Supervisors will revisit Sheetz rezoning on May 25; Carter sides with Town on ‘Sludge War’ process

Was some May 4^th verbal sparring between Tony Carter and Walt Mabe during discussion of Carter’s request for reconsideration of the supervisors’ February 10^th denial of the rezoning that would have facilitated the development of a Sheetz gas station/convenience store at the foot of the Apple Mountain subdivision a sign of growing tension among the supervisors? While we will explore that sparring at the below subheader, the first indication of an internal board divide came about 20 minutes earlier during member reports.

Tony Carter raised the issue of the escalating tensions between the Town and County over the process in which a complaint that Town of Front Royal Solid Waste crews were dumping sewage at the Solid Waste Transfer Station in Bentonville had been handled. As previously reported, alerted of the suspicion and informed the County Transfer Station was not licensed to handle such sewage waste, board Chair Cheryl Cullers alerted Interim County Administrator Ed Daley, who in turn alerted Warren County Sheriff Mark Butler. Butler then initiated an investigation into the reported dumping that resulted in a confrontation with a three-person Town Solid Waste truck crew about the sewage, which was mixed in with residential trash according to descriptions of the April 20 incident at the transfer station.

The County Solid Waste Transfer Station – scene of April 20 incident that has launched a ‘Sludge War’ of words on municipal processes. On May 4, one county supervisor broke ranks to side with the Town perspective. Photo WC website

Also as previously reported, Front Royal Mayor Chris Holloway and Councilman Jacob Meza launched an aggressive response at the April 26 council meeting, culminating with an April 28 press release and mayoral letter to Cullers seeking Daley’s firing and the sheriff’s resignation.

Asked if he had anything to present as member reports were reached just past 43 minutes into the May 4 meeting, Carter said, “Just one thing I guess.” In that “one thing”, Carter echoed Holloway and Meza’s contention the sewage dumping matter should never have been passed to county law enforcement for a criminal investigation, but rather handled through board or staff communications aimed at clarification and an inter-departmental resolution.

“If there’s a concern expressed by a citizen, I believe it’s our role to pass that on and have staff look into it. If it is a concern from staff, in my opinion, it should be brought up with his or her direct supervisor and/or his department head,” Carter began. He then recited the publicly referenced and verified process of Board Chair Cullers receiving the information, passing it on to Interim County Administrator Daley, who then turned the matter over to the sheriff for investigation.

“I guess my question is, Ms. Cullers, did you direct Mr. Daley to contact the sheriff or was that his idea?” Carter asked the chair, continuing to ask if County Public Works Director Mike Berry had been contacted. With the initial question having been posed to the chair, Daley hesitated in replying to the second question which Carter asked looking the interim administrator’s way.

“I want you to answer my question right now – was Mike Berry contacted?” Carter pressed Daley.

“Yes, he was,” Daley replied.

“Before or after you contacted the sheriff,” Carter continued.

“Simultaneous,” Daley said.

Citing an ongoing criminal investigation in response to Carter’s initial question to her, Cullers then replied: “I have made my statement and I don’t plan on making a further comment”.

“That’s fine. Is the investigation still ongoing?” Carter asked, leading County Attorney Jason Ham, seated next to Daley at a staff table, to respond that it was.

‘I want you to answer my question right now’ Tony Carter, above, told Ed Daley, below left, despite his initial question being directed at Board Chair Cheryl Cullers. Royal Examiner Photos by Roger Bianchini

Continuing to read from written notes, Carter then referenced the Town position that the sewage dumping has been an ongoing routine “for years”, stating that the materials in question were coming from County septic-hauled materials treated at the Town Wastewater Treatment Plant where both town and county sewage are treated.

“So I guess my question is why did this all of a sudden become a problem? And the other question is, could this have been resolved with just a phone call to the town manager, a sit down with Mr. Berry and the town staff and ask them? – I understand if there’s an alleged crime against somebody, you don’t necessarily go straight to them. But this is going on for some time,” Carter reasoned, adding, “And it seems like to me it could have been worked out a lot easier than the process we’re going through at this time.”

Carter wrapped up by questioning the entire “sludge” affair’s – well not the entire affair as the county attorney noted the sheriff’s office criminal investigation is ongoing – impact on Town-County relations. Though not mentioned, they are relations that include, despite an open offer to resolve without litigation, an approximate $26 million Town civil suit against the Warren County Economic Development Authority based on that still-unresolved financial scandal; a scathing and very public verbal and written attack on Daley and Sheriff Butler over the questioning of a Town trash truck crew about the sewage they were carrying with residential trash to the County Transfer Station; and the related Town withdrawal from future liaison committee and other joint meetings with county officials pending action on a requested firing of Daley and resignation of Sheriff Butler.

Appearing to read from a prepared statement, Carter continued: “And the last thing I got, the members of this board keep saying they want to have a good relationship with the council and work together to move the community forward. You certainly have a strange way of showing it, but I guess actions speak louder than words. Once this investigation is concluded, I and the public expect a full accounting of this event. That’s all, thank you.”

While none of his colleagues responded directly to Carter’s remarks, during his report Mabe noted a recent meeting with Town Manager Steven Hicks to discuss “general things to bring the Town and County together”, as well as a discussion with Chamber of Commerce officials on future joint County-Town efforts on a number of fronts, including homelessness.

During her report, Delores Oates noted the recent Washington Post article, covered by our contributing reporter Malcolm Barr Sr., praising Sheriff Butler for his work assisting Health Department officials in getting COVID-19 vaccinations to seniors and other citizens in homebound situations, many in remote county locations. – “I just want to say kudos to you, Sheriff Butler. That was a great article and we appreciate your service to help our community.”

Cullers referenced being an observer at the recent Active Shooter/Mass Casualty training exercise at the new Warren Memorial Hospital site involving tight coordination between the sheriff’s office and town police, as well as County Emergency Services and other related medical, transport, and hospital staffs.

No time for turf wars here – Town and County law enforcement worked together seamlessly, as well as with other agencies, without bickering during three-day Active Shooter/Mass Casualty Training exercise the third week of April.

Sheetz rezoning – Why are we revisiting this?

As noted in our board meeting overview story, earlier in the meeting one of Carter’s constituents, Apple Mountain resident Pat Payne, asked the board not to alter its February 10 decision not to facilitate the establishment of a Sheetz near the Linden I-66 interchange at the foot of the Apple Mountain Lake neighborhood. The potential of contamination of the mountain’s groundwater feeding the area’s water supply was cited as too big a risk. She also questioned the positive commercial tax revenue impact, noting that if established, much of Sheetz’s business and related tax revenue would simply be taken away from existing gas, food, and convenience operations already in place near the Linden I-66 interchange.

Apple Mtn. retiree resident Pat Payne asked the county supervisors not to reverse their split Feb. 10 vote to deny the rezoning that would put a Sheetz at the foot of the mountain subdivision. She may need reinforcements on May 25.

Later, near the open meeting’s end when the authorization to revisit the rezoning was on the table, Shenandoah District Supervisor Mabe questioned Carter on his reasoning for revisiting the Sheetz rezoning so soon (less than three months), inquiring of the property owner’s position on the matter. “What changed? I mean, why are we bringing this back? It’s already been voted on and it was rejected. What changed,” Mabe repeated of his root question.

“Primarily because of the bus stop,” Carter replied, citing projected costs for realignment of a public school bus stop close by that he estimated at, “at least $100,000 – So, that’s the main thing too, which is worth revisiting to hear those issues again, particularly on the bus stop.”

One citizen present at the Feb. 10 joint planning commission-supervisors public hearing on the Sheetz rezoning expressed a theme running through many of the area residents public comments.

Pointing out that the request for the rezoning was from Sheetz project developer Dudding Commercial Development LLC, Mabe queried Carter on the position of the property owner seeking to sell the 6.45-acre portion of a 15-acre parcel for the Sheetz project – “Where’s the man? Where’s the guy that owns the property?” Mabe asked.

“I don’t know, he’s probably at home,” Carter replied dryly.

“That’s not what I asked,” Mabe said

“You asked where he was,” Carter retorted.

“I asked where he was in the process,” Mabe said of the context of his question on the positioning of the property owner.

“I don’t know. I did this because of the bus stop,” Carter reiterated his initial reply on why he sought a revisiting less than three months after the board’s initial rejection.

It is worth noting that the rezoning application process indicated that the property owner was allowing the county to use a small portion of his total 15-acre property for that school bus stop. Improvements to the bus stop adjacent to the 6.45-acre Sheetz portion of the property were included as part of the rezoning proposal. Once denied, the property owner withdrew permission to continue to use his property for the school bus stop, leading to its being moved to another location nearby. VDOT has determined it does not own all the necessary right of way for improvements to the new location, leading to additional costs cited by Carter.

Are you talking to me? With a nod to Robert DeNiro’s mirror conversation in the classic movie ‘Taxi Driver’, we acknowledge Tony Carter, above, and Walt Mabe’s difficulty getting on the same page during the May 4 discussion of the reason to revisit the Sheetz rezoning vote so soon. It was established that looming school bus stop improvement costs were the basis for Carter’s request to reconsider. ‘Where the property owner is’ – In favor of reconsideration, one might guess.

Ironically now perhaps, Mabe joined Carter and Archie Fox forming the 3-2 majority to deny the rezoning request on February 10. As reported by Royal Examiner’s Stephen Sill, following a sometimes emotional joint public hearing, followed by first, the county planning commission’s 3-1 recommendation of approval of the rezoning request, the supervisors, on Carter’s motion, voted 3-2 to deny, in support of the vast majority of area residents opposing the Sheetz project on water supply, public safety and proximity to the school bus stop issues.

On May 4, following Archie Fox’s second of Carter’s motion to authorize advertisement of a second public hearing on the matter, the board approved that authorization with only Mabe dissenting. A one-agenda item Special Meeting was scheduled for 7 p.m., Tuesday, May 25, for that new public hearing and possible re-vote on the Sheetz project rezoning request.