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BOS Reports from County Administrator; County Attorney; WCPS; VDOT

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Local Government

Council aligns with Planning Commission: No exemption from off-street parking

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The Virginia Beer Museum at 16 Chester Street, may have to nix expansion of its backyard Beer Garden following a Council vote denying an exemption for off-street parking for museums and art galleries. / Royal Examiner File Photo

FRONT ROYAL – A motion to amend Front Royal Town Code 175-127.3 to exempt museums and art galleries from off-street parking requirements failed Monday evening (Jan. 14, 2019) at its second and final reading, as the Front Royal Town Council voted down the measure 4-2.

Councilman Jacob Meza and recently-elected LeTasha Thompson voted in favor of the code change to allow the exemption, while Councilmen Sealock, Tewalt, Gillispie and Holloway voted against the measure.  Prior to the vote Sealock addressed his concerns about a lack of parking data and also reminded the panel that they had originally agreed to affirm the Planning Comission’s  decision.

Virginia Beer Museum owner David Downes had previously submitted a request to receive an off-street parking exemption to expand the entity’s beer garden. The parking spots he hoped to eliminate are behind 14 and 16 Chester Street, where Downes’ law office and the museum are located.

He previously told Royal Examiner that his request was an attempt to be treated the same as the businesses on Main, Jackson and Chester streets, which are exempt from off-street parking requirements.

Last September, the Planning Commission unanimously recommended that Downe’s request be denied in favor of a town-wide parking study after a public hearing in which 14 citizens spoke in favor of the exemption, with three speaking against it.

In other business, the Town Council’s Monday:

  • Appointed William C. Gordon to the Planning Commission, term expiring August 30, 2020.
  • Appointed Eugene Tewalt and Jacob Meza to the Audit & Finance Committee, term expiring Dec. 31, 2019.
  • Appointed William Sealock as Vice-Mayor. He will serve for two years, until the end of his term.
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Local Government

Town Summit – Part 6, Town Director of Finance B.J. Wilson gives us an ‘Financial Overview’.

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Town Director of Finance B.J. Wilson. Photo and video by Mike McCool, Royal Examiner.

In this 6th and final presentation of the Town Council Summit, Town Director of Finance B.J. Wilson gives us an ‘Financial Overview’.

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Local Government

Town Council Summit – Part 5, Town Attorney Doug Napier addresses the EDA

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Photo and video by Mike McCool, Royal Examiner

In late 1967, Town Council and the Warren County Board of Supervisors, by reciprocal ordinances, jointly formed the “Industrial Development Authority of the Town of Front Royal and the County of Warren, Virginia”, pursuant to State statutes. This local Industrial Development Authority (“IDA”) currently is known as the Economic Development Authority, or “EDA”. This session, Town Attorney discusses the EDA and its relationship with the County and the Town.

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Local Government

Town Council Summit – Part 4, Town Attorney Doug Napier addresses ‘Roberts Rules of Order’

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Mayor Hollis Tharpe asks Town Attorney Doug Napier about Roberts Rules of Order. Photo and Video by Mike McCool, Royal Examiner.

In this fourth presentation of the Town Council Summit,  Town Attorney Doug Napier addresses ‘Roberts Rules of Order’:

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Local Government

Town Council Summit – Part 3, Town Attorney Doug Napier addresses ‘Conflict of Interest’

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Photo and video by Mike McCool, Royal Examiner

In this third presentation of the Town Council Summit,  Town Attorney Doug Napier addresses issues with Conflicts of Interest:

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EDA in Focus

County continues cloak of secrecy on EDA, citing “attorney-client privilege”

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County (and EDA) Attorney Dan Whitten, conferring with board members at a late 2018 BOS meeting. / File photo

Citing “attorney-client privilege” Warren County Attorney Dan Whitten has denied in full a Freedom of Information Act (FOIA) request filed by Royal Examiner on Jan. 2, 2019 seeking the identity, resume and CV (curriculum vitae) of the consultant hired by the Warren County Supervisors on behalf of the Front Royal-Warren County Economic Development Authority to examine debt service issues in which the town and county were overcharged related to debt service.

“The identity of the consultant is exempt from disclosure under the Virginia Freedom of Information Act. The applicable exemption sections are Virginia Code Ann. § 2.2-3705.1(2) which includes “[w]ritten advice of legal counsel to state, regional or local public bodies or the officers or employees of such public bodies, and any other information protected by the attorney-client privilege” and Virginia Code Ann. § 2.2-3705.1(3) which includes “[l]egal memoranda and other work product compiled specifically for use in litigation or for use in an active administrative investigation concerning a matter that is properly the subject of a closed meeting under § 2.2-3711.” The consultant is an expert engaged to aid legal counsel, and the identity of the consultant is exempt from disclosure. Accordingly, the resume and CV of the consultant are also exempt under the same code sections of the Virginia Freedom of Information Act,“ Whitten wrote, in denying Royal Examiner’s request.

When asked if Virginia State Police investigators were involved in the EDA audit, Whitten replied, “Any possible involvement of State Police would fall under the exemptions in Virginia Code § 2.2-3705.1(2) and Virginia Code § 2.2-3705.1(3).”

The response to the FOIA request was emailed at 3:56 p.m. on Wednesday, Jan. 9, just hours after the Warren County Board of Supervisors unanimously agreed to hire the Sands Anderson law firm on behalf of the EDA to represent the EDA in “unspecified legal matters.”

Whitten said the contract has a $50,000 legal fees cap, and no money has yet been spent. The motion at Tuesday’s regular board meeting to approve the contract states that the law firm will “provide legal counsel on a specific matter.”

That decision came after the Board of Supervisors held a closed session for consultation with legal counsel regarding accounting and debt service.

Whitten, who represents both the County and the EDA, said the firm would represent the EDA on a “specific legal matter.” He said the firm already represents the county and EDA on bond counsel issues, but the matter for which the firm was hired was a different matter.

When asked if there was a conflict of interest, with Whitten representing both the County and the EDA, Whitten stated, “It is not a conflict if the County and EDA are not adverse parties to each other, and both political subdivisions agree to my representation of both bodies. If the County wanted to take action against the EDA for any reason, there would be a conflict, and I would recuse myself.”

Warren County, on Dec. 21 approved an expense of $90,000 payment to an unidentified financial consultant who has been looking into overpayments the town and county made to the EDA relating to debt service.

On Dec. 20, Jennifer McDonald, former EDA executive director, resigned from that position after the EDA board held a number of closed sessions regarding debt and accounting services. See related story: EDA Director McDonald submits a resignation by email prior to Thursday meeting

On Oct. 31 Royal Examiner broke the story that the EDA had overcharged the Town of Front Royal over $291,278.264. See related story: EDA may owe Town of Front Royal nearly $300K

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