EDA in Focus
Connolly again berates Egger for continuing workforce housing discussion
The divide about exactly what constitutes appropriate Front Royal Town Council meeting business ramped up another notch on Monday, May 22.
Addressing the size of the EDA response to her submitted questions about the workforce housing project – 383 pages by Royal Examiner count – Bébhinn Egger observed, “It sort of reminded me of the person who goes in to pay their fine with all pennies … it was every piece of paper they could find with the words workforce housing on them. And I had asked very specific questions and I expected very specific answers to those questions. After looking through the packet, very few of those questions are answered. So, I think it’s very important for council in the future to think about whether this is an acceptable way for our questions to be answered.”
Egger noted that she has seen a great deal of constituent interest in how the workforce housing project has evolved, and asserted that the questions she has asked are the questions many town citizens would also like answered.
“And I know I’m not the only one with questions – since the last meeting (May 8) I have been stopped on the street, in the grocery stores, and by people who have taken the time to call me up; and a lot of our constituents have these same questions.
“So, it’s really important that we are treated with respect in getting our questions answered. And on the end of their cover letter they did mention if there were any additional questions they should be submitted to Jennifer McDonald and she’d be happy to answer them.”
Egger explained that at Mayor Hollis Tharpe’s suggestion of May 8, she personally e-mailed her questions to EDA Executive Director McDonald – “And I’ll be doing that again for the majority of questions that have not been answered.”
Following the conclusion of her remarks, which will be explored in more detail below, Egger’s colleague John Connolly picked up where he left off on May 8. He again berated Egger for not having her discussion about dynamics of the workforce housing project privately, out of the public eye.
He asserted that project financing or costs were beyond the scope of council interest, that the special permitting exceptions requested by the EDA and granted by the Town were purely a land use decision. He also chided Egger for not asking appropriate land-use questions when the special exceptions permitting request was before council last November.
That assertion appears to ignore the fact that prior to council’s November 14 final approval of the Special Use Permit exceptions, Egger was the only council member to raise hard land-use questions, particularly as they applied to road exceptions and public safety concerns brought to council by area residents. Connolly joined the 5-1 council majority (Egger dissenting) in voting down Egger’s land use concerns. (William Sealock and Chris Morrison have since replaced Bret Hrbek and now-Mayor Tharpe on council).
Connolly again accused Egger of grandstanding and using the “council concerns and inquires” portion of the meeting as a “soapbox” to promote “personal vendettas”. However, it has been Connolly himself who has appeared to take a policy disagreement to a more personal, even “showboating” level. Connolly has taken on an almost parent-to-child tone to lecture Egger on everything from “respect” to what are appropriate topics of conversation at the dinner table – oops, I mean the “Requests and inquiries of Council Members” portion of town council meetings – and “daddy” has made it clear he does NOT hold “all his children” to the same conversational standard, as illustrated in his “special exception” for Jacob Meza referenced below.
“I think one of the most legitimate critiques of town council in the past few years has been the level of professionalism with which we conduct ourselves in this office,” Connolly began at a very measured pace (Wonder where he heard that? Have you heard that? I haven’t heard that!). “And it’s one thing to talk about respect and wanting respect to be given,” he said glancing “stage right” toward Egger’s dais position. “I was always raised that respect is earned and we should be giving respect in order to get respect.
“Mr. Mayor, my point of view is thus: we all have access to Jennifer McDonald, we can call her and talk to her. We have ridden this train before where members of council have made accusations about public figures; about staff members; about people in the limelight; about businesses without going and getting their information first (does he mean like from the EDA about the un-gifting secret deadline? – I’m confused).
“The question about the workforce housing project was a land use question; it was a planning and development question. I fail to see how (shoulder twitch for punctuation) Miss Egger’s issues with how this was or was not funded were pertinent to the question at hand, that was before council at that time, is WHY she didn’t ask any questions about that, really, at that time (REALLY?).
“IF there are still questions to be had, I want to know why council members haven’t picked up the phone or gone to the EDA office, which we know we’re welcome to do because Jennifer has told us multiple times we are welcome to do that INSTEAD of making a big stink here in public, while the TV cameras are on, about someone’s performance? (one must wonder if Connolly read even the 8-page press release accompanying the EDA workforce housing packet, which made it clear the EDA Board was NOT going to authorize release to Town officials of any detail of its confidential agreement with the property owners, including the loss-of-gift deadline)
“On the whole I don’t know whether there are more questions that need to come out here or not. What I DO know is that has nothing (dramatic finger punching) to do with the agenda that’s before us for this meeting here this evening. My understanding of the ‘Requests and Inquires of Council members’ portion of our agenda, IS that it is not so we can use this time to soapbox; to go through our own personal vendettas; and our own personal motivations and drive our own personal agendas (WOW, talk about the pot calling the kettle black) but so that we can raise inquires, like Councilman Meza did in raising the issue of the railroad tracks and things that have been brought to us as an outlet for new business that needs to be brought up.”
So let me get this straight – Christendom College graduate John Connolly thinks that trains stopped here blocking railroad tracks for extended periods of time IS new business; but thinks the April 28 revelation council and its planning staff were not informed of a pending project start deadline adding $445,000 to the EDA cost for the workforce housing project IS NOT?!!?
R-E-S-P-E-C-T
Egger later responded to Connolly’s thoughts on the origins and acquisition of respect.
“I think with the discussion of respect, when the EDA disclosed at their last meeting (April 28) that there was a confidential agreement that included a deadline that was not given to us when we voted in November, that’s the first breach of respect – that they are withholding information from us … I don’t think my questions were given in an attacking sort of way, but I was very firm because I was extremely upset, and still am, that they’re withholding information and don’t seem to think there’s a problem with that.
“So that, I think, is the first breach of respect.”
Egger repeated that she hoped her inquiry was not interpreted as disrespectful, adding that she would re-submit it in the hope of getting “answers for our constituents.”
What’s the Town got to do with it?
During her remarks of May 22, Egger re-addressed the contention, expressed on May 8 by Mayor Tharpe and John Connolly that the workforce housing project was no longer a town concern because no town tax money was going directly to support it.*
“I think that stance lacks the bigger picture because we did vote on a Special Exception for this project; and come to find out we voted on that without being given extremely, extremely important information. We were told that the land was being donated; and if you remember I ended up voting ‘no’ on that special exception – but I really took that into consideration that they were receiving a donation for the land because that’s HUGE, that’s a big asset. And I’m sure others on council took that into consideration because that is a big asset … a huge plus, the land being donated.
“But we were not given the information that there was a HUGE contingency on that donation and there was a huge chance that property was going to be reverted back to the property owners. And the EDA board has stated in writing that they were under no obligation to tell the town council that.
“And I for one do NOT accept that – that we are going to be asked to vote on something and not given pertinent information that would help us make a well-informed decision.”
Egger said that assuring council has ALL the relevant information impacting decisions on projects inside the town limits that impact town citizens was the reason she would continue to pursue the matter until she believes her questions, the questions of her constituents were answered. She pointed out to her colleagues that to the best of her recollection, all citizen comment council heard prior to its vote had been AGAINST approval of the special use exceptions the EDA had requested, particularly related to traffic and public safety concerns.
Egger then offered to include any of her colleagues interested in answers to specific workforce housing questions, in her next e-mail query to the EDA. The responding silence was deafening, other than Councilman Meza’s acknowledgement there might be relevant issues of exploration by council related to all it had approved in the special use permitting exception granted to the EDA in November.
Appendix
On May 8, Egger requested answers from the EDA to the following questions by May 19:
- Who put the $445,000 price on the now-voided gifted deed of transfer?
- A timeline on all permitting for the project, particularly now that fingers have apparently been pointed the town’s way for the failure to meet the March 1, 2017 deadline;
- Why there was a confidential agreement between the EDA and the Campbells on the land transfer?
- An itemization of how the EDA has already spent $500,000 on the project, leading to the decision to proceed with a purchase of the property;
- Public disclosure of all familial relationships between anyone involved in the transaction;
- And finally, appraisal prices on the Afton Inn and old Stokes Mart/B&G Goods building the EDA is also involved in managing or marketing.
* Footnote
EDA’s are quasi-governmental institutions created by municipalities to oversee economic development in their communities. In Front Royal and Warren County’s case, both municipalities were involved in the creation of what eventually became known as the Front Royal-Warren County Economic Development Authority (originally Industrial Development Authority). Both funded that entity with annual operational budgets and a share of debt service payments. While both the town and county still support EDA debt service payments in their annual budgets, the County took over the Town’s operational funding several years ago as part of the ongoing 522 Corridor Agreement negotiations compensating the Town for its extension of central water-sewer into the county’s northside industrial-commercial corridor. Much of that budget assumption compensation by the County involved taking on funding responsibility for things town citizens were being double taxed for as both citizens of the county and town. The 66%-34% “Fair Funding” formula of shared County-Town expense on EDA or related matters was also developed, at least in part, to address the fact town citizens are also county citizens.
Crime/Court
47-Year-Old Jennifer McDonald Will Hear 6 to 24 Years in Prison Argued at Her Sentencing Hearing
According to court documents filed in the run up to the April 9 sentencing hearing of former Front Royal-Warren County Economic Development Authority Executive Director Jennifer McDonald a sentencing range of from 6 years to 24 years will be argued between defense and prosecution counsels in Harrisonburg’s 10th Western District of Virginia courthouse this Tuesday. Both sides will present witnesses to bolster their sentencing requests. It might be noted that McDonald is 47 years old.
According to the prosecution’s filing of its Sentencing Memorandum to the court: “The Government recommends a total sentence of 22 years, or 240 months (20 years) for the fraud and money laundering counts, to be followed by 24 months (2 years) for aggravated identity theft, to satisfy the factors enumerated in 18 U.S.C. § 3553(a). The Government further requests the Court order restitution to the EDA in the amount of $3,544,268.60 and enter a forfeiture money judgment in the amount of $5,201,329. The Government further recommends a period of supervised release of three years and that no fine be imposed.”
As to their prison time recommendation federal prosecutors note that: “The United States Sentencing Guidelines, as calculated in McDonald’s Pre-sentence Investigation Report (“PSR”), ECF No. 248, call for a range of imprisonment of 235 (19.7 years) to 293 months (24.5 years), to be followed by a consecutive 24-month (2 year) term of imprisonment for Count 18, Aggravated Identify Theft.”
The additional two years on the aggravated identity theft charge involves another EDA “financial scandal” figure, ITFederal principal Truc “Curt” Tran. Tran is on the prosecution’s list of sentencing witnesses to testify to damage done to his reputation locally by McDonald’s, citing him as an interested party in a real estate transaction he said he had no knowledge of. It was one of the transactions cited by the prosecution as ways McDonald used, or attempted to use, to move money to her own, or other alleged co-conspirator’s, benefit.
Prosecution Point
In seeking a harsh sentence at the upper end of sentencing guideline recommendations the prosecution writes to the court: “For more than four years, Jennifer McDonald used the bank accounts and credit facilities of the Warren County Economic Development Authority (“EDA”) as her personal piggy bank, diverting public funds to purchase real estate and to pay her personal expenses. She falsified documents to fool the EDA’s Board of Directors, external auditors, and Warren County (“County”) and Front Royal (“Town”) government officials so she could continue and grow her scheme, reaping ever-growing payoffs. She employed elaborate ruses, including pretending to act as Truc Tran, to obscure her blatant theft of taxpayer dollars. Instead of acting for the general good of Warren County, McDonald pilfered the EDA’s bank accounts. In the end, her actions crippled the EDA. Due to Jennifer McDonald, a public agency designed to improve Warren County is now saddled with debt, and it is the taxpayers of Warren County who are now directly paying for her crimes.”
Defense Counterpoint
On the defense side, they question the cited guidelines origins and point to a lifetime of personal, financial, and professional consequences McDonald faces as a result of the 30 specific actions she was convicted of related to the FR-WC EDA financial scandal: “Jennifer McDonald submits this sentencing memorandum in support of her request for a total sentence of 72 months (48 months on Counts 1-13 and 19-34 plus 24 months on Count 18) followed by four years of supervised release. The sentence requested is sufficient but not greater than necessary to achieve the purposes of sentencing set forth in 18 U.S.C. § 3553(a)(2).
“The current guideline range provides no useful advice to the court, as it was not developed based on empirical data or national experience and it fails to satisfy any purpose of sentencing. It recommends a sentencing range that is far greater than necessary to punish Ms. McDonald because she poses an extraordinarily low risk of recidivism and has been destroyed personally, financially, and professionally because of her convictions. The collateral consequences already felt by Ms. McDonald vastly exceed that of an ordinary case and weigh in favor of a sentence of 72 months (6 years).”
Defense counsel, on behalf of their client, further describe McDonald’s roots here and the lifetime consequences of the actions she has been convicted of: “Front Royal is Jennifer McDonald’s hometown. She has lived in Front Royal for her entire life, except for the four years she went to college in North Carolina. Her family’s roots in Front Royal go back generations, and Jennifer has devoted her adult career to working for and on behalf of the people of Front Royal and Warren County. But now she is a pariah in the town she loves because of her offenses.”
Also submitted on McDonald’s behalf is a letter to Judge Elizabeth K. Dillon from a woman describing a 30-year friendship with McDonald that began when the woman moved to the area with her family when a high school junior. “I know that Jennifer is charged with a serious offense, but I would like to give you additional information about her for your consideration,” she begins.
She then traces the personal difficulty of making friends in a tightly knit, small-town community environment at that age, continuing, “However, Jennifer went out of her way to make me feel welcome and that I wasn’t going to spend my last two years as a high schooler friendless. Jennifer has been my friend since then,” she observes, adding, “When my father passed away suddenly, she was the first person I called and she came immediately to help me as I dealt with the sadness and grief. Jennifer is my best friend. Thank you for your consideration,” the woman says in conclusion of another side of defendant Jennifer McDonald not presented as evidence in her criminal trial.
How may Judge Dillon balance what she hears in support of prosecution and defense arguments and witness testimony about community and personal repercussions of the acts Jennifer McDonald was convicted of by a federal court jury on November 1st? Will we find out this Tuesday, April 9. Stay tuned.
EDA in Focus
EDA Acknowledges Failure of Attempted 158 Faith Way $350,000 Deed Buy-Back – What Happened?
On the morning of Tuesday, April 2, a press release from Warren County Director of Economic Development Joe Petty announced the failure of the previously announced Economic Development Authority (EDA, FR-WC EDA) acceptance of a deed buy-back offer of $350,000 by Jennifer McDonald and her husband, Samuel North, on their home property at 158 Faith Way. This reporter found that press release somewhat vague on exactly why the buy-back arrangement had failed. Readers will recall from our below-referenced story that the McDonald/North deed buy-back would have likely netted the EDA, and indirectly the County, at least $150,000 more than a resale effort after maintaining the earlier-announced property seizure.
The opening paragraph of the April 2 release offered a hint about unmet terms: “On March 22, 2024, the Front Royal-Warren County Economic Development Authority (EDA) Board of Directors held a regularly scheduled meeting during which it approved a settlement offer with Jennifer McDonald and Samuel North regarding property located at 158 Faith Way. McDonald and North had deeded title to the EDA on February 5, 2024, but not vacated, thus requiring ongoing significant and costly EDA and Warren County litigation. As the terms of that offer were not met by McDonald/North, on March 28, 2024, the EDA Board of Directors held a special meeting and voted to rescind its March 22nd resolution and withdraw the offer.”
“Not met” in what way we wondered, and decided to ask EDA Board Chairman Jd Walter. He replied to our emailed inquiry, explaining: “Almost immediately upon EDA approval, their (McDonald/North) counsel advised EDA counsel that they would not be able to meet the payment schedule. Subsequently, North did not withdraw his appeal of the order of possession, which was another term of the settlement offer. As such, the EDA considered the offer not accepted, thus voted to rescind its previous resolution and withdraw the offer.”
So, what is the status of the McDonald-North home property at this point? “The EDA is awaiting a hearing in Circuit Court on the North appeal to the order of possession. Until that hearing is concluded, the EDA cannot take physical possession of the property,” Chairman Walter explained.
So, it appears that the EDA is back to taking possession of the property with all its negative financial implications regarding legal fees, liens filed against the property by third parties, an unpaid $250,000 mortgage equal to half the value of the property, not to mention closing costs on any prospective sale.
Well, based on their comments against the deed resale effort at the March 26 supervisors meeting it would seem that at least the five elected members of the Warren County Board of Supervisors are happy — though this reporter remains baffled as to exactly why.
(See LINKED Royal Examiner story: “EDA Plan to return McDonald-North Home Property Deed for $350,000 Cash Raises Ire of Supervisors – But What Do the Numbers say?”)
Below is the full April 2nd Press Release on the canceled Faith Way deed resale effort:
On March 22, 2024, the Front Royal-Warren County Economic Development Authority (EDA) Board of Directors held a regularly scheduled meeting during which it approved a settlement offer with Jennifer McDonald and Samuel North regarding property located at 158 Faith Way. McDonald and North had deeded title to the EDA on February 5, 2024, but not vacated, thus requiring ongoing significant and costly EDA and Warren County litigation. As the terms of that offer were not met by McDonald/North, on March 28, 2024, the EDA Board of Directors held a special meeting and voted to rescind its March 22nd resolution and withdraw the offer.
The proposed settlement terms were for McDonald/North to pay the EDA, by certified check a cash settlement of $350,000.00 and to withdraw North’s appeal of an order of possession of the Faith Way property granted to the EDA on March 6, 2024, by the Warren County Circuit Court. For these terms, the EDA would have deeded the property back to McDonald/North. In such a case, the multiple liens against the property by parties outside of the EDA would have remained the responsibility of McDonald/North, and not been a deduction from the proceeds to the EDA if the EDA sold the property.
As noted, the EDA received an order of possession for the 158 Faith Way property on March 6th. However, because North has appealed that decision the EDA cannot yet take physical possession of the property in order to sell it for fair market value. Upon sale of the property, the EDA will be required to satisfy the multiple liens against the property and cover closing costs.
The EDA takes very seriously the perspectives of the community as it relates to matters associated with McDonald and her actions as former Executive Director of the EDA. The EDA Board’s decision of March 22nd made sound financial sense. It was not accepted. The EDA wants to make clear because of their serious, negative impacts on the community, McDonald/North are not entitled to the positive consideration of being allowed to stay in their home when their size-able debt to the EDA, County and community remains unpaid.
The next regular monthly EDA Board meeting will be held on Friday, April 26, 2024, at 8:00 AM, at the Warren County Government Center.
EDA in Focus
In-Town Business Owners Urged to Respond to Coming Town Business Development Board Survey
At its regular meeting of Monday, April 1, the Front Royal Economic Development Authority (FREDA), also now operating under the title Front Royal’s Business Development Board (BDB), continued to fine tune what Town Director of Community Development and Tourism “Lizi” Lewis called on March 18 the “working, living draft” of a survey of existing in-town businesses. Central to that fine tuning process was stressing the importance of encouraging the largest possible return rate of the survey designed to give the BDB/FREDA board a working outline of the best path forward in assisting existing businesses within the town limits to maximize their potential profitability and business models.
And reaching them with an understanding that a response to the survey is in their best interest was stressed Monday. That is because the content of that collective response will help Front Royal’s Business Development Board establish its priorities in making recommendations to the Town’s elected officials and involved departments on infrastructure and other priorities designed to make the Town as business friendly to the specific needs of existing businesses as it can be.
And to that end the bulk of the noon meeting was propelled by Lewis’s presentation of her most recent draft of the survey drawn up in the wake of the March 18 meeting discussion and input from FREDA board members. As readers may recall, strategies developed two weeks earlier included not annoying busy business owners with too lengthy of a questionnaire requiring a great deal of detail, as well as utilizing the community’s two existing Rotary clubs and the Chamber of Commerce to reach the broadest possible number of existing business owners.
So, maintaining a balance in seeking both the above-referenced “quantitative” response, as well as the additional more detailed “qualitative” replies from those willing to spend a little more time — 20 minutes was estimated as an average response time to the existing draft — was a driving force in Monday’s discussion. And Lewis listened as Business Development Board members suggested combining some questions, dropping or relocating others. And Lewis explained that there would be additional space available for expanded responses for those desiring to elaborate on various responses on their existing business model or desired changes or fixes to existing Town infrastructure or workforce availability.
Asked if the survey would be distributed by email, Lewis responded that it would be distributed multiple ways. A target time-frame of mid-April was cited for a final board-approved draft to be sent out to the existing in-town business community.
On one front related to existing or future business development, under “Old Business” regarding workforce development and employee recruitment, Lewis reported that a date of April 18 had been confirmed for the board’s visit to Laurel Ridge Community College in Middletown. However, due to Spring Break the board’s visit to the Blue Ridge Technical Center here in town has yet to be nailed down. April 15 had been targeted for that Blue Ridge Tech Center visit during discussion on March 18.
Near the meeting’s end, Town Manager Joe Waltz told the board that one result of the town council’s recent “Retreat” was establishment of a revenue stream for BDB/FREDA operations as a main priority of council.
The noon meeting adjourned at 1:28 p.m.
EDA in Focus
EDA Plan to Return McDonald-North Home Property Deed for $350,000 Cash Raises Ire of Supervisors – But What Do the Numbers Say?
At its work session of Tuesday, March 26, the Warren County Board of Supervisors was temporarily distracted from the flood of numbers it has been pondering related to finalizing a Fiscal Year-2025 County budget, by another number — $350,000. That is the amount of money the now unilaterally County-overseen, if still legally named quasi-governmental independent entity Front Royal-Warren County Economic Development Authority (EDA, FR-WC EDA), announced the previous Friday it would accept in cash or certified check from former EDA Executive Director Jennifer McDonald and her husband Samuel North to return the deed of ownership of their home property at 158 Faith Way to them.
The EDA’s recent move on acquiring deed to the property was announced February 9. It is driven as part of the effort to recover more of the estimated $6.5 million in EDA assets testimony at her criminal trial in federal court in the Autumn of last year indicated McDonald is believed to have moved to her own personal benefit as part of the EDA “financial scandal” occurring under her executive directorship of the FR-WC EDA between 2014 and 2018. As noted by staff at Tuesday’s work session, McDonald has given the EDA an estimated $1.3 million in real estate in a voluntary settlement agreement near the beginning of the EDA’s civil litigation process several years ago, leaving a referenced $9-million liability at about $7.5 million still to be recovered.
McDonald faces sentencing on 30 criminal convictions related to the unauthorized movement of EDA assets under false pretenses on April 9 in the Harrisonburg federal courthouse. Our most recent information is that McDonald and North continue to reside in the Faith Way property with a challenge of the EDA seizure of the property having been filed. The EDA contracted local attorney Nate Adams to represent the EDA regarding property rights to the Faith Way residential property.
EDA perspective
Initial information sought from the EDA board in the wake of the post-closed session announcement on Friday, March 22, indicated that the deed resale was considered the most financially productive path forward for the EDA and County to gain a maximum return on investment when all cost and value aspects of the Faith Way property are laid on the table. Those numbers as we understood are an assessed value of approximately $500,000; however, with an existing mortgage of about $250,000 to be paid off. Add legal fees projected at $30,000 to fight already filed legal actions against the property, and a potential 5% sales commission we calculate at $25,000 on the property’s full assessed value, and it would appear the EDA would be looking at a return in the neighborhood of $200,000, if not less, to follow through on the initial deed seizure and EDA-facilitated resale effort.
But perhaps the county’s elected officials are working with a different set of numbers, or have confused some of the myriad departmental and outside agency budget request numbers they have been dealing with for several months now with the dynamics of the EDA deed return effort. County Administrator Ed Daley noted at Tuesday’s work session that it was the board’s 19th budget-season work session as Fiscal Year-2025 approaches on July 1. The work session discussion of the Faith Way property matter begins with the chairman’s introduction at the 49:48 mark of the linked County video.
County Supervisors perspective
It is a very interesting and collectively negative reaction by the supervisors as to what the EDA appears to believe will give the EDA and the County, which is helping the EDA keep its financial head above water in the aftermath of the “EDA financial scandal”, the best bang for their buck.
“That came as quite a surprise to all of us on the board of supervisors. And to say the least, none of was very happy about it,” Board Chairman Cheryl Cullers said in introducing the late-added topic of the Faith Way deed return to the work session agenda, adding, “So, I’ve been working with staff today in conversations and I’m optimistic that we have derailed that sale because that is not something this board of supervisors wanted. It is not our intention to give somebody who stole from the people of this community back, and for a lower price than what that property is worth.”
After her introductory remarks, Cullers handed off to her colleagues, each of whom added their discontent to the planned deed resale to McDonald and North beginning with Supervisor John Stanmeyer at the 52:00 video mark.
We contacted County Administrator Ed Daley about what financial information the board was working from in that previous day’s discussion. “I don’t think price was the issue for the board,” Daley replied, suggesting a call to Chairman Cullers for elaboration on her perception of the driving force for the board’s opposition to the re-sale of the deed to McDonald and her husband.
This reporter emailed Board Chairman Cullers late Wednesday afternoon with questions related to her comments at the Tuesday work session, the above-cited numbers as we understand the EDA reasons for moving toward the cash-for-deed return, and Daley’s observations that factors other than money could be involved in the supervisors collective stated desire to derail the EDA initiative. However, as of publication Cullers had not responded to the emailed questions, nor responded to a phone message left mid-afternoon Thursday.
Not hearing back from the chairman, we returned to the linked work session video at the 52-minute mark where John Stanmeyer began the other members comments on the EDA’s plan to recoup $350,000 cash in exchange for the property’s ownership as the best path forward to claim maximum attainable value from that property.
“I’ll just say I was surprised and disappointed too hear about this. And it’s hopefully not too late to have it stopped. We definitely don’t want to let her off the hook on this,” Stanmeyer said in support of the chairman’s opening remarks.
Next up was “Jay” Butler (52:19 video mark). “I feel the same way. Until Jennifer McDonald has paid restitution to the county and to the community, you know, I do not support anything that would be in favor of her at this point, especially in the sale of this property,” Butler chimed in, adding, “It came as a surprise to me, and I definitely would have said ‘No’.”
Richard Jamieson (52:58) continued with the consensus appraisal against netting $350,000 in return for the property. “Again, I’ll reiterate that I would absolutely not support this. This is a person who was convicted of crimes of embezzling money from the community,” Jamieson said, verifying a $9-million judgement against McDonald with the county administrator when various factors, perhaps including accumulated interest and conspiracy on the movement of EDA assets to her personal benefit, are included, with about $1.3 to $1.5 million in real estate thus far returned.
“So, she owes seven-and-a-half-million dollars, yet somebody thinks it’s an OK idea to sell her house back to her that we took away from her, for $350,000. If she even has $350,000 it should be ours … It’s flabbergasting to me. I completely disagree with it. And my request to Chairman Cullers was to reel it back in, no matter what,” Jamieson said of blocking the EDA deed resale initiative.
And finally it was Vicky Cook’s turn to wrap up this supervisors consensus (54:08). “Wow, I support everyone of my fellow colleagues on this board of all their statements. And I was surprised as well when I heard about the transaction. I agree with Mr. Jamieson in regard with the $9-million settlement, which was a cherry deal when considering how much we are still paying on that debt right now … and I hope we can stop the transaction, and bring the money back to the taxpayers of Warren County,” Cook concluded.
Then acknowledged by the chair (54:49), County Administrator Daley suggested each supervisor convey their perspective on the proposed transaction to as many members of the EDA Board of Directors as possible. Perhaps during such direct between-board communications the supervisors will elaborate on how they believe holding on to the Faith Way property for resale, particularly if the attached mortgage and other forecast expense numbers cited above are accurate, will help the EDA get closer to recovering the $7.5-million still owed by McDonald to it and the County.
About those budget numbers
In other work session agenda items county staff explained various budget numbers, reasons for changes, and ongoing variables that could further impact their numbers moving forward toward final budget approvals. Those items as listed in the agenda packet amended that day to include B, D, and E were:
5:00 PM March 26, 2024 – WC Board of Supervisors Work Session
- Discussion – Child Services Act (CSA) Budget (1:10 video mark, CSA Coordinator Jessica Amankrah)
- Discussion – Repeal of Erosion and Sediment Control Regulations (20:33 video, Building Official David Beahm)
- Discussion – EDA Owned Property at 158 Faith Way (introduced by chair at 49:48, with Mr. Santmeyers beginning other board member comments at 52:00)
- Discussion – EDA Budget (55:21, County Director of Economic Development Joe Petty)
- Discussion – Updated Board of Supervisors 2024 Priorities (1:08:41, Deputy County Administrator Jane Meadows)
- Discussion – FY 2024-2025 County Budget (1:10:02, County Administrator Ed Daley; discussion of consensus on advertising a tax rate for public hearing begins at 1:46:52)
- Adjournment – The work session convened at 5 p.m. adjourned at 6:55 p.m.
EDA in Focus
County EDA Non-Suits Civil Litigations Against Town of Front Royal Among Other Post-Closed Session Actions
The Front Royal-Warren County EDA (EDA) held its monthly meeting on Friday, March 22, 2024, at 8 a.m. Six board members and legal counsel were present, and Rob MacDougall and Bruce Townshend participated remotely.
The regular meeting began with Committee and Board Reports. The Asset Committee provided an update that settlement on Stephens Industrial Park-Lot 6 is underway. The County Director of Economic Development, Joe Petty, reported on the ongoing County Fiscal Year-2025 budget meetings, recent appointments with small business loan applicants, and an increase in business prospect inquiries for Front Royal and Warren County. As part of “New Business,” the Board approved a motion to authorize the current Chair, Jd Walter, as the registered name on the EDA’s PO Box.
The Board concluded the meeting with a closed session to discuss the potential disposition of real property to business prospects and legal consultation on active litigation. Following the closed session, the Board approved a confidential settlement agreement; a resolution to take a voluntary non-suit as to each of the lawsuits filed by the EDA against the Town of Front Royal; a motion to accept $350,000 from Jennifer McDonald and Samuel North to convey title to 158 Faith Way; and a motion to engage with Timberlake-Smith to serve an EDA’s general counsel beginning May 1, 2024.
Elaboration on these actions will be posted when and if any further information becomes available.
The next monthly Board meeting will be held on Friday, April 26, 2024, at 8 a.m., at the Warren County Government Center.
(From a release by the FR-WC EDA and Warren County Director of Economic Development)
EDA in Focus
FREDA Board Continues to Fine Tune its Economic Development Processes as Operational Status Approaches
At a work session on its newly implemented every two week meeting schedule the Front Royal Economic Development Authority (FREDA), now also doing business as the Town of Front Royal’s Business Development Board (BDB), gathered with Town Manager Joe Waltz and Director of Community Development and Tourism “Lizi” Lewis and other staff to review evolving processes as it edges toward fully operational status. As reported of its meeting of March 4: “The FREDA board and staff continue to fine tune a path forward as they and the town’s elected officials move closer to having assets in place to allow it to actively pursue its recently finalized mission and vision statements.”
And with the Front Royal Town Council having also recently approved a Memorandum of Understanding (MOU) regarding funding of FREDA/BDB that Mission: “To provide leadership necessary for Front Royal to optimize economic opportunity and community improvement” and Vision: “To sustain and grow a healthy economy that provides opportunity and protects the characteristics that make Front Royal a unique community” appear to be on a rapidly approaching horizon.
And so at 12:30 p.m. Monday afternoon, March 18, the Town of Front Royal Business Development Board, down one member Aiden Miller, with above mentioned staff and Administrative Assistant Hillary Wilfong and IT Director Charles Hutchings rounding out the work session’s meeting roster, faced a five-pronged “Goal Setting Discussion”. The five sub-categories being A: Infrastructure (Downtown Parking and Traffic Studies), B: Existing Business (Survey Questions), C: New Business (Identify Target Sectors), D: Workforce Development (planned Site Tours of Blue Ridge Tech Center and Laurel Ridge Community College), and E: Asset Development (Inventory of Assets).
The importance of keeping infrastructure regarding traffic flow, ease of access to business locations, and parking needs updated to changing circumstances was cited. Potential fixes on Route 55 East into town from Linden, particularly from Leach Run Parkway to its intersection with Commerce Avenue drew the board’s attention before moving into subsection “B” Existing Business and a survey Lewis had drafted based on previous board discussion.
“This is a start, this is a working, living draft,” Lewis told the board of a page-and-a-half “Draft Business Survey” handed out for review by the board. And this Existing Business survey drew the board’s attention for about 20 minutes of the nearly hour-long discussion that saw the work session adjourn at 1:29 p.m.
Not intimidating busy business owners with too lengthy of a questionnaire requiring a great deal of detail was debated. A solution seemed to be suggested by offering briefly answerable questions with additional space for “Comments” in specific areas for those who might want to offer that additional detail, without requiring such detail from all responders. Lewis acknowledged trying to achieve a balance between a “quantitative” response from a broader range of existing business owners, with a “qualitative” response from those willing to provide additional detail on certain topics.
Among those topics were employee recruitment and the local employee pool; infrastructure improvements to what is currently available that might help their existing business to operate more efficiently; “Community Engagement” as in participating in special business friendly events, sponsorship of youth sports, and Chamber of Commerce membership; and even how local business owners spent their downtime. Were options available locally that kept them here for their downtime, or did they prefer to leave the area to relax. And if so, what kind of new business additions might alter that tendency to leave the area for relaxation.
A suggestion was made to hand out the finalized Existing Business Survey at local Rotary meetings as a means to seek that qualitative/quantitative answer balance.
As for “Asset Development” securing a comprehensive inventory of available existing commercial spaces within the town limits was broached. Related to the “Existing Business Survey” finding out if those businesses owned the properties they are in, or rent their physical space, was suggested as a link between those sub-sections.
Towards the meeting’s end plans for visits to two area “Workforce Development” instructional institutions were discussed, the Warren County Public Schools-connected 9th thru 12th grade Blue Ridge Technical Center in Front Royal; and Middletown’s Laurel Ridge Community College. With the community college visitation options being tighter it was tackled first. A visit the morning of Thursday, April 18, from 9 to 11 a.m. was chosen as the most accessible for the most board members and staff. A tentative date of Monday, April 15, in the afternoon was selected without a definitive time frame pending verification with the Blue Ridge Tech Center staff on their availability that day.
The next regular FREDA/BDB meeting was scheduled for noon on Monday, April 1.