Council debates CARES reimbursement for Electric Department purchase as Monday’s Main Event – more EDA-related target shooting – approaches

On Monday, September 28, at its second regular and third total meeting – fourth if you count the September 23 press conference announcing a pending bank deal to assume the debt service on its new, thus-far EDA and County-financed police station – the Front Royal Town Council covered a wide range of business.

Boy Scouts lead council through the Pledge of Allegiance to the American Republic and its government by Constitutional law equally applied to all. Royal Examiner Photos by Roger Bianchini – Royal Examiner Video by Mark Williams

Following a Boy Scout troop’s leading the Pledge of Allegiance, that business included:

• final approval of an ordinance amendment to allow ice cream trucks other than the former mayor’s grandfathered operation to use town streets to “peddle ice cream and other frozen desserts”. And speaking of ice cream trucks and frozen desserts, C&C Frozen Treats proprietor William Huck told council downtown businesses were hoping to proceed with at least a pared back, weekend walking mall Downtown Halloween this year – at least everyone will be masked;
• enactment of a $113,280 budget transfer from the General Fund to the Electric Fund to cover costs of upgrades to a “SCADA” electrical distribution monitoring system purchased in 2009 and now in severe need of updating. The appropriation will switch the provider to what was described as a more reliable company, Survelant, than the one the original system was purchased from over a decade ago. The two companies were described as the only regional provider for towns Front Royal’s size. One dissenting vote was cast on this appropriation by Councilwoman Letasha Thompson.

Thompson cited anticipated reimbursement from CARES (Coronavirus Aid, Relief and Economic Securities) Act funds that she believes may not be a sure thing.

Interim Town Manager Matt Tederick assured council that other jurisdictions, including Warren County, were utilizing the same funding process, which he said would involve LEOS (Law Enforcement Officer Safety Act) funding to qualify for the CARES Act reimbursement of the Electric Department purchase. Council’s five-member Republican Committee majority took those assurances as adequate to approve the budget transfer.

In other business near the meeting’s outset the mayor presented “Stars of the Month/Pride of Performance” employee recognitions to Kayla Thomas and FRPD Officer Andrew Haywood for their professionalism and/or compassion in the conduct of their jobs.

Town staff ‘Pride of Performance’ awards went to Kayla Thomas and Officer Andrew Haywood.

Council also heard a report from Regional Director of the Northern Shenandoah Valley Regional Commission Brandon Davis on the availability of “Go Virginia” economic stimulus funds that require multiple-municipality joint applications.

The meeting flirted with tediousness during a half-hour presentation by contracted Tourism Marketing company Strategic Solutions by Trisha’s team of four representatives, three of whom elaborated on what they cited as climbing numbers of social media viewers and “Likes” from their promotional work on the Town’s behalf.

Three of four ‘Strategic Solutions by Trish’ representatives, from left, Michelle McAfee, Kris Griffith and Trish Hudson (Elena Patrice not pictured), during detailed presentation on their contracted social and multi-media marketing work on tourism promotion replacing the Town’s in-house Tourism Department controversially fired early this year by the interim town manager and council majority.

An eight-item Consent Agenda of routine business was passed without discussion. And at the open meeting’s conclusion, council went into Closed Session to discuss the town manager search, EDA litigations, and a public property disposition issue.

Blame game takes a turn

But then there were the public comments – AND agenda item number 10 where council, with Thompson again dissenting, refocused its sights in the “we’re not going to try EDA-related matters in the court of public opinion” or “point the finger at everyone but ourselves regarding lapses of due diligence that allowed the EDA financial scandal to develop”.

Council prepares to refocus its public criticism on the EDA scandal from the County and EDA to Special Prosecutor Michael Parker for not moving faster on criminal charges inherited from previous prosecutors’ piecemeal approach to eliciting special grand jury indictments as over million pages of evidence was assembled. Well, it has been a year and a half.

The target of this Town “Resolution Seeking Justice for Citizens of Front Royal as a Result of the EDA Scandal” was EDA criminal case Special Prosecutor Michael Parker of the Harrisonburg Commonwealth’s Attorney’s Office.

But before reaching that final public meeting agenda item, nearly an hour and 15 minutes earlier two citizens took council to task, one over that coming Resolution, and the other over the previous week’s EDA shooting gallery press conference targeting the county supervisors and EDA board of directors.

First, Gary Kushner blasted council’s attack mode assertions of the previous week regarding its absence of accountability for its decisions on an unavailable, if verbally promised by Jennifer McDonald 1.5% FRPD project interest rate. Then local defense attorney David Downes called the agenda’s “EDA Justice” resolution a shortsighted, counterproductive, seemingly partisan political effort; an effort he cautioned was more likely to help potential criminal defendants than find justice and restitution for the community.

Above, Gary Kushner questions council assertions about its attitude and legal stance on interest rates, principal payments and willingness to negotiate on payment on the FRPD headquarters debt service. Below, local defense attorney David Downes questions wisdom of coming approval of Resolution critical of EDA criminal Special Prosecutor Michael Parker as he traverses a complex legal landscape including COVID-19 restrictions on jury trials, a million pages of evidentiary documentation and a total of 23 civil case defendants in addition to Jennifer McDonald, as potential criminal case targets.

But here at just under 700 words, let me suggest you go to the Royal Examiner video with the above clues as to where to find the early Kushner, Downes public comments; council’s response with its “Resolution for Justice” remarks, particularly by November election candidates Lori Cockrell and Chris Holloway who brought the Resolution forward, in the final open meeting agenda item; and Jacob Meza’s Council Reports reply to Kushner’s belaboring of the September 23 council press conference comments about 55 minutes into the meeting.