Connect with us

EDA in Focus

EDA civil complaint details allegations surrounding key projects

Published

on

While attorneys for defendants in the EDA civil litigation have focused on what they contend are vagaries in details of the cited misdirection of EDA assets, the complaint itself lists some detail, including specified amounts of money moved on a variety of projects contended to be conduits for the alleged embezzlement or misuse of EDA or EDA-enabled resources.

As previously reported by Royal Examiner, the projects or methods identified as those conduits for misdirection of EDA assets in the civil complaint are: the ITFederal Loan; Subsequent Payments to ITFederal; Workforce Housing – Royal Lane Property Embezzlements; Afton Inn Project Embezzlements; Criminal Justice Training Academy aka Skyline Regional Justice Training Academy; Unlawful Payments Concerning Earth Right Energy LLC; and Unlawful Payment of Town and Warren County Funds for Defendant McDonald Owned/Controlled Real Estate”.

Due to the voluminous material cited in the 199-paragraph, 32-page EDA civil complaint concerning the above-cited EDA projects, loans, private business and contractual arrangements, we will begin Royal Examiner’s more detailed exploration of the EDA lawsuit and initial defense responses by narrowing on specific portions of the complaint. Note that Royal Examiner is not asserting the truth of either the allegations in the complaint or defense responses to those allegations – merely reporting their existence and some detail.

Of particular focus regarding alleged false information being used to prop up the movement of the largest amount of misdirected EDA assets, a $10-million bank loan little of which appears to have been spent here nearly four years on is ITFederal’s recruitment as the first commercial redevelopment client at the former Avtex Superfund site. Six pages of the complaint are devoted to the ITFederal loan process.


The lone ITFederal construction nearing completion on May 2, 2019, as a one-story, 10,000 s.f. building – Royal Examiner File Photos/Roger Bianchini

Of the securing of a $10-million dollar loan to ITFederal the complaint states in paragraph 89, “Tran and Defendant McDonald represented, through McDonald, to the Town, the County and the Warren EDA multiple times that (a) Tran was a high-net worth individual, (b) he did not need any financial assistance from the Town, the County and the Warren EDA to make the ITFederal Project financially viable, (c) ITFederal/VDN Systems had procured a $140 million contract with the Nuclear Regulatory Commission to provide information technology services on a long-term basis and (d) Tran had the endorsement and support of U.S. Congressional Representative Robert Goodlatte …”

Continuing in paragraph 99, “On information and belief, despite any nominal award of any federal contracts to ITFederal and/or VDN, the actual work and payments under any such federal contracts … appear to be not more than $5,000 over the last five years.”

Paragraph 100 of the complaint states, “The websites for ITFederal, VDN and ACRC (three Tran companies) all appear to be bogus websites with little or no substantive information or recent activity in connection with purported businesses. In some cases it appears they have not been updated since 2012. Based on information and belief, these websites were created to convey a false impression that ITFederal, VDN and ACRC were active businesses with a substantive source of income with the intent of fraudulently inducing the Warren EDA to make the ITFederal loan.”

As previously reported here, in motions filings McDonald attorney Lee Berlik has contested the assumption that McDonald was consciously lying in regard to many of the allegations against her, rather than simply repeating lies she was being told; or in other instances following through on methods of moving EDA assets approved by the EDA board to facilitate projects it later regretted becoming involved in.

Jennifer McDonald, grey sweater, with five of seven EDA board members, circa 2015-16. Pictured from left facing the camera are Ron Llewellyn, Vice-Chairman Greg Drescher, McDonald and Chairman Patty Wines; back to camera from left are Bill Sealock and Billy Biggs.

“The Warren EDA, Plaintiff in this action, is engaged in an attempt to smear Ms. McDonald by blaming her for every bad decision made by the Warren EDA board over the last several years and turning business deals the Warren EDA now regrets into implausible conspiracies,” Berlik wrote on the first page of a defense motions filing on April 16, adding emphasis in context, “Plaintiff suggests every statement by every counterparty it now regrets crediting was a false statement by Ms. McDonald … instead of a false statement to Ms. McDonald.”

Beginning with her presentation of Tran and ITFederal to the EDA board and town government in 2014, the complaint alleges a lengthy effort by McDonald to mitigate Tran and his company’s costs and liability while at the same time working toward securing of a $10-million loan the complaint asserts she repeatedly told local officials Tran did not really need to accomplish his project.

Rather, the Town’s initial assistance in the way of a $10-million dollar “bridge loan” to facilitate a $10-million bank loan then EDA Attorney Blair Mitchell noted Congressman Goodlatte had requested in a 2015 email correspondence with McDonald, was presented as a means of promoting long-sought commercial redevelopment at the site. It is perhaps also noteworthy that the EDA put up the 117-acre balance of the Royal Phoenix Business Park property as collateral for the $10-million dollar ITFederal loan from First Bank & Trust.

As work progresses on his building in background, ITFederal CEO Truc ‘Curt’ Tran on site at the EDA office complex on Dec. 20, perhaps ironically the day Jennifer McDonald resigned as EDA executive director.

“Tran and Defendant McDonald stated that Tran did not need the financial support of the Town and the Warren EDA, but that such assistance was requested by Rep. Goodlatte,” graph 90 of the complaint states; further noting the request that 30 acres of the 147-acre Royal Phoenix Business Park be donated to Tran and his company “free of charge” – well he did end up paying a dollar for the parcel valued at $2 million in open EDA meeting discussion – and to secure the loan to facilitate construction “of all or a part of the ITFederal Project.”

Then U.S. Congressman Goodlatte, R-6th, participated in the October 2015 ITFederal ribbon cutting, taking credit for the company’s arrival here and promoting a promised $40-million ITFederal investment in the community that would create 600-plus high-paying, largely tech industry jobs.

The EDA complaint filed by the Sands-Anderson law firm of Richmond also addresses Tran’s alleged ties and access to resources from the federal EB-5 Visa Program created to trade U.S. citizenship in exchange for significant private investment – cited at $1 million dollars – in the U.S. economy.

“Tran and Defendant McDonald represented, through McDonald, on multiple occasions to the County, the Town and the Warren EDA that ACRC had obtained or was in the process of obtaining EB-5 financing to finance the ITFederal Project,” the complaint asserts.

“The new venture must create and sustain at least ten full-time employees for at least two years in order for the investor seeking citizenship to convert his or her green card into full citizenship … ACRC (American Commonwealth Regional Center) is another entity established and controlled by Tran … ACRC represents it is an approved EB-5 regional center … However, based on a search on the USCIS website on February 12, 2019, ACRC does not appear to be an approved regional center for EB-5 financing.

“There is no evidence that ACRC has ever successfully obtained or used EB-5 financing in connection with the ITFederal Project or for any other purpose,” the complaint states.

The complaint also notes that in 2017 Tran requested a modification of his Borrowers Note and Deed of Trust that would have forced the initially-discussed purchase price of about $2 million to kick in if certain developmental conditions were not met by specific dates. That extension to September 2020 significantly reduced the required scope of the project from its initial three-building complex housing all those high-dollar jobs Goodlatte had trumpeted in a press release.

Above, architectural drawing of proposed two-story, approximate 26,000 s.f. ITFederal building, one floor of which was eventually built; below, drawing of two other proposed ITFederal structures, including cloud building and office/training center earmarked for the western portion of the 30-acre parcel. Courtesy Graphics FR-WC EDA

“On information and belief, little to no proceeds of the ITFederal Loan has been applied to the ITFederal Project … Tran and Defendant McDonald have converted all or a portion of the proceeds of the ITFederal Loan to their own personal benefit,” that section of the complaint concludes.

But there’s more – under “Subsequent Payments to ITFederal” an additional four pages of the EDA complaint allege an additional $1.82 million dollars of “Unauthorized ITFederal Payments”. Those payments include $1,432,771.32 in reimbursements to ITFederal for work done at the site and over $392,000 in vendor payments.

Above, piles of fill dirt brought to site sit in proximity of where second and third ITFederal buildings pictured above are scheduled for construction; below, Dec. 20 photo of first phase of the Town-constructed West Main connector road (aka western bypass) through ITFederal property that would eventually connect Kendrick Lane and the West Main/Criser Road intersection near the skatepark/soccer complex – if it’s ever finished.

McDonald attorney Berlik also contends that the complaint fails to meet a legal obligation “to connect any alleged facts to specific claims” against defendants, limiting their ability to construct a viable defense against those claims against them.

But regarding those “Unauthorized ITFederal Payments” the complaint offers some specificity. It disputes McDonald’s initial explanation to her board that those payments were draws on the ITFederal Loan. “The proceeds of the $10 million loan made to ITFederal was issued in full at the time of closing in 2015; there is no evidence that the Warren EDA retained those funds or had any ability to approve invoices or otherwise control or direct those funds.”

The complaint then disputes representations attributed to McDonald that those payments would be reimbursed to the Warren EDA by a grant from the Virginia Economic Development Partnership (VEDP). “It is clear from the VEDP documentation that Tran and Defendant McDonald met with the VEDP relating to ITFederal in the 2014/2015 timeframe, but that Defendant McDonald was unable to provide the information VEDP was requesting to award a grant related to the ITFederal Project …Defendant McDonald deliberately took Warren EDA funds and gave them to Tran/ITFederal with no reasonable expectation that such funds would be repaid or otherwise funded from another source,” the EDA litigation states.

The complaint concludes with an assertion that McDonald personally benefitted from those payments “as part of a scheme with Tran to fraudulently obtain Town and County funds for their own benefit.”

Well laid out, fraudulent schemes or implausible conspiracies?

That will be at issue for attorneys on both sides when and if the civil litigation proceeds into the courtroom for the requested jury trial. As previously reported, several defendants have moved for either dismissal of charges or delays in the civil process until the special grand jury investigating potential criminality related to the EDA civil suit is completed.

Next up, Workforce Housing – not as much money, a total loss to the EDA cited at $651,700, but perhaps an even more convoluted trail to that loss on a project initially presented in 2014 as a free land “gift” to the EDA. That cited financial loss appears to have been cemented by the EDA’s November 28, 2018 sale of the involved 3.5-acre Royal Lane parcel for $10. It is a sale accomplished over two months into the ongoing Cherry Bekaert forensic audit of EDA finances that resulted in the current civil litigation to recover lost assets.

Now why, you may wonder, would they do that?!?

Dead End – Did the ‘Warren EDA’ acquiesce to a $651,700 loss on the controversial Workforce Housing property at the dead end of Royal Lane by way of a Nov. 28, 2018, $10 sale? And if so, who’s to blame?

Share the News:

Crime/Court

Update: April Petty awaits Judge’s decision on motion to dismiss EDA civil case seeking return of $125,000 received from Jennifer McDonald during 2016 home sale process

Published

on

(Author’s note: As of Saturday morning, May 28, at 11:15 a.m. this story has been updated with additional detail on the $125,000 check transferred from an EDA account by Jennifer McDonald to Ocwen Loan Servicing LLC during April Petty’s 2016 home sale process.)

Judge Bruce D. Albertson took dueling arguments on a defense motion to issue a summary judgment dismissing all civil claims regarding the FR-WC EDA’s action against defendant April Petty under advisement Tuesday afternoon, May 24. Cullen Seltzer represented the plaintiff EDA, now trading as the Warren County EDA in the wake of the Town of Front Royal pulling out of involvement as it litigates against the half-century-old joint Town-County EDA over disputed losses tied to the FR-WC EDA financial scandal. Petty was represented by defense counsel William Shmidheiser III.

Petty’s case, among a number of others alleged as beneficiaries and co-conspirators of former EDA Executive Director Jennifer McDonald are scheduled for civil court trials beginning in early July. Following taking the Petty motion under advisement the court dealt with jury selection issues with attorneys for a number of civil case defendants patched in by phone. Those included counsel for Truc “Curt” Tran and ITFederal, Donnie Poe and Earthlink Energy, Ms. Hassenplug, and Samuel North. With input from Circuit Court Clerk Angie Moore, it was decided a rather complex process involving a fairly large jury pool with begin Wednesday and Thursday June 29th and 30th.

The Petty dismissal motion filing dated April 21 targets all five aspects of the EDA’s civil case against Petty, scheduled for jury trial on July 5 and 6. All the civil liability aspects of the plaintiff EDA’s case against Petty revolve around receipt of a $125,000 EDA check from Jennifer McDonald that was applied to payment on a mortgage loan at Ocwen Loan Servicing on Petty’s home, during Petty’s 2016 effort to sell that home. That money is cited as part of the estimated $21 million in EDA assets that McDonald is alleged to have misdirected to unauthorized personal use and benefit of herself and others.


The five aspects of the plaintiff’s case against Petty are “Unjust Enrichment”, the receipt of benefit by one party from another without a reciprocal benefit to the other party (in this case the EDA); “Conversion” (unauthorized possession); application of the “ultra vires” standard of acting beyond one’s legal authority; “Conspiracy” in knowingly acting in concert with Jennifer McDonald in the receipt of misdirected EDA assets; and “Fraud” related to the “Conspiracy” allegation that Petty knew that $125,000 McDonald applied to her mortgage loan was money the EDA asserts was stolen.

Plaintiff EDA and civil case defendant April Petty are awaiting the court’s ruling on her motion for dismissal of case against her. Royal Examiner File Photos by Roger Bianchini

Petty’s attorney pointed out that when an earlier grand jury was handing out blanket criminal indictments against alleged McDonald co-conspirators including two full EDA oversight boards, April Petty was not one of those indicted by the grand jury. Pointing to what he believes is a lack of evidence against his client having any knowledge of the alleged embezzlement conspiracy, Shmidheiser asserted to the court that “all the charges” related to the plaintiff’s “conspiracy theory” involving her should be dismissed. Essentially that is the final four of the five above EDA claims against Petty.

“All they had, have today is the check,” Shmidheiser told the court of the $125,000 check drawn on an EDA account appearing to be co-signed by McDonald and then EDA Board of Directors Chair Patricia Wines made to Ocwen (misspelled as Owen) Loan Servicing LLC that was applied to Petty’s home sale price.

At this point Judge Albertson asked defense counsel if McDonald had, in fact, transferred that money to April Petty. “Yes, but April Petty did not know that it was embezzled money,” her attorney said walking a legal tight rope between knowledge and consequence.

“You’re asking me to skip over the trial part of this case,” Judge Albertson told Shmidheiser. “Yes, I am,” defense counsel replied moving toward his argument against the “Unjust Enrichment” aspect of the case against Petty.

Noting his client’s belief McDonald was acting in her role as a real estate agent with Century 21 Real Estate in helping Petty accomplish the sale of her home, Shmidheiser asserted that his client was not by legal definition “unjustly enriched”. He elaborated that in exchange for the $125,000 check Petty believed was fronted to her mortgage loan to help facilitate her home sale, “plus another $210,000 Petty received at Closing on her home, she Deeded her house, which was listed for $330,000, to purchasers Mr. and Mrs. Leary,” Shmidheiser explained.

“She didn’t get money for nothing, she got money for her house,” the defense attorney later elaborated to this reporter on his courtroom arguments. During those arguments in support of his motion for a dismissal of the civil case against his client, Shmidheiser revealed how he prioritized his case for dismissal. And it appeared he felt the optimum legal path forward if a trial was required would be in dispelling the notion that April Petty was a conscious co-conspirator of Jennifer McDonald’s in her alleged embezzlement schemes.

“We’ll live with all but ‘Unjust Enrichment’,” Shmidheiser told the court of the prospect of a two-day trial in early July. “I’m confident we will win at trial,” Shmidheiser added of having to present the defense case to a jury on the conspiracy aspect of the EDA’s civil claims against his client.

Defense counsel also cited an established three-year statute of limitation standard he said the plaintiff had not met in charging his client for liability for funds she received in March 2016. The case of Belcher vs. Kirkwood was cited by Shmidheiser in support of the three-year statute of limitations having expired by the time his client was charged civilly. To not apply the three-year Statute of Limitations precedent would be tantamount to the court altering existing state legal precedent, which the defense attorney theorized would lead to a higher court reversal of denial of his motion for dismissal on the Unjust Enrichment aspect.

Counterpoint

In countering Shmidheiser’s arguments, EDA attorney Cullen Seltzer disputed defense assertions surrounding the applicability of the Belcher vs. Kirkwood case in an alleged financial fraud not discovered at the time it was occurring in 2016 when Ms. Petty is believed by the plaintiff to have been involved. He also argued that the defense points being made in support of a motion for dismissal were more appropriate for a jury to hear for a finding of guilt or innocence.

For dismissal to be granted the defense must show that “no facts are in dispute” Seltzer told the court. And from the plaintiff’s perspective that is not the case. Seltzer noted that Petty admits the $125,000 check went to pay on her mortgage loan during her sale process.

“She was very anxious to sell,” Seltzer told the court of Petty’s motivation to accept money he said she had expressed “suspicion” about when offered. Of his client’s initial “suspicions” about the money offered from an EDA account referenced by the EDA attorney during arguments, Shmidheiser noted that Petty had been assured by, not only McDonald, but others that it was “business as usual” on the economic development/real estate transaction front.

Of Petty’s close friend Robin Richardson, who was said to have brought McDonald to Petty during her attempt to sell her house, plaintiff counsel told the court of a second transfer of funds. Seltzer asserted that when Petty put “almost $42,000 in her pocket from her home sale, she had given Ms. Richardson $10,000. Is there evidence that was money previously owed by Petty to Richardson or was it comparable to a “finder’s fee” for bringing McDonald into the picture to help facilitate the home sale with the $125,000 loan payment on Petty’s behalf, Seltzer asked the court.

And now both plaintiff and defendant are awaiting the court’s ruling on all aspects of the defense motion for summary judgment on dismissal of the case against April Petty.

The EDA office on Kendrick Lane was ground zero as the alleged financial scandal unfolded between 2014 and 2018.

Share the News:

Continue Reading

EDA in Focus

WC EDA explores property sales, LFCC intern program, and meeting notification updates

Published

on

The Board of Directors of the Front Royal and Warren County Economic Development Authority held the monthly board meeting on April 22, 2022, in person at the Warren County Government Center. The Board held the open session first. Items on the open agenda were change in time for the monthly Board of Directors’ meeting, review of the EDA properties, update of list for individual notice for EDA meetings, and an intern program.

The Board reviewed the EDA properties and possible avenues for disposition of the parcels. Jeff Browne stated LFCC interns would be available in May for possible EDA projects. The interns would be working for credit. Jeff asked board members to get back to him by April 29th at the latest with any ideas. Potential projects include review and organization of past strategic plans for the EDA and community and making them available to all at the library.

Jorie Martin, secretary, stated all monthly meeting dates and special meetings of the EDA are posted on the website currently with the agenda. Jorie informed the board currently notice is sent to 32 individuals who requested to be individually notified of all meetings via email. The notification list has not been updated for over 18 months. Jorie Martin requested the board authorize her to notify current individuals on the list that all meetings are posted on the web and to verify they wish to continue with individual notice. The board agreed notice could be sent to persons currently on the list confirming their desire to continue to receive individual notice. In addition, anyone currently not on the list but would like to receive individual notice via email of all EDA meetings please send an email to mmartin@wceda.com.

Jeff Browne requested the EDA meetings return to 8 a.m. on the fourth Friday and the meeting location return to the EDA building. The board unanimously supported the changes. The changes will be posted on the website.


The Board went into closed session and no motions were made a result of closed session.

The next meeting is May 27th at 8 a.m. Please note time change. All meetings are posted on the website.

(A WC EDA Press Release)

Share the News:

Continue Reading

EDA in Focus

WC EDA takes no action out of Special Meeting Closed Session 

Published

on

The Front Royal-Warren County Economic Development Authority (EDA or WC EDA), now working without Town of Front Royal involvement in the midst of Town-initiated civil litigations regarding relative liabilities and losses from the 2014-18 EDA financial scandal, held a Special Meeting at 9 AM Friday morning, April 8, to convene a Closed or Executive Session to discuss five matters. Two of those were the now dueling civil litigations between the WC EDA and Town of Front Royal. The other three related to possible real estate transactions.

The agenda listed the real estate discussions as involving “Avtex Redevelopment”; the “426 Baugh Drive” property; and the “Happy Creek Industrial Park” and “legal advice” related to those three matters.

EDA Board Chairman Jeff Browne confirmed there were no announcements or actions taken out of the closed session. The now County overseen EDA met at the Warren County Government Center.

Share the News:
Front Royal Virginia

Continue Reading

EDA in Focus

Watch: Royal Examiner video of WC EDA monthly meeting of February 2022

Published

on

Watch the exclusive Royal Examiner video of the Friday morning, Feb. 25, Warren County Economic Development Authority (WC EDA) meeting at the Warren County Government Center.

Open session action items included approval of the C-CAP lease arrangement. Discussions included updating of the EDA Strategic Plan, the EDA’s FY2022-23 budget, and pursuing joint work with the new Town of Front Royal EDA (FREDA) on a vision for 147 acres of developable land with restrictive covenants on the former federal Superfund site at the Avtex property inside the town limits, but under control of the WC EDA.

Share the News:

Continue Reading

EDA in Focus

Two adults in the room: Following Thursday meetings County and Town EDA boards move toward coordinated efforts

Published

on

Communications, cooperation, and joint efforts toward community economic development were a crucial theme at a Special Meeting of the WC Economic Development Authority Executive Committee, Thursday morning, February 17. It was also the EDA board’s first official meeting with the new County Director of Economic Development Joe Petty. Still also County Planning Director, at least till a successor is found, Petty clarified his position as a county departmental Director of Economic Development tasked with working with the EDA Board of Directors, as the half-century-old jointly created Front Royal-Warren County EDA remains a legally independent quasi-governmental organization. In fact, the potential of a name change for what is still legally known as the Front Royal-Warren County Economic Development, or Industrial Development, Authority was broached to avoid future confusion among potential clients due to the town council’s creation of a unilateral Front Royal Economic Development Authority.

New County Director of Economic Development Joe Petty, far left, joins the WC EDA Executive Committee, from Petty’s left around the table, Jim Wolfe, Greg Harold, Jeff Browne, and Jorie Martin. Royal Examiner Photos by Roger Bianchini

Other major topics were the FY 2022/23 EDA budget preparation process and updates to the EDA Strategic Plan. On the latter front, interaction with the newly created independent Town of Front Royal Economic Development Authority (FREDA) was a major topic of conversation. In fact, on the Strategic Plan update front spearheaded by Jim Wolfe, communication with FREDA was suggested to see that both EDA entities were in step, presenting a coordinated Economic Development strategy for the community on both sides of the town-county line.

Communications and coordination was a theme picked up at the FREDA Board of Directors’ second meeting several hours later, at noon in the Front Royal Town Hall. In fact, in the wake of the 9:50 a.m. adjournment of the open portion of the WC EDA Executive Committee meeting, Petty was sent as a liaison to the town EDA meeting just over two hours later by the WC EDA board to initiate that mutually beneficial line of communication. Chairman Browne noted that Town Manager/EDA Director Hicks had issued an invitation to Petty the previous day.


Joe Petty introduces himself to the FREDA Board of Directors near the outset of that noon meeting.

The bulk of the FREDA Board of Directors meeting was largely organizational as its members become familiarized with the role they are expected to play in conjunction with other Town departments, including Planning & Zoning as that department spearheads the first rewrite of the Town Comprehensive Plan this century. In fact, Town Manager Steven Hicks, chairing the FREDA meeting in his additional role as FREDA’s Executive Director, observed the last Town Comp Plan rewrite occurred in 1998. State law mandates that municipalities review their Comp Plans every five years to see if updates are advisable due to changing goals or circumstances.

As bylaws, responsibilities, and creation of various board officer positions were on the table, dates for a planned organizational retreat and its next board meeting were set for next month. The retreat will begin at 8 a.m. on Wednesday, March 16, with its regular monthly meeting the following day, Thursday, March 17.

The FREDA Board of Directors is getting its bearings, and familiarizing each other with their individual strengths and perspectives being brought to the table. They are also being familiarized with the Town’s work on a rewrite of its Comprehensive Plan, being explained by Planning Director Lauren Kopishke, below.

The one-two punch of a third board meeting directly following a full day of briefings on a variety of topics from future Town land use and development goals to State EDA support and grant availabilities, was cited as conducive to positive movement at the coming regular monthly meeting.

The WC EDA Executive Committee is comprised of Chairman Jeff Browne, Greg Harold, Jim Wolfe, and Jorie Martin, patched in by phone at the meeting’s outset while on the road with her husband. Martin arrived near the open meeting’s conclusion, and was on hand for the closed session to discuss the disposition of several identified properties including Baugh Drive and an Avtex parcel, and perhaps ironically considering all the positive communications discussion of the day, the dueling WC EDA-Town of Front Royal civil litigations.

After initial plans not to, the Town did videotape/stream Thursday’s FREDA meeting. And while the county EDA did not have videotaping capabilities at its Kendrick Lane office in the old Avtex Admin building, Royal Examiner cameraman Mark Williams was on hand to record that meeting’s open session.

 

 

 

Share the News:

Continue Reading

EDA in Focus

WC EDA moves forward with bank refinancing, welcomes Joe Petty to directorship

Published

on

The Board of Directors of the Front Royal and Warren County Economic Development Authority held a special meeting on February 4th, 2022, via Zoom. The meeting was authorized under Governor Northam’s executive mandate for the health emergency.

The Board adopted a resolution reapproving an agreement that:

  • consolidates the First Bank of Strasburg loan into the existing First Bank and Trust loan and restructures the FB&T loan, and,
  • extends the term and reduces the rate on the IT Federal loan while leaving the Town of Front Royal support arrangement unchanged.

The Warren County Board of Supervisors approved the agreement at the February 1st Board of Supervisors meeting.

In other business, James Wolfe, Treasurer updated the board on the final transfer of fiscal responsibility to Warren County. Mr. Wolfe updated the Board on the budget process for 2022/23. The draft budget will be approved by the EDA board and presented in April to the Board of Supervisors for review and approval.


Board members welcomed Joe Petty as the new Front Royal Warren County Economic Development Executive Director. Mr. Petty will continue his duties as the Interim Planning Director until his replacement is hired. Mr. Petty is a life-long resident of Warren County and brings many skills to the position.

Here is the resolution adopted.

RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF FRONT ROYAL AND THE COUNTY OF WARREN, VIRGINIA RELATING TO THE FIRST BANK AND TRUST COMPANY LOAN REFINANCING

WHEREAS, the Industrial Development Authority of the Town of Front Royal and the County of Warren, Virginia (the “Authority”) has previously accepted a Term Sheet dated August 19, 2021, (the “Term Sheet”) from First Bank and Trust Company (the “Lender”) with respect to proposed modifications to three existing Lender loans to the Authority as described therein (collectively, the “Loan Refinancing”);

WHEREAS, the Authority approved the Term Sheet originally at its August 27, 2021 meeting, and subsequently reapproved the same at its September 24, 2021 meeting and desires to reaffirm and approve the Term Sheet at this meeting;

WHEREAS, there have been modifications made to the documents relating to the Loan Refinancing since such prior approvals, copies of which have been presented to the Authority in substantially final form, including but not limited to the Loan Agreement, the Support Agreement and the Deed of Trust (collectively, along with related closing documents and certificates, the “Refinancing Documents”);

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF FRONT ROYAL AND THE COUNTY OF WARREN, VIRGINIA AS FOLLOWS:

1. It is hereby determined to be in the best interests of the Authority to proceed to consummate and settle the Loan Refinancing upon substantially the terms and conditions described in the Term Sheet and as reflected in the Refinancing Documents.

2. The Chairman or Vice-Chairman of the Authority (hereinafter the “Chairman”), either of whom may act, and the Secretary are hereby authorized and directed to execute and deliver such documents and take such actions as may be necessary or appropriate in order to consummate and settle the Loan Refinancing upon substantially the terms and conditions described in the Term Sheet, and as reflected in the Refinancing Documents.

3. The Secretary or any Assistant Secretary of the Authority, either of whom may act, is hereby authorized and directed to affix the seal of the Authority to such Refinancing Documents as may require a corporate seal and to attest to such seal.

4. All Refinancing Documents shall be prepared or reviewed and approved by the Authority’s outside counsel, and shall include such completions, insertions or changes not inconsistent with this Resolution as may be approved by the Chairman and Secretary of the Authority, in their sole discretion, in consultation which such counsel. The execution and delivery of the Refinancing Documents by the Chairman and Secretary of the Authority shall constitute conclusive evidence of their approval of such completions, insertions or changes.

5. The Chairman or Vice-Chairman and Secretary are authorized to sign an extension or extensions of the loan until the refinancing is completed.

6. This Resolution shall take effect immediately.

 

Warren County appoints Planning Director Joe Petty to direct its EDA from in house

 

Share the News:

Continue Reading

 

Thank You to our Local Business Participants:

@AHIER

Aders Insurance Agency, Inc (State Farm)

Aire Serv Heating and Air Conditioning

Apple Dumpling Learning Center

Apple House

Auto Care Clinic

Beaver Tree Services

Blake and Co. Hair Spa

Blue Ridge Arts Council

Blue Ridge Education

BNI Shenandoah Valley

C&C's Ice Cream Shop

Christine Binnix - McEnearney Associates

Code Ninjas Front Royal

Cool Techs Heating and Air

Down Home Comfort Bakery

Downtown Market

Dusty's Country Store

Edward Jones-Bret Hrbek

Explore Art & Clay

Family Preservation Services

First Baptist Church

Front Royal Women's Resource Center

Front Royal-Warren County Chamber of Commerce

G&M Auto Sales Inc

Garcia & Gavino Family Bakery

Gourmet Delights Gifts & Framing

Green to Ground Electrical

Groups Recover Together

House of Hope

I Want Candy

I'm Just Me Movement

Jen Avery, REALTOR & Jenspiration, LLC

Key Move Properties, LLC

KW Solutions

Legal Services Plans of Northern Shenendoah

Main Street Travel

Makeover Marketing Systems

Marlow Automotive Group

Mary Carnahan Graphic Design

Merchants on Main Street

Mountain Trails

National Media Services

No Doubt Accounting

Northwestern Community Services Board

Ole Timers Antiques

Penny Lane Hair Co.

Philip Vaught Real Estate Management

Phoenix Project

Reaching Out Now

Rotary Club of Warren County

Royal Blends Nutrition

Royal Cinemas

Royal Examiner

Royal Family Bowling Center

Royal Oak Bookshop

Royal Oak Computers

Royal Oak Bookshop

Royal Spice

Ruby Yoga

Salvation Army

Samuels Public Library

SaVida Health

Skyline Insurance

St. Luke Community Clinic

Studio Verde

The Institute for Association & Nonprofit Research

The Studio-A Place for Learning

The Valley Today - The River 95.3

The Vine and Leaf

Valley Chorale

Vetbuilder.com

Warren Charge (Bennett's Chapel, Limeton, Asbury)

Warren Coalition

Warren County Democratic Committee

Warren County Department of Social Services

Warrior Psychotherapy Services, PLLC

WCPS Work-Based Learning

What Matters & Beth Medved Waller, Inc Real Estate

White Picket Fence

Woodward House on Manor Grade

King Cartoons

Front Royal
57°
Clear
5:50am8:30pm EDT
Feels like: 57°F
Wind: 1mph W
Humidity: 88%
Pressure: 29.98"Hg
UV index: 0
MonTueWed
88/61°F
90/63°F
88/63°F

Upcoming Events

May
30
Mon
7:00 pm 2022 Memorial Day Community Band... @ Gazebo
2022 Memorial Day Community Band... @ Gazebo
May 30 @ 7:00 pm – 8:00 pm
2022 Memorial Day Community Band Concert @ Gazebo
2022 Memorial Day Concert by Front Royal Community Band Monday, May 30, 2022, 7pm, at the Gazebo on Main St. (sponsored by American Legion Post #53)
Jun
1
Wed
6:30 pm Front Royal Wednesday Night Bingo @ Front Royal Volunteer Fire Deptartment
Front Royal Wednesday Night Bingo @ Front Royal Volunteer Fire Deptartment
Jun 1 @ 6:30 pm – 9:30 pm
Front Royal Wednesday Night Bingo @ Front Royal Volunteer Fire Deptartment
Bingo to support the American Cancer Society mission, organized by Relay For Life of Front Royal. Every Wednesday evening Early Bird Bingo at 6:30 p.m. Regular Bingo from 7-9:30 p.m. Food and refreshments available More[...]
Jun
4
Sat
10:00 am Backcountry Crash Course: Earth ... @ Sky Meadows State Park
Backcountry Crash Course: Earth ... @ Sky Meadows State Park
Jun 4 @ 10:00 am – Jun 5 @ 11:00 am
Backcountry Crash Course: Earth Connection Series @ Sky Meadows State Park
Meet at the Overnight Parking Lot. Ready to try backcountry camping? Spend 24 hours in nature learning backcountry skills and survival techniques with professional outdoor instructor Tim MacWelch. With Sky Meadows’ Backcountry Campground as the[...]
10:00 am Clean the Bay Day @ Sky Meadows State Park
Clean the Bay Day @ Sky Meadows State Park
Jun 4 @ 10:00 am – 1:00 pm
Clean the Bay Day @ Sky Meadows State Park
Boston Mill Road Trail near the Park Office. Learn how fences and tree plantings improve water quality at Sky Meadows State Park. Stop by our Explorer Outpost table along the Boston Mill Road Trail where[...]
10:00 am National Trails Day @ Sky Meadows State Park
National Trails Day @ Sky Meadows State Park
Jun 4 @ 10:00 am – Jun 5 @ 12:00 pm
National Trails Day @ Sky Meadows State Park
Meet at the intersection of Boston Mill Road Trail and Hadow Trail. Get your hands dirty as we work to improve the hiking experience on Hadow Trail. Join park trailblazers as they work to enhance[...]
11:00 am Gospel Music Festival @ Gazebo
Gospel Music Festival @ Gazebo
Jun 4 @ 11:00 am – 4:00 pm
Gospel Music Festival @ Gazebo
FOOD WILL BE AVAILABLE | FUN ACTIVITIES! | LIVE MUSIC!
12:00 pm Settle’s Kettle @ Sky Meadows State Park
Settle’s Kettle @ Sky Meadows State Park
Jun 4 @ 12:00 pm – 3:00 pm
Settle's Kettle @ Sky Meadows State Park
Log Cabin in the Historic Area. Follow your nose to the Log Cabin to see what tasty treats are cooking on the hearth. Watch as a Sky Meadows volunteer dons historic clothing and cooks delicious[...]
12:00 pm The Farmer’s Forge @ Sky Meadows State Park
The Farmer’s Forge @ Sky Meadows State Park
Jun 4 @ 12:00 pm – 3:00 pm
The Farmer’s Forge @ Sky Meadows State Park
Historic Area. The forge is fired up and the blacksmiths are hard at work in the Historic Area. Members of the Blacksmith Guild of the Potomac have set up shop and are ready to show[...]
Jun
8
Wed
6:30 pm Front Royal Wednesday Night Bingo @ Front Royal Volunteer Fire Deptartment
Front Royal Wednesday Night Bingo @ Front Royal Volunteer Fire Deptartment
Jun 8 @ 6:30 pm – 9:30 pm
Front Royal Wednesday Night Bingo @ Front Royal Volunteer Fire Deptartment
Bingo to support the American Cancer Society mission, organized by Relay For Life of Front Royal. Every Wednesday evening Early Bird Bingo at 6:30 p.m. Regular Bingo from 7-9:30 p.m. Food and refreshments available More[...]
Jun
11
Sat
8:30 am Crooked Run Valley 5/10k @ Sky Meadows State Park
Crooked Run Valley 5/10k @ Sky Meadows State Park
Jun 11 @ 8:30 am – 10:30 am
Crooked Run Valley 5/10k @ Sky Meadows State Park
Explore the Crooked Run Valley and Sky Meadows State Park with Bishop’s Events 5k and 10k races. Get rejuvenated as you traverse through the meadows, pastures and woodlands of Sky Meadows and into the back[...]