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Grand Jury indicts 14 County and EDA officials for lack of EDA oversight

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County Administrator Doug Stanley manages a smile as he and Tony Carter, blue shirt, leave the RSW Jail Magistrate’s Office on their own recognizance. Attorney walks to Stanley’s right. Royal Examiner Photos/Roger Bianchini

According to the Virginia State Police on Friday, September 20, the Warren County Special Grand Jury investigating potential criminality related to the Front Royal-Warren County Economic Development Authority financial fraud investigation and civil litigation, handed down a total of 42 misdemeanor indictments against a wide range Warren County government and Economic Development officials.

Thirteen of the 14 County and EDA officials presented themselves at the Magistrate’s Office at the Rappahannock-Shenandoah-Warren County Regional Jail (RSW Jail) Tuesday morning, September 24, to be arraigned and then released on their own recognizance. The fourteenth, former County-EDA Attorney Dan Whitten, who just took a job in Prince George County, is scheduled to appear at the Magistrate’s Office on Wednesday.

Royal Examiner encountered six of the 14 between 11:30 am and 1 p.m. leaving or entering the Magistrate’s Office. All of the six, including County Supervisors Dan Murray, Tony Carter, Archie Fox, County Administrator Doug Stanley and former EDA Board members Ron Llewellyn and Bruce Drummond, declined comment.

Tony Carter waits his turn to be processed Tuesday afternoon. Carter appeared to be the last of the 13 people who turned themselves in for processing on misdemeanor charges of public negligence related to the EDA financial fraud investigation.

According to VSP those six, as well as Whitten, Supervisors Tom Sayre and Linda Glavis, current EDA Board members Mark Baker, Tom Patteson, Gray Blanton, and former EDA Board members Greg Drescher and William “Billy” Biggs were all charged on two counts of Misfeasance and one count of Nonfeasance “based on the individuals’ knowledge of and inaction of the EDA’s mismanagement of funds” (I guess we were wrong about only malfeasance being a criminal offense in Virginia).

As Royal Examiner reported two week ago, misfeasance is defined as “failing to act with diligence that is due and appropriate for the situation” or “irresponsibility in performing tasks” by those in public office or employment. It is considered accidental rather than an intentional act, but nonetheless “blameworthy as falling short of fulfilling an official responsibility”.

Nonfeasance is defined as “the omission of an act that should be done” or “the failure to act according to one’s responsibility” of public trust. Interestingly, the definition of nonfeasance includes the description of an intentional act as “when operational procedures of an organization are circumvented for a direct or an implied assurance of personal profit.”

However none of the 14 charged Friday and turning themselves in this week were charged with the most serious “feasance” offense – malfeasance. Malfeasance is defined as intentional conduct that is wrongful or unlawful by public officials or employees.

The VSP release notes that the investigation into past Front Royal-Warren County EDA finances and projects remains ongoing. The Special Grand Jury that began meeting in early April recently requested and received a six-month extension to the end of March 2020.

Next – and Carter enters for processing.

Prior to this flurry of misdemeanor charges against public officials, five people had been indicted on felony financial fraud or embezzlement charges revolving around alleged activities of former EDA Executive Director Jennifer McDonald. VSP notes that McDonald has been served with 28 sealed grand jury felony indictments. Others facing two to five financial felony indictments include McDonald’s husband Samuel North; her former EDA Administrative Assistant Michelle Henry, business associate Donald Poe, and EDA small business loan recipient William Lambert.

VSP has been the arresting law enforcement agency on all EDA Special Grand Jury sealed indictments. The VSP release notes that the charges brought by the EDA grand jury “stem from an investigation the Virginia State Police Bureau of Criminal Investigation’s Culpeper Field Office initiated in August 2018 related to the business practices of the EDA. The investigation was at the request of Front Royal Police Department.”

The State Police deferred to the FBI as the lead agency in the April 16 search of EDA headquarters and Jennifer McDonald’s locked down former office.

There is also a federal grand jury empanelled in Harrisonburg looking into the EDA situation here.

As he left the Magistrate’s Office County Board Chairman Murray appeared to be the most agitated at the circumstance of being charged criminally for neglect of municipal due diligence in oversight of the EDA in recent years. After silently passing the two reporters on the scene as he approached another paper’s photographer, Murray said loudly, “How am I doing? – I’m (FX-pletive deleted)” with an added “Don’t print that” to the scribbling reporters over his shoulder.

County Board Chairman Dan Murray was not a happy camper as he left the RSW grounds, in fact his Irish may have been up a tad.

Former EDA Board member Ron Llewellyn also seemed a bit flustered as he emerged from the Magistrate’s Office into the focus of two media cameras, commenting, “What is this a perk walk?” – a reference to the tradition of law enforcement walking high profile suspects in custody through a media crowd of reporters and photographers.

Ron Llewellyn does his ‘perk walk’ into the lurking press corp


RSW Superintendent Russ Gilkison later explained the absence of those processed on EDA-related misdemeanor charges from the jail website’s Inmate Locator function. He said that people processed on misdemeanors released on their own recognizance as all 13 and eventually 14 of these EDA defendants will be, are not actually booked into the jail, so do not show up as inmates on the website.

While they are fingerprinted for the record, mug shots are not taken since they are never brought into the jail’s housing facility.

“That’s just the way the law is written and it works that way for everybody,” Gilkison told Royal Examiner.

About 20 minutes after Llewellyn’s departure a Warren County Sheriff’s Office deputy arrived looking for ‘Ron’ – ‘Ron Llewellyn?’ the press corps offered. ‘Yes, he was supposed to meet me here, I have some things for him,’ the deputy somewhat coyly offered of what may have been civil services unrelated to the EDA situation.

Perhaps ironically also RSW Jail Authority Board Chairman, Doug Stanley was cordial if non-committal on the day’s developments for municipal and EDA officials.

Archie Fox departs without comment

Best get back to Blue Mountain, it’s safer up there – former EDA Vice Chairman Bruce Drummond departs the RSW parking lot with a wave.

Five of the 14 people charged with misdemeanors related to a lack of due diligent oversight of EDA financial affairs are in this photo of an April 2017 EDA meeting: from left, Ron Llewellyn, Greg Drescher, Jennifer McDonald, Patty Wines, Doug Stanley standing, Billy Biggs, Bruce Drummond and Brendon Arbuckle. McDonald, facing EDA felony charges, Wines deceased, and Arbuckle moved from the area after a brief board tenure were absent from Tuesday’s misdemeanor excitement at the RSW Jail.

It was a busy Tuesday morning at the Magistrate’s wing of the RSW Jail.

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Town announces bank deal on FRPD headquarters debt service payments

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In a Wednesday evening press conference the Front Royal Town Council and the Town’s mayor weighed in from varying perspectives in announcing a Town financing agreement with United Bank to assume the debt service on the principal and an undisclosed, but favorable, interest rate on payments for construction of the new Front Royal Police headquarters.

Statements indicated that the lower interest rate acquired, as opposed to the EDA’s 3% rate with United Bank on the FRPD debt service, would save the Town at least a million dollars. Town officials declined to discuss details such as the interest rate or amount of the loan at this point in the loan process.

While a summary of the loan agreement announcement read into the record by Interim Town Manager Matt Tederick and elaborated on by the town’s elected officials, was a welcome update on what has become an increasingly contentious finger-pointing exercise in municipal government dysfunction, the tone of that update maintained and perhaps up the ante on the accusatory finger-pointing.

Above, Matt Tederick reads the opening statement on the Town’s debt service agreement with United Bank into the press conference record; below, County Supervisors Delores Oates, left background, and Supervisor’s Chair Walt Mabe and EDA Board Chair Jeff Browne, listen as they are vilified for the past impasse on FRPD debt service negotiations. Royal Examiner Photos by Roger Bianchini – Royal Examiner Video by Mark Williams

In fact, following the full council comments Mayor Eugene Tewalt observed that he did not agree with a lot of what was said by council in lauding their bank financing deal. Since his November 2019 Special Election elevation to mayor, Tewalt has repeatedly butted heads with his former council colleagues over trying to negotiate, rather than litigate with the EDA.

When this reporter and other media present asked for details of the loan agreement and support for the accusatory nature of the announcement alleging belligerent intransience by both the county government and the re-tooled in the wake of financial scandal Economic Development Authority Board of Directors, there were few direct, substantive answers forthcoming. In fact, the interim town manager cautioned council on answers regarding support of its stated legal stance, noting the Town remained in civil litigation with the EDA.

One of three local reporters, yours truly, attempting to gain clarity on council’s allegations about County and EDA intransience in past FRPD debt service discussions.

The media was added to the negative stereotyping in past reporting on the Town’s year-and-a-half or so refusal to assume liability for undisputed principal and partial interest payments on the EDA-enabled financing for its new police headquarters. Councilman Holloway disputed what he termed “tabloid media” reports that have “beaten up” the Town in reporting the evolution of the Town-EDA financial impasse and what has evolved into dueling civil litigations. Wednesday’s announcement does not appear to impact the Town’s $20-million civil suit against the EDA.

Several county official present, including Board of Supervisors Chairman Walt Mabe, Vice-Chair Cheryl Cullers, and North River Supervisor Delores Oates, indicated possible future comments after having time to absorb what they heard Wednesday evening. However, EDA Board Chairman Jeff Browne did give Royal Examiner an on-the-record comment.

“Well, the main thing that I want to leave you with tonight is that we’re excited that the Town is finally paying the principal that they’ve owed on the police station. And that’s really what tonight’s about. We can get into some other details some other time,” Browne told us after the press conference, adding, “It’s a positive and I’m hopeful that we can start to work together. I hope that it’s a start of something good because we ought to be working together.”

United Bank is the same bank the EDA financed construction of the police headquarters through. The EDA, recently with County help, has been making monthly interest-only payments of about $21,000 on its FRPD debt service. However, the EDA announced last week that it and the County would stop covering those payments as of October. The EDA United Bank loan was slated to go to interest and principal payments of about $50,000 monthly on November 1. Thus far the EDA or County has paid about $500,000 on interest on the FRPD construction project, which appeared to cause some confusion on the EDA’s claim against the Town in its recently filed civil suit to hold the Town liable for FRPD construction costs.

But as for working together in the wake of Wednesday’s press conference, several council comments critical of the past and existing EDA board justified the Town’s move toward creation of a second, unilateral EDA, pointing away, rather than toward cooperation with the existing, half-century-old joint Town-County EDA.

Above, County Board Chair Walt Mabe and Councilwoman Lori Cockrell chat following the adjournment of council press conference. Below, delays on the renovation of the Afton Inn to the left of Town Hall were laid directly on the EDA by Councilman Gillespie.

In fact, Councilman Gary Gillespie took direct aim at the current EDA staff and board of directors for delays in renovation of the dilapidated Afton Inn across Crescent Street from Town Hall.

Go to the below-linked Royal Examiner video to see exactly what was said, alleged, asked, and answered, or not, at the approximate 45-minute Wednesday evening Front Royal Town Council press conference:

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Town ponders its CARES Act reimbursement dilemma at end of brief Monday work session

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After discussion of a change to Town policy on the vacating of streets and alleyways to accommodate past adjustments and high costs associated with assessments by real estate assessors for the government-owned property; and a review of evolving Fiscal Year 2021 revenue streams from taxes and utility/enterprise and general funds, the Front Royal Town Council focused on a lingering sore point.

That point is the County’s reluctance to take the town governmental apparatus at its word on assuming financial liability for any distribution of Coronavirus Aid, Relief, and Economic Security (CARES) Act approved funding found to not meet federal and state standards for that distribution. As previously reported, as the recipient of that federal, state-distributed money received in two $3.5 million dollar phases, about $1.2 million of which was allotted to the Town for in-Town distribution, the County is liable to reimburse the state and federal sources of that money for any portions found to not have met the federally implemented standards for qualifying business, non-profits or individual recipients.

“I don’t know what their issue is – we justified it under the CARES Act; we laid it out very specifically where in the CARES Act it’s been spent,” Interim Town Manager Matt Tederick told council citing two specific areas the County is apparently concerned about qualifying. “So, we’ll just continue to play the game and see what happens.”

“I’m concerned about getting the $970,000,” Vice-Mayor Bill Sealock told his colleagues of the money the Town has fronted out of its own General Fund budget toward what it believes to be qualifying businesses in town. That thus-far Town-absorbed expenditure is what the Town is hoping for in first-round CARES distribution reimbursement from the County.

“I’m concerned about getting the $970,000,” Vice-Mayor Bill Sealock told his colleagues of the money the Town has fronted out of its own General Fund budget toward what it believes to be qualifying businesses in town.

“I can certainly appreciate that they want some checks and balances … but if we’re completely liable which we’ve signed agreements on, saying that if any of the CARES Act is spent inappropriately the Town will fund or refund,” Councilman Jacob Meza said when Tederick interrupted him.

“Let me correct you on that, Mr. Meza, we never, we haven’t signed that,” Tederick interjected, leading several councilmen including Meza to add, “But we’ve offered to do it.” Meza added, “I’d like to reoffer that and move on.”

“I can certainly appreciate that they want some checks and balances … but if we’re completely liable which we’ve signed agreements on, saying that if any of the CARES Act is spent inappropriately the Town will fund or refund,” Councilman Jacob Meza said when Tederick interrupted him.

“We’ve offered that, and they want us to take the liability, and they want to approve the spending plan, and they want us to spend the money out of our reserves, and they want us to submit the reports, and they’ll tell us whether they’re going to reimburse us. So, it’s just very convoluted. I’ve done everything I can do to get this through,” Tederick told council.

Absent from the discussion was the likely lack of County trust of Town financial “promises” in the wake of a year-and-a-half impasse on the Town accepting financial liability to pay for its $9-million dollar police station financed through what is now a solely-County supported Town-County Economic Development Authority.

However, further discussion indicated that several involved county officials had indicated a first reimbursement check from the County was anticipated early this week that had not yet been received as of Monday night.

“Well, it is Monday,” Councilwoman Lori Cockrell observed, acknowledging that Tuesday was also “early in the week”.

See Council’s full discussion on its CARES Act reimbursement concerns, as well as the street and alley vacating adjustments and FY-21 revenue numbers in this Royal Examiner video of council’s 20-minute open session work session.

Council then adjourned to closed session to discuss its permanent town manager search, the now dueling civil litigations with the EDA, and the disposition of undisclosed public property. And the following day the Town announced a full town council press conference to address the EDA litigation to be held Wednesday at 7 p.m. at the Warren County Government Center.

That announcement stated that the press conference “will cover major developments regarding the Town of Front Royal\EDA lawsuit. Statements will be given by each Council member”.

Stay tuned for that exciting development as it unfolds Wednesday …

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EDA in Focus

Town press release says it was working on FRPD financing when EDA suit filed

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In a press release issued at 3:15 p.m., Friday afternoon, from the office of Town of Front Royal Information Technology and Communications Director Todd Jones, Interim Town Manager Matt Tederick responds with astonishment, and some astonishing news, in reaction to the EDA filing of a lawsuit Thursday to recover the nearly $9 million cost of the new FRPD headquarters.

That news is that the Town was in the process of acquiring bank financing to pay the principal amount, if not interest, on the new town police headquarters this week.

As previously reported, at Monday’s Front Royal Town Council meeting Councilman and mayoral candidate Chris Holloway read a three-page prepared statement into the record on the Town’s stance on its lack of obligation “legal, moral or otherwise … to repay these unlawful debts” to cover what was termed “a fraudulent, unauthorized loan” acquired by the EDA to finance the FRPD headquarters construction project for the Town.

Chris Holloway reading the Town’s stance on FRPD financing into the council meeting record Monday, September 14. Royal Examiner Photos by Roger Bianchini

Holloway confirmed that the statement was prepared by the Town’s contracted Damiani & Damiani law firm that is handling its $20-million-plus lawsuit against the EDA, in response to his inquiry on the matter.

The statement also states that the Town “has explored other means of resolving the issue” and “is willing to make payments to the EDA for the Police Department Headquarters that are equal to the payments that Town Council authorized, which include the entire principal debt at the authorized interest rate.”

It would seem somewhere along the negotiating lines between the Town, County, and EDA, there has been a failure to communicate essential information.

Here is the Town press release and Tederick’s statement in its entirety:

The EDA Sues the Town of Front Royal on the Verge of Obtaining a Loan

24 Hours After the Town Receiving Bank Term Sheet, EDA Sues. Coincidence?

The Town of Front Royal filed a $20,226,153 lawsuit against the Warren County Economic Development Authority (EDA) in an effort to recover money fraudulently obtained by the ex-Executive Director, Jennifer McDonald, and perhaps others under the failed oversight of the Economic Development Board of Directors.

Interim Town Manager Matt Tederick commented, “This lawsuit is really bizarre, less than twenty-four hours after I received a formal Term Sheet from a lending institution to pay the principle balance which the County, the EDA, and the Town do not dispute, the EDA calls a Special Meeting, one day before it’s normal meeting date, and decides to file a Complaint and Writ of Mandamus against the Town, effectively preventing the Town from obtaining the very financing being demanded. Coincidence?

Interim Town Manager Matt Tederick revealed some astonishing news late Friday afternoon, in reaction to the EDA civil suit over FRPD headquarters financing.

“Just yesterday I received a call from Ed Daley, Interim County Administrator, who asked me if the EDA’s Finance Director could meet with the Town’s Finance Director to reconcile Leach Run Parkway accounting. Of course, I eagerly and happily agreed. Then, 24 hours later, the EDA sues the Town. Coincidence?

“As much as I would personally like to litigate this matter in the court of public opinion, as the EDA has done, I will not. This much I will say, the EDA has caused great harm to the citizens of the Town of Front Royal, and yet, no one has been brought to justice and the EDA continually claims to be the victim. The EDA is responsible for the negative consequences flowing from the actions of its ex Executive Director. The Town is trying to assist in dealing with the economic fallout, but ultimate responsibility remains with the EDA. The Town intends to continue its efforts to finance the Police Department Headquarters.”

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Acting EDA Chairman reflects on September 17th legal action against Town

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Following Thursday morning’s announcement of the filing of civil litigation against the Town of Front Royal to recover nearly $9-million dollars spent to construct the new town police headquarters, Acting Front Royal-Warren County Economic Development Authority Board of Directors Chairman Jeff Browne told Royal Examiner that United Bank officials, holders of the EDA’s FRPD loan, were aware of the developing situation that could see those debt service payments stop next month.

As reported in our lead story, September’s payment will be the last made by either the EDA or Warren County in support of the EDA debt service on the police station project. Town officials have been informed of this situation, Browne told us. So, as noted in our companion story unless the Front Royal Town Council authorizes assumption of that United Bank debt service, payments on the new town police station will go into default by mid-October. Those payments come due 10 days after receipt of monthly payment-due notices at the beginning of the month.

It is the TOWN police station, right? EDA acting board chairman calls Town stance on FRPD debt service ‘disingenuous’. Royal Examiner Photos by Roger Bianchini

Of the Town’s stance in previous direct negotiations on the matter, Browne said, “The only thing that they consistently said is that ‘we believe you guaranteed us a one-and-a-half percent interest rate.’ Okay, you can state that, and we can get to deciding that. But that would mean that you would go ahead and pay the principal off; you pay the one-and-a-half percent – none of which is there is any question about.

“The new wrinkle was this week when the argument was made that the loan, I’m not sure what, is fraudulent. Therefore the Town doesn’t need to pay it,” Browne said again referencing Councilman Chris Holloway’s September 14 reading of a contract attorney-prepared statement into the council meeting record about why the Town has no obligation to pay for its police station. – Though it sure makes it easier to accomplish capital improvements while promising to never raise taxes, as Holloway did during the recent County Republican Committee Candidates Forum.

“But again, disingenuous that your police force is sitting in a building that’s been approved, and they approved it,” Browne observed.

Queried about that approval, Browne continued, “They actually have several resolutions, in the lawsuit you’ll see we hung our hat on the last one, which increased the amount to $12 million dollars. And again a resolution, no indication of what the interest rate was or anything regarding it.”

He added that the EDA was in possession of correspondences from the town finance department acknowledging approval of various aspects of the construction project and payment of those aspects.

Jeff Browne and contract attorney Rosalie Fessier go over some last second proofing of EDA lawsuit against Town over FRPD headquarters debt.

“The lawsuit is very clearly written – it isn’t 500 different contentions. It’s just a simple story and then alternate legal theories as to why we ought to get it,” Browne said, revisiting a perceived difference in the new EDA litigation and the Town’s now amended litigation that has grown from an initial estimated $2 million amount to “over $20 million” at this point.

As our post-meeting conversation was winding down, Browne said, “What I would leave you with, is when you direct someone to build something for you; you approve all the construction invoices; and then you occupy the place, to have an argument for any real reason that you don’t owe that sum of money seems to me to be disingenuous. And it’s time that the Town pay its bill,” Browne said.

“We’re sad that it’s come to this – but we had no choice. I didn’t get into the EDA to fight with the Town,” Browne said in wrapping up. “I loathe that we have to be doing this when we should be concentrating on economic development. If the Town wanted to help resolve all this they would help work on our lawsuit (against McDonald and her co-defendants).

“I hope they come to their senses, get financing and we can begin all working together. We are one community,” Browne concluded.

Mayor Tewalt at December 2019 EDA meeting where he said he would urge cooperation rather than litigation with the EDA. Maybe council should have listened as nine months later things escalate with a community’s financial credit rating at stake.

Whether it is one community on the up or down side of future economic development will apparently be decided over the next 23 days or so as the deadline on payment of the October FRPD debt service, the final interest only payment of $21,000-plus to United Bank, approaches.

The ball, to use a sports metaphor, has landed with a thud on the Town side of this legal and financial court (pun intended).

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No more Mr. Nice Guy – EDA files suit to recover FRPD costs from Town

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Following a 50-minute Special Meeting closed session on Thursday morning, September 17, the Front Royal-Warren County Economic Development Authority Board of Directors unanimously authorized attorney Rosalie Fessier of the Timberlake-Smith law firm to file suit against the Town of Front Royal to recover the current approximate $9-million cost of construction of the new Front Royal Police headquarters.

Fessier is Staunton-based Timberlake-Smith’s lead counsel representing the EDA in the Town of Front Royal’s $20-million-plus civil litigation against the half-century-old Town-County EDA.

The motion, made by Tom Pattison, seconded by Greg Harold, passed by a 6-0 vote with all board members virtually present. Chairman Ed Daley’s seat remains vacant in the wake of his appointment as Warren County’s interim county administrator. The plan is for him to return to his EDA board seat following the hiring of a permanent successor to Doug Stanley.

In Daley’s absence, Vice-Chairman Jeff Browne chaired the virtually conducted ZOOM meeting from the EDA’s Kendrick Lane headquarters. In the wake of the 8:55 a.m. adjournment of the special meeting this reporter met Browne at the EDA office complex about a half block from the police station.

Above, the new FRPD headquarters is visible through the EDA office complex fence at Monroe Ave. In October EDA/County payments on the police station debt service will stop. Below, Jeff Browne and EDA attorney Rosalie Fessier go over paperwork before filing of the EDA suit to recover $9 million it spent on the town police station construction project. Royal Examiner Photos by Roger Bianchini

When we arrived, Browne was still going over paperwork on the civil litigation with Fessier. Following her departure, Browne said the attorney was going to the Warren County Courthouse to file the lawsuit, after which copies would be made available to the media.

Browne explained that the suit is for principal and interest at the rate of the actual United Bank loan, initially 4% then adjusted to the current 3% rate, for a total of just under $9 million dollars. He elaborated that the suit is for money due to the EDA that is in no way impacted by the alleged embezzlements, misdirection of assets or other financial misdeeds attributed to former EDA Executive Director Jennifer McDonald.

“There isn’t any question about that,” Browne said flatly. “And I’ll say this, on anything that we’re asking the Town payment for, we would not ever include anything that was not a legitimate bill. We’re not trying to get them to pay for illegal activities we believe other people did, it’s not going to happen.”

In addition to the EDA-Town legal fireworks inside the EDA office, there was a flurry of activity out back as work on a disputed drainage system was being done at ITFederal expense on its property as an occupancy permit deadline approaches next week.

We asked the acting EDA chairman what led to this decision.

“Well, I think the EDA and the County have paid on the Town’s obligation for over a year. And the goal there was to give the Town time to get the financing that it needed and to do the right thing. And they kept promising this in meetings that we had with them.

“So, in good faith we went ahead and did that even though there’s no obligations to pay anything on the police station. So, between just the lack of forward progress on the negotiations, and more recently what came out of town council this week suggested that the timing was something that we had to do to get them to focus on this,” Browne said.

His “this week” reference was to the Town’s EDA civil litigation contract attorney-prepared statement on the Town’s legal stance on the FRPD financial situation read into the record by Councilman and mayoral candidate Chris Holloway on Monday, September 14.

Light agenda or groundwork for a community legal-economic EXPLOSION?

On September 14, Chris Holloway, right, read an attorney-drafted Town statement calling the EDA’s FRPD United Bank loan ‘fraudulent’ for having a higher than 1.5% interest rate attached to it. Consequently, the Town stance is it has no legal or moral obligation to assume that debt service. To Holloway’s right Jake Meza, who championed holding out for the NMTC 1.5% financing despite contrary recommendations from Town staff and the NMTC Program administrator, listens.

As previously reported, as of November 1 debt service payments on the FRPD project go from interest only in the $21,000 range to principal and interest to around $50,000 monthly.

“And we’re not going to be paying October either, neither is the County,” Browne said of the FRPD debt service coming due in two weeks that the EDA is no longer in a position to cover financially. “The County informed us, we’ve informed the Town that we’re not going to be paying any more on the police station.”

Truth or dare?

As to a timeline other than the litigation being immediately filed at the courthouse, Browne said, “We waived a jury trial, jury trials are going to take a long time given the COVID circumstances.” As a note, the Town is seeking a civil jury trial in its suit against the EDA.

“It’s a very clean case, when you read it, it describes: here’s the facts; they’re all very well documented; and here’s our arguments about why we should get the money,” Browne said of what was on its way to the Warren County Courthouse as we spoke.

Browne elaborated that the EDA case documentation is based in real documents, signed by town officials among others, as opposed to revolving around alleged verbal promises of the former EDA executive director that contradicted known, verified facts about FRPD project financing options. It was a none-to-subtle poke at the foundation of the Town civil action against the EDA.

“And to call them verbal promises even, is perhaps too much,” Browne said of the Town litigation, litigation justified in the above-mentioned attorney-prepared three-page statement read into the Front Royal Town Council meeting record four days earlier by Councilman Holloway.

The EDA hopes to have its civil litigation against Front Royal proceed at a more rapid pace than the Town’s suit against it has. At issue on the EDA side is whose responsibility is paying for the town police station, pictured below.

“When you say you anticipate one-and-a-half percent (interest), it’s like me going fishing and saying I anticipate I’ll catch fish – I sure hope to. But in this case the Town bet and lost. It thought it could get the one-and-a-half percent, was hoping it would get it but knew full well it wasn’t a guaranteed thing. And it turned out it wasn’t,” Browne commented of the underlying Town litigation logic.

Clean or not, the odds are short in “Vegas” that the EDA civil litigation against the Town will be heard within the next month when payments on the police station will stop being made if the Town does not pick them up.

And if they don’t, the Front Royal Town Council is perhaps staking an entire community’s ability to finance future projects on a new “gamble”. That gamble is that it will be judged legally and financially immune from the consequences of its own lack of due diligence, oversight or verification that the 30-year, 1.5% interest rate it hoped for based on verbal “promises” of a now-discredited EDA executive director was even available to it, much less a done deal.

Council listens as Holloway reads their collective legal position into the Sept. 14 town meeting record. Who wants to roll the dice on letting the FRPD debt service go into default next month? Below, Mayor Tewalt, here with Ed Daley and Jeff Browne in December 2019 after saying he would urge council away from litigation in favor of ‘good faith’ negotiations to resolve any financial situations between the Town and EDA. It didn’t work.

It seems a steep gamble in that those verbal promises flew in the face of what Browne says are signed documents, as well as information from the New Market Tax Credit program administrator, and information and recommendations from its own administrative and financial staff at the time.

If you want to see the consequence of those kinds of gambles, I have been told an exploration of the experience of the Virginia community of Buena Vista, also known colloquially as “Una-Vista”, went some 10 years ago when it declined to meet a financial moral obligation debt service. Spoiler alert – they have not been able to acquire public or private financing for anything since.

Now officials in two municipalities here are left to ponder whether that is a gamble worth taking on the strength their relative civil legal filings, directly or indirectly through their half-century old joint EDA.

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EDA in Focus

Town Planning Commission approves EDA rezoning request

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The Front Royal Planning Commission held its regular meeting September 16th at the Warren County Government Center. There were no public presentations, and the commission had only one item to consider and solicit public input for. The commission reviewed a proposed rezoning of approximately 62.7 acres at the end of Progress Drive, adjacent to the Happy Creek Technology Park. The proposed rezoning, from Residential (R-1) to Industrial Employment (I-2) is a preliminary step to potential future development. Any development would require permits and approvals separately from the rezoning request. The purpose of the EDA action is to improve the site status from Tier 1 to Tier 2 of the Virginia Business Ready Sites Program and possible future expansion of the adjacent Technology Park.

The proposal contained several proffers, or terms and conditions, that enhance the proposal’s value to the town. The proffers are:

  1. A 25-foot landscaping buffer for visual screening, to preserve existing woodland and add trees and shrubs along the border of the non-wooded areas.
  2. A By-Right land use will not be restricted, but business and professional offices, technology businesses including data centers, veterinary hospitals, pharmaceutical and/or medical schools, public facilities and special childcare services will be preferred.
  3. A dedicated Right-of-way of 60 ft for the continuation of Progress Drive will be provided to meet all town and Virginia Dept of transportation standards when a final site plan is developed for future use.
  4. A Traffic Impact analysis was estimated at a peak hourly rate of 124 trips, but a new analysis will be provided upon any development in the future.

Chairman Douglas Jones opened the floor for public comment, but there was none.

A motion to approve the proposal was made by Commissioner Merchant, Seconded by Vice Chairman McFadden. Brief discussion ensued regarding whether the acceptance of the proffers should be made part of the motion to approve. An Amended motion including the proffers was unanimously approved.

The Planning Department Staff announced the new Director of Community Development and Planning, Timothy Wilson. Commissioner Merchant asked if there was progress on recruiting new planning commission members. Director Wilson indicated that action was underway by Town Council.

There being no other business, the commission adjourned at 7:15.

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