Happy Creek bank work criticism and response dominate start of Monday Town Council meeting

At a meeting where nearly $12.5-million-dollars in various Town Fund Reserves was approved for unfinished projects without much discussion of impacts on those fund reserves; where Virginia Beer Museum proprietor David Downes urged the town council to approve the use of PUBLIC property along Kidd Lane by the Front Royal Brewing Company to stimulate the outdoor serving of beer and refreshments as a stimulus to drawing tourists to Front Royal, even though they have rejected his request to utilize a similarly sized stretch of his own PRIVATE property nearby for the same use; and where after a slight, approximate 10-second hesitation on the making of a motion to do so, approved the existing Front Royal-Warren County Economic Development Authority’s request to rezone 62.7 acres of EDA-overseen town land adjacent to the Happy Creek Technology Park from Residential to Industrial to raise the statewide tier ranking of the property for commercial marketing, among other business conducted; it was two opening salvoes of criticism concerning work ostensibly to stabilize and flood-proof Happy Creek between South and Prospect Streets that seemed to set a tone for the Monday, November 9th meeting of the Front Royal Town Council.

About that Creek Bank

Above, as Matt Tederick listens, Tree Steward President Melody Hotek lists problems and concerns with the Town’s effort to replace vegetation with stones along the Greenway Trail between Prospect and South Streets. Below, Paul Gabbert wonders if council isn’t letting its interim town manager redefine reality for it, as in rocks are a better creek-bank stabilizing agent than native vegetation. Royal Examiner Photos by Roger Bianchini – Royal Examiner Video by Mark Williams

That opening public comment criticism came from Front Royal-Warren County Tree Stewards President Melody Hotek and long-time council critic Paul Gabbert. The criticism included Gabbert’s assertion council allows Interim Town Manager and long-time Republican Committee officer and strategist Matt Tederick to re-define reality for it. Gabbert cited Hotek’s previously expressed concerns about replacing native vegetation with rocks as a stabilizing strategy, as a glaring example. And Hotek wasn’t speaking for herself, but rather seven organizational signees to a letter submitted to council.

Gabbert’s assertions led to a verbal spat with Councilman Jacob Meza, who complained to the mayor that Gabbert’s comments aimed the interim town manager and council’s way were unfair and counterproductive to the meeting’s requirements of decorum not becoming unduly personal. Gabbert countered that he had not mentioned the interim town manager by name and asserted his 1st Amendment right of free speech to criticize council actions. Mayor Tewalt cautioned Gabbert to keep his comments on policy and allowed him to continue. A quick read of council’s rules of decorum indicated no crossing of rules against “profanity, vulgar or sexist language” or “irrelevant commentary”.

Gabbert listens as Tederick recites creek bank reality as he perceives it.

And Hotek and Gabbert’s comments led to an 11-minute-plus rebuttal by Tederick during his Town Manager’s Report. That rebuttal largely quoted from the council approval process in moving toward a Consent Order for the work and cited professional qualifications of involved personnel from I&I (Inflow & Infiltration) project consultant CHA who has forwarded permitting applications to the State and County for the Town.

Whether Tederick’s rebuttal made Gabbert’s point on council’s acceptance of an interim town manager redefined reality or refuted Hotek list of concerns and questions surrounding the Town’s Happy Creek project, likely depends on one’s environmental, and perhaps political, perspective.

In the wake of Hotek’s submission of the joint letter of concern and related questions about the Happy Creek project, one known fact is that seven environmentally conscious public organizations and at least one local landscaping professional believe the project is not accomplishing its stated permitting purpose of stabilization and flood control.

Above, the view from Happy Creek’s bank toward the Prospect St. Bridge where clearing has been accomplished. Below, a Stop Work Order has halted the Town from further work on its plan to cut all vegetation with a trunk circumference 4-inches or less on both sides of Happy Creek’s banks from Prospect to South St. Some observers contend trees as large as 6 to 8 inches, perhaps even 12, have been cut.

In addition to the Tree Stewards, those organizations signing on to the concerns and assertions of flawed processes, work and permitting the Stewards have brought forward are Alliance for the Shenandoah Valley, The Shenandoah Riverkeeper, the Front Royal-Warren County Appalachian Trail Community Committee, The Beautification of Front Royal Committee, Sustainability Matters, and the Izaak Walton League.

In response to one criticism of the downing a Willow Tree gifted by the Tree Stewards with a commemorative plaque, Tederick called Public Works Director Robbie Boyer forward. Boyer explained the tree had been taken down several months earlier because it was dead and was not removed as part of the creek project.

Following Tederick’s rebuttal to the criticism of the Town plan to replace vegetation with rocks the length of Happy Creek’s banks between South and Prospect Streets, the interim town manager took on a more pleasant and less controversial task – the awarding of dual “Star of the Month” awards to Town employees.

Above, Robbie Taylor gets her Star of the Month plaque; below, it was an October tie as ‘Tony’ Rogers got one too.

Those employees were Robbie Taylor of the Wastewater Treatment Plant staff and Water and Sewer Supervisor Ray “Tony” Rogers. See those awards following the earlier debate on the Creek work and council’s other business including three public hearings on the Front Royal Brewery request;

David Downes urged council to allow the FR Brewing Co. to serve beer and refreshments on public property to encourage tourism, while they have denied him a request to do the same on a comparable sliver of his private property nearby. – Did anyone else catch the irony? Maybe a federal judge will when Downes’ challenge of council’s earlier denial of his Beer Museum Biergarten expansion request is heard.

the Budget Amendment reserve fund outstanding project expenditures; and EDA rezoning request – all unanimously approved; as well as approval of acceptance of a Deed of Easement from ELP Riverton, LLC to provide water-sewer service to the new Chipotles and Five Guys restaurants; and an ordinance amendment facilitating remote participation in meetings in this Royal Examiner video: