Liaison Committee discussion reveals County-Town staff ‘Negotiations’ on past jointly funded FR-WC EDA projects – could this carryover to the litigation front?

The Front Royal-Warren County Liaison Committee meeting of Thursday, October 20, tackled a 10-item agenda on outstanding issues of mutual interest to the two geographically overlapping municipalities. But it was one subject, while #4/ on the agenda, that first attracted our attention – Front Royal-Warren County EDA Negotiations/Next Steps. Discussion indicated the cited staff negotiations involved property acquisitions or construction costs, including in the vicinity of North Corridor industrial parks on county land, as well as construction of Leach Run Parkway. Those acquisitions or construction projects occurred prior to the town council’s decision, circa 2019-2020, to withdraw from participation in the half-century-old Front Royal-Warren County Economic Development Authority in the wake of the 2018 discovery of the FR-WC EDA financial scandal.*

The Liaison Committee seated at the long table included permanent members Mayor Holloway and Supervisors Chair Cheryl Cullers, seated center, and Letasha Thompson and Jay Butler as rotating members this time around. Interim Town Manager Kathleen Leidich is at the staff table to right, as was her County Administrator counterpart Ed Daley, not pictured, at the staff table on other side of the room. Below, staffs from both municipalities and other council and county board members were also present.

County EDA Director, former planning director Joe Petty, and Town Finance Director B. J. Wilson led this liaison committee discussion. We later asked Petty and Wilson about parameters of the FR-WC EDA “negotiations” and if they might impact the hostile civil litigation front in a positive manner. As to that latter aspect, Petty pointed us to County Administrator Ed Daley, FR-WC EDA Board Chairman Jeff Browne, or Interim Town Manager Kathleen Leidich for comment. With those queries being made late Friday afternoon, we had not heard from those three on potential impacts on existing civil litigation as of weekend publication.

However, as to the existing negotiations, Petty noted two primary areas of discussion: “There are two topics. First is reconciling projects that the Town, County & FR-WC EDA may have coordinated, such as Leach Run Parkway and the Front Royal Police Station. Staff from the Town and County are working together to determine the numbers.

“Second are properties that were purchased by the FR-WC EDA while both localities were financially supporting the EDA. Both the Town and County want to ensure that each organization receives any benefit it is truly entitled to, and as with the projects above, staff will be working together to assist in determining any benefits,” Petty concluded on a hopeful note.

Above, FR-WC EDA Director Joe Petty, standing far left, responds to a question from Vice-Mayor Lori Cockrell, seated to right; below, a file photo of Town Finance Director B.J. Wilson, who is involved on the Town side in early ‘negotiations’ on financial claims of both municipalities related to past joint FR-WC EDA projects. Could such County-Town dialogue lead to an out-of-court resolution of EDA financial scandal claims? Time will tell.

Town Finance Director Wilson explained things from his end. “Warren County has a gentleman, John Montoro, that is working with me to reconcile some things between the Town, County, EDA, and other entities that may be involved. Thus far, the only thing John and I have worked on is the construction expenses for Leach Run Parkway. Based on last night’s meeting, it sounds like John will be working with me to reconcile the properties that the EDA purchased & various refinancings that occurred at the EDA.

“I have not worked with Joe Petty on any reconciling as of yet, but it sounds like Joe, and I will be meeting. John is the only one I have been recently involved with as far as reconciling anything with the EDA/Warren County. Joe may have been working with John on the County/EDA side; I’m not sure.

“As far as the court cases, I believe the intention is to have us work to come up with figures and to show differences; which could lead to settlement,” Wilson concluded, also on a hopeful note.
Among other liaison topics discussed were:

1/ Tourism Business Marketing Plan Update and Next Steps for DMO,

2/ A Water Capacity Update,

3/ Overlapping Town and County Comprehensive Plan reviews targeting Comp Plan updates.

5/ Parks and Recreation/Youth Programs (Youth Football),

6/ Holiday Events – Christmas Walk/Carnival,

7/ establishment of an Alternate Access Route to Shenandoah Shores Road and Mary’s Shady Lane to facilitate Emergency Services access when railroad tracks are blocked,

8/ Blighted Properties enforcement parameters,

9/ Warren County Transfer Station, and

10/ Funding of the Front Royal Fire Department, Company 1.

Fire & Rescue personnel, above from left, District and Co. 1 Chief Larry Oliver, County F&R Department Chief James Bonzano, and Fire Marshall Gerry Maiatico, found themselves at the center of two liaison topics: creation of a new emergency services road access route to Shenandoah Shores Road and Mary’s Shady Lane during stopped train traffic’s blocking of those roads; and funding for additional personnel to keep stations fully staffed with on-duty lifesaving and fire response personnel. A Liaison consensus seemed to be to act on these needs before they result in a fatality, rather than after. Below, Town Planning Director Lauren Kopishke comments on the status of the Town’s Comp Plan review as County Administrator Ed Daley, seated, and County EDA Director Joe Petty, and County Planning Director Matt Wendling, standing, listen. Town and County staffs are meeting to compare notes on their relative Comp Plan reviews and updates to facilitate cohesion between the two plans.

One of those, #3/ Overlapping Town and County Comprehensive Plan reviews targeting updates that will guide coming residential, commercial, industrial development in coming years led to an interesting transportation infrastructure proposal. It would appear that the two planning staffs are communicating to try and develop updates that do not have conflicting goals or infrastructure implications. As for infrastructure implications, the transportation variable of the Comp Plan discussion led to a jump to agenda item #7 regarding establishment of an Alternate Access Route to Shenandoah Shores Road and Mary’s Shady Lane to facilitate Emergency Services access during periods where those two roads are blocked by stopped commercial train traffic for extended periods of time.

Two proposals were suggested, one to the west of Mary’s Shady Lane where the tracks curve northward away from Happy Creek Road, and one at the Shenandoah Shores Road intersection with Interstate-66. Fire & Rescue Chief James Bonzano explained the I-66 option would not be a generally accessible interchange, but rather a limited access point for emergency services vehicles only. Discussion in previous years has indicated that federal guidelines would not permit an interchange at that location because the intersecting state/local road dead ends nearby at the river. The option to the northwest is believed to be far enough away from the two impacted roads that the average commercial train length of about a mile would not reach there if it were blocking both roads.

Royal Examiner will explore other liaison areas of concern as those discussions develop.

County Building Official David Beahm explained that generally blighted structure enforcement guidelines originate with State, rather than County, Codes. With no building permitting department of its own, the Town is seeking direction on implementation of its blighted structures code.

Despite being held in the front of the WCGC main meeting room where there is video camera access there was no videotaping of the liaison meeting.

*FOOTNOTE: As Royal Examiner has previously reported, the withdrawal/litigation decision over the objection of then-Front Royal Mayor Eugene Tewalt, involved a previous council lineup: Meza, Sealock, current Mayor Holloway, and still serving council members Thompson, Gillispie, (but NOT Scott Lloyd – we are in the process of confirming that sixth member), seated during the tenure of Interim Town Manager Matt Tederick. It was Tederick who brought the Alexandria-based Damiani-Damiani law firm eventually contracted to handle the Town’s filing of civil litigation against the joint FR-WC EDA, to council. That decision to litigate regarding disputed lost asset and liability claims came despite offers from then FR-WC EDA Executive Director Doug Parsons for three-way “good faith negotiations” to determine “exactly who is owed what” from the FR-WC EDA financial scandal that came to light in 2018. Could such non-litigious negotiations now be developing somewhat after the fact of that initial offer? Stay tuned.