Top Stories
Town Council Considers Precedent Setting in Zoning As Well As Concern About Sidewalk Related to Out-of-Town Utility Request
On Monday, February 12, at 8 p.m., due to an hour’s delay for the sake of a closed meeting that transpired before the open meeting, the Front Royal Town Council met for a work session in the Front Royal Town Hall at 102 East Main Street.
Having discussed in closed session the Local Board of Building Code Appeals (LBBCA) and received legal counsel regarding HEPTAD, LLC v. Town Council, council proceeded to hear presentations about procurements, delay of tax due dates, an alley vacation, a request for an easement, a rezoning application, the possibility of an out-of-town utility connection that could include a boundary adjustment to Town limits, and finally they spoke in general terms about the vision and goals agenda that they developed at a recent retreat. Because the rezoning application has the potential to set a precedent, much intense dialogue was given to that, as well as careful consideration given to how a boundary line adjustment could impact the council’s desire to see a sidewalk on Criser Road.
The context for the rezoning application from Magdalen Capital, LLLP, which would rezone several parcels in the vicinity of Leach Street from residential to Planned Neighborhood Development District (PND), goes back to January 22, when in the course of a regular meeting, council chose not to amend Town ordinance to dramatically reduce the lot size requirement for such a rezoning; several people, including school board member Melanie Salins, spoke passionately against the proposed reduction, as in their minds it would open Warren County to a spree of unwanted development. Thus, the minimum lot size requirement for rezoning to PND continues to be twenty acres. Therefore, in the language of Monday evening’s agenda, “staff can no longer recommend approval of this rezoning application due to insufficient lot size.”
However, Town Attorney George Sonnett explained that each individual case is “unique”, and the council could still hypothetically vote in favor of Magdalen Capital’s rezoning application; Mayor Lori Cockrell’s concern was then that this would create a precedent, and many might complain of unfair treatment insofar as Magdalen receives something that nobody else receives. As Councilwoman Amber Morris pointed out, this could potentially be grounds for lawsuits, as frustrated individuals who feel the council’s process is arbitrary take the matter to court.
She also mentioned that she had heard from a few people asking why the item was placed so quickly on the council’s agenda after the January 22 decision, and the council then discussed the default nature by which the item was placed back on the agenda, as Magdalen’s application still had to be processed, despite any decision that was made about Town ordinance at the regular meeting. If that application were to be approved, the exception would apply to the land, not the individual applicant; in other words, the land could be sold, and the new owner would enjoy the exception all the same. This item will be decided in a vote on February 26 at the council’s regular meeting.
As for the out-of-town utility connection that could involve a boundary adjustment to Town limits, located at 0 Criser Road and consisting of an application from the Catholic Diocese of Arlington and the Warren County Board of Supervisors, the discussion then turned to how this potential development would impact the desire of the council to see sidewalks installed in that vicinity. As a “new development”, the Diocese would be required to install a sidewalk in the case that the boundary is adjusted to include them in Town limits. If there is no adjustment and the Town merely extends to the Diocese out-of-town water and septic service at double the normal rate, the Town would not then be able to require a sidewalk. Of course, rejecting the application is one option, and the fate of this request will be determined on February 26 at the council’s regular meeting.
Click here to watch the Front Royal Town Council Works Session of February 12, 2024.
Local News
Congratulations to Warren County High School Seniors – Class of 2024
Royal Examiner presents the Warren County High School Class of 2024. Congratulations to these wonderful seniors on their hard work and deserved accomplishments! We wish you the best in your next big endeavors. Photos courtesy of Victor O’Neill Studios and Tolliver Studios, LLC.
If your Warren County senior is not listed, please send in their Name and Senior Picture to news@royalexaminer.com.
Local Government
Town Council and Planning Commission Meet for Much-Needed Discussion at Special Joint Work Session
On Monday, April 29, at 7 p.m. in the Front Royal Town Hall on 102 East Main Street, the Front Royal Town Council and the Planning Commission met to discuss vape shops, Planned Neighborhood Development District (PND) zoning, and short-term rentals. Planning Director and Zoning Administrator Lauren Kopishke supported the mayor in guiding the discussion.
While vape shops and short-term rentals drew similar sentiments from everyone in the room, the more contentious item and perhaps the driving force behind the gathering was PND zoning. This type of zoning allows for mixed-use development in higher densities, on parcels rezoned to PND, and it is in many ways an improvement on by-right development as it potentially offers affordable housing for those in Front Royal who are struggling to cope with inflation and the cost of living in general. The challenge to PND zoning, which Planning Commissioner Chair Connie Marshner sees clearly, is the scarcity of lots large enough within Town limits to meet the acreage requirement for a planned neighborhood development district, as it is currently regulated by the Town Ordinance. This may explain why, in an application from a developer for PND rezoning that involved a proposed amendment to the ordinance reducing the acreage threshold for PND from twenty-five acres to two, the planning commission passed the application to the council, recommending a reduction to five acres in the case that the council felt uncomfortable with two. In the words of Councilwoman Amber Morris, the two-acre prospect was “offensive.” Indeed, the council denied any amendment to the ordinance and the application.
To do justice to Morris’s position, it is offensive because it would open a “floodgate” to untrammeled development that may neither respect the Town’s rustic charm nor be sensitive to the needs of its infrastructure and the way of life that its natives have built here. At the same time, Kopishke has emphasized that there are so many other stipulations in the rezoning to PND that the floodgate would never be opened. Having provided the council and the commission with extensive reading in their agenda packet that highlighted how other localities are handling this type of development, localities from which she is actively gathering information in staff’s ongoing PND enterprise, Kopishke urged those present to discuss what they like about the current ordinance and what they do not like. After a somewhat tangential conversation, most of the council members said they would like to leave the ordinance the way it is, with a threshold of twenty-five acres for PND mixed residential and fifty for PND commercial.
Morris said it is not the government’s job to provide affordable housing. Also, there is nothing wrong, in her opinion, with preservation. Just because a parcel is undeveloped does not mean it needs to be developed. The evening ended with the sense that things were as much as before. There is only one PND zone in Front Royal, and it is undeveloped. The Comprehensive Plan does indeed call for higher density development, but what that looks like seems to be a matter of degrees in which some are prepared to be more extreme than others. Consensus between these two bodies would be a very rare diamond.
Local News
As Opening of Youth Center Draws Near, the Reaching Out Now Family Looks to the Past for Inspiration
As Samantha Barber and Toby Hire sat, side by side, holding hands on April 26 in a yet-to-be-furnished room of the Raymond E. Santmyers Student Union and Activity Center in Front Royal, Virginia, there was a very real sense of water, which is stopped by nothing. “Water is my serenity,” Samantha said in this conversation with the Royal Examiner. It maneuvers its way around any obstacle in its path, if not eroding the obstacle altogether, and that is precisely what the Reaching Out Now (RON) family, of which Samantha is the president, has done in its endeavor to provide Front Royal and the wider Warren County region with a youth center, opening soon, where students can come to play, relax, have fun, develop strong bonds of friendship, and explore what they want to do with their futures.
The youth center is necessary, and the stakes are life and death. The brilliant lives and tragic early departures of Harlee Hire and Nathan Jenkins, the first to suicide and the second to a boating accident, inform the RON family of their mission to reach young people. There is this awareness that life is incredibly fragile, and the only way to face it is through community. It is as simple as asking: “Are you okay?” That is precisely what RON intends to do through the youth center so that young people in Harlee’s position do not fall through the cracks.
Harlee loved water. And by all appearances, she could overcome any obstacle. Through tears, “She was a great friend,” her mother Toby said as Samantha gripped her hand. Harlee practiced radical encouragement. It was not uncommon to hear her yelling shameless compliments like: “Your butt is looking fine today!” And even in the early months of 2022, after her friend Nathan’s boating accident in January and before she attempted suicide on May 10 and officially passed on May 11 and the Honor Walk donation of her organs on May 13 at UVA, she clung tenaciously to life. “I am going to do this, Miss Sam,” she told Samantha at a fashion show RON was hosting. And she walked down the runway.
“It is a sacrificial gift,” Samantha said of the youth center. “Nathan would have loved this,” Susan Jenkins said, standing outside the Santmyers building in May of 2023, and as soon as she said it, it began to rain. Indeed, a little fall of rain can hardly hurt me now, to quote the musical production of Les Miserables. There is a very real sense that both Harlee and Nathan continue to live through the youth center as the RON family remembers them and strives to reach young people in their position. Especially Harlee’s. While it is impossible to predict an accident like the one that occurred for Nathan, Samantha, and Toby both feel strongly that intervention is possible in the case of young people who are struggling with mental health issues.
In fact, May will be Mental Health Awareness Month for RON as they host three different athletic events in memory of Harlee and Nathan through their Safe at Home program. On May 9, a varsity girls’ softball game will be held at Skyline High School at 6 p.m. They will host a community baseball day on May 11, between 10:30 a.m. and 5 p.m. at the Bing Crosby Stadium. And on May 25 at Skyline High School from 11 a.m. to 2 p.m., they will host a community softball day. In order to get tickets, go to reachingoutnow.org
There is no need to be perfect. Samantha is frank about the impact this trauma has had on her health. “You have rheumatoid arthritis,” a doctor told her. He explained that she had internalized so much psychological pain that it had a very real manifestation in her physical health. But this is just one more obstacle that can be overcome through the support of friends offering real, physical comfort. You can be broken, Toby said. It is okay. It is the broken kids that RON wants to reach. If you are in trouble at school, we understand, Samantha emphasized. If you have weed in your backpack, we understand. This is not a matter of selecting the crème de la crème of students who are already gifted and exceptionally motivated. It is a matter of reaching all the kids and helping them understand their potential.
In the unfurnished room at the youth center, a room named in honor of Nathan and intended to be a game room, the Nate (DAWG) Game Room, Samantha, and Toby agree wholeheartedly that there is nothing wrong with just playing games if you are not playing them alone. Toby said this is the most connected yet disconnected age. The goal of the youth center is to help young people connect authentically.
Community Events
Updated: ‘Phony Ponies’ Give a Competitive Edge to FR Rotary Downtown Pub Crawl Fundraiser
On Friday, April 26, the Front Royal Rotary sponsored a downtown Front Royal “Pub Crawl” featuring a Phony Ponies “horse race” ticket holders could bet on to add to the Rotary fundraiser, and a little reward for their knowledge of the relative prowess and breeding of the involved Phony Ponies. Or as one pre-race announcer informed the crowd, “We’ve got three stallions and two old mares in this race,” which was met by some boos from the filly-supporting contingent.
And it was one of those two filly mares that led the five-horse field across the finish line after three laps around the Gazebo in the in the Main Street Downs Raceway shortly after 7:30 p.m. — that was “Blazin’ Botox” (Warren County Sheriff Crystal Cline), followed in order by “Money for Nothing” (Front Royal Rotary President Ken Evans), “Closing Real Fast” (Front Royal Police Chief Kahle Magalis), “Bullseye” (Warren County Rotary President Michael Williams), and “The Old Gray Mare” or was that “Mayor” (Front Royal Mayor Lori Cockrell).
It was a highly competitive race with some post finish line challenges offered by runner up Money for Nothing, whose jockey Evans noted an unapproved by the Racing Commission pre-race change into borrowed running shoes by the winner, as well as some out-of-my-lane territorial elbow-bumping by Blazin’ Botox to keep him in his 2nd place position. WAIT, do horses have elbows? I guess phony ones do.
Jockey Cockrell explained her disappointing 5th place finish, noting she had locked in behind Bullseye/Williams early in the running. However, it ended up being a bad spot to draft, as Bullseye appeared to be having an equipment break-down in front of her, as in a drooping “saddle” threatening that stallions stability and which she had to pull back from for caution’s sake.
On the more serious side, the second annual Talk Derby To Me Pub Crawl fundraiser was in support of Rotary International’s eradicate polio worldwide effort. More information about Rotary’s efforts to end polio can be found at this website: https://www.rotary.org/en/our-causes/ending-polio
Involved and supporting downtown businesses included Vibrissa, the On Cue Sports Bar & Grill, Buckle & Belle Boutique, sponsor of the “Phony Ponies” race, C&C Frozen Treats, Pavemint Smoking Taphouse, Honey & Hops, Catamount Lounge, and Garcia & Gavino. Hope we didn’t miss anyone, and we’ll update as necessary if we did.
And in a late update, individual sponsoring of the Phony Ponies was provided by: Ken Evans, ReMax Reality sponsoring Evans on “Money For Nothing”; CSM Aesthetics sponsored “Blazin’ Botox” and jockey Cline; Clint Pierpoint, Next Home Reality Select sponsored “Closing Real Fast” with Chief Magalis on the saddle; Lori Cockrell for Mayor sponsored “The Old Grey Mare” with the mayor riding; and Shenandoah Valley Axe Throwing Co. sponsored the saddle-failing “Bullseye” with Williams keeping his stallion upright.
And if you missed the fun and excitement, here are a few more shots.
Crime/Court
McDonald Criminal Convictions Sentencing Hearing, Part 2, Set for Late May
In the wake of the April 9, Part One Sentencing Hearing of former Front Royal-Warren County Economic Development Authority Executive Director Jennifer McDonald, the website court calendar of the 10th Western District of Virginia has finally posted a date for Part Two of that hearing. That date is Wednesday, May 29, 2024, on the 10 a.m. docket in the Harrisonburg federal courthouse where McDonald was convicted of 30 criminal counts related to the FR-WC EDA “financial scandal” circa 2014 to 2018. Those who have followed that story since it began unraveling, including on these pages from the fall of 2016 to late 2018, will recall an estimated $26-million in EDA assets was moved to unauthorized or what is now believed to be fraudulently presented uses. Trial testimony indicated McDonald moving about $6.5 million to her personal use unauthorized by the then EDA Board of Directors.
As reported in our coverage of that April 9 hearing, Part Two will hear Judge Elizabeth K. Dillon’s rulings on a number of objections filed by both the prosecution and defense counsels to the precedence of evidence submitted by the other side in written summaries to the court leading up to the April 9th start of McDonald’s sentencing hearing. Also argued on April 9 were “Forfeiture” of defendant McDonald assets, “Restitution”, and “Special Conditions” being sought at sentencing from both the prosecution and defense. While Judge Dillon ruled on a number of these objections on April 9, she took some under advisement, seeking written support from both sides to their motions arguments.
In addition to those rulings, prosecution and defense counsel are expected to make final arguments in support of their sentencing proposals, and Judge Dillon will set a date for Part Three of the Sentencing Hearing. Part Three is when the 47-year-old McDonald is anticipated to find out the court’s ruling on arguments for relative leniency to prison sentencing guidelines, six years, by her legal team versus the prosecution’s high-end request. The prosecution is seeking a 22-year sentence with 24 months sought for an Aggravated Identity Theft conviction of McDonald regarding the use of Truc “Curt” Tran’s name in one involved “financial scandal” real estate transaction, tacked on to a total of 240 months (20 years) being sought on McDonald’s other 29 convictions on fraud and money laundering counts.
Local Government
County Budget Work Session Addresses Staff Health Care Costs, Charging Town for Solid Waste Dumping, and Old Oak Ln. Projects
Following a 4 p.m. tour of the new Senior Center renovations slated to be completed by June (see related story) and a late-added 5:30 p.m. Closed Session (Item A), the Warren County Board of Supervisors convened to yet another Fiscal Year-2024/25 budget work session. This one, convened about five minutes after the scheduled 6 p.m. start due to the length of the closed session, included one outside agency, the Virginia Department Of Transportation (VDOT) on the Six-Year Plan for road improvements in the county, and five county departmental presentations.
Those budget-related reports in the order presented were:
- Presentation – Virginia Department of Transportation Secondary 6-Year Plan
- Discussion – Public Work Transfer Station Rates – Mike Berry, Public Works Director
- Presentation – Old Oak Lane, Phase IV (4) and V (5) Updates – Mike Berry, Public Works Director and Sanitary District Manager Michael Coffelt
- Discussion – 2024-2025 United Healthcare Insurance Renewal – Jane Meadows, Deputy County Administrator, Kayla Darr, Human Resources Manager
- Discussion – Orientation for the Department of Social Services – Jon Martz, Director of Social Services
- Requested Proclamation: April is Child Abuse Prevention Month – Department of Social Services
Since it was a work session, no actions were taken on the presentations or staff recommendations. The board took what they heard under advisement as they move toward a final budget proposal in the months leading to the start of Fiscal Year-2025 on July 1, 2024. Since no action can be taken at a work session, the Social Services Department requested proclamation on recognizing April as Child Abuse Prevention Month would be made at the board’s first meeting of May, Tuesday, the 7th of May.
Among highlights of those presentations and board discussion of them was a staff recommendation from Public Works Director Mike Berry to begin charging the Town of Front Royal for its use of the County’s Solid Waste Transfer Station to dump residential trash. Coupled with a $10 hike in the County’s current tipping fee of $69 to $79 at the Transfer Station, charging the Town “what other commercial users” are charged was projected to increase County revenue by $474,000 to help cover rising costs.
Another highlight came during Deputy County Administrator Jane Meadows update on renewal of the United Health Care Insurance Plan for County employees. In describing the existing situation, employee contributions to their health care coverage balanced against salaries, as well as health and age profiles of county employees, it was observed that may of the County’s employees “feel undervalued” by their employer.
Board Chairman Cheryl Cullers expressed some distress at that description of what is apparently a significant portion of the County’s staff that may be considering a move to a higher-paying or larger employer share of health care costs municipality. And while it may not be a totally new phenomena in the local governmental employer/employee relationship, it is one the board chair believes needs to be dealt with proactively in coming years. How that might be achieved without increasing County revenue through higher service rates, as suggested by the public works director regarding the Town’s use of the County’s Solid Waste Transfer Station, or general tax hikes to provide additional across the board general services revenue will be a dilemma the board must face in coming fiscal years.
Another discussion highlight came in the updates on Old Oak Lane Phases 4 and 5 in the Shenandoah Farms Sanitary District. Staff reported ongoing issues with “production defects” of box culvert sections delivered to the County by the contracted vendor causing ongoing delays as the Phase 4 project creeps toward completion. But that completion of the Old Oak Phase 4 project cited at an approved budget of $1.6 million, with expenditures to date of $796,792, with a remaining budget of $803,208, was recommended for completion. The staff summary also noted that the County “has not paid for the Eastern Vault $249,000 invoice for station 53+00 due to the deficiencies noted.” It was further noted that Public Works has “expended $173,000 in corrective action” with more corrective repairs to come.
As for Old Oak Phase 5 more at a planning stage, due to “Design Constraints” and related costs, staff recommended that the “County Administrator should send a letter to VDOT cancelling the Old Oak Phase V (5).” However, it was added that the County Public Works Department “complete the project internally using current maintenance contracts and approved SFSD (Shenandoah Farms Sanitary District) FY24 road improvement funding.” It was added that: “County General funding no longer necessary for internal SFSD project” which might draw the attention of some Farms Sanitary District residents regarding the use of their Sanitary District tax revenue.
The Closed Session involved legal consultation on wide range of matters involving liabilities, debt, potential bank actions, and recovery of assets related to the Front Royal-Warren County Economic Development Authority (FR-WC EDA or now WC EDA) financial scandal. The motion made into the Closed Meeting read:
“I move the Board enter into a closed meeting under the provisions of Sections 2.2-3711(A)(7) and (A)(8) for consultation with legal counsel pertaining to actual or probable litigation and the provision of legal advice regarding the Industrial Development Authority of the Town of Front Royal and the County of Warren, Virginia (the “EDA”), the Town of Front Royal, the EDA vs. Jennifer McDonald, et al., the Town of Front Royal vs. the EDA, et al., the EDA vs. the Town of Front Royal, other potential claims and litigation relating to other possible liabilities of the EDA, the recovery of EDA funds and assets, the outstanding indebtedness of the EDA and potential bank actions related to the same.”
And after the above-cited agenda’s completion, the work session adjourned at 8:25 p.m.
Due to what was described as a vendor “glitch” there is some delay on the work session video being posted. County IT staff hopes the video will be posted by the end of the week. When it is available, it will be linked to this story.