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EDA in Focus

Tran defense motions echo earlier filings, cite vague summary of allegations

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‘Curt’ Tran was all smiles during discussion with media during EDA board closed session on Dec. 20, 2018. However, Tran expressed distress at the fact Jennifer McDonald’s job was in jeopardy that day. The EDA announced McDonald’s resignation following re-adjournment to open session. Royal Examiner File Photos/Roger Bianchini

On May 2, the attorney for ITFederal and its CEO Truc “Curt” Tran followed attorneys for the other seven defendants in the EDA civil suit of March 26 in filing defense motions attacking the style and substance of the case against their clients.

In the demurrer seeking dismissal of five of the six counts (1-4 and 6) in the EDA Civil Complaint it is asserted that the filing by attorney Cullen Seltzer of the Richmond law firm of Sand-Anderson lacks the legally-required specificity and factual basis to support its oft-stated conclusion that the defendants have acted to improperly divert EDA assets based “on information and belief”.

“And many of the Plaintiff’s allegations being made solely ‘on information and belief’ is fatal under the heightened pleading requirement for fraud,” Tran/ITFederal attorney Brandon H. Elledge writes citing case history, adding of such wording, “and thus to avoid dismissal, a fraud plaintiff must supplement such allegations with ‘a statement of facts on which the belief is founded’ and also ‘must delineate at least the nature and scope of plaintiff’s efforts to obtain, before filing the complaint, the information needed to plead with particularity’.”



As to the sixth count omitted from the Tran/ITFederal request for dismissal, Count 5 – “Breach of Fiduciary Duty of Loyalty” – the demurrer notes that it “does not purport to state a claim against Mr. Tran and ITFederal” but rather asserts actual claims “only against Defendant McDonald” – which does appear to be the case as it would impact all defendants other than McDonald. See Related Story:

Sheriff, ITFed principal Tran, Donnie Poe named with McDonald in EDA civil suit

“As an employee of the Warren EDA, Defendant McDonald owed the Warren EDA a fiduciary loyalty,” Count 5 begins in recounting the obligations of McDonald’s role as the executive director of the EDA.

Talk about smiles, these at the ITFederal groundbreaking – you won’t catch these two smiling at each other these days as Supervisor Tom Sayre and Jennifer McDonald are engaged in dueling civil defamation lawsuits. Social Media Courtesy Photo

And it is in the absence of the detail of the preceding 160 paragraphs leading to the $17.6 million-plus civil suit’s call for compensation in six counts against all nine defendants upon which defense attorneys have focused their arguments for dismissal.

The six counts seeking a judgment of “not less than $17,640,446.16” against “the Defendants jointly and severally” are: 1/ Fraud and Fraud in the Inducement; 2/ Conversion; 3/ Conspiracy; 4/ Unjust Enrichment; 5/ Breach of Fiduciary Duty of Loyalty; and 6/ Ultra Vires (improper) Transactions and Agreements.

And other than that one mention of the minimum of $17.6-million-and-change of allegedly misdirected or embezzled EDA assets there is no other reference to specific amounts of money tied to any defendant in the plaintiff presentation of the resultant civil “Counts” against those defendants. In fact, only “Defendant McDonald” and “Defendant Earthright Energy LLC” are cited in the six counts – McDonald in the aforementioned Count 5 “Breach of Fiduciary Loyalty” that does appear focused on her alone; and Earthright Energy LLC in Count 6 “Ultra Vires Transactions and Agreements” related to work arrangements or contracts engaged in with Earthright Energy through McDonald without approval of the EDA Board of Directors “in the manner required by law.”

However as alluded to above and noted in previous stories on the EDA complaint and defense motions against it, there is detail concerning specific amounts of money involved in specific transactions involving specific defendants throughout the first 160 paragraphs of the complaint. Those 160 graphs appear to present the basis of fact and finance leading to the final 39 paragraphs stating of the more generalized summary of offenses described in Counts 1 through 6 of the EDA civil suit. See Related Story:

Defendant attorneys cite vagaries, legal conflicts in EDA civil suit

However for Tran/ITFederal attorney Elledge that detail too, is lacking.

“While the Complaint is long on allegations as to McDonald’s misconduct, it offers very little as to Defendants … Tran … and ITFederal except for conclusory recitations or vague statements made only ‘on information and belief’,” Elledge asserts, adding, “Mr. Tran and ITFederal expressly deny the meritless claims asserted against them and any alleged wrongdoing in this matter.”

Of the summary nature of the stating of the Counts against the defendants, the Tran/ITFederal defense memorandum of support of the demurrer for dismissal states, “… the group pleading method employed by the Warren EDA in its Complaint is improper and fails to fairly inform Mr. Tran and ITFederal of the nature of the claims levied against them …”

However, is that true of the first 160 paragraphs of the 199-graph complaint – well 209-graphs if you include the 10 paragraph “Prayer for Relief” seeking return of EDA assets, attorneys fees and “punitive damages (of at least one million dollars) jointly and severally against the Defendants”?

This way to the Promised Land of commercial investment and high-dollar tech jobs in your community, then Congressman Robert Goodlatte may have been gesturing – or he may have been pointing ‘Curt’ Tran toward the bank by way of the EDA for a little help with that investment.

The complaint devotes many paragraphs to the securing of a $10-million bank loan for Tran/ITFederal through the EDA, citing the involvement of McDonald and then-U.S. Congressman Robert Goodlatte, R-6th, along with Tran. It is noted that loan was made at Goodlatte’s request despite repeated assertions by “Tran and Defendant McDonald …that Tran did not need the financial support of the Town and Warren EDA”.

However that “unnecessary” $10 million dollars of financial support was acquired, along with the gift of a 30-acre parcel at the Royal Phoenix site publicly valued by the EDA at $2 million for a one dollar price. Conditions were attached to that gift, including completion of the project by an eventually extended completion date of mid-2020; and a reduction of the scope of the project from an approximate 40,000 s.f. in a three-building complex alleged by Goodlatte to produce over 600 high-paying tech jobs through ITFederal to the community, to a 10,000 square-foot building producing at least 10 jobs of indeterminate wage.

And while the complaint notes that far less than $10 million appears to have been spent to date on the ITFederal Project here, the Tran/ITFederal motion for dismissal asserts Tran did nothing wrong and has worked within the parameters of his agreement with the EDA, both on the loan and a Memorandum of Understanding (MOU) regarding nearly $1.5 million in what is described as “Subsequent Payments to ITFederal” alleged to have been unauthorized by the EDA.

The lone ITFederal building on site in January 2019 – while more work has been done completing the outside façade, the one-story, 10,000 s.f. size has not expanded beyond minimum requirements to become eligible for EB-5 Visa Program funding.

Regarding the Count of “Conversion” of EDA assets to Tran’s personal benefit, Elledge writes on behalf of his clients, “The only Warren EDA funds allegedly retained by ITFederal are a $10 million loan pursuant to a promissory note and a deed of trust and some $1.5 million pursuant to a Memorandum of Understanding. Thus, ITFederal received those funds in accordance with such agreements. Plaintiff does not – and cannot – allege a breach of such agreements, and it, therefore, alleges no right to immediate possession of the funds. Rather, it lawfully controls them subject to the terms of the loan documents and the MOU …

“The only payments due to Plaintiff is the repayment terms of the promissory note, and it has not – and cannot – allege that ITFederal has breached or defaulted on any of its contractual obligations,” the Tran/ITFederal filing in support of its motion for dismissal states.

But at issue for the EDA as plaintiff is an alleged fraud perpetrated by Tran in conjunction with McDonald in her role as EDA executive director and possibly others, to acquire the loan, gift of property and “Subsequent Payments to ITFederal”. That fraud is alleged to involve a $140 million in purported ITFederal government contract the plaintiff found no evidence exists – though Elledge asserts it does – as well as websites said to create a false impression of financial viability of Tran companies the plaintiff asserts there is no discovered substantive support of, and false representations of Tran’s personal worth and intentions of investment in this community.

“Plaintiff does not allege any cohesive fraudulent scheme here, but rather a series of independent transactions connected only by the involvement of Defendant McDonald … In the portions of the Complaint referencing Mr. Tran and ITFederal, Plaintiff obscures who actually made what representations at issue by repeating the phrase ‘Tran and Defendant McDonald represented, through McDonald (emphasis in context) … Such vague construction fails to establish Mr. Tran’s connection to the alleged misrepresentations by omitting how Mr. Tran managed to represent anything ‘through McDonald’,” the Tran/ITF filing states, adding, “By lumping Mr. Tran together with Defendant McDonald and referencing ‘multiple occasions,’ Plaintiff unsuccessfully tries to create an impression of wrongdoing without articulating who made what statement to whom on which occasion.”

From a different angle, Tran/ITFederal attorney Elledge echoes Jennifer McDonald attorney Lee Berlik’s argument that his client is being villainized for the alleged actions of other defendants and/or bad decisions by past EDA boards.

“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 (emphasis in context),” Berlik wrote in his April 16 filing on his client’s behalf, adding, “The Warren EDA is looking for someone to blame for every decision it now regrets since new leadership has taken over – and Ms. McDonald is it.”

File photo of EDA board meeting, circa 2016-17, with since-deceased Patty Wines holding the chairman’s seat. Empty seat to left is Jim Eastham’s, who was absent as he battled the cancer that eventually killed him. Other members from left are Ron Llewellyn and Greg Drescher, resigned effective March 23, 2019, Executive Director McDonald, Wines, long-time Treasurer Billy Biggs who resigned last October due to health issues, now Vice-Chairman Bruce Drummond and Toray’s Brendan Arbuckle who resigned when he left the area. Standing is County Administrator Doug Stanley giving an update on County business.

From Tran’s legal perspective he has simply taken advantage of a series of sweetheart deals offered by the EDA Board of Directors at the urging of friends in high places, including Congressman Goodlatte and the EDA’s then executive director.

What could possibly be wrong with that?

At issue in the wake of the filing of the series of defense demurrers for dismissal of the cases against their clients is will that question in regard to all defendants ever be argued in front of a jury in a Warren County or any other courtroom?

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EDA in Focus

‘Ghosts of EDA Loans Past’ come back to haunt county supervisors

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The most interesting part of Tuesday evening’s Warren County Board of Supervisors meeting was likely behind closed doors after the board adjourned to Closed/Executive Session for a legal-based answer to North River Supervisor Delores Oates question as to what benefit to the County and its taxpayers there was in approval of a Resolution admitting a “moral obligation” to continue to pay the debt service on bank loans made by the EDA during its developing financial scandal, circa 2016 or so. There was one of three loans at issue of particular interest – the $10-million-dollar loan to Truc “Curt” Tran’s ITFederal company poised to jumpstart commercial redevelopment at the 149-acre portion of the former Avtex Superfund site known as the Royal Phoenix Business Park.

North River Supervisor Delores Oates particularly wondered why it remains in the County’s interest to continue covering debt service on the Town/EDA-sponsored ITFederal loan. Anxious to see commercial redevelopment begin on a portion of the former Avtex Superfund site in town, the Front Royal Town Council made a one-month, which grew to three-months, ‘bridge loan’ of $10-million to the ITFederal project to illustrate Town support of that project to a skeptical bank targeted to finance the project. Below, five-plus years later an unoccupied, un-permitted building constructed at an estimated cost of $2 million or less memorializes the entire debacle. Further below, I guess the building looks kind of like what ITFederal presented back in 2016 – at least the first floor. Royal Examiner Photos by Roger Bianchini

Of particular interest, because the “moral obligation” for that loan was initially believed covered by the Town of Front Royal, whose elected officials agreed to provide a $10-million-dollar “bridge loan” requested by then EDA Executive Director Jennifer McDonald to indicate to First Bank and Trust that “the community” stood behind the loan and proposed project it supported. That request for and Town show of financial support for the ITFed project came despite the fact the company showed virtually no assets other than the three acres at the Royal Phoenix/Avtex site valued at slightly over $2-million-dollars that was “gifted” to the company by the EDA behind closed doors for one dollar.

A clue to what the county supervisors heard over about 15 minutes in Closed Session may have been offered by the board’s action out of it. After some hesitancy in response to the Chair’s call for a motion on the Resolution, Oates’ motion for approval of the “EDA First Bank and Trust Support Agreement”, seconded by Walt Mabe, passed by a unanimous roll call vote. The vote commits the County to continue to absorb those “moral obligation” payments through the Fiscal Year 2021-22 at an estimated cost of $214,000.


In open session, responding to questions about the Resolution in support of the “EDA First Bank and Trust Support Agreement”, County Administrator Ed Daley mentioned consolidation of three loans, including the above-mentioned ITFederal loan (at $9,551,500), as well as a First Bank and Trust Line of Credit ($8,691,600), and a First Bank of Strasburg loan ($3,450,000). Contacted later, Daley cited one condition that would bring the EDA’s payments to the bank on the ITFederal loan in line with what ITFederal pays the EDA monthly at about $42,000. Before the EDA payments fluctuated to more or less than the ITFed payments, sometimes as much as $7,000 a month more.

After County Administrator Ed Daley, left, summarized the proposed ‘First Bank and Trust Support Agreement’ and Supervisor Oates asked ‘Why?’ the County should continue to assume moral obligation payments it may not be responsible for, Interim County Attorney Jason Ham, right, suggested a Closed Session might be most appropriate to answer that question.

Despite the commitment to an estimated $214,000 in payments through this fiscal year, the board’s unanimous vote in support of its moral obligation payments likely reflects negative consequences were the County to bail on covering an EDA debt mid-fiscal year. But again, the agreement is only to the end of the current fiscal year, June 30, 2022. What might the future of “moral obligations” related to the “Ghost of EDA Loans Past” bring in FY-2022-23? – Stay tuned for another seasonal episode of “A Front Royal-Warren County EDA Carol”.

Thermal Shelter bathrooms

County Administrator Daley was also prominent in responding to another matter raised by three speakers during Public Comments about things, not on the meeting agenda. That was the elimination of two bathrooms in the Health and Human Services Complex at the old 15th Street middle school utilized by the County and involved churches and civic organizations to house the community’s homeless indoors at night during the winter. Opening that discussion was First Baptist Church Pastor Christy McMillin-Goodwin, followed by Aneita Bryant and Jim Bunce.

First Baptist Church Pastor Christy McMillin-Goodwin opened Public Comments discussion of how communications broke down between involved Thermal Shelter parties on the removal and delayed replacement of indoor bathrooms nearest the winter homeless shelter.

That trio said an alternate plan for mobile outdoor restrooms was unadvisable due to security and additional personnel to monitor out-of-building night trips, as well as potential severe weather issues. Noting a replacement plan that would not have new indoor facilities in place in time for this winter’s thermal shelter setup, these speakers wondered how the removal plan had been initiated without notice to those involved in helping the County operate the thermal shelter. Bryant suggested allowing access to the next closest indoor facilities.

In responding, Daley said he had been at point for the County in initiating the bathroom removal due to failing pipes that caused toilet backup issues. He said he had envisioned a much quicker turnaround in replacing the removed indoor facilities in that section of the building than ended up being the case. He promised to work proactively with those involved to see that an adequate alternate overnight option was available when the thermal shelter opens as winter arrives.

Public Hearings

Also Tuesday following public hearings, the board unanimously approved three Conditional Use Permit applications, two for short-term tourist rentals and one for a private use campground. Following application summaries by Planning Department Deputy Director Matt Wendling the first two CUP applications, Charles and Lou Ann Dotson’s for the Private Use Campground on their property on Burma Road in the Man-Da-Lay Subdivision; and Jacob W. Lott Jr. and Sandra J. Kiepfer for a short-term tourist rental on their 1.6-acre lot on Little Indian Road in the Blue Mountain Subdivision in Linden went to a vote with no public hearing speakers. Wendling did note that a letter from the chairman of the Blue Mountain Property Owners Association had been received, expressing “no problem” with Lott and Kiepfer’s short-term tourist rental application.

Up last were Nicole and Sean McMinn with a short-term tourist rental permit application for their 2.42-acre property on Sagar Drive in the Highland Estates Subdivision in the Fork District. Again, there were no public speakers after the applicants responded to the board chair’s offer to summarize their request. The D.C.-based couple told the board they had run into little opposition from neighbors, and what opposition there had been from neighbors was not from those closest, but with property over a thousand feet from theirs.

Nicole McMinn and her husband Sean marshaled neighbor and tourism-related business support for their short-term tourist rental permit application.

And while there were no public speakers, the McMinns noted a number of letters to the board from supporters of their short-term tourist rental CUP application, which they asked to be read into the meeting record. Board Clerk Emily Ciarrocchi then read nine letters of support, including one with “25 to 30” signatures. Several of the letters, including one from the owner of the Downriver Canoe Company, noted positive impacts on tourism-related businesses from short-term renters. One letter noted, “They come; they spend; they leave”.

The board then made its final unanimous vote of approval on a motion by Archie Fox in whose district the applicant’s property lies, seconded by Walt Mabe.

Following that vote, Happy Creek Supervisor Tony Carter noted a “Bless you” included in one of the letters read by the clerk that was well-timed to a sneeze by someone present in the government center meeting room.

Approaching an election he chose not to be a part of two days after Halloween this year, Tony Carter was on a comic roll Tuesday evening suggesting politician as perhaps the scariest costume for the Oct. 31 to Nov. 2 window.

In fact, facing a future out of the public eye politically – Carter did not file to be on the ballot for reelection to his Happy Creek seat in November – Carter appeared at times Tuesday to be auditioning for Comedy Club spots during his member report and at various other times during the meeting. In fact, his coming local election, Halloween costume advice during his member report led three of his four colleagues to decline to try and “follow that act”.

See all the fun, business, and other public perspectives, including opening Public Comments speaker Michael Williams question as to whether a recent church-sponsored candidates forum in which the moderator was shown prior to the forum to have contributed to one church-associated candidate’s campaign could threaten that church’s tax-exempt status on U.S. Constitutional separation of church and state guidelines, in the County video:

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EDA in Focus

EDA gets McDonald company property as part of settlement agreement

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On Wednesday, October 20, Warren County Economic Development Authority Board of Directors Chairman Jeff Browne verified the EDA’s acquisition of the 41-acre “Happy Creek Road” parcel owned by former EDA Executive Director Jennifer McDonald’s Moveon8 real estate LLC. Acquisition of the undeveloped property assessed at just over a million dollars according to county court records is part of the $9-million-dollar no-fault settlement agreement reached between the EDA, McDonald, and the Harrisonburg Bankruptcy Court handling McDonald’s 2020 bankruptcy filing. The EDA will now be able to market the property as a developable EDA asset. It is located near the intersection of Happy Creek Road and Leach Run Parkway.

Browne said that in addition to receiving full value on the Happy Creek parcel, the EDA was in line to receive a percentage of the sale price of other McDonald assets distributed through the bankruptcy court proceeding. Exactly how close those percentages might get the EDA to the $9-million-dollar settlement figure remains to be seen. It was not immediately clear as to whether the EDA will have an outright full value claim to any other McDonald-held properties or assets.

The FBI and VSP were both involved in the April 2019 search of McDonald’s former office; below, being locked down after her resignation under mounting investigatory pressure by her board on Dec. 20, 2018. Royal Examiner File Photos by Roger Bianchini

McDonald is the central figure in the EDA financial scandal that began unravelling in mid-to-late 2018. She resigned in December 2018 under mounting pressure from her board of directors. She has been accused in civil and criminal court of utilizing her EDA position to misdirect EDA assets to her and others personal benefit. Western District of Virginia federal authorities have taken over the criminal side of the EDA case after a state special prosecutor’s office in Harrisonburg dropped criminal charges against McDonald and as many as 23 co-defendants due to speedy trial concerns as it wrestled with the volume of evidentiary material – estimated at 800,000 to over a million pages at the time. With charges against some defendants originating with the county commonwealth attorney’s office that initially handled the criminal investigation during Brian Madden’s tenure heading the department, failure to meet speedy trial timelines could have led to defense motions for dismissal of criminal charges against the defendants.



Jennifer McDonald booked during state criminal prosecution process in 2019.

On August 31, 2021, federal prosecutors made their initial move, handing down a 34-count indictment against McDonald. Of those 34 counts, 16 were for money laundering, 10 for bank fraud, 7 for wire fraud, and 1 count of aggravated identity theft regarding someone identified as “T.T.” – ITFederal principal Truc Tran perhaps?

ITFederal principal Truc ‘Curt’ Tran on site at EDA parking lot, adjacent to his now floundering construction project, on Dec. 20, 2018, the day Jennifer McDonald resigned as executive director of EDA. Tran expressed distress at the potential of McDonald’s departure at the time. Could Tran, whose $10-million loan for the Royal Phoenix project was the largest single item listed in the initial EDA civil litigation, have now accused McDonald of ‘aggravated identity theft’ regarding EDA financial dealings with him and his company?

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EDA in Focus

EDA completes audits for 2018 and 2019; 2020 audit is next

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The Board of Directors of the Front Royal and Warren County Economic Development Authority accepted its audited financial statements for fiscal years 2018 and 2019, today, October 5, 2021. The audit of the financial statements was conducted by the firm of Brown Edwards, CPAs of Harrisonburg, VA.

“We have received the final outside audits conducted for 2018 and 2019,” said EDA Board Chairman Jeff Browne.  “This was a huge effort on the part of Brown Edwards, and they have done very good work in challenging circumstances. Getting these two financial audits completed is a major step forward in putting the EDA’s past difficulties behind us. Now we can better focus on economic development issues to benefit the community.”

“The auditors’ letter points to three areas for improvement of internal controls,” Browne said. “It was important to make each improvement recommended by the CPAs, and we have done just that. The Warren County staff now administer the check-writing duties, collection of rents, and have layers of approvals for expenses within EDA and the County administration that were not there three years ago.”

The audited financial statements show that, at the end of the fiscal year 2019, the EDA’s total net assets were $38,036,737, and its net liabilities were $44,575,435, resulting in a deficit net position of $6,538,698. The EDA will work with Warren County’s auditors starting with the fiscal year 2020, which audit can now be undertaken.


Final Financial Statement 10-5-21

Final Letter to governance

 The EDA Board of Directors will have their next regular monthly board meeting via Zoom on Friday, October 29, 2021, at 9 a.m.

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EDA in Focus

EDA reminds rental tenants, Small Business Loan Program clients to now send payments to WCGC

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Starting October 1, 2021, the Warren County Finance Department will take over and manage payments made to the EDA for rents and the Small Business Loan Program (RBEL and IRP). The EDA will no longer be accepting payments at their office or office address.

Please continue to make your check or money order to the EDA. You must hand-carry or send your payments to:

Warren County Government
ATTN: Finance Department
220 N. Commerce Ave.
Front Royal, VA 22630

Any payments sent to the EDA will be returned. As a result, you may incur fees for late payment. We appreciate your cooperation. Thank you for your attention to this matter.


(Press Release)

 

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EDA in Focus

EDA briefed on structural and legal options in closed session; gets open session updates on committee work during transition phases

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The EDA Board of Directors met Friday, September 24, for their regular monthly meeting. The Board went into closed session for approximately 90 minutes to discuss transition, personnel, 2018- 2019 draft audits, loan restructuring, and disposition of property. The Board returned to open session at approximately 10:20 a.m. Jeff Browne, EDA Chair, opened the session with an overview of the transition. Browne asked each board member to report on their assigned transition project.

EDA Board Chair Jeff Browne, red shirt at the head of the EDA ‘roundtable’, prepares to get committee chair reports on their work as the EDA transitions toward new staff and possibly a new administrative structure under consideration by the County Supervisors. Supervisors Chair Cheryl Cullers and Walt Mabe were present for the briefings. Royal Examiner Photos by Roger Bianchini

Search Committee-Transition: Dr. Tom Patteson, reported the committee met and reviewed applications. Three applications were submitted to the county administrator. The county and EDA will work together in selecting replacements for the Administrative Assistant and Executive Director.

Finance Committee-Transition: Jim Wolfe reported the “numbers” on the 2108 and 2019 audits are final. Jim Wolfe stated the management letter will be revised and recommended a special meeting for next week to finalize and accept the audits for 2018 and 2019. The Board agreed and the date of the meeting will be announced. Mr. Wolfe will also be meeting with the finance personnel at the county in the next several weeks.


Marketing Committee-Transition: Scott Jenkins, Chair reported the 38-page PowerPoint presentation is complete. The marketing material can be tailored to specific clients. The marketing is targeted on the Core Industries: Advance Manufacturing, Transportation and Logistics, Information Technologies, and Food Processing. Scott reviewed documents and key data. The marketing material is organized and stored on the EDA network. The September Marketing Committee report included other updates and visions including Small Business opportunities, focus on the Strategic Plan, and marketing opportunities with VEDP, Site Selector Guild, and Trade shows in 2022.

Administration Committee-Transition: Jorie Martin reported Gretchen Henderson prepared an Operation Manual for future reference. The manual is detailed in all the operations of the office including resources to use. The new administrative assistant as well as the EDA Board are well prepared to transition smoothly. Mrs. Martin reported The EDA now has the capability to update portions of the website in-house. This week a meeting section was added so the public can go to the site and see upcoming meetings.

Jorie Martin launches into her Administration Committee report, noting that departed Administrative Assistant Gretchen Henderson had prepared what she termed ‘a bible’ for EDA administrative operations for her successor, wherever they are located, to work from. Below, Asset Committee Chair Greg Harold reported the development of ‘The Stage Gate’, a comprehensive document standardizing the process for disposition of EDA-held property.

Asset Committee: Greg Harold reported the transition and updates on the assets of the EDA were complete. Doug Parsons worked closely to make sure all projects are up to date.

Greg Harold presented the Project Management – Stage-Gate: The Stage-Gate is a comprehensive document standardizing the process for disposition of property. The document will be reviewed and discussed at length at the October board meeting.

Motions coming out of Closed Session: The Board approved the technical revisions to the EDA By-Laws adopted at the August meeting. The Board approved the Board Chair, and Secretary to sign documents for the restructuring of the EDA debt with First Bank and Trust. All documents will be reviewed by legal counsel.

Other items that the Board of Directors addressed included an expression of gratitude for all the work done by Executive Director, Doug Parsons. Jeff Browne expressed and the boards’ appreciation for all the hard work and effort to bring the EDA where it is today. Through Doug’s efforts, the EDA has sold property, expanded business, and brought new business to the town and county.

The next monthly EDA Board Meeting is scheduled for October 22, 2021.

 

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EDA in Focus

County moves toward restructured EDA staffing in hopes of restored municipal cooperation – 6 CUPs approved, 5 for short-term tourist rentals

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At its meeting of Tuesday evening, September 21st, the Warren County Board of Supervisors made the first official move toward an altered structure of its, and the Town’s, Economic Development Authority futures. That move was unanimous 5-0 approval, on a motion by Delores Oates, seconded by Walt Mabe, of County Administrator Ed Daley’s presentation of a “Request to Create a Warren County Office of Economic Development”. As reported in our recent story, County work session takes unexpected turn on EDA front – ‘Reunited’ operational option broached, the supervisors elected to have Daley forwarded an idea originally slated for Closed Session discussion at a September 14 work session, in open session that day. That idea is to have an Economic Development Director’s staff position under the municipal government umbrella, rather than as a staff position hired by the board of an independent Economic Development Authority (EDA), albeit an EDA board appointed by the municipal government or governments that created it.

In response to Tony Carter’s question about involving the existing EDA Board in this restructuring process, County Administrator Ed Daley, below, said they were alerted to the potential of it prior to Doug Parsons announced resignation. Royal Examiner Photos by Roger Bianchini

As we understand it from subsequent conversations with Daley following last week’s supervisors’ work session, that in-house EDA director’s position would work in the best interest of both the county’s municipal governments, networking what it appears at this point will continue to evolve into two unilateral Town and County EDAs. Now theoretically, both the existing WC EDA and FREDA – the Front Royal EDA that is in the interview stage of establishing a board of directors – could create their own independent Offices of Economic Development with their own executive directors. But the impetus after last Thursday’s resurrected Town-County Liaison Committee meeting appears to be to work together to select an executive director who will work to the mutual benefit of both municipalities while networking with two EDA Boards of Directors.

Confusing? Perhaps – but it would cut payment of the six-figure salary range position in half if both municipalities could agree on the concept and a person to fill that conceptual central administrative position. For with a statewide trend toward regional EDA cooperation in a highly competitive economic development environment, what future would this community’s economic development have with dueling EDAs competing, not only with other regional governments’ economic development structures but with each other’s, particularly when the WC EDA has control of significant portions of economic development properties inside the town limits?


The answer to that question has, perhaps, already been given in the pending October 1st departure of WC EDA Executive Director Doug Parsons, to a county directly to our east where as one local observed upon hearing the news, “Warrenton isn’t suing Fauquier County” (or perhaps more accurately, its EDA).

And a move toward “us and us” from “us versus them” in County-Town relations was a reoccurring theme for several supervisors involved in last week’s first Liaison Committee meeting since January. Both Board Chair Cheryl Cullers and Delores Oates commented on the positive feeling they carried out of that meeting that the deteriorated relationship featuring hostile litigation involving the Town and existing WC EDA, and canceled face-to-face meetings of elected officials on matters of mutual interest, might be turning a corner. Of course, as the third county board member at that Liaison Committee meeting, Walt Mabe, wondered during it: Why can’t we return to one, re-tooled EDA working to both the County’s and Town’s benefit, with one executive director not alleged to have had their hands in both municipalities’ economic development pockets?

And in a loosely related item, as part of the September 24th WC EDA monthly board meeting, departing Executive Director Doug Parsons’ last, the agenda includes the information that the long-awaited 2018 and 2019 EDA audits have been completed by the contracted auditing company and are awaiting EDA Board approval. Stay tuned for more developments on the auditing front. – Maybe the completed audits could even establish exactly how much of whose money went where and is owed to who by whom, negating the necessity for the continued dueling Town-WC EDA civil litigations. As previously reported, the sitting council ignored then-Mayor Gene Tewalt’s 2019 advice to accept the offer of the WC EDA to sit down with accountants rather than attorneys to follow the money to establish exactly who was owed what on the back end of the EDA’s now $62-million-dollar financial scandal.

Shenandoah Shores Short-Term Tourist Rental applicants Jilian Greenfield and Richard Butcher brought the supporting ‘troops’ comprised largely of neighbors in support of their application to head off any continuation of a questionable Shores POA assertion the use was forbidden by neighborhood covenants. The Public Hearing count was 13-0 in support of their proposal, which passed unanimously.

But off that “movie script”, in other business the supervisors approved six Conditional Use Permit (CUP) requests Tuesday, five for Short-Term Tourist Rentals, and one for alterations to a Kennel Permit. See all these discussions, public comments, and votes in the County video; and see the meeting agenda cover page with the full list of CUP application public hearings linked here:

 

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Feels like: 63°F
Wind: 3mph WNW
Humidity: 72%
Pressure: 29.9"Hg
UV index: 0
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Upcoming Events

Oct
23
Sat
11:00 am Fall Farm Days: History of Sky M... @ Sky Meadows State Park
Fall Farm Days: History of Sky M... @ Sky Meadows State Park
Oct 23 @ 11:00 am – 5:00 pm
Fall Farm Days: History of Sky Meadows @ Sky Meadows State Park
Historic Area.  During Fall Farm Days History Weekend, step back in time and see history come to life. Stroll through the Historic Area buildings, interact with our living historians and discover our links to historic[...]
11:00 am The Farmer’s Forge @ Sky Meadows State Park
The Farmer’s Forge @ Sky Meadows State Park
Oct 23 @ 11:00 am – 5:00 pm
The Farmer’s Forge @ Sky Meadows State Park
Blacksmith Shop in the 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[...]
1:00 pm Paint Class for Kids Ages 8 and up @ Strokes of Creativity
Paint Class for Kids Ages 8 and up @ Strokes of Creativity
Oct 23 @ 1:00 pm – 2:30 pm
Paint Class for Kids Ages 8 and up @ Strokes of Creativity
This is a painting class for children 8 years old and up. Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at Strokes of Creativity. Date: Saturday, October 23,[...]
Oct
24
Sun
11:00 am Fall Farm Days: History of Sky M... @ Sky Meadows State Park
Fall Farm Days: History of Sky M... @ Sky Meadows State Park
Oct 24 @ 11:00 am – 5:00 pm
Fall Farm Days: History of Sky Meadows @ Sky Meadows State Park
Historic Area.  During Fall Farm Days History Weekend, step back in time and see history come to life. Stroll through the Historic Area buildings, interact with our living historians and discover our links to historic[...]
11:00 am The Farmer’s Forge @ Sky Meadows State Park
The Farmer’s Forge @ Sky Meadows State Park
Oct 24 @ 11:00 am – 5:00 pm
The Farmer’s Forge @ Sky Meadows State Park
Blacksmith Shop in the 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[...]
6:30 pm Benefit Concert for Front Royal ... @ Riverton Church
Benefit Concert for Front Royal ... @ Riverton Church
Oct 24 @ 6:30 pm – 8:00 pm
Benefit Concert for Front Royal Police @ Riverton Church
Riverton Church is hosting a benefit concert featuring the Mr. Ron Dye (director) and the Riverton Church Symphonic Wind Orchestra as well as Yesterday Swing Orchestra. Free Admission: Offering taken to benefit the Front Royal[...]
Oct
25
Mon
11:00 am Art Class for K-1st @ Strokes of Creativity
Art Class for K-1st @ Strokes of Creativity
Oct 25 @ 11:00 am – 12:00 pm
Art Class for K-1st @ Strokes of Creativity
This class is for Kindergarten and First Grade. Perfect for home schoolers. Recommended ages: Ages 5 and 6 Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at Strokes[...]
1:00 pm Art Class for 2nd & 3rd @ Strokes of Creativity
Art Class for 2nd & 3rd @ Strokes of Creativity
Oct 25 @ 1:00 pm – 2:00 pm
Art Class for 2nd & 3rd @ Strokes of Creativity
This class is for Grades 2nd and 3rd. Perfect for home schoolers. Recommended ages: 7 and 8 years old Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at[...]
Oct
28
Thu
10:00 am Senior Painting Class with Dottie @ Strokes of Creativity
Senior Painting Class with Dottie @ Strokes of Creativity
Oct 28 @ 10:00 am – 12:00 pm
Senior Painting Class with Dottie @ Strokes of Creativity
Senior Painting Class with Dottie at Strokes of Creativity. Tickets: CLICK HERE Cost: $80 for 6 weeks Dates: Thursdays – Oct 21, Oct 28, Nov 4, Nov 11, Nov 18, Dec 4 Time: 10 am[...]
1:00 pm Art Class for 4th & 5th @ Strokes of Creativity
Art Class for 4th & 5th @ Strokes of Creativity
Oct 28 @ 1:00 pm – 2:00 pm
Art Class for 4th & 5th @ Strokes of Creativity
This class is for Grades 4th and 5th. Perfect for home schoolers. Recommended ages: 9 and 10 years old Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at[...]