Warren County Report

Posted by Dan McDermott at 07:31 PM | Permalink | Comments (0) | TrackBacks (0)

Photo by Roger Bianchini. Copyright 2007 by Warren County Report.

Public’s right to know at issue as accident investigation continues

By Roger Bianchini and
Dan McDermott
Warren County Report

As the Town of Front Royal ponders how slow is slow enough to keep its streets safe for its citizens, a Dec. 11 accident has left one citizen seriously injured and law enforcement to ponder policies on how fast is fast enough to offer backup for routine traffic stops.

Division II Virginia State Police Public Information Officer, Sgt. F.L. Tyler said Trooper D.E. Forrester observed a Front Royal Police traffic stop “and something he saw alerted him to what he thought was not routine about that traffic stop.”

However, Front Royal Police Chief Ronnie Williamson said to his knowledge the traffic stop in question was considered “routine.” Williamson said FRPD Patrol Officer Xavier McCombs issued no ticket as a result of the stop. While Williamson acknowledged McCombs likely cut the traffic stop short when the accident occurred within his sight, departmental procedure would not have been to cut the driver loose with only a warning if a more serious offense such as drunk driving was suspected.

Tyler confirmed the 22-year-old Forrester was responding as backup to the FRPD traffic stop when his marked 2007 Ford Crown Victoria State Police Cruiser slammed into a 1987 Crown Victoria driven by 36-year-old Lee Barrett of Front Royal. Barrett, who lives with his wife Cynthia on Strasburg Road, is believed to have pulled into the trooper’s path attempting to turn left out of the East Coast Gas Station/Convenience Store on the west side of Shenandoah Avenue.

Tyler’s initial information was that Forrester was southbound into town when the accident occurred. The impact of the collision, which occurred at 10:12 p.m., left the trooper’s car facing north.

That the state police vehicle was traveling over the speed limit of 35 mph was evident by the condition of the vehicles, both described as total losses in the wake of the collision. By state code, emergency vehicles, including law enforcement are not bound by speed limits during calls.

Cynthia Barrett said her husband remained hospitalized at the UVA Medical Center in Charlottesville with serious injuries to his chest and stomach. By Dec. 17, Barrett’s condition had been upgraded from critical to guarded, she said.

“He’s been so drugged I’ll talk to him and he’ll open his eyes for a second and then go right back to sleep, so I really haven’t been able to communicate with him,” she said.

Forrester, a one-year veteran of the state police, was treated for an injured hand at Warren Memorial Hospital and released the evening of the accident.

Information forthcoming?

Tyler said Forrester’s speed at the time of the accident may never be released due to Freedom of Information exemptions related to internal personnel issues.

Tyler also said the same restrictions apply to accidents involving law enforcement that apply to the general public on the release of accident information. Tyler pointed out police only releases names, types of vehicles and charges stemming from accidents.

So in addition to Barrett’s name and vehicle description, it is also known he was soon charged with multiple offenses, including DUI, 2nd offense, driving on a suspended license and refusal to take a breath or blood test. Trooper J.C. Schiavone filed those charges against Barrett.

Based on a phone conversation with her husband earlier the evening of the accident, Barrett’s wife said she believes her husband was intoxicated at the time of the accident. She said she called his cell phone earlier that evening and offered to pick him up so he would not have to drive. It was an offer he unfortunately declined.

“We’ve got to wake up – drunk driving is nothing to play with. I love my husband but what if he hit a car with children in it? He could have killed people. He could have been killed,” Cynthia Barrett said.

Tyler said the result of the state police investigation of the accident being headed by Sgt. J.D. Stump of the Kernstown office would “presumably” be turned over to the Warren County Commonwealth’s Attorney’s Office for review.

“I would hope that at the end of the day all the pertinent information will be made available – and I assume it will be in a court of law,” Front Royal Town Councilman Stan Brooks said.

U.S. 340/522 on Front Royal’s northside was closed for two-and-a-half hours following the accident as the police investigation into what happened began. The state police accident scene reconstruction team will assist in the investigation. All departmental crash investigations proceed through the state police chain of command for review, Tyler said, adding that Forrester was not placed on administrative leave in the wake of the accident.

Common sense & safety

Questioned about departmental policies on officer responses to calls, Warren County Sheriff Daniel McEathron said all deputies goes through extensive training before being put into a law enforcement vehicle and that each deputy is responsible for the operation of that vehicle. McEathron said the speed at which deputies drive depends on the circumstances of the calls they are responding to.

“You don’t need every deputy from every corner of the county racing at the same time to get to an accident on exit 13 of I-66,” McEathron said. “Each department should have a set of procedures on responses to different types of situations. Speeds reach pretty high miles per hour during a pursuit and a lot of things go into how the deputy evaluates whether to pursue or to continue to pursue. A deputy should take into consideration braking distance, the time of day, road conditions, conditions of the surrounding area, whether it is rural or residential and whether that deputy is the first responder or a subsequent one.”

McEathron also said that in most cases a deputy would not go more than 20 miles per hour over the speed limit on an average call. “But if an officer has been shot or something you are going to go faster.”

FRPD Chief Williamson added, “An officer has to use judgment to determine the proper speed to get to a scene. We will call an officer down from a pursuit if we feel it is unsafe to continue the pursuit.”

Front Royal Town Councilman Tom Sayre, who knows the families of both Forrester and Forrester’s wife, said of the trooper, “He’s a fine individual, I’ve personally observed him and he appears to me to have sound judgment. I’ve never seen Dale Forrester not use sound judgment.”

State codes

While state law does not limit the speed at which law enforcement can respond to calls, the code language does require that basic safety standards be observed. Virginia State Code § 46.2-920, Section A states, “The driver of any emergency vehicle, when such vehicle is being used in the performance of public services, and when such vehicle is operated under emergency conditions, may, without subjecting himself to criminal prosecution: 1. Disregard speed limits, while having due regard for safety of persons and property.”

Sections A and B of § 46.2-920 seem to give conflicting messages about the use of emergency equipment. Section A-7 states, “Notwithstanding other provisions of this section, vehicles exempted in this instance will not be required to sound a siren or any device to give automatically intermittent signals.”

However, subsection B adds, “The exemptions granted to emergency vehicles by subsection A of this section shall apply only when the operator of such vehicle displays a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 and 46.2-1023 and sounds a siren, exhaust whistle, or air horn designed to give automatically intermittent signals, as may be reasonably necessary.”

Tyler said initial witness reports indicate Forrester had his cruiser lights on, though he may not have had his siren activated at the time of the crash.

Posted by Dan McDermott at 05:47 PM | Permalink | Comments (0) | TrackBacks (0)

Photo by Roger Bianchini. Copyright 2007 by Warren County Report. 

Deeper issues remain as vice-chair leaves in midst of Party infighting

By Roger Bianchini
Warren County Report

Front Royal attorney and Town Councilman Tom Sayre has officially resigned from the Warren County Republican Committee. Sayre made the announcement in a Nov. 30 paid newspaper advertisement.

Prior to the Nov. 6 election, Committee Chairman Bridget Madden issued an internal e-mail calling for a post-election committee meeting to deal with what she alleged were violations of committee rules by a sitting member of the Republican Committee Executive Board. While never named, Committee Vice Chairman Sayre was identified as the member in question by several committee members. Madden refused comment. The rule in question was public support of candidates opposing Republican candidates for office.

Sayre has steadfastly denied any rules violations. He says he has an affidavit to support his case with the committee and has questioned the motive of what he called a campaign of innuendo against him. However, rather than air the committee’s dirty laundry publicly, Sayre chose to resign.

“Unfortunately this whole affair has been based on nothing but innuendo and rumor, not facts. I am concerned about the presidential campaign coming up,” Sayre told Warren County Report. He added that Republicans should be focused on unity rather than internal bickering as national elections approach.

“The lack of evidence speaks for itself. Those involved in repeating rumors know their own motivations,” Sayre said. “The present chairwoman was not even willing to speak with me or offer any proof of any nature. Any time someone has been willing to go on the record in the press, they know absolutely nothing wrong I have done and then say that they think others are the problem, without naming who the ‘others’ are.”

A Republican Committee meeting called by a petition of the committee membership for Dec. 20 has been cancelled at Madden’s request in the wake of Sayre’s resignation from the committee.

While committee member and Shenandoah District Supervisor Richard Traczyk sees deeper internal issue than the allegations against Sayre, he agreed with the decision to cancel the Dec. 20 meeting – “It is time to move on,” Traczyk said. “However, I don’t feel Tom is the only problem, assuming he is guilty of the accusations. Several of us feel others in the Committee supported non-Republican candidates as well but stayed under the radar screen.

“I feel the whole Party needs to refocus. We have Republicans dropping out of the Party to run as Independents, we have members dropping out of the Party to support a non Republican, we have the ‘weekend’ Republicans that join just before elections, get Republican support and after the election are never heard from again.

“It seems to me that running for office today is about getting elected and not about Party principles. It seems to be about personal agendas and self-interest and doing what ever it takes to get elected. I guess I am idealistic about working for the people of this county, I hold principles of the Party in high regard,” Traczyk said.

While county political committee members, both Republican and Democratic, are not asked to sacrifice their Constitutional right to support whomever they want and vote their conscience in elections, their “voluntary” membership in local political action committees is cited as a commitment to abide by committee rules. Among those rules is unequivocal support of Party nominees regardless of any philosophical differences.

In another internal committee e-mail, Madden praised members who resign to support non-Party candidates rather than maintain their membership while supporting opposition candidates.

Madden has also refused comment on the source of the recent allegation against Sayre. But sources close to the committee say Sayre was targeted in the wake of a citizen’s visit to Maddens’ South Royal Avenue law office, which also serves a committee headquarters. Purportedly, a woman requested a campaign sign of Democratic North River District candidate Glenn White, along with several Republican campaign signs. Sayre was supposedly identified as the source of negative information about White’s opponent, Republican Ron Llewellyn by the visitor. It is believed to be that visitor Sayre has the aforementioned affidavit from.

The allegation Sayre was seeking a non-Party opponent to run against Llewellyn led to a public confrontation between the two outside a committee meeting early this summer. Despite their Party affiliation, Sayre and Llewellyn have very divergent perspectives on a number of issues – hey, they say politics makes for strange bedfellows. But despite their past political and personal differences, Llewellyn is among those committee members left wondering if Sayre hasn’t been singled out for selective enforcement of Committee rules.

Posted by Dan McDermott at 05:43 PM | Permalink | Comments (0) | TrackBacks (0)

Citizen Llewellyn’s patience with some critics is running thin. Photo by Roger Bianchini. Copyright 2007 by Warren County Report. 

E-mail targets Llewellyn, county staff in insider-trading land strategy

By Roger Bianchini
Warren County Report

One day after expressing his gratitude for the opportunity to serve and his dislike of some of the intricacies of political infighting, outgoing North River Supervisor Ron Llewellyn responded harshly to the most recent in a series of widely circulated e-mails by one political antagonist.

On Dec. 19, Llewellyn made available to the local media a response to an e-mail circulated by Bill Pierceall the previous day.

“Understand one thing Mr. Pierceall: on Jan 1, 2008 I no longer have to tolerate your BS and slander and I look forward to the opportunity to hear you explain to a judge how what you say and write is NOT slander and liable,” Llewellyn wrote Pierceall by AT&T “Blackberry.”

Llewellyn’s terse message came in the wake of an e-mail Pierceall distributed to a list of 47 recipients, including local media, elected officials, political Party heads and private citizens. Pierceall’s Dec. 18 e-mail, entitled “Courthouse Records: A Pattern Emerges” alleges to chronicle the courthouse paper trail of Llewellyn’s mid-2004 purchase of the 201-acre Catlett Mountain property.

In it, Pierceall revisits earlier questions he has raised about potential conflicts of interest from Llewellyn’s tenure as a sitting county supervisor and land developer and former County Attorney Doug Napier’s role as Llewellyn’s corporate attorney while also serving as county attorney.

“Llewellyn has used the same threat of libel against other critics, notably Mr. Hoover. It is his way of chilling criticism and avoiding having to answer uncomfortable questions,” Pierceall said of Llewellyn’s Dec. 19 message.

In the past Llewellyn has publicly addressed the fact that at a 2004 closed board meeting on possible county land acquisition, when it immediately became apparent the subject was a property – Catlett Mountain – he was also interested in purchasing, he made board and staff aware of the fact and left the meeting.

Insider trading?

In his e-mail Pierceall questions how Llewellyn immediately secured a loan for $1.65 million on a property he just purchased for $550,000, outbidding the county.

“Did Marathon Bank take comfort in knowing that the County Attorney was also your agent for the property? Did the bankers have this type of information and, if so, where did they get it? Did you give it to them? We are asked to believe the information about possible County use of the Catlett Road property as a western bypass right-of-way was still locked away behind the closed doors of the closed meeting [where Doug Napier and Doug Stanley were present],” Pierceall wrote.

Contacted Dec. 19, Napier said while he was Llewellyn’s attorney he didn’t recall ever working on the Catlett Mountain purchase and said he has never fed any information on county purchasing strategies or prices to Llewellyn.

Concerning Stanley’s possible role in what he views as a Machiavellian land-purchasing strategy, Pierceall wrote, “It was a full 18 months after your purchase on 7 Sept 2004 when Douglas Stanley, on 7 March 2006, made a suitable-for-public-consumption dog and pony show presentation before the BOS. Putting lipstick on the pig, so to speak, Stanley promoted, at considerable length, a western bypass route through your Catlett Road property … Stanley cited 30-year-old ideas, outdated plans, old traffic studies, and his personal opinions.”

Concerning Pierceall’s reference to a 2006 “dog and pony show” pushing the need for a western bypass through Llewellyn’s property, Stanley said such a road through that area has been a part of the county’s 20-20 Transportation Plan since 2000/2001. He also said Pierceall’s e-mail insinuation VDOT had pooh-poohed the notion such a road might be of value to the community was untrue.

Stanley noted that increases in local traffic and a documented upswing in through traffic in the area made planning for future transportation alternatives a logical one. He also recalled that the county’s had been the lowest of what he believes were a total of four bids on the Catlett Mountain property.

Llewellyn calls the allegations he and county staff worked together on land deals for personal profit absurd, untrue – and as of Jan. 1 legally definable as slander and libel. In the past Llewellyn has pointed out he and Napier are lifelong friends and business associates. He also commended Stanley for his professionalism and personal integrity.

“I guess we’ll have to see if this continues after Jan. 1,” Llewellyn said of Pierceall’s yearlong e-mail assault.

Slander or question

In an e-mail response to Llewellyn the evening of Dec. 19, Pierceall references Wikipedia definitions of slander and libel and questions Llewellyn’s hostile stance.

“Under United States law, libel generally requires five key elements.” Pierceall quoted from Wikipedia. “The plaintiff must prove that the information was published, the defendant was directly or indirectly identified, the remarks were defamatory towards the plaintiff’s reputation, the published information is false, and that the defendant is at fault.” Pierceall goes on to cite a variety of legal defenses to slander and libel litigation.

“I am no legal scholar by any stretch of the imagination, but I believe everything I have written is defended by one or more of the above referenced defenses to a libel/defamation lawsuit.

“You may disagree, that is your privilege. However, in your position as an elected public official, I encourage you to exercise debate in a public forum to discuss any or all of the issues raised. There usually are two sides to every public disagreement; I would like to hear you speak publicly to the issues raised,” Pierceall told Llewellyn.

History & info

Pierceall’s criticism of Llewellyn in lengthy, widely distributed e-mails has proceeded throughout the past year and recent political campaign – a losing one for Llewellyn. Questioned on Dec. 19 about his suddenly upping the ante with the threat of litigation, Llewellyn explained.

“I have met with attorneys in the past and they verified what I know, that as a political figure I have to have thicker skin. On Jan. 1, I will no longer have to put up with that BS,” Llewellyn said, referencing the end of his term as the North River supervisor. “The bottom line problem is I’m not going to take too much more of this.”

The “this” Llewellyn referenced are what he asserts are factual inaccuracies and innuendos of criminal behavior against him and others. Referring to the Dec. 18 Pierceall e-mail, questioning the cost of the Catlett Mountain property and subsequent bank loans held against the property, Llewellyn said, “It was so factually inaccurate and the math was so terrible I can’t figure out where he got some of his numbers from. And his insinuations were all wrong.”

Among those insinuations are that Llewellyn has used his political position and friendships to make a series of land purchases where potential bypass routes have been discussed by the county.

“He talks about me purchasing land on the northside because now there is discussion of a bypass there – but what he doesn’t know is that I own all the land next to it.”

Of the information contained in his e-mail, Pierceall said, “I gathered my info by actually going down to the courthouse and using their computer to search the real estate data base for key words such as ‘Llewellyn,’ ‘Catlett Road,’ ‘Swan Farm.’ I spent a tidy sum at fifty cents per page to make hard copies of the various documents the searches revealed.”

Tune in next year for Round 2 of the Rumble in the Jumble of Warren County politics.

Posted by Dan McDermott at 05:37 PM | Permalink | Comments (0) | TrackBacks (0)

Yesterday was one of those days.

The fun began when we pulled into the already busy lot and began our  quest for that elusive parking spot, preferably one within a half mile of  the mall.  Surprisingly, we found one rather quickly.  And the thirty  minute walk was good exercise.

Once inside, my wife is greeted by a woman on a mission.  To spray  smelly perfume on my wife.  My wife has a mission of her own.  To avoid the  smelly spray.  After a testy exchange, we move on.

We arrive at store number one to buy a gift for, who else, but my  mother-in-law?  As mother-in-laws go, I can’t complain, but don’t ask me to shop for the woman.  That’s asking a bit much.  We make some  progress, but need to look elsewhere.

At store number two, my wife picks the perfect purse.  By the way, just  how many purses does a women need?  The line to pay is long but moves  at a good pace.

We leave the mall and head back to the car.  That’s when we encounter  another of the holiday shopping pleasures.  You feel the eyes upon  you.  Arriving shoppers, trying to snag that parking spot, stalk you as  you return to your car.  Out of the corner of your eye, you can see them  cruising through the lot at speeds approaching 1 mile per hour,  waiting, just waiting to see which car is yours.  Sometimes, when I’m in the  mood, I imagine the FBI is following me and I try to shake them by  cutting across rows of cars to confuse them, or doubling back a time or  two just for my own enjoyment.

Having successfully escaped the authorities, we’re off to Barnes and  Noble.  We typically enjoy browsing through book store shelves, but not  today.  Today, our goal is to finish as quickly as we can.  My  sister-in-law loves to read, but I don’t know what books she already has.

How about a gift card?  Perfect.  But if it’s not a large enough amount, how cheap will I look?  Geez.

Next store, sporting goods.  My wife’s oldest brother likes to fish.  Once again, we have no idea what he needs.  A quick call to his son  and my wife tracks down his favorite lures.  They look like metal shoe  horns with long hooks on the end.  Whatever.

A quick stop at one of my favorite places, the Dairy Queen, to buy more  gift cards and a treat for two weary shoppers gives us renewed  strength.

Off to Best Buy, the last stop of the day.  I have $10 in coupons to  use.  My plan is to buy a CD for a good friend.  Thirty minutes later, we  walk out with $300 in phones and no CD.  How did that happen?  And  those coupons? The clerk didn’t ring them up correctly.

“Go to customer service and they’ll take care of it for you,” the  girl at the register tells me.

“Thanks,” I mutter as I trudge off to stand in another line.

Ah, holiday shopping.  I love it.

Bah humbug.

Mr. Engle is already looking forward to the after Christmas sales.  You  can bet a fruitcake in a pear tree he’ll be at the mall at 6AM on  December 26th.

Posted by Dan McDermott at 05:31 PM | Permalink | Comments (0) | TrackBacks (0)

Amy and Mitch Hazim, owners of Vintage Swank in the old Boston Store building, have drawn the ire of the Board of Architectural Review for unauthorized renovations to their building (far right). One BAR critic drew comparisons to the prison in the movie “Shawshank Redemption” and alleged the visual integrity of Front Royal’s historic downtown has been violated. A town council battle is brewing over what Bret Hrbek calls undue restrictions on property owners. Photo by Roger Bianchini. Copyright 2007 by Warren County Report.

Council hopes to improve relations with county, EDA as 2008 approaches

By Roger Bianchini
Warren County Report

The Front Royal Town Council ended the year with two items several councilmen said they hoped would improve what have been often strained relations with other local governmental agencies over the past year.

Passed unanimously by council on Dec. 17 were first, funding of a joint town-county Wayfarer Sign project designed to consolidate and beautify directional signage throughout the community; and second, approval of a resolution calling for a joint work session with the county to discuss the future direction of the Front Royal-Warren County Economic Development Authority.

The initial contribution of both the town and county to the sign project is an even split of $6,425.31, or $3,212.66 each (wonder who picks up the odd penny?); the cost of establishing a consensus with the county and the EDA over future economic and community planning – priceless!

With some of the Wayfarer Sign project signs pointing toward the WCGC and the Royal Phoenix site it seemed logical that following approval of the sign funding the next item of business was passage of the joint work session resolution involving the county and EDA. The EDA’s office complex now housing several tenants including The Wayside Theater in the old American Viscose-FMC-Avtex Administration Building was the first tangible economic redevelopment at Royal Phoenix.

In explaining his call for the resolution directing the joint work session, Bret Hrbek said he thought with the EDA in a time of transition the timing was opportune to meet to establish whether the dog has been wagging the tail or the tail has, in fact, been wagging the dog in the EDA’s recent relationship with the municipalities that fund it.

EDA Executive Director Paul Carroll resigned suddenly by letter on Nov. 30. Then EDA Board Chairman Mike South resigned his volunteer position to take over Carroll’s position on what is projected to be a four-month interim basis.

Relations between the town and EDA soured earlier this year when South sent a letter to the mayor declining a second work session requested by council to discuss the extension and funding of a contract with planning consultant SRI International.

Council responded to the perceived slight by declining to contribute its $14,000 share of the $130,000 annual contract to begin implementation of SRI’s “Community Roadmap to the Future.” The EDA, county and chamber of commerce went forward with the SRI contract and project without the town’s direct involvement, though SRI officials and other stakeholders have constantly called for the town to reinitiate more direct involvement in the project. The current SRI contract runs out at the end of March, coincidentally perhaps, the timeframe the EDA has put on naming a new Executive Director.

“We need to reassert who is directing who and not have an agenda pushed on us,” Hrbek stated. “There are two elected bodies and one that is appointed by them. I think the EDA should be accountable to those who fund it, rather than vice versa.”

“I think we need more cooperation with the EDA but I hope we’re not at the point where we’re saying the EDA is not doing its job,” Gene Tewalt replied to Hrbek. “There may be some glitches but I feel personally they are doing a good job.”

Eileen Grady agreed with Tewalt that the EDA has been performing its primary function of guiding the community’s economic development well.

Stan Brooks agreed with Hrbek that it is the town and county’s responsibility to oversee EDA operations. Brooks also agreeed that now was an appropriate time for the county and town to meet to determine the EDA’s role as a quasi-governmental entity appointed and funded by the two municipalities.

Which way?

The $6,425.31 of Wayfaring Sign Project money – the county approved its half the following day – will pay for design, peripheral material and the signs themselves. A staff report said a total of 19 locations have been determined for the signs. The signs posted at all major entrances to the community and key locations in town are designed to “welcome, orient and guide” citizens and visitors to major points of interest throughout the community – and look good while doing so. It is hoped the project will eliminate redundancy and cluttered signage at cross-purposes in the town and county.

Destinations include obvious ones like Shenandoah National Park, the Skyline Drive, Skyline Caverns, Historic Downtown Front Royal and the Visitors’ Center and Warren County Courthouse situated in that downtown. Other destinations will include the new Warren County and Skyline High Schools, Bing Crosby Stadium, the Skyline Soccerplex, the Royal Phoenix site, Randolph-Macon Academy, Christendom College, the Northern Virginia 4-H Center, Front Royal-Warren County Airport, Samuels Library, the Happy Creek Technology Park and finally the two municipal seats – the Front Royal Town Hall and the Warren County Government Center. There is also a reserved blank space, one might assume for the Wayside Theater if a final deal is struck to keep a satellite location of the landmark regional playhouse at Royal Phoenix after Wayside’s Middletown home base theater reopens next year.
With all those directions maybe the town and county can find some love on the road to rational and cooperative governance … it’s possible, really … isn’t it?

Rude BAR?

Early in the meeting Hrbek expressed distress at the recent actions of the Board of Architectural Review citing the new owners of the old East Main Street Boston Store building for unapproved renovations to the exterior front façade.

“As a property rights individual I am distressed [the owners] should have to go through all this rigmarole after investing a lot of money into fixing that building up,” Hrbek said. He suggested council explore the repeal of Historic District restrictions downtown and consider disbanding the BAR.

Brooks said he was unfamiliar with the meeting tape Hrbek referred to in calling the BAR hearing “rude and embarrassing.” However, he suggested council not leap into a blanket repeal of existing policies designed to maintain the historic and architectural integrity of its downtown, a major tourist attraction.

I-81, traffic & lights

Several councilmen and the town manager acknowledged the local traffic impacts of the Dec. 14 accident on I-81 near Mt. Jackson. The overturned tanker that spilled fuel into Cedar Creek created havoc on state and local roads all over the Northern Valley.

Graham said the town got calls from citizens thinking the town’s traffic lights had created the huge traffic backups that at times extended from Strasburg Road and I-66 to beyond the Commerce Avenue-North Royal Avenue intersection. Actuall Graham pointed out that 10 of the town 13 traffic lights now were operated by camera censors that adjusted timing to traffic flow. Unfortunately, Graham added, the three lights not yet outfitted with the new technology are the Main Street, South Street and Jackson Street intersections with North Royal Avenue – or “why are we stopped?” row as it is affectionately known.

Graham also pointed that VDOT, not the town controlled the lights at the often-congested Riverton intersection approaching the North Fork Bridge work.

Posted by Dan McDermott at 05:26 PM | Permalink | Comments (0) | TrackBacks (0)

Property owner and Crooked Run developer Tom Mercurio pleads his own case. Photo by Roger Bianchini. Copyright 2007 by Warren County Report. 

Commercial expansion crucial to saving/destroying our way of life

By Roger Bianchini
Warren County Report

The ongoing debate over how much is enough continued before the Warren County Planning Commission in December.

The “how much” in question is retail – mostly national chain – shopping and dining opportunities and the sales and property tax revenue they bring to the community. Also of great interest to a large number of speakers and observers at three Dec. 12 public hearings before the county planning commission were proffered improvements to two softball fields on agriculturally zoned land in the county’s near northside sought for commercial retail development.

At issue is expansion of the smaller of the county’s two new northside retail shopping centers, the Target-anchored Crooked Run Center. Crooked Run businesses began opening their doors in July as the first of what is forecast to eventually be over 800,000 square feet of under-roof shopping, dining and other commercial opportunities on both sides of U.S. 340/522 comes available to Warren County’s 40,000 or so residents.  Phase One of the Crooked Run project is conceived to have over 250,000 s.f. of commercial space. The Wal-Mart/Lowe’s-anchored Riverton Commons Center across U.S. 340 will eventually come in at around 500,000 s.f. of retail space.

Bigger is better

The proposed Phases Two and Three of the Crooked Run Center could triple its size. It includes space for the possible expansion of the Warren Memorial Hospital complex, though Valley Health is exploring other locations as well. However, Warren County Planning Commission Chairman Mark Bower’s job as a chief financial officer of WMH has led him to abstain from votes on the Crooked Run expansion request.

Bower’s abstention led to a 2-2 vote on the first of three requests presented to the planners and a full house of interested citizens at the planning commission’s meeting of Dec. 12. That vote was on a request to amend the county Comprehensive Development Plan to accommodate the second request, the rezoning of 86 acres west of the existing Crooked Run Shopping Center and just north of Interstate-66.

The planners deadlocked, with Harry Krum and Ron Mabry dissenting, on a motion to recommend changing the Comprehensive Plan’s description of the future land use of the 86 acres from Agricultural to Commercial.

However, only Krum opposed the subsequent motion to approve the rezoning of that 86 acres to commercial without changes to the Comp Plan. Krum, the Shenandoah District planner, recommended a Public Hearing on revisions to the Comp Plan prior to a vote on the Crooked Run rezoning request. During Glenn White’s successful campaign for the North River District supervisors’ seat, the former county planning commission chairman made an issue of strict adherence to the existing Comprehensive Development Plan as a precaution against setting precedents he believes could undermine county control of its future land use.

Following its 3-1 approval of Crooked Run’s specific rezoning request, the planning commission pulled the reigns back on forwarding a blanket recommendation of approval, voting 4-0 to table a request for a Conditional Use Permit for the expansion project.
Crooked Run Attorney and 18th District Delegate Clay Athey was not discouraged by the mixed bag of votes.

“I think in the final analysis in Warren County’s interest, the best thing that could happen happened tonight. What they did was stick to that commitment of not amending the Comprehensive Plan while at the same time allowing the rezoning to go forward because it made sense at this time. The planning commission agreed with our assertions that basically this is the next best place in Warren County for large retail users. And I think the fact we have performed in the past weighed heavily in their decision,” Athey said of his client’s past work with the county on access and other issues tied to Phase One of the Crooked Run Center.

During his October unveiling of the Crooked Run expansion plan, Athey described additional major road proffers tied to the new project as creating what he termed the county’s first “urban intersection.” At that time Athey identified businesses committed to or interested in an expanded Crooked Run location off the I-66/U.S. 340 intersection as Kohl’s and hoteliers Marriott and Hilton.

“Do we really want to look like L.A.?” Krum asked then.

Enough?

The approval of the existing Crooked Run and Riverton Commons Centers and another approved rezoning that would accommodate a third major retail development on the south side of Rockland Road have led Krum to suggest the county planners take a breath before forwarding recommendations on additional commercial development on the county’s northside.

Krum also pointedly questioned the necessity of the developer’s proffered softball field improvements that accounted for much of the public support heard on Dec. 12. Krum asked County Administrator/Planning Director Doug Stanley why portions of the county’s nearby 219-acre Fishnet property could not be developed into a Sherando Park-like athletic complex, including softball and other new fields and recreational amenities. Stanley said that with the amount of property available to the county at Fishnet all things were possible, if yet to be determined. In justifying the 2005, $2.1 million Fishnet purchase, county officials pointed to the property’s potential for multiple capital improvement projects from an administrative office complex, to school site and parks and recreation expansion.

The rezoning debate occurred in front of a packed Warren County Government Center meeting room of people, including landowner Tom Mercurio and project manager Ed Murphy, as well as others with a less direct stake in the project. That latter group included the parents of girl’s softball players and one girls’ softball coach, former Warren County Republican Committee Chairman and mid-to-late 1990’s county supervisor Matt Tederick.

Not enough!

Tederick dusted off his old, fire and brimstone political speaking style in urging the planners to send forward a recommendation of approval. Tederick, a financial services professional, harkened back to his tenure on the county board and lashed out at opponents of economic expansion.

“I sat there on the bench and listened to only a few, only a handful of people making irrational arguments as to why Warren County did not need to progress,” Tederick said warming to his task. “It’s now been 10 years and I’ve been listening to those, like one commission member, who do not want Warren County to progress … I’ve sat by and listened to those, like one individual, who believes Warren County has enough,” Tederick said, staring pointedly at Krum. “Well, I’m here to tell you tonight, we do not have enough. I’m tired of my wife and my mother driving to Winchester to shop and buy clothes. I’m tired of my daughters, [the] 8-year-old girls on my softball teams, the grandparents that come and watch these children … going to [the] bathroom in a Johnny-Blue during a softball game … We owe these children more. We owe our shoppers more …”

Tederick cited the ongoing expansion of the industrial and commercial tax base as the only way to fund the infrastructure improvements tied to growth without unduly raising the tax burden on citizens. Since the early 1990s the county has increased its commercial-industrial tax base from 7 to 15 percent, with 25 percent generally being considered an optimum figure.

But ultimately Tederick said what was before the planners wasn’t about ballfields, tax revenue or shopping opportunities, but rather best future land use. And continuing the county’s commercial expansion adjacent to what has already been approved is that best future land use, Tederick asserted.

Changing perspectives?

Asked if he was troubled by the potential the Crooked Run proposal will come before a more conservative board majority next year, Athey said, “Actually I am very encouraged by the makeup of the coming board of supervisors. You have two former chairman of the planning commission (Traczyk and White) on that board of supervisors. They will understand the same arguments that were made here tonight … In addition, I think the remaining members are people who for many, many years have been committed to Warren County’s future and to the future of the 522 Corridor. I think this incoming board will understand completely where we are coming from and work closely with us to accomplish that.”

Ultimately it is the classic debate of capitalism that will come before the board in 2008 – people need things and people need ways to pay for things, including an expanded marketplace for those things. In exchange for the right to profit from the community’s need for products and retailers’ need for space from which to market those products, developers offer tax income and infrastructure proffers designed to convince municipalities that more is, indeed, better.

Posted by Dan McDermott at 05:20 PM | Permalink | Comments (0) | TrackBacks (0)

By Roger Bianchini
Warren County Report

As the current Warren County Board of Supervisors’ final meeting of 2007 approached, two-term Chairman Richard Traczyk had time to reflect on both the past and future challenges facing a board that will begin 2008 with two new members, Linda Glavis and Glenn White on board and two familiar faces, Ron Llewellyn and Gray Blanton gone with the wind.

Both Blanton, who chose not to run after being appointed to fill the seat of South River Supervisor Scott Weinberg, who left the area last year, and defeated North River incumbent Ron Llewellyn expressed gratitude to their fellow board members and the public in farewell statements on Dec. 18.

Traczyk also expressed gratitude to the incumbent board for their hard work. Later he reflected on that work and the challenges of coming years.

“I am proud of the accomplishments this Board has made over the past few years. They are monumental in nature and will have more long-term impact on this community than anything in the recent memory of Warren County. I think we have accomplished most of the goals I set as an elected official four years ago. We have new schools and the entire school system has improved tenfold. We have a new stadium that is the pride of the Valley, many new additions to the park system, the list of accomplishments goes on and on.

“This Board has supported and assisted in developing the 522 corridor with new businesses so we can now shop at home and yes, collect taxes from those endeavors to pay for Capital improvements and infrastructure work for the betterment of all of us. We supported Fire and Rescue, and Law Enforcement. One has only to read the papers about those success stories.

“The facts are; taxes are one of the lowest in the area, the growth rate has stayed within the comprehensive plan and currently is the lowest in recent memory. The County finances are sound and we have one of the best bond ratings a County can obtain to back up that claim. This Board leaves the County in extremely sound financial shape: a low taxes rate, a low growth rate, a growing tax base that does not depend upon property taxes, a sound school system, again, the list goes on and on.

“I want to thank the Staff and especially this Board for supporting me as Chair for the past two years through some difficult times and good times. To those leaving the Board, they should hold their head up high and be proud of the our accomplishments serving the people of this community.  Those of us that stay, 2008 will have new challenges and we will persevere and move on.  Changes in the political world are inevitable and part of the landscape.”

Traczyk then turned his gaze forward.

“I feel 2008 will be an exciting year. We will see the U.S. 522 commercial corridor mature. Construction of the two major shopping centers will be completed and open for business, adding a strong tax base for our community, leading to a year that we will not need to raise taxes. Other approved shopping centers and convenience stores will start construction and be completed late in 2008 and ‘09. I feel we will see a slow down of the industrial development segment for a number of reasons, as available land becomes an issue and the business climate cools in the next year.

“I see an increasing demand upon the county with regards to available office space as the county grows. Health Services, Social Services, Sheriffs Dept, School Board, and the court system are all asking for more work space. We have completed our 20-Year Capital Improvement Plan and 2008 will bring those issues to a head where priorities and funding will be addressed.

“I see the town and county renewing relationships as the need is so important to work together. I see a framework being developed over time that will enable meaningful discussions to take place. This will take time and a concerted effort, but it can be done. The town needs to be part of the SRI program and finalize its Comprehensive Plan so we can move forward collectively.

“I feel the new Board will be more conservative in its approach to growth, taxes, and only time will tell how close the Comprehensive Plan will be adhered to. I suspect the new Board members will have an agenda as we all did when first elected.

“I feel we all will agree on continuing to support the School 20-Year Facilities Plan, which will enable the renovation of the old high school to begin in 2008.

“I see housing construction remaining at an all time low, as prices are out of reach for many.  I predict some local builders will have serious financial issues unless they planned for this situation. I feel it will turn around but not for several years.

“The coming year will be a challenge, as they all are, but if the county board works together as it has in the past, we will continue to keep and maintain all the positive reasons people move to and live in Warren County and Front Royal.”

Perhaps sensing the political winds of change blowing through the halls of the Warren County Government Center, Traczyk concluded by announcing he will not seek a third consecutive term as chairman.

“After discussing the issue, I have decided not to pursue the chairman’s position in 2008. I have had great moments in my life and being chairman of the Warren County Board of Supervisors and serving the people of Front Royal and Warren County the past two years is at the top of the list.”

Posted by Dan McDermott at 05:17 PM | Permalink | Comments (0) | TrackBacks (0)

Good food makes for strange table-fellows, from left, George Glavis, Gene and Juanita Tewalt, Pat and Chris Ramsey and Linda Glavis. Photo by Roger Bianchini. Copyright 2007 by Warren County Report.

By Roger Bianchini
Warren County Report

On Dec. 12 at the Bowling Green South Country Club, the Warren County Builders’ Association celebrated the season, another year and some friends at their annual dinner.

Among invited guests were town and county officials and officials-elect, including Town Councilman Gene Tewalt and his wife Juanita, Shenandoah District Supervisor Dick Traczyk and his wife Carol, Tony Carter, Ron Llewellyn, Linda Glavis and her husband, George, and Warren County Chamber of Commerce President Sharon Baroncelli.

One special guest was wounded Iraq War veteran Sgt. Arthur “Bunky” Woods and his dad, Art. Art and Bunky acknowledged the help offered by a number of the local builders in outfitting the family’s home to be handicap-accessible so that Bunky could come home. The builders also hosted a Bachelor Auction this year that raised over $60,000 to help the Woods family with expenses, including the purchase of a wheelchair-accessible van. Bunky may be still be largely paralyzed from the Sniper’s round he took overseas in his role as a squad leader evacuating wounded GIs in the field but he still likes to get around with friends and family for a night out here and there – Hey Bunk, see you and some of the boys at “The Pot” soon.

Art Woods made a point of acknowledging all those who helped the family upgrade the Woods home, they include: Creative Touch Painting, Buracker Construction, Cline Construction, Art Saffelle General Contractor, New Look Kitchen & Bath, Sonny’s Heating and Air Conditioning, Payne Supply, Ferguson Enterprises, Standard Supply, Valley Lumber, Rappawan and Adkins Construction.

In concluding his remarks Art Woods told those present, many included on the above list, that the way they rallied around Bunky and the Woods family made him appreciate the value of more tightly-knit small communities like Front Royal and Warren County.

Posted by Dan McDermott at 05:12 PM | Permalink | Comments (0) | TrackBacks (0)

Supervisor Linda Glavis. Phot by Roger Bianchini. Copyright 2007 by Warren County Report.

Newly and re-elected members of the Warren County Board of Supervisors and School Board were in good spirits as they were sworn in Dec. 19 before family, friends and staff in the more glamorous of two Warren County Circuit Courtrooms. Circuit Court Clerk Jennifer Sims did the swearing in, in the absence of a sitting judge in the county that day. Sims, an elected Constitutional Officer in her own right, assured those present she was street legal to do the honors. 

Posted by Dan McDermott at 05:06 PM | Permalink | Comments (0) | TrackBacks (0)

Editor:

I read “Powershift Toward The Future … “ in the Mid-December issue, and am glad to hear the town manager has been charged with working with citizens to facilitate energy conservation.  The threat of global warming is real, and its initial effects already seem to be coming to pass.  I believe we all have an obligation to do our part to prevent an environmental catastrophe that could threaten society’s very existence.  To this end, I have some simple suggestions for the town to help cut its green-house gas emissions:

• Remove all 4-way stop signs within town limits.  It is not necessary for all vehicles to have to come to a stop, idle while confused drivers decide who should go next, and then accelerate towards the next stop-sign.

• The stop sign at the intersection of Chester St. and Royal Ave. should be removed and replaced by a yield sign… you know  just like the yield sign that worked fine at that intersection for 50 years before it was replaced with a stop sign.  I’m sure there are other useless stop signs in the town that could also be replaced by yield signs.  Imagine the increases in fuel economy to be had for vehicles traveling in town by following these three simple suggestions - not to mention the time saved by citizens.

I look forward to the town adopting some common-sense solutions in its plan to reduce green-house gas emissions.

Rob Olinger
823 N. Shenandoah Ave.
Front Royal, VA

Editor:

I am alarmed to read that the majority of the Front Royal Town Council has voted to fund the development of a coal-burning power plant along the Ohio River.

If built, this power plant would aggravate global warming, advance mountain-top removal coal mining, stimulate construction of new transmission lines and increase pollution of our air, water and land.

Coal combustion is a primary contributor to what may be the greatest crisis facing our entire planet ­global warming. I view the Town Council’s decision to support the development of a coal-fired power plant as cynical and socially irresponsible.

An ulterior motive behind the recent push to quickly plan for and build additional power plants is to “beat the clock” on significant regulation of greenhouse gas emissions that are likely in the coming years. When this legislation is enacted, ratepayers will ultimately bear the financial consequences of the power plants’ failure to control polluting emissions. I don’t believe that the electricity consumers of Front Royal need or want the financial risk that is associated with investing in dirty coal-fired power.

I ask that our Town use our resources to increase investment in clean energy sources and energy conservation measures. It is our responsibility to step forward and choose the path of stewardship and integrity. We should focus on smart solutions for our energy needs.

Let us take our first step on a journey to create a 21st century energy policy of which we can be proud.

Front Royal can do better. Let us support clean energy now!

Kristen Adams
1121 Summit Ave
Front Royal, VA

Posted by Dan McDermott at 05:00 PM | Permalink | Comments (0) | TrackBacks (0)

Lead attorney Patrick McSweeney

Localized, non-legislative ‘taxing’ authority at root of Constitutional challenge

By Roger Bianchini
Warren County Report

Lead attorney Patrick McSweeney has announced that the Virginia Supreme Court will hear oral argument in the Marshall, et al. v. Northern Virginia Transportation Authority, et al case on January 8, 2008, at 9:00 am.

The appeal is of Circuit Court ruling upholding, among other issues, the Virginia Legislature’s right to authorize appointed regional authorities to use bond issues as defacto taxes to pay for specific regional projects, in this case the building and improvement of roads.

Eight plaintiffs, including high-profile state Republicans Robert G. Marshall and Richard H. Black, initially challenged passage of the 2007 Transportation Act on a variety of Constitutional grounds from unauthorized transference of taxing authority to the inclusion of Civil Remedial Driving fees as a fundraising method of the Act.

Responding to the lower court ruling, the plaintiff’s argue in a brief filed on Nov. 27, “If the decision of the Circuit Court is correct, the General Assembly can delegate to unelected bodies or to private entities all of the taxing power that has been vested in it by the people.”

McSweeney argues that such authority would allow such appointed regional entities to tax a segment of the state’s population through bond issues without being subject to taxing restrictions placed on the legislature or local governments by the state Constitution.

“These authorities would be independent of the Commonwealth even though the only powers that they would exercise would be powers delegated to them by the General Assembly.  This cannot be the law,” McSweeney argues in his brief.  “It defies logic and common sense, ignores the history, structure and purpose of the Constitution of Virginia and runs counter to the obvious intent of the people who ratified that Constitution and emphatically rejected proposed constitutional amendments in 1990 and 1998 that would have eliminated the voter referendum requirement for tax-backed transportation bonds … The necessary implication is that the General Assembly can delegate neither its taxing power to unelected authorities nor the power to incur tax-supported debt, which the General Assembly itself is constitutionally prohibited from issuing.”

The high court’s decision will have a profound impact on whether citizens’ across the Commonwealth of Virginia must be taxed equally to support road improvements in specific areas of the state.
As the legal challenge of the Transpo Act surfaced, 18th District Del. Clay Athey commented that the Transpo Act’s funding method through agencies like the NVTA are a benefit to constituents like his, who more often live and work in more rural areas of the state and do not want to be taxed to pay for the massive road construction necessary in urbanized areas like Northern Virginia and Hampton Roads.

“But I can see where they’re coming from,” Athey said of the plaintiffs. “If I represented constituents from those areas I wouldn’t want them to have to pay for all that construction either – you’d want it passed across the entire state.”

At the root of the argument for the statewide tax for localized road projects is that urban roads benefit the entire state economically and even serve rural residents who may commute to those areas to work or travel them periodically for other reasons.

Posted by Dan McDermott at 04:56 PM | Permalink | Comments (0) | TrackBacks (0)

It’s not the traffic lights and actually it wasn’t up there, it was down there somewhere around Mt. Jackson where a tractor-trailer overturned off I-81 dumping fuel into Cedar Creek and causing authorities to close down the interstate and divert traffic for the better part of the day. State and local roads in communites throughout the area were clogged as interstate traffic became interlocked. Photo by Roger Bianchini. Copyright 2007 by Warren County Report. 

Posted by Dan McDermott at 04:52 PM | Permalink | Comments (0) | TrackBacks (0)

West Virginia PSC witnesses weigh in against power line plan

By Roger Bianchini
Warren County Report

At the Dec. 17 Front Royal Town Council meeting Tom Sayre pointed out serious questions about the Trans Allegheny Interstate Line (TrAIL) proposal are not isolated to opposition voices in Virginia.

Sayre quoted from a West Virginia newspaper indicating strong opposition to the joint Dominion and Allegheny Power project in that state. Some of the negative opinions expressed in West Virginia come from engineers and consultant to the state’s Public Services Commission for which Sayre worked as a staff attorney for two years between 1989 and 1991. Sayre said he wanted to read into the council record the substance and level of opposition the TrAIL project is facing across state lines.

The projected TrAIL path includes Frederick, Warren, Rappahannock and Fauquier Counties in northwestern Virginia. In West Virginia the TrAIL line would extend through parts of Monongalia, Preston, Tucker, Grant, Hardy and Hampshire Counties.

The controversial proposal has already galvanized public and political opposition in northwestern Virginia. The TrAIL project is designed to accommodate future energy needs along the urbanized east coast by extending a huge 500-kilovolt power line from already controversial coal-fired power plants in the Ohio Valley through Pennsylvania, West Virginia and Virginia to an Allegheny Power substation in Loudoun County.

During a series of public hearings held by Virginia’s State Corporation Commission in impacted communities, opponents pointed out the project is not designed to provide any power benefit to the communities along its path. Virginia opponents also asserted Dominion and Allegheny power, as part of the PJM (Pennsylvania-Jersey-Maryland) regional power conglomerate, are pursuing an economic path of least resistance for themselves, while imposing undue environmental burdens on the communities along the TrAIL path. The SCC is currently reviewing the information accumulated during its hearings.

As for opinions now being expressed during the review process in West Virginia, Sayre quoted from a West Virginia Gazette article by Ken Ward Jr.

“A $1.3 billion power line across northern West Virginia won’t help the state and probably won’t cure the energy crunch, according to experts from the state Public Service Commission staff. ‘Allegheny’s application does not comprehensively list many alternatives that could ameliorate or obviate the need for the proposed TrAIL line,’ ” Sayre quoted from Ward’s story, citing Ronald L. Klein, an engineer working for two Morgantown-area groups opposing the project.

“Nor does [the power company] evaluate the quantitative potential of many of those available alternatives to not only reduce the demand increases in and along the mid-Atlantic portion of the Eastern Seaboard, but also to eliminate the future forecast increases entirely. Klein urged the PSC to force Allegheny to fully examine improving existing power lines, reducing electricity demand, building new power plants closer to the East Coast demand, and storing power in high-tech batteries for use during peak demand,” Sayre continued, quoting the Gazette story.

Among those testifying against the TrAIL project before the PSC were two consultants and one PSC staff engineer. “The two PSC consultants agreed that Allegheny’s proposal is not ‘the most economical or cost-effective means’ to cure potential northeast power outages,” Sayre stated.

Sayre later noted that a formal PSC evidentiary hearing is scheduled for Jan. 9 in what is being called “one of the biggest and most controversial cases” to come before the West Virginia PSC in years.

Posted by Dan McDermott at 04:47 PM | Permalink | Comments (0) | TrackBacks (0)

Posted by Dan McDermott at 07:43 PM | Permalink | Comments (0) | TrackBacks (0)