Early April 2019 Warren/Frederick County Report by Warren/Frederick County Report Newspaper

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Page 2 • Warren/Frederick County Report • Early April, 2019

EDA names nine defendants in $17 million civil lawsuit

A view from above the former site of Avtex Fibers, home of the Front Royal-Warren County Economic Development Authority by Jeremy Berebile.

By Timothy Ratigan Warren/Frederick County Report The Economic Development Authority filed a civil lawsuit against nine defendants for alleged involvement in misappropriation of more than $17,000,000 of the EDA’S money on Tuesday, March 26. [The lawsuit is printed in this issue.] Defendants listed in the suit are: Former Front Royal/Warren County Economic Development Authority (EDA) Executive Director Jennifer McDonald; Warren County Sheriff Daniel McEathron; IT Federal LLC and its developer, Curt Tran; MoveOn8; DaBoyz LLC; Earth Right Energy Solar Commercial LLC; and principals in Earth Right Energy Solar Commercial LLC, Donald Poe and Justin Appleton. The filings state that McDonald, who was EDA executive director for the better part of a decade engaged in several schemes to illegally obtain money from the Authority for her own personal benefit from 2016 through 2018. The filings also state that McDonald stole money, misused the EDA’s financial assets and deceived EDA leadership by withholding vital information. The suit alleges that McDonald misappropriated the assets for her personal use and at the same time conducted a campaign of deceit and exploitation that lasted for years. Other defendants named in the embezzlement suit were involved with the proposed Workforce Housing project, the Afton Inn project; the proposed Criminal Justice Training Academy; the IT Federal Loan; payments to IT Federal; unlawful payments that

concerned Earth Right Energy Solar Commercial and County and Town funds that were used to obtain personal real estate purchases. According to the court filing, “From at least 2016 until 2018, Jennifer R. McDonald, in her capacity as executive director of the Industrial Development Authority of the Town of Front Royal and the County of Warren (Warren EDA), engaged in a variety of schemes to unlawfully take money from the Warren EDA for her personal benefit. This is an action against Defendant McDonald and other confederates and co-conspirators to redress these unlawful takings and recover assets that are lawfully the property of the Warren EDA.” The filing states that McDonald has admitted to improper activities and conduct in her capacity as executive director of the EDA including taking monies from the Town of Front Royal, Virginia and Warren County of Virginia bank credit facilities for several purposes other than which they were intended. In addition, McDonald often doctored and/or created false doc-

uments and then made or directed legal consultants to thoroughly re- ahead of the arrival of a new exto be made false entries in EDA view EDA financial and account- ecutive director who is expected books and records to conceal the ing records to determine the facts. to join us this spring. For example, During this process we refrained we’ve put into place new policies diverted monies, the suit claims. The filings also claim that on from commenting about the spe- ranging from expense approvals December 20, 2018, McDonald cifics of the case to not interfere to screening of employees. We’ve admitted in an e-mail communica- with the investigation. reinstated a loan committee and tion to being liable for $2,700,000 As the lawsuit filed today indi- appointed a budget committee for cates, the EDA board never ap- additional oversight while expandin EDA losses. “This admission grossly under- proved or even had knowledge of ing the scope of the audit comvalues the extent of her theft and numerous financial transactions, mittee. We’re also seeking more unlawful distributions but is one including loans, use of lines of engagement of current board indication of her consciousness of credit for certain projects, nor members and their understanding guilt in her conduct,” the court fil- did it authorize certain work and of the responsibilities and overing reads. purchase agreements allegedly on sight duties of this unpaid, volun Sheriff Daniel T. McEathron behalf of the EDA. We, like many teer role as well as new members said, “I am in shock of the allega- others, were misled and unaware with new ideas and different pertions and want the public to know of the extent and magnitude of spectives. I have done nothing illegal, either this scheme. Most significantly, our board personally or professionally. Those We share the reaction from oth- and the Warren County Board of that know me know who I am and ers in the community when we say Supervisors already have started what I stand for and that I would we were shocked by the breadth discussions to make the County never do anything to compromise of these allegations. While we are the fiscal agent for the EDA effecmy position. Keep my family and disappointed that these transac- tive July 1, 2019. This will require my office in your prayers as I work tions didn’t come to our attention that all financial transactions be earlier through regularly sched- handled by the County and its my way through this.” This paper received a two word uled annual audits, we commit to treasurer, providing additional reply from Jennifer McDonald doing everything we can to ensure layers of oversight, protection and which said, “No Comment.” this does not happen again. We accountability so we can focus on An unsuccessful attempt was recognize that this board must what we do best – growing our remade to reach Donald Poe and regain the public’s trust while gion’s economy. Justin Appleton, principals of seeking to recover pubic funds Now, given the ongoing nature Earth Right Energy Solar-Com- and holding those responsible ac- of the continuing investigation as mercial, LLC by phone. countable for their actions. well as pending litigation, the EDA An attempt to contact Truc To that end, under the leader- board will not comment on specif“Curt” V. Tran: owner/operator ship of Interim Executive Director ics related to this case until after of IT Federal LLC was made by John Anzivino, we’ve already im- this matter is concluded. phone and was not successful. plemented a number of changes – tim@areaguides.com Warren County Board of Supervisors Chairman Daniel Please Murray,let me Boy Scoutif the ad below is OK or know if I need to make any adjustments MULCH SALE issued a press release on behalf of TROOP 22 DOUBLE SHREDDED / HARD WOOD: 3 Cubic Foot Bags the board of Supervisors which is GREAT VALUE / HIGH QUALITY & ALL NATURAL Please let meThank know if the ad below is OK orGraphic if I need to Service make any adjustments. You... Trisha, $4.00 / Bag at Stephens City Moose pick up printed in this issue. $4.50 / Bag DELIVERED to your curbside The Warren County Economic (540) 667-1133 1-800-877-2854 Fax: (540)Area) 667-1292 (Stephens Delivery Thank You... Trisha,City/Middletown Graphic Service Development Authority released Sale runs from 3/23/2019 4/28/2019 graphserv@ lumos.net this statement: Email your order to mytroop22@gmail.com (540) 667-1133 1-800-877-2854 Fax: (540) 667-1292 Like the rest of our community, or call (540) 247-7725 graphserv@ lumos.net All proceeds support Boy Scout TROOP 22 the board of directors of the Front Help Send a Scout to Camp! Royal-Warren County EDA has been eagerly awaiting the results of a comprehensive investigation related to actions taken during the tenure of our former executive director. The board has worked diligently with outside financial and

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Page 4 • Warren/Frederick County Report • Early April, 2019

Warren County Board of Supervisors Reacts to EDA Allegations On behalf of the Board of Supervisors and County staff, I wanted to express our thoughts on the allegations that have been made public regarding the operations of the Front Royal-Warren County Economic Development Authority and its former Executive Director. First let me say that we are all shocked at the breadth of the allegations. Every year the EDA has a professional audit performed by a CPA to provide a level of comfort to the EDA Board of Directors, the Board of Supervisors, the Town Council, and the citizens of Warren County that the financial operations of the Authority are handled appropriately. We have relied on those audits to ensure that the EDA was, in fact, using taxpayer dollars for the purposes intended. The EDA, through its Board and staff, provides a vital mission to our community by working to expand investment and creating jobs. Since the mid-1990s, the EDA has worked to create over 2,500 jobs and $500 million in investments in the Route 340/522 corridor. This activity allowed Front RoyalWarren County to recover from the loss of its largest taxpayer and employer, Avtex, which was shuttered in 1989. This effort took the hard work of many individuals and the financial support of the community. We know over the past few years that citizens have raised issues to the Board of Supervisors and staff. Please know that while citizens may not have seen any visible or

Letters to the Editor are welcome but must include the author’s name and town and should be emailed to: editor@warrencountyreport.com

public response to those concerns, the issues were certainly noted and looked into. When additional information was brought forward, including the concerns raised by the Town relative to the debt service payments, this ultimately led to the Board’s encouragement and financial support for the County Attorney’s hiring of a forensic auditor to perform a thorough and complete review of the EDA finances for the past 13 years. At the time, the Board of Supervisors was not sure if the issues were simply accounting errors or something far more concerning. The audit left open the potential to continue to dive deeper if and when any such issues were identified, and as we now know, the issues do indeed run much deeper and appear to show a long period of misuse of funds that hurt the reputation of the EDA, the Town of Front Royal, and Warren County. As problems were identified by the forensic auditors, the County also assisted the EDA Board of Directors by retaining the law firm of Sands Anderson to help identify legal issues and pursue appropriate methods for the recovery of identified funds. We know that expending funds to hire these two firms has drawn the ire of citizens; however, the Board of Supervisors found it necessary to bring in outside help to ensure that any and every issue has been identified and investigated thoroughly. The expenditure of these funds has caused great anxiety for the Board, but it was necessary to perform a thorough analysis and identify appropriate actions to ensure that we begin restoring the public’s trust. The Board of Supervisors has faith that the current EDA Board of Directors, the forensic auditor, and Sands Anderson (legal counsel) will get to the bottom of these issues, make sure that all of those responsible are held accountable, and make every effort to recover the money that has been embezzled. The issues appear to be systemic in the manner in which the EDA has operated. The reality is

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that the scope of the EDA’s operations have changed considerably in the past two decades, however, the processes and procedures for financial management did not. This ultimately led to the ability for the misuse of funds to occur. The Board is committed to working with the consultants and the EDA Board to put safeguards and policies in place to ensure that something like this will never have a chance to occur again in the future in our community. Restoration of the public’s trust and confidence is as important to the Board of Supervisors as recovering the public funds that have been taken from our community and holding those responsible accountable for their actions. To that end, at its regular meeting on March 22, 2019, the EDA Board of Directors adopted a resolution to request the County to serve as the fiscal agent for the EDA; this will require that all financial transactions be handled by the County and its Treasurer and will provide additional layers of oversight and protection. This is just the first step in a long recovery process.

The EDA Board, like many others, were apparently misled by the former Executive Director. They did ask questions and were given plausible explanations at the time, but unfortunately, they were unaware of the extent and magnitude of the scheme. Due to the ongoing nature of the continuing investigation, the Board will have no further comment on the matter until it is concluded. Dan Murray, Warren County Board of Supervisors Chairman Sheriﬀ responds I am in shock of the allegations and want the public to know I have done nothing illegal, either personally or professionally. Those that know me know who I am and what I stand for and that I would never do anything to compromise my position. Keep my family and my office in your prayers as I work my way through this. Daniel McEathron Sheriff of Warren County

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Member Virginia Press Association Publisher & Editor-in-Chief: Daniel P. McDermott editor@warrencountyreport.com General Counsel: Georgia Rossiter, Esquire (540) 535-2001 Managing Editor Carol Ballard: carol@areaguides.com (540) 551-0644 Copy Editor: Laura Biondi editor@warrencountyreport.com Government Reporter: Tim Ratigan: tim@areaguides.com Features Writer: Jessica Baldwin: jessica@areaguides.com Advertising Sales Manager: Alison Duvall: (540) 551-2072 alisond@warrencountyreport.com Billing Coordinator: Pam Cole billing@warrencountyreport.com Graphic Design & Layout: layout@warrencountyreport.com Contributors: Ken Thurman, Kelly Harman Kevin S. Engle, Humor Columnist Ryan Koch, Cartoonist Extraordinaire If you are interested in contributing articles to our paper, please e-mail: editor@warrencountyreport.com Press releases should be emailed to: briefs@warrencountyreport.com Printed with soy-based inks on 100% recycled paper

Early April, 2019 • Warren/Frederick County Report • Page 5

Full Text: EDA v. McDonald, McEathron, Poe, Tran, et al. VIRGINIA: IN THE CIRCUIT COURT OF WARREN COUNTY

INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF FRONT ROYAL AND THE COUNTY OF WARREN, VIRGINIA a/k/a ECONOMIC DEVELOPMENT AUTHORITY OF THE TOWN OF FRONT ROYAL AND THE COUNTY OF WARREN, VIRGINIA, Plaintiff,

for her personal benefit. This is an action against Defendant McDonald and other confederates and co-conspirators to redress these unlawful takings and recover assets that are lawfully the property of the Warren EDA. Jurisdiction 2. This Court has jurisdiction over this matter pursuant to Va. Code § 17 .1-513. Venue

v. JENNIFER R. MCDONALD, DONALD F. POE, JUSTIN APPLETON, EARTH RIGHT ENERGY SOLAR COMMERCIAL LLC, TRUC (“CURT”) V. TRAN, DANIEL T. MCEATHRON, DABOYZ, LLC, MOVEON8, LLC, ITFEDERAL, LLC, Defendants.

3. Venue is appropriate in the Circuit Court for the County of Warren pursuant to Va. Code§§ 8.01-257 and 8.01-262.

COMPLAINT

Mover Dudes

Introduction 1. From at least 2016 until 2018, Jennifer R. McDonald, in her capacity as Executive Director of the Industrial Development Authority of the Town of Front Royal and the County of Warren, Virginia (“Warren EDA”), engaged in a variety of schemes to unlawfully take money from the Warren EDA

Parties 4. Warren EDA is the Industrial Development Authority of the Town of Front Royal and the County of Warren, Virginia, with

Commercial LLC (and related companies) is a Virginia limited liability company conducting business in Warren, Virginia. 9. True (“Curt”) V. Tran is a resident of Great Falls, Virginia who conducts business in Warren County, Virginia. 10. Daniel T. McEathron is the Sheriff of the County of Warren, a former principal in DaBoyz, LLC, an associate in the financial affairs of Jennifer McDonald, and a resident of the County of Warren. 11. DaBoyz, LLC is a Virginia

LLC owned and operated by Jennifer McDonald, doing business in the County of Warren. 12. Moveon8, LLC is a Virginia LLC owned and operated by Jennifer McDonald, doing business in the County of Warren. 13. ITFederal, LLC is a Virginia LLC, on information and belief, owned and operated by True (“Curt”) V. Tran, and doing business in the County of Warren. See LAWSUIT, 6

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its principal place of business in Front Royal, Virginia. 5. Jennifer R. McDonald is the former Executive Director of the Warren EDA and a resident of Warren County, Virginia. 6. Donald F. Poe is a principal of Earth Right Energy Solar-Commercial, LLC and a resident of Warren County, Virginia. 7. Justin Appleton is a principal of Earth Right Energy SolarCommercial, LLC and a resident of Warren County, Virginia. 8. Earth Right Energy Solar-

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Page 6 • Warren/Frederick County Report • Early April, 2019

LAWSUIT, from 5

Overview 14. Defendants engaged in a variety of schemes and artifice to unlawfully enrich themselves at the expense of the Warren EDA. 15. The schemes, as set out more fully below, related to money unlawfully taken by one or more Defendants related to the following matters: a. Work Force Housing- Royal Lane Property Embezzlements; b. Afton Inn Project Embezzlements; c. Criminal Justice Training Academy a/k/a Skyline Regional Training Academy; d. ITFederal Loan; e. Subsequent Payments to ITFederal; f. Unlawful Payments Concerning Earth Right Energy, LLC; g. Unlawful Payment of Town and Warren County Funds for Defendant McDonald Owned/ Controlled Real Estate. 16. Defendant McDonald has admitted to improper activities and conduct in her capacity as Executive Director of the Warren EDA including taking monies from the Town of Front Royal,

Virginia (“Town”) and Warren County, Virginia (the “County”) bank credit facilities for several purposes other than which they were intended. In addition, Defendant McDonald often doctored and/or created false documents and then made or directed to be made false entries in the Warren EDA books and records to conceal the diverted monies. 17. On December 20, 2018, Defendant McDonald admitted in an email communication to being liable for $2,700,000 in Warren EDA losses. This admission grossly undervalues the extent of her theft and unlawful distributions, but is one indication of her consciousness of guilt in her conduct. See attached Exhibit 1. Work Force Housing-Royal Lane Property Embezzlements 18. Defendant McDonald initially advised the EDA Board that a parcel of land on Royal Lane (the “Royal Lane Property”) in the County was set to be donated to the Warren EDA so it could be developed as work force housing available to median income employees in the County. 19. Defendant McDonald later

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advised the EDA Board that, instead, the Royal Lane property would be purchased by an outside investor from the EDA for the same development purpose. 20. The Royal Lane Property in question was in fact owned by Defendant McDonald’s aunt and uncle. Indeed, McDonald’s aunt and uncle own and operate Century 21 - Campbell Realty for which entity it was later determined De-

fendant McDonald works as a real estate agent. 21. The Warren EDA Board minutes during the time of these discussions do not reflect that Defendant McDonald ever timely disclosed the true ownership of this property, or her own active real estate agent business relationships to the owners, thus depriving the Warren EDA Board of knowledge that Defendant

McDonald had an interest in the transaction. 22. The Warren EDA’s March 2016 Board minutes reflect that the Warren EDA authorized the purchase of the Royal Lane Property in an amount not to exceed $445,000. 23. Defendant McDonald advised the Warren EDA Board that the full purchase amount including any property improvement

Early April, 2019 • Warren/Frederick County Report • Page 7

The EDA lawsuit claims: “On December 20, 2018, Defendant McDonald admitted in an email communication to being liable for $2,700,000 in Warren EDA losses. This admission grossly undervalues the extent of her theft and unlawful distributions, but is one indication of her consciousness of guilt in her conduct.”

costs incurred by the EDA would be refunded to the Warren EDA by the outside investor. 24. In June of 2016, the Warren EDA closed on the purchase of the Royal Lane Property.

25. The April 2017 Board Minutes for the Warren EDA reflect that Defendant McDonald assured the Warren EDA that no taxpayer dollars were at stake in the purchase of the Royal Lane

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Property or workforce housing development cost, and disclosed she was related to the property owners but had no financial interest in the property transaction. 26. Notwithstanding this assur-

ance, and her previous assurance that an investor would pay for the Royal Lane Property, in fact Defendant McDonald did use taxpayer guaranteed dollars to purchase the Royal Lane Property. 27. Defendant McDonald used a line of credit restricted for Town and County use to purchase the Royal Lane property. This line of credit at United Bank was restricted and guaranteed by the County and the Town. The Warren EDA did not, and does not, have revenue streams adequate to make debt service payments on any lines of credit or any other available debt financing apart from the Town or County’s supported funding. 28. Defendant McDonald has admitted that contrary to her assurance to the Warren EDA that no taxpayer money would be put at risk, she knew the line of credit was in fact secured by the County and the Town. 29. Notwithstanding that the Warren EDA authorized only up to $445,000 to purchase the Royal Lane Property, Defendant McDonald in fact directed the Warren EDA to pay $577,511.50 for the Royal Lane Property which in-

cluded property settlement costs of $2,511.50. 30. Defendant McDonald engineered this additional payment through a forged sales contract for the purchase of the Royal Lane Property. 31. The original sales contract contemplated a purchase price of $445,000. See attached Exhibit 2. Defendant McDonald’s forged contract with altered purchase price information reflecting a purchase price of $575,000, included a payment of $125,000. See attached Exhibit 3. The unusual payment of $125,000 occurred on March 15, 2016 prior to and outside of property settlement to a third party. 32. Thus at closing, the sellers of the Royal Lane Property, the aunt and uncle of Defendant McDonald, and/or Defendant McDonald, were enriched by an additional $130,000 to the detriment of the Warren EDA and as a result of Defendant McDonald’s deceit and misconduct. 33. When confronted with this discrepancy, Defendant McDonald falsely stated that $575,000 was the Warren EDA authorized See LAWSUIT, 8

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Page 8 • Warren/Frederick County Report • Early April, 2019

LAWSUIT, from 7

purchase price and that the Aikens Group, a company that Defendant McDonald represented intended to develop the Royal Lane property, had repaid $125,000 of the purchase price to the Warren EDA. 34. To support Defendant McDonald’s statement that the $125,000 payment had been repaid by the Aikens Group, she provided a redacted loan statement from Ocwen Loan Servicing, LLC that omitted the property address and name and address of the Borrower. 35. Later investigation revealed, however, that $125,000 had not been repaid to the Warren EDA. Instead, records show that a check payable to “Owen Loan Servicing LLC” had been written from a Warren EDA bank account in the amount of $125,000. 36. On information and belief, this payment inured to the benefit of Defendant McDonald and/or her family. 37. The Warren EDA board did not authorize payment of this amount, nor did it approve a purchase price for the Royal Lane Property of more than $445,000. 38. At Defendant McDonald’s instruction, and notwithstanding Defendant McDonald’s representations to the Warren EDA that it would be reimbursed the costs of acquiring the Royal Lane Property, the Warren EDA conveyed the Royal Lane Property on or about November 28, 2018, to Cornerstone L.P., L.L.P. (“Cornerstone”). Cornerstone is an entity

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controlled by the Aikins Group. Cornerstone acquired the Royal Lane Property from the Warren EDA for only $10. 39. When interviewed on December 6, 2018, Defendant McDonald continued to maintain the Aikens Group would refund the Warren EDA the full cost of the Royal Lane Property and any improvements, when she knew said property had been conveyed by the Warren EDA on November 28, 2018 to Cornerstone for consideration of $10. 40. As a result of Defendant McDonald’s connivances and false representations, the Warren EDA was damaged by the Royal Lane Property conveyance and other costs for alleged improvements by approximately $651,700. Afton Inn Project Embezzlements 41. At its meeting of February 28, 2014, the Warren EDA approved the acquisition of a property containing a historic hotel located at 2 East Main Street, Front Royal, Virginia, also known as Tax Map 20A8-4-14 in the land records of the County (the “Afton Inn Property”) in connection with a request from the Town to facilitate the renovation/redevelopment of that property. 42. The Warren EDA acquired that certain property from Afton Inn LLC consisting of the Afton Inn Property pursuant to a Deed of Bargain and Sale, dated December 2, 2014 between Afton Inn LLC and the Warren EDA. 43. At its meeting of April 27, 2018, the Warren EDA approved a lease agreement and agreement to purchase real property (the “Afton Inn Development Agreement”) for the development of the Afton Inn Property by 2 East Main LLC (“2 East Main”) and conveyance thereto after such development. 44. Pursuant to the Afton Inn Development Agreement, dated May 10, 2018, between the Warren EDA and 2 East Main, the Afton Inn Property was leased to

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2 East Main and 2 East Main was to undertake various contracts to renovate the Afton Inn Property. 45. Such improvements and related invoices were to be reviewed and paid by the Warren EDA, up to the maximum amount of$2,500,000. 46. In the Afton Inn Development Agreement, rents paid by 2 East Main were to be billed by the Warren EDA back to 2 East Main reflecting debt service on a loan to be undertaken by the Warren

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submitting invoices and payments on behalf of the Warren EDA in connection with the Afton Inn Development Agreement was Defendant McDonald. 49. The Warren EDA did not obtain a separate loan to finance the Afton Inn Development Agreement; payments under the Afton Inn Development Agreement were made from existing lines of

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credit the Warren EDA had established with First Bank & Trust and United Bank, primarily United Bank and such lines of credit were restricted for Town and County development projects. 50. These lines of credit were not identified by Defendant McDonald to the Warren EDA, First Bank & Trust, United Bank, the County or the Town as potentially being used for the Afton Inn Development Agreement. 51. No approval was requested by Defendant McDonald from the Warren EDA Board, First Bank & Trust, United Bank, the County or the Town for the use of funds drawn on these lines for the Afton

Inn Development Agreement. 52. Requests for payment under the Afton Inn Development Agreement were ultimately only reviewed and submitted by Defendant McDonald to United Bank and/or First Bank & Trust for payment. 53. Defendant McDonald fraudulently doctored several mv01ces for payment by United Bank as being for the Afton Inn Development Agreement. 54. Three such invoices, one in the amount of $17,563.98, one in the amount of $13,562.31 and one in the amount of $6,539.23 were doctored from prior invoices from 2 East Main with payment in-

structions altered from the original invoices to instruct “Please make check directly to Sears.” No other invoices were submitted with such instructions. 55. Defendant McDonald carried a balance on a Sears credit card with a payment of $17,863.98 which was paid during the same billing cycle (June/July 2018) as the time during which the doctored invoices were submitted and paid. 56. Members of 2 East Main claim to have submitted no such invoices to the Warren EDA. 57. Defendant McDonald fraudulently submitted such invoices for the Afton Inn Develop-

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63. Beginning in 2015, Defendant McDonald represented to the Warren EDA that an anonymous investor planned to donate funds to construct a law enforcement training facility and shooting range for the use of law enforcement in the County and the surrounding region (the “Criminal Justice Training Academy”). 64. Defendant McDonald represented to the Warren EDA that this “anonymous investor” wanted the Warren EDA to facilitate construction of this project rather than constructing it himself for some reason, but that the “anonymous investor” would pay for the Criminal Justice Training Academy due to a fondness for law enforcement. 65. Defendant McDonald repeatedly represented to the Warren EDA that no Warren EDA, County or Town funds would be used to finance the Criminal Jus-

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ment Agreement and stole Town and County funds to pay her Sears credit card balance. 58. One such invoice in the amount of $14,250 was doctored from prior invoices from 2 East Main with payment instructions altered from the original invoices to instruct “Please make Check Payable to Chase.” No other invoices were submitted with such instructions. 59. On information and belief Defendant McDonald carried a balance on a Chase credit card or other credit facility which was paid during the same billing cycle (June/July 2018) as the time during which the doctored invoices were submitted and paid. 60. Members of 2 East Main claim to have submitted no such invoices to the Warren EDA. 61. Defendant McDonald fraudulently submitted such invoices for the Afton Inn Development Agreement and stole Warren EDA funds to pay her Chase credit facility balance. 62. 2 East Main submitted no such invoices to the Warren EDA.

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tice Training Academy. 66. Defendant McDonald later revealed to the Warren EDA Board that True (referred to as Curt) V. Tran (“Tran”), a resident of Virginia, was the “anonymous investor” for the Criminal Justice Training Academy. 67. Defendant McDonald represented to the Warren EDA repeatedly that she had received funds from Tran to finance the Criminal Justice Training Academy. 68. Defendant McDonald executed what purported to be a binding design/construction contract with Howard Shockey & Sons in the amount of $7,112,133 (the “CJTA Construction Contract”). The CJTA Contract was signed by Defendant McDonald, purportedly on behalf of the Warren EDA, and Defendant McEathron, as Sheriff of the County, and Howard Shockey & Sons as contractor. The Warren EDA never approved the CJTA Construction Contract. 69. Defendant McDonald requested the Warren EDA approve the architectural plans with Moseley Architects (the “CJTA Architectural Contract”) for the CJTA Project, but the CJTA Architectural Contract in the amount of $605,398, itself was never submitted to the Warren EDA for approval or otherwise approved by the Warren EDA. 70. Defendant McDonald approved payments in the aggregate amount $618,923.67 (the “CJTA Payments”) to Howard Shockey & Sons and Moseley Architects for design services and other services related to the CJTA Contract and CJTA Architectural Contract. 71. Defendant McDonald repeatedly fraudulently represented to the Warren EDA that these payments recorded to the CJTA

were paid through funds from the “anonymous investor” and would not be paid from Warren EDA funds or credit facilities restricted for Town and County projects. Defendant McDonald repeatedly described the CJTA to the Warren EDA Board as a project being facilitated by the Warren EDA, but paid for entirely by “investor funds.” 72. Defendant McDonald did not obtain any sort of written contract, commitment or other security from Tran regarding funding of the CJTA. 73. In 2018, Defendant McDonald told the Warren EDA that Tran was no longer willing to finance the CJTA, citing purported design and permitting cost overruns. Defendant McDonald repeatedly told the Warren EDA that Tran would repay the CJTA Payments despite the fact that she could not present any legally enforceable contract or other method to ensure payment. 74. Despite Defendant McDonald’s assurances to the Warren EDA, the Warren EDA has not been fully reimbursed for the CJTA Payments from Tran. 75. Defendant McDonald’s payment of the CJTA Payments and the CJTA Construction Contract and the CJTA Architectural Contract without any sort of legal protection for the Warren EDA constitutes a gross breach of her fiduciary duty of care to the Warren EDA. 76. On information and belief, the entire CJTA Project was an artifice orchestrated to divert Warren EDA funds to personally benefit Defendants McDonald, McEathron and Tran. ITFederal Loan 77. ITFederal, LLC (“ITFed-

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eral”) is a Virginia limited liability company. 78. VDN Systems, Inc. (“VDN”) is a Virginia stock corporation. 79. America Commonwealth Regional Center, LLC (“ACRC”) is a Virginia limited liability company. 80. True (referred to as Curt) V. Tran (“Tran”) is a resident of Virginia.

81. ITFederal is managed and controlled by Tran. 82. VDN is managed and controlled by Tran and Tran serves as registered agent for VDN. 83. ACRC is managed and controlled by Tran and Tran serves as registered agent for 84. Tran’s personal residence at 9397 Farmingdale Court, Great Falls, Virginia appears to be the

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Early April, 2019 • Warren/Frederick County Report • Page 11

ect”). 88. The Town, the County and the Warren EDA have a strong interest in developing the Avtex Site as it was the location of a large rayon manufacturing facility that was shut down due to considerable environmental contamination. Upon remediation by the successors in interest to the original plant operator, the Avtex Site was conveyed to the Warren EDA subject to various covenants and agreement with the prior owner and the United States Environmental Protection Agency. 89. Tran and Defendant McDonald represented, through McDonald, to the Town, the County and the Warren EDA multiple times that (a) Tran was a highnet worth individual, (b) he did not need any financial assistance from the Town, the County and the Warren EDA to make the ITFederal Project financially vi-

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Crescent Dr., Suite 1350, Vienna, Virginia is listed as a principal office for ACRC. On information and belief, this is no longer a permanent office for ACRC as it appears to be owned or leased by Regus, which is a company that primarily provides shared and/or short-term work spaces for nonpermanent use. 87. In 2014, Tran, through Defendant McDonald, approached the Town and the Warren EDA expressing interest in developing a portion of the Town referred to as the Avtex site (the “Avtex Site”). Tran’s proposed development included a multi-building complex, providing facilities for ITFederal information services business, a large data center, and a mixeduse component consisting of retail, restaurants and other small commercial offices/storefronts with a stated aggregate projected cost of $40 million (the “ITFederal Proj-

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able, (c) ITFederal/VDN Systems had procured a $140 million contract with the Nuclear Regulatory Commission to provide information technology services on a long-term basis and (d) Tran had the endorsement and support of U.S. Congressional Representative Robert Goodlatte (“Rep. Goodlatte”) in connection with the ITFederal Project. 90. Tran and Defendant McDonald requested, through McDonald, the Town and the Warren EDA assist in financially supporting the ITFederal Project in order to promote the redevelopment of the Avtex Site. Tran and Defendant McDonald stated that Tran did not need the financial support of the Town and the Warren EDA, but that such assistance was requested by Rep. Goodlatte. 91. Tran and Defendant McDonald requested, through McDonald, the Warren EDA donate

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a portion of the Avtex Site free of charge to Tran or ITFederal to construct the ITFederal Project and make a loan to ITFederal to construct all or a portion of the ITFederal Project (the “ITFederal Loan”). 92. Tran and Defendant McDonald represented, through McDonald, on multiple occasions to the County, the Town and the Warren EDA that ITFederal did not need the funding from the ITFederal Loan and that Tran, ITFederal and VDN Systems had sufficient financial wherewithal to finance the ITFederal Project. Indeed, the representation was that Tran would accept a $10 million loan but would repay it within 6090 days. 93. Tran and Defendant McDonald represented, through McDonald, on multiple occasions to the County, the Town and the Warren EDA that ACRC had obtained or was in the process of obtaining EB-5 financing to finance the ITFederal Project. 94. EB-5 is a program established by United States Customs and Immigration Service (“USCIS”). The EB-5 program requires a person seeking U.S. citizenship to invest $1 million into a new commercial enterprise that he or she actively manages in some capacity. The new venture must create and sustain at least ten

full-time employees for at least two years in order for the investor seeking citizenship to convert his or her green card into full citizenship. 95. EB-5 financing can only be achieved through regional centers approved by USCIS. 96. ACRC is another entity established and controlled by Tran. Based on a search of the ACRC website on February 12, 2019, ACRC represents it is an approved EB-5 regional center under the USCIS’s Immigration Investor Program. However, based on a search on the USCIS website on February 12, 2019, ACRC does not appear to be an approved regional center for EB-5 financing. 97. There is no evidence that ACRC has ever successfully obtained or used EB-5 financing in connection with the ITFederal Project or for any other purpose. 98. Tran and Defendant McDonald represented on multiple occasions to the County, the Town and the Warren EDA that ITFederal and/or VDN had federal contracts worth in excess of $140 million. 99. On information and belief, despite any nominal award of any federal contracts to ITFederal and/or VDN, the actual work and payments under any such federal contracts to ITFederal and or/ See LAWSUIT, 12

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Page 12 • Warren/Frederick County Report • Early April, 2019

LAWSUIT, from 11

VDN appear to be not more than $5,000 over the last five years. 100. The websites for ITFederal, VDN and ACRC all appear to be bogus websites with little or no substantive information or recent activity in connection with those purported businesses. In some cases it appears they have not been updated since 2012. Based on information and belief, these websites were created to convey a false impression that ITFederal, VDN and ACRC were active businesses with a substantive source of income with the intent of fraudulently inducing the Warren EDA to make the ITFederal Loan. 101. In connection with the ITFederal Loan, the Warren EDA requested financial information and other due diligence materials related to Tran, ITFederal, VDN and ACRC. Tran and Defendant McDonald arranged a meeting with Warren EDA Board, Defendant McDonald, Tran and other alleged representatives of ITFederal, VDN and ACRC. Thereafter, the Warren EDA Board was presented, through Defendant McDonald, with financial information purportedly relating to ITFederal, VDN and ACRC that presented a positive financial impression for such entities. The Warren EDA Board was not permitted to make any sorts of copies

of such financial information and was not permitted to otherwise verify its accuracy or completeness. Defendant McDonald represented to the Warren EDA that such a curious and incomplete review was adequate and acceptable due diligence in such circumstance. 102. Other than the representations made by Tran and Defendant McDonald, there is no evidence that ITFederal, VDN and ACRC were involved in significant revenue generating operations that would support a $40 million project such as the ITFederal Project. 103. Based on the fraudulent representations of Tran and Defendant McDonald, the Warren EDA subdivided a portion of the Avtex Site and conveyed a parcel of approximately 30.1 acres, referred to as Lot 6 of the Avtex Site, pursuant to a Contract to Purchase and Sell Real Estate dated as of July 3, 2015 between the Warren EDA and ITFederal, (the “ITFederal Purchase Contract”). Pursuant to the ITFederal Purchase Contract, the ITFederal Site was sold to ITFederal for a nominal purchase price of $2 million, payable by a note from ITFederal to the Warren EDA, subject to provisions of the note that provided that the $2 million balance would be forgiven upon completion of certain construction targets, as set

forth in the ITFederal Purchase Contract. 104. The ITFederal Site was conveyed to ITFederal by deed dated September 16, 2015 from the Warren EDA to ITFederal. No purchase price was paid other than $1.00 and the promissory note described in the ITFederal Purchase Contract. 105. Based on the fraudulent representations of Tran and Defendant McDonald, the Warren EDA undertook a bank loan in the amount of $10,000,000 secured by a mortgage on the remaining portion of the Avtex Site owned by the Warren EDA and then loaned that $10,000,000 to ITFederal. 106. Based on the fraudulent representations of Tran and Defendant McDonald and in addition to the conveyance of the ITFederal Site to ITFederal, in September 2015, the Warren EDA then loaned the $10,000,000 proceeds of its loan to ITFederal pursuant to a promissory note from ITFederal to the Warren EDA (the “ITFederal Borrower Note”) to finance a portion of the ITFederal Project. 107. Up to and after the loan to ITFederal, Defendant McDonald continued to represent to the Warren EDA that Tran / ITFederal did not need the proceeds of the loan to complete the ITFederal Project but also continued to in-

sist that the loan should be made. 108. In 2017, Tran requested the Warren EDA modify the ITFederal Borrower Note and Deed of Trust to (a) extend the period for forgiveness of the nominal $2 million purchase price to September 2020, (b) reduce the required investment by ITFederal in the ITFederal Project needed to satisfy the forgiveness conditions and (c) reduce the size of the ITFederal Project from that described in the ITFederal Borrower Note and Deed of Trust to a much smaller scope while still permitting the forgiveness condition. Defendant McDonald represented to the Warren EDA that delays in the ITFederal Project were due to environmental permitting issues and that Tran and ITFederal were proceeding in good faith and that the Warren EDA should agree to the amendment. 109. The Warren EDA agreed to the amendment based on Defendant McDonald’s representations. 110. Prior to such amendments, no construction had occurred at the ITFederal Site. 111. To date, the ITFederal Project has not been constructed at the scope originally described to the Warren EDA. One building has been partially constructed, but based on information and belief, no certificate or occupancy has been obtained for the ITFed-

eral Project or otherwise at that site. 112. On information and belief, little to no proceeds of the ITFederal Loan has been applied to the ITFederal Project. On information and belief, Tran and Defendant McDonald have converted all or a portion of the proceeds of the ITFederal Loan to their own personal benefit. Subsequent Payments to ITFederal 113. Commencing in 2015, Defendant McDonald authorized a number of payments to vendors relating to the ITFederal Project and several reimbursement payments to ITFederal for the ITFederal Project. Total payments to vendors were at least $392,248.61 based on Warren EDA QuickBooks accounting records. Total payments directly to ITFederal were at least $1,432,771.32, based on Warren EDA QuickBooks accounting records. Together these are referred to as the “Unauthorized ITFederal Payments”). 114. None of the Unauthorized ITFederal Payments were authorized by the Warren EDA. 115. In various executive director reports to the Warren EDA by Defendant McDonald, Defendant McDonald describes various draws on the $10 million loan

Early April, 2019 • Warren/Frederick County Report • Page 13

proceeds issued to IT Federal to advance construction of the ITFederal Project. On information and belief, Defendant McDonald fraudulently described the Unauthorized ITFederal Payments as reflecting draws on the ITFederal Loan, rather than as payments by the Warren EDA. The proceeds of the $10 million loan made to ITFederal was issued in full at the time of closing in 2015; there is no evidence that the Warren EDA retained those funds or had any ability to approve invoices or otherwise control or direct those funds. 116. A review of Warren EDA records reveal a Memorandum of Understanding (the “ITFederal MOU”) signed by Tran on behalf of ITFederal and by Defendant McDonald allegedly on behalf of the Warren EDA. 117. The ITFederal MOU was amended by a First Amendment to Memorandum of Understanding (the “MOU Amendment”) signed by Tran on behalf of ITFederal and by Defendant McDonald allegedly on behalf of the Warren EDA.

118. Neither the ITFederal MOU nor the MOU Amendment was signed by any other officer or board member of the Warren EDA and no other officer or board member of the Warren EDA was aware of the ITFederal MOU nor the MOU Amendment other than Defendant McDonald. 119. The Warren EDA did not approve the ITFederal MOU or the MOU Amendment or any other action related to the Unauthorized ITFederal Payments. 120. In the ITFederal MOU, Defendant McDonald represents that the Warren EDA has grant funds from the Commonwealth of Virginia (the “Commonwealth”) in the amount of $1,500,000 for the ITFederal Project. 121. The Warren EDA never received any such grant from the Commonwealth. 122. In interviews with Defendant McDonald, Defendant McDonald represented to Warren EDA consultants that she had not received such grant funds as they could only be paid as a reimbursement for project costs, but that she need only apply to the Common-

wealth and they would be sent. She could provide no explanation as to why the alleged reimbursement had not been requested. 123. Upon request from Warren EDA counsel, Defendant McDonald provided documentation that allegedly provided support for her claim about a grant. 124. The alleged grant documentation expressly provides that the information provided therein is for illustration/comparison purposes and is not an offer and is based on assumptions provided by the prospect (here ITFederal, LLC). It is not a commitment or other firm offer and is not signed by any Commonwealth representative. 125. Warren EDA counsel contacted the Virginia Economic Development Partnership (“VEDP”) in connection with the alleged grant. VEDP provided all documentation related to the discussions with Defendant McDonald, Tran, ITFederal and other related entities. 126. It is clear from the VEDP documentation that Tran and Defendant McDonald met with the

VEDP relating to ITFederal in the 2014/2015 timeframe, but that Defendant McDonald was unable to provide the information VEDP was requesting to award a grant related to the ITFederal Project. 127. The VEDP documentation indicates that the VEDP had no further contact with Defendant McDonald or Tran on the ITFederal Project after approximately September 2016. 128. The VEDP documentation indicates no offer or award was given for the ITFederal Project and that VEDP canceled the matter due to inactivity. 129. Defendant McDonald had no reasonable basis to expect that a grant from VEDP for ITFederal was forthcoming. 130. Defendant McDonald lied to the Warren EDA about the Unauthorized ITFederal Payments and the source of their repayment. 131. Defendant McDonald deliberately took Warren EDA funds and gave them to Tran / ITFederal with no reasonable expectation that such funds would be repaid or otherwise funded from another source. 132. On information and belief, Defendant McDonald personally benefited from such payment of Town and Warren funds as part of a scheme with Tran to fraudulently obtain Town and County funds for their own benefit. Unlawful Payments Concerning Earth Right Energy, LLC 133. Defendant McDonald entered into an agreement, on

behalf of the Warren EDA but without the pennission or the knowledge of the Warren EDA, with Defendant Earth Right Energy, LLC, Earth Right Energy Solar-Commercial, LLC and Earth Right Energy-South, LLC (the related entities collectively known as “Earth Right Energy”) for the acquisition and installation of solar power facilities, certain LED Lighting products and installation along with other services. 134. Earth Right Energy SolarCommercial, LLC (“Earth Right Energy”), owned and operated by Defendant Donald Poe, in collaboration with Defendant Justin Appleton (“Appleton”), managing partner of Earth Right Energy, entered into multiple agreements with Defendant McDonald purporting to oblige the Warren EDA even though Defendant Poe knew, from previous conversation with Warren School Superintendent and former Warren EDA Chair Greg Drescher, that the Warren County Public Schools did not approve of any agreement to purchase and install solar power equipment from Earth Right Energy, LLC for any Warren school properties. 135. Notwithstanding the foregoing, Defendant McDonald, without permission or authorization by the Warren EDA, directed payments of $1,279,888 using Town and Warren County credit facilities to Defendant Earth Right Energy. 136. Of this $1,279,888 paid to Earth Right Energy, at least $841,904 was for installation and equipment never performed or provided by Earth Right Energy. The $1,279,888 paid to Earth Right Energy is partially offset by a reimbursement payment on August 27, 2018 of $334,851 requested by Defendant McDonald. 137. In discussions with the Warren EDA Board, Defendant McDonald falsely told the Board that the Warren EDA would not be responsible for the cost of any future Earth Right Energy solar See LAWSUIT, 14

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LAWSUIT, from 13

installation. 138. On or about September 4, 2018, Defendant McDonald entered into a contract on behalf of the Warren EDA, without the Warren ED A’s approval or knowledge, with Earth Right Energy, LLC for the purchase and installation of certain solar equipment on Warren County Public schools. The agreement purported to oblige the Warren EDA to pay $27,300,000 to Earth Right Energy, LLC (“Earth Right $27 Million Contract”). See attached Exhibit 4. 139. The Earth Right $27 Million Contract was unlawfully procured, is invalid, and unenforceable. 140. Because of the foregoing, the Warren EDA was damaged in an amount no less than $945,037 ($1,279,888 less the reimbursement of$334,851). Unlawful Payment of Town and Warren County Funds for Defendant McDonald Owned/ Controlled Real Estate 141. On numerous occasions, Defendant McDonald, in conjunction with limited liability companies she owned and/or controlled either on her own or with Defendant McEathron, unlawfully diverted money from the Warren EDA using bank credit facilities restricted for Town and County use for her personal benefit. In addition, Defendant McDonald doctored and/or created false documents and then made or directed to be made false entries in the Warren EDA books and records to conceal the diverted monies. 1321 Happy Creek Road, Front Royal, Virginia 142. One or more Defendants stole from the Warren EDA to pay for the property at 1321 Happy Creek Road in Front Royal, Virginia. 143. DaBoyz, LLC, owned and operated by Defendant McDon-

ald and Defendant McEathron purchased the property at 1321 Happy Creek Road. 144. Instead of paying for the property with their own money, the Defendants conspired and devised to use credit facilities belonging to the Warren EDA. 145. Defendant McDonald authorized the wire transfer of money from a Warren EDA credit facility to the sellers of 1321 Happy Creek Road. The wire transfer was for $1,007,672.84. 146. Thereafter, DaBoyz, LLC conveyed 1321 Happy Creek Road to Moveon8, LLC, owned and operated by Defendant McDonald and Defendant McEathron. 147. The Warren EDA never authorized nor approved for this purchase of real estate from which it did not benefit at all. No Defendant ever reported to the Warren EDA this purchase which occurred covertly. 148. On account of this purchase, the Warren EDA is damaged in an amount no less than $1,007,672.84.

149. One or more Defendants stole from the Warren EDA to pay for the property at 2951 Rileyville Road, Page County, Virginia. 150. DaBoyz, LLC, owned and operated by Defendant McDonald and Defendant McEathron purchased the property at 2951 Rileyville Road. 151. Instead of paying for the property with their own money, the Defendants conspired and devised to use credit facilities belonging to the Warren EDA. 152. Defendant McDonald authorized the wire transfer of money from a Warren EDA credit facility [First Bank & Trust] to the sellers of 2951 Rileyville Road. The wire transfer was for $554,427.20. 153. The Warren EDA never authorized nor approved for this purchase of real estate from which it did not benefit at all. No Defen-

155. On or about September 14, 2016, Defendant McDonald gave First Bank and Trust a disbursement request, on information and belief prepared by Defendant McDonald and signed by Warren EDA Chair Greg Drescher for a Virginia Department of Transportation Letter of Credit of 2 Million Dollars. 156. Accordingly, on or about September 14, 2016, $2 million dollars was wired from a Warren EDA account at First Bank and Trust to TLC Settlements LLC.

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b. $906,691.21 was transferred to TLC File #16-310 on 9/20/16 according to Disbursement Statement. c. On September 20, 2016, TLC settled on File #16-308 for the property located at 2890 Buck Mountain Road (Tax Map Number 37-63) for a consideration of $850,000. d. The Deed between William Vaught, Jr. and DaBoyz, LLC for Tax Map Number 37-63 was recorded on September 21, 2016 as Instrument Number 160004958. e. With File #16-308, a check for $94,595.70 was drafted to DaBoyz at closing. f. On September 20, 2016 TLC settled on File #16-309 for the property known as Tax Map Number 37-63E for a consideration of $150,000. g. The Deed between William Vaught, Jr. and DaBoyz, LLC for Tax Map Number 37-63E was re-

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157. On information and belief, that $2.0 million dollars was paid from TLC Settlements to Defendant McDonald and/or DaBoyz, LLC which entity was owned and operated by Defendants McDonald and McEathron. 158. Approximately four days after the Warren EDA paid out $2.0 million dollars, TLC Settlement LLC received incoming funds of $2.0 million dollars from DaBoyz, LLC and posted to TLC Settlement’s File #16-308. 159. TLC Settlements disbursed this $2.0 million payment by DaBoyz, LLC on or about September 20, 2016 and September 21, 2016 in a manner that inured to the benefit of Defendants McDonald, McEathron, and DaBoyz, LLC: a. $151,793.21 was transferred to TLC File #16-309 on 9/20/16 according to Disbursement Statement.

dant ever reported to the Warren EDA this purchase which occurred covertly. 154. On account of this purchase, the Warren EDA is damaged in an amount no less than $554,427.20.

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Early April, 2019 • Warren/Frederick County Report • Page 15

corded on September 21, 2016 as Instrument Number 160004958. h. On September 20, 2016 TLC Settled on File #16-310 for the property known as Tax Map Numbers 37-63B, 37-63C, and 37-63F for a consideration of $900,000. i. The Deed between Rappawan, Inc. and DaBoyz, LLC for Tax Map Numbers 37-63B, 37-63C, and 37-63F was recorded on September 21, 2016 as Instrument Number 160004959. j. A deed between DaBoyz, LLC and William Vaught, Jr. (Instrument Number 160005726) was dated October 27, 2016 and recorded October 28, 2016 for

$650,000 for Tax Map Number 37-63 and 37-63E. k. A deed between DaBoyz, LLC and Rappawan, Inc. (Instrument Number 160005728) was dated October 27, 2016 and recorded October 28, 2016 for $650,000 for 37-63B, 37-63C and 37-63-F. 160. On account of these transactions, the Warren EDA was damaged in the amount of $2.0 million dollars. Count I - Fraud and Fraud in the Inducement 161. Plaintiff incorporates the allegations in the foregoing paragraphs as if set forth fully herein.

162. Defendants misrepresented material facts in connection with transactions associated with the Warren EDA. 163. Defendants’ misrepresentations were intentionally and knowingly or, in the alternative, negligently. 164. Defendants’ misrepresentations were made with the intent that the Warren EDA rely upon them. 165. The Warren EDA relied upon Defendants’ misrepresentations. 166. Defendants, especially and including those who occupied positions of trust with the Warren EDA, concealed their fraud and fraudulent inducement and Warren EDA did not discover it until September 1, 2018 at the earliest. 167. The Warren EDA was damaged as a result. Count II - Conversion

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168. Plaintiff incorporates the allegations in the foregoing paragraphs as if set forth fully herein. 169. Defendants wrongfully exercised or assumed authority over the Warren EDA’s property. 170. Defendants thus deprived the Warren EDA of possession of its property. 171. Defendants wrongfully exerted dominion over the Warren EDA’s property in denial of, or inconsistent with, the Warren EDA’s rights to possession. 172. Defendants, especially and including those who occupied positions of trust with the Warren EDA, concealed their conversion and the Warren EDA did not dis-

cover it until September 1, 2018 at the earliest. 173. The Warren EDA was damaged as a result of Defendants’ conversion. Count III - Conspiracy 174. Plaintiff incorporates the allegations in the foregoing paragraphs as if set forth fully herein. 175. The Defendants acted in concert, agreed, associated, mutually undertook or combined together. 176. The Defendants intentionally, purposefully, and without lawful justification injured the Warren EDA’s reputation, trade, business, and profession. 177. Defendants, especially and including those who occupied positions of trust with the Warren EDA, concealed their conspiracy and the Warren EDA did not discover it until September 1, 2018 at the earliest. 178. The Warren EDA was damaged as a result of Defendants’ conspiracy. Count IV - Unjust Enrichment 179. Plaintiff incorporates the allegations in the foregoing paragraphs as if set forth fully herein. 180. Defendants received benefits from the Warren EDA. 181. Defendants knew of the benefits they received from the Warren EDA and should have reasonably expected to pay the Warren EDA for those benefits. 182. Defendants accepted or retained benefits from the Warren EDA without paying the Warren

EDA for their value. 183. Defendants, especially and including those who occupied positions of trust with the Warren EDA, concealed their fraud and fraudulent inducement and Warren EDA did not discover it until September 1, 2018 at the earliest. 184. The Warren EDA was damaged as a result of Defendants’ unjust enrichment. Count V - Breach of Fiduciary Duty of Loyalty 185. Plaintiff incorporates the allegations in the foregoing paragraphs as if set forth fully herein. 186. As an employee of the Warren EDA, Defendant McDonald owed the Warren EDA a fiduciary duty of loyalty. 187. Defendant McDonald stole from the Warren EDA, misused its financial assets, deceived its leadership, withheld necessary information from the Warren EDA, misappropriated Warren EDA assets for her personal aggrandizement, and conducted a years-long campaign of deceit and exploitation, all to the detriment of the Warren EDA. 188. As the Warren EDA’s Executive Director, in an office with fewer than five employees, Defendant McDonald enjoyed, and abused, an extraordinary position of trust. There was no part of the Warren EDA’s operations, records, or financial affairs with which she was not familiar. 189. The Warren EDA relied upon her honest services in leading the Warren EDA’s operations. See LAWSUIT, 16

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Page 16 • Warren/Frederick County Report • Early April, 2019

LAWSUIT, from 15

PRAYER FOR RELIEF

190. Instead of providing those expected and agreed upon services, Defendant McDonald betrayed all those promises and commitments for her personal gain. 191. Defendant McDonald concealed her breaches of her fiduciary duty of loyalty and Warren EDA did not discover it until September 1, 2018 at the earliest. 192. The Warren EDA was damaged as a result of Defendant McDonald’s breach of her fiduciary duty of loyalty. Count VI - Ultra Vires Transactions and Agreements 193. Plaintiff incorporates the allegations in the foregoing paragraphs as if set forth fully herein. 194. Defendants induced or caused the Warren EDA to make certain transactions or enter into certain agreements, including but not limited to, agreements to purchase solar equipment from Defendant Earthright Energy, LLC, that were not approved by the Warren EDA in the manner required by law. 195. Defendants knew or should have known that the transactions entered into by the Warren EDA that were not lawfully approved were impermissible. 196. These ultra vires transactions were unlawful and are void. 197. Any ultra vires agreements or contracts by the Warren EDA are void and unenforceable. 198. The Defendants concealed from the Warren EDA the ultra vires agreements and transactions and the Warren EDA did not discover them until September 1, 2018 at the earliest. 199. The Warren EDA was damaged as a result of the ultra vires agreements and transactions.

WHEREFORE Plaintiff Warren EDA respectfully requests that this Court enter an Order: A. Rescinding the ultra vires, unlawful, and/or fraudulent transactions referenced in this Complaint; B. Imposing all fees, costs, and expenses associated with the rescission against the Defendants jointly and severally; C. Granting judgment against the Defendants jointly and severally for an amount not less than $17,640,446.16 or to otherwise apportion damages amongst the Defendants in the interests of justice; D. Ordering the Defendants to return all Warren EDA property, real, personal, and financial, to the Warren EDA; E. Awarding the Warren EDA three-fold the damages sustained by the Warren EDA as determined by the factfinder, pursuant to Va. Code § 18.2-500; F. Awarding the Warren EDA at least $1,000,000 in punitive damages jointly and severally against the Defendants; G. Awarding the Warren EDA its reasonable attorneys’ fees and costs incurred as a result of the conduct of the Defendants; and H. Granting such other and further relief deemed necessary in the interest of justice, fairness, and equity. The provisions of Virginia Code § 17.1-266 and § 17.1-275 eliminate the payment of any fees by the Plaintiff for filing of this Complaint.

Date: March 26, 2019 Respectfully submitted, INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF FRONT ROYAL AND THE COUNTY OF WARREN, VIRGINIA a/k/a ECONOMIC DEVELOPMENT AUTHORITY OF THE TOWN OF FRONT ROYAL

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Page 18 • Warren/Frederick County Report • Early April, 2019

Father and daughter team up to set the council straight

Members of Front Royal Town Council eat crow as former member Bébhinn Egger-Roland reminds them of their repeated dismissals of her years-long warnings about blindly following a path that has now cost local taxpayers millions.

By Timothy Ratigan Warren/Frederick County Report The evening of March 25, 2019 started out pretty normal. The Front Royal Town Council was called to order by Mayor Hollis Tharpe. During the public presentations, the tide of the meeting took a turn that no one was expecting, least of all the council members. When Mayor Hollis Tharpe asked the Clerk of the Council, Jennifer Berry if anyone had signed up to speak, she replied in the affirmative. Hardly anyone would remember what the first speaker spoke about. It was the second speaker that drew everyone’s attention. Berry called out the second speaker for the evening, “Bébhinn Egger-Roland.” Yes, EggerRoland had returned to Front Royal. The former town councilwoman stepped up to the podium and there was not a question in anyone’s mind just what she was going to talk about, and EggerRoland did not disappoint. Egger-Roland started her remarks by saying, “It seems to me that now would be a perfect time to say, I told you so.” She continued with, “I didn’t come here to gloat. I came here more in outrage for the people of Front Royal over the blindness and over the ineptitude and most especially the arrogance of their elected officials. Sadly, I am not all surprised by recent revelations and actions of the EDA (Economic Development Authority) Board and former director or by the public admission of Curt Tran that IT

Federal doesn’t have or never had millions of dollars in federal contracts. After all, if you will remember, I was sounding alarm bells over two years ago and I wish you had listened to me.” It was at this time when EggerRoland directed her comments to two former councilmen who are no longer on council. “Former councilmen Hrbek and Connolly I hope you are hearing this as well. I wish you had listened to me. Over two years ago I sent an e-mail to all of my fellow councilmen and the Mayor expressing my confusion about IT Federal. I included evidence from usaspending.gov showing that no company named IT Federal held any government contracts, much less millions of dollars in federal contracts. “I expressed my concerns about the fact that Jennifer McDonald, at a public meeting, gave us the false information that an EB 5 Visa is merely an educational Visa. As anyone can find out within five seconds with a google search, an EB 5 visa is a permanent residency green card. I even asked you to consider how odd it was that a million-dollar IT company in the 21st Century allegedly didn’t have a web site. “I begged you to at least take a step back to make sure that everything was on the up and up with IT Federal. And I believe I only got one response to my e-mail which was from Councilman John Connolly. And it read, ‘don’t e-mail me about this again.’ “Since the council was unwilling to acknowledge any of the suspicious circumstances I brought

up, I suggested we send a letter to Congressman Goodlatte, who was credited with having brought IT Federal to our community, so that he could reassure us that IT Federal was a reputable company with millions of dollars in federal contracts and the ability, as promised, to provide Front Royal with hundreds of good paying tech jobs. Not a single member of council was willing to sign the letter. Instead you passed a resolution in support of the EDA and IT Federal which stated that since Jennifer McDonald assured us that she had seen $140,000,000.00 worth of contracts, that we believed her, and we were sure that IT Federal would make good on all its promises.” Egger-Roland demanded explanations from former councilman Bret Hrbek. “I ask former councilman Hrbek to publicly explain that to the people of Front Royal. I won’t even bring up the debacle that is the supposed work force housing project. I wish you had listened to me on that also. “But let’s talk for second about the Police Department. I said it until I was blue in the face. We are spending too much money on a police department for a town our size. Again, facts were misrepresented to us by Jennifer McDonald. Unless you have amnesia, you’ve got to remember how she assured us in a closed meeting that she had closed on a New Market Tax Credit loan. I hope you are noticing a pattern in all of this. How many times did you tell me that we trust Jennifer? It was lots of times. The town has been

duped in major damaging ways and you let it happen. “The main reason I am here tonight is to implore you to recognize your errors, publicly admit them and work to bring about solutions for the problems that have been created by those errors. For some of you, the best possible thing you can do now to help the community is to leave public office and let those who are more capable try to lift our town out of the hole you played a major part in creating. “For others, especially Councilman Thompson, if I can offer a few words of advice. Don’t let these people intimidate you or try to silence you. If you have questions or you feel in your gut that something isn’t adding up don’t stop until you get those questions answered. My one regret from my time on council is that I wasn’t more vocal. In the deepest way I was trying to do what was best for my beloved home town. “So, when men who had been around a lot longer then me told me to be quiet, told me that I was creating negative press, told me that creating problems and not solving them I took those words to heart and sometimes I really questioned myself and said should I just shut up. The EDA knows what it is doing. Surely the county wouldn’t do anything that would intentionally harm the town. My advice is don’t shut up. Be respect-

ful and be humble but don’t stop speaking up for our town and the wonderful citizens in our town. “One thing I am grateful is that our town has truly wonderful staff members. If it had not been for Joe Waltz and most especially B.J. Wilson, you all might still be drinking the EDA’s Kool-Aid and burying your heads in the sand.” At the conclusion of her remarks Former Councilwoman Bébhinn Egger-Roland was greeted with applause from the audience and Mayor Hollis Tharpe allowed the applause to play out. Not surprisingly Egger-Roland’s father, Mark Egger, was the next speaker. The long night for the council members had only just begun. He began his remarks by saying, “Well the chickens are coming home to roost. Please note that these comments do not apply to the three newest members of this council, but they do apply to other four, Mr. Sealock, Mr. Tewalt, Mr. Tharpe and Mr. Meza, as well as former members Mr. Hrbek, Mr. Connolly, Mr. Darr and Mr. Morrison. “My daughter Bébhinn, when she was on this council, asked the necessary questions in order to bring out the truth. And you all were either completely disinterested in the truth or actively tried to impede her in exposing the truth. And two former members actively publicly berated her

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Early April, 2019 • Warren/Frederick County Report • Page 19

Jennifer McDonald and the EDA things I disagreed with the resolu- not communicating together? I saying, ‘I don’t believe there are tion and voted against the resolu- think it is important that people any back-room shenanigans that tion to give them $10,000,000.00 know that because Town Counwill cause harm to our community and quite a few other things I vot- cil isn’t getting the credit – even and our town.’” ed against. I do want to apologize though it didn’t act faster, town Egger reminded the council to Bébhinn for that and I appre- council was the who instigated that Hrbek had also stated that ciate what she did while she was the investigation of the EDA and the EDA had seen factual letters here.” that started in early last year culawarding contracts to IT Federal Councilman Jacob Meza offered minating in May when our finance even though there was no proof an apology to Bébhinn as well, “I director B.J. Wilson was noticing a that this was true. He also re- would like to make a few com- lot more discrepancies in our acminded the council that, in a 5 to ments about the EDA. I want to counting, in our loans and our re1 vote without any evidence given, go on the record of asking for a payment options with the EDA. It they had approved a resolution of special joint meeting between the is important to bring this up besupport for the Board of Direc- Town Council, Board of Supervi- cause of May of 2018 we started to tors of the EDA. Bébhinn would sors and the EDA Board of Direc- force the issue. Nothing happened be the sole negative vote. Egger tors. Many of you may or may not but in August we launched an ofcalled on Hrbek to apologize to know, but based on the comments ficial investigation of the EDA and his daughter. that I have seen in social media only then did anything start to Egger demanded Councilmen that these independent bodies are transpire in the offices of the EDA. Eugene Tewalt, William Sealock not collaborating and discussing I can’t tell you what because we and Mayor Hollis Tharp all apolo- the issue as a group. are not privy to it. But shortly afgize to his daughter as well. At the “I also wanted to comment on ter that audits were done, forensic end he suggested that they add a Mrs. Egger-Roland and Mr. Eg- audits were done, outside council public apology to Bébhinn Egger- ger. First and foremost I wanted were hired, the resignation of the Roland to the night’s agenda. Eg- to say thank you for taking the EDA Director happened and still ger’s suggestion did not come to time for all the information that no information has been shared fruition in the form of an addition Mrs. Egger-Roland brought for- with council. Maybe the Board to the night’s agenda, however it ward related to the EDA and the of Supervisors knows more. This did bring about something else. transactions that were going on. is a public body that has been be During the council members’ I want to also thank Mr. Egger hind closed doors. I know my colcomments, Councilman Eugene for his relentless perseverance in leagues have asked for a meeting Tewalt set the tone for most of continuing to bring to our atten- where we are able to be updated the council members to follow. He tion the problems we are having so we can understand what is gobegan with, “I would like to go on at the EDA. I do regret that ac- ing on. And we have been shut record this evening and tell Béb- tion did not come sooner. And out. We need to be as transparent hinn that I apologize. I know that particularly, as I hear Mr. Egger as possible.” you and I agreed on many things recount the actions that I was able Mayor Hollis Tharpe said, while and we disagreed on some things. to be part of and witness towards looking directly at Egger-Roland, I’ve been on this council for many then-councilwoman Egger, it does “Bébhinn, please accept my sinyears and most of you know me make me feel really bad and from cere apology. I was never under and I’ve dealt with Mrs. McDon- my point of view I extend an apol- the intention of quieting you, or ald for quite a few years. Before ogy. I was there and seeing it and putting words in your mouth, but this time we didn’t have a prob- I didn’t know enough information as we moved along we were told lem with Mrs. McDonald with in order to act accordingly and different things and it sounded anything she had done. When she for that I do apologize. Going great. And we took and drank the came in a told us the stories that… forward I think it is important to Kool-Aid. Thank you again for evbecame a lie and we know it is a lie clarify a timeline of events. Why you did deposit for the council.” APY*erything Minimum because of the things that are 3-month go- am I asking for a joint meeting? $1000 ing on. After I had heard all these Why am I clarifying that we are – tim@areaguides.com APY* Minimum deposit 3-month APY* Minimum deposit 9-month $1000 $1000

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a personal vendetta, unprofessional behavior, being disrespectful of public officials, disgraceful behavior, and publicly shaming people. Talk about the pot calling the kettle black. Mr. Connolly if you are listening you owe Bébhinn an apology. “At the November 28th 2016 council meeting, Bret Hrbek in disparaging remarks directed towards her for daring to ask questions said, ‘It seems that IT Federal’s owner, Mr. Curt Tran, has become highly offended by the hostility that he feels directed towards him and the accusations that have been made in his direction.’ He went onto further express complete confidence in

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from this council dais. This council needs to apologize to Bébhinn. “At the October 24th, 2016 and November 14, 2016 council meetings, Bébhinn asked questions about the IT Federal project and the so-called work force housing project respectively, and was answered by the executive director of the EDA, Jennifer McDonald, with a slew of lies. And none of the council members were interested in getting the truth. “Former Councilman John Connolly’s shameless arrogance towards Bébhinn knows no bounds. At the May 8th and May 22nd 2017 town council meetings he accused her of grandstanding, airing personal grievances, having

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What is a Special Grand Jury? Page 20 • Warren/Frederick County Report • Early April, 2019

Warren County Commonwealth’s Attorney Brian Madden has requested that Judge Clay Athey appoint a Special Grand Jury to investigate possible criminal activity centered around the former director of the Economic Development Commission. The following information is from the Virginia Court System handbook for Grand Jurors. Function of a Special Grand Jury

A Special Grand Jury is composed of from seven to eleven citizens of a city or county, summoned by a Circuit Court to investigate and report upon any condition which tends to promote criminal activity in the community or by any governmental authority, agencies, or the officials thereof. If a majority of the regular grand jurors so request, and if the judge finds probable cause to believe that a crime has been committed which should be investigated by a special grand jury, a special grand jury must be empanelled to be composed of the grand jurors so requesting and willing and such additional members as are necessary. If a minority so requests, a Special Grand Jury may be empanelled. Characteristics While the function and powers of the Special Grand Jury and those of the Regular Grand Jury differ, many of the observations made earlier concerning the Regular Grand Jury are applicable to the Special Grand Jury. Some of these are its Importance; Origin; Qualifications; Oath; Secrecy; Protection; and Practical Suggestions. Other similarities will be noted later. Scope of Investigation The responsibility of a Special Grand Jury ordinarily will be to investigate a narrow special condition believed to exist in the community. On the one hand, its duty is to make a full and complete investigation and report on that condition; on the other hand, it is not convened to go on a fishing

expedition with respect to other possible illegal conditions which may exist. If during the course of its authorized investigation, some other illegal condition comes to light which the Special Grand Jurors feel needs investigation, the Special Grand Jury should call attention to it in its report. The investigation is to ascertain whether alleged criminal or corrupt conditions exist under present law. The investigation is not to determine if the law is good or bad, or if it needs to be changed. It is possible, indeed, that as a result of the investigation, the law may need to be changed, but that is a legislative matter and a conclusion for the General Assembly of Virginia to make. There are no time limitations on an investigation by a Special Grand Jury. The complexity of the condition being investigated will dictate the length of time needed. Convening

A Circuit Court may, on its own motion, convene a Special Grand Jury. Frequently, the Commonwealth’s Attorney will make the request. Also, the request may come from a Regular Grand Jury. If the judge of the Circuit Court decides that a Special Grand Jury should be convened, he or she will select the names of those to serve, and they will be summoned to appear at a specified time. Exemptions and Excuses from Grand Jury duty are the same for Special Grand Jury service. On the day appointed, the Judge will swear in the Special Grand Jury and will then charge it with the subject it is to investigate. The Judge will appoint one of those selected to serve as Foreman. The Special Grand Jury is now

ready to begin its work.

work.

The Commonwealth’s Attorney

Special Investigative Personnel

If the Special Grand Jury was convened at the request of the Attorney for the Commonwealth, he may be present at all times during the investigatory stage of the proceedings. If the Special Grand Jury was convened at the request of someone else, the Attorney for the Commonwealth may be present only if requested by the Special Grand Jury. In either event, if the Attorney for the Commonwealth is present, he or she may question witnesses only if the Special Grand Jury requests or consents to such questioning. The Attorney for the Commonwealth shall not be present, however, at any time while the Special Grand Jury is discussing or evaluating the testimony of a witness among themselves or while the Special Grand Jury is deliberating in order to reach a decision or prepare its report. However, he or she may be present during this period if legal advice is requested by the Special Grand Jury. The Grand Jurors should not permit the Commonwealth’s Attorney, while he or she is giving legal advice, to join in any determination by them of the weight to be given to the testimony of a witness. The foregoing limitations are in the law to insure the complete independence of the Special Grand Jury and to protect it against any undue influence from an official of the Commonwealth.

The Special Grand Jury may call upon any state or local agency or officer to assist it in its investigation. The type of condition being investigated will dictate the type of investigative personnel needed. If required, the Special Grand Jury may request the judge to provide other specialized personnel to assist it in the investigation.

Special Counsel At the request of the Special Grand Jury, the judge may appoint special counsel to assist it in its

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Court Reporter A court reporter will record and transcribe all oral testimony given by witnesses before the Special Grand Jury. The transcript is for the sole use of the Special Grand Jury and its contents must not be revealed by anyone. In a lengthy investigation it would be difficult to remember exactly what earlier witnesses said, so it is appropriate for the Special Grand Jury to have a transcript (written record) of all testimony available to which it may refer during later stages of its work. Subpoena Power The Special Grand Jury may have a summons issued ordering

a person to appear before it to testify and to produce specified records, papers and documents for examination by the Special Grand Jury. Any desired papers or records must be described with reasonable accuracy in the summons. The Special Grand Jury is not engaged in a witch hunt or a fishing expedition hoping that a document may turn up; it must have a reasonable belief that a particular record, paper or document does, in fact, exist. When a summons is desired, the Special Grand Jury may notify the Clerk of the Circuit Court, giving the Clerk the name (and address if known) of the person to be summoned, the date and hour set for his appearance, and if papers are desired, a description of them. Warnings Given to a Witness Before witnesses testify, they must be advised by the Special Grand Jury Foreman that: • the witnesses do not have to answer any questions nor produce any evidence that would tend to incriminate them; and • the witnesses may hire their own counsel and have them present while they testify; and • the witnesses may be called

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upon later to testify in any case that may result from the investigation and report of the Special Grand Jury.

about to give before the Grand Jury is the truth, the whole truth, and nothing but the truth, so help you God?

Counsel for the Witness

Examination of Witness

Witnesses appearing before a Special Grand Jury have the right to have counsel of their own present when testifying. Such counsel shall have the right to consult with and advise the witness during the examination, but the counsel does not have the right to conduct an examination of his or her own witness, unless, the Special Grand Jury requests or permits it.

If the Special Grand Jury was convened at the request of the Commonwealth’s Attorney, he or she will have a list of the witnesses to present. It would be appropriate, therefore, for the Special Grand Jury to invite the Commonwealth’s Attorney to examine these witnesses. After this examination, members of the Special Grand Jury should then ask any further questions of the witness that are appropriate. If the Special Grand Jury was convened at the request of someone other than the Commonwealth’s Attorney, the Special Grand Jury may still ask the Commonwealth’s Attorney to be present and conduct the examination, or the Special Grand Jury may

Oath of Witness After the witness has been given the warnings set forth previously, the Foreman will administer the following oath to the witness (an affirmative answer is required): Do you solemnly swear (or affirm) that the evidence you are

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request the judge to designate special counsel to assist it and to conduct the examination, or the Special Grand Jury may conduct the examination itself without aid of counsel. If examination of a witness leads the Special Grand Jury to believe that the testimony of other witnesses may be desirable, a request for a summons for such other witnesses should be made to the Clerk of the Circuit Court. The questioning of a witness should not indicate any viewpoint on the part of the questioner. Witness Refusal to Testify If a witness refuses to answer a question, the Special Grand Jury should not press the question or attempt on its own to compel an answer. The reason for the refusal by the witness may involve the technical issue of whether the question asked violates this witness’s constitutional privilege against self-incrimination. If the jury desires to press the matter further, the question should be written out on a sheet of paper, a recess declared, and the matter reported to the judge orally in open court, whereupon the judge will determine if the witness is compelled to answer. Deliberation After all witnesses have been heard, the Special Grand Jury is now ready to deliberate and make its findings on the matter submitted to it by the court. Only the members of the Special Grand Jury are to be present during this stage of the proceeding, unless at intervals the Special Grand Jury desires the temporary presence of the Commonwealth’s Attorney or Special Counsel to advise it on some legal matter. Again it should be emphasized that the Special Grand Jury has been convened to investigate and report its findings on some specific isolated condition believed to exist in the community. Its

findings and recommendations, if any, should relate specifically to the subject committed to it. It is not involved in a general moral crusade. At the conclusion of its investigation and deliberation, a Special Grand Jury impaneled by the court or on recommendation of a Regular Grand Jury shall file a Report of its findings with the court, including any recommendations that the Special Grand Jury deems appropriate, including any finding that a person has committed a criminal offense, with or without a recommendation that such a person be prosecuted. It is then the duty of the Commonwealth’s Attorney, after the Report of the Special Grand Jury, to determine whether a prosecution should begin, and if so, to present a bill of indictment to a Regular Grand Jury. A Special Grand Jury convened at the request of the Commonwealth’s Attorney may return a “true bill” of indictment upon the testimony of or evidence produced by any witness who was called by the grand jury, if a majority of not fewer than five of the members of the Special Grand Jury agree. Findings Findings should be findings of facts which the Special Grand Jury reasonably believes to exist. It is entirely possible that several or many of such facts are to be considered by the Special Grand Jury and that a vote needs to be taken on each such fact. A majority vote in the affirmative on each such fact is necessary to include it in the Report the Special Grand Jury will make to the court. While no particular procedure need be followed, one way to proceed would be for individual members to submit to the Foreman such findings as he or she may think appropriate, and then the Foreman (or some member designated by him) could prepare a list of the proposed findings, following which a vote should be

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Report At the end of its deliberation the Special Grand Jury must prepare a written Report of its findings, including any recommendations it may deem appropriate. This Report will be the finding of the majority of the Special Grand Jury. The Court Reporter may be used to prepare the Report. Members who do not agree with the findings of the majority may file a minority report on any finding with which they disagree. When the Special Grand Jury is ready to file its Report, the Report should be dated and signed by the Foreman. Transcript, Notes, etc. After the Special Grand Jury has completed its use of the transcripts prepared for it by the Court Reporter, the Foreman must direct the Court Reporter to turn over to him or her all of the notes, tapes or records from which the transcripts were made. The Foreman shall then place the transcripts, notes, tapes, and records in a container and seal it. The date on which the Report is filed should then be placed on the sealed container. Filing of Report When the Special Grand Jury is ready to make its Report, it should notify the judge, and in open court hand in its Report and the sealed container. Secrecy It is highly important that the members of the Special Grand Jury should not reveal any of their proceedings nor any contents of their Report. Publication of the Report itself is a matter for the court.

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Front Royal Oratorio Society presents its spring concerts Performances of “Evensong” on April 6 Winchester and April 7 in Front Royal

The amazing and talented performers who will be participating in this year’s concert are seen here. They are Sopranos Kelly Canady, Connie Fredricks, Schae Meredith, Sara Jeschke, Annette Tutton. Altos Susan Achenbach, Sandy Baumgart, Cathy Brishcar, Buffy Cooper, Janna De Arment, Gail Hollinger, Susan Hrbek, Arline Link, Bernadette Lopez, Judy Raecke, Sharon Santmyers, Elfie Schmid, Amy Smith, Dottie Trevor. Tenors Kell Achenbach, Mary Bennett, Al Copenhaver, Warren De Arment, Mark Jones, Charles McDaniel and Basses: John Brishcar, Eric Fredricks, David Freese, Pete Jeschke, Frank Schmid. Photo courtesy of Ben Glenn II.

By Jessica Baldwin Warren/Frederick County Report The Shenandoah Valley is filled with rich history and wonderful sights, as well as fantastic music. The Front Royal Oratorio Society was founded in 1962 when a group of friends decided to start

a music study club and talk about their love of music. From there it blossomed into a group that wanted to sing and perform. For over 50 years, the Oratorio Society has welcomed singers of all ages and abilities to sing with them. David Freese, who is at the forefront of this group, speaks

Stonewall District Ruritan Club

Al Sibert, President of the Stonewall District Ruritan Club recognizes club member Douglas Butler as the last living charter member of the community service club. The club located in Frederick County at Clearbook was chartered by Ruritan National on June 5th,1952 with 53 members, 1/3 Farmers, 1/3 Business men and 1/3 professional men. Butler and C. Irvin Cather, Sr. secured from Frederick County and Winchester the needed signatures for the Charter from Ruritan National.

enthusiastically about everyone involved in this family-friendly society and how new members can join. He also goes into more details about the history of the group. “The singers are spread out across most of the Shenandoah Valley in about six counties. Their ages range from 15 to 85. The audience that is drawn to the concert comes from all walks of life – from Martinsburg all the way down to Harrisonburg. The community has been very supportive of the group and it’s been a wonderful addition to the area. We have had a pretty diverse group of singers, not only in age and geographic representation, but we’ve had foreign language kids sing with us. We have homeschooled kids who sing with us. We represent all bits and pieces of Front Royal and different areas as well. How we’ve managed to be here after 50 plus years is we have a really good audience that supports us. We have people in this town who are way advanced in their years who come to us after a concert and tell us, ‘I’ve been coming to your concerts for 45 years,’ so we kind of like that,” Freese said. As an open-to-everyone experience, there is no requirement or previous singing experience in order to join. David explains,“It is a no-audition choir. Anyone who wants to sing, who is willing to put in the work to attend the weekly rehearsals, and a little bit of homework to learn the music [can join]. Some choirs have to kind of pass a test to get in. Ours isn’t like that. Anyone who wants to give it a try, we allow them to jump in and sing.” “For those who feel like maybe they aren’t the best singers, who claim they can’t carry a tune,” David continues, “I always tell people, if you can sing happy birthday, you can carry a tune. It’s just a matter of repetition. That’s where the homework comes into play. Because we allow anyone to join, the expectation is to work a little bit at home, become familiar with the music, practice the words, etc. There are a ton of online tools to help you, like singing along with the computer which builds that repetition. I think almost anyone can sing if they put in a little extra time.”

David goes on to say that the town has been a really big support system for the Oratorio society. “We have high school teachers who have been on the city council, who have sung with us as teenagers back in the 70’s, so we really like to consider ourselves the fabric of the town. Besides our wonderful audience, we get funding from the Town of Front Royal. Not only do they help fund us, but they also help us get matching funds from the Virginia Commission of the Arts, so we have a really good relationship with our wonderful town council, and we apply for grants and we have some wonderful family foundations – corporate sponsors,” he said. David says, “Sometimes we do a program like this and it’s a lot more varied, versus doing programs where the whole concert is one composer. We’ve done concerts featuring the American songbook, you know George Gershwin, things like that. We’ve also done shows featuring Broadway, showtunes and pop. I hope we do another Broadway show in the future.” David concludes with sharing his love and support of the group and what he has seen in the past with singers. “We love to sing, we love to share that passion with others

who want to hear it. We also tell anyone who wants to sing, don’t be afraid to join. It’s a good way to meet people. We have a lot of mothers-daughters, husbandswives. It’s a good thing as a family outing. Some couples have used it as a date night. They go to dinner then rehearsal. It’s a fun thing to do. You usually go home feeling happy. I think there’s music in everyone because everyone wants to sing,” he concluded. The Front Royal Oratorio Society presents “Evensong” on Saturday, April 6 at 4 p.m., at the Braddock Street United Methodist Church, 115 Wolfe Street, Winchester; and Sunday, April 7 at 4 p.m., at the Front Royal Presbyterian Church, 115 Luray Ave, Front Royal. The concert is an uplifting musical journey of faith and will feature Joseph Martin’s cantata “The Song Everlasting” based on early American folk songs and hymns. The Winchester String Quintet will accompany. All ages are welcome. For further information, visit www.fros.online. Call (540) 6354842, email singers@fros.online, or find them on Facebook by searching for the Front Royal Oratorio Society. – jessicabaldwin90@yahoo.com

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LOCAL NEWS Early April, 2019 • Warren/Frederick County Report • Page 23

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to run for sheriff in this November’s election but does plan to endorse a candidate “soon.” Arnold currently oversees Administration and Operations Management and is the Officer in charge of administering requests under the Freedom of Information Act. “I am looking forward to starting a new chapter of my life and pursuing some of my personal passions of restoring classic cars, construction and having the time to spend with family. I have enjoyed my 37 years with the Warren County Sheriff ’s Office and it has been an honor to serve as your Sheriff for the past 16 years. I appreciate all the men and women that I have either worked with or have worked for me through all the years. I have complete confidence that Mike will do an excellent job with his knowledge and experience having worked in or supervised all the different divisions within the Sheriff ’s Office over the last 21 years,” McEathron said.

Janice Shanks announces for Circuit Court Clerk

Michael Arnold to serve as Warren County Sheriﬀ from May 1 through 2019 Warren County Sheriff Daniel T. McEathron has announced he will retire effective May 1, 2019. McEathron’s chief deputy Major Michael Arnold will serve as sheriff for the remainder of the current term which ends December 31, 2019. Arnold says he does not intend

Janice Butler Shanks of Front Royal, Virginia has announced her candidacy for the Republican nomination for Clerk of the Warren County Circuit Court upon the election of Daryl L. Funk, Clerk, to the Juvenile and Domestic Relations District Court Bench. Mrs. Shanks is the Chief Deputy Clerk of The Court. In announcing her intention to run for the unexpired portion of Funk’s term, Mrs. Shanks said “I have reached that point in my life where I can truly use my training and experience for the ben-

efit of my community. I feel I am uniquely qualified to take over the position of Clerk and provide the people of Warren County and the legal community with a seamless transition in the leadership of this constitutional office. Daryl Funk and Jennifer Sims, his predecessor, have put together a team of dedicated staff and I believe my 20 years as a manager in the restaurant business and another two decades in the legal profession have prepared me for this challenge.” Mrs. Shanks began her career in the legal community as a court reporter, working with the seven Circuit Court Clerks throughout the Northern Shenandoah Valley. Prior to that time, she and her late husband, James “Jimbo” Butler, owned and operated a local restaurant and catering business on North Shenandoah Avenue. At age 15, she worked for the Front Royal-Warren County Chamber of Commerce as a receptionist and greeter, followed by clerical work at Warren Memorial Hospital and in the medical community. Mrs. Shanks and her late husband had three daughters. She is married to George Shanks, an attorney with the firm of Miller, Earle & Shanks, PLLC. Between them, they have nine children, thirteen grandchildren and four great-grandchildren. They reside in Belmont Subdivision. She is the daughter of the late Bill and Marie Dodson, is a graduate of Warren County High School and a lifelong resident of this area. Layton names campaign leadership

The Committee to Elect Layton as Commonwealth’s Attorney is pleased to announce that Kimberly Wilkins Emerson, Esq., of Joseph F. Silek, Jr., P.C. and Bridget G. Madden, Esq., a local attorney, have agreed to serve as Co-Chairwomen of the campaign to elect Bryan Layton as the next Commonwealth’s Attorney of Warren County. Kimberly Emerson will also serve as Treasurer of the campaign. Bryan Layton is running for the Republican nomination for Commonwealth’s Attorney. The nomination will be determined at a Canvass on April 25, 2019 from

3 p.m. until 8 p.m. to be held at the Warren County Community Center at 538 Villa Avenue. Bryan Layton has served as Assistant Warren Commonwealth’s Attorney for the last eleven years. He is seeking to replace Brian M. Madden, Esq., who was recently elevated to the 26th Judicial Circuit Court. Warren County Republicans to choose nominees April 25

The Warren County Republican Committee is excited to announce its Republican Candidates nominated by acclamation for the upcoming November local elections: Warren County Republican Nominee for Treasurer: Jamie Spiker Warren County Republican Nominee for Sheriff : Jason Poe Warren County Republican Nominee for North River Supervisor: Dan Murray Warren County Republican Nominee for Shenandoah Supervisor: Tom Sayre The Warren County Republican Committee has organized and is administering a Republican Party Canvass on April 25, 2019 at the Warren County Community Center, 538 Villa Ave., Front Royal, VA 22630 from 3:00 P.M. to 8:00 P.M. for the following offices: Warren County Republican Candidate for Commonwealth Attorney: John Bell Warren County Republican Candidate for Commonwealth Attorney: Brian Layton Warren County Republican Candidate for South River Supervisor: Robert Hupman Warren County Republican Candidate for South River Super-

visor: Tim Ratigan We encourage all Republicans in Warren County to participate in choosing our nominee for Commonwealth Attorney. We also encourage all Republicans in the South River District of Warren County to participate in choosing our nominee for South River Supervisor. Qualifications for participation are as follows: All legal and qualified voters under the laws of the Commonwealth of Virginia, regardless of race, religion, national origin or sex, who are in accord with the principles of the Republican Party, and who, if requested, express in open meeting either orally or in writing as may be required their intent to support all of its nominees for public office in the ensuing election may participate as members of the Republican Party of Virginia in its mass meetings, party canvasses, conventions, or primaries encompassing their respective election districts.

SnapChat message raises alarm On the evening of March 26, 2019 the Warren County Sheriff ’s Office received a complaint about a SnapChat message that raised concerns of a shooting threat to Warren County High School (WCHS). Through the course of the evening, deputies See BRIEFS, 24

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Page 24 • Warren/Frederick County Report • Early April, 2019

BRIEFS, from 23

interviewed the parties involved and determined that there was no credible threat to the safety of the students at WCHS. The social media posting was deleted. The Sheriff ’s Office had additional School Resource Officers at WCHS this morning to assist with any concerns from the public reference to the social media posting. Anyone with additional information can contact Sgt Laing at 540-635-4128 or sgtlaing@ warrencountysheriff.org

Fatal Pedestrian Crash in Frederick County Virginia State Police Senior Trooper D.J. Scott is investigating a fatal pedestrian crash in Frederick County. The crash occurred March 24, 2019 at 2:47 p.m. on Route 50 at ½ of a mile east of Route 600. A 2006 Toyota Solara was traveling west on Rt. 50 in the right lane when it struck a pedestrian walking south across Rt. 50. The pedestrian suddenly entered the travel lane and the Toyota was unable to avoid striking the man. The pedestrian, Douglas E. Carr Jr., 57, of Augusta, W.Va., died at the scene as a result of the injuries sustained in the crash. The driver of the Toyota, an 86 year old male from Yellow Spring, Hey Stewart, What is the Urban Forest? – Mary in Middleton

Ask Stewart

Mary, I checked with the Arbor Day Foundation www.arborday.org and they said that the Urban, or Community Forest refers to the “sum of all woody and associated vegetation in and around dense human settlements, ranging from small communities in rural settings to metropolitan regions.” In the town of Front Royal that would include all the trees around private residences, businesses, and public streets, as well as in the parks, schools, and cemeteries. One of the earliest uses of trees to improve American cemeteries was the idea

of a physician, Dr. Jacob Bigelow. With the help of the Massachusetts Horticultural Society, Bostonians founded Mount Auburn Cemetery in 1831 for both practical and aesthetic reasons: to solve an urban land use problem created by an increasing number of burials in the city and to create a tranquil and beautiful place where families could commemorate their loved ones with tasteful works of art in an inviting and natural setting. The public flocked to the new cemetery and Mount Auburn quickly became the model for the American “rural” cemetery movement. Cemetery trees certainly help provide beauty and solace, and lend a feeling of dignity. But University of Illinois Extension Educator Rhonda J. Ferree, points out that they offer even more. She

wrote, “For me cemeteries are also a place to see outstanding trees. There are many reasons why cemeteries offer superior trees. Cemetery trees are not disrupted by power lines, sidewalks, driveways, or other urban features that impacts a trees growth. Trees are often left alone in a cemetery and allowed to grow to their natural height and spread. For this reason, cemetery trees are often on big tree registers, and some cemeteries also serve as an arboretum.” I won’t say that we were dying to know this Mary, nor will I say we buried the lead, but it is some TREE-mendous information. Your Pal in the Trees,

- Stewart

W.Va., was not injured in the crash and remained on scene. No charges have been placed. The crash remains under investigation. Virginia State Police was assisted by the Frederick County Sheriff ’s Office, Gainesboro Fire and Rescue, and Round Hill Fire and Rescue. Fatal Crash in Frederick County Virginia State Police Trooper S.R. Marks is investigating a single-vehicle fatal crash in Frederick County. The crash occurred March 23, 2019 at 8:45 p.m. on Route 641 (Double Church Road) at ½ of a mile north of Route 639 (Refuge Church Road). A 1992 Honda Civic was traveling south on Rt. 641 when the driver lost control of the vehicle and crossed the center-line, ran off the left side of the road before striking several trees. The driver of the Honda, Gavin P. Tylen, 22, of Stevens City, Va., died at the scene as a result of his injuries. Tylen was not wearing his seat belt. A passenger, Jacob M. Stevens, 18, also of Stephens City, Va., died at the scene as a result of his injuries. Steven was not wearing his seat belt. Speed is a factor in the crash. The crash remains under investigation. State Police Make Arrest in Clarke County Homicide A West Virginia man has been arrested and charged with the murder of a Loudoun County man. The Virginia State Police has obtained warrants in Clarke County, Va., for 1st degree murder, use of a firearm in the commission of a felony and possesThe Front Royal/Warren County Tree Steward program began in 1997 with volunteers dedicated to improving the health of trees by providing educational programs, tree planting and care demonstrations, and tree maintenance throughout the community. The group now consists of over 30 active members with several interns working toward becoming certified tree stewards from our annual “All About Trees Class”. Each month Stewart will answer a question from our readers. Please forward it to “Stewart” in care of: frwctreestewards@comcast.net and we may publish it in a future issue. Please visit our website at:

www.treesfrontroyal.org

Early April, 2019 • Warren/Frederick County Report • Page 25

sion of a firearm by a convicted felon for Dale Lee Wright, 50, of Charles Town, W.Va. Wright will appear in Clarke County upon pending extradition from West Virginia. Thanks to the many tips and information provided the Virginia State Police since the homicide occurred Sunday morning, VSP special agents were able to quickly identify Wright as the individual Jeffrey B. Evans, 72, of Bluemont, Va., met in a gravel lot on Castleman Road on March 17, 2019. They met up at approximately 11:15 a.m. Sunday for a business transaction they had prearranged. During the course of their meeting, an altercation ensued and Evans was shot by Wright. Evans was able to drive away from the lot, but then crashed at the intersection of Castleman Road and Route 7 at approximately 11:24 a.m. Wright was seen by several motorists on Route 7 running on foot over to Evans’ pickup truck after it crashed. Wright then fled the scene. Evans succumbed to his injuries at the scene. His remains were transported to the Office of the Medical Examiner in Manassas for examination and autopsy. The criminal investigation remains ongoing at this time. The West Virginia State Police, Pennsylvania State Police, Tennessee Highway Patrol, and Clarke County Sheriff ’s Office have been assisting VSP with the investigation.

Hash was charged with 46.2853 reckless driving. The crash remains under investigation. Virginia State Police was assisted by Stephens City and Middletown Fire and Rescue Departments. Fatal Pedestrian Crash in Frederick County Virginia State Police Trooper S.T. Pauley is investigating a fatal crash in Frederick County. The crash occurred March 15, 2019 at 5:40 a.m. on Interstate 81 at 1.5 miles north of Route 11. A 2006 Audi S-4 was traveling south on Interstate 81, when a male pedestrian suddenly ran into the southbound travel lanes. The Audi was unable to avoid striking the man. The Audi immediately stopped at the scene and it’s driver, a 23-year-old West Virginia man, was not injured. The male subject died at the scene. Further investigation revealed the he had walked from the Rest Area at the 320 mile marker on Interstate 81. His remains have been transported to the Office of the Medical Examiner in Manassas for autopsy, examination and positive identification. The crash remains under investigation. No charges were placed.

Serious Crash in Frederick Virginia State Police Trooper A.S. Eckman is investigating a two-vehicle crash in Frederick County. The crash occurred March 15, 2019 at 3:20 p.m. on Interstate 81 at 1/4 of a mile north of Route 627. A 2009 Lexus GX470 was traveling south on I81 in the left lane when the driver lost control and collided with a south bound 2013 Kenworth Tractor Trailer that was in the right lane. The Lexus ran off the roadway left into the median and over turned several times before coming to rest. The driver of the Kenworth, Philip E. Carter, 53, of Kearneysville, WV., was uninjured in the crash. Carter was wearing his seat-belt. The driver of the Lexus, George C. Hash, 22, of Rye, NY., suffered serious injuries in the crash and was transported to Winchester Medical Center. Hash was wearing his seat-belt.

Joshua Coffelt, 28

Man arrested for murder At approximately 12:30 a.m. on March 24, 2019, Winchester Police officers were in the 400 block of North Kent Street when they heard shots being fired at the Elks Club, located at 414 North Kent Street. One victim died on scene. The Winchester Police Department (WPD) has identified the deceased male victim as Michael William Harris, 38, of Winchester. Two other victims were shot and are being treated at the Winchester Medical Center for nonlife threatening injuries. During the investigation, officers identified the suspect as Joshua Coffelt, 28, of Winchester. A warrant for murder was obtained. At approximately 9:30 a.m., WPD

was alerted to his whereabouts in the 2200 block of Wilson Blvd. Officers located Coffelt inside of an apartment and took him into custody without incident. This is the first murder for the City of Winchester in 2019. The WPD was assisted by Frederick County Sheriffs’ Office, Virginia State Police, and federal law enforcement agencies. The incident remains under investigation. Anyone with information, should contact the Winchester Police Department at (540) 662-4131.

strangulation, domestic assault and battery, violation of a protective order, and obstructing use of a telephone. He is currently being held without bond at the Northwest Regional Adult Detention Center.

...also in Front Royal

4-H Water Tank Out Of Service

Marvin Johnson, 27

Man arrested following domestic-related incident On March 19, 2019, at approximately 8:05 pm, the Winchester Police Department (WPD) responded to the 2500 block of Wilson Boulevard for a report of a domestic incident inside an apartment. Emergency Communications personnel alerted officers arriving on scene that the male involved was outside the apartment complex with a knife in his hand. Utilizing crisis intervention techniques, officers were able to convince Marvin Johnson, 27 years of age, of Wilson Blvd, to drop the knife. Officers located a 23-year-old female victim inside her apartment suffering from redness around her neck and difficulty breathing. She reported that Johnson, an ex-boyfriend, gained entry into her apartment through an unlocked window. It is alleged that when she saw Johnson, she attempted to exit the apartment and call 9-1-1. Johnson grabbed her cell phone, pushed her onto a mattress, and began strangling her. After the female was able to free herself, she ran to a friend’s apartment, where the 9-1-1 call was made. Johnson knocked on the apartment door but was unable to gain entry. Johnson was charged with breaking and entering, abduction,

build up in the water mains which do not affect the water’s safety. If discoloration occurs after crews have flushed the hydrants, run all water faucets for one to two minutes to clear the water. Questions or concerns about hydrant flushing can be directed to the City’s Public Utilities Division at 540-667-1815.

The Town of Front Royal will be taking 4-H 100,000-gallon water storage tank out of service from Friday, April 19, 2019 through May 10, 2019 for maintenance repairs and painting. Tank Repairs will be done under our maintenance service contract. Customers may experience periods of lower Water Pressure. We apologize for any inconvenience. If any questions, contact the Water Treatment Plant at 540636-7474.

The Town will be flushing fire hydrants throughout the community the weeks of April 1 - 12, 2019 between the hours of 7:00am and 3:00pm. Hydrant flushing helps to keep water lines free of deposit buildup and to check the mechanical operation of fire hydrants. Bi-annual flushing is necessary to provide better water quality and fire protection. Daytime flushing allows crews to perform minor repairs to hydrants to provide continued operation. Customers may experience periods of low water pressure and/ or discoloration of water during flushing. If you experience discolored water, run your cold-water tap until it clears. During periods of discoloration, postpone washing clothes and limit your use of hot water until the cold water clears. Hydrant flushing also results in water on the roadways. Motorists are asked to use caution while driving during these times. Department of Public Works (540) 635-7819, Monday-Friday, 7:00am – 3:30pm.

Winchester hydrant ﬂushing program begins Monday Beginning Monday, April 1, and continuing through October (weather permitting), the City’s Utilities Division will be testing and flushing all of Winchester’s 1,200 fire hydrants as part of an annual maintenance program. The process of periodically “flushing” fire hydrants is an important preventive maintenance activity and is necessary to maintain a high quality and reliable water system. It is also helps make sure the fire hydrants are fully operational in the event of a fire. As a result of this program, customers may notice some discolored water, but there will be no disruption of service. This discoloration consists primarily of harmless silt and minerals that

City-wide sidewalk repair program to begin March 27 On Wednesday, March 27, 2019, the Winchester City’s sidewalk repair program, approved by City Council on January 8, 2019 (R-2018-17), will begin in the City’s North End. The contractor will be grinding down uneven sidewalks to reduce trip hazards and the City’s staff will follow to apply colored asphalt to smooth broken or uneven sections. The city will be divided into sections, similar to the leaf collection process (map), with repairs beginning See BRIEFS, 27

Page 26 • Warren/Frederick County Report • Early April, 2019

Engle’s Angle: “Ah-choo!” By Kevin S. Engle My wife has been sick for more than a week. Bad cold, sore throat, headache, sinus congestion. She’s been sneezing a lot too. But she does that all the time. Not just when she’s sick. Every day is typically a big sneeze day for my wife. And when she starts, it goes on for a while. She’s usually good for three or four at a time. Sometimes more. It’s not worth saying “God Bless You” or “Gesundheit” after the first one. Just give her some time until she’s finished. Me, I’m typically one and done. I’ll have the occasional twofer, but not all that often. What does happen is I’ll start that second sneeze only to have it fizzle out at the last moment. I hate that. In high school, I had a friend who’d usually sneeze whenever he walked outside into bright sunlight. In fact, there’s a name for that. It’s called photic sneeze reflex. Seriously. And who says Engle’s Angle isn’t educational? I used to sit next to a guy at work who had the loudest sneeze I’d ever heard in my life. I’d jump whenever he let one loose. It sounded like someone screaming. His cubicle was next to mine. At that time, cubicle walls were high and you couldn’t see the person on the other side. It wasn’t the only thing he did loudly. No, not that. When he cleared his throat, it was almost as loud as when he sneezed. But 1,000 times more disgusting. It was not a nice sound. I shudder just thinking about

it. I had to say something to him once. I couldn’t take it anymore. I don’t remember my exact words, but they were something to the effect of “Do you have to do that here? Go to the bathroom man.” It didn’t make a bit of difference. He kept doing it. And it kept bothering me. Plus everyone else in the office. My wife says I clear my throat a lot. She’s right. It gets on her nerves. I’m sure it does. But what can I do about it? Take something I guess. I don’t even realize I’m doing it most of the time. I’m a loud sneezer too. At home anyway. Not as loud as my former coworker, but loud. “Was that necessary?” my wife will ask. Probably not, but I like the attention. What about the people, typically women, who try to sneeze as quietly as they can? What’s that all about? Are they trying to be polite? It sounds like a mouse sneezing. That’s weird. Just let it out. Or the people who cover their mouth when they’re chewing food? That makes me laugh. In pro sports, like baseball and football, have you seen how coaches and players cover their mouth so the other team can’t read their lips? That’s funny too. Ah, humans, we’re a weird bunch. Gesundheit to us all! The author is sick now. He’s hoping for a twofer. – kevinengle456@comcast.net

The Best of Engle’s Angle

Available from Amazon.com: http://bit.ly/englesangle or pick up a signed copy at: The Apple House in Linden Royal Oak Bookshop, Front Royal or the Winchester Book Gallery.

Early April, 2019 • Warren/Frederick County Report • Page 27

BRIEFS, from 25

in Area 7. These repairs are intended to be a temporary fix to improve sidewalk conditions until funding is available to replace that section of sidewalk. All city sidewalks will be repaired using these methods unless replacement is planned in the next three years in accordance with the projects identified in the Sidewalk Master Plan, such as the city-wide water meter and sidewalk replacement or northeast sidewalk replacement projects. Following Area 7, sidewalks in Area 6 will be repaired with completion expected before July 1, 2019. No road closures will be needed and crews will be working from 8 am-5 pm, Monday through Friday. All repairs, city-wide, are expected to take appropriately 18 months to complete. This sidewalk repair program is being funded by the City’s General Fund ($500,000 in FY19 and $500,000 included in the FY20 proposed budget). To replace all damaged sidewalks in the city, it is estimated to cost over $20M.

Valley Battlefields Foundation and marks the location where the Battle of Cedar Creek began on October 19, 1864. The site is also Stop Number 2 on the park’s selfguided auto tour and is marked by newly installed directional signs, which mark the tour route, making the location easy to find. The Star Party on Saturday, April 13 will begin at 7:30 p.m. The Star Party on August 10th will start at 8:00 p.m. and is scheduled to coincide with the Perseid Meteor Shower, which results from debris stream associated with the comet Swift-Tuttle. The Star Party on October 26 will begin at 6:00 p.m. and will examine a variety of celestial features in the nighttime sky. Each program will include a short introduction by a park ranger, followed by an astronomical related program given by a member of the SAS. Visitors are welcomed to bring their own telescopes or use the ones that will be provided by the Shenandoah Astronomical Society. Cedar Creek and Belle Grove National Historical Park offers a wide variety of ranger-conducted programs, which tell the park’s many stories related to the rich cultural history of the Shenandoah Valley and the American Civil War. These programs are offered regularly. Check the park website (www.nps.gov/cebe) or call (540) 869-3051 for a current schedule.

Star Gazing Parties at Cedar Creek and Belle Grove National Historical Park Cedar Creek and Belle Grove National Historical Park invites visitors to view and learn about the nighttime sky through its annual Star Gazing Parties. These special National Park Service events, held in partnership with the Shenandoah Astronomical Society (SAS) and the Shenandoah Valley Battlefields Foundation, are scheduled for Saturday, April 13, Saturday, August 10 and Saturday, October 26. As part of the National Park Service’s “Find Your Park” campaign, these programs encourage visitors to explore Cedar Creek and Belle Grove National Historical Park in a variety of ways and to discover the night sky in a quiet and peaceful setting. All three programs are free of charge and will be held at the Thoburn Redoubt property, located on Bowman’s Mill Road, in Warren County. This tract has been preserved by the Shenandoah

Winchester Police Department’s K9 Axl has received donation of body armor Winchester Police Department’s K9 Axl has received a bullet and stab protective vest thanks to a charitable donation from non-profit organization Vested Interest in K9s, Inc. The vest was sponsored by an Anonymous Sponsor. “As Axl’s partner, it’s my priority

to ensure that he is protected and safe during our missions. I very much appreciate the donation of body armor by Vested Interest in K9s, Inc.,” stated Corporal Tom Keller, K9 Axl’s handler. Vested Interest in K9s, Inc. is a 501c(3) charity located in East Taunton, MA whose mission is to provide bullet and stab protective vests and other assistance to dogs of law enforcement and related agencies throughout the United States. The non-profit was established in 2009 to assist law enforcement agencies with this potentially lifesaving body armor for their four-legged K9 officers. Since its inception, Vested Interest in K9s, Inc. provided over 3,300 protective vests in 50 states, through private and corporate donations, at a value of $5.7 million dollars. The program is open to dogs actively employed in the U.S. with law enforcement or related agencies who are certified and at least 20 months of age. New K9 graduates, as well as K9s with expired vests, are eligible to participate. The donation to provide one protective vest for a law enforcement K9 is $950.00. Each vest has a value between $1,744 – $2,283, and a five-year warranty and an average weight of 4-5 lbs. There is an estimated 30,000 law enforcement K9s throughout the United States. For more information or to learn about volunteer opportunities, please call 508-824-6978. Vested Interest in K9s, Inc. provides information, lists events, and accepts tax-deductible donations of any denomination at www.vik9s.org or mailed to P.O. Box 9 East Taunton, MA 02718.

New Semi-Annual Billing For Vehicular Personal Property The City of Winchester now offers semi-annual billing for vehicle personal property taxes. This is part of a multi-year transition from the City’s unique billing methods to standard calendar year billing. In this first phase, vehicles newly added to the tax rolls will follow this cycle, but citizens may also transition an existing vehicle by request. Under the new process, the tax

year corresponds to the calendar year (January to December) with semi-annual payments due April 05 and October 05. Taxpayers also have the option to pay the full bill at once. The first set of new bills was mailed last week, including about 2,000 of the City’s 27,000 vehicles. Commissioner of the Revenue Ann Burkholder and Treasurer Jeff Barbour report that initial response has been favorable. “There have been some questions, but once taxpayers understand, they have been quite pleased and some have opted to switch additional vehicles as well,” Burkholder commented. Barbour agrees, saying, “The semi-annual payment option and fixed due dates will help our citizens and commercial vehicles owners better manage budgets and know when to expect bills.” This contrasts with the City’s traditional practice in each vehicle has been assigned a billing cycle (1 through 12) based upon the month the vehicle gains taxable status. Vehicles are assessed at the start of the cycle then billed for the full twelve months at the end of the cycle. For additional information, please contact the Commissioner of the Revenue at Rouss City Hall or visit the Commissioner of the Revenue page on the City’s website.

Foundation of the State Arboretum will host the 30th Annual Garden Fair on May 11-12 from 9 a.m. to 4p.m. both days at the Arboretum. Garden Fair is the Arboretum’s largest and most important annual fundraiser. More than 70 vendors will offer native plants, small trees, herbs, annuals, perennials, berry bushes, boxwood, and much more. Fine items for home and garden and several food booths will also be among the vendor lineup. Garden Fair proceeds support programs and events all year long. It’s a great way to support your Arboretum and find some new additions for your garden and landscape. Admission is $15 per carload. State Arboretum of Virginia, 400 Blandy Farm Lane, Boyce, VA 22620. Call 540837-1758.

The Salvation Army Front Royal Corps Annual Dinner “An American Dream” will be held on Friday, April 5th from 6 to 9 p.m. For information, call (540) 635-4020. Lord Fairfax Community College invites you to help “Celebrate 40 Years of Performing Arts” on Sat., April 6th at 4:30 p.m. Warren County Department of Social Services is hosting the “Every Child Matters Jubilee” on Sat. April 13th from 10 a.m. to 1 p.m. at the Health and Human Services Complex W. 15th St., Front Royal. Bounce house, food, petting zoo and more (540) 8926108. The Laurel Center announces the 2nd Annual Sexual Assault Awareness Candlelight Vigil on April 13th from 6 to 8 p.m. Main St Gazebo, Front Royal. Northern VA 4-H Educational Center Spring Break and Homeschool Day Camps are being held on: April 16 – 19 for Spring Break Day Camp and on April 23 – 25 for Homeschool Day Camp. Registration Deadline for both is April 2. Spring Break Day Camp: Ride the zip-line, take aim on our shooting ranges, and perfect your campfire building skills! This camp is open to youth ages 9-13. For more information and to register: https://form.jotform. com/90484890889175. Homeschool Day Camp: Open to home school students ages 5-18 as of September 30th. Join us as we spend three days exploring Virginia native wildlife with the help of special guests from the Virginia Tech Department of Entomology, Virginia Cooperative Extension, the American Chestnut Association, and 4-H Center Program Staff. For more information and to register: https://form.jotform. com/90484497695173 Blue Ridge Singers, an acclaimed chamber choir, concludes its tenth season with “Oh, What a Glorious Day!” on April 26, 28, 30 & May 5. For more information, please visit our website, www.blueridgesingers.com and like us on Facebook. The Front Royal Independent Business Alliance (FRIBA) will host its 9th Taste of the Town on Friday evening. The Front Royal Independent Business Alliance (FRIBA) will host its 9th Taste of the Town on Friday evening, April 26 from 6 to 9 p.m. on Main Street in Downtown Front Royal. Food from local eateries, tables of information from area businesses See BRIEFS, 28

Page 28 • Warren/Frederick County Report • Early April, 2019

BRIEFS, from 27

and non-profits, moon-bounce, face-painting, magic and balloon animals for the kids, a car show, and live music will all be at the Gazebo. Visit www.Facebook. com/FrontRoyaliba. Mark your calendars for May 11th, for Family Fun Day. Parade and sponsor information is available now. See the folks at C & C Frozen Treats for complete details.

Yard Waste & Chipper Collection Front Royal will begin collecting yard waste Wednesday, March 27, 2019 through January 17, 2020. Collection is every Wednesday except any week that the Town offices are closed due to a holiday. Please note the following rules and regulations for collection: Please have Yard Waste set out at the curb prior to 7:00 a.m. on Wednesdays Place all grass clippings, weeds, and leaves in reusable containers (such as Rubbermaid type bins or cardboard boxes), biodegradable bags, or plastic bags. ALL BAGS ARE TO BE UNTIED. Do not use Town roll-out carts.

Do not mix trash, dirt, rocks, or other debris with yard waste. Root balls, stumps, and firewood logs will not be collected. Bushes and hedges pulled out by their roots will not be collected. Brush must be bundled with rope or heavy twine, cut shorter than 5 ft in length, and weighs less than 50 lbs. The chipper will only take limbs longer than 5 ft in length and up to 8 inches in diameter. The limbs should be stacked and facing the same direction with the cut ends facing the road. The chipper cannot take vines, weeping willow branches, or bamboo. To schedule the chipper, a call must be placed to Public Works at 540-635-7819. The Town does not collect contractor work. All contractors must purchase a dump ticket at the Finance Office located at 102 E Main St to dispose of the items at the Manassas Ave extended site. Department of Public Works (540) 635-7819, Monday-Friday 7am-3:30pm

Samuels Public Library will hold its Annual Fundraiser, “A Taste for Books.” This event has been held at Samuels Public Library since 2012. It is the Library’s only fundraising event for the year and all proceeds go toward improving the resources the Library offers to the community—like providing literacy programs, buying new books, hosting free programs, updating public computers and providing free internet access. In the past, this event has raised over $25,000 and has allowed the Library to add over 10,000 new books to the collection and upgrade our technology infrastructure. This year the theme is “Once Upon A Time...A Taste for Books.” Some past themes include 2018’s “Coming Home” and 2016’s “A Taste for Mysteries.” This year guests, table hosts, and Library staff will celebrate the imagination and take a moment to remember their favorite Fairy Tales. The Library will be divided into three sections and decorated accordingly: castles, cottages and woodlands. Book clubs, non-profit organizations, and local businesses serve as Table Hosts at the event. Table Hosts dress up and decorate their table according to a fairy tale that they have chosen. This year’s attendees will see Jack’s Beanstalk, the gates of Oz, Cinderella’s castle,

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and more. Table hosts also provide a buffet table of appetizer sized ‘tastes’ for the event. Unique foods, beer and wine are available to ticket holders the night of the event. A panel of judges will select the Best Dressed Hosts, Best Decorated Table, Tastiest Table Offerings, and Outstanding Guest Costume for a special award. The night will include an interactive game called “Name That Fairy Tale” that encourages guests to mingle around the Library and among the tables and decorations. There will be music, an exciting

Silent Auction, opportunities for pictures and selfies, and lots of prizes and surprises. Now in its 8th year, the event is highly anticipated and ticket sales have steadily grown to over 300 guests. It is an evening event where local businesses, nonprofit organizations, and clubs come together with the community to dress up, spend time with friends, and discover an evening full of surprises! Tickets are currently on sale at the circulation desk at Samuels Public Library or online at www.tasteforbooks.net. Tickets

New Beginnings Community Greetings “Introducing Your Business to New Homeowners in our Community”

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540-635-8660

Early April, 2019 • Warren/Frederick County Report • Page 29

are $50 each. Buy four and get one free ticket. Samuels Public Library is located in Front Royal, Virginia. It is a 501(c)(3) charity serving around 26,000 patrons, and the only public library in Warren County. Samuels Public Library works to bring people, information, and ideas together to enrich lives and build community. In order to accomplish this, Samuels offers an extensive collection of print, audio/visual, and online resources; in addition to quality programming for children and adults. More information on Samuels Library, its collections, and programs is available at www.samuelslibrary.net

Early April children’s activities at Samuels These are the events taking place in the Youth Services Department of Samuels Public Library from April 1-15. Thank you for sharing this information. More information about Samuels Library and the programs and services available can be found at www.samuelslibrary.net or by calling (540) 635-3153. Tuesday, April 2 – 11:00 Time for Baby. What do books, scarves, puppets, mu-

sic and babies have in common? They are all part of Time for Baby. Join us as we use all of our senses to explore the world around us. This month our theme will be “Goodnight, Moon.” Meet with your baby up to two years of age. Siblings welcome. 4:30 Science Scouts. Explore the mysteries of the world through science! In this weekly program, we will discuss and perform hands on investigations of STEM-related topics. This week we will explore mixtures and solutions. For ages 6 – 11. Registration begins March 2. Wednesday, April 3 and Thursday, April 4 – 10:15 Toddler Story time. 11:00 Preschool Story time. Look up! Our stories, songs, and craft will be about the sun and moon. Siblings welcome. Saturday, April 6 – 10:00 Books and Barks. Come to our extremely popular monthly program that gives developing readers the chance to read and relax with a trained therapy dog. For beginning readers and up. Choose a time slot at registration, which begins March 6. 2:00 Dungeons & Dragons (Group A.) Hail and well met, Adventurers! A new program is taking place for teens 13+. Dungeons and Dragons is an interactive, imaginative game that stimulates the mind with critical thinking, problem solving, and quick wits. New to the game? No problem. Our Game Master is prepared to help all learn the game and provide an enjoyable experience for all. Space is limited, so join up

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while there’s still room on the list! Tuesday, April 9 – 4:30 Science Scouts. Explore the mysteries of the world through science! In this weekly program, we will discuss and perform hands on investigations of STEMrelated topics. Pollination will be the theme of our discoveries this week! For ages 6 – 11. Registration begins March 9. Wednesday, April 10 and Thurs-

day, April 11 – 10:15 Toddler Story time. 11:00 Preschool Story time. Tweet, tweet! Our stories, songs, and craft will be “For the Birds.” Siblings welcome. Saturday, April 13 – 11:00 Kooky Chefs Cook It Up: Flower Power. We all know that flowers are pretty, but did you know that they can be yummy, too?! Let’s do some baking and

sample some treats that feature flowers! For ages 9 and up. Registration begins March 13. 2:00 Game On! Sample games from our new video game collection and give us your recommendations for more titles at our Game On! program for teens! For ages 12-18. Registration begins March 13. Send your news & calendar events to: news@warrencountyreport.com

Page 30 • Warren/Frederick County Report • Early April, 2019

Friday, March 29 A slight chance of showers before 2pm. Mostly cloudy, with a high near 70. Southwest wind around 6 mph. Chance of precipitation is 20%. Friday Night: A slight chance of showers after 2am. Mostly cloudy, with a low around 51. South wind 3 to 5 mph. Chance of precipitation is 20%. Saturday, March 30 A slight chance of showers before 8am, then a slight chance of showers after 2pm. Mostly cloudy, with a high near 74. South wind 6 to 14 mph, with gusts as high as 22 mph. Chance of precipitation is 20%. Saturday Night: Showers likely, mainly after 2am. Mostly cloudy, with a low around 48. South wind 7 to 10 mph. Chance of precipitation is 70%. 8am Edward Jones Race For Education at 522 Heritage Dr. Front Royal. This is a fundraising activity for Warren Coalition education programs and Skyline and Warren County Highs School Cross Country Teams. The race will begin at the Warren County Middle School located on Leach Run Parkway and move toward John Marshall Highway and back again. Sponsored by Edward Jones Financial. 8:30am - 10:30am Abram’s Creek

Nature Walk at Abram’s Creek Wetland Preserve, 1643 Meadow Branch Ave. Winchester. (See March 16) 9am - 2pm Indoor Flea Market at the Front Royal Church Of The Brethren, 106 W. 13th Street, Front Royal.Over 25 tables of treasures!!! Lunch will be sold! To Benefit the American Cancer Society. 1pm - 4pm Exploring Your Civil War Roots at Shenandoah Valley Civil War Museum, 20 N Loudoun St. Winchester. Join Shenandoah Valley Battlefield Foundation Chairman Nicholas Picerno, Shenandoah Valley Civil War Museum Staff, and volunteers in an opportunity to explore your Civil War Ancestry. The public is invited to join us at the Shenandoah Valley Civil War Muse-

um at 20 N. Loudoun Street in Winchester, Virginia, from 1-4 PM. We will conduct free, live research while you wait. Any questions please email: cdalton@svbf.net. Free. 6:30pm North Fork Shen. River Restoration BINGO, 301 North Fork Rd., Front Royal. Doors open 4:30pm. Sunday, March 31 Showers likely, mainly before 8am. Partly sunny, with a high near 54. Chance of precipitation is 60%. Sunday Night: Partly cloudy, with a low around 32. Monday, April 1 Sunny, with a high near 51. Monday Night: Mostly clear, low 33. Tuesday, April 2 A chance of rain. Mostly sunny, with a

high near 51. Chance of precipitation is 30%. Tuesday Night: A chance of rain. Mostly cloudy, with a low around 36. Chance of precipitation is 30%.

volunteers will give tours of Handley Library on the first Wednesday (6:30 p.m.) and third Saturday (1 p.m.) of each month. Learn about the architecture and history of the library. Walk on the famous glass floors and see the well under the stage. Meet in the Rotunda for the tour. The tours are free, but making reservations is helpful. To make reservations or for more information, call 540 662-9041, ext. 11.

Wednesday, April 3 Mostly sunny, with a high near 58. Wednesday Night: Partly cloudy, with a low around 40. 6:30pm - 7:30pm Handley Library Behind-the-Scenes Tour at 100 W Piccadilly St. Winchester. Staff members and

Thursday, April 4 Mostly sunny, with a high near 61.

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Early April, 2019 • Warren/Frederick County Report • Page 31

5pm - 6:30pm Lyme/Tick Disease Support Group at Warren Memorial Hospital Outpatient Center Conference Room (1st floor) 120 N. Commerce Ave., Front Royal. More information: contact Jodie Barnett, DPT at 540-635-0730 or jbarnett@valleyhealthlink.com

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Saturday, April 6 8:30am - 4pm Shenandoah University McCormick Civil War Institute’s Annual Spring Conference at Hester Auditorium, 1460 University Dr. Winchester. “A House Divided…”: Dissent, Disagreement & Subversion During the Civil War Era: The events–John Brown’s raid on Harpers Ferry, the secession crisis, and four years of brutal

conflict–divided more than North and South. In the spring of 2019 Shenandoah University’s McCormick Civil War Institute and an all-star faculty of nationally recognized Civil War historians (Dennis Frye; recently retired chief historian from Harpers Ferry National Historical Park; Jonathan Noyalas, director of Shenandoah University’s McCormick Civil War Institute; Paul Quigley, director of Vir-

ginia Center for Civil War Studies at Virginia Tech; and Jennifer Weber, associate professor of history at University of Kansas) will examine the ways the Civil War era’s events strained relations among political officials of the same government, soldiers of the same army, communities, and friends. http://bit.ly/ CWI2019 1pm - 4pm Engle’s Angle Book Signing at 901 Amherst St. Winchester. Kevin S. Engle will be at the Museum of the Shenandoah Valley signing copies of his book The Best of Engle’s Angle. Kevin writes the “Engle’s Angle” humor column for the Warren/Frederick County Report.

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6:30pm North Fork Shen. River Restoration BINGO, 301 North Fork Rd., Front Royal. Doors open 4:30pm. Sunday, April 7 2pm - 4pm FREE Concert by Five of a Kind Bluegrass Band at Cooter’s, 4768 US 211, Luray. Five of a Kind has been entertaining crowds with traditional Bluegrass since 1980. http://fiveofakindbluegrass.com Cooters: 540-843-2515. Monday, April 8 5pm Advertising Reservation Deadline for Warren/Frederick County Report Newspaper. To place an ad contact Alison Duvall by calling 540-551-2072 or via email: alisond@warrencountyreport.com Friday, April 12 10am - 5pm Northern Shenandoah Valley Quilt Show at the Clarke County Parks and Recreation Center, 225 Al Smith Circle, Berryville. Featuring a beautiful quilt display, vendors, demonstrations and prizes. Bring your scissors to be sharpened while you browse. NSVquiltshow.com Saturday, April 13 8:30am - 10:30am Abram’s Creek Nature Walk at Abram’s Creek Wetland Preserve, 1643 Meadow Branch Ave. Winchester. Join seasoned naturalist and current Northern Shenandoah Valley Audubon Society President Jim Smith for his nature walks in the Abrams Creek area in the heart of Winchester. Send your news & calendar events to: news@warrencountyreport.com

540-635-4734 Humane Society of Warren County 540-635-4734 1245 Progress Drive, Front Royal, VA

HSWC Spring Rabies Clinic! May 25th 2019 from 10-2! Cats must be in carries and dogs must be on a leash. Rabies vaccines $15! Must bring proof of prior rabies to receive a 3 year vaccine! Hello my name is Marley, I am a Neutered Dalmatian Mix. I weigh approximately 85 pounds. I am not sure how I do with dogs, so a dog test well be needed. I am updated on all of my vaccinations.

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Hello my name is Rex! I am a 5 yro neutered Hound. I do well with other doggies but need a home with no cats. I will also need a home with older children as I am a lot to handle. I am up to date on all of my vaccinations and microchipped.

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Page 32 • Warren/Frederick County Report • Early April, 2019

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