The Northern Virginia Daily

March 26, 2010

Front Royal still hopeful for JMU to come to site

EDA director tells town Royal Phoenix cannot be used by any school

By Ben Orcutt

The Town Council is hopeful that restrictions on uses of the Avtex Superfund site can be adjusted to allow James Madison University to offer classes there.

Earlier this week, Front Royal-Warren County Economic Development Authority Executive Director Jennifer McDonald told the panel that the U.S. Environmental Protection Agency and Department of Justice have determined that no school of any kind can be located on the Avtex Superfund site on Kendrick Lane, which is now known as Royal Phoenix, a commercial and industrial redevelopment project.

McDonald could not be reached for comment on Thursday.

"It says in that restricted covenant that you cannot have a school on the site," McDonald has said. "We have to get permission from all of the stakeholders before anything happens here. So when we sent out a notice asking for permission for that to be located here, one of the stakeholders, in his mind, JMU was considered a school."

McDonald did not identify the stakeholder, but said that the person was trying to be helpful.

"They just pointed it out to protect everybody," she said.

In addition to the EDA, the town and Warren County, McDonald said the stakeholders include the U.S. Environmental Protection Agency, FMC, Valley Conservation, Lord Fairfax Soil and Water and the trustee, Anthony Murray.

The original plan, McDonald said, was for JMU to offer an adult degree program, with classes twice a week, from 6 to 9 p.m. McDonald has said she believes the details can still be worked out so that the adult classes can take place at Royal Phoenix.

In the meantime, the EDA is looking for some alternative sites for JMU, McDonald said at Monday's council meeting.

Carson C. Lauder Jr. said Thursday that perhaps Royal Cinemas at 117 E. Main St. could be used for classes during the day on an interim basis.

Other council members also are hopeful that things can be worked out in the short and long term for JMU to offer classes in Front Royal.

"I'm sure we can," Councilman Thomas E. Conkey said. "I think the intent was not to have children there all day long or not to have people living there in a campus situation. I hope we can find something else for them. I'm confident we can."

Mayor Eugene R. Tewalt agreed with his colleagues.

"My thoughts are pretty much like some of the others," Tewalt said. "I think it would be a good thing for them to come here and set up some kind of satellite program."

Tewalt also is hoping the Department of Justice "will come around and allow that property to be used for the best interest of the community."

Vice Mayor Bret W. Hrbek and Councilman Thomas H. Sayre say they find it troubling that a legal restriction is blocking JMU from holding classes at Royal Phoenix.

"I'm sure the EDA will work hard to have JMU to have a presence in Front Royal," Hrbek said. "What I find disappointing is the federal government has once again thrown up things that would prevent this from happening."

Sayre concurred.

"I think it is a shame that JMU cannot come in right now and educate the citizens of our community," he said. "They placed these covenant restrictions to try to protect people, and this one has come back to bite us. I am willing to do whatever it takes to rectify this problem."