Connect with us

Local Government

Weekend flea market expansion, fees face further council scrutiny

Published

on

Work session discussion indicated September 25 as a target date for a new public hearing on changes to Front Royal’s code on flea market operations. Re-advertisement is required because council will be seeking a higher $500 annual fee than was advertised for the Aug. 14 public hearing after which a vote failed to materialize. Photos/Roger Bianchini

Discussion of the aborted vote on a request to expand the weekend days flea markets in Front Royal are allowed to operate indicated a changed consensus on an annual fee structure.  The fee advertised for public hearing on August 14 was $250.  However, John Connolly’s motion to approve the new fee structure and allow Fridays to be added to Saturday and Sundays for weekend days of operation died without a second.

At an August 21 work session, a majority came down in favor of a $500 annual fee.  Only newly-appointed councilman Gary Gillislee said he was okay with leaving it at $250.  Vice-Mayor Eugene Tewalt, Jacob Meza, Chris Morrison and William Sealock all appeared to now favor the $500 fee.  And while Connolly didn’t dissent, he appeared less enthusiastic about the hike.

In fact, it was Connolly who was the staunchest supporter of facilitating any changes as soon as possible and not to hold the flea market operator or vendors responsible for a now six-year lapse in the Town’s collection a daily one dollar per vendor table fee.  Connolly pointed out the town government  has been encouraging businesses – particularly from a tourism point of view – to stay open more days a week, while flea markets are currently “prohibited by law to operate more days.”

He also called any attempt to collect what was estimated to be $20,000 or more in lost revenue due to the failure to collect the daily table fee over the past six years “really sticking it to the little guys.”

However, Jacob Meza countered that it was council’s responsibility to collect back fees; to which Connolly retorted “but the fault was ours.”

By the end of a lengthy discussion Sealock agreed with Connolly, stating, “My opinion is we’re at fault – our staff failed (to collect the money) – I agree with John not to punish the little guy.”

While the Town has not been able to pin down the reason the table fees stopped getting collected, staff noted that one of the proprietor’s relatives believes that discussion of the billing structure in 2011 led to a legal opinion accepted by the Town that the fee wasn’t legal as structured.  Information from an earlier work session indicated that currently vendors pay a $10 annual fee, a considerable discount on a dollar a day of operations if the estimate of 200 days of flea market operations per year is accurate.

Discussion of the amount of an annual fee led to the question of whether the table fee would also be re-implemented.  Mayor Hollis Tharpe wondered if the combination of a peddler’s license fee on vendors, an annual fee and daily table fee might not amount to “triple taxation”.

That discussion led to another question – why hadn’t the dollar a day, table fee been re-implemented once the lapse was discovered during the current code discussion?  Town Manager Joe Waltz replied that when the discussion began about the request to add Fridays with a new fee structure, he anticipated a fairly quick resolution including imposition of a new fee structure.

Vice-Mayor Tewalt initially suggested the dollar a table fee be reinstituted immediately.  When the mayor worried that would entail staff overtime monitoring that the table count and fees were being accurately reported, Tewalt replied, “You’ve got to allow people a chance to be honest.”  The vice mayor said he believed the fee system would be voluntarily observed by the flea market proprietor and vendors and that staff monitoring on overtime would be a “waste of taxpayer money.”

However, as the conversation progressed it appeared immediate re-implementation of the daily table fee was abandoned.  Tewalt asked if council could instruct the town manager not to enforce the fee if the town code currently reflected such a billing method.  Town Attorney Napier replied that legally the best course of action would simply be to notify staff that council didn’t care if the code wasn’t enforced until a permanent course of action was decided upon.

As we pointed out in our story on the August 14 public hearing, the failure to reach a vote that was facing failure may have worked to the applicant’s benefit in not putting any restrictions on when the matter may be brought back before council.  However, during the August 21 work session Town Attorney Doug Napier did explain that if a higher fee structure is proposed than was originally presented for a vote, a new public hearing will have to be re-advertised.

 

Queried on achievable time frames, Town Manager Waltz said the second of council’s September meetings on the 25th seemed more likely than September 11.

Authorization to advertise for a new public hearing on changes to the existing flea market codes was NOT on the agenda of the August 28 council meeting.  So September 11 is definitely off the table; but is September 25 still the target date for that new public hearing?

Your guess is as good as mine …

Front Royal, VA
84°
Mostly Cloudy
7:23 am6:33 pm EDT
Feels like: 86°F
Wind: 7mph W
Humidity: 46%
Pressure: 29.74"Hg
UV index: 0
SatSunMon
54°F / 36°F
61°F / 36°F
64°F / 45°F
Local News42 minutes ago

Virginia State Police Urge Drivers to Stop for School Buses and Students

Local Government54 minutes ago

Economic Development Director Patrick Barker Details Maturing Plan at Town-County Liaison Meeting

Local News60 minutes ago

Virginia Breeders’ Championships Begin This Weekend at Shenandoah Downs

Community Events6 hours ago

Local Author Invited to Share Children’s Book at Irish Castle That Inspired It

Crime/Court7 hours ago

Virginia State Police Seize More Than $334,000 in Drugs, Recover Five Firearms in Weeklong Operations

Business Growth Series8 hours ago

Business Growth Series: Big Projects Don’t Get Done — Small Tasks Do

State News9 hours ago

Data Center Moratorium Bills Stack Up Ahead of Virginia Legislative Session in January

State News9 hours ago

Transgender Care for Young Patients Remains On Hold at Virginia Hospitals

Opinion9 hours ago

Commentary: Spanberger’s Energy Plan Dazzles – and Disappoints

Interesting Things to Know10 hours ago

The Workplace Accommodation That Costs Nothing

Interesting Things to Know11 hours ago

Nothing In Dolly Parton’s Library Is Ever Returned

National News1 day ago

Trump: Execution of Fort Hood Shooter Will Not Be Livestreamed

Community Events1 day ago

Harmony Hollow Holler Music Festival Brings Appalachian Music to Front Royal October 17

Local News1 day ago

Winsome Earle-Sears Warns of Consequences of Virginia’s Proposed Constitutional Amendments

State News1 day ago

Federal Emergency Order Aims to Prevent Power Outages Across Mid-Atlantic, Including Virginia

Crime/Court1 day ago

Warren County Grand Jury Returns 17 Indictments Against 10 Individuals in October Session

Meet the Candidates1 day ago

Text Amendment for Aging in Place Community Succeeds at County Planning Commission Meeting

State News1 day ago

Virginia Lawmakers, Spanberger Grapple With Loss of Federal Healthcare Funds for Trans Youth 

State News1 day ago

Virginia Sees Gains in Kindergarten Readiness, But Gaps Persist for Underserved Students

Paws & Claws1 day ago

One Health: Why Animal Health Is Also Your Health

Interesting Things to Know1 day ago

The Real Winnie-The-Pooh Was a Girl from Ontario

Crime/Court2 days ago

Update: Defense Counsel and Special Prosecutor Reach Plea Agreement on Carter DUI Cases

Obituaries2 days ago

Betty Jean Menefee (1937 – 2026)

National News2 days ago

Trump Administration Appeals Judge’s Order Blocking White House Ban of 3 News Outlets

Local Government2 days ago

Town Council Discusses a Potential Joint Town-County Tourism MOU in Advance of Liaison Meeting