While impacts remain unknown, council forwards changes to ‘Special Events’ Code Chapter

At Monday evening’s Special Meeting of June 1, two members of the public involved in annual downtown events, William Huck (Family Fun Day) and Malcolm Barr Sr. (Memorial Day and Dogs of War salute) addressed the Front Royal Town Council at a public hearing on proposed changes to the Town’s Special Events ordinance. Both wondered what potential impacts sweeping proposed changes to the relevant Town Code Chapter 72 might have on acquiring future permitting to continue their events as they have been previously held.

Barr pointed out the Memorial Day service, which the Town has co-sponsored for several years, was held on the County Courthouse grounds the past two years, including the previous day, due to Novel Coronavirus-pandemic social distancing restrictions. However, both that and Huck’s annual Family Fun Day are traditionally held at the Village Commons area bordered by the Town Gazebo, Visitors Center and new Pavilion at the intersection of East Main and Chester Streets and Laura Virginia Hale Drive in the heart of the Historic Downtown Business District.

Council considers what impacts the tightening of its Special Events Code Chapter might result in. A clear verbal explanation was elusive Monday evening. Royal Examiner Photos by Roger Bianchini

As far as an answer to both Huck and Barr’s question – “What’s going on?” as it applies to their events, the verbal answer was somewhat vague. However, a first read through of the two pages of the newly adopted Chapter 72 Ordinance compared to the four pages (in much smaller print) of deleted text indicates much less code detail than previously, with key elements including “Permit Exceptions” and “Permit Revocation/Suspension” kept virtually identical to the comparable deleted sections.

One new section titled “Violations Of This Chapter” appears to contain new language on punitive actions that can be taken by “the Town Manager or a designated employee charged with enforcement of the Code Chapter. That language is:

“Any person who shall violate any provision of this Chapter shall be suspended from having any future events for one year from the time of the event or as the Town Manager or designee deems appropriate based on the violation.” Appeals of such punitive decisions “must be made to the Town Council within thirty days of the decision.”

The new Chapter 72’s opening paragraph acknowledges the changes made as a result of a Town Council directive of May 10, 2021, to staff “to move forward on amending Town Code Chapter 72 Special Events to allow for and reflect new Policy and Procedures to be approved”.

New Chapter 72 Section 1 “Purpose Of Chapter” reads: “The purpose of this chapter is to accommodate competing demands for the public use of Town streets, and public property that are requested to be used for a special event. Policy and Procedures regulating these areas of demand is necessary to maintain public peace, safety, acceptable conditions of traffic flow and prevention of any illegal or unlawful activity.”

After a brief discussion of points raised during which it was noted that most of what was on the table was removal of the old code’s language, on a motion by Joe McFadden, seconded by Letasha Thompson, council approved the new Special Events Chapter 72 Ordinance on a 5-0 vote, Councilman Meza absent.

So, stay tuned – Exactly how these changes impact existing and future event permitting remains to be seen. In the wake of an apparent reversal of last year’s decision to close East Main Street on Spring thru Fall weekends as an economic and tourism incentive that appeared to be very popular with both locals and tourists, as well as all but a small minority of downtown business owners, council has seemed more reluctant to close downtown streets in conjunction with permitted events with the notable exception of the two high school’s outdoor Senior Prom event of May 22 in the Commons area, which also saw the parking lot vacated to facilitate the event.

A third speaker at Tuesday’s Special Events Code Chapter Public Hearing was Edwin Wright of the Manor Line Market. Wright thanked council for considering the needs of downtown businesses in amending their codes.

Mayor’s business request

Also approved by a 5-0 vote following a public hearing at which no one spoke and Mayor Chris Holloway handed his presiding gavel over to Vice-Mayor Lori Cockrell to recuse himself from participation, was a requested vacating of six lots “facing Scott Street” on an “undeveloped (165.5-foot by 40-foot) portion of Carter Street between Breeden Lane and Steele Avenue”.  The mayor’s recusal was because the requested vacating of the property by the Town was by Holloway Construction LLC, the mayor’s residential construction company. A late amendment to the item was the raising of the number of involved lots from five to six.

Prior to the vote several council members commented that Mayor Holloway had not received any preferential treatment on the matter.

“I just want to state that this is something that we think is an amenable decision that is fair and equitable. So, if anyone has any questions about that, we definitely, this is not anything strange. It is very normal business,” Councilman McFadden said to open council discussion.

“I just wanted to say something along those same lines. When we were discussing this, Chris was not present and he got the same treatment as everybody else in town,” Councilwoman Thompson asserted.

“And I’m going to add to that. That all the different departments were contacted – public works and electrical and also the Viewing Committee,” Vice-Mayor Cockrell said of an appointed Town committee of business people, adding, “And all of which said that it would pose no harm to the adjacent property owners. The property owners were given notice about this tonight and could have come in and spoke if they so chose.”

Other business

Also approved without dissent Tuesday night were Resolutions adding Good Friday to the list of municipal holidays and Funeral and Volunteer leave to the list of things town employees can seek time off for. The holiday motion was by Gary Gillespie, seconded by Thompson; the leave matter on a motion by Scott Lloyd, seconded by McFadden.

A Budget Amendment and Bid Approval for work on Happy Creek Sanitary Sewer Replacement were also approved by 5-0 votes, as well as a bid on North Royal Avenue Waterline Upgrades. Councilman Gillespie pointed to those approvals as a sign of council’s commitment to infrastructure improvements.

Town Manager Steven Hicks explains the dynamics of a Town Building Inspections and Environmental Division Department would entail, including his appointment as Town Building Code Official, as Letasha Thompson and Joseph McFadden listen.

Town Manager Steven Hicks also introduced a Resolution on creation of a Town Building Code and Environmental Division. The motion-seconding team of McFadden-Thompson sent that Resolution toward a 5-0 approval. Discussion indicated that Hicks would be appointed the Town’s building code official. It was noted that revenues from fees should see the department “pay for itself” and that all revenue created by the department would remain there and could not be transferred to cover other departmental budgetary needs.