Special Events code, credit card fee waiver set for further council review

Following reports from Warren County Department of Social Services Director John Martz and contracted Tourism consultant JLL representative Bethanie DeRose, the Front Royal Town Council headed into two Public Hearings on controversial initiatives. No action was taken on either, as council decided to take both back to further work session discussion prior to votes on approval.

And while no members of the public weighed in on the first of the two, a proposal to waive credit card fees in the paying of Town bills that would lead to an estimated initial absorption of $140,000 of lost revenue by town taxpayers, council got an earful from seven speakers at the second public hearing on proposed changes to the Town’s Special Events Permitting process.

That earful, led off by Jig and Jive Dance Studio proprietor Annie Guttierrez, was essentially that special events’ life in the eligibility-ranking “Matrix” created by town staff under auspices of the Town Manager’s Office would be as nightmarish for many as Hollywood’s “Matrix” movie depicting a false human existence under the control of machines.

Opening the public discussion, Guttierrez noted that smaller community-oriented events like dance presentations her East Main Street dance studio has done in the Gazebo/Village Commons area at East Main and Chester Street, would be hard-pressed to qualify for permits. The 10-category “Matrix”, she observed, as has been noted by others during Town-Public feedback informational meetings, appears heavily graded in favor of larger, tourist-attracting events like the Chamber-sponsored Festival of the Leaves that traditionally launches the Fall leaf tourist season here.

Jig & Jive Dance Studio proprietor Annie Guttierrez led off public criticism of the Town Special Events Permitting proposal on the table. She also presented an alternative proposal that does not rank differing events by the same ‘Matrix’ criteria. Royal Examiner Photos by Roger Bianchini

Guttierrez wasn’t only critical of the system developed by town staff, but also brought an alternate proposal based on a three-tiered events counter-Matrix that would not pit smaller, community-oriented events against major tourism-geared all-day events on a single ranking scale. Her proposal would separate applicants into three categories: 1/ Tourism events like Festival of the Leaves that would shut down the center of downtown, essentially for the entire day with vendors or local businesses set up in the Commons and up and down the street anticipated to attract several thousand visitors; 2/ Community Events forecast to attract 500-plus people that would qualify to close a portion of Main Street and the Commons for up to four hours; and 3/ organizational and small business events such as hers, or perhaps even the annual Memorial Day/Dogs of War event, that would not shut the street down, but would qualify for use of all or a portion of the Village Commons area anchored by the Gazebo and new Town Pavilion with crowds anticipated at 50-plus.

It was this final category that Guttierrez told council she thought was left out of the existing proposal. Joining Guttierrez in seeking a better-devised system not totally weighted toward large, cash-generating events, were Bryan Biggs, John Lundberg, Laura Biggs, Amanda Horne, and William Huck.

Lundberg was particularly critical of the process by which this proposal has been brought forward, and tied that criticism to a broader critique of local government. He called the proposal brought forward, “the imperfect and flawed system for permitting special events in Front Royal developed by Mr. Hicks and his staff” and tied that to the broader issue, long predating the current town manager, of a long-term absence of a unified Town-County written vision statement that would guide issues such as this one toward a common community good.

John Lundberg was pointedly critical, not only of the Town proposal on the table but of a long-term failure of local governments to come up with a unified vision statement to guide issues like Special Events permitting. Bryan and Laura Biggs, who preceded and followed Lundberg to the podium, are seated directly behind the speaker.

He “strongly endorsed” Guttierrez’s alternate proposal, calling it “short, to the point and uncomplicated” as opposed to the town staff plan he termed “too complicated, too expensive for many groups” and “a one size fits all” system he said, “doesn’t apply to many small towns”. Lundberg also wondered at the pace at which the town proposal has been moved forward – “It appears to be a process that is being hurried through for unknown reasons”.

Amanda Horne noted her involvement in organizing last year’s Christmas Market held from 10 a.m. to 6 p.m. downtown on December 12. She noted the interest of vendors regionally once they heard detail of the town’s proximity to Skyline Drive and the national and state parks in Warren County. Perhaps agreeing with Lundberg’s observation about the lack of a unifying community vision, Horne cited Front Royal’s potential as a “destination” community to myriad tourism-friendly, locally-generated assets like special community events. But she worried that the Town wasn’t taking advantage of that potential and was running the risk of being perceived as a “drive-through” community if it limited such smaller, community-oriented events.

Last year’s ‘Christmas Market’ downtown event organizer Amanda Horne told council she believes the town has great destination potential. However, limiting smaller community events due to less initial revenue-producing potential is not the way to achieve that potential, she told council. Below, C&C Frozen Treats proprietor William Huck urged a ‘stronger together’ approach for downtown businesses and the town government. He also cited lost time and opportunity due to a continuation of a 6-year trend of Town waffling on downtown Special Events permitting.

Following Horne to the podium, sixth speaker William Huck, C&C Frozen Treats proprietor and driving force behind the successful Family Fun Day community-directed event centered at the Village Commons in recent years, joined the “slow the process down and get it right” chorus of previous speakers. Huck pointed to six changes to town codes on special events in the past six years. The hanging question appeared to carry on a now-familiar theme – to what end, by what vision are changes being made?
Huck recalled the advent of Family Fun Day when the feedback from the Town was “It can’t be done” – I said, why? To which the reply was “You need a bunch of people; you need experience” a theme carried forward in the current Matrix ranking system proposal. Huck’s counter then, as it was Monday, was, “No, you need heart … you need somebody that’s going to drive behind you and has the heart to pull it off.”

Forwarding a theme of “stronger together” Huck told council he would work with them and town staff toward a mutually beneficial code that would take all aspects and perspectives into account.

The trick it would seem is to forward a proposal to be weighted, not in a one-sided Matrix catering to the greatest revenue-producing events, but toward all creative aspects of the downtown community that in the long run could help establish that community-wide vision making Front Royal a destination, rather than just the occasional pass-through community.

Only one speaker, seventh and final one Kelly Walker, was supportive of the council initiative, and even Walker admitted the proposal probably needed additional research to reach an equitable “compromise” that would allow “worthy” events street closures but not punish downtown businesses that do not perceive a benefit from the closing of East Main Street for special events.

East Main St. closing critic Kelly Walker cited achieving a balance between ‘worthy’ events for street closures and the interest of businesses that don’t see a positive impact from such street closings to vehicle traffic.

Walker has been perhaps the most vocal of what Councilwoman Letasha Thompson identified as “three if I’m being honest” owners of downtown businesses, some with were termed “appointment only” operations, who have led opposition to regular or too-easily permitted downtown event street closings.

Walker noted that her instructional art studio located just in front of the Warren County Courthouse grounds across from Town Hall, saw little foot traffic at that far west end of East Main Street when it was closed to vehicular traffic to encourage the walking mall concept.

When the conversation got back to council, Jacob Meza asserted that the downtown Village Commons town-center anchored by the Gazebo and new Pavilion was “a gathering place” rather than “an events center”. He worried that opponents of the new code were viewing the Village Commons-anchored town Historic Business District “like an events center … to be rented out”.

As noted, no action was scheduled, so no motion was necessary to take the matter back to coming work sessions for continued council discussion and possible further adjustments, or not, to the proposed new ordinance.

Credit Card fee waiver

However, following discussion of the credit card fee waiver proposal, which was slated for a vote following the public hearing at which no one appeared, Meza’s motion, seconded by Vice-Mayor Lori Cockrell, to delay action pending further work session discussion, passed by a 4-2 vote. Cockrell and Gary Gillespie voted against the tabling.
Council discussion indicated a divide among council regarding putting the burden of absorbing a $140,000 and likely to climb, the annual cost of the waiver on all the town’s taxpayers, especially those who do not pay their Town utility or tax bills with credit or debit cards, both of which are charged the processing fee.

Meza did point out that the proposal did not include an estimated $1.77 hike to monthly utility bills to cover the lost revenue. That figure had been generated by the Town Finance Department simply to illustrate the financial impact of the lost revenue on customers were council to decide to make up for it in that manner.

Jacob Meza cited the logistical difference between ‘a gathering place’ like the Commons area and ‘an events center’. Below, Scott Lloyd prefaces a Consent Agenda vote that included his town employee ‘Medical Freedom’ resolution that would discipline, perhaps terminate any town employee who refused to hire or maintain the employment status of a non-COVID vaccinated person.

‘Medical Freedom’

Also near the end of Monday’s meeting, after Councilman Lloyd’s reading of sections of the Town Charter and message from constituents not wishing to be forced to take the COVID-19 vaccination by employers, his Option 2 Resolution noting that Town employees will not be forced to receive the COVID-19 vaccination was approved as part of the evening’s Consent Agenda, without further discussion.

The wording of the “Medical Freedom for Employees of the Town of Front Royal” Resolution to be included in the employee handbook notes that any “person or entity operating on behalf of the Town” … who refuses to hire a job applicant; alters a Town employees duties with what are perceived as negative consequences; or discharges a Town employee based on a person’s refusal to receive any COVID-19 vaccine “shall be subject to disciplinary action, including suspension, demotion, or loss of employment”.

See the Town video for all these discussions, as well as other business and the Social Services and the JLL Tourism consultant reports near the meeting’s outset.