The Franklin Town Council’s unanimous approval of a lease for Root + Barrel was met with applause at the April 4 meeting. The restaurant owners requested to use the space between Town Hall and the restaurant to provide more outdoor dining.
Prior to the vote, former mayor Bob Scott spoke again about the reasons he opposed the lease. He also spoke at the March meeting and has been outspoken about it on social media.
Scott said public property should not be used for private gain and questioned the precedent of allowing businesses to operate on town property. “Would the council allow a food truck to lease a portion of the town hall property for an affordable hot dog stand or any other commercial use?” he asked. “Does the lease represent a public benefit a large? Does it meet ethical standards of council dedicated to serving the public fairly, equally and beneficially?”
He also pointed out that the town does not allow alcohol on other town properties or at town events.
However, attorney John Henning said the alcohol question had already been addressed in a 2014 town ordinance which states alcohol can be served on property the town has leased to a third party “for the express purpose of operating a brewpub, microbrewery, restaurant or similar enterprise, provided that on-premise consumption of such beverages is otherwise permitted by law.” The ordinance was adopted in 2014 when the town began leasing the old Town Hall property to the Lazy Hiker, who subsequently purchased the property.
Henning said the town also approved in 2020 an amendment to the ordinance to allow “out-door seating areas” for restaurants that obtain an ABC permit for sales on sidewalk areas. That amendment largely came about in response to restrictions due to the COVID-19 pandemic.
Scott suggested the decision be put on hold. “It is simply very controversial.”
During the 30-day public comment period, the town received 10 responses, with nine in support and one opposed. Town Manager Amie Owens said that number does not include social media posts as they were not officially submitted to the town and were comments made on private pages not affiliated with the town.
“There has been multiple opportunity for people to come and talk about it,” Henning said. “I am completely comfortable with the reality of it.”
Council Member Stacy Guffey said he has heard comments that approving such a use of the property would change the face of Franklin. “I think it will,” he said, but added it will not be in a way that reduces the quality of life.
He said often small towns get caught up in trying to attract bigger businesses and national chains, but sometimes small changes, such as they one voted on Monday night, can make a positive difference too.
He said several people had asked him why he supported the lease. “I believe it is in the public interest.”
Council Member David Culpepper encouraged people to share their ideas for other opportunities to improve downtown or that will bring more people downtown. “Come talk to us about it. We’re open to ideas about this kind of thing,” he said. “We want to make town more livable for our constituents. We want to get more people downtown. That benefits everybody.”
“And to stay downtown after 6 o’clock,” added Council Member Rita Salain.
Mayor Jack Horton said he understands Scott’s concerns about leasing public property for the benefit of a private party. He also pointed out the town government has been a supporter of downtown.
“I think the town board members are sincere in their desire to do what they think is in the best interest of our town, which we love, and we want to protect, and we want it to grow.”
The Root + Barrel owners estimate they can seat 60 customers in the 600-square-foot space.
“We are very gratified to accept lease terms of the Town of Franklin to lease the plot of land adjacent to Root and Barrel for the purpose of providing an outdoor dining experience for our guests,” said owner Virginia Murphy. “We hope to get started very soon with the project, and truly appreciate all the effort to get this done. We are very pleased to see a town council which has forward thinking momentum.”
The lease will be for an initial period of three years with rent set at $1,200 the first year, $1,500 the second year, and $1,800 the third year.
The lease stipulates that the restaurant will be responsible for:
• All maintenance, repair and upkeep on the patio,
• Fencing off the area with “admittance only by hosts” (cats and dogs only animals allowed) and signage indicating “no alcohol allowed beyond fenced area,”
• Indemnity insurance as required by town.
On Tuesday, Scott said he was disappointed with the council’s vote. “I just don’t think it was right. It shows favoritism to one business to the expense of anyone else who wants to lease Town Hall property.” He said this situation was not the same as when the town leased the old Town Hall to The Lazy Hiker, because that building had been declared surplus and was available for purchase.
“It felt as though we returned to the good-old-boy way of government. Being who you know, not what you know. It was the beginning of changing the character of Franklin. Turning it into something it is not,” Scott said.