Early Tuesday, lawyers for the Village of Waynesville and Waynesville Area Chamber of Commerce met in teleconference with Brian Wildermuth, the lawyer for the Wayne Local Schools.
Wildermuth was brought in to help mediate the dispute.
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The school district has signed an agreement with the village to use police for security details like the one rejected by the chamber before it was amended Tuesday.
When the three hung up, terms had been reached settling a dispute dating back to August 2016 and focused on issues including who was responsible for any misconduct by local police serving as security at the festival.
“I just suggested they needed to get together and talk,” school district Superintendent Pat Dubbs said. “The greater good of the community is what it’s all about.”
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An estimated 100,000 people are believed to crowd into Waynesville’s downtown every year for the festival, which raised more than $100,000 for the chamber last year.
The festival is also credited with replenishing the coffers of the local civic groups that make Waynesville vital, as well as boosting the fortunes of area businesses frequented by the festival crowds.
Last August, the chamber, which puts on the festival, and village council clashed over a range of issues including who paid for and was responsible for what.
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After the festival, the council canceled the festival contract - with three years remaining - and rewrote the rules for local festivals and events in hopes of protecting the village’s interests and better sharing the costs and benefits.
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This prompted warnings from the chamber and a letter earlier this month from the chamber’s lawyer, Martin Hubbell.
“Please advise by noon Tuesday, June 13, 2017, whether the Village is willing to renounce their previous demands. If not, or if I do not hear from you by the designated time, the Chamber will have to seriously consider canceling the Festival,” Hubbell said in a letter sent to Waynesville Law Director Jeff Forbes.
After Tuesday’s teleconference, Forbes sent Wildermuth and Hubbell copies of the festival application and police “special duty detail” agreement with an added clause relieving the chamber of legal liability.
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“Notwithstanding the foregoing, Company shall not be liable for any loss, claims, expenses, causes of actions, costs, damages, or other obligations financial or otherwise, arising from the negligent, reckless, or willful or wanton acts, errors, or omissions of the Village of Waynesville or the Waynesville Police Department and its members,” according to the added clause.
While tentatively agreeing, Hubbell said he was still waiting for a call from the chamber insurance company ensuring him that it would sell them a policy covering the costs of legal defense, in the event there is a lawsuit claiming police misconduct.
Hard feelings remain, but this year’s festival is scheduled for Oct. 14 and Oct. 15 in downtown Waynesville.
“It looks like everything is going to be just fine,” festival volunteer and Waynesville Mayor Dave Stubbs said.
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