Ordinance could cut back concerts in Sussex County

When the announcement was made earlier this year that Hudson Fields would host a number of outdoor concerts starting in June, Christian Hudson said steps would be taken to make sure noise wasn't an issue.

"We want to be good neighbors, and we're sensitive to noise," Hudson, a managing partner with Hudson Fields, said at the time. "We'll try to mitigate the sound with how we position the speakers and other things."

For some neighbors of the Milton outdoor venue, that wasn't good enough.

Complaints by a "handful" of residents have prompted the Sussex County Council to look at the special events code on the books since 2013 with an eye toward enacting an ordinance that would keep both promoters and residents happy.

Sussex County Administrator Todd Lawson said a key discussion would be about when a special event's size and frequency would require promoters to apply for a conditional-use application.

He said a part of that discussion should be about a special events policy that would deal with public safety. Events with large attendance are required to coordinate plans with the county's emergency operations center, but that isn't always enforced.

"Most do not need emergency responders on site, but there should be a review to see if they are needed," he said. 

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The current code states that events not exceeding three days are not subject to the conditional use process.

Lawson and others have proposed allowing a maximum of five days of events per year at the same location, not including setup or take-down time. 

The county administrator said there will be two public hearings on the ordinance change in September. He hopes people who are affected will weigh in on the matter.

"We want to take into consideration feedback from both residents and promoters to come up with a balanced approach to this ordinance update," Lawson said. "We're trying to keep this moving fairly quickly because everybody is watching to see how this ordinance is updated so they can plan for the future."

While nobody The News Journal talked to near Hudson Fields on Wednesday fessed up to being one of the handful who complained, there were a couple of neighbors who said the noise didn't bother them.

Ron Lewis has lived on Eagle's Crest Road near across from the airport and fields for 50 years and said he rarely hears it when a concert is going on.

"They don't have events there that often," he said. "When they do, it's nice for the community."

The concerts and events at Hudson Fields don't bother neighbor Ted Fort, who has lived on Eagle's Crest Road behind the airport since 1985. Even when Hudson Fields hosted Punkin Chunkin, Fort said the only annoying part was the number of cars parked along the road for the event.

"I've been through them all and it hasn't been an issue for me or my neighbors," he said. "You can hear the music, but the way they set up the stage for concerts, it isn't too loud. They've got it under control."

Steve Kohoskie lives on Robinson Drive in the development directly across Del. 1 from Hudson Fields. While he said it wasn't a complaint, he did confirm that the music can be heard "loud and clear," even a quarter mile away from the stage.

Until this year, Kohoskie thought the only things going on at Hudson Fields were soccer and lacrosse matches and airplanes taking off and landing.

"We don't hear the airplanes unless it's a crop duster coming in very low, but we can definitely hear the music when there is a concert," he said. "It's been so quiet around here for so long. When something like concerts are introduced nearby, you notice."  

Lawson said the new ordinance will be in place by the end of the year, but he hopes it will happen even sooner so promoters have time to plan next season's events.

Sussex County Councilman George Cole, R-Ocean View, said the complaints by residents started a conversation that has been overdue. 

"We've been all over the board regulating and enforcing this," Cole said. "All events are not equal, and we need an ordinance to tighten things up because one size does not fit all."

Business impact

Hudson believes capping it at five events is "extremely limiting" considering the fact that in addition to the planned concerts this summer and fall, the Hudson family hosts a number of Foodie Fest events to benefit local nonprofit organizations and also is the home of the Atlantic Lacrosse Club and its more than 300 members.

Hudson said an economic impact study completed by the University of Delaware's Center for Applied Business & Economic Research shows that the annual economic contributions to the state for the concert venue is $1.6 million, while the athletic facilities and other on-site events have a $170,000 annual economic impact.

"There is no question that if I am limited to five days a year, it will affect my business," he said. "I would like to see at least a dozen events take place out here. We're open to working with the county about the number of events and when they end each night."

The concert stage is set up against an Eagle Crest-Hudson Airport airstrip, facing southeast toward Del. 1 to help direct the sound away from nearby residents.

The concert space takes up about 18 acres of the 80-acre Hudson Fields, the original home of Punkin Chunkin, which hosts events like the annual Foodie Fest series, along with sports tournaments and private events like weddings.

Hudson Fields has hosted national acts before. In the late 1990s, the Delaware River & Bay Authority hosted a string of annual benefit shows for Beebe Medical Center with the Beach Boys, Chicago and Hall & Oates all performing there.

"We're not asking for any more [events] than we've had for a number of years," Hudson said. "We've been holding concerts and events here since the 1950s. I think the history of the facility should be considered."

The first act for the 2017 concert series was Nashville-based country rock five-piece Old Dominion, the reigning Academy of Country Music Awards New Group of the Year.

Hudson Fields hosted country artist Cole Swindell on June 22. A few days later on June 25, a double shot of reggae took the stage with Dirty Heads teaming up with SOJA, the Grammy-winning eight-piece featuring Seaford native Trevor Young as lead guitarist.

Two-time Firefly Music Festival act Fitz and the Tantrums brought a taste of Firefly a little farther south than its Dover home on July 20.

Rounding out the concert schedule will be a Christian Music Festival featuring For King and Country and Matt Maher is slated for Sept. 15.

"I'm all for the arts," Hudson said. "I hope Hudson Fields and other venues will be able to continue bringing them to the people of Sussex County and Delaware. I believe the council will do the right thing in the end."

Another Sussex County outdoor venue, the 2,400-person Freeman Stage at Bayside near Selbyville, opened in 2008. Officials there say the ordinance would not affect events there because it does not fall under "special events" as defined by the Sussex County Code.

"The Joshua M. Freeman Foundation's  Freeman Stage and the future Coastal Arts Pavilion are permitted by Sussex County as part of the Americana Bayside MR-Residential Planned Community (RPC), and are designated for the purpose of holding such events," said executive director Patti Grimes. 

Reach Jerry Smith at jsmith17@delawareonline.com. follow him on Twitter at @JerrySmithTNJ.