Although the Middleburg Town Council has been meeting on a nearly weekly basis, they are still not ready to respond to the request made by Salamander Development LLC for water and wastewater service.

The Town's five primary committees presented their recommendation reports, which Mayor C.M. "Tim" Dimos termed "wish lists", on the Salamander request to the public at a special meeting on February 24.

Public Works called for Salamander to donate their wells to the Town for operating purposes, pay all costs associated with providing water and wastewater service and "other costs which the Town might incur". The Town would provide a pump and line to transport water and be responsible for a water storage facility on Salamander property.

Council Member Mark Snyder added that Salamander must also donate the land that the water tower would be situated on and disagreed with the Mayor, stating that these were minimum requirements, not wishes.

The Land Use Committee's 13-point recommendation included that Salamander transfer easements on their property to conservation easements, reduce developable land within Town to 5-10 acres, agree to an architectural concept plan review by the Historic District Review Committee and prohibit private aircraft transit to and from the spa.

The Finance and Personnel Committee report included recommendations that Salamander pay for taxes on real estate and personal property, a business license and meal and occupancy taxes at rates already established by the Town. They also contend that Salamander should pay the Town water and wastewater user fees, $5 million for implementing those services, additional sums "to finance other costs which the Town might incur", and money for legal costs incurred by the Town for the purpose of a boundary line adjustment or annexation.

Town Administrator Mike Casey explained that if Salamander pays to Middleburg sums laid out in their report, the Town stands to gain sizable income from the operation of Salamander's Inn, spa and restaurant.

The Public Safety Committee report stipulates that Salamander must agree to assess through-traffic to their site and share the costs of implementing necessary safety controls and must address additional parking needs imposed on the Town.

The Economic Development Committee report defined that Salamander should "design, develop and landscape a public parking lot at the north end of Pendleton Street", provide a pedestrian trail through Salamander property "linking the Inn and the Town's commercial district, and to provide resources to "establish an independent Main Street Middleburg program".

Dimos instructed the Council to compile the reports into an authoritative set of instructions that could be discussed with Salamander.

When asked if they would prefer to do so in closed session, the Council agreed and set a special meeting to take place on March 3 for that purpose.

By the time that the Town Council reconvened on March 3, the Virginia Supreme Court had effectively negated Loudoun County's low-growth zoning laws. (See sidebar: "Virginia Supreme Court Opens Door to Developers")

"Everything has changed," said Mayor Dimos.

Town Attorney Liz Whiting explained that the Court had invalidated the mapping of some of the county's rural zoning designations. Whiting reported that there were no longer any AR-1 or AR-2 properties in the county.

Mayor Dimos pointed out that the Salamander property, as a result of the ruling, is now A-3, which means that Dr. Sheila Johnson "has many more options now than before" and wondered aloud if Johnson would now sell her property to developers to "build a slew of McMansions".

The question came about as to whether Johnson was vested and if her intentions had changed. In a timesaving effort, Whiting agreed to ask Salamander their intentions and report back at the regular Council meeting on March 10.

Whiting reported back that Johnson intends to move forward with her Inn and still awaits Council's decision. This knowledge sparked hope in some of the residents present.

Town residents, Tom Patterson, Sonny Underwood and Reggie Dawson each encouraged the Council to move forward with its plans for negotiating with Salamander.

Whiting reiterated, at the Mayor's request, the Supreme Court ruling and how it affects Middleburg. Dimos noted that three County Supervisors introduced a plan to the Board to re-advertise to validate the AR1 and AR-2 zoning. In an effort to encourage the Board to adopt that plan, Council made a resolution urging "the Loudoun County Board of Supervisors to take all steps necessary to address the issues raised in the Supreme Court decision and reenact the AR-1 and AR-2 zoning districts as soon as possible."

The resolution was passed unanimously.

In other business; the Marshall Bank was approved to occupy space vacated by Akre Capital, Middleburg and Potomac Schools were recognized by the Virginia Department of Education for high levels of achievement and Eura Lewis described her experience at the Board of Supervisors public hearing on the Countywide Health Care Facilities Plan.

"The stars were baby Patterson and her mother," said Lewis of Lisa Patterson's presentation to the Board of why Middleburg needs more healthcare facilities. Lewis also addressed the Board to read a May 2004 Council resolution that mirrored the Facilities Plan.

Mayor Dimos noted that the National Historic Trust Site Directors gathered in Loudoun County and dined at the Red Fox Inn.

"It was a great compliment that they chose Middleburg," said Dimos.

Later, the Mayor encouraged the Council to move into closed session to discuss the Salamander response saying, "It's time to drill down and focus."

Hyre interjected with the recommendation that the Council take a vote first to see whether or not members are in favor of annexing Salamander property to the Town.

Aghast, the Mayor asked, "Do you mean to tell me you've already made up your mind?"

Hyre answered to the affirmative but Lewis stated that she saw no reason to take a vote as no agreement had been made on which to vote.

"I think we should go into closed session and thrash this out," said Lewis.

After a 90 minutes closed session the Council scheduled a continuing closed session on the Salamander issue for March 14.