At its regular monthly meeting on October 12, the Middleburg Town Council conditionally approved a request by Chat Hughey to allow the removal of ten trees to facilitate construction of the "Chinn's Crossing," a mixed-use retail and office development on property across the street from Middleburg Bank, on the north side of Washington Street.

The council did so with regret, and with one member voting in opposition to a motion that would approve removal if, and only if, construction was actually in progress on the site.

According to Town Planner David Benimaino, nine of the ten "Chinn's Crossing" trees were "either in poor shape or insignificant." It was the tenth tree, a large willow oak some 22 inches in diameter, that proved most frustrating to Hughey, his architects, and the town.

The original plan for "Chinn's Crossing" called for its buildings to be set back a significant distance from the front property line: a plan that would have saved the 22-inch oak.

In 2005, however, the town's Historic Review Committee recommended that Hughey's plans be amended, siting building fronts more or less flush with the front property line, to preserve the traditional "look and feel" of Middleburg's "downtown."

Hughey responded positively, and hired well-known historical architect, Richard Wagner, to completely redesign the project.

The Historic Review Committee conditionally approved the redesign on October 5, 2006, with the proviso that final approval depend upon the town's Streetscape Committee, and ultimately the Town Council itself, to approve removal of the trees.

Four days later, on October 9, the Streetscape Committee asked Hughey to save the 22-inch willow oak, recommending that he provide a fifteen-foot setback "from any clearing or grading on three sides" of the tree.

The designers of "Chinn's Crossing" pointed out that to do so would require at least a twenty-foot set-back from the sidewalk on Washington Street and render worthless the plans he'd drawn, at great expense, at the specific request of the town's own Historic Review Committee.

According to Town Planner Benimaino, it could be reasonably argued that requiring yet another redesign would constitute an "unreasonable burden" as defined in the Town's own zoning ordinances.

The Council agreed, but Council Member Lisa Patterson noted that, in the past, trees had been cut down to accommodate "plans" for development that, in fact, never took place.

After lengthy discussion of other alternatives to save the "Chinn's Crossing" oak, the Council reluctantly approved its "unreasonable burden" removal, with the proviso that it take place if, and only if, actual construction of the "Chinn's Crossing" buildings were underway.

Helen Hyre Resigns

In a letter to the Council Helen Hyre submitted her resignation, effective immediately, citing personal reasons.

In a flier circulated over Town Clerk Dianne MacMillan's signature, the Town announced that it is "considering candidates for appointment to vacancies on Town Council and two town Committees. Hyre's place on the council will be filled "from among the qualified voters of the town" by a "majority vote of the remaining members of the Council."

The Town is also seeking town residents for positions on the Board of Zoning Appeals, and any qualified candidate, resident or not, for positions on the Middleburg Historic District Review Committee.

For details, and to apply, contact MacMillan at the Town Offices at 10 West Marshall Street.

Salamander Plan Moves Forward

Over Mark Snyder's opposition, the Council referred the latest iteration of Salamander's Concept Plan for its development of the north side of Middleburg to the Town Planning Commission. The plan encompasses Salamander's proposed Spa and Inn, 49 residential units that can be built on the property "by right," and Salamander's requests for some additional commercial and residential uses, over and above those originally under consideration. Snyder continues to express his distress at the Town's apparent willingness to grant Salamander significant new rights to commercial development with little or no additional compensation to the Town.

For the most current overview of the Salamander plan, see the map on this page.

Though both Salamander Development and the Town Council have pledged to work together closely, the approval process remains lengthy and, possibly, contentious.

According to an overview provided Council by Town Planner and Zoning Administrator, David Beniamino, the next steps, in order, include: 1) a town Planning Commission update and approval of Middleburg's Comprehensive Plan and Small-Area Land-Use Plan; 2) approval of a Special Use Permit for Salamander's "Rural Resort;" 3) a plan review and an offer of recommendations by the town's Historic District Review and Streetscape Committees; 4) approval of a specific "site plan" for the proposed "Rural Resort and Spa;" 5) approval of specific zoning and occupancy permits, which will also allow Salamander to seek building permits from the County; 6) completion of the "proffered" rezoning of the Salamander site for residential and/or commercial use. ("Proffers" are, essentially a developer's "voluntary" agreement to either do things (like build roads, or offer cash to public schools or law enforcement), or not do things (like keeping the property brightly lit all night) that are not strictly required by law, in exchange for rezoning. Council Member Mark Snyder's vote against moving the process along centered on his concern about the appropriateness of Salamander's current "proffers."); 7) final "subdivision" approval for any commercial or residential lots on the property; 8) site plan approval to any commercial lot; and 9) the issuing of zoning and occupancy permits for both residential and commercial construction.

Town Planner Beniamino notes that " . . . Salamander has given [the Town] staff indications of a very aggressive timetable in which to begin to review applications . . . ."

Town Staff Gathers Strength

Acting Town Administrator Claudia Dornin announced that the effort to find a full-time candidate for her job is moving forward, that the deadline for applications had passed, and that the Town's Finance and Personnel Committee would be reviewing applications over the next several weeks.

Dornin, took on the job of Acting Town Administrator in addition to her economic development activities after Council's sudden firing of Town Manager Mike Casey this summer. Staff turnover was one of the issues most often cited in connection with Casey's dismissal.

Dornin's rebuilding program took another step forward with the announcement that Cindy Pearson has joined the town staff as an administrative assistant, effective Monday, October 16.

Dornin also greeted the return of Utility Supervisor David Gartrell from nearly a month's medical leave. She applauded Gary Garret, Marvin Simms and David Thomas for their extra efforts in handling the town's water and waste water system responsibilities during Gartrell's absence.

Street Sweeping

Regular sweeping of the downtown streets began officially on September 21 and will continue through November 30. Because sweeping takes place, weather permitting, on Friday mornings between 2:00 AM and 5:00 AM, Dornin asked that residents avoid parking in the town's commercial areas on Thursday nights.

Audit, Mayor's Report on Town Finances Still in Progress

Representatives of the accounting firm, Mitchell and Company, continue to work on auditing the town's books for last year.

According to Claudia Dornin they are "close to completing the on-site work" after which, "they'll develop a report for Council."

The Mitchell audit will play a critical role in Mayor Betsy Davis's efforts to put together a complete report on what happened to the town's finances, and why, prior to the departure of former Town Administrator, Mike Casey.

Davis has promised to do her best to complete such a report before the end of the year, a task that is reportedly proving more difficult than expected in the face of current work loads, staff vacancies, and the necessity of providing training and orientation for new staff as day-to-day work continues.

The Acting Town Administrator continues to enforce strict adherence to a strict interpretation of the town's requirements that Council approve certain large invoices, work orders, and proposals. No retroactive approvals were required or requested at the September 27 special session of Council. Council unanimously approved Dornin's request to pay up to $2,800 for water-system repairs.

State Funds Forthcoming for Liberty Street Parking Lot

Dornin also told a pleased Council ". . . a letter was sent to the Virginia Department of Transportation, on October 5, requesting that funds be released for the T21 grant that we had on Liberty Street." The State funds had been delayed due to the Town's failure to comply with a number of state requirements in the construction of the lot.

With those issues now addressed, Dornin estimates that funds may be transferred from the State's coffers to Middleburg's in as little as two weeks following confirmation of compliance.

"I would hope that by the time we meet again," she noted, "we would have that funding."

High Voltage Lines

The State Corporation Commission confirmed receipt of the Town Council's unanimous September 27 resolution opposing a request for the designation of a "National Interest Transmission Corridor" by PJM Interconnection, Allegheny Energy, and Dominion Virginia Power.

Among other things, the granting of such a request would allow the use of Federal imminent domain to seize private property to clear a right-of-way and string a high-voltage power line through the county. Council also expressed its concern for the viewsheds, historic sites, and sensitive environments that would be affected.

The Council sent copies of the resolution to the Governor of Virginia, the U.S. Secretary of Energy, to Congressman Wolf, to both Virginia senators, key state legislators and other stakeholders and opinion leaders.

Police

Council commended the Middleburg Police department for its active enforcement of the town's speed limits.

Chief Steve Webber's report for September noted 32 traffic tickets issued and only two traffic accidents. Some 142 "calls for service" to the department required only three arrests, Webber's force issued 99 parking tickets, reflecting the impact of new time limits and meters in the downtown business area.

Claudia Dornin reported that at least one unnamed citizen actually appeared pleased to be ticketed, appearing at the town offices to pay the fine, noting that the time limits were needed, and applauding their enforcement.

Leesburg's Downtown Business Association Paints the Town Pink

Leaders of Leesburg's Downtown Business Association painted the town pink during the month of October for the second year to mark Breast Cancer Awareness Month, and to honor the memory of former business owner Marilyn Helms-White who lost her fight against cancer this summer. The local campaign coincides with the national effort to raise awareness of the importance of regular breast exams among women of all ages and their families. The initiative also helps local breast cancer support organizations, and ensures that American Cancer Society information about breast cancer and its prevention. Business owners display pink ceramic pumpkins to let customers know that they are partners in the initiative. Many organize their own customized campaigns to raise awareness about breast cancer, and although the campaign is not a traditional fund raiser, many retailers donate a percentage of sales on certain items to benefit a variety of organizations. One organization that benefits from Leesburg's annual "Paint the Town Pink" campaign is the local Mary Elizabeth Miller Foundation. The foundation was organized by her children in honor of Elizabeth {Beth} Miller, former Loudoun newspaper publisher and Loudoun Hospital Center board member. Business leaders who joined the 2006 "Paint the Town Pink" campaign include: Eyetopia, Rouge Spa and Apothecary, The Lavender Moon Soap Company, Posh on King, the Feathered Nest, Lightfoot Restaurant, Kelly Insurance, Imagine That, Esoterica, The Potomac Gallery, All the King's Horses, Otter Creek Antiques, Black Shutter Antiques, Oasis Day Spa, Persnickety Palm, Boodle-by's, The Leesburg Bookstore, Lou Lou's, Crème de la Crème, The Pink Shop and Madisonbelle.