On July 6, in response to ongoing concerns about racks of merchandise, rolling carts, temporary signs, and other real and potential summer sprouting on and along Middleburg's sidewalks, Town Council ordered Town Planner and Zoning Administrator David Beniamino to draft a new ordinance, outlining just what local merchants (and others) may display on sidewalks and other public property along and beside the town's streets and roads.

Mayor Betsy noted that any new law will require careful drafting if it is to: 1) address a raft of recent complaints about aesthetics, pedestrian safety, convenience, and potential financial liabilities; 2) meet the requirements of the Virginia Department of Transportation, which actually owns and maintains Middleburg's streets; and 3) be supportive of well-intentioned efforts by local business people to attract customers.

Because Middleburg does not own its streets and sidewalks, Virginia DOT regulations govern what is allowed on what are, legally, public rights-of-way.

In response to a request from Town Planner Beniamino, the Middleburg received several notes from the DOT, spelling out both "prohibited uses within the rights-of-way" (like signs, vendors' carts, and "dwellings") and other uses, such as "flower boxes and other types of ornamental displays," which could be allowed with a special permit.

The Town's annual sidewalk sale, Beniamino noted, is "allowed under a permit as a Town-sponsored event for a specific period of time," but would not be allowed on a permanent basis.

Appearance, Safety, or Both?

Noting that she had heard from "...many individuals saying they liked seeing merchandise outside," Mayor Davis pointed out that the earliest complaints about signs and merchandise on the town's sidewalks focused less on pedestrian access and safety, than on aesthetics, "visual appearance."

Town Planner Beniamino pointed out that, in some cases, approval by the Town's Historic District Review Committee (HDRC) or the Town Planning Commission would be required in addition to VDOT permits for sidewalk "installations." Compliance with the Americans with Disabilities Act, he noted also required five-foot-wide sidewalk clearance.

Noted specifically during the June 6 discussion were Southern States outdoor displays of flowers and wheel-barrows ("beyond what was allowed" by its site plan, according to Beniamino); the Town's own "planters" and benches (apparently not yet formally permitted by VDOT); Crème de la Crème's outdoor displays of merchandise; the jockey statuettes at the Red Fox Inn (removed, because they violated VDOT line-of-sight regulations); the mannequin on the steps of Duchessa; the front door of The Fun Shop (painted without HDRC approval of its color); The Three Crowns ("...would be allowed to display merchandise if they had a site plan that was approved by the Planning Commission for outdoor storage"); Lou Lou II's racks of scarves; the town's ubiquitous sandwich board signs (allowed by Town regulations, against the Town Planner's advice, with many not in compliance with the Town's ordinance).

Concerns About Enforcement

With many if not all the town's retailers suffering from the effects of recession, now was not the time to "come down like a ton of bricks" on the businesses, according to Council Member Bundles Murdock. Enforcing existing ordinances or introducing new ones at this time, she noted, was not only "unfair," but would produce an "uproar."

Vice Mayor Darlene Kirk agreed that now was not the time to "come down like a ton of bricks," but, in her view, for the benefit of all, random displays of merchandise could not be allowed on the town's sidewalks. "What may be tasteful for one person, may not be for another," she said. The only clear, enforceable, and fair standard, she said, would be a total ban.

Council Member Kathy Jo Shea, agreed, noting that she had "...asked that this item be placed on the agenda because she felt the Council needed to address the issue."

According to outgoing Council Member Lisa Patterson, the Town's Planning Commission, on which Shea also serves, was still working on the development of a pedestrian plan for Middleburg, "with the thought that it would be a new section in the Comprehensive Plan." As part of that process, Patterson noted, the Commission had "toured the town to look at sidewalks and pedestrian issues."

Consulting Town Administrator Jerry Schiro, pointed out that Middleburg, currently, had no formal agreement with VDOT "on the sidewalks or who would maintain them and enforce the regulations." VDOT's District Engineer, he said, appeared to be willing to negotiate an agreement with the Town which would identify not only maintenance responsibilities, but also "who would control the sidewalks."

Schiro also warned Council to take care that they did not assume control over the sidewalks and "end up with the maintenance responsibilities by default."

Town Planner Beniamino told Council he had been "holding off on enforcement of the ordinances because he wanted to make sure the Council was in agreement as to how they wished to proceed." According to Beniamino, "when talking about encroachments in the right-of-way, the Town would eventually have to say, 'get it out or we will take it'. In Winchester, which owns its own streets, he noted, merchandise left in the town's rights-of-way without a permit, had been, on occasion, legally removed by Town authorities.

Water

According to Councilmember and Public Works Committee Chair Mark Snyder, despite the appearance of browning lawns, the water table feeding the Town's wells "was fine."

If citizens behave responsibly, and avoid massive outdoor watering to save grass that is going naturally dormant, Snyder noted, "there was no need to act now or warn residents about water use."

Kirk Re-elected Vice Mayor

Darlene Kirk ran unopposed and was unanimously re-elected Vice Mayor by her fellow Town Council Members.

Mayor Davis also appointed Chairs for the Town's standing committees: Finance/Personnel, Vice Mayor Kirk; Public Safety, Bundles Murdock; Public Works, Mark Snyder; Land Use, Trowbridge Littleton; Economic Development, Mayor Davis; Historic District Review Committee Trowbridge Littleton; Planning Commission, Kevin Hazard; Health Center Advisory Board, Darlene Kirk; Pink Box Advisory Board, David B. Stewart; Main Street Middleburg, Economic Development Coordinator Cindy Pearson; Traffic Calming Task Force, Mayor Davis; and, Loudoun County Action Advisory Committee, Kathy Jo Shea.

New Tax Software

At the Council's July 22 work session new software to handle the Town's critical real estate tax billing will be discussed. According to Town officials the current software provider is "going under." Logics, which currently provides software for seven local jurisdictions, and the Town's utilities billing system is apparently "implementing new software for real estate taxes."