Discussions of draft amendments to the town's "Garbage, Rubbish & Refuse" regulations dominated the Thursday, September 9, regular monthly meeting of the Middleburg Town Council.

Bins

A review of the section on "containers and receptacles" prompted an observation by Councilmember Bundles Murdock that only garbage cans seemed to covered by the rules. "What about recycling bins?" she asked. When Town Clerk Rhonda North confirmed that the Town Code did not contain a section on recycling bins, Councilmember Mark Snyder suggested it should.

Murdock also noted that, in view of recurring problems with paper "flying out of the bins," any new rules should include a provision requiring "tight-fitting lids." The town does not currently supply tops for its recycling bins, and according to Murdock, no such lids are available, even for private purchase.

According to the Town Clerk, Front Royal once offered residents the option of purchasing bins with lids. Most residents, she noted, didn't purchase a top and those who did soon discovered that the lids, the most expensive part of the bin, quickly disappeared.

Councilmember Kathy Jo Shea observed that, now, recycling bins were available with built-in lids. Consulting Town Administrator Jerry Schiro confirmed that such bins could be purchased at Home Depot.

Noise

When asked if the new trash regulations were consistent with Middleburg's noise ordinance, Town Planner and Zoning Administrator David Beniamino noted that "town-designated trash companies" were excluded from the provisions of the ordinance, though "private companies" were required to abide by its provision.

At Councilmember Bundles Murdock's request, the Latin term "mutatis mutandis" was replaced by "to the extent applicable".

When asked about an apparent absence of regulations concerning animal wastes, Town Planner Beniamino opined that the matter was covered in the "animal section of the Town Code."

An appropriately revised draft ordinance will be submitted for Council's consideration.

MVFD

Brad Draisey, President of the Middleburg Volunteer Fire Department, prefaced discussion of his department's request for Special Use Permit on Thursday, with a brief explanation of what he termed "a recent investigation" that had led to the resignation of the department's Chief and four other firefighters.

According to Draisey, the investigation was officially set in motion by the Chairman of Loudoun County's Fire & Rescue Commission, who contacted the Middleburg department about "allegations" of misconduct.

While offering no details of the nature of the alleged misconduct, Draisey reported that three firefighters had been immediately placed on administrative leave while the Fire & Rescue Commission, the Loudoun County Fire & Rescue Department and the Loudoun County Sheriff's Department conducted formal inquiries.

During the course of that investigation, he reported, five members of the department resigned: two who were already on administrative leave and three others who, according to Draisey, "resigned due to loyalty to the Fire Chief."

Draisey assured Council that "the investigation was now complete; that no criminal charges would be pursued," and that at no time had the residents of Middleburg been at risk.

Loudoun County Fire & Rescue, he noted, will continue to assign career staff to Middleburg until new members could be recruited for the Middleburg volunteer department, which was only eight members strong on September 9.

Draisey assured the Council that the department's "problem children were gone" and that they had "a better system in place to ensure there were no reoccurrences."

Special Use Permit

The Fire Department has requested a Special Use Permit from the Town in order to improve and enlarge the fire station.

According to Town Planner and Zoning Administrator David Beniamino, the Town Planning Commission made its approval of the request conditional, insisting:

(1) that the entrance to the station be widened, to the extent practicable, to improve access to Route 50

(2) that vegetation obstructing sightlines from the entrance be removed if possible, and managed in any case.

(3) that a flashing warning sign be installed on Route 50 to warn motorists when emergency vehicles were about to enter the highway

(4) that, in order to disturb as few people as possible, the station's emergency generator operate only from noon until 3:00 p.m. on weekdays

(5) that the Planning Commission be given sixty days notice "prior to the start of construction" for review and comment;

(6) that fuel tanks on station property meet County and State standards; and,

(7) that the department not use, advertise, or market its new and enlarged community meeting room for events not directly related to, or sponsored by the department.

Middleburg Elementary School Centennial

Terri Domanski, a member of the Middleburg Elementary School Centennial Committee updated Council on current plans for the 2011-2012 school year, and asked for both ideas and funding to make the school's one hundredth year a rousing success. The Committee will meet in October complete its plans for the year and budget. Mayor Davis thanked the Committee for its work to date, and suggested that funds might be forthcoming from the Town's Health Center Fund.

According to Domanski, Virginia State Senator Jill Vogel has been working with the Committee to build an endowment fund for the school, that Loudoun County School Superintendent Ed Hatrick has approved the establishment of such a fund, and, "has stated that he would recommend to the School Board that the issue of closing the school be taken off the table if such an endowment was developed."

Refinancing Town Debt

Without opposition, Council adopted resolution authorizing Davenport & Associates, financial advisors to both the town and Loudoun County, to begin work necessary to refinance utility bonds issued by the Town in 2007. Davenport's Joe Mason told Council that refinancing through the Virginia Resource Authority (VRA) could well save the Town more than $120,000 over the next three years.

Cherry Blossom Breast Cancer Walk

For the fourth year in a row, Council unanimously approved a resolution of support for the Cherry Blossom Breast Cancer Foundation. The Foundation's Lori K. McGuinness appeared before Council on September 9, to ask for that support, and to report that, for first time in four years, the Foundations run/walk events will take place in Middleburg, Warrenton and Leesburg on the same day, Sunday, October 10.

McGuinness noted that over eighty percent of the $130,000 raised by the Cherry Blossom events over the past three years has been distributed to local organizations, including the Blue Ridge Hospice, Breast Cancer Network of Strength, Fauquier Hospital Warrenton, Middleburg FISH, Georgetown University Lombardi Comprehensive Center Institute, George Washington University Mobile Digital Mammogram Van, INOVA Loudoun Hospital, Loudoun Community Health Center and Loudoun Volunteer Caregivers.

It is hoped that this year's walkers and 5K runners will raise $300 to $500,000.

Speeding on Blue Ridge Avenue

Councilmember Bundles Murdock once again brought to Council's attention what she described as a speeding problem on Blue Ridge Avenue. Noting that residents have reported cars "screaming" by while small children were waiting for the school buses in the mornings, Murdock asked Middleburg Police Chief Steve Webber to increase his departments surveillance and ticketing in the area, and do all in his power to obtain help from the Virginia Department of Transportation, which owns Middleburg's streets.

Request Denied for First Floor Offices

To allow professional offices on first floor – 2 West Washington Street – Middleburg Property Management

Council denied a request from Charles Carroll, owner of the Noble House, to allow professional offices on the first floor of the building at 2 West Washington Street.

According to Town Planner and Zoning Administrator David Beniamino, Middleburg's Planning Commission had recommended denial of the request on the grounds "that a better use of the space would be some form of retail or restaurant use due to the central location of the building in the downtown district."

Beniamino suggestion that a special use permit with a two-to-five-year time limit might be issued, was also rejected.

According to Councilmember Kevin Hazard, the Planning Commission believed that, once office use was allowed, the Town would not get the space back for retail uses. Councilmember Kathy Jo Shea also noted that the Commission had reacted strongly, and that there was actually some debate about whether or not such uses were legal in "first floor" spaces in the Town's central business district.

Noting that "there may be some ambiguity in the zoning ordinance as to what constituted a first floor," Shea argued there was "no ambiguity in the Council's Vision or the Comprehensive Plan recommendation that retail should be on the main street."

Dominion Power

Mayor Davis reported Dominion Power had responded positively to a $1,000 grant request from the Middleburg Community Center, and had also dispatched no less than sixteen people to the Center to help paint and clean the building, do work on the Center's trees and fencing, and spread mulch. The Mayor will issue a formal letter of thanks on behalf of the Town Council.

Orange County Hunt Team Event Planned

The Orange County Hunt Cross Country Team Event will be held Sunday, October 31st at Old Whitewood Farm near The Plains, with the popular Junior Hunter Championship. In 1987, the OCH Team Event, modeled after the English Team Chase, was created to offer an event with something for every level of foxhunter.

The OCH Team Event features teams of three to four horses or ponies galloping over a rolling course of walls, coops, rails and hay bales in two main divisions: Limit Hunters and Genuine Hunters. Team prizes are awarded for ideal time, best turned out and best hunt team. A Genuine Hunter championship also is awarded.

This year only, there will be a special Halloween Parade where prizes will be awarded to the teams with the best costumes for riders and …ponies and horses as well!

Call 540-253-5356 for prize lists. Entries close Tuesday Oct. 26 by 6:00 p.m.