Loudoun's Commonwealth's Attorney accepted Council's invitation in February and spent nearly an hour explaining, and defending, the letter that had set Middleburg on edge. The month also brought a first look at a $6.5 million budget, a sharp exchange over how many visitors a town of 800 can hold, a new auditor, a new lease on an old water tower, and a farewell to this newspaper.

Council met February 9 with all seven members present, and February 23 without Councilmembers Chris Bernard and Cindy Pearson. Mayor Bridge Littleton votes only to break a tie.

The Prosecutor Comes to Town

Commonwealth's Attorney Buta Biberaj came to the February 9 meeting with a simple message: nothing she proposed would let offenders walk ▶ video. Loudoun is "one of the safest communities in the country," she said, and "my intention is never to jeopardize our safety." Every case charged by law enforcement or initiated through a magistrate "will continue to be prosecuted," by her office or by the arresting officer presenting the evidence.

Officers had long presented routine traffic and low-level cases on their own, she said: "This is not a change. It's just a clarification." What had changed was the workload. Body-worn cameras can mean two hours of video review for a single traffic case, she said, across eleven law enforcement agencies and, in 2022, more than 1,500 Circuit Court cases, 2,600 juvenile and domestic relations cases and over 30,000 in General District Court. Her plan would screen cases at arraignment, offer eligible first offenders a deferred finding at the judge's discretion, and send contested cases to trial, with her office still prosecuting Class 1 and 2 misdemeanors other than traffic infractions. She owned the confusion: "I obviously didn't do a good job of making it clear because hence that letter."

Council was polite and unconvinced. "At the end of the day, government is perception," Littleton said, and the perception was "that we won't be enforcing certain things." The letter, he noted, said her office would defer all violations of town ordinances: "this was not we may defer, we will defer," including, he pointed out, Middleburg's ordinance against discharging a firearm. What created "the greatest amount of consternation," he said, was the gap between her presentation and her letter.

Councilmember Bud Jacobs found her reasoning "pretty common sense," but told her the community saw the effort "as rather high handed, conducted without much consultation with your stakeholders," and that "your biggest stakeholder of all is your community." He urged her to hire competent communications help and explain herself publicly. Biberaj accepted responsibility for not consulting the towns. She also said she would not commit to prosecuting traffic offenses even with a hundred attorneys, and that most towns hire their own counsel for ordinance cases.

Littleton asked her to meet with all of Loudoun's towns, which hold half the County's residents, and to report quarterly to the Coalition of Loudoun Towns on whether the change is working.

Afterward, Chief A.J. Panebianco said that if arraignments fall on officers' regular court dates, the impact may be small, and his seasoned officers already present cases. He expects more deferrals than before, though. Town Attorney Martin Crim noted that town attorneys may prosecute town police charges with the Commonwealth's Attorney's consent, and that charges written under the Town Code send the fines to the Town. His firm does just that for Haymarket, Occoquan and Warrenton.

A month later the dispute moved to the County. At budget talks on March 13, Loudoun Now reported, supervisors expressed "frustration, confusion and distrust," rejected a proposal to shift some of her positions to the County Attorney to support officer-led prosecutions, and voted 7-2 to fund one new executive assistant in her office (Loudoun Now, Mar. 14).

How Many Visitors Is Too Many?

Visit Loudoun President Beth Erickson brought good news on February 23: visits to Middleburg up 15.5 percent over 2021, Middleburg in 44 percent of the agency's 777 social media posts, and a spot on HGTV's list of the 30 most charming small-town downtowns in America ▶ video. She asked for more Town funding next year.

One number did not survive the meeting. Her phone-location data showed 32.5 percent of visitors staying six days or more, which she attributed to short-term rentals. Littleton, noting that Middleburg has one legal short-term rental and that most overnight visitors stay at Salamander, was blunt: "I'm a big believer in data, but the only thing worse than no data is bad data." He asked her to correct the report or stop presenting the figure as fact. Erickson stood by the trend but agreed to track it quarterly and check it against Salamander's own figures.

Then the Mayor raised a larger worry: "At what point do we overcook the cake?... This is a town of 800 residents and three blocks of commercial and a fixed number of rooms." When every restaurant has a two-hour wait, he said, the experience suffers, and residents already say "they're not welcome in their town on the weekends." His conclusion: "all economic development is not good economic development... always growing is not an option."

The Budget, First Look

Real property assessments rose almost 12 percent for the second straight year, Town Manager Danny Davis reported February 9 ▶ video. Council agreed to advertise a maximum real estate tax rate of $.1276 per $100, the equalized rate plus 3 percent and down from the current $.1369; it can go lower after the public hearing (Loudoun Now, Feb. 15).

On February 23 Davis presented his draft FY '24 budget ▶ video, which Loudoun Now totaled at $6,494,533, up 10.8 percent (Loudoun Now, Feb. 24). General Fund revenues are projected up 12.2 percent, carried by meals and lodging taxes (56 percent of the General Fund) and interest income climbing from $20,000 to $200,000. Spending rises 10.5 percent, driven by Town Hall debt service and operating costs, a 4 percent cost-of-living raise plus 2 percent merit increases, and new community events: a Fourth of July celebration, a Middleburg/Founder's Day and a Wellness Fair. The capital plan carries $1 million for restoring Asbury Church. Water and sewer charges would rise 3 percent. The budget must pass by June 30.

The Eccentric, Thanked

On February 23 Council adopted, 5-0, a resolution of appreciation to the Middleburg Eccentric and its co-founder and editor-in-chief, DeeDee Hubbard, who retired with the paper's final edition, published in late November 2022 and counted as its December issue ▶ video. The resolution credited the paper as both a news source and "an economic development asset for the community," and noted her work helping revive the Middleburg Business & Professional Association in the late 1980s and organize Christmas in Middleburg.

"We already miss it deeply and desperately," Littleton said. Vice Mayor Peter Leonard-Morgan called it the epitome of a community newspaper. Councilmember Darlene Kirk said she used to pick up extra copies to mail to residents who had moved away, and Littleton and Councilmember Philip Miller recalled mothers out of town who read it. Hubbard's reply: "I'm not finished. It'll be a smaller window."

Small Houses, Big Questions

Speaking from the public lectern as a resident of Sycamore Street, Kirk said the Town already has affordable housing in its small homes, and it should stop them from being torn down for large ones before looking elsewhere ▶ video. Littleton suggested Council consider making the question part of its short-term rental strategic initiative. Deputy Town Manager Will Moore reported that he had issued two notices of violation for unpermitted short-term rentals; the owners may appeal to the Board of Zoning Appeals.

Shoplifting, and a Police Question

MBPA President Punkin Lee reported an uptick in shoplifting during the holidays, including an expensive piece of jewelry ▶ video. Panebianco said the department had received no formal complaints and learned of thefts only after the fact; calls made while a theft is happening get results. His officers are being certified to advise stores on cameras and layout, and he suggested keeping expensive items behind the counter.

He also told Council a time may come for another officer, since a single arrest can take an officer off the street for up to three hours while the prisoner is transported to Leesburg. Council asked for data and all the options first, including help from the Sheriff's Office. Lovettsville, with 2,700 people, has no police department of its own.

Also This Month

• A new auditor: Robinson, Farmer, Cox Associates for $30,000 a year, under Fauquier County's contract, succeeding the retiring Mitchell & Company (Loudoun Now, Mar. 2).
• The water tower lease: after a public hearing at which no one spoke, Council awarded AT&T, the only bidder, the franchise for antennas on the Town's water tank, at $1 plus franchise fees ▶ video. The Marshall Street tower's other antennas come down in April for repainting; a temporary 100-foot tower should keep cell service steady.
• Trees: Council backed a grant program, run by the Middleburg Beautification Committee, to help replace landmark trees lost in storms, like the elm at the Methodist Church, and asked the committee to consider covering street trees beyond the Historic District (Loudoun Now, Mar. 1).
• Town Hall: permeable pavers are going into the north lot, solar lights work, and the walls have a prime coat. The cupola and a drive aisle still need solutions, and the generator and transformer pads must be resized before permanent power ▶ video.
• Elections: candidates may now file for November's Town election (deadline June 20). Councilmember Kevin Daly announced he is running again. Council's strategic planning retreat is set for March 6 at The Hill School.
• Business news: Le Boudoir moved to 22 East Washington Street; Loyal Companion is closing; Atelier Maison and Aiyana Atelier opened. The 2023 Farmers Market will meet Saturdays at the Middleburg Community Charter School beginning May 21. The MBPA's 12th Winter Weekend Sale ran in February (Middleburg Life, Feb. 2).
• The charitable foundation: with the new Middleburg Charitable Foundation running, co-chaired by Eric Scheps and Howard Armfield, the Health Center Advisory Board and the Pink Box Advisory Board will be dissolved.
• Septic conversion: the design is complete and headed to bid. One Stonewall Avenue home found to be on septic all along got five years of sewer charges refunded.
• Visitors at the lectern: Salamander General Manager Dave Marrs spoke for Visit Loudoun's value to the resort, and Jess Silman, new general manager of the Goodstone Inn, announced a March 9 business mixer and an Easter egg hunt.
• On consent, Council amended its Rules of Procedure, renewed its contract with Shenandoah Technology Services, and adopted the Northern Virginia Hazard Mitigation Plan.

In public comment on February 9, Jacobs thanked the Council, staff and community for their support after the death of his wife, Candice.

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Public Comment

February 9 ▶ video

• Councilmember Darlene Kirk, speaking from the lectern as a Sycamore Street resident, said the town's affordable housing is the small houses it already has, and asked Council to stop them being torn down for large ones before annexing land to build more.
• Councilmember Bud Jacobs, North Jay Street, thanked Council, staff and the community for their support after the death of his wife, Candice.

February 23 ▶ video

• Gary Nickelson, Commander of American Legion Post 295, reported that the Legion hosted the Town's grant-writing workshop and will host the June primaries, that Boys & Girls State may send 20 delegates, that more veterans are asking for help with electric bills, and that another veterans group may buy the lot behind the Legion.
• Dave Marrs, general manager of Salamander Resort and a Visit Loudoun board member, called Visit Loudoun a critical partner for the town and the resort.
• Jess Silman, the new general manager of the Goodstone Inn, introduced himself and announced a March 9 business mixer and an Easter egg hunt.
• Public hearing on the cell antenna lease: no one spoke.

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Sources: the meeting videos (February 9, February 23), the Town's minutes and the transcripts attached to them. Quotes come from the Town contractor's transcripts; each ▶ link opens the video at the start of that agenda item.

Other sources cited:

• Loudoun Now, Feb. 15, 2023: "Middleburg Council Sets Max Tax Rate"
• Loudoun Now, Feb. 24, 2023: "Davis Proposes $6.5M Budget in Middleburg"
• Loudoun Now, Mar. 1, 2023: "Middleburg Council Eyes Tree Replacement Grants Program"
• Loudoun Now, Mar. 2, 2023: "Middleburg Hires New Auditor"
• Loudoun Now, Mar. 14, 2023: "Loudoun Supervisors Frustrated with Biberaj at Budget Talks"
• Middleburg Life, Feb. 2, 2023: "Middleburg's 12th Annual Winter Weekend Sale"