Changing of the Guard

April 30, 2023 · By Jay Hubbard

Council's resolution of appreciation for retiring Police Chief A.J. Panebianco, April 27, 2023. (Town of Middleburg meeting video)

Middleburg said goodbye to its police chief in April, wished a happy 100th birthday to one of its longest-serving citizens, and got its first look at three ideas that could change the town's streets: a 20-room inn at the edge of the business district, new limits on how big a house can grow on a small lot, and Dominion Energy's plan to string fiber on its poles.

Council met April 13 without Councilmember Philip Miller, and April 27 with everyone, Vice Mayor Peter Leonard-Morgan joining by video from Bethany Beach. Mayor Bridge Littleton votes only to break a tie.

The Chief Signs Off

A.J. Panebianco's eleven years as Police Chief ended April 30, and the town gave him three send-offs. On April 13 Supervisor Tony Buffington read a Loudoun County Board of Supervisors resolution recognizing a 35-year career that included chief's posts in Louisa, Warsaw and Buena Vista, the 2013 move to a 24-hour department in Middleburg, and a term as president of the Virginia Association of Chiefs of Police ▶ video. About 200 people came to his retirement party the next week.

On April 27 Council added its own resolution, 7-0 ▶ video. Panebianco, who remembered that Councilmember Darlene Kirk was on the Council that hired him and that Miller "was my first friend in Middleburg," told the room: "I have loved nothing better than I've loved Middleburg." "We literally have not had a bad Council for this community," he added, "unlike some other jurisdictions that will remain nameless."

Asked earlier in the month what stood out over his tenure, he named the day Officer Mark Putnam nearly lost his life, six years before. His successor is Lt. Shaun Jones, already introduced to the Northern Virginia Chiefs Association as the incoming chief. Jones's promotion ceremony is set for May 3 at the American Legion. Littleton offered the obvious assurance: Jones's foot "is twice the size of A.J.'s, so I think he'll... glide into it with ease."

A Century of Hubert Colbert

Council adopted a resolution of commendation, 6-0, for Hubert Colbert, who turned 100 on April 19 ▶ video. Born in Bluemont, he attended a one-room schoolhouse in Willisville and the Loudoun Training Center, then the only high school for Black students in the county. He worked at the Norfolk Naval Shipyard during the war, spent 30 years as an offset press operator at the Pentagon, and moved to Middleburg in 1970, where he later worked at the Middleburg True Value Hardware Store and as a courier for Farmers & Merchants Bank. He watched by Zoom while his niece Cynthia accepted the resolution. Nancy Leach of the old hardware store thanked him "for being part of our hardware family."

An Inn on the Edge of Town

Mount Defiance Cidery wants to build a 20-room inn and restaurant on a lot at the edge of the C-1 commercial district, Deputy Town Manager Will Moore reported April 13. It would need three approvals: a text amendment allowing inns in C-1 by special use, a special use permit, and a rezoning for the parking lot ▶ video. Littleton worried about how it would look to hear the text amendment and the applications back to back: "I just hope it doesn't create the appearance that, oh, the zoning text amendment is baked."

The Planning Commission recommended the text amendment on April 24. Three days later Megan Gallagher of East Marshall Street, who lives across the street, told Council that nothing in the Comprehensive Plan or zoning ordinance had warned her that an inn "almost the size of the Red Fox could end up at my doorstep." She asked Council to "plan for broad public engagement, especially with my neighborhood" before it votes ▶ video.

How Big Is Too Big?

The R-2 rewrite, born of Councilmember Kirk's worry in February about small houses torn down for big ones, now has options ▶ video. Moore offered three: tighten lot coverage, height and setbacks; introduce a floor-area ratio, new to Middleburg, that would cap house size relative to lot size; or create an architectural control district outside the Historic District, which he called costly and hard to staff. Town Manager Danny Davis noted that 0.4 is a "fairly standard, modest density," while Loudoun County now allows 0.6 by right. Council told staff to pursue the first two and bring back more on the third.

Residents spoke up for going further. Pam Curran of Blue Ridge Avenue urged an architectural control board, because "many of us... want to make improvements to our home, not sell them or have them torn down and have McMansions built." Liz White of Stonewall Avenue said the new houses on Sycamore Street were too big for their lots.

There was a sour note from the Planning Commission. Councilmember Bud Jacobs, Council's representative there, reported on April 13 that some commissioners felt "the amount of hard work they had already put into this issue was not recognized by the council." Commissioners, he reminded his colleagues, "are volunteers and it's incumbent upon us... to make certain that they understand how much we value their work." A joint meeting is planned.

Dominion Wants to Run Fiber

Loudoun County, Dominion Energy and All Points Broadband are teaming up to bring internet to unserved western Loudoun, with Dominion stringing fiber on its poles. Dominion asked to amend its Middleburg franchise to allow it ▶ video. Davis suggested a conduit fee, as Segra pays. Littleton, who works in the field, wasn't worried about fees: "They're going to be the next Fios. They're going to be the next Comcast. They're also planning to be the next backbone for 5G." What made him nervous, he said, was "what their stated goals are and then there's their unstated goals." Council asked for a telecom expert and a town policy before going further. Dominion wants an answer by fall.

The Charter School Gets Its Grant

Two days after the Loudoun County School Board voted 5-4 to put the Middleburg Community Charter School on probation over its bookkeeping (Loudoun Now, Apr. 26), the school asked Council for $5,000 toward the $26,000 cost of hiring Baker Tilly to recruit a chief of staff for operations and finance ▶ video. Board Chair Vito Germinario said the school system's audit found no missing money, only reporting that wasn't done the way the system wanted. He said the school has hired a forensic accountant, has 161 children on its waiting list, and hopes to add a middle school.

Leonard-Morgan thought the search fee "rather excessive" and suggested $2,500. Councilmember Cindy Pearson worried about "setting a precedence that other people can come and ask for these type of funds too," preferring grants for things like a broken furnace. Council approved the full $5,000, 6-1, with Pearson opposed. The Town paid the entire cost of recruiting the principal.

Also This Month

The fast charger, revisited: XCharge's offer is the charger free for five years, renewable for five more, with XCharge handling all maintenance; the Town pays for installation, electricity and security, and revenue splits 50/50 ▶ video. Council wants it spelled out whether the split comes before or after the electric bill, and an estimate of how much power the charger draws while idle, before it signs.
Trash costs more: Council approved American Disposal's first rate increase since 2020, 8 percent, 6-0. "In the world of waste disposal," Davis said, "we're grateful to have a company that still picks up trash."
South Madison Street: Kimley-Horn, the consultant behind Lovettsville's streetscape project and its grant success, will draw four concept designs, approved 6-0 ▶ video. On April 27 Council asked staff to talk to the street's business owners first.
Utility rates: Middleburg's water and sewer rates are among the highest in the County, Davis acknowledged, because the Town kept investing in its system ▶ video. Littleton pointed to Purcellville, now facing increases of almost 50 percent over five years, while Middleburg has raised rates 3 percent a year. The budget hearing, including a 3 percent increase, is May 11. A study of the aquifers is 95 percent complete and confirms that they can keep the wells supplied.
Watching for a recession: Revenues are running ahead of budget despite a slow third quarter. Davis noted forecasts of a recession; Littleton recalled that luxury tourism fell 50 percent in 2009-10, before Salamander opened.
Windy Hill at 40: Executive Director Eloise Repeczky said the Foundation houses 250 residents in 116 units in Middleburg and raises 80 percent of its operating budget from annual giving ▶ video. Councilmember Kevin Daly called organizations like it "the soul and the depth of what Middleburg is."
Loudoun Together: the Mayor's summit on April 11 drew more than 200 people, raised $4,500 for Seven Loaves, and the County has asked Littleton to present his transfer-of-development-rights idea to its land use committee (Loudoun Now, Apr. 12).
Town Hall: permanent power is connected, the Village Green is being sodded, and the cupola is in production. After closed session on April 13, Council approved a $60,926.50 contract modification with architects Glavé & Holmes and a project bonus for an employee.
Odds and ends: the Town Attorney's firm may represent the Charter School and the Middleburg Charitable Foundation, stepping aside for the Town if a conflict arises. Ric Woodie, Lynne Kaye and Lele Liles were reappointed to the Sustainability Committee. Chief-designate Jones joins the Bull Run ASAP board. The American Legion sent a record 17 students to Boys and Girls State.

In Other Coverage

Middleburg Life remembered Jim Poston, Middleburg's photographer (Apr. 12).

Public Comment

April 13 ▶ video

Gary Nickelson, Commander of American Legion Post 295, reported that the Legion is sending 17 young people, ten girls and seven boys, to Boys & Girls State, that it helped six veterans last month and more are asking for financial help, and that it will host the June primaries.

April 27 ▶ video

Megan Gallagher, East Marshall Street, said the Mount Defiance inn would sit directly across the street from her new home, that nothing in the Town's plans warned her of that, and asked for broad public engagement before Council's hearing on inns in C-1.
Pam Curran, Blue Ridge Avenue, asked for an architectural control overlay in the R-2 district, to tell apart people improving their homes from those building "McMansions" or short-term rentals.
Liz White, Stonewall Avenue, thanked Council for taking up the R-2 rules and said the new houses on Sycamore Street take up too much of their lots.

Tips & Wags (opinion)

Tip of the Hat to Chief A.J. Panebianco, who turned a part-time department into a 24-hour one and still had time to know everybody. "I have loved nothing better than I've loved Middleburg." We could tell.

Tip of the Hat to Hubert Colbert, on a hundred years well spent, and to everyone at the old True Value who made sure we knew.

Wag of the Finger to the order of business on the inn. A text amendment and the application that depends on it, heard back to back, is no way to convince neighbors the first question is still open. The Mayor said as much. Next time, split them up.

Wag of the Finger, gently, to how Council treated its own volunteers. When the Planning Commission has done the homework on R-2, say so in the minutes. Credit is free.

Coming Up

May 3: Shaun Jones's promotion ceremony as Police Chief, American Legion.
May 4: Windy Hill Foundation's 40th anniversary celebration.
May 11: public hearings on the FY '24 budget and the 3 percent water and sewer increase. May 25: budget adoption.
May 17: Littleton presents the transfer-of-development-rights idea to the County's land use committee.
Coming to Council: the inn text amendment and applications, the XCharge contract, Dominion's franchise request, and the R-2 joint meeting with the Planning Commission.
June 20: filing deadline for November's Town election.

Sources: the meeting videos (April 13, April 27), the Town's minutes (pending approval) 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, Apr. 12, 2023: "'Loudoun Together' Summit Pushes to Protect Rural West for All"
Loudoun Now, Apr. 26, 2023: "Middleburg Community Charter School Placed on Probation"
Middleburg Life, Apr. 12, 2023: "Remembering Jim Poston, Middleburg's Photographer"