Acrimonious debate about regulations governing sidewalk construction and their impact on the construction of the new, $14 million plus, National Sporting Library Museum, dominated the regular January meeting of the Middleburg Town Council.
Council Member Bundles Murdock told Council that she “a moral problem” with “dreaming up a fee” for the Sporting Library to pay instead of building sidewalks when they were “half-way into their building and the building process.”

Murdock referred to a draft proposal to allow the Library not to build certain sidewalks required by law, if they paid the Town a “fee-in-lieu-of-construction” of some $400 per linear foot of unbuilt sidewalk.  The town, in turn, would use the fee to build and maintain other sidewalks.

The cost to the library, if the proposed fee were adopted by Council, would total more than $400,000.

Stone Walls

In early 2009, the National Sporting Library had asked the Town to waive its sidewalk construction requirements, in order to preserve, among other things, the historic stone walls that border the property.
On March 26, 2009, almost ten months ago, Murdock noted, Council had tabled the library’s request, referring it for review to the Town Staff, the Planning Commission, and the Historic District Review Board.
“To me, and to some of the public,” Murdock continued, reading from a prepared statement, “ it smacks like, ‘Let’s sock it to the rich library to pay for sidewalks throughout town.”

With apologies for her frankness, Murdock described some of the changes in the Library property that would be required by construction under the existing rules, as “dreadfully ugly.”

Her suggestion to Council:  Waive the town’s sidewalk construction requirements completely for the National Sporting Library.  She was confident, she said, that the library, if left to its own devices, would, on its own, build a pathway that traversed the property that both served the public and was aesthetically pleasing.

Caught in the Middle

Town Staff and a number of members of the Council who had been heavily engaged in drafting the proposed “fee-in-lieu-of-sidewalk-construction” chose to differ.

All stated their ongoing support for the new Sporting Library additions, and their hopes for their positive effects on the town’s economy and lifestyle.

No one was trying to “exploit” the Library, several Council members insisted. Staff, Council, and the relevant subcommittees and commissions had conducted an extensive analysis of the real costs of sidewalk construction and maintenance in Middleburg.  Their goal: equity AND aesthetics.

The proposed $400 “fee-in-lieu”, they insisted, had been calculated after compiling and averaging the true costs of several potential sidewalk improved projects in Middleburg. While they seemed high, they were supported by sound, real-world estimates of those projected real-world costs.

Alternatives

With a $400 per foot fee on one end of the spectrum, and no fee on the other, Council now seeks a middle ground.

According to Town Staff, the current Loudoun County fee-in-lieu of construction of sidewalks is $65 per linear foot.  If Council should adopt a fee closer to $65 than $400, Town Planner Benniamino told the Eccentric the Town could use the money collected as the basis for an 80/20 grant application for sidewalk construction throughout the town.

At press time, Council had informally committed to delivering a final answer on the matter to the National Sporting Library within two weeks, at some time in the last week of January.

Mayor’s Dilemma

In November, with Mayor Betsy Allen Davis abstaining, Town Council approved the sale of a parcel of town-owned real estate, an unused 40-foot alley right-of-way, which runs through Davis family’s “Fun Shop” property.  Council also requested an independent appraisal to determine the current fair market value of the right-of-way.

At January’s regular meeting, with Vice-Mayor Darlene Kirk again presiding, Town Planner and Zoning Administrator Benniamino reported that a highly detailed, 62-page, $1,500-appraisal, valued the 40x170-foot right-of-way at some $61,000.

Council Member and realtor Bundles Murdock’s reaction was immediate:  “That’s a HUGE amount of money.”  Several Council members laughed out loud.

Benniamino observed that, given the zoning of the parcel, the appraiser was compelled to value the land as if it were a lot on which a new building could be constructed.  

Technically, building on the lot is possible.

On the other hand, Benniamino noted, given both the physical characteristics of the right-of-way and the regulations governing construction in downtown Middleburg, “You’re just never going to get what its worth out of it.”

“You would have to do a LOT of work . . . make grade changes . . . provide access to Federal Street . . . address the issues created by all the trees . .  , “ he said.  “It just becomes a VERY difficult proposition.“
He went on to compare the potential return on investment to that for investing in the restoration of 1978 AMC “Gremlin” subcompact.  Spend all the money you want, he observed, and you’re still going to have a 1978 Gremlin.

In reaction to a suggestion from Council Member Trowbridge Littleton that Council simply announce that the right-of-way is for sale, and solicit offers, Town Attorney Liz Whiting pointed out that advertising and a public hearing is required before the Town can sell any interest in land.

With no formal offer to purchase the right of way on the table, and after lengthy discussion Council moved to table the issue for two weeks. 

Haiti

Mayor Davis opened January’s Council meeting began with a moment of silence for the victims of the earthquake in Haiti.  Middleburg Eccentric Editor-in-Chief Dee Dee Hubbard then reported to Council on plans for a benefit to support relief efforts in Haiti, to be held on February 26, at the Middleburg Community Center.  Further details, she noted, would be forthcoming and made public on www.middleburg.com and in the press.  Council expressed its approval and support. 

Salamander and
the Donald

In response to persistent and ongoing rumors that the Trump Organization was negotiating purchase of the Salamander Inn and Spa property, Salamander Hospitality’s Prem Devedas told the Eccentric that the Inn was not for sale, that no offers had been sought, and none had been received.  The rumors, he said, were absolutely and totally incorrect.

According to Town Administrator Jerry Schiro, construction on the Resort came to a “complete standstill” during the bad weather in December and January, and contractors removed construction trailers from the site.
The weather and other delays, he noted, pushed substantial completion of the Salamander-funded town wastewater treatment plant into March.

Delayed delivery of specialized Siemens equipment also contributed to delays in completion of the water treatment plant.

Fortunately, according to Town Administrator Jerry Schiro, most of the external work on both the wastewater and water treatment projects is complete and the structures housing both facilities effectively enclosed.

Christmas and Snow in Middleburg

Council formally thanked and recognized all the member of the Christmas in Middleburg Committee and the volunteers who supported their efforts.   Dee Dee Hubbard and Reggie Dawson were on hand to represent the team. 

Special thanks were also extended to Police Chief Steve Webber, Street Superintendent Marvin Simms, an all those who had helped with snow removal and traffic control.

Snow crews worked, on some cases,  36 hours straight according to Schiro, keeping the streets and parking spaces clear.

Costs were high.   One preliminary invoice from ASAP Paving totaled $33,000.  Based on past experience, the Town had budgeted only $12,500 for snow removal.

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