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Saturday, February 14, 2009

Opposition to Glenvar asphalt plant grows

The fight over the proposed Glenvar site has led to a dispute between Roanoke County officials.

Hundreds attended a public hearing held by the Roanoke County Planning Commission on Feb. 3 on the proposed asphalt plant in Glenvar. The proposal goes to the board of supervisors next month.

JARED SOARES The Roanoke Times

Hundreds attended a public hearing held by the Roanoke County Planning Commission on Feb. 3 on the proposed asphalt plant in Glenvar. The proposal goes to the board of supervisors next month.

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It may not be hot enough to fry an egg on asphalt in Glenvar these days, but emotions are running high enough that it might feel like it.

A proposal to build an asphalt production facility at 4127 W. Main St. has brought together a coalition of hundreds of opponents who are organizing their challenge to the plan when it comes before the Roanoke County Board of Supervisors on March 24.

They will go into that meeting with the assurance that at least two of the supervisors will be voting with them, as Butch Church and Charlotte Moore have already publicly stated their opposition to the proposal.

The two have done that despite a warning by County Attorney Paul Mahoney against reaching a conclusion before the company wanting to build the plant has a chance to make its case. To do so may open the board to charges of partiality and bias or of making an "arbitrary and capricious" decision, Mahoney said.

He reiterated that view in an e-mail Wednesday to Chris Poulton, a resident of a subdivision near the site of the proposed plant. He was responding to Poulton's persistent e-mailing of a series of questions to the supervisors asking, among other things, that they justify putting an asphalt plant at that location.

The e-mails, Mahoney said, constituted "disingenuous attempts to circumvent" the supervisors' responsibility not to prejudge a zoning application before hearing the entire case.

Mahoney's conclusion triggered a testy e-mail from Church. He accused the county attorney of insulting a resident to whom he owed an apology and "directing your office to send a written one."

Church said the only portion of Mahoney's message he objected to was his conclusion that Poulton was being disingenuous, defined as "lacking in candor" by Merriam-Webster's online dictionary.

"I take more exception to that than to anything in my 10 years in office," said Church, who represents the Catawba District, which includes the site of the proposed plant.

In an interview Friday, Mahoney said he would not be sending an apology, because he believes his conclusion was correct.

"If my client, the [entire] board, directs me to, I'll have to consider that. I'll cross that bridge when that occurs."

It seems unlikely he will have to.

"The county attorney works for the board as a body," Hollins District Supervisor Richard Flora said. "It takes three members to direct the county attorney to do anything.

"He [Church] can request whatever he wants, but to use the term 'direct' is inappropriate. I wouldn't even consider addressing anything to the county attorney in terms of a direct order."

Windsor Hills representative Joe McNamara and Vinton District Supervisor Mike Altizer agreed.

Moore, who represents Cave Spring, pointed out that she considered Mahoney's phrasing "his personal opinion. ... If he stands by what he said, that's his opinion and I don't think we should be involved."

In an interview Friday, Poulton said, "I guess ... I don't expect an apology, but I think this goes to a larger issue of inadequate communication between government officials and citizens.

"I don't agree that providing citizens with answers to questions necessarily shows bias one way or other." He said information on such things as the proposed plant's potential impact on tax revenues, nearby housing values, traffic flow and emissions are necessary for transparency in government.

A group of nearby residents led by members of the Cherokee Hills Community Association is working on creating a nonprofit organization specifically to oppose the project.

About 40 members met earlier this week to begin organizing, enlisting the aid of the Blue Ridge Environmental Defense League. Mark Barker, the defense league's volunteer vice president for Southwest Virginia, said his organization will be advising the group.

The league has been involved in numerous battles against asphalt plants in North Carolina and has compiled an extensive collection of information about emissions from such facilities, much of it which is available online.

Adams Construction Co., which is seeking a rezoning and special-use permit to construct the facility on the site of the former Salem water filtration plant, has insisted that its state-of-the-art asphalt plant will be clean, nearly odorless and quiet. At a recent community meeting at nearby Glenvar Middle School and a public hearing before the county planning commission, hundreds of residents supported speakers who disputed those assertions.

Some of them are expected to attend a meeting led by Church on Monday at 6 p.m. in the Glenvar High School gym. The agenda includes such items as "Our plan of attack -- What will be most effective?," "Things NOT to do or say" and "How to get the (1) additional vote we need."

Both Moore and Church insisted that while they are already on record calling the plan inappropriate for the West Main site, they have studied the issues extensively, spoken with Adams' representatives, attended the community meeting and heard the arguments before the planning commission.

"I do believe they [Adams] will get a fair hearing," Moore said. "Each individual board member may be looking at different perspectives on it, that's why there are five of us."

But, "Unless lightning strikes me on the head, I'll not change my mind."

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