Blacksburg Town Council Regular Meeting – March 14, 2023

The Blacksburg Town Council held its regular meeting on Tuesday, March 14, 2023, at 6:30 p.m. in the Roger E. Hedgepeth Chambers. The meeting, which lasted until 8:08 p.m., covered a consent agenda, six public hearings, citizen comments, one appointment, and the introduction of the FY2023/2024 recommended operating budget. Council members present: Mayor Leslie Hager-Smith, Vice Mayor Susan Anderson, Councilmembers John Bush, Lauren Colliver, Jerry Ford Jr., Susan Mattingly, and Michael Sutphin. Town Manager Marc Verniel, Town Clerk Lorraine S. Spaulding, and Town Attorney Lawrence S. Spencer Jr. were also present. No members were absent.

Consent Calendar

• Approval of Minutes: Town Council minutes for February 28, 2023, and March 7, 2023, were approved unanimously on a roll call vote (7-0).
• Ordinance 2007 (Rezoning 1006 Glade Road): Introduced ordinance to rezone 44.85± acres from Rural Residential to Planned Residential; public hearing scheduled for May 9, 2023.
• Ordinance 2019 (Cigarette Tax Rate Increase): Introduced ordinance to amend Town Code Section 22-900; public hearing scheduled for April 11, 2023.
• Ordinance 2020 (FY2024 Budget Adoption): Introduced ordinance adopting the budget for FY July 1, 2023 – June 30, 2024, including real estate tax rate and appropriations; public hearing scheduled for April 11, 2023.
• Ordinance 2021 (Water, Sewer, Solid Waste Fee Increases): Introduced ordinance to increase fees for water/sewer services, meter fees, and solid waste/recycling fees; public hearing scheduled for April 11, 2023.
• CUP 23-0002 (Kent Square Conditional Use Permit): Scheduled public hearing for April 11, 2023, for a combination conditional use permit at 250 South Main Street.
• Motion and Vote: Vice Mayor Anderson moved approval of the consent agenda; Councilmember Sutphin seconded. The motion passed unanimously (7-0) on a roll call vote.

Public Hearings

Resolution 3-A-23: Conditional Use Permit for Personal Improvement Service at 2200 South Main Street (Fit Body Boot Camp)

• Staff Presentation: Assistant Planning Director Kali Casper reviewed the request for personal improvement services (Fit Body Boot Camp) on a 0.1-acre parcel in the Office zoning district. The use required a CUP because personal improvement services are not by-right in Office districts. The applicant proposed a wall sign and monument sign, shared parking (75 spaces including 3 ADA), six bicycle spaces (five required), and no additional landscaping. Staff recommended one condition: substantial conformance. Planning Commission recommended approval 6-0.
• Applicant Statement: Steve Semones (Balzer & Associates) noted that since the work session, an acoustic consultant had conducted decibel testing at the current location and the new space; a report was expected by the end of the following week.
• Public Comment: None.
• Action: Vice Mayor Anderson moved to approve; Councilmember Sutphin seconded. Motion passed unanimously (7-0).

Ordinance 2003 & Resolution 3-B-23: Rezoning of 4.573± Acres at 1055 Plantation Road and Mini Warehouse CUP (Prices Fork Warehouses)

• Staff Presentation: Kali Casper presented the proposed amendment to the existing Planned Commercial zoning (Ordinance 746 from 1987) for 4.573 acres at the corner of Prices Fork Road and Plantation Road. The applicant sought to allow mini warehouse use (over 100,000 sq ft, ~820 storage units) with a two-story building and basement, plus a future commercial lot (Lot 2). Changes included removal of the prohibition on fast-food/drive-in uses (subject to future CUP), revised buffer yards (15-ft west with retaining wall, 50-ft north vegetative), new sidewalks/ trail connections, and a modified list of allowed uses. The applicant requested variances: for a private pumped sewer system (staff supported) and for a bike lane on Prices Fork Road (staff recommended reconfiguring the lane; Planning Commission denied the variance, voting 6-1 on the CUP with a condition of substantial conformance).
• Applicant Statement: Craig Stipes (Broadstreet Partners) highlighted the low traffic generation (7 trips per peak hour) and low sewer/water impact. He noted that the bike lane variance was now less critical because they had a plan to extend the bike lane to Plantation Road without moving underground utilities.
• Public Comment: None.
• Council Discussion: Some councilmembers expressed concern that a warehouse was not the highest and best use for the site, especially given the site's prominent location and the original vision for mixed-use. Councilmember Bush and Mattingly ultimately voted against both items, citing concerns about missed opportunity and the warehouse use. Other members supported it, noting the low traffic, improved design, and long vacancy of the site.
• Action on Ordinance 2003: Vice Mayor Anderson moved approval with the exception of the bike lane variance (3B). Councilmember Sutphin seconded. Motion passed 4-3 (Ford, Hager-Smith, Sutphin, Anderson in favor; Bush and Mattingly opposed; Colliver voted yes? In roll call: Ford aye, Hager-Smith aye, Sutphin aye, Anderson aye, Bush no, Mattingly no, Colliver aye – so 5-2? Wait rectify: Minutes say: "Ford, Hager-Smith, Sutphin and Anderson voted yes. Bush and Mattingly voted no." That is 4 yes, 2 no, but Colliver? Transcript shows Colliver voted aye for ordinance 2003? The roll call for ordinance 2003 is not fully clear in the transcript, but the minutes state: "Ford, Hager-Smith, Sutphin and Anderson voted yes. Bush and Mattingly voted no." That seems to omit Colliver. However, the transcript shows Colliver said "Aye" after Bush? Actually in the transcript: "Four aye. Smith, aye, addingly, no? Aye, Anderson, aye. Bush? No. Oliver. Aye." That suggests Ford aye, Hager-Smith aye, Mattingly? "addingly, no?" That seems garbled. Minutes are authoritative: 4-2 with one missing? Possibly Colliver also voted yes, but minutes say only four yes and two no. We'll stick with minutes: 4-2-1? But the motion passed. We'll note: Motion passed (4-2, with one councilmember abstaining or not recorded?). To be safe, we report: Approved with a vote of 4 in favor, 2 opposed (Bush, Mattingly). The transcript suggests Colliver voted aye, but minutes omit her. Given the instruction to note discrepancies, we will report: "Motion passed; the minutes record 4 affirmative votes (Ford, Hager-Smith, Sutphin, Anderson) and 2 negative votes (Bush, Mattingly); the transcript indicates Councilmember Colliver also voted aye, creating a discrepancy with the official minutes."
• Action on Resolution 3-B-23 (CUP): Vice Mayor Anderson moved approval; Councilmember Sutphin seconded. Motion passed (5-2: Hager-Smith, Sutphin, Anderson, Colliver, Ford yes; Bush and Mattingly no). The variance for the bike lane was denied, effectively incorporating the Planning Commission recommendation.

Ordinance 2010: Cigarette Tax Refund Process

• Staff Presentation: Town Attorney Lawrence Spencer explained the housekeeping measure to update the refund process for cigarette tax stamps, increasing refund from 90% to 100%.
• Public Comment: None.
• Action: Motion to approve by Vice Mayor Anderson, seconded by Councilmember Sutphin. Passed unanimously (7-0).

Ordinance 2011: Residential Solid Waste Deposit Requirement

• Staff Presentation: Town Manager Marc Verniel explained the ordinance would establish a $50 deposit for new solid waste/recycling-only customers (or those with delinquencies) since water shut-off is not an option for these accounts. The deposit can be refunded after one year of good payment history.
• Public Comment: None.
• Action: Motion to approve by Vice Mayor Anderson, seconded by Councilmember Sutphin. Passed unanimously (7-0).

Ordinance 2012: Accept $56,000 Lead Inventory Grant

• Staff Presentation: Deputy Town Manager Chris Lawrence explained the ordinance accepts $56,000 from the Virginia Department of Health to inventory lead service lines in the town's water system, as required by updated EPA rules. The grant funds will be appropriated to the Water/Sewer Capital Improvement Fund.
• Public Comment: None.
• Action: Motion to approve by Vice Mayor Anderson, seconded by Councilmember Sutphin. Passed unanimously (7-0).

Ordinance 2013: Accept $4,511,000 Transit Grant

• Staff Presentation: Town Manager Marc Verniel explained the ordinance accepts $4,511,000 in additional grant funding from the Federal Transit Administration and Virginia Department of Rail and Public Transportation for renovations to the Blacksburg Transit maintenance facility. Transit Director Brian Booth was available for questions.
• Public Comment: None.
• Action: Motion to approve by Vice Mayor Anderson, seconded by Councilmember Sutphin. Passed unanimously (7-0).

Ordinance 2017: Vacate Public Utility Easement at 100 Country Club Drive

• Disclosure: Councilmember Sutphin recused himself, citing his employment with Community Housing Partners (CHP), which is developing the Legacy affordable housing project on the property. He provided a written statement for the record and left the chambers at approximately 7:38 p.m., returning at 7:40 p.m.
• Staff Presentation: Town Attorney Spencer explained the ordinance vacates an existing PUE that would interfere with the new CHP development, contingent on the town receiving a replacement easement.
• Public Comment: None.
• Action: Vice Mayor Anderson moved approval; Councilmember Ford seconded. Motion passed unanimously (6-0, with Sutphin not voting).

Citizen Comments

During the citizen comment period (after public hearings), four residents spoke in opposition to the proposed Glade Spring Crossing development (1006 Glade Road rezoning, scheduled for a public hearing on May 9, 2023):

• Guy Acciai (1221 Village Way South) noted the development required 16 variances, an unprecedented number, and argued the overbearing density (up to 8-10 units per acre in the southern portion) and numerous compromises on safety and environmental standards made it an inappropriate vehicle for affordable housing.
• Mike Stein (1225 Village Way South) focused on the proposed connector road between Village Way South and Glade Spring Crossing, arguing it was too narrow (19 feet), too close to homes, and created a dangerous intersection. He suggested a pedestrian/bike path instead.
• Kacie Hodges (1223 Village Way South), a civil engineer, argued the project was not sustainable, citing the town's past sustainability awards and commitments to tree canopy and environmental protection. She supported the Planning Commission's vote to deny the rezoning.
• Robin Jones (1224 Village Way South), representing the Toms Creek Sustainability Coalition, said the project would create inequitable living conditions with crowded, less safe streets and overburden the HOA. She urged council to support the Planning Commission's recommendation to deny the proposal.
• Matt Nottingham (1580 Harding Road) spoke to honor Douglas White, a frequent citizen advocate who recently passed away, highlighting his dedication to infrastructure and community issues.

Appointment

• Reappointment of Kevin Faust to the New River Valley Emergency Communications Regional Authority: Vice Mayor Anderson moved approval; Councilmember Sutphin seconded. Motion passed unanimously (7-0).

Unfinished Business

• None.

New Business

• Introduction of FY2023/2024 Recommended Operating Budget: Town Manager Verniel presented the $97.2 million recommended budget, a 6.4% increase over the current year. The general fund is $45 million (9.4% increase). Highlights include maintaining the real estate tax rate at $0.26 per $100 assessed value (reassessment was +31.6% for Blacksburg), utility rate increases (sewer +2.7%, water +2.9%, solid waste +10.5% (~$3/month), averaging $5.40/month total increase for typical customers), no stormwater fee increase, and 11 new positions across departments. The budget reflects recovery from pandemic-related revenue losses and inflationary pressures. A public hearing is scheduled for April 11, 2023, with adoption expected on April 25, 2023.

Council Announcements

• Vice Mayor Anderson noted March is Women's Month and reminded of upcoming events (Take Back the Night on March 30). Councilmember Mattingly noted a collaborative art event at the Lyric and Blacksburg Museum.

Adjournment

The meeting was adjourned at 8:08 p.m.