By Marty Gordon
A Christiansburg resident alleges a council member had a conflict of interest on a recent vote on the rezoning of the property formerly known as the Meadows Golf Course.
In an email dated September 16, Chris Waltz said he attended a planning commission meeting where a proposed development by Shah, the development side of Motor Mile comporation, was being discussed. The letter was originally sent to the Montgomery County Commonwealth’s Attorney’s office.
“After discussion, when no other commissioner seemed eager to vote, (councilman) Harry Collins made a motion to approve Shah’s development request. During the discussions, it came to light Harry had been emailing Thom Rutledge, an engineer for Shah, about the proposed development,” Waltz said. “Harry had been recusing himself because he works for David Hagen and Larry Shelor. It all started with FOIA documents involving a closed meeting of town council that ended with Harry Collins emailing David Hagan what went on after Hagan left the room,” Waltz said.
The News Messenger has confirmed that Collins works for a subsidiary of David Hagan’s Motor Mile corporation. Collins also sits on the planning commission as a representative for the council. Before being elected to the governing body, he also had served for several years on the county commission.
The rezoning stems from the purchase of the property by Hagan more than two years ago. Since then, Montgomery County and the town had reached an agreement to allow Christiansburg to annex the property, pulling it into the corporate limits and adding it to the town’s tax roll.
Over the past six months, a request was made to rezone the approximately 125. 6 acres of land formerly known as the Meadows Golf Course and Shepherd property from Agriculture to R-2, Two-Family Residential. Plans call for single-family homes in the $300,000 to $500,000 to be constructed on the property.
Following the recommendation from the planning commission, the town council approved the rezoning. Collins recused himself from voting and abstained when the roll call took place.
“The only reason I made a motion in the planning commission [meeting] was because no one else had, and it allowed the measure to be brought to the table. It was not a vote for approval,” Collins said this weekend.
The revelation comes just a week before Collins faces the voters for possible re-election.
Waltz has been an outspoken member of the audience at almost every council meeting for the past year. He also regularly attends planning commission and other meetings of the town.
Since the complaint was registered, the commonwealth’ s attorney has contacted the Virginia State Police to investigate the complaint. According to an email, they are in the process of assigning an investigator to look into the matter.
The Montgomery County Commonwealth’s Attorney’s office said pursuant to statutesity the State Police need to obtain permission from the office of the Virginia Attorney General prior to investigating an elected official.
Commonwealth Attorney Mary Pettitt has asked that Martinsville Commonwealth’s Attorney Andrew Hall be assigned as special prosecutor to the case.
Under the state statue, Collins could be charged with a misdemeanor.
Collins said he felt abstaining on the full vote was the right thing to do. “And my family, friends, co-workers and the people that know me well, know there is nothing to this allegation,” Collins said.
He also pointed out a Roanoke Times article last week that called the allegation a “criminal act”. “That was false. That simply is not true,” he said.
The investigation could take months to complete, and the Virginia Attorney’s office has not commented on the matter.
The statute in question declares that any person who knowingly violates any of its provisions shall be guilty of malfeasance in office or employment. If convicted, forfeiture of office is possible.
The measure also requires that an elected official involved in any vote of a governing body disclose any connection directly connected to the vote, which Collins did during the discussion by council.
Each member of a local governing body is required to take mandatory “conflict of interest” and “Freedom of Information” training when they take office that is repeated annually.