Consolidation Talks Spark Friction

LOW MOOR - Alleghany County and Covington continue to be at odds over governmental consolidation.

The latest dispute involves hiring an attorney to assist a court-appointed citizens’ committee as it develops a potential consolidation plan.

The attorney will be appointed by Circuit Court Judge Malfourd W. Trumbo in an upcoming court hearing.

The Alleghany County Board of Supervisors and Covington City Council are already at odds over sharing the cost of paying the attorney. Alleghany County wants the cost split on a 50-50 basis, while Covington wants its share to be pro-rated, based on population. In a pro-rated formula, Alleghany County would pay approximately 76 percent of the cost and Covington, 24 percent.

County Attorney Jim Guynn told county supervisors Tuesday night that his law firm cannot represent the county or the city in the matter. Another lawyer at Guynn’s firm, Elizabeth Dillion, is Covington’s city attorney. The dispute over the cost of paying an attorney bars Guynn and Dillon from further discussing the matter.

Supervisor Steve Bennett said that during nine months of consolidation talks between elected officials from the county and city, attorney fees were split on a 50-50 basis.

“The precedent has already been set. Up until now, everything has been 50-50,” he said.

County Administrator John Strutner noted that The Alleghany Foundation agreed to reimburse each locality up to 50 percent for legal and professional fees incurred during the consolidation talks. The Foundation has not indicated that it will continue providing the reimbursements as the citizens’ committee does its work, however.

Guynn said he will work to find an attorney before the hearing is held in circuit court. No date has been scheduled for appointing the attorney, he said.

Bennett recommended that Richmond attorney Carter Glass be appointed to represent the committee. Glass assisted the governing bodies during their nine months of deliberations. Glass also assisted the county and Clifton Forge when Clifton Forge reverted from a city to a town in 2001.

“If they want to do this right, they’d better hire Carter Glass,” Bennett said.

Supervisors and city council will appear before the citizens’ committee Thursday night to answer questions related to governmental consolidation. The committee wants to find out why the two sides are divided over the city and county forms of consolidated governments. Alleghany County supports a county form of government, while Covington favors a city.

County supervisors will appear before the committee first Thursday night and be followed by members of Covington council. Each side will be given 60 minutes to answer questions. Time will also be alloted for rebuttal.

Clifton Forge East Supervisor Mac Campbell said he is concerned that Thursday’s format will lead to a debate between members of council and supervisors.

“The system seems a little flawed. I just fear that you are going to open this thing up for a debate Thursday night,” he said.

Campbell, Bennett and Sharon Supervisor Cletus Nicely will attend the Thursday meeting. Other members of the board said they have schedule conflicts Thursday night.

Tuesday, Nicely questioned why the citizens’ committee is posing no questions related to the creation of special tax districts in a consolidated government. He also voiced concerns that Thursday’s meeting may turn into a debate with city council. He said members of the consolidation committee should attend a supervisors’ meeting to have their questions answered.

“Invite them to one of our meetings and we’ll answer their questions here,” he said.

In another issue related to governmental consolidated, Alleghany County School Superintendent Dr. Sarah Campbell and School Board Chairman Randy Tucker appeared before supervisors Tuesday.

Campbell and Tucker gave the school board’s response issued to a school consolidation study presented S. John Davis and Associates in September.

The study made several recommendations for consolidating the schools under one government, including building a new high school in the Low Moor area. Under the proposal, Covington and Alleghany high schools would be closed and students would attend the new high school. The report also recommended closing Boiling Spring Elementary School.

Tucker said the school board supports the idea of a new high school that would be used by Covington and county students. He said the board does not support the closure of Boiling Spring Elementary School.

Tucker said the school board has made recent strides to make Boiling Spring operationally efficient. Measures taken by the board include the assignment of a principal who splits her duties between Boiling Spring and Falling Spring elementary schools. Boiling Spring and Falling Spring are the county’s smallest elementary schools.

Tucker said the closure of Boiling Spring would force students from that area of the county to spend up to 90 minutes on school buses.

Dr. Campbell warned supervisors not to focus solely on operational savings from consolidating the schools. She said that there will be an up-front cost of approximately $1.6 million to combine the salary scales of the two school divisions. Covington pays higher teacher salaries, while the county compensates its school administrators at higher levels.

Bennett said the public is confused over the issues of savings that may occur from consolidating the schools. He said other than combining the salary scales, funding from the state, based on each locality’s composite index, will factor into the savings aspect. The composite index measures a locality’s overall ability to fund schools.

“I have had a lot of people tell me that the only reason they signed the consolidation petitions is that they thought it would save money by putting the two school systems together,” Bennett said. “It is very difficult to explain all of these things to the average guy on the street.”

The board recognized Mac Campbell Tuesday for his eight years as a county supervisor. Campbell, who did not seek re-election, was presented with a commemorative plaque.

Suzanne Adcock will assume his Clifton Forge East District seat in January. Adcock has served on the school board since July 2008.

A public hearing was held Tuesday on making an appointment to fill Adcock’s seat.

No one applied for the seat but Campbell said he was recently contacted by Joe Anderson, who expressed a desire to be appointed. Anderson served on the school board until he was replaced by Adcock in 2008.

“Mr. Anderson expressed interest in being reappointed to the school board,” Campbell said. “I think he misses it.”

Anderson will be appointed by supervisors at their Jan. 5 meeting.

Guynn said under state law, a citizens does not have to submit a resume or other form of application to be considered for appointment to the school board.

“A name has to be discussed at a public hearing and you have already done that,” Guynn told supervisors.

In other business, supervisors voted 6-0 to reimburse Charles White and Vernon McLaughlin for non-existant land they purchased at a county tax sale in Aug. 2008 for $20,500.

The 180-acre parcel, owned by the U.S. Forest Service, is located in the Hematite area.

Guynn said the Forest Service obtained the land through condemnation 70 years before the tax sale occurred. State law requires that title searches on land go back 60 years, so the Forest Service’s condemnation of the property was not uncovered when an attorney who handed the tax sale did research.

Guynn said that under state law, the county is not obligated to refund any of the money.

“Legally, you could make a very strong case that you don’t owe anything, but sometimes, what is legal and what’s just are not the same thing,” Guynn said.

He said the county could deduct advertising, legal and appraisal fees if supervisors chose to reimburse the two men.

The board, however, voted to refund the entire $20,500.

“We need to be honest and forthright and give it back,” Nicely said.