The Shadow
CLIFTON FORGE - Citizens charged with putting together a proposal for consolidating the Alleghany County and Covington governments say they need legal advice.
At a Tuesday meeting at Dabney S. Lancaster Community College, the Citizens’ Committee to Perfect a Consolidation Agreement approved a resolution asking that legal counsel, preferably Richmond attorney Carter Glass IV, be appointed by early March.
The committee’s resolution will be forwarded to Alleghany County Circuit Court Judge Malfourd W. Trumbo. Judge Trumbo appointed the 10-person consolidation committee in November. Tuesday marked the fifth time the group has met since early December.
The court’s plan to appoint legal counsel for the committee has been delayed by a disagreement between the Alleghany County Board of Supervisors and Covington City Council.
The two governments are at odds over how legal costs for the committee will be split between the localities. Covington wants the cost pro-rated, based on population. Alleghany wants the cost split, 50-50.
Judge Trumbo has delayed holding a hearing on the matter until Covington and Alleghany County secure legal counsel. Alleghany County has hired attorney Buck Heartwell of Fincastle. Covington has yet to hire an attorney to handle the matter.
Covington City Council wants its city attorney, Elizabeth Dillon, to handle the matter. Dillon, however, is part of the same Salem law firm as Alleghany County Attorney Jim Guynn. Guynn told county supervisors last month that he and Dillon cannot represent the county and city in the matter, since the two sides are at odds over the legal bills. Guynn helped the county secure the services of Heartwell.
In its resolution, the consolidation committee asked Judge Trumbo to appoint Glass as its legal counsel by March 1. Glass represented Clifton Forge in its 2001 city-to-town reversion. He also provided the Alleghany County Board of Supervisors and Covington City Council withe legal advice during their consolidation talks last year.
“The issue of getting legal counsel [for this committee] is going to be critical,” said Art Mead, assistant director of the University of Virginia’s Weldon Cooper Center’s Southwest Virginia Office. The Weldon Cooper Center is assisting the committee during its deliberations at no cost.
Judge Trumbo has given the committee a June 1 deadline for developing a consolidation proposal. Any proposal must ultimately be approved by voters in both localities in referendums.
Committee co-chairman George Goode of Clifton Forge said legal counsel needs to be appointed by the court so the committee can and move forward and meet its deadline.
“If we don’t act on this, this thing may drag on into March or early April,” Goode said.
The committee decided Tuesday to continue gathering data until early March. The committee has set March as a target date for making decisions on a consolidation plan.
“So far, we have not made any decisions. We have been gathering information,” said Joe Carpenter of Covington, who is serving as co-chairman of the committee.
As part of its information-gathering process, the committee has invited several local officials to appear and answer questions. Alleghany County Sheriff Kevin Hall and Covington Police Chief J.B. Broughman will appear before the committee Jan. 19.
“I think these people need to tell us how they can work together in a consolidated government, and then I might ask some questions,” said Covington committee member Pearl Miller.
“We need to ask what their biggest concerns are about the two areas coming together as one,” said Alleghany County committee member Annette Comer.
On Jan. 26, the committee will hear from Alleghany County School Superintendent Dr. Sarah Campbell and Covington Superintendent Tom Long.
Mead said the entire Covington School Board plans to attend the Jan. 26 meeting, but noted that “the committee’s desire is to hear from the superintendents.”
Local citizens will be allowed to address the committee Feb. 2. The committee has scheduled Alleghany County Public Safety Director Ryan Muterspaugh and a Covington public safety representative for Feb. 9, followed by local government employees and constitutional officers Feb. 16. Covington City Manager John Doane and Alleghany County Administrator John Strutner are slated for Feb. 23, and on March 2, John Rowe, a former Clifton Forge city manager, has been invited to appear.
“I’ve know John [Rowe] for years,” Goode said. “He has a world of knowledge … I think he will be able to help us an awful lot.”
Rowe was Clifton Forge city manager in 2001 when the city reverted to a town within the county. Rowe was also involved in the 1974 consolidation between the city of Suffolk and Nansemond County. Rowe is currently serving as an interim manager in Isle of Wight.
The consolidation process started after voters in Alleghany County and Covington filed legal petitions in circuit court in October 2008. Judge Trumbo appointed the citizens’ committee after Covington City Council and the Alleghany County Board of Supervisors failed to reach a consolidation agreement after one year of talks.
Questions over who should pay for legal bills associated with the petition filings are also before Judge Trumbo. Sam Darby, a Roanoke lawyer who filed the petitions for city and county voters, has submitted a bill of approximately $7,000.
“The money has not been paid to Mr. Darby, so that’s at stake,” Mead said.
The dispute over Darby’s bill will be considered by the court after a hearing is scheduled to appoint legal counsel for the consolidation committee, Mead said.
