The Shadow
LOW MOOR - Alleghany County and Covington are still at odds over legal matters involving the citizens’ consolidation committee.
Six members of the Alleghany County Board of Supervisors present for a Tuesday meeting voted unanimously to deny a request from Covington City Council regarding legal representation.
In a letter dated Jan. 8, Covington Mayor Stephanie Clark asked county supervisors to waive objections over the city being represented by its attorney, Elizabeth Dillon.
A hearing in Alleghany County Circuit Court to appoint legal counsel for the citizens’ consolidation committee has been delayed by the spat between the county and city.
The county, under advice from its attorney, Jim Guynn, has hired outside legal counsel for the court hearing. Buck Heartwell, a Fincastle attorney, was hired by county supervisors.
The county’s decision to hire an outside attorney was based on a potential conflict of interest between Dillon and Guynn, who are part of the same Salem law firm.
In the county’s opinion, a conflict could arise between the two attorneys because the city and county do not agree over how legal costs for the consolidation committee will be divided. Alleghany County wants the cost divided 50-50. Covington wants the cost to be pro-rated and based on population. The disagreement over the legal costs will be settled when the circuit court sets a hearing date to appoint legal counsel for the consolidation committee.
In her letter to county supervisors, Clark said: “Since the city of Covington engaged the services of the law firm that serves as legal counsel to both of our governing bodies, it seems fair that the city be enabled to retain representation by via our present arrangement with Elizabeth Dillon. The county’s subsequent decision to engage the same law firm should not restrict our choice of legal counsel.”
County supervisors voiced disagreement Tuesday night, however.
“I have a big problem with it. We have hired our own attorney,” said Sharon Supervisor Cletus Nicely.
“I still see a big conflict there,” Nicely said of Covington’s request. “It’s just not good business, I don’t think.”
Supervisor Chairman Steve Bennett agreed, saying: “I think [Covington] should do the same thing that Alleghany County has done on this one issue.”
County Administrator John Strutner was directed to write a letter to Covington expressing the board’s decision.
“We need to let them know about this right away so they can go ahead and hire outside legal counsel,” Bennett said.
The citizens’ consolidation committee has requested legal counsel by March 1. The committee was appointed by Circuit Court Judge Malfourd W. Trumbo after Covington City Council and Alleghany County supervisors did not meet a one-year deadline for coming up with a governmental consolidation proposal. Trumbo has given the citizens’ committee until June 1 to develop a proposal.
The consolidation process started in October 2008 when registered voters in each jurisdiction filed petitions in circuit court directing the governing bodies to negotiate a consolidation proposal.
Also on Tuesday, supervisors continued to discuss the upcoming fiscal year, which begins July 1.
“It’s going to be a very gloomy and difficult budget year,” Strutner said.
He said county officials will closely monitor the General Assembly in Richmond as lawmakers work to plug a projected $4 billion revenue shortfall.
Strutner said a biennial budget presented by former Gov. Tim Kaine before he left office last week calls for localities to fully fund the constitutional offices of treasurer and commissioner of the revenue.
“The commissioner of the revenue and treasurer will be shifted to the localities if Governor Kaine’s budget holds up,” Strutner said.
Strutner said budget requests will be going out to county department heads and agencies according to schedule, even though the General Assembly will not finish its work until March.
“We are going to encourage everybody to be rather frugal in their [budget] requests,” he said.
In other business, supervisors:
– Voted 6-0 to appoint Clifton Forge East Supervisor Suzanne Adcock to the Alleghany Highlands Economic Development Corporation board. Adcock will replace former county supervisor Mac Campbell on the economic development corporation board.
– Heard comments from the Rev. Paul Harris concerning a bridge that spans the Jackson River between Clearview and Riverview.
Harris said he has been working for 18 months to get safety issues with the bridge addressed, but has seen no results.
“It seems that everybody has taken a hands-off attitude about it except me,” he said.
