By Callie Hietala
The Henry County Board of Supervisors voted 4-2 on Tuesday to reject the Voluntary Settlement Agreement (VSA) on the City of Martinsville’s reversion to town status.
In a written response Wednesday, its chairman Jim Adams wrote that “community members in both the city and county made it crystal clear to the Commission on Local Government that they would like to see the process involve more citizen engagement and more input from the two school systems.”
With Tuesday’s vote “not to move forward with the Voluntary Settlement Agreement, we are given another opportunity to do just that. We have the opportunity for every member of city council and the Board of Supervisors to come to the table and negotiate on behalf of our constituents.”
Dr. David Martin, of the Iriswood District, made the motion to reject the VSA.
Debra Buchanan, vice-chairman and of the Horsepasture District; Joe Bryant, of the Collinsville District and Ryan Zehr, of the Ridgeway District, joined Martin in voting against the agreement.
Adams, of the Blackberry District, and Tommy Slaughter, of the Reed Creek District, were in the minority in voting against Martin’s motion.
While Buchanan and Bryant have consistently voted against the agreement, Martin and Zehr previously supported it.
Before he made the motion, Martin said the effective date of reversion recommended by the Commission on Local Government (CLG) did not provide sufficient time for the consolidation of the city and county school systems. He also noted that neither school system has been involved in reversion discussions or negotiations.
“We almost, by virtue of this statute, turned our backs on the future of this county and the city. And that (future) is our students,” Martin, a retired educator, said. “It is very disappointing and disheartening for me as a former school superintendent to think that we could put the two largest employers in this community together with all their intricacies in a year and a half.”
County Attorney George Lyle recommended “adoption of the ordinance approving the Voluntary Settlement Agreement. While the reversion of Martinsville represents a negative financial event for the county, the Voluntary Settlement Agreement creates a known outcome” and reduces litigation costs.
He cautioned that litigation could present “significant risks” to the county, including the loss of many key provisions contained in the agreement, like the 10-year moratorium on annexation.
Additionally, if fully litigated, the county may risk being assigned city debt and could lose the ability to create future voting districts, Lyle said.
“I think the Commission on Local Government, who has the most influential say in this matter, made it very clear in their ruling that the reversion of Martinsville from a city to a town is in the best interests of this community and the Commonwealth. I have no reason to believe that if we didn’t have a VSA and we litigated it, that their opinion would change at all.
“The idea of resisting this and convincing the Commission on Local Government that it (reversion) shouldn’t happen is extremely remote,” he said.
Before the vote was taken on Martin’s motion, Bryant made a motion to delay any action on the agreement until Garrett Dillard’s tenure on the board begins in January.
Dillard is replacing Martin in the Iriswood District.
Bryant’s motion died for lack of a second.
After the meeting, Adams said the agreement was “negotiated in good faith. Our experts have advised us as such. If it was a medical issue, you go out and you seek the best advice that you possibly can and you follow that advice and that’s exactly what I’m doing. We sought the best advice that we could.”
He noted that negotiations between city and county were mediated “by one of the highest people that could be involved with it, a former member of the Virginia Supreme Court.
“Attempts have been made in the past to circumvent state laws in regard to reversion and I honestly do not see that being turned upside down,” he said, of past comments indicating that, with a Republican governor and a Republican majority in the house, local representatives could successfully alter the state’s laws regulating the reversion of independent cities.
“It was the city’s choice by state law to revert. and only the city can stop that process,” Adams said at the meeting. “I feel like what we have … the best possible outcome (with the agreement). If we give it up, we lose all of it and by a vote today, we have given that up.”
“I’ve got hopes that they will have an election in the city and maybe council will change to the point that they wouldn’t want to move forward (with reversion) and I hope with the Republicans going in in Richmond, (laws) might be softened or changed, but I don’t know if (the city) is going to let it lay that long,” Slaughter said.
“I felt like what we had was the best that we possibly could get given the circumstances,” he said. “It’s something we’re going to have to deal with now.”
After the meeting, Martin said his understanding is that the issue now goes back to the commission. “Does that then offer us an opportunity to do something different than what was outlined in the voluntary agreement? My hope is that we take a pause, take a step back, and get it right,” he said, adding that “both (school) boards have been left in the dark on this and I think it’s a little outrageous.”
Moving forward too quickly with reversion, not giving the school systems ample time to consolidate, “could be a fatal error.”
After the meeting, Zehr said continued conversations with residents ultimately convinced him to change his vote.
“Anybody you talk to in the county is firmly against reversion, and they know it’s not in the best interests of the county,” he said, adding that conversations with city residents also give him hope the process still could be stopped.
“Up until this point, I thought that the settlement (agreement) was the best we could get,” but hearing discussions of city residents, “I think they’re looking for a change,” he said.
However, the possibility of new city council members being elected in 2022 and ending reversion is “a long shot, Zehr said. “At this point, I think we let the Commission on Local Government decide and delay (reversion) until the next election so (city) citizens can have a voice.”
The county’s vote “doesn’t make a bit of sense,” said attorney Stephen Piepgrass, of Troutman Pepper, who is representing the city in the reversion process.
Any notion that a new election cycle could unseat pro-reversion council members and install new members who are against the process is “laughable,” he said, and added that most city residents favor reversion.
Piepgrass said he believed that, through negotiations, city and county representatives reached “the best result for both parties and for the Commonwealth, but now it becomes an adversarial proceeding” which will be arbitrated by Justice Jane Roush.
Piepgrass said the thinks the results of arbitration will be “much more favorable for the city,” and that the county should expect an uphill battle before the 3-judge panel, adding that any third party would certainly look askance because the promises made in writing by the county were broken by the vote.
“The one thing that is certain is that reversion will happen. The question is how,” Piepgrass said, and added that the city plans to move quickly with the process.
Reversion “is not something that’s going to linger. We were on the one-yard line and the county fumbled,” he said.
In other matters at the Tuesday meeting, the supervisors:
*Received a report on the fiscal year 2021 audit from Kim Jackson, of Creedle, Jones, and Alga, P.C. The county received a clean audit, indicating the appropriate use of taxpayer funds.
*Approved the formation of a committee to draft redistricting changes of the county’s magisterial districts to reflect updated Census data. The committee will include County Administrator Tim Hall, Lyle, General Registrar Dawn Stultz-Vaughn, GIS Manager Jason Gardner, Public Information Officer Brandon Martin, and Planning, Zoning, and Inspections Director Lee Clark. Public hearings will be held to receive citizen input.
*Approved the purchase of 56 acres adjacent to the Smith River Sports Complex and accepted the donation of another 60 acres from Newco, Inc. The combined 117 acres will be used for the future development of outdoor recreation space known as Riverview Park.
*Approved an additional appropriation of $53,422.72 from Four-for-Life funds to be used for emergency medical services training, supplies, or equipment for the county’s five volunteer rescue squads and the Department of Public Safety. Each of the six departments will receive $8,903.78 to be spent by Feb. 1, 2022.
*Awarded a $259,356 contract to Trane, Inc. to replace the primary chiller unit in the courthouse HVAC system. American Rescue Plan funds will be used for the purchase.
*Heard from County Treasurer Scott Grindsatff, who said that $35,784.05 in delinquent personal property taxes were collected during the month and $40,629.68 in real estate taxes.
*Approved the regional Comprehensive Economic Development Strategy (CEDS) for 2022.
*Scheduled the board’s 2022 organizational meeting for Jan. 3 at 5 p.m. During the meeting, the board will set its 2022 meeting dates and elect a chairman and vice-chairman.
*Approved and presented a resolution recognizing the 70th anniversary of the charter for the Martinsville Alumnae Chapter of Delta Sigma Theta Sorority, Inc.
*Appointed Cheryl Via, of the Horsepasture District, to the Blue Ridge Regional Library Board for a 4-year term ending June 30, 2027.
*Appointed Melissa Puckett to the Southern Area Agency on Aging board for a 3-year term ending Nov. 1, 2024.
*Reappointed Richard Hall, Terry Cundiff, Nubby Coleman, and Gary Gibson to the Patriot Centre/Commonwealth Crossing Business Centre Advisory Board for 2-year terms ending Dec. 31, 2023.
