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12-06-2010 BOS Regular MeetingRegular Meeting December 6, 2010 Pittsylvania County Board of Supervisors Monday, December 6, 2010 Regular Meeting VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, December 6, 2010 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Vice-Chairman, called the meeting to order at 7:01 p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District William H. Pritchett Banister District Coy E. Harville Westover District Fred M. Ingram Callands-Gretna District Marshall Ecker Staunton River District Mr. Henry A. Davis, Jr., Chairman and representative for the Chatham-Blairs District, was absent and Mr. Tim Barber, as Vice-Chair, led the meeting. Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the agenda with the removal of Item 7(d)-Out of State Travel. Mr. Ecker's motion was unanimously approved by the Board with the exception of Mr. Davis, who was absent. Hearing of the Citizens Mr. Richard Shumate, of the Westover District, made comments concerning the Comprehensive Services Act (CSA) audit and the possible re-payment by the County to the State of approximately $7 million, of his opposition to the Finance Committee's recommendation to give funds to the local high school booster clubs and opposed lifting the hiring freeze to hire a Director of Parks and Recreation for the County. This concluded the hearing of the Citizens. The Board of Supervisors presented Resolution 2010-12-02 to the Tunstall Lady Trojan Volleyball team, congratulating the girls on their 2010 Piedmont District Title, which was read by Mr. Harville. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-12-OZ VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS HELD ON MONDAY, DECEMBER 6, 2010 IN THE EDWIN R. SHIELDS COURTHOUSE ADDITION IN CHATHAM, VIRGINIA, THE FOLLOWING RESOLUTION WAS PRESENTED AND ADOPTED CONGRATULATING THE TUNSTALL LADY TROJANS VOLLEYBALL TEAM ON THEIR 2010 PIEDMONT DISTRICT TITLE: Regular Meeting December 6, 2010 WHEREAS, the 2010 Tunstall Lady Trojans Volleyball team defeated Martinsville High School on November 4, 2010, successfully capturing the Piedmont District Championship a second time in the past 3 years ;and WHEREAS, the Piedmont District tournament began with the Tunstall Lady Trojans facing the Patrick County Lady Cougars on November 3, 2010 and with a 3-1 win, the Lady Trojans advanced to the championship match; and WHEREAS, the Tunstall Lady Trojans Volleyball Team defeated the Martinsville Lady Bulldogs with a 3-1 win for the Piedmont District title win; and WHEREAS, Lady Trojan Kelsey Smith was named Player of the Year for the Piedmont District and the Lady Trojans' volleyball coach, Mr. Jackie Hardy, was named Coach of the Year for the Piedmont District; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration and congratulations to the Tunstall Lady Trojans Volleyball Team for their winning season and bringing the 2010 Piedmont District Title home to Tunstall High School for the second time in 3 years; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the Coach and Members of the 2010 Tunstall Lady Trojans Volleyball Team. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the Consent Agenda with exception of Item 7(d)-Out of State Travel, which had been stricken from the agenda and to note that the Consent Agenda would require a Roll Call Vote due to some items it contained. Consent Agenda: (a) Minutes: November 1, 2010-Regular Meeting November 16, 2010-Adjourned Meeting (b) Bill List: November 2010 (c) Resolution -Lady Trojans Varsity Volleyball Team Piedmont District Champions (d) Out of State Travel-To be Stricken from the Agenda (e) All Terrain Vehicle (ATV) Safety Training Grant-Required Roll Call Vote (f) Victim Witness Year-End Refund Appropriation -Required Roll Call Vote (g) Justice Assistance Grant (JAG)-Jail Ventilation Equipment -Required Roll Call Vote (h) Sheriff-Halloween Contribution -Required Roll Call Vote The following Roll Call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board with the exception of Mr. Davis, who was absent. New Business The Honorable Walter J. Kucharski, Auditor of Public Accounts for the Commonwealth of Virginia, and Ms. Deann B. Compton, the Auditor Director for Capital Asset Management of the Office of the Auditor of Public Accounts presented their report concerning the review of the Comprehensive Services activities in Pittsylvania County. The Office of the Auditor of Public Accounts performed a review of the Comprehensive Services Act for At-Risk Youth and Family Program (CSA) in Pittsylvania County at the request of the Office of Comprehensive Services (OCS) and the Department Regular Meeting December 6, 2010 of Education (DOE). These entities performed an onsite review of the Pittsylvania County CSA program at the request of the new Comprehensive Policy Management Board (CPMB) chair, Ms. Sherry Flanagan. This review brought to light significant issues that concerned the OCS and DOE, which were beyond their scope to review. The OCS and DOE notified the Office of the Auditor of Public Accounts of their concern on July 13, 2010 and requested that a review be performed of the Pittsylvania County CSA program and its controls. Ms. Compton stated that Pittsylvania County was 10`" in the Commonwealth for total CSA funds spend in fiscal year 2010, at $7,671,333, 2°d in the Commonwealth for the number of children served in private day placements, at 131 children and 4`" in the Commonwealth for the number of children receiving services in the public schools, at 70 children. The objectives of the audit were: to determine whether Pittsylvania County students and the CSA funded services the students received were eligible for CSA funding; to ensure Pittsylvania County used appropriate vendors to provide CSA funding services and that contracts existed to support vendor payments; to ensure that Pittsylvania County properly reported to the Commonwealth student data that affects CSA and Education funding; and to determine whether Pittsylvania County had established and implemented adequate internal controls over CSA expenses. In the scope of the review were 260 children who received CSA funded services during fiscal years 2008, 2009, and 2010. These services represented approximately $19.3 million in state and local funding. The audit results stated that Pittsylvania County inappropriately used state funds and does not have proper internal controls over the CSA program. Pittsylvania County inappropriately claimed: $9.3 million in services as eligible for CSA funding-$7.7 million in state funds and $1.6 million in local funds, and that 193 of 269 children received ineligible services between July 2008 and June 2010. The audit found inappropriate use of state funding was used for the following ineligible services: behavioral aides-$3,484,716; vocational education services-$1,728,635; child not part of the mandated population-$1,365,780; child already in a restricted placement-$616,079; IEP does not support placement-$499,540; IFSP does not support service-$4,308; and electronic monitoring-$876, totaling $7,699,933. An example of ineligible funding the audit found was that the IEP stated public school, but CSA funded them in private day school, and the schools could not provide an IEP at all for some children or for a specific time period. Furthermore, CSA funds were used for electronic monitoring, which was not related to education and therefore in ineligible service for CSA funds. Concerning the lack of internal controls over the program, the audit stated that over the past 10 years, there had been a general lack of understanding and knowledge of the CSA rules and statutes by the Assistant Superintendent of Support Services; the Director of Special Education; the CSA Specialist; the CSA Coordinator; and the CPMB Chairs. Furthermore Ms. Compton and Mr. Kucharski stated it was found there had been a lack of cooperation and communication between school board employees, the CPMB, and the CSA Coordinator. An example of this was the Schools refused to provide the CPMB with documentation, such as IEPs, to determine eligibility for CSA funding. Therefore, the CPMB had to rely on the CSA Specialist for verbal verification of what was on the IEP. Also the auditors found a conflict of interest with the individual who served as CSA Specialist (school employee) from 2004 to 2010. The CSA Specialist has a direct association with the private day schools and other service providers as the position initiates the placement and creation of the agreement for each child to receive that service. The CSA Specialist had previous and ongoing relationships with the private day schools and other providers, including working for some of them, during her employment. The School System was aware of these issues over the years. Various individuals, such as CPMB members, private day owners, and other county employees have questioned this potential conflict of interest. The School System did little to resolve the issue until June 2010 when the CSA Specialist left that position to return as a counselor at the Regional Alternative School. It was in the finding of the audit that the School System did not consistently use its online IEP system, resulting in many instances of the hardcopy IEP in the student's file being different from the online one. There were numerous instances where there was no original signed IEP on file, or the IEP was incomplete. IEPs had varying dates on different Regular Meeting December 6, 2010 pages, gaps in IEP coverage, and the appearance of manipulated parental signatures. Inadequate controls over contracts resulted in Pittsylvania County Schools and the Social Services Department not having contracts for $14.5 million and $165,000 in services, respectively. They did not properly establish contractual relationships with these providers. They did not assign responsibility for the child to the provider when in their care and they did not obtain certification from the providers regarding background checks of employees that would interact with the children. The audit also found issues on the State level in that the OCS failed to monitor locally specific expenditures and statistics. If OCS had performed some type of trend analysis or other analytical review, it would have become clear that there was a problem in Pittsylvania County. The complexity of the CSA program increased the risk of misuse. Local CPA firms audit compliance with the CSA program during the locality's annual financial audit through audit specifications developed by OCS and distributed by the Auditor of Public Accounts. However, the program is so complex that without the specific training on the CSA program, auditors can easily miss inappropriate use of CSA funds similar to that found in Pittsylvania County. The audit recommendation is that the Pittsylvania County Administrator should work with the OCS to determine how to return the $7.7 million in state funds to the Commonwealth. The Pittsylvania County School Board and the Board of Supervisors should conduct internal reviews of their respective operations and implement appropriate internal controls to oversee their portion of the CSA program. The audit further recommended the Pittsylvania County School Board Office should work with the CPMB and the CSA Coordinator to develop and implement adequate policies, procedures, and controls over the fiscal and administrative aspects of the CSA program, including proper controls over procurement and contracting for services. OCS, in collaboration with the DOE, Social Services, and the Medical Assistance Services, should provide background and guidance to the CPA firms with the audit specifications that will assist firms in understanding the program. The Office of the Auditor of Public Accounts for the Commonwealth of Virginia would be presenting the full audit to the State Executive Council (SEC). The dispute process for the CSA is that appeals could be made to the SEC through the following processes: the OCS denial of reimbursement for CSA expenses, the OCS application of a CSA policy which results in a detrimental impact on the CPMB; the OCS denial of a request for a waiver or exception to or relief from the application of a CSA policy which results in a detrimental impact on the locality. The dispute resolution process for CSA is: only the CPMB can appeal; the CSA has the option of informal or formal resolution; the informal process involves working directly with OCS to resolve the issue; if the informal process does not work, then it can go to dispute resolution proceedings using a specific dispute resolution program or a neutral facilitator; and if the dispute resolution process does not work, the CPMB can request a formal review by the SEC. The formal review by the SEC would mean the CPMB must file a written request from formal review with the Director of OCS and the Chairman of the SEC. The CPMB and OCS are entitled to be present and be represented by counsel. The burden of proof is on the CPMB, and the decision of the SEC is final. Mr. Kucharski strongly urged the Board of Supervisors have the County Administrator and legal counsel for the County present when their office presented the audit findings to the State. Ms. Sherry Flanagan, current Chair of the CPMB and Ms. Amy Rice, current CPMB Coordinator were present and told the Board that one of the current internal controls that has been put into place was that the Board of Supervisors had already voted to restrict payments of funding any private day placements until the completion of the audit and its findings and currently Mr. Sleeper has to sign off on the requests made by the CPMB before anything is paid out. The following motions came from the Finance Committee: (1) Motion to appropriate from unappropriated funds $5,000 each to the Dan River Booster Club and the Tunstall Booster Club. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker- No; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; and Mr. Barber- Yes. The committee's motion passed by 5-1 majority vote of the Board, with Mr. Davis being absent. Regular Meeting December 6, 2010 (2) Motion to authorize the County Administrator to get Requests for Proposals on both the cost of a shingle roof and on the cost of a metal roof for the Chatham Public Library, which the Board voted unanimously to approve with the exception of Mr. Davis, who was absent. (3) Motion to appropriate $5,000 from unappropriated funds to the White Oak Community Center. The following roll call vote was recorded: Mr. Ecker-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes and Mr. Barber-Yes. The Board of Supervisors unanimously approved the committee's motion with the exception of Mr. Davis, who was absent. The following recommendation came from the Computer/Radio/Telecommunications Committee: to approve Phase II of the Radio Conceptual System Design with Federal Engineering, Inc, of Fairfax, Virginia (FE), for the County's project to meet requirements under the new Federal Communications Commission guidelines by the year 2013 for the County's E911 System, authorizing FE to go ahead with the Request for Proposals, and authorizing the County Administrator to sign all necessary documentation, noting that funds of $49,712 are already budgeted for this portion of the project. The following roll call of the Board was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. The committee's motion was unanimously approved by the Board with the exception of Mr. Davis, who was absent. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve Resolution 2010-12-01, requesting support and earmark funding from Congressman-Elect Robert Hurt of the St" Congressional District of Virginia for the E911 System for Pittsylvania County and to authorize the County Administrator to forward the signed resolution to the Honorable Robert Hurt, Congressman-Elect, Stn District for the Commonwealth of Virginia. The Board unanimously approved Resolution 2010-12-01, with the exception of Mr. Davis, who was absent. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-12-01 VIRGINIA: AT REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTOOM OF THE EDWIN R. SHEILDS COURTHOUSE ADDITION IN CHATHAM, VIRGINIA ON MONDAY, DECEMBER 6, 2010, THE FOLLOWING RESOLUTION WA5 PRESENTED AND ADOPTED: WHEREAS, the Federal Communication Commission has made regulatory changes that affect the frequencies of Emergency 911 Dispatch centers throughout the country; and WHEREAS, this change by the Federal Communication Commission requires most emergency service centers and emergency service providers to change radio systems in order to meet these new regulations by 2013; and WHEREAS, Pittsylvania County operates an Emergency 911 system that covers approximately 1000 square miles, dispatching 21 volunteer fire departments and 14 rescue squads as well as over 100 County deputies; and WHEREAS, this regulation change by the Federal Communication Commission has passed on a significant financial burden to the citizens of Pittsylvania County; and Regular Meeting December 6, 2010 WHEREAS, this is a requirement of the Federal government in order to operate an Emergency 911 center with the required license; then BE IT THEREFORE RESOLVED by the Pittsylvania County Board of Supervisors that they request the Honorable Robert Hurt, Congressman-Elect for the 5`h Congressional District covering Pittsylvania County, to earmark at least $12 million of available stimulus or federal funds in order to meet this federal mandate Motion was made by Mr. Ecker, seconded by Mr. Harville, to pay a fuel reimbursement request from the Altavista EMS totaling $5,956.23 for a period from February 9, 2010 until June 30, 2010 and that they submit these bills during each billing cycle once Campbell County has determined which portion of Altavista EMS's fuel cost comes from calls responded to in Pittsylvania County. This motion required a 10-day layover. Mr. Harville also asked to find out where Altavista EMS obtained their fuel and whether or not it reflected the locality tax exemption. Appointments Motion was made by Mr. Ingram, seconded by Mr. Harville, to re-appoint Mr. Terry Moore as the Callands-Gretna representative to the Pittsylvania County Road Viewers, which was unanimously approved by the Board with the exception of Mr. Davis, who was absent. Reports from Leal Counsel Mr. Light reported that favorable court results concerning the lawsuit involving the Regional Industrial Facilities Authority held December 3, 2010. Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn the meeting, which was unanimously approved by the Board with the exception of Mr. Davis, who was absent. The meeting adjourned at 8:16pm.