Kentucky CMRS Board Meeting Minutes
September 10, 2010
1pm
Crowne Plaza Hotel,
Louisville, KY
Board Members Present:David Lucas (Chair), Richard Guittar, Forest Skaggs, Joe Barrows, Shelby Horn, Malissa Carter, Dale Edmondson, Chuck Willis and Captain John Bradley.
Board Members Absent:Marsha Penney
CMRS Staff Present:Tandy Hubbard, Krista Harrod (intern) and John Patterson
Welcome, Introductions and Announcements: CMRS Board Chairman David Lucas called the meeting to order at 1:05 pm and welcomed everyone in attendance to the meeting being held in conjunction with the 2010 Kentucky Emergency Services Conference at the Crown Plaza Hotel in Louisville.
Approval of Minutes:Shelby Horn motioned to approve CMRS Board meeting minutes from the June 24th, 2010 meeting, Richard Guittar seconded and all were in favor of the motion.
CMRS Board Chairman’s Report: CMRS Board Chairman David Lucasreported that CMRS Board Chairman Elections were due to take place and opened the floor for nominations.
Forest Skaggs nominatedDavid Lucas to remain as CMRS Board Chairman and Captain Bradley seconded the nomination. There were no other nominations for Chairman.
Shelby Horn nominated Richard Guittar to remain Vice Chairman andForest seconded the nomination.
David Lucas called for a vote to confirm the nominations and all were in favor of the motion.
Administrator’s Report: CMRS Executive Director Joe Barrows reported that he hoped hosting the meeting in Louisville as part of the KESC provided the CMRS Board more visibility amongst the Kentucky PSAP community.
Joe reported that CMRS Staff had worked tirelessly over the past several weeks to produce the Fiscal Year 2010 CMRS Board Annual Report. Joe asked that Board members review and be prepared for a more formal presentation at a following meeting.
Financial Report: CMRS Policy Advisor Tandy Hubbard presented two Financial Reports to the Board; a summary of Fiscal Year 2010 (ending June 30th, 2010) revenues and expenditures as well as the July 2010 report. Tandy reported that she had streamlined the Administrative Fund report for Fiscal Year 2011 so that Board members may have a better understanding of expenditures by categories.
David Lucas asked Tandy to explain the balance of the CMRS Administrative Fund as of July 31st, 2010 as reported and how that compared to previous years. Tandy reported that the balance of $115,895.06 was significantly lower than usual as past carry forward balances had been used to fulfill contract obligations for legal services. Tandy explained that while the budgeted amount for Fiscal Year 2011 does not exceed anticipated revenue, CMRS Staff would need to be more cognizant that ever of the cash flow in the CMRS Administrative Fund.
Standards Committee Report: CMRS Board Standards Committee Chairman David Lucas reported that the Committee had met and discussed possible Proof of Concept projects that would adhere to the Board’s approved State 911 Plan. The projects included a variety of participants including PSAPs, Wireless Carriers and Telecommunications Providers.
Richard Guittar stated that he believed these projects to be a good investment for the Board as the end result would attempt to cut operating costs for everyone.
David motioned for the Board to approve $225,000 in CMRS Grant Funds to support the proposed Proof of Concept projects as recommended by the CMRS Standards Committee. Joe Barrows seconded the motion and all were in favor with the exception of Captain John Bradley, Chuck Willis and David Lucas who abstained.
David Lucas also reported that while no official word has been received yet, the Board’s Federal BTOP Grant application was probably not successful. CMRS Board Staff plan to proceed with the Next Generation 911 implementation project with the existing Federal E911 Grant monies. A recommendation was also made to hold a joint meeting of the CMRS Standards Committee and CMRS Grant Committee to collaborate on a plan going forward for the use of the CMRS Grant Funds.
PSAP Committee Report:CMRS Board PSAP Committee Chairman Shelby Horn reported that the Committee had received initial Geo-Audit as well as Geo Re-Audit reports from Stantec. The reports revealed that both LeslieCounty and WolfeCounty failed their initial Geo-Audit and Shelby reported the Committee would be working with these Counties on a correction plan and path going forward.
Shelby motioned to approve passing Geo Re-Audit reports from HopkinsCounty and the City of Bowling Green as well as a passing initial Geo-Audit report from LewisCounty. Dale Edmonson approved the motion and all were in favor with the exception of Malissa Carter who abstained.
Shelby reported that the Committee reviewed and accepted Geo Re-Audit extension requests from Paducah/McCracken County and Paintsville/Johnson County.
Shelby reported the Committee had reviewed comprehensive PSAP Certification applications from CallowayCounty and LivingstonCounty and found a few items needing further clarification in each application. Shelby motioned to approve CMRS PSAP Certification for CallowayCounty and LivingstonCounty pending clarification on flagged documents by September 30th, 2010.
A discussion ensued on the types of clarifications needed to complete the applications.
Joe Barrows, Malissa Carter, Captain John Bradley, Shelby Horn and Chuck Willis were in favor of the motion. David Lucas and Forest Skaggs voted against the motion while Dale Edmonson and Richard Guittar abstained. The motion carried with a vote of 5-4.
Grant Committee Report: CMRS Grant Committee Chairman Captain John Bradley reported the Committee reviewed a request from the Whitley County Fiscal Court to use $10,300 of remaining funds in their 2009 CMRS Grant originally awarded for the acquisition and installation of a new CAD system to purchase a new DELL computer and CritiCall Software, an additional LINK NCIC license as well as badges, billfolds and IDs for their dispatchers.
Captain Bradley motioned to approve WhitleyCounty’s request to purchase an additional LINK NCIC license only with remaining 2009 CMRS Grant monies per the CMRS Grant Committee’s recommendation, Dale Edmonson seconded the motion and all were favor.
Cost Recovery Committee Report:CMRS Cost Recovery Chairman Richard Guittar motioned for Board members to approve $2,282,123.41 in reimbursement invoices from AT&T, NTelos, Cricket, East Kentucky Network, Sprint and Bluegrass Cellular. Forest Skaggs seconded the motion and all were in favor.
Audit Committee Report: CMRS Audit Committee Chairman Chuck Willis provided Board members with a summary of final Financial Audit reports as provided by Roy Hunter of Mountjoy, Chilton and Medley LLP.
The Audit findings and corresponding Audit Committee recommendations were presented as follows:
Finding #1
The Wireless Carrier Alaska Native Broadband was selected for Audit but provided no information.
Recommendation
No action recommended. Company was acquired by Cricket Wireless prior to Audit period.
Finding #2
The Wireless Carrier Cellco Partnership is not charging the Kentucky Wireless E911 surcharge on Federal accounts.
Recommendation
CMRS Executive Director will send letter to Cellco Partnership requesting compliance and remittance.
Finding #3
Estill County 911 expended $32,000 of CMRS funds on property insurance for the County and therefore unrelated to 911 service.
Recommendation
CMRS Executive Director will send letter requesting Estill County Fiscal Court to allocate appropriate expenses to 911 account and provide proof.
Finding #4
Mason County 911 expended $17,281 of CMRS funds on an emergency notification system and therefore unrelated to 911 service.
Recommendation
CMRS Executive Director will send letter requesting Mason County Fiscal Court to reimburse 911 account and provide proof.
Chuck motioned for the Board to approve recommendation actions as presented, Dale Edmonson seconded the motion and all were in favor.
Closed Session: Joe Barrows motioned for the Board to enter into closed session at 2:44 pm in accordance with KRS 61.810 (1) (c) regarding proposed or pending litigation and KRS 61.810 (1) (f) regarding personnel, Forest seconded the motion and all were in favor.
Captain John Bradley motioned to re-enter open session at 3:38 pm, Forest seconded the motion and all were in favor.
Old Business: Tracfone Senior Vice President Leighton Lang was accompanied by legal counsel Tom O’Brien and gave a presentation on Tracfone’s proposed Retail Point of Sale regulation for the Board’s consideration.
Also, Jan Gould made a presentation on behalf of the Kentucky Retail Federation in which he presented the Federation’s opposition to the Retail Point of Sale regulation.
New Business: The next quarterly CMRS Board meeting was moved to Monday, October 18th at 1pm.
Adjournment:Shelby Horn motioned to adjourn the meeting at 4:35 pm, Richard Guittar seconded the motion and all were in favor.