E911 BOARD MEETING MINUTES Meeting Dates: E911 Board Meetings March 18-19, 2009 Hilton Garden Inn Tallahassee E911 Board Members in meeting attendance: Sandi Chernoff, 911 Coordinator, Collier County John Ford, E911 Board Chairman, DMS/Division of Telecommunications Charles “Chuck” Freeman, 911Coordinator, Pinellas County Marilyn Haroutunian, 9-1-1 Project Manager, Sprint Nextel Kim Paxton, 911 Coordinator, Putnam County William “Bill” Reid, Director, External Affairs, Verizon James “Jim” Smith, Director, Government Affairs, Embarq E911 Board Members participating via telephone conference: Deborah “Debbie” Caruthers, 911 Coordinator, Orange County Andrew “Andy” Feeney, Manager, Legislative Affairs, AT&T Staff in meeting attendance: Bonnie Gandy, Accountant, Law, Redd, Crona & Munroe Kimberly Bickley, Administrative Support, DMS/Division of Telecommunications Delia Fernandez, Accountant, Law, Redd, Crona & Munroe Patricia Greene, Manager, DMS/ Division of Telecommunications Lee Ann Gustafson, Acting Legal Counsel, Office of the Attorney General Wink Infinger, Statewide 911 Coordinator, DMS/ Division of Telecommunications Kent Raheb, Technical Support, DMS/ Division of Telecommunications Penney Taylor, Administrative Support, DMS/ Division of Telecommunications E911 Board Meeting 031809 Page Two Other Attendees: Lisa Cahill, Marion County Mark Cunningham, Verizon Sharon Falcone, Marion County Ed Gonzalez, Intrado Ron Hatton, Verizon Florida Darren Light, AT&T Susan Nelson, AK Associates Floyd Self, Intrado/Messer Law Firm Jay Westmark, Embarq Silvia Womack, Okaloosa County Frank Wood, DMS/Division of Telecommunications Alan Woods, Positron Telephone Conference Participants: Brett Bayag, Broward County Carolyn Dill-Collier, St. Lucie County Elmer Holt, Pasco County Chris Jones, Verizon Rick Salzman, Tracfone Bruce Thorburn, Lake County Marti Walker, Seminole County (Some telephone conference participants may not be listed as no email was received acknowledging their participation.) E911 Board Meeting 031809.doc Page Three Wednesday, March 18, 2009, Beginning Time 9:00 a.m. until conclusion of business 1. Call to Order Meeting called to order at approximately 9:00 a.m. Mr. Ford started the meeting by requesting that Ms. Taylor conduct roll call. Seven (7) Board Members present for roll call which established a quorum. Mr. Reid and Mr. Smith were not available during roll call. Meeting attendees were requested to make sure that they sign in on the sign in list and telephone conference participants were asked to acknowledge their participation by sending Penney Taylor an email message to ensure that all participants would be properly noted in the meeting minutes. Mr. Ford requested that any meeting attendee with any issues for Board consideration please inform Ms. Taylor to assure that the issue is presented to the Board. 2. Approve Meeting Minutes from the February 18-19, 2009 E911 Board Meeting Meeting minutes from the February 18-19, 2009 E911 Board Meeting were reviewed with no updates. Ms. Paxton made a motion that the February 18-19, 2009 E911 Board meeting minutes be adopted as received. Mr. Freeman seconded the motion that carried unanimously (70). Mr. Reid and Mr. Smith were not available for this vote. 3. Old Business Discuss Board Counsel Mr. Ford informed the Board that a letter of recommendation was sent to the Attorney General respectfully requesting that Ms. Gustafson be permanently assigned to the Board. Ms. Gustafson informed the Board that Dan Biggins has been assigned to the Board effective with the April Board meeting. Ms. Gustafson will also attend the April Board meeting to ensure a smooth transition of Board Counsel. Ms. Chernoff made a motion that a letter of appreciation for Ms. Gustafson support to the Board be sent to the Attorney General. Ms. Paxton seconded the motion which carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. E911 Board Meeting 031809.doc Page Four Old Business (continued) Discuss the 2008 Annual Report to the Governor and Legislature Mr. Ford informed the Board that the 2008 Annual Report had been delivered to the Governor and Legislature in addition to copies being mailed to each Board member and other parties of interest. Annual Audit of the E911 Trust Fund Mr. Ford informed the Board that the Auditors have found new areas of review and that based on questions asked responses from the Auditors have always been positive on what the Board is doing and how the Board conducts business. 4. E911 Board Rules, Rule Development and Status Report 60FF-5.001 Requirement for Sworn Invoices 60FF-5.004 Fee Remittance 60FF-5.005 Emergency Grants Mr. Ford informed that rule 60FF-5.004 would be discussed later in the meeting. Ms. Gustafson informed the Board that rules 60FF-5.001 was proceeding in the rule adoption process. Susan Stafford, Chief Attorney, Joint Administrative Procedures Committee (JAPC) had submitted a letter related to rule 60FF-5.005 and to concerns the emergency grants and project preparedness. Mr. Infinger and Ms. Gustafson had worked together to prepare responses to Ms. Stafford’s concerns which were presented to the Board for review and input. Modifications to 60FF-5.005 will be presented to the Board for vote. Mr. Ford questioned, as a pertinent piece to the discussions of prepaid wireless collection methodologies and rule development if there was currently any penalty involved in rule 60FF-5.004 Fee Remittance for failure to remit. Ms. Gustafson him that there was no language in place for any penalty for failure to remit and that she did not think that the Board had statutory authority to impose a penalty. Ms. Gustafson suggested that the prepaid wireless rule and the fee remittance rule be incorporated as one rule instead of creating a new rule. E911 Board Meeting 031809.doc Page Five 5. Discuss confidential data related to provider revenues by county, discrepancies, disbursements and provider invoices. All confidential information discussed in a manner as not to disclose any confidential information and/or trade secrets. Ms. Fernandez and Ms. Gandy reviewed confidential data related to the wireless and nonwireless, December 31, 2008 monthly disbursements to counties and financial statements. The Board was informed that issues continue to be encountered with remittance reports from some companies. 6. Discuss the recommendation(s) and vote on items from confidential data Wireless Wireless financial reports for the period ending December 31, 2008 were reviewed and discussed by the Board. Ms. Chernoff made a motion to authorize distribution of wireless revenues in the amount of $4,421,463.16. Mr. Freeman seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. Nonwireless Nonwireless financial reports for the period ending December 31, 2008 were reviewed and discussed by the Board. In an effort to improve visibility of nonwireless trend analysis report the Board unanimously agreed that the reporting period be reduced from a thirteen month to a 9 month analysis. Ms. Haroutunian made a motion to authorize distribution of nonwireless revenues in the amount of $4,144,423.28. Ms. Chernoff seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. Other issues discussed during confidential discussions: Financial Statement Available Funds for Rural County Spring Grant Program\ Trust Fund Balance Wireless Service Provider Cost Reimbursement Investment Income E911 Board Meeting 031809.doc Page Six Provider Invoices Mr. Feeney filed Form 8A. E911 Board Consent Agenda Mr. Freeman made a motion that payment authorization for Item 1 as listed on the Consent Agenda for Cellular South invoice #1208 and P1208 in the total amount of $24,140.79 be approved. Ms. Haroutunian seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. Mr. Freeman made a motion that payment authorization for Item 2 as listed on the Consent Agenda for Commnet of Florida, LLC invoice #CWL-01122009 in the total amount of $3,041.40 be approved contingent upon the receipt of the original notarized invoice and if the original invoice amount matches the copy. Ms. Paxton seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. Mr. Freeman made a motion that payment authorization for Item 3 as listed on the Consent Agenda for Southern LINC invoice #4801in the total amount of $44,135.30 be approved. Ms. Haroutunian seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. E911 Board Cost Recovery Agenda Mr. Freeman made a motion that payment authorization for Item 1 as listed on the Consent Agenda for Alltel Communications, Inc. invoice #5017457 in the total amount of $120,938.07 be approved. Ms. Haroutunian seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. Mr. Freeman made a motion that payment authorization for Item 2 as listed on the Cost Recovery Agenda for AT&T invoice #080013-1208 in the total amount of $2,277,064.33 be approved. Ms. Haroutunian seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. Mr. Freeman made a motion that payment authorization for Item 3 as listed on the Cost Recovery Agenda for Metro PCS invoice #27079, 27080, 33391 and 33392 in the total amount of $244,836.46 be approved. Ms. Haroutunian seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not available for this vote. Mr. Freeman made a motion that payment authorization for Item 4 as listed on the Cost Recovery Agenda for Royal Street Communications, LLC invoice #33384 in the total amount of $49,414.40 be approved. Ms. Haroutunian seconded the motion that carried unanimously (7-0). Mr. Reid and Mr. Smith were not present for this vote. E911 Board Meeting 031809.doc Page Seven Other issue discussed: Wireless Service Provider Budget Authority versus Proposed Cost Reimbursement County Disbursement Mr. Ford gave an overview of the remaining agenda items. 7. Discuss Rural County and E911 State Grant Programs Ms. Haroutunian gave an overview of the Grant Committee meeting held on Tuesday, March 17, 2009 and the rural county grant application review process. The following rural county grant applications were reviewed in recommended priority order. Some county representatives were available to answer concerns related to the grant applications. PRIORITY 1 Gilchrist Grant application received in the requested amount of $207,560.55 for E911 System Replacement. Molly Brannon was available to answer concerns related to system maintenance issues and request for total replacement. Ms. Caruthers questioned Ms. Brannon if support was not coming from Positron. Ms. Brannon responded that she thought it was from Intrado as IPC purchased Positron and basically went to Positron equipment and they are no longer developing anything for the IPC equipment. Ms. Caruthers questioned if the 2005 equipment purchase was with rural county grant funds. Ms. Brannon responded yes. Mr. Ford questioned if the lack of maintenance on the system was due to the lack of funds in the county and why the county didn’t apply for a maintenance grant? Ms. Brannon responded that the initial purchase had three years maintenance included and that the county just became aware this year that there was no maintenance on the system. Major concern with this grant request is that the county is not mapping the 911 caller which is a major issue. Mr. Reid joined the meeting during these discussions. E911 Board Meeting 031809.doc Page Eight Gilchrist (continued) Ms. Paxton made a motion to accept the Gilchrist County grant application as a Priority 1 for an award amount of $207,560.55. Ms. Chernoff seconded the motion which carried unanimously (8-0). Some members voted hesitantly on this vote. Mr. Smith was not available for this vote. Lunch Break Meeting reconvened following lunch break. Ms. Haroutunian stated that the Board would continue with the application review for Priority 2 grant request. PRIORITY 2 Desoto Grant application received in the requested amount of $5,459.00 for E911 Maintenance. There were no issues with this grant request. Ms. Chernoff made a motion to accept the Desoto County grant application as a Priority 2 for an award amount of $5,549.00. Mr. Freeman seconded the motion which carried unanimously (7-0). Mr. Ford and Mr. Smith were not available for this vote. Gilchrist Grant application received in the requested amount of $6,329.00 for Recorder Maintenance. There were no issues with this grant request. Mr. Freeman made a motion to accept the Gilchrist County grant application as a Priority 2 for an award amount of $6,329.00. Ms. Chernoff seconded the motion which carried unanimously (7-0). Mr. Ford and Mr. Smith were not available for this vote. Hardee Grant application received in the requested amount of $19,310.88 for E911 Maintenance. There were no issues with this grant request. Mr. Reid made a motion to accept the Hardee County grant application as a Priority 2 for an award amount of $19,310.88. Mr. Freeman seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. E911 Board Meeting 031809.doc Page Nine PRIORITY 2 (continued) Holmes Grant application received in the requested amount of $8,127.40 for E911 Maintenance. There were no issues with this grant request. Ms. Chernoff made a motion to accept the Holmes County grant application as a Priority 2 for an award amount of $8,127.40. Mr. Reid seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Jackson Grant application received in the requested amount of $20,201.00 for E911 Maintenance. There were no issues with this grant request. Mr. Reid made a motion to accept the Jackson County grant application as a Priority 2 for an award amount of $20,201.00. Mr. Freeman seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Liberty Grant application received in the requested amount of $25,000.00 for E911 Maintenance. There were no issues with this grant request. Mr. Reid made a motion to accept the Liberty County grant application as a Priority 2 for an award amount of $25,000.00. Mr. Freeman seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Madison Grant application received in the requested amount of $25,000.00 for E911 Maintenance. There were no issues with this grant request. Mr. Reid made a motion to accept the Madison County grant application as a Priority 2 for an award amount of $25,000.00. Ms. Chernoff seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Suwannee Grant application received in the requested amount of $34,802.00 for E911 Maintenance. There were no issues with this grant request. Mr. Reid made a motion to accept the Suwannee County grant application as a Priority 2 for an award amount of $34,802.00. Ms. Chernoff seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. E911 Board Meeting 031809.doc Page Ten PRIORITY 2 (continued) Walton Grant application received in the requested amount of $33,330.72 for E911 Maintenance. There were no issues with this grant request. Mr. Reid made a motion to accept the Walton County grant application as a Priority 2 for an award amount of $33,330.72. Ms. Chernoff seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Washington Grant application received in the requested amount of $6,240.00 for E911 Maintenance. There were no issues with this grant request. Mr. Reid made a motion to accept the Washington County grant application as a Priority 2 for an award amount of $6,240.00. Mr. Freeman seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. PRIORITY 3 Jackson Grant application received in the requested amount of $16,570.75 for a Logging Recorder. There were no issues with this grant request. Mr. Reid made a motion to accept the Jackson County grant application as a Priority 3 for an award amount of $16,570.75. Ms. Chernoff seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Washington Grant application received in the requested amount of $19,500.00 for Replacement UPS. Ms. Chernoff made a motion to accept the Washington County grant application as a Priority 3 for an award amount of $13,650.00. This grant request was decreased due to the percentage of UPS to be utilized for 911 purposes. Ms. Paxton seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. E911 Board Meeting 031809.doc Page Eleven PRIORITY 5 Desoto Grant application received in the requested amount of $1,250.00 for Coordinator Meeting/Training. There were no issues with this grant request. Mr. Reid made a motion to accept the Desoto County grant application as a Priority 5 for an award amount of $1,250.00. Ms. Chernoff seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Hardee Grant application received in the requested amount of $1,200.00 for Coordinator Meeting/Training. There were no issues with this grant request. Ms. Paxton made a motion to accept the Hardee County grant application as a Priority 5 for an award amount of $1,200.00. Ms. Chernoff seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Hendry Grant application received in the requested amount of $1,500.00 for Call Taker Training and Coordinator Meeting. This grant request is a partial request. The total requested was $24,528.55 a vote will be conducted on the partial award. Ms. Paxton made a motion to accept the Hendry County grant application as a Priority 5 for an award amount of $1,500.00. Mr. Freeman seconded the motion which carried unanimously (8-0). Mr. Smith was not available for this vote. Holmes Grant application received in the requested amount of $1,077.60 for Coordinator Meeting/Training. There were no issues with this grant request. Mr. Reid made a motion to accept the Holmes County grant application as a Priority 5 for an award amount of $1,077.60. Mr. Freeman seconded the motion that carried unanimously (8-0). Mr. Smith was not available for this vote. E911 Board Meeting 031809.doc Page Twelve PRIORITY 5 (continued) Jackson Grant application received in the requested amount of $5,100.00 for Coordinator Meeting/Training. Request includes 2 coordinator meetings to include 2 call takers. Mr. Reid made a motion to accept the Jackson County grant application as a Priority 5 for an award amount of $5,100.00. Ms. Paxton seconded the motion that carried unanimously (8-0). Mr. Smith was not available for this vote. Walton Grant application received in the requested amount of $6,000.00 for Coordinator Meeting/Training. Request includes coordinator and call taker for the Spring and Fall meetings. Ms. Paxton made a motion to accept the Walton County grant application as a Priority 5 for an award amount of $6,000.00. Mr. Reid seconded the motion that carried unanimously (8-0). Mr. Smith was not available for this vote. Washington Grant application received in the requested amount of $5,100.00 for Coordinator Meeting/Training. Request includes 2 coordinators meetings and to include 2 call takers. Ms. Paxton made a motion to accept the Washington County grant application as a Priority 5 for an award amount of $5,100.00. Ms. Chernoff seconded the motion that carried unanimously (8-0). Mr. Smith was not available for this vote. E911 Board Meeting 031809.doc Page Thirteen Mr. Smith joined the meeting at this point. 8. Discuss Prepaid Wireless Collection Methodology & Rule Development Mr. Ford started the discussions by giving an overview of previous discussions on this issue from the prepaid study up to the discussion on alternative methods for collection. Ms. Gustafson gave an update on the first draft of the proposed rule and stated that once the language is finalized it will be included in the fee remittance rule instead of creating a new rule. Included in the proposed rule is the definition for prepaid wireless. Mr. Ford stated that Mr. Randy Miller, Florida Retail Federation had expressed a concern that the Board had a lack of understanding on the issues that had been created for the retail association for the Board to impose the rule as it was currently approved. Mr. Miller requested that he be allowed to come before the Board to discuss the concerns. Mr. Miller stated that the issue of whether the fee is collected or not collected is not their issue. Their issues is if the Board elects to collect the fee and the Board determines that the retail association is considered a service provider would present a set of problems that the Board may not be aware of due to the number of retailers in the State of Florida that sell the prepaid cards (approximately 300,000 registered sales tax dealers but is unsure of the number that sells prepaid wireless cards). Mr. Miller gave an example of how fees of this nature were handled in the past and stated that conversation had taken place with the current executive director of the Department of Revenue and they have no interest in adding additional fees on the sale tax return which would be required statutorily. For the Board to independently create a collection system is a tremendous undertaking with the number of participants involved due to issues with actual calculations, programs required to post on each point of sale and cost to implement a collection system. Other issues discussed: Where would prepaid wireless fees be remitted to Collection system not in place Prepaid Legislation Where should they be collected Rule Development Process Small Business Regulatory Advisory Council Information Penalty for failure to remit (no punitive issue exists in proposed rule) E911 Board Meeting 031809.doc Page Fourteen Discuss Prepaid Wireless Collection Methodology & Rule Development (continued) Mr. Miller suggested that the Board investigate a collection system and cost analysis before entering into rulemaking. Mr. Miller also stated that he understands the dilemma and that it may appear simple to collect the prepaid wireless fee however it is not. Therefore, the suggestion again would be to defer until someone researches a system for collection and cost analysis. The Board members along with comments from some industry representatives discussed in detail issues related to prepaid collection methodologies, board’s responsibility, suggested action plan, when should the Board start collecting the fee, rule challenge process, revenue increases/decreases, exemptions, extension of fee collection and possibly requesting legislative guidance. Mr. Smith made a motion to table discussions on prepaid wireless collection rulemaking methodologies until the April Board meeting. In the interim a letter is prepared for presentation to the individual commission committee members in the Senate and House (Kreegle and King). Mr. Ford restated the motion for clarification that the motion is to table any discussions on rule development for the prepaid wireless collection methodologies until the April Board meeting. In the interim a letter is prepared for presentation to the individuals, as provided by Mr. Smith and that the letter includes language that the Board has agreed in principle through several votes that the prepaid wireless fee should be collected from the wireless industry. The letter would state that the Board is requesting guidance on the collection of prepaid wireless and include language from the previous letter which states the different alternative methodologies and request assistance in choosing a methodology. Also included should the Board choose the point of sale methodology, the authority to enforce this collection methodology. Mr. Miller and Ms. Hunter-Padgett suggested that language be included to state cost burden and challenges in implementing. Mr. Reid seconded the motion. Mr. Ford requested a poll which carried 6-3. Ms. Chernoff, Mr. Feeney, Mr. Ford, Ms. Haroutunian, Mr. Reid and Mr. Smith voted yes on this motion. Ms. Caruthers, Mr. Freeman and Ms. Paxton voted no on this motion. E911 Board Meeting 031809.doc Page Fifteen Mr. Ford called for a motion that the Board reconsider the previous vote to determine that retailers were in fact service providers. If no motion is made the Board would be obligated to include language that the Board has determined, based on statutory language, that those retailers that sell the service are in fact service providers. This pushes the Board to point of sale as the collection method and therefore assistance is needed statutorily to make that happen. The Board unanimously agreed that no motion was required and that language could be included in the letter. Discuss rural county grant applications reviewed in recommended priority order (continued) Ms. Haroutunian started rural county grant application discussion with the remaining Priority 6. Sufficient funding is not available to fund all Priority 6 grant applications. The following rural county grant applications were reviewed and discussed: Union Grant application received in the requested amount of $25,698.00 for E911 Maintenance. This grant application was received on March 3, 2009 with a post mark date of March 2, 2009. Mr. Freeman made a motion to reject the Union County grant application as the grant was received two days late. Ms. Paxton seconded the motion that carried unanimously (7-0). Mr. Feeney and Mr. Smith were not available for this vote. PRIORITY 6 Dixie Grant application received in the requested amount of $160,551.50 for Selective Router. This grant is required due to a work around for transferring calls. Ms. Caruthers stated that a review of the quotes reflect that there is no system installation or project management included which raises concern. Ms. Paxton stated that the cost of the installation or project management is included in annual consulting costs. This grant is also required to connect to the North Florida routing system and the possibility that TCI will no longer be maintained. As sufficient funds are not available to award all Priority 6 grant applications the Board discussed the best approach to process for recommendations for Priority 6 grant request and award amounts. E911 Board Meeting 031809.doc Page Sixteen PRIORITY 6 (continued) Dixie Mr. Freeman made a motion to accept the Dixie County grant application as a Priority 6 for an award amount of $160,551.50. Ms. Chernoff seconded the motion that carried unanimously (7-0). Mr. Feeney and Mr. Smith were not available for this vote. Gilchrist Grant application received in the requested amount of $28,707.00 for E911 Mapping. Ms. Paxton made a motion to accept the Gilchrist County grant application as a Priority 6. Mr. Reid seconded the motion which carried unanimously (7-0). Ms. Taylor questioned if it was required to motion acceptance of each Priority 6 grant request on an individual basis. Ms. Gustafson suggested that the vote for Priority 6 grant requested be voted for accepted as a whole and not individually. Liberty Grant application received in the requested amount of $1,906.50 for 911 Data and Software Backup. Putnam Ms. Paxton filed Form 8A. Grant application received in the requested amount of $38,482.00 for a Generator. This grant request amount was decreased to $26,937.40 due to percentage of 911 in which the generator would be utilized. Taylor Grant application received in the requested amount of $7,681.00 for Lightning Protection. Hendry Three grant applications were received in the requested amount of (1) $24,528.55 for 911 System Training Refresher ($15,375.66) and EMD ($7,652.89) (2) $36,399.37 for Big Cypress Position and (3) $52,330.50 for Netclocks and Monitors. These grant applications were tabled in an effort to communicate issues of concerns with the 911 Coordinator. Liberty Grant application received in the requested amount of $160,551.50 for VOIP Selective Router. E911 Board Meeting 031809.doc Page Seventeen PRIORITY 6 (continued) Suwannee Grant application received in the requested amount of $160,551.50 for VOIP Selective Router. Taylor Grant application received in the requested amount of $163,780.70 for VOIP Selective Router. As sufficient funds are not available to award all Priority 6 grant applications the Board again discussed in detail the best approach to process for recommendations for award amounts of Priority 6 grant requests. Mr. Ford questioned if Board had the authority to award some Priority 6 and not others. Ms. Gustafson stated that the Board did have the authority based on a greater needs basis. Other issues discussed: 2009/2010 Rural County Grant Program Funds Mr. Ford made a motion that all grants as discussed be classified as a Priority 6, with the exception of Hendry County who has been requested to come before the Board at the April Board meeting to defend their grants, as recommended by the grant committee. Mr. Reid seconded the motion which carried unanimously (7-0). Mr. Feeney and Mr. Smith were not available for the vote. Mr. Ford made a motion that funds be distributed to all Priority 6 as identified with the exception of Liberty, Suwannee, Taylor and Hendry counties based on funding for this grant cycle. Mr. Reid seconded the motion which carried unanimously (7-0). Mr. Feeney and Mr. Smith were not available for this vote. Total grants awarded for this grant cycle is $668,592.30. Mr. Ford called for a motion that the 2008/09 Rural County Grant Spring session be closed with the exception of the Hendry County grant applications which will be discussed at the April Board meeting. Mr. Reid made the motion that the 2008/09 Rural County Grant Spring session be closed with the exception of the Hendry County grant applications which will be discussed at the April Board meeting. Mr. Freeman seconded the motion which carried unanimously (70). Mr. Feeney and Mr. Smith were not available for this vote. E911 Board Meeting 031809.doc Page Eighteen Mr. Ford gave an overview of the remaining agenda items to be discussed Thursday. Mr. Infinger requested that Board Members review the Board’s position letter related to sweep of funds to be discussed on Thursday. Mr. Freeman requested that the 4th quarter release of funds for the State Grant Program be discussed Thursday. Meeting recessed. E911 Board Meeting 031909.doc Page Nineteen Thursday, March 19, 2009, Beginning Time 9:00 a.m. until conclusion of business Mr. Feeney and Mr. Smith did not participate in the meeting due to other obligations. Meeting called to order at approximately 9:00 a.m. The following items were presented by Mr. Infinger for discussion: Responses to Joint Administrative Procedures Committee (JAPC) Letter Monroe County refund of excess funds After review with the county representative and inspector general’s office Mr. Infinger is of the opinion that Monroe County does not have excess funds and should not have returned the funds since the county expenditures and the E911 expenditures far exceeded the E911 fee revenue received. Due to this action it was suggested that a rule be implemented for county guidelines related to carry forward and excess funding. Ms. Haroutunian made a motion that staff be authorized to proceed with the proposed rule making process for the proposed Requirement for County Carry Forward Funds and Excess Funding. Mr. Freeman seconded the motion that carried unanimously (7-0). Mr. Feeney and Mr. Smith were not present for this vote. The Board unanimously agreed that once an official request for refund of funds returned in error is received from Monroe County that the refund is processed. Mr. Infinger agreed to post the draft carry forward rule to the E911 website for the coordinator group to review. The Requirements for County Carry Forward Funds and Excess Funding Rule numbers should be changed to 60FF-5.006. Future Meetings – the April Grant Committee and Board meetings are scheduled for April 21-23, 2009. Fee Allocation Percentages and the Emergency Communications Number E911 System Fund (E911 Trust Fund) Mr. Ford stated due to pending issues related to the cost recovery proposals and the prepaid issue that no adjustments be made at this time to the allocation percentages. E911 Board Meeting 031909.doc Page Twenty Items presented by Mr. Infinger for discussion (continued) Release of 2008/09 4th Quarter State Grant Funding The Board unanimously agreed that once the release of 4th quarter fund release is authorized that staff work with FMS to process the remaining approved awards for payment authorization Trust Fund Position Statement The Board unanimously agreed that the drafted Position Statement be processed in final and submitted to the Governor and Legislature. Initial Information Collection Mandated by the New and Emerging Technologies Improvement Act of 2008 Letter to Governor Crist and the E911 Board proposed responses Grant Change Requests were reviewed: Alachua Change request submitted to request extension of project to coincide with equipment installation. County withdrew change request as equipment is currently being procured and installed. Columbia Change request submitted to extend grant for system due to issues related to management changes. The Board is of the opinion that the $541,705.58 grant should be returned and that the county re-applies with the Fall Rural County Grant Program if a plan is in place. Baker Change request submitted to utilize funds not expended from the 2008 Fall Coordinator’s Conference to be applied for the 2009 Spring Conference. Mr. Freeman made a motion to accept the Baker County change request. Ms. Chernoff seconded the motion which carried unanimously (7-0). E911 Board Meeting 031909.doc Page Twenty-One Grant Change Requests (continued) Columbia (continued) Mr. Ford requested that Ms. Taylor work with Ms. Greene to draft a letter to Columbia County stating that the grant extension for the $541,705.58 grant award was denied and that the grant funds should be returned to the Board. Ms. Paxton made a motion to deny the Columbia County grant change request. Ms. Haroutunian seconded the motion which carried unanimously (7-0). Mr. Freeman made a motion that in addition to the grant award that Columbia County returns all interest earned on this grant. Ms. Paxton seconded the motion that carried unanimously (7-0). Brevard Change request submitted for the $1,616,538.00 grant request requesting six month time extension to complete consolidation assessment. Issue tabled until April meeting in an effort to allow county participation to answer concerns of the Board. Brevard Change request submitted for the $217,000.00 grant request requesting six month time extension to complete consolidation assessment. Issue tabled until April meeting in an effort to allow county participation to answer concerns of the Board. Escambia Change request submitted for a 2 month time extension required for final installation. Mr. Freeman made a motion to accept the Escambia County change request. Ms. Chernoff seconded the motion which carried unanimously (7-0). Charlotte Change request submitted for a 4 month time extension required to finalize installation. Mr. Freeman made a motion to accept the Charlotte County change request. Ms. Paxton seconded the motion which carried unanimously (7-0). E911 Board Meeting 031909.doc Page Twenty-Two Grant Change Requests (continued) Charlotte Change request submitted for grant award in the amount of $563,202.21 requesting a 3 month time extension required for scheduling. Mr. Freeman made a motion to accept the Charlotte County change request. Ms. Paxton seconded the motion which carried unanimously (7-0). Pasco Change request submitted for grant award in the amount of $819,741.59 requesting a 6 month extension due to issues related to training and other administrative processes for installing a backup PSAP which took priority in project completion process. Mr. Holt was available via telephone conference to answer concerns of the Board. Mr. Freeman made a motion to accept the Pasco County change request. Ms. Chernoff seconded the motion which carried unanimously (7-0). Additional Staff Mr. Ford informed that Board that Ryan Butler, Technical Support for the Board had joined Board staff. County E911 Fiscal Guidance Information (Allowable/Disallowed Expenditure List) 911 call taker certification costs if part of a call taking training program was added to the allowable expenditure list. This expenditure would be considered disallowed if the cost is not part of the training program or based on the number of years of service. Currently there is no requirement that call takers be certified but a bill is in legislation which could change this requirement. Mr. Freeman made a motion that it is the opinion of the Board that initial call taker certification be accepted as allowable costs under training and that the five year grandfather clause or re-certification does not apply. Ms. Paxton seconded the motion which carried unanimously (7-0). E911 Board Meeting 031909.doc Page Twenty-Three The Board discussed issues related to EMD, EFD and EPD 911 call taking training as allowable costs. Certification would be allowable if part of training however recertification training would not be an allowable costs. Mr. Freeman made a motion that the Board recommends recertification as an allowable cost. Ms. Chernoff seconded the motion which carried 5-2. Mr. Ford and Ms. Haroutunian voted no on this vote. Reseller –Local Exchange Company Overpayment Issue Mr. Ford gave an update that Board staff was continuing to work on this issue as there appears to be a conflict on the numbers as presented by a company. Board staff is unsure of current numbers; however, staff will make inquiries to all other large companies before preparing any adjustments. 2007/08 Auditor General Audit Memorandum Responses Mr. Ford shared responses as submitted on behalf of the Board to some concerns as presented by the Auditor General’s Office related to cost recovery proposals, provider payments, county grants, board organization and future plans, e911 revenues and county distributions. Board’s authority to expend excess funds from service provider category for county disbursements Ms. Gustafson agreed to research statute for authority to utilize excess funds. Meeting Adjourned Next scheduled meeting: April 21-23, 2009 Hilton Garden Inn 1330 Blairstone Road Tallahassee (850) 893-8300 April 21, 2009, 2:00p.m until conclusion of business scheduled to discuss issues related to the 2008/09 Rural County Spring Grant Applications. PWT/pwt