E911 INFORMATION

McDOWELL COUNTY

COMMISSION

November 9, 2017

McDowell County Emergency Communications Center I OES

350 Virginia Ave., Suite 201 Welch, WV 24801

304-436-41 06 I 304-436-6900 304-436-4108 Fax

teresa_ vandyke@citlink. net

Ingrid Ferrell, Executive Secretary Public Service Commission of WV 201 Brooks Street P.O. Box 812 Charleston, WV 25323

Dear Ms. Ferrell,

I have enclosed a copy of the McDowell County Emergency Communications Center updated ordinances. The two updates were made by the McDowell County Commission as of September 2015 and September 2017. It is my understanding that your office was not provided with these changes.

If you need anything else, please feel free to contact my office.

Teresa VanDyke 911/0ES Director

Adam Gianato, President

Robin Pruitt Sgt. Robert Daniel

Board of Directors

Sheriff Martin West, Vice President

Cecil Patterson

Teresa VanDyke, Director

Secretary/Treasurer- Paul Hare

J.J. Rose Jimmy Ellis

1nance

The County McDowell Coun

Fourth Term, 2 h

k . 1

n

2 1

Creating th~ McDowell County Dated

1. PB.rpose -- The purpose of this Arnend1nent is to make The McDowell Emergency Communications Board an board compliance with .State law. Section 24-6-S(g), as an1ended (1

2. -- This Amendment take conclusion .public meeting with the Commission's approval of...,.LL, ........... F,'"''-'·

3. · Amend1nents:

a. Paragraph II. C, that reads "The Governing shall be known as McDowell County Board of Directors, hereinafter referred to as the

=-==__:__:::.;;:_~ body of the Communications . The McDowell County Communications ,_,,_, ....... LV.L

Directors, hereinafter referred to as the "Board".

b. Paragraph III. A. =-==-=---=-:::::.....::::...:::..::::.:::.. 2. that direction and Center Director, set overall policies to be administered by the Center supervise annual Center budget. shall an ......... _ ... ..,,.~~ .. budget to the County Commission during the regular budget cycle. County Commission shall set and approve an budget based on projected revenue" is amended to read Board shall monitor the operation the syste1n and may make recommendations to County '-../VLLU..UJ.w'V.l'-'·U v•v.LHJV.l.LLU.Jl;;;..,

c.

d.

7

rdinan k . 1 The County m ission

McDowell County, West Virginia

Fourth Te 2 h d of 2 I

i- Board personnel for termination from the Center. the County Commission termination Commission shall approve the of read "The Director shall ... "'"""YY)'ry"\

termination from the __,~L"LL~ ...

disapprove the tennination

f. Paragraph V. :=:..._=--=-=-c=-=-==-==.::::=..c._..:::;::__::::....:::_:::_=--=-=--=..;;"-==-

to the ' any transfer of unanticipated needs or to meet changed situations.

· to the County Commission any funds total budget account to · -fil~et unanticipated needs or to meet changed situations. County Commission

sb'&!J ;approve any budget changes or transfer of funds within the total budget" is amehded to read "The to Commission any

needs or .. tb meet changed disapprove any budget changes or

to meet ULlt-U.I-LJ.V.l!--IU.L'-'\..1.

"-..JVJ..LLLLLh.hJ.lVJ..I. may or the total budget."

g. Paragraph V. C. Director shall be limited to the amount of $1,000.00 purchasing without prior approval of the "Board" is amended to read "The Director shall $1,000.00 for purchasing without

h. Paragraph VI. quarterly reports of all statement of income and is n-rYlDY\r-.r.:.n

quarterly reports of all transactions of the '-''"' ...... L.., ...

Commission, including a statement

ed upon passage this _2_7 __

STATE OF WEST VIRQINIA, COUNTY OF MCDOWELL, TO WIT:

17

I, DONALD L. HICKS CLERK OF THE COUNTY COMMISSION OF MCDOWELL COUNTY, HEREBY CERTIFY

THAT UNDER MY HAND AND SEAL AT WELCH, WEST VIRQINIA THIS 3 rd DAY

AMENDJVIENT to ORDINANCE Creating The McDowell County Communications '--"''"'.._""'"·"'"

Dated October 9, 1991

1. Purpose - The purpose of tbis Amendment is to The McDowell Councy

Emergency -Communications Center's Board of Directors an advisory board

compliance with State law. Section 24-6-S(g), W.Va. Code (as amended 1996).

2. Effective Date - This

conclusion of the last public reading, whichever is later.

3. Amendments:

a. Paragraph II. C. that reads "The Governing body of the Communications Center

shall be known as The McDowell County Emergency Communications Center Board

of Directors, hereinafter referred to as the 'Board'." is amended to read "The

Governing Body of the Communications Center shall be the McDowell County

Commission. The Advisory body of the Communications Center shall be known as

The McDowell County Emergency Communications Center Board of Directors,

hereinafter referred to as the 'Board'."

b. Paragraph III. ADMINISTRATION AND PERSONNEL A. BOARD OF

DIRECTORS 2. that reads "The Board shall provide direction and guidance to the

Center Director, set overall policies to be administered by the Center Director, and

supervise and authorize annual Center operating budget." is amended to read "The

Board shall provide direction and guidance to the Center Director, set overall policies

to be administered by the Center Director, and supervise annual Center operating

budget. The Board shall recommend an annual budget to the County Commission

during the County's regular budget cycle. The County Commission shall set and

approve an annual budget based on projected revenue."

c. Paragraph III. ADMINISTRATION AND PERSONNEL B. CENTER

DIRECTOR 1. that reads "The Center Director will be appointed by and be

accountable to the Board of Directors." is amended to read "The Board shall

recommend a Center Director to the County Commission and the County

Commission shall appoint a Center Director. The Center Director shall be

accountable to the Board and to the County Commission."

1

d. Paragraph ill. ADMINISTRATION AND PERSONNEL

PERSONNEL SELECTION that reads "Employment of Center personnel other

than the director shall be recommended by the director and approved by the Board."

is amended to read "The Director shall recommend to the Board personnel for

employment at the Center. The Board shall recommend to the County Commission

personnel for employment at the Center. The County Commission shall approve the

e. Paragraph ill. ADMINISTRATION AND PERSONNEL D. CENTER

PERSONNEL SELECTION 5. that reads "Termination of Center personnel, other

than the Director, shall be recommended by the Director and approved by the Board."

is amended to read. "The Director shall recommend to the Board personnel for

termination from the Center. The Board shall recommend to the County Commission

personnel for termination from the Center. The County Commission shall approve

the termination of Center personnel."

f. Paragraph V. PURCHASING PROCEDURE B. that reads "The Director shall

have the power to transfer funds within the total budget account in order to meet

unanticipated needs or to meet changed situations." is amended to .read "The

Director shall recommend to the Board any transfer of funds within the total budget

account in order to meet unanticipated needs or to meet changed situations. The

Board shall recommend to the County Commission any transfer of funds within the

total budget account in order to meet unanticipated needs or to meet changed

situations, The County Commission shall approve any budget changes or transfer of

funds within the total budget."

g. Paragraph V. PURCHASING PROCEDURE C. that reads "The Director shall be

limited to the amount of $1,000.00 for purchasing· without prior approval of the

Board." is amended to read "The Director shall be limited to the amount of

$1,000.00 for purchasing without prior approval of the County Commission."

h. Paragraph VI. FINANCIAL REPORTING A. that reads "The Director shall file

quarterly reports of all transactions of the Center with the Board including a statement

of income and expense." is amended to read "The Director shall file quarterly

2

reports of all transactions of the Center with the Board and the Cou t c · · n y. OilliillSSlOn

including a of income and "

Signed upon passage the l.6_thday of --~~~~~----

resident

McDowell County Commission

STATE OF WEST VIRGINIA, COUNTY OF MCDOWELL, TO WIT:

I, DONALD L. HICKS CLERK OF THE COUNTY COMMISSION OF MCDOWELL COUNTY, HEREBY CERTIFY

THAT UNDER MY HAND AND SEAL AT WELCH, WEST VIRGINIA THIS 3rd DAY

0~~~=-/ ,2017.

TESTEE ~, Yt<~ CLERK

DONALD L. HICKS, CLERK OF THE MCDOWELL C OMMISSION

3

BY THE COUNTY COMMISSION OF MCDOWELL COUNTY AN ORDINANCE ENACTED UNDER CHAPTERS 7 AND 24 OR THE WEST VIRGINIA

CODE

AN ORDINANCE OF MCDOWELL COUNTY PROVIDING FOR THE ESTABLISHMENT OF A COUNTYWIDE, ENHANCED EMERGENCY TELEPHONE SYSTEM AND THE

IMPOSITION OF A FEE UPON LOCAL EXCHANGE SERVICE CONSUMERS TO FINANCE INSTALLATION AND RECURRING COSTS.

WHEREAS, the McDowell County Commission has determined that the installation of a

countywide, enhanced emergency telephone system would allow any citizen in McDowell County

to request emergency fire, police, ambulance or rescue services by simply dialing 911 from any

telephone in the county; and

WHEREAS, the McDowell County Commission seeks to promote the public health,

safety and general welfare of all individuals within the county by ensuring all requests for

emergency assistance can be channeled through one central answering point t the appropriate

emergency service response agency, regardless of whether the caller is in an incorporated or

unincorporated area of the county; and

WHEREAS, the McDowell County Commission intends to install and maintain an

enhanced type of emergency telephone system that will upon completion, automatically connect a

person dialing 911 with the county to the central answering point and provide prompt information

on the location and telephone number from which the call is being made so that the source of a

call for help can be locked in even if the caller is disconnected or unable to communicate with

emergency officials;

NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSION OF

MCDOWELL COUNTY, WEST VIRGINIA, THAT THE PLAN HEREIN BE ADOPTED

PROVIDING FOR THE INSTALLATION AND ONGOING OPERATION AN

MAINTENANCE OF AN ENHANCED EMERGENCY TELEPHONE SYSTEM THAT WILL

SERVE BOTH INCORPORATED AND UNINCORPORATED AREAS OF THE COUNTY IN

ACCORDANCE WITH §7-1-3cc and §24-6-2 THROUGH §24-6-9 OF THE CODE OF WEST

VIRGINIA.

COMPREHENSIVE PLAN FOR ENHANCED EMERGENCY TELEPHONE SYSTEM

ARTICLE 1 - - GENERAL PROVISIONS

SECTION 1 - DEFINITIONS

As used in this ordinance unless the context otherwise clearly indicates, the following words or phrases shall have the meanings hereinafter set forth:

(a) "County answering point"means a facility to which the enhanced emergency telephone system calls for the county are initially routed for response, and where county personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency service provider, relaying a message to the appropriate provider or transferring the call to the appropriate provider.

(b) "County Commission" means the County Commission of McDowell County, West Virginia.

(c) "County" means McDowell County, West Virginia

(d) "Emergency Service Provider" means any publicly funded emergency service organization or public safety unit.

(e) "Enhanced Emergency Telephone System" means a telephone system which automatically connects the person dialing the primary emergency number to the county answering point and in which the telephone network system automatically provides to personnel receiving the call, information on the location and the telephone number from which the call is being made, and upon direction from the personnel receiving the call routes or dispatches such call by telephone, radio or any other appropriate means of communication to other emergency service providers that are designated to serve the location from whic~ the call is made.

(f) "Public Agency'' means McDowell County and all incorporated municipalities of the county which provide or have authority to provide fire-fighting, police, ambulance, medical rescue or other emergency services within the county. Those

municipalities shall include, but not be limited to, Anawalt, Bradshaw, Davy, Gary, Iaeger, Keystone, Kimball, Northfork, War and Welch.

(g) "Public Safety Unit" means the functional divisions of McDowell County and each county municipality which provides fire-fighting, police, medical, rescue or other emergency services.

(h) ''Public Utility" means Citizens Telecommunications, Verizion-West Virginia, War Telephone Company or any other company or organization engaged in providing local exchange telephone service to consumers in McDowell County.

(i) "Telephone Company" means a public utility which is engaged in the provision of telephone service.

(j) "Regulating Agency" means the West Virginia Public Service Commission which, by law, regulates services provided by a public utility.

ARTICLE II - - MINIMUM REQUIREMENTS

Pursuant to Article 6, Chapter 24 of the West Virginia Code and General Order 187.3, of the West Virginia Public Service Commission's Rules and Regulations for the Government of Telephone Utilities, minimum requirements for the enhanced emergency telephone system in McDowell County shall include:

SECTION 2 - AVAILABILITY

(a) All territory in the county, including all municipal corporations in the county, which is provided local exchange telephone service by any phone company shall be included in the enhanced emergency telephone system.

(b) The emergency service providers of all political subdivisions that currently provide emergency services within the county shall participate in the enhanced emergency telephone system.

SECTION 3 - COUNTY ANSWERING POINT

(a) The county answering point for the enhanced emergency telephone system will be the McDowell County Emergency Communications Center (MCECC) and it will provided full service for receiving and dispatching emergency calls, including receiving calls from the hearing impaired constantly.

(b) There will be one county answering point. The location of such answering point shall be as follows:

257 Virginia Ave., Suite 201 Welch, WV 24801

(c) All areas of McDowell County and all Municipal corporations will be served by the above answering point.

(a) The McDowell County Emergency Communications Center shall be connected to the appropriate Telephone Companies network by designated facilities via ANI trunks and combination voice and data circuits.

(b) The McDowell County Emergency Communications Center will directly dispatch the police, fire, ambulance, rescue and emergency service calls for the following emergency service providers on a continuous 24-hour basis:

( 1) McDowell County Sheriff's Department (2) West Virginia State Police (3) All municipal police departments (4) The McDowell County Ambulance Authority or its designated

contractor ( 5) McDowell County Office ofEmergency Services (6) McDowell County Volunteer Fire Departments, including, but not

limited to: Anawah, Berwind, Bradshaw, Coalwood-Caretta, Davy, Gary, Iaeger, Keystone, Kimball, McDowell, Northfork, Raysal Roderfield, War and Welch

SECTION 4- EMERGENCY SERVICE PROVIDERS; RESOLUTION OF DISPUTES, HANDLING OF MISDIRECTED CALLS; PUBLICLY ACCESSIBLE TELEPHONE NUMBERS

(a) Every emergency service provider that provides emergency services with the territory of the county will be required to participate in the enhanced emergency telephone system.

(b) The emergency service providers referred to in subsection (a), above, shall be the following:

(1) McDowell County Sheriff'sDepartment (2) West Virginia State Police (3) All municipal police departments ( 4) The McDowell County Ambulance Authority or its designated

contractor · (5) McDowell County Office of Emergency Services ( 6) McDowell County Volunteer Fire Departments, including, but not

limited to: Anawalt, Berwind, Bradshaw, Coalwood-Caretta, Davy,

Gary, Iaeger, Keystone, Kimball, McDowell, Northfork, Raysal Roderfield, War and Welch

(c) In the event of a dispute between the County and one or more emergency service providers, such dispute, upon application to the Public Service Commission of West Virginia by any party to the dispute, may be resolved by order of the Public Service Commission of West Virginia.

(d) In the event a call is misdirected or dispatched to the wrong or inappropriate emergency service provider, the provider receiving the call shall immediately either by radio or phone notify the MCECC personnel of the error so that a correct dispatch can be made.

(e) Each emergency service provider participating in the enhanced emergency telephone system shall maintain a publicly accessible 7-digit telephone number, which shall be appropriately listed in appropriate telephone directories, in addition to any telephone numbers provided in the system.

(f) Each local telephone system shall ensure, through installing a dial-tone-first option, that all coin operated telephones in McDowell County are equipped by the public utility, or the vendor who installs it, to permit a caller to dial911 and initiate calls to the emergency telephone answering point without first having to insert a coin.

ARTICLE III - PROJECTED COSTS

SECTION 5 - COSTS

(a) The Costs of operating the local emergency telephone system are as follows:

A monthly maintenance fee will be charged for as long as the 911 system is in operation. This fee shall be tariffed by the Public Service Commission and be based on each 1,000 local telephone lines operational in the county.

(b) An estimated annual budget for the next five years of operation is attached to this ordinance.

SECTION 6- ADMINISTRATIVE COSTS FOR FEE COLLECTION

(a) An administrative fees as established by tariff will be charged against actual collections of the enhanced emergency telephone system fee each month by the local telephone company. The fee will vary based on actual collections.

ARTICLE IV- CONSUMER FEE

SECTION 7- IMPOSITION OF FEE; ESTABLISHMENT OF SEPARATE ENHANCED 911 FUND; PAYMENT OF COSTS NOT RECOVERED THROUGH FEE

(a) Pursuant to §7-1-3cc of the West Virginia Code, the McDowell County Commission shall impose a fee of290 cents per month per local exchange service line to finance the projected costs of establishing, equipping, furnishing and maintaining the enhanced emergency telephone system. Said fee shall be effective May 1, 2001.

(b) To equalize the rates charged to PBX and Centrex systems, PBX lines will be charged at the rate of$2.90 per line per month and Centrex systems will be charged at the rate of$2.90 per line per month for the first eight lines and at the rate of one eigth of$2.90 per month for all additional lines.

(c) Any individual or individuals exempted from paying normal telephone costs by an approved plan or exemption approved by the Public Service Commission of WV shall be exempt from paying the enhanced 9-1-1 fee.

(d) All fees remitted wtder the above sections are to be deposited in a separate E-9-1-1 fee account.

ARTICLE V- RESOLUTION OF CONFLICTS

SECTION 8- REGULATORY AUTHORITY

(a) In the event of any conflict arising between political subdivisions and the telephone company or companies providing services or among political subdivisions regarding the enhanced emergency telephone system, the West Virginia Public Service Commission shall upon application by any party, resolve such conflict.

(b) Upon adoption, of this ordinance, the terms and conditions of the telecommunications services and facilities provided by the telephone companies will be governed by the applicable tariffs on file with and approved by the Public Service Commission of West Virginia, the rules, regulations and orders of the Public Service Commission and the laws of the State of West Virginia.

(c) The telephone companies that will provide the services and facilities in subsection (b) include but are not limited to:

Citizens Communications Verizon- West Virginia

The War Telephone company

ARTICLE VI- LIMITATION OF LIABILITY

SECTION 9 - PROTECTIONS

(a) Any public agency participating in the enhanced emergency telephone system established in McDowell County, WV, and any officer, agent or employee of such public agency or of the county is not liable for damages in a civil action for injuries, death or loss of persons or property arising from any act or omission , except willful and wanton misconduct, in connection with developing, adopting or approving any final plan or any agreement made pursuant to this ordinance, or otherwise bringing into operation an enhanced emergency telephone system pursuant to this ordinance.

ARTICLE VII .. PROHIBITIONS AND PENALTYS

SECTION 10- MISUSE OF 911

(a) No person may knowingly use 911, the telephone number of the enhanced telephone system in McDowell County, to report an emergency if he or she knows that no such an emergency exists.

(b) No person may disclose or use, for any purpose other that for the enhanced emergency telephone system serving McDowell County, any information contained in the database used for the enhanced telephone system pursuant to this ordinance.

(c) No person may willfully not pay the enhanced 9-1-1 fee charged on his phone bill.

(d) Any person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction shall be fined not less than two hundred dollars nor more than five thousand dollars, or imprisoned in the county jail for not more than one year, or both fined and imprisoned.

ARTICLE VIII- ADOPTION PROCESS

SECTION 11- PUBLIC HEARING

(a) The McDowell County Conunission shall conduct a public hearing regarding the plan outlined in this ordinance to explain the enhanced emergency telephone system and receive comments :from other public officials and interested parties. The public hearing shall commence on .in the Conunission meeting room at the County Conunission building.

(b) Copies of this ordinance shall be available for public inspection in the offices of the County Commission and the County Clerk during normal working hours.

(c) At least thirty (30) days, but no more than sixty (60) days, before the public hearing, the County Commission shall publish a notice in a newspaper of general circulation of the date, purpose and location of the meeting and identifying where a copy of the proposal may be examined.

SECTION 12- ADOPTION

(a) At the conclusion of the public hearing, the McDowell County Commission will make a decision regarding the plan under which the enhanced emergency telephone system will be adopted, taking into consideration all written and oral comments received.

SECTION 13- AMENDMENTS

(a) Any amendment to this ordinance shall be made only after notice of the proposed amendments is given, as provided in Section 17. The only changes exempted from the formal amendment process shall be any rate or tariff adjustment made by the WV Public Service Commission or any agreement made between the County Commission, its agents, any political subdivision or agency covered by this ordinance as it relates to the handling of emergency calls.

I Gordon 0. Lambert, President of the McDowell County Commission, certify that this is a true copy of the ordinance revision passed by the McDowell County Commission after its public hearing on the day of 2001.