SPECIAL CALLED MEETING 11/06/2008 

ITEM 1.                      Roll Call

                                    All Board members present.  Virginia Smelser, 911 Director - present

ITEM 2.                      Recognize Guests

                                    Tim Eads – BTPD, Lynn Questell – TECB Executive Director

ITEM 3.                      Purpose of the called meeting is to discuss policy, procedures and financial responsibilities and obligation of the Emergency Communications District as outlined in Tennessee Code Annotated and the Policies of the Tennessee Emergency Communications Board.

Treasurer, Phil Vinson, welcomed Lynn Questell to the Board meeting and introduced her to the Board members.  Mr. Vinson explained the purpose of this meeting and asked that Mrs. Questell address the Board regarding these matters and answer any questions from the Board.

Mrs. Questell stated that Tennessee is a leader in providing 911 services across the nation and the envy of many other states.  The TECB was created to assist the 911 Districts with technology, operations and financial matters.  She stated part of her job was to go provide help and offer assistance to the 911 Boards.  She thanked the Board members for serving on the local 911 Board and for donating their time for the betterment of the community.

Although, Mrs. Questell is an attorney, she advised the Board that she cannot provide legal advice to anyone that is not a client and the 911 District is not a client.  She stated that she has studied the 911 law for many years, however, and would be happy to provide any explanations on the law itself.

Tennessee has set up the 911 Districts, under law, to be unique structure.   They are separate municipalities and are on equal footing with the county and city governments.  The 911 District is not part of a county or city but a stand alone governmental body with the same rights and responsibilities.  Under current law, when a 911 District is initially created, the governing body of the local municipality can serve as the 911 Board.  However, the Bristol 911 District was created in 1994 and was not set up in the manner.

911 funds are to be used in the operation of the 911 District as defined in Tennessee Code annotated and in the Interlocal Agreement.  Across the state, the 911 Districts operate in many different ways and are not all alike.

Financial distress is defined and explained in the law.  The result of financial distress of a 911 District in Tennessee is that the TECB will take over supervision of the District and can consolidate them with another existing District.  The current administration of the State, Governor Bredesen, supports and strongly encourages consolidation. 

Before 911 came into being, there was already public safety dispatch provided by the local governmental entities and paid from by tax dollars.  The creation of 911 was not intended to cover the costs or to provide dispatching services.    The 911 service charge is not a back door tax to absorb the existing dispatching costs or to displace the costs previously paid with local governmental tax dollars.  Dispatching is not a required 911 function under the law.  TECB Policy 14 addresses raising the 911 service charges and the requirement of the local governmental entities to maintain or increase their contributions.  Under this policy a local governmental entity cannot reduce their contributions toward the funding of 911 and dispatching after an approved service charge rate increase by the 911 District.

Phil Vinson asked Mrs. Questell if the spending of funds to enhance dispatch services was allowed.  He asked if our District could provide funding to upgrade the existing radio system owned by Sullivan County, Kingsport and Bristol.  He explained that the upgrade to the infrastructure is necessary to allow for the addition of radio dispatch positions.  The estimated cost to Bristol for the upgrade is about $39,000 and must happen prior to the purchase and installation of the additional radio dispatch position.  Kingsport and Sullivan County will also have to pay a portion of the upgrade and their 911 District have not been asked to fund the upgrade.  He also stated that if Sullivan County and Kingsport do not provide their part of the funding for the upgrade that the upgrade cannot be done. 

Mrs. Questell stated that under the law, the 911 District can make a choice on their method of operation.  There are three choices available; relay, direct dispatch, or transfer.  The local 911 District can also specify their method in the Interlocal Agreement.  According to the Attorney General’s opinions, if the 911 District chooses the direct dispatch method, 911 funds may be used for dispatch radio equipment.

Mr. Vinson then asked that if we pay for the upgrade, does that obligate this Board to pay for any other radio or dispatch related expenditures. 

Mrs. Questell stated that the local 911 District can choose to pay for any other related expenditures but the law does not require them to do so.  She stated that another condition would be that the purchase or funding of dispatch equipment and expenditures cannot place the 911 District in financial distress.  

Again, Mrs. Questell reiterated that the Governor is against having separate 911 Districts within the same county and is pushing for consolidation.  Up to now, Bristol has had a wonderful system and has never been a concern of the TECB.  There has been flexibility and cooperation between the Bristol 911 District and the City of Bristol.  The 911 District is solely responsible for their financial operations.  If the Bristol 911 District and the City cannot continue to operate as it has in the past, it could result in consolidation with another District. In the last budget meetings with the Governor, Mrs. Questell stated that the Governor was very opposed to the separate Districts and specifically mentioned the three Districts in Sullivan County.

Mr. Vinson stated that the 911 Board has to maintain their financial stability and to continue to meet their current and future obligations, especially in consideration of the upcoming next generation 911.  He stated that no one, including the TECB, knows what kind of financial responsibilities will occur with the next generation 911.  Mr. Vinson stated that if cannot maintain our financial stability, the state will push for our consolidation with another District.

Mrs. Questell stated that no one wants the Bristol 911 District to come under the supervision of the TECB because of finances and problems. 

Chief Wade asked Mrs. Questell to explain the part of the law relating to financial distress.  She referred the members to 7-86-304, page 22, section d1 and d2.  She then explained in detail the meaning of financial distress and how a District can become under the supervision of the TECB.

Chief Wade stated that the Bristol 911 District had committed to the direct dispatch method with the City relationship.  He then asked Mrs. Questell to define the meaning of direct dispatch.  She stated that the 911 answering point receives the call and has direct contact with the responders.  She also stated it was defined in the law.

Jack Hyder asked when the direct dispatch responsibility ends.  Mrs. Questell responded that there is no clear, definition in the law.  She stated that 911 funding could pay a portion but when other entities were involved and using the system, the 911 District might consider talking to the Comptroller’s office for a better explanation.  She stated that not all the Districts operate the same and the Comptroller could better address some of these issues.

Jack Hyder asked if the funding formula could be applied to the upgrade of the radio system. Mr. Vinson said we need to determine what we can do without affecting our other obligations and maintain our financial stability.  He asked that if Kingsport and Sullivan County 911’s are not paying for the upgrade, what is our legality in paying for the upgrade. 

Mrs. Questell stated that the 911 law is very specific and the intent is to keep dispatch and politics out of 911.  The goal is to have serious people in 911 that are concerned with providing 911 service to their communities.  The intent of the law is to have 911 funds used exclusively for 911 service.

Phil Vinson asked if there was any kind of formula or process concerning dispatch funding that would help to keep us in compliance with the law.    Mrs. Questell stated there was no formula but if there were questions to call her office and she would try to help us find the answers.  She stated she really appreciated this Board’s interest and the depth of the questions.  She said it was very refreshing.

Chief Wade stated that 100% purity on expenditures by 911 would be hard to find.  Mrs. Questell said that common sense is important as is compliance with the law. Chief Wade said he wanted a firm ruling on this issue.  Mrs. Questell stated that it could be brought to the TECB, the Comptroller’s office and the Attorney General.  Phil Vinson stated we should get them to make a recommendation.  Mrs. Questell stated that if the Board would send her an email with our questions, she will try and get the answer. 

Chief Wade stated that we have a limited window of opportunity on this upgrade and that the time frame is slipping away.  He stated that the City might pay for the upgrade and then look to the 911 District to reimburse them.   Mrs. Questell stated the TECB meets quarterly.  Phil Vinson stated that the other entities have to agree to their portion of the funding as well. 

Chief Wade asked what happens if the 911 District builds too much money and if the law defines what is too much.  Mrs. Questell said this is addressed in part 112 of the law.  She said that the District must suspend or reduce the service charges.  She explained some previous problems with Districts relating to financial distress but that she was unaware of any that had accumulated too much money.  She said the technology is always changing and the upgrades and the reduction in landlines has kept the District’s from accumulating excess funds.  She asked that the Board keep in mind that new things and upgrades are necessary and that operations of 911 are never static but always needing improvements.

Phil Vinson stated we are unique in that we have at least one year funding in reserve.  Many of the Districts have no reserves.  The Bristol 911 District has assisted in the purchase of lots of things to enhance the 911 and dispatch operations in the amount of $300,000 or more since 1994.    He said this Board can do that as long as it does not hurt our financial standing and doesn’t harm our financial responsibilities. He suggested the Chairman write a letter to Mrs. Questell requesting an opinion from the Comptroller and the Attorney General on expending 911 funds for the upgrade.  He suggested, if time was a problem, that the City purchase the upgrade and then come to the 911 Board for possible reimbursement. 

Mrs. Questell thanked the Board for having the forethought to try and answer these questions before spending the funds. 

Chief Wade asked again about what makes a financially distressed District.  Mrs. Questell said it could be an IRS lien, that one very small District had tried to do a CAD system and borrowed lots of money and then could not pay it back.  The District has a new Director and they are under the supervision of the TECB.  She stated that all purchases over $5000 had to be approved by her directly. 

Mr. Vinson stated that we have a good process and a good formula with our Interlocal Agreement and we are still able to enhance operations overall.  He wants this Board to continue to make sure we are not spending the funding inappropriately.

Mrs. Questell explained the next generation 911 system and how the TECB is working toward rolling out a statewide IP network.  On the November 20, 2008, TECB agenda. The Board will look at an RFP regarding technical consultants to support this route for next generation 911.  This system will allow for redundancy statewide and would eliminate existing problems transferring between Districts with different phone companies.  911 in Tennessee is currently using 30 year old analog, copper wire technology and we are trying to move ahead.  There are already several states that have implemented an IP 911 network.  The TECB has also been collecting monies to assist in paying for this new technology. 

Mrs. Smelser asked Mrs. Questell if she had any recommendations for changes or additions to the financial reports currently being provided to the 911 Board.  Mrs. Questell stated she had reviewed our current reporting methods and found them to be models for others.  She stated they were very professional and that she had no recommendations. 

Mrs. Smelser explained that she has already been talking with the telephone company and CML concerning the upgrades or replacement equipment that would be necessary to support the next generation 911.  She said that in a conversation with Rex Holloway, it was brought up that perhaps with the new CML Patriot controller, Bristol, Kingsport and Sullivan County could look at obtaining this equipment together and sharing it.  This option would provide for redundancy and reduced expense from all the Districts. 

Phil Vinson stated our District is a current leader in the state in training of our personnel.  He stated that we far exceed the current requirements and that personnel complete between 400-1000 hours each year in training. 

Mrs. Smelser stated she will be sending Jane Wilkinson and Mike Callahan to instructor school and that these expenses are reimbursable from the TECB. 

The Board thanked Mrs. Questell for her attendance and for providing this information to the Board. 

Meeting adjourned.

Next regularly scheduled meeting November 19, 2008 @ 3 p.m.