Dec. 1, 2009, Minutes

December 1, 2009 

Chairman Bleau LaFave called the South Dakota One Call Notification Board meeting to order at 9:00 AM Central Time, 8:00 Mountain Time.  The meeting was held via Conference Call.

All Board Members were in attendance: Bleau Lafave, Northwestern Energy, Chairman; Kurt Pfeifle, Mid-Dakota Rural Water Systems, Vice-Chairman; Erin Hayes, Midcontinent Communications; Jerry Schroeder, Golden West Telecommunications; Todd Chambers, Watertown Municipal Utilities; Kevin Kouba, Otter Tail Power Company; Ed Anderson, South Dakota Rural Electric Association; Doug Larson, Northern Border Pipeline; Dan Kaiser, Qwest Communications; Eugene Solseth, Hills Septic Service; Terry Larson, Heavy Constructors;  Legal Counsel, Kara Semmler; Executive Director Support, Larry Englerth; Executive Director, Larry Janes.

A motion was made by Todd Chambers and seconded by Kurt Pfeifle to approve the Meeting Agenda.  Motion Carried by unanimous vote

A motion was made by Ed Anderson and seconded by Doug Larson to approve the minutes from the Board meeting on September 30, 2009.  Motion Carried by unanimous vote

The Board had discussion on the following Executive Director Report Items:

    1. Call Volume Trends
      1. Ticket volumes are down 11% Year to Date.
      2. IBIS electronic ticketing is holding firm at 31%.


    1.   The Financial Report for September and October 2009, were reviewed verbally.  These reports had just
      come in, and a more detailed financial report will be provided at the January Board Meeting.


    1. Phone number 605-339-0529 is now currently operational as a ported number to a cell phone. This will
      allow this number to be the permanent contact number for the administration of the South Dakota One
      Call Board.


    1. It was reported that the legal action against Mark Seiflkes, OC09-002, is still open.  The Executive Director is
      actively working with the City of De Smet through Randy Asleson, Superintendent of Water and Wastewater
      and the De Smet City Attorney toward a mutual resolution for this issue.


    1. The Board was given an update on the Legislative Breakfast for January 21, 2010.  Additional information
      will be provided at a later date.


    1. A status of the Legislative Rules Hearing held on November was provided.  The Rules were passed as
      presented with the understanding that telephone companies are required to register High Profile facilities.
      It was noted that this interpretation was not the Board’s intent, and that legal counsel will review language
      for future changes.


    1. Potential legislation
      1)  The Board had requested additional information from MDU regarding modifications to 49-7A in respect
      to limiting the exemptions in 49-7A-1, 3b and 3d to governmental operated highway and road
      departments.  Board Member, Terry Larson and the Executive Director met with Jim Mann from MDU to
      discuss this issue and the issue of bar hole surveying when there is a suspicion of a natural gas leak by
      natural gas companies.  The Board recommendation is to not proceed with legislative action.  It is
      anticipated that the gas industry will introduce language to exempt bar holing from the notification
      requirement.2)  The Centralized Mapping Proposal has been sent to several stakeholders identified as having a potential
      interest, including the Municipal League, South Dakota Department of Transportation, BIT, PUC,
      Association of Counties, and the South Dakota Planning Districts.  These agencies as well as 9-1-1 have
      expressed interest in the proposal and has scheduled a meeting for December 15th in Pierre.  As part of
      this discussion, it was mentioned that the Letter of Agreement with First District had been extended
      from December 1st to December 31, 2009, to allow time to consider the contract cap for 2010.  Todd
      Chambers made a Motion to cap the contract with First District for 2010 at $30,000.  Erin Hayes
      seconded.  Motion Carried by unanimous vote.

      3)  Modification of the collection process to simplify this effort by matching that of the Public Utilities
      Commission was discussed.  This could be attached as an amendment to legislation the gas industry  may
      introduce in the legislature.  Kara Semmler, Staff Attorney, will research the issue and draft language for
      such an amendment.


    1. Consulting contract Modifications
      1)  Reimbursement for Personal Expense Associated with Services Rendered in Exhibit A; Approval by email
      vote by Board for Larry Englerth 8 in favor with 3 no responses.2) Reimbursement for Personal Expense Associated with Exhibit A of the Executive Director Contract
      covering lodging expenses and partial prepayment requirements for some purchases was discussed.;
      Action on this issue was deferred to the January meeting at which time a formal request will be
      presented by the executive director.


  1. Discussion was held regarding OC09-007, SDN vs. Larry’s Electric, and OC09-008, SDN vs. Sharpe Enterprises.
    The SDN attorney, Bill Heaston, has rejected the Enforcement Committee resolution and has requested a
    hearing.  Bill Heaston will be contacted by the executive director and/or legal counsel to discuss legal issues
    associated with the request for hearing.

Being no further business, Meeting Adjourned.