July 23, 2009, Minutes

South Dakota One Call Notification Board Meeting
July 23, 2009 

Chairman Bleau LaFave called the South Dakota One Call Notification Board meeting to order at 8:00 AM in the Conference Room A at the Associated General Contractors Building, 300 East Capitol Ave, in Pierre, SD.

Board Members in attendance forming a quorum: Ed Anderson, Bleau LaFave, Kurt Pfeifle, Todd Chambers, Erin Hayes, Dan Kaiser, Gene Solseth & Kevin Kouba. Board members absent: Terry Larson, Jerry Schroeder and Doug Larson. Also in attendance: Larry Englerth, Executive Director to the South Dakota One Call Board, Larry Janes, future executive Director and Dave Hausmann of the SDDOT.

Chairman LaFave welcomed Dan Kaiser from Qwest Communications to the Board. He was appointed by Governor Rounds to replace Paul Lowe.

A motion was made by Kevin Kouba and seconded by Erin Hayes to approve meeting agenda. Motion Carried by unanimous vote

A motion was made by Kurt Pfeifle and seconded by Todd Chambers to approve the minutes from the Board meeting on May 28th, 2009. Motion Carried by unanimous vote

Financial Report for the fiscal year ending June 30, 2009, including itemized expenditures for the month of June was reviewed. Executive Director advised the Board that some modifications were made in June revenues to reflect 2008 OPS Grant, 2009 OPS Grant, April OCS wire transfer and Geppert Construction penalty payment (OC08-007). A motion was made by Gene Solseth and seconded by Kurt Pfeifle to approve the financial report as submitted. Motion Carried by unanimous vote
Call volume levels for calendar year 2009 reflect a slight decrease in locate request with continued improvement in reducing the associated outgoing transmission ratio.

The following operational items were discussed:

  1. Center performance results through June 09 were reviewed. All results for this period reflected that contract levels had been met. Performance results tracking were updated to reflect target levels that will be effective with the 2010 contract.
  2. The Board reviewed the deployment of technology – F M on the Web (Web based process for initial and updating of member database information).
    1. Executive director advised the Board that the implementation process for FM on the web was proceeding with all new members being converted as they request database updates. There were some minor problems with a rural water company’s ability to use the system which is being researched by the staff of OCS. After this is resolved, the inclusion of new members will commence again.
    2.  There was a map update to the desktop version of FM sent to all FM users which caused some confusion. No new map updates will be sent to FM users in the future.
  3. There was an occurrence during the previous month when the transmission of electronic tickets was delayed due to an equipment failure. Outbound electronic tickets were held to allow Emergency tickets to flow through on a regular basis. Problem was corrected late the same day and the system has operated efficiently since that time. OCS will be implementing a redundant system in the Iowa Center so that should the problem occur in the future, ticket transmission could be routed through the Iowa Center.
  4. OCS has updated the system to restructure the locate request and ticket format to remove the “duration of excavation” question that excavators brought forth during the 2009 Excavator meetings. The CSR will no longer request the excavator to provide the duration of excavation and the electronic systems are being updated to do the same. All tickets transmitted will carry 21 days in the duration of excavation field. This field will be eliminated in the future when additional changes in the ticket format are required.

The following items were presented to the Board for discussion and approval:

  1. A motion was made by Todd Chambers and seconded by Kurt Pfeifle to approve Complaint Docket OC09-002against Mark Seifkes dba S.P.O.T. Motion Carried by unanimous vote

Kara Semmler will seek approval of the Public Utilities Commission to take collection action on this docket.

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

  1. The Board was provided a status report on legal action pursued against Vince Finkhouse dba Eagle Excavating relative to Complaint Docket OC05-005. Default Judgment has been entered by Pennington County Circuit Court. Discovery papers have been served on Mr. Finkhouse in an attempt to identify assets.
  2. Executive Director provided a draft request for an Attorney General opinion on whether railroad facilities in the public right of way are required to be identified in the South Dakota One Call System. A motion was made by Dan Kaiser and seconded by Erin Hayes directing the Executive Director to proceed with the request for an Attorney General Opinion. Motion Carried by unanimous vote
  3. Executive Director provided a final draft of proposed rules as requested by the Board at the previous meeting. After discussion there were three sections discussed for modification.
    1. In 20:25:01:01 Definitions, there was discussion on the definitions of High Consequence Area and High Population Area. A motion was made by Kevin Kouba and seconded by Gene Solseth to allow legal counsel to work with Bleau LaFave to resolve the wording prior to submission to the LRC. Motion Carried by unanimous vote
    2.  In 20:25:01:01 Definitions, the Executive Director noted that in the definition of the word “Respond” we had previously used the word “own.” In the statute and the previous Attorney General Opinion the word “operate” was used and changing the word would make these consistent. A motion was made by Kurt Pfeifle and seconded by Ed Anderson to change the word “own” to “operate” in the rules submitted to the LRC. Motion Carried with two dissenting vote
    3. In 20:25:03:05:04 the draft rules allow an excavator to request a positive response from the facility operator when tickets are cleared without making a field visit. The excavator would be required to provide three methods (telephone number, fax number, and email address) for the clear notice to be provided. After significant discussion, a motion was made by Gene Solseth and seconded by Bleau LaFave leave this section in the rules submitted to the LRC. Motion Carried with three dissenting vote
    4. Board considered September 30 or October 1 for the formal rules hearing. Executive Director will coordinate the actual date with Board members. Date must be established prior to submitting the proposed rules to the LRC.
  4. Executive Director provided an overview of requests received from member companies for legislative changes:
    1. In 49-7A-1 Definitions…under 3) Excavation…limit the exemption for items b & d to governmental entities (Municipalities, Townships, Counties, and State).
    2. In 49-7A-1 Definitions: add an exemption for bar hole surveying in response to a suspected gas leak.
    3. Insert wording in the liability section that would exempt the facility operator from liability if they provided marking or information in good faith regarding abandoned, out-of-service, or private or customer-owned underground facilities
    4. Add a section that would allow the Board to go through the PUC and seek an order to collect funds. If an order is issued, a failure to respond the Board could seek a violation as contempt.
    5. Consider requesting the Legislature to establish a Task Force to research the ability to create a central map repository. At the current time map information is completed by various governmental agencies but is not assembled in a centralized location that would be accessible by approved entities.

Board members will review these proposal with their constituencies and discussion of these items will be included in the next Board meeting agenda.

A motion was made by Kevin Kouba and seconded by Erin Hayes that the meeting be adjourned. Motion Carried by unanimous vote