MINUTES September 29, 2010

September 29, 2010

Chairman Bleau LaFave opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 8:00 AM, Central Daylight Savings Time, at the AmericInn, Ft. Pierre, SD.

Board Members in attendance: Bleau LaFave, Northwestern Energy, Chairman; Kurt Pfeifle, Mid-Dakota Rural Water System, Vice Chairman; Erin Hayes, Midcontinent Communications; Fay Jandreau, Midstate Communications; Todd Chambers, Watertown Municipal Utilities; Ed Anderson, SD Rural Electric Association; Doug Larson, Northern Border Pipeline; Dan Kaiser, Qwest; Terry Larson, Heavy Constructors; Legal Counsel:  Kara Semmler;  Executive Director: Larry Janes. Board Members Unavailable were:  Kevin Kouba, Otter Tail Power Co;  Eugene Solseth, Hills Septic Service. Also in attendance were Jeffrey Mehlhaff, SD Municipal Electric Association/SD Municipal League; George Vansco, SD Rural Water; Margo Northrup, SD Rural Water; Bob Riter, SD Rural Water; and via conference call, Dennis Davis, SD Rural Water.

Chairman LaFave welcomed Fay Jandreau from Midstate Communication to the Board. He was appointed by Governor Rounds to replace Jerry Schroeder.

A motion was made by Ed Anderson and seconded by Dan Kaiser to approve the meeting agenda. Motion carried by unanimous vote.

OC10-002 Petition for Declaratory Ruling by the South Dakota Association of Rural Water Systems was introduced by Kara Semmler, Legal Counsel to the South Dakota One Call Board. Margo Northrup presented testimony and exhibits relative to the position. The two questions to be considered were:

  1. Regardless of depth of an underground facility, is it a violation of SDCL 49-7A-8 to bury an underground facility within eighteen inches horizontally on either side from the markings of another underground facility if hand tools or other noninvasive tools are not used?
  2. Do South Dakota statues and administrative rules allow rural water systems to mark the outside edge of the pipe and mark with spray paint or flags the center of the pipe in order to ensure an excavator maintains a minimum horizontal clearance of eighteen inches from the markings on both sides of the outside edge?

There was no opposing testimony in regards to the Petition for Declaratory Ruling. After careful consideration of the testimony presented, The Board answered both questions in the affirmative.

A motion was made by Doug Larson and seconded by Dan Kaiser to approve the One Call Notification Board Minutes from the September 20, 2010 Board Call Meeting. Motion carried by unanimous vote.

A Financial Summary including itemized expenditures for the period of July 2010 through August 2010 was reviewed. A motion to approve the Report was made by Dan Kaiser and seconded by Doug Larson. Motion carried by unanimous vote.

Call volume trends were discussed with questions centering on the new GeoRemote and E-Ticket Systems.

Discussion was held regarding the recent operational visit to Texas811by Bleau LaFave, Erin Hayes, Dan Kaiser, and Larry Janes. Comments made were very positive. Participants expressed their views on the professionalism and willingness to offer a good product to SD One call which was exhibited by all those encountered in the new center.

Jeff Law, Vice President, KorTerra and Brad Johnson, Sales Executive, KorTerra each thanked the Board for signing the contract with Korterra. They explained the relationship between KorTerra and Texas811 and gave a presentation explaining KorWeb and its capabilities. After Ed Anderson asked about the possibility of a webinar for training members of SD One Call, a discussion was held on the best way to proceed and timing of this.

It was mentioned that the current contract between The Board and KorTerra is a 30 day contract, and the final contract would be completed and signed shortly.

Ed Anderson made a motion to accept the payment by Zwak Construction and officially close OC10-001, Northern Natural Gas vs. Zwak Construction. Dan Kaiser seconded. Motion carried by unanimous vote.

Ed Anderson made a motion to accept the recommendation of the Enforcement Committee to officially close OC10-003, Northern Natural Gas vs. Coastal Technical Service, which Northern Natural Gas had requested to be dismissed. Dan Kaiser seconded. Motion carried by unanimous vote.

The Executive Director and the Board discussed requesting an Attorney General Opinion on 49-7A-2 to determine if the Board can continue to apply for and receive grant funds to operate the SD One Call System.

Kurt Pfeiffle made a motion to pursue this request with the Office of the Attorney General. Terry Larson seconded. Motion carried by unanimous vote.  

The Executive Director requested an amendment to Item # 7 in the Executive Director Contract regarding the Commercial General Liability Insurance stating that “insurance may not be canceled, except on 30 days’ prior written notice to the Board. The amendment would change that requirement to 10 days prior written notice.

Dan Kaiser made a motion to accept the change. Kurt Pfeiffle seconded. Motion carried by unanimous vote.

Executive Director Report Items:

OC09-002 – collection action against Mark Seifkes, dba S.P.O.T. is proceeding.

OC09-008 – SDN vs. Sharpe Enterprises. Both sides have settled. Once we receive the final disposition the Board will be able to close this docket.

–Shortly after the recent conversion to the new center, the center received an abusive call from the owner of a landscape business in South Dakota. After listening to the recording of the call, the Executive Director called the owner and advised him that he personally was no longer allowed to call in to the center to request locates. The Board may reconsider this action if it receives a letter of apology from the business owner. These comments to the business owner were followed up in a letter to him re-stating the facts.

–The Legislative Breakfast has been pre-scheduled for February 17, 2011 based on approval from the Board. Kurt Pfeiffle made a motion to hold the breakfast. Erin Hayes seconded. Motion carried by unanimous vote.

–The CGA conference will be held March 8 – 10, 2011 in Orlando Florida. More information will be provided at a later date.

–The financial situation with One Call Systems was discussed, at which time Timothy Engel from May, Adams, Gerdes, and Thompson LLP was introduced by Kara Semmler. Mr. Engel discussed options the Board has in pursuing One Call funds possibly held by OCS and Huntington National Bank.

Being no further business Kurt Pfeifle made a motion to adjourn. Todd Chambers seconded the motion. Motion carried by unanimous vote.

Materials presented at this meeting are available by contacting the Executive Director in writing at exedir@sdonecall.com or by calling (605) 339-0529.