May 18, 2011 Minutes (Final Approved 06/28/11)


May 18, 2011, 8 AM Central Time

Chairman Bleau LaFave opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 1:00 PM, Central Daylight Savings Time, at the Associated Contractors Building, 300 East Capitol Avenue, 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; Dan Kaiser, CenturyLink; Ed Anderson, SD Rural Electric Association; Terry Larson, Heavy Constructors; Legal Counsel:  Kara Semmler;  Executive Director: Larry Janes.  Board Members unavailable were: Doug Larson, Northern Border Pipeline; Eugene Solseth, Hills Septic Service; and Kevin Kouba, Otter Tail Power Co.  Other attendees were: Chris Nelson, Public Utilities Commissioner; Lee Marrs, Texas811; and Ryan Hartley, First District Association of Local Governments.

A motion was made by Kurt Pfeifle and seconded by Fay Jandreau to approve the One Call Notification Board Minutes from the February 16, 2011 One Call Board Meeting.  Motion carried by unanimous vote. 

Ryan Hartley, First District Association of Local Governments, gave a presentation regarding South Dakota One Call mapping.  He mentioned that Texas811 has submitted over 12,000 mapnotes since the first of the year and are in a format which makes inputting them into his system very workable.  This increase is believed to be a one-time situation due to two different mapping databases being used.  Regardless, due to a funding reduction by South Dakota One Call in 2009, First District has had some difficulty in keeping records current.  Mr. Hartley was asked by Board members about accountability of work being completed and invoicing of that work.  Later in the meeting the executive director was asked to renegotiate the contract with First District to bring it in line with the Board’s fiscal year, increase the funding level to $50,000 per year, and to require more detail in the invoices provided by First District.

A financial summary including expenditure details from November 2010 to May 2011and for fiscal year 2011 was reviewed.  Dan Kaiser made a motion to approve.  Todd Chambers seconded.  Motion carried by unanimous vote.

The 2012 Budget was reviewed.  There was some discussion about whether or not the level of contingency funds available is at the appropriate level and at what level these funds would be used.  The executive director was asked to provide a written estimate of the cost of a performance bond.  After further discussion, it was decided to call a Board Meeting to discuss the 2012 Budget and these other issues further.

KorPartners performance results were reviewed.  Speed of Service results are well within requirements with only 38 seconds of average hold time in April; this in spite of the fact that Texas811 has picked up additional work while helping Alabama811 since the loss of their center due to tornado damage.

Incoming call volumes are down from last year.  Outgoing locate tickets remain unchanged from 2010.  Total incoming locate requests have increased from a March 2011 total of 4,335 to 12,437 in April.  These requests resulted in an increase of outbound locate tickets in March of 26,914 to 76,401 in April.  There is still a question in why the Secondary Links numbers have been reduced.  It continues to be looked into by the One Call Center.

The Ticket Search Agenda Item was noted only to mention recent improvements and that enhancements continue to be looked at.

The executive director announced that the South Dakota Attorney General had issued a favorable opinion in the use of federal grant funds.  There had been a question as to whether or not South Dakota One Call could actually spend those grant dollars.  It was also mentioned that $42,927 in federal grant funds has been awarded to South Dakota One Call for 2011.

Kara Semmler reported that a Writ of Execution had been returned unsatisfied, along with a notice regarding bankruptcy in the matter of the complaint against Loewenberg Technologies – OC09-005.

A summary of the 2011 Spring Excavator/Facility Operator Meetings was presented by the executive director.  687 individuals attended these meetings across the state.  This was 170 more people than the previous year.  The topics of the meetings were discussed, along with suggested ideas for the meetings in 2012.

Over the last several months Bleau LaFave, Dan Kaiser, Erin Hayes, Kevin Kouba, Todd Chambers, Kara Semmler, and Larry Janes have worked to  develop a South Dakota One Call Board Policy document.  Bleau LaFave conducted a page by page review of the document, which he described as continually evolving.  Several changes were suggested, and the committee agreed to meet again to review these changes.

Kurt Pfeifle made a motion to move into Executive Session to consider an extension of the executive director contract.  Ed Anderson seconded.  At 11:47 AM, Central Daylight Savings Time everyone, except the Board left the room.  At 12:04 PM, the Board reconvened.  Ed Anderson made a motion to extend the executive director contract from August 1, 2011 to July, 31, 2012 at the rate of $5,125 per month, with expenses not to exceed a value of $200,000, and to give Bleau LaFave authority to execute the contract.  Dan Kaiser seconded the motion.  Motion carried by unanimous vote.

The Board had issued Orders at its February 16, 2011 meeting to Scott Olson Digging, Inc for violations of South Dakota One Call laws in Complaints by NorthWestern Energy; OC10-006OC10-007OC10-008, Robert Kohl Construction in the matter of Complaint OC10-009 brought by Otter Tail Power Company, and in the matter of Complaint OC10-010 brought by Watertown Municipal Utilities against Stromseth Construction.  None of these non-compliant parties had responded to the Order by making payment to South Dakota One Call.  Dan Kaiser made a motion to request the Public Utilities Commission to bring an action against these parties.  Terry Larson seconded.  Bleau LaFave and Todd Chambers abstained from the discussion and vote.  Motion carried by unanimous vote.  Because of the unusual number of actions to be taken by the Commission Kara Semmler requested that the executive director attend the next Public Utilities Commission meeting on May 31st .  Subsequent to this One Call Board meeting, Stromseth construction did make the required payment, thereby eliminating the need to take action against them by the Commission.

Complaint OC07-006 – In the Matter of the Complaint filed by One Call Systems, Inc. against D&D Trailer Park aka S.P.O.T., DeSmet, South Dakota and Complaint OC09-002 – In the Matter of the Complaint filed by Larry Englerth, Sioux Falls, South Dakota, against Mark Seifkes dba S.P.O.T., DeSmet, South Dakota, along with the subsequent civil dockets were discussed.  Mark Seifkes has refused to join South Dakota One Call and has refused to answer the complaints by making the required penalty payments.  Default Judgments were obtained for both in the Kingsbury County Circuit Court.  An execution on the judgments was attempted by the Kingsbury County Sheriff, but the respondent refused to accept service.  Kara Semmler mentioned that the goal is to get Mr. Seifkes to comply with the law.  DCI has agreed to work with Mr. Seifkes.  The Board was asked if an alternate route could be considered to obtain compliance and if it would consider suspending collection activity.  After further discussion, Dan Kaiser made a motion to suspend collection activity against Mark Seifkes.  Bleau LaFave seconded the motion.  Motion carried by unanimous vote.

Lee Marrs, Texas811, brought up a concern about the language regarding statutory start time vs. an excavator’s stated start time on a locate request.  His concern is that if an excavator gives a start time that is less than 2 hours during normal business hours or 4 hours, after hours, weekends, and holidays as required by Administrative Rule 20:25:03:10, but the start time on the ticket reflects the 2 or 4 hours as required, there could be a question of who is correct if a dispute arises.   Kara Semmler mentioned the Board may discuss this, but may not make a binding decision outside a legally noticed proceeding.  Mr. Marrs stated that Texas811 has incorporated the rules as given to him, but he is now requesting the Board to place in writing how it would like this to be handled.  The Board will consider how best to address this with Mr. Marrs.

Bleau LaFave, previous to this meeting, had decided to step down as the Board Chairman, but to remain on the Board.  The executive director presented the following recommendations for election of officers to the Board:  Kurt Pfeifle to be elected as Chairman.  Erin Hayes to be elected as Vice Chairman.  There were

no additional nominees.  Ed Anderson made a motion to accept the recommendation to elect Kurt Pfeifle as Board Chairman and Erin Hayes as Vice Chairman.  Todd Chambers seconded the motion.  Motion carried by unanimous vote.

Being no further business Ed Anderson made a motion to adjourn the meeting.  Erin Hayes seconded.  Motion carried by unanimous vote.

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