Sept. 30, 2009, Minutes

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
September 30, 2009 

Chairman Bleau LaFave called the South Dakota One Call Notification Board meeting to order at 8:00 AM in Room 413, 4th Floor of the State Capitol Building in Pierre, SD.

All Board Members were in attendance: Ed Anderson, Bleau LaFave, Kurt Pfeifle, Todd Chambers, Erin Hayes, Dan Kaiser, Gene Solseth, Kevin Kouba, Terry Larson, Jerry Schroeder and Doug Larson.  Also in attendance: Kara Semmler, Legal Counsel, Larry Englerth, Executive Director Support (teleconference), Larry Janes, Executive Director to the South Dakota One Call Board and Doug Wudel of ELM Locating.

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

A motion was made by Kevin Kouba and seconded by Doug Larson to approve the minutes from the Board meeting on July 23, 2009.  Motion Carried by unanimous vote

The Financial Report for July and August 2009, including itemized expenditures for the months of July and August were reviewed. A motion was made by Kurt Pfeifle and seconded by Jerry Schroeder to approve the financial report as submitted. Motion Carried by unanimous vote.   Call volume levels for calendar year 2009 continue to reflect a decrease in locate requests, but revenues are approximately the same as 2008 due to the base ticket increase on January 1, 2009.

The following operational items were discussed:

  1. Center performance results through August 2009 were reviewed. All results for this period reflected that contract levels had been met.
  2. F M on the Web (Web based process for initial and updating of member database information).  The Executive director advised the Board that the issues identified with this process have been limited to user computer and/or internet connection problems.
  3. IBIS (Process for ticket generation).  No problems have surfaced with this process.

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

  1. Board discussed whether to maintain the 605-339-0529 telephone number which has been used for the past ten years by the previous executive director and cannot be transferred as a landline from Sioux Falls to Rapid City.  Research indicated that this number could be transferred to a cellular phone which would maintain the primary contact number for the executive director.  A motion was made by Jerry Schroeder and seconded by Gene Solseth to have the Executive Director obtain a cell phone.  Motion carried by unanimous vote.
  2. Kara Semmler discussed OC05-005 — the status of action pending against Vince Finkhouse dba Eagle Excavating.  Default Judgment has been rendered against Vince Finkhouse dba Eagle Excavating.  Collection of said judgment is, however, incomplete.  After investigation through the discovery process, it appears neither assets nor garnishable wages exist.  A motion was made by Dan Kaiser and seconded by Kevin Kouba to dismiss the docket without prejudice.  The docket could be reopened to pursue collection at a future date.
  3. Regarding the status of action pending against Mark Seifkes dba S.P.O.T. OC09-002 — comments from the Kingsbury County Sheriff indicated that Mr. Seifkes was no longer in residence at this property and that Mrs. Seifkes was still present.   A motion was made by Ed Anderson and seconded by Doug Larson to leave the docket open and not pursue judgment at this time.  Motion Carried by unanimous vote.  The Executive Director will contact the City of DeSmet to determine if they will consider a previous offer to respond to locate requests for the underground sewer line from this property along Highway 14 to a connection point with the City of DeSmet if liability issues can be resolved between the parties.  If they agreed, the Executive Director will then contact Mrs. Seifkes and determine is she will attempt to  reach an agreement with the City of DeSmet.
  4. A motion was made by Kurt Pfeifle and seconded by Erin Hayes to schedule the Legislative Breakfast during the first two weeks of February.  Motion Carried by unanimous vote.  Executive Director will schedule and advise the Board of the dates.
  5. The Executive Director made mention that Iowa Rural Water plans to introduce mandatory white lining.  Another item of interest is that Florida graffiti laws are being utilized to include facility marking and require the removal of these marks at the completion of the excavation activity
  6. Discussion was held regarding the South Dakota Centralized Mapping Proposal.  Questions and comments centered on implementation and maintenance costs.  Ed Anderson made a motion that Larry Englerth and Larry Janes identify stakeholders and send a letter with the intent of the proposal with a response date of mid-December.   Gene Solseth Seconded.  Motion Carried by unanimous vote.
  7. Discussion was held regarding potential changes in Chapter 49-7A.
    1. Modifications to 49-7A-1 Definitions.
      1. 49-7A-1 Montana Dakota Utilities has requested the Board modify the Definitions to limit this exemption in 3b and 3d to governmental operated highway and road departments.  Board requested that additional information be gathered from MDU (Jim Mann) on this issue.
      2. 49-7A-1 Northwestern Energy has requested the Board to consider modifying the exemptions to include “bar hole surveying” which is the action required by a gas utility when they suspect the possibility of a natural gas leak.  This request is based on the fact that notifying One Call and delaying action until other utilities respond to an Emergency locate request may increase the risk to the public.

Kurt Pfeifle made a motion to obtain additional information from the gas utilities regarding this issue prior to any decision being rendered.  Dan Kaiser seconded. Motion carried by unanimous vote.

    1. 49-7A-10 Liability for damage to underground facility.  Todd Chambers previously requested the Board consider language from the Minnesota statute that limited the liability of facility operators when they located privately owned and/or abandoned facilities.  It was decided by consensus that this should not be pursued.
    2. Executive director and legal counsel suggested modification of 49-7A-28 to allow the Board to reduce the cost and expedite the process of collecting unpaid penalty amounts.  Wording would be similar to the current statute used by the Public Utilities Commission and would require the Commissions approval before any legal action could proceed.  Discussion indicated that this may be considered if the statute is opened up by the Board or other parties.

Executive Director will pursue additional information on these items and schedule Board meeting via conference call to determine a final course of action.

  1.  Kara Semmler explained the Legislative Rules Hearing Process.  At that time Chairman LaFave suspended the South Dakota One Call Board until after the Hearing.

The Board reconvened.  It was agreed the Rules would be discussed and voted on item by item.  Kara Semmler, Legal Counsel led this discussion.

  1. 20:25:01:01 Definitions.  Board discussion centered on the change of the word own to operate in the definition of the word Respond in item 10.  Motion was made by Kevin Kouba and seconded by Doug Larson to approve this section with LRC recommended changes and authorize legal counsel to remove an unnecessary language resulting from previous changes.    Motion Carried, with three dissenting votes.
  2. 20:25:02:06  Election of Officers.  No Board discussion, Motion was made by Jerry Schroeder and seconded by Dan Kaiser to approve this section with LRC recommended changes.  Motion Carried by unanimous vote.  
  3. Chapter 20:25:03:10.02  Procedures for excavation near high profile underground facilities.  No Board discussion, Motion was made by Erin Hayes and seconded by Doug Larson to approve this section with LRC recommended changes.  Motion Carried by unanimous vote.
  4. 20:25:03:01  Operator Participation.  (1). Limited discussion occurred relative to the LRC recommended wording change which did not accurately reflect the needed requirements.  The Board desires that each facility operator be required to separate their high profile underground facilities from their other facilities. A motion was made by Dan Kaiser and seconded by Erin Hayes to approve this section and authorize Kara Semmler to modify the language regarding the “separate data base” issue and discuss with the LRC if needed.  Motion Carried by unanimous vote.
  5. 20:25:03:05.04  Operator responsibilities when marking underground facilities.  (4). Board discussion centered on whether this option was better included in the administrative rules or left to the parties involved to resolve in an informal manner.  Motion was made by Terry Larson and seconded by Doug Larson to approve this section with LRC recommended changes.  Motion carried with two dissenting votes.
  6. 20:25:03:07 Requirements for operation of a one-call notification center. (3). No Board discussion, Motion was made by Erin Hayes and seconded by Kurt Pfeifle to approve this section with LRC recommended changes.  Motion carried by unanimous vote.
  7. 20:25:03:10.02  Procedures for excavation near high profile underground facilities.  No Board discussion, Motion was made by Terry Larson and seconded by Kevin Pfeifle to approve this section with LRC recommended changes.  Motion carried by unanimous vote.

One Call Systems filed a written comment on September 17, 2009 requesting an implementation date of March 1, 2010 in order to complete programming and testing during the slow season to insure that the new High Profile Facility process be implemented effectively.  Motion was made by Kevin Kouba to make the high profile facilities rules effective on 5/01/2010.  Dan Kaiser seconded.  Motion carried by unanimous vote.

There being no further business a motion was made by Todd Chambers to adjourn. Seconded by Jerry Schroeder.   Motion carried by unanimous vote.