February 16, 2011 Minutes (Final Approved 05/18/11)

FINAL/APPROVED MINUTES

SOUTH DAKOTA ONE CALL
NOTIFICATION BOARD CONFERENCE CALL
February 16, 2011, 1 p.m. Central Time

Chairman Bleau LaFave opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 1 p.m., 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, Qwest; Terry Larson, Heavy Constructors; Eugene Solseth, Hills Septic Service; Legal Counsel:  Kara Semmler;  Executive Director: Larry Janes.

Board Members Unavailable were: Doug Larson, Northern Border Pipeline; Ed Anderson, SD Rural Electric Association; and Kevin Kouba, Otter Tail Power Co.  Other attendees were: Dennis Davis, South Dakota Association of Rural Water; Margo Northrup, SDARW Legal Counsel; Mike Losawyer, Texas811; and Brad Johnson, Korterra/KorPartners.

A motion was made by Kurt Pfeifle and seconded by Bleau LaFave to approve the One Call Notification Board Minutes from the November 5, 2010, 8 a.m. One Call Board Meeting.  Motion carried by unanimous vote.

Todd Chambers suggested a change in wording from (“by” the SD One Call Board) to (“of” the SD One Call Board) in the following sentence of the November 5, 2010, 10:30 One Call Board Meeting:  The sentence now reads, “Commissioner Kolbeck mentioned that the Commission has reconsidered their suggestion of reorganization change “of” the SD One Call Board”.  Kurt Pfeifle made a motion to accept the change and approve the minutes from the One Call Board Meeting of November 5, 2010, 10:30 AM.  Erin Hayes seconded the motion.  Motion carried by unanimous vote.

A motion was made by Erin Hayes and seconded by Terry Larson to approve the One Call Notification Board minutes of the November 16, 2010 Conference Call.  Motion carried by unanimous vote.

Dennis Davis, South Dakota Association of Rural Water, brought up the challenge for rural water lines when multiple facilities in an area create a congested right-of-way.  He requested input about creating a task force to look into how best to handle this.  Dan Kaiser suggested that this is not a function of the One Call Board.  Erin Hayes suggested that this would be more of a city or county issue.  Mr. Davis mentioned that this has been attempted, but with little or no success.  Mr. Davis went on to mention that he is not looking for the One Call Board to do anything legislatively, but is looking to the Board members as facility operator resources for future discussions.  He requested the names and contact information of Board members.  (The executive director complied with this request subsequent to this meeting).

Fay Jandreau began a discussion about the responsibility of locating drain tile in public right-of way.  Generally, the discussion was that drain tile is a facility and those owning drain tile in public right-of-way should be members of SD One Call.  It was decided, however, that for a formal decision to be made either a Complaint or a Petition for a Declaratory Ruling should be filed.

The executive director stated that the financial summary with expenditure details was incomplete and will be made available in the next two weeks.

The receipt of funds owed by One Call Systems was discussed.  It was mentioned that the SD One Call Board made the decision in 2000 to become self-insured.  Since that time the cost of a performance bond would have cost the South Dakota One Call Board in excess of four hundred thousand dollars as compared to the loss incurred by the financial failing of One Call Systems.

Call volume trends were reviewed.  The executive director was asked to check if secondary tickets are being included in the outgoing locate ticket totals.  He will verify this and report at the next Board meeting.

Mike Losawyer, Vice-President, Texas 811, provided an update to the Board on center operations.  He stated that at the time of the conversion to KorPartners there were 73 customer service reps to receive locate requests.  There are currently 134 csr’s, and that number will increase to 160 csr’s by the end of March.  Thirteen of those csr’s have been hired from the Pittsburgh center, along with the former center manager, Judy Corr.  He also discussed that Texas811 has worked with Ryan Hartley from First District of Local Governments in Watertown on mapping issues.  He stated that South Dakota is in a very enviable situation by having current mapping, something that not every state has.

Brad Johnson, Sales Executive, KorTerra/KorPartners, discussed a webinar which was held the previous day in South Dakota to cover Korweb services provided by KorTerra.  Attendance was good.  Ticket Search was discussed.  It now has a new look and the search window has been expanded to 30 days.  The question of the need to only look at one’s own tickets was also brought up.  The consensus of the Board for now is that confidentiality in researching tickets through Ticket Search is not necessary, but may be revisited at a future date.

Kara Semmler discussed OC09-002, Complaint against Mark Seifkes dba S.P.O.T.  A Judgment Execution has been issued, and the sheriff has 30 days left in the collection process.

Kara Semmler discussed OC09-005, complaint against Loewenberg Technologies.  A Writ of Execution has been issued in this case.  There are additional legal documents that will need to be filed.

The executive director gave a brief synopsis of the Board Policy Review.  There have been several conference calls, with Bleau LaFave, Todd Chambers, Erin Hayes, Dan Kaiser, and Kevin Kouba, along with Kara Semmler and the executive director, to discuss current policy and potential changes to these policies.  Because this is still in process, this will be discussed in more detail at the next Board meeting.

The spring excavator/facility operator meeting schedule was discussed.  Thirteen meetings have been scheduled for 2011 with the addition of Mobridge, which is usually held every other year, and Rapid City, which has not had a spring meeting for several years.  Hot Springs and Custer are utility sponsored and the schedule for those two areas is not yet available.

ENFORCEMENT/VOTING ITEMS  

  1. OC09-001     Complaint against Arden Lemke dba Lemke Digging and Geo Thermo Drilling – On January 21, 2011 the Complainant filed a letter with SD One Call requesting this docket be dismissed.  The question for Board decision was “shall the One Call Board Dismiss and Close this docket?”  Dan Kaiser made a   motion to dismiss and close this docket.  Kurt Pfeifle seconded.  Motion carried by unanimous vote.
  2. OC09-008     Complaint against Sharpe Enterprises – The Enforcement Panel met and made a
    recommendation to the Board regarding final disposition of the docket.  A hearing was requested
    and the Board was subsequently advised by both parties that the issues have been resolved.
    The question for Board decision was “shall the One Call Board Dismiss and Close the Docket?”  Kurt Pfeifle made a motion to dismiss and close this docket.  Erin Hayes seconded.  Motion carried by unanimous vote.
  3. OC10-005     Complaint against Rexwinkle Concrete – The Enforcement Panel met and made a recommendation to the Board regarding final disposition of the docket.  The question for Board decision was “shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the docket?”  Dan Kaiser made a motion to accept the recommendation of the Enforcement Panel and close this docket.  Kurt Pfeifle seconded.  Motion carried by unanimous vote.
  4. OC10-006     Complaint against Scott Olson Digging, Inc. – The Enforcement Panel met and made a recommendation to the Board regarding final disposition of the docket.  The question for Board decision was “shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the docket?”  Todd Chambers made a motion to accept the recommendation of the Enforcement Panel and close the docket. Erin Hayes seconded.  Motion carried by unanimous vote.
  5. OC10-007     Complaint against Scott Olson Digging, Inc. – The Enforcement Panel met and made a recommendation to the Board regarding final disposition of the docket.  The question for Board decision was “shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the docket?”  Todd Chambers made a motion to accept the recommendation of the Enforcement Panel and close the docket.  Erin Hayes seconded.  Motion carried by unanimous vote.
  6. OC10-008     Complaint against Scott Olson Digging, Inc. – The Enforcement Panel met and made a recommendation to the Board regarding final disposition of the docket.  The question for Board decision was “shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the docket?”  Todd Chambers made a motion to accept the recommendation of the Enforcement Panel and close the docket.  Erin Hayes seconded.  Motion carried by unanimous vote.
  7. OC10-009     Complaint against Robert Kohl Construction – The Enforcement Panel met and made a recommendation to the Board regarding final disposition of the docket.  The question for Board decision was “shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the docket?”  Kurt Pfeifle made a motion to accept the recommendation of the Enforcement Panel and close the docket.  Dan Kaiser seconded.  Motion carried by unanimous vote.
  8. OC10-010     Complaint against Stromseth Construction – The Enforcement Panel met and made a recommendation to the Board regarding final disposition of the docket.  The question for Board decision was “shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the docket?  Dan Kaiser made a motion to accept the recommendation of the Enforcement Panel and close the docket.  Kurt Pfeifle seconded.  Motion carried by unanimous vote.

Bleau LaFave mentioned that several Board members have expressed concern about Kara Semmler’s obligation to the Public Utilities Commission vs. attorney/client privilege expectations from the South Dakota One Call Board.  This places the Board in an uncomfortable situation.  Several suggestions to resolve this were discussed with no final solution being made.

Being no further business, Dan Kaiser made a motion to adjourn the meeting.  Terry Larson seconded.  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.