May 17, 2012 (Draft Circulated 5/31/12)

DRAFT/UNAPPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
May 17, 2012, 8 A.M. CENTRAL DAYLIGHT SAVINGS TIME

Vice-Chairman, Erin Hayes, opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 8:00 a.m., Central Daylight Savings Time at the office of First District Association of Local Government at Watertown, South Dakota.

Board Members in attendance: Erin Hayes, Vice-Chairman, representing Community Television Antenna Systems; Dan Kaiser, representing Telecommunication Companies with more than 50,000 customers; Doug Larson, representing Underground Interstate Carriers of Gas or Petroleum; Fay Jandreau, representing Telecommunications Companies with less than fifty thousand subscribers; Bleau LaFave, representing Investor-Owned Natural Gas Utilities; Todd Chambers, representing South Dakota Municipalities; John Ward, representing Excavating Contractors; Larry Janes, Executive Director.

Board members unable to attend were: Kurt Pfeifle, Chairman, representing Rural Water Systems; Ed Anderson, representing Rural Electric Cooperatives; Kevin Kouba, representing Investor-Owned Electric Utilities; and Eugene Solseth, representing Excavating Contractors. Also unable to attend: Kara Semmler, Legal Counsel.

Other attendees included: Todd Kays, First District Association of Local Government; Ryan Hartley, First District Association of Local Government; Chris Stoval, Texas811; Sarah Carlson, Texas811

2(a)     A motion was made by Dan Kaiser to approve the South Dakota One Call Notification Board Minutes of the January 25, 2012 One Call Board Meeting. Fay Jandreau seconded the motion. Motion carried by unanimous vote. 

3(a)     The Financial Summary including October 2011 through April 2012 expenditure details were reviewed.

Bleau LaFave made a motion to approve the financial report. Doug Larson seconded the motion. Motion carried by unanimous vote. 

3(b)     Approval of the 2013 Fiscal Year Budget was discussed and tabled until other financial issues were discussed in this meeting. After a preliminary review, it was decided to reconvene a Board meeting at a later date to finalize the 2013 Fiscal Year budget.

4(a)     Center Performance Results were reviewed. The Speed of Service was discussed and is estimated at 35 seconds for the month of April due to changes in call technology. This is being reviewed by the Center and will be revised when final results are in.

4(b)    Call Volume Trends for 2012 through April 30th were reviewed. 30,300 incoming locate requests have been received this year, as compared to 19,562 in 2011 for the same time period. 174,902 locate tickets have been dispatched though April 2012, compared to 120,667 locate tickets dispatched through April 2011. 127,156 locate requests were received through the end of 2011. This is the highest number of requests since 2006, which at that time was at 128,701. 741,516 locate tickets were dispatched during 2011. Mike Losawyer stated that call volumes are very high in South Dakota at this time due to the mild weather conditions. Electronic Ticket requests have increased to an average of 39.25% in 2011, as compared to 31% in 2009 and 26% in 2010.

5.     A presentation was made by Todd Kays and Ryan Hartley, First District Association of Local Governments in which they explained mapping processes and projects across the state and their work with Texas811.

6(a)     Status of Complaint Docket OC10-009. Otter Tail Power Company against Robert Kohl Construction. Legal Counsel has obtained a motion for default judgment, which has been sent to Mr. Kohl.

6(b)     In the Matter of Complaint Docket  OC11-003, Northwestern Energy against Split Rock Contracting, Inc. On October 13, 2011 the Board issued an Order for payment, which has not been made. A demand letter for payment was sent to Split Rock contracting, Inc. on March 2, 2012. Payment has not been made. Dan Kaiser made a motion that the Board issue an Order requesting the Public Utilities Commission to bring an action in the name of South Dakota to recover the penalty. Erin Hayes seconded the motion. A roll call vote was taken.

Dan Kaiser, Fay Jandreau, Doug Larson, Erin Hayes, John Ward, Todd Chambers voted in favor of the motion. Bleau LaFave abstained. Motion carried upon a roll call vote. 

6(c)     In the Matter of Complaint Docket OC11-007, South Eastern Electric Cooperative, Inc. against Don Runge. On January 25, 2012 the Board issued an Order for payment. A demand letter for payment was sent to Don Runge on March 2, 2012. Payment has not been made.

Bleau LaFave made a motion that the Board issue an Order requesting the Public Utilities Commission to bring an action in the name of South Dakota to recover the penalty. Dan Kaiser seconded. Motion carried by unanimous vote. 

6(d)     In the Matter of Complaint Docket OC11-008, South Eastern Electric Cooperative, Inc. against Don Runge. On January 25, 2012 the Board issued an Order for payment. A demand letter for payment was sent to Don Runge on March 2, 2012. Payment has not been made.

Dan Kaiser made a motion that the Board issue an Order requesting the Public Utilities Commission to bring an action in the name of South Dakota to recover the penalty. Fay Jandreau seconded. Motion carried by unanimous vote. 

6(e)     In the Matter of Complaint Docket OC11-012, City of Aurora against Eagle West. On January 25, 2012 the Board issued an Order for payment. A demand letter for payment was sent to Eagle West on March 2, 2012. Payment has not been made.

Dan Kaiser made a motion to request the Public Utilities Commission to seek a South Dakota judgment from the court. Doug Larson seconded the motion. Motion carried by unanimous vote. 

6(f)     In the Matter of Complaint Docket OC11-013, City of Aurora against Eagle West. On January 25, 2012 the Board issued an Order for payment. A demand letter for payment was sent to Eagle West on March 2, 2012. Payment has not been made.

Dan Kaiser made a motion to request the Public Utilities Commission to seek a South Dakota judgment from the court. Bleau LaFave seconded the motion. Motion carried by unanimous vote. 

6(g)    Diamond D Water was contacted on November 7, 2011 and again on January 30, 2012 regarding the requirement to become a member of South Dakota One Call. Between the time of preparation of the Agenda and this meeting Diamond D Water has begun the membership process. No action was taken.

6(h)     Results 2012 Spring Excavator/Facility Operator were presented. There were meetings held in 14 communities across South Dakota with 623 attendees and one meeting in Wahpeton, North Dakota. Topics included the process in filing a South Dakota One Call Complaint, review of the Complaints filed In 2011, mapping requirements, unmarked private facilities in public right-of-way, safety and other items of interest. Time was allowed for questions and evaluation sheets were once again provided for input from attendees

6(i)     Discussion was held on changes to the One Call Complaint form. Dan Kaiser suggested pursuing that the form be required to be used when filing a complaint. Todd Chambers suggested using a disclaimer at the top of the form stating that if this form is used then mandatory fields would need to be completed before submitting it as a Complaint. Bleau LaFave suggested that if the form is incomplete, that the no action be taken by the Board and the complaint be rejected.

6(j)     Discussion of the addition of a One Call Complaint Response form was held. Doug Larson suggested adding a filed of unknown in some items on the form.

6(k)     Discussion was held on changes to the One Call website. South Dakota Bureau of Information and Technologies had provided an estimated cost in these changes to $5,520.

Dan Kaiser made a motion to allow changes to be made to the website to allowing for electronic submissions and responses with a limit of $5,520. Bleau LaFave seconded the motion.  Motion carried by unanimous vote.

6(l)     Discussion was held regarding the Joint Powers Agreement with First District Association of Local Governments. After review of the current agreement,

Fay Jandreau made a motion that the South Dakota One Call Board execute a new Joint Powers Agreement with an effective date of July 1, 2012. Dan Kaiser seconded the motion. Motion carried by unanimous vote. 

6(m)     Discussion of extending the Executive Director contract was held.

Dan Kaiser made a motion that the Board go into Executive Session. Doug Larson seconded the motion.  Motion carried by unanimous vote. 

The Board went into Executive Session at 10:37 a.m. CDT and resumed the regular meeting at 10:50 a.m. CDT.

Doug Larson made a motion to extend the Executive Director contract from August 1, 2012 to July 31, 2013 at the rate of $5,333.33 per month, with expenses not to exceed $200,000 and to give Erin Hayes the authority to execute the contract. Bleau LaFave seconded the motion.  Motion carried by unanimous vote. 

6(n)     Additional insurance requirements were identified by the State of South Dakota Office of Risk Management after the
2011-2012 Executive Director’s contract extension.

Dan Kaiser made a motion to amend the Executive Director’s contract to reflect the new requirements. Erin Hayes seconded the motion.  Motion carried by unanimous vote. 

6(o)     Discussion was held regarding placing damage information through the Damage Information Reporting Tool (DIRT). Dan Kaiser mentioned that he is opposed to making this a mandatory requirement. The Executive Director has researched the DIRT process through One Call Systems International and at the Common Ground Alliance conference this spring. He will continue gathering additional information.

6(p)     Discussion was held regarding a South Dakota Regional Common Ground Alliance or Damage Prevention Council. Troy Styer, Nustar Energy, held a preliminary meeting in Sioux Falls on March 13, 2012. Bleau LaFave, Todd Chambers, Dan Kaiser, and Larry Janes attended the meeting. It was suggested that the Board work with the process

6(q)     Nathan Solem, South Dakota Public Utilities Office of Pipeline Safety, had made a request to use the South Dakota One Call membership list in order to offer locator training through that office.

Bleau LaFave made a motion that the Executive Director provide a list to be used for this purpose. Dan Kaiser seconded the motion.  Motion carried by unanimous vote. 

6(r)     The next South Dakota One Call Board meeting will be held by conference call. The date of the meeting is to be determined.

There being no further business Todd Chambers made a motion to adjourn. Bleau LaFave seconded.  Motion carried unanimously.

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