February 20, 2013 (Final Approved 05/31/13)

APPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
FEBRUARY 20, 2013, 2 p.m. CST

Chairman Kurt Pfeifle opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 2:00 PM, CST, 1 p.m. MST

Board Members in attendance: Kurt Pfeifle, Chairman, representing Rural Water Systems; Bleau LaFave, representing Investor-Owned Natural Gas Utilities; Doug Larson, representing Underground Interstate Carriers of Gas or Petroleum; Todd Chambers, representing South Dakota Municipalities; Eugene Solseth, representing Excavating Contractors; Fay Jandreau, representing Telecommunications Companies with less than fifty thousand subscribers; and Ed Anderson, representing Rural Electric Cooperatives; Dan Kaiser, representing Telecommunication Companies with more than fifty thousand customers; John Ward, representing Excavating Contractors; Kristen Edwards, Legal Counsel; Larry Janes, Executive Director.

Board members unable to attend were: Erin Hayes, Vice-Chairman, representing Community Television Antenna Systems; Kevin Kouba, representing Investor-Owned Electric Utilities.

Other attendees included: Chris Stovall, Texas811; Tom Hall, KorPartners; Lee Marrs, Texas811; Mike Losawyer, Texas811.

2(a)   A motion was made by Dan Kaiser to approve the South Dakota One Call Notification Board Minutes of the October 3, 2012 One Call Board Meeting. Doug Larson seconded the motion. Motion carried unanimously upon a roll call vote. 

3(a)    The Financial Summary, including September 2012 through January 2013 expenditure details, was reviewed.

Todd Chambers made a motion to approve the financial report. Bleau LaFave seconded the motion. Motion carried unanimously upon a roll call vote. 

4(a)    Center Performance Results were reviewed. Speed of Service was discussed and is within contract guidelines.

4(b)    Call Volume Trends for January 2012 through the end of December 2012 were reviewed. 133,705 incoming locate requests were processed during that time period, compared to 127,156 in 2011 for the same time period. The next highest year was 2004, when 132,520 incoming locate requests were taken. 787,683 locate tickets were dispatched in 2012, compared to 741,516 in 2011. Also 41% of all locate requests came into the Center through electronic means, which has been an upward trend every year since this option for requesting locates became available in 2005.

4(c)    Damage Reports were reviewed and discussed. There were 771 Damage Tickets into the Center in 2012. Of those 524 had previously requested a locate ticket, while 247 had not requested located tickets before the damage occurred.

5    Executive Director Report Items:

5(a)    The status of OC10-009, Otter Tail Power Company against Robert Kohl Construction was discussed. Kristen Edwards mentioned that the Roberts County Sheriff has made attempts to deliver legal papers, but at this time, has been unable to do so. Commissioner Nelson has intervened to facilitate the process, but at this time the papers have not yet been served.

5(b)    The status of Complaint Docket OC11-003, NorthWestern Energy against Split Rock Contracting was discussed. On June 6, 2012, the Public Utilities Commission authorized civil action to recover the penalty of one thousand dollars as ordered by the South Dakota One Call Notification Board. Kurt Pfeifle asked if there is anything to pursue. Discussion was made that there was a bank sale of assets last year. Kristen Edwards stated there may be nothing left for the Board to receive. John Ward asked if there might be anything at all that the Board may go after to solve this debt.

Fay Jandreau made a motion that Kristen Edwards pursue this further. Todd Chambers seconded the motion.  Motion carried upon a roll call vote, with all voting in favor, with the exception of Bleau LaFave who abstained. 

5(c)     The status of Complaint Dockets OC11-007 and OC11-008, Southeastern Electric Cooperative, Inc. against Don Runge was discussed. On June 6, 2012, the Public Utilities Commission authorized civil action to recover the penalties of two thousand dollars as ordered by the South Dakota One Call Notification Board for Docket OC11-007 and two thousand five hundred dollars as ordered by the South Dakota One Call Notification Board for Docket OC11-008. Kristen Edwards stated that a Motion for Default Judgment has been filed with a court date of March 4, 2013. Mr. Runge’s legal counsel recently contacted Kristen Edwards to see if the Board would be willing to settle for $1,000, due to Mr. Runge’s failing health. Mr. Runge’s daughter apparently now has power of attorney for Mr. Runge. Bleau LaFave stated that he is sympathetic to this request, but the request to settle the payment stated that both incidents were not Mr. Runge’s fault, but that of the utility, by not having its buried service at the proper depth. It is clear that Mr. Runge did not learn the lesson from this. There was agreement from other Board members as well. Todd Chambers stated that Mr. Runge requested his hearing be cancelled and agreed to pay $3500 on December 30,2011. Doug Larson said he leaned toward not accepting the settlement. Bleau LaFave stated that penalties assessed by the Enforcement Panel are not a revenue source, but to encourage awareness of SD One Call laws. It doesn’t appear that Mr. Runge got the point. John Ward stated he could feel sympathy for the situation, but by settling, the Board would be setting a precedent.

Dan Kaiser made a motion to reject the offer to settle this Docket for $1,000 and to authorize legal counsel to enter into further discussion to obtain full payment. John Ward seconded the motion.  Motion carried unanimously upon a roll call vote. 

5(d)    OC12-016 – Complaint against L&B Excavating of Beresford, South Dakota by Northern Natural Gas Company of Harrisburg, South Dakota. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket and shall the Board pursue collection activity if the penalty is not paid?

After reviewing the Enforcement Panel minutes Todd Chambers made a motion to accept the recommendation, close the docket, and pursue collection activity if the penalty is not paid. Doug Larson seconded the motion. Motion carried unanimously upon a roll call vote. 

5(e)     OC12-017 – Complaint against Zandstra Construction by Montana-Dakota Utilities Co.. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket and shall the Board pursue collection activity if the penalty is not paid?

After reviewing the Enforcement Panel minutes Todd Chambers made a motion to accept the recommendation, close the docket, and pursue collection activity if the penalty is not paid. Dan Kaiser seconded the motion. Motion carried unanimously upon a roll call vote. 

5(f)    Discussion regarding establishing a Budget process committee resulted in Bleau LaFave volunteering to assist in this effort. Erin Hayes volunteered to participate in absentia.

5(g)    Discussion regarding the establishment of a Strategic Planning Committee to consider future direction of the Board. Volunteers for this included Todd Chambers, Doug Larson, Fay Jandreau, Gene Solseth, and Dan Kaiser. Fay Jandreau did state that he would like the scope of this committee to be more clearly defined. A meeting of this group will occur after the Spring Meetings have been completed.

5(h)    Discussion regarding the contract between the South Dakota One Call Notification Board and KorPartners, which expires on December 31, 2013, was discussed. Kurt Pfeifle stated that time would be given to Korpartners and others to speak about the contract. Tom Hall, KorPartners, stated that KorPartners would like to continue the relationship it currently has with South Dakota One Call. Larry Janes went through the options before the Board, including requesting an exception to the bid process from the state and going through the bid process to find a vendor to operate the SD One Call Center. Kristen Edwards stated that 5-18A-8 allows for continuing a contract as a sole source provider. Todd Chambers questioned if the Center is truly the sole source provider. Kristen also stated that 20:25:04:01 discusses the Board’s competitive bidding process and contract extensions, but that the law passed in 2009 regarding contracts would supersede this Administrative Rule. Gene Solseth stated that he would like to explore the law passed in 2009, so we wouldn’t have to go through the bidding process. Kurt Pfeifle suggested the Board present the options to the State Auditor to see what the answer is. John Ward suggested that we not go to bid if not necessary. Fay Jandreau asked about the RFP process and the length of time to go through this. Kurt Pfeifle asked Texas811 if they wish to continue the relationship with KorPartners and South Dakota One Call. Mike Losawyer stated that they were not prepared to answer at this time. Kurt Pfeifle stated that we have started this process early enough that we have time to pursue the answers.

Dan Kaiser brought up an unrelated question, not placed on the Agenda of this meeting, regarding the ability of the Board to protect the public from a contractor who blatantly violates SD One Call laws. He would like the Board to formulate a specific question to the Office of the Attorney General. John Ward stated that some counties and cities have banned certain contractors from working in the public right of way, but it doesn’t affect work done on private property. This will be placed on the next Board Agenda for further discussion.

There being no further business, Fay Jandreau made a motion to adjourn. Todd Chambers seconded.  Motion carried unanimously upon a roll call 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.

Minutes of this meeting were prepared by Larry Janes, Executive Director, South Dakota One Call Notification Board. For information about South Dakota One Call, please visit http://onecall.sd.gov.