May 22, 2013 (Draft Circulated 06/05/13)

DRAFT/UNAPPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
MAY 22, 2013, 8 a.m. (CST)

Chairman Kurt Pfeifle opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 8:00 AM, Central Daylight Savings Time at the Ft. Pierre Holiday Inn Express.

Board Members in attendance:Kurt Pfeifle, Chairman, representing Rural Water Systems; Erin Hayes, Vice-Chairman, representing Community Television Antenna Systems; Todd Chambers, representing South Dakota Municipalities; Doug Larson, representing Underground Interstate Carriers of Gas or Petroleum; Bleau LaFave, representing Investor-Owned Natural Gas Utilities; John Ward, representing Excavating Contractors; Kristen Edwards, Legal Counsel; Larry Janes, Executive Director.

Board members unable to attend were: Eugene Solseth, representing Excavating Contractors; Fay Jandreau, representing Telecommunications Companies with less than fifty thousand subscribers; Ed Anderson, representing Rural Electric Cooperatives; Dan Kaiser, representing Telecommunication Companies with more than fifty thousand customers; Kevin Kouba, representing Investor-Owned Electric Utilities.

Other attendees included: Chris Stovall, Texas811; Tom Hall, KorPartners; Cindy Kemnitz, Public Utilities Commission Finance Officer.

2(a)   A motion was made by Doug Larson to approve the South Dakota One Call Notification Board Minutes of the February 20, 2013 One Call Board Conference Call. Todd Chambers seconded the motion. Motion carried unanimously. 

3(a)    The Financial Summary, including February 2013 through April 2013 expenditure details, was reviewed.

Todd Chambers made a motion to approve the financial report. Erin Hayes seconded the motion. Motion carried unanimously. 

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

4(b)    Call Volume Trends for January 2013 through April 2013 were reviewed. Total volumes are down considerably from the mild weather experienced in 2012, but have begun to increase with the 2013 spring thaw.

5    Ryan Hartley, First District Association of Local Governments, gave a presentation outlining the mapping projects that have been completed in FY 2012- 2013.

6(a)    Extension of Joint Powers Agreement with First District Association of Local Governments. This Agreement expires June 30, 2013. Today shall the One Call Board execute a new Joint Powers Agreement with an effective date of July 1, 2013?

Bleau LaFave made a motion to execute a new Joint Powers Agreement with an effective date of July 1, 2013 with an expiration expiration date of June 30, 2014. Todd Chambers seconded the motion.  Motion carried unanimously. 

6(b)    In the Matter of OC13-001, NorthWestern Energy against Menning Backhoe, LLC. 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 and if the requirements are not met?

Todd Chambers made a motion to accept the recommendation of the Enforcement Panel, close the Docket, and pursue collection activity if the penalty is not paid and if the requirements are not met. Erin Hayes seconded the motion.  Motion carried unanimously. Bleau LaFave abstained. 

6(c)     A discussion of the 2013 Spring Excavator/Facilitator Operator meeting was held. Mitchell Technical Institute was added to the schedule this year. 100 senior class line and electrical students attended the meeting. MTI will be included in future meeting schedules. All ten defendants involved in complaints in 2012 who were required to attend a Spring Meeting, met their obligations by attending a meeting. A total of 824 attendees from across the state participated in the meetings this year.

6(d)    The One Call Board Strategic Planning Committee meeting scheduled for May 21, 2013, was cancelled due to meeting conflicts and will be rescheduled.

6(e)     A meeting with Progressive Partnering was attended by Kurt Pfeifle, Erin Hayes, Dan Kaiser, and Larry Janes in Nashville, Tennessee on May 6th and 7th. The meeting included the 9 other states involved with Progressive Partnering. Discussion centered on the continued progress of version III of GeoCall, mobile mapping and apps, and mutual aid to members.

6(f)    Previously there had been discussion regarding the South Dakota One Call Notification Board doing business as South Dakota 811. Today shall the Board approve the transition to South Dakota 811, and shall the Board authorize the use of a new South Dakota 811 logo? Kristen Edwards stated that without going to the Legislature to change the name from South Dakota One Call that the Board can use the name South Dakota 811 in its logo, but that it would need to continue to use South Dakota One Call in legal documents.

Doug Larson made a motion for South Dakota One Call to transition to South Dakota 811 and authorize the use of the new South Dakota 811 logo. John Ward seconded the motion.  Motion carried unanimously. 

6(g)    Discussion took place regarding Attorney General Official Opinion 08-07 and its application to private facilities. There is some disagreement by the Board with the opinion, and it was decided to let the issue play out in the court system.

6(h)   Executive Director Contract Extension. The contract will expire on July 31, 2013. Shall the Board consider an extension and any amendments of the current contract? The Board may go into Executive Session, if and only according to SDCL 1-25-1. (Time in and Out).

Todd Chambers made a motion to meet in Executive Session. Erin Hayes seconded the motion.  Motion carried unanimously.

Time in was at 10:10 am. Time out was at 10:30 am.

Bleau LaFave made a motion to extend the Executive Director contract from August 1, 2013 through July 31, 2014 with an increase in compensation of 3%. Doug Larson seconded the motion.  Motion carried unanimously.

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

6(i)   The contract between the South Dakota One Call Notification Board and KorPartners will expire on December 31, 2013. The Board will continue its discussion of the options available under applicable state law. The Board may go into Executive Session, if and only according to SDCL 1-25-2. (Time in and Out). Today shall the Board consider the use of Sole Source Procurement or issue a Request For Proposal for Professional Services, or issue a Competitive Sealed Proposal through a Competitive Sealed Bid Process or a Competitive Sealed Proposal Process?

Erin Hayes made a motion to move into Executive Session. Bleau LaFave seconded the motion.  Motion carried unanimously.

Time in was at 9:18 am. Time out of Executive Session was at 9:45 am.

Cindy Kemnitz explained the bid process through the state. The RFP will be submitted through Procurement Management, who will place it on their website for 30 days. A determination was made that Sole Source Procurement could not be utilized, and that a three member review committee should be established to work through the RFP process. Chairman Kurt Pfeifle appointed John Ward, Erin Hayes, and Todd Chambers to serve on this committee.

6(j)   Review of the 2014 and 2015 FY Budgets. Today shall the Board make changes to the 2015 FY Budget, and shall the Board approve the Budget for FY 2015? Considerations taken into account were no increase in member costs, potential increases in Executive Director compensation and center costs, flat outgoing locate counts, reduction in federal grant dollars allocated, and increased travel to OCSI and CGA meetings, as well as center contract negotiation travel for RFP purposes.

Todd Chambers made a motion to accept the budget. Erin Hayes seconded the motion.  Motion carried unanimously. 

6(k)   Officer Election. Current Board Policy — OFFICERS – The board shall elect one of its members as chair and another as vice chair, for a period of not longer than two years. Kurt Pfeifle was thanked for his time as an officer. The Executive Director nominated Erin Hayes to serve as Chairman of the South Dakota One Call Notification Board and nominated Dan Kaiser to serve as Vice Chairman. There were no other nominations.

Kurt Pfeifle made a motion that Erin Hayes be elected as the new Chairman of the Board and that Dan Kaiser b elected to serve as Vice Chairman. Todd Chambers seconded. Motion carried unanimously. 

6(l)   The next Board meeting will be scheduled for early August in Ft. Pierre.

There being no further business, Doug Larson made a motion to adjourn. Bleau LaFave seconded the motion.  Motion carried unanimously.

Minutes of this meeting were prepared by Larry Janes, Executive Director, South Dakota One Call Notification Board.  For information about South Dakota One Call/South Dakota 811, please visit http://onecall.sd.gov.

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