May 14, 2014 (Final Approved Circulated 06/16/14)

DRAFT/UNAPPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
May 14, 2014, 8 a.m. (CDT)
Holiday Inn Express – Missouri Room, 110 E. Stanley Rd., Ft. Pierre, SD

1. Chairman Erin Hayes opened the meeting with a Call to Order and Roll Call at 8:00 AM, Central Time.

Members in attendance: Erin Hayes, Representing Community Antenna Television Systems, Chairman; Dan Kaiser, Representing Telecommunication Companies Offering Local Exchange Service to More Than 50,000 Customers; Bleau LaFave, Representing Investor-Owned Natural Gas Utilities; Ed Anderson, Representing Rural Electric Cooperatives; Fay Jandreau, Representing Telecommunication Companies Offering Local Exchange Service to Less Than 50, 000 Customers; John Ward, Representing Excavation Contractors; Kurt Pfeifle, Representing Rural Water Systems; and Todd Chambers, Representing Municipalities. Also in attendance: Kristen Edwards, Legal Counsel; and Larry Janes, Executive Director.

Board members unable to attend were: Doug Larson, Representing Interstate Carriers of Gas or Petroleum, attended by conference call; Eugene Solseth, Representing Excavation Contractors; and Kevin Kouba, Representing Investor-Owned Electric Utilities.

Other attendees included: Chris Stovall, Operations Manager, Texas811; Ryan Hartley, First District Association of Local Governments; Mary Zanter, Public Utilities Commission Office of Pipeline Safety. Joining later by Conference Call: Michelle Payne, MidAmerican Energy; Gary Meiners, MidAmerican Energy; Dan Miller, MidAmerican Energy; Suzan Stewart, MidAmerican Energy; and Alicia Berger, Xcel Energy.
2. A motion was made by Fay Jandreau to approve the South Dakota One Call Notification Board Minutes of the February 19, 2014 One Call Board Meeting. Dan Kaiser seconded the motion. Motion carried unanimously.

3. The Financial Summary, including July 2013 through January 2014 expenditure details, was reviewed.

Dan Kaiser made a motion to approve the report. Kurt Pfeifle seconded the motion. Motion carried unanimously.

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

Call Volume Trends from January 2014 through April 2014 were reviewed. Incoming locate requests in 2014, now at 25,378, are slightly higher at this time than in 2013. Dispatched Tickets are at 154, 103 for the first 4 months of the year.

Dispatched tickets by type were reviewed.
5. Ryan Hartley, First District Association of Local Governments, gave a presentation regarding mapping processes and described the number of additions and corrections that have been made this past year. He described the benefits of working on a state and local level compared to working with national companies such as Navtec, TeleAtlas, Irthnet, etc. Those benefits include working closely with various tribal governments when questions arise about BIA maps vs. State of SD maps, coordinating data sets with the counties and standardizing naming conventions and file formats. He showed several examples of mapping by national companies, which are incorrect, even after 10 years.

6. Bleau LaFave mentioned that RFP # 412014 for Professional Services closes on May 15, 2014. Erin Hayes and Dan Kaiser volunteered to work with Bleau on a selection committee. This committee will then bring a recommendation to the Board. Kristen Edwards advised the Board that there will need to be a Board meeting to discuss the selection and another meeting to award the contract.

7. Executive Director Report Items
OC14-001 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Chad Zandstra Construction, Rapid City, South Dakota, for an Incident Occurring on January 10, 2014, at 3714 Padre Drive, Rapid City, S.D.

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 requirements are not met?

After reviewing the Enforcement Panel process Kurt Pfeifle made a motion to accept the recommendation of the Enforcement Panel. Bleau LaFave seconded the motion. Motion carried unanimously.

OC14-002 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against B & B Excavating, Rapid City, South Dakota, for an Incident Occurring on February 14, 2014, at Lot 6 Duckhorn Drive, Rapid City, S.D.

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 requirements are not met?

After reviewing the Enforcement Panel process Dan Kaiser made a motion to accept the recommendation of the Enforcement Panel. Fay Jandreau seconded the motion. Motion carried unanimously.

OC14-003 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Rapid Construction Co. LLC, Rapid City, South Dakota, for an Incident Occurring on February 20, 2014, at Far West end of Cobalt Drive, Rapid City, S.D.

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 requirements are not met?

After reviewing the Enforcement Panel process Erin Hayes made a motion to accept the recommendation of the Enforcement Panel. Dan Kaiser seconded the motion. Motion carried unanimously.

OC14-004 – In the Matter of the Complaint Filed by City of Big Stone City, Big Stone City, South Dakota, Against CenturyLink, Sioux Falls, South Dakota, for an Incident Occurring on January 31, 2014, at 808 4th Ave., Big Stone City, S.D.

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 requirements are not
met?

After reviewing the Enforcement Panel process Kurt Pfeifle made a motion to accept the recommendation of the Enforcement Panel. Bleau LaFave seconded the motion. Motion carried, with Dan Kaiser abstaining.

The Joint Powers Agreement with First District Association of Local Governments for the purposes of mapping will expire June 30, 2014.

Today shall the One Call Board execute a new Joint Powers Agreement with an effective date of July 1, 2014?

Bleau LaFave made a motion to enter into a new Joint Powers Agreement, effective July 1, 2014 with an expiration date of June 30, 2015. John Ward seconded the motion. Fay Jandreau suggested that this should hinge on Texas811 using the data provided by First District. Chris Stovall stated that Texas811 does use the mapping data provided by First District. Motion carried unanimously.

At this time Michelle Payne, Gary Meiners, Dan Miller, Suzan Stewart, and Alicia Berger joined the meeting by conference call to discuss an exemption in the law which would allow digging in emergency situations before all locates are completed. The concern is around asking employees to break the law in order to stop a gas leak quickly to avoid loss of life or property. Dan Miller gave an example where an employee responded to a gas leak recently at 1:36 a.m. and had to dig without locates being completed. It was a minor incident, but it underscores the reason for the request to change the law. John Ward stated that the bottom line is they’ll do what they need to do, but they’re asking that it be done within the law. Bleau LaFave stated that as the law is today, it becomes a personal liability issue to employees if they have to break the law to stop a gas leak. Fay Jandreau said this is more than a one industry issue. Dan Kaiser also suggested that this isn’t just a gas industry issue, but we need to consider all the ramifications of such a change. Mary Zanter was asked if PHMSA would be OK with such an exemption. She thought this would be fine, as other states have similar exemptions in their laws. Bleau LaFave mentioned that even though he would like to see an exemption in the law he struggles with it. There was a lot of discussion about what is an emergency, and what constitutes protection of life and property. Alicia Berger stated that in most cases in Minnesota operators call within one hour of notification of an emergency situation. The Board reviewed several different versions of language, which were provided by MidAmerican Energy and Xcel Energy. Some changes to these were discussed. Michelle Payne stated that they would do some more work on the wording and provide to the Bleau LaFave and Larry Janes. Ed Anderson agreed and said he can support a change in the law. Dan Kaiser suggested that these all be provided to Kristen Edwards to review. After Kristen Edwards has seen the proposed language, it will be sent to the Board and discussed at the August meeting, along with her recommendations.

Review of the 2015 and 2016 FY Budgets.

Today shall the Board make changes to the 2016 FY Budget, and shall the Board approve the Budget for 2016?

The proposed budget was reviewed line by line and several changes were suggested and made.

Dan Kaiser made a motion to approve the final budget. Kurt Pfeifle seconded. Motion carried unanimously.

2014 Spring Excavator/Facility Operator Meeting Summary. An attendance history was provided
which showed the number of attendees in each town. This year for the first time non-code continuing
education credits were offered through the Electrical Commission. This will be offered in future years to
encourage attendance at these meetings. Attendance increased significantly this year, due to several
factors including, mass mailings from the Center regarding the schedules, training conducted by
Brandon Truly, Colton Charba, and Rebecca Lane from Texas 811 in the use of Portal, and because of
Enforcement Panel and Board Order requirements. In total 1,487 people were covered in South Dakota One Call laws and policies.
8. General Discussion. At the request of the South Dakota One Call Notification Board, Governor Daugaard declared April as
“Safe Digging Month.” The Executive Proclamation was passed around for review by the Board and attendees. This Executive Proclamation was sent to media outlets around the state. Another news release will be sent out prior to August 11th (811 Day) to encourage people to call before digging.

Preliminary work has been done with BIT to deliver Amber Alerts through the Texas811 Center.
The executive director attended a Progressive Partnering Users Meeting in Dallas on May 6th. Among other items, discussion included the status of the mobile app for ticket searches, and ticket requests from the field. It is being beta tested and is very close to deployment. A homeowner electronic ticket entry process is in development at this time. All ten of the Progressive Partnering states are anxious for the finished product. A presentation on the mutual aid program to assist each state in case of emergency was made at the meeting and discussed. Also discussed were the 200 patents being
proposed by Certusview (owned by Dycom), which Progressive Partnering is opposing along with 3 other states. These patents would allow Certusview to collect all member facility information and store that data in its database.
The South Dakota 811 Facebook and Twitter accounts are up and running.
Several changes have been made to the South Dakota One Call website. South Dakota One Call has been replaced with the South Dakota 811 logo, a Homeowner tab has been added, which answers frequently asked questions, and a short video demonstration of Portal has now been added to the site under the Excavator and Facility Operator tabs.
Delinquent accounts were discussed. There are only 3 at this time. John Ward will look into the Simpson Group, which he believes was involved in bankruptcy. The owner of Country Village Estates/Prairie Acres has said he has no facilities in the public right of way. This location will be removed from the Membership once we receive a letter from the owner stating this. The third is a collectible account with a small balance.
There was nothing to discuss at this time regarding the Strategic Planning Committee.
The Legislative Task Force regarding water drainage was briefly discussed. A member of that task force is aware of the requirement to register drain tile which is in the public right of way, with South Dakota One Call.
The date and location of the next Board Meeting was left open and will be announced at a later date.
9. There being no further business Dan Kaiser made a motion to adjourn. Fay Jandreau 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.