May 14, 2015 (Draft Circulated 05/18/15)

DRAFT/UNAPPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
March 6, 2015  1 p.m. CST  
NorthWestern Energy, 3010 W. 69th St., Sioux Falls, S.D. 

1.   Vice-Chairman Dan Kaiser opened the meeting with a Call to Order and Roll Call at 1:00 PM, Central Time.

Members in attendance:  Chairman; Vice Chairman, Dan Kaiser, Representing Telecommunication Companies Offering Local Exchange Service to More Than 50,000 Customers; John Ward, Representing Excavation Contractors; Todd Chambers, Representing Municipalities; Bleau LaFave, Representing Investor-Owned Natural Gas Utilities; Eugene Solseth, Representing Excavation Contractors; Ed Anderson, Representing Rural Electric Cooperatives.  Also in attendance: Kristen Edwards, Legal Counsel; Larry Janes, Executive Director.

Board members unable to attend: Chairman, Erin Hayes, Representing Community Antenna Television Systems; Fay Jandreau, Representing Telecommunication Companies Offering Local Exchange Service to Less Than 50, 000 Customers; Kurt Pfeifle, Representing Rural Water Systems; Doug Larson, Representing Interstate Carriers of Gas or Petroleum; Kevin Kouba, Representing Investor-Owned Electric Utilities.

2.   A motion was made by Dan Kaiser to approve the South Dakota One Call Notification Board Minutes of the March 6, 2015 One Call Board Meeting. John Ward seconded the motion. Motion carried unanimously.

3.  

    1. The Financial Summary, including November 2014 through April 2015 expenditure details, was reviewed.Gene Solseth made a motion to approve the report. Bleau LaFave seconded the motion. Motion carried unanimously. 
    2. Cindy Kemnitz, PUC Finance Manager, discussed the categories the state utilizes for budgeting purposes. She stated it would be helpful if the categories of the South Dakota One Call Board matched state categories. The Board agreed and the financials will reflect this going forward.

4.  

    1. Center Performance Results were reviewed.  Speed of Service was discussed and is currently within contract guidelines.
    2. Call Volume Trends from January 2015 through April 2015 were reviewed.  Incoming locate requests in 2015, now at 35,012 , are on a record pace and are 9,634 higher than at this time last year. Dispatched Tickets are at 199,273 for the first 4 months of the year. Electronic Tickets account for 46% of all locate requests through the Center. 14% require no intervention by Center personnel.
    3.  Dispatched tickets by type were reviewed. There have been 113 Damage Locate Requests in 2015 with 51 of them requested without a previous locate ticket.

5.   Ryan Hartley and Amy Arnold, 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. Mapping of 42 counties was completed in the previous 12 months.

6.   Jeremiah Corbin, South Dakota Association of Rural Water Systems, gave a presentation on establishing a Statewide Virtual Reference Station Network. This would greatly improve the accuracy of GPS. The South Dakota DOT and several commercial companies have begun this on a small scale, and do so for their own use. Jeremiah stated that many state and private entities could benefit from this network if it was implemented on a statewide basis.

7.   Executive Director Report Items – Actions listed for 7a through 7p are found after item 7p:

  1. OC14-017 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Lance Wellman, Hill City, South Dakota, for an Incident Occurring on April 16, 2014, at 2451 Emerson Ln., Rapid City, S.D.Today shall the One Call Board accept the recommendation of the Enforcement Panel to dismiss the Docket for lack of service address?

  2. OC14-022 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Second Nature Landscaping, Rapid City, South Dakota, for an Incident Occurring on July 2, 2014, at 2915 Marlin Dr., Rapid, 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?
  3. OC14-023 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against J X T Excavating, New Underwood, South Dakota, for an Incident Occurring on July 3, 2014, at 7341 Castlewood Dr., Summerset, 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?
  4. OC14-024 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Olson Construction Inc., Rapid City, South Dakota, for an Incident Occurring on July 8, 2014, at 824 Farlow St., 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?
  5. OC14-025 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Nelsen Construction, Rapid City, South Dakota, for an Incident Occurring on July 21, 2014, at 3249 Marvel Mt. Rd., 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?
  6. OC14-026 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Concrete Professionals, Rapid City, South Dakota, for an Incident Occurring on September 3, 2014, at 305 E. Bengal Dr., 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?
  7. OC14-027 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Decorative Concrete Design, Rapid City, South Dakota, for an Incident Occurring on September 4, 2014, at 612 Ziebach St., 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?
  8. OC14-028 – In the Matter of the Complaint Filed by Watertown Municipal Utilities, Watertown, South Dakota, Against Hobart Construction, Watertown, South Dakota, for an Incident Occurring on September 15, 2014, at 1155 Fourth St. NW, Watertown, 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?
  9. OC14-030 – In the Matter of the Complaint Filed by City of Brandon, Brandon, South Dakota, Against Krueger Excavating Inc., Sioux Falls, South Dakota, for an Incident Occurring on September 19, 2014, at 0 E. Ponderosa Circle, Brandon, 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?
  10. OC14-031 – In the Matter of the Complaint Filed by CenturyLink, Rapid City, South Dakota, Against Salzsieder Construction, Spearfish, South Dakota, for an Incident Occurring on August 25, 2014, at the Alley between Oliver and Ames North of St. Joe, Spearfish, S.D. Today shall the One Call Board accept the recommendation of the Enforcement Panel to dismiss the Complaint as requested by CenturyLink?
  11. OC14-032 – In the Matter of the Complaint Filed by CenturyLink, Rapid City, South Dakota, Against Black Hills Septic and Ditching, Rapid City, South Dakota, for an Incident Occurring on August 27, 2014, at the Rear of 205 1/2 E. Watertown St., 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?
  12. OC14-033 – In the Matter of the Complaint Filed by AGK Electric, Vermillion, South Dakota, Against City of Vermillion, Vermillion, South Dakota, for an Incident Occurring on October 10, 2014, at the 612 N. Norbeck St., Vermillion, 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?
  13. OC15-001 – In the Matter of the Complaint Filed by Doug O’Bryan Contracting, Inc., Martin, South Dakota, Against Nebraska Public Power District, Chadron, Nebraska, for an Incident Occurring on October 31, 2014, at 43 01 38.58N, 102 31 05.49W, Pine Ridge, 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?
  14. OC15-002 – In the Matter of the Complaint Filed by City of Brandon, Brandon, South Dakota, Against Krueger Excavating, Sioux Falls, South Dakota, for an Incident Occurring on January 16, 2015, at 120 E. Ponderosa Circle, Brandon, 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?
  15. OC15-003 – In the Matter of the Complaint Filed by MidAmerican Energy Company, Urbandale, Iowa, Against Daniels Construction, Tea, South Dakota, for an Incident Occurring on November 11, 2014, at 2129 S. Duluth Ave., Sioux Falls, 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?
  16. OC15-004 – In the Matter of the Complaint Filed by MidAmerican Energy Company, Urbandale, Iowa, Against Earthscapes, Inc., Brandon, South Dakota, for an Incident Occurring on November 3, 2014, at 8705 Torchwood Ln., Brandon, 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 review, Ed Anderson made a motion to accept the Enforcement Panel Recommendations in each of the above Complaint Dockets.  Bleau LaFave seconded the motion.  Motion carried unanimously with Dan Kaiser abstaining from OC14-031 and OC14-032.   
  17.  OC15-005 – In the Matter of the Complaint Filed by Nebraska Public Power District, Chadron, Nebraska, Against Doug O’Bryan Contracting, Inc., Martin, South Dakota for an Incident Occurring on October 31, 2014, at Two Miles East of Pine Ridge on Highway 18 North Side of Highway, Pine Ridge, 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?Mr. Doug O’Bryan provided documentation to the Executive Director after the Enforcement Panel meeting with proof that Doug O’Bryan Contracting Inc is registered with the Tribal Employment Rights Office in Pine Ridge and that he is an enrolled member of the Oglala Sioux Indian Tribe. Because of tribal sovereignty, the South Dakota One Call Board has no
    jurisdiction in this matter.  Dan Kaiser moved to dismiss. John Ward seconded. Motion carried unanimously.
  18. Evans-Tonn Ditch Company, Spearfish, SD, has requested to be removed from membership of South Dakota One Call.Today shall the South Dakota One Call Board accept or reject this request for removal from South Dakota One Call requirements?Larry Janes stated that he had conversations with David Kline, Board Member of Evans-Tonn Ditch Company and Andy Johnson, Secretary of Evans-Tonn Ditch Company, regarding this request. Evans-Tonn is a non-profit irrigation company utilizing a combination of open ditch and pipe to transport water. The Board agreed that Evans-Tonn is an operator and the facilities operated by Evans-Tonn fall within the definitions found in South Dakota Codified Law 49-7A-1. Public Utilities Commission Legal Counsel agreed with the Board discussion.Dan Kaiser made a motion to reject the Evans-Tonn request. John Ward seconded. Motion carried unanimously.
  19. Extension of Joint Powers Agreement with First District Association of Local Governments. This Agreement expires June 30, 2015.Today shall the One Call Board execute a new Joint Powers Agreement with an effective date of July 1, 2015?Ed Anderson made a motion to execute a new Joint Powers Agreement.  Bleau LaFave seconded the motion. Motion carried unanimously.
  20. Executive Director Contract. The Board may renegotiate the amount of compensation with the Executive Director on an annual basis.Today shall the Board consider a change?Dan Kaiser made a motion to go into Executive Session, according to SDCL 1-25-1. John Ward seconded
    the motion at 11:04 am. Motion carried unanimously.  Time out of Executive Session was 11:10 am.

    Dan Kaiser made a motion to increase the Executive Director salary by 3%.  Bleau LaFave seconded the motion. Motion carried unanimously.

  21. Spring Safety and Damage Prevention Meeting Summary.  Larry Janes stated that there were 5 Spring Damage Prevention meetings sponsored by local utilities where meals were served and 10 meetings which were Board sponsored.  Colton Charba, Texas811, provided training on electronic ticketing and the South Dakota 811 app at each location.  1,165 operators and excavators attended the meetings. This year non-code continuing education credits were approved by the South Dakota Electrical Commission and the South Dakota Plumbing Commission for attendance. The South Dakota Board of Operator Certification has approved contact hours for Certified Water and Wastewater Operators for 2016, and the South Dakota Board of Technical Professions has been contacted about similar continuing education credits for 2016. Training was again provided at Mitchell Technical Institute for gas and electrical lineman students and for the first time to excavation equipment students at Lake Area Technical Institute. Opportunities will be pursued to expand this to other programs and to other technical schools in South Dakota next year.
  22. A review of the 2015 and 2016 FY Budgets was made.After some discussion, Bleau LaFave made a motion to approve the budget for 2017. Dan Kaiser seconded the motion.  Motion carried unanimously.
  23. Election of Officers. 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. The Executive Director thanked Erin Hayes for serving the past two years as Chairman of the South Dakota One Call Board. The Executive Director then nominated Dan Kaiser to serve as Chairman of the South Dakota One Call Board and John Ward to serve as Vice Chairman. There were no other nominations.Bleau LaFave made a motion to elect Dan Kaiser as Chairman of the Board and John Ward to serve as Vice Chairman. Ed Anderson seconded the motion.  Motion carried unanimously.

8.   General Discussion:

  1. The introduction of Senate Bill, SB 72 by MidAmerican Energy Company during the 2015 Legislative Session and its subsequent withdrawal was briefly discussed.  There was some discussion about legislative processes in general.
  2. Results of the PHMSA Damage Prevention Characterization Tool were discussed.  This survey
    is conducted periodically with each state to gain a better understanding of state damage
    prevention programs with respect to the nine elements of effective damage prevention
    program cited in the PIPES Act.  In 2014 Mary Zanter, Public Utilities Commission Office of
    Pipeline Safety and Larry Janes met with PHMSA via conference call to discuss the survey.  All
    but two categories indicated Program Element Implemented, which is the highest rating.  Larry
    Janes will contact other states regarding the other two elements.
  3. Governor Dennis Daugaard Proclaimed April as Safe Digging Month.  The proclamation was
    passed around the table for review.

9.   There being no further business a motion to adjourn was called. Ed Anderson so moved. John Ward seconded. 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.