May 14, 2015 (Final Approved Circulated 08/25/15) APPROVED MINUTES

May 14, 2015 (Final Approved Circulated 08/25/15)
APPROVED MINUTES
 
SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
May 14, 2015 – 8:00 AM Central Time
Holiday Inn Express – Missouri Room
110 East Stanley Road, 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:  Chairman Erin Hayes, Representing Community Antenna Television Systems; Vice-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; John Ward, Representing Excavation Contractors; Eugene Solseth, Representing Excavation Contractors; Also in attendance: Kristen Edwards, Legal Counsel; Larry Janes, Executive Director.
Board members unable to attend: Doug Larson, Representing Interstate Carriers of Gas or Petroleum; Todd Chambers, Representing Municipalities; Kurt Pfeifle, Representing Rural Water Systems; Kevin Kouba, Representing Investor-Owned Electric Utilities; Fay Jandreau, Representing Telecommunication Companies Offering Local Exchange Service to Less Than 50, 000 Customers.
Other attendees included: Chris Stovall, Director of Operations, Texas811; Jon Rollins, Operations Manager, Texas811; Ryan Hartley, First District Association of Local Governments; April Arnold, First District Association of Local Governments; Cindy Kemnitz, Finance Manager, Public Utilities Commission; Manager; Jeremiah Corbin, South Dakota Association of Rural Water Systems.
2 a.   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 a.  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.
b.  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 a.  Center Performance Results were reviewed.  Speed of Service was discussed and is currently within contract guidelines.
 4 b.  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.
4 c. 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 April 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 7 p are found after Item 7 p.
    a.  OC14-017, Montana-Dakota Utilities Company against Lance Wellman.  Today shall the One Call Board accept the recommendation of the Enforcement Panel to dismiss the Docket for lack of service address?
    b.  OC14-022, Montana-Dakota Utilities Company against Second Nature Landscaping.  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?
     c.  OC14-023, Montana-Dakota Utilities Company against J X T Excavating.  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?
    d.  OC14-024, Montana-Dakota Utilities Company against Olson Construction, Inc.  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?
     e.  OC14-025, Montana-Dakota Utilities Company against Nelson Construction.  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?
      f.  OC14-026, Montana-Dakota Utilities Company against Concrete Professionals.  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?
     g.  OC14-027, Montana-Dakota Utilities Company against Decorative Concrete Design.  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?
     h.  OC14-028, Watertown Municipal Utilities against Hobart Construction.  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?
     i.   OC14-030, City of Brandon against Krueger Excavating.  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?
     j.   OC14-031, CenturyLink against Salzsieder Construction.  Today shall the One Call Board accept the recommendation of the Enforcement Panel to dismiss the Complaint as requested by CenturyLink?
     k.   OC14-032, CenturyLink against Black Hills Septic.  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?
      l.   OC14-033, AGK Electric against City of Vermillion.  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?
    m.   OC15-001, Doug O’Bryan Contracting against Nebraska Public Power District.  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?
      n.   OC15-002, City of Brandon against Krueger Excavating.  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?
      o.   OC15-003, MidAmerican Energy Company against Daniels Construction.  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?
       p.   OC15-004, MidAmerican Energy against Earthscapes, Inc.  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.        
       q.   OC15-005, Nebraska Public Power District against Doug O’Bryan Contracting, Inc.  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.
        r.   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.
         s.  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.
        t.   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.
        u.  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.
         v.   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.
        w.   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:
          a.  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.
           b.  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.
c.  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 atexedir@sdonecall.com, or by calling (605) 339-0529.