June 2, 2010 (Final Approved 07/23/10) Minutes

South Dakota One Call Notification Board Meeting
June 2, 2010

Chairman Bleau LaFave called the South Dakota One Call Notification Board Meeting to order at 8:00 AM, Central Daylight Savings Time, at the Holiday Inn Express, Ft. Pierre, SD.

Board Members in attendance: Bleau LaFave, Northwestern Energy, Chairman; Kurt Pfeifle, Mid-Dakota Rural Water System, Vice Chairman; Erin Hayes, Midcontinent Communications; Jerry Schroeder, Golden West Telecommunications; Todd Chambers, Watertown Municipal Utilities; Kevin Kouba, Otter Tail Power Co;  Eugene Solseth, Hills Septic Service; Legal Counsel:  Kara Semmler;  Executive Director: Larry Janes.

Unavailable were:  Ed Anderson, SDREA; Doug Larson, Northern Border Pipeline; Dan Kaiser, Qwest; Terry Larson, Heavy Constructors.

A motion was made by Kurt Pfeifle and seconded by Jerry Schroeder to approve the meeting agenda.  Motion carried by unanimous vote.

A motion was made by Erin Hayes and seconded by Kurt Pfeifle to approve the One Call Notification Board Minutes from the December 1, 2009 Board Meeting and the January 20, 2009 Board Meeting which had not previously been approved due to lack of quorum, and to approve the minutes from the last Board Meeting, which was held on February 8, 2010.  Motion carried by unanimous vote.

A Financial Report for Fiscal Year 2009 including itemized expenditures for the period of July 2009 through April 2010 was reviewed.  A motion to approve the Report was made by Jerry Schroeder and seconded by Kevin Kouba.  Motion carried by unanimous vote.

The Budget for Fiscal Year 2011 was discussed and amended to allow for Executive Director Travel for potential legislative activity.  A motion to approve the 2011 Fiscal Year Budget and authorize the Executive Director to pay all invoices for Fiscal Year 2011 that are within the budgeted level was made by Kurt Pfeifle and seconded by Todd Chambers.  Motion carried by unanimous vote.

Call volume trends were discussed at length.  Incoming locate requests have showed an increase of 17% through April over 2009, with outgoing tickets increasing by 26%.  The Board expressed concern regarding One Call Systems ability to continue serving the excavating community as the ability to answer calls in a timely manner has deteriorated since March.  Karla McNamara, Director, One Call Systems, submitted a letter to the Board on June 1, 2010 which was read and discussed.  In it she mentions OCS recognizes that service has fallen short, and that plans are underway to join forces with a larger competitor to better handle seasonal spikes in call volume.  This transaction will be complete by the end of summer.  Two potential companies mentioned, not in the letter, but in conversation by Karla  McNamara to the Executive Director,  are Consolidated Utility Services, Nebraska, and One Call Concepts, Minnesota, but a formal decision for a business partner is yet to be made.

Discussion was held regarding One Call Systems working within the legal obligations of its contract with the South Dakota One Call Notification Board.  Kevin Kouba made a motion to have the Executive Director and  Legal Counsel draft a letter to OCS requesting  a written plan with a timeline, detailing how One Call Systems intends to remedy and prevent reoccurrence of service related issues, and also to request a current copy and access to our database on an ongoing, monthly basis.  The motion was seconded by Kurt Pfeifle.  Motion carried by unanimous vote.

Kurt Pfeifle made a motion to officially close the following orders:  OC09-007, SDN vs. Larry’s Electric, OC09-009, City of Crooks vs. Kappes Fencing, OC09-010, Watertown vs. Grangaard Construction, Inc., and OC09-011, Watertown vs. Grangaard Construction, Inc.  Erin Hayes seconded the motion.  Motion carried by unanimous vote.  The closing of OC10-001, Northern Natural Gas Company vs. Zwak Excavation was tabled until the next Board Meeting.
The Executive Director stated that the Centralized Mapping Project is on hold until a replacement for the South Dakota 911 Director is named.

A status of OC09-002, collection action against Mark Seifkes, dba S.P.O.T. was given.  Kara Semmler, Legal counsel, placed this issue on the June 1st Public Utilities Commission agenda for a decision by the Commissioners to bring an action to Circuit Court.  This decision passed and will move forward.

After some discussion was held on consideration of having pre-filed testimony on Docket OC09-008, SDN vs. Sharpe Enterprises, Kevin Kouba made a motion to request live testimony, with a list of witnesses, topics, and exhibits to be provided to the SD One Call Board 10 days prior to hearing.  Gene Solseth seconded the motion.  Motion carried by unanimous vote.

The passing of SB 90, Bar Test Survey, entitled, “An Act to provide exception from one-call notification requirements to natural gas operators in emergency situations”, which makes a change to § 49-7A-1, and was supported by the SD One Call Notification Board was discussed.  A Bar test survey is defined as “a leakage survey completed with a non-conductive piece of equipment made by driving or boring small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere and testing the atmosphere in the holes with a combustible gas detector or other suitable device”.  This exception becomes effective July 1, 2010.

SB 125, Revision to § 49-7A-21, entitled, “An Act to revise certain provisions relating to violations associated with the statewide one-call notification system”.  This change, which was supported by the SD One Call Notification Board, was discussed.  Previously a complaint alleging a violation of any rule of the Statewide One-Call Notification Board had to be brought within ninety days of the alleged violation and within one year of discovery of the alleged violation.  Effective July 1, 2010 “a complaint alleging a violation of any statute, except § 49-7A-12, or alleging a violation of any rule of the Statewide One-Call Notification Board shall be brought not later than ninety days after the discovery of the alleged violation, but in no case may the complaint be brought more than one year after the date of the alleged violation”.

SB 104, “An Act to revise certain provisions regarding disclosure of public information and public meetings.” was reviewed.  Discussion was held regarding how this pertains to Enforcement Committee meetings.  These meetings will continue to be held as open meetings.  The requirement to make available unapproved, draft minutes within 10 days of a meeting was also discussed.  Draft copies of minutes will be posted to the SD One Call Web site and will also be made available upon request.  Meeting materials will continue to be made available at meetings and upon request.

OC10-002, Petition of the South Dakota Rural Water Systems for a Declaratory Ruling was discussed only in that it is a request to modify 49-7A-8.  This will require a Hearing and must be completed prior to September 18, 2010.

An Executive Proclamation issued by the Office of the Governor declaring April as “Safe Digging Month”  was handed out and discussed.  This was one of several initiatives brought forth by CGA this spring to encourage excavators to call 811 before digging.

The Executive Director presented a request for minor changes to the Executive Director Contract.  At this time the Board met in Executive Session to discuss Exhibit B of the current Executive Director contract.   A motion was made by Kurt Pfeifle and seconded by Todd Chambers to approve Exhibit B to the Executive Director contract as submitted.  Motion carried by unanimous vote.

Being no further business Kurt Pfeifle made a motion to adjourn.  Todd Chambers seconded the motion.  Motion carried by unanimous 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.