| Legislative
Meeting - October 28, 2005...
|
Agenda:
October 28, 2005
Legislative Meeting
Utility Notification Center of Colorado
Holiday Inn Denver Central
4848 Bancock Street
Denver, Colorado 80216
Main: 303-292-9500
Facilitator: J.D. Maniscalco
Note Taker: Christine Miller
9:00am - 12:00pm
A. Welcome J.D. Maniscalco
B. Introductions J.D. Maniscalco
C. Approval of minutes (September)
D. Open Discussion
E. Breakout
a. Exemptions John "Chip" Taylor
b. Enforcement David Fiore
c. Membership Duane Tinsley
Minutes:
CALL TO ORDER:
The third legislative meeting hosted by the Utility Notification Center of Colorado was held on the 28th day of October 2005, at the Holiday Inn at 4849 Bannock Street, Denver, Colorado. J.D. Maniscalco called the meeting to order at 9:10 a.m. and welcomed attendees who introduced themselves and their companies. J.D. noted that good discussion has taken place and momentum is gaining. He reviewed the issues being discussed by each group. J.D. asked that during the break out session groups move toward more definitive language and consensus building within their group. He reviewed the UNCC role of facilitating the meeting and providing a place for discussion of the issues but not leading a legislative effort.
MINUTES:
A motion was made and seconded to approve the minutes of the September 30, 2005 legislative meeting as written. The minutes were approved by a unanimous voice vote.
BREAK OUT SESSIONS:
Groups met separately to discuss membership issues, exemptions to the law and enforcement and penalties.
GROUP REPORTS:
Enforcement: David Fiore (Fiore & Sons, Inc.)
The enforcement group discussed what would be needed to manage enforcement and agreed that a neutral party would be necessary. David reviewed the current fines within the law. This group does not think the current fine structure is decreasing damages. They suggested a fine structure based on fault as determined by an advisory committee. When a damage occurs it would be reported to an entity such as the PUC who would investigate and collect data. The damage would then be referred to the advisory committee which would include one member from each shareholder group i.e., facility owner, one call center, excavator, locating contractor, PUC, consumer, government agency and public safety agency. The committee would determine whether a violation had occurred. If a violation occurred then all parties involved in the damage would meet with the committee to discuss what happened and penalties would be assessed where appropriate. An appeal process would be available. The process would be funded through the fines assessed. Discussion about this idea included establishing a statute of limitations so that each incident could be investigated properly, how to have recovery of cost for damage repair or down time, having an entity other than the PUC investigate damages and having a portion of the fines designated for advertising and education. Many in attendance voiced strong opposition to PUC involvement.
Membership: Bob Brandstetter (High View Water/Daniels Sanitation)
Members of this group continue to discuss differences between Tier I and Tier II membership and how best to resolve those differences. Tier II members currently work directly with excavators in the locating process and are concerned that this relationship would be less effective if changed. Advantages suggested for Tier I membership included archiving of tickets and more reliable information if damage occurs. However, some Tier II members are also archiving information. The group discussed several options including establishing a contractor annual membership fee, user fees and an annual fee from Tier II members. UNCC will provide an estimate of costs associated with processing Tier II information during the ticket process. General discussion from the group as a whole included the need to involve the SDA and CML after the initial language has been drafted.
Exemptions: R. J. Hicks (Green Colorado)
The exemption group discussed whether legislation should be pursued separately for specific exemptions. In discussion a consensus was reached that one bill that addressed all issues might be preferable. There are two main issues, county road maintenance and shallow and maintenance work by the landscaping industry. The group felt it would be necessary to break down the difference between exemptions in the right of way and in other areas. It was agreed that definitions of terms would be an important part of proposed legislation. The group intends to draft language for exemptions and to include processes, safety, protection and use. They will begin by looking at legislation previously proposed and revise this language to suit current needs.
CONCLUSION and NEXT MEETING:
All groups agreed that completing an initial draft of language for discussion was important by the next meeting so that discussion can proceed. The next legislative meeting will be held on Friday, December 9, 2005 at 9:00 a.m. Notice will be sent regarding this meeting and where it will be held.
The meeting was adjourned at 11:18 a.m.
|
