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June 10, 2009 Meeting Minutes

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana

June 10, 2009

The Second Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Tenth day of June, 2009, at 8:00 p.m.

There were present and participating at the meeting:

Don Buxbaum
Jim Finneman
Ric Holden
Barry Rakes
Ray Roethle
Scott Sackman
James Whitmer


Also present and participating were David Schwarz Secretary, Pat Davis, and Assistant Secretary.

President Roethle called the meeting to order, stating that all necessary and advisable business be conducted during this time and that notice had been received by each Board Member.

Thereupon, President Roethle announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

Ric Holden made a motion, seconded by Jim Finneman, to approve the minutes from the May 11, 2009 meeting with corrections from Ric Holden.

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for June. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds to cover payroll and invoices were signed. S.T.I.P. investment transfers were also signed to invest the remaining monthly District I and District II cash balances.


James Whitmer made a motion, seconded by Ray Roethle, to approve the Treasurer’s report and the transfer of $51,176.88 for District I. Jim Finneman made a motion, seconded by Scott Sackman, that the Treasurer’s report and the transfer of $41,336.93 for District II be approved. Motions carried.

Pat Asked the Board for a decision concerning an invoice incurred by William Dolatta for water overage in the 2007 operating year. Pat and the Board discussed their options for collection of the amount due, and the Board decided to write off the invoice. The cost of pursuing collection of the invoice would not be financially beneficial to Buffalo Rapids. On a motion made by Jim Finneman and seconded by Scott Sackman it was

RESOLVED, That invoice number 2242 for the amount of $120.13 be written off the books of Buffalo Rapids Project in the case of William Dolatta.

All in favor, motion carried.

Pat or Dave will speak with the Buffalo Rapids Project attorney, Dale Hubber, concerning any legal procedures to insure that this would not be a problem for the project with any producer.

Pat Davis reported to the Board that Dawson County was having some problems with their software program. Assessment were not received until the end of May for April assessments. She expressed her concerns that the May assessments may not be received until after the next board meeting for June. The project has a pipe loan payment that can be made to Stockman Bank for EQIP pipe, but will not be paid until June assessments are received. Ron Pisk of Stockman Bank will be called and notified. There is no schedule of payment for this portion of the loan, but Pat has been paying the amount she receives in pipe for each District I EQIP project as she receives them on a monthly basis.


The members of the Board discussed the issue of setting the overage costs for the 2009 operating year. The Board did not want to increase the cost of overage at this time.
On a motion made by James Whitmer and seconded by Don Buxbaum for District I, and on a motion made by Jim Finneman and seconded by Barry Rakes for District II it was

RESOLVED:
Overage rates for would remain at $9.60 per acre foot for District I, and $9.80 per acre foot for District II, for operating year 2009.

All in favor, motion carried.

The matter of setting the 2010 water tax assessments was discussed. Pat Davis had available for the members of the Board an expense projection worksheet from Paul Strom & Associates, CPA to aid in the evaluation of the project for the purpose of setting the upcoming years taxes. Ric Holden did not feel that it was possible to review the subject in enough detail to make a decision the night of the Board meeting. Mr. Holden suggested to form a committee for this purpose. Jim Finneman made a motion, seconded by James Whitmer, to attend separate meetings for each District to discuss the setting of the upcoming year’s assessments. District I will meet on the 15th of June, and District II will meet on the 18th of June.

Pat also brought to the Board’s attention some problems that had occurred with the current health care provider, Associated Employers Insurance Benefit Group, and the employees over the age of 65. On a motion made by Ric Holden and seconded by James Whitmer, Pat will research the matter more with the health care provider and a medicare representative.



MANAGER’S REPORT:

Dave had talked with Dale Hubber, Buffalo Rapids Project attorney, and advised the members of the Board on the rules and regulations according to state law for holding closed sessions.

Dave reported to the Board that the U. S. Fish and Wildlife agreement had been signed for the one hundred thousand dollar grant for the fish screening project.

Dave informed the Board that the Glendive 2 pumps are about two weeks from completion. The Glendive 1 wiring is done on the valve motor, and they will be doing more work on the Fallon Relift. Mr. Brenner, who is the electrician for the pumps, has hooked up the protection for the Glendive pumps and will be back at a later date to finish the work on the Fallon Relift. Allen Gierke and his crew will lift up the other motor at Glendive II to make sure the grease line is still attached and working.

Dave informed the Board that the crew has been pouring turnouts and getting ready to work on the Martinson pipeline project. They already have the turnout in for the pipeline.

Dave has been working on the scope of work for the two Renewable Resource Grants that are in the works for the project.

Dave has been waiting for a signed copy of the crossing agreement from the Bureau of Reclamation for Burlington Santa Fe Railroad (BNSF). As soon as he receives the copies he will send the letter to BNSF concerning the increase in cost of the crossings.

Barry Rakes and Don Buxbaum expressed concerns about the amount of sprinklers that are now in operation on the project. The amount of use of water for the sprinklers, and in the event of a power outage, were discussed.

Ric Holden asked if there were any concerns with the employees or producers. Dave replied that he had received a few phone calls stating that they would like water to be available sooner in the year. Dave also informed the Board that if water were to be turned on sooner they would have to hire more crew and obtain more fire fighting equipment, or have the producer burn their own ditches. Ric Holden asked Dave if he had any concerns over the budget over the last thirty days. Dave responded that Buffalo Rapids is on a very tight budget, and that the bookkeeper has informed them as such. The employees are trying to adhere to it as closely as possible.

Ric Holden presented to all Board members a typewritten document with an outline of a managers report and what he viewed should be given every month. Ric Holden stood in objection of the managers report given by Dave Schwarz.

Ric Holden made a motion seconded by James Whitmer to have available next meeting an action plan for each pipeline that is current or to be completed by Buffalo Rapids Project for the next two years.

6 in favor, 1 against, motion carried.

Ric Holden wanted clarification on the approving of expenditures. He stated that he would like to approve expenditures for the project before the items were bought. Mr. Holden stated that he would like to see more of an explanation of expenditures and more control of purchased items for the project. At this time each member of the Board is given at the meeting a written report of all expenses for the month and a general description of what the item is bought for. All claim forms are present for all Board members to view if so desired with a detailed spreadsheet of that expense.

Ric Holden had concerns about the ability of employees to purchase personal items under Buffalo Rapids account. All employees then reimburse the project for the items that they purchase. Dave Schwarz commented that the employees of Buffalo Rapids Project have been able to purchase personal items then reimburse the project since before he became the manager of the project.

Ric Holden also had concerns about the spending authority of the project manager, Dave Schwarz. At this time the project manager has no limit on spending for the project. Resolution 2008-06 was passed on September 09, 2008 to reflect as such.

Don Buxbaum brought to Dave’s attention that he was approached by Farmers Elevator that there is some chemical to be picked up that has been billed out and paid for. Dave stated that he would look into it.

Next meeting will be held on July 08, 2008, at 12:00p.m.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Project Board of Control adjourned.


ATTESTED:

________________________________ ____________________________________
David J. Schwarz, Secretary Ray Roethle, President

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