MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
July 08, 2009
The Third Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Eighth day of July, 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 Scott Sackman, to approve the minutes from the June 10, 2009 meeting.
FINANCIAL REPORT:
Pat Davis presented current budget figures which included payroll and expenditures for July. 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. A transfer sheet was also signed for District I to transfer funds of $10,756.96 for the payment of pipe purchased due on Stockman Bank Loan. DI signed the transfer sheet for the biannual payment of the DNRC construction loan for $30,438.81.
James Whitmer made a motion, seconded by Don Buxbaum, to approve the Treasurer’s report and the transfer of $72,283.78 for District I. Jim Finneman made a motion, seconded by Scott Sackman, that the Treasurer’s report and the transfer of $51,363.46 for District II be approved. Motions carried. A transfer sheet was also signed for District I to transfer funds of $2,106.88 for the payment of pipe purchased due on Stockman Bank Loan.
Pat presented to the Board a copy of the MCA code 85-7-1902 section 4 concerning the management of district by board. The code states that the Board shall pass or adopt bylaws and rules for the apportionment and distribution of water to the lands of the district and for the protection of the works and other property of the district, and the board may therein require the prompt payment of all current and delinquent taxes and assessment and other financial obligations owing the district as a prerequisite to water service. The Board is concerned that through the sale of land within the district some financial obligations due to Buffalo Rapids may be uncollectible. The Board has decided to pass a bylaw stating that the financial obligation will remain with the land when sold. They have agreed to have attorney Dale Huber construct the resolution for the Project. The finished wording of the resolution will be available for review within the next meetings minutes. On a motion made by James Whitmer and seconded by Barry Rakes. All in favor, motion carried.
Pat relayed information that she had gathered concerning the issue of working retirees of Buffalo Rapids Project. Any employee that is 65 years or older is currently covered under the current insurance carrier, Associated Employers Insurance Benefit Group. Those employees are now Medicare eligible and Associated Employers Insurance Benefit Group will only cover 20% of any incurred costs. Pat asked, on the employee’s behalf, if the Board would pay for the working retiree’s current policy and a Medicare part B plan. Buffalo Rapids has currently 3 working retirees. Barry Rakes stated that he felt Buffalo Rapids should cover these employees’ extra cost of Medicare part B. Barry Rakes made a motion seconded by Scott Sackman to pay for any additional costs of insurance for Medicare part B for the working retirees of Buffalo Rapids Project. A show of hands was called for by President Roethle with 2 in favor and 5 against. Motion failed. The members of the Board discussed the issue and decided that if the employee was 65 and their dependents are also 65 the project will drop them from our current insurance and pay for their Medicare and supplemental insurance coverage as long as the costs do not exceed the cost of their current premium with the insurance carrier at the time. Those employees that are 65 and have dependents that are not 65 will not receive any payment for Medicare until their dependents reach the age of 65 also. On a motion made by Jim Finneman and seconded by James Whitmer it was
RESOLVED:
Buffalo Rapids will pay for Medicare and a supplemental insurance for employees and their spouses if both are over the age of 65, not to exceed the current cost of health care provided by Buffalo Rapids Project.
5 in favor 2 against, motion carried.
Pat informed the Board that the audit report from Paul Strom and Associates was available for member review.
The members of the Board asked that all employees and the bookkeeper write on all credit card receipts a detailed description as to what the purchase was for. Currently the claim form shows what account the charge was debited to.
MANAGER’S REPORT:
Dave reported to the Board that he will be attending a Fish Screening Project meeting at the end of the month.
Dave informed the Board that the Glendive 2 pumps are done and hope to install by the end of the week. The Glendive 1 plant pump number 3vavle motor blew a fuse when Western Area Power had an outage. The pump is now back on line, and they have purchased extra fuses in case of another occurrence.
Dave informed the Board that the crew is continuing pouring turnouts and are on the last one. The crew has moved the pipe to the site for the Martinson pipeline project. They are waiting for an opportunity to start the pipeline project since water is running for his irrigation.
Dave has been working with Dave Winchell on getting the plans completed for Lateral 2.9, and Lateral 7.6. They are also working together on the pipeline lateral 19.3 that has had problems in the past. It is believed to be a problem with air in the pipeline and will try and figure out exactly where the air is trapped.
Dave reported to the Board that they plan on getting two crews going to work on pipelines. One crew will be working on the Martinson pipeline and another crew will be working on Lateral 34.5.
Dave has sent Burlington Northern Santa Fe Railroad a letter stating the concerns the project has with the increase in costs projected for the crossing agreements with Buffalo Rapids Irrigation. The crossing agreements have been paid for the current year to alleviate any further finance charges.
Dave spoke with the Board concerning Duane Lassle and receiving water on his land. Currently Mr. Lassle is receiving waste water of Jim Finneman’s. Duane spoke with Mr. John McCully and asked him if they could go through his land to provide water to Mr. Lassles’ acres. Mr. McCully would not allow Buffalo Rapids to do this. Dave spoke with attorney, Dale Hubber on the subject and he advised Dave of state statute stating that Buffalo Rapids has access to any land for the purpose of delivering water. Dave was directed to sign the PL566 permit for the District to go forward with providing water to Mr. Lassle.
Dave relayed to the members of the Board that M.R.R.I.C. is working on Intake. C.O.E. is making M.R.R. funds available for work in the Yellowstone River to enhance spawning efforts of the pallid sturgeon and increase shallow water habitat.
Dave asked for the Board’s approval to proceed with a grant that Buffalo Rapid has received for fifteen thousand dollars. The grant would be used for the planning portion of a grant to monitor spillways from the office of Buffalo Rapids. The members of the Board agreed that Dave should go ahead with the planning portion of this grant.
Dave reported to the Board the progress of house and senate bills that pertain to 2009 water issues that are now in legislation.
Dave passed to all members of the Board copies of a projection and analysis report on all upcoming pipelines, and pipelines under construction. He explained in detail the reports and the projected completion for the projects. Dave also informed the Board that he has asked the N.R.C.S. to wait on any pending pipelines until Buffalo Rapids is a little more caught up and able to take on more work.
President Roethle passed to all members of the Board a letter that he had received from Dale Hellman, the current insurance representative of Buffalo Rapids. The letter reviewed the policy of the Errors and Omissions/ Wrongful Acts portion. Mr. Hellman advised that if the district plans to take any adverse action against any of its employees, the district is required to notify the Personal Services Administrator, Jack Holstrom, prior to any action. Failure to comply with this requirement can result in a forfeiture of coverage if the employee comes back against the District. The Board discussed the issue of rumors that have been circulating within the Districts.
Mr. Ric Holden was asked to wait with any business that he had until next meeting by President Roethle. Mr. Holden asked that what new business he had be put on the agenda for the next meeting. The Board agreed that that could be done. Mr. Holden also asked that the meeting be moved to 7:00 pm. On a motion made by James Whitmer and seconded by Ric Holden the meeting time will be changed from 8:00 PM to 7:00 PM.
Next meeting will be held on August 12, 2008, at 7:00p.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
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
July 08, 2009
The Third Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Eighth day of July, 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 Scott Sackman, to approve the minutes from the June 10, 2009 meeting.
FINANCIAL REPORT:
Pat Davis presented current budget figures which included payroll and expenditures for July. 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. A transfer sheet was also signed for District I to transfer funds of $10,756.96 for the payment of pipe purchased due on Stockman Bank Loan. DI signed the transfer sheet for the biannual payment of the DNRC construction loan for $30,438.81.
James Whitmer made a motion, seconded by Don Buxbaum, to approve the Treasurer’s report and the transfer of $72,283.78 for District I. Jim Finneman made a motion, seconded by Scott Sackman, that the Treasurer’s report and the transfer of $51,363.46 for District II be approved. Motions carried. A transfer sheet was also signed for District I to transfer funds of $2,106.88 for the payment of pipe purchased due on Stockman Bank Loan.
Pat presented to the Board a copy of the MCA code 85-7-1902 section 4 concerning the management of district by board. The code states that the Board shall pass or adopt bylaws and rules for the apportionment and distribution of water to the lands of the district and for the protection of the works and other property of the district, and the board may therein require the prompt payment of all current and delinquent taxes and assessment and other financial obligations owing the district as a prerequisite to water service. The Board is concerned that through the sale of land within the district some financial obligations due to Buffalo Rapids may be uncollectible. The Board has decided to pass a bylaw stating that the financial obligation will remain with the land when sold. They have agreed to have attorney Dale Huber construct the resolution for the Project. The finished wording of the resolution will be available for review within the next meetings minutes. On a motion made by James Whitmer and seconded by Barry Rakes. All in favor, motion carried.
Pat relayed information that she had gathered concerning the issue of working retirees of Buffalo Rapids Project. Any employee that is 65 years or older is currently covered under the current insurance carrier, Associated Employers Insurance Benefit Group. Those employees are now Medicare eligible and Associated Employers Insurance Benefit Group will only cover 20% of any incurred costs. Pat asked, on the employee’s behalf, if the Board would pay for the working retiree’s current policy and a Medicare part B plan. Buffalo Rapids has currently 3 working retirees. Barry Rakes stated that he felt Buffalo Rapids should cover these employees’ extra cost of Medicare part B. Barry Rakes made a motion seconded by Scott Sackman to pay for any additional costs of insurance for Medicare part B for the working retirees of Buffalo Rapids Project. A show of hands was called for by President Roethle with 2 in favor and 5 against. Motion failed. The members of the Board discussed the issue and decided that if the employee was 65 and their dependents are also 65 the project will drop them from our current insurance and pay for their Medicare and supplemental insurance coverage as long as the costs do not exceed the cost of their current premium with the insurance carrier at the time. Those employees that are 65 and have dependents that are not 65 will not receive any payment for Medicare until their dependents reach the age of 65 also. On a motion made by Jim Finneman and seconded by James Whitmer it was
RESOLVED:
Buffalo Rapids will pay for Medicare and a supplemental insurance for employees and their spouses if both are over the age of 65, not to exceed the current cost of health care provided by Buffalo Rapids Project.
5 in favor 2 against, motion carried.
Pat informed the Board that the audit report from Paul Strom and Associates was available for member review.
The members of the Board asked that all employees and the bookkeeper write on all credit card receipts a detailed description as to what the purchase was for. Currently the claim form shows what account the charge was debited to.
MANAGER’S REPORT:
Dave reported to the Board that he will be attending a Fish Screening Project meeting at the end of the month.
Dave informed the Board that the Glendive 2 pumps are done and hope to install by the end of the week. The Glendive 1 plant pump number 3vavle motor blew a fuse when Western Area Power had an outage. The pump is now back on line, and they have purchased extra fuses in case of another occurrence.
Dave informed the Board that the crew is continuing pouring turnouts and are on the last one. The crew has moved the pipe to the site for the Martinson pipeline project. They are waiting for an opportunity to start the pipeline project since water is running for his irrigation.
Dave has been working with Dave Winchell on getting the plans completed for Lateral 2.9, and Lateral 7.6. They are also working together on the pipeline lateral 19.3 that has had problems in the past. It is believed to be a problem with air in the pipeline and will try and figure out exactly where the air is trapped.
Dave reported to the Board that they plan on getting two crews going to work on pipelines. One crew will be working on the Martinson pipeline and another crew will be working on Lateral 34.5.
Dave has sent Burlington Northern Santa Fe Railroad a letter stating the concerns the project has with the increase in costs projected for the crossing agreements with Buffalo Rapids Irrigation. The crossing agreements have been paid for the current year to alleviate any further finance charges.
Dave spoke with the Board concerning Duane Lassle and receiving water on his land. Currently Mr. Lassle is receiving waste water of Jim Finneman’s. Duane spoke with Mr. John McCully and asked him if they could go through his land to provide water to Mr. Lassles’ acres. Mr. McCully would not allow Buffalo Rapids to do this. Dave spoke with attorney, Dale Hubber on the subject and he advised Dave of state statute stating that Buffalo Rapids has access to any land for the purpose of delivering water. Dave was directed to sign the PL566 permit for the District to go forward with providing water to Mr. Lassle.
Dave relayed to the members of the Board that M.R.R.I.C. is working on Intake. C.O.E. is making M.R.R. funds available for work in the Yellowstone River to enhance spawning efforts of the pallid sturgeon and increase shallow water habitat.
Dave asked for the Board’s approval to proceed with a grant that Buffalo Rapid has received for fifteen thousand dollars. The grant would be used for the planning portion of a grant to monitor spillways from the office of Buffalo Rapids. The members of the Board agreed that Dave should go ahead with the planning portion of this grant.
Dave reported to the Board the progress of house and senate bills that pertain to 2009 water issues that are now in legislation.
Dave passed to all members of the Board copies of a projection and analysis report on all upcoming pipelines, and pipelines under construction. He explained in detail the reports and the projected completion for the projects. Dave also informed the Board that he has asked the N.R.C.S. to wait on any pending pipelines until Buffalo Rapids is a little more caught up and able to take on more work.
President Roethle passed to all members of the Board a letter that he had received from Dale Hellman, the current insurance representative of Buffalo Rapids. The letter reviewed the policy of the Errors and Omissions/ Wrongful Acts portion. Mr. Hellman advised that if the district plans to take any adverse action against any of its employees, the district is required to notify the Personal Services Administrator, Jack Holstrom, prior to any action. Failure to comply with this requirement can result in a forfeiture of coverage if the employee comes back against the District. The Board discussed the issue of rumors that have been circulating within the Districts.
Mr. Ric Holden was asked to wait with any business that he had until next meeting by President Roethle. Mr. Holden asked that what new business he had be put on the agenda for the next meeting. The Board agreed that that could be done. Mr. Holden also asked that the meeting be moved to 7:00 pm. On a motion made by James Whitmer and seconded by Ric Holden the meeting time will be changed from 8:00 PM to 7:00 PM.
Next meeting will be held on August 12, 2008, at 7:00p.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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