MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
October 14, 2009
The Sixth Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Fourteenth day of October, 2009, at 8:00 p.m.
There were present and participating at the meeting:
Don Buxbaum
Ray Roethle
Scott Sackman
Jim Finneman
Barry Rakes
James Whitmer
Also present and participating were, Pat Davis, Assistant Secretary, Kay Braddock; Terry Tribune, Bill Lingerfelt; International Union Representative, Al Ekblad; Union Representative Local 400, Bob Lindvig, Lynn Wittmayer, Mark Haas, Brian Rakes, Doug Hjorth, Allen Ollerman, Allen Gierke, Deb Schwarz.
President Ray 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.
Lynn Wittmayer addressed the Board because of some concerns with the Board. She spoke of the days in the past of water rationing for the producers. She stated that in the last few years there has been no water rationing. She feels that it is because of the pipelines that Dave has implemented, and the employees that Dave has working under him. Mrs. Wittmayer stated that because Dave has put the pumps on a regular maintenance schedule the project has not had the problems that they had in the past. She stated that Dave has been very successful in applying for grants and receiving money for improvements to the Project. Lynn Wittmayer explained to the Board that she didn’t know how the Project could run without the wealth of knowledge, and experience, from Dave Schwarz and the employees. She stated that her biggest fear is that through all the suspicions being brought up Buffalo Rapids will lose employees. Mrs. Wittmayer stated that she had talked with Lower Yellowstone Irrigation about their incurred costs of their irrigation project having to only pump about ten percent of their water, and sited the differences that Buffalo Rapids has having to pump one hundred percent of their water. Lynn Wittmayer stated that if Dave had not acquired the money from the grants for pipelines, and implemented it so the pumps work better that they used to she didn’t know where they would be today. She expressed to the Board that maybe they need to raise assessments more, because she would hate to lose what they have.
Mark Haas addressed the Board that he would like to thank Dave for the job he has done. He stated that without the pipelines and Dave’s grant writing they would have a lot harder of a time. He stated to the Board that he does not understand why the Board is fighting the union and the employees that want to join. Mr. Haas stated to the Board that he had hoped Mr. Holden was present, because he felt that Mr. Holden should resign for his actions of going to the press. Mr. Finneman stated that he had heard that the press had gone to Mr. Holden. Mr. Rakes explained to Mr. Finneman that he had contacted the Ranger Review newspaper, and confirmed that Mr. Holden had contacted them for an article.
Bob Lindvig addressed the Board and stated that they need to come together and heal. He stated that if they could help them calm down and work together they would.
Mr. Allen Ollerman stated to the Board that it seemed to him that the Board is causing a lot of chaos, and no work is getting done, and could not see where the Board is improving anything. He expressed to the Board that they are getting everyone upset and running scared. The one he wanted to address was not at the Board meeting. He would like them to address business and what they are going to do to make more money. He stated that Buffalo Rapids has no place to get money except from the producer, and it then takes a year to get that money. He didn’t believe that the Board was going forward. He expressed to the Board that he didn’t want anything to do with the union. He stated that the pipelines need to go in, and that would get rid of the maintenance. He commented that he would like to see the whole project in pipelines, and that if the Board let Dave do his job he would probably find the money to do it. Don Buxbaum stated that they have to raise the assessments and that he has had to make some decisions that he didn’t like, but they did not have a choice. Allen asked about the pipe and the projects yet to be done. Dave explained how much money that they will have coming in when the pipeline projects are completed. Ray Roethle stated that the pipelines that have been approved are scheduled to go in. James Whitmer stated to Allen that the assessments will go towards the payment of the one hundred and ninety thousand dollar debt. Mr. Ollerman stated that he believed that the economy is a contributing factor to the debt. Mr. Ollerman stated to the Board that his concern is that everybody is fighting and nothing is getting done, and nobody has an answer other than raising assessments. He stated it’s costing more money to do audits, and in employees that don’t want to be here. If they have to start replacing them it will cost more money. The Project is broke they need to be careful. He also stated that his biggest gripe is with the person that isn’t here. Mr. Ollerman stated that if they need to circulate a petition he would do that.
Mr. Doug Hjorth spoke to the Board about his support for Dave Schwarz. He cited the improvements Dave has implemented on his farm. He stated that he believed that the improvements have increased the value on their land. He also stated to the Board that he felt that they were very fortunate to have the employees that they do. He stated that he did not believe the union is a good thing, but he believed that it could have been prevented with a pat on the back, and that they are an asset not a problem.
Mr. Mark Haas asked how much of an increase an acre in assessment that they were looking at. Mr. Don Buxbaum stated that they were working on a presentation to the producers for November 3, 2009 meeting that would explain things. Mr. Buxbaum stated to the producers present that he believed it was unfair for all of them to come to the meeting together without the rest of the producers. He did not know how the meeting had come about, or how they were contacted, but a lot of producers in his area wanted to come or comment. Mr. Haas asked Mr. Buxbaum if they were free to come to any meeting. Mr. Buxbaum stated that yes they were. Mr. Roethle stated that he hopes all the producers come to the November 3, 2009 meeting and say the same that they said that night. Mr. Buxbaum stated that he wants all input at the meeting. Mr. Lindvig stated that the producers present came because of the concerns that they have, and he felt that the November meeting will be well attended.
Mr. Allen Gierke, machine shop forman, wanted to state for the record that the employees did not want to join a union; they felt like it was their last resort. Dave Schwarz, as the manager, is the employees’ only protection, and they felt that Dave was possibly getting pushed out. The employees felt that if that happened the union would be their only protection.
Mr. Roethle asked if there was anyone else if they had anything else to say. Mr. Brian Rakes stated to the Board that he was there is support of Dave Schwarz and the employees. He stated that he felt that Dave and the employees are doing a good job. He said that the water needs to come on sooner, and the ditches need cleaned, but that is stuff they can work out later. He stated that Dave has done a lot since he’s come here in starting the machine shop. He stated that he would hate to see what the bill would be if Buffalo Rapids did not have the machine shop, and every year the pumps would go down, and Dave figured that out. He stated to the Board that he felt that the Board was messing up.
After approximately one hour and twenty minutes of corrections to all minutes, Scott Sackman made a motion, seconded by Jim Finneman, to approve the minutes, with corrections, from the August 19, 2009 District II meeting. All in favor. Approval with corrections for the August 19, 2009 District I meeting. All in favor. Jim Finneman made a motion, seconded by James Whitmer, to approve the minutes, with correction, from the September 09, 2009 meeting. All in favor. James Whitmer made a motion, seconded by Jim Finneman, to approve the minutes, with correction, from the September 21, 2009 meeting. All in favor. Barry Rakes made a motion, seconded by James Whitmer, to approve the minutes, with correction, from the September 25, 2009 meeting. All in favor.
FINANCIAL REPORT:
Pat Davis presented current budget figures which included payroll and expenditures for October. 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. Forms were also given for the transfer of funds to District I for the wage reimbursement of the canal automation grant in the amount of $5,708.40. On a motion made by Jim Finneman and seconded by Barry Rakes it was approved. All in Favor.
James Whitmer made a motion, seconded by Don Buxbaum, to approve the Treasurer’s report and the transfer of $41,045.87 for District I. Jim Finneman made a motion, seconded by Scott Sackman, all in favor, that the Treasurer’s report and the transfer of $27,776.38 for District II be approved. Motions carried.
Pat informed the Board of Commissioners that the overage for the year was not as much as years previous. She will complete the overage invoicing later, after the producers have time to thoroughly look over their water statements.
Pat informed the Board of the financial situation of Buffalo Rapids at this time. She relayed to the members of the Board that the amount in bills for the month really reflects how much the employees of the Project are trying to save. She also informed the Board that since there is going to be a lot of work done solely in District I; she will be allocating wages for two employees solely out of District I. Dave informed the Board that there is a grant project that they will be working on in District I, so the wages will be paid for out of that grant eventually. The funds left in each District at the end of October are not substantial enough to carry the Project until the end of the year.
Pat asked both the Districts for a decision for what they would like to do for the month of November. She informed them of the options that she could foresee. Option one would be for District I to acquire a loan from a bank, which Mrs. Davis informed them that she believed, would be difficult. Option two would be for District I to borrow from District II, which would eventually lead to District II taking out of their reserves. Pat informed both Districts that there is money to come in, but it is not determined when those invoices will be paid by the producer. Pat Davis asked the Board to let her know before the next scheduled Board meeting so she could have the forms prepared and transfers ready. Pat advised the Board that she did not believe they had raised assessments enough. She believed that the Board did not heed her advice when they set assessments for the upcoming year, and with the Board’s decision to do that they will fall short in the upcoming year. There was much discussion between the Board about possible upcoming complications due to economy. Producers are struggling with money, so Buffalo Rapids does not receive payment on invoices and taxes as timely as needed. Pat left it to the Board to decide what and when they want to decide to do for the month of November, but advised them that she will need to know by the end of the month.
James Whitmer talked with the Board about a resolution that attorney Dale Hubber had drawn up to insure the payment of any money owed to the Project. Mr. Whitmer talked with Mr. Hubber about the resolution at length. Mr. Whitmer wanted to be ensured that the resolution would guarantee that payment owed. He stated that Mr. Hubber agreed that the resolution that he had drawn up could not ensure that payment, but was a step in the right direction. Mr. Dave Schwarz suggested that Montana Code Annotated may need to have a code designed to insure payment to an irrigation project in that scenario. After much discussion and on a motion made by Barry Rakes, and seconded by James Whitmer it was resolved to adopt resolution 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. All in favor, motion carried.
Bill Lingerfelt, international representative for the union local 400, addressed the Board that Buffalo Rapids could voluntarily recognize the union. He spoke to the Board about the cost associated with hiring a lawyer to deal with the union, and that he felt Buffalo Rapids did not have to do that. He told the Board that a very large majority of the employees had signed cards with the union, so a ballot election, he felt, would not be necessary. Barry Rakes asked how long the process could take if they did not recognize the union voluntarily. Mr. Lingerfelt stated that if they recognized the union today, they could be setting at the negotiation table within fifteen days. Mr. Al Ekblad, local representative of the union local 400, addressed the Board that union could be beneficial to both sides because it sets rules. Mr. Ekblad stated to the Board that he had been approached to speak with the local paper to comment on several different occasions. He has not spoken with the paper, because he did not want to escalate the issue with the Board. He also spoke with the Board that he realized that they do not have an experience with union issues, and there have been some questionable practices already, but they have not files against the Board. The union would like to move forward and create a positive relationship with the Board. Mr. Ekblad encouraged the Board to reconsider accepting voluntary recognition of the union again. Mr. Barry Rakes asked if it was true that, what the union asked for at the bargaining table is only what the employees asked them for. Mr. Ekblad and Mr. Lingerfelt both agreed that that statement was true. The union does not tell the employee that they have to ask for higher wages and such. Mr. Ekblad informed the Board that the employees came to him; he was not out looking for an irrigation district to bring into the union. The union did not create the problems with the Board. Mr. Lingerfelt expressed that the union negotiations would more than likely consist of Al Ekblad and himself, and a representative of the Board with the manager of the Project. Mr. Schwarz expressed to the Board that he has had approximately twenty-one years of experience dealing with unions. The majority of the producers left at this time.
MANAGER’S REPORT:
Dave informed the Board that he had been contacted by the Montana Department of Transportation to do some work with the excavator on the bridge north of Terry. The Board agreed that they need to keep a good working relationship with the counties and the state. They agreed that Buffalo Rapids should let the Montana Department of Transportation use the excavator at the regular rate.
Dave stated to the Board that the crew is busy pumping out pipelines and closing down for the year on the ditch. The crew is also preparing sites for pipeline conversions this fall. They are moving equipment to the job sites to start those projects. Mr. Whitmer asked if the Buffalo Rapids crew pumps out all the pipelines, and the possibility of the producers doing it themselves. Mr. Schwarz stated to the Board that the crew does the pumping so there is less of a chance of damage to the pipelines if one gets missed and it freezes.
Dave reported to the Board that they have finished the Martinson pipeline, and the bill was received at the office that day. The crew will be closing Lateral 3.2 and 34.5 tomorrow. They will start on Lateral 3.2 this coming week, and then when completed they will start on the Wittmayer pipeline.
Allen Gierke and Strad Benjamin are busy disconnecting motors on the pumps to come out, and Glendive 2 plant. They are pulling the motors out of the water for the winter to try and eliminate damages next year. The machine shop crew will pull three motors in Terry, one in Fallon, and possibly more that need work.
Dave informed the Board that the fish screening project plans will be drawn up next week. They will then build a coffer dam and begin to proceed with that portion of the project.
It was reported that there is no report received from the CPA and the agenda item could not be discussed.
Mr. James Whitmer addressed the Board about the subcommittee recommendations. He informed the members of the Board that John Andrews, the election administrator, had made a determination of the counter petition. Mr. Dave Schwarz, Kelly Hubbert, and Jamie Larsen would not be allowed into the union. Mr. Tim Kortum, Mr. Allen Gierke, and Mrs. Pat Davis would be allowed into the union. The subcommittee suggested to the Board that they should not pursue the issue further. James Whitmer asked the Board if they would like him to contact John Andrew stating that suggestion. On a motion made by James Whitmer, and seconded by Don Buxbaum it was resolved
RESOLVED:
To contact John Andrew, election administrator, to indicate that Buffalo Rapids is not willing to pursue the counter petition for the union to hearing stage.
All in Favor.
Motion Carried.
Mr. Whitmer also reported to the Board that the subcommittee suggested a lawyer by the name of Steve Lehmen, on the advice of Associated Employers Benefit Group. James Whitmer also stated that the cost of his services would be at an hourly rate of $255.00 per hour, with a $5,000.00 retainer. Any unused portion of the retainer would be reimbursed if not used.
Mr. Barry Rakes asked if the subcommittee had looked into the open meeting laws. Mr. James Whitmer stated that they did not actually have a meeting. Mr. Schwarz asked how they had come to a recommendation without a meeting. Mr. Jim Finneman stated that they were never all together at any one time because they had talked over the phone, and the subcommittee was formed for informational recommendation purposes only. Mr. Ray Roethle stated that they could not make any decisions only recommendations. Mrs. Kay Braddock, Terry Tribune, stated that the subcommittee had made decisions for recommendations to the Board, and that is a clear violation of open meeting laws. Mr. Jim Finneman stated that through the people that he had contacted about open meeting laws, it was a gray area whether it is a violation of open meeting laws to meet via phone conversation. Mr. Rakes stated that the subcommittee had violated open meeting laws when they had their first meeting concerning the union and the employees. Mr. Rakes stated that he had talked to Dale Hubber, Buffalo Rapids Attorney, and Dale Hubber stated that he felt that the subcommittee needs minutes and publication. Mr. Hubber also informed Mr. Rakes that he had talked to another attorney for the cities and towns, and that attorney agreed that the subcommittee needed to have notice of a meeting, and minutes of a meeting. Mr. Rakes explained the reason is because if they do not have notice and minutes, a committee can get around the open meeting law by forming a subcommittee. Mr. Finneman explained that he had tried to get a hold of many different people before the first subcommittee meeting. Mr. Rakes asked why he hadn’t called Dale Hubber, Buffalo Rapids Attorney. Mrs. Braddock stated that there are ramifications for violating open meeting laws. Mr. Schwarz stated that it is considered official misconduct. Mr. Finneman explained that the subcommittee was up against a time line before the first meeting and he had tried to find out before that meeting. Mr. Rakes stated that he had changed his mind and wanted to attend the first subcommittee meeting. He called Pat Davis, Bookkeeper, because the subcommittee was supposed to get back to her and let her know if she was supposed to post the meeting or take minutes. Mrs. Davis stated that no one had ever called her and let her know. Mrs. Braddock asked if the subcommittee met in person or over the phone. Mr. Finneman stated that they did meet for the first meeting, and met over the phone for the second meeting. Mr. Finneman stated that he did what he felt was right.
Mr. Schwarz stated to the Board that he was irritated that they had brought in a fraud detection expert through the guise of looking at the books, and he felt that some individuals owed him an apology that were involved in that decision. Mr. Barry Rakes, and Mr. Scott Sackman apologized to Dave Schwarz. Mr. Ray Roethle expressed that he felt that the CPA had brought some good information. Mr. Schwarz and Mr. Rakes stated that was not the point. Mr. Schwarz explained that the CPA was brought here to look into fraud specifically on his and Pat Davis’s part. Mr. Schwarz explained that if they want to build trust with him and the employees, they are never going to do it with that kind of behavior. Mr. Finneman stated that the CPA brought in some good points. Mrs. Davis and other members of the Board expressed that was not the point and that they are close to ruining reputations. Mrs. Davis expressed her displeasure that bringing in the CPA for fraud detection was an insult, and she had worked hard to build her reputation as a bookkeeper. Mr. Rakes stated that when the decision was made to have the CPA come in, there was nothing mentioned about fraud detection. Mrs. Davis stated that Mr. Ric Holden brought to the Board that a CPA be brought in to see where the project sits financially, but the CPA was there to also look for any signs of fraud. Don Buxbaum stated that his understanding was that the CPA was there for an audit, not fraud detection. Mrs. Davis stated that how the CPA’s contract reads, Mr. Holden knew how much the CPA was going to cost and what she was expected to do when she came, and she believed that Mr. Holden lied to them. Mr. Whitmer stated that he would like to publically apologize to Mrs. Pat Davis for any misconceptions that he may have put forth at the special meeting held for the CPA’s findings. Mrs. Deb Schwarz asked where the apology was for Dave. She stated to the Board that the Board had to have known why the CPA had been brought in. The members of the Board stated that they did not know that there was going to be any fraud detection auditing done by the CPA. Dave expressed to the Board that he has heard many rumors that the some members of the Board have accused him of embezzling money from Buffalo Rapids. Mrs. Braddock confirmed that she has heard that rumor also. Mr. Schwarz expressed that he is tired of it. Mr. Finneman stated that the pickup brought up a lot of stuff. Mr. Rakes stated that the pickup was dealt with two years ago. Mr. Finneman asked Mr. Schwarz if he was ever offered a job at Milk River Irrigation Project. Mr. Schwarz stated that yes he was offered a job. Mrs. Pat Davis asked Mr. Finneman if he felt Dave had lied about being offered the position. Mr. Finneman circulated for the Boards review an email that was sent to him from Jennifer Brandon, Project Manager for Milk River Joint Board of Control, after inquiries from Mr. Finneman. The email, in paraphrase, states that Jennifer Brandon feels confident in stating that the Milk River Joint Board of Control did not offer Mr. Schwarz a position with the Board in 2004. Mr. Schwarz stated that he was offered a position, the Bureau of Reclamation knows, and that the email received was not true. Mr. Rakes asked Mr. Jim Finneman why he would check into that. Mr. Finneman stated that his name was mentioned in a written statement prepared by Mr. Schwarz concerning the black pickup and the offer at Milk River Join Board of Control. Mr. Schwarz expressed that if that if this is the way the Board feels then he is prepared to give his resignation right now. He stated to the Board that he has had enough, and wants a decision right now, either they want him or things need to stop and weed some of the trash off the Board. Mr. Roethle stated that Dave was out of line. Dave replied, O.K. then, here is my letter of resignation, he will be at Buffalo Rapids until January 15, 2009 and complete the four projects that he has in place, and then he will be done. He addressed the Board that if this is the way that Buffalo Rapids is going to be run, he wants no part of it. Mr. Dave Schwarz left the meeting at that time.
Mr. Brian Rakes stated to the Board that he hopes they have a plan. Mrs. Braddock stated that they have had a good manager for nineteen years, and if they can show her the fraud she will put it in the paper. Mr. Brian Rakes stated that they have just lost all of their contacts that Dave has. She stated that she has heard from people coming into her office that Dave is stealing from Buffalo Rapids, and that individuals on the Board have said it. She expressed that they will not find a Dave Schwarz again. She stated to Mr. Jim Finneman that she laid the responsibility of Dave’s resignation on him. Mr. Roethle addressed Mrs. Braddock that she was out of line. Mrs. Braddock continued to address the Board that what she felt what some of the members of the Board were doing was wrong. Mr. Finneman stated that there was more to come on the issues. Mrs. Braddock expressed that Mr. Finneman is a detriment to Buffalo Rapids. Mr. Barry Rakes stated that he did not believe Mr. Finneman was representing his division. Mrs. Braddock stated some of the improvements that Dave has brought to the Project, and felt that the Board was trying to destroy his character. She stated to Mr. Finneman that if he could show her the theft she would put it in the paper. Mr. Roethle tried to intervene on Mrs. Braddock, and she stated that she was not done. Mr. Roethle asked the members of the Board if they have heard anything of anybody accusing Dave of stealing anything. Mrs. Braddock stated that it may not have been mentioned at the Board meetings, but she has heard it at her office. Mr. Finneman asked who told her, and Mrs. Braddock replied that she would not reveal her sources. Mr. Finneman stated that Mr. Schwarz received the pickup on false pretences. Many individuals present expressed opposing views to Mr. Finnemans’ comment. Mr. Rakes stated that he did not know where they were going, but things just got worse. Mr. Finneman asked if Dave had the resignation already typed up. Mr. Roethle stated that he thought it had been coming for a long time. Mr. Rakes expressed that he felt that if there had been an apology for the accusation of fraud, Dave probably would not have resigned. Mr. Finneman stated that the CPA actually had some points. Mr. Rakes replied that was not the point. He said that the just the idea of it, she was brought in under false pretenses, and that is what makes him mad. Barry stated that when Mr. Holden brought it up to the Board there was no mention of a fraud audit. Mr. Finneman stated that he did not know about anything to do with fraud detection. Mr. Brian and Barry Rakes asked why he couldn’t apologize for it to Dave. Mr. Finneman stated again that the CPA brought up some good points. Mr. Barry Rakes stated that it had really made him upset that they had pulled in a fraud detection expert, and the issues with the subcommittee. Mr. Finneman apologized for the subcommittee, he felt that he tried to contact as many people as he could to get an answer. Barry Rakes asked him why he hadn’t contacted Dale Hubber, Buffalo Rapids Attorney. Mr. Finneman replied that he did not have a lot of faith in Dale Hubber. Mr. Don Buxbaum made a statement that he had contacted his lawyer and asked him about the open meeting laws concerning the subcommittee. His lawyer said to read their by-laws. It was determined that the Buffalo Rapids by-laws probably don’t cover that issue.
Pat Davis made copies of Dave Schwarz resignation for all present. Barry Rakes asked Jim Finneman if he had told people in his Division that Ron Pisk, President of Terry Stockamn Bank, insinuated that Buffalo Rapids was being mismanaged. Mr. Finneman replied that Ron Pisk only ever mentioned that the problem was with EQIP. He stated that is why he contacted Mr. Zuber. He stated that he has openly said that Dave has done some good things. He stated that he has set on the conservation board and sees a lot of stuff going to Dave. Mr. Finneman stated to the Board that double dipping is a federal offense.
Pat Davis informed the Board that Dave will not be performing the annual meeting. Ray Roethle asked if they should contact the insurance company pertaining to a letter that was sent to the Board in months’ previous concerning termination of employees. Mr. Bill Lingerfelt asked the Board if they had accepted Mr. Schwarz resignation. He stated to the Board that they did not have to decide tonight. Mr. Barry Rakes stated that the consensus of most of District II is that they want Dave to stay, Scott Sackman agreed. Lynn Wittmayer asked what it takes to get someone off the Board. Pat Davis advised her to talk to Dale Hubber, he could tell her exactly what would need to be done. Mr. Rakes stated to Mr. Finneman that there is always official misconduct, and he felt that Jim Finneman should resign for violation of open meeting laws. Mr. Roethle asked if there should be a vote for Dave’s resignation. Jim Finneman stated that maybe they should table the issue for the time being. Mr. Barry Rakes stated that he felt Jim Finneman was not representing his producers, maybe a few, but not all. It was decided to table the issue of Dave’s resignation until another meeting. Barry Rakes made a motion to adjourn, seconded by James Whitmer.
Next regular scheduled meeting will be held on November 11, 2009 at 3:00pm.
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:
________________________________ ____________________________________
Dave Schwarz, Secretary Ray Roethle, President
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
October 14, 2009
The Sixth Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Fourteenth day of October, 2009, at 8:00 p.m.
There were present and participating at the meeting:
Don Buxbaum
Ray Roethle
Scott Sackman
Jim Finneman
Barry Rakes
James Whitmer
Also present and participating were, Pat Davis, Assistant Secretary, Kay Braddock; Terry Tribune, Bill Lingerfelt; International Union Representative, Al Ekblad; Union Representative Local 400, Bob Lindvig, Lynn Wittmayer, Mark Haas, Brian Rakes, Doug Hjorth, Allen Ollerman, Allen Gierke, Deb Schwarz.
President Ray 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.
Lynn Wittmayer addressed the Board because of some concerns with the Board. She spoke of the days in the past of water rationing for the producers. She stated that in the last few years there has been no water rationing. She feels that it is because of the pipelines that Dave has implemented, and the employees that Dave has working under him. Mrs. Wittmayer stated that because Dave has put the pumps on a regular maintenance schedule the project has not had the problems that they had in the past. She stated that Dave has been very successful in applying for grants and receiving money for improvements to the Project. Lynn Wittmayer explained to the Board that she didn’t know how the Project could run without the wealth of knowledge, and experience, from Dave Schwarz and the employees. She stated that her biggest fear is that through all the suspicions being brought up Buffalo Rapids will lose employees. Mrs. Wittmayer stated that she had talked with Lower Yellowstone Irrigation about their incurred costs of their irrigation project having to only pump about ten percent of their water, and sited the differences that Buffalo Rapids has having to pump one hundred percent of their water. Lynn Wittmayer stated that if Dave had not acquired the money from the grants for pipelines, and implemented it so the pumps work better that they used to she didn’t know where they would be today. She expressed to the Board that maybe they need to raise assessments more, because she would hate to lose what they have.
Mark Haas addressed the Board that he would like to thank Dave for the job he has done. He stated that without the pipelines and Dave’s grant writing they would have a lot harder of a time. He stated to the Board that he does not understand why the Board is fighting the union and the employees that want to join. Mr. Haas stated to the Board that he had hoped Mr. Holden was present, because he felt that Mr. Holden should resign for his actions of going to the press. Mr. Finneman stated that he had heard that the press had gone to Mr. Holden. Mr. Rakes explained to Mr. Finneman that he had contacted the Ranger Review newspaper, and confirmed that Mr. Holden had contacted them for an article.
Bob Lindvig addressed the Board and stated that they need to come together and heal. He stated that if they could help them calm down and work together they would.
Mr. Allen Ollerman stated to the Board that it seemed to him that the Board is causing a lot of chaos, and no work is getting done, and could not see where the Board is improving anything. He expressed to the Board that they are getting everyone upset and running scared. The one he wanted to address was not at the Board meeting. He would like them to address business and what they are going to do to make more money. He stated that Buffalo Rapids has no place to get money except from the producer, and it then takes a year to get that money. He didn’t believe that the Board was going forward. He expressed to the Board that he didn’t want anything to do with the union. He stated that the pipelines need to go in, and that would get rid of the maintenance. He commented that he would like to see the whole project in pipelines, and that if the Board let Dave do his job he would probably find the money to do it. Don Buxbaum stated that they have to raise the assessments and that he has had to make some decisions that he didn’t like, but they did not have a choice. Allen asked about the pipe and the projects yet to be done. Dave explained how much money that they will have coming in when the pipeline projects are completed. Ray Roethle stated that the pipelines that have been approved are scheduled to go in. James Whitmer stated to Allen that the assessments will go towards the payment of the one hundred and ninety thousand dollar debt. Mr. Ollerman stated that he believed that the economy is a contributing factor to the debt. Mr. Ollerman stated to the Board that his concern is that everybody is fighting and nothing is getting done, and nobody has an answer other than raising assessments. He stated it’s costing more money to do audits, and in employees that don’t want to be here. If they have to start replacing them it will cost more money. The Project is broke they need to be careful. He also stated that his biggest gripe is with the person that isn’t here. Mr. Ollerman stated that if they need to circulate a petition he would do that.
Mr. Doug Hjorth spoke to the Board about his support for Dave Schwarz. He cited the improvements Dave has implemented on his farm. He stated that he believed that the improvements have increased the value on their land. He also stated to the Board that he felt that they were very fortunate to have the employees that they do. He stated that he did not believe the union is a good thing, but he believed that it could have been prevented with a pat on the back, and that they are an asset not a problem.
Mr. Mark Haas asked how much of an increase an acre in assessment that they were looking at. Mr. Don Buxbaum stated that they were working on a presentation to the producers for November 3, 2009 meeting that would explain things. Mr. Buxbaum stated to the producers present that he believed it was unfair for all of them to come to the meeting together without the rest of the producers. He did not know how the meeting had come about, or how they were contacted, but a lot of producers in his area wanted to come or comment. Mr. Haas asked Mr. Buxbaum if they were free to come to any meeting. Mr. Buxbaum stated that yes they were. Mr. Roethle stated that he hopes all the producers come to the November 3, 2009 meeting and say the same that they said that night. Mr. Buxbaum stated that he wants all input at the meeting. Mr. Lindvig stated that the producers present came because of the concerns that they have, and he felt that the November meeting will be well attended.
Mr. Allen Gierke, machine shop forman, wanted to state for the record that the employees did not want to join a union; they felt like it was their last resort. Dave Schwarz, as the manager, is the employees’ only protection, and they felt that Dave was possibly getting pushed out. The employees felt that if that happened the union would be their only protection.
Mr. Roethle asked if there was anyone else if they had anything else to say. Mr. Brian Rakes stated to the Board that he was there is support of Dave Schwarz and the employees. He stated that he felt that Dave and the employees are doing a good job. He said that the water needs to come on sooner, and the ditches need cleaned, but that is stuff they can work out later. He stated that Dave has done a lot since he’s come here in starting the machine shop. He stated that he would hate to see what the bill would be if Buffalo Rapids did not have the machine shop, and every year the pumps would go down, and Dave figured that out. He stated to the Board that he felt that the Board was messing up.
After approximately one hour and twenty minutes of corrections to all minutes, Scott Sackman made a motion, seconded by Jim Finneman, to approve the minutes, with corrections, from the August 19, 2009 District II meeting. All in favor. Approval with corrections for the August 19, 2009 District I meeting. All in favor. Jim Finneman made a motion, seconded by James Whitmer, to approve the minutes, with correction, from the September 09, 2009 meeting. All in favor. James Whitmer made a motion, seconded by Jim Finneman, to approve the minutes, with correction, from the September 21, 2009 meeting. All in favor. Barry Rakes made a motion, seconded by James Whitmer, to approve the minutes, with correction, from the September 25, 2009 meeting. All in favor.
FINANCIAL REPORT:
Pat Davis presented current budget figures which included payroll and expenditures for October. 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. Forms were also given for the transfer of funds to District I for the wage reimbursement of the canal automation grant in the amount of $5,708.40. On a motion made by Jim Finneman and seconded by Barry Rakes it was approved. All in Favor.
James Whitmer made a motion, seconded by Don Buxbaum, to approve the Treasurer’s report and the transfer of $41,045.87 for District I. Jim Finneman made a motion, seconded by Scott Sackman, all in favor, that the Treasurer’s report and the transfer of $27,776.38 for District II be approved. Motions carried.
Pat informed the Board of Commissioners that the overage for the year was not as much as years previous. She will complete the overage invoicing later, after the producers have time to thoroughly look over their water statements.
Pat informed the Board of the financial situation of Buffalo Rapids at this time. She relayed to the members of the Board that the amount in bills for the month really reflects how much the employees of the Project are trying to save. She also informed the Board that since there is going to be a lot of work done solely in District I; she will be allocating wages for two employees solely out of District I. Dave informed the Board that there is a grant project that they will be working on in District I, so the wages will be paid for out of that grant eventually. The funds left in each District at the end of October are not substantial enough to carry the Project until the end of the year.
Pat asked both the Districts for a decision for what they would like to do for the month of November. She informed them of the options that she could foresee. Option one would be for District I to acquire a loan from a bank, which Mrs. Davis informed them that she believed, would be difficult. Option two would be for District I to borrow from District II, which would eventually lead to District II taking out of their reserves. Pat informed both Districts that there is money to come in, but it is not determined when those invoices will be paid by the producer. Pat Davis asked the Board to let her know before the next scheduled Board meeting so she could have the forms prepared and transfers ready. Pat advised the Board that she did not believe they had raised assessments enough. She believed that the Board did not heed her advice when they set assessments for the upcoming year, and with the Board’s decision to do that they will fall short in the upcoming year. There was much discussion between the Board about possible upcoming complications due to economy. Producers are struggling with money, so Buffalo Rapids does not receive payment on invoices and taxes as timely as needed. Pat left it to the Board to decide what and when they want to decide to do for the month of November, but advised them that she will need to know by the end of the month.
James Whitmer talked with the Board about a resolution that attorney Dale Hubber had drawn up to insure the payment of any money owed to the Project. Mr. Whitmer talked with Mr. Hubber about the resolution at length. Mr. Whitmer wanted to be ensured that the resolution would guarantee that payment owed. He stated that Mr. Hubber agreed that the resolution that he had drawn up could not ensure that payment, but was a step in the right direction. Mr. Dave Schwarz suggested that Montana Code Annotated may need to have a code designed to insure payment to an irrigation project in that scenario. After much discussion and on a motion made by Barry Rakes, and seconded by James Whitmer it was resolved to adopt resolution 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. All in favor, motion carried.
Bill Lingerfelt, international representative for the union local 400, addressed the Board that Buffalo Rapids could voluntarily recognize the union. He spoke to the Board about the cost associated with hiring a lawyer to deal with the union, and that he felt Buffalo Rapids did not have to do that. He told the Board that a very large majority of the employees had signed cards with the union, so a ballot election, he felt, would not be necessary. Barry Rakes asked how long the process could take if they did not recognize the union voluntarily. Mr. Lingerfelt stated that if they recognized the union today, they could be setting at the negotiation table within fifteen days. Mr. Al Ekblad, local representative of the union local 400, addressed the Board that union could be beneficial to both sides because it sets rules. Mr. Ekblad stated to the Board that he had been approached to speak with the local paper to comment on several different occasions. He has not spoken with the paper, because he did not want to escalate the issue with the Board. He also spoke with the Board that he realized that they do not have an experience with union issues, and there have been some questionable practices already, but they have not files against the Board. The union would like to move forward and create a positive relationship with the Board. Mr. Ekblad encouraged the Board to reconsider accepting voluntary recognition of the union again. Mr. Barry Rakes asked if it was true that, what the union asked for at the bargaining table is only what the employees asked them for. Mr. Ekblad and Mr. Lingerfelt both agreed that that statement was true. The union does not tell the employee that they have to ask for higher wages and such. Mr. Ekblad informed the Board that the employees came to him; he was not out looking for an irrigation district to bring into the union. The union did not create the problems with the Board. Mr. Lingerfelt expressed that the union negotiations would more than likely consist of Al Ekblad and himself, and a representative of the Board with the manager of the Project. Mr. Schwarz expressed to the Board that he has had approximately twenty-one years of experience dealing with unions. The majority of the producers left at this time.
MANAGER’S REPORT:
Dave informed the Board that he had been contacted by the Montana Department of Transportation to do some work with the excavator on the bridge north of Terry. The Board agreed that they need to keep a good working relationship with the counties and the state. They agreed that Buffalo Rapids should let the Montana Department of Transportation use the excavator at the regular rate.
Dave stated to the Board that the crew is busy pumping out pipelines and closing down for the year on the ditch. The crew is also preparing sites for pipeline conversions this fall. They are moving equipment to the job sites to start those projects. Mr. Whitmer asked if the Buffalo Rapids crew pumps out all the pipelines, and the possibility of the producers doing it themselves. Mr. Schwarz stated to the Board that the crew does the pumping so there is less of a chance of damage to the pipelines if one gets missed and it freezes.
Dave reported to the Board that they have finished the Martinson pipeline, and the bill was received at the office that day. The crew will be closing Lateral 3.2 and 34.5 tomorrow. They will start on Lateral 3.2 this coming week, and then when completed they will start on the Wittmayer pipeline.
Allen Gierke and Strad Benjamin are busy disconnecting motors on the pumps to come out, and Glendive 2 plant. They are pulling the motors out of the water for the winter to try and eliminate damages next year. The machine shop crew will pull three motors in Terry, one in Fallon, and possibly more that need work.
Dave informed the Board that the fish screening project plans will be drawn up next week. They will then build a coffer dam and begin to proceed with that portion of the project.
It was reported that there is no report received from the CPA and the agenda item could not be discussed.
Mr. James Whitmer addressed the Board about the subcommittee recommendations. He informed the members of the Board that John Andrews, the election administrator, had made a determination of the counter petition. Mr. Dave Schwarz, Kelly Hubbert, and Jamie Larsen would not be allowed into the union. Mr. Tim Kortum, Mr. Allen Gierke, and Mrs. Pat Davis would be allowed into the union. The subcommittee suggested to the Board that they should not pursue the issue further. James Whitmer asked the Board if they would like him to contact John Andrew stating that suggestion. On a motion made by James Whitmer, and seconded by Don Buxbaum it was resolved
RESOLVED:
To contact John Andrew, election administrator, to indicate that Buffalo Rapids is not willing to pursue the counter petition for the union to hearing stage.
All in Favor.
Motion Carried.
Mr. Whitmer also reported to the Board that the subcommittee suggested a lawyer by the name of Steve Lehmen, on the advice of Associated Employers Benefit Group. James Whitmer also stated that the cost of his services would be at an hourly rate of $255.00 per hour, with a $5,000.00 retainer. Any unused portion of the retainer would be reimbursed if not used.
Mr. Barry Rakes asked if the subcommittee had looked into the open meeting laws. Mr. James Whitmer stated that they did not actually have a meeting. Mr. Schwarz asked how they had come to a recommendation without a meeting. Mr. Jim Finneman stated that they were never all together at any one time because they had talked over the phone, and the subcommittee was formed for informational recommendation purposes only. Mr. Ray Roethle stated that they could not make any decisions only recommendations. Mrs. Kay Braddock, Terry Tribune, stated that the subcommittee had made decisions for recommendations to the Board, and that is a clear violation of open meeting laws. Mr. Jim Finneman stated that through the people that he had contacted about open meeting laws, it was a gray area whether it is a violation of open meeting laws to meet via phone conversation. Mr. Rakes stated that the subcommittee had violated open meeting laws when they had their first meeting concerning the union and the employees. Mr. Rakes stated that he had talked to Dale Hubber, Buffalo Rapids Attorney, and Dale Hubber stated that he felt that the subcommittee needs minutes and publication. Mr. Hubber also informed Mr. Rakes that he had talked to another attorney for the cities and towns, and that attorney agreed that the subcommittee needed to have notice of a meeting, and minutes of a meeting. Mr. Rakes explained the reason is because if they do not have notice and minutes, a committee can get around the open meeting law by forming a subcommittee. Mr. Finneman explained that he had tried to get a hold of many different people before the first subcommittee meeting. Mr. Rakes asked why he hadn’t called Dale Hubber, Buffalo Rapids Attorney. Mrs. Braddock stated that there are ramifications for violating open meeting laws. Mr. Schwarz stated that it is considered official misconduct. Mr. Finneman explained that the subcommittee was up against a time line before the first meeting and he had tried to find out before that meeting. Mr. Rakes stated that he had changed his mind and wanted to attend the first subcommittee meeting. He called Pat Davis, Bookkeeper, because the subcommittee was supposed to get back to her and let her know if she was supposed to post the meeting or take minutes. Mrs. Davis stated that no one had ever called her and let her know. Mrs. Braddock asked if the subcommittee met in person or over the phone. Mr. Finneman stated that they did meet for the first meeting, and met over the phone for the second meeting. Mr. Finneman stated that he did what he felt was right.
Mr. Schwarz stated to the Board that he was irritated that they had brought in a fraud detection expert through the guise of looking at the books, and he felt that some individuals owed him an apology that were involved in that decision. Mr. Barry Rakes, and Mr. Scott Sackman apologized to Dave Schwarz. Mr. Ray Roethle expressed that he felt that the CPA had brought some good information. Mr. Schwarz and Mr. Rakes stated that was not the point. Mr. Schwarz explained that the CPA was brought here to look into fraud specifically on his and Pat Davis’s part. Mr. Schwarz explained that if they want to build trust with him and the employees, they are never going to do it with that kind of behavior. Mr. Finneman stated that the CPA brought in some good points. Mrs. Davis and other members of the Board expressed that was not the point and that they are close to ruining reputations. Mrs. Davis expressed her displeasure that bringing in the CPA for fraud detection was an insult, and she had worked hard to build her reputation as a bookkeeper. Mr. Rakes stated that when the decision was made to have the CPA come in, there was nothing mentioned about fraud detection. Mrs. Davis stated that Mr. Ric Holden brought to the Board that a CPA be brought in to see where the project sits financially, but the CPA was there to also look for any signs of fraud. Don Buxbaum stated that his understanding was that the CPA was there for an audit, not fraud detection. Mrs. Davis stated that how the CPA’s contract reads, Mr. Holden knew how much the CPA was going to cost and what she was expected to do when she came, and she believed that Mr. Holden lied to them. Mr. Whitmer stated that he would like to publically apologize to Mrs. Pat Davis for any misconceptions that he may have put forth at the special meeting held for the CPA’s findings. Mrs. Deb Schwarz asked where the apology was for Dave. She stated to the Board that the Board had to have known why the CPA had been brought in. The members of the Board stated that they did not know that there was going to be any fraud detection auditing done by the CPA. Dave expressed to the Board that he has heard many rumors that the some members of the Board have accused him of embezzling money from Buffalo Rapids. Mrs. Braddock confirmed that she has heard that rumor also. Mr. Schwarz expressed that he is tired of it. Mr. Finneman stated that the pickup brought up a lot of stuff. Mr. Rakes stated that the pickup was dealt with two years ago. Mr. Finneman asked Mr. Schwarz if he was ever offered a job at Milk River Irrigation Project. Mr. Schwarz stated that yes he was offered a job. Mrs. Pat Davis asked Mr. Finneman if he felt Dave had lied about being offered the position. Mr. Finneman circulated for the Boards review an email that was sent to him from Jennifer Brandon, Project Manager for Milk River Joint Board of Control, after inquiries from Mr. Finneman. The email, in paraphrase, states that Jennifer Brandon feels confident in stating that the Milk River Joint Board of Control did not offer Mr. Schwarz a position with the Board in 2004. Mr. Schwarz stated that he was offered a position, the Bureau of Reclamation knows, and that the email received was not true. Mr. Rakes asked Mr. Jim Finneman why he would check into that. Mr. Finneman stated that his name was mentioned in a written statement prepared by Mr. Schwarz concerning the black pickup and the offer at Milk River Join Board of Control. Mr. Schwarz expressed that if that if this is the way the Board feels then he is prepared to give his resignation right now. He stated to the Board that he has had enough, and wants a decision right now, either they want him or things need to stop and weed some of the trash off the Board. Mr. Roethle stated that Dave was out of line. Dave replied, O.K. then, here is my letter of resignation, he will be at Buffalo Rapids until January 15, 2009 and complete the four projects that he has in place, and then he will be done. He addressed the Board that if this is the way that Buffalo Rapids is going to be run, he wants no part of it. Mr. Dave Schwarz left the meeting at that time.
Mr. Brian Rakes stated to the Board that he hopes they have a plan. Mrs. Braddock stated that they have had a good manager for nineteen years, and if they can show her the fraud she will put it in the paper. Mr. Brian Rakes stated that they have just lost all of their contacts that Dave has. She stated that she has heard from people coming into her office that Dave is stealing from Buffalo Rapids, and that individuals on the Board have said it. She expressed that they will not find a Dave Schwarz again. She stated to Mr. Jim Finneman that she laid the responsibility of Dave’s resignation on him. Mr. Roethle addressed Mrs. Braddock that she was out of line. Mrs. Braddock continued to address the Board that what she felt what some of the members of the Board were doing was wrong. Mr. Finneman stated that there was more to come on the issues. Mrs. Braddock expressed that Mr. Finneman is a detriment to Buffalo Rapids. Mr. Barry Rakes stated that he did not believe Mr. Finneman was representing his division. Mrs. Braddock stated some of the improvements that Dave has brought to the Project, and felt that the Board was trying to destroy his character. She stated to Mr. Finneman that if he could show her the theft she would put it in the paper. Mr. Roethle tried to intervene on Mrs. Braddock, and she stated that she was not done. Mr. Roethle asked the members of the Board if they have heard anything of anybody accusing Dave of stealing anything. Mrs. Braddock stated that it may not have been mentioned at the Board meetings, but she has heard it at her office. Mr. Finneman asked who told her, and Mrs. Braddock replied that she would not reveal her sources. Mr. Finneman stated that Mr. Schwarz received the pickup on false pretences. Many individuals present expressed opposing views to Mr. Finnemans’ comment. Mr. Rakes stated that he did not know where they were going, but things just got worse. Mr. Finneman asked if Dave had the resignation already typed up. Mr. Roethle stated that he thought it had been coming for a long time. Mr. Rakes expressed that he felt that if there had been an apology for the accusation of fraud, Dave probably would not have resigned. Mr. Finneman stated that the CPA actually had some points. Mr. Rakes replied that was not the point. He said that the just the idea of it, she was brought in under false pretenses, and that is what makes him mad. Barry stated that when Mr. Holden brought it up to the Board there was no mention of a fraud audit. Mr. Finneman stated that he did not know about anything to do with fraud detection. Mr. Brian and Barry Rakes asked why he couldn’t apologize for it to Dave. Mr. Finneman stated again that the CPA brought up some good points. Mr. Barry Rakes stated that it had really made him upset that they had pulled in a fraud detection expert, and the issues with the subcommittee. Mr. Finneman apologized for the subcommittee, he felt that he tried to contact as many people as he could to get an answer. Barry Rakes asked him why he hadn’t contacted Dale Hubber, Buffalo Rapids Attorney. Mr. Finneman replied that he did not have a lot of faith in Dale Hubber. Mr. Don Buxbaum made a statement that he had contacted his lawyer and asked him about the open meeting laws concerning the subcommittee. His lawyer said to read their by-laws. It was determined that the Buffalo Rapids by-laws probably don’t cover that issue.
Pat Davis made copies of Dave Schwarz resignation for all present. Barry Rakes asked Jim Finneman if he had told people in his Division that Ron Pisk, President of Terry Stockamn Bank, insinuated that Buffalo Rapids was being mismanaged. Mr. Finneman replied that Ron Pisk only ever mentioned that the problem was with EQIP. He stated that is why he contacted Mr. Zuber. He stated that he has openly said that Dave has done some good things. He stated that he has set on the conservation board and sees a lot of stuff going to Dave. Mr. Finneman stated to the Board that double dipping is a federal offense.
Pat Davis informed the Board that Dave will not be performing the annual meeting. Ray Roethle asked if they should contact the insurance company pertaining to a letter that was sent to the Board in months’ previous concerning termination of employees. Mr. Bill Lingerfelt asked the Board if they had accepted Mr. Schwarz resignation. He stated to the Board that they did not have to decide tonight. Mr. Barry Rakes stated that the consensus of most of District II is that they want Dave to stay, Scott Sackman agreed. Lynn Wittmayer asked what it takes to get someone off the Board. Pat Davis advised her to talk to Dale Hubber, he could tell her exactly what would need to be done. Mr. Rakes stated to Mr. Finneman that there is always official misconduct, and he felt that Jim Finneman should resign for violation of open meeting laws. Mr. Roethle asked if there should be a vote for Dave’s resignation. Jim Finneman stated that maybe they should table the issue for the time being. Mr. Barry Rakes stated that he felt Jim Finneman was not representing his producers, maybe a few, but not all. It was decided to table the issue of Dave’s resignation until another meeting. Barry Rakes made a motion to adjourn, seconded by James Whitmer.
Next regular scheduled meeting will be held on November 11, 2009 at 3:00pm.
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:
________________________________ ____________________________________
Dave Schwarz, Secretary Ray Roethle, President
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