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November 03, 2009 Meeting Minutes

MINUTES
of the
ANNUAL MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Glendive, Montana
November 03, 2009

The Annual Meeting of the members of the Buffalo Rapids Project Board of Control, at Glendive, Dawson County, Montana, was held on the Third day of November, 2009, at 1:00 p.m.

There were present and participating at the meeting:

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

Also present and participating were, Pat Davis, assistant secretary, members of the public, members of the local press, and area producers from Districts I and II. Approximately seventy people attendants.

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.

President Roethle asked for all Board members to introduce themselves. The agenda for the annual meeting was passed to all present.

Agenda item number 2, summary of the budget year to date. Mr. James Whitmer passed handouts for all present. Mr. Whitmer read explanation of deficit & bank loan for District I, which included loan amount, length of the term of the loan, interest on the loan, and the schedule of payments. Mr. Whitmer then explained the Stockman Bank letter of default, and the credit restoration, which explained in detail the process in which District I had gone through to set assessments, and to rectify the letter of default and restore credit for District I with Stockman Bank.
Agenda item number 3, Summary of District II tax increase of assessments, and thoughts on splitting of Districts into separate projects. DII President, Barry Rakes spoke with all present about setting assessment for District II. He explained the process that the District II Board had gone through in the setting of those assessments. Mr. Rakes explained the current assessment amount for District II. Mr. Barry Rakes then discussed the possibility of splitting the two Districts into two separate projects.

Agenda item number 4, Summary of District I tax assessments, and other observations and comments. District I President, Don Buxbaum, explained to all present the current assessment amount for District I for the 2010 operating year, and the recommended amount, by Strom & Associates and Dave Schwarz’s, projected until 2013.

Agenda item number 5, Review of current lateral projects & time line for completion. Mr. Jim Finneman read to all present a handwritten note from project manager, Dave Schwarz, on the progress to date of pipeline projects and grant pipeline projects.

Agenda item number 6, Review of employee labor negotiations, history to present. Mr. Ric Holden spoke and presented to all handouts concerning employee wage list and list of benefits; compensated absences worksheet; explanation of compensation time, sick leave, and annual leave; explanation of health insurance, and dental insurance; explanation of Public Employees Retirement System. Mr. Holden also explained workman comp insurance; paid Medicare for employees and spouses over sixty-five years of age; and other benefits that employees receive from Buffalo Rapids. Mr. Holden spoke with all present concerning his handouts from Department of Revenue, and land reappraisal. Mr. Holden then spoke of what caused the tension with the employees and why they unionized. Mr. Barry Rakes and Mr. Bill Fleckenstein, on behalf of the employees, objected to the statement from Mr. Ric Holden that the employees stated in August of 2009 that they were not getting paid enough by the farmer on an hourly wage. Mr. Holden then went on to explain the intention of the Board of hiring of a new manager; the hiring of a labor attorney; and forming a labor negotiating team.

Agenda item number 7, Review of financial audit and findings. Mr. Holden spoke with all present and presented handouts of his typewritten summarization of CPA finding and recommendations.

Agenda item number 8, Plans for the future. Mr. Ray Roethle spoke to all present the intention of the Board at the next scheduled meeting to discuss the hiring of a new manager, and the process of dealing with the union.

Agenda item number 10, member producer concerns and comments.
Sandy Helmuth spoke to the Board and all present concerning certain issues as listed: Mr. Helmuth stated that he believed that EQIP pipelines are breaking Buffalo Rapids, recommended that they suspend pipelining for one year. He discussed the subject of outstanding EQIP bills that have not been paid to date, and tax assessment that have not been paid for many years. He spoke of the state of the canals and laterals within the District I, and the need for two foremen. He spoke to the members of the Board as to why the O & M portion of the assessment has stayed the same and not increased. He asked that the water allotment for District I be increased. He spoke extensively on the reduction of expenses for the project. He stated that the Board has control and needs to enforce it. Mr. Helmuth also stated that the Grants to not cover all the costs associated with that project.

Larry Heimbuch, former Board member for District I, spoke to all present. He spoke of the old loans of the Districts being paid off and then that money bringing in more money for them to reserve or to operate by. He then addressed the policy of public comment that the Board had used in the past. He stated that the pipelining may be costing the producers the Project. He stated that the project needs to know what the employees are doing. Mr. Hiembuch also had concerns about the canal blowing out if the electricity ever went off and all the pivots in District I were to quit working at the same time.

Randy Hanson, spokesperson for Highland Park and Forest Park subdivision, spoke to all present. Mr. Hanson stated that he felt that their subdivisions get the short end of the stick on that end of the canal. He didn’t feel that they were getting their moneys worth of water. He stated that it cost them money when the water did not come on soon enough. He also stated to everyone present that Mr. Schwarz should be resigned right away and not wait until January 15, 2010.

Richard Reynolds, commented that he felt they should get credit for water no used during the year and then credited to them the following year.

Steve Tibbetts stated that he felt the Board and the employees are doing a good job. The commented that the management need to look into the operations of the Project more. He asked for a show of hands for past Board members and to let them know that they had done a good job.

Ray Strasheim spoke that the bad things are always spoke of with issues concerning the Project. He commented that there has been a lot of good things that have also happened with the Project that may not be as publicized. He also stated to all present that he felt more people need to get involved with Buffalo Rapids.

Jerry Buxbaum stated to all present that he felt that there is nothing being done in District I. He stated that he did not care for Dave Schwarz as a manager. He felt that it was always District II that was first on everything.

Larry Haas stated that there is a need for better communication with the farmer. He also asked the Board what they plan to do for the future.

Bill Fleckenstein stated that Mr. Holden had indicated there was no physical inventory, he stated that there is one done every year by himself and Mrs. Davis and it is available for review.

Jay Taylor spoke to all present that he felt that they could have worse problems than what others were commenting on. He has been an irrigator in other projects and felt that Buffalo Rapids was better than those projects. He also expressed his desire of being available to volunteer for the Board. He also stated that he felt that there is a difference between employee wage, and employee protection.

Lynn Wittmayer asked about the pipelines not being fully funded. She stated that Dave has gotten grants for the lateral pipelines to supplement the EQIP cost shares and the costs of those pipelines.

Barry Rakes stated to all present that before Dave Schwarz was the project manager water was being rationed due to availability. He also stated that Dave was the person responsible for the pipelines that made it possible for the sprinklers to be put in. The pumps had been breaking down Dave became manager, and now they are not. He stated to the Board that he felt that Dave has done a good job.

Earl Corneliusen stated to all present that he now has three pivots installed on his property. He felt that pipelines are a benefit, but they took a long time to be completed. He also stated that the pivots are saving water for the District. He also stated that he would like to see water come on earlier and stay on later in the season.

Don Walker spoke to the Board and all present that the emergency spillways need to be a priority within the Project.

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:

________________________________ ____________________________________
Pat Davis, Assistant Secretary Ray Roethle, President

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