MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
October 20, 2009
The Special Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Twentieth day of October, 2009, at 7:00 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, Rick Harding, Darryl Pisk, Jeff Wallace, Tanner Schillinger, Tim Kortum, Bill Fleckenstein, Brian Wittmayer, Strad Benjamin.
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.
Mr. Ray Roethle stated that the meeting was called to decide what the Board was going to do concerning the last board meeting and Dave Schwarz’s resignation. Mr. Don Buxbaum made a motion to accept Dave Schwarz’s resignation; Mr. James Whitmer seconded that motion. It was
RESOLVED:
To accept Dave Schwarz’s resignation.
4 for, and 2 against.
Motion carried.
James Whitmer made a motion to adjourn, seconded by Don Buxbaum.
4 for, and 2 against
Board of Control President, Ray Roethle, opened the meeting again upon Pat Davis’s request. Mrs. Davis read from an email sent by Mr. Jerry Moore, retiree of the Bureau of Reclamation Area Office. The email was sent to the Board because of an email that Mr. Jim Finneman had read at an earlier meeting stating that Mr. Schwarz had not been offered a job with the Milk River Irrigation Project in the past. The email received from Mr. Moore stated that he did have knowledge that Dave had in fact been offered a job with the Milk River Irrigation Project. Mr. Finneman then produced an email from Mr. Kay Bladder refuting the email sent by Mr. Moore.
DII President, Barry Rakes stated that he felt that District II lost a good man as a manager, and he would not be easily replaced.
Mr. Allen Ollerman asked the Board what they planned on doing to get water to the producers in the spring, and to fix the problems that they have. Mr. Barry Rakes and other producers present at the meeting expressed their concerns about being able to have water next year. They asked the members of the Board that voted to accept Dave’s resignation, if they had a plan, and if they did what it was.
Bill Fleckenstein stated that the employees that are working that are of retirement age are still working at Buffalo Rapids because they like the manager and they like their job, but not necessarily the Board.
Barry Rakes stated that the state of Buffalo Rapids is going to start affecting land prices. Tim Kortum expressed that the Board should be talking about producer concerns such as getting water on earlier. Mr. Whitmer stated that he has brought up those concerns of his producers.
Mr. Jeff Wallace asked if there was any way to keep Dave Schwarz on as a manager. He stated that Dave has employees that respect him, and want to work for him. Mr. Wallace stated that the problems with Buffalo Rapids are starting to come between neighbors and friends. He expressed to the Board that the employees have a lot of knowledge and also a lot of respect for Dave, and together they could figure out ways to improve the Project. Mr. Brian Wittmayer stated that he would like to see the Board reverse their decision on accepting Dave’s resignation. Some members of the Board commented that they weren’t sure how effective Dave would be. Barry Rakes said he would do anything it takes to resolve the issues, including resigning from the Board if that is what it would take.
Doug Hjorth asked if it were possible to take a vote of area producers as to whether they would like to keep Dave Schwarz on as manager or not. Barry Rakes stated that he did not believe Mr. Finneman was representing the majority of his producers. Mrs. Dena Hoff spoke to all present that the only person that was elected to the Board at this time is Don Buxbaum, everyone else on the Board had been appointed because no one had ran against them. She expressed that there is more work to be done than just getting water on in the spring, pumps also need to be worked on.
It was discussed among all present why Dave had resigned, and the circumstances under which he had given his resignation. Past Board actions, resolutions, and decisions were discussed between producers and Board members. It was said that those past items of discussion should be left alone, and to move on to the future items concerning the Board.
Mr. Tanner Schillinger stated that Dave Schwarz is the second employee that Buffalo Rapids has lost in the last month. Tim Kortum commented that he does not know of one person at Buffalo Rapids that wants to leave, but how long can they hang on. Tim stated to the Board that when he came to Buffalo Rapids eleven years ago they were rationing water, and couldn’t get water in Glendive. He stated that Dave has been moving the Project forward, putting pipelines in and getting more water to those areas that needed it. Barry Rakes expressed that because of the pipelines that Dave has put in they can now support sprinklers in those areas that couldn’t before. Tim explained that Mr. Finneman had asked why Buffalo Rapids is in debt, and that it had been explained to him by Mr. Ray Strasheim and Mr. Dave Schwarz. He also expressed that he had learned form the CPA that had come in, that Pat Davis should simplify the budget so everyone could understand it, because the average person does not understand the complications of an irrigation projects’ finances. Mr. Tim Kotrum also expressed that when fuel was up to almost four dollars and fifty cents per gallon, assessment did not go up. Mr. Brian Wittmayer stated that he believed one of the reasons that the Project had been able to go so many years without raising their assessments is because of the implementation of pipelines. Mr. Ollerman expressed that Buffalo Rapids had bought the pipe for the future pipeline projects earlier so they could save on costs. Mr. Fleckenstein and Mr. Kortum stated that pipe has gone up twenty-eight percent in the last couple of months.
Kay Braddock, Terry Tribune, asked why the Board members had accepted Dave’s resignation. Most Board members that had voted to accept Dave’s resignation expressed that they were acting on the behalf of their producers in their division, others commented that they would answer for their decision at the November 03, annual meeting.
The Board and producers present discussed some of the issues that occur in District I. It was discussed that some of the producers in District I do not adhere to the rules of the ditch. Tim Kortum expressed that they have had to chain and padlock turnouts so producers can’t take water and turn off water without notifying the ditch rider.
Barry Rakes stated that maybe they should get rid of the whole Board and start new. He stated that if that is what it takes, he’ll do it. Mr. Brian Wittmayer stated that all the problems that they have on the ditch can be fixed, but does not know why they are getting rid of their manager. Barry stated that he felt they wouldn’t have what they do have if it weren’t for Dave.
Mr. Harding expressed that the Board had made a big decision, and now they need to go forward and accomplish what they had set out to do. He stated that he hoped that they had a plan to have water available in the spring. Mr. Jeff Wallace stated that he would like to see Dave Schwarz stay on as manager, and Mr. Harding agreed. Mr. Harding stated that the members that voted to accept Dave Schwarz’s resignation have taken a tremendous action for an irrigation district that some believe have been running well, now they need to prove to the rest that they are going to do something. Mr. Finneman and Mr. Whitmer expressed their thanks to Mr. Harding and that they intend to do as he has asked. Mr. Harding stated that the members of the Board are not just responsible to the producers that agree with them, but to all producers that disagree with them too.
Mr. Ollerman stated his dissatisfaction with Mr. Ric Holden on the Board. He stated that he felt Mr. Holden did not belong on the Board, and is making a mockery of the Board.
Mr. Tim Kortum asked the Board where the employees stand now that they have gotten rid of Dave. He stated that they had contacted the Union because they felt that they had to.
Mr. Al Ekblad spoke with the Board about voluntary recognition of the Union by the Board of Control. He advised the Board that it would be easier on everyone if the Board gave voluntary recognition of the Union, and not drag it out. Mr. Kortum spoke of the pressure that is being put on the employees through all of it. Don Buxbaum stated that he does not want to get rid of any of the employees. Mr. Scott Sackman stated to Don that they just got rid of one tonight.
After much discussion between the producers present and the Board Barry Rakes made a motion to rescind the motion to accept Dave Schwarz’s resignation, seconded by Scott Sackman. 2 in favor, and 4 against. Motion failed.
After much discussion concerning voluntary recognition of the Union, and on a motion made by Barry Rakes, and seconded by Don Buxbaum it was
RESOLVED:
To voluntarily recognize the Union of the International Union of Operating Engineers, Local # 400.
All in Favor.
Motion carried.
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
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
October 20, 2009
The Special Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Twentieth day of October, 2009, at 7:00 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, Rick Harding, Darryl Pisk, Jeff Wallace, Tanner Schillinger, Tim Kortum, Bill Fleckenstein, Brian Wittmayer, Strad Benjamin.
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.
Mr. Ray Roethle stated that the meeting was called to decide what the Board was going to do concerning the last board meeting and Dave Schwarz’s resignation. Mr. Don Buxbaum made a motion to accept Dave Schwarz’s resignation; Mr. James Whitmer seconded that motion. It was
RESOLVED:
To accept Dave Schwarz’s resignation.
4 for, and 2 against.
Motion carried.
James Whitmer made a motion to adjourn, seconded by Don Buxbaum.
4 for, and 2 against
Board of Control President, Ray Roethle, opened the meeting again upon Pat Davis’s request. Mrs. Davis read from an email sent by Mr. Jerry Moore, retiree of the Bureau of Reclamation Area Office. The email was sent to the Board because of an email that Mr. Jim Finneman had read at an earlier meeting stating that Mr. Schwarz had not been offered a job with the Milk River Irrigation Project in the past. The email received from Mr. Moore stated that he did have knowledge that Dave had in fact been offered a job with the Milk River Irrigation Project. Mr. Finneman then produced an email from Mr. Kay Bladder refuting the email sent by Mr. Moore.
DII President, Barry Rakes stated that he felt that District II lost a good man as a manager, and he would not be easily replaced.
Mr. Allen Ollerman asked the Board what they planned on doing to get water to the producers in the spring, and to fix the problems that they have. Mr. Barry Rakes and other producers present at the meeting expressed their concerns about being able to have water next year. They asked the members of the Board that voted to accept Dave’s resignation, if they had a plan, and if they did what it was.
Bill Fleckenstein stated that the employees that are working that are of retirement age are still working at Buffalo Rapids because they like the manager and they like their job, but not necessarily the Board.
Barry Rakes stated that the state of Buffalo Rapids is going to start affecting land prices. Tim Kortum expressed that the Board should be talking about producer concerns such as getting water on earlier. Mr. Whitmer stated that he has brought up those concerns of his producers.
Mr. Jeff Wallace asked if there was any way to keep Dave Schwarz on as a manager. He stated that Dave has employees that respect him, and want to work for him. Mr. Wallace stated that the problems with Buffalo Rapids are starting to come between neighbors and friends. He expressed to the Board that the employees have a lot of knowledge and also a lot of respect for Dave, and together they could figure out ways to improve the Project. Mr. Brian Wittmayer stated that he would like to see the Board reverse their decision on accepting Dave’s resignation. Some members of the Board commented that they weren’t sure how effective Dave would be. Barry Rakes said he would do anything it takes to resolve the issues, including resigning from the Board if that is what it would take.
Doug Hjorth asked if it were possible to take a vote of area producers as to whether they would like to keep Dave Schwarz on as manager or not. Barry Rakes stated that he did not believe Mr. Finneman was representing the majority of his producers. Mrs. Dena Hoff spoke to all present that the only person that was elected to the Board at this time is Don Buxbaum, everyone else on the Board had been appointed because no one had ran against them. She expressed that there is more work to be done than just getting water on in the spring, pumps also need to be worked on.
It was discussed among all present why Dave had resigned, and the circumstances under which he had given his resignation. Past Board actions, resolutions, and decisions were discussed between producers and Board members. It was said that those past items of discussion should be left alone, and to move on to the future items concerning the Board.
Mr. Tanner Schillinger stated that Dave Schwarz is the second employee that Buffalo Rapids has lost in the last month. Tim Kortum commented that he does not know of one person at Buffalo Rapids that wants to leave, but how long can they hang on. Tim stated to the Board that when he came to Buffalo Rapids eleven years ago they were rationing water, and couldn’t get water in Glendive. He stated that Dave has been moving the Project forward, putting pipelines in and getting more water to those areas that needed it. Barry Rakes expressed that because of the pipelines that Dave has put in they can now support sprinklers in those areas that couldn’t before. Tim explained that Mr. Finneman had asked why Buffalo Rapids is in debt, and that it had been explained to him by Mr. Ray Strasheim and Mr. Dave Schwarz. He also expressed that he had learned form the CPA that had come in, that Pat Davis should simplify the budget so everyone could understand it, because the average person does not understand the complications of an irrigation projects’ finances. Mr. Tim Kotrum also expressed that when fuel was up to almost four dollars and fifty cents per gallon, assessment did not go up. Mr. Brian Wittmayer stated that he believed one of the reasons that the Project had been able to go so many years without raising their assessments is because of the implementation of pipelines. Mr. Ollerman expressed that Buffalo Rapids had bought the pipe for the future pipeline projects earlier so they could save on costs. Mr. Fleckenstein and Mr. Kortum stated that pipe has gone up twenty-eight percent in the last couple of months.
Kay Braddock, Terry Tribune, asked why the Board members had accepted Dave’s resignation. Most Board members that had voted to accept Dave’s resignation expressed that they were acting on the behalf of their producers in their division, others commented that they would answer for their decision at the November 03, annual meeting.
The Board and producers present discussed some of the issues that occur in District I. It was discussed that some of the producers in District I do not adhere to the rules of the ditch. Tim Kortum expressed that they have had to chain and padlock turnouts so producers can’t take water and turn off water without notifying the ditch rider.
Barry Rakes stated that maybe they should get rid of the whole Board and start new. He stated that if that is what it takes, he’ll do it. Mr. Brian Wittmayer stated that all the problems that they have on the ditch can be fixed, but does not know why they are getting rid of their manager. Barry stated that he felt they wouldn’t have what they do have if it weren’t for Dave.
Mr. Harding expressed that the Board had made a big decision, and now they need to go forward and accomplish what they had set out to do. He stated that he hoped that they had a plan to have water available in the spring. Mr. Jeff Wallace stated that he would like to see Dave Schwarz stay on as manager, and Mr. Harding agreed. Mr. Harding stated that the members that voted to accept Dave Schwarz’s resignation have taken a tremendous action for an irrigation district that some believe have been running well, now they need to prove to the rest that they are going to do something. Mr. Finneman and Mr. Whitmer expressed their thanks to Mr. Harding and that they intend to do as he has asked. Mr. Harding stated that the members of the Board are not just responsible to the producers that agree with them, but to all producers that disagree with them too.
Mr. Ollerman stated his dissatisfaction with Mr. Ric Holden on the Board. He stated that he felt Mr. Holden did not belong on the Board, and is making a mockery of the Board.
Mr. Tim Kortum asked the Board where the employees stand now that they have gotten rid of Dave. He stated that they had contacted the Union because they felt that they had to.
Mr. Al Ekblad spoke with the Board about voluntary recognition of the Union by the Board of Control. He advised the Board that it would be easier on everyone if the Board gave voluntary recognition of the Union, and not drag it out. Mr. Kortum spoke of the pressure that is being put on the employees through all of it. Don Buxbaum stated that he does not want to get rid of any of the employees. Mr. Scott Sackman stated to Don that they just got rid of one tonight.
After much discussion between the producers present and the Board Barry Rakes made a motion to rescind the motion to accept Dave Schwarz’s resignation, seconded by Scott Sackman. 2 in favor, and 4 against. Motion failed.
After much discussion concerning voluntary recognition of the Union, and on a motion made by Barry Rakes, and seconded by Don Buxbaum it was
RESOLVED:
To voluntarily recognize the Union of the International Union of Operating Engineers, Local # 400.
All in Favor.
Motion carried.
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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