MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
December 18, 2009
The Special Meeting of the members of the Buffalo Rapids Project at Terry, Prairie County, Montana, was held on the eighteenth day of December, 2009 at 3:00 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, Kay Braddock; Terry Tribune, Tim Kortum, Lance Kalfell, and Larry Heimbuch.
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.
Pat Davis presented to the Board information regarding hiring of Heather Carter, for working on the minutes for the meetings. Pat Davis spoke with Dale Hubber and Dale suggested not contracting her but hiring her as an employee of Buffalo Rapids. Pat Davis suggested $9.00 per hour. Ric Holden suggested assigning her to a sub committee. The suggestion was rejected. The position would possibly be 20 hours or less per week up to 40 hours per month as temporary help. Jim Finneman motioned, James Whitmer seconded.
All in Favor
Motion carried
Barry Rakes stated that a ballot was sent on Wednesday to all District II producers. A brief discussion was held as to what went on at the District II meeting. The producers were contacted. Ric Holden asked about the budget for District II. Ric Holden asked about the retained labor, response was that it has not been figured out as of yet. Barry Rakes had nothing else to report. Ric Holden asked about searching for a manager. It was stated that the votes need to be in by the December 29, 2009.
Don Buxbaum stated that he felt that taking care of the business regarding the split needs to be dealt with first before finding a manager.
Larry Heimbuch stated that he talked with the Bureau of Reclamation and found out that really nothing can be done as of right now but can appoint an interim manager, but this can not be done until Dave is officially done.
Barry Rakes stated to Ric Holden that the Bureau of Reclamation would turn pumps on, but it would take at least two months to write a contract, as stated by Dick Long of the Bureau of Reclamation. A scenario was given if Bureau was called on April 1st to have water by May 1st that it would not be possible. The whole Board talked about the scenario of the Bureau of Reclamation stepping in if Buffalo Rapids does not have their problems solved by the time water would need to be turned on.
James Whitmer explained the meeting between the Sub Committee and the Union representatives, Al Ekblad and Bill Lingerfelt. He stated that they thought they would see a preliminary contract but were presented with an idea of looking at two different options. He explains the three different ways of bargaining. The Sub Committee liked the idea of intra-based bargaining. He also stated that a State Mediator, Ron Stromer, would be available for training on negotiating with the Union. He stated that Ron Stromer would inform the committee when the Union is trying to pull the wool over you and would inform the committee when they need advice. James went on to explain what Ron’s job would be and also stated that Ron Stromer suggested there might come a time when he would refer the committee to an attorney, and that an outside source for advise is allowed during intra-based bargaining. Ric Holden stated that the committee needs to vote on any options and who will be the Chief negotiator. Ric Holden stated that they heard direct threats toward the project and gave examples regarding labor laws. He stated that a professional advisor is needed.
James Whitmer explained that the conditions of the work place has to be how it was in the past and if anything was changed it would be an unfair labor practice while in negotiations. Ric Holden stated that Doug Buxbaum posed the question to Bill Lingerfelt if Districts split, and if deciding to use contract labor or hired labor if unionized. He asked how that would change their proposal. Mr. Lingerfelt clearly stated that if one district or the other did not except the union as employees they would file an unfair labor practice. Ric Holden and Barry Rakes explained to the Board that even if there is a split the employees are still Union. Don Buxbaum asks if the Union has an authority to tell the board how many can be hired. Ric Holden stated that the committee needs to make a decision regarding legal council. James Whitmer stated that when talking with Ron Stromer he explained to him the possible split of the two districts and as of now we are operating under the Board of Control. James posed the question as to how do they go into Union negotiations knowing that down the road we will operate as two separate Districts. Ron Stromer didn’t have the answer and would advise legal council. James stated that a meeting with Ron Stromer on the 5th would be a good idea. Ric Holden stated that Bill Lingerfelt expressed that the Board does need to figure out who is going to direct the employees. Larry Heimbuch recommended the Board chairman. Barry Rakes stated that it could be himself and Don Buxbaum. It was stated that the vote for District II needs to be in by the 29th and operating still for 90 days.
Don Buxbaum expressed that some of these problems need to be resolved before the water is turned on.
Jim Finneman stated that, what would be wrong with Don Buxbaum and Barry Rakes operating temporary.
Tim Kortum stated that he still reports to Dave. They have been busy doing inventory, not buying any more supplies until inventory is done. Tim stated that he has been talking with Dave regarding selling off excess equipment which was in discussion over a year ago.
Lance Kalfell expressed his concern if Barry Rakes and Don Buxbaum would be able to work with Dave during the transition. Don Buxbaum stated that he and Barry would not do anything until Dave is gone and just temporary. Ric Holden stated that Dave is leaving the building Monday which was in a letter from Dale Hubber.
Barry Rakes would like to set up a time to meet with Tim Kortum or updates over the phone.
On a motion from Ric Holden that District I and District II presidents be placed as interim project managers for the purpose of directing the hourly employees. James Whitmer seconded.
All in Favor
Motion carried.
James Whitmer stated that he spoke to Bill Lingerfelt and said that after Bill reviewed what was done in the past, and talked with Dave and the employees, that December 23-January 4th the project would be closed, excluding Pat Davis. Ric Holden move that the hourly employees, not including Pat Davis, take time off starting on December 23rd through January 1st based on past practices. Discussion at length regarding comp time verses vacation time and not wanting a lawsuit filed. James Whitmer and Barry Rakes do not think a motion is needed. Motion died due to lack of a second vote.
Don Buxbaum states that the Auditor and State has recommended that they get a handle on vacation and comp liability. Ric Holden stated that if it is going to be managed that way the employees will use vacation not comp time. He states that the expense has not been controlled. James Whitmer expresses that he understands but if never mandated before, they can’t do it now.
Jim Finneman stated to Tim Kortum that he received a phone call from the University of Montana regarding stimulus money. Tim Kortum stated that he spoke to Dick Sheetz regarding stimulus money.
Ric Holden expressed his concern to the Board regarding comp time problem in the next 90 days. James Whitmer stated he agreed that there is a problem but needs to be addressed at the Union negotiations .Ric Holden said that Pat Davis is working on the comp and vacation times for the January meeting so it can be compared and also addressed the issue regarding the interim managers handling this with the employees.
A group discussion was held about trying to solve comp time problems and should be discussed with the Union and resolve some of the liability before meeting with the Union. Comp time can be carried over from year to year.
Ric Holden updated the Board regarding Mike Carlson. A letter was sent to DNRC to give him authority to look at the reports. The Glendive office needs to get authority from the manager in Miles City. Ric stated that Mike is available to look at the grants and to provide oversight during the transition period. A price has not been set until the authorization has gone through, and then a figure will be brought back to the January meeting. Last meeting was authorized for up to $500.00. If over $500.00 it needs to be brought back to the Board.
Ric Holden discussed vacation time for Dave Schwarrz. Members met with Dale Hubber about his contract and fifteen days vacation per year he had accumulated vacation time. Dale Hubber reviewed the contract and State Law. Ric Holden suggested to Dale to have Dave Schwarz meet with him and express the Boards concerns regarding the contract and vacation days. As of October 27th a $22,000.00 liability that would need to be paid to Dave Schwarz, after January 15th. Dave Schwarz did meet with Dale Hubber. Ric Holden passed out letter from Dale Hubber. Dave Schwarz has agreed to take vacation time on December 21st- January 15th with one exception be allowed to have working time to: finish the final report for Canal Automation for District II, approximately 2 or 3 days to finish the final report for District 1 for Lateral 34.5 and a couple of hours to set up quarterly reports for Laterals 2.9 and 7.6. Four working days would be needed to finish his work and would be paid for those four days of work. Ric Holden also discussed with Board regarding Dave Schwarz’s sick leave. Ric stated the contract is not clear on accumulated sick leave just twelve (12) days per year. As per conversation with Dale Hubber, Ric Holden stated that Dale Hubber is advising that he is kind of the quasi Public employee/contract employee. Dale Hubber is advising that the Board revert to the State statue regarding sick leave. Ric explains to take his sick leave hours that have accumulated and to be paid on 25%.
Ric Holden move that after hearing from Dave Schwarz the Board will have Dave Schwarz work for (4) days between December 21, 2009 and January 15th, 2010 and use vacation time for the remaining work days between December 21, 2009 and January 15, 2010, and that Dave will use four (4) working days to finish final report for canal automation for District II, final report for lateral 34.5 for District 1 and set up quarterly reports for laterals 2.9 and 7.6. Jim Finneman seconded.
All in Favor
Motion carried
Ric Holden made a motion for the purposes of the Project managers’ sick leave that the Board accepts the State statutes as they apply to the public employees which will allow the payment of accumulated sick leave hours up to 25% of accumulated sick leave.
The Board was in discussion on not needing to make a motion because it is State statute. Ric Holden stated that Board needs to designate it because it is not in his contract. James Whitmer seconded.
All in favor
Motion carried.
Ric Holden stated that Dave Schwarz would take payments for his sick leave over time or the other option is the tax money would be collected. Ric Holden expressed that paying a lump sum would not gain other than helping cash flow. The board was in discussion regarding comp time and ways to solve the problem.
Jim Finneman handed in his resignation. Jim Finneman requested that Lance Kalfell be his replacement for Commissioner of District II, Division Shirley. As of May it would have been Jim’s two (2) years of his three (3) year term.
Barry Rakes stated that going back to five day notice on meetings. Chairman of the Board should request this.
Pat Davis requested information when Lance Kalfell will be Commissioner, in effect next meeting.
Barry Rakes suggested looking into forgiving water taxes. Discussion was about Rainbow Estates, Pat informed the Board she had spoken to Adam Gardner and he would like Buffalo Rapids present at a meeting on January 11th.
Barry Rakes mad a motion to adjourn, James Whitmer seconded.
All in Favor
Motion carried.
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
December 18, 2009
The Special Meeting of the members of the Buffalo Rapids Project at Terry, Prairie County, Montana, was held on the eighteenth day of December, 2009 at 3:00 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, Kay Braddock; Terry Tribune, Tim Kortum, Lance Kalfell, and Larry Heimbuch.
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.
Pat Davis presented to the Board information regarding hiring of Heather Carter, for working on the minutes for the meetings. Pat Davis spoke with Dale Hubber and Dale suggested not contracting her but hiring her as an employee of Buffalo Rapids. Pat Davis suggested $9.00 per hour. Ric Holden suggested assigning her to a sub committee. The suggestion was rejected. The position would possibly be 20 hours or less per week up to 40 hours per month as temporary help. Jim Finneman motioned, James Whitmer seconded.
All in Favor
Motion carried
Barry Rakes stated that a ballot was sent on Wednesday to all District II producers. A brief discussion was held as to what went on at the District II meeting. The producers were contacted. Ric Holden asked about the budget for District II. Ric Holden asked about the retained labor, response was that it has not been figured out as of yet. Barry Rakes had nothing else to report. Ric Holden asked about searching for a manager. It was stated that the votes need to be in by the December 29, 2009.
Don Buxbaum stated that he felt that taking care of the business regarding the split needs to be dealt with first before finding a manager.
Larry Heimbuch stated that he talked with the Bureau of Reclamation and found out that really nothing can be done as of right now but can appoint an interim manager, but this can not be done until Dave is officially done.
Barry Rakes stated to Ric Holden that the Bureau of Reclamation would turn pumps on, but it would take at least two months to write a contract, as stated by Dick Long of the Bureau of Reclamation. A scenario was given if Bureau was called on April 1st to have water by May 1st that it would not be possible. The whole Board talked about the scenario of the Bureau of Reclamation stepping in if Buffalo Rapids does not have their problems solved by the time water would need to be turned on.
James Whitmer explained the meeting between the Sub Committee and the Union representatives, Al Ekblad and Bill Lingerfelt. He stated that they thought they would see a preliminary contract but were presented with an idea of looking at two different options. He explains the three different ways of bargaining. The Sub Committee liked the idea of intra-based bargaining. He also stated that a State Mediator, Ron Stromer, would be available for training on negotiating with the Union. He stated that Ron Stromer would inform the committee when the Union is trying to pull the wool over you and would inform the committee when they need advice. James went on to explain what Ron’s job would be and also stated that Ron Stromer suggested there might come a time when he would refer the committee to an attorney, and that an outside source for advise is allowed during intra-based bargaining. Ric Holden stated that the committee needs to vote on any options and who will be the Chief negotiator. Ric Holden stated that they heard direct threats toward the project and gave examples regarding labor laws. He stated that a professional advisor is needed.
James Whitmer explained that the conditions of the work place has to be how it was in the past and if anything was changed it would be an unfair labor practice while in negotiations. Ric Holden stated that Doug Buxbaum posed the question to Bill Lingerfelt if Districts split, and if deciding to use contract labor or hired labor if unionized. He asked how that would change their proposal. Mr. Lingerfelt clearly stated that if one district or the other did not except the union as employees they would file an unfair labor practice. Ric Holden and Barry Rakes explained to the Board that even if there is a split the employees are still Union. Don Buxbaum asks if the Union has an authority to tell the board how many can be hired. Ric Holden stated that the committee needs to make a decision regarding legal council. James Whitmer stated that when talking with Ron Stromer he explained to him the possible split of the two districts and as of now we are operating under the Board of Control. James posed the question as to how do they go into Union negotiations knowing that down the road we will operate as two separate Districts. Ron Stromer didn’t have the answer and would advise legal council. James stated that a meeting with Ron Stromer on the 5th would be a good idea. Ric Holden stated that Bill Lingerfelt expressed that the Board does need to figure out who is going to direct the employees. Larry Heimbuch recommended the Board chairman. Barry Rakes stated that it could be himself and Don Buxbaum. It was stated that the vote for District II needs to be in by the 29th and operating still for 90 days.
Don Buxbaum expressed that some of these problems need to be resolved before the water is turned on.
Jim Finneman stated that, what would be wrong with Don Buxbaum and Barry Rakes operating temporary.
Tim Kortum stated that he still reports to Dave. They have been busy doing inventory, not buying any more supplies until inventory is done. Tim stated that he has been talking with Dave regarding selling off excess equipment which was in discussion over a year ago.
Lance Kalfell expressed his concern if Barry Rakes and Don Buxbaum would be able to work with Dave during the transition. Don Buxbaum stated that he and Barry would not do anything until Dave is gone and just temporary. Ric Holden stated that Dave is leaving the building Monday which was in a letter from Dale Hubber.
Barry Rakes would like to set up a time to meet with Tim Kortum or updates over the phone.
On a motion from Ric Holden that District I and District II presidents be placed as interim project managers for the purpose of directing the hourly employees. James Whitmer seconded.
All in Favor
Motion carried.
James Whitmer stated that he spoke to Bill Lingerfelt and said that after Bill reviewed what was done in the past, and talked with Dave and the employees, that December 23-January 4th the project would be closed, excluding Pat Davis. Ric Holden move that the hourly employees, not including Pat Davis, take time off starting on December 23rd through January 1st based on past practices. Discussion at length regarding comp time verses vacation time and not wanting a lawsuit filed. James Whitmer and Barry Rakes do not think a motion is needed. Motion died due to lack of a second vote.
Don Buxbaum states that the Auditor and State has recommended that they get a handle on vacation and comp liability. Ric Holden stated that if it is going to be managed that way the employees will use vacation not comp time. He states that the expense has not been controlled. James Whitmer expresses that he understands but if never mandated before, they can’t do it now.
Jim Finneman stated to Tim Kortum that he received a phone call from the University of Montana regarding stimulus money. Tim Kortum stated that he spoke to Dick Sheetz regarding stimulus money.
Ric Holden expressed his concern to the Board regarding comp time problem in the next 90 days. James Whitmer stated he agreed that there is a problem but needs to be addressed at the Union negotiations .Ric Holden said that Pat Davis is working on the comp and vacation times for the January meeting so it can be compared and also addressed the issue regarding the interim managers handling this with the employees.
A group discussion was held about trying to solve comp time problems and should be discussed with the Union and resolve some of the liability before meeting with the Union. Comp time can be carried over from year to year.
Ric Holden updated the Board regarding Mike Carlson. A letter was sent to DNRC to give him authority to look at the reports. The Glendive office needs to get authority from the manager in Miles City. Ric stated that Mike is available to look at the grants and to provide oversight during the transition period. A price has not been set until the authorization has gone through, and then a figure will be brought back to the January meeting. Last meeting was authorized for up to $500.00. If over $500.00 it needs to be brought back to the Board.
Ric Holden discussed vacation time for Dave Schwarrz. Members met with Dale Hubber about his contract and fifteen days vacation per year he had accumulated vacation time. Dale Hubber reviewed the contract and State Law. Ric Holden suggested to Dale to have Dave Schwarz meet with him and express the Boards concerns regarding the contract and vacation days. As of October 27th a $22,000.00 liability that would need to be paid to Dave Schwarz, after January 15th. Dave Schwarz did meet with Dale Hubber. Ric Holden passed out letter from Dale Hubber. Dave Schwarz has agreed to take vacation time on December 21st- January 15th with one exception be allowed to have working time to: finish the final report for Canal Automation for District II, approximately 2 or 3 days to finish the final report for District 1 for Lateral 34.5 and a couple of hours to set up quarterly reports for Laterals 2.9 and 7.6. Four working days would be needed to finish his work and would be paid for those four days of work. Ric Holden also discussed with Board regarding Dave Schwarz’s sick leave. Ric stated the contract is not clear on accumulated sick leave just twelve (12) days per year. As per conversation with Dale Hubber, Ric Holden stated that Dale Hubber is advising that he is kind of the quasi Public employee/contract employee. Dale Hubber is advising that the Board revert to the State statue regarding sick leave. Ric explains to take his sick leave hours that have accumulated and to be paid on 25%.
Ric Holden move that after hearing from Dave Schwarz the Board will have Dave Schwarz work for (4) days between December 21, 2009 and January 15th, 2010 and use vacation time for the remaining work days between December 21, 2009 and January 15, 2010, and that Dave will use four (4) working days to finish final report for canal automation for District II, final report for lateral 34.5 for District 1 and set up quarterly reports for laterals 2.9 and 7.6. Jim Finneman seconded.
All in Favor
Motion carried
Ric Holden made a motion for the purposes of the Project managers’ sick leave that the Board accepts the State statutes as they apply to the public employees which will allow the payment of accumulated sick leave hours up to 25% of accumulated sick leave.
The Board was in discussion on not needing to make a motion because it is State statute. Ric Holden stated that Board needs to designate it because it is not in his contract. James Whitmer seconded.
All in favor
Motion carried.
Ric Holden stated that Dave Schwarz would take payments for his sick leave over time or the other option is the tax money would be collected. Ric Holden expressed that paying a lump sum would not gain other than helping cash flow. The board was in discussion regarding comp time and ways to solve the problem.
Jim Finneman handed in his resignation. Jim Finneman requested that Lance Kalfell be his replacement for Commissioner of District II, Division Shirley. As of May it would have been Jim’s two (2) years of his three (3) year term.
Barry Rakes stated that going back to five day notice on meetings. Chairman of the Board should request this.
Pat Davis requested information when Lance Kalfell will be Commissioner, in effect next meeting.
Barry Rakes suggested looking into forgiving water taxes. Discussion was about Rainbow Estates, Pat informed the Board she had spoken to Adam Gardner and he would like Buffalo Rapids present at a meeting on January 11th.
Barry Rakes mad a motion to adjourn, James Whitmer seconded.
All in Favor
Motion carried.
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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