MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
January 13, 2010
The Ninth Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Thirteenth day of January, 2010, at 3:00 p.m.
There were present and participating at the meeting:
Don Buxbaum
Ray Roethle
Scott Sackman
Lance Kalfell
Barry Rakes
James Whitmer
Ric Holden
Also present and participating were, Pat Davis, Assistant Secretary, Dick Scheetz; NRCS, Kay Braddock; Terry Tribune, and area producers.
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.
Ric Holden made a motion, seconded by James Whitmer, to approve the minutes, with corrections, from the December 09, 2009 meeting. Ric Holden stated that the minutes need to be adopted by the sub committees for the December 10, 2009 meeting and December 16, 2009 to be approved. James Whitmer made a motion, seconded by Ric Holden to approve the minutes with corrections, from the December 18, 2009 meeting. All in Favor.
Dick Scheetz met with the Board regarding the EQIP Program and how Buffalo Rapids was transferred to the Public 566 Small Watershed Program. Dick Scheetz stated that in 1996 the Farm Bill authorized EQIP, at that time NRCS had priority areas. In 1998 priority areas changed and were throughout the whole state. NRCS had information regarding Buffalo Rapids and thought that the organization was a priority area so it was decided to roll the information from EQIP priority area to the Public 566 Small Watershed Program which was adopted in 1999. In the program there is generally no funding, to date there has been one center pivot at Fallon which was funded under the program, last summer with the American Reinvestment and Recovery Act there was money put into the Small Watershed projects. Dick Scheetz states that there were projects funded through this. In 1999 the cost share that NRCS provided on irrigation was 65% since then it has been a 50% cost share. Dick Scheetz explains that a signature is needed for the 50% cost share and approval of supplemental agreement. Lance Kalfell made a motion to sign the change from 65% cost share to 50%. Ray Roethle seconded.
All in favor
Motion carried
FINANCIAL REPORT:
Pat Davis presented current budget figures which included payroll and expenditures for January. 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.
Don Buxbaum made a motion, seconded by James Whitmer, to approve the Treasurer’s report and the transfer of $98,137.25 for District I. Scott Sackman made a motion, seconded by Lance Kalfell, that the Treasurer’s report and the transfer of $47,984.30 for District II be approved. Motions carried. A transfer sheet was also signed for District I to transfer funds of $54,067.55 for the payment due to Stockman Bank Loans. District I also signed a transfer sheet to transfer funds of $30,438.81 to pay the District I Construction Loan.
Pat informed the Board that funds had been set aside in District II System Rehab of $27,682.32. Funds were also set aside in District I System Rehab in the amount of $12,315.62; and District I Equipment Reserve for $33,439.04; and District I Debt Repayment Reserve in the amount of $16,955.88. The accumulated money will be transferred into those accounts at the beginning of each fiscal year.
Pat Davis asked the Board for a decision on the auditors that they would like to employ for the audit of the 2009 operating year. On a motion from Lance Kalfell, and seconded by Don Buxbaum it was decided to hire Paul Strom and Associates to perform the 2009 audit.
All in favor
Motion carried
Pat Davis brought to the Board’s attention that the Petitions for Nomination for the Board of Control in Terry Division and Division 3 were up for election this year. The member at large will be out of Division 2. The required papers were given to the commissioners out of the divisions up for election.
Pat Davis stated that the petitions for nominations are up for Ray Roethle and Barry Rakes. She suggested contacting the county regarding the date the forms need to be in by.
Pat Davis posed the question to the Board regarding the 3% pay increase for the employees. The Board decided to take the 3% pay increase out of the treasurer’s report and not be given to the employees.
The Board members were in discussion regarding the Pipe Loan payment to Stockman Bank, after discussion the Board agrees to make the payment to the bank.
Don Buxbaum brought to the Board a letter from a public hearing on January 11, 2010 regarding Rainbow Estates. Don Buxbaum stated that Dawson County did change their minds regarding forgiving the back taxes. Dawson County will not forgive the back taxes.
Compensated Absences worksheet was reviewed by the Board. Past practice was discussed and comp time needs to be addressed at the Union negotiating meeting. The comp time and vacation hours have been reduced since the last Board meeting.
Barry Rakes brought to the Board information regarding splitting of District I and District II. Barry states that District II did get the results back from the ballot that was sent to the land owners which resulted in a vote of forty (40) to split from District I and four (4) against the split of District I and District II out of approximately seventy (70) ballots that were sent. Barry addressed the question of how District I felt. Lance Kalfell states that District II would like input from District I before initiating splitting of districts. District I states that some of the producers are for the split and some are reluctant as well as the producers would like more of a plan before a decision is made. Lance Kalfell addressed the Board that District II does want a manager and questioned if District I would want a manager. He also addressed the question does District I want to split. Don Buxbaum stated the split is not going to be easy and the main concern is getting this done by spring so there is no issue on getting water to the producers in a timely manner. James Whitmer stated that some of the producers would like a plan and some of the producers are concerned if District I and District II can work together. James Whitmer stated that if there is split he would like a procedural plan and wants water delivered in a timely manner. The Board was in discussion when the split should happen and it needs to be in a friendly manner. It was stated that a manger is needed and the Bureau of Reclamation will help find a manger. Ray Roethle states that District II needs to take a vote. Lance Kalfell states that they will go ahead with the split or give ninety days. James Whitmer questioned the ninety days. Lance Kalfell states that the ninety days only confirms the split. The Board discussed the ninety days, which is a state statue and explained by Sandy Helmuth. The Board has decided to accept the letter from District II and agrees to work in a timely friendly manner. Lance Kalfell made a motion to give the letter to District I dissolving Districts. Scott Sackman seconded the motion.
All in Favor
Motion carried
BE IT RESOLVED,
To inform Board of Control that District II of the Buffalo Rapids Irrigation Project is withdrawing from the agreement which established the Buffalo Rapids Board of Control by Contract Agreement dated May 13, 1959. Pursuant of Paragraph XVIII of the Contract, District II of the Buffalo Rapids Irrigation Project is giving a written ninety day notice of withdrawal from this Contract. District II of the Buffalo Rapids Irrigation Project shall automatically, upon the lapse of said ninety day period, no longer be bound by the terms and provisions of this contract.
All in Favor
Motion carried
James Whitmer stated that he wants to protect District I land owners. He agrees with Lance Kalfell that an acceptance letter and a memorandum of understanding from District I is needed. James Whitmer and Lance Kalfell will meet.
COMMITTEE REPORTS:
Union Negotiation Subcommittee
James Whitmer stated that the members will meet with Ron Stormer on January 15th at 10:30. James Whitmer stated that Al Ekblad contacted him when the negotiating meeting will be set. The 21st of January will be the first day available for starting negotiating would be available for Al.
Budget
Ric Holden stated to the Board that a date needs to be set for 2010 Board of Control budget. James Whitmer suggested that each district meet separately and overview budgets.
The Board was in discussion that Pat Davis does not have to be present to record subcommittee meetings. Lance Kalfell motioned Pat Davis will be able to be absent and still set recorder. Ric Holden seconded.
All in Favor
Motion carried
District I Budget meeting will be January 18th at 1:00. District II Budget meeting January 19th at 1:00.
Mike Carlson Tasks
Ric Holden met with Mike Carlson regarding grant, lateral and other projects.
Ric Holden passed out a list of tasks that Mike Carlson was asked to compile. Board reviewed the task list.
(Buffalo Rapids Grant, Lateral, and other projects summary)
1. Compile a comprehensive list of ongoing lateral projects.
2. Compile a list of active Grants & Inactive Grants on record in the Buffalo Rapids office.
3. Consult the NRCS for project specifics that involve Buffalo Rapids.
4. Find out what commitments BR has to complete, or build lateral projects.
5. Determine what commitments BR has to possible related “on-farm” pipeline construction.
6. Determine if BR has grants approved and the cost of the associated project.
7. Inspect construction site to attempt determination of construction progress & if pipe inventory is on site or in Terry shop yard. Consult Bill Fleckenstein for pipe inventory.
8. See if the office files require paperwork to be submitted for payment or compliance.
9. Project any pipe & valve items that still need to be purchased to finish ongoing projects, in the trenching process.
10. Examine lateral time line report of July 2009.
11. Draft a white board for the Terry office board room listing ongoing grant projects and costs, & matches.
12. Prepare in person presentation to the board with your findings.
Ric passed a second handout (grants and lateral projects). The handout also has the estimating time and expense of grant review and follow up reporting for Mike Carlson. Lance Kalfell motioned to hire Mike Carlson. James Whitmer seconded.
All in Favor
Motion carried
James Whitmer stated that during the next budget meetings Districts can appoint subcommittees.
NEW BUSINESS:
Mapping Project
Barry Rakes stated that a bill was received Geo Spardal Solutions, which is a yearly fee of over $5,000.00 to keep data base updated. After discussion with Rusty Merritt the bill can be put on hold and info will still be sent. Don Buxbaum stated that it may need to be cancelled, due to the system not working as it was intended. Barry Rakes explains that the maps need to be digitized as well as the pump houses.
Employee Cell phones
The members discussed the need for employees and wives to have a cell phone. Barry Rakes, Don Buxbaum and Pat Davis will look at the cell phone usage.
Board Member Travel Per Diem
Ric Holden states that suspending travel per diem for Board members for meetings. Barry Rakes and Don Buxbaum need to be the exception. Ric motioned to suspend travel per diem for Board meetings. James Whitmer seconded.
All in Favor
Motion carried
Interim Manger Reimbursement
The members discussed ways to reimburse Don Buxbaum and Barry Rakes. It was decided to have a travel voucher and pay 50 cents per mile that was incurred with the understanding that the voucher is handed in. Payment will be made once a month. James Whitmer made a motion to pay Don and Barry 50 cents per mile. Lance Kalfell seconded.
All in Favor
Motion carried
PUBLIC COMMENT:
Victor Deines suggested that Tim Kortum fill in when Don Buxbaum and Barry Rakes get busy.
Sandy Helmuth questioned the Board regarding the loan to Stockman Bank. The members stated that it was used to operate. Sandy was also concerned the EQIP program contract.
Next regular scheduled meeting will be held on February 10, 2010 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
January 13, 2010
The Ninth Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Thirteenth day of January, 2010, at 3:00 p.m.
There were present and participating at the meeting:
Don Buxbaum
Ray Roethle
Scott Sackman
Lance Kalfell
Barry Rakes
James Whitmer
Ric Holden
Also present and participating were, Pat Davis, Assistant Secretary, Dick Scheetz; NRCS, Kay Braddock; Terry Tribune, and area producers.
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.
Ric Holden made a motion, seconded by James Whitmer, to approve the minutes, with corrections, from the December 09, 2009 meeting. Ric Holden stated that the minutes need to be adopted by the sub committees for the December 10, 2009 meeting and December 16, 2009 to be approved. James Whitmer made a motion, seconded by Ric Holden to approve the minutes with corrections, from the December 18, 2009 meeting. All in Favor.
Dick Scheetz met with the Board regarding the EQIP Program and how Buffalo Rapids was transferred to the Public 566 Small Watershed Program. Dick Scheetz stated that in 1996 the Farm Bill authorized EQIP, at that time NRCS had priority areas. In 1998 priority areas changed and were throughout the whole state. NRCS had information regarding Buffalo Rapids and thought that the organization was a priority area so it was decided to roll the information from EQIP priority area to the Public 566 Small Watershed Program which was adopted in 1999. In the program there is generally no funding, to date there has been one center pivot at Fallon which was funded under the program, last summer with the American Reinvestment and Recovery Act there was money put into the Small Watershed projects. Dick Scheetz states that there were projects funded through this. In 1999 the cost share that NRCS provided on irrigation was 65% since then it has been a 50% cost share. Dick Scheetz explains that a signature is needed for the 50% cost share and approval of supplemental agreement. Lance Kalfell made a motion to sign the change from 65% cost share to 50%. Ray Roethle seconded.
All in favor
Motion carried
FINANCIAL REPORT:
Pat Davis presented current budget figures which included payroll and expenditures for January. 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.
Don Buxbaum made a motion, seconded by James Whitmer, to approve the Treasurer’s report and the transfer of $98,137.25 for District I. Scott Sackman made a motion, seconded by Lance Kalfell, that the Treasurer’s report and the transfer of $47,984.30 for District II be approved. Motions carried. A transfer sheet was also signed for District I to transfer funds of $54,067.55 for the payment due to Stockman Bank Loans. District I also signed a transfer sheet to transfer funds of $30,438.81 to pay the District I Construction Loan.
Pat informed the Board that funds had been set aside in District II System Rehab of $27,682.32. Funds were also set aside in District I System Rehab in the amount of $12,315.62; and District I Equipment Reserve for $33,439.04; and District I Debt Repayment Reserve in the amount of $16,955.88. The accumulated money will be transferred into those accounts at the beginning of each fiscal year.
Pat Davis asked the Board for a decision on the auditors that they would like to employ for the audit of the 2009 operating year. On a motion from Lance Kalfell, and seconded by Don Buxbaum it was decided to hire Paul Strom and Associates to perform the 2009 audit.
All in favor
Motion carried
Pat Davis brought to the Board’s attention that the Petitions for Nomination for the Board of Control in Terry Division and Division 3 were up for election this year. The member at large will be out of Division 2. The required papers were given to the commissioners out of the divisions up for election.
Pat Davis stated that the petitions for nominations are up for Ray Roethle and Barry Rakes. She suggested contacting the county regarding the date the forms need to be in by.
Pat Davis posed the question to the Board regarding the 3% pay increase for the employees. The Board decided to take the 3% pay increase out of the treasurer’s report and not be given to the employees.
The Board members were in discussion regarding the Pipe Loan payment to Stockman Bank, after discussion the Board agrees to make the payment to the bank.
Don Buxbaum brought to the Board a letter from a public hearing on January 11, 2010 regarding Rainbow Estates. Don Buxbaum stated that Dawson County did change their minds regarding forgiving the back taxes. Dawson County will not forgive the back taxes.
Compensated Absences worksheet was reviewed by the Board. Past practice was discussed and comp time needs to be addressed at the Union negotiating meeting. The comp time and vacation hours have been reduced since the last Board meeting.
Barry Rakes brought to the Board information regarding splitting of District I and District II. Barry states that District II did get the results back from the ballot that was sent to the land owners which resulted in a vote of forty (40) to split from District I and four (4) against the split of District I and District II out of approximately seventy (70) ballots that were sent. Barry addressed the question of how District I felt. Lance Kalfell states that District II would like input from District I before initiating splitting of districts. District I states that some of the producers are for the split and some are reluctant as well as the producers would like more of a plan before a decision is made. Lance Kalfell addressed the Board that District II does want a manager and questioned if District I would want a manager. He also addressed the question does District I want to split. Don Buxbaum stated the split is not going to be easy and the main concern is getting this done by spring so there is no issue on getting water to the producers in a timely manner. James Whitmer stated that some of the producers would like a plan and some of the producers are concerned if District I and District II can work together. James Whitmer stated that if there is split he would like a procedural plan and wants water delivered in a timely manner. The Board was in discussion when the split should happen and it needs to be in a friendly manner. It was stated that a manger is needed and the Bureau of Reclamation will help find a manger. Ray Roethle states that District II needs to take a vote. Lance Kalfell states that they will go ahead with the split or give ninety days. James Whitmer questioned the ninety days. Lance Kalfell states that the ninety days only confirms the split. The Board discussed the ninety days, which is a state statue and explained by Sandy Helmuth. The Board has decided to accept the letter from District II and agrees to work in a timely friendly manner. Lance Kalfell made a motion to give the letter to District I dissolving Districts. Scott Sackman seconded the motion.
All in Favor
Motion carried
BE IT RESOLVED,
To inform Board of Control that District II of the Buffalo Rapids Irrigation Project is withdrawing from the agreement which established the Buffalo Rapids Board of Control by Contract Agreement dated May 13, 1959. Pursuant of Paragraph XVIII of the Contract, District II of the Buffalo Rapids Irrigation Project is giving a written ninety day notice of withdrawal from this Contract. District II of the Buffalo Rapids Irrigation Project shall automatically, upon the lapse of said ninety day period, no longer be bound by the terms and provisions of this contract.
All in Favor
Motion carried
James Whitmer stated that he wants to protect District I land owners. He agrees with Lance Kalfell that an acceptance letter and a memorandum of understanding from District I is needed. James Whitmer and Lance Kalfell will meet.
COMMITTEE REPORTS:
Union Negotiation Subcommittee
James Whitmer stated that the members will meet with Ron Stormer on January 15th at 10:30. James Whitmer stated that Al Ekblad contacted him when the negotiating meeting will be set. The 21st of January will be the first day available for starting negotiating would be available for Al.
Budget
Ric Holden stated to the Board that a date needs to be set for 2010 Board of Control budget. James Whitmer suggested that each district meet separately and overview budgets.
The Board was in discussion that Pat Davis does not have to be present to record subcommittee meetings. Lance Kalfell motioned Pat Davis will be able to be absent and still set recorder. Ric Holden seconded.
All in Favor
Motion carried
District I Budget meeting will be January 18th at 1:00. District II Budget meeting January 19th at 1:00.
Mike Carlson Tasks
Ric Holden met with Mike Carlson regarding grant, lateral and other projects.
Ric Holden passed out a list of tasks that Mike Carlson was asked to compile. Board reviewed the task list.
(Buffalo Rapids Grant, Lateral, and other projects summary)
1. Compile a comprehensive list of ongoing lateral projects.
2. Compile a list of active Grants & Inactive Grants on record in the Buffalo Rapids office.
3. Consult the NRCS for project specifics that involve Buffalo Rapids.
4. Find out what commitments BR has to complete, or build lateral projects.
5. Determine what commitments BR has to possible related “on-farm” pipeline construction.
6. Determine if BR has grants approved and the cost of the associated project.
7. Inspect construction site to attempt determination of construction progress & if pipe inventory is on site or in Terry shop yard. Consult Bill Fleckenstein for pipe inventory.
8. See if the office files require paperwork to be submitted for payment or compliance.
9. Project any pipe & valve items that still need to be purchased to finish ongoing projects, in the trenching process.
10. Examine lateral time line report of July 2009.
11. Draft a white board for the Terry office board room listing ongoing grant projects and costs, & matches.
12. Prepare in person presentation to the board with your findings.
Ric passed a second handout (grants and lateral projects). The handout also has the estimating time and expense of grant review and follow up reporting for Mike Carlson. Lance Kalfell motioned to hire Mike Carlson. James Whitmer seconded.
All in Favor
Motion carried
James Whitmer stated that during the next budget meetings Districts can appoint subcommittees.
NEW BUSINESS:
Mapping Project
Barry Rakes stated that a bill was received Geo Spardal Solutions, which is a yearly fee of over $5,000.00 to keep data base updated. After discussion with Rusty Merritt the bill can be put on hold and info will still be sent. Don Buxbaum stated that it may need to be cancelled, due to the system not working as it was intended. Barry Rakes explains that the maps need to be digitized as well as the pump houses.
Employee Cell phones
The members discussed the need for employees and wives to have a cell phone. Barry Rakes, Don Buxbaum and Pat Davis will look at the cell phone usage.
Board Member Travel Per Diem
Ric Holden states that suspending travel per diem for Board members for meetings. Barry Rakes and Don Buxbaum need to be the exception. Ric motioned to suspend travel per diem for Board meetings. James Whitmer seconded.
All in Favor
Motion carried
Interim Manger Reimbursement
The members discussed ways to reimburse Don Buxbaum and Barry Rakes. It was decided to have a travel voucher and pay 50 cents per mile that was incurred with the understanding that the voucher is handed in. Payment will be made once a month. James Whitmer made a motion to pay Don and Barry 50 cents per mile. Lance Kalfell seconded.
All in Favor
Motion carried
PUBLIC COMMENT:
Victor Deines suggested that Tim Kortum fill in when Don Buxbaum and Barry Rakes get busy.
Sandy Helmuth questioned the Board regarding the loan to Stockman Bank. The members stated that it was used to operate. Sandy was also concerned the EQIP program contract.
Next regular scheduled meeting will be held on February 10, 2010 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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