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February 10, 2010 Meeting Minutes

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
February 10, 2010

The Tenth Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Tenth day of February, 2010, at 3:00 p.m.

There were present and participating at the meeting:

Ray Roethle
Scott Sackman
Lance Kalfell
Barry Rakes
James Whitmer
Ric Holden

Also present and participating were Pat Davis; Assistant Secretary, Mike Carlson; Speaker, Sandy Helmuth, Larry Hass, Don Rau, Jim Finneman, Larry Heimbuch and Bill Lingerfelt. Absent: Don Buxbaum.

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.

Lance Kalfell made a motion, seconded by Scott Sackman, to approve the minutes, with corrections, from the January 13, 2010 meeting. James Whitmer made a motion, seconded by Ric Holden to approve the minutes from the January 18, 2010 meeting. All in Favor. District II minutes will be reviewed and approved at a later meeting.


FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for February. 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. Expenditures were approved for District I. Ray Roethle motioned, seconded by James Whitmer. All in Favor. Expenditures were approved for District II. Lance Kalfell motioned, seconded by Scott Sackman. All in Favor. Ric Holden made a motion, seconded by James Whitmer to approve the Treasurer’s report. Ric Holden passed a handout for District I and District IIs cash budget sheet and also reviewed with the Board operating costs for the next nine months.

Mike Carlson gave a brief history of his career attributes. Mike Carlson presented the Board with the Project Pipe Inventory list that was done with the help of Bill Fleckenstein. Mike Carlson also presented to the Board a list of current grants for District I and District II. Mike reviewed with the Board the pending improvement projects report for District I and II. Mike Carlson will summarize this information and have a recommendation on management on grants and will discuss with the Board at a later date. Mike stated that he did not find any misappropriations with the grants.

James Whitmer and Ric Holden met with Ron Pisk from Stockman Bank. Ric Holden presented to the Board handouts:
1. Cash budget balance sheet
2. Operating cost estimate over nine months
3. Stockman Bank pipe loan report
4. Stockman Bank $190,000.00 operating loan report
5. Note model statement from Stockman Bank
6. Refinance plan note model from Stockman Bank

Ric Holden discussed with the Board information on the current loans from Stockman Bank. Ric stated that Ron Pisk had a suggestion of combining the current operating loan and adding the possible $100,000.00 operating loan. Ric Holden stated that there are three things the Board needs to consider. (1) Is $100,000.00 enough to operate until July, (2) does the Board want to encumber more debt and have a tax increase on the farmers, and (3) if not borrowing the money, payroll will not be able to be met. Ric also stated that we do not have a collective bargaining agreement that has a (RIF) which could cause a labor complaint from the Union if employees are laid off.

James Whitmer stated that restructuring for $278,055.00 is possible. James Whitmer also stated that a direct payment could be made directly from the County Treasurers’ office to Stockman Bank. Ron Pisk requested the District I make a decision on what needs to be done. Raising water tax was discussed between the Board members.

James Whitmer stated that a recommended minimum of $200,000 be in reserves for District I according to Dick Long of the Bureau of Reclamation. District I has to carry at least $55,000, and District II needs to be $60,000.

It was brought to the Board that District I land owners should be aware of a possible rate increase. Ray Roethle stated that contacting Ron Pisk should be done. James Whitmer will contact Ron Pisk about consolidating the loan and borrow up to $120,000 and find out if a revolving line of credit is possible with semiannual payments coming from the Treasurer’s office.

Ray Roethle would like to set a District I meeting for the land owners regarding rate increase and basic information on what has been happening with the Board of Control. The meeting will be held in Glendive on February 18, 2010 at 7:00 p.m. Commissioners in District I will contact their producers. Larry Heimbuch will contact the radio to notify land owners and the courthouse to reserve space. James Whitmer stated that a $2.00 rate increase per acre to service the debt. Ric Holden stated that a presentation needs to be structured.

COMMITTEE REPORTS:
Union Negotiation Subcommittee:

James Whitmer reported that the committee has met twice with Ron Stormer and Al Ekblad and Bill Lingerfelt. James stated that the needs of District I are different District II as well as the Board of Control. The committee agreed that a memorandum of understanding is needed until District I and District II are split. James stated that as of now discussion and thoughts have taken place and no decisions have been made. Ric Holden stated that transitional language needs to be done in the memorandum of understanding regarding labor force for projects that have been started. Bill Lingerfelt stated that on February 22, 2010 the Union will have a plan. Bill also stated that a memorandum of understanding is needed. Ric Holden questioned the memorandum of understanding would need to be run by a labor law attorney. Bill Lingerfelt stated that there should not be attorneys needed. Bill Lingerfelt stated that as of now employees are running status quoi. Ric Holden stated the Board needs to decide if a labor attorney is needed. Bill Lingerfelt stated that a labor attorney is not needed. Ray Roethle stated to go ahead and do the memorandum of understanding then bring to the Board to approve and then if needed hire a labor attorney. Lance Kalfell feels that the negotiating subcommittee should have the right to decide if they need an attorney understanding that after the split each District would need to pay for an attorney if needed.

Lance Kalfell made a motion to allow the Union Negotiating Subcommittee the latitude to seek legal council if they feel the need, Ray Roethle seconded. Four votes for the motion: James Whitmer, Ric Holden, Lance Kalfell, and Ray Roethle; and two against: Barry Rakes, and Scott Sackman; Absent: Don Buxbaum.

Motion carried


Lance Kalfell stated that Jim Finneman contacted him regarding a possibility of a manager, Mel Brosinke from Nebraska. Lance was going to meet with him in Billings but Mel did not show.

Lance Kalfell wanted to clarify his statement that District II did not want to see the District being an abler to District I to use for operating for a large amount of money and thought that the best thing for District I would be to obtain a loan but short term borrowing of money was fine.


OLD BUSINESS:

Cell phones: Bill Lingerfelt stated that the cell phones are an employee benefit as well having the wives have a cell phone as of now it is status quo.

Barry Rakes stated that the equipment needs serviced. He will work with Bill Tusler. Bill has gone through the equipment and vehicles that need servicing (the equipment that has been designated for each District). Ric Holden stated that he has spoke with Don Buxbaum and Don explained that the expenses for the equipment and the bills need to be kept separate for each District. Don Buxbaum stated to Ric Holden that he would like to speak to Bill Tusler before servicing.

PUBLIC COMMENT:

Sandy Helmuth questioned what determination where employees will be working. Bill Lingerfelt stated that as of right now it has not been decided.

Next regular scheduled meeting will be held on March 10, 2010 at 3:00 p.m.

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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