Buffalo Rapids Irrigation District No. 2 Meeting Minutes

January 12, 2012 District No. 2 Meeting Minutes

2012-02-09T10:14:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

JANUARY 12, 2012

The Ninth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the twelfth day of January, 2012 at 1:30 p.m.

There were present and participating at the meeting:

Barry Rakes
Lance Kalfell
Scott Sackman

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer, Allen Gierke.

President Barry Rakes 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 Barry Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the December 12, 2011 Board Meeting were approved without corrections and, or additions, by Lance Kalfell seconded by Scott Sackman.
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 in the amount of $20,532.87, to cover payroll and invoices were signed. January 15th estimated payroll: $4,913.88; January estimated invoices: $9,849.58; January 31st estimated payroll: $5,769.41. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $422,327.00 with Prairie County Pool at Stockman Bank. On a motion made by Scott Sackman and seconded by Lance Kalfell the treasurer’s report was approved.

Pat presented to the Board for signature the managers contract for 2012. The contract was signed by all members of the Buffalo Rapids Irrigation District No. 2 Board.

Petition for nomination and oath of candidacy forms were given to Mr. Scott Sackman for the term as commissioner of Terry Division, Buffalo Rapids Irrigation District No. 2.

MANAGER’S REPORT:

Ray and Pat have been corresponding with the Bureau of Reclamation, and Custer County Conservation District concerning the water rights allocated to the Divisions within the District. The original abstract does not include the acres added since the reclassification of land in 2005. Pat and Ray will continue to work with the Bureau of Reclamation on the issue.

The members of the Board discussed the need for by-laws that need to be adopted concerning sub-divisions of land within the District. The District No. 2 Board felt that it would be proactive to establish by-laws concerning multi parcel sub-divisions in case of occurrence.

Shirley Fish Screen Project:

Ray Strasheim and Barry Rakes spoke with Eric Doern of Intralox concerning the Shirley fish screens. They discussed the discrepancies in the weight of the screens that has caused so many unforeseen problems with the project. The members of the Board talked over options that they will pursue concerning the completion and financials of the Shirley Fish Screen Project. The District No. 2 commissioners agreed to contact an attorney concerning the issues with Intralox. On a motion made by Scott Sackman and seconded by Lance Kalfell is was

RESOLVED,

That Raymond Strasheim and Barry Rakes will obtain legal counsel for Buffalo Rapids Irrigation District No. 2.

All in favor. Motion carried.

Ray is waiting for the bids to come in for the completion of the rip rap installation and repair of the wing wall at the Shirley pumping plant. Pat informed the Board that all permitting has been obtained for both projects.

Ray informed the members of the Board that he spoke with Scott Aspenlieder from WWC Engineering. Scott informed Ray that it would not be advisable to try and obtain Water Smart funding for the Terry Discharge Line Phase II project. He stated that the funding would be extremely hard to obtain for our District. He informed Ray that he would have more information available on the Phase II project soon.

Ray stated that Prairie Pump & Machine is almost done with the damaged Fallon River pump. Hellman Insurance has been contacted concerning a claim that will be submitted for the repairs. Allen Gierke will be contacting L&J Machine to take motors to Billings to be worked on.

Bill Tusler received quotes from RDO Equipment for repairs to the 120 excavator. Repairs will be done later in the year. Windshields have been replaced in three District No. 2 vehicles that were in need. Bill has also been servicing all District No. 2 vehicles and equipment.

Barry Rakes shared with the members of the Board that he has spoken with Tongue River Electric Cooperative concerning the removal of a power line located in his field. Barry stated that the proposed new location of the power line may impede on Buffalo Rapids District No. 2 right of way. The issue will be looked into further if necessary.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

December 12, 2011 District No. 2 Meeting Minutes

2012-01-12T15:24:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

DECEMBER 12, 2011

The Eighth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the twelfth day of December, 2011 at 1:30 p.m.

There were present and participating at the meeting:

Barry Rakes
Lance Kalfell
Scott Sackman

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer, Allen Gierke.

President Barry Rakes 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 Barry Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the November 09, 2011 Board Meeting were approved without corrections and, or additions, by Scott Sackman seconded by Lance Kalfell.
All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for December. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $40,000.88, to cover payroll and invoices were signed. December 15th estimated payroll: $13,356.34; December estimated invoices: $15,405.75; December 31st estimated payroll: $11,238.79. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $350,075.00 with Prairie County Pool at Stockman Bank. On a motion made by Scott Sackman and seconded by Lance Kalfell the treasurer’s report was approved.

A 2012 budget was presented to the Board for approval. After much discussion and some revisions the budget was approved by the Buffalo Rapids Irrigation District No. 2 Board of Commissioner. On a motion made by Lance Kalfell and seconded by Scott Sackman it was

RESOLVED, that the 2012 Budget be approved.

All in Favor. Motion carried.

MANAGER’S REPORT:

Ray informed the Board of commissioners that the Terry pumping plant had large amounts of silt and rock deposited in the channel in front of the plant. The debris is preventing the river from flowing down the entire channel. Allen Gierke and Bill Tusler rode four-wheelers out to the river and took photographs of the channel leading into the plant. The photos were passed for the Board’s review. Permits are being pursued with the assistance from Prairie County Conservation District to clear the channel.

Ray spoke with Rita Fraser and Mark Beatty from the Bureau of Reclamation concerning Buffalo Rapids Irrigation District No. 2 water rights. He asked for information concerning the ability of the District to increase the allotment of water per acre. He also asked if it was beneficial for water conservation and the funding received for water conservation, to increase the allotment of water per acre. He was informed that the allotment per acre for water adjudication pertains to past history use only. Ray will continue to look into the issue further.

Ray informed the Board that the NRCS wrote and informed the office that they will only fund the upstream side of the Shirley pumping plant due to the uncertainty of the downstream side of the project, and the possibility of a crane pad. The contract for the project will be mailed possibly as soon as next week. All permit applications have been filed with all appropriate entities for construction to begin as soon as possible.

Shirley Fish Screen Project:
Ray received the new design for the repair of the wing wall from the Bureau of Reclamation. Ray passed the new design for the Board’s review. The permit applications have been filed to all the appropriate entities. Ray emailed Intralox and explained the circumstances surrounding the final payment of the fish screens. In the response from Intralox it was noted that they would be willing to help out in any way possible.

Ray informed the members of the Board that he visited with Scott Aspenlieder from WWC Engineering at the Terry office concerning the Terry discharge line planning grant. Mr. Aspenlieder and an associate toured the Terry pumping plant and reviewed the documents of Terry Discharge Line Phase 2 proposal. Ray asked Mr. Aspenlieder if he would look into combining the Terry Fish Screen project and the Terry discharge line project into one proposal and apply for Water Smart funding.

Bruce Lantis and Dan Wolf have been working on the columns and lube tubes in the shop. They have about half of the columns done and painted most of the lube tubes with a neutralizing agent and paint. Ray expects them to be completed before the 25th of December. Bill Tusler is done cleaning at Fallon and Terry for this year. Allen Gierke is currently on vacation until early spring unless needed.

Allen Gierke received a one quote for the Fallon Relift motor and will contact L&J Machine for another quote. Prairie Pump & Machine is working on pumps. A claim will be submitted for the Fallon River #1 pump that was damaged upon start up due to heavy amounts of silt. Ray and Pat have been working with Hellman Insurance on the issue.

On a motion made by Lance Kalfell and seconded by Scott Sackman is was

RESOLVED,

To renew the Manager’s contract for a one year term for Mr. Raymond Strasheim with an increase in salary of ten percent.

All in favor. Motion carried.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

November 09, 2011 District No. 2 Meeting Minutes

2011-12-13T07:35:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

NOVEMBER 09, 2011

The Seventh Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the ninth day of November, 2011 at 1:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer, Allen Gierke.

President Barry Rakes 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 Barry Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the October 12, 2011 Board Meeting were approved with corrections and, or additions, by Lance Kalfell seconded by Barry Rakes.
All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for November. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $35,910.98, to cover payroll and invoices were signed. November 15th estimated payroll: $15,051.89; November estimated invoices: $10,900.94; November 30th estimated payroll: $9,958.15. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $215,494.00 with Prairie County Pool at Stockman Bank. On a motion made by Lance Kalfell and seconded by Barry Rakes the treasurer’s report was approved.

Pat informed the members of the Board that she had received payment on the MACO insurance claim for the Red Pump at Browning’s at Fallon.

Pat asked for the Board’s opinion about hosting a Christmas party for the employees in conjunction with a retirement party for Ben Benjamin and Bill Fleckenstein. The Board decided that Buffalo Rapids District No. 2 will host a Christmas and Retirement Party to be held in December. Pat will make the arrangements for the festivities.

Union Negotiating Meeting:
The Board discussed the meeting held between the Union Negotiating Committee and the employees on October 25, 2011. The subject of discussion for the meeting was the employee wages for the year 2012. On a motion made by Lance Kalfell and seconded by Barry Rakes it was resolved to accept the Memorandum of Understanding between Buffalo Rapids Irrigation District No. 2 and the International Union of Operating Engineers Local 400, Article XVI, Wages. All in Favor, Motion Carried.

BE IT RESOLVED,

To accept Article XVI-Wages in the Memorandum of Understanding between Buffalo Rapids Irrigation District No. 2 and the International Union of Operating Engineers Local 400.

The Board also discussed that they would like to pay the part time employees a year-end bonus equal to 2.5% of the monthly wage of the employee times the number of months worked, not to be less than $100.00.

MANAGER’S REPORT:

Shirley Fish Screen Project:
Ray informed the members of the Board that a meeting was held in Terry and at the Shirley Pumping plant, concerning the Shirley Fish Screen Project on October 26, 2011. Attending were representatives from the local and regional N.R.C.S. offices, and the Bureau of Reclamation. Discussions were held on how to move forward with the project. The group also discussed different options for installing and removing the screens annually. Pat is waiting to hear back from the N.R.C.S. and B.O.R. offices concerning a new or extended memorandum of understanding, and information on a waiver of cost share funds. The Board discussed at length what is needed to move forward with the project and what their options are with the project. Allen Gierke spoke with Western Area Power Administration concerning their schedule for moving the Shirley substation. They informed him that it not scheduled to happen for a year. Allen will contact them again let them know it would be in the District’s best interest if they could move it sooner if possible.

Ray spoke with the Board about the easement at Terry Pumping Plant. Pat researched the road easement and forwarded the information she found to Ray and the Board. Ray spoke with Tim Kortum, who leases the land from Don Johnson, about purchasing a small amount of land at the Terry Pumping Plant site.

Allen Gierke spoke with the members of the Board about pulling pumps for the District. Pictures were passed for the Boards review of the Fallon River Pump #1. He informed them that the damage was extensive to the impeller, bowl, and shaft. The damage was due to the large amounts of silt that were deposited in the bay this spring by the ice jams and flooding. Allen also requested new planking for Terry and Shirley Pumping Plants, which the Board agreed should be done. Allen informed the Board that they had brought in the Fallon Relift motor to be sent off and inspected. Allen will consult with Bob and decide if they need to send off a Terry Plant motor as well. Dan Wolf will be working on the lube tubes and will be kept on at District No. 2 as long as there is work to be done.

Billy Tusler has been cleaning the canal in Fallon and Terry Division. He will continue to clean canal as the weather permits.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Barry Rakes. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

October 12, 2011 District No. 2 Meeting Minutes

2011-11-09T15:40:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

OCTOBER 12, 2011

The Sixth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the twelfth day of October, 2011 at 7:00 p.m.

There were present and participating at the meeting:

Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

Vice President Scott Sackman 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, Vice President Scott Sackman announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the September 14, 2011 Board Meeting were approved without corrections and, or additions, by Lance Kalfell seconded by Scott Sackman.
All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for October. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $28,689.12, to cover payroll and invoices were signed. October 15th estimated payroll: $7,056.66; October estimated invoices: $11,674.31; October 31st estimated payroll: $9,958.15. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $229,592.00 with Prairie County Pool at Stockman Bank. On a motion made by Lance Kalfell and seconded by Scott Sackman the treasurer’s report was approved.

Pat spoke with the Board about the 2011 water overage incurred for the season. The Board reviewed the producers listed. Pat informed them she would invoice for overage the following day.

Pat informed the members of the Board for budgeting purposes that John McAulay is currently delinquent in Buffalo Rapids Irrigation District No. 2 assessments for the last two full years in the amount of $24,275.00, not including penalties and interest.

MANAGER’S REPORT:

Shirley Fish Screen Project:

Ray informed the members of the Board that the participation with the N.R.C.S. Emergency Watershed Protection Program has been reinstated for the installation of rip rap at the Shirley Pumping Plant. Engineers and local N.R.C.S. officials traveled to the Shirley Pumping Plant and estimated the unofficial cost of the installation of rip rap at the site. Within the program there will be a 75%-25% cost share, with District No. 2 equipment and labor constituting the required 25% cost share. Ray stated that he is still waiting for the Bureau of Reclamation to contact him to set up a meeting concerning the repairs on the wing wall for the Fish Screen Project. All progress is at a stand-still until the engineering is completed by the Bureau of Reclamation. Ray handed for the Boards review pictures of all pumping plants. He stated that Shirley and Fallon are in need of rip rap repair, but the Terry Plant did not necessarily need any repairs.

Ray advised the District No. 2 Board that he had received notice that all F.E.M.A. funds are frozen until further notice. Buffalo Rapids Irrigation District No. 2 has not received any funds to date.

Ray met with Greg Roberts of Diamond Ring Ranch concerning a syphon on his land that is in need of replacement. He had concerns whether it was the responsibility of District No. 2, or the land owners to repair the syphon. Ray handed pictures to the Board of the syphon and culvert that needs replaced. Ray informed Mr. Roberts that it is not the District’s responsibility to perform repairs past the measuring device. Any materials past the measuring device are the responsibility of the land owner. Ray and Greg Roberts discussed possible solutions that he could do to replace the syphon and culvert. Mr. Roberts asked if Buffalo Rapids Irrigation District No. 2 could clean the Miles Creek drain. Ray informed him that it would be done as soon as possible, and passed for the Board’s inspection pictures of the drain’s condition.

Ray spoke with the Board about a claim that was put into Hellman Insurance for repairs to the Browning Pump in Fallon. Invoices from Mangen Electric were faxed into MaCO insurance company for a decision on the claim. The office has not heard of any decision to date.

Ray informed the members of the Board that Billy Tusler has serviced all heavy equipment. Billy has been cleaning the canal in Terry, in the area of Singelton’s land. Ray passed for the Board to review pictures of the canal in Terry and Fallon that are in need of cleaning. The Ditch Riders have been pumping out pipelines where accessible. Some pipelines will have to wait until the end of the beet harvest.

Ray informed everyone that they will start to pull pumps possibly next week. They will pull one pump in Shirley, two in Fallon, and one Fallon Relift, and possibly one in Terry. They plan on sending off one motor from the Fallon Relift. Ray spoke to the Board about setting up a regular maintenance schedule for the motors.

The Board and Ray Strasheim discussed the amount of land surrounding the Terry pumping plant that is owned by the District. There is concern about the dumping of concrete at the Terry Plant by the public. It was decided to put an announcement in the Terry Tribune to deter any more dumping of materials at the plant. It was also discussed by the Board to look into buying a small piece of land at the Terry Plant from the current owner.

The union negotiating committee will meet with the full time employees of the District to discuss the wages for 2012, on October 26, 2011.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

September 14, 2011 District No. 2 Meeting Minutes

2011-10-13T11:47:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

SEPTEMBER 14, 2011

The Fifth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the fourteenth day of September, 2011 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the August 10, 2011 Board Meeting were approved without corrections and, or additions, by Scott Sackman seconded by Lance Kalfell.
All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for September. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $50,154.44, to cover payroll and invoices were signed. September 15th estimated payroll: $7,670.55; September estimated invoices: $34,813.34; September 30th estimated payroll: $7,670.55. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $255,714.00 with Prairie County Pool at Stockman Bank. On a motion made by Lance Kalfell and seconded by Scott Sackman the treasurer’s report was approved.

Pat spoke with the Board about the impending retirement of the Fallon ditch rider and the Shirley ditch rider. The members of the District No. 2 Board discussed at length different options for the 2012 water season and the hiring of replacement ditch riders.

MANAGER’S REPORT:

Shirley Fish Screen Project:

Ray stated that the participation with the N.R.C.S. for the Emergency Watershed Protection Program has been terminated for the installation of rip rap at the Shirley Pumping Plant.

Ray and the District No. 2 Board discussed the issue of the F.E.M.A. engineer designing the use of gabion baskets for the replacement of rip rap at the Shirley Pumping Plant. Ray and the Board are not in favor of using the gabion baskets and will pursue alternative methods of replacing the rip rap that at the plant.

Ray informed the members of the Board that Buffalo Rapids Irrigation District No. 2 has received additional funding from the U.S. Fish and Wildlife in the amount of twenty-two thousand dollars for the Shirley Fish Screen Project.

The District No. 2 Board and Ray Strasheim discussed the repairs that need to be done for the Shirley Fish Screen Project wing wall extension. They also discussed the possible lift system that has been designed by the Bureau of Reclamation for the installation and removal of the fish screens annually. Ray will have a conference call with all entities involved in the project later in October.

Ray informed the members of the Board that the D7 Cat has been brought in for service. The drain at Dead Horse Creek has been cleaned along with some drains in Shirley Division. Bill Tusler has also rebuilt the road into the Shirley Pumping Plant. The intakes at all pumping plants have been cleaned of all silt and debris.

Ray discussed the hiring of the seasonal employees to remove pumps this fall. It was decided that the same employees will be asked to come back this fall along with the help of Prairie Pump and Machine. Ray and the Board also discussed the rotation of the Fallon Relift motors.

Ray contacted Scott Aspenlieder of WWC Engineering concerning the Terry Discharge Line Grant. He informed Ray that the D.N.R.C. is understaffed at this time and the corresponding paperwork will be forwarded to the District No. 2 office as soon as possible.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

August 10, 2011 District No. 2 Meeting Minutes

2011-09-15T08:06:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

AUGUST 10, 2011

The Fourth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the thirteenth day of August 10, 2011 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the July 13, 2011 Board Meeting were approved without corrections and, or additions, by Scott Sackman seconded by Barry Rakes.
All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for August. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $38,952.51, to cover payroll and invoices were signed. August 15th estimated payroll: $7,670.55; August estimated invoices: $22,997.52; August 31st estimated payroll: $8,284.44. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $289,194.00 with Prairie County Pool at Stockman Bank. On a motion made by Scott Sackman and seconded by Barry Rakes the treasurer’s report was approved.

MANAGER’S REPORT:

Ray Strasheim spoke with the Board about a grant proposal that has been approved by the Department of Natural Resources, submitted by Mr. Scott Aspenlieder, of WWC Engineering, for an engineering of the Terry discharge lines. The grant has been approved for ten thousand dollars with a contribution from the District of five thousand dollars. There will be a cap of fifteen thousand for the engineering of the grant. The members of the Board discussed at length whether to approve the continuation of the grant. It was decided and approved on a motion made by Scott Sackman and seconded by Barry Rakes to move forward with the engineering portion of the Terry discharge lines and to accept the ten thousand dollar grant from the Department of Natural Resources. All in Favor.

Ray informed the Board about his time working with F.E.M.A. over the last month. Ray attended two separate meetings with the project specialist and the mitigation specialists. Buffalo Rapids Irrigation District No. 2 can complete any portion of the project proposal that they choose through F.E.M.A. Ray is also going to work with the N.R.C.S. office to help complete the repairs and the engineering on the Shirley Pumping Plant. District No. 2 has completed the cleaning of the drain at Dead Horse Creek. Ray also stated that Western Area Power Administration will not be moving the substation at the Shirley Pumping Plant this year. Ray will also be in contact with the Custer County Conservation District concerning any excavation at the Shirley Pumping Plant.

Shirley Fish Screen Project:

Ray stated that he took part in a conference call with representatives from the Bureau of Reclamation, the Department of Natural Resources and the Natural Resource and Conservation District. They discussed the progress of the Shirley Fish Screen Project and possible solutions to the lifting of the screens.

Pat informed the Board that the final report and all certifications have been submitted to the Department of Natural Resources and are awaiting final payment on the grant.
Ray stated to all members present that there is moss in the canal at Fallon and Shirley Divisions. He informed them that it was beginning to be a problem for the ditch riders and the producers. Ray and the ditch riders are looking into using copper sulfate in the canal to alleviate the problem. Ray will make some phone calls to collect more information.

Ray informed the Board that the culvert and drain has been cleaned by Clark Cameron’s.

Ray and Pat have spoken with Becky Convery, Prairie County Attorney, and recommend that she be hired to represent Buffalo Rapids Irrigation District No. 2 as acting attorney for the District. On a motion made by Scott Sackman and seconded by Barry Rakes it was approved to hire Becky Convery as attorney for Buffalo Rapids Irrigation District No. 2.

All in Favor
Motion Carried

BE IT RESOLVED,

Ms. Becky Convery will be held on retainer as acting attorney for Buffalo Rapids Irrigation District No. 2

The meeting was adjourned on a motion by Scott Sackman, seconded by Barry Rakes. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

July 13, 2011 District No. 2 Meeting Minutes

2011-08-11T07:07:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

JULY 13, 2011

The Third Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the thirteenth day of July, 2011 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the June 13, 2011 Board Meeting were approved without corrections and, or additions, by Scott Sackman seconded by Lance Kalfell.
All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for July. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $47,628.34, to cover payroll and invoices were signed. July 15th estimated payroll: $8,814.35; July estimated invoices: $30,717.51; July 31st estimated payroll: $8,096.48. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $320,396.00 with Prairie County Pool at Stockman Bank. On a motion made by Lance Kalfell, and seconded by Scott Sackman the treasurer’s report was approved.

MANAGER’S REPORT:

Ray Strasheim spoke with the Board about a grant proposal that was submitted by Mr. Scott Aspenlieder, of WWC Engineering for an engineering grant for the Terry discharge lines.

Ray stated that there was a lot of sediment and silt in front of all three pumping plants. They have started the pumps and have not had any noteworthy problems as of yet. The pumps were started the last week in June, but were shut off due to the Exxon oil leak in the Yellowstone River. Buffalo Rapids Irrigation District No. 2 had no problems to report because of the oil spill as of yet. The pumps were restarted the following week. Ray explained the eroding of the banks of the river at each pumping plant due to high water and flooding of the river. There was an extremely large amount of silt at the Fallon River plant that may be causing problems at the Fallon Relift station. Bill Tusler will try and dig out some of the silt possibly this week. Ray purchased an air compressor to stir the silt at the pumping plants if needed to help with the build-up of sediment.

Ray and Pat attended a meeting with F.E.M.A. in June for public and private non-profit entities that had damage due to severe storms and flooding this spring. The Governor of Montana has issued a disaster declaration on June 09, 2011 for the dates of April 4, 2011 and continuing. Ray Strasheim, Pat Davis, and Allen Gierke met with a F.E.M.A. Project Specialist shortly after the meeting and toured all three pumping plants and the drain at Dead Horse Creek. All subsequent filings have been made for assistance and another tour was conducted on July 12, 2011 with a mitigation specialist. The office is waiting to hear a response from F.E.M.A. on the funding that may be available to the District.

Ray met with and toured all three pumping plants with representatives from the N.R.C.S. office earlier in the week. They discussed possible funding and repairs that would alleviate the erosion of the banks of the Yellowstone River at the pumping plants. The N.R.C.S. office and F.E.M.A. may possibly work together on the Shirley Pumping Plant damages. Ray and Pat will submit a request for funding through an Emergency Watershed Protection Grant sponsored by the N.R.C.S. office.

Shirley Fish Screen Project:

Ray stated that he took part in a conference call with representatives from the Bureau of Reclamation, the Department of Natural Resources and the Natural Resource and Conservation District. They discussed the progress of the Shirley Fish Screen Project and possible solutions to the lifting of the screens.

Pat informed the Board that the District put in for the remaining fund for the Shirley Fish Screen Project grant from the Department of Natural Resources for the amount of $5,324.31. The Department of Natural Resources requested the final report for the Shirley Fish Screen Project since all funds have been requested. Pat and Ray have completed the report and are waiting on a certificate of completion from the Bureau of Reclamation.

The Board discussed the issue of acquiring a new attorney to represent Buffalo Rapids Irrigation District No. 2. The District’s current attorney Dale Hubber will be moving at the end of the month. Mr. Hubber spoke with Ray that the Prairie County Attorney would be interested in representing District No. 2. Pat will set up an appointment at a convenient time.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

June 13, 2011 District No. 2 Meeting Minutes

2011-07-14T10:37:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

JUNE 13, 2011

The Second Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the thirteenth day of June, 2011 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the May 10, 2011 Board Meeting were approved with corrections and, or additions, by Scott Sackman seconded by Lance Kalfell.
All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for June. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $45,771.90, to cover payroll and invoices were signed. June 15th estimated payroll: $8,814.35; June estimated invoices: $28,143.20; June 30th estimated payroll: $8,814.35. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $203,707.00 with Prairie County Pool at Stockman Bank. On a motion made by Lance Kalfell, and seconded by Scott Sackman the treasurer’s report was approved.
Pat informed the Board that the District had received fund for the Shirley Fish Screen Project grant from the Department of Natural Resources for the amount of $14,030.00, to be deposited on June 14, 2011. The Department of Natural Resources did release funding due to extenuating circumstances to the Shirley Fish Screen Project.

Pat relayed to the Board that the District received assessments in June for the amount of $113,023.00 from Prairie County and Custer County.

The Buffalo Rapids Irrigation District No. 2 By-Laws were approved without correction and, or additions, on a motion made by Lance Kalfell seconded by Scott Sackman.

The Buffalo Rapids Irrigation District No. 2 Policy and Procedure were approved without correction and, or additions, on a motion made by Scott Sackman seconded by Lance Kalfell.

The Buffalo Rapids Irrigation District No. 2 Employee Handbook were approved without correction and, or additions, on a motion made by Lance Kalfell seconded by Scott Sackman.

The Operating year for 2012 assessments was reviewed. After much discussion and consideration the amounts for reserve accounts was changed to allow for payment of heavy equipment. The amount per acre will remain unchanged at $40.00 per acre.

O&M=$35.00
EQUIP RESERVE=$2.00
SYSTEM REHAB=$2.00
REPAY A=$1.00
TOTAL=$40.00

Scott Sackman made a motioned to accept the 2012 assessments, seconded by Lance Kalfell.

All in Favor
Motion Carried

BE IT RESOLVED,

To have the $40.00 per acre for the Operating year 2012 assessments for Buffalo Rapids District No. 2 remain unchanged.

The 2011 water overage was discussed; it was decided the rate would remain unchanged for the overage fee of $14.00 per acre foot. Scott Sackman made a motioned to accept the 2011 water overage fee, seconded by Lance Kalfell.

All in Favor
Motion Carried

BE IT RESOLVED,

2011 water overage for Buffalo Rapids District No. 2 will be a fee of $14.00 per acre foot.

MANAGER’S REPORT:

Ray Strasheim spoke with the Board about a phone call he received from Mr. Scott Aspenlieder, of WWC Engineering. Ray asked the Board if they would like Mr. Aspenlieder to seek funding from the Department of Natural Resources for projects such as discharge lines or additional funding for the Shirley Fish Screen Project. After much discussion the Board agreed that they would like to continue with improvements on the project that are needed, and to have Mr. Aspenlieder write proposals for funding of those projects. Ray stated that he would give Scott Aspenlieder a call and inform him of the Boards decision and speak with him about the different funding that may be available.

Ray spoke with Dave Pratt from the N.R.C.S. office and he stated that it should not be a problem to receive an extension for the Shirley Fish Screen Project.

Ray informed the Board that they did not receive any Emergency Grant funding from the Department of Natural Resources due to the fact that the District is still capable of pumping water with the damage incurred form the ice jams and flooding this spring.

Ray also informed the Board that he has still not heard from the Bureau of Reclamation concerning the engineering needed to further the Shirley Fish Screen Project.

Ray stated the Bill Tusler has been working on the Shirley canal. The canal suffered sloughing of the banks of the canal from the heavy rains this spring.

Ray spoke with the Board that there is a considerable amount of silt and sand bars in front of the pumping plants. The Board and Ray discussed options that may be used to fix the problem.

Ray informed the Board that the employees have been burning ditches and around turnouts when the weather permits. Allen Gierke and Bruce Lantis have moved the water lube pump at the Terry Pumping Plant to the top floor so it will no longer get flooded.

Ray Strasheim and the Board of District No. 2 discussed the issue of increasing water rights for the District. The Board could not foresee a reasonable cause to increase the allotment of water per acre.
Shirley Fish Screen Project:

Ray stated that they had filed an extension with the Department of Natural Resources since the screens will not be installed by the June 30th deadline due to extenuating circumstances of weather since last water season.

Union Negotiating Committee:

Barry Rakes and Ray Strasheim met with the Union and the employees on June 1st and discussed the contract for 2012. Issues that were up for discussion were health insurance and wages for fiscal year 2012. The employees and the committee both agreed to remain with the same insurance provider. The employees asked for an increase of five percent in wages for 2012. The members of the Board discussed the issues and it was decided that the committee would not meet again until October of 2011 to discuss the issues further.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

May 10, 2011 District No. 2 Meeting Minutes

2011-06-24T07:10:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

May 10, 2011

Before the meeting could be called to order, the following nominations, elections and appointments needed to be made:

The meeting was then turned over to Scott Sackman who declared nominations open for President of the Buffalo Rapids Irrigation District No. 2. Barry Rakes was nominated by Scott Sackman. Scott Sackman made a motion that all nominations cease, and a unanimous ballot be cast for Barry Rakes.

A winning ballot was cast for Barry Rakes, and it was,

RESOLVED, that Barry Rakes be and he hereby is elected and appointed to the position of President of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2012 and/or until his successor is elected and qualified.

Mr. Rakes accepts his position.

The meeting was turned back to President Barry Rakes who declared nominations open for Vice President of the Buffalo Rapids Irrigation District No. 2 with Scott Sackman being nominated by Barry Rakes. Barry Rakes made a motion that all nominations cease, and a unanimous ballot be cast for Scott Sackman.

A unanimous ballot was cast for Scott Sackman, and it was,

RESOLVED, that Scott Sackman be and he is hereby elected to the position of Vice President of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2012 and/or until his successor is elected and qualified.

Mr. Sackman accepts his position.

Nominations were open for Secretary of the Buffalo Rapids Irrigation District No. 2 with Raymond Strasheim being nominated by Scott Sackman. Barry Rakes made a motion that all nominations cease, and a unanimous ballot be cast for Raymond Strasheim, seconded by Scott Sackman
A unanimous ballot was cast for Raymond Strasheim, and it was,

RESOLVED, that Raymond Strasheim be and he is hereby elected to the position of Secretary of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2012 and/or until his successor is elected and qualified.

Mr. Strasheim accepts his position.

Nominations were open for Treasurer of the Buffalo Rapids Irrigation District No.2 with Pat Davis being nominated by Scott Sackman. Barry Rakes made a motion that all nominations cease, and a unanimous ballot be cast for Pat Davis, seconded by Barry Rakes

A unanimous ballot was cast for Pat Davis, and it was,

RESOLVED, that Pat Davis be and he is hereby elected to the position of Treasurer of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2012 and/or until his successor is elected and qualified.

Mrs. Davis accepts her position.

Nominations and appointments were open for Commissioner of Shirley Division of the Buffalo Rapids Irrigation District No.2 with Lance Kalfell being nominated and appointed by Barry Rakes. Scott Sackman made a motion that all nominations cease, and a unanimous ballot be cast for Lance Kalfell, seconded by Barry Rakes

A unanimous ballot was cast for Lance Kalfell, and it was,

RESOLVED, that Lance Kalfell be and he is hereby elected and appointed to the position of Commissioner of Shirley Division of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2012 and/or until his successor is elected and qualified.

Lance Kalfell holds the title as Commissioner of Buffalo Rapids Irrigation District No. 2, Shirley division.

All nominations being made and accepted, the First Regular Meeting of the Members of the Buffalo Rapids Irrigation District No.2, at Terry, Prairie County, Montana, was held on the Tenth day of May, 2011, at 7:00 p.m.
There were present and participating at the meeting:

Barry Rakes
Scott Sackman

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer, and Allen Gierke.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the April 13, 2011 Board Meeting were approved without corrections or additions, by Scott Sackman seconded by Lance Kalfell.
All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for May. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $35,212.54, to cover payroll and invoices were signed. May 15th estimated payroll: $9,136.30; May estimated invoices: $15,296.23; May 31st estimated payroll: $10,780.01. A transfer authorization form was signed to transfer $473.58 into Equipment Reserve fund account from District No. 2 fund account for the overestimated down payment for the purchase of a 200LC John Deere excavator. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances in the amount of $248,735.00 with Prairie County Pool at Stockman Bank. On a motion made by Scott Sackman, and seconded by Barry Rakes the treasurer’s report was approved.

Pat reviewed with the Board that they had received a loan from Stockman Bank for the purchase of the 200LC Excavator in the amount of $68,000.00. Buffalo Rapids Irrigation District No. 2 made a down payment on the excavator in the amount of $18,800.00. The District will make annual payments in July to Stockman Bank in the amount of $19,127.13 for the next three years at an interest rate of 4.450%.

Pat informed the Board that the District had received fund for the Shirley Fish Screen Project grant from the Department of Natural Resources for the amount of $27,539.06. Pat and Ray Strasheim wrote a letter to the Department of Natural Resources requesting the release of all funding due to extenuating circumstances to the Shirley Fish Screen Project.

Agenda items: Approval of Buffalo Rapids District No. 2 By-Laws, Policy and Procedure, and Employee Handbook; were tabled until next scheduled meeting.

MANAGER’S REPORT:

Ray Strasheim brought to the Boards attention a letter received that day from David Pratt, Natural Resource and Conservation Services, pertaining to a supplemental Watershed Plan modification. The original agreement was signed on July 3, 2000, and it has become necessary to modify the agreement. Whereas only one long term contract was signed using funding from the PL-566 Small Watershed Program until long term contracts were signed using American Recovery and Reinvestment Act funds. The majority of the installations have been funded by EQIP and it continues to have funding available for long term contracts and the Small Watershed Program has been terminated by Congress. The letter asked that the District close out the Watershed Project. The District would need to sign the supplement and forward it to Dick Scheetz at the local N.R.C.S. office. On a motion made by Scott Sackman and seconded by Barry Rakes it was
RESOLVED, To authorize Ray Strasheim, and Barry Rakes to sign the supplement to close out the Watershed Project.
All in Favor. Motions carried.

Pumps:

Allen Gierke was present to discuss with the Board the progress of the Pumping Plants. He stated that all the pumps are in for the upcoming water season, and that Fallon Relift is ready to go. He informed the Board that there is a small amount of work to be done at the Shirley and Terry Pumping Plants. The Fallon River pumping plant needs a rebuilt manifold, and to hook up water. Allen Gierke, Ben Benjamin, and Bruce Lantis spent a lot of time and did a lot of work to clean up and put the pumping plants back in order this spring due to high river levels and ice jams this spring. The District hired Dan Wolf, and Strad Benjamin to help put in pumps this year. It took approximately two weeks to install all of the pumps. Allen and the Board discussed the switch from oil lube system to a water lube system on the pumps and how well it is working. Allen stated that by the end of this week all pumping plants will be fully functional and ready to go.

Shirley Fish Screen Project:

Ray stated that the walkways are complete, the spray wash system is almost completed, and that they have removed the damaged piece of concrete wing wall from the plant. He informed everyone present that Mangen’s Electric had finished the installation of the new switch. He brought to the Board’s attention that he has been having difficulty getting a hold of the Lenny Duberstein, the contact person at the Bureau of Reclamation for the Shirley Fish Screen Project. Mr. Duberstein’s assistance is needed for the continuance of the Shirley Fish Screen Project. Pat contacted Ann Kulczyk from the Department of Natural Resources concerning the release of the last ten thousand dollars of the available grant money. She stated that she would need a letter explaining the need for the money at this time. Pat and Ray Strasheim constructed a letter explaining the circumstances of the ice jams, and the reconstruction of the wing wall that was damaged. Pat has also begun a Renewable Resource Emergency Grant proposal for the Department of Natural Resources for funding to repair the damage to the Shirley Pumping Plant wing wall. The grant proposal cannot be completed until engineering assistance is received from Mr. Duberstein of the Bureau of Reclamation.

Ray informed the Board that the District had received delivery of the John Deere 200LC Excavator on Monday the 25th of April. The District has also sold their old John Deere 490 Excavator for ten thousand dollars.

Ray stated that Bill Tusler has been working on the Shirley Pumping Plant in removing the damaged wing wall. He has also been working on the Shirley canals and drains.

Ray informed the Board that the crew burned ditch for about half of a day before the rains came, they will continue to burn as soon as the weather permits. They have been repairing meters and such to get ready for the upcoming water season. The new heater has been installed in the shop to replace the coal stoker.

Ray spoke with the Board about a phone call he received from Ray Sprandel. Mr. Sprandel asked if Buffalo Rapids Irrigation District No. 2 would be willing to provide heavy Equipment and operator to install some much needed culverts in a Shirley drain, Mr. Sprandel would provide the culverts. He explained to the Board that the flooding that occurs is due to inadequate size and amount of culverts that are currently installed in the drain. Area farmers currently experience flooding in their fields which makes the ground unproductive.

The Board and Allen Gierke discussed at length the repair options for the Fallon Relift discharge line. They agreed that they will have to keep pursuing the issue of repair for all pumping plant discharge lines except the Fallon River Plant.

The Board discussed the option of paying employees for vacation or comp time available. The Board decided to revisit the issue at the end of the fiscal year.

The meeting was adjourned on a motion by Scott Sackman, seconded by Barry Rakes. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

April 13, 2011 District No. 2 Meeting Minutes

2011-05-11T08:02:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

April 13, 2011

The Twelfth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the thirteenth day of April, 2011 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the March 09, 2011 Board Meeting were approved with additions, by Scott Sackman seconded by Lance Kalfell. All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for April. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $79,417.07, to cover payroll and invoices were signed. A transfer authorization form was signed to transfer $19,273.58 into District No. 2 fund account from Equipment Reserve for the purchase of a 200LC John Deere excavator. Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances with Prairie County Pool at Stockman Bank. On a motion made by Scott Sackman, and seconded by Lance Kalfell the treasurer’s report was approved.

MANAGER’S REPORT:

Shirley Fish Screen Project:

Ray stated that the filter for the spray wash system was delivered along with the pump. The quarter report for the Grant had been submitted at the end of March along with a request for reimbursement for expenses for the amount of 27,539.00 to D.N.R.C. The ice is almost completely melted at the Shirley pumping plant but the ground is still too boggy to get a piece of heavy equipment in to do any work. Ray and the Board spoke at length of the damage to the upriver wing wall that was sustained from the ice jams this spring. Ray informed the Board that he and Pat had emailed pictures to all entities involved of the damage. Ray stated that he had not received a response from the Bureau of Reclamation as of yet. Mr. George Jordan of U.S. Fish and Wildlife had contacted Ray and stopped to discuss possible funding for the damage and subsequent repairs needed for the Shirley Fish Screen Project. Mr. Jordan stated that an engineer would more than likely have to design the repairs. Ray also stated that Mangen’s Electric will start work in a couple of weeks approximately.

Excavators:

Ray brought to the Board a finance proposal from RDO Equipment for the 200LC Excavator in Bismarck, ND. Ray also stated that he is discussing financial funding with Stockman Bank, Terry branch, and disclosed to the Board the terms of that funding. After much discussion and on a motion made by Lance Kalfell and seconded by Scott Sackman it was

RESOLVED, To authorize Ray Strasheim, and Barry Rakes to acquire funding through Stockman Bank, and sign contracts for the acquisition of the John Deere 200LC Excavator. It was also resolved to accept the resolution for Stockman Bank loan.
All in Favor. Motions carried.

Ray brought to the Board’s attention that he would like to sell the old John Deere 120 excavator. After much discussion the Board decided to speak with Dale Hubber about putting the excavator out on bids, and that they would be asking at least ten thousand for the excavator or District No. 2 would keep it for use on the District.

Pumps:

Ray spoke with the Board that Allen Gierke wants to put pumps in next week. It has been discussed with Prairie Pump and Machine that Strad Benjamin may be able to help along with another additional hired employee.

Allen Gierke and Ben Benjamin have been repairing the Shirley discharge lines. They have also had also cleaned up the pumping plants due to a high water level at the plants because of the ice jams on the Yellowstone River.

Ray told the members of the Board that Mr. Bruce Lantis will be back in the spring as a part time temporary employee. Helmut Hintz will return for a short time to help Allen Gierke get acquainted with the Terry canal, and to help reinstall the solar panels for the canal automation system.

Ray informed the Board that the trailer was finished and the dove tail has been attached.

The members discussed with Ray that they should pay Mr. Clinton Rakes fifteen dollars an hour for his welding services, considering that he carries his own insurance. Everyone on the Board agreed.

Ray informed the Board that he had brought from home cylinders and valves that the District needed. Ray asked that the District reimburse him three hundred dollars for the materials. The Board agreed that it was a more than fair amount.

Ray spoke with the Board that he had received interest in the pipe that was available for sale by the District. He is trying to negotiate a price for the material.

Ray informed the members of the Board that he received notice that A.W.E.P. did not get funded for the year.

After discussion of the members of the District No. 2 Board it was decided to table the Agenda items of the Buffalo Rapids By-Laws, Buffalo Rapids Policy & Procedure, and Buffalo Rapids Hand Book, until further review.

It was discussed and decided by the Board that Ray Strasheim will contact District No. 2’s attorney concerning the outstanding amount due to District No. 2 for P.E.R.S. contributions made on behalf of a former employee.

Ray Strasheim brought to the Board’s attention that he had received a letter from the Bureau of Reclamation concerning discharge on the Project and that there may be new directives concerning these issues. The Board discussed with Ray whether they should contact the City Council about the possible new directives.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

March 09, 2011 DIstrict No. 2 Meeting Minutes

2011-04-18T07:08:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

March 09, 2011

The Eleventh Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the ninth day of March, 2011 at 1:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the February 09, 2010 Board Meeting, and the February 28 Annual Meeting were approved without corrections, by Lance Kalfell seconded by Scott Sackman. All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for March. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $160,511.78, to cover payroll and invoices were signed. Transfer authorizations forms were signed to transfer $77,657.58 into District No. 2 fund account from System Rehab for the finalizations of the split from Board of Control. Transfer authorization forms were also signed to transfer funds for the purchase of a 120 John Deere excavator in the amount of $47,500.00, which included a new three foot bucket, thumb, and delivery. Pat presented to the Board materials explaining investing District No. 2 funds with Stockman Bank in the Prairie County Pool. She explained that the investment would still be very secure and liquid. The interest rate at the current time is .75%. The interest rate for S.T.I.P. was .30%. The Board based their decision in part on the difference in interest rates. On a motion made by Lance Kalfell and seconded by Scott Sackman it was

RESOLVED, That Buffalo Rapids Irrigation District No. 2 will invest available fund with Stockman Bank to be included in the Prairie County Pool, and withdraw from S.T.I.P.

All in Favor. Motions carried.

Investment transfer was also signed to invest the remaining monthly District No. 2 cash balances with Prairie County Pool at Stockman Bank. On a motion made by Scott Sackman, and seconded by Lance Kalfell the treasurer’s report was approved.

MANAGER’S REPORT:

Shirley Fish Screen Project:

Ray informed and discussed with the Board the progression of the Shirley Fish Screen Project. He stated that the filter for the spray wash system will be in soon. They have been working on the walkway design and almost have all the metal to begin work on the construction.

Ray Strasheim, Barry Rakes, Allen Gierke, and Pat Davis participated in a conference call with all entities involved in the project. Discussions between all to update and confer how the Shirley Fish Screen Project was progressing to date and possible installation date. Many possibilities were discussed for removal of the screens in the off season. Engineers are working with Ray on a possibility of leaving the screens in during the winter season with construction ahead of the screen to protect it from ice and debris.

Ray has contacted different crane rental companies for availability and pricing for the initial installation of the screens this spring.

Billy Tusler has been welding various pieces that will be needed in the construction of the installation of the screens.

Ray received a phone call from Doug Mangen, of Mangen Electric, concerning the need of a switch that will need to be installed ahead of the transformers. Mr. Mangen has located a used certified switch at approximately one third of the cost of a new one. The electrical work will begin on March 10th if weather permits.

Ray mentioned to the Board that they will need a qualified and available welder to work for the District to construct some materials needed for the completion of the project. He has contacted several local welders that would be willing to work on the project.

Excavators:

Ray brought to the Board’s attention that a 120 John Deere excavator has been purchased. The excavator is located in Kalispell, M.T. and owned by Doug Miller, a private dealer. The cost of the excavator is $47,500.00, which included a thumb, new extra three foot bucket, and delivery to the District No. 2 yard. Diagnostics were run on the excavator by Triple W Equipment out of Kalispell, M.T. All diagnostics came back acceptable.

Ray has been in contact with Bismarck John Deere about a long boom excavator, but has been unable to travel to Bismarck to look at the excavator due to weather and scheduling. Ray had been discussing financing options for the excavator and a possible trade in on the current excavator owned by the District.

Ray brought to the Board’s attention an article in the Montana Association of Canals and Dams newsletter concerning a ruling and permits that may possibly be needed to spray herbicides and pesticide on the ditch.

Ray informed the Board that the heater is in from Netzer Plumbing and Heating and ready to be installed when time permits.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

February 28, 2011 District No. 2 Annaul Meeting Minutes

2011-03-10T10:06:00.002-08:00

MINUTES
Of the
ANNUAL MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

February 28, 2011

The Annual Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at American Legion, Terry, Prairie County, Montana, was held on the ninth twenty-eighth day of February, 2011 at 2:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer, members of the public, and producers of Buffalo Rapids Irrigation District No. 2.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

FINANCIAL REPORT:

Pat Davis presented at the meeting the current account balances and the 2011 proposed budget for the District. She instructed briefly how the reports read, and how the Board, along with the manager and herself, compiled the 2011 Budget. She went on to explain many line items within the budget that may not be self explanatory, and what kind of expenses and incomes were allocated to those items.

MANAGER’S REPORT:

Mr. Raymond Strasheim explained to all present what the District has been working on throughout the last year. He reviewed past grant projects that have been completed. He also went on to explain in some detail the current and only grant project, the Shirley Fish Screen Project. Buffalo Rapids has no future grant projects at this time.

Ray went over some of the details of the combined auction sale of District No. 1 and District No. 2, the subsequent income from that sale and how the proceeds were split among the Districts.

Ray discussed the completion of the split of the Buffalo Rapids Board of Control. He explained the process that was implemented with District No. 1 and the meeting that occurred to finalize the process. It was mentioned what inventory was still available for resale owned by District No. 2.

Mr. Strasheim presented to all present a review of the issue of the Machine Shop sale to Agri Industries. He explained the process and the reasons for the Board’s decision. He briefly explained the terms of the contract that Buffalo Rapids Irrigation No. 2 arrived at for the continuance of pump repair for the District.

Ray discussed with all producers present the problems and repairs that will need to be made in the District. He spoke of the repair of the Terry discharge lines and canal maintenance that will need to be done in the near future. Mr. Dave Schwarz has written a grant for the Terry discharge lines, but that grant will need to be revised at some point.

Ray brought to the group’s attention work that has been done on the pumps over the winter. He explained which pumps were worked on, what condition they were in, and the cost associated with the pump repair for the year.

Ray announced to all present the Helmut Hintz had retired in 2010. He expected two ditch riders to retire in the 2011 season. Mr. Allen Gierke is expected to ride the ditch in the Terry Division in the 2011 water season, in addition to monitoring the canal automation system and all of the pumping plants.

Ray explained to everyone that the Board is currently looking for an excavator for the District. He explained the need for one, and the cost that would possibly be associated with the purchase.

The meeting was adjourned.

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

February 09, 2011 District No. 2 Meeting Minutes

2011-03-10T10:06:00.001-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

February 09, 2011

The Tenth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the ninth day of February, 2011 at 1:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer, Dale Hellman, Hellman Insurance.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the January 12, 2010 Board Meeting were approved without corrections, by Scott Sackman seconded by Lance Kalfell. All in Favor. Motion Carried

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 in the amount of $32,912.24, to cover payroll and invoices were signed. S.T.I.P. investment transfer was also signed to invest the remaining monthly District No. 2 cash balances. On a motion made by Lance Kalfell, and seconded by Scott Sackman it was

It was decided that the manager of Buffalo Rapids Irrigation District No. 2 will receive a monthly salary of $1,600.00, in which the manager declined all benefits, vacation leave, and sick leave accrual. A contract for the manager will be resolved by next scheduled board meeting.

Pat informed the Board that Health Insurance premium rates increased by 9.7% for the upcoming year. A conference call was attended by employees of District No. 2 and the Board from Associated Employers Group Benefit Plan & Trust.

Pat presented to the Board a managers contract for Raymond Strasheim. She explained a few changes that needed to be made concerning Sick and Vacation leave, and other items that Mr. Strasheim wanted omitted from the contract. On a motion made by Scott Sackman, and seconded by Lance Kalfell it was

RESOLVED, that the Managers contract be accepted and signed for a one year term for Mr. Raymond Strasheim.

All in Favor. Motions carried.

Ray Strasheim, Pat Davis, Bill Fleckenstein, Larry Heimbuch, Mike Carlson, and Don Buxbaum meet and finalized the itemization of the split between District No. 1 and District No. 2. Ray Strasheim presented to the Board of District No. 2 a worksheet detailing the amounts of inventory for both District No. 1 and District No. 2 along with any reimbursements or expenditures to be split among the Districts. The Board discussed the need of a financial record of the transaction and an exchange of checks from each District. On a motion made by Lance Kalfell and seconded by Scott Sackman it was

RESOLVED, that Buffalo Rapids Irrigation District No. 2 will make a check payable to Buffalo Rapids Irrigation District No. 1 for the amount of $77,657.58. Funds will be withdrawn from System Rehab Reserve account for the expenditure.

All in Favor. Motions carried.

The Board also discussed that the funds received from Buffalo Rapids Irrigation District No. 1 be deposited into System Rehab Reserve account when received. The amount of the reimbursement will be $56,600.51 payable to District No. 2. The total cost to Buffalo Rapids Irrigation District No. 2 for the split from District No. 1 will be $21,057.07.

Mr. Dale Hellman, of Hellman Insurance, was present to review with District No. 2 Board the property and liability policy with MACO insurance.

Scott Sackman made a motion, seconded by Lance Kalfell, to approve the Treasurer’s report for District No. 2. All in Favor. Motion carried.

MANAGER’S REPORT:

Ray informed the Board that Bill Tusler has been working on the dump truck. The steel has been delivered to start working on the beaver tail on the trailer, and the Shirley Fish Screen Project. Ray has also received quotes for many items that will need to be purchased for the Shirley Fish Screen Project.

Ray Strasheim stated to the Board that the AWEP proposal has been completed and submitted awaiting approval.

Ray discussed with the Board the excavator in Bismarck is available for inspection when the weather permits.

Mr. Strasheim and the Board discussed at length an alternative heating system for one of the shops. It was decided that the purchase of a gas heater would be more cost efficient to the District. Ray presented quotes for a new heater, and decided to work with Netzer Hardware on the issue.

Ray presented to the Board a new set of By-Laws for Buffalo Rapids Irrigation District No. 2. The members of the Board will review before the next scheduled Board Meeting.

Ray brought to the Board’s attention that he had been contacted about the drag line that is still owned jointly by both Districts. The Board decided that District No. 1 can assume ownership of the dragline.

The members of the Board of Buffalo Rapids Irrigation District No. 2 decided to hold the Annual Information Meeting at the American Legion, on February 28, 2011, at 2:00p.m.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

January 12, 2011 District No. 2 Meeting Minutes

2011-02-10T08:12:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

January 12, 2011

The Ninth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the twelfth day of January, 2011 at 1:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the December 13, 2010 Board Meeting were approved with corrections, by Lance Kalfell seconded by Scott Sackman. 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 in the amount of $16,988.21, to cover payroll and invoices were signed. S.T.I.P. investment transfer was also signed to invest the remaining monthly District No. 2 cash balances. Pat explained to the Board that she would like to transfer directly into the reserve accounts each time assessments are received from the counties. On a motion made by Lance Kalfell, and seconded by Scott Sackman it was

RESOLVED, that the bookkeeper will deposit amounts received for all reserve accounts directly into the appropriate accounts at time of receipt from county treasurer.

All in Favor. Motions carried.

It was decided that the manager of Buffalo Rapids Irrigation District No. 2 will receive a monthly salary of $1,600.00, in which the manager declined all benefits, vacation leave, and sick leave accrual. A contract for the manager will be resolved by next scheduled board meeting.

Pat Davis informed the Board that the Shirley Division is up for election this year and distributed to current Division Board member the appropriate forms for petition of nomination.

A compensated absences worksheet will be distributed to the members of the Board on a monthly basis due to request of the Board.

The audit of Buffalo Rapids Board of Control and Buffalo Rapids Irrigation District No. 2 will be conducted in April of 2011, for the 2010 fiscal year.

Scott Sackman made a motion, seconded by Lance Kalfell, to approve the Treasurer’s report for District No. 2. All in Favor. Motion carried.

MANAGER’S REPORT:

Ray informed the Board that Bill Tusler has been working on the White semi truck with servicing and parts. He will start working on the beaver tail on the trailer. Mr. Tusler has been busy working with the coal stoker. He has had problems with wet coal, and having to replace parts. Ray mentioned that the coal and stoker have been costing a lot in time and money to the District. He would like to look into different options for heating in the winter. Ray also informed the Board that John Muggli is interested in purchasing the old drag line.

Ray Strasheim spoke with the Board about a conference call at the Prairie County NRCS office on AWEP (Ag Water Enhancement Program). He stated that the call included all counties from the mouth of the Big Horn River, to the confluence of the Yellowstone River, and Missouri River. The NRCS has a team that will be putting together a proposal for the region to make the region a priority area for water conservation through increasing efficiency of water use. Buffalo Rapids Irrigation District No. 2 has submitted their letter of support.

Ray discussed with the Board what would still need to be purchased to complete the Shirley Fish Screen Project. Ray has been acquiring price quotes, and speaking with sales representatives on several items that are needed.
Ray informed the Board of Commissioners that District No. 1 has been contacted to set up a date to meet with District No. 2 to finalize the split. District No. 1 will get a hold of Ray when everyone is available.

Ray Strasheim presented to the Board material concerning the Bureau of Reclamation Water Smart Program. There was much discussion as to the kind of proposals that could be submitted on behalf of District No. 2 for water conservation.

Ray discussed with the Board many options of an excavator. Ray brought to the Commissioners a proposal for an excavator out of RDO Equipment, Bismarck, ND. He will travel and look at the excavator as soon as RDO has gone through it at their facility.

New Business:

Lance Kalfell brought to the Board’s attention his invoice for his pipeline project submitted by District No. 2. He stated that he is satisfied with the balance due. The Board discussed pricing for labor and heavy equipment use for projects that benefit the District versus projects that would only benefit the producer.

The meeting was adjourned on a motion by Scott Sackman, seconded by Lance Kalfell. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

December 13, 2010 District No. 2 Meeting Minutes

2011-01-14T07:53:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

December 13, 2010

The Eighth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the thirteenth day of December, 2010 at 1:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the November 10, 2010, by Lance Kalfell seconded by Scott Sackman. All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for November. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $55,429.32, to cover payroll and invoices were signed. S.T.I.P. investment transfer was also signed to invest the remaining monthly District No. 2 cash balances.

Pat discussed with the Board the issue of a former employee and a letter received from PERS concerning payments made of delinquent contributions. With what was stated in the letter, and on the advice of Buffalo Rapids attorney, it was decided to forward the information received to Buffalo Rapids Irrigation District No. 1. It was also decided to move forward with the collection of any amount owing to Buffalo Rapids Irrigation District No. 2 from said former employee.

It was decided by the Board that a trailer would be purchased from Mr. Lorin Larsen for the amount of $1,000.00, to be used to store the screens for the Shirley Fish Screen Project.

A 2011 budget was presented to the Board for approval. After much discussion and some revisions the budget was approved by the Buffalo Rapids Irrigation District No. 2 Board of Commissioner. On a motion made by Scott Sackman and seconded by Lance Kalfell it was

RESOLVED, that the 2011 Budget be approved.

All in Favor. Motions carried.

Lance Kalfell made a motion, seconded by Scott Sackman, to approve the Treasurer’s report for District No. 2. All in Favor. Motion carried.

MANAGER’S REPORT:

Ray Strasheim mentioned to the Board that they had hung tarps in the vehicle shop on the west half of the building to try and conserve heat for the winter months. Ben Benjamin has been using vacation and comp time since November 15. Bill Tusler had moved the 490 excavator to the Buffalo Rapids District No. 2 yard before the cold weather hit. He is doing maintenance work on the truck, researching the purchase of an excavator, and cleaned both coal stokers to be ready for more coal.

Ray informed the Board that Allen Gierke, and Bill Tusler are still using two company vehicles to check the heat in the building daily.

Ray spoke with the Board about Tim Kortum using part of the big shop to work on some of his equipment. He will help Bill Tusler in the shop in lieu of rent. Tim will sign a hold harmless agreement for insurance purposes, and show a certificate of insurance.

Buffalo Rapids Irrigation District No. 2 will purchase a hydraulic unit with a thirteen horse power Honda motor for $1,500.00 from Mr. Jeff Morrison. The project will take this amount off of the invoice that he owes District No. 2. The unit will be used for a hydraulic dove tail on the equipment trailer.

Ray informed the Board of Commissioners that District No. 1 picked up their portion of stainless steel at the machine shop.

Ray Strasheim presented to the Board many different options of purchase for an excavator. After much discussion Lance Kalfell made a motion, seconded by Scott Sackman it was resolved:

Raymond Strasheim, manager, has the approval of the District No. 2 Board of Commissioners to purchase a standard boom excavator in the amount not to exceed $75,000.00, and to continue to look into the purchase of a long boom.

All in Favor. Motion Carried

The Board and Ray discussed the finalization of the split between the Districts. They decided that they will need to pursue District No. 1 to finish.

New Business:

The Board discussed that the president of the Board should receive compensation at a higher rate than other commissioners for the availability to sign checks at the Terry office at least twice a month. On a motion made by Scott Sackman, and seconded by Lance Kalfell it was resolved

The President of the Board, of Buffalo Rapids Irrigation District No. 2, will receive an increase for the meeting attendance rate for the amount not to exceed $75.00 per meeting, plus mileage.

All in Favor. Motion Carried.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

November 10, 2010 District No. 2 Meeting Minutes

2010-12-15T09:36:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

November 10, 2010

The Seventh Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the tenth day of November, 2010 at 1:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the October 13, 2010, and October 21, 2010 meeting were approved by Lance Kalfell seconded by Barry Rakes. All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for November. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $34,252.22, to cover payroll and invoices were signed. S.T.I.P. investment transfer was also signed to invest the remaining monthly District No. 2 cash balances.

Pat informed the Board of the posting required by Buffalo Rapids Irrigation District No. 2 concerning Social Security Administration and the upcoming vote for the 218 Agreement.

Pat brought to the Board a worksheet of employee Christmas bonuses. On a motion made by Lance Kalfell, and seconded by Barry Rakes it was

RESOLVED: That the Christmas bonuses be distributed to each employee of the agreed upon amount. Motion carried. All in Favor

Pat Davis also brought to the Board for a decision a Buffalo Rapids Irrigation District No. 2 funded Christmas party. After some discussion it was decided to make arrangements for a party to be held paid for by the District at the employees’ choice. A retirement party for Helmut Hintz, and recognition for John Weaver’s and Tim Kortum’s years of service will also be held at that time.

Pat asked for the Board opinion for a 2010 auditor. The Board decided that it would be prudent to have the same auditors that performed the Board of Control split, which was Strom & Associates.

Pat and the Board discussed an issue of a former employee and a required payment of PERS that was due on that employee. Ray Strasheim and Pat Davis will continue to work with the former employee to reconcile any payment that may be forthcoming to the District.

Lance Kalfell made a motion, seconded by Barry Rakes, to approve the Treasurer’s report for District No. 2. All in Favor. Motion carried.

MANAGER’S REPORT:

Ray Strasheim mentioned to the Board that Bill Tusler has been cleaning and maintaining the ditch in Shirley Division, and working on the Kalfell turnout. The ditch riders have pumped out all pipelines in their Division. Ben Benjamin has been working on various projects with Bill Tusler, and building meter tubes. Helmut Hintz will be taking vacation until his retirement December 31, 2010. Bill Fleckenstein has also been on vacation, but has been coming in if needed.

Ray and the members of the Board discussed the progress on the Kalfell project.

Ray and the District No. 2 Board discussed the Shirley Fish Screen Project. Barry Rakes and Ray Strasheim participated in a conference call with all entities involved with the project. Issues were discussed concerning the construction of a foundation for a crane, or a permanent structure on the plant to lift the screens. Ray informed the Board that they had finished coating the frame for the winter.

Ray talked with Dick Long, Bureau of Reclamation, about acquiring the shops and outbuildings that are owned by the Bureau. Mr. Long will look into the issue with the Bureau of Reclamation and contact Ray with more information.

The Board and Ray discussed concerns of heating the shops for the winter. They decided which shops that they will keep heated, and Ray and the crew will work on having things winterized.

Ray informed the Board that the Machine Shop crew had use of a welder of Mr. Clark Cameron’s when the Districts broke down. The Board decided to compensate Mr. Cameron for the convenience and use of his welder.

Ray Strasheim and representatives of District No. 1 along with Bob Bennett looked at the inventory of stainless steel and tried to decide on how to split it up for each District.

Ben Benjamin and Bill Tusler removed a buried meter of Marvin Wallace’s that was broken. The meter will need to be replaced before water season.

The Board discussed what still needs to be decided on the split of the Board of Control. They decided that the committee still needs to meet and decide some issues to finish and have the split finalized.

District No. 1 finished hauling all turnouts that were on hand at the District No. 2 yard.

Lance Kalfell asked for a list of machinery and or equipment and tools that will need to be acquired before next water season.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

October 21, 2010 District No. 2 Meeting Minutes

2010-11-11T08:10:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

October 21, 2010

The Special Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the twenty-first day of October, 2010 at 7:30 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

Ray Strasheim passed for the Board’s review the Buy-Sell Agreement drawn for the Buffalo Rapids Irrigation District No. 2 Commissioners concerning the Machine Shop sale to AMC, LLC (Agri Industries). The members of the Board discussed any concerns and the terms of the agreement. On a motion made by Lance Kalfell, and seconded by Scott Sackman it was resolved;

That Buffalo Rapids Irrigation District No. 2 sells the machine shop and equipment to AMC, LLC for the sum of $132,798.00 and according to the terms of the Buy-Sell Agreement, and that Barry Rakes, President of the Board of Commissioners shall be authorized to sign documents on behalf of the District. All in Favor. Motion Carried.

A prepared and drawn resolution from attorney Dale Hubber was signed by all commissioners that read as follows:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2,
AUTHORIZING SALE OF PROPERTY

WHEREAS, Buffalo Rapids Irrigation District No. 2 is the owner of real property and personal property located in Terry, Prairie County, Montana, which is currently being used as a Machine Shop; and

WHEREAS, The Board of Commissioners of Buffalo Rapids Irrigation District No. 2 desires to sell said real and personal property; and

WHEREAS, the Board of Commissioners of Buffalo Rapids Irrigation District No. 2 caused Notice of Sale of real property together with inventory and equipment to be published in The Terry Tribune as required by law; and

WHEREAS, the only bid received for the sale of said property was from AMC,LLC; and

WHEREAS, the Board has voted to accept said bid;

NOW, THEREFORE, BE IT RESOLVED, the real property situated in Prairie County, Montana, more particularly described as follows:

The East One Hundred Feet (100’) of Lots Sixteen (16) and Seventeen (17) and all of Lots Eighteen (18), Nineteen (19) and Twenty (20) of Bock Thirty-nine (39) of the Townsite of Terry, Prairie County, Montana.
Together with interest in an artesian water well located on Lot Nineteen (19) of Block Thirty-nine (39) of the Original Townsite of Terry, Prairie County, Montana,

Together with personal property described in the attached Schedule “A”, shall be sold to AMC, LLC for ONE HUNDRED THIRTY-TWO THOUSAND SEVEN HUNDRED NINETY-EITH AND NO/100 DOLLARS ($132,798.00) cash, on or before October 29, 2010.

BE IT FURTHER RESOLVED, that Barry Rakes, President of Buffalo Rapids Irrigation District No. 2 Board of Commissioners, is hereby authorized to sign all documents on behalf of Buffalo Rapids Irrigation District No. 2 in order to effectuate said sale.

PASSED AND APPROVED THIS 21st day of October, 2010.

Barry Rakes, President of Board of Commissioners, signed the proposed Buy-Sell Agreement. Closing date is set for October 29, 2010.

Ray and the District No. 2 Board discussed at length issues and progression of the Shirley Fish Screen Project. He informed the Board that the frame for the Fish Screen had been flipped and coated for the winter.

Lance Kalfell asked Ray Strasheim to inquire about the outbuildings that are owned by the Bureau of Reclamation at Buffalo Rapids Irrigation District No. 2.

The meeting was adjourned on a motion by Scott Sackman, seconded by Lance Kalfell. All in Favor. Motion Carried

ATTESTED:
________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

October 13, 2010 District No. 2 Meeting Minutes

2010-11-11T07:57:00.000-08:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

October 13, 2010

The Sixth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the thirteenth day of October, 2010 at 7:30 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the September 13, 2010 meeting were approved by Lance Kalfell seconded by Scott Sackman. All in Favor. Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for October. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $37,012.28, to cover payroll and invoices were signed. S.T.I.P. investment transfer was also signed to invest the remaining monthly District No. 2 cash balances. Forms were also signed for the transfer of $10,325.39 from System Rehab Reserve to District No. 2 Cash for expenditures.

Pat informed the Board on issues concerning Social Security Administration. President Rakes signed resolutions for the Administration concerning a 218 Agreement to withhold social security and Public Employees Retirement.

Pat Davis presented to the Board the list and total overage incurred in the 2010 water season. She also informed the Board that the Auction sale proceeds had been deposited into District No. 2 accounts for the amount of $25,363.34.

Scott Sackman made a motion, seconded by Lance Kalfell, to approve the Treasurer’s report for District No. 2. All in Favor. Motion carried.

MANAGER’S REPORT:

Ray Strasheim mentioned to the Board that Bill Tusler has been cleaning and maintaining the ditch in Shirley Division. The ditch riders have been busy pumping out pipelines in their Division. Ray Strasheim toured the Shirley canal with Ben Benjamin and saw that the canal will need some work. Mr. Tusler has been in contact with Prince Construction to hire a long boom excavator to clean a portion of the Shirley canal that cannot be reached with the current equipment.

Ray Strasheim discussed with the Board the option of having Jeff Morrison from Advanced Well Service work off an invoice that is due to the District.

Ray and the members of the Board discussed issues with the Kalfell EQIP project. Ray and Lance will go to the site of work and consider options for any problems.

Ray and the District No. 2 Board discussed at length issues and progression of the Shirley Fish Screen Project. Allen Gierke and Strad Benjamin have been working on the construction for approximately the last two weeks.

Lance Kalfell, Rick Harding, Ray Strasheim, Dale Hubber, and Dave Schwarz of Agri Industries met and discussed the conditions of the sale of the Machine Shop. Mr. Kalfell brought to the meeting a Buy Sell Agreement for the Board to review. After much discussion it was decided the individuals would meet again and discuss issues and questions that were written, or omitted in the agreement. The Board will also meet at a time to be announced for a special meeting concerning the sale of the Buffalo Rapids Irrigation District No. 2 Machine Shop.

The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

September 13, 2010 District No. 2 Meeting Minutes

2010-10-14T10:42:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

September 13, 2010

The Fifth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the thirteenth day of September, 2010 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer, Kay Braddock, Terry Tribune.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the August 11, 2010 meeting were approved by Lance Kalfell seconded by Scott Sackman.

All in Favor
Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for September. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $34,356.44, to cover payroll and invoices were signed. S.T.I.P. investment transfers were also signed to invest the remaining monthly District No. 2 cash balances. Forms were also signed for the transfer of $5,400.76 from System Rehab Reserve to District No. 2 Cash for expenditures.

Pat Davis discussed with the Board members regarding the income from DNRC for the expenses incurred on the Shirley Fish Screen. She also informed the Board that they would be making the final payment to WWC Engineering for the help on the Canal Automation Project.

Lance Kalfell made a motion, seconded by Scott Sackman, to approve the Treasurer’s report for District No. 2. All in Favor, Motion carried.

MANAGER’S REPORT:

Ray stated that he has had a couple of phone calls into Stephanie Hellekson of the Bureau of Reclamation, to discuss the Shirley Fish Screen Project but has been unable to contact her.

Ray Strasheim mentioned to the Board that Bill Tusler has been cleaning drains and grading roads on the project. Mr. Tusler has also been busy fixing pumps for pumping pipelines out this fall. Bill will start working on the ditch as soon as the water is shut off. Mr. Bill Fleckenstein has been helping Pat with cleaning the previous manager’s office, and going the miscellaneous documents and maps in the basement of the office.

Ray reported that the Machine Shop has been gathering used oil for the winter, working on pumps for Agri Industries, and will be soon working on pumps for area farmers. Ray discussed with the Board as to what kind of schedule they would like to rotate the pumps on. It was decided that they would keep the motors on a five year rotation, and pull any problem pumps as they occur.

Ray Strasheim attended a symposium for the Yellow Stone River Council in Billings on August 19th & 20th. He learned of funding that is available for the upcoming year.

Ray requested that a member of the Board join him in going through the various shops to determine what else might be added to the auction sale. He asked if it could be done within the next week if possible. Bill Tusler is also assisting with that task. Ray also stated that a member of the District No. 1 should be present.

Ray will be joining Ben Benjamin, Shirley Division ditch rider, this week on a tour of the Shirley Canal to view the seepage areas in the canal.

The Board was advised that the Bureau of Reclamation out of Denver will be at the District on Friday, September 17, to tour the areas of the canal that have a problem with seepage. They contacted Ray by telephone and asked if the District would be interested in a couple of products that they would like to try on the canal for seepage. The Bureau of Reclamation is interested in testing on a longer portion of canal that has seepage problems, and explained that District No. 2 is of interest to them because of the pumping of their irrigation water.

Buffalo Rapids Irrigation District No. 2 received one proposal for the machine shop upon closing Monday night at 7:30pm. The one proposal was presented by AMC LLC dba Agri Industries. Many of the items on the proposal were discussed and evaluated by the Board. Members of the Board voiced their concerns and discussed what they would like to negotiate. The District No. 2 Board decided that they would like some clarification on a few of the items of the proposal, and would like to add a right of first refusal if the machine shop were to sell from the buyer.

Lance Kalfell motioned to continue to let Ray Strasheim, Rick Harding, and Lance Kalfell to meet and continue working with Agri Industries on the proposal submitted to acquire the Buffalo Rapids Irrigation District No. 2 Machine Shop, seconded by Scott Sackman.

All in Favor
Motion Carried

The members of the Board discussed at length if there were any equipment or machinery that they would like to keep off of the sale bill for the auction on September 25, 2010.

The meeting was adjourned by Lance Kalfell, seconded by Scott Sackman.

All in Favor
Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

August 11, 2010 District No. 2 Meeting Minutes

2010-09-14T10:18:00.000-07:00

MINUTES
Of the
MEETING OF THE COMMISSIONERS
Of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

August 11, 2010

The Fourth Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the eleventh day of August, 2010 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the July 14, 2010 meeting were approved by Scott Sackman seconded by Lance Kalfell.

All in Favor
Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for August. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $62,412.59, to cover payroll and invoices were signed. S.T.I.P. investment transfers were also signed to invest the remaining monthly District No. 2 cash balances.

Scott Sackman made a motion, seconded by Lance Kalfell, to approve the Treasurer’s report for District No. 2. All in Favor, Motion carried.

Pat Davis discussed with the Board members regarding the Shirley Fish Screen, DNRC and Intralox. Intralox informed Pat that they will wait for final payment on the screens until installation, and that no interest will be charged to Buffalo Rapids.
Pat reviewed with the Board about Alltel services on company cell phones.
Pat Davis requested from the Board a decision to be made as to which reserve account they would like to transfer money from first for Septembers’ expenses. The Board decided to use the System Rehab Reserve funds first.
Pat Davis discussed a workman’s comp claim.
Pat Davis mentioned to the Board that Bruce Lantis will be done August 15, 2010 and may be back to work mid September 2010. She also stated that Tanner Schillinger resigned July 31st, 2010.

MANAGER’S REPORT:

Ray Strasheim stated that there will be a bill coming from WWC Engineering for around $6,700.00 or $6,800.00 for the canal automation.

Ray stated that he has talked to the Bureau of Reclamation regarding pumping plant structure for the Fish Screen. The Bureau is working on a solution to continue the structure support.

Ray reviewed with the Board the WAPA power bill; the plants did not peak at the same time but close to the allotted power without getting a fine.

Ray Strasheim mentioned to the Board that Bill Tusler has been cleaning canals and Bruce Lantis has been working towards setting equipment for the auction.

Ray reported on the machine shop. He stated that there has been work on some canal automation, and there has been work done for Agri Industries. The Machine shop will be working on getting used oil to use this winter.

Ray stated that the ditch riders have been busy and the Terry Bay was cleaned by Prince Construction.

Ray questioned the Board if the extra cement bags want to be put in the auction along with the cement truck and equipment. Ray will check with Granmoe Auction Service.

Granmoe Auction Service will be auctioning the sale on September 25, 2010.

Ray stated that Rick Harding, Lance Kalfell and himself met with Dale Hubber on the issue of selling the machine shop. The members felt that a proposal for the machine shop should be run for two weeks in the paper. Ray, Rick and Lance have met with Dave Schwarz, of Agri Industries, which the company is interested in acquiring the Machine Shop.

Scott Sackman motioned to advertise that Buffalo Rapids Irrigation District No. 2 is seeking proposals for operating its machine shop located in Terry, MT., seconded by Lance Kalfell.

All in Favor
Motion Carried

BE IT RESOLVED,

To advertise for operating proposals for the Machine Shop owned by Buffalo Rapids Irrigation District No. 2, located in Terry Montana.

Lance Kalfell expressed concern regarding Duane Lassle’s water situation. The Board stated that things are going well and he is getting enough water. Lance Kalfell asked about air vents and there is really no policy. It was stated that if the vent needs to be welded there is no charge but a bigger repair there will be a charge.

The meeting was adjourned by Lance Kalfell, seconded by Scott Sackman.

All in Favor
Motion Carried

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

July 14, 2010 District No. 2 Meeting Minutes

2010-08-12T10:15:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

July 14, 2010

The Third Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the seventh day of July 14, 2010 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were: Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the June 7, 2010 meeting were approved by Scott Sackman seconded by Lance Kalfell.

All in Favor
Motion Carried

Minutes from the June 22, 2010 were approved by Lance Kalfell seconded by Scott Sackman.

All in Favor
Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for July. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $95,015.24, to cover payroll and invoices were signed. S.T.I.P. investment transfers were also signed to invest the remaining monthly District No. 2 cash balances.

Lance Kalfell made a motion, seconded by Scott Sackman, to approve the Treasurer’s report for District No. 2. All in Favor, Motion carried.

Pat Davis reviewed with the Board members Custer County assessments and the Fish Screen Grant. Pat stated that the Canal Automation final payment has been received. She also stated that the quarter reports are done and have been sent to all entities. The final reports for the Canal Automation are also finished and have been booked. The Fish Screen grant is the only grant that is still out. Pat reviewed with the Board the cash flow. Pat also stated that District I has outstanding bills with Ace Irrigation and Great Plains meter and these are the only bills that are outstanding that may affect District 2. Pat also reviewed with the Board the budget. Pat stated that currently the District is with Alltel, she stated that she received a quote from Verizon. Lance Kalfell stated that Pat should make a decision for the best possible plan. Pat stated that the old pictures and maps need to be preserved, and that she had been copying and reprinting some of those pictures for the office. District will buy a color cartridge for Pat’s personal printer for scanning and printing of those photographs.

MANAGER’S REPORT:

Ray Strasheim stated that Bruce Lantis has been cleaning the yard and placing equipment for the auction. Ray stated that District I sent one guy for a day or two. The members discussed splitting the miscellaneous inventory in shops and buildings.

Ray reviewed the Canal Automation and informed the members of the Board that it is up and running and working well. Allen Gierke and the machine shop employees have finished construction on that project. Ray fabricated and constructed a structure for the Canal Automation.

Ray stated that Lateral 3.2 had a leak from construction, it has been repaired and running well. Advance Well Service has been billed for the repairs. Bill Tusler worked on Lateral 3.2 and digging drains.

The members discussed the Fish screen. Barry Rakes stated that he has phone calls out to Intralox and is waiting for a return call. Barry stated that there will be no advance on the NRCS money until the project is completed. Ray stated that he has talked with Allen about building a sub frame to the plant.

The Board members discussed the water for Duane Lassle and his pipeline. They also discussed the upcoming auction sale, no date has been set. Ray Strasheim will contact Larry Heimbuch from District I.

Ray Strasheim discussed with the Board that Rick Harding, Lance Kalfell and himself will meet with Dave Schwarz. Pat Davis stated that Dave came into the office for a machine shop expenses workup.

Lance Kalfell brought a concern to the Board regarding broken air vents. His concern was if it were producer caused or natural causes, who will be responsible for paying. Ray Strasheim will review the policy.

The meeting was adjourned by Lance Kalfell, seconded by Scott Sackman.

All in Favor
Motion Carried

The next scheduled meeting will be held on August 11, 2010, at 7:00p.m.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Irrigation District No. 2 adjourned.

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

June 22, 2010 Buffalo Rapids Irrigation District No. 2 Meeting Minutes

2010-07-15T09:19:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

June 22, 2010

The Special Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the twenty second day of June, 2010 at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were Raymond Strasheim, Secretary,
Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

MANAGERS REPORT:

Ray Strasheim reviewed with the Board workman’s comp claims. Ray stated that Bill Fleckenstein is intending to work one more year. Ray stated that with the rain some employees are using comp time and vacation. Ray Strasheim stated that the Poucher leak is being fixed on the lateral. The Canal Automation is being worked on; completion of grant is to be mailed in this week. Ray stated that servicing of vehicles and working on gathering scrap iron and getting items ready for sale. The Board discussed auctioneers; decision will be up to managers. Ray stated that he talked to Sandra Brown regarding the use of land for the auction sale; she said it was ok, on behalf of the Grazing District, for now. The Board discussed equipment rental for employees and how it should be used for Buffalo Rapids producers.

Ray Strasheim discussed with the Board Agri Industries. He stated that he received a call from Dave Schwarz that he has permission from the owners of Agri Industries to sign a letter of intent to purchase the machine shop. Ray explained to the Board the situation Agri Industries was having. Dave Schwarz contacted Ray about purchasing the machine shop from District No.2 because Agri Industries will either purchase or build a shop and possibly add a motor rewind unit. Ray stated that Dave also asked if Buffalo Rapids No. 2 would be willing to expand the machine shop to handle all work that would be expected to be done for Agri Industries, if that was possible Agri would not build. If purchased Agri Industries would work on District No. 2 pumps for cost and give consideration to the District in case of season breakdown and possibly hire employees. The Board also discussed that a long term agreement would be needed.

Lance Kalfell expressed his concerns with selling the building. He also stated that if shop was sold it was no way meant to hurt the employees or compromise the collective bargaining agreement with the Union. The Union will be contacted regarding the employees for the machine shop.

Lance Kalfell made a motion to have Ray Strasheim pursue selling of the machine shop to Agri Industries and if he would like assistance and if needed to form unofficial committee to proceed to look at with the Board and to consider options. Scott Sackman seconded.

All in Favor
Motion Carried

The Board discussed the 2010 Budget and a preliminary budget for 2011. A letter will be written to producers explaining the increase in assessments. The 2010 assessments were reviewed. The Fiscal year for 2011 assessments were reviewed. The amount per acre will be $40.00 per acre.

O&M=$35.00
EQUIP RESERVE=$1.00
SYSTEM REHAB=$3.00
REPAY A=$1.00
TOTAL=$40.00

Lance Kalfell motioned to accept the 2011 assessments, seconded by Scott Sackman.

All in Favor
Motion Carried

BE IT RESOLVED,

To have an inscrese to $40.00 per acre for the 2011 assessments for Buffalo Rapids District No. 2.

The 2010 water overage was discussed; it was decided to increase the overage fee to $14.00 per acre foot. Scott Sackman motioned to accept the increase, seconded by Lance Kalfell.

All in Favor
Motion Carried

BE IT RESOLVED,

2010 water overage for Buffalo Rapids District No. 2 will be a fee of $14.00 per acre foot.

Meeting adjourned.

Next meeting will be held on July 14, 2010, at 7:00p.m.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Irrigation District No. 2 adjourned.

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

June 07, 2010 Buffalo Rapids Irrigation District No. 2 Meeting Minutes

2010-07-15T09:16:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

June 07, 2010

The Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the seventh day of June, 2010 at 1:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were Raymond Strasheim, Secretary,
Pat Davis, Treasurer, Bill Fleckenstein and Rick Harding.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the April 14, 2010 Board of Control meeting were approved by Lance Kalfell seconded by Scott Sackman.

All in Favor
Motion Carried

Minutes from the District No. 2 meeting held May 12, 2010 were approved with corrections by Scott Sackman seconded by Lance Kalfell.

All in Favor
Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for June. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $41,431.65, to cover payroll and invoices were signed. S.T.I.P. investment transfers were also signed to invest the remaining monthly District No. 2 cash balances.

Lance Kalfell made a motion, seconded by Scott Sackman, to approve the Treasurer’s report for District No. 2. All in Favor, Motion carried.

Pat Davis reviewed with the Board the Assurant premiums, it will going up 5 percent. She also stated that Star printing quoted a copier color is $8395.00 and $7995.00 for a black and white and Boss office $6648.00, which includes a service contract. Pat discussed with the Board OPEB Liability. Pat discussed with the Board the bills for District 1 and the bill for the PERS past employee.

Bill Fleckenstein reviewed with the Board the EQIP for District 1. He also stated that District 1 has gotten a few fittings, as of now Bill will not be ordering for District 1. Bill stated that as of now he is using the stock on hand. Bill stated that he will order for customers with the approval from Ray Strasheim. He also stated that he keeps items on hand for emergencies. He is also going to check on the pipe and fitting count and it was discussed that the materials that are jointly owned need to be split. The Board discussed to continue to have items for customers for resale.

MANAGER’S REPORT:

Ray Strasheim stated that the office has had some work done: tore out water damage in the basement, sheet rock done in the basement, gutters on building, new steps and sidewalk.
Ray stated that District 1 pickup up tools and tire machine.
Ray stated that Bruce Lantis will be paid out of the proceeds of surplus items sale, District 1 agreed to this. Dale Hubber will draw a contract.

Ray Strasheim stated that the completion form for the Canal Automation needs to be finished by Friday to DNRC, $10,000.00 remaining on grant. WWC- Scott Aspenlider will be in the office next week and the final report to DNRC needs to be in by June 30th.
Ray reviewed with the Board Lateral 3.2, a letter and a signed document needs to be sent to DNRC by Friday
Shirley pump will be on Monday the 7th, Terry water may be on Wednesday.

Ray Strasheim stated that a letter was written to NRCS asking for Advance of Contract date and funding, in the letter it was mentioned that the screens are much heavier that District 2 was told and the problem with installing. Ray mentioned that funding of $175,000.00 for Terry fish screen from Federal Fish and Wildlife.

Ray Strasheim stated that the gas cards were received from MTD, there will be no more fuel on the premises. MTD can take the Federal tax off the price at the pump and are the only business that can do that in Terry.

Barry Rakes discussed with the Board the Duane Lassle pipeline. Barry Rakes is working with NRCS.

Barry Rakes stated District No. 2 has a line of credit with Stockman Bank for $49,000.00 if needed. District No. 2 received a letter from Dale Hubber stating that they are authorized to acquire a loan if needed.

Barry Rakes stated that District No. 2 has made an agreement with District No. 1 for compensated absences in lieu of land and buildings in Terry which was drawn up by Dale Hubber. In the agreement it states that District No.1 owns Fifty-Eight and 5/10 percent and District No.2 owns Forty-One and 5/10 percent of real property located in Prairie County. The total value of land and compensated absences where proportionate to acreage in each District. The members of the Board signed the agreement. Scott Sackman motioned to accept the agreement, seconded by Lance Kalfell.

All in Favor
Motion Carried

BE IT RESOLVED,

To accept agreement between District No.1 and District No. 2 for the land and buildings owned jointly by the Districts in lieu of compensated absences owed by each District.

Barry Rakes reviewed with the Board the Union Memorandum of Understanding. Barry Rakes stated that there were just a few changes to the contract. First change was grievance going to arbitration in that event is to be done in a timely manner & expedient manner instead of fifteen days. The second change was regarding sub-contracting- not the intention to cause a reduction in hours worked or conditions or cause layoffs to employees. Third change was Managers Rights and Discipline and Discharge added to the Memorandum of Understanding.
Lance Kalfell made a motion to accept the resolutions added to the Union ratified contract and Barry Rakes will have permission to sign the final contract, seconded by Scott Sackman.

All in Favor
Motion Carried

Barry Rakes reviewed with the Board cost for employees to work on District 1 pumps. It was discussed the employee labor and mileage and a possible service agreement or a hold harmless clause. Ray Strasheim will talk with Dale Hellman on insurance. If there is change District 1 will be notified before the change. Lance Kalfell made a motion to have Ray Strasheim research what a fair and reasonable rate for work outside for District 1 or other outside work to visit with Dale Hubber and Dale Hellman and how it will be handled and if Barry Rakes agrees with that figure that will be acceptable with the Board. Seconded by Scott Sackman.

All in Favor
Motion Carried

The Board reviewed and discussed the budget but nothing was finalized.

Meeting adjourned.

Next meeting will be held on July 14, 2010, at 7:00p.m.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Irrigation District No. 2 adjourned.

ATTESTED:

________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

April 14, 2010 Meeting Minutes

2010-06-11T12:14:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
March 30, 2010

The Special Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Thirtieth day of March, 2010, at 7:00 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, Dale Hellman; Hellman Insurance, Victor Dienes, Bryan Robson, Rennee Mueller, Don Rau, Al Ekblad and Bill Lingerfelt; Union Representatives.

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.

Dale Hellman stated that the titles to the vehicles are in different names and asked if the Board would be in agreement if Ray Roethle would have the ability to sign for Board of Control, District I and District II. Lance Kalfell made a motion to give permission for Ray Roethle to sign all vehicle titles that are titled under Board of Control, District I or District II, seconded by James Whitmer.

All in Favor
Motion Carried

BE IT RESOLVED,

To allow Ray Roethle to sign vehicle titles titled under the name Buffalo Rapids Board of Control or under District I or under District II.

Scott Sackman motioned to have Ray Strasheim as authorized signer for District II, seconded by Lance Kalfell.

All in Favor
Motion Carried

Bill Lingerfelt stated that he and Al met with employees. Bill stated that Tim Kortum needs direction from one person and Tim will direct his crew. Bill also stated that two Districts need to determine what job positions are available. Barry Rakes stated that all three managers get together and talk about what needs to be done and who needs to speak with Tim. Bill stated that more than one employee is getting pulled in different directions. Bill Lingerfelt stated that the Union needs to know what the two Districts needs are for employment.
Ric Holden presented to the Board a handout for District I Labor Request proposal.
Immediate need:
1. Four employees
a. Job duties, multiple, know how or willing to learn the following as outlined on the Collective Bargaining Petition dated Sept. 8th 2009.
Ditch Riding, Welding, Machine shop work, Equipment operation
2. Ability of employee to report to work at Glendive Facility in near future.
3. Report to project managers of District I, Don Buxbaum & Larry Heimbuch
4. Possess personal transportation to work
5. Employee benefits to remain the same “as is” until collective bargaining is reached.
6. Employee understands “Memorandum of Understanding” between Union Local 400 & BR Board of Control
a. District I will negotiate a collective bargain agreement separately from District 2 and the MOU financial stress provisions may apply

Bill Lingerfelt questioned if the employees will be seasonal or full time. Ric Holden stated that they would only work through the summer possibly. Ric also stated that they District I wants to be up front with the employees and the Union with the handout. Barry Rakes stated that District II will have five full time and three seasonal employees. The members discussed about job sharing with District I. The members also discussed where the employees would be working possibly by seniority or where they have always worked. Bill Lingerfelt stated that the employees would like to stay where they are working and seniority would be the governing factor in employment. The members were in discussion on job placement of employees.

The Board members discussed machine shop agreement. It was decided that the wages for the machine shop employees will be paid out of Boards of Control until split, all members were in agreement. Lance Kalfell and other District II discussed that District I will have their pumps put in by the machine shop even if it is after the split.
All the documents were signed for machine shop and equipment.

Don Buxbaum stated that he talked with Jeff Morrison, Don stated that Jeff would be able to complete 2.9 for approximately $40,000.00 using Buffalo Rapids trencher and he would provide fuel and may need a little extra help. The members discussed finishing the 2.9 pipeline. Ray Roethle motioned to hire Jeff Morrison of Advance Well Service to finish trenching and installing dog legs for Lateral 2.9, seconded by James Whitmer.

All in Favor
Motion Carried

BE IT RESOLVED,

To hire Jeff Morrison of Advance Well Service for work on Lateral 2.9.

District I discussed employee positions. James Whitmer expressed that they need continuity of employment for their District. Bryan Robson and Don Rau discussed with the Board that part time seasonal probably won’t work and getting green employees with less knowledge won’t work. The members discussed whether to make position full time or seasonal and how many employees to make full time, possibly have three full time and one part time. The full time position would be guaranteed 2080 hours per year-tentatively. Comp time was also discussed.

Next regular scheduled meeting will be held on April 14, 2010 at 7:00 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

March 30, 2010 Meeting Minutes

2010-06-11T12:13:00.000-07:00

May 12, 2010 Buffalo Rapids Irrigaiton District No. 2 Meeting Minutes

2010-06-11T10:58:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2
Terry, Montana

May 12, 2010

Before the meeting could be called to order, the following nominations, elections and appointments needed to be made:

The meeting was then turned over to Scott Sackman who declared nominations open for President of the Buffalo Rapids Irrigation District No. 2. Barry Rakes was nominated by Lance Kalfell. Lance Kalfell made a motion that all nominations cease, and a unanimous ballot be cast for Barry Rakes.

A winning ballot was cast for Barry Rakes, and it was,

RESOLVED, that Barry Rakes be and he hereby is elected and appointed to the position of President of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2011 and/or until his successor is elected and qualified.

Mr. Rakes accepts his position.

The meeting was turned back to President Barry Rakes who declared nominations open for Vice President of the Buffalo Rapids Irrigation District No. 2 with Scott Sackman being nominated by Lance Kalfell. Lance Kalfell made a motion that all nominations cease, and a unanimous ballot be cast for Scott Sackman.

A unanimous ballot was cast for Scott Sackman, and it was,

RESOLVED, that Scott Sackman be and he is hereby elected to the position of Vice President of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2011 and/or until his successor is elected and qualified.

Mr. Sackman accepts his position.

Nominations were open for Secretary of the Buffalo Rapids Irrigation District No.2 with Raymond Strasheim being nominated by Lance Kalfell. Lance Kalfell made a motion that all nominations cease, and a unanimous ballot be cast for Raymond Strasheim, seconded by Scott Sackman

A unanimous ballot was cast for Raymond Strasheim, and it was,

RESOLVED, that Raymond Strasheim be and he is hereby elected to the position of Secretary of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2011 and/or until his successor is elected and qualified.

Mr. Strasheim accepts his position.

Nominations were open for Treasurer of the Buffalo Rapids Irrigation District No.2 with Pat Davis being nominated by Lance Kalfell.
Lance Kalfell made a motion that all nominations cease, and a unanimous ballot be cast for Pat Davis, seconded by Barry Rakes

A unanimous ballot was cast for Pat Davis, and it was,

RESOLVED, that Pat Davis be and he is hereby elected to the position of Treasurer of the Buffalo Rapids Irrigation District No. 2, to hold office until the twelfth regular meeting to be held in May of 2011 and/or until his successor is elected and qualified.

Mrs. Davis accepts her position.

Lance Kalfell holds the title as commissioner of Buffalo Rapids Irrigation District No. 2, Shirley division.

The President of the Board shall preside at all meetings thereof. He or she shall execute all contracts and instruments of every kind on behalf of the Board, in conjunction with the Secretary, when and if authorized by the Board. He or she shall countersign all checks and orders on the depository of the Board. He or she shall perform all other duties as may be required of him or her by the Board. In the absence of both President and Vice President the other Commissioner may perform such duties.
Lance Kalfell motioned to accept the authorized signors seconded by Scott Sackman.

All in Favor
Motion Carried

BE IT RESOLVED,

That the Buffalo Rapids Project Irrigation District No. 2 Commissioners be authorized to sign on all Buffalo Rapids accounts, including the Secretary of the Board who is acting manager of the District, effective May 12, 2010.

All nominations being made and accepted, the First Regular Meeting of the Members of the Buffalo Rapids Irrigation District No.2, at Terry, Prairie County, Montana, was held on the Twelfth day of May, 2010, at 7:00 p.m.

There were present and participating at the meeting:

Barry Rakes
Scott Sackman
Lance Kalfell

Also present and participating were Ray Strasheim, Secretary and Pat Davis, Treasurer.

President Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

The Minutes from the April 16, 2010 meeting were approved by Lance Kalfell seconded by Scott Sackman.

All in Favor
Motion Carried

Minutes from the Board of Control meeting held March 30, 2010 were approved by Lance Kalfell seconded by Scott Sackman.

All in Favor (tentative approval by District 1)

Transfer authorizations were motioned to accept by Lance Kalfell seconded by Scott Sackman.

All in Favor
Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for May. 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 No. 2 cash balances.

Lance Kalfell made a motion, seconded by Scott Sackman, to approve the Treasurer’s report and the transfer of $65,888.04 for District No. 2. All in Favor, Motion carried.

Barry Rakes brought information to the members regarding the fish screens. The freight cost was a problem and is being checked into. The ground by the plant needs to be built up for the crane.

Barry Rakes stated the all old credit cards are canceled and a new card is in the name of Buffalo Rapids in Barry Rakes name.

Barry Rakes discussed with the members the proposed By-Laws presented by Ray Strasheim. The By-Laws were reviewed and made corrections before being approved.

Barry Rakes discussed with the members the Union contract and ratification. The members also discussed any changes that may need to be done to the original contract ratified by the employees.

The Annual Report was discussed as to when to create one for District 2 which would be sent out to the producers the end of January.

The members discussed fuel regarding bulk, charging, bids, MTD or Cenex cards. Also separate cards for employees. Ray Strasheim will check with MTD.

The members discussed setting a day for the District 2 budget, possibly the last week in May.

MANAGER’S REPORT:

Ray Strasheim informed the Board members that Scott, Rick Harding and himself met with Don Rau and Larry Heimbuch regarding the compensated abscenses (District 1 amount was $36,725.24). District 1 felt that the amount was fair. The shop equipment will be split at a later day. The pipe inventory will be counted in Glendive at a later date by Bill. Jeff Morrison sent a bill and will be sent to District 1.The concrete forms were discussed. The army truck now belongs to District 1. The Cat fork lift belongs to District No.2. The split committee met to discuss how equipment could be traded out amongst the Districts.

Ray Strasheim informed the Board the canal automation all the gates placed, posts are in, the brackets and T flies are built. The project should be finished in June. Barry Rakes stated that he talked to Alicia Stickney, she stated that they would be able to help.

Ray Strasheim stated that the ditches are being finished burning, the head gates are being fixed and the ditches are being pulled.

Ray Strasheim stated that the machine shop would like a coal stoker. The stoker would be outside of the shop.

Lance Kalfell questioned whether they are going to keep selling resale items. The members will visit with Bill Fleckenstein on the issue of resale.

Lance Kalfell wanted to reconfirm that no original files or original leave the office until the 2010 BOC audit. Ray Strasheim has already discussed with Larry Heimbuch.

The members discussed the need for transformers at the Shirley plant for the fish screen.

Pat Davis stated that Tim Kortum has been fully paid and is no longer an employee. Pat also stated that the Xerox copier lease is up. Lance Kalfell motioned for Pat to look into a new copier at Boss and Star Office and service, seconded by Scott Sackman.

All in Favor
Motion Carried

Pat Davis discussed with the members the transferring of vehicle titles and licensing of the vehicles. PERS was also discussed about a past employee. Pat stated that as of now District 1 owes District No.2 $1,803.25. Pat informed the Board workman’s comp is paid quarterly instead of monthly. (BRDI)Workman’s comp refund has been received and a portion has been forwarded to District 1. Pat stated that Ray Strasheim purchased a pickup for ditch riding and has been reimbursed.

BANK LOAN:
Lance Kalfell motioned to pursue operating line of credit with Stockman Bank and negotiate the best terms in case District No.2 needs extra funds and brought to the Board for the next meeting. Scott Sackman seconded.

All in Favor
Motion Carried

The loan resolution was drawn up by Dale Hubber. The forms were signed with a correction for $49,000.00 loan resolution with Stockman Bank.

Lance Kalfell motioned to adjourn meeting, seconded by Scott Sackman.

All in Favor
Motion Carried

Next meeting will be held on June 07, 2010, at 7:00p.m.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Irrigation District No. 2 adjourned.

ATTESTED:
________________________________ ____________________________________
Raymond Strasheim, Secretary Barry Rakes, President

April 16, 2010 Buffalo Rapids Irrigation District No. 2 Meeting Minutes

2010-05-13T14:42:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS IRRIGATION
DISTRICT NO 2
Terry, Montana
April 16, 2010

The Special Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the sixteenth day of April, 2010 at 7:00 p.m.

There were present and participating at the meeting:

Scott Sackman
Barry Rakes
Lance Kalfell

Also present and participating were, Pat Davis; Assistant Secretary, Ray Strasheim; General Manager.

President Barry Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

Minutes were read and stand as approved for March 16, 2010. Lance Kalfell motioned and Scott Sackman seconded to approve.

All in Favor
Motion Carried

The Members discussed employees that will be employed with Buffalo Rapids District 2. Barry Rakes stated that seasonal workers will be: Helmut Hintz, Bill Fleckenstein and Ben Benjamin.
Full time employees will be Pat Davis, Allen Gierke, Strad Benjamin and Tanner Schillinger. Part time employees will be Tim Kortum, Bill Tusler and Bruce Lantis. Ben Wollman will be paid for one day (April 16th).
Travel per diem will be paid plus manager travel per diem. The members also discussed having an employee at the meetings. Lance Kalfell mentioned having a new budget done.
Barry Rakes stated that Dale Hubber will be writing a resolution for $49,000.00 operating loan, now thru June 31, 2011 if Buffalo Rapids 2 needs it. Pat Davis stated that Strom and Associates will be in the office to split the books. Lance Kalfell questioned how tracking projects are done in the books and would be a good idea to start when the new book work begins. Pat Davis discussed with the members regarding PERS. The members also discussed using a debit card verses a credit card.

Barry Rakes stated that the Larcon does have the wing walls poured and will be starting on the guides. Barry stated that the fish screens might be delivered May 5, 2010. Barry stated the 50 HP motor needs to be ordered for fish screens according to the Bureau. The quarterly report for fish screens will be done by Ray Strasheim and Barry Rakes.

Ray Strasheim discussed the budget with the members, the members discussed how the budget might change after the splitting of Districts and after the Union negotiations are done.

Lance Kalfell asked the members if the split committee will still be meeting. Lance stated that there are a few issues that still need to be decided. The members discussed the buildings and the land and a value to be negotiated against the compensated absences liability.

Lance Kalfell stated that he talked to John McAulley regarding the pipeline that would connect to Lassle pipeline. The members discussed the possibilities to get water to Lassle’s pipeline.

Ray Strasheim brought to the Board a possibility of purchasing another pickup for ditchriding.

Lance Kalfeel made a motion to have the Split committee to continue to work on splitting out the buildings and offices and any other assets that could be split out under an agreement. Scott Sackman seconded

All in Farvor
Motion Carried

Lance Kalfell made a motion to adjourn meeting seconded by Scott Sackman.

Next regular scheduled meeting will be May 12, 2010.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Irrigation District No. 2 adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary Barry Rakes, President

March 16, 2010 District II Meeting Minutes

2010-04-27T11:38:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS IRRIGATION
DISTRICT NO 2
Terry, Montana
March 16, 2010

The Special Meeting of the members of the Buffalo Rapids Project, District II at Terry, Prairie County, Montana, was held on the sixteenth day of February, 2010 at 1:00 p.m.

There were present and participating at the meeting:

Scott Sackman
Barry Rakes
Lance Kalfell

Also present and participating were, Pat Davis, Assistant Secretary, Rick Harding, Ray Strasheim, Dale Hellman.

President Barry Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

Minutes were read and stand as approved for January 4, 2010. Lance Kalfell motioned and Scott Sackman seconded to approve.

All in Favor
Motion Carried

Minutes were read and stand as approved for January 19, 2010. Lance Kalfell motioned and Scott Sackman seconded to approve.

All in Favor
Motion Carried

The Members discussed with Pat Davis regarding PERS contracts.
Lance Kalfell motioned to sign contracts to convert PERS contracts with the State from Board of Control to Buffalo Rapids Irrigation District II for employees. Scott Sackman seconded.

All in Favor
Motion Carried

BE IT RESOLVED,

To accept sign contracts to convert PERS contracts with the State from Board of Control to Buffalo Rapids Irrigation District II for employees.

Barry Rakes and Scott Sackman signed Resolutions and contracts for PERS.

The members with Dale Hellman discussed Workmans comp liability insurance regarding Ray Strasheim. Ray Strasheim stated that he will work with District II until the end of the year if needed.
Lance Kalfell motioned to hire Ray Strasheim as Manger for District II to be revisited at the end of the fiscal year and to reimburse for any monetary expenses at a salary of $0.00.
Scott Sackman seconded.

All in Favor
Motion Carried

BE IT RESOLVED,

To hire Ray Strasheim as Manger for District II to be revisited at the end of the fiscal year and to reimburse for any monetary expenses at a salary of $0.00

Dale Hubber will write the contract. Ray Strasheim will be an authorized signer.

Ray Strasheim proposed to the members District II By-Laws Policy and Procedures. The members and Pat Davis reviewed the policy and will be accepted at a later date.

Dale Hellman suggested that a separate policy should be done as soon as the property is divided for liability issues. Dale also discussed health insurance policies. Assurant Health Insurance Company (John Alden) and Maco Health Care Trust. Rick Harding discussed with the Board regarding the building options and what District will be responsible for insuring the buildings. Rick stated that joint ownership of the buildings (less the Bureau of Reclamation buildings) and the land would be an option.

Barry Rakes and the members discussed labor for 2.9 pipeline .
Members and Rick Harding were discussing split options and employee labor payout.
Rick Harding stated that District II should talk to Dale Hubber regarding continuing working for District II.
Pat Davis stated that through the county Treasurer the money would be in the county and would transfer out. Rick Harding brought to the table the need to get authorized signers for District II checks. Pat Davis stated that she would like the format to stay as is. Pat also recommended the manager knows how the financial system works.
The members discussed contacting venders and companies regarding the change in splitting of the Districts.

Barry Rakes stated that he contacted Bill Lingerfelt and mentioned to him that District II wanted to start negotiating, as of now District II is waiting to hear from the Union.
A motion made by Lance Kalfell to have Barry Rakes, Rick Harding and Manager Ray Strasheim as District II Union Negotiating Committee, seconded by Scott Sackman.

All in Favor
Motion Carried

BE IT RESOLVED,

to accept Barry Rakes, Rick Harding and Manager Ray Strasheim as District II Union Negotiating Committee.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Project Board District II adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary Barry Rakes, President

March 10, 2010 District I Meeting MInutes

2010-04-27T11:37:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS IRRIGATION
DISTRICT NO 1
Terry, Montana
March 10, 2010

The Special Meeting of the members of the Buffalo Rapids Project, District I at Terry, Prairie County, Montana, was held on the tenth day of March, 2010.

There were present and participating at the meeting:

Donald Buxbaum
James Whitmer
Ray Roethle
Ric Holden

Also present and participating were, Pat Davis, Assistant Secretary, Don Rau, Sandy Helmuth, Larry Haas and Bryan Robson.

President Don Buxbaum called the meeting to order, stating that all necessary and advisable business be conducted during this time.

Ray Roethle motioned to make Don Buxbaum and Larry Heimbuch as interim managers for Buffalo Rapids Irrigation District I, seconded by James Whitmer.

All in Favor
Motion Carried

BE IT RESOLVED,

To make Don Buxbaum and Larry Heimbuch as interim managers for Buffalo Rapids Irrigation District I.

A motion made by Ray Roethle to have Sandy Helmuth, Bear Whitmer and Clay Lassle serve on the Buffalo Rapids Irrigation District I By-Laws Committee, seconded by James Whitmer.

All in Favor
Motion Carried

BE IT RESOLVED,

Sandy Helmuth, Bear Whitmer and Clay Lassle serve on the Buffalo Rapids Irrigation District I By-Laws Committee.

Ric Holden presented to the board a handout for insurance and risk management annual review dated March 10, 2010
1. PROPERTY INSURANCE
A. Buildings
a. Office Buildings
b. Storage buildings- bureau of reclamation size___x___
c. Land & other fixtures
d. Pumps-Glendive 1 numbers of pumps____
Pump building coverage
Pumps-Glendive 2 numbers of pumps____
e. Canal fixtures
Concrete fixtures
Siphons
Spillways
Metal doglegs
f. Temporary buildings, rental buildings, pipe & supplies, tools inventory
g. Vehicle insurance
h. Machinery equipment coverage

2. LIABILITY INSURANCE
a. General district I project liability coverage coverage limit ______
b. Vehicle & Equipment liability

3. EMPLOYEE & VOLUNTEER COVERAGE’S
a. Workers compensation coverage
b. Board member liability coverage
c. Board member bonding coverage
d. Project managers workers compensation
e. District I secretary, workers compensation & vehicle driver coverage
f. “Volunteer help” risk consideration, burning, equipment, etc

After reviewing the handout with the members it was decided to have Ric Holden look into Insurance coverage. James Whitmer made the motion, seconded by Ray Roethle.

All in Favor
Motion Carried

BE IT RESOLVED,
Ric Holden checking into Insurance coverage.
Ric Holden brought to the board information pertaining to Peter Maltiese, Attorney from Sidney. Ric stated that his fee is $175.00 per hour with no retainer. Ric stated that James Whitmer and himself have already talked to him. A motion made by Ray Roethle to authorize James Whitmer and Ric Holden to use Peter Maltiese as needed for Labor law consultant, seconded by Don Buxbaum

All in Favor
Motion Carried
BE IT RESOLVED,

James Whitmer and Ric Holden are authorized to use Peter Maltiese as needed for Labor Law consultant.

Ric Holden stated that an amount of $437.00 is owed to Peter Maltiese for services already obtained. Ray Roethle motioned to pay Peter Maltiese out of District I funds, seconded by James Whitmer.

All in Favor
Motion Carried

BE IT RESOLVED,

Payment to Peter Maltiese for $437.00 out of District I funds.

Ric Holden stated that Mike Carlson and himself have updated a task worksheet. Ric stated that District I should hire him to complete the following tasks. Ric passed a handout regarding the tasks that need to be finished. Listed below is the handout.
Proposal: District I, hire Mr. Carlson to complete the following tasks specific to District I. costs to be charged to District I only. Mr. Carlson is to serve as an administrator over paperwork, finances & government reporting. He reports to the District I board members with progress reports.
TASKS PER LATERAL PROJECT:
Lateral 2.9
1. Mr. Carlson to complete quarterly reports required by the government as needed.
2. Mr. Carlson to complete Final Report for pipeline 2 & 5 when appropriate.
3. Calculation of cost to finish lateral 2.9 in labor.
a. Labor cost for pipeline #2 & #5
b. Labor cost for pipeline #3 & #1 & #4
c. Subcontractor costs & review landowner EQUIP contracts
d. Assumption is that pipeline materials are purchased and on site or in yard
4. Oversee proper & timely submission of bill and job completion documentation to NRCS.
5. Oversee proper & timely submission of bills to Landowners for pipe & materials costs under Buffalo Rapids control. President Buxbaum to provide letter of authorization.
6. Mr. Carlson to contact subcontractor, Jeff Morrison, to review costs, progress, past contract obligations, & establish a restart date for this spring.

Lateral 7.6
Project is on hold until final design is finished. Mr. Carlson is to consider the possibilities of gaining a completion agreement from the NRCS, on 2.9 and separating that project from 7.6 for budget and future grant writing board consideration.

Lateral 26.4
1. Mr. Carlson to review engineering plan and report to District I with a recommendation to Approve or Not Approve
a. Clear cost estimate needs to be included supporting recommendation
2. Follow-up on submission dates & insure timely reporting to protect Boards opportunities for funding.
3. Draft sample letters of support for community leaders to sign and submit.

Lateral 34.5
1. Mr. Carlson to make final report on project completion concerning June 30th deadline.
2. Ensure final billing & documentation is completed and remaining grant money obtained.

James Whitmer motioned to hire Mike Carlson, seconded by Ray Roethle.

All in Favor
Motion Carried

BE IT RESOLVED,

To hire Mike Carlson to complete tasks.

The members discussed District I loan with Stockman Bank and read resolution compiled by Dale Hubber concerning contract, corrections were made to the resolution. James Whitmer motioned to accept the resolution for Stockman Bank loan, seconded Ray Roethle.

All in Favor
Motion Carried

BE IT RESOLVED,

To accept the resolution for Stockman Bank loan.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Project Board District I adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary Ray Roethle, President

March 10, 2010 Meeting Minutes

2010-04-27T11:36:00.000-07:00

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

The Eleventh 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 March, 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, Dale Hellman; Hellman Insurance, Dale Hubber; Attorney, Bryan Robson, Larry Hass, Don Rau, Larry Heimbuch, Bill Lingerfelt; Union Representative and Kay Braddock; Terry Tribune.

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 Lance Kalfell, to approve the minutes, from the February 10, 2010 meeting BOC. Ric Holden made a motion, seconded by James Whitmer to approve the minutes from the January 28, 2010 meeting BOC.
All in Favor
Motion Carried
Ray Roethle made a motion to approve the minutes (with corrections) from the February 18, 2010 District I meeting, seconded by James Whitmer.
All in favor
Motion Carried

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for March. 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. James Whitmer motioned, seconded by Ray Roethle. All in Favor. Expenditures were approved for District II. Barry Rakes motioned, seconded by Lance Kalfell. All in Favor. Ric Holden made a motion, seconded by James Whitmer to approve the Treasurer’s report.

Larry Heimbuch presented to the Board two handouts regarding the machine shop.
The first handout was a list of inventory from the machine shop and the building value. District I .585 x $132748.00=$77,657.58
District II .415 x $132748.00=$55090.42
Total $132,748.00
Dale Hubber will draw up paperwork for transfer of property.
James Whitmer made a motion for District I to offer their share of the machine shop to District II for the amount of $77,657.58, seconded by Ray Roethle.

All in Favor
Motion Carried

BE IT RESOLVED,

To allow District I to offer their share of the machine shop to District II for the amount of $77,657.58.

Lance Kalfell made a motion to purchase the machine shop for the amount of $77,657.58, seconded by Scott Sackman.

All in Favor
Motion Carried

BE IT RESOLVED,

To purchase from District I the machine shop for the amount of $77,657.58.

Don Buxbaum made a motion to appoint Larry Heimbuch to negotiate the split of the machine shop, seconded by Ray Roethle.

All in Favor
Motion Carried

BE IT RESOLVED,

To appoint Larry Heimbuch to negotiate with District II for splitting of the machine shop.

Lance Kalfell made a motion to appoint Rick Harding to negotiate the split of the machine shop, seconded by Scott Sackman.

All in Favor
Motion Carried

BE IT RESOLVED,

To appoint Rick Harding to negotiate with District I for splitting of the machine shop.

Larry Heimbuch presented to the Board a handout for the machinery split for District I and District II.
Dale Hubber will be drawing up a contract.

Lance Kalfell made a motion to accept the machinery split as drawn up on the list, seconded by Scott Sackman.
District II machinery:
JD 490 Excavator
Cat D 7 & Dozer
Towner Sloper
JD 510 Backhoe
78 White Semi Truck
90 Chevy Dump Truck (red)
Ferree Trailer
Kichner Ditcher Narrow Nose (bought by District II)
Barber Greene Trencher (bought by District II)
Semi flatbed Trailer
Hyster Forklift

All in Favor
Motion Carried

BE IT RESOLVED,

To accept machinery list split proposal.

Don Buxbaum made a motion to accept machinery split proposal, seconded by Ray Roethle.
District I machinery:
D6 Cat & Dozer
JD 690 Excavator
JD 120 Excavator
P & H Mobile Crane
Barber Greene Trencher (bought by District I)
772 JD Grader
Hyster Forklift
Volvo Tractor
Seim flatbed Trailer hd
79 Chevy C70 Bruin Dump Truck
Kichner Ditchner wide nose (bought by District I)
Allis Chambers Forklift

All in Favor
Motion Carried

BE IT RESOLVED,

To accept machinery list split proposal.

*The items that are listed on the machinery list will be disbursed after the split of District I and District II.

Dale Hellman presented to the Board paperwork for insurance coverage and extensively explained coverage. Dale explained to the Board how the current policy was renewed for the year.
Dale explained the package policy with MACO.
Will issue one policy insuring District I and District II.
Will issue two separate policies with State Fund, effective 7/1/2010 renewal.
Dale presented a handout for certificate of insurance from MACO/JPIA. In this handout it states that Buffalo Rapids Irrigation District is an eligible insured of the Association of Counties Joint Powers Insurance Authority Pool (MACo/JPIA) and as such is provided with the following insurance coverage:
General Liability Insurance
Auto Liability insurance
Crime/Bond coverage
Property Insurance
Weedspraying Liability
Excess Liability Insurance
Boiler & Machinery
These coverage’s are provided for the period 7/1/09-7/1/10. Dale explained Workman’s Comp policy, this policy is based on payroll and District I & District II. At this time it is not known how many employees will be with each District. Dale stated that Blanket Bonds are a financial guarantee. Dale stated that Commissioners Bond covers individuals except the member at large. Dale explained Notary Bonds and the fees and suggested keeping the service.

Ric Holden brought to the Board the report regarding for District I loan. Ric stated that Don Buxbaum and himself met with Ron Pisk from Stockman Bank. He stated that the bank would rather do is to loan money on the completion of lateral 2.9 and lateral 34.5. The bank would rather loan money on a particular project rather than management and operations. Ric stated that he presented to Ron the Mike Carlson report. Ric stated that the bank would offer an operating loan for $50,000 or $75,000 per six months and pay off the operating loan in July and the set up another operating loan and pay off in six months. Ric stated that he contacted the Bureau, DNRC and NRCS and did not find any loan programs. Ric stated that the bank will not have a loan (unsecured) for more than five years on a lateral project. Ric stated that Ron Pisk would present the loan request to the loan committee, which is to take the money that is requested and add the current operating loan and restructure the loan (combining current and new) and the interest rate would be 4.6% or less and the payments would come in semi or annually coming from the courthouse and going into the bank directly. Don Buxbaum stated that Ron Pisk needed to have a clarification of what exactly District I would need to borrow.

Larry Heimbuch stated that as of now the temporary bookkeeper is working with Pat and stated that she is driving the Buffalo car and is working for free. Ric Holden will be contacting Dale Hellman about the liability for other drivers that are not on the policy.

COMMITTEE REPORTS:
Union Negotiation Subcommittee:

James Whitmer reported that they met with the employees and the Union to draft the Memorandum of Understanding. James presented to the Board a copy of the MOU. In the Memorandum of Understanding it states that the two Districts are in the process of splitting as of now all current conditions and past practices of employment will remain unchanged until each District and the Unionhas negotiated a Collective bargaining Agreement that will cover each District independently. In the event that the split does not take place all conditions will apply between the International Operating Engineers local 400 and buffalo Rapids Board of Control. Lance Kallfel motioned for the Board of Control to accept the proposed memorandum of Understanding, seconded by Scott Sackman.

All in Favor
Motion carried

BE IT RESOLVED,

To accept the proposed Memorandum of Understanding between Buffalo Rapids Board Of Control and the Union.

Don Buxbaum representing District I motioned to accept the proposed memorandum of Understanding, seconded by James Whitmer.

All in Favor
Motion Carried

BE IT RESOLVED,

To accept the proposed Memorandum of Understanding between Buffalo Rapids District I and the Union.

Lance Kalfell representing District II motioned to accept the proposed memorandum of Understanding, seconded by Barry Rakes.

All in Favor
Motion Carried

BE IT RESOLVED,

To accept the proposed Memorandum of Understanding between Buffalo Rapids District II and the Union.

The Board discussed the names for the Districts. For District I Ray Roethle motioned to have the name as Buffalo Rapids Irrigation District No. 1, seconded by Don Buxbaum.

All in Favor
Motion Carried

BE IT RESOLVED,

To accept the name Buffalo Rapids Irrigation District No. 1 effective April 16, 2010.

For District II Scott Sackman motioned to have the name as Buffalo Rapids Irrigation District No. 2, seconded by Lance Kalfell.

BE IT RESOLVED,

To accept the name Buffalo Rapids Irrigation District No. 2 effective April 16, 2010.

NEW BUSINESS:

Ric Holden presented to the Board a EQIP salary history (2000-2009). Larry Heimbuch questioned whether the labor and wages were allocated correctly through management. Pat Davis explained how EQIP salary was paid. Ric Holden stated that District I has paid more in salaries than District II. The Board discussed whether the miles of pipe put in each District does truly reflect the salary allocated.

Ric Holden and Larry Heimbuch presented to the board a handout for Revenue from 1999 through 2009 for machine shop, equipment rental and outside work. The Board discussed in depth the discrepancies with the split of income for those particular revenues.

Ric Holden discussed with the Board regarding Comp time liability. Ric stated that he felt that District I should not be liable for 58.5% of the liabilities when they did not receive all the Revenues. The members felt that it is going to be a difficult time for each District.

Next regular scheduled meeting will be held on April14, 2010.

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

March 05, 2010 Meeting MInutes

2010-04-27T11:34:00.000-07:00

MINUTES
of the
MEETING
of the
BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
March 5, 2010

The Third Meeting between the Buffalo Rapids Union Negotiating Sub Committee, State Labor Mediator, and Union Representatives, at Terry, Prairie County, Montana, was held on the Fifth day of February, 2010, at 1:00p.m.

There were present and participating at the meeting:

Rick Harding
Barry Rakes
James Whitmer
Ric Holden
Doug Buxbaum

Also present and participating were: Ron Stormer; State Labor Mediator, Al Ekblad; Union Representative, Bill Lingerfelt; Union Representative, Employees for Buffalo Rapids: Pat Davis, Allen Gierke, Bill Tusler, Tim Kortum.

Chairman of the Union Negotiating Sub Committee, James Whitmer called the meeting to order, stating that there is no old business to discuss.

Thereupon, Chairman, James Whitmer announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

Minutes from the February 3rd, 2010 were read and stand as approved. Rick Harding motioned seconded by Ric Holden to approve the minutes.

All in Favor
Motion Carried

Minutes from the February 9th, 2010 were read and stand as approved. Ric Holden motioned seconded by Barry Rakes to approve the minutes.

All in Favor
Motion Carried

NEW BUSINESS:

The third meeting between the Buffalo Rapids Union Sub Committee and the Union Representatives along with four Buffalo Rapids employees was held. Ron Stormer reviewed the interests between the Committee members and the Union Representatives. Members discussed the split; on April 16th the fact is there will be District I and District II, as of April 15, 2010 the Board of Control will not exist. Al Ekblad stated that if the employees are not working or lapses on the 16th the Districts are liable to pay out all the accrued benefits to those employees who are not working according to the unemployment insurance law. Ron Stormer stated that the employees want an agreement that says we will work together through the transition and after the split the employees will negotiate with each District separately. A Memorandum of Understanding was completed by the members and by the Union Representatives.

Ron Stormer stated that he will be available to be a mediator or as a facilitator for the next negotiations.
Bill Lingerfelt stated that the most important thing is who will work for what District and health care as a group will get a better price rather than two groups.
The members discussed comp time and how it will pass to each District.

Meeting adjourned.

There being no further business to be considered, and no objection, the said meeting of the Union Negotiating Sub committee of the Buffalo Rapids Project adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee

February 18, 2010 District I Meeting Minutes

2010-03-17T07:43:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS DISTRICT I
Glendive MT

February 18, 2010
A Special Meeting of the Members of the Buffalo Rapids Project Board for District I was held on the eighteenth day of February 2010 at 7:00 pm in the Courtroom of the Dawson County Court House.

There were present and participating at the meeting:
Commissioner Don Buxbaum
Commissioner Ray Roethle
Commissioner James Whitmer
Member at large Rick Holden

Also present were Mike Carlson, Renee Mueller. Producers present at the meeting were asked to sign in. The two sign in sheets are submitted and made a part of these minutes as Attachment I; pages 1 and 2.

The meeting was called to order by Chairman Don Buxbaum. The purpose of the meeting was to inform the producers in District I of the progress they have made with District II and the possibility of the two districts splitting up

Don reviewed a letter from District II to District I expressing District II‘s intent to split with District I. This was the official letter from District II. The letter is the first step necessary for the split to take place. District I Commissioners have accepted the letter of intent. Don reported that the Board had made the decision to hire Mike Carlson to review District I pipeline projects along with Grants and EQIP funding status. He was also asked to put together an inventory of property to assist the split up the assets of the two districts.

Mike Carlson gave a presentation intended to update producers on the current status of District I Projects. The status of those projects was presented in a handout titled District I Projects. This hand out is submitted and made a part of the minutes as Attachment II pages 1,2,3,4. Mike went into some further detail on Lateral 34.5 Pipeline in District I.
This project being more complicated due to the need to cross under the Highway Interstate 94. through a trailer court under highway 16 under BNSF railroad tracks and is adjacent to many small subdivisions. The question was presented by a member of the crowd as to how this project became a priority. Larry Heimbuch stated that past practice was to have the Board review and approve all pipeline projects. Going back through previous minutes Larry found that this practice was dropped sometime between 2005 and 2006. Larry feels that the Board really didn’t know that this project was going on. Mike, addressing the reasoning for the project surmised that the fact was that of the ditches in question, 34-5 was all clay, at the beginning, further down the line all gravel and near Albertsons, all sand. So the reasoning was most likely due to the condition and the material content of the ditch in question. However, he stated that “we still need to be able to fund these projects.” “The more of these pipelines we can fund the more we can save on maintenance in the future.”

Larry Hass posed the question; Who is liable for the condition of the culverts under the highway etc. Don Buxbaum stated that the highway department is liable and that there were at least 3 culverts in very bad condition. Larry Hass felt that this should be confirmed for sure with the State. Don Buxbaum asked Larry Hass to check with the State Highway Dept to make sure that they are liable. He asked that we stay on track and gave the floor back to Mike Carlson.

Mike Carlson continued on in regard to the amount of paperwork BRID I and II will have to get done on all the projects that we have received grants on in the past. There did not seem to be a lot of record keeping going on in regard to the amount of labor being provided by BRIP. Mike stated that a revision in the plans on L 34-5 has been submitted. The plan is to stop this project for this year once the pipe is under the highway and railroad tracks and back into the ditch. It was stated that they are ready to move forward on this project weather permitting.

The Chair recognized Donnie Rau, who asked: Why were Lateral 2.9 and 7.6 combined into one grant. Mike stated that he was unable to find out the reasoning behind this move. This concluded Mike Carlson’s presentation.

Commissioner Ray Roethle gave an overview of Administrative and Management Changes for Districts I and II as well as the findings of the Fiscal Audit for 9/25/09.
The changes made were made effective immediately. The list of changes are submitted as part of these minutes as Attachment III. A few items were discussed at length. Item 1 The loan was suppose to be paid on as pipelines were put in and we got the EQIP money in. This didn’t happen, the loan was rolled over several times and only interest was being paid. The board made the decision to make a $31,193.88 payment on the loan to stay in the good graces of the Bank. We will have to borrow money to finish up our current pipeline projects as the grants and EQIP money will not cover all of the expenses. If we don’t finish them we would be required to return the $90,000.00 received on Lateral 34.5 pipeline project. The project and paper work need to be completed before we can receive the balance of the grant. Item 12. Don Baxbaum corrected the amount on the list from $5,000 savings to $6,000.00 saving. It was felt the services being provided by the GPS Company wasn’t worth the money that was spent. We were not receiving anything of substance for the money paid out. Item14. The issue of cell phones provided to BR employees’ wives will have to be addressed during union contract negotiations. To change it now may violate past labor practices, which could land us in a lawsuit brought on by the Union. Don Buxbaum stated that the board is working on an Employee Policy Book and By Laws for future guidelines.

The chair called upon Larry Heimbuch to give a report on the status of the EQIPment owned by both districts. A list was compiled and split. The committee for this task was:

DISTRICT I DISTRICT II
Bryan Robson Rick Harding
Donnie Rau Scott Sackman
Vic Dienes Ray Strasheim
Larry Heimbuch

This list has not been approved by both boards yet. Don Buxbaum and Barry Rakes will sort out the pickups. Machinery List showing the split of EQIPment submitted as part of these minutes as Attachment IV. Larry stated that both districts are going to work on projects that are in progress together and try to get them completed before we actually split up the employees between districts. This is an agreement that they are still working out the details on.

Regarding the Machine Shop, an agreement was reached on the value of the building, EQIPment bronze and other machine shop inventory (excluding the Stainless Steel Pump shafting). The value is $132,748.00. 58.5% of that is $77,657.00 which is the amount District II will owe District I. for their percentage of the Building transaction.

A tentative agreement was reached because District I owes District II for the pipe on the Brian Whittmayer pipeline project. The idea is to do a swap for the amounts we owe each other. When the EQIP money is received for the Whitmer pipeline project, it will be turned over to District 1. In turn District 1 will turn over their 58.5 percent share of the building EQIPment and stated inventory to District II. (Example) Out of the approximate $174,000.00 expected funds from EQIP, District I would have had to pay approximately $72.210.00 back to Dist II for the pipe loan. Instead of us paying them back for the loan and them paying us for the building they will turn over the EQIP funds to District I. Then District II will only have to come up with the difference between their share of the EQIP money, (approx $72,210.00) and the $77,625.00 they will owe us for our share of the building. A list of inventory included in this transaction is submitted as part of the minutes as Attachment V. A second part of the agreement is that District I and II will work together to complete this project as soon as possible. EQIP funds will be received after the project is complete. Also there is a mutual agreement that District I will bring work to the machine shop and District II will in turn do the work for us. Emergencies will be handled as emergencies.

As for the aforementioned Stainless steel pump shafting. It was agreed that both districts will own this property together. When it is sold the profits will be split as in the past 58.5% to District I and 41.5% to District II. The shafting will be stored in the machine shop with District II inventory until such time that it is sold. There is no agreement as to a charge to District I to store the pump shafting in the District II building.

The above proposal is pending the approval of both boards.

It was discovered that the office building is also owned by both District I - 58.5% and District II - 41.5%. There was no decision as to how this would be handled yet in the split. They may buy us out or possibly sell the building. This will be taken up at the next joint meeting along with the issue of other buildings EQIPment tools and pipeline inventory.

Union Negotiation Committee: Presentation by James Whitmer, Chairman

COMMITTEE MEMBERS

DISTRICT I DISTRICT II
Doug Buxbaum Barry Racks
Rick Holden Rick Harding
James Whitmer

In December this committee got together with the Union Reps in hopes of seeing a union contract. In stead the Union Rep requested that we go into a process called I.B.B. (Interest Based Bargaining) This is suppose to be a less confrontational type of bargaining. Because we are a public entity we can use a state mediator at no cost to us. So, the committee met with the mediator and it sounded like this may be a worth while way to go. In February we meet twice with the Union. This first meeting was a process of learning how to use IBB as well as getting some of the issues out on the table. This meeting did not go to well. The Union Rep was throwing out a lot of demands. This is not how the IBB process works. The mediator stepped in and he basically said we are going to have to play nice. So during the second meeting we tried to work things out. It just became clear to everyone that this was not going to work. Knowing that in a short amount of time we will be splitting apart. The District I negotiating members felt that there were going to be a lot of differences in the way District I will operate as opposed to the way District I and District II have been operated in the past. At this time what we were suppose to do was negotiate a contract for Buffalo Rapids District I and II. It would then spill over and be good for both districts after the split. We felt this was impossible and our mediator was astute enough to recognize this. So he separated the negotiation committee from labor and their union rep and posed the suggestion that we draft a Memorandum of Understanding that takes us to the time of the split. At that time each district would negotiate a separate contract. We felt that sounded good. This is where we are in the negotiation process.

FINANCIALS
Rick Holden reviewed the 2010 budget. The proposed budget and Cash Budget Balance Sheet for District I are submitted as part of these minutes as Attachments VI pages 1,2 and Attachment VII page 1.

This budget was built on the premise that we would have the same amount of employees for the first 6 months of the year. The second half of the year, we are calculating keeping 4 full time employees. This budget reflects a reduction in the area of the shop as that will all be handled by District II after the split. This budget could change if we don’t have money for four employees we won’t hire four employees. Under Administration we are fortunate enough to have two volunteers to take over as joint managers possibly till the fall of 2010. Those volunteers are Larry Hiembuch and Don Buxbaum. They are volunteering to do this for no pay; however, they do ask that we pay Workers Compensation and supply gas, mileage or a pickup to drive. We are expecting to have to hire an attorney to deal with union contract and to deal with the grants, so that is an extra cost to District I.

We have an emergency situation on the Rod Ashe place. The canal is leaking; it is at the top of a hill and is made up of gravel. It is almost to the point it could wash the whole canal out. If it washes out it would be all but impossible to get up there and fix. This needs to be repaired. We are estimating that we are losing approximately 4 acre feet. Rick asked for volunteers to help repair this problem. Larry Heimbuch has checked into a quick and temporary fix by using a clay, dirt and betonite mixture. This project is to be tackled as soon as possible. We will have to try to get a grant to do a permanent repair job. A question was posed as to why we don’t use the liner we already have and it was stated that when tried in the past it was a failure. To sum up Rick told the producers that the budget shows that we need a lot more money then we have.

DEBT SUMMARY is submitted as part of these minutes as Attachment VIII. The summary reflects the fact that District I is going to have to borrow some money from the bank and hopefully the bank will agree to this. The bank would like for us to have the payment made directly to them from the Treasurers office before they distribute our share of the tax revenues. The board believes this would work out for us. We are still awaiting an answer from the bank as to approval of the loan request. A question from the floor by Sandy Helmuth was if anyone had looked into getting another revenue bond or adding to the one we have for the new pumps. It was suggested that we could use the funds for construction expenses and spread those payments out over a longer amount of time. This could leave us more money in the budget for operational expenses. Larry Heimbuch stated that he believes it would take some time to get this done but that it was worth looking into. All the board members recognized this as a good idea and will look into that as a possibility. However, the debt we owe now needs to be taken care of so that we can complete the projects already started. Rick told the producers that the board is proposing an increase in the taxes for no less than $4.00 an acre at this time. This informational meeting was being held to inform producers what we are up against if we are to save this District.

Don Buxbaum handed out a list of committees and the appointees to each of those committees. He also handed out a sign up sheet to be turned back into him with those names of individuals interested in volunteering there time in this effort. Appointed and filled Positions too date list is submitted as part of these minutes as Attachment IX and a list of Open positions is submitted to the minutes as Attachment X.

PUBLIC COMMENT:
There was a lengthy discussion on the amount of comp time that has been accumulated. We will have to address this in our policies manual and it will also have to be negotiated with the Union. We cannot change any of our labor practices until the negotiations take place for our district.

A discussion regarding taxes going back down after debt is paid off. There was also some discussion on adding a sunset clause to the tax assessments. Rick Holden stated that is not necessary because the board has to reassess the budget every year and if the funds are not necessary they would automatically lower the taxes. He stated that none of the Board members from District I would be opposed to lowering taxes if possible.

Another question posed from the floor was if we could use contract labor to finish some of the projects that are already started. The board is looking into this too. Some projects have already utilized contract labor. Delmar Goosen was wondering about getting the L34-5 project completed. Mike Carlson feels the project is very close to being done. Jim Trangmoe asked if it wouldn’t take a while to get the tax money if we raised taxes now. Don Buxbaum said you can only raise the taxes in May. Rick Holden stated that we could get half of those the following November. Sandy Helmuth suggested again suggested that a Revenue Bond would really help out with the construction expenses.

All of the above will be considered and decisions made at the next regular meeting in March. No specific date was given.

There being no further business to consider and no objection the said meeting of the commissioners of the Buffalo Rapids Board for District I was adjourned at 10:15 PM

ATTESTED:

______________________________ _________________________________
Pat Davis, Assistant Secretary Don Buxbaum, Chairman

February 10, 2010 Meeting Minutes

2010-03-17T07:41:00.001-07:00

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

January 28, 2010 Meeting Minutes

2010-03-17T07:40:00.001-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
January 28, 2010

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 January, 2010, at 7:00 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, Heather Carter, Don Rau, 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.

OLD BUSINESS:

Pat Davis stated that Paul Strom and Associates will be able to help Buffalo Rapids with the split after April 15th, 2010. Discussion between the members on a few items that would need to change when or before the split takes place.

The Board members discussed possible maintenance for the equipment before the split or leave as is and let each District work on the equipment that is acquired after the split. A brief discussion of the asset separation meeting that was between District I and District II which was held earlier today.

NEW BUSINESS:

Budget Review District I
After reviewing the budget Pat brought to the Board’s attention that the reserve accounts totals were not taken out as an expense to the Project. Pat Davis will build a spreadsheet to the budget adding separate account for reserves to truly reflect the net income for each District.

Ric Holden reviewed the Budget with the Board members. Assumptions were split for the 1st six months and 2nd six months.
Employee’s hourly- 1st six months the figures were based on around 12 employees. The 2nd six months the figures were based on four employees.
Administration- figures reflect hiring of a part time secretary with benefits, no manager for the summer.
Machine shop- It is under the assumption that District II wanted to maintain the machine shop. The figures reflect that for the 2nd half of the year but would pay 1st six months. It was mentioned that as of now no extra income is being generated from the machine shop.

Ric Holden passed a handout for the Machine Shop (operating, wages and benefits). The Board members were in discussion of where District I’s standpoint is regarding wages being paid from District I budget when District II is having work being done in the machine shop. It was addressed that in the past District I had work being done in the shop and District II didn’t but wages were still was taken out of District II’s budget. The idea of having the machine shop be removed from Board of Control sooner than later was brought to the table. Ric Holden stated that if no custom work is being done in the machine shop and only work being done for District II should the interim managers have employees start taking comp time.

District I will be reimbursed from District II for pipe on Lateral 2.9 Grant around the sum of $10,000.00. The amount should have been billed to EQIP. Pat was unaware that the Grant for Lateral 2.9 was for installation only. The members discussed Lateral 34.5 Grant and Lateral 2.9 & 7.6 Grant.

After discussion regarding three employees working in the machine shop the interim managers will talk with the employees about taking comp time depending on the work load at the shop.

Rent- Money was allocated for a building to rent after the split. Barry Rakes suggested using the building in the yard for the first year. Larry Heimbuch stated that Bureau of Reclamation owns the buildings and it would need to be looked into if that was allowed. Pat Davis suggested the secretary for District I use the Terry office.
Professional service- Figure was changed to $15,400. Ric Holden stated that the Department of Administration is a free service and District I may use when the split takes place. Lance Kalfell suggested that the Board of Control should use this service to prepare information for Strom and Associates.
Pumps- The members discussed workers helping District I finish Lateral 34.5 pipeline Grant project.
Pat Davis stressed to District I to talk to NRCS for help in billing EQIP.

Budget Review District II
Lance Kalfell reviewed the budget with the Board members. He stated that the District had two different figures for the budget taking into consideration of the unknown facts and figures. The budget was set to possibly have five or six employees. The administration figure did not allocate a set fee because of the unknown as well as the figure for the salaries. A discussion was on the figure for the canal automation.

Ric Holden passed a second handout. (Cash balance sheet for District I and District II) Due to the amount that needs to be reimbursed to District I the figures are not correct at this time. The members discussed ways money can be generated. Also discussion on vacation and comp time debt, how that would be split and how it would be paid to the employees. The Union needs to be notified of the budget for the Board of Control for the February 3rd Union negotiating meeting. James Whitmer will meet with Bill Fleckenstein to get an overview of the pipe. The Board did not finalize the budgets during this meeting. Pat Davis stated that District I needs to have reserves built back up according to the Bureau of Reclamation. James Whitmer is volunteering to put a proposal together on how much District I needs to borrow money, Ric Holden will also help.
James Whitmer will talk to the Bureau of Reclamation to find out how much reserves need to be in District I.

Authorized Signor for DII Grants:
On a motion made by Scott Sackman and seconded by Lance Kalfell it was resolved to authorize Barry Rakes to be an authorized signor for all Grant and managerial filings for District II.

All in Favor
Motion Carried

Press Release
Lance Kalfell brought to the Board that if a press release is done the whole Board needs to approve before information is released to the press. The current press release was approved by Ray Roethle and distributed by Ric Holden. James Whitmer stated that from this point a press release should be approved through the whole Board. Ric Holden stated that good information should get to the public and that is why the press release was done. The press release was modified and will be re-released.

Don Buxbaum motioned to adjourn the meeting. Barry Rakes seconded.
All in Favor
Motion carried
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

January 19, 2010 District II Meeting Minutes

2010-03-17T07:39:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
DISTRICT II
Terry, Montana
January 19, 2010

The Special Meeting of the members of the Buffalo Rapids Project, District II at Terry, Prairie County, Montana, was held on the nineteenth day of January, 2010 at 1:00 p.m.

There were present and participating at the meeting:

Scott Sackman
Barry Rakes
Lance Kalfell

Also present and participating were, Pat Davis, Assistant Secretary, Rick Harding, Ray Strasheim.

President Barry Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

District II received a letter from District I informing the Board of the new Sub committees that will be formed for District I as a result of the splitting of the Board of Control.

The Board reviewed the 2010 proposed Budget for District II. The members reviewed income and expenses. A brief overview of the assets was reviewed. The members were also in discussion of retail items for sale. Splitting of the assets, property and budget was also discussed. The members felt that when it is time to meet with District I over dissolving of Board of Control it should be in a fair friendly and timely manner.

The members reviewed District I sub committees. The Board was in discussion on what advisory need to be formed for District II.

Ray Strasheim has agreed to become interim manager for District II as of January 19, 2010. Lance Kalfell made a motion to accept Ray Strasheim as interim manager position. Scott Sackman seconded.

All in Favor
Motion carried

Lance Kalfell made a motion to have Ray Strasheim, Scott Sackman and Rick Harding serve on the Advisory Board to meet with District I (District Seperation Committee) over asset split. Scott Sackman seconded.

All in Favor
Motion carried

Lance Kalfell stated that James Whitmer would like a memorandum of understanding from District II.

Lance Kalfell stated that the Chairman would need to let District I know that District II would like to be working toward the separation in the next 90 days. Barry Rakes will contact Don Buxbaum.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Project Board District II adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary Barry Rakes, President

January 04, 2010 District II Meeting Minutes

2010-03-17T07:37:00.000-07:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
DISTRICT II
Terry, Montana
January 4, 2010

The Special Meeting of the members of the Buffalo Rapids Project, District II at Terry, Prairie County, Montana, was held on the fourth day of January, 2010 at 2:00 p.m.

There were present and participating at the meeting:

Scott Sackman
Barry Rakes
Lance Kalfell

Also present and participating were, Pat Davis, Assistant Secretary, Jim Finneman Kay Braddock; Terry Tribune.

President Barry Rakes 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 Rakes 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 Barry Rakes accepted Jim Finneman’s resignation as District II Commissioner and will be replaced by Lance Kalfell as District II Commissioner, Division Shirley. Scott Sackman seconded.

All in Favor.
Motion carried.

Lance Kalfell asked about and accountant being needed if there were to be a split. Pat Davis stated that she would like an accountant or Quick books expert to split the accounting program.

District II producer vote results: forty (40) (YES) for the split of District I and II and Four (4) (NO) against the spilt of District I and II. These are non binding votes. About 70 ballots were sent to producers and 44 were sent back for voting purposes.

Lance Kalfell stated that there are three options and possibly more.
1. Split- More efficient
2. Stay together- would be problem with differences between I and II
3. Split later- can work on differences between I and II

Barry Rakes stated that if there is a split later it would be tough to hire a project manager. There is a three month letter. Barry also stated that he would like to know more on how District I feels regarding the split.

Scott Sackman stated that once there is a split there is still an option later on to rejoin.
The board was in discussion regarding the split. Lance Kalfell asked if there is a preliminary budget. Barry Rakes stated yes but the figures could change. Discussion was about burning of the canal and possibly having farmer’s burn drain ditches with a Buffalo Rapid employee on hand. There was also discussion concerning liability insurance issues.

Lance Kalfell expressed his concern regarding hiring a manager. Lance Kalfell stated that an option would be to hire a manager with other job duties. A concern for the District is grant writing. Discussion between the board members regarding the Union and employees.

Lance Kalfell stated that he would like to wait until after the regular Board of Control meeting to make a decision. Barry Rakes stated he would like to wait until after the Board meeting to make a decision. Barry read from the bylaws regarding dissolving of the Board of Control.

Barry Rakes expressed his concern for District II producers. The members would like to know what District I wanted to do.

Lance Kalfell and Barry Rakes discussed having a grant writer, fish screens being completed, and if staying together or splitting how much work it is going to take and how much it is going to cost. Barry Rakes stated that District II owns the office building.

Members discussed giving decision to District I during or after January 13th Board meeting, also discussed to stay progressive to keep water going. Lance Kalfell stated that having a manger is a must.

The members discussed that if District I agrees with District II on what will be happening in the future, it should be in writing. The members stated if there is a split it is not or ever will be to hurt the employees. Lance Kalfell stated that each member should write down questions what District II would like from District I. The January 13th meeting District II will vote on how to proceed regarding splitting of Districts.

Barry Rakes explained the 3.2 grant and the forms he had signed concerning the final payment paid to Buffalo Rapids for completion of the pipeline and will be receiving the final payment of $10,000.00.

Scott Sackman made a motion to adjourn, Lance Kalfell 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 District II adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary Barry Rakes, President

February 09, 2010 Sub Committee Meeting Minutes

2010-03-09T08:14:00.000-08:00

MINUTES
of the
MEETING
of the
BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
February 9, 2010

The Second Meeting between the Buffalo Rapids Union Negotiating Sub Committee, State Labor Mediator, and Union Representatives, at Terry, Prairie County, Montana, was held on the Ninth day of February, 2010, at 1:00p.m.

There were present and participating at the meeting:

Rick Harding
Barry Rakes
James Whitmer
Ric Holden

Also present and participating were: Ron Stormer; State Labor Mediator, Al Ekblad; Union Representative, Bill Lingerfelt; Union Representative, Employees for Buffalo Rapids: Pat Davis, Allen Gierke. Not present Doug Buxbaum.

Chairman of the Union Negotiating Sub Committee, James Whitmer called the meeting to order, stating that there is no old business to discuss.

Thereupon, Chairman, James Whitmer announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

Minutes from the January 15th, 2010 were read and stand as approved. Barry Rakes motioned seconded by Rick Harding to approve the minutes.

All in Favor
Motion Carried

NEW BUSINESS:

The second meeting between the Buffalo Rapids Union Sub Committee and the Union Representatives along with two Buffalo Rapids employees was held. Ron Stormer stated that Interest based bargaining may not work possibly traditional bargaining needs to be done. Ron Stormer requested the group to discuss what expectations each has.

The members were in discussion on job sharing with the employees and how the employees would be split. Ron Stormer stated there are many different contracts. He also brought to the table District I and District II possibly stay together and not split. Ron stated that a memorandum of understanding may need to be done. The group was in discussion again if the districts would be able to stay together.

Ron Stormer stated that after hearing the discussion between the two Districts a memorandum of understanding may need to be done until there is a split. Ric Holden stated that District I is in financial trouble and District II will soon be in financial trouble.

The Union members and the Board members went into caucus.

Meeting adjourned.

The next scheduled meeting will be February 22nd, 2010 at 1:00 p.m.

There being no further business to be considered, and no objection, the said meeting of the Union Negotiating Sub committee of the Buffalo Rapids Project adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee

February 03, 2010 Sub Committe Meeting Minutes

2010-03-09T08:10:00.000-08:00

MINUTES
of the
MEETING
of the
BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
February 3, 2010

The First Meeting between the Buffalo Rapids Union Negotiating Sub Committee, State Labor Mediator, and Union Representatives, at Terry, Prairie County, Montana, was held on the Third day of February, 2010, at 1:00p.m.

There were present and participating at the meeting:

Rick Harding
Barry Rakes
James Whitmer
Ric Holden

Also present and participating were: Ron Stormer; State Labor Mediator, Al Ekblad; Union Representative, Bill Lingerfelt; Union Representative, Employees for Buffalo Rapids: Pat Davis, Bill Fleckenstein, Allen Gierke, Kay Braddock; Terry Tribune. Not present Doug Buxbaum.

Chairman of the Union Negotiating Sub Committee, James Whitmer called the meeting to order, stating that there is no old business to discuss.

Thereupon, Chairman, James Whitmer announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

NEW BUSINESS:

The first meeting between the Buffalo Rapids Union Sub Committee and the Union Representatives along with three Buffalo Rapids employees were held. Ron Stormer provided a power point teaching Interest Based Bargaining. As a group Ron Stormer conducted many exercises that were designed to help Buffalo Rapids Board and the employees work together to understand interest based bargaining. Ron Stormer also explained ways to bargain and communicating. Ron Stormer presented an outline for ground rules.

1. Check in
2. Cell phones off/vibrate
3. No texting
4. Breaks as needed
5. Stick to realistic time frames
6. Be respectful
7. Caucus as needed

The group discussed the importance of understanding Interest based bargaining and understanding the term tentative agreement and may be possible to go through definitions for wording before negotiating begins.

Ric Holden brought to the table a worksheet of the finances of both Districts to inform the Union of the financial situation they are currently experiencing. Bill Lingerfelt stated that the financials of the business are usually brought into the negotiations later in the process.

Ron Stormer mediated while the committee and the union reviewed many articles from a contract that were less complicated issues to help them begin working into the contract slowly. The group discussed non-discrimination and how the job description wording would be put into the contract. Ron Stormer explained labor contract and labor management. The group also went through examples of Boiler plate articles from a union contract.

The next scheduled meeting will be February Ninth, 2010 at 1:00 p.m.

There being no further business to be considered, and no objection, the said meeting of the Union Negotiating Sub committee of the Buffalo Rapids Project adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee

January 18, 2010 Meeting Minutes

2010-02-12T08:17:00.000-08:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
DISTRICT I
Terry, Montana
January 18, 2010

The Special Meeting of the members of the Buffalo Rapids Project, District I at Terry, Prairie County, Montana, was held on the eighteenth day of January, 2010 at 1:00 p.m.

There were present and participating at the meeting:

Donald Buxbaum
James Whitmer
Ray Roethle
Ric Holden

Also present and participating were, Pat Davis, Assistant Secretary, Don Rau, Larry Heimbuch, Brad Sharbono and Brian Robson.

President Don Buxbaum 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 Buxbaum 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 presented a copy of a letter that will be given to District II. In this letter it states that District I recognizes the request from District II wanting the split from Board of Control. District I will be working to form sub committees to help work through the split in a timely manner. Ray Roethle motioned to accept this letter and send to District II. James Whitmer seconded.

All in Favor
Motion carried

Ric Holden presented the Board with a copy of a tentative District I subcommittees. The members decided it would be important to have a District I producer meeting. In discussion it was decided to hold off on forming subcommittees until after the producer meeting. Larry Heimbuch recommended appointing Separation committee now. Don Buxbaum appointed the individuals listed on the separation committee. Ray Roethle motioned to form District Separation committee consisting of Larry Heimbuch, Don Rau, Brian Robson and Victor Deines possibly may have one alternate. Motion was seconded by James Whitmer.

All in Favor
Motion carried

The Board reviewed the 2010 proposed Budget for District I. The members reviewed income and expenses. A brief overview of the assets was reviewed. The members were also in discussion of retail items for sale. Splitting of the assets, property and budget was also discussed.

There being no further business to be considered, and no objection, the said meeting of the Commissioners of the Buffalo Rapids Project Board District I adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary Ray Roethle, President

January 13, 2010 Meeting Minutes

2010-02-12T08:16:00.000-08:00

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

January 15, 2010 Sub Committee Meeting Minutes

2010-02-09T16:09:00.000-08:00

MINUTES
of the
MEETING
of the
BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
January 15, 2010

The First Meeting between the Buffalo Rapids Union Negotiating Sub Committee and the Labor Mediator, at Terry, Prairie County, Montana, was held on the Fifteenth day of January, 2010, at 10:30 a.m.
There were present and participating at the meeting:

Rick Harding
Barry Rakes
James Whitmer
Ric Holden

Also present and participating were: Ron Stormer; Labor Mediator, Pat Davis, Assistant Secretary. Not present Doug Buxbaum.

Chairman of the Union Negotiating Sub Committee, James Whitmer called the meeting to order, stating that there is no old business to discuss.

Thereupon, Chairman, James Whitmer announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

Minutes from the December 10th, 2009 were read and stand as approved. Motion by Ric Holden and seconded by Rick Harding.

All in Favor
Motion carried

Minutes from the December 16th, 2009 were read and stand as approved. Motion by Ric Holden and seconded by Rick Harding.

All in Favor
Motion carried

NEW BUSINESS:

The meeting began with Ron Stormer explaining different types of collective bargaining. Traditional bargaining is both parties have proposals and exchange proposals and work together to come to a settlement. Ron Stormer explained his work background. Ron explains intra space bargaining which is more collaborative, more of a controlled process; everybody is in the same room and based on total trust and transparency. Ron also mentioned that traditional bargaining that is a facilitative process can be used and is more cumbersome and a mediator will probably be called in. Intra space bargaining can be facilitated. Intra space bargaining is more about getting the interest and creating a dialogue. Barry Rakes posed a question to Ron Stormer regarding intra space bargaining. Barry clarified that at the beginning of negotiations proposals are not binding and Ron stated that is correct and there are no tentative agreements and when finished it needs to codified. Ric Holden posed a question on who will be talking when meeting with the Union. Ron stated that he will be the facilitator. Ron Stormer explains the scenario beginning with ideas and going into standards then ending with options and states that everybody can talk and a spokesman is not needed. Ron states that the job of the facilitator is to keep the dialogue in a controlled fashion: what are the issues, what are the parties interests surrounding that issue, and what are the options, and how to reduce the options down to a manageable number. Ron Stormer stated that a Union contract will take away certain management rights and puts them into procedures that management has to follow. He also stated that the Board is not obligated to concede anything; no rights have to be given up. Ron Stormer stated that during negotiating if there was an unfair practice with the bargaining that he would step in. He also believes that lawyers do not need to be involved and but may need to have a lawyer at a later date.

James Whitmer posed the question how the Board of Control negotiates a contract not knowing when the split is going to happen. Ron Stormer stated that question should be recognized by a lawyer. Ron stated that a clear recognition of the unit that transferred to one or the other or both of those districts after the split the recognition that was granted to the Union would carry over to either or both of those districts. Ron explains the Union has a presumption under law of a majority status at all times.

Members had several concerns about keeping employees and being bound to union contract.

Ron Stormer gave ideas on what to say when negotiating with the Union. Ric Holden stated that the Board of Control voted to accept the Union and now the Board of Control is dissolved and now there will be two separate entities. Ron Stormer stated that if a charge is filed than both entities will have to appear in Helena. Ric Holden mentioned having two separate entities negotiating. Ron stated that is a possibility.

Ron Stormer suggested of him talking with Al Ekblad on the behalf of Buffalo Rapids negotiating with the employees not having the Union representatives present but having himself present.

Ric Holden asked Ron Stormer if there is another way of doing this possibly writing a collective agreement that dissolves when the Board of Control dissolves into two districts and at that point those employees can reorganize. Ron Stormer states that it can be put in the contract but that the employees would be still Union members.

James Whitmer stated that Board of Control is still in control and have the bylaw of good faith effort to put forth on negotiation. Ron Stormer stated that a basic agreement between the parties when negotiating until the date of the Board dissolving. Ron stated that contracts are a minimum of one year. Ron stated that the contract may be null and void when the Board is dissolved and this should be looked into legally.

Ron Stormer will contact Al Ekblad regarding that the Board does not want to hire a lawyer for negotiating and he will let the Board know if there is something unfair. Ron will also ask if the Board can look at a contract. Ron will email James Whitmer with the response from Al Ekblad.

James Whitmer posed the question on legal council. Rick Harding stated that legal is needed but not sure if it is needed between districts or under one Board. Ric Holden and James Whitmer had thoughts regarding when legal would be needed, possibly starting under Board of Control. The members were in discussion on where to start for negotiating and the problems that come from dissolving the Board of Control.

James Whitmer will be contacting Al Ekblad regarding when it will be possible to meet for negotiations. James will be informing Al about the Board of Control splitting and upcoming budget meetings. Members were in discussion when an attorney should be hired to help with negotiating.

Barry Rakes motioned to end meeting. Rick Harding seconded. All in favor.

Meeting adjourned.

There being no further business to be considered, and no objection, the said meeting of the Union Negotiating Sub committee of the Buffalo Rapids Project adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee

December 16, 2010 Sub Committee Meeting Minutes

2010-01-15T13:22:00.000-08:00

MINUTES
of the
MEETING
of the
BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE
Terry, Montana
December16, 2009

The Second Meeting between the Buffalo Rapids Union Negotiating Sub Committee and the Union Representatives, at Terry, Prairie County, Montana, was held on the Sixteen day of December, 2009, at 7:00 p.m.
There were present and participating at the meeting:

Doug Buxbaum
Rick Harding
Barry Rakes
James Whitmer
Ric Holden

Also present and participating were: Bill Lingerfelt, International Representative Western Region, Al Ekblad, International Union of Operating Engineers, Pat Davis, Assistant Secretary, Heather Carter, Allen Gierke, Tanner Schillinger, and Tim Kortum.

Chairman of the Union Negotiating Sub Committee, James Whitmer called the meeting to order, stating that there is no old business to discuss.

Thereupon, Chairman, James Whitmer announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

NEW BUSINESS:

James Whitmer requested the Union representatives explain there backgrounds and what the Local 400 is about and their role that will be filled through this process.
Bill Lingerfelt introduces himself, he is with the International part of the Union working out of Denver, and his job is to assist the Locals operating engineers out of the West with organizing, arbitrations, negations. Bill Lingerfelt stated that they are here to get a collective barging agreement with Buffalo Rapids. The new contact person will be Al Ekblad and Randy Soback. Mr. Rick Harding asked Bill Lingerfelt to explain the International part of the Union. Bill Lingerfelt explains the difference between Locals and International: Locals stand alone and the International will not interfere unless there are issues. International will help negotiate contract and to assist the Local 400 but he is not the boss and if asked by the Locals to leave he must. Mr. Rick Harding wanted to know how many members. He stated that there are just over 400,000 members. There are two divisions of Operating Engineers: lifting/hosting and stationary. Local 400 is a combination of both. Mr. Rick Harding is concerned that there is a diminishing membership in Unions. Bill Lingerfelt stated that union numbers have gone down but the work force has gone up. Public Sector employees are growing and also depend on politics.

Al Ekblad explains the three areas of the Local 400: maintenance workers, public employees, and there are about 1800 members in MT. Al Ekblad is the organizer for the Locals and he is based out of Great Falls. Mr. Rick Harding asked how many staff members, Al Ekblad states that there are business managers, assistant business manager, four business agents, and secretarial staff.

James Whitmer asked if there were any more questions for Al Ekblad or Bill Lingerfelt. Bill Lingerfelt stated he would like to know the background of the members. Rick Harding and Doug Buxbaum explained their background; James Whitmer, Barry Rakes and Ric Holden did not.

James Whitmer stated that he understood that there would be a draft of the contract. Bill Lingerfelt felt that he would first like to go over some information. Doug Buxbaum asked if there were proposals. Bill Lingerfelt stated that they do but would like to give Buffalo Rapids some other proposals. Bill Lingerfelt stated that they are aware of the financial problems and understand that the board has wasted some money and has been frugal. He explains the reason they are here is the issue of the employees, not here to hurt or shut down Buffalo Rapids. The main reason the Union is present is to represent the employees and that is the number one concern. The Board needs to get issues worked out and operate together. He knows that negotiating and the Union is new to the board and doesn’t believe that a lawyer is needed, and felt that it would be a waste of money for the Board. He stated that they do have proposals and were prepared to hand over a contract but discussed with his members that a meeting between the Board and negotiating sub committee would be beneficial and there are avenues for the Board that are free. A State mediator is available and is free for his service; he would be on nobody’s side and would be able to give the Board some advice. Bill Lingerfelt reiterated that this service is free to the Board. He stated that there are a couple of options to do mediation: 1. Sit down and negotiate: needs to have a schedule set. He stated that nothing is bound while negotiating. Bill goes on to explain that once a T/A (tentative agreement) is close to an agreement, but it is not legally binding. Bill stated that the next step is once there is a contract they take it back to the membership, then it can be voted on for ratification, when it is ratified then there is a contract, which would need to be signed and the contract is for a set amount of time. He stated that tonight they would like to discuss mediation. Mediation is not binding, and it is free and if both parties do not feel this working they can back out.

Al Ekblad said that Ron Stormer, state mediator is available. Ron told Al that there are two processes: 1. Mediated negotiation, which is mediated with a proposal and work thru building a document. 2. Intra-based bargaining, which is where everybody participates around the table. Ron Stormer has the 5th and 6th of January available to do training session for mediated negotiation or intra-based he will go through the ground rules. The week of the 18th of January Ron is available to negotiate. Bill Lingerfelt stated that they have a contact number for Ron Stormer. James Whitmer stated that he did not fully understand the difference between mediated negotiating and intra-based bargaining. Bill Lingerfelt went on to explain the difference and mentioned that Ron Stormer would help establish the five different criteria’s that might be evaluated. Bill Lingerfelt stated that he is here to get a contract for the employees and trying to protect the employees. Al Ekblad and Bill Lingerfelt gave examples of how it will go once Ron Stormer is here meeting with each side and how negations will go. Rick Harding asked if Ron Stormer is fair. Al responded that he is. Bill Lingerfelt mentioned that he would like the board to try the mediation.

Al Ekblad stated that this Union will probably be represented out of Colstrip after the contract is done. Rick Harding asks that they should meet with Ron. James Whitmer would like to meet with Ron about intra-based bargaining. Ric Holden stated that intra-based bargaining does not interest him. He would like to see the initial proposal. Bill Lingerfelt reiterated that the Board does not need to spend more money when there is a free service. When in negations Bill Lingerfelt will be the chief spokesman and expects the Board to have a chief spokesman. Bill Lingerfelt expressed that there can not be any changes being made while in negotiations. Rick Harding stated that he felt like Al and Bill would like to use the mediator and Rick Harding made a motion that James Whitmer talk with Ron Stormer to get more information and reconvene at another meeting, Barry Rakes seconded. All in favor.

Bill Lingerfelt asked who the responsible party is that will direct the work force after Dave leaves. Doug Buxbaum stated that the governing Board would be need to be asked. Discussion was held between the sub committee if that needed to be a formal or informal request. Doug Buxbaum asked if the Union knows that there is a chance that the two Districts would be splitting. Bill Lingerfelt stated that yes they are aware and would be representing both sides. Bill Lingerfelt discussed with the sub committee a situation with the employees taking comp time or vacation time. He stated that as of now, no changes can be made. Barry Rakes mentioned that he thinks the employees are worried that they would loose their vacation time. Ric Holden gave Bill Lingerfelt a handout of the vacation and comp sheet as well as a sheet from the Board that was sent to the Department of Labor. Rick Harding expressed to Ric Holden that this committee is set up to negotiate a contract with the Union and is questioning what authority he has talking about dates people are to be taking off. He also mentioned that this might be just a discussion. Ric Holden stated that this allows us to go back to the Board on Friday with a motion and they do not have authority tonight. Bill Lingerfelt stated that this is a negotiating committee for a contract and maybe the Board needs to talk to the Union. Bill Lingerfelt would probably talk to the Project Manager Thursday, in directing schedules.

Doug Buxbaum stated that they are financially strapped. Bill Lingerfelt expressed that the future is what to look at.

James Whitmer stated that he going to get a hold of Ron Stromer. Rick Harding felt that he trusts James’ judgment to talk with Ron and as a sub committee to get together and discuss the phone conversation. Bill Lingerfelt is available in January and can stay until the negations are over. Al Ekblad would like to meet with Ron Stormer the 5th or the 6th of January; all agreed that would be better than a conference call. Rick Harding stated that it would not be unreasonable for the sub committee Chairman to talk to Ron before meeting. Bill Lingerfelt would like dates and James Whitmer stated that the 5th and 6th would work. Bill Lingerfelt stated that he would talk to the employees that are here tonight and call James Whitmer tomorrow. Ric Holden asked Bill who he was going to contact after talking to Dave. Bill Lingerfelt stated that he would be contacting Doug Buxbaum. Bill Lingerfelt would like to know who the chief negotiator is for the subcommittee, as he is for the Union.

Bill Lingerfelt stated that he would like to go over the issue of healthcare. He stated that we need to partner up to find solutions. He needs information on Associated Employers to be able to shop around. He needs information on the 5500(financial statement) and the health and welfare plan, they do have a plan but it may not work. The Union representatives presented paperwork to be able to talk with insurance healthcare providers. James Whitmer asked Patty if health insurance is through Dale Hellman? Pat Davis responded no. Bill Lingerfelt questioned if dental and vision is an option in current plan. Doug Buxbaum stated that there is an option. Barry Rakes is volunteering to help Patty to gather health insurance information. Doug Buxbaum will be contacting MACO. Bill Lingerfelt gave his card and his Denver phone number. Bill Lingerfelt stated that he has no other business and hopes negations work.

James Whitmer motioned to end meeting. Barry Rakes seconded. All in favor.

Meeting adjourned.

There being no further business to be considered, and no objection, the said meeting of the Union Negotiating Sub committee of the Buffalo Rapids Project adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee

Deecember 10, 2010 Sub Committee Minutes

2010-01-15T13:19:00.000-08:00

MINUTES
of the
MEETING OF BUFFALO RAPIDS UNION NEGOTIATING SUB COMMITTEE

Terry, Montana
December 10, 2009

The first Regular Meeting of the members of the Buffalo Rapids Union Negotiating Sub Committee, at Terry, Prairie County, Montana, was held on the Tenth day of December 10, 2009 at 2:00 p.m.

There were present and participating at the meeting:

Ric Holden
Barry Rakes
James Whitmer
Rick Harding
Doug Buxbaum

Also present and participating were: Pat Davis, Assistant Secretary.

Chairman of the Sub Committee, James Whitmer 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 member.

Thereupon, Chairman of the Sub Committee, James Whitmer, 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 stated that a committee needs to be organized and appoint and vote for a chairman needs to be done and to identify issues when meeting with the union. All in agreement. Ric Holden expressed that Doug Buxbaum should do it. Doug Buxbaum denied the Chairman position. Ric Holden would like to be a researcher.

Ric Holden made a motion that James Whitmer be the Chairman of the Union Negotiating Sub Committee. Barry Rakes seconded. 4 votes in for, none against.

All in favor

Motion carried

Barry Rakes stated that he talked to Bill Lingerfelt and Al Ekblad, representatives of the Union, about meeting for today, due to weather they were unable to attend. Barry stated that he would like to continue with the meeting without Bill and Al present. Barry Rakes did talk with Ted Hendal who is the Federal Mediator for State of Montana. During the phone conversation with Ted Hendal Barry Rakes expressed his concerns regarding Union negotiations. Barry Rakes set a conference call at 3:00pm that day. Ric Holden asked Barry Rakes how he got his name, which was through Al Ekblad. Barry Rakes and Doug Buxbaum were explaining the job of the mediator. Doug Buxbaum expressed his concern that if there is a split, does the board sign a letter of intent, and is it binding. Ric Holden stated that the board recognized that the employees wanted to go Union. A letter was passed from Al Ekblad and was read by Doug Buxbaum at this time. This was the second letter. The first letter of recognition was found as well.

Rick Harding expressed his concern and wants to understand and gain consensus on what the objectives of the negotiations are. Doug Buxbaum stated that Buffalo Rapids is in trouble financially and employee benefits need to be looked at, and there needs to be some cuts somewhere, or water taxes need to be raised. James Whitmer stated that the issue from the previous meeting was working off the accrued comp and vacation time. James understands that there is no policy regarding this. He thought comp time should be taken off before vacation time. He stated that Employees are probably concerned that the Board does not pay the increase in health premium. He also stated the issue of the use of company vehicles by employees. These issues should be discussed with the Union. Rick Harding stated that comp and vacation is not necessarily addressing cost saving benefits. James Whitmer expressed the health insurance premium increase. Rick Harding stated that there are a number of ways to cap the cost on insurance. Doug Buxbaum and Ric Holden expressed that District I and District II are in bad shape.

James Whitmer has a question directed to Doug Buxbaum regarding the Employee handbook or policy that the employees work under. When working with the Union does that go in the contract with the Union or is it separate. Doug Buxbaum explained that the different ways Dawson County does their negotiations and policies. James Whitmer stated that these issues need to be discussed with the Union reps.

Doug Buxbaum wanted to know why the employees contacted the Union. Barry Rakes explains that Dave Schwarz had sole authority over the employees. The employees got scared and they want their jobs and called the State Labor board and found out that if Dave is gone this Board could take away their insurance and possibly other benefits. Barry Rakes stated that the employees are afraid of the Board. He also stated that Ric Holden told Dave that if the Board wants somebody fired would have to do it, and Dave said no I don’t, I have sole authority over the employees. Rick Harding expressed that one reason for having the Union come in is the employees saw the conflict between Dave and the Board. The members agreed.

James Whitmer explains his point of view on the issue of hiring a lawyer. One or both Union rep’s will sit in and will be part of the negations. James Whitmer expressed his concern that the Board does not have the skill to deal with the Union at this time. A resource of knowledge is very helpful and a resource is needed. He expressed that this committee needs a lawyer. Rick Harding agreed that a lawyer may be needed but these discussions do not need a lawyer. James Whitmer stated that there is a misconception of his thoughts about needing a lawyer and that some of those misconceptions are not true.

Doug Buxbaum stated he would like to ask the mediator if they can talk to the employees without their Union Rep’s. James Whitmer stated no. Doug Buxbaum would like to talk to the employees without the Union reps but that is not possible. He mentioned that there probably would not be much talk from the employees and the Union reps would be doing the talking.

Rick Harding stated that part of a strategy is that word can be spreading that going forward is a good thing also an open dialogue is critical.

Barry Rakes and Doug Buxbaum discussed splitting of the Districts and dismissal of some of the employees.

Conference call with Ted Hendal, Federal Mediator:
James Whitmer stated that he would like to know where a federal mediator comes in during Union negations. Ted Hendal explains that when there are difficulties finding solutions. Mediators are not used to bargain a contract start to finish but work with them in solutions to problems and have open up lines of communication. The parties will be separated and would be able to talk freely. He also explains the difference between intra-based bargaining and traditional bargaining. He gives the website, www.fmcs.gov. James Whitmer asked about needing an attorney as a resource. He stated that the Board doesn’t necessarily want an attorney at the table but one to call and ask for advice.
Ted Hendal stated that nothing wrong with hiring an attorney, he also explains the different contracts. He understands that the board does not have a lot of experience and it will take at least 6 months depending on the attorney to put together a contract. If a labor attorney is friendly may take a little less time. He mentions management consultants would be another avenue. Rick Harding asks if there is any place to take a look at boilerplate contracts. Ted Hendal explains not sure but stated that they should go to the website, media center, gives outlines for contract bargaining agreements. Rick Harding asked about public type Unions. Ted Hendal responded to go to Dawson County Sheriffs Department, consult with Jeff Minkler who has worked with Dawson County. Doug Buxbaum agreed with Ted that Minkler does a good job. Ted Hendal asked who the employees went through State or Federal, Barry Rakes responded with State. Ted Hendal gave Ron Stormer, state mediator as a reference, which is a free service contact. Ric Holden requested the number for Jeff Minkler.

Ted Hendal explains that a mediator is not binding, has no jurisdiction. Barry Rakes expressed concern about talking with the Union. Ted Hendal stated that bargaining in good faith is the way to go and explained the process of negotiating. Ask them to give you boilerplate language. He also stated that three areas that need to be discussed with the Union are: wages, working conditions and benefits. Conference call was ended.

Doug Buxbaum stated that he will contact county attorney for Glendive Sheriff’s Office for contract or Jeff Minkler. Discussion was what would cost for Jeff Minkler and how important it is to have a resource person and who to contact Ron Stormer or Jeff Minkler. Doug Buxbaum stated that first step of action is to see the proposal and then decide who to contact. James Whitmer will call Al Ekblad and see if they can look at some contracts. Rick Harding stated that he understood that it is the Union’s responsibility to come up with the 1st proposal.

Next meeting is the 16th at December at 7:00 p.m. with the Union representatives.

________________________________ ____________________________________
Pat Davis, Assistant Secretary James Whitmer, Chairman of Sub
Committee

December 18, 2009 Meeting Minutes

2010-01-14T15:10:00.001-08:00

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

December 09, 2009 Meeting Minutes

2010-01-14T15:02:00.001-08:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
December 09, 2009

The Eighth Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Ninth 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, Dale Hubber, Buffalo Rapids Attorney at Law, Kay Braddock; Terry Tribune, District I and District II area producers, members of the public, and employees of Buffalo Rapids.

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, without corrections, from the November 18, 2009 meeting. Ric Holden made a motion, seconded by Don Buxbaum to approve the minutes with corrections, from the November 11, 2009 meeting. Ric Holden made a motion, seconded by James Whitmer to approve the minutes with corrections, from the November 03, 2009 meeting. James Whitmer made a motion, seconded by Scott Sackman to approve the minutes with corrections, from the October 20, 2009 meeting. All in Favor.

Mr. Dale Hubber, Attorney at Law, was asked to present findings concerning the payment of an invoice submitted to Buffalo Rapids Project for an audit performed for the Project. Upon Dale Hubber’s advice District II paid their portion of the invoice to Anderson ZurMuehlen and Associates invoice.

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for December. 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. Transfers were signed from District II to loan District I $33,325.00 for the month of December.

James Whitmer made a motion, seconded by Ray Roethle, to approve the Treasurer’s report and the transfer of $91,249.55 for District I. Jim Finneman made a motion, seconded by Scott Sackman, that the Treasurer’s report and the transfer of $60,082.30 for District II be approved. Motions carried.

Pat informed the Board that they were able to retrieve all files and databases for the office computer. Pat also informed the Board that they would receive grant money for lateral 3.2 in District II and grant money for lateral 2.9 in District I. The D.N.R.C informed Dave Schwarz that the final ten thousand would not be available for the work done on lateral 3.2 until spring. Dave and Pat are working with the D.N.R.C. on getting that money available to the District right away since the pipeline is completed. Pat stated that Prairie County assessments were in, but Custer County and Dawson County would not be available until the middle of December. Pat explained that they had to rectify a mistake that had been made on Dave Schwarz’s P.E.R.S. since 2004. Pat was notified of the mistake by P.E.R.S. and enlisted the help of an accountant from Strom and Associates to correct the overpayment that was given to Dave Schwarz over the years. Pat asked for the Board to make a decision as to who they would like to perform the 2009 audit. She stated that she needed the audit done by June 1st 2010 for financial reports that needed to be submitted for the Department of Administration. It was decided that Pat and members of the Board would look into the financial costs of hiring a different auditor or staying with Strom and Associates. Pat asked all members of the Board to please have any agenda items into the office by the last day of the month so she has time to put it on the agenda and have notices ready to send out.

Pat spoke with the Board that as a Board she would like them to set some guidelines for her job duties. She explained to the Board that she would not be performing the managers’ duties, and was not comfortable with the Board asking her to do so. Pat Davis also expressed to the Board that with so many Board of Control and District meetings, along with subcommittee meetings being held, she would like some help in the office. The job requirements of attending the meetings and writing the minutes, along with her regular job duties were beginning to be too much for one person. She stated that she is now working overtime and on weekends to get everything done, but with the extra scheduled meetings and the length of the meetings, she does not believe she will be able to have everything completed on time with out help.

The Buffalo Rapids Board of Control spoke of splitting the two districts into separate entities and dissolving the Board of Control. Barry Rakes stated that it would be faster and more feasible to split mutually. Barry Rakes and Scott Sackman stated that they have talked to all of the producers in their divisions and they are in agreement to split. Jim Finneman expressed that he felt it should come to a ballot from the producers. Barry Rakes expressed that they should split peacefully, neither district can afford a fight. Barry also stated that he would like it done faster than three months if possible. Jim Finnemans asked if they had any figures worked up if they split. Barry replied that they did have a preliminary budget for District II. Ray Roethle asked for Mr. Larry Heimbuch to speak. Larry stated that they have to have written notice from District II that they intend to split from the Board of Control. He also stated that they would need a lot of help from the producers if they split. Larry Heimbuch stated state statute concerning splitting of the two districts. Mr. Barry Rakes spoke of different options that they should think about if they split. Larry spoke that the outbuilding are owned by the Bureau of Reclamation.

Ric Holden asked Barry Rakes what his take was on the meeting held for District I producers in Glendive. Mr. Rakes expressed that he felt District I did not believe enough work was being done in their district, and most of the work was being done in District II. He also stated that he did not believe that all of the producers in District I wanted to split. Barry Rakes and Scott Sackman stated that every one but two in District II want to split. Mr. Holden stated that he felt from the District I meeting that District I does not want to split, and he would not be in favor of the split without a solid business plan. Jim Finneman asked about the liability of the one hundred and ninety thousand dollar loan with Stockman Bank. Larry Heimbuch and Barry Rakes explained to Mr. Finneman that District II is not liable for the loan, because it was loaned strictly to District I. Barry Rakes stated that he would like to see the split done without tearing everything apart. Jim Finneman asked Mr. Jeff Wallace what he thought of the issue. Jeff Wallace stated to the Board that he was in favor of the split and felt that they had to do it. Mr. Wallace expressed that if they split then each District can work on what they believe should be done, and maybe get things done faster for their District. Jim Finneman asked Jeff if he felt it would be easier to manage if they split. Mr. Wallace stated that it is always easier to manage a smaller operation.

Mr. Allen Gierke, machine shop foreman, asked what they would do with the machine shop if they split. Barry Rakes replied that both district need the machine shop. Larry Heimbuch stated that they need the letter stating the intention to split before they could start the process to determine how to split. Larry Heimbuch explained to everyone present that the pumping plant power is already split with separate contracts with Western Area Power. Don Buxbaum stated that a split of the districts could benefit both sides, but also warned that it would cost the producers whether they split or not.

The subject of burning the ditch in the spring, and getting water on sooner, was discussed at length by everyone present. It was mentioned that maybe the producer will need to help with the burning in the spring. Tim Kortum and Allen Gierke spoke that there are a lot of issues they have to deal with when they are burning that the producer may not know about. Allen and Tim stated that they put in a lot of hours in the spring trying to get water on sooner. Tim Kortum expressed that there are days that the Sheriff’s office closes them down due to wind, they can’t burn due to weather, and many other things. Tim stated that with more and more pivots there is going to be more of a demand for water to be turned on sooner.

More discussion of the two districts splitting was brought forward. Ray Roethle spoke that if District II wants to split there is nothing that the other district can do. It was spoke of that the decision would not be made without a vote from the producers. James Whitmer stated that he would like to protect what was rightfully District I. Barry Rakes agreed. James Whitmer felt that it has been understated how difficult it will be to split the two districts apart. It was discussed whether they would need an appraiser for the assets owned by Buffalo Rapids Project. Ric Holden asked if Mr. Barry Rakes was going to bring back a management plan. Barry Rakes responded that District II already has a preliminary budget for the upcoming year. Mr. Holden stated that Mr. Rakes need a solid business plan and get back to District I with it. Barry Rakes responded that District II will have a meeting. It was stated that if the Board of Control could not work things out, that the Bureau of Reclamation would get water in the ditch. Barry Rakes expressed that they do not want the Bureau of Reclamation to take over, because they would like to see more charged for water than is currently being assessed.

Machine Shop Report:

Mr. Allen Gierke reported that all pumps have been pulled that were scheduled. He stated that the Terry #1 pump bearings were all good but two of them. The pumps will go to Billings to be worked on soon. Allen expressed that all the pump motors should be on a rotation schedule to be pulled and checked every six years. Allen reported that the Glendive II pumps have been pulled up and out of the water. Allen also expressed that they should look into locating a spare pump for District I. Allen stated to the Board that he had heard a rumor that they were not going to be able to work on pumps for Lower Yellowstone Irrigation. He called Lower Yellowstone Irrigation and expressed to them that they would be taking in outside work as long as there was time to have all of their own pumps done for water season. He expressed to Lower Yellowstone Irrigation that they would operate the same as they have in the past.

Shop Report:

Tim Kortum reported that they have completed Lateral 3.2 in Shirley, except for clean up and a meter instillation, which they will do when the weather is better. The crew will go on to Lateral 34.5 in Glendive and finish that pipeline when weather permits. Mr. Jeff Morrison is working on Lateral 2.9 in District I, and will start again when weather permits. Tim expressed that they do not want to attempt pipelining through Crissafulli trailer court until spring due to so many utilities located in that area. Tim stated that most of the employees are on vacation if they have any time accrued. Tim expressed that there are a handful of employees that are working in the shops doing inventory and other inside work that needs to be done. Jim Finneman asked Tim about the canal lining project. Tim stated that most of the product is bought to finish the project, but they had considerable problems with the system they had for applying the product to the canal. Tim expressed that the canal lining will work but they need to use a different technique.

Mr. Ric Holden passed for all present a list for CPA recommendations and Board of Control policy issues.

Item#1: Ric Holden made a motion that the project manager and Chairman of the Board signature stamps be given to the Board Chairman for destruction and that the Chairman of the Board of Control, District I and District II Board members be authorized to serve as checking account signors. Effective January 01, 2010. James Whitmer seconded the motion. All in Favor.

Item #2: Ric Holden made a motion that the project manager be removed as an authorized signor on Buffalo Rapids accounts. Effective January 1, 2010. Don Buxbaum seconded the motion. All in Favor.

Item #3: Ric Holden made a motion that the Buffalo Rapids “American Express” credit card be collected and given to the Board Chairman. Jim Finneman seconded the motion. All in Favor. Pat Davis requested that the Chairman of the Board collect the cards. Ray Roethle agreed.

Item #4: Ric Holden made a motion that travel expense reports be submitted by management and employees to explain costs and business purpose of the trip. James Whitmer seconded the motion. All in Favor. Mr. Holden passed examples of travel report forms to be copied and used for travel trips.

Item #5: Ric Holden made a motion that the project manager obtain pre-approval of travel costs and explain trip purpose to the Board of Control. James Whitmer seconded the motion. All in Favor.

Item # 6: Ric Holden made a motion that the Chairman of the Board collect all Costco membership cards. Jim Finneman seconded the motion. All in Favor.

Item # 7: Audit report page 3. “There is no system for tracking and recording inventory in the district’s accounting system. We also noted weak or non-existent physical controls over inventory of supplies, which are stored in the yard and shop.” “We recommend management gather physical count of inventory for budget financial records.” James Whitmer stated that what he remembered from the meeting with the CPA is that it would take a QuickBooks expert to assist the bookkeeper to install the inventory into the accounting system, and that at this time it would take time to do that. Mr. Holden was told that there is a physical count and an inventory done every year, and it was brought to the Board meeting when completed for the Board’s review if they so chose. It will be looked into further with an accountant at a later date.

Item # 8: Financial Reporting-Cash balance sheet-new Manager? Pat Davis reported that there is a balance sheet available in her accounting software. The Balance sheet read almost exactly like the cash balance sheet that she currently gives the Board every month. It will be looked into further with an accountant at a later date.

Item # 9: Grants-We need a “report to include, grants dollars amounts, amount received, amount remaining, construction progress, remaining timeline.” Mr. Holden was informed that those financial figures are currently available when Mr. Schwarz fills out the quarter reports for each grant file. Mr. Holden recommended to the Board that they hire Mr. Mike Carlson to go through the grant reports and give a status report to the Board. James Whitmer made a motion seconded by James Jim Finneman to contact Mr. Mike Carlson and see if he can give a grant report to the Board for less than five hundred dollars, and if more than that amount Mr. Holden is to report back to the Board with the estimate. All in Favor.

Item # 10: Employee Receivables-Personal use of Buffalo Rapids charge accounts.
A. Need a line item in the budget
B. Need to track employee personal use purchases as a receivable.
C. Need a written agreement with employees on paycheck withdrawls-On Hold
Pat Davis explained to Mr. Holden that there are line items already used for personal purchases and they are tracked through the accounting system, through the budget and as a receivable. The Board decided that the written agreement for withholding from an employees paycheck would be a union issue.

Item # 11: Payroll-employee benefit costs represent a 40 percent burden rate on payroll subject to union negotiation.

Item # 12: Ric Holden presented to the Board an authorized off-site backup company by the name of Carbonite. He requested that the bookkeeper be authorized to purchase and install the off-site backup program. Pat stated that she would contact her IT personal, Darryle Pisk, to ask his opinion on the subject.

Item # 13: Financial Results- year to date net loss of $170,000.00 as of September 25th, 2009. Recommendation-“The Board should work for proper budgetary review.”

Manager search sub committee report:

Mr. Larry Heimbuch passed handouts for the Board concerning revenue for machine shop since 2004, equipment rental revenue since 2004, and outside work revenue since 2004. Larry Heimbuch and members of the Board discussed the revenue figures on the handout and how they could pertain to the deficit in District I. Larry Heimbuch also handed for the Board’s review copies of Montana Code Annotated that discussed the issues of hiring a manager for an irrigation district. A contract was also passed for the Board’s review of the project manager for the Lower Yellowstone Irrigation Project. Larry expressed that they are not at this time actively seeking a manager for Buffalo Rapids Project until the Board decides if they want to split the two districts.

Union negotiating subcommittee report:

A subcommittee meeting will be held on December 10, 2009 with out representatives from the union. A meeting will be held on December 16, 2009 with representatives from the union. Mr. Barry Rakes stated that he had talked with Ted Handel, state mediator, and that he would be free for a speaker phone meeting with the subcommittee on that day. Barry also stated that he had asked Mr. Handel about the project hiring a lawyer, and he stated that there are cheaper ones just as good as the one that they are looking to hire, and if they would like he could get them a list of names.

Mr. Ric Holden brought to the Board handouts of a letter from Associated Employers, and emails from Department of Revenue. Mr. Holden also handed to the members of the Board a worksheet of compensated for the employees of Buffalo Rapids. Mr. Holden stated that he felt they needed to deal with the large liability of compensated absences that they have. Mr. Holden made a motion that the Buffalo Rapids Board of Control close operations during the holiday season for 15 wording days from ___________of December thru January __________, to allow the usage of first accumulated “comp time” and then second the usage of accumulated vacation time. This will represent time off with pay except for those employees without any or enough comp and/or vacation time then it will be time off without pay. After much discussion as to the feasibility of this and the practicality of all employees leaving the project for any predetermined period of time the motion failed due to a lack of a second. Tim Kortum shared with the Board that the employees customarily take the holiday season off if they have the time available, and that most employees take their vacations in the winter months if possible. Pat Davis will bring to the Board a year end compensated absences worksheet liability to the Board at the January meeting.

Ric Holden passed for the Board a copy a page of the managers’ contract that pertained to the vacation time given per year. Mr. Holden stated that in the contract it states that annual vacation of a period not to exceed 15 days, with pay, at such time as approved by employer. Dave is currently given vacation days according to state statute. Ric Holden had questions as to whether Dave Schwarz is entitled to his accumulated vacation time that he has accrued. It was stressed to Mr. Holden that he should possibly contact the Department of Labor or Dale Hubber as to the legalities of Dave’s vacation time accrued. Ric Holden made a motion for the Board of Control to authorize the Project Manager to take off 15 days of vacation beginning December 21, 2009 until January 12, 2010. Jim Finneman seconded the motion. After much discussion and urging to look into the legalities of forcing Dave to take vacation time Mr. Holden withdrew his motion. It was determined that they would talk with Dale Hubber and make a decision at a later date.

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for December. 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. Transfers were signed from District II to loan District I $33,325.00 for the month of December.

James Whitmer made a motion, seconded by Ray Roethle, to approve the Treasurer’s report and the transfer of $91,249.55 for District I. Jim Finneman made a motion, seconded by Scott Sackman, that the Treasurer’s report and the transfer of $60,082.30 for District II be approved. Motions carried.

Pat informed the Board that they were able to retrieve all files and databases for the office computer. Pat also informed the Board that they would receive grant money for lateral 3.2 in District II and grant money for lateral 2.9 in District I. The D.N.R.C informed Dave Schwarz that the final ten thousand would not be available for the work done on lateral 3.2 until spring. Dave and Pat are working with the D.N.R.C. on getting that money available to the District right away since the pipeline is completed. Pat stated that Prairie County assessments were in, but Custer County and Dawson County would not be available until the middle of December. Pat explained that they had to rectify a mistake that had been made on Dave Schwarz’s P.E.R.S. since 2004. Pat was notified of the mistake by P.E.R.S. and enlisted the help of an accountant from Strom and Associates to correct the overpayment that was given to Dave Schwarz over the years. Pat asked for the Board to make a decision as to who they would like to perform the 2009 audit. She stated that she needed the audit done by June 1st 2010 for financial reports that needed to be submitted for the Department of Administration. It was decided that Pat and members of the Board would look into the financial costs of hiring a different auditor or staying with Strom and Associates. Pat asked all members of the Board to please have any agenda items into the office by the last day of the month so she has time to put it on the agenda and have notices ready to send out.

Pat spoke with the Board that as a Board she would like them to set some guidelines for her job duties. She explained to the Board that she would not be performing the managers’ duties, and was not comfortable with the Board asking her to do so. Pat Davis also expressed to the Board that with so many Board of Control and District meetings, along with subcommittee meetings being held, she would like some help in the office. The job requirements of attending the meetings and writing the minutes, along with her regular job duties were beginning to be too much for one person. She stated that she is now working overtime and on weekends to get everything done, but with the extra scheduled meetings and the length of the meetings, she does not believe she will be able to have everything completed on time with out help.

Pat asked the Board to please take a look at the proposed budget for the 2010 operating year. She informed the Board that the figures that she has in the 2010 budget are a starting point and that she wants the Board to become completely involved this year when determining the budget. She would like the Board to be responsible for the budget amounts that will be there for the 2010 operating year. Mrs. Davis recommended that they hold a separate meeting and for each Board member to sit down with her to see what revenues and charges are put into each line item on the budget. On a motion made by Mr. James Whitmer and seconded by Jim Finneman it was decided to table the 2010 budget until a date can be set at the next regular scheduled meeting in January.

Mr. Doug Buxbaum was present to speak with the Board, on behalf of the Dawson County Commissioners, about the back taxes owed to Buffalo Rapids for Rainbow Estates Subdivision. Doug explained to the Board that he had been contacted, the same as Buffalo Rapids, concerning the purchase of Rainbow Estates lots by an outside entity. Doug spoke that it would cost Buffalo Rapids some money to get the water to the lots, but he felt it would be worth forgiving the back taxes and cleaning the lateral to deliver water, to get the lots back on the payroll and receive income for those taxes from this year forward. Doug stated that the Dawson County Commissioners had already made the decision to forgive the Dawson County taxes and that included the back taxes owed to Buffalo Rapids. Mr. Buxbaum passed for all members copies of MCA codes that pertained to suspension/cancellation of property taxes. Doug expressed that the commissioners of Dawson County would like to work with Buffalo Rapids on the issue.

James Whitmer presented to Pat Davis an invoice for the services of Len Stanton of Associated Employers. Members of the Board have been using his services for management consultation over the past several months. Some of the members of the Board were under the understanding that his services were for free, but it was determined that only the first five hours on consulting were free, and any time after that was at the rate of $85.00 per hour. It was determined that his services will still be used at the rate per hour.

Next regular scheduled meeting will be held on January 13, 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

December 14, 2009 DII Meeting Minutes

2010-01-13T10:26:00.000-08:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
DISTRICT II

Terry, Montana
December 14, 2009

The Meeting of the members of the Buffalo Rapids District II Committee, at Terry, Prairie County, Montana, was held on the 14th day of December, 2009, at 2:00 p.m.

There were present and participating at the meeting:

Scott Sackman
Jim Finneman
Barry Rakes

Also present and participating were, Pat Davis, Assistant Secretary and Rick Harding.

President Barry Rakes 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 Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business.

Barry Rakes began meeting with discussion of splitting of the Districts. Jim Finneman stated that he had gotten in touch of producers in District II, except Bob Otto and Greg Poucher. Barry Rakes stated that every forty (40) acres a producer gets a vote. According to the Bureau of Reclamation a vote is not needed. Jim Finneman expressed that the feeling that he gets is District I wants to split. Barry Rakes stated that the machine shop is also to be considered in the split. Discussion was the machine shop is part of District II or jointly owned. Barry Rakes expressed his concern with the producers and making sure if they are helping that would need to be addressed in a meeting.

Rick Harding asked Barry Rakes if there is going to be a ballot sent to the producers. Pat Davis suggested a mail in ballot would be a good idea. Pat Davis said it needs to be addressed to land owner. Barry Rakes expressed his thoughts regarding a letter to the producers. The Board discussed what information the letter should contain. Scott Sackman stated that during the meeting with the commissioners they should have taken a vote for the split of District I and District II.

Jim Finneman stated that he, Rick Harding and Lance Kalfell will be meeting with Claude Adamson, Don Buxbaum and Larry Heimbauch on Wednesday the 17th regarding the split and their thoughts.

Barry Rakes expressed his concern if there is a split the producers would need to help. Pat Davis is concerned with the split regarding needing an accountant and does not want the fiscal responsibility.

Barry Rakes stated that a letter needs to be written and what the letter should contain. Jim Finneman asked what time frame for the ballots. One week would be the time line for the return of the Ballot.

Jim Finneman made a motion to accept a letter to be sent to all District II producers for voting purposes of withdrawing from Board of Control. Seconded by Scott Sackman.

All in Favor.

Motion carried.

Barry Rakes is in charge of the Ballot and sending out the letter to District II producers.

Jim Finneman handed in his formal letter of resignation and stated that Lance Kalfell will be his replacement. The Board tabled his resignation as a Commissioner for District II.

Meeting was adjourned.

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 Barry Rakes, President

November 18, 2009 Meeting Minutes

2009-12-10T15:58:00.001-08:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS DISTRICT I
Glendive, Montana
November 18, 2009

The Special Meeting of the members of the Buffalo Rapids Project District I, at Glendive, Dawson County, Montana, was held on the Eighteenth day of November, 2009, at 7:00 p.m.

There were present and participating at the meeting:

Don Buxbaum
Ray Roethle
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.

President Don Buxbaum 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 Buxbaum 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 Buxbuam stated to all present that the meeting was being held because District II had expressed at the last Board meeting that they are looking into splitting away from District I. Don explained that all District II has to do is give District I ninety days notice and it would be done. Don Buxbaum asked Mr. Barry Rakes, president of District II, who was present, if he would speak to all present about the proposed split. Barry Rakes explained that he had brought it up at the last meeting just to discuss the issue. He explained that the two Districts could do it amicably or not. He stated that there is a difference of opinion between the two districts, and District II wanted to know what District I thought about splitting. Mr. Don Buxbaum asked Mr. Barry Rakes if that is what his District would like to do. Mr. Rakes stated that he believed it is what District II would like to do.

Mr. Dick Crisafulli asked if they would split the equipment, have two different managers, or two different crews, and stated it would cost twice as much to run. Don Buxbaum explained that it would be separate ventures after the split; each District would be on their own. Don stated that they haven’t got into the specifics of the split. Kent Shepherd asked how the lines of the two Districts are. Larry Heimbuch explained how the Board of Control works with each Division, and how they are already separated with the Bureau of Reclamation.

Sandy Helmuth read from state statute that explained why the two districts were split originally. It stated in part that irrigation districts were joined, but split into divisions for the purposes of simplicity, efficiency, and the economy. He also read statute that addressed the splitting of two irrigation districts. It stated in part that any district that has entered into a written contract with the other district may withdraw such contract by submitting to the Board of Control in writing a ninety day notice of withdrawal. Ric Holden stated that the Stockman Bank loan acquired by District I was also required to be signed by District II. Mr. Barry Rakes stated that a resolution was signed by District II, but the note from the bank was only signed by District I.

Kent Shepherd asked what the reason was for wanting to split. Mr. Holden stated that District I did not have a reason to want to split, and it was something that District I didn’t want to do. Mr. Holden stated that apparently District II and their producers wanted to split, so the Board thought that they should get everyone together and let them know what the situation was. Mr. Holden asked Mr. Larry Hiembuch so speak on research he had done with the Bureau of Reclamation. Mr. Hiembuch stated that the power contracts are already split so each District pays for their own. He explained that if District II wants to split there is nothing that District I can do about it. Larry Heimbuch asked Mr. Rakes if it had to be brought to the land owner. Mr. Rakes stated that it would be brought to the land owners in District II. Mr. Hiembuch stated that District I has no control, District II gives District I ninety days notice and the Board of Control is dissolved.

Lynn Wittmayer stated that if the District I would try and get along with District II maybe they could pull it together. Mr. Heimbuch stated that it works both ways. Mr. Shepherd asked why the votes seem to be going down the District lines. Mr. Hiembuch explained how the Board is set up and what Division is currently holding the majority of the Board. Mr. Holden stated that the votes are usually split with a five to two vote in favor of the motion.

Sandy Helmuth stated that he is not in favor of the two Districts splitting. He does not believe that either District could stand financially on their own. He read from state statute that provided that the Board of Control could hire a manager for each District. Mr. Don Buxbaum expressed that if any producer had anything to say now would be the time. The question was asked if they had sought anyone to manage Buffalo Rapids yet. Don Buxbaum stated that they could not do that yet until the issue of the split was resolved first. It was stated that they need to get something done before irrigation season starts. Don explained that they realize that. Mr. Holden explained that there have been steps taken to find a new manager. He explained that a search committee has been appointed, they have already met with the manage consultants out of Billings, working on a contract, and reviewing the old contract that the have in place.

Kent Shepherd asked why they would want to hire an attorney to deal with the union when there are only about a dozen employees, and a Board. He asked the question why they weren’t meeting together and with the employees and trying to reach a conclusion before it ever goes to the lawyer. He stated that when it goes to the lawyer level, it creates mistrust with the employees and many other problems. He stated that where he works it has only come down to getting a lawyer only once that he could remember, and that was dealing with lots of employees and lots of differing opinions. He expressed that when it hits the level of having a lawyer present it creates problems that reach far into the future. Don Buxbaum stated that since the employees entered the union, the Board can’t even talk to them. Mr. Shepherd stated that the employees would have a union representative present to talk for them with the Board. Mr. James Whitmer stated that the attorney would not be there to negotiate the contract, but to help them. Mr. Shepherd stated that use common sense, they don’t need an attorney that would cost them lots of money. Larry Hiembuch stated that they need a lawyer to help them because the Board needs help with the labor laws. Mr. Hiembuch stated that the union has lawyers on their side. Mr. Shepherd expressed that the union does not want to spend their money either on attorneys unless they have to. James Whitmer expressed that the union is much better versed than the Board is. Mr. Shepherd stated that they should have an attorney view the contract after it is done, and if they get an attorney right away it could make the employees want to fight. Mr. Whitmer stated that the Board has agreed to sit down with the union without a lawyer to listen to what they suggest.

Randy Hanson stated that the splitting is probably not the best thing for the two districts. He stated that there is a lot of animosity over people being employed in Terry, and going to Glendive. He expressed that they should have some employees in Glendive, and some in Terry and make the service better. He stated that the Board should set down and try to reach some middle ground before they split up.

Victor Deines stated that the real issues are the water delivery systems are not being maintained. He stated that they are not getting maintenance done and water delivered on time. He stated that there are a lot of times he can’t even get the water that he is allotted.

Brian Wittmayer expressed that he agreed with what Mr. Kent Shepherd said. He does believe that it is going to cost Buffalo Rapids more money to split. He felt that sitting down with the employees would be very beneficial. He expressed that he felt that one of the main reasons that District II wants to split off is to help salvage the relationship with the employees. He suggested sitting down with the employees and trying and building some bridges.

Richard Reynolds stated that he did not want the two districts split because it would be too costly to both districts, and would create more animosity than they already have. He expressed that since he lives on sand creek he sees a lot of water spilling and being wasted. He stated that there are probably a lot of things that need to be corrected, but if they stay together, over the course of time they can be.

Randy Hansen expressed that the service in Glendive is not what it should be. The water is not turned on in time, and that is part of the management problem in Terry. He expressed that the guys in Terry wouldn’t wait until the first of June for water.

Joe Sharbono stated that District II needs to decide what they want to do, then the issues need to be addressed about the details of the split. Mr. Victor Deines stated that in the last two or three years the only employees he has ever seen are two ditch riders, and neither of the two new ones had any experience on water. He expressed that he has not seen excavator operators, manager, or supervisor. He stated that he has quit calling in because then they just get mad. He felt that they could train employees, all the ditch riders now do is read meter, and the producer runs the lateral on their own.

Mr. Barry Rakes spoke that at the last Board meeting he brought up the splitting of the districts and that they could do it friendly and faster than in three months. He expressed that the division in the Board is a sad thing. District II has a whole different view as to where they want to go, and a lot of different issues that they want to work on. Mr. Larry Haas stated that District I does not want to pay for it. He wanted to know why District I is in debt and District II is not. Mr. Rakes responded that it is because they haven’t raised rates. Mr. Larry Heimbuch stated that it is not true that District I has not raised rates. Sandy Helmuth stated that they should put all pipelines aside. Larry Heimbuch explained what had happened on the Board when he had served, and the addition of the acreage with the reclassification. Mr. Barry Rakes stated that when he was appointed to the Board no one wanted to serve on the Board. He had done some research and tried to explain why District I was in debt and why District II was also running low on operating revenue. Kent Shepherd explained that he felt that some of the people within the Project think that getting grant money is automatic since Dave Schwarz gets so many grants. He explained that people who write grants get paid very well for writing those grants and it is not easy to get the grant money.

Mr. Jerry Buxbaum stated that he felt the two districts should split. He felt that with Barry’s attitude, the employees hate their guts, and why would they want employees driving thirty miles to go to work in Glendive. Lynn Wittmayer stated that the pumps are located in Fallon, and who are they going to get to run them pumps that know what they are doing. Mr. Jerry Buxbaum stated that he could learn how to start the pumps pretty fast. Jerry stated that there are a lot of questions that can’t be answered. He felt that the manager should have cut back on expenses or wages or something else to make it work. He stated to Mr. Barry Rakes that District II has no problems because they have all the equipment down there working. He stated that they had a little bit of work done in Glendive and the rest is so bad that they can’t get water. Mr. Jerry Buxbaum addressed Strad Benjamin, machine shop technician, what he does. Mr. Benjamin stated that he worked on the pumps. Jerry Buxbaum questioned Mr. Strad Benjamin as to why the pumps weren’t in last year. Mr. Benjamin explained that they can only be in so many places at one time and they have more than just the pumps at Glendive two. Mr. Rakes stated that this is exactly why they want to split away. He stated that it is starting to pit neighbor against neighbor. If they split away they can do what they want in their district. He expressed that this is causing hate within the district than is going to last for years. He stated to all present that in two years down the road District II will have control of the Board and do they want to be in that situation. He stated that if they split the two districts they can have their own machinery and do what they want, and they won’t be intertwined.

Ms. Amy Deines asked if they could go through past audits to look for answers. Mr. Brian Morast asked if there was any way they could come together so they didn’t have to split. Mr. Rakes expressed that they should come to Board meeting some times or come in and listen to tapes and see how contentious they really are. He also stated that he did not know if it could be fixed. Mr. Don Walker asked how they were ever going to be able to hire a manager with so much animosity between both districts. Sandy Helmuth stated that they should hire two managers. It was questioned how they could afford to do that.

Rod Asche asked about the canal lining grant and if they planned on still lining the canal by his place. Mr. Holden stated that they do not know anything about the canal lining grant and don’t know how the money was appropriated. Mr. Jim Trangmoe stated that all the discussions about the grants are either in the minutes or on the tapes.

Mr. Rakes stated that there was a pretty good consensus of the producers in District II that want to split. Mr. Don Buxbaum stated that his producers are frustrated because District I does not get the same treatment as District II. Mr. Buxbaum expressed that when he had worked for Buffalo Rapids he found out that District I was not treated the same.

Mr. Kyle Martinson asked if they were so short handed that they can’t get pipelining done or maintenance done. Don Buxbaum stated that Buffalo Rapids is there to deliver water not be a contractor. Earl Corneliusen questioned whether they could subcontract the work out. Sandy Helmuth stated that Buffalo Rapids is not set up to or supposed to do EQIP. Mr. Brian Morast stated that Buffalo Rapids should still want control of those pipelines and how they are put in.

James Whitmer expressed that he doesn’t know what to tell his producers that are frustrated with the maintenance because they are busy doing pipelines. Lynn Wittmayer expressed that the Board should be working with those employees, to make things better, so those employees that are working on those pipelines can get them done. Bear Whitmer expressed that he had served on the Board for one year and had never had an experience like it in his life. He stated that the manager had never followed the Board’s direction. He felt the current Board should be commended for the job they have done.

Mr. Don Buxbaum stated that the Board needed help not criticism. Mr. Brian Wittmayer volunteered to help with a plan of work. Don stated that they would take any help they could get and thanked Mr. Wittmayer. It was asked how long it took for the water to get from the pumps to Glendive. Don stated that it took five days, but he knew for a fact he could get the water down in two days. It was stated that the farmers need to verbalize in writing the problems that they would like to be addressed.

Joe Sharbono asked what the differences are in priorities between the districts. James Whitmer stated that one example is the fact that they have employees who are using vehicles who go between work and their place of residence. He had asked the question whether these people need to be logging that as a benefit for tax purposes. Mr. Whitmer stated that he was told it had been going on for thirty years. He expressed that in his opinion a Board member should have the right to ask a question like that and be taken seriously. He felt that is one example of a difference in priority. Mr. Barry Rakes expressed that those employees are usually on call. Mr. Whitmer stated that it was very frustrating to deal with things like that and have no answers. Mr. Whitmer also expressed that that instance exists in more than one scenario than that. Sandy Helmuth read state statute that explained the liabilities held to each Board member.

Next regular scheduled meeting will be held on December 09, 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 District I adjourned.

ATTESTED:

________________________________ ____________________________________
Pat Davis, Assistant Secretary Don Buxbaum, President

November 11, 2009 Meeting Minutes

2009-12-10T15:57:00.000-08:00

MINUTES
of the
MEETING OF THE COMMISSIONERS
of the
BUFFALO RAPIDS BOARD OF CONTROL
Terry, Montana
November 11, 2009

The Seventh Regular Meeting of the members of the Buffalo Rapids Project Board of Control, at Terry, Prairie County, Montana, was held on the Eleventh day of November, 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, Lynn Wittmayer, Mark Haas, Allen Gierke, Tanner Schillinger, Sam Kortum, Strad Benjamin, Sandy Helmuth, 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.

Barry Rakes made a motion, seconded by Don Buxbaum, to approve the minutes, with corrections, from the October 14, 2009 meeting.

FINANCIAL REPORT:

Pat Davis presented current budget figures which included payroll and expenditures for November. 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.
James Whitmer made a motion, seconded by Don Buxbaum, to approve the Treasurer’s report and the transfer of $36,142.80 for District I. Scott Sackman made a motion, seconded by Barry Rakes, that the Treasurer’s report and the transfer of $19,932.20 for District II be approved. Motions carried.

Pat informed the Board that her computer hard drive had crashed earlier in the month. Darryl Pisk, Montana Softworks, had set up the books on another computer, but some information was not easily retrievable. The computer hard drive had to be sent to a company to be retrieved, and are still waiting on the results. Pat informed the Board that it would cost quite a bit of money to do this, the estimates range from seven hundred and fifty dollars to two thousand and nine hundred dollars. Mr. Holden asked Pat if there would be a problem with the overage being billed. Pat assured him that she had already ran hard copies of all water usage, so no information would be lost for the water ran and the overage incurred for the operating year of 2009.

Pat Davis presented to the Board a copy of the proposed amounts for Christmas Bonuses for the year 2009. Ric Holden asked for Mr. Larry Heimbuch to speak to the Board concerning the Christmas bonuses. Mr. Heimbuch stated that he was on the Board at the time Buffalo Rapids had instilled the bonuses. He stated that they had only started them because the Project was doing well at that time. Mr. Hiembuch also stated that the bonuses started approximately twenty five years ago. Mr. Whitmer spoke that they should probably have discussed this issue months earlier, not right before Christmas. Mr. Whitmer had concerns about what it would do to the employees and families Christmas if they do not give bonuses this year. He suggested that they pay the employees half of the proposed amount for the bonuses this year. Mr. Ric Holden stated that it would be much harder to hand those employees a pink slip instead. He also stated that the Board can’t spend next year’s money. Barry Rakes advised the Board to read the letter that was presented to them by the union. The letter stated that during the period while negotiating the first contract, Buffalo Rapids Board of Control is required to maintain all wages, benefits, and working conditions, including those established by past practice, as they are currently established. On a motion made by Barry Rakes, and seconded by Scott Sackman, it was moved that District II pay for District II’s half of the bonuses for the year. Two in favor, one against. Motion carried. Larry Heimbuch stated that he wasn’t sure that was legal for District II to make and pass a motion like that. Mr. Holden stated that District II can’t make a motion that supersedes the Board of Control. Mr. Rakes stated that the bonuses are split into District I and District II. Mr. Whitmer asked that employees present if a portion of the bonus was acceptable. Mr. Larry Heimbuch stated to the Board that the employees have it pretty good as Mr. Ric Holden showed at the annual meeting. Mr. Allen Gierke, Machine shop foreman, stated that after the annual meeting he didn’t feel like an asset to Buffalo Rapids but a liability. Don Buxbaum asked Pat Davis if they had the money to pay the bonuses for the year. Mrs. Davis explained to Mr. Buxbaum that she had given them the report on their finances and that would have to be a decision of the Board. After much discussion between the Board and the Buffalo Rapids employees, and public present, it was decided to distribute fifty percent of the proposed bonuses for each employee. On a motion made by James Whitmer and seconded by Barry Rakes, it was

RESOLVED: That fifty percent of the Christmas bonuses be distributed to each employee of the proposed amount.

Motion carried.
5 in favor 2 against

Pat Davis presented to the Board list of water overages incurred in 2009. On a motion made by Jim Finneman and seconded by Don Buxbaum it was

RESOLVED: That the Water Overages for the 2009 water season be billed in full, $9.60 per acre foot for District I, and $9.80 per acre foot for District II.

All in Favor
Motion carried.

Pat Davis also asked for the Board’s opinion on the Buffalo Rapid’s Christmas party. On a motion made by James Whitmer and seconded by Jim Finneman it was decided that there would not be a Christmas party sponsored by the Project this year.

On a motion from Ric Holden and seconded by Don Buxbaum the treasurer’s report was approved, with a segregation of the Anderson ZurMuehlem & Co. bill. All in Favor.

Questions were brought up as to whether District II can refuse to pay for the CPA audit done by Anderson ZurMuehlen & Co.. Barry Rakes stated that the majority of their District voted that they did not feel the need for the audit and were against having it done. Mr. Holden wanted it noted in the minutes that District II was refusing to pay for, and split a bill that was voted for by the Board of Control. Barry Rakes stated that he felt the CPA audit was brought in under false pretenses. Scott Sackman and Barry Rakes expressed that it was never brought to the Board that it would be a fraud detection audit also. They also expressed that they were satisfied with the audit that was already done earlier in the year. Mr. Rakes asked why the CPA audit cost $3,983.00 when Ric stated at that meeting it would only be $2,400.00. Mr. Holden stated that the bill was prorated, plus the cost of having it in writing. Mrs. Davis expressed that the contract that was dated the same day that Ric brought it to the Board, stated $3,000.00 not $2,400.00.

Mr. Ric Holden spoke to the members of the Board that they would have to take the CPA written report home and study it, then make decisions at the December meeting with changes in policy. The members of the Board agreed. Mr. Holden asked who was going to look into the legalities of District II not paying their portion of the Anderson ZurMuehlen & Co. bill. Mr. Mark Haas stated that they have an attorney on retainer and to use him. Ric Holden will contact Dale Hubber on the issue.

Mr. Ray Roethle stated that he is to form a subcommittee for union negotiating. Mr. Roethle appointed to the union negotiating committee, Mr. Barry Rakes, Mr. James Whitmer, Mr. Ric Holden, Mr. Doug Buxbaum, and possibly Mr. Rick Harding. Mr. Jim Finneman or Mr. Barry Rakes will ask Mr. Harding if he would like to participate in the subcommittee.

Mr. Ric Holden passed out to all present a profile of Mr. Steven Lehman for an attorney for labor law. Ric Holden stated that Mr. Lehman was recommended by Associated Employers. The services for Steven Lehman will be a retainer of $5,000.00 and $255.00 per hour. Mr. Holden stated that the retainer would have to be paid before the attorney would speak with them. Mr. Holden made a motion, seconded by Jim Finneman to hire Mr. Steven Lehman for purposed of labor issues. Barry Rakes stated that they do not have the money to hire a lawyer. He also stated that he felt they should first talk with the union before they hire an attorney. Mr. Holden stated that they can’t afford to have the attorney come to every meeting, but Buffalo Rapids does need to hire a labor attorney to deal with the union. Scott Sackman stated that they should not hire the attorney until he is needed. Ric expressed that they can’t go into a meeting unprepared. Don Buxbaum stated that he was not in favor of hiring an attorney right now. Mr. Sandy Helmuth stated that the Board needs to be careful not to make the wrong remark or the Board might be liable, or that member may be liable while they are speaking with the union. Mr. Holden stated that he felt that they need to hire Mr. Lehman right away. Barry stated again that he would like to see what the union has to say first. Mr. Holden expressed that in doing that it was a stall tactic, and they need to move things forward. Mr. Rakes expressed to Mr. Holden that he did not want District II to be drug into something that they did not agree with again. Mr. Rakes stated that he would call Mr. Ekblad or Mr. Lingerfelt of the union and speak with them and see if they could sit down with them and listen to what they had to say. Mr. Holden withdrew his earlier motion. Mr. Whitmer asked Mr. Rakes to express to the union that they were not ready to negotiate, but just listen to what they had to say.

Mr. Barry Rakes, District II President, spoke with the Board about splitting the two Districts peacefully. He stated that each District would have to have their own manager, employees etc… Mr. Rakes stated that he had spoken with the Bureau of Reclamation on the subject. He stated to the Board that the Bureau of Reclamation stated to him that they have to give District I ninety days notice of the intent to split the Districts, or if both Districts agree it could be done sooner. Mr. Don Buxbaum stated that when he had worked for the Project he had noticed that things were not treated equally between the two Districts, and he felt that is why District I producers are upset. Sandy Helmuth asked if that would make union negotiations different. Barry Rakes stated that all employees are union regardless of splitting. Mr. Ray Roethle stated that all the pipelines would have to be completed before they could split the two Districts. Mr. Whitmer was concerned that they would loose focus on the problems at hand. Mr. Holden stated that there would have to be three things considered before it can be brought up: 1) the issue has to be easily understood 2) it needs to be wanted by the producers 3) it can’t cost a lot of money. Mr. Holden didn’t feel that the issue was easily understood, and he didn’t feel that the people want it. Scott Sackman and Barry Rakes stated that the majority of the producers in their Divisions want to split the two Districts. Mr. Holden felt that he did not see any reason that the Project can’t work as a whole. Jim Whitmer stated that he would like to have some more facts. Barry Rakes stated that he brought it up to discuss it and see what the rest of the Board thought. It was discussed among Board members whether they would need all employees if they split the two Districts, or contract out labor. Mr. Holden stated that it would have to go to a vote of the people before they could split. Mr. Barry Rakes stated that they would have to definitely do that at least in District II. Mr. Holden stated that it would have to come to a vote for District I also. Mr. Rakes responded that it would only have to be approved for one District or the other, it would not have to be agreed upon by both Districts. Mr. Rakes expressed that he had spoke at length with Dick Long, Bureau of Reclamation, about the splitting of the two Districts. He stated that it could be done mutually or not mutually with ninety days notice to the other District.

Mr. Don Buxbaum brought to the Board’s attention a fax that was received from Michael K. Blend Inc. concerning Rainbow Estates located in Glendive, MT. The fax requested the District I Board to grant cancellation of all delinquent taxes, penalties and interest owed to Buffalo Rapids for the Rainbow Estates lots. On a motion made by Don Buxbaum, and seconded by James Whitmer, it was

RESOLVED: To not grant cancellation of all delinquent taxes, penalties and interest owed to Buffalo Rapids for the Rainbow Estates lots.

Motion carried.

Dave Schwarz or Pat Davis will follow through with correspondence for the motion to Michael K. Blend, Inc.

Mr. Ray Roethle stated that he is to form a subcommittee as a search committee for a new manager. Mr. Roethle appointed to the search committee, Mr. Jim Finneman, Mr. Don Buxbaum, Mr. Scott Sackman, and Mr. Larry Heimbuch.

Mr. Ric Holden revisited the compensated absences worksheet that he had presented at the annual meeting. He stated that he would call Associated Employers to take a look at the worksheet to get a basis as to where they would start when they start negotiating with the union, and what state statute reads. Mr. Finneman asked the employees if they had a punch time clock in the shop. Strad Benjamin stated that they had always filled out their time sheet and had them approved with a signature.

Mr. Ric Holden brought to the Board a revised resolution to deal with delinquent taxes and overage in case of land sale, or a prerequisite to water delivery. The revised resolution read in part that the Board hereby requires that all current and delinquent taxes and assessment and other financial obligations owing to the District, including overage must be paid as a prerequisite to water service. Mr. Whitmer expressed that he felt that the new revised resolution still did not protect Buffalo Rapids in case of overage incurred on a piece of land that sold to a different owner. On a motion made by Ric Holden and seconded by James Whitmer it was

RESOLVED: Section 87-7-1902 (4) of the Montana Code Annotated provides that the Board of commissioners of an irrigation district may require the prompt payment of all current and delinquent taxes and assessments and other financial obligations owing the district as a prerequisite to water service. The Board hereby requires that all current and delinquent taxes and assessments and other financial obligations owing to the district, including water overage, must be paid as a prerequisite to water service.

This policy is adopted and shall be entered upon the records of the Board. This policy shall be printed in a convenient form for distribution in the district.

All in Favor
Motion carried.
The secretary will mail a copy of finalized resolution to all local title companies in the area.

Mr. Srad Benjamin made a statement to the Board with issues concerning the annual meeting. Mr. Benjamin stated that he took offense to Ric Holden’s presentation on the employees of Buffalo Rapids at the annual meeting. He stated that Mr. Holden’s presentation included in the wages of the employees certain benefits, such as workman’s comp and social security that the employer is required to pay by law. Mr. Benjamin also stated that he had contacted the Department of Revenue, and the figures that he was given for average annual income were not the same as Mr. Holden presented. He stated that he was very disappointed with what was presented concerning the wages of the employees. He also stated that Mr. Holden stated that the employees threatened to strike before. He informed Mr. Holden and the Board that he had never said anything about a strike and had not heard any other employee say anything about a strike. Srad stated that Mr. Schwarz had contacted the Board about possibilities of what could happen. He stated to Mr. Holden that he did not appreciate having words put in his mouth. Strad spoke that he did not consider himself a liability to Buffalo Rapids, and thought that the employees as a whole are an asset. He expressed that things are to the point that he does no know what to do. Mr. Whitmer expressed that he appreciated his candor. Mr. Benjamin stated that if he does not stand up and say something when he doesn’t agree, it is paramount to saying that it is correct and he agrees. Strad Benjamin stated that they are dealing with people and they don’t appreciate what was presented. Mr. Barry Rakes stated that he had no idea that anything was going to be presented at the annual meeting like that, and had no knowledge of it. Barry stated that he was very upset about what was presented at that meeting, he did not think it was right, and wanted it to be noted. Lynn Wittmayer had the same feeling as Barry Rakes, and did not feel it was right to put everyone’s wages out there and handed out at the meeting. She stated that a lot of the employees they have are specialized, and their wages should not be average, but more that average. Sandy Helmuth asked if the wages and benefits included the use of heavy equipment. Strad informed Mr. Helmuth that the employees have to pay for the rental of the heavy equipment they do not get to use it for free. Mr. Benjamin stated that as a member of the Board it is their responsibility to stand up and say something if they don’t agree, because if they don’t it is saying that they do. Strad Benjamin thanked the Board for their time. Mr. Ric Holden stated that he did call an analyst to get the average annual income, and there were several different categories that had to be considered when looking into that subject. He stated that concerning the worksheet he felt that the farmers needed to know the bottom line. Mrs. Kay Braddock asked Mr. Holden if it was a little tacky to have the names included with the salaries. Mr. Holden responded no not at all, it is public information. Mark Haas asked if Buffalo Rapids is audited once a year and yearly. Many members of the Board said yes they are. Mr. Haas asked why a special auditor was brought in from Bozeman. Mr. Helmuth suggested that they use the state auditors. Mr. Rakes stated that they just had an audit done and there were no findings. Mr. Rakes also stated that it was probably a slap in the face for Mrs. Pat Davis to have a second auditor come in. Mr. Rakes spoke that the second auditor was quoted as being $2,400.00 and ended up being almost $4,000.00, and how does District II protect itself when it is being out voted every time.

Next regular scheduled meeting will be held on December 10, 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

November 03, 2009 Meeting Minutes

2009-12-10T15:55:00.000-08:00

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

October 20, 2009 Meeting Minutes

2009-12-10T15:54:00.000-08:00

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