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TRIBAL
BUSINESS COUNCIL SPECIAL MEETING 09-13-ADS I.
CALL TO ORDER: The meeting was called to order at II.
PRAYER: Barry Benson. III.
ROLL CALL: Councilman Barry Benson, Councilman Frank Whitecalfe, Councilman
Arnold Strahs (Acting Secretary), Councilman Scott Eagle, Councilman Mervin
Packineau, and Chairman Marcus Levings are present. A quorum is established. Chairman Levings
left the meeting at IV.
APPROVAL OF AGENDA: Councilman Benson add on: Osh Gosh Sowblower Joan Bird Art Work Councilman Strahs add on: Little Warriors Financial Request Councilman Whitecalfe add on: Howard Wilkinson Jr. Financial
Request Councilman Packineau add on: Arrow Winds LLC Ramona Woods Councilman Eagle add on: Malcolm Wolf Request Councilman Packineau moved to approve of the amended agenda, second
by Councilman Eagle. Discussion: Chairman
Levings reserves his add ons. VOTE: 6
Ayes Nays Motion carried. V.
Tax Commissioner: Marcus
Wells Sr. Councilman Whitecalfe moved to approve a RFP on Fiscal Year 2008
Audit for the Three Affiliated Tribes and the Enterprises, second by Councilman
Eagle. Discussion: This
is for 30 days. Treasurer, CFO, and the
Programs Analyst to meet. VOTE: 6
Ayes 0 Nays Motion carried. VI.
A. Deferred. B. Educational
Request for Letitia Wolf: Malcolm Wolf Councilman Eagle moved to approve a grant in the amount of $1,500.00
for Letitia Wolf for a Pageant Miss-Indian World in Discussion: She
is already a model. VOTE: 6
ayes 0 Nays Motion carried. VII.
Gaming Commission Report:
Mark Fox A.
Gaming Commission Quorum
Change Councilman Packineau moved to approve the Gaming Commission quorum
to be changed to four members, a resolution to be developed to the full
regulations and compacts of the Gaming Commission of the Three Affiliated
Tribes. The motion is second by Councilman Strahs. Discussion: Mark Fox and Damon Williams to get
together on this. VOTE: 6
Ayes 0 Nays Motion carried. B.
New Employees Temporary
License Councilman Whitecalfe moved to approve the 38 temporary licenses,
second by Councilman Strahs. Discussion: Every
thing is attached to show what has been completed for their background
investigation. VOTE: 6
Ayes 0 Nays Motion carried. C.
National Indian Gaming
Association Informational. D.
Employee Retirement Transition
to First National Bank, Informational. E.
Staff Restructure and
Lay-Off Councilman Whitecalfe moved to approve the February 2009 lay-off
vs. the resignation of Internal Auditor Lyda Foote, second by Councilman
Strahs. Discussion: She began
in December 2002. She was the internal
auditor for over 6 years. VOTE: 5
Ayes 0 Nays Motion carried. F.
Report Mark gave a report. G.
General Lotto Fee Councilman Whitecalfe moved to approve Mark Fox, Gaming Commission
to work with Damon Williams, TAT Legal Department on the General Lotto fee, second
by Councilman Eagle. Discussion: This
lotto is the right place to start. VOTE: 5
Ayes 0 Nays Motion carried. H.
LSA Arbitration Update. I.
NIGC and Mixed Advisory
Committee Update Update. J.
Surveillance Equipment
NVR/DVR Discussion only. VIII.
Enrollment: John
Charging/Nathanial Mayer Not present. IX.
Personnel Issue: Debbie
Staples Not presented. X.
Resolution Max James Land
Exchange: Annette Young Bird Discussion: Take
back to Natural Resource Committee to look at the amounts again. XI.
Lot/Land Exchange: Mervin
Packineau Councilman Strahs moved to approve the Joe Gillis lot and Wayne Packineau
lot purchases, based on a code (ordinance) regarding tribal land. The motion is second by Councilman
Whitecalfe. Discussion: A
1986 constitutional amendment pertaining to tribal land can be utilized for
this acquisition. The last time the
ordinance was utilized was in 2006 for the purchase of Northern lights (Fee
land) that was written by TAT Legal Department, Jennifer Fyten. A copy is needed for the secretary’s file and
one to each council member. VOTE: 5
Ayes 0 Nays 1 Abstention (MP) Motion carried. XII.
Resolution 09-034-ADS Nueta:
Clarence O’Berry Councilman Whitecalfe moved to approve to develop a resolution and
consideration for the Twin Buttes Representative, Mandaree Enterprises to take
over Nueta Nations and to take over the liability of loans, just the 8A, second
by Councilman Benson. Discussion:
Clarence is not taking the building. Treasurer
would like to see a bit of a term.
Another resolution will follow this one.
All that is being resolved is the transfer. VOTE: 5
Ayes 0 Nays Motion carried. XIII.
Small Loans: Andrew Reed Councilman Packineau moved to approve medical $48,000.00, education
$12,699.30, and personal loans $87,900.00.
The grand total for all loans is $144,599.30. The motion is second by Councilman
Whitecalfe. Discussion: The
accounts guaranteed by IIM accounts are Marvin Bell, Merna White Tail, Bryce Nagel,
and Kermit Bears Tail. Camie Gosnell is
added onto the Personal Loans for $34,000.00 and the tribe will be the lien
holder on the vehicle title and to show coverage of insurance. Andrews is to attend the next budget meeting
on VOTE: 6
Ayes 0 Nays Motion carried. A. Small Loans
Credit Union Branch Councilman Packineau moved to approve Small Loans to pursue
becoming a Credit Union branch, second by Councilman Strahs. Discussion: It
is the big loans that need to go through a bigger system. Small Loans will still stay small loans. VOTE: 6
Ayes 0 Nays Motion carried. XIV.
A.
Public Works Dept/Ft.
Berthold Rural Water Councilman Whitecalfe moved to approve of Ted Danks in the position
of Transportation Planner for Fort Berthold Rural Water, second by Councilman
Strahs. Discussion: Ted
Danks advises council that a letter should be sent from the Chairman to BIA
Roads that TAT hasn’t updated their current (ADT) average daily traffic so that
in 2010 the funding will be more adequate. VOTE: 6
Ayes 0 Nays Motion carried. 1.
Melanie Kruegar Transfer Councilman Whitecalfe moved to approve to transfer from right of
way technician to right of way supervisor, salary from $13.00 to $15.50 per
hour. The motion is second by Councilman
Strahs. Discussion: No
discussion. VOTE: 6
Aye 0 Nays Motion carried. B.
An appraisal will be obtained. C.
Project Listings Discussion only. XV.
Game and Fish Proclamation:
Fred Poitra/Damon Williams Councilman Eagle moved to approve of a 2009 Game and Fish
Proclamation, proclaiming the 2009 Tribal member fishing fees, 2009 Spring Wild
Turkey season, 2009 Wild Turkey application scheduling fees, Tribal members fishing
and boating fees increase, and Tribal members Discussion: This
was probably forth coming. VOTE: 5
Ayes 0 Nays Motion carried. XVI.
Resolution Boys and Girls
Club: Jarrett Baker/Deanne Parisian This was taken care of in yesterday’s meeting. XVII. Legal Department: Damon Williams A.
Resolution 09-036-ADS: Dr.
Meister Councilman Strahs moved to approve of a resolution entitled,
“Authorization and Approval of Consultant Contract with Analysis Group.” The motion is second by Councilman Eagle. Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried. B.
Resolution: Catherine
Vandermiere This was not presented. C.
Resolution 09-035-ADS: Lori
Pemberton Councilman Whitecalfe moved to approve of a resolution entitled,
“Authorization and Approval of Consultant Contract with Lori Pemberton for
Tribal Housing Division for 2009.” The
motion is second by Councilman Benson. Discussion: This was approved in a previous
meeting but needed a resolution number only. VOTE: 5 Ayes 0 Nays Motion carried. D.
Business Licenses Councilman Strahs moved to approve the business licenses for J
& J Quilt Shop, The Lunch Box, and Reynolds Transportation. The motion is second by Councilman Eagle. Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried. E.
Resolution: LSA This was not presented. F.
Resolution 09-038-ADS:
Travel Cards for FBRW Councilman Whitecalfe moved to approve of a resolution entitled,
“Approval of Tribal Travel Cards to Contract Employees.” The motion is second
by Councilman Benson. Discussion: One
card issued that can be authorized for Camie Gosnell to use it. It will be
classified as FBRW-Marvin Danks. This is
one card for both of them. VOTE: 5
Ayes 0 Nays Motion carried. G.
Clarification on Saddle TAT legal department receives clarification on Saddle Butte
Pipeline. XVIII. Other: A. Satrom
Travel B. Osh Kosh
Snow Blower: Barry Benson Councilman Whitecalfe moved for approval for a directive to Curt
Wells of the Roads department to contact Councilman Barry Benson in regards to
purchasing a Snow blower out of Osh Kosh, Wisconsin, Subject to the money left
over from federal funds. The motion is second by Councilman Benson. Discussion: Max
Dickens to contact Curt Wells. Due
diligence. VOTE: 5
Ayes 0 Nays Motion carried. C. Elgin Dye
Financial Request Councilman Whitecalfe moved for approval for a small loan for Elgin
Dye in the amount of $2,300.00. for vehicle repairs subject to Small Loans
policy and procedures, second by Councilman Eagle. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. D. Little
Warriors: Councilman Strahs Councilman Whitecalfe moved to approve a grant in the amount of
$900.00 to be matched by the Four Bears Casino for a total of $1,800.00 for a Cultural
Teachings class trip to Discussion: No
discussion. VOTE: 5
ayes 0 nays Motion carried. E. Financial
Request Marty Danks Motion on the floor to approve of a Tribal waiver of motor fuels
tax for Marty Danks in the amount of $394.00 for a tax refund. The motion dies. 1.
Marty Danks Motor Fuels Tax
Request Councilman Packineau moved to approve of a motor fuels Tax refund
in the amount of $394.00. The motion is
second by Councilman Benson. Discussion: During
the Public Hearing, Chairman Levings advised them that there will be one or two
per year. VOTE: 5
Ayes 0 Nays Motion carried. F. Howard
Wilkinson Jr Education Request Councilman Whitecalfe moved to approve an educational loan in the amount
of $21,000.00 to meet his unmet needs, seconded by Councilman Eagle. Discussion: This
is for the VOTE: 5
Ayes 0 nays Motion carried. G. Joan Bird
Art Work No motion. H. Arrow Winds
LLC/ Wind Energy: Pat Packineau/John Hegre Councilman Whitecalfe moved to approve to go forward with the Arrow
Winds proposal by Pat Packineau and John Hegre to be looked at by the legal
Department and to bring back to the Tribal Business Council for approval. The
motion is second by Councilman Strahs. Discussion: Councilman
Eagle to meet with Terry Frederick’s.
Councilman Packineau has nothing to do with this, this is the first time
he has heard about this. There is money
in the stimulus package for wind energy.
The White Shield study works with the Parshall area because of the angle/direction
of the wind. This is not binding, just
for legal to look at it. VOTE: 4
Ayes 0 Nays 1 Abstention (MP) Motion carried. I. Ramona
Woods (Closed Session) J. Hay/Deer:
Elmet Bruer/Tom Informational. This was
addressed in the Natural Resource meeting. K. Resolution
09-037-ADS: Protocol for Efficient Oil and Gas Development: Wilbur Wilkinson Councilman Whitecalfe moved to approve of a resolution entitled, “A
Resolution to Establish the Protocol for the Tribe and the Bureau of Indian
Affairs for the Efficient Overall Oil and Gas Development of Tribal and
Allottee Surface and mineral Owners Resources on the Fort Berthold Indian
Reservation.” The motion is second by
Councilman Eagle. Discussion: The
first, now therefore be it resolved-Part A. Submit a Development plan. Legal advises to probably adopt this as a
code. What is the purpose of this? To have the oil companies do the development
plans. Because of the Tribal councils
effort to detect it. Councilman Eagle discussed Allottee payments. VOTE: 5
Ayes 0 Nays Motion carried. L. Georgia Fox
Loan Request Councilman Packineau moved to approve of a Small Loan in the amount
of $4,800.00 for a vehicle for Georgia Fox.
The motion is second by Councilman Strahs. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. XIX.
Orville Fox/Marion Spotted
Bear Home Purchases Councilman Strahs moved to go ahead with the purchases of the
Orville Fox and Marion Spotted Bear homes at appraisal rates. The motion is second by Councilman Packineau. Discussion: The
use of these two homes is discusses. VOTE: 5
Ayes 0 Nays Motion carried. 1.
Ed Councilman Packineau moved to approve a land exchange for Ed Hall
in Twin Buttes/Parshall by old number eight highway and a home/land purchase
from Edwin and Jean Hall in Four Bears subject to appraisal. The motion is second by Councilman Eagle. Discussion: Ed
Hall would like to exchange land to get some of the family land back. VOTE: 5
Ayes 0 Nays Motion carried. XX.
ADJOURNMENT: Councilman Benson moved to adjourn the meeting, second by
Councilman Packineau. The meeting adjourned at CERTIFICATION I, the
undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort
Berthold Indian Reservation, hereby certify that the Tribal Business Council is
composed of seven (7) members of
whom (5) constitute a quorum _____were
present at the Meeting thereof duly called, notice, convened and held on the
_____day of _______________, 2009; that the foregoing Minutes were amended and
duly adopted at such meeting by the affirmative vote of _____ members;
_____members opposed; _____members abstained; _____Members not voting. Chairman ( )
Voting ( ) Not Voting Dated this
_____day of _______________, 2009. ATTEST: ______________________________
______________________________ Acting Tribal
Secretary, Arnold D. Strahs Tribal Chairman, Marcus D. Levings Tribal Business
Council, Tribal Business Council, Three Affiliated
Tribes
Three Affiliated Tribes
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