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TRIBAL
BUSINESS COUNCIL REGULAR MEETING 09-38-VJB I.
CALL TO ORDER: The meeting was called to order at This is the 151st meeting of the Wells-Levings
administration. II.
PRAYER: Father Steven Kranz. III.
ROLL CALL: Councilman Arnold Strahs, Councilman Mervin Packineau, Councilman
Scott Eagle, Chairman Marcus Levings and Councilwoman V. Judy Brugh are
present. A quorum is established. For the record, Councilman Barry Benson
arrives at Chairman Levings left the meeting at IV.
APPROVAL OF AGENDA: Scott Eagle-North Segment Water VIII. E TRIAD VIII
C. 3 Marcus Levings-Elders Organization Education
Loans VII. C. 2 Councilman Packineau moved to approve of the amended agenda, second
by Councilman Strahs. Discussion: The
rest of the Tribal Council reserves their add–ons. VOTE: 5
Ayes 0 Nays Motion carried. V.
APPROVAL OF MINUTES: Councilman Packineau moved to approve of the above minutes subject
to review, second by Councilman Strahs. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. VI.
CHAIRMANS REPORT: Marcus D. Levings A.
Federal Programs Executive
Officer: Camie Gosnell Deferred. B.
CEO: Terry Red Fox Terry gave an update. C.
Programs Analyst: Izetta
Fernandez She had a few words to say regarding the FPEO and CEO working
together well. D.
Elbowoods Healthcare Facility:
Jim Foote Jim gave an update. VII.
TREASURERS REPORT: Mervin Packineau A.
Chief Financial Officer:
Lenny Abrams He gave an update. The
Tribal Business Council will look things over and get back to him if they have
any questions. B.
Child Support Approval on Proposed
Budget: Ellen Wilson This will need to be forwarded from the legal department to the
Executive Secretary office for the next Tribal Business Council meeting to
receive a number. C.
Small Loans Department:
Andrew Reed, Director 1.
Small Loans A report was given. 2.
Education Loans Councilman Eagle moved to
approve of education loans in the amount of $81084.30, second by Councilwoman
Brugh. Discussion: To Include Charlie Fox for
$7,200.00 for Education, Shontae Everette for $850.00 for Education, Heather Crystal
Everette and $2,400.00 for Kim Abbey. A
question from council is the board approving these? The board consists of Andrew Reed, Leo
Cummings, and Martha Hunter. Martha’s
policies and Andrew’s policies need to get together and make it uniform. 4% reduced interest was adopted by the Tribal
Business Council. There are other
entities that can help with some of the requests. The idea is to get together on this to come
up with a plan to help get the Small loans under control so that all can be helped
across the board. Alyssa
Alberts-$10,000.00, Levi Chapin-3000.00, Preston Freeman-$3,000.00, Katherine
Young Bear-$5,435.00, Kristen Freeman-$3,500.00, Sterling Reed-$4,000.00, Twila
Reed-$2,000.00, Ty Hall-$2,000.00, Angel Starr-$2,000.00, Lisa Jefferson-$2,000.00,
Carol Reed-$2,000.00, Danni Jo Perkins-$2,000.00, Lexi Taft-$8,699.30,
Nathaniel Packineau-$5,000.00, Neil Packineau-$8,000.00, Crystal Fox-$2,000.00,
and Russell Dixson-$1,500.00. This is
subject to availability of funds. VOTE: 6
Ayes 0 Nays Motion carried. D.
This was not presented. E.
Business Proposal: Sherman
Sierra, Pete Coffey, & Tony Mandan They presented a proposal. F.
Financial Requests: 1.
Educational Financial
Request: Kim Reynolds This was approved under Small Loans. 2.
Loan Request: Ervin &
Maggie Halvorson Councilman Benson moved to approve a loan in the amount of
$33,500.00 total for a home loan and a personal loan, second by Councilwoman
Brugh. Discussion: Ervin
Halvorson (co-signed by Maggie Halvorson) is to receive $3,500.00 for skirting
etc. and Maggie Halvorson is to receive $30,000.00 to be paid back by Maggie
Halvorson IIM Account. This is subject
to the availability of funds. VOTE: 5 Ayes
1 Nays Motion carried. 3.
Church Renovation Request:
Norman Standish/Elise Packineau Councilwoman Brugh moved to approve a financial request in the
amount of $5,405.48 for the Discussion: Subject to availability of
funds. VOTE: 6 Ayes 0 Nays Motion carried.
4.
Medical Loan Request:
Courtney Schoppert Councilman Eagle moved to approve of a $20,000.00 ($5,000.00
quarterly) medical loan for Courtney Schoppert for her daughter’s therapy needs.
The motion is second by Councilman Benson. Discussion: The
first payment to the therapy company is due VOTE: 6
Ayes 0 Nays Motion carried. 5.
Sponsorship of World
Softball League TC Wolves: Wayne Bradley Councilwoman Brugh moved to
approve of a 50/50 sponsorship match in
the amount of $2048.00 to 4 Bears Casino and the Three Affiliated
Tribes for four tribal members traveling to the World Softball League in
Discussion: The tribe will provide a flag, patches and caps with TAT Logo for the
team. The flag will have to be returned to the Three Affiliated Tribes
when they return.
VOTE: 6
Ayes 0 Nays Motion carried. 6.
Moving Financial Request:
Tracy Lewis This was not presented. 7.
Educational Request for Son:
Juanita Helphrey This was not presented. 8.
Retirement of Title Financial
Request: Alyssa Alberts Councilman Strahs moved to approve a grant for Alyssa Alberts in the amount of $2,500.00 to retire her Miss
Indian Nations XVI crown during United
Tribes Pow Wow, second by Councilman Eagle. Discussion: She represented the VOTE: 6
Ayes 0 Nays Motion carried. 9.
Medical Request: Ella Mae
Linder This was not presented. 10.Home Moving Request: Katherine Young Bear Katherine is to get estimates then to come back to the full
TBC. She is to check with Huwe House movers and with Jackie Jackson in H.I.P. She is to get a time line when to
have the house off the land. Ben Lovan is in the same situation. Councilman Strahs moved to approve Diane
Avery to work with Katherine Young Bear and the H.I.P program on getting the home moved and Izetta Fernandez will coordinate. The motion is second
by Councilman Eagle. Discussion: No discussion. VOTE: 6
Ayes 0 Nays Motion carried. 11.
Language Revitalization Education
Request: Dancing Eagle Perkins/Brad Kroupa Councilwoman Brugh moved to approve a loan in the amount of
$40,000.00 each for Dancing Eagle Perkins and Brad Kroupa for Arikara Language
Reclamation Project at Discussion: Higher
Ed priority is for the undergraduates.
This is his 4th year.
The national park service has language preservation grants. VOTE: 6
Ayes 0 Nays Motion carried. 12.Home Loan Request: Jeff Roszell Councilwoman Brugh moved to approve a FEMA trailer home for Jeff
Roszell that is in the Frucon building that was originally designated for a
police officer, second by Councilman Packineau. Discussion: The
footings, foundation, Skirting, etc. still needs to be paid for with a cost of
approximately $15,000.00. Are there any
apartments open in Brooks Heights? There
is a need for Law Enforcement housing. This
is subject to the availability of funds. VOTE: 5
Ayes 0 Nays 1 Abstention Motion carried. 13.Lyda Foote IIM Loan Councilman Eagle movedto approve of a loan or Lyda Foote for
$36,000.00 plus the $4,000.00 (received) based on being paid back by her IIM
account with a ketterling hold in place and on the availability of funds. The motion is second by Councilman Packineau. Discussion: She
has more than adequate funds to make a short turnaround payment. A person with
strong accounting skills is needed in the Small Loans Department. A loan needs to be paid off before another
loan can be made. The Small loans
repayment issue of people making loans on top of loans and the ketterling hold
is discussed. The Small loans department
took on a life of its own because of the bonuses. A suggestion is to completely close the Small
Loans Department for about two weeks.
Some oil production out there would help alleviate Small Loans. VOTE: 6
Ayes 0 Nays Motion carried. 14.LeAnn Nation Personal Loan Councilwoman Brugh moved to approve a personal loan in the amount
of $3,000.00 for LeAnn Nation second by Councilman Eagle. Discussion: This
is subject to availability of funds. VOTE: 6
Ayes 0 Nays Motion carried. 15.Joan Fredericks/Keith Smith Home Loan Councilman Eagle moved to approve of a loan in the amount of
$90,000.00 for motion dies due to lack of second. Councilman Eagle moved to approve to pay off a home loan in the
amount of $82,000.00 with City Financial, with collateral of IIM Account, home title,
and their retirement. A wage deduction
will be set up with a payment of approximately $800.00 per month. This is subject to availability of funds. The motion is second by Councilman Packineau. Discussion: They
are to look for other financing avenues to pay off the loan before making a
small loan. The appraisal is included. VOTE: 5
Ayes 1 Nays Motion carried. 16.Lorry Alberts Personal Loan Councilman Eagle moved to approve a student loan classified as a
personal loan in the amount of $10,000.00 for Lorry Alberts to pay off a
student loan. The check is to be made
out directly to SLND Lender. Her pension
plan is collateral. The motion is second
by Councilwoman Brugh. Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried. 17.Barbara Smith Paul Medical Loan Councilman Eagle moved to approve f a Medical loan in the amount of
$1,500.00 for Barbara Paul for a medical trip to Discussion: No
discussion. VOTE: 6 Ayes0 Nays Motion carried. 18.Miranda Phelan Wedding Loan Councilwoman Brugh moved to approve of a personal loan for Miranda
Phelan in the amount of $3,500.00 for her wedding. The motion is second by Councilman Eagle. Discussion: No
discussion. VOTE: 6 Ayes 0 Nays Motion carried. 19.Loan Request: Kyle Mandan Councilwoman Brugh moved to approve of a loan for Kyle Mandan in
the amount of $3,000.00, second by Councilman Benson. Discussion: He
is looking for employment and would be a good asset. Twin Buttes CHR is discussed. VOTE: 6
Ayes 0 Nays Motion carried. VIII.
COMMITTEE REPORTS: A.
Executive Committee: Marcus
Levings 1.
4 Bears Casino Report: Spencer
Wilkinson Jr. This was not presented. 2.
Gaming Commission Report:
Mark Fox a.
31 Key/Non-Key Employee
Licenses Councilwoman Brugh moved to approve of 31 key and Non-Key temporary
licenses (5 key & 12 non-key for July, 6 key & 8 non-key for August) for
the 4 Bears Casino, second by Councilman Strahs. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. b.
Report Mark gave a report. c.
Non Profit Swim Pledge Labor
Day Weekend Councilman Benson moved to approve a pledge for $500.00 per swim
length each time Mark Fox swims the length, not to exceed $3,500.00. This is for nonprofit fund raising.The Motion
is second by Councilman Strahs. Discussion: The
length is almost the length of the bridge. VOTE: 6
Ayes 0 Nays Motion carried. 3.
Enrollment 09-123-VJB: John
Charging Councilman Benson moved to approve of a resolution entitled, “176
Eligible Enrollment Applicants.” The
motion is second by Councilman Eagle. Discussion: There
will be a housing meeting open August 19th at VOTE: 4
Ayes 1 Nays 1 Abstention Motion carried. 4.
Personnel: Barlow Wells This was not presented. 5.
Resolution 0-125-VJB:
FY-2010 Community Service Block Grant: Norma Staples Councilwoman Brugh move to approve of a resolution entitled, “ Authorization of FY 2010 Community Services
Block Grant Application Submission to the Office of Community Services, U.S.
Dept. of Health and Human Services.” The
motion is second by Councilman Strahs. Discussion: This is
a routine renewal. VOTE: 6 Ayes
0 Nays Motion carried. B.
Judicial/Human Resource
Committee: Mervin Packineau 1.
Monolithic Dome
Reconnaissance: Cliff Whitman A Presentation was given by
John Mercer on Dome Shelters. 2.
Resolution 09-124-VJB:
Alcohol, Tobacco, & Other Drug Prevention Boys & Girls Club: Coby Rabbithead Councilman Eagle moved to approve of a resolution entitled, “Assessing
community readiness to respond to alcohol, tobacco and other drug use among
adult and youth on the Fort Berthold Reservation.” The motion is second by Councilman Strahs. Discussion: The
assessment is discussed in length and there will be a $50.00 stipend. She is going or 100 per segment. VOTE: 6
Ayes 0 Nays Motion carried. C.
Economic Development/Education
Committee: Scott Eagle 1.
Joint Venture Agreement:
Dave Williams Councilman Eagle moved to approve Dave Williams to work with Fred
Fox in the energy Department to pursue the exploration of leases for the
potential of getting them back to the tribe.
The motion is second by Councilman Strahs. Discussion: They are to work with Horace Pipe,
Geologist. Horace has a lot of information
gathered. VOTE: 5
Ayes 0 Nays Motion carried. 2.
This was not presented. 3.
TRIAD Oil Refinery: Horace
Pipe (Closed Session) D.
Health Committee: V. Judy
Brugh This was not presented. E.
Natural Resource Committee:
Barry Benson 1.
This was not presented. 2.
Septic Tank/Drain Fill for
Hope Fragoza: Johnson Excavating Councilman Packineau moved to approve the payment in the amount of
$13,500.00 to Myron C. Johnson, Johnson Excavating for work on the Septic
Tank/Drain Fill for Hope Fragoza, second by Councilwoman Brugh. Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried. 3.
Two Home Councilman Eagle moved to approve to purchase two homes from Jerry
Nagel in the amount of $65,000.00 each for a grand total of $130,000.00. This is subject to TAT Legal Department
verifying a clear title. The motion is
second by Councilwoman Brugh. Discussion: A
resolution to be brought back to TBC. VOTE: 6
Ayes 0 Nays Motion carried. 4.
Resolution: This was not presented. 5.
USDA: James Johnson/Wilbur
Wilkinson a.
Resolution 09-126-VJB: BIA
to Councilman Packineau move to approve 540 acres returned back to James Johnson by resolution to be drawn up
for the Superintendent of the BIA. This is subject to Jen Fyten concurrence and legal review.The motion is second by
Councilman Strahs. Discussion: This will authorize the superintendent to complete the transaction. This will be the first fully resolved 747 claim.
There are 28 in this process he will be the first to complete it and made whole. This will be reviewed by the Executive Secretary and given a number. The reserved number is 09-126-VJB. VOTE: 5
Ayes 0 Nays Motion carried. b.
Claimants to apply for
Shakopee Donation Councilman Packineau moved to approve Special projects to be Dominick Silletti and to bring back a
resolution authorizing claimants to
file for a donation of $250,000.00 with Shakopee in Minnesota. The
motion is second by Councilman Eagle. Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried. 6.
Honoring of Employees:
Natural Resource Department a.
A plaque and a monetary gift were given to him. A few words of congratulations are given by
Councilman Eagle, Councilman Packineau and Chairman Levings. b.
Fred Poitra 2009 Native
American Fish & Wild Life Conservation Officer of the Year Award Honoring Pendleton’s and monetary gift are given. The letter of nomination is read by
submitter, Annette Young Bird Natural Resource Director. The plaque he won is read. Councilman Eagle, Chairman Levings, Councilwoman
Brugh, Councilman Strahs, and Annette Young Bird Natural Resource Director say
a few words in honor of Fred. c.
Calvin Grinnell Recognition
for Governor Appointing Grinnell to State Historical Board Blanket and monetary gifts
are given. d.
John Bearstail Councilman Eagle moved to
approve of a merit award for job performance in the amount of $500.00 and
severance pay $600.00 x 5 years for a total of $3000.00
(minus taxes). The motion is second by Councilwoman
Brugh. Discussion: He
resigned and is going back to school. VOTE: 5 Ayes 0 Nays Motion carried. e.
Fred Fox Councilwoman Brugh moved to
approve a merit award in the amount of $500.00 for job accomplishments
requested by Natural Resource Director for Fred
Fox. The motion is second by Councilman Benson. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. 7.
North Segment Water
Agreement: Scott Eagle/Steve Kelly a.
40 Acre Land Purchase for
North Segment Councilman Benson moved to approve the purchase of 40 Acres from Silver Line Properties, LLC. for North
Segment for development in the amount of $140,000.00. The funds to come from 4 Bears Casino as an additional
amount added to the distribution to the Three Affiliated Tribes. The funding is
subject to 4 Bears Casino management working it through with the TAT Treasurer
and CFO. The Proceeds from North Segment water sales is to pay back the
$140,000.00. The motion is second by Councilman Eagle. Discussion: The share of funds North Segment will make form the 50/50 with Steve Kelly, Trust
Land Oil Services will be approximately $200,000.00 so the land purchase can be paid back within one year.
Acre footage and more wells are discussed. (Small Loan Department $2 million offer to buy as a
marketable package is discussed with Steve Kelly). VOTE: 5
Ayes 1 Nays Motion carried. 8.
Amendment to a Permit: Dennis
Fox/ Steve Kelly Discussion: The discussion
is to make two amendments to the permit. 1. Commercial/Industrial use change. 2. Annual water
required from 100 acre feet to 400 acre feet. 9.
EPA Clean Up Salary Approval Councilman
Eagle moved to approve the salaries in the amount of $16,000.00 for the
clean-up of Discussion: Councilman Eagle is given authority
if it has to come out of the district. VOTE: 5 Ayes 0 Nays Motion carried. 10.Resolution 09-127-VJB: Councilman Strahs moved to approve of a resolution entitled, “Three Affiliated Tribes Request to the
Secretary of Interior to Acquire certain Tribal Fee Lands in Trust Status
for the Three Affiliated Tribes pursuant to Section 5 of the Indian Reorganization
Act and 25 CFR Part 151. For the Hidatsa Hills Housing Subdivision.” The motion is second by Councilman Eagle. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. IX.
LEGAL A.
Damon K. Williams Attorney
Contract This will be taken care of when Damon returns. B.
Resolution 09-122-VJB:
Probate Code Councilman Brugh moved to approve to the resolution entitled,
“Disclaimer of trust personalty in favor of Theodora Mary Hale Star, Tribal
Identification No.: 301UO01256; DOB: 04.03.1941; Social Security No.:
502-48-8244.” The motion is second by Councilman
Strahs. Discussion: This
will have to be forwarded to Heath Knight for proper water marking. VOTE: 5
Ayes 0 Nays Motion carried. C.
Resolution: This was taken care of in a previous meeting. D.
Conklin Vs. TAT: E.
Secretarial Election 1.
Elders Organization Secretarial
Election: Donna Morgan/Ramona Two Shields This was discussion only. 2.
Resolution Secretarial
Election: Jen Fyten A meeting with Howard Beamer will have to be set up. X.
OLD BUSINESS: Meeting called back to order at A.
2010 Census Bureau: John
Lytle Discussion only. XI.
NEW BUSINESS: A.
Spiritual Message
Conveyance: Clarine Packineau She delivered her message. B.
Housing Issue: Diane Finley This was not presented. C.
Verbal Presentation: Cesar
Alvarez He gave a thank you presentation. Tony Mandan sang him an honor song.
Councilwoman Brugh gave him a star quilt. XII.
ADJOURNMENT: Councilwoman Brugh moved
to adjourn the meeting, second by Councilman Strahs. 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: ______________________________ ______________________________ Tribal Secretary,
V. Tribal Business
Council, Tribal Business Council, Three Affiliated
Tribes Three Affiliated Tribes
.
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