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TRIBAL
BUSINESS COUNCIL REGULAR MEETING 09-46-VJB I.
CALL TO ORDER: The meeting was called to order at This is meeting 159 of the Wells-Levings administration. II.
PRAYER: Bryon Brady. III.
ROLL CALL: Councilman Barry Benson, Councilman Frank Whitecalfe, Councilman
Arnold Strahs, Chairman Marcus D. Levings, and Councilwoman V. Judy Brugh are
present. A quorum is established. Councilman
Mervin Packineau arrived at IV.
APPROVAL OF AGENDA: Add-ons: Chairman Levings: Game and Fish: Fred Poitra Frank Whitecalfe: VI. B. 5. Dustin Ward Medical Request Chairman Levings: Education VI. B. 6. Councilman Whitecalfe moved to approve of the amended agenda,
second by Councilman Strahs. Discussion: Mary
Elis Wells will be presenting for Donna Poitra.
Personnel and 4 Bears Casino will be moved up. VOTE: 5
Ayes 0 Nays Motion carried. V.
CHAIRMANS REPORT: Marcus Levings A.
Federal Programs Executive
Officer Report: Camie Gosnell This was not presented. B.
CEO Report: Terry Red Fox 1.
Report Terry gave a report. 2.
Satrom Travel Tour as TAT
Travel Agent Councilman Whitecalfe moved to approve TAT to go with Satrom Travel
Tours as travel agent, second by Councilwoman Brugh. Discussion: Frequent
flyer miles are to be used as a bereavement travel fund. Terry is to get the terms to the Executive
Secretary and the Treasurer. VOTE: 7
Ayes 0 Nays Motion carried. C.
Program Analyst: Izetta
Fernandez This was not presented. D.
Resolution: Health Services
to Non-Natives: Jim Foote This was not presented. VI.
TREASURERS REPORT: Mervin Packineau A.
Financial Report: Lenny
Abrams This was not presented. B.
Small Loans: Andrew Reed All Small Loans are deferred. 1. Loan
Request: 2. Home Loan:
Jamie Thonphet 3. Home Loan:
Misty McKay 4. Loan
Request: Charles Blake 5. Medical
Loan Request: Dustin Ward 6. Education
Loans C.
All Independence Loans are deferred. 1. Welding
Repair Shop Business Plan: Tracy Lewis 2.
Painte’s Auto Repair Business: Donald Painte Sr. D. Requests: 1. Home
Request: Christine Ross She did not present. 2. Loan or
Grant Request: Jeff Baker He did not present. 3. Request for
Repairing Sweat for Boys & Girls Club/Public: Sadie Mann She did not present. 4. Financial
Request: Rollie Knight He did not present. 5. Education
Request: Garrett Smith He did not present. 6. Switches
& Cabling for He did not present. 7. Medical
Request: Dustin Ward Councilwoman Brugh moved to approve of a small loan in the amount
of $5,000.00, second by Councilman Whitecalfe. Discussion: This
will be co-signed by Councilman Whitecalfe.
VOTE: 7
Ayes 0 Nays Motion carried. 8. Medical
Request for Mikki Alcon Newborn Councilman Benson moved to approve an emergency medical grant in
the amount of $500.00 for Mikkie Alcon and Newborn baby, second by Councilman Eagle. Discussion: The baby
was born without a cranial cap and will be taken to VOTE: 6 Ayes
0 Nays Motion carried. 9. Mark Little
Owl Home Deposit Councilman Benson moved to approve a wage deduction for Mark Little
Owl for a move in deposit with Tribal Housing for a home in Northern lights
Subdivision in the amount of $126.92 per pay period for 26 pay periods to total
the amount of the deposit of $3,300.00.
The motion is second by Councilman Eagle. Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried. VII.
COUNCIL ANNOUNCEMENTS/COMMITTEE
REPORTS: A.
Executive Committee Reports 1. 4 Bears
Casino Report: Spencer Wilkinson Jr. 11:39 A.M. Councilman Eagle moved to approve of the 4 Bears casino Report, second
by Councilman Strahs. Discussion: The pow
wow is discussed. Four bears Pow Wow
committee had requested to do the pow wow outside. The Amphitheatre was created for
everybody. There will be three outdoor
pow wows. Speed bumps are requested like
the ones at the pow wow. VOTE: 6 Ayes
0 Nays Motion carried. 2. Gaming Commission Report: Mark Fox a. Key/Non-Key
Temporary Licenses Councilman Packineau moved to approve of the 17 key and non-Key
temporary licenses, second by Councilman Strahs. Discussion: Are the
numbers down for jobs? There are jobs. No felonies can work at the casino. VOTE: 6 Ayes 0 Nays Motion carried. b.
Retirement Account Pay-out
for Mark Fox Councilman Packineau moved to approve to pay-out Mark Fox’s
retirement account, second by Councilman Whiteccalfe. Discussion: No discussion. VOTE: 7 Ayes 0 Nays Motion carried. c.
Report Mark gave a report. 3. Enrollment: John Charging He did not present. 4. Personnel: Barlow Wells, Human Resource
Director (Closed Session) See personnel action forms. B.
Economic/Education
Committee: Scott Eagle 1. American Recovery Reinvestment Act Grant: Sara Young Bird Councilman Eagle moved to approve the American Recovery
Reinvestment Act Grant for Headstart in the amount of $85,168.00, second by
Councilman Strahs. Discussion: No discussion. VOTE: 5 Ayes
0 Nays Motion carried. 2. Minutes 7-31-09-I 7-31-09-II 8-18-09-I Councilman Packineau moved to approve seven sets of minutes subject
to review and corrections, second by Councilman Strahs. Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried. C.
Health Committee: V. Judy
Brugh 1. Health Threat with New Homes: Verlee
Whitecalfe-Saylor She did not present. D.
Judicial/Human Resource
Committee: Mervin Packineau 1. Child Support Approval on Proposed Budget:
Ellen Wilson She did not present. 2. Social Service Finance Memo: Renae Mayer This is forwarded to the September 21st
continuation meeting. 3. Resolution
09-140-VJB: Qualified Expert Witness: Katherine Felix, LSW Councilman Eagle moved to approve of a resolution entitled, “Designation
of Qualified Expert Witnesses in ICWA cases.”
The motion is second by Councilman Packineau. Discussion: Twin
Buttes may have more expert witness to add to the list. VOTE: 7
Ayes 0 Nays Motion carried. 4. Request for
Additional Program Funds for VocRehab: Misty Houle/Leo Lockwood Councilman Eagle moved to approve the request for additional
funding for VocRehab in the amount of $12,000.00 for salaries, second by
Councilman Strahs. Discussion: If by VOTE: 5 Ayes 0 Nays Motion carried. 5. Vehicle Transfer from Property to Program
Consumer: Misty Houle/Leo
Lockwood This was not presented. 6. Richard
Meyer Honored for the 2009 Best of Parshall Award by the He is presented with a monetary gift and a Pendleton. E.
Natural Resource Committee:
Barry Benson 1. EPA: Elton Spotted Horse a. Four Bears Clean-up: Elton Spotted
Horse Elton did not present this. b. Resolution 09-139-VJB: Browns Field
Grant Assessment on Reservation: Elton Spotted Horse/Lyle Gwin Councilman Packineau moved to approve to go ahead on the Browns
Field investigation, Councilman Packineau withdraws his motion. Councilman Packineau moved to approve of a resolution entitled,
“Approval of Consultant Agreement with IECOIS Group for Brownfield
Investigation/Cleanup and Planning Services.”
The motion is second by Councilman Whitecalfe. Discussion: This
is a consultant contract. The amount is
$40,000.00. VOTE: 7
ayes 0 Nays Motion carried. 2. FBRW Water Quantification Proposal: Marvin
Danks Councilman Packineau moved to approve a letter of support for
Katherine Vandermere to seek budget funding in the amount of $239,200.00 for
water quantification, second by Councilman Whitecalfe. Discussion: She
had a vision that she was to help the Three Affiliated Tribes. She gave a blanket made by her tribe to our
tribe. It will be put in the glass case
in the Tribal chambers. VOTE: 7
Ayes 0 Nays Motion carried. 3. Resolution: Lease 23.34 Fee land Acres to
Marathon Oil
Company-Berverly Hall This was passed in a previous meeting. 4. Fish & Game Proclamation: Fred Poitra, Fish
& Game Director 11:20 A.M. a.
Tribal Business Council Elk
Tag Councilman Packineau moved to approve the Tribal Business Council
the opportunity for an Elk tag, second by Councilman Whitecalfe. Discussion: The
cost is $300.00 for the TBC members. VOTE: 4 Ayes 1 Nays Motion carried. b.
Eight Fish & Game
Proclamations Councilman Packineau moved to approve of the eight Fish & Game
Proclamations, second by Councilman Whitecalfe. Discussion: Amendment
to the deer Gun proclamation of 50/50 Doe to Buck Ratio. No flushing deer off of the reservation. VOTE: 6
Ayes 0 Nays Motion carried. VIII.
LEGAL: Damon Williams/Diane Avery A.
Resolution 09-142-VJB: Personnel-Damon
K. Williams Contract Renewal (Closed Session) B.
Personnel-Prosecutor This was not presented. C.
Resolution 09-143-VJB: Councilman Whitecalfe moved to approve of a resolution entitled, “Road
Maintenance for the Parshall Bay Subdivisions to be provided by The Three
Affiliated Tribes, Tribal Road Department.”
The motion is second by Councilman Packineau. Discussion: No
discussion. VOTE: 7
Ayes 0 Nays Motion carried. D.
Resolution: Tribal
Prevailing Wage Rate This was not presented. E.
Resolution 09-141-VJB:
Michael Frank as Financial Advisor Councilman Packineau moved to approve of a resolution entitled,
“Approval of Michael Frank to Serve as Financial Advisor for Proposed 4 Bears
Casino and Lodge Hotel Expansion.” The
motion is second by Councilman Strahs. Discussion: Michael
discussed the refinery. VOTE: 7
Ayes 0 Nays Motion carried. F.
Michael Frank as Advisor on
the LSA Agreement/Totten Lien Councilman Packineau moved to approve to hire Michael Frank as
financial advisor for the LSA Agreement and Totten Lien, second by Councilman
Whitecalfe. Discussion: As
long as the Treasurer is comfortable with it.
Michael is thanked for helping Mandaree Electronics get a loan when they
need one. VOTE: 7
Ayes 0 Nays Motion carried. G.
Liquor License for Ed’s Bar Councilman Packineau moved to approve of a Liquor License for Ed’s
bar, second by Councilman Strahs. Discussion: The
community Board would like for the entrepreneur not to bypass them. The spot that it sits is a danger because of
the traffic. Support for economic
development is felt. VOTE: 5
Ayes 1 Nays 1 Abstention Motion carried. H.
Two Week Grants for Tourism:
Sue Romero 4:49 Councilman Whitecalfe moved to approve of two North Dakota Grants
for TAT Tourism in the amount of $50,000.00 each, second by Councilman Eagle. Discussion: The
letters of intent are being faxed. VOTE: 7 Ayes 0 Nays Motion
carried. IX.
NEW BUSINESS: A.
Discussion only. B.
EAC Request for Extension
and Referendum on Refinery: Elise Packineau/Candy Mossette A motion is entertained to approve an extension for comment period
on the Environmental Impact Statement and to approve of a referendum. No action taken. C.
Personal Business: Donna
Poitra/Mary X.
OLD BUSINESS: A.
House Removal: Katherine
Young Bear She did not appear to present. XI.
ADJOURNMENT: Councilman Strahs moved to adjourn the meeting, second by
councilman Eagle. 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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