THREE AFFILIATED TRIBES

TRIBAL BUSINESS COUNCIL

SPECIAL MEETING

09-51-VJB

October 20, 2009, 10:00 A.M.

I.            CALL TO ORDER:

The meeting was called to order at 2:37 P.M.

 

II.         PRAYER:

Ramona Two Shields.

 

III.       ROLL CALL:

Councilman Scott Eagle, Councilman Mervin Packineau, and Councilwoman V. Judy Brugh are present.  Chairman Marcus Levings, and Councilman Frank Whitecalfe are on conference call.  A quorum is established.  For the record, Councilman Arnold Strahs and Councilman Barry Benson are not present.

 

IV.      APPROVAL OF AGENDA:

Two items on the agenda.

 

V.         Lease Extension, Pay-Off, Rescind and Approve Resolutions

A.    Resolution 09-160-VJB: Oil and Gas Lease Extension

Councilman Eagle moved to approve of a resolution entitled, “Approval of Letter of Intent for First Amendment(s) to Existing Tribal Oil and Gas Lease Agreements with Red Willow Production Company and Stetson Oil and Gas Limited.”  The motion is second by Councilman Whitecalfe.

 

Discussion:               For the record, Damon Williams TAT Legal and Southern Ute Tribal Council went above and beyond for the Three Affiliated Tribes.  The former Red Willow president got into a car crash and died.  The person replacing him has only been on the job for two days and assisted the Tribe with $10 million.  They have also gone above and beyond for the Tribe.  It worked out to redo the existing lease agreements and not put anymore debt on the Tribe.  Dave Williams spoke on behalf of the Joint Venture for future reference in regards to percentage of royalties.  Damon Williams and Councilman Eagle expressed thoughts regarding the arbitration.  Councilwoman Brugh comments in concern that this agreement was entered into in good faith and for fair pricing per acre.    

VOTE:                        5 Ayes 0 Nays Motion carried.

 

B.    Pay-Off of Garnishments by Wells Fargo

Councilman Eagle moved to approve the TAT CFO, TAT Legal, 4 Bears Casino General manager, and 4 Bears Casino CEO to take care of the pay-offs for Wells Fargo Garnishment on TAT Accounts with Bank of the West and Lake Side State Bank for the LSA Lawsuit.  The motion is second by Councilwoman Brugh.

 

Discussion:               It is felt that Wells Fargo can’t get away with what is happening regarding the LSA Agreement.  TAT will go with a new legal counsel.  Every account has money in it, they just wanted us to feel some pain and suffering.  It was with good graciousness that the casino had a little bit of money to help with some of the people’s medical, death, and hardship needs during the garnishment.  Damon Williams expresses his feelings on the whole Wells Fargo deal.           

VOTE:                        5 Ayes 0 Nays Motion carried.

 

C.    Rescind Resolution 09-154-VJB

Chairman Levings moved to approve to rescind resolution 09-154-VJB entitled, “Directive to the Office of Trust Fund Management to Make Available for Draws by the Three Affiliated Tribes Interest Earnings from the Three Affiliated Tribes Economic Recovery Fund in the Amount of $1,593,000.00.”  The motion is second by Councilwoman Brugh.

 

Discussion:               No discussion.

VOTE:                        5 Ayes 0 Nays Motion carried.

 

D.    Resolution 09-161-VJB: JTAC Draw

Councilman Whitecalfe moved to approve of a resolution entitled, “Directive to the Office of Trust Fund Management to Make Available for Draws by the Three Affiliated Tribes Interest Earnings from the Three Affiliated Tribes Economic Recovery Fund in the Amount of $1,593,000.00.”  The motion is second by Councilman Eagle.

 

Discussion:               No discussion.               

VOTE:                        5 Ayes 0 Nays Motion carried.

 

VI.      ADJOURNMENT:

Councilman Eagle moved to adjourn the meeting, second by Councilwoman Brugh.

 

The meeting adjourned at 3:27 P.M.

 

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. Judy Brugh                                                  Tribal Chairman, Marcus D. Levings

Tribal Business Council,                                                              Tribal Business Council,                           

Three Affiliated Tribes                                                                 Three Affiliated Tribes