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THREE
AFFILIATED TRIBES TRIBAL
BUSINESS COUNCIL REGULAR MEETING 09-59-VJB I.
CALL TO ORDER: The meeting was called to order at This is meeting #173 of the Levings administration. II.
PRAYER: Kim Abbey. III.
Councilman Arnold Strahs is present on conference call. Councilman Mervin Packineau, Councilman Scott
Eagle, Councilwoman V. Judy Brugh, and Chairman Marcus Levings are
present. A quorum is established. For the record, Councilman Frank Whitecalfe
and Councilman Barry Benson are not present.
IV.
APPROVAL OF AGENDA: Councilman Packineau: Charles Bearstail Financial Request New
Business Councilman Packineau: James Baker IPA Graduate Honorarium New Business Councilman Eagle: Resolution: Councilwoman Brugh: John Danks Allot tee Association New
Business Councilman Packineau moved to approve of the amended agenda,
second by Councilman Eagle. Discussion: The
rest will reserve their add-ons.
Chairman Levings adds TAT Legal Damon Williams to VI. D. VOTE: 5
Ayes 0 Nays Motion carried. V.
APPROVAL OF MINUTES: Councilman Packineau moved to approve a blanket motion for four
sets of minutes, subject to review by other Council members. The motion is second by Councilwoman Brugh. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. VI.
CHAIRMANS REPORT: Marcus Levings A.
Federal Programs Executive
Officer: Camie Gosnell She did not present. B.
Chief Executive Officer:
Terry Red Fox Discussion: The
council would like to know what the Program Analyst, FPEO, and CEO are going to
be doing in the New Year in the form of a report. C.
Programs Analyst: Izetta
Fernandez She did not present. D.
Legal: Damon Williams 2:20 1. Resolution 09-191-VJB: Renewal of Oil and
Gas Tax Agreement between TAT & ND 2:59 Councilman Packineau moved to approve of a resolution entitled,
“Approval of Renewal of the Oil and Gas Tax Agreement between the Three
Affiliated Tribes and the State of North Dakota.” The motion is second by Councilman Eagle. Discussion: This
is not in stone. We could end it at any
time. We waited for 12 months since the
last time. This is a renewal of the
existing agreement except there is no term on it. VOTE: 5
Ayes 0 Nays Motion carried. 2. Resolution 09-190-VJB: Councilman Eagle moved to approve of a resolution entitled, “Authorization
to Proceed with Preparations for Potential Litigation over Outstanding Legal Claims: Northeast Quadrant Lost Royalties & Taxes
and Ownership of the Missouri Riverbed within the Fort Berthold Reservation.” The motion is second by Councilman Packineau. Discussion: We
will do the litigation and then move back towards the claims. Are we limiting area to production? We could put all lands on the
reservation. It could go back as far as
allotments and homesteading. VOTE: 5
Ayes 0 Nays Motion carried. 3. Resolution 09-192-VJB: Cirque Resources
L.P. Lease Councilman Eagle moved to approve of a resolution entitled, “Approval
to lease 20 Acres of Lands located in Discussion: $500.00
is in question to ask for more, but because of the 20% royalty it is felt $500
is good. Amendment to the resolution is
for a 3 year lease and not a 5 year lease.
This is with a $2.50 delayed rental per acre. This is south of Parshall. VOTE: 5
Ayes 0 Nays Motion carried. 4. Resolution 09-193-VJB: Simray Oil and Gas Lease Councilman Strahs moved to approve of a resolution entitled, “Approval
to lease 320 Acres of Lands located in Discussion: Three
year lease, $800.00 bonus per acre with a royalty of 20% and a delayed rental
of $2.50 per acre. It comes in three
sections. Section 10 of T150N, R92W (80
acres). Section 32, 33 of T151N, R92W
(80 acres). Section 20 of T152N, R89W
(160 acres). Total bonus $256,000 in VOTE: 5
Ayes 0 Nays Motion carried. 5. Resolution 09-194-VJB: Slawson Exploration
120 Acre Lease Councilman Eagle moved to approve of a resolution entitled, “Approval
to lease 120 Acres of Lands located in Discussion: The
terms are always up for negotiation.
Amendment to Councilman Eagle’s motion is to change it to a 3 year lease
(if they don’t want it, they don’t want it we’ll just bring it back). This is a straight lease with a $2.50 rental
per acre. Bonus is $800.00 per acre with
a 20% royalty. This is in the Shell
Creek area. VOTE: 5
Ayes 0 Nays Motion carried. 6. Resolution 09-195–VJB: Spotted Hawk Lease Councilman Packineau moved to approve of a resolution entitled, “Approval
to lease 4,822.79 Acres of Lands located with the Missouri Riverbed to Spotted
Hawk, LLC, for Oil and Gas Development on the Fort Berthold Reservation.” The motion is second by Councilman Eagle. Discussion: This
one is good with just the leases. Terms
are 5 year lease with $300.00 per acre bonus, 22.5% royalty and $3.00 per acre
rental. VOTE: 5
Ayes 0 Nays Motion carried. 7. Other Legal Issues: a. Amendment to TERO Ordinance Discussion Only. b. Theodora Starr Probate Issue 4:12 Discussion: BIA
will not do draft wills. They will
accept and hold it on record but not assist.
The old Will format to be put on the VII.
TREASURERS REPORT: Mervin Packineau A.
Chief Financial Officer
Report: Lenny Abrams 12:40 A report was given. There
will be a Special Tribal Business Council meeting on B.
Resolution: Elder
Distribution 2009: Lenny Abrams This was taken care of in a previous meeting. C.
Resolution: MEC Financial:
Clarence O’Berry This was not presented. D.
Resolution 09-189-VJB: $6.5
Million Revolving Line of Credit: Lenny Abrams, CFO 1:39 Councilman Packineau moved to approve of a resolution entitled,
“Approval of Renewal of the Existing $6,500,000 Revolving Line of Credit with
Bremer Bank, NA of Minot, North Dakota for General Operating Purposes of the
Tribes and Authorization for the Chairman and Treasurer to Execute all
Necessary Loan Documents.” The motion is
second by Councilman Eagle. Discussion: This
is a three year extension to VOTE: 5
Ayes 0 Nays Motion carried. E.
Wade White Body Medical Loan
1:46 Councilman Packineau moved to approve of a loan for $3,000 for Wade
White Body for the passing of his son and for his granddaughter that is
currently sick in Discussion: This
is commendable. This is a medical
loan. VOTE: 4
Ayes 0 Nays 1 Abstention Motion carried. VIII.
COMMITTEE REPORT: A.
Executive Committee Deferred. 2. Gaming
Commission: Mark Fox 3. Enrollment
09-197-VJB: John Charging Councilman Eagle moved to approve of a resolution entitled,
“Approval of 58 Applicants for Enrollment into the Three Affiliated
Tribes.” The motion is second by
Councilman Strahs. Discussion: The names
were reviewed for Councilman Strahs. Is Darnell Sorenson’s son listed? John Charging will check to see if he is
enrolled already. Councilman Eagle asks
for Mrs. Baker’s three grandchildren. John will bring it back to Tuesday’s
continuation meeting on VOTE: 5 Ayes
0 Nays Motion carried. 4. Personnel:
Barlow Wells, Human Resource Director (Closed Session)
See Personnel Action Forms. a.
Councilman Strahs moved to approve to work on opening a daycare,
second by Councilman Packineau. Discussion: VOTE: 5
Ayes 0 Nays Motion carried. 5. Minutes
& Resolutions on the This was not presented. 6. Resolution
09-188-VJB: Indirect and Audit: Tax Commissioner: Marcus Wells/Roger Bird Bear Councilman Eagle moved to approve of a resolution entitled, “Authority
of Tax Commissioner/Financial Advisor Marcus Wells under the TAT Code to
negotiate the Indirect Cost Rate Proposals and to oversee the Tribal Financial
Audit.” No second. Councilman Packineau moved to approve of a resolution entitled,
“Authority of Tax Commissioner/Financial Advisor Marcus Wells under the TAT Tax
Code to negotiate the Indirect Cost Rate Proposals and to oversee the Tribal
Financial Audit.” The motion is second
by Councilman Eagle. Discussion: Amended
to add the CFO. VOTE: 5 Ayes
0 Nays Motion carried. B.
Economic/Education
Committee: Scott Eagle 1. Native
American Training Institute Financial Request C.
Health Committee: V. Judy
Brugh 1. Elbowoods
Health Care Facility: a. Resolution: Land Lease Transfer This is referred back to the Natural Resource Committee. b.Appreciation Gift to Carmen Eagle This was not addressed. c. Third Party Billing Update: Stella
Burquist 4:45 Stella gave an update. D.
Judicial/Human Resource
Committee: Mervin Packineau 1. Law
Enforcement MOU 2. Francis
Connor E.
Natural Resource Committee:
Barry Benson 1. Oil &
Gas Office: Fred Fox a. Cirque Oil Co. This was addressed under the Chairman’s Report with TAT Legal. b.
Spotted Hawk Oil Co. This was addressed under the
Chairman’s Report with TAT Legal. 2. Resolution
09-196-VJB: 2009 ARRA Roads Restoration/Repair Funding $1,330,337.00: Curt
Wells 4:15 Councilman Strahs moved to approve of a resolution entitled,
“Authorization for 2009 ARRA Roads Restoration and Repair Activities Funding in
the amount of $1,330,337.00.” The motion
is second by Councilwoman Brugh. Discussion: It is stressed to utilize
grants for the whole reservation. VOTE: 5
Ayes 0 Nays Motion carried. 3. Business
Commerce Code: Connie Wilkinson She was not present. IX.
LEGAL: This was moved up under the Chairman’s report. X.
A.
Charles Bearstail Financial
Request 7:04 Councilman Eagle moved to approve a loan in the amount of $3,000.00
for Charles Bearstail, Mervin Packineau to co-sign. The motion is second by Councilman Packineau. Discussion: This
is to take care of his license so he may drive bus in Parshall. VOTE: 4 Ayes 1 Nays Motion carried. B.
IPA Graduate Honorarium:
James Baker This will be addressed during the C.
Resolution: This is addressed later in the reconvened meeting. D.
Allot tee Association
Report: John Danks 2:00 Discussion: Handouts
will be given out during the Elder 2009 Christmas Distributions. XI.
OLD BUSINESS: A.
Enrollment Issue: Evangeline
Monogram Discussion: This
was handled in a previous meeting in the previous year. She needs to go to Beamer, XII.
ADJOURNMENT: Councilman Eagle moved to adjourn the meeting, second by Councilman
Packineau. The meeting adjourned at XIII.
CALL TO ORDER: The meeting was reconvened
at XIV.
Councilman Frank Whitecalfe (conference call), Councilman Scott
Eagle, Councilman Mervin Packineau, Councilwoman V. Judy Brugh, and Chairman
Marcus Levings are present. A quorum is
established. XV.
Law Enforcement Personnel Issue
(Closed Session) Discussion: The
CEO to make the transition of the new chief of police. XVI.
Resolution 09-198-VJB: Councilman Eagle moved to approve of a resolution entitled, “Approval
of the North Segment Tribal Council Representative’s, Appointment of Richard
Mayer to the Fort Berthold Community College Board of Directors.” The motion is second by Councilman Whitecalfe. Discussion: Bernadine
Young Bird resigned. VOTE: 5
Ayes 0 Nays Motion carried. XVII. Resolution 09-199-VJB: North East Segment Appointment TERO Councilman Whitecalfe moved to approve of a resolution entitled, “Approval
of North East Segment Tribal Council Representative, TERO Commissioner.” The motion is second by Councilman Packineau.
Discussion: Rate
of pay would be reviewed by personnel and signed off by the treasurer. Mr.
Charles Foote is replace by Joe Merrick on the TERO Commission as he is moved
to up to administrator of the program. VOTE: 5
Ayes 0 Nays Motion carried. XVIII. Joe Merrick to the TERO Commission Councilman Packineau moved to approve to hire Joe Merrick to be the
TERO Commission for Parshall Lucky Mound, second by Councilwoman Brugh. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. XIX.
Resolution 09-200-VJB:
Associate Judges Councilman Packineau moved to approve of a resolution entitled,
“Approval of the Associate Judges.” The
motion is second by Councilwoman Brugh. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. XX.
White Shield TERO Commission
Appointment Councilman Whitecalfe moved to approve to put Bobby Fox in the TERO
Commission for White Shield Segment, second by Councilman Packineau. Discussion: This
is subject to a resolution being written. VOTE: 5
Ayes 0 Nays Motion carried. XXI.
ADJOURNMENT: Councilman Packineau moved to adjourn the meeting, second by
Councilwoman Brugh. 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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