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THREE
AFFILIATED TRIBES TRIBAL
BUSINESS COUNCIL REGULAR MEETING
10-01-VJB I.
CALL TO ORDER: Vice-Chairman Frank Whitecalfe called the meeting to order at II.
PRAYER: Mary Alice Wells gave the invocation. III.
Councilman Frank Whitecalfe (Chairing the meeting), Councilman Barry
Benson, Councilman Arnold Strahs, Councilwoman V. Judy Brugh, and Councilman
Mervin Packineau are present. A quorum is established. Councilman Scott Eagle arrived at IV.
APPROVAL OF AGENDA: Add-ons: Councilman Benson – Councilman Packineau – Resolution: ICDBG Block Grant CEDS VIII. D.
3. Councilman Whitecalfe -
Elroy Yellow Bird Financial Request Councilman Whitecalfe – White Shield Letter of Support for Casino
VI Councilman Eagle – Energy Report, Leslie Morsette/Dominick Silletti Councilman Benson – Dustin Youpee Housing Request Councilman Eagle – Roberta Crows Breast Councilman Packineau moved to approve of the amended agenda, second
by Councilman Strahs. Discussion: Arlie Knight will be added to
Personnel VIII B 4. DeAnna White Bear DeBliek
will be put under the Program Analyst report.
The CEO will not be present but has a written report. VOTE: 6 Ayes 0 Nays Motion carried. V.
APPROVAL OF MINUTES: Councilman Strahs moved to approve of the 4 sets of minutes,
subject to review. The motion is second
by Councilman Packineau. Discussion: The VOTE: 6 Ayes 0 Nays Motion carried. VI.
CHAIRMANS REPORT: Marcus Levings Deferred. A.
Elders/Guests 1.
Medical Issue: Judy Young
Bear Judy was not present. 2.
B.I.A. Trust Issues: Mary Alice
Wells (Closed Session) 3.
Letter of Support for the
White Shield Casino 11:48 Councilman Eagle moved for approval to do a letter of support for
the White Shield Community to proceed with seeking financial assistance for a
Casino, second by Councilman Strahs. Discussion: This will not involve the tribe. Has any feasibility been done and what is the
impact going to be on our current casino? This is to get the investors to start
looking at it. Maybe they will come up
with something else. Economics is what
is wanted for the White Shield community. We should stick with the casino we have. VOTE: 4 Ayes 0 Nays 2 Abstentions Motion
carried. B.
Federal Programs Executive
Officer: Camie Gosnell She has nothing to present. C.
Chief Executive Officer
Report: Terry Red Fox He is not present but has a written report. 1.
Social Services: Renae Mayer
12:25 The deadline of 2.
Personal Issue: Arlie Knight Arlie was not present. D.
Programs Analyst: Izetta
Fernandez 1.
Domestic Violence &
Dianna White Bear DeBlieck 12:58 Tabled for further negotiations. VII.
TREASURERS REPORT: Mervin Packineau A.
Chief Financial Officer
Report: Lenny Abrams 1:20 A report was handed out to the Tribal Business Council. B.
Memo from CFO Regarding
Segment Uniform Guidelines for Spending For the record, the Recording Secretary did not receive the memo. 1.
Funerals in the Family Councilman Packineau moved for the segment grants for Funerals in
the family to be set at $500.00 for immediate family members (Mother, Father,
Grandparents, Sister, Brother), $250.00 for (Aunt, Uncle), $150.00 for other
family members (First Cousin, etc.).
Tabled. C.
Small Loans 1:45 The small loan list is for 35 people for $500.00 each and must be
current with payments or clear of debt. The
Chief Financial Officer has authority to approve of Small Loans up to $500.00
subject to availability of funds. The
Chief Financial Officer will work with the segment representatives on financial
requests. D.
Dustin Youpee Housing
Financial Request (Closed Session) VIII.
COMMITTEE REPORT: A.
Executive Committee Manager He was not present. 2. Gaming Commission: Mark Fox a. Temporary License Councilman Eagle moved to approve of 16 Temporary Licenses for key and
non-key employees with the 4 Bears Casino. Councilwoman Brugh seconded the motion. VOTE: 5
Ayes 0 Nays Motion carried. b. Extended Authority for Gaming
Commission Executive Director Councilman Eagle moved to approve to extend the authority for the
Executive Director of the Gaming Commission to hire and fire, second by
Councilwoman Brugh. Discussion: The
motion is amended to add the authority to the 4 Bears Casino Executive Director
job descriptions. VOTE: 5
Ayes 0 Nays Motion carried.
c. Class An update was given. d. Surveillance System This will be brought back to full Tribal Business Council. e.
Gaming Commission Update Mark gave an update. 3. Resolution 10-01-VJB: Enrollment: John
Charging Councilman Strahs moved to approve of a resolution entitled, “Approval
of 141 Applicants for Enrollment into the Three Affiliated Tribes.” The motion is second by Councilman Eagle. VOTE: 4 Ayes 0 Nays 1 Abstention Motion
carried. 4. Personnel: Barlow Wells (Closed Session) See Personnel Action Forms. 5. PolyCom/ Richard Mayer/Heath Knight/M.I.S.
4:34 Councilman Eagle moved to
approve to hire MHA Systems to scan approximately 5-6 Resolution/Minute books
at $1.00 per page with approximately 400 pages per book for a total of $10,000.00. Half of this will go towards the debt MHA
Systems owes the Tribe. The motion is second
by Councilwoman Brugh. VOTE: 5
Ayes 0 Nays Motion carried. B.
Economic/Education
Committee: Scott Eagle 1.
Waylon Pretends Eagle
Contract Renewal: Lisa Councilman Eagle moved to approve the renewal of the consultant
agreement with Waylon Pretends Eagle for the CEDS department, second by
Councilman Strahs. Discussion: This is pending legal review. This will be paid monthly at $3,500.00 and
not to exceed the grant amount within a 12 month period. VOTE: 5 Ayes 0 Nays Motion carried. C.
Health Committee: V. Judy
Brugh 1.
Minne Tohe I.T. Contracting
MHA Systems : Richard Mayer/ Stella
Berquist Councilman Eagle moved to approve of a contract agreement with MHA
Systems pending legal review, second by Councilwoman Brugh. Discussion: He is going to help with developing
and implementing a state of the art networking system for the Minne Tohe Clinic
and the new hospital. The contract is to
be brought back to full Tribal Business Council. The amount is based on $20,000.00. This will not be taken out of tribal
funds. Twenty Five percent of Richard’s
time will be spent on this (transition) project. VOTE: 5 Ayes 0 Nays Motion carried. 2.
3.
Prescription Drug Control:
Jays Standish/Stella Burquist/ Dr. McCrill/Caroline Leach/Lovette Veach/ (Closed Session) 4.
Security, Surveillance,
Physical Therapy for Minne Tohe This was discussion only. 5.
Prescription Drug Training
for Minne Tohe Employees 5:32 The Minne Tohe CEO understood the TAT CFO to have funds available for the travel. D.
Judicial/Human Resource
Committee: Mervin Packineau 1.
Resolution 10-02-VJB: Litter
Ordinance: Judy Black Hawk Councilwoman Brugh moved to approve of a resolution entitled, “Adoption
of Three Affiliated Tribes Litter Control Ordinance.” The motion is second by Councilman Eagle. Discussion: Councilman Eagle questions who
enforces this resolution. This would be
for Game and Fish and police. EPA
(Environmental) is different. VOTE: 5 Ayes 0 Nays Motion carried. 2.
Consultant Agreement 2010:
Judy Black Hawk These needed signatures only.
They were approved in a previous meeting. 3.
Resolution 10-03-VJB: ICDBG
Block Grant: Lisa Redford 3:47 Councilman Eagle moved to approve of a resolution entitled, “Tribal
Business Council Approval and Commitment of Additional Funds per a Pre-Award
Condition for the FY 2009 Grant Application for the Parshall/Northeast Segment
Multi-Purpose Building.” The motion is
second by Councilman Benson. Discussion: This is Parshall’s application. There is an order for the segments. Councilman Eagle is requesting to see the
list. Money will need to be set aside
for the ICDBG projects in the amount of approximately $1 Million. Going “Green” is the direction CEDS is going
with the segment applications. VOTE: 5 Ayes 0 Nays Motion carried. E.
Natural Resource Committee:
Barry Benson 1. Resolution: FBRW USDA Rural Development: Marvin Danks/Ken Royce This was taken care of under
TAT Legal section of the meeting. 2. Water Bill Program for Tribal Members: Marvin Danks 9:15 Councilman Eagle moved to
approve the eight add-ons to the Water Bill payment list for the TAT
Tribal Members in New Town(7) and Parshall(1), second
by Councilman Strahs.
VOTE: 5 Ayes 0 Nays Motion carried. 3. Fred Fox, Energy Office 8:19 a.
Simray 320 Acres This was discussion only. b.
Resolution 10-011-VJB: Quest
Star Councilman Strahs moved to approve of a
resolution entitled, “Approval to lease 20 Acres of Tribal Fee Lands The motion is second by Councilman Eagle. VOTE: 5 Ayes 0 Nays Motion carried. c.
Spotted Hawk 281 Acres Councilman Eagle moved to
approve of a resolution. The motion is withdrawn. Tabled. 4. Resolution 10-09-VJB: Elbowoods Memorial Healthcare Lease Transfer:
Councilman Eagle moved to
approve of a resolution entitled, “Authorization for the
the Elbowoods Memorial
Health Care Facility on Tribal Trust Lands.” The motion is second by Councilman Strahs. Discussion: They
are trying to do two things: 1. Authorize the Corp. of
Engineers to construct the facility, and 2. Authorize a lease to
I.H.S. after they assume responsibility for that building. A map is
to be brought in on Tuesday, January 19, 2010. VOTE: 5
Ayes 0 Nays Motion carried. 5. Weed Board: Ed Fox This will be brought back to
the Tribal Business Council with selection for each segment. 6. Robert and Diane Finley Mineral Councilwoman Brugh moved for
a tentative approval to purchase the minerals at $1,000.00 for 40
acres from Council. The motion is second by Councilman Strahs. VOTE: 5
Ayes 0 Nays Motion carried. 7. Awa’Hu Village Lease: Annette Young Bird, Natural Resource
Administrator 8:00 Councilwoman Brugh moved to
approve of a Tribal Business Lease between the Ft. Berthold Housing
Authority and the Tribes for 80 Acres of land described as
the Northwest ¼ of Section 25, Township 148 North 88 West,
Awa’Hu Village in Discussion: In consideration of the lease, we
would waive the rental fee for
low income families. If it is middle
or higher income brackets,
lot rental will be charged. This property
brings in about $2,500.00
in rental per year. This is for a home cluster site in White
Shield. VOTE: 5 Ayes 0 Nays Motion carried. 8. 50 Head of Wild Horses: Annette Young Bird, Natural Resource
Administrator The Bureau of Indian Affairs will round them up. The Three Affiliated Tribes is to assist this
spring. These are the horses the tribe
brought in. They are East of McKenzie
Bay. 9. Range Unit Lease Question: Annette Young Bird, Natural Resource
Administrator 8:16
Clarification is given by the Tribal Business Council. 10.
Resolution 10-010-VJB:
Native American American Business Development Institute
Councilman Eagle moved to approve of a resolution entitled, “ Funding and Resource Request from
the Native American Business Development Institute.” The motion is second by Councilman Strahs.
VOTE: 5 Ayes 0 Nays Motion carried. IX.
Legal: Damon Williams/Jennifer Fyten a. Rescind Resolution 09-149-VJB 6:10 Councilwoman Brugh moved for approval to rescind a resolution
entitled, “Approval of Applications for a Loan and a Grant from the USDA Rural
Development in the Amount of $2,497,000.00 for the West Segment-Mandaree Water
Source distribution and storage Project for the Fort Berthold Rural Water
System.” The motion is second by
Councilman Strahs. VOTE: 5
Ayes 0 Nays Motion carried. b. Resolution 10-04-VJB: Loan and Grant from USDA for Councilman Strahs moved to approve of a resolution entitled, “Approval
of Applications for a Loan and a Grant from the USDA Rural Development in the
Amount of $2,497,000.00 for the West Segment-Mandaree Water Source Distribution
and Storage Project for the Fort Berthold Rural Water System.” The motion is second by Councilman Benson. Discussion: Councilman Eagle questions the
application requirements. VOTE: 4 Ayes 0 Nays 1 Abstention Motion
carried. c. Resolution 10-05-VJB: Councilman Benson moved to approve of a resolution entitled,
“Request to the Bureau of Indian Affairs for Additional Square Footage for Twin
Buttes K-8 Replacement School.” The
motion is second by Councilman Strahs. Discussion: How much is it a square foot and why
isn’t the Bureau covering the cost if they are the one requiring it? They shouldn’t be making the School or the
Tribe comes up with the funds. They
should have seen it in the beginning that it was a safety and risk management
requirement. Councilman Benson explains
to the Tribal Business Council what is holding it up (Hasby). VOTE: 5 Ayes 0 Nays Motion carried. d. Resolution 10-06-VJB: Special Procedures for the coming Secretarial
Election 6:37 Councilman Strahs moved to approve of a resolution entitled, “Request
the Secretary of the Interior to adopt Special Rules and Procedures for
Upcoming Secretarial Election.” The
motion is second by Councilwoman Brugh. VOTE: 5 Ayes 0 Nays Motion carried. e. Legal Services for TAT Oil Refinery 7:01 The Law Firm decision is to be made on f. T.E.H. Consulting to work on Election Code 7:15 Councilwoman Brugh moved for approval to hire T.E.H. Consulting to
work on the Election Code, second by Councilman Strahs. Discussion: This will be less than $5,000.00 and
will come out of the Legal Departments budget.
There are different departments that have different codes here at the
tribe and TAT Legal would like the departments to put the costs into their
budgets. The TAT Legal Department is to
put out a memo to that effect. VOTE: 5 Ayes 0 Nays Motion carried. g. Resolution 10-07-VJB: Engagement Dan Press – Van Ness for Legal
Service for TERO and Councilman Eagle moved to approve of a resolution entitled, “Engagement
of Dan Press – Van Ness Feldman to provide Legal Service for TAT TERO, Small
Business Initiative and Elbowoods Memorial Healthcare Facility.” The motion is second by Councilman Strahs. VOTE: 4 Ayes 0 Nays 1 Abstention Motion
carried. h. Resolution 10-08-VJB:
Athletics Commission Councilman Strahs moved to approve of a resolution entitled,
“Appointment of Interim Three Affiliated Tribes Commission of Athletic
Regulation.” The motion is second by
Councilman Benson. Discussion: This is for professional boxing and VOTE: 5 Ayes 0 Nays Motion carried. 11.
a. Karen Rabbithead/Cory Rabbithead Financial Request Councilman Eagle moved to approve of a small loan in the amount of
$500.00 and a $500.00 grant from Northeast segment, second by Councilwoman
Brugh. Discussion: He works at the Cloverdale foods in VOTE: 5 Ayes 0 Nays Motion carried. b.
i. Personnel (Closed Session) See Personal Action form. c. Personnel: Roberta Crows Breast Administrative Leave Request (Closed Session) See Personnel Action Form. 12.
OLD BUSINESS: 13.
ADJOURNMENT: Councilwoman Brugh moved to adjourn the meeting, second by Councilman
Eagle. 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 _______________, 2010; 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 _______________, 2010. ATTEST: ______________________________ ______________________________ Tribal Secretary,
V. Tribal Business
Council, Tribal Business Council, Three Affiliated
Tribes Three Affiliated
Tribes
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