THREE AFFILIATED TRIBES

TRIBAL BUSINESS COUNCIL

SPECIAL MEETING NO. 2001-38

DECEMBER 26, 2001

01. CALL TO ORDER AND PRAYER:

Chairman Hall called the meeting to order at 3:55 p.m. Chairman announced the two elders names that passed on this week: Florence White’s funeral was held today and Lawrence Birdsbill wake would begin this evening. Chairman Hall asked all present to say a silent prayer for all who are sick, grieving and less fortunate during this 2001 Christmas Season.

02. ROLL CALL: Members Present: Councilman Spotted Bear, Councilman Phelan, Councilman Wolf, Councilman Fox, Secretary Wells and Chairman Hall.

Members absent: Treasurer Gillette (arrived at 4:56 p.m. to the meeting.)

Others present: Patti Jo Thomas, Pat Wilkinson, Georgia Fox, Personnel Department, Belle Chase, and Jean Baker, Recording Secretary.

03. AGENDA: Councilman Phelan motioned to accept the agenda as amended. Seconded by Councilman Wells.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Not voting. Motion carried.

04. UNFINISHED BUSINESS:

A. PRESENTATION DAN ISRAEL & M3 ENERGY: Defer Until Jan. 11, 2002.

B. ROADS/PUBLIC WORKS ADMINISTRATOR: Personnel Matter

2. ROADS CLERK:

Personnel Matter

MOTION: Councilman Wells motioned to set the Tribal Business Council Regular Meeting date for Jan 11, 2002. Seconded by Councilman Phelan.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Not voting. Motion carried.

NOTE: Austin Gillette arrived at 4:56 p.m. to the meeting.

C. CORPORATE BOARD RESOLUTION: LEGAL DEPARTMENT: Tom Disselhorst: Deferred until January 11, 2002.

D. FOUR BEARS CASINO LODGE: 401K PLAN:

1. Councilman Fox motioned to accept the 401K Plan for the Four Bears Casino and Lodge as presented. Seconded by Councilman Wells.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Absent. Motion carried.

2. CASINO MANAGEMENT PERSONNEL WAGES: Personnel Matter

Councilman Gillette motioned to defer until a later date until the personnel matter is taken care of. Seconded by Councilman

VOTE: 7 Ayes, 0 Nays, 0 Abstentions, 0 Absent. Motion carried.

E. CULTURAL SITES
Councilman Wolf motioned to approve a Consultant Agreement beginning January 03, 2002 executed between Pemina Yellow Bird and the Three Affiliated Tribes in the amount of $20.00 per hour of services rendered under this agreement. Seconded by Councilman Fox.

DISCUSSION: Reimbursement of the actual costs of telephone, fax, postage and shipping expenses incurred in the conjunction with the performance of services under this agreement, including airfare, lodging, car rental, and mileage for use of personal vehicle, all of which expenses to be fully documented evidencing actual costs incurred. Total fees and expenses shall not succeed the combined amount of $41,600, provided that such amount may be increased upon approval of the Tribal Council.

VOTE: 5 Ayes, 0 Nays, 2 Abstentions, 0 Absent. Motion carried.

E. TWIN BUTTES CUSTOM HOMES:

RESOLUTION NO. #01-309MWJR:

Councilman Gillette Transfer funds from the General Funds of the Three Affiliated Tribes to the Twin Buttes Custom Homes in the amount of $200,000. Seconded by Councilman Spotted Bear.

VOTE: 7 Ayes, 0 Nays, 0 Abstentions, 0 Absent. Motion carried.

F. RESOLUTION NO. #01-310MWJR: Signature Authority:

Councilman Gillette motioned to approve check signature authority for the acting Chief Executive Officer Signature with the Chairman and/or Vice-Chairman of the Twin Buttes Custom Homes for the purposes of payroll, travel, vendors, suppliers, sub-contractor and overhead expenses, limited in the amount of $10,000 per invoice. Seconded by Councilman

VOTE: 7 Ayes, 0 Nays, 0 Abstentions, 0 Not voting. Motion carried.

RECOMMENDATION OF CFO: Access the budget balance in approximately 3-4 months and possibly draw down a $500,000 dollar line of credit from JTAC Funds in the Albuquerque for FY02.

G. CEDAR WOMEN ENTERPRISES:

Councilman Gillette motioned to approve the Business Development grant of $3,500 and a $3,500 Small Loan for Vivian Gillette, subject to the Small Loan requirements and the Business Development Program’s guidelines. Seconded by Councilman Wells.

VOTE: 7 Ayes, 0 Nays, 0 Abstentions, 0 Absent.

I. LINETTE CROWS HEART – EDUCATION

1. Councilman Wells motioned to approve a $2,500 Educational loan at 2% pay back plan to Linette Crows Heart, subject to the requirements of the Small Loan Program. Seconded by Councilman Gillette.

DISCUSSION: The check will be made directly to the University of Minnesota.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Not voting. Motion carried.

2. CHRISTINE ROSS EDUCATION LOAN @ 2%:

Councilman Gillette motioned to approve an educational loan of $843 to Christine Ross, with a repayment schedule of 2%. Seconded by Councilman Wells.

DISCUSSION: The check will be made directly to Minot State University.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Not voting. Motion carried.

3. JOETTA ROBERTS: Referred to Small Loans

4. DIANE JOHNSON

Councilman Phelan motioned to defer this request for $1,677 for tutorial fees for her son Rocky Avery and direct Patti Jo Thomas to research JOM and other funding possibilities and to provide recommendations to the Tribal Business Council. Seconded by Councilman Wells.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Absent. Motion carried.

Note: Councilman Spotted Bear left the meeting at 6:30 p.m.

5. LESLIE MORSETTE

Councilman Fox motioned to approve of current loan refinance at 2%, ($500 existing $500 loan for $1,000 total education loan. Seconded by Councilman Wolf.

DISCUSSION: Leslie Morsette will be allowed to roll current loan into the other educational loan.

VOTE: 5 Ayes, 0 Nays, 1 Abstentions, 1 Not voting. Motion carried.

6. RUPERTA LARSON

Councilman Gillette motioned to approve a $3,500 loan and a $3,500 grant, subject to the requirements of the Small Loan Program and the Business Development Program.

DISCUSSION: A secondary lien on the home will be listed as collateral to secure the debt.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Not voting. Motion carried.

7. MERANDA SANDERSON

Councilman Wells motioned to approve $1,000 loan and to roll it in her current balance. Seconded by Councilman Wolf.

DISCUSSION: Because of her housing situation, she will receive preference for obtaining a loan. She will be allowed refinancing of current loan. Balance is $2,002.54 and requested another $1,000 for housing bills. She does have the title of her vehicle in the Small Loan Department to use as collateral. Her loan is for delinquent housing loan.

VOTE: 4 Ayes, 0 Nays, 2 Abstentions, 1 Absent. Motion carried.

8. MASON STAR - HOME LOAN

Councilman Gillette motioned to approve $15% of the value of the house, a total of $5,500. Seconded by Councilman Fox.

Gillette amended his motion to read: option 15% max for home loan or maximum $3,500 Small loan and to use the house as collateral.

Seconded by Councilman Fox

VOTE: 4 Ayes, 2 Nays, 0 Abstentions, 1 Absent. Motion carried.

9. PATTI JO THOMAS:

Councilman Gillette motioned to approve a $2,800 loan for Patti Jo Thomas, subject to the requirements of the Small Loan Program. Seconded by Councilman Phelan.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Absent. Motion carried.

10. KERMIT HEART:

Councilman Gillette motioned to approve a Small Loan of $3,500 to Kermit Heart, Subject to the requirements of the Small Loan Program. Seconded by Councilman Fox.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions,

11. KATHERINE YOUNG BEAR

Councilman Phelan motioned to approve $1,000 Education Loan @ 2% Payback, subject to the requirements of the Small Loan Program. Seconded by Councilman Wolf.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Not voting. Motion carried.

12. BLAKE STIFFARM:

Councilman Wells motioned to approve a loan for $600 with a repayment of 2% for Blake Stiffarm. Seconded by Councilman Wolf.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Not voting. Motion carried.

13. SHARI WOLF:

Councilman Gillette motioned to approve of Shari Wolf $2,500 request through the 477 Program and to expedite the process. Seconded by Councilman Wells.

DISCUSSION: Pat Wilkinson will follow the request.

VOTE: 6 Ayes, 0 Nays, 0 Abstentions, 1 Not voting.

08. MIDWINTER POW-WOW:

Councilman Phelan motioned to approve an additional $2,000 for the Mid-Winter Pow-wow. Seconded by Councilman Wells.

VOTE: 4 Ayes, 1 Nays, 1 Abstentions, 1 Not voting. Motion carried.

Councilman Gillette motioned to approve the closure of the Small Loan Program from January 2nd through the 16. Seconded by Councilman Wells.

VOTE: 6 Ayes, 0 Nays, 0 Abstention, 1 Not voting. Motion carried.

09. ANNUAL LEAVE DISPUTE:

Dr. Biron Baker submitted a letter of dispute over Annual Leave upon his separation from employment with the Tribe.

Councilman Gillette motioned to accept the Legal Counsel, Tom Disselhorst’s recommendation for DR. Biron Baker’s request for payment of 4 additional hours of Annual Leave based upon legal review. No second, motion failed.

Councilman Gillette motioned to accept the Legal Counsel Tom Disselhorst’s recommendations for payment of 4 additional hours of Annual Leave for Dr. Baker. Seconded by Councilman Phelan.

VOTE: 4 Ayes, 1 Nays, 1 Abstentions, 0 Not voting. Motion carried.

10. TRIBAL COURT: SHARON BLAKE GRIEVANCE:

Personnel Matter: Closed session

Austin Gillette left the meeting at 11:00 p.m.

11. TAT PHYSICIANS RECRUITMENT:

Councilman Fox motioned to employ Mike LaBeau, as a physician at the Minn-Tohe Clinic March- June, 2002 review and organize and bring it back to the next TBC Meeting January 11, 2001. Seconded by Councilman

DISCUSSION: Deb Thompson will coordinate the process.

VOTE: 5 Ayes, 0 Nays, 0 Abstentions, 2 Absent. Motion carried.

DR. SIMPSON:

Councilman Fox motioned to hire Dr. Loren Simpson at the same rate as Dr. Baker’s package. Seconded by Councilman Wells.

DISCUSSION: Dr. Baker was hired at $166,000. Dr. Simpson is asking for $170,000. A background check will need to be initiated. The Tribe approved an amount of $1500 for Dr. Simpson’s moving expenses as opposed to $4,000 that he requested.

VOTE: 5 Ayes, 0 Nays, 0 Abstentions, 2 Not voting. Motion carried.

12. MHA TIMES:

Councilman Wells motioned to direct the MHA Times and recommend to approve a meeting be set up with the MHA Board on January 11, 2002. Seconded by Councilman Phelan.

Discussion: Official notice will be sent out to the Board of Directors requesting them to be in attendance at the next Tribal Business Council Meeting. Also, request that the staff do all the necessary paperwork. Because of the lack of meetings, the members may be out of compliance with the Articles of Incorporation.

VOTE: 5 Ayes, 0 Nays, 0 Abstentions, 2 Not voting. Motion carried.

13. ANGELITA MAYER:

Councilman Phelan motioned to direct Patti Jo Thomas, Office Manager to contact Joni Foote immediately to get the status on the house, Plan B draft up letter for Chairman, letter of support for the selection committee, submit all the receipts and that she be reimbursed for all the material that she put in the house. Seconded by Councilman Wolf.

VOTE: 5 Ayes, 0 Nays, 0 Abstentions, 2 Not voting. Motion carried.

14. EMPLOYEE RELATIONS SPECIALIST: Georgia Fox, Personnel Matter

15. ADJOURNMENT:

Councilman Phelan motioned to adjourn the meeting at 12:15 a.m. Seconded by Councilman Wells.

VOTE: 5 Ayes, 0 Nays, 0 Abstentions, 2 Not voting. Motion carried.

Transcribed by,

Ardel Jean Baker, Recording Secretary Date

Tribal Business Council

Three Affiliated Tribes

Marcus Wells, Jr. Executive Secretary Date

Tribal Business Council

Three Affiliated Tribes

ATTEST:

Tex G. Hall, Tribal Chairman Date

Tribal Business Council

Three Affiliated Tribes

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