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TRIBAL BUSINESS COUNCIL SPECIAL MEETING 08-25-VJB August 27, 2008, 1:00 P.M. I. CALL TO ORDER: Meeting called to order at 1:50 P.M.
II. PRAYER: A moment of silence.
III. ROLL CALL: Councilman Barry Benson, Councilman Frank Whitecalfe, Councilwoman Evelyn Hale, Acting Chairman-Councilman Malcolm Wolf, Councilman Mervin Packineau, and Councilwoman V. Judy Brugh. A quorum is established.
IV. APPROVAL OF AGENDA: Add-ons: 4A-Agreement for Horace Pipe-Frank Whitecalfe 4B-Ellen Wilson-Frank Whitecalfe 4C-Twin Buttes School Construction Project-Barry Benson 4D-Roads-Barry Benson 4E-H.I.P. - Jackie Jacksons-V. Judy Brugh 4F-Breslin Addition-Malcolm Wolf
Discussion: Councilman Packineau had a question on distinguishing who takes care of temporary appointments. This lead to a discussion on the PSC procedures with Cammie Gosnell. Councilman Packineau will reserve his add-ons. A concurrence of the Committee Chairs and the Tribal Chairman has to be received for 30-day appointments.
V. Personnel: Barlow Wells A. Horace Pipe Employment Contract Geologist Position-Fred Fox Oil & Gas Director Councilman Whitecalfe moved to approve of a contract with Horace Pipe to include the house free of rent, seconded by Councilman Packineau.
Discussion: Starts September 1, 2008 and ends August 30, 2010. This is a two year contract. Because of an increase in Dental etc., it will come out of the Oil & Gas Office budget. It will be written into the contract that the information he gains about our tribe regarding the lands, he will keep confidential. VOTE: 6 Ayes 0 Nays Motion carried.
B. Consultant Contract Jennifer Stanley Attorney at Law for Child Enforcement Program-Ellen Wilson Councilman Packineau moved to approve a consultant contract with Jennifer Stanley attorney at Law subject to TAT Legal Department review, seconded by Councilwoman Brugh.
Discussion: No discussion. VOTE: 6 Ayes 0 Nays Motion carried.
C. Twin Buttes School Construction 1. Twin Buttes School Expansion $180,000.00 Councilman Packineau moved to approve of $180,000.00 expansion fee for the Twin Buttes School regulation size gym, seconded by Councilman Whitecalfe.
Discussion: No discussion. VOTE: 6 Ayes 0 Nays Motion carried.
2. Interest on the Escrow for Twin Buttes School Councilman Packineau moved to approve the Interest of the escrow account for the Twin Buttes School goes back to the construction project of the school and not the Tribe from the BIA money, seconded by Councilman Whitecalfe.
Discussion: Cammie Gosnell to follow up on the BIA Money into Marshall Group Account is drawing interest and will check with Whitney Bell CFO. Jennifer Fyten has a copy of it in her office. If they don’t need or it is not being used then maybe we can use it to pay the interest on the loan on our side. Loan is 4.5 Million but is not drawing interest yet. VOTE: 6 Ayes 0 Nays Motion carried.
3. Resolution Correction to 04-83-RP change to 04-82-RP Councilman Packineau moved to approve the correction of the resolution number from 04-083-RP to 04-082-RP which is entitled, “Adoption of Tribal Employment Rights Ordinance”. The motion is seconded by Councilwoman Brugh.
Discussion: This is the most recent TERO resolution. The resolution still stands as is, no changes. VOTE: 6 Ayes 0 Nays Motion carried.
4. Resolution 08-148-VJB: Waiver of TERO Fees for Twin Buttes School Councilman Packineau moved to approve the resolution entitled, “Tribal Business Council Waiver for the Tribal Employment for the Tax and Fees for the Construction of the Twin Buttes Replacement School”. The motion is seconded by Councilman Benson.
Discussion: This was done for the Mandaree School. VOTE: 6 Ayes 0 Nays Motion carried.
D. Breslin Addition Roads Discussion: Breslin Addition Road may have to be done next year. Cammie can check with the Bureau to see if there is any money that can be used for completion of the road this year. Cammie is to check and bring it back to the September 11, 2008 meeting.
E. H.I.P./Jackie Jackson 1. Elder Home Payments $50.00 Councilman Whitecalfe moved to approve $50.00 cost/Payments for the Elder homes with H.I.P. and Dream Catchers programs, seconded by Councilman Benson.
Discussion: This is for the existing and new Elder homes only. VOTE: 6 Ayes 0 Nays Motion carried.
2. Amendment to Resolution 08-119-VJB: Additional $1,104,372.00 for Elder H.I.P. Homes in the Segments Councilman Whitecalfe moved to approve an amendment to the Elder H.I.P. Homes resolution in the amount $1,104,372.00, seconded by Councilman Packineau.
Discussion: If this changes the resolution then it needs to be rescinded. VOTE: 6 Ayes 0 Nays Motion carried.
3. Rescind 08-119-VJB H.I.P. Elder Homes Councilwoman Brugh moved to rescind Resolution 08-119-VJB to be brought forward in the September 11, 2008 regular meeting to have a number assigned to it. The motion is seconded by Councilman Packineau.
Discussion: No discussion. VOTE: 6 Ayes 0 Nays Motion carried.
4. H.I.P. Budget for 2008 Councilman Benson moved to approve the Housing Improvement Budget for 2008, seconded by Councilman Whitecalfe.
Discussion: No discussion. VOTE: 6 ayes 0 Nays Motion carried.
5. 7 Trailer Homes Arrive for Segments Discussion: White Shield is looking for a home for a doctor. The seven trailers are in of the twelve, Malcolm Wolf is drawn but he gives it to White Shield for their doctor’s home. Land descriptions are needed from the segments so H.I.P. Jackie Jackson will know where to put them.
F. Resolution Reinstate 93-33-JJR/Rescind 08-01-VJB/Amendment to 08-134-VJB Councilman Packineau moved to approve an amendment to resolution 08-134-VJB to add Human Resource Department to the hiring /firing resolution, seconded by Councilman Whitecalfe.
Discussion: This is brought back as a review from a previous meeting (8-14-08) and an amendment to add Human Resources to the resolution. VOTE: 5 Ayes 0 Nays Motion carried.
G. Human Resource in the Health Care System-Barlow Wells/Val Finley Discussion: The number of employees has to grow with the expansion of Departments. Human Resources is or will overload.
H. Jarrett & Kerry Baker Payment for Road Easement for Healthcare Facility Discussion: Jarrett and Kerry Baker to receive $8,000.00 for their 2 acres, the other 2 acres will have to be brought back on the September 11, 2008 regular meeting to renegotiate the agreement because the Tribe is not buying their gravel.
I. Severance Pay Policy for Dorothy Rabbithead-Jennifer Fyten Legal Department Discussion: Jenifer will look up the amounts to see if there is an exception. Right now there is a $5,000.00 limit on severance pay.
J. Water Hauler Thomas Eagle Hire-Malcolm Wolf Councilwoman Brugh moved to approve a $1.00 raise for Thomas Eagle from $12.50 to $13.50. The motion is seconded by Councilman Whitecalfe.
Discussion: It is a Council Segment appointment and does not need to come before the Tribal Business Council. VOTE: 6 ayes 0 Nays Motion carried.
K. Home Healthcare Specialist Hire of Beatrice Fettig-Malcolm Wolf Councilman Packineau moved to approve the hire of Beatrice Fettig as Little Shell Home Healthcare Specialist at $15.90 per hour, seconded by Councilwoman Brugh.
Discussion: No discussion. VOTE: 6 Ayes 0 Nays Motion carried.
L. Shasta Mandan Hire for RN Increase Councilman Packineau moved to approve the raise for Shasta Mandan from $25.00 an hour to $30.00 per hour per Director Stella Berquist, seconded by Councilwoman Brugh.
Discussion: She used to work at the Parshall clinic and they hated to lose her but she moved on to bigger and better things. VOTE: 6 Ayes 0 Nays Motion carried.
M. James Big Horn Criminal Investigator Increase Councilwoman Brugh moved to approve of the increase for Jim Big Horn from $20.00 to $25.00 per hour, seconded by Councilman Packineau.
Discussion: It is in concurrence with everyone because he is doing a good job. VOTE: 5 Ayes 0 Nays Motion carried.
N. Dorothy Felix Wells Director of Exceptional Education Child Program Increase Councilwoman Brugh moved to approve an increase for Dorothy Felix Wells from $22.00 to $23.10 per hour, seconded by Councilwoman Hale.
Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried.
O. Joe Henry Commodity Program Director Increase Councilwoman Brugh moved to approve the increase of pay from $15.81 to $16.45 for Joe Henry, seconded by Councilman Packineau.
Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried.
P. Bonnie Good Bird Oil & Gas Office Increase Councilman Benson moved for approval of an increase from $20.00 to $21.50 for Bonnie Good Bird, seconded by Councilman Packineau.
Discussion: Their work load is heavy. VOTE: 5 Ayes 0 Nays Motion carried.
Q. Dave Williams Decrease Councilman Benson moved to approve the decrease of pay for Dave Williams from $24.18 to $21.50, seconded by Councilwoman Hale.
Discussion: Councilwoman Brugh suggested that it be compatible with Bonnie Good Birds pay. VOTE: 5 Ayes 0 Nays Motion carried.
R. Vangie Conklin Lay-Off/Administration Leave Councilman Packineau moved to approve to put Vangie Conklin on Administration leave, seconded by Councilwoman Brugh.
Discussion: She should be paid while waiting for paperwork. VOTE: 5 Ayes 0 Nays Motion carried.
S. Twin Buttes Physician Billy Jo Wounded Face-Councilman Benson Councilman Packineau moved to approve the moving expense assistance in the amount of $2,500.00 for the former Physician in Twin Buttes because of unforeseen circumstances, seconded by Councilman Benson.
Discussion: She is well liked in the community. Her filing is exceptional but her certification needs to be checked on. November is when she can come back to do her state certification. VOTE: 5 Ayes 0 Nays Motion carried.
T. Heather Waller-Councilwoman Hale Discussion: Filed a grievance with no response from Human Resource. Received a lay-off letter with no reason from Renee Meyer directed by Cammie Gosnell. Reorganization is the reason but what is behind the reorganization. Reinstatement or severance. Cammie Gosnell will check on the grievance response. Heather would like to be reinstated. Max Dickens to follow up on the grievance. Barlow Wells received her letter on the July 31st but received a letter from the judicial Committee; he decided to wait for the next Tribal Council meeting. Barlow will reschedule a meeting with Heather tomorrow, August 28, 2008. Jenifer Fyten suggested that a response be given to Heather on the grievance to run its course. Tribal Business Council will wait for after the grievance to act upon it.
V. Tribal Housing Rescind Letter Setup MOA Councilman Packineau moved to approve to rescind the memo letter from Max Dickens Tribal CEO and to readdress the resolution, seconded by Councilwoman Hale.
Discussion: The old resolution and an MOA drawn up to accompany the new resolution to be presented on the regular Tribal business Council meeting on September 11, 2008. This is a reorganization/streamline effort. The Fort Berthold Housing Board of Commissioners is to oversee the Tribal Housing Program. The resolution is wrong to state that both the Fort Berthold Housing Authority and Board of Commissioners will oversee the Tribal Housing. The moneys are not to co-intermingle. A mix up in resolutions happened. Everything is to stay the same with Tribal Housing until it is addressed by Tribal Business Council with a new resolution made. Finance is to know they are to still be paid the same. VOTE: 5 Ayes 0 Nays Motion carried.
W. Cammie Gosnell (closed Session)
X. Retreat is set for September 3, 2008 in Bismarck
VI. ADJOURNMENT: Councilman Whitecalfe moved to adjourn the meeting, seconded by Councilwoman Hale.
Meeting adjourned at 6:15 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 _______________, 2008; 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 _______________, 2008.
ATTEST:
______________________________ ______________________________ Tribal Secretary, V. Judy Brugh Tribal Chairman, Marcus D. Wells Jr. Tribal Business Council, Tribal Business Council, Three Affiliated Tribes Three Affiliated Tribes
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