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    THREE AFFILIATED TRIBES

TRIBAL BUSINESS COUNCIL

REGULAR MEETING

09-12-VJB

March 16, 2009, 10:00 A.M.


I.                   CALL TO ORDER:

The meeting was called to order at 11:12 A.M.

 

II.                PRAYER:

Elise Packineau of Shell Creek and Mandaree Church administered the prayer.  An honorarium is given.

 

III.             ROLL CALL:

Councilman Frank Whitecalfe, Councilman Arnold Strahs, Councilman Scott Eagle, Councilman Mervin Packineau, Councilwoman V. Judy Brugh, and Chairman Marcus Levings are present.  A quorum is established.  Councilman Barry Benson arrived at 1:45 P.M.

 

IV.             APPROVAL OF AGENDA:

Councilman Whitecalfe  1. Clarice Salamanca-Band Trip for Son. VII C 3

                                       2. Education Bill Request-Shannon Beston. VII C 4

Councilman Strahs        1. Mandaree Warriors Request-Trip to S.D.

                                      2. Elgin Dye Financial Request

Councilman Packineau   1. Arrow Winds- Wind Energy IX B

                                       2. Liz Yellow Bird Business Request

Councilman Eagle           1. Marty Danks-Tax Claim VII A 2

Councilwoman Brugh      Far East Woman Presentation.

 

Councilwoman Brugh moved to approve the agenda as amended, second by Councilman Strahs.

 

Discussion:                         No discussion. 

VOTE:                                 6 Ayes 0 Nays. 

 

V.                APPROVAL OF MINUTES:

Deferred.

 

VI.             CHAIRMANS REPORT: Marcus Levings

A. Federal Programs Executive Officer: Max Dickens

He gave an update.

 

 1. Stimulus- Lisa Redford

Informational only.

 

 2. Asbestos Issue- Brian Breuer/Stella Burquist

Discussion:               Brian to come down to Twin buttes to check on the tile for leaking.  Parshall tele-pharmacy will be open April 8, 2009.  Bench Funds miscellaneous funds to take care of handicap parking in Twin Butts.  We don’t have to accept the price, just the abatement.

 

3.     Crunch and Munch Survey: Cheyanne Erickson/Kelly Wold

A presentation was given. 

   

B. Tribal Programs Executive Officer: Laurie Alberts

C. Programs Analyst: Izetta Lattergrass

 1. Roads

She gave an update on the RDO Bill.

 

D. Elbowoods Healthcare Facility: Jim Foote

He gave an update.

 

VII.          TREASURERS REPORT: Frank Whitecalfe

A.     Financial Report: Whitney Bell, CFO

Deferred.

 

 1. Tax Commissioner: Marcus Wells, Sr.

Deferred.

 

B. Small Loans/Independence Loans: Andrew Reed/Ambrose Hosie

Councilman Whitecalfe moved to approve the small loans applicants, medical loans for $54,895.00, education loans for 102,046.16, and personal loans for $345,821.64 for a grand total of $516,922.80. The loans are subject to small loans policy and procedures, second by Councilman Packineau.

 

Discussion:               Paper work in the small loans program is discussed.  There is a $3,500.00 freeze on small loans. There are different criteria on IIM guaranteed loans that are signed off by the BIA Superintendant.  Janis Smith’s loan is brought to Andrews’s attention.  Liz Yellow Bird to be added onto the education loans for $14160.00 per Small Loan Department guidelines. A list of applicants is attached. 

VOTE:                        6 Ayes 0 Nays Motion carried.

 

1.   Liz Yellow Bird Education Loan

Councilman Whitecalfe moved to approve an Educational loan in the amount of $14,160.00 for Liz Yellow Bird subject to small loans department guidelines, second by Councilman Packineau.

 

Discussion:               No discussion.                        

VOTE:                        6 Ayes 0 Nays Motion carried.

    

2.  Business Loan: Velma Zelmer

This was not presented.

 

3.  Business Loan: Jeff White Bear

This was not presented.

 

C. Financial Requests:

 1. Educational Request for Amanda Young

Councilman Whitecalfe moved to approve a grant in the amount of $3500.00 each for three students to travel to Europe with the Ambassador to Ambassador Program, second by Councilman Eagle.

 

Discussion:               There are 30 students in the state of North Dakota but three are from the Three Affiliated Tribes.  This is done as a blanket approval.  Amanda Young is one of the students. 

VOTE:                        6 Ayes 0 Nays Motion carried.

 

 2. Ft. Berthold Traveling Girls Basketball Team Financial Request: Chuck Wells

Councilman Strahs moved to approve of a grant for Dakota Rockets in the amount of $1,500.00 for two tournaments held in Poplar, Montana on March 27th, 28th, and 29th, and Fort Hall, Idaho on April 23rd, 24th, and 25th, 2009.  The motion is second by Councilman Eagle.

 

Discussion:               The hope is for them to have fun, learn something and do well.  Good luck. 

VOTE:                        5 Ayes 0 Nays Motion carried.

 

 3. NTHS Senior Class Trip Request: Cesar Alvarez

Councilman Packineau moved to approve a financial request for the New Town High School Class for a trip to New York City which will be a 50/50 match for $5500.00 from the Three Affiliated Tribes and $5500.00 from the Four Bears Casino with their concurrence for a grand total of $11,000.00, the motion is second by Councilman Whitecalfe.

 

Discussion:               No discussion.

VOTE:                        6 Ayes 0 Nays Motion carried.

 

 4. Broken Walls Financial Request: Elise Packineau

Councilman Eagle moved to approve of a financial request in the amount of $1,900.00 for Broken Walls Drum group to perform at Northern Lights on May 1st and 2nd, 2009, second by Councilwoman Brugh.

 

Discussion:               No discussion.

VOTE:                        7 Ayes 0 Nays Motion carried.

 

 5. Clarice Salamanca-Band Trip for Son

Councilman Whitecalfe moved to approve a financial grant in the amount of $1,000.00 for her son to go on a band trip; the motion is second by Councilman Eagle.

 

Discussion:               What is the sons name?

VOTE:                        6 Ayes 0 Nays Motion carried.

 

 COUNCIL ANNOUNCEMENTS/COMMITTEE REPORTS:

A. Executive Committee: Marcus Levings

 1. Four Bears Casino Report: Spencer Wilkinson Jr.

Not present.

 

 2. Gaming Commission Report: Mark Fox

Not present.

 

4.  Enrollment: John Charging/Nathanial Mayer

Not present.

 

5.  Invitation to Dinner from International Bank to the TBC

This was not presented.

 

B. Judicial/Human Resource: Mervin Packineau

 1. Coalition against Domestic Violence: Roberta Crows Breast

Councilwoman Brugh moved to approve the Treasurer to work on an appraisal on a location for domestic violence and to get three bids to purchase a modular home next to the Justice center that can be moved, second by Councilman Benson.

 

Discussion:               The program has been going for 24 years and the tribe would like to get them a building so they may go for another 24 years.  Indirect cost is discussed.

VOTE:                        7 Ayes 0 Nays Motion carried.          

 

  a. Batterers Group

Discussion only.

 

 2. Criminal Investigations:

Oath of Office was given by James Bighorn, Criminal Investigator. This was administered by Councilwoman Brugh.

  

 3. Personnel Issue: Debbie Staples

This was not presented.

 

 4. Resolution 09-031-VJB DUI Code: Verlee Whitecalfe Sayler

Councilman Whitecalfe moved to approve of a resolution entitled, “Adoption of Title IV-A Amended Driving under the Influence Code.”  The motion is second by Councilman Brugh.

 

Discussion:               This is per family clarifications and corrections.  To take out taking the vehicle away or taking the license plates. Selling the vehicle is to be dropped from the code.  Not to report it to the state.  This is to be brought back to full council if it is not working.   

VOTE:                        7 Ayes 0 Nays Motion carried.

 

 5. MADD Financial Request: Verlee Whitecalfe Sayler

Councilman Whitecalfe moved to approve a grant in the amount of $5,000.00 for the Fort Berthold MADD Youth in Action pilot project for 12 members of the TAT Boys & Girls club, two from each six segment.  The motion is second by Councilwoman Brugh.

 

Discussion:               The money will be used for training, travel, per diem, food, Incentives, survey costs, and supplies.

VOTE:                        5 ayes 0 Nays Motion carried.

 

 6. Occupant Protection Financial Request: Verlee Whitecalfe Sayler

Councilman Whitecalfe moved to approve a grant in the amount of $7,500.00 for the Occupant Protection committee to preserve lives from motor vehicle related crashes.  Funding is to be used for training, travel, events, promotional materials, supplies, and to be used in part to train up to six tribal employees to become Child Passenger Safety Technicians. The motion is second by Councilman Benson.

 

Discussion:               No discussion.

VOTE:                        5 Ayes 0 Nays Motion carried.

 

 7. Resolution 09-32-VJB: Associate Judges: Judy Black Hawk

Councilman Packineau moved to approve of a resolution entitled, “Selection of Associate Judges for Fort Berthold District Court.”  The motion is second by Councilman Whitecalfe.

 

Discussion:               Attached to the resolution is the consultant agreement.

VOTE:                        7 Aye 0 Nays Motion carried.

 

 8. Employee Closeout Issue: Evangeline Conklin

No action taken.

 

 9. Personnel: Barlow Wells

Closed Session.

 

 10. Law Enforcement: Jay Brugh

Closed Session.

 

C. Natural Resource Committee: Barry L. Benson

 1. Marian Shields Land Exchange: Annette Young Bird

Not present.

 

 2. Max James Land Exchange Resolution: Annette Young Bird

Not present.

 

 3. Ft. Berthold Rural Water: Marvin Danks/Texx Lone Bear/Camie Gosnell

  a. Public Works Dept./FBRW: Marvin Danks/Camie  

  Gosnell

Not present.

 

  b. Gerry Nagel Land Sale: Marvin Danks/Camie Gosnell

Not present.

 

  c. Project Listings: Marvin Danks/Camie Gosnell

Not present.

 

4.     Game and Fish Proclamation Fee Increase: Fred Poitra

Not present.

 

5.     Dakota III: Spencer Wilkinson Jr.

Not present.

 

6.     Public Works: Ted Danks

Not present.

 

 7. Ft. Berthold Housing Authority-Conveyance of Rental Unit: Dennis Fox, FBHA Director

Councilman Whitecalfe moved to approve the preliminary figure of $4,706.00 @ 12 units for a total of $56,472.00 for FY’ 09 to be earmarked for Fort Berthold Housing Authority in regards to the Conveyance homes that were approved in the summer of 2008. To include other units besides the 5-1’s (Rainbow). The motion is second by Councilman Eagle.

 

Discussion:               Legal to look at home conveyances.  Tax issues, liable for home after they own it and question on flipping the home.  Insurance issues.  To ear mark $56,000.00 for ten years. A resolution is to be written.  What about the arrears on rent that the renter owes?  They have to pay it.  The $4706.00 is a subsidy that FBHA receives from HUD.  Is The Housing Authority going to charge the owner?  Value of the house will have to be assessed, award the unit then.  It would be other income.  There is a difference between $2700.00 and the $4706.00.   You would only have to pay the difference estimated at about $2,000.00.  Dennis advises that isn’t the way it works.  You couldn’t convert to mutual?  Not all units are 5-1’s (Rainbow).  This would not affect the other units.  The motion would be to include the other units too.        

VOTE:                        6 Ayes 0 Nays motion carried. 

 

  a. H.I.P. to Stay Under TAT

Councilman Packineau move to approve to reaffirm resolution 06-20-VJB.  The motion is second by Councilman Whitecalfe.

 

               Discussion:               No discussion.

               VOTE:                        4 Ayes 2 Nays Motion carried.

                  

                 b. 200 Home Initiative Project

                Councilman Packineau moved for approval to request for

                reconsideration to the Fort Berthold Housing Authority board

                of directors to look at Dynamic Homes once again for a

                minimum of 50% of the 200 Home Initiative project which will

                be 105 homes, second by Councilman Whitecalfe.

 

Discussion:             Are we taking full advantage of the stimulus package?  Why are we only asking for 200 homes when we are 600 homes short?  Because of the money.  We should be going for 300 homes.  There will be 150 more jobs coming.  Is there money available to help develop the homes for the hospital workers?  At least 60 homes are needed.  The homes that will be rentals will turn in homes owned as the projects are completed.

                 VOTE:                     6 Ayes 0 Nays Motion carried.

 

 8. Lot/Land Exchange

This was not presented.

 

D. Economic Development/Education: Scott Eagle

 1. Resolution 09-33-VJB Boys and Girls Club Resolution: Jarrett Baker/Deanna Parisian

Councilman Packineau moved to approve of a resolution entitled, “Three Affiliated Tribes Indigenous Language Preservation.”  The motion is second by Councilman Eagle.

 

Discussion:               This is for a three year grant. The match is at twenty percent and this is part of the twenty percent.  Arikara Language was done by Dr. Parks in 1993-1994.  It was not pushed that hard.                

VOTE:                        7 Ayes O Nays Motion carried.

 

E. Health Committee: Chairman Levings

 1. Asbestos Issue: Stella Burquist/Brian Breuer

This was not presented.

 

VIII.       LEGAL:

 1. Resolution: Dr. Meister Contract Need Number

This was not presented.

 

              2. Resolution: 08-199-SE: Need Approval in Open Session

               This was not presented.

 

              3. Resolution: Catherine Vandermiere Contract Needs     

             Number

               This was not presented.

 

4.   Resolution: Lori Pemberton Contract Needs Number

This was not presented.

 

5.   Business Licenses

This was not presented.

 

IX.             NEW BUSINESS:

A.     Far Eastern Business Women Presented with Star-quilt

Councilwoman V. Judy Brugh presented the gift and gave introductions to the Tribal Business Council. Chairman Marcus Levings presented gifts also.

 

X.                OLD BUSINESS:

A.     Satrom Travel Tour:

This was not presented.

 

B.     Eagle Catch Casino Arbitration (Closed Session)

 

XI.             ADJOURNMENT:

Councilman Whitecalfe moved to adjourn the meeting, second by Councilman Eagle.

 

Meeting adjourned at 10:06 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                                                                                            

 

 

 

                                                                                                 

 

 

 

 

                   


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