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TRIBAL
BUSINESS COUNCIL REGULAR MEETING 09-16-VJB I.
CALL TO ORDER: The meeting was called to order at II.
PRAYER: Darlene Perkins. III.
ROLL CALL: Councilman Barry Benson, Councilman Frank Whitecalfe, Councilman
Mervin Packineau, Councilman Scott Eagle, and Councilwoman V. Judy Brugh are
present. A quorum is established. Chairman Levings arrived later. IV.
APPROVAL OF AGENDA: Dinner Break Councilman Benson-Twin buttes trading post business license IX. E. Councilman Whitecalfe-Casual Cats Basketball Tournament VII. C. 8. Councilman Whitecalfe-Financial Consultant Agreement IX. F. Councilman Eagle-Tourism Karen Pates-Resolution VIII. B. 8. Councilman Eagle-Purchase of Snow Removal Truck Frank Silletti
VIII. E. 5a Councilman Packineau- Remove Parshall Headstart but in Arrow Winds
Proposal VIII. B. 3. Councilman Packineau-Financial Request Brady Womens Basketball team
VII. C. 9. Councilwoman Brugh moved to approve of the amended agenda, second
by Councilman Eagle. Discussion: Councilwoman
Brugh, Chairman Levings and Councilman Strahs add-ons are reserved. Jarrett
Baker has asked to be removed from the agenda for Suicide Prevention Resolution. VOTE: 5
ayes 0 Nays Motion carried. V.
APPROVAL OF MINUTES: Councilman Whitecalfe moved to approve of the Discussion: How is
it handled when someone that is approved in a TBC meeting to go on a trip,
doesn’t go? Whitney Bell is to be
notified. VOTE: 5 Ayes 0 Nays Motion carried. A.
Resolution Number Correction Deferred. VI.
CHAIRMANS REPORT: Marcus Levings A.
Twin Buttes Casino: Michael
Roy,
This was not presented. B.
Federal Programs Executive
Officer: Max Dickens This was not presented. C.
Tribal Programs Executive
Officer: Camie Gosnell 1. Resolution 09-041-VJB: USDA Loan Grant-Marvin
Danks Councilman Eagle 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 $4,56,900.00 for the North Segment (New Town) Area 1 and 3
Water Distribution Project for the For Berthold Rural Water System.” The motion is second by Councilman
Whitecalfe. Discussion: VOTE: 5
Ayes 0 Nays Motion carried. 2. Stimulus Package Employee Recognition Councilman Eagle moved for a blanket approval for all those
employees that are in need of recognition that worked hard removing snow during
the snow storms. Incentives are in the
amount of $500.00 each. The motion is
second by Councilman Packineau. Discussion: This is to include Utilities, Rural Water,
FBHA, Casino workers, and any other people that worked hard clearing the roads
during the snow storms. It is not
intended to leave anyone out. VOTE: 5
Ayes 0 Nays Motion carried. D.
Programs Analyst: Izetta
Hopkins This was not presented. E.
Elbowoods Health Facility:
James Foote
This was not presented. VII.
TREASURERS REPORT: Frank Whitecalfe A.
Small Loans: Andrew Reed Councilman Benson moved to approve of medical, educational loans and
to keep the ceiling of $3,500.00 on personal loans. This is subject to the policy and procedures
of the Small Loans Department, second by Councilman Packineau. Discussion: The
superintendant was here. There is a check
list that he signs off on. The proper
document is being submitted to the BIA/OST for the IIM accounts. There is an amendment
to the motion to approve not only the medical and education but also Personal
loans with a ceiling of $3,500.00. No
funds will be injected into Small Loans, it will be revolving. Andrew will turn the repossessed RV over to
property for licensing and insurance, to use it as a community response vehicle
in times of need for the workers. A report will be given on VOTE: 5
Ayes 0 Nays Motion carried. B.
A report will be given on C.
Financial Requests 1. August Little Soldier Medical
Request Councilman Eagle moved to
approve of Stella Burquist to seek funding in the amount of $8,284.00 for August
Little Soldier through Blue Cross Blue Shield
and to seek other funding until all other funding sources
are exhausted then if not to bring back to Tribal
Business Council. The motion is second by Councilwoman Brugh. Discussion: There are other options that need
to be looked into for our
elders. This is something that our
respective elders organizations in
our communities could be working on. VOTE: 5 Ayes 0 Nays Motion
carried. 2. Workshop in Deferred. 3. Young Bear Round Dance Financial
Request: James Phelan Councilman Whitecalfe moved to approve $8,000.00 for the Young Bear
Round Dance Financial request. The
motion is amended to $2,500.00 from the Three Affiliated Tribes and $2,500.00
from the Four Bears Casino for a total of $5,000.00, second by Councilman
Eagle. Discussion: There
is a set amount for celebrations. VOTE: 6 Ayes 0 Nays Motion
carried. 4. 2009 Four Bears Celebration
Request/Blanket for All Celebrations Councilman Whitecalfe moved for approval of a blanket financial
support in the amount that is set aside in the budget for each celebration in
the six segments not to exceed 32,000.00 each.
The motion is second by Councilwoman Brugh. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. 5. 2009 Arikara Celebration
Request Councilman Whitecalfe moved to approve the request for $4,000.00 to the Arikara Celebration
Committee for the loss of fund raising due to closure of segment building for renovations. The motion is second by Councilman Packineau. Discussion: The motion is withdrawn and
the second is withdrawn. 6. MADD Financial Request: Verlee Whitecalfe Saylor Councilman Packineau moved
to approve funding in the amount of $7,500 for Ft. Berthold MADD
Chapter for their kick off, second by Councilman Whitecalfe. Discussion: This averages out to be a little
over $1,000.00 per segment. VOTE: 5 Ayes 0 Nays Motion carried. 7. Request for Travel Assistance:
RJ Smith Referred back to the
Treasurers office. 8. Casual Kats
Request: Councilman Whitecalfe moved
to approve of a $1220.00 for 10 boys to go to a
basketball tournament in $120.00 apiece. The motion
is second by Councilman Benson. Discussion: This
is for both weekends. VOTE: 5
Ayes 0 Nays Motion carried.
9. Coach Brady’s Women’s Basketball
Tournament Councilman Eagle moved for
Coach Brady’s Women’s basketball team for $3,000.00,
second by Councilman Brugh. Discussion: The
tribal council would like to put fundraising for a match in place. The motion
is amended to 2/3 of the request in the amount of $2,000.00 approved by the
maker and the second. VOTE: 5
Ayes 0 Nays Motion carried. VIII.
COUNCIL ANNOUNCEMENTS/COMMITTEE
REPORTS: A. Executive
Committee: Marcus Levings 1. Four Bears Casino Report: Spencer Wilkinson
Jr. a. Four Bears Casino Financial Report Councilman Packineau moved to approve the general manager and CEO
financial report for Discussion: Improvements
to the lodge is discussed. For the
record, TAT received a distribution of $300,000.00. The smoke free slots will be opening in the
Four Bears C-store. VOTE: 5
Ayes 0 Nays Motion carried. 2. Gaming Commission Report: Mark Fox a. Key and Non Key Licenses- Temporary Application Councilman Eagle moved to approve of the 27 Key and Non-Key
Temporary license applications, second by Councilwoman Brugh. Discussion: No
discussion. VOTE 6
Ayes 0 Nays Motion carried. b. Gaming Commission (Closed Session) 3. Enrollment: a. Resolution 240 Applicants/Rescind
Resolution 09-020-VJB: Councilman Brugh moved to approve to rescind resolution number
09-20-VJB and approve of a new resolution entitled, “240 Eligible Enrollment
Applicants.” The motion is second by
Councilman Eagle. Discussion: A
change to the last paragraph regarding the moratorium. To follow the constitution is what council
wants to do. Councilman Eagle questions
if there are other applicants that met the criteria and the cut-off date of b. Resolution 09-044-VJB: 237 Applicants Councilman Packineau moved to approve a resolution entitled, “237
Eligible Applicants.” The motion is
second by Councilman Eagle. Discussion: Where
are the numbers at for enrollment? John
will try to get council a report next week.
VOTE: 4
Ayes 1 Nays Motion carried. 4. a.
MOA for Polycom System Councilman Brugh moved to
approve of an MOA with FBCC for the upgrade and sharing of the PolyCom
System. The motion is second
by Councilman Eagle. Discussion: VOTE: 5 ayes 0 Nays Motion carried. b. Resolution
09-045-VJB: Staff Development Councilman Packineau moved
to approve of a resolution entitled, “MHA Employees Staff Development via
FBCC.” The motion is second by
Councilman Eagle. Discussion: The TAT will give the FBCC first
priority with trainings and classes.
This is not mandatory. VOTE: 5 Ayes 0 Nays Motion carried. c. Resolution 09-046-VJB:
Priority in Funding FBCC Councilman Eagle moved to
approve of a resolution entitled, “FBCC Students Given Priority in Grant Funding.” The motion is second by Councilman Packineau.
Discussion: The funding timeline is
discussed. Students shouldn’t be
penalized if they choose to go to another college. Accreditation helps the college. VOTE: 5 Ayes 0 Nays Motion carried. 6. Personnel: Barlow Wells,
Director (Closed Session) See personnel action forms. 7. Alternate Delegate for
NIGA Councilman Packineau moved
for Kim Abby to be the alternate delegate for NIGA, second by Councilman Eagle. Discussion: VOTE: 5 Ayes 0 Nays Motion
carried. B. Economic/Education
Committee: Councilman Scott Eagle 1. Resolution 09-052-VJB: TRIAD Refinery:
Horace Pipe Councilman Packineau moved to approve of a resolution entitled,
“Designation of Tribal Representatives to draft and submit comments the
proposed Clean Fuels Refiner-Final environmental Impact Statement (EIS).” The motion is second by Councilman Eagle. Discussion: Parshall
Lucky Mound has been waiting along time for this. Legal Department will review the
language. VOTE: 5
ayes 0 Nays Motion carried. 2. Tourism: Ted Lonefight III a. American Indian Informational. 3. Arrow Winds Proposal LLC: Pat Packineau Councilman Benson moved for approval to go forward with Arrow Winds
LLC, with Legal description for 4000 acres in the Parshall Lucky Mound area,
second by Councilman Packineau. Discussion: It
would be a good thing to develop the whole thing reservation wide with all the
experts. Pat is working with Mr. Hegre. VOTE: 3
Ayes 2 Nays Motion carried. 4. Dream Catcher Program This was not presented. 5. Stimulus Tip List/Breslin Addition/Flickertail
Contract: Curt Wells Councilman Eagle moved to approve of the Breslin Addition in New
Town/Litte Shell, it has been advertised, approved, and submitted for formal
approval. The amount is for $1.3
million. The contract is with
Flickertail. The motion is second by
Councilman Packineau. Discussion: If
the costs go over, it will be the responsibility of Flickertail. If they are under, they keep the money. VOTE: 5
Ayes 0 Nays Motion carried. 6. Re-Resolution for General Tip: Curt Wells Councilman Eagle moved to approve the tip resolution and the deletion
of BIA 27 Wells road from the FY-08 list, second by Councilman Packineau. Discussion: TAT
legal department is to review the resolution and to bring back the resolution
in May for numbering. The Stimulus is
2009 so that can be left in there. VOTE: 5
Ayes 0 Nays Motion carried. 7. Not present. 8. TAT Roads Purchase
of Truck Councilman Eagle moved to
approve of to purchase a truck for the TAT Roads Department subject
to testing by a mechanic,
second by Councilman Benson.
Discussion: No
discussion.
VOTE: 5
Ayes 0 Nays Motion carried. C. Health
Committee: Chairman Levings Nothing to present. D. Judicial
Drug & Alcohol/Human Resource Committee: Vice Chairman Mervin Packineau 1.
Non-Enrolled Detainment:
Dennis Johnson/Ron Renkin They are not present. 2. Resolutions: Verlee Whitecalfe Saylor, Public Health
Sanitarian a. Resolution
09-048-VJB: Suicide Prevention Task Force: Verlee Whitecalfe Saylor Councilman Eagle moved to approve of a resolution entitled, “Authorization
for Establishment of a Tribal Suicide Prevention Taskforce.” The motion is second by Councilman Benson. Discussion: The
resolution was sent to legal. VOTE: 5
Ayes 0 Nays Motion carried. b.
“Sakakawea” Injury
Prevention Coalition: Verlee Whitecalfe Saylor Councilman Eagle moved to
approve of a resolution entitled, “Sakakawea Area Injury
Prevention Coalition.” The motion is second by Councilman Benson. Discussion: No number is given until it is in
the proper format and that the resolution has gone
before legal department. Motion and second are withdrawn. c.
Resolution 09-049-VJB: State
Tribal Youth Suicide Prevention Grant Councilman Benson moved to
approve of a resolution entitled, "State and Tribal Youth Suicide
Prevention Grant." The motion is
second by Councilman Eagle. Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried. 3. Law Enforcement: Jay Brugh, Chief of Police
(Closed Session) E. Natural
Resource Committee: Councilman Barry Benson 1. Resolution 09-050-VJB: Max James Land Exchange/Preapproved: Annette
Young Bird Councilwoman Brugh moved to approve of a resolution entitled, “Approval
of Land Exchange between the Three Affiliated Tribes and Max James.” The motion is second by Councilman Eagle. Discussion: Who
is your appraiser? Roger Simbulok. A suggestion is to do a contract with an
appraiser. VOTE: 5
Ayes 0 Nays Motion carried. 2. Kodiak Oil and Gas Corp.: Michael N. Murray He gave an update. 3. Resolution 09-051-VJB: Robert Gorder Property
Purchase Councilman Eagle moved to approve of a resolution entitled,
“Approval of the Purchase of Real Property from Robert G. Gorder.” The motion is second by Councilman Packineau. Discussion: This
is ratification to a resolution that was approved last summer. VOTE: 5
Ayes 0 Nays Motion carried. 4. Agriculture Program This was not presented. 5. MHA Roping Club Request: Everett Hall Councilwoman Brugh moved to approve of a grant in the amount of $2,500.00
from the Three Affiliated Tribes and $2,500.00 from the Four Bears Casino,
second by Councilman Benson. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. 6. Resolution 09-047-VJB:
Everett Hall Appointed to TERO Board Councilwoman Brugh moved to approve of a resolution entitled, “Approval
of Four Bears Segment Tribal Council representative, Commission, and Board
Appointments.” The motion is second by
Councilman Eagle. Discussion: We
haven’t had a TERO meeting yet. VOTE: 5
Ayes 0 Nays Motion carried. 7. An update was given. 8. MHA Holding & Spotted Hawk Lease: Fred
Fox Councilman Whitecalfe move to approve of a lease to be authorized
for MHA Holding and Spotted Hawk for tracts 1042A & 1042A-B, 22 ½ royalty, 159
total acres. Motion is second by
Councilman Eagle. Discussion: As
long as there is a resolution and the information is correct. We don’t want to be taking away from
somebody. VOTE: 6
Ayes 0 Nays Motion carried. 9. Peak Activity: Alex Mclean/Jack Vaughn An update was given. 10. Arrow Pipeline: Spencer Wilkinson Jr. Councilwoman Brugh moved for approval of a partnership to move forward with phase 1 A & B, $48
million. This is for 28 miles total. Councilman Whitecalfe seconds the motion. Discussion: The Partnership is between Arrow Pipeline
and Saddle Butte Pipeline. VOTE: 6
Ayes 0 Nays Motion carried. 11. Dakota 3
IMDA & Kodiak Lease Issue: Fred Fox Clarification on lease mix up is given. 11. Dakota 3/Z
Energy: Spencer Wilkinson Jr. An update was given. IX.
Legal Department: Damon
Williams A.
Resolution
This was not presented. B.
Resolution 09-042-VJB: Amendment
to Tribal Code-Garnishment Councilman Packineau moved to approve of a resolution entitled,
“Amendment of Three Affiliated Tribes Code of Laws-Title II Civil Rules,
Chapter 1 Rules of Civil Procedures, Rule 16 Enforcement of Judgment.” The motion is second by Councilman Eagle. Discussion: The
resolution should say federal student loans on the second page. You can voluntarily do a wage assignment but
we don’t garnish wages. VOTE: 6
Ayes 0 Nays Motion carried. C.
Resolution 09-043-VJB: Limited
Waiver of Sovereign Immunity(Repossession) Councilman Whitecalfe moved to approve of a resolution entitled,
“Approval of Limited Waiver of Sovereign Immunity-Northland Financial/Midwest
Leasing-Repossession.” The motion is
second by Councilman Eagle. Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried D.
Business Licenses:
Councilman Packineau moved to approve of an alcohol beverage license for Izetta Spotted Bear for Twin Buttes
Trading Post and for a business license for the Twin Buttes
Trading Post convenience store, second by Councilman
Benson.
Discussion: This is
from April 9, 2009 to April 9, 2010.
VOTE: 6 Ayes
0 Nays Motion carried. E.
Resolution on Tribal Land
Trades/Sales
This was not presented. F.
Resolution 09-040-VJB: Financial Advisory Agreement- Steven W.
Erickson and Michael Frank Councilman Eagle moved to approve of a resolution entitled, “Approval
of Financial Advisor Agreement with Steven W. Erickson and Michael Frank for
Refinancing of Tribal Debt.” The motion
is second by Councilman Whitecalfe. Discussion: The
projects are discussed that this will be used for. VOTE: 5 Ayes 0 Nays 1 Abstained Motion
carried.
Councilman Scott Eagle presents the New Town Wrestling team and the coaches with star
quilts. X.
New Business: A.
Census Bureau: Jody Weinholt An update was given. B.
This was not presented. XI.
Old Business: A. Funding
for 210 Homes. Councilman Eagle moved for approval on $3 Million today, April
9, 2009 and $18 Million in May for the 210 homes and to continue forth with the
negotiations and completion of paper work, second by Councilman Packineau. Discussion: Terms
will be at prime, no finder’s fee, and no other fees on top of the issue. Very workable. The segments are to decide on their own
company to build the homes in their segments.
There are three vendors. This is
authorization for the Treasurer, CFO, Accountants, and Chairman to gather
information to get the funding that is needed for the $3,000,000.00. VOTE: 5
Ayes 0 Nays Motion carried. B. Resolution
of Support for Shakopee to be Drawn Up Councilman Benson moved to approve of a resolution to be drawn up
and taken to NIGA that gives support to Shakopee in regards to the new Union
Law, subject to legal review, second by Councilman Packineau. Discussion: This
is subject to legal and the Secretary review.
VOTE: 5
Ayes 0 Nays Motion carried. C. Clean-up of
Carcasses: Verlee Whitecalfe/Annette Young Bird Councilman Eagle moved to approve to have EPA, Elton Spotted Horse
Director and workers, clean up the dead carcasses on the Fort Berthold
Reservation lost during the snow storms.
The motion is second by Councilman Benson. Discussion: This
is a health issue. This motion includes the authorization for overtime. The cleanup will start tomorrow. VOTE: 5
Ayes 0 Nays Motion carried. D. Hay NRC:
Annette Young Bird Councilman Eagle moved to approve of the Hay purchased in the
amount of $73,351.35, second by Councilman Packineau. Discussion: This
had previous approval. VOTE: 5
Ayes 0 Nays Motion carried. E. Domestic
Violence: Brooklyn Maxon Councilman Eagle moved to approve to authorize the management team to
work with the state and pertinent applicable authorities to do a federal review,
second by Councilman Packineau. Discussion: It
is frustrating when it seems the state isn’t going to do anything. There needs to be a shelter in place for our
communities. A building was given in
Parshall and at the clinic. The council was told that they don’t help. That wasn’t true so we corrected it. The
General fund is utilized, and so the Tribal Business Council can put their
board in place. An employee doesn’t want
to work unless better management or board is in place. There is a question whether the accounts are
frozen and can the employees be paid.
The program is behind one year in regards to the two federal components. This doesn’t include any of the state
programs. The state funding goes
directly to the program so there are probably some reporting issues as
well. At this point they cannot make any
draw downs. Rest assured that there will
be something done to fix the problem because this is a program that helps. An e-mail had been sent to the director
stating that this issue needed to be resolve expeditiously; the program has
been suffering needlessly, and will continue to suffer until the matter has
been resolved. The amount of stimulus
funds and lack of attendance at the Stimulus meeting is discussed. VOTE: 5
Ayes 0 Nays Motion carried. F. Resolution on
09-053-VJB: Fenix Group Councilman Eagle moved to approve of a resolution entitled, “Community
Economic Development Discretionary Projects In Collaboration with the Fenix
Group, Community Development Corporation Acting as the Lead Agency and
Applicant Grants Coordinator.” The motion is second by Councilman Brugh. Discussion: Application
is discussed. VOTE: 5
Ayes 0 Nays Motion carried. G. Ft. Berthold
Housing Authority Board Issues Councilman Packineau moved to approve to have Barry Benson replace Discussion: This
is for clarification for the FBHA board.
VOTE: 5
Ayes 0 Nays Motion carried. H. June Finley
Parshall Sewer line Councilman Packineau moved to approve $3,000.00 from the Helping
Hands Program for June Finley for a Sewer line, second by Councilman Benson. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. XII.
ADJOURNMENT: Councilman Eagle moved to adjourn, second by Councilman Packineau. Meeting adjourned at 1:03 A.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. Tribal Business
Council, Tribal Business Council, Three Affiliated
Tribes Three
Affiliated Tribes
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