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TRIBAL
BUSINESS COUNCIL REGULAR MEETING 09-23-VJB I.
CALL TO ORDER: The meeting was called to order at II.
PRAYER: Crystal Hallum III.
ROLL CALL: Councilman Barry Benson, Councilman Arnold Strahs, Councilman Scott
Eagle, Treasurer Mervin Packineau, and Executive Secretary V. Judy Brugh are
present. A quorum is established. Chairman Marcus Levings arrived at IV.
APPROVAL OF AGENDA: A. Council
Add-On Councilman Benson-St. Joseph’s Catholic Church XIV. D. Councilman Strahs-Reserved Councilman Eagle-Reserved Councilwoman Brugh-Reserved Councilman Packineau-Reserved
Councilman Whitecalfe-Arikara Ceremony at Lower Brule XV. Spirit Riders of White Shield XVI. Councilwoman Brugh moved to approve of Treasurer Whitecalfe
additions to the amended agenda, second by Councilman Strahs. Discussion: Councilman
Whitecalfe is not present at the meeting due to family health issues but his additions
will be honored and presented. VOTE: 5
Ayes 0 Nays Motion carried. V.
APPROVAL OF MINUTES: Deferred. A.
Resolution Number Corrections Councilwoman Brugh moved to approve of the correction to the
numbering of 09-059-VJB and 09-060-VJB, second by Councilman Eagle. Discussion: There
were two resolutions with the same number of 09-059-VJB, therefore one will
stay the same and will be changed to 09-060-VJB. The resolution with the number 09-060-VJB
will then be changed to 09-061-VJB. VOTE: 5
Ayes 0 Nays Motion carried. VI.
CHAIRMANS REPORT: Marcus Levings A.
Federal Programs Executive
Officer: Camie Gosnell 1. Elder Homes: Jackie Jackson a. Carmen Eagle Homesite Councilman Packineau moved to approve the purchase of a homesite
through the Elder Program in Discussion: VOTE: 5
Ayes 0 Nays Motion carried. b. Parshall Lot Purchase from Red Sanderson Councilman Eagle moved for approval to purchase a lot in Parshall
from Red Sanderson for $2,500.00, subject to Natural Resource Department
Director approval, second by Councilman Strahs. Discussion: This
will come out of the general fund through Natural Resource. VOTE: 6
Ayes 0 Nays Motion carried. c. Alfreda Good Iron Councilman Benson moved to approve the land exchange for Alfreda
Good Iron, subject to the policy and procedure of the Natural Resource
Department and Verification by Natural Resource Chairman. The motion is second by Councilman Packineau. Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried. d. 2 Million for McCann and Dynamic Homes Councilman Packineau moved to approve 2 million dollars for
building homes. One million will go to
Dynamic Homes, and one million will go to McCann Home Builders, second by
Councilman Eagle. Discussion: Water
is discussed. This will come out of
Native American Bank until Shakopee can be utilized. Shakopee to take care of balloon payments for
TAT and the Casino, and the houses. VOTE: 6 Ayes 0 Nays Motion carried. 3. Domestic Violence Report: Roberta Crows
Breast/Linda Thompson Discussion Only. 4. Exploration/Saddle Discussion only. 5. Indian Action II to do Road Work Councilman Packineau moved to approve the Indian Action II program
to assist the Elder/HIP/Chairman/Parshall Daycare with building their
roads. The motion is second by
Councilman Strahs. Discussion: Delmar
Wilson and Daryl are to assist the Twin Buttes area with their roads. There are 3 HIP, 14 Elder, and 10 Chairman
Homes to be assisted with. VOTE: 6
Ayes 0 Nays Motion carried. 6. This will be brought to the 7. Natural Resource Department New Division: Annette Young Bird Councilman Strahs moved for approval to start a new division of
Natural Resource Department to be named as “Division of Right-of-way and Water
Resources, NRC Director to work out the logistics. The motion is second by Councilman Packineau. Discussion: Just
need a place to house the program, to work with Camie Gosnell. VOTE: 6 Ayes 0 Nays Motion carried. 8. Stimulus Package Meeting Camie gave an update. Camie
is to have a meeting with the CHR Program regarding transporting. B.
Tribal Programs Executive
Officer: C.
Programs Analyst: D.
Elbowoods Healthcare
Facility: 1. Army Corp. of Engineers Discussion only. 2. Native
Construction Careers Initiative: Kevin Buckles They gave a
presentation. Monte Gamble attended with
Kevin. E.
Honorarium 1. Damon Williams Councilman Eagle moved to approve of a $5,000.00 and a buffalo robe
honorarium for his swearing in with the North Dakota State Bar Association,
second by Councilwoman Brugh. Discussion: VOTE: 6
Ayes 0 Nays Motion carried. 2. Jarrett Baker Councilman Eagle moved to approve of a $2,500.00 and Star Quilt
honorarium for Jarrett Baker, second by Councilman Strahs. Discussion: VOTE: 6
Ayes 0 Nays Motion carried. 3. Edwin Benson Councilman Strahs moved to approve of a Buffalo Robe and a $500.00
honorarium for Edwin Benson. The motion
is second by Councilman Eagle. Discussion: VOTE: 6
Ayes 0 Nays Motion carried. 4. Michelle Crows Heart and Marvel Heart Councilman Strahs moved to approve of a Star Quilt and a $500.00
honorarium for Michelle Crows Heart and Marvel Heart, second by Councilman
Eagle. Discussion: This
is for Award of the Year & Top Gun Award. VOTE: 6
Ayes 0 Nays Motion carried. F.
Moving Expense: Doreen
Yellow Bird This was not presented. VII.
TREASURERS REPORT: Mervin Packineau A.
Financial: Whitney Bell, TAT
CFO He gave an update. 1. Native American Bank: Dave Gilman, President & CEO- Denver, Co. A presentation was given.
2. Steve Erickson/David Noack Presentation only. B.
Small Loans: Andrew Reed 1. Robert Finley(Closed Session) 2. Deduction
Funds to Small Loans for $20,000.00 Councilman Strahs moved to
approve $20,000.00 from the payroll deduction funds to go
back into the Small Loan Department. The motion is second by Councilman Eagle.
Discussion:
VOTE: 6 Ayes
0 Nays Motion carried. C.
1. Business Loan: Charles Moran He will come back to the
Tribe at another time. D.
Financial Requests:
1. Twin Buttes Celebration
Financial Request Discussion: All segments will receive the same $32,500.00. 2. Workshop in This was not presented. 3. Request for
Moving Trailer Home: Katherine Young Bear Councilman Benson moved to approve of a
$5,000.00 loan for Katherine Young Bear to move a trailer back to the
reservation. The motion is second by
Councilwoman Brugh.
Discussion: Camie
Gosnell FPEO will check to see if one of the departments can move it. To check with Jackie Morsette to borrow tires
from the FEMA trailers. VOTE: 6
ayes 0 Nays Motion carried. 4. Medical
Request for Jody Fox Altringer: Barry Benson This was not presented. 5. Medical
Grant for Medicine Man Request by Beulah Chapin: Councilwoman V. Judy Brugh This was not presented. 6. Education
Grant Request Wayne Fox Councilman Packineau moved to approve of an educational Grant in the amount of
$2,700.00 for Wayne Fox, seconded by Councilwoman Brugh. Discussion: Correction
to the amount of the motion, it is for $2,500.00 not
$2,700.00 (for the Docket). come up with the other
$200.00. This is for a doctoral degree. VOTE: 6 ayes 0 Nays Motion
carried. 7. RAV Financial Request: Verlee Whitecalfe
Saylor Councilman Benson moved to
approve of $7,000.00 for the RAV Veterinarians coming to Councilman Packineau. Discussion: They will be starting on the 9th
of July in Twin Buttes. VOTE: 6 Ayes 0 Nays Motion carried. 8. Educational
Request: Brad Kroupa This was not presented. 9. Denny Wolf Financial Request Councilman Eagle moved to
approve a grant in the amount of $2,900.00 and a loan in the amount of $2,900.00 for a total of $5,800.00
for Denny Wolf to purchase a bull and 10 heifer steers, second by Councilman
Benson.
Discussion: This is
coordinated with the Boys and
Girls club.
VOTE: 6 Ayes
0 Nays Motion carried. 10. Dan Hunts Along Financial
Request & Education Loans Councilman Packineau moved to approve of a small loan in the amount
of $15,000.00 for leases and ranching needs for Gerald Hunts Along and the
Educational loans for $11,300.00. The
grand total is $26,300.00, second by Councilwoman Brugh. Discussion: This does not include medical or
personal loans. The rest will be brought
to the VOTE 6
Ayes 0 Nays Motion carried. 11. Financial Request: Camilla Wilkie-Grinnell This was not presented. 12. Elder Financial Request: June Packineau This was not addressed. 13. Ceremony Financial Request: Arlie Knight Councilwoman Brugh moved to
approve of a grant in the amount
of $7,000.00 for a Hide Beating Ceremony, second by Councilman Eagle.
Discussion: Can’t
pull together 18 hides, but the Tribe can do 7 hides. This will be June
4-6, 2009. The last time that this was done was in
1879. This is a Hidatsa ceremony. VOTE: 6
ayes 0 Nays Motion carried. E. OST/TAT
Investment of Accounts Letter: Austin Gillette COUNCIL ANNOUNCEMENTS/COMMITTEE REPORTS: A. Executive
Committee: Marcus Levings 1. Four Bears Casino Report: Spencer Wilkinson
Jr. 2. Gaming Commission Report: Mark Fox a. New Employees for Temporary Licenses Councilwoman Brugh moved to approve of 43 employees for Temporary
License, second by Councilman Packineau Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried. b. Report Mark gave a report. 3. Enrollment: a. Dustin Youpee Enrollment Councilman Eagle moved to approve of Enrollment for Dustin Youpee,
second by Councilman Benson. Discussion: This
is re-enrollment. Enrollment won’t be
opened back up. This is an exception
because of custody issues. Another re-enrollee is brought up as an example.
Payment back to other tribes and the VOTE: 4
Ayes 1 Nays 1 Abstention. Motion
carried. b. Resolution 09-073-VJB: 105 Applicants Enrolled Councilman Packineau moved to approve of a resolution entitled, “105
Eligible Enrollment Applicants.” The
motion is second by Councilman Eagle. Discussion: Dustin
Youpee is to be added to this list to make it 105 applicants. Legal says to have another Therefore be it resolved to rescind the
portion of resolution to re-open or end the moratorium on enrollment. Otherwise there will be two conflicting
resolutions. A Councilman thought that it was just up to
the date of the referendum and didn’t know there was a moratorium. By these actions, the criteria have been
changed. The thing to do now would be to
keep enrolling until the membership changed the criteria. A Were As will be added to include by
Reference 09-044-VJB. All the people
that applied prior to the November cut off date can enroll. Until there is a decision by the BIA, end the
moratorium. To contact the BIA and let
them know they are putting the tribe in a tough spot. To carry out the intent of the resolution to
ratify the previous resolution “237 applicants”. The moratorium is lifted and to enroll the
104 applicants plus Dustin Youpee. Then after this there is no moratorium. VOTE: 4
Ayes 2 Nays Motion carried. 4. Personnel (Closed Session) Barlow Wells, Human Resource Director presented. a. Acting Chief of Police Councilman Packineau moved to authorize a class I suspension to Jay
Brugh, second by Councilman Benson. Discussion: He
is to appear at the Special Tribal Business Council meeting for a rebuttal. VOTE: 4 Ayes 0 Nays 1
Abstention (VJB) Motion carried. B. Economic
Development/Education Committee: Councilman Scott Eagle 1.
Temporary Collateral
Assignment: Clarence O’Berry Discussion with Tribal Business Council and CFO. This will be brought back to the 2.
Resolution: a. Resolution:
Councilman Strahs moved to approve of a resolution entitle,” Authorization
of Mandaree School’s Request to apply for Stimulus Funding under the American
Reinvestment and Recovery Act of 2009.”
The motion is second by Councilman Benson. Discussion: Motions rescinded by
Councilman Benson and Councilman Strahs. FPEO Camie Gosnell will follow
up on the Stimulus packages with the schools and get back to the Tribal
Business Council before this meeting adjourns.
b. Resolution 09-070-VJB: Councilman Strahs moved to approve of a resolution entitled, “Authorization
of Mandaree School, Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried. 3.
Awa Aaga Ruxbaaga Dba
Hidatsa Revitalization Project: Waylon Pretends Eagle 4.
Headstart Grant Application:
Sarah Young Bird 5.
C. Health
Committee: Chairman Levings 1. Dr. McGrill (Closed Session) Discussion only. 2. Minne Tohe Monetary Donation Councilwoman Brugh moved to
approve a monetary donation to the Minne Tohe
Health Clinic for a one year anniversary in the amount of
$2,043.00, second by Councilman Packineau. Discussion: VOTE: 5 Ayes 0 Nays Motion carried. D. Judicial
Drug & Alcohol/Human Resource Committee: Treasurer Mervin Packineau 1.
Roads Dept.: Curt Wells,
Director a.
Resolution 09-071-VJB: TIP
List for FY-09 Councilman Benson moved to approve of a resolution entitled,
“Additional Routes & Maintenance work to be included in the Revised
Transportation Improvement Program “TIP” List.”
The motion is second by Councilman Packineau. Discussion: Last
Summer the tribe was looking at a strategy with VOTE: 6
Ayes 0 Nays Motion carried. b.
Resolution 09-072-VJB:
Corrections to Routes on the Stimulus Package Councilman Packineau moved to approve of a resolution entitled,
“Proposed Tribal Roads Projects for the Three Affiliated Tribes BIA Stimulus
Package.” The motion is second by
Councilman Strahs. Discussion: No
discussion. VOTE: 6
Ayes 0 Nays Motion carried. c.
Tribal Roads d.
Load Restrictions It will cost $4300.00 for a
scale x 4 scales. 2.
Law Enforcement 3.
Bernadine Young Bird E. Natural
Resource Committee: Councilman Barry Benson 1. TRIAD $500,000: Horace Pipe Treasurer Packineau will let TRIAD know if they have to attend the
Budget meeting on 2. Questar Exploration & Production: Fred
Fox 3. Resolutions forwarded from NRC Mtg. VIII.
Legal Department: Damon
Williams/Jennifer Fyten 1. Resolution 09-075-VJB: Dakota 3 E&P Assignment to Kodiak Councilwoman Brugh moved to approve of a resolution entitled,
“Approval to Dakota-3 E & P Company, LLC to Assign 1950.96 acres under its
Indian Mineral Development Agreement-Contract No.7420A49001 to Kodiak Oil and
Gas for comparable acreage.” The motion
is second by Councilman Eagle. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. 2. Business Licenses Councilman Packineau moved to approve of Business & Alcohol
Beverage Licenses, second by Councilman Strahs. Discussion: Approval
is for Ft. Berthold Development Corporation (Four Bears Casino) Alcoholic
Beverage License, Four Bears Casino & Lodge-Business License Renewal, Nash
Automotive –Dennis Nash-Business License Renewal, Hale Marina-James &
Donita Hale-Business License Renewal, NHA Systems-Richard Mayer-Business
License Renewal, and Native American Promotions-Romiro Damian-New Business
License. VOTE: 5
Ayes 0 Nays Motion carried. 3. Resolution 09-077-VJB: Public Transportation on Indian Reservation Councilman Eagle moved to
approve of a resolution entitled, “Public Transportation on Indian Reservation
Programs: Tribal Transit Program Grant.” The motion is second by Councilman
Strahs. Discussion: It would be under roads. VOTE: 5 ayes 0 Nays Motion carried. 4. Resolution 09-076-VJB: Sakakawea Area Injury Prevention
Coalition Councilman Packineau moved to approve of a resolution entitled, “Sakakawea
Area Injury Prevention Coalition.” The
motion is second by Councilman Strahs. Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried. 5. Resolution
09-074-VJB: Signatory Authority Councilman Strahs moved to
approve of a resolution entitled, “Appointment of Executive Officers
Authorized of the Tribal Business Council as of Authority to Chairman Marcus D. Levings and
the Treasurer of the Three Affiliated Tribes.” The motion is second by Councilman Packineau.
Discussion: This just reinforces the
constitution and there will be no retroactive
ratification.
VOTE: 6 Ayes 0 Nays Motion carried. 6. Resolution
09-078-VJB: Arrow Wind LLC Contract
Councilman Strahs moved to approve of a resolution
entitled, “Approval of Wind Energy
Development and Joint Venture Agreement with Arrow Wind, LLC.” The motion is second by Councilwoman Brugh. Discussion: No discussion. VOTE: 3 Ayes
1 Nays 1 Abstention (MP) Motion carried. 7. Amendment to Resolution 08-145-VJB: Harlan Deane Land Exchange Councilman Packineau moved to
approve of an amendment to a resolution entitled, “Approval of Land
Exchange between the Three Affiliated Tribes and
Harlan Deane." The motion is second by Councilman Strahs. Discussion: This is making it right, 80 acres
for 80 acres.
The legal description has been corrected. VOTE: 5 Ayes 0 Nays Motion carried. 8. Bankruptcy Issues Councilman Packineau moved to
approve a loan in the amount of $35,452.49 for Robert
Hindshaw subject to small loans policy and procedures, second by
Councilman Eagle. Discussion: The title is to be used as
collateral. VOTE: 5 Ayes 0 Nays Motion carried. 9. Resolution
09-079-VJB: Jerry Nagel Land Purchase Councilman Strahs moved to
approve of a resolution entitled, “Approval of the
Purchasing of Real Property from Jerry and Delaine Nagel.” The motion is second by Councilman Eagle. Discussion: No
discussion. VOTE: 5 Ayes 0 Nays Motion carried. 10.
Resolution 09-080-VJB: Councilman Packineau moved
to approve of a resolution entitled, “Approval of the
Purchase of Additional Real Property from Robert G.
Gorder.” The motion is second by Councilman Strahs. Discussion: No Discussion. VOTE: 5 Ayes 0 Nays Motion carried. IX.
New Business: A.
Resolution: Walk Around the
Rez This was not presented. X.
ADJOURNMENT: Councilman Eagle moved to adjourn, second by Councilman Strahs. Meeting adjourned at 11:48
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. Tribal Business
Council, Tribal Business Council, Three Affiliated
Tribes
Three Affiliated Tribes
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