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TRIBAL
BUSINESS COUNCIL REGULAR MEETING 09-30-VJB June 29, 2009,
10:00 A.M. I.
CALL TO ORDER: The meeting was called to order at 10:22 A.M. II.
PRAYER: Reverend Marilyn Levine administered the prayer and an honorarium
was given. III.
ROLL CALL: Councilman Barry Benson, Vice-Chairman Frank Whitecalfe, Councilman
Arnold Strahs, Councilman Scott Eagle, and Executive Secretary V. Judy
Brugh. A quorum is established. For the record Chairman Levings is not
present and Treasurer Packineau will arrive later. Treasurer Packineau arrived at 12:20 P.M. IV.
APPROVAL OF AGENDA: Add-On: Councilman Eagle-Siosi & Twila Aulaumea VII 9 Secretary Brugh-Iva Baumgartner VII 10. Councilman Benson moved to approve of the amended agenda, second by
Councilman Strahs. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. V.
APPROVAL OF MINUTES: April 9, 2009 May
13, 2009 June 4, 2009 April 15, 2009 May
14, 2009 June 22, 2009 April 25, 2009 May
20, 2009 April 29, 2009 May
22, 2009 May 6, 2009 May
27, 2009 May 7, 2009 June
1, 2009 Councilman Eagle moved to approve of the 14 sets of minutes subject
to review, second by Councilman Strahs. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. VI.
CHAIRMANS REPORT: Marcus Levings A.
Federal Programs Executive
Officer: Camie Gosnell
She did not present. B.
Tribal Programs Executive
Officer: Izetta Hopkins She did not present. C.
Elbowoods Healthcare
Facility: Jim Foote He did not present. D.
Nathan GoodIron Book:
Chairman Levings This was not presented. E.
ND Community Military
Covenant: Chairman Levings This was not presented. F.
RTC Support: Chairman
Levings This was not presented. VII.
TREASURERS REPORT: Mervin Packineau A.
Financial Report: Whitney
Bell, CFO 1. Resolution 09-094-VJB: Mandaree Enterprises
Corp. CD-Clarence O’Berry (Closed Session) This will be deferred until July 7th at 10:00 A.M. B.
Small Loans: Andrew Reed 1. Transfer of Funds into Small
Loans Councilman Packineau moved
to approve to transfer $300,000.00 into the Small
Loans Department from the general fund and to close the Small Loans Department for the month of July
2009. Loans are capped at $3,500.00 and those that are at the $3,500.00 and
over, are to come before the Tribal Business Council for approval. The motion is second by Councilman Benson. Discussion: Medical and Education loans come
first. Nancy Fox is a not a personal loan, she is a
medical loan There are some that are paying on
their loans but are coming in every other week to get another
loan and are racking up their loan amounts. VOTE: 6 Ayes 0 Nays Motion carried. C.
Independence Loans: Ambrose
Hosie
This was not presented. D.
Financial Requests: 1. Camie Wilkie Financial Request This was not presented. 2. Jon “Poncho”
Brady Request Councilwoman Brugh moved to
approve of a $20,000.00 loan Discussion: The anticipated pay off is in
four months. VOTE: 5
Ayes 0 Nays Motion carried. 3. Moving
Expense Request Doreen Yellow Bird Deferred. 4. Spirit Riders Request This was not presented. 5. Special/Reunion Request: Iva
Gillies This was not presented. 6. Gas Tax
Reimbursement for Malcolm Bruce Sr. This is taken care of in the next motion. 7. Gas Tax Reimbursement for
Leeda M. Meyers/Malcolm Bruce Sr. Councilman Strahs moved to approve
Malcolm Bruce Sr. and Leeda M. Meyers for a waiver for
Gas Tax Reimbursement, second by Councilman Eagle. Discussion: The deadline is near to collect on Taxes. VOTE: 5 Ayes
0 Nays Motion carried. 8. Sylvan
Learning Center Request: Clarine Driver This was not presented. 9. Loan Issue: Melvin Hale/Jean
Baker Councilman Eagle moved to
approve an educational loan in the amount of $3,500.00 for Melvin
Hale subject to the availability of funds and Nathaniel Meyer is
to be his co-signer, second by Councilwoman Brugh. Discussion: An apartment was discussed. VOTE: 5 Ayes 0 Nays Motion carried. 10. Iva Baumgartner Financial
Request Councilman Eagle moved to approve of a loan in
the amount of $700.00 and a $500.00 grant from the
Four Bears Segment for attorney fees to adopt three
children. The motion is second by Councilwoman Brugh. Discussion: She
is to get with Small Loan Director to work out a deferred payment plan because of
a knee injury. VOTE: 5
Ayes 0 Nays Motion carried. 11. Ardella Starr Bacca Loan
Request Councilwoman Brugh moved to approve of a loan in the amount of $10,000.00 for Ardella Starr Bacca to
be paid back by September 1, 2009 by her IIM account. The motion is second by Councilman Eagle. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. 12. Bill Standish Loan Councilwoman Brugh moved to approve a loan in the amount of $17,500.00 for Bill Standish to purchase a
trailer home in Minot, ND for his family. Councilman Benson second the motion. Discussion: Bill
will make monthly payments back to Small Loans and the Deed/title will be held
as collateral. Bill’s IIM account will have a ketterling hold on
it. It is discussed for Bill to complete his Nursing degree and come
back to the tribe to work. VOTE: 5
Ayes 0 Nays Motion carried 13. Charles Moran Loan Councilman Packineau moved to approve a loan in the amount of $30,000.00 from Small Loans for
Ranch/Operating costs. Motion dies due to lack of a second.
He is
to put an application In with Independence Loans. 14. Darryl Finley Loan Councilwoman Brugh moved to approve of a loan in the amount of $15,000.00 for Darryl
Finley for Ranching/operating costs, to use
the two deeds for two lots that he owns as collateral
with a set pay back amount that he is to work out with Andrew Reed
in Small Loans Department. The motion is second by Councilman Eagle. Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried. 15. Tony Fox Financial Request Councilman Eagle will
follow up on his request. 16. Monty
Mariner Loan Request Councilwoman Brugh moved to approve of a
loan in the amount Discussion: Because of the tankers ripping up
the cattle guards the need
is demanding for cattle guards and he advises he can
get started with his business expeditiously. It is recommended to get some payments in
right away so others can get
started also. VOTE: 5 Ayes 0 Nays Motion carried.
17. Cheryl Good Bird Educational
Loan Councilman Benson moved to approve of an
educational loan in the amount of $3,495.95 to
attend the Caplan University for
Pharmacy Technician for Cheryl
Good Bird. To be added on to Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried. 18. Siaosi
and Twila Aulaumea Councilman Benson moved to
approve a Small Loan in the amount of $3,500.00 for
Twila Aulaumea, second by Councilman Strahs. Discussion: No discussion.
VOTE: 5 ayes 0 Nays
Motion carried. 19.
Concession Stand Purchase Request: Annette Young Bird Councilman Eagle moved to approve a loan in the
amount of Discussion: Will pay off loan if oil leases
come in sooner. VOTE: 4 Ayes 0 Nays 1 Abstention
Motion carried. 20.
Jesse Rae Baker Medical Loan Councilwoman Brugh moved to approve of a medical loan in the amount of $3,500
for Jesse Rae Baker, second by Councilman Eagle. Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion
carried. 21.
Motor Fuel Tax Waiver James Dawson and Frank Henry Councilman Eagle moved to approve of a motor
fuels tax waiver for James Dawson
and Frank Henry, second by Councilwoman Brugh. Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion
carried. 22.
Severance Pay for Twin Buttes Council Appointees a. Cynthia
Fredericks
Councilman Benson moved to approve Cynthia Fredericks for $5,000.00 per severance pay policy
and Procedures. The motion is second by
Councilwoman Brugh.
Discussion: No
discussion. VOTE: 5 Ayes
0 Nays Motion carried.
b. Charlie Fredericks Councilman Benson moved to approve severance
pay for Charlie Fredericks for Seven years of
service @ 600.00 per year for a Discussion: No discussion. VOTE: 5 Ayes 0 Nays Motion carried.
c. Mariam Spotted Bear Councilman Benson moved
for approval for Mariam Spotted Bear to receive Discussion: Discussion on the Chairman’s 10
homes for the 210 Home Initiatives. 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. Deferred. 2. Gaming Commission Report: Mark Fox a. Key and Non-Key Licenses Councilwoman Brugh moved to approve of the 57 key and Non-key
licenses for the Four Bears Casino. The
motion is second by Councilman Strahs. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. b. Eagles Landing Gaming Area Amended
Licenses Councilwoman Brugh moved to approve the Tribal Business Council and
the Three Affiliated Tribes Gaming Commission do hereby Authorize and amend
license or new license (if required) to include the Eagles Landing gaming
machines area, and also temporarily approves of the Tribe internal controls and
corresponding operational procedures applicable to the coverage of this
particular gaming area. The motion is
second by Councilman Strahs. Discussion: For
the state. VOTE: 5
Ayes 0 Nays Motion carried. c. Re-Affirm Executive Director Authority on
Compliance Councilman Strahs moved to approve the Tribal Business Council and
the Three Affiliated Tribes Gaming Commission do hereby re-affirm the authority
of the Executive Director to make determinations and take all actions necessary
to ensure compliance with applicable tribal, state, and federal law for all
gaming-related activity and operations.
This authority includes the investigation and enforcement of
Environmental, Public Health, and Safety standards that directly affect gaming
activity on the Fort Berthold Reservation.
The motion is second by Councilman Eagle. Discussion: Food
guidelines are discusses. VOTE: 5
Ayes 0 Nays Motion carried. 3. Enrollment: This was not presented. 4. Resolution 09-093-VJB:
Community Services Block Grant: Norma Staples Councilman Strahs moved to
approve of a resolution entitled, “Authorization of Tribal Community Services
Block Grant (CSBG) American Recovery and Reinvestment Act (Recovery Act”) of
FFY2009 through FFY 2010 Plan.” The motion is second by Councilwoman Brugh. Discussion: This is one that is passed
yearly. VOTE: 5 Ayes 0 Nays Motion carried. 5. Personnel: Barlow Wells,
Director (Closed) See personnel action forms. B. Economic/Education
Committee: Councilman Scott Eagle There was nothing to present. C. Health
Committee: Councilwoman Brugh 1. Marilyn Young Bird/Madonna Acosta This was not presented. 2. Health Issue: Raymond Grady This was not presented. D. Judicial
Drug & Alcohol/Human Resource Committee: Treasurer
Mervin Packineau 1.
Continuing Resolution for
Voc Rehab: Leo Lockwood This was not presented. 2.
Aging Services: Polly Chase 3.
Dawn White (Closed Session) This was not presented. 4.
Legal Proposals: Tom
Fredericks/Lance Morgan Councilman Benson moved to approve Marvin
Danks, Fort Berthold Rural Water to work out
a Contract with Tom Fredericks of Fredericks Peebles
& Morgan LLP, subject to TAT Legal Review. The motion is second by Councilman Eagle. Discussion: The motion is amended to have
Marvin Danks, FBRW be in charge of waste
water approved by first and second motion makers. VOTE: 5 Ayes 0 Nays Motion carried. E. Natural Resource Committee: Councilman Barry
Benson 1. Exploration Department: Dave Williams a. Resolution: Saddle Butte Pipeline: Dave
Williams Discussion only. There will
be a Special Tribal Business Council meeting on July 7, 2009 at 10:00 A.M.
Saddle Butte is to attend. b.
Resolution: Consultant Agreement H-Tech: Dave Williams Councilman Packineau moved to approve of a resolution entitled, “Approval of Consultant Agreement
with H-Tech. Petroleum Consulting, Inc.” The motion is second by Councilman
Eagle. Discussion: This
is until December but for one meeting per month. This has gone through legal review but is
subject to legal review. VOTE: 6
Ayes 0 Nays Motion carried. 2. Board of Director Alternate to Intertribal
Bison Coop: Ted Lonefight III This was not presented. 3. Oil Refinery/TRIAD: Horace Pipe (Closed Session) This was discussion only.
4. Water
Assistance Program: Marvin Danks a. Ted Danks as Consultant with Ft. Berthold Rural Water Councilman Eagle moved to approve of a consultant agreement between
FBRW and Ted Danks, second by Councilman Strahs. Discussion: This
is to get him paid out. The agreement should be specific as to what he will be
doing. VOTE: 5
Ayes 0 Nays Motion carried. b. Ted Danks Hire as Public Works Director Councilwoman Brugh moved to hire Ted Danks as a public works
director to be paid out of half and half, the general fund/FBRW, second by
Councilman Eagle. Discussion: The
economic projects need more planning. VOTE: 5
Ayes 0 Nays Motion carried. c. Water Assistance Program for
Parshall/NewTown Councilman Strahs moved to approve to pay the Parshall/NewTown
water assistance for FY September 2009 to September 2010. The motion is second by Councilman Eagle. Discussion: This
is the going to be the third year doing this.
This should be the last year. VOTE: 5
Ayes 0 Nays Motion carried. d. Four Bears Water Operator Pay Rate Increase
Tina Whitehorn Councilwoman Brugh moved to approve a pay rate increase equal to
lead operator pay for one year contingent upon Tina Whitehorn passing the class
II operator test for Four Bears area.
The motion is second by Councilman Strahs. Discussion: Does
this jeopardize the funding. No. $15.00 to $18.00 is the rate increase. July, October, and March are the times to
take the test. Councilwoman Brugh
advises the TBC that Tina is dedicated and makes her job a priority. She works almost 24 hours a day and gets very
little sleep. The office manager
position is discussed. It will be
advertised until filled. VOTE: 5
Ayes 0 Nays Motion carried. e. Mandaree Water Operator Permanent Hire
Bruce Fox Jr. Councilman Strahs moved to permanently hire Bruce Fox Jr. as the
Mandaree Water Operator, second by Councilwoman Brugh. Discussion: This
is Councilman Strahs appointee. VOTE: 5
Ayes 0 Nays Motion carried. 5.
Modification on Lease: Fred
Fox This was not presented. 6. EPA: Elton Spotted Horse a. Consultant Contract with Cory Sanders Councilman Eagle moved to approve of a consultant contract with
Corey Sanders for FY 2009/2010 for $25,000.00 to write/complete the EPA Solid
Waste codes. The motion is second by
Councilman Strahs. Discussion: This
will address the littering fines and issues.
There is a shortage of dumpsters.
Contractors do pay for waste while renovating. VOTE: 5
Ayes 0 Nays Motion carried. b. Equipment Purchase John Deere $96,480.47 Councilman Benson moved to approve the purchase of equipment with a
yearly payment of $96,480.47; a Dozer, road grader, scraper, low boy, and back
hoe, for EPA from John Deere in the amount of $96,480.47 yearly payment for a
total of $370,000.00, second by Councilwoman Brugh. Discussion: Reimbursement from EPA to the
general fund will be this fall 2009 in the amount of $370,000.00. EPA is acquisitioning these from TERO. VOTE: 5
Ayes 0 Nays Motion carried. c. 2009 Mandaree Celebration Horse Race Councilman Benson moved to approve a 50/50 sponsorship from the
Four Bears Casino and the Three Affiliated Tribes for $2,400.00 each for a
grand total of $4,800.00 for the 2009 Mandaree Celebration Horse Race to be
held during the Mandaree Pow- Wow, second by Councilman Strahs. Discussion: It
is too late for fund raising but next year the committee is to start early on
fund raising. VOTE: 5
Ayes 0 Nays Motion carried. 7. Update/Progress Report on Energy Efficiency
& Conservation Strategy Timeline & Options: Waylon Pretends Eagle a. Consultant Contract Renewal/Extension Councilman Eagle moved to approve to renew a consultant contract
with Waylon Pretends Eagle contingent up Lisa Redfords recommendations, second
by Councilman Strahs. Discussion: No
discussion. VOTE: 5
Ayes 0 Nays Motion carried. 8. Hidatsa Revitalization Project Update/Donessa
Wicker Loan: Waylon Pretends Eagle Councilman Eagle moved to approve to add Donessa Wicker to the
small loan list for $3,500.00 and Waylon Pretends Eagle for $2,000.00, second by
Councilwoman Brugh. Discussion: This
is to cover a trip cost on her credit card.
Addendum is for Waylon to be added to the Small Loan list for a
$2,000.00 loan, the maker and the second are in agreement. VOTE: 5 Ayes 0 Nays Motion carried. 9. Kodiak Oil and Gas on TERO: James Catlin This was not presented. 10. TERO: Dewey Hosie This was not presented. 11. ZENERGY Permits: Spencer
Wilkinson Jr. This was not presented. 12. Four Bears
Segment Lease: Annette Young Bird, NR Director Councilwoman Brugh moved for approval of a master
lease for Thunder Butte subdivision Discussion: No discussion. VOTE: 5 Ayes
0 Nays Motion carried. 13. North East Segment Lease:
Annette Young Bird, NR Director Councilman Eagle moved for approval for a
master lease for Brendal Bay subdivision
Discussion: The size of the
lots is left up to the segments according to their A&E’s. On the
VOTE: 5 Ayes 0 Nays
Motion carried. IX.
Legal Department: Damon
Williams A.
Resolution: In Support of
Shakopee Regarding Union Law (Resolution Numbering) This was not presented. B.
Business Licenses This was not presented. C.
Resolution: Retirement Age
Change This was not presented. X.
New Business: A.
MHA Services: Anthony Fox This was not presented. B.
Wilson Health Cooperative:
Dr. Herbert Wilson 15 minute Presentation.
@ 10:00 A.M. Deferred. C.
Summer Interns to Assist
Secretarial Election Charlene Dancing Bull will be contacted to find out how many
Interns she will need. XI.
Old Business: A.
Resolution: Consultant
Agreement Ft. Berthold U.S. Census Campaign Committee Coordinator Glenda Rush
This was not presented. B.
Fenix Group: Linda Sapp-Cox
and Cindy Miller An update was given. XII.
ADJOURNMENT: Councilman Strahs moved to adjourn, second by Councilman Eagle. The meeting adjourned at 10:32 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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