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THREE AFFILIATED TRIBES TRIBAL
BUSINESS COUNCIL REGULAR MEETING 09-54-VJB I.
CALL TO ORDER: The meeting was called to order at This is meeting #168 of the Levings administration. II.
PRAYER: Alfreda Good Bird. III.
Councilman Frank Whitecalfe, Councilman Arnold Strahs, Chairman
Marcus Levings, Councilman Scott Eagle, and Councilwoman V. Judy Brugh are
present. A quorum is established. For the record, Councilman Mervin Packineau
and Councilman Barry Benson are not present.
Councilman Barry Benson arrived at 10:58 A.M. Councilman Mervin
Packineau is conference into the meeting at IV.
APPROVAL OF AGENDA: Councilman Benson add-on: Jay Fox Financial Request Mavis Marion Twin Buttes Head start Retired Councilman Whitecalfe add-ons: TRIAD Oil Refinery-Horace Pipe Councilman Whitecalfe moved to approve of the amended agenda,
second by Councilman Strahs. Discussion: All
others reserve their add-ons. VOTE: 6
Ayes 0 Nays Motion carried. V.
APPROVAL OF MINUTES: Councilman Strahs moved to approve of the four sets of minutes
subject to review, second by Councilman Eagle. Discussion: Chairman
Levings will review the minutes. VOTE: 6
Ayes 0 Nays Motion carried. VI.
CHAIRMANS REPORT: Marcus Levings A.
Federal Programs Executive
Officer: Camie Gosnell Not present. B.
Chief Executive Officer:
Terry Red Fox 1. Resolution
09-163-VJB: Native Aspirations: Mark Little Owl Councilman Eagle moved to approve of a resolution entitled, “Authorization
to participate in the Native Aspiration Project to Address Youth Violence,
Bullying, and Suicide Prevention through the Substance Abuse Mental Health
Services Administration (SAMHSA).” The
motion is second by Councilwoman Brugh. Discussion: Corrections
to the resolution are to change the fifth Were
As to include the whole reservation.
Tony Mandan and Mark Fox comment on issues. VOTE: 6 Ayes
0 Nays Motion carried. C.
Programs Analyst: Izetta
Fernandez She did not present. VII.
TREASURERS REPORT: Mervin Packineau A.
Chief Financial Officer
Report: Lenny Abrams Councilman Whitecalfe moved to approve to fund the Voc Rehab
program in the approximate amount of $120,000.00 because their grant was not
renewed. The program will be funded until Discussion: CEDS to
look for a grant to assist. A loan is an
option. The CFO will research it and try
to find funding. The review was off in 13
areas. Out of a hundred points, we scored
seventy. It is federal funding. Hopefully they give the grant back in the
fall of 2010. They won’t fund for 2010,
we won’t get refunded. If they fund, it
will go from 2011 to 2015. When a
program is coming up to expiration, it needs assistance in writing proposals,
maybe a consultant. VOTE: 4 Ayes
1 Nays Motion carried. 2. CFO Update:
Lenny Abrams (Executive Closed Session) Discussion only. 3. Clarification
on Position (Executive Closed Session) 4. Small Loans
Cap (Closed Executive Session) VIII.
COMMITTEE REPORT: A.
Executive Committee He did not present. 2. Gaming
Commission: Mark Fox a. Temporary Key and Non-Key Licenses Councilman Eagle moved to approve of the Twenty-Eight temporary licenses
for the Key and Non-key positions, second by Councilman Strahs. Discussion: Are they
fully staffed? Yes. VOTE: 5 Ayes
0 Nays Motion carried. b. Regulatory Compliance Status Councilman Eagle moved to approve of and recognize the regulatory
compliance Status, second by Councilman Strahs. Discussion: Councilman
Eagle would like to know if we received anything from TICs or NIGC on controls
(measuring compliance). There is a 12 or
13 area internal check list. This report
is coming.
VOTE: 6 Ayes
0 Nays Motion carried. c. Update Mark gave an update. 3. Enrollment:
John Charging He did not present. 4. Personnel:
Barlow Wells He did not present. B.
Economic/Education
Committee: Scott Eagle 1. Resolution
09-165-VJB: Joint Venture Business Plan: Dave Williams 6:57 Councilman Whitecalfe moved to approve of a resolution entitled,
“Authorization to enter into a Consultant Contract with Robert G. Knoll d/b/a
H-Tech. Petroleum Consulting Inc. and John Kingsbury d/b/a Gas Processing Management
Inc.” The motion is second by
Councilwoman Brugh. Discussion: Dave will
go after a grant/outside funding. There
will be a choice if the Tribe wants to be part owners. VOTE: 6 Ayes
0 Nays Motion carried. C.
Health Committee: V. Judy
Brugh 1. Dialysis
Issues: Marilyn Alcon She did not present. 2.
Environmental Safety: Verlee Whitecalfe Saylor 6:25 Programs analyst to schedule Tribal maintenance to complete the
housekeeping training set up by Environmental Safety. 3. He did not present. D.
Judicial/Human Resource
Committee: Mervin Packineau 1. Resolution:
Litter Ordinance: Judy Black Hawk She did not present. 2. Child
Support Enforcement: Ellen Wilson She did not present. 3. Veterans
Treatment Per Diem Program: Jerry Irwin 5:57 Councilwoman Brugh moved to approve of funding the Veterans treatment
Program in the amount of $14,000.00 to assist in getting a federal non-profit
organization grant in Discussion: This would be a supplement to the
Circle of Life program for veterans. VOTE: 5 Ayes
0 Nays Motion carried. E.
Natural Resource Committee:
Barry Benson 1. Roads
Department: Curtis Wells a. Resolution 098-166-VJB: Motor Grader 772
CH IR2 2009 Councilman Strahs moved to approve of a resolution entitled, “Request
to re-obligate $129,500 in 2009 IRR Transportation Planning Funds for Tribal
Roads to Purchase a Motor Grader.” The
motion is second by Councilman Whitecalfe. Discussion: In 2010
we might have to put VOTE: 6 Ayes
0 Nays Motion carried. b. Amendment to Road Maintenance 2010 TIP
List 7:30 Councilman Whitecalfe moved to approve three amendments to the
T.I.P list to include White Shield route 1804, Mandaree road striping, and other
White Shield routes need gravel. The
motion is second by Councilman Strahs. Discussion: No
discussion. VOTE: 6 Ayes
0 Nays Motion carried. c. Nueta Nation Building/Roads Equipment
Storage 7:33 Discussion only. 2. Resolutions
for ARRA Funding: Pat Wilkinson 7:39 a. Resolution 09-167-VJB: White Shield Roads
Shop Councilman Whitecalfe moved to approve of a resolution entitled,
“To Contract, under P.L. 93-638 Provisions, those Program Functions, Services,
and Activities of the Office of Facilities Management and Maintenance, directly
Related to Labor, Supplies and Materials Associated with the White Shield Roads
Shop, Funding which is available Pursuant to the American Recovery and a
Reinvestment Act of 2009 in the amount of $146,587.00.” The motion is second by Councilman Strahs. Discussion: No
discussion. VOTE: 6 Ayes
0 Nays Motion carried. b. Resolution 09-168-VJB: Deferred
Maintenance Projects Councilman Whitecalfe moved to approve of a resolution entitled,
“To Contract, under P.L. 93-638 Provisions, those Program Functions, Services
and Activities of the Office of Facilities Management and Maintenance, directly
related to labor, supplies and materials associated with the Deferred maintenance
Projects of Government-Owned Quarters on the Fort Berthold Reservation, Funding
which is available Pursuant to Provisions of the American Recovery and
Reinvestment Act of 2009 in the amount of $293,173.00.” The motion is second by Councilman Strahs. Discussion: The
difference between 638 and bidding out is explained by the Chairman. People are to understand that this is a one
year job and the Tribe is not to create more positions once the year and
funding are done. The suggestion is to
go with a contractor. VOTE: 6 Ayes
0 Nays Motion carried. c. Resolution 09-169-VJB: HIP Stimulus 8:02 Councilman Whitecalfe moved to approve of a resolution entitled, “To
Contract, under P.L. 93-638 provisions, those functions, service3s and
activities directly related to the Housing Improvement Program on the Fort
Berthold Reservation, funding which is made available in the pursuant to the
American Recovery and Reinvestment Act of 2009, in the amount of $1,200,000.” The motion is second by Councilman Strahs. Discussion: They gave
us an extension to the end of the month.
VOTE: 5 Ayes
0 Nays 1 Abstention Motion carried. d. Resolution 09-170-VJB: GTFJC, Mandaree, & Twin Councilman Strahs moved to approve of a resolution entitled, “To
Contract, under P.L. 93-638 provisions, those program functions, services and
activities directly related to and designated for the Gerald Tex Fox Justice
Center; Mandaree Roads Shop; Twin Buttes Shop, funding which is available
Pursuant to the American Recovery and Reinvestment Act of 2009 in the amount of
$146,587,00.” The motion is second by
Councilman Benson. Discussion: It is not
clear how they came up with the dollar amount.
VOTE: 5 Ayes
0 Nays Motion carried. 3. Scoria Pit:
Gainus Little Soldier This was not presented. 4. Resolution
09-164-VJB: Oil & Gas Leases by Spotted Hawk 1:35 Councilman Packineau moved to approve of a resolution entitled,
“Approval of Existing Oil & Gas Leases held by Spotted Hawk Development,
LLC of McLean, Virginia (“Spotted Hawk”) to be consolidated into an Indian Mineral
Development Agreement (IMDA) Which Shall Include Acreage Located within the
Missouri Riverbed.” The motion is second
by Councilman Whitecalfe. Discussion: No
discussion. VOTE: 5 Ayes
0 Nays Motion carried. IX.
LEGAL: A.
Business Licenses This was not presented. X.
A.
Personal Issue: Basil Hunts
Along Councilman Strahs moved to approve of a water/sewer system for
Basil Hunts Along through I.H.S. Kathleen Hall, or FBRW Marvin Danks, and to
include modernization/winterization through H.I.P. Jackie Jackson, or
FBHA. The motion is second by Councilman
Whitecalfe. Discussion: Councilman
Benson will work on it with Marvin Danks, Jackie Jackson, and Becky Knight. VOTE: 6 Ayes
0 Nays Motion carried. B.
H.A. Thompson and Son: Brad
Mann C.
Home Issue: Emerson &
Doris Packineau Will not be able to make the meeting. D.
GR-8 Country Wind Power:
Steve Redding Informational. E.
Wind Energy Consultant: Councilman Whitecalfe moved to approve of an engagement agreement
with Sonnenschein Nath & Rosenthal, LLP.
This is subject to lead legal review.
The motion is second by Councilman Eagle. Discussion: Insurance
coverage is a concern that will be looked into.
A date will be put on as VOTE: 4 Ayes
0 Nays 2 Abstentions Motion carried. F.
Rodney & Dixie Howling
Wolf Housing Issue/FBHA Discussion only. G.
Britnee Fox and Jay Fox
Medical Loans 8:03 Councilman Benson moved to approve of a loan in the amount of $3,500.00
for Britnee Fox and a loan in the amount of $10,000 for Jay Fox, second by
Councilman Eagle. Discussion: Stick to
policies once they are made. VOTE: 2 Ayes
3 Nays Motion Defeated. XI.
OLD BUSINESS: A.
TRIAD: Horace Pipe Discussion: XII.
ADJOURNMENT: Councilman Eagle moved to adjourn the meeting, second by Councilman
Strahs. Meeting adjourned at 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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