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THREE
AFFILIATED TRIBES TRIBAL
BUSINESS COUNCIL SPECIAL MEETING 09-58-VJB I.
CALL TO ORDER: The meeting was called to order at This is meeting #172 of the Wells-Levings administration. II.
PRAYER: Roger Bird Bear 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. IV.
APPROVAL
OF AGENDA: Councilman Eagle moved to approve of the agenda, second by Councilman
Strahs. Discussion: Add-ons
will be reserved. Council is late
because they were at house openings. VOTE: 5
Ayes 0 Nays Motion carried. V.
FINANCIAL: Lenny Abrams, CFO A.
Resolution 09-184-VJB: Loan
Refinancing Indebtedness with Chairman, Vice-Chairman, or Secretary to Execute
Documents Councilman Whitecalfe moved to approve of a resolution entitled,
“Approval of loan to refinance existing indebtedness and meet related financing
needs; together with a pledge of revenues, including assignment of trust fund
interest, met casino revenues and oil revenues as security for the loan; and
authorization for the Chairman, Vice-Chairman or Secretary to execute documents
in connection therewith.” The motion is
second by Councilman Eagle. Discussion: Councilman Whitecalfe says this is
just starting the process. He would like
to have the covenants and expenditures closely looked at. This will be the only borrowing for the next
three years. Damon advises that the
excess beyond the debt service and the tribe gets their monthly allocation;
according to their approved budget (this year $40 Million). Whatever is left over, half of that goes to
the tribe, back to them to spend(back into your budget so you will have more
money) and the other half is going to go back to debt service (to pay down the
debt quicker). The information will be
given out by the Chairman’s office by pie charts and graphs when he goes out to
meet with the people in the communities.
VOTE: 5
Ayes 0 Nays Motion carried. B.
Resolution 09-185-VJB:
Application for a Loan Guaranty from BIA Councilman Whitecalfe moved to approve of a resolution entitled,
“Approval of an application for a loan guaranty from secretary of the
Department of Interior, Bureau of Indian Affairs, and the transaction described
therein.” The motion is second by
Councilman Strahs. Discussion: This
will be brought back to the Tribal Business Council. It is a continuous process. Damon Williams explains using collateral and
secondary loan. VOTE: 5
Ayes 0 Nays Motion carried. C.
Resolution 09-186-VJB: Elder
Disbursement Councilman Eagle moved to approve of a resolution entitled,
“Authorization for a Disbursement to the Elders.” The motion is second by Councilwoman Brugh. Discussion: VOTE: 5
Ayes 0 Nays Motion carried. VI.
Student Financial Request for No one was present. VII.
Resolution 09-183-VJB: Tax
Commissioner: Marcus Wells, Roger Bird Bear Councilman Whitecalfe moved to approve of a resolution entitled,
“Authority of Tax Commissioner Marcus Wells under the TAT Code to negotiate Tax
Agreement with the State of North Dakota.”
The motion is second by Councilman Eagle. Discussion: The
way the tax agreement looks, we will need to up it for the next 2 to 5 years to
maintain our revenue stream for collateral for our loan. There is no room to negotiate that one. The tax agreement is part of our revenue. VOTE: 5
Ayes 0 Nays Motion carried. VIII.
Legal Council for TAT
Refinery 5:35 Discussion: TAT
Legal will contact the eight law firms to present to the Tribal Business
Council on IX.
Scott Eagle Annual Leave Pay
Out Councilman Whitecalfe moved to approve to complete Scott Eagles
previous employment payout of annual leave when employed with Tourism in the
amount of 84 hours, prior to becoming Councilman. The motion is second by Councilman Strahs. Discussion: This
should have been paid out automatically.
Sick can be gifted to someone to zero it out. VOTE: 4
Ayes 0 Nays 1 Abstention (SE) Motion carried. X.
4 Bears Casino: Spencer Wilkinson Jr. A.
4 Bears Casino Update: Spencer Wilkinson Jr. gave
an update. B.
Employee Gambling Christmas
Eve Councilman Whitecalfe moved to approve to allow 4 Bears Casino
employees to gamble from Discussion: This
is for the employees that could not get off the clock. Gambling in the Coyote Den for 18 year olds
like Standing Rock is discussed. It
would be alcohol free. State of VOTE: 5
Ayes 0 Nays Motion carried. B. 18 Years
Old Gaming in C-Store Casino Councilman Whitecalfe moved to approve to look further into permitting
18 year old gaming in the C-Store Casino only.
The motion is second by Councilwoman Brugh. Discussion: Reference
is made to Standing Rock Casino. VOTE: 5
Ayes 0 Nays Motion carried. C. Action on
Meeting at 4 Bears Casino Arikara/Hidatsa Room 6:15 Councilman Whitecalfe moved to approve to address a letter of
warning for the Gaming Executive Director for not following through with the
correct protocol on an allegation or complaint, second by Councilman Eagle. Discussion: VOTE: 4
Ayes 0 Nays 1 Abstention Motion carried. XI.
Resolution 09-187-VJB: PolyCom
Maintenance Agreement with MHA Systems 5:25 Councilwoman Brugh moved to approve of a resolution entitled,
“Approval of PolyCom Maintenance Agreement with MHA Systems.” The motion is second by Councilman Eagle. Discussion: The
equipment is under warranty. The other
agreement was to install the equipment and get it running. This agreement is to maintain it. VOTE: 5
Ayes 0 Nays Motion carried. XII.
Comp Time Pay out for Councilman Eagle moved to approve to pay out Discussion: He
has 127 hours of comp time that he accrued while working at the community
center. VOTE: 5
Ayes 0 Nays Motion carried. XIII.
ADJOURNMENT: Councilman Eagle moved to adjourn the meeting, second by Councilman
Whitecalfe. The meeting is 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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