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THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL REGULAR MEETING
10-08-VJB I.
CALL TO ORDER: The meeting was called to order at This is meeting No. 184 of the Levings administration. II.
PRAYER: Cheryl Bruce Danks gave the invocation. III.
ROLL CALL: Chairman Marcus Levings, Councilman Mervin Packineau, Councilman
Frank Whitecalfe, Councilwoman V. Judy Brugh, Councilman Arnold Strahs,
Councilman Scott Eagle, and Councilman Barry Benson (Conference Call) are
present. A Quorum is established. IV.
APPROVAL OF AGENDA: Councilman Packineau: Joe Myrick X F. Councilman Packineau: Jeanette Coffey Chairman Levings: Carlos Quary Veterans Loan Chairman Levings: Kenneth Gillis Veterans Loan Defer: Kim Abbey, FPEO Councilman Packineau moved to approve of the amended agenda, second
by Councilman Strahs. Discussion: The
rest of the council will reserve their minutes. Tiffany Rave Educational which
was omitted will be added to X. E. under new Business. VOTE: 6
Ayes 0 Nays Motion carried. V.
APPROVAL OF MINUTES: 1.
Minutes Councilman Whitecalfe moved to approve of the 6 sets of minutes,
subject to review. The motion is seconded
by Councilwoman Brugh. VOTE: 5
Ayes 0 Nays 1 Abstention (BLB) Motion carried. 2.
Executive Order No.
2010-01-VJB Councilman Whitecalfe moved to approve of Executive Order No.
2010-01-VJB, seconded by Councilwoman
Brugh. Discussion: Every
two years a revision is done to it. VOTE: 6
Ayes 0 Nays 0 Abstentions Motion carried. 3.
Resolution Number
Corrections Discussion: Numbers
will be reaffirmed. Copies are to be
handed out to the Tribal Business Council.
This is for 09-119-VJB, 09-120-VJB, and 09-121-VJB to be reaffirmed to
09-019-VJB, 09-020-VJB, and 09-021-VJB. VI.
CHAIRMANS REPORT: Marcus Levings The chairman gave his report. A.
Federal Programs Executive
Officer: Kim Abbey She is on funeral leave. B.
Chief Executive Officer:
Terry Red Fox 1.
TAT Employee Trainings Discussion: There
will be a training set up for TAT employees at the Four Bears Casino for two
trainings. The first is Office
Efficiency and People Skills, and the second is Developing and Improving
Supervisory Skills. 2.
Noise Ordinance Discussion: This ordinance pertains to the New
Town area in regards to Jake brakes and stereos. There will be a few readings on it before it
is put forth to act upon. 3.
H.A. Thompson & Son Heating
Contract Councilman Eagle moved to approve of a heating contract between the
Three Affiliated Tribes and H.A. Thompson & Sons for $178,620.00 but to be
distributed quarterly in the amount of $44,655.00. The motion is seconded by Councilman Strahs. Discussion: There
are 140 buildings on the contract. This
year’s contract is almost half over already.
VOTE: 6
Ayes 0 Nays Motion carried. C.
Programs Analyst: Izetta
Fernandez 1.
Renovation Cost/Social
Service Move Date No action taken. 2.
WoodLands High Plains
Pow-wow No action taken. 3.
Child Enforcement Program
Employee Incentives Deferred back to the director. VII.
TREASURERS REPORT: Mervin Packineau A.
Chief Financial Officer
Report: Lenny Abrams 1.
Emergency Management Budget
2010: No action is needed; the match is already in the budget. 2.
THPO Budget 12:03 a.
Budget Councilman Eagle moved to approve of a 6 month prorated general
fund budget for Tribal Historic Preservation office to September 2010 in the
amount of $392,520.03. The motion is
seconded by Councilman Benson. Discussion: Councilman
Eagle asks what if it was left where it was at and they just spent. Our budget needs to be watched. There is a disappointment on how much the
consultants cost. The work load is huge
and doesn’t want oil companies to be waiting on the tribe to go out and drill
on trust land. Chairman Levings advises
that the Indian Energy Bill has been sent out to all the Indian Tribes for
recommendations. Fred Fox and Damon
Williams will be working on that. Councilwoman
Brugh asks Perry Brady to give the Tribal Business Council a breakdown of the
THPO work load because is this budget justifiable? All programs should put their budgets in
September. Everything should be planned
out one year ahead of time. Agreement is
felt that the ATV’s are needed. The THPO
has a letter from the Regional office that recommends priority be given to THPO
to go out and check before any Well Pads are set up. But, Oil Companies are not doing that because
they are going through TERO. By the time
THPO finds out, the land has been excavated and disturbed. VOTE: 3
Ayes 0 Nays 4 (VJB, MP, FWC, ADS) Abstentions Motion carried. 3.
THPO Consultants These will be added to Personnel. B.
Councilman Whitecalfe moved to approve of a $5,000.00 grant for Discussion: Wylie
Hammond will be retiring on VOTE: 7 Ayes 0 Nays Motion carried. C.
Probation Officer Budget Request
to Hire No action is taken; the tribe already took over on this program
previously. D.
Finance Department Monthly
Report Lenny Abrams gave a report. E.
Small Loans Department Lenny Abrams gave an update. 1.
Councilman Eagle moved to approve a loan in the amount of
$10,000.00 for Garland Likes Eagle. This
is based on the probate of Edith Likes Eagle to be used as collateral and
subject to availability of funds. The
motion is seconded by Councilwoman Brugh. Discussion: VOTE: 7
Ayes 0 Nays Motion carried. 2.
Jeanette Coffey Business
Loan 2:47 Councilman Packineau moved to approve a business loan for tax
liability in the amount of $6,500.00 for Jeanette Coffey. To be paid off at the rate of $250.00 per pay
period. The deed to her home will be
used as collateral. This is subject to
availability of funds. The motion is
seconded by Councilman Eagle. VOTE: 3 Ayes 0 Nays 4 Abstentions Motion
carried. 3.
Veterans Service Loans Sgt.
Carlos Quarry and Kenneth Gillis: Iva Gillis 3:05 Councilman Packineau moved to approve a Veterans Service loan for Sgt.
Carlos Quarry in the amount of $2,500.00 and a $5,000.00 Veterans Service loan
for Kenneth Gillis. The motion is
seconded by Councilman Eagle. VOTE: 7
Ayes 0 Nays Motion carried. 4.
Nina Crowsbreast Loan 3:09 Councilman Eagle moved to approve of a loan in the amount of $5,000.00
for Nina Crowbreast for property taxes, mortgage, and home insurance. This is subject to availability of
funds. The motion is seconded by
Councilman Whitecalfe. VOTE: 6 Ayes 0 Nays 1 Abstention Motion
carried. 5.
Roberta Krueger Loan 3:16 Councilman Eagle moved to approve of a loan for a vehicle for
Roberta Krueger in the amount of $5,000.00, subject to the availability of
funds. The motion is seconded by
Councilman Packineau. VOTE: 4 Ayes 2 Nays Motion carried. VIII.
COMMITTEE REPORT: A.
Executive Committee 1.
Four Bears Casino: Spencer Wilkinson Jr. This is deferred. 2.
Gaming Commission: Mark Fox a.
Temporary Licenses Councilman Eagle moved to approve of 31 new Temporary licenses for
key and non-key employees at Four Bears Casino and lodge. The motion is seconded by Councilman Strahs. VOTE: 7 Ayes 0 Nays Motion carried. b.
Staff Management Mark Fox gave an update. c.
Annual Budget An update is given. d.
Assessment on Gaming Revenue
2:40 Councilman Whitecalfe moved to approve to the Four Bears Casino
gaming assessment on gaming
revenue for budgetary purposes, second by Councilman Packineau. VOTE: 6 Ayes 0 Nays 1 Abstention (SE)
Motion carried. e.
ND Gaming Division Monthly
Visit An informal Tribal Regulatory meeting with other ND Tribes will be
held in f.
Surveillance System An update is given. An RFP
is being worked on. g.
Four Bears Casino Designated
Usage of Funds Report Terry Redfox and Frank Henry are to assist by getting the Finance
Department paperwork that show where the funds were spent. A copy is to go to Mark Fox and to each of
the Tribal Business Council. 3.
Personnel: Barlow Wells (Closed Session ) See Personnel Action forms. 4.
Resolution 10-029-VJB: White
Shield TERO Board Appointment: Pat Wilkinson 1:31 Councilman Packineau moved
to approve of a resolution entitled, “Appointment of TERO Board Commission
Member in Representation of the East (White Shield Community) Segment of the
Fort Berthold Reservation.” The motion
is seconded by Councilman Strahs. VOTE: 6 Ayes 0 Nays Motion
carried. B.
Economic/Education
Committee: Scott Eagle 1.
Resolution 10-030-VJB: US
DOD-Defense Facility Security Clearance Exception: Clarence O’Berry 1:32 Councilman Strahs moved to
approve of a resolution entitled, “United States Department of Defense –
Defense Security Service Facility Security Clearance Exemption.” The motion is
seconded by Councilman Whitecalfe. Discussion: This is for Mandaree Electronics
LLC. They have a project coming up. VOTE: 7
Ayes 0 Nays Motion carried. C.
Health Committee: V. Judy
Brugh 1.
Elbowoods Health Care
Facility Update: Jim Foote 2:00 Jim Foote gave an update. 2.
Request for Extension of 21st
Century Healthcare Reform Project: Marilyn Young Bird/Martina Councilman Whitecalfe moved to approve of the two month extension
of the 21st Century Health Reform project, seconded by Councilman
Strahs. VOTE: 6
Ayes 0 Nays Motion carried. 3.
Resolution: Health Reform
Surveys Analyzed at MSU This was not addressed. 4.
I.H.S. IPA’s This was addressed in previously in the Health Committee meeting
and taken care of. D.
Judicial/Human Resource
Committee: Mervin Packineau 1.
Resolution: Safety &
Security Policy: Judy Black Hawk, Deferred. 2.
Voc Rehab: Leo Lockwood Deferred. E.
Natural Resource Committee:
Barry Benson 1.
EOG-Communitization
Agreement This will be deferred to tomorrows Special TBC. 2.
Questar-80/20 Assignment This is deferred to tomorrows Special TBC. 3.
Spotted Hawk Oil and Gas:
Fred Fox This is deferred to tomorrows Special TBC. 4.
Fish & Game Update: Fred
Poitra Deferred. 5.
Resolution: FBCC Roping
Arena Lease Deferred. 6.
Water Quantification Team:
Roger White Owl Deferred. 7.
Load Restrictions Policy:
Curt Wells, Roads Dept. Director Deferred. 8.
Resolution 10-031-VJB:
Active Duty for Fire Management: Marle Baker 2:55 Councilman Packineau moved to approve of a resolution entitled,
“Authorization for the Three Affiliated Tribes Fire Management Program
Employees to receive Hazardous Duty Pay while on active Wild Land Fire
Duty.” The motion is seconded by
Councilwoman Brugh. VOTE: 7
Ayes 0 Nays Motion carried. 9.
Resolution 10-032-VJB: Fire
Management: Marle Baker 3:00 Councilman Whitecalfe moved to approve of a resolution entitled,
“Request to Contract pursuant to P.L. 93-638 The Indian Self Determination and
Education Assistance Act, those programs, functions, services, and activities
directly and indirectly related to the Hazardous Fuels Reduction Program from
the BIA-Ft. Berthold Agency.” The motion
is seconded by Councilwoman Brugh. Discussion: There
is no other place for Spencer Snow to move into. He would have to be riffed, then he could
apply and he would be able to get back in because of his ranking (years of
service) but then one of our enrolled members would be bumped. VOTE: 5 Ayes 0 Nays 2 Abstentions Motion
carried. IX.
LEGAL: Damon Williams 4:29 A.
Policy & Procedures
Process Deferred to B.
Arbitration Ordinance 4:34 Councilman Whitecalfe moved to approve the first read on the
Arbitration Ordinance, second by Councilman Eagle. VOTE: 5 Ayes 0 Nays Motion carried. C.
Usury Code amendment Councilman Packineau moved to approve the first read on the Tribal Usury
Code Amendment, seconded by Councilman Whitecalfe VOTE: 6 Ayes 0 Nays Motion carried. D.
Election Code Revision 4:35 Councilman Packineau moved to approve of the first read on the
Election Code Revision, second by Councilman Strahs. Discussion: Can
we exclude the chief judge from the ballot.
It should go back to a hired position vs. an elected position. Then we go back to advertisement and rating. A resolution will need to be written. VOTE: 7 ayes 0 Nays Motion carried. E.
Ratify Resolution 10-06-VJB:
Typo This was not addressed. F.
Resolution 10-033-VJB: Councilman Whitecalfe moved to approve of a resolution entitled, “Approval
of Special Legal Counsel Contract: Elk River Law Office, POLLP – Drafting of
TAT Probate Code.” The motion is
seconded by Councilman Packineau. VOTE: 7 Ayes 0 Nays Motion carried. G.
Resolution: Waylon Pretends
Eagle Contract Deferred. H.
Associate Tribal Member
Question Deferred. I.
Resolution: Red Sage
Organization Deferred. J.
Legal Opinion on Custody
Issue Deferred. K.
TAT Business Licenses Deferred. L.
Law Trained Social Service
Advocate 5:03 See Personnel Action form. X.
NEW BUSINESS: A.
Tax Reimbursement: Sara
Bruce/Malcolm Bruce Deferred. B.
Personal (Closed Session): Sue Romero Deferred. C.
James Phelan Financial
Request Deferred. D.
Scoria Pit: Adrian Foote
Jr. 1:26 Councilman Packineau moved to approve of a joint venture
agreement for a Scoria Pit with Adrian Foote Jr. and Gainus Little Soldier and
the Three Affiliated Tribes, subject to legal review and drawing up the
agreement. The motion is second by
Councilman Strahs. Discussion: This
is an agreement and not a lease. VOTE: 6 Ayes 0 Nays Motion carried. E.
Tiffany Rave Education Loan
1:34 Councilwoman Brugh moved to approve to give the rest of an
education loan for Tiffany Rave in the amount of $18,000.00 for tuition to
Windsor University of Medicine. The
motion is seconded by Councilman Benson. Discussion: The
address to mail the check: VOTE: 6 Ayes 0 Nays Motion carried. F.
Joe Myrick Business Loan
1:55 Councilman Packineau moved to approve of a business loan in the
amount of $45,000.00 for Joe Myrick to purchase 3 lots, (one to go to the Parshall
community/tribe) and a three bedroom home.
The title to his other home is to be used as collateral. This is subject
to the availability of funds. The motion
is seconded by Councilman Whitecalfe. Discussion: The
lots and home are located at VOTE: 5 Ayes 0 Nays 2 Abstentions Motion
carried. G.
2010 Senior Class Trips Councilman Whitecalfe moved to approve the 2010 Senior Class trips
across the board for each segment in the amount of $3,000.00 each. The motion is second by Councilman Strahs. Discussion: White
Shield, Mandaree, Killdeer, New Town, Twin Buttes, and Parshall schools. VOTE: 7 Ayes 0
Nays Motion carried. H.
Law Enforcement Equipment
Purchase: Elton Spotted Horse Deferred. XI.
OLD BUSINESS: XII.
ADJOURNMENT: Councilman Strahs moved to adjourn the meeting, second by
Councilman Whitecalfe. The 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 _______________, 2010; 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 _______________, 2010. ATTEST: ______________________________
______________________________ Tribal Secretary,
V. Tribal Business
Council, Tribal Business Council, Three Affiliated
Tribes
Three Affiliated Tribes
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