May 28, 2015 Minutes

Transcription

May 28, 2015 Minutes
THREE AFFILIATED TRIBES
TRIBAL BUSINESS COUNCIL
SPECIAL CONTINUATION MEETING
MAY 28th 2015 MINUTES
CALL TO ORDER
Meeting called to order at 10:38a.m.
OPENING PRAYER
Pastor Smith provided the invocation.
ROLLCALL:
Present: Councilman Cory Spotted Bear, Councilman Fred Fox, Councilman Randy Phelan, Councilman
Frank Grady, Chairman Mark N. Fox, Councilman Mervin Packineau, and Councilman L. Kenneth Hall.
Quorum Established.
I.
APPROVAL OF AGENDA
Motion: Councilman L. Kenneth Hall moved to approve the agenda. Councilman Frank Grady
seconded the motion.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox - Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady- Aye
Councilman Fred Fox- Aye
II.
APPROVAL OF TRIBAL BUSINESS COUNCIL MINUTES - Executive Secretary L. Kenneth
Hall
Minutes - March 27, 2015
Councilman L. Kenneth Hall moved to approve a motion to certify the March 27, 2015 Minutes
with corrections. Councilman Randy Phelan seconded the motion. Vote: 7-0-0-0. Motion
carried.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan - Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady -Aye
Councilman Fred Fox- Aye
Minutes - April 9, 2015 11 Page- Office of the Fxceuti\c :-,ccrctary
THREE AFFILIATED TRIBES
TRIBAL BUSINESS COUNCIL
SPECIAL CONTINUATION MEETING
MAY 28 111 , 2015 MINUTES
Item deferred.
Minutes - April16, 2015
Item deferred.
III.
SPECIAL GUESTS I ELDERS
i)
Rosella Little Soldier
Councilman L. Kenneth Hall requested that one of the oldest living elders be allowed to
approach the Tribal Business Council. Ms. Little Soldier is seeking leases for Units 16 & 60
(Typo packet information). Texx Lone Bear stated that in 2011 this unit slipped through the
cracks. It went unleased. Councilman Randy Phelan stated that the reason we tabled Unit
60 was that her son Dale wanted it.
Motion: Councilman Randy Phelan moved to approve Rosella Little Soldier to reassume the
lease for Units 16 & 60 in the fall of2016. Councilman Frank Grady seconded the motion.
Vote: 6- Ayes. 1-Abstetion. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall - Abstained
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady -Aye
Councilman Fred Fox - Aye
ii)
Tony Mandan
Tony Mandan is seeking financial assistance for travel costs to Rochester on June 11 111 12th.
Motion: Councilman Randy Phelan moved to approve a motion provide assistance for Mr.
Tony Mandan in the amount of $2,000 from Fund 380. Councilman Frank Grady seconded
the motion.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall -Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
EXECUTIVE COMMITTEE REPORTS
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TRIBAL BUSINESS COUNCIL
SPECIAL CONTINUATION MEETING
MAY 28 111 , 2015 MINUTES
IV.
CHAIRMAN'S REPORT- Chairman Mark N. Fox
i)
Cheyenne Brady Honoring Cheyenne Brady, newly crowned Miss Indian World is honored with parents.
Motion: Councilman Randy Phelan moved to approve a resolution no 15-081 -LKH
entitled "Adopting Cheyenne Brady as a Honorary Member of the Three Affiliated
Tribes". Councilman Frank Grady seconded the motion.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox - Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall -Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady -Aye
Councilman Fred Fox- Aye
Discussion: Poncho Brady presented some gifts to the Tribal Business Council.
Cheyenne's' mother thanked the Council for honoring her daughter in this way.
Cheyenne Brady stated that she always represents the Mandan Hidatsa Arikara Nation and
thanked the Tribal Business Council.
V.
VICE CHAIRMAN'S REPORT - Councilman Randy Phelan
VI.
TREASURER'S REPORT- Councilman Mervin Packineau
i)
James Foote
Mr. Foote infonned the Tribal Business Council that the contractor handed over the keys
for the 61 new units at Elbowoods. Also presenting employment contract. Phase II
would include expansion for the KDU, Dental, and Diabetes
Motion: Councilman Fred Fox moved to approve a contract for a 2-year employment
Councilman Cory Spotted Bear seconded the motion.
Vote: 5- Ayes. ! -Abstention. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox - Aye
Councilman Randy Phelan - Not Voting/Not Present
Councilman Mervin Packineau- Abstained
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady -Aye
Councilman Fred Fox- Aye
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MAY 28r 11 , 2015 MINUTES
ii)
Small Loans - Mary Ellen Sun
Motion: Councilman Randy Phelan moved to approve a loan for Billy Grady subject to
the Small Loan Rules for $1,850 with collateral. Councilman Mervin Packineau
seconded the motion.
Vote: 6- Ayes. 1-Abstention. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Ketmeth Hall- Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady -Abstained
Councilman Fred Fox- Aye
Discussion: With collateral in the fonn of a vehicle.
Motion: Councilman Randy Phelan moved to approve a motion to approve loans for
Tana Fox and Whitney Bell subject to Small Loans Program rules. Councilman Frank
Grady seconded the motion.
Vote: 6- Ayes. 1-Abstention. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady -Aye
Councilman Fred Fox- Abstained
Motion: Councilman Frank Grady moved to approve Kimberlee Blevins to receive a
$4,500 Education Grant for an internship. Councilman Fred Fox seconded the motion.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady- Aye
Councilman Fred Fox- Aye
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MAY 28 111 , 2015 MINUTES
Motion: Councilman Fred Fox moved to approve an education loan subject to Small
Loans rules for $1,500 for Kimberlee Blevins. Councilman Frank Grady seconded the
motion.
Vote: 7- Ayes. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan - Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady - Aye
Councilman Fred Fox - Aye
Motion: Councilman L. Kenneth Hall moved to approve a request for an educational
grant for $2,500.
No Action.
Discussion: She is asking for $4,700 for what is owed on tuition. She is recommended
to seek Higher Ed. Grant. Subject to showing unmet need, directed to the college, and
put back into good standing. She can seek an Educational loan for the remainder.
VII.
SECRETARY'S REPORT- Councilman L. Kenneth Hall
VIII.
OFFICER REPORTS:
Chief Financial Officer Report-
IX.
UNFINISHED BUSINESS
i) MHA Nation Tomorrow- Diane Johnson & Ed Hall
Mr. Ed Hall presented a packet to the Tribal Business Council. He expressed major concern
over drug issues and life expectancy that is lower than in war tom countries. Seeking a
Tribal budget to develop a Family Wellness Center. Councilman Cory Spotted Bear
expressed his support for the concept. Ed Hall further explained the concepts of the program.
The Committee agreed to look at during the mid-year budget meetings. No Action.
FTR: Councilman L. Kenneth Hall left the Meeting about 5pm
X.
MEDICAL REQUESTS
i)
Dewey Ciseros
Item deferred to the June 11 111 Tribal Business Council Meeting.
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ii)
Bernie Fox
Mr. Fox submitted a letter of request to Councilman Mervin Packineau for the
consideration by the Tribal Business Council.
Motion: Councilman Frank Grady moved to approve a motion for a $6,500 loan & a
$3 ,000 grant to pay for dental surgery for the daughter of Bernie Fox (Faivyn Driver).
Councilman Fred Fox seconded the motion.
Vote: 7- Ayes. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
COMMITTEES OF THE TRIBAL BUSINESS COUNCIL
XI.
HEALTH & HUMAN SERVICES COMMITTEE - Councilman Frank Grady, Chair
i)
Combined Insurance-Supplemental- Wanda Belgarde
Presented additional information to the Tribal Business Council.
ii)
New Town Ambulance- Brandon G and Dianna Wolf
Item deferred.
iii)
Madonna Azure Contract
Item deferred.
iv)
Dr. Kathy Eagle, EMHC
HIPP A correction and evidence of action plan completed. Started corrective
action. In March Tribal Business Council requested support of the Great Plains
Tribal Health Board.
Request
Productivity Report Submitted
XII.
ECONOMIC DEVELOPMENT COMMITTEE- Councilman L. Kenneth Hall, Chair
i)
Safe Haven Homes- Marilyn Young Bird & Tanya Lone Fight
North Segment will complete if budgeted. White Shield Safe Haven Home will be open
by July 1st. If approved we can get the Mandaree site done by the end of August. They
are fundraising but don't have their own non-profit yet. Has folk singer Joan Biaz
waiting to contribute. Tanya discussed the Day Care seeking a business loan.
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THREE AFFILIATED TRIBES
TRIBAL BUSINESS COUNCIL
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MAY 28 111 ,2015 MINUTES
Motion: Councilman Randy Phelan moved to approve a grant from the North Segment
budget to facilitate improvements and being subject to North Segment rules and
stipulations. Councilman Cory Spotted Bear seconded the motion.
Vote: 6- Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Not Voting/Not Present
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
Discussion: Safe Have Homes budget for White Shield & Mandaree sites. Councilman
Fred Fox & Councilman Randy Phelan both think they can handle their sites at the midyear budget meeting.
ii)
XIII.
Business Proposal- Cameron Hopkins
Item deferred.
NATURAL RESOURCES COMMITTEE- Councilman Randy Phelan, Chair
i)
INFR - Councilman Fred Fox
Item deferred.
ii)
Melissa Acosta Educational Request
Item deferred.
iii)
Antoine Fettig & Patrick DuBois-Dog Pit and Twin Buttes Transfer Station
Antoine Fettig presented the new 2015 -2016 Seasons Handbook to the Tribal Business
Council. Councilman Randy Phelan stated that enrolled members should have free
fishing, but hunting is different with deer populations down. Chairman Mark N. Fox
asked if the fees go back to the program? Ms. Fettig stated that fishing is free for elders
and under 16. Councilman Cory Spotted Bear would like time to review the Handbook.
Chairman Mark N. Fox recommends a limit on non-tribal members hunting. Councilman
Cory Spotted Bear asked for the changes to be highlighted for them & present at the June
11 111 Tribal Business Council meeting. No information provided on the Dog Pit. No
action.
v)
HALCON -Mike Huber
Item deferred.
vi)
WPX- Temporary Water Line
Item deferred.
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MAY 28t'\ 2015 MINUTES
vii)
Missouri River Resources Resolution (MRR)
Carl Artman presented resolution 15-090-LKH entitled: "Grant and Assignment of Lease
on 885.07 Acres to Missouri River Resources ."
Motion: Councilman L. Kenneth Hall moved to approve
Motion withdrawn:
Discussion: Councilman Randy Phelan asked for the terms. Mr. Artman stated that they
are willing to go up to 27%. Chaim1an Mark N . Fox explained the history of Missouri
River Resources and refinery to the audience.
Motion: Councilman Randy Phelan moved to approve a resolution 15-090-LKH entitled
"Grant and Assignment of Lease on 885.07 Acres to Missouri River Resources".
Councilman L. Kenneth Hall seconded the motion.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall -Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
Discussion: Councilman Randy Phelan wants to see drilling commitments by July.
viii)
McKenzie Electric- Carson Hood Jr
Mr. Hood presented and noted that he doesn't work with the Utility Commission, but is
working on Crestwood. Asked to add 2 items to agenda; 1. Granbois Contract. 2.
ROW TARGA Resolutions. Chairman Mark N. Fox stated that unfortunately only the
Tribal Business Council can add agenda items. Councilman Randy Phelan stated that
TARGA needs to be addressed because they are going to provide the Tribe with a $2.5
million dollar check. Chairman Mark N. Fox stated that Crestwood can wait until the
June 11th Tribal Business Council Meeting.
ix)
TARGA-ROW A
Chairman Mark N. Fox asked about how many acres are you asking ROW for and the
panel stated about 39.38 acres. $6,000 per acre for the fee, plus $3,000 annually for 20
years. Councilman Randy Phelan: When we first started their Land Man wouldn't
budge, but their main man came in and increased what they would pay. Chainnan Mark
N. Fox stated that pipelines are crossing our land and we are very serious about
protecting our land. These are the terms we live with and it goes case by case with
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different volumes. Chairman Mark N. Fox stated that it comes out to about
$125,000/year and could support an annual Energy Department budget. Councilman
Randy Phelan added that it started out at $500/acre and it will continue to rise in the
interest of the tribe. Chairman Mark N. Fox stated that there was a learning curve for the
tribe and was expensive for us. Please understand that at some point in time we may
assert our sovereignty and tax the pipeline. Mr. Hood clarified to those present that all
items in resolutions are well connects. Chairman Mark N. Fox wants to make sure we get
assurances up concerning pipeline. Councilman Fred Fox discussed 25 ~CFR,
transportation costs and deductions from allottee royalties . Michael Granbois is doing an
audit on these issues. Chainnan Mark N. Fox does not want to see the transportation cost
increases pushed back to the royalty owner. A panel member stated that they will bring
back the right answer. T ARGA wants to be a good partner/neighbor and strives to
maintain good pipelines. Chairman Mark N. Fox: This critical to us and to be critical
from the beginning of the process.
Motion: Councilman Randy Phelan moved to approve Resolution no. 15-080-LKH
entitled: "Approval of Global Settlement Agreement with TARGA Badlands, LLC."
Councilman L. Kenneth Hall seconded the motion.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall -Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
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x)
Crestwood request- Carson Hood Jr
Item deferred.
xi)
Rural Water Update- Maynard Demaray
Presented his program update a resolution for the Twin Buttes Water Treatment Plant
location. New Town 2 & 4 near completion. New Town/Little Shell is connected with
Parshall and White Shield. Twin Buttes area has some long pipe connections and hopes
to complete by mid-July. Others in Mandaree to lost Bridge, some over 2 miles and we
would like to bid out. Our budget is limited due to sequestration. The Tribe will handle
service connections. Councilman Randy Phelan: East Mandaree issue . .. Mr. Demaray
stated that Twin Buttes is only segment without at this time . Councilman Cory Spotted
Bear: the second one is the best site. Mark Williams has completed the appraisal.
Councilman Randy Phelan asked that he return to Tribal Business Council after
negotiation is done. Mr. Demaray presented Permit /Easement issues between Railroad
and BLR. Their budget is at $1.5 million. ONM has not matched increases. Three
selections of sites presented. Councilman Cory Spotted Bear shared that one of the land
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owner wants a share of water sales, if they run the pipeline through his land/easement.
Mr. Demaray stated that we use option #2, we would need a new easement. Mr.
Demaray recommends option # 1.
Motion: Councilman Cory Spotted Bear moved to approve resolution no. 15-082-LKH
entitled "Consent to Survey Certain Tribal landfor the South Segment's Fort Berthold
Water Project". Councilman Randy Phelan seconded the motion.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox - Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady -Aye
Councilman Fred Fox- Aye
xii)
Contract Discussion - Tallsalt/Granbois
Tallsalt requesting payment for work complete. Will pay Granbois for travel.
Councilman L. Kenneth Hall stated that it is a breach of contract if the start date of
contract is changed. Mr. Hood would like to change the date range of the contract
because Granbois has no work completed. Contract salaries have been budget driven.
Mr. Dogeagle stated that Mr. Granbois needs to be paid for what has been done.
Chainnan Mark N. Fox stated that we should table it. Chairman Mark N. Fox: willing to
consider a one year contract for Gunderson. Councilman Fred Fox stated that he utilizes
his advice quite often and Granbois recommend an audit ofiNGA ' s. Chairman Mark N.
Fox stated that there is a problem of overlapping services between these two.
Motion: Councilman Fred Fox moved to accept the Steve Gunderson Contract for a 17month duration and a start date of September 30, 2015. Councilman Randy Phelan
seconded the motion.
Vote: 5 - Ayes. 1- Opposed. 1- Abstention. Motion canied.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Abstained
Councilman Councilman L. Kenneth Hall - Opposed
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady - Aye
Councilman Fred Fox - Aye
Discussion: Needs a resolution. Easier to go by fiscal year for contract ranges .
xiii)
Resolution: Consent to Survey ... South Segment
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Motion: Councilman Randy Phelan moved to approve resolution no. 15-086-LKH
entitled "Consent to Survey Certain Tribal Lands in South Segment Fort Berthold Rural
Water Project ". Councilman Frank Grady seconded the motion.
Vote: 7- Ayes. Motion canied.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan - Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox - Aye
xiv)
Bobbette Fox
Ms. Fox is seeking loan relief and is asking the Tribe for a house. Her current home has
serious electrical issues and she is a foster parent.
Motion: Councilman Randy Phelan moved to approve a motion to waive the $9,000
loan debt. Councilman Frank Grady seconded the motion.
Vote: 5- Ayes. 2-Not Voting/Not Present. Motion carried.
Chai1man Mark N. Fox- Aye.
Councilman Randy Phelan- Aye.
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall- Aye.
Councilman Cory Spotted Bear- Not Voting/Not Present
Councilman Frank Grady - Aye.
Councilman Fred Fox- Not Voting/Not Present
XIV.
JUDICIAL COMMITTEE- Councilman Fred Fox, Chair
i)
Public Safety (2 Resolutions)
Gerald White Sr. is requesting approval of resolutions and policy manual. Presented a
slide show of photos showing successful drug intervention and people arrested and
prosecuted. Chairman Mark N. Fox asked if we are increasing our number of canine
drug dogs . Jeff White replied that dogs have been purchased and are being processed.
Councilman Fred Fox stated that we need a chart of incident command on the
reservation, maybe a flow chart. Chainnan Mark N. Fox we should appoint overall
authority to a single person. Non-clarification is creating turf wars and disunity in law
enforcement. Councilman Fred Fox stated we need one system. Chairman Mark N. Fox
stated that Segment Officers need to be under this system of control. Councilman Frank
Grady stated that it is under control of the Chief of Police. Chairman Mark N. Fox stated
that we need a central point of command similar to military structure. Chaim1an Mark
N. Fox has no problem assigning Gerald White as that point person. Councilman Fred
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Fox: Would like to hear Councilman Mervin Packineau opinion as a former committee
chair, and he has faith in Gerald White in the interim. Chairman Mark N. Fox stated that
we need a Resolution to grant ultimate authority and must work with the various agencies
and the Judicial Committee is to develop for the June 11th Tribal Business Committee
meeting. Chairman Mark N. Fox stated that it is like a war out there and we need a
system that is military like structure.
Motion: Councilman Fred Fox moved to approve a Resolution no. 15-085-LKH entitled
"Establishment of the Office of Public Safety and the Division of Drug Enforcement ".
Councilman Mervin Packineau seconded the motion.
Vote: 7 - Ayes. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady- Aye
Councilman Fred Fox - Aye
ii)
Fort Berthold District Court
a) Motion: Councilman Fred Fox moved to approve Resolution no. 15-083-LKH
entitled "Appointment of a Special Judge to Preside Over Cases that are a Conflict
of Interest to the Regular Judges within the MHA Nation District Court".
Councilman Mervin Packineau seconded the motion.
Vote: 6 - Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Not Voting/Not Present
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall -Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
b)
Tom Gunderson appointment to the Justice Commission- Diane Johnson
Motion: Councilman Cory Spotted Bear moved to approve Resolution 15-084LKH entitled "Tom Gunderson appointment to the Justice Commission".
Councilman Fred Fox seconded the motion.
Vote: 6 - Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox - Aye
Councilman Randy Phelan- Not Voting/Not Present
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Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall -Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady- Aye
Councilman Fred Fox - Aye
iii)
Twin Buttes LE Officers -AI Demaray
Addressed per Representative.
iv)
Condition Response Training - Titus White Body
Motion: Councilman Frank Grady moved to approve resolution no. 15 -093 -LKH
entitled "Authorization for a Consultant Contract between the Three Affiliated Tribes
and Conditioned Response Training, LLC" Councilman Fred Fox seconded the motion.
Motion Amended: To cover training under supplemental budget for $5,800.
Vote: 6 - Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall - Not Voting/Not Present
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady- Aye
Councilman Fred Fox- Aye
v)
Law Enforcement Specialist/Grant Contractor/Contract Specialist
Item deferred.
vi)
Summer Intern - Robert Hunter Sr.
Motion: Councilman Randy Phelan moved to approve a motion to hire at $20/hr. for 240
hours. Councilman Cory Spotted Bear seconded the motion.
Vote: 6 - Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox - Aye.
Councilman Randy Phelan- Aye.
Councilman Mervin Packineau- Aye.
Councilman Councilman L. Kenneth Hall- Not Voting/Not Present
Councilman Cory Spotted Bear - Aye.
Councilman Frank Grady- Aye.
Councilman Fred Fox - Not Voting/Not Present
vii)
Sadie Young Bird - Consultant Contracts
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Motion: Councilman Fred Fox moved to approve resolution no. 15-087-LKH entitled"
Approval of the Consultant Contract for the Domestic Violence Program of the Three
Affiliated Tribes with Loreline LaCroix". Councilman Randy Phelan seconded the
motion.
Vote: 5 - Ayes. 2-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye.
Councilman Randy Phelan- Aye.
Councilman Mervin Packineau- Not Voting/Not Present
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye.
Councilman Frank Grady- Not Voting/Not Present
Councilman Fred Fox- Aye.
Discussion: About $3,750/month from the Bakken Incentive Grant
Motion: Councilman Fred Fox moved to approve resolution no. 15-088-LKH entitled
"Approval of the Consultant Contract for the Domestic Violence Program of the Three
Affiliated Tribes with Heidi Danks" subject funding availability and negotiation of the
Director at a rate that will maximize the personnel. Councilman Randy Phelan seconded
the motion.
Vote: 6- Ayes. 1-Not Voting/Not Present. Motion carried.
Chainnan Mark N. Fox- Aye.
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Not Voting/Not Present
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
Discussion: Pending licenses, credentials & at rate. Mark N. Fox subject funding
availability and negotiation of the Director at a rate that will maximize the personnel.
FTR: Judge Parks introduced herself to the Tribal Business Council and briefly discussed Supreme Court
developments.
XIII
EDUCATION COMMITTEE- Councilman Cory Spotted Bear, Chair
i)
MHA Juvenile Truancy Officer- Francine White
Ms. White reported on activities, budget concerns, and a 3-year agreement. Have been to
Education Committee and have developed a resolution with the guidance of Damon
Brady to put truancy officers in the schools. They are seeking $332,000 to establish the
program. The Tribal Business Council recommended that Ms. White return with a
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resolution that includes a budget after the Mid-year Budget meeting and Tribal Court
restructuring.
ii)
Financial Assistance for the Study Abroad Program in Peru -lvfonea Warrington
Ms. Warrington, an enrolled member attending college will graduate in 2017. She is
seeking financial assistance for a 3-week intensive course studying pre-Inca cultures of
Peru. The course is worth 6-credits. Ms. Warrington is asking for $6,ooo to cover the
cost of the class.
Motion: Councilman Fred Fox moved to approve the educational grant for the amount of
$4,000 as a grant. Councilman Cory Spotted Bear seconded the motion.
Vote: 6 - Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye.
Councilman Randy Phelan- Not Voting/Not Present
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
Discussion: Chairman Mark N. Fox would like Ms. Warrington to return and present to
a report to area children as a service. She will work through Kari Massett.
iii)
2015 Learn and Lead -Laurel Deegan Fricke
Learn & Lead proposal that was approved through the Education committee. Program is
showing positive results from school data. Not ready for a budget but seeking a 3 year
commitment with annual payments of $245 ,000 as recommended by the CFO.
Councilman Cory Spotted Bear from education Committee will work with her. Chairman
Mark N. Fox stated that it needs a resolution. No action.
iv)
Educational Assistance for Nursing School - Willow Hale
Item deferred.
v)
Brother Eagle -Damon Brady
Rod Wilson of Results Unlimited presented statistics supporting the Brother Eagle
program success against truancy, drug abuse and bullying. Mr. Wilson is seeking
continued funding at $129,900. Councilman Randy Phelan asked where it would come
out of and Councilman Mervin Packineau recommended reviewing the budget at the
Mid-year Meeting.
Motion: Councilman Mervin Packineau moved to approve continuation of the Brother
Eagle Program.
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Motion failed.
Discussion: The presenter was directed to work with Damon Brady and to bring back
on the June 11th Tribal Business Council Meeting.
FTR: The audience was advised to delay any travel on Highway 22, due to a well fire in the area.
XIV
LEGAL DEPARTMENT- Caleb Dog Eagle, Esq. , MHA Acting Supervising Attorney
Business Licenses are backed up in approval. Chairman Mark N. Fox: restructuring and
establishment of a business commission.
i)
RESO Solid Waste Rental Fees
ii)
Galanda Broadman Contract- Caleb Dogeagle
Motion: Councilman Mervin Packineau moved to approve a resolution 15-094-LKH
entitled "Approval of the Special Counsel Contract Between Galanda Broadman PLLC
and the Three Affiliated Tribes". Councilman Frank Grady seconded the motion.
Vote: 5- Ayes. !-Abstention. 1-Not Voting/Not Present. Motion carried.
Chainnan Mark N. Fox- Abstained
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall -Not Voting/Not Present
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady -Aye
Councilman Fred Fox- Aye
iii)
Election Consultant Contracts
Mr. Dogeagle handed out contract and discussed issues such as the budget being
exhausted and verification of time. Mr. Dogeagle recommends allowing a time clock
addition. Over budget, and has not seen any work product. Election Board. Councilman
Mervin Packineau: have them do a time clock. Mr. Dogeagle recommends they clock in.
Chairman Mark N. Fox stated to watch out for IRS issues, should remove the time issue
Motion: Councilman Frank Grady moved to approve a motion to accept with changes.
Councilman Randy Phelan seconded the motion.
Vote: 6- Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox - Aye.
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall - Not Voting/Not Present
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady- Aye
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Councilman Fred Fox- Aye
FTR: Dr. Arcelay Contract was addressed at this time in closed session.
iv)
Liquor Licensees
Motion: Councilman Fred Fox moved to approve the Roseglen Bar Alcohol License.
Councilm an Mervin Packineau seconded the motion.
Vote: 6- Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye.
Councilman Randy Phelan- Aye
Councilman Mervin Packinea u- Aye
Councilman Councilman L. Kenneth Hall - Not Voting/N ot Present
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
Motion: Councilman Mervin Packineau moved to approve the Albert/RuPert Alcohol
License. Councilman Fred Fox seconded the motion.
Vote: 6- Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye.
Councilman Randy Phelan- Aye
Councilman Mervin Packinea u- Aye
Councilman Councilman L. Kenneth Hall -Not Voting/N ot Present
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
Motion: Councilman Mervin Packineau moved to approve Ed ' s Bar Alcohol License.
Councilm an Frank Grady seconded the motion.
Vote: 6 - Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye.
Councilman Randy Phelan- Aye
Councilman Mervin Packinea u- Aye
Councilman Councilman L. Kenneth Hall -Not Voting/N ot Present
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
Motion: Councilman Mervin Packineau moved to approve Four Bears Casino & Lodge
Alcohol License. Councilman Fred Fox seconded the motion.
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Vote: 5- Ayes. ! -Abstention. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Abstained
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall - Not Voting/Not Present
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
v)
Customary Adoption Code - Tyra Wilkinson
Motion: Councilman L. Kenneth Hall moves to approve a third reading. Councilman
Fred Fox.
Vote: 5- Ayes. !-Abstention. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Abstained
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady- -Not Voting/Not Present
Councilman Fred Fox- Aye
XV
NEW BUSINESS - Tribal Councilman Add Ons
i)
Chairman Mark Fox -Dennis Deutsch Contract
Motion: Councilman Randy Phelan moved to approve Resolution no. 15-089-LKH
entitled "Approval of the Consultant Contract between the Three Affiliated Tribes and
Dennis Deutsch". Councilman Frank Grady seconded the motion.
Vote: 7- Ayes. Motion carried.
Chairman Mark N. Fox- Aye.
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Aye
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady- Aye
Councilman Fred Fox- Aye
Discussion: Tribal Construction Representative on the Law Enforcement and Court
House Projects at $7,000 for the whole month. At about 90% complete already.
ii)
Chairman Mark Fox -Angelo White Body Financial Request
Presenter is requesting a sponsorship for $9,660 to train with Virgil Hill at the
Quicksilver Hill Training Camp. May 31 sr, 2015-August 9r\ 2015.
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Motion: Councilman Randy Phelan moved to approve a motion for a financial request
for $4,500. Councilman Frank Grady seconded the motion.
Vote: 5- Ayes. 2-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau - Not Voting/Not Present
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady- Aye
Councilman Fred Fox- Not Voting/Not Present
iii)
Councilman Cory Spotted Bear -Board Appointments
Councilman Mervin Packineau moved to approve resolution no . 15-091 -LKH entitled"
Appointment ofAllan Demaray to Replace Travis Hallam to Serve on the Fort Berthold
Housing Authority". Councilman Frank Grady seconded the motion.
Vote: 6- Ayes. 1-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Not Voting/Not Present
Motion: Councilman Mervin Packineau moved to approve Resolution no. 15-092-LKH
entitled "Appointment of Whitney Bell to Replace Daylon Spotted Bear to Serve on the
TERO Commission". Councilman Randy Phelan seconded the motion.
Vote: 6- Ayes. 1-Not Voting/Not Present. Motion carried.
Chaim1an Mark N. Fox- Aye
Councilman Randy Phelan- Aye
Councilman Mervin Packineau -Aye
Councilman Councilman L. Kenneth Hall- Aye
Councilman Cory Spotted Bear - Aye
Councilman Frank Grady - Aye
Councilman Fred Fox - Not Voting/Not Present
iv)
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Councilman Cory Spotted Bear - Twin Buttes Horse Race
Motion: Councilman Cory Spotted Bear moved to approve a motion for financial
assistance. Councilman Frank Grady seconded the motion.
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Motion withdrawn:
Discussion: Councilman Cory Spotted Bear will utilize his segment funds for the event.
v)
Councilman Mervin Packineau - Luke Sp otted Bear
Item deferred.
vi)
vii)
Councilman Mervin Packineau -Reserved
Councilman Randy Phelan- PetroGulf
FTR: Item not officially on agenda.
Jerry Goiter, Doug McCloud presented. South of New Town about 7 miles under the
Missouri River near Reunion Bay. Have drilled 4 wells to date mostly section line wells.
Seeking suppmi HALCON drilling to the west and the Tribe has a bigger interest in the
PetroGulf and on the East it is Marathon with no Tribal interest. The group discussed
how HALCON and Marathon are going to take the tribal oil by drainage from the Tribal
lands in the middle. Would like to lease the riverbed acreage for a 4.1 million dollar
bonus, 4 wells in one year, and a 25 % royalty bonus. Councilman Randy Phelan: Can
we get $8,000 an acre for 636+ acres (depending on water level) . Chai1man Mark N. Fox
stated that he wants minimum bid requirements to get the maximum. Will be discussing
the drainage issue in DC soon.
viii)
ix)
Councilman Randy Phelan -Reserved
Councilman L. Kenneth Hall - Carmen Two Bears
Item deferred.
x)
Councilman L. Kenneth Hall -Stephanie Baker
Item deferred.
xi)
Councilman Fred Fox -Duane Bowens, Old Scouts Society
Mr. Duane Bowens addressed the Tribal Business Council seeking $35 ,000 for the Old
Scout Society activities during the summer. Also discussion concerning the Old Scout
Pow-Wow need for financial assistance. Also planning for the June Little Big Horn Reenactment, and the November llrh Veterans Pow-Wow in White Shield.
Motion: Councilman Fred Fox moved to approve a motion to the amount of $9,000 for
the Old Scout Pow-Wow subject to the submission of a budget. Councilman Randy
Phelan seconded the motion.
Vote: 7-Ayes. Motion carried.
Chairman Mark N. Fox- Aye .
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
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Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady - Aye
Councilman Fred Fox- Aye
Discussion: Councilman Fred Fox asked Mr. Bowens if he wanted to come back later
for the Old Scouts Re-enactment, and he affirmed.
FTR: Mr. Bowen submitted a budget to the Tribal Business Council after the meeting.
FTR: Councilman Fred Fox left the meeting at 5:17
xii)
Councilman Fred Fox- Hans Young Bird
Mother presented for Mr. Young Bird (Bradley) for the approval of a home site in
Standing Rock that was deeded to him by his adopted father. There are already
precedents set for this type of action. Standing Rock would want the Right of First
Refusal if sold or in default.
Motion: Councilman Cory Spotted Bear moved to approve a motion subject to the
requirements of that Tribes Home Loan Program as well as increase to potential preapproved loan subject to our Home Loan Director' s requirements. Councilman Randy
Phelan seconded the motion.
Vote: 7-Ayes. Motion carried.
Chai1man Mark N. Fox- Aye.
Councilman Randy Phelan- Aye
Councilman Mervin Packineau- Aye
Councilman Councilman L. Kenneth Hall - Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady- Aye
Councilman Fred Fox- Aye
xiii)
Councilman Frank Grady - Pearl Ross & Rebecca Cronis
Rebecca Cronis and her mother Pearl Ross is seeking a home loan for $119,000.
Chairman Mark N. Fox suggested increasing the loan closer to the appraisal cost.
Councilman L. Kenneth Hall also offered assistance in the form of a secondary loan from
North Segment.
Motion: Councilman Randy Phelan moved to approve a motion authorizing a higher
limit on a pre-approved loan subject to verification of income. Councilman Frank Grady
seconded the motion.
Vote: 5 - Ayes. 2-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Aye.
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Councilman Randy Phelan- Aye.
Councilman Mervin Packineau- Aye.
Councilman Councilman L. Kenneth Hall- Not Voting/Not Present
Councilman Cory Spotted Bear- Aye.
Councilman Frank Grady - Aye.
Councilman Fred Fox- Not Voting/Not Present
Councilman Frank Grady- Reserved
XVI
CLOSED SESSION
FTR: The Tribal Business Council moved into Open Session at 9:15pm
Motion: Councilman Mervin Packineau moved to approve a motion to raise salaries for
Councilman to $65/hr. and $70/hr. for the Chairman. Councilman L. Kenneth Hall seconded the
motion. Vote: 4-0-2-1. Motion carried. (Chairman Mark N. Fox, Councilman Fred FoxAbstained, Councilman Randy Phelan-Not Voting)
Vote: 4- Ayes. 2- Abstentions. 1-Not Voting. Motion carried.
Chairman Mark N. Fox- Abstained
Councilman Randy Phelan- Not Voting
Councilman Mervin Packineau- Aye.
Councilman Councilman L. Kenneth Hall -Aye
Councilman Cory Spotted Bear- Aye.
Councilman Frank Grady -Aye .
Councilman Fred Fox- Abstained
FTR: The Tribal Business Council returned to Closed Session at 9:20pm.
Note: Pages 23-32 of the Closed Session have been removed
XVII
ADJOURNMENT
Motion: Councilman Fred Fox moved to adjourn the meeting at 9:38pm. Councilman L.
Kenneth Hall seconded the motion. Meeting adjourned.
Vote: 5- Ayes. 2-Not Voting/Not Present. Motion carried.
Chairman Mark N. Fox- Not Voting/Not Present
Councilman Randy Phelan- Not Voting/Not Present
Councilman Mervin Packineau- Aye.
Councilman Councilman L. Kenneth Hall -Aye
Councilman Cory Spotted Bear- Aye
Councilman Frank Grady -Aye.
Councilman Fred Fox- Aye
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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 7 were present at the Special Meeting thereof duly called, notice, convened
and held on the 28th day of May, 2015; that the foregoing Minutes were amended and/or duly adopted at such
meeting by the affirmative vote of 7 members; 0 members opposed; 0 members abstained; 0 Member not
voting.
Chairman (X) Voting ()Not Voting
Dated this 3rd day ofDecember, 2015.
ATTEST:
xecutive Secretary, L. Kenneth
Tribal Business Council,
Three Affiliated Tribes
Tr~
Tribal Business Council,
Three Affiliated Tribes
311 Page- Office of the J' xccutivc Secretary