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 2 1Page- Office of the Fxccuti\c Secretary THREE AFFILIATED TRIBES 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 3 1 P a g e - 0 t' f i c e o f t h e 1: x e c u t 1\ e 'i e c r e t u r 'v THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING 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 4 1Pa g e - 0 f f ic e o f t h e I- \. c c u t i \ c S c c r c t a r ) THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING 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. SI Page- Office of the I cculi\c Secretary THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28t 11 , 2015 MINUTES 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. 6 1Page- Off'ice of the Fxccuti\c Secretary THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING 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. 71 Pa g e - 0 f f i c e o f t h c L x e c u t i \' c S c c r c t a r .Y THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING 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 8I Page- Office of the Fxccuti\c Secretary THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28t\ 2015 MINUTES 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 9 1 Pa g c - 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 o rri c c o r thc r" xccuti\ l' sc c r c t a r : THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28 1'\ 2015 MINUTES 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 10 I P a g c - 0 f f i c c o f t he F xc c ut ivc Sccrcl a r \ THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28 111 , 2015 MINUTES 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 lli Pagc- Offtcc nl the I x..:cutl\c "iccr..:tar\ THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28t'\ 2015 MINUTES 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 12 1 P a g c - 0 f f i c c o f t h e I· x e c u t i v e S e c r c L a r y THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28 1h, 2015 MINUTES 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 13 I Page- Office of the Fxccutivc Secretary THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28t\ 2015 MINUTES 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 14 1 P a g c - 0 f f i c c o f t h c F x c c u t i v c S c c r c l a r y THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28r11 , 2015 MINUTES 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. 15 1 P a g e - 0 f f i c e o r t hc F x e c u t i ' c Sc c r e t a r ' THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28t'\ 2015 MINUTES 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 16 P a g c - 0 f f i c c o f t h e I J '< c c u t i ,, c S c c r c t a r y THREE AFFILIATED TRIBES TRIBAL BUSINE SS COUNCIL SPECIAL CONTIN UATION MEETING MAY 28r 11 , 2015 MINUTES 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. 171 Pagc- ()fficc of the 1" -.;ccut i\c Sccrct ar\ THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28 1\2015 MINUTES 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. 18 J P a g c - 0 f f i c c o f t hc I x cc u t i \ c Sec rc t a r\ THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28 1h, 2015 MINUTES 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) 19 1 P a o b 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. e - 0 f f i c c o I' t h e I· x e c u t 1\ e S e c r e La r \ THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28 1\2015 MINUTES 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 20 I p a g c - 0 f f i c c 0 r t h c I· "\ c c Ll ti\ c sc c r c t a r \ THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28t 11 , 2015 MINUTES 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. 21 I p a g c - 0 f ri c c 0 r t h c I· X cc Ll I i\ c sc c r e l a r ~ THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28th' 2015 MINUTES 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 22 I p a g e - 0 rf i c e 0 r t he I X ecut ive s e L' r c t a r y THREE AFFILIATED TRIBES TRIBAL BUSINESS COUNCIL SPECIAL CONTINUATION MEETING MAY 28th, 2015 MINUTES 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