BOD Meeting Votes 06-16-06 - Sault Tribe of Chippewa Indians

RESOLUTIONNO: .;LODf:,. ""
TRUST LANDLEASE -LOT(S) 692 & §2!
SUGGITT/SUGGITT
KlNROSS,MICIDGAN
Mln Waban Dan
Administrative
Office
RESOLVED, the Board of Directors of the Sault Ste. Marie Tribe of Chippewa
Indians hereby authorized its Tribal Chainnan Aaron A. Payment, and Treasurer,
Todd K. Gravelle, to execute a lease to the land located at Kinross, Michigan to,
Eric S. Suggitt and Nancy F. Suggitt, husband and wife, land being described as
follows:
523 Ashmun Street
Lots 692 & 691, Cedar Grove Estates III
sault Ste. Marie
Michigan
CERTIFICATION
49783
906.635.6050
Fax
906.635.4969
Government
Services
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe
of Chippewa Indians, hereby certify that the Board of Directors is composed of \3
members constituting a quorum were present at a
members, of whom ~
meeting thereof duly called, noticed, convened, and held on the --Lk.. day of
JJU1\.R
2006; that the foregoing resolution was duly adopted at said meeting
by an affinnative
vote of
--'L-
members for,
~
members against,
~
members abstaining, and that said resolution has not been rescinded or amended
in any way.
Meml/enhlp
Service.
Economic
Development
Commission
Aaron Paymen#,TdLal Chairperson
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy Abralrlson, Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTION NO: 02...0010 - ~?
TRUST LAND LEASE -LOT(S) 702 & 701
QUlNLAN/QmNLAN
KINROSS, MICHIGAN
Min Waban Dan
Admini51'ul:ve
Office
RESOLVED, the Board of Directors of the Sault Ste. Marie Tribe of Chippewa
Indians hereby authorized its Tribal Chairman Aaron A. Payment, and Treasurer,
Todd K. Gravelle, to execute a lease to the land located at Kinross, Michigan to,
Trevor J. Quinlan and Lena M. Quinlan, husband and wife, land being described
as follows:
523 Ashmun Street
Lots 702 & 701, Cedar Grove Estates ill
Sault Sle. Marie
MichIgan
CERTIFICATION
49783
Phone
006.635.6050
Fax
006.635.4969
Government
Servlc..
D
Economic
lopment
Commission
We, the undersigned, as Chaitperson and Secretary of the Sault Ste. Marie Tribe
of Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom ~
~g
members constitutinga quorum were present at a
~
_ thereofduly
2006; thatcalled,noticed,convened,
the foregoing resolution was
and
duly
held
adopted
on theat said meeting
day of
members against, ~
by an affirmative vote of -1L members for, ~
members abstaining, and that said resolution has not been rescinded or amended
in any way.
Aaron Payment, TrI>al
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy Ab~'n,
Secretary
Sault Ste.1.larie Tribe of
Chippewa Indians
RESOLUTION NO: OlDO~
-~ ~
TRUST LAND LEASE -LOT(S) 661& 660
ERICKSONIHAACK
KINROSS, MICHIGAN
Min Waban Dan
Administrative
Office
RESOLVED, the Board of Directors of the Sault Ste. Marie Tribe of Chippewa
Indians hereby authorized its Tribal Chainnan Aaron A. Payment, and Treasurer,
Todd K. Gravelle, to execute a lease to the land located at Kinross, Michigan to,
David F. Erickson, a single man, and Jessica A. Haack, a single woman, land
being described as follows:
523 Astunun Streel
saul. Sle. Marie
Lots 661 & 660, Cedar Grove Estates ill
Michigan
49783
006.635.6050
Fax
006.635.4969
Govemment
Service.
CERTIFICATION
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe
of Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom iib... members constituting a quorum were present at a
meeting thereof duly called, noticed, convened, and held on the iJ:::.. day of
~L4\.P
2006; that the foregoing resolution was duly adopted at said meeting
by an affinnative vote of --1L members for, -D- members against,--'L-
members abstaining,and that said resolutionhas not been rescindedor amended
in any way.
Memllenhlp
Services
Economic
Develapment
Commission
Aaron Payment, tribalfChairperson
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy Ab~n,
Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTION NO:
d OOb-'-9
TRUST LAND LEASE -LOT(S) 659 & 658
TROTTERlfROTTER
KINROSS, MICHIGAN
Mln Waban Dan
Administrative
Office
523 AShmun 5"001
RESOLVED, the Board of Directors of the Sault Ste. Marie Tribe of Chippewa
Indians hereby authorized its Tribal Chainnan Aaron A. Payment, and Treasurer,
Todd K. Gravelle, to execute a lease to the land located at Kinross, Michigan to,
Marc A. Trotter and Tracy M. Trotter, husband and wife, land being described as
follows:
Lots 659 & 658, Cedar Grove Estates m
saull 5te. Marie
Michigan
CERTIFICATION
49783
1106.635.6060
fax
1106.635.4009
Government
Service.
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe
of Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom l.:i members constituting a quorum were present at a
day of
meeting thereof duly called, noticed, convened, and held on the ~
J.P.w...L
2006; that the foregoing resolution was duly adopted at said meeting
by an affirmative vote of J.l
members for, ~
members against, ~
members abstaining, and that said resolution has not been rescinded or amended
in any way.
Meml1enhlp
ServIce.
Economic
D lo.....Commlulon
Aaron Payment, TriW C
Sault Ste. Marie Tribe of
Chippewa Indians
')
cath;'Ab~n,
Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTION NO: c:J.OO/:;>
-
'1D
TRUST LAND LEASE -LOT(S) 639
BRADLEY/GREGG
KlNROSS, MICHIGAN
Min Waban Dan
Adminishuli.e
Office
RESOLVED, the Board of Directors of the Sault Ste. Marie Tribe of Chippewa
Indians hereby authorized its Tribal Chainnan Aaron A. Payment, and Treasurer,
Todd K. Gravelle, to execute a lease to the land located at Kinross, Michigan to,
Colin T. Bradley and Shauna O. Gregg, a single man and a single woman, land
being described as follows:
S;z3 J\Shmun 51reel
Lot 639, Cedar Grove Estates ill
saull 51e. Marie
Michigan
CERTIFICATION
49783
_.635.6050
Fax
_.635.4969
Government
Services
Economic
DeveI..,
t
Commission
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe
of Chippewa Indians, hereby certifYthat the Board of Directors is composed of 13
members, of whom /.;J... members constituting a quonnn were present at a
meeting thereof duly called, noticed, convened, and held on the ~
day of
~
2006; that the foregoing resolution was duly adopted at said meeting
by an affirmative vote of --I-Lmembers for, 'i- members against, ~
members abstaining, and that said resolution has not been rescinded or amended
in any way.
Aaron Payment, Tri
Sault Ste. Marie Tn"beof
Chippewa Indians
'erson
Cathy A\(r4ffison,Secretary
Sault Ste.'tiarie Tribe of
Chippewa Indians
AUTHORIZATION OF UTILITY EASEMENT
RESOLUTIONNO: Ol.bob
CLOVERLAND ELECTRIC
- BESSEL
"11
PROPERTY
WHEREAS,the Sault Ste. Marie Tribe of ChippewaIndians (Tribe) is a federally
rccogroi7.ed
Indian Tribe organizedIU1derthe Indian Reorvni7S1tionAct of 1934,25
USC 467, et seq; and
Min Waban Dan
Administrative
Office
523 Ashmun
SlrC'".et
WHEREAS, the United States of America holds land located in the County of
Mackinac, Clark Township in trust for the Sault Ste. Marie Tribe of Chippewa
Indians; and
WHEREAS, Cloverland Electric has requested an easement, without tenure, for the
relocation of an overhead electric distribution line to provide an increase in service for
current and future growth.
Sault Ste. Marte
Michigan
49783
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Sault
Ste. Marie Tribe of Chippewa Indians hereby approves the granting of an easement for
no monetary consideration due to the overall benefits to the Tribe and its members
derived from the overhead distribution line benefiting the Housing Development,
Casino and Community Center; across the following described property:
906.635.6050
Fax
Land situated in the State of Michigan, County 0 f Mackinac, and more particularly
described as follows:
906.635.4969
Service8
Economic
o.-Iopment
Commission
The Northeast Y. of the Northeast Y. of Section 9, Township 42 North, Range I West
This easement is limited to the North 15 feet lying South of and abutting the South
right-of-way line of the County Road.
Approximate distance of the right-of-way will be one-quarter mile and will not exceed
a width of 15 feet outside of the County Road right-of-way.
BE IT FURTHER RESOLVED, that the Board of Directors authorizes its Chairman,
Aaron A. Payment and Treasurer, Todd K. Gravelle to execute any documentation
required concerning the grant of easement, without tenure, and for no monetary
consideration, consistent with this resolution for and on behalf of the Tribe.
CERTIFICATION
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe of
Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom /!ib..- members constituting a quorum were present at a meeting
thereof duly called, noticed, convened, and held on the ...l.1z.- day of Ju.~
2006; that the foregoing resolution was duly adopted at said meeting by an affirmative
vote of -1!2..- members for, Lmembers against, ---Z2...members abstaining, and
that said resolution has not been rescinded or amended in any way.
Aaron Payment, tribatt:hairperson
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy AbrAn~n, Secretary
Sau1tSre.~arieTribeof
Chippewa Indians
RESOLUTION NO: ,;2 DfXo - 7 ~
AMENDMENTTO PLAN YEAR 8,
TO INCLUDEA NEW ACTIVITY
Min Waban Dan
Administrative
Office
WHEREAS, Section 102 of the Native American Housing Assistance and SelfDetermination Act (NAHASDA) requires the submission of an Indian Housing Plan
for guiding and accomplishing housing activities to meet community needs; and
WHEREAS, there are funds made available through the U.S. Department of Housing
and Urban Development Office of Native American Programs to meet the needs
according to the Indian Housing Plan; and
523 Ashmun Street
sault SIC. Marie
Michigan
49783
906.635.6050
fax
906.635.4969
G0'4I8nunent
Services
Meml1enhip
ServIces
Economic
_Iopment
Commission
WHEREAS, the Sault Tribe Housing Authority Commission does hereby request
approval from the Tribal Board of Directors to amend the Plan Year 8, NAHASDA
Grant No. 05-IH-2654680, according to Section 103(c) NAHASDA and CFR
1000.232.
WHEREAS, NAHASDA requires timely obligation of funds and there is a minimal
amount available to be reprogrammed, and;
WHEREAS, the Sault Tribe of Chippewa Indians Housing Commission wishes to
provide alternative activities for our children living on the Manistique site as
deterrents to drug and alcohol abuse and crime, by re-allocating $6,000.00 from
Housing Services to Crime Prevention and Safety to repair and upgrade a basketball
court on the Manistique Site.
NOW, TIiEREFORE, BE IT RESOLVED, that the Sault Ste. Marie Tribe of
Chippewa Indians Board of Directors supports the amended budget for PY 8
recommended and approved by the Housing Board of Commission.
CERTIFICATION
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe of
Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom
~
members constituting a quorum were present at a meeting
thereof duly called, noticed, convened, and held on the
A-
day of J."A1..JL..
2006; that the foregoing resolution was duly adopted at said meeting by an
affirmativevote of -LL- members for, --12- members against, ~
members
abstaining,and that said resolutionhas not beenrescindedor amendedin anyway.
Aaron Payment, TfibalChairperson
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy Ab~n,
Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTION
NO:
~
00(0
-73_
AMENDMENTTO PLAN YEAR 9
(F1RSTAMENDMENT)
Min Waban Dan
Administrative
Office
523 Ashmun 5,"",'
saul' 5.e. MarIe
Michigan
49783
906.635.6050
Fax
WHEREAS, Section 102 of the Native American Housing Assistance and SelfDetennination Act (NAHASDA) requires the submission of an Indian Housing Plan
for guiding and accomplisbing housing activities to meet community needs; and
WHEREAS, there arc funds made available through the U.S. Department of Housing
and Urban Development Office of Native American Programs to meet the needs
according to the Indian Housing Plan; and
WHEREAS, the Sault Tn"beHousing Authority Commk.ion does hereby request
approval from the TnDal Board of Directors to amend the Plan Year 9, NAHASDA
Grant No. 06-1lI-2654680, according to Section 103(c) NAHASDA and CFR
1000.232.
WHEREAS, the Sault Tribe of Chippewa Indians Housing Commission wishes to
allocate the additional grant monies to include activities and a new staff person,
Home Inspector; and
906.635.4069
C4,6m
~
nt
.de8.
NOW, TIlEREFORE, BE IT RESOLVED, that the Sault Ste. Marie Tribe of
Chippewa Indians Board of Directors does hereby support the amended budget
recommended and approved b y the Sault Tribe Housing Board 0 f Commission in
order to add m odemization activities, the development 0 fat bird quad, travel and
training and a Home Inspector position.
E--me
D81'81opm8nt
CommIuIon
CERTIFICATION
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe of
Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members,ofwhom /~ members constituting a quorum were present at a meeting
thereof duly called, noticed, convened, and held on the ...A.. day of J<.uv
2006; that the foregoing resolution was duly adopted at said meeting by an
affirmative vote of -.LL members for, -'2- members against, ~
members
abstaining, and that said resolution has not been rescinded or amended in any way.
Aaron Payment, T~al
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy Ab~n,
Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTIONNO:~
PATHWAYSINORmCARE NETWORK COORDINATING AGENCY
PRIMARY PREVENTION PROGRAMMING GRANT APPLICATION
WHEREAS, the Sault Ste. Marie Tribe of Chippewa Indians is a duly recognized
Indian Tribe under the provisions of Indian Rcorg;mi7ation Act of June IS, 1934 (25
U.S.CA); and
Mln Waban Dan
Administrative
OffIce
S23 AShmun Stteet
sault 5'''. MarIe
Mk:hJgan
49783
006.635.6050
006.635.4!J69
CD48mrnent
s.. .ices
Economic
D6.alopment
Commission
WHEREAS, the Sault Ste. Marie Tn"be Of Chippewa Indians is committed to
continuing its efforts of expanding and improving access to primary and prevention
care services as outlined in the Health Strategic Plan; and
WHEREAS, the Sault Ste. Marie Tribe of Chippewa Indians Health Division has
began implementation of integrated behavioral health and primary care services and
we wish to expand the continuum of care to include the LifeSkills Training Program a Substance Abuse Mental Health Services Administration (SAMHSA) Model
Program - for substance abuse prevention to be facilitated in local schools, tribal
schools, and other community settings such as youth educational actiVities,and tribal
community and cultural events; and
WHEREAS, the PathwaysINortbcare Network Coordinating Agency for the counties
of Alger, Chippewa, Delta, Luce, Mackinac, Marquette, Menominee, and Schoolcraft
is accepting applications for fiscal year 2006-2007 Primary Substance Abuse
Prevention Programming grant.
NOW, TIlEREFORE, BE IT RESOLVED, that the Sault Ste. Marie Tribe of
Chippewa Indians Board of Directors supports and authorizes an application to be
submitted to PathwaysINortbcare Network Coordinating Agency for Primary
Substance Abuse Prevention Programming funding to support and expand our
substance abuse prevention to be facilitated in local schools, tnoal school. and other
community settings such as youth educational activities, and tnoal community and
cultural events.
BE IT FURTIIER RESOLVED, that Aaron A. Payment, Tribal Chairperson, or his
duly authorized designees, are authorized to sign, negotiate, amend or rescind any
agreement thereto.
CERTIFICATION
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe of
Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members constituting a quorum were present at a meeting
members, of whom ~
thereof duly called, noticed, convened, and held on the ~
day of ~~
2006; that the foregoing resolution was duly adopted at said meeting by an affirmative
vote of Jf) members for, -1members against, ---'2- members abstaining, and
that said resolution bas not been rescinded or amended in any way.
Cathy Ab~n,
Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTIONNO:~
APPROVAL OF FY 2006 BUDGETS
JUNE 2006
Min Waban Dan
Administrative
Office
523 Ashmun s.reel
Sault Ste. MarIe
NOW, THEREFORE, BE IT RESOVLED, that the Board of Directors of the
Sault Ste. Marie Tribe of Chippewa Indians hereby approves the attached FY
2006 Budgets, for an increase of 58,550,288 in Tooal Support donars.
BE IT FURTHER RESOLVED, the Board of Directors also approves the attached
FY 2006 Budget Modifications for an increase of 571,990 in Tribal Support
dollars.
CERTIFICATION
MIchIgan
49783
We, the undersigned, as ChaiIperson and Secretary of the Sault Ste. Marie Tribe
of Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members constituting a quorum were present at a
members, of whom ~
_.635.6050
Fax
_.635.4969
m~
thereof
duly
noticed,resolution
convened,was
andduly
heldadopted
on theat Lfz
day of
2006;
thatcalled,
the foregoing
said meeting
by an affirmative vote of ..lf2-- members for, ...L.- members against, ~
members abstaining, and that said resolution has not been rescinded or amended
in any way.
Co..ernntenf
5erYI...
Economic
o-Iopment
Commission
Aaron Payment, Tribal Chairperson
Sault Ste. Marie Tribeof
Chippewa Indians
Cathy Abramson, Secretary
Sault Ste. Marie Tore of
Chippewa Indians
RESOLUTION NO: d()()(P~ '7LAPPROVAL AND AUTHORIZATION OF AMENDMENT TO
NATIONAL CITY BANK FINANCING INCREASING LOAN AMOUNT
Mln Waban Dan
Administrative
OffIce
S23 l\SIunun Stree.
saull s.c. Marte
MIchIgan
49783
BE IT RESOLVED, by the Board of Directors of the Sault Ste. Marie Tribe of
Chippewa Indians, as follows;
Section 1
Findings
1.1
The Sault Ste. Marie Tribe of Chippewa Indians (the "Tn"be") is a
federally recogroi7.edIndian Tn"balGovernment org;on;7,ednnder the provisions of
the Indian Reorglln;7.ationAct of 1934.
1.2
Kewadin Casinos Gaming Authority (the "Authority'') is an autonomous
instrumentality of the Tribe.
_.635.4969
1.3
The Authority is the borrower nnder a Loan Agreement ("Loan
Agreement'') among the Authority, the Tn"be,National City Bank of the Midwest
(fOimerly known as National City Bank of MichiganlDlinois), as Administrative
Agent, and the Lenders party from time to time thereto (the "Lenders''), as
amended (the "Financing").
Economk
DewIAp nt
eonv-. . n
1.4
The Tribe is a party to the Loan Agreement as an additional obligor with
respect to certain representations, warranties and covenants, has guaranteed
repayment of the Financing and performance of the obligations of the Authority
pursuant to a guaranty agreement (the "Guaranty"), and has entered into certain
other documents in respect of the Financing (the Loan Agreement, the Guaranty
and other documents are the "Tribe Loan Documents'') evidencing its obligations
("Tn"bcObligations").
_.635.6060
Fax
1.5
The Authority and the Tribe wish to increase the loan amonnt of the
Financing by $5,000,000 pursuant to a First Amendment to Loan Agreement (the
"Amendment").
1.6
It is a condition to the Financing and the Amendment that the Tribe waive
the jurisdiction of the Tribal Court in connection with the Financing, except to the
extent that the Tribe Loan Documents or the Authority Loan Documents, as
amended by the Amendment, may provide for limited jurisdiction for
enforcement of an arbitration award nnder Chapter 95 of the Tribal Code, and the
Board of Directors has determined that it is in the best interests of the Tribe that
the Financing be amended on substantially the terms set forth in the draft
Amendment and that the Tribe waive the jurisdiction of the Tribal Court in
connection therewith.
Res. No: ~ Dt>f.,
- 7fo
Page 2
Section 2
Approvals and Authorization
2.1
The Board of Directors authorizes and directs the Tribe, through its
Chairperson, on such conditions and terms as he deems fit, to enter into the
Amendment on such terms as he may agree upon, which approval will be
conclusively presumed by execution and delivery of the Amendment by the
Chairperson, and to perform its obligations thereunder.
2.3
The ChaiIperson is authorized and directed to execute and deliver such
other certificates, documents, or instruments, as may be required or to take any
and all such action which may be necessary or convenient to effectuate the
Amendment.
Section 3
Waiver of Sovereign Immunity and Consent to Jurisdiction
3.1
The Tribe hereby expressly confirms its waiver under the Tribe Loan
Documents and Resolution 2005-39 and waives its sovereign immunity from suit
should an action be commenced on the Tribe Obligations, as amended by the
Amendment.
This waiver:
i)
ii)
iii)
iv)
v)
vi)
shall terminate upon performance by the Tribe of all of its
obligations under the Tribe Loan Documents, as amended by the
Amendment;
is granted solely to the Administrative Agent and the Lenders;
shall extend to, inter alia. any judicial or non-judicial proceeding or
action, including, but not limited to, any lawsuit, arbitration,
judicial or non-judicial foreclosure proceeding, any judicial or nonjudicial action to enforce the rights of the Administrative Agent as
a secured creditor, and the assertion of any claim in a court of
competent jurisdiction or with any arbitrator or arbitration panel to
enforce the obligations of the Tribe under the Tribe Loan
Documents, as amended by the Amendment;
shall be enforceable against all assets and property of the Tribe, to
the extent sufficient to satisfy the Tn"be's obligations under the
Tribe Loan Documents, as amended by the Amendment;
shall be enforceable only in a court of competent jurisdiction,
including courts of the State of Michigan, the Sault Ste. Marie
Tribal Court, and the federal courts in Michigan (including the
United States Bankruptcy Court), or any arbitrator or arbitration
panel;
the governing law shall be as set forth in Section 3.2.
Res. No: diDO". 7f..
Page 3
3.2
The Tribe Loan Documents, as amended by the Amendment, shall be
construed in accordance with and governed by the internal law of the State of
Michigan; except that matters concerning the validity and perfection of a security
interest shall be governed by the conflict of law rules set forth in Michigan
Uniform Commercial Code. The Tribe expressly submits to and consents to the
jurisdiction of the courts of the State of Michigan and the federal courts of
Michigan, including any courts to which decisions may be appealed, with respect
to any dispute or controversy arising out of the Tribe Loan Documents and the
Amendment, or to any transactions in connection therewith.
Section 4
Waiver of Tribal Court Jurisdiction
The Board of Directors expressly confirms its waiver under the Tribe Loan
Documents and Resolution 2005-39 and waives jurisdiction of the Tribal Court
over any action arising under the Tribe Loan Documents and the Authority Loan
Documents identified in Authority Resolution ..:loo~. 01./. as amended by the
Amendment, pursuant to the provision of Chapter 44.108, except to the extent that
the Tribe Loan Documents or the Authority Loan Documents, as amended by the
Amendment, may provide for limited jurisdiction for enforcement of an
arbitration award under Chapter 95 of the Tribal Code.
CERTIFICATION
We, the undersigned,as Chairpersonand Secretaryof the SaultSte. MarieTribeof
ChippewaIndians, herebyc ertifYthat theBoard 0 f Directors is composedof 13
members, of whom ..l.L- members constitutinga quorum were present at a
meeting thereof duly called, noticed, convened, and held on the
~
day of
...Jtu\.L
2006; that the foregoing resolution was duly adopted at said meeting
members for, ~
members against, ~
by an affirmative vote of ~
membersabstaining,and that said resolutionhas not been rescindedor amendedin
anyway.
Aaron Payment, 1tibar.t:hairperson
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy Abr.Q}lsOn,Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTIONNO:~ODh-
77
MIDJIM PETIY CASH ACCOUNT
AUTHORIZATION TO CHANGE SIGNATURE AUTHORITY
Min Waban Dan
Administrative
Office
RESOLVED, the Board of Directors of the Sault Ste. Marie Tribe of Chippewa
Indians hereby authorizes c hanging the signature authority 0 ft he M idjim Petty
Cash account, National City Bank, to the following individuals. Said account will
require the signature of two of the individuals for any and all transactions:
Victor L. Matson
Jaime MacDonald
Aaron A. Payment
William P. Connolly
523 Ashmun Srreet
Sault Sle. Marie
MIchIgan
CERTIFICATION
49783
906.635.6050
Fax
906.635.4969
Go.emma"'
5erYia.
11:~nomk
D
lopment
Commission
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe
of Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom &:... members constituting a quorum were present at a
meeting thereof duly called, noticed, convened, and held on the --'i£.. day of
~
2006; that the foregoing resolution was duly adopted at said meeting
by an affirmativevote of L1.- members for, t2..- members against, ~
members abstaining, and that said resolution has not been rescinded or amended
in any way.
~
Aaron Payment, mall
Sault Ste. Marie Tribe of
Chippewa Indians
n
Cathy AbrflrisOn.Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTIONNO:~
AMENDING CHAPTER 20:
TREATY FISHING RULES AND REGULATIONS
Min Waban Dan
Adminisll..live
Office
S23 AShmun 5.ree.
sault Sle. Marie
WHEREAS, it bas come to the attention of the Conservation Committee that
Chapter 20 Section 102 (5)(a) and (5)(b) are incompatible as written; and
WHEREAS, this incompatibility is the fact that Chapter 20 Section 102 (5)(a)
states that tribal members that are eighteen years of age or older sbaII be eligible
for a commercial fishing captain's license, while Chapter 20 Section (5)(b) states
that in order to be eligible for a commercial fi~h;"g helper's license without
Seeking Board of Director's approval, a tribal member must be nineteen years of
age; and
Michigan
49783
006.635.6050
WHEREAS, out of a desire to correct this incompatibility, the Conservation
Committee requests that the Board of Directors amend Chapter 20 Section 102
(5)(b) to allow tribal members who are eighteen years of age and older to secure
commercial fishing helper's license without seeking approval from the Board of
Directors.
Fax
006.635.4969
GO.8rn..A8nt
L.. _LM..
Economic
Development
Commission
NOW, THEREFORE, BE IT RESOLVED, that the Board of Director's hereby
amends Chapter 20 Section 102 (5)(b) to read as follows:
"(b) A member, the ages of sixteen and seventeen, sbaII be eligible
for a helper's license only with the written consent of a parent
or guardian and approved by the Tribal Board of Director's."
CERTIFICATION
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe
of Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom Jd:
members constituting a quorum were present at a
meeting thereof duly called, noticed, convened, and held on the ...1l2 day of
~I..u..c
2006; that the foregoing resolution was duly adopted at said meeting
members for, I.:L members against, !2by an affirmative vote of
members abstaining, and that said resolution bas not been rescinded or amended
in any way.
~
Aaron Payment, Trib
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy AbrafPSon.Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
RESOLUTIONNO:~
WAIVER OF SOVEREIGN IMMUNITY AND CONSENT TO WAIVER
OF TRIBAL COURT JURISDICTION
BE IT RESOLVED, by the Board of Directors of the Sault Ste. Marie Tribe of
Chippewa Indians, as follows:
Min Waban Dan
Administrative
Office
523 J\Shmun Slmel
Section 1 FINDINGS AND DETERMINATIONS: The Board of Directors finds and
determines that:
1.1 The Sault Ste. Marie Tribe of Chippewa Indians (the "Tn"be") is a federally
recogJ"i7.edIndian Tribal Government Org;m;7Mundel' the provisions of the Indian
ReoTglln;7J1nonAct of 1934.
Saull SIC. MarIe
411783
1.2 The K.ewadinCasinos Gaming Authority, on behalf of the Kewadin Shores Resort
and Casino, bas negotiated a contract with Sprung Instant Stmctures, Inc., ("SIS") for
the lease of a 90 foot by 285 foot Tedlar coated opaque structure together with certain
accessories for a term of24 months.
Fax
1.3 SIS bas refused to consent to a modification of its lease in a manner that would
permit the Tribe to contract without a waiver of sovereign immunity or Tn"balCourt
jurisdiction.
Michigan
906.635.04969
Go.&...............
s.. ~118J1
D
Economk
lapment
Commlalon
1.4 In order to induce SIS to enter into the lease, the Tribe must confirm that the Tribe
and all other entities claiming by, through or under the Tribe will not claim tribal
immunity or Tn"balCourt jurisdiction with respect to any matter pertaining to disputes
arising from the SIS lease. All of the foregoing are referred to herein as the "Waiver
and Consent Obligations."
1.5 It is in the best interests of the Tribe to consent to the SIS contract and to enter
into the Waiver and Consent Obligations.
Section 2
APPROVALS AND AUTHORIZATION
2.1
The Board of Directors authorizes and directs the Tn"be,through its
Chairperson, for and on behalf of the Tn"be and the Gaming Authority, for and OD
behalf of the Kewadin Casinos to enter into the SIS lease, in the form attached, and the
Tn"beand the Gaming Authority agree to the terms of this SIS lease, and entering into
this lease is in compliance with the Tribe's Constitution and Bylaws.
2.2
The Board of Directors authorizes and directs the Tribe and the Gaming
Authority to give express consent to the terms and provisions of the SIS lease.
2.3
The Chairperson or his designee is authorized and directed to execute and
deliver such other agreements, certificates, documents, or instruments, as may be
required or to take any and all such action which may be necessary or convenient to
effectuate the foregoing.
Res. No: ,.30017' 7't
Page 2
Section 3
WANER
OF SOVEREIGN
JURISDICTION; GOVERNING LAW
IMMUNITY;
CONSENT
TO
3.1
The Tribe hereby waives its sovereign immunity ftom suit should an
action be commenced under the SIS lease.
This waiver:
i) shall terminate upon performance by the Tribe of all of its obligations under the SIS
contract;
ii) is granted solely to SIS and its successors and assigns; and
iii) shall cxtend to inter alia, any judicial or non judicial action, including, but not
limited to, any lawsuit, arbitration, and judicial or non judicial action to enforce the
rights of SIS and the assertion of any claim in a court of competent jurisdiction or with
any arbitrator or arbitration panel to enforce the obligations of SIS under the SIS lease;
Section 4
WANER OF TRIBAL COURT JURISDICTION
4.1 The Board of Directors waivesjurisdiction of the Tribal Court over any action
arising under the SIS lease.
CERTIFICATION
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe of
Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom .l.l- members constituting a quorum were present at a meeting
thereof duly called, noticed, convened, and held on the --1..I.L day of ~
2006; that the foregomg resolution was duly adopted at said meeting by an affirmative
vote of ~
members for, ~
members against, ~
members abstaining, and
that said resolution has not been rescinded or amended in any way.
Aaron Payment, Tri
Sault Ste. Marie Tribe of
Chippewa Indians
Cathy Ab~
Secretary
Sault Ste. Marie Tribe of
Chippewa Indians
ROLL CALL MATRIX
MeetingDate: 0r / to -D ~
Ii A Res. Number
O0
ft
&7
7)
£1
f;b b1
70
7/
1J-
73
t1
1,,1
Unanimous
v
Cathv Abramson
1,/
Joe Eitrem
v'
Todd Gravelle
Iv
DennisMcKelvie
0/
....
Paul Shal!en
/11
Y1 ;/1
J
02.y
1/
I
A..
I
I
I
I
\j
he-
--
Lana Causlev
V
Bob LaPoint
I V
0/
Fred PaCluin
N
v
Rob Lambert
II
Denise Chase
Y
IV
Tom Miller
-{
1...-
Vic Matson
y
.
Aaron Pavrnent
I = Made Motion
.
Y = VotedYes
.
A = Abstained
I
,/
Iv
III
J
,;L
:J-. --2.. .;z.,
"
.;L
2 = Second/Support Motion
N = Voted No
U = Unanimous
ROLL CALL MATRIX
b -/ (.. - o.,b
Meeting Date:
P A Res. Number
,1 /
t.j 1S -tfo
C1ODy.
1'1
Unanimous
v
LA
,
v
Cathy Abramson
"
y
v
Joe Eitrem
'"
y
V'"
Todd Gravelle
y
Dennis McKelvie
\/
.....
l-
Y
I
1-11
};1
I
I
fA
Af>SI-
. y
t.r-Paul Shagen
.....
N
v
Lana Causley
y
l/
Bob LaPoint
N
1'1 j
Fred Paquin
v
"{
J.
v
Rob Lambert
'
v
Denise Chase
Y
'I
v
Tom Miller
\f
:L'/,
Vic Matson
'(, "
'"
s
1
I
01.-
Aaron Payment
. I = Made Motion
. Y = VotedYes
.
.,.A
A = Abstained
*
.;< bOlt>
~
2 = Second/Support Motion
N = Voted No
U = Unanimous
1 ~ - JottJ. vJbJ:,~
7' ~
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1~
I'\D-!- Vo~
.