The Nation

Tribal Report of the Northern Cheyenne Nation (August/September 2006 Vol. I No. 9)

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Minutes of the Northern Cheyenne Tribal Council-August 7, 2006


Call to Order: President Little Coyote called the meeting to order @ 9:30 a.m.

Invocation: Allen Fisher

Roll Call: Sharlene Evans, Secretary

 

1.   Charles Yellow Fox, Jr.       Present

2.   Matthew Two Moons, Sr.        Present

3.   Aljo Strange Owl                 Present

4.   Joe Fox, Jr.                    Present

5.   Allen Fisher                         Present

6.   Alberta Fisher                     Present

7.   L. Jace Killsback                 Present

8.   George Standing Elk                  Absent

9.   Elrena Whitedirt                  10:00

10. Judith Spang                        10:05

11. Rick Wolfname, Vice President Present

12. Eugene Little Coyote, President      Presiding

 

Quorum: Yes, 8 present. 10 present at 10:05 a.m.

 

Announcements:

President Little Coyote announced that tribal member Danny Sioux won the draw conducted by the Rosebud County Court to determine the winner for the primary election, of which the election results were challenged by Mr. Sioux.  He advances to the General Election as a candidate for a seat on the Rosebud County Commission.

 

President Little Coyote also announced that the Tribe is receiving support from some Meade County residents and Bikers in South Dakota in our efforts to preserve Bear Butte. He also informed the Tribal Council of the meeting with Acting Regional Director, Ed Parisian and he recommended that the Tribe should ask for a “Debt Forgiveness” for the Northern Cheyenne Tribal Schools audit.

 

He also informed the council that Senator Baucus and his staff will be here on Tuesday, August 15, 2006, and will meet with the Tribal Council in the Executive Conference after a brief reception in the Tribal Council Chambers. A staff member of Senator Burns will also be here at 1:30 p.m. on Tuesday.

 

Vice President Rick Wolfname announced that the court case against him and Charles Yellow Fox, Jr. has been dismissed by a jury who claimed it was “frivolous”. He also mentioned the protest at Bear Butte and that we have issues here with Dr. Sonntag, in our own back yard. He stated that his son is getting better each day, and thanked everyone for their prayers and support.

 

L. Jace Killsback announced a meeting that will be held at the Billings Sheraton hotel on Tuesday. Land Authority will attend. Discussion includes the “end of the Trust era”.

 

Charles Yellow Fox, Jr. stated that we are following the Constitution and having a regular meeting. He requested for a moment of silence for Ray Harris, who passed away Saturday morning.

 

President Little Coyote stated that the court case (against Vice President Wolfname and Tribal Council member Charles Yellow Fox, Jr.) was dismissed by Judge Big Fire without a trial and jury. That decision has been appealed. He stated that the matter on Dr. Sonntag has come and gone and that there is a world of difference on the issue at Bear Butte.

 

#1.  Minutes – July 24, 2006, Sharlene Evans, Tribal Secretary:

Secretary Sharlene Evans presented tribal council minutes of the meeting on Monday, July 24, 2006.  Tribal Council reviewed and minor corrections were made.

 

A motion made by Charles to approve the minutes of the Tribal Council meeting of July 24, 2006, with corrections. Seconded by Aljo Stange Owl. VOTE: 8-0-0. Motion carried.

 

#2.  Budgets, Wilma LaRance, Tribal Treasurer:

Wilma LaRance, Tribal Treasurer presented a resolution for adoption to authorize modifications to: 1.) Fund No. 382. DHHS-Title IV AOA. Approved the Fiscal year 2007 budget (04/01/06-03/31/07) in the amount of $102,780.41; 2.) Fund No. 383A. Transportation, Approved the Fiscal Year 2007 budget (July 2006-June 2006) in the amount of $3974.77; 3.) Fund No. 379. Head Start. Approved the Fiscal Year 2007 initial Head Start Budget (August 1, 2006-July 31, 2007) in the amount of $1,694,300.  Approval is contingent upon receipt of the Fiscal Year 2007 award and funding documents from Health and Human Services.

 

A motion made by Joe Fox, Jr. to adopt a resolution to authorize a modification to four budgets. Seconded by Vice President Rick Wolfname. VOTE: 8-0-0. Motion carried.

 

Wilma asked for a sick leave policy that will enable employees to donate leave to other employees, including Tribal Council members and officers. A question was raised if this policy could include annual leave. Wilma will research to see if it is allowed to include annual leave.

 

A motion made by Vice President Wolfname to approve and authorize a policy to transfer employee annual leave and sick leave to another employee, including tribal council and tribal officers. Seconded by Charles yellow Fox, Jr. VOTE: 9-0-0. Motion carried.

 

#3.  L. Jace Killsback:

a.)  Health Care Improvement Act: Jace presented a resolution for approval to urge Congress to support reauthorizing the Indian Health Care Improvement Act.

 

A motion made by Charles Yellow Fox, Jr. to adopt a resolution urging Congressional delegates to support the reauthorization of the Indian Health Care Improvement Act. Seconded by Joe Fox, Jr. VOTE; 10-0-0. Motion carried.

 

b.)  Boy Scouts of America Charter: L. Jace Killsback presented another resolution for approval to authorize the Tribal President to sign a Boy Scouts of America Charter.

 

A motion made by Matthew Two Moons, Sr., to adopt a resolution to approve a Boy Scouts of America Charter. Seconded by Charles Yellow Fox, Jr. VOTE: 9-0-0. Motion carried.

 

c.) Tribal Scholarship – Tabled, scheduled a Working Session with the Scholarship Committee.

 

Executive Session @ 10:55 a.m.

Exit Executive Session @ 11:15 a.m.

Break @ 11:15 a.m.

Reconvened @ 11:35 a.m.

 

d.) Wireless Communications: Jace presented a resolution to approve an application for Indian Country Economic Development Funds to be submitted to the State of Montana’s Department of Commerce for the Tribe’s wireless telecommunications project.

 

A motion made by Joe Fox, Jr. to adopt a resolution approving the submission of an application for Indian Country Economic Development Funds, to the State of Montana’s Department of Commerce for a wireless telecommunications project. Seconded by Alberta Fisher. VOTE: 10-0-0. Motion carried.

 

Jace presented a resolution to approve an agreement with Turtle Island Communications, Inc. (TICOM) for telecommunication consulting services for the Tribe’s wireless telecommunications project.

 

A motion made by Alberta Fisher to approve a service agreement with Turtle Island Communications, Inc. for consulting services for the Tribe’s Wireless Telecommunications Project. Seconded by Joe Fox, Jr. VOTE: 10-0-0.  Motion carried.

 

e.)  Tax Reimbursement: Jace introduced a resolution that changes the name of the Tribe’s “Per Capita” account to the “State Tax Reimbursement” account. The tribal council. Jace informed the council that the per capita payment is a tax reimbursement and doesn’t come from any royalties of development, casinos, etc., and the resolution would change the name of the account at Wells Fargo. Tribal council member Judith Spang recommended that the Tribal Council study the Tribe’s Oil/Gas Agreement with the State of Montana before any changes are made. Tribal Council member Charles Yellow Fox, Jr. recommended that the 5th whereas in the resolution be omitted as it addresses another previous legislation regarding payout to members residing on the reservation, having nothing to do with the name change proposal.

 

A motion made by Alberta Fisher to change the name of the “Per Capita” account to the “State Tax Reimbursement” account. Seconded by L. Jace Killsback. Vote: 2 yes(Alberta Fisher, L. Jace Killsback) 8 no(Charles Yellow Fox, Jr., Matthew Two Moons, Sr., Alfred Strange Owl, Jr., Joe Fox, Jr., Allen Fisher, Elrena Whitedirt, Judith Spang, Rick Wolfname)-). Motion defeated.

 

f) Inter-Tribal Bison Cooperative: Jace presented a resolution along with a letter from the Interim Executive Director, Mike Fox, of the Inter-tribal Bison Cooperative. The letter addresses the Tribe’s “inactive status” currently, due to the lack of attendance and the non-payment of membership dues, and for this the Tribe stands to lose $70,000.00 that could go to enhancement of the Tribe’s buffalo. Matthew Two Moons, Sr. was the Tribe’s Buffalo project, but did not receive any information.

 

A motion made by Alfred Strange Owl, Jr. to reseind to Tribal Council Resolution No. NCT 150 (05), and to replace Matthew Two Moons, Sr., and concur with the appointment of tribal council member Joe Fox, Jr., as the Tribe’s official representative for the Inter-Tribal Bison Cooperative, and that the 5th Whereas be stricken. Seconded by Charles Yellow Fox, Jr. VOTE: 10-0-0. Motion carried.

 

Council member Judith Spang requested to address the order of the agenda for the record. President Little Coyote stated that he would address her request after the lunch break.

 

Lunch break@ 12:30 pm

Reconvened@ 1:45 pm- President Little Coyote called the meeting to order.

 

Roll Call: Sharlene Evans, Secretary

 

1.   Charles Yellow Fox, Jr.       Present

2.   Matthew Two Moons, Sr.        Present

3.   Alfred Strange Owl, Jr.       Present

4.   Joe Fox, Jr.                    Present

5.   Allen Fisher                         Present

6.   Alberta Fisher                     Present

7.   L. Jace Killsback                 Present

8.   George Standing Elk                  Absent

9.   Elrena Whitedirt                  Present

10.        Judith Spang                        Present

11.        Rick Wolfname, V. Prseident           Absent

12.        Eugene Little Coyote, President      Presiding

 

Quorum: Yes, 9 Present, 2 Absent

 

President Little Coyote opened the floor to discuss the order of the agenda as requested. A brief discussion was held regarding the order of the agenda. Judith Spang stated that there was “consensus that the remaining items on the July 24th agenda be carried forward”, and asked for an explanation as to why Item 9 (Charging Horse Casino Manager Reinstatement Request) was placed on the bottom of today’s agenda. Secretary Evans explained that it is common practice to prioritize government and program business when the agenda is set.

 

Executive Session @ 2:05 pm

Exit Executive @ 2:50 pm

 

#4      Natural Resources- Allen Clubfoot, Sr./ Jason Whiteman:

a)  PP&L Agreement Update: Jason Whiteman informed the council that the agreement with PP&L needs to be revised and updated. Jason stated that the Power Plant in Hardin may be interested in leasing our water, and we may need to develop and agreement. He stated that he would contact Jeanne Whiting.

 

b) Water Marketing Lease: Jason Whiteman of the Tribe’s Natural Resources Department presented a resolution approving an agreement with Tongue and Yellowstone River Irrigation District (T & Y) to lease 500 acre feet of the Tongue River Reservoir for irrigation and for by-pass river maintenance @ $15.00 per acre feet and 1,500 acre feet @ $3.00 per acre feet, for fishery and aquatic purposes from the Tongue River Dam to the 12 mile Diversion Dam. The agreement is with the Tribe and the Tongue and Yellowstone River Irrigation District of Custer County (T & Y).

 

A motion by Matthew Two Moons, Sr., to approve the Water Lease Agreement with Tongue and Yellowstone River Irrigation District of Custer County. Seconded by Joe Fox, Jr. VOTE: 9-0-0. Motion carried.

 

Secretary Evans excused at 3:30 p.m. to complete resolutions due at the BIA today.

Drew Elkshoulder took her place for the remainder of the meeting.

 

#5. Carbon Basin Coal Mine Project MOA – Conrad Fisher, THPO

Conrad Fisher, THOP Officer, presented a resolution for approval to have Tribal Council support a Memorandum of Agreement with Arch of Wyoming, a subsidiary of Arch Coal, Inc., for the Carbon Basin Mine in Carbon County.  It is the responsibility of the Tribal Historic Preservation Officer to protect cultural sites and properties of the Tribe. The agreement puts the Tribe in a position to determine the projects direction.

 

A motion made by L. Jace Killsback to adopt a Memorandum of Agreement with arch of Wyoming for the Carbon Coal Mind Project. Seconded by Allen Fisher. VOTE: 10-0-0. Motion carried

 

#6. Emergency Operations Plan (EOP) – Ernestine Spang

Ernestine Spang presented a resolution for council approving and adopting the Northern Cheyenne Emergency Operations Plan.  Ms. Spang explained that the Tribe will contract with the State to do planning and direct communications.  The purpose, steps, and roles are described in the packet.

 

A motion made by Elrena Whitedirt to adopt the Northern Cheyenne Emergency Operations Plan. Seconded by Joe Fox, Jr. VOTE: 9-0-0. Motion carried.

 

#7. TERO/Transportation – Evelyn Roundstone:

a.) 2% Set Aside of Carryover 2005-2006 – BIA/RMR Division of Transportation Agreement: Evelyn Roundstone presented a resolution to the council for their approval to authorize the set aside of 2% of anticipated fiscal year 2006, approximately $22,309.56 and 2% set aside of Fiscal Year 2005 carryover funds, approximately $22,401.54, to contract with the BIA-RMR Division of Transportation to pursue and conduct transportation planning for the reservation in accordance with the statement of work with the proposal.

 

A motion made by Elrena Whitedirt to adopt a resolution authorizing a 2% set aside on carryover of construction funds award and approving the contract with the BIA-RMR Division of Transportation.  Seconded by Joe Fox, J. VOTE: 9-0-0. Motion carried.

 

#8. Committee Appointments – Pres. Little Coyote

President Little Coyote appointed Bert Medicine Bull to the Scholarship Committee and recommended concurrence from the Council.

 

A motion made by L. Jace Killsback to concur with the Tribal President’s appointment of Bert Medicine Bull to the Tribal Scholarship Committee. Seconded by Alberta Fisher. VOTE: 10-0-0. Motion carried.

 

President Little Coyote appointed Rufus Spear to the Northern Cheyenne Cultural Commission and recommended concurrence from the Council.

 

A motion made by Matthew Two Moons, Sr. to concur with the Tribal President’s appointment of Rufus Spear to the Northern Cheyenne Cultural Commission. Seconded by Charles Yellow Fox, Jr. VOTE: 10-0-0. Motion carried.

 

#9 Charging Horse Casino Manager Reinstatement Request – Charlene Alden-Harold G. Stanton

A brief discussion was held regarding this agenda item.  Agenda Committee member L. Jace Killsback stated that the administrative process be followed and that the Tribal Council hear it and then follow through at the court.  Judith Spang, Agenda Committee member stated that the Agenda Committee voted to place it on the agenda, and the Tribal Council should vote on it as a whole.

 

A motion made by L. Jace Killsback that no action be taken on the Charging Horse Casino reinstatement request.  Seconded by Charles Yellow Fox, Jr. VOTE: 9 yes-2 no (Elrena Whitedirt, Judith Spang)-1 abstention (Vice President Rick Wolfname). Motion carried.

 

PASSED, ADOPTED AND APPROVED by the Northern Cheyenne Tribal Council by 10 votes for passage and adoption and 0 votes against passage and adoption and no abstentions this 21st day of August, 2006.

 

Tribal Report of the Northern Cheyenne Nation (August/September 2006 Vol. I No. 9), page 8.

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