The Breakdown The Bad River Gaming Commission Meeting (June 24, 2010) The Bad River Gaming Commission meeting held on June 24, 2010 was slated for 19 items on the Agenda; 10 items in General Session and 9 items in Executive. There was one item added in General to coincide with item #4 (Annual Performance Report). Meeting called to order. Roll call taken. Vice-Chair Lemieux absent. Council Member Greene absent. Moment of silence observed. Approval of Agenda. Approved as amended. 1) Monthly Financial Report: Report was read as follows;
Casino revenue: $1,261,881.09 Expense: $649,027.29 Net Profit: $602,853.82 Transfers Out: $58,829.93 Retained Earnings: $524,023.89 Accounting: (revenue +$0) (monthly expense -$25,361.06) Bar: (revenue +$21,790.29) (cost of goods -$9,900.03) (monthly expense -$14,383.80) Food Service: (revenue +$88,636.13) (cost of goods -$62,523.30) (monthly expense -$62,941.26) Smoke Shop: (revenue +$55,239.01) (cost of goods -$50,507.72) (monthly expense -$9,634.20) Lodge: (revenue +$44,256.17) (cost of goods -$118.88) (monthly expense -$47,296.31)
Cost of goods: -$122,815.47 Monthly Expense: -$808,643.30 Net Profit: $529,743.94 Transfers Out: $58,829.93 Retained Earnings: $470,914.01 Grocery Store: Revenue: +$93,441.42 Cost of Goods: -$80,068.02 Monthly Expense -$28,001.18 Loss of: -$14,787.82 Transfers In: $28,000.62 Retained Earnings: -$14,816.34
Revenue: +$319,881.42 Cost of Goods: -$319,397.90 Monthly Expense: -$22,609.68 Loss of: -$26,126.16 Question raised by Membership as to why the Gas Station suffered such a huge loss. Chairman stated this could be answered by the Store Manager who is scheduled later on the Agenda. Motion to accept Financial Reports. Motion carries. 2) Monthly Report: Brian Mayotte - Casino Manager stated the month of May was a strong month. Gave a brief summary of this past month’s promotions and entertainment venues. Also touched upon venues in the near future. Manager reported there was a headcount of 29,360 patrons for May. As of late, there has been a stronger concentration on budgeting. In these regards, there has been a firmer stance on centralized purchasing. Management is working on some price changes over at the Store. Also reported there will be some changes involving office space. The new Bar will be opening the first of July (tentatively). There will be tours made available to the public if interested. Also mentioned was the Direct Mailing Promotion, as it will be ending with the month of June. Manager hopes this could be a seasonal item which can be renewed. Board Member raised question about limited term employees (LTE). Wanted to know more about this. Manager stated we currently have 32 LTE on staff which are being utilized in the food service, vault, custodial, lodge, and security departments. These LTE are on staff for generally up to 6 months. It is a way for these temporary employees to ‘get their foot in the door’ so to speak. If they work well they may be given the option of more permanent employment. Board Member concerned about employee incentives and the quality of work performed by LTE if there were no incentives and future involved with limited employment. Board Member asked if this has always been general practice to use LTE. Manager stated this was a cost curbing method to save money and provide cheaper labor. Board reviewed policies and procedures, as there was a question as to accrued leave time and benefits. There was strong Community uproar over the current hiring practices by the Human Resources. Member made reference to the lottery system for hiring. Member requested this to be explained, as our people are still not being hired and she feels this system is flawed, as it seems some Tribal Members are ‘blacklisted’. Board Member stated she has been receiving calls from concerned citizens about current hiring procedures. Motion made to view the Casino Hire List. Motion carries. Asst. HR manager directed to go get the list and provide copies for the Board. Casino Manager continued on with his monthly report. Reported management is currently working on new marketing strategies involving our signs and marquee. Currently taking photos for flyers and a new marketing endeavor. Looking into possible television commercials if they are cost effective. Currently doing market surveys and working on gas promos. Also reported they are working on preparation for our upcoming annual Pow-Wow. Manager mentioned the job posting for a restaurant manager and marketing director. Mr. Mayotte also stated the Casino is looking for any historical photos from the Community which display an outdoor theme; the lake, falls, etc. For use in the new Bar and Lounge. Stated the gas prices are down so this may increase tourist traffic and bring more business in. Manager is looking forward to a good busy season and projects a good year ahead. Board Member wanted to know why the HR Manager job was never posted, as this was Council directive to do so at the March 3 meeting. Board Member would like to make a motion to reaffirm the Council’s previous motion. Chairman argued the motion and contended his reasoning behind the non-postment. Chairman’s stance is we have a budgeting process being dealt with and very little money to work with. Board Member reminded the Chairman the Council held a vote and it was a directive to post the HR job. Board Member seconded the motion on the floor and explained it is only because the Council already made this motion and it wasn‘t followed. Chairman reiterated his explanation to the Board Member. Secretary Ford explained to the Chairman, “there is already a motion made by Council and it stands unless the Council withdraws that motion, but it was never done, you did that yourself.” The Tribal Attorney advised that the Council made a directive and it was never rescinded, so it still stands. Tribal Member stated this was a Council directive so someone was derelictive in their duty. Chairman stated that depends if you’re looking at it from a budgetary perspective. Stated back in March there wasn’t a budget process taking place and he wasn’t hearing the type of passionate display of advocacy he’s hearing tonight from the Council on the posting of this position and if the Council chooses to post the job, he doesn’t have a problem with it. Board Member stated she received a phone call about a certain person not being able to get on the Hire List, even after several applications. Board requested Asst. HR manager to explain the process after an application is handed in. Mr. White explained that applications get sent to the background investigator for processing. Further stated things may have gone wrong on that side. Member stated he was in fact the person mentioned. Member went on to say he filled out an application and handed it directly to the background investigator’s office. Further stated he has also filled out several applications and averages about two per month, with no record of any of them being turned in for the past two years. Member felt this was very strange, as he even handed his applications to Mr. White personally. The Asst. HR could give no answer. Asst. HR explained the hiring process was put together to fill the needs of the Casino. The process is very intensive and costly. HR spoke of the random lottery system and its implementation in the hiring process, but didn’t delve into the specifics. 86% of hired employees have been Tribal Members, 14% has been non-members. Discussion on the lottery system protocol involving employees which have been terminated and the length of the duration before being added to the lottery. Typically the waiting time is 4 months from termination. Tribal Member stated he has handed in at least two applications per month for the past 2 years and finds it hard to believe not one has made it back to the background investigator. Also stated according to his notes taken at a previous meeting, the lottery system is only being implemented on ’some key positions’. Pointed out this statement is totally contradictory to what is being said tonight. Member further stated the management speaks about the needs of the Casino and questioned what’s being done about the needs of our Nation. Member requested implementation of a temporary freeze of all non-member applicants in efforts to get our people to work. Chairman stated the employment statistics of hiring our own people speaks for itself (86%). Tribal Member stated even with these statistics, if even one non-member is hired before our own Membership, it is ‘a slap in the face.’ Asst. HR stated the random lottery system is indeed at the discretion of Casino management. Tribal Member stated then the system is still flawed. Chairman instructed Mr. White for a more stringent effort to implement this strategy instead of leaving it up to a discretionary call. Furthermore, some sort of acknowledgement to let our Membership applicants know where they stand in the hiring process would be appropriate in these regards. Member wanted an update about the RV park. Wanted to know if these services are free. Member also felt very strongly against providing these services with no charge. Further stated some form of discount could be administered if the customers spent a certain amount of money, this could possibly be tracked through the Player’s Club Card. Management stated they are looking into this situation. Motion to accept the Monthly Report. Motion carries. 3) Monthly Report: Joe Bates - Store Manager reported it has been a very good month for the Store. He professed his excitement in working with the employees. Stated they have some good ideas for change and also some really great marketing ideas. Mr. Bates reported he has worked on budgets and proposals for 2010. Reported both the C-Store and Grocery Store budgets will be up for review next week. Also working on the price structuring to ensure proper prices are being implemented. Manager stated he is working with the Casino Gift Shop in structuring a centralized buying system in regard to cigarettes. He has spoken with cigarette supplier and worked out a discount plan with the sale of large volume purchases. Management is also currently reviewing and processing inventory taking proposals. These proposed vendors (North Star Inventory service, RGIS) will be up for review at the next Gaming Commission Meeting. Looking at doing annual inventories and also quarterly inventories so we can develop a better policy for inventory taking. Management is also working on the special discount promotion change. Starting July 1, new Thursday courtesy discount will be 10 percent. Also have increased Store hours. Mon-Sat now open from 8am-9pm, Sundays open from 8am-8pm. Also touched base on marketing. In-house flyers were mentioned along with possible future E-mail distributions to various administrative offices. Chairman Wiggins brought forth a standing question from the Membership in regard to our Gas Station losses. Management explained this was in fact, due to some pricing issues. Management said the problem could be addressed by implementing better pricing policies, which are currently being worked on. Tribal Member wanted a more specific answer as to the Gas Station losses. Mr. Bates explained the gas pricing is ‘volatile’ and the gas price fluctuates very rapidly from a daily basis. Stated this has to be monitored closely with the idea of remaining competitive yet generating revenue. Further stated he gets price change reports on a daily basis and they are reviewed daily. Tribal Member questioned our BP contract. Member felt very strongly opposed in doing business with BP and feels we should end our contract and divorce our business ties with BP in light of the recent environmental devastation this company caused. Member felt as Native Americans, we should take a firm stance in not supporting this company. Management stated as far as the legalities of this contract, he does not have an answer at this time and he would have to direct that to the Legal Department. Further stated we were under contract with Conoco but BP has assumed this contract since BP has bought out Conoco. Tribal Member called for a legal review of our contract and asked that we switch our companies as soon as possible. Chairman Wiggins commented concerns over the negative environmental impact created by this company and directed management to review our contract and see our status. Chairman asked for a status in regard to internal controls at the Store. Management stated there are some changes being made to our internal policies. This is a work in progress, however big changes just can’t happen all at once. Also these changes are being met with good reception with our current Store staff. Motion to accept Monthly Report. Motion carries. 4) Indian Housing Plan, Annual Performance Report: Paul Hackerson - Reviewed proposed annual plan for the current fiscal year. Discussed the ramifications and impact the proposed plan will have on our Nation. Discussed some Council questions about the plan. Question raised as to the Boys & Girls Club contribution. It was explained this was line itemed under ’Community Service’. Discussion on the totals of these contributions. Community Services received $169,734, of that $5,880 went directly to the Boys & Girls Club. $21,500 went to our Community House, which is used for general operations. Some concern raised as to doing the Budget as its in already motion.The ‘Green Project” was discussed briefly. This project currently involves 18 units. Also looking into rehabbing an additional 24 units. The estimated completion date for this project is next spring. It is projected that the project may be completed anywhere from 60-90 days early. Mr. Hackerson stated ‘we don’t have a lot of money, but we do have some seed money’ we could use to create additional revenue. Some of this ‘seed money’ may be used for home ownership projects. Once we have our physical needs assessment on file, we can build on that to create more for our Community (program training, entertainment concepts, go-cart tracks, education & job skills for our youth). There was question raised by Council in regard to the ‘Transitional Housing’ (the modular unit purchased in Aspen acres for the Domestic Abuse Shelter). It was stated that non-program monies were used for this purchase. The shelter in Aspen Acres replaces the old idea of utilizing the ‘Wake House’ for this program. There already has been a 50% down payment on the modular unit. Mr. Hackerson stated he had to restructure HASDA funds to meet this payment. Council raised issue with our Nation’s ‘overcrowded and under housed’ conditions. Mr. Hackerson stated that getting reliable and accurate data from our Community is almost impossible because there is a ‘secretive aspect’ in regard to our citizens divulging information to our government census workers. Further stated in order for our Nation to get proper funding we need full disclosure of information from our Community. Council Member Connors raised concern as to nondisclosure of information in regard to our funding sources. Stated that tax credit & ARRA monies were not identified. Council Member wanted to know the reasoning behind this nondisclosure. Mr. Hackerson stated these are separate issues and it was his firm stance these funding sources did not meet disclosure requirements. Mr. Hackerson further stated the deadline is Wednesday so he needs approval tonight. Chairman Wiggins also questioned Mr. Hackerson about this issue of nondisclosure. Mr. Hackerson remained firm in his stance and reiterated previous statement of reasoning. Council Member Connors is not comfortable with this issue. Mr. Hackerson reaffirmed his stance and advised Council this move will not affect us. Chairman Wiggins instructed Mr. Hackerson to present this next year in a timely manner so our Council can review and add input properly. Mr. Hackerson projects no problems with this for the upcoming year. Motion to approve authorization for Chairman’s signatory for IHP. Motion carries. Motion to approve the APR with one amendment in regard to date discrepancies. Motion carries. 5) One Year Raffle Permit: Barb Bell - American Legion seeking Council approval to conduct charitable raffles throughout the year. Motion to approve request starting on tonight’s date and ending one year from tonight. Motion carries. Side Note: Chairman Wiggins announced there will be a Veteran’s Honor Wall at Indian summer. They are currently seeking historical photographs of our Nation’s Veteran’s to be honored and acknowledged on the Honor Wall. 6) Tribal Transit Program Resolution: Hope Miller - Looking for Council resolution to allow submittal of annual grant (5311 Grant). This is a supplemental grant which will be utilized to purchase a new handicapped van. Tribal Member questioned why we continue to have a partnership with BART, when we can do this on our own. Further stated according to administrative rules we are eligible, as this is based on population criteria of 2,500, which we pass, as our Community is a ‘unique composition‘. Mr. Hartlev advised he will look into this matter and report back. Authorization to submit grant application to DOT. Resolution read and passed. 7) Bid Selection 3 Road Construction Projects: Ben Connors - Seeking Council Approval to Accept Mr. Connors contractor recommendations. In regard to the Old Odanah Roads Culvert Project, Mr. Connors recommendation is Jolma Construction. Council Member Connors advised future contracts should contain some form of liability assumptions. Stated the roads used to get to the project site should not be damaged or left in disrepair. This was duly noted by Mr. Connors. Motion to approve Jolma Construction. Motion carries. Ackley, Macdonald, and Kegerville; recommendation is Northwoods. Motion to accept Northwoods. Motion carries. Chip Sealing & Signs Bid; recommendation is Scott Construction Co. Motion made to accept recommendation. Motion carries. 8) Health & Wellness Center Contract Dispute Resolution: Erick Arnold - Looking to pass some form of dispute resolution plan to ensure proper enforcement should a dispute arise. The proposed plan would utilize our own tribal court mechanisms. However the way the proposed contract is set up, it would allow a third party entity to enforce the resolution. Membership was very adamant about the waiver of our sovereign immunity in any way. It was the general consensus of the Council that there will be zero waiver. Tribal Member informed the Secretary in his notes, these same contractors promised zero waiver of sovereign immunity at the last meeting. Further stated the whole reason behind us not utilizing tax credit funding through housing was the waiver of our immunity. Chairman Wiggins instructed the Tribal Attorney there would be no action on this matter and its time to get back to the negotiation table’. 9) Approval of 2010 Consolidated Tribal Budget: Ken Nemec - Mr. Nemec presented the proposed budget for Council review. He did address some modifications which were made during the last review. Adjusted known intercepts from the state due to non-payment of unemployment. IRS 941 non-payments were in the third quarter (2009) and the fourth quarter in January. Also adjusted the IDC salaries. The administrative secretary was adjusted back up to 2,080 hours. Also added the projected shortfall for the year. Mr. Nemec stated he got the shortfall figures from Midwest Professionals and used that to formulate his figures. The Fire Department, although it did not change in the overall dollar amounts, it was adjusted to reflect the Space Cost. Also adjusted fringe benefits to reflect some staff changes. Mr. Nemec raised concern over some departments not paying Space Cost in the past. Also reported Accounting was working on the 2011 Budget and were asserting a more stringent approach in the collection of Space Cost payments. Mr. Nemec stated he has received notice from the IRS in regard to the non-payment of the 941’s (UEI). Which in turn, there is interest accruing and we are being penalized. Mr. Nemec did incorporate this into the budget which totals $32,160, however this figure does not include the missed third/fourth quarter payments. Mr. Nemec is asking for this amount to make payment to Unemployment. Further stated the state is willing to forgive some of these penalties if we make our payments accordingly (if we have documented justification as to why it happened and follow corrective action). Mr. Nemec referenced his adjustment packet and stated the adjustments were highlighted within this packet, The total amount for the budget on the general side is $5,128,136. Mr. Nemec stated there are some recoverable monies out there such as the 941 payments and also programs we have yet to be reimburse from, however this dollar amount cannot be determined at this time. Mr. Nemec stated he has been working with the programs to achieve the absolute ‘nitty gritty’ needs of programs. Council Member Connors inquired as to where GLIFWC is in the budget. Mr. Nemec explained that it is reflected in the Space Cost and in the shortfall at the Chief Blackbird Center. Council Member Connors wanted more information. He will stop by the Accounting office and view the information requested. Chairman Wiggins announced an open book policy. The Financials will be made available for public viewing by our citizens. The books will be available in the library starting tomorrow. The monthly financials will also be posted as they become available. Tutorial sheets on how to read the financials will be readily available. Some personnel info will be censored however. The audits will also be displayed for public viewing. Council Member reminded the Chairman of the standing motion in regard to the HR manager for the Casino. Chairman asked for motion to rescind the motion made by Council on March 3. No motion made. Mr. Nemec stated he would like to see this position passed, has there is plenty of room to budget this position in. It is the Chairman’s stance to save money by not posting the HR manager job. His remedy would be the HR manager from the administrative government level can oversee the HR department at the Casino. Tribal Member advised the Chairman this was a very ill idea because that would be mixing government and business. The HR manager would be paid from our government side for performing duties on our business side. Chairman advocated there could be two rates of pay then. Motion to table the budget failed. No second. Motion dead. Council Member reminded the Chairman the Council voted and gave directive to post for this job and it wasn’t followed. Tribal Member stated the Executive Director failed in his duty and disregarded Council action. Chairman Wiggins stated the Council didn’t seem as passionate when they made the motion. Motion to approve the 2010 Budget with the addition of a HR Manager for the Casino. Motion carries. 10) Space Allocation Plan: Ken Nemec - Presented the space plan. Discussed the new 10% ‘capital outlay‘. Some concern raised as to these charge increases. Concern that the program’s services will suffer, as there will be a lacking in funds. It was explained this plan was just a way to help our budgeting process by determining real figures. Also in turn, the programs have a basis for new monies, grants, etc. Right now we’re still working with Space Cost figures from 2005. Mr. Nemec also addressed building maintenance needs. Stated we could add a $15 dollar an hour maintenance position by a small increase in square footage. Chairman stated we are not going to talk about this issue at this time. Motion to approve the Space Cost Allocation Plan. Motion carries. The meeting went into Executive around 11 PM. |
| BRANews would like to invite our citizen readers to submit outdoor themed photographs which display our beautiful Reservation. We will be displaying these photos throughout the summer months as an homage to our homeland's unique pristine beauty. We ask that all photographs be in JPEG format. Please send a brief descpription with your photo and send them to: webmaster@badriveranishina benews.com We look forward to your participation, Miigwetch in advance! |
When you are in doubt, be still, and wait... when doubt no longer exists for you, then go forward with courage. So long as mists envelop you, be still... Be still until the sunlight pours through and dispels the mists, as it surely will. Then act with courage. |
| ac·count·a·bil·i·ty [uh-koun-tuh-bil-i-tee] the acknowledgment and assumption of responsibility for actions, products, decisions, and policies including the administration, governance, and implementation within the scope of the role or employment position and encompassing the obligation to report, explain and be answerable for resulting consequences. |
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This website is dedicated to the people of Bad River. We must honor and preserve our past, present, and future; Only with knowledge can we achieve. |
| Recent Stories Police Chief Meets With Feds The Rundown (June 2) 2007 & 2008 Audits Changing A Nation ZZZZZero Tolerance BP Oil Contract Walk The Line |
| Transparency \Trans*par'en*cy\ a general quality. It is implemented by a set of policies, practices and procedures that allow citizens to have accessibility, usability, informativeness, understandability and auditability of information and process held by centers of authority (society or organizations) |
| De·moc·ra·cy [Dih-mok-ruh-see] 1. government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system. 2. a state of society characterized by formal equality of rights and privileges. |
| On a recent trip to Waverly Beach we had fun BRANews style... |
The Rundown
Bad River Tribal Council Meeting July 14, 2010
The regularly scheduled Bad River Tribal Council Meeting held on July 14, was slated
for 22 items on the Agenda; 16 items in Regular Session and 6 items in executive. Item
#15) Financial Services Refinancing Resolution was stricken. Added to Regular
Session was the Mill & Overlay Project (#17). Agenda item (#5) Summer Youth
Personnel issues, has been rescheduled to the Gaming Commission Meeting. Also
tonight’s Executive Session will be recessed and heard tomorrow evening.
Roll Call taken. All seven Council Members present.
Moment of Silence observed.
Financial Reports were tabled.
Minutes were reviewed and corrections discussed. Minutes approved.
Monthly Reports: Monthly Reports were reviewed. Ken Nemec (Accounting) and
Erick Arnold’s (Attorney) reports were unavailable. Tribal operations Manager relayed
some concerns to Tribal Council in regard to misdirection, being told one thing and
then directed to do another, etc.
Agenda approved as amended.
Chairman’s Remarks: Chairman Wiggins addressed the Nation on various topics.
Chairman gave a brief summary of the GLITC meeting. Also touched upon D.O.T
TERO/Employment issues. The paving on Government, Ackley, Kagerville, and
McDonald Roads were discussed. Also gave a brief recap of the Tribal Council’s recent
tour of the Lac Du Flambeau Medical Center. Chairman Wiggins also gave an update
on our current negotiations with SMDC in the debt of $1.2 million which $232,000 was
negotiated down. Also stated MMC is unwilling to negotiate our old debt of
approximately $500,000. As it was explained, the bills weren’t being paid and accrued
because our records are a mess from our clinic fire and currently there are unpaid bills
still being found in boxes. In these regards, Chairman Wiggins spoke of a possible
future meeting with Community Health Services on the topic of ’Debt & Accounting’ for
our people to have a ’Q&A’.
5 Minutes:
* Community Member raised concerns about our billing practices. Also raised
concerns about speed limits in the area of Casino & IGA in regard to the D.O.T.
Walking Trail. Tonight’s Sea Lamprey Presentation was also brought up. Member was
concerned about the chemical applications and mercury contamination. Member urged
Council to think very carefully before approving this proposal.
* The topic of forming a Land Committee was again brought before Tribal Council.
The Judgment Fund Committee was also discussed. Coordinator being a salaried
position was brought up. Member also professed concern as to the shambled state of
our Cemetery.
* Land Committee was again brought up as Member made references to various
instances of illegal sales of Indian lands and the need for such a Committee in regard
to title searches.
* Brief discussion on the Cobell case in reference to land issues.
* Member brought up the Judgment Fund. Raised issue as to how our monies are
being spent. Gave direct reference to incidents involving dinners at ’The steak Pit’
attended by Fund Coordinator, Administration, Council, & their families. The need for a
Land Committee was again expressed. Member demanded Council action. Chairman
reassured the Community he will have more info & research available at the next Tribal
Council Meeting.
* Community once again professed the need for a Business Committee. Stated there
have been obvious delays in Council actions historically. Also expressed the need for
another Grant Writer. M.A. Billing was also discussed. Also discussed were Tribe-wide
employee wages, low wages for some, while other’s were high. Tribal Operations
Manager stated our Tribal wage rate will soon be addressed, also noted there is a
Community Developer in future plans.
Council recessed for a short 5 minute break.
Regular Session:
1.) Wisconsin Native Youth Tobacco Survey Results: Theresa Barber - Council
was presented with survey results for review and discussion. Mrs. Barber spoke about
the dangers of second hand smoke and expressed concern for government action on
the topic of a Tribe-wide non-smoking ordinance. Stated the ordinance should also
include our Casino, Convention Center, and Lodge. Chairman mentioned the survey
information would be a good topic of conversation and would be shared at the next
Prevention Coalition Meeting. Tribal Member requested if the data could be shared with
our Education Committee as he was concerned about communication between the
schools. Chairman stated the information chain goes through our J.O.M. from the
Education Committee to the School Board. Also on the subject of communication, the
Education Committee will start submitting minutes to the School Board.
*Chairman’s Side Note: Our J.O.M. Committee currently petitioning the Ashland
School Board to submit to the School District Clerk for placement on the Agenda for the
August meeting (second Monday). At this time we are looking for 100 signatures. Also
looking to bus our citizens to that meeting for Community-wide support by show of
hands when the vote is called. This will enable us to collectively regain an apportioned
seat. This will give us representation of the Town of Sanborn so our voice and
concerns are met with an equal representation.
2.) Integrated Management Plan for Controlling Sea Lamprey in Bad River: Tim
Wilson/Mike Fodale: - Tribal Council was presented with a management plan which
addressed the control of the sea lamprey population through the administered
treatments of a lampricide agent known as TFM. Only looking to present the proposed
plan tonight, not looking for any Council action or approval. Several pertinent opposing
points were weighed tonight. Community is concerned about the short term and long
lasting effects this chemical agent will have in regard to citizen consumption,
environmental impacts, water quality, inadvertent endangerment of our various native
species. Community also strongly advocated the need for a less environmentally
hazardous alternative approach to control this invasive species. Presenters stated
there are some casualties regarding native organisms; mussels, salmon, sturgeon.
Presenters also gave answer to direct concern regarding our Bald Eagle. Presenter
stated the lampricide agent does affect the number of hatchlings after the first year of
the TFM application (don’t produce as many). However after the initial decline, there is
a slight resurgence in production. On the topic of toxicity, reference was made to
exhaustive testing of various lampricide agents back in the 1950’s, where TFM was
found to be the most effective and the safest. Presented also stated this is the third
year of testing in regard to pheromones another possible alternative. Staying on topic
of alternate methods, possible weir system was mentioned. This weir method was
originally turned down by Membership as the Community felt this would affect our river
usability for fishing purposes. Their was a brief mention at one time of an inflatable
weir, but it was abandoned to feasibility issues. Chairman Wiggins requested more
information in regard to dietary consumption of agent exposed fish and would also like
to see some data on the surrounding tributaries.
3.) Clinic Issues: Deb Tutor - Mrs. Tutor presented several points of concern before
Tribal Council. First and foremost, a resolution is needed to approve last year’s
budget. This resolution is vital as it is needed in order to receive IHS funding. Budget
submitted for Council review. Budget for the 2010 fiscal year also submitted for Council
review and comment. It is approximately $8,000 dollars more. $200,000 has been
earmarked for startup seed money for our dental care. We were also able to free up
additional monies for our pharmaceuticals. There was a Community concern in regard
to Optical care. Mrs. Tutor addressed this need with a budget increase for optical
funds. If our optical funds surpassed the budgeted funding, we would have the ability to
utilize some monies from Contract Health. This marks the very first year our Clinic
Administrator has done the IHS Budget. $40,000 has been budgeted for Optical, this is
about a $5,000 increase over last year. This year, $125,000 has been budgeted for
our Dental ($15,000 had been the previously budgeted norm). There is zero funds
available for Diabetes. However, no diabetic will be turned away for optical care, as this
has been rumored in the past. Mrs. Tutor stated, historically there has been a lack of
budget enforcement. The previous Budgets do not depict the actual monies spent.
With that respect, when the Budgets are drafted and an allotted monetary amount is
passed, our historic trend has been to spend in excess with disregard for the
budgetary process, thus defeating any real accounting of monies spent. This has
ultimately led to our long standing practice of operating on priority 1. Mrs. Tutor has
taken measures to end this practice by drafting our new Budget extensively and
professes the accounting of every penny. Resolution to approve 2010 IHS Budget read
and passed.
Tribal Member asked if Tobacco Survey information could be utilized to facilitate more
funding for our Tribe. Mrs. Tutor stated she does not have enough time to pursue
these monies as she is overwhelmed with work already. Mrs. Tutor did however
mention the responsibility could perhaps fall on the shoulders of the Department Heads.
Resolution to approve 2009 Budget read and passed.
Mrs. Tutor presented the possibility of providing clinic services to non-members,
especially Tribal employees with our health insurance, or spouses of Tribal Members.
Stated we already are currently treating some members of other tribes. A heated
debate ensued about clinic wait times and prioritizing Tribal Membership vs. Non-
members. Also a brief discussion on the waiver of non-member co-pay.
Tonight Mrs. Tutor would also like to address the topic of patient no-shows for clinic
appointments. Looking for Council support in enforcing a policy to allay this problem.
Discussion on parameters and circumstances involving no-shows. A no-show will be
applicable when a patient does not cancel an appointment. Children will not be
penalized as this policy does not include children. Three no-shows within a thirty day
period will result in enforcement of policy. The period of enforcement will be thirty days
from third offense, during which time the patient will only be seen on a walk-in basis.
Council has instructed staff to make mandated courtesy calls to patients.
Mrs. Tutor also identified communication problems. Stated there currently is no
consistent way to get information out to the Community. Discussion involving possible
ways to get this information out; Newspapers, Daily Press, LCO Times, patient
handouts. Chairman Wiggins also mentioned the Tribal Website that is in the works for
the very near future.
Looking to get our Dental going. Dental has been budgeted for the year ($125,000).
Equipment cost will be taken out of Clinic startup money. We have 4 dentists highly
interested in working with us. This is very time sensitive, they want to start now. We
could possibly be ready as early as December.
Also looking for Council support for Duluth Clinic enforcement of our no purchase
order, no service policy for scheduled appointments.
Currently looking for proposals to put the Medicare D Plan finally into play.
Mrs. Tutor also addressed some pharmacy issues. Stated Huhns Pharmacy is
changing ownership. These changes will be full force by the end of August. Looking
into possible business partership with Walgreens or Walmart. Question raised by
Chairman as to whether RFP Procurement Policies would be applicable here.
Instructed by Chairman Wiggins to researched this matter with Tribal Attorney.
Motion to support these points of concern. Motion carries.
4.) Ricing Committee: Erick Arnold; Tim Wilson; Erv Soulier - Looking to
approve the formation of the Ricing Committee. Chairman stated this system isn’t
flawed as it has worked real well in the past. Also gave recommendations in order to
expedite the process. The Chairman’s own recommendations are; V. Neveaux, H.
Butler, M. Denomie, E. Plucinski, S. Plucinski, M. Burns Sr, B. Powless, D. Jackson,
and Vice-Chairman Lemieux (serve as Council Liason). Short discussion on the
operational process of the committee. There are no by-laws. Committee generally
consists of Elders, with the exception of a few in the past. Committee Members are
typically paid a $20 stipend per boat trip. Motion to delegate authority for this year.
Motion carries.
5.) USEPA Funding Proposal: Tribal Capacity for Lake-Wide Basin Programs:
Jason Ritter - This plan will enable us collaborate along side the United States and
Canada to form a lake-wide management plan for Lake Superior. This plan would
include but not limited to policing aquatic invasive species, mining, chemicals, etc.
Motion to approve submittal. Motion carries. There was a heated debate as Tribal
members felt it was an unconstitutional approach in regard to the way this particular
presentation was carried. Only after Resolution was read and passed was there an
explanation offered to the Community as to exactly what this particular presentation
was about. Membership felt very opposed to handling our presentations and resolve in
this fashion, as it was stated this practice takes the Membership’s right to audit away.
6.) Food Distribution Budget request: Milisa Corbine - The Budget for fiscal year
2011 was presented to Council for review and approval. The topic of 25% matching
funds came up. This match isn’t necessarily a full monetary contribution, this could be
in the form of facility charges, services, etc. There is a clause that states if the Tribe
gives full divulgence of financial information, there can be a waiver of contribution. The
Budget has been submitted to Accounting since June 15. Resolution to approve budget
read and passed.
7.) Underage Drinking Ordinance: Joann Barylski; Erick Arnold - Looking for
Council support to pass an ordinance prohibiting the consumption of alcohol for people
under the age of 21. Mrs. Baryski referenced alleged incidences of underage alcohol
consumption at our Community Center. Stated it was impossible to fathom every single
minor in attendance was accompanied by a parent/legal guardian. Stated authorities
currently do not have an ordinance to empower them to prohibit this behavior. Stated
their were incidences of minors drinking themselves sick and urinating themselves at
seven different graduation parties. Would like to see Council enact proposed
ordinance which we could enforce through our Tribal Courts; forfeitures, community
service, imprisonment. There was a brief discussion as to the interpretation of tribal
ordinance vs. State ordinance. Chairman stated we must approach enacting
ordinances that may conflict with the state’s interpretation with caution and gave a
hypothetical instance which provided an example of ramification. Membership was
concerned as to how our courts will enforce these sentences handed down, as
currently there are already enforcement problems involving our laws and court system.
Chairman Wiggins thanked presenter for her passionate approach and invited Mrs.
Barylski back next month to present more information and research on this topic.
8.) Clinic Fire: Erick Arnold; Denise Gilles, Jackie Rose - Presenters offered a
brief update in regard to the clinic fire insurance claim settlement. We were able to get
some additional figures amended to our insurance claim which actually turned out to be
a substantial amount of unclaimed money through the pharmaceutical portion of the
adjustment, which was not originally reported. Initially we were offered a settlement in
the amount of $342,000. However, at that time we decided to research and investigate
through inventory if everything had indeed been captured. In analyzing this data with
due diligence, Mrs. Tutor and Mrs. Gilles were able to increase this settlement offer.
Upon finalizing the claims settlement, we would receive approximately $195,883 and
then after we send payment out on the new clinic, we will receive $320,377. We have
received a payment in June of 2007 in the amount of $677,527 and a secondary
payment of $250,000 in September of 2006. Not all of this money was spent. Some has
funded our temporary modular clinic, pharmaceuticals, and some renovations for our
pharmacy. We need a formal letter of acceptance with letterhead in order to finalize.
Management is confident we have exhausted all possible additional monies. Motion to
accept settlement offer. Motion carries.
9.) Elderly By-Laws: Charlie Wiggins - Elderly Advisory Committee presented
amended By-Laws for Council review and approval. Explained revisions made. Short
discussion on term limitations. Powers and duties of officers were discussed and
explained briefly in regard to the secretary submitting minutes to Tribal Council. Also a
brief discussion on the Budget. Motion to accept amended by-laws. Motion carries.
10.) Elderly Center Use Policy: Charlie Wiggins - This has been a long standing
discussion by Elders during several of their meetings. Tonight Elderly Committee is
looking for Council approval for Elderly oversight (authority) in regard to usage of the
Elder Center. In this proposed usage policy it covers; usage of equipment and facility.
This policy will ensure there will be no hindrance of Elderly programs and functions.
The ultimate decision will be made by the Aging Director who will be acting on the will of
the Elderly Committee. Motion to adopt Usage Policy. Motion carries.
11.) Housing BIA Modification Resolutions: Paul Arbuckle - Tabled until
tomorrow night’s Special Executive Session Meeting because there was issue raised as
to changes made on the lease documents. Council would like to review these changes
accordingly. Also check if there are already previous Resolutions in regard to these
leases.
12.) Drum Group: Jan Madosh Smart - 45 people are interested in making a
spiritual pilgrimage to Kansas, Nebraska. Seeking funding from Tribe to help with the
cost of food, lodging and gas. Brief discussion on the logistical challenges involved with
getting a confirmed budget in place. The high end figure would be approximately
$10,000, while the considerably lower end would be roughly $4,000. A brief summary of
the history surrounding this journey was discussed and a letter to Council from the
Drum Group was read. Motion to approve $5,000 with a $1,000 contingency. Motion
carries.
*Side Note: Community gift drop off point will be with Barb Smart at the Chief BlackBird
Center.
13.) Leases: Marge Lemieux - Leases were reviewed and approved.
14.) Health & Wellness Center Contract follow-Up: Erick Arnold - Last month
Council was presented with a standard AIA dispute resolution agreement. At that time
there was a limited waiver of sovereign immunity involved with the enforcement portion
of proposed agreement. It was our firm stance there will be zero waiver and the
protection of tribal assets is key. After going back to the negotiation table, Shingobee
Builders guaranteed and agreed there would be no waiver involved in our dispute
resolution. The dispute resolution centers around the idea of resolving disputes without
legal disputes. Motion to approve Resolution. Motion carries.
15.) Approval of New Positions : Cheryl Cloud Westland - 2 Seasonal Roads
Laborers (ARRA Funds): Motion to approve positions. Motion carries.
3 Domestic Violence Program Shelter Positions: Motion to table positions. Motion
carries.
16.) WI D.O.T. Mill & Overlay: Erick Arnold - This item has been tabled by Council
due to the need for more research in regard to contract clauses. Tribal Operations
Manager will work alongside Tribal Attorney with this research and report back to
Council during tomorrow night’s Executive Session.
Meeting recessed around 2 am.
Bad River Tribal Council Meeting July 14, 2010
The regularly scheduled Bad River Tribal Council Meeting held on July 14, was slated
for 22 items on the Agenda; 16 items in Regular Session and 6 items in executive. Item
#15) Financial Services Refinancing Resolution was stricken. Added to Regular
Session was the Mill & Overlay Project (#17). Agenda item (#5) Summer Youth
Personnel issues, has been rescheduled to the Gaming Commission Meeting. Also
tonight’s Executive Session will be recessed and heard tomorrow evening.
Roll Call taken. All seven Council Members present.
Moment of Silence observed.
Financial Reports were tabled.
Minutes were reviewed and corrections discussed. Minutes approved.
Monthly Reports: Monthly Reports were reviewed. Ken Nemec (Accounting) and
Erick Arnold’s (Attorney) reports were unavailable. Tribal operations Manager relayed
some concerns to Tribal Council in regard to misdirection, being told one thing and
then directed to do another, etc.
Agenda approved as amended.
Chairman’s Remarks: Chairman Wiggins addressed the Nation on various topics.
Chairman gave a brief summary of the GLITC meeting. Also touched upon D.O.T
TERO/Employment issues. The paving on Government, Ackley, Kagerville, and
McDonald Roads were discussed. Also gave a brief recap of the Tribal Council’s recent
tour of the Lac Du Flambeau Medical Center. Chairman Wiggins also gave an update
on our current negotiations with SMDC in the debt of $1.2 million which $232,000 was
negotiated down. Also stated MMC is unwilling to negotiate our old debt of
approximately $500,000. As it was explained, the bills weren’t being paid and accrued
because our records are a mess from our clinic fire and currently there are unpaid bills
still being found in boxes. In these regards, Chairman Wiggins spoke of a possible
future meeting with Community Health Services on the topic of ’Debt & Accounting’ for
our people to have a ’Q&A’.
5 Minutes:
* Community Member raised concerns about our billing practices. Also raised
concerns about speed limits in the area of Casino & IGA in regard to the D.O.T.
Walking Trail. Tonight’s Sea Lamprey Presentation was also brought up. Member was
concerned about the chemical applications and mercury contamination. Member urged
Council to think very carefully before approving this proposal.
* The topic of forming a Land Committee was again brought before Tribal Council.
The Judgment Fund Committee was also discussed. Coordinator being a salaried
position was brought up. Member also professed concern as to the shambled state of
our Cemetery.
* Land Committee was again brought up as Member made references to various
instances of illegal sales of Indian lands and the need for such a Committee in regard
to title searches.
* Brief discussion on the Cobell case in reference to land issues.
* Member brought up the Judgment Fund. Raised issue as to how our monies are
being spent. Gave direct reference to incidents involving dinners at ’The steak Pit’
attended by Fund Coordinator, Administration, Council, & their families. The need for a
Land Committee was again expressed. Member demanded Council action. Chairman
reassured the Community he will have more info & research available at the next Tribal
Council Meeting.
* Community once again professed the need for a Business Committee. Stated there
have been obvious delays in Council actions historically. Also expressed the need for
another Grant Writer. M.A. Billing was also discussed. Also discussed were Tribe-wide
employee wages, low wages for some, while other’s were high. Tribal Operations
Manager stated our Tribal wage rate will soon be addressed, also noted there is a
Community Developer in future plans.
Council recessed for a short 5 minute break.
Regular Session:
1.) Wisconsin Native Youth Tobacco Survey Results: Theresa Barber - Council
was presented with survey results for review and discussion. Mrs. Barber spoke about
the dangers of second hand smoke and expressed concern for government action on
the topic of a Tribe-wide non-smoking ordinance. Stated the ordinance should also
include our Casino, Convention Center, and Lodge. Chairman mentioned the survey
information would be a good topic of conversation and would be shared at the next
Prevention Coalition Meeting. Tribal Member requested if the data could be shared with
our Education Committee as he was concerned about communication between the
schools. Chairman stated the information chain goes through our J.O.M. from the
Education Committee to the School Board. Also on the subject of communication, the
Education Committee will start submitting minutes to the School Board.
*Chairman’s Side Note: Our J.O.M. Committee currently petitioning the Ashland
School Board to submit to the School District Clerk for placement on the Agenda for the
August meeting (second Monday). At this time we are looking for 100 signatures. Also
looking to bus our citizens to that meeting for Community-wide support by show of
hands when the vote is called. This will enable us to collectively regain an apportioned
seat. This will give us representation of the Town of Sanborn so our voice and
concerns are met with an equal representation.
2.) Integrated Management Plan for Controlling Sea Lamprey in Bad River: Tim
Wilson/Mike Fodale: - Tribal Council was presented with a management plan which
addressed the control of the sea lamprey population through the administered
treatments of a lampricide agent known as TFM. Only looking to present the proposed
plan tonight, not looking for any Council action or approval. Several pertinent opposing
points were weighed tonight. Community is concerned about the short term and long
lasting effects this chemical agent will have in regard to citizen consumption,
environmental impacts, water quality, inadvertent endangerment of our various native
species. Community also strongly advocated the need for a less environmentally
hazardous alternative approach to control this invasive species. Presenters stated
there are some casualties regarding native organisms; mussels, salmon, sturgeon.
Presenters also gave answer to direct concern regarding our Bald Eagle. Presenter
stated the lampricide agent does affect the number of hatchlings after the first year of
the TFM application (don’t produce as many). However after the initial decline, there is
a slight resurgence in production. On the topic of toxicity, reference was made to
exhaustive testing of various lampricide agents back in the 1950’s, where TFM was
found to be the most effective and the safest. Presented also stated this is the third
year of testing in regard to pheromones another possible alternative. Staying on topic
of alternate methods, possible weir system was mentioned. This weir method was
originally turned down by Membership as the Community felt this would affect our river
usability for fishing purposes. Their was a brief mention at one time of an inflatable
weir, but it was abandoned to feasibility issues. Chairman Wiggins requested more
information in regard to dietary consumption of agent exposed fish and would also like
to see some data on the surrounding tributaries.
3.) Clinic Issues: Deb Tutor - Mrs. Tutor presented several points of concern before
Tribal Council. First and foremost, a resolution is needed to approve last year’s
budget. This resolution is vital as it is needed in order to receive IHS funding. Budget
submitted for Council review. Budget for the 2010 fiscal year also submitted for Council
review and comment. It is approximately $8,000 dollars more. $200,000 has been
earmarked for startup seed money for our dental care. We were also able to free up
additional monies for our pharmaceuticals. There was a Community concern in regard
to Optical care. Mrs. Tutor addressed this need with a budget increase for optical
funds. If our optical funds surpassed the budgeted funding, we would have the ability to
utilize some monies from Contract Health. This marks the very first year our Clinic
Administrator has done the IHS Budget. $40,000 has been budgeted for Optical, this is
about a $5,000 increase over last year. This year, $125,000 has been budgeted for
our Dental ($15,000 had been the previously budgeted norm). There is zero funds
available for Diabetes. However, no diabetic will be turned away for optical care, as this
has been rumored in the past. Mrs. Tutor stated, historically there has been a lack of
budget enforcement. The previous Budgets do not depict the actual monies spent.
With that respect, when the Budgets are drafted and an allotted monetary amount is
passed, our historic trend has been to spend in excess with disregard for the
budgetary process, thus defeating any real accounting of monies spent. This has
ultimately led to our long standing practice of operating on priority 1. Mrs. Tutor has
taken measures to end this practice by drafting our new Budget extensively and
professes the accounting of every penny. Resolution to approve 2010 IHS Budget read
and passed.
Tribal Member asked if Tobacco Survey information could be utilized to facilitate more
funding for our Tribe. Mrs. Tutor stated she does not have enough time to pursue
these monies as she is overwhelmed with work already. Mrs. Tutor did however
mention the responsibility could perhaps fall on the shoulders of the Department Heads.
Resolution to approve 2009 Budget read and passed.
Mrs. Tutor presented the possibility of providing clinic services to non-members,
especially Tribal employees with our health insurance, or spouses of Tribal Members.
Stated we already are currently treating some members of other tribes. A heated
debate ensued about clinic wait times and prioritizing Tribal Membership vs. Non-
members. Also a brief discussion on the waiver of non-member co-pay.
Tonight Mrs. Tutor would also like to address the topic of patient no-shows for clinic
appointments. Looking for Council support in enforcing a policy to allay this problem.
Discussion on parameters and circumstances involving no-shows. A no-show will be
applicable when a patient does not cancel an appointment. Children will not be
penalized as this policy does not include children. Three no-shows within a thirty day
period will result in enforcement of policy. The period of enforcement will be thirty days
from third offense, during which time the patient will only be seen on a walk-in basis.
Council has instructed staff to make mandated courtesy calls to patients.
Mrs. Tutor also identified communication problems. Stated there currently is no
consistent way to get information out to the Community. Discussion involving possible
ways to get this information out; Newspapers, Daily Press, LCO Times, patient
handouts. Chairman Wiggins also mentioned the Tribal Website that is in the works for
the very near future.
Looking to get our Dental going. Dental has been budgeted for the year ($125,000).
Equipment cost will be taken out of Clinic startup money. We have 4 dentists highly
interested in working with us. This is very time sensitive, they want to start now. We
could possibly be ready as early as December.
Also looking for Council support for Duluth Clinic enforcement of our no purchase
order, no service policy for scheduled appointments.
Currently looking for proposals to put the Medicare D Plan finally into play.
Mrs. Tutor also addressed some pharmacy issues. Stated Huhns Pharmacy is
changing ownership. These changes will be full force by the end of August. Looking
into possible business partership with Walgreens or Walmart. Question raised by
Chairman as to whether RFP Procurement Policies would be applicable here.
Instructed by Chairman Wiggins to researched this matter with Tribal Attorney.
Motion to support these points of concern. Motion carries.
4.) Ricing Committee: Erick Arnold; Tim Wilson; Erv Soulier - Looking to
approve the formation of the Ricing Committee. Chairman stated this system isn’t
flawed as it has worked real well in the past. Also gave recommendations in order to
expedite the process. The Chairman’s own recommendations are; V. Neveaux, H.
Butler, M. Denomie, E. Plucinski, S. Plucinski, M. Burns Sr, B. Powless, D. Jackson,
and Vice-Chairman Lemieux (serve as Council Liason). Short discussion on the
operational process of the committee. There are no by-laws. Committee generally
consists of Elders, with the exception of a few in the past. Committee Members are
typically paid a $20 stipend per boat trip. Motion to delegate authority for this year.
Motion carries.
5.) USEPA Funding Proposal: Tribal Capacity for Lake-Wide Basin Programs:
Jason Ritter - This plan will enable us collaborate along side the United States and
Canada to form a lake-wide management plan for Lake Superior. This plan would
include but not limited to policing aquatic invasive species, mining, chemicals, etc.
Motion to approve submittal. Motion carries. There was a heated debate as Tribal
members felt it was an unconstitutional approach in regard to the way this particular
presentation was carried. Only after Resolution was read and passed was there an
explanation offered to the Community as to exactly what this particular presentation
was about. Membership felt very opposed to handling our presentations and resolve in
this fashion, as it was stated this practice takes the Membership’s right to audit away.
6.) Food Distribution Budget request: Milisa Corbine - The Budget for fiscal year
2011 was presented to Council for review and approval. The topic of 25% matching
funds came up. This match isn’t necessarily a full monetary contribution, this could be
in the form of facility charges, services, etc. There is a clause that states if the Tribe
gives full divulgence of financial information, there can be a waiver of contribution. The
Budget has been submitted to Accounting since June 15. Resolution to approve budget
read and passed.
7.) Underage Drinking Ordinance: Joann Barylski; Erick Arnold - Looking for
Council support to pass an ordinance prohibiting the consumption of alcohol for people
under the age of 21. Mrs. Baryski referenced alleged incidences of underage alcohol
consumption at our Community Center. Stated it was impossible to fathom every single
minor in attendance was accompanied by a parent/legal guardian. Stated authorities
currently do not have an ordinance to empower them to prohibit this behavior. Stated
their were incidences of minors drinking themselves sick and urinating themselves at
seven different graduation parties. Would like to see Council enact proposed
ordinance which we could enforce through our Tribal Courts; forfeitures, community
service, imprisonment. There was a brief discussion as to the interpretation of tribal
ordinance vs. State ordinance. Chairman stated we must approach enacting
ordinances that may conflict with the state’s interpretation with caution and gave a
hypothetical instance which provided an example of ramification. Membership was
concerned as to how our courts will enforce these sentences handed down, as
currently there are already enforcement problems involving our laws and court system.
Chairman Wiggins thanked presenter for her passionate approach and invited Mrs.
Barylski back next month to present more information and research on this topic.
8.) Clinic Fire: Erick Arnold; Denise Gilles, Jackie Rose - Presenters offered a
brief update in regard to the clinic fire insurance claim settlement. We were able to get
some additional figures amended to our insurance claim which actually turned out to be
a substantial amount of unclaimed money through the pharmaceutical portion of the
adjustment, which was not originally reported. Initially we were offered a settlement in
the amount of $342,000. However, at that time we decided to research and investigate
through inventory if everything had indeed been captured. In analyzing this data with
due diligence, Mrs. Tutor and Mrs. Gilles were able to increase this settlement offer.
Upon finalizing the claims settlement, we would receive approximately $195,883 and
then after we send payment out on the new clinic, we will receive $320,377. We have
received a payment in June of 2007 in the amount of $677,527 and a secondary
payment of $250,000 in September of 2006. Not all of this money was spent. Some has
funded our temporary modular clinic, pharmaceuticals, and some renovations for our
pharmacy. We need a formal letter of acceptance with letterhead in order to finalize.
Management is confident we have exhausted all possible additional monies. Motion to
accept settlement offer. Motion carries.
9.) Elderly By-Laws: Charlie Wiggins - Elderly Advisory Committee presented
amended By-Laws for Council review and approval. Explained revisions made. Short
discussion on term limitations. Powers and duties of officers were discussed and
explained briefly in regard to the secretary submitting minutes to Tribal Council. Also a
brief discussion on the Budget. Motion to accept amended by-laws. Motion carries.
10.) Elderly Center Use Policy: Charlie Wiggins - This has been a long standing
discussion by Elders during several of their meetings. Tonight Elderly Committee is
looking for Council approval for Elderly oversight (authority) in regard to usage of the
Elder Center. In this proposed usage policy it covers; usage of equipment and facility.
This policy will ensure there will be no hindrance of Elderly programs and functions.
The ultimate decision will be made by the Aging Director who will be acting on the will of
the Elderly Committee. Motion to adopt Usage Policy. Motion carries.
11.) Housing BIA Modification Resolutions: Paul Arbuckle - Tabled until
tomorrow night’s Special Executive Session Meeting because there was issue raised as
to changes made on the lease documents. Council would like to review these changes
accordingly. Also check if there are already previous Resolutions in regard to these
leases.
12.) Drum Group: Jan Madosh Smart - 45 people are interested in making a
spiritual pilgrimage to Kansas, Nebraska. Seeking funding from Tribe to help with the
cost of food, lodging and gas. Brief discussion on the logistical challenges involved with
getting a confirmed budget in place. The high end figure would be approximately
$10,000, while the considerably lower end would be roughly $4,000. A brief summary of
the history surrounding this journey was discussed and a letter to Council from the
Drum Group was read. Motion to approve $5,000 with a $1,000 contingency. Motion
carries.
*Side Note: Community gift drop off point will be with Barb Smart at the Chief BlackBird
Center.
13.) Leases: Marge Lemieux - Leases were reviewed and approved.
14.) Health & Wellness Center Contract follow-Up: Erick Arnold - Last month
Council was presented with a standard AIA dispute resolution agreement. At that time
there was a limited waiver of sovereign immunity involved with the enforcement portion
of proposed agreement. It was our firm stance there will be zero waiver and the
protection of tribal assets is key. After going back to the negotiation table, Shingobee
Builders guaranteed and agreed there would be no waiver involved in our dispute
resolution. The dispute resolution centers around the idea of resolving disputes without
legal disputes. Motion to approve Resolution. Motion carries.
15.) Approval of New Positions : Cheryl Cloud Westland - 2 Seasonal Roads
Laborers (ARRA Funds): Motion to approve positions. Motion carries.
3 Domestic Violence Program Shelter Positions: Motion to table positions. Motion
carries.
16.) WI D.O.T. Mill & Overlay: Erick Arnold - This item has been tabled by Council
due to the need for more research in regard to contract clauses. Tribal Operations
Manager will work alongside Tribal Attorney with this research and report back to
Council during tomorrow night’s Executive Session.
Meeting recessed around 2 am.
For those interested,
heres a bit of history. We
recently had the honor
and luxury of viewing the
proceedings of General
Council, dated 1907.
This demonstrates how
we operated before the
U.S. Government
intervened. You may
view the document by
clicking here. We would
like to thank Richard
Wolfe Sr. for this bit of
history. Miigwetch!
heres a bit of history. We
recently had the honor
and luxury of viewing the
proceedings of General
Council, dated 1907.
This demonstrates how
we operated before the
U.S. Government
intervened. You may
view the document by
clicking here. We would
like to thank Richard
Wolfe Sr. for this bit of
history. Miigwetch!