4 JULY 15, 2004
Smoke Signals
Wednesday, May 26, 2004
5:04 p.m. Meeting was called to order by Tribal Council Chairwoman,
Cheryle Kennedy. A quorum was present.
Present was Jack Giffen, Jr, Val Grout, Bob Haller, Cheryle A. Kennedy,
Ed Larsen, Reyn Leno, Jan D. Reibach, Valorie Sheker-Robertson and
June Sell-Sherer.
Invocation was done by Val Grout.
PREVIOUS MINUTES APPROVEAMEND
Reyn Leno moved, Val Grout seconded to approve the May 12, 2004,
Tribal Council regular meeting minutes as presented. Motion carried
8-0-0.
UNFINISHED BUSINESS
Oral comments given and written comments received on the proposed
Public Safety Ordinance Amendments.
NEW BUSINESS
LEGISLATIVE ACTION COMMITTEE
n Temporary Appointment of DelegateAlternate to NCAI. Jan D.
Reibach moved, Ed Larsen seconded to adopt Resolution No. 065-04
appointing Cheryle A. Kennedy as Delegate and June Sell-Sherer as Al
ternate and instructing them to become Individual Members in Good Stand
ing with National Congress of American Indians in order to fulfill their
responsibilities as Official Delegates to NCAI 2004 Mid-Year Session only.
Motion carried 7-0-1. June Sell-Sherer abstained.
SMCF Board of Trustee Appointment. Val Grout moved, Bob Haller
seconded to adopt Resolution No. 066-04 appointing Reyn Leno to fill
the vacancy created by the resignation of June Sell-Sherer to the Spirit
Mountain Community Fund for the remainder of her term expiring Sep
tember 2005. Discussion followed. Motion carried 7-0-1. Reyn Leno
abstained.
Enrollment Infant Determination Denial. Jack Giffen, Jr. moved,
Jan D. Reibach seconded to adopt Resolution No. 067-04 denying mem
bership to minor, Jane Doe (date of birth 3-22-04), because, based on the
investigation and recommendation of the Enrollment staff, the applicant
does not meet the enrollment requirement under the Tribal Constitution
and the Enrollment Ordinance. Motion carried 8-0-0.
Enrollment Infant Determination Denial. Val Grout moved, Valorie
Sheker-Robertson seconded to adopt Resolution No. 068-04 denying
membership to minor, John Doe (date of birth 3-16-04), because, based on
the investigation and recommendation of the Enrollment staff, the appli
cant does not meet the enrollment requirement under the Tribal Constitu
tion and the Enrollment Ordinance. Discussion followed. Motion car
ried 8-0-0.
D Enrollment Emergency Infant Determinations. Reyn Leno
moved, Jan D. Reibach seconded to adopt Resolution No. 069-04 ap
proving Tribal membership for minors who are numbered 5396 and 5397,
because, based on the investigation and recommendation of the Enroll
ment staff, the minors meet the eligibility requirements for enrollment as
defined in the Enrollment Ordinance and Tribal Constitution and is eli
gible for emergency determination under Section (c)(2)(C) of the Enroll
ment Ordinance. Discussion followed. Motion carried 8-0-0.
Enrollment Infant Determinations. Val Grout moved, June Sell
Sherer seconded to adopt Resolution No. 070-04 approving four (4) mi
nors numbered 5398 through 5401 for Tribal membership, because, based
on the investigation and recommendation of the Enrollment staff, the
minors have been found to meet the eligibility requirements for enroll
ment as defined in the Enrollment Ordinance and Tribal Constitution.
Motion carried 7-0-0. Jack Giffen, Jr. was not present for the vote.
Enrollment Infant Determination. Bob Haller moved, Reyn Leno
seconded to adopt Resolution No. 071-04 approving an individual num
bered 5402 for Tribal membership, because, based the investigation and
recommendation of the Enrollment staff, the minor has been found to
meet the eligibility requirements for enrollment as defined in the Enroll
ment Ordinance and Tribal Constitution. Motion carried 8-0-0.
B Enrollment Infant Determination. Jan D. Reibach moved, Reyn
Leno seconded to adopt Resolution No. 072-04 approving an individual
numbered 5403 for Tribal membership, because, based the investigation
and recommendation of the Enrollment staff, the minor has been found
to meet the eligibility requirements for enrollment as defined in the En
rollment Ordinance and Tribal Constitution. Motion carried 8-0-0.
B Enrollment Infant Determination. Jan D. Reibach moved, Reynold
L. Leno seconded to adopt Resolution No. 073-04 approving an indi
vidual numbered 5404 for Tribal membership, because, based the inves
tigation and recommendation of the Enrollment staff, the minor has been
found to meet the eligibility requirements for enrollment as defined in the
Enrollment Ordinance and Tribal Constitution. Motion carried 7-0-0.
Ed Larsen was not present for the vote.
B Timber Committee Appointment. Reyn Leno moved, Jan D. Reibach
seconded to adopt Resolution No. 074-04 approving the appointment
of Richard Ray to the Timber Committee. The appointment to this posi
tion fills a vacant seat with term expiring on December 31, 2004. Mo
tion carried 7-0-0. Ed Larsen was not present for the vote.
B Elders Community Center & Foster Care Projects Funding for
Architectural Design Contract(s) and Subcontractors. Reyn Leno
moved, Bob Haller seconded to adopt Resolution No. 075-04 authoriz
ing the release of contingency funds in the amount of $147,300 for the
following items: $27,500 for the Elder's Foster Care Design and related
subcontracts; and $119,800 for the Elder Community Center Design and
related subcontracts. Discussion followed. Motion carried 8-0-0.
B Annual Reaffirmation of Investment Policy Statements. Jack
Giffen, Jr. moved, Val Grout seconded to adopt Resolution No. 076-04
reaffirming the Investment Policy Statements as presented by Prime As
set Consulting Group UBS Financial Services Inc. and the Finance Of
ficer. Motion carried 8-0-0.
B Credit Card Exception for Procurement Department Manager.
Jan D. Reibach moved, Ed Larsen seconded to adopt Resolution No.
077-04 authorizing exceptions to the Tribe's Credit Card policy for the
Tribal Procurement Manager, Bryan K. Langley, for the purpose of mak
ing purchases on behalf of the Tribal Government operations from ven
dors that do not accept purchase orders. Discussion followed. Motion
carried 8-0-0.
B IIR Jones Veneere, Inc. Contract Approval. Val Grout moved,
Reynold L. Leno seconded to adopt Resolution No. 078-04 approving a
limited waiver of sovereign immunity in the Purchase and Sale Agree
ment with HR Jones Veneere, Inc. which expressly limits the Tribe's con
sent to arbitration of claims or disputes brought by HR Jones Veneere,
Inc. to enforce the agreement in arbitration with enforcement of any award
against the Tribe in Tribal Court. Discussion followed. Motion carried
8-0-0.
OTHER BUSINESS
B A Tribal member asked for a copy of the report generated by the
Falmouth Institute reviewing the Tribe's organizational structure. Cop
ies are available from the Policy and Planning Department. In addition,
the Tribal member inquired about possible funds for Tribal members to
attend training. Chris Leno, Director of Operations responded by advis
ing that members need to contact the Adult Education Department for
possible tuition assistance. Further research would be needed to explore
whether lodging, transportation and per diem would be available.
B A Tribal member asked the Council to look into improvements to the
sound system in the meeting chambers.
B Council member Val Grout encouraged Tribal members to register to
vote in the upcoming State and Federal elections. Your votes can make a
difference. Discussion followed.
6:15 p.m. Val Grout moved, Ed Larsen seconded to adjourn the meet
ing. Motion carried.
Wednesday, June 9, 2004
5:05 p.m. Meeting was called to order by Tribal Council Vice-Chairman,
Reyn Leno. A quorum was present.
Present was Val Grout, Ed Larsen, Reyn Leno, Jan D. Reibach, and
Valorie Sheker-Robertson.
Excused was Jack Giffen, Jr., Bob Haller, Cheryle Kennedy and June
Sell-Sherer.
Invocation was done by Jan Reibach.
PREVIOUS MINUTES APPROVEAMEND
B Valorie Sheker-Robertson moved, Val Grout seconded to approve the
May 26, 2004, Tribal Council regular meeting minutes as presented.
Motion carried 4-0-0.
NEW BUSINESS
LEGISLATIVE ACTION COMMITTEE
B Participation in Nation-wide Elder Survey. Val Grout moved, Ed
Larsen seconded to adopt Resolution No. 079-04 authorizing the par
ticipation of the Tribe in a Nation-wide Elder Survey conducted by the
University of North Dakota National Resource Center on Native Ameri
can Aging. This survey is included in the Title VI grant program which
funds the Senior Meal Site. Motion carried 4-0-0.
B Public Safety Ordinance. Jan Reibach moved, Val Grout seconded
to adopt Resolution No. 080-04 adopting the amendments to the Public
Safety Ordinance. In addition to some technical changes, the amend
ments address issues that routinely arise regarding use of Tribal Lands
for campaigning activities, such as signs, distributing campaign materi
als, email, etc., and public demonstration activities, such as protests and
pickets. The proposed amendments provide instruction on permissible
campaigning and public demonstration activities on Tribal Lands to en
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