Stockbridge-Munsee Community Tribal Council Directives

TO: Tribal Council, Tribal Administrator, Executive Director, Casino GM, Legal, Communications, Managers, Comptroller, Internal Auditor, Land/Enrollment, Public Relations, Land Management and Library/Museum

FROM: Jerilyn Johnson, Council Secretary

DATE: Wednesday, March 05, 2008

On Tuesday, March 4, 2008, the Stockbridge-Munsee Tribal Council held a Regular Tribal Council Meeting and at that time the following motions were made and carried:

Add: Greater WI Committee Donation Request (Scott Vele)

Add: Bid Openings to Executive Session and an Update on a Lease Issue

Strike: LP Gas Company and New Casino Construction Issue from Executive Session

Motion by Scott R. Vele to approve the Tuesday, March 4, 2008, Regular Tribal Council Meeting agenda with the verbalized changes.

Seconded by Terrie K. Terrio. Motion carried.

PARKING RAMP UPDATE-Gregory L. Miller

Greg read a statement from the Emergency Meeting: An incident occurred at the construction site for the new Mohican North Star Casino and Bingo facility today. There was a limited impact on the construction and one worker received minor injuries. The area where the incident occurred was shut down pending investigation. There are numerous parties investigating the incident currently and construction in that area will not resume until it is verified as being completely safe. Work will resume in unaffected areas tomorrow. Customer and employee safety is our first concern and the welfare of our customers and employees will continue to our top priority.

Then Greg updated the Community on the second collapse that happened on February 23.

Motion by Scott R. Vele to approve the Emergency Tribal Council Meeting meetings of Friday, January 25, 2008.

Seconded by Shannon Holsey.

Roll Call: Terrie abstains (ill), Jolene abstains (family leave), Sterling abstains (appt), Shan yes and Scott yes.

Motion carried.

Special Meeting 01-29-08-

Motion by Scott R. Vele to approve the Special Tribal Council Meeting minutes of Thursday, January 29, 2008, as presented.

Seconded by Terrie K. Terrio.

Roll Call: Terrie yes, Jolene abstains (family leave), Sterling yes, Shan yes and Scott yes.

Motion carried.

Regular Meeting 02-05-08-

Motion by Scott R. Vele to approve the Regular Tribal Council Meeting minutes of Tuesday, February 5^th, 2008.

Seconded by Terrie K. Terrio. Motion carried.

Special Meeting 02-07-08-

Motion by Scott R. Vele to approve the Special Tribal Council Meeting minutes of Thursday, February 7, 2008.

Seconded by Terrie K. Terrio. Motion carried.

Regular 02-19-08-

Motion by Scott R. Vele to approve the Regular Tribal Council Meeting minutes of Tuesday, February 19, 2008, as presented.

Seconded by Shannon Holsey.

Roll Call: Terrie yes, Jolene abstains (travel), Sterling yes, Shan yes and Scott yes.

Motion carried.

Emergency 02-20-08-

Motion by Scott R. Vele to approve the Emergency Tribal Council Meeting minutes of Wednesday, February 20, 2008.

Seconded by Shannon Holsey.

Roll Call: Terrie yes, Jolene abstains (travel), Sterling yes, Shan yes and Scott yes.

Motion carried.

Special Tribal Council Meeting 02-22-08-

Motion by Scott R. Vele to approve the Special Tribal Council Meeting minutes of Friday, February 22, 2008, as presented.

Seconded by Terrie K. Terrio. Motion carried.

Motion by Scott R. Vele to approve a donation for the Gresham Dollars for Scholars, in the amount of $625.00, which includes a table sponsorship of $250.00 for a table of eight and $375.00 for sponsorship.

Seconded by Sterling Schreiber. Motion carried.

Greater WI Committee-Scott R. Vele

No action taken at this time, the item may be brought back at a later date.

BAD LANDS ATVE TRAIL RIDE REQUEST-Jack Hietpas/Bad Land Members

Motion by Scott R. Vele to approve the request of the Gresham ATV Planning Committee, granting permission to access Tribal Lands in the Town of Red Springs leading up to Pine Hills and North Star for the dates of August 16 & 17, 2008, for the President’s signature.

Seconded by Terrie K. Terrio. (working with Mike Taft to ensure safety on project site)

Motion carried.

MANURE PIT CLOSURE ON VANDERLINDEN PROPERTY-Jack Hietpas

Motion by Terrie K. Terrio to approve the recommendation of the Land Management Office to proceed with the closure of the Vanderlinden Farm manure pit, with Tim Paiser removing and spreading liquid manure and also putting out on bids the closure project which includes the berms & deposit in the pit.

Seconded by Shannon Hosley.

Roll Call: Terrie yes, Jolene yes, Sterling yes, Shan yes and Scott no.

Motion carried.

CORE PLANNING MINUTES-

Motion by Terrie K. Terrio to go along with the recommendation of the Core Planning group to approve to go out on bids Phase I of the Putnam Park Project.

Seconded by Sterling Schreiber. Motion carried.

Motion by Jolene Bowman to accept and fund without going over the budget, the bid from Shawano Well Drilling and to accept the prioritized list of well bidders in the event that Shawano Well Drilling can not complete the work.

Seconded by Terrie K. Terrio. (bid in the amount of $11,200.00)

Roll Call: Terrie yes, Jolene yes, Sterling yes, Shan yes and Scott no.

Motion carried.

LAND MINUTES-Larry Moede

Motion by Scott R. Vele to go along with the Land Committee’s recommendation to accept the relinquishment of Allen Miller, which reads: SW1/4 OF SE1/4 OF SW1/4 OF SW1/4 Mohheconncuk Road being the west boundary in Section 4 R13E T28N 2.5 acres more or less, in favor of the Stockbridge-Munsee Community for the purpose of a home loan, contingent upon Tribal Council approval of his land lease.

Seconded Terrie K. Terrio. Motion carried.

Motion by Scott R. Vele to go along with the Land Committee’s recommendation to accept the relinquishment of Robert M Welch, which reads: W1/2 OF SE1/4 OF NW1/4 Section 12 T28N R13E, 5 acres more or less, in favor of the Stockbridge-Munsee Community for the purpose of a home loan, contingent upon Tribal Council approval of his land lease.

Seconded by Jolene Bowman. Motion carried.

Motion by Scott to go along with the Land Committee’s recommendation to accept the land relinquishment of Rodney Martin in favor of Marlow Martin, which reads: S1/2, SW1/4, SE1/4, NW1/4 with Mohheconnuck Road being the west boundary in Section 4 T28N R13E, 5 acres more or less.

Seconded by Shannon Holsey. Motion carried.

Motion by Scott R. Vele to go along with the Land Committee’s recommendation to approve the following land assignment in favor of Marlow Martin, which reads: S1/2, SW1/4, SE1/4, NW1/4 with Mohheconnuck Road being the west boundary in Section 4 T28N R13E, 5 acres more or less.

Seconded by Terrie K. Terrio. Motion carried.

Motion by Scott R. Vele to go along with the Land Committee’s recommendation to approve the following land assignment in favor of Jeremy Mohawk, which reads: MHA Lot 3, Section 16 T28N R13E, .29 acre more or less.

Seconded by Terrie K. Terrio. Motion carried.

RESOLUTION: LEASE OF LAND W/ R. Welch-Bridget Swanke

Motion by Scott R. Vele to approve the request of a lease of land by the Legal Department for Robert M. Welch and also to approve resolution number 025-08 for President’s signature, Now Therefore Be It Resolved, that the Tribal Council hereby authorizes the Tribal President to execute the lease of Land with Robert M. Welch; and Be It Further Resolved, that the Stockbridge-Munsee Tribal Council hereby grants and approves a limited waiver of the Tribe’s sovereign immunity specifically for the enforcement of the terms of the Lease of Land with Robert M. Welch. This waiver of sovereign immunity is limited to the terms and conditions set forth below and shall be incorporated as written below into the Lease of Land. 1. The limited waiver of the Tribe’s sovereign immunity is granted only to and for the benefit of Robert M. Welch and shall not extend to any other entity or person, except for such successors or assigns that are appointed through the operation of the Lease of Land. 2. The limited waiver of the Tribe’s sovereign immunity is granted only for the following remedies: actual damages, a writ of mandamus, or an injunction. 3. Any action against the Tribe under the limited waiver of sovereign immunity may only be held exclusively within the courts of the Stockbridge-Munsee Community and the law to be applied in any such action shall be Stockbridge-Munsee law. 4. The limited waiver of sovereign immunity contained in this resolution shall be effective only after the full execution of the Lease of Land between the Tribe and Robert M. Welch and the closing of a loan with a federal lending agency or a private lender in accordance with the Lease of Land. 5. The limited waiver of the Tribe’s sovereign immunity is not a waiver of the sovereign immunity of any tribal official, employee or agent. 6. Any dispute resolution action against the Tribe, as consented to through this limited waiver of sovereign immunity, shall be brought in Stockbridge-Munsee Tribal Court.

Seconded by Terrie K. Terrio. Motion carried.

RESOLUTION: LEASE OF LAND W/A. Miller-Bridget Swanke

Motion by Scott R. Vele to approve the request of a lease of land by the Legal Department for Allen Miller and also to approve resolution number 025-08 for President’s signature, Now Therefore Be It Resolved, that the Tribal Council hereby authorizes the Tribal President to execute the lease of Land with Allen Miller; and Be It Further Resolved, that the Stockbridge-Munsee Tribal Council hereby grants and approves a limited waiver of the Tribe’s sovereign immunity specifically for the enforcement of the terms of the Lease of Land with Allen Miller. This waiver of sovereign immunity is limited to the terms and conditions set forth below and shall be incorporated as written below into the Lease of Land. 1. The limited waiver of the Tribe’s sovereign immunity is granted only to and for the benefit of Robert M. Welch and shall not extend to any other entity or person, except for such successors or assigns that are appointed through the operation of the Lease of Land. 2. The limited waiver of the Tribe’s sovereign immunity is granted only for the following remedies: actual damages, a writ of mandamus, or an injunction. 3. Any action against the Tribe under the limited waiver of sovereign immunity may only be held exclusively within the courts of the Stockbridge-Munsee Community and the law to be applied in any such action shall be Stockbridge-Munsee law. 4. The limited waiver of sovereign immunity contained in this resolution shall be effective only after the full execution of the Lease of Land between the Tribe and Allen Miller and the closing of a loan with a federal lending agency or a private lender in accordance with the Lease of Land. 5. The limited waiver of the Tribe’s sovereign immunity is not a waiver of the sovereign immunity of any tribal official, employee or agent. 6. Any dispute resolution action against the Tribe, as consented to through this limited waiver of sovereign immunity, shall be brought in Stockbridge-Munsee Tribal Court.

Seconded by Terrie K. Terrio. Motion carried.

Motion by Terrie K. Terrio to approve to modify the community health and wellness center budget to incorporate the bio-preparedness budget in the amount of $5,576.00 and the bio-terrorism consortium budget in the amount of $10,000.00.

Seconded by Shannon Holsey. Motion carried.

Domestic Abuse Shelter-Pat Merkes

No action taken at this time, clarification will be needed before the item is brought back to the next agenda.

PROPOSAL FOR COMMUNITY PREPAREDNESS COORDINATOR-Elena & Nancy

Motion by Scott R. Vele to go along with request of the Community Health Director and the Health Center Director to make available the $41, 023.00 in remaining grant money as outlined in their wage and fringe worksheet for the remainder of the 08 budget for the Community Preparedness Coordinator position.

Seconded by Terrie K. Terrio. Motion carried.

Motion by Terrie K. Terrio to approve the Community Preparedness Coordinator position with number twelve reinserted back into the new job description, which is must have demonstrated the ability to maintain satisfactory work record in any prior or current employment.

Seconded by Jolene Bowman.

Motion maker amends motion to include: reports to the Director of Public Safety and the language that it be contingent on funding.

Second concurs.

Roll Call: Terrie yes, Jolene yes, Sterling no, Shan yes and Scott yes.

Motion carried.

CHR Maternal Child Health-Elena, Nancy and John

Motion by Terrie K. Terrio to approve the revised Community Health Representative position with number thirteen put back in, which is must have demonstrated the ability to maintain a satisfactory work record in prior or current employment.

Seconded by Shannon Holsey.

Roll Call: Terrie yes, Jolene yes, Sterling no, Shan yes and Scott yes.

Motion carried.

Tribal Historic Preservation Temporary Assistant-John

Motion by Scott R. Vele to approve the request of the Tribal Historic Preservation Department and the Human Resource Department for a Tribal Historic Preservation Officer consultant not to exceed eight weeks as requested by John Miller.

Seconded by Shannon Holsey. Motion carried.

TRIBAL ADMINSTRATOR’S MONTHLY REPORT FOR JAN.-Linda K.

Motion by Scott R. Vele to approve the Tribal Administrator’s monthly report for January 2008.

Seconded by Shannon Holsey. Motion carried.

EXECUTIVE SESSION-

Motion by Scott R. Vele to go into Executive Session.

Seconded by Shannon Holsey. Motion carried at 7:31 PM.

Motion by Scott R. Vele to come out of Executive Session.

Seconded by Shannon Holsey. Motion carried at 9:19 PM.

While in Executive Session discussion was held on a lease update, a couple of business permit requests, land acquisitions and home bids.

Motion by Scott R. Vele to approve the offer on parcel identification number JR-1-07 as discussed in Executive Session.

Seconded by Sterling Schreiber. Motion carried.

Motion by Scott R. Vele to authorize the legal department to make an offer to purchase parcel identification number BW-2-08 on land that was discussed in Executive Session.

Seconded by Sterling Schreiber. Motion carried.

Motion by Scott R. Vele to accept the bid from Sandra Fulwilder as discussed and outlined in Executive Session for the property on W10410 County Road G, Gresham.

Seconded by Terrie K. Terrio. Motion carried.

Motion by Terrie K. Terrio to approve the two leases that were agreed upon for signature by the Vice President.

Seconded by Shannon Holsey. (they will have numbers at a later date)

Roll Call: Terrie yes, Jolene yes, Sterling yes, Shan yes and Scott abstains.

Motion carried.

ADJOURNMENT-

Motion by Scott R. Vele to adjourn.

Seconded by Sterling Schreiber. Motion carried at 9:23 PM.