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FROM: Jody Hartwig, Acting Council Secretary
DATE: Wednesday, November 20, 2007
On Tuesday, November 20, 2007 the Stockbridge-Munsee Tribal Council held a Regular Tribal Council Meeting and at that time the following motions were made and carried.
APPROVAL OF AGENDA-
CORRECTION: Stand Police Garage not Policy Garage
REMOVED: Mohican Bingo Financials for October 2007
Purchasing Policy
Finance Policies and Procedures
Tribal Child Care
ADDED: Letter for Executive Session
Letter for the Tribal Childcare (for next agenda)
Contract Issue
Legal Issue
Building Fund for information (for next agenda)
Motion by Scott R. Vele to approve the Tuesday, November 20, 2007 agenda as revised.
Seconded by Shannon Holsey. Motion carried.
TRIBAL MEMBER REQUEST: Keith Raasch
Tabled, not present.
ANNUAL PERFORMANCE REPORT- Lori Siegharter
Motion by Terrie K. Terrio to authorize the Vice Chairman to sign the Annual Performance Report for the Division of Community Housing the Indian Housing Block Grant.
Seconded by Shannon Holsey. Motion carried.
DEFERRED COMPENSATION PLAN & TRUST- Bridget Swanke/ John Miller
Motion by Scott R. Vele to approve the Deferred Compensation Plan plus the agreement signature abide Tribal Treasurer and Tribal Chair as presented by Human Resources and by the Tribal Legal Department.
Seconded by Shannon Holsey.
Roll Call: Terrie yes, Jolene no, Sterling yes, Shannon yes and Scott yes. Motion carried.
REGULAR LAND COMMITTEE MINUTES- Joe Miller/Carmen Cornelius
Motion by Scott R. Vele to go along with the Land Committee’s recommendation to accept the land relinquishment of George Mohawk, Jr. in favor of the Stockbridge-Munsee Tribe which reads: Lot 7 W ½, NW ¼, SW ¼, SE ¼, SE ¼ of Section 23 T28NR13E 1 acre 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 accept the land relinquishment of Vincent Malone in favor of Timmy Malone which reads: Project 14-08 site 1 Mutual Help homebuyers in the SE ¼ of Section 16 T28NR13E 1 acre more or less.
Seconded by Shannon Holsey. Motion carried.
Motion by Scott R. Vele to go along with the Land Committee’s recommendation to accept the land relinquishment of Timmy Malone in favor of Warren Miller which reads: SW ¼ of the NE ¼, SE ¼, NW ¼ and the SE ¼, NW ¼, SE ¼ of NW ¼ in Section 11R13E T28N 5 acres more or less.
Seconded by Sterling Schreiber. Motion carried.
Motion by Jolene Bowman to go along with the Regular Land Meeting Minutes of November 1, 2007 to go along with the recommendation for approval of the following land assignment in favor of Timmy Malone which reads Project 14-08 Site 1 MHA in SE ¼ of Section 16T28N R13E 1 acre 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 the following land assignment in favor of George Mohawk, Jr. which reads: Koo Yi Kun Lot #10.
Seconded by Shannon Holsey. Motion carried.
LEASE OF LAND-Bridget Swanke
Motion by Scott R. Vele to approve resolution 06-08 which is a Lease of Land for Carmen Cornelius by the Vice President’s signature
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 Carmen M. Cornelius. 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.
The limited waiver of the Tribe’s sovereign immunity is granted only to and for the benefit of Carmen M. Cornelius 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.
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.
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 tribal law.
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 Carmen M. Cornelius and the closing of a loan with the federal lending agency or a private lender in accordance with the Lease of Land.
The limited waiver of the Tribe’s sovereign immunity is not a waiver of the sovereign immunity of any tribal official, employee or agent.
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 Scott R. Vele to go along with the Land Committee’s recommendation to accept the land relinquishment of Carmen M. Cornelius which reads: Site #2 MHA in NW ¼ of SE ¼ in Section 16 T28NR13E .68 acres or less in favor of the Stockbridge-Munsee Community in the purpose of a home loan.
Seconded by Terrie K .Terrio. Motion carried.
CHAPTER 66, ELDER PROTECTION CODE- Bridget Swanke/Natalie Young
Motion by Scott R. Vele to enact Stockbridge-Munsee Community Chapter 66, Elder Protection Code as posted, commented, reviewed and now enacted by the Tribal Council.
Motion seconded by Terrie K. Terrio. Motion carried.
SPRING VALLEY & OLD PAISER FARMS-Bill Terrio/Jill Tiegs
Motion by Terrie K. Terrio to approve the dismantling of the barns at Spring Valley and Old Paiser property and award the bid to Wittenberg Disposal Services as recommended by Assets and P&E.
Seconded by Shannon Holsey.
Motion maker withdraws motion.
Consensus to get questions answered and to bring back.
P&E AND ROADS STORAGE BUILDING-Bill Terrio/Jill Tiegs
Consensus
STAND ALONE POLICE GARAGE-Bill Terrio/Jill Tiegs
Consensus
GM’S MONTHLY REPROT FOR OCTOBER 2007-Michael Olujic
Motion by Scott R. Vele to approve the North Star Casino and Bingo GM’s monthly report for October 2007 as presented by the GM and reviewed by the Tribal Council.
Seconded by Terrie K .Terrio. Motion carried.
NORTH STAR FINANCIALS FOR OCTOBER 2007-Michael Olujic
Motion by Scott R. Vele to approve the North Star Casino financials for October 2007 as presented and prepared by the General Manager.
Seconded by Shannon Holsey. Motion carried.
COMMUNITY FIRE BUDGET MODIFICATION-Schyler Martin
Motion by Scott R. Vele to approve the request to return $1,201.75 to the Federal Emergency Management Agency and take that money out of the Stockbridge-Munsee Fire Department’s supply line as requested by Public Safety Administrative Assistant.
Seconded by Terrie K. Terrio. Motion carried.
CORE PLANNING MINUTES-Linda Katchenago
Consensus
TRIBAL ADMINISTRATOR’S MONTHLY REPORT-Linda Katchenago
Motion by Scott R. Vele approve the Tribal Administrator’s monthly report for October 2007.
Seconded by Sterling Schreiber. Motion carried.
TRIBAL OFFICERS RETIREMENT PLAN-Linda Katchenago
Motion by Scott R. Vele have the Human Resources Department put together RFP for the Stockbridge-Munsee Public Safety Officers retirement plan and to bring back the RFP for approval to go out on a bid.
Seconded by Terrie K. Terrio. Motion carried.
EMPLOYEE CHRISTMAS GIFTS-John Miller
Motion by Scott R. Vele to have the Tribal Treasure purchase $40,100.16 worth of Chamber Bucks from the Marathon County Chamber for the 2007 nation’s employee gifts with $40,100.16 to come out of Tribal Council budget.
Seconded by Terrie K. Terrio. Motion carried.
JOB DESCRIPTIONS-
AODA Prevention Specialist- John Miller/Patricia Merckes
Motion by Terrie K. Terrio to approve the job description for the AODA Prevention Specialist eliminating under duties #8 and #15 because they are identified with #7 and #11 under qualifications already.
Seconded by Scott R. Vele. Motion carried.
Indian Child Welfare Manager-John Miller/Nancy Miller-Korth
Motion by Scott R. Vele to approve the revisions to the Indian Child Welfare Manager position as presented by the Health and Wellness Manager and the Director of the Human Resources Department.
Seconded by Terrie K. Terrio.
Roll Call: Terrie yes, Jolene no, Sterling no, Scott yes and Greg yes. Motion carried.
Behavioral Health Program Manager/Counselor-John Miller/Nancy Miller-Korth
Motion by Scott R. Vele to approve the revisions to the Behavioral Health Program Manager/Counselor as presented by the Health and Wellness Director and the Human Resources Director.
Seconded by Terrie K. Terrio.
Roll Call: Terrie yes, Jolene no, Sterling no, Scott yes and Greg yes. Motion carried.
Activity Coordinator-John Miller/Kristy Malone
Motion by Terrie K .Terrio to accept the revisions to the Activity Coordinator position from part time to full time.
Motion dies lack of support.
Motion by Scott R. Vele to repost the revised Activity Coordinator position to the Elderly Services as revised.
Seconded by Sterling Schreiber.
Roll Call: Terrie opposed, Jolene yes, Sterling yes, Scott yes and Greg yes. Motion carried.
OPEN AGENDA
Janice Doxtater- She had concerns with why she can’t get any help from Housing and why she gets the run around at the Land Office. She also had some concerns about the Elderly Center Christmas Party and the Elderly Center Steering Committee.
Bette Parmentier- She had some concerns on how the elderly people are treated.
Keith Raasch- He was wondering if the Tribe could not put a street light out by the Mission Church.
FORESTRY MINUTES-Jeff Vele, Sr./Beau Miller
Motion by Sterling Schreiber to go along with Forestry Committee’s recommendation to approve the request to clear sections in the Housing where the playground and basketball court is as long as it is in within the proposed plan.
Seconded by Terrie K .Terrio. Motion carried.
SELECTION OF ELDERLY STEERING COMMITTEE MEMBERS-
Motion by Terrie K. Terrio to appoint Carolie Miller, Sherman Miller and Rosetta Ramirez to the Elder Steering Committee.
Seconded by Scott R. Vele.
Roll Call: Terrie yes, Sterling abstain, Greg yes and Scott yes. Motion carried.
EXECUTIVE SESSION-
Motion by Scott R. Vele to go into Executive Session.
Seconded by Sterling Schreiber. Motion carried at 7:25 P.M.
Motion by Scott R. Vele to come out of Executive Session.
Seconded by Sterling Schreiber. Motion carried 9:04 P.M.
Motion by Terrie K. Terrio to approve the lobbyist contract agreement as discussed in Executive Session.
Seconded by Jolene Bowman.
Motion maker adds: The lobbyist agreement for the retain age amount to be $2,500.00 pr month and the amount for tribal project specific of $75.00 per hour and consultant shall be reimbursed for allowable travel expenses not to exceed $3,500.00 a month.
Second concurs.
Roll Call: Terrie yes, Jolene yes, Sterling no, Scott no (voted no because there is not a proven work ethic and proper reconciliation of reporting in checks and balances) and Greg yes. Motion carried.
ADJOURNMENT-
Motion by Scott R. Vele to adjourn.
Seconded by Sterling Schreiber. Motion carried at 9:07 P.M.