Minutes: December 26, 2018

SAC AND FOX TRIBE OF THE MISSISSIPPI IN IOWA

Tribal Council Meeting – December 26, 2018, 5:00 PM

Sac and Fox Tribal Chambers

  1. Meeting called to order at 5:03 p.m.
  2. Roll Call

Presiding Officer:  Adrian Pushetonequa, Vice-Chairman

Tribal Council present:  Delonda Pushetonequa, Treasurer; Jarvis Bear; Harvey Davenport, Jr., Apollo Davenport

Absent:  Anthony Waseskuk, Troy Wanatee

Staff present: Jay Finch, Attorney General; Yolanda Pushetonequa, Tribal Council Secretary; Chris Spencer, Grants and Planning; Jon Papakee, MBCH General Manager-Gaming; Bill Thurman; Comptroller.

Visitors: Craig Youngbear, Nina Youngbear, Mary Youngbear, Tom Jochum, Chad Keahna, Allison Stewart, Paul Timberwolf, Christina Blackcloud, Bryant Bear.

  1. Ascertainment of Quorum – A quorum was ascertained with 5 council members present.
  2. Agenda approval

The Vice-Chairman asked for any changes or additions to the agenda. Motion made by Jarvis Bear to approve the agenda. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried.

  1. Minutes – December 5, 2018

Motion made by Delonda Pushetonequa to approve the minutes for December 5, 2018 with two changes. Apollo Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

6. Reports – none

7. New Business

a. Visitor Requests

i. T.J. Jochum Consulting – Review 2019 Strategy. Tom Jochum is present to talk about the year ahead at the State level. Tom wishes to thank the Meskwaki community and Tribal Council for all the support, the calls, and visits throughout his daughter’s end of life. The Meskwaki people brought him strength at this difficult time. Regarding business, the current important item is to plan the honoring of Charles Grassley for heading the HR1074 bill to repeal the law of 1948. Blum got it passed in the House. Iowa passed it in Iowa within a year. Washington took a few years, and Grassley is responsible. Blum would also be a necessary invite. Honoring Iowa legislators will be important. Tom will work with Executive Management and AG to plan a Thank You reception. Tom recaps the recent gubernatorial election. We will continue with strategies that protect tribe from bipartisan politics. Other topics for the year are discussed: Farm Bill, sports betting, 28E, Cooperative Agreements with Tribal governments, and 1948. Jeff Edler is an ally to work closely with. He was helpful on 28E and Voter ID. Edler and Fisher stood up to strong opposition against us in 2018. We have a good relationship with Secretary of State Paul Pate. Meeting is recommended with Edler. Tribal Council is in agreement with the 2019 session strategies discussed.

b. Community Requests

Motion by Delonda Pushetonequa to enter into Executive Session at 5:40 p.m. Apollo Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

i. Kristina Youngbear – Executive Session

ii. Allison Stewart – Executive Session

iii. Blevins Gibbs – Executive Session

Motion by Jarvis Bear to exit Executive Session at 7:13 p.m. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried.

Motion by Apollo Davenport to approve the Notice of Initial Order of Exclusion of Douglas E. Cadotte. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried. Conditions will be added later on.

Motion by Jarvis Bear to table Blevins Gibbs’ request. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried. Yolanda will arrange for Blevins to be present by phone during next council meeting.

c. Committees

i. Election Committee – Appointment and Swearing-In of Bryant Bear

Christina Blackcloud presents on behalf of the Election Committee. She reports there are two vacancies on the election committee. Bryant Bear is willing to serve. She is recommending Bryant to be appointed.

Motion by Delonda Pushetonequa to appoint Bryant Bear to the Election Committee. Apollo Davenport seconded. Vote: 3 yes, 0 no, Jarvis Bear abstained. Motion carried.

Bryant Bear is sworn in to the Election Committee and signs Election Committee Oath.

d. Departments

i. Executive

  1. ICDBG Rec Center Operation and Maintenance Plan and Budget

Chris Spencer presents a HUD-required submission of Council’s support of an operation and maintenance plan and budget for five years after completion. The motion would approve the Chairman to sign this letter of commitment to the plan. This will ensure us of a score of at least 6 points on a 10-point section of the grant application; total possible score is 100 points. Block grant is highly competitive, every point counts. This attachment requires Chairman’s signature.

Motion by Harvey Davenport to approve the ICDBG Rec Center Operation and Maintenance Plan and Budget presented. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried.

  1. E911 Service Board member designees

Yolanda Pushetonequa presents a letter received from the E911 service board. Each township in Tama County can appoint a member to the service board each year. The board holds four meetings per year and makes decisions regarding E911 issues such as budgetary, improvements, complaints etc. Council discusses who should serve on the board for our district.

Motion by Apollo Davenport to appoint Jeff Schrock as the primary Meskwaki Settlement designee of the E911 Board and Roxane Warnell as the alternate designee to the Tama County Service Board. Jarvis Bear seconded. Vote: 4 yes, 0 no. Motion carried.

e. MBCH – North Tower Renovation Project Scope & ROM Update

Jon Papakee, General Manager-Gaming, presents the Pie Medvolt recommendations for add-ins. Casino requires Council input to determine scope of work related to North Tower portion of the renovation project. Input will help develop casino’s approach to work on the tower. Casino met with Pie last week. On Dec. 13 we signed an agreement for Pie to do an assessment of issue we may want to consider working on, in the future, or immediately depending on what they find. Their approach is structural. Casino wants to start the assessment, and want to determine their scope of work, Jon requests approval for the first floor assessment without the pool and spa area.

Motion by Jarvis Bear to approve the Pie Assessment minus the Pool and Spa area. Apollo Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

Jon Papakee presents the suggestions for updated Range of Magnitude for upgrades in the HVAC, suites, Elevator Lobby. This is more routine, but requires Chairman’s approval and signature on each of the ROMs.  7 required change orders are included. With this ROM approval, Pie can work continuously since this is the majority of work they will do. There have not been any changes to original North Tower ROM. This is just for the South Tower. Jon adds that TC can attend weekly meetings with Pie or calls can be arranged. Weekly meetings are Wednesdays at 10:00AM.

Motion by Apollo Davenport to approve the Revised December 18, 2018 Range of Magnitude for South Tower in the amount of $33,603,660. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried.

f. Attorney General Matters

ICWA Letter – Cherokee, Oneida, Quinault, and Morongo tribe, NCAI, and NARF are proposing that all tribes join in a brief to respond as an intervenor in the lawsuit of Brackeen vs. Zinke. A federal court held that the ICWA was unconstitutional. That case has been appealed to the Fifth Courth of Appeals. The brief will comment to the court why ICWA is necessary and why it’s not unconstitutional. The idea is to have a powerful comment letter signed by all tribes. Tribal Council agrees and grants permission to include our signature on the letter.

Iowa River Bancorp. –  In January there is a board of directors meeting for the Iowa River Bancorp which is the holding company for the Pinnacle Bank Board. The Council Chairman, Treasurer, David Burrell, and Lou Miller are on this 5-member board so we are short one member. The Tribal Council is the shareholder of the Iowa River Bancorp. As of now, we don’t get a lot of feedback from the board, and we should take measures to get more reporting and feedback going forward. Jay Finch advises to appoint a fifth board member before proceeding. Tribal Council should request a shareholder meeting but no other action until fifth member. If you want to make a change, we are at the point in the year to make changes.

g. Council Matters

i. Donation Request – Cheyenne River Youth Project

This nonprofit submitted a request for donation via email using the tribal donation packet. Yolanda presents their donation packet. It appears to be a legitimate organization with robust programming for youth at Cheyenne River Reservation. They are requesting $2,500 for fulfilling Christmas wish lists. Tribal Council requests more advance notice for donation requests. At least 30 days’ notice would be better. Organization will be notified.

Motion by Jarvis Bear to deny Cheyenne River youth project due to short notice. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried.

ii. Donation Request – Prairie Rivers and City of Tama

Motion by Jarvis Bear to table this to the next meeting so they can present. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried.

iii. Approval of H.R. 1074 Thank You Reception and Gifting

The repeal of 1948 law this past month has been a historically significant legal victory for the tribe. This took four years to accomplish and much lobbying. The past tribal council expressed interest in gifting lanyards or something special for the legislators who were pivotal in the passing of the law. Gifting of beadwork and hosting dinner or a reception would be appropriate. Flags could be included. Might also be good to have a tribal flag in DC at each Iowa Congress and Senator’s office. Other tribal affiliated organizations have asked to fly our flag for representation. Many opportunities to fulfill flag requests.

Motion by Delonda Pushetonequa to approve the purchase of 12 medallions, bidding to be open to Meskwaki tribal members submitting samples of their work; medallions will be presented with frame, plaque, resolution, and Meskwaki flag; purchase not to exceed $4,000. Jarvis Bear seconded. Vote: 4 yes, 0 no. Motion carried.

iv. Scheduling the Next Tribal Council Meeting

Next meeting is January 9, 2018

v. Rescheduling 4 work sessions

Work sessions will be rescheduled to Wednesdays and Thursdays for the next few weeks.

  1. Adjourn

Motion made by Jarvis Bear to adjourn. Delonda Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried. Meeting adjourned at 10:05 p.m.