Minutes: June 19, 2019

SAC AND FOX TRIBE OF THE MISSISSIPPI IN IOWA

Tribal Council Meeting – June 19, 2019, 5:00 PM

Sac and Fox Tribal Chambers

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

Presiding Officer: Anthony Waseskuk, Chairman

Tribal Council present: Adrian Pushetonequa, Vice-Chairman; Delonda Pushetonequa, Treasurer; Troy Wanatee Absent: Jarvis Bear, Apollo Davenport

Staff present: Bessie Scott, Executive Director; Chris Nydle, Prosecutor; Yolanda Pushetonequa, Tribal Council

Secretary/Executive Assistant; Lowella Balderas, Legal Assistant; Oliviah Walker, Deputy Executive Director, Lana Roberts, MSS Instructor; Steadman Brown, MSS Athletic Director; JoAnn Youngbear, Gaming Commission Chair; Orrie Lasley, Jr., Gaming Commissioner; Celena Johnson, Gaming Commissioner; Mark Bear, Gaming Commissioner; Azadeh Tavakoli, Human Resources Director; Jarrett Pfrimmer, MNR Director; Kent Scheid, Housing Director; Dirk Whitebreast, MBCH General Manager-NonGaming; Jon Papakee, MBCH General Manager-Gaming.

Visitors: Jana Roberts, Tom Weber, Geanna Bear, Genesis Ramirez, Tieman Wanatee, Shye Johnson, Sophie Snow, Allison Lasley, Leigh Lasley.

Ascertainment of Quorum -A quorum was ascertained with 5 council members
Agenda approval

The Chairman asked for any changes or additions to the agenda. Yolanda states that she omitted one item that was already approved for the agenda. It will be added as Item 7A – Lamar Advertising. Motion made by Delonda Pushetonequa to approve the agenda with the added item, 7A Lamar Advertising. Dawson Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

Minutes – May 29, 2019 and June 6, 2019

At 5:10 p.m. the minutes were postponed until later in the agenda, in order to proceed with Item 7A. At 5:29 p.m. Tribal Council reviewed the minutes.

Motion made by Delonda Pushetonequa to approve the minutes for May 29, 2019 and June 6, 2019. Adrian Pushetonequa seconded. Vote: 4 yes, 0 no. Motion carried.

Reports – Yolanda Pushetonequa, Tribal Council Secretary/ Executive Assistant reports that she has accepted another position in tribal operations as Administrative Services Instructor in the Apprenticeship The role will be a training program for administrative assistants. She will gradually transition to the department in July.
New Business
Lamar Advertising –

Jana Roberts introduces Mr. Tom Weber, a real estate manager with Lamar Advertising. He explains that since the Highway 30 expansion, the tribe has lost out on some strategic billboard advertisements. He is proposing to ask the tribe to do a shared billboard arrangement where they would erect billboard structures and offer half of them to the tribe for free, but would be responsible for the ad costs. Cost of posters are about

$100 per poster which lasts 6 months, or $300 for a vinyl that lasts 3 years. They want to provide two billboards to the tribe for free, and for the company Lamar to have the rights to the other two billboards. He asks if we are subject to government zoning. It would need to be looked into. Tribal Council will have a work session with Lamar and Mr. Weber after the zoning question is looked into by AG’s office.

TRU Council – Donation Request to attend UNITY Conference

TRU Council students present a request for donation to attend the UNITY Conference in July. UNITY is for Native American students to take in trainings regarding Social, Spiritual, Physical, Mental and Leadership development. 16 students will be attending. Total costs are registration $4,000, Gasoline $1,112.16, Accommodations $3,700-6,200, Food $8,100. They’ve fund raised and have already paid $6,500 of the costs. They’re requesting the remainder in tribal contribution funding.

Motion by Delonda Pushetonequa to approve $9,450 for TRU Council to attend the UNITY Conference in Orlando, FL in July. Dawson Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

Housing Committee
1. Recommendation from Housing Committee Meeting

The Housing Committee began reviewing various home situations since the new policies have been enacted. The recent committee meetings resulted in a number of recommendations to the Tribal Council. The first recommendation was to assign the right to occupancy at 751 Meskwaki Road to the minor children of Gerald Sanache and the mother of the children. The next three recommendations were the termination of the home site assignments of 110 Deerfield Crossing assigned to Ryan Papakee, Sr., 443 Red Earth Drive, assigned to Larry Davenport, Sr., and 256 Red Earth Drive, assigned to Eric Kapayou, Sr. The fifth recommendation was to return 425 Red Earth Drive, formerly assigned to Ellsworth Youngbear, Sr., back to the tribe.

Motion by Adrian Pushetonequa to approve the first five recommendations submitted by the Housing Committee (see attachment filed with the Minutes). Dawson Davenport seconded. Vote: 3 yes, 0 no, 1 abstained (Troy Wanatee). Motion carried.

The Housing Committee recommends the approval of nine applications that are ready for approval. There are others still being processed. These are the earliest applicants and the first set to complete the background checks and application process.

Motion by Dawson Davenport to approve the Housing committee’s recommendations for 9 housing applications as attached (see attachment filed with the Minutes). Adrian Pushetonequa seconded.

Vote: 3 yes, 0 no, 1 abstained (Delonda Pushetonegua). Motion carried.

The Housing Committee has recommended that the Tribal Council make the determinations regarding three home sites that were last assigned to: the late Rodney Papakee, the late Talbert and Lynn Davenport, and to Rita Papakee.

Motion by Adrian Pushetonequa to table the three homes (317 Springs Road, 1546 305th Street, 151 Meskwaki Road) that the Housing Committee referred to the Tribal Council for determination.

Troy Wanatee seconded. Vote: 4 yes, 0 no. Motion carried.

Recommendation for Assignment of 113 E. Village Road

Hilda Youngbear’s application has been approved as of today. She also has submitted a letter of interest for one of the units in the duplexes which will be reserved for the Seniors.

Housing Committee recommendations to the Tribal Council

6/19/2019

Meeting date: May 7, 2019

► Recommend the home site at 751 Meskwaki Road be awarded the right to occupancy to Mary Sanache as she is the primary caretaker of the enrolled children , fathered by Gerald Sanache Sr.

The child re n’ s’ primary home is with Mary per Iowa District Court order. (Policies & Procedures section 5-1 (c)) ‘If the parents share joint custody of the children, the right to occupancy of the home shall stay with the parent having physical custody of the children, unless the there is a court order or mutual agreement to the contrary’.

► Recommend the termination of the home and land assignment at 110 Deerfield Crossing, assigned to Ryan Papakee Sr., due to violations of the Policies & Procedures Manual, section 6-1 (a), (f)d, (1). ‘The home site shall be the assignee’s primary place of residence’. ‘Absence due to incarceration is exempted from residency rule with the following conditions: If the assignee is incarcerated and the home site is unoccupied or otherwise unused for a period of two or more consecutive years, the home site assignment shall be terminated’ . ‘If the home site assignee does not meet the required residency standard, the Housing Committee may recommend to the Realty Officer that the home site assignment be terminated’.

► Recommend the termination of home and land assignment at 443 Red Earth Drive, assigned to Larry Davenport Sr., due to violations of the Policies & Procedures Manual, section 6-1, (a), (b), (I). ‘The home site shall be the assignee’s primary place of residence’. ‘If the home site will be unoccupied for greater than 6 weeks the Meskwaki Housing Program must be notified and provided with an emergency contact in case of emergencies’. ‘If the home site assignee does not meet the required residency standard, the Housing Committee may recommend to the Realty Officer that the home site assignment be terminated’.

► Recommend the termination of home and land assignment at 256 Red Earth Drive, assigned to Eric Kapayou Sr. due to violations of the Policies & Procedures Manual , section 6-1, (a) and (I). ‘The home site shall be the assignee’s primary place of residence’. ‘If the home site assignee does not meet the required residency standard, the Housing Committee may recommend to the Realty Officer that the home site assignment be terminated’.

► Recommend the home sit e at 425 Red Earth Drive, previously Ellsworth Youngbear Sr .’ s home-site, revert back to the Tribe.

► Recommend that the Tribal Council make the determination of the home site at 317 Springs Road , previously Rodney Papakee’s home sit e.

► Recommend that the Tribal Council make the determination of the home site at 1546 305^th

Street, previously Talbert Davenport Sr.’ s home site.

► Recommend that the Tribal Council make the determination of the home site at 151 Meskwaki Road, previously Rita Papakee’s home site .

Meeting date: June 11, 2019

► Recommend the approval of the housing application for Derek Poweshiek.

► Recommend the approval of the housing application for Michael Youngbear.

► Recommend the approval of the housing application for Cheryl Wilson-Wright.

► Recommend the approval of the housing application for Hilda Youngbear.

► Recommend the approval of the housing application for Brannon Benson.

► Recommend the approval of the housing application for Delonda Pushetonequa.

► Recommend the approval of the housing application for Kerwin Davenport.

► Recommend the approval of the housing application for Leigh Lasley.

► Recommend the approval of the housing application for Stacy Youngbear.

Motion by Delonda Pushetonequa to approve the housing assignment of 113 E. Village Road to Hilda Youngbear. Troy Wanatee seconded. Vote: 4 yes, 0 no. Motion carried.

Meskwaki Housing Program – Approval of Improvements to Homes

Kent Scheid, Housing Director, states that there is funding needed to upgrade and rehab 20-30 houses with upgrade and repair needs to the siding, windows, and doors. The estimated amount per home is $11,396.67.

Motion by Delonda Pushetonequa to approve an addition to the current budget to replace the windows, doors, and siding on these homes. Dawson Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

Meskwaki Natural Resources
1. Resolution 15-2019 Grant Application for Bat Population

Jarrett Pfrimmer, MNR Director, presents a request to apply for a grant to conduct an assessment on Bat Populations on the Settlement.

Motion by Delonda Pushetonequa to approve Resolution 15-2019 To Accepting Funding from the Department of the Interior. Troy Wanatee seconded. Vote: 4 yes, 0 no. Motion carried.

Conservation Officer

This was discussed at previous meeting and work sessions.

Motion by Dawson Davenport to approve the hiring of the Conservation Officer with the modification of salary as proposed. Troy Wanatee seconded. Vote: 4 yes, 0 no. Motion carried.

Human Resources – GC Scale

Azadeh Tavakoli, Human Resources Director, presents the proposed amendments to the Gaming Commission salary scale.

Motion by Delonda Pushetonequa to approve the Gaming Commission salary scale as presented. Dawson Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

Construction Manager’s Access to FTP – MBCH/GC/TC/Exec

Bessie Scott, Executive Director, requests that the Construction Manager’s access to the FTP during the construction and renovation of MBCH. MIS had concerns with a remote access, but the solution is that he can be located on site. Bessie confirms that the tribe would buy his equipment. JoAnn Youngbear states that they had offered him a space but he expressed interest in working from his office. By setting up the Construction Manager’s office onsite, he can be given FTP access. Everyone agrees he will be set up onsite.

MSS Board Policy Approval

Chris Nydle presents the amended 2012 school board policy as the proposed policy to approve. The 2012 policy was the last edition prior to the major changes made in recent years. The 2017 approved policy is what changed the board from a 6-person school board to a 3-person advisory board. There were extensive changes to the scope and authority of the school board from that version to the following version. This 2012 version will be the starting point for a full review and any revisions. The new school board will be tasked with amending and revising the school board policies that get approved today.

Motion by Delonda Pushetonequa to approve the June 2019 Meskwaki Settlement School Board Policies. Dawson Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

Tribal Council Member bans from MBCH

There is a question and discussion from Tribal Council members about how MBCH bans are addressed when a Tribal Council member is banned. JoAnn Youngbear, Gaming Commission Chair, states that there is a Tribal Council Resolution that suspends all Tribal Council members’ bans for the duration of their Council term. This resolution is Sac and Fox Tribal Resolution Number 7-2016 Amending the Sac and Fox Tribe’s Gaming Regulations. The copy is located and read aloud. All are in agreement that this is in effect.

BIA Partners in Action Conference

Bessie Scott reported an update that this Conference was postponed with no reschedule date as of yet. Original intent for this discussion was to consider sending newer Council member or members. No action taken.

Motion by Dawson Davenport to reappoint Mark Bear and Celena Johnson to the Gaming Commission. Delonda Pushetonequa seconded. Vote: 3 yes, 0 no, 1 abstained. Motion carried.

Set next Tribal Council Meeting date

The next Tribal Council meeting will be on July 2, 2019. There will not be any work session on July 3-5.

Set Hearing date for 222 Deerfield Crossing

The Realty Officer has notified Executive Management that per the new Policies the Tribal Council will preside over the home-sites where the assignee passed away without a spouse or minor children residing in the home. The home-site at 222 Deerfield Crossing falls into this category. The hearing will be on Tuesday, July 16, 2019 at 1:00 p.m. Yolanda will notify Realty Officer.

The Davenport home-site hearing (from above) can also be set at this time per the Housing Policies. The hearing is set for Tuesday, July 16, 2019 at 1:30 p.m. and 2:00 p.m. for the interested parties.

Motion by Delonda Pushetonequa to enter Executive Session at 7:22 p.m. Dawson Davenport seconded. Vote: 4 yes, 0 no. Motion carried.

Motion by Delonda Pushetonequa to exit Executive Session at 7:34 p.m. Adrian Pushetonequa seconded. Vote: 4 yes O no. Motion carried.

Adjourn