- The Rundown
- Bad River Tribal Council Meeting July 14, 2010
The regularly scheduled Bad River Tribal Council Meeting held on July 14, was slated for 22 items on the Agenda; 16
items in Regular Session and 6 items in executive. Item #15) Financial Services Refinancing Resolution was stricken.
Added to Regular Session was the Mill & Overlay Project (#17). Agenda item (#5) Summer Youth Personnel issues,
has been rescheduled to the Gaming Commission Meeting. Also tonight’s Executive Session will be recessed and
heard tomorrow evening.
Roll Call taken. All seven Council Members present.
Moment of Silence observed.
Financial Reports were tabled.
Minutes were reviewed and corrections discussed. Minutes approved.
Monthly Reports: Monthly Reports were reviewed. Ken Nemec (Accounting) and Erick Arnold’s (Attorney) reports
were unavailable. Tribal operations Manager relayed some concerns to Tribal Council in regard to misdirection, being
told one thing and then directed to do another, etc.
Agenda approved as amended.
Chairman’s Remarks: Chairman Wiggins addressed the Nation on various topics. Chairman gave a brief summary
of the GLITC meeting. Also touched upon D.O.T TERO/Employment issues. The paving on Government, Ackley,
Kagerville, and McDonald Roads were discussed. Also gave a brief recap of the Tribal Council’s recent tour of the
Lac Du Flambeau Medical Center. Chairman Wiggins also gave an update on our current negotiations with SMDC in
the debt of $1.2 million which $232,000 was negotiated down. Also stated MMC is unwilling to negotiate our old debt
of approximately $500,000. As it was explained, the bills weren’t being paid and accrued because our records are a
mess from our clinic fire and currently there are unpaid bills still being found in boxes. In these regards, Chairman
Wiggins spoke of a possible future meeting with Community Health Services on the topic of ’Debt & Accounting’ for
our people to have a ’Q&A’.
5 Minutes:
* Community Member raised concerns about our billing practices. Also raised concerns about speed limits in the
area of Casino & IGA in regard to the D.O.T. Walking Trail. Tonight’s Sea Lamprey Presentation was also brought
up. Member was concerned about the chemical applications and mercury contamination. Member urged Council to
think very carefully before approving this proposal.
* The topic of forming a Land Committee was again brought before Tribal Council. The Judgment Fund Committee
was also discussed. Coordinator being a salaried position was brought up. Member also professed concern as to the
shambled state of our Cemetery.
* Land Committee was again brought up as Member made references to various instances of illegal sales of Indian
lands and the need for such a Committee in regard to title searches.
* Brief discussion on the Cobell case in reference to land issues.
* Member brought up the Judgment Fund. Raised issue as to how our monies are being spent. Gave direct
reference to incidents involving dinners at ’The steak Pit’ attended by Fund Coordinator, Administration, Council, &
their families. The need for a Land Committee was again expressed. Member demanded Council action. Chairman
reassured the Community he will have more info & research available at the next Tribal Council Meeting.
* Community once again professed the need for a Business Committee. Stated there have been obvious delays in
Council actions historically. Also expressed the need for another Grant Writer. M.A. Billing was also discussed. Also
discussed were Tribe-wide employee wages, low wages for some, while other’s were high. Tribal Operations Manager
stated our Tribal wage rate will soon be addressed, also noted there is a Community Developer in future plans.
Council recessed for a short 5 minute break.
Regular Session:
1.) Wisconsin Native Youth Tobacco Survey Results: Theresa Barber - Council was presented with survey
results for review and discussion. Mrs. Barber spoke about the dangers of second hand smoke and expressed
concern for government action on the topic of a Tribe-wide non-smoking ordinance. Stated the ordinance should also
include our Casino, Convention Center, and Lodge. Chairman mentioned the survey information would be a good
topic of conversation and would be shared at the next Prevention Coalition Meeting. Tribal Member requested if the
data could be shared with our Education Committee as he was concerned about communication between the schools.
Chairman stated the information chain goes through our J.O.M. from the Education Committee to the School Board.
Also on the subject of communication, the Education Committee will start submitting minutes to the School Board.
*Chairman’s Side Note: Our J.O.M. Committee currently petitioning the Ashland School Board to submit to the
School District Clerk for placement on the Agenda for the August meeting (second Monday). At this time we are
looking for 100 signatures. Also looking to bus our citizens to that meeting for Community-wide support by show of
hands when the vote is called. This will enable us to collectively regain an apportioned seat. This will give us
representation of the Town of Sanborn so our voice and concerns are met with an equal representation.
2.) Integrated Management Plan for Controlling Sea Lamprey in Bad River: Tim Wilson/Mike Fodale: -
Tribal Council was presented with a management plan which addressed the control of the sea lamprey population
through the administered treatments of a lampricide agent known as TFM. Only looking to present the proposed plan
tonight, not looking for any Council action or approval. Several pertinent opposing points were weighed tonight.
Community is concerned about the short term and long lasting effects this chemical agent will have in regard to
citizen consumption, environmental impacts, water quality, inadvertent endangerment of our various native species.
Community also strongly advocated the need for a less environmentally hazardous alternative approach to control
this invasive species. Presenters stated there are some casualties regarding native organisms; mussels, salmon,
sturgeon. Presenters also gave answer to direct concern regarding our Bald Eagle. Presenter stated the lampricide
agent does affect the number of hatchlings after the first year of the TFM application (don’t produce as many).
However after the initial decline, there is a slight resurgence in production. On the topic of toxicity, reference was
made to exhaustive testing of various lampricide agents back in the 1950’s, where TFM was found to be the most
effective and the safest. Presented also stated this is the third year of testing in regard to pheromones another
possible alternative. Staying on topic of alternate methods, possible weir system was mentioned. This weir method
was originally turned down by Membership as the Community felt this would affect our river usability for fishing
purposes. Their was a brief mention at one time of an inflatable weir, but it was abandoned to feasibility issues.
Chairman Wiggins requested more information in regard to dietary consumption of agent exposed fish and would also
like to see some data on the surrounding tributaries.
3.) Clinic Issues: Deb Tutor - Mrs. Tutor presented several points of concern before Tribal Council. First and
foremost, a resolution is needed to approve last year’s budget. This resolution is vital as it is needed in order to
receive IHS funding. Budget submitted for Council review. Budget for the 2010 fiscal year also submitted for Council
review and comment. It is approximately $8,000 dollars more. $200,000 has been earmarked for startup seed money
for our dental care. We were also able to free up additional monies for our pharmaceuticals. There was a Community
concern in regard to Optical care. Mrs. Tutor addressed this need with a budget increase for optical funds. If our
optical funds surpassed the budgeted funding, we would have the ability to utilize some monies from Contract Health.
This marks the very first year our Clinic Administrator has done the IHS Budget. $40,000 has been budgeted for
Optical, this is about a $5,000 increase over last year. This year, $125,000 has been budgeted for our Dental
($15,000 had been the previously budgeted norm). There is zero funds available for Diabetes. However, no diabetic
will be turned away for optical care, as this has been rumored in the past. Mrs. Tutor stated, historically there has
been a lack of budget enforcement. The previous Budgets do not depict the actual monies spent. With that respect,
when the Budgets are drafted and an allotted monetary amount is passed, our historic trend has been to spend in
excess with disregard for the budgetary process, thus defeating any real accounting of monies spent. This has
ultimately led to our long standing practice of operating on priority 1. Mrs. Tutor has taken measures to end this
practice by drafting our new Budget extensively and professes the accounting of every penny. Resolution to approve
2010 IHS Budget read and passed.
Tribal Member asked if Tobacco Survey information could be utilized to facilitate more funding for our Tribe. Mrs.
Tutor stated she does not have enough time to pursue these monies as she is overwhelmed with work already. Mrs.
Tutor did however mention the responsibility could perhaps fall on the shoulders of the Department Heads.
Resolution to approve 2009 Budget read and passed.
Mrs. Tutor presented the possibility of providing clinic services to non-members, especially Tribal employees with our
health insurance, or spouses of Tribal Members. Stated we already are currently treating some members of other
tribes. A heated debate ensued about clinic wait times and prioritizing Tribal Membership vs. Non-members. Also a
brief discussion on the waiver of non-member co-pay.
Tonight Mrs. Tutor would also like to address the topic of patient no-shows for clinic appointments. Looking for
Council support in enforcing a policy to allay this problem. Discussion on parameters and circumstances involving no-
shows. A no-show will be applicable when a patient does not cancel an appointment. Children will not be penalized as
this policy does not include children. Three no-shows within a thirty day period will result in enforcement of policy.
The period of enforcement will be thirty days from third offense, during which time the patient will only be seen on a
walk-in basis. Council has instructed staff to make mandated courtesy calls to patients.
Mrs. Tutor also identified communication problems. Stated there currently is no consistent way to get information out
to the Community. Discussion involving possible ways to get this information out; Newspapers, Daily Press, LCO
Times, patient handouts. Chairman Wiggins also mentioned the Tribal Website that is in the works for the very near
future.
Looking to get our Dental going. Dental has been budgeted for the year ($125,000). Equipment cost will be taken out
of Clinic startup money. We have 4 dentists highly interested in working with us. This is very time sensitive, they want
to start now. We could possibly be ready as early as December.
Also looking for Council support for Duluth Clinic enforcement of our no purchase order, no service policy for
scheduled appointments.
Currently looking for proposals to put the Medicare D Plan finally into play.
Mrs. Tutor also addressed some pharmacy issues. Stated Huhns Pharmacy is changing ownership. These changes
will be full force by the end of August. Looking into possible business partership with Walgreens or Walmart. Question
raised by Chairman as to whether RFP Procurement Policies would be applicable here. Instructed by Chairman
Wiggins to researched this matter with Tribal Attorney.
Motion to support these points of concern. Motion carries.
4.) Ricing Committee: Erick Arnold; Tim Wilson; Erv Soulier - Looking to approve the formation of the Ricing
Committee. Chairman stated this system isn’t flawed as it has worked real well in the past. Also gave
recommendations in order to expedite the process. The Chairman’s own recommendations are; V. Neveaux, H.
Butler, M. Denomie, E. Plucinski, S. Plucinski, M. Burns Sr, B. Powless, D. Jackson, and Vice-Chairman Lemieux
(serve as Council Liason). Short discussion on the operational process of the committee. There are no by-laws.
Committee generally consists of Elders, with the exception of a few in the past. Committee Members are typically paid
a $20 stipend per boat trip. Motion to delegate authority for this year. Motion carries.
5.) USEPA Funding Proposal: Tribal Capacity for Lake-Wide Basin Programs: Jason Ritter - This plan will
enable us collaborate along side the United States and Canada to form a lake-wide management plan for Lake
Superior. This plan would include but not limited to policing aquatic invasive species, mining, chemicals, etc. Motion to
approve submittal. Motion carries. There was a heated debate as Tribal members felt it was an unconstitutional
approach in regard to the way this particular presentation was carried. Only after Resolution was read and passed
was there an explanation offered to the Community as to exactly what this particular presentation was about.
Membership felt very opposed to handling our presentations and resolve in this fashion, as it was stated this practice
takes the Membership’s right to audit away.
6.) Food Distribution Budget request: Milisa Corbine - The Budget for fiscal year 2011 was presented to
Council for review and approval. The topic of 25% matching funds came up. This match isn’t necessarily a full
monetary contribution, this could be in the form of facility charges, services, etc. There is a clause that states if the
Tribe gives full divulgence of financial information, there can be a waiver of contribution. The Budget has been
submitted to Accounting since June 15. Resolution to approve budget read and passed.
7.) Underage Drinking Ordinance: Joann Barylski; Erick Arnold - Looking for Council support to pass an
ordinance prohibiting the consumption of alcohol for people under the age of 21. Mrs. Baryski referenced alleged
incidences of underage alcohol consumption at our Community Center. Stated it was impossible to fathom every
single minor in attendance was accompanied by a parent/legal guardian. Stated authorities currently do not have an
ordinance to empower them to prohibit this behavior. Stated their were incidences of minors drinking themselves sick
and urinating themselves at seven different graduation parties. Would like to see Council enact proposed ordinance
which we could enforce through our Tribal Courts; forfeitures, community service, imprisonment. There was a brief
discussion as to the interpretation of tribal ordinance vs. State ordinance. Chairman stated we must approach
enacting ordinances that may conflict with the state’s interpretation with caution and gave a hypothetical instance
which provided an example of ramification. Membership was concerned as to how our courts will enforce these
sentences handed down, as currently there are already enforcement problems involving our laws and court system.
Chairman Wiggins thanked presenter for her passionate approach and invited Mrs. Barylski back next month to
present more information and research on this topic.
8.) Clinic Fire: Erick Arnold; Denise Gilles, Jackie Rose - Presenters offered a brief update in regard to the
clinic fire insurance claim settlement. We were able to get some additional figures amended to our insurance claim
which actually turned out to be a substantial amount of unclaimed money through the pharmaceutical portion of the
adjustment, which was not originally reported. Initially we were offered a settlement in the amount of $342,000.
However, at that time we decided to research and investigate through inventory if everything had indeed been
captured. In analyzing this data with due diligence, Mrs. Tutor and Mrs. Gilles were able to increase this settlement
offer. Upon finalizing the claims settlement, we would receive approximately $195,883 and then after we send
payment out on the new clinic, we will receive $320,377. We have received a payment in June of 2007 in the amount
of $677,527 and a secondary payment of $250,000 in September of 2006. Not all of this money was spent. Some has
funded our temporary modular clinic, pharmaceuticals, and some renovations for our pharmacy. We need a formal
letter of acceptance with letterhead in order to finalize. Management is confident we have exhausted all possible
additional monies. Motion to accept settlement offer. Motion carries.
9.) Elderly By-Laws: Charlie Wiggins - Elderly Advisory Committee presented amended By-Laws for Council
review and approval. Explained revisions made. Short discussion on term limitations. Powers and duties of officers
were discussed and explained briefly in regard to the secretary submitting minutes to Tribal Council. Also a brief
discussion on the Budget. Motion to accept amended by-laws. Motion carries.
10.) Elderly Center Use Policy: Charlie Wiggins - This has been a long standing discussion by Elders during
several of their meetings. Tonight Elderly Committee is looking for Council approval for Elderly oversight (authority) in
regard to usage of the Elder Center. In this proposed usage policy it covers; usage of equipment and facility. This
policy will ensure there will be no hindrance of Elderly programs and functions. The ultimate decision will be made by
the Aging Director who will be acting on the will of the Elderly Committee. Motion to adopt Usage Policy. Motion
carries.
11.) Housing BIA Modification Resolutions: Paul Arbuckle - Tabled until tomorrow night’s Special Executive
Session Meeting because there was issue raised as to changes made on the lease documents. Council would like to
review these changes accordingly. Also check if there are already previous Resolutions in regard to these leases.
12.) Drum Group: Jan Madosh Smart - 45 people are interested in making a spiritual pilgrimage to Kansas,
Nebraska. Seeking funding from Tribe to help with the cost of food, lodging and gas. Brief discussion on the logistical
challenges involved with getting a confirmed budget in place. The high end figure would be approximately $10,000,
while the considerably lower end would be roughly $4,000. A brief summary of the history surrounding this journey
was discussed and a letter to Council from the Drum Group was read. Motion to approve $5,000 with a $1,000
contingency. Motion carries.
*Side Note: Community gift drop off point will be with Barb Smart at the Chief BlackBird Center.
13.) Leases: Marge Lemieux - Leases were reviewed and approved.
14.) Health & Wellness Center Contract follow-Up: Erick Arnold - Last month Council was presented with a
standard AIA dispute resolution agreement. At that time there was a limited waiver of sovereign immunity involved with
the enforcement portion of proposed agreement. It was our firm stance there will be zero waiver and the protection of
tribal assets is key. After going back to the negotiation table, Shingobee Builders guaranteed and agreed there would
be no waiver involved in our dispute resolution. The dispute resolution centers around the idea of resolving disputes
without legal disputes. Motion to approve Resolution. Motion carries.
15.) Approval of New Positions : Cheryl Cloud Westland - 2 Seasonal Roads Laborers (ARRA Funds): Motion
to approve positions. Motion carries.
3 Domestic Violence Program Shelter Positions: Motion to table positions. Motion carries.
16.) WI D.O.T. Mill & Overlay: Erick Arnold - This item has been tabled by Council due to the need for more
research in regard to contract clauses. Tribal Operations Manager will work alongside Tribal Attorney with this
research and report back to Council during tomorrow night’s Executive Session.
Meeting recessed around 2 am.