The Rundown
Regular Bad River Tribal Council Meeting (June 2, 2010)
The Regular Bad River Tribal Council Meeting, scheduled for June 2, 2010 was slated for 18 items on the
Agenda; 16 items to be heard in Regular Session with 2 items in Executive Session.
Meeting called to order, roll call taken, all seven Council Members present.
Moment of Silence observed.
Financial Report:
There’s a tinge of puzzlement as to what the proper etiquette should be in regard to tonight’s presentation of the
Financial Reports. Adjustments were made by the Head Accountant but the Treasurer wasn’t informed of these
adjustments prior to this evening’s presentation. According to Mr. Nemec, these adjustments involved the Space
Cost, which he assumed were done monthly, when in fact it is done Quarterly. Treasurer felt the Financials
should be tabled as she was not informed of these adjustments. Mr. Nemec still feels confident, 'the numbers will
jive.'
Accountant Nemec reported a few inefficiencies to mention; the lack of reports to receive funding, lack of voucher
entries in the system.
Accountant Nemec also reported he is unable to determine an exact dollar amount owed because he keeps
‘finding stacks of old vouchers in the back room.’
Tribal Member mentioned the previous Accounting Specialist, Don Wilkes had a term for these kinds of
adjustments (plugs). Member stressed we need to be documenting these sorts of adjustments very carefully.
Accountant Nemec reported we still have monies and accounts open from 2009 & 2008, therefore we’re still
making adjustments to 2009.
Membership wanted to know what was being done about collecting some of our old debt. Member felt very
strongly against writing off old debt, as it involves a lot of money owed to us.
Member wanted to know if some of these early payroll and travel advances were going to be treated in the
criminal realm and gave reference to the shenanigans in Red Cliff.
Member questioned if such a write off would really be in the best interest of the Tribe.
Chairman Wiggins stated its an ongoing process in trying to recoup some of our money.
Membership raised question as to whatever happened to the Amnicon Bay money. Treasurer Burns indicated
some of that money was used with the submittal of the DRAX Wireless agreement.
Membership wanted to know why we are paying the Judgment Fund Committee and Coordinator year round.
Member stated to spend any money, the people have to hold a Referendum vote. Doesn’t see any reason why
there should be a committee meeting every month to determine how to spend Judgment monies when the
Referendum vote determines that very thing.
Chairman Wiggins stated the Judgment Fund has grown with investment and encourages the citizens to attend a
Judgment Committee Meeting.
Membership stated the committee actually has nothing to do with the investment of any monies, when in fact it is
the Bureau of Indian Affairs..
Motion made to table Financials. Motion carries.
Motion made to table minutes until next month. Motion passes.
Monthly Reports:
Monthly Reports were reviewed by Council. Question as to Surveillance Report. Surveillance will have Report
ready at next meeting.
Motion made to move Tribal Operations into Executive Session. Motion carries.
Membership reminded Council that some Departments didn’t have Monthly Reports ready last Month and were
instructed by Council action to give oral presentations this month. Council was unable to recollect as to whom
they instructed to give presentations this month. Council Member Connors stated he wasn’t in attendance last
month, as he was excused from the proceedings. No minutes from last month’s meeting are available. Those
presenters remain unknown at this time.
Chairman Wiggins spoke about the bi-weekly Departmental Heads meetings. Stated if anything was severely
wrong we would have heard about it.
Membership had strong concerns as to the Monthly Reports in regard to the format they are currently presented
(or lack thereof). Further felt these inadequacies directly infringed on the citizens right to audit our Tribal
government and its functions.
Approval of Agenda:
Added to tonight’s Regular Agenda is; Wordage of Lac Butte Pedestrian Trail Sign, Discover Wisconsin, Bayfield
Electric Resolution. Also the Clinic Architect will be pushed forward to Agenda item #1. Stricken from the Agenda
is the One Year Raffle Permit.
Additions were made to tonight’s Executive Session as well; Banking Proposals, Personnel, and the DOT
Construction Project.
Motion to approve tonight’s Agenda as amended. Motion carries.
Chairman’s Remarks: Chairman Wiggins spoke of yesterday’s Executive Session. Council pushed through a
13 hour meeting. Council discussed and reviewed 2010 Budget. However there was no outcome from the
meeting. There will be a new meeting scheduled for June 10th (Executive). Chairman further stated the Council is
fully aware of the Tribal finances and there is ‘a lot of work ahead of us‘.
Chairman mentioned a few of tonight’s topics should be interesting; Tribal Tax, Employee Rights.
Also mentioned were attempts to get the new Tribal website up and running, which is still currently being
developed. Spoke of a lot of misinformation and rumors afloat and the benefits of having the website up and
running to get info out to the public. Still a work in progress as getting something like this takes time and money.
In closing Chairman Wiggins gave a brief statement in regard to the ‘Recall’ signs throughout the Community
these past couple weeks. Stated if anybody feels that passionately about things, they can come before the
Council, as this Council is very open and stressed that communication is key.
Motion for a five minute recess. During the short break Odanah Police were called to the Chief Blackbird Center
as there was a malfunction with the fire alarm in the Court Room. Someone had inadvertently bumped and
triggered the alarm call button. Duly noted was the strange occurrence in regard to the receiving of sensitive
internal Casino Surveillance transmissions via the Court Room P.A. System.
Meeting reconvened.
5 Minutes:
* Member wanted clarification as to the rumored Employee pay cuts. Chairman stated we are confronted with the
reality of revenue vs. spending and the Administration is aware the Budget could spill directly into the Personnel
realm. There were discussions with central admin. In regard to those options and possibilities.
* Question ask in regard to establishment of an IDC rate. Membership informed this task could take up to six
months possibly.
* Member was strongly concerned about the recent BP Oil spill and the current and long lasting effects the spill
will have in regard to our numerous species of waterfowl. Member called for an immediate proactive approach to
protect these waterfowl.
* Tribal Member wanted to know what the status was in regard to previous requests of the establishment of a
land committee; in accordance with our Constitution. Further stated this land committee could have more
appropriately dealt with the 23,000 acre land purchase. Member felt this acquisition was improper and we are still
paying on it. Also felt very strongly that better oversight is needed in regard to land acquisitions, titles, etc.
* Member requested more information to the Community from our Fish Hatchery. Commercial Fish Farming
possibilities discussed. Chairman Wiggins stated he has in fact requested info in those regards from Tim Watson.
Member stated it was his belief that one person (Head of Natural Resource Office) has historically lobbied against
commercial fish farming and has single-handedly kept this approach at a standstill.
* Member raised concern as to the lack of information from Council to the Community in regard to the Beloit
Casino Project. Member feels its a ‘slap in the face’ to read about the project through other community
newspapers.
Chairman Wiggins offered a brief Beloit update. Stated during some recent talks, Ho-Chunk abruptly pulled out of
their discussion. Tribal Council has since formulated and issued a letter of opinion, in which our Council has
identified the words of the Ho-Chunk Nation have been ‘contradictory to how they presented themselves.’
Chairman further stated since the issuance of the letter, “things have been eerily quiet.”
* Tribal Member made note of derogatory remarks made by Chairman at previous meeting, which were directed
towards the Treasurer. Member stated he didn’t appreciate what was said in regard to statement made in
reference to his daughter, ‘what planet are you on?’
Chairman stated we have a passionate Council that feels very strongly about issues and sometimes it is easy to
get caught up in the heat of things.
* Member stated the once approachable new governance is now deteriorating. There has become a lacking in
communication and Tribal Member’s questions are often times met with vague responses. Member feels the
Community’s needs aren’t being met in those regards. It is also apparent the Treasurer has a difference of
opinion at times and the Community sees her as being treated with difference at times.
* Member raised concern over the lack of jobs/training for our people at the Casino. Member is also asking for
stronger responses/actions from Council involving membership concerns.
Chairman Wiggins stated ‘this Council is working their tails off and earning their stipends‘. They are working to
meet the needs and concerns of the Community plus they also have an Agenda to follow. His Administration is
trying to communicate through the formulation of a new Website. In regard to the mistreatment of the Treasurer,
things do get heated from time to time.
Discussion went sideways as a heated argument erupted between Tribal Operations Manager and Treasurer.
* Tribal Member requested an update of previous request for a historical accounting of our Casino Enterprise
monies, as the 120 day deadline was up. Member announced a formal petition in regard to a Capital Dividend
Distribution Payments Referendum. Tribal Member commended the previous Councils that functioned prior to
Indian Gaming. Stated they stuck to their Budgets without any bump in salaries. Also spoke about her perception
of the younger generation’s feelings of ’no sense of Community’, Member felt very strongly as to what the
younger generations will be left with, as we are currently spending everything.
Chairman Wiggins stated he would be strongly opposed to any Dividend Distribution and that we can agree to
disagree.
* Tribal Member raised concern over Casino marketing strategies in regard to the Direct Mailing Promotion,
stated ‘we are giving the ship away’.
Chairman stated with the busier season upon us, the marketing strategy will be toned down somewhat. Also a
point to mention was the posting for a professional Marketing Director, as Chairman assured the Membership his
Administration is ‘not ignoring concerns’.
* Member brought forth disappointment in regard to overall Casino cleanliness and customer service. Member
recounted personal story involving inappropriate customer service.
Chairman Wiggins assured Member he will speak directly with Casino Management in regard to improving these
issues of concern.
* Membership professed dismay in regard to wasting our money in Beloit while our Casino in Bad River is falling
apart. Gave direct reference to ‘stained toilets being propped up with wooden blocks’.
Chairman stated this is due to ‘a decade of neglect’ and the challenge now is, where do we get the money for
these things.
Regular Agenda:
1) Clinic Contractor Selection: Jackie Rose - Looking for Council support with continuing talks with
Shingobee Contractors. Shingobee is looking to work with our Tribe in the construction of our new Clinic. It was
explained, in order to maintain original bid price, there has been a bit of a ‘balancing game‘. Aesthetic reductions
versus much needed mechanical upgrades. These reductions would not hinder overall square footage or building
efficiency. For example, exterior canopies were removed, while electric, water, and septic upgrades were added.
Shingobee stands firm not to go above and beyond contract price. Contractors can also give training to our
facilities staff/maintenance walkthroughs/tutorials. Shingobee needs the go ahead to proceed with pre-
construction details and pricing.
Housing Board Chair brought up a possible eligibility for New Market Tax Credits through Low Income Housing.
Jackie Rose stated we are in fact eligible for said tax credits but couldn’t pinpoint the reason why we would set
that possibility aside, although it was believed to have ‘something to do with the waiver of our Sovereign Immunity‘.
Membership felt we should check further into this, as this is a five million dollar deal.
Motion to approve continuing talks with Shingobee. Motion carries.
2) Number of Applicants for Nov. Election Ballot: Barb Smart & Theresa Couture - 224 applicants for
approval with 1 incomplete.
3) Relinquishments - were read and approved.
4) COPS Grant: Hope Miller - Presenter looking for Council to authorize COPS Grant submittal for Public
Safety Enhancement Project. Utilizing funding to add a conservation officer. Chairman concerned in regard to
officer safety and working in remote locations (under-staffed). Training certifications discussed. Resolution to
authorize grant submittal read and passed.
5) Tribal Aging & Disability Resource Specialist Resolution: Hope Miller - Looking for Council
Resolution to allow grant (AARDC) submittal for aging specialist. This would be a $40,000 matching funds grant
to fund a much needed position for services in our Community. Specialist would facilitate possible resources for
our Elderly & Disabled throughout our Community. Discussion in regard to position oversight. Tribal Elder
requested Council & Elder Advisory Committee to have a sit-down to discuss as to whom would have supervisory
oversight in regard to the specialist position. Resolution to allow grant submittal read and passed.
6) Resolution for Consideration of Participation on Energy & Public Benefits Programs by Bayfield
Electric - Involves the investigation of benefits of participating in ’Focus on Energy and Public Benefits
Programs’. The information derived from this study may benefit individual residents and businesses located on
the Reservation. Resolution read and passed.
7) Bid Selection Community Center Roof: Hope Miller - This involves the utilization of ARRA funding
($52,000) to repair the damaged roof of the health wing section. Looking to approve contractor for project.
Resolution to approve Chippewa General read and passed.
8) 2010 Budget: Ken Nemec - Accountant Nemec discussed the approachment process, which was a
collaboration of various Department Heads which included individual fat trimming. Department and Program
Budgets were resubmitted, reviewed and amended again. We haven’t got through the Budgets yet. However, we
are very close to satisfactory completion. Next Budget meeting is scheduled for June 10, 2010 (Executive)
Accountant Nemec stated in 2006 the IDC was approximately $700,000 and it has doubled year after year to
approximately $1.48 million. Also noted was the 3% salary increase at the executive level.
Discussion on the conversion to the new MIP software. Accountant Nemec stated its an ongoing process to
convert to one General Budget.
Membership once again brought up their dismay of writing off old debt. Accountant stated there are currently no
policies in place to collect bad debt. Membership stated indeed there were but they were not being followed.
Membership raised question as to where the missing $13 million dollars went back in 2006. No good answer could
be given, as it was prior to the new Administration. Membership turned their questions to Council Member,
Bonnie Greene, who also incidentally works and had worked in Accounting at that time. Council Member Greene
stated she didn’t know. Membership stated she must have known something was amidst. Council Member Greene
stated that other previous Council Members should have known that something was wrong then too when the
Financials were read at that time.
Chairman Wiggins noted the ’fiscal irresponsibility’ of the past Administration and said a lot of this is due to no
revenue and overspending. Chairman explained to the membership, this Council is now left to deal with this and it
has been an ’intense few months’. This Council will have to make decisions that are not popular, not easy, and it
will be painful. But in regard to where the money has gone, there is a ‘commitment to find out’ and ’its a time for
action.’
Accountant Nemec also reported on a few areas of concern. Nemec stated he has ’discovered quite a bit in the
back room.’ Additionally there are $300,000 in unpaid bills to various enterprises for 2007, 2008, and 2009. Also
made note that we are currently paying off debt for years already signed off on and due to mishandling of reports
and lack of entries, ‘we have lost a lot of state funding for programs.’
9) Indirect Cost Proposal: Ken Nemec - Proposal is culmination of collaboration with Falmouth. Reviewed
each line item, line by line. Will be able to utilize this as a stepping stone for future IDCs. Looking to submit ‘06,
‘07, ‘08, ‘09, & ‘10 all at once. Upon completion of this, Mr. Nemec will be able to perform this task. Discussion on
which salaries are paid through the IDC. Resolution to accept 2006 IDC Cost Proposal for submission to the
National Business Center (NBC) read and passed (4 years later).
10) Leases: Marge Lemieux - 2 leases approved. 1 lease rescinded. 1 lease tabled and more info was
requested, as the recent Cobell victory may come into play.
11) 3 year Revocable Limited Use Permit (Three Fires Midewiwin Society): Edith Leoso - looking for
limited use permit for Three Fires ceremonies. Usually this is done yearly, but the permit has been bumped to 3
year term for practical purposes. Some wording needed to be revised; ’exclusively’ termination protection clauses
also revised. Question raised as to why Three Fires needs to ask permission. It was explained that its because
there are some non-members within the Society and there are some trespassing ordinances that come into play
and need to be addressed through proper channels. Resolution to grant 3 year permit read and passed.
12) Lac Butte Road Sign: Edith Leoso - New bridge and pedestrian trail is being constructed on the Lac
Butte Des Morts Causeway. Standing Stone Architectural Design has invited the Tribe to participate in the new
project. The project calls for our input involving a sign dedicated to our Tribe along the walkway. A proposed draft
was presented by Mrs. Leoso which Tribal Elder, Bob Powless also reviewed. There was some Council and
Community concern as to the proposed wordage of the sign. It was the general feeling that when describing
ourselves, we shouldn’t associate with Ashland or Iron counties, but assert ourselves as our own Sovereign
Nation. Also we must take caution in characterizing ourselves with the present businesses, as the sign will be
there a long time. Also their was Community suggestions in regard to descriptive words for our people;
‘Anishinabe or Great Ojibwe.’ Chairman stated the draft is a great foundation but there is a little more work
needed with this. Preservation Officer instructed to revise and communicate back to Council. Will poll vote
through Executive Secretary and look to ratify at the next meeting.
13) Discover Wisconsin: Edith Leoso - Presenter stated we have an opportunity for our Tribe to be
featured on the ‘Discover Wisconsin’ television series. This opportunity also gives us radio commercial play and a
15 minute web clip on the ‘Discover Wisconsin’ website. This will entail a $9,000 investment on the Tribe’s behalf.
Council informed that program monies could be utilized involving this venture. However, Mrs. Leoso would be
asking for reimbursement of half the money through Casino funds. Motion to proceed with this venture with the
stipulation of a $4,500 payback. Motion carries.
14) IHS Priority List for Services: Derek Nelis - Mr. Nelis presented the 2010 wells/septic scattered list (35
homes) for Council approval. This list is based on; date of application and site preparedness. This endeavor
involves IHS and ARRA funding. Motion to approve list made. Motion carries.
15) Cigarette Licenses - 4 annual Cigarette Licenses were approved for this year.
16) Department of Revenue Tax Interception: Erick Arnold - Tribal Legal looking for Council Resolution
(Memorandum of Understanding) to enable the interception of tax refunds for individuals indebted to the Bad
River Nation. There is no biased determination, this will be across the board, as there is a formalized process in
these regards. Resolution read and passed.
17) Bad River Sales and Use Tax Ordinance: Erick Arnold - Tribal Legal looking for Council Resolution to
enable a 5.5% (recommended) sales tax on the sale of goods or services for non-members and vendors. There
are however some restrictions in regard to; cigarette taxing, fuel sales, Tribal cultural & historic events, and
tickets for events/entertainment at the Casino (the idea being, these entertainment events are things to bring in
customers). The new imposed ‘Tribal Tax’ will essentially awash any state imposed taxation and bring revenue to
our Tribe. Taxation possibilities discussed, Bayfield Electric, Lodging, etc. The Tribe could also impose a lodging
tax (1.5%) on top of the 5.5% tax. Discussion as to the preparedness of our Accounting Dept. in regard to the
recieptment of Tribal Tax revenue. Membership brought up concerns about the Tribe having a tax use plan
established, as there has to be a full accounting of where these monies will go and how they will be utilized.
Member advised the Council to simply follow the Corporate Charter in these regards. Resolution read and passed.
18) Tribal Employment Rights Office: Erick Arnold - Looking for Council action in regard to the
establishment of an employment ordinance office which will assist contractors in the hiring of Tribal Members.
This would give direct ordinance involving Tribal Member preference and open up employment opportunities for
our people. Membership informed Council there was an existing ordinance to that effect, which we should already
be following. Resolution revised to supersede any previous ordinance. Resolution passed.
Meeting went into Executive Session around 11 PM.
Quit copying my Homework.... ; )