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October 1996
Cherokee Nation of Oklahoma
Tribal Council Meeting Minutes

Transcribed by Franklin Mclain
Assistant Editor for the Cherokee Observer


MINUTES OF REGULAR
TRIBAL COUNCIL MEETING
OCTOBER 7, 1996 - 6:00 p.m.

CALL TO ORDER:

President Eagle called the meeting to order at 6:20 p.m. in the Tribal Council Chambers, N.W. Keeler Complex.

INVOCATION:

The invocation was given by Rev. Virgil Holcomb.

ROLL CALL:

Roll call was given by Gina Blackfox, Legislative Aide. The following members were present:

  1. Bill John Baker
  2. Mary Cooksey
  3. Harold DeMoss
  4. Barbara Conness
  5. Troy Wayne Poteete
  6. William Smoke
  7. Sam Ed Bush
  8. Don Crittenden
  9. Paula Holder
  10. Harold Phillips
  11. Barbara Starr-Scott
  12. Dora Mae Watie

A quorum was established with thirteen members present. Councilman Hoskin arrived shortly after roll call. Councilmembers Glory and Lay were unable to attend.

APPROVAL OF MINUTES:

With no corrections or additions to the minutes of September 16, Councilman Bush moved for the approval. Councilman Baker seconded. Minutes adopted as presented.

STATE OF THE NATION ADDRESS:

Chief Byrd reported the Cherokee Nation staff have done an excellent job in registering new voters and in emphasizing the importance of the native vote. According to the Registration Department, there are 138,000 tribal members over the age of eighteen. The Senate recently heard the 1997 Appropriations Bill. Cherokee Nation has strongly opposed several amendments. The Istook-Presler Amendment was the most devastating dealing with Land in Trust and Taxation issues. He stated this amendment was defeated last week. Cherokee Nation worked very hard in opposition of this issue and he commended those involved for their efforts. He requested the President of the Council to read the letter of resignation from Tina Mae Glory as D#l Council Representative. Chief Byrd stated this removes any conflict or nepotism and requested the concurrence to reappoint Tina Glory Jordan as District Court Judge. Councilman Phillips moved for the affirmation and Councilman Crittenden seconded the motion. Motion carried with eleven (11) yeas; one (1) nay; one (1) abstention.

COMMITTEE REPORTS:

Councilman Poteete reported the Rules Committee reconvened prior to the Council meeting. An Act amending the Cherokee Nation Code regarding employee administrative procedures act was reviewed. Councilmember Scott moved to consider this legislation first on the agenda. Motion was seconded by Councilman Poteete. Motion carried with one opposing.

1) An Act Amending Cherokee Nation Code Annotated, Title 51, Chapter 10, Employee Administrative Procedures Act/LA#20-96

Councilman Poteete moved for the adoption of the legislation. Councilmember Cooksey seconded the motion. following:

Bill John Baker
Harold Phillips
Mary Cooksey
Paula Holder
Barbara Conness
William Smoke
Nick Lay

The legislation Was none opposing.

Yea
Absent
Don Crittenden
Dora Watie
Sam Ed Bush
Troy Poteete
Barbara Scott
Harold DeMoss
Charles Hoskin
Yea Yea Yea Yea Yea Yea Yea

as approved by a vote of thirteen (13) yeas;

2) A Resolution to Disavow Claims that the Southeast Native American Alliance is Authorized to Speak on Behalf of the Cherokee Nation/R#98-96

Councilman Poteete moved to approve the resolution informing all entities that neither the Southeast Native American Alliance or any other group is authorized to speak on behalf or represent the Cherokee Nation. Councilman Baker seconded the motion. Motion carried.

MONTHLY REPORTS:

Virgil Holcomb provided a brief report on the Sequoyah High School Chapel. He reported they continue to encourage students to attend services. The attendance is greater at the Wednesday evening services. Presently, Mr. Holcomb is serving as the Chaplain. He expressed his appreciation to those who have been so supportive. On November 9, a gospel singing will be held at the chapel.

HOUSING AUTHORITY: JOEL THOMPSON, EXECUTIVE DIRECTOR

In the absence of Joel Thompson, no report was given.

BIA/SELF-GOVERNANCE: DENNIS WICKLIFFE, SELF-GOVERNANCE SPECIALIST

Dennis Wickliffe reported the 1997 budget is in place. The budgets for the self governance tribes are being finalized. On October 16, the Muskogee Area Office will host a tribal leaders meeting at the NSU campus. The 1997 budget and the tribal shares process will be discussed at this meeting.

CHEROKEE NATION ENTERPRISES: GERALD CANTRELL, CEO

Mr. Cantrell provided a brief history and financial overview of CNE. The net worth has increased by over 3m dollars. The debt/equity ratio in 1995 was 6 to 1, currently, the ratio is 10 to 1. The current cash is 1.2m dollars compared to am dollars in 1995. They have increased the asset base. Overall, Cherokee Nation Enterprises continues to grow. The Catoosa bingo hall set a record in one day sales of $104,000 dollars.

Councilman Hoskin reported the CNE Board approved $15,000 dollars to be used toward educational scholarships. A total amount of $1,000 dollars will be distributed to each council member who will award students within their districts. They challenged the Council members to match these funds.

ACTION OF UNFINISHED BUSINESS:

None pending.

NEW BUSINESS:

3) A Resolution Authorizing the Community Development to Accept Community Service Block Grant Funds for FY'97/R#99-96

Councilman Hoskin moved to approve the resolution to submit an application for CSBG funds. The amount requested is $30,000 dollars and requires no matching funds. Councilman Bush seconded the motion. Motion carried.

4) A Resolution Authorizing the Tribal Services Department to Prepare and Submit an Application to the Department of Health & Human Services for New Funding from the Child Care and Development Funds/R#100-96

Councilman Hoskin presented the resolution authorizing the submission of a grant application. Councilmember Scott moved for the adoption. Councilman Baker seconded. Motion carried.

5) A Resolution Authorizing the Tribal Services Department to Prepare and Submit an Application to the Office of Juvenile Justice and Delinquency Prevention for Funding to Begin a Juvenile Mentoring Program (JUMP)/R#101-96

Councilman Hoskin presented the resolution authorizing the submission of an application to the Office of Juvenile Justice and Delinquency Prevention. The grant amount is $190,000 dollars for a three year program and requires no matching funds. Councilman Phillips moved for the adoption and Councilmember Conness seconded the motion. Motion carried.

6) A Resolution Supporting a Proclamation for November 1996 as Education Month for Cherokee Nation/R#lo2-96

Councilmember Holder moved to approve the resolution supporting the month of November as Education Month for Cherokee Nation. Councilman Hoskin seconded the motion. Motion carried.

7) A Resolution Supporting an Application for Libraries Online for Library Services from the American Library Association/R#103-96

Councilman Bush moved to approve the resolution to submit an application for libraries online for library services from the American Library Association. Councilmember Holder seconded the motion. Motion carried.

8) A Resolution Authorizing the Purchase of Land Located South of Oaks, Oklahoma/R#104-96

Councilman Crittenden moved to approve the resolution authorizing Cherokee Nation to purchase a vacant tract of land located six miles south of Oaks. The property is approximately one half mile northwest of state highway 10. The tract of land is restricted Indian land and is owned by Connie Goingtosleep. The $2,500.00 dollars purchase price would be placed in an Individual Indian Money (IIM) account to enable Mr. Goingtosleep to purchase additional land in restricted status. Councilmember Conness seconded the motion. Motion carried.

9) A Resolution Authorizing the Approval of Oil and Gas Lease of R.A. Miller on the Arkansas Riverbed/R#105-96

Councilman Crittenden moved to approve the resolution authorizing the approval of oil and gas lease of R.A. Miller. The agreement consists of a lease on 291.385 acres of Arkansas Riverbed Property in Section 8, Township 10 North, Range 27 East, LeFlore County, Oklahoma, having a primary term of three years, and a royalty rate of 2090, and an acceptable bid of $40.00 per acre for a total bonus of $11,655.40 dollars. Councilman Baker seconded the motion. Motion carried.

10) A Resolution Authorizing the Approval of Oil and Gas Lease of Enron Oil and Gas Company, on the Arkansas Riverbed/R#106-96

Councilman Crittenden moved to approve the resolution authorizing the approval of oil and gas lease of Enron Oil and Gas Company on the Arkansas Riverbed. The agreement consists of a lease on 352.314 acres of Arkansas Riverbed Property in Section 30, Township 10 North, Range 27 East, LeFlore and Sequoyah County, Oklahoma having a primary term of three years, and a royalty rate of 18.75%, and an acceptable bid of $117.65 per acre for a total bonus of $41,449.74 dollars. Councilmember Cooksey seconded the motion. Motion carried.

11) A Resolution Authorizing Allocation of Bonus Money Received from Oil and Gas Leases/R#107-96

Councilman DeMoss moved to approve the resolution authorizing the allocation of bonus money received from oil and gas leases. The Resource Committee proposed to set aside 40% of total bonus money from oil and gas leases for a total of $21,242.06 for the Language and Culture Program. Councilmember Holder seconded the motion. Motion carried.

12) A Resolution Authorizing the Negotiations and the Purchase of Land for the Muskogee Health Clinic and the Placing of Land in Trust/R#108-96

Councilman Crittenden moved to approve the resolution authorizing negotiations for the purchase of land for the Muskogee Health Clinic for the proposed Community Based Health and Wellness Center. The primary objective is to provide accessible, affordable, appropriate wellness care. Councilmember Holder seconded the motion. Motion carried.

In other business, the Tribal Council agreed to hold the next regular meeting on November 12, 6:00 p.m.. The Cherokee Nation offices will be closed on November 11 in observance of Veterans Day.

Councilman Poteete commented that discussion was held during the Rules Committee to fill the vacancy of District 1 seat. Due to the resignation of Tina Glory, the consensus of the committee was to consider the nominations from the Tribal Council. They agreed to vote by secret ballot until a majority was shown and at that time in open vote confirm the nominee. Councilmember Scott moved to table the resolution. Councilmember Conness seconded the motion.

     Bill John Baker  NAY
     Don Crittenden   NAY
     Harold Phillips  NAY
     Dora Watie       NAY
     Mary Cooksey     NAY
     Sam Ed Bush      NAY
     Paula Holder     ABSTAINED
     Troy Poteete     ABSTAINED
     Barbara Conness  YEA
     Barbara Scott    YEA
     William Smoke    NAY
     Harold DeMoss    YEA
     Nick Lay         ABSENT
     Charles Hoskin   ABSTAINED

The motion was denied by a vote of seven (7) nays; three (3) yeas; and three (3) abstentions. Councilman Baker proceeded by announcing the candidates for D#l Council seat.

13) Confirmation of D#l Council Seat

Councilman Baker announced the nominees as Goodlow Proctor, Tommie Fishinghawk, Pam Bacon, James Duffield, Jack Reavis, Barbara Martens, and Harley Terrell. Councilman Baker moved to approve the listing of nominees and Councilman Crittenden seconded the motion. Motion carried.

The Council approved by a secret ballot process to approve Harley Terrell to fill the vacancy. The result of the secret ballot was Harley Terrell (7) votes; Pam Bacon (4) votes; and two (2) abstentions.

Councilman Poteete moved to affirm and Councilman Baker seconded the motion. Motion carried.

ADJOURNMENT:

With no further business presented, Councilman Baker moved for adjournment. The meeting concluded at 8:00 p.m. The next regular meeting will be held on Tuesday, November 12, 6:00 p.m. at the tribal headquarters.

James Garland Eagle, President
Cherokee Nation Tribal Council



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