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September 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
SEPTEMBER 16, 1996 - 6:00 p.m.

CALL TO ORDER:

President Eagle called the meeting to order at 6:10 p.m. in the Tribal Council Chambers, W.W. Keeler Complex.

INVOCATION:

The invocation was given by Bridge Chuckluck.

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. Charles Hoskin
  5. Barbara Conness
  6. Troy Wayne Poteete
  7. William Smoke
  8. Sam Ed Bush
  9. Don Crittenden
  10. Paula Holder
  11. Nick Lay
  12. Harold Phillips
  13. Barbara Starr-Scott
  14. Dora Mae Watie

A quorum was established with fourteen members present.

APPROVAL OF MINUTES:

With no corrections or additions to the minutes of August 12, Councilman Crittenden moved for the approval. Councilwoman Conness seconded. Minutes adopted as presented.

STATE OF THE NATION ADDRESS:

Chief Byrd reported tribal representatives recently met with cabinet level officials to share concerns effecting tribes. They also met with the Department of Health and Human Services to discuss a project which would allow for a direct allocation from block grant funding. Chief Byrd commented tribes were well represented during the Democratic Convention held in Chicago. The Cherokee National Holiday events were well attended in all events. He announced Hiram McFarland has taken the position as Chief Executive Officer at Cherokee Nation Industry. Chief Byrd recognized the Sequoyah High School Football team and commended the coaching staff. The Cross Country team were also in attendance. The team currently ranks number one in the state. The Sequoyah administration and faculty are preparing for the North Central Accreditation. They are currently in the process of tightening the security on campus. The vocational rehabilitation program was moved into the employment vocational department. Voters registration is an ongoing process. Chief Byrd stressed the importance of being involved in the issues which affect the Cherokee Nation. The McCain Bill amendment increases the funding for education and he encouraged all to remain active in issues and in the efforts to increase voter participation in the upcoming elections.

CONFIRMATION OF CNI BOARD MEMBER:

Councilmember Scott moved for the confirmation of Dora Mae Watie as member of the Cherokee Nation Industry Board. Councilmember Holder seconded the motion. Motion carried.

CONFIRMATION OF SEQUOYAH HIGH SCHOOL BOARD MEMBER:

Councilmember Scott moved for the confirmation of Brenda Walker as member of the Sequoyah High School Board. Councilman Baker seconded the motion. Motion carried.

CONFIRMATION OF CHEROKEE NATION ENTERPRISE MEMBER:

Councilman Hoskin moved for the confirmation of Jennie Battles as member of the Cherokee Nation Enterprise Board. Councilman Baker seconded the motion. Motion carried.

Chief Byrd announced Aladdin Rodriguez has resigned as Director of Talking Leaves Job Corps.

CONFIRMATION OF SECRETARY OF EDUCATION:

Councilman Baker moved for the confirmation of Rick Robinson as Secretary of Education. Councilmember Conness seconded the motion. Motion carried. Councilmember Holder abstained.

Chief Byrd announced Senator Haney was invited to the Cherokee Nation. Senator Haney, a member of the Seminole Nation, is responsible for the design of the flag plaza located at the state capitol. Councilman Hoskin presented the reading of the proclamation recognizing September 16, 1996 as Enoch Kelley Haney Day at the Cherokee Nation. Senator Haney expressed his appreciation to the Cherokee Nation. He commented the Cherokee Nation is a highly respected tribe. They are recognized for the progressive attitude toward government and service to the Cherokee people. A reception honoring Senator Haney was held in the foyer.

President Eagle recognized Ruby Colbertson who recently presented a flag to Sequoyah High School. Jack Claphan represented the citizens of Cherry Tree Community who have expressed their concern regarding youth involved in gang activities. They are requesting assistance and support from the Cherokee Nation in developing a plan to address this issue. President Eagle assured Mr. Claphan the concerns will be forwarded to proper officials.

COMMITTEE REPORTS:

Councilman Hoskin stated he often has the honor in recognizing individuals who are pursuing careers which reflect their Cherokee heritage. He proudly recognized Charles Thomas Hoskin, Jr., a full-time student at the University of Oklahoma, for his academic accomplishments. He received the Sequoyah Heritage Scholarship which is awarded to a full-time Native American student who has demonstrated academic excellence, leadership ability and potential for significant contributions to the Native American community or to the larger society. In addition to this scholarship he received the Ewing Congressional Fellowship which paid for a summer internship in Washington, D.C. working with a member of the U.S. Congress. The academic scholarships, totaling over $5,000 dollars this semester, require a GPA in excess of 3.5 and a keen interest in political science and a desire to help the public in general. In recognition of his honors and achievements Councilman Hoskin presented him with a plaque from Cherokee Nation.

MONTHLY REPORTS: 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 stated they are closing out year end. The FY1997 self-governance budget looks positive for Cherokee Nation. In FY1998 they are expecting a reduction in force and organizational changes. The Delaware issue toward federal recognition looks favorable. They should receive notification regarding the process in providing the recognition. They have received calls from the Eastern Area Director concerning the United Keetoowah who have joined a group in the State of Georgia to establish a tribal operation. They received notice of three categories of funds to be moved into tribal priority allocation. This area allows tribes to have a voice in where funds are allocated.

CHEROKEE NATION ENTERPRISES: MIKE WATKINS, VICE PRESIDENT

The operational managerial update and preliminary draft of finances were provided to Council members. Councilman Poteete requested information on notes payable and accounts payable including the debt structure, rate, schedule of current notes. For the benefit of the Council, a meeting will be scheduled in the near future to review the New Delhi venture. He provided an update on the bingo operations. The CNE Board approved a contract with Conoco Petroleum in Tulsa and Oil Marketing of Tahlequah. These contracts allow for a four cent per gallon rebate. The grand opening of the Restaurant of Cherokees was held on August 26. They are currently preparing the annual budgets. He reported Deloite and Touche will be conducting the annual audit. The next board meeting will held on October 10, 9:00 a.m.

CHEROKEE NATION INDUSTRY: BRUCE TAYLOR, BOARD CHAIRMAN

Bruce Taylor presented an update on the occurrences at CNI. He introduced Hiram McFarland who has taken the position as Chief Executive Officer and commended him for his leadership. They are currently working with United Defense building cables and continue to do business with Boeing. They continue to build multiple launch rocket system cables as well as miscellaneous work for the U.S. Army. He provided additional information on other activities.

ACTION OF UNFINISHED BUSINESS:

None pending.

NEW BUSINESS:

1) A Resolution Authorizing the Community Development to Submit a Proposal to the U.S. Environmental Protection Agency, Region VI for the Digitizing of Tribal Trust Lands and Development of a Clean Air Program for the Inter-Tribal Environmental Council Consortium/R#90-96

Councilman Phillips moved to approve the submission of an application. Councilman Hoskin seconded the motion. Motion carried.

2) A Resolution Authorizing Community Development to Submit a Proposal to the U.S. Environmental Protection Agency, Region VI for Lead Testing Program, TSCA Title IV, Section 404-(G) FJR#91-96

Councilman Phillips moved to approve the submission of an application. The funds will be used to conduct a pilot project to develop a lead based paint testing program for the Cherokee Nation. Councilman Baker seconded the motion. Motion carried.

3) A Resolution Authorizing the Tribal Services Department to Prepare and Submit an Application for Funding to the Department of Labor for a School-To-Work Program for Out of School Youth/R#92-96

Councilman Hoskin moved to approve the resolution authorizing the submission of a $100,000 grant application. Funds from this program would be used to set up a retail outlet in the Youth Fair Chance Learning Center. Councilman Phillips seconded the motion. Motion carried.

4) A Resolution Authorizing the Tribal Services Department to Prepare and Submit an Application to the Administration on Children, Youth and Families for Funding to Increase Adoptive Placements of Minority Children/R#

This resolution was withdrawn prior to the meeting.

5) A Resolution Authorizing the Tribal Services Department to Prepare and Submit an Application to the Department of Health and Human Services to Implement a Residential Energy Assistance Challenge Option Program (REACH)/R#

This resolution was withdrawn prior to the meeting.

6) A Resolution Supporting an Application to the Barbara Bush Foundation for Family Literacy/R#93-96

Councilmember Holder moved for the adoption of the resolution supporting an application requesting funds to provide a Family Literacy Services Program through coordination of the Tsa-La-Gi Library and Family Education Unit. Councilman Bush seconded the motion. Motion carried.

7) A Resolution Requesting Support for a Cultural Enrichment and Competitive Speech Program for Sequoyah High School/R#94-96

Councilman Crittenden moved for the adoption of a resolution requesting support for a cultural enrichment and competitive speech program for Sequoyah High School. Councilman Hoskin seconded the motion. Motion carried.

8) A Resolution Authorizing Sequoyah High School to Determine the Local Policy on Attendance Boundary Waiver/R#95-96

Councilman Crittenden moved to approve the resolution authorizing Sequoyah High School to determine the local policy on attendance boundary waiver. Attendance boundaries will be such that any student from within the boundaries of the U.S., being a US citizen, regardless of tribal affiliation, desiring to attend Sequoyah High School should be allowed to do so. Councilmember Holder seconded the motion. Motion carried.

9) A Resolution to Appoint the Tribal Delegate and Alternates to the National Congress of American Indians/R#96-96

Councilman DeMoss moved to approve the resolution to appoint the tribal delegates and alternates to NCAI. Tribal funds in the amount of $1,000.00 membership dues was also included. Councilmember Holder seconded. Chief Byrd was named as the delegate and Deputy Chief Eagle, Councilmembers Hoskin and Cooksey, and Diane Kelley as alternates. Motion carried.

10) A Resolution Authorizing the Cherokee Nation to Request the Secretary of the Interior to Place Certain Land in Trust Located in Cherokee County/R#97-96

Councilman Crittenden moved for the adoption of the resolution placing land in trust. The property covers 28.53 acres of land located in Cherokee County formerly known as American Nursery Products. Councilman Baker seconded the motion. Motion carried.

11) An Act Amending the Cherokee Nation Non-Profit Corporations Act/LA#17-96

Councilman Poteete moved to approve the proposed amendment with provisions based on the old code related to the following: notice of board meetings, and procedures for amending articles of incorporation. It should be less confusing to simply add these provisions into the Non Profit Corporation Code, rather than trying to cross-reference parts of the new code. Councilman Baker seconded the motion. Roll call as following:

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

The legislation was approved by a vote of twelve (12) yeas; none (O) opposing.

12) An Act Amending Cherokee Nation Code, Title 68, "Revenue and Taxation" Definitions and Repealing Fuel Tax Provisions/LA#1896

Susan Work, Director of Law & Justice, presented the legislation to repeal the tribal fuel tax provisions; to clarify the definition of Indian country. The definition of Indian country has been revised to make it more consistent with federal statutory and case law definitions. The tribal fuel tax provisions are repealed; they are not necessary under the new state law which provides for state payments in lieu of tribal taxes to Indian nations which have tribal/state agreements. Councilman Baker moved for the approval. Councilmember Cooksey seconded the motion. Roll call as following:

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

The legislation was approved by a vote of twelve (13) yeast one (1) abstention.

13) Confirmation of D#1 Council Seat

President Eagle provided an update on the recent ruling by the Supreme Court. Councilman Baker moved for the confirmation of Tina Mae Glory to fill the vacancy of D#1 seat. Councilman DeMoss seconded the motion.

Councilman Poteete moved to table the issue and refer back to committee. Motion to table was acted on. Councilmember Watie seconded the motion. The result was as following:

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

The motion to table was denied by a vote of six (6) yeas; eight (8) nays;

The legislative body continued with action to seat Tina Mae Glory. Councilmember Scott requested a secret ballot. Councilmember Watie moved for approval and Councilmember Scott seconded. Roll call was as following allowing for secret ballot:

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

The motion to allow for secret ballot was approved by a vote of eight (8) yeas; six (6) nays;

A secret ballot process was conducted with the following result approving Tina Mae Glory to fill the vacancy by a vote of eight (8) yeas; six (6) nays;

14) An Act Authorizing a Continuing Resolution for FY1997 which enables the General Fund and Self-Governance Programs to Operate at 100% of the Fiscal Year 1996 Budget Level and Declaring an Emergency/LA#19-96

Councilman DeMoss moved to authorize continuation of Cherokee Nation operations after October 1, 1996 at 100% of the FY1996 funding level until final approval of the FY1997 budgets. Councilman Lay seconded the motion. Roll call as following:

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

The legislation was approved by a vote of fourteen (14) yeas; and none (0) opposing.

ADJOURNMENT:

Councilmember Cooksey made a motion to schedule the next Council for October 7. Councilman Lay seconded the motion. Motion carried.

With no further business presented, Councilman Baker moved for adjournment. The meeting concluded at 9:45 p.m. The next regular meeting will be held on October 7, 6:00 p.m. at the tribal headquarter.

James Garland Eagle, President
Cherokee Nation Tribal Council


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The CHEROKEE OBSERVER
P.O. Box 1301
Jay, OK. 74346-1301
Phone/FAX: (918) 253-8752
cwyob@mailhost.galstar.com
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