TITLE XVIII. POST CONSTITUTION
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WAGANAKISING
ODAWA
TRIBAL CODE of LAW
TITLE XVIII. POST CONSTITUTION
RESOLUTIONS, Chapter 2.
BUDGETARY MATTERS
2024.2
WAGANAKISING ODAWA TRIBAL CODE of LAW
TABLE OF CONTENTS
Chapter Two. Budgetary Matters ............................................................................................... 1
18.201
Relocated to Funding Requests at 18.200(6.08)(a) ............................................... 1
18.202
FUNDING FOR HOUSING DEPARTMENT TO CONSTRUCT A SINGLE
FAMILY HOME IN PELLSTON IN COOPERATION WITH THE
PELLSTON SCHOOL DISTRICT NOT TO EXCEED THE AMOUNT OF
$90,000.00 TO COME FROM PRIOR PERIOD FUNDS ................................ 1
18.203
18.204
18.205
18.206
18.207
18.208
18.209
18.210
18.211
18.212
AUTHORIZING AN ADDITIONAL APPROPRIATION OF $7,000 TO
THE 2008 ODAWA HOMECOMING JIINGTAMOK / POW-WOW
COMMITTEE TO COME FROM PRIOR PERIOD FUNDS ........................ 1
ACCEPTANCE OF RESIDUAL INTEREST DISTRIBUTION UNDER
PUBLIC LAW 105-143......................................................................................... 2
FUNDING FROM MICHIGAN INTER-TRIBAL COUNCIL, INC.,
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH ELDERLY
SUPPLEMENTAL CONTRACT LITTLE TRAVERSE BAY BANDS OF
ODAWA INDIANS ELDERS’ PROGRAM SUPPLEMENT ......................... 2
REPEALED: TRIBAL GOVERNMENT BUDGET REVISION FISCAL
YEAR 2009 ............................................................................................................ 2
REPEALED: THE ODAWA CASINO RESORT IS IN DEFAULT ON
PAYMENTS TO THE TRIBAL GOVERNMENT ........................................... 3
PROVIDE FOR A PAYMENT SCHEDULE FOR THE REMAINING
BALANCE DUE ON THE LINE-OF-CREDIT FOR BELL’S FISHERY ..... 3
THE ODAWA CASINO RESORT IS IN DEFAULT ON PAYMENTS TO
THE TRIBAL GOVERNMENT ......................................................................... 3
APPROPRIATION OF FUNDS FOR THE 2010 OPERATING BUDGETS
AND RESTATEMENT OF FUNDING ALLOCATION FOR THE 2010
FISCAL YEAR...................................................................................................... 3
Relocated to Funding Requests at 18.200(6.09)(a) ............................................... 4
MICHELLE CHINGWA EDUCATION ASSISTANCE ACT
SUPPLEMENTAL APPROPRIATION OF $70,000 TO REINSTATE
SCHOLARSHIP LEVELS AND RATES FOR THE BALANCE OF FY 2009
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Version 2024.2
18.218
FROM PRIOR PERIOD FUNDS........................................................................ 4
CASINO DEBT ..................................................................................................... 4
Relocated to Funding Requests at 18.200(8.09)(a) ............................................... 5
PROVIDING FOR PRIORITY FUNDING ALLOCATION FOR 2011
FISCAL YEAR...................................................................................................... 5
AUTHORIZING AN APPROPRIATION OF $76,000 FOR THE 2009 PER
CAPITA DISTRIBUTION................................................................................... 6
FUNDING FOR CHILDREN’S WINTER SOLSTICE PARTY AND
MONETARY GIFT .............................................................................................. 6
NATIONAL CITY BANK LOAN REFINANCING ......................................... 6
18.219
AUTHORIZATION FOR LOAN ON 7500 ODAWA CIRCLE ...................... 7
18.220
AUTHORIZATION FOR EXECUTION OF PNC BANK LOAN
DOCUMENTS....................................................................................................... 7
Relocated to Funding Requests at 18.200(2.10)(a) ............................................... 8
TO PROVIDE FOR A MORATORIUM ON ODAWA CASINO RESORT’S
SINKING FUND ................................................................................................... 8
REPEALED--RE-ESTABLISHMENT OF A LINE-OF-CREDIT FOR
BELL’S FISHERY FROM CURRENT CASH FLOW NOT TO EXCEED
$170,000.00............................................................................................................. 8
18.213
18.214
18.215
18.216
18.217
18.221
18.222
18.223
18.224
18.225
18.226
18.227
18.228
18.229
18.230
18.231
18.232
AUTHORIZING AN ADDITIONAL APPROPRIATION OF $18,000 TO
THE 2010 ODAWA HOMECOMING JIINGTAMOK / POW-WOW
COMMITTEE TO COME FROM PRIOR PERIOD FUNDS ........................ 8
Relocated to Funding Requests at 18.200(3.10)(a) ............................................... 9
APPROPRIATION OF FUNDS FOR THE 2011 OPERATING BUDGETS
AND RESTATEMENT OF FUNDING ALLOCATION FOR THE 2011
FISCAL YEAR...................................................................................................... 9
REPEALED--AUTHORIZATION FOR PAYOFF OF LOAN ON 7500
ODAWA CIRCLE .............................................................................................. 10
Relocated to Funding Requests at 18.200(5.16)(a) ............................................. 10
FUNDING FOR THE MICHIGAN INDIAN FAMILY OLYMPICS IN THE
AMOUNT OF $4,700 FROM PRIOR YEAR FUNDS .................................... 10
Relocated to Funding Requests at 18.200(6.10)(a) ............................................. 10
Relocated to Funding Requests at 18.200(6.10)(b) ............................................ 10
Relocated to Funding Requests at 18.200(7.10)(a) ............................................ 10
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18.233
18.234
18.235
18.236
18.237
18.238
18.239
18.240
18.241
18.242
18.243
18.244
18.245
18.246
18.247
18.248
18.249
Relocated to Funding Requests at 18.200(8.10)(a) ............................................. 10
Relocated to Funding Requests at 18.200(8.10)(b) ............................................ 10
AUTHORIZATION FOR PAYOFF OF LOAN ON 911 SPRING STREET,
PETOSKEY, MICHIGAN IN THE AMOUNT OF APPROXIMATELY
$87,000.00............................................................................................................. 11
Relocated to Funding Requests at 18.200(10.10)(a) .......................................... 11
PROVIDING FOR PRIORITY FUNDING ALLOCATION FOR 2012
FISCAL YEAR.................................................................................................... 11
AUTHORIZATION FOR LIQUIDATION OF INVESTMENT FUNDS IN
THE AMOUNT UP TO APPROXIMATELY $5,000,000.00 ......................... 11
AUTHORIZATION FOR LIQUIDATION OF INVESTMENT FUNDS IN
THE APPROXIMATE AMOUNT OF $526,000.00 ........................................ 12
AUTHORIZING EXCHANGE OF NOTES, AMENDMENT OF
INDENTURE AND RELATED ACTIONS ..................................................... 12
AUTHORIZING A DONATION TO THE LTBB ELDERS ASSOCIATION,
A NON-PROFIT CORPORATION, IN THE AMOUNT OF $6,900.00 TO
COME FROM PRIOR YEAR FUNDS ............................................................ 15
RESTATEMENT OF FUNDING ALLOCATION FOR THE 2012 FISCAL
YEAR ................................................................................................................... 15
PROVIDING FOR PRIORITY FUNDING ALLOCATION FOR THE 2013
FISCAL YEAR.................................................................................................... 15
AUTHORIZATION OF ODAWA CASINO RESORT CHECK SIGNING
AUTHORITY ...................................................................................................... 16
Relocated to Funding Matters at 18.200(12.12)(a)............................................. 16
FUNDING for ODAWA FISHERY, INC. IN THE AMOUNT OF
$150,000.00 TO COME FROM PRIOR PERIOD FUNDS ............................ 16
CONFIRMATION OF THE ESTABLISHMENT OF THE CAPITAL
PROJECT FUND, REMAINING BALANCE, and PAYMENT TO
CONSULTS AND VENDORS ........................................................................... 16
FUNDING FOR STATUTE WAGANAKISING ODAWAK STATUTE 2013002 TRIBAL HISTORIC PRESERVATION OFFICE OF PROTECTION
AND MANAGEMENT ....................................................................................... 17
TO COMPLETE CONSTRUCTION OF THE FISHERIES
ENHANCEMENT FACILITY .......................................................................... 17
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Version 2024.2
18.250
18.251
18.252
18.253
18.254
APPROPRIATION OF FUNDS FOR THE 2014 OPERATING BUDGETS
AND RESTATEMENT OF FUNDING ALLOCATION FOR THE 2014
FISCAL YEAR.................................................................................................... 17
REFINANCING OF THE TRIBE’S NOTES AND OTHER ECONOMIC
DEVELOPMENT OPPORTUNITIES INCLUDING THE POTENTIAL
MACKINAW CITY CASINO ........................................................................... 18
Relocated to Funding Requests at 18.200(6.13)(a) ........................................... 19
Relocated to Funding Requests at 18.200(7.13)(a) ............................................. 19
APPROPRIATIONS TO DEPARTMENT OF HUMAN SERVICES TO
PROVIDE HEARING AIDES FOR TRIBAL CITIZENS ............................. 19
18.255
Relocated to Funding Requests at 18.200(9.13)(a) ........................................... 19
18.256
FUNDING FOR ODAWA FISHERY, INC. IN THE AMOUNT OF
$150,000.00 TO COME FROM PRIOR PERIOD FUNDS ............................ 19
APPROPRIATION OF ADDITIONAL FUNDS FOR 2013 PER CAPITA
DISTRIBUTION IN THE AMOUNT OF $413,019.36 ................................... 20
APPROVAL OF THE GAMING AUTHORITY COMMITTEE FY 2014
BUDGET .............................................................................................................. 20
Relocated to Funding Requests at 18.200(11.13)(a) ........................................... 20
Relocated to Land Matters at 18.318(12.13)(a) .................................................. 20
18.257
18.258
18.259
18.260
18.261
18.262
18.264
18.265
18.266
18.267
18.268
18.269
CARRYOVER OF FY 2013 HEARING AID FUNDS .................................... 20
APPROPRIATIONS TO ODAWA ECONOMIC DEVELOPMENT
MANAGEMENT, INC. (OEDMI) IN THE AMOUNT OF $50,000 TO
COME FROM PRIOR PERIOD FUNDS ........................................................ 21
APPROVAL TO AMEND OF THE GAMING AUTHORITY COMMITTEE
FY 2014 BUDGET .............................................................................................. 21
APPROVAL TO AMEND OF THE GAMING AUTHORITY COMMITTEE
FY 2014 BUDGET .............................................................................................. 22
APPROPRIATION OF FUNDS FOR THE 2015 OPERATING BUDGETS
AND RESTATEMENT OF FUNDING ALLOCATION FOR THE 2015
FISCAL YEAR.................................................................................................... 22
Relocated to Funding Requests at 18.200(10.14)(a) ........................................... 23
Relocated to Funding Requests at 18.200(11.14)(a) ........................................... 23
TRIBAL GOVERNMENT PRIORITY FUNDING PERCENTAGE
ALLOCATION FOR FY 2016 .......................................................................... 23
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Version 2024.2
18.270
18.271
18.272
18.273
18.274
18.275
18.276
18.277
18.278
18.279
18.280
18.281
18.282
REIMBURSEMENT OF FUNDS IN THE AMOUNT OF $37,529 FOR
BUILDING MAINTENANCE UPKEEP COSTS AS INCURRED BY THE
ODAWA FISHERY, INC. .................................................................................. 24
FUNDING FOR FY 2015 $135,000.00 SHORTFALL FOR MIN-A-MSKIKI
GUMIK ................................................................................................................ 25
TRANSFER OF FUNDS FROM THE LEGISLATIVE BRANCH TO
ZIIBIMIJWANG, INC., A TRIBALLY CHARTERED CORPORATION, IN
THE AMOUNT OF $67,722.08 ......................................................................... 25
APPROVAL OF THE GAMING AUTHORITY COMMITTEE FY 2015
BUDGET .............................................................................................................. 26
APPROVAL OF THE GAMING AUTHORITY COMMITTEE FY 2015
AMENDED BUDGET FOR AN ADDITIONAL SUM OF $15,000.00 FOR
LEGAL CONSULTING SERVICES................................................................ 27
APPROVAL TO AMEND THE GAMING AUTHORITY COMMITTEE FY
2015 BUDGET ..................................................................................................... 27
AUTHORIZING ODAWA HOMECOMING JIINGTAMOK / POW-WOW
COMMITTEE TO CARRYOVER FUNDS ..................................................... 28
APPROVAL OF BUDGET MODIFICATIONS FOR BUDGET
DEFICIENCY OF THE BURIAL FUND......................................................... 29
AUTHORIZING SWAP DOCUMENTS AND RELATED DOCUMENTS
FROM WELLS FARGO BANK, NATIONAL ASSOCIATION,
AUTHORIZING TRIBAL APPROPRIATIONS FOR PAYMENTS OF THE
SWAP OBLIGATIONS, AFFIRMING ADOPTION OF LAW
GOVERNING THE ARBITRATION OF DISPUTES RELATED TO THE
LOAN (INCLUDING THE SWAP), AND LAW REGARDING SECURITY
INTERESTS AND ADDRESSING RELATED MATTERS .......................... 30
AUTHORIZING GIJIGOWI ANISHINAABEMOWIN LANGUAGE
DEPARTMENT TO CARRYOVER DEPARTMENT RAISED REVENUE
............................................................................................................................... 35
BUDGET MODIFICATION FOR EMPLOYEE APPRECIATION ......... 36
BUDGET MODIFICATION FOR COMMUNICATION BUDGET ............ 36
AUTHORIZING DEPARTMENT OF NATURAL RESOURCES
DEPARTMENT TO CARRYOVER FY 2015 TREATY ENHANCEMENT
FUNDS, IN THE AMOUNT OF APPROXIMATELY $30,000.00 ................ 37
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Version 2024.2
18.283
18.284
18.285
DUPLICATED ENTRY REMOVED .................................................................. 38
AMENDMENT TO TRIBAL RESOLUTION # 042715-01,
APPROPRIATION OF FUNDS FOR THE 2016 OPERATING BUDGETS
AND RESTATEMENT OF FUNDING ALLOCATION FOR THE 2016
FISCAL YEAR, TO ADDRESS FY 2016 BUDGET EMERGENCY ........... 38
TO AMEND THE "ADDENDUM A" TO TRIBAL RESOLUTION 06181501, TO APPROPRIATE TO ODAWA CASINO RESORT THE AMOUNT
OF $3,320,000.00 TO COME FROM THE RESTRICTED GENERAL
FUND BALANCE FUNDS- ECONOMIC DEVELOPMENT RESERVE
AND ALLOW FOR THE RESERVE PROFITS TO IMPLEMENT THE
FIVE YEAR STRATEGIC PLAN .................................................................... 39
APPROPRIATION OF FUNDS FOR THE 2017 FISCAL YEAR
OPERATING BUDGETS .................................................................................. 40
18.287(9.16)(a)
Relocated to Land Matters at 18.319(9.16(a) .............................................. 42
18.288(9.16)(a)
TO APPROPRIATE FUNDING IN THE AMOUNT OF $671,650.00 TO
THE MIN-A-MISKIKI GUMIK FOR A TRIBAL PHARMACY TO COME
FROM IHS FUND BALANCE AND 3RD PARTY REVENUE FUND
BALANCE ........................................................................................................... 42
18.289(12.16)(a) BUDGET MODIFICATION FOR EMPLOYEE APPRECIATION .....
18.286
....................................................................................................................... 42
18.290(4.17)(a)
APPROPRIATION OF FUNDS FOR THE 2018 FISCAL YEAR
OPERATING BUDGETS .................................................................................. 43
18.291(4.17)(b)
USE OF MICHELLE CHINGWA EDUCATION ASSISTANCE ACT
FUNDING ............................................................................................................ 44
18.292(4.15)(a)
ALLOCATION OF GENERAL FUND BALANCE FUNDS TO
ADDRESS TRIBAL PRIORITIES OF INVESTMENTS, LEGAL
EXPENSES, ECONOMIC DEVELOPMENT AND SUPPLEMENTAL
FUNDING ............................................................................................................ 45
18.293(4.15)(b)
UTILITY COSTS FOR THE KINGS INN PROPERTY ....................... 47
18.295(5.15)(d)
ODAWA CASINO RESORT FIVE YEAR STRATEGIC PLAN –
PROJECT DEVELOPMENT FUNDING ........................................................ 49
18.296(4.15)(e)
APPROPRIATION OF FUNDS FOR THE 2016 OPERATING
BUDGETS AND RESTATEMENT OF FUNDING ALLOCATION FOR
THE 2016 FISCAL YEAR ................................................................................. 50
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Version 2024.2
18.297(5.15)(a)
TO APPROPRIATE TO ODAWA ECONOMIC DEVELOPMENT
MANAGEMENT, INC. (OEDMI) $1,115,700.00 TO COME FROM THE
RESTRICTED GENERAL FUND BALANCE FUNDS- ECONOMIC
DEVELOPMENT RESERVE ........................................................................... 52
18.298(5.15)(b)
ESTABLISH AN ODAWA ECONOMIC DEVELOPMENT
MANAGEMENT, INC. (OEDMI) LINE OF CREDIT IN THE AMOUNT
OF $585,000.00 .................................................................................................... 53
18.299(6.15)(a)
TO APPROPRIATE TO ODAWA CASINO RESORT THE AMOUNT
OF $3,320,000.00 TO COME FROM THE RESTRICTED GENERAL
FUND BALANCE FUNDS- ECONOMIC DEVELOPMENT RESERVE
AND ALLOW FOR OCR TO RESERVE PROFITS TO IMPLEMENT THE
FIVE YEAR STRATEGIC PLAN .................................................................... 54
18.300(10.15)(a) TRANSFER OF FUNDS FROM THE LEGISLATIVE BRANCH ADHOC AGRICULTURAL WORK GROUP FUND TO ZIIBIMIJWANG,
INC., A TRIBALLY CHARTERED CORPORATION, IN THE AMOUNT
OF $31,136,46 ...................................................................................................... 56
18.300(12.15)(a) AMENDMENT TO TRIBAL RESOLUTION # 042715-01,
APPROPRIATION OF FUNDS FOR THE 2016 OPERATING BUDGETS
AND RESTATEMENT OF FUNDING ALLOCATION FOR THE 2016
FISCAL YEAR, TO ADDRESS FY 2016 BUDGET EMERGENCY ........... 57
18.300(8.16)(a)
BUDGET MODIFICATION FOR SAFETY BUDGET ......................... 58
18.300(7.17)(a)
BUDGET MODIFICATION FOR ELDERS AND CAPITAL
IMPROVEMENTS ............................................................................................ 58
18.300(7.17)(b)
TO APPROPRIATE TO ODAWA ECONOMIC DEVELOPMENT
MANAGEMENT, INC. (OEDMI) $895,559.00 TO COME FROM THE
RESTRICTED GENERAL FUND BALANCE FUNDS- ECONOMIC
DEVELOPMENT FOR THE SEPTIC EQUALIZATION TANK AT THE
ODAWA CASINO RESORT WASTEWATER TREATMENT FACILITY ...
....................................................................................................................... 59
18.300(12.06)(a) THE ESTABLISHMENT OF A CAPITAL PROJECT FUND FOR
THE CONSTRUCTION OF THE FISHERIES ENHANCEMENT
FACILITY (HATCHERY) AT THE DRIER ROAD PROPERTY............... 60
18.300(8.17)(a)
BUDGET MODIFICATION FOR TRADITIONAL POW WOW ..... 61
18.300(9.17)(a)
USE OF 3RD PARTY SUPPORT REVENUES FOR TRIBAL
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Version 2024.2
PHARMACY IN THE AMOUNT OF $292,000.00 ....................................... 62
18.300(9.17)(b)
BUDGET MODIFICATION FOR DETENTION COSTS .................. 62
18.300(9.17)(c)
TO RE-APPROPRIATE TO ODAWA CASINO RESORT THE
AMOUNT OF $820,000 TO COME FROM THE RESTRICTED GENERAL
FUND BALANCE FUNDS- ECONOMIC DEVELOPMENT RESERVE
AND ALLOW FOR OCR TO RESERVE PROFITS TO IMPLEMENT THE
UPDATED FIVE YEAR STRATEGIC PLAN ................................................ 63
18.300(12.17)(a) BUDGET MODIFICATION FOR EMPLOYEE APPRECIATION . 64
18.300(1.18)(a)
THE 3RD PARTY SUPPORT REVENUES FOR TRIBAL
PHARMACY IN THE AMOUNT OF $242,000 FOR FY 2018 .................. 65
18.300(1.18)(b)
USE OF 3RD PARTY SUPPORT REVENUES FOR ITC MDHHS
MENTAL HEALTH BLOCK GRANT MATCH IN THE AMOUNT OF
$74,100 ................................................................................................................. 65
18.300(3.18)(a)
USE OF 3RD PARTY SUPPORT REVENUES FOR HEARING AID
PROGRAM FY 2018 ......................................................................................... 66
18.300(3.18)(b)
USE OF 3RD PARTY SUPPORT REVENUES FOR ELDERS
DENTAL PROGRAM FY 2018 ....................................................................... 66
18.300(2.18)(a)
APPROPRIATION OF FUNDS FOR THE LEGAL FUNDRESERVATION BOUNDARY IN THE AMOUNT OF $1.5 MILLION AND
RESTRICT AN ADDITIONAL $1 MILLION FOR A RESERVATION
LITIGATION CONTINGENCY, INCLUDING POST LITIGATION
SUPPORT ............................................................................................................ 67
18.300(4.18)(a)
USE OF 3RD PARTY SUPPORT REVENUES FOR EXPANSION OF
DENTAL PROGRAM ....................................................................................... 68
18.300(4.19)(b)
AMENDED FISCAL YEAR 2018 GOVERNMENTAL BUDGETS..... 69
Codification Note: For attached detailed worksheet of the tribal-wide budget, See Resolution
#041918-02 on the Legislative Website) .............................................................. 71
18.300(6.18)(a)
TO ALLOCATE UNRESTRICTED CASH TO SHORT-TERM
INVESTMENT ACCOUNTS IN THE AMOUNT OF $5,000,000.00 ........... 71
18.300(6.18)(b)
AUTHORIZING THE PLANNING, ZONING AND BUILDING
DEPARTMENT TO CARRYOVER FUNDS .................................................. 72
18.300(6.18)(c)
APPROPRIATION OF FUNDS TO ENJINAAKNEGENG (LEGAL)
DEPARTMENT FOR LEGAL SERVICES PROVIDED BY MICHIGAN
INDIAN LEGAL SERVICES IN THE AMOUNT OF $25,000.00 ................ 73
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Version 2024.2
18.300(7.18)(a)
TRANSFER OF FUNDS IN EXCESS OF “THREE YEAR FREE PLAY
AMOUNT” .......................................................................................................... 74
18.300(7.18)(b)
BUDGET MODIFICATION FOR YOUTH SERVICES VEHICLE IN
THE AMOUNT OF $42,490.00 ........................................................................ 75
18.300(7.18)(c)
BUDGET MODIFICATION FOR NRD MODULAR IN THE
AMOUNT OF $32,000.00 ................................................................................. 76
18.300(9.18)(a)
BUDGET MODIFICATIONS FOR FY 2018 INCREASED
CONSOLIDATED TRIBAL GOVERNMENT PROGRAM (CTGP)
RELATED GENERAL FUND NEEDS IN OTHER PROGRAMS ............ 76
18.300(9.18)(b)
BUDGET MODIFICATION FOR EDUCATION DEPARTMENT
VAN PURCHASE TO NOT EXCEED $35,000.00 ....................................... 77
18.300(11.18)(a) LTBB FISCAL YEAR 2019 BUDGET MODIFICATION FOR TRIBAL
WIDE BUDGET FOR ALL GOVERNMENTAL BRANCHES 110918 ...... 77
18.300(12.18)(a) TO APPROPRIATE TO THE LITTLE TRAVERSE BAY BANDS OF
ODAWA INDIANS TRIBALLY CHARTERED CORPORATIONS IN THE
AMOUNT OF $40,000.00 TO COME FROM THE RESTRICTED
GENERAL FUND BALANCE FUNDS- ECONOMIC DEVELOPMENT
RESERVE............................................................................................................ 79
18.300(5.19)(a)
APPROPRIATION OF FUNDS FOR THE 2020 FISCAL YEAR
OPERATING BUDGETS .................................................................................. 79
18.300(5.19)(b)
APPROPRIATION TO THE PLANNING DEPARTMENT TO
OBTAIN ENGINEERED PLANS FOR APARTMENT BUILDING AT
MTIGWAAKIIS HOUSING (MURRAY ROAD), IN THE AMOUNT OF
$200,000.00 TO COME FROM THE GENERAL FUND-FUND BALANCE
....................................................................................................................... 81
18.300(5.19)(c)
INCREASE MIS FY2019 OPERATING BUDGET BY $82,000.00
FOR SOFTWARE AND LICENSING AGREEMENTS............................. 81
18.300(5.19)(d)
BUDGET MODIFICATIONS FOR FY 2019 IN THE AMOUNT OF
$34,532.00 TO FUND FACILITIES ................................................................ 82
18.300(5.19)(e)
BUDGET MODIFICATIONS FOR FY 2019 INCREASED
CONSOLIDATED TRIBAL GOVERNMENT PROGRAM (CTGP)
RELATED GENERAL FUND NEEDS IN OTHER PROGRAMS ............... 82
18.300(6.19)(a)
AUTHORIZATION OF USE OF THE ODAWA ECONOMIC
DEVELOPMENT MANAGEMENT, INC. (OEDMI) LINE OF CREDIT ......
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Version 2024.2
....................................................................................................................... 83
18.300(6.19)(b)
TO AUTHORIZE ODAWA ECONOMIC DEVELOPMENT
MANAGEMENT, INC. (OEDMI) USE OF THE REMAINING FUNDS OF
$79,000 FOR ECONOMIC DEVELOPMENT PURPOSES .......................... 84
18.300(1.20)(a)
AUTHORIZATION OF ODAWA CASINO RESORT BUSINESS
BANKING ACCOUNT AND TREASURY MANAGEMENT DOCUMENTS
AND LIMITED WAIVER OF SOVEREIGN IMMUNITY AND RELATED
MATTERS ........................................................................................................... 85
18.300(2.20)(a)
SIX-MONTH DELAY IN THE TRANSFER OF FUNDS IN EXCESS
OF “THREE YEAR FREE PLAY AMOUNT” ............................................... 86
18.300(3.20)(a)
COVID-19 SUSPENSION OF DEADLINES FOR WOS 2015-016
TRIBAL GOVERNMENT BUDGET FORMULATION AND
MODIFICATION PROCESS STATUTE, AND WAVIER OF APPROVAL
REQUIREMENT OF GRANT, DONATION, OR OTHER FUNDING
POLICY ............................................................................................................... 87
Codification Note: This Tribal Resolution has been repealed by Tribal Resolution #10272202 at 18.300(10.22)(c) of this chapter. ............................................................... 87
18.300(4.20)(a)
TRANSFER OF FUNDS FROM LTBB SHORT-TERM INVESTMENT
ACCOUNTS TO ODAWA CASINO RESORT IN THE AMOUNT OF $2.3
MILLION AS A RESULT OF THE UNANTICIPATED COVID-19
RELATED EXPENSES ..................................................................................... 89
18.300(6.20)(a)
AMENDMENT TO FY 2020 BUDGET, TRIBAL RESOLUTION
#050119-01 APPROPRIATION OF FUNDS FOR THE 2020 FISCAL YEAR
OPERATING BUDGETS, TO ADDRESS EMERGENCY REVENUE
SHORTFALL. RESOLUTION# TO BE POSTED TO THE TRIBAL
WEBSITE IN ACCORDANCE WITH TRIBAL RESOLUTION # 05292001, DECLARATION OF A BUDGET EMERGENCY FOR FY2020 ........... 90
18.300(7.20)(a)
APPROPRIATION OF FUNDS FOR OPERATOR’S LICENSE
APPLICATION FEES UNDER MICHIGAN LAWFUL INTERNET
GAMING ACT AND LAWFUL SPORTS BETTING ACT .......................... 91
18.300(7.20)(b)
APPROPRIATIONS OF THE CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT (“CARES ACT”) IN THE AMOUNT OF
$3,519,051.41........................................................................................................ 92
18.300(7.20)(c)
TO AUTHORIZE THE MAAMWI COUNCIL TO CARRYOVER
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through March 1, 2024 – See Register for Details
Version 2024.2
UNUSED FUNDS RAISED THROUGH FUND-RAISING EVENTS OR
DONATIONS ...................................................................................................... 94
18.300(8.20)(a)
BUDGET MODIFICATION FOR FY 2020 TO REALLOCATE FROM
THE TRIBAL CHAIR’S GENERAL FUND BUDGET TO THE CAPITAL
EXPENDITURE FUND FOR COSTS RELATED SOLELY FOR THE
MARKET-RATE RENTAL HOMES AND THE WILDERNESS CABINS
REPAIRS IN THE AMOUNT OF $40,000.00 ................................................. 95
18.300(10.20)(a) APPROPRIATIONS OF THE CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT (“CARES ACT”) IN THE AMOUNT OF
$1,111,279.40........................................................................................................ 96
18.300(10.20)(b)
APPROPRIATION OF FUNDS FOR THE 2021 FISCAL YEAR
OPERATING BUDGETS .................................................................................. 97
Codification Note: For detailed worksheet of the tribal-wide budget, See Tribal Resolution
#102220-02 on the LTBB Website. ...................................................................... 98
18.300(12.20)(a) INTERFUND LOAN FROM 3RD PARTY BILLING REVENUE TO
THE GENERAL FUND FOR THE 1ST QUARTER OF 2021 FOR CASH
FLOW NEEDS FOR TRIBAL CITIZEN PROGRAMMING ................... 98
18.300(12.20)(b) PROVIDING $75,000.00 TO ODAWA ONLINE, GSP, LLC AS
STARTUP OPERATING CAPITAL ................................................................ 99
18.300(12.20)(c) APPROPRIATION OF $15,958.50 FOR DECOMMISSIONING
LEARS ROAD PUMP STATION ................................................................... 100
18.300(12.20)(d) ZIIBIMIJWANG, INC. REQUESTS FOR FY2021 CONTRIBUTION
IN THE AMOUNT OF $138,063.00 TO COME FROM THE GENERAL
FUND-FUND BALANCE RESTRICTED FOR ECONOMIC
DEVELOPMENT ............................................................................................. 101
18.300(2.21)(a)
THE ESTABLISHMENT OF A FUND FOR THE CONSTRUCTION
AND OPERATING COSTS OF A MIGIZI (EAGLE)
REHABILITATION/AVIARY CENTER TO BE LOCATED AT THE
LTBB HATCHERY PROPERTY OFF OF DRIER ROAD......................... 102
18.300(2.21)(b)
AMENDED APPROPRIATION OF FUNDS FOR THE 2021 FISCAL
YEAR OPERATING BUDGETS .................................................................... 103
Codification Note: The Appropriation of Funds can be found with the resolution on the LTBB
Website. ............................................................................................................... 104
18.300(3.21)(a)
AUTHORIZING THE NATURAL RESOURCE DEPARTMENT TO
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RETAIN REVENUE FROM TREATY RIGHTS RELATED AND/OR
RECREATIONAL FACILITIES .................................................................... 105
18.300(4.21)(a)
APPROPRIATION FOR SYSTEM UPGRADES TO IMPLEMENT
ALL INCLUSIVE RATE REIMBURSEMENTS.......................................... 106
18.300(4.21)(b)
APPROPRIATION OF FUNDS FOR THE 2022 FISCAL YEAR
OPERATING BUDGETS ................................................................................ 106
Codification Note: The Appropriation of Funds can be found with the resolution on the LTBB
Website. ............................................................................................................... 108
18.300(5.21)(a)
BUDGET MODIFICATION FOR DEVELOPMENT OF THE
CROSS VILLAGE CAMPGROUND AND MIGIZI AVIARY
REHABILITATION CENTER PROJECTS ............................................... 108
18.300(5.21)(b)
FUNDING IN THE AMOUNT OF $300,000.00 TO COME FROM
THE THIRD-PARTY REVENUE TO FUND THE PLANNING AND
DESIGN OF NEW LTBB HEALTH PARK ............................................... 109
18.300(6.21)(a)
AUTHORIZATION OF THE COVID-19 FINANCIAL IMPACT
RELIEF PAYMENT PROGRAM THAT ALLOWS A ONE THOUSAND
FIVE HUNDRED DOLLARS ($1500.00) PAYMENT TO LITTLE
TRAVERSE BAY BANDS OF ODAWA INDIANS CITIZENS TO COME
FROM AMERICAN RESCUE PLAN ACT (“ARP”) FUNDS .................... 109
18.300(9.21)(a)
APPROPRIATION OF FUNDS FOR THE LEGAL FUNDRESERVATION BOUNDARY LITIGATION IN THE AMOUNT OF
$150,000 TO COME FROM THE GENERAL FUND-FUND BALANCE .......
..................................................................................................................... 111
18.300(9.21)(b)
AUTHORIZATION OF THE ODAWA CASINO RESORT COVID-19
EMPLOYEE COMPENSATION FUND, IN THE AMOUNT OF
$1,472,800.00 TO COME FROM AMERICAN RESCUE PLAN ACT
(“ARP”) FUNDS ............................................................................................... 111
18.300(10.21)(a) TO UTILIZE OF THE AMERICAN RESCUE PLAN ACT (“ARP”)
FUNDS IN THE AMOUNT OF TWO MILLION DOLLARS ($2,000,000)
FOR THE PURPOSES OF UTILITY WATER SEWER UPGRADES ...... 113
18.300(10.21)(b) TO UTILIZE OF THE AMERICAN RESCUE PLAN ACT (“ARP”)
FUNDS IN THE AMOUNT OF ONE MILLION SIX HUNDRED SEVEN
THOUSAND SEVEN HUNDRED EIGHTY-NINE DOLLARS AND
EIGHTY CENTS. ($1,607,789.80) FOR THE PURPOSES OF ASSISTANCE
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TO BUSINESSES FROM THE DEPARTMENT OF COMMERCE ......... 114
18.300(10.21)(c) TO UTILIZE OF THE AMERICAN RESCUE PLAN ACT (“ARP”)
FUNDS IN THE AMOUNT OF ONE MILLION EIGHT HUNDRED
THOUSAND ($1,800,000.00) FOR THE PURPOSES OF TRIBAL
GOVERNMENT COVID-19 MITIGATION, STAFF SAFETY,
PROGRAMMING TO ADDRESS DISPARITIES TO BUILD STRONGER
COMMUNITY AND ADDRESS EDUCATIONAL DISPARITIES DUE TO
THE COVID-19 PANDEMIC ......................................................................... 115
18.300(10.21)(d) CARRYOVER OF UNSPENT FUNDS IN THE AMOUNT OF
$229,450.00 FOR THE WORK ON THE CROSS VILLAGE
CAMPGROUND ............................................................................................... 116
18.300(10.21)(e) AUTHORIZATION OF THE COVID-19 FINANCIAL IMPACT
RELIEF PAYMENT PROGRAM POLICY II THAT ALLOWS A ONE
THOUSAND FIVE HUNDRED DOLLARS ($1500.00) PAYMENT TO
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS CITIZENS TO
COME FROM CORONAVIRUS AID, RELIEF, AND ECONOMIC
SECURITY ACT (“CARES ACT”) AND AMERICAN RESCUE PLAN
ACT (“ARP”) FUNDS ...................................................................................... 117
18.300(11.21)(a) USE OF AMERICAN RESCUE PLAN ACT ("ARPA"), RESTRICTED
FOR AFFORDABLE HOUSING DEVELOPMENT FUNDS, IN THE
AMOUNT OF ONE MILLION DOLLARS ($1,000,000), FOR THE
DEVELOPMENT OF MODULAR OR SINGLE-FAMILY HOMES AT
WAH WAAS NO DE KE, HARBOR SPRINGS, MI .................................... 119
18.300(11.21)(b) TO TRANSFER $2.3 MILLION FROM THE LITTLE TRAVERSE
BAY BANDS OF ODAWA INDIANS’ GENERAL FUND ACCOUNT TO
THE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS’ SHORTTERM INVESTMENT ACCOUNT ............................................................... 120
18.300(11.21)(c) USE OF AMERICAN RESCUE PLAN ACT ("ARP") FUNDS IN THE
AMOUNT OF FOUR MILLION FIVE HUNDRED THOUSAND
DOLLARS ($4,500,000.00) FOR THE EQUIVALENT TO THE
REDUCTION OF REVENUE DUE TO THE PANDEMIC ........................ 121
18.300(11.21)(d) AUTHORIZATION OF THE COVID-19 EMPLOYEE FINANCIAL
IMPACT RELIEF PAYMENT PROGRAM THAT ALLOWS FOR A ONE
HUNDRED DOLLARS ($100.00) PAYMENT TO LITTLE TRAVERSE
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BAY BANDS OF ODAWA INDIANS EMPLOYEES TO COME FROM
AMERICAN RESCUE PLAN ACT (“ARP”) FUNDS IN THE AMOUNT OF
SIXTY-ONE THOUSAND AND ONE HUNDRED DOLLARS ($61,100.00)
FOR SIX HUNDRED AND ELEVEN EMPLOYEES .................................. 122
18.300(1.22)(a)
INCREASE FACILITIES FY2022 OPERATING BUDGET BY
$28,000.00 FOR A TEMPORARY MAINTENANCE WORKER TO
HELP COVER PROPERTY MAINTENANCE TO COME FROM
SPACE COST RECOVERY ............................................................................ 125
18.300(2.22)(a)
AUTHORIZES AND APPROVES THE REALLOCATION OF $20,000
TO THE OFFICE OF FINANCE AND REVENUE FOR THE PURPOSES
OF RESOLVING OUTSTANDING EXPENSES OF ODAWA
CONSTRUCTION CORPORATION, INC. .................................................. 126
18.300(2.22)(b)
USE OF AMERICAN RESCUE PLAN ACT (“ARP”), RESTRICTED
FOR AFFORDABLE HOUSING DEVELOPMENT FUNDS, IN THE
AMOUNT OF FOUR MILLION DOLLARS ($4,000,000) FOR THE
DEVELOPMENT OF MULTI-UNIT HOUSING AT INDIAN TOWN
(SECOND STREET), HARBOR SPRINGS, MICHIGAN ........................... 127
18.300(3.22)(a)
TO ESTABLISH THE FY 2022 COST OF LIVING (COLA) FOR
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS (LTBB)
GOVERNMENT EMPLOYEES AND ODAWA CASINO RESORT
EMPLOYEES, AND TO APPROPRIATE TO THE TRIBAL
GOVERNMENT FY 2022 LTBB OPERATING BUDGET AN AMOUNT
NOT TO EXCEED $220,000.00 TO COME FROM GENERAL FUNDFUND BALANCE ............................................................................................. 128
18.300(3.22)(b)
AUTHORIZATION OF THE COVID-19 FINANCIAL IMPACT
RELIEF PAYMENT PROGRAM POLICY III THAT ALLOWS A ONE
THOUSAND-DOLLAR ($1,000.00) PAYMENT TO LITTLE TRAVERSE
BAY BANDS OF ODAWA INDIANS CITIZENS TO COME FROM
AMERICAN RESCUE PLAN ACT (“ARP”) FUNDS IN THE AMOUNT OF
FOUR MILLION, FOUR HUNDRED, SEVENTY THOUSAND DOLLARS
($4,470,000.00) ................................................................................................... 131
18.300(4.22)(a)
APPROPRIATION OF FUNDS FOR THE 2023 FISCAL YEAR
OPERATING BUDGETS ................................................................................ 133
Codification Note: The Appropriation of Funds can be found with the Resolution on the
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18.300(5.22)(a)
TO RESTRICT $2,500,000 OF THE RESERVED ACCOUNT SET
ASIDE BY TRIBAL RESOLUTION # 071218-01 FOR LAND
ACQUISITION FOR HUNTING AND EXERCISING TREATY RIGHTS,
HOUSING, SERVICES AND ECONOMIC DEVELOPMENT .................. 135
Codification Note: This Resolution is repealed by Tribal Resolution #101322-01, see
18.300(10.22)(a) of this Chapter........................................................................ 135
18.300(5.22)(b)
TO UNRESTRICT $30,000 THAT WAS PREVIOUSLY
APPROPRIATED IN TRIBAL RESOLUTION #102619-02 FOR
ZIIBIMIJWANG AND RETURN THE FUNDS TO THE GENERAL FUND
– FUND BALANCE RESTRICTED FOR ECONOMIC DEVELOPMENT ...
..................................................................................................................... 136
18.300(5.22)(c)
TO UNRESTRICT $10,000 THAT WAS PREVIOUSLY
APPROPRIATED IN TRIBAL RESOLUTION #122018-05 FOR ODAWA
AVIATION AND RETURN THE FUNDS TO THE GENERAL FUND –
FUND BALANCE RESTRICTED FOR ECONOMIC DEVELOPMENT ......
..................................................................................................................... 137
18.300(6.22)(a)
USE OF THIRD-PARTY SUPPORT REVENUE IN THE AMOUNT
OF $550,000 TO FUND THE START-UP EXPENSES OF A MEDICAIDONLY CLINIC.................................................................................................. 138
18.300(7.22)(a)
APPROPRIATION OF GENERAL FUNDS TO THE LITTLE
TRAVERSE BAY BANDS OF ODAWA INDIANS (LTBB) PLANNING
DEPARTMENT IN THE AMOUNT OF $1,000,000 TO SUPPORT THE
IHBG COMPETITIVE GRANTS PROGRAM FY 2021 CONSTRUCTION
PROJECT .......................................................................................................... 138
18.300(9.22)(a)
USE OF THIRD-PARTY SUPPORT REVENUE IN THE AMOUNT
OF $1,307,593.00 TO FUND THE CROOKED TREE WELLNESS CLINIC
FY2023 BUDGET ............................................................................................. 140
18.300(9.22)(b)
APPROPRIATION OF GENERAL FUNDS TO THE EXECUTIVE
BRANCH IN THE AMOUNT OF $28,510.12 TO SUPPORT THE
DEPARTMENT OF INTERIOR’S ROAD TO HEALING EVENT........... 140
18.300(9.22)(c)
APPROPRIATION OF GENERAL FUNDS TO THE LITTLE
TRAVERSE BAY BANDS OF ODAWA INDIANS HOUSING
DEPARTMENT IN THE AMOUNT OF $120,700.00 TO REPAIR 1431 US
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31, PETOSKEY, MI, 49770 AND 3202 PICKEREL LAKE RD, PETOSKEY,
MI, 49770 ........................................................................................................... 141
18.300(10.22)(a) TO RESTRICT AND APPROPRIATE $1,627,168.83 OF THE
RESERVED ACCOUNT SET ASIDE BY TRIBAL RESOLUTION #
071218-01 FOR LAND ACQUISITION FOR HUNTING AND
EXERCISING TREATY RIGHTS, HOUSING, SERVICES AND
ECONOMIC DEVELOPMENT ..................................................................... 142
18.300(10.22)(b) AUTHORIZING THE NATURAL RESOURCE DEPARTMENT
(NRD) TO MODIFY GENERAL FUND ACCOUNT 2204 AND 2208 AND
ALLOW THE USE OF THE FUNDS IN FY2023 ......................................... 144
18.300(10.22)(c)
REPEAL OF TRIBAL RESOLUTION # 032420-01 COVID-19
SUSPENSION OF DEADLINES FOR WOS 2015-016 TRIBAL
GOVERNMENT BUDGET FORMULATION AND MODIFICATION
PROCESS STATUTE, AND WAIVER OF APPROVAL REQUIREMENT
OF GRANT, DONATION, OR OTHER FUNDING POLICY .................... 145
18.300(10.22)(d) USE OF LOCAL ASSISTANCE & TRIBAL CONSISTENCY
(“LATC”) FUNDS IN THE AMOUNT OF ONE MILLION FIVE
HUNDRED THOUSAND ($1,500,000.00), FOR THE DEVELOPMENT OF
A MEDICAL CLINIC ...................................................................................... 146
18.300(12.22)(a) ZIIBIMIJWANG, INC. REQUESTS FOURTH QUARTER FUNDING
FOR FY2022 IN THE AMOUNT OF $36,399.00 TO COME FROM THE
GENERAL FUND-FUND BALANCE ............................................................ 147
18.300(12.22)(b) TRIBAL BURIAL BOARD, INC. REQUEST FOR FY2023
CONTRIBUTION IN THE AMOUNT OF $103,344.17 TO COME FROM
THE GENERAL FUND-FUND BALANCE .................................................. 148
18.300(12.22)(c) ZIIBIMIJWANG, INC. REQUESTS FOR FY2023 CONTRIBUTION
IN THE AMOUNT OF $150,000.00 TO COME FROM THE GENERAL
FUND-FUND BALANCE ................................................................................ 149
18.300(1.23)(a)
INCREASE HUMAN RESOURCES DEPARTMENT FY 2023
OPERATING BUDGET IN THE AMOUNT OF $40,000 FOR A WAGE
GRID STUDY AND DESIGN ........................................................................ 149
18.300(4.23)(a)
APPROPRIATION OF FUNDS FOR THE 2024 FISCAL YEAR
OPERATING BUDGETS ................................................................................ 150
Codification Note: The Appropriation of Fund can be found with the resolution on the LTBB
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18.300(5.23)(a)
TO UTILIZE OF THE AMERICAN RESCUE PLAN ACT (“ARP”)
FUNDS IN THE AMOUNT OF FIFTEEN THOUSAND SIX HUNDRED
NINETY-ONE ($15,691.00) FOR THE PURPOSE OF COVID-19
MITIGATION THROUGH INCREASES IN TRIBAL COUNCIL
TECHNOLOGY APPLICATIONS ................................................................ 152
18.300(7.23)(a)
BUDGET MODIFICATION IN THE AMOUNT OF $30,000 FOR FY
2023 TO SUPPORT THE LTBB ELDERS DEPARTMENT RAMP
PROGRAM TO COME FROM THE CAPITAL EXPENDITURES FUND
..................................................................................................................... 153
18.300(9.23)(a)
BUDGET MODIFICATION FOR FY 2023 IN THE AMOUNT OF
$72,015.94 TO CREATE A COMMUNITY HEALTH CASE MANAGER
AND A COMMUNITY HEALTH NAVIGATOR WITHIN THE
HEALTH DEPARTMENT TO COME FROM THIRD PARTY
REVENUE, AOA WORKFORCE GRANT, AND COMMUNITY
HEALTH FUNDS ............................................................................................ 153
18.300(9.23)(b)
BUDGET MODIFICATION FOR FY 2024 IN THE AMOUNT OF
$196,600.80 TO CREATE A COMMUNITY HEALTH CASE
MANAGER AND COMMUNITY HEALTH NAVIGATOR WITHIN
THE HEALTH DEPARTMENT TO COME FROM THIRD PARTY
REVENUE, AOA WORKFORCE GRANT, AND COMMUNITY
HEALTH FUNDS ............................................................................................ 154
18.300(9.23)(c)
ACCEPTANCE OF TRIBAL SETTLEMENT TRUSTS FOR THE
NATIONAL PRESCRIPTION OPIATE MULTI-DISTRICT LITIGATION
TRIBAL OPIOID ABATEMENT FUNDS .................................................... 155
18.300(10.23)(a) SUPPLEMENTAL FUNDING IN THE AMOUNT OF $46,000 TO
COME FROM THE GENERAL FUND- FUND BALANCE FOR FY
2023 PER CAPITA DISTRIBUTION.......................................................... 156
18.300(11.23)(a) INCREASE SAFETY DEPARTMENT FY 2024 OPERATING
BUDGET IN THE AMOUNT OF $26,825 TO COME FROM THE
INDIRECT BUDGET AND $52,241.75 FROM THE GENERAL FUNDFUND BALANCE ............................................................................................ 157
18.300(11.23)(b) BUDGET MODIFICATION FOR FY 2023 TO TRANSFER FUNDS
WITHIN THE LTBB REGULATORY DEPT AND $30,000 TO COME
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FROM THE TRIBAL CHAIRPERSON’S GENERAL FUND BUDGET ....
..................................................................................................................... 158
18.300(12.23)(a) CARRYOVER OF UNSPENT FUNDS IN THE AMOUNT OF
$40,000.00 FOR GOVERNMENT WAGE GRID STUDY AND DESIGN .......
..................................................................................................................... 158
18.300(12.23)(b) ZIIBIMIJWANG, INC. REQUEST FOR FY2024 CONTRIBUTION IN
THE AMOUNT OF $166,802.00 TO COME FROM THE GENERAL
FUND-FUND BALANCE ................................................................................ 159
18.300(1.24)(a)
AUTHORIZING PAYMENT OF OEDMI OVERDRAFT AND
FUTURE INTEREST PAYMENTS TO FIFTH THIRD BANK TO COME
FROM THE GENERAL FUND-FUND BALANCE ..................................... 160
18.300(1.24)(b)
AUTHORIZING TREASURER SHOMIN TO SIGN AUDIT
ENGAGEMENT LETTERS AND AUTHORIZE PAYMENT OF $21,000 .....
..................................................................................................................... 161
18.300(1.24)(c)
AUTHORIZING PAYMENT OF ODAWA ECONOMIC
DEVELOPMENT MANAGEMENT, INC.’S OUTSTANDING INVOICES
OF $100,000.00 TO COME FROM THE GENERAL FUND-FUND
BALANCE ......................................................................................................... 161
18.300(1.24)(d)
AUTHORIZING PAYMENT OF OEDMI’S 2022 OUTSTANDING
AUDIT BALANCE IN THE AMOUNT OF $7,500.00 TO COME FROM
THE GENERAL FUND-FUND BALANCE .................................................. 162
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Chapter Two. Budgetary Matters
18.201 Relocated to Funding Requests at 18.200(6.08)(a)
18.202 FUNDING FOR HOUSING DEPARTMENT TO CONSTRUCT A SINGLE
FAMILY HOME IN PELLSTON IN COOPERATION WITH THE PELLSTON
SCHOOL DISTRICT NOT TO EXCEED THE AMOUNT OF $90,000.00 TO COME
FROM PRIOR PERIOD FUNDS
A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes funding for the Housing Department budget 1715-4-00 for the
construction of a single-family home in the Village of Pellston in cooperation with the Pellston
School District not to exceed the amount of $90,000.00 to come from prior period funds.
(Source: TRIBAL RESOLUTION # 062208-02)
18.203 AUTHORIZING AN ADDITIONAL APPROPRIATION OF $7,000 TO THE 2008
ODAWA HOMECOMING JIINGTAMOK / POW-WOW COMMITTEE TO COME
FROM PRIOR PERIOD FUNDS
A.
THEREFORE, BE IT RESOLVED Tribal Council authorizes an appropriation of
$7,000 to come from Prior Period funds to the 2008 Odawa Homecoming Jiingtamok / PowWow line item 2101-2-00.
B.
FURTHER RESOLVED that any revenues raised and all surplus funds of the
Jiingtamok / Pow Wow Committee in 2008 shall be carried over to Fiscal Year 2009 for the
Odawa Homecoming Jiingtamok Budget;
C.
FINALLY RESOLVED that Tribal Council recognizes Winnay Wemigwase and
Annette VanDeCar as the 2008 co-chairpersons of the 2008 Odawa Homecoming Jiingtamok as
check requestors and the Tribal Administrator as the check requestor’s approval.
(Source: TRIBAL RESOLUTION # 062208-03)
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18.204 ACCEPTANCE OF RESIDUAL INTEREST DISTRIBUTION UNDER PUBLIC
LAW 105-143
A.
THEREFORE BE IT RESOLVED that Little Traverse Bay Bands of Odawa Indians
agrees with the proposed distribution of judgment fund monies as set out in the letter dated May
18, 2009 from Gerald F. Parish to LTBB Chairman Frank Ettawageshik.
(Source: TRIBAL RESOLUTION # 062809-01)
18.205 FUNDING FROM MICHIGAN INTER-TRIBAL COUNCIL, INC., MICHIGAN
DEPARTMENT OF COMMUNITY HEALTH ELDERLY SUPPLEMENTAL
CONTRACT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS ELDERS’
PROGRAM SUPPLEMENT
A.
THEREFORE BE IT RESOLVED that the Tribal Council of the Little Traverse Bay
Bands of Odawa Indians authorizes the receipt of funds from the Inter-Tribal Council of
Michigan, Inc. for supplemental Elders’ program funding.
B.
FURTHER RESOLVED, that LTBB authorizes the Executive Director of the InterTribal Council of Michigan or his/her designee to negotiate and implement the financial award
on behalf of the member Tribes of the Inter-Tribal Council of Michigan, and also authorizes
Tribal Chairman Frank Ettawageshik, Vice Chairman William I. Denemy, Tribal Administrator
Albert Colby Jr., or another designee from the Tribal Chairman to execute any documents
needed for LTBB’s participation in the program.
(Source: TRIBAL RESOLUTION # 070609-04)
18.206 REPEALED: TRIBAL GOVERNMENT BUDGET REVISION FISCAL YEAR
2009
(Source: TRIBAL RESOLUTION # 012509-07/Repealed by # 071209-08)
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18.207 REPEALED: THE ODAWA CASINO RESORT IS IN DEFAULT ON
PAYMENTS TO THE TRIBAL GOVERNMENT
(Source: TRIBAL RESOLUTION # 030809-02/Repealed by # 032209-08)
18.208 PROVIDE FOR A PAYMENT SCHEDULE FOR THE REMAINING BALANCE
DUE ON THE LINE-OF-CREDIT FOR BELL’S FISHERY
A.
THEREFORE, BE IT RESOLVED, that Little Traverse Bay Bands of Odawa Indians
Tribal Council authorizes the payment schedule for repayment of the Line of Credit for Bell’s
Fishery as follows: Bell’s Fishery will pay $60,000 by April 30, 2009, a monthly payment of
$1,000.00 beginning May 01, 2009 and lump-sum payments each September for the years 2009,
2010, and 2011 with any remaining balance due shall be paid with the September, 2011 payment.
(Source: TRIBAL RESOLUTION # 032209-07)
18.209 THE ODAWA CASINO RESORT IS IN DEFAULT ON PAYMENTS TO THE
TRIBAL GOVERNMENT
A.
THEREFORE, BE IT RESOLVED the Gaming Board of Directors shall immediately
take measures to ensure all future payments to the Tribal Government are paid on time on a
monthly basis by the last day of the month and shall report to the Tribal Council the exact
amount of delinquency and shall develop a plan to start immediate payments to bring this
balance due current;
B.
BE IT FURTHER RESOLVED that this Resolution repeals and replaces TRIBAL
RESOLUTION # 030809-002.
(Source: TRIBAL RESOLUTION # 0302209-08)
18.210APPROPRIATION OF FUNDS FOR THE 2010 OPERATING BUDGETS AND
RESTATEMENT OF FUNDING ALLOCATION FOR THE 2010 FISCAL YEAR
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A.
THEREFORE, BE IT RESOLVED that priority funding allocation for 2010 fiscal year
shall be as follows: Tribal Government 19.85%, Economic Development 21.49%, General
Welfare 39.34%, Distributions 15.22%, Donations 0.24%;
B.
BE IT FURTHER RESOLVED that the allocation be split amongst the Divisions as
follows: Legislative 3.53%, Judicial 6.16%, Prosecutor 1.27% Election Board 0.29%, and
Executive Branch 83.24%;
C.
FINALLY BE IT RESOLVED that the 2010 operating budgets are adopted as
presented on the budget summary pages 1 to 6 in the amount of $639,185 for the Legislative
Branch; $835,482 for the Judicial branch; $39,849 for the Election Board; $171,935 for the
Prosecutor; and $27,798,005 for the Executive Branch. This total budget of $29,484,456 includes
the revenues derived from the casino operation in accordance with the bond indentures that are
subject to the above funding allocation percentages, and the revenues and expenditures
anticipated to be received from grants, contracts and cost recovery programs.
(Source: TRIBAL RESOLUTION # 041909-05)
18.211 Relocated to Funding Requests at 18.200(6.09)(a)
18.212 MICHELLE CHINGWA EDUCATION ASSISTANCE ACT SUPPLEMENTAL
APPROPRIATION OF $70,000 TO REINSTATE SCHOLARSHIP LEVELS AND
RATES FOR THE BALANCE OF FY 2009 FROM PRIOR PERIOD FUNDS
A.
THEREFORE, BE IT RESOLVED that the Tribal Council appropriates the sum of
$70,000 to the Michelle Chingwa Educational Assistance Fund from prior period funds to
supplement the program funding to reinstate the 2009 scholarship levels and rates through the
end of FY 2009.
(Source: TRIBAL RESOLUTION # 072609-02)
18.213 CASINO DEBT
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A.
THEREFORE, BE IT RESOLVED that the Tribal Council directs the suspension of
any payment of interest in the amount of $6.3 million due August 17th on $122 million of senior
unsecured notes and the Chairperson shall administer his oversight authority to the extent
necessary to ensure that said payments are suspended until such time that Tribal Council
approves otherwise.
B.
FURTHER BE IT RESOLVED that the Tribal Council directs the Executive through
the Gaming Board of Directors to continue to make any and all other payments in the ordinary
course of business and in accordance with existing terms and schedules and the Chairperson shall
administer his oversight authority to the extent necessary to ensure that funds are so
administered.
C.
FINALLY BE IT RESOLVED that the Chairperson is authorized to continue the
negotiations of a forbearance agreement with the holders of a majority in principal amount of the
outstanding bonds for final approval by Tribal Council.
(Source: TRIBAL RESOLUTION # 080909-01)
18.214 Relocated to Funding Requests at 18.200(8.09)(a)
18.215 PROVIDING FOR PRIORITY FUNDING ALLOCATION FOR 2011 FISCAL
YEAR
A.
THEREFORE BE IT RESOLVED that priority funding allocation for 2011 fiscal year
shall be as follows: Tribal Government 21.0% Economic Development 22.2% General Welfare
41.0% Distributions 15.5% Donations 0.3%;
B.
BE IT FURTHER RESOLVED that the Tribal Government allocation from the above
for all divisions be split amongst them as follows: Legislative 4.0% Judicial 6.5% Election Board
.7% Prosecutor 1.5% and Executive Branch 86.3% with the remaining 1% being reserved for
investments.
(Source: TRIBAL RESOLUTION # 101109-01)
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18.216 AUTHORIZING AN APPROPRIATION OF $76,000 FOR THE 2009 PER CAPITA
DISTRIBUTION
A.
THEREFORE, BE IT RESOLVED Tribal Council authorizes the payment of $500 per
Tribal citizen for the annual per capita distribution in early December 2009.
B.
BE IT FURTHER RESOLVED Tribal Council authorizes an appropriation of $76,000
to come from prior-period funds to the distribution program;
C.
FINALLY RESOLVED that Tribal Council approves budget modification 1401-8
approving the modified budget of $2,210,000.
(Source: TRIBAL RESOLUTION # 102509-02)
18.217 FUNDING FOR CHILDREN’S WINTER SOLSTICE PARTY AND MONETARY
GIFT
A.
THEREFORE, BE IT RESOLVED that the Tribal Council appropriates the sum of
$17,000 approves budget modification to 2104-2-00 Winter Solstice Party with funds to come
from Prior Year funding provided that each Tribal Child of the age of eighteen (18) years of age
or younger shall receive a $20.00 Winter Solstice gift in lieu of gifts being distributed at the Winter
Solstice Party.
.
(Source: TRIBAL RESOLUTION # 110809-01)
18.218 NATIONAL CITY BANK LOAN REFINANCING
A.
THEREFORE, BE IT RESOLVED that the Tribal Council agrees through this
resolution:
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1.
To refinance the existing loan for 7500 Odawa Circle, Harbor Springs, Michigan in the
amount of $2,383,166.66 for 5 years from the date of closing with National City Bank including
no early prepayment penalty and a waiver of LTBB’s common law immunity to suit ;
2.
To authorize the negotiation of terms of financing by Chairman Ken Harrington, or in his
absence Vice Chair Dexter McNamara along with Tribal Councilor Marvin Mulholland to be
approved by Tribal Council.
(Source: TRIBAL RESOLUTION # 120609-01)
18.219 AUTHORIZATION FOR LOAN ON 7500 ODAWA CIRCLE
A.
THEREFORE, BE IT RESOLVED that the Tribal Council agrees through this
resolution to approve the terms of refinance for the existing loan against 7500 Odawa Circle,
Harbor Springs, Michigan. The loan is in the amount of $2,383,166.63 with payments of $23,000
per month plus a variable interest at 3.50% plus LIBOR 30, 60 or 90 day, with a balloon
payment due at the maturity date. The loan is extended for a term of five years from the date of
closing with National City Bank including no early repayment penalty and a waiver of LTBB's
common-law immunity from suit,
B.
FURTHER BE IT RESOLVED that Tribal Council authorizes Chairman Ken
Harrington, or in his absence Vice Chair Dexter McNamara to execute the note and the related
loan documents.
(Source: TRIBAL RESOLUTION # 121509-01)
18.220 AUTHORIZATION FOR EXECUTION OF PNC BANK LOAN DOCUMENTS
A.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
Tribal Council: (i) hereby approves the execution, delivery and performance under the Loan
Documents, in substantially the form presented to the Tribal Council; (ii) authorizes Kenneth J.
Harrington, as Tribal Chairman and John Bott, as Tribal Treasurer, by and on behalf of the Tribe,
to execute the Loan Documents and deliver the Loan Documents to the Bank, in substantially the
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form presented to the Tribal Council subject to such minor non-substantive changes as the Tribal
Chairman may approve, together with such other documents and certificates required in connection
with the Loan Documents and approved by the Tribal Chairman, and to take all other actions
consistent with this resolution and necessary to consummate the Bank financing; and (iii)
authorizes the limited waiver of sovereign immunity as expressly set out in the Loan Documents.
(Source: TRIBAL RESOLUTION # 012410-01)
18.221 Relocated to Funding Requests at 18.200(2.10)(a)
18.222 TO PROVIDE FOR A MORATORIUM ON ODAWA CASINO RESORT’S
SINKING FUND
A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
Tribal Council places a moratorium on any spending of the remaining balance of the “sinking
fund” held by the Odawa Casino Resort, until further notice and the Tribal Chairman shall
administer his oversight authority to the extent necessary to ensure that such funds are not
expended.
(Source: TRIBAL RESOLUTION # 030710-09)
18.223 REPEALED--RE-ESTABLISHMENT OF A LINE-OF-CREDIT FOR BELL’S
FISHERY FROM CURRENT CASH FLOW NOT TO EXCEED $170,000.00
(Source: TRIBAL RESOLUTION # 030710-10)
18.224 AUTHORIZING AN ADDITIONAL APPROPRIATION OF $18,000 TO THE 2010
ODAWA HOMECOMING JIINGTAMOK / POW-WOW COMMITTEE TO COME
FROM PRIOR PERIOD FUNDS
A.
THEREFORE, BE IT RESOLVED Tribal Council authorizes an appropriation of
$18,000 to come from Prior Period funds to the 2010 Odawa Homecoming Jiingtamok / PowWow line item 2101-2-00.
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B.
FURTHER RESOLVED that any revenues raised by fundraisers or donations and all
surplus funds of the Jiingtamok / Pow Wow Committee in 2010 shall be carried over to Fiscal
Year 2011 for the Odawa Homecoming Jiingtamok Budget;
C.
FINALLY RESOLVED that Tribal Council recognizes Annette VanDeCar as the 2010
chairperson of the 2010 Odawa Homecoming Jiingtamok as check requestor and the Tribal
Administrator as the check requestor’s approval.
(Source: TRIBAL RESOLUTION # 032110-01)
18.225 Relocated to Funding Requests at 18.200(3.10)(a)
18.226 APPROPRIATION OF FUNDS FOR THE 2011 OPERATING BUDGETS AND
RESTATEMENT OF FUNDING ALLOCATION FOR THE 2011 FISCAL YEAR
A.
THEREFORE, BE IT RESOLVED that priority funding allocation for 2011 fiscal year
shall be as follows: Tribal Government 21.71%, Economic Development 18.95%, General
Welfare 36.94%, Distributions 14.94%, Donations 0.30%;
B.
BE IT FURTHER RESOLVED that the allocation be split amongst the Divisions as
follows: Legislative 3.91%, Judicial 6.98%, Prosecutor 1.42%, Election Board 0.79%, and
Executive Branch 80.85%, Investment .99%;
C.
FINALLY BE IT RESOLVED that the 2011 operating budgets are adopted as presented
on the budget summary pages 1 to 4 in the amount of $782,245 for the Legislative Branch;
$972,011 for the Judicial branch; $110,182 for the Election Board; $197,558 for the Prosecutor;
and $28,385,363 for the Executive Branch. This total budget of $30,717,775 includes the revenues
derived from the casino operation in accordance with the bond indentures that are subject to the
above funding allocation percentages, and the revenues and expenditures anticipated to be received
from grants, contracts and cost recovery programs.
(Source: TRIBAL RESOLUTION # 041110-01)
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18.227 REPEALED--AUTHORIZATION FOR PAYOFF OF LOAN ON 7500 ODAWA
CIRCLE
(Source: TRIBAL RESOLUTION # 050210-01; Repealed by TRIBAL RESOLUTION # 05161002)
18.228 Relocated to Funding Requests at 18.200(5.16)(a)
18.229 FUNDING FOR THE MICHIGAN INDIAN FAMILY OLYMPICS IN THE
AMOUNT OF $4,700 FROM PRIOR YEAR FUNDS
A.
THEREFORE, BE IT RESOLVED that the Tribal Council of the Little Traverse Bay
Bands of Odawa Indians approves and authorizes funding for participation in the Michigan Indian
Family Olympics in the amount of $4,700.00.
B.
FURTHER, BE IT RESOLVED that the Tribal Council appropriate $4,700.00 from prior
year funds to be placed within the Executive Budget to fund participation for this event.
(Source: TRIBAL RESOLUTION # 060610-01)
18.230 Relocated to Funding Requests at 18.200(6.10)(a)
18.231 Relocated to Funding Requests at 18.200(6.10)(b)
18.232 Relocated to Funding Requests at 18.200(7.10)(a)
18.233 Relocated to Funding Requests at 18.200(8.10)(a)
18.234 Relocated to Funding Requests at 18.200(8.10)(b)
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18.235 AUTHORIZATION FOR PAYOFF OF LOAN ON 911 SPRING STREET,
PETOSKEY, MICHIGAN IN THE AMOUNT OF APPROXIMATELY $87,000.00
A.
THEREFORE, BE IT RESOLVED that the Tribal Council authorizes and approves for
the existing loan against 911 Spring Street, Petoskey, Michigan in the amount of approximately
$87,000.00 to be paid in full with the Northern Michigan Bank secured collateral account and
any remaining funds be transferred to the Tribe’s General fund account.
B.
FURTHER BE IT RESOLVED that Tribal Council authorizes and requests the
Chairman, or in his absence Vice Chair administer oversight authority to the extent necessary to
ensure that such funds are applied in accordance with this Tribal Resolution.
(Source: TRIBAL RESOLUTION # 091210-01)
18.236 Relocated to Funding Requests at 18.200(10.10)(a)
18.237 PROVIDING FOR PRIORITY FUNDING ALLOCATION FOR 2012 FISCAL
YEAR
A.
THEREFORE BE IT RESOLVED that priority funding allocation for 2012 fiscal year
shall be as follows: Tribal Government 21.0% Economic Development 22.2% General Welfare
41.0% Distributions 15.5% Donations 0.3%;
B.
BE IT FURTHER RESOLVED that the Tribal Government allocation from the above
for all divisions be split amongst them as follows: Legislative 4.0% Judicial 7% Election Board
1% Prosecutor 1.5% and Executive Branch 85.5% with the remaining 1% being reserved for
investments.
(Source: TRIBAL RESOLUTION # 101010-03)
18.238 AUTHORIZATION FOR LIQUIDATION OF INVESTMENT FUNDS IN THE
AMOUNT UP TO APPROXIMATELY $5,000,000.00
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A.
THEREFORE, BE IT RESOLVED that the Tribal Council authorizes and approves for
the liquidation of the Merrill Lynch investment account up to the amount of approximately
$5,000,000 be paid toward the closing of the bond restructuring.
B.
FURTHER BE IT RESOLVED that Tribal Council authorizes and requests the
Chairman, or in his absence Vice Chair, administer oversight authority to the extent necessary to
ensure that such funds are spent in accordance with this Tribal Resolution.
(Source: TRIBAL RESOLUTION # 110710-01)
18.239 AUTHORIZATION FOR LIQUIDATION OF INVESTMENT FUNDS IN THE
APPROXIMATE AMOUNT OF $526,000.00
A.
THEREFORE, BE IT RESOLVED that the Tribal Council authorizes and approves for
the liquidation of the PNC investment account in the amount of $526,000.00 to be paid toward
the closing of the bond restructuring.
B.
FURTHER BE IT RESOLVED that Tribal Council authorizes and requests the
Chairman, or in his absence Vice Chair, administer oversight authority to the extent necessary to
ensure that such funds are spent in accordance with this Tribal Resolution.
(Source: TRIBAL RESOLUTION # 110710-02)
18.240 AUTHORIZING EXCHANGE OF NOTES, AMENDMENT OF INDENTURE
AND RELATED ACTIONS
A.
THEREFORE BE IT RESOLVED THAT:
1.
Approval of Restructuring Transaction. The Tribal Council has previously
approved and does hereby reaffirm its approval of the Restructuring Transaction,
including the issuance of no more than $40,000,000 in principal amount of New Notes
and the payment of no more than $23,000,000 in cash to the Holders of the Old Notes
who tender their Old Notes for exchange and the amendment and restatement of the Old
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Indenture. The issuance of the New Notes shall be effectuated pursuant to an exemption
from the registration requirements under the Securities Act of 1933, as amended. The
New Notes shall have the terms as set forth in the New Indenture and be in the form set
forth as an exhibit to the New Indenture.
2.
Approval of Execution and Delivery of Financing Documents and Related
Documents. The Tribal Council hereby consents to and authorizes the execution and
delivery of the Financing Documents by the Tribal Chair and Tribal Treasurer on behalf
of the Tribe, and consents to and authorizes the transactions contemplated by the
Financing Documents and the performance of the Tribe’s obligations under the Financing
Documents; provided that no substantive changes shall be made to any Financing
Document without the approval of the Tribal Council; and provided, further, that the
execution of the same shall be conclusive evidence of such consent and authorization. In
addition, the Tribal Council further authorizes the Tribal Chair and Tribal Treasurer on
behalf of the Tribe to execute and deliver such additional documents as are contemplated
by the Financing Documents or are necessary or advisable in the judgment of the Tribal
Chair and Tribal Treasurer to consummate the transactions contemplated by the
Financing Documents, including without limitation, Tribal certifications, authentication
orders, Issuer requests for action by a trustee, a flow of funds memorandum and a closing
statement, with the execution of the same being conclusive evidence of such
authorization. The Tribal Council specifically authorizes the limited waivers of
sovereign immunity as set forth in the Financing Documents.
3.
Additional Actions. the Tribal Chair and Tribal Treasurer on behalf of the Tribe
are hereby authorized to take such additional actions as are required or desirable to effect
the purposes of this Resolution and as contemplated by the Financing Documents.
4.
Binding Obligation. The Tribal Council acknowledges and agrees that the rights
and remedies afforded by the Financing Documents shall be binding upon the Tribe until
the Tribe has satisfied all of its obligations under the Financing Documents.
5.
Limited Waiver of Sovereign Immunity. With respect to actions arising under the
Financing Documents and the transactions contemplated thereby, the Tribal Council
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expressly waives the Tribe’s sovereign immunity and any defense based thereon from
any suit, action or proceeding or from any legal process in any forum listed in Section
13.07 of the New Indenture and Section 12.07 of the Amended and Restated Indenture.
This waiver and consent shall be irrevocable and shall not be rescinded, revoked or
modified without the prior written consent of the respective trustee.
6.
Governing Law. The Financing Documents other than those containing a contrary
express choice of law provision shall be construed in accordance with the internal laws of
the State of New York.
7.
Determination. The Tribal Council hereby determines that neither the Constitution
nor the Bylaws, nor any other laws, ordinances, resolutions or other actions of the Tribe,
or any of the agencies or instrumentalities of the Tribe, either written or established by
custom or tradition, (a) prohibit the Tribe from executing, delivering and performing its
obligations under the Financing Documents in accordance with their respective terms, or
(b) create any obligation of the Tribe to submit these matters for approval of or consent
from any officer, body, agency, or instrumentality of the Tribe, or any vote by members
of the Tribe.
8.
Miscellaneous.
a.
Any resolutions or other actions of the Tribe, or any of its officers,
employees, or agents, either written or established by tradition that are in conflict
with or inconsistent with the terms of this Resolution or any provision set forth in
a Financing Document are hereby to such extent repealed and annulled. This
Resolution shall supersede any prior or currently existing resolutions or other
actions of the Tribe that is contrary to or inconsistent with the actions authorized
or contemplated herein or in a Financing Document.
b.
If the application of any provision of this Resolution or a Financing
Document to any person or circumstance is held to be invalid, the remainder of
this Resolution and the Financing Document shall not be affected.
c.
The Tribal Council affirms the representations and warranties of the Tribe
contained in the Financing Documents.
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(Source: TRIBAL RESOLUTION # 112910-01)
18.241 AUTHORIZING A DONATION TO THE LTBB ELDERS ASSOCIATION, A
NON-PROFIT CORPORATION, IN THE AMOUNT OF $6,900.00 TO COME FROM
PRIOR YEAR FUNDS
A.
THEREFORE, BE IT RESOLVED Tribal Council authorizes an appropriation of
$6,900.00 to come from Prior Year funds to the LTBB Elders Association for the attendance at
the National Indian Council on Aging conference being held in Traverse City, Michigan,
September 25-27, 2010.
B.
FINALLY RESOLVED that in accordance with the Constitution, the Tribal Chairman
shall administer his Executive oversight authority to the extent necessary to ensure the
appropriation of such funds.
(Source: TRIBAL RESOLUTION # 091210-02)
18.242RESTATEMENT OF FUNDING ALLOCATION FOR THE 2012 FISCAL YEAR
A.
THEREFORE, BE IT RESOLVED that the allocation is restated to be approximately
split amongst the Divisions as follows: Legislative 3.8%, Judicial 7.8%, Prosecutor 1.4%,
Election Board .5%, and Executive Branch 85.5%, Investment 1%;
B.
FURTHER, BE IT RESOLVED that this Tribal Resolution replaces Tribal Resolution
#101010-03.
(Source: TRIBAL RESOLUTION # 050111-01)
18.243 PROVIDING FOR PRIORITY FUNDING ALLOCATION FOR THE 2013
FISCAL YEAR
A.
THEREFORE BE IT RESOLVED that the Priority Allocation Percentages for FY2013
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be allocated to the Tribal Government at 23.21%, Economic Development at 20.45%, General
Welfare at 38.45%, Distributions at 16.44% and Donations at 1.45%;
B.
THEREFORE BE IT FURTHER RESOLVED that the Tribal Government percentage
allocation from above is to be split among all divisions as follows: Legislative 5.714%, Judicial
7.534%, Election Board .804%, Prosecutor 1.384%, and Executive Branch 83.564% with the
remaining 1% being reserved for investments based on an anticipated amount of $12.5 million.
(Source: TRIBAL RESOLUTION # 100911-01)
18.244 AUTHORIZATION OF ODAWA CASINO RESORT CHECK SIGNING
AUTHORITY
A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council directs the Gaming Delegation and Authority to grant check signing
authority to the Odawa Casino Resort General Manger and Director of Finance for the necessary
operation of the enterprises.
(Source: TRIBAL RESOLUTION # 010911-02)
18.245 Relocated to Funding Matters at 18.200(12.12)(a)
18.246 FUNDING for ODAWA FISHERY, INC. IN THE AMOUNT OF $150,000.00 TO
COME FROM PRIOR PERIOD FUNDS
A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes funding to the Tribally Chartered Corporation, Odawa Fishery,
Inc. in the amount of $150,000 to come from prior period funds.
(Source: TRIBAL RESOLUTION # 010613-01)
18.247 CONFIRMATION OF THE ESTABLISHMENT OF THE CAPITAL PROJECT
FUND, REMAINING BALANCE, and PAYMENT TO CONSULTS AND VENDORS
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A.
THEREFORE BE IT RESOLVED that the establishment of the Capital Project Fund is
confirmed and has a remaining balance of fund is $1,310,134.00 to be used for payment to
consultants and vendors who provide services relating to the Mackinaw Casino Project as set
forth in the Policy and Procedure for Authorization of the Pre-Construction Capital Project
Funds Related to the proposed Mackinaw Casino Economic Development Project.
(Source: TRIBAL RESOLUTION # 010613-02)
1.248 FUNDING FOR STATUTE WAGANAKISING ODAWAK STATUTE 2013-002
TRIBAL HISTORIC PRESERVATION OFFICE OF PROTECTION AND
MANAGEMENT
A.
THEREFORE, BE IT RESOLVED, Tribal Council appropriates an additional sum of
40,000.00 to implement Waganakising Odawak Statute 2013-002 with such funding to come
from Prior year funding and the Tribal Chairman shall administer his oversight authority to the
extent necessary to ensure the administration of such funds.
(Source: TRIBAL RESOLUTION # 042113-01)
18.249 TO COMPLETE CONSTRUCTION OF THE FISHERIES ENHANCEMENT
FACILITY
A.
THEREFORE BE IT RESOLVED that Tribal Council through its Constitutional duty
“authorizes the appropriation” of $50,000 from prior year funds to the complete the construction
of the Fisheries Enhancement facility and Tribal Chairman shall administer his oversight
authority to the extent necessary to ensure the administration of such funds.
(Source: TRIBAL RESOLUTION # 042113-04
18.250APPROPRIATION OF FUNDS FOR THE 2014 OPERATING BUDGETS AND
RESTATEMENT OF FUNDING ALLOCATION FOR THE 2014 FISCAL YEAR
A.
THEREFORE, BE IT RESOLVED that priority allocation percentages for FY 2014 be
allocated to the Tribal Government at 21.83%, Economic Development at 8.03%, General
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Welfare at 33.55%, Distributions at 13.84%, Donations at 0.21%, and Repayment of Debt/Tribal
Priorities at 22.54%;
B.
THEREFORE BE IT FURTHER RESOLVED that the Tribal Government percentage
allocation from above is to be split among all Divisions, based on an anticipated amount of
$16,638,000 as follows: Legislative 8.23%, Judicial 6.69%, Prosecutor 0.97%, Election Board
0.53%, Executive Branch 61.04%, Repayment of Debt/Tribal Priorities 22.54%;
C.
FINALLY BE IT RESOLVED that the 2014 operating budgets are adopted as
presented on the approved budget summary pages one to six in the amount of $2,134,316 for the
Legislative Branch; $1,113,232 for the Judicial branch; $87,686 for the Election Board;
$160,834 for the Prosecutor; $28,992,739 for the Executive Branch, and $3,750,000 for the
Repayment of Debt/Tribal Priorities. This total budget of $36,238,807 includes the revenues
derived from the casino operation in accordance with the bond indentures that are subject to the
above funding allocation percentages, and the revenues and expenditures anticipated to be
received from grants, contracts and cost recovery programs.
D.
FINALLY BE IT RESOLVED that the phone poll dated October 15, 2012, Providing
for Priority Allocation for 2014 Fiscal Year is hereby rescinded.
(Source: TRIBAL RESOLUTION # 043013-01)
18.251 REFINANCING OF THE TRIBE’S NOTES AND OTHER ECONOMIC
DEVELOPMENT OPPORTUNITIES INCLUDING THE POTENTIAL MACKINAW
CITY CASINO
A.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Chair and the Tribal Treasurer shall sign, by and on behalf of the Tribe, the
necessary documents to pursue and effectuate financial options for the refinancing of the Tribe’s
$40,000,000 Senior Secured Notes, due in 2020, including the use of a “green shoe” option for
other economic development opportunities such as the potential Mackinaw Casino and other
financial opportunities for financing the potential Mackinaw City casino, provided that such
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documents shall have prior approval by Tribal Council.
B.
FURTHER RESOLVED that all written reports, drafts and analyses prepared by
Sovereign Finance for LTBB in preparation for a proposed refinancing, as well as the draft and
final refinancing documents, will be provided to the Tribal Council and to the Tribal Chair.
C.
FURTHER BE IT RESOLVED that in accordance with the Constitution, the Executive
Branch shall execute and administer the laws and resolutions of the Little Traverse Bay Bands of
Odawa Indians as part of the Chair’s Executive powers and duties.
(Source: TRIBAL RESOLUTION # 051513-01)
18.252 Relocated to Funding Requests at 18.200(6.13)(a)
18.253 Relocated to Funding Requests at 18.200(7.13)(a)
18.254 APPROPRIATIONS TO DEPARTMENT OF HUMAN SERVICES TO PROVIDE
HEARING AIDES FOR TRIBAL CITIZENS
A.
THEREFORE BE IT RESOLVED that Tribal Council through its Constitutional duty
“authorizes the appropriation” of funding for the hearing aid program in the amount of
$200,000.00, $100,000.00 for FY 2013 and $100,000.00 for FY 2014 to come from prior period
funds and the Tribal Chairman shall administer his oversight authority to the extent necessary to
ensure the administration of such funds and continue to request funding for future budget cycles.
(Source: TRIBAL RESOLUTION # 081813-01)
18.255 Relocated to Funding Requests at 18.200(9.13)(a)
18.256 FUNDING FOR ODAWA FISHERY, INC. IN THE AMOUNT OF $150,000.00 TO
COME FROM PRIOR PERIOD FUNDS
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A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes funding to the Tribally Chartered Corporation, Odawa Fishery,
Inc. in the amount of $150,000 to come from prior period funds.
(Source: TRIBAL RESOLUTION # 092213-05)
18.257 APPROPRIATION OF ADDITIONAL FUNDS FOR 2013 PER CAPITA
DISTRIBUTION IN THE AMOUNT OF $413,019.36
A.
THEREFORE BE IT RESOLVED that the Tribal Council of the Little Traverse Bay
Bands of Odawa Indians authorizes and appropriates an additional sum of $413,019.36 to the
program for per capita distributions for FY2013 with funds to come from prior year funds;
B.
BE IT FURTHER RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION # 100613-01)
18.258 APPROVAL OF THE GAMING AUTHORITY COMMITTEE FY 2014 BUDGET
A.
THEREFORE BE IT RESOLVED that the Tribal Council approves a budget for the
Gaming Delegation and Authority in the amount of $36,450.00, for FY 2014 in accordance with
WOS 2010-021 Gaming Delegation and Authority Statute.
(Source: TRIBAL RESOLUTION # 110313-01)
18.259 Relocated to Funding Requests at 18.200(11.13)(a)
18.260 Relocated to Land Matters at 18.318(12.13)(a)
18.261 CARRYOVER OF FY 2013 HEARING AID FUNDS
THEREFORE BE IT RESOLVED that the Tribal Council of the Little Traverse Bay Bands of
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Odawa Indians authorizes and approves the Carryover of $100,000.00 from the FY 2013 budget
to the FY 2014 budget for the purpose of the hearing aid program.
(Source: TRIBAL RESOLUTION #122213-01)
18.262 APPROPRIATIONS
TO
ODAWA
ECONOMIC
DEVELOPMENT
MANAGEMENT, INC. (OEDMI) IN THE AMOUNT OF $50,000 TO COME FROM
PRIOR PERIOD FUNDS
THEREFORE BE IT RESOLVED that Tribal Council through its Constitutional duty
“authorizes the appropriation” of funding to the Odawa Economic Development Management, Inc.
(OEDMI) in the amount of $50,000.00, to come from prior period funds and the Tribal Chairman
shall administer his oversight authority to the extent necessary to ensure the administration of such
funds.
(Source: TRIBAL RESOLUTION #021614-01)
18.263 Relocated to Funding Requests at 18.200(4.14)(a)
18.264 APPROVAL TO AMEND OF THE GAMING AUTHORITY COMMITTEE FY
2014 BUDGET
A.
WHEREAS in order to better assess slot performance, the Gaming Authority
Committee would like a consultant to evaluate several areas related to slot performance and slot
marketing, and provide recommendations that may increase gaming revenue through helping the
casino gain additional market share in the locals market, mid-market and outer;
B.
WHEREAS Gaming Authority Committee has received a proposal from a consultant
named Stephen M. Simon to prepare the evaluation services in the amount not to exceed
$40,000.00 and requested approval by the Appropriations and Finance Committee to supplement
and amend their FY 2014 budget in the amount of $40,000.00 and it was approved and
recommended to Tribal Council for approval by the Appropriation and Finance Committee at its
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June 17, 2014 meeting;
C.
THEREFORE BE IT RESOLVED that the Tribal Council amends and supplements the
Gaming Authority Committee’s FY 2014 Budget in the amount of $40,000.00, and any funds
expended are reimbursed by Odawa Casino Resort.
(Source: TRIBAL RESOLUTION # 062214-01)
18.265 APPROVAL TO AMEND OF THE GAMING AUTHORITY COMMITTEE FY
2014 BUDGET
A.
WHEREAS on April 16, 2014, the General Manager unexpectedly resigned requiring
the Gaming Authority to incur unanticipated costs to post the job description with several
publishing entities and there is the potential need to retain an executive search consultant.
B.
WHEREAS Gaming Authority Committee requested approval by the Appropriations
and Finance Committee to supplement and amend their FY 2014 budget in the amount of
$60,000.00 and it was approved and recommended to Tribal Council for approval by the
Appropriation and Finance Committee at its June 17, 2014 meeting;
C.
THEREFORE BE IT RESOLVED that the Tribal Council amends and supplements the
Gaming Authority Committee’s FY 2014 Budget in the amount of $60,000.00, and any funds
expended are reimbursed by Odawa Casino Resort.
(Source: TRIBAL RESOLUTION # 062214-02)
18.266 APPROPRIATION OF FUNDS FOR THE 2015 OPERATING BUDGETS AND
RESTATEMENT OF FUNDING ALLOCATION FOR THE 2015 FISCAL YEAR
A.
THEREFORE BE IT RESOLVED that priority allocation percentages for FY 2015 be
allocated to the Tribal Government at 31.22%, Economic Development at 10.15%, General
Welfare at 40.08%, Distributions at 18.04%, Donations at 0.51%, and Repayment of Debt/Tribal
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Priorities at 0%;
B.
THEREFORE BE IT FURTHER RESOLVED that the Tribal Government percentage
allocation from above is to be split among all Divisions, based on an anticipated amount of
$12,750,000 as follows: Legislative 12.18%, Judicial 9.54%, Prosecutor 1.44 %, Election Board
1.23 %, Executive Branch 75.61%;
C.
THEREFORE BE IT FURTHER RESOLVED that the 2015 operating budgets are
adopted as presented on the approved budget summary pages one to six in the amount of
$2,433,326 for the Legislative Branch; $1,216,000 for the Judicial branch; $156,504 for the
Election Board; $183,950 for the Prosecutor; $27,992,830 for the Executive Branch. This total
budget of $31,982,610 includes the revenues derived from the casino operation in accordance
with the financing loan agreement that is subject to the above funding allocation percentages,
and the revenues and expenditures anticipated to be received from grants, contracts and cost
recovery programs.
D.
FINALLY BE IT RESOLVED that monies can be transferred to another departmental
budget provided it does not exceed fifteen percent (15%) of the total departmental budget from
which it is being transferred and it does not create a new service or program, nor does it cause a
material change in an existing service or program by altering the nature or scope of the service or
program unless approved by a majority vote of the Tribal Council, in accordance with WOS
2008-004 Section V, Budget Modifications, Transfers and Rescissions.
(Source: TRIBAL RESOLUTION # 042914-01 by Override)
18.267 Relocated to Funding Requests at 18.200(10.14)(a)
18.268 Relocated to Funding Requests at 18.200(11.14)(a)
18.269 TRIBAL GOVERNMENT PRIORITY FUNDING PERCENTAGE ALLOCATION
FOR FY 2016
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A.
WHEREAS Waganakising Odawak Statute 2007-003 states that “By October 15 of each
year the Tribal Council shall adopt the Tribal Government priority funding allocation which shall
set forth the allocation of funds among the five divisions, (Executive, Legislative, Judicial,
Prosecutor, and Election Board), for the fiscal period budgets that will begin 14 1/2 months from
this date. Prior to approval of this allocation the Tribal Council may hold public hearings.”
B.
WHEREAS the Tribal Council set forth a priority allocation that requires adjustment in
accordance with the allocation of the funds as set forth in the operating budgets presented by the
Appropriations and Finance Committee;
C.
WHEREAS in accordance with the Constitution, The Tribal Council shall enact an
annual budget for the upcoming fiscal year. The budget shall identify all funding sources,
appropriations of operating funds and Tribal enterprises. The Budget shall be a Tribal document,
dispersed to Tribal members at the annual meeting of the Tribal Membership, or made available
by mail as requested by Tribal members;
D.
THEREFORE, BE IT RESOLVED that priority allocation percentages for FY 2016 be
allocated to the Tribal Government at 31.40%, Economic Development at 10.36%, General
Welfare at 39.42%, Distributions at 18.46% and Donations at 0.36%.
E.
THEREFORE BE IT FURTHER RESOLVED that the Tribal Government percentage
allocation from above is to be split among all Divisions, based on an anticipated amount of
$12,608,396 as follows: Legislative 13.02%, Judicial 9.64%, Prosecutor 1.46%, Election Board
0.84%, and Executive Branch 75.03%.
(Source: TRIBAL RESOLUTION 100914-03, by Veto Override)
18.270 REIMBURSEMENT OF FUNDS IN THE AMOUNT OF $37,529 FOR BUILDING
MAINTENANCE UPKEEP COSTS AS INCURRED BY THE ODAWA FISHERY, INC.
A.
WHEREAS At a regular meeting of the Appropriations and Finance Committee on
November 2, 2014, the Appropriations and Finance Committee motioned to recommend to
Tribal Council to approve reimbursement of expenses incurred in the amount of $37,529.00 to
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come from prior period funds.
B.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and appropriates funding in the amount of $37,529.00 with
funding to come from prior period funds for purpose of reimbursing Odawa Fishery, Inc.
(Source: TRIBAL RESOLUTION #121814-03)
18.271 FUNDING FOR FY 2015 $135,000.00 SHORTFALL FOR MIN-A-MSKIKI
GUMIK
A.
WHEREAS supplemental funding is needed to support the operations and services
provided by Min-A-Mskiki Gumik;
B.
THEREFORE BE IT RESOLVED that Council amends the 2015 Health budget to
increase funding by $135,000 to come from IHS carryover funds with the intent the Executive
Branch not reduce any necessary and current services provided.
(Source: TRIBAL RESOLUTION #121814-05)
18.272
TRANSFER OF FUNDS FROM THE LEGISLATIVE BRANCH TO
ZIIBIMIJWANG, INC., A TRIBALLY CHARTERED CORPORATION, IN THE
AMOUNT OF $67,722.08
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians approved the purchase and
financing of the Ziibimijwang Farm Project initially known as Parcel 54, consisting of 312.5
acres of land;
B.
WHEREAS $67,722.08 funds were placed in the FY2015 Budget to pay the annual
principal and interest on the farm loan, and since the farm loan has been paid in full in 2014,
these funds will be available;
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C.
WHEREAS Ziibimijwang, Inc. is in need of funds for working capital, in order to meet
the purpose of the Non-profit Corporation: “to provide for the health and welfare of the Tribal
Community through the use of sustainable farming with emphasis toward organic foods,
providing for exercising treaty rights of hunting, fishing and gathering, agricultural activities,
caring for livestock, and other activities that promote nutrition, fitness and wellbeing”.
D.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes the transfer of funds from the Legislative Branch to
Ziibimijwang, Inc., a Tribally Chartered Corporation, in the amount of $67,722.08 for working
capital for operations of the farm.
E.
FURTHER BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
F.
FINALLYBE IT RESOLVED that any future budgets shall include working capital for
the Ziibimijwang, Inc., until such time as they can adequately cover their annual costs.
(Source: TRIBAL RESOLUTION #010815-03)
18.273 APPROVAL OF THE GAMING AUTHORITY COMMITTEE FY 2015 BUDGET
A.
WHEREAS in accordance with Waganakising Odawak Statute 2010-021, Gaming
Delegation and Authority states that each year the Authority shall present an annual budget of
the Authority, which shall include all projected expenses of the Authority to Tribal Council for
approval;
B.
WHEREAS 2015 is the first time that the Gaming Authority has been assessed indirect
cost in their budget.
C.
WHEREAS the Gaming Authority budget is $44,444.44 for expenses and $15,555.56 for
indirect for a total of $$60,000.00.
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D.
THEREFORE BE IT RESOLVED that the Tribal Council approves a budget for the
Gaming Delegation and Authority in the amount of $60,000.00, for FY 2015 in accordance with
WOS 2010-021 Gaming Delegation and Authority Statute and shall be reimbursed by the Odawa
Casino Resort.
(Source: TRIBAL RESOLUTION #010815-05)
18.274 APPROVAL OF THE GAMING AUTHORITY COMMITTEE FY 2015
AMENDED BUDGET FOR AN ADDITIONAL SUM OF $15,000.00 FOR LEGAL
CONSULTING SERVICES
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians created The Gaming
Delegation and Authority Statute through Waganakising Odawak Statute 2010-21;
B.
WHEREAS the Gaming Authority budget is $44,444.44 for expenses and $15,555.56 for
indirect for a total of $60,000.00 and has been approved by Tribal Council and signed by the
Tribal Chair;
C.
WHEREAS the Gaming Authority is in need of legal consulting services to address so
matters related to Human Resources and the Employee Handbook in the approximate amount of
$15,000.00.
D.
THEREFORE BE IT RESOLVED that the Tribal Council approves an amended
budget for the Gaming Delegation and Authority by adding $15,000.00 to the consultants lineitem for legal consulting services and the additional sum of $15,000.00 shall be reimbursed by
the Odawa Casino Resort.
(Source: TRIBAL RESOLUTION #021915-01)
18.275 APPROVAL TO AMEND THE GAMING AUTHORITY COMMITTEE FY 2015
BUDGET
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A.
WHEREAS on June 25, 2014 the Gaming Authority Committee contracted with a
consultant named Stephen M. Simon to prepare the evaluation services in the amount not to
exceed $40,000.00 and requested approval by the Appropriations and Finance Committee to
supplement and amend their FY 2014 budget in the amount of $40,000.00 and it was approved
and recommended to Tribal Council for approval by the Appropriation and Finance Committee
at its June 17, 2014 meeting;
B.
WHEREAS on January 8, 2015 the Gaming Authority Committee submitted an annual
budget in the amount of $60,000.00 for FY 2015 to the Appropriations and Finance Committee,
which was approved by the Tribal Council and interim Chairman;
C.
WHEREAS on February 19, 2015, the Gaming Authority Committee was approved for
an amended Budget for an Additional Sum of $15,000.00 for Legal Consulting Services;
D.
WHEREAS on March 8, 2015 the second and final payment invoice from Stephen M.
Simon for $13,500 was received after the year-end of fiscal year 2014.
E.
THEREFORE BE IT RESOLVED that the Tribal Council amends and supplements the
Gaming Authority Committee’s FY 2015 Budget in the amount of $13,500, and any funds
expended are reimbursed by Odawa Casino Resort.
(Source: TRIBAL RESOLUTION #040915-02)
18.276
AUTHORIZING ODAWA HOMECOMING JIINGTAMOK / POW-WOW
COMMITTEE TO CARRYOVER FUNDS
A.
WHEREAS the Pow-Wow Committee is responsible for the promotion and operation of
the Odawa Homecoming Jiingtamok; and
B.
WHEREAS the Grant, Donation, or Other Funding Policy requires miscellaneous and
program revenues received by the Tribe on a regular basis be deposited into the Tribe’s general
fund to be appropriated by Tribal Council, except where Tribal Council has already taken official
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action to approve automatic deposits into appropriate program accounts;
C.
WHEREAS the Pow-Wow Committee holds fundraisers and accepts donations to
operate the annual Jiingtamok / Pow Wow and would like these funds to be carried over until the
next year.
D.
THEREFORE, BE IT RESOLVED funds raised in FY 2015 by fundraisers and/or
donations in the amount of $12,000.00 will rollover to the next fiscal year and will continue to
rollover to future fiscal years if unspent, any funds in excess of $12,000.00 will be deposited into
the general account.
E.
FURTHER BE IT RESOLVED that any future revenues raised in fiscal year 2016 and
beyond by fundraisers or donations or surplus funds of the Jiingtamok / Pow Wow Committee
shall be carried over to the next Fiscal Year for the Odawa Homecoming Jiingtamok Budget,
provided the funds are used for the Homecoming Jiingtamok.
F.
FURTHER BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION #082015-01
18.277
APPROVAL OF BUDGET MODIFICATIONS
DEFICIENCY OF THE BURIAL FUND
FOR
BUDGET
A.
WHEREAS,WOS 2008-003 was signed into law on February 28, 2008 creating the
Burial Program; and
B.
WHEREAS, The Burial program was funded at 200,000.00 for FY 2015 and those funds
are currently depleted; and
C.
WHEREAS, In accordance with Waganakising Odawak Statute 2015-016 Tribal
Government Budget Formulation and Modification Statute ; and
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D.
WHEREAS, The Appropriations and Finance Committee passed a motion at its regularly
scheduled meeting held November 5, 2015 to recommend to the Tribal Council the approval of
budget modifications to budget lines 1216-2-22 and 2220-2-22 in the amount of $55,378 for the
purpose to fund the Burial Program fund line item 1202-2-6340-22; now
E.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and approved the modification to budgets 1216-2-22 2220-222, and 2220-2-22 in the amount of $55,378 with funding to come from reserved DHS Foster
Care (1216-2-22) and Department of Human Services (2220-2-22) to fund the Burial Program
for FY 2015.
(Source: TRIBAL RESOLUTION #111915-02)
18.278 AUTHORIZING SWAP DOCUMENTS AND RELATED DOCUMENTS FROM
WELLS FARGO BANK, NATIONAL ASSOCIATION, AUTHORIZING TRIBAL
APPROPRIATIONS FOR PAYMENTS OF THE SWAP OBLIGATIONS, AFFIRMING
ADOPTION OF LAW GOVERNING THE ARBITRATION OF DISPUTES RELATED
TO THE LOAN (INCLUDING THE SWAP), AND LAW REGARDING SECURITY
INTERESTS AND ADDRESSING RELATED MATTERS
A.
WHEREAS, by Tribal Resolution 020214-01 the Tribe authorized the Loan Agreement
and related documents dated February 7, 2014 with Wells Fargo Bank, National Association (as
amended, restated, supplemented or otherwise modified from time to time, collectively
“Financing Documents”), authorized Tribal appropriations for payments of the Loan, adopted
law governing the arbitration of disputes related to the Loan, and law regarding security interests
and related matters all as set forth in the Financing Documents;
B.
WHEREAS, the present principal balance of the Loan is $32,702,380.92;
C.
WHEREAS, to protect Tribal assets by avoiding possible interest rate fluctuations, the
Tribe desires to enter into a one or more swap transactions with Wells Fargo Bank, National
Association;
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D.
WHEREAS, there has been presented to the Tribal Council for its consideration in
connection with the swap transactions forms of each of the following documents (collectively
“Swap Documents”):
(a) Wells Fargo Bank, N.A. Terms of Business for Swap Transactions;
(b) Wells Fargo Bank, N.A. Customer Questionnaire for Swap Transactions with
Tribal Counterparties;
(c) International Swap Dealers Association, Inc. (ISDA) Master Agreement
between Wells Fargo Bank, N.A. and Little Traverse Bay Bands of Odawa Indians;
and
(d) Schedule to the 1992 Master Agreement (Single Currency - Local
Jurisdiction) between Wells Fargo Bank, N.A. ("Party A") and Little Traverse
Bay Bands of Odawa Indians ("Party B").
E.
WHEREAS, there has been presented to the Tribal Council for its consideration in
connection with the swap transactions forms of each of the following documents (collectively
“Swap Documents”):
(a) Wells Fargo Bank, N.A. Terms of Business for Swap Transactions;
(b) Wells Fargo Bank, N.A. Customer Questionnaire for Swap Transactions with
Tribal Counterparties;
(c) International Swap Dealers Association, Inc. (ISDA) Master Agreement
between Wells Fargo Bank, N.A. and Little Traverse Bay Bands of Odawa
Indians; and
(d) Schedule to the 1992 Master Agreement (Single Currency - Local
Jurisdiction) between Wells Fargo Bank, N.A. ("Party A") and Little Traverse
Bay Bands of Odawa Indians ("Party B").
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F.
THEREFORE BE IT RESOLVED THAT:
1. Findings. The Tribal Council determines and finds that:
(a) the Recitals in this Resolution are true and correct in all material respects;
(b) the Tribal Council has full power and authority to adopt this Resolution, subject
to approval by the Executive as provided in the Constitution;
(c) the Tribal Council's adoption of this Resolution and the Tribe entering into the
Swap Documents and transactions thereunder are in the best interest of the Tribe
and its members and is consistent with the laws of the Tribe; and
(d) the meeting at which this Resolution is being adopted is being validly held in
compliance with the Constitution and the laws of the Tribe, and a quorum has been
present and acting at all times relevant to adoption of this Resolution.
2. Approval of Swap Documents and Performance Thereunder. The Tribal Council
approves each Swap Document in the form presented to it. The Tribal Council further
authorizes and approves the execution and delivery of each Swap Document (including
those provisions of other documents incorporated by reference therein) on behalf of the
Tribe by the two Authorized Representatives referred to in Section 3 hereof, substantially
in the forms so presented or with such modifications or changes as approved by the
Authorized Representatives executing the same, which approval shall be conclusively
presumed upon such execution and delivery. Following the execution and delivery of any
Swap Document, the Tribal Council also authorizes and approves the performance thereof
on behalf of the Tribe, including (a) the entry into of one or more transactions under the
Swap Documents to protect against possible interest rate fluctuations arising under the
Financing Documents, (b) the execution and delivery of confirmations and interest rate
locks with respect to any such transactions, and (c) the entry into, and execution and
delivery of, amendments or terminations of any such transactions, confirmations or Swap
Documents, in each case on behalf of the Tribe by one or more Authorized Representatives
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referred to in Section 3 hereof, with such modifications or changes as approved by the
Authorized Representatives executing the same, which approval shall be conclusively
presumed upon such execution and delivery (collectively, the “Swap Transactions”). In
connection with any Swap Transaction, the Tribal Council further authorizes and approves
the Tribe’s election to utilize the “end user exception” if applicable and thereby opt not to
require that a Swap Transaction be subject to clearing requirements.
3. Authorized Representatives. The Tribal Council authorizes the Tribal Chairperson, and
the Tribal Treasurer (each, an "Authorized Representative"), to execute and deliver on
behalf of the Tribe each Swap Document and Swap Transaction authorized in Section 2 of
this Resolution, and to execute and deliver such other agreements, documents, certificates,
orders, requests and instruments and cause to be taken such other actions as may be
contemplated by any Swap Document or Swap Transaction or as may be necessary or
appropriate in connection with the consummation of the transactions contemplated by the
Swap Documents and the Swap Transactions.
4. Approval of Waiver of Sovereign Immunity, other Dispute Resolution Provisions, and
all other consistent provisions of the Financing Documents. The authorizations and
statements contained in Tribal Resolution 020214-01 regarding all provisions in the
February 7, 2014 Financing Documents, including but not limited to, those related to
governing law, security interests, forum selection, arbitration, the limited waiver of tribal
sovereign immunity, a waiver of the doctrine of exhaustion of tribal remedies and use of
tribal forums for dispute resolution (the "Dispute Resolution Provisions") are reaffirmed
and shall apply to the Swap Documents and the Swap Transactions unless directly contrary
to a provision in the Swap Documents or Swap Transactions. In the event of any
inconsistency between the Financing Documents and the Swap Documents and Swap
Transactions, the language in the Swap Documents and Swap Transactions will control,
and the Tribal Council acknowledges, agrees and approves the application of New York
law to the Swap Documents and each Swap Transaction and the consent to the jurisdiction
of the courts of the State of New York and the United States District Court located in the
Borough of Manhattan. Without limiting the foregoing, the Tribal Council, on behalf of
the Tribe hereby approves the limited waiver of sovereign immunity set forth in the Swap
Documents (whether directly or through incorporation by reference) and acknowledges and
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agrees that it is applicable to each Swap Transaction. The limited waiver of sovereign
immunity and each other Dispute Resolution Provision is hereby expressly incorporated
by reference herein as though set forth at length herein, such incorporation, however, to
become effective only upon the execution and delivery of the applicable Swap Document;
upon such incorporation the limited waiver of sovereign immunity and each such provision
shall be independently valid and enforceable as the law of the Tribe, independent of the
Swap Documents or the Financing Documents and irrespective of whether any Swap
Document or any Financing Document is valid and enforceable;
5. Enforcement. The Tribal Court shall give full faith and credit to any award, order or
decree rendered by any federal or state court in accordance with this Resolution and the
Swap Documents and the Swap Transactions. For judgments, decrees, orders, warrants,
subpoenas, records or other judicial acts of the Tribe’s Courts resulting from any action
under the Swap Documents or any Swap Transaction, a Tribal police officer is authorized
to execute such judgment, decree, order, warrant, subpoena, record or other judicial act. In
the case of any such foreclosure order or judgment, after delivery of such order or judgment
by a Tribal police officer, such police officer may proceed to enter upon any property of
the Tribe to remove such personal property or to permit removal by the party in which
favor the order or judgment was issued.
6. Appropriation. The Tribal Council appropriates all such funds and revenues of the
Odawa Casino and Odawa Resort as shall be required to pay when due all amounts owing
by the Tribe under all Financing and Swap Documents, it being intended that this
appropriation shall constitute a statute addressing appropriations for Tribal institutions
within the meaning of Article XIV(A)(l) of the Constitution (relating to initiatives).
7. Repealer. Any laws, ordinances, rules, regulations, decisions, orders, judgments,
resolutions or other actions, other than the Tribal Constitution of the Tribe, any branch,
division, authority, agency, subsidiary, board, commission or other instrumentality of the
Tribe, or any of the officers, employees or agents of the foregoing, whether written,
unwritten or established by tradition, custom or practice that are in effect and are in conflict
with or inconsistent with the terms of this Resolution, the transactions contemplated herein
or any provision set forth in the Swap Documents are hereby repealed and annulled to the
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extent of such conflict or inconsistency, and this Resolution shall supersede the same.
8. Miscellaneous. If any provision of this Resolution or the application of any provision
of this Resolution is held to be invalid, the remainder of the Resolution shall not be
affected with respect to the same. This Resolution shall become effective as of the date
and time of its passage and approval by the Tribal Council, and signature by the Tribal
Chairperson, or Tribal Council override of an Executive veto, whichever occurs last.
(Source: TRIBAL RESOLUTION #121015-06)
18.279 AUTHORIZING GIJIGOWI ANISHINAABEMOWIN LANGUAGE
DEPARTMENT TO CARRYOVER DEPARTMENT RAISED REVENUE
A.
WHEREAS the Gijigowi Anishinaabemowin Language Department is charged with
the preservation and revitalization of Anishinaabemowin and Anishinaabe culture and the
development of Anishinaabemowin resources including curriculum, training aids, video and
audio products;
B.
WHEREAS the Grant, Donation, or Other Funding Policy requires miscellaneous and
program revenues received by the Tribe, on a regular basis, be deposited into the Tribe's
general fund to be appropriated by Tribal Council, except where Tribal Council has already
taken official action to approve automatic deposits into appropriate program accounts;
C.
WHEREAS the Gijigowi Anishinaabemowin Language Department occasionally
produces and sells Anishinaabe language products such as books, books with audio CD,
calendars, dvd's, audio cd's, greeting cards, etc. and would like these funds to be carried over
until next year.
D.
THEREFORE, BE IT RESOLVED that any revenues raised by the sale of
Anishinaabe language material that is produced or sold by Gijigowi will rollover to the next
fiscal year and will continue to rollover for future fiscal years if unspent including any funds
raised in fiscal year 2015. Such funds will be for the sole use of the Gijigowi Anishinaabe
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Language Department.
E.
FURTHER BE IT RESOLVED that in accordance with the Constitution the
Executive Branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION #121015-02)
18.280
BUDGET MODIFICATION FOR EMPLOYEE APPRECIATION
A.
WHEREAS, In accordance with Waganakising Odawak Statute 2015-004, the
modification has been posted to the Tribal Website for (7) seven day and has been submitted to
the Tribal Council.
B.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and approves the budget modification in the amount of
$8,000.00 for the purpose of providing funds for Employee Appreciation, and the funds to come
from the Political Contributions Line-item.
(Source: TRIBAL RESOLUTION #121015-03)
18.281
BUDGET MODIFICATION FOR COMMUNICATION BUDGET
A.
WHEREAS, In accordance with Waganakising Odawak Statute 2015-004, Process for
Appropriations of Supplemental Funding, the Appropriations and Finance Committee reviewed
information concerning the financial needs communications program; and
B.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and approves the budget modification in the amount of
$4,535.00 to come from budget line-item “Services to Citizens outside the boundary” and moved
it to the consultants line-item for purpose of providing funding for the Newsletter printing and
mailing for LTBB heads of household.
(Source: TRIBAL RESOLUTION #121015-04)
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18.282 AUTHORIZING DEPARTMENT OF NATURAL RESOURCES DEPARTMENT
TO CARRYOVER FY 2015 TREATY ENHANCEMENT FUNDS, IN THE AMOUNT OF
APPROXIMATELY $30,000.00
A.
WHEREAS the Natural Resources Department is applying through NOAA/State of
Michigan Department of Environmental Quality-Office of Great Lakes Coastal Zone
Management Program for the Coastal and Estuarine Land Conservation grant;
B.
WHEREAS the grant would allow the Tribe to purchase property that protects an
important coastal and estuarine area from development and would provide access for Tribal
Citizens exercising their treaty rights;
C.
WHEREAS the Coastal and Estuarine Land Conservation grant requires a fifty (50)
percent match of funds;
D.
WHEREAS the Natural Resources Department has approximately $30,000.00
remaining in the Treaty Enhancement line-item in their FY 2015 budget that could be used
towards the grant match requirement to purchase the property;
E.
WHEREAS the Grant, Donation, or Other Funding Policy requires “Prior Period
funds” that are the prior years’ unrestricted general fund dollars that were budgeted but not
expended in the year be returned to the general fund unrestricted balance and be available for
appropriation in subsequent years;
F.
WHEREAS the Natural Resource Department is requesting Tribal Council to take
official action to approve the remaining funds in the FY 2015 Department of Natural
Resources-Treaty Enhancement line-item be rolled over into their FY 2016 budget.
G.
THEREFORE, BE IT RESOLVED Tribal Council approves and authorizes the
Natural Resources Department to rollover any remaining funds in the FY 2015 Department
of Natural Resources-Treaty Enhancement line-item into their FY 2016 budget. Such funds
will be for the sole use of providing the required matching funds under the Coastal and
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Estuarine Land Conservation grant.
H.
FURTHER BE IT RESOLVED that in accordance with the Constitution the Executive
branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION # 122115-01)
18.283 DUPLICATED ENTRY REMOVED
18.284 AMENDMENT TO TRIBAL RESOLUTION # 042715-01, APPROPRIATION OF
FUNDS FOR THE 2016 OPERATING BUDGETS AND RESTATEMENT OF FUNDING
ALLOCATION FOR THE 2016 FISCAL YEAR, TO ADDRESS FY 2016 BUDGET
EMERGENCY
A.
WHEREAS in accordance with the Constitution, Tribal Council enacted Tribal
Resolution # 042715-01, an annual budget for the fiscal year 2016;
B.
WHEREAS the FY 2016 Budget, as approved, is $31,914,851.58 and distributed to the
Tribal Government Branches as following: $2,212,522.33 for the Legislative Branch;
$1,216,000.00 for the Judicial Branch; $106,311.00 for the Election Board; $183,950.00 for the
Prosecutor; $28,196,068.25 for the Executive Branch;
C.
WHEREAS the FY 2016 Budget includes General Fund Revenue and Spending in the
amount of $12,700,000 and the estimated revenue distributions from the Odawa Casino Resort
to be $12,500,000;
D.
WHEREAS the FY 2016 Odawa Casino Resort Budget currently estimates the net
revenue distributions to the LTBB Government to be $11,385,000 creating a deficit position in
the FY 2016 General Fund Budget of $1,115,000.00;
E.
WHEREAS $600,000 of the budget deficit may be mitigated by emerging economic
development efforts;
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F.
WHEREAS the goal of any fiscally responsible government is a balanced budget;
G.
WHEREAS Waganakising Odawak Statute #2015-016 Tribal Government Budget
Formulation Process, Section XVII, states that at any time during the fiscal year, the Treasury
Office, based on a revenue analysis and other factors, may recommend to Tribal Council to
declare a budget emergency;
H.
THEREFORE, BE IT RESOLVED that the Tribal Council declares the FY 2016 to be
in a state of budget emergency, in accordance with WOS 2015-016.
I.
THEREFORE BE IT FURTHER RESOLVED to meet the requirement of a balanced
budget, the Tribal Government Divisions have amended their General Fund Budgets as
follows: Legislative $1,302,688, Judicial $1,095,772, Prosecutor $270,491, Election Board
$90,000, Executive $9,423,812.
J.
FINALLY BE IT RESOLVED that the FY 2016 operating budget is amended as
presented, dated December 21, 2015, in the amount of $2,098,284 for the Legislative Branch;
$1,095,772 for the Judicial Branch; $90,000 for the Election Board; $270,491 for the Prosecutor;
$27,843,068 for the Executive Branch. The amended budget, for a total of $31,397, 615.00,
includes the anticipated revenues derived from the casino operation in accordance with the
financing loan agreement that is subject to the above funding allocation percentages, and the
revenues and expenditures anticipated to be received from grants, carryover funds, taxes,
refunds, rents, third party billings, cost recovery and other revenues.
(Source: TRIBAL RESOLUTION #122115-02)
18.285
TO AMEND THE "ADDENDUM A" TO TRIBAL RESOLUTION 06181501, TO APPROPRIATE TO ODAWA CASINO RESORT THE AMOUNT
OF $3,320,000.00 TO COME FROM THE RESTRICTED GENERAL FUND
BALANCE FUNDS- ECONOMIC DEVELOPMENT RESERVE AND
ALLOW FOR THE RESERVE PROFITS TO IMPLEMENT THE FIVE
YEAR STRATEGIC PLAN
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A.
WHEREAS Tribal Council approved the Little Traverse Bay Bands of Odawa Indians
Five-year Strategic Economic Development Plan at its regularly scheduled meeting held on May
7, 2015;
B.
WHEREAS Tribal Council approved Tribal Resolution 061815-01, to Appropriate to
Odawa Casino Resort the Amount of $3,320,000.00 to come from the Restricted General Fund
Balance Funds- Economic Development Reserve that allowed OCR to implement Phase I and
Phase II of the approved plan.
C.
WHEREAS Tribal Council approved Tribal Resolution 061815-01, to Appropriate to
Odawa Casino Resort the Amount of $3,320,000.00 to come from the Restricted General Fund
Balance Funds- Economic Development Reserve that allowed OCR to implement Phase I and
Phase II of the approved plan.
D.
WHEREAS Odawa Casino Resort proposes to amend the Fund Flow re: Economic
Development Funds that will allow for quicker payment of incidental cost.
E.
WHEREAS Odawa Casino Resort proposes to amend the Fund Flow re: Economic
Development Funds that will allow for quicker payment of incidental cost.
F.
THEREFORE BE IT RESOLVED that the “Addendum A”- Flow re: Economic
Development Funds- Project Development Checking, is amended to allow for a Project
Development Checking funds, as submitted and dated March 1, 2016.
(Source: TRIBAL RESOLTION #030316-01)
18.286 APPROPRIATION OF FUNDS FOR THE 2017 FISCAL YEAR OPERATING
BUDGETS
A.
WHEREAS in accordance with the Constitution, the Tribal Council shall enact an
annual budget for the upcoming fiscal year. The budget shall identify all funding sources,
appropriations of operating funds and Tribal enterprises. The Budget shall be a Tribal document,
dispersed to Tribal members at the annual meeting of the Tribal Membership, or made available
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by mail as requested by Tribal members;
B.
WHEREAS Waganakising Odawak Statute 2015-016, Section XIII.1 states that “The
Tribal Council shall approve the annual budget by the annual meeting”;
C.
WHEREAS Waganakising Odawak Statute 2015-016, Section XIII.2 states that “The
annual budget shall be approved by Tribal Resolution and shall include an attached detailed
worksheet of the tribal-wide budget”;
D.
WHEREAS the FY 2017 Budget is $32,957,630 from the following sources: Enterprise
revenue, grants, carryover funds, taxes, refunds, rents, third party billings, cost recovery and
other revenues.
E.
THEREFORE, BE IT RESOLVED that General Fund allocation percentages for FY
2017 be allocated to the Tribal Government at 29.81%, Economic Development at 11.17%,
General Welfare at 40.49%, Distributions at 18.37%, Donations at 0.16%;
F.
THEREFORE BE IT FURTHER RESOLVED that the Tribal Government percentage
allocation from above is to be split among all Divisions, based on an anticipated amount of
$12,555,312 as follows: Legislative 10.63%, Judicial 9.29%, Prosecutor 2.25%, Executive
Branch 76.75%, Election Board 1.08%;
G.
THEREFORE BE IT FURTHER RESOLVED that the 2017 operating budgets are
approved as presented on the budget summary pages, one to four, in the following amounts:
Legislative Branch, $2,102,649; Judicial Branch, $1,165,987; Prosecutor, $282,199; Executive
Branch, $29,271,189; and Election Board, $135,606. This total budget of $32,957,630 includes
the revenues derived from the casino operation in accordance with the financing loan agreement
that is subject to the above funding allocation percentages, and the revenues and expenditures
anticipated to be received from grants, carryover funds, taxes, refunds, rents, third party billings,
cost recovery and other revenues.
H.
FINALLY BE IT RESOLVED that monies can be transferred to another departmental
budget provided it does not exceed four percent (4%) of the total departmental budget from
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which it is being transferred and it does not create a new service or program, nor does it cause a
material change in an existing service or program by altering the nature or scope of the service or
program unless approved by a majority vote of the Tribal Council, in accordance with WOS
2015-016 Section XV, Budget Modifications.
(Source: TRIBAL RESOLUTION #042116-03 by override July 7, 2016)
18.287(9.16)(a)
Relocated to Land Matters at 18.319(9.16(a)
18.288(9.16)(a)
TO APPROPRIATE FUNDING IN THE AMOUNT OF $671,650.00
TO THE MIN-A-MISKIKI GUMIK FOR A TRIBAL PHARMACY TO
COME FROM IHS FUND BALANCE AND 3RD PARTY REVENUE FUND
BALANCE
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians, according to the Tribal
Constitution, directive principles, is directed to “Promote with special care the health, … of all
people” and has established the improvement of public health as among the primary duties of the
Government; and
B.
WHEREAS funding is needed for an expansion of Health services to include a
Pharmacy;
C.
THEREFORE BE IT RESOLVED that Council authorizes and approves the use of
Third Party Revenue Fund Balance in the amount of $178,200.00 and the use of IHS Fund
Balance in the amount of $493,447.14 for the purposes of funding a Pharmacy program the with
the intent the Executive Branch not reduce any necessary and current services provided.
(Source: TRIBAL RESOLUTION #091516-04)
18.289(12.16)(a)
BUDGET MODIFICATION FOR EMPLOYEE APPRECIATION
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A.
WHEREAS The Little Traverse Bay Bands of Odawa Indians is governed by a Tribal
Constitution adopted by the citizens of the Tribe on February 1, 2005; and
B.
WHEREAS In accordance with Waganakising Odawak Statute 2015-004, the
modification has been posted to the Tribal Website for (7) seven days and has been submitted to
the Tribal Council.
C.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and approves the budget modification in the amount of
$10,846.00 for the purpose of providing funds for Employee Appreciation, and the funds to
come from the Human Services General Fund.
(Source: TRIBAL RESOLUTION #121516-01)
18.290(4.17)(a)
APPROPRIATION OF FUNDS FOR THE 2018 FISCAL YEAR
OPERATING BUDGETS
A.
WHEREAS in accordance with the LTBB Constitution, Tribal Council shall enact an
annual budget for the upcoming fiscal year. The budget shall identify all funding sources,
appropriations of operating funds and Tribal enterprises. The Budget shall be a Tribal document,
dispersed to Tribal members at the annual meeting of the Tribal Membership, or made available
by mail as requested by Tribal members;
B.
WHEREAS Waganakising Odawak Statute 2015-016, Section XIII.1 states that “The
Tribal Council shall approve the annual budget by the annual meeting”;
C.
WHEREAS Waganakising Odawak Statute 2015-016, Section XIII.2 states that “The
annual budget shall be approved by Tribal Resolution and shall include an attached detailed
worksheet of the tribal-wide budget”;
D.
WHEREAS the FY 2018 Budget revenue is $35,540,293.49 from the following
sources: Enterprise revenues, grants, carryover funds, taxes, refunds, rents, third party billings,
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cost recovery and other revenues.
E.
THEREFORE, BE IT RESOLVED that General Fund allocation percentages for FY
2018 be allocated to the Tribal Government at 30.16%, Economic Development at 14.79%,
General Welfare at 38.59%, Distributions at 16.11%, Donations at 0.35%;
F.
THEREFORE BE IT FURTHER RESOLVED that the Tribal Government percentage
allocation from above is to be split among all Divisions, based on an anticipated amount of
$14,305,000 as follows: Legislative 16.08%, Judicial 9.18%, Prosecutor 2.02%, Executive
Branch 72.07%, Election Board .65%;
G.
THEREFORE BE IT FURTHER RESOLVED that the FY 2018 operating budgets are
approved as presented on the budget summary pages in the following amounts: Legislative
Branch, $2,041,206.09; Judicial Branch, $1,313,462.00; Prosecutor, $288,959.99; Executive
Branch, $30,831,358.84; Election Board, $92,755.00; Supplemental Funding General Fund
$200,000.00; and Economic Development Budget $772,551.57. This total budget of
$35,540,293.49 includes the revenues derived from the casino operation in accordance with the
financing loan agreement that is subject to the above funding allocation percentages, and the
revenues and expenditures anticipated to be received from grants, carryover funds, taxes,
refunds, rents, third party billings, cost recovery and other revenues.
H.
FINALLY BE IT RESOLVED that monies can be transferred to another departmental
budget provided it does not exceed four percent (4%) of the total departmental budget from
which it is being transferred and it does not create a new service or program, nor does it cause a
material change in an existing service or program by altering the nature or scope of the service or
program unless approved by a majority vote of the Tribal Council, in accordance with WOS
2015-016 Section XV, Budget Modifications.
(Source: TRIBAL RESOLUTION #042017-01)
18.291(4.17)(b)
FUNDING
USE OF MICHELLE CHINGWA EDUCATION ASSISTANCE ACT
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A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians, enacted WOS 2014-010,
Michelle Chingwa Education Assistance Act “to enable present and future generations of
Waganakising Odawak to obtain post-secondary educational opportunities”
B.
WHEREAS Waganakising Odawak Statute 2014-010, defines Accredited as “shall
apply to those post-secondary institutions of higher education that are accredited by and Agency,
organization or State Agency recognized by the United States Department of Education as an
accrediting agency (They are listed on the Departments website) … other colleges or programs
approved by Tribal Resolution;
C.
WHEREAS a Little Traverse Bay Bands of Odawa Indians Tribal Citizen is currently
attending the University of Toronto to obtain a PhD in Social Justice, a post-secondary
institution that is not accredited by the United States, Department of Education.
D.
THEREFORE, BE IT RESOLVED that Tribal Council authorizes the uses of Michelle
Chingwa Education Assistance Act funding for the Little Traverse Bay Bands of Odawa Indians
Tribal Citizen who is currently attending the University of Toronto to obtain a PhD in Social
Justice.
(Source: TRIBAL RESOLUTION #042017-02)
18.292(4.15)(a)
ALLOCATION OF GENERAL FUND BALANCE FUNDS TO
ADDRESS TRIBAL PRIORITIES OF INVESTMENTS, LEGAL EXPENSES,
ECONOMIC DEVELOPMENT AND SUPPLEMENTAL FUNDING
A.
WHEREAS the Tribal Constitution directs the Tribal Government to promote the health,
educational and economic interests of all the people and authorizes the Tribal Council to
appropriate the funds of the Tribe;
B.
WHEREAS each year, the Accounting Department and the Treasury Department
identify an estimated amount of unrestricted funds from prior years that are reported as “General
Fund Balance” and previously known as “Prior Period Funds”;
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C.
WHEREAS to properly carry out the fiscal stewardship responsibilities of the Tribal
Government, and to properly manage tribal funds on behalf of and in the best interests of the
Tribal Citizens, the Tribal Council has determined the following priorities of funding for FY
2015 general fund balance: retiring long-term debt, litigation expenses, and Supplemental
Funding in accordance with the Process for Appropriations of Supplemental Funding, WOS
2008-004.
D.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and approves the following with regard to the allocation and
appropriation of the General Fund Balance for FY 2015:
1.
Based on the Accounting Department and the Treasury Department’s written report to the
Tribal Council, which identifies the estimated “General Fund Balance” on 12/31/2014 at
$19,300,000.00 with additional funding from the Rescission of Tribal Resolution #01061302 and Reallocation of Capital Project Fund Monies to the General Fund Balance Funds in
the amount of $907,729.00.
2.
For Fiscal Year 2015, Tribal Council designates the following monies of the remaining
balance of the General Fund Balance and allocates and appropriates as follows:
a.
Any monies in the Merrill Lynch investment accounts shall remain as investments
which are approximately $6,100,000.00.
b.
$4,500,000.00 shall be set aside to cover legal expenses of the Tribal Government
when those legal expenses are incurred while carrying out the objectives and
functions of the Tribal Government as stated in the Tribal Constitution and any
funds remaining at the end of FY 2015 shall carry over in accordance with WOS
2011-008, Enjinaaknegeng.
c.
$7,307,729.00 shall be set aside for the purposes of Economic Development that
may include retiring long-term debt for which the Tribe is responsible, whether that
debt is for tribal gaming operations or other purposes, and any remaining funds at
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the end of FY 2015 shall be carried over and continue to be used for economic
development until reallocated by Tribal Resolution;
d.
E.
The remaining funds, of approximately $2,300,000.00 shall be available for
anticipated Revenue shortfall from enterprises and for Supplemental Funding in
accordance with the Process for Appropriations of Supplemental Funding, WOS
2008-004, to be used for any unforeseen or unbudgeted expenses of the Tribal
Government during the fiscal year 2015.
FURTHER BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION #042315-01)
18.293(4.15)(b)
UTILITY COSTS FOR THE KINGS INN PROPERTY
A.
WHEREAS Tribal Council established a Capital Project Fund to pay consultants and
vendors who provide services related to the Mackinaw Casino Project with Tribal Resolution #
010613-02: Confirmation of the Establishment of the Capital Project Fund, Remaining Balance,
and Payment to Consults and Vendors;
B.
WHEREAS utility payments are being paid out of the Capital Project Fund for the Kings
Inn property, along with indirect costs, for a total yearly amount of $1,500.00;
C.
WHEREAS with the passage of Rescission of Tribal Resolution #010613-02 and
Reallocation of Capital Project Fund Monies to the General Fund Balance Funds, the utility
payments need to be addressed by another fund;
D.
WHEREAS there already exists a line-item within the Executive budget to cover the
costs of property taxes and other land related expenses.
E.
THEREFORE BE IT RESOLVED that the annual utility costs for the Kings Inn
property will be paid by the property tax line-item within the Executive Budget in the
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approximate amount of $1,500.00.
F.
FURTHER BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION #042315-03)
18.294(4.15)(c)
PREPARE FOR LITIGATION AND APPROPRIATION OF FUNDS
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Constitution recognizes
that as a Tribe “We will work together in a constructive, cooperative spirit to preserve and
protect our lands, resources and Treaty Rights, and the right to an education and a decent
standard of living for all our people.”;
B.
WHEREAS the territory of the Little Traverse Bay Bands of Odawa Indians shall
encompass all lands and waters within the Reservation as defined in Article III of the Tribal
Constitution: “Unless otherwise specified in this Constitution "Reservation" means all lands
within the boundaries of the reservations for the Little Traverse Bay Bands of Odawa Indians as
set out in Article I, paragraphs third and fourth of the Treaty of 1855, 11 Stat. 621, plus any
lands set out in Articles Second and Third of the Treaty of March 28, 1836, 7 Stat. 491, . . .”
C.
WHEREAS a lawsuit would ask a federal court to recognize that the Reservation as
defined in Article III of the Tribal Constitution and that those Treaty boundaries have not been
changed or diminished over time.
D.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and approves Hogen Adams PLLC, on behalf of the Tribe, to
prepare for litigation and recognition of the LTBB Reservation, including pre-litigation,
litigation and post litigation support.
E.
FURTHER BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
Tribal Council authorizes and appropriates funding to the Enjinaaknegeng carry-over reserve
fund in the amount of $4.5 million to cover expenses associated with litigation, including pre and
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post litigation support, to come from the restricted General Fund Balance Funds- Legal reserve.
F.
FINALLY BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION #042315-04)
18.295(5.15)(d)
ODAWA CASINO RESORT FIVE YEAR STRATEGIC PLAN –
PROJECT DEVELOPMENT FUNDING
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians refinanced the casino
renegotiated bonds in 2014 and is currently paying on the principal along with interest;
B.
WHEREAS the Little Traverse Bay Bands of Odawa Indians has lands in the Village of
Mackinaw City and the compact between LTBB and the State of Michigan allows for gaming at
a “Second Site”;
C.
WHEREAS the original design of the Odawa Casino Resort contemplated an attached
hotel and the casino infrastructure would support an attached hotel;
D.
WHEREAS the Little Traverse Bay Bands of Odawa Indians desires to increase its
economic diversity by reducing debt, investing in gaming in the Village of Mackinaw City and
building an attached hotel to the existing Odawa Casino Resort;
E.
WHEREAS the Odawa Casino Resort and the Gaming Authority or its successor has the
expertise to develop a five (5) year strategic plan that includes debt reduction, developing a
second gaming site and building an attached hotel; and can advise Tribal Council of the costs and
benefits associated with the plan.
F.
THEREFORE BE IT RESOLVED that a five (5) year strategic plan will be developed
by the Odawa Casino Resort and the Gaming Authority or its successor, for Tribal Council
approval, that includes debt reduction, developing a second gaming site and building an attached
hotel to the current Odawa Casino, Petoskey, Michigan.
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G.
FURTHER BE IT RESOLVED that a Project Development checking account will be
established and held at the Odawa Casino Resort and administered by Odawa Casino Resort and
the Gaming Authority or its successor.
H.
FURTHER BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
Tribal Council authorizes and appropriates funding to the Odawa Casino Resort Project
Development checking account in the amount of $50,000 to come from the restricted General
Fund Balance Funds, Economic Development reserve and used to develop and assess the
viability of the five (5) year strategic plan.
(Source: TRIBAL RESOLUTION #042315-06)
18.296(4.15)(e)
APPROPRIATION OF FUNDS FOR THE 2016 OPERATING
BUDGETS AND RESTATEMENT OF FUNDING ALLOCATION FOR THE 2016
FISCAL YEAR
A.
WHEREAS Waganakising Odawak Statute 2007-003 states that “By October 15 of each
year the Tribal Council shall adopt the Tribal Government priority funding allocation which shall
set forth the allocation of funds among the five divisions, (Executive, Legislative, Judicial,
Prosecutor, and Election Board), for the fiscal period budgets that will begin 14 1/2 months from
this date. Prior to approval of this allocation the Tribal Council may hold public hearings.”
B.
WHEREAS the Tribal Council set forth a priority allocation that requires adjustment in
accordance with the allocation of the funds as set forth in the operating budgets presented by the
Appropriations and Finance Committee;
C.
WHEREAS in accordance with the Constitution, The Tribal Council shall enact an
annual budget for the upcoming fiscal year. The budget shall identify all funding sources,
appropriations of operating funds and Tribal enterprises. The Budget shall be a Tribal document,
dispersed to Tribal members at the annual meeting of the Tribal Membership, or made available
by mail as requested by Tribal members;
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D.
WHEREAS the FY 2016 Budget is $31,914,851.58 from the following sources:
Enterprise revenue, grants, carryover funds, taxes refunds, rents, third party billings, cost
recovery and other revenues.
E.
THEREFORE, BE IT RESOLVED that General Fund priority allocation percentages
for FY 2016 be allocated to the Tribal Government at 30.29%, Economic Development at 9.70%,
General Welfare at 41.49%, Distributions at 18.21%, Donations at 0.31%;
F.
THEREFORE BE IT FURTHER RESOLVED that the Tribal Government percentage
allocation from above is to be split among all Divisions, based on an anticipated amount of
$12,700,000 as follows: Legislative 11.16%, Judicial 9.57%, Prosecutor 1.45 %, Election Board
0.84 %, Executive Branch 76.98%;
G.
THEREFORE BE IT FURTHER RESOLVED that the 2016 operating budgets are
adopted as presented on the approved budget summary pages one to six in the amount of
$2,212,522.33 for the Legislative Branch; $1,216,000 for the Judicial branch; $106,311.00 for
the Election Board; $183,950 for the Prosecutor; $28,196,068.25 for the Executive Branch. This
total budget of $31,914,851.58 includes the revenues derived from the casino operation in
accordance with the financing loan agreement that is subject to the above funding allocation
percentages, and the revenues and expenditures anticipated to be received from grants, carryover
funds, taxes, refunds, rents, third party billings, cost recovery and other revenues.
H.
FINALLY BE IT RESOLVED that monies can be transferred to another departmental
budget provided it does not exceed fifteen percent (15%) of the total departmental budget from
which it is being transferred and it does not create a new service or program, nor does it cause a
material change in an existing service or program by altering the nature or scope of the service or
program unless approved by a majority vote of the Tribal Council, in accordance with WOS
2008-004 Section V, Budget Modifications, Transfers and Rescissions.
(Source: TRIBAL RESOLUTION #042715-01)
18.297(5.15)(a)
TO APPROPRIATE TO ODAWA ECONOMIC DEVELOPMENT
MANAGEMENT, INC. (OEDMI) $1,115,700.00 TO COME FROM THE RESTRICTED
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GENERAL FUND BALANCE FUNDS- ECONOMIC DEVELOPMENT RESERVE
A.
WHEREAS OEDMI was created as a Tribally Chartered Corporation through WOS
2009-24 for non-gaming economic development;
B.
WHEREAS OEDMI was charged with the development of the property at 1966 US 131
S, Petoskey, MI, now known as The Shops at Victories Center;
C.
WHEREAS OEDMI has developed the current site plan proposing a three-phase
“lifestyle center” type of mixed-use development that benefits from both excellent U.S. 131
visibility and valuable views from the site to the eastern valley and using a dense site layout and
development concept creates a “destination” that results in a shopping atmosphere that
encourages extended stays;
D.
WHEREAS in order for OEDMI to redevelop the site with a developer, the
infrastructure of water and sewer is needed to update the site to hold the capacity of new
development;
E.
WHEREAS after considerable assessment by consultants, Exxel Engineering, John
Ernst, PE and Wade Trim, the current sewer and water system will not support the capacity of
the site plan;
F.
WHEREAS in order to maximize revenue returns to the tribe, OEDMI is working with
Odawa Casino Resort to utilize the current sanitary sewer system held by the Odawa Casino
Resort;
G.
WHEREAS the onsite sanitary sewer system needs to be connected to OCR to utilize the
current sanitary sewer system held by the Odawa Casino Resort and the cost to connect to the
existing system and make improvements to the OCR’s system is $1,115,700.00;
H.
WHEREAS the Appropriations and Finance Committee motioned, at its regularly
scheduled meeting held on May 12, 2015, to recommend to Tribal Council to approve the
appropriation of funds requested from OEDMI, in the amount of $1,115,700.00 to come from
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the restricted General Fund Balance Funds- Economic Development reserve.
I.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and appropriates funding to OEDMI in the amount of
$1,115,700.00 to cover expenses associated the sanitary sewer system, to come from the
restricted General Fund Balance Funds- Economic Development reserve.
J.
FINALLY BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION #052115-01)
18.298(5.15)(b)
ESTABLISH AN ODAWA ECONOMIC DEVELOPMENT
MANAGEMENT, INC. (OEDMI) LINE OF CREDIT IN THE AMOUNT OF $585,000.00
A.
WHEREAS OEDMI was created as a Tribally Chartered Corporation through WOS
2009-24 for non-gaming economic development;
B.
WHEREAS OEDMI was charged with the development of the property at 1966 US 131
S, Petoskey, MI, now known as The Shops at Victories Center;
C.
WHEREAS OEDMI has developed the current site plan proposing a three-phase
“lifestyle center” type of mixed-use development that benefits from both excellent U.S. 131
visibility and valuable views from the site to the eastern valley and using a dense site layout and
development concept creates a “destination” that results in a shopping atmosphere that
encourages extended stays;
D.
WHEREAS in order for OEDMI to redevelop the site with a developer, the
infrastructure of water and sewer is needed to update the site to hold the capacity of new
development;
E.
WHEREAS after considerable assessment by consultants, Exxel Engineering, John
Ernst, PE and Wade Trim, the current sewer and water system will not support the capacity of
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the site plan;
F.
WHEREAS in order to maximize revenue returns to the tribe, OEDMI is working with
Odawa Casino Resort to utilize the current sanitary sewer system held by the Odawa Casino
Resort;
G.
WHEREAS OEDMI needs a line of credit in the amount $585,000.00 to make sanitary
sewer system improvements on the site, and anticipates receiving funds from the developer and
Michigan Economic Development Corporation to reimburse the expenses to the Tribe;
H.
WHEREAS the Appropriations and Finance Committee motioned, at its regularly
scheduled meeting held on May 12, 2015, to recommend to Tribal Council to approve the line of
credit in the amount $585,000.00, and an appropriation of $1,115,700.00 to come from the
restricted General Fund Balance Funds- Economic Development reserve.
I.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and establishes a line of credit for Odawa Economic
Development Management, Inc. (OEDMI) in the amount of $585,000.00, the cost of sanitary
sewer system and all funds extended to OEDMI will be repaid to the Tribe within thirty-six
month to come from the cash flow of the restricted General Fund Balance Funds- Economic
Development reserve.
J.
FINALLY BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as established by Tribal Council.
(Source: TRIBAL RESOLUTION #052115-02)
18.299(6.15)(a)
TO APPROPRIATE TO ODAWA CASINO RESORT THE
AMOUNT OF $3,320,000.00 TO COME FROM THE RESTRICTED GENERAL FUND
BALANCE FUNDS- ECONOMIC DEVELOPMENT RESERVE AND ALLOW FOR
OCR TO RESERVE PROFITS TO IMPLEMENT THE FIVE YEAR STRATEGIC PLAN
A.
WHEREAS the Odawa Casino Resort (OCR) presented the Little Traverse Bay Bands of
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Odawa Indians Five-year Strategic Economic Development Plan dated May 7, 2015 to Tribal
Council;
B.
WHEREAS the plan includes three-phases of development where Phase I of the plan is
the building of a casino within the Village of Mackinaw City;
C.
WHEREAS Tribal Council approved the Little Traverse Bay Bands of Odawa Indians
Five-year Strategic Economic Development Plan at its regularly scheduled meeting held on May
7, 2015;
D.
WHEREAS in order to implement Phase I and Phase II of the approved plan, the Odawa
Casino Resort and the Gaming Enterprise Board or its successor will need appropriations in the
amount of $3,320,000.00.
E.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and appropriates funds to Odawa Casino Resort and the
Gaming Enterprise Board or its successor in the amount of $3,320,000.00 to implement of the
Little Traverse Bay Bands of Odawa Indians Five-year Strategic Economic Development Plan to
establish a 64 slot machine and to partially fund the casino expansion to come from the restricted
General Fund Balance Funds- Economic Development reserve.
F.
FURTHER BE IT RESOLVED Odawa Casino Resort and the Gaming Enterprise
Board or its successor can retain from the profits of the Mackinaw Casino the amount of
$880,000.00 to complete the RV Park and the casino expansion, and such funds can only be
expended if Class III gaming is utilized.
G.
FURTHER BE IT RESOLVED that the appropriated funds will be set apart and
deposited into account entitled the Odawa Casino Resort Project Development checking account
and administered by Odawa Casino Resort and the Gaming Enterprise Board or its successor, in
accordance with Addendum A, and such funds shall be carried over each fiscal year.
H.
FINALLY BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
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(Source: TRIBAL RESOLUTION #061815-01)
18.300(10.15)(a)
TRANSFER OF FUNDS FROM THE LEGISLATIVE BRANCH
AD-HOC AGRICULTURAL WORK GROUP FUND TO ZIIBIMIJWANG, INC., A
TRIBALLY CHARTERED CORPORATION, IN THE AMOUNT OF $31,136,46
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council approved
the Designation of Land Use and Transfer of Property Use that transferred the house at
Ziibimijwang Farm, 5055 Gill Road, Carp Lake, to Ziibimijwang, Inc.;
B.
WHEREAS with the transfer of the house to Ziibimijwang, Inc., the corporation will be
responsible for the general maintenance of the house located at the Ziibimijwang Farm;
C.
WHEREAS the Ad Hoc Agricultural Work Group, (AAWG) was given funding to cover
maintenance of the property and house at the Ziibimijwang Farm and with the transfer to
Ziibimijwang, Inc. the AAWG will no longer be in need of the funds.
D.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes the transfer of funds from the Legislative Branch Ad Hoc
Agricultural Work Group fund to Ziibimijwang, Inc., a Tribally Chartered Corporation, in the
amount of $31,136.46 to maintain the house and surrounding property located at Ziibimijwang
Farm.
E.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes the transfer of funds from the Legislative Branch Ad Hoc
Agricultural Work Group fund to Ziibimijwang, Inc., a Tribally Chartered Corporation, in the
amount of $31,136.46 to maintain the house and surrounding property located at Ziibimijwang
Farm.
F.
FURTHER BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
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(Source: TRIBAL RESOLUTION #100815-01)
18.300(12.15)(a)
AMENDMENT TO TRIBAL RESOLUTION # 042715-01,
APPROPRIATION OF FUNDS FOR THE 2016 OPERATING BUDGETS AND
RESTATEMENT OF FUNDING ALLOCATION FOR THE 2016 FISCAL YEAR, TO
ADDRESS FY 2016 BUDGET EMERGENCY
A.
WHEREAS in accordance with the Constitution, Tribal Council enacted Tribal
Resolution # 042715-01, an annual budget for the fiscal year 2016;
B.
WHEREAS the FY 2016 Budget, as approved, is $31,914,851.58 and distributed to the
Tribal Government Branches as following: $2,212,522.33 for the Legislative Branch;
$1,216,000.00 for the Judicial Branch; $106,311.00 for the Election Board; $183,950.00 for the
Prosecutor; $28,196,068.25 for the Executive Branch;
C.
WHEREAS the FY 2016 Budget includes General Fund Revenue and Spending in the
amount of $12,700,000 and the estimated revenue distributions from the Odawa Casino Resort
to be $12,500,000;
D.
WHEREAS the FY 2016 Odawa Casino Resort Budget currently estimates the net
revenue distributions to the LTBB Government to be $11,385,000 creating a deficit position in
the FY 2016 General Fund Budget of $1,115,000.00;
E.
WHEREAS $600,000 of the budget deficit may be mitigated by emerging economic
development efforts;
F.
WHEREAS the goal of any fiscally responsible government is a balanced budget;
G.
WHEREAS Waganakising Odawak Statute #2015-016 Tribal Government Budget
Formulation Process, Section XVII, states that at any time during the fiscal year, the Treasury
Office, based on a revenue analysis and other factors, may recommend to Tribal Council to
declare a budget emergency;
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H.
THEREFORE, BE IT RESOLVED that the Tribal Council declares the FY 2016 to be
in a state of budget emergency, in accordance with WOS 2015-016.
I.
THEREFORE BE IT FURTHER RESOLVED to meet the requirement of a balanced
budget, the Tribal Government Divisions have amended their General Fund Budgets as
follows: Legislative $1,302,688, Judicial $1,095,772, Prosecutor $270,491, Election Board
$90,000, Executive $9,423,812.
J.
FINALLY BE IT RESOLVED that the FY 2016 operating budget is amended as
presented, dated December 21, 2015, in the amount of $2,098,284 for the Legislative Branch;
$1,095,772 for the Judicial Branch; $90,000 for the Election Board; $270,491 for the Prosecutor;
$27,843,068 for the Executive Branch. The amended budget, for a total of $31,397, 615.00,
includes the anticipated revenues derived from the casino operation in accordance with the
financing loan agreement that is subject to the above funding allocation percentages, and the
revenues and expenditures anticipated to be received from grants, carryover funds, taxes,
refunds, rents, third party billings, cost recovery and other revenues.
(Source: TRIBAL RESOLUTION #122115-02)
18.300(8.16)(a)
BUDGET MODIFICATION FOR SAFETY BUDGET
A.
WHEREAS, In accordance with Waganakising Odawak Statute 2015-004, Process for
Appropriations of Supplemental Funding, the Appropriations and Finance Committee reviewed
the information concerning the financial needs for the safety program; and
B.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and approved the budget modification in the amount of
$28,400.00 for purpose of providing funds for the Safety position.
(Source: TRIBAL RESOLUTION #081816-02)
18.300(7.17)(a)
BUDGET MODIFICATION FOR ELDERS AND CAPITAL
IMPROVEMENTS
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A.
WHEREAS Fringe and Indirect Costs are lower than expected in the FY 2017 Tribal
Governmental Budget ; and
B.
WHEREAS In accordance with Waganakising Odawak Statute 2015-004, the
modification has been posted to the Tribal Website for (7) seven days and has been submitted to
the Tribal Council.
C.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and approves the budget modification of excess fringe and
indirect costs in the FY 2017 General Fund Executive Budgets to move $52,000.00 to Elders
Department budget and 109,346.00 to Capital Improvements .
(Source: TRIBAL RESOLUTION #062217-01)
18.300(7.17)(b)
TO APPROPRIATE TO ODAWA ECONOMIC DEVELOPMENT
MANAGEMENT, INC. (OEDMI) $895,559.00 TO COME FROM THE RESTRICTED
GENERAL FUND BALANCE FUNDS- ECONOMIC DEVELOPMENT FOR THE
SEPTIC EQUALIZATION TANK AT THE ODAWA CASINO RESORT
WASTEWATER TREATMENT FACILITY
A.
WHEREAS OEDMI was created as a Tribally Chartered Corporation through WOS
2009-24 for non-gaming economic development;
B.
WHEREAS OEDMI was charged with the development of the property at 1966 US 131
S, Petoskey, MI, now known as The Shops at Victories Center;
C.
WHEREAS OEDMI has developed the current site plan proposing a three-phase
“lifestyle center” type of mixed-use development that benefits from both excellent U.S. 131
visibility and valuable views from the site to the eastern valley and using a dense site layout and
development concept creates a “destination” that results in a shopping atmosphere that
encourages extended stays;
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D.
WHEREAS in order for OEDMI to redevelop the site, water and sewer infrastructure
was needed to update the site to hold the capacity of the new development;
E.
WHEREAS on May 21, 2015, the Tribal Council appropriated funds to OEDMI to be
used to upgrade the Odawa Casino Resort waste water treatment plant in order to hold the
capacity needed from the OEDMI site;
F.
WHEREAS since May 21, 2015 OEDMI and Odawa Casino Resort have been working
together pursuant to a Memorandum of Understanding dated September 3, 2015 to upgrade the
Odawa Casino Resort waste water treatment plant, and have completed the first two of three
phases necessary to upgrade the plant;
G.
WHEREAS since May 21, 2015 OEDMI and Odawa Casino Resort have learned that the
costs to complete the last phase of the waste water treatment plant upgrade is more expensive
than anticipated due to a growing economy and more costly material and labor costs;
H.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council authorizes and appropriates funding to OEDMI in the amount of
$895,559.00 to cover expenses necessary to complete the waste water treatment plant, to come
from the restricted General Fund Balance Funds- Economic Development reserve.
I.
FINALLY BE IT RESOLVED that in accordance with the Constitution the Executive
Branch shall administer such funds as appropriated by Tribal Council.
(Source: TRIBAL RESOLUTION #072717-01)
18.300(12.06)(a)
THE ESTABLISHMENT OF A CAPITAL PROJECT FUND FOR
THE CONSTRUCTION OF THE FISHERIES ENHANCEMENT FACILITY
(HATCHERY) AT THE DRIER ROAD PROPERTY
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the
elected governing body of the Tribe;
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B.
WHEREAS the Tribe seeks to develop and construct a fisheries enhancement facility
that will be used to enhance local populations of culturally significant species;
C.
WHEREAS excepted benefits of the project include but are not limited to; Increased Self
Governance, Treaty Rights Protection, Increased Management and Research Capabilities,
Educational and Training Opportunities and Partnerships with other Natural Resource Agencies;
D.
WHEREAS the Tribal Council has approved the purchase and is seeking to have placed
in Trust a eighty acre piece of property on Drier Road for the construction of the facility;
E.
WHEREAS the Natural Resource Department sought and received grant funds to be
used toward the completion and/or construction of the fisheries enhancement facility;
F.
THEREFORE BE IT RESOLVED that the Tribal Council of the Little Traverse Bay
Bands of Odawa Indians hereby establishes a capital project fund for the construction of the
Fisheries Enhancement Facility (Hatchery) at the Drier Road. Property and that all expenditures
will be done in accordance with the “Policy for the Management of Capital Project Funds”;
G.
BE IT FURTHER RESOLVED that the Fisheries Enhanceme
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