GENERAL COUNCIL MINUTES AUGUST 21, 2012 6:00 PM ______________________________ The 60th General Council meeting of the 55th Elected Council of the Six Nations of the Grand River Territory was held on the above noted date held in the Council Chambers of the Administration Building, Ohsweken, Ontario, with Chief William K. Montour presiding. THOSE PRESENT: Melba Thomas Roger Jonathan Robert Johnson Carl Hill Chief William Montour Ross Johnson B. Darryl Hill Wray Maracle R. Helen Miller Lewis Staats David Hill Mark B. Hill ABSENT: Ava Hill- Council Business IN ATTENDANCE: Dayle Bomberry, Senior Administrative Officer Gary Phillips, Director of Finance Karen Best, Communications Officer Michael Montour, Director Public Works MEDIA: Teka News- Stephanie Dearing Turtle Island News- Donna Duric RECORDER: Rebecca McComber, Assistant to Director of Finance Meeting Called to Order at 6:00 p.m. (1) CHANGES/ADDITIONS/DELETIONS AND ADOPTION OF AGENDA Additions: Melba Thomas Hill Family membership issues Dan Elliott finances Chief Montour Community Living GC#568/08/21/2012 Moved by David Hill and seconded by Robert Johnson that Six Nations Elected Council adopt the General Council Agenda of August 21, 2012 as presented. ALL IN FAVOUR (2) DECLARATION OF CONFLICTS (3) DELEGATIONS/PRESENTATIONS CARRIED GENERAL COUNCIL MINUTES AUGUST 21, 2012 PAGE 2 __________________________________ a) HOCKEY TEAMS – PLAQUE PRESENTATION Two Minor Hockey Teams from Six Nations won medals in the All Ontario Championship playoffs: Councillor Carl Hill presented the Peewee and Novice Team players and coaching staff with acknowledgement plaques on behalf of Six Nations Elected Council Team members from both teams were brought in and congratulated individually by Chief and Council b) FOUNDERS CUP Congratulations were also noted for Six Nations Rebels for back to back wins on the Founders Cup. Also on the successful hosting duties for the Founders Cup event held on Six Nations Territory. Councillor Wray Maracle noted that the event was the best ever held with the assistance of Erin Monture and many volunteers. Also, the Rebels are the first team to ever win five Founders Cups in the history of the event. c) HILL FAMILY - BORDER CROSSING ISSUES Melody Hill, Donna Hill and Goldie Hill were in attendance to discuss border crossing issues that have been occurring with their family members. INAC has classified some of the family members as Bill C31 Father is Jeremiah Hill, mother is Fleeta Ground Hill The children of Jeremiah/Fleeta were given status but the grand children were not Parents and grandparents are Six Nations band members Justine Hill (grandchild) works at Seneca Casino and is getting harassed at Border and now not allowed to cross Jan Burning is unable to assist as it is out of her authority The family has already tried the McIvor Bill and were denied by INAC Chief suggested a meeting with Border Officials and get Registrar in Ottawa involved. He requested that the family provided copies of long form birth certificates for family members that are affected Council requested that Jan Burning, Director of Membership prepare a Briefing Note with all details of this issue. GC#569/08/21/2012 Moved by David Hill and seconded by Wray Maracle that Six Nations Elected Council accept as information, the documents provided by the Hill Family regarding their status as Six Nations Band Members and that they provide long form birth certificates for family members that have been affected by Bill C31. ALL IN FAVOUR CARRIED d) DAN ELLIOT – FINANCIAL MATTERS Mr. Elliot received a letter from his lawyer stating that “the amount of this judgment will be paid directly to the plaintiff immediately and failure to do so will result in additional costs.” This is the result of the legal action taken by Mr. Elliot regarding payment of work at Iroquois Lodge. SAO noted that the issue has been turned over to Council’s insurance company and an update has not been received yet. SAO will contact the insurance company tomorrow It was noted that Council was not notified of the court action and has not had fair representation in court The standing court order is for $15,255. GC#570/08/21/2012 Moved by Robert Johnson and Melba Thomas that Six Nations Elected Council accepts as information, the issues regarding Dan Elliott’s Court Order for payment of $15,255 and direct the Senior Administrative Office to follow up with Council’s insurance company as soon as possible. ALL IN FAVOUR CARRIED GENERAL COUNCIL MINUTES AUGUST 21, 2012 PAGE 3 __________________________________ (4) ADOPTION OF THE GENERAL COUNCIL MINUTES OF AUGUST 14, 2012 Correction: Rocki Smth’s title is Deputy Police Chief (change all references to him in minutes) Education Report has not been placed on website GC#571/08/21/2012 Moved by David Hill and seconded by Mark Hill that the General Council Minutes of August 14, 2012 be adopted as read. ALL IN FAVOUR CARRIED (5) MOHAWK CHAPEL - SILVER BELLS GC#572/08/21/2012 Moved by David Hill and seconded by Lewis Staats that Six Nations Elected Council approve the request of the Mohawk Chapel Committee to use the eight Silver Bells for their Parish service on September 2 and for their Special Queen’s Jubilee service on September 30, 2012 and that they be allowed to sign them out earlier in order to practice for these events. ALL IN FAVOUR CARRIED GC#573/08/21/2012 Moved by Roger Jonathan and seconded by David Hill that Six Nations Elected Council approve to WAIVE SECOND READING on Resolution GC#572/08/21/2012. ALL IN FAVOUR CARRIED RECOMMENDATIONS FROM COMMITTEE OF THE WHOLE, AUGUST 13, 2012 (6) Recommendation 1: GC#574/08/21/2012 Moved by Robert Johnson and seconded by Ross Johnson that Six Nations Elected Council accept the recommendation from Committee of the Whole to accept the presentation from the Southgate Public Interest Research Group regarding the Dundalk Eco Park as information only. ALL IN FAVOUR (7) CARRIED Recommendation 2: GC#575/08/21/2012 Moved by Robert Johnson and seconded by Roger Jonathan that Six Nations Elected Council accept the recommendation from Committee of the Whole to accept Keith Jamieson’s verbal report on the Six Nations Legacy Consortium as information only. ALL IN FAVOUR (8) CARRIED Recommendation 3: GC#576/08/21/2012 Moved by Roger Jonathan and seconded by Ross Johnson that Six Nations Elected Council accept the recommendation from Committee of the Whole to approve payment of KPMG Invoices No. 44451867 in the total amount of THIRTY THOUSAND DOLLARS ($30,000) for services rendered for the audit of the financial statements for the period ending March 2012. ALL IN FAVOUR (9) CARRIED Recommendation 4: GC#578/08/21/2012 Moved by Robert Johnson and seconded by Carl Hill that Six Nations Elected Council accept the recommendation from Committee of the Whole to Blakes, Cassels & Graydon LLP in the total amount GENERAL COUNCIL MINUTES AUGUST 21, 2012 PAGE 4 __________________________________ of TWENTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY-ONE AND FIFTEEN CENTS ($27,751.15) for professional services rendered with regard to: 1) 2) Community Living Six Nations Attorney General of Canada and HMQ ALL IN FAVOUR (10) $ 892.50 (central administration) $ 26,858.65 (lands and resources) CARRIED Recommendation 5: GC#579/08/21/2012 Moved by Robert Johnson and seconded by Carl Hill that Six Nations Elected Council accept as information and approve for signature, Amendment No. 002 to the Aboriginal Recipient Funding Arrangement for Six Nations of the Grand River, for the fiscal year 2012/13 in the amount EIGHTEEN MILLION, NINE HUNDRED SIXTY-EIGHT THOUSAND TWO HUNDRED SIX DOLLARS AND ZERO CENTS ($18,968,206). This Amendment will include: Social Assistance for Employment and Training $ 31,939 New Paths for Education-Improving School Effectiveness $ 229,900 Total amount including all current Amendments and Notice of Budget Adjustments that the Minister agrees to provide is THIRTY MILLION FIVE HUNDRED FIFTY-SEVEN THOUSAND TWO HUNDRED FORTY-FIVE DOLLARS ($30,557,245). ALL IN FAVOUR (11) CARRIED Recommendation 6: GC#580/08/21/2012 Moved by Carl Hill and seconded by Helen Miller that Six Nations Elected Council accept the briefing note with the request that there be discussion and direction on how to proceed with the implementation stage of the MRP Law with respect to the two issues (Provincial Recognition/Cooperation and the Residency By-law), AND that a meeting is scheduled for August 29, 2012 at 9:00 a.m. in the Council Chambers for full discussion. ALL IN FAVOUR (12) CARRIED Recommendation 7: GC#581/08/21/2012 Moved by Lewis Staats and seconded by Carl Hill that Six Nations Elected Council approve to retain the original 1983 Agreement that was signed between Six Nations Council and the Corporation of the City of Brantford regarding consumption fees for Mohawk Chapel water and wastewater. ALL IN FAVOUR (13) CARRIED Recommendation 8: GC#582/08/21/2012 Moved by Robert Johnson and seconded by Carl Hill that Six Nations Elected Council accept the recommendation from Committee of the Whole to authorize Chief William K. Montour to travel to Boston Massachusetts to give a presentation at the Boston Global Absolute Return Conference on October 15 -17, 2012. ALL IN FAVOUR CARRIED RECOMMENDATIONS FROM CORPORATE & EMERGENCY SERVICES AUGUST 15, 2012 (14) Recommendation 1: Ross feels that rep is not needed. Group goes to CES and/or Ec Dev with their issues Group feels that Ross does not attend enough Protocol is the council rep acts as liaison with Council and bring issues forward GENERAL COUNCIL MINUTES AUGUST 21, 2012 PAGE 5 __________________________________ Group does want Council rep - they meet once a month Carl Hill volunteered GC#583/08/21/2012 Moved by Roger Jonathan and seconded by Mark Hill that Six Nations Elected Council designated Councillor Carl Hill as the new Council representation on the Six Nations Farmers Association to replace Councillor Ross Johnson. 1 OPPOSED CARRIED GC#584/08/21/2012 Moved by Roger Jonathan and seconded by Lewis Staats that Six Nations Elected Council approve to WAIVE SECOND READING on Resolution GC#583/08/21/2012. 1 OPPOSED CARRIED RECOMMENDATIONS FROM COMMITTEE OF THE WHOLE, AUGUST 20, 2012 (15) Recommendation 1: GC#585/08/21/2012 Moved by Darryl Hill and seconded by Ross Johnson that Six Nations Elected Council accept the recommendation from Committee of the Whole to reallocate any remainder of funds of the $182,203.35 (ONE HUNDRED EIGHTY TWO THOUSAND TWO HUNDRED AND THREE DOLLARS AND THIRTY-FIVE CENTS) in Reserved Funds allocated to the Design Road 265 Project to the double surface treatment of Road #265 and Road #253 once the Road Design and Construction is complete. ALL IN FAVOUR CARRIED Recommendation 2: GC#586/08/21/2012 Moved by Darryl Hill and seconded by Ross Johnson that Six Nations Elected Council accept the recommendation from Committee of the Whole to approve contracting Cornell Construction Limited to supply and apply double surface treatment to Road #265 and Road #253 in the amount of ONE HUNDRED ELEVEN THOUSAND EIGHT HUNDRED AND FOUR DOLLARS AND TWENTYFOUR CENTS ($111,804.24). ALL IN FAVOUR CARRIED Recommendation 3: GC#587/08/21/2012 Moved by Darryl Hill and seconded by Ross Johnson that Six Nations Elected Council approve to WAIVE SECOND READING on Resolutions GC#585/08/21/2012 and GC#586/08/21/2012. ALL IN FAVOUR (16) CARRIED Recommendation 4: GC#588/08/21/2012 Moved by Helen Miller and seconded by Lewis Staats that that Six Nations Elected Council accept the recommendation from Committee of the Whole to have a meeting scheduled with the Minister of the Environment regarding application approvals without proper consultation relating to the Lystek project at Dundalk Echo Park in Southwald, Ontario . ALL IN FAVOUR CARRIED GENERAL COUNCIL MINUTES AUGUST 21, 2012 PAGE 6 __________________________________ (17) Recommendation 5: GC#589/08/21/2012 Moved by Roger Jonathan and seconded by David Hill that that Six Nations Elected Council accept the recommendation from Committee of the Whole to send out information on the International Plowing Match to the Six Nations Community advising that there is an invitation for anyone to attend this event as a vendor. ALL IN FAVOUR (18) CARRIED Recommendation 6: GC#590/08/21/2012 Moved by Robert Johnson and seconded by Carl Hill that that Six Nations Elected Council accept the recommendation from Committee of the Whole that the 2012/13 Ministry of Children and Youth Services – Youth Justice Division Service Contract Amendment 1 in the amount of ONE HUNDRED SEVENTY-SEVEN THOUSAND SEVEN HUNDRED AND SEVENTY-SIX ($177,776) be approved and signed by two authorized signatures and returned to Social Services for processing. ALL IN FAVOUR CARRIED Recommendation 7: GC#591/08/21/2012 Moved by Carl Hill and seconded by Lewis Staats that Six Nations Elected Council WAIVE SECOND READING for Resolution GC#590/08/21/2012. ALL IN FAVOUR (19) CARRIED Recommendation 8: GC#592/08/21/2012 Moved by Carl Hill and seconded by David Hill that that Six Nations Elected Council accept the recommendation from Committee of the Whole to approve and sign a Six Nations Council Resolution (SNCR) to authorize Gary Phillips, Director of Finance, as a Council Signatory, effective immediately. ALL IN FAVOUR CARRIED Recommendation 9: GC#593/08/21/2012 Moved by Robert Johnson and seconded by David Hill that Six Nations Elected Council approve to WAIVE SECOND READING on Resolution GC#592/08/21/2012. ALL IN FAVOUR (20) CARRIED Recommendation 10: GC#594/08/21/2012 Moved by David Hill and seconded by Lewis Staats that Six Nations Elected Council accept the recommendation from Committee of the Whole to accept the invitation and financial contribution request as information at this time until they receive more information on the Diabetes event. ALL IN FAVOUR (21) CARRIED BUSINESS RECOGNITION GC#595/08/21/2012 Moved by Mark Hill and seconded by Helen Miller that Six Nations Elected Council recognize Stepping Stones Publications, Owned by Cindy Martin as a business operating on Six Nations of the Grand River Territory. ALL IN FAVOUR CARRIED GENERAL COUNCIL MINUTES AUGUST 21, 2012 PAGE 7 __________________________________ GC#596/08/21/2012 Moved by David Hill and seconded by Lewis Staats that Six Nations Elected Council recognize Sovereign Wholesale Solutions, Owned by Roger Lee Hill & Miles Fitzpatrick General as a business operating on Six Nations of the Grand River Territory. ALL IN FAVOUR CARRIED The following business recognition was deferred to next General Council. a. RJ/RJ Certified Solar Owner: Michael Garett Harris (22) SCHEDULING LOCAL Aug 20/12 COMMITTEE OF THE WHOLE Aug 21/12 GENERAL COUNCIL Aug 27/12 COUNCIL UPDATE Aug 28/12 GENERAL COUNCIL Sept 3/12 LABOUR DAY – COUNCIL CLOSED Sept 4/12 COMMITTEE OF THE WHOLE Sept 5/12 Human Services Committee Sept 11/12 GENERAL COUNCIL Sept 12/12 Physical and Economic Development Committee Sept 17/12 COMMITTEE OF THE WHOLE Sept 18/12 GENERAL COUNCIL Sept 19/12 Corporate and Emergency Services Committee Sept 24/12 COUNCIL UPDATE Sept 25/12 GENERAL COUNCIL 9:00 a.m. 6:00 p.m. 9:00 a.m. 6:00 p.m. 9:00 a.m. 9:00 a.m. 6:00 p.m. 9:00 a.m. 9:00 a.m. 6:00 p.m. 9:00 a.m. 9:00 a.m. 6:00 p.m. OUT OF TOWN COMMUNITY EVENTS Aug 24-25 Strengthening Survivors Connections Truth and Reconciliation Aug 27/12 Schools Open – Students Return NEW BUSINESS Chief spoke to Michael Coyle regarding allegations at Community Living. The government has approved the mediation process and requested that the name of mediator is forwarded. Diane Belabow, who is retired from Brantford Community Living has been suggested as a mediator. Michael will do himself if another person cannot be obtained. It was noted that there are ties between Brantford Community Living and Six Nations Community Living and obtaining Ms. Belabow as mediator is a possible conflict of interest. GC#597/08/21/2012 Moved by Lewis Staats and seconded by Darryl Hill that Six Nations Elected Council appoint Michael Coyle as the mediator for Community living allegations. ALL IN FAVOUR CARRIED GC#598/08/21/2012 Moved by Carl Hill and seconded by Roger Jonathan that Six Nations Elected Council approve to WAIVE SECOND READING on Resolution GC#597/08/21/2012. ALL IN FAVOUR CARRIED GENERAL COUNCIL MINUTES AUGUST 21, 2012 PAGE 8 __________________________________ (23) MOTION TO ADJOURN TO IN-CAMERA GC#599/08/21/2012 Moved by David Hill and seconded by Carl Hill that Six Nations Elected Council adjourn General Council meeting to an In-Camera Session at 7:15 p.m. ALL IN FAVOUR CARRIED _________________________________ CHIEF WILLIAM K. MONTOUR
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