Karuk Tribe of California
Tribal Council Meeting Minutes
June 23, 2005
Happy Camp
Ayukii,
The meeting was called to order at 5:07 PM by Leaf Hillman, Vice-Chairman.
The preamble to the Constitution was read aloud by Roy Arwood and Susan Gehr said an opening prayer.
Roll Call
Present
Leaf Hillman, Vice-Chairman
Florrine Super, Secretary
Leeon Hillman, Treasurer
Roy Arwood, Member
Florence Conrad, Member
Robert Goodwin, Member
Absent
Arch Super, Chairman, on travel to Tuscon, Arizona
Alvis Johnson, Member, on travel to Washington, DC
Robert Grant, Member, excused
Quorum is established.
Approval of the Agenda for June 23, 2005
Robert Goodwin moved and Leeon Hillman seconded to approve the Agenda for June 23, 2005. 5 haa, 0 puuhara, 0 pupitihara.
1) Approval of the Minutes for May 26, 2005
Robert Goodwin moved and Florrine seconded to approve the Minutes for May 26, 2005. 5 haa, 0 puuhara, 0 pupitihara.
2) Ben Riggan, KCDC Economic Development Coordinator
Not present.
3) Craig Tucker, Klamath River Campaign Coordinator
Craig introduced himself as the Klamath River Campaign Coordinator working jointly for the Karuk and Yurok Tribes to address Klamath River water issues and their goal of removing the dams on the river to restore the fisheries. He presented a fifteen minute Power Point presentation addressing the issues and providing information to the audience and Tribal Council. It provided an overview of the history of the situation and how they plan to proceed to address the issues. Their proposition is to remove the four lower dams on the Klamath River. He states that this is the first time in 50 years that there has been an opportunity to make any changes to the regulations placed on the dams as they are only re-licensed every 30 or 50 years through the Federal Energy Regulatory Commission (FERC). They are taking the opportunity to attempt dam removal through the settlement negotiation process with FERC. He updated them on the past five years of activity that has occurred. FERC led them to believe that the Tribal concerns would be addressed in the re-licensing process but after four years of meetings their concerns were not mentioned in the re-licensing application. The Tribes have since formed the Bring the Salmon Home Campaign to alert agencies, officials, and the public to the issues that are being ignored on the Klamath River. They are putting pressure on both PacifiCorp/Scottish Power and the Governors of California and Oregon through grass-root tactics. They made a trip to Scotland last year to inform the share-holders of Scottish Power of the Tribal issues and met with the fund managers of the investment funds that are managed in London. There were over 100 media outlets following the trip to Scotland with photos and interviews during their trip. They met with the CEO of Scottish Power and verbal promises were made but no action taken. Scottish Power has announced plans to sell PacifiCorp to Mid America Energy in Des Moines, IA. Berkshire Hathaway Inc. is 80% owner of that company. There is a long process to sell the company and many approvals required including 6 PUC’s, SEC, FERC, and the shareholders. Warren Buffet is the main owner of the buying company; they have a family history of being involved in Native American Rights issues and Native American arts. The dam removal decisions will most likely come before the sale is final due to the long process. The CEO is in trouble with Scottish Power because the company is losing money on PacifiCorp. They will be traveling to Scotland again this year and hope the trip will fuel the media of the issues and also send an indirect message to Mid America Energy regarding their dedication to this project. There is also a complete health aspect to the dams blocking salmon which impacts the nutrition of the Native Americans on the River that is denying them their traditional foods and creates a social justice issue. He will be playing Salmon on the Backs of Buffalo at the Reunion and PBS has plans to air Pikyowish: Fixing the World which will cover the issues in the basin. He encourages everyone to contact him if they have questions. He answered several questions from the audience and Tribal Council Members.
4) Susan Gehr
Susan was present to “test” a survey that she plans to use at the Reunion on Saturday. She handed it out to everyone so that they could give her feedback before Saturday. She will be distributing a “free” gift in exchange for the returned survey on Saturday at the People’s Center
5) Old Business
Florrine states she had an Old Business item regarding the Agenda changes they had previously discussed and Sara states she planned to work on this before the next meeting.
6) Julie Burcell, Grant Writer
Written report submitted. Julie and Rick were both present to answer any questions they may have. She updated them on all of the work they have been doing to organize the department and get going on applications. They have worked with IT to develop a Shared Drive on the computer network where staff can access information about writing grants, grant opportunities, and previous grant research information so that the information is not lost. They have also distributed surveys to the staff and once they have a larger response from the surveys they can schedule a meeting to review them and do some planning with the Council. She hopes to be able to do that in the near future so they can get started writing grants. Florence thanked them for coming and all of their work.
Florrine Super moved and Robert Goodwin seconded to approve Julie and Rick’s report. 5 haa, 0 puuhara, 0 pupitihara.
7) Sami Difuntorum, KTHA
Sami was present to review her written report with the Council. She updated the audience on the information contained in the report. She states there is $437,000 still available for First Time Homebuyers for FY 2005. She states they are moving forward on cost estimates for the Resident Services Center and there will be further information available at the meeting on July 13, 2005.
Roy Arwood moved and Leeon Hillman seconded to approve Sami’s report. 5 haa, 0 puuhara, 0 pupitihara.
8) Leo Carpenter, People’s Center
Leo was present to review his written report. He updated them on the two grants he submitted during the past month. He thanked Edward Peters and Jennifer Jones for helping to make room at the Center and getting the inventory organized. He states he has made some external contacts to attempt to receive Karuk items from other museums. He had an exhibit designer on site today to look at new ways to express their ideas and display their items. Leaf asked if he has an Advisory Committee meeting scheduled, he states he does not currently. He announced that September 23-25, 2005 are the dates that have been set aside for the Fall Basketweaver’s Gathering in Happy Camp.
Robert Goodwin moved and Florrine Super seconded to approve Leo’s report. 5 haa, 0 puuhara, 0 pupitihara.
9) Laura Mayton, CFO
Laura did not submit a written report but distributed some items for their review and approval. The first is a Personnel Policy Manual Amendment to Section 7.4.0 Conflicts of Interest to put an additional internal control step in place for paperwork employee’s in key positions may process that directly relates to themselves or their immediate family members.
Robert Goodwin moved and Leeon Hillman seconded to approve the amendment to Section 7.4.0 Conflicts of Interest in the Personnel Policy Manual. 5 haa, 0 puuhara, 0 pupitihara.
She distributed paperwork that was submitted to purchase furniture. Procurement was done, the order has been placed, and the check has been processed, but the amount is $2,952 and it was never submitted to Council for approval. It was approved by the ICWA Committee on May 5, 2005 but was not forwarded to Council.
Robert Goodwin moved and Florence Conrad seconded to purchase furniture for the foster family home in the amount of $2,952 from Barron’s Home Furnishings. 5 haa, 0 puuhara, 0 pupitihara.
She states the Final Audit for FY 2004 should be available by the deadline of June 30, 2005.
Robert Goodwin moved and Florrine Super seconded to approve Laura’s report. 5 haa, 0 puuhara, 0 pupitihara.
10) Hector Garcia, Self Governance
Hector was present to address the Council and update them on his current activities. He states that the AFA Negotiations were not successful and they left the table without signing the document as they have not come to a common agreement as of this time. The Karuk, Yurok, and Hoopa Tribes all left negotiations without agreeing on the AFA. BIA is taking the position that any trust documents that the Tribe has are the property of the US Government. He states that Recordkeeping is the main hurdle they have to compromise on. They are proposing that the trust documents remain on site with the Tribe and provide them copies of the checklist for each file they keep to ensure that the appropriate documents are included in the files. Leaf states that he is hesitant to sign off on the agreement without first ensuring there is a full understanding of the language, what they are expecting for recordkeeping of trust documents, and what their understanding of what the language means is. He would like to see what the Hoopa and Yurok Tribes are proposing for alternative language. Hector has a copy of it. Leaf would like a written brief of the document along with his recommendation and the reasoning for the language.
He updated them on the current activities of the Trust Consortium. They are currently heading the Probate Workgroup and development of a Probate Code. There will be a meeting on site in Happy Camp to work on this. Amy has asked that Hector go with her to Cabazon to speak to their Council as they have some contacts with key legislators and want to meet with him.
There are several things that must be done within the next eight weeks to move forward on the Casino project. He will discuss this further with them in closed session tonight.
Laura added some information onto Hector’s comments about the Social Services dollars and the possibility that BIA may provide them with additional dollars and will make it a regular item in the AFA each year. She states this is a huge accomplishment as it almost never happens and thanked Hector.
Bob asked if BIA plans to provide any dollars for the additional recordkeeping responsibilities that OST is placing on the Trust documents. Hector states BIA states they have no dollars, and OST is attempting to impose the standards but they state they have no dollars either. Leaf states this is unreasonable that they want to propose these increased responsibilities and equipment/staffing requirements but can’t provide any additional dollars. They should propose back to them that they will only do it if they provide the funding. Leaf states that BIA and OST don’t even follow these standards because they are ridiculous. The Karuk Tribe has current standards in place that exceed what they do and those standards should be adequate. Leaf states they in no way should agree to allow BIA or OST to define what a “trust document” is, that decision should be left to the Tribes. Laura states that when OST did their on site review this is the only tiny thing they could find to criticize the Tribes for and they are focusing on it. Hector will have his briefing ready by Wednesday for them to review.
Leeon Hillman moved and Robert Goodwin seconded to approve Hector’s report. 5 haa, 0 puuhara, 0 pupitihara.
11) Dion Wood, TERO/Childcare
Dion distributed his written report and reviewed the items contained in it with the Council.
Attached to his report was the most current Sales Tax Ordinance. There was one revision made regarding KTHA keeping 25% of the TERO tax they collect on Housing projects that he was not aware of and would like to take that back to the TERO Commission first as they have not seen that amendment. Leaf states the Housing Committee wanted to use a consistent methodology for TERO tax and Sales tax collection so it would be the same. Dion would like to schedule an additional meeting so that it can be finalized. It was scheduled for July 7, 2005 at 2 PM in Happy Camp. There needs to be further discussion as there are several issues that tie into this.
He appreciates their support for the Reunion. He has children’s activities planned that will be great!
He states the TERO Commission has approved six slots for Summer Youth workers and he has received requests for ten workers. He would like to know if the Council will fund four positions. They would like to see the budget at the WEDNESDAY meeting and a detail of the job sites and need requested.
He distributed the draft Childcare Plan for the period of 10/1/05 to 9/30/07. He has been doing collaboration work during the past several weeks and would like to make some adjustments to the plan to raise the rates to be comparable to other rates in the area. He states that the funding will be near its previous level come October of this year. He plans to have everyone re-apply so that the neediest families are receiving assistance. He plans to go over this with them at the WEDNESDAY meeting.
Dion states that Bob had recommended he develop a Cultural Grant Program for them to review and he included a draft in the packets for them to look at. If they approve of the concept he would like that turned over to the People’s Center Advisory Committee to pursue. Bob states there are several ceremony leaders that are requesting an avenue to approach the Council and work with them to be able to apply for grant dollars for ceremonial/cultural purposes. Julie states they would not need to be so specific that it would be culturally inappropriate but would allow them to access additional cultural dollars so that the Council can support the ceremonies and not “run” them. He would like the Council to approve the concept so that Leo can start working with his committee on this. It would be a project they will work on with planning dollars so that it will be in place for next year’s ceremonies. Leaf states he supports the concept and states that he would like to see more development of the concept and a focus on bringing in new dollars to administer these activities and meet the needs, not bring it back to Council for additional discretionary funding.
Consensus: For the Museum Advisory Committee to begin working on a full process and proposal to be brought back to the Council for review and discussion regarding Cultural Grants.
He updated them on his collaborative work and committees he has been working with and feels that there is a wonderful teamwork being developed allowing everyone to work together. He also let them know about some future projects coming up that he will be working on as well.
Roy Arwood moved and Florrine Super seconded to approve Dion’s report. 5 haa, 0 puuhara, 0 pupitihara.
12) Sandi Tripp, DNR
A written report was included in the packets for their review. She also distributed a purchase requisition to pay MaxDepth Aquatics, Inc. $3,451.50 for training services provided to the staff on May 16-17, 2005 to run water sampling equipment. The funding is from the water quality budget and the training has already been provided. She did not realize it was going to happen this way without a contract or that it was going to be over $2,000. Laura states the usual process would be to develop a contract to ensure everyone holds up their obligations but the service has already been provided.
Florence Conrad moved and Robert Goodwin seconded to pay $3,451.50 to MaxDepth Aquatics, Inc. 4 haa, 0 puuhara, 1 pupitihara (Florrine Super).
She distributed Contract 05-C-059 with Agricultural Research Foundation of Oregon State University not to exceed $31,500 for June 23, 2005 through September 30, 2006 to continue the C. Shasta studies on the Klamath River.
Florence Conrad moved and Robert Goodwin seconded to approve Contract 05-C-059. 5 haa, 0 puuhara, 0 pupitihara.
The next contract request is with Salmon Mountain Forestry in the amount of $7,480 from June 23, 2005 to November 30, 2005 to continue GPS and GIS work for the Klamath and Salmon River assessments and monitoring.
Robert Goodwin moved and Leeon Hillman seconded to approve Contract 05-C-060. 5 haa, 0 puuhara, 0 pupitihara.
She requested approval of Addendum #1 to Contract 05-C-029 with Kier and Associates to extend the end date of the contract to July 31, 2005. There is no change in the contract amount.
Florence Conrad moved and Robert Goodwin seconded to approve Addendum #1 to Contract 05-C-029. 5 haa, 0 puuhara, 0 pupitihara.
She requested approval to submit a supplemental request to EPA for Non-Point Source funding for road decommissioning activities to prevent almost 3,000 cubic yards from polluting waterways. Resolution 05-R-78 was assigned to the application.
Robert Goodwin moved and Florrine Super seconded to approve Resolution 05-R-78 authorizing submission of a supplemental grant to EPA for $47,504. 5 haa, 0 puuhara, 0 pupitihara.
Bob asked about the bamboo problems they are having in the Happy Camp area as it is invading the willows in several areas. Sandi states she hopes to slowly phase the Recycling program into a Noxious Weeds program as there are many invasive weeds in the area. Rick suggests they talk to Max Creasy and she can also research a way to eradicate the bamboo.
She states the West Branch Permit application continues to try to move forward and Alan is trying to see what he can do as it has hit a wall in the Forest Service Supervisor’s Office. She distributed some information regarding a PBS video and would like to discuss that with them at their next meeting. There is about 20 minutes ready and she will show the video at that meeting as well. She requested a Mid-Month Meeting and it was set for July 12, 2005 at 2:30 PM in Happy Camp.
She updated them on the progress of the IRMP and how it is moving along and where it will fit with everything. She wants to have Craig facilitate the meetings and have as few as possible to get the document very focused and specific and keep it as organized as possible.
She requested out of state travel for Sandi Tripp, Craig Tucker, Ron Reed, and Mike Polmateer to Scotland in July. There is grant funding (Panta Rhea) for two DNR staff. She would like to have two additional staff attend as well. Craig states that a couple of them will go early to get the media prepared for the arrival of the rest of the group. She has DNR funding (2110-07) available for the two additional staff.
Florence Conrad moved and Leeon Hillman seconded to approve travel to Scotland for Sandi Tripp, Craig Tucker, Ron Reed, and Michael Polmateer. 4 haa, 0 puuhara, 1 pupitihara (Roy Arwood).
Sandi states they are having issues in Orleans with their internet speed. Chris has a remedy to speed the internet with increased bandwidth. Currently they spend $2,300 per month for the connection. The request would be an additional $900 per month to increase the speed to IHS’ maximum speed. The other option is a direct line to SBC with a Virtual Private Network with IHS for only a $500 per month increase. Chris was asked to prepare a final proposal for them and a detail of where the funding will come from for the WEDNESDAY meeting.
Sandi states that she, Florence, and Bill met with several people regarding eleven Tribes that will be selected to use 20 million dollars to establish small businesses. They put together a letter to them telling them what they have and how they would like to develop KCDC. They have been selected to be one of the Tribes! She will update them at the meeting.
Robert Goodwin moved and Florence Conrad seconded to approve Sandi’s report. 5 haa, 0 puuhara, 0 pupitihara.
13) April Attebury, Tribal Court
No report submitted, away on travel. She will call into closed session.
14) Chris Kleeman, IT
Chris states that the contract with Mark Delaney needs to be terminated. They have a current contract with him and it runs them about $21,000 per year, mostly for RPMS support. It appears the contract expired in April and they were going to contact him to tell him it is not current. Chris suggests an hourly/fee for service rate be negotiated and they agree. He will contact him to discuss that.
Robert Goodwin moved and Leeon Hillman seconded to approve Chris’s report. 5 haa, 0 puuhara, 0 pupitihara.
15) Susan Gehr, Language
Written report submitted. She requested their feedback on the first chapter of the Dictionary to ensure it has the proper tone and reflects the correct information. They would like to have it emailed so they can mark it up that way.
Robert Goodwin moved and Florrine Super seconded to approve Susan’s report. 5 haa, 0 puuhara, 0 pupitihara.
16) Lisa Aubrey, LIAP
Lisa distributed her report for their review. She has no action items for them. She requested clarification regarding Tribal Members that owe money to the Tribe and the inability to assist them. The question is: can they deny services to a person if their spouse, in the same household, owes money to the Tribe? They will discuss it in closed session.
Florrine Super moved and Robert Goodwin seconded to approve Lisa’s report. 5 haa, 0 puuhara, 0 pupitihara.
17) Scott Quinn, NEPA/Land
Scott was present to distribute his report to the Council for their review. He gave them a land update and requested approval of three Resolutions.
Florence Conrad moved and Robert Goodwin seconded to approve Resolution 05-R-79 authorizing approval to enter into a MOU between the CA Fee-To Trust Consortium, BIA Pacific Regional Office, and KTOC. 5 haa, 0 puuhara, 0 pupitihara.
Robert Goodwin moved and Leeon Hillman seconded to approve Resolution 05-R-80 authorizing the reprogramming of TPA funds in the amount of $3,000 annually for the next three years for the purpose of funding the CA Fee-To Trust Program. 5 haa, 0 puuhara, 0 pupitihara.
He requested approval of a letter authorizing him to serve as the Tribal Representative for the CA Fee-To-Trust Consortium with Hector Garcia as the alternate.
Consensus: To appoint Scott Quinn as the representative with Hector Garcia as the alternate representative.
He updated them on the Yreka Hamblin property and presented a letter to be sent addressing several items on that property.
Robert Goodwin moved and Florrine Super seconded to approve Resolution 05-R-81 authorizing the Land Manager to open and close an escrow account for the conveyance of the Bunker Hill Property (APN: 016-240-190). 5 haa, 0 puuhara, 0 pupitihara.
He also updated them on the Humboldt County Tribal Transportation Commission and their progress. Currently all eight Tribes are involved and they have developed letterhead and requested a meeting with Spencer Clifton of the Humboldt County Association of Governments. They will move toward a formal group with Resolutions, designations, membership, and appointing representatives but they are just starting right now. Their goal is to address transportation issues for the eight Tribes.
Robert Goodwin moved and Roy Arwood seconded to approve Scott’s report. 5 haa, 0 puuhara, 0 pupitihara.
18) Jennifer Goodwin, Education
Written report only, away on travel.
Robert Goodwin moved and Florence Conrad seconded to approve Jennifer’s report. 5 haa, 0 puuhara, 0 pupitihara.
19) Larry Jordan, ED
Written report only, away on travel.
Robert Goodwin moved and Florrine Super seconded to approve Larry’s report. 5 haa, 0 puuhara, 0 pupitihara.
20) Toni McLane, Head Start
Written report only. She included the request for the stove, the Council requested procurement be presented on WEDNESDAY.
Florrine Super moved and Robert Goodwin seconded to approve Toni’s report. 5 haa, 0 puuhara, 0 pupitihara.
21) Fred Burcell, Maintenance/Automotive
Written report only.
Robert Goodwin moved and Roy Arwood seconded to approve Fred’s report. 5 haa, 0 puuhara, 0 pupitihara.
22) Erin Hillman, Administrative Programs/Compliance
Written report only, away on travel.
Robert Goodwin moved and Florrine Super seconded to approve Erin’s report. 5 haa, 0 puuhara, 0 pupitihara.
23) Thank You Note
A thank you note from Norman Goodwin was included thanking them for assistance with his travel to South Dakota to prepare for his college in the Fall.
24) Phone Vote
A phone vote was included for a request for assistance from a Tribal Member for $300 to assist with an emergency situation. Passed.
25) Rental Agreement with Healtherapy, Inc.
A renewal rental agreement was included for approval as it expired on May 31, 2005. They would like Laura and Erin to review the document and put on the agenda for WEDNESDAY.
26) Committee Reports
There was a brief update on the Reunion.
Closed Session from 10:16 PM to 12:30 AM
Robert Goodwin moved and Florence Conrad seconded to approve Resolution 05-R-77 enrolling nine members. 5 haa, 0 puuhara, 0 pupitihara.
Robert Goodwin moved and Florence Conrad seconded to approve Resolution 05-R-75 authorizing designation of Tribal Representation in Cases 05-P-0147 and 05-P-0118 and Resolution 05-R-76 authorizing designation of Tribal Representation in Case SCCVPG-02-1287 at the recommendation of the ICWA Committee. 5 haa, 0 puuhara, 0 pupitihara.
Consensus: To table the loan request until Wednesday for Tribal Member #3909.
Consensus: To forward Tribal Member #3244’s request to Housing as it needs to be taken to them first.
Consensus: To contact Barbara Norman regarding request for legal assistance from Tribal Member #1015.
Consensus: To table the loan request until Wednesday for Tribal Member #1019.
Florence Conrad excused herself from the meeting.
Consensus: Leaf will speak to Fred tomorrow regarding personnel situation and report back on Wednesday.
Florence Conrad returned to the meeting.
Florrine Super excused herself from the meeting and then returned.
Consensus: To gather further information regarding Tribal Member #3047’s request and do a phone vote tomorrow morning.
Florence Conrad moved and Leeon Hillman seconded to hire Cheyenne Davis and pass the $4,000 Ford Family Foundation grant through to KCDC for administration. The funding for Indirect will be up to $1,000 from April’s Program and Discretionary. 3 haa, 2 puuhara (Robert Goodwin and Roy Arwood), 0 pupitihara.
Consensus: When a household member has outstanding debt, another individual in the home cannot receive services if they are legally married.
Consensus: To allow Tribal Member #1090 to reduce his payments to $125 per pay period.
Consensus: To gather further information regarding Tribal Member #2693’s request for assistance and od a phone vote Monday if needed.
Leeon Hillman moved and Roy Arwood seconded to pay $58.71 from Third Party or Discretionary if that is not allowed. 5 haa, 0 puuhara, 0 pupitihara.
Florence Conrad moved and Florrine Super seconded to approve Contract 05-C-058 with Leo Carpenter, Jr. for $58,000 through June 30, 2006. 5 haa, 0 puuhara, 0 pupitihara.
Directive: For Fred to have someone do the weed-eating behind the Building Center ASAP.
Roy Arwood moved and Florence Conrad seconded to reimburse Craig Tucker for moving expenses up to $2,000 once receipts are submitted. 5 haa, 0 puuhara, 0 pupitihara.
Next Meeting Date: July 28, 2005 at 5 PM in Yreka.
Meeting adjourned at 12:35 AM.
Yootva,
___________________________
Leaf Hillman, Vice Chairman
Recording Secretary, Sara Spence