Karuk Tribe of California

Council Meeting Minutes

April 26, 2007

Yreka, California

 

Ayukii,

 

The meeting was called to order at 5:02 PM by Leaf Hillman, Vice Chairman.

 

Leaf blessed the meeting with an opening prayer.

 

The preamble to the Constitution was read aloud by Robert Goodwin, Member.

 

Roll Call

Present

Arch Super, Chairman – late, excused, traveling

Leaf Hillman, Vice Chairman

Leeon Hillman, Treasurer

Roy Arwood, Member

Florence Conrad, Member

Sonny Davis, Member

Robert Goodwin, Member

Alvis Johnson, Member

 

Absent

Florrine Super, Secretary – excused, on leave

 

Quorum is established.

 

Approval of the Agenda for April 26, 2007

 

Robert Goodwin moved and Leeon Hillman seconded to approve the Agenda with changes for April 26, 2007.  6 haa, 0 puuhara, 0 pupitihara.

 

1)  Approval of the Minutes for March 22, 2007

 

Florence Conrad moved and Alvis Johnson seconded to approve the Minutes for March 22, 2007.  6 haa, 0 puuhara, 0 pupitihara.

 

2)  Joe Schuler, Tribal Member

Not present.

 

3)  Old Business

None at this time.

 

4)  Scott Quinn, Land/Transportation

Scott states his computer was down so he did not have a written report this month; he was also on emergency leave.  He gave a brief overview of what he was involved in over the past month.

 

Scott requested approval of Resolution 07-R-058 granting a 50 foot right of way to the BIA for the purposes of construction and maintenance on the recently approved roads; Anavkaam Street, Ishpuuk Road, Jacobs Ranch Road, Placer Drive, Pyrite Drive, Shivshaneen Way, and Xunyeep Court.

 

Leeon Hillman moved and Alvis Johnson seconded to approve Resolution 07-R-058.  6 haa, 0 puuhara, 0 pupitihara.

 

He continues to work on the possibility of KTNET access for the Orleans communities and has found out that the Stage is looking for a Class B driver to do the route from Happy Camp to Yreka and it could be based in Happy Camp if needed.

 

Leaf states there was a question regarding the fee-to-trust application for the Tebbe property and if it has been submitted yet.  Scott states that he cannot submit the package until they decide what they will use the property for.  The next Planning Meeting will be May 16, 2007 as there will not be a quorum next Wednesday.  They can discuss this then.

 

Bob asked if Scott could resend the list of fee to trust applications to him as he did not receive it.

 

Leeon Hillman moved and Roy Arwood seconded to approve Scott’s report.  6 haa, 0 puuhara, 0 pupitihara.

 

5)  Sandi Tripp, DNR

Sandi was present to review her written report with Council.

 

Her first item is a list that she received from an Orleans resident for funding being held by the Office of Special Trustee for Tribal Members.  She suggests that the Enrollment Office review this list and contact those they have information for so that they are aware of this possible money.

 

Her next item is a land use agreement that she has been working on for a GPS unit that will be permanently constructed at Ishkayish Ranch in Happy Camp.  It will be a system to monitor ground shifts caused by earthquakes and slow fault slips that occur between earthquakes.  A land use fee will be paid to the Tribe in the amount of $3,500 and the land use agreement will be valid through 2018.  It is right next to the air quality station that is in place and Fred has reviewed the proposed location.  Agreement Number 07-A-010 was assigned.  Council can decide how that fee would be deposited.

 

The next item she distributed is a request for approval of a funding proposal in the amount of $25,000 from the Patagonia Foundation to further fund the Bring the Salmon Home Campaign.  Resolution 07-R-060 was assigned to the proposal.  Laura and Erin have both reviewed the document.

 

Florence Conrad moved and Roy Arwood seconded to approve Resolution 07-R-060.  6 haa, 0 puuhara, 0 pupitihara.

 

Florence Conrad moved and Robert Goodwin seconded to approve Agreement 07-A-010 with UNAVCO, Inc..  6 haa, 0 puuhara, 0 pupitihara.

 

Arch Super arrived at 5:28 PM.

 

Her next item is informational regarding an energy assessment that was done at the Orleans complex and there were many areas identified that power usage could be reduced to lower their utility costs and be more environmentally friendly.  She distributed copies to the Council for review.  Erin requested that she forward that information to Sara so that it can be included in the conversation to revise the Facilities Maintenance Policies at the Management Team Meeting next month.  She states she will do that.

 

Her next item is approval of a funding proposal with Oregon State University in the amount of $5,000 to continue water quality sampling studies.  Resolution 07-R-053 was assigned to this proposal.

 

Robert Goodwin moved and Leeon Hillman seconded to approve Resolution 07-R-053.  7 haa, 0 puuhara, 0 pupitihara.

 

She requested approval of the FY 2007 BOR AFA in the amount of $426,696 to continue funding the upcoming fisheries projects.  Toz negotiated the amount and designed the projects for this year.  Resolution 07-R-051 was assigned to the proposal.  It has to sit in Congress for review for 90 days before authorization.

 

Florence Conrad moved and Alvis Johnson seconded to approve Resolution 07-R-051.  7 haa, 0 puuhara, 0 pupitihara.

 

She requested approval of a Contract Modification to Contract 07-C-011 with Biostream Environmental to extend the end date through October 30, 2007.

 

Robert Goodwin moved and Florence Conrad seconded to approve Addendum #1 to Contract 07-C-011.  7 haa, 0 puuhara, 0 pupitihara.

 

She requested another extension to Contract 07-C-015 with Oregon State University through September 30, 2007.

 

Robert Goodwin moved and Alvis Johnson seconded to approve Addendum #1 to Contract 07-C-015.  7 haa, 0 puuhara, 0 pupitihara.

 

She requested approval of a funding proposal with USFWS for $10,000 to fund the costs incurred with the FERC re-licensing and will be used for travel related to those meetings.  Resolution 07-R-054 was assigned.  They did not request this funding, it was offered by USFWS to help them with their efforts.

 

Robert Goodwin moved and Leeon Hillman seconded to approve Resolution 07-R-054.  7 haa, 0 puuhara, 0 pupitihara.

 

She states she has one closed session item and will speak to them then.

 

Leeon Hillman moved and Alvis Johnson seconded to approve Sandi’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

6)  Susan Gehr, Language

Susan was present to review her written report with the Council.

 

She announced that there will be a Memorial Service for William Bright in Orleans on Saturday, May 19, 2007 at 12 PM to honor him which will be followed by burial in the Orleans Community Cemetery.  He was instrumental in revitalization and continuation of the Karuk Language and passed away in October.  He was the first Honorary Karuk Tribal Member.

 

She has one action item which is out of state travel for herself to attend the Stabilizing Indigenous Languages Symposium, June 1-4, 2007 in Mt. Peasant, Michigan.  Funding is allowed in the ANA Grant as a required activity.

 

Florence Conrad moved and Alvis Johnson seconded to approve out of state travel for Susan Gehr to Mt. Pleasant, Michigan in June.  7 haa, 0 puuhara, 0 pupitihara.

 

The Language Restoration Committee plans to meet on May 18, 2007 in Orleans and will discuss the possible return of the Adelaide materials.  She will distribute additional information to them regarding this when she has more information.

 

She thanked Leaf and Erin for meeting with Cal-Trans regarding the Indian Creek issues near her home in Happy Camp.  The repair work done is now starting to wash out the bank below her home and if they repair her section it will then affect the next home down so there must be some sort of broader plan to repair the bank of that creek.

 

Robert Goodwin moved and Florence Conrad seconded to approve Susan’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

The phrase of the month is teehóotaha – You’re late.

 

7)  Laura Mayton, CFO

Laura states that she does not have any action items to add to her written report.  She can answer any questions they may have.

 

They inquired about the TANF numbers.  Laura states that they continue to negotiate with the State and have requested that they send the Tribe something in writing.  They are having trouble at this time because the State does not want to authorize a number that is realistic.  If they cannot negotiate with the State, it has to be approved by the Federal Government.  Dion will report further on this.  Leaf asked if internally they have a number that they have set as a goal for themselves to trigger seeking Federal approval.  Laura states that in closed session they can advise what the State number and the Tribal numbers are so that the Council can set the amount they are willing to negotiate down to or where they want Federal intervention.  Dion and Daniel will be speaking with Federal representatives in Albuquerque to find out more information.

 

Robert Goodwin moved and Leeon Hillman seconded to approve Laura’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

8)  Lisa Aubrey, LIAP

Lisa was present to distribute her written report to the Council.  She states she has no action items and will answer any questions or concerns they may have.

 

Connie Frazier asked if she has a list of categories of what her program can provide assistance with.  She states that yes, it is included on the cover sheet of the application.  If they ever have any questions they can call her and she can go into more detail with them.  She will mail them an application.  She states she still has energy assistance funding for anyone who is qualified to apply for that assistance.  There is a maximum annual amount so they may be eligible for assistance more than once throughout the year.

 

Robert Goodwin moved and Alvis Johnson seconded to approve Lisa’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

Arch Super assumed chairing the meeting.

 

9)  Dion Wood, TERO

Dion was present to review his written report with the Council.  He states that they are at a point where they need to move forward with their TANF numbers and that negotiation.  He explained to the group what the TANF negotiations are and what the results may be.  They are potentially ready to assume operations of the County welfare program for the Tribal families.

 

There was an inquiry if the Tribe has a program for the Elders.  He states there is an existing program and they can tie TANF in with that.  He hopes to have the program implemented in August.

 

Arch states that in the past Council Members have participated in meetings such as this to help things move along and wonders if that would help in this situation.  Dion states that it does help to have Council Members at those negotiations because outsiders see Council Members at a higher level and listen to them more.

 

Leaf advised Dion of their earlier discussion regarding the Council discussing the numbers with him and Laura so that they are aware and can establish the lowest they would be willing to accept and at what level they would want the Federal officials involved.  He agrees and feels that would be a very important discussion.

 

Laura states that they have accepted all of the BIA Census data except for the poverty level percentage that they are trying to use US Census data for which results in a deflated amount so the argument is if they will accept BIA Census data for everything else, they should use the poverty level from the BIA Census data as well.

 

Dion states the final allocation has been received for the Childcare Program for a total of $99,688 for this fiscal year.  He states he will resubmit for the next two years of funding in July and would like to look at raising the rates that are paid and adjusting the poverty levels according to Tribal data so that they can serve more clients at that time.  Dion states that he solicits public input each year for this grant before it is submitted.  He states that collaboration with TANF and Head Start is also a requirement for this grant application and Childcare Plan so he will be working on that.

 

He states the California Tribal TANF programs are trying to figure everything out because Childcare and TANF have been grouped together in Washington, DC and this will be discussed at the upcoming meeting.

 

He states that there are many TERO conferences annually because there are national, state, and regional conferences.  He states that he would like to speak to them regarding all of these for the next year for himself and TERO Commissioners for the next year at a Wednesday meeting, May 16, 2007 is the next date.  The conferences will be coming up very soon and throughout the Summer.

 

He states the CalTrans issue continues where they see TERO as an affirmative action/racial issue not as a government to government agreement.  There will be a meeting on May 14, 2007 and Hector Garcia and Scott Quinn plan to attend this meeting to explain what this means to Tribes and provide comments.

 

He states the TERO Program has established their Summer Youth Program for this Summer and plan to hire 12 youth at 100 hours each (two groups of six working three weeks each) during the summer.  The positions will be posted May 14, 2007 with a closing date of May 21, 2007 and interviews at the end of May so that work can start on June 18, 2007.

 

His last item is the Tribal Reunion and the TERO Commission has approved raffling several items as well as running the Dunk Tank at the Reunion.  He will be working with the Family Resource Center on youth activities at the event as well.

 

Robert Goodwin moved and Leaf Hillman seconded to approve Dion’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

10)  Jennifer Goodwin, Education

Jennifer distributed her written report to the Council.

 

They reported on the Basketweaver’s Gathering.  She personally thanked Robert N. Goodwin, Robert A. Goodwin, Verna Reece, Amber Ariza, Junalynn Ward, Gabriel Ward, Phil Albers Jr., Cecilia Arwood, Blanche Keller, and Missy Moore for all of their help.

 

She requested approval of the letter to the US Department of Education to be submitted as the formal complaint against the Klamath-Trinity Joint Unified School District and permission to pursue with the complaint process.  She provided an update to the audience on this issue and what was discussed at the previous Council Meeting. 

 

At the meeting it was related that “everything would become clear to them why they did what they did once they knew where the program was going” this statement should have sparked consultation with the Tribe because they are required to consult with the Tribe(s) when making a change to the program.  This indicates that planning has been done and a decision has been made without any consultation with others.  She will make those changes and email it to the Council and Stephanie Dolan before it is sent.

 

She states there is funding available for tutoring services and rent vouchers and she has applications with her for anyone who is interested.  It is an income based program.

 

The Indian Club Trip is scheduled for May 17-20, 2007 to take tours of two colleges and visit Six Flags Marine World.

 

She states that there is a program called Summer Rez where high school students can go down and stay on campus June 24-27, 2007 with all expenses covered except travel to Sacramento for Native Students.  There is another one at University of Irvine as well.  She can give them applications if they are interested.

Roy Arwood moved and Leeon Hillman seconded to approve Jennifer’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

11)  Rick Hill/Hester Dillon, Grant Writers

Written report only, not present.  Hester is working on the HRSA Grant so that it is ready for submission on time.

 

Florence Conrad moved and Leaf Hillman seconded to approve Hester and Rick’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

Robert asked that Rick get a note of thanks for his hard/last minute work to submit a proposal to Dianne Feinstein.

 

12)  Erin Hillman, Administrative Programs/Compliance

Erin states that she received an email from Rick that the Fall Basketweaver’s Gathering has been funded.  She states that while gathering on the River in the boat, Allie Hostler from the Hoopa Voice and News From Native California went along with them and will be doing an article on the gathering.

 

She continues reporting on her attendance at the meetings regarding emergency preparedness and the Hazard Mitigation Plan and Disaster Planning for the Tribe.  The next meeting will be May 10, 2007 to meet with the County.  Her prediction is that all programs will have to develop business operations plans so they are ready in the event of a disaster.  She has distributed information to Martha and Dr. Burns regarding training that will be necessary for this process as well.

 

The HUD ICDBG Planning Grant continues.  The cost estimate was received from Joan Briggs and the Facilities Operations and Maintenance Policy is being revised as part of this process.  The Orleans ICDBG project continues to move forward as does the Yreka ICDBG project which is on target.  The goal is for the building to be done in November.

 

Florence Conrad moved and Leaf Hillman seconded to approve Erin’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

Leaf thanked Erin for all of her hard work on both the disaster preparedness and the basketweaver’s gathering.

 

Arch authorized a phone vote for next week for the HRSA Grant for five years of continuation funding in the amount of 3 million dollars.

 

13)  Sami Difuntorum, Housing

Ann Escobar, the newly hired Operations Manager was present to review Sami’s report that was distributed is it was not included in the packets on accident.

 

The meeting scheduled for May 1, 2007 needs to be rescheduled because there will not be a quorum.  May 9, 2007 was proposed which is a Wednesday at 10 AM in Happy Camp.

 

Laura states that she is working with Sami on the agreement for using the Headway Building and will bring that to them when it is ready for approval.

 

Leeon Hillman moved and Florence Conrad seconded to approve Sami’s report.  5 haa, 0 puuhara, 2 pupitihara (Roy Arwood and Alvis Johnson).

 

14)  Jim Berry, KCDC

Written report only, not present.

 

Leaf Hillman moved and Alvis Johnson seconded to approve Jim’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

15)  Hector Garcia, Self Governance

His written report was included in the packets and Hector was present to answer questions.  He states he does not having anything to add.  He reviewed the contents of his report and what he has been working on for the Tribe.

He states the non-gaming funding and its distribution is currently in discussion again and Laura suggests forwarding their information regarding what they use that non-gaming distribution for and how important it is to the Tribe again to advocate for continuing the funding.

 

He states with the recent travel problems, he did not attend the CNIGA meeting.  Arch states that CNIGA is in support of taking this issue to the legislative meeting and they are supposed to be contacted regarding that.  Roy states he was in town and could have attended the meeting but was told nothing was going on.

 

There were questions from the audience regarding the non-gaming distributions and how they are spent and why they don’t pay it to the Tribal Members.  Laura states that they use the funding to support Tribal programs and meet the deficits.  There are over nearly 3,500 Tribal Member so if it were distributed it would be a very small amount per person.

 

The fact that the gaming Tribes contributing don’t advocate for the Tribes at the State level is the problem; they don’t care where the funding goes and the non-gaming Tribes have to advocate for themselves so that the funding is not taken away by the State.  The gaming Tribes feel that when they pay their money to the State, they feel their obligation is over and don’t advocate for what is right.

 

Discussion followed regarding the non-gaming distribution and what the Tribe uses that for and what they have done to show appreciation to those Tribes that pay into the fund; newsletter articles have also been written regarding what the funds have been spent on several times.

 

There is a Self Governance Planning Session scheduled for May 22, 2007 at 1 PM following an 11 AM meeting with Tom Luebben to discuss Fishing Rights for the Tribe.

 

Hector states that BIA is taking the position currently that they will no longer take land into Trust so he must work on that and Council Members must be involved to ensure that land continues to be taken into Trust.

 

Hector feels that it is not necessary to attend the meeting in Arcata regarding the CalTrans issue but they should contact an official that can do something about the situation and coordinate a meeting between the Tribes over the telephone to discuss this.

 

Florence Conrad moved and Leaf Hillman seconded to approve Hector’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

16)  April Attebury, Tribal Court

April submitted a written report and Judge Henry was present to address the Council along with Kayla Super.  He introduced her to the audience.  She started three weeks ago and has been working very close with April and the Judge and is doing an excellent job so far.

 

He updated them on meetings that he has attended recently on behalf of the Tribal Court.  He states Smith River Rancheria will be having an Open House tomorrow night to kick off their Tribal Court and all Tribal Council Members, State Judges, and Tribal Judges have been invited.  It will be held from 5-7 PM at the Community Center across the street from the Casino in Smith River.

 

April states that she also wanted to update them on the CASA Program.  They have received the laptop that was approved but they have not received the software as of yet.  She states that their Finance Department is still working on their $10,000 contract at this time.

 

Leeon Hillman moved and Robert Goodwin seconded to approve April’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

17)  Davey Davis, Maintenance

Written report only, not present.

 

Roy Arwood moved and Florence Conrad seconded to approve Davey’s report.  7 haa, 0 puuhara, 0 pupitihara.

18)  Fred Burcell, Construction/Automotive

Written report only, not present.

 

Florence Conrad moved and Robert Goodwin seconded to approve Fred’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

19)  Sara Spence, Human Resources

Her written report was included and distributed to those who did not have a copy.  There are no action items.

 

Robert Goodwin moved and Florence Conrad seconded to approve Sara’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

20)  Requests

None at this time.

 

21)  Phone Votes

a)  Request approval for Arch Super to travel to San Diego, CA for CNIGA Meeting April 19, 2007.  Passed.

b)  Request approval for Michael Thom to attend EDA-CEDS training May 23-24, 2007 in Sacramento, CA.  Passed.

c)  Request approval for procurement with Larry Alameda in the amount of $1,400 to install gutters at the two residences in Somes Bar.  Passed.

d)  Request approval for Resolution 07-R-048 authorizing Scott Quinn to sign applications and accept terms of applications in relation to the Karuk Tribe’s parking permit request with the City of Yreka.  Passed.

e)  Request approval for Dion Wood, Daniel Pratt, and Laura Mayton to travel to Sacramento, CA April 2, 2007.  Passed.

f)  Request approval for Resolution 07-R-046 authorizing the acceptance of Contract Number 07F-4829 with the Department of Community Services and Development in the amount of $30,000.  Passed.

g)  Request approval to purchase wire from Grover’s Electric for the new modular building in the amount of $2,176.20.  Passed.

 

22)  Informational

None at this time.

 

23)  Committee Reports

None at this time.

 

Closed Session from 8:36 PM to 10:50 PM

 

Robert Goodwin moved and Alvis Johnson seconded to approve Resolution 07-R-055 enrolling eight new members.  7 haa, 0 puuhara, 0 pupitihara.

 

Salary and Fringe funding is needed by DNR for Employees #5541 and #4315.  The deficit is currently $82,554.59 for both positions.  There is the possibility of negotiation/litigation funding through BIA but it has not been authorized by Congress but a proposal was requested; the Tribe received $40,000 last year which could offset this amount.

 

Leaf Hillman moved and Robert Goodwin seconded to authorize $82,554.59 to fund these two positions.  7 haa, 0 puuhara, 0 pupitihara.

 

Consensus:  To request a stay of the eviction pending for Tribal Member #3199 pending a review of additional information on May 30, 2007.

 

Leeon Hillman excused himself at 8:43 PM.

 

Robert Goodwin moved and Leaf Hillman seconded to cover the DNA testing expense from discretionary for ICWA Case and obtain necessary Court Order to remove the child from the home until guardian is deemed fit.  6 haa, 0 puuhara, 0 pupitihara.

 

Consensus:  To reinstate Tribal Member #998’s privileges in Karuk Tribal Health Clinics.  Staff and providers shall be advised that patient is to be afforded the same respect as any other patient with no negative treatment based on past issues.

 

Consensus:  To not authorize Barbara Norman’s services for Tribal Member #3223.

 

Consensus:  Tribal Member #3222 needs to speak to the Housing Committee regarding his issues.

 

Leaf Hillman moved and Robert Goodwin seconded to approve $300 from Third Party for medical expenses for Tribal Member #3788.  6 haa, 0 puuhara, 0 pupitihara.

 

Robert Goodwin moved and Leaf Hillman seconded to uphold the Managed Care denial and approve $349.23 for CHS Case #177 from Third Party.  6 haa , 0 puuhara, 0 pupitihara.

 

Consensus:  To table CHS Case #176 until the Health Board for more information.

 

Robert Goodwin moved and Roy Arwood seconded to accept the Housing Committee’s recommendation and approve appointment of Alvis Johnson, Sheila Robinson, and Charlene Naef to the Housing Committee.  4 haa, 0 puuhara, 2 pupitihara (Alvis Johnson and Leaf Hillman).

 

Robert Goodwin moved and Alvis Johnson seconded to approve a $250 to NICWA.  6 haa, 0 puuhara, 0 pupitihara.

 

Consensus:  Melodee Conrad will provide transportation for Tribal Member #3176 to the Reunion.

 

Consensus:  To offer Elder/Full Blood transportation assistance and then bring back the list of needs to the Council for review and possible approval.

 

Next Meeting Date:  May 24, 2007 at 5 PM in Orleans.

 

Meeting adjourned at 10:55 PM.

 

Yootva,

 

 

___________________________

Arch Super, Chairman

 

Recording Secretary, Sara Spence