Karuk Tribe

Council Meeting Minutes

December 18, 2008

Happy Camp, California

 

The meeting was called to order at 2:14 PM by Leeon Hillman, Treasurer.

 

Roll Call

Arch Super, Chairman – via telephone

Florrine Super, Secretary – via telephone

Leeon Hillman, Treasurer

Florence Conrad, Member – arrived at 2:33 pm

Roy Arwood, Member

Robert Goodwin, Member

Alvis Johnson, Member – via telephone

Verna Reece, Member

 

Absent

Leaf Hillman, Vice Chairman – excused

 

Approval of the Agenda for December 18, 2008

 

Robert Goodwin moved and Verna Reece seconded to approve the Agenda for December 18, 2008.  6 haa, 0 puuhara, 0 pupitihara.

 

Approval of the Minutes for November 20, 2008

 

Robert Goodwin moved and Verna Reece seconded to approve the Minutes for November 20, 2008.  6 haa, 0 puuhara, 0 pupitihara.

 

Closed Session from 2:18 pm to 2:39 pm.

 

Florence Conrad arrived at 2:33 PM.

 

1)  Chuck Sutcliffe

Chuck is present to address the Council and request permission to be able to cut some of the madrone at the Ranch to use for firewood; Fred forwarded him to the Tribal Council for permission.  Bob states their intention was to distribute the wood through the LIAP Program for the low income community members.  The Tribal Council would like to keep the wood at the Ranch for distribution through that program.

 

There was a brief discussion regarding who would be in charge of ensuring the wood is distributed and does not go to waste. They need to work with Robert Attebery on that.

 

Chuck also states that someone stole Sue Hillman’s wood from her driveway a couple of weeks ago and he wondered if the Tribe could help with that; he states that the Church delivered her a load of wood to her home and Leeon thanked them for that.

 

2)  Scott Quinn

Scott is present to distribute several items for their discussion; there is an MOA and a BIA Lease; BIA is requesting changes and he has sent it back to them and it will not be ready for approval until next month.  The only item ready for approval is the MOA to enter into the Lease.  The MOA is between the Karuk Tribe and the Klamath Siskiyou Art Center.  Laura has not signed off on the cover sheet and wants to speak to them first.

 

They would be leasing the land to them for 25 years and there is assurance in the document that if they uphold their end of the lease for the term, then it would be renewed as they need assurance that their occupancy there is long term and secure so that they can obtain financial support from a bank.

 

Bob feels that assurance that at least one voting Council Member will be allowed to sit on the Arts Council Board should be included in the Lease as an assurance that they have participation in their governing body actions.

 

Laura was called in to discuss her concerns with the agreement.  She states that she wanted to reiterate the ramifications of obligating that land to them for 25 years which will limit their possibilities for use of that land.  They cannot exit out of the lease without purchasing the building that is constructed which could be a substantial amount of money.

 

Another thought Laura had was for them to construct their facility on the land downtown where the community park is being located at this time for another location.  They feel that is too small for what they want the facility to be.  The other property in town is too expensive.

 

Bob does not believe that having this facility will hurt them as long as they still have a say in what goes on at the property.  Bob clarified how the in-kind in exchange for the lease payments would work for the Tribe.  Laura states the in-kind value would likely be the fair market value that they can use from the Tribe as leverage to assist them with seeking grant funds.

 

The hope is that the agreement helps both sides, they have to consider the fact that there may be differences which arise as membership or leadership of the Arts Center evolves over time during a lease that is agreed to for this extended period of time.  They hope that both sides and the community realize benefits from this agreement and the facility.

 

Alan Crocket and Mike Hentz were present on behalf of the Klamath Siskiyou Art Center to present a site plan that was developed by Katy for the Art Center that he is excited to share with them.  They are preliminary and just recently saw them.

 

The aspects included in the site plan are a ceramic/sculpture studio, residences, digital media/photography center, children’s work area, café/kitchen, gallery/bookstore/administration space, conference/banquet/library/performance movement arts center, shared cabins, courtyard and outdoor seating area, sculpture garden and outdoor classroom, teaching meadow, herb garden, native plant gardens, kitchen gardens, parking and a second phase including additional artists cabins.

 

Scott presented them with a copy of the most current MOA for their consideration; he will be requesting Tribal Council approval of that document.  Alan states they are very happy with the agreement and how it is worded and how solid it makes the agreement.  He sees what a great potential this activity has for the community and the area for everyone; he is very excited to see it happen and how the collaboration can work.

 

Bob asked if Katy had submitted any conceptual drawings to them about what the buildings would look like.  Mike states that they have been very cautious with expenditures of their architectural dollars to spend them as wisely as she can; until they had a site and solid agreement, she has not moved into that phase of design.

 

There was discussion regarding the small cabins and what those will look like and what types of lodging will be available.  Some are very simple, small only accessible by foot-trails.  The others are nicer accommodations for artist and performers who stay at the facility and the rental fees will be commensurate with each of the types of lodging.  Scott states it is similar to the cabins at Sandy Bar Ranch for those who visit and come there for presentations/workshops/etc.  The cabins would be building projects to learn how to build a round-wood facility while constructing a piece of the facility and gathering the materials by thinning the forest above that site as well.

 

The Board has not had a full discussion on these site plans and there are things missing that will need to be changed on the plan.

 

Alvis suggests that Scott talk to Dion about if they need to enact a Commercial Business Ordinance for the Tribe prior to beginning this relationship.  Laura asked if this will be a commercial business or a non-profit.  It is better to look into it first before getting too far into it.  Mike states that there are many things that need to be done and hoops they must go through to make this a reality but this is an excellent first step in the right direction.

 

Laura states that this is a very generous of the Tribe and in the past the Council has always been very generous and at the time groups are very nice and appreciative at the time but then down the road, they are not as agreeable.  She hopes that in the future everyone is still as happy as they are now and that everyone continues to work together.  Alan states that he hopes they will be happier in the future and that the open communication continues.

 

Agreement number 09-M-009 has been assigned to the MOA agreeing that they will enter into the BIA Lease once that document is finalized.  It includes some additional items that cannot be included in the Business Lease.  Laura asked if since this agreement will continue on for such an extended time period they should have an attorney review the document to make sure they get what they want out of it.  Bob feels that attorney review is not necessary; they should be able to word it to include everything they want such as being able to use the facility for gatherings such as Tribal events for basket-weaving and cultural demonstrations.  Currently it only says they will be able to use it for the same reasons as other community members.

 

One governing ability they have is that they will adhere to all Ordinances enacted by the Tribe which can cover everything from noise to occupancy.  Bob feels that having a Council Member on their Board will continue to allow them to have input as well.

 

Roy suggests a Press Release when the lease is finalized to ensure the community knows the Tribe is supportive of the project.

 

There needs to be language in the BIA Lease that if they dis-band the organization it reverts to the Tribe as well as if they wanted to sell it must go to the Tribe because of the Trust status of the land.

 

Roy Arwood moved and Florence Conrad seconded to approve MOU 09-M-009 with the Klamath Siskiyou Arts Center.  7 haa, 0 puuhara, 0 pupitihara.

 

Scott’s next item is the Residential Lease for the Ranch with Tribal Member #1861.  It was not included with his report; he made copies.  The number assigned to the lease is 09-RL-01.  Erin and Laura have signed off and all concerns have been addressed in the document.  Bob asked if the land is specifically described with GPS points to designate the location.  Resolution 08-R-137 has been assigned; they would like to reduce the size to ¼ acre rather than 2 acres.  He has the coordinates specifically indicated and will make the adjustments.  Bob suggests a ½ acre.

Florence Conrad moved to reduce the size to ¼ acre.  Motion died for lack of second.

 

Roy Arwood moved and Robert Goodwin seconded to approve Resolution 08-R-137 authorizing Residential Lease 09-RL-01 for ½ acre at the Ranch.  6 haa, 0 puuhara, 1 pupitihara (Florence Conrad).

 

He has one more item which is a request to approve Agreement 09-A-005 with the Humboldt County Association of Governments (HCAOG) in the amount of $25,000 to authorize a third party agreement to allow for funds to be made available for project study reports associated with proposed projects related to realignment and shoulder expansion projects on Red Cap Road in Orleans.  Erin and Laura have signed off on the agreement.

 

Robert Goodwin moved  and Alvis Johnson seconded to approve Agreement 09-A-005.  7 haa, 0 puuhara, 0 pupitihara.

 

Scott states there is a Caltrans Auction on 1/10/2009 and he thinks he may be able to get a loader for $15,000 to $20,000 and it could come from Ishpook Leasing if it were that low of an amount.  Leeon states he needs to advertise that they are selling the rock by the yard to the public.

 

Bob states they need to have a different process for rock that is being delivered so that the customer does not have to drive out to the Ranch with their ticket; it is suggested that Pam could call the Ranch and tell them how much is supposed to be delivered and where they need to take it.

 

Scott would like to go down to the auction and have authorization for up to $20,000 to purchase a loader if he can get one.  The Maintenance Department wants to be involved in the purchase.  Fred or John would travel with him.  Roy wants to know about the government surplus; there is nothing that is worth pursuing Scott states.

 

Robert Goodwin moved and Roy Arwood seconded to authorize travel to Sacramento to purchase a loader up to $20,000 from Ishpook Leasing to be repaid with BIA Roads funds on January 10, 2009.  7 haa, 0 puuhara, 0 pupitihara.

 

3a)  Jim Berry

Written report only, no action items.

 

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

 

4)  Sami Difuntorum

Sami states that she has been working on the upcoming stimulus package which will be signed in January by Obama for energy projects.  She provided them an update on what is going on with that.  She distributed a copy of the memorandum regarding physical infrastructure and the proposed federal stimulus package for their review.  It was drafted by Paul Moorehead to the National American Indian Housing Council.

 

Projects that will be funded must be NEPA ready with environmental work already done; you are only allowed 125 days to start work and the project must be finished within one year.  These will be competitive grants and the applicants will need to be ready to go.  Scott submitted a couple, Sami submitted some for Housing.  They do not want submissions from individual Tribes they need to be submitted through the process outlined.  Healthcare facilities may be a possibility and infrastructure projects as well.  Projects that will create jobs are their priority.

 

Sami states the expansion of the Happy Camp Complex is NEPA ready and could be submitted; rehabilitation on the Yreka Head Start Building, possibly the Happy Camp Parking Lot project.  Another possibility is retrofitting homes through the current NAHASDA funding formula which would be beneficial; 966 million would be authorized which is more than their base funding meaning the Tribe would be eligible for close to 1 or 2 million dollars in one time funds for Housing which would be wonderful for them.

 

Sami states that 9 of the 10 Tribes have signed onto the MOA for the Housing funding formula change.  She has forwarded information to them regarding what will happen if Siletz does not sign the agreement and the California Tribes de-link causing them to lose money under either scenario.  She hopes they agree to sign the MOA but has not heard back at this point.

 

5)  Robert Attebery

Robert is present to review his written report and let them know how he is settling into the office and getting organized in his new position.

 

There are three LIAP requests for their consideration totaling $544.01 as they have spent their December discretionary dollars from the Committee.  The LIAP Committee has done a phone vote to present this to the Council.

 

Consensus:  To deny both requests.

 

Verna Reece moved and Robert Goodwin seconded to approve Robert’s report.  7 haa, 0 puuhara, 0 pupitihara.

 

6)  Dion Wood

Dion is present to address the Council.

He states they are working toward updating their TERO Ordinance to preserve sovereignty and protect their workforce in the future so that there are Tribal laws for the staff not only policies.  He provided them drafts to review and then discuss in the future.  With their permission he would begin working with the TERO Commission to have a draft by January for the Council to review.

 

He had one seat available on the TERO Commission and received three letters; Dave Nelson has since resigned and so he is requesting permission to re-appoint Dolores Voyles and then select one of the other two individuals to fill Dave’s vacancy.  The TERO Commission recommends re-appointment of Dolores Voyles and Babbie Peterson.  Arch feels they should re-advertise for two more weeks to seek an Yreka individual for that vacant seat which Dave left since he lived in Yreka.  Dion would like to have Dolores re-appointed today and then re-advertise for an Yreka representative if the Council would like to do that.

 

Florence states they advertise and individuals should respond without being pushed to do it, she states that these people took the time to submit a letter without any prompting so they should vote based on these letters and not re-advertise.

 

Verna Reece moved and Florence Conrad seconded to appoint Dolores Voyles and Babbie Peterson to the TERO Commission.  4 haa, 2 puuhara (Arch Super, Florrine Super), 0 pupitihara.

 

Dion updated them on the remainder of the items in his report.  Another item is regarding the travel outlook for TERO and Childcare and remaining involved in advocacy for his program; there is at least one meeting each month.  He does not plan to attend them all.  He is requesting travel to Seattle next month; he encourages Council Members to attend these meetings as well.  Arch asked how the travel budget looks for the trip next month.  Dion states that his budget is OK; there is some discussion about using Childcare dollars for travel to DC for advocacy and differing opinions.  January 20-22, 2009 are the dates for the travel to Seattle.

 

Verna Reece moved and Robert Goodwin seconded to approve travel to Seattle, WA, January 20-22, 2009 for Dion Wood.  7 haa, 0 puuhara, 0 pupitihara.

 

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

 

7)  Ruth Rouvier

Ruth has three procurement requests for approval to fulfill her grant deliverables.  There will be five of each item purchased to be used by the Master/Apprentice teams including a laptop, video camera, and audio recorders.

 

The laptops are from Capitol Business Machines in the amount of $7,020; the video cameras are from B&H Photo Video Pro Audio in the amount of $1,995; and the audio recorders are from B&H Photo Video Pro Audio in the amount of $2,944.75.  All purchases are from the Language Program Grant.

 

Robert Goodwin moved and Florence Conrad seconded to approve the purchases.  7 haa, 0 puuhara, 0 pupitihara.

 

She has one more item which is that the deadline for the teams is tomorrow and she would like a Council Member to participate in the selection of the teams next week if possible on Tuesday, December 23, 2008 when Susan is in Happy Camp.  Alvis, Roy, and Arch will all be available.

 

Sara will email Council about that review on Tuesday once she gets a time from Ruth.

 

Verna Reece moved and Arch Super seconded to approve Ruth’s report.  4 haa, 0 puuhara, 0 pupitihara.

 

8)  Laura Mayton

Laura requested permission to close an account that has a balance of less than $25 and has for many years at Scott Valley Bank.  She needs two signatures on the closure authorization for the bank.

 

Consensus:  To close the inactive account at Scott Valley Bank and transfer the balance to the main account.

Another request is regarding the CATG conference call fees and coding them to discretionary.  Shouldn’t those be paid from the membership fees received from the group members?  The costs are nearly $150/call.  Arch states there is a meeting in January for the group; Roy states they will ask the group at that meeting.

 

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

 

9)  Hester Dillon

Hester has two action items.

 

The first is approval of a grant to the Cheney Foundation for the Yreka Head Start Center in the amount $55,990 with Resolution 08-R-118.

 

Robert Goodwin moved and Verna Reece seconded to approve Resolution 08-R-118.  7 haa, 0 puuhara, 0 pupitihara.

Her second action item is approval of an invoice for the radio attorney number 398-000 in the amount of $746.89; Verna asked for an update on the radio project and what that means and what their plans are.  Hester gave her a brief history of the application process and where they are at.

 

Robert Goodwin moved and Roy Arwood seconded to approve payment of the invoice.  6 haa, 1 puuhara (Florence Conrad), 0 pupitihara.

 

She also went over informational items that she has been working on as well.  One of them is average tuition costs for sending students to college; she distributed a spreadsheet with this information to them for review.  Florence states they should be looking for funding to support some students in college with full scholarships rather than a radio station; Arch agreed.

 

Another item is an annual summary for their review regarding grant applications submitted from May 2006 to Present and their status.

 

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

 

10)  Remaining Reports

Hector Garcia, Earl Crosby, Jennifer Goodwin, Erin Hillman, Dave Wrobleski, TJ Day, Fred Burcell, and Sara Spence’s written reports were all included in the packets.  They all contain no action items for approval tonight.

 

Robert Goodwin moved and Florence Conrad seconded to approve the remaining reports.  7 haa, 0 puuhara, 0 pupitihara.

 

Closed session from 5:37 pm to 6:45 pm.

 

Consensus:  Tribal Member #2257 was referred to Indian Health Service for assistance with septic and water assistance, including additional information regarding the need for a fast response.  They were also referred to Eddie Davenport to determine if refinance loans are a possibility through the Karuk Community Loan Fund.

 

Robert Goodwin moved and Florence Conrad seconded to authorize past travels for Employee #5541 to Washington, DC November 30-December 3, 2008 and October 28-31, 2008.  7 haa, 0 puuhara, 0 pupitihara.

 

Arch reminded Employee #5541 that all travel outside of California, Oregon, or Nevada requires authorization even if it is last minute, they can take care of it through phone votes and other means but it must be done to adhere to policy.

 

Robert Goodwin moved and  Florence Conrad seconded to approve Agreement 09-A-011:  Agreement for Confidentiality of Settlement Communications and Negotiations Protocol related to the Klamath Hydroelectric Project.  7 haa, 0 puuhara, 0 pupitihara.

 

Consensus:  For Arch and Leaf to become more involved in Self Governance matters until the position is filled.  Alvis states he will help as well if necessary.

 

Medical/dental assistance cases presented by Arch Super will be forwarded to CHS for handling through their process.

 

Consensus: For Robert Attebery to continue research on the request for assistance from Tribal Member #949.

 

Consensus: Not to compensate TANF employees for hours not worked due to being sent home early.

 

Consensus:  To deny the request from Tribal Member #2851 to utilize Tribal vehicle.

 

Robert Goodwin moved and Florence Conrad seconded to approve fuel purchase for Watershed Program from L & M Renner at the rate of $1.8032/gallon.  7 haa, 0 puuhara, 0 pupitihara.

 

Florence Conrad moved and Robert Goodwin seconded to approve Resolution 08-R-140 with changes for submission of a proposal to KRITFWC (Salmon Recovery FY08) in the amount of $126,250 for work completed October 1, 2008 through October 1, 2009.  7 haa, 0 puuhara, 0 pupitihara.

 

Florence Conrad moved and Arch Super seconded to authorize travel for Florrine Super and Roy Arwood to Sacramento, January 22, 2009 for CRIHB meeting.  5 haa, 0 puuhara, 0 pupitihara (Florrine Super, Roy Arwood).

 

14)  Requests

None at this time.

 

15)  Phone Votes

  1. Request approval of resolution 08-R-135 authorizing submission of a grant proposal to the EPA. Passed.
  2. Request approval of procurement and allow the purchase of a monitor from Cross Petroleum. Passed.
  3. Request approval to order blackberry cell phones for Executive Director and Program Development manager of TANF. Passed.
  4. Request approval to purchase desks for Happy Camp TANF office. Passed.
  5. Request approval to purchase computer for the Yreka, Happy Camp, and Orleans TANF offices. Passed.
  6. Request approval of resolution 08-R-128 authorizing ICW intervention. Passed.
  7. Request approval to purchase a cord of wood for family having funeral services. Passed.
  8. Request approval of resolution 08-R-134 to support a request of a feasibility study exploring the effectiveness of a unified school district in Happy Camp. Passed.
  9. Request approval of resolution 08-R-129 authorizing ICW intervention. Passed. 

 

16)  Informational

None at this time.

 

17)  Committee Reports

None at this time.

 

Next Meeting Date:  January 22, 2009 at 5PM in Orleans.

 

Meeting adjourned at: 6:46 PM.

 

Submitted by,

 

___________________________________

Leeon Hillman, Treasurer                                                     Recording Secretary, Sara Spence