OCTOBER 15, 2001
Smoke Signals 5
Wednesday, July 11, 2001
5:00 p.m. Meeting was called to order by Chair Kathryn Harrison.
Except for Ed Pearsall (excusedtravel status), a quorum was present.
Jan D. Reibach moved, Bob Haller seconded to approve the Tribal Coun
cil meeting minutes of June 27, 2001. Motion carried.
Reyn Leno moved, Ed Larsen seconded to approve the Tribal Council
meeting minutes of July 05, 2001. Motion carried.
TRIBAL GOVERNMENT, MANAGEMENT
& BUDGET COMMITTEE
D SMDC Use of Long Term Equity Fund. Reyn Leno moved, June
Sell-Sherer seconded to adopt Resolution No. 111-01 making up to
$500,000 of the Long Term Equity Fund available to Spirit Mountain De
velopment Corporation for its use as an additional capital contribution into
Grand Ronde Industries LLC. Discussion followed. Motion carried 7-0-0.
D Appointment of Interim Executive Officer. Jan D. Reibach moved,
Ed Larsen seconded to approve the appointment of Chris Leno as Acting
Executive Officer. Motion carried 7-0-0.
D Dan Kauffman Excavating, Inc. Contract Irrigation Pump
Station Replacement Project. Bob Haller moved, Reyn Leno seconded
to adopt Resolution No. 112-01 which
(1) approves an agreement with Dan Kauffman Excavating, Inc. for
construction of permanent in-stream intake and pump station facilities
in the amount of $40,957.73,
(2) approves a 10 contingency budget for the project of $4,042.27,
(3) directs that said funding of $45,000 be allocated from the Capital
Projects Budget, and
(4) is subject to full review by the Tribal Attorney's office of the agree
ment, authorizing the Executive Officer to finalize and execute the
agreement. Motion carried 7-0-0.
Amendment 1 to Amended and Restated Tribal-State Compact.
Reyn Leno moved, Ed Larsen seconded to adopt Resolution No. 113-01
authorizing the Chair, on behalf of the Tribe, to execute Amendment 1 to
the Amended and Restated Tribal-State Compact with the State of Or
egon; and, to request the Assistant Secretary-Indian Affairs review and
approve Amendment 1. Amendment 1 will, among other things, elimi
nate sports bookmaking, prohibit Internet gaming, increase the number
of VLT's, increase the maximum wagers on table games, modify the method
,for licensing Class III Gaming Contractors, and modify the method of com
puting OSP fees assessed to the Tribe. Discussion followed. Motion car
ried 7-0-0.
OTHER BUSINESS
R A Tribal member asked, if criteria existed for selection of Enrollment
Committee members. Discussion followed. Selection is guided by Tribal
Ordinance, however, per Kim D'Aquila, Assistant Tribal Attorney, there
is not specific requirement that Tribal Elders be given preference.
A Tribal Elder mentioned that an individual may serve on only one
committee at a time, provided, however, an individual may serve on the
Elder or Pow-wow Committee and one other committee at the same time
per the General Committee Ordinance.
Wednesday, July 25, 2001
5:00 p.m. Meeting was called to order by Chair Kathryn Harrison.
Except for Cheryle Kennedy (excusedillness), a quorum was present.
Reyn Leno moved, Bob Haller seconded to approve the Tribal Council
meeting minutes of July 11, 2001. Motion carried.
RESOURCES AND EDUCATION COMMITTEE
D Tribal Youth Program Grant Juvenile Justice & Delinquency
Prevention. June Sell-Sherer moved, Ed Larsen seconded to adopt Reso
lution No. 114-01 to authorize the submission of an application for a
Tribal Youth Program grant through the Office of Juvenile Justice for
Delinquency Prevention. Motion carried 7-0-0.
B Sheets Construction Inc. Contract Education Facility Build
ing Package. Ed Pearsall moved, Reyn Leno seconded to adopt Resolu
tion No. 115-01:
(1) approving an agreement with Sheets Construction Inc. for construc
tion of the Education Facility Building Package in the amount of
$4,414,810;
(2) providing a limited waiver of sovereign immunity to Sheets Con
struction Inc. which waives the Tribe's immunity only with respect to
matters arising out of the Tribe's construction contract with Sheets,
and to the arbitration of such matters and enforcement thereof in Tribal
Court;
(3) approving a 10 contingency budget for the project of $441,000;
(4) directing that said funding of $4,855,810 be allocated from the Capital
Projects Budget, and
(5) authorizing the Executive Officer, with full review of the Tribal
Attorney, to finalize and execute the agreement. Motion carried 7-0-0.
BUREAU OF LAND MANAGEMENT AGREEMENT
D Reyn Leno moved, Jan D. Reibach seconded to adopt Resolution No.
116-01:
(1) approving an agreement between the Tribe and the Bureau of Land
Management, to allow the Tribe to perform forest management services
on BLM land in the South Yamhill Basin in coordination with the Tribe's
management of the Grand Ronde Reservation, and
(2) authorizing the Council Chair, with the assistance of the Tribal At
torney, to finalize and execute such agreement. Motion carried 7-0-0.
WATER SYSTEM IMPROVEMENTS
SPIRIT MOUNTAIN CASINO
D Bob Haller moved, June Sell-Sherer seconded to adopt Resolution
No. 117-01:
(1) authorizing the Public Works Department to initiate planning for
water system improvements at Spirit Mountain Casino, as presented
by the Director of Public Works, including initiating discussions with
appropriate public and private entities;
(2) authorizing the commitment of not more than $75,000 from the
2001 Capital Improvements Budget for planning such water system
improvements;
(3) designating an additional $1,000,000 from the 2001 Capital Im
provements Budget as set aside for such water system improvements;
and
(4) authorizing the Tribal Chair, on behalf of the Tribe, to execute
agreements with design professions as she deems necessary and ap
propriate to carry out the planning of such improvements. Motion car
ried 7-0-0.
TRIBAL GOVERNMENT, MANAGEMENT
& BUDGET COMMITTEE
D Appointment Health Authority Board Members. June Sell-Sherer
moved, Ed Larsen seconded to adopt Resolution No. 118-01 which
(1) approves the reappointment of Merle Leno to a 3 year term expir
ing 73104,
(2) approves the appointment of Mary Brickell to a 3 year term expir
ing 73104, and
(3) approves the appointments of Patti Tom Martin and Nancy Renfrow
to a 3 year term to start on the effective date of amendment of Health
Authority Ordinance. Motion carried 7-0-0.
D Cigarette Tax Refund Agreement. Ed Pearsall moved, Ed Larsen
seconded to adopt Resolution No. 119-01: .
(1) approving a Cigarette Tax Refund Agreement between the Tribe
and the Oregon Department of Revenue to provide for a refund of
state cigarette taxes to the Tribe on the formula set forth in the Agree
ment, and
(2) authorizing the Council Chair, with the assistance of the Tribal At
torney, to finalize and execute the Agreement. Motion carried 7-0-0.
D Tobacco Ordinance. First reading of the Tobacco Ordinance. The
Ordinance sets forth procedures for regulating tobacco sales on the Reser
vation to ensure compliance with the Oregon Cigarette Tax Act and is a
component of the Cigarette Tax Refund Agreement between the Tribe
and the Oregon Department of Revenue.
LEGISLATIVE COMMITTEE
D Enrollment Infant Determination. Jan D. Reibach moved, Reyn
Leno seconded to adopt Resolution No. 120-01 which approves five (5)
Tribal applicants to be added to the official membership roll 5153 to
5157. Motion carried 7-0-0.
ECONOMIC DEVELOPMENT COMMITTEE
D SMGI Board of Directors Appointments. Bob Haller moved, June
Sell-Sherer seconded to adopt Resolution No. 121-01 to approve the
appointment of Monty Parazoo to fill an open position on the Spirit Moun
tain Gaming, Inc. Board of Directors for an initial term of three (3) years
ending June 30, 2004. Motion carried 7-0-0.
SMGI Board of Directors Appointments. Ed Pearsall moved, Reyn
Leno seconded to adopt Resolution No. 122-01 to approve the appoint
ment of Ronald Lampard to fill an open positions on the Spirit Mountain
Gaming, Inc. Board of Directors for an initial term of one (1) year ending
June 30, 2002. Motion carried 7-0-0.
D Native American Caregivers Support Program Grant. Jan D.
Reibach moved, June Sell-Sherer seconded to adopt Resolution No. 123
01 to authorize the submission of an application for a Native American
Caregivers Support Program grant through the Department of Health
and Human Services. Motion carried 7-0-0.
D Approval of UBS Paine Weber, Inc. Contract Provision. Reyn
Leno moved, Bob Haller seconded to adopt Resolution No. 124-01 ap
proving the waiver of sovereign immunity incorporated in the UBS Paine
Webber, Inc. agreement and limited to a waiver of sovereign immunity
only with respect to matters arising directly out of the Agreement to the
extent necessary to permit the enforcement of UBS Paine Webber's rights
under the Agreement. Motion carried 7-0-0.
D Hearings Officer Contract. Reyn Leno moved, June Sell-Sherer
seconded to adopt Resolution No. 125-01 approving the waiver of sover
eign immunity incorporated in the agreement with Judge Rory Flint Knife
and limited to only claims brought in the Tribal Court for The Confeder
ated Tribes of the Grand Ronde Community of Oregon for the recovery of
amounts payable for services rendered and expenses incurred before ter
mination of the Agreement. Motion carried 6-0-1.