4 APRIL 1, 2002
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Wednesday, February 20, 2002
5:05 p.m. Meeting was called to order by Tribal Council Chair Cheryle
Kennedy. A quorum was present. Ed Pearsall was excused.
June Sell-Sherer moved, Jan D. Reibach seconded to approve the Feb
ruary 6, 2002 council meeting minutes as submitted. Motion carried.
LEGISLATIVE COMMITTEE
B Enrollment New Members. Sell-Sherer moved, Reyn Leno seconded
to adopt Resolution No. 032-02 approving members numbered 5174,
5187 through 5203 for Tribal membership. Motion carried 7-0-0.
B Osborne Property Purchase. Reibach moved, Val Grout seconded
to adopt Resolution No. 033-02:
(1) approving the Purchase and Sale Agreement between the Tribe
and Windsor Properties Limited for the purchase of real property lo
cated at 28480 McPherson Road in Grand Ronde, OR, as presented by
the Natural Resources staff, and
(2) authorizing the Interim Natural Resources Department manager
with the assistance of the Tribal Attorney to negotiate, finalize, and
execute the agreement, and
(3) authorizing the Tribal Chair to execute all documents required for
closing of property purchase. Motion carried 7-0-0.
fl Native American Basic Library Grant Application. Sell-Sherer
moved, Bob Haller seconded to adopt Resolution No. 034-02 authoriz
ing the submission of a Native American Basic Library grant application.
The application will make the Tribe eligible to apply for up to $150,000 in
Native American Library Enhancement grant funds. This grant pays no
indirect costs and requires no match. Motion carried 7-0-0.
B DHHS Indian Health Service Special Diabetes Grant Applica
tion. Leno moved, Reibach seconded to adopt Resolution No. 035-02
approving an application to the Indian Health Service for a Special Dia
betes Program grant for $161,856 and authorizing the Tribal Council Chair
or her designee to execute required application documents and to make all
modifications or amendments to the proposal as necessary. Motion car
ried 7-0-0.
TRIBAL GOVERNMENT, MANAGEMENT
& BUDGET COMMITTEE
B Election Ordinance Amendment. first reading. Tribal Council
authorizes the first reading of the amendments to the Election Ordinance.
The amendments make various technical updates and substantive changes
to the ordinance to provide for an efficient election process, including modi
fying the roles of the Election Board and the Enrollment Office in the
election process, modifying Signature Verification Form requirements to
add an alternative to the notarization requirement, extending the restric
tion on remaining, loitering or campaigning near the polling place on Elec
tion Day to 150 feet of any entrance to the polling place, and modifying
the absentee ballot provisions to provide that only those Tribal members
who have a Signature Verification Form on file with the Election Board
will be sent an absentee ballot and that absentee ballots must be received
by noon on the day of the election. Discussion followed.
B Gaming Ordinance Revisions to Amendments. Butch LaBonte
moved, Reibach seconded to adopt Resolution No. 036-02
(1) adopting the amendments of the Gaming Ordinance, as revised in
response to the issues presented by the National Indian Gaming com
mission (NIGC); and
(2) requesting that the NIGC promptly review and approve the amend
ments, as revised. Discussion followed. Motion carried 7-0-0.
B SMGI Executive Compensation Merit Increase. LaBonte moved,
Reibach seconded to adopt Resolution No. 037-02 approving a merit
salary increase for Brian Werner as presented by the Board of Directors of
Spirit Mountain Gaming, Inc. Discussion followed. Motion carried 7-0-0.
ECONOMIC DEVELOPMENT COMMITTEE
B Educational Building Additional Staffing Costs. Sell-Sherer moved,
Haller seconded to adopt Resolution No. 038-02 approving funding of
three additional housekeeping staff at a total cost of $52,560. New staff
will be assigned to Facilities Maintenance and will provide housekeeping
services in the new Education buildings. Motion carried 7-0-0.
B Water Right Applications Spirit Mountain Water Project. La
Bonte moved, Haller seconded to adopt Resolution No. 039-02
(1) approving the submission of various water right applications and a
mitigation plan to the Oregon Water Resources Department (OWRD)
in connection with the Spirit Mountain Water Project, as recommended
by the Director of Public Works; and
(2) authorizing the Council Chair, with the assistance of the Director
of Public Works and the Tribal Attorney, to finalize and execute said
applications and other related documents consistent with the Resolu
tion. Discussion followed. Motion carried 7-0-0.
B Contract for Engineering Services of Spirit Mountain Water
Treatment Facility. Leno moved, Sell-Sherer seconded to adopt Reso
lution No. 040-02
(1) approving an agreement between the Tribe and HGE Inc., in an
amount not to exceed $197,500 to perform engineering and construc
tion management services for the Spirit Mountain Water Treatment
Facility project,
(2) approving a contingency budget for project expansion in the amount
of $19,750,
(3) directing that said funding of $217,250 be allocated from the Capi
tal Projects Budget, and
(4) authorizing the General Manager, with the assistance of the Tribal
Attorney, to negotiate, finalize and sign said agreement. Discussion
followed. Motion carried 5-2-0. Grout and Ed Larsen voted "no."
OTHER BUSINESS:
1. Terrence Kay, Attorney at Law, presented verbal notice of an action to
be filed in Tribal Court against the Tribal Council, Reibach, Leno, and
Haller and Ethics Complaints against Reibach, Leno, and Haller if the
Tribal Council did not rescind its suspension on January 30, 2002 of Council
member Ed Pearsall. The chair asked if any Council member would like
to make a motion to rescind the suspension. No motion was made. Discus
sion followed.
2. A Tribal member sought the status of appointments to the Tribe's Pow
wow Committee. Per Council member Leno, the Council's Relations Coor
dinator is attempting to reach the past chair of the committee for recom-
' mendations.
6:20 p.m. Reibach moved, Haller seconded to adjourn the meeting.
Motion carried.
Esrfy Easter ESunsriy Visit Lcstls To ErCunt Fop Eggs
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Busy Bees Children gathered at the Tribe's Health and Wellness Center spent the morning of Saturday, March 23 searching the grounds for over 1,000 Easter eggs
placed by staff for the annual hunt.