4 NOVEMBER 1, 2003
Smoke Signals
Wednesday, September 3, 2003
5:03 p.m. Meeting was called to order by Tribal Council Chairwoman Cheryle
Kennedy. A quorum was present.
Present was Val Grout, Bob Haller, Cheryle Kennedy, Ed Larsen, Reyn Leno,
Jan D. Reibach and Valorie Sheker-Robertson.
Excused was Ed Pearsall and June Sell-Sherer.
Invocation was done by Jan D. Reibach.
PREVIOUS MINUTES APPROVEAMEND
D Reyn Leno moved, Valorie Sheker-Robertson seconded to approve the August
20, 2003, Tribal Council regular meeting minutes as presented. Motion car
ried 6-0-0.
NEW BUSINESS
D General Council Meeting September 07, 2003 Agenda Items
a. Spirit Mountain Gaming, Inc Board Update
b. Program Report: Election Board
c. Door Prizes $250 (1 at $100 and 3 at $50)
Bob Haller moved, Val Grout seconded to adopt a motion approving the General
Council Meeting September 7, 2003, agenda items as presented. Motion car
ried 6-0-0.
LEGISLATIVE ACTION COMMITTEE
O AIG Settlement Tabled. The Committee recommends the Tribal Coun
cil adopt a resolution:
1) approving the proposed Settlement Agreement between Birmingham
Fire Insurance Company (a member of the American International Group
("AIG")), the Tribe, Reyn Leno, Bob Haller and Jan D. Reibach, settling
the Tribe's and said individual insureds' dispute with AIG over insurance
coverage and payment of defense costs in matters filed by Ed Pearsall; and
2) authorizing the Tribal Chairwoman to execute the Settlement Agree
ment with such changes as the Tribal Chairwoman deems necessary. Ed
Larsen moved, Valorie Sheker-Robertson seconded to table the resolution.
Motion carried 6-0-0.
B Spirit Mountain Lodge Expansion. Bob Haller moved, Jan D. Reibach
seconded to adopt Resolution No. 163-03:
1) approving a loan from the Tribe to SMGI in an amount not to exceed
$18 million to cover design and construction of the Spirit Mountain Lodge
expansion;
2) authorizing the Finance Officer to negotiate, with the assistance of the
Tribal Attorney, and execute such documents as are necessary to reflect
the Tribe's loan to SMGI; and
3) authorizing the Finance Officer to use up to $18 million of the Tribe's
line of credit for this purpose. Motion carried 6-0-0.
B Enrollment Committee Appointments. Val Grout moved, Reyn Leno
seconded to adopt Resolution No. 164-03 amending Tribal Council Resolution
045-03 appointing members to serve on the Enrollment Committee as follows:
Robert Schmid, Louise Mederios, and Sharon Hanson are appointed with terms
expiring December 31, 2004; Arlene Beck, Terri Wood, Dorothy Lawe, and Mar
garet Provost are appointed with terms expiring December 31, 2003; and Cordelia
Kneeland and Diane Lane are appointed as honorary members with terms ex
piring December 31, 2004. Motion carried 6-0-0.
B Interagency Agreement with Willamina School District 30 J. Jan D.
Reibach moved, Ed Larsen seconded to adopt Resolution No. 165-03 authoriz
ing the Tribal Council Chairwoman to execute her signature on the Interagency
Agreement between the Willamina School District 30J and the Confederated
Tribes of the Grand Ronde Community of Oregon as presented by the Education
Committee. Motion carried 6-0-0.
B Interim Executive Director Grand Ronde Gaming Commission Ap
pointment. Reyn Leno moved, Jan D. Reibach seconded to adopt Resolution
No. 166-03:
1) approving the temporary leave of absence of Lynn Hillman as Commis
sioner on the Grand Ronde Gaming Commission;
2) approving the selection of Lynn Hillman as Interim Executive Director
of the Gaming Commission and the terms of the Temporary Employment
Agreement; and
3) authorizing the Tribal Council Chairwoman to sign the Temporary Em
ployment Agreement with Lynn Hillman as evidence of Tribal Council
approval of the Agreement. Motion carried 6-0-0.
B Extension of Court of Appeals Judicial Contract. Valorie Sheker
Robertson moved, Ed Larsen seconded to adopt Resolution No. 167-03 extend
ing the contract for Judicial Services for Don Owen Costello. The purpose of the
extension is to complete the Court of Appeals Enrollment cases. The extension
shall be retroactive and shall extend the contract from August 23, 2003 to Sep
tember 5, 2003. Motion carried 6-0-0.
B Enrollment Infant Determination Approvals. Val Grout moved, Jan D.
Reibach seconded to adopt Resolution No. 168-03 approving five minors num
bered 5333 through 5337 for Tribal membership, because, based on investigation
and recommendation of the Enrollment staff, the minors have been found to
meet the eligibility requirements for enrollment as defined in the Enrollment
Ordinance and Tribal Constitution. Motion carried 6-0-0.
B Enrollment New Membership Approval. Valorie Sheker-Robertson moved,
Reyn Leno seconded to adopt Resolution No. 169-03 approving the Tribal mem
bership of individuals numbered 5338 through 5352, because, based on the rec
ommendation of the Enrollment Committee, the individuals meet the require
ments of the Constitution and the Enrollment Ordinance. Motion carried 6-0-0.
B Funding for Additional Design Tasks with Grand Ronde Road Pedes
trian Safety Improvements Project. Jan D. Reibach moved, Reynold L.
Leno seconded to adopt Resolution No. 170-03 authorizing transfer of $10,000
from the Tribal Engineer's Capital Projects Contingency Budget to the Tribal
Capital Projects Budget for additional design tasks associated with the Grand
Ronde Road Pedestrian Safety Improvements Project. Motion carried 6-0-0.
B Traffic Impact Analysis Funding. Val Grout moved, Valorie Sheker
Robertson seconded to adopt Resolution No. 171-03 authorizing transfer of
$6,800 from the Tribal Engineer's Capital Projects Contingency Budget to the
Tribal Capital Projects Budget for a traffic impact analysis necessary for devel
opment of an event traffic control and operations plan associated with the pro
posed relocation of the pow-wow grounds. Motion carried 6-0-0.
B Community Service Block Grant Application. Jan D. Reibach moved,
Reyn Leno seconded to adopt Resolution No. 172-03 approving the submission
of the Community Service Block Grant application in the amount of $8,600 for
usage by the Social Services Department and the Council waives any applicable
indirect costs. Motion carried 6-0-0.
5:21 p.m. Ed Larsen moved, Bob Haller seconded to adjourn the meeting.
Motion carried.
Wednesday, September 17, 2003
5:05 p.m. Meeting was called to order by Chief Tribal Court Judge Katharine
English. A quorum was present.
Present was Jack Giffen, Jr., Val Grout, Cheryle Kennedy, Ed Larsen, Reyn
Leno, Jan D. Reibach and Valorie Sheker-Robertson.
Excused was Bob Haller and June Sell-Sherer.
Invocation was done by Jan D. Reibach.
ELECTION OF OFFICER CHAIR
B Chief Tribal Court Judge English opened Tribal Council nominations for the
Tribal Council Chairperson position. Reyn Leno nominated Cheryle Kennedy,
seconded by Valorie Sheker-Robertson. Hearing no other nominations, Chief
Judge English announced that Cheryle Kennedy is appointed by acclamation as
the Tribal Council Chairwoman. Chief Judge English then turned the meeting
over to the newly elected Tribal Council Chairwoman to proceed with the meet
ing agenda.
PREVIOUS MINUTES - APPROVEAMEND
B Reyn Leno moved, Valorie Sheker-Robertson seconded to approve the Septem
ber 3, 2003, Tribal Council regular meeting minutes as presented. Motion
carried 6-0-0.
UNFINISHED BUSINESS
B AIG Settlement. Postponed Until Next Regular Meeting, October 1,
2003. The Committee recommends the Tribal Council adopt a resolution:
1) approving the proposed Settlement Agreement between Birmingham
Fire Insurance Company (a member of the American International Group
("AIG")), the Tribe, Reyn Leno, Bob Haller and Jan D. Reibach, settling
the Tribe's and said individual insureds' dispute with AIG over insurance
coverage and payment of defense costs in matters filed by Ed Pearsall; and
2) authorizing the Tribal Chairwoman to execute the Settlement Agree
ment with such changes as the Tribal Chairwoman deems necessary.
Comments proceeded by the Tribal Council Chairwoman Kennedy. Ed
Larsen moved, Val Grout seconded the motion to postpone the resolution
re: AIG Settlement until the next regular meeting, October 1, 2003.
NEW BUSINESS
B Tribal Credit CardCheck Signing Authority New Council Member.
Jan D. Reibach moved, Reyn Leno seconded to adopt Resolution No. 173-03:
1) authorizing Jack Giffen, Jr. the usage of a Tribal Credit Card in the
performance of his duties, subject to the Tribe's credit card policy; and
2) authorizing Jack Giffen, Jr. to sign checks drawn on accounts main
tained by the Tribe, subject to the laws and ordinances of the Tribe. To be
effective after Oath of Office taken on September 17, 2003. Motion car
ried 5-0-1. Jack Giffen, Jr. abstained.
LEGISLAITVE ACTION COMMITTEE
B MOA with IHS and the Sanitary District for Sewer Main Upsizing
Project. Valorie Sheker-Robertson moved, Reyn Leno seconded to adopt Reso
lution No. 174-03:
1) authorizing entering into a Memorandum of Agreement (MOA) for
Project PO-02-J61 with the Indian Health Service (IHS) and the Grand
Ronde Sanitary District to provide for the design and construction of an
upsized sewer main in Grand Ronde Road;
2) waiving the Tribal Engineering and Administration cost percentage so
all funds go to design and construction; and
3) authorizing the General Manager, with the assistance of the Tribal
Attorney, to negotiate, finalize and execute this agreement. Motion car
ried 5-0-1. Jack Giffen, Jr. abstained.
B ICDBG Application Grand Ronde Road Widening, Sidewalks and
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