4 JANUARY 1, 2005
Smoke Signals
Wednesday, November 17, 2004
5:03 p.m. Meeting was called to order by Tribal Council Chairwoman,
Cheryle Kennedy. A quorum was present.
Present was Angie Blackwell, Jack Giffen, Jr., Cheryle Kennedy, Reyn
Leno, Chris Mercier, Jan D. Reibach, Valorie Sheker-Robertson and June
Sell-Sherer.
Excused was Wesley "Buddy" West (personal leave).
Invocation was done by Jan D. Reibach.
PREVIOUS MINUTES APPROVEAMEND
Reyn Leno moved, Jan D. Reibach seconded to approve the November
3, 2004, Tribal Council regular meeting minutes as presented. Motion
carried 6-0-1. Valorie Sheker-Robertson abstained.
NEW BUSINESS
LEGISLATIVE ACTION COMMITTEE
D Marriage Ordinance Amendment. Tribal Council approves a first
reading of the proposed amendments to the Marriage Ordinance. The
proposed amendments clarify the definition of marriage to be the consen
sual union between one man and one woman, require at least one Tribal
member party for issuance of a marriage license, eliminate the provision
for recognition of common law marriages, and apply the amendments ret
roactively to all Applications for Marriage License and Marriage Licenses
where a Marriage Certificate has not yet been issued. Discussion followed.
D 2004 Merit Awards Funding. Jack Giffen, Jr. moved, Valorie Sheker
Robertson seconded to adopt Resolution No. 156-04 approving the trans
fer of the 2004 Merit Awards from contingency budget to the respective
Tribal budgets. Motion carried 7-0-0.
B Spirit Mountain Logistics, LLC Additional Capital Contribu
tion. Reyn Leno moved, Angie Blackwell seconded to adopt Resolution
No. 157-04 authorizing an additional capital contribution to Spirit Moun
tain Logistics, LLC in the amount of $120,000 for use as payment of early
lease termination fee, provided that the additional capital contribution
amount of $120,000 will be returned to the Tribe through a distribution of
such amount upon Hewlett Packard's reimbursement of the early lease
termination fee to Spirit Mountain Logistics. LLC. Discussion followed.
Motion carried 7-0-0.
B Fiscal Management Ordinance Amendment. Tribal Council ap
proves a first reading of the proposed amendment to the Fiscal Manage
ment Ordinance. The proposed amendment provides that copies of au
dited financial statements for the primary government may be provided to
adult Tribal members subject to certain policies and restrictions. Discus
sion followed.
B Gaming Dividend Fund Funding Transfer to SMGI. Reyn Leno
moved, June Sell-Sherer seconded to adopt Resolution No. 158-04 au
thorizing an advance up to $6,000,000 from the Gaming Dividend Fund
to Spirit Mountain Gaming, Inc. for a period of twelve (12) days to enable
cashing of Per Capita checks by Tribal members in December 2004 at
Spirit Mountain Casino. Motion carried 7-0-0.
B Enrollment Infant Determinations. Jan D. Reibach moved, June
Sell Sherer seconded to adopt Resolution No. 159-04 approving four (4)
infants numbered 5437 through 5440 for Tribal membership, because,
based on the investigation and recommendation of the Enrollment staff,
the infants have been found to meet the eligibility requirements for en
rollment as defined in the Enrollment Ordinance and Tribal Constitution.
Discussion followed. Motion carried 6-0-0. Council member Jack
Giffen, Jr. was not present for the vote.
OTHER BUSINESS
A Tribal member raised the following: Inquired as to the results of the
Enrollment Survey generated and mailed this year. Chairwoman Kennedy
advised the results were 50 percent for and 50 percent against the Consti
tutional Enrollment language. Council plans to hold community meet
ings in Portland, Eugene and other locations as determined to share the
results. Council member Blackwell stated these meetings are to brain
storm on how to get information out and to share membership circum
stances and concerns. Sought clarification as to a news article in The
Statesman Journal regarding property near Chemawa. Chairwoman
Kennedy and Vice Chairman Leno advised that the property addressed
in the article is not the property under shared ownership with Siletz and
Grand Ronde.
B A Tribal member asked the following: Asked for any copies of docu
ments related to a recent incident in which his name is referenced. Sought
clarification on whether or not the Tribe recognized and followed Oregon's
Medical Marijuana law. Discussion followed.
fl A Tribal member sought clarification of a news article in The Statesman
Journal regarding property placed up for public auction. Finance Officer
Larry Kovach stated the property involved was held as collateral on a
loan which was in foreclosed by the Tribe. The Tribe now owns the prop
erty and the Previous Owner has twelve months to recover the property
by paying the loan debt to the Tribe.
6:28 p.m. Jan D. Reibach moved, Reyn Leno seconded to adjourn the
meeting. Motion carried.
Wednesday, December 1, 2004
4.00 p.m. Meeting was called to order by Tribal Council Chairwoman,
Cheryle Kennedy. A quorum was present.
Present was Angie Blackwell, Jack Giffen, Jr., Cheryle A. Kennedy,
Reynold L. Leno, Chris Mercier, Jan D. Reibach, Valorie Sheker-Robertson,
June Sell-Sherer and Wesley "Buddy" West.
Invocation was done by Jan D. Reibach.
PREVIOUS MINUTES APPROVEAMEND
B Valorie Sheker-Robertson moved, Reyn Leno seconded to approve the
November 17, 2004, Tribal Council regular meeting minutes as presented.
Motion carried 8-0-0.
NEW BUSINESS
1. General Council Meeting December 5, 2004 Agenda Items
a. Elders' Nominations
b. Program Report: Member ServicesBenefit
c. Door Prizes $250 (1 at $100 and 3 at $50)
B Angie Blackwell moved, Jack Giffen, Jr. seconded to approve the Gen
eral Council Meeting December 5, 2004 agenda items as presented. Dis
cussion followed. Motion carried 8-0-0.
LEGISLATIVE ACTION COMMITTEE
B Willamette Falls Hydroelectric Relicensing Programmatic
Agreement. Jack Giffen, Jr. moved, June Sell-Sherer seconded to adopt
Resolution No. 160 04: 1) concurring in the Programmatic Agreement
among the Federal Energy Regulatory Commission and the Oregon State
Historic Preservation Officer for Managing Historic Properties That May
Be Affected by a License Issuing to Portland General Electric for the Con
tinued Operation of the Willamette Falls Hydroelectric Project in Clackamas
County, Oregon; and 2) authorizing the Tribal Council Chairwoman to
sign the concurrence to said Agreement. Motion carried 8-0-0.
B Spirit Mountain Casino Lease Amendment. Jan D. Reibach moved,
Jack Giffen, Jr. seconded to adopt Resolution No. 161-04: 1) approving
an amendment to the ground lease between the Tribe and Spirit Moun
tain Gaming, Inc. that, among other technical changes, expands'the area
covered under the lease and changes the rent calculation method from a
flat fee to a percentage of gross gaming revenue; and 2) authorizing the
Tribal Council Chairwoman, with the assistance of the Tribal Attorney, to
negotiate, finalize and execute said ground lease amendment. This lease
amendment is subject to the approval of the Bureau of Indian Affairs.
Discussion followed. Motion carried 8-0-0.
B Member BenefitGaming Additional Funding. Reyn Leno moved,
June Sell-Sherer seconded to adopt Resolution No. 162-04 authorizing
the Finance Officer to transfer up to $4,000,000 from the Contingency
budget to the Member BenefitGaming cost center to be used for the 2004
Gaming Per Capita payment. Discussion followed. Motion carried 8-0-0.
B Citizen Participation on ICDBG Grant Application for Recre
ation Facilities. Angie Blackwell moved, Reyn Leno seconded to adopt
Resolution No. 163 04: 1) certifying the activities it has taken to provide
residents with adequate information on the availability of the $500,000
ICDBG grant and its eligible range of activities and solicited comments on
the proposed application, and on the Tribe's two current ICDBG grants,
through evening community meetings and weekend General Council
meetings, and by other activities as documented on Exhibit A and that
the Council has and will continue to consider resident comments on its
ICDBG program and this application; and 2) certifying and assuring com
pliance with the Indian Community Development Block Grant citizen
participation requirements and authorizing the Tribal Chairwoman or, in
her absence, the Tribal Vice Chairman to sign said assurances and associ
ated documents on behalf of the Grand Ronde Tribe. Discussion followed.
Motion carried 8-0-0.
B ICDBG Grant Application for Recreation Facilities. Valorie
Sheker-Robertson moved, Angie Blackwell seconded to adopt Resolution
No. 164-04: 1) authorizing the Tribe's application to the U.S. Dept. of
Housing and Urban Development for a $500,000 Indian Community De
velopment Block Grant for recreation facilities; 2) committing 15 acres of
the Smith Property with an appraised value of $127,5000, $17,333 of in
kind staff time, and $21,834 from the 2006 Tribal Contingency as match
for this application; 3) adopting an operation and maintenance plan and
committing $25,000 a year for operation and maintenance of these facili
ties once developed; 4) approving a planned $30,000 budget to be divided
equally between Indian Health Service funds, Indian Housing Block Grant
See ACTIONS
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