Karuk Tribe of California
Tribal Council Meeting Minutes
December 18, 2003
Happy Camp, California
The meeting was called to
order at 5:07 PM by Arch Super, Chairman.
Roll Call
Present
Arch Super, Chairman
Leaf Hillman, Vice-Chairman
Florrine Super, Secretary
Leeon Hillman, Treasurer
Roy Arwood, Member
Florence Conrad, Member
Karen Derry, Member
Robert Goodwin, Member
Absent
Frank Wood, Member - excused
Quorum is established.
Approval of the Agenda for
December 18, 2003
Robert Goodwin moved
and Karen Derry seconded to approve the Agenda for December 18, 2003. 7 haa, 0 puuhara, 0 maanata.
1.
Approval
of the Minutes for November 20, 2003
Sara requested that the
Minutes be tabled until the next meeting as they are not completed.
Robert Goodwin moved
and Leeon Hillman seconded to table the Minutes for November 20, 2003. 7 haa, 0 puuhara, 0 maanata.
1.
Alan
Vandiver
Alan was present on behalf of
the US Forest Service to present Alvis Johnson with a plaque for his years of
work with the Karuk Tribe and the Forest Service. He states that Alvis has given him the
ambition to work harder to keep good communication with the Karuk Tribe and he
thanked him for that opportunity. He
gave them some examples of genuine behaviors that he greatly appreciates. Erin read the plaque aloud for the audience. He states that Pat Garahan made the plaque by
hand.
1.
Tom
Shellenberger
Tom was present to address
the Tribal Council and thanked them for the past ten plus years he has had the
opportunity to serve them as a Practitioner in Orleans. He gave them and overview of the way he came
to work for the Tribe and the ways that Saint Joseph’s Hospital was able to
ensure that there were services for the community in Orleans as they were severely
under-served. He states that the
Contract is coming to an end on January 31, 2004. He states the new position has been
advertised since January of last year, however; he has refused to apply because
it does not address the community needs for after hours and weekend care, it
only covers the clinic from 9:00 AM to 5:00 PM.
He states he will continue to serve the community through the clinic in
Willow Creek and he feels that the decision they have made to cancel this
contract was not the best decision and the community will suffer as a
result. The community currently does not
have an ambulance service and with this staff change there will be no on call
care outside of the clinic hours and he feels that they are going backwards
from the point they have come to. He
states Willow Creek will continue to provide after hours and weekend care. He again thanked them for the opportunity to
work with them for the last decade and states he will never forget this time
with them. The Council thanked him for
his years. Florence states that she
knows there are many community members and Elders that trust Tom and will
follow him to Willow Creek because they trust him. She states her family will miss him
dearly. Bettesue states that there are
many community members and Elders that could not come to the meeting tonight
and they would like to request a community meeting in Orleans that they can all
come to and meet with the Council and get answers to their questions and what
is happening with the Clinic. Lessie
stated that she cannot receive the services she needs in Happy Camp and has
always gone to Orleans to get the quality of care she needs. She states that she has been with the Tribe
for a very long time and remembers that it was nearly impossible for them to obtain
a full time physician in the community until Tom came to Orleans and purchased
a home and made the commitment to work with the Tribe and serve that
community. She states that she has never
heard him say a bad word about anyone and he has always respected his patients
and cared for them. She states that she
and her family have always gone to him and he has always cared for them. She states that her family is deeply hurt that
the Contract has been canceled and as a Tribal Member she is hurt that they did
not take the patients needs and concerns into consideration when they made this
decision. Arch asked Wes if there could
be a committee compiled to go to Orleans to meet with the community members to
discuss the change. Wes states they can
schedule a meeting. Tina asked why the
Contract was canceled as she does not know either. Wes states that the major reason for the
decision was financial and they started looking at it about a year ago when the
Contract amount was raised. Tina states
they should notify the Happy Camp and Orleans community members so that they
can go to the community member. Wes
announced that there will be a Family Nurse Practitioner hired to work in the
Orleans Clinic to provide care. Sandi
asked if they can receive care in Willow Creek with Tom and Norman. She also asked if CHS would cover that. Wes states that if they follow the referral
process for CHS then it will be covered, if they choose that as their primary
care and don’t go to the Clinic, then it won’t be covered by CHS. Sandi asked if there will be any kind of
after hours care with the new provider and if she will relocate to the
community. Wes states he will not be
able to tell them that at this time as he does not know. Wes also stated that Hoopa is interested in
locating an ambulance in Orleans so that they will have that service and have
EMT’s for after hour service and emergency transportation to the hospital in
Eureka. Discussion followed regarding
the possibilities of these changes.
1.
Tina King
Tina was present to discuss
the fact that her daughter was recently taken off the Childcare program as the
child is a descendent and now her daughter cannot get care to be able to finish
high school. She is pursuing other sources
for assistance, however; it will take time.
She would like to request assistance for a month while they try to get
assistance elsewhere. They are hoping
that she can graduate by March. The need
is four hours per day during the week.
It was averaging around $96.00 bi-weekly. She states that all of the programs that she
has applied for childcare assistance with have required that she be on welfare,
TANF, or CalLearn to be eligible. She
does not want her daughter forced into applying for welfare and does not want
her to not graduate from high school because of this. They don’t have the funds to pay for the
childcare and she has watched how hard she works to get through and would like
to see her get assistance as she is a Tribal Member. They state they would need to discuss it with
Laura to see what is available in the budget.
1.
Sherile
Grant
Sherile was present to
request assistance with their youth tournament that is coming up. The entry fee is $185 in Yreka the first week
of February and also they would like to go to a tournament in Reno in May and
would need help with gas, lodging, and the entry fee. They are trying to do it themselves and were
able to do it all last year. The team is
all Indian youth and all girls from Yreka.
Florrine is the coach for the team and she also coaches if she is not
able to play due to age limitations. She
states they are also raffling off two gift baskets and plan on doing another
one. They again state they will talk to
Laura to see what the budget says.
1.
Judy
Waddell
Judy states she is submitting
her last report and took the opportunity to thank the Council and all of the
Tribal employees for giving her the opportunity to work with the Tribe for the
last four years as tomorrow will be her last day as the TERO Director. She states she has one request tonight
pertaining to the Election and sending the election results to all Members that
voted by absentee and also an article in the newspaper publicizing the results
of the election.
The article was based on a
previous article announcing the results, it will also go in the
Newsletter. Some of the wording will
need to be revised as it was typed up about a month ago. By giving the results to the individuals that
voted absentee it may encourage them to do so again.
Leaf also suggests doing some
follow up regarding what makes a ballot invalid so that they don’t make the
same mistake again in the next election.
There was discussion regarding the number of requirements for the
absentee ballots and if it can be changed.
Judy states the committee can review that at their next meeting.
They thanked her for her work
and the good job she has done.
Robert Goodwin moved
and Leeon Hillman seconded to approve Judy’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Laura
Mayton
Laura was present to review
her written report. Her first action has
to do with a change to the current annual leave policy for regular employees
that work seasonally for Davis Bacon wages.
Currently they are paid their vacation at the rate they are currently
making so if they earn the leave at $10 an hour and then cash it in at $20 an
hour it will make the fund go over. The
request is to pay them for their fringe benefits while making Davis Bacon and stop
their accruals during that time only.
April asked about the Tribal Wage Rate Ordinance. Erin pointed out that it does not cover
certain jobs as they require Davis Bacon.
This amendment will be added under the Annual Leave section.
Karen Derry moved and
Florence Conrad seconded to approve the amendment to the Personnel Policy. 7 haa, 0 puuhara, 0 maanata.
Her second item is to
schedule a follow up budget meeting the end of January. At the next meeting she would like to finish
up what they discussed at their last meeting and have it all approved. January 21, 2003 at 10:00 AM in Happy Camp
was set.
Karen Derry moved and
Leaf Hillman seconded to approve Laura’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Sandi
Tripp
Sandi was present to review
her report with the Council. She states
they completed the draft of the Newsletter today and she distributed it to the
Council. They would like their comments
so that it can be sent out by Tuesday if possible.
Her first action item is
approval to purchase four (4) Hydrolab Datasondes from Hydrolab/Hack Co. in the
amount of $24,750 from Water Quality funds.
The data collected will show the positive effects of Tribal Restoration
Efforts.
Leaf Hillman moved and
Roy Arwood seconded to approve the purchase of four (4) Hydrolab Datasondes
from Hydrolab/Hack Co. in the amount of $24,750 from Water Quality funds. 7 haa, 0 puuhara, 0 maanata.
Her second action item is
approval to purchase a five foot rotary screw trap and custom trailer to haul
the trap from EG Solutions in the amount of $15,225 from Klamath River
Inter-Tribal Fish and Water Commission funding.
The new trap will be utilized on Indian Creek and she gave them some
background into the history of this funding and how it came to the Tribe.
Robert Goodwin moved
and Leaf Hillman seconded to approve the purchase of a rotary trap and trailer
from EG Solutions in the amount of $15,225 from Klamath River Inter-Tribal Fish
and Water Commission funding. 7 haa, 0
puuhara, 0 maanata.
She also wanted to let them
know that their GAP grant is up for renewal this year and she will need to
submit that in mid-January and it has not been written yet. She states she is going to ask for more
funding this year to go into the Performance Partnership Agreement they have in
place with EPA. She requested a
mid-month meeting and suggests getting it approved at that meeting. January 12, 2004 at 10:00 AM was set for the
meeting in Happy Camp.
Leaf Hillman moved and
Robert Goodwin seconded to approve Sandi’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Fred
Nahwooksy
Fred was present to review
his written report. He states he has no
additional items or action items. Leaf
asked if he got his helper in the Sales Shop that he requested. He states he did, her name is Jennifer Jones
and she is working out very well and is a big help. He announced there is a 10% off sale going
now and they will be open until 12:00 PM on Christmas Eve.
Leaf suggests that they set a
meeting to review and approve the Policies and Procedures for the museum to
have a means for operation. Another
suggestion is the appointment of a museum oversight committee to oversee all
operations of the People’s Center. The
meeting was set for February 2, 2004 at 10:00 AM. He will also get the document to them for
review prior to that.
Leaf Hillman moved and
Karen Derry seconded to approve Fred’s report.
7 haa, 0 puuhara, 0 maanata.
1.
Toni
McLane
Toni was present to review
her report with the Council. She states
that they have additional funds that need to be spent for this year so they
have been making some purchases for their upcoming move into the Old Housing
Building that is coming up soon. Their
approximate move in date is late January to early February. They have been researching items such as
desks, fax machine, printers, copy machine, etc.
She requested $3,100 for
National Business Furniture to purchase desks and chairs. She has done the price comparisons but she
has not completed the procurement documentation. They can approve up to $3,500 and then she
can follow the procurement process with Laura and Erin.
Robert Goodwin moved
and Karen Derry seconded to approve up to $3,500 for desks and chairs pending
completion of procurement documentation.
7 haa, 0 puuhara, 0 maanata.
She also requested
approximately $20,000 for a phone system, computers, laptop, digital camera,
monitors, copy machine, and fax machine.
These amounts are based on quotes from Gateway, they are awaiting other
quotes. The Council would like to have a
phone vote to approve this purchase since it is such a large amount. The services to install the phone system will
also require a professional services contract be reviewed and approved as well.
She requested permission to
purchase a conference table, office desk, and conference table base up to $1700
once she completes the procurement.
Robert Goodwin moved and
Karen Derry seconded to approve the purchase of office equipment up to $1,700
pending completion of procurement documentation. 7 haa, 0 puuhara, 0 maanata.
The Council announced they
have a meeting on December 29, 2003 at 2:00 PM and it could be approved
then. Erin states that since she has
approval to carryover the dollars to next year she can spend it in that year.
She went over some other changes that have been suggested for the building such
as safety items from their IHS inspection.
She can check to see if IHS will pay for the items since they requested
they be changed. She should also hear
about her funding for the Yreka Head Start Center very soon and will keep them
posted. The ICDBG grant was rejected and
that proposal will not be considered, but they will rate and rank the grant so
that they can revise it for next year.
She also included a copy of a
memo regarding paint and carpet in the building. She has requested that Housing cover that
expense. Leaf states he will take it to
them. She would like carpet, paint, and
the wall that was built completed.
Karen Derry moved and
Florence Conrad seconded to approve Toni’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Erin
Hillman
Erin was present to review
her report with the Council. She requested
approval of Contract 04-C-010 with Jim Bray in the amount of $18,009 for the as
built plans as required by BIA for the Yreka Roads Project. The cost will be covered through a contract
modification from BIA and Jim Bray has been requested and recommended by BIA to
do this work and they will be paying for it.
That is the reason for no other quotes.
Leaf Hillman moved and
Robert Goodwin seconded to approve Contract 04-C-010 with Jim Bray in the
amount of $18,009 for the as built plans for the Yreka Roads Project. 7 haa, 0 puuhara, 0 maanata.
She also requested their
approval of the Internal Audit/Self Monitoring Procedures. This will take care of an audit finding from
last fiscal year and has been reviewed and approved by the Management Team. This was requested by the previous Chairman
and Vice Chairman to make sure they have all of their programs in compliance
with their regulations to ensure there are no more findings. Karen would like it to specify that the
Contract Compliance Specialist will set the date for the review to make it
clear who is responsible. It will be
added to the Fiscal Policies and Procedures Manual.
Leaf Hillman moved and
Karen Derry seconded to approve the Internal Audit/Self Monitoring Procedures. 7 haa, 0 puuhara, 0 maanata.
Karen Derry moved and
Leaf Hillman seconded to approve Erin’s report.
7 haa, 0 puuhara, 0 maanata.
1.
April
Attebury
Not present, written report
only.
Karen Derry moved and
Robert Goodwin seconded to approve April’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Rod
Hartman
Rod was present to review his
written report with the Council. He
states he does not have the permits for the HIP homes he promised last
month. He states the County has no experienced
engineers in their public works department so they are relying on FEMA
documents to use in approving plans. He
has explained to them how elderly these people are that are waiting for their
homes. The County has been forbidden
from approving plans without going through this process by FEMA. Robert states it would be nice if they could
give them a list of what they need to do so they don’t have this problem in the
future and don’t keep adding things as they go along and make them do
additional paperwork. Rod predicts it
will take until December 31, 2003 for them to sign off on the permit. The County has reviewed the parcel map for Jo
Elaine Aubrey’s property so that it can be approved and recorded. They have stated that it will not be approved
by the end of this year. Rod states that
they have kept throwing items back at the Tribe and did not think they would be
able to do it and were not prepared to have to actually deal with it.
He gave them some additional
updates on the other projects he is working on.
They asked what his suggestion is for the Pharmacy windows. The windows will be metal bars welded to a
steel frame and then installed on the windows to make it not so un-attractive. They will also be looking into a security
system.
Leeon Hillman moved and
Leaf Hillman seconded to approve Rod’s report.
7 haa, 0 puuhara, 0 maanata.
1.
Lisa
Aubrey
Not present, written report
only.
Karen Derry moved and
Florence Conrad seconded to approve Lisa’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Tom
Waddell
Not present, written report
only.
Karen Derry moved and
Roy Arwood seconded to approve Tom’s report.
5 haa, 2 puuhara (Robert Goodwin and Florrine Super - they would like to
discuss it in closed session.), 0 maanata.
1.
Susan Gehr
Not present, written report
only.
Leaf Hillman moved and
Florrine Super seconded to approve Susan’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Scott
Quinn
Scott was present to request
approval of several Resolutions for land items.
Leaf Hillman moved and Robert
Goodwin seconded to approve Resolution s 03-R-103 through 03-R-108. 7 haa, 0 puuhara, 0 maanata.
He gave them an update on
what Carrie has been working on as well.
He states they will also work on any properties that are not under the
Karuk Tribe of California’s name to get them changed over.
Leaf Hillman moved and
Robert Goodwin seconded to approve Scott’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Sami Jo
Difuntorum
Jessaca Lugo was present to
discuss the Tribal Court’s proposal to revise their Grievance Procedures. She states currently tenants go to the
Superior Court to appeal evictions from the Housing Committee. The Tribal Court would like to revise the
policies to read that any Administrative Action can be appealed at the Tribal
Court. That would mean someone could
appeal anything at the Court. They want
it to only be a forum for eviction appeals.
She states that they just wanted to let the Council know what their
opinion is.
They only want the Tribal
Court to replace the Superior Court in the process, no other changes. It is suggested to have a joint meeting
between the Housing and the Tribal Court.
What they are wanting is to expedite the eviction process as it
currently takes about three months to evict someone in the State Court
System. They don’t want the Tribal Court
to oversee appeals for Lease violations, etc.
Currently they are using the Superior Court about once every two months. Leaf states that April had the same
understanding that everyone else has, this change is coming from the Judge’s
recommendation. April states they are
very close to hearing cases in the Tribal Court and has proposed a meeting to
go over these issues and move forward.
Jessaca can contact him and find out when he is available to meet.
There was also a position
description for a Loan Officer included in Sami’s report for approval to manage
all of the Loan Programs for the Housing Authority. There will be a Loan Committee in place below
the Housing Committee to review and approve these loans also. They will serve all three housing
communities.
Karen Derry moved and
Robert Goodwin seconded to approve the Loan Officer position description. 7 haa, 0 puuhara, 0 maanata.
Robert Goodwin moved
and Leaf Hillman seconded to approve Sami’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Marty
Waddell
Marty was present to review
his written report. He states he has no
action items and is present if they have any questions. Robert thanked him for stepping in at such a
difficult time with everything that happened and assuming the responsibilities
of the department. Leaf announced there
is a meeting tomorrow morning at 9:00 AM to go over planning for that
department between Marty, Marsha, Wes, and Leaf and any Council Members that
are interested in attending. Marty let
the Council know that he has been talking with Greg Gehr about his design of
the website for the Tribe. He has been
delegated by the Management Team to get the website up and make it the priority
for the department.
Robert Goodwin moved
and Leaf Hillman seconded to approve Marty’s report. 7 haa, 0 puuhara, 0 maanata.
1.
Wes
Valentine
Wes states his report
requires closed session only.
1.
Fred
Burcell
Not present, written report
only. In the report Mike Tiraterra
requests permission to obtain bids to purchase a car lift. Mike also requested permission to auction off
the vehicles by sealed bid as they have no value. It would be advertised and there would be a
viewing date also.
Consensus: To move
forward with both items.
Karen Derry moved and
Roy Arwood seconded to approve Fred’s report.
7 haa, 0 puuhara, 0 maanata.
Wes also mentioned that the
servicing of the Tribal vehicles has become very hard to track. They would like to suggest a time schedule
instead of mileage schedule for servicing.
That way they don’t have to track when the mileage is at a certain
level, it just has to be serviced every two months during a specific week. If they don’t have it serviced it will be
red-tagged. The IT department has also
set up a website for the shop to be able to see what needs to be done and what
has been done.
1.
Phone
Votes
a. Request for $300 for the Naa Vura Yee
Shiip Annual Christmas Dinner. Passed.
b.
Request to send two Tribal Members
to Cornerstone Residential Recovery in Redding, California. Passed.
c.
Request from KTHA to send in the
Annual Performance Report. Passed.
d.
Request authorization to purchase
one Dell computer for the Pharmacy in the amount of $2,193.36. Passed.
23.
Letter
from US Attorney McGregor Scott
There was a letter included
announcing a meeting to be held in Sacramento.
Leaf nominates Arch Super to go to this meeting.
Leaf Hillman moved and
Karen Derry seconded to send Arch to the meeting in Sacramento. 7 haa, 0 puuhara, 0 maanata.
23.
Gaming
Update
Alvis was present to update
them on their recent trip to Sacramento to discuss the proposition that card
rooms have going to be able to compete with Tribes for gaming. They need to oppose the proposition or the
Tribes would have to give up 25% of their gaming revenues to the State. There needs to be a fight from the Tribes and
it will be a long expensive fight that the Tribes very well may lose. Resolution 03-R-109 opposing the initiative
was included for approval.
Karen Derry moved and
Robert Goodwin seconded to approve Resolution 03-R-109. 7 haa, 0 puuhara, 0 maanata.
23.
Old
Business
They wanted to check on the
drivers under 25 to make sure they are covered.
Laura and Sara state they will check on this to make sure. Laura states that Tina was told by the
insurance company that they can be covered as long as their driving record is
reviewed and the organization is comfortable with their record and
experience. They will cover drivers all
the way down to 21 years of age.
Closed Session from 8:53
PM to 12:40 AM
Consensus: To change
the expiration date on Tribal ID cards to 6 years.
Leeon Hillman moved and
Roy Arwood seconded to appoint Millie Grant to sit on the enrollment
committee. 7 haa, 0 puuhara, 0 maanata.
Consensus: For Karen Derry,
Sara Spence, Lynn Parton, Kendra Whitman, and Carrie Davis to pursue becoming
notary publics.
Leaf Hillman moved and
Robert Goodwin seconded to pay $590 for Case FSCCFS 99-1828 to Superior
court. 6 haa, 0 puuhara, 1 maanata.
Leaf Hillman moved and
Robert Goodwin seconded to establish an ICWA committee with Florrine Super and
Florence Conrad siting on this committee.
Sara Spence is to advertise for an IWCA committee of 5 people (two council
members and one person from each community).
7 haa, 0 puuhara, 0 maanata.
Leaf Hillman moved and
Robert Goodwin seconded to approve Resolution 03-R-110 authorizing designation
of tribal representative in the Superior court of the State of California
County of siskiyou. 7 haa, 0 puuhara, 0
maanata.
Robert Goodwin moved
and Leaf Hillman seconded to approve Resolution 03-R-111 authorizing
designation of tribal representative in the Superior court of the State of
California County of siskiyou. 7 haa, 0
puuhara, 0 maanata.
Robert Goodwin moved
and Leaf Hillman seconded to approve Resolution 03-R-112 authorizing
designation of tribal representative in the Superior court of the State of
California County of siskiyou. 7 haa, 0
puuhara, 0 maanata.
Robert Goodwin moved
and Leaf Hillman seconded to approve Resolution 03-R-113 authorizing
designation of tribal representative in the Superior court of the State of
California County of siskiyou. 7 haa, 0
puuhara, 0 maanata.
Leaf Hillman moved and
Robert Goodwin seconded to approve Resolution 03-R-114 authorizing the return
of the children to the Karuk Tribe of California in the event that either of
them is detained. 7 haa, 0 puuhara, 0
maanata.
Robert Goodwin moved
and Leaf Hillman seconded to amend the personal policies in regards to
termination of employees to reflect a 6 month rehire, 1 year rehire, and not
eligible to rehire. 6 haa, 1 puuhara, 0
maanata.
Directive: For Arch
Super to send a letter to Tribal Member #2851 that she will be eligible for
rehire 6 months from her termination date
Directive: For Sara
Spence to send letter to Tribal Member #2332 to uphold the decision that she is
not eligible for to apply for a position for one year.
Consensus: To raise
employee #4560 to $10.38 an hour.
Consensus: To raise
employee #0988 to $9.84.
Robert Goodwin moved
and Leaf Hillman seconded to send Cecilia Arwood to training in Las Vegas for
travel. 6 haa, 0 puuhara, 1 maanata.
Decision regarding
Tribal TANF delayed until next week.
Robert Goodwin moved
and Leeon Hillman seconded to appoint Sandi Tripp as DNR Director. 7 haa, 0
puuhara, 0 maanata.
Consensus: To
reclassify employee #3175 as non-exempt.
Leaf Hillman moved and
Robert Goodwin seconded to approve $250 for Yreka girls youth basketball team
to come out of Indirect. 7 haa, 0
puuhara, 0 maanata.
Next Meeting: January 22, 2003 at 5:00 PM in Yreka.
Meeting adjourned at
12:45 AM
Respectfully Submitted by,
_____________________________
Arch Super, Chairman
Recording Secretary,
Sara Spence