TRIBAL COUNCIL MEETING MINUTES OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN NATION, MONTANA

Transcription

1 TRIBAL COUNCIL MEETING MINUTES OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN NATION, MONTANA Volume 14 Number 24 Held: Council Chambers, Pablo, MT Approved: January 30, 2014 MEMBERS PRESENT: Ron Trahan, Chairman; Carole Lankford, Vice- Chairman; James Bing Matt, Secretary; Leonard TwoTeeth, Treasurer; Terry Pitts; Lloyd Irvine; Vernon Finley; Patty Stevens; Shelly Fyant; and Leonard Gray. OTHERS PRESENT: Sharon Silberman, Council Support; and Abby Dupuis, Recording Secretary. The meeting was called to order at 9:04 a.m. Quorum established. The meeting was opened with a prayer by Carole Lankford. The Tribal Council Meeting Minutes for January 9, 2014 were presented for approval. MOTION by Carole Lankford to approve the Tribal Council Meeting Minutes for January 9, Seconded by Patty Stevens. Carried, unanimous (10 present). The agenda was presented for approval. MOTION by Leonard Gray to approve the agenda, with additions. Seconded by Carole Lankford. Carried, unanimous (10 present). Brian Lipscomb, Energy Keepers Inc., gave an update on the upcoming Kerr arbitration hearing. Chairman Trahan informed council that in the agenda packet there is a copy of the contractor agreement with John Esselink that Kevin Howlett discussed earlier this week. The purpose of the agreement is for Mr. Esselink to prepare the 2013 Medicare Cost Report. Chairman Trahan discussed the memorandum of understanding with SAFE Harbor to house the attorney for the Victim Assistance Program at the tribal complex.

2 MOTION by Patty Stevens to approve the memorandum of understanding with SAFE Harbor. Seconded by Lloyd Irvine. Carried, unanimous (10 present). ******** Break ******** Chairman Trahan presented for approval the noncompetitive contract with John Esselink to prepare the 2013 Medicare Cost Report. MOTION by Carole Lankford to approve the noncompetitive contract with John Esselink to prepare the 2013 Medicare Cost Report. Seconded by Leonard Gray. Carried, unanimous (8 present Patty Stevens and Vernon Finley out of the room). David Venters, Flathead Lake Blues Festival Treasurer; and Steve Pickles, Flathead Lake Blues Festival Board Member; requested permission to use the Salish Point Park August 14-17, 2014 for the Fourth Annual Flathead Lake Blues Festival that will take place August % of the ticket sales go to the Salish Point renovation fund. Tom McDonald, Natural Resources Department, had no objection to the request and recommended that a portion of the proceeds go back to the renovation fund again this year. The lawn and hillside cannot be used for day-use activities during the festival, but there is still access from the piers and the docks. The Tribes pay the electrical costs for this festival. MOTION by Carole Lankford to approve the use of the Salish Point Park August 14-17, 2014 for the Fourth Annual Flathead Lake Blues Festival. Seconded by Shelly Fyant. Carried, unanimous (10 present). Teresa Wall-McDonald, Tribal Lands Department, requested approval of a letter to Stan Speaks requesting assistance with the fee-to-trust process, and a sample letter to the Director of the Department of Revenue from Mr. Speaks regarding property tax exemptions. The CSKT must request that the Bureau of Indian Affairs certify annually if a property is still involved in the fee to trust process, in order for a tax exemption to be valid. This will be the first property tax annual certification to the Department of Revenue since the CSKT cosponsored the new property tax legislation. MOTION by Terry Pitts to approve the letter to Stan Speaks, including a sample letter to the Director of the Department of Revenue. Seconded by Patty Stevens. Carried, unanimous (9 present Ron Trahan out of the room). Page 2 of 12

3 Teresa Wall-McDonald, Tribal Lands Department, requested approval of a sole source contract with Dee Oakland, Oakland Right of Way Services, LLC in the amount of $8,000 for fiscal years 2014 and 2015 to assist with negotiations and right-of-way documents with the NorthWestern Energy and AVISTA Rights of Way, in addition to any others that may be needed. There are sufficient funds in the budget. The procurement policy allows for sole source contracts when there is only company that can provide a specialized service. MOTION by Carole Lankford to approve a sole source contract with Dee Oakland, Oakland Right of Way Services, LLC in the amount of $8,000 for fiscal years 2014 and 2015 to assist with negotiations and right-of-way documents with the NorthWestern Energy and AVISTA Rights of Way, in addition to any others that may be needed. Seconded by Bing Matt. Carried, unanimous (10 present). Teresa Wall-McDonald, Tribal Lands Department, presented for review and consideration a revised organizational chart, which includes two temporary positions. Teresa requested approval of a one-year temporary employee contract for a probate technician to be funded with 2012 year-end regional BIA funds. These funds are not usually reoccurring. This new position would be advertised. MOTION by Terry Pitts to approve a one-year temporary employee contract for a probate technician to be funded with 2012 year-end regional BIA funds. Seconded by Leonard TwoTeeth. Carried, unanimous (10 present). Teresa Wall-McDonald, Tribal Lands Department, requested approval of a oneyear temporary employee contract position for an entry level clerical position to assist in the Land Buy Back activities, such as tracking landowners dates of purchase offers, calling landowners, setting up appointments, etc. on an Excel data base. Teresa would like to fill it with a Fatherhood participant who is a tribal member. MOTION by Leonard Gray to approve a one-year temporary employee contract position for an entry level clerical position to assist in the Land Buy Back activities. Seconded by Carole Lankford. Carried, unanimous (10 present). Teresa Wall-McDonald, Tribal Lands Department, discussed the budget list for There are 28 different accounts within the department. Teresa requested approval of the revised organizational chart. MOTION by Patty Stevens to approve the revised organizational chart for the Tribal Lands Department. Seconded by Bing Matt. Carried, unanimous (10 present). Page 3 of 12

4 Teresa Wall-McDonald, Tribal Lands Department, requested that a Land Committee meeting be scheduled. ******** Break ******** Rich Janssen, Natural Resources Department, requested that he be reappointed to serve on the Lake County Solid Waste Management District s Board of Directors for a three-year term. Rich has been the Tribes representative since 2002 and he serves on this board on a volunteer basis with no compensation. MOTION by Terry Pitts to reappoint Rich Janssen to the Lake County Solid Waste Management District s Board of Directors as the CSKT s representative for a three-year term. Seconded by Leonard Gray. Carried, unanimous (10 present). Shelly Fyant would like some recycling bins at the Arlee Community Center. Council wants Rich to look at two sites in St. Ignatius, Arlee and Elmo. Rich Janssen will follow up. MOTION by Patty Stevens to direct the Natural Resources Department to research recycling sites in Arlee, St. Ignatius and Elmo and report back to council within 30 days. Seconded by Shelly Fyant. Carried, unanimous (10 present). Brian Lipscomb, Energy Keepers Inc.; and Rich Janssen, Natural Resources Department; requested approval of a cover letter and resolution to adopt the Columbia River Treaty Review Regional Recommendation to the United States Department of State. MOTION by Leonard Gray to approve the cover letter and resolution to adopt the Columbia River Treaty Review Regional Recommendation to the United States Department of State. Seconded by Shelly Fyant. Carried, 9 for; 0 opposed; 1 abstention (Vernon Finley). Vernon Finley, for the record, It s not that I don t support everything you ve said in concept, but I haven t had sufficient time to review all these documents. RESOLUTION RESOLUTION TO ADOPT THE COLUMBIA RIVER TREATY REVIEW REGIONAL RECOMMENDATION TO THE US DEPARTMENT OF STATE Page 4 of 12

5 BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES: WHEREAS, the existing Columbia River Treaty was narrowly designed to optimize hydropower generation and provide coordinated flood risk management, thereby, impacting tribal rights without any consultation and without prior and informed consent, damaging ecological function and negatively impacting tribal customs, economies and identities throughout the Basin. WHEREAS, the Columbia River Treaty was developed without consultation with, and consideration of, the trust and/or treaty rights of the Confederated Salish and Kootenai Tribes or the negative effects of the Columbia River Treaty on the Confederated Salish and Kootenai Tribes cultural and natural resources. WHEREAS, the Columbia Basin sovereign tribes have been excluded from the Columbia River Treaty s governance and implementation. WHEREAS, the Columbia River Treaty had, and continues to have, broad and significant effects on the ecology, economy and cultures of the entirety of the Columbia River Basin. WHEREAS, beneficiaries of the Columbia River Treaty have not adequately mitigated or compensated for the impacts to the resources and peoples severely harmed by the Treaty s effects. WHEREAS, the Confederated Salish and Kootenai Tribes have participated, at great expense of tribal human and financial resources, in the U.S. Entity s Sovereign Participation Process for the Columbia River Treaty Review in an attempt to identify and correct past injustices and reflect a broader role for the sovereign Columbia Basin Tribes. WHEREAS, as parties to the Sovereign Participation Process, the sovereign Columbia Basin Tribes have collaborated and coordinated with the U.S. Entity and other regional sovereigns to seek a high-level regional consensus for a modernized Columbia River Treaty. WHEREAS, neither the U.S. Entity s recommendation, nor the Confederated Salish and Kootenai Tribes endorsement of that recommendation, has any effect on existing rights nor authorities reserved under treaties or recognized through executive orders, the federal government s fiduciary and trust obligations, or future discussions above or below the 49 th Parallel. Page 5 of 12

6 NOW, THEREFORE, BE IT RESOLVED, the Confederated Salish and Kootenai Tribes hereby adopt the Columbia River Treaty Review Regional Recommendation and especially support the following major tenets of the regional recommendation as we understand them: Modernize the Columbia River Treaty by integrating ecosystem-based function as a third primary purpose of the Treaty, equal to the Treaty s obligations for the two countries to coordinate hydropower generation and flood risk management. Maintain and improve a comprehensive approach to cultural resources that identifies and addresses all impacts on both sides of the border caused by Columbia River Treaty operations. Pursue with Canada a post-2024 use of planned or assured Canadian storage for ongoing flood risk management as well as other purposes of the Columbia River Treaty. Recognize current operations as a solid platform to further augment spring and summer flows while stabilizing reservoir operations to benefit the ecosystem. Achieve a bilateral commitment to planning and implementing fish passage and reintroduction in the upper Columbia River Basin based on positive findings of planning and testing. In addition, modernized Treaty operations should not interfere with any opportunities to restore fish passage and reintroduction of anadromous and resident fish in other blocked areas of the Columbia River Basin. Rebalance the Canadian Entitlement to reflect the current value and shared benefits of coordinated operations for all three primary purposes in a modernized Columbia River Treaty of ecosystem-based function, hydropower, and flood risk management. The eventual appropriate rebalancing of benefits and costs is not predictable until further analysis, but it is intended to provide benefits to United States beneficiaries of all three primary purposes of a modernized Columbia River Treaty. Maintain, and reduce where possible, local and system flood risk through the Columbia River Treaty as well as through domestic actions such as new and/or improved infrastructure and reconnection of flood plains that will be identified in a comprehensive regional review. Page 6 of 12

7 Address Climate Change under the Columbia River Treaty in a comprehensive, coordinated, bilateral manner that includes studies, analysis, and an adaptive management process that effectively addresses new knowledge and changed conditions. BE IT FURTHER RESOLVED, the Confederated Salish and Kootenai Tribes continued support will focus on and pursue: Ongoing participation in the modernization and implementation of the Columbia River Treaty as sovereign nations including collaborative analysis, deliberation and decision-making for Treaty operations with regional sovereigns, U.S. Department of State, and other to ensure compliance with tribal treaty and trust rights. Expanding the scope of technical studies and operations to be bilateral in order to address basin-wide ecosystem-based function. Advising and supporting the U.S. Department of State on cultural and ecosystem-based function issues during the Treaty modernization process and subsequent implementation of a modernized Treaty. Ensuring that Treaty beneficiaries are accountable for measuring, monitoring, and mitigating the adverse effects of Treaty actions and impacts on tribal cultural resources including natural resources consistent with the definition adopted by the Columbia Basin tribes of Ecosystem-based Function (see attached). Continuing initiation of, and fine-tuning where already initiated, VarQ operations at basin reservoirs that appropriately balance ecosystembased function, hydropower production, and flood risk management. Planning for fish passage and reintroduction that is initiated bilaterally, and as soon as practicable, rather than waiting until 2024; and, ensuring that Tribes and First Nations have a primary role in fish passage planning and testing. Brian Lipscomb and Rich Janssen informed council of a meeting with the 15 Tribes that will take place February 3-5, 2014 in Spokane, Washington for the purpose of developing a strategy to meet with the Department of State and the Army Corps of Engineers regarding flood control studies and fish passage studies. Chairman Trahan out of the room meeting with Brian Lipscomb about the Kerr arbitration. Page 7 of 12

8 Rich Janssen and Mike Brown, Natural Resources Department, discussed the Lower Dry Fork Dam Stage II Modification project. S&K Environmental Restoration is the contractor on the project. It is estimated that it will be completed by mid-march, which is about two weeks behind schedule. The staff will be meeting with SKER to encourage the company to work a 24/7 schedule to get this project completed. SKER has been repeatedly notified and informed of the absolute necessity of completing the project by the contract deadline of March 1, Mike was directed to draft a letter from the tribal council to the S&K Technologies Board of Directors regarding this project deadline. Rich Janssen and Mike Brown, Natural Resources Department, requested approval of a resolution that prioritizes projects for the Transportation Improvement Program. Chairman Trahan returned to the meeting. MOTION by Carole Lankford to approve the resolution prioritizing projects for the Tribal Roads Program for the years as stated in the 2014 Transportation Improvement Program. Seconded by Patty Stevens. Carried, 10 for; 0 opposed; 0 not voting. RESOLUTION RESOLUTION PRIORITIZING PROJECTS FOR THE TRIBAL ROADS PROGRAM FOR THE YEARS AS STATED IN THE 2014 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES THAT: WHEREAS, the Tribal Council of the Confederated Salish and Kootenai Tribes is the duly recognized governing body of the Flathead Reservation with the responsibility to assure that Tribal transportation needs are met; and WHEREAS, the Tribal Council recognizes the need for an integrated transportation system to link Flathead Reservation residents with cultural, economic, health, educational, and recreational resources; and WHEREAS, the Tribal Council of the Confederated Salish and Kootenai Tribes receive Tribal Transportation Program (TPP) funds under the authority of the Moving Ahead for Progress in the 21 st Century (MAP-21). The Tribal Transportation Program use these funds for transportation projects on the Indian Reservation Road System on the Flathead Indian Reservation; and Page 8 of 12

9 WHEREAS, the Tribal Council of the Confederated Salish and Kootenai Tribes receive Transportation Improvement funds from other sources such as the State of Montana Community Transportation Enhancement Program (CTEP), and others sources; and WHEREAS, the Transportation Projects shall be prioritized by the Tribal governing body, as listed below, for fiscal years : On-going and Funded Construction Projects 1. Pewlosap Lane (Sundown Homesites) 2. Michel Road Bridge Replacement Project 3. Timberlane Pedestrian Pathway Phase I Road Construction Projects 1. Elmo West (Ktunaxa Loop) 2. Nancy Joseph 3. Dixon Homesites (Old Agency) 4. South Arlee Homesites 5. South Valley Creek Homesites 6. Hot Springs Homesites Bridge Construction Projects 1. Revais Creek Bridge (BIA 825) 2. Crow Creek Bridge 3. Terrace Lake Road Bridge 4. North Valley Creek Bridge Pedestrian Pathway Projects 1. Hot Springs Walkway 2. Timberlane Phase 2 3. Timberlane Phase 3 4. Hot Springs Urban Pathways 5. St. Ignatius Walkway Transit Program Projects 1. Acquire Medically Equipped Vehicle 2. Replace Transport Vehicles & Add Passenger Shelters 3. Replace Used Passenger Transport Vehicles 4. Replace Used Passenger Transport Vehicles Road Maintenance Projects 1. Snowplow & Sand BIA Paved Roads 2. Sweeping of BIA Paved Roads 3. Right-of-Way Mowing & Weed Spraying 4. Brush Removal from Right-of-Way Page 9 of 12

10 5. McDonald Dam Road & Mission Dam Road Grading 6. Miscellaneous Blading/Grading/ Culvert Installation / Asphalt Maintenance 7. Signage Replacement & Striping HIGH PRIORITY PROJECTS 1. Michel Road & Bridge and Terrace Lake Road 2. North Pablo Frontage Road 3. Jocko Road Surfacing TRANSPORTATION SAFETY PROJECTS 1. Powwow Road Street Lights 2. Intersection Safety Studies 3. Flathead Reservation Transportation Safety Audit & Update 4. Handicap Ramp Rehabilitation Project 5. Bridge Approach Guardrails 6. Reservation Wide Railroad Crossing Safety Signage and Signalization NOW THEREFORE, BE IT RESOLVED that the Tribal Council prioritizes the aforementioned projects as listed, which shall supersede all previously dated resolutions; BE IT FURTHER RESOLVED that the aforementioned transportation improvement projects are listed with details in the 2014 Flathead Reservation Transportation Improvement Program (TIP); BE IT FURTHER RESOLVED that the Tribal Council will grant permission for the necessary right-of-way for the above projects, which are located on and within Tribal land. Brian Lipscomb, Energy Keepers Inc.; and Ranald McDonald, Legal Department; requested to meet with council in executive session to discuss a legal matter. Council reconvened into regular session. MOTION by Carole Lankford to authorize the Tribal Legal Department and VanNess Feldman to file an immediate Motion to Intervene and encourage the Federal Energy Regulatory Commission to reject the application since it does not include us. Seconded by Leonard Gray. Carried, unanimous (9 present Bing Matt out of the room). Vernon Finley was asked by Frank Tyro to provide the welcoming remarks at the Second Annual Cinema Fest during the time that he will be at the Kerr arbitration hearings. Council will have someone else provide the welcoming. Page 10 of 12

11 ******** Lunch ******** Dr. Linda Reksten, Polson School District Superintendent; Michael Leadercharge and Caroline McDonald, Polson School Board Members; and Tim Finkbeiner, Linderman School Principal; presented the American Indian Education Report for Polson School District No. 23. Terry Pitts requested that the report s data reflect the number of American Indian students that are CSKT members. Vernon Finley would like to know the number of staff vs. the number of students. Lloyd Irvine suggested developing a mentoring program for the students. ******** Break ******** Jim Durglo, Tribal Forestry; Adrian Leighton, Salish Kootenai College; Laurel James, Dan Schwartz and Blake Hough, University of Washington; Shelly Pressley, Washington State; and Tom Richards, Northwest Management, Inc.; gave a report on the Northwest Advanced Renewable Alliance Tribal Partnership Projects. The NARA is funded by the United States Department of Agriculture to bring partners together to explore the potential economic, natural resource and development impacts of biofuels. The CSKT is currently involved in a study that is funded by the NARA to estimate available biomass from tribal lands to help supply a regional biofuel conversion facility. The Flathead Indian Reservation is centrally located and could play a key role in over-all project development. Vern Clairmont, Financial Management, presented a request to increase the $1,000,000 certificate of deposit at Eagle Bank by $1,000,000 to allow the bank to be able to provide all of S&K Electronics, Inc. line of credit needs as well as the company s other banking needs. SKE would then be able to use a line of credit at Eagle Bank at a lower interest rate since the $2,000,000 line of credit would be a guaranteed loan. The $1,000,000 would be moved from its current investment fund to the bank and earn a higher interest rate. MOTION by Bing Matt to increase the current $1,000,000 certificate of deposit at Eagle Bank by $1,000,000 to allow the bank to be able to provide all of S&K Electronics, Inc. line of credit and other banking needs. Seconded by Carole Lankford. Carried, unanimous (10 present). ******** Break ******** Leonard TwoTeeth discussed the Salazar money. He has had constituents asking questions about the settlement and he wanted to know the plan for the money. Council explained that the money is in an investment account and there is an approved policy in place that outlines how to access the funds. Page 11 of 12

12 John Harrison and Ranald McDonald, Legal Department; and Vern Clairmont, Financial Management; explained the difference between the Cobell vs. Salazar case and the Nez Perce vs. Salazar case. $67 million from the Nez Perce settlement was put into the dedicated trust fund that was established. The principal balance would be invested and up to 97 percent of the interest earned that year could be appropriated the following year. MOTION by Carole Lankford to adjourn the meeting. Seconded by Lloyd Irvine. Carried, unanimous (10 present). Council adjourned at 3:57 p.m., and is scheduled to meet again on Tuesday, January 21, 2014, at 9:00 a.m. CONFEDERATED SALISH AND KOOTENAI TRIBES /sgnd/ James Bing Matt Tribal Secretary Page 12 of 12