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

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1 TRIBAL COUNCIL MEETING MINUTES OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN NATION, MONTANA Volume 09 Number 53 Held: Council Chambers, Pablo, MT Approved: June 4, 2009 MEMBERS PRESENT: James Steele, Jr., Chairman; Ernest Bud Moran, Vice-Chairman; Steve Lozar, Secretary; Jim Malatare, Treasurer; Terry Pitts; Michel Mike Kenmille; Reuben Mathias; Carole Lankford; and Charlie Morigeau. MEMBERS ABSENT: Joe Durglo (State-Tribal Economic Development Meeting Helena, Montana). OTHERS PRESENT: Jane Clairmont, Acting Executive Secretary; and Abby Dupuis, Recording Secretary. The meeting was called to order at 9:05 a.m. Quorum established. The meeting was opened with a prayer by Bud Moran. The Tribal Council Meeting Minutes for May 12, 2009 were presented for approval. Carole Lankford reported that Nkwusm raised $107,000 at its fundraiser in Missoula. Mike Kenmille reported that the Affiliated Tribes of Northwest Indians Elders Committee took a stand on having to get passports to cross the border. Tribal Attorney Stu Levit wrote a memo on this issue. MOTION by Carole Lankford to approve the Tribal Council Meeting Minutes for May 12, 2009, with corrections. Seconded by Charlie Morigeau. Carried, unanimous (8 present). The agenda was presented for approval. MOTION by Carole Lankford to approve the agenda, with changes. Seconded by Terry Pitts. Carried, unanimous (8 present). Kay Neiss, Tribal Member, informed council that the resolution passed increasing the blood degrees made in administrative error brought her degree to one-half and therefore would bring her son to one-quarter and eligible to be enrolled. Her son lives in Phoenix, Arizona, and is

2 incompetent to fill out the enrollment application. Kay filled out enrollment papers for him but was told he needs to sign the enrollment application. The policy requires Kay s son to sign the paperwork since he is over the age of 18. Council wondered if Kay could obtain a power of attorney. Social Security Disability denied him services, and Kay is in the process of appealing the denial. Steve Lozar was willing to assist Kay in the appeal process. The court could assign Kay as her son s guardian if he is deemed incompetent. Council referred Kay to the Tribal Defenders Office. Reuben Mathias joined the meeting. Alfred Mike McLeod, Tribal Member, requested approval to take his son, Mike McLeod, a descendant, hunting with him on the reservation to assist with retrieving, due to Mr. McLeod being totally disabled. Mr. McLeod had a statement from the Veteran s Office showing he is 100 percent disabled. Council directed Jane Clairmont to notify Fish and Game that Mike McLeod would be allowed to accompany Alfred McLeod while hunting only to assist in retrieving. It was the consensus of council to authorize Mike McLeod to assist Alfred Mike McLeod to assist with retrieving big game on the reservation, due to Mr. McLeod being disabled. Bea Noble, Salish Kootenai Housing Authority, requested approval of a resolution supporting submittal of the Rural Housing and Development Program. MOTION by Bud Moran to approve the resolution supporting submittal of the Rural Housing and Development Program. Seconded by Jim Malatare. Carried, 9 for; 0 opposed; 0 not voting. RESOLUTION RESOLUTION SUPPORTING THE SUBMITTAL OF THE RURAL HOUSING AND DEVELOPMENT PROGRAM BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES THAT, WHEREAS, the Confederated Salish and Kootenai Tribes have established the Salish and Kootenai Housing Authority; and WHEREAS, the mission of the Housing Authority is to provide the highest quality, affordable housing to the people of the Flathead Page 2 of 14

3 Reservation, utilizing all resources to insure that services are provided in an efficient, economical and timely manner; and WHEREAS, the Salish and Kootenai Housing Authority wish to apply for funds announced under the HUD Rural Housing and Development for Homeownership Assistance. NOW, THEREFORE, BE IT RESOLVED, by the Tribal Council of the Confederated Salish and Kootenai Tribes that the Executive Secretary and the Tribal Council Chairman are authorized to negotiate and execute the grant and or contract documents and any amendments thereto. Bob Houle and Mike Houle, Tribal Members, requested to meet with council in executive session to discuss a personal matter. Nate Shourds, Tribal Lands Department, was present for discussion. Council reconvened into regular session. MOTION by Carole Lankford to add Mike Houle to Bob Houle s lease. Seconded by Charlie Morigeau. Carried, unanimous (9 present). It was the consensus of council to authorize Bob Houle to proceed with a test well on his lease at his own expense, pending review by the Preservation Department. Francis Cahoon, Tribal Member, requested to meet with council in executive session to discuss a personal matter. Lissa Peel, Indian Preference Office, joined the discussion. Ranald McDonald, Legal Department, joined the discussion. Steve Hughes; and Ranald McDonald, Legal Department; requested to meet with council in executive session to discuss a personal matter. Council reconvened into regular session. MOTION by Steve Lozar to allow Steve Hughes to use the mainline and pump for irrigation for the first cutting this season. Seconded by Carole Lankford. Carried, unanimous (9 present). Council informed Nate Shourds and Melissa Michel, Tribal Lands Department, of the action they took to allow Steve Hughes to use the mainline and pump for the first cutting this season, and then Steve will find a different delivery point after that. Nate reported that he could not respond to this issue since his daughter has the lease. Melissa Michel responded that per council action the Tribes and lessee showed no Page 3 of 14

4 interest in a sublease or use of the pivot or pump, so they sent a letter to Cal Christian. Melissa said there needs to be a solid agreement on the fees and turn-on. Steve advised that Cal said he put in the underground power from the pump to the pivot. Terry Pitts does not want to create more of a problem, and Lands and Steve need to have a conversation. Mr. Hughes will have his cutting completed within a week. Council wants it clarified who owns the pump. Carole Lankford had concerns of the delay of six weeks on this issue. In the future, Lands needs to try to expedite these issues, such as Mr. Hughes s, which jeopardizes Steve s crop. Melissa said this was in council one month ago and it was brought in as soon as Wanda Salomon responded whether she wanted to enter into an agreement. She didn t want to pay $2200 to Cal for use of the pivot. Steve said a year ago, he got a letter from Lands not to use the pump and power. Cal called Lands and an agreement was made verbally to use it last year and it would be resolved. Steve leases Cal s land and the power hookup is in Steve s name. He pays for the pump hookup now. Ranald McDonald will search the title record when the land was purchased from Joe Dupuis and find out who owns what. Wanda Salomon joined the meeting and reported that she is putting in a wheel line in the next few days; the field will be planted today. Council informed Wanda they took action to let Steve use the mainline and pump for his first cutting, which will be for this week probably. Wanda has not ordered water and has not obtained the mainline yet. Council told everybody to work it out. Mr. Hughes said he could get the watering done within 64 hours. ******** Break ******** John Schnase, Boys and Girls Club, requested approval of a resolution authorizing the Boys and Girls Club of Lake County to participate and accept funding on behalf of the community from the Department of Justice, Office of Justice Programs to support the Boys and Girls Clubs of America s Programs for Youth. MOTION by Carole Lankford to approve the resolution authorizing the Boys and Girls Club of Lake County to participate and accept funding on behalf of the community from the Department of Justice, Office of Justice Programs to support the Boys and Girls Clubs of America s Programs for Youth. Seconded by Charlie Morigeau. Carried, 7 for; 0 opposed; 2 not voting (Mike Kenmille and Steve Lozar out of the room). RESOLUTION A RESOLUTION AUTHORIZING THE BOYS AND GIRLS CLUB(S) OF LAKE COUNTY TO PARTICIPATE AND ACCEPT FUNDING ON BEHALF Page 4 of 14

5 OF THE COMMUNITY FROM THE DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS TO SUPPORT THE BOYS AND GIRLS CLUBS OF AMERICA S PROGRAMS FOR YOUTH BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES THAT: WHEREAS, the Flathead Nation, since time immemorial, has exercised the sovereign rights of self-government on behalf of the Salish, Kootenai and Pend d Oreille people; and WHEREAS, the Flathead Nation is a federally recognized Indian Nation with a historic and continuing government to government relationship with the United States of America; and WHEREAS, the Tribal Council is the governing body of the Flathead Nation; and WHEREAS, the Tribal Council is empowered under the Constitution and Bylaws of the Flathead Nation to promote and protect the health, peace, morals, education, and general welfare of the Flathead Nation, the communities and its citizens; and WHEREAS, the safety and well-being of the Flathead Nation, the communities and its citizens is a high priority to the Tribal Council; and WHEREAS, the Department of Justice, Office of Justice Programs (OJP) provides grant funds to establish and implement programs for our youth; and WHEREAS, the Boys and Girls Club(s) of Lake County were selected as a site in Indian Country to apply and participate in OJP funding; and WHEREAS, the Boys and Girls Club(s) of Lake County will work with the OJP to establish the delivery of services to youth; and WHEREAS, the OJP will provide the Boys and Girls Club(s) of Lake County with funding to assist in the implementation of the plans to include funding for staff, training and equipment; and WHEREAS, the Tribal Council has determined that it is in the best interest of the communities for The Boys and Girls Clubs of Lake County to participate in the OJP funded programs; NOW, THEREFORE, BE IT RESOLVED that the Tribal Council of the Confederated Salish and Kootenai Tribes hereby authorizes The Boys and Girls Clubs of Lake Page 5 of 14

6 County to participate in and accept OJP funds on behalf of the communities to support these programs; and BE IT FURTHER RESOLVED that the Tribal Chairman and his designated representative are authorized to sign any other documents or take any other necessary action to carry out the intent of this resolution. Kathy Felsman informed council that Sister Joan and Sister Delores are retiring and there will be a community dinner in Arlee. Kathy invited council to attend the dinner. Kathy requested that council donate meat for the dinner, a wake kit, and waive the rental fee for use of the Arlee Center. It is estimated that 250 people will attend the dinner on July 9. MOTION by Jim Malatare to donate meat for the dinner, a wake kit, and waive the rental fee for use of the Arlee Center. Seconded by Charlie Morigeau. Carried, unanimous (8 present). Carole Lankford thanked Jason Adams and his staff for assisting with the cleanup of the Sundown Homesites. Jason Adams, Salish Kootenai Housing Authority, discussed an invitation to meet with officials from the Department of Housing Urban Development; Arne Duncan, Secretary of Education and staff; Senator Jon Tester; and Governor Schweitzer on May 27, 2009, to discuss housing and education topics. Vern Clairmont, Ruth Swaney and Teresa Wall-McDonald, Budget Committee, provided the monthly budget report for the period ending April 30, There is a $1.6 million overrun, and there is a need to make some adjustments for the next four months to reduce expenditures for the remainder of this fiscal year. There will be a $1.5 million shortage for fiscal year Council had asked enterprises to increase their dividends. S&K Electronics did, and S&K Technologies did not. Net retained earnings from the tribal corporations technically belong to the shareholder. Eyleen Ryce, State of Montana Invasive Species Coordinator; and Clayton Matt, Natural Resources Department; gave a presentation on the State s plans and support for the developing plan for the Flathead Basin and the science behind the issues of Quagga and Zebra Mussels and the threat they pose. The Montana Aquatic Invasive Species Act was passed in 2009, which allows for cooperative agreements for the detection and control, gives rulemaking authority, and allows them to designate management areas. ******** Lunch ******** Page 6 of 14

7 Chairman Steele left the meeting on travel status to Billings to meet with officials from the Department of Housing Urban Development; Arne Duncan, Secretary of Education and staff; Senator Jon Tester; and Governor Schweitzer on May 27, 2009, to discuss housing and education topics. Kevin Howlett and Dr. Muzquiz, Tribal Health and Human Services; Dr. Patrick Beatty, Montana Cancer Institute Foundation; Dr. Mark Pershouse, Dr. Liz Putnam and Dr. Erica Woodahl, University of Montana; Dr. Wylie Burke and Dr. Ken Thummel, University of Washington; and Cindy Laukes, Montana Cancer Institute Foundation, Research Manager; gave an update on the pharmacogenomics research project with the University of Montana Pharmacy School and Montana Center Institute Foundation and requested approval for the council to endorse the project and include the University of Washington. Dr. Pershouse and Dr. Beatty provided a summary of the preliminary data. Researchers from the University of Washington and University of Montana will be applying for grant funding for a five-year period to focus on how people will respond to cancer treatments. They would like to work in partnership with the CSKT and offer appropriate opportunities to participate in projects. MOTION by Carole Lankford to endorse the project, including the University of Washington. Seconded by Terry Pitts. Carried, unanimous (8 present). Dr. Persehouse informed council that all persons over the age of 50 should have a colonoscopy screening. A screening helps prevent cancer if polyps are removed. There is money available from the stimulus package with medical providers and community organizations, which would educate, coordinate and try to make colonoscopies known available to the community. A doctor has agreed to make the colonoscopies available at a reasonable price at St. Patrick Hospital, Providence Center and St. Joseph s Hospital. The idea of the grant would be to minimize the costs. He requested the council s consent to move forward with the grant. MOTION by Carole Lankford to endorse the grant application. Seconded by Mike Kenmille. Carried, unanimous (8 present). Arlene Templer and Corky Sias, Department of Human Resources Development; Clarice Anderson and Kevin Howlett, Tribal Health and Human Services; discussed transportation services. DHRD received calls from 400 people per quarter wanting transportation to doctor Page 7 of 14

8 appointments. Chemo and dialysis transportation services will remain with Tribal Health. The CHR program has been in existence for many years and has traditionally been the backbone of transportation of Tribal Health in the past. Using DHRD will enhance the service. There will be a substantial savings to the THHS. DHRD will be reimbursed by THHS for its services. Council reviewed a proposed memorandum of understanding between the DHRD Department of Transportation and Tribal Health and Human Services for the period of June 1, 2009 through September 30, Clients must be CHS eligible. Bud Moran would like something worked out for weekend transportation for elders to go to Kalispell and Missoula, with at least a monthly trip to Spokane and Worley. Carole Lankford requested that the drivers receive elder sensitivity training. MOTION by Carole Lankford to approve the memorandum of understanding between the Department of Human Resources Development Department of Transportation and Tribal Health and Human Services for the period of June 1, 2009 through September 30, Seconded by Charlie Morigeau. Carried, unanimous (8 present). Pablo Chib Espinoza, Tom McDonald and Amanda Bourdon, Natural Resources Department, presented a request from Andy Hayes, Evaro Community Center, for a group use permit for a challenge along Mercer Lane in Evaro. MOTION by Jim Malatare to approve the group use permit for Andy Hays. Seconded by Charlie Morigeau. Carried, unanimous (8 present). Pablo Chib Espinoza, Tom McDonald and Amanda Bourdon, Natural Resources Department, presented a request from the Taverns Association to have an ATV ride over Ferry Basin on tribal land. They are a nonprofit organization and are raising money for programs they do locally. Amanda also proposed a different route for them, which was from Sloans Bridge to Buffalo Bridge. Reuben Mathias reported that the elders have spoken against that very strongly. Steve Lozar commented that it is ironic we are even having this conversation when the Taverns Association gives us grief and fights us with legislative issues, and then wants to ride ATVs on our tribal land. MOTION by Charlie Morigeau to deny the request from the Taverns Association. Seconded by Charlie Morigeau. Carried, unanimous (8 present). Terry Pitts said there is a group from Idaho that promotes riders, and he wondered if council should consider a different group size and charging Page 8 of 14

9 them. Chib Espinoza commented that he wrote up people from Idaho and Washington but it was less than 100 people; it was 11 people he cited. Chib Espinoza gave a report on a court case. Chib Espinoza and Tom McDonald talked about the existing agreement of the Fish and Game wardens being exofficio officers with the State for bird hunting and fishing. The agreement could be expanded for big game hunting and off-reservation areas if the council was interested. Discussion was held on the costs associated with the wardens doing that. Chib Espinoza asked what he should do with the grizzly bear hide, head and claws that were cleared this morning. Council directed Chib to report to both culture committees and then the council will take possession of the items. Tom McDonald and Germaine White, Natural Resources Department, presented for approval the final 2009 Kerr Mitigation submittals to send to the Department of Interior and the Federal Regulatory Commission. The proposed action is part of the annual departmental work plan and goals and would not require a modification to the plan. MOTION by Terry Pitts to approve the final 2009 Kerr Project Fiscal Year 2008 Annual Report and Projected Fiscal Year 2010 Work Plans and Submittals to the Federal Energy Regulatory Commission and Department of Interior. Seconded by Carole Lankford. Carried, unanimous (8 present). Mike Brown, Natural Resources Department, requested approval of a resolution to convene a tribal transportation planning committee. The committee would develop transportation projects on the reservation. The projects would include transit, rail, roads, bridges, pedestrian/bike pathways, trails, and other modes of transportation. The committee would prioritize the projects based upon need, use, location, and other important factors. The committee would also pursue various sources of funding, including annual BIA Road, BIA Bridge, MDT CTEP, and other grant source funding, and then present the project lists twice per year to the tribal council for consideration and approval. The committee would edit the Transportation Improvement Plan (TIP) and incorporate any changes, including the approved revised projects list, and then generate a TIP for council approval. The approved TIP would then be forwarded to the BIA and MDT. The committee members would consist of personnel from the Roads Program, DHRD, Lands, Maintenance, Forestry, and Housing Authority. The proposed action is not part of the annual Page 9 of 14

10 departmental work plan and goals and would not require a modification to the plan. Mike Kenmille discussed a cemetery road and read an that he received that said Mike Brown told someone he doesn t have money to fix it. Mike Brown responded that it is not an IRR road and not on the TIP, so council would need to direct him to put it on the TIP. MOTION by Reuben Mathias to approve the resolution to establish a tribal transportation planning committee. Seconded by Jim Malatare. Carried, 8 for; 0 opposed; 0 not voting. RESOLUTION RESOLUTION TO ESTABLISH A TRIBAL TRANSPORTATION PLANNING COMMITTEE 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 that planning is essential for an integrated transportation system to link Flathead Reservation residents with cultural, economic, health and recreational resources; and WHEREAS, the Tribal Council understands the need to plan transportation projects to be funded and implemented throughout the Reservation using BIA Road, Bridge, and Transit funds, as well as other sources of transportation project funds such as Montana Department of Transportation Community Transportation Enhancement Project funds; and WHEREAS, the Tribal Council recognizes the need for a Transportation Committee to identify potential transportation enhancement projects, and to prepare a prioritization of funding and implementation of projects for Tribal Council to consideration and approve, prioritization of projects based upon project need, efficiency, timing, sources of funding, and other important factors; NOW, THEREFORE, BE IT RESOLVED that the Tribal Council of the Confederated Salish and Kootenai Tribes organizes and establishes a Tribal Transportation Planning Committee consisting of Tribal personnel from Salish Kootenai Housing Authority, Department of Lands, Forestry Page 10 of 14

11 Department, Natural Resources Department Roads Program, Department of Human Resources & Development, and Maintenance Department; and BE IT FURTHER RESOLVED THAT, the Committee will convene at least twice per year to address the list of transportation projects, and to add or delete projects as well as re-prioritize projects for Tribal Council consideration and approval; and BE IT FURTHER RESOLVED THAT, the Committee will review the Transportation Improvement Plan (TIP) twice per year, and prepare changes to the TIP. The TIP will then be presented to Tribal Council for consideration and ultimate approval, and then forwarded to the Bureau of Indian Affairs and State of Montana Department of Transportation. Mike Brown, Natural Resources Department, requested approval of a resolution to adopt the Flathead Reservation Transportation Safety Management Plan. The plan was developed with input from a variety of agencies and individuals with the Tribe in cooperation with the Federal and State of Montana governments. The plan is intended to outline existing transportation safety programs and policies as well as identify issues and procedures or projects that can be implemented to further improve transportation safety for the Tribes, its people and visitors to the reservation. The plan would be forwarded to the Bureau of Indian Affairs and the Montana Department of Transportation for inclusion into their Safety Management Plans. The proposed action is not part of the annual departmental work plan and goals and would not require a modification of the plan. No action taken. Council placed the request on the fiveday rule. Mike reported that he attended the Montana Department of Transportation conference on their plan. In 2008 there were no traffic fatalities on our highway on the reservation. In 2007 there were 7 fatalities. Carole Lankford informed Mike Brown that Mr. Adams said from his house to the gate the road is really rough. Mike Brown said past the South Fork is a county road. Council directed Mike to follow up since our members use that road during the summer and to get it done right away; it is the county s responsibility to do it. Mike Brown, Natural Resources Department, requested to enter into an agreement with a contractor so that they may obtain materials from the Tribal Agency Pit located east of Arlee. The Roads program will be constructing the Chief Martin Charlo Road Improvement Project during the summer of The project will require 5,000 cubic yards of crushed based aggregate course. The Roads program would like to bid out the procurement of the aggregate and have it delivered to the project site and stockpiled so that it can be used when the project is conducted. Page 11 of 14

12 Procurement of the aggregate will be competitively bid to all interested suppliers. Since there is a nearby existing aggregate-making operation in the Tribal Agency Pit the two contractors in that pit may want to bid on supplying the aggregate from that pit. Any contractor wishing to obtain materials from that pit will have to enter into an agreement with the Tribes to mine the aggregate and possibly pay a royalty. The proposed action is not part of the annual departmental work plan and goals and would not require a modification to the plan. It was the consensus of council to allow Mike to proceed with bidding it out. Mike Brown, Natural Resources Department, discussed the vacant Roads Program Planner position. He wants to fill the workload. The program received $40,000 annually for roads planning. Mike needs those functions done and discussed options on how to accomplish the needs. Mike will bring back a proposed position description and contract. The proposed action is part of the annual departmental work plan and goals and would not require a modification to the plan. ******** Break ******** Rich Janssen, Natural Resources Department, requested approval to submit a Performance Partnership Grant application to the United States Environmental Protection Agency, which includes the Indian General Assistance program, Clean Air Act, and 106 Water Quality, (b) Wetlands, and Non-Point Source Work Plans and all necessary documentation. MOTION by Charlie Morigeau to approve by resolution the submission of a Performance Partnership Grant application to the United States Environmental Protection Agency. Seconded by Reuben Mathias. Carried, 8 for; 0 opposed; 0 not voting. RESOLUTION RESOLUTION TO APPROVE THE SUBMISSION OF A PPG APPLICATION TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY 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 considers protection of the environment on the Flathead Indian Reservation to be among its highest priorities; and Page 12 of 14

13 WHEREAS, the Natural Resources Department, Division of Environmental Protection is held with the responsibility of protection of the environment; and WHEREAS, the Tribes are eligible to apply for funds under the Performance Partnership Grant by consolidating the General Assistance Program Grant, the Clean Air Act Section 105 Grant, the Clean Water Act Section 106 grant, the Clean Water Act Section 319 grant, and the Clean Water Act 104 (3)(b) Wetlands into a PPG; NOW, THEREFORE, BE IT RESOLVED that the Environmental Protection Agency be requested to make funds available for a Performance Partnership Grant, for the period October 1, 2009 through September 30, 2010 to continue development of environmental protection program capability on the Flathead Reservation as described in the attached proposals; BE IT FURTHER RESOLVED that the Chairman of the Tribal Council and his designated representative are authorized to negotiate and execute this contract on behalf of the Tribes. Dan Lipscomb and Craig Pablo, Shoreline Protection, requested approval of the proposed ALCO fee schedule. In 2008, the Tribal Council directed the Shoreline Protection Board to adopt a fee schedule for Ordinance 87A to offset administrative costs due to administering the ordinance. The proposed action is part of the annual departmental work plan and goals and would not require a modification to the plan. MOTION by Steve Lozar to approve the ALCO Ordinance 87A fee schedule. Seconded by Charlie Morigeau. Carried, unanimous (8 present). Dan Lipscomb reported on the annual revenue generated from dock fees. Council responded that the ALCO fee schedule becomes effective June 1, Ann Sherwood, Tribal Defenders Office, requested approval of an attorney contract with Alison Garab to fill the civil attorney position. No tribal members applied for the position. Carole Lankford suggested that Alison receive sensitivity training. MOTION by Carole Lankford to approve by resolution an attorney contract with Alison Garab. Seconded by Reuben Mathias. Carried, 8 for; 0 opposed; 0 not voting. RESOLUTION Page 13 of 14

14 A RESOLUTION TO APPROVE AN ATTORNEY CONTRACT WITH ALISON GARAB BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES THAT: WHEREAS, the Confederated Salish and Kootenai Tribes of the Flathead Reservation wish to enter into an Attorney Contract with Alison Garab to provide representation in civil matters through the Tribal Defenders Office to Indians under the jurisdiction of the Tribal Court or the Montana State Courts of the local counties; and WHERES, it is the intent of all contracting parties that Alison Garab shall commence working under a contract with the Tribes according to terms and conditions stated therein; NOW, THEREFORE, BE IT RESOLVED, that beginning on May 28, 2009, Alison Garab shall provide representation in civil matters through the Tribal Defenders Office to Indians under the jurisdiction of the Tribal Court or the Montana State Courts of the local counties, until the expiration of this contract on September 30, Teresa Wall-McDonald, Administration, requested to meet with council in executive session. Council met in executive session. Council reconvened into regular session. Council adjourned at 4:58 p.m., and is scheduled to meet again on Thursday, May 28, 2009, at 9:00 a.m. CONFEDERATED SALISH AND KOOTENAI TRIBES /sgnd/ Jane Clairmont Acting Executive Secretary Page 14 of 14