Minutes of a regular meeting of the Bois Forte Reservation Tribal Council held July 31, 2014 at the Lake Vermilion Sector of the Bois Forte Reservation, Minnesota.
Meeting called to order at 9:28 a.m.
Members Present: Kevin W. Leecy; David C. Morrison, Sr.; Brandon Benner;
Karlene Chosa; Ray Toutloff
Members Absent: None
Others Present: Corey Strong; Mark Anderson; Gene Goodsky; Vicki Villebrun; Louise Isham; Kay Davis; Ira Brown; Miranda Lilya; Andy Datko; Joel Astleford; Robert Matis; Jennie Rowland; Carlos Hernandez; Kim Greiner; Kathie Holman; Randy Long; Ronald King; Dawybe Chosa; Bill Latady; Tom Rukavina; Linda Tibbetts-Barto; Donald Chosa Jr.; Rose Berens; Peggy Connor; Hank Mesabi; Mary Strong; Esther Connor; Mark Anderson; Brad Anderson; Lester Drift Sr.; Karen Drift; Sidra Starkovich; Beverly Steel; Jennie Woodenfrog; Marybelle Isham; Tom Burr; Stan Day; Carol Burr; Tara Geshick; Julia Wilde; Mary Ann Juliano; Christine Bloom-Lundemo; Gordon Adams Jr.; George Strong; Janell Smith; Norm Adams; Dawn Benner; Gary Gotchnik; Duane Goggleye
Moved by Ray Toutloff; seconded by David Morrison Sr.; to approve the agenda with the following changes: add Linda Tibbetts-Barto and Karlene Chosa who are presenting a plaque to the Tribal Council for sponsorship of the Powwow for Hope; add Andy Datko with a letter to the Minnesota Department of Transportation re the detours on Hwy 169; and removed the MOU between the Emergency Program and the Transportation Program. Carried 4-0-0.
Moved by Karlene Chosa; seconded by Ray Toutloff; to approve the minutes of a special meeting held June 25, 2014 at Nett Lake, Minnesota. Carried 4-0-0.
Elders Committee: Donald Chosa Jr. said the Immersion Camp went well this year. Forty children attended. Activities they did at the camp were language sessions, plant identification, canoeing, cooking traditional meals, fry bread contest, storytelling, traditional games, making moccasins, birch bark and black ash baskets, and swimming.
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Donald said there is some concern about the “We Support Mining” signs that were put under the reservation signs as you come into the reservation. Donald said it was suggested those signs be taken down until a community meeting or a town meeting is held so discussion can be held on them. He said no one knows who put the signs up.
Chairman Leecy asks Joel Astleford to have the Public Works department take down all those signs that are on government property.
Peggy Connor thanks Big Woods Transit because they are always assisting the elder when rides are needed for their functions. Peggy said Jennie Rowland is applying for a grant for a van that will be used 30 hours a week exclusively for the elders.
Peggy Connor said she works on the “Honor Our Warriors” logbook. She said there are 11 veterans from Bois Forte that received the Purple Heart. She submitted their names for the National Purple Heart Hall of Honor and the first one that was approved for it was Leo Curry who received his Purple Heart in World War II. He served in the Army from 1941-1945. The second one that was approved for the National Purple Heart Hall of Honor was Albert Strong who received three Purple Hearts in World War II. He served in the Army from 1941-1945.
Karlene Chosa thanks the elders for all they are doing, especially with the language. A language revitalization grant was received from the Minnesota Indian Affairs Council and Karlene thanks everyone who helped with the grant. She said the language is very important, especially the culture and we needs to keep up with the revitalization of our language and culture.
Chairman Leecy said as chairman of the Minnesota Indian Affairs Council they will continue to support Bois Forte on the language efforts.
New tribal government employees: Carol Burr introduces Lance Kingbird who is the new Compliance Specialist for Housing.
Chief of Police Robert Mathis introduces Carlos Hernandez who is the new tribal police officer.
Chairman Leecy administers the Oath of Office to Carlos Hernandez for the Law Enforcement Officer position.
Corey Strong introduces Louise Isham who is the new Senior Executive Coordinator.
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Tom Rukavina introduces himself to the council and audience. He is a candidate for the St. Louis County Commissioner for District 4. He gives a short presentation on his experience and a little on what he plans to do if elected.
Karlene Chosa and Linda Tibbetts-Barto present a plaque to the tribal council from the American Indian Cancer Foundation for sponsorship for the 2014 Pow Wow for Hope. Bois Forte had a team who did four fundraising activities and the tribal council matched $1,000 of what they raised. The team was the top fundraising group with over $2,200 raised. Linda thanks everyone who helped with the fundraising and who donated items.
Chairman Leecy thanks them for their hard work. He said cancer has approached the number one cause of death for American Indian people and is a growing concern among Indian Country and we need to support organizations like this.
Moved by Brandon Benner; seconded by Ray Toutloff; to approve the request from Tara Geshick to sole source a contract with Chris Holm for technical writing and administration for the Environmental Protection Agency (EPA) Water Quality 106 Program. Carried 4-0-0.
Moved by Ray Toutloff; seconded by Karlene Chosa; to adopt resolution #117-2014, grant application to the U.S. Department of Housing and Urban Development Indian Community Development Block Grant (ICDBG) Program for funding to rehabilitate income eligible privately owned homes in the communities of Nett Lake and Vermilion and committing $200,00 for the rehabilitation project. Carried 4-0-0.
Moved by David Morrison Sr.; seconded by Ray Toutloff; to approve the MOA with Indian Health Service for the AC Water Main Replacement project in Nett Lake. This will affect 78 homes. This will be EPA funded. Carried 4-0-0.
Joel Astleford is to notify the Band members in Nett Lake by mail that the water main replacement will be taking place and when.
Kay Davis said the Assisted Living Center still has black water. Joel Astleford said it is not from the water coming into the building, it is from the hot water heater. It is a propane water heater and the heat you get out of propane reacts with a chemical that has to be used in the water. Ray Toutloff asks if an electric water heater would work. Joel said yes, that the reason they were trying to correct the propane water heater was because it is a new one which cost $8,000.
Joel Astleford is directed to get a new water heater. Joel will price out a new hot water heater and sell the propane water heater.
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Joel Astleford informs the council that the county initially set 2020 to work on Hitchcock Road (road to Indian Point). The county was even talking about turning it back into a gravel road. Joel has been talking with the county engineers to see if Bois Forte put money in that project, if that project could be moved up. That is a million dollar project and if Bois Forte put $500,000 in, the project could be moved to 2016. The county is surveying the road right now. The county will draft a partnership agreement which Joel will have Mark Anderson review and then Joel will present it to the council. Joel said he will set aside $250,000 each year for the next two years.
Moved by Ray Toutloff; seconded by David Morrison Sr.; to approve a Joint Agreement with St. Louis County for the Hitchcock Road project. Carried 4-0-0.
Jennie Rowland is requesting to modify the bus driver job description for applicants to have a valid class CDL license or the ability to get one within 90 days. The individual would get their permit, and then they would be trained on the vehicle they would be driving in order to obtain their CDL license. Jennie feels this would allow more opportunity of employment for community members.
Moved by Ray Toutloff; seconded by Karlene Chosa; to approve the modification of the Bus Driver job description to add “or the ability to get one within 90 days” in regard to drivers licenses. So it will be “A valid class CDL license or the ability to get one within 90 days”. Carried 4-0-0.
Andy Datko informs the Council the FY2013 ICDBG project is underway. It involves the rehabilitation/renovation of low-income rental housing units. Under Federal regulations, any houses built before 1978 must be tested for lead paint. Most of the houses had been tested but there are three houses on the list which the lead paint test results could not be found. Andy is requesting to have the three houses tested by a certified lead paint tester so work can start on them.
Moved by Ray Toutloff; seconded by Brandon Benner; to approve to contract with Miller Testing & Consulting for lead paint testing on three homes, at a cost of $1,575.00. Carried 4-0-0.
Moved by David Morrison Sr.; seconded by Ray Toutloff; to approve a letter be sent to MNDOT regarding the economic concerns for the Band’s businesses and concerns for safety relating to detours on Hwy 169 from Tower to Ely. Carried 4-0-0.
Sidra Starkovich is requesting a letter of support for the Lake Vermilion Trail National Park Service (NPS) Assistance Program grant application for the Lake Vermilion Trail Project which is a non-motorized trail route for the Lake Vermilion area and primarily along Hwy 77 starting in Cook. The plan will include a ferry system at the end of the road on Lake Vermilion Reservation. Sidra said this could potentially gain
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the Band points for future grants to put in a new trail system at Vermilion or add to the trail system on Bois Forte Road.
Moved by Karlene Chosa; seconded by Ray Toutloff; to approve the letter of support with adding the suggestion they start the project on the Lake Vermilion Reservation and that Bois Forte is the largest single tax contributor to the Lake Vermilion Resort Association. Carried 4-0-0.
Moved by Ray Toutloff; seconded by Brandon Benner; to approve the contract with Range Electric to install a backup generator at the Bois Forte Police Department. Carried 4-0-0.
Discussion on the proposals from Ed Isham to revitalize the reservation boundary and cemetery signs. Karlene Chosa said for the past couple of years while serving on various committees and listening to the elders, they would like the signs be replaced and in Anishinaabe names at both Nett Lake and Vermilion. Karlene suggest holding off on this and get the elders input. Donald Chosa Jr. said the culture committee wants to have input on the signs and the spelling. Dawn Benner asks if the sign project needs to be bid because there are a lot of artists that would probably want to bid on the project. Kim Greiner said anything over $5,000 needs to be put on bid. Chairman Leecy said the cost for this proposal is a little over $5,000. Kim said it would need to be bid out. Gordon Adams Jr. said he suggested to Ed that he make prototypes of the signs and present it to the elders, the council. And if it needs to be bid, then have the bidders make prototypes of the signs.
Karlene Chosa said all of the islands on Nett Lake have Anishinaabe names and Karlene said she suggested a plaque be put at Girl’s Landing that has a map and lists all the islands with their Anishinaabe names.
Chairman Leecy tells Gordon Adams Jr. that with all the discussion and input here today, that it should be sent back to the elder committee for input and to the community for community and brought back under the bid policy.
Brandon Benner asks Kim Greiner that for the various projects like this, how she feels when the contractors owe the Band money. Kim Greiner said she feels the contractors should pay too.
Moved by Ray Toutloff; seconded by Brandon Benner; to table the Reservation Boundary and Cemetery Signs project. Carried 4-0-0.
Corey Strong said he will come up with a form of a Request for Proposals and run it by the elder committee, and then it could be put out for bid. Corey asks Donald Chosa Jr. when the next elder committee meeting is. Donald said August 11.
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Moved by Brandon Benner; seconded by Karlene Chosa; to approve the Agreement with Radio Advertising Inc. for sales agent services for KBFT Radio. Carried 4-0-0.
Moved by Brandon Benner; seconded by Ray Toutloff; to approve the In-Progress agreement with Kristine Sorenson for a 5 day radio workshop to be held in August for teens ages 12-20 and will provide radio pieces for air on KBFT Radio. Carried 4-0-0.
Discussion on the residential lease for John Day. Peggy Connor addresses the Council about the lot lines. She said Tom Burr surveyed the lots and gave her less land and John more. Peggy has her lease agreement with a legal description. Tom Burr said the lots were re-surveyed and to be fair it was split down the middle. Tom said the new survey gave Peggy more acreage.
Moved by Karlene Chosa; to table resolution #3-2015, residential lease, John Day, for additional discussion. Chairman Leecy calls for a second. Chairman Leecy calls for a second again. Seconded by Ray Toutloff; with a council to have a study session to be held and Tom Burr and Peggy Connor to get all their details. Carried 4-0-0.
Moved by Ray Toutloff; seconded by David Morrison Sr.; to adopt resolution #4-2015, lease cancellation, Rosemary Berens. Carried 4-0-0.
Moved by Ray Toutloff; seconded by David Morrison Sr.; to adopt resolution #5-2015, recreational lease, Wayne Edward Isham. Carried 4-0-0.
Moved by Ray Toutloff; seconded by David Morrison Sr.; to adopt resolution #6-2015, lease cancellation, Curtis Sheehy. Carried 4-0-0.
Moved by Ray Toutloff; seconded by David Morrison Sr.; to adopt resolution #7-2015, residential lease, William F. O’Leary. Carried 4-0-0.
Moved by David Morrison Sr.; seconded by Ray Toutloff; to adopt resolution #8-2015, recreational lease, Craig A. Gilbert. Carried 4-0-0.
Moved by Ray Toutloff; seconded by David Morrison Sr.; to adopt resolution #9-2015, lease modification, adding Brennon W. Strong to Gary Wayne Adams lease, and adjusting annual rental rate from $1.00 to $0.00. Carried 4-0-0.
Moved by Brandon Benner; seconded by Karlene Chosa; to adopt resolution #10-2015, recreational lease, Lisa Gulso-Brethorst and Arlene Gulso. Carried 4-0-0.
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Moved by Brandon Benner; seconded by Ray Toutloff; to adopt resolution #11-2015, lease modification, adding Neil Francis King to Trudy King lease, and adjust annual rental rate from $1.00 to $0.00. Carried 4-0-0.
Ira Brown asks the Council about allotted and non-allotted land, platted and leased land. Corey Strong said the land in trust is owned by the Federal government and the Band manages it. There is a 50-year plan that was put together. A Zoning Ordinance was developed and whether it is a new home or a clinic, it has to go through the process.
Tara Geshick is to set up a public meeting for the BIA to come up and explain the leasing process and other questions on the land.
Charles Goggleye Jr. asks about land he owns on the reservation, he asks if he can just go and build on it or if he needs to go through a process. Mark Anderson said it depends on who all the owners are. Corey Strong tells Charles to go see Tom Burr in Realty and Tom can get Charles a list of all the owners for the land he is talking about.
Moved by Brandon Benner; seconded by David Morrison Sr.; to approve pharmacy agreement with Navitus Health Solutions, LLC. This is so Health can be reimbursed for prescriptions. Carried 4-0-0.
Moved by Karlene Chosa; seconded by Ray Toutloff; to adopt resolution #12-2015, incorporating 25 CFR Part 547 in its entirety into the Bois Forte Minimum Internal Controls (MICS), for Class II Gaming, effective immediately. Carried 4-0-0.
Moved by Ray Toutloff; seconded by Brandon Benner; to adopt resolution #13-2015, support of S.1507 and H.R. 3043, legislation that will make the tribal general welfare exclusion part of Federal law. Carried 4-0-0.
Moved by Karlene Chosa; seconded by Brandon Benner; to adjourn at 11:17 a.m. Carried 4-0-0.