Quil Ceda Village. Regular Council Meeting. November 24, Minutes. 9:25 A.M. Roll Call. Staff and Visitor

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Quil Ceda Village Regular Council Meeting Minutes 9:25 A.M. Roll Call President Stan Jones, Sr.-Present Council Member Glen Gobin-Present Council Member Tony Hatch-Absent, Attending another meeting Ex-Officio Chuck James Staff and Visitor Nina Reece, Village Clerk Juanita Diaz, Recording Secretary John McCoy, QCV General Manager Allison Warner, Special Projects Lisa Koop, Reservation Attorney Foley Cleveland, Property Management Patti Gobin, Strategic Budget Manager Tom McKinsey, Special Projects Carlos Echevarria, TTT Police Leo Joinette, EFO Greg Korn, Fire District 12 Kurt Nelson, Natural Resources Judy Gobin, B.O.D. Admin Assistant Debbie Bray, Construction Manager Teresa Meece, Events and Entertainment Mgr. Reid Allison, Reservation Attorney Steve Gobin, QCV Deputy General Manager Shelly Lacy, TTT General Manager Mike Taylor, Reservation Attorney Chief Smith, TTT Police Ken Kettler, Resort Casino President 1) Motion made by Glen Gobin to approve the regular Village agenda of as presented. Questions: 1

2) Motion made by Glen Gobin to approve the regular minutes of the regular Village Council Meeting of September 16, 2008. Questions: 3) Police Report Presented by Chief Smith Hand out given Oct. 1-Nov. 23, 2008 Discussions: Chief Smith, Debbie Bray, Chuck James, Sgt. Carlos Echevarria, The police will be enabling software for traffic incidents and will give a report at a later date. At this time they are currently using the State accidents report forms. Quil Ceda Village will be able to apply and use State/government grants for traffic. The tribal police have been coordinating with State Patrol on the Black Friday shopping holiday. The plan calls for a number of officers working 2 shifts to cover this event starting at 2:30 AM on Thursday November 26, 2008 through Friday evening. Officers will be placed at the lights to assist with the flow of traffic. During the shopping holiday there will be 14 officers on duty, 5 of them will be from the Washington State Patrol with cost of the officers shared by Quil Ceda Village and Seattle Premium Outlets (SPO). It is the goal of Tribal Police to control the traffic. There will be shuttles offered to customers parking at from Boom City. Once the Outlets parking lot is full, SPO security will close off the parking lot and direct traffic to the Boom City location. The Village Council would like to thank the Tribal Police for the job well done. Engineering Services 4) Motion made by Glen Gobin approving Resolution No 2008-031 approving the alternative selection A for the future development of the Village West of 27 th Avenue. Questions Wetlands Update Power Point Presentation Discussion: John McCoy, Steve Gobin, Glen Gobin, Debbie Bray, Ashley Warner, Tom McKinsey, There are 84 acres available for development on the east side 27 th Avenue in the Village and 1,500 acres on the west side that staff is looking at for development. Staff would like the Village Council to review the alternatives presented for the development of the remaining land. Alternative A would be the most cost efficient. Staff has worked along with Natural Resources for the construction of the project. Mitigation is needed for this project. The conservation has been maximized and should lure tenants and customers. This will give us an option to discuss with EPA. Full scale delineation is still needed. Several areas have been identified as wetlands and will need to be set aside and/or enhanced. Some areas would be recommended for fill. How were the cost analysis done? The numbers were done by staff who researched the market rate. Engineering companies were called on the rates. Staff has researched the cost thoroughly. Are the projections for today s dollars? This is for cost comparison. There is a margin of error. This presentation is for comparison purposes. Staff needs a decision choosing a plan so they may begin the permitting process. Plan A is what is best for the Tulalip Tribes. 2

Utilities & Environmental Services 5) Resolution No 2008-032 approving the purchase of two Electric trucks from MC Electric Vehicles for the Maintenance and Utilities Department use within Quil Ceda Village. The cost shall not exceed $25,000 per vehicle with funding coming from the unallocated 2008 tax revenue. **No Action taken on the Resolution Item placed on hold, pending further review Discussion: John McCoy, Glen Gobin, Steve Gobin, The vehicles will help assist with the cut down of fuel cost. The vehicles will be used within the Village boundaries. The speed is 25 mph. The cost of the vehicles would be less than $50,000. They are all electric. One department uses Tribal vehicles that average 10 MPG. These vehicles would be parked and used only when necessary instead of all the time to save fuel. Another department has staff using their personal vehicles and the cost are estimated to be over $500 per month. We need to be cautious on spending. Village Council would like to hold this item. Staff will bring a report to the Village council on the mileage and cost for fuel. Administration 6) Future of the Quil Ceda Village Conference Center, 8825 34 th Avenue NE, Suite D, Tulalip, WA 98271 Staff is recommending that Suite D be leased out. It should be leased as is. Staff recommends a lease that gives a continuous flow of customers. A restaurant is not recommended. There would be a pay back within the next 2 years. A new tenant should be found that requires a minimum amount of renovation for the suite. The Village Council will continue to use the suite until a new tenant is found. Motion made by Glen Gobin to approve leasing Suite D. Questions 7) Motion made by Glen Gobin to approve Resolution No. 2008-033 transferring tax revenue in the amount of $1,930,419.31 from US Bank to the Village General Operating Account. Questions 8) FYI-2008 Village Taxes Collected Discussion: John McCoy, Nina Reece Page 17 shows the revenue that has been brought in for 2008. Page 18 shows where the Village gets the authority to collect the tax and how it is to be spent. The spread sheet shows the month by month deposits. A refund is given back to the Liquor stores and the casino for the cigarettes sold to tribal members. It shows the initial collection of the cigarette stamps less the refund for the actual revenue for the cigarette tax. The 2008 fuel tax revenue was earmarked for the 116 th Street culvert project. A Resolution exists to transfer 3

those funds to the road account. A convenience tax which is actually a sales & use tax is also collected. The hotel tax started in June with the revenue steadily increasing as the hotel becomes fully operational. The spa also has items that contribute to this revenue. $4.7 million has been collected so far. The Village budgeted for $4.9 million. 9) FYI-Year to Date Department Income & Expense Report 10) Resolution No 2008-034 adopting the 2009 Quil Ceda Village Budgets and moving forward to the Tulalip Board of Director Budget Process for presentation. **No Action taken on the Resolution On Hold until the December 15, 2008 meeting Discussion: John McCoy, Nina Reece Page 19 shows the budget for each department under the management of the Village GM. The Village Council recommends placing this item on HOLD until December 15, 2008. Senior staff will need to be present for the budget meeting with the Village Council. 11) Resolution No 2008-035 adopting the Ewing Consulting Quil Ceda Village employee job descriptions. **No Action taken on the Resolution Item on Hold until the December 15, 2008 meeting Discussion: John McCoy, Glen Gobin, Nina Reece, Chuck James, Steve Gobin, Shelly Lacy Staff would like the Village Council to adopt the job descriptions that the Ewing study created. Are we adopting just the titles and not giving pay increases? There will be no pay change. Will this force restructure? The Ewing Committee was not tasked with restructuring departments. Any changes to job descriptions should not have an impact on the current structure. Have we adopted these in other entity? The Resort already uses the job description titles from the Ewing study. If this portion of the Ewing study is adopted, it needs to include new job descriptions. In order to be a supervisor or manager, Ewing recommends certain criteria to receive that title. Village Council recommends that staff bring this back after the Committee researches the title changes to see if this will have any impact on the 2009 budget. 12) International Fire Code i) Adoption of International Fire Code w/ amendments ii) Enter into new agreement with Snohomish County Fire District 12 iii) Adoption of Tulalip Tribes Ordinance #114 iv) Appoint Fire Marshall Discussion: John McCoy, Chief Corn, Mike Taylor, Lisa Koop, The reservation attorneys have been researching the fire code along with other concerns. The Fire Chief for District 12 is here to begin the discussion between Quil Ceda Village and his district on a new agreement. At this time the Village does not have a fire code. The Tulalip Tribes uses an Ordinance which adopted a Building Code that refers to the International Fire Code. There are concerns with the fire safety and enforcement regarding non-compliance. The first item up for consideration is discussion on adopting the International Fire Code or parts of it for the Village. The second item is entering into a new agreement with district 12 for Fire and Emergency Services. The current agreement is 10 years old and was drafted before any buildings were constructed with the Village. The third item is adopting Tulalip Tribes Ordinance #114 for the Village which 4

gives the ability to cite civil infractions. The fourth is a discussion on how/who should have enforcement authority. The Village has a relationship with the Fire District 12. The original agreement is between the Tulalip Tribes and Fire District 12. The Village was incorporated after the original agreement was enacted. The Tribal Chairman has sent a letter to District 12. Snohomish County Assessors office uses a different method to determine the assessed value of land and buildings. The levy then is applied to property owners including undeveloped lands within the jurisdiction of Fire District 12. Snohomish County is collected a Real Property Tax for Fire District 12 on Walmart and Home Depot. Since Fire District 12 is collecting the tax this way it does not want to receive the levy the Tribe has imposed on its tenants through leases. The agreement in place is still applicable stating that the Tribe will collect the levy. If the tenant pays Snohomish County through property taxes and the Tribes collect the fire levy and remit the levy to District 12, it feels like double taxation and District 12 does not want to collect twice. There are some problems with the time of occupancy on some of the buildings. The agreement is outdated. The numbers have been looked at. Is there a better way making sure that it is fair to all sides including the taxpayers? The District has reviewed the money they receive and they want to make sure they are not subsidizing the Quil Ceda Village. After the total amount of levy fees are assessed, the District calculates the cost for services within the Village. The existing contract is unmanageable. The total amount of calls from November 2007 until October 2008 is 500 for Village of which 340 were to the Resort. This is the second busiest location the District responds too. The boundaries for District 12 begin south of 140 th to the bay and west to 7 th Avenue NW. District 12 responded to a total of 1,360 calls last year within this area of the Reservation. District 15 covers the rest of the Reservation. District 12 is in agreement that the contract is old and needs to be updated and a little more user friendly. Whatever the agreement is, it must be fair to the tax payers so they are not subsidizing Quil Ceda Village. District 12 provides all paramedic services to the entire Reservation. The fire prevention staff worked with the contractors for the Hotel to meet the International Codes. The Resort Hotel is the first high rise for the district and the development for code issues. The fire department sought assistance from the Bellevue Fire District regarding high rise practices. An emergency plan was developed for the Hotel. The General Manager has appointed Nina Reece as the negotiator for the Village. There are four items for adoptions. A public meeting needs to take place for Ordinance #114 and the International Fire Code. Will the code be adopted for the whole reservation? That would be the responsibility of the Tribal Government. 13) Contract Renewal i) Resolution No. 2008-036, William W. Erdly Contract ii) Resolution No. 2008-037, Greg Keith Contract iii) Resolution No. 2008-038, Dianne McCormack Contract iv) Resolution No. 2008-039, Travis Hill Contract v) Resolution No. 2008-040, Jacob Setterberg Contract vi) Resolution No. 2008-041, Rhonda Nelson Contract vii) Resolution No. 2008-042, Thomas Williams Contract Motion made by Glen Gobin to approve Resolutions No. 2008-036, 2008-37, 2008-038, 2008-039, 2008-040, 2008-41, 2008-42 which adopts the 2009 employee contracts for these seven individuals. Questions: Should the contracts be approved by the full Board of Directors since these employees are not working just for the Village but the entire Tribe. Funding comes from the Tribe for these employees. The legal opinion is they report through the Village GM so they should come to the Village Council. 5

14) FYI-Travel Report Motion to adjourn at 11:50 a.m. Approved at the regular Village Council meeting on December 16, 2008. Village Clerk, Nina Reece Date 6