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HomeMy WebLinkAboutTribal-County Relations Committee - Minutes - 11/19/2020Tribal Relations Minutes 2020-11-19 Page 1 of 10 Bayfield County Administrator 117 E 5th Street, PO Box 878, Washburn, WI 54891 Ph: 715-373-6181 Fax: 715-373-6153 Mark Abeles-Allison, County Administrator Kristine Kavajecz, Assistant Paige Terry, Clerk III MINUTES OF THE: Bayfield County Tribal Relations Committee Meeting 9:00am, Thursday, November 19, 2020 Virtual Meeting Via Web Ex, hosted by Red Cliff Members Present: Supervisor Jeff Silbert, Supervisor Steve Sandstrom, Vice Chair Nathan Gordon, Chairman Rick Peterson Others Present: County Administrator Mark Abeles-Allison, Supervisor Mary Dougherty, Bayfield County Health Director Sara Wartman, Bayfield County Forest Administrator Jason Bodine, Tribal Attorney Wade Williams, Red Cliff Community Health Center Director Diane Erickson, Chase Meierotto, Jon Gary, Bayfield County Clerk III Paige Terry. Called to order at 9:04 am by Chair Peterson 2. Public Comment: Nathan Gordon announced that the Red Cliff Fish Co. is now open and offers a variety of smoked fish. In the near future, Red Cliff will be holding a ribbon cutting for the childcare facility and a farm processing facility is expected to be completed before January 2021. 3. Minutes of September 17, 2020: Motion by Gordon seconded by Silbert to approve the minutes of September 17, 2020. Motion Carried 4-0. 4. Communications Review: Silbert opened by congratulating the Red Cliff Tribe on the opening of the Red Cliff Fish Co. and wishes them luck in the future. Silbert commented that it is nice to seem some commercial improvements and opportunities in Red Cliff. Silbert thanked all of Red Cliff in their leadership with dealing with COVID-19 and providing so much in terms of testing. Additionally, Silbert thanked Cheryl Cloud for her assistance with the pursuit of the Chequamegon Bay Regional Housing Project that goes from Cornucopia to Red Cliff and Iron River to Bad River. Currently Tribal Relations Minutes 2020-11-19 Page 2 of 10 trying to obtain affordable workforce housing and commends Cheryl on her knowledgeability. Sibert mentioned a Facebook post he had seen recognizing Walter Bresette and commemorated Walt on his anti-racism work in the 80’s. Peterson commended Silbert on his involvement in anti-racism movements. Abeles-Allison offered kudos to the Red Cliff Tribe on the major build project that will be taking place that will prove to be a tremendous asset to the Tribe and region as a whole. Abeles-Allison commented that the communications review item was added to the agenda to ensure there were adequate protocols for communications between Bayfield County and the Red Cliff Tribe. The past ADHOC meeting was utilized to keep dialogue going between Bayfield County and the Red Cliff Tribe. Peterson explained the build grant had been a project the Tribe had been trying to secure for some time. Peterson commented that the grant is estimated to change the entire infrastructure for the roads and public works division and will benefit the entire area. Peterson invited everyone to come out and visit the Red Cliff Fish Co. and would be happy to give a tour. Gordon shared in the meeting chat that the Build Grant had awarded Red Cliff $5.4 million for a new building and equipment. The Red Cliff Housing also received funding for 22 more homes for Red Cliff for an estimated $4.8 million. Gordon thanked Bayfield County and Bayfield County staff for sharing information regarding news that has posted through Red Cliff and spreading the word. Peterson commented on the coordination happening between the Red Cliff Tribe and Bayfield County regarding COVID-19 testing. Peterson mentioned that clinic staff is overwhelmed, but Red Cliff and Bayfield County would be in a much worse situation if not for the health professionals. 5. Law Enforcement Agreement: Peterson spoke on behalf of Chief Cadotte commenting that Chief Cadotte did not believe to have any issues with any changes that had been made to the agreement as he had already been in communications with Sheriff Susienka and Abeles-Allison. Gordon mentioned that the 2021 Law Enforcement Agreement had been brought to the attention of the Tribal Council at the previous Tribal Council meeting, but had been tabled as Abeles- Allison had added language to the agreement that Williams hadn’t had the chance to review with the intention of using current meeting to discuss. Abeles-Allison reported that Sheriff Susienka and Chief Cadotte had been going back and forth regarding updates to the agreement for some time. Most updates had not changed the overall nature of the agreement but rather re-enforced the agreement to make reading it clearer. Abeles- Allison informed the committee on one major change being the finances of the grant and how a portion of the grant, in the amount of $10k, remain with the Bayfield County Sheriff’s Office Tribal Relations Minutes 2020-11-19 Page 3 of 10 while the remaining funds will be distributed to Red Cliff. Abeles-Allison mentioned that he and Sheriff Susienka are both comfortable with the current Law Enforcement Agreement draft; however, minor changes shouldn’t be an issue. Williams confirmed that the proposed agreement had been submitted for legal review. Williams questioned Abeles-Allison on some of the language changes made to the agreement commenting that some edits changed language from forward-looking obligatory promises to statements of current status. Williams gave the following specific example from the proposed agreement: SECTION G: Changed from: Bayfield County will continue to provide 24/7 law enforcement dispatching for the Red Cliff police department. Changed to: Bayfield County provides 24/7 law enforcement dispatching for the Red Cliff police department. Williams questioned why the change was made. Abeles-Allison explained that the language was changed to reflect what is currently in place. Bayfield County and Red Cliff presently have a strong relationship and the agreement is not intended to only be a plan for the future, but reflect what is in place. Abeles-Allison commented that there would be no issue in changing the language back to what it previously was. Williams suggested that altering the language to reflect that Bayfield County will continue to do something would inherently imply that Bayfield County already does it. Williams commented that he had simply wanted to hear from Abeles-Allison why the change was made. Abeles-Allison reported that the Law Enforcement Agreement is an annual agreement and any language changes made were not intended to diminish the relationship between Bayfield County and the Red Cliff Tribe. Silbert supported returning the language in the Law Enforcement Agreement back to what it was. Abeles-Allison reassured the committee that he believes Sheriff Susienka will be okay with removing the edits. Peterson was in agreement with making any necessary changes and would have Chief Cadotte bring the revised version before the Tribal Council to receive a motion from the Council to move forward. Silbert questioned if there were any other examples that stood out as the resolution that had been presented to the board was very general. Tribal Relations Minutes 2020-11-19 Page 4 of 10 Williams replied that the previously stated example was the only one that stood out as something that might need the committee’s and the Tribal Council’s attention as it represented a change in the substance, and he will make the necessary edits to return the language of the agreement back to what it previously was. 6. COVID-19 Planning: Wartman reported to the committee that Bayfield County is just shy of 600 cumulative positive COVID-19 cases. 7 deaths in Bayfield County, the average age of those that have died is 83 years old. Average age of those that have COVID-19 is 48 years old. Wartman reports that more individuals suffering from COVID-19 are sick for longer periods of time. Individuals that had contracted COVID-19 during the summer months were less severely ill, now individuals remain ill, even after two weeks. Wartman explained that healthcare providers are telling patients that they are no longer contagious after two weeks and it is safe for them to return to work, but quarantine/isolation time may be extended due to individuals remaining ill for longer periods of time. Wartman speculated that the increase in sick time for individuals now may be due to individuals receiving a larger viral load when becoming ill. During the summer, more gatherings were held outside which reduced the viral load, gatherings are now being held inside due to colder weather, which increases the viral load an individual may receive. Wartman added that the change in illness could be due to a new, stronger, more aggressive strain of the virus. Wartman informed the committee that there is no economic bracket that is unaffected by COVID-19, there is a current trend of high numbers of cases in the Iron River bars as well as sit down restaurants. The virus is reported as starting out mild for the first few days. Erickson reported that Red Cliff has been experiencing a spike after the holidays; there was one large spike after Labor Day and a smaller spike after Halloween. Spikes have been occurring after “Packer Parties.” Erickson emphasized that cases are spreading via small gatherings and the upcoming holidays are a huge concern. Erickson reported that Red Cliff hadn’t had any new positive cases over the past week but expects to see some after thanksgiving. Silbert question Erickson on Red Cliff experiencing 0 positive cases. Erickson explained that for a portion of the current week and a portion of the previous week there had been no new cases. Erickson reported there were 94 individuals in quarantine after Halloween, that number has dropped to 28 as of November 18, 2020. Erickson thanked Wartman on her improvement on the coordination of COVID-19 testing. The previous testing site located in Red Cliff on November 7, 2020 ran out of tests before the end of the day, staff has requested an additional 100 tests for the upcoming testing site to be held on November 21, 2020. Erickson informed the committee that the Red Cliff Community Health Center has begun its planning on how to handle a potential vaccine but remains concerned on the capacity to administer and distribute the vaccine. The clinic plans on shutting down the facility when a vaccine is delivered to focus solely on administering and distributing the vaccine. Erickson reported that a new COVID-19 testing machine will be arriving at the clinic that will increase the clinic’s testing capacity from 27 to 96 tests per day. Erickson reported that staff at the Red Cliff Clinic is also very tired, similar to the staff in the Bayfield County Health Department. Tribal Relations Minutes 2020-11-19 Page 5 of 10 Sandstrom questioned the current turnaround on COVID-19 tests. Wartman informed the committee that tests are currently taking anywhere between five and eight days to come back, which is due to an increase in demand. Wartman urged individuals that are getting a test to stay home regardless to await results. Wartman commented on situations where Bayfield County has sent staff, such as EMTs, to the Red Cliff Clinic to get a rapid test completed to know if they can continue to work. The Red Cliff Clinic has been instrumental with their ability to do rapid testing. Erickson reported that the Red Cliff Clinic has two COVID-19 tests, the PCR test with a 15 minutes turnaround for results and utilizes the same technology as the reference lab and the Binex Now Card that contains a small card the size of a credit card that you fold in half and receive the results in 15 minutes, both of which require the nasal swab. Erickson stated that the Binex Now Card tests are only $5 a test; however, they have been unable to get their hands on any more than what they have been supplied due to Red Cliff’s low status on the supply chain. Wartman expressed her curiosity regarding testing over the coming week, explaining that some testing sites have been running out of tests before the end of the day and some lines for testing sites are about 3 hours longs. Erickson stated that the last testing site for 2020 at the Red Cliff Clinic is December 5, 2020. Silbert explained that the Northern Lights nursing home is struggling terribly due to the outbreak of COVID-19 in the facility and is wondering if there is anything that can be done to give the nursing home further assistance. Wartman replied that a WEAVR (Wisconsin Emergency Assistance Volunteer Registry) alert asking for any local help had been sent out. Additionally, Jan Victorson of the Bayfield County Emergency Management Department had put out an additional alert at the state level. Wartman reported that a few volunteers had already taken paid leave to work as a CNAs at the nursing home. Wartman explained that part of the problem securing volunteers stems from individuals being scared of contracting the virus. Wartman stated that, at this time, she cannot volunteer or nominate any of her staff members as the Health Department cannot afford to lose a single staff member to the virus and would only be able to volunteer herself. Erickson agreed with Wartman explaining that the situation that Northern Lights is experiencing is the same situation all across Wisconsin. As unfortunate as it is, every workplace is being affected by exposures. Erickson expressed her concern with clinic stuff getting sick with COVID-19 and bringing it back to the workplace. Silbert understood the concern and agreed that the fear of getting staff getting sick was reasonable. Silbert question on the what he heard in an Emergency Order regarding retired nurses that could get 16 hours of training and be sent back to work. Wartman believed what Silbert heard was accurate but stated that most individuals are simply scared and/or don’t want to. Wartman informed the committee that the nursing home is asking individuals to fold laundry, which volunteers are able to do off-site. Wartman explained that there is nothing she can do to speed up the testing turnaround time. COVID-19 tests conducted up in our area have to be sent to a lab downstate, and it takes approximately 6 hours for the tests Tribal Relations Minutes 2020-11-19 Page 6 of 10 to get to their destination. If a clinic misses the set time to send out tests, that will further delay getting the tests to their destination and getting results back. Peterson commented on the lack of seriousness citizens are taking with the virus, explaining the frustration he is feeling regarding the situation. Peterson explained that Red Cliff will begin doing everything that it can to enforce as much as they can regarding the Stay At Home Order currently in effect in Red Cliff. Individuals that are proven to be a close contact to someone diagnosed with COVID-19, that refuse to get tested for the virus or quarantine will be charged with disorderly conduct. Wartman stated that she would like to put together an order for small gatherings and would like to know if it would be better to do an order together with Red Cliff or a separate order for Bayfield County. Peterson felt that the order should be done separately from Red Cliff but thought that it would benefit everyone to have a sense of uniformity between the two governments on what is being ordered. Peterson stated that Red Cliff currently has a limit on the size of gatherings but is finding it difficult to enforce when individuals don’t have to travel very far to get off of reservation land where the rules are different. Peterson explained that having everyone on the same page could benefit the entire county as a whole. Gordon agreed that uniformity could be beneficial. Red Cliff currently has a limit on large gatherings in their Mask Ordinance. Gordon felt that the coming together between Bayfield County and the Red Cliff Tribe to put out a joint order could also work. Wartman understood the want to have two separate orders between the Red Cliff Tribe and Bayfield County but still have uniformity between the two. Peterson stated that was the best route to go explaining that Red Cliff made the decision early on in the pandemic to follow the advice of medical and science professionals. Peterson felt that is was a good idea for Wartman to work with Erickson to coordinate a statement to the public. Wartman stated that she would start working on a statement and aim to have something finished by the end of the week. 7. Tribal Land Resolution: Gordon explained that the resolution included in the meeting packet was a resolution that had been passed at the previous Tribal Council meeting. The resolution was included so that Bayfield County may draft something similar to resolution passed by the Red Cliff Tribal Council to be moved forward to the County Board. Abeles-Allison stated that the previous ADHOC meeting was a great opportunity to hear from both Bayfield County and Red Cliff and work on a Memorandum of Understanding. Abeles- Allison explained that the resolution was shared with the chair and vice chair of the committee, along with some members of the Bayfield County Board of Supervisors but had yet to be shared Tribal Relations Minutes 2020-11-19 Page 7 of 10 with the entire board. Abeles-Allison explained that the resolution could be moved to full board in the months ahead. Silbert informed the committee on his full commitment to repatriating every acre of Bayfield County back to Red Cliff. Silbert explained that he had helped renew the Memorandum of Understanding several years ago and likes the current format and language of the MOU. Silbert stated that he would like to see the pace of this project picked up and would like to see Bayfield County and Red Cliff strategize together to come up with more projects they would like to be completed. Silbert mentioned Bayfield County has set a precedent by donating 10 acres of land to a veterans group in Iron River. Silbert wished to elaborate on having studied hundreds of pages of forestry documents as part of the Forestry Committee. Silbert read a paraphrased version of the Forestry Committee’s mission statement and continued on to elaborate on some of the actions that the Forestry Committee and Department are currently undertaking. Sandstrom agreed with Silbert in his goal being to return Bayfield County land to Red Cliff. Sandstrom felt that the entire meeting so far was an excellent example of Bayfield County and Red Cliff working well together on a variety of issues and believes the two entities can continue to work well together on this issue. Sandstrom wanted to confirm with Bodine that there had not been one timber sale on Red Cliff land since the MOU had been started. Bodine confirmed that, despite on salvage sale, the most recent sale on Red Cliff land was in 2016 with only approximately 5 or 6 timber sales having occurred on Red Cliff land over the past 10 years. Sandstrom questioned if the current MOU is what will be used in the future, or if the Tribe is looking for more. Peterson explained that the intent of the resolution that was recently passed was to formally create a vehicle that Red Cliff and Bayfield County can jump on to move forward and to formalize that Bayfield County and the Red Cliff Tribe will be working together to repatriate Bayfield County lands to Red Cliff. Peterson commended Silbert and Sandstrom on their efforts stating that it warms the heart to have the opportunity to repatriate lands that were once given to Red Cliff through the original treaties. Sandstrom questioned the intent of the resolution to formalize what exists in the MOU. Peterson commented that the resolution would be left as a standing item until given to the Bayfield County Board of Supervisors to discuss. Abeles-Allison commented that the resolution will be shared with the full County Board. Abeles-Allison elaborated on Silbert’s comment to reauthorize the MOU between Bayfield County and the Red Cliff Tribe is another item to be considered. Silbert found the current MOU to be a very collaborative statement but finds some editorial disagreements with the resolution included in packet. Tribal Relations Minutes 2020-11-19 Page 8 of 10 Peterson explained that the resolution was presented to Abeles-Allison to expedite the process with the MOU and would suggest presenting the resolution to the County Board and give a formal response back to the Tribal County Relations Committee to further coordinate. Gordon stated he was excited to see everything moving forward and would like to continue towards working to the end goal of getting land back in the hands of the Tribe. Gordon explained that it would be a historical movement if Bayfield County were to pass a similar resolution. Silbert mentioned he would like to schedule another meeting to outline some definite projects to work on, for example one larger project and one smaller project. Gordon commented that there were a couple projects in mind that had to be confirmed. Meierotto reported that the previous meeting included discussions about coastal properties and obtaining appraisals for these properties for an upcoming GLRI project scheduled for 2021. Have been working with Gabrielle Vanbergen who has reached out to a company to schedule appraisals. The appraisals will be conducted either January 2021 or early February 2021. GLRI projects are normally due mid-February, but there currently is a good template for the project, just waiting on the numbers from the appraisals. Silbert asked Meierotto if there was any consideration for land acreage near Raspberry. Silbert wanted to confirm this land information with Bodine. Bodine confirmed the land parcel numbers were: #28913 and #28914 of non-County land. Silbert asked it the parcels were in Raspberry or the tributary to Raspberry. Bodine reported the parcels were the tributaries to Raspberry. Silbert questioned if the two parcels could receive funding through Coastal Grants as well. Meierotto confirmed that any area close to rivers, streams, or right on the lake would have a better chance at receiving GLRI Funds. Silbert wanted to confirm the fact that, considering the lands are not forested, the Tribe would be able to receive funding and would not have to use its own dollars, where the grants would come through the County and the County would be able to increase the funding using Stewardship Grants, and the County could indicate to the DNR its seriousness in replacing the lands, which would allow the County to repatriate the land at far less than market value. Meierotto confirmed that this was his understanding as well. Silbert estimated the land to equate to approximately 150 acres. Bodine corrected Silbert that it would be closer to 130 acres. Bodine informed the committee that there is approximately 150 acres total of non-County forest within the Red Cliff reservation. Bodine commented that he is more unfamiliar with land parcel #29311 which is located further South. Silbert questioned Bodine on his willingness to work with Meierotto on grant opportunities. Bodine confirmed that he would be willing to work with Meierotto especially considering it appears that Bayfield County and the Red Cliff Tribe are all on the same page. Bodine commented that the fact that the lands are non-County forests meant the funding for these lands may be able to be secured faster. Bodine reported that there is a little bit of a sense of urgency Tribal Relations Minutes 2020-11-19 Page 9 of 10 because in the past the proceeds from sales have always been used as matching funds on future Stewardship Grants. The Stewardship program will be changing in 2022, so there is a bit of urgency to get Stewardship Projects in for 2021 so they may be considered for the current way the grant is written. Law makers are in the process of changing the way that Stewardship Grants function, which would make counties similar to Bayfield County ineligible to receive grant funds. 2021 may be Bayfield County’s last opportunity to receive Stewardship Grant funding. DNR only cares about value for value, doesn’t have to be monetary value, can be recreational value or cultural value. Abeles-Allison stated that it may be important to involve Development of Land Sales early on before the GLRI application is advisable. Peterson commented that it would be best to let Bodine and Meierotto lead this project moving forward. Silbert questioned if editing could be done to the resolution included in packet and it could be presented to the Tribal Council. Williams explained that the council could accept and invitation to revise a resolution that had already been passed by the council. Williams explained that any request to rescind and amend a resolution would be a formal government to government request. Silbert questioned if it was the Tribe’s intention to bring the resolution to the full board for approval. Williams explained that the Council functions as its own sovereign government that is able to pass resolutions, which carries the same effect of the resolution becoming law, making the resolution in the packet a formal bill that was already passed by the Council. Williams stated that the intent was for the County Board to take up its own bill and adopt its own resolution that would commit the County toward the goals that had been discussed with the Red Cliff Tribe. Gordon explained that the resolution was included for the consideration of Bayfield County, but the resolution had already been passed at the Council level. Bayfield County could draft a similar resolution in the County’s template while utilizing some of the similar language. Williams elaborated stating that the Red Cliff Tribal Council had passed this resolution while wanting Bayfield County to pass its own, similar resolution. Silbert asked for clarification that the Tribe is not looking for a joint resolution, but rather for the County to draft a separate resolution for both resolutions to stand side by side. Williams confirmed that this was correct. Gordon suggested that if the County were to pass its own resolution, the Tribal County Relations Committee could then make a motion to pass a joint resolution in the same effect. 8. Land MOU: Item covered along with Tribal Land Resolution. 9. Tribal Gaming: Tribal Relations Minutes 2020-11-19 Page 10 of 10 Peterson stated that he was unsure if there had been an opportunity to discuss the topic with the Tribal Council yet. Abeles-Allison explained that this item is a continuation of a topic from a legislative agenda with Department of Transportation that has been discussed of the past couple of years. Bayfield County was approached by other counties and asked to support this and before handing a resolution to the Bayfield County Board, there was want to discuss the topic further with Red Cliff to see if it was something that Red Cliff would support as well, or would be comfortable with Bayfield County proceeding with. Abeles-Allison explained his belief that Senate Bill 886 provides road aid funding to communities within a certain distance of Tribal Gaming facilities. Peterson commented that the Tribal Council will sit down and discuss to have an answer at the next meeting. 10. Next Meeting: Thursday, January 14, 2021 at 9:00 a.m. 11. Adjourn: There being no further business to discuss, a motion was made by Sandstrom seconded by Silbert to adjourn the meeting. Motion Carried, 4-0, meeting adjourned at 10:49 a.m.