COLVILLE CONFEDERATED TRIBES (2022)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

October 20, 2022

Resolution Index

Condensed by, Kelli Tonasket, Executive Office Assistant

Present:

Jarred-Michael Erickson, Jack Ferguson, Cindy Marchand, Karen Condon, Norma

Sanchez, Dustin Best, Roger Finley, Joseph Somday, Cody Peone, Tyler ZacherleBoyd

Delegation/Leave:

Shar Zacherle, Alison Boyd-Ball, Virgil “Smoker” Marchand, Andrew Joseph Jr.

Resolution No.

2022-698.m&b.vet.l&j

10-Signature

Condensed Recommendation Information

To approve the attached budget modification for the

Veterans Program. Chairman or designee to sign all

pertinent documents

Colville Business

Council Vote Tally

10 FOR (DB, AJ, CP, SZ,

AB, NS, RF, TZB, KC,

CM)

0 AGAINST

0 ABSTAINED

2022-699.m&b.vet.l&j

10-Signature

To approve the attached budget modification for the Office

of Reservation Attorney. Chairman or designee to sign all

pertinent documents.

Rationale: Timelines.

10 FOR (DB, AB, AJ, CP,

SZ, NS, KC, CM, RF,

TZB)

0 AGAINST

0 ABSTAINED

2022-700.tg.cdc

10-Signature

2022-701.m&b

2022-702.m&b.l&j

To approve grant application submission for the BIA

National Telecommunications Broadband Grant for

$175,000.00 on behalf of Bigfoot Communications, LLC for

a strategic plan. Chair or designee authorized to sign all

pertinent documents.

To approve the master plan for construction at MA-8

presented by the Colville Tribal Federal Corporation

("CTFC") and to authorize CTFC to move forward with

financing and construction in accordance with the master

plan. Moving the Casino/Hotel closer to Highway 150.

To approve the attached contract with Ogden Murphy

Wallace, PLLC., for legal services related to Teck litigation

and Trustee Council work on the Upper Columbia. Funds

Rationale: Timelines.

10 FOR (AB, DB, KC, NS,

CP, AJ, RF, SZ, TZB, CM)

0 AGAINST

0 ABSTAINED

Rationale: Timelines.

7 FOR (JF, CM, KC, NS,

RF, JS, TZB)

1 AGAINST (DB)

0 ABSTAINED

*CP Out of Room

8 FOR (JF, CM, KC, NS,

DB, RF, JS, TZB)

0 AGAINST

0 ABSTAINED

Special Session

October 20, 2022

Kelli Tonasket, Executive Office Assistant

Page 1 of 8

2022-703.m&b.l&j

2022-704.m&b

2022-705.m&b.e&e

2022-706.m&b.e&e

2022-707.m&b.cdc.e&e

2022-708.m&b

2022-709.m&b

2022-710.cdc

are available in FY '23 budget for this renewal of a contract.

The Chairman or designee may sign all pertinent documents.

To approve the attached contract with Ziontz Chestnut,

which renews a prior contract. Funds are appropriated in the

FY 2023 ORA budget/587 line. The Chairman or designee

is authorized to sign pertinent documents.

To approve the Insurance Claim #2021365369 Fire

Demolishment Project/asbestos removal for Cates & Erb in

the amount of $91,925.00, no tribal monies. To authorize the

Chairman or designee the authority to sign all pertaining

documents.

To accept the FY 2021 Bureau of Indian Affairs, Bureau of

Indian Education A18AV00627-MOD6, in the amount of

$252,790.00. Tribal Chairman or designee to sign all

pertinent documents.

To accept the Office of Head Start 2.28% COLA and

Quality Improvement Funding in the amount of $74,485.00.

No additional funding required, non-federal share waiver

submitted to OHS. Tribal Chairman or designee to sign all

pertinent documents.

To approve the Office of Head Start FY 2023 Grant

Application in the amount of $2,932,825.00 with a 11.77%

Non-Federal Match of $345,195.00. The Tribal Chairman or

designee to sign all pertinent documents.

To approve the Colville Confederated Tribes ECE/Head

Start/Early Head Start Cost Allocation Plan and

Methodology. Tribal Chairman or designee to sign all

pertinent documents.

To approve the amendment of resolution 2021-519 to reflect

the contract change order for Leone & Keeble, Inc. C21348, to increase the contract amount by $2,054,676.00 to

complete the Nespelem Community Center renovations.

Chairman or designee to sign all pertinent documents.

That the attached contract for Val Drywater and Public

Works to perform building inspections on a casino

belonging to the Spokane Tribe located on the U.S.

Highway 2 near Airway Heights, WA be approved. The

Chairman or his designee is authorized to sign pertinent

documents.

Special Session

October 20, 2022

Kelli Tonasket, Executive Office Assistant

Page 2 of 8

*CP Out of Room

8 FOR (JF, CM, KC, NS,

DB, RF, JS, TZB)

0 AGAINST

0 ABSTAINED

*CP Out of Room

8 FOR (JF, CM, KC, NS,

DB, RF, JS, TZB)

0 AGAINST

0 ABSTAINED

*CP Out of Room

8 FOR (JF, CM, KC, NS,

DB, RF, JS, TZB)

0 AGAINST

0 ABSTAINED

*CP Out of Room

8 FOR (JF, CM, KC, NS,

DB, RF, JS, TZB)

0 AGAINST

0 ABSTAINED

*CP Out of Room

8 FOR (JF, CM, KC, NS,

DB, RF, JS, TZB)

0 AGAINST

0 ABSTAINED

*CP Out of Room

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

2022-711.cdc

2022-712.tg

2022-713.tg

2022-714.tg

2022-715.tg

To support a joint application from the Confederated Tribes

of the Colville Reservation and Bigfoot Communications,

LLC for a broadband infrastructure application for

submission to the USDA ReConnect Program to not exceed

$35 million dollars and a commitment to net neutrality.

Chairman or designee to sign all relevant documents.

To nominate Cindy Marchand, Councilmember and

Fisheries Chair as the Tribal Representative to be the

Eastern Washington Member of the EPA Region 10 Tribal

Operations Committee. Chair or designee to sign all related

documents.

To host the 2023 Annual Centennial Accord Meeting.

Associated costs are not to exceed $25,000.00. Chairman or

designee is authorized to sign all pertinent documents.

To approve a $200.00 Per Capita from account PL7219709

to be distributed on or before December 5, 2022 to each

tribal member of the Confederated Tribes of the Colville

Reservation. Eligibility requirements must be

enrolled/adopted/living as of November 10, 2022; the

following deadlines shall apply: Official Court Orders for

Minors and Adults November 14, 2022; Emergency

Custody Court Orders November 21, 2022; Department hold

list November 14, 2022. The following shall not apply:

Retro-Active Payments and Debt Set-Off Ordinance, with

the following exceptions. The following departmental holds

are approved and shall apply:

1. Children & Family Services Court Orders/Voluntary

consent for minors and adults

2. Social Services Court Orders/Voluntary consent for

minors and adults

3. Child Support Court Orders/Voluntary consent

4. Enrollment Department Court Orders/Voluntary

consent/Administrative Errors for minors and

adults/Emergency Services/Unclaimed checks past 90 days.

5. Tribal Credit Per Resolution #2018-726.

To accept the Colville Tribal Relinquishment request of

MYRA IRENE (ALLEN) CAMPBELL, on the current

Colville Tribal Membership Roll.

In accordance with Sec. 8-1-320, 8-1-321, 8-3-322 of Title

8-Colville Membership Code, this relinquishment is

effective immediately upon full Tribal Business Council

approval.

Special Session

October 20, 2022

Kelli Tonasket, Executive Office Assistant

Page 3 of 8

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

8 FOR (JF, KC, NS, DB,

RF, CP, JS, TZB)

0 AGAINST

1 ABSTAINED (CM)

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

2022-716.tg

Also, in accordance with Sec. 8-1-324, shall hereafter be

prohibited from future membership with the Confederated

Tribes of the Colville Reservation. She/he wishes to

relinquish to the NEZ PERCE TRIBE

To accept the Colville Tribal Relinquishment request of

REBECCA ADELE (QUINTASKET) GEORGE, on the

current Colville Tribal Membership Roll.

In accordance with Sec. 8-1-320, 8-1-321, 8-3-322 of Title

8-Colville Membership Code, this relinquishment is

effective immediately upon full Tribal Business Council

approval.

2022-717.tg.m&b

2022-718.tg.hhs

2022-719.tg

Also, in accordance with Sec. 8-1-324, shall hereafter be

prohibited from future membership with the Confederated

Tribes of the Colville Reservation. She/he wishes to

relinquish to the SWINOMISH TRIBE.

To approve the budget modification for the Colville

Services Center, line item adjustment, no additional dollars

requested.

To submit 1051 Lease Proposals to Indian Health Services

for the following properties; Nespelem Fire Station;

Nespelem Apparatus Building; Lucy Covington

Government Center; Inchelium Apparatus Building

(Shortcut Road); Inchelium Apparatus Building (Bridge

Creek); Inchelium Behavioral Health Building; Inchelium

Apparatus Building (Youth Camp Road); and, Keller

Apparatus Building. Chairman or designee to sign all

pertinent documents.

To broadcast the attached ballot recommendations for the

2022 General Elections.

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

8 FOR (JF, CM, NS, DB,

RF, CP, JS, TZB)

1 AGAINST (KC)

2022-720.tg

2022-721.e&e.m&b

To amend CBC Resolution 2022-485 as follows, approval to

remove the Pasco Municipal Services Cooperation

Agreement originally attached to CBC Resolution 2022485; replace with the attached revised Pasco Municipal

Services Agreement. Chairman or designee to sign all

relevant documents.

To approve to implement the College in the Highschool 2nd

quarter for 9th grade students paying for student tuition and

all costs through the college to allow for dual college and

high school credits in Psychology and Language for the

2022-2023 school year. This contract agrees to jurisdiction

in Chelan County which is a waiver of sovereign immunity.

This would require provision of exclusive jurisdiction and

Special Session

October 20, 2022

Kelli Tonasket, Executive Office Assistant

Page 4 of 8

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

7 FOR (JF, CM, NS, RF,

CP, JS, TZB)

2 AGAINST (KC, DB)

0 ABSTAINED

2022-722.e&e.m&b

2022-723.e&e

2022-724.nrc

2022-725.nrc

2022-726.nrc

2022-727.nrc

venue in the courts of Chelan County for a dispute and

actions arising out of this contract. The cost would not

exceed $10,000.00 during the fiscal year.

To approve the 2022-2023 Consolidated School Wide

Budget for Paschal Sherman Indian School for the 20222023 school year. Chairman or designee to sign all pertinent

documents.

To approve the Bookmobile Service Agreement between the

CCT ECE/HS/EHS and the North Central Washington

Library. Tribal Chairman or designee to sign all pertinent

documents.

That the Colville Business Council adopt the policy position

that all protected tribal rights are equal, regardless of the

origin. Rights held pursuant to Executive orders, federal

statutes, state statutes, other agreements and case law are of

equal standing as those held in pursuant to a treaty, and thus

are entitled to equal consideration. In consultation policies,

the phrase "treaty rights" should be used as the primary

reason for government to government consideration, but

should instead be changed to "protected tribal rights." Chair

or designee authorized to sign letters and comments related

to this policy.

To approve the FY2022 Budget Modification for FY2022 to

provide additional salary and fringe to compensate for

additional duties performed by the Communication and

Public Information Officer while the Response Program

Manager was on maternity leave. No tribal dollars are being

requested. Chairperson and designee authorized to sign all

pertinent documents.

To approve a one (1) year extension (ending 09/30/2023) to

the three (3) year EPA 104(k) Brownsfield Multi-Purpose

Assessment Grant (10/1/2019-9/30/2022). The award was

originally approved under Resolution 2019-630. No Tribal

Dollars are required. The Tribal Chairperson or designee is

authorized to sign all pertinent documents.

To accept and approval to enter into a long term lease with

the Colville Indian Housing Authority (CIHA) for Housing

for public purposes, specifically the development,

management and operation of an affordable housing project

for eligible families. To rescind CBC Resolution 2013-615

in its entirety; this Resolution will supersede any prior leases

between CIHA and the Colville Confederated Tribes for this

same parcel. The tribal fee property is described as follows:

101-TF5692: LOT 3, EXCEPT THE WEST 120 FEET OF

THE NORTH HALF, LOTS 4 THROUGH 8, BLOCK 123,

AND LOTS 1 THROUGH 8, BLOCK 128, TOGETHER

Special Session

October 20, 2022

Kelli Tonasket, Executive Office Assistant

Page 5 of 8

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

2022-728.nrc

WITH VACATED SEVENTH STREET, IN TOWNSITE

OF OMAK, AS PER PLAT THEREOF RECORDED IN

THE OFFICE OF THE AUDITOR OF OKANOGAN

COUNTY, WITHIN THE NORTHEAST-QUARTER

SOUTHEAST-QUARTER OF SECTION 35, TOWNSHIP

34 NORTH, RANGE 26 EAST, WILLAMETTE

MERIDIAN, OKANOGAN COUNTY, WASHINGTON,

CONTAINING AN ESTIMATED 2.12 ACRES, MORE

OR LESS.

PURPOSE:

Affordable Housing

TERMS:

99 years from date of approval

RATE:

$1.00 for entire term of lease

INSURANCE: Required

Chairman or designee is authorized to sign pertinent

documents.

To accept and approve business lease for the Paschal

Sherman Indian School (PSIS) at the Mission Falls

Communication Site of Tribal Tract No. 101-T5510 (por).

This Business lease is subject to the Confederated Tribes of

the Colville Reservation HEARTH ACT. This lease will be

for 25 years with option for 25 years’ renewal upon

approval from Colville Business Council. This lease will

include ingress/egress. Tribal Tract described as:

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

101-T5510 (POR): That 0.50-acre portion within the NE

¼NE ¼SW¼ SE¼ of Section 9, Township 33 North, 27

East, Willamette Meridian, Okanogan County, Washington.

Term: 25 years with option for 25 years, upon date of

approval

Compensation: $waived

Insurance:

Required

Lease Fee:

$waived

2022-729.nrc.m&b

2022-730.nrc

Lease subject to condition cited in the IRMP Coordinator

Review

Chairman or designee has authority to sign all pertinent

documents

To approve the $9,000.00 budget modification from Capital

Assets in tribal account 459, Lake Rufus Woods RV Site,

for a GSA vehicle and fuel. No indirect and no additional

dollars required. Chairman or designee authorized to sign

documents pertaining to this.

To approve the attached FY 2023 Forestry Projects (FP)

Expenditure Plan lists the expenditures that will be taken

from the FP Account (FP0001FR14). These expenditures

will be deposited into a special tribal account to be expensed

per reforestation and site preparation requirements for each

Special Session

October 20, 2022

Kelli Tonasket, Executive Office Assistant

Page 6 of 8

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

2022-731.fish

2022-732.fish

2022-733.fish

2022-734.fish

2022-735.fish

2022-736.l&j.m&b

2022-737.l&j.m&b

timber sale contract. Any balance remaining unused after

obligations and timber sale completion shall be surplussed

and deposited to the tribe as additional stumpage. Special

Projects Funds will be added to the Tribes FY 2023 annual

budget through modification. The Colville Business Council

Chairperson or his designee has the authority to sign

pertinent documents.

To become a signatory to the Conservation Agreement for

Pacific Lamprey, and identify the following staff to engage

with the Pacific Lamprey Conservation Initiative in the

identified committees.

- Policy Committee - Cindy Marchand, if unavailable then,

Joe Peone

- Conservation Team - Matt Young

The Chairman or designee is authorized to sign all

associated documents. No Tribal dollars attached.

To approve the sub-contract for Cramer Fish Science in the

amount of $95,204.00. The performance period is date

signed to March 31, 2023 and authorize the Chairman or

his/her designee to sign all pertinent documents.

To approve the sub-contract for Cramer Fish Science in the

amount of $75,972.00. The performance period is date

signed to March 31, 2023 and authorize the Chairman or

his/her designee to sign all pertinent documents.

To approve Okanogan Nation Alliance CO #1, amending the

attached SOW, performance period and dollar value remain

the same. Authorize the Chairman or his/her designee to

sign all pertinent documents.

To approve change order #1 for McMillen, LLC to extend

the contract dates to September 30, 2023-dollar value

remains the same. Authorize the Chairman or his/her

designee to sign all pertinent documents.

To designate Ashley Zacherle, Emergency Management

Coordinator the authorized representative and Sabrina

Desautel, Director of Public Safety as the designated

alternate for and on behalf of the Confederated Tribes of the

Colville Reservation. The purpose of this designation as the

authorized representative is to obtain federal and/or state

emergency or disaster assistance funds regarding the

COVID-19 pandemic, 4481-DR-WA. These representatives

are authorized to certify completion of projects, request

payments, and prepare all required documentation for

funding requirements. Authorized Chair or designee to sign

all pertinent documents.

To designate Ashley Zacherle, Emergency Management

Coordinator the authorized representative and Sabrina

Special Session

October 20, 2022

Kelli Tonasket, Executive Office Assistant

Page 7 of 8

8 FOR (JF, KC, NS, DB,

RF, CP, JS, TZB)

0 AGAINST

1 ABSTAINED (CM)

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

5 FOR (CM, RF, CP, JS,

TZB)

3 AGAINST (NS, DB, KC)

1 ABSTAINED (JF)

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

2022-738.l&j.m&b

2022-739.l&j

Desautel, Director of Public Safety as the designated

alternate for and on behalf of the Confederated Tribes of the

Colville Reservation. The purpose of this designation as the

authorized representative is to obtain federal and/or state

emergency or disaster assistance funds regarding the 2020

Cold Springs Fire, 4584-DR-WA. These representatives are

authorized to certify completion of projects, request

payments, and prepare all required documentation for

funding requirements. Authorized Chair or designee to sign

all pertinent documents.

To support the Public Safety Program's request for an annual

stipend of $3,000.00 to purchase materials, advertisements,

and other necessities to participate in the "National Night

Out" program. The National Night Out "nno" program is an

annual nationwide community-law enforcement relationship

building campaign observed the second Tuesday of August.

This would provide a strong community enhancing program

and give our law enforcement services positive and direct

contact with the members and youth of the tribe. This

funding shall come from donations.

To amend resolution 2018-33, more specifically to adjust

the current pay classification of the following positions:

Chief of Corrections (Commander of Corrections) 128 to

133, Corrections Lieutenant 124 to 127, and Corrections

Sergeant 121 to 125 this will ensure equality in pay between

the Police Department and Department of Corrections for

their duties and responsibilities are similar. The Chairman or

designee to sign all related documents.

Special Session

October 20, 2022

Kelli Tonasket, Executive Office Assistant

Page 8 of 8

0 AGAINST

0 ABSTAINED

9 FOR (JF, CM, KC, NS,

DB, RF, CP, JS, TZB)

0 AGAINST

0 ABSTAINED

8 FOR (JF, CM, KC, NS,

RF, CP, JS, TZB)

1 AGAINST (DB)

0 ABSTAINED