# COLVILLE CONFEDERATED TRIBES (2022)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A01a929d8d0b97ee6

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A01a929d8d0b97ee6. Public record. Not legal advice.