COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

June 4th, 2015

Resolution Index

Condensed by, Trisha Jack, Administrative Assistant II

Council Members Present:

Jim Boyd, Mel Tonasket, William Nicholson II, Jack Ferguson, Edwin Marchand,

Marvin Kheel, Andy Joseph Jr., Ricky Gabriel, Michael Marchand, Allen

Hammond, Joe Somday, Nancy Johnson, Stevey Seymour, Richard Tonasket

Delegation/Absent:

Resolution No.

Condensed Recommendation Information

10-Signature

2015-351.l&j/m&b

To approve Modification #1 to Contract C14-494 to extend

the contract end date to September 30, 2015 and to increase

the funds by $120,000.00 (One Hundred Twenty Thousand

Dollars). All other terms and conditions remain unchanged

and are in full force and effect. The total of this contract

after the increase of funds is $395,000.00 (Three Hundred

Ninety-Five Thousand Dollars) for an Adult Inmate Housing

Contract with BIA RMRO 0004. Chairman or designee to

sign all pertinent documents.

To approve reimbursement to the Colville Tribe's

Environmental Trust Department from the Federal On-Scene

Coordinator (FOSC) Oil Spill Liability Trust Fund not to

exceed $50,000.00 for the tanker truck accident that occurred

on Highway 21. Reimbursements will be credited to the

account from which the expense was taken. Chair or

designee has authority to sign all related paperwork.

To approve the proposed insurance renewal from Conover

Insurance. The renewal amount for the 2015-2016 year is

Eight Hundred Sixty-Four Thousand One Hundred and two

dollars ($864,102.00). These are tribal dollars with partial

reimbursement through 638 contracts and grant dollars. In

addition the insurance premium for Colville Indian Precision

Pine (CIPP) is Forty Seven Thousand Four Hundred

Seventy-six dollars and Fifty cents ($47,476.50). Also, to

authorize the Chairperson or designee the authority to sign

all pertaining documents and approve monthly payments to

Conover Insurance.

To adopt, Isabelle Hope Larue, as applicant meets the

requirements of Section 8-1-160 of Enrollment Ordinance

and Constitution of the Confederated Tribes of the Colville

10-Signature

2015-352.nrc/cdc

10-Signature

2015-353.m&b

2015-354.tg

Special Session

June 5th 2015

Trisha Jack, Administrative Assistant II

Colville Business Council Vote Tally

10 FOR (MK, SS, JF, WN, JB, NJ, RG, JS, AJ,

RT)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 F0R (WN, MT, RT, MM, RG, AJ, JB, SS, AH,

NJ)

0 AGAINST

0 ABSTAINED

*Rationale: Cody Desautel signature

10 FOR (JB, JS, AJ, MM, EM, JF, RT, MT, NJ,

AH)

0 AGAINST

0 ABSTAINED

Rationale: Renewal is June 5th so time is the

reason for 10 signatures

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

Page 1

2015-355.tg

2015-356.e&e

Reservation.

0 ABSTAINED

To adopt, Ryder Jacob Alan Valde-Wapato, as applicant

meets the requirements of Section 8-1-160 of Enrollment

Ordinance and Constitution of the Confederated Tribes of

the Colville Reservation.

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

To approve the annual 7.01 plan between the state DVR and

CCT/TVR. Chair or designee to sign all relevant documents.

12 FOR (MT, BN, JG, EM, MK, AJ, MM, AH, JS,

NJ, SS, RT)

0 AGAINST

0 ABSTAINED

0 AGAINST

0 ABSTAINED

2015-357.nrc

2015-358.nrc

2015-359.nrc

2015-360.nrc

2015-361.nrc

2015-362.nrc

2015-363.nrc

To approve new sub-contract 3175515 ICF Jones & Stokes

in the amount of $80,325.00 and the dates are from signed

document to January 31, 2016 and authorize the Chairman or

his/her designee to sign all pertinent documents. Attached is

sub contract and SOW. No tribal dollars associated.

To amend resolution 2015-296 adding fund 1762-$80,267.00

and 312014-$115,348.00 for Shannon Industrial for a total

amount of $195,615.00 and authorize the Chairman or

his/her designee to sign all pertinent documents. Attached

resolution 2015-296 and sub contract. No Tribal dollars

associated.

To approve MOA and budget for Trout Unlimited/Orvis

1000 in the amount of $5,000.00 for the period of May 5,

2015 thru December 31, 2015 and authorize the Chairman or

his/her designee to sign all pertinent documents. Attached is

MOA & budget. No Tribal dollars associated.

To approve the new full award for 316715 Okanogan sub

Basin Implementation & habitat Project CAP in the amount

of $425,970.00 and the dates are from July 1, 2015 to June

30, 2016 and the chairman or his/her designee is authorized

to sign all pertinent documents. Attached is the full contract

award. No Tribal dollars associated.

To approve the new full award for 316615 Okanogan Sub

Basin Implementation & Habitat Project EXP in the amount

of $1,592,894.00 and that dates are from July 1, 2015 to June

30, 2016 and the Chairman or his/her designee is authorized

to sign all pertinent documents. Attached is the full contract

award. No Tribal dollars associated.

To approve new full award for Methow Habitat Restoration

in the amount of $417,703.00 and the dates are from July 1,

2015 to June 30, 2016 and authorizes the Chairman or

his/her designee authorized to sign all pertinent documents.

Attached is new contract and budget. No Tribal dollars

associated.

To approve new full award for United States Fish & Wildlife

Service in the amount of $10,000.00 and the dates are from

signed document to September 30, 2015 and authorizes the

Chairman or his/her designee authorized to sign all pertinent

Special Session

June 5th 2015

Trisha Jack, Administrative Assistant II

*Out of the Room (RG)

12 FOR (MT, BN, JG, EM, MK, AJ, MM, AH, JS,

NJ, SS, RT)

0 AGAINST

0 ABSTAINED

*Out of the Room (RG)

12 FOR (MT, BN, JG, EM, MK, AJ, MM, AH, JS,

NJ, SS, RT)

0 AGAINST

0 ABSTAINED

*Out of the Room (RG)

12 FOR (MT, BN, JG, EM, MK, AJ, MM, AH, JS,

NJ, SS, RT)

0 AGAINST

0 ABSTAINED

*Out of the Room (RG)

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

Page 2

2015-364.nrc

2015-365.nrc

2015-366.nrc

2015-367.nrc

2015-368.nrc

2015-369.nrc

documents. Attached is new contract and budget. No Tribal

dollars associated.

To approve new full award for 911615 Resident Fish RM&E

in the amount of $282,233.00 for the period of May 1, 2015

thru April 30, 2016 and authorize the Chairman or his/her

designee to sign all pertinent documents. Attached is new

full award. No Tribal dollars associated.

To approve new grant award for Climate Change BIA Grant

in the amount of $287,028.00 for the period of April 30,

2015 thru March 31, 2016 and authorize the Chairman or

his/her designee to sign all pertinent documents. Attached is

new grant award. No Tribal dollars associated.

To approve the new full award for 320815 Upper Columbia

United Tribes (UCUT) in the amount of $167,800.00 dates

are from April 18, 2015 to March 31, 2016 and authorize the

Chairman or his/her designee to sign all pertinent

documents. Attached is full contract award. No Tribal

dollars associated.

To approve bid item No. O-1, Pasture Lease No. 15-038 to

T3 Ranch LLC, Nonmember, for Colville Tribal Tract No.

101-T853 described as:

101-T853: The SW¼SE¼ and the S½SE¼SE¼ of Section

13 and the N½NE¼ of Section 24, Township 33 North,

Range 26 East, Willamette Meridian, Okanogan County,

Washington, containing 140.00 acres, more or less.

TERM: 5 years, from January 1, 2015 to December 31,

2019. Compensation: $550.00 per annum, subject to Fair

Market Rental Value. Bond: $550.00 (Equivalent to one

year rent). Lease Fee: $16.50 (One-time fee).

Lease subject to conditions cited in IRMP Coordinator’s

review. Chairman or designee has authority to sign all

pertinent documents.

To approve Bid Item No. N-7, Pasture Lease No. 13-121 to

Gordon Dick, Tribal Member, for Colville Tribal Tract No.

101-T2121 (por) described as:

101-T2121 (por): The NW¼NW¼SE¼ of Section 19,

township 31 North, Range 31 East, Willamette Meridian,

Okanogan County, Washington, containing 10.00 acres,

more or less.

TERM: 5 years, from July 1, 2015 to June 30, 2020.

Compensation: $100.00 per annum, subject to Fair Market

Rental Value. Bond: $100.00 (Equivalent to one year rent).

Lease Fee: $15.00 (One-time fee).

Lease subject to conditions cited in IRMP Coordinator’s

review. Chairman or designee has authority to sign all

pertinent documents.

To approve bid item No. O-3, Pasture Lease No. 15-89 to

Ryan Desautel, Tribal Member, for Colville Tribal Tract No.

101-T581-A (por) described as:

101-T581-A (por): That part of the S½NE¼ lying north and

east of state Highway 10-A in Section 18, T.33N., R. 29 E.,

WM, EXCEPT that parcel described as: Commencing at the

Special Session

June 5th 2015

Trisha Jack, Administrative Assistant II

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

11 FOR (MT, BN, JG, EM, MK, AJ, MM, AH, JS,

SS, RT)

0 AGAINST

0 ABSTAINED

*Out of the Room (RG, NJ)

12 FOR (MT, BN, JG, EM, MK, AJ, MM, AH, JS,

NJ, SS, RT)

0 AGAINST

0 ABSTAINED

*Out of the Room (RG)

Page 3

2015-370.nrc

SE corner of the SE¼NE¼ also being the SE corner of Tract

01-581-A, thence northerly along the section line common to

Section 17 & 18, a distance of 453 feet, thence northwesterly

and parallel to state Highway 155, a distance of 467 feet,

thence southerly parallel to the section line common to

Section 17 & 18, a distance of 467 feet, thence southeasterly

along State Highway 155, a distance of 424 feet, more or

less, to the south line of SE¼NE¼ thence easterly along the

south boundary line of said SE¼NE¼ a distance of 40 feet,

more or less, back to the true point of beginning, containing

5.00 acres, more or less, and EXCLUDING home site on

that portion lying north of state Highway 155 within the

W½NE¼SW¼NE¼ of Section 18, Township 33 North,

Range 29 east, Willamette Meridian, Okanogan County,

Washington, containing 5.00 acres, more or less. Containing

41.91 acres, more or less, AFTER THE ABOVE

EXCEPTION.

TERM: 5 years, from July 1, 2015 to June 30, 2020.

Compensation: $100.00 per annum, subject to Fair Market

Rental Value. Bond: $100.00 (Equivalent to one year rent).

Lease Fee: $15.00 (One-time fee).

Lease subject to conditions cited in IRMP Coordinator’s

review. Chairman or designee has authority to sign all

pertinent documents.

To rescind resolution 2012-704. Eric Ferguson withdrew his

interest in this home site lease. Chairman or designee has

authority to sign all pertinent documents.

11 FOR (MT, BN, EM, MK, AJ, MM, AH, JS, NJ,

SS, RT)

0 AGAINST

1 ABSTAINED (JF)

*Out of the Room (RG)

2015-371.nrc

2015-372.nrc

To approve the Branch of Realty to proceed with the land

exchange of equal value where Richard Moses wishes to

exchange his undivided interests in the Josephine Narcisse

Allotment 101-H47; the Suapkin Allotment 101-350; the

Peter Monaghan Allotment 101-1790; and the Agatha

Monaghan Allotment 101-1791 for 10 acres within Tribal

Tract 101-T785. SEE ATTACHED LEGAL

DESCRIPTIONS.

Upon approval, the Branch of Realty will request timber

cruises/appraisals to determine the Fair Market Value for an

equal value exchange.

Chairman or designee has authority to sign all documents.

To transfer the following property from Colville Tribal

Credit Corporation to the Confederated Tribes of the

Colville Reservation: LOT 12, BLOCK 67, SECOND

REVISED OKANOGAN COUNTY ASSESSOR’S PLAT

OF THE TOWN OF COULEE DAM, WASHINGTON, AS

PER PLAT THEREOF RECORDED IN BOOK “F” OF

PLATS, PAGES 39 AND 40, RECORDS OF THE

AUDITOR OF OKANOGAN COUNTY, WASHINGTON

IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 31

Special Session

June 5th 2015

Trisha Jack, Administrative Assistant II

12 FOR (MT, BN, JG, EM, MK, AJ, MM, AH, JS,

NJ, SS, RT)

0 AGAINST

0 ABSTAINED

*Out of the Room (RG)

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

Page 4

2015-373.nrc/m&b

2015-374.nrc

2015-375.nrc/m&b

2015-376.nrc

2015-377.nrc/m&b

EAST, W.M. EXCEPT THAT PORTION OF LOT 12,

BLOCK 67 LYING EASTERLY OF A LINE WHICH IS

PARALLEL TO, WESTERLY OF AND 0.5 OF A FOOT

PERPENDICULARLY DISTANT FROM THE

EASTERLY LINE OF SAID LOT 12, SITUATE IN THE

COUNTY OF OKANOGAN, STATE OF WASHINGTON.

Commonly known as 1123 Central Drive, Coulee Dam, WA

99116. Valued at $80,000.00. The Chairman or designee

authorized to sign all pertinent documents.

To approve a requisition in the amount of $125,000.00 to

Short Cressman Burgess (C15-058, R14-682) per

amendment 36 Item No. (A) 00045 of BIA 638 Contact

A08AV00190 for applicable cost related to the Upper

Columbia River Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA) site in the

litigation against Teck Cominco metals, LTD. The request

qualifies under the provision oat 25 CFR 89.41(a). All

invoices will be examined by BIA Superintendent to ensure

that the work performed is related and within the rate limit

authorized then submitted for review and approval by ORA

and Environmental Trust. No additional dollars are being

requested.

To approve a 3-year consultant contract with Anatek Labs,

Inc. for water quality laboratory analysis and reporting, in

the amount of $82,680.00. Water samples to be analyzed are

collected on the Reservation by Environmental trust. EPA

Clean Water Section 106 funds; no Tribal dollars. Chairman

authorized to sign all related documents.

To approve Parks and Recreation budget modification

utilizing unspent salary and fringe to cover the cost of

increases resulting from salary adjustments, to purchase new

weapons and chainsaws and to pay archaeological survey for

proposed San Poil boat launch. No additional dollars and no

indirect. Chairperson or designee authorized to sign all

documents pertaining to this request.

The Fish & Wildlife Department has provided recommended

2015 CCT Tribal Member Fishing Regulations for summer

Chinook and Sockeye fisheries in the Okanogan River, the

Columbia River and the Chief Joseph Dam tailrace Snag

Fishery for the Natural Resource Committee’s review and

action, the Natural Resource Committee approves the 2015

CCT Tribal Member Fishing Regulations for summer

Chinook and Sockeye fisheries in the Okanogan River, the

Columbia river and the Chief Joseph Dam Tailrace Snag

Fishery. Chair or designee is authorized to sign all pertinent

documents.

To approve the contract for re-measurement of 305

Continuous Forest Inventory plots. Total contract award not

to exceed $73,200.00. No Tribal dollars will be expended.

See attached documentation for contract requirements and

deliverables. Chairperson or designee has the authority to

sign all pertinent documents.

Special Session

June 5th 2015

Trisha Jack, Administrative Assistant II

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

Page 5

2015-378.nrc

To approve the 2015 CCT Sinixt Hunting Regulations. The

Chair or designee is authorized to sign all pertinent

documents.

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

2015-379.cdc

2015-380.cdc

2015-381.cdc

2015-382.l&j

2015-383.l&j

2015-384.l&j

To support the request made by the City of Omak to allow

for legally licensed ATV's to be operated by licensed drivers

on specific road ways in East Omak to foster community

connectivity and access to Tribal facilities. Those road ways

will include Omak Avenue, Jackson Street and 8th Avenue.

Following a one year trial period, the issue of legally

licensed ATV's operating on the Colville Indian Reservation

within East Omak will be revisited.

To approve CCT participation with EWU in the Washington

State Tribal Transportation Safety Demonstration Project.

The project will provide a data driven tribal transportation

assessment for the Colville Tribe using Target Zero

priorities. The Colville Tribe will participate as one of the

six demonstration tribes. The Colville Tribe will assign a

tribal staff to collaborate with EWU faculty, staff, and

student to collect information relevant to the Tribal

Transportation Safety Model. EWU will complete the

research and present the findings to the Colville Tribal

Community and Tribal Business Council. The Colville

Tribe will participate in the consideration of actions to

eliminate fatalities on reservation roads.

To approve the following change orders for contract C15068 with Selland Construction Inc.: change order #3 in the

amount of $13,402.32 and change order #4 in the amount of

$27,245.90; bringing the total amount of the contract to

$1,693,646.96. No additional time required. Project funded

with Federal dollars under the G2G agreement

A12AP01269. No Tribal dollars. Chairman or designee to

sign all pertinent documents.

To amend Chapter 1-2 Rules of the Court Code as proposed

(attached). Chapter 1-2 has been processed utilizing CBC

Procedural Rule 3 (d) where the Committee finds the

proposed amendment is a non-substantive Code language

correction which creates no new requirements, obligations,

prohibitions, or other material changes in the existing Code.

Upon approval, a copy shall be forwarded to the Coder

Reviser for certification and distribution.

To stay the amendments for Chapter 3-1 Criminal Code as

proposed (attached). Chapter 3-1 has been processed

utilizing CBC Procedural Rule 3 (b), (e), (f), and (g) and is

in the final stage. Resolution 2015-227.ele orders a

referendum vote on legalization of marijuana on the Colville

reservation for the 2015 General Election. Committee

approves a stay on the amendment depending the outcome of

the referendum vote. Comments have been received for

consideration in this code amendment process.

To approve resolutions and/or directives to allow all

Special Session

June 5th 2015

Trisha Jack, Administrative Assistant II

10 FOR (MT, BN, JG, EM, AJ, RG, MM, JS, SS,

RT)

2 AGAINST (MK, AH)

1 ABSTAINED (NJ)

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

13 FOR (MT, BN, JG, EM, MK, AJ, RG, MM,

AH, JS, NJ, SS, RT)

0 AGAINST

0 ABSTAINED

12 FOR ( BN, JG, EM, MK, AJ, RG, MM, AH,

Page 6

participants that are normally excluded from gaming

activities (Gaming Commission members and employees,

employees of the Colville Gaming LLC, and vendors who

possess a Tribal Gaming license) to be allowed to participate

in the 12 Tribes Resort Casino Exclusive Ribbon Cutting

Ceremony Events as well as play their own personal money.

During this event participants will be allowed to play poker,

table games, and EGD/EA gaming machines as well as

participate in promotional activities. Chairman or designee

authorized to sing all pertinent documents.

Special Session

June 5th 2015

Trisha Jack, Administrative Assistant II

JS, NJ, SS, RT)

0 AGAINST

1 ABSTAINED (MT)

Page 7