COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

February 24, 2012

Resolution Index

Condensed by, Trisha Jack, CBC Recording Secretary

Council Members Present: Ernie Williams, Ferdinand Louie, Michael Finley, Sylvia Peasley, Ricky Gabriel,

Brian Nissen, Cherie Moomaw, Luana Boyd-Rowley, Ernest Brooks III, Harvey

Moses Jr., Doug Seymour, Richard Swan Sr., and Darlene Zacherle.

Delegation/Absent: Andy Joseph Jr.

Resolution No.

10-Signature

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10-Signature

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Condensed Recommendation Information

Colville Business Council Vote Tally

To approve the CCT Head Start Programs "School

Readiness Project" grant application from the

Department of Education. The total amount of the

grant application is $1.2 million over a 48 month

period. No tribal dollars required. The Chair or his

designee may sign all pertinent documents pertaining to

the grant application.

To approve (1) the attached settlement agreement

between CCT and WDFW in Colville v. Anderson; (2)

dismiss Colville v. Anderson without prejudice; (3)

rescind Resolution 2011-168; and (4) approve the

attached protocol requiring WDFW officers in engaged

in natural resource enforcement activities on the

Reservation to provide CCT dispatch with notice that is

reasonably calculated to allow CCT enforcement to

compile an annual report of its natural resource

enforcement warnings, citations, and prosecutions

against non-members on the Reservation. Chairman or

designee shall have authority to sign all pertinent

documents to implement this recommendation. No

tribal dollars attached.

To approve the Joint Stipulation of Settlement and

authorize execution of same on the Colville Tribes’

behalf by the Tribes’ legal counsel. Legal counsel is

authorized to make any necessary non-substantive

changes to effectuate filing. Chairman or designee has

authority to sign all pertinent documents.

To approve the 2012 181-D Annual BPA Settlement

disbursement from account PL7219709 in the amount

of $2,170.00 to each eligible tribal member of the

11 FOR (DZ, CM, SP, HM, BN, LR, EW, RS, MF,

EB, AJ)

Special Session

February 24, 2012

Trisha Jack- CBC Recording Secretary

0 AGAINST

0 ABSTAINED

*Rationale: Timelines; Due February 21, 2012

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

11 FOR

0 AGAINST

0 ABSTAINED

10 FOR (RG, DS, HM, EB, MF, BN, FL, LR, EW,

DZ)

0 AGAINST

Page 1

Confederated Tribes of the Colville Reservation and to

include pending cases: #012-048; #012-049; #012-50 to

be distributed on or before March 26, 2012. Half share

request deadline is March 8, 2012. The following holds

are approved for deposit into the tribal members IIM

account:

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1. Children & Family Services- Court Orders and

voluntary consent for minors and court declared

incompetent adults.

2. Social Services (Regular) - Court Orders and

voluntary consent for minors and court declared

incompetent adults.

3. IIM (OST) - Court Orders and voluntary consent for

minors and court declared incompetent adults.

To Rescind Resolution No.: 2010-844, dated December

2, 2010 for Vance Cleveland home site lease. Mr.

Cleveland did not sign his home site lease for approval

and the property has not been utilized. Mr. Cleveland

has a pending land exchange with Acquisitions and

Disposals. The property is described as:

0 ABSTAINED

*Rationale: Timelines

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

The N1/2NW1/4NE1/4NW1/4 of Section 25, Township

31 North, Range 30 East, Willamette Meridian,

Okanogan County, Washington, containing 5.00 acres,

more or less.

Chairman or Designee has authority to sign all pertinent

documents.

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To approve a Pasture Lease No. 11-63 to Harold

Charley, Tribal Member, for Tribal Tract No. 101T5415 (por) described as:

11 FOR (EB, DZ, EW, FL, SP, RG, BN, CM, LR,

DS, RS)

1 AGAINST (HM)

0 ABSTAINED

7.50 acres within a portion in the S1/2S1/2SE1/4SW1/4

lying South of State Highway 155 in Section 9, and the

W1/2NE1/4NW1/4NW1/4 in Section 16, all in

Township 33 North, Range 28 East, Williamette

Meridian, Okanogan County, Washington

Term: 5 years Year Pasture Lease from date of

approval.

Compensation: $147.00 per annum, subject to Fair

Market Rental every 5 years.

Chairman or Designee has authority to sign all pertinent

Special Session

February 24, 2012

Trisha Jack- CBC Recording Secretary

Page 2

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documents.

To approve the following sub-contract for Leading

Edge Aviation, LLC in the amount of $35,000 and

dates are 02/01/12 thru 03/15/12 and authorize the

Chairman or his/her designee is authorized to sign

contract and all or any related documents Attached is

the original sub-contract & SOW.

To approve the following contract for 315812 M&E

Okanogan Basin in the amount of $2,557,926.00 and

dates are March 1, 2012 thru February 28, 2014 (2 year

contract) and authorize the Chairman or his/her

designee is authorized to sign contract and all or any

related documents. Attached is the original contract &

SOW. No tribal dollars associated.

To approve the following sub-contract change order for

Aspect Consulting date extension to April 30, 2012,

dollar value remain the same and authorize the

Chairman or his/her designee is authorized to sign

contract and all or any related documents. Attach is the

original sub-contract and SOW.

Amended contract amount: $167,266.00

To rescind Tribal Resolution 2012-17 and to approve

the Branch of Realty to proceed with the land exchange

of equal value where Mike Marcellay wishes to

exchange his undivided interest in Colville Allotment

151-MA-8 Tribal Tracts 101-T3242 (66.30 acres, m/l),

101-T3436 (26.10 acres, m/l), and 101-T3506 (48.82

acres, m/l).

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

11 FOR (EB, DZ, EW, SP, RG, BN, CM, LR, HM,

DS, RS)

0 AGAINST

0 ABSTAINED

**OUT OF THE ROOM (FL)

See attachment for legal descriptions:

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Upon approval, the Branch of Realty will request

Office of Special Trustee (OST) Appraisals for all trust

properties. Once they are in receipt of the appraisals,

this transaction will be brought back to the Natural

Resource Committee for approval to finalize this

transaction.

To approve Research Permit Application #2012-02/

Whitney Fraser and Doctors studying Chrohn's Disease

and Ulcerative Colitis (collectively known as

Inflammatory Bowel Disease or IBD) have identified as

unusual cluster of the disease in Northport, WA. The

Colville Reservation is the location of study, with

potential emphasis on Inchelium, WA. Colville

Confederated Tribes will maintain all copy rights. A

copy of the study will be given to Colville

Special Session

February 24, 2012

Trisha Jack- CBC Recording Secretary

11 FOR (EB, DZ, EW, SP, RG, BN, CM, LR, HM,

DS, RS)

0 AGAINST

0 ABSTAINED

*OUT OF THE ROOM (FL)

Page 3

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Confederated Tribes Archives & Records. Failure to

comply with the Research Ordinance will result in

Colville Tribal Court.

To grant Dakota Eugene Beach membership in the

Colville Confederated Tribes, by Adoption.

10 FOR (EB, DZ, EW, SP, RG, BN, CM, LR, HM,

DS, RS)

0 AGAINST

0 ABSTAINED

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To grant Julius Terrence RaJon Ervin membership in

the Colville Confederated Tribes, by Adoption.

*OUT OF THE ROOM (FL and EW)

11 FOR (EB, DZ, EW, SP, RG, BN, CM, LR, HM,

DS, RS)

0 AGAINST

0 ABSTAINED

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To grant Silver Stone Three Irons membership in the

Colville Confederated Tribes, by Adoption.

*OUT OF THE ROOM (FL)

10 FOR (EB, DZ, EW, SP, RG, BN, CM, LR, HM,

DS, RS)

0 AGAINST

0 ABSTAINED

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To grant Kalianne Marie Cate membership in the

Colville Confederated Tribes, by Adoption.

*OUT OF THE ROOM (FL and EW)

11 FOR (EB, DZ, EW, SP, RG, BN, CM, LR, HM,

DS, RS)

0 AGAINST

0 ABSTAINED

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To allow Enrollment Department to make an exception

to Resolution #2003-052 and approve a Fire Grant to

Twila Desautel in the amount of $1,000. Extensive

smoke and water damage to home. Occupants unable

to reside at residence.

To recognize that Life, Safety, and property damage

reduction is a key for the tribes, all Tribal employees

that are certified and approved on-call and volunteer

first responders outside of the Public Safety Division,

be allowed to respond to emergencies as needed during

regular business hours. As long as it does not interfere

with their regular job duties and it is approved by their

supervisor. Employees will be allowed to take leave

without pay from their regular programs and be paid by

the program requesting their response.

To (upon motion thru Colville Tribal Court from an

enrolled member of a federally recognized tribe). Direct

the Colville Tribal Court to evaluate, accept when

appropriate, and direct incarceration in the Colville

Tribal Facility through a Colville Tribal Court order.

Convictions/charges that will not be considered: sex

offenses, crimes of violence, drug related

(manufacture/cultivate/deliver), or any crime which is

Special Session

February 24, 2012

Trisha Jack- CBC Recording Secretary

*OUT OF THE ROOM (FL)

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

8 FOR (EB, DZ, EW, FL, RG, BN, LR, RS)

4 AGAINST (SP, CM, HM, DS)

0 ABSTAINED

Page 4

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covered by the major crimes act.

Offender must be sentenced for less than one year.

To approve the Colville Tribes Corrections Facility

Administrator, the authority to grant additional

goodtime credit to those inmate workers (trustees) that

quality, and have conducted special work details for

nonprofit Colville Tribal programs.

To approve Margo Hill for a three-year appointment for

Gaming Commissioner.

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

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To enact the amendments for Chapter 7-1,

Governmental Corporations as proposed. Chapter 7-1

has been processed utilizing CBC Procedural Rule 3

(b), (e), (f) and (g) and is in the final stage. Once

approved, a copy shall be forwarded to the Code

Reviser for certifications and distributions. No

comments have been received for consideration in the

code amendment process.

To enact the amendments for Chapter 2-5, Debt Set-off

as proposed. Received one comment and it has been

incorporated into the amendments. Chapter 2-5 has

been processed utilizing CBC Procedural Rule 3 (b),

(e), (f), and (g) and is in the final stage. Once

approved, a copy shall be forwarded to the Code

Reviser for certification and distribution.

To enact the amendments for Chapter 6-5, Gaming as

proposed. Chapter 6-5 has been processed utilizing

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

final stage. Once approved, a copy shall be forwarded

to the Code Reviser for certification and distribution.

No comments have been received for consideration in

the code amendment process.

To enact the amendments for Chapter 3-1, Criminal

Code as proposed. Chapter 3-1 has been processed

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

and is in the final stage. Once approved, a copy shall

be forwarded to the Code Reviser for certification and

distribution. No comments have been received for

consideration in the code amendment process.

This Modification is entered into pursuant to Section

XVIII to change the billing rate of the contract.

Contract cost remains unchanged, and the amount has

been budgeted by the Colville Business Council in its

FY 2012 Budget; no new dollars required. Chair or

designee to sign all documents.

To authorize the Office of Public Safety to research the

Special Session

February 24, 2012

Trisha Jack- CBC Recording Secretary

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

11 FOR (EB, DZ, EW, FL, SP, RG, BN, LR, HM,

DS, RS)

1 AGAINST (CM)

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

Page 5

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creation of a Colville Tribal 8 (a) corporation that will

have the ability to successfully compete for security and

public safety related contracts such as those at Chief

Joseph and Grand Coulee Dam, in addition to any other

Department of Defense (DOD), Department of

Homeland Security (DHS), or any other governmental

entities with contactable security/public safety related

contract opportunities. As part of this recommendation,

the committee authorizes the Public Safety Director

and/or Chief of Police to enter into dialog with the

Army Corps of Engineers (ACOE), and the DOYON

Security company relating to security operations and

contracting pertaining to the Chief Joseph and other

related projects. As per this recommendation all

matters concerning the development of a Tribal

Security company shall be vetted through the Office of

Reservation Attorney's and authorizes the Chair or

designee to all necessary documents.

To approve the attached 2012/2013 Non-Member

Sports Fishing Regulations.

0 AGAINST

0 ABSTAINED

11 FOR (EB, DZ, EW, FL, SP, RG, BN, CM, LR,

DS, RS)

1 AGAINST (HM)

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To approve the attached budget modifications #5 to the

910811-F&W Administration Accord in the amount of

$142,744 bringing the new contract total to $2,810,399

and authorize the Chairman and/ or designee to sign

contract and all or any related documents. Funded by

BPA, no Tribal dollars.

To approve the attached budge modifications #5 to the

312210 - Chief Joseph Hatchery Project in the amount

of $2,866,039 bringing the new contract total to

$9,191,905 and authorize the Chairman and/ or

designee to sign contract and all or any related

documents. Funded by BPA, no Tribal dollars.

To approve the attached sub-contract with Environ in

the amount of $144,000 and authorize the Chairman

and/ or designee to sign contract and all or any related

documents. Funded by BPA, no Tribal dollars.

To approve the attached sub-contract with Gantzer

Water Resource Engineering, LLC in the amount of

$55,290 and authorize the Chairman and/ or designee to

sign contract and all or any related documents. Funded

by BPA, no Tribal dollars.

To approve the attached sub-contract change order #3

to ICF Jones and Stokes for a No Cost Time Extension

to April 3, 2012 and authorize the Chairman and/ or

designee to sign contract and all or any related

Special Session

February 24, 2012

Trisha Jack- CBC Recording Secretary

0 ABSTAINED

9 FOR (EB, EW, FL, RG, BN, CM, LR, DS, RS)

2 AGAINST (SP, HM)

1 ABSTAINED (DZ)

9 FOR (EB, EW, FL, RG, BN, CM, LR, DS, RS)

2 AGAINST (SP, HM)

1 ABSTAINED (DZ)

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

Page 6

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documents. Funded by BPA, no Tribal dollars.

To authorize Chairman to sign a letter requesting EPA

waive the tribal In-Kind match requirements for FY

2013 and following years Clean Water Act Section 106

and 319 grants.

The Chairman shall be authorized to sign a letter to

EPA containing natural resource program comments

relating to NEPA assessment of net pen operations on

Lake Rufus Woods.

Special Session

February 24, 2012

Trisha Jack- CBC Recording Secretary

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

12 FOR (EW, FL, SP, RG, BN, CM, LR, EB, HM,

DS, RS, DZ)

0 AGAINST

0 ABSTAINED

Page 7