COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

July 12th, 2012

Resolution Index

Condensed by, Trisha Jack, CBC Recording Secretary

Council Members Present: Benny Marchand Jr., Michael Finley, Sylvia Peasley, Andy Joseph Jr., Ricky Gabriel,

Brian Nissen, Luana Boyd-Rowley, Ernest Brooks III, Doug Seymour (present at

9:28 am), Richard Swan Sr. and Darlene Zacherle

Delegation/Absent: Ernie Williams, Cherie Moomaw and Harvey Moses Jr.

Resolution No.

10-Signature

2012-401.nrc

10-Signature

2012-402.nrc

10-Signature

2012-403.nrc

10-Signature

2012-404.nrc

10-Signature

2012-405.hhs

Condensed Recommendation Information

Colville Business Council Vote Tally

To approve the following sub-contract for 317512 ICF

Jones & Stokes Inc. in the amount of $63,029.00 and

dates are July 1, 2012 thru January 31, 2013 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. No Tribal dollars associated.

To approve the following sub-contract for 312712 LGL

Limited in the amount of $125,857.00 and dates are

June 1, 2012 thru May 31, 2013 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. No Tribal dollars

associated.

To approve the FY 2012 contract award for 911912 US

Spring Chinook Project in the amount of $150,000.00

for the period of July 1, 2012 thru June 30, 2013 and

authorize the Chairman or his/her designee to sign

contracts and all or any related documents. No Tribal

dollars associated. This is the full contract award.

To approve FY 2012 contract award for 7703 Columbia

River Water Management Project in the amount of

$500,000.00 for the period of July 1, 2012 thru June 30,

2013 and authorize the Chairman or his/her designee to

sign contract and all or any related documents. No

Tribal dollars associated. This is the full contract

award.

To approve to move $21,451.00 from the Keller

Community Center's FY 2011 carryover monies to the

Convalescent Center to remove and replace the failed

Trane condensing unit and install a new Carrier brand

10 FOR (DS, EW, AJ, BN, CM, DZ, SP, RG, MF,

EB)

Regular Session

July 12th, 2012

Trisha Jack, CBC Recording Secretary

0 AGAINST

0 ABSTAINED

*Rationale: No NRC June 19th

10 FOR (DS, EW, AJ, BN, CM, DZ, SP, RG, MF,

EB)

0 AGAINST

0 ABSTAINED

*Rationale: No NRC June 19th

10 FOR (DS, EW, AJ, BN, CM, DZ, SP, RG, MF,

EB)

0 AGAINST

0 ABSTAINED

*Rationale: No NRC on June 19th

10 FOR (DS, EW, AJ, BN, CM, DZ, SP, RG, MF,

EB)

0 AGAINST

0 ABSTAINED

*Rationale: No NRC June 19th

10 FOR (DZ, RG, RS, DS, CM, EB, AJ, EW, SP,

MF)

0 AGAINST

0 ABSTAINED

Page 1

10-Signature

2012-406.cul

10-Signature

2012-407.cul

10-Signature

2012-408.cul

10-Signature

2012-409.cul

12 1/2 ton system with R-410A refrigerant. This also

includes replacing the evaporator coil with a new

fabricated coil to match the Pace air handler and modify

the refrigerant piping on both ends of the system. The

Health & Human Services Committee Chairman or

designee authorized to sign all pertinent documents.

To approve Research Permit Application 2012-21,

"Upper Columbia River Crayfish Survey and Metals

Bioaccumulation", by Tim Kiser. Mr. Kiser will adhere

to the Research Ordinance and will submit a copy of the

completed project to the CCT Fish & Wildlife, CCT

Tribal Health, and Archives & Records Center by

12/31/12. Failure to comply with the Research

Ordinance, submittal of copies to these Tribal

programs, and the deadline, will result in possible legal

action in Tribal Court.

To approve Research Permit Application 2012-03,

Suicide Rider - Fiction Novel by Ms. Amy Ritscher.

Ms. Ritscher will adhere to the Research Ordinance and

the recommendations submitted by the

History/Archaeology Manager. Ms. Ritscher will

provide a copy of her completed project to

History/Archaeology and the Archives & Records

Center by 12/31/12. Failure to comply with the

attached recommendations, the Research Ordinance,

and the deadline will result in possible legal action in

Colville Tribal Court.

To approve Research Permit Application 2012-20,

"National Lakes Assessment" by Jenny Hall,

Washington State Dept. of Ecology. Ms. Hall will

adhere to the Research Ordinance, provide a copy of the

completed project to the Archives & Records Center

and the Environmental Trust Program. Deadline for

completion of Ms. Hall's project is 12/31/12. Failure to

comply with the conditions outlined in this

Recommendation may result in possible legal action in

Colville Tribal Court.

To approve Research Permit Application 2012-19,

submitted by Dominique M. David. Ms. David will be

required to adhere to the recommendations by the

History/Archaeology and Language Preservation

Programs, specifically providing a list of Place Names

to both programs as soon as they are compiled and not

at the end of the project. Ms. David will adhere to the

Research Ordinance and provide a final copy of her

final project to H/A, LLP and the Archives & Records

Center. The deadline for completion of Ms. David's

Regular Session

July 12th, 2012

Trisha Jack, CBC Recording Secretary

*Rationale: This system needs replaced as soon as

possible. It is a failed system that keeps the

Convalescent Center building at a comfortable

temperature for the residents of the Convalescent

Center at this time.

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

MF)

0 AGAINST

0 ABSTAINED

*Rationale: 10 Signature due to Deadlines

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

MF)

0 AGAINST

0 ABSTAINED

*Rationale: Culture Cancelled needs to be

processed ASAP due to timelines

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

MF)

0 AGAINST

0 ABSTAINED

*Rationale: Culture Cancelled needs to be

processed ASAP due to timelines

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

MF)

0 AGAINST

0 ABSTAINED

*Rationale: 10 Signature due to Deadlines

Page 2

10-Signature

2012-410.cul

10-Signature

2012-411.cdc/m&b

10-Signature

2012-412.cul

2012413.hhs/m&b/tg

project is August 31, 2014. Failure to comply with

these requirements may result in legal action in Tribal

Court.

To approve the attached organizational chart for the

History/Archaeology Program. The organizational

chart includes the Tribal Museum & Gift Shop and Fort

Okanogan Interpretive Center. This authorizes the

Chairperson or designee to sign all documents related to

this project.

To approve the annual funding agreement between the

Colville Confederated Tribes of the Colville

Reservation and the Department of the Interior, Bureau

of Indian Affairs. With properly executed CCT

Resolution number, the Tribal Chairperson or designee

shall sign the agreement and any subsequent contracts

extended by the BIA for HIP. This award is

$123,674.00 for FY 2013.

To approve the Memorandum of Agreement between

the City of Omak, Confederated Tribes of the Colville

Reservation and the Omak Stampede, Inc., for the 2012

and 2013 events. Further to authorize the Chairman or

designee to sign all documents associated.

To authorize 20% of the Tribal Trust Settlement

disbursement on August 3, 2012 and minor 1/2 Shares,

provided funds are transferred and available by August

3, 2012. Payment shall be disbursed from PL7219709

account. Payments will be distributed to each eligible

member enrolled and living as of July 26, 2012.

Deadlines for all information pertaining to the payment

shall be July 26, 2012. The following holds are

approved for deposit into the tribal members IIM

account:

10 FOR (HM, EW, AJ, SP, EB, BM, RS, LR, DZ,

CM)

0 AGAINST

0 ABSTAINED

*Rationale: Time – advertising Program Manager

position

10 FOR (CM, RG, AJ, DZ, BM, MF, EB, DS, SP,

LR)

0 AGAINST

0 ABSTAINED

*Rationale: None listed

10 FOR (AJ, DZ, CM, EW, HM, MF, EB, BM, SP,

LR)

0 AGAINST

0 ABSTAINED

*Rationale: See attached memo: Culture

Committee cancellation & time restraints

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

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. Enrollment

Court Orders and

voluntary consent for minors and court declared

incompetent adults.

And a referendum vote concerning an additional 30%

Regular Session

July 12th, 2012

Trisha Jack, CBC Recording Secretary

Page 3

2012-414.tg/ele

2012415.hhs/m&b/tg

2012-416.m&b

2012-417.m&b

2012-418.m&b

2012-419.m&b

distribution.

To honor the petition submitted by membership of the

Colville Tribes. And to honor that by having a

referendum vote within 30 days of approval with the

option of 50%. The percentage included is by the

wishes of the membership petition, meetings, phone

call, emails to current seated Council of the Colville

Tribe.

To approve the request of additional funding in the

amount of $5,000.00 for activities and supplies that will

take place on June 29, 2012 to July 16, 2012 at the 4th

of July Celebration Grounds. Funds will be allocated

from the Annual Donation Budget and receipts will be

provided to the Donations Committee. Chairman or

designee to sign all pertinent documents.

To approve the contract renewal of the Retirement Plan

Service Agreement between United Planners Financial

Services of America, and Charles G. Aubertin, and the

Confederated Tribes of the Colville Reservation, which

includes the limited waiver of sovereign immunity per

the language in the amendment to the contract.

Whereas, the Confederated Tribes of the Colville

Reservation maintains a qualified defined contribution

plan (Plan) and has the right at any time to change

investment advisory services, or the Plan or Trust.

In addition, let it be resolved that authorized

representatives deliver and execute copy of the service

agreement to the trustee and take all steps necessary to

implement the resolution.

To approve the electronic submission of the 2013

Affordable Care Act (ACA): Grants for School-Based

Health Centers Capital (SBHCC) Program by the IT

Director for the maximum amount of $500,000.00 for

purposes of upgrading the network switching

infrastructure for IHS Nespelem Clinic; Tribal Health

Centers; Head Start facilities and the Nespelem

Elementary School District. The Colville Business

Council Chairman to have full signatory authority with

appointed designee as backup.

To approve the budget modification of the Diabetes

Prevention budget in the amount of $110,914.00 to

ensure there is no reduction in direct services provided

by the Diabetes Prevention Program.

To waive the donation policy and approve the donation

of $500.00 to Oliver Williams to attend the National Jr.

High School Rodeo Finals in Gallup, NM. Funds to

Regular Session

July 12th, 2012

Trisha Jack, CBC Recording Secretary

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

9 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, RS)

0 AGAINST

0 ABSTAINED

7 FOR (EB, DZ, AJ, BM, BN, LR, RS)

3 AGAINST (SP, RG, DS)

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

Page 4

2012-420.m&b

2012-421.m&b/l&j

FAILED

2012-422.m&b

2012-423.m&b

come from the Annual Donation Budget. Receipts to

be turned back into the Donations Committee.

To waive the donation policy and approve the donation

of $500.00 to Kaelyn Marchand to attend the National

Jr. High School Rodeo Finals in Gallup, NM. Funds to

come from the Annual Donation Budget. Receipts to

be turned back into the Donation Committee.

To approve negotiating a contract with Cynthia Jordan

to fill the position of Chief Judge of the Colville Tribal

Court and to appoint the CBC L&J Chairman, Interim

Executive Director, Public Safety Director and ORA

Managing Attorney to the negotiating team.

To modify the Administration budget by moving

dollars out of the consultant services into supplies,

travel, training, and into the executive director position

to bring the new executive director salary up to par with

the other directors. No additional dollars needed.

Chair or designee to sign all pertinent documents.

To rescind Resolution 2011-776 in its entirety.

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

7 FOR (EB, DZ, BM, SP, BN, LR, DS)

0 AGAINST

3 ABSTAINED (AJ, RG, RS)

4 FOR (DZ, AJ, BN, DS)

5 AGAINST (EB, BM, SP, RG, LR, RS)

0 ABSTAINED

9 FOR (EB, DZ, AJ, BM, SP, RG, BN, DS, RS)

1 AGAINST (LR)

2012-424.l&j

2012-425.l&j

2012-426.l&j

2012-427.l&j/m&b

To renew the contract for another four year term with

Sheilah Cleveland as Associate Judge, effective August

1, 2012. No tribal dollars attached to this contract.

To approve 1) The Chair or Designee of the CBC sign

the attached contract for temporary legal services to be

provided by Jeremy Stevens and approved by the

division director and representative of ORA. The

contract is from May 29, 2012 - September 30, 2012 the

end of the FY renewable by mutual agreement. 2)

Authorize the posting and recruitment for replacement

Staff Attorney the position will be vacated on June 11,

2012. Neither action requires new money and both

actions remain within budget for this FY.

To approve that the Coordination of Law Enforcement

Agreement between the Colville Tribal Police

Department (CTPD) and Tribal Natural Resource

Enforcement (NRE) personnel be dissolved.

Accordingly, the Law & Justice Committee instructs

the NRE and CTPD to work on an alternate agreement,

or other means delegation of authority which will be

compatible with the CTPD BIA 638 Contract and other

applicable Tribal laws, rules and regulations.

To approve a Construction Contract with Flowers &

Sons Construction to install Exterior Insulation and

Finish System (EIFS) to building perimeter in the

Regular Session

July 12th, 2012

Trisha Jack, CBC Recording Secretary

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

Page 5

2012-428.l&j/m&b

2012-429.l&j/m&b

2012-430.l&j/m&b

2012-431.l&j/m&b

2012-432.l&j/m&b

amount of $244,404.05 (two hundred forty-four

thousand four hundred four dollars and .05 cents).

Funded by CTAS Grant 2010-IP-BX-0079. No Tribal

dollars required.

To approve a Contract with Western Pacific

Surveillance Solutions, Inc. to enhance the surveillance

system by increasing the number of cameras and other

necessary equipment for the amount of $129,727.00

(one hundred twenty-nine thousand seven hundred

twenty-seven dollars and no cents). Funded by CTAS

Grant 2010-IP-BX-0079. No Tribal dollars required.

To approve the attached Requisition &

Recommendation to Purchase from WAT, Inc. in the

amount of $182,818.00 and authorize the Chairman

and/or his designee to sign all or any related documents.

Funded by CTAS Grant Award, no Tribal dollars

utilized.

To approve the attached Requisition &

Recommendation to Purchase 2013 Chevrolet Tahoes

from Sunrise Chevrolet in the amount of $156,686.10

and authorize the Chairman and/or his designee to sign

all or any related documents. Funded by CTAS Grant

Award, no Tribal dollars utilized.

To approve the attached Requisition &

Recommendation to Purchase in car camera systems for

the patrol vehicles in the amount of $42,999.96 from

Watch Guard Digital also to authorize the Chairman

and/or his designee to sign all or any related documents.

Funded by CTAS Grant Award, no Tribal dollars

utilized.

To approve the attached Requisition &

Recommendation to Purchase from Watson in the

amount of $35,609.69. This will also authorize the

Chairman and/or his designee to sign all or any related

documents. Funded by CTAS Grant Award, no Tribal

dollars utilized.

Regular Session

July 12th, 2012

Trisha Jack, CBC Recording Secretary

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

10 FOR (EB, DZ, AJ, BM, SP, RG, BN, LR, DS,

RS)

0 AGAINST

0 ABSTAINED

Page 6