# COLVILLE CONFEDERATED TRIBES > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A313f20b0bd15e294 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A313f20b0bd15e294. Public record. Not legal advice.