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COLVILLE BUSINESS COUNCIL

Resolution Index

Condensed by Darla Carden, CBC Recording Secretary

SPECIAL SESSION on September 6, 2001

Council Members Present:

Louella Anderson, Shirley Charley, Colleen Cawston, Margie Hutchinson,

Jeanne Jerred, Gene Joseph, Joanne Leith, Deb Louie, DR Michel, Joe

Pakootas, Kevin Rosenbaum, John Stensgar, Rich Swan

Delegation/Absent:

Mike Marchand, delegation.

Resolution No.

Condensed Recommendation Information

Colville Business Council Vote Tally

10 Signature:

2001-480.nat

To allow incident Management Team 5 to take

emergency fire suppression actions necessary to

protect the natural resources in the Grizzly

Mountain Wilderness Area.

10 FOR (JL, DL, DRM, SC, GJ, JJ, JS, JP, RS,

KR) 0 AGAINST 0 ABSTAINED. MOTION

CARRIED.

10 Signature:

2001-481.l&j

To authorize the Chairperson or her designee to

sign the contract for S. Lane Throssell, Staff

Attorney, Colville Tribal Legal Office, from

September 1, 2001, to September 30, 2004.

10 FOR (DL, JP, SC, LA, JL, JJ, KR, JS, GJ, RS) 0

AGAINST 0 ABSTAINED. MOTION CARRIED.

10 Signature:

2001-482.l&j

Section 6-10-84(a), subpart (2) cites the “Albert Orr

(HUD)”. CIHA effectively changed the “Albert

Orr(HUD)” site name to the “Rocky Road

Community Site” November 3, 1998. At present, the

Law & Order Code due date for release has been set

for September 2001. In order to meet this due date by

making necessary corrections for the September

edition, an “emergency” submission is being made.

Please review attached proposed code amendment.

10 FOR (DL, SC, LA, RS, JL, JJ, JS, GJ, JP, KR) 0

AGAINST 0 ABSTAINED. MOTION CARRIED.

10 Signature:

Approve the request of CIHA for their standard

25+25 year Business Lease be completed based on the

following described and per Inchelium Master Plan

(as attached and previous approved). This site is for

apartment complex. See resolution for land

description. TERM: 25 years PLUS 25 year beginning

9/1/01 to 8/30/51.

10 FOR (RS, JP, DL, SC, JA, JL, JJ, JS, GJ, KR) 0

AGAINST 0 ABSTAINED. MOTION CARRIED.

This grant supports much of the LIHEAP that the

Tribe administers. This CSBG application is essential

to providing this service, and in many respects deals

with direct services to the Colville Tribal

Membership. The application is very straightforward,

and requires no matching or additional dollars. This

grant application is for two years (FY2002-2003).

Which the Tribes will submit an annual report on the

use of FY2002 CSBG funds in order to receive CSBG

funds next fiscal year. Chairperson has authority to

10 FOR (JL, JS, GJ, SC, KR, JJ, MH, JP, LA, CC) 0

AGAINST 0 ABSTAINED. MOTION CARRIED.

2001-483.nat

10 Signature:

2001-484.com

Resolution Index - Sept 6, 2001 - Page 1

sign all related documents.

10 Signature:

2001-485.e&e

10 Signature:

2001-486.e&e

10 Signature:

2001-487.e&e

10 Signature:

2001-488.e&e

10 Signature:

2001-489.e&e

10 Signature:

2001-490.nat

To forward TANF Office Building request for site

location to the Natural Resources Committee. Fund

source to purchase modular building has been

identified under account #7270, 7271, 7272 to include

infrastructure costs (power, phone lines, water, sewer,

foundation, etc.)

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,

KR, RS, DRM) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

To authorize the TANF Operating Agreement

between the Confederated Tribes of the Colville

Reservation Tribal TANF Program (CCTP) and the

Tri-County Community Services Office (CSO) for the

implementation of the Colville Tribal TANF program

(CCTP). This agreement is to further strengthen the

government-to-government working relationship

between all of the parties; and to assure that all of our

mutual clients receive the best possible services at all

times during the transition and the day-to-day

operation of our TANF programs. Chairperson or

designee has authority to sign all related documents.

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,

KR, RS, DRM) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

To authorize the Intergovernmental agreement

between CCT (TANF) and the Washington State

DSHS. To transfer a fair an equitable amount of state

maintenance of effort funds to the Tribes and to work

in partnership to coordinate state and tribal benefits

and services. This agreement is consistent with and is

intended to further, the declared national policy of

moving recipients into work and timelimited

assistance. At the same time, this agreement also

protects the best interest of families and children by

providing an effective and efficient way by which

these families and children may be maintained from

the resources available to both the Tribes and the

Dept. Chairperson or designee has authority to sign

all related documents.

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,

KR, RS, DRM) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

To approve this MOA between the State and the

Tribes to further develop and strengthen their

government-to-government relationship in the area of

“Temporary Assistance to Needy Families” (TANF).

The Colville Tribe’s assumption of this program will

promote and enhance tribal self-sufficiency.

Chairperson or designee has authority to sign all

related documents.

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,

KR, RS, DRM) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

To approve the Tribes TANF Plan 01-04 under the

Welfare Reform Act, federally recognized Indian

Tribes are eligible to apply for funding under section

412 of the Social Security Act, as amended by P.L.

104-193 to administer and operate their own TANF

programs. Chairperson or designee has authority to

sign all related documents.

13 FOR (MH, DL, JS, MM, CC, LA, SC, GJ, JL, JJ,

KR, RS, DRM) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

Chairperson or designee be authorized to sign a letter

to appropriate authorities and interests supporting

$800,000 in construction general U.S. Army Corps of

Engineers funding to enable design work to begin for

structural and operational modifications to Chief

11 FOR (DRM, RS, JS, JJ, JL, LA, SC, MH, KR,

GJ, CC) 0 AGAINST 0 ABSTAINED. MOTION

CARRIED.

Resolution Index - Sept 6, 2001 - Page 2

Joseph Dam in order to reduce dissolved gas pollution

of the Columbia River from Grand Coulee Dam to the

Hanford reach. Dissolved gas kills many fish in the

Columbia River during periods of high flow and

causes violations of tribal and state water quality

standards. The proposed work at Chief Joseph Dam

would result in dramatic reductions in peak dissolved

gas loading below Grand Coulee Dam. No tribal

dollars.

10 Signature:

2001-491.gov

To approve burial and wake benefits for Larry

Emerson non-enrolled spouse of Elaine Timentwa

Emerson, enrolled tribal member. Larry Emerson’s

DOB: 12/15/39. DOD: 09/03/01.

10 FOR (JL, JS, JP, DL, GJ, MM, LA, SC, KR, CC)

0 AGAINST 0 ABSTAINED. MOTION CARRIED.

2001-492.l&j

To approve and enact attached amendments as

proposed. Amendment shall add five additional tribal

entities/departments as declared depositories for the

Colville Tribal Code. Chapter 1-6 shall be forwarded

to Code Revisor for certification and shall be effective

upon date certified.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-493.l&j

To approve and enact attached amendments as

proposed to CTC 6-3. Section captions shall be added

to Chapter 6-3 and the Table of Contents. Chapter 6-3

shall be forwarded to the Code Revisor for

certification and shall be effective upon date certified.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-494.l&j

To adopt and enact attached amendments as proposed

to Chapter 8-1. The Non-substantive Language

corrections being made to Chapter 8-1 “Membership”

shall have introductory captions following section

numbers. The same introductory captions shall also be

added to the Table of Contents for clarification (see

attached). Approved changes shall be forwarded to

the Code Revisor for certification and shall become

effective upon date certified.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-495.l&j

To approve and enact attached code amendment as

proposed to CTC 2-4. The Non-substantive Language

correction being made to Chapter 2-4 “Administrative

Procedure Act” will provide reader at the opening of

the Chapter of who application applies. Section 2-427 shall be moved to the beginning of this Chapter as

“2-4-1". The approved change shall be forwarded to

the Code Revisor for certification and shall become

effective upon date certified.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-496.m&b

To approve a continuing resolution through the end of

October 2001 for the fiscal year 2002 Budget. Budget

appropriations will be determined by the final

approval of the 2002 budgets and adjustments made

accordingly and cover the following: 1. Higher Ed 1st qtr. Tuition. 2. Forest Mgmt. Deductions - and

continuation of projects underway. 3. Land Purchase October fee transactions closing in October and the

payment for second half taxes to Okanogan & Ferry

Counties. 4. Budgeted projects currently underway.

Budget be 1/12 at 80% of the 2000 budget.

11 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP, JS,

RS) 1 AGAINST(KR) 0 ABSTAINED. MOTION

CARRIED as amended.

Resolution Index - Sept 6, 2001 - Page 3

2001-497.m&b

To accept Debra Powless, Executive Director’s

resignation effective November 30, 2001 and

authorize Personnel to advertise the position

immediately.

11 FOR (LA, SC, MH, JJ, JL, DL, DRM, JP, KR,

JS, RS) 1 AGAINST(GJ) 0 ABSTAINED. MOTION

CARRIED.

FAILED

2001-498.m&b

To approve the continued use of the legal services of

Dorsey & Whitney LLP for Colville Tribal Credit by

amending the existing contract between Colville

Tribal Credit and Dorsey & Whitney LLP to include

an extension of the term of the contract from

September 15, 2001 to September 30, 2004. The total

amount of the contract amendment is an additional

$336,000. The amended contract will not exceed an

additional $310,000 for services and $26,000 for

expenses. A copy of the contract amendment is

attached. The funding for this contract will be

provided from Colville Tribal Credit revenues. The

CTEC BOD has approved the amendment to the

Dorsey & Whitney LLP contract.

4 FOR (RS, DL, JL, KR) 8 AGAINST (JP, GJ, SC,

JJ, JS, LA, MH, DRM) 0 ABSTAINED. MOTION

FAILED.

2001-499.m&b

To approve Option No. 2: PL93-638 Tribal Federal

Contract for Construction Project No. 1 Blg #42

$21,074 and Project No. 2 blg#301 for $19,404 for

Colville Agency. No tribal dollars involved. See

attached.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-500.m&b

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To accept the proposal from CTSC to complete the

Design and Fast Track Construction of the Nespelem,

Expansion Project, Phases 1, 2, and 3 for the

guaranteed maximum price of $4,424,500.00 per IHS

638 contract no.102-01-0018 and to extend the

existing contract performance period from August 31,

2001 through October 30, 2003, to complete the same.

To apply and look to creative fund package with loan,

grant, bond financing and other resources available to

the Tribes. Chair or designee authorized to sign a

contract modification to CTSC contract to increase

the dollar amount $4,424,500.00 and time listed

above.

10 FOR (LA, SC, MH, GJ, JL, DL, DRM, JP, KR,

RS) 2 AGAINST (JJ, JS) 0 ABSTAINED. MOTION

CARRIED.

2001-501.m&b

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To accept the proposal from CTSC to complete

Design and Construction of the Inchelium Clinic for

the guaranteed maximum price of $3,868,572.00 per

the submitted and approved 40% Design Drawings,

and to extend the existing contract performance

period from August 31, 2001 through June 30, 2003,

to complete the same. To apply and look to creative

fund package with loan, grant, bond financing and

other resources available to the Tribes. Chair or

designee be authorized to sign a contract modification

to CTSC contract to increase the dollar amount

$3,868,572.00 and time listed above.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-502.m&b

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To accept the proposal from CTSC to complete the

Design and Construction of the Keller Clinic for the

guaranteed maximum price of $1,656,518.00 per the

submitted and approved 40% Design Drawings, and

to extend the existing contract performance period

from August 31, 2001 through June 30, 2003, to

complete the same. To apply and look to creative fund

11 FOR (LA, SC, MH, JJ, GJ, JL, DRM, JP, KR, JS,

RS) 1 AGAINST(DL) 0 ABSTAINED. MOTION

CARRIED.

Resolution Index - Sept 6, 2001 - Page 4

package with loan, grant, bond financing and other

resources available to the Tribes. Chair or designee be

authorized to sign a contract modification to CTSC

contract to increase the dollar amount $1,656,518.00

and time listed above.

2001-503.nat

To approve the purchase of Edie Van Slyke’s 80.00

acres of fee land at the negotiated price of $55,200.00.

The property is described as: S1/2S1/2NE1/4;

N1/2N1/2SE1/4 Section 15, T. 28 N., R. 35 E.W.M.,

Ferry County, Washington. Parcel No. 5-28-15-1300010-00. Purchase will be paid out of the Tribal

Land Purchase Account 550.79875 and converted into

trust.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-504.nat

To approve the exchange of lands of equal value

between Evelyn James and the CCT as follows:

Evelyn James Property, 101-1000:(see resolution for

complete land description) FOR Tribal land 101T4292: 5.00 acres, more or less within that part of the

SE1/4NW1/4SE1/4 South of the Columbia River road

in Section 33, Township 31 North, Range 30 East,

Willamette Meridian, Okanogan County, Washington.

Request the branch of Real Property Mgmt. To

request survey and appraisals to determine the fair

market value of the above said properties.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-505.nat

To approve the exchange of lands of equal value

between Gail Stensgar and CCT as follows: Gail

Stensgar Property, FEE:(see resolution for complete

land description) FOR Tribal land 101-T4567(por): A

portion within the NE1/4SW1/4SE1/4SW1/4 and the

SW1/4NE1/4SE1/4SW1/4 lying South of the Omak

Mountain Road in Sec. 32, T.34 N., R. 27 E.W.M.,

Okanogan County, Washington, containing 5.00

acres, m/l. Ms. Stensgar to provide a Preliminary

Commitment for Title Insurance at her cost free from

any liens or encumbrances and to immediately

convert to trust status upon exchange. Request the

Branch of Real Property Mgmt. to request survey and

appraisals to determine the fair market value of the

above said properties.

11 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, RS) 0 AGAINST 1 ABSTAINED(JS).

MOTION CARRIED.

2001-506.nat

Approve the purchase of an undivided 13/16 trust

interest at the appraised value of $68,000.00 in the

Lester Covington Allotment, 101-1203, described as:

The E1/2E1/2SE1/4 of Section 1, T.28 N., R. 33

E.W.M., and Lots 6 and 7, the S1/2NE1/4SW1/4 of

Section 6, T.28 N., R.34 E.W.M., Ferry County,

Washington, containing 129.12 acres, more or less.

Also to negotiate the purchase of an undivided 3/16

fee interest from Shelley Stine Covington, non tribal

member, and to convert said interest into trust status

upon purchase. Funds to be disbursed from Fish and

Wildlife’s mitigation funding.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-507.nat

Approve the purchase of an undivided 1095/1536

trust interest at the appraised value of $83,000.00 total

share being $59,169.92 in the Charley

(Klapcoselkiah) Allotment, 101-1275, described as:

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

Resolution Index - Sept 6, 2001 - Page 5

Lot 6, SW1/4SW1/4SE1/4NW1/4, NE1/4SW1/4,

W1/2NW1/4SE1/4 of Section 6, Township 31 North,

Range 33 East, Willamette Meridian, Ferry County,

Washington, containing 98.00 acres, more or less.

Also to negotiate the purchase of an undivided

329/1536 fee interest (her share being $13,455.08)

from Shelley Stine Covington, non tribal member, and

to convert said interest into trust status upon purchase.

Funds to be disbursed from Land Purchasing

Account.

2001-508.nat

To amend Resolution 2000-804, to include, Tommy

Joe (Flett) Robinette’s undivided 192/241920

appraised at $97,650.00, Tommy’s share being

$77.50, described as follows: An undivided

192/241920 interest in the NE1/4 of Section 36,

Township 30 North, Range 30 East, Willamette

Meridian, Okanogan County, Washington, containing

160.00 acres, more or less. Funds to be disbursed out

of Land Purchasing Account.

12 FOR (LA, SC, MH, JJ, GJ, JL, DL, DRM, JP,

KR, JS, RS) 0 AGAINST 0 ABSTAINED.

MOTION CARRIED.

2001-509.nat

.m&b

The F&W Program be authorized to utilize monies

from the General Fund to pay for the Elbow Lake

Water Level Project. This is approved with the

understanding that when the grant monies are

received, the General Fund will be reimbursed for

these costs. This request is authorized due to the fact

that time is of the essence and the project needs to be

accomplished as soon as possible. The amount

authorized for expenditure is not exceed $12,990.00.

Authorize the Chairperson or designee to sign all