COLVILLE CONFEDERATED TRIBES (2018)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

December 20th, 2018

Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Andy Joseph Jr., Karen Condon, Jack Ferguson, Richard Swan Sr., Susie Allen, Andrea

George, Margie Hutchinson, Norma Sanchez, Joseph Somday, Joel Boyd

Delegation/Leave:

Resolution No.

2018-796.l&j

10-Signature

2018-797.e&e

10-Signature

Rodney Cawston, Janet Nicholson, Marvin Kheel, Richard Moses

Condensed Recommendation Information

Colville Business Council Vote

Tally

To approve and submit to FEMA Region X the Tribe's MultiHazard Mitigation Plan, dated December 2018, so that the Tribe

will: be eligible to receive FEMA disaster funding for the 2018

Okanogan River flooding (disaster declaration FEMA-4384DR-CTCR; and be eligible to apply for and receive FEMA

hazard mitigation grants. The Chairman or designee is

authorized to sign all pertinent documents.

To review and approve Colville Confederated Tribes Head Start

Incentive Plan. Policy Council approved 01/10/2018. Policy

Council approval attached.

10 FOR (JB, NS, JF, RC, MH,

RS, RM, MK, JN, AJ)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JB, RM, NS, KC, JS,

AJ, SA, MK, JN, AG)

0 AGAINST

0 ABSTAINED

2018-798.e&e.m&b

10-Signature

2018-799.m&b.tg

10-Signature

To approve the contract for Tatianna Abrahamson as Paschal

Sherman Indian School Sixth Grade Teacher effective August

22, 2018 through June 12, 2019 in the amount of $42,370.00.

Chairman or designee to sign all pertinent documents.

To approve a two-thousand dollar ($2,000.00) donation to the

Union Gospel Mission.

Rationale: Timelines

10 FOR (JB, NS, RM, KC, JS,

AJ, SA, MK, JN, AG)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, NS, JN, JB, AG,

MK, SA, RM, AJ, JS)

0 AGAINST

0 ABSTAINED

2018-800.hhs

Health & Human Services Committee to sign on in support of a

brief being prepared by the Native American Rights Fund to

defend the Indian Child Welfare Act (ICWA). The Chair or

Special Session

December 20th, 2018

Naomi Yazzie, Executive Office Assistant

Rationale: Timelines

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

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designee is to send an appropriate e-mail of support and sign all

pertinent documents.

To accept the 2017 Flooding Claim Number 75002906 Proof of

Loss in the amount of $99,913.23 for Mount Tolman Forestry

Building (#49-1) and to authorize the Chaiman or his designee

the authority to sign all pertaining documents.

To approve Centralized Medical Billing attached Budget

Modification. Chairman or designee to sign all pertinent

documents.

To approve budget modification for fiscal year 2019 in the total

amount of $337,517 from TANF MOA funds and Wenatchee

Valley College revenue funds. Chairman or designee

authorized to sign all pertinent documents.

To approve the transfer of funds in the amount of $325,000

from account number 471.63410 to account number 671.63410

for needed repairs at the Community Center(s). Chairman

and/or designee to sign all pertinent documents.

To approve DSHS Contract #1869-42162 between DSHS and

Colville Confederated Tribes AAOA. This Contract is

Medicare Improvements for Patients and Providers Act

(MIPPA) for beneficiary Outreach and Assistance for $532.

The Chairman or Designee is authorized to sign all pertinent

documents.

To support the nomination of Tiffany Circle to serve as the

Affiliated Tribes of the Northwest Indians (ATNI) Telecom &

Energy Subcommittee co-chair with travel expenditures for her

necessary travel in this position to be paid out of the IT budget.

Chairman or designee to sign all pertinent documents.

To approve the attached 2019 Indirect Cost Rate proposal to be

submitted to the National Business Center. The Chairman or

designee has authority to sign all pertinent documents.

To approve Appendix 13 - New Mill Fund and Appendix 14 Scholarship Endowment. Appendix 13 - New Mill Fund will

be funded by the negotiated increase over the market price in

the Log Supply Agreement (LSA) set to expire in March, 2027.

Appendix 14 - Scholarship Endowment will combine the

Education - Natural Resources and the Scholarship Endowment

Fund. Chair or designee to sign all pertinent documents.

To approve the attached contract in the amount of $130,000 to

Griffin Publishing, Inc. for Tribal Tribune printing and postage

for the remainder of FY19. Funds appropriated in the FY19

Media Services Budget #141. Chairman or designee to sign all

Special Session

December 20th, 2018

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

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pertinent documents.

To approve the following: Worker's Comp Stop Loss Annual

Premium and Audit Premium in the amount of $373,212.00

from account 310.69930. This resolution authorizes the

Chairman or designee to sign any documents related to this

matter.

To approve the change order #1 for War Pony Pictures C18278. Attached is CO#1. No dollars associated. Chair or

designee to sign all pertinent documents.

To appoint Richard Swan Sr., as the delegate for the

Washington Indian Gaming Association with Joel Boyd and

Jack Ferguson and any Colville Business Council as alternates.

This recommendation will supersede all previous resolutions

for delegations to WIGA. Chair or designee authorized to sign

all pertinent documents.

To approve the 2019 February Elders Quarterly Stipend, from

account PL75747012, in the amount of $350.00 to each eligible

tribal member age 55 and older of the Confederated Tribes of

the Colville Reservation. Elder Stipend shall be distributed on

or before February 4, 2019. Eligibility for the Elder Stipend

shall be: age 55, enrolled and living as of midnight of January

2, 2019. The following shall not apply to the 2019 February

Elder Stipend: Debt Set-Off Ordinance and Retro Active

Payments. Department hold list is due January 2, 2019. The

following departmental holds shall be approved for deposit into

the tribal members IIM account:

1. Social Services (Regular) – Court Order/Voluntary

consent for adults.

2. Enrollment – Deceased Elders/Unclaimed Checks past

90 days.

To approve the following eligibility requirements and deadlines

for the 2019 181-D (Grand Coulee Dam) Annual BPA

Settlement disbursement from account PL7219709 to be

distributed on or before April 1, 2019. Eligibility requirements:

must be enrolled and living as of midnight of January 24, 2019;

DNA Testing Completed by January 2, 2019; Complete

Enrollment Application packet received by January 14, 2019;

February 4, 2019 is deadline for the following: Department

Hold List, Half-Share forms, Voluntary request, Official Court

Orders, and Direct Deposit forms. Emergency Custody Orders

will be accepted until the closing of the file and payment shall

be held into the minors IIM account. Debt Set-Off Ordinance

and Retro Active Payments shall not apply. The following shall

be approved for deposit into the tribal members IIM accounts:

1. Children & Family Services – Court Orders/voluntary

consent for minors and court declared incompetent

Special Session

December 20th, 2018

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

6 FOR (KC, SA, AG, MH, NS,

JS)

0 AGAINST

3 ABSTAINED (JF, RS, JB)

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

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adults.

2. Social Services (Regular) – Court Orders and voluntary

consent for minors and court declared incompetent

adults.

3. Enrollment Department – Court Orders and voluntary

consent for minors and adults/Deceased

Members/Custody Orders received after

deadline/Unclaimed Checks past 90 days.

To approve the budget modification to include the unspent

funds from FY18 of $34,499 of the TANF MOA and carried

over into the same line items for FY19 total of $1,079,248.00

for full expenditure. Reimbursed total amount for the 3 year

period MOA will remain at the $2,900,375.00.

To terminate the Interlocal Agreement for Transportation

Maintenance between Grand Coulee Dam School District and

ECE/Head Start. Chairman or designee to sign all pertinent

documents.

To approve the new sub Contract for 3217518 Cates & Erb, Inc.

in the amount of $209,303.30 and authorizes the Chairman or

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

the Sub Contract and SOW. No Tribal dollars associated.

To approve the new full award for 320818 Upper Columbia

United Tribes (UCUT) in the amount of $100,000., dates are

from December 1, 2018 to November 30, 2019 and authorizes

the Chairman or his/her designee to sign all pertinent

documents. Attached is the full contract award. No Tribal

dollars associated.

To approve budget modification #1 for 313518 Hellsgate

Wildlife Mitigation Project adding an additional $140,550

bringing the total contract value to $1,701,945 and the contract

dates remain the same and authorizes the Chairman or his/her

designee to sign all pertinent documents. Attached is budget

mod #1. No Tribal dollars associated.

To approve new sub contract for 1763 Cates & Erb, Inc. subcontract in the amount of $96,000.00 and authorizes the

Chairman or his/her designee to sign all pertinent documents.

Attached is sub-contract and SOW. No Tribal dollars

associated.

To approve the BPA Memorialization Memo and authorizes the

Chairman or his/her designee to sign all pertinent documents.

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

2018-822.nrc

To approve the attached FY 2019 Forestry Projects (FP)

Expenditure Plan lists the expenditures that will be taken from

the FP Account (FP0001FR14). These expenditures will be

deposited into a special tribal account to be expensed per

Special Session

December 20th, 2018

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

Page 4 of 8

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reforestation and site preparation requirements for each

Timbersale contract. Any balance remaining unused after

obligations and Timbersale completion shall be surplussed and

deposited to the tribe as additional stumpage. These Special

Project Funds will be added to the Tribes FY 19 annual budget

through modification. Whereas, it is the recommendation of the

Natural Resources Committee to approve the FY 2019 Forestry

Projects Expenditure Plan as presented. The Colville Business

Council Chairperson or his designee has the authority to sign all

pertinent documents.

To approve the contract with DIVCO to replace the Green

House North End Refrigeration System for the freezer section

in the amount of $107,403.00. The Freezer section is where the

seedlings that were grown the season prior are stored awaiting

planting in the spring. Currently, there are approximately 2.4

million seedlings being stored in the cold storage. These

seedlings are worth approximately $1.03 million dollars and are

being utilized for Restoration of mostly North Star fire, Tunk

Block, and Devil's Elbow Fire. The funding will come from

QQ funds, already allocated for this function. Chairman or

designee is authorized to sign all pertinent documents.

To approve land lease between the City of Omak and the

Colville Confederated Tribes for a portion of Section 11,

Section 11, Township 34N and Range 26E WM for exclusive

use of the premises as an operating base and work center for

Fire Suppression Activities, air and ground support of

contracted aircraft, and other operations in support of other fire

management activities.

To approve the attached updated camping regulations. These

changes will become effective January 1st, 2019. Chair or

designee authorized to sign all pertinent documents.

To approve Shirley Apodaca, Colville Tribal Member, to

purchase a portion of 151-TH1003(por) per Resolution 2015436, and 2016-356 and Resolution 2016-585 at the appraised

value, of $42,500.00, with $500.00 lease monies applied to

purchase price with a difference of $42,000.00 owed to Colville

Confederated Tribes. The property is described as:

That portion of Government Lot Eight (8), Section Twelve (12),

Township Thirty-nine (39) North, Range Thirty-three (33) East,

W.M., described as follows:

Beginning at a point within Government Lot Eight (8) from

which the quarter corner for Sections 1 and 12 bears

N.70°48'52"W, a distance of 1182.30 feet; thence N.89°58'42"E

a distance of 391.00 feet, to a point on the ordinary high water

line on the left bank of the Kettle River, thence along said

ordinary high water line along the following courses and

Special Session

December 20th, 2018

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

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9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

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8 FOR (JF, RS, SA, AG, MH,

NS, JS, JB)

0 AGAINST

1 ABSTAINED (KC)

Page 5 of 8

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distances: S.9°28'22" E, a distance of 27.86 feet; thence

S.21°38'08" E, a distance of 121.77 feet; thence S.12°43'28" E,

a distance of 120.58 feet; thence S.17°42'32" W, a distance of

101.34 feet; thence S.34°39'25"W, a distance of 70.65 feet;

thence S.30°38'23" W, a distance of 84.23 feet; thence

S.49°42'18" W, a distance of 124.71 feet; thence S.85°23'31"

W, a distance of 140.35 feet; thence N.58°30'38" W, a distance

of 41.12 feet; thence N.85°05'32" W, a distance of 31.52 feet;

thence N.60°58'15" W, a distance of 15.53 feet; thence

S.79°14'16" W, a distance of 38.52 feet to a point which bears

S.0°01'18"E from the point of beginning; thence N.0°01'18"W,

a distance of 552.69 feet, to the point of beginning.

TOGETHER with an easement 30 feet in width for ingress,

egress and utilities, which runs from the easterly right of way

line of State Highway SR-21, thence easterly over and across

said Lot 8 to a point on the north line of Tract 151-1003-A as

depicted on the CCT Apodaca Home Site Survey recorded on

October 18th, 2018 under Ferry County Auditor's File No.

0291156. Situated in Ferry County, Washington.

Chairman or designee has authority to sign all pertinent

documents.

To release the attached documents to Nespelem Valley Electric

for the purpose of facilitating lease negotiations with regard to

the Nespelem substation and any necessary right-of-ways. The

Chairman or designee is to sign all pertinent documents.

To authorize Realty and the Office of Reservation Attorney to

negotiate a lease with Nespelem Valley Electric for the

Nespelem substation and any necessary right-of-ways.

To update and clarify the Tribes' position with respect to the

Shell Pearl Hill pumped storage project, initially expressed in

2018-154, as follows: The archaeological sites located on Pearl

Hill, north of Bridgeport, WA, are spiritually significant to the

Confederated Tribes of the Colville Reservation and are eligible

for listing on the National Register of Historic Place as the

Pearl Hill Archaeological District. Shell Corporation proposed

to develop a pumped storage facility that will have adverse

effects on the sites. After additional fieldwork and study, the

Tribal Historic Preservation Officer determined that the

proposed project will adversely affect the Pearl Hill

Archaeological District, and both the State Historic

Preservation Officer and Shell Corp. concurred with that

determination. Shell currently proposed mitigation measures to

minimize and make up for impacts to the sites. The Tribes' sole

position is to avoid all adverse impacts to the sites from this

proposed project. However, because it has been determined

after further review and consideration that localized changes to

Special Session

December 20th, 2018

Naomi Yazzie, Executive Office Assistant

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

Page 6 of 8

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the project will not avoid all adverse impacts, the Tribes'

official position is opposition to the Pearl Hill project.

Emergency Resolution 2018-54 to be superseded by new

resolution stating above position.

To amend Resolution 2015-690 and designate the Archivist,

Archives & Records Center, as the permanent designee for

processing and signing all research permits, in accordance with

Chapter 6-6, Research Regulations.

For matters that pertain to litigation issues, the designee shall

provide the Colville Business Council with an update prior to

approval of any research permits. No tribal dollars.

To approve the following projects, AS PER 25 CFR Part 170:

1) San Poil Day-use Park & Boat Launch be placed into BIA

RIFDS inventory & Long Range Transportation Plan (LRTP)

2) Kartar Valley Road be placed into: Tribal Transportation

Inventory Plan (TTIP), LRTP & BIA RIFDS.

Chairman or designee to sign all pertinent documents.

To approve the selection of 3 candidates listed below for the

Colville Tribal Utility Corporation Board. Based on the

interviews conducted, all three candidates have the right

experience, education and skills that allows them to support

good utility decision-making.

Gary Tucci - Two Years, Jason Campbell - Two Years, Brian

Clark - Two Years. Chairperson or designee has the authority

to sign all pertinent documents.

To support the request of the Colville Indian Housing Authority

to apply for $500,000 of the 2018 Indian Community

Development Block Grant #FY-6200-N-23. These funds will

be applied toward modernization and rehabilitation of current

CIHA owned housing stock. These funds require an additional

$125,000 match to come from the Indian Housing Black Grant

budget as outlined in the 2019 Indian Housing Plan. The 2019

IHP was drafted by the Housing Authority based on community

outreach and input in accordance with 24 CFR 1003.604(a); and

approved by CCT Resolution #2018-413.

Chairman or designee authorized to sign all pertinent

documents.

To accept the Solicitation R16PS01279 Award the periods of

12/01/2016 through 11/30/2019. This solicitation was awarded

on 12/01/2016 for a three year period. Attached are the budget

allocations and award modifications cumulative in the amount

of $1,034,793.00. The award attachment is included. The

Chairman or designee is authorized to sign all pertinent

documents.

To approve Colville Tribal Police for operational agreement

and agreement to participate with the North Central WA

Narcotics Task Force for targeted measures to be attained by

the Task Force to continue to disrupt drug operations within the

Special Session

December 20th, 2018

Naomi Yazzie, Executive Office Assistant

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

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2018-840.l&j.nrc

participating jurisdictions, gather and report intelligence data

related to illegal drug activities. Continue to make arrest that

will impact the highest level dealer and wholesaler as possible.

Chairman or designee authorized to sign all pertinent

documents.

To revise the Tribes' Organizational Chart as shown on the

attached proposed chart showing that the Chief of Police reports

directly to the Colville Business Council. The new chart would

place the Chief of Police directly under the Colville Business

Council and the Chief of Police's subordinates under the Chief

position as shown on the attached departmental organization

chart. Chief of Police to report to Law & Justice Committee for

operational direction (leave slips, etc.). Chairman or designee to

sign all pertinent documents.

To approve the development of an MOA between Natural

Resources Enforcement and Parks and Recreation for Parks and

Recreation to assume administrative functions (i.e.,

timekeeping/payroll) for Natural Resources Enforcement, with

MOA to be presented to the Colville Business Council for

approval by Resolution.

To approve the attached letter to Senators Patty Murray and

Maria Cantwell opposing the appointment of Eric Miller to the

9th Circuit Court of Appeals. Chairman or designee to sign all

pertinent documents.

To appoint Dustin Best as the Colville Tribes' Chief of Police

and to direct ORA to negotiate a three-year contract with Dustin

Best for this position, with compensation to be in the amount

paid currently to Dustin Best as interim Police Chief. The

contract will be presented at the next Law & Justice Committee

for approval by the Committee and then by resolution of the

Colville Business Council, the entity which will directly

supervise the Police Chief. Chairman or designee to sign all

pertinent documents.

To authorize ORA to file petitions for Writ of Restitution on

behalf of Real Estate Services when necessary.

0 ABSTAINED

8 FOR (JF, RS, SA, AG, MH,

NS, JS, JB)

0 AGAINST

1 ABSTAINED (KC)

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

7 FOR (JF, RS, SA, AG, NS, JS,

JB)

0 AGAINST

2 ABSTAINED (KC, MH)

9 FOR (KC, JF, RS, SA, AG,

MH, NS, JS, JB)

0 AGAINST

0 ABSTAINED

Special Session

December 20th, 2018

Naomi Yazzie, Executive Office Assistant

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