COLVILLE CONFEDERATED
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COLVILLE CONFEDERATED
TRIBES
COLVILLE BUSINESS COUNCIL
February 18, 2010
Resolution Index
Condensed by, Lawrence Waters, CBC Recording Secretary
Council Members Present:
Shirley K. Charley, Michael O. Finley, Carleen Anderson, Juanita Warren, Brian
Nissen, Gene Joseph, John Stensgar, Susie Allen, Virgil Seymour, Jeanne Jerred,
Harvey Moses Jr., (In at 11:22am)
Delegation/Absent:
Ernie Williams, Andy Joseph Jr., Mike Marchand
Resolution No.
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10- Signature
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10-Signature
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Condensed Recommendation Information
Colville Business Council Vote Tally
Amend Resolution 2010-082 to approve the Purchase of an
2009 Bomag Pneumatic Tire Roller for $46,365.00 from
Case Power and Equipment for the Roads Program; All
funds are federal monies from the approved 638 Roads
Contract (CTP03T10165).
The DOJ, OVW has as funding opportunity available
through the Assistance Program to provide up to $350,000
dollars over a 24 month period. Therefore, it is the
recommendation of the Community Development
Committee and Law and Justice Committee to approve the
submission of an application for the grant funds. The Chair
or designee is authorized to sign all pertinent documents.
Accept a 10 signature process for the 2010 EDA Grant for
the amount of $48,739. This grant has been within the Tribe
for the last 20+ years and help the Comprehensive Planning
Department carry out yearly duties.
The Department of Justice, Office of Violence Against
Women is offering grants under its Rural Sexual Assault
Program; and Whereas, the grant requires a memorandum of
the Tribes’ project under this program; and whereas, The
Support Center has provided this kind of support to Colville
Reservation residents for over 30 years; NOW
THEREFORE BE IT RESOLVED that the Law and Justice
Committee/Management and Budget recommends the
Memorandum of Understanding be adopted by the CCT. The
Chairman or his designee is authorized to sign all pertinent
documents.
Approve the budget modification #2 to fund 7702 – Lake
Roosevelt Structures and authorize the Chairman and/or his
designee to sign contract and all or any related documents.
Funded by WA DOE, no tribal dollars.
Approve the Sole Source request from the Fish and Wildlife
Department to purchase boat, modifications and accessories
in the amount of $117,500.00 from Kuller Fish Company
and authorize the Chairman to sign all and any related
10 FOR (EW, GJ, SA, JJ, HM, BN, MF, JS, CA,
VS)
0 AGAINST
0 ABSTAINED
Special Session February 18, 2010
10 FOR (EW, VS, JW, BN, SA, GJ, CA, JJ, JS,
HM)
0 AGAINST
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10 FOR (EW, GJ, SA, HM, JW, BN, MF, JS, VS,
CA)
0 AGASINT
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8 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ)
0 AGANST
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
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9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
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documents. Funded by BPA, budget medication in process.
No Tribal dollars.
Approve a Pasture Lease No. 10-41 to Cherie Moomaw,
Tribal Member, for Tribal Tract No. 101-T5562 described
as: SEE ATTACHED LEGAL DESCRIPTION. TERM 5
years. From January 1, 2010 to December 31, 2014.
Compensation: $225.00/year Entire term of lease will be
subject to Fair Market Rental
Approve a Farm/Pasture Lease No. 09-14 to Mike
Marcellay, Tribal Member, for Tribal Tract No. 101T3436-1 described as:
That portion of Government Lot 7, Section 16,
Township 30 North, Range 25 East, Willamette
Meridian, Okanogan County, Washington, more
particularly described as follows: Beginning at the SE
corner of said Government Lot 7: thence along the
south line of said Government Lot 7, S.75°26’13”W.,
1320.18 feet, to the project boundary line of the Wells
Hydroelectric project; thence along said project
boundary line the following courses and distances:
N.75°42’55”E., 69.39 feet; N.30°52’14”W., 594.94
feet; N.59°05’49”E 699.32 feet; S.75°26’15”E., 300.02
feet; N.75°26’15”E., 457.46 feet; N.69°08’34”E.,
300.02 feet; N.75°21’43”E., 229.06 feet to the east line
of said Government Lot 7; thence along said east line
S.00°49’42”E., 917.97 feet to the point of beginning:
Exceptions therefrom 2.06 acres, more or less acquired
part by the United States in connection with the Chief
Joseph Dam and reservoir project, under Civil Act No.
862, declaration of taking as a Tract No. C-200, field in
the United States District Court for the Eastern District
of Washington, Northern District, July 13,1950,
pursuant to the Act of February 28,1931 (48 Stat 142),
40 U.S.C., Section 258A and Acts supplementary
thereto and amendatory thereof, containing 26.10 acres,
more or less.
TERM: 10 years, from March 1, 2010 to December 31,
2019.
Compensation: 1/3 crop share after the first 2 years for
preparation and $100.00/year as of 1/1/10. Entire term
of lease will be subject to Fair Market Rental value
Approve a Farm/Pasture Lease No. 09-15 to Mike
Marcellay, Tribal Member, for Tribal Tract No. 101T3506 described as:
That portion of Government Lot5, Section 21, and
Government Lot 6, Section 16, both in Township 30
North, Range 25 East, Willamette Meridian, Okanogan
County, Washington, more particularly described as
follows: Beginning at the North quarter of said section
21; thence along the North line of said section N.89°
Special Session February 18, 2010
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
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9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
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16’ 39” E., 1320.00 feet to the Southwest corner of said
Government Lot 6; thence along West line of said
Government Lot 6, N. 00° 47’ 28” W., 1314.74 feet to
the Northwest corner of said Government Lot 6; thence
along the North line of said Government Lot 6, N.88°
42’ 00” E., 1324.76 feet to the Northeast corner of said
Lot 6; thence along the East line of said Lot 6, S.00°
58’00” E., 726.26 feet to the project Boundary Line for
the Wells Hydroelectric Project; thence along said
project line the following course and distances: SEE
ATTACHED DISTANCES
See Attachment: Term: 10 years from March 1, 2010 to
December 31, 2019.
Compensation: Fence repair, Irrigation repair and
replacement, and reseed. 1/3 crop share after the first 2
years for preparation and $100.00/year as of 1/1/10.
Entire term of lease will be subject to Fair Market
Rental value.
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Approve the Tribes 2011 EPA 106 Water Quality Grant in
the amount of $170,000. No Tribal Dollars are required and
the 5% match is covered by the Tribes’ BIA Water
Resources 638 contract. Chairperson or authorized designee
is authorized to sign all relevant documents.
Approve the contract with Don Kruse Electric to remove,
dispose, of and replace 5 heating and cooling systems and
one wall pack unit, install 5 carrier 5 ton 13 seer comfort
series R-410A heat pumps/air conditioning units and Bard 2
ton wall pack A/C unit. Funds are allocated in the Mt.
Tolman Complex GSA reimbursement account 641, no
matching dollars and no additional dollars are required. No
TERO fee assessed.
Approve the contract with Morgan Jones for services related
to assisting the Colville Tribes in doing business with China,
and to direct that $24,000.00 be transferred from the Wells
Dam/Economic Development Account to the ORA’s Outside
Contracts budget line (Account #587) for these contract
services.
Rescind Tribal Resolution 2009-804 dated November 4,
2009 in its entirety. The aforementioned resolution was
corrected and replaced by Tribal Resolution 2009-816 dated
November 12, 2009.
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
Purchase the Sajjadi Family Holdings LLC fee property
located at NNA Road 23 NW, Soap Lake, Washington
to include tax parcel no. 160953000 containing 30.10
acres more or less; legally described in short as the E
810 feet of the W 2940 feet of the North half Ls Tx#s in
12-22-26 Grant County, Washington. The Colville
Tribe is authorizing the purchase of the property in the
amount of $550,000.00 with a closing date of on or
before March 31, 2010. Upon purchase, property to be
immediately transferred from fee to trust status. Funds
8 FOR (SC, CA, JW, BN, JS, SA, JJ, VS)
1 AGAINST (GJ)
0 ABSATINED
Special Session February 18, 2010
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
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9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
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for purchase and associated closing costs to be
disbursed from the Land Purchase/Wells Dam 1/3
account. Chairperson or designee to sign all pertinent
documents and legal instruments.
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Approve the new funding award for the Rufus Woods
Broodstock Net Pens Project in the amount of $166,875.00
and authorize the Chairman and/or his designee to sign
contract and all or any related documents. Funded by BPA,
no tribal dollars.
Approve the 2010/2011 Non-Member Sports Fishing
Regulations.
Approve the 316610 – Okanogan Subbasin Planning Project
in the amount of $896,362.00 and authorize the Chairman
and/or his designee to sign contract and all or any related
documents. Funded by BPA, no Tribal dollars.
Approve the 317510 – Lake Roosevelt Rainbow Trout
Project in the amount of $638,575.00 and authorize the
Chairman and/or his designee to sign contract and all or any
related documents. Funded by BPA, no Tribal dollars.
Approve the budget modification #1 to fund – Lake
Roosevelt Structures and authorize the Chairman and/or his
designee to sign contract and all or any related documents.
Funded by WA Department of Ecology, no Tribal dollars.
Donate $1,000.00 to the Cheyenne River Sioux Tribe for
relief efforts. Funds will be paid out of the Wells Dam
Economic Development Account. Check to made payable to
Affiliated Tribes of Northwest Indians, whom will collect
pledges and forward to the Cheyenne River Sioux Tribe.
Approve the request of Colville Tribal Enterprise
Corporation to a 60-day (January and February, 2010)
deferral of the 80/20 payment to the Confederated Tribes of
the Colville Indian Reservation. The deferral will be repaid
within 60 days with interest.
Approve the Memorandum of Agreement between Colville
Tribes and the State Department of Licensing to return to the
terms of the 2004 Fuel Tax Compact effective immediately,
Chairman or designee is authorized to sign all documents.
Approve $3000.00 for strategy implementation planning and
facilitation services from Action Strategy to input the
Colville Confederated Tribes Strategic Plan into the software
program. Funds to come from the Wells Dam Economic
Development account. Chairman or designee authorized to
sign pertinent documents.
Amendment: To amend budget accordingly.
Support a breakfast at the 2010 Celebrating Salish
Conference in the amount of $1,800.00 with funds coming
from the Wells Dam Elders and Youth funds and amend the
budget accordingly.
Approve the Early Childhood Special Education contract,
Amendment 21 – No. CTP03T10139, in the amount of
$167,950.00 and amend the budget accordingly. The chair
and/or his designee is authorized to sign the contract.
Approve the employment contract with Dana Cleveland as a
Special Session February 18, 2010
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
8 FOR (SC, JW, GJ, BN, JS, SA, JJ, VS)
1 AGAINST (CA)
0 ABSTAINED
8 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ)
0 AGAINST
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**VS out of room**
8 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ)
0 AGAINST
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**VS out of room**
8 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ)
0 AGAINST
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**VS out of room**
5 FOR (JS, JW, GJ, BN, MF)
4 AGAINST (JJ, SC, SA, CA)
0 ABSTAINED
**VS out of room**
7 FOR (SC, CA, GJ, BN, JS, SA, JJ)
1 AGAINST (JW)
0 ABSTAINED
**VS out of room**
7 FOR (CA, GJ, BN, JS, SA, JJ, JW)
1 AGAINST (SC)
0 ABSTAINED
**VS out of room**
7 FOR (SC, CA, JW, GJ, BN, JS, SA)
1 AGAINST (JJ)
0 ABSTAINED
**VS out of room**
7 FOR (SC, CA, JW, GJ, BN, JS, SA)
1 AGAINST (JJ)
0 ABSTAINED
** VS out of room
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
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Reservation Attorney and authorize the Colville Business
Council Chairman/designee to sign all appropriate
documents. Funding for this contract is available in the ORA
FY 2010 budget.
Approve the letter to BIA Director Stanley Speaks noting the
Protocol for appointment to the Tribal Budget Advisory
Council (TBAC) has not been followed, to request recession
of a selection to TBAC, and to recommend the appointment
of CBC member Harvey Moses Jr to the TBAC. Authorize
the Chairman or designee to sign the letter.
Direct that a letter be drafted, for the signature of the
Chairman of the Colville Tribes, requesting President Barack
Obama to (1) convene a Tribal Summit to address the
taxation practices of the Internal Revenue Service for work
done by Indians on trust property, teaching the Indian
Language, exercise of Tribal and cultural activities, such as
games, dancing, and crafts, and any other activities
performed by Indians on Indian Reservations and
Allotments; and (2) direct the Internal Revenue Service to
cease taxation of activities related to Tribal culture and for
work performed by Indians on Indian Trust Lands; and (3)
formulate an executive order calling for the designation of
Tribes and traditional practices, work performed by Indian
people on trust lands be designated as work preserving under
a new National Historical and Cultural Preservation of
American Indians; and approve the Chair or designee to sign
this letter.
The Law & Justice Committee will have committee
jurisdiction over the Confederated Tribes of the Colville
Reservation (CTCR) Domestic Violence program for
advisory committee updates, including grant compliance
reporting requirements.
Request the Colville Gaming Commission, the primary
regulator of gaming on the Colville Indian Reservation,
research, deliberate, and issue and Indian Lands Opinion on
whether certain property, commonly referred to as “Barney’s
Junction,” constitutes Indian Lands for the purposes of
Colville Law and defined by the Indian Gaming Regulatory
Act.
Approve a request by John Arum that the Colville Tribes
sign onto an amicus brief, being prepared by the Lummi
Nation, challenging a state Department of Ecology decision
allowing Easterday Ranches to take an estimated 500 acrefeet of drinking water per year for stock watering. Amicus
would be filed in above-described case, pending in Franklin
County Superior Court.
Accept this as an official notification that the Tribal
Government Chair, Shirley K. Charley has received an
Ethics Complaint, signed under oath from Harvey Moses,
Jr., Nespelem District elected councilperson, against Susie
Allen, Inchelium District elected councilperson. This process
will start on the date of acceptance by the Rules Committee.
Accept this as an official notification that the Tribal
Government Chair, Shirley K. Charley has received an
Special Session February 18, 2010
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
8 FOR (SC, JW, GJ, BN, JS, SA, JJ, VS)
1 AGAINST (CA)
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
9 FOR (SC, JJ, GJ, BN, CA, HM, JW, VS, JS)
0 AGAINST
1 ABSTAINED (SA)
9 FOR (SC, JJ, GJ, BN, CA, SA, HM, JW, JS)
0 AGAINST
1 ABSTAINED (VS)
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Ethics Complaint, signed under oath from Harvey Moses Jr.,
Nespelem District elected councilperson, against Virgil
Seymour, Sr., Inchelium District elected councilperson. This
process will start on the date of acceptance by the Rules
Committee.
Accept this as an official notification that the Tribal
Government Chair, Shirley K. Charley has received an
Ethics Complaint, signed under oath from Harvey Moses Jr.,
Nespelem District elected councilperson, against Jeanne
Jerred, Keller District elected councilperson. This process
will start on the date of acceptance by the Rules Committee.
Accept this as an official notification that the Tribal
Government Chair, Shirley K. Charley has received an
Ethics Complaint, signed under oath from Harvey Moses Jr.,
Nespelem District elected councilperson, against Juanita
Warren, Inchelium District elected councilperson. This
process will start on the date of acceptance by the Rules
Committee.
Accept this as an official notification that the Tribal
Government Chair, Shirley K. Charley has received an
Ethics Complaint, signed under oath from Leroy Jerred,
Tribal member from the Keller District, against Carleen
Anderson, Omak District elected councilperson. This
process will start on the date of acceptance by the Rules
Committee.
The legal review of the complaint against Councilperson
Carleen Anderson, be conducted by the Office of
Reservation Attorney (ORA). Upon completion and
recommendations to the Rules Committee under the Tribal
Government Committee no further action will be conducted
as far as this complaint.
The legal review of the complaint against Councilperson
Juanita Warren, be conducted by the Office of Reservation
Attorney (ORA). Upon completion and recommendations to
the Rules Committee under the Tribal Government
Committee no further action will be conducted as far as this
complaint.
The legal review of the complaint against Councilperson
Virgil Seymour, Sr., be conducted by the Office of
Reservation Attorney (ORA). Upon completion and
recommendations to the Rules Committee under the Tribal
Government Committee no further action will be conducted
as far as this complaint.
The legal review of the complaint against Councilperson
Jeanne Jerred, be conducted by the Office of Reservation
Attorney (ORA). Upon completion and recommendations to
the Rules Committee under the Tribal Government
Committee no further action will be conducted as far as this
complaint.
The legal review of the complaint against Councilperson
Susie Allen, be conducted by the Office of Reservation
Attorney (ORA). Upon completion and recommendations to
the Rules Committee under the Tribal Government
Committee no further action will be conducted as far as this
Special Session February 18, 2010
9 FOR (SC, GJ, BN, CA, SA, HM, JW, VS, JS)
0 AGAINST
1 ABSTAINED (JJ)
9 FOR (SC, JJ, GJ, BN, CA, SA, HM, VS, JS)
0 AGAINST
1 ABSTAINED (JW)
8 FOR (SC, GJ, BN, SA, HM, JW, VS, JS)
0 AGAINST
2 ABSTAINED (CA, JJ)
8 FOR (SC, GJ, BN, SA, HM, JW, VS, JS)
0 AGAINST
2 ABSTAINED (CA, JJ)
9 FOR (SC, JJ, GJ, BN, CA, SA, HM, VS, JS)
0 AGAINST
1 ABSTAINED (JW)
9 FOR (SC, JJ, GJ, BN, CA, SA, HM, JW, JS)
0 AGAINST
1 ABSTAINED (VS)
9 FOR (SC, GJ, BN, CA, SA, HM, JW, VS, JS)
0 AGAINST
1 ABSTAINED (JJ)
9 FOR (SC, JJ, GJ, BN, CA, HM, JW, VS, JS)
0 AGAINST
1 ABSTAINED (SA)
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complaint.
Approve the contract for Stimson Contracting in the amount
of $448,940.00, for the construction of the Dance Arbors for
Nespelem Fourth of July Grounds and Omak Stampede
Grounds. Tribal dollars identified and designated from Wells
Dam Fund per resolutions 2010-080 (nespelem) & 2010-081
(omak). TERO fees are waived. Chairman or designee to
sign all pertinent documents.
Approve a lease agreement to Steven D. Brown of the
homesite located at 28970 Hwy 97, Okanogan, and
parcel #3326114000 and legally described as the
Northwest quarter of Section 11, Township 33 North,
Range 26 E.W.M., Okanogan County, Washington, on
the Colville Reservation to include homesite only and
driveway plus 100 feet north, south, east and west of
homesite dwelling. Lease terms to commence March 1,
2010 to June 30, 2010 at the monthly rental rate of
$500.00 in "as is condition". Chairman or designee to
sign all pertinent document
Special Session February 18, 2010
10 FOR (SC, JJ, GJ, BN, CA, HM, JW, VS, JS,
SA)
0 AGAINST
0 ABSTAINED
9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)
0 AGAINST
0 ABSTAINED
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