COLVILLE CONFEDERATED

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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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)

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CA)

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8 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ)

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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

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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

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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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8 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ)

0 AGAINST

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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)

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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

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9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)

0 AGAINST

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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

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9 FOR (SC, CA, JW, GJ, BN, JS, SA, JJ, VS)

0 AGAINST

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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

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9 FOR (SC, GJ, BN, CA, SA, HM, JW, VS, JS)

0 AGAINST

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0 AGAINST

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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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