COLVILLE CONFEDERATED TRIBES (2019)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

August 22nd, 2019

Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Rodney Cawston, Jack Ferguson, Joel Boyd, Karen Condon, Norma Sanchez, Janet

Nicholson (present @ 12:07), Richard Moses, Richard Swan Sr., Marvin Kheel, Darnell Sam

Delegation/Leave:

Margie Hutchinson, Roger Finley, Joseph Somday, Jarred-Michael Erickson

Resolution No.

2019-466.hhs

2019-467.hhs

2019-468.m&b.cdc

2019-469.m&b.cdc

Condensed Recommendation Information

To accept Amendment Number Four (4) increasing the 638

Contract in the amount of $8,225.00 with non-recurring Mental

Health Funds. Chair or designee authorized to sign all pertinent

documents.

To accept budget modification #2 to Washington State DOH

Contract TRB23699/Fund 540020, which increases the WIC

funds for the period of October 1, 2019 to December 30, 2019

by $12,291, total contract of $340,262. These funds are

designated for WIC/USDA Breastfeeding Peer Counselor

Program to support staff wages and program expenses.

Chairman or designee to sign all required documents.

To approve $10,000 Solid Waste Account 821.821.66090 be

moved to Solid Waste Account 821.821.67110 to meet the

Equipment Repairs and Maintenance needs for FY 2019; $6,000

Solid Waste Account 821.821.66090 be moved to Solid Waste

Account 821.821.64010 to meet the Telecommunication needs

for FY2019; $5,000 Solid Waste Account 821.821.66090 be

moved to Solid Waste Account 821.821.66090 be moved to

Solid Waste Account 821.821.66015 and $500.00 Solid Waste

Account 821.821.66090 be moved to Solid Waste Account

821.821.62110 to meet the Supplies and Materials needs for

FY2019. No additional funding needed, just moving money

from one line item to another.

To appoint the Public Works Manager as the Tribal

Representative as required in the Memorandum of Agreement

between the Colville Tribes and the Indian Health Services

Division of Sanitation Facilities Construction (I.H.S S.F.S).

This appointment is done in an effort to avoid confusion and

improve efficiency in which the S.F.S. program can provide

Special Session

August 22nd, 2019

Naomi Yazzie, Executive Office Assistant

Colville Business Council

Vote Tally

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

Page 1 of 8

2019-470.m&b.cdc

TABLED

2019-471.m&b.cdc

2019-472.m&b.cdc

services to the Tribe. This recommendation will supersede all

prior resolutions pertaining to this appointment.

To approve a budget modification for CCT Transit Program.

To move capital assets funding of $177,000 to Operating

salaries. Chair or designee authorized to sign all pertinent

documents.

To approve the local agency agreement to add construction cost

so WSDOT can release the funds to the Inchelium Ferry and

authorize the Chairman or his/her designee to sign all pertinent

documents.

To approve and accept the AT&T aka New Cingular Wireless

PCS, LLC for a Revocable Use Permits for staging equipment

in the following areas: Johnny George Mountain, Omak

Mountain and Nespelem Water Tank. AT&T will be

constructing of a new wireless telecommunications facility and

the project will go over and across the following tribal tracts

101-TR2, 101-T4179 and 101-T3648:

Omak Mountain

101-TR2: The SW-¼ NE-¼ of Section 16, Township 34N,

Range 28 E, Willamette Meridian, Okanogan County,

Washington, containing 40.00 acres, more or less. Total tract

acres: 40.000

Nespelem Water Tank

101-T4179: The E-½ SW-¼, the N-½ SW-¼ NE-¼, the NW-¼,

the NW-¼ SE-¼ NW ¼ SE-¼, the NW-¼ SW-¼ NW-¼ SE-¼

SE-¼, the SE-¼ SW-¼ SE-¼, the SW ¼ NE-¼ SW-¼ SE-¼,

the SW-¼ NW-¼ SW-¼ SE-¼ SE-¼, the SW-¼ SW ¼ NE-¼,

the W-½ E-½ NW-¼ NW-¼ SE-¼ SE-¼, the W-½ E-½ SW-¼

SW-¼ SE-¼ SE-¼, the W-½ NE-¼ NW-¼ SE-¼, the W ½ NE¼ SW-¼ NW-¼ SE-¼ SE-¼, the W-½ NW ¼ NE-¼, the W-½

NW-¼ NW-¼ SE-¼ SE-¼, the W-½ NW-¼ SE-¼, the W-½

SE-¼ NW-¼ SW-¼ SE-¼ SE-¼, the W-½ SW ¼ SE-¼, the W½ SW-¼ SW-¼ SE-¼ SE-¼, the W-½ W-½ W-½ E-½ NW- ¼

NE-¼ of Section 35, Township 31 N, Range 30 E, Willamette

Meridian, Okanogan County, Washington, except a 2.50-acre

parcel in the NW-¼ NE-¼ described as: Beginning at the N ¼

corner of Section 35; thence N.90°00'E., 742.50 feet to an

Indian Allotment Stone; thence S.00°00'W., 495.00 feet to the

True Point of Beginning; thence S.00°00'W., 270.00 feet;

thence N.90°00'W., 403.33 feet; thence N.00°00'E., 270.00 feet;

thence N.90°00'E., 403.33 feet to the point of beginning, and,

except a 1.38-acre parcel in the NW ¼ NE-¼ described as:

Beginning at N ¼ corner of Section 35, said Township and

Range; thence N.90°00'E.,742.50 feet to I.A. Corner Stone;

thence S.00°00'W., 178.00 feet to the True Point of Beginning;

thence S.90°00'W., 190.00 feet; thence S.00°00'W., 317.04 feet;

thence N.90°00'E., 190.00 feet; thence N.00°00'E., 317.00 feet

Special Session

August 22nd, 2019

Naomi Yazzie, Executive Office Assistant

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

Page 2 of 8

2019-473.m&b.cdc

2019-474.m&b.cdc

2019-475.m&b.cdc

to the Point of Beginning, and, except a 1.12- acre parcel in the

NW-¼ NE-¼ described as: Beginning at N ¼ corner of Section

35, said Township and Range; thence N.90°00'E., 742.50 feet to

I.A. Corner Stone; thence S.00°00'W., 178.00 feet; thence

S.90°00'W., 190.00 feet; thence S.00°00'W., 317.04 feet; thence

S.90°00'W., 213.33 feet to the True Point of Beginning; thence

S.90°00'W., 180.12 feet; thence S.00°05'21"W., 270.05 feet;

thence N.90°00'E., 180.54 feet; thence N.00°00'E., 270.00 feet

to the Point of Beginning, and, except an 11.90-acre parcel in

the N-½ SW ¼ NE-¼ described as: Beginning at the ¼ Corner

Common to Sections 35 and 36, said Township and Range;

thence N.00°01'W., 682.10 feet; thence N.90°00'W., 1350 feet

to the True Point of Beginning; thence N.89°21'W., 1007.91

feet; thence N.19°30'E.,432.83 feet; thence S.73°50'E., 134.43

feet; thence N.18°57'E., 244.70 feet; thence N.90°99'E., 654.53

feet; thence S.00°01'E., 613.79 feet to Point of Beginning,

containing 341.046 acres, more or less, after the above

exceptions. Metes and Bounds: acreage is estimated for certain

Aliquot Parts. Total Tract Acres: 341.046

Johnny George Butter

101-T3648: All of Section 20, Township 28 N, Range 35 E,

Willamette Meridian, Ferry County, Washington, containing

640.00 acres, more or less. Total Tract Acres: 640.000

Term: Six month upon signature

Compensation: $4,000. Each site $12,000 in total.

Administrative Fee: -waivedPurpose: Stage equipment during constructing of a new wireless

telecommunications facility

Chairman or designee has authority to sign all pertinent

documents.

To terminate the cooperative agreement between Washington

State University Cooperative Extension and the Confederated

Tribes of the Colville Reservation regarding the 4H Challenge

Program "Ropes Challenge Course" at Twin Lakes Youth

Camp. The Tribes will draft a letter of termination in

accordance with Section "III-C" of the agreement. In addition

the Tribes will request five-two person canoes purchased

through the agreement tot retained by the Twin Lakes Youth

Camp, and one-twelve person voyager canoe to be retained by

the Tribes Language Program for recreation and educational

purposes. Chairman or designee authorized to sign all pertinent

documents.

To approve New WSDOT Contract for Keller School Crossing

Project budget in the amount of $30,000.00. No Tribal dollars,

Chairman or designee to sign all pertinent documents.

To approve the following: Rescind and correct the name of

Special Session

August 22nd, 2019

Naomi Yazzie, Executive Office Assistant

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

Page 3 of 8

2019-476.m&b.cdc

2019-477.m&b.cdc

Resolution 2018-831 1) San Poil Day-use Park & Boat Launch

to Keller Ferry Boat Launch Phase 2. Chairman or designee to

sign all pertinent documents.

To approve the request to apply for outside funding for

proposed Community Projects on behalf of the Confederated

Tribes of the Colville Reservation.

To approve the attached Purchase Card Policies and Procedures.

Chair or designee to sign all pertinent documents.

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

2019-478.m&b.cdc

2019-479.m&b.cdc.nrc

2019-480.tg

2019-481.tg

To approve the attached applications for State Property Tax

Exemptions pursuant to applicable Washington State law for

"Tribal Property Used for Non-Economic Development

Essential Government Services"; applications to be forwarded

to the Washington Department of Revenue for the three

properties purchased in Franklin County by the Colville Tribes.

Franklin County parcels include 113130068, 113220079, and

113220073 to be utilized for "Education" purposes. Signage

will be built on-site which explains the culture and history of

the Palus people. This is intended to educate visitors and the

local community. Chairman or designee to sign all pertinent

documents.

To direct the Natural Resource Division to complete all

permitting and NEPA associated with the Williams Flats fire

salvage by September 15th, 2019. Harvest operation to

commence once these documents and timber sale contract are in

place. Chair or designee authorized to sign all pertinent

documents.

To sign the "Memorandum of Understanding" between the

Confederated Tribes of the Colville Reservation and Okanogan

County for Placement of Ballot Drop Boxes on CCT

Government Agency Property. The initial Ballot Box shall be

placed at the Government Center, in the middle of the sidewalk

North and immediately adjacent to the 'flag circle' (see attached

map) Chairman or designee authorized to sign all pertinent

documents.

To accept the Colville Tribal Relinquishment request of Willow

Rose Tomeo on the current Colville Tribal Membership Roll.

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

2019-482.e&e

To approve the Colville Confederated Tribes Head Start Head

Lice Policy.

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

Special Session

August 22nd, 2019

Naomi Yazzie, Executive Office Assistant

Page 4 of 8

2019-483.e&e

To approve the Memorandum of Understanding between the

Colville Confederated Tribes Head Start and the Hearts

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

Chairman or designee to sign all pertinent documents.

2019-484.e&e

2019-485.e&e

2019-486.nrc

2019-487.fish

2019-488.fish

2019-489.fish

2019-490.fish

2019-491.fish

To approve the MOU between the Colville Confederated Tribes

Head Start and The Boys & Girls Club of Nespelem and

Inchelium. Tribal Chairman or designee to sign all pertinent

documents.

To approve the Memorandum of Understanding between the

Colville Confederated Tribes Head Start and the Colville

Confederated Tribes Child Care Program. Tribal Chairman or

designee to sign all pertinent documents.

To approve the 2019 CCT Non-Tribal Member Hunting

Regulations in order to promote sustainable, subsistence

harvest. These regulations will be in effect for this hunting

season and will aid in the consistent management and protection

of Tribal resources. The Chair or designee is authorized to sign

all pertinent documents.

To approve the third agreement between Confederated Tribes of

the Colville Reservation and Washington Department of Fish

and Wildlife regarding management and regulations of fisheries

at Lake Rufus Woods. Agreement dates are from September 8,

2019 to July 31, 2024, and authorize the Chairman or his/her

designee to sign all pertinent documents. Attached is the Third

Agreement.

To approve the new award for BIA Side Channel Habitat in the

amount of $22,600 and dates are from October 1, 2015 to

September 30, 2019 and authorizes the Chairman or his/her

designee to sign all pertinent documents. Attached is new

award, budget, and SOW. No Tribal dollars associated.

To approve the new award for BIA Spawning Habitat and dates

are from October 1, 2015 to September 30, 2019 and authorizes

the Chairman or his/her designee to sign all pertinent

documents. Attached is new award, budget, and SOW. No

Tribal dollars associated.

To approve the new award for 7703 Columbia River Water

Management Plan in the amount of $572,739 and the dates are

from July 1, 2019 to June 30, 2020 and authorize the Chairman

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

new full award. No Tribal dollars associated.

To approve budget modification #1 for 312018 Colville

Hatchery O&M adding an additional $50,000 and doing a line

item transfer of Funds and bringing the total contract value to

$1,174,547 and the dates remain the same, and authorize the

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

Attached is budget mod #1. No Tribal dollars associated.

Special Session

August 22nd, 2019

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

7 FOR (JF, JB, KC, RM,

RS, MK, DS)

1 AGAINST (NS)

0 ABSTAINED

7 FOR (JB, KC, NS, RM,

RS, MK, DS)

1 AGAINST (JF)

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

Page 5 of 8

2019-492.fish

2019-493.fish

2019-494.fish

2019-495.fish

2019-496.fish

2019-497.cul.m&b.cdc

2019-498.cul.nrc

2019-499.l&j.nrc

To approve change order #2 for 316618 - Okanogan Nation

Alliance adding fund number 316619 and the contract value and

dates remain the same, and authorize the Chairman or his/her

designee to sign all pertinent documents. Attached is change

order #2. No Tribal dollars associated.

To approve for permission to apply for the Upper Columbia

Salmon Recovery Board Outreach & Education Grant in the

amount of $16,260 and authorize the Chairman or his/her

designee to sign all pertinent documents. Attached is Grant

application and proposal. No Tribal dollars associated.

To approve for permission to apply for the BIA Year End Grant

for Kelt Recondition in the amount of $69,076 and authorize the

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

Attached is Grant proposal.

To approve for permission to apply for the Pacific Lamprey

Translocation and Monitoring in the amount of $11,180 and

authorize the Chairman or his/her designee to sign all pertinent

documents. Attached is Grant proposal.

To approve for permission to apply for the Pacific Lamprey

Evaluation in the Okanogan River Basin in the amount of

$39,906 and authorize the Chairman or his/her designee to sign

all pertinent documents. Attached is Grant proposal.

To approve CCT DOT for New 638 Administration Contract

and the budget in the amount of $1,481,279.00. No Tribal

Dollars. Chairman or designee to sign all pertinent documents.

To appoint CBC Chairman Rodney Cawston as the

Confederated Tribes of the Colville Reservation policy level

representative for the Forest Practice Act Cultural Resource

Roundtable with the Washington Department of Natural

Resources. Jack Ferguson as 1st alternate and Jarred Erickson as

2nd alternate. Chairman or designee to sign all documents.

CONFIDENTIAL - LITIGATION

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

1 ABSTAINED (JF)

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

2019-500.l&j

2019-501.l&j

To approve the attached contract with Meyer, Walker, Condon

& Walker P.C. to continue to provide legal services related to

the Tribes water rights claim. Funds appropriated in the FY

2020 ORA budget/587 line. Chairman or designee to sign all

pertinent documents.

To approve the attached contract with Arrow Creek Law to

continue to provide legal services related to the Tribes water

rights claim. Funds appropriated in the FY 2020 ORA

Special Session

August 22nd, 2019

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

Page 6 of 8

2019-502.l&j

2019-503.l&j

2019-504.l&j

2019-505.l&j

2019-506.l&j

2019-507.l&j

2019-508.l&j

2019-509.l&j

budget/587 line. Chairman or designee to sign all pertinent

documents.

To approve the attached contract with Ziontz Chestnut to

continue to provide legal services related to the Tribes interests

in Lake Roosevelt Management, participating in the CRSO EIS

process, matters affecting the Tribes fisheries and hydropower,

and matters relating to boundary water jurisdiction. Funds

appropriated in the FY 2020 ORA budget/587 line. Chairman

or designee to sign all pertinent documents.

To approve the attached contract with Arvay Finlay, LLP to

continue to provide legal services related to the Tribes interests

in Canada. Funds appropriated in the FY 2020 ORA

budget/587 line. Chairman or designee to sign all pertinent

documents.

To approve the attached contract with Whitfield Russell

Associates to continue to provide consulting services related to

the Tribes interests in the CRSO EIS process, providing analysis

for impacts of hydroprojects on 181-D payments, providing

analysis of potential impacts of hydroprojects on the Tribes

interests, and assisting the Tribes in commenting on

hydroprojects. Funds appropriated in the FY 2020 ORA

budget/587 line. Chairman or designee to sign all pertinent

documents.

To approve the renewal of the attached ORA attorney contract

with Shannon Thomas. Funds available in the ORA FY20 481

budget. Chairman or designee to sign all pertinent documents.

To approve the attached contract with Michael Moran/Moran

Public Affairs LLC, for lobbying and legislative strategy

services related to the Washington State Legislature/elected and

appointed state officials. Funds available in the ORA 587

budget. Chairman or designee to sign all pertinent documents.

To approve the attached contract with Power, Pyles, Sutter &

Verville PC, for lobbying and legislative services for FY 2020.

Funds available in the ORA 587 budget. Chairman or designee

to sign all pertinent documents.

To approve the attached contract with Hart West & Associates

to continue to provide consulting services related to the Tribes

history of the Colville and Moses Columbia Reservations, the

North Half of the Colville Reservation, historical use of the

Tribes' Traditional Territories, and the demarcation line between

the North Half and South Half of the Colville Reservation.

Funds available in the ORA 587 line. Chairman or designee to

sign all pertinent documents.

To approve the amendments for Chapter 5-1 Domestic

Relations. Process utilizing CBC Procedural Rule 3 (b), (e),

Special Session

August 22nd, 2019

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, KC, NS,

RM, RS, MK, DS)

0 AGAINST

1 ABSTAINED (JN)

8 FOR (JF, JB, NS, JN, RM,

RS, MK, DS)

1 AGAINST (KC)

0 ABSTAINED

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

0 AGAINST

0 ABSTAINED

9 FOR (JF, JB, KC, NS, JN,

RM, RS, MK, DS)

Page 7 of 8

2019-510.l&j

and (g) were followed. No comments have been received

during this comment period. Once approved, a copy shall be

forwarded to the Code Reviser for certification and distribution.

To amend resolution 2018-33 removing all non-enforcement

personnel, such as Probation and Probation Supervisory from

the Enforcement Pay Scale, until such time as a code is

developed and staff meet the necessary pre-requisites to possess

a limited commission. This amendment shall require all current

probation staff that had been transferred as a result of resolution

2018-33, to be transferred back to the 2015 salary scale,

effective immediately.

Special Session

August 22nd, 2019

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

8 FOR (JF, JB, NS, JN, RM,

RS, MK, DS)

0 AGAINST

1 ABSTAINED (KC)

Page 8 of 8