COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Regular Session

October 9th, 2014

Resolution Index

Condensed by, Trisha Jack, CBC Recording Secretary

Council Members Present:

Allen Hammond, Mel Tonasket, Richard Tonasket, Michael Marchand, Edwin

Marchand, Andy Joseph Jr., Nancy Johnson, Ricky Gabriel and Joseph Somday

Delegation/Absent:

Jim Boyd Sr., Stevey Bylilly, Marvin Kheel, William Nicholson II and Jack

Ferguson

Resolution No.

Condensed Recommendation Information

Colville Business Council Vote Tally

10-Signature

2014-632.nrc/m&b

To approve and proceed with the Devil’s Elbow Logging

Unit Salvage Contract. This project encompasses

approximately 1,833 acres; of which 1,816 acres are Tribal

trust land and 17 acres of Allotments and are scheduled for

salvage. An estimated total volume of 10.836 million board

feet of which 35 mbf is Allotted and 10,801 mbf is in Tribal

trust land. Ponderosa Pine makes up approximately 41%

and Douglas-fir/Western Larch makes up 59% of total of the

species composition. The project terrain is comprised of

approximately 92% tractor logging and 8% cable logging.

For the benefit of all Tribal members the Colville Business

Council enacted resolution 2001-583 which states: "For

cultural, restoration and economic value…" All salvage

operations… be handled in a manner that expedites the

Tribes objectives." Chairperson or designee has the

authority to sign all pertinent documents.

To approve Contract 1469-14549 between DSHS and the

Colville Confederated Tribes. Chairman or designee to sign

all pertinent documents.

11 FOR (JS, JF, AH, RG, NJ, EM, RT, MT, WN,

SB, JB)

10-Signature

2014-633.hhs

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (AJ, SB, MT, RT, EM, WN, NJ, AH, MM,

JB)

0 AGAINST

0 ABSTAINED

10-Signature

2014-634.nrc

To approve a construction contract for retaining wall repair

and walkway replacement at Twin Lakes Dam by Cates &

Erb, Inc. in the amount of $84,250.00. Chairman authorized

to sign all pertinent documents.

*Rationale: Timelines

10 FOR (JS, AJ, JB, WN, JF, EM, RT, MM, RG,

SB)

0 AGAINST

0 ABSTAINED

*Rationale: Repair of Twin Lakes Dam retaining

wall repair is needed before winter to assure

integrity of the dam and public safety. Contract

was advertised in early July thru TERO to 36

Tribal contractors but a proposal & quote wasn’t

Regular Session

October 9th, 2014

Trisha Jack, CBC Recording Secretary

Page 1

10-Signature

2014-635.hhs

To approve the attached Administrator Change Notifications

Forms to the Washington State Department of Social and

Health Services to update the Administrator over Behavior

Health and Chemical Dependency to Alison Ball, Services

Director; and

WHEREAS, the State Department of Social and Health

Services requires the Confederated Tribes of the Colville

Reservation to submit an update within 30 days of a change

in the agency Administrator and an update is due by October

10, 2014; and

received until September.

10 FOR (AJ, MM, MT, RT, AH, EM, JS, RG, NJ,

SB)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines, to update the State in a

timely manner and discussed during last HHS

committee meeting that recommendation sheet

would be forthcoming. At that time, HHS

committee directed that the forms could be sent

around via 10 signature because there is a quickly

approaching deadline.

WHEREAS, the Tribes appoints Alison Ball as the new

Agency Administrator over Behavior Health and Chemical

Dependency as the Interim Program Manager over the

Behavior Health Program and the Director of Social

Services; and

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THEREFORE, BE IT RESOLVED, we do hereby approve

the recommendation of Health and Human Services to

approve the attached Administrator Change Notification

Forms to Washington State DSHS to appoint Alison Ball as

the Administrator over Behavioral Health and Chemical

Dependency and for the Chairman or Designee to sign all

necessary documents.

To adopt a Policy that safeguards the protections guaranteed

by the Colville Civil Rights Act. Historically, in-custody

defendants have not always been afforded access to

spokespersons admitted to practice in this jurisdiction.

However, CTC 2-21-100 appoints the Public Defender when

a Defendant asks for one. Adoption of this Policy, which is

attached and incorporated herein, will guarantee that a

defendant can call the Public Defender regardless of the time

of day and seek advice relating to his Rights and

Responsibilities in a criminal investigation.

To approve the abolishment of the Public Safety Department

and approve the attached reorganization of the programs and

Functions of the Public Safety Department under the

direction and supervision of the Office of the Executive

Director.

To approve new sub contract for Cramer & Associates in the

amount of $108,106.00 and the dates are from the signed

document to June 30, 2015, and authorize the Chairman or

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

new sub contract and the SOW. No Tribal dollars

associated.

To approve new sub contract for 317014 Golder &

Associates in the amount of $34,217.00 and the Chairman or

his/her designee authorized to sign all pertinent documents.

Attached is sub contract and SOW. No tribal dollars

associated.

Regular Session

October 9th, 2014

Trisha Jack, CBC Recording Secretary

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

Page 2

2014-640.nrc

To amend Resolution No. 2011-013 to correct the legal

descriptions in the land exchange with Laurie Charette on

the following described tracts of land:

101-T4098-A: THAT PORTION OF THE OPHIR PLACER

CLAIM, MINERAL SURVEY NO. 681, IN SECTION

TWENTY-ONE (21), TOWNSHIP THIRTY-TWO (32),

RANGE THIRTY-SIX (36) EAST, W.M. DESCRIBED AS

FOLLOWS:

COMMENCING AT THE CORNER COMMON TO

SECTIONS SIXTEEN (16), SEVENTEEN (17), TWENTY

(20) AND TWENTYA DISTANCE OF 355.70 FEET; THENCE S.37°57’00”W,

A DISTANCE OF 630.00 FEET; THENCE S.52°03’00”E,

A DISTANCE OF 747.50 FEET TO A 5’8” DIAM. STEEL

REBAR AS SHOWN ON AN UNRECORDED SURVEY

BY JACK CONDON, P.L.S. #10968 DATED OCTOBER

13TH 1973. THENCE CONTINUING S.52°03’00”E, A

DISTANCE OF 116.98 FEET TO CORNER 1 OF SAID

LAURIE CHARETTE HOMESITE TRACT. THENCE

N.37°57’00”E, A DISTANCE OF 222.91 FEET TO

CORNER 2; THENCE S.52°03’00”E, A DISTANCE OF

487.00 FEET TO CORNER 3; THENCE S.37°57’00”W, A

DISTANCE OF 379.91 FEET TO A POINT ON THE

NORTH RIGHT OF WAY LINE OF STRAY DOG

CANYON COUNTY ROAD NO. 58 AND CORNER 4 OF

THIS DESCRIPTION; THENCE S.89°52’23”W, ALONG

SAID RIGHT OF WAY LINE, A DISTANCE OF 17.08

FEET; THENCE CONTINUING ALONG SAID RIGHT

OF WAY LINE, ON A CURVE TO THE RIGHT HAVING

AN INTERIOR ANGLE OF 37°48’33”, A RADIUS OF

320.00 FEET, AND AN ARC LENGTH OF 211.17 FEET;

THENCE N.52°19’04”W, A DISTANCE OF 277.70 FEET

TO CORNER 5 AND ALSO BEING CORNER 3 OF THE

YVONNE CHARETTE HOMESITE TRACT. THENCE

LEAVING SAID RIGHT OF WAY LINE, N.37°57’00”E,

ALONG THE EAST LINE OF SAID YVONNE

CHARETTE HOMESITE TRACT, A DISTANCE OF

236.93 FEET TO CORNER 1 AND THE POINT OF

BEGINNING, CONSISTING OF 5.01 ACRES.

IN EXCHANGE, Laurie Charette will convey Tracts 1014098-B and 101-4098-D described as follows:

101-4098-B: A PARCEL OF LAND ACCORDING TO

THE SURVEY APPROVED MAY 10, 1977, DOCUMENT

NO. 101-22264 WITHIN (NORTHWEST-QUARTER),

SECTION 21, TOWNSHIP 32 NORTH, RANGE 36 EAST,

WILLAMETTE MERIDIAN, FERRY COUNTY,

WASHINGTON CONTAINING 0.912 ACRES, MORE OR

LESS. METES AND BOUNDS: 101-4098-B: ALL

THOSE PIECES OR PARCELS OF LAND SITUATED IN

THE NORTHWEST-QUARTER OF SECTION 21,

TOWNSHIP 32 NORTH, RANGE 36 EAST,

WILLAMETTE MERIDIAN, FERRY COUNTY,

Regular Session

October 9th, 2014

Trisha Jack, CBC Recording Secretary

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

Page 3

2014-641.nrc

COLVILLE INDIAN RESERVATION, STATE OF

WASHINGTON, ACCORDING TO SURVEY

APPROVED MAY 10, 1977, DOCUMENT NO. 10122264, DESCRIBED AS FOLLOWS: BEGINNING AT

THE NORTHWEST CORNER OF SECTION 21,

TOWNSHIP 32 NORTH, RANGE 36 EAST,

WILLAMETTE MERIDIAN, THENCE SOUTH

74°38’EAST, 355.7 FEET; THENCE SOUTH 37°57’

WEST, 630.00 FEET; THENCE SOUTH 52°03’ EAST,

547.50 FEET TO THE TRUE POINT OF BEGINNING;

THENCE SOUTH 37°57’ EAST, 144.50 FEET; THENCE

NORTH 52°03’ WEST, 107.50 FEET; THENCE NORTH

37°57’ EAST, 90.00 FEET; THENCE NORTH 52°03’

WEST, 92.50 FEET TO THE POINT OF BEGINNING,

BEING 0.912 ACRES, MORE OR LESS.

101-4098-D: A PARCEL OF LAND SITUATED IN THE

TOWN SITE OF METEOR, FERRY COUNTY,

WASHINGTON, MORE PARTICULARLY DESCRIBED

AS: COMMENCING AT THE NORTHWEST CORNER

OF SECTION 21, TOWNSHIP 32 NORTH, RANGE 36

EAST, WILLAMETTE MERIDIAN, THENCE SOUTH

74°38’00” EAST, FOR 355.70 FEET; THENCE SOUTH

37°57’00” WEST, FOR 630.00 FEET; THENCE SOUTH

52°03’00” EAST, FOR 417.50 FEET TO THE TRUE

POINT OF BEGINNING, THENCE NORTH 37°57’00”

EAST, FOR 330.00 FEET; THENCE SOUTH 52°03’00”

EAST, FOR 330.00 FEET; THENCE SOUTH 37°57’00”

WEST, FOR 330.00 FEET: THENCE NORTH 52°03’00”

WEST, FOR 330.00 FEET TO THE POINT OF

BEGINNING, CONTAINING 2.50 ACRES, MORE OR

LESS.

Chairman or designee has authority to sign all pertinent

documents.

To approve and accept Betty J. Morris lease application for a

Pasture Lease for Colville Allotment No. 101-954 described

as:

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

An undivided ½ interest within the Lots 11 and 12,

SE¼SW¼, and the SW¼SE¼ of Section 31, Township 33

North, Range 26 East, Willamette Meridian, Okanogan

County, Washington, containing 133.70 acres, more or less.

TERM: 5 years, from date of approval.

Compensation: $375.00 per annum.

Bond: $375.00 (one-time fee).

Lease Fee: $15.00 (one-time fee).

Lease subject to conditions cited in IRMP Coordinator’s

review. Chairman or designee has authority to sign all

Regular Session

October 9th, 2014

Trisha Jack, CBC Recording Secretary

Page 4

2014-642.nrc

2014-643.nrc

pertinent documents

To approve and accept Terry R. Birch application for a

Recreational Lease for Shady Cove Tribal Tract No. 101T2028(por), Space #4 described as:

Space #4: A portion within Lot 2 (NWNE) and Lot 14

(SWNE) of Section 15, Township 32 North, Range 35 East,

Willamette Meridian, Ferry County, Washington, containing

0.15 acres, more or less.

TERM: 5 years, 04/01/2015 to 10/31/2020. Compensation:

$1,500.00 per annum, subject to Fair Market Rental Value.

Bond: required (equivalent to one year rent). Lease subject

to conditions cited in IRMP Coordinator’s Review.

Chairman or designee has authority to sign all pertinent

documents.

To approve and accept Lori Holt lease application for a

Home site Lease for Colville Tribal Tract No. 101-T5716

(por) described as:

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

A portion within the E½SW¼NW¼NE¼ of Section 2,

Township 32 North, Range 36 East, Willamette Meridian,

Ferry County, Washington, containing 5.00 acres, more or

less.

It is strongly recommended that the BIA or Tribe

establish/develop infrastructure (access) along this area to

accommodate the home site leases in this area that has been

identified as suitable for rural home sites to Tribal Members

per the Categorical Exclusion.

TERM: 25 + 25 years, from October 1, 2014 to September

30, 2064.

Compensation: $250.00 per annum, subject to Fair Market

Rental Value.

Bond: $250.00 (Equivalent to one year rent).

Lease Fee: $15.00 (One-time fee).

2014-644.nrc

Lease subject to conditions cited in IRMP Coordinator’s

Review. Chairman or designee has authority to sign all

pertinent documents.

To approve and accept William J. Tonasket lease application

for a Home site Lease for Colville Tribal Tract No. 101T772 (por) described as:

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

The N½N½SW¼SW¼NW¼ of Section 20, Township 30

North, Range 33 East, Willamette Meridian, Ferry County,

Washington, containing 2.50 acres, more or less.

TERM: 25 + 25 years, from October 15, 2014 to October 14,

2039.

Regular Session

October 9th, 2014

Trisha Jack, CBC Recording Secretary

Page 5

Compensation: $250.00 per annum, subject to Fair Market

Rental Value.

Bond: Waived

Lease Fee: $15.00 (One-time fee)

The Planning Department will require the following:

1.

Compliance cleanup of the property

2

Solid Waste Disposal Plan (for the property clean up

and proper disposal, none of the waste at this site will be

allowed to enter into the Tribal Transfer Stations and will be

required to be disposed of at an off reservation land fill.

3.

Prior permitting for the development (Land Use,

Building, septic, water/well, electrical easements, etc.)

4.

Land Use & Development Code 4-3 requires a six

month temporary permit for a RV Trailer.

2014-645.nrc

Lease subject to conditions cited in IRMP Coordinator’s

Review. Chairman or designee has authority to sign all

pertinent documents.

To accept and approve Casey Nissen bid proposal of 20.00

acre pasture lease within Colville Tribal Tract No. 101T203B. Mr. Nissen will pasture 15 horses in rotation with

his other tribal lease and private land for approximately 2

months during the summer months and will fence the

property and supplement feed as per the recommendation

cited in IRMP Coordinator’s review. The property is

described as follows: 101-T203B: The S½SE¼NE¼ of

Section 13, Township 31 North, Range 30 East, Willamette

Meridian, Okanogan County, Washington, containing 20.00

acres, more or less.

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

Term: 5 years 10/01/2014 to 09/30/2019.

Compensation: $80.00 per annum.

Bond: Equivalent to one (1) year rent.

Admin Fee: $15.00

2014-646.nrc

Lease subject to conditions cited in IRMP Coordinator’s

Review. Chairman or designee has authority to sign all

pertinent documents

To approve and accept Brian Timentwa’s lease application

for a Home site Lease for Colville Tribal Tract No. 101-T49A described as:

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

That portion of the NW¼NE¼SE¼NW¼,

N½SW¼NE¼SE¼NE¼ lying West of the centerline of State

Hwy 155, Section 36, Township 31 North, Range 30 East,

Regular Session

October 9th, 2014

Trisha Jack, CBC Recording Secretary

Page 6

Willamette Meridian, Okanogan County, Washington,

containing 3.30 acres, more or less.

TERM: 25 years, from November 1, 2014 to October 31,

2039.

Compensation: $250.00 per annum, subject to Fair Market

Rental Value.

Bond: Waived.

Lease Fee: $15.00 (One-time fee).

The Planning Department will require the following:

1.

Compliance cleanup of the property

2

Solid Waste Disposal Plan (for the property clean up

and proper disposal, none of the waste at this site will be

allowed to enter into the Tribal Transfer Stations and will be

required to be disposed of at an off reservation land fill.

3.

Prior permitting for the development (Land Use,

Building, septic, water/well, electrical easements, etc.)

The water and septic system will need to be tested prior to

occupancy and the applicant will need to apply for all land

use and development applications prior to ground disturbing

activities.

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Lease subject to conditions cited in IRMP Coordinator’s

Review. Chairman or designee has authority to sign all

pertinent documents.

To rescind Resolution 2003-204 (attached) in its entirety,

dated April 4, 2003, per the Certified Cancellation Letter

dated September 25, 2014 (attached); Mr. Richard Gabriel

has been cancelled due to non-payment. See attached

description which contains 5.00 acres, more or less, in Tribal

Tract No. 101-T108 (por). Chairman or designee has

authority to sign all pertinent documents.

To approve the contract for Jesse Palmer Construction to

remove and install livestock fencing. The contractor will be

in RU-39 Root Diggers. Work to be performed will include

the following: Removal of approximately 2.2 miles of old

degraded fence-line that has fallen down over the years and

has become a safety issue to livestock and wildlife, improve

remaining standing fencing, also construct and install

approximately 3.84 miles of 4 strand fence-line that is

wildlife friendly that will meet NRCS specifications. The

amount awarded for the contract is $69,093.45. Chair or

designee is authorized to sign all pertinent documents.

To modify the Mid Mountain Land Survey Contract in the

amount of $69,646.00 to increase contract by $8,434.00.

Modification is needed to extend the Term of the contract

and to include a Land Tract involved in the devil’s Elbow

Fire that will be included in the Devil’s Elbow Fire Salvage

Regular Session

October 9th, 2014

Trisha Jack, CBC Recording Secretary

6 FOR (AH, EM, MM, RT, NJ, JS)

0 AGAINST

2 ABSTAINED (AJ and RG)

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

Page 7

2014-650.nrc

(Sole Source Documentation Provided). No tribal dollars

will be used in funding this contract. Chairperson or

designee has the authority to sign all pertinent documents.

To approve the agreement between Bonneville Power

Administration and Colville Tribes Parks and Recreation for

the enforcement of the Archaeological Resource Protection

Act (ARPA) and code of Federal Regulations relative to

protection of cultural resources, including control of damage

from off-road vehicle use in restricted archaeological sites

and loss from artifact looting. Patrols will occur on Lake

Roosevelt during primary drawdown periods from April

2015 through September 2015. No matching dollars.

Indirect $5,084.00. Chairman or designee to sign all

documents pertaining to this agreement.

8 FOR (AH, EM, MM, RT, NJ, AJ, RG, JS)

0 AGAINST

0 ABSTAINED

CC:

File

Flodell Williams, Office Administrator (Broadcast)

Colville Business Council

Neeka Somday, Legal Assistant/Policy Analyst

Dorothy Burke, Office Administrator

Naomi Yazzie, Support Staff

Peggy Circle, Support Staff

Emby Stensgar, Support Staff

Carrie Pakootas, Support Staff

Francis Somday, Executive Director

Cary Rosenbaum, Tribal Tribune

Justus Caudell, Tribal Tribune

Karen Condon, Archives & Records

Anna Vargas, Office of the Reservation Attorney

Debra Wulff, Superintendent Bureau of Indian Affairs

Regular Session

October 9th, 2014

Trisha Jack, CBC Recording Secretary

Page 8