COLVILLE CONFEDERATED TRIBES

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COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

April 26th, 2012

Resolution Index

Condensed by, Trisha Jack, CBC Recording Secretary

Council Members Present: Ferdinand Louie, Sylvia Peasley, Andy Joseph Jr., Ricky Gabriel, Brian Nissen,

Cherie Moomaw, Luana Boyd-Rowley, Ernest Brooks III, Doug Seymour and

Richard Swan Sr.

Delegation/Absent: Ernie Williams, Michael Finley and Harvey Moses Jr.

Resolution No.

Condensed Recommendation Information

Colville Business Council Vote Tally

10-Signature

2012-200.cdc/m&b

To approve the Energy Program to final 50% payment

of the Precision 300 processor from Biodiesel Experts

International for $54,975.00 as described in the DOE

Colville EECBG project objectives and budget. The

Chair or authorized designee to sign the purchase order.

10 FOR (FL, BN, RG, LR, MF, EB, DS, SP, CM,

DZ)

10-Signature

2012-201.nrc

10-Signature

2012-202.nrc

10-Signature

2012-203.nrc

To submit a request to the Department of Interior,

Bureau of Indian Affairs to contract for FY2012

funding for the Timber, Fish and Wildlife (TFW),

Supplemental funding, through the Northwest Regional

Office in the amount $76,813.00. These funds will be

processed through our Tribe's P.L. 93-638 Annual

Funding Agreement. The Colville Tribe's

acknowledges that this proposal addresses only funds

available in FY 2012 and further acknowledges that no

guarantee is made that funding will be made available

beyond the current year. Chair or designee is

authorized to sign all pertinent documents.

To approve FY 2012 contract award for 316612

Okanogan Sub Basin (OSHIP) the amount of

$1,962,836.00 for the period of May 1, 2012 thru April

30, 2013 and authorize the Chairman or his/her

designee to sign contracts and all or any related

documents. Funded by BPA and no Tribal dollars

associated. This is the full contract award.

To approve FY 2012 contract award for 318612 Omak

Creek Fish Habitat & Passage the amount of

$610,452.00 for the period of April 1, 2012 thru March

31, 2013 and authorize the Chairman or his/her

designee to sign contracts and all or any related

documents. Funded by BPA and no Tribal dollars

associated. This is the full contract award.

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (DS, HM, AJ, SP, RG, CM, EW, DZ, LR,

BN)

0 AGAINST

0 ABSTAINED

*Rationale: A resolution authorizing the Fish &

Wildlife Program to submit application is due by

April 6th, 2012. If we don’t have one by then we

will lose out on the funding.

10 FOR (DS, CM, SP, AJ, HM, RG, DZ, LR, BN,

EB)

0 AGAINST

0 ABSTAINED

*Rationale: Timeline

10 FOR (DS, CM, SP, AJ, HM, RG, DZ, LR, BN,

EB)

0 AGAINST

0 ABSTAINED

*Rationale: Timeline

Page 1

10-Signature

2012-204.nrc/m&b

10-Signature

2012-205.m&b

10-Signature

2012-206.l&j

10-Signature

2012-207.l&j

10-Signature

2012-208.l&j

To approve the July 2011 - June 2013 agreement

between Washington State Department Fish and

Wildlife and Colville Confederated Tribes for the Lake

Rufus Woods Enforcement Pilot Project in the amount

of $250,000.00. No tribal dollars needed. Indirect @

27.65%, $34,763.00. The Colville Business Council

Chairperson or designee is authorized to sign all

documents pertaining to this contract.

To accept the NativeLink,LLC General Consulting

Services Contract to provide General Consulting

services to assist in the development of a Tribally

Chartered Communications Company (hereinafter

"services") for the Colville Confederated Tribes in the

amount of $60,000.00 funds to be allocated from

Fund#7700 Columbia River Initiative account to

Fund#831 IT Division Budget and modify the budget

accordingly. Furthermore, the Information Technology

Division will have the contract management and project

oversight in its entirety. Chairman or designee

authorized to sign all pertinent documents.

To authorize the Domestic Violence Program to submit

the CTAS grant application for the OVW Violence

Against Women Tribal Government Program on behalf

of the Colville Confederated Tribes in order to enhance

services to victims of Domestic Violence, Sexual

Assault, Stalking, Dating Violence etc. The Tribe is

committed to supporting the project and are committed

to participating fully in the project implementation if

selected for funding. The Tribal Chairman or designee

is authorized to sign all pertinent documentation.

To allow the authorized programs to apply for the 2012

CTAS grant under purpose areas 1,3,4, 5 and 6. This

will include the Colville Tribal Police Department,

Natural Resources Enforcement, Department of

Corrections, Tribal Prosecutors and the Domestic

Violence Program. The Chairman is authorized to sign

all pertinent document, certifications and assurances.

To approve that the Colville Tribes seek to improve the

quality of defense services available and to meet

defense standards. The Public Defender's Office is in

need of additional advocates, investigate and expert

services to accomplish these goals. The Law and

Justice Committee recommends application for the

2012 Tribal Criminal Legal Assistance Grant (BJA2012-3205) up to the maximum award to the United

States Department of Justice. Further the Law and

Justice Committee recommends the approval of a

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

10 FOR (DS, CM, SP, AJ, HM, BN, DZ, LR, EB,

EW)

0 AGAINST

0 ABSTAINED

*Rationale: Andy Joseph verbally approved

obtaining emergency 10 Signatures 4-4-12 11:14

a.m.

10 FOR (BN, DZ, EB, CM, AJ, SP, MF, RS, EW,

DS)

0 AGAINST

0 ABSTAINED

*Rationale: Project Deadlines. Grants.

10 FOR (RS, MF, BN, DS, RG, EW, CM, AJ, LR,

DZ)

0 AGAINST

0 ABSTAINED

*Rationale: Grant must be submitted this week.

10 FOR (RS, MF, BN, DS, RG, EW, CM, AJ, LR,

DZ)

0 AGAINST

0 ABSTAINED

*Rationale: Law & Justice meeting cancelled,

grant must be submitted this week. Resolutions,

assurances, and certifications must be signed by

Chairman Finley.

10 FOR (RS, BN, MF, DS, EW, RG, AJ, LR, DZ,

EB)

0 AGAINST

0 ABSTAINED

*Rationale: The grant opportunity was discovered

well into the solicitation period. The deadline for

submission is April 17, 2012 by 11:59 am EST.

Consequently there few business days remaining

within which to submit the grant application and

an expedited application approval procedure is

necessary.

Page 2

10-Signature

2012-209.nrc

10-Signature

2012-210.m&b

10-Signature

2012211.hhs/m&b/e&e

partnership with Equal Justice Works a 501(c)(3) to

meet the BJA requirement that applicants are or are

partnered with a not-for-profit entity. This grant

requires NO MATCHING FUNDS and NO TRIBAL

DOLLARS. The Chair or designee is authorized to

sign all related paperwork.

To approve FY 2012 contract award for Colville

Regional Coordination in the amount of $69,673.00 for

the period of May 1, 2012 thru April 30, 2013 and

authorize the Chairman or his/her designee to sign

contracts and all or any related documents. Funded by

BPA and no Tribal dollars associated. This is the full

contract award.

To authorize the Executive Director to sign the attached

Mutual Confidentiality Agreement between the Colville

Confederated Tribes and CenturyLink for the purposes

of acquiring CenturyLink confidential corporation

information to determine fair market value of leases

and/or rights-of-way under federal regulations.

To accept the $5,954.00 allocation for a .72% COLA

and transfer into the T &TA funds within the Head Start

Program, the $893.95 match will come out of the

additional 3rd classroom funding with the

understanding that next fiscal years 20% match will

increase by $1,190.80.

10 FOR (DS, CM, SP, HM, RG, DZ, BN, LR, EB,

AJ)

0 AGAINST

0 ABSTAINED

*Rationale: Timeline

10 FOR (DS, RS, SP, EW, MF, DZ, HM, CM, AJ,

LR)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines. Meeting on April 17, 2012

10 FOR (AJ, EB, RS, DZ, MF, HM, EW, DS, SP,

RG)

0 AGAINST

0 ABSTAINED

*Rationale: None listed.

Whereas, the Department of Health and Human

Services has received an increase of $409 million for

programs under the Head Start Act for FY 2012.

Whereas, the Colville Confederated Tribes Head Start

is eligible for additional $5,954.00 allocation for COLA

and additional T & TA funds.

10-Signature

2012-212.m&b

10-Signature

2012-213.m&b/l&j

Chairman or designee to sign all pertinent documents.

To direct the board of directors of the Colville Tribal

Federal Corporation to continue to allow Brian Condon

to operate his vending machines at the locations

previously allowed by CTFC.

To approve the IT Director to monitor and control

access of CenturyLink's Keller and Inchelium Central

Offices in accordance with the MT. Tops Access

Policy. Requesting the BIA Superintendent to sanction

CenturyLink for trespass violations under Lease No.

84-113 for the Inchelium Central Office and take

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

10 FOR (BN, EB, DS, SP, RG, RS, AJ, CM, EW,

FL)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines; Vacate notice effective 331-12

10 FOR (BN, FL, RS, LR, DZ, EB, CM, HM, EW,

RG)

0 AGAINST

0 ABSTAINED

*Rationale: Special Session Cancelled. Timelines.

Page 3

10-Signature

2012-214.e&e

10-Signature

2012-215.nrc

10-Signature

2012-216.nrc

10-Signature

2012-217.nrc

possession as prescribed under Section 20 of the lease

provisions. Trespass violations will be imposed for the

Keller Central Office with no valid lease in accordance

with CFR 25.

To approve a consulting contract with Construction

Estimating Institute in the amount of $49,425.00. The

consultant will provide construction management,

building construction and estimating site work training

for TERO certified contractors. This authorizes the

Chairman or designee to sign documents related to this

matter.

To enter into a contract with Cates & Erb, Inc. in the

amount of $19,929.00 for the emergency construction

of a berm on or adjacent to the right of way around the

Omak Intake Pump Station to prevent future flooding of

the Abrahamson property, per the scope of work

defined in their letter of proposal dated April 10, 2012

and to reimburse Community Facilities Management

Department in the amount $1,000.00 for the costs

incurred for the as-built survey of the project site. The

dollars are to come from F&W account #341.63410.

The Chairman or designee shall sign all pertinent

documents.

To authorize the Colville Business Council Chair or his

designee sign and transmit the attached letters to the

Bureau of Indian Affairs, Bureau of Reclamation, and

National Park Service requesting government-togovernment consultation on the potential delegation of

regulatory authority over non-member fishing on the

Sanpoil River to CCT. No Tribal dollars attached.

To amend Tribal Resolution 2006-379 to read that

parcel no. 3426360019, legally described as:

Commencing at the Southwest Corner of the Northeast

Quarter of the Southeast Quarter of Section 36,

Township 34 North, Range 26 East, W.M., a 2” brass

cap stamped “Indian Allotment’, Thence North 01° 02’

16” West along the West line of said subdivision for a

distance of 1,200.94 feet to the southerly Right-Of-Way

of Okanogan County Road No. 3735; Thence South 85°

41’ 23” East along said Right-Of-Way for a distance of

62.18 feet to the True Point of Beginning of said line;

Thence South 02° 26’ 30” West for a distance of 415.86

feet to the northerly Right-Of-Way of State Highway

155 and the terminus of said line. Together with that

portion of the County Road Right-Of-Way vacated

March 18, 1980 by Resolution No. 11-80, which would

attach by rule of law. EXCEPT Okanogan County Road

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

10 FOR (DZ, EB, CM, RG, RS, LR, FL, BN, HM,

EW)

0 AGAINST

0 ABSTAINED

*Rationale: None listed.

11 FOR (DS, EB, CM, MF, RS, LR, DZ, FL, HM,

EW, RG)

0 AGAINST

0 ABSTAINED

*Rationale: None listed.

11 FOR (DS, CM, SP, AJ, HM, DZ, EB, LR, FL,

EW, RG)

0 AGAINST

0 ABSTAINED

*Rationale: None listed.

10 FOR (DS, EB, CM, MF, LR, FL, DZ, RG, HM,

EW)

0 AGAINST

0 ABSTAINED

*Rationale: None listed.

Page 4

10-Signature

2012-218.nrc

10-Signature

2012-219.nrc/cdc

10-Signature

2012-220.m&b

No. 3735 as described under Right-Of-Way Deed

Recorded in Volume 30, Page 2300-2301 Records of

the Auditor, Okanogan County, Washington, containing

4.8 acres more or less, shall be conveyed, free of any

encumbrances, by Gift Deed initiated by Grantor, The

Colville Confederated Tribes of the Colville

Reservation to Grantee, Hazel Burke, her heirs and

assigns, immediately upon the conversion of fee parcel

to tribal tract/trust status. Chairman or designee to sign

all pertinent documents and legal instruments.

To initiate a rest period for Deer, Elk and Moose from

January 1st to April 15th /annually. This rest period will

allow the animals to be free from being hunted. It is

recognized that the winter time is a critical time for the

survival of these species. In order to continue to

provide adequate subsistence hunting opportunities for

tribal members it is critical to give these animals a rest

during the winter and birthing months. A ceremonial

tag may be issued by the Fish and Wildlife Program for

the North Half during the time between the end of the

rest period and the start of the hunting season.

However, in the event of a funeral, a tag may be issued

at any time for the North Half or South Half. No does

or cows may be harvested during this period. A

designated hunter will be utilized. Meat from the

ceremonial locker should be utilized first when

applicable. This resolution supersedes previous

resolutions pertaining to out of season hunting. Chair

or designee is authorized to sign all pertinent

documents.

To approve the incorporation of CCTNet, LLC as an

stand-alone Tribally Chartered Communications Carrier

per CCT Code 7-1 and to appoint Jim Ronyak, IT

Division Director as the corporations Interim

President/Secretary for administrative oversight start-up

purposes to file the Competitive Local Exchange

Corporation (CLEC) License and the FCC Eligible

Telecommunications Carrier Application Processes.

This appointment will terminate upon the approval and

acceptance of this business plan and the hiring of the

CCTNet, LLC President and Secretary.

To begin the process for land purchases of trust land

identified on the attached list immediately. Funds to be

transferred from the following Tribal Trust accounts:

PL7219709, T33, T10, T20, T40 and T50 to the

PL7537704 Land Purchase account. Purchases will be

made by BB transfer of payments to the eligible

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

10 FOR (DS, MF, LR, DZ, EB, FL, BN, EW, HM,

RG)

2 AGAINST (CM and RS)

0 ABSTAINED

*Rationale: None listed.

10 FOR (BN, DS, CM, EB, FL, EW, RS, LR, DZ,

MF)

0 AGAINST

0 ABSTAINED

*Rationale: Application Timelines.

10 FOR (BN, DZ, LR, RS, DS, EB, MF, FL, SP,

CM)

0 AGAINST

0 ABSTAINED

*Rationale: Timeline for the contract to be in

places and to receive the funds.

Page 5

10-Signature

2012-221.m&b

10-Signature

2012-222.cul

10-Signature

2012-223.m&b/l&j

2012-224.e&e

TABLED

2012-225.e&e

individuals on the attached list beginning with the

oldest application and proceeding to the most recent,

with elders' interests to be purchased first. Chairman or

designee to sign all relevant documents.

To direct the Executive Director, in consultation with

the Comptroller and appropriate staff as well as

members of the Colville Tribal Enterprise Corporation

Board of Directors, to identify the amount of

$832,142.66 in cost savings from unfilled positions in

the Colville Tribes government programs by no later

than April 24, 2012, and immediately thereafter to use

this amount to pay $746,749.00 to the Washington

Department of Natural Resources for CTEC timber sale

contracts, $55,146.42 on behalf of CTEC to the

Okanogan County Public Utility District, and

$30,274.24 on behalf of the CTEC to State of

Washington Unemployment Insurance Fund, and to

approve the transfer $832,142.66 in cost savings from

unfilled positions in the Tribal government to CTEC, to

be used only for the purposes described here. Chairman

or designee authorized to sign pertinent documents.

To approve the contract for Vladimir Pavlenko for

custom exhibit design, manufacture and installation and

for custom artifact mount design, manufacture and

installation in the amount of $52,000.00. Work must be

completed to open the Ft. Okanogan Interpretive

Center. Contract through ORA approval. Sole Source

Justification approved. Contract routed through the

administrative process and approved. Work to begin

upon approval. Funds identified under CCT #7708.

To approve the attached certificate of formation of the

Colville Confederated Tribes Network LLC (also

known as “CCTNet”); to authorize the Chairman or his

designee to sign; to file the certificate of formation

pursuant to Colville Tribal Code Chapter 7-4, the

Colville Limited Liability Act; and to waive any filing

fees of the Tribal Secretary.

To appoint Darlene Wilder as the Nespelem District

representative to the Colville Tribal College Board of

Trustees for a term of four years beginning April 19,

2012. This Resolution shall supersede all previous

resolutions and shall be effective immediately.

Chairman or designee authorized to sign all pertinent

documents.

To appoint Karen Condon as the Omak district

representative to the Colville Tribal College Board of

Trustees for a term of five years beginning April 19,

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

10 FOR (BN, DZ, LR, RS, DS, CM, MF, FL, SP,

HM)

1 AGAINST (EB)

0 ABSTAINED

*Rationale: Timelines. Taxes increase over

$200,000.00 at the end of the month.

10 FOR (EB, BN, FL, RS, SP, MF, HM, EW, CM,

LR)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines.

10 FOR (BN, FL, DS, RG, AJ, EB, RS, SP, LR,

CM)

0 AGAINST

0 ABSTAINED

*Rationale: Filing Timelines.

8 FOR (AJ, FL, SP, RG, VN, CM, DS, RS)

1 AGAINST (LR)

0 ABSTAINED

*TABLED VOTE*

8 FOR (FL, SP, RG, BN, CM, LR, DS, RS)

1 AGAINST (AJ)

Page 6

TABLED

2012-226.e&e

TABLED

2012-227.e&e

TABLED

2012-228.e&e

TABLED

2012-229.e&e

2012-230.e&e

2012-231.nrc

2012. This resolution shall supersede all previous

resolutions and shall be effective immediately.

Chairman or designee authorized to sign all pertinent

documents.

To appoint Larry Jordan as the alternate to the Colville

Tribal College Board of Trustees for a term of four

years beginning April 19, 2012. This resolution shall

supersede all previous resolutions and shall be effective

immediately. Chairman or designee authorized to sign

all pertinent documents.

To appoint Cindy Marchand as the Inchelium District

representative to the Colville Tribal College Board of

Trustees for a term of five years beginning April 19,

2012. This resolution shall supersede all previous

resolutions and shall be effective immediately.

Chairman or designee authorized to sign all pertinent

documents.

To rescind Resolution 2011-238, which appoints Tania

Barnhart to the Planning Board for the Tribal College.

This resolution shall supersede all previous resolutions

and be effective beginning April 19, 2012. Chairman

or designee authorized to sign all pertinent documents.

To approve the renaming of the Colville Tribal College

Planning Board to the Colville Tribal College Board of

Trustees. This resolution shall supersede all previous

resolutions and shall be effective immediately.

Chairman or designee authorized to sign all pertinent

documents.

To approve the waiver of TERO fees for the Keller and

Grand Coulee Dam School Districts for the purpose of

applying for the competitive Energy Operational

Savings Grant Program through the office of

Superintendent of Public Instruction (OSPI) in

Washington State. The Chair or designee has the

authority to sign all related documents.

To approve the 2012 Fishing Regulations for the

Colville Ps'quosa Spring Chinook Fishery on Icicle

Creek.

0 ABSTAINED

*TABLED VOTE*

7 FOR (FL, SP, BN, CM, LR, DS, RS)

0 AGAINST

2 ABSTAINED (RG and AJ)

*TABLED VOTE*

7 FOR (AJ, FL, SP, RG, BN, CM, DS)

1 AGAINST (RS)

1 ABSTAINED (LR)

*TABLED VOTE*

7 FOR (FL, SP, BN, CM, LR, DS, RS)

0 AGAINST

2 ABSTAINED (AJ and RG)

*TABLED VOTE*

7 FOR (AJ, FL, SP, RG, BN, LR, DS)

2 AGAINST (CM and RS)

0 ABSTAINED

7 FOR (AJ, FL, SP, RG, BN, CM, DS)

2 AGAINST (LR and RS)

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

Whereas, the Fish and Wildlife Department has

provided the recommended 2012 Fishing Regulations

for the Colville Ps'quosa Spring Chinook Fishery on

Icicle Creek for the Natural Resource Committee's

review and action.

Chairman or designee has authority to sign all

documents.

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

Page 7

2012-232.nrc

2012-233.nrc

To approve the attached sub-contract with USGS in the

amount of $46,410.00 and authorize the Chairman

and/or his designee to sign contract and all or any

related documents. Funded by BPA 315812, no Tribal

dollars.

To approve the five (5) year lease of Shady Cove Trail

Park, Space #3 in order for the Fish and Wildlife Twin

Lakes Oxygenation Project to continue their research.

The Twin Lakes Oxygenation Project has benefited the

overall health of Twin Lakes and the trailer space is

utilized for research activities. Research activities are

scheduled annually from April 17, 2012 until October

17, 2012.

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

Tribal Tract described as:

Trailer Space #3, within a portion of Colville Tract No.

101-T2028: Beginning at the corner common to

Section 14, and 15, T32N, R35E, Willamette Meridian,

Ferry County, WA, thence North 10 chains; thence

West 10 chains; thence South to the northerly shore of

South Twin Lakes; thence southeasterly along said

shoreline to a point due South of true point of beginning

surround the developed trailer sites.

Term: 4/17/2012 to 10/17/2012 - Six months, for five

years

Compensation: $100.00 per month, for a total of six

months

2012-234.nrc

Chairman or designee has authority to sign all pertinent

documents.

To approve a five year extension to be added to

Lawrence Covington's Deferred Sales Contract where

he has opted to purchase 11.9013 acres, more or less,

within the Tribal Tract No 101-T4179. With this

extension Mr. Covington's contract will expire the 10th

day of January, 2013.

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

The subject property is described as follows:

The NW1/4SW1/4NE1/4, NE1/4SW1/4NE1/4, Section

35, Township 31 North, Range 30 East, Beginning at

the quarter corner common to Section 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'., 1007.91 feet; thence

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

Page 8

2012-235.nrc

2012-236.nrc

2012-237.nrc

2012-238.nrc

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°00'E.,

654.53 feet; thence S.00°01'E., 613.79 feet to point of

beginning, being 11.9013 acres, more or less.

To select the Alternative proposed by the 3P team for

the Clark Creek Logging Unit. The project

encompasses approximately 17,031.2 acres of which

4,510 of tribal trust acres are scheduled for treatment

this entry. The recommended alternative emphasizes

treatment of forest health problems and vegetation

manipulation. With an estimated volume of 21,511

MBF to be harvested of which 49.2% (10,587 MBF) is

Ponderosa Pine, 43.4% (9,334 MBF) is Douglas

Fir/Western Larch, and 7.4% (1,590 MBF) is White Fir

& Other Species. Logging methods shall be as follows:

25.8% forwarder logging, 74.2% tractor logging.

Chairperson or designee has the authority to sign all

pertinent documents.

To select the Alternative proposed by the 3P team for

the Loony Creek Logging Unit. The project

encompasses approximately 6,140.8 acres of which 919

of tribal trust acres are scheduled for treatment this

entry. The recommended alternative emphasizes

treatment of forest health problems and vegetation

manipulation. With an estimated volume of 6,670 MBF

to be harvest of which 33.6% (2,240 MBF) is

Ponderosa Pine, 48.3% (3,224 MBF) is Douglas

Fir/Western Larch, and 18.1% (1,206 MBF) is White

Fir & Other Species. Logging methods shall be as

follows: 29.5% forwarder logging, 70.5% tractor

logging. Chairperson or designee has the authority to

sign all pertinent documents.

To approve the Mid-Mountain Surveyor's Contract for

$76,736.10 for survey of 22 Land Survey Plats. These

surveys will allow for the BIA Realty Department to

proceed with pending transactions. No tribal dollars

will be expended. Chairperson or designee has the

authority to sign all pertinent documents.

To approve a Home Site Lease No. 06-18 to Carl E.

Seastrom for Tribal Tract No. 101-T1471 (por)

described as:

7 FOR (FL, SP, BN, CM, LR, DS, RS)

2 AGAINST (RG and AJ)

0 ABSTAINED

7 FOR (FL, SP, BN, CM, LR, DS, RS)

2 AGAINST (RG and AJ)

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

8 FOR (AJ, FL, SP, RG, BN, CM, LR, DS)

0 AGAINST

1 ABSTAINED (RS)

A 5.00 portion within the E1/2NW1/4NW1/4NE1/4 of

Section 11, Township 32 North, Range 35 East,

Willamette Meridian, Ferry County, Washington.

Term: 25 years, from date of approval, with the option

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

Page 9

to renew for additional 25 years upon good standing.

Compensation: $1,250.00 per annum per Fair Market

Appraisal Rental dated 2/9/12

Bond: $1,250.00 equivalent to one year rent

Lease Fee: $37.50 payable to the Bureau of Indian

Affairs/one time Administrative Fee

2012-239.cdc

TABLED

2012-240.cdc

2012-241.cdc

Chairman or designee has authority to sign all pertinent

documents.

To approve PO-12-B54G between I.H.S. and the

Colville Confederated Tribes. The memorandum of

agreement will provide I.H.S. funding for individual

sanitation systems for qualified tribal members. These

systems may include wells, water systems and septic

systems. The total estimated cost of the proposed

facilities is $200,000.00 for Tribes in Eastern

Washington. The Chairman of the Colville Business

Council or authorized designee shall sign all related

documents.

To approve Keller Water Main Replacement, the

proposed new facilities will include 2,600 feet of new

8-inch PVC water main and a road bore under the

highway. Using funds provided by IHS, Tribe and

CIHA, IHS will manage the project and provide

engineering services for the Keller water facilities.

These services shall include surveying, drafting,

engineering analysis, construction inspections and

overall project management. The total cost of the

recommended project is $188,000.00. IHS will provide

$78,200.00 in Regular funds. The Tribe and CIHA will

contribute $32,400.00 and $77,400.00, respectively, to

IHS to complete project funding. The Tribe will

provide procurement services for construction.

To approve under the FY 2009 HUD Formula

Allocation of the Indian Housing Block Grant, Spokane

Indian Housing Authority withdrew from the balance of

Stevens County as a service area which reduced CIHA

housing grant; upon negotiations CIHA & Spokane

Indian Housing Authority came to an agreement

regarding Stevens County which increased the housing

grant by an additional $1,241,896.00; if the

Subrecipient Agreement is disapproved CIHA would

have to pay HUD $1,097,190.00. No tribal funds

involved. Chairman or designee is authorized to sign

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

*TABLED VOTE*

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

8 FOR (AJ, FL, RG, BN, CM, LR, DS, RS)

1 AGAINST (SP)

0 ABSTAINED

Page 10

2012-242.cdc

2012-243.cdc

2012-244.cdc

2012-245.cdc

2012-246.cdc

2012-247.cdc

pertinent documents.

To approve Site 2 generally known as Allotment 101-T3824 located at the ball fields Agency Campus as the

location to construct the new Colville Tribal

Headquarters. Chairman or designee is authorized to

sign all pertinent documents.

To concur with CIHA Board of Commissioner

Resolution 2012-14, approved March 13, 2012 for

reappointment of Ellen Moses representing the CIHA

Board of Commissioner At-Large position. Term of

appointment shall be four (4) years beginning March 1,

2012 to February 28, 2016. No tribal funds involved.

Chairman or designee is authorized to sign all pertinent

documents.

To accept the selection by the Federal Highway

Administration-Highway Safety Program (FHWAHSA) to have the Colville Confederated Tribes serve as

a Pilot Site for the development of Tribal Road Safety

Audit (RSA) Program. By participating as a Pilot Site

the FHWA-HAS will provide funding to hire a parttime RSA Coordinator, provide staff training and

provide technical resources needed to conduct RSA's

and develop a sustainable RSA Program. Chairman or

designee to sign all related documents.

To request the CCT Department of Transportation

prepare a grant application for the Federal Transit

Administration's Public Transportation on Indian

Reservations Program (Tribal Transit Program) to fund

capital and operational expenses for

continuation/expansion of existing transit services and

to perform a comprehensive transit study. The total

amount of the grant application is $306,712.00 over a

12 month period. Chairman or designee to sign all

related documents.

To concur with the approval with conditions of the

Colville Tribes Land Use Review Board on special use

permit #12.039 for Darryl & Silver Ortuno's Metal

Salvage Recycling Yard as required under Chapter

4.3.320 of the Land Use and Development Code Law.

The permit was heard during public hearing on March

22, 2012. The site location is on fee property owned by

the Ortuno's approximately 3.25 miles on Omak

Eastside Riverside Road from Highway 155 within

Township 34 North, Range 27 East, Section 29;

Okanogan County parcel #3427290025 and is within

the boundaries of the Colville Indian Reservation.

To approve the attached Fireworks Discharge

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

7 FOR (AJ, FL, SP, RG, BN, DS, RS)

2 AGAINST (CM and LR)

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

7 FOR (AJ, FL, RG, BN, LR, DS, RS)

2 AGAINST (SP and CM)

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

Page 11

2012-248.m&b

2012-249.m&b

2012-250.m&b/nrc

Agreement between the City of Omak and Colville

Tribes. This agreement is in the spirit of the Tribes

recent designation of East Side Park in Omak City

Limits to be a designated area for firework

displays/discharge. And to authorize the Chairman or

designee to sign the original agreement.

To approve the purchase of sixteen iPads for the

Colville Business Council in the amount of $14,703.84

funds to be dispersed from the Columbia River

Initiative Fund and modify Fund #121 accordingly.

Chairman or designee authorized to sign all pertinent

documents.

To rescind Resolution 2011-458 in its entirety.

Chairman or designee authorized to sign all pertinent

documents.

To approve the USFWS collection of dead mussel

shells and the return to the water of any mussels found

still living out of the water. Any cultural artifacts that

may be seen in the performance of the work the

USFWS will locate the cultural artifact position by

GPS, artifacts will be left untouched and the THPO will

be notified and supplied with the GPS data. All data

collected will be shared with the Colville Tribes.

There is no funding from the Tribes associated with this

work.

0 AGAINST

0 ABSTAINED

7 FOR (AJ, FL, SP, RG, BN, LR, RS)

2 AGAINST (CM and DS)

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

8 FOR (AJ, FL, SP, RG, BN, CM, LR, RS)

1 AGAINST (DS)

0 ABSTAINED

Whereas, the recent changes in flood control draft of

Lake Roosevelt has been increased to 1220-ft. elevation

or lower and this elevation will only be maintained for a

few days; and

Whereas, the United States Fish and Wildlife Service

(USFWS) has decide to take advantage of this low

elevation of Lake Roosevelt to collect mussel shells

from the exposed beaches and rocks to determine

species and distribution of mussels which will assist in

the RIFS investigation of impacts to mussel populations

within the lake from exposure to contamination from

smelter operations at Tech Cominco in Trial BC.; and

Whereas, the USFWS plans to start this work next week

and there is insufficient time to process a Research

Permit and an emergency 10 signature council

resolution is the only viable alternative to allow this

collection of mussels on Tribal lands.

2012-251.m&b

To rescind Resolution 2011-851, the purpose of which

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

6 FOR (FL, BN, CM, LR, DS, RS)

Page 12

2012-252.m&b

2012-253.m&b/cdc

2012-254.m&b/l&j

2012-255.m&b

2012-256.hhs

2012-257.hhs

2012-258.hhs

2012-259.hhs

to be fulfilled from land purchase and other designated

tribal governmental accounts.

To approve the 2012 Information Technology (IT)

Division Organizational Chart which includes 38

funded positions per the IT Division Director's

assessment in accordance with the industry standards

for Information Technology positions.

To approve the purchase of a John Deere 624K 4WD

Loader in the amount of $150,000.00 from Rowand

Machinery for the CCT Department of Transportation

Program. All funds are federal dollars approved under

the Programmatic Agreement G2GP031011. Chairman

or designee authorized to sign all pertinent documents.

To approve the attached contract modification with

Drinker, Biddle & Reath. FY2012 increase is

$20,000.00 and will be paid out of existing ORA 587

("Outside Counsel") budget line. Chairman or designee

to sign all relevant documents.

To approve the attached performance bond of Verizon

Wireless for its telecommunications facility on Pitcher

Mountain, such bond as required by Colville Tribal

Code Chapter 4-22; the Chairman or designee may sign

the two original copies of the bond.

To oppose the City of Seattle's petition to the WA State

Liquor Control Board to open rulemaking for extended

hours of alcohol service by submitting a position

statement AGAINST this petition to the WA State

Liquor Control Board to be considered during the

period of public comment.

To approve Chairperson signature on two copies of

document both must have original signatures and be

sent back to the State of Washington to meet state

requirement for Mental Health Billing services for year

of 2012. Per instruction from Colleen Cawston Tribal

State Representative.

To approve updated 'Scope of Work' needed to conform

to BIA Allocation; amending due to closure of Serenity

House.

3 AGAINST (AJ, SP, RG)

To approve the policy direction to transfer case

management and a copy of the file in the event of a

client relocation. These supervised IIM case files will

be transferred in accordance with federal regulation

with the intent to provide an improved monitoring to

the closest service area, unless the "home" Agency is

geographically the closest BIA office to the residence

of the Account Holder. The actual management of the

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

*TABLED VOTE*

8 FOR (AJ, FL, RG, BN, CM, LR, DS, RS)

1 AGAINST (SP)

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

0 AGAINST

0 ABSTAINED

Page 13

2012-260.l&j

2012-261.l&j

2012-262.l&j

2012-263.l&j

2012-264.l&j

2012-265.l&j

2012-266.l&j/m&b

2012-267.l&j/m&b

supervised account will be done by the BIA officer-incharge and the Social Service staff. The Colville

Business Council supports this BIA policy on transfer

of case management for future direction.

To permit the Office of the Prosecuting Attorney, on

behalf of the Tribes, to go forward with a Petition for

Exclusion pursuant to CTC 3-2-5 against Robert E.

Rushton, D.O.B. 5/16/1953.

To permit the Office of the Prosecuting Attorney, on

behalf of the Tribes, to go forward with a Petition for

Exclusion pursuant to CTC 3-2-5 against Robert Knight

Sr., D.O.B. 6/30/1970.

To permit the Office of the Prosecuting Attorney, on

behalf of the Tribes, to go forward with a Petition for

Exclusion pursuant to CTC 3-2-5 against Kristen A.

Bob, D.O.B. 7/10/1982.

To adopt the attached Litigation Hold Procedures and

direct Short Cressman and Burgess and the IT

Department to distribute it to all CCT employees; to

direct Short Cressman and Burgess, in conjunction with

the ORA and the IT, to issue: (1) specific instructions

and memoranda regarding the CCT v. Teck litigation

hold and (2) IT litigation hold protocol for preserving

Electronically Stored Information; to direct Short

Cressman and Burgess to conduct litigation hold

training; and to direct the affected programs to

participate in litigation hold training.

To declare that an emergency exists and immediate

action on the amendment is necessary for the

preservation of life, health, property, order, natural

resources and to enact the amendments for Chapter 9-5,

Realty, as proposed. Chapter 9-5 is being processed

utilizing CBC Procedural Rule 3 (c) where an

emergency is declared to exist. Once approved, a copy

shall be forwarded to the Code Reviser for certification

and distribution.

To authorize the Office of the Reservation Attorney, on

behalf of the Colville Confederated Tribes, to file a

lawsuit in Colville Tribal Court to enforce a settlement

agreement between the Colville Confederated Tribes

Planning Department and Clinton Nicholson dated

November 30, 2012.

To approve the Legal Office budget modification in the

amount of $4,310.00. It is further recommended that

the Chairman or his designee is authorized to sign all

pertinent documents. No additional funds are required.

To authorize the Chairman of the Colville Business

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

Page 14

2012-268.l&j/m&b

Council to submit a letter of support for Colville Tribal

Police Chief, Matt Haney, to endorse his application as

the Colville Tribes' representative on a Federal

Fellowship to the National Counterterrorism Center in

Washington, D.C. As part of this fellowship the

Colville Tribe will recover all salary and incidental

expenses related to this assignment and authorizes the

Chair or designee to sign all necessary documents.

To approve replacement of the Gaming Commission's

Tribal Gaming Agents and Surveillance incident

reporting and risk management system. This new

system is consistent with the intent of the Tribal-State

Compact and meets the Colville Tribal Gaming

Commission minimum internal control standards.

Special Session

April 26th, 2012

Trisha Jack, CBC Recording Secretary

0 AGAINST

0 ABSTAINED

9 FOR (AJ, FL, SP, RG, BN, CM, LR, DS, RS)

0 AGAINST

0 ABSTAINED

Page 15

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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