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.