COLVILLE CONFEDERATED TRIBES (2018)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

November 8th, 2018

Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Rodney Cawston, Karen Condon, Jack Ferguson, Richard Swan Sr., Andrea George, Margie

Hutchinson, Norma Sanchez, Joseph Somday, Marvin Kheel, Joel Boyd, Richard Moses

Delegation:

Andy Joseph Jr., Susie Allen, Janet Nicholson

Resolution No.

2018-710.m&b

10-Signature

Condensed Recommendation Information

Colville Business Council Vote

Tally

To sponsor $5,000 to the Indian National Finals Rodeo "Parade

of Nations". Funds to come from the Donations budget.

10 FOR (JF, RC, MH, RS, NS,

RM, KC, JB, SA, AJ)

0 AGAINST

0 ABSTAINED

2017-711.tg

10-Signature

To authorize the Okanogan County Democrats to schedule and

promote their November 3rd, 2018 meeting at the Lucy F.

Covington Government Center Auditorium.

Rationale: Timelines

10 FOR (MK, NS, RS, MH, JS,

JF, JB, RM, AJ, AG)

0 AGAINST

0 ABSTAINED

2018-712.e&e.m&b

10-Signature

To approve the attached budget mod in the amount of $99,000.

The funds are carried over from FY18. The Chair is authorized

to sign all pertinent documents.

Rationale: Timelines

11 FOR (JF, MK, NS, RM, AJ,

AG, SA, KC, RS, RC JB)

0 AGAINST

0 ABSTAINED

2018-713.m&b

10-Signature

2018-714.m&b

10-Signature

To approve a change order to St. Clair Construction contract in

the amount of $117,403.42 from account 153.63410 to be

transferred to Nespelem Community Center account 671.63410

to inspect, analyze and mitigate the mold in the gym, and to

replace roofing in the framed roofing areas with new TPO

membrane with a 30 year warranty. Chairman or designee to

sign all pertinent documents.

To approve Change Order No. 5 increasing the contract amount

not to exceed $75,594.98 to incorporate alternative

reinstatement method in Coulee Dam. Funds allocated through

Special Session

November 8th, 2018

Naomi Yazzie, Executive Office Assistant

Rationale: Timelines

10 FOR (JF, JB, AG, RS, RC,

SA, JS, JN, AJ, RM)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JF, RS, MH, JS, JB,

AG, RM MK, KC, NS)

0 AGAINST

Page 1 of 7

2018-715.e&e

10-Signature

Resolution 2016-275 have adequate funds available to cover

these changes. Chairman or designee to sign all related

documents.

To approve the attached Standards of Conduct Policy for the

Early Childhood Education/Head Start Program. (Policy

Council Approved 09/20/2018).

0 ABSTAINED

Rationale: Timelines

10 FOR (JB, NS, JS, RM, AG,

RS, JN, JF, AJ, SA)

0 AGAINST

0 ABSTAINED

2018-716.e&e

10-Signature

To approve the attached Staff Training Policy for the Early

Childhood Education/Head Start Program. (Policy Council

Approved 09/20/2018).

Rationale: Timelines

10 FOR (JB, JS, NS, RM, AJ,

AG, RS, JN, JF, SA)

0 AGAINST

0 ABSTAINED

2018-717.e&e

10-Signature

To approve the attached Background Checks and Procedures

Policy for the Early Childhood Education/Head Start Program.

(Policy Council Approved 09/20/2018).

Rationale: Timelines

10 FOR (JB, JS, NS, RM, AG,

AG, RS, JN, JF, SA)

0 AGAINST

0 ABSTAINED

2018-718.hhs

2018-719.m&b

2018-720.m&b.l&j

2018-721.m&b.l&j

2018-722.m&b.cdc

To approve Budget Modification #1 for the FY 2018 Fiscal

Year. This is to reallocate existing funding of the grant to areas

within that need additional support. This action requires no

tribal dollars and all performances measure remain the same.

CFDA #93.237. Chairman or designee to sign all pertinent

documents.

To accept the funds for FY 2019 BIE Exceptional Education:

Contract #A18AV00627 Budget Modification #1 for the

amount of $213,040. The Tribal Chairman or designee to sign

all pertinent documents.

To approve the Gaming Commission's FY19 Organizational

Chart and $3,667,312 (total expenses $3,757,312 less licensing

revenue of $90,000) to meet the needs of the Commission at the

levels necessary to sustain the regulatory requirements for the

fiscal year.

To approve the Internal Auditor's FY19 Organizational Chart

and Budget for $85,076 to meet the needs of the Commission at

the levels necessary to sustain the regulatory requirements for

the internal auditing for the fiscal year.

To accept the Lake Rufus Woods Fishing Access contract with

Washington State Fish & Wildlife in the amount of $1M (One

Million Dollars) to develop a boat launch. Chairman or

designee authorized to sign all pertinent documents. Attached

are Summary of Work, Tasks, Deliverables, and Budget. No

Special Session

November 8th, 2018

Naomi Yazzie, Executive Office Assistant

Rationale: Timelines

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

Page 2 of 7

2018-723.m&b

2018-724.m&b

2018-725.m&b

2018-726.m&b

2018-727.m&b

2018-728.tg

2018-729.tg

2018-730.tg

Tribal dollars. Indirect $7,881.

To approve the contract between Parks and Recreation and

Jesse Palmer Construction to site prep, transport, and set up

facility at the Mt. Tolman Complex. No Indirect. No Tribal

dollars. Expenses paid with insurance claim.

To approve the attached invoices to Finley & Cook, CPA in the

amount of $251,381.62 for Serenic Annual Maintenance &

Enhancements. Funds to come from approved budget. Chair or

designee approved to sign all pertinent documents.

To rescind 2007-371 and replace it with another resolution.

Whereas, Colville Tribal Credit acquires real estate both within

and outside the exterior boundaries of the Colville Reservation

through loan foreclosure and collection activities; and,

Whereas, when Colville Tribal Credit acquires real estate

through the above mentioned activities, it will no longer be

required to first offer the real estate to the Colville Tribal

government when the real estate is less than 2.5 acres in size.

To have Tribal Credit loans repaid so that adequate loan funds

are available to serve current and future Tribal member

borrowers, and

Whereas, Tribal Credit customers, as part of a standard loan

package, assign to Tribal Credit as loan collateral all trust

income and per capitas; and

Therefore be it resolved, that the Colville Business Council will

allow per capita holds for Tribal Credit judgments against

Tribal Credit loan customers but these holds will not include

any per capitas from the Grand Coulee Dam (181-D) settlement

money.

To approve the Lake Roosevelt Community Health Clinic Proof

of Loss (attached) in the amount of $139,395.09 for the roof

insurance claim, and authorize the chairman or his/her designee

to sign all pertinent documents.

To adopt Zairah Mae Marcellay as applicant meets

requirements of Section 8-1-160 of Enrollment Ordinance and

Constitution of the Confederated Tribes of the Colville

Reservation.

To adopt Aaron Gregory Thomas Simpson as applicant meets

requirements of Section 8-1-160 of Enrollment Ordinance and

Constitution of the Confederated Tribes of the Colville

Reservation.

To adopt Joseph Vernon Smith as applicant meets requirements

of Section 8-1-160 of Enrollment Ordinance and Constitution of

the Confederated Tribes of the Colville Reservation.

Special Session

November 8th, 2018

Naomi Yazzie, Executive Office Assistant

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

9 for (JF, RS, AG, MH, NS, JS,

MK, JB, RM)

1 AGAINST (KC)

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

Page 3 of 7

2018-731.nrc

2018-732.nrc

2018-733.nrc

2018-734.nrc

2018-735.nrc

2018-736.nrc

To approve for permission to apply for the Grant PUD Northern

Pike Project and authorize the Chairman or his/her designee to

sign all pertinent documents. Attached is email. No Tribal

dollars associated.

To approve for permission to apply for the Bureau of

Reclamation Invasive Mussel Project Grant and authorize the

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

Attached is grant information. No Tribal dollars associated.

To approve for permission to apply for the Priest Rapid

Coordinating Committee Northern Pike Grant and authorize the

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

Attached is email. No Tribal dollars associated.

To approve amendment IAA 93-096274 for 752518 Forest Fish

Support Account for Fish & Wildlife adding an additional

$40,000.00 going to History & Archaeology Department and

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

documents. Attached is amendment agreement. No Tribal

dollars associated.

To approv

(Wenatchi)

Aboriginal Territories Hunting Regulations. The season shall

be opened only for Ceremonial tags. The Chair or designee is

authorized to sign all pertinent documents.

Whereas, The Confederated Tribes of the Colville Reservation

(“ rib ”) is a federally recognized tribe, organized pursuant to

the Constitution of the Confederated Tribes of the Colville

Reservation, as approved by the Commissioner of Indian

Affairs on April 19, 1938, as may be amended from time to

time; and

Whereas: Article V, Section 1 of the Constitution grants the

Colville Business Council the authority to promulgate and

enforce ordinances; and

Whereas: Due to changes in federal law governing leases on

tribal lands, the Tribe is diligently pursuing the United States

Department of

I rior’s a roval of

Busi ss Si

Leasing Statute, as provided pursuant to the Helping Expedite

and Advance Responsible Tribal Home Ownership Act of 2012

(“HEAR H Ac ”), ic au oriz s f d rally r cog iz d

Indian tribes to pass tribal leasing statutes to approve the

leasing of tribal lands provided those tribal statutes are

approved by the Secretary of the Interior; and

Whereas: The HEARTH Act requires the Colville Business

Council to adopt tribal leasing regulations to implement the

HEARTH Ac a d ak adva ag of

HEAR H Ac ’s

provisions;

Special Session

November 8th, 2018

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

9 for (KC, JF, RS, MH, NS, JS,

MK, JB, RM)

0 AGAINST

1 ABSTAINED (AG)

Page 4 of 7

2018-737.nrc

2018-738.nrc

2018-739.nrc

2018-740.nrc

Whereas: The HEARTH Act Business Lease Ordinance

co s i u s

rib ’s l asi g r gula io s for busi ss l as s as

required under the HEARTH Act; and

Whereas: This Resolution does not conflict with any Tribal or

federal law or require approval of any other Tribal entity.

Now therefore be it resolved that the Colville Business Council

has reviewed and hereby approves and enacts the HEARTH Act

Business Lease Ordinance;.

Be it further resolved that the Colville Business Council hereby

au oriz s

airma , or

airma ’s d sig , o

execute and deliver the HEARTH Act Business Lease

Ordinance to the United States Department of the Interior for

review and approval pursuant to the HEARTH Act, and to

make any necessary conforming changes to effectuate

approval;.

To accept and approve Quentin Holford's, Colville Tribal

Member, offer to purchase Tribal Fee parcel No. 25021.1205

(3403 W Hoffman Ave, Spokane, WA) at negotiated price of

$34,200.00. Chairman or designee has the authority to sign all

pertinent documents.

To approve Budget Modification #16 & #17 in the amount of

$400,308.00 for Contract #A16AV00307 FY 2017/2018 due to

additional government funding awarded to the Realty PL638

Contract. Chairman or designee has authority to sign all

pertinent documents.

To accept and approve Maurice Joy, Colville Tribal

Descendent, Agricultural Lease bid offer for Tribal Tract No.

101-T5317. The property is described as:

101-T5317: The W-½ NE-¼ and the E-½ E-½ Nw-¼ of Section

15, Township 30 N, Range 26 E, Willamette Meridian,

Okanogan County, Washington, containing 120.00 acres, more

or less. Purpose: Agriculture Lease. Terms: 10 Years.

Compensation: $3360.00 per year. Bond: $Required

Lease Fee: 101.00 (one-time fee)

Entire term of lease will be subject to Fair Market Rental Value.

L as subj c o co di io s ci d i IRMP oordi a or’s

review. Chairman or designee has authority to sign all pertinent

documents.

To accept and approve Darlene Giesen, Colville Tribal member,

Pasture lease application for a lease renewal on Tribal Tract No.

101-T4596 and 101-T3727. The property is described as:

101-T3727: The NW-¼ NE-¼ SE-¼ Section 7, Township 33 N,

Range 28 E, Willamette Meridian, Okanogan County,

Washington, containing 10.00 acres, more or less.

101-t4596: The S-½ NE-¼ NE-¼, SE-¼ NE-¼, and the NE-¼

NE ¼ SE-¼ of Section 7, Township 33 N, Range 28 E,

Willamette Meridian, Okanogan County, Washington,

containing 70.00 acres, more or less. Total of 70.00 acres more

Special Session

November 8th, 2018

Naomi Yazzie, Executive Office Assistant

8 for (KC, JF, MH, NS, JS, MK,

JB, RM)

1 AGAINST (AG)

1 ABSTAINED (RS)

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

Page 5 of 7

2018-741.nrc

2018-742.nrc

2018-743.nrc

2018-744.nrc

or less. Purpose: Pasture Lease. Terms: 5 year lease.

Compensation: $160.00 per year. Bond: $Waived. Lease Fee:

$15.00 (one-time fee). Entire term of lease will be subject to

Fair Market Rental Value. Lease subject to conditions cited in

IRMP Coordinator's review. Chairman or designee has

authority to sign all pertinent documents.

To accept and approve Lisa Orr, Colville Tribal Member, home

site lease application for Tribal Tract No. 101-T4399(por). The

property is descried as:

101-T4399(por): The N½SW¼NW¼NW¼ portion of Section

18, Township 33 North, Range 28 East, Willamette Meridian,

Okanogan County, Washington, containing 5.0 acres more or

less. Purpose: home site lease. Terms: 99 years upon approval

Compensation: $250.00 per year. Bond: $Waived. Lease Fee:

$15.00 (one-time fee). Entire term of lease will be subject to

Fair Market Rental Value. Lease subject to conditions cited in

IRMP Coordinator's review. Chairman or designee has

authority to sign all pertinent documents.

To accept and approve Trudi and Lawrence, Colville Tribal

members, Agricultural BID offer to lease Tribal Tract No. 101T4299(por). The property is descried as:

101-T4299(por): The E-½ NE-½ Section 9, and the W½ W½

NW¼ Section 10, Township 30 N, Range 35 E, Willamette

Meridian, Ferry County, Washington, containing 120.00 acres,

more or less. Purpose: Agriculture lease. Terms: 10 years upon

approval. Compensation: $250.00 and 1/3 crop share per year

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

Entire term of lease will be subject to Fair Market Rental Value.

Lease subject to conditions cited in IRMP Coordinator's review.

Chairman or designee has authority to sign all pertinent

documents.

To accept and approve Duran Marchand Jr., Colville Tribal

member, Home Site lease application for Tribal Tract No. 101T5585(por). The property is descried as:

101-T45585(por): The S-½ SW-¼ NW-¼ SE-¼ NW-¼ N-½

NW-¼ SW-¼ SE-¼ NW-¼ Portion of Section 12, Township 32

N, Range 36 E, Willamette Meridian, Ferry County,

Washington containing 2.50 acres more or less.

Purpose: home site lease. Terms: 99 years upon approval

Compensation: $250.00 per year. Bond: $waived

Lease Fee: $15.00 (one-time fee). Entire term of lease will be

subject to Fair Market Rental Value. Lease subject to

conditions cited in IRMP Coordinator's review. Chairman or

designee has authority to sign all pertinent documents.

To approve Anna White, Colville Tribal Member, to purchase

parcel #63208110001002 per Resolution 2018-5274, at the

negotiated value of $30,000.00, with $9,490.00 lease monies

and renovation costs of $20,000.00 applied to purchase price

Special Session

November 8th, 2018

Naomi Yazzie, Executive Office Assistant

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

Page 6 of 7

2018-745.cdc

with a difference of $510.00 owed to Colville Confederated

Tribes. The property is described as: The SW¼SE¼NE¼NE¼

of section 8, Township 32 North, Range 36 east, Willamette

Meridian, Ferry County, Washington, containing 5.00 acres,

more or less. Chairman or designee has the authority to sign all

pertinent documents.

To authorize ORA to file petitions for writ of restitution on

behalf of Public Works when necessary.

0 ABSTAINED

9 for (JF, RS, AG, MH, NS, JS,

MK, JB, RM)

0 AGAINST

2018-746.cdc

2018-347.l&j

To authorize the CCT DOT and various Tribal delegates to

proceed with meetings with FHWA, Central Office regarding

the potential funding opportunities for a Bridge crossing on

Lake Roosevelt. Chairman or designee to sign all pertinent

documents.

CONFIDENTIAL

1 ABSTAINED (KC)

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

2018-748.l&j

2018-749.l&j

2018-750.l&j

2018-751.l&j

To accept $437,500 in funding from U.S. Department of

Justice's Office on Violence Against Women to provide a Tribal

Special Assistant U.S. Attorney who will work collaboratively

between the CTCR and the U.S. Attorney-Eastern District of

Washington's Office. The funding will cover 36 months, with a

period of Nov. 1st, 2018 to Oct. 30th, 2021. No Tribal dollars.

Chairman or designee authorized to sign all pertinent

documents.

To approve the amendments for Chapter 1-1 General Provisions

(attached). Process utilizing CBC Procedural Rule3 (b), (e), (f)

and (g) were followed. Comments have been received and

considered during this comment period. Once approved, a copy

shall be forwarded to the Code Reviser for certification and

distribution.

To approve the amendments for Chapter 2-2 Civil Action

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

and (g) were followed. Comments have been received and

considered during this comment period. Once approved, a copy

shall be forwarded to the Code Reviser for certification and

distribution.

To approve and submit a proposal for the 2019 Bureau of

Indian Affairs (BIA) Attorney Fee Request and the 2019 BIA

Litigation Support Request to the BIA Office of Trust Services

via the Northwest Regional Office. Chair or his designee

authorized to sign all relevant documents.

Special Session

November 8th, 2018

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

9 for (KC, RS, AG, MH, NS, JS,

MK, JB, RM)

0 AGAINST

0 ABSTAINED

*Out of the Room (JF)

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

10 for (KC, JF, RS, AG, MH,

NS, JS, MK, JB, RM)

0 AGAINST

0 ABSTAINED

Page 7 of 7