# COLVILLE CONFEDERATED TRIBES (2018)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A709b7a67d45981a3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

COLVILLE CONFEDERATED TRIBES
COLVILLE BUSINESS COUNCIL
Special Session
October 4th, 2018
Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Rodney Cawston, Andy Joseph Jr., Karen Condon (present 9:14 am), Jack Ferguson, Andrea
George, Margie Hutchinson, Janet Nicholson, Norma Sanchez, Joseph Somday, Joel Boyd,
Richard Moses

Delegation/Leave:
Resolution No.

2018-598.nrc
10-Signature

2018-599.l&j
10-Signature

2018-600.hhs
10-Signature

2018-601.hhs
10-Signature

Richard Swan Sr., Susie Allen, Marvin Kheel
Condensed Recommendation Information

To approve the new sub contract for 910418 McCuen & Jones
in the amount of $750,000 and authorizes the Chairman or
his/her designee to sign all pertinent documents. Attached is
sub contract & SOW. No Tribal dollars associated.

To authorize the Chairman to sign a Public Assistance grant
agreement with FEMA for reimbursement of up to 75% of the
eligible expenses incurred for the protection of lives, property,
and natural and cultural resources during the 2018 Okanogan
River flood and subsequent debris cleanup (disaster declaration
FEMA-4384-DR-CTCR); and to designate Tribal employees to
fulfill reporting and compliance requirements related to the
agreement. The Chairman or designee is authorized to sign all
pertinent documents.
To appoint Janet Nicholson as the delegate for the Indian Policy
Advisory Committee with Norma Sanchez as the alternate.
This recommendation will supersede all previous resolutions
for delegations to IPAC. Chairman or designee authorized to
sign all pertinent documents.
To appoint Norma Sanchez as the delegate for the American
Indian Health Commission for Washington State with Janet
Nicholson as the alternate. This recommendation will
supersede all previous resolutions for delegations to AIHC.
Chairman or designee authorized to sign all pertinent
documents.

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

Colville Business Council Vote
Tally
10 FOR (JS, RS, AJ, JF, RM,
MK, JB, MH, NS, SA)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (RS, RM, AJ, NS, JN,
MH, SA, JB, RC, KC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines

10 FOR (AJ, RC, JS, MH, AG,
SA, JB, JF, RM, KC)
0 AGAINST
2 ABSTAINED (JN, NS)
Rationale: Timelines
10 FOR (AJ, RC, JS, MH, AG,
SA, JB, JF, RM, KC)
0 AGAINST
2 ABSTAINED (JN, NS)
Rationale: Timelines

Page 1 of 14

2018-602.e&e
10-Signature

2018-603.e&e.m&b
10-Signature

2018-604.tg
10-Signature

2018-605.m&b
10-Signature

2018-606.nrc
10-Signature

2018-607.e&e.m&b
10-Signature

2018-608.e&e.m&b
10-Signature

2018-609.
m&b.l&j.hhs

To approve the Omak School District as fulfilling the tribal
consultation requirements mandated by the Every Student
Succeeds Act - P.L. 114-95. Chair or designee authorized to
sign all pertinent documents.

To approve the contract for Dennis Richardson as the Paschal
Sherman Indian School Third Grade Teacher effective August
22, 2018 through June 12, 2019 in the amount of $41,831.00.
Chairman or designee to sign all pertinent documents.

To appoint the Chairman the delegate and vice-chairman is the
alternate for the Affiliated Tribes of the Northwest Indians.
This recommendation will supersede all previous
recommendations for ATNI Delegates. Chairman or Designee
is authorized to sign all pertinent documents.
To donate/sponsor $5,000 to the Champion of Champions
Indian Relay Races in Walla Walla, Washington on September
21st - 23rd, 2018. Make check payable to: Horse Nations
Indian Relay Council. Funds to come from account no.
891.63410. Chairman or designee is authorized to sign all
pertinent documents.
To approve change order #1 for 312017 Raincountry
Refrigeration Inc. extending the date to October 31, 2018 and
the contract value remains the same and authorize the Chairman
or his/her designee to sign all pertinent documents. Attached is
change order #1. No Tribal dollars associated.

To accept carry-over of Amendment Number 4, Grant
#90CI9932, Office of Head Start funds of $567,315 to purchase
3 buses and complete unfinished projects, from CCT Federal
Budget account 202017 to CCT Federal Budget account
202018. No additional funds needed and the budget shall be
amended accordingly. Chairman or designee to sign all
pertinent documents.
To approve the purchase of 3 Micro Bird Bus from Bryson
Sales and Service of Washington, Inc. for $227,502. No
additional tribal funds needed. Chairman or designee to sign all
pertinent documents.

To authorize the Tribes to sign onto the intra-tribal amicus

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

11 FOR (JB, JS, NS, RM, AJ,
SA, RS, MK, AG, JN, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (JB, JS, NS, RM, AJ,
SA, RS, MK, AG, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (MK, RM, JS, RS, AG,
JF, MH, JB, AJ, NS)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (JF, RM, AG, JB, AJ,
MH, JS, SA, KC, RC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines
10 FOR (JS, JF, RC, AG, MH,
RM, KC, JN, MK, NS)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
10 FOR (JF, RM, NS, AG, RC,
MH, KC, JN, MK, JB)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
10 FOR (JF, RM, NS, AG, RC,
MH, KC, JN, MK, JB)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
10 FOR (JF, AG, RM, JS, KC,
RC, JN, MK, NS, JB)

Page 2 of 14

10-Signature

2018-610.e&e.m&b
10-Signature

2018-611.m&b.l&j
10-Signature

2018-612.m&b.l&j
10-Signature

brief, which will include the attached Statement of Interest, to
be filed in the bellwhether cases currently being litigated as part
of the Opioid Crisis MDL Litigation.

To approve the Five Year Non-Competing Continuation Grant
FY 2019 funds of $1,624,608 ($1,299,555 Federal Funds and
$325,053 required non-federal cash match). The five year grant
cycle is FY 2016, FY 2017, FY 2018, FY 2019, and FY 2020.

To approve the attached contract with Charissa Eichman as an
ORA attorney. Funds appropriated in the FY 2019 ORA
budget #481. Chairman or designee to sign all pertinent
documents.

To approve the attached contract with Alice Koskela as an ORA
attorney. Funds appropriated in the FY 2019 ORA budget
#481. Chairman or designee to sign all pertinent documents.

0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
11 FOR (JF, AG, RC, RM, MH,
KC, JN, MK, NS, JS, AJ)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
10 FOR (JF, RC, RM, NS, JS,
AJ, MH, KC, JB, RS)
2 AGAINST (AG, JN)
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
11 FOR (JF, RC, RM, JN, MK,
NS, JS, MH, KC, RS, JB)
1 AGAINST (AG)
0 ABSTAINED

2018-613.mb&.l&j
10-Signature

2018-614.nrc
10-Signature

2018-615.m&b.hhs
10-Signature

To approve the attached contract with Jason D'Avignon as an
ORA attorney. Funds appropriated in the FY 2019 ORA
budget #481. Chairman or designee to sign all pertinent
documents.

To approve the contract with Peone Logging in the amount of
$72,986.00 for 12.5 miles of road decommissioning of forest
roads with removal of three culverts along with stream
restoration work to return these areas back towards natural
existence. The work to be performed will improve water
quality, fish and wildlife habitat, and hydrologic flows.
Contract to be paid from account #461002. Chairman or
designee is authorized to sign all pertinent and relevant
documentation.
To accept Older American's Act CY18 Amendment #2 and
budget in the amount of $164,921.00. Chair or designee
authorized to sign all pertinent documents.

Rationale: Timelines, Special
Session cancelled.
11 FOR (JF, AG, RC, RM, JN,
MK, NS, AJ, MH, KC, RS)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
10 FOR (JS, JF, RC, AG, JN,
MK, NS, AJ, MH, KC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled

10 FOR (JF, AG, RC, RM, JN,
MK, NS, JS, AJ, MH)
0 AGAINST
0 ABSTAINED

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

Page 3 of 14

2018-616.m&b.hhs
10-Signature

2018-617.m&b.hhs
10-Signature

2018-618.m&b.hhs
10-Signature

2018-619.m&b.hhs
10-Signature

To enter into a memorandum of agreement establishing further
mechanisms for the Child Support program to facilitate services
through Tribal Police Department. The program managers are
required to sign on behalf of their program to acknowledge the
authority of this agreement. The Executive Director or
designee is authorized to sign all documents pertaining to this
agreement.
To enter into a memorandum of agreement establishing further
mechanisms for the Child Support program to facilitate services
through Children and Family Services department. The
program managers are required to sign on behalf of their
program to acknowledge the authority of this agreement. The
Executive Director or designee is authorized to sign all
documents pertaining to this agreement.
To approve FY 2019 annual budget or continued operation of
Title 45 (Public Welfare) Tribal Child Support (IV-D) program
in accordance to [45 CFR 309]. Federal share is eighty-percent
(80%) and Tribal is twenty-percent (20%) required match. The
Chairman or designee is authorized to sign all documents
pertaining to this agreement.
To authorize into lease agreement for Child Support program
occupancy. The Chairman or designee is authorized to sign all
pertinent documents.

Rationale: Timelines
10 FOR (JF, AG, RC, RM, JN,
MK, NS, JS, AJ, KC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled
10 FOR (JF, AG, RC, RM, JN,
MK, NS, JS, AJ, KC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled
10 FOR (JF, AG, RC, RM, JN,
MK, NS, JS, AJ, KC)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled
10 FOR (JF, AG, RC, RM, JN,
MK, NS, JS, AJ, KC)
0 AGAINST
0 ABSTAINED

2018-620.nrc
10-Signature

2018-621.m&b.l&j
10-Signature

To approve change order #6 for the contract with Wood
Environment & Infrastructure Solutions, Inc. (formerly Amec
Foster Wheeler Environment & Infrastructure Inc.) extending
the contract period and increasing the contract amount by
$166,900 for environmental survey & assessment, and
permitting services necessary for replacement of Owhi Lake
Dam. Funding provided by BIA Safety of Dams. Contract is
paid from account #16162. Chairman is authorized to sign all
relevant documentation.
To continue support of the Public Safety Office's traffic safety
efforts by authorizing a contract renewal for the Tribal Traffic
Safety Coordinator position. This resolution will amend 2017273, approving the Traffic Safety Coordinator, by extending the
period of performance for FY19 to include Oct. 1, 2018 through
Sept. 30, 2019. The Washington Traffic Safety Commission
will provide $65,678 in FY19 to support salaries, fringe and
indirect costs. The contract renewal will require a new 10%
match for FY19 in the amount of $6,568 from the Public Safety
Director's budget in salaries, fringe, and telecomm to meet the

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

Rationale: Timelines, Special
Session cancelled.
10 FOR (JS, JF, RC, AG, JN,
MK, NS, RM, AJ, MH)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled

10 FOR (JF, AG, RC, RM, JN,
MK, NS, JS, AJ, MH)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.

Page 4 of 14

2018-622.m&b.l&j
10-Signature

2018-623.m&b.tg
10-Signature

requirement. The project total is $72,246. Chairman or designee
authorized to sign all pertinent documents.
To accept the FY19 Annual Grant award in the amount of
$12,000 from the Washington Traffic Safety Commission for a
traffic safety public service announcement (PSA) campaign.
This grant will act as Phase 2 of the Focus Group grant award
received from WTSC in FY18, ref Resolution #2017-294. No
Tribal dollars. Chairman or designee authorized to sign all
pertinent documents.
CONFIDENTIAL

10 FOR (JF, AG, RC, RM, JN,
MK, NS, JS, AJ, MH)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
10 FOR (JF, AG, RC, RM, AJ,
JB, KC, MK, SA, JS)
0 AGAINST

2018-624.m&b.hhs
10-Signature

2018-625.e&e.m&b
10-Signature

2018-626.nrc
10-Signature

2018-627.hhs
10-Signature

To approve CCT Child Support and Tribal System & Services
(TS&S) contract in the amount of $73,550.00. This contract
agreement is to provide administrative support and user
technical support services, training and assistance with
processing of financial child support data. Technical support
services include management of the Model Tribal System
application software and data center operations; and access to
perfective, corrective, or adaptive maintenance changes made to
ensure optimal performance of the (MTS) application in the
Tribe's data environments. The Chairman or designee is
authorized to sign all documents pertaining to this agreement.
To approve the attached contract for Nancy Lynn PalmanteerHolder as Paschal Sherman Indian School Superintendent
effective September 2018 through August 1, 2019 in the
amount of $110,000.00. Chair or designee authorized to sign
all pertinent documents.

Whereas, having reviewed the August 27, 2018, draft Extension
of the 2008 Columbia River Fish Accords Memorandum of
Agreement with staff and attorneys, it is the recommendation of
the Natural Resources Committee to approve the Extension for
signature with BPA, the Army Corps of Engineers, and Bureau
of Reclamation. The Extension continues and updates agency
funding commitment, the Tribes' legal commitments, the no
surprises protocol, and other aspects of the 2008 Accord for the
next four years.
Understanding that the draft Extension is subject to public
comment, this recommendation of approval is with the proviso
that the language remain substantively the same after the public
comment period. Chairman or designee is authorized to sign all
necessary documents.
To approve the Budget Modification to Contract
TRB22325/Fund 540018, which is an interagency agreement

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
10 FOR (JF, AG, RC, RM, AJ,
MK, KC, JN, MH, JS)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.

10 FOR (RM, JS, JN, MK, NS,
AJ, MH, SA, JF, JB)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.
10 FOR (JS, AG, RC, JF, NS,
SA, JB, MH, KC, JN)
0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.

10 FOR (JN, SA, AG, JB, NS,
JS, JF, MH, KC, RM)

Page 5 of 14

2018-628.hhs

2018-629.m&b.l&j

2018-630.m&b.l&j

2018-631.m&b.l&j

2018-632.m&b.l&j

2018-633.m&b.l&j

2018-634.m&b.l&j

between the State of Washington Department of Health WIC
Program and the Colville Confederated Tribes. The purpose of
amendment #7 is to increase funds for the Breastfeeding Peer
Counselor Program during the funding period of October 2018 December 2018 by $12,291. These funds support staff wages
and program expenses. Chairman or designee to sign all
pertinent documents.
To accept Amendment Number Thirteen (13) increasing IHS
Contract Number 248-96-0001 in the total amount of
$259,303.00 for non-recurring Fiscal Year 2018 fund for Office
of Environmental Health and Engineering FY 2018 Title I
shares per amendment in the amount of $64,408; Maintenance
and Improvement for Behavioral Health/Tribal Health in the
amount of $27,496 and Equipment in the amount of $12,506;
Maintenance and Improvement for Lake Roosevelt Clinics in
the amount of $127,060 and Equipment in the amount of
$27,433. Chair or designee authorized to sign all pertinent
documents.
To approve the attached contract with Arrow Creek Law to
continue to provide legal services related to the Tribes water
rights claim. Funds appropriated in the FY 2019 ORA
budget/587 line. Chairman or designee to sign all pertinent
documents.
To approve the attached contract with Arvay Finlay, LLP to
continue to provide legal services related to the Tribes interest
in Canada. Funds appropriated in the FY 2019 ORA budget/587
line. Chairman or designee to sign all pertinent documents.
To approve the attached contract with Hobbs, Straus, Dean &
Walker to continue to provide legal services related to 638
contracting, litigation, and other matters as assigned. Funds
appropriated in the FY 2019 ORA budget/587 line. Chairman
or designee to sign all pertinent documents.
To approve the attached contract with McElroy, Meyer,
Walker, & Condon P.C. to continue to provide legal services
related to the Tribes Water Rights Claim. Funds appropriated in
the FY 2019 ORA budget/587 line. Chairman or designee to
sign all pertinent documents.
To approve the attached contract with Moran Public Affairs
LLC to continue to provide State Lobbyist services. The
contract is the same amount as FY 2018. Funds appropriated in
the FY 2019 ORA budget/587 line. Chairman or designee to
sign all pertinent documents.
To approve the attached contract with Ogden Murphy Wallace
(successor firm of former Short Cressman) to continue to
provide legal services related to the Teck litigation and Trustee
Council for NRDA in Upper Columbia River. Funds
appropriated in the FY 2019 ORA budget/587 line. Chairman

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

0 AGAINST
0 ABSTAINED
Rationale: Timelines, Special
Session cancelled.

9 FOR (AJ, JF, AG, MH, JN,
NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

9 FOR (AJ, KC, JF, MH, JN,
NS, JS, JB, RM)
1 AGAINST (AG)
0 ABSTAINED
9 FOR (AJ, KC, JF, MH, JN,
NS, JS, JB, RM)
1 AGAINST (AG)
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

Page 6 of 14

2018-635.m&b.l&j

2018-636.m&b.l&j

2018-637.m&b.l&j

2018-638.m&b.l&j

2018-639.m&b

2018-640.m&b.l&j

2018-641.m&b

or designee to sign all pertinent documents.
To approve the attached contract with Ziontz Chestnut to
continue to provide legal services related to the Tribes interests
in Lake Roosevelt Management, participating in the CRSO EIS
process, matters affecting the Tribes fisheries and hydropower,
and matters relating to boundary water jurisdiction. Funds
appropriated in the FY 2019 ORA budget/587 line. Chairman
or designee to sign all pertinent documents.
To approve the attached contract for Collections Services. The
Collections agency adds its fee to the amount owed to and
remitted to the Tribes, so there is no cost to the Tribes for this
Contract. Chairman or designee to sign all relevant documents.
To approve FY 2019 Contract for Whitfield Russell Associates,
funds are included in the Outside Litigation/ORA FY 2019
Budget, Chair or designee to sign all pertinent documents.
To approve contract for Hart West & Associates services
rendered in the Tribes History of the Colville and Moses
Columbia and the North Half of the Colville Reservation,
historian use of the Tribes' Traditional Territories, and the
demarcation line between the North Half & South Half of the
Colville Reservation. Funds available in FY 2019 Budget,
Chair or designee to sign all pertinent documents.
To adjust the total payment for the 2017-18 Claims Review
performed by Moss Adams for the HHS Department from
$42,800.00 to $56,592.67. The added cost is due to additional
time in receiving data and delayed travel. The invoices are
included with this request and the fund to be utilized is the
Health QQ 19306, 18-169 which was approved by previous
resolution 2018-169 on 03/09/2018.
To authorize a service agreement for a 1 year term with
OnSolve's Code Red Mass Notification System (at $5,000 per
year), with the option to renew at the end of the agreement
term. The service will provide the Colville Tribes with a
dedicated notification system that can send out alerts to
subscribed tribal employees and community members in the
case of emergency. The agreement has a limited waiver of
sovereign immunity within the arbitration clause and requires
CBC approval. No additional funds requested. CBC grants the
Executive Director the authority to sign this service agreement.
Whereas, the term of the representative from the membership of
the Tribe, as appointed by the Business Council expired on July
7, 2018 it is the recommendation of the Management & Budget
Committee to recommend the appointment of William E.
Nicholson as Director on the Colville Tribal Credit Board of
Directors for a two year period by the Colville Business

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

9 FOR (AJ, KC, JF, MH, JN,
NS, JS, JB, RM)
1 AGAINST (AG)
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

7 FOR (AJ, JF, MH, NS, JS, JB,
RM)
2 AGAINST (KC, AG)
1 ABSTAINED (JN)

Page 7 of 14

2018-642.m&b

2018-643.m&b.cdc

2018-644.m&b.e&e

2018-645.m&b

2018-646.m&b

Council.
To approve St. Clair Construction contract be carried over to
fiscal year 2018-2019 in the amount of Three hundred ninety
five thousand dollars and no cents (395,000.00), to remove the
existing roof at the Nespelem Community Center and install a
new roof with the funding from account 671.63410 Chairman
or designee to sign all pertinent documents.
To approve the FY 19 budget for the Colville Tribes Land Use
Review Board to include mileage for the board members to
attend meetings.
To amend Resolution 2018-484 to include the change in the
employee contract for Lori Falcon, which increases annual
compensation from $84,000 to $102,000 and moving stipend of
$4,000. Chairman or designee to sign all pertinent documents.
For the Executive Director, Chief Financial Officer, an assigned
Office of Reservation Attorney and the Program Directors of
the affiliated Community Centers, Senior Meal Sites and the
Longhouses to analyze and assess the possibility of financial
funding opportunities as a non Profit versus their current
operating status. Report results to Council by December 1,
2018.
To formally support the passage of I-1631 this November.

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

8 FOR (AJ, KC, AG, MH, JN,
NS, JB, RM)
2 AGAINST (JF, JS)

2018-647.tg

2018-648.tg

2018-649.tg

2018-650.tg

2018-651.tg

To appoint Rodney Cawston as the delegate for the National
Congress of American Indians (NCAI). This resolution shall
supersede all previous resolutions. Chairman or designee to
sign all pertinent documents.
To appoint Karen Condon as the alternate delegate for the
National Congress of American Indians (NCAI). This
resolution shall supersede all previous resolutions. Chairman or
designee to sign all pertinent documents.
To appoint Andy Joseph Jr. as the alternate delegate for the
National Congress of American Indians (NCAI). This
resolution shall supersede all previous resolutions. Chairman or
designee to sign all pertinent documents.
To appoint Richard Swan Sr. as the alternate delegate for the
National Congress of American Indians (NCAI). This
resolution shall supersede all previous resolutions. Chairman or
designee to sign all pertinent documents.
To appoint Jack Ferguson as the alternate delegate for the

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
9 FOR (AJ, JF, AG, MH, JN,
NS, JS, JB, RM)
0 AGAINST
1 ABSTAINED (KC)
9 FOR (KC, JF, AG, MH, JN,
NS, JS, JB, RM)
0 AGAINST
1 ABSTAINED (AJ)
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
9 FOR (AJ, KC, AG, MH, JN,

Page 8 of 14

National Congress of American Indians (NCAI). This
resolution shall supersede all previous resolutions. Chairman or
designee to sign all pertinent documents.
2018-652.tg

2018-653.tg

2018-654.tg

2018-655.tg

2018-656.tg.nrc

2018-657.tg.nrc

To appoint Norma Sanchez as the delegate for the Omak
Stampede Committee Tribal Representative. This
recommendation will supersede all previous recommendations
for the Omak Stampede Tribal Delegate. Chairman or designee
to sign all pertinent documents.
To appoint Jack Ferguson as the Tribal Representative for the
Infrastructure Assistance Coordinating Council (IACC).
Chairman or designee authorized to sign all pertinent
documents. This resolution supersedes all other resolutions
delegating members to the IACC.
To appoint Joel Boyd as the Tribal Representative for the Tribal
Policy Advisory Committee adding Andrea George and Janet
Nicholson as alternates. Chairman or designee authorized to
sign all pertinent documents.
To adopt the attached Colville Business Council Committee
Chart with minor corrections, effective immediately. Chairman
or designee to sign all pertinent documents.
To implement the Alternative proposed by the 3P (IRMP) team
for the 21-Mile Logging Unit. This project area was initially
proposed in January 2014, but due to two years of salvage
logging; the project was not completed within the 5-year limit
for Timber Sale contracts. Therefore, a new contract needs to
be established. The remainder of the 21-Mile Project will
encompass the harvest of an estimated 1,500,000 board feet of
Ponderosa Pine, 3,750,000 board feet of Douglas Fir/Western
Larch, and 2,250,000 board feet of White firs/other for a total
harvest of 7,500,000 board feet. The project will treat a total of
1,073 board acres of Tribal Trust land (779 acres of Tractorbased skid system and 294 acres of Cable-skid system). In
addition, Forestry will deduct $7.70 per mbf to be paid into the
"Special Forestry Projects" account; to implement Excavator
Site Preparation (1,028 acres) by the Forestry Department. Any
remaining monies in the Special Forestry Projects funding will
be returned back as additional stumpage. Chairman or designee
has the authority to sign all pertinent documents. To not cut
Large Pine unless we get $500 per 1,000 at a minimum. To
protect Cultural Foods within the Logging Unit.
To approve to extend the current "Timber Use Policy" for the 4
year period beginning FY2019 through FY2022.

NS, JS, JB, RM)
0 AGAINST
1 ABSTAINED (JF)
9 FOR (AJ, KC, JF, AG, MH,
JN, JS, JB, RM)
0 AGAINST
1 ABSTAINED (NS)
9 FOR (AJ, KC, AG, MH, JN,
NS, JS, JB, RM)
0 AGAINST
1 ABSTAINED (JF)
7 FOR (AJ, KC, JF, MH, NS, JS,
RM)
0 AGAINST
3 ABSTAINED (AG, JN, JB)
8 FOR (AJ, JF, MH, JN, NS, JS,
JB, RM)
2 AGAINST (KC, AG)
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

Page 9 of 14

2018-658.tg

2018-659.tg

2018-660.tg

To approve the 2018 November Elder Quarterly Stipend, from
account PL75747012, in the amount of $350.00 to each eligible
tribal member age 55 and older of the Confederated Tribes of
the Colville Reservation. Elder Stipend shall be distributed on
or before October 29, 2018. Eligibility for the Elder Stipend
shall be: age 55, enrolled and living as of October 1, 2018. The
following shall not apply to the 2018 November Elder Stipend:
Debt Set-Off Ordinance and Retro Active Payments.
Department hold lists are due October 1, 2018. The following
departmental holds shall be approved for deposit into the tribal
members IIM account:
1. Social Services Court Order/Voluntary consent for adults.
2. Enrollment Deceased Elders/Unclaimed Checks past 90 days.
To approve a $200.00 Per Capita from account PL7219709 to
be distributed on or before December 3, 2018 to each eligible
tribal member of the Confederated Tribes of the Colville
Reservation. Eligibility requirements: must be
enrolled/adopted/living as of October 25, 2018; the following
deadlines shall apply: Completed Enrollment Application
October 8, 2018; Court Orders for Minors and Adults October
22, 2018; Departmental hold list October 22, 2018. The
following shall not apply: Retro-Active payments and Debt SetOff Ordinance, with the following exception. The following
departmental holds are approved and shall apply.
1. Children & Family Services, Court Orders/Voluntary consent
for minors and adults. 2. Social Services, Court
Orders/Voluntary consent for minors and adults. 3. Child
Support, Court Orders/ Voluntary consent 4. Enrollment
Department, Court Orders/Voluntary consent/Administrative
Error's for minors and adults/Unclaimed checks past 90 days.
To accept the Colville Tribal Relinquishment request of David
Todd Madera on the current Colville Tribal Membership Roll.

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST

2018-661.tg

2018-662.tg

2018-663.tg

To adopt Karl Ivan Tonasket as applicant meets requirements of
Section 8-1-160 of Enrollment Ordinance and Constitution of
the Confederated Tribes of the Colville Reservation.
To adopt Keslynn Elizabeth Sanchez as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.
To adopt Naerella Ann Everybodytalksabout as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
9 FOR (AJ, KC, AG, MH, JN,
NS, JS, JB, RM)
0 AGAINST
1 ABSTAINED (JF)
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST

Page 10 of 14

2018-664.tg

2018-665.tg

2018-666.tg

2018-667.nrc

2018-668.nrc

2018-669.nrc

2018-670.nrc

2018-671.nrc

To adopt Xavier Skyhawk Fuentes as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.
To adopt Dezmond Thunder Eagle Fuentes as applicant meets
requirements of Section 8-1-160 of Enrollment Ordinance and
Constitution of the Confederated Tribes of the Colville
Reservation.
To adopt Destany Kayla Paul as applicant meets requirements
of Section 8-1-160 of Enrollment Ordinance and Constitution of
the Confederated Tribes of the Colville Reservation.
To request the Ferry County Commissioners to transfer the
Hellsgate roads described as follows: Road number 00150
Hellsgate Road beginning Mile Post 0 to Mile Post 99; Road
number 00170 Nine mile/Hellsgate Mile beginning Post 0 to
Mile Post 40.77; Road number 00190 Sand Hill beginning Mile
Post 0 to Mile Post 1.5, and Road number 210 Canteen Creek
Road beginning mile Post 0 to Mile Post 10.68 to the
Confederated Tribes of the Colville Reservation. See attached
map. These sections of road will be added to the TTIP, and the
Tribe will assume maintenance of said road sections of the
Hellsgate Roadway. The Chairman or designee is authorized to
sign all pertinent documents.
To approve budget modification #2 for 8132 Chelan County
PUD Northern Pike Project adding an additional $17,500
bringing the total contract value to $52,500 and the dates
remain the same, and authorize the Chairman or his/her
designee to sign all pertinent documents. Attached is budget
mod #2. No tribal dollars associated.
To approve the new sub contract for 316618 Okanogan Nation
Alliance in the amount of $75,716 and the chairman or his/her
designee is authorized to sign all pertinent documents.
Attached is sub contract and SOW. No Tribal dollars
associated.
To amend resolution 2018-449 for 317518 Pacific Bridge &
Construction, Inc. correcting the amount per the sub contract to
$225,000 and authorizes the Chairman or his/her designee to
sign all pertinent documents. Attached is resolution 2018-449.
No tribal dollars associated.
To approve change order #4 for 910418 Anderson Perry &
Associates Inc. C17-037 adding an additional $37,670 bringing
the total contract value to $116,270 and extending the end date
to July 31, 2019 and authorizes the Chairman or his/her
designee to sign all pertinent documents. Attached is change

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

Page 11 of 14

2018-672.nrc

2018-673.nrc

2018-674.nrc.m&b

2018-675.nrc

2018-676.nrc

2018-677.nrc

2018-678.nrc

2018-6790.nrc

order #4 and SOW. No Tribal dollars associated.
To approve amendment #2 for 321518-310018-7703-312418
Battelle Memorial Institute MOU extending the date to April
30, 2019 and the contract value remain the same, and the
Chairman or his/her designee authorized to sign all pertinent
documents. Attached is amendment #2 and MOU. No Tribal
dollars associated.
To accept and approve the sale of Tribal Fee Parcel No.
2001140500 (aka 815 6th Ave., Omak, WA 98841) to Colville
Tribal Member, Jennifer Peoples, at the negotiated price of
$30,000.00 with rental monies of $7,010.00 applied, with a
difference of $22,990.00 owed to the Colville Confederated
Tribes. The legal description is as follows:
Lot 5 & 6 Block 114 Government Townsite of Omak, Section
34, Township 26 North, Range 36 East, Willamette Meridian,
Okanogan County, Washington, containing, 6,000.00 square
feet, more or less. Chairman or designee has authority to sign
all pertinent documents.
To waive the Technical Services and Support fees for the
repairs to the Mt. Tolman complex caused from the 2016 flood
damage.
To approve budget modification #1 for 316618 Okanogan Sub
Basin Implementation & Habitat Project EXP adding an
additional $44,750 bringing the total contract value to
$1,578,050 and the contract dates remain the same, and the
Chairman or his/her designee is authorized to sign all pertinent
documents. Attached is budget mod #1. No Tribal dollars
associated.
To approve the new sub contract or 316618 McCuen & Jones in
the amount of $115,100 and the Chairman or his/her designee is
authorized to sign all pertinent documents. Attached is the new
sub contract & SOW. No Tribal dollars associated.
To approve budget modification #1 for 752518 Forest Fish
Support Account doing a line item transfer and change the
scope of work and the contract value and dates remain the
same, and authorize the Chairman or his/her designee to sign all
pertinent documents. Attached is budget mod #1. No Tribal
dollars associated.
To approve the new full award for 7703 Columbia River Water
Management Plan in the amount of $561,511 and the dates are
from July 1, 2018 to June 30, 2019 and authorize the Chairman
or his/her designee to sign all pertinent documents. Attached is
new full award. No Tribal dollars associated.
To approve the new award for 1769 BIA Northern Pike
Suppression Project in the amount of $104,687 and authorize

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
6 FOR (AJ, MH, JN, JS, JB, RM)
3 AGAINST (KC, AG, NS)
1 ABSTAINED (JF)

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)

Page 12 of 14

2018-680.nrc

2018-681.nrc

2018-682.nrc

2018-683.cul

2018-684.cdc

2018-685.cdc
FAILED

the Chairman or his/her designee to sign all pertinent
documents. Attached is the New Award. No Tribal dollars
associated.
To approve change order #1 for 1762 Okanogan Drilling
changing the fund number to 312017 Colville Hatchery O&M
and the contract value and dates remain the same, and the
Chairman or his/her designee is authorized to sign all pertinent
documents. Attached is change order #1. No Tribal dollars
associated.
To approve change order #1 for 1762 Flowers & Sons adding
an additional $17,982.36 bringing the total contract value to
$189,212.36 and the Chairman or his/her designee is authorized
to sign all pertinent documents. Attached is change order #1.
No Tribal dollars associated.
To amend resolution 2018-304 to correct legal description.
Chairman or designee has authority to sign all pertinent
documents.
That the CBC Chairman sign the Memorandum of Agreement
between Bonneville Power Administration, the Washington
State Historic Preservation Officer, the Yakama Nation, the
Confederated Tribes of the Colville Reservation and the
Washington Department of Natural Resources regarding
Cultural Resources in the Implementation of the Northern MidColumbia Transmission Line Joint Project.
To approve the following Womer & Associates to perform
engineering Services for Buffalo Lake Road, Hall Creek Road
& Coyote Creek Road. Time and material not to exceed
$116,304.49. Chairman or designee to sign all pertinent
documents.
To uphold the Colville Tribes Land Use Review Board decision
made during public hearing on August 29, 2018 top approve the
variance request submitted by Kendall Gentry (permit #18.110)
to construct an airplane hander on his property on the northwest
portion of the Hells Gate Game Reserve with the conditions
listed in the attached staff report. The property has an existing
airplane landing strip which Mr. Gentry uses to access his
existing home site along with allowing government uses for
emergency fires when need arises. The hanger is a simple
cover to park his airplane in for safety reasons having to do
with birds nest in in the aircraft and rodents disabling the
aircrafts by chewing wiring and will be constructed over an
existing aircraft parking pad. A Variance permit approved by
Colville Business Council resolution is required under Tribal
Code Law 4-3-171 for this type of use. Tribal Code Law 4-3171 (b) states that a variance may be granted by the Review
Board if it concludes that strict enforcement of this Chapter

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED
2 FOR (JN, JS)
8 AGAINST (AJ, KC, JF, AG,
MH, NS, JB, RM)
0 ABSTAINED

Page 13 of 14

2018-686.cdc

2018-687.l&j

would result in practical difficulties or unnecessary hardships
for the applicant and that, by granting the variance, the spirit of
this Chapter will be observed, public safety and welfare secured
and substantial justice done. The applicant met all requirements
of Tribal Code law 4-3-122 (a)(1-6) and 4-3-171 (b)(1-9)
To uphold the Colville Tribes Land Use Review Board decision
made during public hearing on August 29, 2018 to approve the
special use permit for Nespelem Valley Electric Coop to
construct the Chicken Creek Substation (permit #18.101) with
the conditions listed in the attached staff report. A special use
permit approved by Colville Business Council resolution is
required under Tribal Code Law 4-3-321 (i) for this type of use
(public utilities or utilities operated by mutual agencies
consisting of water wells, electrical substation, gas metering
stations, power booster or conversion plants and the necessary
buildings, apparatus or appurtenances thereto, but not including
distribution mains).
To amend the delegation of the FirstNet Region X working
group, to replace Larry Allen with delegation to Susie Allen.
This designation provides the Tribes' point of contact.

9 FOR (AJ, JF, AG, MH, JN,
NS, JS, JB, RM)
0 AGAINST
1 ABSTAINED (KC)

10 FOR (AJ, KC, JF, AG, MH,
JN, NS, JS, JB, RM)
0 AGAINST
0 ABSTAINED

Special Session
October 4th, 2018
Naomi Yazzie, Executive Office Assistant

Page 14 of 14

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A709b7a67d45981a3. Public record. Not legal advice.