COLVILLE CONFEDERATED
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COLVILLE CONFEDERATED
TRIBES
COLVILLE BUSINESS COUNCIL
May 10, 2010
Resolution Index
Condensed by, Trisha Jack, CBC Recording Secretary
Council Members Present: Ernie Williams, Shirley Charley, Michael Finley, Jeanne Jerred, Gene Joseph, Brian
Nissen, Carleen Anderson, Susie Allen, Harvey Moses Jr, Juanita Warren (arrival
time 1:11 p.m.)
Delegation/Absent: Andy Joseph Jr, Michael Marchand, Virgil Seymour, and John Stensgar
Resolution No.
10-Signature
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10-Signature
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10-Signature
2010-288.nat
10-Signature
2010-289.cul
Condensed Recommendation Information
Colville Business Council Vote Tally
To approve that the $30,000 received from the BIA Safety of
Dams Program be placed in the 1616 account
(Environmental Trust, BIA Special Projects) according to
attached budget mod for Account 1616. No Tribal dollars
required. Chairman or authorized designee to sign all related
documents.
Authorizes the Executive Director and ORA to start the
contracting negotiations with Stauffer & Associates PLLC to
provide accounting management support services to the
Tribes. Final contract will be brought forward to the next
Management & Budget Committee on May 5, 2010 for
approval consideration of the Colville Business Council.
To allow Theresa Vieira aka Theresa Cavasos to exercise the
option to purchase under terms as recorded by tribal
resolution no. 2002-331 of home site described as follows: a
parcel of fee property and mobile home described as being
situated within Lot 11, Riverview Subdivision, as recorded
in Volume G Plat, Page 33, Records of Okanogan County
Auditor’s Office, and correction plat recorded in Book D of
Surveys, Page 305, located within Section 30, Township 29
North, Range 31 East, Williamette Meridian, Okanogan
County, Washington, most commonly known as 29
Riverview Drive, Coulee Dam, Washington. Purchase price
to be based upon appraised value less lease payments made
to date of $36,800.00. All associated fees for purchase
transaction to be paid for by buyer/purchaser. Chairman or
designee to sign all pertinent documents.
To authorize the History/Archaeology Program to accept the
contract with Teck American, Inc. in the amount of
$85,348.00 to conduct cultural resources work at Black Sand
Beach. This also authorizes History/Archaeology to
negotiate scopes of work and budgets with Teck American,
Inc cultural resources work under NHPA and Executive
Order 05-05. Work will be performed on the Reservation or
in the traditional territories of the CCT. This work is
10 FOR (VS, MF, JS, HM, BN, EW, CA, JW, SA,
JJ)
Special Session May 10, 2010
0 AGAINST
0 ABSTAINED
11 FOR (HM, SA, VS, JW, CA, JJ, MF, AJ, BN,
GJ, SC)
0 AGAINST
0 ABSTAINED
10 FOR (VS, JW, GJ, EW, HM, MM, SC, MF, AJ,
BN)
1 AGAINST (CA)
0 ABSTAINED
10 FOR (HM, JW, JJ, SA, MF, AJ, BN, MM, EW,
CA)
0 AGAINST
0 ABSTAINED
*Rationale: Timelines need ASAP
Page 1
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10-Signature
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10-Signature
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10-Signature
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associated with the cleanup of the Columbia River/Lake
Roosevelt. All contracts awarded will go through the
administrative review process for approval prior to any work
being conducted. This authorizes the Chairman or designee
to sign all documents related to this matter.
To approve the Tribe’s EPA Clean Air Act 105 Grant
submittal for $221,788 for FY2011 and 2012. No Tribal
funds are required and matching services of $11,644 are
provided by Environmental Trust BIA TPA account 1881.
Chairman or designee is authorized to sign all documents.
To support the School Tours of America field trip to
Washington D.C. chaperone Tania L. Barnhart-King
$1,000.00 donation request to match the fundraising efforts
of $1,700.00, funds to be distributed from the Wells Dam 1/3
Elders and Youth account. Chairman or designee authorized
to sign all pertinent documents.
To support the School Tours of America field trip to
Washington D.C. chaperone $1,000 donation request to
match the fundraising efforts of $1,800 funds to be
distributed from the Wells Dam 1/3 Elders and Youth
account by April 19,2010 by 4:00 pm.
To enter into an Inter-Governmental Cooperation Agreement
with the City of Omak which will serve as a facilities
agreement for the Eastside Park Dance Pavillion. The
attached “facilities agreement” has gone through review with
the Office of Reservation Attorneys; further to authorize the
Chairman or his designee to sign said agreement.
To approve the Consultant Contract with Womer and
Associates, Inc for Engineering Services, including
Administration, Planning, Survey and Design of the Buffalo
Lake Road Improvements in the amount of $278,520.00. All
funds are federal monies from the approved 638 “Multiple
Projects” Contract (CTP03T10165). Chairman or designee to
sign all pertinent documents.
Approve emergency resolution to submit application for a
FY2010-2011 competitive EPA wetland program grant.
$49,915 is requested to support writing a wetland program
plan & assessment/monitoring strategy, obtaining EPA
approval of Clean Water Act Sec. 401treatment similar to a
state, supporting administrative procedures to revise CTC 49 Hydraulic code, developing and presenting wetlands
training.
Allocate $3,000.00 for the Inchelium Elders Dinner with
funds coming out of the Wells Dam 1/3 Elder and Youth
Account. This will be an annual event and will be included
in Tribes Gathering Budget yearly. The Chairman or
Special Session May 10, 2010
11 FOR (VS, JW, HM, JJ, SA, CA, GJ, MF, AJ,
BN, MM)
0 AGAINST
0 ABSTAINED
*Rationale: Grant Application is DUE by April
30, 2010. CBC approval is required to submit
application to EPA by due date.
10 FOR (HM, SA, VS, JJ, JW, MF, MM, BN, JS,
EW)
1 AGAINST (CA)
0 ABSTAINED
*Rationale: Timelines
10 FOR (SA, JS, HM, VS, JW, JJ, MF, AJ, MM,
BN)
1 AGAINST (CA)
0 ABSTAINED
*Rationale: Timelines payment due by 4-20-10
10 FOR (EW, JS, MF, JW, BN, AJ, GJ, CA, SC,
JJ)
0 AGAINST
0 ABSTAINED
*Rationale: Time lines-construction scheduled to
start May 3, 2010. To meet the 2010 Omak
Stampede event deadline to have facility
constructed, it is emergent to process this
recommendation through the 10 signature process
so that construction can start as slated on May 5,
2010 to meet the 2010 Omak Stampede event
deadline.
10 FOR (EW, JS, BN, AJ, HM, GJ, SC, MF, VS,
SA)
1 AGAINST (CA)
0 ABSTAINED
*Rationale: Timelines for projects completion by
9-20-10.
10 FOR (JS, AJ, GJ, EW, MF, JW, CA, SA)
0 AGAINST
0 ABSTAINED
10 FOR (HM, CA, SA, JJ, JW, EW, GJ, BN, JS,
SC)
0 AGAINST
Page 2
designee authorized to sign all pertinent documents.
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2010-301.com/m&b
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To approve the Colville Wenatchi Spring Chinook
Wenatchapam Fishery on Icicle Creek 2010 Fishing
Regulations. Fishing period: This fishery will commence on
May 11, 2010 and continue through the end of July 31, 2010.
Weekly fishing periods will initially begin on Tuesday at
6:00 AM and continue through 6:00 AM on Sunday. Weekly
fishing periods will be adjusted in-season based on salmon
availability.
To approve Biomass Removal contract to San Poil Logging
for skidding of material sub-merchantable material on 13
blocks totaling 605.8 acres and biomass removal of material
from 20 blocks in the amount of $238,758.00. Projects are
funded with federal fuels and ARRA monies, no tribal
dollars required. Chairman or designee is authorized to sign
all necessary or pertinent documents.
To approve the attached letter responding to the letter of
April 27, 2010 from Senator John Barrasso to tribal leaders
regarding suggested changes to the proposed settlement in
Cobell v. Salazar. This authorizes the chairman or designee
to sign all related documents.
WHEREAS, the DOJ has a funding opportunity available
through CTAS; and the total estimated CCT grant is $4.7
million for the following Purpose Areas: COPS, Alcohol &
Substance Abuse Prevention, Tribal Court Assistance,
Corrections Facilities, Sexual Assault Services Program,
Elder Outreach, and Tribal Youth Program; NOW
THEREFORE BE IT RESOLVED that the Colville
Confederated Tribes certifies that it will provide the required
10% match for the Corrections Facilities and Tribal Youth
Purpose Areas, both of which may be in-kind, in support of
this application for the project periods covering 9/30/2010 to
9/30-2013 and BE IT FURTHER RESOLVED it is the
recommendation of the Management and Budget, Law and
Justice and Community Development Committees to
approve the submission of an application for CTAS. The
chair or his designee is authorized to sign all pertinent
documents.
WHEREAS, the HIS has funding opportunity available
through the RPMS to provide grant dollars up to $100,000
over a 12 month period assist the Tribes with developing
interfaces to electronically report data to the IHS. Therefore,
it is the recommendation of the CDC and M&B Committee
to direct the Executive Director to modify the contract with
Sparrowhawk Consulting Company for preparation of the
RPMS application for $5,845 plus related travel fees with
funds coming from the 1/3 Wells Dam Economic
Development Funds, and modify the budget accordingly.
The Chair or designee is authorized to sign all pertinent
documents.
That in order to relieve the IRS taxation burden from the
elders, we remove them from Contract status employees to
that of regular employees of the Colville Confederated
Special Session May 10, 2010
0 ABSTAINED
*Rationale: Time frames for planning.
8 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM)
0 AGAINST
0 ABSTAINED
6 FOR (EW, JJ, GJ, BN, SA, HM)
2 AGAINST (SC, CA)
0 ABSTAINED
9 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM, JW)
0 AGAINST
0 ABSTAINED
8 FOR (EW, JJ, GJ, GN , CA, SA, HM, JW)
1 AGAINST (SC)
0 ABSTAINED
9 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM, JW)
0 AGAINST
0 ABSTAINED
9 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM, JW)
0 AGAINST
Page 3
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Tribes. Their contract income is already being reported by
the Colville Tribes to IRS per contract stipulations.
However, we’ve found that many elders do not understand,
completely, their responsibilities as self-employed
contractors. And we, as administrators, can assist the elders
with their taxation issues more adequately when they’re
classified as staff employees.
To approve to strike “except for CTEC, which shall be
subject to TERO contract fees only” under the Law & Order
Code, Title 10, Chapter 10-1-26(a) second paragraph. It is
also recommended to approve to strike “except CTEC which
shall be subject to contract fees only” of the Law & Order
Code, Title 10, Chapter 10-1-26, subsection (c) (1).
To approve the attached Declaration of Unity and
Memorandum of Understanding between the Colville Tribes
and the ONA and its constituent bands and authorize the
Chairman of the Colville Business Council or designee to
sign said Declaration and MOU on behalf of the Colville
Tribes.
The Rules/Tribal Government Committee hereby finds that
no violation of the Council Code of Professional
Responsibility occurred and dismissing the charges against
Juanita Warren.
The Rules/Tribal Government Committee hereby finds that
no violation of the Council Code of Professional
Responsibility occurred and dismissing the charges against
Jeanne Jerred.
The Rules/Tribal Government Committee hereby finds that
no violation of the Council Code of Professional
Responsibility occurred and dismissing the charges against
Virgil Seymour.
To waive the TERO fees for all subcontracts awarded for the
construction of the new K-12 school building project for the
Grand Coulee Dam School District, pursuant to the authority
of the Colville Business Council to waive such fees as
provided for in Colville Tribal Code 10-1-26 (c) (3) (C), as
the assessment of the fees on this project would create an
economic hardship for the project as a whole and reduce the
amount of dollars available for the direct enhancement of
educational opportunities for all students in the Grand
Coulee Dam School District.
To authorize John Arum of Zointz, Chestnut, Vernel &
Berley, the Colville Tribes’ outside counsel on this matter, to
sign the attached pleading, asking the Federal Energy
Regulatory Commission to approve the Wells Aquatic
Settlement Agreement, already approved and signed by the
Colville Tribes.
To rescind resolution 2009-198 in its entirety. It is further
recommended to allow Colville Tribal Member vendors to
set up their stands at the Trading Post all year. All other
vendors will be allowed to set up their stands at an alternate
location near or at the Nespelem Community Center. All
vendors will be responsible for their own sanitation facilities
and solid waste disposal. There will be no disposal or
Special Session May 10, 2010
0 ABSTAINED
8 FOR (EW, SC, GJ, BN, CA, SA, HM, JW)
1 AGAINST (JJ)
0 ABSTAINED
8 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM)
0 AGAINST
0 ABSTAINED
7 FOR (EW, SC, JJ, GJ, BN, SA, HM)
1 AGAINST (CA)
0 ABSTAINED
6 FOR (EW, SC, GJ, BN, SA, HM)
1 AGAINST (CA)
1 ABSTAINED (JJ)
7 FOR (EW, SC, JJ, GJ, BN, SA, HM)
1 AGAINST (CA)
0 ABSTAINED
8 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM)
0 AGAINST
0 ABSTAINED
9 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM, JW)
0 AGAINST
0 ABSTAINED
9 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM, JW)
0 AGAINST
0 ABSTAINED
Page 4
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sanitation facilities available at the Trading Post Store. All
vendors will be assessed a fee of $50.00 and apply through
the Planning Department for their permits which will be
good for one year.
To approve the Colville Tribal Sort Yard and to modify the
budget in the amount of $533,032 to come from the Wells
Dam Economic Development account. This will fund the
Sort Yard for the remainder of the 2010 fiscal year, ending
September 30, 2010. This sort yard will be managed by
CTEC on behalf of the Colville Tribe. A separate tribal
account will be established to administer the funds for the
sort yard.
Support the $450.00 donation request to the Inchelium
School District for their annual Community Environmental
Clean-Up day on May 7, 2010 funds to derived from the
annual donations account and that this be budgeted as an
annual event for the Inchelium district.
To declare that an emergency exists, for the safety and
welfare of the members of the Colville Reservation and to
enact the amendments for Chapter 6-9, Animal Control and
Protection, as proposed. Chapter 6-9 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 approve the purchase of a 2010 Power Sweeper for
$43,528.00 from Rowand Machinery for the Roads Program;
All funds are federal monies from the approved 638 Roads
Maintenance Contract (CTP03T10165)
To approve the contract renewal with Pacific Energy
Systems, the consultant will perform the Mechanical
Engineering portion of the investment grade feasibility study
for a new woody biomass power plant at CIPV, Omak, WA.
The Contract will be paid for with funds from the Program’s
BIA Energy and DOE Block grants. Amount of contract
$80,000.00. Chairman or designee is authorized to sign all
related documents.
To direct the Office of the Reservation Attorney to file an
amicus letter in support of the Colorado River Indian Tribes’
Tribal Court before the 9th Circuit Court of Appeals in Water
Wheel v. LaRance.
To approve the attached revised Tobacco Code
Administration Policy, effective immediately, and to direct
the Tobacco Code Administrator to immediately notify all
tribally-licensed tobacco outlet owners of this revised policy
and send each of them two copies of the revised policy.
To approve the MOU for partnership with International
Biological Control of Eurasion Water milfoil in the Upper
Columbia River Coordinated Weed Management Area.
Authorizing Chairperson to sign all relevant documents after
reviewed by the ORA office.
To approve to declare a Key Tract for appraisal purpose for
the purchase of Caulette Williams Allotment, 151-H-88 from
Raymond Quintasket and Phillip Quintasket. The property is
described as follows: The Northeast quarter of the Northeast
Special Session May 10, 2010
8 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM)
1 AGAINST (JW)
0 ABSTAINED
8 FOR (EW, SC, JJ, GJ, BN, SA, HM, JW)
1 AGAINST (CA)
0 ABSTAINED
8 FOR (EW, SC, JJ, GJ, CA, SA, HM, JW)
1 AGAINST (BN)
0 ABSTAINED
8 FOR (EW, SC, JJ, GJ, BN, CA, SA, JW)
0 AGAINST
1 ABSTAINED (HM)
9 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM, JW)
0 AGAINST
0 ABSTAINED
9 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM, JW)
0 AGAINST
0 ABSTAINED
7 FOR (SC, GJ, BN, CA, SA, HM, JW)
0 AGAINST
0 ABSTAINED
*OUT OF ROOM (EW, JJ)
7 FOR (EW, JJ, GJ, BN, CA, SA, HM)
0 AGAINST
0 ABSTAINED
*OUT OF ROOM (SC)
7 FOR (EW, JJ, GJ, BN, CA, SA, HM)
0 AGAINST
0 ABSTAINED
Page 5
quarter of Section 16, Township 38 North, Range 37 East,
Williamette Meridian, Stevens County, Washington,
containing 40.00, more or less.
Funds to be disbursed out of Wells Dam Land Purchasing
Account.
Chairman or designee has authority to sign all pertinent
documents.
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2010-323.hhs/gov
To approve the Fish & Wildlife Organizational Chart
(attached), to the Colville Business Council. This
approval will rescind any prior resolutions of
organizational chart authorizations. This chart was
developed between the Fish & Wildlife Staff and the
TPM contractor who specializes in human resource
development. Therefore it is the recommendation of
the Natural Resource Committee to approve the new
Organizational Chart as presented. Chair or designee
authorized to sign all pertinent documents.
To approve Fish & Wildlife Department's request to use
TPM's Preliminary Wage Survey as a tool to adjust Fish
& Wildlife Department wages to market rate. The
Committees recommend authorizing Fish & Wildlife
Department to develop a supplemental salary schedule
specific to the Department in consultation with TPM
and CCT's Personnel Department based on a final
Wage Survey to be developed by TPM. Finally, the
Committees authorize Fish & Wildlife to adjust
Department staff compensation levels according to the
supplemental salary schedule. No Tribal dollars
attached.
To approve Fish & Wildlife Department's request to
authorize F&W staff to draft letters to be signed by the
Chair inviting up to five individuals each from the
UCUT Tribes and ONA to participate in CCT F&W's
selective harvest program throughout the 2010 salmon
fishing season and to be gifted fish for distribution to
their Tribe's membership. Further, the Natural
Resources Committee authorizes or his designee to sign
and deliver such letters. Finally, the Natural Resources
Committee recommends authorizing Fish & Wildlife
Director to extend such invitations throughout the 2010
salmon fishing season based on run size and timing,
ensuring that sufficient numbers of salmon are reserved
for the CCT Tribal membership and ensuring a fair and
aquitable apportionment of fish among the UCUT
Tribes and ONA. No Tribal dollars attached.
To authorize the submission the grant application for
$3.5 million in 2009 Recovery Act funds that the Indian
Health Services (IHS) is awarding to develop interfaces
that will enable Tribes and Tribal Organizations
currently not running the Agency's Resource and
Special Session May 10, 2010
*OUT OF ROOM (SC)
5 FOR (EW, JJ, BN, SA, HM)
2 AGAINST (SC, CA)
1 ABSTAINED (GJ)
5 FOR (EW, JJ, BN, SA, HM)
3 AGAINST (SC, GJ, CA)
0 ABSTAINED
7 FOR (EW, SC, JJ, GJ, BN, SA, HM)
0 AGAINST
1 ABSTAINED (CA)
9 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM, JW)
0 AGAINST
0 ABSTAINED
Page 6
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Patient Management System (RPMS). The Chairman
or designee is authorized to sign all pertinent
documents.
To approve the attached sub-contract with Battelle
Memorial Institute in the amount of $272,036 and
authorize the chairman and/or his designee to sign
contract and all or any related documents. Funded by
BPA, no Tribal dollars.
To purchase the LeBret fee property, parcel no.
22916340001000 legally described as: the Southeast
quarter of the Southwest quarter, Section 16, Township
29 North, Range 32 E.W.M., situated in Ferry County,
Washington containing 36.26 acres, more or less. The
Colville Tribe is authorizing the purchase of the
property in the amount of $43,500.00 with a closing
date of on or before June 11, 2010. Upon purchase,
property to be immediately transferred from fee to trust
status. Funds for purchase and associated closing costs
to be disbursed form the Land Purchase/Wells Dam 1/3
account. Contingent upon the availability of funds in
the Wells Dam Land Purchase account. Chairperson or
designee to sign all pertinent documents and legal
instruments.
To approve the attached proposed 2010-2011 Tribal
Members Hunting Regulation Changes and approve
attached Hunting regulations.
To pursue a timber stand improvement project in the
Sitdown Creek Watershed with the intent to utilize nontraditional small wood forest products on the open
market. The project encompasses approximately
14,409 acres of which 989 acres are scheduled for
treatment this entry (all tribal trust). The recommended
proposal emphasizes treatment of potential forest health
problems and vegetation manipulation through several
beetle proofing silvicultural prescriptions. This
proposal calls for 100% tractor and/or mechanized
logging systems. We estimate a cut of 52,839 tons to
be harvested which 68% is Lodge pole Pine, 26% is
Douglas fir/Western Larch and 6% Other species. Of
the total tonnage harvest, 74% will be Hew saw timber,
16% will be chip and 10% will be small saw timber.
To approve the attached organizational chart for
Environmental Trust.
To approve the funding of $188,353.00 for FY 20102011 for the law enforcement activities on Lake Rufus
Woods for fisheries management, per agreement
between WDFW and Colville Tribes executed
December 2007. No Tribal dollars are required.
Special Session May 10, 2010
6 FOR (EW, JJ, GJ, BN, SA, HM)
1 AGAINST (CA)
1 ABSTAINED (SC)
6 FOR (EW, SC, JJ, GJ, BN, SA, HM)
1 AGAINST (SC)
1 ABSTAINED (CA)
6 FOR (EW, SC, GJ, BN, SA, HM)
2 AGAINST (JJ, CA)
0 ABSTAINED
8 FOR (EW, SC, JJ, GJ, BN, CA, SA, HM)
0 AGAINST
0 ABSTAINED
5 FOR (EW, JJ, BN, SA, HM)
2 AGAINST (SC, CA)
1 ABSTAINED (GJ)
5 FOR (EW, JJ, GJ, BN, SA)
3 AGAINST (HM, SC, CA)
0 ABSTAINED
Page 7
2010-330.nat
Indirect $32,850.00. The Chairman or designee is
authorized to sign all documents pertaining to this
subject.
To approve a 5.00 acre Home Site Lease No. 09-27 to
Aaron Carden, Tribal Member, for Tribal Tract No.
101-T5508 & 101-T5509 (por) described as:
A 2.50 acre portion of 101-T5508 within the south half
of the southeast quarter of section 5, township 33 north,
range 27 east, Williamette Meridian, Okanogan County,
Washington, containing 80.00 acres, more or less.
A 2.50 acre portion of 101-T5509 within the north half
of the northeast quarter of Section 8, Township 33
North, Range 27 East, Williamette Meridian, Okanogan
County, Washington, containing 120.00 acres, more or
less.
Special Session May 10, 2010
7 FOR (EW, SC, JJ, GJ, BN, SA, HM)
1 AGAINST (CA)
0 ABSTAINED
Page 8
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