COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Resolution Index

Condensed by, Ciciley M. Yellowwolf, CBC Recording Secretary

SPECIAL SESSION on, June 26, 2008

Council Members Present:

Ted Bessette, Karen Condon (arr. 10:40 a.m.), Michael Finley, Jeanne Jerred,

Andrew Joseph Jr., Gene Joseph, Susie Mason, Cherie Moomaw, Doug Seymour,

Virgil Seymour, John Stensgar

Delegation/Absent:

Deb Louie, Mike Marchand, Brian Nissen

Resolution No.

Condensed Recommendation Information

Colville Business Council Vote Tally

10 Signature

2008-471.l&j

Approve ORA investigation of ICWA matter

10 FOR(CM, AJ, TB, KC, SM, JJ, VS, BN, MM,

JJ) 0 AGAINST, 0 ABSTAIN

2008-472.nat

Amend Emergency Resolution 2008-394 to reflect the

correct dollar of $220,000.00

8 FOR, 0 AGAINST, 0 ABSTAIN

10-Signature

2008-473.hhs/m&b

Approve Marcella R. Palmer’s Provider Contract and

corresponding Open Purchase Order amount of $350,000.00.

Mental Health counseling services will be provided to

American Indians/Alaska Natives and their clinical family

members in need of said services pursuant to the contract.

No Tribal Dollars Involved.

10 FOR (AJ, CM, TB, SM, KC, JJ, DS, MF, DL,

MM) 0 AGAINST, 0 ABSTAIN

10-Signature

2008-474.nat

Approve the request from Parks and Recreation to submit a

COPS grant application to the Department of Justice, Office

of Community Oriented Policing Services, Tribal Resource

TRGP in the amount of $199,982.00. The purpose of the

grant is to purchase2 4x4 ATV’s; 2 4x4 vehicles with

accessories; patrol boat accessories; cell phone boosters;

siren packages for vehicles; 5 new winches; 10 light bars and

duty gear. The CBC chairman or designee to sign all

pertinent documents. Requesting emergency 10 signatures.

10 FOR (DS,MF,DL, JJ, KC, MM, GJ, AJ, TB,

BN) 0 AGAINST, 0 ABSTAIN

10-Signature

2008-475.hhs

The Indian Nation Program Agreement between the Colville

Tribes and DSHS for Child Placing Agency Services is

renewable yearly. This is a Fee for Service Contract for

July1, 2008 to June 30, 2009. This Contract involves two of

our state budgets. One covers payment to the Foster Homes

for the care of our tribal children, the other is used to

purchase clothing, school supplies, and other needs of the

tribal child while a client of the program. No Tribal dollars.

Chairman or designee authorized to sign documents.

10 FOR(AJ, TB, KC, JJ, DL, DS, MF, MM, GJ,

BN) 0 AGAINST, 0 ABSTAIN

10-Signature

2008-476.l&j

Approve the termination of the Attorney Contract for

Colville Tribal Prosecutor pursuant to its “Termination

Without Cause” provision and to direct the ORA to

negotiate the specifics of the Prosecutor’s departure with the

Tribal Prosecutor as soon as possible.

10-Siganture

2008-477.l&j

Appoint Jonnie Bray as Acting Lead Prosecutor in the Tribal

Prosecutor in the Tribal Prosecutor’s Office and to direct the

ORA to negotiate a contract for these services, such contract

June 26, 2008

to be in effect immediately upon the departure of the current

Lead Prosecutor in the Office. The contract shall not take

effect until approved by resolution of the Colville Business

Council.

10-Signature

2008-478.nat

To rescind Resolution No. 2008-470 dated June 9, 2008 in

its entirety.

10 FOR (JJ ,KC, SM, VS, BN, MM, AJ, JS, DS,

GJ) 0 AGAINST, 0 ABSTAIN

10-Signature

2008-479.nat

It is the recommendation to approve Home Site Lease# 0849 on Tribal Tract 101T4211, To Pattie Marchand (Tribal

Member); Term 25 Years + 25 Years; Rental Rate: $ 250.00

Per Annum Subject to the Fair Market Rental to be

established by appraisal. Application has been routed

through 3P with no objections. All concerns of 3P

disciplines will be stipulated as part of the lease.

10 FOR (TB, AJ, MM, GJ, MF, JS, VS, BN, SM,

KC) 0 AGAINST 0 ABSTAIN

10-Signature

2008-480.e&e

It is the recommendation to instate Walter F. Arnold, Keller

District, to the TERO Commission for a four year term, 2008

Through 2012.

10 FOR (KC, DL, GJ, MM, SM, DS, BN, VS, TB,

AJ) 0 AGAINST 0 ABSTAIN

10-Signature

2008-481.e&e

It is the recommendation to begin the advertisement of the

Omak District TERO Commissioner. This will be a three

year term.

10 FOR (KC, DL, GJ, TB, MM, SM, DS, BN, VS,

AJ) 0 AGAINST 0 ABSTAIN

10-Signature

2008-482.nat

It is the recommendation to approve to rescind Resolution

2001-267, Donna Zacherle, Tribal Member, for Home Site

Lease No. 01-28 on the following described tract: A portion

of Tribal Tract No. 101-T4211 located within the

NW1/4NE1/4NE1/4, Section 20, Township 34 North, Range

27 East Willamette Meridian, Okanogan County,

Washington, containing 5.0 acres, more or less. This Home

Site Lease was withdrawn from Realty’s active lease files in

December 2005.

It is the recommendation to authorize the Tribal Energy

Program to submit a BIA Tribal Energy Development

Capacity grant application for FY2008 funding cycle. The

Energy Program seeks funding to provide further assistance

with the development with the Omak Woody Biomass

Power Project. The Chairman or designee is authorized to

sign all application documents.

It is the recommendation whereas the donations committee

has currently $ 21,000 unallocated funds remaining in the

accound, and whereas the CCT Tribe is experiencing

significant shortfalls in funds to help communities fund local

celebrations, it is the recommendation of this committee to

allocate $ 10, 000 of the $ 21, 000 to be Tribal Gatherings

funds and to be used as designated by Tribal Council

between now and September 30, 2008.

It is the recommendation to approve FY2008 Budget

Modification for the Inchelium Ferry Program in the amount

of $ 61, 400: funds to come from the Economic

Development fund, “To amend the budget accordingly.”

It is the recommendation to designate the following areas on

the Colville Indian Reservation for controlled firework

displays: Nespelem Area: Buffalo Lake @ Reynolds Resort;

Owhi Lake @ Gua Point and the first campground on the

East side of the lake, and Agency ball field with 50 yd.

barrier between History/Archaeology. Omak Area: Omak

10 FOR (CM, TB, JS, VS, MF, KC, MM, BN, JJ,

SM) 0 AGAINST 0 ABSTAIN

10-Signature

2008-483.cdc

2008-484.cdc/m&b

2008-485cdc/m&b

2008-486.cdc

June 26, 2008

10 FOR (VS, GJ, CM, AJ, MF, DS, TB, JS, KC) 0

AGAINST 0 ABSTAIN

6 FOR (VS, SM, MF) 4 AGAINST (TB, CM, GJ,

JJ) 0 ABSTAIN

9 FOR CM, TB, SM, MF) 1 AGAINST (GJ)

0 ABSTAIN

9 FOR (AJ, MF) 1 AGAINST (JJ) 0 ABSTAIN

2008-487.cdc

2008-488.cul

2008-489.cul

2008-490.cul

2008-491.cul

Lake @ Baines Beach and Nicholson Beach. Keller Area:

Ferry Landing, Keller Park, and Head of the Lake (San Poil

Bay Park.) Inchelium Area: Round Lake, Inchelium Baseball

Fields, and Twin Lakes. These areas will have MTFC

pumper trucks on standby for fire protection throughout the

4th of July.

It is the recommendation to concur with CIHA Board of

commissioner Resolution 2008-14 approved June 11, 2008

for appointment of Ricard Tupling representing CIHA Board

of commissioner Omak District Position. Appointment shall

be to fill the remaining term effective May 27, 2008 to

March 1, 2011, position recently vacated by Kate Sanchez.

This resolution supersedes all prior resolutions pertaining to

Omak District Commissioner.

It is the recommendation to appoint Lucinda

Seymour/Archives & Records as Coordinator of the CCT

Royalty Committee. It is also the recommendation of the

Culture Committee to appoint Pamela C. NanamkinSpencer, Trudi Tonasket, L. Marlene Poulson, and Barbara

Covington-Garry as the CCT Royalty Committee. This

recommendation will supersede all other resolutions

pertaining to the CCT Royalty Committee.

It is the recommendation to approve Research Permit

Application 200-06 Daniel Audet. “Upper Columbia River

RI/FS Recreation Survey.” Mr. Audet will adhere to all the

comments and recommendations on the permit. Mr. Audet

will adhere to the Research Permit Ordinance. The Colville

Tribes will retain copy right to all materials produced during

the project. Information gathered will not be used for any

other purpose unless written approval has been obtained in

writing. Mr. Audet is responsible for providing a copy of this

study to the History/Archaeology Department, and

Archives/Records Center. Funding will be provided by the

Teck Cominco Settlement, which is TBD, no tribal dollars

needed. Lastly, Mr. Audet has until January 31, 2010 to

complete his project. Failure to comply with the Research

Ordinance and deadline will result in possible legal action in

Colville Tribal Court.

It is the recommendation to amend verbage in Resolution

2008-401 regarding Research Permit Application 2008-08 to

include necessary legal verbage and to read as; To approve

Research Permit Application 2008-08, Brendan Dowling of

Wa. Dept. of Ecology, project entitled “2008 UCR Sediment

Sampling: Benthic Colonization and Bioassy.” Mr. Dowling

will adhere to the Research Permit Ordinance and all

recommendations. The Colville Tribes will retain copy right

to all materials during this project. Mr. Dowling is required

to provide a final copy of his project to the Archives &

Records Center, and Environmental Trust Department. Mr.

Dowling has until October 31, 2008 to complete his study.

Failure to comply with the Research Ordinance, deadline,

and recommendations will result in possible legal action in

Colville Tribal Court.

It is the recommendation to approve Research Permit

Application 2008-09, Lillian Herger of the Environmental

June 26, 2008

10 FOR (DL, BN, SM, GJ) 0 AGAINST 0

ABSTAIN

10 FOR (AJ, BN, MM, JJ) 0 AGAINST 0

ABSTAIN

10 FOR (AJ, BN, DS, JJ) 0 AGAINST 0

ABSTAIN

10 FOR (AJ, BN, DS, MM, JJ) 0 AGAINST 0

ABSTAIN

10 FOR (AJ, BN, DS, JJ, MM) 0 AGAINST 0

ABSTAIN

2008-492.cul

2008-493.l&j/cul

2008-494.gov

2008-495.gov

Protection Agency, project entitled, “Mid-Columbia Toxics

Study.” Ms. Herger will adhere to all the comments and

recommendations on the permit. Ms. Herger will adhere to

the Research Permit Ordinance. The Colville Tribes will

retain copy right to all materials produced during this

project. Information gathered will not be used for any other

purpose unless written approval has been obtained in

writing. Ms. Herger is responsible for providing a copy of

the completed study to the Archives & Records Center,

Environmental Trust Department, and the Fish & Wildlife

Department. Lastly, Ms. Herger has until July 31, 2008 to

complete her project. Failure to comply with the Research

Permit Ordinance and deadline will result in possible legal

action in Colville Tribal Court.

It is the recommendation to approve Research Permit

Application 2008-11, Dr. John Shaw, of U of Alberta-Dept.

of Civil & Environmental Engineering, project entitled,

“Glacial Flood Sediments in the San Poil Arm.” Dr. Shaw

will adhere to all the comments and recommendations on the

permit. Dr. Shaw will adhere to the Research Permit

Ordinance. The Colville Tribes will retain copy right to all

material produced during this project. Information gathered

will not be used for any other purpose unless written

approval has been obtained in writing. Dr. Shaw is

responsible for providing a copy of his study/findings to the

History/Archaeology Department, and the Archives &

Records Center. Lastly, Mr. Shaw has until October 31, 2009

to complete his project. Failure to comply with the Research

Ordinance and deadline will result in possible legal action in

Colville Tribal Court.

It is the recommendation to approve Research Permit

Application to approve Research Permit Application 200812, “Native American Juvenile Justice,” Ron Wiley. Mr.

Wiley will examine and review the juvenile justice system,

goals, objectives, current rehabilitation practices versus

detention policies and procedures. Mr. Wiley is required to

adhere to the Research Ordinance and to provide copies of

the draft to his study prior to its completion for review by

Adult Probation, Archives & Records, Detention Facility,

Law Enforcement, ORA, Behavior Health, and Legal

Services. Upon the completion of the final study Mr. Wiley

will provide each aforementioned program a copy. Lastly,

Mr. Wiley has until July 1, 2009 to complete his study.

Failue to comply with the Research Ordinance may result in

action in Colville Tribal Court.

It is the recommendation to correct the numbers of the

attached resolution by deleting the numbers erroneously

given and to assign new numbers in sequence beginning

after the last number that has been correctly assigned to a

resolution as of the approval of this recommendation.

It is the recommendation to authorize the Enrollment

department to draft all resolutions concerning enrollment

cases. The Enrollment department shall utilize the resolution

numbers assigned by the recording secretary. The

Enrollment Department shall provide a finalized copy of the

June 26, 2008

10 FOR (AJ, BN, JS, VS, SM, GJ, KC, JJ)

0 AGAINST 0 ABSTAIN

9 FOR (AJ, BN, JS, VS, SM, MF, KC, JJ)

0 AGAINST 1 ABSTAIN (GJ)

10 FOR (JJ, KC, SM, MM, DS) 0 AGAINST 0

ABSTAIN

10 FOR (JJ, MM, SM, KC) 0 AGAINST 0

ABSTAIN

2008-496.gov

2008-497.hum/cul

2008-498.l&j/m&b

2008-499.l&j

2008-500.l&j

2008-501.l&j

2008-502.l&j

2008-503.l&j

2008-504.l&j

2008-505.l&j/gov

2008-506.l&j

resolution to the recording secretary.

It is the recommendation to authorize the Enrollment

Director to release individual’s membership status to other

federally recognized tribal governments, the federal

government, and state and local governments for the

purposes of criminal prosecutions.

It is the recommendation for the approval for 2009 Foster

Grandparent Program grant (Account 6700) in the amount of

$ 121,247.00 and matching funds (account 371) to be taken

from the Tribal General Fund in the amount of $ 47,470.00

to go towards the Colville Tribal Foster Grandparent

program. Approval for the Colville Tribal Chairperson to

sign off on the Foster Grandparent Grant agreeing to the

terms of the Grant.

It is the recommendation to approve the recommendation to

set a sliding scale for departing gifts for Colville Business

Council members not re-elected. The sliding scale limit for

gifts per Council person is based on consecutive length of

terms; for the first term, the limit per gift is $ 250.00, which

will increase by $ 250.00 per consecutive term; the

maximum amount for a gift per Council person no re-elected

who has been in office longer than eight terms is $ 2,000.00.

It is the recommendation to direct the ORA to move to

transfer jurisdiction of Washington Superior Court Case No.

07-7-00173-8 to the Colville Tribal Court.

It is the recommendation to approve amendment to Tribal

Police Policies to authorize hiring prior to Police Academy

completion, consistent with attached provisions and 25 CFR

12.36.

It is the recommendation to approve the emergency-hire

appointment of Sheilah Cleveland as Acting Associate Judge

until the vacant Associate Judge position is filled and to

direct the ORA to negotiate an employment agreement with

her and to present the Agreement to the CBC for its

consideration.

It is the recommendation to authorize the Office of the

Reservation Attorney to seek amicus status in support of the

plaintiff(s) in Aubertin v. Kooy’s Irrigation and Clearwater

Drilling, a Tribal Court case that involves issues of civil

adjudicatory authority and contract.

It is the recommendation to approve the megotiation of a

contract with Jill J. Smith as an ORA Reservation Attorney

and to direct ORA Managing Attorney to negotiate a

contract for employment with her and to bring the contract

for review and approval of the Colville Business Council.

It is the recommendation to direct the ORA to file on behalf

of the Colville Tribes as an Amicus in the appeal of a recent

Colville Tribal Court order regarding the court’s jurisdiction

over a Tribal Member living off the reservation, Case No.

CV-NC-2008-28187.

It is the recommendation of the joint committee to approve

the CBC Orientation Book for CBC Council members. This

is the living document and will be reviewed and amended as

needed.

It is the recommendation to approve the attached Agreement

June 26, 2008

10 FOR (KC, SM, MM, DS, JJ) 0 AGAINST 0

ABSTAIN

7 (AJ, BN, JS, VS, SM, GJ, MF) FOR 2

AGAINST (GJ, JJ) 0 ABSTAIN

7 FOR (MF, VS, JS, KC, JJ) 2 AGAINST

(GJ,TB) 0 ABSTAIN

7 FOR (CM, AJ, MF, JS, VS, KC, JJ) 1

AGAINST (GJ) 1 ABSTAIN (TB)

8 FOR (CM, AJ, MF, JS, VS, KC) 1 AGAINST

(JJ) 0 ABSTAIN

8 FOR (AJ, JS, VS, GJ, MF, KC, JJ) 1 AGAINST

(JS) 0 ABSTAIN

9 FOR (AJ, JS, GJ, MF, KC, JJ) 0 AGAINST 0

ABSTAIN

9 FOR (JS, VS, GJ, MF, KC, JJ) 0 AGAINST 0

ABSTAIN

9 FOR (AJ, JS, VS, GJ, MF, KC, JJ) 0 AGAINST 0

ABSTAIN

8 FOR (MF, GJ, KC, JJ) 0 AGAINST 1 ABSTAIN

(AJ)

8 FOR 1 AGAINST 0 ABSTAIN

2008-507.m&b

2008-508.nat

2008-509.nat

2009-510.nat

2008-511.nat

2008-512.nat

2008-513.nat

2008-514.nat

2008-515.nat

with Jonnie Bray as Acting Lead Prosecutor in the

Prosecuting Attorney’s Office and to authorize the Chairman

or designee to sign. No new Tribal dollars required.

It is the recommendation to enact the amendments for

Chapter 6-8, Tobacco as proposed. Chapter 6-8 has been

processed utilizing CBC Procedural Rule 3 (b), (e), (f), and

(g) is in the final stage. Once approved, a copy shall be

forwarded to the Code Reviser for certification and

distribution.

It is the recommendation to transfer the following property

from Colville Tribal Credit Corporation to the Confederated

Tribes of the Colville Reservation: Shawn Carden: Tract #

101-5658; TID # 748, Lot 7, Block 129, Plat of the townsite

of Omak, Colville Indian Reservation, as per plat thereof

recorded in Book D of Plats, pages 31 and 32, records of the

Auditor, Okanogan County, Washington, Section 36,

Township 34 North, Range 26 E.W.M., containing 0.16

acres, more or less. Valued at $ 40,000.

It is the recommendation to approve the Tribes’ EPA Clean

Air Act of 105 grant submittal for $ 96, 554 for fiscal year

2009. No Tribal funds are required and matching in-kind

services are provided by the Environmental Trust BIA TPA

account # 1881. Chairman or designee is authorized to sign

documents related to this grant.

It is the recommendation to authorize the negotiation of a

contract with Dan Brudevold the Land & Property

Department Director and to be brought back to the Natural

Resource Committee for final approval.

It is the recommendation to appoint Albert Andrews, Milton

Davis, and the Office of the Reservation Attorneys to serve

as representatives on the Steering Committee under the

Memorandum of Agreement on the planning and

management of the Marr Ranch heritage site on a temporary

basis pending further input from Chief Joseph Band

members of the Colville Confederated Tribes.

It is the recommendation to authorize the transfer of the

Molnar Property in British Columbia from CTEC to the

Arrow Lakes Aboriginal Society for $ 1 and other

consideration.

It is the recommendation to approve the attached FY2008

Sub-Contract with Washington Department of Fish &

Wildlife in the amount of $ 30,900.00 to perform Genetic

Analysis of Kokanee and to authorize the chairman and/or

his designee to sign any related documents to this contract.

Funded by Federal Dollars, No Tribal Dollars attached.

It is the recommendation to approve the attached FY2008

contract with Mobley Engineering in the amount of

$ 190,190.00 and to authorize the chairman and/or his

designee to sign any related documents to this contract.

Funded by Washington State (CRWMP Resident Fish

Enhancement) Dollars, No Tribal Dollars attached.

It is the recommendation to amend the Wildlife Division part

of Resolution 2008-129 to include the new changes as

presented on the flow chart. No Tribal Dollars attached,

Federal Funds Only.

June 26, 2008

9 FOR (BN, MM, DL, CM, AJ, JS, SM, MF, KC)

0 AGAINST 0 ABSTAIN

8 FOR (DS, BN, GJ, KC) 0 AGAINST 1 ABSTAIN

(JJ)

8 FOR (DS, GJ, VS, BN) 0 AGAINST 1 ABSTAIN

(JJ)

8 FOR (DS, TB, BN, VS, GJ, KC, JJ) 2 AGAINST

(KC, GJ) 0 ABSTAIN

10 FOR (DS, TB, BN, VS, GJ, KC, JJ) 0 AGAINST

0 ABSTAIN

8 FOR (DS, TB, BN, VS, KC, JJ) 0 AGAINST

1 ABSTAIN (JS)

9 FOR (DS, KC, GJ, VS, BN, TB) 0 AGAINST 1

ABSTAIN (AJ)

10 FOR (DS, JJ, KC, GJ, VS) 0 AGAINST 0

ABSTAIN

10 FOR (DS, TB, VS, GJ, KC, JJ) 0 AGAINST 0

ABSTAIN

2008-516.nat

2008-517.nat

It is the recommendation to approve the attached FY2008

Pre-award letter for the 312708 – Evaluation of Live Capture

Gear/Selective Harvest Project in the amount of $ 118,

138.00 for the period of June 1, 2008 to July 31, 2008.

Funded by Federal Dollars, No Tribal Dollars attached.

Authorize chair or designee to sign all documents.

It is the recommendation to recommend the authorization of

this contractor, J-PAK Excavating to proceed with described

excavator piling work in the Louie Creek HFR Project.

Funds are allocated with federal national Fire Plan

Hazardous Fuels Reduction Monies. The contract amount is

$ 103,500.00 (Bid amt $ 115/acre *900 acres.) The

completion date for all work under this contract is September

22, 2008. Authorize Chairman or designee to sign all

pertinent documents.

June 26, 2008

9 FOR (DS, TB, BN, VS, GJ, JJ, KC) 0 AGAINST 0

ABSTAIN

8 FOR (DS, JJ, KC, GJ, VS, TB) 0 AGAINST 0

ABSTAIN