COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Resolution Index

Condensed by, Ciciley M. Yellowwolf, CBC Recording Secretary

SPECIAL SESSION on June 05, 2008

Council Members Present:

Delegation/Absent:

Ted Bessette, Karen Condon, Michael Finley, Jeanne Jerred, Andy Joseph Jr.,

Mike Marchand, Susie Mason, Cherie Moomaw, Brian Nissen, Virgil Seymour.

Gene Joseph, Deb Louie, Doug Seymour, John Stensgar.

Resolution No.

Condensed Recommendation Information

Colville Business Council Vote Tally

2008-392.e&e/l&j

10 Signature

Allow the Office of the Reservation Attorney to appear as an

amicus in CV-PT-2006-26326 to file an amicus brief on the

issue of the statute of limitations on disestablishing paternity.

The State of Washington is asking the Court to apply a sixmonth limitations period under Washington State Law and

Tribal Law has more a general limitations.

To approve the annual contract between Bonneville Power

Administration and CCT Parks and Recreation in the amount

of $34,922.00 for Archaeological Resource Protection Act

(ARPA) patrolling on Lake Roosevelt for the Spring and Fall

drawdown. Patrolling to begin May 09, 2008. Authorize the

Chairman or designee to sign all pertinent documents. No

Tribal dollars.

To approve this Consulting Contract with GeoEngineers,

Inc. for work to be done though FY2008 is an amount not to

exceed $220,000.00. Work includes successive

environmental consulting services for investigations and

cleanup planning at eleven sites within the Colville

Reservation. No Tribal dollars are required. The Tribal

Chairman or his designee is authorized to sign all relevant

documents. Funded by EPA.

Approval of contract involving construction services

provided by successful bidder C&K General Contractors to

perform specified culvert replacement and associated work

on forest roads within the Manila Creek Fire area.

Authorizing the Tribal Chair to sign contract and all

documents pertaining to. No Tribal dollars are involved in

the contract.

Approve the Child Support Program as a Stand-Alone

program and the Interim Program Manger, Sam Ankney will

report to the Services Director effective immediately, and to

adjust the Organization Chart accordingly.

Approve the 2008 / 2009 Tribal Member Hunting Seasons.

10 for: KC, CM, BN, JS, SM, MF, JJ, DS, TB, VS

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Approve budget modification to increase Social Service

budget an additional $50,000.00 to cover the Emergency

Assistance Program. Funds to come from Colville Tribal

Credit dividend.

Approve the contract amount of $25,000.00 with Rensel

Associates Aquatic Sciences. Contractor will provide time

sensitive technical assistance to the Tribes and a draft

Biological Waste Guidance Document. Tribal Chairman or

designee is authorized to sign all relevant documents. No

June 5, 2008 ~ Special Session

10 for: DS, KC, MF, SM, JS, BN, JJ, VS, TB, CM

0 Against

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10 for: DS, CM, TB, BN, JS, SM, MF, KC, JJ, VS.

0 Against

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10 for: DS, TB, MM, BN, JJ, MF, CM, SM, JS,

KC

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11 for: KC, JS, BN, CM, SM, DS, DL, AJ, MF,

VS, MM

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10 for: DS, JS, JJ, BN, TB, CM, GJ, MM, KC, VS.

3 Against: MF, SM, AJ

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10 for: BN, KC, MF, SM, JS, GJ, AJ, DL, VS,

MM

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10 for: BN, KC, CM, AJ, JS, MF, MM, VS, JJ, TB

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Tribal dollars requested, EPA funded.

Approve the Colville Tribe Headstart grant application for

one time additional funding in the amount of $81,589.00

which consists of $65,271.00 of federal funds and

$16,318.00 of required Non-Federal Share of Exceptional

Education Fund Monies. This grant will assist with meeting

the mandated qualification requirements (Section 648(a) of

Headstart Act), and authorizes the Colville Business Council

Chairman or designee to sign all pertinent documents.

Approve the attached Research Permit to the Washington

Department of Ecology to collect approximately six

sediment samples from the bed of Lake Roosevelt/Columbia

River on the North Half to conduct research. Ecology will

work with History/Archaeology regarding their

requirements. No Tribal dollars are needed. Tribal Chairman

or designee is authorized to sign all relevant documents.

Colville Tribal Casinos (CTC) is developing the Omak

Casino on behalf of the Tribes. A condition of the

development permit issued by the CCT Planning Department

authorizing the development was for the CTC to prepare an

Environmental Assessment utilizing the Tribes’ 3P process.

CTC has completed the attached EA and requests the

Committee recommend approval of the EA by the Colville

Business Council.

Approve to declare a Key Tract for purchase of Wendell

George’s, Colville Allotment No. 101-567, 101-568-B, 101570 & 101-732. Upon which the Branch of Realty will

request the appraisal. Chairman or designee has authority to

sign all pertinent documents.

Approve the assignment of Billie D. Nicholson Tribal Land

Contract No. 101-T4551 (por) to his cousin, William E.

Nicholson. Chairman or designee has authority to sign all

pertinent documents.

To purchase the Colville Tract No. 101-5530 at the

appraised value of the $395,300.00. Funds to be disbursed

out of Land Purchasing Accounting. Chairman or designee

has authority to sign all pertinent documents.

The Land Operations Office and Range Program staff have

documented violations by Mr. Steve Palmer for trespass on

Range Unit 32 outside of permitted grazing season, as shown

on the attached documents. The Acting Land Operations

Officer recommends that Mr. Palmer pay a penalty fee of

$396.00 before his grazing permit application for 2008-2012

is accepted by the CBC and his grazing permit contract is

approved by the Superintendent of the Colville Agency. It is

the recommendation of this committee that the conditions

specified in the attached letter to Mr. Palmer dated May 23,

2008, be made a condition of acceptance of his grazing

permit application, and that upon payment of his penalty fee,

he be restored in Good Standing, and that bonding and

insurance requirements be waived.

Approve the request to the Fish & Wildlife to use up

$15,000.00 of Land Purchase funds to pay for hazard

material surveys on all Douglas PUD properties that were

acquired in CCT/Douglas PUD Settlement and authorize the

chairman and/or his designee to sign all related documents.

Approve the attached sub-contract with Summit

June 5, 2008 ~ Special Session

10 for: DS, SM, JS, VS, MF, JJ, GJ, CM, KC, BN

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2 Against: CM, JJ

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Environmental Consultants, LTD in the amount of

$34,674.00 and authorize the Chairman and/or his designee

to sign contract and all or any related documents. Funded by

BPA, no Tribal dollars.

Grant the Upper Columbia United Tribes (UCUT) the

authority and approval to act on behalf of the Confederated

Tribes of the Colville Reservation located within the State of

Washington and therefore allow the UCUT organization to

enter into 638 contracts for TFW/FFR related efforts.

Approve the Upper Columbia United Tribes (UCUT) the

authority and approval to act on behalf of the Confederated

Tribes of the Colville Reservation allowing UCUT to enter

into 638 contracts for the UCUT Office projects, programs,

work plans, statement of work, budgets and any other efforts

or proposals that are formally reviewed and approved by the

UCUT Board.

Approval for Wayne Boyd for grazing privileges on Range

Unit 82, for the (2008 to 2012 grazing season) 5-year

grazing permit. The livestock producer is currently in good

standing with the Range Program. Fair market rates for

Allotments are currently being appraised and will be

implemented in the 2009 season. Until a new rate can be

established, the Resolution 2008-226 rates will apply. The

permittee shall remain in compliance with the Best

Management Practices set forth by the Range Program for

the duration of this 5 year grazing permit; failure to adhere to

Best Management Practices may subject permit cancellation.

Approval for Naomi and Tyler Peasley for grazing privileges

on Range Unit 50, for the 2008 season. The livestock

producer is currently in good standing with the Range

Program. Fair market rates for Allotments are currently

being appraised and will be implemented in the 2009 season.

The resolution 2008-226 rates will apply. The permittee shall

remain in compliance with the Best Management Practices

set forth by the Range Program for the duration of this 2008year grazing permit; failure to adhere Best Management

Practices may subject permit cancellation.

0 Abstained

Approve the attached sub-contract with LGL Limited in

the amount of $99,085.00 and authorize the Chairman

and/or his designee to sign contract and all or any

related documents. Funded by BPA, no Tribal Dollars.

2% TERO fee will assessed.

Approve the attached 3127-Selective Harvest Fishing

Gear budget modification in the amount of $34,047.00

and authorize the Chairman and/or his designee to sign

contract and all or any related documents. Funded by

BPA, not Tribal Dollars.

Approve a homesite lease for Michael Fall Jr., Tribal

Member, on Tribal Tract No. 101-T5321. Term: 25+25Year, beginning January 01, 2008 ending December 31,

2057. Compensation: $250.00 per year, subject to Fair

Market Value.

Natural Resource Committee to approve the successful

bidder, Circle V Ranches, Non-Member, for a

Farm/Pasture Lease on Tribal Tract No. 101-T5567.

8 For

0 Against

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June 5, 2008 ~ Special Session

7 For

1 Against: MF

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1 Against: MF

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Compensation is $6,600.00 per year; Term is for a 5year period, beginning January 01, 2008 ending

December 31, 2012. Rental will be prorated for 2008

upon approval.

To select Alternative "B" for the Upper Gold Creek

Logging Unit. The project encompasses approximately

13,096 acres of which 3,424 acres are scheduled for

treatment this entry. The recommended alternative

emphasizes treatment of forest health problems and

vegetation manipulation. This alternative calls for 2%

cable yarding, 10% Forwarder, and 88% tractor

logging. With an estimated volume of 18,265 MBF to

be harvested of which 10% is Ponderosa Pine, 71% is

Douglas Fir/Western Larch and 19% of White Fir &

Other Species. Chairperson or designee has the

authority to sign all pertinent documents.

To approve Albert Seymour for grazing privileges on

Range Unit 83 for the (2008 to 2012 grazing seasons) 5

year grazing permit. The livestock producer is currently

in good standing with the Range Program. Fair market

rates for Allotments are currently being appraised and

will be implemented in the 2009 Season. Until a new

rate can be established, the Resolution 2008-226 rates

will apply. The permittee shall remain in compliance

with the Best Management Practices set forth by the

Range Program for the duration of this 5-year grazing

permit; failure to adhere to Best Management Practices

may subject permit cancellation.

To approve Mike Watts for grazing privileges on Range

Unit 16, for the (2008 to 2012 grazing seasons) 5 year

grazing permit. Mr. Watts will require to obtain a bond

for the amount of his grazing permit, to cover any cost

or damages that his animals may cause to the range

unit. Fair market rates for Allotments are currently

being appraised and will be implemented in the 2009

season. Until a new rate can be established, the

Resolution 2008-226 rates will apply. The permittee

shall remain in compliance with the Best Management

Practices set forth by the Range Program for the

duration of this 5 year grazing permit; failure to adhere

to Best Management Practices may subject permit

cancellation.

To approve the attached sub-contract with LGL Limited

in the amount of $74,505.00 to develop a conceptual

Master Plan for the San Poil River Kokanee Restoration

and authorize the Chairman and or his designee to sign

contract. Funded by BPA, no Tribal Dollars

To approve the attached final version of the MOA

between the Colville Tribes and various parties

regarding the management and use of the Marr Ranch

Property in Oregon, and authorizing the Chairman or

his designee to sign. No additional funds required

June 5, 2008 ~ Special Session

7 For

1 Against: AJ

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1 Abstained: AJ

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Approve the liability only contract (date change only)

extension between the Colville Tribes and Spotted Frog

Recycling to finish the car crushing project that they

started in 2007 under Tribal Resolution 2005-362. The

goal of this contract is to rid the reservation of junk

vehicles under the Tribes Junk Vehicle Code, Chapter

6-14; there is no money being exchanged between the

Colville Tribes and Spotted Frog Recycling. This

project is being done under the direction of the Colville

Business Council and the Solid Waste Advisory

Committee. A compliance has been approved by TERO

and Spotted Frog Recycling will be hiring 2-3 Tribal

Members (under TERO) to work labor type positions

and 6 Tribal Member owned long haul tractor/trailers

with drivers to haul to Vancouver, WA with their

company while they are on the Colville Indian

Reservation.

Approve a 5-month extension to the McGinnis Lake

residents' Limited Use Permits From: November 01,

2007 - April 20, 2008 To: November 01, 2007 September 30, 2008. All other terms and conditions of

the Limited Use Permits will remain the same.

Approve the attached MOU with Washington State

Dept. of Corrections and authorize the Chairman or his

designee to sign

Approve Modification No. 8, to add FY 2008 funds in

the amount of $21,095 to increase the funding of

$4,501,149.00 to $4,522,244.00, and extending the

performance period to September 30, 2009. The

Chairman or his designee is authorized to sign all

amendments to the contract.

Approve Amendment No. 21 to Contract No.

CTP03T10158 to extend Performance Period from

September 20, 2007 to December 31, 2007. The

Chairman or his designee is authorized to sign all

amendments to the contract.

Approve Modification No. 3 to Law Enforcement

Detention Program Contract No. CTP03T10164 to add

FY 2008 funds the contract, adding contract support

funding (final) and direct contract support funding from

$5,862,662.00 for a net increase of $30,854.00. The

Chairman or his designee is authorized to sign all

amendments to the Contract.

Approve Amendment No. 23 to Contract No.

CTP03T10158 to add funding for Fiscal Year 2008

(Fire Reimbursement) increasing funding from

$92,849,322.00 to $95,980,260.00 for a net increase of

$3,130,938.00. The Chairman or his designee is

authorized to sign all amendments to the contract.

Approve Modification No. 5 to Law Enforcement

Program Contract No. CTP03T10161 increasing

funding to add contract support (final) and direct

June 5, 2008 ~ Special Session

6 For

2 Against: TB, CM

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4 For: SM, TB, AJ, BN

4 Against: VS, MF, JJ, CM

0 Abstained

MM: Voted for, Motion Carries

6 For

2 Against

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contract support from $3,134,001.00 for a net increase

of $20,931.00. The Chairman or his designee is

authorized to sign all amendments to the contract.

Approve Amendment No. 19 to Contract No.

CTP03T10158 to increase the Agreement from

$87,470,335.00 to $88,280,219.00 adding funds for

various projects, adding contract support (final) and

direct contract support. The Chairman or his designee is

authorized to sign all amendments to the contract.

To adopt the 09/30/06 audit as presented in the

05/21/08 M&B Committee by external auditors Ribail,

Stauffer & Associates.

Approve the Centralized Medical Billing Office line

item Budget Modification for FY 2008 in the amount of

($10,433.00). This budget modification is for Title XIX

and does not include Tribal dollars.

Approve the Budget Modification to the EMS, Fire &

Rescue Account 296 to reflect decrease in Tribal

Budget for $468,722.00 due to federal carry-over from

I.H.S Account 6631 and corrections to fund 296.

Approve the Colville Tribal Gaming Commission's

request to move $2,717.00 to the salary account lines

from the professional fees and consultant fees accounts

to complete the process of the range change to range 17

for TGA/Surveillance. No additional dollars are being

requested.

Approve attached settlement agreement between the

Colville Confederated Tribes, CTEC, and the Okanogan

County Public Utility District for the distribution of tax

refunds owed to the CCT and CTEC from PUD, and

authorize the Chairman or his designee to sign.

Approve the Information Technology's revised System

Data to implement wireless broadband services to the

Community of Nespelem utilizing the Rural

Development, Utilities Program (RDUUP) CommunityOriented Connectivity Broadband Grant. No additional

Tribal dollars. Authorize the Chairman or Designee to

sign all pertinent documents

Approve the appointment of Charlie Moses Jr. for the

financial representative director position for Colville

Tribal Credit Corporation for a period of two years

from the date of appointment.

Approve the appointment of Ralph J. VanBrunt for the

tribal member representative director position for

Colville Tribal Credit Corporation for a period of two

years from date of appointment.

Approve the attached Amendment Six to the

Confederated Tribes of the Colville Reservation

Retirement Plan Document. Such amendments exclude

certain positions from receiving Retirement Benefits

due to funding source requirements. Chair or authorized

designee to sign all documents.

June 5, 2008 ~ Special Session

8 For

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6 For

2 Against: VS, JJ

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7 For

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1 Abstained: JJ

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Authorize the moving of the Tribal Energy Program's

approved FY2008 $451,074.00 budget funds from the

Wells Dam account to the General Fund.

Approve the job description for the IT Mountain Top

Project Mountain Top Communication Facilities

Manger with Range R-30 ($24.32). No additional tribal

dollars required.

Approve the job description for the IT Mountain Top

Project Communication's Specialist V with job range R27 ($21.01). No additional tribal dollars required.

Approve the Budget Modification to the EMS, Fire &

Rescue Account 296 to reflect decrease in Tribal

Budget for $468,722.00 due to federal carry-over from

I.H.S Account 6631 and corrections to fund 296.

Rescind the prior recommendation approval of Policies

and Procedures/Tobacco Code Administration and to

approve the attached policies and procedures/Tobacco

Code Administration.

Rescind Resolution #2007-450 appointing a group to

negotiate a cigarette tax compact agreement, and to

appoint a new government-to-government negotiating

group for this purpose comprised of the Colville

Business Council members who wish to participate,

with ORA Attorney Alice Koskela as staff to the group.

The chair of this group shall be the Management &

Budget Committee Chair. The group is directed to

contact the appropriate officials of Washington State

and to attempt to negotiate terms of a compact

consistent with the policy direction of the Colville

Business Council, and the Chair of this group is

directed to report at least a monthly basis to the M&B

Committee.

Approve an administrative fee of $4.00 per carton for

allocated cigarettes.

Approve the attached allocation method for distribution

of allocated cigarettes to tribally-licensed vendors. 38%

CTEC and 62% Private Vendors.

Allow the Office of the Reservation to pay Theresa

Thin Elk 60-days severance.

Request funds in the amount of $9,600.00 for tent rental

during the Annual 4 th of July Celebration. Funds to

come from the General Fund.

Amend Resolution 2006-441to reflect changes in the

start up costs to $29,000.00 (tribe has already

contributed $6,250.00); The new tribal costs per year

will be $135,000.00 per year (45% of total costs)

payable in advance in monthly payments of $11,250.00

monthly or quarterly payments of $33,750.00 per

quarter. Funds to come from the Wells Dam

Youth/Elders account. John Gonzales, Executive

Director will be the Tribal Management point person

assigned and Stefanie Lelone or designee will be the

June 5, 2008 ~ Special Session

7 For

1 Against

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7 Against:

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1 Against: JJ

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3 Against: MF, AJ, JJ

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Tribal Liaison assigned to collaborate with EXYP.

Approve the attached TERO FY 2008 Budget

Modification in the amount of $143,271.00 to come

from the savings on previous budget modifications

from other departments.

Approve the attached amendments to the Colville

Tribal Code, Chapter 10-1-28, and to direct the Colville

Tribe's Code Reviser to take all appropriate steps for

publication of the amendment pursuant to applicable

Colville Tribal Code.

Approve the Research Permit Application 2008-07,

Robert Ficke, "2008 National Survey of Older

Americans Act Participants." Mr. Ficke will adhere to

all the comments and recommendations on the permit.

Mr. Ficke will adhere to the Research Permit

Ordinance. The Colville Tribes will retain a 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. Mr. Ficke is responsible for providing a copy

of his study to the Area Agency on Aging and the

Archive & Records Center. Lastly, Mr. Ficke has until

August 31, 2008 to complete his project. Failure to

comply with the Research Ordinance and deadline will

result in possible legal action in Colville Tribal Court.

Approve Research Permit Application 2008-10, Pei-Lin

Yu, "Lake Roosevelt Fishing Lithics Research Project."

Ms. Yu will adhere to all the comments and

recommendations on the permit. Ms. Yu 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. Yu is responsible for providing

a copy of his study to the History/Archaeology

Department and the Archives & Records Center. Lastly,

Ms. Yu has until June 30, 2009 to complete her project.

Failure to comply with the Research Ordinance and

deadline will result in possible legal action in Colville

Tribal Court.

Approve the attached Memorandum of Agreement

between the City of Omak, the Omak Stampede, Inc.

and the Colville Tribes, and to authorize the CBC

Chairman or his designee to sign.

Approve the amendment of Resolution 2004-691 due to

clerical error. The conclusion should name Dennis

Butterfly instead of Donna Butterfly.

Allow additional funding to assist with the Olson

Cleparty family for transportation fees in the amount of

$450.00 and additional expense for the Colville Tribal

Package not to exceed $150.00. Total not to

exceed$600.00.

June 5, 2008 ~ Special Session

1 For: TB

7 Against

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Initiate a resolution in order to approve the

Memorandum of Agreement for I.H.S Project PO-08B09-G, Sanitation Facilities for New and Like-New

Homes Project. The Chairman of the Colville Business

Council or authorized designee shall sign all related

documents.

Approve the property use agreement for the New Omak

Casino facility located south of Omak, WA along

Highway 97. The location is within the former "Dobson

Property" known as Tribal allotment #101-793-C;

Township 34, Range 26, Section 35 and is for a

governmental purpose.

Approve the property use agreement for the TANF

Department facility located at 11 Lakes Street on

Colville Indian Agency Campus. The location is within

tribal allotment #101-TR-34; Township 30, Range 31,

Section 06 and is for a governmental purpose.

Approve the property use agreement for the Inchelium

EMS/Fire Hall Department facility located east of the

Inchelium Health Facility on property that was set aside

under Resolution 2001-127 which approved the

Inchelium Master Plan. The location is within the

former "Judd Property"; Township 32, Range 37,

Section 06 and is for a governmental purpose.

Authorize a modified Memorandum of Understanding

(MOU) between Clipper Windpower, Inc. and the

Colville Confederated Tribes. Among the

modifications, Bridgeport is added to the study areas

and a sunset clause (Sec. 7 (d)) is added to the MOU.

The Chairman or designee is authorized to sign this

document and all documents pertaining to.

Initiate a resolution in order to approve the

Memorandum of Agreement for I.H.S. Project PO-08K92, Rebecca Lake Water Storage Tank Project. The

Chairman of the Colville Business Council or

authorized designee shall sign all related documents.

Initiate a resolution in order to approve the

Memorandum of Agreement for I.H.S. Project PO-08K93, Point of Use Water Treatment System Project.

The Chairman of the Colville Business Council or

authorized designee shall sign all related documents.

Approve a resolution to enter into 638 Roads Contract

"US Highway 97 Intersection" (IRR Route 0097) to

provide Planning, Surveying, Engineering, and

Construction; funding to come from FY08 Annual

Roads Share Dollars from the BIA Indian Reservation

Roads (IRR) annual Highway Trust Fund, and to

delegate Brian Clark and Tom Christie to do contract

negotiations.

Amend Resolution 2008-209 and approve the Solid

June 5, 2008 ~ Special Session

7 For

0 Against

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5 For: KC, AJ, VS, SM, MF

2 Against CM, JJ

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0 Abstained

7 For

2 Against: CM, JJ

0 Abstained

9 For

0 Against

Page 9 of 10

2008-469.com

10 Signature

2008-470.nat

10 Signature

Waste Enforcement Officer position description

changes recommended by the Risk Mangers Attorney,

Tom Christie and re-advertise this position

immediately.

Natural Resource Committee to delegate Ricky Joseph

and/or his alternate, as the Tribal Representative for the

Sheriff's Sale on June 13, 2008. The representative will

be authorized to bid on the following parcel(s) on

behalf of the Colville Tribes. (Stephen Palmer and

Dorothy Palmer). A check will be drawn in the amount

of $150,000.00 for advertised bid process from the

Land Purchase Account 550.79875, and that the check

to be issued to Ricky Joseph and/or his alternate by the

Accounting Office. Chairman or designee has authority

to sign all pertinent documents. Funds to be disbursed

from the Land Purchase Account.

0 Abstained

Natural Resource Committee to delegate Ricky Joseph and/or his

alternate, as the Tribal Representative for the Sheriff's Sale on June 13,

2008. The representative will be authorized to bid on the following

parcel(s) on behalf of the Colville Tribe. A check will be drawn in the

amount of $161,259.46 for advertised bid process from the Land Purchase

Account 550.79875, and that the check to be issued to Ricky Joseph

and/or his alternate by the Accounting Office. Chairman or designee has

authority to sign all pertinent documents. Funds to be disbursed from the

Land Purchase Account.

10 for: DS, TB, BN, MF, KC, CM, SM, GJ, MM, JJ

0 Against

0 Abstained

June 5, 2008 ~ Special Session

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