COLVILLE CONFEDERATED TRIBES

Present:

Delegation/Leave:

Resolution No.

2021-814.tg

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

November 18", 2021

Resolution Index

Condensed by, Deanna James, Executive Office Assistant

Andy Joseph Jr., Jack Ferguson, Karen Condon, Norma Sanchez, Shar Zacherle,

Roger Finley, Alison Ball, Virgil (Smoker) Marchand, Marvin Kheel, Jarred Michael-

Erickson, Tyler Zacherle-Boyd.

Richard Swan Sr., Dustin Best, Joseph Somday

Condensed Recommendation Information Colville Business

Council Vote Tall

To approve the attached letter to Governor Inslee regarding | 11 FOR (AB, NS, KC, AJ,

10-Signature the appointment of the vacancy of Secretary of State. py pis JS, RF, TZB,

Chairman or designee is authorized to sign.

0 AGAINST

0 ABSTAINED

2021-815.m&b.cde To support the request of the Colville Indian Housing 10 FOR (NS, SZ, RS, RF,

10-Signature Authority to apply for $1,725,000.00 to secure critical DB, JS, AJ, KC, AB, JME)

housing needs and lessen the COVID-19 transmission 0 AGAINST

through Notice PIS-2021-22, dated July 20, 2021 for Indian

Community Development Block Grant-American Rescue

Plan Act (ICDBG-ARP) filed September 3, 2021, also that

CIHA has met the requirements of 24 CFR 1003.604(a),

Citizen Participation. This Resolution now completes the

requirement deferred by Waiver request due to several

government office closures due in part to wildfires,

evacuations and COVID-19 related mandates. Whereas the

CIHA has been designated as the “Tribally Designated

Housing Entity” for the Confederated Tribes of the Colville

Reservation pursuant to Article V. Section 1 (a). No

additional dollars required.

0 ABSTAINED

2021-816.1&j.m&b.cdc

10-Signature

To approve the contract modification with the Bureau of 10 FOR (TZB, AB, MK,

Reclamation, to incorporate the clause 52.223-99 a RE, SZ, DB, JS, JF,

ENSURING ADEQUATE COVID-19 SAFETY

PROTOCOLS FOR FEDERAL CONTRACTORS pursuant | 0 AGAINST

to Executive Order 14042. Chairman or designee authorized

: . 0 ABSTAINED

to sign all pertinent documents.

2021-817.1&j

10-Signature

To authorize the Chairman or designee to sign the major 10 FOR (TZB, MK, DB,

disaster relief letter for the Colville Indian Reservation AD NS, JE, AB, RE, JS,

under the provisions of section 401 of the Robert T. Stafford

EEE

Special Session

November 18th, 2021

Deanna James, Executive Office Assistant

Page 1 of 7

Disaster Relief and Emergency Assistance Act. 42

U.S.C.§§5121-5207 Stafford Act), and implemented by 44

0 AGAINST

patent in fee covering .700 acres, within Tract No. 101-

5664, per the attached map.

101-5664: LOTS 15 AND 16, RIVERVIEW

SUBDIVISION AS RECORDED IN VOLUME G OF

PLATS, PAGE 33, RECORDS OF HE AUDITOR OF

OKANOGAN COUNTY, WASHINGTON, AND

CORRECTION PLAT RECORDED IN BOOK D OF

SURVEY, PAGE 305, IN SECTION 30, TOWNSHIP 29

NORTH, RANGE 31 EAST, WILLAMETTE MERIDIAN,

0 ABSTAINED

CFR §206.36.

2021-818.e&e To approve the Confederated Tribes of the Colville 10 FOR (JF, KC, NS, SZ,

Reservation Early Childhood Educations/Head Start Internal a VSM, MK, JME,

Dispute Resolution Policy for program year 2021-22. Tribal

Chairman or designee to sign all pertinent documents. 0 AGAINST

0 ABSTAINED

2021-819.e&e To approve the Confederated Tribes of the Colville 10 FOR (JF, KC, NS, SZ,

Reservation Early Childhood Education/Head Start TZB) VSM, MK, JME,

Community Needs Assessment. Tribal Chairman or

designee to sign all pertinent documents. 0 AGAINST

0 ABSTAINED

2021-820.c&e To approve the contract for Colby Wilk of Big Impact 10 FOR (JF, KC, NS, SZ,

Training to provide a day training on trust and team building ma rea ae

for Pascal Sherman Indian School staff, in the amount of

$5,000.00. 0 AGAINST

0 ABSTAINED

2021-821.1&j To approve the attached amendment to the Colville Tribal 10 FOR (JF, KC, NS, SZ,

Law & Order Code Chapter 6-19, Hemp Production. These li VSM, MK, JME,

amendments required to meet the USDA’s Hemp Production

Plan. It is the further recommendation of the Law & Justice | 0 AGAINST

Committee to declare an emergency pursuant to CBC

Procedural Rule 3(c) in order to immediately amend the 0 ABSTAINED

chapter for submission to the USDA for final review and

approval. Once approved, a copy shall be forwarded to the

Code Reviser for certification and distribution. Chairman or

designee to sign all pertinent documents.

2021-822.nre To concur with the selection of Alternative 1 as the 10 FOR (JF, KC, NS, SZ,

Preferred Alternative, and to approve for publication for a VSM, MK, JME,

public comments the Draft Environmental Assessment for

the Proposed Owhi Lake Dam and Owhi Lake Road 0 AGAINST

Improvements. No Tribal dollars are requested. The RST

Chairperson or authorized designee shall sign all pertinent

documents.

2021-823.nre To approve Roberta Hansen application for the issuance of a | 8 FOR (JF, SZ, RF, AB,

VSM, MK, JME, TZB)

2 AGAINST (NS, KC)

0 ABSTAINED

Special Session

November 18th, 2021

Deanna James, Executive Office Assistant

Page 2 of 7

OKANOGAN COUNTY, WASHINGTON, CONTAINING

.70 ACRES, MORE OR LESS.

Whereas the Confederated Tribes of the Colville

Reservation is reluctant to let trust lands go out of trust,

however, the Business Council recognizes the individuals’

rights for such actions, and it is the recommendation of the

Natural Resource Committee that the Confederated Tribes

of the Colville Reservation reluctantly has no objections to

its alienation of fee status. Chairman or designee has

authority to sign all pertinent documents.

2021-824.nre

FAILED

To rescind the portion of Colville Tribal Resolution 1999-

251 in which it made it illegal for Non-Tribal Members to

accompany a Tribal Member while hound hunting. The

5 FOR (AJ, RE, VSM,

JME, TZB)

6 AGAINST (NS, JF, SZ,

programs have all been utilized to enforce and respond to

the Tribal Public Health and Safety Orders related to

mitigating and responding to the COVID-19 pandemic

within the Tribal community. The Colville Business Council

has determined that these expenditures are necessary to

respond to the COVID-19 public health emergency and

appropriate under the Treasury Department guidance and

FAQ’s in effect as of the date of this recommendation. The

Chairman or designee shall sign any relevant documents.

Chair or designee is authorized to sign all pertinent AB, MK, KC)

documents. 0 ABSTAINED

2021-825.nre To rescind Resolution 1998-368 in its entirety due to 10 FOR (JF, KC, NS, SZ,

cancellation. Chairman or designee has authority to sign all oii VSM, MK, JME,

pertinent documents.

0 AGAINST

0 ABSTAINED

2021-826.m&b.cde To recommend the appointment of Tanya K. Steele as 10 FOR (JF, KC, NS, SZ,

Director of the Colville Tribal Credit Board of Directors for as VSM, MK, JME,

a two-year period by the Colville Business Council. As the

term of the representative from the membership of the Tribe, | 0 AGAINST

“ appointed by the Business Council expired on October .ARSTRINED

2021-827.m&b.cdce To approve the updated Compensation and Job 9 FOR (KC, NS, SZ, RE,

Classification System for 2021. This will supersede the 7 MK, JME,

previously approved Salary Survey of 2015. This will be

implemented in January 2022. Chair or authorized designee | 1 AGAINST (JF)

to sign all pertinent documents. There will be no retroactive 0 ABSTAINED

payments.

2021-828.m&b.cde To approve the allocation of expenditures recorded to the 10 FOR (JF, KC, NS, SZ,

Tribes’ EMS, TOSHA, Public Safety, Law & Order, and —— eae Me

Law Enforcement programs for the period of March 01,

2020 — June 30, 2021 to CARES Act funding in the amount | 0 AGAINST

of $4,986,941.98. The distinct services provided by these 0 ARSTAINED

——_ SSS —————EE————e——————— ed

Special Session

November 18th, 2021

Deanna James, Executive Office Assistant

Page 3 of 7

2021-829.m&b.cde

To approve the allocation of fifty percent (50%) of Business

Council expenditures recorded to the General Fund for the

period of January 01, 2021 — June 30, 2021 to CARES Act

funding in the amount of $564,639.76, as the focus and

meeting agenda topics of the Business Council have been

substantially dedicated to mitigating and responding to the

8 FOR (KC, NS, SZ, RF,

VSM, MK, JME, TZB)

0 AGAINST

1 ABSTAINED (AB)

determined that these expenditures are necessary to respond

to the COVID-19 public health emergency and appropriate

under the Treasury Department of guidance and FAQ’s in

effect as of the date of this recommendation. The Chairman

or designee shall sign any relevant documents.

*Out of the room (JF)

COVID-19 pandemic within the Tribal Community. The

Colville Business Council has determined that these

expenditures are necessary to respond to the COVID-19

public health emergency and appropriate under the Treasury

Department guidance and FAQ’s in effect as of the date of

this recommendation. The Chairman or designee shall sign

any relevant documents.

2021-830.m&b.cde To approve the allocation of expenditures recorded to the 9 FOR (KC, NS, SZ, RF,

Tribes’ Meal Program, Food Pantry and Low Income si M, MK, JME,

Energy Assistance Program for the period of January 01,

2021 — June 01, 2021 to CARES Act funding in the amount | 0 AGAINST

of $861,455.98. The Colville Business Council has 0 ARSEAINED

*QOut of the room (JF)

dedicated to mitigating and responding to the COVID-19

pandemic within the Tribal community. The Colville

Business Council has determined that these expenditures are

necessary to respond to the COVID-19 public health

emergency and appropriate under the Treasury Department

guidance and FAQ’s in effect as of the date of this

recommendation. The Chairman or designee shall sign any

relevant documents.

2021-831.m&b.cde To approve the allocation of expenditures recorded to the 9 FOR (KC, NS, SZ, RE,

Tribes’ Unemployment Program for the period of January ad MK, JME,

01, 2021 — June 30, 2021 to CARES Act funding in the

amount of $20,648.87. The Colville Business Council has 0 AGAINST

determined that these expenditures are necessary to respond 5 AESTAINED

to the COVID-19 public health emergency and appropriate

under the Treasury Department guidance and FAQ’s in *Out of the room (JF)

effect as of the date of this recommendation. The Chairman

or designee shall sign any relevant documents.

2021-832.m&b.cde To approve the allocation of expenditures recorded to the 9 FOR (KC, NS, SZ, RF,

Tribe’s Children and Family Services Program for the 17) MK, JME,

period of January 01, 2021 — June 30, 2021 to CARES Act

funding in the amount of $14,144.55, as the services 0 AGAINST

provided under the program have been substantially

0 ABSTAINED

*Out of the room (JF)

2021-833.m&b.cde

To amend Resolution 2020-248 adding two million three

hundred thousand nine hundred sixty-one dollars and sixtyeight cents ($2,300,961.68) to the approved appropriation of

9 FOR (KC, NS, SZ, RE,

AB, VSM, MK, JME,

TZB)

—— ee OO—O—O——eEeEEEYeYilIESEIIES— — — —_ LL _L_LLL_=L———~—L_—EESESSSSSSSSSS— SSeS

Special Session

November 18th, 2021

Deanna James, Executive Office Assistant

Page 4 of 7

one million dollars ($1,000,000.00) for an actual cost of

three million three hundred thousand nine hundred sixty-one

dollars and sixty-eight cents ($3,300,961 .68).

0 AGAINST

0 ABSTAINED

*Out of the room (JF)

2021-834.m&b.cde To amend Resolution 2020-252 appropriating and additional | 9 FOR (KC, NS, SZ, RE,

two million dollars ($2,000,000.00) to the previously _ MK, JME,

authorized seven million dollars ($7,000,000.00) for a total

authorized amount of nine million dollars ($9,000,000.00), 0 AGAINST

to complete the 2.5 GHZ wireless broadband buildout, and 0 ABSTAINED

fiber optic infrastructure from Nespelem to Omak. Five

hundred thousand ($500,000.00) additional funds for *Out of the room (JF)

wireless and one million five hundred thousand

($1,500,000.00) additional funds for fiber infrastructure.

Initial estimates on these projects were lower than the actual

costs/bids. All contracts, supplies, materials, and services

will be brought back individually for Colville Business

Council approval.

2021-835.m&b.cde To amend Resolution 2020-283 reducing the approved 9 FOR (KC, NS, SZ, RF,

appropriation of one million seven hundred thirty-five 178) MK, JME,

thousand eighty-nine dollars ($1,735,089.00) by three

hundred thirty-four thousand three hundred thirty-two 0 AGAINST

dollars six cents ($334,332.36) for an actual cost of one

0 ABSTAINED

million four hundred thousand seven hundred fifty-six

dollars and sixty-four cents ($1,400,756.64).

*Qut of the room (JF)

2021-836.m&b.cde

To amend the Resolution 2020-357 reducing the approved

appropriation of four hundred forty-seven thousand three

hundred fifty-four and sixty cents ($447,354.60) by thirtyfive thousand five hundred fifty-two dollars and sixty-eight

cents ($35,552.68) for an actual cost of four hundred eleven

thousand eight hundred thirty-one dollars and ninety-two

cents ($411,831.92).

9 FOR (KC, NS, SZ, RE,

AB, VSM, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

*Out of the room (JF)

2021-837.m&b.cde To amend Resolution 2020-414 reducing the approved 10 FOR (JF, KC, NS, SZ,

appropriation of five million two hundred forty-seven re, VSM, MK, JME,

thousand two hundred dollars ($5,247,200.00) by one

million one hundred seventeen thousand two hundred 0 AGAINST

dollars ($1,117,200.00) for an actual cost of four million one D.ARSTAINED

hundred thirty thousand dollars ($4,130,000.00).

2021-838.m&b.cde To amend Resolution 2020-431 reducing the approved 10 FOR (JE, KC, NS, SZ,

appropriating of eight hundred five thousand dollars i) VSM, MK, JME,

($805,000.00) by one hundred thirty-nine thousand six

hundred forty-seven dollars and twenty-two cents 0 AGAINST

($139,647.22) for an actual cost of six hundred sixty-five 0 ABSTAINED

thousand three hundred fifty-two dollars and seventy-eight

cents ($665,352.78).

2021-839.m&b.cde To amend Resolution 2020-625 reducing the appropriation | 10 FOR JF, KC, NS, SZ,

of one hundred ninety-eight thousand three hundred twelve aa VSM, MK, JME,

dollars ($198,312.00) by one hundred seventy-one thousand

Special Session

November 18th, 2021

Deanna James, Executive Office Assistant

Page 5 of 7

two hundred thirty-one dollars and thirteen cents

($171,231.13) for an actual cost of twenty-seven thousand

eighty dollars and eighty-seven cents ($27,080.87).

0 AGAINST

0 ABSTAINED

2021-840.m&b.cde

To rescind in its entirety attached Resolution 2020-282.

10 FOR (JE, KG, NS, SZ,

RF, AB, VSM, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

2021-841.m&b.cde

To rescind in its entirety attached Resolution 2020-304.

10 FOR (JE, KC, NS, SZ,

RF, AB, VSM, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

2021-842.m&b.cde

To rescind in its entirety attached Resolution 2020-437.

10 FOR (JF, KC, NS, SZ,

RF, AB, VSM, MK, JME,

TZB)

0 AGAINST

0 ABSTAINED

2021-843.m&b.cde.l&jc

To approve amendments for Chapter 4-3 Land Use, with

non-substantive corrections, clarifying the process,

establishing a Dig-once policy, and replacing the Land Use

Review Board with a Planning Commission, as attached. It

8 FOR (JF, SZ, RF, AB,

VSM, MK, JME, TZB)

2 AGAINST (NS, KC)

is further recommended that all computation of time be 0 ABSTAINED

updated to reflect the Tribes’ official 4-day work week, such

that Friday is considered a weekend day. Process utilizing

CBC Procedural Rule 3(b), (e), and (g) were followed. Once

approved, a copy shall be forwarded to the Code Reviser for

certification and distribution.

2021-844.m&b.cde To uphold the decision of the Land Use Review Board and __| 10 FOR (JE, KC, NS, SZ,

deny the application to construct 35 docks along the 1Z8) VSM, MK, JME,

shoreline of Lake Chelan on MA-10. It is further

recommended that a document substantially similar to the 0 AGAINST

attached final decision and the attached decision cover letter VARSTAINED

be sent to the Applicant and appropriate Tribal Programs.

Community Development Chair or designee is authorized to

sign the Decision and the cover letter.

2021-845.m&b.cde To submit an application and supporting documentation to 10 FOR (JF, KC, NS, SZ,

the Washington State Broadband Office (WSBO) ma VSM, MK, JME,

Infrastructure Acceleration funding opportunity, for the

Confederated Tribes of the Colville Reservation. Chair or 0 AGAINST

designee to sign all relevant documentation. i ARSEAINED

2021-846.m&b.cdce To offer Tiffany Circle to serve as a participating member of | 10 FOR JE, KC, NS, SZ,

Washington’s digital equity forum on behalf of the 1Z8) ‘sy

Confederated Tribes of the Colville Reservation (CCT), a

federally recognized tribe headquarters in Washington State. | 0 AGAINST

The CCT is one of the largest Indian tribes in the Pacific 0 ABSTAINED

Tes

Special Session

November 18th, 2021

Deanna James, Executive Office Assistant

Page 6 of 7

Northwest and is both unserved in various parts pf the large

1.4-million-acre reservation and underserved across most of

the reservation.

Chairman or designee is to sign all pertinent documents.

2021-847.m&b.cde To approve the Fiscal Year 2022 Budgets in the amount of | 9 FOR UF, NS, SZ, RF,

$59,878,772.00. The Tribal Budgets are in addition to the y MK, JME,

currently approved Federal, State, and other awards. Chair

or designee authorized to sign all relevant documents. 1 AGAINST (KC)

0 ABSTAINED

2021-848.fish To seek funding from ONA to assist with acoustic tracking | 10 FOR (JF, KC, NS, SZ,

study in the Okanogan. The Chairman or his/her designee is oa VSM, MK, JME,

authorized to sign all pertinent documents. Attached memo

with supporting information. 0 AGAINST

0 ABSTAINED

2021-849. fish To approve the Budget modification #3 for 320818 UCUT __| 10 FOR (JE, KC, NS, SZ,

extending the date to December 31, 2021 and the contract an VSM, MK, JME,

value remains the same. No tribal dollars associated. The

Chairman or his/her designee is authorized to sign all 0 AGAINST

pertinent documents.

0 ABSTAINED

2021-850.fish To approve Cates & Erb Inc. sub-contract to complete the 9 FOR (JF, NS, SZ, RE,

Fish & Wildlife gravel road reparation project at Riverside “a MCaEe

pond access road, Brooks Track access road, Fish Weir

access and gravel road encircling acclimation pond off 1 AGAINST (KC)

Brooks Track. The Chairman or his/her designee is 0 ABSTAINED

authorized to sign all pertinent documents.

2021-851.fish To approve the change order to add $60.00 for the purchase | 10 FOR (JE, KC, NS, SZ,

of acoustic tags from ATS, for PO#152616. The Chairman an VSM, MK, JME,

or his/her designee is authorized to sign all pertinent

documents. 0 AGAINST

0 ABSTAINED

2021-852.cul To appoint John Sirois to the vacant Traditional Territory 10 FOR (JF, KC, NS, SZ,

Advisor position. Chairman or designee is authorized to aie VSM, MK, JME,

sign all pertinent documents.

0 AGAINST

0 ABSTAINED

2021-853.tg To appoint Associate Judge Sophie Nomee to serve as 10 FOR (JF, KC, NS, SZ,

acting Chief Judge of the Colville Tribal Court. The acting a VSM, MK, JME,

Chief Judge shall handle administrative matters in the

Colville Tribal Court until March 1, 2022 or such earlier 0 AGAINST

time as a new, full time Chief Judge is appointed. The iSTAINED

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Special Session

November 18th, 2021

Deanna James, Executive Office Assistant

Page 7 of 7