COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Resolution Index

Condensed by Darla Carden, CBC Recording Secretary

REGULAR SESSION on October 11, 2001

Council Members Present:

Shirley Charley, Jeanne Jerred, Gene Joseph, Joanne Leith, Mike

Marchand, DR Michel, Joe Pakootas, Kevin Rosenbaum.

Delegation/Absent:

Louella Anderson, delegation; Colleen Cawston, delegation; Margie Hutchinson, leave;

Deb Louie, delegation; John Stensgar, delegation; Richard Swan, delegation.

Resolution No.

Condensed Recommendation Information

Colville Business Council Vote Tally

10 Signature:

2001-558.m&b

To waive the Donations Committee policy and

authorize a contribution of $20,000 and seek a

match from CTEC to this amount for NCAI.

10 FOR (KR, JP, JL, JS, MH, LA, DRM, GJ,

MM, CC) 0 AGAINST 0 ABSTAINED.

Rationale: Assure contribution is in FY2001.

10 Signature:

2001-559.e&e

.hum

To approve the EEOC request for information

(RFI) Contract No. 1/5010/0086 in the amount

of $25,000 with no matching dollars. This

contract is in agreement with the CCT TERO

and EEOC. This contact is intended to provide

continued development of Indigenous capacity to

enhance the employment opportunities of

Indians and to identify, remedy and eliminate

unlawful employment discrimination occurring

on or near the Colville Indian Reservation by

supporting the work of a TERO. Further, that the

Chairperson or designee is authorized to sign all

related documents. Effective dates October 1,

2001 to September 30, 2002.

10 FOR (MH, DRM, JL, KR, JS, LA, MM, GJ, JP,

CC) 0 AGAINST 0 ABSTAINED.

10 Signature:

2001-560.gov

To approve the request for Burial Benefits/Wake

Grant for non-member spouse, Dorothy Lambert, who

passed away September 25, 2001, wife of Frank

Lambert, Enrollment #1375. Frank and Dorothy

resided on the Colville Reservation for the majority of

their lives.

10 FOR (JL, LA, JJ, GJ, MM, MH, KR, JP, JS, CC,

DL) 0 AGAINST 0 ABSTAINED.

To provide assistance for the burial benefits and wake

grant for Kenneth Gourneau DOD 9-22-01, father of

enrolled members Alene Clayton and Spokane Garry

Gourneau. His burial will be 9-27-01.

10 FOR (GJ, JP, MH, JS, JL, LA, KR, MM, DL, SC)

0 AGAINST 0 ABSTAINED.

To authorize burial and wake benefits for Chester

Poulson, spouse of enrolled member Laura Poulson,

enrollment #1292, father of enrolled members

Elizabeth and Megan Poulson.

10 FOR (JL, JP, CC, KR, LA, JS, MM, MH, DL,

SC) 0 AGAINST 0 ABSTAINED.

During the conversion of Title 13 to Chapter 5-1,

paragraph (2) from section 13.7.06 was inadvertently

11 FOR (KR, JS, JL, LA, JJ, DRM, MM, MH, GJ,

JP, CC) 0 AGAINST 0 ABSTAINED.

10 Signature:

2001-561.gov

10 Signature:

2001-562.gov

10 Signature:

2001-563.l&j

Rationale: Has to be mailed to DC, was due 26th

calling to extend to Monday 10-1-01.

Rationale: No Special until October 11, 2001.

Rationale: Funeral Services scheduled 9-27-01.

Rationale: Funeral Services scheduled 9-29-01.

Resolution Index - October 11, 2001 - Pg 1

omitted. The Law & Justice Committee recommends

the repeal of CTC 5-1-224 as currently enacted and

replace section 5-1-224 with language originally used

in Title 13, section 13.7.06 to include paragraph (2).

Rationale: That the above mentioned information to

correct the apparent transcriptional error is being

made based on the attached document.

AMENDING

2001-125.CUL

Culture Committee has been provided the most recent

culture survey for MA-8 which is dated 1987 and, it

has been identified that there is a need for a current

culture survey and, to amend to allow for a cultural

survey for the MA-8 site.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

AMENDING

2001-551.NAT

To approve the purchase of Phillip Joy Estate’s

21,051.20 fee acres at the negotiated price of

$5,742,558.00. The property is described on

Attachment “A”. This purchase will be paid out of the

General Fund. The Branch of Fish & Wildlife will

reimburse the General Fund in the amount of

$3,044,148.00 as Wildlife Habitat Monies become

available, over next three fiscal years. 11,856.62 acres

will be designated as a Wildlife Conservation

Easement and be purchased directly into trust status.

The remaining 9,194.58 acres will be converted into

trust after the purchase.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-564.com

.m&b

To submit the attached grant application to the First

Nations Institute in the amount of $50,000.00. These

funds will be utilized to complete a Feasibility Study,

including plans for Definition Needs, Strategic

Partnership, Business and Operations Plan and a

Revenue Plan & Forecasts which will be contracted to

a qualified firm(s) for the Tribal Community

Technology Plan. Chairperson or designee has

authority to sign all documents pertaining to this grant

application.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-565.com

.m&b

To submit the attached grant application to the

Seventh Generation Fund in the amount of

$10,000.00. These funds will be utilized to complete

the Itemized Schedule for the Plan and the

Capitalization Plan. Chairperson or designee has

authority to sign all documents pertaining to this grant

application.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-566.hum

To approve the amended Indian Nation

Intergovernmental work order #21729 in the amount

of $115,152.48 for the CRC Bed Contract for

Chiliwist and Serenity from 7-1-01 through 12-31-01,

contingent on acceptable language change to this

amendment by the DSHS Contract Officer and the

mutual approval of the language changes by the CCT.

Authorize the Chair or designee to sign the necessary

documents.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-567.hum

To approve the amended Indian Nation

Intergovernmental work order #15910 in the amount

of $54,696.00 for the Interim Bed Contract for

Chiliwist and Serenity from 7-1-01 through 12-31-01,

contingent on acceptable language change to this

amendment by the DSHS Contract Officer and the

mutual approval of the language changes by the CCT.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

Resolution Index - October 11, 2001 - Pg 2

Authorize the Chair or designee to sign the necessary

documents.

2001-568.hum

To approve the amended Indian Nation

Intergovernmental work order #23858 for the

Behavioral Rehabilitation Contract for Yellowcloud

from 7-1-01 through 12-31-01, contingent on

acceptable language change to this amendment by the

DSHS Contract Officer and the mutual approval of

the language changes by the CCT. Authorize the

Chair or designee to sign the necessary documents.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-569.hum

To approve Distribution Plans for the minor “P”

accounts for the annual BPA payments for the

following reasons: 1. The half shares of the annual

payment to the custodial parent. 2. High School

Senior expenses. 3. Minors who are not 18 years old,

but who graduated or received their GED. The BIA

will not release the first payment ($5,989.17) and all

the interest earned until the individual has reached 18

years of age or is scheduled to graduate from high

school, whichever is later in accordance with public

law 103-486 passed on 11/2/94. All IIM accounts

established by the BIA for minors will be supervised

by the BIA. There will be no retroactive ½ share

payments released. The ½ share will be released on an

annual basis only.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-570.hum

To approve the Upper Columbia Health Coalitions

appointment of Myra Aubertin as Chairperson of said

committee.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-571.hum

To formally recognize the Upper Columbia Coalition

as an entity of the CCT. To allow the Coalition to

develop a Comprehensive Emergency Management

Plan for the Colville Indian Reservation, this will

compliment Tribal, Federal, and State entities.

Approve attached Mission Statement, Goals and

Strategies.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-572.com

The ATNI are representative of and advocates for

national, regional, and specific Tribal concerns; and

the ATNI Indians is a regional organization

comprised of American Indians in the states of WA,

ID, OR, MT, Northern CA, and Alaska; and the

health, safety, welfare, education, economic and

employment opportunity and preservation of cultural

and natural resources are primary goals and objectives

of ATNI; and in 1993, ATNI completed an

assessment of tourism opportunities in Northwest

Indian Country; and, this assessment found substantial

interest by Tribes and Tribal members in development

culturally appropriate tourism programs; and

culturally appropriate tourism can have a substantial

positive impact on economic development in

Northwest Indian Country; and tourism economic

development opportunities were a priority identified

by Tribes at their Tribal Economic Summit, and

through the Washington State Tribal Economic

Vitality Initiative (TEVII); and the “One Washington”

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

Resolution Index - October 11, 2001 - Pg 3

tourism development campaign in Washington State

is an example of collaboration between Tribes and

State agencies on Tourism development efforts; and

the Washington Community Economic Revitalization

Team (WA-CERT) formed a cooperative agreement

to provide staff with technical assistance to Tribes to

implement TEVI and is an example collaborative

between Tribes and federal and state agencies and

governments; and Tribes in Oregon, in partnership

with the Oregon State Dept. of Tourism, produced an

Indian Country tourism brochure, and participated in

other tourism development and promotion efforts; and

Tribes interested in developing their tourism

resources, could benefit from a Tribal tourism

assessment process along with regional and state-wide

strategies based on individual Tribes tourism

priorities; and the ATNI Tourism Sub-Committee,

chaired by Walter Jackson, Quileutte Tribe, continues

to facilitate regional Tribal meetings on tourism

development issues, and Donna Wilkie, Makah Tribe,

has been appointed as the Tribal representative to the

Washington State Tourism Board; and that the

Colville Tribes support the implementation of a

region-wide tourism development process in

Northwest Indian Country.

2001-573.com

To request a modification to extend the

Transportation Study Contract No. CTP03T10141 for

a period of one year to September 30, 2002, with all

terms and conditions of the contract to remain the

same. Chairperson or designee is authorized to sign

the contract documents.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-574.m&b

To approve the Indian Tribes coverage for State

Unemployment tax rate for all tribal entities and

enterprises under the taxable method effective retroactive to the States offer to apply as of Jan. 1, 2001.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-575.m&b

To approve amendment #4 to the White Noise

Productions Contract, including the attached three

page Exhibit A, not to exceed $25,477.00. Authorize

the Chair or designee to sign all related documents.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-576.m&b

To approve Payroll Check release for ALL tribal

employee’s to Thursday’s beginning 10-25-01

beginning at 11:00 a.m.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-577.m&b

To approve the implementation of a $65,000

individual stoploss, replacing the $50,000, to the CCT

group medical plan, in order to accommodate a no

change in budgeted funding for the fiscal year ending

9-30-02. This change will not expose the plan to

adverse financial risk based upon current revenue

funding and claims, as per attached documents.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-578.nat

The CBC enact a resolution approving, and

authorizing and directing the CBC Chair or designee

to execute on behalf of CCT, the attached MOA

among various Natural Resources Trustees (including

CCT) and the US EPA regarding CERCLA response

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

Resolution Index - October 11, 2001 - Pg 4

activities at the Midnite Mine Superfund site, with the

understanding that no tribal dollars are required, and

subject to the provision that the Tribes’ delegate to the

Trustee Council established under the MOA must

consult with the CBC prior to voting on initiation of a

damages recovery action by the Trustee Council, and

further recommends that Patti Stone shall be the

Tribes’ primary voting delegate, and Gary Passmore

the alternate, to the Trustee Council established under

the MOA and outside counsel Connie Sue Martin

shall be the Tribes’ non-voting legal/consultative

delegate.

2001-579.nat

Add $77,600 to Hazardous Substances Account 422

to deal with Air Quality/emissions issues arising from

CTEC purchase of “QVL Mill.” Money appropriated

by CTEC Board CTEC 01-30 resolution.

6 FOR (SC, JJ, JL, MM, DRM, KR) 1 AGAINST

(GJ) 0 ABSTAINED. Motion carried.

2001-580.nat

To participate and attend the Intertribal Monitoring

Association on Indian Trust Funds (ITMA) on

October 25-26, 2001. Mike Marchand to attend as

CBC voting delegate with Jeanne Jerred as alternate.

5 FOR (SC, GJ, JL, DRM, KR) 0 AGAINST 2

ABSTAINED (JJ, MM). Motion carried.

2001-581.nat

To recognize that each of the HUD unit contracts are

established with land value, and whereas each Mutual

Help and Occupancy Agreement contracts are

separate from the Turnkey III home ownership and

Whereas each contract specifies the land value, now

therefore be it resolved that this value is the home

buyers share for the Mutual Help and Occupancy

Agreement land purchase.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-583.nat

For cultural restoration and economic value, the Nat.

Res. Dept. Recommends to the CBC that ALL fire

salvage logging operations that are under 10,000 acres

be handled in a manner that expedites the Tribes

objective in harvesting the fire-killed and fire-damage

timber before extensive deterioration to log quality

occurs. Quick action may also prevent a potential

increase in insect populations which could affect

future forest health conditions.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-584.nat

That the West Fork Logging Unit, Timber Contract

#P03C14203003, be modified to extend the cut and

pay date to September 30, 2002, and the contract

expiration date to March 31, 2003. Because of the

severe wildland fire situation, Forestry was unable to

act on the Purchaser’s request for an extension in a

timely manner.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-585.nat

To approve the Borderline Fire Complex Burned Area

Rehab. Plan as written and recommended by the CCT

BART so that additional rehab funding can be

approved with concurrence of Colville Agency

Superintendent, NRD Director and other affected

programs.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-586.cul

To rescind resolution 1999-593 and 2000-536, and in

order to proceed there needs to be a recognized

committee to meet with the City of Omak and Omak

6 FOR (SC, GJ, JL, MM, DRM, KR) 1 AGAINST

(JJ) 0 ABSTAINED. Motion carried.

Resolution Index - October 11, 2001 - Pg 5

Stampede Committee and, the following will be the

recognized committee in future meetings: Omak

District CBC, Omak Stampede Indian Encampment

delegates: Flodell Williams and Linda Saint. Owner’s

and Jockey’s Association delegates: Eddie Timentwa

and Ralph Moses. Stickgame delegate: Arkie

Andrews and that by November 8, 2001 the delegates

will bring a report to the Culture Committee. There is

a need to have the Suicide Race Committee select

their two representatives from the Owner’s and

Jockey’s Association that are not competing in the

2002 Suicide Race, as this has been a conflict of

interest when decisions are to be made during the race

weekend of the Suicide Race.

2001-587.cul

Approve the 2001-2002 Mr. CCT list for attendance

at pow-wows and other Social Functions, should

attend at a minimum, the following functions (list

attached).

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-588.cul

To approve Research Permit #074, “History of the

North Half and Ronald & Benjamin McDonald”,

submitted by Mary S. Warring, to conduct research in

the Tribal Archives and interview by telephone,

individual’s who may have knowledge of the

McDonald family. All material to be returned back to

the Archives with an understanding of a one time use

of materials.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-589.cul

To approve Albert Andrews/Redstarr research permit

#73, “Perspectives of Chief Joseph Descendants on

Wallowa Valley, the Nez Perce Homeland.” Copy of

research permit attached and that the CCT retains

copyrights.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-590.gov

To approve the (RFP) Request for Proposal for the

Lobbyist position for State of Washington legislative

activities.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-591.l&j

.m&b

To approve a reward for information leading to the

arrest and conviction of the individual or individuals

responsible for the disappearance of George Wayne

Pooler and Edwin Oliver Pooler. Reward to be in the

amount of $3,000 each, funds for the reward to come

from unspent tribal salaries. Further that this reward

will be maintained until case solved.

6 FOR (SC, GJ, JJ, JL, MM, DRM) 0 AGAINST 1

ABSTAINED (KR). Motion carried.

2001-592.l&j

.m&b

That the CBC approve the attached FY2002 attorney

contract for Attorney Wayne Svaren in the amount of

$25,000.00, to be funded from tribal funds allocated

to cost center 587 (the Litigation fund), with a scope

of work to include representation of the Tribes’

Enrollment Dept. in blood degree and related

enrollment cases in Tribal Court, subject to the

existing limitation of 80% of one-twelfth of the

FY2001 budget; and that CBC Chair or her designee

be authorized and directed to execute this contract on

behalf of the CCT.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

2001-593.l&j

The FY2001 Budget for the contract with Bruce

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

Resolution Index - October 11, 2001 - Pg 6

.m&b

Greene, Meyer & McElroy was intended to also fund

payments to John Cargnello of TST Inc. And to

approve of the attached contract amendment #3 for

the Greene, Meyer, McElroy contract and authorize

the Chair or her designee to sign same on the CBC’s

behalf. Funds to come from unexpended FY2001

ORA salaries.

AGAINST 0 ABSTAINED. Motion carried.

2001-594.l&j

.m&b

The Court finds itself with a shortfall of $11,769.35

FY2001 in professional fees paid to Attorneys,

Guardian Ad Litems and Pro-Tem Judges. Committee

recommends necessary funding to complete the fiscal

year to come from the unfilled Associate Judge

position funds and combined with collection of fines

and fees appropriated to the Tribal Court for FY2002.

7 FOR (SC, GJ, JJ, JL, MM, DRM, KR) 0

AGAINST 0 ABSTAINED. Motion carried.

Resolution Index - October 11, 2001 - Pg 7