COLVILLE CONFEDERATED TRIBES

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

May 2nd, 2013

Resolution Index

Condensed by, Trisha Jack, CBC Recording Secretary

Council Members Present:

Delegation/Absent:

John E. Sirois, Benny Marchand Jr., Joseph Somday, Andy Joseph Jr., William

Nicholson II, Brian Nissen, Ernest Brooks III (*present 9:09am), Nancy Johnson,

Jim Boyd, Richard Swan Sr. (*present 9:12am)and N. Lynn Palmanteer-Holder

Michael O. Finley, Luana Boyd-Rowley and Darlene Zacherle

Resolution No.

Condensed Recommendation Information

Colville Business Council Vote Tally

10-Signature

2013-322.m&b/e&e

To approve to submit the U.S. Department of Education

Investing In Innovation Fund (I3) grant application for the

Collaborative Innovation and Tribal Education project in the

amount of $2,750,000.00 that includes an In-kind match of

$412,500.00. Chairman or designee and administration staff

authorized to sign all pertinent documents.

To approve the extension of C09-225, reference to

Resolution 2009-318 to increase the contract amount in the

amount of $47,303.00 to continue water testing work for two

additional years, extending the contract to May 25, 2015.

New contract total after increase will be $188,233.00.

11 FOR (NJ, WN, EB, JSOMDAY, BN, JB, LPH,

JSIROIS, DZ, LBR, MF)

10-Signature

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10-Signature

2013-324.l&j

10-Signature

2013-325.nrc

10-Signature

2013-326.m&b

2013-328.m&b

To approve the Colville Tribal Police Department to apply

for the 2014 BIA Indian Highway Traffic Safety Grant. This

grant will enhance the department traffic and investigate

abilities. IT will also enhance the communication

knowledge of traffic laws. There is no matching funds

required. Chairman or designee has authority to sign all

related documents.

To approve the attached change order #5 to the Tetra Tech

sub-contract C10-307, adding an additional $233,515.00

bringing the new contract total to $4,838,600.00 and

authorizes the Chairman and/or his designee to sign contract.

Funded by BPA fund #312210, no Tribal dollars.

To approve the Washington State Department of Commerce

2013 Local Technology Grant application submittal in the

amount of $50,000.00 with an In-kind Match of $13,500.00.

Chairman or designee and Administration staff authorized to

sign all pertinent documents.

To approve the Flowers & Sons Construction Contract in the

amount of $52,700.00 for the IT Call Center to disassemble,

transport and install the CIPV modular building at the

Special Session

May 2nd, 2013

Trisha Jack, CBC Recording Secretary

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (JSOMDAY, BN, NJ, DZ, EB, JB, WN,

RS, JSIROIS, LPH)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (BN, WN, EB, JSOMDAY, JB, NJ, LPH,

JSIROIS, RS, MF)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (JSOMDAY, DZ, WN, BN, BM, EB,

JSIROIS, MF, JB, NJ)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

11 FOR (WN, MF, JB, BN, JSOMDAY, LPH,

BM, JSIROIS, EB, DZ, NJ)

0 AGAINST

0 ABSTAINED

*Rationale: Timelines

10 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS, LPH)

0 AGAINST

Page 1

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Nespelem Agency Campus located at Methow Street 101TR34 funding to come from Fund No. 831.67020. The

Chairman or designee is authorized to sign all pertinent

documents.

To approve the purchase of a T630 Bobcat Compact Track

Loader for the Inchelium Forestry Department in the amount

of $42,518.80. No Tribal dollars will be expended.

Chairperson or designee has the authority to sign all

pertinent documents.

To approve the Ferry County Department of Public Works

Utility Permit #13-6 and the Franchise Agreement No.

041513 for the 2013 USDA Keller Community-Oriented

Broadband grant project. Chairman or designee and

Administration staff authorized to sign all pertinent

documents.

To approve that effective immediately, $5.00 per Thousand

Board Feet from all timber sales on Colville Tribal property

be ear marked for environmental clean up of contaminated

sites within the boundaries of the Colville Reservation, that

the Environmental Trust Department shall have authority to

expend such ear marked funds, and that Environmental Trust

Department shall provide a financial report on the ear

marked funds to the Council on an annual basis. Funds will

be deposited into the Hazardous Waste Account 423 by

authority of section 4-16-8 of the Tribal Hazardous

Substances Control Act. This source of funding shall

conclude in December 2033. Environmental Trust has

authority to seek alternative funding sources to fulfill

achieving project objectives.

To approve using Wells Dam revenue to fund a quarterly

Elders stipend funded from the previous quarter Wells Dam

revenue. Stipend shall commence from the 2013 first

quarter going forward and be reviewed annually in August.

Health and Human Services Committee per resolution has

officially designated elders status as 55 years of age and

older. The Enrollment Department shall set an appropriate

timeline for cutoff and disbursement. Chair or designee may

sign all pertinent documents.

To approve the following amendments to SECTION XIV of

the Tribes' Employment Policy Manual (EPM): STRIKE the

first and second sentence of Section C. 1. and replace them

with "Employees are subject to post-accident and reasonable

suspicion drug testing."; STRIKE "and for random testing,"

from Section C. 3., and; STRIKE section D. 3. in its entirety.

Executive Director to prioritize all Manager/Supervisors

receive immediate "Reasonable Suspicion Drug Testing

Training".

To appoint John Sirois, as Omak District Alternate to the

Elections Committee for the 2013 Colville Business Council

Election. This resolution shall supersede all previous

resolutions. Chairman or designee authorized to sign all

pertinent documents.

Special Session

May 2nd, 2013

Trisha Jack, CBC Recording Secretary

0 ABSTAINED

10 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS, LPH)

0 AGAINST

0 ABSTAINED

10 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS, LPH)

0 AGAINST

0 ABSTAINED

10 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS, LPH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS)

1 AGAINST (LPH)

0 ABSTAINED

10 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS, LPH)

0 AGAINST

0 ABSTAINED

9 FOR (WN, AJ, JSOMDAY, BM, BN, JB, NJ,

RS, LPH)

0 AGAINST

1 ABSTAINED (EB)

Page 2

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To appoint Nancy Johnson, as Nespelem District Alternate

to the Elections Committee for the 2013 Colville Business

Council Election. This resolution shall supersede all

previous resolutions. Chairman or designee authorized to

sign all pertinent documents.

To appoint Dorthey Zacherle, as Nespelem District (2nd)

Alternate to the Elections Committee for the 2013 Colville

Business Council Election. This resolution shall supersede

all previous resolutions. Chairman or designee authorized to

sign all pertinent documents.

To appoint Glenda Gleason, as Keller District (2nd)

Alternate to the Elections Committee for the 2013 Colville

Business Council Election. This resolution shall supersede

all previous resolutions. Chairman or designee authorized to

sign all pertinent documents.

To appoint Teri Peone, as Keller District Alternate to the

Elections Committee for the 2013 Colville Business Council

Election. This resolution shall supersede all previous

resolutions. Chairman or designee authorized to sign all

pertinent documents.

To appoint Erica Deleon, as Inchelium District (2nd)

Alternate to the Elections Committee for the 2013 Colville

Business Council Election. This resolution shall supersede

all previous resolutions. Chairman or designee authorized to

sign all pertinent documents.

To approve Research Permit Application 2013-02,

"Freshwater Mussel Surveys on the Upper Columbia River,

Washington", by Julie Campbell, U.S. Fish & Wildlife

Service. Ms. Campbell will adhere to the Research

Ordinance 6-6. The Fish & Wildlife, Environmental Trust

and History & Archaeology programs will review and

comment on the project before it is published. A final copy

of the project will be forwarded to these programs and the

Archives & Records Center by April 30, 2014. The Colville

Business Council reserves the right to impose/collect fees if

the final report is published.

To approve Research Permit 2013-04, "EPA's National

Rivers and Streams Assessment", by Jenny Hall, Washington

Dept. of Ecology. Ms. Hall will adhere to the Research

Ordinance 6-6. The Environmental Trust and History &

Archaeology programs will review and comment on the

section of the project that pertains to the Colville

Reservation by December 31, 2013. A final copy of the

project will be forwarded to these programs and the Archives

& Records Center by September 30, 2016. The Colville

Business Council reserves the right to impose/collect fees if

the final report is published.

To approve Research Permit Application 2013-05, "The

Archaeology of Obsidian Occurrence Along the MidColumbia River, WA", by Sonya Kassa and Patrick T.

McCutcheon, Central Washington University. Applicants

will adhere to the Research Ordinance 6-6. Further

Special Session

May 2nd, 2013

Trisha Jack, CBC Recording Secretary

8 FOR (EB, WN, JSOMDAY, BM, BN, JB, RS,

LPH)

0 AGAINST

2 ABSTAINED (AJ and NJ)

9 FOR (EB, WN, JSOMDAY, BM, BN, JB, NJ,

RS, LPH)

0 AGAINST

1 ABSTAINED (AJ)

10 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS, LPH)

0 AGAINST

0 ABSTAINED

10 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS, LPH)

0 AGAINST

0 ABSTAINED

10 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS, LPH)

0 AGAINST

0 ABSTAINED

9 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

RS, LPH)

0 AGAINST

0 ABSTAINED

*Out of the Room (NJ)

8 FOR (WN, AJ, JSOMDAY, BM, BN, JB, RS,

LPH)

0 AGAINST

0 ABSTAINED

*Out of the Room (EB and NJ)

8 FOR (WN, AJ, JSOMDAY, BM, BN, JB, RS,

LPH)

0 AGAINST

0 ABSTAINED

Page 3

2013-343.l&j

conditions and/or agreements with the CCT

History/Archaeology Program are required and, a copy of

the report will be forwarded to same for review and

comment prior to publication of the original project. A copy

of the final project will also be provided to H/A and the

Archives & Records Center by June 30, 2014. The Colville

Business Council reserves the right to impose/collection fees

if the final project is published.

To direct Mark Underhill to serve as counsel to Richard

Desautel in the pending prosecution arising out of hunting in

Arrow Lakes or Sinixt territory in British Columbia.

*Out of the Room (EB and NJ)

9 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

RS, LPH)

0 AGAINST

0 ABSTAINED

2013-344.l&j

2013-345.l&j

To approve in the spirit of fairness and tolerance, exercising

our authority as a sovereign nation, the Colville Business

Council Law & Justice Committee support and

acknowledges same-sex marriage. The Colville Tribes want

to ensure that the dignity of equal rights are offered to all it's

members. These fundamental rights provide opportunities,

free from discrimination, to pursue health, happiness and

social progress. The Colville Business Council directs

human resources, benefits and other programs to implement

a plan to include same-sex marriages in tribal benefits and

by the Tribal Court.

To authorize the Chairman or his designee to sign the

attached Protocol Agreement with the Okanogan Nation

Alliance on Collaboration on the Columbia River Treaty.

*Out of the Room (NJ)

9 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

RS, LPH)

0 AGAINST

0 ABSTAINED

*Out of the Room (NJ)

9 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

RS, LPH)

0 AGAINST

0 ABSTAINED

2013-346.m&b/cdc

To approve Amendment Number 2 to the Project Summary

and Memorandum of Agreement between IHS and the

Colville Confederated Tribes for IHS Project PO-09-L00,

Inchelium Water Source. The purpose of this amendment is

to increase the scope of the project by adding a second well

at the Schaeffer Point well site. Also included are changes

to address the potential for surge pressures and to improve

the ability to operate and maintain the system. The

procurement method is changed from Federal procurement

to Tribal procurement, and as part of this project the Tribe

will provide for the services of a construction inspector for

day-to-day observation of construction. Chair or designee is

authorized to sign all relevant documents.

Special Session

May 2nd, 2013

Trisha Jack, CBC Recording Secretary

*Out of the Room (NJ)

9 FOR (EB, WN, AJ, JSOMDAY, BM, BN, JB,

NJ, RS)

0 AGAINST

1 ABSTAINED (LPH)

Page 4