COLVILLE CONFEDERATED

COLVILLE CONFEDERATED

TRIBES

COLVILLE BUSINESS

COUNCIL

SPECIAL SESSION

November 4, 2010

Resolution Index

Condensed by, Char Samuels, CBC Recording Secretary

Council Members Present:

Delegation/Absent:

Resolution No.

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Ernie Williams, Michael Finley, Sylvia Peasley, Andy Joseph Jr., Ricky Gabriel, Brian

Nissen, Susie Allen, Harvey Moses Jr., Virgil Seymour, John Stensgar

Shirley K. Charley, Cherie Moomaw, Michael Marchand, Doug Seymour

Condensed Recommendation Information

Colville Business Council Vote Tally

To approve the attached three year contract with Curtis

Slatina, Civil Deputy Prosecutor in the Office of Prosecuting

Attorney. The recommendation further authorizes the

Chairman or designee to sign all necessary documents.

To approve the Memorandum of Agreement (MOU) for the

US 2 Wenatchee Bridge Replacement of Chiwaukum Creek

Bridge Replacement Project. The project area falls within the

traditional territory of the Wenatchi Tribe. The CCT will be

signing as a concurring party. This authorizes the Chairman

or designee to sign documents related to this project.

To appoint Mel Tonasket as the Interim Executive Director of

the Lake Roosevelt Community Health Centers (LRCHC); the

LRCHC Board of Directors will advertise the position and

negotiate the contract. Furthermore, to modify the LRCHC

Board of Directors from fourteen (14) members to ten (10)

and the board will appoint those positions recently vacated.

All aspects of this resolution are to be effective immediately.

To amend the Arrow Lakes “Sinixt” Hunting Regulations in

accordance with attached copy.

To approve the cost share MOA with PUS No. 2 of Grant

County (GPUD) and BPA. The MOA provides for GPUD to

contribute $10 million toward capital costs of the Chief

Joseph Hatchery, 18.3% of the ongoing operation and

maintenance costs of the hatchery, and, if the Okanogan weir

is built, 18.35 of the capital and O&M costs of weir. This

authorizes the Chairman and/or designee to sign all pertinent

documents.

To approve three closely related agreements with BPA and

the Corps of Engineers essential to the timely construction

and operation of Chief Joseph Hatchery. The MOA

establishes a framework for CCT, BPA and the Corps to

construct and operate the hatchery and reconfirms BPA’s

obligation to fund construction and operate the hatchery and

reconfirms BPA’s obligation to fund construction, operation

and maintenance. The lease and easement are required to

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construct and operate the hatchery on Corps property and to

construct utilities and infrastructure necessary for the

hatchery’s water supply system. This authorizes the Chairman

and/or designee to sign all pertinent documents.

To approve the CCT Head Start grant application for the 3rd

year of the three year grant in the amount of $1,053,254

which consists of $845,603 of Federal Funds and $210,651 of

Non-Federal cash match funds. This grant provides Head

Start Services to children in the Nespelem, Omak, Keller and

Inchelium Districts. Funds to come out of the General Fund.

The Chair or his designee is authorized to sign all documents

pertaining to this grant.

To enter into a Memorandum of Understanding (MOU) with

Spirit of The Sun, a non-profit organization, to become a pilot

project for the development of their economic model for

Indian Tribes. The Colville Tribes recognizes the need for

economic impact models that relate to Indian Country and are

eager to be a Tribe that helps develop such a model. No

additional tribal dollars are necessary for this MOU and the

Chair or designee has authority to sign all related paperwork.

To approve the Indian Nation Program Agreement by and

between the State of Washington Department of Social &

Health Services and the Confederated Tribes of the Colville

Reservation for the purpose of read-only, web-based secured

access to the Automated Client Eligibility System (ACES),

Support Enforcement Management System (SEMS), and

Employment Security Department Earning (ESA) Data for

case management. The agreement end date is September 30th,

2013. The Chairman or designee is authorized to sign.

To approve the attached Requisition and Recommendation to

Purchase (Purchase Order) for services contracted by the

Behavioral Health Program with Marcella Ronyak for

FY2011. Chairman or designee to sign all relevant

documents.

To uphold the unanimous decision of the Colville Tribes Land

Use Review Board done during public hearing on October 7,

2010 to approve a Conditional Use Variance under Chapter

4.3 Land Use and Development Code for Gail Kuehne to

replace a burned out mobile with a new modular home within

the Hells Gate Game Management district. The attached staff

report includes the Tribal Code Sections that apply to this

development of a non conforming use by the issuance of a

variance with conditions. The property location is commonly

known as 121 John Tom Creek Road located on trust property

101-5639 within Township 29, Range 33, Section 10 and is

within the boundaries of the Colville Indian Reservation.

To Approve the attached Requisition and Recommendation to

Purchase (Purchase Order) for services contracted by the

Behavioral Health Program with ADJR/Deb Oriero for

FY2011. Chairman or designee to sign all relevant

documents.

To approve amendment to the Key Bank-CTFC financing

Special Session November 4, 2010

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agreement, described in the attached commitment letter, for

the purchase of additional gaming machines in accordance

with the Tribes’ newly-acquired machine rights. The

Chairman or designee shall be authorized to sign all related

documents.

To reauthorize, for a five-year period (through 2016), all

current recently expired contracts and annual funding

agreements between the Tribes and the Bureau of Indian

Affairs or the Indian Health Service under the Indian SelfDetermination and Education Assistance Act, Pub. L. No. 93638, as amended. Chairman or designee is authorized to sign

all necessary documents.

To authorize the Executive Director to negotiate a contract

with the applicant selected for IT Division Director and to

present to the Management & Budget Committee for

approval.

To approve the release of IIM/181-D funds for Tribal

Member Seth Brooks, dob: 12/16/92 – account #101P014929

& #101J014929. Seth has been diagnosed with Osteosarcoma.

He is currently facing a recurrence of his cancer. Due to his

medical condition, and treatment plans he has requested an

early release of his funds. I have the necessary

documentation for this request and request Tribal Council

support by resolution as required to carry out the transactions.

To accept the Washington State Parks and Recreation

Commission’s grant of Fort Okanogan State Park, subject to

the terms and conditions of the Governor’s deed. Chairman or

designee is authorized to sign all documents.

To approve the attach “Fee to Trust Conversion Priority List”

dated this 2nd day November, 2010 to establish an order of

precedence and direction to the Bureau of Indian Affairs

regarding priority land conversion. Chairman or designee to

sign any pertinent documents.

To rescind Resolution 2010-368 In its entirety. (To declare

the Finley family property a key tract for appraisal purposes.)

To approve Fish and Wildlife Department’s promotion policy

to the Colville Business Council. This policy was developed

by Fish and Wildlife staff in consultation with the Human

Resources Director and a contractor who specializes in

Human Resources Development, and is part of Fish and

Wildlife’s overall efforts to provide expanded leadership and

employment opportunities to enrolled Colville Tribal

members. The Chair or designee is authorized to sign all

pertinent documents. No Tribal dollars attached.

To approve the attached 2010-2011 Tribal Member Trapping

Regulations. This authorizes the Chairman and/or designee to

sign all pertinent documents.

To recommend the approval and implementation of this Wild

Horse Management Plan. This plan will guide management

decisions in order to protect the reservations resources and

ensure the health of a sustainable wild horse population in the

future.

Special Session November 4, 2010

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To transfer the following property from Colville Tribal Credit

Corporation to the Confederated Tribes of the Colville

Reservation: Lot Twenty Three (23), Block four (4), NORTH

TWIN LAKEVIEW ADDITION to Ferry County, as per Plat

Volume 1, page 105, records of Ferry County, Washington.

Valued at $38,000.00. The Chairman or designee is

authorized to sign all pertinent documents.

To bring all leases back to the table, that have an impact on

Owhi Creek Watershed, above and below Owhi Lake. To

have Environmental Trust investigate removal of all manmade biremes and dikes. And to bring back to future Natural

Resource Committee, investigation results and costs.

To create and participate in an intertribal Tribal Advisory

Council to the Secretary of USDA. The Tribal Advisory

Council would allow tribes to have a stronger voice in

funding allocation and appropriations involving the NRCS

and eventually all USDA programs. This recommendation

would allow the Colville Business Council to initiate the

adoption of a resolution at ATNI in support of the advisory

council and it would require an appointed representative from

the CBC and/or their appointee. Effective Immediately.

To approve the attached “Timber Use Policy” for the 3(three)

year period beginning FY2011 through FY2014. This

recommendation supersedes all previous recommendations.

Effective upon approval.

To proceed with the conveyance of the Richard and Carole

Parkhurst undivided interest ownership in the following tax

parcel numbers: 4031252014, 4031252013, 1031252012,

1031252011, 4031252010, 1031252007 with S25 T40 R31,

Okanogan County, Washington. The Colville Tribes is

authorizing the gift deed conveyance of the undivided interest

ownership on or before December 17, 2010. Upon

conveyance, property to be immediately transferred from fee

to trust status. Funds for associated recording and conveyance

costs to be disbursed from the Land Purchase/Wells Dam 1/3

account. Chairperson or designee to sign all pertinent

documents and legal instruments.

To purchase the Edith Crofoot fee property located off Omak

Eastside Road, Omak, to include tax parcel no. 3427160001,

legally described as the W1/2 E1/2 SW SW NE, W1/2 SW

SW NE, E1/2 E1/2 SE SE NW, E1/2 SW, W2 W1/2 SE,

W1/2 E1/2 W1/2 SE, W1/2 E1/2 E1/2 W1/2 SE, T34N,

R27E, S16 E. W.M., Okanogan County, Washington. The

Colville Tribes is authorizing the purchase of the property to

be immediately transferred from fee to trust status. Funds for

purchase and associated closing costs to be disbursed from the

Land Purchase/Well Dam 1/3 account. Chairperson or

designee to sign all pertinent documents and legal

instruments.

To purchase the John White fee property located off Madd

Mountain Road, Omak, to include tax parcel no. 3226021001,

legally described as Lot 1 NE NE, T32N R26E, S02 E.W.M.,

Special Session November 4, 2010

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Okanogan County, Washington. The Colville Tribes is

authorizing the purchase of the property in the amount of

$30,000.00 with a closing date of on or before November 30,

2010. Upon purchase, property to be immediately transferred

from fee to trust status. Funds for purchase and associated

closing costs to be disbursed from the Land Purchase/Wells

Dam 1/3 account. Chairperson or designee to sign all

pertinent documents and legal Instruments.

To approve the FY2011 award for the Big Horn Sheep

Project in the amount of $177,416.00 from the US Fish and

Wildlife and a cost share with existing funding of $55,917.00

from the Colville Tribes Fish and Wildlife Program. Contract

will run from October 1, 2010 until September 30, 2011.

Chairman or designee is authorized to sign all pertinent

documents.

To recognize that elevated levels of mercury have been

indicated throughout the Colville Reservation with

preliminary modeling of aerial releases from the Tech

Cominko’s Trail, BC facility; and

WHEREAS, additional modeling is needed to evaluate the

risk to Tribal Members from consumption of fish from upland

lakes; and

WHEREAS, Fish and Wildlife have $100,000.00 in carry

over funding from CRI annual Resident Fish Enhancement

funding.

It is the recommendation of the Natural Resources Committee

to approve a Contract Change Order with Environmental

International to sub contract air modeling studies to assist in

the determination of the potential impacts from Tech

Cominko’s aerial releases of mercury on Tribal uplands. This

authorizes the Chairman and/or designee to sign all pertinent

documents.

To accept T3 Ranch LLC, Nathan Townsend bid on Colville

Tract No. 101-TR1.

DESCRIBED AS: 101-TR1-E ½ NE1/4 of Section 12,

Township 33 North, Range 26 East, and Lots 2 &3, SE1/4

NE1/4, and the NE1/4 SW1/4 of Section 7, Township 33

North, Range 27 East, Willamette Meridian, Okanogan

County, Washington, containing 237.10 acres, more or less.

TERMS: 5 years, date of approval.

RENTAL: 1/3 crop share lessee proposed improvements are

noxious weed control, fence maintenance, erosion control,

crop rotation and portion of farm ground currently planted is

canola.

To accept H. Thomas Poole farm/pasture bid on Colville

Tract No. 101-T613

DESCRIBED AS: W1/2W1/2 W1/2 NE1/4 and the E1/2

NW1/4 of Section 19, Township 31 North, Range 27 East,

Willamette Meridian, Okanogan County, Washington,

Containing 100.00 acres, more or less.

TERMS: 5 years, Date of Approval.

RENTAL: 1/3 crop share per annum, lessee proposed Spring

Special Session November 4, 2010

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Wheat in 2011, Winter Wheat in 2013 and 2015 with Summer

fallow in 2012 and 2014. CRP (if available) during the lease.

BOND: $3,600.00 LEASE FEE: $72.00

Entire term of lease will be subject to Fair Market Rental

value.

To accept Maurice Joy farm/pasture bid on Colville Tract No.

101-T5317.

DESCRIBED AS: W1/2 NE1/4, E1/2 E1/2 NW1/4 of Section

15, Township 30 North, Range 26 East, Willamette Meridian,

Okanogan County, Washington, Containing 120.00 acres,

more or less.

TERMS: 5 years, Date of Approval.

RENTAL: 1/3 crop share per annum, lessee proposed tract is

farmed Wheat in the SW1/4 and not farmed in the SE1/4

because it is currently in CRP until 2014 after that he will

farm in rotation.

BOND: $3,600.00

FEE: $72.00

Entire term of lease will be subject to Fair Market Rental

value.

To approve the final report for Timberline fire and the

remaining funds ($3,064.51) from the specific BAER project

be returned to the Bureau.

To approve the final report for Timberline rehabilitation fire

and the remaining funds ($46,437.80) from the specific

BAER project be returned to the Bureau.

To offer the TERO Director Employment Contract to Geoff

Miller. Final contract to be brought back to Education &

Employment Committee for final approval. Chairman or

designee to sign.

To fund the purchase of 2 (two) cargo containers, portable

aluminum ramps and construction of permanent ramps as

required. The total cost for these items are not to exceed

$150,000.00. Funds to come from the Wells Dam 1/3 Elders

& Youth account. Chairman or designee is authorized to sign

all pertinent documents.

To establish contracts with Rebecca Stolz, CPA, and

LeMaster Daniels CPA’s and Advisors, to work under the

direction of the Comptroller to prepare for the 2010 audit and

train staff. Total cost is not to exceed $115,000.00. Funding to

come from F&W BPA Administrative Contract (9108).

Chairman or designee is authorized to sign all pertinent

documents. No Tribal dollars attached.

CBC has authorized the issuance of an RFQQ soliciting

interest in providing architectural/engineering services for a

proposed Tribal Center, and,

WHEREAS, 13 architectural/engineering firms have

indicated interest in providing these services to the Tribes;

and,

WHEREAS, the range of fees for the most competitive firms

is $194,900.00 - $290,000.00;

THEREFORE, BE IT RESOLVED, that the Management &

Budget/Community Development Committees recommend

Special Session November 4, 2010

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that the Colville Business Council approve the expenditure of

not more than $290,000.00 for these services. Funds to come

from the 1/3 Wells Dam Economic Development account.

The Chairman or designee has authority to sign all pertinent

documents.

To approve funding for Tribal Snowplowing services for

FY2011 not to exceed $100,000.00. Funds to be allocated

from 1/3 Wells Dam Elders & Youth fund. Funds to be

deposited into existing Snow Plow account 78363410.

Chairman and/or designee to sign all pertinent and necessary

documents.

To approve and continue to partner with the Okanogan

County Transportation & Nutrition program in FY11 – FY13

for the Colville Tribal Access Commuter Project and agree to

contribute 15% grant annual matching requirements not to

exceed $30,000.00. Funds to be allocated annually from 1/3

Wells Dam Economic Development fund. Chairman and/or

designee to sign all pertinent and necessary documents.

To approve the Transfer Agreement for Indian Health Service

Project PO-04-J93, rehabilitation of the Nespelem community

sewer system. The IHS proposes to transfer, assign, and

convey to the Town of Nespelem, without a money

consideration, and under the terms and conditions set forth in

the MOA and the Project Summary, as amended, all the

rights, title, and interest of the IHS under this project in all

community facilities and appurtenances constructed by the

IHS.

To approve and sign the Transfer Agreement (TA) for Indian

Health Service Project PO-04-J93 on the Colville Indian

Reservation and authorize the Chairperson of the Colville

Business Council or authorized designee to sign all pertinent

documents.

To donate $3,000.00 to Captik wl ?alusqilxw. This is a

gathering that stories will be told from fluent elders in the

Salish language December 1, 2010 in Inchelium, WA. This

gathering will be serving a lunch and dinner and is a free

event open to the public. Funds to come from the Well Dam

1/3 Youth and Elders Account.

To initiate a resolution to authorize the Colville Confederated

Tribes to contribute funds in the amount of $16,000.00 in

order to complete the community water project for the Town

of Nespelem as outlined in the project summary for IHS

Project PO-07-K79. The total additional funds required to

complete this project are $24,000.00. The Colville Business

Council and Colville Indian Housing Authority agree to

Contribute an additional $8,000.00 each. The Town of

Nespelem will be required to contribute $8,000.00 in order for

this recommendation to take effect.

To submit a letter to Indian Health Service for a revocable

license for Building #20. The Chairman or designee

authorized to sign all pertinent documents.

To accept the contract from Department of Health (DOH)

Special Session November 4, 2010

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Tribal Public Health Emergency Preparedness in the amount

of $58,414.00 for July 1, 2010 – August 9, 2011 and

authorize the Chairman or designee to sign all pertinent

documents.

To approve the contract for FY2011 Supplemental Nutrition

Assistance Program Education (SNAP-ED) in the grand total

amount of $80,246.00 including $4,398.00 indirect;

$24,075.00 Local match (no tribal dollars required – inkind is

local match) and USDA monies total $56,174.00 October 1,

2010 – September 30, 2011 and authorize the Chairman

and/or designee to sign all pertinent documents. No Tribal

dollars are required.

To initiate a Tribal Chairman Physical Fitness Award. This

award program will be designated to the Tribal Health and

Diabetes Program to follow through with.

To approve FY2011 Contract for Environmental International

LTD for work related in Teck Cominco Litigation-General

consulting expert services as requested to support attorney

(SCB) in the Litigation and in addressing the issues that arise

from the prosecution of the Litigation at the UCR Site (“the

Services”). Chair or designee to sign.

To request a budget modification on the 2010-571 budget.

Move $20,000.00 dollars from the 571.69930 (Property

Insurance) to 571.63000 (Professional Fees). The

modification is needed to pay our police software (Spillman)

bill for services. This bill was not paid earlier due to program

deficiencies that were not repaired until 2010.

To approve the contract from Claw Construction for the

amount of $72,000.00 dollars to replace the roof of the Law &

Justice building. The cost of the roof is being covered by

Conover Insurance and the Police Department will be paying

up to $5,000.00 dollars deductable. Chairman or designee is

authorized to sign all related documents.

To authorize expenditure of $70,000.00 for purchase of part

of the Fred Von Ronk Collection representing the sites and

burials of the CCT. Funds to come from the Wells Dam 1/3

Economic Development Fund. Chairperson or designee has

authority to sign all documents.

To rescind Resolution 2004-545 and approve the attached

organizational chart authorizing the reorganization of the

CBC Support Staff Positions. This reorganization will

institute one Executive Assistant Position, which will report

directly to the Colville Business Council Chairman. One

Administrative Assistant Position, which will report directly

to the Colville Business Council Executive Committee. The

Administrative Assistant will handle issues pertaining to the

Colville Business Council including the supervision of three

Office Assistant IV positions, one Recording Secretary/Office

Assistant IV position, and one Transcriptionist/Office

Assistant III position. Each position and grade of pay will not

be effected with the removal of Tribal Administrative duties

such as Switchboard Operator and Mail Clerk.

Special Session November 4, 2010

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0 AGAINST

0 ABSTAINED

8 FOR (SP, AJ, BN, SA, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

9 FOR (EW, SP, AJ, BN, SA, HM, RF, VS,

JS)

0 AGAINST

0 ABSTAINED

9 FOR (EW, SP, AJ, BN, SA, HM, RG, VS,

JS)

0 AGAINST

0 ABSTAINED

Page 8

2010-814.tg

Relinquish Willene Leah Redthunder

2010-815.tg

Relinquish Maranda Rose James

2010-816.tg

Relinquish Michael Terrance Laramie

2010-817.e&e/m&b

To approve the PSIS Principal Contract for 2010-11, for

Raymond Leaver. CBC Chairperson or designee to sign all

related documents pertaining to this contract.

2010-818.e&e/m&b

2010-819.e&e

2010-820.e&e

2010-821.e&e

2010-822.tg

2010-823.tg

2010-824.tg

To approve the PSIS Certified Teacher Contract for 2010-11,

for Pamela Patrick. CBC Chairperson or designee to sign all

related documents pertaining to this contract.

To support the attached Ten point Covenant and appoint the

Education & Employment Committee Chairman to act as a

Tribal liaison to the Gonzaga Team Leaders.

To support the request of Bonneville Power Administration

representatives and consensus of the Colville Business

Council to appoint Pete Palmer to the Chief Joseph Hatchery

Project as the liaison for the Colville Tribes and mediator for

TERO. This appointment will last for the duration of the

project.

To authorize the comptroller to set-up an account for the

purposes of accepting tax exempt donations for the Northwest

Indian Youth Conference.

To allow the Enrollment Department to approve a Fire Grant

in the amount of $1,000.00 to Charlene Boyd (Samuels).

To allow the Enrollment Department to approve a Fire Grant

in the amount $1,000.00 to Lucas Adolph.

To rescind Resolution #2006-663 in its entirety and to

authorize the Enrollment Department to provide Descendant

letters for individuals who are first, second, or third

generation descendents. The Enrollment department is

authorized to require descendents to provide an Original

Certified Birth Certificate and proof of paternity. Paternity

testing can be requested and is at the discretion of the

Enrollment Officer. If DNA testing is required, descendant is

responsible for the cost of each individual tested. The cost of

each Descendency letter is $30.00.

Special Session November 4, 2010

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

9 FOR (EW, SP, AJ, BN, MM, HM, RG,

VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, SP, AJ, BN, HM, RG, VS, JS)

0 AGAINST

0 ABSTAINED

8 FOR (EW, MF, SP, AJ, BN, HM, RG, JS)

1 AGAINST (VS)

0 ABSTAINED

Page 9