COLVILLE CONFEDERATED TRIBES (2019)

COLVILLE CONFEDERATED TRIBES

COLVILLE BUSINESS COUNCIL

Special Session

June 6th, 2019

Resolution Index

Condensed by, Naomi Yazzie, Executive Office Assistant

Present:

Rodney Cawston, Andy Joseph Jr., Karen Condon, Jack Ferguson, Richard Swan Sr., Susie

Allen, Margie Hutchinson, Janet Nicholson, Richard Moses, Joseph Somday, Joel Boyd,

Darnell Sam

Delegation:

Norma Sanchez, Marvin Kheel

Resolution No.

2019-290.e&e

10-Signature

2019-291.hhs

10-Signature

2019-292.hhs

10-Signature

2019-293.nrc

10-Signature

2019-294.nrc

10-Signature

Condensed Recommendation Information

To approve the attached MOU between the 21st Century

Community Learning Center and the Confederated Tribes of the

Colville Indian Reservation. Chairman or designee authorized

to sign all pertinent documents. No Tribal dollars.

To authorize the Chairman or Vice-Chairman to sign the

attached "Indian Nation Program Agreement Amendment

General Terms and Conditions" which will extend the current

agreement between CFS and Washington’s Department of

Children, Youth, and Families until June 30, 2020.

Colville Tribal Convalescent Center has a significant staffing

shortage and needs to move monies from budgeted salaries and

fringe line items to Agency Nursing line items to provide

adequate nursing department staff. The Convalescent Center is

moving monies within their approved budget so no additional

monies are needed.

To approve the Consultant Contract and purchase order with the

United States Department of Agriculture Forest Service Coeur

d'Alene Nursery for the amount of $107,463.82. This contract

and purchase order is for sowing and growing of 253,233

conifer tree seedlings for Omak/Nespelem District Forestry for

Spring FY 2020 planting in the Northstar Fire area. No tribal

dollars to be used in funding this requisition. Chairman or

designee is authorized to sign all pertinent documents.

To approve the Consultant Contract and purchase order with the

Special Session

June 6th, 2019

Naomi Yazzie, Executive Office Assistant

Colville Business Council

Vote Tally

10 FOR (JB, JS, KC, AJ, DS,

RM, NS, RS, JF, MK)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (AJ, JB, RM, JN, DS,

JS, MK, JF, SA, NS)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (AJ, RM, RS, DS, JN,

NS, JF, JB, MH, MK)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JS, AJ, RM, RS, JN,

DS, NS, JF, JB, MH)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JS, AJ, RM, RS, JN,

DS, NS, JF, JB, MH)

Page 1 of 8

2019-295.nrc

10-Signature

2019-296.m&b

2019-297.m&b.l&j

2019-298.m&b.cdc

2019-299.m&b.cdc

2019-300.m&b

2019-301.tg

United States Department of Agriculture Forest Service J.

Herbert Stone Nursery for the amount of $290,947.44. This

contract and purchase order is for sowing and growing of

692,732 conifer tree seedlings (531,932 seedlings for

Omak/Nespelem District Forestry and 160,800 seedlings for San

Poil District Forestry) for Spring FY 2020 planting in the

Northstar Fire area. No tribal dollars to be used in funding this

requisition. Chairman or designee is authorized to sign all

pertinent documents.

To approve for permission to apply for the USFWS Pronghorn

Antelope Reintroduction Grant in the amount of $141,722 and

authorize the Chairman or his/her designee to sign all pertinent

documents. Attached is Grant application. No Tribal dollars

associated.

To approve the 2019-2020 Insurance Premiums in the amount of

$1,978,473.75. These are tribal dollars with partial

reimbursement through 638 contracts, and grant dollars. To

authorize the Chairman or designee to sign all pertaining

documents and approve monthly payments to Conover

Insurance.

To move the vehicles insurance reimbursement from FY 2018 to

FY 2019. No matching dollars. No additional dollars. No

indirect. Chairman or designee authorized to sign all documents

pertaining to this recommendation.

To approve CCT DOT for New 638 Administration Contract for

Operation and Maintenance functions, the budget amount of

$2,409,072.00. No Tribal dollars. Chairman or designee to sign

all pertinent documents.

To approve CCT DOT for New 638 Contract for Bosie Haul

Road Project, budget amount of $982,878.00. No Tribal dollars.

Chairman or designee to sign all pertinent documents.

To authorize Colville tribal staff to proceed with planned

development, financing, and construction of the Colville

Treatment Facility.

Whereas, it is the recommendation of the Management &

Budget Committee to pursue financing up to $18,000,000.00 to

be arranged by Key Bank National Association. The proceeds

of the loan will be used for (i) paying construction costs; and (ii)

providing leverage loans to secure new market tax credits.

Provided that the final form of all loan documents will remain

subject to approval by the Colville Business Council. Chair or

designee to sign all pertinent documents.

To nominate Andy Joseph Jr., for the National At-Large

Special Session

June 6th, 2019

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

Rationale: Timelines

10 FOR (JS, DS, AJ, JN, MH,

SA, NS, KC, JB, MK)

0 AGAINST

0 ABSTAINED

Rationale: Timelines

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

10 FOR (AJ, JF, RS, SA, MH,

JN, RM, JS, JB, DS)

1 AGAINST (KC)

0 ABSTAINED

10 FOR (KC, JF, RS, SA, MH,

JN, RM, JS, JB, DS)

Page 2 of 8

2019-302.tg

2019-303.tg

2019-304.tg

position on the Department of Health & Human Services

Secretary's Tribal Advisory Committee (STAC). Chairman or

designee authorized to sign the attached nomination letter.

To approve the 2019 August Elder Quarterly Stipend, from

account PL75747012, in the amount of $350.00 to each eligible

tribal member age 55 and older of the Confederated Tribes of

the Colville Reservation. Elder Stipend shall be distributed on

or before July 29, 2019. Eligibility for the Elder Stipend shall

be: age 55, enrolled and living as of midnight of June 21, 2019.

The following shall not apply to the 2019 August Elder Stipend:

Debt Set-Off Ordinance and Retro Active Payments.

Department hold list is due June 21, 2019. The following

departmental holds shall be approved for deposit into the tribal

members IIM account:

1. Social Services (Regular) - Court Order/Voluntary consent

for adults.

2. Enrollment - Deceased Elders/Unclaimed Checks past 90

days.

To approve a $200.00 Per Capita from account PL7219709 to be

distributed on or before August 12, 2019 to each eligible tribal

member of the Confederated Tribes of the Colville Reservation.

Eligibility requirements: must be enrolled/adopted/living as of

June 7, 2019; the following deadlines shall apply: Official Court

Orders for Minors and Adults June 17, 2019; Emergency

Custody Court Orders July 15, 2019; Department hold list June

17, 2019. The following shall not apply: Retro-Active

payments. The following departmental holds are approved and

shall apply:

1. Children & Family Services Court Orders/Voluntary

consent for minors and adults

2. Social Services

Court Orders/Voluntary

consent for minors and adults

3. Child Support

Court Orders/Voluntary

consent

4. Enrollment Department

Court Orders/Voluntary

consent/Administrative Error's for minors and adults/Emergency

Services/Unclaimed checks past 90 days

5. Tribal Credit

Per Resolution #2018-726

To accept the Colville Tribal Relinquishment request of Michele

Christine Pierre on the current Colville Tribal Membership Roll.

0 AGAINST

1 ABSTAINED (AJ)

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

2019-305.tg

To adopt Cylee Tai Picard as applicant meets requirements of

Section 8-1-60 of Enrollment Ordinance and Constitution of the

Confederated Tribes of the Colville Reservation.

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

Special Session

June 6th, 2019

Naomi Yazzie, Executive Office Assistant

Page 3 of 8

2019-306.tg

2019-307.tg

2019-308.e&e

2019-309.e&e.hhs

2019-310.e&e

2019-311.nrc

2019-312.nrc

2019-313.nrc

2019-314.nrc

2019-315.nrc

To adopt Kay Kindness Nissen as applicant meets requirements

of Section 8-1-60 of Enrollment Ordinance and Constitution of

the Confederated Tribes of the Colville Reservation.

To adopt Layla Lee Everybodytalksabout as applicant meets

requirements of Section 8-1-60 of Enrollment Ordinance and

Constitution of the Confederated Tribes of the Colville

Reservation.

To appoint Joel Boyd as the delegate for the Tribal Leaders

Congress (TLC) on Education. Chairman or designee to sign all

pertinent documents.

To authorize the submission of the attached letter providing

comments on IHS's Draft Community Health Aide Program

Policy. Chairman or designee to sign all pertinent documents.

To approve the Memorandum of Understanding between

Enrollment and the Child Support Program regarding the

sharing of paternity testing information, as authorized by

Chapter 5-1-244 of the Colville Law and Order Code.

Chairman or designee to sign all pertinent documents.

To approve budget modification #1 for Regional Conservation

Partnership Program (Resolution 2014-399) in the amount of

$908,500 and authorize the Chairman or his/her designee to sign

all pertinent documents. Attached is budget mod #1. No Tribal

dollars associated.

To approve the Sinixt Fishing Regulations, and the Chairman or

his/her designee to sign all pertinent documents. Attached are

the regulations.

To approve the 2019 Chief Joseph Dam Tailrace Summer/Fall

Chinook Fishery Regulations and 2019 Okanogan & Columbia

Rivers Summer/Fall Chinook Fishery Regulations and 2019

Okanogan & Columbia Rivers Sockeye Salmon Fishery

Regulations and authorize the Chairman or his/her designee to

sign all pertinent documents. Attached is the 2019 Summer

Fishing Regulations.

To a ro e the

CC n

w

nting eg ations

in order to promote sustainable, subsistence harvest. These

regulations will be in effect for this hunting seasons and will aid

in the consistent management and protection of Tribal

Resources. The Chair or designee is authorized to sign all

pertinent documents.

To a ro e the

CC snʕ yckst

nting eg ations in

Special Session

June 6th, 2019

Naomi Yazzie, Executive Office Assistant

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

10 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, DS)

0 AGAINST

1 ABSTAINED (JB)

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

10 FOR (AJ, KC, JF, RS, SA,

JN, RM, JS, JB, DS)

1 AGAINST (MH)

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

Page 4 of 8

2019-316.nrc

2019-317.nrc

2019-318.nrc

2019-319.nrc

2019-320.nrc

order to promote sustainable, subsistence harvest. These

regulations will be in effect for this hunting seasons and will aid

in the consistent management and protection of Tribal

Resources. The Chair or designee is authorized to sign all

pertinent documents.

To approve the 2019 CCT Off-Reservation Hunting Regulations

in order to promote sustainable, subsistence harvest. These

regulations will be in effect for this hunting seasons and will aid

in the consistent management and protection of Tribal

Resources. The Chair or designee is authorized to sign all

pertinent documents.

To approve contact with Valley Lumber Inc. Okanogan to

provide all materials, labor and services for a woodstove change

out program. No Tribal funds needed, Chairman or designee to

sign.

To approve and accept the offer to consolidate within the

Caroline Edwards Allotment No. 101-1330-L, Lisa Swan

Michel owns an undivided ½ interest; Lisa Swan Michel would

like to purchase her home back from the Colville Confederated

Tribes undivided 2/12 interests negotiated at $625.30.

Allotment described as:

101-1330-L: and undivided 2/12 interest within A Parcel of land

situated in the S-½ NE-¼ SE-¼ of section 35, Township 33 N,

Range 36 E, Willamette Meridian, Ferry County, Washington,

described as follows: beginning at the NE Corner of the E-½

SW-¼ SE-¼ of section 35, said township and range; Thence N

89°33' E, 478.38 Feet to the True Point of Beginning; Thence N

89°33' E, 89.54 Feet; Thence N 00°27' W, 236 Feet; Thence S

89°33' W, 89.54 Feet; Thence S 00°27' E, 236 Feet to the point

of beginning, Containing 0.4851 acres, more or less.

Chairman or designee has authority to sign all pertinent

documents.

To approve and accept Chasity Swan, Colville Tribal Member,

to purchase Tribal Tract No. 101-T5469-A, 101-T3940 and 101T4392 per resolution 2018-524 at $10,416.67 an acre, total tribal

acreage 1.81; valued at $18,854.17 (see attached) and paid to the

Colville Confederated Tribes. Described as:

See Exhibit "A" legal description

Chairman or designee has authority to sign all pertinent

documents.

To accept and approve Darlene Giesen, Colville Tribal Member,

Pasture lease application for a lease renewal of the Undivided

Colville Tribe interest of .4087301588% on Tract No. 101-902.

The property is described as:

101-902(por): NW¼SW¼ of Section 2, Township 33 North,

Range 26 East, Willamette Meridian, Okanogan County,

Washington, containing approximately 40.00 acres, more or

Special Session

June 6th, 2019

Naomi Yazzie, Executive Office Assistant

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

10 FOR (AJ, KC, JF, SA, MH,

JN, RM, JS, JB, DS)

0 AGAINST

1 ABSTAINED (RS)

8 FOR (AJ, JF, SA, MH, JN,

RM, JS, DS)

1 AGAINST (KC)

2 ABSTAINED (RS, JB)

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

Page 5 of 8

2019-321.nrc

2019-322.nrc

2019-323.nrc

2019-324.nrc

2019-325.nrc

less. Purpose: Pasture Lease. Terms: 10 year Lease.

Compensation: $4,000.00. Bond: equivalent to one year rent.

Lease Fee: $15.00 (one-time fee). Entire term of lease will be

subject to Fair Market Rental value. Lease subject to conditions

cited in IRMP Coordinator's review. Chairman or designee has

authority to sign all pertinent documents.

To approve and accept the AT&T aka New Cingular Wireless

PCS, LLC for a Revocable Use Permit for staging on Tribal

Tract 101-TR33 (por) where AT&T will be constructing of a

new wireless telecommunications facility, the tribal tract is

described as: 101-TR33: the NW-¼ of section 33, Township 30

N, Range 32 W, Willamette Meridian, Ferry County,

Washington, containing 160.00 acres, more or less. Total tract

acres: 160.00 staging area 0.099673 acres. Term: Six months

upon signature. Compensation: $4,000 for the six months

Administrative Fee: waived. Purpose: State equipment during

constructing of a new wireless telecommunications facility.

Chairman or designee has authority to sign all pertinent

documents.

To approve Alanna Picard, Colville Tribal Member, to purchase

Tribal Tract 101-T109-A per Resolution 2015-436, 2016-356,

and 2018-524 at the appraised value, of $25,000.00. The

property is described as:

101-109-A: That part of the SE-¼ SE-¼ SE-¼ of Section 24,

Township 32 N, Range 30 E, Willamette Meridian, Okanogan

County, Washington, described as follows: Commencing at the

Section Corner Common to Sections 24, 25, and 30; Thence

N.00°17'59"W., 350.54 Feet to the closing section corner

common to Sections 19, 30, and 24; Thence N.00°03'31"E.,

86.13 feet; Thence N.89°57'51"W., 57.54 Feet; Thence S a

distance of 410.61 feet to a point of the Northeasterly Right of

Way Line of Okanogan County Road No. 3683; Thence

S.87°47'42"E., 157.71 Feet; Thence S.09°57'10"W., 20.00 feet

to a point on the S boundary line of Section 234; Thence

S.89°55'30"E., on the said boundary line 104.13 feet to the point

of beginning, containing 2.50 acres, more or less. Chairman or

designee has authority to sign all pertinent documents.

To approve the sale of 60 Coeur d'Alene Drive, Inchelium, WA

to Myra Aubertin. Sale price will be $26,844 according to bid

on item I-1. Chair or designee authorized to sign all pertinent

documents.

To approve the amendments for Chapter 4-15 Shoreline

Management. Process utilizing CBC Procedural Rule 3 (b), (e),

and (g) were followed. Comments have been received during

this comment period. Once approved, a copy shall be forwarded

to the Code Reviser for certification and distribution.

To restrict the use of the following campgrounds and

Special Session

June 6th, 2019

Naomi Yazzie, Executive Office Assistant

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

8 FOR (AJ, JF, RS, SA, RM, JS,

JB, DS)

3 AGAINST (KC, MH, JN)

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

Page 6 of 8

2019-326.nrc

surrounding recreation areas that are adjacent to closed waters,

to enrolled members of the Colville Confederated Tribes, their

families, and their guests (provided that the enrolled member is

present): 23 Mile Creek, Bridge Creek Park, Frosty Meadows,

Gold Lake, Hall Creek, Northstar, Owhi Lake, Round Lake,

Simpson Lake. Whereas, it is authorized to post signage on

Restricted Beach Areas that reads "Restricted Beach Area. For

use by Tribal members, their families, and their guests only. No

drugs allowed". Whereas, it is recommended that the Omak

Lake beach areas located in Sections 29, and 30, T. 32N., R

28E., WMW, be restricted to use by enrolled members of the

Colville Confederated Tribes, their families and their guests

(provided that the enrolled member is present). In addition,

signage will be posted advising the public of this restriction.

This resolution supersedes all previous resolutions regarding

these areas, including, but not limited to, Resolutions 1980-33,

1988-213, 1988-338, 1990-447, and 1993-547.

CONFIDENTIAL

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

2019-327.nrc

CONFIDENTIAL

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

2019-328.nrc

CONFIDENTIAL

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

2019-329.cdc.m&b

2019-330.cdc

To approve CCT DOT to modify A17AV01035 Road

Maintenance budget to reflect carryover award amount of

$755,493.00. No Tribal dollars, Chairman or designee to sign

all pertinent documents.

To approve the attached Colville 2019 Tribal Transportation

Improvement Program (TTIP) table which details the Tribal

Transportation Program fiscal expenditures planned for the

FY2019 and prior year (FY2017-18) remaining carryover

funding. Also, to approve the attached Colville 2019 Long

Range Transportation Plan (LRTP). The LRTP is required to

support the 2019 TTIP and 2019-2020 Inventory Update. The

LRTP identifies the next 20-year potential transportation

improvement projects as known and anticipated at this time.

The regulations as set forth in the Federal Register 25 CFR part

170 were followed and met in the development of the 2019

LRTP and 2019 TTIP.

Special Session

June 6th, 2019

Naomi Yazzie, Executive Office Assistant

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

Page 7 of 8

2019-331.l&j

2019-332.l&j

2019-333.l&j

To approve the Confederated Tribes of the Colville Reservation;

Colville Tribal Police to enter into the Special Law Enforcement

Commission (SLEC) agreement with Bureau of Indian Affairs

(BIA), Office of Justice Services (OJS). (SLEC) Authority to

enter into agreement; Title 25, United States Code, Section 2804

(Pub. L. 101-379), 25 C.F.R. Part 12, and the Tribal Law and

Order Act of 2010 (Pub. L. 111-211). The Chairman or

designee to sign all pertinent documents of this agreement.

To approve the attached MOA between the Tribes and the

Federal Emergency Management Agency, which establishes our

agreement to the terms of use for the Integrated Public Alert and

Warning System (IPAWS). This will allow our mass

notification system authorized users to send alerts through the

national framework (IPAWS) with TV, radio, and cellular

capabilities for enhanced notification during emergency events.

Resolution 2018-640 for the authorization to purchase and use

the mass notification system will not be affected or amended by

this MOA or resulting resolution. A mass notification system

must be in place to access and use IPAWS. No Tribal dollars.

Chairman or designee is authorized to sign all documents.

To approve the attached Mutual Aid Agreement between the

Tribe and the following fire protection and emergency medical

services agencies: Grand Coulee FD, Electric City FD,

Okanogan County Fire District #2 (Elmer City), Coulee Dam

Fire Department, and Douglas County Fire District #3; the Tribe

will join the agreement, which serves to formalize a long-term

informal agreement between the parties. The Chairman or

designee is authorized to sign all necessary documents.

Special Session

June 6th, 2019

Naomi Yazzie, Executive Office Assistant

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

11 FOR (AJ, KC, JF, RS, SA,

MH, JN, RM, JS, JB, DS)

0 AGAINST

0 ABSTAINED

Page 8 of 8