LOWER BRULE SIOUX TRIBAL COUNCIL

LOWER BRULE SIOUX TRIBAL COUNCIL

REGULAR SESSION

OCTOBER 6, 1994

PRESENT: Michael B. Jandreau, Chairman ABSENT: None

Orville Langdeau, Jr.

Shirley Crane

Benjamin Thompson, Jr.

James Hawk Wing

Richard P. Thompson, Sr.

ALSO PRESENT: Galen Balster, John Garcia, Mark Gibson, Noble LaCroix, Tony Moran,

Vincent Thompson, Bill Ziegler, Jr., Scott Jones, Elaine White Pipe, Dina Brandt,

Larry McManus, and Julian Brown.

The Lower Brule Sioux Tribal Council meeting was called to Order by Chairman

Michael 8B. Jandreau at 10:59 AM. Roll call was taken by Recording Secretary Sandy

LaCroix and the Lord's Prayer was led by Chairman Jandreau.

1. APPOINTMENT OF OFFICIALS: Chairman Jandreau stated that the positions of

Sergeant at Arms and Chaplain would have to be appointed and that he opened the

floor for nominations. Richard P. Thompson, Sr. nominated Benjamin Thompson, Jr.

for Sergeant at Arms. Motion was made by Richard P. Thompson, Sr. for nominations

to cease. Motion was seconded by Orville Langdeau, Jr. Motion carried with vote

being five members for, none opposing, none absent and none not voting. By

‘} acclamation Benjamin Thompson, Jr. is hereby appointed as Sergeant at Arms.

Orville Langdeau, Jr. nominated James Hawk Wing for Chaplain. Motion was made by

Richard P. Thompson, Sr. to cease nominations. Motion was seconded by Shirley

Crane. By acclamation James Hawk Wing is hereby appointed Chaplain.

2. ABERDEEN AREA OFFICE — ROADS: Tony Moran stated that Mr. Balster and Mr.

Garcia were here today to discuss with the Lower Brule Sioux Tribe the projected

five year roads plan for the Lower Brule Reservation. Mr. Balster stated that he

had talked to Jim Jensen to see where they were at. The State has project 1806 from

Ft. Pierre to the Reservation line and we are doing Counselor Creek which will he

awarded in October. Chairman Jandreau stated that the Aberdeen Area Office Roads

told us that they would give us the preliminary in September. Chairman Jandreau

stated that consideration was made, that Counselor Creek Road would be included in

the budget anyway and according to the Central Office's schedule it doesn't show up

in your control schedule here. The design was supposed to be completed by 1994,

now it is pushed up into next year, etc. We received assurances in our last

meeting with the Roads Office. They do not include State monies. There is direct

State and County funding for roads through the reservation, these dollars should

offset BIA funding. The B.I.A. is shrugging off their trust responsibilities.

Chairman Jandreau stated that the Lower Brule Reservation is the only Reservation

that does not have paved access roads. I believe an audit and investigation should

be done on the funding and priority given to these projects and a congressional

investigation also. Chairman Jandreau stated that we have to demand now for fair

and equitable treatment. Mr. Balster stated that a meeting should be set up in

November to see where this is all going. Chairman Jandreau asked if it would

matter, you do not have any decision making ability. Mr. Balster stated that he

would take these matters back, we will move it up to 1995 without the grant.

Chairman Jandreau stated that from the Reservation line to Ft. Pierre there was

. supposed to be an overlay on the blotter course. We own six miles of it, it has

become apparent that there is a backing off on it, on the overlay. Mr. Jensen said

they will finish it, they have until November Ist. I was up there last week and

there was no activity. This road should become a priority to the Bureau of Indian

Affairs because of our ownership of part of the road, the six miles. Mr. Balster

stated that he would check into it. Tony Moran asked if the west slide area was on

a back burner. Mr. Balster stated that it was not, it would be done because it is

under separate funding. Chairman Jandreau asked what was taking so long on getting

the designs done. Mr. Balster stated that he thought they only started one year

ago, I was unaware that they began before than that. Mr. Balster stated that they

will only go forward from here, we will press the Corps of Engineers to get the

designs done. Chairman Jandreau thanked Mr. Balster and Mr. Garcia for coming to

the meeting today. Mr. Balster stated that he would push to get these things done.

Richard P. Thompson, Sr. asked Chairman Jandreau if there could be a lighted foot

path from Lower Brule to West Brule. Chairman Jandreau stated that this was being

worked on. Mr. Gibson, L.B. Facilities Management, stated that he would like to

comment on this matter. Mr. Gibson stated that a State Grant has been submitted

for up to 80% of the cost to make the lighted foot path. Mr. Gibson stated that

the Bureau of Indian Affairs would be willing to commit resources if the Grant does

not go through. Mr. Gibson stated that 10-12 poles would be needed. Chairman

Jandreau stated that it would cost $200.00 a pole. Mr. Gibson stated that it would

cost $20.00 for each light for each pole. Chairman Jandreau asked Mr. Gibson to go

ahead with the lights that this would not or should not affect the path. Elaine

White Pipe stated that this is the only way to get assurances. Chairman Jandreau

stated that the C.O.E. should be brought in and have a full inquiry or

‘investigation on finding out why we are always being put off. We requested this

from the Congressional Delegation. We talked about the Marina Dredging. Noble

LaCroix stated that he would do a follow up on the dredging. Mr. Gibson stated

that the forms on the dredges were found, they were found with the Manager at Big

Bend. Mr. Gibson stated that the C.O.E. stated that the study on the dredging

would take 2 1/2 years. Chairman Jandreau stated that there should be another

route they can take on the dredging study. They will have to justify to the

utilization. Noble LaCroix stated that he and Mr. Gibson would pursue this matter

for the Tribe.

3. BILL ZIEGLER, JR. HOMESITE REQUEST: Bill Ziegler, Jr. provided a copy of his

homesite request to the Lower Brule Sioux Tribal Council. Mr. Ziegler, Jr. stated

that the homesite was located at the South Park and that Mr. Ziegler, Jr. would

like to request to lease the rest of the area and to also be placed on the I.H.S.

water/sewer priority list. Motion was made by Benjamin Thompson, Jr. to approve

Mr. Ziegler's request under the same stipulations as other homesite and leases as

follow. This motion was seconded by Shirley Crane. Motion carried with vote being

five members for, none opposing, none absent and none not voting.

C.E.D.B.G. PROPOSALS: Bill Ziegler, Jr. stated that he had three CEDBG Proposals

for approval from the Tribal Council. Mr. Ziegler stated that the first proposal

was for Sue's Satellite Service, owned by Sue and Bill Ziegler, Sr. Mr. Ziegler,

Jr. stated that Sue's Satellite Service has met with some financial difficulty and

in order to keep the cable company operational and providing service to the Lower

Brule Area they must bring their BIA direct loan current, expand their operation to

include a greater variety of programming and increase the rate in order to cover

expenses. Mr. Zielger, Jr. stated that the CEDBG Grant recommended for this

Proposal is $35,000.00, 22% of the total amount needed, $160,000.00. Scott Jones

. stated that he encouraged Sue and Bill Ziegler, Sr. to go to Bill Ziegler, Jr. for

management of Sue's Satellite because of his education. Bill Ziegler, Jr. stated

that the second CEDBG Proposal is for himself, for the Management of Sue's

Satellite. Mr. Zielger, Jr.'s proposal stated that he had talked with Shirley

Marvin and Chairman Jandreau and numerous Council Members on this issue of whether

or not he could utilize the CEDBG Grant program for a business venture himself

without causing a conflict of interest and stated that he was informed by these

individuals that it would not be a conflict. Mr. Ziegler, Jr. stated that he would

manage Sue's Satellite for his parents for a percentage of the profits, utilizing

this as an opportunity to use his education to its fullest. Mr. Ziegler, Jr.

stated that the total need for the purchase of a trailer house for use as an

office, a computer, and vehicle is $25,000.00 and that a 20% CEDBG Grant would be

needed, $5,000.00. Shirley Crane and James Hawk Wing stated that this would

provide service to the whole Reservation and would be an asset to everyone. Motion

was made by Benjamin Thompson, Jr. to approve the CEDBG Grants for Sue and Bill

Ziegler, Sr. and Bill Ziegler, Jr, in the amount of $35,000.00 for Sue and Bill

Ziegler, Sr. and $5,000.00 for Bill Ziegler, Jr. This motion was seconded by

Shirley Crane. Motion carried with vote being five members for, none opposing,

none absent and none not voting. Chairman Jandreau informed Mr. Ziegler, Jr. to

get letters to the other CEDBG recipients and that he had a week to get a report to

the Tribal Council. Mr. Ziegler, Jr. stated that he would get the report.

Mr. Ziegler, Jr. stated that he had a CEDBG Grant Proposal for Vincent "Rocky"

Thompson, Red Leggings Research. The Grant proposal submitted stated that Vincent

"Rocky" Thompson is in the process of starting a professional research company in

Lower Brule. He has a Bachelor of Arts Degree from Sioux Falls College in

' Management Research and 7 years experience in the research field. Research is an

area that Lower Brule will derive great benefits from. Whether it be education,

natural resources, treaty rights, private sector investment or any other type of

research that the Tribe may want conducted. Red Legging Research Company will be

able to conduct and distribute the results that the Lower Brule Sioux Tribe needs.

The total need of Mr. Thompson's venture is $33,000.00 and a 30% CEDBG Grant of

$10,000.00 is recommended for this proposal. Mr. Vincent "Rocky" Thompson stated

that he would like to get into the private sector, into foundations and bring

businesses with employment to the Reservation. There is funding and possibilities

out there you just have to know where to get them. Research on treaty rights,

educational research, money for education and the community college. Motion was

made by Orville Langdeau, Jr. to approve a CEDBG Grant for Mr. Thompson in the

amount of $10,000.00. This motion was seconded by Shirley Crane. Motion carried

with vote being five members for, none opposing, none absent and none not voting.

4. DINA BRANDT-LARRY MCMANUS: Dina Brandt, Lake Francis Case Development

Corporation, stated that she brought Mr. Larry McManus here today to discuss the

Tri-County Landfill organization. Mr. McManus stated that Tri-County Landfill was

interested in the Fred Nissen property for the bale fill land fill and he was here

today to see if the Lower Brule Sioux Tribe and its members were interested in

joining the organization. Mr. McManus stated that the Lower Brule Sioux Tribe is

figured into the proposed tonnage outlook for the landfill. Mr. McManus stated

that they had figured 1/2 ton per person per year. Mr. McManus stated that the

Counties involved in the Tri-County landfill, or possible involvement for use were

the Counties of: Gerald, Buffalo, Aurora, Brule, Lyman, Jones and Tripp. Mr.

McManus stated that the landfill property they were looking at lies 4-5 1/2 miles

from the Lower Brule Reservation line. The fee for joining Tri-County Landfill is

$5.00 per capita based on the 1990 Census. Mr. McManus stated that recycling would

be brought in later on down the line and that at the onset there would be five

positions open at the landfill and later three more positions would be added.

Scott Jones asked who would be responsible for the transportation of the material.

Mr. McManus stated that each area would be responsible for their own

transportation. Chairman Jandreau stated that the Tribe figured the basic cost

before of running a landfill would be $200,000.00. Scott Jones stated that another

area would also have to be established for the wastes that are not allowed at the

landfill site. Mr. McManus stated that a rubble site would also be in operation.

Scott Jones asked if there would be composting. Mr. McManus stated that their

would. Chairman Jandreau stated that composting would be over and above these

costs. Mr. McManus stated that they would. Chairman Jandreau stated that it was

figured that it would cost $250,000.00 a year to run an operation like this and

because of the immense cost we are putting this off, but our time is running out

for the deadline of the closure of our current landfill. Chairman Jandreau stated

that he sees the value to the environment, but there is a sense of reality as you

come closer and closer to the reservation. Mr. McManus stated that the main concern

of the people is pollution and that the people don't want a landfill in their back

yard. Dina Brandt stated that people are not getting involved in these meetings and

they are not going to keep changing the deadline forever. Chairman Jandreau thanked

Mr. McManus for coming to the meeting today. Mr. McManus stated that if the Lower

Brule Sioux Tribe wants to join the Tri-County landfill they will be welcome to at

any time.

Dina Brandt stated that she would like to inform the Tribal Council on the conflict

in Chamberlain with the medical staff, the Hospital, Doctors and Nurses. The

Hospital is under new management called "Quorum". There will be a mediation team

' coming in for $1,200.00 a day, October 13, 1994. Chairman Jandreau stated that the

Doctors have still refused to go back to the hospital and I don't see how the

hospital will make it and all of this has not upgraded the care received at the

hospital either. Chairman Jandreau thanked Dina Brandt for coming to the meeting

today. -

Noble LaCroix stated that the E.A.R.N. Program has been deleted, but it can

continue if the Tribe will redesign the G.A. Program to include E.A.R.N. Noble

LaCroix stated that he would provide the Chairman with further information on this

matter.

5. TRIBAL TREASURY DRAW DOWN: Chairman Jandreau stated that the Lower Brule

Sioux Tribal Council needed to pass a Resolution requesting a Tribal Treasury Draw

Down of $100,000.00 for operating expenses. Motion was made by Richard P.

Thompson, Sr. to request a Tribal Draw Down. This motion was seconded by James

Hawk Wing. Motion carried with vote being five members for, none opposing, none

absent and none not voting.

The Lower Brule Sioux Tribal Council meeting recessed at 1:53 PM. The Lower Brule

Sioux Tribal Council meeting reconvened at 3:22 PM, with all Tribal Council Members

present. Also present was Stuart and Jeanie Langdeau.

6. FIRE PREVENTION WEEK: Dale Brown Wolf and Jeanie Langdeau submitted a draft

proclamation for approval by the Lower Brule Sioux Tribal Council proclaiming

October 17-21, 1994 as Fire Prevention week. Motion was made by Richard P.

Thompson, Sr. to adopt the Proclamation naming October 17-21, 1994, as Fire

Prevention Week. This motion was seconded by Orville Langdeau, Jr. Motion carried

with vote being five members for, none opposing, none absent and none not voting.

7. LOWER BRULE PROPANE: Orville Langdeau, Jr. submitted a letter of request to

remain as Manager for the Lower Brule Propane and to utilize the Manager's income

for raises for the Drivers and a part-time Secretary position. Chairman Jandreau

stated that he did not see any problem in this that it would be cost saving for the

Tribe. Motion was made by Shirley Crane to approve Orville Langdeau, Jr.'s

requests. This motion was seconded by Richard P. Thompson, Sr. Motion carried with

vote being five members for, none opposing, none absent and none not voting.

8. SHIRLEY MARVIN, EDA PLANNER: A letter of request and a draft resolution was

received from Shirley Marvin for the submission of a grant application to the

Sears/Phil Collins Foundation to help end homelessness. Motion was made by Orville

Langdeau, Jr. to adopt the resolution for the submission of a grant application to

the foundation. This motion was seconded by Richard P. Thompson, Sr. Motion carried

with vote being five members for, none opposing, none absent and none not voting.

9. L.B.H.A. BOARD OF COMMISSIONERS: Chairman Jandreau stated that there were

three positions on the Lower Brule Housing Authority Board of Commissioners. Two of

the terms expired and a replacement will have to be made because of Orville

Langdeau, Jr. being elected into the Tribal Council. Orville Langdeau, Jr. stated

that he would like to remain on the Housing Board, because I can offer more

experience to the Housing than to the Construction Company. Chairman Jandreau

stated that as a member of the Tribal Council your positions cover the whole realm

of one body and another. A Council Member on the Housing Board who is also a Board

member for Lower Brule Employment Enterprise, which the Tribal Council is for

L.B.E.E., we will be subjecting ourselves to accusations of illegal practices.

Orville Langdeau, Jr. stated that he would then like to remain on the Housing Board

and not be a member of the Lower Brule Employment Enterprise Board. Chairman

Jandreau stated that the other two positions for the Housing Board would have to be

advertised and the current Housing Board members be given the authority to carry

out duties until replaced. This motion was made by Richard P. Thompson, Sr. Motion

was seconded by Shirley Crane. Motion carried with vote being five members for,

none opposing, none absent and none not voting.

10. LOWER BRULE HOUSING AUTHORITY: A letter was received from Debra Isburg,

Executive Director of the Lower Brule Housing Authority on the U.S. Department of

Housing and Urban Development policy allowing Tribes to develop and implement

policies in which tribal enrollment can now be used as part of the eligibility

criteria for priority standards in applying for low rental units on the

reservation. The L.B.H.A. is requesting that the Lower Brule Sioux Tribal Council

develop and establish an Eligibility Criteria for use at the Housing Authority

regarding enrolled members and non enrolled members on the waiting list for low

rental units. Motion was made by Benjamin Thompson, Jr. to develop a policy. This

motion was seconded by Orville Langdeau, Jr. Motion carried with vote being five

members for, none opposing, none absent and none not voting.

11. REQUEST FOR I.H.S. WATER/SEWER: Letters of requests were received from

Percy Estes and Brenda Estes to be placed on the I.H.S. Priority list for water/

sewer services. Motion was made by Orville Langdeau, Jr. to approve the requests

and to request these individuals be placed on the I.H.S. Priority list. This motion

was seconded by Benjamin Thompson, Jr. Motion carried with vote being five members

for, none opposing, none absent and none not voting.

12. LORI CARPENTER/DELILAH LECKEY REQUESTS: A request was received from Lori

Carpenter for a business lease, containing .92 acres more or less, to open a hair

salon business which would be located in the industrial lot behind the Lower Brule

Employment Enterprise. Motion was made by Shirley Crane to approve this request for

a business lease. This motion was seconded by Orville Langdeau, Jr. Motion carried

with vote being five members for, none opposing, none absent and none not voting.

A letter of request was received from Delilah Leckey for a homesite lease located

on tribal land near North Iron Nation containing 5.0 acres more or less and for

placement on the I.H.S. water/sewer priority list. Motion was made by Orville

Langdeau, Jr. to approve Mrs. Leckey's request for a Homesite and her request to be

placed on the I.H.S. water/sewer priority list. This motion was seconded by

Benjamin Thompson, Jr. Motion carried with vote being five members for, none

opposing, none absent and none not voting. (Chairman Jandreau left the Tribal

Council meeting at this time.)

13. AUDREY JOHNSON REQUEST Vice-Chairman Orville Landgeau Jr. stated a letter

of request was received from Audrey Johnson for assistance of funding to provide

labor for repairs to her home. Ms. Johnson stated that she obtained the material

needed for her home, but was in need of assistance with obtaining labor. Vice-

Chairman Langdeau stated that the T.W.E.P. crew or the Clean Up Crew employees

could provide the labor on the repairs. Motion was made by Richard P. Thompson, Sr.

to provide the employees for the repairs to Audrey Johnson's home. This motion was

seconded by Shirley Crane. Motion carried with vote being four members for, none

opposing, one absent and none not voting.

14. L.B. BAND OF NATIVE AMERICAN CORPORATION: A letter of request was received

from John Estes, President, Marlene Crowe, Vice-President and Sadie M. Flute,

Secretary/Treasurer of the L.B. Band of Native American Corporation for a donation

of $1,500.00 from the Lower Brule Sioux Tribe for the Annual Veterans Wacipi held

in November. Motion was made by Shirley Crane to approve a $1,500.00 donation to

the Corporation. This motion was seconded by Richard P. Thompson, Sr. Motion

carried with vote being four members for, none opposing,none absent and none not

voting. (Chairman Jandreau entered the Tribal Council meeting at this time.)

Shirley Crane stated that the Corporation would also like to ask the Tribe for a

donation of the beaded Princess Crown that the Tribe had. Chairman Jandreau stated

that the price of the Crown could be taken out of the donation money. Shirley Crane

stated that she could not make that decision for the Corporation.

15. NIELSEN & SENIOR BILLING: A billing was received from Special Legal

Counsel, R. Dennis Ickes, Nielsen & Senior for the time period covering August 15,

1994, in the amount of $18.00. Motion was made by Richard P. Thompson, Sr. to

approve the billing and submit the billing to the Lower Brule Agency, Bureau of

Indian Affairs, for review and approval. This motion was seconded by Shirley Crane.

Motion carried with vote being five members for, none opposing, none absent and

none not voting.

16. GENERAL COUNCIL BILLING-JULIAN H. BROWN: A billing was received from

General Counsel, Julian H. Brown for the period covering September 6, 1994, through

October 2, 1994, in the amount of $2,978.40. Motion was made by Richard P.

Thompson, Sr. to approve the billing and to submit the billing to the Lower Brule

Agency, Bureau of Indian Affairs, for review and approval. This motion was seconded

by Shirley Crane. Motion carried with vote being five members for, none opposing,

none absent and none not voting.

17. L.B. AGENCY—BUREAU OF INDIAN AFFAIRS-WATER/SEWER CONTRACT: Notification was

received from the Lower Brule Agency, Bureau of Indian Affairs that the Contract

for water, sewer & refuse collection and disposal with the Lower Brule Sioux Tribe

was soon to expire. Motion was made by Shirley Crane to renew the Contract with the

Bureau of Indian Affairs at the same rate as last year, $52,200.00. This motion was

seconded by Richard P. Thompson, Sr. Motion carried with vote being five members

for, none opposing, none absent and none not voting.

18. FREDERICK LAROCHE LAND EXCHANGE REQUEST: A letter of request was received

from Frederick LaRoche requesting a land exchange with the Lower Brule Sioux Tribe

for the land in which his homesite is located. An appraisal was conducted on the

two interests of land involved in the exchange. The Lower Brule Sioux Tribal land

located where Mr. LaRoche's homesite is, was valued at $775.00 and the interests

owned by Mr. LaRoche was valued at $377.75. Motion was made by Orville Langdeau,

Jr. to approve the land exchange provided that Mr. LaRoche pay the difference.

This motion was seconded by Richard P. Thompson, Sr. Motion carried with vote being

five members for, none opposing, none absent and none not voting.

19. LAND SALE APPLICATIONS: Land sale applications were received for Dorcas

Desheuquette and Carol Ellen Drapeau for the sale of their interests to the Lower

Brule Sioux Tribe. Motion was made by Shirley Crane to request an appraisal on the

interests owned by Dorcus Desheuquette and Carol Ellen Drapeau. This motion was

seconded By Richard P. Thompson, Sr. Motion carried with vote being five members

for,none opposing, none absent and none not voting.

20. LAND APPRAISALS: Land appraisals were received for Evangeline Arcoren in

the amount of $625.62, Patricia Prue Charging in the amount of $142.22, Valerie Few

Tails in the amount of $383.03. Motion was made by Richard P. Thompson, Sr. to

purchase these interests. This motion was seconded by Shirley Crane. Motion carried

with vote being five members for, none opposing, none absent and none not voting.

21. EDUCATIONAL GRANT APPLICATIONS: Educational Grant applications were

received from the following: Lawrence A. Thompson, Jr. Veronica Feeney, Linda

Bercier, Scott W. Henderson, Dafny Green, Roberta McGhee, Jody Traversie, Claudia

Brooks and Derrick Swift Eagle. Motion was made by Shirley Crane to approve the

grants as long as all paperwork was in place. This motion was seconded by Orville

Langdeau, Jr. Motion carried with vote being five members for, none opposing, none

absent and none not voting. Chairman Jandreau stated that it would make it a lot

easier if he had previous authorization to approve the Educational Grants as they

come in, and a list would be provided to the Tribal Council of the applications

received and approved. Motion was made by Shirley Crane to allow Chairman Jandreau

to approve the Educational Grants and to provide a list of the applicant to the

Tribal Council. This motion was seconded by Richard P. Thompson, Sr. Motion carried

with vote being five members for, none opposing,none absent and none not voting.

22. L.B. COMMUNITY COLLEGE REPORT: The monthly report from the Lower Brule

Community College was received from Mary Sue Schnieder for the month of

August-September, 1994. "The Fall semester began August 29 with 39 students

enrolling in classes. The drop/add period ended three weeks later; 6 students

dropped leaving 33 students enrolled this semester in 17 classes. Our

instructional staff consists of three (3) teachers with their Doctorate Degree,

eight (8) with a Masters Degree, one (1) CPA and five (5) with their Bachelors

degree for a total of 17 instructors. Although our enrollment has decreased from

~

the Spring '94 semester, we have some sophomores who are very serious about

completing their A.A. degree within the next two semesters.

Emmett Martin, the Lakota Language instructor, is part of a pilot Lakota Language

project from Sinte Gleska University concerned with the silent method of

instruction.

The Elementary and High School Teachers had the opportunity to complete on graduate

credit via the in-service program held August 24-25 at the Convention Center in

Lower Brule. The credit made possible through our Articulation Agreement with SDSU,

Brookings.

Woap'e Te'ca Alternative School began the school year with a continuation of

services to students who enrolled during the last school year and during the

summer. Funding from the State JTPA Program ($28,968) and the Youth At Risk

Alliance ($21,032) have enabled us to continue with two full time instructors.

Notices have been sent out to all Tribal Program Directors regarding the

Alternative School and asking the Directors to encourage employees who are without

a High School Diploma or GED to obtain one from Woap'e Te'ca. We also had brochures

printed and they are being distributed throughout the area.

We have requested $5,000 from the EARN Program to fund the Alternative School.

Those funds, if approved, will enable us to break even with the instructors

salaries. We have also requested the ISEP monies from the BIA for those students

who are counted on the High School enrollment but receiving all services from the

alternative school. Agreement was not yet reached on this issue.

The following enrolled members of the Lower Brule Sioux Tribe are attending the

Lower Brule Community College: Effie Black Bear, Julie Brinkmeyer, Sandy Byington,

Angela Estes, Geraldine Estes, Terri Estes, Esther Flute, Shirley Flute, Percy

Goodface, Altwin Grassrope, Dawn Grassrope, Michelle Langdeau, Celenia Martinez,

Neoma Michalek, Lucille Skunk, Lawrence Thompson, and Jill Willard.

23. LOWER BRULE WILDLIFE ENTERPRISE: Ben Janis, C.E.0O., Lower Brule Wildlife

Enterprise, submitted the Fish, Wildlife and Recreation Conservation Enforcement

Code. Chairman Jandreau stated that this was previously reviewed by the Council and

changes were recommended. Chairman Jandreau stated that the recommended changes

were made and that the Code required approval/adoption by the Tribal Council.

Motion was made by Richard P. Thompson, Sr. to approve/adopt the Fish, Wildlife and

Recreation Conservation Enforcement Code. This motion was seconded by James

Hawkwing. Motion carried with vote being five members for, none opposing, none

absent and none not voting.

24. V.A. REPRESENTATIVE REQUESTS: a request was received from Jack Estes and

DeWayne Goodface to contribute their time as LBST Tribal Veterans Affairs Officers;

contingent upon the use of the salary to be utilized with their budget submitted.

Chairman Jandreau stated that this could be possible if funding is available.

Motion was made by Richard P. Thompson Sr. to approve this request contingent upon

the availability of funding. This motion was seconded by Orville Langdeau Jr.

motion carried being five members for, none opposing, none absent and none not

voting.

Discussion was held in regard to setting up meeting with IHS, Chuck Kicker, Scott

Jones and General Counsel, Julian H. Brown, for Wednesday, October 12th, 1994 at

10:00 A.M.

Discussion was held in regards to a Garnishment Summons through Lower Brule

Employment Enterprise. Authorization was given to Julian H. Brown to respond to the

Garnishment Summons, Tribal Council concurrence.

The Lower Brule Sioux Tribal Council Meeting recessed at 4:56 P.M. The Lower Brule

Tribal Council Meeting reconvened on October 12th, 1994 at 11:01, with all Tribal

Council Members present. Also present was Kelly Hudson, Chuck Kicker, Rodney Coker,

Julian H. Brown, Tom Ziegler, Scott Jones and Alan Lien.

1. LOWER BRULE WATER SYSTEM: Chairman Jandreau stated that the first item on the

agenda today is on our water system and the concerns we have with the compliance

with EPA. A copy was sent down to this office from the EPA. Two filters were done

and two more were done this last weekend. Chairman Jandreau opened up discussion

with Chuck Kicker from the EPA Office to tell the council what he thinks of the

situation at this time. He stated that the problems were generated mainly from lack

of compliance in reporting to the EPA. EPA asked him to come out and help the Tribe

in anyway he can. Mr. Kicker has been around since 1973. He stated that Keith

Johnson said he does not want to operate the water plant or become certified, but

he feels Keith Johnson has been doing a good job. But he doesn't know how you can

operate a plant if someone doesn't want to run it. They need to know the rules and

regulations and get their reports in on time. A turbidity test needs to be done

every four hours. The filters are plugged because of lack of back washing on a

regular basic. EPA requires a certified operator that knows the regulations. Alvin

Johnson used to be certified but they were more stringent back then. I have to

report these things. If Keith Johnson wants to be an operator he should get

classroom training sessions and be down at the plant several hours a day otherwise

you might want to hire another person to do the job. Chairman Jandreau stated the

plant doesn't generate the dollars to pay salaries and also not enough storage

capacity to do the back flushing. Chairman Jandreau asked Mr. Kicker how detailed

is the information given to the EPA, reporting requirements vs our capabilities.

First, we've known and suffered on the whole way the intake is set up and it was

never properly put in right the first time. Second, The way the pumps are placed,

the well itself is crooked and and has been the cause of burning out the pumps many

many times. We've operated this plant on one pump for lengths of one year at a

time. The automation system has never been functional for any length of time.

Chairman Jandreau asked Mr.Kicker if he was reporting these types of things to the

EPA. Mr. Kicker stated if the tribe could get the compliance reports in on time.

Chairman stated to do the reports the facility has to be of a certain caliber

before your able to do that. Mr. kicker said the reports have to go in whether your

in compliance or not. The EPA can see something has to be done. Chairman Jandreau

stated he was tired of the Tribe being put into the whole thing itself. Your out

compliance by not giving all the information. IHS is not adequately addressing the

problem, we should attack it as a whole. Mr. Kicker stated the need for a manager

at the plant more often, then the plant would be run adequately. Mr. Jandreau

stated then the rate would have to almost triple or quadruple. Mr. Kicker stated

the filter system looks good now. Mr. Jandreau stated you were here when the old

ones were put in. How could they get away with leaving trash in the old filters,

which were 2 x 4's. Mr. Kicker stated he did not know. Scott Jones stated since

February 6,1986, I have been a utility commission member and I feel their is a

trust responsibility here, if the Tribe is not capable then the IHS should help.

The technology is not Native technology, they were built and turned over to us with

no technical assistance. Keith Johnson and Mr. Kicker seem to have relationship I

don't understand. Keith has some problems with some of the reporting

requirements,this came to us 30 years ago when this system was built. Now here you

are trying to get the Tribal Council upset with tribal people. We have been trying

to keep it going with patching and fixing, when the whole system needs to he

upgraded. We have waited for years.I feel the trust responsibility has been

neglected. The EPA is not providing us one plug nickel. The state gets allocation

and we don't get one dime. In 1994 this tribe received 75,000,00 for the next five

years to develop a compliance program. We were accused of falsifying reports and I

had nothing to do with the reports. Mr. Jones stated for the record he did not get

the letter of July 1st, nobody told us this was going on. Mr. Jandreau stated that

he did know about the letter,I called them and my response was referred in the

letter. Mr. Jones stated IHS was scaling back on site work,and I would like to see

Deb Hare back and more Native Americans in there. Shirley Crane stated we are not

here to fire anyone but would like to see positive solutions instead of EPA writing

us up. EPA should be providing money and trying to help us. Mr. Jandreau stated

instead of tying to fine us. Scott Jones stated he thought last week things were

rosy and things were being done. The intake line is being done and we can proceed

to do some preventative maintenance and etc. Mr. Kicker said he told them of the

progress being made but he feels Keith Johnson should be trained and spend more

time at the water plant. Mr. Jandreau stated without automation, Keith Johnson

spends 6 hours a night refilling the system so that we have water. Mr. Kicker

realizes Mr. Johnson needs help. Mr. Jandreau stated the Tribe had received

notification of the the Grant in January or February, but had not received the

financial documents to make the draw down. Finally, about two weeks ago received

the first draw down off the Grant that was approved, eight or nine months ago. Mr,

Jones stated we could start using the Grant in July. Mr. Jandreau stated the money

is to develop criteria to bring us into compliance. Elaine White Pipe stated the

EPA stresses over and over that we are in trouble. Mr. Jandreau stated to move this

onward, when will the money be available for the intake. District Engineer, Bob

Reese stated the IHS has no intention of pulling out. Project Engineer, Kelly

Hudson, stated the intake has two parts, the intake itself and the building, pumps

and etc.We will have a contract out by next spring for construction of that. The

pump and building is contacted with the HUD project. The project is adding two

filters to increase a adequate treatment plant and a separate room for chemicals

and also provide a office area for the operator. There wasn't money originally

allotted for replacement for values and etc. The project is partially designed. The

Tribe is interested in "638" the project. We are discussing hiring our own

engineer. Mr. Jones stated since the Grant, there has been a lot more deterioration

in the lines from the intake to the water plant. Mr. Jandreau stated we talked

about the alignment and what that's caused. It has cost us thousand of dollars

because of the way the pumps were set up in there. Don't know who set that up IHS

or COE, but the pumps have been a problem since they have been there. Fifteen

years ago we were using divers to clear the lines. Kelly Hudson stated the entire

project will provide the lagoon and sewer system for West Brule. The lagoon system

is contacted at $276,000.00. Mr. Jandreau asked if that was just for the lagoon?

Mr. Hudson stated it included the sewer. Mr. Jandreau stated the automation system

was upgraded many times. Mr. Coker stated it was still the same system. Mr.

Jandreau stated lots of money was spent on it over the years. Mr. Coker stated this

will address that part,this is what Kelly Hudson is passing out now. Mr. Reese

stated the intake structure is a different project its a IHS project for

$245,000.00. Mr. Jandreau questioned if the $245,000.00 was enough for the intake

system. Mr. Jones said this money was from HUD. Mr. Jandreau stated this won't even

build a causeway. Mr. Hudson stated the intake consist of a 18 inch diameter well

screen 15 inches long, it will be moved out into deeper water, it's not like the

current system and it will have capabilities for back washing. Mr. Jandreau asked

if it would be added on to the present one? Mr. Hudson stated no it would be

completely new. Mr. Jandreau stated you must not be going to go out very far.

Mr.Hudson stated it would be 1250 feet out and will be 12 feet below the surface.

Mr. Jandreau asked how it would be dredged. Mr. Jones stated what about inflation

since the dollars had been budgeted. Mr. Reese stated they would try their best to

get the money if short. Mr. Jandreau asked where will the money come from and where

is it on the priority list. Mr. Reese stated its already a funded project the money

is in the bank. We can bring out the drawings. Mr. Jandreau asked when? Mr. Hudson

stated he could bring out the location concept and size drawings. Mr. Coker stated

unless all of this is tied together it won't work. Mr. Hudson stated this is what

you will have when the project is finished, pump house improvement that will total

$55,000.00, completation of intake ,the building,controls, and pumps. The West

Brule project consisting of 125,000 gallon water system. Dollars for improvements

to booster pumps and automation.

Mr. Jandreau asked if another cell was going be added down here in Lower Brule. Mr.

Hudson stated the IHS has a (S.D.S) Sanitation Deficiency System. This shows what

the needs are and list deficiencies. These needs are then rated. The lagoon

received a high priority. Mr. Jandreau stated if we don't get the lagoon funded we

will we be out of compliance. Mr. Jones stated, when the two people came out they

were impressed with the improvements, and West Brule really exceeded the limits.

Mr. Jandreau asked if it still would be impacted? Mr. Jones stated this discharged

into Lake Sharpe where West Brule doesn't. Mr. Hudson stated at the close of this

project the intake will be sized for 1 million gallons in a day. Mr. Jandreau

stated we authorized Howard Paul to investigate the using the intake to meet the

needs, for sale of service, for the East Lyman Jones water system. The hold up is

no contact in place to work with him to do the design. Having expanded the system

north. We have no storage along there at all. We also talked to them about looking

at raw water intake for irrigation. We have a system we use only 3 months out of

the year and tying it back in. Mr. Hudson stated we need to coordinate this before

we spend dollars. Mr. Jandreau stated we need to get off the dime and do something

here were suffering. Mr. Coker stated we are at a cross roads here trying to decide

whether to go on a grand scale or take care of the immediate needs.The water has to

be treated because of jardia and quiptonspordin. If the turbidity is at .5 you know

this is gone and the water is safe. Mr. Jandreau stated the point that we are at is

1. The tribe has to a respond back to EPA about the July ist letter. 2. Get

together with the council as their intent on Lyman Jones. Mr. Hudson stated they

gave him their requirements needs for flow. This is included in the design for the

intake. Mr. Jandreau asked what are the councils wishes? Mr. Bill Thompson stated

it sounds like everyone is ready to go, lets do it. Mr. Jones stated Elaine White

Pipe has everything together raw data just needs to be transferred on the forms.

The deeper question is the structure of the Utilities Commission and Bylaws? There

will be a continual strain on the tribe unless a more equitable price is set up. I

think it has to be $30.00 per home barring agriculture or other uses, just

household use. This should be put on the table with the consumers. We have had 2

bad water samples within the last 2 years. Mr. Hawkwing asked Mr.Koker how do you

get certified to operate the plant. Mr. Coker stated if you are certified it is

good any place in the U.S. I will train a person who wants to take the training.

The first time around 40-50% pass. Classes 1-2-3-4, 4 only applies to Rapid City

and Sioux Falls. Class by size of the plant. Mr.Jandreau asked what the cost of the

training is? Mr. Jones stated IHS will pay for the training. You have to pay for

the room and board etc. Mr. Coker stated the state is now charging $10.00 fee, and

$7.50 or so for certification fee. You have to renew it every year. Mr. Hawkwing

stated he would work with Mr. Johnson to help him get certified Mr. Jones said

their was some differences in the readings. Mr. Hawkwing asked Mr. Kicker to report

back to EPA and tell them this tribe is trying to get into compliance. Mr. Kicker

said he put this in his report. Elaine White Pipe asked if it would be possible to

get a turbidity reading now ? Mr. Kicker stated he had taken one early this morning

and it was at 1 unit. This was acceptable 5 years but they moved it to .5. Mr.

Jandreau stated Mr. Hawkwing would be working with Mr. Johnson and Julian H. Brown

would be working on the legal aspect. Would request authorization to continue

process with Mr. Paul and Kelly Hudson on where we are going with the design on the

intake. Mr. Hudson asked Mr. Jandreau if he wanted him to send the drawings he has.

Mr. Jandreau stated yes. Mr. Langdeau asked if we were to go with Lyman Jones could

everything be done at the same time. Mr. Jandreau asked will we have to come up

with some money to built up the capacity. Next step, if that meets the requirements

then what are we going to have to enter into to make that happen. It will have to

come back to to the council to get approval on it, because it will be requesting

additional dollars for Mini Wiconi and projecting on need of the water supply and

etc. The decision will have to be the tribes to go with the design for the added

capacity or the existing project. Mr. Langdeau made the motion for Chairman to get

with Mr. Paul on Lyman Jones Project This motion was seconded by Ben Thompson.

Motion carried with vote being five members for, none opposing, none absent and

none not voting.

BILL ZIEGLER-CEDBG PROGRAM: Mr. Ziegler stated he wasn't ready. He did not have his

paper work ready. The Tribal Council tabled this matter at this time.

2. TRASH TRUCK PURCHASE: Mr. Jandreau stated the council needed to give

authorization to buy a trash truck. The amount is $6,500.00 from Don's Ford. Motion

was made by Orville Langdeau Jr. to authorize the purchase of the Trash Truck from

Don's Ford for $6500.00. This motion was seconded by Shirley Crane. Motion carried

with vote being five members for, none opposing, none absent and none not voting.

3. KAREN QUILT-HOUSE: Karen Quilt stated she felt she had been cheated out of a

house. Chairman Jandreau stated he felt this should be referred back to the Lower

Brule Housing Board. No action was taken on this matter.

4. TOM ZIEGLER-CHERRY RANCH: Mr. Ziegler asked if they were going to have aa

meeting on the Cherry Ranch. He wanted to know if people were going to have access

to the buildings. Mr. Jandreau stated nothing had been decided yet. No action was

taken on this matter.

5. ENROLLMENT COMMITTEE: The committee is composed of Mr. Jandreau, Emma

LaRoche, Robin LaRoche, Ted Rouillard, John Estes Sr. and Shirley Flute. Mr.

Jandreau stated because enrollment has become such a issue and it is time so

consuming. Mr. Jandreau made a request to the council to approve placing Shirley

Plute in as Enrollment Clerk. Motion was made by Richard P. Thompson Sr. to place

Shirley Flute as enrollment clerk. This motion was seconded by James Hawkwing.The

following discussion was held. (James Hawkwing left the Tribal Council meeting at

this time.) Shirley Crane stated this would leave Rose McCauley working on

probation with juveniles and school problems. Mr. Benjamin Thompson Jr. asked what

the blood quorum for enrollment was. Mr. Jandreau stated that if you are a resident

of the reservation and that your parent is an enrolled member. Off the reservation

you must be one-quarter. Mr.Orville Langdeau Jr. asked if their were allowances for

unwed mothers? Mr. Jandreau stated yes, consideration on and off the reservation.

There was a proposed amendment to the constitution to allow for all consideration

of Indian blood quorum. That was never submitted or voted on. Shirley Crane stated

how would we do that,referendum vote. Mr. Jandreau stated, yes, it was submitted

before but never came about. Chairman Jandreau made a request for a vote on the

motion to place Shirley Flute as Enrollment Clerk. Motion carried with vote four

members for, none opposing, one absent, none not voting.

(James Hawkwing entered the Tribal Council meeting at this time.)

6. FARM CORPORATION BOARD: Mr. Jandreau stated a representative is needed from

the Tribe to set on the Farm Corporation Board. Shirley Crane nominated Benjamin

Thompson Jr. for the position. Orville Langdeau Jr. made a motion for nominations

to ceased. Motion was seconded by Shirley Crane. Motion carried with vote being

five members for, none opposing, none absent, and none not voting.

7. LEAVES OF GOLD: Mr. Jandreau stated he had received a request to sell Leaves

of Gold in the Gift Shop. The company will sent us $7,000.00 worth of wholesale

gold and allow us to sell it on a time limit. It requires the Tribe to sign a

agreement. Mr. Jandreau asked for authorization for the agreement. Mr. Jandreau

also asked for authorization to appoint Kay Gourneau to run the Gift Shop. Mr.

Jandreau stated at another time the Council would have to discuss setting up a

business plan and cost ratios for members bringing in things to sell. Mr. Benjamin

Thompson Jr. asked if things would have a tag stated who made it. Mr. Jandreau

stated we had tried by making them sign there work but some of them would not do

it. Motion was made by Orville Langdeau Jr. to approve the agreement with Leaves of

Gold and to appoint Kay Gourneau to operate the Gift Shop. This motion was seconded

by Richard P. Thompson Sr. Motion carried with being five members for,none

‘ opposing, none absent and none not voting.

8. KAREN LAROCHE: Karen LaRoche stated she was fourth on the waiting list for a

unit. She had been to the LBHA and they told her they had to take care of the

Federal preference people first. She stated she did not know anything about Federal

Preference and they should let people know about it. I feel it's not right. The IHA

should go down the waiting list. I received a letter that I had received a house

just this afternoon. I feel everyone should be informed about Federal Preference.

Mr. Jandreau stated Joanne Crazy Bull was here about a letter she had written to

Mr. Jandreau about her son Leonard Johnson being evicted out of his unit. Mr.

Jandreau stated this would be referred back to the LBHA. Mr. Jandreau asked Orville

Langdeau Jr. to explain about Federal Preference. It is a policy for people living

in substandard housing, tents, cars and etc. People having no another place to go.

These people need to be taken care of first. Karen LaRoche did receive a unit

therefore no action taken on this matter,

9. LBST CHERRY RANCH: The individuals that are currently leasing the ranch are

requesting to lease for another year. They are willing to give $100.000.00. The

lease is up November 14th. This matter was tabled until the next regular meeting in

November.

The Lower Brule Sioux Tribal Council meeting recessed at 1:04 pm. The Lower Brule

Sioux Tribal Council meeting reconvened at 1:27 PM, with Shirley Crane arriving

late. Also present Bill Ziegler Jr.

10. BILL ZIEGLER JR.-CEDBG: Mr. Ziegler on behalf of Elaine White Pipe is

submitting a CEDBG grant request. Elaine White Pipe is in the process of staring

her own cattle operation. She will purchase 50 light heifers at $400.00 each for a

total of $20,000.00. The structure of financing and a more in depth analysis is

attached. She has $86,000.00 of in-kind contribution, which puts the grant request

at 23%. Management will be under her father Richard P. Thompson Sr. Motion was made

by James Hawkwing to approve the CEDBG Grant to Elaine White Pipe.This motion was

seconded by Benjamin Thompson Jr. Motion carried with vote being four members for,

none opposing, one absent and none not voting.

il. BILL ZIEGLER JR-CEDBG-BILL LONG TURKEY: Mr. Ziegler on behalf of Bill Long

Turkey is submitting a CEDBG grant request. Bill Long Turkey is requesting a 10%

grant of $24,000.00 from the CEDBG program in the condition that he receives

financing of the remaining 90% which is $216,000.00. Bill will be stocking 2/3 of

range unit#33. His grandfather J.W. Thompson needs to reduce his herds due to

health reasons and Bill is given the opportunity to get into the cattle business.

He has already been approved to share this range unit and various leases with J.W.

Thompson. Motion was made by Richard P. Thompson Sr. on approval contingent of FMHA

loan to approve Bill Long Turkey CEDBG Grant request. This motion was seconded by

Orville Langdeau Jr. Motion carried with vote being four members for, none

opposing, one absent and none not voting.

12. VINCENT THOMPSON REQUEST: A letter of request was received from Vincent

Thompson for a CEDBG grant for starting a professional research company in Lower

Brule. Mr. Thompson has a Bachelor of Arts Degree from Sioux Falls College in

Management Research and 7 years experience in the research field. Research in an

area that Lower Brule will derive great benefits from. Whether it be education,

natural resources, treaty rights, private sector investment or any other type of

research that the tribe may want conducted, Red Leggings Research company will be

able to conduct and distribute the results that the Lower Brule Sioux Tribe needs.

Motion was made by Richard P. Thompson to approve the CEDBG grant of $10,000.00 for

Vincent Thompson. This motion was seconded by Orville Langdeau Jr. Motion carried

being five members for, none opposing, none absent and none not voting.

Vincent Thompson also made a request to use one of the IHS houses for his business.

Chairman Jandreau stated that the units had been turned over to the Tribe but are

currently leased by IHS and will be leased by them until we build a new clinic,

which will be from two to five years. Mr. Jandreau stated we should let people know

these houses will be available in two to five years. Then act on them as they come

in. What we did for Benjamin Thompson Jr. was in violation of that, but he was ina

different situation. Motion was made by Richard P. Thompson, Sr. to authorize

advertisement of these houses to become available and take Mr. Vincent Thompson

request and consider it with any other request that come in. Motion was seconded by

Orville Langdeau Jr. Motion was carried with vote being five members for, none

opposing, none absent and none not voting.

13. TOM ZIEGLER REQUEST: Tom Ziegler asked if the tribe was going to lease the

Cherry Ranch out to individuals. Mr. Ziegler stated he had been out to the Cherry

Ranch and would like be to considered for one of the buildings if the tribe is

going to lease them out. Mr. Ziegler stated he does a lot of horse shoeing around

the Pierre area and it would be closer for him. This matter was tabled till the

next regular meeting in November.

_~, Chairman Jandreau stated he would like to meet with the Tribal Council to go over

the budget. The meeting was set for October 19th,1994.

Shirley Crane stated she had a question about hunters being on deeded land and

leaving it trashy. Mr. Jandreau stated it wasn't deeded land it was allotted land.

Mr. Jandreau stated on individual allotted land, if you own that piece you can post

it or do what's necessary to keep hunters off of it. Shirley Crane stated that

Norma Grassrope's children came back scared because hunters were shooting to close

to her house. Mr. Jandreau stated a officer had went up there but by the time he

got there the hunters were gone. Mr. Jandreau stated their is to be no hunting so

far within a certain distance of a building or dwelling.

Shirley Crane asked what the status of Brule' Industries was at this time. Chairman

Jandreau stated a meeting was to be set up shortly. At the last board meeting it

was discussed whether to dissolve or re-establish the company.

Benjamin Thompson Jr. stated the tribe needs more trash dumpsters. Chairman

Jandreau stated Mr. Mark Gibson said he could repair and could possibly build some

more. Benjamin Thompson stated we need at least ten more Dumpsters. Chairman

Jandreau authorized Mr. Ben Thompson to look into getting the Dumpsters made.

Benjamin Thompson Jr. stated all the school kids that come into the tribe and

request money for school activities, that we could break the community into

sections and have them keep their sections clean. Maybe two or three times a year.

Benjamin Thompson stated that you make it a requirement if they want money for

projects they have to pick up trash and keep it picked up, a school year long

project. Mr. Jandreau stated the kids can come back to the council on who is going

“™~ to be responsible for what area and it must be done regularly not just once. Tribal

‘ Council Concurrence.

James Hawk Wing stated that he had a request form the Golden Buffalo Casino

employees. They asked to be recognized as a vital asset to the casino. Mr. Hawk

Wing stated he had been hearing people were going to other casinos because of

better wages. Mr. Hawk Wing stated the employees should get annual and sick leave.

They are not machines. The employees can't go year around without some kind of

fringe benefit. Some of them get comp time but they can't even take it off.

Chairman Jandreau stated as far a vacation, every permanent employee earns a

vacation. Orville Langdeau Jr. stated one of the grips stated was how the Casino

Employees are treated with the small loans program. They feel they work for the

tribe they should be considered as tribal employees. Chairman Jandreau stated Mr.

Langdeau you were a part of the party that help set up the policies and it was

agreed in the policies they had no assignable annual leave. That's why it was set

with different levels. Mr. Jandreau stated he had heard the complaint many times.

Mr. Langdeau stated the casino's new policies are going be reestablishing a new

committee and on there is a position for a Tribal Council member. James Hawk Wing

stated the biggest grip is the small loan program. They feel they take a back seat

in the program. Chairman Jandreau stated the easiest way for them to do that is to

start there own with the bank. They would be earning interest on any balance. They

would have to set it up as a employee based program. (James Hawkwing left the

Tribal Council Meeting at this time.)

14. LOWER BRULE EMPLOYMENT ENTERPRISE: Chairman Jandreau stated Lower Brule

Enterprise's is requesting a advance on their credit line in the amount of

$242,000.00. Motion was made by Richard P. Thompson Sr. to approve the credit line

%

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of $242,000.00 to L.B.E.E. This motion was seconded by Shirley Crane. Motion

‘carried with vote being four members for, none opposing, one absent and none not

voting.

15. SCOTT JONES REQUEST: A request was received from Scott Jones for assistance

from the Tribal Council for a loan of $1,500.00. Motion was made by Richard P.

Thompson, Sr. to approve the loan of $1,500.00 to Scott Jones. This motion was

seconded by Shirley Crane. Motion carried with vote being four members for, none

opposing, one absent and none not voting. Orville Langdeau Jr. stated that two

people had approached him on the same thing and I told them at this time there was

no funds available. Ethel Quilt requested a loan of $150.00 and would pay $100.00

the first of the month and $50.00 the next month. Irene Flute requested $150.00

pending land sale. Discussion was held on setting up some kind of pay back plan for

each person.

16. ALAN LIEN & PAUL POOLER-WEED CONTROL: Alan Lien stated they were in the

process of putting together a proposal for noxious weed control. Mr. Lien stated in

the last two years the BIA has received $10,000.00 for weed control. This year we

would like to try a new approach of trying to take some insects that feed on the

weeds. It would help if we can get a cooperative agreement on the proposal to get

the funding. Paul Pooler stated chemicals don't seem to be working. The insects

will get the seeds. The Corps of Engineers said they would not spray to give the

insects time to build up there numbers. The BIA will buy the insects. Department of

Ag will provide some type of assistance, guidelines they have been doing this the

last couple of years. It will take about $3,500.00 to get started compared to

chemicals which cost a lot more, We need the Tribal Council to sign the agreement.

The Corps of Engineers has already signed the agreement. Motion was made by Richard

P. Thompson to sign the agreement with the BIA for noxious weed control. This

motion was seconded by James Hawk Wing. Motion carried with vote being five members

for,none opposing, none absent and none not voting.

17. TRAILER COURT: Benjamin Thompson Jr. stated their is a need to have a

trailer park set up. Chairman Jandreau stated a former Council member was

interested in starting a trailer park and I would like to let him have the

opportunity to present his proposal to the Council.

18. LBST COURT: Benjamin Thompson Jr. stated a person had brought in there

receipt for a cash bond and the case had been dismissed, therefore she should be

able to get her bond money back. The whole file at the court house was misplaced or

something. Chairman Jandreau stated at this time what we have been doing is on the

bases of people providing a receipt we have been returning their money from the

court fund. An audit on the court system is suppose to be completed by the BIA. At

that time we will be forced into making some kind of decision. Benjamin Thompson

Jr. stated if their is no paper work in place, the clerk of courts is not doing her

job, not recording all that stuff. Shirley Crane asked if this would come before

the Council again, and soon. Benjamin Thompson stated if all these cases are

getting dismissed and people have money coming. Chairman Jandreau stated if they

have a receipt they will get there money back. Benjamin Thompson Jr. stated what if

they lost them or misplaced them, should I tell them the Chairman said if you don't

have a receipt your just out of luck. Chairman Jandreau stated if that's where you

want to put the horse that's fine. Benjamin Thompson Jr. stated we need to get a

better system going up their. Chairman Jandreau stated their is a better system

right now, we have had no complaints and the money is going into the court fund and

being presented as it should. Shirley Crane asked if Marie Charger is clerk of

‘courts and can she take the bond money? Chairman Jandreau stated Maria Charger is

the only one authorized to take money. Shirley Crane stated Jensen Big Eagle's bond

money, he did get it back from Crystal Medicine Crow. Chairman Jandreau stated he

would let Lisa Estes know.

Discussion was held on the request from Ethel Quilt for a loan of $150.00. Motion

was made by Orville Langdeau Jr. to grant Ethel Quilt‘s request of $150.00. This

motion was seconded by Shirley Crane. Motion carried with vote being five members

for, none opposing, none absent and none not voting.

The Lower Brule Sioux Tribal Council meeting recessed at 2:52 PM. The Lower Brule

Sioux Tribal Council meeting reconvened at 3:04 PM, with all Tribal Council Members

present. Also present was Pat & Annette Big Eagle.

19. PAT & ANNETTE BIG EAGLE REQUEST: Pat Big Eagle stated they needed to get

help for Dustin's house. There is a lot of things wrong with it. Does the Tribe

have any H.I.P funds or anything to help him with it. The wiring is shorting out.

Benjamin Thompson Jr. stated Dustin is on the H.I.P list but did not think he could

get help this year or even next year. The list is long and the Elderly go first.

Orville Langdeau Jr. asked what it would cost to rewire? Benjamin Thompson Jr.

stated it would cost around $4,000.00 or $5,000.00 or more to fix it up. Annette

Big Eagle stated the main problem is the wiring. Mr. Big Eagle stated the most

critical things are the roof and electrical. Chairman Jandreau stated someone needs

to evaluate the value of the house. I know the sills were bad in it and everything

else. You might as well go for total renovation.. Chairman Jandreau asked if title

had been turned over? Pat & Annette Big Eagle stated it had. Chairman Jandreau

stated he could ask Dean Heida to take a look at it. Motion was made by Richard P.

Thompson to get a estimate on the home. This motion was seconded by Benjamin

Thompson Jr. Motion carried with vote being five members for, none opposing, none

absent and none not voting.

The Lower Brule Sioux Tribal Council meeting recessed at 3:24 PM. The Lower Brule

Tribal Council meeting reconvened on October 19,1994 at 10:55 AM, with all Tribal

Council members present. Also present was Boyd Gourneau and Patti Moore.

1. CEDBG-BOYD GOURNEAU: A letter of request was received from Boyd Gourneau for

a CEDBG grant for starting a cattle and horse business. The purpose of the the

business is for him to become self-sufficient. He would like to raise rodeo horses

and be able to get our youth in the community involved in rodeo activities. He

feels we have many young and talented people in our community who would be

excellent at the sport, if only given the opportunity. He has always been involved

with the responsibility that goes along with taking care of cattle, as he has

helped his father for years. It is a goal and a dream to operate a ranch of his own

full-time. The total need is $30,000.00. Motion was made by Richard P. Thompson to

approve Boyd Gourneau grant for $30,000.00. This motion was seconded by James Hawk

Wing. Motion carried with vote being five members for, none opposing, none absent

and none not voting.

2. CEDBG-TONI ROUILLARD: A letter of request was received from Toni Rouillard

for a CEDBG grant in the amount of $4,500.00 for the purchase of a trailer to

operate a day care center and a tax preparation service. Motion was made by James

.. Hawk Wing to approve Toni Rouillard's grant request of $4,500.00. This motion was

seconded by Benjamin Thompson Jr. Motion carried with vote being five members

for,none opposing, none absent and none not voting.

3. DAVIS GROOMS-REQUEST: A letter of request was received from Davis Grooms for

assistance to winterizing his trailer as he has a new member of his family. Mr.

Grooms submitted a list of the things he needed which came up to an amount of

$250.00. Orville Langdeau Jr. asked if this was a loan request? Chairman Jandreau

stated it was assistance. Motion was made by Richard P. Thompson to approve Davis

Grooms request of assistance in the amount of $250.00. This motion was seconded by

Orville Langdeau Jr. Motion was carried with vote being five members for, none

opposing, none absent and none not voting.

4. ALVIN JOHNSON-REQUEST: A letter of request was received from Alvin Johnson

for a loan for car repairs and clothes for his children. Mr. Johnson stated he had

several medical appointments and he needed his car fixed. The loan would be paid

back $200.00 at the first of each month plus interest. Benjamin Thompson Jr. stated

the Tribe should have the checks made to the venders, so we don't have the same

request coming back months down the road. Motion was made by Orville Langdeau Jr.

to approve Alvin Johnson request for a loan of $800.00, but would like to have it

stipulated to safeguard both needs that he be given purchase orders that go to the

venders for his purchases. This motion was seconded by Benjamin Thompson Jr. Motion

carried with five members for, none opposing, none not voting, none absent and none

not voting.

'S. BURT GOODFACE REQUEST: A letter was received from Burt Goodface for a loan of

$1,000.00 to purchase a car. Motion was made by Benjamin Thompson Jr. to grant Mr.

Goodface his request that he take out a payroll deduction of $50.00 a pay period to

pay the loan back. This motion was seconded by Shirley Crane. Motion carried with

five members for, none opposing, none absent and none not voting.

6. JUVENILE DETENTION CENTER: Steve Seivert, Donna Hamparican and Kent Berkley

entered the Tribal council meeting at this time to discuss the need for a Juvenile

Detention Center here in Lower Brule. They have been conducting interviews with

people in the community, such as IHS staff, police department and community

members. They would like to get an overall view of what kind of juvenile problems

we have and how they can help. They can provide technical assistance to communities

with Juvenile Justice Systems. They would like to ask questions of the tribal

council to what they feel some of the needs of the community are and what type of

troubled children we see. Kent Berkley asked what children do you visualize in

trouble and what are the characteristic. James Hawk Wing stated he is concerned

about the kids coming from broken homes, alcoholic homes and kids who are involved

in domestic violence, I feel this is some of the reasons the kids act out in

school. Donna Hamparican stated the problems mentioned allot are absenteeism and

truancy and this could be be tied back into the problems the kids are having at

home. Chairman Jandreau stated he thinks it runs much deeper then that it may have

to due with the lack of awareness and lack of cultural awareness. This is hard to

deal with in an area which poverty is not far behind. Our children lack coping

skills-making the transition between two cultural backgrounds difficult. The

_ educational system-primary goal is not dealing with the students for who they are,

‘ but rather of who the teachers would like them to be. Our children are lacking in

identity. Teachers should become more culturally sensitive. They need to project a

real understanding of what is happening in the community. Chairman Jandreau stated

he would have to disagree with James Hawk Wing a little bit, not every absent or

tardy child is coming from an alcoholic or substance abuse home. Allot is just the

bases they can't deal with things, because we were not educationally set up to deal

with things in the first place. Mr. Berkley stated he would like the Chairman to

explain what you just described in the school setting to other institutions such as

the court room setting. Their are some court systems that have integrated tradition

practices. Mr.Berkley asked is this something that is missing here? Chairman

Jandreau stated he believed it was. The Navajo court system is becoming more copied

or implemented. People being more responsible for themselves. They seem to be

having a real marked success with the Peace Maker System that they have at Navajo.

It is set up like a court setting but all the people involved set down and work

through the process even the sentence.

Donna Hamparian stated two very distinct problem have been addressed. 1. How do we

get the kids to school. 2. How are we going to address these problems. Mr. Berkley

asked do you think the approach of the school is going to have to be different?

Chairman Jandreau stated that there was a whole list of things that were projected

by the council that they would like to see implemented in the schools. One of the

things they asked was to see the teachers spend more time with the students and

parents. 90% of our teachers live off the reservation. They come at 8:00 A.M. and

are gone by 4:00 P.M. This creates a sense of two totally different lives for the

students and the teachers. They demand respect for 8 hours and then have no contact

after the 8 hours. We need more members to assume this role as teacher. We need to

validate the parent as a teacher. Donna Hamparican asked what was causing the

shortage of certified teachers. Orville Langdeau Jr, stated its only recently that

the education system has been preparing our children for college. They are not

pushing our kids and making them work to their fullest potential. Donna Hamparican

asked are the students getting enough curriculum to build pride about being Indian.

She also asked if the kids that go to missions schools are more likely to go to

college? Mr. Langdeau stated yes, he feels that they are more educationally

prepared, since his father came from a mission school. Chairman Jandreau stated

yes, but they also never come back to the reservation, because they were taught

that they didn't need to become a part of that system. I believe that others

systems had allot to in destroying our family structures, not validating life on

the reservation. Donna Hamparican asked what can be done so that 20 years from now

the high School students can feel more comfortable with themselves? Chairman

Jandreau stated that we will be giving the young people with responsibilities of

governing. We don't have a system that maximizes their sense of knowing who they

are as a member of the Lower Brule Sioux Tribe and as an Indian. This is something

we need to do. Mr. Berkley asked what about the younger people, do they recognize

their traditions? Chairman Jandreau stated we are attempting to do what many

reservations are doing. Bringing back our culture and preserve our language The

language is being taught in school. James Hawk Wing stated that on his own personal

experience in boarding school, he never was allowed to speak his language. They

tried to take it away. What Chairman Jandreau talked, about our cultural identity

that's where our problems lie. Chairman Jandreau stated that there has always been

a competitiveness among our people. But when you take that and channel that outside

of preservation into the area of individualism that probably is the greatest factor

that breaks down the culture more than anything else. Because Indian people the

only recognition that was received traditional was that, what was given to you.

Individualism was not important. Kent Berkley stated you all agree not only the

children need cultural awareness, but the teachers need to be culturally competence

to help the students identify. Shirley Crane stated she believes the teachers and

kids need to learn more of our language and our culture. Donna Hamparican asked are

—~, you seeing children who don't respect themselves since the parents don't respect

themselves. Is that part of what we are seeing? Orville Langdeau stated loss of our

culture is sad. Shirley Crane stated alcoholism has devalued allot of our values.

Mr. Berkley asked if the tribe was satisfied with the relationship with the BIA?

Chairman Jandreau stated he had never been satisfied with it. Richard Thompson Sr.

Btated his Dad said if you can't say something nice about somebody don't say

nothing. Donna Hamparican stated she was astounded that you have 9 year old in your

adult jail. Does that make you uncomfortable? Richard Thompson stated where do you

go. You may have a suicidal person. Chairman Jandreau stated other avenues are to

ship them miles and miles away. Donna Hamparican stated you do need a place for

students to go. Isn't that the bottom line here. Chairman Jandreau stated the

process will be successful if the community as whole is buying this philosophy.

Discussion was held about the Kul Wicasa-extended family. Validating the roles of

the extended family, teaching the values and traditions. These are the things

needed to heal the whole. We all are talking about a healing process.

Donna Hamparican stated that participation in practicing in traditional ways and

ceremonies would be great for kids in trouble. This is what can help these children

instead of sending them a hundred miles away. Chairman Jandreau stated the whole

value of what your saying is simple. The adult prison system (where Native

Americans are) have moved towards the practice of traditionalism and where their is

strong sense of traditionalism or at least the respect for it on the reservation

that they can adhere to it provided that it does not become a political problem.

There has been a on going stabilities that have occurred in peoples lives and there

has been a competition between the two settings that you find in the prison system

that has drawn them towards ceremonies activities will be lost when they come out.

The Federal government and Christianity displayed by the individuals who display it

has created allot of division on the reservation. By the token, traditionalism has

isolated itself and has become a religion rather than a way of life. Kent Berkley

asked if the sweat lodge had been used for rehab. Chairman Jandreau stated no, not

to my knowledge. Orville Langdeau stated there is a lack of understanding of the

sweat lodge. There would have to be education involved allot of other variables

that go with it. Chairman Jandreau stated we can legislatively validate the

ceremonies but the community would also have to validate it. Donna Hamparican

stated I am hearing that people are concerned with not allowing the children to

stay on the reservation but these children are being taken off the reservation.

Chairman Jandreau stated that the State doesn't allow children to stay with

relatives and pay for their upkeep. But would, if children were not related. There

care can be off-set if church or religious people were to take them in, off the

reservation. They would give them $350.00 a month and pay for their clothing and

food. Our Social Services from the BIA spends $300,000.00 a year for our foster

care that would be enough for us to set up our own facility right here and fund it.

But we need a plan. Steve Sievert invited the council to a meeting at the casino at

3:30 to go over all the information that was gathered. Chairman Jandreau stated the

Social Services is handing most of the Juvenile Delinquents rather than the court

system primarily because its quicker to place kids by going to the Social Services

, State and BIA, bypassing the court system. We need to have Noble LaCroix at the

meeting this afternoon. James Hawk Wing stated that its hard to get the kids back

from the state when they place them in foster care. It takes almost a year for the

parents to get there kids back. Mr. Berkley stated the Social Services have to make

a showing that they are trying to unite the families.

Discussion was held about the placing of children-the process and the removal of

children.

oo

Chairman Jandreau stated the council salaries needed to be set and the Council also

needed to decided if they would like them changed. Chairman Jandreau would like to

incorporate a cost of living raise for the staff of at least 5%. Motion was made by

Richard P. Thompson to give the employees a 5% cost of living raise. This motion

was seconded by Shirley Crane. No discussion. Motion was carried with vote being

five members for, none opposing, none absent and none not voting.

Discussion was held on council members salaries, comparison to other council

people. The council decided that the salaries would be {Chairman-$50,000.00 and

Council Members-$35,000.00}. Motion was made by Richard P. Thompson to raise the

Council members salary $10,000.00 across the board and the Chairman's salary to

$50,000.00. This motion was seconded by James Hawk Wing. Motion carried with vote

being five members for, none opposing, none absent and none not voting.

Salaries will be retroactive to October 5, 1994.

Following discussion was held. Richard P. Thompson asked when the next meeting was

set for and if the council was going to meet every Wednesday. Next meeting will be

held October 26th, 1994. Richard P. Thompson stated he would like to get the

meetings set up with the youth for the youth council. Chairman Jandreau stated the

advisor was suppose to get back to the council about a date.

Orville Langdeau Jr. stated there is a need for more office space. Chairman

Jandreau stated we were turned down for the new multipurpose building and Shirley

Marvin was going to resubmitt some more information on it. Richard P. Thompson

stated the council should meet with her about it. Orville Langdeau Jr. asked what

the possibility of turning the council chambers into offices and having the tribal

council meetings at the convention center. Chairman Jandreau stated he thought we

can get by till we look at some different options for additional space.

James Hawk Wing stated he would like to know what the council could do for the

youth about the fund raising issue. Chairman Jandreau stated the youth have to get

involved in the whole process. They need to come up with there own ideas. Chairman

Jandreau stated he had talked to Debra Isburg from the LBHA and she said the kids

could contract her at the Housing to do work for her, like painting houses or help

cleaning them up. The kids need to learn they have other options besides coming to

the tribe all the time for money. Orville Langdeau Jr. asked Chairman Jandreau if

he received the request from the Grade school for the Halloween Carnival? It will

be approved if its under $300.00.

Discussion was held about the dogs and the complaints received from the Elders

about them. A letter should be given to the Wildlife for eliminating mangy dogs or

untagged dogs. Benjamin Thompson Jr. stated there should be a fee on the dog tags,

so than maybe people would only keep one dog. This matter was tabled until the next

meeting.

The Lower Brule Tribal Council meeting recessed at 1:35 P.M. The Lower Brule Sioux

Tribal Council meeting reconvened on October 26,1994 at 10:55 A.M. with Benjamin

Thompson Jr. absent. Also present was Stuart Langdeau, Jeannie Langdeau, Hank

Bocker, Bob Kelley, Tom Ziegler and Amelia Felicia.

1. BUDGET: Chairman Jandreau stated the tribal budget was not ready yet.

Chairman Jandreau also stated the finance was trying to prepare for a meeting with

_——~

Northern Plains tomorrow about the Scared Hills Project. They have changed staff

and did not report this to us. We called CESAT to discuss this with them and they

did not know either. We have a contract with them and we are responsible for them

financial. The meeting is set up for October 27,1994 at 10:00 A.M.

2. INSURANCE-BOB KELLY: Mr. Kelly stated the medical insurance is up for renewal

November 1st,1994. The first time in three years we have rate increase as of

October Ist. Affiliated with 20 insurance companies. I took bids from 5-6 companies

and took the top 4 companies and the one your now with. American Medical don't have

a preadmission and don't have claim forms. But can’t tell about fairness with no

paperwork. The net premium last year was $160,000.00 and an amount of $120,000.00

in claims. Then they figure the rate increase which would be 28% this year. A

Single policy went from $175.00 to $231.39. Monthly billing for September was

$18,770.00 and the one for October was $22,552.00. I have companies the will take

it for about $15,000.00 so were talking about a sizeable savings. Travelers is

pretty good, Guardian and Lincoln Mutual is a Blue Cross and Blue Shield Company of

North Dakota. They are all stable and safe. Review of table. All enrolled members

are 100% covered with IHS. New vision plan pays 89% to maximum of $300.00. The

tribal council reviewed each company and selected Guardian which consist of:

Life-$20,000.00-ADD,$2500.00-DL Loss of Time Disability $100.00 week ist day ACC-7

day sickness. Major Medical Max. $1,000,000.00. Co-insurance Deductible-stop

lose-employee—dependent— 80-20-on $5000.00-$500.00-$1000.00-$2000.00. Plan

Explanation -supplement accident-waived-Chemical dependency-$30,000.00. Special

Features-second surgical at 100%- birthing contract-pre-admission-testing 100%

Hospital unlimited. Life and Dep. Life-7.00+1.72 {8.72}, Disability-6.00,employee

146.97, spouse 285.62,child 268.28, family 406.96. Optional-Vision 7.50-12.00,

oh eee 14.00-19.00. Discussion was held on each company. Chairman Jandreau stated

should change insurance companies today because of the re-enrollment time. It would

have to been done this week.

3. STUART & JEANNIE LANGDEAU REQUEST: A letter of request was received from

Stuart and Jeannie Langdeau for approval of a GEDBG grant in the amount of

$21,000.00 for the purchase of 50 heifer calves. His father will be providing the

in-kind contribution.

Following discussion was held. We have expended appropriations of what we have

currently, in the FY-95, their is another $125,000. Approving this is contingent

upon the release of the new funding. Right now their is 75% available.

By Tribal Council concurrence the Lower Brule Sioux Tribal Council entered

Executive session at 12:09 P.M. The Lower Brule Sioux Tribal Council came out of

Executive at 12:24 P.M.

Chairman Jandreau stated after Executive Session the Council decided that in order

to help as many grantees as possible. They feel the need to set a level of

$15,000.00 maximum for grants in order to make the money stretch as far as possible

to help as many grantees as possible. Motion was made by Richard P. Thompson to

approve setting a maximum of $15,000.00 for each grant request. This motion was

seconded by Shirley Crane. Motion carried with vote being four members for, none

opposing, one absent and none not voting.

STUART LANGDEAU REQUEST: Request of a CEDBG grant. Chairman Jandreau stated the

*ycouncil has set the grant level at $15,000.00. Motion was made by Richard P.

Tr’

Thompson to grant Stuart Langdeau the limit of $15,000.00 set by the council. This

-~ any money being moved around without our approval. Motion was made by Richard P.

““ympson to approve Noble LaCroixc drafting a the letter and passing a resolution

stating any moving of money by the BIA within the Band with out the approval of the

Lower Brule Sioux Tribal Council is opposed and will continue to be opposed. This

motion was seconded by Shirley Crane. Motion carried with vote being four members

for, none opposing, one absent and none not voting.

12. LBST COURT: Noble LaCroix stated the ID inspector will be here this week to

open the preliminary work on the audit on the court system.

13. POLICY HUNTERS: Chairman Jandreau stated there is a new Wildlife request

about hunters going onto lands and hunting without permission. Chairman Jandreau

stated he is going to have Sandy LaCroix get a letter to each one of the operators

to come to a meeting, so we can have their input about this matter. She will ask

them to be at the next meeting which will be next Wednesday.

The Lower Brule Sioux Tribal Council with no further business recessed at 2:18 PM.

The Lower Brule Sioux Tribal Council reconvened on November 2, 1994 at 10:58 AM,

with Chairman Jandreau arriving late.

ADJOURNMENT: Motion was made by Richard P. Thompson to adjourn the October

Regular Session meeting. This motion was seconded by Shirley

Crane. Motion carried with vote being four members for, none

opposing, one absent and none not voting.

CERTIFICATION

The foregoing is a true and correct transcript to the Minutes from the Regular

Meetings held by the Lower Brule Sioux Tribal Council on 6,12,19 and 26th of

October, 1994.

wher tA LeacD

SANDY LACR‘ OAX, RECORDING CRETARY

LOWER acne SIOUX TRIBAL UNCIT,

oo

LOWER BRULE SIOUX TRIBAL COUNCIL

REGULAR SESSION

JANUARY 9, 1995

PRESENT: Michael B. Jandreau, Chairman ABSENT: None

Orville Langdeau, Jr.

Shirley Crane

Benjamin Thompson, Jr.

James Hawkwing

Richard P. Thompson, Sr.

ALSO PRESENT: John Carr, Tony Moran, Noble La Croix, Paul Pooler, Julian Brown,

Ralph & Diane Bingen, Howard Paul, Scott Jones,Clarence Thompson, Brian Baus,

Stuart Langdeau, Boyd Gourneau and Dan Hudspeth.

The Lower Brule Sioux Tribal Council meeting was called to Order by Chairman

Michael B. Jandreau at 1:23 P.M. Roll call was taken by Recording Secretary Mary

Jane Middletent and the Lord's Prayer was led by Chaplin James HawkWing.

1. JOHN CARR-WAGON TRAIN: Chairman Jandreau stated Mr. John Carr was here today

to ask permission to cross a section of Tribal land with his wagon train. They

‘would like to camp at Iron Nation for one night. Richard P. Thompson asked Mr. Carr

to keep us in mind for next year maybe we could have a wagon train for the

Stampede. Motion was made by Richard P. Thompson to grant Mr. Carr's request to

cross Tribal Land. This motion was seconded by Benjamin Thompson Jr. Motion carried

with vote being five members for, none opposing, none absent and none not voting.

2. LOWER BRULE FARM COOPERATION-BRAIN BAUS: Mr. Brian Baus from the LBFC was

here today to give a report on the Farm. The farm had a profitable year. Mr. Baus

submitted the yearly reports. Lentils were not doing good this year and will be

replacing them with sunflowers. Navy beans did good, beginning of the year they

were 16¢ and rose to 28¢ by the end of the year. Mr. Baus stated this is the third

best year the farm has had, in 1988, 1990 and this year 1994.

CLARK UNIT-CROP REPORT- Total Production- 12-14~-94- { Corn-118,686 bu.-Milo- o

Lbs-Navy Beans- 498,363 lbs.- Popcorn-791,271}

GRASSROPE UNIT-CROP REPORT- Total Production-—- 12-14-94 { Corn-295,975 bu.-

Potatoes-147,968 cwt.- Navy Beans-2,393,851 lIbs- Pop corn-3,647,902 libs- [ron

Nation- 1,476,905-— Pinto Beans-— 1,168,706}

WILLIAMS UNIT-CROP REPORT- Total Production- 12-14-94 { Wheat-55051 bu-

Lentils-307390 lbs-Milo-11078 bu-Sunflowers-—595280 bu-Corn-11672-bu- Rye~O-bu.

Will add the Dalgren land with 11 different crops this year.

3. HOUSING-DEBRA ISBURG: Deb Isburg stated the council needed to get out to the

community the advertisement that we are taking names for interested community

a

members to set on the Recreations & Parks Committee. It should be posted and the

members selected at next Tribal Council meeting. Deb Isburg stated in the selection

of the location, I feel it should be built behind the Housing Authority. Chairman

Jandreau stated we should hold a meeting between Deb,, myself and AA Program

discussing tying the two together (the Teen Help Center and the Swimming Pool).

Shirley Crane stated she would like to see the two together and moved behind the

Housing because right now the Teen Help Center is in the in industrial park area.

Chairman Jandreau stated we need the adults to participate. The committee of the

Teen Help Center has really not been meeting. Debra Isburg stated any plans for

expansion is not being met. Their will be more room to expand if its placed behind

the Housing. Motion was made by Shirley Crane where ever the swimming pool is

located designate the surrounding area as Youth Services area. This motion was

seconded by Richard P. Thompson. Motion carried with vote being five members for,

none opposing, none absent and none not voting.

Orville Langdeau asked Debra Isburg why she did not go through the Lower Brule Bank

with the money for the swimming pool. Debra Isburg stated she had left messages for

the bank to get a hold of her, and the bank never returned her calls or he didn't

get the message. I can move the money from Chamberlain to the Bank here.

4. DEB ISBURG-DUMPSTERS. The LBHA would purchase 12 dumpsters for the community

and the BIA would purchase 8 dumpsters. Motion was made by Orville Langdeau Jr. to

request the LBHA to purchase 12 dumpsters for the community. This motion was

seconded by Shirley Crane. Motion carried with vote being five members for, none

opposing, none absent and none not voting.

5. CEDBG GRANT-DEB ISBURG-WILLIAM JANDREAU: this matter was tabled at this time.

6. HOWARD PAUL-—INTARKE SYSTEM: Howard Paul is here today discuss the IHS intake

system. Chairman Jandreau stated it would cost $250,000.00 to do the building for

the filtration. In discussion it was indicted this facility will not meet safe

drinking water requirements. IHS does not have the dollars to construct. We are in

a catch 22 position here. Mr. Paul will review this week the engineering done by

IHS. Mr. Paul stated the draft will not be out this week. Chairman Jandreau stated

if we want to provide water to Mini Wiconi we will have to change the design to

some degree and acquire more money to put the treatment building in place. Howard

Paul stated 7 people from the IHS were present, lengthy discussion, what is planned

and what will work. What the IHS is planning, but is it going to meet the

standards. IHS is planning two more pressure sand filters, and their will not be

room for any more. This will not give you what you need. We proposed $250,000.00,

no way is this enough. This will not begin to touch the needs of Lower Brule to

serve their own people let alone Lyman Jones. This is what I propose, IHS design

filtration system and in the mean time we will expand needs assessment on Mini

Wiconi Project to meet total needs on water treatment on budgets restraints etc. I

feel IHS is giving a bandage planning approach. This is not a good method of

meeting the drinking water requirements. The present needs and the ones for years

to come. Mini Wiconi will do this. We are looking at the water treatment plant. We

will review IHS design and expand water treatment needs on Mini Wiconi assessment.

Chairman Jandreau stated I am frustrated, we have to move fast to complete this

coming year. We are requesting to 638- $150,000.00 to $200,000.00 to have facility

done and meet all requirements to meet SDACT. Howard Paul stated what you will need

is a totally new plant. The existing building is limited. Running raw lake water

onto filters and hoping filters take care of it. You need a settling pond. The

present building could be used for a lab and office. The last few years you have

grown, casino ,motel and etc, you need long range Planning. You need to start

funding requests now, before problems. Julian Brown stated the system your talking

about is the only way to avoid worst case scenario. Howard Paul stated you could

have a community full of sick people and people coming to the casino, not uncommon

case. You need good chlorination. If you can taste it and smell it you don't have

enough in the water. Lower Brule can wait for Mini Wiconi, could be 10 years until

the yes to get Lower Brule authorized. I doubt that what is being planned will last

7-8 years and may not meet standards in a year or so. Chairman Jandreau stated may

not meet standards when constructed. Howard Paul stated when you are looking at

water supply you have to look at waste water septic also. EPA will watch very

close, Lower Brule's discharge septic, because of the river. This business of

bandage approach doesn't work. Julian Brown stated EPA also gives fines of

$5,000.00 a day. Howard Paul stated yes, and they fined Pierre $63,000. We will try

and get the best possible septic you need but you are under funded. Chairman

Jandreau stated will try, when reviews are done, get a dollar range, and go to HUD,

IHS, anywhere to get addition dollars to meet need. If there is a resolution on

their part to assist us I will go directly to congress and I will file formal

complaints. We are constantly being placed down because we are small and our casino

and etc. Howard Paul stated with good long range planning you get a better use of

your dollars. You have an aggressive council and LBEE and etc, and economical

development. We will modify contract with LBEE to review design and improve. Motion

was made by Richard P. Thompson to authorize Howard Paul to help LBEE to modify the

contract for the water system. This motion was seconded by James HawkWing. Motion

carried with vote being five members for, none opposing, none opposing and none not

voting.

Howard Paul stated if you have any question please give me a call 800-952-3598.

5. BOYD GOURNEAU-RODEO-LB FAIR: Boyd Gourneau stated we need to start looking at

the contracts now. Jim Thompson would be cheaper and better than the last announcer

we had. We can not afford the $20.00 contestant fee and $1000.00 per event. The

secretary takes a cut if we charge, $50.00 they charge $70.00. Benjamin Thompson

Jr. stated it would be good to have a Old Man's Rodeo just a one day thing. Boyd

Gourneau stated Faith opened theirs at the same time, their are four rodeos during

ours. Richard P. Thompson stated let us talk about it and we will decide at the

next meeting. This matter was tabled at this time.

6. TONY MORAN-DBE: Tony Moran stated that he is applying to DBE to participate

in Road contracts. They require an application form designed for Indian businesses.

This has not been done for our tribe before. Need council members signatures and it

also needs to be notarized. Shirley Crane asked what will you be able to do. Tony

Moran stated we can bid in the state and try and sell our products. Motion was made

by Orville Langdeau Jr. to authorize submission of DBE application. This motion was

seconded by Benjamin Thompson Jr. Motion carried with vote being five members for,

none opposing, none absent and none not voting.

7. CLARENCE THOMPSON-CATTLE: Clarence Thompson asked if Dan Hudspeth could be

called to the meeting. Mr. Thompson stated he was having problems with people

taking cattle off his land. 35 head were missing this year. No brand inspection on

@ast side of river. I need help from the Tribal Council. My eye sight is getting

bad and I can not watch all the time. I have put out a reward of $5000.00. Noble

LaCroix stated he was mailing out 300 of Clarence's posters.

8 SCOTT JONES—SISSETON/WAHPETON: Scott Jones stated 1870 lineal descendence was

granted temporary injunctions, Feb 2,1995, not everyone that was involved was

contacted. Lower Brule would come in on the class action suite. Rick Johnson is the

representative for the suite. The council should discuss this with the tribal

attorney.

9. NAGPRA: Scott Jones stated we have several items, sacred funerary household

etc. that will be brought back home, we can not handle this without a board. We

need to develop a museum board. Museums are selling these things to private

individuals and others to keep them out of Indian hands.

10: BLACK HILL MONIES: Chairman Jandreau stated area tribes are developing board

for the Black Hills monies. I would ask the council to name John Estes Sr. as

representative on the Treaty Council. Motion was made by Benjamin Thompson to

appoint John Estes Sr. as the delegate on the Treaty Council Board to represent The

Lower Brule Sioux Tribe. This motion was seconded by Richard P. Thompson. Motion

carried with vote being five members for, none opposing, none absent and none not

voting.

11. REPRESENTATIVE MINI SOSE BOARD: Chairman Jandreau stated we need a

representative to set on the Mini Sose board. I would like Boyd Gourneau as

alternate and authorize him to be able to go with the representative that is

appointed. Boyd was our representative before and because of his knowledge I feel

he should stay contacted to this project. This is an important board, to get our

electric cost free, but not until the year 2000. REA is building up to meet that

need. They know we are going to get free electricity out of it. It will be quite a

boom to all the reservations. We need someone who would make the time and attend

all the meetings. Motion was made by Orville Langdeau Jr. to appoint Benjamin

Thompson Jr. to the Mini Sose board and to authorize Boyd Gourneau as alternate to

also attend with Benjamin Thompson Jr. This motion was seconded by Richard P.

Thompson. Motion carried with vote being five members for, none opposing, none

absent and none not voting.

12. CLAIMS: Chairman Jandreau asked the council to become involved in this claim

of the lineal descendents. Julian Brown stated he will do it but it will be outside

his contact. Chairman Jandreau stated we know that and will you do it. ( Benjamin

Thompson Jr. left the Tribal Council meeting at this time) Motion was made by

Shirley Crane to approve Julian Brown, Tribal Attorney, to be involved in Lineal

Descendants claim. This motion was seconded by James HawkWing. Motion carried with

vote being four members for, none opposing, one absent and none not voting.

13. LANDFILL: Chairman Jandreau stated I would like to authorized Elaine White

Pipe to go ahead and pursue contacting a consultant about the development of a land

fill, the cost,generation of dollars, providing regional landfill this types of

information as a monitor thing. Does the council want to put any codicil of

limiting her investigation to only one thing or allowing her to do this on a board

scale. We are going to be faced with the realty that we are going to have a

tremendous cost if we go off the reservation to some other place. Across the state

no one is allowing for landfill development. Understand their is no commitment in

hand for allowing her to look into it. Shirley Crane stated she had no problem in

letting Elaine White Pipe to do the investigation. James HawkWing asked about the

expense. Chairman Jandreau stated, yes, out of her grant. Development would be

different. James HawkWing stated it would have to be a community vote. Chairman

Jandreau stated you would choose at the time to make that decision. James HawkWing

stated he had no problem with her doing the investigation. Orville Langdeau Jr.

Stated he had no problem in her doing the investigation. Richard P. Thompson stated

we will have a meeting just on that by itself. Chairman Jandreau stated, yes, the

only reason we have not is we need the investigation done first. Is was agreed for

Elaine White Pipe to do the investigation by Tribal council concurrence.

Chairman Jandreau stated the High School has put together a plan. Since the Tribal

Council took action that we are always the final source for funding for the kids

and they need to do something in return for the funds. The classes have identified

areas in the community that they will take care of and keep the trash picked up.

to West Brule was not included. We will have to take care of that area.

13. LBSHS: Chairman Jandreau stated we have received the constitution and bylaws

of the Lower Brule Sioux High School Leadership Council. They have some stringent

requirements for membership. They have thought about this. It is small but visible

and have ethic's requirements, officers, meetings and etc. They request the council

to pass this constitution and bylaws. Motion was made by Richard P. Thompson to

pass the Lower Brule Sioux High School Leadership Council's constitution and

bylaws. This motion was seconded by Benjamin Thompson Jr. Motion carried with vote

being four member for, none opposing, one absent, and none not voting.

Chairman Jandreau stated the LBSHS now needed to set up an election process and

determine when your election will be. Heather Goodface and Jessica Wilson were

present at this time and stated they would this. Chairman Jandreau stated a letter

would be sent to them, stating the constitution and bylaws were passed. They then

needed to submit the names and the representatives that will be attending our

regular meetings.

14. PROPANE: Orville Langdeau Jr. asked if the propane drives could get their

Christmas bonus this year. Chairman Jandreau stated we simply do not have the funds

to do that right now. Looking at the budget that is the only reason. As far as

their ability for having done work I don't have any question with that. We are

having such a hard time meeting the financial requirements in this program, and

much of it is because of payroll deductions and charges, poor cash flow. I would

ask that you forestall the bonuses until later, but we will still consider it.

Orville Langdeau Jr. asked if it could be borrowed from the General Fund. Chairman

Jandreau stated we borrowed from the General Fund and we have to get some of that

reduced. LBHA will be requesting for their CD back and we are having a hard time

right now. The CEDBG grants are going to have to be met. We will barely meet the

requirements under that program. Some of those folks have borrowed money

anticipating, on their approval. The federal contacts, I know we submitted a

request for that money but I do not when we are were going to receive it.

Orville Langdeau Jr. asked about Ralph Bingen's situation and what time he should

be here tomorrow. Chairman Jandreau stated at 1:00 and we will take him first.

Diane Bingen asked, Mr. Chairman, why can't we have it now ? It should not take

that long. Ralph Bingen stated just a simple yes or no and if it is a no, I would

like you to explain why. Diane Bingen stated you went through the other ones now

your telling us to come back tomorrow. Chairman Jandreau stated you were all here

before and the agreement at that time was to go through the whole investigative

process and I do not think that has been done. Ralph Bingen stated that is not what

I'm saying, Diane Bingen stated we are asking for retroactive pay from now to back

when he got suspended. Ralph Bingen stated it was based on here say and nothing was

proven. Richard P. Thompson stated it is not for us to say. Orville Langdeau Jr.

stated sure it is we are the governing body of this tribe. Richard P. Thompson

stated it is not the tribe that runs the casino. Ralph Bingen stated doesn't the

tribe own 90%. Scott Jones stated that has been delegated, their is a proper chain

ef command to follow. Orville Langdeau Jr. stated they have already done that. The

Tribal Council superseded the authority of the gaming board.

The Lower Brule Sioux Tribal Council went into executive session at 4:40. The Lower

Brule Tribal Council reconvened at 5:20. The Lower Brule Tribal Council recessed

at 5:30 P.M. The Lower Brule Tribal Council reconvened on January 10,1995, at 1:23

P.M., also present was Wilma & Grover Fallis, Julian Brown, John Van Horn, Diane &

Ralph Bingen, Tiauna Langdeau and Stewart Langdeau.

1. RALPH BINGEN: Mr. Bingen passed out a letter to all the Tribal Council

members. Chairman Jandreau requested that the Vice-chairman, Orville Langdeau Jr.,

chair the meeting. Chairman Jandreau stated he would like the opportunity to vote

as a member of the Tribal Council on this issue. Ralph Bingen is requesting

retroactive pay. Orville Langdeau declined the request to chair the meeting.

Chairman Jandreau stated he will then absent myself and turn the meeting over to

the Vice-chairman. Chairman Jandreau stated I so demand the right to stay present

in the room. Diane Bingen asked the Tribal Council to go into executive session

with only council members and family members present. Orville Langdeau Jr. stated

the Tribal Council would go into executive session.

The Lower Brule Sioux Tribal Council went into executive session at 1:42 P.M. The

The Lower Brule Sioux Tribal Council meeting reconvened at 2:26 P.M.

Orville Langdeau Jr. stated this is the action that was taken in executive session

Tribe will pay Ralph Bingen's salary till investigation is over. The rate of pay

would be $6.20 an hour and he could work somewhere for the Tribe. Motion was made

by Richard P. Thompson for the Tribe to find Ralph Bingen a position with the Tribe

for $6.20 and hour until the investigation is over. This motion was seconded by

James HawkWing. Motion carried with vote being five members for, none opposing,

none absent and none not voting.

At this time the meeting was turned back over to Chairman Jandreau.

Ralph Bingen made a request for emergency assistance of $500.00 to help pay his

bills. Motion was made by James HawkWing to approve Ralph Bingen's emergency

request of $500.00. This motion was seconded by Shirley Crane. Motion carried with

vote being five members for, none opposing, none absent and none not voting.

Chairman Jandreau left the council meeting at this time.

2. JULIAN BROWN-NIELSEN & SENIOR BILLING: Bills were submitted by Julian Brown

and Nielsen & Senior. Motion was made by Benjamin Thompson Jr. to submit billings

to the BIA for review and approval. This motion was seconded by Richard P.Thompson.

Motion carried with vote being four members for, none opposing, one absent and none

not voting.

3. LAND SALE APPLICATIONS: FREEMAN ZEPHIER-CLARK ZEPHIER: Chairman Jandreau we

have received two land sale applications. Motion was made by Richard P. Thompson to

get the appraisals on these land sale applications. This motion was seconded by

James HawkWing. Motion carried with vote being four members for, none opposing, one

absent and none not voting.

4. BRENDA & JERRY LYTTLE LEASE REQUEST: They request to withdraw Tribal Tract

T3050 from their lease. As stated their problems consist of trespassers, cut fences

wires & gates left open. The tract consist of 47.00 acres. Motion was made by

Shirley Crane to approve their request for withdrawal of Tribal Tract T3050 from

their lease and the Lower Brule Sioux Tribal Council does instruct the BIA to

advertise the availability of Tribal Tract T3050. This motion was seconded by James

HawkWing. Motion carried with vote being four members for, none opposing, one

absent and none not voting.

Chairman Jandreau entered the Lower Brule Sioux Council Meeting at this time.

5. BUILDINGS: Chairman Jandreau stated we could use the Bingo hall for a

Day-care Center, it could be open 7 days a week. More activity out their once the

Headstart moves back into their new building would cut down on vandalism. Mary Sue

from the Lower Brule Community College has made a commitment of $4,500.00. The VFW

would have to find their own building. Shirley Crane stated they could use the old

church. They want to use it for a after school center.

Benjamin Thompson Jr. stated the deposit for the steel building needed to be sent

in. This would be used for the maintenance on the Tribes vehicles. The deposit

required is $1,503.00. The total purchase price is $10,161.00. Motion was made by

Richard P. Thompson to approve the purchase of the steel building and to put the

deposit down. This motion was seconded by Orville Langdeau Jr. Motion carried with

vote being five members for, none opposing, none absent and none not voting.

Chairman Jandreau left the Tribal council meeting at this time.

6. MANDATORY WARRANTLESS ARREST ORDINANCE-L.B.S. RESERVATION: Julian Brown

stated their would be a new section about arrest in the LBST code. Motion was made

by Richard P. Thompson to approve the ordinance added on to the laws and rules of

the Lower Brule Sioux Tribe. This motion was seconded by James HawkWing. Motion

carried with vote being four members for, none opposing, one absent and none not

voting.

7. HOWARD PAUL WASHINGTON TRIP REPORT: informational.

8. L.B. INJURY PREVENTION INFORMATION: informational

9. CEDBG GRANTS-DEB ISBURG-WILLIAM S.JANDREAU: This matter was tabled at this

time. James HawkWing asked about Lori Carpenter's CEDBG Grant. Shirley Crane stated

it was contingent on the money coming in.

10. MCH MONTHLY REPORTS: informational

11. LORI CARPENTER-REQUEST: A letter of request was received from Lori Carpenter

to help with repairs on her home unit #65. She submitted her application to be put

on the H.I.P.P. list and she needs a cooking stove and refrigerator. Refer Lori

Carpenter to the LBHA about a stove and Benjamin Thompson to check with Facilities

Management about a fridge. This matter was tabled at this time.

12. H.I.P.P. APPLICANTS FOR APPROVAL-SUSAN QUILT/ VIRGIL FLUTE/LORI CARPENTER:

Susan Quilt/ Virgil Fiute/ Lori Carpenter have submitted applications to be put on

the H.I.P.P. list. Virgil Flute had already been placed on the list. Motion was

made by Benjamin Thompson Jr. to place Susan Quilt and Lori Carpenter on the

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