LOWER BRULE SIOUX TRIBAL COUNCIL MEETING
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LOWER BRULE SIOUX TRIBAL COUNCIL MEETING
REGULAR SESSION
January 15, 2013
Members Present:
Members Absent:
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley. Sr., Secretary-Treasurer
Darrell Middletent, Member
Orville Langdeau, Jr., Member
Shawn LaRoche
Also Present:
Officer Howitz, Yuma House, Captain Chino, Patti Gourneau
Meeting opened at 10:55am – with a prayer led by Secretary-Treasurer John McCauley, Sr.
CLOSE DECEMBER 2012 MEETING
Motion made by Vice-Chairman Boyd Gourneau to close March meeting, seconded by Council
Member Orville Langdeau, Jr. Motion carried with the vote being four for, none against, one
absent, and none not voting.
LAW ENFORCEMENT
Discussion was held on the law enforcement issues on the Lower Brule Reservation
ADJOURNEMENT:
With no further business on the agenda, the January 15, 2013, recessed at 12:33pm.
The foregoing is a true and correct transcript to the Minutes on January 15, 2013.
_________________________________
Patti Gourneau, Recording Secretary
Lower Brule, Sioux Tribe
LOWER BRULE SIOUX TRIBAL COUNCIL MEETING
REGULAR SESSION
March 11, 2013
Members Present:
Members Absent:
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley. Sr., Secretary-Treasurer
Darrell Middletent, Member
Orville Langdeau, Jr., Member
Shawn LaRoche, Member
Also Present:
Patti Gourneau
Meeting opened at 4:11pm – with a prayer led by Secretary-Treasurer John McCauley, Sr.
CLOSE FEBRUARY 2013 MEETING
Motion made by Vice-Chairman Boyd Gourneau to close March meeting, seconded by Council
Member Orville Langdeau, Jr. Motion carried with the vote being four for, none against, one
absent, and none not voting.
OLD SIOUX BOY’S LEASE
Discussion was held on Jacob Brouse and Raelynn Her Many Horses; situation with the lease of
old Sioux Boy’s that was given to her by her mother Vicky Her Many Horses. Council Member
Orville Langdeau, Jr. made the motion to terminate the business lease because of
abandonment, seconded by Council Member Darrell Middletent. Motion carried with the vote
being four for, none against, one absent and none not voting.
Motion to assign lease to Jacob Brouse, (Vicky wrote a letter asking that this lease be given to
Jacob), same terms and conditions of the old business lease, by Council Member Orville
Langdeau, Jr., seconded by Council Member Darrell Middletent. Motion carried with the vote
being four for, none against, one absent and none not voting.
ADJOURNEMENT:
With no further business on the agenda, the March 11, 2013, recessed at 4:23pm.
The foregoing is a true and correct transcript to the Minutes on March 11, 2013.
_________________________________
Patti Gourneau, Recording Secretary
Lower Brule, Sioux Tribe
LOWER BRULE SIOUX TRIBAL COUNCIL MEETING
REGULAR SESSION
April 24, 2013
Members Present:
Members Absent:
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley. Sr., Secretary-Treasurer
Orville Langdeau, Jr., Member
Shawn LaRoche, Member
Darrell Middletent, (Dr. Appointment)
Also Present:
Meeting opened at 11:31am – with a prayer led by Secretary-Treasurer John McCauley, Sr.
CLOSE AUGUST 2012 MEETING
Motion made by Vice-Chairman Boyd Gourneau to close March meeting, seconded by Council
Member Orville Langdeau, Jr. Motion carried with the vote being four for, none against, one
absent and none not voting.
OACOMA PROJECT
Meeting with Richard Rangel and Phil Hogan to discuss the Oacoma Casino Project that the
tribe is developing. They have composed a letter that will be given to the Aberdeen Area Office
that will include exhibits and Patti Gourneau will assist in gathering information and data
needed to complete the letter. This letter and package will be hand delivered to the Area
Office.
EDUCATION LINE OFFICER POSITION
Discussion was held with Cody Russelll and Dan Shroyer about the Education Line Officer
position here in Lower Brule. Chairman Jandreau stated that there is a quorum present, he
recommends that the tribe 638 the position of Line Officer and request that Dan SHroyer and
Cody Russell work together to develop a scope of work and a budget so the tribe can move
forward with this action. Vice-Chairman Boyd Gourneau made the motion to approve to 638
this position, seconded by Council Member Orville Landgeau, Jr. Motion carried with the vote
being four for, none against, one absent and none not voting.
IDC PROPOSAL AND BOND PAYMENT
Discussion was held on the IDC rate for 2013-2014. Motion made by Vice-Chairman Boyd
Gourneau to approve the IDC Rate for 2013-2014 at the rate of 14.22%, seconded by Council
Member Shawn LaRoche. Motion carried with the vote being four for, none against, one absent
and none not voting.
Discussion was held on the bond payment to the Bank of Oklahoma. Motion made by Council
Member Shawn LaRoche to approve to make the bond payment from the trust fund in the
amount of 1.6million dollars, seconded by Vice-Chairman Boyd Gourneau. Motion carried with
the vote being four for, none against, none absent and none not voting.
LOWER BRULE DEPARTMENT OF RECREATION, FISH AND WILDLIFE
Vice-Chairman Boyd Gourneau made the motion to approve the up-coming season for the
Wildlife Department, but to exclude the lead shot portion of the brochure, and that the
Conservation Officers would be under the supervision of the Director, (Ben Janis). Discussion
was held about the salary of the Biologist, since he was supervising the Conservation Officers,
his salary would be adjusted accordingly with Ben Janis and Lee Brannan, seconded by
Secretary-Treasurer John McCauley, Sr. Motion carried with the vote being four for, none
against, one absent and none not voting.
OTFM SIGNATURE REQUIREMENT
A resolution is needed for the Office of Trust Management to formally approve the signature
requirement for the Trust Fund of the Tribe, and it was previously signed and submitted,
however OTFM requested a resolution to approve the signature. Council Member Shawn
LaRoche made the motion to authorize the elected officer’s Tribal Chairman, Vice-Chairman,
and Secretary-Treasurer to sign all OST documents pertaining to disbursement of funds to the
tribe from tribal accounts and to provide investment instructions by the Office of Special
Trustee, seconded by Secretary-Treasurer John McCauley, Sr. Motion carried with the vote
being four for, none against, one absent, and none not voting.
ADJOURNEMENT:
With no further business on the agenda, the April 24, 2012, Regular Tribal Council Meeting was
hereby recessed at 3:43pm.
The foregoing is a true and correct transcript to the Minutes of the Meeting held on April 24,
2012
_________________________________
Patti Gourneau, Recording Secretary
Lower Brule, Sioux Tribe
LOWER BRULE SIOUX TRIBAL COUNCIL MEETING
REGULAR SESSION
May 1, 2013
Members Present:
Members Absent:
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley. Sr., Secretary-Treasurer
Orville Langdeau, Jr., Member
Darrell Middletent, Member
Shawn LaRoche, Member
Also Present:
Patti Gourneau
Meeting opened at 11:32am – with a prayer led by Secretary-Treasurer John McCauley, Sr.
CLOSE APRIL 2013 MEETING
Motion made by Vice-Chairman Boyd Gourneau to close March meeting, seconded by Council
Member Orville Langdeau, Jr. Motion carried with the vote being fIVE for, none against, None
absent and none not voting.
ADJOURNEMENT:
With no further business on the agenda, the May 1, 2013, Regular Tribal Council Meeting was
hereby recessed at 11:34am.
The foregoing is a true and correct transcript to the Minutes of the Meeting held on May 1,
2013.
_________________________________
Patti Gourneau, Recording Secretary
Lower Brule, Sioux Tribe
LBST Council Minutes 6/11/13
Lower Brule Sioux Tribal Council
Regular Meeting
June 11th, 2013 (Postponed from June 5th, 2013)
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 11th day of June, 2013, and was called to order at 2:31 p.m. by the
Chairman, Michael B. Jandreau, with roll call as follows:
Present
Michael B. Jandreau, Chairman
John McCauley, Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Shawn LaRoche, Council Member
Absent
Boyd Gourneau, Vice-Chairman (Illness)
Also Present
Patti Gourneau, Recording Secretary
Lee Brannan, Tribal Manager
Scott Jones, Administrative Officer
Clair Green, CR/PR Director
The Meeting was opened with the Lord’s Prayer
Request for Selection of Probation Officer
Wilma Wilson, Personnel Director, presented the applicants for the LBST Probation Officer position.
After review, motion was made by John McCauley to go along with the Court’s recommendation to select
Vaughn Big Eagle for the position, second by Darrell Middletent, motion carried with a vote of 3 for, 1
not-voting and 1 absent.
Request for Selection of Oral Health Coordinator
Wilma Wilson, Personnel Director, presented the applicants for the LBST Oral Health Coordinator
position. Delta Dental gave LBST a donation to fund this position and the Council designated the CHR
Program as the point of contact. After review, motion was made by John McCauley to go along with the
CHR Director’s recommendation to select Lorenda Long Crow for the position with DeAnna Rouillard as
the alternate, second by Shawn LaRoche, 4 for, none not-voting, and 1 absent.
Request for Selection of Commodity Program Certification Clerk
Wilma Wilson, Personnel Director, presented the applicants for the LBST Commodity Program
Certification Clerk. After review motion was made by Shawn LaRoche to go along with the Commodity
Director's recommendation to select Seneca Skunk for the position with Alexa Harmon as the alternate,
second by Darrell Middletent, 4 for, none not-voting and 1 absent.
Request for Selection of Daycare Workers
Wilma Wilson, Personnel Director, presented the applicants for the LBST Daycare Worker positions.
After review motion was made by Shawn LaRoche to go along with the Daycare Director's
recommendation to select Ravyn Fonder and Margaret Wilson with Ramona Johnson as the alternate,
second by Orville C. Langdeau, Jr., 4 for, none not-voting, and 1 absent.
Request for Selection of Janitor/Maintenance for Rural Water
Wilma Wilson, Personnel Director, presented the applicants for the LBST Rural Water
Janitor/Maintenance position. After review motion was made by Orville C. Langdeau, Jr. to select
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LBST Council Minutes 6/11/13
Charlene Powers, motion died for lack of a second. After motion died, Ms. Wilson informed the Council
that Ms. Powers either failed to submit an application or that it came in late and was deemed ineligible
and was therefore not on the eligible applicant list before the Tribal Council. Darrell Middletent then
made a motion to select Ronni Ann Kenyon for the position with Ervin G. Flute as the alternate, second
by Orville C. Langdeau, Jr., 1 for, 3 abstaining, and 1 absent.
Request to Join the Minority Business Development Agency
Toni Eagle Star, LBST Planning Director, requested a resolution in support of an application to join the
Minority Business Development Agency via a $100 membership fee. The Minority Business
Development Agency, located in Bismarck, ND, provides technical support and assistance, and training to
members. It is funded under the U.S. Department of Commerce. Motion made by Orville C. Langdeau,
Jr., to approve joining the Minority Business Development Agency, second by Shawn LaRoche, 4 for,
none not-voting, and 1 absent.
Request to Accept Enrollment Committee Recommendations
Request was made for the Tribal Council to accept the LBST Enrollment Committee recommendations
for Tribal Enrollment. Motion made by Orville C. Langdeau, Jr., to approve the Enrollment Committee
Recommendations to enroll 35 on-reservation individuals, 99 off-reservation individuals, and to
relinquish 2 individuals, second by Shawn LaRoche, 4 for, none not-voting, 1 absent. The following
individuals are herby Enrolled Members of the Lower Brule Sioux Tribe:
On - Reservation
Tory R. Grassrope
Andre E. Grassrope
Austin M. McCauley
Tate N. Estes
Lamara C.R. Langdeau
Josiah M. Whitney
Charles R. Whitney Jr.
LaRee Hardin
Kora E. Turkey
Mark R. Powers
Peggy J. Powers Estes
Brycen L. Hood
Lillian B. P.S. Flute-Peterson
Kristian D. P.S. Flute-Peterson
Tayshia A. P.S. Flute-Big Eagle
Brenden P. Estes
Toby C. W. Estes
McKenzie C. A. Laverdure
Sophea R. LaRoche
Kaydence R. Schmidt
Aleighya N. LaRoche
Sarennedy J. Stands
Shance J. W. Skunk
Siersha I. Willis
Shawn P. Willis Jr.
Stevi N. Thompson
Kyle Michael Fonder Jr.
Roland C. Crane
Taloni J. Crane
Veronica T.M. Small Jumper
Valonny W. Walking Bull
Booklynn R.J. Johnson
Phoenix M. Beardsley
Louis G. Iron Cloud Jr.
Quinten J. Patterson
Off - Reservation
Brilee R. Sazue
Marques C. Goodlow
Lorenzo Silva
Christopher Silva
George T. Butcher
Shauna R. (Butcher) Jackson
Rachel N. Beckett
Erica J.D. Middletent
Fenix C. Black Feather
Teryek G. Goodface
Cash C. Fallis
Natalie C. Rodriquez
Ausin J.W. Clairmont
Olivia J. Thompson
Gracee R. Thompson
Brington Stanley
Micah S.J. Tiger
Daemun L. Tiger
Maximus M. Langdeau
Jaycyn C. Adrian
Diezel B. LaRoche
Sylvia J.R. Rouillard
Alexandria Ward
MacKenzie M. Hubbard
Carden L. Hubbard
Audra K. Howell
Jordan D. Howell
Daymond L. Bad Horse
Jalyn L. Bad Horse
Deven L. Bad Horse
Ryan Peck
Braelyn S.L. Davis
Shawna C. Pichler-Woody
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LBST Council Minutes 6/11/13
Rylen R. Ashley
Robert L. Dempsey
Kimila M. Gonzales
Bradley J. Champagne
Kyler Nolan
Brayden Nolan
Alayna M. LaRoche
Isaiah J. LaRoche
Hailey R. LaRoche
Tyler J. Whaley
Taryn J. Whaley
Trevor J. Whaley
Trent J. Whaley
Sienna Goode
Jordan Goode
Camryn Goode
Kaiya Goode
Matthew I. Parker
Nicole L. Byrnes
Shelby M. J. Anderson
Daulton S.R. Anderson
Alexis E. Anderson
Naomi R. Johnson
Melissa A. Kenefick
MacKenzie D. Kirsch
Jasmie K. Hotrop
Marisa M. Bad Horse
Makayla L. Wilson
Kristina L. Waters-Hipner
Joshua M. Waters
Shalaina Ziegler
Shanessa Ziegler
Omarion G.L. Renzy
Sha'Lee'ah Rinzy
Chaske A. Cohen-Rencountre
Karmen C. Ziegler
Jada Haynes
Adriana E. Serna
Matthew J. Kirsch
Matthew B. Baker
Olivia M. Shroyer
Alexander M. Andersen
Ashlyn E. Andersen
Katlyn M. Magee
Isabella M. Magee
Phillip D. Langdeau
Tamara Gembala
Nathan Allen Hesnard
Raquel A.G. Ziebart
Elliot J. Ziebart
Dakota R. Plowman
Adrian A. Myers
Jorel M. Pretty Sounding Flute
Sebastian J. Thomas
Troy M. Bies
Joshua D. Bies
Robin M. Bies-Carlson
Eric M. Cavanaugh
Kyle M. Schlueter
Michael A. Schlueter
Sasha R. Track
Relinquishments - 1.) Susan A. White Water Bates 2.) Martin J. McGreevy
Request to Cost-share with the South Dakota Housing Authority through the Neighborhood
Stabilization Grant Program on the Demolition of the Old B.I.A. Jail
Request was made by Toni Eagle Star, LBST Planning Director, for cost-share funds to complete the
demolition of the Old B.I.A. Jail, which is/was a tribal facility. The $21,300 grant received from the
Neighborhood Stabilization Program is inadequate to complete demolition and site preparation. The total
cost for the project is $41,300; the shortfall is $20,000. After review and discussion, motion was made by
Orville C. Langdeau, Jr. to approve providing the necessary funds to demolish and complete any needed
site work, second by Darrell Middletent, 4 for, none not-voting, and 1 absent.
Request to Add Raelynn Her Many Horses’ name to the Business Lease # B29-023-0025
Request was made by Raelynn Her Many Horses and Jacob Brouse to add Raelynn’s name to Business
Lease #B29-023-0025. After review, Motion was made by Orville C. Langdeau, Jr., second by Darrell
Middletent, 3 for, 1 abstaining, and 1 absent.
Request for Formal Recognition of the Lower Brule Veterans’ Group
Joseph W. Ducheneaux, Commander of the Veterans’ Group of Lower Brule, requested that the Lower
Brule Sioux Tribal Council formally recognize them so they can fall under the LBST non-profit status.
Mr. Ducheneaux also informed the Tribal Council (via written communication dated March 28 th, 2013),
that the Group was in need of funding to facilitate the services that they provide for the community. After
review and discussion, Chairman Jandreau recommended that the Council consider approving their
request and provide $10,000 to meet their basic organizational needs. Motion was made by Shawn
LaRoche to approve the request, second by John McCauley, 4 for, none not-voting and 1 absent.
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LBST Council Minutes 6/11/13
Request for Approval of the Lower Brule Sioux Tribe’s Request for Funding From the Shakopee
Mdewakanton Indian Community, to Assist in the Completion of an Environmental Impact
Statement (EIS) for the Lower Brule Sioux Tribe’s Oacoma Land
Chairman Jandreau informed the Tribal Council that the Bureau of Indian Affairs is now requiring the
LBST to complete an EIS on the Tribe’s land in Oacoma. This is being required before further action on
the potential Casino development can move forward. Chairman Jandreau asked the Tribal Council to
approve requesting funding from Shakopee in the amount of $250,000 (which is in line with current
market costs) for the completion of an EIS. After discussion, motion was made by John McCauley to
approve requesting a grant in the amount of $250,000 from the Shakopee Mdewakanton Indian
Community, second by Orville C. Langdeau, Jr., 4 for, none not-voting and 1 absent.
Request for Purchase of Brad Whitney Building
Brad Whitney requested that the Lower Brule Sioux Tribal Council purchase bait shop building located
along Medicine Bull Memorial Highway in Lower Brule community. The building is like new and he is
asking for $16,500 for the building. After review and discussion, motion was made by John McCauley to
approve the purchase contingent upon release of the lot lease and inspection by a Council representative,
second by Darrell Middletent, 4 for, none not-voting and 1 absent.
Request for Changes to the Lower Brule Election Ordinance
The Lower Brule Sioux Tribal Election Board requested that the Tribal Council review and adopt several
changes to the Election Ordinance that they are recommending. After review and discussion, the Tribal
Council agreed to table the issue until a joint meeting can be had with the Election Board, the Election
Board’s Attorney, and the Tribal Council. They desire to meet in the next two weeks.
Request to Add Janet Rouillard to Toni Eagle Star Homesite Lease
Toni Rouillard requested that her mother, Janet Rouillard be added to her homesite lease. Janet’s home is
located on Toni’s lease land and in order for Janet to receive needed repair assistance she must be on the
lease. After review and discussion, motion was made by Orville C. Langdeau, Jr., to allow Janet’s name
to be placed on Toni’s homesite lease agreement as long as Toni does not withdraw her name from the
lease, second by John McCauley, 4 for, none not-voting, and 1 absent.
Request for Water and Sewer Assistance at Ira Ziegler Homesite
Request was made via a Homesite Application by Ira Ziegler to be placed on the I.H.S. Priority list for
water and sewer assistance to his home. After discussion and review the Tribal Council requested a
meeting with the B.I.A. and others on the process, as it is unclear what criteria are being followed when
applying for assistance. The Tribal Council desires to assist as many Members as it can in establishing a
home but is concerned with the quality of housing that limited water and sewer funds are being utilized
for. The matter was tabled until the B.I.A. and the Council can meet.
Request from Ann Roman to Give her Homesite Lease to her Nephew Gary R. LaRoche
Ann Roman requested that she be allowed to give her Homesite Lease to her nephew Gary R. LaRoche as
he is currently staying with her and helping. After discussion and review, the Tribal Council decided to
send Ann a letter clarifying her options. Before the Council can give her Homesite lease to her nephew
she must relinquish it. She may also add her nephew to her lease. The matter was tabled until Ann
receives the letter from the Council and decides how she wishes to proceed.
Request for Land for New Fire Department Building South/West of Tribal Administration Building
Request was made by the Fire Department for land to build a new Fire Hall south/west of the Tribal
Administration Building. The current Fire Hall does not have the storage and staging capacity to
accommodate the fire trucks and equipment. After discussion and review, the Tribal Council tabled the
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LBST Council Minutes 6/11/13
matter until the Infrastructure Development Committee had a chance to review the proposed building
site(s) and make recommendations to the Tribal Council.
Request to Authorize Administrative Leave to Lower Brule Sioux Tribal Employees for
Participation in Diabetes Prevention and Education Activities
Request was made by the Lower Brule Diabetes Prevention Program asking that the Tribal Council grant
Administrative Leave for 1 hour a day, up to 3 days per week, for a total of 3 hours per week for Tribal
Employees to attend and participate in diabetes prevention and education activities. After discussion and
review, the Tribal Council had questions regarding levels of participation in existing activities and
projected levels of participation in future activities. Noting the importance of diabetes prevention and
awareness in our community the Tribal Council will be requesting more information on the structure and
composition of proposed prevention and awareness activities. The matter is tabled until more information
on the request is received.
Request to Authorize Research to Assess the Efficacy of an Experimental Sylvatic Plague Vaccine
for Use in Prairie Dogs to be conducted on lands in the Big Game Unit, Huston Unit, and Cherry
Ranch Buffalo Pastures
Request was made by the Lower Brule Sioux Tribe Department of Wildlife, Fish and Recreation to
participate in a research project coordinated by the U.S. Geological Survey (USGS) and the National
Wildlife Health Research Center (NWHC). The goal of the project is to develop a vaccine that prevents
plague outbreaks. The U.S. Fish and Wildlife Service (USFWS) and the Western Association of Fish and
Wildlife Agencies (WAFWA) will provide the LBST Wildlife Department with $70,000 to cover wages,
fringe, vehicle use, and supply costs during the 3-season study. The fieldwork associated with the study
will require approximately 1-2 weeks at each site and will estimate survival rates of prairie dogs and
compare differences between prairie dogs on plots that receive vaccine with prairie dogs on sites that do
not. After discussion and review, Shawn LaRoche made a motion to approve authorization for this
research to be conducted in the prairie dog villages located within the Big Game Unit, Huston Unit, and
Cherry Ranch Buffalo Pastures, second by John McCauley, 4 for, none not-voting, and 1 absent.
Request Authorizing Dr. Hugh Britten, University of South Dakota, in Collaboration with Shaun
Grassel, LBST Wildlife Biologist, to Conduct Research on the Effects and Efficacy of the Sylvatic
Plague Vaccine on Small Mammal Communities
Request was made by the Lower Brule Sioux Tribe Department of Wildlife, Fish and Recreation to
authorize Dr. Hugh Britten, University of South Dakota, in collaboration with Shaun Grassel, LBST
Wildlife Biologist, to conduct research on small mammal communities within the same study area as the
sylvatic plague vaccine for prairie dogs. After discussion and review, motion was made by Shawn
LaRoche to approve the request allowing Dr. Hugh Britten to conduct the small mammal study within the
established study area, second by John McCauley, 4 for, non not-voting and 1 absent.
Close May Meeting
Motion made by Darrell Middletent to close the May Meeting, second by Orville C. Langdeau, Jr., 4 for,
none not-voting, and 1 absent.
Request to Authorize the Boys & Girls Club of the Lower Brule Sioux Tribe to Participate and
Accept Funding from T.R.A.I.L. Grant Programs for Youth
Request was made by the Boys & Girls Club to accept funding from the Together Raising Awareness for
Indian Life (T.R.A.I.L.) Program, which deals with diabetes prevention and education amongst Indian
youth. The funding will be utilized for staff, training and equipment to facilitate diabetes prevention and
education through the Boys & Girls Club of Lower Brule. Motion made by Shawn LaRoche to approve
the Boys & Girls Club application to the T.R.A.I.L. grant program for said funding, second by Darrell
Middletent, 4 for, none not-voting, and 1 absent.
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LBST Council Minutes 6/11/13
Request to Authorize the Boys & Girls Club of the Lower Brule Sioux Tribe to Participate and
Accept Funding from the Department of Education 21st Century Grant Programs for Youth
Request was made by the Boys & Girls Club to accept funding from the Department of Education 21st
Century grant program. The funding will be utilized to assist in the implementation of the Boys & Girls
Club plans through support of staff, training and equipment. Motion made by Shawn LaRoche to approve
the Boys & Girls Club application for funding under the Department of Education 21st, Century grant
programs, second by Darrell Middletent, 4 for, none not-voting, and 1 absent.
Request to Authorize the Boys & Girls Club of the Lower Brule Sioux Tribe, to Participate and
Accept Funding from the Department of Justice, Office of Justice Programs (O.J.P.) for Youth
Request was made by the Boys & Girls Club to accept funding from the Department of Justice, O.J.P.
grant programs for youth. The funding will be utilized to assist with staff, training and equipment to
establish and implement programs for our youth. The Boys & Girls Club of Lower Brule were selected as
a site in Indian Country to participate in the O.J.P. Program. Motion made by Shawn LaRoche to approve
the Boys & Girls Club application for funding under the Department of Justice, O.J.P., to support youth
activities, second by Darrell Middletent, 4 for, none not-voting, and 1 absent.
Request to Authorize Grant Application to the South Dakota Department of Transportation
(SDDOT) for Funding to Complete the West Brule Walkway and Lighting to Lower Brule
Request was made by Lee Brannan, LBST Tribal Manager, to authorize applying for funding from the
SDDOT, to complete the West Brule walkway to the Kul Wicasa Oyate Trading Post (C-Store) and to
provide lighting from the Tribal Administration Building to Lower Brule. Mr. Brannon presented the
Tribal Council with a cost estimate from Brosz Engineering that roughly estimated the costs of
completing the walkway and installing lighting to be approximately $555,570. The grant is a 72%/28%
split with the SDDOT providing $400,000 and the Tribe providing $155,570 for the walkway. Motion
made by John McCauley to authorize the application using the cost estimates provided, second by Darrell
Middletent, 4 for, none not-voting, and 1 absent.
Request to Authorize a Land Exchange Between the Holy Comforter Episcopal Church and the
Lower Brule Housing Authority (LBHA)
Request was made by the Holy Comforter Episcopal Church and the Lower Brule Housing Authority for
authorization to do a land exchange between the two entities. The purpose of the land exchange is to
provide more suitable land to the Church for parking, and for future housing sites for the LBHA. Holy
Comforter is asking for permission to exchange land within Tracts (T)956 & (T)4030, 1 acre located
within NE1/4SE1/4SW1/4NW1/4, W1/2NW1/4SW1/4SE1/4NW1/4, Sec. 15, T107N, R73W, 5th P.M.,
Lyman County, South Dakota, for land within Tract (T)956 Lots 6, 7, & 8, 0.48 acres more or less,
located within NW1/4 of Sec. 15, T107N, R73W, 5th P.M., Lyman County, SD. Motion made by John
McCauley to approve the land exchange between the Church and the Housing Authority, second by
Orville C. Langdeau, Jr., 4 for, none not-voting, and 1 absent.
Request for Buffalo (2), Elk (2), and Beef (3) from the Lower Brule Sioux Tribe Department of
Wildlife, Fish, and Recreation and the Lower Brule Sioux Tribal Ranch for the 2013 Kul Wicasa
Oyate Wacipi and Fair
Request was made by Clair Green, LBST CR/PR Director, and Scott Jones, LBST Administrative
Officer, for meat donations from the Wildlife Department and the Tribal Ranch for the Annual Wacipi
and Fair. The meat is used for the 5 feeds that are put on during the Wacipi. After discussion and review,
motion was made by Darrell Middletent to approve the donation request for the Annual Fair, second by
John McCauley, 4 for, none not-voting, and 1 absent.
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Request for Resolution for a $5000 Grant from the Dakota Indian Foundation for the 2013 Kul
Wicasa Oyate Wacipi and Fair
Request was made by Scott Jones, LBST Administrative Officer, for a Resolution requesting that the
Dakota Indian Foundation grant the Wacipi and Fair $5000 for use to purchase food supplies and paper
products for the meals (5) that are served during the Fair. Scott reminded the Tribal Council that in the
past we have asked for $1,500 several years and that we have always received $1,000. Though this is
greatly appreciated, with the cost of food procurement and preparation going up so much the Wacipi can
really use this money. The costs of the food and paper products was $15,600 for last year and this does
not include the meat the Tribe donates or the money paid to the cooks. After discussion, motion made by
John McCauley to approve the Tribal Council passing a Resolution requesting a $5000 grant from the
Dakota Indian Foundation, second by Shawn LaRoche, 4 for, none not-voting, and 1 absent.
Request for Resolution Opposing any Storage Fees Arising From the Municipal and Industrial
(M&I) Reallocation Study or the Surplus Water Study Currently Being Conducted by the United
States Army Corps of Engineers (USACE), That Will be Applied to Missouri River Basin Indian
Tribes
Request was made by Scott Jones, LBST Administrative Officer, for a Resolution opposing and
challenging any storage fees that will arise from the studies being conducted by the USACE on the
Missouri River reservoirs and that will be assessed on Missouri River Basin Indian Tribes. The M&I
Reallocation Study is looking at the entire Missouri River System (Headwaters to St. Louis) and the
Surplus Water Study is being conducted on a reservoir by reservoir basis. Mr. Jones is requesting that the
Tribal Council oppose the fee assessment and request an exemption for Missouri River Basin Indian
Tribes. After discussion and review, motion made by Darrell Middletent to oppose any storage fee
assessment and request an exemption for the Missouri River Basin Indian Tribes from any said fees,
second by John McCauley, 4 for, none not-voting, and 1 absent.
Request for Resolution Authorizing Chairman Michael B. Jandreau to Negotiate Land Set-Aside
and Protection Easements and Land and Mineral Rights Return Agreements, Between the Lower
Brule Sioux Indian Tribe and the National Forest Service, the Bureau of Land Management, the
Bureau of Indian Affairs, and the United States Department of Agriculture
Request was made by Scott Jones, LBST Administrative Officer, for a Resolution authorizing Chairman
Jandreau to negotiate land set-aside and protection easements and land and mineral rights return
agreements. Mr. Jones informed the Tribal Council that there are several opportunities for beneficial
agreements between the Lower Brule Sioux Tribe and various federal agencies. There are areas of the
Lower Brule Sioux Indian Reservation that can be established as preserve areas without negatively
impacting Tribal membership while protecting important cultural, natural, and wildlife resources.
Potential preservation activities can be jointly funded between the Tribe and federal agencies and be
managed under perpetual preservation easements that protect the areas and attendant resources from
development, over-exploitation, and destruction. During discussion of this issue, Chairman Jandreau
raised the issue of the Fort Pierre National Grassland and the fact that the Lower Brule People have
always felt that the taking of the lands now known as the Fort Pierre National Grassland was done
wrongly and that he felt that we should begin aggressively negotiating for their return and that he would
like that to be a part of any action the Council would take. Motion was made by Shawn LaRoche to
authorize Chairman Jandreau to begin negotiations on prospective land set-aside and protection easements
and land and mineral rights return agreements, second by Darrell Middletent, 4 for, none not-voting, and
1 absent.
R.V. Park, Sung Maka Ska, & Buffalo Interpretive Center Update – Informational
Scott Jones, LBST Administrative Officer, presented the Tribal Council with a brief status update on the
R. V. Park, Sung Maka Ska, and the Buffalo Interpretive Center that he had requested Clair Green to
prepare for the Council. The update outlined the deficits that the Sung Maka Ska and Buffalo Interpretive
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LBST Council Minutes 6/11/13
Center are running. The Buffalo Interpretive Center’s budget (FY-12) was for $60,000 of which $43,000
was expended and there was approximately $4,500 in income from the gift shop and group tours. Mr.
Jones informed the Council that the Center is running on a shoestring budget and that Roquel Gourneau is
doing a pretty good job of balancing marketing with visitation. There were roof repairs that were
completed but those were paid from a Shakopee grant for the Center. Sung Maka Ska Creations budget
was $98,000 with an income of $17,500 for the year. The employees do an excellent job of maintaining
the facility and do their best to keep their inventory stocked. There are real problems with staff turnover.
When a large order is placed each assembly line worker is crucial to filling the order and Sung has
experienced attendance issues, walk-offs, and no-shows which make it very difficult to take large orders
to begin with. The Lower Brule R.V. Park has been operated by the PR/CR office since 2006 and ran
smoothly for several years. In the last several months Tribal Members have begun to park down there
and try to make it their home. This has led to problems with the police, a lack of income (from the Tribal
members, who refuse to pay) and a lack of income from visitors, many of whom are intimidated by the
Tribal Members who have tried to set up residence there. The bathrooms/laundry/shower building has
been trashed several times. The charge for staying at the R/V Park is $15.00 per night but with the abuses
going on there, the income has been negligible, while electric costs have skyrocketed. Mr. Jones
informed the Council that he has directed Clair Green to begun reorganizing all three projects in an
attempt to 1.) Keep them viable 2.) Move them toward self-sufficiency 3.) Keep Tribal Members
employed and 4.) Encourage visitors to our Reservation to spend their money. He also informed the
Council that in the case of the R.V. Park he will be issuing a letter to evict all of the people who are
squatting down there.
Request for Resolution Approving the Lower Brule Sioux Tribe and Lakota Foods Sponsorship of
the 2013 South Dakota State Fair and the 2013 Sturgis Motorcycle Rally
Request was made by Scott Jones, LBST Administrative Officer, for a Resolution approving sponsorship
of the 2013 South Dakota State Fair and 2013 Sturgis Motorcycle Rally. Last year, sponsorship of these
two events was very successful in promoting the Lower Brule Sioux Tribe and Lakota Foods and
increased visibility in the state market areas and internationally. The costs remain the same as last year.
Motion was made by John McCauley to approve sponsorship of the 2013 South Dakota State Fair and the
2013 Sturgis Motorcycle Rally, second by Darrell Middletent, 4 for, none not-voting and 1 absent.
Summer Training and Employment Program (STEP) – Informational
Scott Jones, LBST Administrative Officer, informed the Tribal Council that the STEP announcements
had been posted on June 6th, 2013 as they had directed and that the Program will begin with training on
June 26th, 2013.
Senate Bill 601 – Thune/Johnson Water Resources Development Act (WRDA) Amendment Informational
Scott Jones, LBST Administrative Officer, presented the Tribal Council with a copy of Senate Bill 601,
an amendment introduced by Senator Thune on behalf of himself and Senator Johnson. The Legislation
would authorize the Corps of Engineers to work with not more than 3 federally-recognized Indian Tribes
in the Upper Missouri River Basin to undertake measures to address shoreline erosion that is jeopardizing
existing infrastructure resulting from operation of a reservoir constructed under the Pick-Sloan Missouri
River Basin Program. Mr. Jones thanked the Tribal Council and Chairman Jandreau for helping Clair and
him get the amendment this far. This has been a goal of the Cultural Resources Program for many years
and Clair Green, Dr. Molyneaux and the Council have worked really hard to get us to where we are. The
amendment allows up to $30 Million to plan, design, and construct projects to address shoreline erosion.
The WRDA legislation passed the Senate with a vote of 87-13 and now goes to the House.
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LBST Council Minutes 6/11/13
Title VI – Moving Forward – Meeting with the State of South Dakota
Scott Jones, LBST Administrative Officer, informed the Tribal Council that he would like to organize a
meeting with the State of South Dakota on the progress that has been made under Title VI. Mr. Jones
stated that he has been re-reading the legislation which was passed in 1999 and amended in 2000 as a part
of the Water Resources Development Act, and that he believes that we have a lot of untapped potential
benefits that we can explore both internally and with the State. He stated that he will coordinate any
meeting with the Council and that it would probably take place in early autumn.
Lower Brule Sioux Tribe Cultural Resources Program Update – Informational
Clair Green, LBST CR/PR Director, presented the Tribal Council with the Draft Cemetery Survey of the
Lower Brule Sioux Indian Reservation and the Draft Plant Survey of the Lower Brule Sioux Indian
Reservation. The surveys were completed under contract with the United States Army Corps of
Engineers and South Dakota State University and Dr. Brian Molyneaux with the help of many Tribal
Members.
Missouri River Water Rights/Winters Doctrine Rights Strategy Meeting with Crow Creek Sioux,
Oglala Sioux, and Rosebud Sioux Tribes
Scott Jones, LBST Administrative Officer, who is the alternate member for Chairman Jandreau on the
Missouri River Recovery Implementation Committee (MRRIC), discussed the need for an inter-tribal
meeting on Missouri River water issues to forge an approach and strategy in the current atmosphere of
uncertainty. The Tribal Council agreed that it would be a good thing and directed Mr. Jones to begin
organizing such a meeting.
Request for a Loan for Lakota Foods in the Amount of $350,000
Lakota Foods presented a request for a loan in the amount of $350,000 for operating costs and
improvements and for marketing and expansion. The Lakota Foods products have been selling well but
there is a need to improve the facility and to increase marketing and production activities. Discussion was
also held concerning an additional $150,000 loan. Motion made by Orville C. Langdeau, Jr. to approve
the Lakota Foods loan request in the amount of $350,000, second by John McCauley, 4 for, none notvoting, and 1 absent.
Recess
There being no further business the meeting Recessed at 5:19 p.m.
CERTIFICATION
The foregoing is a true and correct transcript of the actions and decisions of the Lower Brule Sioux Tribal
Council assembled in Regular Session, with quorum present, on the 11th day of June, 2013.
_____________________________________
Patti Gourneau, Recording Secretary
Lower Brule Sioux Tribe
9
LBST Council Minutes 7/31/13
Lower Brule Sioux Tribal Council
Regular Meeting
st
July 31 , 2013 (Postponed from July 3rd, 2013)
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 31st day of July, 2013, and was called to order at 2:40 p.m. by the
Chairman, Michael B. Jandreau, with roll call as follows:
Present
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley, Secretary-Treasure
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Shawn LaRoche, Council Member
Also Present
Patti Gourneau, Recording Secretary
The Meeting was opened with the Lord’s Prayer
Close June Meeting
Motion made by Darrell Middletent to close the June Meeting, second by Orville C. Langdeau, Jr. 5 for,
none not-voting.
Request to Provide Financial Services for the Lower Brule Sioux Indian Reservation
Request was made by Hunkpati Investments, Inc. of Fort Thompson, South Dakota to offer financial
services to Lower Brule. Hunkpati Investments, Inc. offers financial planning, business development, tax
advice and preparations, financial training and other financial services. Discussion was held on the
composition of the investment committee and on 401K investments also hardship situations and other
issues that are affecting Lower Brule Sioux Tribal Members and Community Members. After further
discussion, the Tribal Council, by Consensus, agreed to allow Hunkpati Investments, Inc. to offer their
services on the Lower Brule Sioux Indian Reservation.
Request to Operate Concession Stand at the 2013 Lower Brule Rodeo
Request was made by Jan Brouse to operate the concession stand at the 2013 Lower Brule Rodeo. As the
previous operators declined to operate the stand this year the stand is open. After discussion, motion was
made by Darrell Middletent to approve Jan Brouse request, second by Shawn LaRoche, 4 for, none notvoting.
Security for the 2013Annual Lower Brule Fair and Rodeo
Request was made to select Security for the Annual Fair and Rodeo. The following individuals were
identified as candidates from the applications submitted for the Security positions:
Ronnie Thigh
Coy Fire Cloud
Cindy Fire Cloud
Monte Iron Heart
Tyler Jones
Loren Goodlow
Phillip Battese, Sr.
Darren Grassrope
LeeAnn LaRoche
Jasper Eagle Star
Curtis Banks
Vanessa Jimenez
`
Chris Johnson
Marilyn LaRoche
Joelle Battese
Garfield Goodface
Ronald Middletent
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LBST Council Minutes 7/31/13
After discussion, motion made by John McCauley to approve the candidate selections to fill the Security
positions, second by Darrell Middletent, 5 for, none not-voting.
Request to Approve $156,000 for Bureau of Indian Education Line Officer Contract
Request was made by the Lower Brule Education Department to approve the 2014 Line Officer Contract
in the Amount of $156,000. This funding will be used to fund the expenses and salary of the Line
Officer. After Discussion, motion was made by John McCauley, second by Boyd Gourneau, 5 for, none
not-voting.
Recess
There being no further business the meeting Recessed at 3:09 p.m.
CERTIFICATION
The foregoing is a true and correct transcript of the actions and decisions of the Lower Brule Sioux Tribal
Council assembled in regular session, with quorum present, on the 31st day of July, 2013
________________________________________
Patti Gourneau, Recording Secretary
Lower Brule Sioux Tribe
2
LBST Council Minutes 8/7/13
Lower Brule Sioux Tribal Council
Regular Meeting
August 7th, 2013
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 7th, day of August, 2013, and was called to order at 2:50 p.m. by the
Chairman, Michael B. Jandreau, with roll call as follows:
Present
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley, Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Absent
Shawn LaRoche
Also Present
Lori Gourneau, Acting for
Patti Gourneau, Recording Secretary
The Meeting was opened with the Lord’s Prayer
Close July Meeting
Motion made by Boyd Gourneau to close the July Meeting, second by Darrell Middletent, 4 for, none notvoting, 1 absent.
Request for Purchase of 2010 Chevy Silverado Pick-up for the Community Crew/Support Staff
Request was made for the purchase of a 2010 Chevy Silverado pick-up for the Community Crew/Support
Staff. They have had vehicle trouble and currently do not have a usable vehicle to carry out their various
duties and responsibilities. For several months they have resorted to using borrowed vehicles from other
programs. After being presented with a bid quote and holding discussion, motion was made by John
McCauley to approve the purchase of the vehicle as quoted, second by Darrell Middletent, 4 for, none
not-voting, and 1 absent.
Recess
There being no further business the meeting Recessed at 3:07 p.m.
CERTIFICATION
The foregoing is a true and correct transcript of the actions and decisions of the Lower Brule Sioux Tribal
Council assembled in regular session, with quorum present, on the 7th, day of August, 2013.
_______________________________________
Patti Gourneau, Recording Secretary
LBST Council Minutes 9/30/13
Lower Brule Sioux Tribal Council
Regular Meeting
th
September 30 , 2013 (Postponed from September 4th, 2013)
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 30th day of September, 2013, and was called to order at 10:47 am.
by the Vice-Chairman, Boyd Gourneau, with roll call as follows:
Present
Boyd Gourneau, Vice-Chairman
John McCauley, Secretary-Treasure
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Shawn LaRoche, Council Member (Late)
Absent
Michael B. Jandreau, Chairman (Medical)
Also Present
Mario Red Lights, Special Agent-in-Charge, Aberdeen Area Office
Yuma House, Acting Chief of Police, Lower Brule Agency
Patti Gourneau, Recording Secretary
Scott Jones, Administrative Officer
The Meeting was opened with a Prayer
Informational discussion with Mario Red Lights, Special Agent-in-Charge, Bureau of Indian
Affairs, Law Enforcement, District 1 Office, Aberdeen Area and Yuma House, Acting Chief of
Police, Lower Brule Agency
John McCauley, Secretary-Treasurer, stated that he had a discussion with Chairman Jandreau in reference
to this meeting which the Chairman regretted he could not make but which he requested SecretaryTreasurer McCauley and the Tribal Council to discuss several issues that the Lower Brule Sioux Tribe
and the Agency have concerns about. He stated that the Chairman felt that the B.I.A. broke the agreement
that the Tribe thought was in place with regard to the duration of Chief Chino’s assignment to the Lower
Brule Agency. He stated that the whole Tribal Council has safety and security as a priority and that we
need some consistency and stability in key law enforcement staff. John went on to say that he had a great
deal of confidence in Yuma House and that he lives here and knows the people and could provide the
requisite stability and leadership in dealing with law enforcement issues here at Lower Brule. Darrell
Middletent asked if “De need to do a letter of support?” Mr. Red Lights stated that as a rule the only
position we can share information on with the Tribal Government is the superintendant position. (10:59
a.m.: a Quorum was established) Boyd Gourneau stated that there are still some repairs needed at the
corrections facilities and inquired what the status of those repairs are. John McCauley told Mr. Red
Lights that the Tribal Council wished to be contacted if there are any problems or issues with completing
the necessary repairs. He inquired if there was a budget for corrections as there seems to be some
confusion about this and about why we are sending our people to other facilities. The facility is open
again and Mr. House stated there are 17 correctional staff members, including supervisors. Mr. Red
Lights stated that we need to work on the organizational chart weighing staffing vs. need. He also stated
that we are still trying to find out how work orders were being processed and what was being done with
them for the last year, year and a half. He stated that the Bureau was still reviewing this and that it will
take some time. Mr. House stated that they are adjusting schedules at Corrections to diminish or
eliminate overtime expenses. Further discussion was held concerning the staffing of the law enforcement
and corrections. Boyd Gourneau asked about the impacts from a federal government shutdown and Mr.
Red Lights responded that law enforcement and corrections will continue the same but that administration
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LBST Council Minutes 9/30/13
will be affected. Boyd asked if Mr. Red Lights knew when we will get a new Chief of Police and Mr.
Red Lights responded that it depended on how soon the applicants were certified by Human Resources
but that it will hopefully be soon. Mr. House stated that he was anxious as well about the staffing issue
and that some of the hires adjust to the reservation and some don’t. Mr. Red Lights added that the ability
to move from one position or agency to another sometimes means that we may not have a particular staff
member on assignment here for any considerable length of time. Mr. House added that housing
opportunities and the cultural, social and economic differences sometimes impacts how long staff will
remain with the Lower Brule Agency.
Approval of June, July, and August Lower Brule Tribal Council Minutes
Discussion was held regarding the June, July and August Lower Brule Sioux Tribal Council Minutes and
after review of the minutes motion was made by John McCauley to approve said minutes, second by
Darrell Middletent, 4 for, none opposed, none not-voting, and 1 absent.
Request for Selection of Water Quality Coordinator
Wilma Wilson, Personnel Director, presented the applicants for the LBST Water Quality Program Water
Quality Coordinator. After review motion was made by Shawn LaRoche to go along with the
Environmental Program Director’s recommendation to select Steve Langdeau, Jr., who was also the only
applicant, second by Darrell Middletent, 4 for, none opposed, none not-voting, and 1 absent.
Request for Selection of Headstart Teacher
Wilma Wilson, Personnel Director, presented the applicants for the Teacher Position at the LBST
Headstart Program. After review motion was made by Orville C. Langdeau, Jr., to go along with the
recommendation of the Headstart Policy Committee to select Joy A. Traversie for the position, second by
Shawn LaRoche, 4 for, none opposed, none not-voting, and 1 absent.
Request to Renew Leases for Lori Carpenter and Frederick LaRoche
Request was received from Lori Carpenter for lease renewal on lease #343 123-051-0313 (Tract # 343
T4002-H) and Frederick LaRoche for lease renewal on lease #343 123-066-0913 (Tract # 343 T CR6006.
After review and discussion, motion was made by Shawn LaRoche to approve the lease renewals, second
by John McCauley, 4 for, none opposed, none not-voting and 1 absent.
Request to Continue Leases for Jerry Christensen at the Original Current Lease Amount
Request was received from Jerry Christensen to continue his (2) leases, lease #343 123-064-0913 (Tract #
343 T CR243) and lease # 343 123-065-0913 (Tract # 343 T CR171) at the original current lease amount.
After review and discussion, motion was made by John McCauley to put the leases out to bid, second by
Shawn LaRoche, 4 for, none opposed, none not-voting, and 1 absent.
Request for Homesite for Kenna M. Theragood
Request was received from Kenna M. Theragood for a Homesite lease. After review and discussion,
motion was made by Darrell Middletent to approve Mrs. Theragood’s application for a Homesite on the
SE1/4, SE1/4, SW1/4, SE1/4 of Section 9, Township 107N, Range 73W, on Tract 885-A, second by
Orville C. Langdeau, Jr., 4 for, none opposed, none not-voting, 1 absent.
Close August Meeting
Motion made by John McCauley to close the August Meeting, second by Darrell Middletent, 4 for, none
opposed, none not-voting, and 1 absent.
Request to Renew Lease for Frederick LaRoche
Request was received from Frederick LaRoche to renew his lease for S½S½N½ less Irrigated Cropland,
Sec. 6, T107N, R74W, 5th P. M., Lyman Co., SD, containing 470.00 acres. Motion was made by John
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LBST Council Minutes 9/30/13
McCauley to approve the lease at the same terms, second by Darrell Middletent, 4 for, none opposed,
none not-voting, and 1 absent.
Request to Renew Leases for the Lower Brule Farm Corporation
Request was received from the Lower Brule Farm Corporation to approve the re-negotiated leases on
Lease #343 124-001-1013 (Tract # 343 480 and 343 482) and Lease # 343 124-007-1013 (Tract # 343
308-1, 342 309, 343 513, and 343 2017). After review and discussion motion was made by John
McCauley to approve the negotiated leases between the Lower Brule Farm Corporation and various
landowners, second by Darrell Middletent, 4 for, none opposed, none not-voting, and 1 absent.
Request for Selection of Lower Brule Headstart Transition Services Aide/Janitor
Wilma Wilson, Personnel Director presented the applicants for the LBST Headstart Transition Services
Aide/Maintenance Worker. After review motion was made by Orville C. Langdeau, Jr. to go along with
the Headstart Policy Committee recommendation to select Anthony Bad Horse for the position, second by
John McCauley, 4 for, none opposed, none not-voting, and 1 absent.
Request for Selection of Lower Brule Headstart Child Development Aide
Wilma Wilson, Personnel Director, presented the applicants for the LBST Headstart Child Development
Aide. After review and discussion motion was made by John McCauley to select Beverly Wilson as the
Child Development Aide with Nicole Siseneros as the alternate, second by Orville C. Langdeau, Jr., 4 for,
none opposed, none not-voting, and 1 absent.
Request for Selection of Lower Brule Tribal Administration Building Janitors (2)
Wilma Wilson, Personnel Director, presented the applicants for the LBST Administration Building
Janitors. After review and discussion motion was made by Orville C. Langdeau, Jr. to select Monte
Traversie and Chris Johnson for the positions, second by Darrell Middletent, 4 for, none opposed, none
not-voting, and 1 absent.
Request for Selection of Lower Brule Tribal Court Data-worker
Wilma Wilson, Personnel Director, presented the applicants for the LBST Court Data-worker position.
After review motion was made by Darrell Middletent to select Percy Goodface for the position, with
Lorenda Long Crow as the alternate, second by Orville C. Langdeau, Jr., 4 for, none opposed, none notvoting, and 1 absent.
Request for Selection of Lower Brule Tribal Court Janitor
Wilma Wilson, Personnel Director, presented the applicants for the LBST Court Janitor position. After
review motion was made by John McCauley to select Carrie Flute for the position with Richard St. Cloud
as an on-call Janitor, second by Orville C. Langdeau, Jr. 4 for, none opposed, none not-voting, and 1
absent.
Request for Nomination for a Lower Brule Representative on the Title IX Missouri River Task
Force
Request was received from Colonel Joel R. Cross, District Commander, U.S. Army Corps of Engineers
for a nominee to be selected for the Tribe to sit on the Title IX Missouri River Task Force. After review
and discussion motion was made by Orville C. Langdeau, Jr. to name Scott Jones as the Title IX
representative with Dr. Brian Molyneaux as the alternate, second by John McCauley, 4 for, none opposed,
none not-voting, and 1 absent.
Recess
There being no further business the meeting Recessed at 11:51 a.m.
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LBST Council Minutes 9/30/13
CERTIFICATION
The foregoing is a true and correct transcript of the actions and decisions of the Lower Brule Sioux Tribal
Council assembled in Regular Session, with quorum present, on the 30th day of September, 2013.
_____________________________________
Patti Gourneau, Recording Secretary
Lower Brule Sioux Tribe
4
Lower Brule Sioux Tribal Council Meeting
Lower Brule Administration Building
October 2nd, 2013
Regular Meeting
Present
Michael B. Jandreau
Boyd Gourneau
John McCauley
Darrell Middletent
Orville C. Langdeau, Jr.
Shawn LaRoche
Also Present
Dakam Dakam
Tara Adamski
Scott Jones
Clair Green
Lee Brannon
Chairman called the meeting to order at 2:14 p.m.
Chairman Jandreau discussed the need to amend all Contracts that we normally approve every two or
three years.
Letter from the regional director concerning the charters that we have for our section 17 endeavors.
Motion to ratify all of the charters made by BG and that we resolved individually for all of the Tribes
section 17 endeavors. Second by DMT. Any discussion 5 for, none not voting, none absent.
Request for acquisition.
But now I am going to allow mr. Dakam go ahead. Mr. Dakam is here to discuss the decline in revenues.
The lack of alchohol being served is impacting us greatly. Mr. Dakam indicated that the lode star has
several advantages over the Golden Buffalo because of several factors, location, facility, more traffic,
etc. Now the Lode star has the upper hand much of it is related to the fact that the hospitality through
amenities is greaters. currently, the casino is working to revise the percentage payout at the casino but
it takes time. The other factor is the restaurant and the diminishment of services. The fourth and last
item is the facility. The lode star is on two major hiways 83 and 50. At one time we enticed people by
tourism. 3.99 prime rib in 1999. 2004 we had a real good year. After that we had a decent year in the
following years and our second best year was 2008. One way to get an instant increase is to allow beer
and wine in the facility for our visitors. What I am asking is that you grant the casino the ability to have
a beer and wine license. The issue of the south dakota economy has been very good. you got livestock
and agriculture and i remember when the prices declined in 2002 and we were hit for 15%. Your
competition has an edge on you and they have an advantage. 2008 to 2012 you had a decline in 20%.
14% in drops which amounts to 700,000. Mr. Dakam believes that revenues could increase
conservatively by 500,000. The council discussed the ramifications for the allowing beer and wine.
There are several things that we are doing to change the perceptions of the public and our customers.
points count towards the payback on a percentage. $180,000 per year. when diz started there was
70,000 in reserves and now there is 700,000. conversions are 4,500 per machine. new machines are
costing 20,000 each.
Oacoma may become a reality but right now and in the near future there is a real need to reinvest in our
current facility in Lower Brule. The only advantage we have against the lode star is management . food,
quality play, service, and if possible amenities.
DMT: Problem with alcohol. there are other problems down there that can be addressed now. night
shift supervisor that is gaming licensed so they can float around from the restaurant. and oversee the
operations and activities. You don't even have to pay for the food until you sell it because you have 30
days to make your payment.
OLC had a question for the attorney and the impact alcohol would have regarding tuffy's and their liquor
liscense and equity in the situation. Tara: there may ahve to be a secretarial of interior process.
Cannot sell barter or trade alcohol on the reservation. An ordinance passed by the tribe that legalized
alcohol in the 1960's. This had never been submitted to the department of Interior and they never had
approved the sale of liquor. Gray area that as long as the approval was
TARA unless you are specific in the requirements to sell alcoholic beverages.
Boyd: in the past we have trouble with exceeding the wine and beer.
In south dakota you have to have a county and on the reservation you have to have a tribal license.
The Tribalf Council by concurrence wishes to send this to the liquor commission.
off the record at 3;12 p.m.
back on the record at 3:16
dakam requested that he be hired as a consultant with the casino and the lower brule sioux tribe under
a retainer. He has been working with the casino for the last several weeks. Provide me with a minimum
of income. JMC what are you going to be doing and what will the fees be?
BG moved and JMC to approve the contracts, 4 for , none opposed, and one absent.
Endangered Species: Orville moved to authorize modifidation seconded by JMC 4 for none apposed,
one absent.
George Honeywell Request, BG moved, JMC seconded:
LIHEAP JMC, second by Darrell
Election Ordinance: OLC moved to approve, second by BG, 4 for
GB:
Kevin wright request for $5,000 loan against settlement. 101,000 dollars. Tara verified that the
settlement is forthcoming. Pacific World marketing on his patent. Chairman referred him to Tara.
Durkin Land request: agreement to purchase land that inadvertently included acreage that he did not
own to sell. Mr. Durkin is the representative of the estate and the Tribe is willing to purchase all the
land that he is able to sell. Price per acre 122.67 acres at $2,031.25 per acre prime farmland for a total
of 249,173
OLC is uncertain without the final probate or a documentf signed by all the heirs that verifies their
agreement with the sale. JMC then we should wait till it is completed
The Chairman believes that acquiring the land is in the best interest of the Tribe but that the paperwork
and documentation needs to be all in place.
Tara. She recommends the chain-of-command be clarified to all involved in the school system.
chairman would like to set up a meeting concerning the Line Officer for the School system, the council
concurs
David tonama returned a proposal for 30,000 to work on JMC moved DMC seconded 4 for.
Roger Hartman owner of the Oacoma school house wants to sell it. Council requests the situation in
writing from the owner. Motion by JMC and BG to pursue the purhase of the site.
Scott Jones, motion to approve by DMC, second by JMC 4 for none, oposed one absent.
Motion to pay OKIYA bill by JMC second by Darrell, 4 for , none oppsoed one absent.
Recess at 4:16 p.m.
Lower Brule Sioux Tribal Council Meeting
October 30th, 2013
Present
Michael B. Jandreau
Boyd Gourneau
John McCauley
Darrell Middletent
Orville C. Langdeau, Jr.
Shawn LaRoche
Also Present
Dan Shroyer, Education Consultant
Glen Drapeau, Asst. to the CEO AIII
Stacy Phelps, CEO of AIII
Rick Melmer, Education Consultant
Keith Moore, Acting State Director of Indian Education
Cody Russell, Superintendant of Schools
Lee Brannon, Tribal Manager
Scott Jones, Administrative Officer
Chairman Jandreau brought the Tribal Council out of Recess at 11:23 a.m.
The meeting was opened with a prayer led by John McCauley
Chairman Jandreau requested the Tribal Council involve the Superintendant, Mr. Cody Russell at this
meeting as the whole system is being reviewed and drastic changes may be made to all involved and
severely impacted. This process is going to impact the whole community and if we are going to do it we
are going to have to accept the necessity of having to do it. If not we are going to have to accept that the
school is going to be operated from the school without our involvement. I foresee an implementation
process that is going to really be dealing with some really sensitive things that will have to be looked if
the system is going to perform and excel.
Boyd stated just that this process must have a positive influence on the children thats why we are here.
Shawn stated that the sooner the better.
Chairman at this point in time we need to discuss an agreement on when this will begin
Mr. Phelps thank you guys for letting us be here and we are here to help howe er we can the last time we
met we were discussing how we would move forward and if feels like now that there is more urgency
now then there was then.
Chairman things are being enbroiled in internal conflict and the student achievement and development
need to be the most important priority that we have. We also have in mind that we need to replace any
staff as expediently as possible. As efficiently as possible.
Darrell we have been at ayp for four years that whould tell us we need to start at the bottom. We are
seeing people in the school system that have no regard for our kids
Stacy one of things we are seeing at other schools is concerns about leadership and the people thought
that there schools were doing a lot better than they actually were. Out team will focus on the facts and
document what is there and what is working.
Triage that would start with stopping the bleeding, calendar, time are we using people effectively, going
into the school system and looking the school schedule, working with staff to develop professionally and
putting more rigor into the daily schedule. Focusing on where the trouble is. We take in a whole team of
people and it can be overwhelming and we are already into the 9th week of school.
Shawn how involved are you guys at wounded knee do you go into the shcool or do you send a team of ot
hers.
Stacy, we are involved and we have weekly meetings but we are trying not to create confusion on the
leadership players. we started on september 9th. We have found that there is a lot of time wasted.
Very limited resources we don't have a lot of funding, we lower performing kids are focused on tho bring
them into a individual success plan, we look at the student in their entirety. We look at the needs of the
kids and are creative with activities that will keep the kids safe weekend lockins, planning around the
events of the kids. Mitigat the factors that impact the ability of the kids to function in the classroom.
Are aware of alcohol use and the lack of food during certain times of the month we restructure our
behavior plan and create incentives for the students to become more engaged. We have kids coming back
and our enrollment is going up again, it is not dramatic but we are looking at better ways to involve the
community. Several students go to rocky ford and wolf creek and other schools instead of Wounded
Knee. We are looking at developing things that will provide incentives for the parents to bring their kids
back into the community school. Inventive innovative and creative approaches. doing things that
reengage the parents in the school, reinvigorating the community. Setting up sustainable things that can
be used to encourage the families and community. Bringing the community back to the school. The
perception is that the other schools are better but that is not necessarily true fi you really look at the test
scores.
Rick Melmar I would probably present a little different assessment I swould suggest that we would come
into december for three monthys and look at the district and look at achievement scores, staffing, budgets
and come back in march and look at the recommendation based on the data and develop a plan for the
next year through review and assessment.
Stacy at wounded knee there was an urgency to disrupt the disfunction of what was going on
Rick Melmar we could come back with what kind of plan and schedule we could follow
Chairman I think that we developed a budget outlining what we can start with.
Dan Shroyer we need to get a study to get an idea of strengths and weaknesses that we can develop
withing the budget we have now. We need to develop something that will improve the school and
community. We have over 100 students going to lyman county and if we can get even half of them to
come back we will be doing much better than we are doing now.
Chairman I believe that we have approximately 136,000 available to begin this work.
Stacy we talked a little bit about a collaborative effort we talked with dan about how we enter into
relationships working with the resources that you have available and look at providing services and
deliverables to do some of the work that you are talking about. We would sell you so many days of
service that will fit better in your budget. We can review the work that we do at the end of the year
Outcomes vs. the Process. We would use Dan to do the
Rick Melmar there will be some boots on the ground and we want to make sure that everybody is ok with
us doing what can be an invasive process and intrusive in many areas.
Chairman Jandreau we need to look at all of it and we need your professional expertise and in order for us
to continue our system we are facing the reality of retroceding the operation back.
Dan in your assessment would you and could you include the school board in that and .
Stacy clearing up the confusion of is this a tribal school or what is it. reviewing the bylaws and other
organic guidance and looking at the data etc.
Chairman how much time would it take to do a preliminary assessment?
Keith Moore if we start december 1 when can we get done by February. A report and a recommendation
plan that would outline a schedule of implementation of changes
Is that acceptable to the council members
JMC i like what they are saying because we need to keep the tribal and school board politics out of this
we have to put the kids first and we have to accept what we are being told we need to do.
Rick would an end of february timeline work for you and boyd suggested that we would not do any
renewals until we have reviewed you suggestions
Dan suggested that we involve silas blaine in this process because he has asked the same questions.
Chairman 40 percent of the Lyman budget comes from the students that leave Lower Brule schools.
Stacy some of the things that we can do if parents send them to Lyman because of bullying or academics
or other things require that the tribe and others really commit to a re-investment into the school to work
toward developing the type of citizens that we want in our schools. Financial incentives for the families
and students to bring their students back or keep them here.
Pine Ridge has an investment account that if students put in 1,400 they have a program that matches it
three to one so a kid can walk out of school with 5,200 to begin college or adult life with. Lakota Fund.
A plan attached to a contract outlining a review of the advisory board and how it is working and its
strengths and weaknesses.
Motion made by Boyd Gourneau to formally develop a contractual relationship with American Indian
Institute for Innovation second by John McCauley five for, none not voting none absent,
Cody Russell about what time can we expect some correspondance coming back from these guys,
Chairman they will be getting to these guys by December.
three Year Term - Motion made Orville for Lori Gourneau, second by shawn 4 for, one not voting, and
noe absent
Two Year Term - Motion made by orville for amy jandreau Second by Darrell, 5 for, none not
OneTerm - motiong by JMC second Boyd, 5 for none not voting, none absent
The Council went into recess at 12:27 p.,.
LBST Council Meeting Minutes 2/19/14
Lower Brule Sioux Tribal Council Meeting
Regular Meeting
February 19th, 2014 (postponed from 2/5/14)
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 19th day of February, 2014, and was called to order at 11:37 a.m. by
the Chairman, Michael B. Jandreau, with roll call as follows:
Present
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley, Sr., Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Not Present
Shawn LaRoche, Council Member
Also Present
James Two Bulls, BIA, Superintendant, Lower Brule Agency
Yuma House, BIA Law Enforcement, Chief of Police
Mario Red Legs, BIA Law Enforcement, Special Agent-In-Charge, Aberdeen Area
Wayne LaBelle, JDC, BIA Law Enforcement
Larry Jandreau, Facilities Management, LBST
Richard Rangel, Rangel Inc.
Dana Forman, KLJ Engineering
Scott Jones, Administrative Officer, LBST
Wade Christensen, BIA, Range Management Specialist
Kevin Wright
Roll Call
A quorum was established.
Opening Prayer
The meeting opened with a prayer.
Close January 2014 Lower Brule Sioux Tribal Council Meeting
There being no further business for the month of January, 2014, a motion was made by
Secretary/Treasurer McCauley to close the January 2014, Lower Brule Sioux Tribal Council Meeting,
second by Sergeant-At-Arms Middletent, 4 for, none opposed, none not voting and one absent.
Bureau of Indian Affairs Law Enforcement – Discussion/Informational
Chairman Jandreau received a call from Mr. Yuma House, Chief of Police, requesting a meeting with the
Tribal Council. Mr. Mario Red Legs was present and brought Mr. Wayne Labelle to discuss the Juvenile
Detention Center. There was a recent fire in the Center and Mr. Red Legs wanted to make sure that the
situation was cleared and the kids could safely return. The problem started with a leak from a shower in
the men's section and while that was shut off a fire was subsequently set off. The shower has been shut
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LBST Council Meeting Minutes 2/19/14
down and necessary repairs are being made. The Juveniles are being returned. Mr. House and Mr. Red
Legs informed the Tribal Council that there are several other little things that need to be fixed. All the
Juveniles will be coming back to be housed. Mr. Larry Jandreau was asked, “Have you been notified of
this?” He responded that he had been notified that the shower room has been corrected and the tiles have
been replaced. “We are going to have to get Construction (Employment Enterprises) back in there to go
back over things to make sure they are repaired.” Chairman Jandreau asked if Mr. (Larry) Jandreau can
get a subcontractor back in there to fix all the things that need to be fixed. Mr. (Larry) Jandreau
responded, “If that is what the Council wants.” Chairman Jandreau responded in the affirmative and
stated that the Tribal Council and the Corrections Staff are receiving a lot of concerns from the parents
and community. Mr. Red Legs stated that “Basically we are getting back to normal and the Juveniles are
being housed once again and I know how important this is.” Chairman Jandreau stated that “In the future
we would like to know in advance that there are problems arising.” Mr. Red Legs stated that “there was a
safety report done in September and we have done another one. We will provide you with a copy of that
updated report. Also, you may not know it but Yuma House is now the Chief of Police.” Chairman
Jandreau stated that also there is a meeting in Pierre on public safety as you are probably aware, and I
want you to know that this is of vital concern to the Tribe and all the other Tribes. “What is your plan and
priorities? And, how will you work to address them in a timely manner? It seems that filling positions
(in Corrections and the Police Department) becomes a blame game and we (the Community) live with the
results of these decisions every day. We are glad to have Yuma here because he is a good communicator.
Right now we have an Assistant Secretary (BIA) whose primary function is to put us out there as much as
he can so that he can eventually close down Indian Affairs. There is a lot of distraction and this leads to a
diminishment of services.” Secretary/Treasurer McCauley asked, “Is John Long the ASAC? Mr. Red
Legs responded that “Yes he is.” Secretary/Treasurer McCauley stated “I would like to ask that he have
minimal involvement with our community because of the history of bad interaction (he has had) with
certain families here in Lower Brule. His actions caused a great deal of grief for a certain family in
Lower Brule.” Mr. Red Legs stated that “You know he has built a relationship with the reservation and
with the system here in Lower Brule. In the past we ran a certain way. Now we are looking at a team
approach and we are trying to review what is going on at the ground level and we are trying to work
through the programming and other problems through this process.” Chairman Jandreau stated that “You
know a problem that has been on-going for what? 40 years? Is staffing. And, if we don't have the
adequate staffing here then we do not have the capacity to deal with the problems that we are faced with.
The second thing is interaction. Yuma has been successful because of his interaction with the community
members and the Community. The policing system at least has to feel like we own it and it belongs to
us.” Mr. Red Legs stated, “I wish we did not have the staffing issues that we have, but what is going on
now is that Veterans are given an expedited (recruitment) program, for people who are coming back from
the military.” Secretary/Treasurer McCauley asked, “Do they have more on contracting to keep the
recruits here?” Mr. Red Legs responded, “We have approached our HR (Human Resources) Department
and talked with them about holding employees on-site. When the jobs are advertised there is nothing
preventing our employees from moving on or transferring to other agencies. It's tough on us as well. We
sent them to the academy, we train them and after about a year and a half we have a good police officer.”
Chairman Jandreau stated “But it is a waste of limited funds.” Mr. Red Legs stated that “Yes it does have
a budget impact.” Sergeant-At-Arms Middletent stated, “I noticed that there is a lot of things going on
here in the community. There is a lot of drugs, a lot of break-ins, a lot of things going on and on and
there needs to be something done. Even as (recently as) this morning, somebody was trying to get some
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help for their kid’s drug addiction. It is a trend (that) there is a lot of break-ins. I don't know what is
going on but somehow, some way, there has to be something done. My daughter came to me and said to
me ‘Dad, I can't stay up there (at my house alone) anymore. My house (was broken into and) has been
violated.’ There has been some suspects that I guess were juveniles. To this day I don't know if anything
has been done. To top it off my son confronted them (some of the suspects) and do you know what they
done with my son? … They went down there and arrested him without the officer even asking him (what
was going on?). You know the officer went and arrested him, and threw him in the cop car. I was in
Sioux Falls, they took him and booked him, the officer said that they thought he worked here in the
(Lower Brule) school systems. They chained him and shackled (him) and when I seen my son, my
grandson, he said ‘Grandpa, I shouldn’t be here it shouldn't be like this and he (was very distraught).’
People look(ed) at me and said ‘That is your business’. I had to take my Grandson and wipe him down
(ceremonially) because it affected him that much. He is an A-student and he is one heck of man so now
my grandson is going across the river to go to school because of these things going on. I don't need
sympathy but we need to do something about this, if these drugs are flowing through our community what
are we going to do when we are gone? I ask you guys to crack down on this. There are too much drugs
and this is getting worse, my family were told not to defend themselves, somewhere along the line you
have to protect your own.” Chairman Jandreau stated that “What Sergeant-At-Arms Middletent says is
true and the use of drugs is so widespread and the hard drugs are really coming back, and they are coming
from someplace. The different (National and State) task forces and all of the accolades (people are giving
each other) are really meaningless because all of the impacts are still going on our Reservations. The
capacity to have that (dealt with) - and it isn't just law enforcement it is all of us but I believe that law
enforcement should be out there facilitating how we move away from this. This Council Member is a
(Proud) man when it comes to his family. But no one is dealing with him or communicating with him.”
Mr. Red Legs stated, “I did drug investigations for about 8 years and it was a good thing to see the people
sober up (and) come back into the community and they were very fortunate (I was glad to assist in that).
We are trying to look at treatment in partnership with IHS and a lot of people have someone in their
family (who is struggling) and we can throw them in jail and if there is no support for them when they get
out it doesn't do much (good) for them.”
Vice-Chairman Gourneau inquired about warrants and their being served. Mr. House stated that “The
big thing right now is (when I go into the Community) I speak with people (in the Community) and I am
pushing right now to get our staffing up to as much as we can. I do get complaints about why I am not
out there (serving warrants). I am the only who knows the people out there and I do have to get out there.
And growing up on a reservation I understand (when) it’s Christmas so (I encourage individuals to) get
out and take care of this (the warrant in their name) or it is your kid’s birthday or (an important holiday) –
(don’t wait to take care of your warrant)”. Vice-Chairman clarified that “I am just talking about people
who are really a problem.” Mr. House responded that “We don't control the court system (and the issuing
of warrants). I am trying to get a hold of this pipeline (of drugs and other problems), and I am working
with officer Bolling to get a handle on this. Living here long enough I feel like we have been broken into
(and violated) like Council Member Middletent. It is a problem. It is a lot of work; it is time consuming.
I wasn't really anticipating how much time is (required to be) spent on Corrections. We are looking at
(securing) a really strong Lieutenant. I want to meet my and the Department’s standards.”
Mr. Two Bulls stated “Mr. Chairman I want to just ask (for) clarification about people taking the law into
their own hands and the question is if we do get fully staffed then our officers get detailed out to other
reservations and we are back down to being understaffed - It is hard on the families and the Officers, I
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just wanted to ask Mario how he feels (about staffing issues)? I do want to get us to the point where we
do not have to detail (Officers in or out) and we just have to get full staffed. It is tough to recruit here and
at Crow Creek. I really think that the big answer is to use our own local people and the returning military
people as it just seems to be a good fit. Mr. Chairman we had people keep telling us that they (the
Officers) were required here and they were required there and that is an issue.” Mr. Red Legs stated,
“Most of our details are coming here to help operate the (Detention) Facility. Since last July we are at 53
percent occupancy rate at the Facility. So we need to bring order to the (Corrections/Enforcement)
Program.” Secretary/Treasurer McCauley stated, “I think that when they made the changes in 1999 they
fragmented the job(s) – (by splitting duties) and then it made a big circle (after all this time) and it came
back (full circle) and now it is back to (being the responsibility of) the Chief of Police. I think that there
should be a pay raise included in all that because of the increase in staff under the Chief”. Mr. Red Legs
stated, “Now we have a Chief of Police (Mr. House) and he is in charge of both Law Enforcement and
Corrections.”
Richard Rangel - Status Report on Oacoma Casino
“We are here to give an update and status report to the Lower Brule Sioux Tribe. On May 22nd of last
year you (the Tribal Council) acted to request a review on the Environmental Assessment (EA) for the
proposed Oacoma Casino Development Project. Two questions were of primary importance. (1) Is the
Project beneficial to the Tribe and Tribal Members and (2) is the proposed Development Project
detrimental to the surrounding communities. In order to facilitate the Secretary (of Interior) answering
those two questions we undertook the environmental assessment and preliminary report and (with me
today) is Dana Forman with Kadmas, Lee and Jackson and he is actually on the ground helping to finish
these documents and we are trying get the EA back to the Secretary by July of this year. I will turn this
over to Dana (now) to go over the agenda items.”
Activities completed to date:
• Scoping sent out November 5th 2013;
• Began engineering Studies in January 2014;
• Public meeting to allow the public to voice their concerns - we are shooting for the week of
March 24th, 2014;
• Right now to advertise for that meeting and we will have them at the following:
One here at Lower Brule; and
One at Oacoma, SD; and
• Cultural Resources concerns have been dealt with in cooperation with the Tribe’s CRO.
Chairman Jandreau stated that water service is one thing that he wished to discuss: whether the Rural
Water Supply System would be less cost prohibitive than service from the City. He suggested that we can
look at the Fort Hale Water System as a possible service provider.
•
•
Water /Sewer service in Oacoma need upgrades at a minimum of $3,000,000 and that is an old
number.
Consideration of an Oacoma/Lower Brule Memorandum of Understanding that would include a
voluntary contribution to the Community that would respect tribal sovereignty and would assist
the community of Oacoma at the same time. Tara (Adamski – LBST General Counsel) provided
a copy of the Flandreau agreement and that document includes that they (Flandreau Santee Sioux
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LBST Council Meeting Minutes 2/19/14
Tribe) may provide a contribution. The Sisseton-Wahpeton Sioux agreement provides three
pages of descriptions of when and how much the contribution would involve. So there are
options that can be considered to provide some incentive to Oacoma, a good neighbor clause or
goodwill gesture if you will.
•
Other issues to consider:
1.
2.
3.
4.
5.
6.
7.
8.
Traffic Impact Study
Boundary Issue
Oacoma Objection Letter will be dealt with in the EA and EAR
Correspondence with Oacoma to request a meeting with Oacoma prior to the
Public Meeting(s)
Public Meeting Schedule is one lunch meeting at Lower Brule at the Golden
Buffalo Casino Convention Center, and one evening meeting in either Oacoma or
Chamberlain at a site to be determined.
Chairman Jandreau has asked about maps and all of the attendant information for
review.
Information gathering and dissemination at public meetings - Would you like to
have brochures, pamphlets, comment cards, etc. available? (Affirmative response
from Council)
Schedule for additional data gathering for the middle of March so we know what
we need for the Public Meeting with answers to the questions about the proposed
Facility and the others issues involving Oacoma.
The Chairman concluded that the good news is we are right back on track with our schedule and under the
scoping responses there are no other big issues except those in the Oacoma response.
Morris Inc. Request for Lease on Gravel Pit lands in Stanley County
Morris Inc. submitted a request for an extension to the contract on the lease for an additional three year
period. The contract is due to expire in March 2014. The BIA provided appraisals and cost comparisons
for areas near the Reservation currently offering $.075 and Morris Inc. is currently paying the Durkin Pit
(M28007-0911 Tract LBM-825 - Northern) the Tribe owns a portion of that and the other (LaRoche Pit –
M28008-0911 Tract LBM-862 - Southern) located in Stanley County, as well. The gravel/sand type is a
factor in determining lease amounts per ton. The Tribe owns 86% of the Durkin Tract (mineral portion).
In 2011 there were 1,808 tons of the crusher fines taken out, for 2012 there was 4,020 tons of crusher
fines, and in 2013 there was only 607 crusher fines tons taken out. The Tribal Council requested that this
be verified and rechecked. For Tract LBM-862 (the LaRoche Pit) the Tribe owns 84% of the mineral
portion of the Tract in fee interest and the rest is fractionated. On that Tract Morris Inc. has been paying
an annual rental fee of $268 dollars, as they didn't take anything out. The Tribe is getting $.75 natural
fines and $1.50 per ton for crusher fines. The Tribal Council recalled 2.00 per ton straight across under
the previous lease. After discussion and review, Chairman Jandreau asked, “What is the pleasure of the
Council?” Vice-Chairman Gourneau stated that he wished to reflect the rates provided from nearby
Counties and Secretary Treasurer McCauley agreed with motion made by Vice-Chairman Gourneau to
establish $4.10 per ton straight across, second by Secretary/Treasurer McCauley, for a term of three (3)
years, 4 for, none against, none not-voting and one absent.
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Lower Brule Sioux Tribal Election Board Request for Call for Elections
The Lower Brule Sioux Tribes Constitution and Bylaws and the Lower Brule Sioux Tribe’s Election
Ordinance require the Tribal Council to call for elections in February during designated election years.
As 2014 is a designated election year the Tribal Council reviewed the necessary documentation and forms
to ensure that they have been duly completed. After so doing motion was made by Secretary/Treasurer
McCauley to Call for Elections for 2014, second by Sergeant-At-Arms, 4 for, none against, none notvoting and one absent.
Request for Appointment of 2014 Election Board Members
The Lower Brule Sioux Tribe’s Election Ordinance requires the naming of an Election Board and the
current members of the Election Board have requested to be allowed to remain as Board Members. After
review and discussion, the Tribal Council determined that the Lower Brule Sioux Tribe’s Election Board
would remain the same and include the following:
1.
2.
3.
4.
5.
Norma Grassrope
Lana LaRoche
Shirley Crane
Lucille Skunk
Flora Crane
Motion was made by Secretary/Treasurer McCauley to name the above individuals as the 2014 Lower
Brule Sioux Tribe Election Board Members, second by Sergeant-At-Arms Middletent, 4 for, none against,
none not voting and one absent.
Ellen Durkin Request
The Tribal Council received a request from Ms. Ellen Durkin for the Homesite lease on her brother, Mr.
Leo Durkin’s former Homesite. The Tribal Council discussed the issue as it appeared she would have
two Homesites. The Tribal Council considered her request and offered the opportunity for Ms. Ellen
Durkin to acquire an annual lease on the property containing Housing Unit #237. Motion made by ViceChairman Gourneau to offer an agricultural lease for $5.00 per acre for 5 years, second by Sergeant-AtArms Middletent, 4 for, none against, none not-voting and one absent.
Darrell Middletent & Daryl Middletent Lease Request
A request was received from Mr. Darrel Middletent and Mr. Daryl Middletent for an agricultural lease on
Tract T 4079-B that includes 17.50 acres of pasture land not including 2.5 acres of existing Homesite
acreage. After review and discussion, motion made by Secretary/Treasurer McCauley to approve the
request at the rate of $5.00 per acre for 5 years, second by Vice-Chairman Gourneau, 3 for, none against,
one not-voting and one absent.
Request for LBST to release any lease hold on Linda Thompson home assignment
A request was received from Mrs. Martha Coleman regarding her sister, Ms. Linda Thompson’s
Residential Lease 225-164-9823. Mrs. Coleman provided a lease agreement on land that she owns to
allow her sister Ms. Thompson the ability to secure a Section 184 Loan Agreement. The lease is on a
.625 acre lot of land and Mrs. Coleman has requested a Lease-Hold Release by the Lower Brule Sioux
Tribe on the lease so that she can move forward with the financial institution on closing out any
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LBST Council Meeting Minutes 2/19/14
outstanding concerns. Motion made by Secretary/Treasurer McCauley to approve Mrs. Coleman’s
request, second by Sergeant-At-Arms Middletent, 4 for, none against, none not-voting and one absent.
Lower Brule Farm Corp. Lease Request
The Lower Brule Farm Corporation requested approval on a lease for 160 acres of land in Tract LB-666,
SW1/4, Sec. 27, T109N, R77W; 5th P.M., located in Stanley County, South Dakota for agricultural
purposes as dry crop land. After review and discussion, motion to approve the Lower Brule Farm
Corporation’s request for a term of five (5) consecutive years with the first year of the lease being the
2014 crop season at the rate of $52.50 per acre per year, second by Secretary/Treasurer McCauley, 4 for,
none against, none not-voting and one absent.
Ann Reman Homesite Lease Amendment Request
A request was received from Ms. Ann Reman to add her sister, Ms. Jeanette Scott, to her Homesite lease
#225-202-0277. After review and discussion, motion made by Secretary/Treasurer McCauley to approve
Ms. Reman’s request, second by Vice-Chairman Gourneau, 4 for, none against, none not-voting and one
absent.
South Dakota DOT Request for Permanent Easement on Tract T2025
A request was received from the South Dakota Department of Transportation to acquire a permanent
easement on the underdrains at mile marker (MRM) 162.5 (near Bill Thompson’s) to provide
maintenance. There are problems with water flow and seepage and the Lower Brule Sioux Tribal Council
has determined that a potentially dangerous situation of water rising through the pavement is a threat.
The SDDOT want to go further out into the pasture for maintenance purposes and actually go into the
creek on an ongoing, as needed basis. The SDDOT is requesting a 50’ X 150’ block of permanent
easement to the outlet location and has offered a $500 one-time payment to install a tile tube to correct
drainage deficiencies. Motion made by Secretary/Treasurer McCauley to approve the SDDOT request,
second by Sergeant-At-Arms Middletent, 4 for, none against, none not-voting and one absent.
Approve USDA Request for Signatory Authority Designation for Chairman Michael B. Jandreau &
Vice-Chairman Boyd Gourneau for USDA-NRCS and USDA-FSA Programs
The USDA has provided a great deal of assistance to the Lower Brule Sioux Tribe and its Members and
to facilitate this, the USDA have requested designation of Signatory Authority for the appropriate Tribal
Officials. After review and discussion, motion made by Secretary/Treasurer McCauley to designate
Chairman Michael B. Jandreau and Vice-Chairman Boyd Gourneau as authorized for Signatory Authority
for documents and agreements that have been duly entered by the Lower Brule Sioux Tribal Council for
any and all USDA-NRCS and USDA-FSA Programs, second by Sergeant-At-Arms Middletent, 4 for,
none against, none not-voting and one absent.
Letter of Request from Davis Grooms
Mr. Davis Grooms made a request for the Tribal Council to consider a deferment on his lease payment of
$195 for 35.97 acres (2 leases). At this time the leases have already been cancelled for lack of payment
though he can reapply for the lease. Notwithstanding this, motion made by Secretary/Treasurer McCauley
to re-assign the two leases back to Mr. Grooms at $5.00 per acre, for a term of 5 years, motion died for
lack of a second.
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Approve Lower Brule Sioux Tribal Council Meeting Minutes for October 2nd, 2014
The Tribal Council was presented with the Tribal Council Meeting Minutes for October 2nd, 2014 for
review and approval. After review, motion made by Vice-Chairman Gourneau to approve the October
2nd, 2014 Minutes, second by Secretary/Treasurer McCauley, 4 for, none against, none not-voting and
one absent.
Tribal Online Gambling Conference - Informational
Information was provided to the Tribal Council concerning the agenda, dates and location of the meeting.
Annual Tribal Budget - Informational
The Lower Brule Sioux Tribal Council was presented with an outline of the annual budgets for the Lower
Brule Sioux Tribe for their consideration, review and comment.
Lakota Language Summit – Informational
Information was provided to the Tribal Council on the upcoming Lakota Language Summit concerning
the agenda, dates and location of the meeting.
Baunita Ness Request for Land Purchase
Mrs. Baunita Ness presented a request to purchase Tract T128 T108N R76W Sec. 30 NW1/4 to replace
lands that she lost during the Big Bend Taking Act condemnation proceedings. Chairman Jandreau
informed the Tribal Council that during and following the “condemnation/taking” of lands from Tribal
Members for Big Bend Dam and Fort Randall Dam, a set of ordinances were developed so that people
who have accrued damages from those actions and lost land can use those legally authorized processes to
seek remedy. Several individuals, including Mr. Faye Jandreau, Mr. Harold LaRoche, Mr. Wilbert
Thompson, Mr. Jerauld Jandreau and others who were affected by these “condemnation/taking”
proceedings then had an ability to pursue justice in response to Fort Randall and Big Bend Taking Act.
Chairman Jandreau informed the Tribal Council that his brother Mr. Jerauld Jandreau used this process to
rebuild the agriculture operations that had been destroyed by the Federal government through the
Condemnation/Taking Process and Acts. He further stated that these are facts that the Tribal Council can
consider as they deliberate upon Mrs. Ness’s request. After review and discussion and desiring more
information the Tribal Council expressed a lack of interest to pursue this at this time.
Kevin Wright Request to go under the Tribe's 501c3 designation for a Tribal Activity
Mr. Kevin Wright presented a request to use the 501c3 status of the Tribe to establish an “Amazing Race”
contest to be held on dates between the Lower Brule and Crow Creek Sioux Annual Fair and Pow-wow.
Mr. Wright stated that “I envision this as an annual event and that it would encourage the language and
the culture. “I am requesting a resolution of support for the concept of the Amazing Race to be held on
the Lower Brule Sioux Indian Reservation.” After review and discussion, motion made by
Secretary/Treasurer to approve the request to establish the “Amazing Race” concept as an official
“Cultural Activity” for the benefit of the Lower Brule Sioux People, second by Sergeant-At-Arms
Middletent, 4 for, none against, note not-voting and one absent.
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LBST Council Meeting Minutes 2/19/14
Linda Lurkin/Bill Lurkin 2013 Audit Preparation Assistance Proposal
Mr. & Mrs. Bill Lurkin submitted a proposal in the amount of $31,000 to the Lower Brule Sioux Tribal
Council to provide assistance to the Tribe in preparation for the 2013 Audit. This proposal included
planning, coordination, exporting and reconciling of all transfers and journal entries for all tribal
programs and also for Lower Brule Employment Enterprises, the Kul Wicasa Oyate Trading Post (CStore), the Schools System and Lakota Foods. After review and discussion of the work and time
involved in this process, motion was made by Vice-Chairman Gourneau, second by Sergeant-At-Arms
Middletent, 4 for, none against, none not-voting and one absent.
Bill Lurkin IDC Development Proposal
Mr. Bill Lurkin submitted a proposal in the amount of $7,500 to the Lower Brule Sioux Tribal Council to
provide assistance in the development of the Proposed IDC Rate for utilization by all grant programs.
The IDC Rate is a required negotiated amount that is applied to cover expenses not directly covered by
the formally identified grant activities. Motion made by Sergeant-At-Arms Middletent to approve the
proposal in the amount of $7,500, second by Secretary/Treasurer McCauley, 4 for, none against, none
not-voting and one absent.
Suzy Short Bear Request for Placement on the IHS Priority List for Water/Sewer Assistance
Ms. Suzy Short Bear submitted a request to the Lower Brule Sioux Tribal Council requesting that she be
placed on the IHS Priority List for Water/Sewer Services as she is purchasing a new home to be located
on the Reservation. Motion made by Sergeant-At-Arms Middletent to approve this request, second by
Secretary/Treasurer McCauley, 4 for, none against, none not-voting and one absent.
Teach for America - Informational
The “Teach for America” has presented the Lower Brule Sioux Tribal Council with an open invitation to
meet with them at their convenience.
Bernetta Traversie Request for Estimate on her house
Ms. Traversie asked for any assistance she could get to help her with her home repair from fire.
Chairman Jandreau discussed the notion of estimates. Chairman Jandreau will follow up on this.
Request for Resolution of Support to Approve the Wolakota Oun Skun Po/SAMSA Grant
Application for 2015 to Establish the “Hocoka Ahopa (Taking Good Care of the Sacred Circle)
Project”
The Wolakota Oun Skun Po Program presented a request for a resolution approving the 2015 SAMSA
Grant Application to establish the “Hocoka Ahopa (Taking Good Care of the Sacred Circle) Project”.
After review and discussion of the request, motion by Vice-Chairman Gourneau to approve the request,
second by Secretary/Treasurer McCauley, 4 for, none against, none not-voting and one absent.
Cancer Plan for the Lower Brule Sioux Tribe
The Omanipi Cancer Coalition presented a Cancer Plan for consideration and approval by the Lower
Brule Sioux Tribal Council. The Plan was created to enhance and increase the quality of life and
survivorship for cancer victims on the Lower Brule Sioux Indian Reservation. The action was tabled at
this time.
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LBST Council Meeting Minutes 2/19/14
Lower Brule Sioux Tribe Cultural Resources Program Request
The Lower Brule Sioux Tribal Cultural Resources Program requested a resolution to support the
application for the ANA/SEDS Grant for the on-going work associated with the Lower Brule Archive
Project and the Elder Advisory Committee. The Grant will allow for the gathering of records from
various storage facilities (Federal, State and other), for digitization and accessibility. Motion made by
Secretary/Treasurer McCauley to approve the request, second by Vice-Chairman Gourneau, 4 for, none
against, none not-voting and one absent.
Lower Brule Sioux Tribe Enrollment Committee Recommendations
The Lower Brule Enrollment Committee presented a list of applicants for enrollment in the Lower Brule
Sioux Tribe. There was considerable discussion about the issue of blood degree and the fact that some
applicants are much less than the required ¼ degree Indian Blood. The Enrollment Committee requested
an extended meeting with the Tribal Council on this concern.
On-Reservation (22 Amended to 23)
Wakinyan M. Brushbreaker
Brent Hood, Jr.
Demery G. Hood
Germaine M. Grassrope
Bailey DeShequette
Vaiden A. Battese
Karen E. Grassrope
David M. Deloria
Carter T. Coleman
Peyton J. Hood
Christopher A. Johnson, Jr.
Amanda Charger
Aleah C. Langdeau
Daisy M.J. Colombe
Dylan A Castaway
Victor Grassrope, Sr. (Amended In)
Andrew Estes, Jr.
Michael L. Hood
Kourtney D.R. Johnson
Maliek D. Pritchell
Kyana Rose Berry
Kim A. Flood
Aubry H.P. Grant
Off-Reservation
Grace Middletent
Latasha L. Long Fox
Roselei W. Langdeau
Charae N. McBride
Daniella A. Middletent
Dwight L. Long Fox
Lilymay T. Langdeau
Chayton K. Estes
Shawna K. Huff
Winona K. Charger
Lilyan T. Langdeau
Savannah H. Smith
After review and additional discussion, motion made by Vice-Chairman Gourneau to approve the
recommendation of the Lower Brule Sioux Tribe Enrollment Commitment with the addition of Mr. Victor
Grassrope, Sr. to the list, second by Secretary/Treasurer McCauley, 4 for, none against, none not-voting
and one absent.
Relinquishment Request from Kimberly Dempsey
A request for Relinquishment was presented by the Lower Brule Enrollment Committee on behalf of Ms.
Kimberly Dempsey. After review and discussion, motion made by Secretary/Treasurer McCauley to
approve Ms. Dempsey’s request, second by Sergeant-At-Arms Middletent, 4 for, none against, none notvoting and one absent.
Issue of Additional 50 Enrollment Applicants that are Questionable
The Lower Brule Sioux Tribe Enrollment Committee presented a list of 50 applicants for enrollment who
do not necessarily meet the Blood Degree or other requirements for enrollments. These applications merit
further review before consideration for acceptance and this list of 50 applicants was Tabled by the Lower
Brule Sioux Tribal Council until a joint meeting between the Enrollment Committee and the Tribal
Council can be held.
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LBST Council Meeting Minutes 2/19/14
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LBST Council Meeting Minutes 2/28/14
Lower Brule Sioux Tribal Council Meeting
Regular Meeting
February 28th, 2014 (Continued from 2/19/14)
The Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal Administration
Building on the 28th day of February, 2014, and was called to order at 1:21 p.m. by the Chairman,
Michael B. Jandreau, with roll call as follows:
Present
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley, Sr., Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Shawn LaRoche, Council Member
Also Present
Scott Jones, Administrative Officer, LBST
Lee Brannan, Tribal Manager, LBST
Roll Call
A quorum was established.
Close September & October 2013 Lower Brule Sioux Tribal Council Meetings
Mr. Scott Jones, Administrative Officer, LBST, who is acting as the Recording Secretary for the Lower
Brule Sioux Tribal Council, requested that the Tribal Council Close the September and October Tribal
Council Meetings. There was discussion by the Council Members stating that they thought the meetings
had been closed but moved by Unanimous Concurrence to restate that action.
Reconcile Lower Brule Sioux Tribal Council Resolutions with the Minutes for the Meetings
Mr. Scott Jones requested direction from the Lower Brule Sioux Tribal Council and was directed to reissue any resolution that was not in conformity with the actions taken and recorded in the minutes. The
Tribal Council directed this through Unanimous Concurrence.
Approve Lower Brule Sioux Tribal Council Minutes for September 30th, 2013, October 2nd, 23rd,
and 30th, 2013, November 12th, 2013, December 5th, 2013, and January 16th, 2014
The Acting Recording Secretary previously presented Draft Lower Brule Sioux Tribal Council Minutes
for review, correction and approval. Having reviewed the Draft Minutes, motion made by Council
Member Langdeau to approve the September 30th, 2013, October 2nd, 23rd, and 30th, 2013, November 12th,
2013, December 5th, 2013, and January 16th, 2014 Lower Brule Sioux Tribal Council Minutes (with
corrections), second by Secretary/Treasurer McCauley, 5 for, none against, none not-voting and none
absent.
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LBST Council Meeting Minutes 2/28/14
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LBST Council Meeting Minutes 3/5/14
Lower Brule Sioux Tribal Council
Regular Meeting
March 5th, 2014
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 5th day of March, 2014, and was called to order at 1:49 p.m. by the
Chairman, Michael B. Jandreau, with roll call as follows and with the Chairman declaring the
Council Meeting open since March 3rd, 2014 at 8:00 a.m.:
Present
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley, Sr., Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Shawn LaRoche, Council Member
Also Present
Joe Connot, WCEC
Jesse Tucker, WCEC
Scott Jones, Administrative Officer
Ben Janis, LBWFR, Director
Shawn Grassel, Wildlife Biologist, LBWFR
Lee Brannan, Tribal Manager, LBST
Tara Adamski, General Counsel, LBST
Lori Gourneau, Manager, LBST Infrastructure Development Authority
Roll Call
A quorum was established.
Opening Prayer
The meeting opened with a prayer.
West Central Lower Brule to Reliance Transmission Line Right-of-Way
Mr. Joe Connot, WCEC, introduced Mr. Jesse Tucker also with WCEC, and informed the Lower Brule
Sioux Tribal Council that Mr. Tucker will be taking his place in the future and that Mr. Tucker is a
Licensed Electrician as well as a Journeyman Lineman. Mr. Tucker is from Wood, SD, and went to
school in White River. While he was here Mr. Connot wanted to introduce Mr. Tucker to the Council.
Mr. Connot also wanted to discuss the proposed the Reliance to Lower Brule Transmission and clarify
that the line is for the Lower Brule Sioux Tribe and West Central, it is not being proposed for Basin
Electric or the RUS. Mr. Connot stated “We need this line to serve as a backup and to serve you directly;
we want to have a loop feed to provide two service connections coming to Lower Brule. It will be single
pole (line) providing 69,000 volts. It will be bigger than a 3 phase (and) will be like the line that comes
by Counselor Creek.” Chairman Jandreau stated “With this line you can take off from this sub-station
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LBST Council Meeting Minutes 3/5/14
and create irrigation power?” Mr. Connot responded “Yes, we can do that now, but this will create
another feed.” Chairman Jandreau stated “Why don’t we (you) go on from Debra’s (Isburg) on from
there, and tie those two lines together and tie Lower Brule and the Presho substation together?” Mr.
Connot responded “A mile of (this type of) line cost us (the customers) $40,000 per mile. I have to look
at the justification and look at the outage times and weigh the justification for doing more work. We have
a FEMA grant to replace some aging phase from Presho to Kennebec. We are going to take that line out
and start doing underground work (where it is feasible).” Chairman Jandreau asked “What if we asked
you to give a price to do that work? If something happens to the Presho line, if that goes, (for consistency
in) bringing out power to Iron Nation for our irrigation. (A) 3 phase to develop (and meet) the electricity
needs (and) the economic needs of the Tribe”. Mr. Connot acknowledged this request and stated, “I also
would like to visit with you about the environmental. We had met with Dr. Molyneaux (about Cultural
Resource Protection issues), so we moved the line around the (Medicine) Butte and we have adjusted the
line for the water system. From Ted Rouilliard’s, we are moving around the tree plantings so we are
adjusting our line to meet the needs of the reservation and going west to avoid the cottonwoods near
Rouilliard’s (place). Dr. Molyneaux will go out and do the environmental report for the line. If the Basin
(proposed 230 Kv transmission line) gets built then we will tap into (it) at Reliance because we have the
need in the future. The line will start at the sub-station near the Justice Center on the (West Brule) hill.
We do not pay for easements on distribution lines but we do pay for easements on transmission lines. (In
exchange for the Tribe granting an easement) we (WCEC) will come up here and fix every street light
that West Central owns in Lower Brule and West Brule.” At this time there was no action taken by the
Tribal Council; however, Vice-Chairman Gourneau requests that the record reflect that “This line is not
for the Keystone XL pipeline.” Vice-Chairman Gourneau makes a motion to accept the West Central
offer with the caveat that (it be made clear) this line is not associated with the Keystone XL Pipeline,
motion dies for lack of a second (as the Tribal Council desired to more time to review the information).
Request for Support Resolution Authorizing Chairman Michael B. Jandreau Signatory Authority
to Issue Letter of Support for Sexual Abuse Prevention Program Grant Application Lisa Estes-Heth
A request was received from Ms. Lisa Estes-Heth for a letter of support from Chairman Michael B.
Jandreau in support of the Sexual Abuse Prevention Program Grant application. After review and
discussion motion made by Vice-Chairman Gourneau to approve Chairman Michael B. Jandreau
Signatory Authority for the requested Letter of Support for the Program, second by Sergeant-At-Arms
Middletent, 5 for, none against, none not-voting and none absent.
Request for Approval for Date of March 27th, 2014 for the Public Meetings in Lower Brule &
Oacoma, SD - Richard Rangel
Mr. Richard Rangel submitted a request for approval of the dates for Public meetings in Lower Brule and
Oacoma, SD. Sergeant-At-Arms to go along with Mr. Rangel’s recommendation of a lunch meeting in
Lower Brule and an evening meeting in the Oacoma, SD area on March 27th, 2014, second by Council
Member LaRoche, 5 for, none against, none not-voting and none absent.
Request to Seek Bid Quotes for Vehicle Purchase for Chairman’s Office
Mr. Scott Jones, Administrative Officer, Lower Brule Sioux Tribe, presented a request to solicit bids for
the purchase of a 2014 GMC Terrain for the Chairman’s Office. Mr. Jones stated that he was currently
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LBST Council Meeting Minutes 3/5/14
coordinating with the Motor Pool Program and that without a trade-in the Terrain would run about
$40,000 but that with a trade-in that amount should be less depending on the current value of the Blue
Tahoe. Mr. Jones requested authority to seek bid quotes, motion made by Council Member LaRoche to
approve the request to seek bids for a 2014 GMC Terrain, second by Sergeant-At-Arms, 4 for, none
against, none not-voting and one absent.
Lower Brule Sioux Tribe & Land Buy Back Program
Mr. Lee Brannan, Tribal Manager, and Ms. Tara Adamski, General Counsel, LBST, updated the Tribal
Council on discussion held during a conference call with Cogent Analysis Group, LLC. The Tribal
Council discussed the recent notice that the Tribe received concerning the Land Buy Back Program and
the open solicitation period ending on March 14th, 2014. The Solicitation is an opportunity for tribal
nations to provide input into the decisions about the schedule of implementation. After review the Tribal
Council discussed the need to formalize the draft resolution identifying Chairman Michael B. Jandreau as
the Point-Of-Contact for the Tribe regarding the Buy-Back Program. The Council also determined that
copies of all notices or correspondence should also be sent by the Department of Interior to Ms. Adamski,
General Counsel of the Tribe. Discussion was also held on the complexity of land ownership and
planning for any purchasing that the Tribe may be interested in pursuing. Chairman Jandreau stated that
it would be well advised for the Tribe to request the Department of Interior provide the names and
mailing addresses of the owners in any interest in trust or restricted land on the Lower Brule Sioux Indian
Reservation as well as the location of the parcels and the percentage of such undivided interests owned by
each individual. As the Tribe has entered into a contract with Cogent Analysis Group, LLC to assist the
Tribe in developing a Cooperative Agreement with the Department of Interior, the Tribal Council also
desired to authorize the Department to communicate with Cogent Analysis Group, LLC. After further
consideration, motion was made by Vice-Chairman Gourneau to:
Pursuant to 25 U.S.C. 2216(e):
•
•
•
Request the names and mailing addresses of the owners in any interest in trust or restricted land
on the Lower Brule Sioux Indian Reservation and information on the location of the parcels and
the percentage of such undivided interest(s) held by each individual
Name Chairman Michael B. Jandreau as the Point-Of-Contact for the Land Buy-Back Program
and request that Ms. Tara Adamski receive copies of all notices or correspondence sent by the
Department of Interior
Authorize the Department of Interior to communicate with Cogent Analysis Group, LLC, second
by Secretary/Treasurer McCauley, 5 for, none against, none not-voting and none absent.
USDA Fort Pierre National Grasslands Response Letter
Chairman Jandreau was in receipt of a letter dated February 3, 2014 responding to the communication
Chairman Jandreau forwarded to the USDA conveying the Tribe’s desire to see the return of the Fort
Pierre National Grasslands, which are part of the original Lower Brule Sioux Indian Reservation.
Chairman Jandreau stated that our Tribe needs to continue to pursue this and that the lands within the
current Fort Pierre National Grasslands (and part of the Original Lower Brule Sioux Indian Reservation)
can be returned by Executive Order notwithstanding that the USDA says it cannot happen without
Congress. Chairman Jandreau stated, at this point in time “I request that the Council approve the
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LBST Council Meeting Minutes 3/5/14
continued pursuit of the return of this land.” The Lower Brule Sioux Tribal Council approved continuing
to pursue the land return by Unanimous Concurrence.
I.H.S. Master Planning Session - Informational
Chairman Jandreau introduced information about the I.H.S. Master Planning Session and requested that
the Council consider going.
Request to Designate Point-Of-Contact for U.S. Mint Congressional Medals from Betty Birdsong
Ms. Betty Birdsong, U.S. Mint, submitted a request to the Lower Brule Sioux Tribal Council to designate
a Point-Of-Contact regarding the minting of Congressional Silver & Gold Medals of Honor for Lower
Brule Sioux Tribal Code Talkers. After review and discussion, motion made by Sergeant-At-Arms
Middletent to designate Mr. Boyd Gourneau as the Point-Of-Contact for the development of a Code
Talker Congressional (Silver and Gold) Medal of Honor, second by Secretary/Treasurer McCauley, 5 for,
none against, none not-voting and none absent.
Consultation Meeting with the US BOR on the Northwest Area Water Supply Project
Ms. Alicia Waters, U.S. BOR provided a response to the Lower Brule Sioux Tribe’s request for
Consultation on the Northwest Area Water Supply Project; the BOR offered to meet with the Tribe and
provided tentative dates for the Consultation. The Lower Brule Sioux Tribal Council established the 24th,
or the 25th of March, 2014, for the meeting by Unanimous Concurrence.
Request for (2) Resolutions of Support for the Lower Brule Sioux Tribal Court System (A) US DOJ
“Coordinated Tribal Assistance Consolidated Grant” Application and (B) US DHHS, Substance
Abuse and Mental Health Services Administration “SAMSHA Treatment Drug Courts”
Judge Lorrie Miner presented a request to the Lower Brule Sioux Tribal Council for resolutions of
support for the Coordinated Tribal Assistance Consolidated Grant through the Department of Justice, and
for the SAMSHA Treatment Drug Courts through the Department of Health and Human Services. After
review and discussion, motion to approve both resolutions by Sergeant-At-Arms Middletent, second by
Council Member LaRoche, 5 for, none against, none not-voting and none absent.
Bureau of Indian Affairs Traffic Study – Indian Highway Safety Program
A letter inviting the Lower Brule Sioux Tribal Council to participate in the Indian Highway Safety
Program, Traffic Study was presented to the Tribal Council through Mr. James Two Bulls,
Superintendant, B.I.A. After reviewing the information contained in the invitation and considering the
deadline for applications of May 1st, 2014, motion made by Sergeant-At-Arms Middletent to participate in
the Traffic Study and to request funding under the Highway Safety Act of 1966, U.S.C., Title 23, Section
402, second by Secretary/Treasurer McCauley, 5 for, none against, none not-voting and none absent.
Request for Resolution of Support for Clemency for Leonard Peltier
A letter of request was brought forward by Vice-Chairman Gourneau regarding clemency for Mr.
Leonard Peltier who is being held in federal prison. The letter contained a draft resolution provided for
discussion. After review and discussion, motion made by Sergeant-At-Arms Middletent to approve the
resolution supporting clemency for Mr. Leonard Peltier, second by Vice-Chairman Gourneau, 3 for, none
against, 2 not-voting and none absent. A ruling from the Chair determined that the not-voting actions of 2
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LBST Council Meeting Minutes 3/5/14
Council Members would be rendered as positive votes as they were not against votes. There were no
objections raised.
Concurrence for Access Grant for Lori Gourneau – ACH
The Lower Brule Sioux Tribal Council discussed the need for Ms. Lori Gourneau to have access to the
ACH for Infrastructure Development Authority and other purposes. After discussion and consideration
Ms. Lori Gourneau was granted ACH access authority by Unanimous Concurrence of the Tribal Council.
Resolution Authorizing Refunding the Bond Issue for the Lower Brule Sioux Tribe
Ms. Lori Gourneau, Manager, Lower Brule Infrastructure Development Authority, presented the renegotiated terms on the existing Infrastructure Bond. The new terms would allow the Tribe to realize a
$1.1 million reduction in payments from $2.4 million and would extend the terms of the Bond. OTFM
informed Ms. Gourneau that if the terms were accepted by the Tribal Council that there is then 25 days to
look at it afterwards. Ms. Tara Adamski, General Counsel, LBST, has reviewed the re-negotiated Bond
issue and found no areas of concern. After review and discussion, motion made by Secretary/Treasurer
McCauley to accept and approve the new terms of the Bond, second by Sergeant-At-Arms Middletent, 5
for, none against, none not-voting and none absent.
Recommendations for the Lower Brule Wildlife, Fish, and Recreation 2014 Hunting, Fishing &
Trapping Licensing and Limit Requirements
Mr. Ben Janis, Lower Brule Wildlife, Fish, and Recreation Department Director, and Mr. Shaun Grassel,
Wildlife Biologist, presented the Lower Brule Sioux Tribal Council with proposed 2014 Hunting,
Fishing, and Trapping recommendations. Mr. Janis said that regarding waterfowl, the Mni SoSo Goose
Camp is not earning enough income to pay the people involved in keeping it going. The Department is
proposing eliminating the Goose Camp. The Tribal Council discussed the notion of not having waterfowl
as extensive as in the past and discussed their personal experience with hunting and the fact that our
hunting season ends before the fly back. Mr. Grassel stated he recollected that at the goose camp there
were eight days that geese were shot at the goose camp. When asked “How many waterfowl licenses do
you sell?” Mr. Grassel responded “Probably 150 and at Mni SoSo we sold about 20.” Vice-Chairman
Gourneau stated, “I would like you to separate it out (The Goose Camp and the waterfowl licensing
issues) and come back for the Goose Camp area only with the numbers and on the other issues, a plan for
the waterfowl including the Grassrope and Gilman (Iron Nation) areas.” Chairman Jandreau stated that
he was involved on the original development of the idea and it was to develop the wildlife that was here
to establish employment and create a conservation process to oversee the whole of the environment on the
reservation. The reality of the situation is that we made sure (through legislative and contractual and
grant activities) that the funding was here as in Title VI and now there does not seem to be any other
development that exists outside of that. The only situation that seems to change is I see the same people
working every year, and as far as the wildlife system itself it doesn't seem to be growing or changing.
You exist as a program to create new opportunities for the tribe. But I do not see that happening. Mr.
Janis responded that we had the drought, then we had flooding and we are just not having a good last few
years. Vice-Chairman Gourneau asked “What is wrong with developing new plans for diversification
with, say, pheasant? Do we want to get into domestic (pheasant populations)? We have always tried to
say that we are all wild pheasant. I don't know all the answers either. We have been in discussion over
that happening with various individuals including the Hagues but in those negotiations they pulled out.”
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LBST Council Meeting Minutes 4/2/14 – 4/10/14
Lower Brule Sioux Tribal Council Meeting
Regular Meeting
April 2nd, 2014
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 2nd day of April, 2014, and was not called to order due to a quorum
not being established. Informational Meeting.
Present
Boyd Gourneau, Vice-Chairman
John McCauley, Sr., Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Not Present
Michael B. Jandreau, Chairman (illness)
Shawn LaRoche, Council Member
Also Present
Stacy Phelps, AIII
Dan Shroyer, Education Consultant, LB School System
Lee Brannan, Tribal Manager, LBST
Scott Jones, Administrative Officer, LBST
After establishing that a quorum was not present, Vice-Chairman Gourneau who was Chairing the
meeting, declared the meeting an Informational Meeting with AIII, Mr. Dan Shroyer, Education
Consultant, LB School System, and Mr. Lee Brannan, Tribal Manager, LBST.
The Lower Brule Sioux Tribal Council Members present went into a closed session with AIII, Mr. Dan
Shroyer, and Mr. Lee Brannan to discuss contractual and staffing issues in the LB School System.
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LBST Council Meeting Minutes 4/2/14 – 4/10/14
Lower Brule Sioux Tribal Council Meeting
Regular Meeting
April 10th, 2014 (postponed from April 2nd, 2014)
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 10th day of April, 2014, and was called to order at 1:34 p.m. by the
Vice-Chairman, Boyd Gourneau, with roll call as follows:
Present
Boyd Gourneau, Vice-Chairman
John McCauley, Sr., Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Shawn LaRoche, Council Member
Not Present
Michael B. Jandreau, Chairman (illness)
Also Present
Stacy Phelps, AIII
Walt Swan, AIII
Dan Shroyer, Education Consultant, LB School System
Lee Brannan, Tribal Manager, LBST
Scott Jones, Administrative Officer, LBST
Wilma Wilson, Personnel Manager, LBST
Roll Call
A quorum was established.
Opening Prayer
A Prayer was led by the Chaplain, Secretary/Treasurer McCauley.
Close March 2014 Meeting
There being no further business for the month of March, 2014, motion was made by Secretary/Treasurer
McCauley to close the March, 2014, Lower Brule Sioux Tribal Council Meeting, second by Council
Member LaRoche, 4 for, none against, none not-voting and one absent.
Request for Resolution to Authorize Submission of Inter-Tribal Buffalo Council (ITBC) Grant
Application for Buffalo Pasture Fences and Corrals – Lower Brule Department of Wildlife, Fish,
and Recreation
Mr. Ben Janis, Lower Brule Department of Wildlife, Fish, and Recreation Director, submitted a request
for a resolution of support for an ITBC Grant Application to Improve Buffalo Pasture Fences and Corrals.
After review and discussion of the request, motion made by Secretary/Treasurer McCauley, second by
Sergeant-At-Arms Middletent, 4 for, none against, none not-voting and none absent.
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LBST Council Meeting Minutes 4/2/14 – 4/10/14
Request to Amend Steve Langdeau, Sr. & Stuart Langdeau Lease to add Steve Langdeau, Jr.
A request received from Mr. Steve Langdeau, Sr. and Mr. Stuart Langdeau to add Steve Langdeau, Jr. to
their Range Unit Lease. After review and discussion, motion made by Secretary/Treasurer McCauley,
second by Council Member LaRoche, 4 for, none against, none not-voting and none absent.
Omanipi Cancer Coalition Request for Approval of Lower Brule Cancer Plan
The Omanipi Cancer Coalition requested that the Lower Brule Sioux Tribal Council approve the Lower
Brule Cancer Plan, which the Tribal Council received previously for review. Having completed the
review, motion made by Secretary/Treasurer McCauley to approve the Lower Brule Cancer Plan, second
by Sergeant-At-Arms Middletent, during discussion, Vice-Chairman Gourneau requested that all data
collected be presented to the Tribal Council for review before further dissemination, the Motion Maker
and Second agreed to amend their motion, 4 for, none against, none not-voting and one absent.
Rescind Resolution 14-050, Assigning Ellen Durkin an Agricultural Lease on a Homesite
Containing Housing Unit #237
During the February 19th, 2014 Regular Meeting, the Lower Brule Sioux Tribal Council approved Ms.
Ellen Durkin’s request to acquire the lease on the land where her brother, Mr. Leo Durkin (now deceased)
had his home, Housing Unit #237. Due to erroneous information the Tribal Council believed that Ms.
Durkin had a previously existing Homesite Lease and therefore awarded the Lease as an Agricultural
Lease. As this was not the case the Tribal Council has reconsidered the action granting her request,
Resolution #14-050, and has determined that they must rescind that resolution to take the appropriate
action. After discussion, motion made by Secretary/Treasurer McCauley to rescind Resolution #14-050,
second by Sergeant-At-Arms Middletent, 4 for, none against, none not-voting and one absent.
Approve Ellen Durkin Homesite Lease Assignment Request
The Lower Brule Sioux Tribal Council received a request from Ms. Ellen Durkin to obtain a Homesite
Lease assignment on the land containing her brother, Mr. Leo Durkin’s home, Housing Unit #237. Mr.
Durkin is now deceased. As the Tribal Council has previously reviewed the assignment and determined
that a Homesite Lease assignment is appropriate, motion by Council Member LaRoche to approve Ms.
Ellen Durkin’s Homesite Lease request for a 2.5 acre Homesite, second by Sergeant-At-Arms Middletent,
during discussion, Council Member Langdeau requested that the record reflect that she does own Mr.
Durkin’s former home, Housing Unit #237, 4 for, none against, none not-voting and one absent.
Kul Wicasa Oyate Trading Post (KWOTP) Request to Utilize Remaining Grant Funds
KWOTP requested use of the remaining $7,023.24 Shakopee Grant dollars to purchase kitchen equipment
to expand their product line. Chairman Jandreau requested that Lee (Branan, Tribal Manager) look at it
and come back to the Tribal Council with recommendations. The matter is tabled until then.
Lou White Light Request
Mrs. Lou White Light submitted a letter requesting that her previous lease for pasture land be renewed.
As the Tribal Council had previously given lease holders the opportunity to pay any outstanding lease
amount owed and several had not (including Mrs. White Light), and had offered the opportunity to re-bid
on their expired lease, the Tribal Council tabled the request until the new lease bids were brought before
them. Request Tabled.
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LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
Lower Brule Sioux Tribal Council Meeting
Regular Meeting
May 7th, 2014
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 7th day of May, 2014, at 11:00 a.m. and was not called to order due
to a quorum not being established. – Informational Meeting
Present
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley, Sr., Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Not Present
Orville C. Langdeau, Jr., Council Member
Shawn LaRoche, Council Member
Also Present
Kyle Peterson, Morris Inc.
Beth Lee, Great Plains Tribal Chairmen’s Health Board
Lila Caspers, Contract Insurance/Wellmark
Lee Brannan, Tribal Manager, LBST
Scott Jones, Administrative Officer, LBST
Morris Inc. Lease Renewal Request for Gravel Quarry Pits – Informational
Mr. Kyle Peterson, with Morris Inc., presented a request for the renewal of the Durkin Quarry Pit Lease
that has previously been presented to the Lower Brule Sioux Tribal Council and that the Tribal Council
had set at $4.10 per ton straight across. Under the previous Lease the Tribe was getting $.75 natural fines
and $1.50 per ton for crusher fines but settled for $2.00 per ton straight across. Mr. Peterson requested
reconsideration of the $4.10. Under the previous Lease, the Tribe was getting $.75 natural fines and
$1.50 per ton for crusher fines. The Tribal Council was under the impression that the price was 2.00 per
ton straight across. Mr. Peterson discussed what Morris Inc. costs of business are and requested the
Tribal Council reconsiders the rates that were set on February 19th, 2014. Chairman Jandreau stated that
there has been a lack of accountability on how much has been removed from the quarry by Morris Inc.
Mr. Peterson stated that he is new to the position and will begin reviewing and tracking what is being
taken out of the areas in question. The Tribal Council requested more information regarding the costs of
business and Mr. Peterson assented. Mr. Wade Christensen stated that the previous price was in place
since 2005/2006 and hasn’t gone up. Vice-Chairman Gourneau asked to be informed about what
stockpiles exist. The Tribal Council agreed to meet again with Morris Inc. to review the information that
they are requesting.
Great Plains Tribal Chairmen’s Health Board Request for Support, Beth Lee – Affordable Care
Act (ACA) - Informational
Ms. Beth Lee, Great Plains Tribal Chairmen's Health Board, presented information concerning the
Affordable Care Act (Obama Care) and requested the Lower Brule Sioux Tribe declare a Lower Brule
Sioux Tribe Health Insurance Marketplace Proclamation. Ms. Lee discussed issues concerning expanded
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LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
opportunities for mental and behavioral health services abuse treatment and contracting opportunities.
She encouraged the Tribal Council to support greater ACA sign-up by Tribal Members and discussed the
potential for increased billing income for the health care system that would allow for expansion of
services locally. Ms. Lee offered her services to facilitate ACA enrollment. The Tribal Council thanked
Ms. Lee for the information
Lila Caspers - Wellmark Health Insurance Coverage Plan
Ms. Lila Caspers, LK Caspers Insurance, provided the Lower Brule Sioux Tribal Council information on
the new insurance rates and plan. To continue with the current level of coverage she informed the Tribal
Council that there is 10.09% percent increase on the coverage. 4% of this is the new fees that are being
built in. The increase is $620.82 per person/single coverage and that will go up on July 1st to $683.97 per
person/single coverage, an increase of $63.15 per employee or $10,453 per month (aggregate) if we
maintain the current coverage. Chairman Jandreau stated that we cannot get any of that out of IDC and as
it is currently structured, the only place that can absorb these costs is the General Fund. He posed the
question – “Why can’t we add that to our Tribal Programs budgets since it is federal law and required for
the program?” Mr. Lee Brannan stated that some tribes are calculating their IDC rate differently, and
they are only applying their rates on salaries. “We are using them on everything except construction.”
Chairman Jandreau asked, “Why can't we include this in our IDC negotiation? Ms. Caspers responded
that for Grant Programs the federal government pays 80% of whatever plan the employee chooses family
or single. “On the bottom I have listed a formula that passes part of the cost on to the employees. This
would help defray some of the costs for the Tribe even though the tribe has historically not wanted to do
this. Under the Affordable Care Act (ACA), all full time employees must be covered. It is unclear how
the ACA applies to tribal employees who are eligible for Indian Health Services.” Chairman Jandreau
stated that the ACA requirements are forcing the Tribe to spend money we don't have and does not come
through grants or contracts. The Tribal Council Members present continued discussion and Ms. Caspers
stated that she would provide more information as it became available.
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LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
Lower Brule Sioux Tribal Council Meeting
Regular Meeting
May 14, 2014, (continued from May 7th, 2014)
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 14th day of May, 2014, at 10:32 a.m. and was not called to order
due to a quorum not being established. Informational Meeting.
Present
Chairman Michael B. Jandreau
Vice-Chairman Boyd Gourneau
Secretary Treasurer John McCauley, Sr.
Tribal Council Member, Orville C. Langdeau, Jr.
Not Present
Darrell Middletent, Sergeant-At-Arms
Shawn LaRoche, Council Member
Also Present
Judge Lorrie Miner, Tribal Court System, LBST
Mekko Wolf, Acting Supervisory Correctional Specialist, Lower Brule Detention Center
Travis Thompson, Supervisory Correctional Specialist, Lower Brule Detention Center
Yuma House, Chief of Police, Lower Brule Law Enforcement
Lee Brannan, Tribal Manager, LBST
Lori Gourneau, Director, Lower Brule Infrastructure Development Authority, LBST
Participating via conference call: Joel Chino - Aberdeen Area District Officer
Scott Jones, Administrative Officer, LBST
Corrections, Law Enforcement and Judicial Issues of the Lower Brule Sioux Tribal Justice Center
The Lower Brule Sioux Tribal Council requested a meeting concerning a recent memo received from Mr.
Mario Red Legs, Special Agent in Charge, Bureau of Indian Affairs, stating that some of the inmates in
our facility at the Detention Center will be transported to Yuma, Arizona as the Lower Brule Corrections
Facility is getting an overflow of inmates. The letter referenced “the influx of inmates who have entered
the Lower Brule Detention Center” as causing concerns of overpopulation in the Center. The letter
further stated that for approximately seven (7) Tribal Members with sentences from 60 to over 365 days
for crimes committed, the District 1 Office intended to transport them to San Luis Regional Detention and
Support Center, located in Yuma, Arizona.
Chairman Jandreau stated that he has a problem with the memo and in transporting our prisoners to
Arizona, and he also has a problem with other prisoners from different tribes being housed here, and
therefore leaving no room for our own Tribal Members. In reference to San Luis offering other services
to inmates, Chairman Jandreau asked that as far as citing potential treatment opportunities, “Why aren't
those services for rehabilitation offered to our facility and our prisoners and Members so that the
sentencing helps the individual get the holistic treatment that they need at our own facility? The Bureau
at this time is not offering this to our facility, but it is willing to contract these services in Yuma,
Arizona.” Chairman Jandreau stated that there is a great disconnect as the Bureau does not offer the
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funding to our Tribe to get these services and getting the needs met to get the prisoners rehabilitated. He
further stated that the Tribe built that facility to (provide for and) meet these requirements. Chairman
Jandreau and Secretary/Treasurer McCauley have stated strong feelings about this situation, and both
indicated if this happens they would be willing to possibly file a discrimination suit against the Bureau of
Indian Affairs. Secretary/Treasurer McCauley stated that he feels strongly that he does not want our
members transported off this reservation. Mr. Joel Chino (via telephone) stated that having worked in
Lower Brule, he feels strongly about the situation and would not put the Tribe in this position with just
two days notice. Mr. Chino again stated that this memorandum was not set in stone. Secretary/Treasurer
McCauley asked Mr. Chino “Why are we getting individuals from other reservations brought to our
facility?” Mr. Chino stated there has been an increase throughout the reservations and that Lower Brule
does have the bed space for juveniles, and so that is why juveniles are sent here. The other reservations
are at full capacity also, and so therefore they are sent to Lower Brule as they are staffed, not fully, but
staffed to where they can handle the prisoners. Law Enforcement has taken over the Detention and they
are working diligently not to over capacitate the Lower Brule facility, and as well are working with other
Tribes in getting their needs met.
Judge Lorrie Miner stated that for Lower Brule, through their Scram bracelet program, the Lower Brule
Sioux Tribal Court System has saved the Bureau of Indian Affairs approximately $1.2 million dollars
through the program. This was done using the bracelets as deterrents and monitors so that the prisoners
were not required to be housed based on their individual crimes unless they didn’t follow the program
requirements. Judge Miner asked why some of the money that the Courts have saved through the Scram
Program can’t be redirected back to the Lower Brule Facility, to offer Tribal Members the same
Rehabilitation Services that the facility in Arizona offers and which is being used as justification for
sending inmates to San Luis. Mr. Chino stated that he really didn't have an answer.
Chairman Jandreau stated that this Tribe (the Lower Brule Sioux Tribe) vigorously disagrees in sending
our prisoners off the reservation. Mr. Chino stated that he cannot promise anything, but advises that he
will work on not letting that happen. Mr. Chino also advises that he does not have control over the
situation, but will work hard to take Lower Brule's needs to heart, and advised Chairman Jandreau to keep
taking the stance that we have. The issue of serving warrants in a timely fashion was also discussed.
Judge Miner stated that the synthetic drugs and methamphetamines are a big problem here in Lower
Brule, and she gives the longer sentences to detox the individuals, and get them in their right mind so they
understand their situation. Judge Miner and the Court System are working with the Chemical Abuse
Prevention/Counseling Program to get these long-term inmates into treatment. She advised there is a
method to the madness but believes that the individuals need to be in their right mind, so that they are
more open to the idea of treatment in getting help with their addictions and in keeping their families
together.
Mr. Yuma House, Chief of Police, stated that one of the goals of our facility is to make sure that the jail is
not over-capacitated with prisoners from other reservations, and they are trying to set aside bed space for
Tribal Members so they are not sent to other agencies. He also stated that Law Enforcement and
Detentions goals are to keep the prisoners here.
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LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
Lower Brule Sioux Tribal Council Meeting
Regular Meeting
May 16th, 2014 (postponed from May 7th, 2014)
The Regular Meeting of the Lower Brule Sioux Tribal Council was held at the Tribal
Administration Building on the 16th day of May, 2014, and was called to order at 11:18 a.m. by the
Chairman, Michael B. Jandreau, with roll calls as follows:
Present
Michael B. Jandreau, Chairman
Boyd Gourneau, Vice-Chairman
John McCauley, Sr., Secretary-Treasurer
Darrell Middletent, Sergeant-At-Arms
Orville C. Langdeau, Jr., Council Member
Not Present
Shawn LaRoche, Council Member
Also Present
James Two Bulls, Superintendent, BIA
Wade Christensen, Range Management Specialist
Lee Brannan, Tribal Manager, LBST
Scott Jones, Administrative Officer, LBST
Roll Call
A quorum was established.
Opening Prayer
A Prayer was led by the Chaplain, Secretary/Treasurer McCauley
Close April Lower Brule Sioux Tribal Council Meeting
There being no further business for the month of April, 2014, motion by Council Member Langdeau to
close the April 2014 Lower Brule Sioux Tribal Council Meeting, second by Sergeant-At-Arms
Middletent, 4 for, none against, none non-voting and one absent.
Sturgis Rally Sponsorship
Having been tabled previously, Chairman Jandreau requested that the Lower Brule Sioux Tribal Council
consider the matter of the Sturgis Rally Sponsorship. The Cultural Resources Office/Wildlife, Fish, &
Recreation Department/Lakota Foods Plant presented the Tribal Council with a request to proceed to
finalize a three (3) year contract with the City of Sturgis to continue the sponsorship of the Sturgis Rally.
The sponsorship costs $15,000 per year and is paid on a cost share basis between the 3 entities. This will
be the 2nd year of sponsorship. After review and consideration, motion made by Vice-Chairman
Gourneau to approve the three (3) year sponsorship contract at $15,000 per year, second by Sergeant-AtArms Middletent, 4 for, none against, none not-voting and one absent.
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LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
KWOTP Request for Expansion and to Utilize Unused Shakopee Grant Funds in the Amount of
$7,023.23 for Equipment
Having been tabled previously, Chairman Jandreau requested that the Lower Brule Sioux Tribal Council
consider the matter of the Kul Wicasa Oyate Trading Post expansion and utilization of the remaining
Shakopee Grant dollars. Mrs. Cheryll LaRoche presented the Tribal Council with a request to utilize
remaining funds from a Shakopee Grant to purchase additional kitchen equipment and to expand into the
unused side of the Trading Post. The total amount left in the Grant account is $7,023.23. After review
and consideration and discussion with Mr. Lee Brannan, Tribal Manager, LBST, motion made by
Secretary/Treasurer McCauley to approve expending the $7,023.23 in Grant dollars and to expand into
the unused side of the Trading Post, second by Sergeant-At-Arms Middletent, 4 for, none against, none
not-voting and one absent.
West Central Electric Cooperative for Easement to Build Service Line, Reliance to Lower Brule
West Central Electric Cooperative, having previously met with the Lower Brule Sioux Tribal Council
(March 5th, 2014), presented the Lower Brule Sioux Tribal Council with the request for an easement to
construct the Reliance to Lower Brule 69Kv electric service line. After review and discussion, the Tribal
Council noted that Chairman Jandreau has been authorized by standing resolution to sign for electric line
easements. Chairman Jandreau polled the Tribal Council and finding no dissent, agreed that he will
proceed with signing the agreement.
Wiconi Wawokiya Request for Resolution of Support for the Native Women’s Society of the Great
Plains Coalition (A), and for Wiconi Wawokiya, Inc.(B), to be Identified as the Authorized Designee
for Grants to Provide Services to the Lower Brule Sioux Indian Reservation and Tribe
Lisa Thompson-Heth, Wiconi Wawokiya, Inc., made a request for two resolutions – to be named the
Authorized Designee as (A) “The Native Women’s Society of the Great Plains Coalition” (Fiscal year
2014) and as (B) “The Wiconi Wawokiya, Inc.” (Fiscal years 2014 through 2017) for the purposes of
receiving grants and providing services for the Lower Brule Sioux Indian Reservation and Tribe to assist
at need individuals and families suffering from domestic violence, sexual assault, and other forms of
violence against women and children. After review and discussion Motion made by Vice-Chairman
Gourneau to approve both requests from Wiconi Wawokiya, Inc. to serve as the Authorized Designee of
the Lower Brule Sioux Tribe to serve the needs of the reservation, second by Sergeant-At-Arms
Middletent, 4 for, none against, none not-voting and one absent.
Big Bend to Witten 239 Kv Transmission Line - Informational
The Cultural Resources Office provided the Lower Brule Sioux Tribal Council with some clarifying
information concerning the proposed transmission line that is being developed by the RUS and Basin
Electric Cooperative.
LK Caspers Insurance Request for Selection of Health Care Insurance Plan
Ms. Lila Caspers, LK Caspers Insurance, presented the proposed health care insurance plan that was in
line with the desires of the Lower Brule Sioux Tribal Council. Ms. Caspers previously presented the
increases in the cost to the Tribal Council on May 7th, 2014, and requested a resolution supporting the
contract that had been signed. After review and discussion, motion made by Vice-Chairman Gourneau,
second by Secretary/Treasurer McCauley, 4 for, none against, none not-voting and one absent.
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LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
Great Plains Tribal Chairmen’s Health Board Request for Proclamation
Ms. Beth Lee has previously requested at the May 7th, 2014 Tribal Council Meeting (Informational), that
the Lower Brule Sioux Tribe declare a Lower Brule Sioux Tribe Health Insurance Marketplace
Proclamation and provide this to the Health Board. After review and discussion, motion by Sergeant-AtArms Middletent to approve the request, second by Secretary/Treasurer McCauley, 4 for, none against,
none not-voting and one absent.
Morris Inc. Request for Lease Amount Reconsideration
Morris Inc. previously had provided a request that the Lower Brule Sioux Tribal Council reconsider the
rates set by the Tribe of $4.10 per ton straight across. Chairman Jandreau stated that they may have
inventories stockpiled but that the Tribe has never received payment for any of it. After review and
discussion, motion made by Council Member Langdeau to reject the counter-offer provided by Morris,
Inc., second by Sergeant-At-Arms Middletent, 4 for, none against, none not-voting and one absent.
Request Denied.
Toni Rouillard Request for Meeting Dates with the SD Department of Transportation
Ms. Toni Rouillard presented a request for a meeting with the South Dakota Department of
Transportation. After review and discussion the Tribal Council established, by concurrence, the 28th or
30th of May for the SDDOT meeting.
Request Tribal Court to Join U.S. Attorney Honors Program
A letter of request was received from Judge Lorrie Miner, Lower Brule Sioux Tribal Court System, to
join the U.S. Attorney’s Honors Program. Mr. Lee Brannan, Tribal Manager, LBST informed the Tribal
Council that there is a fellowship program available for Tribal Members/students that could provide
opportunities for career development. Motion by Secretary/Treasurer McCauley to approve joining the
U.S. Attorney’s Honors Program, second by Vice-Chairman Gourneau, 4 for, none against, none notvoting and one absent.
Civil Air Patrol Request for Funding Support
A request was received from the Civil Air Patrol for a donation/advertisement for their magazine. The
request was for $625.00. After review and discussion, the Lower Brule Sioux Tribal Council took action
to approve the request in the amount of $625.00 by Unanimous Concurrence.
Lower Brule Sioux Tribe Health Transition Services Clarification request
Mr. Lee Brannan, Tribal Manager, LBST informed the Tribal Council that he has conferred with Tara to
look at other options for Health Transitions Services for the Lower Brule Sioux Tribe and has visited with
other to see if the Tribe can work the issues out amenably. Clarification is required for services and costs
(Informational).
Tribal Council Agenda Item 16 – the Tribal Council went into Executive Session.
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LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
Request for Clarification on Spirit Camp, Agricultural Lease Requirements
Lower Brule Law Enforcement requested to talk to the Lower Brule Sioux Tribal Council regarding the
establishment of a “Spirit Camp” on Tribal lease land. Mr. Yuma House, Chief of Police, asked to
address the Tribal Council and informed them that there are people attempting to set up an opposition to
Keystone XL camp. Chief House asked how to proceed as there is no permit governing setting up a camp
on tribal land without a permit or permission from the Tribe. If they are here to cause trouble then no
matter what land they set up on then it is governed by both the rights of private land owners and the need
to protect tribal members from threats to person and property. The camp is currently located at Ms. Kay
Johnson's pasture lease land (tribal land). There are several areas of concern: crossing tribal lands
without permission; occupying tribal lands without clear permission or agreement; and liabilities for any
unforeseen impacts or accidental injuries. Several Tribal Council Members expressed being uneasy with
the camp being located on Tribal land without clarification of responsibility. Darrell feels uncomfortable
about this situation. Chairman Jandreau pointed out that the Lease is for agricultural purposes. He also
pointed out that if it is privately owned land (deeded or allotted land) there isn’t much the Tribal Council
can object to other than the fact that if it is within the Lower Sioux Indian Reservation boundaries their
(any camp occupants) actions cannot jeopardize the wellbeing of the Tribe and/or Tribal Members,
especially if they (the camp occupants) are non-members of the Lower Brule Sioux Tribe. The Tribal
Council Concurred that without a formal request to amend the agricultural lease held by Ms. Kay
Johnson, said camp would not be allowed. At a later point during the Tribal Council meeting, Mr. Two
Bulls, Superintendant, Lower Brule Agency, BIA, informed the Tribal Council that Ms. Johnson claimed
that she had given a request for the Spirit Camp to the Tribal Council (Who had not seen any request),
and that Travis LaRoche had requested the BIA come and mow her lease land. Mr. Two Bulls stated to
the Tribal Council that Ms. Johnson told him she gave a paper to Ms. Nikki Ziegler, Staff Support Clerk,
Lower Brule Agency, BIA, requesting this (Ms. Ziegler had not seen any request). Mr. Two Bulls stated
that the BIA is issuing a letter to Ms. Johnson to let her know what the process is for this type of activity
and that it needs to be followed for the benefit of all involved.
The Tribal Council Came out of Executive Session (Item 16) to Resolve that Michael Standing
Soldier Shall Not be Allowed on the Lower Brule Sioux Indian Reservation or any Tribal Property
or Facilities for a Period of Ten (10) Years
A draft resolution was presented to the Lower Brule Sioux Tribal Council that addressed several threats
made against the Lower Brule Sioux Tribe and Tribal Members, by Mr. Michael Standing Soldier, in
retaliation for his discharge as Director of the Wolakota Oun Skun Po Program. Motion was made by
Council Member Langdeau to approve the “Floater” from the Lower Brule Sioux Indian Reservation for a
period of ten (10) years, second by Sergeant-At-Arms Middletent (with the caveat of Tribal Court
involvement), 4 for, none against, none not-voting and one absent.
Approve Request of Secretary/Treasurer McCauley to Oppose any Transfer of Lower Brule Sioux
Tribal Members from the Lower Brule Detention Center
Secretary/Treasurer McCauley brought to the Lower Brule Sioux Tribal Council a request to notify the
Aberdeen Area Law Enforcement Division that the Lower Brule Sioux Tribe does not want any of their
people or Tribal Members who are in the Detention Center to be transported off of the reservation for socalled over-capacity or for any other reason except alcohol or drug abuse treatment or other inmate
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LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
services. After review and discussion, motion made by Secretary/Treasurer McCauley, second by ViceChairman Gourneau, 4 for, none against, none not voting and one absent.
Approve Proposed Contract for Services with Direct Digital Control for the Control System of the
Lower Brule Sioux Administration Building
Mr. Lee Brannan, Tribal Manager, LBST, presented a bid estimate provided by Mr. Larry Jandreau,
Facilities Manager, LBST, from Direct Digital Control, for upgrade of the MS1800 control system, in the
amount of $24,187, utilizing funds budgeted in the Facilities Management budget. Motion by ViceChairman Gourneau to approve the proposed contract for services from Direct Digital Services, second by
Secretary/Treasurer McCauley, 4 for, none against, none not-voting and one absent.
Approve Proposed Contract for Services with Tessiers Inc. for Repairs and Upgrades at the
Swimming Pool Located in the Veteran’s Memorial Community Center
Mr. Lee Brannan, Tribal Manager, LBST, presented a bid estimate provided by Tessiers Inc. for repair
and upgrade of the swimming pool located in the Veteran’s Memorial Community Center in the amount
of $22,150.72, utilizing funds budgeted in the HUD Grant Award FY10 EDI-Special Project No. B-10SP-SD-0243. Motion by Sergeant-At-Arms Middletent to approve the proposed contract for services
from Tessiers Inc., second by Secretary/Treasurer McCauley, 4 for, none against, none not-voting and one
absent.
Approve Proposed Contract for Services with Eide Bailly, CPAs & Business Consultants for
Auditing Services for FY-13
Mr. Lee Brannan, Tribal Manager, LBST, presented a bid estimate provided by Eide Bailly, CPAs &
Business Consultants, to provide audit services for FY-13 for the Lower Brule Sioux Tribe in the amount
of $87,000. Motion made by Secretary/Treasurer McCauley to approve the proposed contract for services
from Eide Bailly, second by Council Member Langdeau, 4 for, none against, none not-voting and one
absent.
Approve Proposed Contract for Services with Electro Watchmen Inc. for Upgrades to the Security
System at the Lower Brule Sioux Tribal Administration Building
Mr. Lee Brannan, Tribal Manager, LBST, presented a bid estimate provided by Electro Watchmen Inc.,
for security system upgrades at the Lower Brule Sioux Tribal Administration Building in the amount of
$9,005. Motion made by Secretary/Treasurer McCauley to approve the proposed contract for services
from Electro Watchmen Inc., second by Sergeant-At-Arms Middletent, 4 for, none against, none notvoting and one absent.
Creighton University for Data Gathering Regarding Diabetes on the Lower Brule Sioux Indian
Reservation
Creighton University of Omaha, Nebraska, requested review of Diabetes data from Tribal Members of the
Lower Brule Sioux Tribe. Ms. LaDean Morford, Public Health Nurse, IHS, provided a copy of the
request. Ms. Morford was uncomfortable providing permission without the Tribal Council’s
involvement. After review and discussion, motion by Vice-Chairman Gourneau to approve Creighton
University’s request with the caveat that only numbers can be used without any names, second by
Secretary/Treasurer McCauley, 4 for, none against, none not-voting and one absent.
9
LBST Council Meeting Minutes 5/7/14 – 5/14/14 – 5/16/14
Environmental Protection Office Request for Resolution to Apply for EPA Brownfields Grant to
Address Concerns at the Old Clark Place Corner – Rescind Any and All Homesite Leases on the
Site Known as the Old Clark Place Corner
Ms. Mary Jane Gourneau, Brownfields Coordinator, Lower Brule Environmental Protection Office,
requested a resolution of support to seek a Brownfields Grant to clean-up the Old Clark Place corner. The
area in question is an environmental hazard and the EPO needs assistance to provide clean-up. After
review and discussion, motion made by Vice-Chairman Gourneau to support the EPO clean-up initiative,
second by Secretary/Treasurer McCauley. Prior to a vote being taken and during discussion, Chairman
Jandreau requested that the Tribal Council take action to rescind any and all Homesite leases on the site in
question to ensure that there are no other obstacles to the clean-up. The motion maker and second agreed
to amend their motion and second to declare any and all Homesite leases on the Old Clark Place corner
rescinded, 4 for, none against, none not-voting and one absent.
Environmental Protection Office Request for Resolution to Apply for EPA Brownfields Grant to
Address Concerns at the Old Clark Place Corner
After rescinding any and all Homesite lease holds on the Old Clark Place corner, and after further review
and discussion, motion made by Sergeant-At-Arms Middletent to declare this site as a Brownfields Site
and approve support for the EPO’s clean-up initiative, second by Secretary/Treasurer McCauley, 4 for,
none against, none not-voting and one absent.
Indian Child Welfare Act Letter & Resolution of Support for “Our Children Are Sacred” Funding
Request to the Shakopee Mdewakanton Sioux Community
Vice-Ch
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