# LOWER BRULE SIOUX TRIBAL COUNCIL MEETING > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alower_brule_sioux%3A9d2ef666a304b4bb ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 1 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 2 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. 3 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 4 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. 5 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. 6 LBST Council Minutes 6/11/13 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 7 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. 8 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 1 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 1 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 2 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. 3 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 1 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 2 LBST Council Meeting Minutes 2/19/14 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 3 LBST Council Meeting Minutes 2/19/14 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 4 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. 5 LBST Council Meeting Minutes 2/19/14 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 6 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. 7 LBST Council Meeting Minutes 2/19/14 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. 8 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. 9 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. 10 LBST Council Meeting Minutes 2/19/14 11 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. 1 LBST Council Meeting Minutes 2/28/14 2 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 1 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 2 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 3 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 4 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 ra [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alower_brule_sioux%3A9d2ef666a304b4bb. Public record. Not legal advice.