Lower Brule Sioux Tribal Council

Tribal code

Ask Donna

What actually matters in this document.

Text

Special Meeting

January 14, 1985

PRESENT: Michael B. Jandreau, Chairman

Kay Gourneau

William Ziegler (arrived late)

Darrell Middletent

Charles Langdeau (arrived late)

William S. Jandreau

ALSO PRESENT:

(PM Session)

ABSENT: Ted Rouillard

Edwin Miller, BIA Superintendent,

Landmark Hotel Representatives: Al Carriere

V.B. Sibley

Dennis Potter

Gary Keller

Steve Johnson

IHS Representatives: Charles Tonemah

Rueben Baybars

Terence W. Sloan, M.D., IHS Area Director

Dick Archambault, Area Alcoholism Coordinator

George Howe, Service Unit Director

Ted Bolman, Tribal Health Director

Election Hearing: Patrick Spears

Mary Spears

Marion Buck

Noah Grassrope

Annie Flute

Jeff Grassrope

The meeting was called to order by the Chairman at 11:50AM.

was led by Darrell Middletent.

The Lord's Prayer

LANDMARK HOTEL CORPORATION - The gentlemen from the Landmark Hotel Corporation

are here to discuss the potential arrangement be

tween the Lower Brule Sioux Tribe and Landmark Hotel. Mr. Gary Keller informed

the Council that he sees an opportunity to do something worthwhile in Pierre. Mr.

Keller handed out brochures on hotels that Landmark Hotel Corporation operate and

gave a biographical sketch on their operation. Discussed the sales tax referendum

vote that was turned down by the voters of Pierre, South Dakota. Mr. Keller has

prepared a preliminary budget on how this project could operate.

(William Ziegler

arrived at this time.) There's a possibility of locating the proposed cultural

center of the Governor's on the same side as the proposed joint venture of the

Holiday Inn-Holidome Convention Center. The representatives from the Landmark Hotel

Corporation will meet with the Pierre City Commission today in reference to obtain

ing the softball diamond as the proposed site. They have check seven (7) to twelve

(12) different sites in Pierre. Another good site is to place the proposed Conven

tion Center by McDonald's, because of the traffic flow. Chairman Jandreau informed

Mr. Keller that the Tribe would have to take the land into trust status so the Tribe

wouldn't be taxed. There would not be any taxes on the land, but there would be on

the building. Discussed at length was the issues of Industrial Revenue Bonds, taxes

City Corp of Sioux Falls, Governor's Office and the Letter of Credit in reference

to this joint venture. Mr. Keller said he has done a preliminary budget and a pro

forma operating statement. He said the policy is to set a budget and live with it

and if funds are not available, then make budget cuts. Mr. Keller said that Land

mark Hotel Corporation would enter into an agreement with the Lower Brule Sioux

-1-

January 14, 1985

Special Meeting

Tribe and each would own 50% of the property. Mr. Keller proposed a preferenced

return to the Lower Brule Sioux Tribe. He proposed a preferential return to the

Tribe. The first year it would be six percent (6%), second year = eight percent

(8%), third year = ten percent (10%), and twelve percent (12%) thereafter. Dis

cussed debt guarantees, proposed profit share for the Lower Brule Sioux Tribe,

property taxes, and an Activity Center to be used for the city recreation. Fifty

percent of the venture would be a minimum for the Tribe, at the beginning. Land

mark Hotel Corporation also proposed having a Gift Shop in the Center for dis

playing Indian arts and crafts.

(Charles Langdeau arrived at this time.) Land

mark Hotel Corporation would manage the Convention Center on behalf of the owners,

such as the Lower Brule Sioux Tribe. Chairman Jandreau said that the area of

employment is a concern to the Tribe. Chairman Jandreau asked what would be the

potential employment for members of this Tribe, in the Convention Center? Mr.

Keller said it would be their feeling that if a person is equally qualified for

a position, then Indian preference would be used for the selection. Mr. Keller

said any job in the Hotel would be available for tribal members to apply.

The

hotel would employ approximately one hundred (100) people, full and part-time.

They would have to discuss training possibilities at another time. Chairman Jan

dreau said that the initial construction will take a considerable amount of labor

and such.

We have a Construction Company and have an Indian owned Construction

Company on the reservation, and their are others that are qualified. Mr. Keller

said he'd like to get to know more about the Lower Brule Construction Company and

would like to have a resume' sent to him to review. If all goes well and the

UDAG grant application is approved, construction could start in May. Deadline

for the UDAG grant application is January 28, 1985. Rural Ventures has expertise

in putting together UDAG grants. If construction for the Convention Center

started in May, it would finish a year and two months later. Mr. Miller said

we'd need and assure support from the Governor, City Commission and County Com

mission to put the land into trust for non-taxation. Chairman Jandreau said

putting the proposed land site into trust would have to be part of the deal.

Discussed land, taxes and depreciation, law enforcement jurisdiction. Mr. Mil

ler said the Tribe could issue a liquor license if the land goes into trust status.

Discussed avenues of obtaining a liquor license. Mr. Miller said this Tribe

requires both local and State liquor license. No Council action was taken at

this time, for informational purposes only.

RECESS - The Council at 1:05PM recessed for the lunch hour.

vened at 2:05 PM with the same members present.

The meeting recon

INDIAN HEALTH SERVICE - Representatives from the Aberdeen Area Officer were

present to give the Council an update on IHS. Dr.

Sloan has been the IHS Area Director for the past two and a half months (2^).

Dr. Sloan verbally gave his background data. His thought processes around health

care. He informed the Council that infant mortality is the highest in the Aber

deen Area. This year when budget allocations were received, personnel freezes

did not occur. The Pre-authorization Act was not signed by the President. There

are one hundred and thirty (130) doctors in the Indian Health Service with more

than ten (10) years experience and only two (2) in the Aberdeen Area. Dr. Sloan

said the feelings are strong in Congress that the 94-347 Bill will be passed.

He will provide the Tribe with as much data as possible. The government has

asked USD to develop a proposal for Indian health care, to enhance services to

the Indian people. Also, a State Task Force has been appointed. The proposal

is initially for Pine Ridge, Cheyenne River, Rapid City Area and Rosebud Indian

health services. The Governor is sending the proposal to all Tribal Councils

for approval and he'll then submit it to Congress for approval. IHS has not

entered into a contract with Mid-Dakota as of yet. The contract can be either

a one (1) year contract or a three (3) year contract. If the Tribe applies and

is approved for 638 funds, then a contract could be worked on for services with

-2-

January 14, 1985

Special Meeting

the Mid-Dakota hospital. Merlin Stein, AAO, has submitted a draft proposal and

it is being reviewed by three (3) different Agencies. If its approved, then

the Area Office would submit it to Mid-Dakota hospital to begin negotiation ser

vices. Dr. Sloan has guaranteed Crow Creek & Lower Brule Sioux Tribal Councils

that negotiations will not take place without tribal representation. Ted Bolman

suggested that there should be Indian representation on the hospital's Board of

Directors. Discussed at length the contracting possibility and Board of Director's,

eligibility for health services, direct and contract. Mr. Bolman suggested that

maybe legal counsel should sit on the Board of Director's to represent the Tribe

and if possible, IHS pay for the legal services. Dr. Sloan informed the Council

because of his respect for the Tribal Chairmen, all correspondence transmitted

to him must have the Tribal Chairman's signature or his concurrence before he will

even review it. Mr. George Howell has been selected as the Service Unit Director

for Wagner Agency. His last day with Lower Brule and Crow Creek is February 3,

1985. Dr. Sloan would like to have the Tribal Council to interview or review

applications for the SUD's position but Dr. Sloan will make the final selection.

Someone will be Acting SUD when Mr. Howell leaves, until the position is filled,

permanently. Dr. Sloan said the Tribal Council is and will be part of the selec

tion process.

CY MAUS - Mr. Maus is here to present a Draft "Concept Paper", a CenterState Proposal for the South Dakota Centennial Expo. Mr. Maus

is the Chairman of the Chamberlain-Oacoma Museum Expo. This concept is some

thing that different organizations in the area would deem acceptable and would

attract more tourist dollars into the area. With this concept, there would be

up to fifty (50) new jobs in the area. St. Joe's Indian School has been trying

to develop an Indian Museum. Mr. Maus would like to get resolution from the

Council expressing their general support of this concept paper. St. Joe’s and

Dakota Indian Foundation have paid for a feasibility study to be done for this

project. They would need approximately $100,000.00 to hire a staff and this

would become a non-profit organization. Mr. Maus's organization has received

four (4) different site proposals. Mr. Maus said he's here to provide an op

portunity for the Tribe to get involved. He said approximately two million

cars go by Chamberlain each year. Mr. Maus feels the Tribe could benefit by

participating. Motion was made by William Ziegler to review the Concept Paper

and get back with Cy Maus. This motion was seconded by Darrell Middletent and

carried with five for, none opposed, one absent and none not voting.

ELECTION PROTEST HEARING - This hearing was scheduled in reference to the

letter which was received from Patrick Spears

and Winona Long on December 5, 1984, in reference to a protest of the election.

Pat Spears told the Council that two other protests have been signed and filed

by others. These protests were in reference to the 1971 Tribal Council action

taken to abolish the four (4) districts and now all Council Representatives run

at large. The Bureau of Indian Affairs at that time had approved the Council's

action in reference to the districts but a referendum vote by the people was not

held. Mr. Spears mentioned the 1968 Indian Civil Rights Act and suggested the

the Tribe should have a primary election. Mr. Spears said they want a response

on what the Council's position is. Pat S. said he thinks the District subject

wasn't brought up last election because nobody thought to bring it up. Chairman

Jandreau said that three of the signatures on the election protest were part of

the Tribal Council when action was taken for redistricting. No where in the con

stitution does it say that a majority of votes are needed to be elected or to

be seated to the Tribal Council. The Election Board had clarified Winona Long's

questions brought up at a previous meeting in reference to Article III. William

Ziegler brought up about the violation that was made against him in reference

to Winona Long obtaining documents of his past, which was not requested by the

Election Board. A check was done on every Candidate by the Election Board.

-3-

January 14, 1985

Special Meeting

(At the beginning of the Hearing, Pat Spears informed the Council that Winona Long

had called him and said she wouldn't be at the hearing today.) Pat Spears opinion

is that the Constitution says you can obtain documents on people who run for elec

tion and it also says the Council will be the sole Judge. A candidate check was

run on Ted Rouillard and William Ziegler and they were deemed eligible to run for

Council by the Election Board. Mr. Spears thinks our Tribal Constitution should

be amended and addressed, then have an election. There has been a response to Pat

Spears and Winona Long's protest from the Area Office. The Area Office states in

the contents of the letter, "We think Mr. Miller's summary and recommendation should

adequately explain the Bureau's position in this tribal matter. We should not have

to remind you that the Bureau is restricted by the Martinez decision from becoming

involved in tribal issues of this nature. We must, therefore, deny your request

and suggest you pursue your grievance through tribal procedures." Motion was made

by Kay Gourneau to take the information submitted under advisement and get with the

Tribal Attorney for a written response to the allegations. This motion was seconded

by William Jandreau and carried with five for, none opposed, one absent and none

not voting. Mr. Miller feels that under the present Tribal Constitution there's

no violation. He hopes that in the future there will be a separation of powers by

Constitutional amendment, as presented in the President's report.

RECESS - The Council took a recess at this time.

the meeting.

Chairman Jandreau reconvened

WATER RATES - There is a need to approve and set a rate for the Bureau of Indian

Affairs contract for water and refuse collection. The old rate

was established at $475.00 per month. Mr. Miller would like to have the Council

set a new rate for the Community and Bureau of Indian Affairs because of the main

tenance cost of the water and refuse facilities. Motion was made by William Zie

gler to set the water, sewer and garbage rate for the Community to $9.00 per month,

and this will become effective February 1, 1985 and set the Bureau of Indian Af

fairs water and sewer rate at $550.00 per month, retroactive to October 1, 1984

and the BIA contract be for a period of two (2) fiscal years. The raise of the

water, sewer and garbage rate is necessary to meet the cost of facilities. This

motion was seconded by Darrell Middletent and carried with five for, none opposed,

one absent and none not voting.

GRASSROPE PROJECT - A letter was received from Superintendent Miller in refer

ence to allotment number 1632 in the amount of $210,000.00.

Mr. Miller requested the Tribe to submit a plan for this money and he suggested

it be used to purchase five (5) pivot systems remaining, etc. for the Grassrope

Project. Motion was made by Kay Gourneau to authorize and direct the Chairman

of the Lower Brule Sioux Tribe to submit the plan for the expansion of the Grass

rope Irrigation Project as requested by the Superintendent, Lower Brule Agency.

This motion was seconded by William Ziegler and carried with five for, none opposed,

one absent and none not voting.

RURAL VENTURES - Mr. Bill Hallett appeared before the Council in reference to

his services to the Tribe for a UDAG grant proposal to be written. Dis

cussed the proposal presented this morning by Landmark Hotel Corporation for a

joint venture project in the Pierre area. A couple resources that are available

to the Tribe to become a partner in the proposed project are a large UDAG grant

and a small UDAG grant. The applications submission dates are January 31, 1985,

May 31, 1985 and September 30, 1985. In addition to the threshold requirements

already met, there are eleven (11) different items that need to be submitted.

There is a need to execute form 424, parts 1 and 2, the site identification, evi

dence of control of the site, letter of intent from a private sector, letter of

intent from the private financial institution, justification for the UDAG program,

market feasibility, financial statement included in the balance statement, evi-

-4-

January 14, 1985

Special Meeting

(#8. Bill Hallett Cont'd.) - dence of two (2) public hearings, and a permanent

job projection. They emphasize concise statements.

There may have to be specific dates assigned for an Environmental Assessment. Mr.

Hallett doesn't feel the Environmental Assessment needs to be completed before

the application goes in. There is a leveraging ratio of 2.5 for every UDAG dollar.

In addition to UDAG resources there is a level of participation that could be

affected by tribal monies such as cable television owners, BIA Direct Loan Pro

gram, BIA Guaranteed Loan Program, Economic Development Grant and the CDBG Pro

gram Grant. Under the UDAG Program, its possible to join in a development adja

cent to the reservation but the Tribe would have to have a lease with the State

or option, sale of State land to the Tribe, sale of fee patent, lease of federal

land or the use of leased Indian owned land on or near Pierre. Mr. Hallett wants

to work with the Tribe in development of the UDAG application, but he's not sure he

can complete it by January 31, 1985 but he's sure he can complete an application

for the May 31, 1985 deadline.

Incentives for government units to exclude local

taxes from given zones and industries are developed as part of a program. The

Land Acquisition Act is such that you have some approval to purchase land adja

cent to the reservation and put it into trust. Mr. Hallett listed Tribes who

have filed applications for UDAG funds. He said if you have seventy-five percent

(75Z) of the application completed, then you can submit a supplement during the

review period. You would have through February 20, 1985 to submit the supplement

information you have, if not then, you suffer the rating. Under the Small Com

mittee Program you are eligible for planning up to three percent (3£) of the action

grant amount. If the Tribe chose to employ Mr. Hallett, it would be on a con

tingency fee. If Mr. Hallett was hired to prepare the UDAG application, he would

bring in Mike Hackett to gather the local information. Motion was made by Charles

Langdeau to have Bill Hallett start on the UDAG Application process, on the con

dition that the land status for the proposed project is cleared for trust status.

This motion was seconded by William Ziegler and carried with five for, none op

posed, one absent and none not voting.

EDA PLANNING GRANT AUDIT - Ron Tedrow, Certified Public Accountant, Pierre,

South Dakota has submitted a proposal to do a

two (2) year audit for the EDA Planning Grant. Motion was made by Kay Gourneau

to hire Ron Tedrow to prepare the EDA Planning Grant for the fiscal years ending

April 30, 1983 and 1984. This motion was seconded by Charles Langdeau and carried

with five for, none opposed, one absent and none not voting.

10. TRIBAL COURT SYSTEM - James L. losty submitted his resignation on December

14, 1984 from the position of Tribal Chief Judge. The

Council concurred to accept his resignation. His resignation is effective as

of February 1, 1985. A letter of request was received from Shirley Flute, Assoc

iate Judge, in reference to a raise in salary. Motion was made by William Zie

gler to advertise the Chief Judge's position for a period of two (2) weeks and

the closing date would be February 6, 1985 and to receive a written recommendation

from the Agency Superintendent for compliance to the Judicial Contract in refer

ence to Shirley Flute's request. Also, the job announcement for the Chief Judge's

position would include that the applicant must have a law degree. This motion was

seconded by Charles Langdeau and carried with five for, none opposed, one absent

and none not voting.

11. CROSS DEPUTIZATION OF LOWER BRULE POLICE OFFICERS - A letter was received

from Shirley Flute,

Tribal Court Judge in reference to Cross Deputization of Lower Brule Police Offi

cers. The Council concurred to submit this document to the Tribe's Attorney

for advisement.

-5-

January 14, 1985

Special Meeting

12. SUPPORT FOR GRANT APPLICATION FOR REFUNDING CHILD PROTECTION PROGRAM FY-85

Motion was made by William Ziegler to adopt the draft resolution in Support

for the Grant Application for Refunding Child Protection Program FY-85.

This motion was seconded by Kay Gourneau and carried with five for, none

opposed, one absent and none not voting.

ADJOURNMENT - Motion was made by Kay Gourneau to adjourn the meeting. This

motion was seconded by William S. Jandreau and carried with

five for, none opposed, one absent and none not voting.

CERTIFICATION

The foregoing is a true and correct transcript of Minutes of a Special Meeting

held by the Lower Brule Sioux Tribal Council on the 14th day of January, 1985.

Cheryll LaRoche, Recording Secretary

-6-

LOWER BRULE SIOUX TRIBAL COUNCIL

REGULAR MEETING

October 2 & 3, 1985

PRESENT: Michael B. Jandreau, Chairman

Kay Gourneau

William Ziegler

Ted Rouillard

Charles Langdeau

Darrell Middletent

William S. Jandreau

ABSENT: None

ALSO PRESENT: William Schmidt, Superintendent of Schools

Gib Rogers, High School Counselor

Edwin L. Miller, Agency Superintendent

Arnold Sazue, Inmed Advisory Board Member

The meeting was called to order at 10:20 AM by Chairman Michael B. Jandreau.

Roll call was taken by the Recording Secretary and the Lord's Prayer was

led by Chaplain Langdeau.

1. LOWER BRULE SCHOOL SYSTEM - Mr. William Schmidt, Superintendent of Schools

presented an Application For Bureau Of Indian Affairs School Construction

for review and approval of the Tribal Council.

The application is to request

construction of six (6) additional classrooms for the Elementary School.

Because of the channels which this application must pass through, funding,

etc. the actual construction could take five (5) or six (6) years, provided

this application is approved.

The classrooms are needed for the present

and future classes.

Motion was made by William Ziegler to approve submission

of the application for request of six (6) additional classrooms to the

Elementary School. This motion was seconded by William S. Jandreau and carried

with six for, none opposed, none absent and none not voting.

2. EDUCATIONAL GRANT APPLICATIONS - Mr. Gib Rogers, High School Counselor

has screened all the applications for Educational Grant Assistance from the

Tribe.

Mr. Rogers informed the Council that approximately two or three more

applications may be coming in late, that haven't already been submitted.

The Council reviewed the second list of applications which Mr. Rogers screened.

In reference to BIA Assistance Applications, Mr. Rogers hasn't received one

from Cheryl Bad Horse or Bobbi Langdeau Jacobs.

William S. Jandreau is

concerned that not only educational assistance dollars are needed but also

moving expenses for students.

There is approximately $4,268.00 in the bingo

account to be used for educational grant assistance to higher educational

students.

The Tribe has obligated an amount of $2,361.07 of unobligated

IMPL funds for educational assistance but these funds

can't be released until

approval of the resolution transmitted to the BIA is approved by the Secretary

of Interior, Washington, D.C.

Motion was made by William Ziegler to approve

educational grant assistance in the amount of $200.00 each, to the fifteen

(15) eligible students.

This motion died for lack of a second.

Motion was

made by William S. Jandreau to allow educational grant assistance in the

amount of $250.00 each to the fifteen (15) eligible students.

This motion

was seconded by Ted Rouillard and carried wi th six for, none opposed, none

absent and none not voting.

The eligible students, as of this date, are

Maria Patterson, Theodore McCauley, James McCauley, John McCauley, Boyd

Gourneau, Ben Janis, Carla Brugh, Pearl Colombe, Bobbie Langdeau Jacobs,

-1-

Cheryl Bad: Horse, Truman Grooms, Rosi ta

G. Grassrope, and Anita Rae Grassrope.

Goodface

Gary,

Tara

Harres,

Justin

( t l . Lower Brule School System Cont'd.) - Mr. William Schmidt presented an

Action Plan to Develop a Program to Prevent and Reduce Alcohol/Drug Abuse

and Other Disruptive Behavior from the School Team for Tribal Council review

and support.

Mr. Schmidt said he would like to incl ude Mr. Gregg Miller,

Alcoholism Program Director on the School Team for this project.

This Plan

still has to be presented to the Crow Creek Sioux Tribal Council.

Mr. Rogers

requested a letter of support for this Plan.

He estimates that approximately

twenty-five percent (25%) drop outs are possibly due to drug and alcohol

abuse.

For Communi ty involvement, the School Team asks the Tribal Council

to review the substance abuse laws and update, if needed.

One (1) of ·the

school Teachers has started the Alateen group meeting on Wednesday nights.

William S. Jandreau reported the discussion held at the Constitutional Review

Commi ttee meeting on October 1, 1985 regarding the alcohol issue.

Motion

was made by Kay Gourneau to adopt a letter of support of the School Team's

Action Plan.

This motion was seconded by William S. Jandreau and carried

with six for, none opposed, none absent and none not voting.

3. CURFEW - During the Regular Meeting of the Tribal Council on September

18, 1985 they took action to amend the Law and Order Code, Section 1-3-86

Curfew Violation to state the curfew time will be 10:00 PM local time, seven

(7) days a week.

The Tribal Council requested the above curfew law be enforced

in full by the Police Department.

Clarification is needed on whether the

Tribal Council wishes to leave the age limit to state "under the age of 18 ... "

or change the age limit.

The Tribal Council concurred to leave the age limit

as stated in the Code.

Discussion was held in regards to the kids running

in and out of the tribal gym during bingo sessions and they are not being

supervised by parents.

The fire siren used to blow at curfew times and Mr.

Miller will check into the possibli ty of getting the siren fixed in order

to identify the new curfew time.

4. TRAINING SCHEDULES - The following training schedules may be of interest

to the Council Members but they need prior authorization for anyone to attend.

Policies & Progress in Reservation Development on October 29-31, 1985 in

Denver, Colorado; OMB Circulars A-87 & A-I02 & The Single Audit Act of 1984

on October 29-31, 1985 in Las Vegas, Nevada; Competition in Government

Contracting on November 4-6, 1985 in Washington, D.C.; Computers on November

4-6, 1985 in Washington, D.C.; Economic Development on November 12-14, 1985

in Las Vegas, Nevada; Contract & Grant Administration on November 12-14,

1985 in Anchorage, Alaska; Basic Bookkeeping & Payroll Tax on November 19-21,

1985 in Phoenix, Arizona; Procurement For Engineers, Scientists & Project

Managers on November 20-21, 1985 in Washington, D.C.; Tribal Council on

December 3-5, 1985 in Las Vegas, Nevada; Operating Practices in Contract

Administration on December 3-5, 1985 in Washington, D.C.; Secretarial Seminar

on December 3-5, 1985 in Phoenix, Arizona; and the Legislative Upate & the

Law Making Process on October 29-31, 1985 in Reno, Nevada.

Motion was made

by William Ziegler to authorize travel for any Tribal Council Member who

wishes to attend the training seminars.

This motion was seconded by Darrell

Middletent and carried with five for, none opposed, one absent and none not

voting.

DRAFT

when the

would be

that Mr.

CONTRACT Chairman Jandreau stated that he understood

Tribal Council hired Mr. Stan Whi ting as Chief Judge, Mr. Whi ting

paid under the Judicial Contract.

Chairman Jandreau became aware

Earl Azure, Aberdeen Area Office, visited the Lower Brule Agency

EMPLOYMENT

and through efforts, moni tored the Judicial Contract, but failed to contact

anyone in the Tribal Administration.

After this monitoring visit, Mr. Azure

then developed an Employment Contract between Stan Whi ting and the Tribe.

-2-

Chairman Jandreau was unaware of this transaction until such time that a

letter dated September 25, 1985, with attachments, was received from Edwin

L. Miller, Superintendent.

Chairman Jandreau requested Mr. Miller to inform

the Council why they were not involved in any monitoring of this contract.

Mr. Miller stated that he didn't know.

Mr. Miller informed the Council that

a quarterly review is. done on that contract and that the Chairman should

have been notified by the Agency and they goofed.

Ted Rouillard feels we

should wri te a letter to the Aberdeen Area Director that they should show

the Tribe some courtesy.

Chairman Jandreau requested the Tribal Council

to table any action on this matter until such time that Stan Whi ting can

be available to meet wi th the Tribal Council on this matter.

Motion was

made by William Ziegler to approve Chairman Jandreau's request regarding

the Draft Employment Contract wi th Stan Whi ting.

This motion was seconded

by Charles Langdeau and carried wi th six for, none opposed, none absent and

none not voting.

6. LEASE 122-003-8387 - A letter dated September 23, 1985 was received from

J.W. Thompson requesting the Tribal Council to authorize the Bureau of Indian

Affairs to place the land covered by Lease #22-003-8387 in his range unit.

Mr. Thompson stated in his letter that unless this is made a part of his

grazing unit this land is of no value to him.

The tribal land is described

as the NW~ of Section 36, Township 107 North, Range 74 West containing 160.00

acres, of which 86.80 had been farmland.

Mr. Thompson stated in his letter

that nothing has grown on the farm ground to anyone's satisfaction so he

planted it to grass and some alfalfa as prescribed by the Bureau of Indian

Affairs.

He has a letter from the BIA -stating that there is now a successful

stand established.

Chairman Jandreau stated that he recalls Mr. Thompson

initially wanted this piece of ground in a lease and now he wants it in his

range unit.

Superintendent Miller stated that it would be a reduction of

income to the Tribe if the Tribal Council reverted it back.

Motion was made

by Kay Gournea u to deny J. W. Thompson's reque st beca use the Tribe would be

losing funds if the lease was converted to his Range Unit, and if he chose

not to continue leasing this land, please advise our office of release so

that it may be advertised for lease to someone else.

This motion was seconded

by Charles Langdeau and carried with six for, none opposed, none absent and

none not voting.

7. TRAVEL - GENERAL FUND - Kay Gourneau stated that several months ago the

Tribal Council had taken action to not request travel receipts for travel

taken out of the General Fund and now Individuals have received requests

for receipts.

Mrs. Gourneau read the excerpt from the Minutes which the

Council had taken action previously on travel.

Discussion was held regarding

travel taken out of contracts do require receipts, per diem, mileage, cost

of meals, etc.

Motion was made by Kay Gourneau to notify the Finance Staff

that on all travel taken out of the General Fund, authorized by the Tribal

Council, will not require receipts for travel expendi tures , retroactive to

April 1, 1985.

This motion was seconded by Ted Rouillard and carried with

six for, none opposed, none absent and none not voting.

Discussion was held

regarding the mileage received by William Ziegler and William S. Jandreau.

RECESS

The meeting recessed for the noon hour and to reconvene at 1: 00

PM.

The meeting reconvened at 1:15 PM with the same Tribal Council

Members present and none absent.

BINGO SUPERVISOR - Ted Rouillard informed the Tribal Council that there

is a need to appoint someone as Bingo Supervisor to keep track of the payments

and reports.

Discussion was held regarding kids disturbing the bingo players

and the kids are not being supervised by the Parents.

Mr. Rouillard feels

that the Bingo Organizations have responsibility of the rules for their bingo

night.

Some kids use· the cafe being open as an excuse.

Motion was made

-3-

by Ted Rouillard to appoint Darrell Middletent as the Bingo Supervisor and

Mr. Middletent will be notified of his responsibilities.

This motion was

seconded by Charles Langdeau and carried wi th six for, none opposed, none

absent and none not voting.

William Ziegler presented a verbal request for

Mr. Tony LaRoche, Jr. to receive approval for one ( I) night to hold bingo.

The Council concurred to notify Mr. LaRoche in writing, advising him to contact

Darrell Middletent in reference to his bingo request.

9. ESTABLISH A LOTTERY - Chairman Jandreau asked the Tribal Council if they

would be interested in establishing a lottery.

He informed the Council that

a gentleman from Sioux Falls who works inconjunction with our Insurance

Representative has shown interest in assisting the Tribe in developing a

State lottery, if the Tribal Council approves.

However, Chairman Jandreau

feels that the State Legislature might develop a State lottery with an

adjoining State, if Legislature passes the Bill, but this won't be in effect

until next year.

The gentleman would meet with the Tribal Council to discuss

this issue, if they so choose.

Charles Langdeau stated that he would be

interested.

William Ziegler would like to receive more information before

the Tribal Council meets with him.

The gentleman's fee would be approximately

twenty-five percent (25%) of the income for arranging the set up and this

price would continue as long as the lottery exists.

The gentleman is a

bookmaker wi th all the major betting establishments in the Uni ted States.

Darrell Middletent feels it should be checked into. Motion was made by William

Ziegler to authorize the Chairman to make ini tial contact wi th him to set

a meeting to establish a lottery here on the reservation.

This motion was

seconded by Darrell Middletent and carried wi th six for, none opposed, none

absent and none not voting.

10. HOMESITE REQUEST - A letter dated September 26, 1985 was received from

Bernadette B. King requesting to trade her homesi te for the land where she

is presently living.

Discussion was held regarding status of the present

residence which Ms. King is occupying, is going through a court process to

determine legal ownership.

Chairman Jandreau requests this matter be tabled

until such time that the determination of the land status is made by the

Court System.

Motion was made by William S. Jandreau to approve Chairman

Jandreau's request regarding the matter of Bernadette B. King's homesi te.

This motion was seconded by Kay Gourneau and carried wi th six for, none

opposed, none absent and none not voting.

11. TRIBAL TREASURY - Chairman Jandreau informed the Tribal Council that

there is approximately $66,000.00 in the Tribal Treasury for the FY'86 General

Fund budget.

There is a need to request a draw down of $30,000.00 for

operating expenses during the month of October and identify the remaining

$33,000.00 be placed into savings to draw interest. Chairman Jandreau would

inform the Bureau of Indian Affairs to place the savings for a period of

thirty (30) days.

No action was taken at this time.

12. TRIBAL POSITIONS - The positions of Alcoholism Counselor Trainee, Part-Time

Cook/House Keeper and Tribal Operations Manager have been advertised for

applications.

Patti

Moore,

Human

Resources

Coodinator,

Gregg

Miller,

Alcoholism Program Director and the Alcoholism Commission recommended that

Orville Langdeau, Sr. be selected as the Alcoholism Counselor Trainee and

Elva Crazy Bull be selected as the Part-Time Cook/House Keeper.

Motion was

made by William Ziegler to go along wi th the recommendations for selection

of the Alcoholism Counselor Trainee and Part~Time Cook/House Keeper positions.

This motion was seconded by Ted Rouillard and carried wi th six for, none

opposed, none absent and none not voting.

In 'reference to the Tribal

Operations Manager posi tion, Chairman Jandreau spoke wi th Larry Mendoza who

is presently acting in this position if he would consider staying in that

posi tion at the same salary he is presently recei ving and Mr. Mendoza told

-4-

Chairman Jandreau that he would.

There would be a considerable amount of

savings of salary if the Tribal Council chose Mr. Mendoza rather than selecting

another person to fill this posi tion.

Motion was made by Ted Rouillard to

select Larry Mendoza as the Tribe's Operations Manager on a permanent status.

This motion was seconded by William S. Jandreau and carried wi th six for,

none opposed, none absent and none not voting. Motion was made by Kay Gourneau

to advertise the EDA Planner .posi tion for a period of thirty (30) days.

This motion was seconded by Darrell Middletent and carried wi th six for,

none opposed, none absent and none not voting.

13. JTPA PROGRAM - The Tribal Council received a program report from Eyvonne

Dupris, JTPA Director regarding basic information of the present program

status and the report reflects some changes that have to be made down the

line to keep the participants on the program.

No action taken, informational

purposes only.

14. TRIBAL BUDGET - Chairman Jandreau stated there is a need to make decisions

on priorities to get the Tribe out of debt.

Through Tom Hanke, Farm Manager,

income from the Farm Corporation may only reach $60,000.00. Chairman Jandreau

said Mr. Hanke feels wi th the current project, that's the maximum he can

project for the Tribe.

Chairman Jandreau reported there is approximately

$40,000.00 of interest dollars from the investments including leases and

when that matures, the dollars will be available for the Tribe's land payment.

He said there is a ·need for the Tribal Council to seek more funds for the

General Fund budget.

He said the Tribe is e~periencing not enough contracts

being generated and the dollars are being spent back for the Indirect Cost

Pool to function.

The Staff and Council Members' salaries have to be taken

out one hundred percent (100%) of the General Fund and the Indirect Cost

Pool owes the General Fund an excess of $40,000.00.

Chairman Jandreau feels

the Tribe will face this again next year because the contracts are not up

as they should be.

Chairman Jandreau feels that one of the reasons for this

happening is that Howard Green, previous Operations Manager, was not fulfilling

his responsibilities to the Tribe in reference to contracts. Chairman Jandreau

feels that in order to survive and pay the debts in this fiscal year, then

reduce, diminish, or do away with Tribal Council Member' salaries.

Chairman

Jandreau said he doesn't see how the Tribe will survive otherwise. He informed

the Council that he put out a Memorandum stating that no raises will be given

from the Indirect Cost Pool or General Fund until we know where the Tribe

stands. Chairman Jandreau stated that he realizes some of the Council Members

will have a hard time surviving without this salary, that it will be real

tough.

Chairman Jandreau told the Council that he doesn't know what else

the Tribe can do.

He repeated that he's talking about the whole fiscal year,

as for reduction of Council Members' salaries.

He informed the Council that

the bank notes are due to Tri-County State Bank in Chamberlain and Bank West

in Pierre.

Chairman Jandreau feels the Tribe will suffer a tremendous

credibili ty blemish if we do not meet payments of the debts that the Tribe

has.

Chai.rman Jandreau informed the Council of the federal payments that

are being made by the Tribe, up to date.

Chairman Jandreau said if we would

have had the Indirect Cost, we could have had $40,000.00 to pay back those

loans but nobody was dealing wi th carryover dollars in the contracts and

we lost those funds.

Chairman Jandreau reviewed the cost of salaries, bank

notes, federal program payments, and computer system payments.

Chairman

Jandreau said that one hundred percent (100%) cut in Tribal Council Members'

salaries is the only way that he sees the Tribe to pay the debts we have.

Discussion was held regarding the IBM Computer System.

The Tribe lost

$12,000.00 with the Roads Maintenance Contract because it wasn't processed.

Chairman Jandreau said some of the contracts weren't processed until July

and they ended in September so the Tribe lost some indirect ·cost monies.

The indirect cost rate is 19.4%.

We have lost five percent (5%-) of the

indirect cost.

The bank notes are costing the Tribe

-5-

13-3/4% interest and the bank note from last year was locked in at 16%.

Kay Gourneau said if that's the only way to do it, then go ahead and cut

the salaries.

Discussion was held regarding some employees under the Indirect

Cost Pool are not producing in comparison to their salaries.

The Indirect

Cost Pool reflects fifty percent (50%) of the Council Members time spent

working on contracts and grants and they're not doing this, Chairman Jandreau

feels.

William S. Jandreau stated that he's willing to do anything he can

to cut costs.

Ted Rouillard stated he's willing to take a fifty percent

(50%) cut in salary. No action was taken at this time.

15. ROAD MEETING - A meeting wi th the State Representatives, Stanley County

Commissioners,

Bureau of

Indian Affairs Representatives and the Tribal

Representatives regarding the road west of Lower Brule has been scheduled

for October 25, 1985 at the Stanley County Courthouse in Fort Pierre.

Motion

was made by Ted Rouillard to authorize travel for any Council Member who

wishes to attend the Road Meeting.

This motion was seconded by William Ziegler

and carried with five for, none opposed, one absent and none not voting.

RECESS -

The meeting recessed at 2:40 PM and will reconvene tomorrow, October

3, 1985 at 10:00 AM.

The meeting reconved on 10/03/85 at 11:00

AM wi th the same Council Members present and William S . Jandreau

being absent.

16. INNED PROGRAM - Mr. Arnold Sazue, Inmed Advisory Board Member entered

the meeting and presented a written report of his INMED Advisory Board meeting

which took place in September at Bismarck, North Dakota.

He informed the

Tribal Council that the Board requests a - resolution of support to change

the Board name to the "Board of Directors" and contract the Director's position

with UTETC.

If this position is contracted then the Board could lobby for

more dollars into the program.

The Program Bylaws will, if approved, state

the Board name change.

The INMED Secretary will be Acting as Program Director

until such time that someone is selected on a permanent basis.

The selection

will not be made until after the position is contracted.

Mr. Sazue reported

that the applicants have high degrees and good credentials and all applicants

were interviewed.

The lapsed money from the Director's salary will be used

for' travel to the Board meetings.

The Indian Heal th Service has agreed to

help the Advisory Board wi th $22,000 of Technical Assistance funds.

Motion

was made by Darrell Middletent to support the name change of the INMED Advisory

Board to the "Board of Directors" and support the posi tion of INMED Director

to be contracted through the United Tribes Educational technical Center

(UTETC).

This motion was seconded by Charles Langdeau and carried with five

for, none opposed, one absent and none not voting.

Mr. Sazue reported that

the Program has classes in the Summertime and there isn't a cost to the

students provided they keep their cri teria up and recei ve good grades.

Mr.

Sazue

reported

that

Lorenda

Middletent

has

gone

through

this

program

for

two (2) summers and is now attending a school for nursing.

If a student

attends UTETC then the INMED Program pays the expenses.

The Director's

position is currently being paid from Indian Health Service, Aberdeen Area

Office.

17. TRIBAL COUNCIL MINUTES - Motion was made by Kay Gourneau to approve the

Tribal Council Minutes for September 18 & 19, 1985.

This motion was seconded

by Darrell Middletent and carried with five for, none opposed, one absent

and none not voting.

(ill. Tribal Treasury Cant'd.) - Chairman Jandreau informed the Tribal Council

that Joyce Estes , Administrative Officer, Lower Brule Agency said th~ Tribe

needs to pass a resolution for the draw down request and the investments.

Motion was made by Charles Langdeau to pass a resolution for such draw down.

This motion died for lack of a second.

-6-

(t 9. Lottery Cont 'd.) - Chairman Jandreau informed the Tribal Council that

he was unable to reach Mr. Bob Kelly, Insurance Representative and the

gentleman interested ·.in establishing a lottery.

He asked the Council if

they wish to take any action regarding continuing or reduction of Tribal

Council Members salary and payment of the two (2) outstanding notes which

are past due at Tri-County State Bank and Bank West.

William Ziegler said

he would contact the Banks involved and discuss a repayment schedule for

the notes, if this is ok with the Council.

Chairman Jandreau requested that

it be entered into the record that at this time the Tribal Council does not

wish to do anything with the debts but possibily a repayment plan ·for the

two (2) bank notes and continue Tribal Council salaries at the same rate.

18. GERALDINE· ESTES - A request has been submi tted by Geraldine Estes for

a loan against her pending land sale wi th the Tribe.

At the last Tribal

Council meeting, the Council authorized Chairman Jandreau to seek funds for

purchase of the pending Land Sales,

(Bad Horse Applications).

Chairman

Jandreau did contact the American State Bank in Pierre, South Dakota but

before the Bank gives their approval, they wish a repayment capabili ty be

developed wi th them that will assure they will not lose dollars, and this

be done in a business like and appropriate manner, and then they'd consider

loaning the dollars for the land acquisition.

He did not contact the Farmers

Home Administration because they've had Indian requests for monies in the

amount of $2~ million for two (2) months and the requests are still not

approved.

Motion was made by Charles Langdeau to table any decision on this

matter until such time that fund~ aie located for such purchase.

This motion

was seconded by Darrell Middletent and carried with five for, none opposed,

one absent and none not voting.

19. HOME ASSIGNMENT

Fri tz LaRoche has submi tted a request for a Home

Assignment

containing

five

(5)

acres

described

the

NW~NW~NE~SW~,

NE~NE~NW~SW~ of Section 19, Township 107 North, Range 73 West, Fifth Principal

Meridian, Lyman County, South Dakota.

Motion was made by Kay Gourneau to

approve Fri tz LaRoche's request for a five (5) acre Home Assignment on the

above described tribal land.

This motion was seconded by Charles Langdeau

and carried with five for, none opposed, one absent and none not voting.

20. LIQUOR LICENSE ISSUE - In reference to the Constitutional Review Committee

meeting regarding the issues of Constitutional revisions and a liquor license

on the reservation.

The Commi ttee will be requesting for a referendum vote

to be called by the Secretary of Interior and that the Bureau of Indian Affairs

be requested to conduct the vote.

The Committee will need a resolution

requesting the referendum vote for this issue but at the present time, they're

not ready.

The Commi ttee does request a referendum vote be held regarding

the liquor license sale and it be held in thirty (30) days.

The Commi ttee

report was given by William S. Jandreau and William Ziegler.

Motion was

made by Kay Gourneau to request a Referendum Vote to the people of Lower

Brule, South Dakota regarding the use of liquor on the Lower Brule Sioux

Indian Reservation be conducted and request the Bureau of Indian Affairs

to conduct such Referendum Vote wi thin thirty (30) days.

This motion was

seconded by William Ziegler and carried with five for; none opposed, one

absent and none not voting.

21. CDBG PROGRAM - Motion was made by Ted Rouillard to identify the next

Tribal Council meeting as the Citizens Participation Meeting as required

by HUD, for the CDBG Program.

This motion was seconded by Kay Gourneau and

carried with five for, none opposed, one absent and none not voting.

(, 9. Lottery Cont'd.)

dollars being needed to

Discussion was held regarding the possibility of

start up the lottery such as printing costs.

Ted

-7-

Rouillard informed the Council that if they wish, he would write this item

into the next CDBG Grant Application and the funds could be used for start

up costs.

He said Flandreau used their CDBG funds for start up costs for

the bingo they have but it was incl uded in their overall plan.

Chairman

Jandreau informed the Tribal Council that other individuals could meet with

them regarding a lottery but it wouldn't be right now.

The Tribal Council

concurred they would meet with Individuals as soon as possible.

(tIl. Tribal Treasury Cant'd.)

The Council needs to pass a resolution

requesting the draw down for operating costs from the Tribal Treasury. Motion

was made by William Ziegler request withdrawal of $30,000.00 from the Tribal

Trust Funds on deposit in the u.s. Treasury and invest the remaining $33,000.00

for a period of thirty (30) days.

This motion was seconded by Darrell

Middletent and carried wi th four for, none opposed, two absent and none not

voting.

ADJOURNMENT - with no further business, Chairman Jandreau entertained a motion

to adjourn.

Motion was made by Ted Rouillard to adjourn the

meeting.

This motion was seconded by Darrell Middletent and

carried with four for, none opposed, two absent and none not

voting.

CERTIFICATION

The foregoing is a true and correct transcript of Minutes of a Regular Meeting

held by the Lower Brule Sioux Tribal Council on the 2nd and 3rd days of

October, 1985.

Cheryll LaRoche, Recording Secretary

-8-

LOWER BRULE SIOUX TRIBAL COUNCIL

SPECIAL MEETING

October 18, 1985

PRESENT: Michael B. Jandreau, Chairman

Kay Gourneau

Charles Langdeau

Ted Rouillard

William S. Jandreau

ABSENT: William Ziegler

Darrell Middletent

ALSO PRESENT: Marvin Gardner, Universal Consulting Company, Inc.

Harvey Greenwald,"

Clarence Skye, United Sioux Tribes

George Valentine, Capitol Enterprises, Inc.

The meeting was called to order by Chairman Jandreau at 11:15 AM.

Roll call

was taken by the Recording Secretary and the Lord's Prayer was led by Chaplain

Langdeau.

1. GAMING ORDINANCE - The Tribal Council reviewed a draft Gaming Ordinance

which could be adopted to regulate gaming activities on the Lower Brule Sioux

Indian Reservation and on lands owned by or under the control of the Tribe

and to establish licensing, and compliance regulations and to establish a

Tribal Gaming Commission.

The, gambling and gaming policy could be used to

obtain further education for tribal members, along with providing such health,

nutrition, housing and law enforcement benefits as deemed appropriate.

Motion

was made by Ted Rouillard to establish a Gaming Ordinance to regulate the

gaming operations on the Lower Brule Sioux Indian Reservation with a five

(5) mem,ber commission and establish a five (5) member commission appointed

by the Tribal Council wi th staggered terms of 5-3-2 years, to enforce the

Gaming Ordinance.

This motion was seconded by Charles Langdeau and carried

with four for, none opposed, two absent and none not voting.

2. EDUCATIONAL & CHARITABLE FUND, INC. - The Tribal Council finds that it

is in the best interests of the Tribe, in terms of operating certain programs

wi th utmost efficiency and expertise.

To charter a separate corporate arm

of general welfare of members of the Tribe and to acquire, by such lawful

means it finds practicable, funds for the operation of Tribal educational

and charitable programs.

Motion was made by Charles Langdeau that a political

body and incorporators of the Lower Brule Sioux Tribe be and hereby is

chartered under the corporate name of Lower Brule Educational and Charitable

Fund Inc., which shall be non-prof it (hereinafter called the .. Fund" ) .

The

enti ty shall have tribal property as may be identified for use in carrying

out corporate operations.

The Fund shall have the powers described in the

Charter which follows and the Tribal Council shall be the Board of Directors

for the Lower Brule Educational Charitable Fund Inc.

This motion was seconded

by William S. Jandreau and carried with four for, none opposed, two absent

and none not voting.

3. CORPORATE CHARTER - The Tribal Council reviewed a draft Corporate Charter

of the Lower Brule Educational and Chari table Fund, Inc. The location of

the Fund's principal office shall be in the Tribal Office on the Lower Brule

Sioux Indian Reservation.

The Fund shall have perpetual succession and

corporate powers, subject to any applicable restriction in federal or tribal

-1-

law.

The ini tial members of the Board of Directors are Darrell Middletent

(2 yr. term), William Ziegler (3 yr. term), William S. Jandreau (4 yr. term),

Charles Langdeau (5 yr. term), Ted Rouillard (6 yr. term), Kay Gourneau (6

yr. term), and Michael B. Jandreau (6 yr. term).o

The Board of Directors

shall at its first meeting adopt By-laws, which shall be available as a matter

of public record, to govern the conduct of business, including times and

places of meetings, voting and record keeping and may select from its

membership such other officers, including a Secretary and Treasurer, as may

be deemed necessary.

Motion was made by Ted Rouillard to create and authorize

the appointment of seven ( 7 ) members in staggered terms to the Lower Brule

Educational & Chari table Fund Inc. and ratified.

The Fund is authorized

to enter into negotiations and execute consul ting agreements wi th Universal

Consulting Company, Inc.

This motion was seconded by Kay Gourneau and carried

with four for, none opposed, none absent and none not voting.

4. DECLARATION OF AGREEMENT - The Tribe finds it in the best of interest

to pursue developing its gaming operations and wishes to enact such ordinances,

execute such documents and do all things necessary to develop its gaming

operation.

Motion was made by Ted Rouillard that the Poli tical Body and

incorporators of the Lower Brule Sioux Tribe be and hereby is authorized

to execute the Memorandum of Agreement between the Lower Brule Sioux Tribe,

Lower Brule Educational Charitable Fund Inc. and Universal Consulting Company

Inc.

This motion was seconded by William S. Jandreau and carried with four

for, none opposed, two absent and none not voting.

5. MEMORANDUM OF AGREEMENT - Motion was made by Ted Rouillard to enter into

a Memorandum of Agreement effective today between the Lower Brule Sioux Tribe,

Lower Brule Educational & Charitable Fund, Inc. and Universal Consulting

Company, Inc.

This motion was seconded by Charles Langdeau and carried wi th

four for, none opposed, two absent and none not voting.

6. CONSULTING AGREEMENT

Motion was made by Ted Rouillard to adopt the

Consul ting Agreement effective today between the Lower Brule Sioux Tribe,

Lower Brule Educational & Charitable Fund, Inc. and the Universal Consulting

Company, Inc. and to allow Attorneys from both Organizations to review and

make any changes as long as its wi thin accordance to the State and Federal

laws.

This motion was seconded by Charles Langdeau and carried wi th four

for, none opposed, two absent and none not voting.

ADJOURNMENT -

With no further business, Chairman Jandreau entertained a motion

to adjourn.

Motion was made by Ted Rouillard to adjourn the

meeting.

This motion was seconded by Charles Langdeau and

carried wi th four for, none opposed, two absent and none not

voting.

CERTIFICATION

The foregoing is a true and correct transcript of Minutes of a Special Meeting

held by the Lower Brule Sioux Tribal Council on the 18th day of October,

1985.

Cheryll LaRoche, Recording Secretary

-2-

LOWER BRULE SIOUX TRIBAL COUNCIL

REGULAR MEETING

November 6, 1985

PRESENT:

Kay Gourneau, Acting Chairperson

William Ziegler

Ted Rouillard

Darrell Middletent

William S. Jandreau (Chairman)

ALSO PRESENT:

ABSENT:

Michael B. Jandreau

Charles Langdeau

Larry Mendoza, Operations Manager

Rhoda Moreno

Patti Moore, Human Resources Coordinator

Mary L. Thompson, Parent Aide Data Coordinator

Shelby White Bear, Jr., Housing Authority

Mary Wynn, Housing Authority Attorney

Paul Estes, Mini-Farms Program Director

The meeting was called to order at 10:15 AM by Kay Gourneau, Acting

Chairperson.

Roll call was taken by the Recording Secretary and the Lord's

Prayer was led by Mrs. Gourneau.

RENT & ELECTRICITY PAYMENTS - Kathy Dykes, Social Services Worker from

Chamberlain contacted Ted Rouillard in reference to Ethel Quilt paying rent

on a tribally owned house.

Ms. Quilt hasn't paid rent and electricity since

she moved into the house and has a delinquent debt wi th the Tribe.

Mrs.

Gourneau had talked to Ethel Quil t regarding her payments could be set at

$160.00 per month, then the Tribe would make the electrici ty payments from

that amount.

Ms. Dykes had contacted Mr. Rouillard again to determine Ms.

Quilt's expenses.

The Tribal Council discussed that the State of South Dakota,

Department of Welfare allows a maximum of $160.00 for expenses.

William

Ziegler informed the Tribal Council that at the time Ms . Quilt was rented

the house Pat Spears had worked out the schedule for Ms. Quilt and waived

the $120.00/month rent payments and electricity payments be made by the Tribe.

Mr. Ziegler said Pat Spears did this in order for Ms. Quilt to purchase

furni ture and fix up the house.

Mrs. Gourneau feels the Tribe should at

least receive the electrici ty payment from Ms. Quil t.

Motion was made by

Ted Rouillard to authorize Kay Gourneau to negotiate a payment schedule with

Ethel Quil t regarding the rent and electrici ty payments.

Thi,s motion was

seconded by William Ziegler and carried wi th four for, none opposed, two

absent and none not voting.

HOUSING AUTHORITY - A letter dated October 16, 1985 was received from

Frederick LaRoche, Housing Authori ty Board Chairman, requesting a resolution

to grant a Service Line Agreement with West Central Electric Company concerning

the Housing's new Maintenance Shop.

A request was received from Jim and

Jan Brouse requesting a Service Line Agreement wi th West Central Electric

Company to their shop building.

Motion was made by Darrell Middletent to

approve the two (2) requests for Service Line Agreements wi th West Central

Electric.

This motion was seconded by Ted Rouillard and carried wi th four

for, none opposed, two absent and none not voting.

UNMET NEEDS - A letter dated October 16, 1985 was received from Curtis

C. Bossert, P.E., District Engineer regarding the time is approaching to

update the unmet needs for the reservation.

In the letter, Mr. Bossert stated

the unmet needs, encompass the entire gamit of sanitation facilities that

can be provided by Indian Health Service.

These services would include first

time services for individuals and communtiy systems, upgrading-replacement

of existing systems both individual and community, and solid waste facilities.

Motion was made by Darrell Middletent to appoint Ted Rouillard, CDBG

Administrator, to work wi th Mr. Bossert in reference to updating the unmet

needs of our reservation.

This motion was seconded by William S. Jandreau

and carried with four for, none opposed, two absent and none not voting.

TRIBAL MANAGEMENT SYSTEM The Bureau of Indian Affairs, Aberdeen Area

Office is requesting the assistance of updating area records under P.L. 93-638.

The Tribe has wi thin their structure, as approved by the Tribal Council,

a management system that includes 1. Financial Management, 2. Procurement,

3. Property Management, 4. Recordkeeping, and 5. Personnel.

Motion was made

by Ted Rouillard to adopt the above listed five (5) systems as part of the

P.L. 93-638 and for future funding grants. This motion was seconded by William

S. Jandreau and carried with four for, none opposed, two absent and none

not voting.

TRAINING SCHEDULES - Motion was made by Darrell Middletent to authorize

travel for ·Charles Langdeau and Janet Rouillard to attend the Indian Elderly

Resources Meeting in Pierre, South Dakota on November 13, 1985. This motion

was seconded by William S. Jandreau and carried with four for, none opposed,

two absent and none not voting. Motion was made by Ted Rouillard to authorize

Michael B. Jandreau, Chairman or his Representative to attend the 7th Annual

Indian Health Conference in Albuquerque, New Mexico. This motion was seconded

by Darrell Middletent and carried wi th four for, none opposed, two absent

and none not voting.

REPAYMENT OF NOTES - William Ziegler gave a verbal report on refinancing

the note at Tri-County State Bank in Chamberlain, South Dakota.

He reported

that Bank West in Pierre, South Dakota does not want to refinance the note,

they want payment in full immediately.

Mr. Ziegler presented a two (2) and

three (3) year repayment schedule he negotiated wi th Tri-County State Bank

and informed the Council that the Bank may even approve a four (4) year payment

schedule. The Tribe has a Certificate of Deposit with Bank West but it cannot

be used for a payment such as this, maybe the interest payment. Superintendent

,Miller had quaranteed the note at Bank West, that they'd get their payment

in full, during the previous Council Administration. Larry Mendoza has talked

to Bank West Board of Directors and they don't want to refinance the note

and Mr. Linus at Bank West talked to Superintendent Miller and there seems

to be discrepancies in the note. Mr. Mendoza recommends the Tribe wait until

the matter is cleared up, to make payment.

In reference to the Tri-County

State Bank, Mr. Mendoza recommends the Council refinance it and pay the

interest for six (6) months.

Motion was made by Ted Rouillard to authorize

Larry Mendoza to meet with Mr. Charles Burke, Bank West to negotiate a

repayment schedule and table any action on repayments until Mr. Mendoza reports

his findings and Edwin L. Miller, Superintendent can be present. This motion

was seconded by William S. Jandreau and carried with four for, none opposed,

two absent and none not voting. Mr. Mendoza said the Council needs to choose

a repayment schedule to Tri-County State Bank but they need to look at the

Tribe's financial standings through the end of the year.

Mr. Mendoza

recommends having the Lower Brule Construction Company payoff the note and

the Tribe could make payments to the Company.

The Tribal Council concurred

to schedule a meeting wi th the Construction Company Board on November 13,

1985 at 1:00PM.

HOME ASSIGNMENTS - A letter dated October 9, 1985 was received from Edwin

L. Miller, Superintendent requesting clarification and additional information

on "Home Assignments".

Motion was made by Ted Rouillard to amend the Land

-2-

Management Program to include Home Assignments and the maximum of a Home

Assignment will be five (5) acres.

This motion was seconded by Darrell

Middletent and carried wi th three for, none opposed, three absent and none

not voting.

WOOD CUTTING - A letter dated October 2, 1985 was received from Edwin

L. Miller, Superintendent regarding the issue of wood cutting.

In his letter,

Mr. Miller states that in accordance with the Bureau of Indian Affairs trust

responsibility for sustained yield management for forested areas on the

reservation, the Tribal Council should address the issue of wood cutting

for tribal members on tribal land.

The Council discussed there's a provision

in the Code for wood cutting (green timber).

No action was taken, information

only.

TRIBAL COUNCIL MILEAGE - Motion was made by Ted Rouillard to approve

payment of mileage to William Ziegler in the amount of $142.33 and to William

S. Jandreau in the amount of $59.86.

This motion was seconded by Darrell

Middletent and carried wi th four for, none opposed, two absent and none not

voting.

10. FEDERAL SURPLUS PROGRAM - The Tribal Council had taken action previously

to appoint Larry Mendoza to handle the Federal Surplus Program for the Tribe.

At that time action wasn't taken to authorize the funds to allow for expenses

of the clothing program.

Motion was made by Darrell Middletent to authorize

and obligate funds to cover the clothing expenditures under the Federal Surplus

Program.

This motion was seconded by William S. Jandreau and carried wi th

four for, none opposed, two absent and none not voting.

Information regarding

this program will be posted when the package is complete.

11.

NATIONAL RURAL DEVELOPMENT & FINANCE CORPORATION

A letter dated

September 27, 1985 was received from James Bluestone, Special Assistant to

the President, National Rural Development & Finance Corporation regarding

a proposal from NRD&FC to provide the Tribal Council wi th on-si te economic

development programming.

The Tribal Council reviewed this issue, no action

was taken, information only.

TRIBAL COUNCIL MINUTES - Motion was made by Ted Rouillard to approve

the Tribal Council Minutes for October 2-3, 1985 and October 18, 1985.

This

motion was seconded by William S. Jandreau and carried wi th four for, none

opposed, two absent and none not voting.

12.

13. PESTICIDE PROGRAM DIRECTOR POSITION - Motion was made by Ted Rouillard

to advertise the Pesticide Program Director Posi tion for a period of two

(2) weeks.

This motion was seconded by William Ziegler and carried with

four for, none opposed, two absent and none not voting.

14. BINGO - A letter dated October 24, 1985 was received from the Racing

Association requesting approval to conduct their bingo games on Monday nights

instead of Wednesday.

A letter was received from Scott Jones, Pow-wow

Committee Chairman requesting permission to hold bingo inconjunction with

the Headstart Policy Council on Saturday nights through November and then

the Pow-wow Committee would take over.

Darrell Middletent, Bingo Supervisor,

informed the Council that he discussed Monday night bingo with Ramona Johnson

and she said she's quitting because they're not making enough profit and

she concurred to allow Racing Association to have Monday night bingo. Motion

was made by Ted Rouillard to approve the two (2) bingo requests and allow

the Racing Association to have bingo on Monday nights and the Pow-wow Committee

to have bingo on Saturday nights.

This motion was seconded by William S.

Jandreau and carried wi th three for, none opposed, two absent and one not

voting (William Ziegler).

A letter dated October 18, 1985 was received from

-3-

Josephine Skunk, West Brule Di strict Cl ub, requesting another thirty ( 30)

day extension to pay their delinquent rent, in order that they can continue

holding their bingo games.

Darrell Middletent informed the Council that

he held a meeting wi th all the Bingo Clubs.

Motion was made by William S.

Jandreau to allow the West Brule District Club another thirty (30) day

extension wi th the understanding that this is the last effort by the Tribal

Council.

If they fail to make their payment in full at the end of the thirty

(30) day extension, then the other Bingo Clubs will be notified that Sundays

are an open date for bingo.

Thi s motion was seconded by Darrell Middletent

and carried wi th three for, none opposed, two absent and one not voting,

(William Ziegler).

15. TRIBAL JOB POSITIONS - Two (2) applications were received for the EDA

Planner's position. Shirley Marvin has been acting temporary in this position.

Chairman Jandreau had recommended that Shirley Marvin be selected as EDA

Planner or the Council readvertise the position.

Motion was made by Darrell

Middletent to select Shirley Marvin as the EDA Planner.

This motion was

seconded by William S. Jandreau and carried wi th four for, none opposed,

two absent and none not voting.

Patti Moore, Human Resources Coordinator,

had also recommended Ms. Marvin for the posi tion as she has already started

working on some projects.

Five (5) applications were received for the

Recreational Therapist position.

The Alcoholism Board and Ms. Moore recommend

the hiring of Justin Hawkwing for thi s posi tion.

Motion was made by Ted

Rouillard to go wi th the recommendation of Justin Hawkwing for Recreational

Therapist.

This motion was seconded by William Ziegler and carried with

four for, none oppose~, two absent and none not voting.

Seven (7) applications

were received for the three (3) Alcoholism Counselor positions.

The Alcoholism

Board and Ms. Moore recommended Jackie Miley, Darlene Brings, Joe Sawalla

and Orrie Charger-AI ternate for the Alcoholsim Counselor posi tions.

Janet

Fast Wolf was recommended for the Alcoholi sm Counselor Trainee posi tion by

the Alcoholism Board and Ms. Moore.

Three (3) applications were received

for this posi tion.

Motion was made by Ted Rouillard to go along wi th the

recommendations for the Alcoholism Counselor positions and the Alcoholism

Counselor Trainee.

This motion was seconded by Darrell Middletent and carried

with three for, none opposed, two absent and one abstaining (William Ziegler).

16. INDIAN GAMING - A letter dated October 21, 1985 was received from Stephen

Hennington Whilden in reference to Indian gaming.

No action was taken,

information only.

17. FLANDREAU INDIAN SCHOOL - Letters dated October 18, 1985 were received

from Mona Whitney and Goldie Never Misses A Shot, students attending the

Flandreau Indian School, requesting the Tribal Council to contact the Bureau

of Indian Affairs officials and Congressional Delegates to request addi tion

of the "grandfather clause" to the new "Minimum Academic Standards for the

Basic Education of Indian Children and National Criteria for Dormitory

Si tuation n,

their

school

will

continue

operate

present

request

funds for new dorms so the School would meet the new regulation.

Motion

was made by William Ziegler to appoint Darrell Middletent to contact William

Schmidt, Superintendent of Schools, to review such regulation and have Mr.

Schmidt develop correspondence to be sent to the Congressional Delegates.

This motion was seconded by William S. Jandreau and carried with four for,

none opposed, two absent and none not voting.

18.

LEASES & RANGE UNIT PAYMENTS - A letter dated October 30, 1985 was

received from Iva Jean Bolman requesting an extension of payment on her leases

and range uni t until the end of December, 1985.

The Tribal Council reviewed

and discussed Mrs. Bolman's request and reasons for the extension.

Based

on the facts presented, motion was made by William S. Jandreau to grant the

extension of payment on Iva Jean Bolman' s leases and range unit until the

-4-

This motion was seconded

end of December, 1985 (about sixty (60) days) .

by Ted Rouillard and carried wi th three for, none opposed, two absent and

one not voting (William Ziegler).

19. HOUSE MOVING AGREEMENT - A letter dated November 4, 1985 was received

from Fritz & Cheryll LaRoche requesting approval for a contract between the

Lower Brule Construction Company and themselves for their house to be moved,

a basement to be buil t" and completion of the basement.

Mr. & Mrs. LaRoche

have received a house through the Housing Authority and approval for the

house to be moved to their Home Assignment.

As collateral they offered Mrs.

LaRoche's pension annuity and will make $200.00 monthly payments.

The Tribal

Council needs to approve accepting the collateral and the right to negotiate

a contract wi th the Construction Company.

Motion was made by Ted Rouillard

to approve the Lower Brule Construction Company to enter into an agreement

between them and Mr. & Mrs. Fritz LaRoche regarding the moving of their HUD

house, a basement to be built, and completion of the basement.

This motion

was seconded by Darrell Middletent and carried with three for, none opposed,

two absent and one not voting (William Ziegler).

20. REIMBURSEMENT OF PAYMENT - Fri tz LaRoche submi tted a Bill of Collection

receipt in the amount of $1,660.74 for overcharge by the Bureau of Indian

Affairs, for taking in outside cattle on his Range Unit. Mr. LaRoche requested

this amount be reimbursed to him by the Tribe.

The Tribal Council discussed

this is the same case which was previously approved for James Jandreau.

Motion was made by Ted Rouillard to reimburse Fri tz LaRoche in the amount

of 1,660.74 from the General Fund, for an overcharge by the Bureau of Indian

Affairs on his Range Unit.

This motion was seconded by William S. Jandreau

and carried wi th four for, none opposed, two absent and none not voting.

Fritz LaRoche has Lease #23-013-8487 for the period of November 1, 1985 through

October 31, 1986 and he has requested approval from the Tribal Council to

change the lease period to coincide with his other leases.

He has requested

the lease period be changed to January 1, 1986 through December 31, 1986.

Motion was made by Ted Rouillard to approve Fritz LaRoche's request to change

the period of Lease #23-013-8487 to January 1, 1986 through December 31,

1986.

This motion was seconded by William S. Jandreau and carried with four

for, none opposed, two absent and none not voting.

21. PROPOSED LAND EXCHANGE - A letter dated October 31 , 1985 was received

from Edwin L. Miller, Superintendent, stating the Aberdeen Area Office was

asked to review the proposed Land Exchange between the Tribe and Mrs. Annette

Big Eagle because the site selected would require a metes and bounds

description, which in turn would require a legal survey.

The Aberdeen Area

Office's memorandum dated 10/16/85 recommended an alternate site with an

aliquot description.

Mrs. Big Eagle has agreed to the si te.

The new si te

is described as the NW~NE~NW~NE~, NE~NW~NW~NE~ of Section 22, Township 107

North, Range 73 West, Fifth Principal Meridian, South Dakota, containing

5.00 acres, more or less.

Motion was made by William Ziegler to approve

of the si te change and request a surface and mineral appraisal on the above

described tract of land.

This motion was seconded by Darrell Middletent

and carried with four for, none opposed, two absent and none not voting.

RECESS

The meeting was recessed for the noon hour and will

1:00 PM.

The meeting rec nvened at 1:00 PM with the

being present and absent.

reconvene at

same Members

22. RHODA MORENO' S REQUEST - Rhoda Moreno en tered the l11eeting and asked the

Tribal Council if there was a way she could borrow $100.00 to wire her son

(Arnold Sazue), who was stranded in Albuquerque, New Mexico.

She informed

the Tribal Council that she would repay the funds at the first of the next

month when she gets her check.

The vehicle her son was using broke down

-5-

unexpectedly.

Presently, through the Small Loans Program, the policies only

allow for tribal employees to receive a loan.

Discussion was held in reference

to Mr. Sazue' s present loan.

Maximum amount for a small loan is $200.00.

William S. Jandreau recommended the Tribe loan him the difference of the

balance of Mr. Sazue' sloan, up to $200.00.

Discussion was held regarding

the policy of manual checks being written for loans and travel.

Kay Gourneau

recommended the Tribe loan Mr. Sazue the funds provided he agrees to repay

the loan.

The Tribal Council concurred with this recommendation.

23. POLICY ON CHECKS - The Tribal Council discussed a Memorandum which was

distributed by Larry Mendoza, Operations Manager regarding the process of

purchase orders and checks being processed by the computer.

Chairman Jandreau

had recommended the policy be manual checks

wri tten for loans and travel

and Sharon Brown be allowed to have access to the computer regarding small

loans because she does the paperwork for the loans and has experience wi th

computers.

The Tribal Council discussed if Mrs. Brown were to have access

to the computer regarding the Small Loans Program, then it would free the

Finance Office Staff to handle other matters.

The Tribal Council discussed

if other manual checks were to be written, what would be considered an

emergency.

Motion was made by Darrell Middletent that the policy will be

to cut manual checks for small loans and travel, but not limited to.

This

motion was seconded by William S. Jandreau and carried wi th two for, two

opposed (William Ziegler & Ted Rouillard), two absent and none not voting.

Acting Chairperson Gourneau broke the tie and voted in favor of the motion.

Motion was made by Ted Rouillard to request the Small Loans Commi ttee to

advise the Tribal Council of their current policies and all changes.

This

motion was seconded by William S. Jandreau and carried wi th four for, none

opposed, two absent and none not voting.

24. CDBG PRIORITIES FY-86 - Ted Rouillard informed the Tribal Council the

priorities for the FY-86 CDBG need to be set because the application deadline

date is February 15, 1986.

He informed the Tribal Council that we can apply

for economic development and housing rehabilitation.

For FY-85 CDBG the

#1 priority was housing rehabilitation and it was not approved and the #2

priori ty was economic development.

A maximum of $400,000.00 can be awarded

through HUD.

Mr. Rouillard recommended the Tribe set #1 priority as economic

development, get with the individuals responsible for writing this grant,

and bring back to the Tribal Council for final approval.

There are thirty-one

(31) Tribes in our region that we have to compete with regarding CDBG funding.

Mr. Rouillard informed the Council that the rating system is scored on the

population of people benefi ted and the thorough contents of the application.

The new proprity for EDA is agribusiness which was written by Larry Mendoza.

Motion was made by William S. Jandreau incompliance with the u.S. Department

of Housing & Urban Development regulations, to set Economic Development as

#1 priori ty and Housing Rehabili tation as #2 priori ty for the FY-86 CDBG

application, as its highest priorities.

This motion was seconded by William

Ziegler

and

carried

wi th

four

for,

none

opposed,

two

absent

and

none

not

voting.

25. LANDLORD TENANT CODE - Mary Wynn, Housing Authori ty Attorney, presented

a draft copy of the Landlord Tenant Code to the Tribal Council and requested

approval of this Code.

Mrs. Wynn informed the Council if this Code was

approved, it would go into effect on January 1, 1986.

Mrs. Wynn was hired

initially by the Housing Authority to help with the Accounts Receivables

and she is also setting up the judicial process for the draft code.

Mrs.

Wynn informed the Council the Code would go into effect sixty (60) days after

adoption and must be publicized in the local newspapers and throughout the

Communi ty.

Motion was made by Ted Rouillard to table any decision on this

Code until the Tribal Council can review this document and meets wi th the

Housing Authori ty, which will be the same date and time as when they meet

-6-

with the Construction Company.

26. FENCE REQUEST &: CLEAN-UP DAY - A wri tten letter was received from Otis

Doren requesting to have some of the fencing material on the north side of

town and he would do the work himself.

He also requested a day be designated

by the Council as "Clean up day" with all school kids given all or part of

a day off from classes to carry garbage bags around the town and collect

all the loose trash.

The Tribal Council concurred to approve Mr. Doren's

request for fence provided he work inconjunction with Kim K. Thompson, wildlife

Management Program Director.

Also, to approve the clean up day provide Mr.

Doren does the organizing and keeps the Council informed.

27. PERSONNEL POLICIES &: PROCEDURES - Patti Moore, Human Resources Coordinator

presented a draft of changes the program directors wanted for the personnel

policies and procedures.

There is a need to establish personnel policies

to comply with federal program requirement and also have a means to regulate

employees of the Tribe.

Motion was made by Darrell Middletent to adopt

proposed personnel policies & procedures with the corrections as stated.

This motion was seconded by William S. Jandreau and carried wi th four for,

none opposed, two absent and none not voting.

28. MINI-FARMS PROGRAM

Paul Estes, Mini-Farms Program Director entered

the meeting and requested to transfer funds from the Special Account at Bank

West to the ANA Grant account to make final payment on the dehydrator in

the amount of $3,635.00 and payment in the amount of $13,000.00 to Rural

Ventures.

This past Summer the final payment was paid on the dehydrator

but it was from the ANA Grant account instead of the Special Account at Bank

West.

Discussion was held in reference to payments made to Rural Ventures.

Motion was made by Darrell Middletent to approve transfer of funds from the

Special Account in Bank West to the ANA Grant account for final payment of

the dehydrator and the Rural Ventures payment, and reinvest the balance of

funds at Bank West for a period of thirty (30) days.

This motion was seconded

by Ted Rouillard and carried with four for, none opposed, two absent and

none not voting.

Darrell Middletent informed the Council that people are

contacting him wi th the need for wood to be cut.

Mr. Middletent asked if

the Tribe would buy the chain saw and he would donate his time.

Larry Mendoza

recommended that possibly the chain saw 'could be purchased from the Mini-Farms

Program.

There are funds in the ANA grant.

Paul Estes said it may be possible

to exchange a tiller for two (2) chain saws and his program could pay the

balance.

The Tribal Council concurred with Mr. Estes' suggestion.

Mr. Estes

will report back to the Tribal Council before making the actual transaction.

29. NATIONAL INDIAN HEALTH BOARD, INC. - The 7th National Indian/Alaska Native

Health Conference will be held in Albuquerque, New Mexico on November 11

- 15, 1985.

The Conference is scheduled to discuss and implement additional

fund seeking resolutions and amendments to P.L. 93-437 and P.L. 95-537.

Motion was made by Darrell Middletent to authorize the Tribal Chairman or

his Representative to support the efforts of the National Indian Health Board,

Inc. where deemed necessary for the betterment of heal th on the Lower Brule

Sioux Indian Reservation.

This motion was seconded by Ted Rouillard and

carried with four for, none opposed, two absent and none not voting.

30. NATIONAL RODEO FINALS - William S. Jandreau informed the Tribal Council

that Marty Jandreau qualified for the National Rodeo Finals.

Mr. Jandreau

feels the Tribe should recognize this in some way.

Motion was made by William

S. Jandreau to grant Marty Jandreau $250.00 from the educational grant

assistance funds with best wishes from the Tribe, award him a plaque on return

from the finals, and place a congratulations advertisement in the local

newspapers to him and the Brule Sioux High football team.

This motion was

seconded by Ted Rouillard and carried with four for, none opposed, two absent

-7-

and none not voting.

ADJOURNMENT - with no further business, Acting Chairperson Gourneau entertained

a motion to adjourn.

Motion was made by William Ziegler to

adjourn the meeting.

This motion was seconded by William S.

Jandrea u and carried wi th four for, none opposed, two absent

and none not voting.

CERTIFICATION

The foregoing is a true and correct transcript of Minutes of a Regular Meeting

held by the Lower Brule Sioux Tribal 'Council on the 6th day of November,

1985.

Cheryl! LaRoche, Recording Secretary

-8-

LOWER BRULE SIOUX TRIBAL COUNCIL

SPECIAL MEETING

November 13, 1985

PRESENT:

ABSENT: William S. Jandreau

Michael B. Jandreau, Chairman

Kay Gourneau

Darrell Middletent

Ted Rouillard

Charles Langdeau

William Ziegler (arrived late)

The meeting was called to order by Chairman Jandreau at 2: 10 PM.

Roll call

was taken by the Recording Secretary and the Lord's Prayer was led by Chaplain

Langdeau.

OPERATING BUDGET - Chairman Jandreau informed the Tribal Council that

the Tribe has received tentatively $166,000.00 from the Farm Corporation

instead of the proposed $15,000.00.

Therefore, there is a need to modify

the Tribe's operating budget in the amount of approximately $150,000.00.

Motion was made by Kay Gourneau to approve the Fiscal Year 1986 budget in

the amount of $498,000.00, approval of wi thdrawals from the U. S. Treasury

for FY-86, a tentative estimate of withdrawals for FY-87 at $362,000.00,

and authorize Chairman Jandreau to sign the Form 1034 for wi thdrawals and

the Tribe's Land Payment.

This motion was seconded by Charles Langdeau and

carried wi th four for, none opposed, two absent and none not voting.

The

amount for the operating budget and the land payment are approximately

$50,000.00 each.

2. REIMBURSEMENT OF PAYMENT - Kay Johnson had contacted Kay Gourneau regarding

a Bill of Collection in the amount of $2,113.15 from the Bureau of Indian

Affairs, an overcharge for taking in outside cattle on her Range Unit. Motion

was made by Kay Gourneau when Kay Johnson makes payment to the Bureau of

Indian Affairs, reimburse her in the amount of $2,113.15 from the General

Fund.

This motion was seconded by Ted Rouillard and carried with four for,

none opposed, two absent and none not voting.

FURNITURE REQUEST - A letter dated November 4, 1985 was received from

Pearl LaRoche requesting the Tribe to purchase her a davenport and chair.

The Tribal Council concurred to inform Mrs. LaRoche at the present time funds

aren't available to honor her request.

BUFFALO MEAT

had

contacted

Kay

Kim

Gourneau

Thompson,

and

Ted

wildlife

Rouillard

Management

regarding

the

Program

Director

distribution

the buffalo meat which the Tribe has received.

Mr. Thompson will take care

of the cutting and wrapping.

The Tribal Council concurred to have Mr. Thompson

distribute the buffalo meat to the Elderly first, then the rest of the

Community.

TWEP PROGRAM - A written letter dated November 13, 1985 was received

from Erwin LaRoche, TWEP Supervisor, requesting approval for the use of the

White Chevy Pickup owned by the Tribe.

Mr. LaRoche's request stated he will

be using the vehicle for the TWEP Program and there are funds available for

the operation of the vehicle in his program.

Motion was made by Charles

Langdeau to approve Erwin LaRoche's request for use of the White Chevy Pickup.

This motion was seconded by Darrell Middletent and carried wi th four for,

none opposed, two absent and none not voting.

PROPOSED BUSINESSES - A letter dated November 12, 1985 was received from

Kim & Mary Thompson requesting the Tribe's support to set up a computer system

on the reservation.

A letter received November 12, 1985 was received from

Vince D. Nelson requesting a business permit to start a catering service

on the reservation.

Motion was made by Kay Gourneau to authorize and support

the business ventures proposed by Kim & Mary Thompson, and Vince D ~ Nelson,

on the reservation.

This motion.was seconded by Charles Langd~au and carried

wi th three for, none opposed, three absent and none not v,?ting ~

(William

Ziegler arrived at this time.)

Jim & Jan Brouse proposed .to open a. small

craft business on the reservation and they have requested support and

recogni tion from the Tribe as an Indian owned business.

Motion was made

by Kay Gourneau to authorize and support Jim & Jan Brou?e' s Indian owned

business for a craft store on the reservation.

This motion was seconded

by Darrell Middletent and carried wi th four for, none opposed ~ o~e absent

and one not voting (William Ziegl.er).

Alvin Thompson, Repres~nt~tive wit~

the Native American Criminal Justice, California was present to request

approval from the Tribal Council to open a business venture ~uch as a card

room, on the reservation.

Mr. Thompson had previously presented a proposal

to the Council regarding the beh~vi.or patt.erns among Native Americans~ . This

proposal has been sent throughout the Uni ted States.

Mr ~ T~ompson proposes

to hire approximately ten (10) people, pay salaries, gi ve .the Tribe 5-10%

for operating, and the profit could go into an escrow account.

Mr~ Thompson

is requesting permission to start the operation and the funding would. be

provided by the Native .AmericaI:l Criminal Justice.

Mr. Thompson feels this

is a worthwhile project and the official contract will be drawn by the

Justice's Attorney.

Mr. Thompson proposes the profi t could be used for the

communi ty such as fixing up houses, then maybe build a hospi tal or medical

center.

He needs to acquire a building to hold such venture.

Mr. Thompson

said he'd like to get this venture started as soon as possible:.

A Gambling

Ordinance was adopted in November, 1973.

Mr. Thompson feels this operation

is something the entire Tribal Council should agree on.

Mr. Thompson ~aid

they would use their own dealers for the card games.

Darrell Middletent

would also like to see a written proposal.

Ted Rouillard sugges~ed Mr.

Thompson submi t a wri tten proposal at the next Tribal Council. ~eeti~g in

two (2) weeks.

Mr. Thompson said he intends to have a policy stat~me~t .and

contract.

He would like to receive permission to start,. gi~e

tentative

approval today, then later approve the policy and contract at that time.

Chairman Jandreau informed Mr. Thompson nothing could begin until such time

documents are agreed upon and signed between him and the Tribe.

Kay Gourn~au

would like to see a wri tten proposal be submi tted.

Mr. Thompson said the

Justice Association would finance this venture wi th no matching ~unds from

the Tribe.

They would bring in security from another reservation.

Mr.

Rouillard informed Mr. Thompson that it has been a policy to require. a written

proposal for review before a decision is made.

Mr.

Thompson sa~d the escrow

account

could

for

research

Indian

reservations

across

the

cO':lntry.

Mr. Thompson proposed the Tribal Council grant tentative approval to~ay,

then meet on December 4, 1985 to review all documents, and in ~he.me~n.time

he will conduct a community survey, bring all materials in at that time,

then the Council could make their final decision.

William Ziegler believes

a plan of operation would come before the contract.

Chairman Jandreau said

a tentative projection of what the return would be is also needed.

Mr.

Thompson agreed to meet with the Tribal Council on December 4, 1985 and present

all necessary documents.

L.B. CONSTRUCTION COMPANY· - Gaylord Choal, Construction Company Manager,

Bill Thompson, Board Member, and Cody Russell, Board Member, were present

for this meeting.

Mr. Choal presented a financial report for the Council's

review and discussion.

Discussion was held in reference to the present

projects.

Chairman Jandreau reported that Larry Mendoza had contacted Bank

West regarding the note being renegotiated for six (6) months and the Tribe

paying the interest.

Larry Mendoza, Operations Manager entered the meeting

and informed the Council, Bankwest would accept the negotiated figure but

it would have to be in wri ting.

Bankwest wouldn't agree to extend the note

for six (6) months.

The Tribe would need to pay the interest plus $10,000.00

to reduce the note.

The Council reviewed repayments of costs.

The Council

discussed

having

the

Construction

Company

figure

projected

profit.

Discussion was held regarding the agreements between the Construction Company

and individuals for house moving, renovation, etc.

The Construction Company

can set a limi t on the projects as per house, family, etc., but they still

would need concurrence from the Tribal Council, Mr. Rouillard reported.

Mr. Rouillard said the biggest expense is not the housing moving and these

individuals being helped are not eligible for the Home Improvement Program.

Motion was made by Charles Langdeau to authorize William Ziegler and Larry

Mendoza to negotiate a figure and repayment schedule on the note due at

Bankwest In Pierre, South Dakota.

This motion was seconded by Kay Gourneau

and carried with four for, none opposed, one absent and one not voting (William

Ziegler) .

The Construction Company will establish a figure on the house

agreements and bring back to the Tribal Council.

LANDLORD TENANT CODE Debra Isburg, Housing Director was present for

the meeting.

Kay Gourneau informed the Tribal.Council regarding the telephone

conversation between her, Ted Rouillard and Dave Bergren, General Counsel.

Mr. Bergren had received a draft copy of the Landlord Tenant Code from Ms.

Mary Wynn, Housing Authori ty Attorney.

Mr. Bergren feels this Code should

be reviewed further, for possible changes. Mrs. Gourneau requested Mr. Bergren

to review the draft Code and submi t a wri tten recommendation to the Tribal

Council at the next regular meeting.

The Tribal Council concurred with Mrs.

Gourneau request for Dave Bergren's services regarding the Code.

TRAINING SCHEDULES

There will be a two (2) day seminar on Program

Compliance in Las Vegas, Nevada on December -6, 1985, if any Council Member

wishes to attend.

No action was taken, information only.

10. DUMPSTERS

Alvin Johnson submitted a quote from Wastainer, Inc. in

Mukwonago, Wisconsin for four (4) reconditioned, eight (8) cubic yard drop

bottom dumpsters.

Their price is $540.00 per dumpster plus $640.00 freight

charges.

The Bureau of Indian Affairs is purchasing five (5) dumpsters from

the same Vendor.

Motion was made by Kay Gourneau to authorize purchase of

the four (4) dumpsters from Wastainer, Inc.

This motion was seconded by

William Ziegler and carried wi th four for, none opposed, two absent, and

none not voting.

11. MATERNAL CHILD HEALTH - A letter dated November 4, 1985 was recei ved

from Allen W. Krom, Health Services Assistant Administrator, MCH Program,

S.D. Department of Health regarding the FY-86 contract for services, revised

budget.

The Tribe will be reimbursed 57% of the program costs and will have

to document the internal 43% matching funds.

Kay Gourneau had talked wi th

Lenora LeCompte, MCH Director regarding this matter and was told the Tribe

matched the same percentage last year.

Mrs. LeCompte informed Mrs. Gourneau

the State won't allow office space as part of the match because the building

was built with federal funds.

Chairman Jandreau said the Council needs to

authorize or identify the 43% as a cost if the Tribe is to continue the

program.

Motion was made by Kay Gourneau to authorize Chairman Jandreau

to sign the Contract for Services regarding the MCH 43% matching funds.

This motion was seconded by William Ziegler and carried with five for, none

opposed, one absent and none not voting.

ADJOURNMENT -

with no further business, Chairman Jandreau entertained a motion

to adjourn.

Motion was made by Ted Rouillard to adjourn the

meeting.

This motion was seconded by Kay Gourneau and carried

with five for, none opposed, one absent and none not voting.

CERTIFICATION

The foregoing is a true and correct transcript of Minutes of a Special Meeting

held by the Lower Brule Sioux Tribal Council on the 13th day of November,

1985.

Cheryll LaRoche, Recording Secretary

LOWER BRULE SIOUX TRIBAL COUNCIL

REGULAR MEETING

December 4, 1985

PRESENT:

Michael B. Jandreau, Chairman

William Ziegler

Charles Langdeau

Darrell Middletent

Ted Rouillard

William S. Jandreau

ALSO PRESENT:

ABSENT:

Kay Gourneau

Alvin Johnson, NACJI

Richard & Flora St. Cloud

Clarence Thompson, Sr.

Edwin L. Miller, Agency Superintendent

William Schmidt, Superintendent of Schools

The meeting was called to by Chairman Jandreau at 11: 00 AM.

Roll call was

taken by the Recording Secretary and the Lord's Prayer was led by Chaplain

Langdeau.

LANDLORD TENANT CODE

Chairman Jandreau informed the Tribal Council

that recommendations from Dave Bergren, General Counsel, have not been received

regarding the Landlord Tenant Code.

Chairman Jandreau requested this issue

be tabled until recommendations are received from Mr. Bergren.

The Tribal

Council concurred with Chairman Jandreau's request.

NATIVE AMERICAN CRIMINAL JUSTICE ASSOCIATION - Alvin Thompson, President

of the Native American Criminal Justice Association provided the Tribal Council

wi th a copy of a Management Contract and Policy Statement.

Discussion was

held regarding clarification of sections in the proposed contract.

William

S. Jandreau informed Mr. Thompson that a Gaming Commi ttee has already been

established.

Discussion was held regarding the location of the proposed

Card Room.

Mr. Thompson has obtained the trailer from Steve Gourneau, for

the present time, located in a rural residential area.

Mr. Thompson said

the business will be located far from the community to eliminate problems

from the area.

The Council informed Mr. Thompson that if complaints are

received from people in that area, then the trailer will have to be moved

elsewhere.

Discussion was held in reference to the escrow account.

Mr.

Thompson said the escrow account will be handled by the NACJI Attorney and

can't be touched until the designated amount is reached.

Mr. Thompson said

he did conduct a verbal survey wi th different people looking for a negati ve

feedback and didn't receive any, all were in support of it.

Motion was made

by Ted Rouillard to enter into the Agreement wi th NACJI, as amended, for

a six (6) month period, and that during the six (6) month period, it if is

not feasible, both parties will mutually terminate any agreement.

This motion

was seconded by William S. Jandreau and carried with four for, none opposed,

one absent and one not voting (William Ziegler).

POSTAL FACILITY AGREEMENT - A new fixed term lease agreement was received

on November 27, 1985 from David A. Manning, Real Estate Specialist, u.S.

Postal Service.

The agreement is for the Postal facility located in the

Tribe's building at Lower Brule.

This lease provides for a monthly rental

of $160.00, with an effective rental date of February 1, 1986.

Motion was

-1-

made by William Ziegler to enter into the term lease agreement regarding

the Postal facility at a monthly rental rate of $160.00.

This motion was

seconded by Charles Langdeau and carried wi th five for, none opposed, one

absent and none not voting.

BLACK HILLS NATIONAL FOREST - A letter was received on December 2, 1985

from James R. Mathers, Forest Supervisor, Black Hills National Forest regarding

a conference of Indian people and the Forest Service to be held in Rapid

City on Tuesday & Wednesday, December 10 & 11, 1985.

Mr. Mathers had

previously contacted Ted Rouillard.

Motion was made by Charles Langdeau

to appoint William S. Jandreau as the Tribe's Representative and Darrell

Middletent as Alternate, and authorize travel expenditures to attend the

meeting.

This motion was seconded by Ted Rouillard and carried with five

for, none opposed, one absent and none not voting.

'BLACK HILLS STEERING COMMITTEE - A letter received November 12, 1985

from Gerald M. Clifford, Coordinator, Black Hills Steering Committee requesting

financial assistance ($5,000.00) from the Tribe.

Mr. Clifford also submitted

draft letters to the S.D. Congressional Delegation and Senator Mark Andrews,

Chairman of the Senate Select Commi ttee on Indian Affairs, requesting their

support of "The Sioux Nation Black Hills Act".

The Tribal CO'uncil concurred

to inform the Black Hills Steering Commi ttee that funds are not available

to make a contribution of $5,000.00 and they are in support of the letters

addressed to the Congressional Delegates.

COMMUNITY DEVELOPMENT BLOCK GRANT - A letter was received December 3,

1985 from Ms. Sandra Lechman, Acting Team Leader, CDBG concerning the FY' 86

CDBG Workshop scheduled for December 18-19, 1985 in Denver, Colorado.

Motion

was made by Ted Rouillard to authorize Shirley Marvin, EDA Planner to attend

the CDBG Workshop, provided she has funds in her program budget.

This motion

was seconded by Charles Langdeau and carried with five for, none opposed,

one absent and none not voting.

TRAINING

SCHEDULES

various training schedules.

The Tribal Council reviewed documents regarding

For informational purposes, no action was taken.

8. COUNCIL MEMBER'S MILEAGE - Motion was made by Charles Langdeau to approve

payment of mileage in the amount of $70.66 to William Ziegler.

This motion

was seconded by Ted Rouillard and carried with four for, none opposed, one

absent and one not voting (William Ziegler).

9. EDUCATIONAL GRANT ASSISTANCE - An Educational Grant Assistance Application

was received by Keith Rekow, who will be attending Black Hills State College

beginning the second semester. Mr. Gib Rogers, High School Counselor reviewed

his application and recommended approval. Motion was made by Charles Langdeau

to approve Educational Grant Assistance in the amount of $250.00 to Kei th

Rekow.

This motion was seconded by William Ziegler and carried with five

for, none opposed, one absent and none not voting.

INTERTRIBAL COURT OF APPEALS - A letter was received November 26, 1985

from Violet E. Cook, Court Administrator/Clerk, Intertribal Court of Appeals

regarding the Appellate Court Judges and Policy Board Members.

Their office

received our Tribal Resolution NO. 85-187, dated 9/18/85, which appointed

Stan Whiting as regular Appellate Judge and Rose McCauley as alternate

Appellate" Judge for Lower Brule.

If the Tribal Council wishes to appoint

Rose McCauley to the office of alternate Appellate Judge, the Tribal Council

may specially appoint her as an Associate Tribal Judge to sit on appeal cases

only.

This has been done by other Tribes, appointing "non-sitting" court

Judges as their Appellate Judges.

In doing this, the Tribe complies with

the requirements of the Uniform Code.

Second, each member Tribe appoints

10.

-2-

two (2) Appellate Court Policy Board members.

Motion was made by Charles

Langdeau to appoint Ted Rouillard and William Ziegler as Policy Board Members

to the Intertribal Court of Appeals and Rose McCauley be appointed as an

Associate Tribal Judge to sit on appeal cases only.

This motion was seconded

by William S. Jandreau and carried with five for, none opposed, one absent

and none not voting.

11. WEATHERIZATION PROGRAM - Richard & Flora St. Cloud entered the meeting

in regards to weatherizing House #39, through the tribal program, which they

occupy.

Mr. St. Cloud told the Tribal Council that he has applied for

Weatherization in the last three (3) years and nothing has been done.

said Elaine Thompson, Weatherization Program Director, informed him that

$1,000.00 has been spent on his house.

Mr. St. Cloud would like to see where

the money was spent.

Chairman Jandreau informed Mr. St. Cloud to visit with

Ms. Thompson to resubmi t an application.

Richard St. Cloud said he would

do that. No action was taken, informational purposes only.

12. LOAN ASSISTANCE FOR CATTLE OPERATORS - Clarence Thompson, Sr. entered

the meeting regarding a letter for assistance to cattle operators which he

received from Shirley Marvin, EDA Planner.

Chairman Jandreau informed Mr.

Thompson that Uni ted Sioux Tribes is trying to get a comrnodi ty hay program

for the Tribe but when they traveled to Washington, D.C., Sid Mills had left

for Australia.

The grain will be distributed out of Kennebec, and all the

numbers for distribution are completed.

Distribution of the grain (milo)

will begin on Monday.

Reason for the letter which Mr. Thompson received

was because Shirley Marvin, EDA Planner has access to help anybody develop

loan packages, and grant dollars are available through the Bureau of Indian

Affairs, Aberdeen Area Office for different business ventures.

No action

was taken at this time, informational purposes only.

RECESS

PRESENT:

The meeting recessed for the day and will reconvene at 3: 30 PM on

12/12/85.

The meeting convened on 12/12/85 at 2: 25 PM, with the

following Members being present and absent.

Michael B. Jandreau, Chairman

Kay Gourneau

Ted Rouillard

Darrell Middletent

Charles Langdeau

William Ziegler

ABSENT:

William S. Jandreau

13. LAND SALE APPLICATIONS - Chairman Jandreau informed the Tribal Council

that numerous people in reference to the Bad Horse Land Sale Applications

have expressed a wish to get loans and request to know if the Tribe is going

to purchase their undivided land interests.

At the present time, funds can't

be located to purchase such land.

Some of the Applicants have informed

Chairman Jandreau that if the Tribe can't purchase their land interests,

then they wish to sell to another individual.

Land Sale Applications were

also received from Darla Rabbit and Edward Castaway.

Motion was made by

Kay Gourneau to inform all Land Sale Applicants that if they wish to sell

their land interests to another individual, they may.

This motion was seconded

by Charles Langdeau and carried with five for, none opposed, one absent and

none not voting.

Motion was made by Darrell Middletent to approve

the Tribal Council minutes for November 6, 1985 and November 13, 1985.

This

motion was seconded by Charles Langdeau and carried with five for, none

opposed, one absent and none not voting.

14. TRIBAL COUNCIL MINUTES -

15.

PESTICIDE PROGRAM DIRECTOR POSITION -

-3-

Four

(4) applications were received

for the Pesticide Program Director posi tion.

Patti Moore, Human Resources

Coordinator recommended the Tribal Council readvertise this position for

another two (2) weeks. No action was taken at this time.

16. FAMILY COUNSELOR POSITION

The Tribal Council reviewed the list of

applicants for the posi tion of Family Counselor under the Child Protection

Program, and the point system used to recommend the applicants.

Motion was

made by Kay Gourneau wi th the exception of the first choice recommendation,

to select Gail Ziegler for the Family Counselor posi tion and Scott Jones

as Alternate.

This motion was seconded by Ted Rouillard and carried with

five for, none opposed, one absent and none not voting.

17. SMALL LOAN POLICIES - Nyal Brings, Small Loans Committee Chairman, entered

the meeting to discuss the Small Loan Program draft policies.

The Tribal

Council reviewed the draft policies and discussed changes.

Motion was made

by Kay Gourneau to approve the Small Loan Program Policies with the following

changes: a.) Include that payroll deductions will be mandatory as an addition

to #5, Part I, Eligibility~ b.) Insertion #11, expanding who it really means~,

and c.) Mandatory for a Co-signer on loans for Tribal Employees who are

Part-Time, Seasonal, and Training Participants.

This motion was seconded

by Darrell Middletent and carried wi th fi ve for, none opposed, one absent

and none not voting.

18. REMOVAL OF OLD HOUSES - A wri tten request was recei ved from Mike Kenyon

to tear down the old Elderly Nutri tion Building and salvage the lumber for

his personal use.

Herbie Eagle Thunder had also requested, through a Council

Member, to tear down the old building located on Ted Rouillard's homesi te

for the purpose of wood burning.

It was the concensus of the Tribal Council

to approve the two (2) above requests, provided it is done within sixty (60)

days.

19. TRIBAL HOUSE - A written letter was received from Ethel Quilt requesting

ownership of the Tribal House (old Alcoholism Center) wish she presently

rents.

A written letter was received from Willa Madison requesting ownership

of the Tribal House (old Alcoholism Center).

Motion was made by Kay Gourneau

to grant ownership of the Tribal House (old Alcoholism Center), to Ethel

Quilt provided that Willa Madison will occupy the house until Ms. Quilt moves

back from Oregon, and cost of utili ties will be their full obligation, the

electricity meter will be transferred or pulled from the Tribe's name.

This

motion was seconded by William Ziegler and carried with five for, none opposed,

one absent and none not voting.

20. REQUEST FOR STOVE - Bertha Fire Cloud has been requesting for repairs

of her heating stove. Maintenance workers from the Tribe and Housing Authority

have checked it over and have not been able to successfully repair it. Motion

was made by Kay Gourneau to authorize payment for an outside Vendor to repair

her

stove.

Thi s

motion

was

seconded by Ted Rouillard

and

carried wi th five

for, none opposed, one absent and none not voting.

21. BINGO - Larry Jandreau entered the meeting to discuss the bingo payments

made by the Men's Softball Club and some of the other Clubs are not making

their payments.

Darrell Middletent, Bingo Supervisor, informed the Council

that not all the Clubs are caught up in their payments.

Discussion was held

in reference to the hall not having heat for the bingo players.

At previous

meetings, the Tribal Council has requested Edwin L. Miller, Superintendent,

to have Police patrol during bingo, but they haven't.

The Council concurred

to have Darrell M. discuss wi th the Bingo Clubs to hire a Night Watchman

during the bingo nights and notify Mr. Miller, Superintendent, to have the

Police patrol during bingo.

-4-

('20. Request for Stove Cont'd.) - A written letter was received from Roberta

Gonzales requesting the Tribe to purchase her a wood burning stove.

The

Tribal Council concurred to inform Mrs. Gonzales that funds are not available

for such purchase and if she receives Welfare through the BIA, she may contact

them for assistance.

22. ALCOHOLISM PROGRAM - Gregg Miller, Alcoholism Program Director submitted

an Alcoholism Commission Position Paper.

Also submitted was a recommendation

from him and the Commission of a dissolution of the present Alcoholism

Commission.

They recommended the Alcoholism Commission is to be replaced

by Alcoholism Task Force which will be a sub-committee of the Health Board.

The Alcoholism Task Force will include one (1) Member from each of the

following: Alcoholism, Police Department, Mental Health, Court Services,

child Welfare, IHS Clinic, CHR Program, High School, Elementary School, BIA

Social Services.

The Alcoholism Director assumes the responsibility of

solici ting members for each of the Departments or Programs who will serve

on this Commission.

A concept paper was submitted by Gregg Miller for a

Social Sober Center.

Motion was made by Ted Rouillard to approve the

restructuring of the Alcoholism Commission, wi th the understanding that if

the present Members wish to stay on the Commission, they may; and approve

the concept paper for the Social Sober Center.

This motion was seconded

by Charles Langdeau and carried wi th four for, none opposed, two absent and

none not voting.

A request was received from Gregg Miller for use of the

tribal gym for basketball and volleyball for the Recovery House residents

and sober alcoholics in the community on Thursday evenings and either Saturday

or Sunday afternoons. Motion was made by Ted Rouillard to approve the request

for use of the gym on Thursday evenings and Saturday afternoons.

This motion

was seconded by Kay Gourneau and carried with five for, none opposed, one

absent and none not voting.

('13. Land ale Applications Cont'd.) - Chairman Jandreau informed the Tribal

Council of Aconversation with Floydine Randall, Realty Specialist, Lower Brule

Agency, regarding the possibility of a Buy Option with the Land Sale Applicants

for their undivided land interests.

The total val ue of their interests is

approximately $50,000.00.

On a buy option the Buyer usually pays ten percent

(10%) downpayment.

There is approximately four hundred (400) acres involved

in the land sale.

The Council concurred to have a Special Meeting on Tuesday,

12/17/86 to discuss this issue.

23. FORESTRY MEETING - Darrell Middletent gave a verbal report on the Forestry

meeting which he attended in Rapid City.

He reported that the meeting turned

out to be in regards to the Yellow Thunder Camp and Architects finding bones

on reservations and giving them to the Smithsonian Institute. At the meeting,

there was discussion of Indian traditions.

No action was taken, informational

purposes only.

24. HIP REQUEST - A letter dated December 3, 1985 was received from Charlene

Thomas requesting emergency assistance from the Tribe to buy her a house

and eventually fix it up.

She wishes to purchase a house from Kaylene LaRoche

and Blanche Big Eagle for $750.00.

Motion was made by William Ziegler to

refer Mrs. Thomas' request to the HIP Committee.

This motion was seconded

by Kay Gourneau and carried wi th four for, one opposed (Ted Rouillard), one

absent and none not voting.

Motion was made by Ted Rouillard not to accept

William Ziegler's resignation from the HIP Commi ttee because his appointment

was by Tribal Council action.

This motion was seconded by Darrell Middletent

and carried wi th four for, one opposed (William Ziegler), one absent and

none not voting.

25. RANGE UNIT 19 - A letter addressed to the Lower Brule Agency from Jim

Jandreau states that Mr. Jandreau relinquishes his Range unit #9.

A written

-5-

letter was received from Patti Moore requesting to lease Range Unit #9.

The Council discussed that the buildings which Mr. Jandreau used are a part

of the Range Unit.

William Ziegler stated that Davis Grooms and Tony LaRoche

have expressed an interest to lease Range Unit #9.

This range unit has the

capacity of about 150-175 head of cattle.

Motion was made by Darrell

Middletent to advertise that Range Unit #9 is available for lease until January

3, 1986.

This motion was seconded by .Ted . Rouillard and carried with five

for, none opposed, one absent and none not voting:

26. UNITED SIOUX TRIBES - A letter dated December 11, 1985 was received from

Clarence W. Skye, Executive Director, United Sioux Tribes regarding emergency

assistance for Tribes in need of hay.

The Hay Relief Program will be

administered by the Bureau of Indian Affairs for distribution under a formula

of the Indian Acute Distress Donation Program.

The purpose is to maintain

foundation herds on the Indian reservations.

The Bureau of Indian Affairs

will contract with the tribes under P.L. 93-638, the Indian Self-Dete~mination

Education Assistance Act.

If any funds are not commi tted prior to March

15, 1986, the funds left over are deobligated. Motion ~as made by Kay Gou~neau

to request to administer the emergency Hay Program through the regulations

as set forth in P.L. 93-638 and the dollar_s received for this program will

be also identified for use of transportation per tonage of hay to same

individuals as identified in the Emergency Grain Program.

This motion was

seconded by Ted Rouillard and carried with five for, none opposed, one absent

and none not voting.

27. COMMUNITY SURVEY - Chairman Jandreau requested approval to employ ~wo

(2) indi viduals to conduct a communi ty survey regarding unemployment rate,

fuel needs and any subject reflected in the process that shows our needs

to get through the winter.

Dollars utilized for this project will be the

EDA contractual funds.

Chairman Jandreau recommended Jeanne Bolman and Ben

Middletent be hired to conduct the survey for a period of six. (6) wee~s at

a rate of $5.00 per hour.

Motion was made by Kay Gourneau to a.ccept and

approve the recommendation of Chairman Jandreau regarding the Community Survey~

This motion was seconded by Ted Rouillard and carried wi th five for, none

opposed, one absent and none not voting.

28. PROPOSED WATER CODE - Shirley Marvin, EDA Planner entered the meeting

to discuss the Water Code Ordinance which she has completed.

The Council

concurred they will review the proposed Code at the next meeting scheduled

for Tuesday.

Ms. Marvin gave a verbal report of the projects which she ~ s

been working on.

She has been developing a questionaire for community

information and business development.

No action was taken at this time,

informational purposes.

(tI5. Pesticide Program Director Position) - Motion was made by William Ziegler

to accept the recommendation of Patti Moore, Human Resources Coordinator

to readvertise the Pesticide Program Director's for another two (2) weeks.

This motion was seconded by Kay Gourneau and carried wi th five for, none

opposed, one absent and none not voting.

ADJOURNMENT - With no further business, Chairman Jandreau entertained a motion

to adjourn.

Motion was made by Kay Gourneau to adjourn the

meeting. This motion was seconded by William Ziegler and carried

with five for, none opposed, one absent and none not voting~

CERTIFICATION

The foregoing is a true and correct transcript of Minutes of a Regular Meeting

held by the Lower Brule Sioux Tribal Council on the 4th and 12th days of

December, 1985.

-6-

Cheryll LaRoche, Recording Secretary

LOWER BRULE SIOUX TRIBAL COUNCIL

SPECIAL MEETING

December 17, 1985

PRESENT:

Michael B. Jandreau, Chairman

William Ziegler (AM Session only)

Charles Langdeau (PM Session only)

Ted Rouillard

Darrell Middletent

ALSO PRESENT:

ABSENT: Kay Gourneau

William S. Jandreau

Floydine Randall, Realty Specialist

Wanda Estes

Larry Mendoza, Operations Manager

Dave Bergren, General Counsel

The meeting was called to order at 10:50 AM by Ch~irman Jandreau.

Roll call

was taken by the Recording Secretary and the Lord's Prayer was led by Chairman

Jandreau.

LAND SALE APPLICATIONS - Chairman Jandreau stated that for a length of

time the Tribal Council has shown consideration of interest to purchase the

land from the. Bad Horse Land Sale Applicants, but didn't know about the

deferred payment plan.

Floydine Randall, Realty Specialist, Lower Brule

Agency was present during the meeting and informed the Council she was made

aware of the Plan last week.

She stated the Agreement would be between the

Land Owner and the Buyer for a down payment wi th a negotiated price.

The

minimum down payment is ten percent (10%) and whatever the Tribe negotiates

out.

The Tribe would go by the appraised value and the rest would be the

same as a land sale.

The interest rate would be seven percent (7%) of the

unpaid balance and that would be negotiated between the two (2) parties.

The BIA, Lower Brule Agency would need a resolution from the Tribe, the dollars

would have to be on deposit then the Agency would prepare the Deed Documents

and held in an escrow account until final payments are made.

Bureau of Indian

Affairs will distribute the dollars.

Chairman Jandreau informed the Council

they could modify the budget for a down payment.

Mrs. Randall stated that

when the documents are completed, they will be sent to the Aberdeen Area

Office for approval.

The BIA would have to have correspondence from the

Land Owner accepting the down payment offer.

After down payment is made,

the Tribe has use of the land and can lease it out.

A resolution is needed

as an offer in the event that the Land Owner accepts that.

Chairman Jandreau

suggested the Council modify the budget and establish $10,000.00 out of the

treasury funds but not make the transfer until all Land Owners are in

agreement.

Mrs. Randall informed the Council that the lease payments are

made for 1986, and the BIA will deduct that amount and return it to the Tribe,

as long as the purchase is made during that permit period.

Motion was made

by Darrell Middletent to adopt a resolution for an offer of twenty percent

(20%) as a down payment to all Land Owners who wish to sell their undivided

interests in Allotments LB-2032, LB-2032, and LB-2024, and the remaining

balance would be paid wi thin two ( 2 ) years in two (2 ) equal payments to be

made on December 1st of each year, and make an interest payment of seven

percent (7%), and purchase mineral interests, if the Land Owner wishes to

sell them; and authorize modification of the budget for whatever amount will

be necessary.

This motion was seconded by Ted Rouillard and carried wi th

~hree for, none opposed, three absent and none not voting.

-1-

DEADSTART MEETING

There· will be a Headstart meeting in Washington,

D.C. on January 7-11, 1986.

Chairman Jandreau asked that authorization be

given to those Council Members who wish to attend.

Motion was made by Ted

Rouillard to authorize travel expenditures to any Council Member who wishes

to attend the Headstart meeting.

This motion was seconded by Darrell

Middletent and carried wi th three for, none opposed, three absent and none

not voting.

L.B. HOUSING AUTHORITY - A letter dated 12/16/85 was received from Debra

M. Isburg, Executive Director, L.B. Housing Authority, requesting the use

of the insulation that the Tribe has stored in the Storage Building located

near the Rodeo Grounds.

The insulation will be used to insulate Housing

Units where there is a request by the tenant to assist them in defraying

utility expenses.

Mrs. Isburg's letter states Mutual Help and Turnkey III

tenant requests will be asked to pay for any labor charges if the work is

done by regular Housing Authori ty maintenance staff.

However, if there are

available TWEP Workers, this service can be provided with no charge to Mutual

Help and Turnkey III tenants.

Motion was made by Darrell Middletent to

encourage the use of TWEP workers for all tenants and homeowners regarding

insulating houses, and this would include no charge to Mutual Help and Turnkey

III tenants.

This motion was seconded by William Ziegler and carried wi th

three for, none opposed, three absent and none not voting.

TRIBAL WATER CODE - The Tribal Council concurred to

on the proposed Water Code until the next regular meeting.

table

any

action

5. TRIBE VS. STATE OF SOUTH DAKOTA - Dave Bergren, General Counsel is present

to discuss the law sui t between the Tribe and State of South Dakota, that's

on the non-Indian portion, jurisdiction wi thin the exterior boundaries of

the reservation.

BANK NOTE - In reference to the Bank Note due at Tri-County State Bank,

motion was made by Ted Rouillard to renegotiate the note due at Tri-County

State Bank with a payment of $4,000.03 for the interest due and the remainder

of the note will be made in quarterly payments, for a two (2) year period.

This motion was seconded by Darrell Middletent and carried wi th three for,

none opposed, three absent and none not voting.

7. ACCOUNTS PAYABLES - Larry Mendoza, Operations Manager entered the meeting

and informed the Council there is an immediate need to make a payment on

the IBM Computer and software package.

He informed the Council of the present

balance.

RECESS

The meeting recessed for the noon hour and to reconvene at 1: 00

PM.

The meeting reconvened at 1:55 PM with the same Members being

present including Charles Langdeau.

Absent were Kay Gourneau,

William S. Jandreau and William Ziegler.

('5. Tribe vs. State of South Dakota Cont'd.) - Dave Bergren informed the

Council of his discussion with Mr. Craig Eickstad, State Representative and

Chairman Jandreau's discussion wi th the Governor regarding our court case

wi th the State of South Dakota.

Mr. Bergren said that if the Tribe wants,

the case can be settled.

Chairman Jandreau stated that we are forced in

a position and have no alternative but to take a stance to enforce the laws

for everyone who crosses the exterior boundaries of the reservation.

Mr.

Bergren doesn't feel the Tribe will lose anything if the State agrees and

the Tribe reci tes they have certain rights whether agreed to or not by the

State of South Dakota, and the State could do the same.

Chairman Jandreau

said the issue here is hunting and fishing wi thin the exterior boundaries

of the reservation.

Mr. Bergren said the Tribe could consider a two fold

-2-

and if an agreement can be wri tten to protect the Tribe, that the Tribe has

rights without defining them.

Chairman Jandreau said that has been tried

before but the Attorney General's Office said the State has jurisdiction

over non-Indians and the Tribe has jurisdiction over Indians, and the Tribe

has maintained jurisdiction over Indians.

Mr. Bergren suggested the Tribal

Council decide what they could live with and then meet with the State

officials.

Discussion was held regarding license fees, game refuges, etc.

Mr. Bergren said under the Federal wildlife Act & Treaty, it gives the Tribe

half ownership of the river.

Discussion was held in reference to the Tribe's

case against Merrill Karlen.

The Tribe hasn' t received a court settlement

yet.

Mr. Bergren suggested the agreement would be whoever comes to hunt

has to buy a license and if not, the Tribe would prosecute, or the Tribe

would prosecute Indians and the State prosecute non-Indians, then remi t the

court fees to the Tribe.

Mr. Bergren said a safe agreement would be anything

within the confines of the reservation, if no license then arrest, only

question is where and who prosecutes.

Mr. Bergren said he would see if the

State was amidable to negotiate a license for all hunters within the exterior

boundaries of the reservation and Indians be prosecuted in Tribal Court and

non-Indians be prosecuted in State Court.

Motion was made by Charles Langdeau

to have Dave Bergren research the possibili ties of an agreement wi th the

State of South Dakota, and report his findings at the meeting on January

8, 1986.

This motion was seconded by Ted Rouillard and carried wi th three

for, none opposed, three absent and none not voting.

8. REPAIR & SALES BUSINESS - A letter dated 12/17/85 was received from Orville

C. Langdeau, Sr., requesting permission to operate a repair and sales business

on his homesite.

Motion was made by Ted Rouillard to approve Mr. Langdeau's

request.

This motion was seconded by Charles Langdeau and carried with three

for, none opposed, three absent and none not voting.

('7. Accounts Payables Cont'd.)

Mr. Mendoza informed the Council there

is a list of expenditures to be made from the General Fund.

Discussed and

reviewed the revenue and expendi tures balances.

Mr. Mendoza informed the

Council that all the indirect cost for FY' 86 has been drawn.

Some of the

expendi tures go back to May, 1985.

There has been seven (7) pay periods

already in FY' 86.

Discussion held regarding the payment of interest due

on the note at Tri-County State Bank.

Larry Mendoza recommended that Chairman

Jandreau ask the Lower Brule Construction Company for $50, 000. 00 to be put

in the operating budget.

Discussion was held regarding information not being

put into the computer for the L. B. Construction Company except for January

through May, 1985.

The information put into the computer was not verified.

Auditing for the Construction Company is being done by Ron Tedrow.

The L.B.

Construction Company Board hasn't signed Gaylord Choal' s employment contract

yet.

The Construction Company is paying another individual at the Finance

Office, half time, to enter information into the computer for them.

SIDNEY

FLORES

Chairman

Jandreau

informed

the

Council

his

letter

to Sidney Flores regarding payment in full for his previous services by the

last Council Administration.

If Mr. Flores responds to Chairman Jandreau's

letter, then final payment of $12, 000. 00 will be paid to Mr. Flores at the

end of this month.

10. COMMUNITY SURVEY - Chairman Jandreau informed the Council that he wishes

to continue employing the two (2) individuals conducting the community survey,

who's salaries come out of the EDA contractual funds, instead of the original

six (6) weeks.

ADJOURNMENT - With no further business, Chairman Jandreau entertained a motion

to adjourn the meeting.

Motion was made by Charles Langdeau

to adjourn the meeting.

This motion was seconded by Darrell

-3-

Middletent and carried with

absent and none not voting.

three

for,

none

opposed,

three

CERTIFICATION

The foregoing is a true and correct transcript of Minutes of a Special Meeting

held by the Lower Brule Sioux Tribal Council on the 17th day of December,

1985.

Cheryll LaRoche, Recording Secretary

-4-

LOWER BRULE SIOUX TRIBAL COUNCIL

SPECIAL MEETING

January 3, 1986

PRESENT:

Michael B. Jandreau, Chairman

Kay Gourneau

William Ziegler

Ted Rouillard

Darrell Middletent (arrived late)

William S. Jandreau

ALSO PRESENT:

ABSENT: Charles Langdeau

Edwin L. Miller, Superintendent

The meeting was called to order by Chairman Jandreau at 10:40 AM.

Roll call

was taken by the Recording Secretary and the Lord's Prayer was led by Chairman

Jandreau.

1. EMERGENCY BAY CONTRACT - Chairman Jandreau informed the Council the reason

for this meeting is because the Emergency Hay Contract was received on January

2, 1986, but was signed on December 24, 1985.

Our Tribe has been allocated

$100,000.00 for purchase of hay and transportation.

The BIA will identify

the allowance share for hay and transportation.

It will be computed by a

percentage of the grain that each operator was eligible for.

The amounts

allocated for each operator range from $376.00 to $10,000.00.

A moni toring

scheme must be developed and submitted to the Aberdeen Area Office by

Superintendent Miller.

Chairman Jandreau suggested to contact each Cattle

Operator and see if they could each get their own hay and transportation.

Identify a certain amount for hay and transportation and if they over expend,

then the Cattle Operator would pay the balance.

The hay must be on their

range uni t before payment of the invoice is made.

The maximum amounts are

$2.00 per loaded mile and $lOO.OO/ton of hay.

The invoice must be validated

by a BIA Official that their hay is there before payment of the invoice is

made.

Superintendent Miller stated that the individuals need to obligate

their allocation by February 24, 1986 or the Aberdeen Area Office will take

the funds and obligate somewhere else.

There is no limi t to the distance

where the hay can be purchased and transported.

(Darrell Middletent arri ved

at this time.) Chairman Jandreau informed the Council that Gaylord Choal,

Manager, LBCC, said they could be hired to transport the hay, if the Cattle

Operator wishes.

Chairman Jandreau stated if the Trucker wants payment

immediately, then the Cattle Operator can use the letter, we will forward

them, as collateral for a loan at a bank, then payment will be made to the

bank when the invoice is validated.

Discussion was held in regards to how

much hay each Cattle Operator presently has, and that they will run out of

hay before the end of January.

Motion was made by Kay Gourneau to administer

the Emergency Hay Contract as discussed wi th the involvement of the Cattle

Operators.

This motion was seconded by Ted Rouillard and carried wi th five

for, none opposed, one absent and none not voting.

The amount ultimately

allocated to the Cattle Operators will be all they will receive for purchase

of hay and transportation.

The BIA must inspect and validate the invoice

that those are appropriate purchases and can't exceed the dollars allocated.

The expenditures must be entirely obligated by February 23, 1986.

The Cattle

Operators must either contact Mr. Miller or Chairman Jandreau when they locate

the hay they will purchase.

Start immediately by notifying each Cattle

Operator by telephone and inform them a letter will be forthcoming.

-1-

ANNUAL LEAVE PAYMENT - Gwen Jandreau was layed off from her position

at the Day Care Center.

She has been a permanent employee since April 23,

1985 and has accumulated annual leave.

Mrs. Jandreau, through a Council

Member, has requested payment for her annual leave.

The annual leave must

be paid from the General Fund because there are no funds in the Day Care

account.

Motion was made by Kay Gourneau to approve payment to Gwen Jandreau

for her annual leave.

This motion was seconded by William Ziegler and carried

with five for, none opposed, one absent and none not voting.

ADJOURNMENT - With no further business, Chairman Jandreau entertained a motion

to adjourn the meeting.

Motion was made by Kay Gourneau to

adjourn the meeting.

This motion was seconded by Ted Rouillard

and carried with five for, none opposed, one absent and none

not voting.

CERTIFICATION

The foregoing is a true and correct transcript of Minutes held by the Lower

Brule Sioux Tribal Council on the 3rd day of January, 1986.

Cheryll LaRoche, Recording Secretary

-2-

LOWER BRULE SIOUX TRIBAL COUNCIL

REGULAR MEETING

January 8, 1986

PRESENT:

Michael B. Jandreau, Chairman

(arrived late)

Kay Gourneau

William Ziegler

Ted Rouillard

Darrell Middletent

Charles Langdeau

William S. Jandreau

ALSO PRESENT:

ABSENT: None

Tom Hanke, Farm Manager

Kim Thompson, Wildlife Management Director

Barry Betts, BIA Biologist

Marvin Olson, Acting Superintendent

Dave Bergren, General Counsel

Roy Griffith, Social Services

Larry Mendoza, Operations Manager

The meeting was called to order by Acting Chairperson Kay Gourneau at 10: 45

AM.

Roll call was taken by the Recording Secretary and the Lord's Prayer

was led by Chaplain Langdeau.

1. L.B. FARM CORPORATION - Tom Hanke, Farm Manager was present for the meeting

and informed the Council of the basic financial numbers from the Farm

Corporation for 1985.

Mr. Hanke informed the Council that it was a very

good year this year and financially similar to last year. Mr. Hanke presented

the Council wi th a check in the amount of $194,960 as the Tribe's dividend.

Mr. Hanke gave the Council copies of the Farm's audi t, which was done by

J. Noonan & Company, Sioux Falls, SD.

He said the crop was less this year

than last year due to the hail insurance adjustment. Mr. Hanke gave a verbal

report on the crops produced.

He said the Farm is still recovering from

the loss taken in the years 1981 and 1982.

Can't go wi th the same acreage

of corn next year because of the required set aside acres. He told the Council

that he reports future plans to the Farm Board. Mr. Hanke informed the Council

there will be no radical changes in the upcoming planting season. The Council

reviewed the audit report.

Mr. Hanke said the milo is still in the reserve

program and has been in storage since before he came back to work wi th the

Farm.

He will probably deliver that grain to Reliance next year in March

when the milo price comes up.

Mr. Hanke informed the Council that no dollars

are owed by the Farm Corporation to the Tribe, they are all paid off.

(Chairman Jandreau arrived at this time.)

The Council reviewed the Fertilizer

Budget.

Tom H. doesn't feel that Rural Ventures held up to their contract

regarding Mini-Farms.

He said we can't sell fresh produce from the Mini-Farm

because we're out in the middle of nowhere.

Mr. Hanke said we lost twenty

(20) acres of ground that could have generated income.

The Farm Corporation

didn't charge Mini-Farms for anything such as lease, water, electricity,

etc. Tom Hanke suggested the Tribe do Mini-Farms on a small basis to hopefully

home in on something profitable.

RECESS -

The meeting recessed for the noon hour and will reconvene at 1: 00

PM. The meeting reconvened at 1:15 PM with the same Members present.

-1-

2. WILDLIFE MANAGEMENT PROGRAM - Kim K. Thompson, Wildlife Management Program

Director and Berry Betts, BIA Biologist were present during the meeting to

submit a Report and Recommendations for a Turkey/Prairie Chicken Trade between

the Tribe and state of South Dakota.

Also an Elk Project wi th the Windcave

National Park Service and review of the FY'86 Budget planning.

The Elk Project

would be to obtain twenty-five (25) more Elk and the costs would be for the

helicopter roundup, veternarian and transportation fees.

The cost per animal

is about $100.00, and we're requesting twenty-five (25).

The Windcave National

Park Service plan on trapping two hundred (200) elk.

The Tribes have first

preference on obtaining the surplus elk.

The first step is to coordinate

a meeting on Friday, authorize someone that can obligate an amount of dollars,

and sign the Memorandum of Agreement that this project will be done.

Chairman

Jandreau informed the Council that he reviewed the documents previously.

Chairman Jandreau feels the elk herd hasn't generated the Tribe that much

money.

Berry Betts, BIA Biologist, feels that fifteen (15) Buffalo would

be a nice base herd.

He said nobody ever asks for Bull Buffalo licenses

but there is a strong demand for elk.

The Council discussed selling ten

(10) Bull Buffalo.

Mr. Betts said they would bai t the buffalo by strings

of hay and take to the sale in February.

They will haul the buffalo by use

of a cattle truck.

Mr. Betts estimates that after expenses about $3,000.00

will be profit from the buffalo plus the Tribe will have twenty-five (25)

more elk than they have now.

He said they are still doing a feasibili ty

study on increasing the unit someday.

(William Ziegler and Chairman Jandreau

left the meeting at this time.)

There may be up to ten (10) elk permi ts

available this year.

Mr. Betts said they do a test on all the animals that

go out of here and they have checked out healthy.

He wants to set out salt

blocks and trace mineral blocks.

Motion was made by Charles Langdeau to

adopt a resolution approving the Elk Project wi th the amendment that ten

(10) Bull Buffalo will be sold, and authorize Chairman Jandreau to sign all

official necessary documents.

This motion was seconded by Ted Rouillard

and carried with four for, none opposed, two absent and none not voting.

In regards to the Turkey/Prairie Chicken Trade between the Tribe and State

of South Dakota, Mr. Betts and Mr. Thompson have been in contact wi th the

Regional Office of the Game, Fish & Parks at Rapid City.

They said we have

good turkey habitat here on the reservation.

Motion was made by Ted Rouillard

to approve the Turkey/Prairie Chicken Trade wi th the State of South Dakota.

This motion was seconded by Darrell Middletent and carried wi th four for,

none opposed, two absent and none not voting.

In regards to the FY-86 Budget

Plan for the Wildlife Management Program, there is a need for a letter that

the Tribe wants to renew the contract under P.L. 93-638 for FY'86.

Mr.

Thompson wanted to the Tribal Council to be aware.

He reported that he had

seven (7) employees, and now has five (5).

He layed off two (2) temporary

individuals.

Advertisement for the wildlife Management Program Secretary

position has closed.

Kim Thompson, Director and Patti Moore, Human Resources

Coordinator recommended Kara Gourneau be selected for the position on a

permanent basis. Motion was made by Darrell Middletent to select Kara Gourneau

as the Wildlife Management Program Secretary on a permanent basis.

This

motion was seconded by Ted Rouillard and carried with four for, none opposed,

two absent and none not voting.

(Chairman Jandreau and William Ziegler

returned to the meeting at this time.)

NEAR RESERVATION ISSUE - Mr. Roy Griffith, Social Services, Lower Brule

Agency was present during the meeting to discuss the near reservation issue.

Resolution No. 83-38A adopted on July 18, 1983 was transmi tted to the BIA,

Lower Brule Agency and listed seven (7) counties as Near Reservation Areas.

As per Memorandum dated 9/23/83, Mr. Miller, Superintendent, concurred wi th

the designation of the counties listed in the resolution.

His memorandum

stated there are Lower Brule tribal members living in those counties and

it is administratively feasible to provide services to the areas listed.

-2-

A letter dated November 25, 1985 was received from Hary Heitmann, Assistant

Area

Director,

Indian

Programs

informing

Chairman

Jandreau,

through

Superintendent Miller, that Tribal Resolution No. 83-38A has been denied

by the Acting Deputy Assistant Secretary under the effective date of November

14, 1985.

He stated in the letter that one reason for this denial by the

BIA is due to the lack of increased administrative funding which would be

required to provide an adequate level of service to the serving area.

The

Aberdeen Area funding level has not been increased and the BIA does not expect

to receive an increase in administrative funds.

Mr. Griffi th informed the

Council that in the past few years his office has been providing services

to near areas.

Chairman Jandreau suggested the Council direct Dave Bergren,

General Counsel to wri te a letter wi th the legalese and inform the BIA that

its too late for denial of the resolution and the BIA should be providing

services

these

people.

Mr.

Griffi th

informed

the

Council

that

Superintendent Miller directed him to start terminating services.

He presently

has six (6) cases.

Chairman Jandreau informed the Council that in accordance

to our Constitution, the time limit has expired to deny the resolution.

Motion was made by Ted Rouillard to direct Dave Bergren, General Counsel,

to respond to this letter dated 11/25/85 from the Assistant Area Director,

Indian Programs.

This motion was seconded by Kay Gourneau and carried wi th

six for, none opposed, none absent and none not voting.

4. GENERAL COUNSEL INVOICES - Two (2) billings were submitted by Dave Bergren,

General Counsel for the period of August 14, 1985 through December 19, 1985.

General Counsel-l07 Billing in the amount of $687.03 and CETA-104 Billing

in the amount of $546.20 were reviewed by the Council.

Motion was made by

Charles Langdeau to authorize payment to General Counsel, Dave Bergren, for

the billings covering the period of 8/14/85 through 12/19/85, in the approved

amounts.

This motion was seconded by William S. Jandreau and carried wi th

five for, none opposed, one absent and none not voting.

TRIBE VS. MERRILL KARLEN - Dave Bergren, General Counsel, informed the

Council that he was sent the disclosure statement regarding the Merrill Karlen

judgement and it doesn't include the Tribe, and the BIA never filed a Proof

of Claim.

Mr. Bergren has drafted a document for a Disclosure Claim.

is objecting to their proposed plan.

He said the Tribe is shown as a disputed

claim and unsecured creditor.

He informed the Council that because our case

was a judgement, we're enti tIed to a payment.

Mr. Bergren suggested the

Council could direct Superintendent Miller to file a claim and objection

on behalf of the Tribe.

HUNTING & FISHING CASE - Dave Bergren informed the Council of his meeting

wi th Craig Eichstad and the State Attorney General.

He said they reached

an agreement and he wants to see if the Tribe approves it.

Mr. Bergren said

the principle remains the same, the Tribe contends that wi thin the center

of the reservation (middle of the river), hunters need to have a license

to hunt or fish, and the State agrees to enforce our regulations and if Indians

are arrested, we handle the cases, and if non-Indians are arrested, the state

handles the cases.

Mr. Bergren said the issue was primarily hunting on Corp

land, as far as the State was concerned.

He said the issue today is the

cross deputization and training in this area.

Mr. Bergren said we will ask

the State to have proper certification of officers.

He said an arrest may

be made by either party and the violaters will be prosecuted by the

jurisdiction authori ties.

Mr. Bergren informed the Council that as far as

the State was concerned, hunters have to have both licenses on Corp and Deeded

land.

GENERAL COUNSEL CONTRACT - Dave Bergren's General Counsel Contract wi th

the Tribe will be ending this month.

Motion was made by Charles Langdeau

to renew Dave Bergren I s General Counsel Contract wi th the Tribe for another

-3-

year provided Mr. Bergren agrees to the same rate.

This motion was seconded

by William S. Jandreau and carried wi th six for, none opposed, none absent

and none not voting.

Motion was made by Ted Rouillard to authorize Chairman

Jandreau to sign the General Counsel Contract.

This motion was seconded

by Kay Gourneau and carried with six for, none opposed, none absent and none

not voting.

RANGE UNIT 19 - The Council had previously taken action to advertise

through 1/03/86, Range Unit #9 for lease.

Two (2) applications and one (1)

written letter was received requesting approval for lease of Range Unit #9.

The three (3) Individuals were Patti Moore, John Langdeau, and Rose McCauley.

Mrs. McCauley stated in her letter she was requesting the lease for her son

John McCauley. No action was taken at this time.

JOHNSON O'MALLEY DISTRIBUTION FORMULA - A Memorandum dated December 17,

1985 from Harry Eagle Bull, Area Education Programs Administrator, regarding

a tribal vote on Johnson O'Malley Distribution Formula.

The memorandum stated

that with the reinstatement of JOM into the FY'86 budget the formula options

have been resurrected and are being sent to the eligible tribes for a yote.

William Schmidt, Superintendent of Schools, delivered the Memorandum to the

Tribal Office and said the Council needs to vote on Option #4.

The Council

reviewed the document and Chairman Jandreau suggested he would review this

document wi th Mr. Schmidt to determine the proces~ which the Tribe should

follow.

The Council concurred with Chairman Jandreau suggestion.

10. CIVIL DISOBEDIENCE STATUTE - A letter dated January 6, 1986 was received

from Larry D. Hollmann, Tribal Prosecutor concerning a need for a civil

disobedience statute.

The purpose of this statute would allow the court

system to better deal wi th violations of restraining orders issued by the

judicial system.

Mr. Hollmann stated that this was also a concern of Judge

Stan Whi ting and Associate Judge Shirley Flute.

When the present Law and

Order Code was redrafted and adopted, the section regarding "Disobedience

To Lawful Orders Of The Court" were erroneously omi tted.

Motion was made

by Kay Gourneau to reinstate, by Ordinance, the "Disobedience To Lawful Orders

Of The Court" Section in the present Law & Order Code.

This motion was

seconded by Darrell Middletent and carried with five for, none opposed, one

absent and none not voting.

11. ISSUE OF BOOTLEGGERS

A letter was received from Mary Middletent

requesting the Council to do something about the "Bootleggers" on this

reservation.

The Council discussed that they have taken previous action

regarding this issue.

Chairman Jandreau feels that the dope selling in the

communi ty is also rapid.

Ted Rouillard suggested the Tribe should wri te

letters to the Aberdeen Area Director and our Congressional Delegates to

get something done about this.

Discussion was held regarding that if a

non-Indian is involved in dealing with dope, the Tribe could have the State

move in and make an arrest of have the State Officials make an arrest in

the case of liquor being transported to the reservation.

William Ziegler

said the issue here is bootleggers, not the quantity of liquor on the

reservation.

Chairman Jandreau said he has heard of kids ten (10) and eleven

(11) years of age, selling marijuana at school and nothing is being done

about it.

Marvin Olson, Acting Superintendent told the Council that he will

inform Superintendent Miller of this discussion.

The Council discussed

regarding the Bootleggers, there are approximately three (3) full time good

suppliers, liquor store type and the others are small.

There are at least

six (6) dope suppliers.

The Tribe hasn' t received a response from the BIA

on the Liquor Referendum Vote.

Motion was made by Kay Gourneau to schedule

a meeting regarding enforcing laws on the issues of Bootleggers and sale

of drugs on this Reservation.

Individuals requested to participate in this

meeting will be Edwin L. Miller, Superintendent, Dr. Jerry Jaeger, Area

-4-

Director,

AAO,

Virgil

Randall,

Police

Captain,

Art

Batin,

Criminal

Investigator, and Aberdeen Area Office Representatives in the Law Enforcement

Division.

This meeting is to be scheduled as soon as possible.

This motion

was seconded by Ted Rouillard and carried wi th six for, none opposed, none

absent and none not voting.

ALCOHOLISM PROGRAM

A Memorandum dated January 7, 1986 was received

from Greg Miller, Alcoholism Program Director, requesting the use of the

Transit Bus to transport recovering alcoholics to the AA Meetings, two nights

a week.

Mr. Miller stated the Program would provide a qualified driver and

work out something for gas payment.

Motion was made by Darrell Middletent

to approve use of the Transi t Bus for the Alcoholi sm Program.

Thi s motion

was seconded by Kay Gourneau and carried with six for, none opposed, none

absent and none not voting.

12.

13. TRIBAL COUNCIL MILEAGE - Motion was made by Ted Rouillard to approve

payment of mileage in the amount of $99.90 to William Ziegler.

This motion

was seconded by Charles Langdeau and carried with six for, none opposed,

none absent and none not voting.

TRAINING SCHEDULES - There will be a Seminar concerning Tribes and their

sovereign power to tax in New Orleans on February 12-13-14, 1986.

There

will be a Tax Training Seminar in Pierre, South Dakota, on January 13-14-15,

1986.

Motion was made by Ted Rouillard to approve and authorize travel

expenditures for anybody who wishes to attend the Seminars.

This motion

was seconded by Darrell Middletent and carried wi th six for, none opposed,

none absent and none not voting.

There will be a Black Hills Steering

Commi ttee meeting in Rapid Ci ty on January 30, 1986.

There is a need for

Council action to approve travel for a Council Member and Representative.

Motion was made by Darrell Middletent to approve and authorize travel

expenditures for Council Members and Representatives to attend the Black

Hills Steering Commi ttee meeting on 1/30/86.

This motion was seconded by

William Ziegler and carried with six for, none opposed, none absent and none

not voting.

14.

CHILD PROTECTION PROJECT FY'S6

The Tribe desires funding for the

continuance of the child protection services, family counseling and licensing

of Indian foster family homes.

Based on the CFR guildines, $50,000.00 is

needed to continue the project for the coming year. Motion was made by Darrell

Middletent to adopt a resolution to support and direct that the proposal

on the subject program be funded for another year.

This motion was seconded

by Charles Langdeau and carried wi th six for, none opposed, none absent and

none not voting.

15.

TRIBAL LAND FOR LEASE - A letter dated December 18, 1985 was recei ved

from Superintendent Miller notifying the Council there are three (3) tracts

of tribal land for lease.

Two ( 2 ) tracts were formally leased to James

Jandreau and one (1) tract formally leased to Larry & Bart Ness.

Motion

was made Charles Langdeau to table action on the two (2) tracts of land

formerly leased to James Jandreau until such time a decision is made on Range

Unit #9.

This motion was seconded by Ted Rouillard and carried with six

for, none opposed, none absent and none not voting. Motion was made by Charles

Langdeau to table a decision on the other tract of land formerly leased by

Larry & Bart Ness until such time Chairman Jandreau makes contact wi th them

to find out what they wish to do wi th the lease, and if they don't wish to

lease this tribal land, then the Tribe will advertise it for lease.

This

motion was seconded by Darrell Middletent and carried wi th six for, none

opposed, none absent and none not voting.

16.

17.

LAND

SALE

APPLICATIONS

The

Tribal

-5-

Council

had

taken

action

to purchase the undivided land interests from the Bad Horse Heirs, as per

a Buy Option.

The Tribe transmi tted a letter to the heirs on our proposal

for the land sale but have not received a response from all the Applicants.

The Tribe has received two (2) responses that wish to sell and one (1) who

does not.

Chairman Jandreau suggested to table any action until more responses

are received, by the next regular meeting, unless the Council wants to take

a blanket action as the responses comes in.

It was the concensus of the

Council to write a follow-up letter to the Applicants that they must respond

to the Tribe's proposal by the next regular meeting.

A letter dated December

19, 1985 was received from Edwin Miller, Superintendent, with attached copies

of Land Sale Applications for undivided interests in LB-4 70, Stroking Wing

Allotment from Mr. Lawrence Rufus Crow of Eagle Butte, and Mr. Patrick Crow

of Cherry Creek, for Tribal Council consideration.

Motion was made by Ted

Rouillard to request appraisals from the BIA, Lower Brule Agency on the above

mentioned allotment.

This motion was seconded by Kay Gourneau and carried

with six for, none opposed, none absent and none not voting.

18. TRANSIT PROGRAM - Larry Mendoza, Operations Manager entered the meeting

to discuss the Transit Program contract.

He informed the Council that we're

suppose to get the contract on the Transi t Program in March or April but

there is an immediate need of funds for gas, insurance, etc.

An amount of

$2,500.00 for insurance hasn't been paid.

There is a need for $6,500.00

to continue the program.

Discussion was held regarding the Day Care Program.

Day Care has one (1) regular employee and six (6) TWEP workers.

Motion was

made by Kay Gourneau to direct Larry Mendoza to schedule a meeting wi th

appropriate officials to plan on how this program will be set up.

This motion

was seconded by Darrell Middletent and carried wi th six for, none opposed,

none absent and none not voting.

19. EDA CONSULTANT AGREEMENTS

Shirley Marvin, EDA Planner, submi tted a

Consultant Agreement from Bryan B. Charging Cloud, First Computer Concepts,

and Capitol Enterprises, for payment of consulting services.

Chairman Jandreau

informed the Council that Ms. Marvin didn't receive prior authorization before

employing these consultants.

The Council concurred to discuss these consultant

agreements at the meeting when they discuss the Transit Program.

20. LANDLORD TENANT CODE - Recommendations to the proposed Landlord Tenant

Code was received from Dave Bergren, General Counsel, on 12/10/86.

Motion

was made by Kay Gourneau to approve the proposed Landlord Tenant Code, wi th

recommendations, and adopt the draft resolution of support.

This motion

was seconded by Charles Langdeau and carried with five for, none opposed,

one absent and none not voting.

21. RODEO BUCKLE - Last Fall a check came to the Tribe from Jim Coleman,

American Indian Credi t Consorti urn, Rapid Ci ty to purchase a Buckle for the

1985 L.B. Annual Fair & Rodeo All-Around Cowboy.

The buckle was won by Tye

Cowan, but was just received C.O.D. at the Post Office in Eagle Butte. Motion

was made by Kay Gourneau to pay the C.O.D. charges for the Buckle awarded

to Tye Cowan.

This motion was seconded by Charles Langdeau and carried with

five for, none opposed, one absent and none not voting.

22. 1986 DIABETES PROPOSAL

A Memorandum dated 1/8/86 was received from

Pat Quirk, Health Educator requesting a letter of support from the Tribe

for the proposed 1986 Diabetes Proposal.

The maximum money available is

$7,500.00.

Motion was made by Kay Gourneau to transmit a letter of support

for the 1986 Diabetes Proposal, to Ms. Quirk.

This motion was seconded by

Charles Langdeau and carried with five for, none opposed, one absent and

none not voting.

23.

APPEAL

HEARING

A letter

was

received

-6-

from A.DeWayne Goodface

request

an appeal hearing regarding his verbal resignation as DOR Director, in December

of 1984.

Motion was made by Kay Gourneau to direct Chairman Jandreau to

prepare a response to Mr. Goodface, as per the Personnel Policies 'and the

Consti tution & Bylaws of the Tribe, the time for an appeal has expired.

This motion was seconded by William S. Jandreau and carried with five for,

none opposed, one absent and none not voting.

24. TECHNICAL ASSISTANCE FROM UST - A Memorandum was submitted by Shirley

Marvin, EDA Planner attached with a draft letter to Clarence Skye, Executive

Director, Uni ted Sioux Tribe.

Several people have been in requesting help

wi th loan packages, and since Stan Collins does have a background in the

BIA forms, Ms. Marvin thought the Tribe could use his services at no cost.

Motion was made by Darrell Middletent to authorize Chairman Jandreau's

signature on the letter to Mr. Skye, requesting Stan Collins' services, at

no cost to the Tribe.

This motion was seconded by William S. Jandreau and

carried with five for, none opposed, one absent and none not voting.

25. PROPOSAL TO GAME, FISH & PARKS - Shirley Marvin, EDA Planner is preparing

a proposal for renovation of the Ball Field through the State of South Dakota,

Game, Fish & Parks.

Ms. Marvin submi tted a draft resolution to be adopted

for the proposal package.

Motion was made by Kay Gourneau to adopt the draft

resolution.

This motion was seconded by Darrell Middletent and carried with

five for, none opposed, one absent and none not voting.

JTPA PARTICIPANT POSITIONS

A list of ratings for selection of four

(4) JTPA Participant positions were submitted by Eyvonne Dupris, JTPA Director.

The posi tions were for a Jani torial Maintenance Trainee, Housing Authori ty

Maintenance Trainee, Administrative Office Aide, and Law & Order Clerk Trainee.

Motion was made by Kay Gourneau to accept the Director's recommendation of

the Applicant's ratings for these positions.

This motion was seconded by

Darrell Middletent and carried wi th fi ve for, none opposed, one absent and

none not voting.

26.

27. OPERATING BUDGET - Larry Mendoza, Operations Manager entered the meeting

and informed the Council there is a problem wi th the support dollars.

The

support dollars have all been expended and the Tribe is now spending our

direct funds.

The Indirect Cost Proposal has to be submitted in March, 1986.

Discussion was held regarding personnel costs for the Judicial Contract.

Chairman Jandreau suggested to have Mr. Mendoza schedule a meeting with

Aberdeen Area Office Officials to clarify the contracts and indirect cost

situation. The Tribal Council concurred with Chairman Jandreau's suggestion.

28. REQUEST FOR LOAN - A letter was received from Lynda Abrahamson requesting

a loan in the amount of $15,000.00 from the Tribe.

If they can't approve

a loan for $15,000.00, then possibly $9,000.00.

Motion was made by Kay

Gourneau to inform Ms. Abrahamson that funds are not available to grant her

loan request.

This motion was seconded by Charles Langdeau and carried with

five for, none opposed, one absent and none not voting.

29. EDUCATIONAL GRANT ASSISTANCE - A letter was received from Emery Flute

requesting for help in getting to school in Albuquerque, N .M.

Mr. Flute

has been accepted at SIPI.

He needs $150.00 for a plane ticket to Albuquerque,

N.M. from Rapid City, SD.

He has requested assistance through the BrA but

has been denied because the have previously assisted him.

Motion was made

by Kay Gourneau to notify the BrA as per the request of Emery Flute regarding

$150.00 for transportation to Albuquerque, N.M., and if the BrA is unable

to assist Mr. Flute, the Tribe will grant him $150.00 from the Educational

Grant Assistance Fund, and the check will be made payable to the Airlines.

This motion was seconded by Darrell Middletent and carried wi th five for,

none opposed, one absent and none not voting.

-7-

30. TRASH PICKUP - Darrell Middletent informed the Council that Lenora Dewitt

has asked if Alvin Johnson, Sr. picks up trash in front of houses now that

we have trash dumpsters.

The Council concurred to have Chairman Jandreau

write a letter to Mr. Johnson regarding trash pick up for the Elderly.

(18. Range unit 19 Cont'd.) - Marvin Olson, Acting Superintendent suggested

to schedule a meeting with the Individuals who have applied for lease of

Range unit #9, to see how they will finance the payments.

Ted Rouillard

recommended the Council appoint a Land Committee and refer the issue of Range

Uni t #9 to the Commi ttee for a recommendation to the Council.

Motion was

made by Ted Rouillard to appoint a five (5) member Land Committee consisting

of Darrell Middletent, Charles Langdeau, Michael B. Jandreau, Fri tz LaRoche

and Mike Durkin.

ADJOURNMENT - With no further business, Chairman Jandreau entertained a motion

to adjourn.

Motion was made by Kay Gourneau to adjourn the

meeting.

This motion was seconded by William S. Jandreau and

carried with five for, none opposed, one absent and none not

voting.

CERTIFICATION

The foregoing is a true and correct transcript of Minutes of a Regular Meeting

held by the Lower Brule Sioux Tribal Council on the 8th day of January, 1986.

Cheryll LaRoche, Recording Secretary

-8-

LOWER BRULE SIOUX TRIBAL COUNCIL

SPECIAL MEETING

January 31, 1986

PRESENT:

Michael B. Jandreau, Chairman

Kay Gourneau, (arrived late)

Ted Rouillard

Darrell Middletent

ALSO PRESENT:

ABSENT:

William Ziegler

Charles Langdeau

William S. Jandreau

Virgil Randall, Captain of Police

Dwain Holland, BIA-Aberdeen

Art Batin, Criminal Investigator

Mary Middletent, CHR

Bessie Estes, CHR Director

Edwin L. Miller, Agency Superintendent

The meeting was called to order, informally until quorum present, by Chairman

Jandreau at 1: 40 PM.

Recording Secretary noted those Council Members being

present and absent.

ISSUE OF BOOTLEGGERS & SALE OF DRUGS - Chairman Jandreau stated that

this meeting was prompted by a letter from a concerned Community Member.

After receiving the letter, the Council developed ideas for the meeting

regarding the issue of bootleggers and sale of drugs.

Chairman Jandreau

informed the guests present th

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.