August CRST Council Session 2017
Cheyenne River Motel Conference room, Eagle Butte, Great Sioux Nation
Actions and notes.
Day One Aug 1st, 2017
Called to order at 9:40 a.m.
Roll call: Kevin, Jim, Bryce, Bernita, Derek, John, Robert, Mark, Tator, Ted, Merri, Raymond.
Late: Ryman.
Executive Resolutions
E 270CR2017 Motion to approve Maureen Ann Walker contract for catering. Passed.
E2742017CR CRST Health Dept and contract for services with ABL Unlimited LLC. Passed.
E2722017CR Sexual Health within tribal Communities study by Missouri Breaks Industries Research. Inc. Passed.
E2732017CR Motion to approve exec. Resolution for Bio Repository for American Indian Capacity, Education, Law, Economics and Technology BRAICELET by Missouri Breaks Industries Research Inc. 6 yes, 3 no, 4 abstain. Failed.
Motion to approve executive resolution E2752017CR contract for services for Travis Albers basketball camp. Passed.
District Reports
District 1
Motion to approve Belinda In The Woods for the Telecommunications board. Passed.
Motion to approve Orville Mestes for the TECA Board. Passed.
Motion to approve to support the Grandma’s Group with Ramah dollars and office space. Passed.
Motion to request the Head Start director and chairman get the Dupree Headstart up and running before school starts. Failed.
(it's already going to be opened in Sept., motion is political)
Motion to Refer to Economic Development Committee to advertise the LTM Dupree manager position at the Dupree store and seek qualified tribal members or applicants. Passed.
Tribal Members address Council
Taylor Bald Eagle addresses council on health issues.
Roberta Tiger addresses council regarding excluding her granddaughter’s father.
Motion to approve exclusion of Kyle Hodges. Passed.
Lunch break
Called back to order by Chairman Frazier at 140 pm.
Roll call: Kevin, Jim, Bryce, Bernita, Derek, John, Robert, Mark, Tator Wade, Ted, Ryman, Merri, Raymond.
District 1 continued..
Motion to fund the wolakota Peacemaking CIrcle through the Ramah settlement funds. No action.
(it's on the agenda for later: Ramah funds)
District 2 Report
Motion to have an audit done on the Medicine Wheel Village. Passed.
(who will pay for it?)
Motion to establish a Drug and Alcohol task force. Passed.
Addresses Council: Mr. William Maze, Head Start as the Performance Standards, Here to do a presentation on Head Start Program Governance. 9,000 children $900,000. Now over 1 million children budget is $875 Million.
Executive session at 2:22pm. Legal report. Out of Executive Session at 320pm.
Resolutions Presented to Council
Motion to approve resolution for claim against the United States BIA for abandoning the agency building, to file and seek injunctive relief. Passed.
Motion to approve resolution to file the necessary paperwork for the Tribe to intervene as a party in the case: Tri County Water Association Inc. v. City of Eagle Butte. (US District court) to protect the tribe's resources. Passed.
Recessed at 3:28pm until 9:30 am next day.
Day 2 August 2, 2017
Chairman Frazier calls to order at 9:44 A.m.
Roll call: Kevin Jim Bryce Bernita Derek John Robert Mark Tator Ted Ryman Merri Raymond.
Executives: Benita Harold Kim, Charlene
Prayer by Bryce.
Continue with District Reports.
No quorum at District 4.
District 5 Report
Motion to hire the unemployed district members 1 - 6 due to the high unemployment rate on our reservation. Passed.
(Regarding the Tribal Census that the Housing Authority is taking up)
Motion to dissolve the Buffalo Board & charter immediately as they failed to follow the tribal council resolutions and still owe our tribe millions of dollars. Referred to the Buffalo Board.
(they were directed to give council a dissolution plan but never did, this is a chance for them to get this done.)
Motion to reaffirm the previous resolution “that Charles Festus Fischer, IHS CEO, be terminated as the position requires extensive medical background training and the reason is due to “not a personnel issue but program failure”.
Failed.
Motion to terminate Attorney General Marc Roy and to advertise his position immediately due to his unprofessional conduct, failure to honor all tribal laws, and other issues discussed by the District 5 voters.
(dispute between a councilman Bartlett, chief of police, and AG Roy about the uniforms, flashlights, and age for Foot Patrol.)
Executive Session at 10:34 a.m. / Out of Executive Session at 12 noon.
Motion to terminate Attorney General Marc Roy and to advertise his position immediately due to his unprofessional conduct, failure to honor all tribal laws, and other issues discussed by the District 5 voters. No Action, due to the AG has resigned.
(AG Roy resigned because the political interference making it difficult to do his job.)
Motion to Disapprove District 5 motion: to terminate the chief of police Chuck Lecompte due to lack of job performance as the previous chief . Motion to Disapprove. Passed.
Motion to Disapprove the District 5 motion: to return the Law Enforcement department and the supervisory of the chief of police back to Chairman Harold Frazier. Passed.
Motion to Disapprove District 5 motion: to use tribal preference on all advertisements for tribal police officers: and the other American Indian tribes or Alaskan Natives through the Indian Preference law, and all other applicants if there are no qualifying tribal applicants: and that all non Indians police officers jobs be advertised immediately to remain in compliance with all federal and tribal laws. Passed.
(they said it's already in effect, that when the tribal members apply they get extra points)
Budget Report
Motion to approve Lois Chasing Hawk’s land sale in the amount of $11,234.00 using the remaining $12,000 TECA grant funds for: Land Purchasing. Passed.
Motion to approve $5,000.00 for Red Scaffold (Fair) to come out of miscellaneous funds. Passed.
Motion to approve that no employee bonus be given this fiscal year. Passed.
--End of Budget Report--
Budget Related action
Motion to have the law firm Fredericks Peebles & Morgan to provide an estimate of what it will take to complete the lawsuit funding wise. Passed.
Land Report
Minutes: July 10th 2017
Motion to approve resolution adding Donita Dubray Fischer, Ross Dubray, and Diane DuBray to Range Unit 173 for Elroy Dubray estate.
Failed.
(Elroy didn’t have any livestock so no point in adding his children to unit).
Motion to approve Resolution for easement permit for a road for Eagle Thunder housing Passed. (next to habitat housing)
Motion to approve resolution for 2.5 acres of land in EB next to Ampride for Ubetcha Watecha business site, for Shari Ducheneaux. Passed.
Motion to direct the Bureau of Indian Affairs to acquire appraisals on all trust lands involved in Dick Schrempp proposed land exchange. Tabled.
Motion to approve resolution for easement permit on tribal land for well located within Range Unit 246. Passed.
Motion to approve resolution for easement permit on tribal land for well located within Range Unit 246. Passed.
(2nd well)
Motion to approve resolution for easement on Tribal land for a livestock water pipeline located within Range Unit 246. Passed.
Motion to approve home site assignment for Lizette Roybal. Passed.
Motion to approve lot assignment for Emily Lawrence in Chinatown, EB. Passed.
Motion to approve easement permit for Frank Thompson, amendment to the resolution for sewer line in White Horse Community. Passed.
Motion to approve easement permit for MGE for Henry Houston’s homesite North of EB. Tabled due to tribal cultural properties found. Need new route.
Motion to approve resolution easement permit ROW, SD DOT request for easement permit for right of way for repair and replacement of culverts along US highway 212 and SD 63. Passed
Motion to approve resolution for Kirk Fast Horse’s request for an easement / permit for crossing on Tribal land to install a new livestock water pipeline from an existing TCWA tank located within Range Unit 1. Passed.
Motion to approve resolution for Dan Keller’s request for an easement / permit for crossing on Tribal land to install a new livestock water pipeline pumping from a dam located within Range Unit 174. Take back to Land Committee.
Motion to approve resolution for Mary Kay Geisinger’s for an easement / permit for crossing on Tribal land to install a new livestock water pipeline coming from an existing well located within Range Unit 282. Passed.
Motion to approve resolution for Connie Knight for an easement/permit for crossing on Tribal land to install a new livestock water pipeline coming from an existing TCWA meter it located within range unit 225. Passed.
Motion to approve resolution for Tuffy Thompson for an easement/permit for crossing Tribal Land to install a new livestock water pipeline coming from an existing Tri County Water Association meter pit located within range unit 173. Passed.
Motion to approve resolution for 5 acre homesite assignment for Spence and Gail Etzkorn within range unit 199. Passed.
Motion to approve resolution for to complete the land trade for Terry O’Neil and the Tribe there is no difference in value. 160 acres appraised at 128,000.00 for 160 acres appraised at $128,000.00. Passed.
--End of Land Report--
Education Report
July 7th 2017 minutes
Motion to allow the CRST Title 1 employees to transfer within the TItle 1 department due to the fact that school is going to be starting in August and there is an urgency to hire these positions.
Motion to carryover the CRST Head start employees comp time.
Passed.
Motion to approve the MOU by and between the CRST Head Start Program and Lions Kidsight of South Dakota to do vision screening for he Head Start children. Passed.
Motion to approve the contract for services for Lloyd Smith to renovate and replace approximately 500 feet for fence around the Head Start bus garage in Eagle Butte and Cherry Creek and Dupree Head Start centers. Passed.
Motion to approve contract by and between Donna Denker and Associates and the CRST Education Agency in the amount of $30,000.00. Passed.
(for Takini School financials)
Motion to approve resolution for Keith Brink Black Hills Crafters 1,000 feet fence the Headstart, for $23,895.00. Passed.
(Lowest bid approved. Others: $39k and $38k)
--End of Ed Report--
Health Report
July 24th mins
Motion to approve admin to advertise the Support Services Case Manager position as budget and job description have been completed. Passed
Motion to approve the resolution to retrocede the Mental Health to the IHS. Tabled.
Interns Present their Research Projects to the Council.
“Solutions can’t come from the outside but have to come from here and our youth can help us with this” - Marcia O'leary Missouri Breaks
Smoking and Cell Phones Mr Seth Bendigo
Smoking in the care is Much more concentrated and can harm you more.
Some of the outcomes Smoking in Cars: 80 Smokers alone in car, 17 Smokers with children in car, 45 smokers with one or more adults.
Diabetes and Processed Meats by Sunni Bagola.
Sunni recently graduated from CEB. And took up the internship for this study.
Diabetes Risk specifically spam. Determine the amount of ppl purchasing processed meats. Conclusion: more than 50% of shoppers will purchase 1 or More processed meats. And 74% of the ppl observed bought processed meats.
Councilman Bartlett : You graduated from CEB, Can you say anything in Lakota?
Sunny: Yes. Cante Waste napejuza pe. Ehtahnheya Mnicouju. Wakpa Mato elwati.
Council: **Applauses**
Seat Belt Study by Glenny Gunville
Surveyed different areas on how many people were wearing seatbelts.
Outcome 4 days: 5,714 vehicles, 1246 22% Belted, 3652 64% unbelted, 707 12% unknown.
Motion to reconsider the failed resolution for the BRAICELET Study. Failed.
5:23 pm Council recessed until next day 9:30 a.m.
Day 3 August 3rd, 2017
Called to order by Chairman Frazier at 940 a.m.
Roll call: Kevin Jim Tuffy Bryce Bernita, John Robert Ed, Tator, Merri, Raymond.
Late; Ryman 9:41 a.m., Bryce 9:45 a.m., Ted 9:51 a.m.
General Public, Open Mic today.
Elvira White Wolf addresses Council, asks for executive session.
Executive session at 9:44 a.m. / Out of executive session at 11:05 a.m.
Enrollment Committee
Motion to refer Pierre Traversie issue to Claims and Legislation. Passed.
Motion to approve Maura Phillips emergency enrollment. Passed.
August 3, 2017 “Majority Vote” applications (On Rez)
Lincoln Valentine, Issabell Bear Stops, Cabrien Blue Coat, Quay Boomer, Ryel Bowker, Joeseph Bridges, Mollie Brown Wolf, Talia Cervantes, Loren Charging Eagle, Kendall Chasing Hawk, Ky Chasing Hawk, Chris Chasing Hawk, Javen Clown, Sariah Collins, Grady Condon, Charles Cook Jr., Ryder Dennis, Otto Dolphus, Dallas Dolphus, Wallace Ducheneaux, Veda Ducheneaux, Brutus Eagle Bear, Bane Eagle Chasing, Cedar Eaton, Braxton Edwards, Ayden Garter, Sylus Falcon, Josie Fiddler, Achilles Fielder, Melanie Fire Cloud, Kobe Fire Cloud, Bellamy Ghost Bear, Date Gillette, Cooper Gray, Emma Hanson, Titus High ELk, Paizley Holmes, Cullen Laplante, Chauncy Larrivee, Karter LeBeau, Leighton Lecompte, Key Lind, Saide Little Thunder, Calvin Lone Eagle, Grizz Lone Eagle, Jaslene Moran, Paisley New Brough, Scott Newbrough Jr., Koraline Pesicka, Xavier Potter, Violet Pretty Weasel, Ivory Red Bear, Jaeson Shaving, Davienne Shillingstad, Julian Simental, Sean Swan, Bryar Takes The Knife, Samantha Waloke, Robin Waloke, Cante Maza White Magpie.
Motion to approve enrollment. Passed.
August 3, 2017 “Two Thirds Vote” Applicants (Off rez)
Bryce Albright, Sophia Allison, Kali Allison, DeAndre Allison, Aickara Allison, Blaze Allison, Allie Alvarez, Ashlie Alvarez, Alexi Alvarez, Daniel Archambault, Zinzi Banks, Gracie Banks, Olivia Bear, Ares Bettelyoun, Emma Bickerdyke, Icesis Big Eagle, Wambli Black Lance, Catherine Brend, Ian Briggs, Dakota Christensen, Cole Christensen, Chase CHristensen, Delaney CHristensen, Susan Cotta, Kelsey Cotta, Nicholas cotta, Mikayla Covarrubias, Raelene Crump, Alejandro Demery, Dawn Dorsey, Samantha Clifford, Marriah Dubois, Nathaniel Dubois, Dominka Ducheneaux, Dean Dupris, Emilia Dutchover, Dawn Eagle, Emily Eagle Star, Phoenix Early Stone Arrow, Rosalynn Emery, Camryn Emery, Mercedes Evans, Jhett Fish, Jack Fish, Taiden Foster, Lance Frazier, Christopher Gaskin Jr., John Gardner, Jaidyn Garreau, Chadeaux Gilbert, Celestyna Gilbert, Andres Gonzales, Megan Green, Gail Hague, Quenton Hanks, Brendon Hanks, Deasia Paris, Richard Hogfoss, Kyan Kelley, Katherine Klein, Thomas Knight Peyson Laplante, Kaylee Lapointe, Joel Lindgren, Madelynn Loper, Lakeisha Love, Tiffany Luallen, Jeremy Luther, Jayden Makes Him FIrst, Kiana Makes Him First, Elizabeth Manresa, Eli Manresa, Luis Conteras Marlow, Jaxson Marshall, Genesis Mclaughlin, Mya Miner, Sophie Montana Wasena, Brinley Meyer, Harper Meyer, Adley Meyer, Joseph Nedved, William Ogden III, Terrence Ogden, Mary Ogden, Graham Olson, Chase Olson, Brian Opsahl, Bryan Panameno-Hernandez, Julian Panameno-Hernandez, Sarah Patryas, Samantha Payne, Shayne Payne, Avianna Pearman, Sarah Price, Amy Putnam, Arlene Quilt, Kimimela Rama, Kaitlin Red Legs, Isabella Reindl, Isaiah Reindl, Monica Ross, Kayson Runs After, Demetrius Samora, Autumn Scares Hawk, Trinity Valandra, Darnell Scares Hawk, Paxton Schweitzer, Mark Schweitzer, Dakoda Sinclair, Teal Sinclair, Johanas Smith, Idiana Smith, Blaise Sobrepena Georther Moses Sobrepena George, Nieva Sobrepena George, Courtney Sobrepena, Cailey Sobrepena, Gabriel Stephens, Thomas Studt, Lacy Studt Carlie Studt, Kylee Swan, Evelyn Swan, Sophia Tereshko, Nadia Tereshko, Isaiah Thomas, Sophia Towry, Cheyenne Towry, Edgar Uribe-Santana, Mateo Uribe-Santana, Liam Van Oers, Joseph Vermillion, Joshua Vermillion, Anyah Vermillion, Cierra Vorrath, Kent Vosburg, Kyle Vosburg, Pamela Wald, Nicole Weinberger, Julian West, Skye Williamson, Lianna Yellow Hawk.
Motion to approve enrollments. Passed.
Enrollment through Grandparent
Damon Gramis, Hank Wedgeworth
Motion to approve enrollment. Passed.
Relinquishments
Motion to approve resolution to disenroll Darlene Pearl Nichols. Passed.
Motion to approve resolution to disenroll Baptiste Lebeau. Passed.
Motion to approve resolution to disenroll Lilam Garreau. Passed.
Motion to approve resolution to disenroll Jesse Dupris. Passed.
(most of these were going to Three Affiliated)
Reconsiderations: previous failed, and reapplied.
Motion to approve enrollment for Della Cutter. Passed.
Motion to approve enrollment Tracy Dais. Failed.
Motion to approve enrollment Mackenzie Jackman. Failed.
Motion to approve enrollment Michael and Matthew Starkey. Failed.
Ed Widow presents a issue with enrollment.
Motion to put a moratorium on all enrollments. Failed.
--end of Enrollment Report--
Travel Authorization
Motion to approve travel for Bernita & Raymond for the Behavioral Health meeting in Oklahoma. Passed.
Kay Clown Addresses Council re: Funds for Severance Pay and Back Pay.
Lunch Break
240pm called back to order.
Roll call: Quorum present.
Human Services Report
Motion to bid aprons (drive ins) for elders homes. Passed.
Motion to have Oahe Glass of Pierre, replace windows on Hip House for Madelena Montreal in the amount of $2,200.00 to paid out of HIP Funds. Passed.
Law and Order Report
July 24th 2017 Minutes
Motion to refer to tribal health CEO to address the case management for our involuntary commitment Orders and for a FBHC case manager to attend these hearings. Passed.
Motion to amend the Protective Custody Law of 8 hours and to release when PBT is at .000 with release to take place during daylight hours. Passed.
Motion to refer to legal department in possibility of banning mouthwash and hand sanitizer that has any alcohol content. Passed.
Motion to refer to ABC commission to look at increasing the tax rate on those items sold on the CRST Reservation that have a high percentage of alcohol content, i.e., mouthwash, hand sanitizer. Passed.
Motion to have a (legislative) hearing on September 18 and 19, 2018 for public comment regarding the Traffic Code and include previous motion from May 22, 2017 minutes. Passed.
Motion to approve to reaffirm the prior action: the body cameras for the police officers. Passed
Tribal Member
Kay Clown addresses Council regarding: various issues. Grazing Ordinance 71 law questions. Buffalo board. VE Ranch Lands.
Into executive session at 5:03pm. Legal Report. Out of exec session at 5:23pm.
Resolution Presented to Council
Motion to approve resolution to amend the time frame table in Res. # 2472012CR, to provide more time to do the Tribal Census. Passed.
Veterans Report
Motion to rescind resolution # 462-05-CR Promise Day School. Passed.
Motion for Tribal Projects to come up with scope of work and bids for Veterans Building Project.
Motion to for Veterans Committee to be able to hire contractors for work on Veterans Building to be referred to Tribal Council for approval. Failed.
Motion to refer to engine repair to budget committee. Passed.
Resolutions Presented to Council
Motion to approve resolution for contract with Sharpe Enterprizes for $1,271,815.00 to construct the Veterans Memorial Park. Passed.
(located along highway 212 next to powwow grounds and GFP.)
Motion to approve resolution for contract with Sharpe Enterprizes for $62,000.00 to install sprinkler system in the EB Headstart Center. Passed.
Motion to approve resolution for continuation grant for Family Violence Prevention Services to US Dept of Health and Human services. Passed.
Motion to approve resolution to request support (legislatively, monetary, and spiritual) from MN Sioux Tribes for OSPA Wind Energy Project. Passed.
Tribal Members Address Council
Ron Rousseau addresses Council requesting payment for lay advocate services $200/hour in the amount of a court case CRST District 6 v. CRST Election Board.
Motion to deny Ron’s request. Passed.
(Attorney General Marc Roy previously denied Ron’s request saying Ron is not a certified lawyer and doesn’t deserve lawyer rates and there was never an approved contract.)
Motion to refer to Property and Supply, Wolakota committee, for home repairs. Passed.
Motion to refer David Bowed to administration. Passed.
Jaron Widow addresses Council regarding his 14 year old niece’s internship, stipend payment not getting paid by Youth Program, asking for legal help.
Motion to refer to loan office for funding for a attorney. Passed.
Council Recessed at 6:12pm.. Back at Aug 10th 930a.m. Thursday.
Day 4 August 10th
Called to order by Chairman Frazier at 10:18 a.m.
Roll call: Jim, Bryce, Bernita, Derek, John, Robert, Wade Tator, Ted, Ryman, Merri, Raymond.
Executives: Benita, Harold, Kim and Charlene.
Prayer by Raymond.
Agenda - Ramah and TECA.
Ramah Settlement: $4.9 million remaining. Proposals passed out to council.
Housing Authority Director addresses council re: the two proposals for Old IHS Apartments $1.7 million, and North 212 sewer project for $662,000.
Sam Dupris addresses council about a resolution supporting Calvin Traversie for Aviation School.
LTM addresses council regarding proposal $500K for Takini C store funding.
Lunch Break
2:10pm called to order.
Roll Call: Jim, Tuffy, Bryce, Bernita, Derek, John, Mark, Tator, Ted, Ryman, Raymond.
Monte Condon addresses council about Chiefs, Headmen, Medicine Men, and Elders. Foot patrol. And promoting traditional law.
Proposals Presented Throughout the Day
CR Housing Authority - Old IHS Apts/Housing renovate $1,000,000.00
CR Housing Authority - North 212 Infrastructure $632,820.00
Aviation Education Program - Tuition at SDSU $17,170.00
LTM - Takini Store Start Up $564,818.96
Wasagiya Najin Grandmothers Group - Operating Budget $136,688.00
CR Gas Company - Motorola Radios $22,890.00
CR Gas Company - Repairs and Purchases $31,674.45
Cheyenne River Economic Development Corporation - Start Up Funds $125,000.00 or $164,000.00
Wolakota Peacemaking Circle - Operations $197,900.00
Land Restoration Commission - Operation $38,000.00
CR Fitness Center Complex - Facility Construction $1,000,000.00
Prosecutor’s Office - FY 2017 Budget $598,132.18
CR Dept. Of Transportation - Operational Costs $118,805.48
Pe Shla Land - Purchase 437 Acres Remaining. $400,000.00
Bear Butte Lands - Purchase Contribution. $50,000.00
Tribal Member: Bumping Clause
Erik In The Woods addresses council asks for executive session.
Council goes into executive session / out of executive at 5:18pm.
Motion to approve Erik In The Woods bumping clause for Law Enforcement IT specialist (Mike Corwit job). Passed.
(Conflict of interest? Both relative council members voted in favor)
Two Proposals
Motion to approve the $118,000 proposal for CRST DOT operations. Passed.
Motion to approve the Veterans building repair $50,000.00 proposal Passed.
(at this time did not have proposal into council)
TECA Resolution
FUND 1 - Economic Development
7th Generation Movie Theater Signage $125,039.00
CRST DOT Lighted Pathways Project $350,000.00
FUND 2 - Infrastructure Development
CRST Attorney General Building $750,000.00
CRST Court Expansion $500,000.00
Youth Horsemanship Multipurpose Bldg. Project $750,000
FUND 3 - Education Social Welfare Recreation
Ishanti Ca Lowanpi Project $3,000.00
ICWA Expansion Project $439,985.00
Prairie Management Mosquito Abatement Project $99,359.00
Wisdom Keepers - Service Expansion Project $391,157.00
Cultural Center - Expansion/Renovation Project Phase 4 $500,000.00
Dupree Community Building - Furnace Project $54,912.00
LOWI School Renovation - Project $90,000
Red Scaffold Community- Infrastructure Enhancement Project $132,100.00
Thunder Butte Community - Equipment Project $50,000.00
Sioux YMCA - Past, Present, & Future Project $500,000.00
Total dollar amount $4,735,552.00
Motion to approve TECA $4,735,552.00 Resolution. Passed.
Motion to adjourn Council August Session. Passed.
Closing prayer by Ryman LeBeau. Hechetu po.
Unofficial actions and notes taken by Ryman LeBeau.
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