CRST September Council Session 2017
CR Motel Conference Room, Eagle Butte, Great Sioux Nation
Day 1 Tuesday Sept. 5, 2017
Called to order at 9:38 a.m. by Chairman Frazier.
Council Roll Call: Kevin Jim Tuffy Bryce Bernita, Derek John Robert, Ryman Merri Raymond.
Prayer by Ryman.
Chairman recessed until tomorrow morning at 9:30 a.m.
Day 2 Wednesday Sept. 6 2017
Called to order at 9:49 a.m. by Chairman Frazier.
Roll Call: Kevin Jim Tuffy Bryce Bernita, Derek John Robert Edward Mark, Tator, Ryman Raymond.
Late: Ted, Merri.
Prayer by: Bryce
Opening Address: Raymond Uses The Knife.
Secretary White Feather’s Report
Telephone Authority Board: District 2 runoff between Clara LeBeau and Manny Iron Hawk. 9 Clara, 5 Manny.
Motion to seat Clara LB to the Telephone Authority Board District 2. Passed.
Motion to appoint Terry Veo to the Telephone Authority Board District 4 pending background check. Passed.
(only applicant)
Motion to appoint Calvin Traversie to the Telephone Authority Board District 6 pending background check. Passed.
(only applicant)
Motion to go into executive session. Passed.
/ out of executive session at 11:13 am.
Three Motions by Councilman Bartlett
Motion to put the Chief of Police under the direct supervision of the Tribal Chairman. Passed.
Motion to refer to Claims and Legislation Committee, advertising the TECA Oyate Committee. Failed.
Motion to reinstate Ordinance 50 and amend Ordinance 50 Police Commission, to strike the language that says you cannot serve the commission if you were a prior employee of the Police Department.
Tabled by the Chairman.
Lunch break at 12:26 pm.
Called back to order at 2:08 by Chairman.
Roll Call: Kevin Jim Tuffy Bernita, Derek John Robert Edward Mark, Wade Tator Ted Merri Raymond.
Late: Ryman at 2:12 pm. Bryce at 2:15 pm.
Executive Resolutions
Motion to approve Exec Resolution E316-2017CR for $125,000 for the Medicine Wheel Village. Passed.
Random Motion
Motion to recommend to the board, terminating the Medicine Wheel Village Administrator. Failed.
(Rules of Council : Personnel issues are not allowed on the Council floor yet this was not called ‘out of order’ by the Chairman)
Back to Executive Resolutions
Motion to approve exec. resolution E312-2017CR requests Congress to fully reinstate BIA Title 1 set aside funding for disadvantaged Indian Students. Passed.
(Dollar amount request is $2.3 million)
Motion to approve exec. Resolution E-313-2017-CR Memorandum of Agreement by and between the CRST Title 1 Program and Cheyenne Eagle Butte 20-1 School District. Passed.
Motion to approve exec. Resolution E-314-2017-CR transfer $15,000 from General Fund account to the School Clothes Loan account and as funds accrue in the account it will pay back the GF. Passed.
Motion to approve exec. Resolution E-315-2017-CR for Reasonable Suspicion Training Course contract with Mr Allen Reuer, MT ASCP CPCT. Passed.
Motion to approve executive Resolution E-316-2017-CR $125,000 from General Fund to Medicine Wheel Village. Passed.
Motion to approve exec. Resolution E-317-2017-CR to lease Farm Pasture 999LL to Ginger Bowman, $7.00 / acre for 10.9 acres, $45.00 / acres for 236.74 acres dryland farm with an annual lease payment $10,729.60. Passed.
Motion to approve exec Resolution E-318-2017-CR to grant assignment to Quanita Oreos 2 lots in Eagle Butte. Passed.
(old Taco John's lots)
Motion to approve Exex. Resolution E-319-2017-CR to grant easement / permit for CR Dept of Transportation to construct a new road which leads to Margaret Gunvilles homestead. Passed.
Motion to approve Exec Resolution E-320-2017-CR which by the Tiospaye Topa School Board that it is in support of the proposed 2017-2018 project for recruitment, retention and work performance incentive pay for certified K-12 teachers and support staff, and authorizes the TTS staff to prepare and submit this incentive pay project as their 2017 TECA grant application for $301,420 under Fund 3 Education, Health, Recreation, & Social Welfare. Passed.
(it is a “Supporting” Resolution to get a TECA grant.. Politically, it puts Council weight on the TECA Board.)
Motion to approve Exec. Resolution E-321-2017-CR for travel for District 5 Councilman Ryman LeBeau to attend the Second Annual Conference on Native American Nutrition on Sept. 17-20 in Prior Lake, MN. Passed.
Motion to approve Exec. Resolution E322-2017-CR approves MOU between the FBI Minneapolis STTF and CRST Law Enforcement Dept. and agreement. $23,500. Passed.
Motion to approve Exec. Resolution E-323-2017-CR $100.00 one time payment to each of the elderly for CRST Annual Fair and Rodeo celebration. Passed.
Motion to approve Exec. Resolution E-324-2017-CR $14,000.00 with be allocated from the General fund for Youth 18 & under for free movie passes at the 7th Generation Cinema. Passed.
Motion to approve Exec. Resolution E-325-2017-CR $2,647.00 for the Dupree Wacipi Committee. Passed.
(pay for their debt incurred for their powwow)
District Reports
District 2
Motion to approve Sheryl Christenson to TECA Board for Dist. 2. Passed
(TECA law states to be eligible to the TECA Board you need to submit the application and resume’ and meet the qualifications. This action doesn’t follow the process)
Motion to approve Burtis White Wolf for Land Restoration board for District 2. Passed.
Motion to refer to Econ. Development Cmte the Geothermal grant to possibly repair the well in Red Scaffold. Passed.
Motion to approve $5,000.00 for Bridger Wacipi and refer to the Admin. to take care of and also ABC Commission. Passed.
Police Commission Law
Motion to approve to reinstate Ordinance 50 Police Commission with amendments strike section 1-3 #2 “the commissioners shall never have been employed as a law enforcement officer or employee of the Walter Miner Law Enforcement Center” and strike first sentence in #3. Failed.
Into executive session for legal report at 5:22pm. / Out at 6”22pm.
Small Charitable Bingo Ordinance
Motion to approve the resolution for Small Charitable Bingo law to govern the operation of the Cheyenne River Sioux Tribe’s Charitable BIngo operated in Eagle Butte, SD for the entertainment of tribal members and generating less than $3,000,000 in revenue annually, provided that the CRST Gaming Commission shall provide oversight, advice and technical assistance to the Bingo Board and including utilizing Tribe’s drug policy. Passed.
New Up To Date Gaming Ordinance
Motion to approve the resolution for the Indian Gaming Regulatory Ordinance of the Cheyenne River Sioux Tribe to authorize, govern and regulate the operation of Class II Gaming and Class III Gaming on the tribe's Indian lands in compliance with the Indian Gaming Regulatory Act. Passed.
At 6:30 pm Chairman recessed the council until the next day, 9:30 a.m.
Day 3 Sept. 7th 2017
Called to order at 9:40 a.m. by Chairman.
Roll call: Kevin Jim Tuffy Bryce Bernita, Derek John Robert Mark, Ted Ryman Merri Raymond.
Executives present: Harold Evann Charlene *assistant
Prayer by Mark.
Late: Derek.
Open Mic Day For The Public
Deanna LeBeau, Bronco, and Family request executive session.
Motion for executive session. Passed at 9:49 a.m. / out at 1145 a.m.
Motion to refer the homesite issues on RU 199 to the land committee. Passed.
Motion to approve the Lori High Elk request to use the Indian preference (bumping) on Marisa Lindskov for the Tribal Health Dental Assistant position. Passed.
Lunch break.
Back at 1:38pm called by Vice Chair Bob Chasing Hawk.
Roll call: Kevin Jim Tuffy Bryce Bernita, Derek John Mark Ryman Merri Raymond.
Sioux San Guy: Mr. Newbrough.
What does the Tribe want to do with the Sioux San Buildings slated for demo? Council’s Unofficial outcome: Save the Hospital for future use by the Tribes.
Henry Red Cloud Presents renewable energy projects to council
Shares his experiences and projects that he's working on and developed.
*passes out information - “Mni Wiconi Water is Life. Sioux Treaty Rights and Customs Right to Travel Code” and “Federal Indian Law and Jurisdictional Arguments” and some flyers of the projects.
Mary Lee Johns addresses council about investing the Ramah funds for future funding short falls by congress.
Edna Thompson addresses council RE: Bingo being shut down and bingo employees that she's representing. 2 permanent and 2 temporary.
At 4:06 Council recessed by the chairman until 9:30 am following day.
Day 4 Friday Sept. 8th, 2017
Called to order at 951 a.m. by the Chairman.
Council Roll Call: Kevin Jim Bryce Bernita, Derek John Edward Mark, Ted Ryman Raymond.
Executives present: Harold Benita Evann and assistant Kim.
Prayer by Raymond.
Late: Robert.
Councilman Jim Pearman gets the floor
and reads 2 letters from Terri Holmes and Richard Red Elk.
Motion to terminate Richard Red Elk. Ruled Out of Order by Chairman.
(Council Rule: No personnel issues on the floor.)
Budget Report
August 28th minutes
Motion to amend contract for Moss Adams to complete 2016 audit by December 2017. Passed.
Motion to direct administration and law enforcement admin to work on Budget and bring back to Budget Committee.
Motion to approve Hawk Wings request for beds in the amount of $15,600.00. Passed.
(it pays for the lumber for the box spring frame.)
-End of Budget Report.-
Economic Development Report
Motion to change the the Radio Station call sign from KIPI to KWAN for business purposes. No 2nd to motion. Ruled out of order by the Chairman, Failed.
(KWAN - “wan” short for the wanbli. KIPI - means worthy of. The non native advertising group had trouble marketing the KIPI).
Motion to approve the for the Economic Development Committee to hire the Radio Station manager. Passed.
Motion to approve All American Roofing Systems to repair TECA Building roof. Passed.
Motion to allow Chairman Frazier to negotiate and execute with the Veo family on easement by Laplant C-store and refer to budget committee. Passed.
-End of Econ. Report.-
Health Report
Motion to approve Resolution to amend the 638 Master Health contract to include the Medicine Wheel Village. Passed.
Motion to approve CHR Transportation policy . Tabled
Motion to disapprove the University of Wisconsin request on Fracking study. Passed.
Motion approve Volunteers of America contract with the tribe. Passed.
Lunch break.
Called back to order by the chairman at 2:00 pm.
Roll call: Kevin Jim Bryce, Derek John Robert Mark, Ted Merri Raymond.
Executives: Harold, Benita, Evann.
Late: Ryman 2:07 pm. Edward 2:12 pm.
Motion for executive session. Passed. 2:09 pm. Out at 3:30 pm.
Roads Report
Motion to approve Sharpe Enterprize contract with the tribe to construct the sidewalk project $1 million, in No Heart and Airport Road (IHS route). Phase 1, 2, 3 pending the paperwork. Passed.
Education Report
Motion to approve CRST Head Start continuation grant of the Office of Head Start Administration of Children and Families from January 1, 2018 to Dec 31, 2018 for $2.3 million. Passed.
Motion to approve the Memorandum of Understand by and between the Cheyenne River Sioux Tribe WIC program and Cheyenne River Sioux Tribe Head Start program for the 2017-2018 School Year. Passed.
Motion to approve CRST Head Start pay scale for non-certified and certified teachers starting the 2017/18 school year. Passed.
Motion to approve resolution to authorize the Johnson O'malley contracts with the Bureau of Indian Education under the authority of Public Law 93-638 the Indian Self Determination Act and the ISDEAA for the District 1201 Pierre Pubic School, Timber Lake Public, Eagle Butte Public School. Passed.
Motion to approve resolution to authorize the Johnson O'malley contracts with the Bureau of Indian Education under the authority of public law 93-638 the Indian Self Determination Act and the Education assistance act as amended IDEAS for the Dupree public school, and CRST Head Start program. Passed.
-End of Edu. Report-
4:09pm Council recessed by the Chairman until Tuesday 9:30 a.m.
Day 5 Tuesday September 12, 2017
Council Roll Call: Kevin Jim Tuffy Bryce Bernita, John Edmark, Tator Ted Ryman Merri Raymond.
Prayer by Jim.
Executives: Harold Benita, Evann Kim (assistant)
Late: Derek
Human Services Report
No actions for Council.
Veterans Committee Report
Motion to approve Sharpe Enterprises Inc. to refer to legal to draft contract for the weatherization / flagpole project.
Land Report
Motion to approve resolution assigning Mark Augustine 1 lot for homesite in the community of Dupree. Passed.
Motion to approve resolution assigning Kim Annis two lots for homesite in the community of Eagle Butte. Passed.
Motion to approve resolution for two and half 2.5 acres to Cherry Creek Youth Project located in Cherry Creek community. Passed.
Motion to approve resolution rescinding the SJ Louis Construction temporary site for storage. Passed.
Motion to approve Adam Schuchardt request for an easement / permit on Tribal land for a livestock water pipeline located within Range Unit 246. Passed.
Motion to approve resolution for Mni Washte Water Co / Tri County Water easement / permit for waterline repair located within Range Unit 31. Passed.
Motion to approve resolution for Joint Permit application to add Warren LeBeau as a joint permittee onto Range Unit 199 with Sebastien LeBeau, Jermaine LeBeau and Deanna LeBeau. Passed.
Motion to approve resolution the Joint Permit application to add Cathy Gray as a joint permittee onto Range Unit 206 with Gerald Gray Estate and Trevor Gray. No second to the motion, Chairman declares action out of order.
Motion to approve resolution for the Joint Permit application to add Wyatt Knight as joint permittee onto Range Unit 248 with Pete Knight and Travis Jewett. Passed.
Motion to approve resolution to complete Ronald Bierman’s proposed land exchange with the Tribe. No 2nd to the motion. Out of order.
(Ronald 1502.41 acres, $900/acre, total is $1,352,000.00. For Tribe’s 1497.13 acres, $850-$875/acre, total is $1,283,000.00. Ronald waives the $69,000 difference)
Motion to approve resolution to complete Mike Longbrake proposed land exchange with the Tribe. Passed.
(Mike: 40 acres, appraised at $32,000.00. Tribe: 40 acres, appraised at $32,000.00)
Chev Hackett Tribal Member addresses Council regarding his residency. Leases Farm Pastures from the Tribe in past. And is high bidder for three of the Farm Pastures. Chev provides evidence and testimony that he is a resident of CR. Kyle Biegler and Rodger Aberlee protesting Chev’s residency.
Rodger Aberlee addresses Council about Chev’s residency. Provides pictures.
Motion to award Farm Pastures 100391, 100448, 100859 to Chev Hackett. Tied. 7 yes 7 no. Chairman breaks tie voting No. Failed.
Lunch break.
Back to order. 2:38 pm.
Roll call Kevin Jim Tuffy Bryce Bernita, John Mark, Tater, Ryman Merri Raymond.
Executive: Harold Benita Evann.
Continue with Land Report: Farm / Pasture allocations
Motion to approve resolution for FP (farm/pasture) 5 year lease to Carlin Gilbert. Passed.
Motion to approve resolution for Rick Farlee FP 100500 $5.66 / acre, 160 acres, annual $905.60. Passed.
Motion to approve resolution for Frank Bringman FP 100512 $27.22 / acre, 67 acres, annual $1,823.74. Passed.
Motion to approve resolution for Daris Laplant FP 100520 $28.00 / acre, 577 acres, annual $16,156.00. Passed.
Motion to approve resolution for Kyle and Christine Ward FP 100698 $10/acre, 10 acres, annual $100.00. Passed
Motion to approve resolution for Tuffy Thompson & JJ Hunt for a five year lease for 158 acres, $35.04 / acre, annual lease $5,536.32. Passed.
Motion to approve resolution for Mary Kaye Geisinger FP 812, 5 years lease, 160 acres, $27.22/acre, annual lease $4,355.20. Passed.
Motion to approve resolution for Clint Simon FP 100855, 5 year lease, 94.17 acres, $8.50 per acres for annual lease rate of $800.44. Passed.
Motion to approve resolution for Daris, Trey Laplant FP 100927, 5 year lease, 320.82 acres, $6.00/acre, annual lease $1,924.92. Passed.
Motion to approve resolution for Lorraine Ander FP 100286, 5 year lease, 36.5 acres, $6.00 / acres, annual lease $219.00. Passed.
Motion to approve resolution for Ivan LInd FP 100304, 5 year lease, $160 acres, $31.00 / acre, $4,960 annual. Passed.
Motion to approve resolution for Mary Kay Geisinger FP 100335, 68 acres, $7.01/acre , annual $2,925.00 Passed.
Motion to approve resolution Raymond and Robbie Birkeland for FP 100349, 5 year lease, 68.5 acres, $7.01 per acre, annual $480.19 and 91.5 acres of mixed grass hay, $17.12 / acre, annual 1,566.48. Passed
Motion to approve resolution FP 100391 to Kyle Beigler, 5 year lease, 196.05 acres, $10 / acre, annual $1,960.50. And 549 acres, $53.00 / acre, $29,668.14 annually. Passed.
Motion to approve resolution FP 100448 to Kyle Beigler, 5 year lease, $10/acre for 14.88 acres, 148.80 annually. And $49.00 / acre for 210.72 acres of dryland farm, $10,325.25 annually. Failed.
Motion to approve resolution FP 100448 to Chev Hackett, 5 year lease, $10/acre for 14.88 acres, 148.80 annually. And $49.00 / acre for 210.72 acres of dryland farm, $10,325.25 annually. Failed.
Motion to approve resolution for Sharon Wright, 5 years lease, $16/acre, 40.5 acres, $50 / acre for 119.5 acres, annual $5,975.00. Passed
Motion to approve resolution for Kris Schrempp FP 100524, $7/acre, 104.8 acres $733 annually, $30/acre for 255.20 acres, $7,656.00. Passed.
Motion to approve resolution Paul Herron FP 100528, 5 year lease for 189.8 acres, $32.00 / acre, $6,361.00 annually. Passed.
Motion to approve resolution Clinton Simon, FP 100534 , 5 year lease for 42.0 acres , $27.38 / acre, $1,149.96 annually. Passed.
Motion to approve resolution for FP 100582, Arbie Gene Springer, 5 year lease, $40/ acre, 40 acres, $1,600.00 annually and 120 acres, $30/acre, annually. Passed.
Motion to approve resolution for FP 100584 to almeda lawrence, 5 year lease, 280 acres native pasture, $7/acre, $1,960.00 annually. Passed.
Motion to approve resolution for FP 100647 to Bernie Mitchell, 5 year lease, 600 acres, $6 / acre, $3,600.00 annually. Passed.
Motion to approve resolution for FP 100690 to Gib Marshall, 5 year lease, 82.2 acres of mixed grass hay at a rental rate of $28.00 / acre, $2,301.60 annually. Passed.
Motion to approve resolution FP 100695 to Daris Laplante, 5 year lease, 148.3 acres, $30/ acre, $4,449.00 annually. Passed.
Motion to approve resolution FP 100700 to Patrick Pesicka, 2,545.0 acres of native pasture, $6.28 / acre, $15,982.60 annually. Passed.
Motion to approve resolution FP 100838 to Lyle Anderson / Archie Hulm, 82.2 acres of mixed grass hat , $28.00 / acre, $2,301.60 annually. Passed.
Motion to approve resolution FP 100839 to Kyle and Janelle Biegler, 2,947.5 acres of native pasture, $11.78 / acre, $34,721.55 annually. Passed.
Motion to approve resolution FP 100844 to Debbie Drageset and Travis Gebhardt for 5 year lease, 1,084.7 acres of native pasture, $6.26 per acre, $6,790.22 annually. Passed.
Motion to approve resolution FP 100849 to Tim Oleary for 5 year lease, 17 acres of native pasture art a rental rate of $4.04 / acre for an annual lease rate of $68.68. Passed.
Motion to approve resolution FP 100852 to Marty Ward, 5 year lease, 154.5 acres dryland farm at a rental rate of $42.00 / acre, $6,489.00 annually and 156.66 acres of native pasture, $13.00 / acre, $2,036.58 annually. Passed.
Motion to approve resolution FP 100859 to Roger Aberle, 5 year lease, 454.2 acres of dryland farm, $42 / acre, $22,898.40 annually and 9.50 acres of native pasture, $9.50 / acre, $499.70 annually. Passed.
Motion to approve resolution FP 100865 to Rusty Brehmer, Brandon Morgan, ANd RObert Ward, $23.10 ? acre, $3,580.50 annually. Passed.
Motion to approve resolution FP 100866 to Kevin Keckler, 5 year lease, $44.27 / acre for 596 acres of mixed grass hay, $26,384.92 annually. Passed.
Motion to approve resolution FP 100867 to Rusty Brehmer, Brandon MOrgan and Robert Ward , 5 year lease, 127 acres of mixed grass hay at a rental rate of $41.26 / acre for an annual lease rate of $5,2490.02
Motion to approve resolution FP 100980 to Jaramie Eaton, 5 year lease , 186.84 acres of mixed grass, $12.09 / acre , $2,258.90 annually. Passed.
Motion to approve resolution FP 100985 to Harley Morgan , 5 year lease, 29.53 acres idle farm ground, $7.78 per acre, $229.74 annually. Passed.
Motion to approve authorizing the Bureau of Indian Affairs to negotiate FP leases 635, 548, 845, 922 with surrounding landowners at the minimum rate. Passed.
Motion to approve the BIA to re-advertise FP 728, 449, 541, at the minimum rate.
Motion to split Range Unit 350 into two equal range units. Tabled.
(RU 350 is currently the largest on the rez, 399 head unit AUMs. And was Cancelled for Violating the Tribe’s Grazing Laws. Soon will be advertised to the Tribal Members for allocation. Land Committee is suggesting to make it into 2 range units.)
Motion to reconsider prior failed motion to award FP 100448 to Chev Hackett. Passed
Motion to approve resolution FP 100448 to Chev Hackett, 5 year lease, $10/acre for 14.88 acres, $148.80 annually. And $49.00 / acre for 210.72 acres of dryland farm, $10,325.25 annually. Passed.
Motion to refer to Land Committee the issue of “open range”. Passed.
-End of Land Report-
Clem Long addresses Council regarding housing and repairs.
Motion to refer to Human Services committee. Passed.
Miss Long addresses Council.
Veterans Report
Motion to approve Sharpe Enterprises for Vets Center renovation in the amount of $63,000. Failed.
Motion to approve Garrett Construction for Vets Center renovation in the amount of $27,000. Passed.
-End of Veterans Report-
Motion to approve Resolution for Ramah money to fund Lakota Peacekeepers. Failed.
Council adjourned by the Chairman at 6pm. Hechetu welo.
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