TRANSCRIPT OF PROCEEDINGS OF THE COMANCHE BUSINESS COMMITTEE MONTHLY MEETING OCTOBER 9, 2010, 10:10 A.M. COMANCHE NATION COMPLEX LAWTON, OKLAHOMA __________________________________________________ REPORTED BY: KELLY STOABS, CSR DODSON REPORTING & ASSOCIATES 435 NORTH WALKER, SUITE 102 OKLAHOMA CITY, OKLAHOMA 73102 (405) 235-1828 ~ (405) 235-1266 (FAX) dcri@coxinet.net A P P E A R A N C E S COMANCHE NATION BUSINESS COMMITTEE MEMBERS: Michael Burgess, Chairman Robert Tippeconnie, Secretary-Treasurer Ronald Red Elk, Committeeman #1 Mark Wauahdooah, Committeeman #2 Darrell Kosechequetah, Committeeman #3 Clyde R. Narcomey, Committeeman #4 LEGAL COUNSEL: William Norman, James Burson Hobbs, Straus, Dean & Walker * * * * * * 3 INDEX OF PROCEEDINGS PAGE Meeting called to order at 5 10:10 a.m. Roll call. 5 Invocation. 6 Motion passed to approve prior 6 minutes. Motion passed to amend agenda. 8 Motion passed to approve Resolution 8 #130-10/Enrollment List No. 843. Motion passed to approve Resolution 9 #131-10/Enrollment List No. 844 Motion passed to approve Resolution 10 #132-10/Document Duplication Enrollment. Motion passed to approve Resolution 13 #133-10/Enrollment Elders. Motion passed to approve Resolution 14 #134-10/Social Services PL 93-638. Motion passed to approve Resolution 16 #135-10/KCAILUC. Motion passed to approve Resolution 18 #136-10/National Congress of the American Indian. Motion passed to approve Resolution 21 #s 137-10 and 138-10/Corine Heath Nos. 1591-F and 1591-G. Motion passed to approve Resolution 28 #139-10/Amos Komacheet Land Acquisition No. 2842. CBC 10-9-10 - October 9, 2010 4 INDEX OF PROCEEDINGS (continued) PAGE Motion passed to approve Resolution 35 #146-10/Grant application to the U.S. Department of HUD (ICDBG). Awarded $1,825,000 for a vocational 39 rehabilitation program for Native Americans with disabilities. Motion passed to approve resolution 40 re: Samuel Mullen, Comanche Allotment Number 2333, authorizing to go into negotiations with the family, Carol A. Mullen, on BIA appraised sale. Motion passed to approve chairman 47 travel to Washington. Motion passed to approve travel to 47 NCAI. Motion passed to approve 47 contribution to MDA. Motion passed to approve travel to 47 smoke shop management and operation. Motion passed to cancel use of 47 tribal vehicle by vice chairman. Motion passed to go into executive 52 session. Executive session commenced at 52 11:10 a.m. Reporter's Certificate. 53 Secretary/Treasurer's Certificate. 54 * * * * * * CBC 10-9-10 - October 9, 2010 (Meeting called to order at 10:10 a.m.) MR. BURGESS: We'll call to order here. Ladies and gentlemen, thank you for being here. We will recess at 11:00 a.m. so that we all can attend the funeral service here for a tribal member and work family, Mrs. Pewewardy, and grandchild. So at this time, Mr. Tippeconnie, would you take roll? MR. TIPPECONNIE: Michael Burgess? MR. BURGESS: Here. MR. TIPPECONNIE: Richard Henson? Robert Tippeconnie, here. Ronald RedElk? MR. REDELK: Here. MR. TIPPECONNIE: Mark Wauahdooah? MR. WAUAHDOOAH: Here. MR. TIPPECONNIE: Darrell Kosechequetah? MR. KOSECHEQUETAH: Here. MR. TIPPECONNIE: Clyde Narcomey? MR. NARCOMEY: Here. MR. TIPPECONNIE: We have a quorum, Mr. Chairman. MR. BURGESS: Would you stand with me for an invocation? CBC 10-9-10 - October 9, 2010 (Invocation.) MR. BURGESS: Fellas, if y'all need a few more minutes to check the minutes. Any corrections? MR. TIPPECONNIE: I'd like to add one thing to the agenda. Is that appropriate at this moment? MR. BURGESS: Let's go down to the minutes. We need to make a motion to approve or table. Gentlemen, anything to add to the minutes or corrections to make? Any name misspelled? Probably not by now. I'll take a motion to approve the minutes. MR. NARCOMEY: Make that motion, Mr. Chairman. MR. BURGESS: Motion made by Clyde, ladies and gentlemen, to approve the minutes of the last meeting. Second? MR. WAUAHDOOAH: I'll second that motion, Mr. Chairman. MR. BURGESS: Second by Mark Wauahdooah. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same CBC 10-9-10 - October 9, 2010 sign. All those abstain, same sign. Now, Mr. Tippeconnie, if you wanted to amend the agenda. MR. TIPPECONNIE: Yes, I'd like to add one additional resolution. Let me find my agenda here. It will be Number 147. It will be acquisition, land acquisition of Mullen, M-U-L-L-E-N. MR. BURGESS: Mullen land acquisition? MR. TIPPECONNIE: Yes. MR. BURGESS: Have you got a watch on, Mark? MR. WAUAHDOOAH: Yes, it's 10:17. MR. BURGESS: Keep an eye on the time so we can adjourn. Resolution Number 147-10 will be added under Resolution 146-10 when we come to that time frame, gentlemen. Any other amendments? MR. WAUAHDOOAH: I have a question. Is there any information regarding the water well arsenic thing? MR. BURGESS: Yes. Are you talking about the development of that tool? MR. WAUAHDOOAH: Yes. Any discussion CBC 10-9-10 - October 9, 2010 on here? MR. BURGESS: No, not at this time. We're waiting until the fiscal year. That would come under new business. We may not get to that area of new business until the next meeting date. We've got all these resolutions here. With that being said, motion to amend the agenda is made by Mr. Tippeconnie. MR. TIPPECONNIE: I might say one thing. It's clear. MR. BURGESS: Second to amend the agenda? MR. KOSECHEQUETAH: I second the motion to amend the agenda. MR. BURGESS: All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. Leading off with Enrollment Resolution Number 130-10, this gentleman has applied for membership to the tribe and was determined to be ineligible. He does not meet all the criteria for the nation's constitutional CBC 10-9-10 - October 9, 2010 membership requirements. He's not a direct descendant of an original allottee. MR. NARCOMEY: Mr. Chairman, I make a motion to approve Resolution Number 130-10. MR. BURGESS: Motion's been made by Mr. Narcomey. MR. WAUAHDOOAH: I second that motion. MR. BURGESS: Second by Mr. Mark Wahadooah. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. Resolution 131-10. This is a list of eligibles, meeting all the criteria. Entertain a motion to accept these new members. MR. WAUAHDOOAH: Mr. Chairman, I'll make that motion. MR. BURGESS: Motion made by Mr. Wahadooah. Second, please? MR. NARCOMEY: Second. MR. BURGESS: Mr. Clyde Narcomey seconds. All those in favor signify by saying CBC 10-9-10 - October 9, 2010 "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. MS. ATTOCKNIE: How many new members do we have? MR. BURGESS: Eighteen. MS. ATTOCKNIE: Eighteen? MR. BURGESS: Prior to that we had a membership of 15,000, somewhere around 15,028 members now. We're growing. We have a resolution here, 132-10. This is a list of prices to be charged for making duplicate copies of documentation for birth certificates, applications, and repeats of those. We get a lot of folks who come and get a copy this week of forms, and they come back next week and want more copies of the same forms, and so it's getting very expensive for us and our office. Enrollment office has done a survey of other tribes and how they account for that. We're charging the most minimum that we run into for tribal members who come back the second or third time wanting copies of the same documents, so we CBC 10-9-10 - October 9, 2010 felt that it's only right that some of the cost be born. Because man, ladies and gentlemen, the price of everything is going up. So we have to do something to maintain control of our costs. MR. WAUAHDOOAH: Mr. Chairman, I make a motion that we accept this motion. MR. NARCOMEY: I second, Mr. Chairman. Good idea. MR. BURGESS: Motion by Mr. Wauahdooah, second by Mr. Narcomey. MR. WAUAHDOOAH: I make a note that there's a pricing list on the Post-It on the office, the enrollment office of what's free, what's not free. MS. ATTOCKNIE: Will that apply to all offices, because we do all get requests? MR. BURGESS: This is just enrollment right now. If it gets to be exorbitant again, we may have to. A note here, tribal ID cards for elders and disabled are one free a year. Replacement cost is $5 if it's lost or stolen. Tribal ID cards for members under age 62 is $5. The same way with lost employee cards. We have to pay for our employee cards if it's lost. But there is a list here and these are, again, CBC 10-9-10 - October 9, 2010 generated on other tribes and what they're charging. So this will be posted on their door at enrollment, most likely posted out in the hallway by the main office of administration. UNIDENTIFIED SPEAKER: So Mr. Chairman, there's not an increase, just the $5? MR. BURGESS: Yeah, there's no increase. Just listing it, because we get people who list their birth records, birth certificates here. They'll come back one week and get a copy and come back another week and get two more copies, and it's costing us money. MS. ATTOCKNIE: We should post that in the newsletter as well for the public. MR. KOSECHEQUETAH: And it should be on the Website, as well. MR. WAUAHDOOAH: Mr. Chairman, I call for the vote. MR. BURGESS: Motion's been made and seconded by Mr. Narcomey here for correction made. It's not enrollment list, it's just enrollment office fees, I'll say. MR. TIPPECONNIE: Yes, office fees. MR. BURGESS: All those in favor CBC 10-9-10 - October 9, 2010 signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. The next resolution is Number 133-10. It's a resolution accepting the list of Comanche Tribal members that are considered elders with the data received by our enrollment department. These are elders that will be listed to receive their elder assisted payments this year. It's a verification of eligibility for all members as of December 31st of this year, which is what we do every year, January 1 to December 31st. MR. NARCOMEY: Mr. Chairman, I make a motion we approve that Resolution 133-10, since we do that every year. Do we have any idea how many elders will be added? MR. BURGESS: I heard there was 28 added to last year's list, but we don't know how many passed away. MR. NARCOMEY: We do it every year, so I make that motion to approve. MR. KOSECHEQUETAH: I second that, Mr. Chairman. CBC 10-9-10 - October 9, 2010 MR. BURGESS: Second by Darrell. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Motion passes. I should say the resolution passes. Moving over to Resolution 134-10. The resolution authorizes to recontract with social services program by BIA. That is to expire soon, so we have to pass this resolution to get it in. Proposed term of the multi-year contract is from January 1, 2011, and December 31st, 2013. Direct services will be provided under this contract for general assistance, child and adult assistance, out of our social services department. MR. WAUAHDOOAH: Mr. Chairman, I support this resolution. But I want to add that we encourage the social services to spend the federal funds first rather than the Comanche Nation gaming funds, as they have been. I do support this. MR. BURGESS: Motion's made by Mr. Wauahdooah. Second? MR. TIPPECONNIE: Make that correction on the term there. Shall be "from" - CBC 10-9-10 - October 9, 2010 MR. BURGESS: The second-to-last whereas? MR. TIPPECONNIE: Yeah. MR. BURGESS: The proposed term of the multi-year contract shall be "from", not "form", January 1, 2011, to December 31st, 2013. Second, please? MR. TIPPECONNIE: I'll second it. MR. BURGESS: Might add, Mark, that recently we passed that resolution which states that the programs cannot spend tribal funds at a more -- I'll just say at a faster rate than they do the federal funds. They have to be on par on a monthly basis. So that's been helping us to see that they stick to the same budget. If they have a federal grant, they stick to that as well. MR. NARCOMEY: We need to reprimand them if they don't. MR. BURGESS: Oh, yes. They've been reminded. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. CBC 10-9-10 - October 9, 2010 MR. TIPPECONNIE: I have to make mention on the last there. In some of these contracts, because we've been high risk and we've yet to be removed, and I think we should be shortly I hope, that we have to spend, you know, our CNG monies up front and then we're reimbursed - MR. BURGESS: Then we get reimbursed. MR. TIPPECONNIE: -- our contract. MR. BURGESS: One of the recent agencies was at a loss as to how we're paying that. I explained to them that we pay it up front and then we get reimbursed for our expenses, so it's accounted for twice as opposed to once. Next resolution is 135-10, the KCA Intertribal Land Use Committee, KCA. This is directing the special trustees of BIA to authorize investment of funds for the KCA on behalf of the KCA. This is to invest 100 percent of account balances of proceeds of oil and gas account, and proceeds of the labor account, which is actual operating account for KCA, into what the Bureau calls a long-term investment strategy. This means that it's going to go from earning .01 percent CBC 10-9-10 - October 9, 2010 interest to approximately .5 percent interest. MR. TIPPECONNIE: Or .1. MR. BURGESS: Hopefully .1. MR. TIPPECONNIE: I wish it was - MR. BURGESS: Well, they're saying that's what it is now, but based on the economy, it may go up. MR. TIPPECONNIE: It may go up. MR. BURGESS: This is the best they can offer under long-term strategy. It somewhat means that they invest in three years instead of one year or overnight certificates. So a one-year certificate is a lot better than overnighters, as they call them. So motion to approve, please? MR. KOSECHEQUETAH: I'll make that motion, Mr. Chairman. MR. BURGESS: Motion made by Darrell Kosechequetah. MR. NARCOMEY: Second, Mr. Chairman. MR. BURGESS: Second by Mr. Narcomey. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes CBC 10-9-10 - October 9, 2010 have it. Resolution 136-10. This resolution states that the CBC is the duly-elected official body designated to conduct business for and on behalf of the Comanche Nation; and Whereas, the Comanche Nation wishes to become a member Indian/Native Government in good standing of the NCAI; and Whereas, the Comanche Nation meets all requirement for tribal membership, pursuant to Article 11, Section 2A of the Constitution and Bylaws of the NCAI. Now therefore be it resolved that the Comanche Nation, which is the official governing body of the above-named nation, hereby authorizes Michael Burgess, who is the official principal tribal official, to take the necessary action to place the nation in membership in NCAI; and Be it further resolved, that tribal funds in the amount of $5,000 - MR. TIPPECONNIE: That should be 15. MR. BURGESS: Fifteen based on enrollment membership, ladies and gentlemen. Be it further resolved that tribal funds in the amount of $15,000, based on the CBC 10-9-10 - October 9, 2010 tribal membership dues schedule in the NCAI bylaws, Article III, Section 3B, are authorized to be paid for membership in NCAI. And there's another correction. Be it further resolved, that based on tribal citizenry of 15,000 plus people, the nation shall have 180 votes, in accordance with Article II, Section 6C of the NCAI Constitution; and Be it finally resolved, that pursuant to Article III, Section 2 of the NCAI Constitution, the nation designates the following persons as delegates and alternate delegates on an annual basis, and instructs them to become individual members in good standing in NCAI in order to fulfill their responsibilities as official delegates to the NCAI annual convention, midyear conference, and executive council meetings. The delegates are Michael Burgess, alternate Richard Henson, alternate Robert Tippeconnie, alternate Ronald RedElk, alternate Marcellus Wauahdooah, alternate Darrell Kosechequetah, alternate Clyde Narcomey. Once this resolution is approved, gentlemen, we all sign off on the original CBC 10-9-10 - October 9, 2010 resolution. MR. NARCOMEY: So it's 15,000 instead of 5,000, is that - MR. TIPPECONNIE: It's 15. It's based upon our membership. It's an annual fee. MR. NARCOMEY: I make a motion to approve. MR. WAUAHDOOAH: I second that motion, Mr. Chairman. MR. BURGESS: Second by Mr. Mark Wauahdooah. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. MS. ATTOCKNIE: The midyear conference this year will be in November, the week of the 14th, I believe, in Albuquerque. MR. BURGESS: Yes. MR. TIPPECONNIE: Yes. MS. ATTOCKNIE: I'm going to go. MR. BURGESS: And at that same time, Vern, I think they're going to have the agenda. I have a letter here from DOJ. They're going to CBC 10-9-10 - October 9, 2010 have some kind of consultation going with DOJ, law enforcement, and tribal leadership between the 14th and 19th. MR. GRIFFIN: It's on the 20th. MR. BURGESS: It's on the 20th, November 20th? So you'll probably have to reach into your account there and set up travel to attend that as well. MR. GRIFFIN: Okay. MR. BURGESS: Motion is passed. Resolution 137-10. Bob, you want to explain that one? MR. TIPPECONNIE: Before we go into this one, I want to say that we passed the resolution to consider a negotiated sale. It doesn't mean we're going to purchase it based upon appraisal. And then when it comes back, we sit down with the land owners to see if we really want to purchase it at that point. So that's what this is. So this motion is on the Corine Heath, that's the allotment, original allottee, and the number is 1591. What I want to mention is that we've already passed a resolution to acquire or to consider the purchase of Mr. James Kowena, who CBC 10-9-10 - October 9, 2010 also is on this 1591. There's three portions to it, there's an F, there's a G, and I believe the other one is E. There are three portions and there are three individual children, of -- well, descendants on this. Each of them have their separate ownership. So we have this new one coming to us offering additional area for sale. This portion belongs to Juanita Kowena Carter, and you can see it's 19.688 acres more or less. It's adjacent to -- there's three parcels there. Mr. Kowena, which we've agreed to, is on the west; Ms. Carter here is in the middle; and then there's one on the right of that, which is another area belonging to Daisy, their sister, who will also be offering hers for us to consider. So we'll have one block with all of them. MS. ATTOCKNIE: Where is the location of this land? MR. TIPPECONNIE: The location is southwest of Indiahoma. MR. GRIFFIN: 290th. MS. ATTOCKNIE: Do what? MR. GRIFFIN: The section just north of Gore on 290th. MR. BURGESS: A few miles west of CBC 10-9-10 - October 9, 2010 Indiahoma. MR. TIPPECONNIE: Yes, southwest. MR. BURGESS: We've talked about James. MR. TIPPECONNIE: There's roads. You know, it's all accessible. MR. BURGESS: So James is the 1591G and 1591 is Juanita Kowena Carter. Do we want to approve both these in one motion? MR. TIPPECONNIE: I think if you'll turn over to 138 quickly, this one's contained 27.94 acres more or less. Yes, I think we can consider them both at one time. Motion to be made. Mr. James Kowena. And then we have -let's see, did we get Daisy's in here? MR. BURGESS: No, we just have Juanita and James. I thought Daisy was -- she's E. That's not in here. MR. TIPPECONNIE: Daisy should have been in here as well. UNIDENTIFIED SPEAKER: James is E, Juanita is F, and Daisy is G. MR. TIPPECONNIE: Yes, we should have had -- excuse me. I think we need to look at all three of them, because they all are together. CBC 10-9-10 - October 9, 2010 They're just parceled individually on the same 5191 Comanche Allotment. MR. BURGESS: I read up here and I see the name here, James, and then I don't see the name Juanita down here. MR. TIPPECONNIE: It shouldn't be James. MR. BURGESS: It should be Daisy? MR. TIPPECONNIE: That's what I was saying. It's a correction. MS. ATTOCKNIE: And this is just a resolution to consider negotiating after - MR. TIPPECONNIE: It doesn't say that we will buy it. Appraisals will be made and then -- we don't see the appraisals. The appraisals go to the landowners and then we sit down and negotiate. Yes, that should be -- excuse me. That should be Daisy in there. MR. BURGESS: On the fourth whereas, 138-10, the fourth whereas will read: The CBC authorizes the purchase for consideration in the amount of BIA appraisal value or higher appraisal, negotiated sale from Ms. Daisy Kowena, D-A-I-S-Y. MR. TIPPECONNIE: It's always an A on this one. So these two, as I was saying, we've CBC 10-9-10 - October 9, 2010 acted on James, so Daisy and Juanita are the two here that we can combine. So we can combine 137-10, 138-10. MR. KOSECHEQUETAH: What's the status of the James? MR. BURGESS: They're going through the appraisal right now. We don't know yet. MR. TIPPECONNIE: One thing I have to mention, the appraisals are made by the office of the special trustee at the BIA, but at this point of the year, in this time of the year, all appraisals turn around and go into farming, grazing, so they're appraising at this time farming and grazing. So if we want to expedite things, which we tell these persons, we will pay for the appraisal up front, but they have to reimburse us for the appraisal. And these parties are okay with that. So to expedite it, then we go to the office of special trustee asking for that listing of approved appraisers and then work that out with them. It would probably be good in this case because we put all three together, and maybe the appraisal would be cheaper 1, 1, 1. MS. ATTOCKNIE: Hope it's cheaper CBC 10-9-10 - October 9, 2010 MR. TIPPECONNIE: I hope it's cheaper, but we'll get it reimbursed if we buy it. If we don't, we stand that expense. MR. GOODIN: Do we get mineral rights if you buy it? MR. TIPPECONNIE: The purchases that we're going through now, we're asking for all, all of that, mineral and surface. That's up to the individual to say whether they want us to have mineral. Normally it's surface, but we ask that they consider granting the both of those. MR. WAUAHDOOAH: Need a motion? MR. BURGESS: Motion. MR. TIPPECONNIE: For 137 and 138? MR. BURGESS: Yes. MR. WAUAHDOOAH: I make the motion, Mr. Chairman. MR. BURGESS: Motion made by Mark over here. Second, please? MR. KOSECHEQUETAH: Second the motion. MR. BURGESS: Darrell Kosechequetah seconds. MR. KOSECHEQUETAH: Mr. Chairman, I want to make a note. As you mentioned earlier, CBC 10-9-10 - October 9, 2010 the lands that we're buying may be remote, may be out of place, but what we're looking for is towards the future, particularly in terms of water. Water is going to become a valuable commodity in the future. We can get the water rights and sell that, big time. We're not going to buy every piece of land there is, but we're looking at water. MR. TIPPECONNIE: I might say, and I know our time is very precious here this morning, but on James Kowena, it's a good place to put an impoundment. And I think we have to think about some impoundments as well as wells. MR. BURGESS: He's talking about water impoundments, not impound lot. MR. TIPPECONNIE: Not impound a car, water impoundments. MR. BURGESS: Motion's been made and seconded. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. NARCOMEY: Nay. MR. BURGESS: Four ayes, one nay. CBC 10-9-10 - October 9, 2010 The ayes have it. I might add, ladies and gentlemen, in the future we don't know what housing is going to look like. What I mean is housing by our people. So it's always good to have this land that we can put homes on as well. If we have to designate it to Comanche Housing or the tribe to build individual homes for elders, perhaps, or young families down the line. Since it is trust land, it's something that we -- we don't like doing it, but we're going to have to do it, buy our own land back. Okay. We're moving on to Resolution Number 139-10. This is the Amos Komacheet Allotment. This, too, is a resolution to consider for purchase the allotment. The original allottee was Amos Komacheet. Where is this one at? MR. TIPPECONNIE: This allotment is - MR. WAUAHDOOAH: Cotton County. MR. BURGESS: Cotton County. MR. TIPPECONNIE: Pretty much all farmland. A portion of it is a little forested with trees. The majority of it is farmed. It's nine miles southeast of Faxon, and it's about CBC 10-9-10 - October 9, 2010 29 two-and-a-half miles east of White Lakes there. I don't know if many people know about White Lakes, but it's lakes down there, it has water in it. So it's about two-and-a-half miles from White Lakes, so you can suggest again it has a water table. It's four miles north of the deep Red River Creek and six miles west of Highway 62, so it sits out south of Faxon. It's sort of -- and then west of -- excuse me -- Highway 44, excuse me. I said 62. Highway 44. MR. BURGESS: So it's near the casino? MR. TIPPECONNIE: Yes. I can pass the map. The one that has the number in it is the allotment. MR. REDELK: Robert, it's listed at 170 acres? MR. TIPPECONNIE: Yes. MR. REDELK: Where did the other 10 acres come from? MR. TIPPECONNIE: Where did the other 10 acres go? MR. REDELK: Where did it come from? They're blocked off in quarter sections and sections, and it's listed as 170 acres as opposed CBC 10-9-10 - October 9, 2010 to 150, so - MR. BURGESS: Or 160. MR. REDELK: 160. MR. TIPPECONNIE: I can't explain that, but it has three lots on it. One lot is a portion of that area. They may have sold 10 acres, because the description gives it by these lots, so it was lotted. So I assume those other acres were sold, because the Lot 1 is 44 acres, the Lot 2 is 45 acres, the Lot 3 is 80 acres, and it totals 170. So they must have at some point had -- I don't know. MR. REDELK: Sold another quarter? MR. TIPPECONNIE: Yes. MR. WAUAHDOOAH: Mr. Chairman, what does this mean? MR. BURGESS: If we don't buy it, it goes out of trust. MR. TIPPECONNIE: I need to mention that. Some of these lands, the individual persons who own them go up to the Bureau of Indian Affairs and say they want to sell their land. In this case, this individual, the owner, wants to sell the land and they have a non-Indian buyer. MR. WAUAHDOOAH: Oh. CBC 10-9-10 - October 9, 2010 MR. TIPPECONNIE: So they want to take it out of trust. Okay? Under the circumstances, the Bureau advises the Comanche Nation. Says since it's a Comanche allotment, we have the first option to say we're interested and that we would like to acquire it. Okay. If we say no today, it will go back to the Bureau and then that person can go to fee. So they will apply for a fee title and it goes out of trust. MR. WAUAHDOOAH: Mr. Chairman, I make a motion that we accept this resolution. MR. BURGESS: We could be outbid. We only are going with the appraisal price. Someone might bid twice the money. MR. TIPPECONNIE: See, we're down the road yet. We say okay, we get in negotiation with them, and then there's a price at that point in time. But at this point, we say yes, we want to consider it, so we'll move and will advise the party, you know. MR. BURGESS: A motion has been made by Mark Wauahdooah, second made by Darrell Kosechequetah. All those in favor signify by saying "aye". (Aye.) CBC 10-9-10 - October 9, 2010 MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. NARCOMEY: Nay. MR. BURGESS: One nay, four ayes, one abstain. MR. TIPPECONNIE: Can I get the map back? MR. BURGESS: It's just a thin strip on the west side, it looks like, between the fence line and the blue line that wasn't sold to others. MR. TIPPECONNIE: 141 is a similar -this one is for instance - MR. BURGESS: 140. MR. TIPPECONNIE: Yes. The 160 is all grazing. The same situation lies here. The individual is willing to go fee, sell it to someone else, but they're willing to listen to see if the Comanche Nation wants to purchase it. MR. BURGESS: This is land that's in Caddo County. MR. TIPPECONNIE: Tillman County. MR. BURGESS: Are you sure? It says Caddo down here. MR. TIPPECONNIE: Excuse me, I'm on the wrong one. Excuse me. I jumped ahead of CBC 10-9-10 - October 9, 2010 you. Mr. Conover, yes, that's correct. MR. BURGESS: This is 40 acres directly north of Indian City. MR. TIPPECONNIE: Directly north down in the flat of Indian City. It's owned by Mr. Thomas Wendt. He lives in California, and he's eager. He also has a non-Indian potential buyer. So we have that first option. If we pass this, we say we're interested. It's 40 acres, more or less. Sits down on the flat. It's accessible. MR. BURGESS: Do we need to do this -- didn't we do this before? I thought we did. MR. TIPPECONNIE: We were about to. We never passed it. MR. BURGESS: Because they do have the Conover. Is that the original allottee? MR. TIPPECONNIE: That's the original allottee, Conover. MR. BURGESS: W-E-N-D-T, the Wendt name. MR. TIPPECONNIE: Yes, W-E-N-D-T. If anybody wants to see it, there's a color map. It lies down in here. Some of it's treed, but it's CBC 10-9-10 - October 9, 2010 along that road. MR. WAUAHDOOAH: So it's near Indian City? MR. BURGESS: North of Indian City. MR. TIPPECONNIE: It's down off the hill, but there are some trees on the south part of the 40 acres. MS. ATTOCKNIE: That's south of Ron's house, isn't it? MR. REDELK: I live in Indian City. MS. ATTOCKNIE: Okay, then it is. (Discussion held off record.) MR. WAUAHDOOAH: Mr. Chairman, I make a motion we accept this land. MR. BURGESS: Mr. Wauahdooah makes a motion to go into negotiations on this purchase. Second? MR. WAUAHDOOAH: Could definitely put houses there. MR. TIPPECONNIE: That's a good spot for something like that. MR. BURGESS: Second? MR. TIPPECONNIE: I second. MR. BURGESS: Mr. Tippeconnie seconds. All those in favor signify by saying CBC 10-9-10 - October 9, 2010 "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. NARCOMEY: Nay. MR. BURGESS: Motion passes. We'll do this last resolution, then make a motion. MS. ATTOCKNIE: Sir, before you do the last one, I do absolutely need to have Resolution 146-10 approved today, please. MR. BURGESS: Oh, that's our grant, huh? MS. ATTOCKNIE: Yes, it's a HUD application for construction of a building on-site to house our social services, our Indian Child Welfare offices and a child daycare center. MR. BURGESS: That, ladies and gentlemen, will be a grant in the amount of approximately $800,000, of which the tribe needs to make a commitment of approximately $80,000 for the childcare. MS. ATTOCKNIE: It's about 120,000. MR. BURGESS: That we need to do? MS. ATTOCKNIE: Yes. The 80,000 is. I'll give you a resolution on the 18th, which CBC 10-9-10 - October 9, 2010 would request that the tribe put on the ballot for our next budget year of 80,000 of that 120 to be used for matching in the form of buying the equipment necessary for the playground and safety and the other 40,000 we can be -- work it in-kind. MR. BURGESS: Okay. That will be fine on the 18th. That's the handout y'all have, gentlemen, that's the resolution. We'll move down to Resolution 146-10. If everybody's in agreement, we'll go ahead. MR. TAHSEQUAH: Jerry Tahsequah. Will this be including, also, the Indian Child Support? MS. ATTOCKNIE: No. I told you that the other night at our public meeting. MR. TAHSEQUAH: No, I suggested that we look into the possibility of adding the Indian Child Support to this since we all are under social services. And my understanding is -- I've seen the drawings of the facility, and my understanding is that it would house 20 children in a daycare center connected to Indian Child Welfare and social services. My recommendation to Ms. Attocknie was to possibly consider adding our Indian Child CBC 10-9-10 - October 9, 2010 Support, too, because they'll be -- we have a building here that's housing both our Indian Child Welfare and our Indian Child Support. And we use every bit of the space, both offices use all the spaces. I'm just making a recommendation that we possibly consider - MR. BURGESS: We had considered that, but because the Indian Child Welfare and the Indian Child Welfare Court don't have their own space, we felt it was priority to have the court and Indian Child Welfare situated nearby and adjacent to each other, because we have families who wait around out here and need to have their own room, their own meeting room and their own waiting room for the court, judges and the clerk. And Indian Child Welfare would be situated there. Now, we only have a number of dollars to go after. To add that program and bring it over here, we have to add another probably 60 to $100,000 to add that space. This has been planned long before the child support services ever came along, to put a building over here to house some of these community and family services programs. So Indian Child Welfare, the two offices they have, would be moved over here, the courtroom CBC 10-9-10 - October 9, 2010 would be there, meeting space would be there, judges would have chambers and four offices adjacent for Indian Child Welfare program. That's been the longest running program we've had from the Bureau. Child support services, while it handles a lot of family matters and everything, it's not necessarily required to be on trust land. The other programs should be on trust land because they deal with trust property services and our people. That's why we're looking at those programs, because of their plus status and mechanism of funding coming from the Bureau. MR. TAHSEQUAH: I'm in agreement with - MR. BURGESS: I understand. I'm just letting you know why it was thought of and not considered in the plan right now. When we come back you can come to the floor, propose that we put in $120,000 to add a wing to that building to bring the child support services over to us. MS. ATTOCKNIE: This is also something before that we've run out of time, but I need to -- most of you already know about it, but this is just a copy. We were just awarded CBC 10-9-10 - October 9, 2010 $1,825,000 for a vocational rehabilitation program for Native Americans with disabilities. MR. NARCOMEY: Thank you, thank you. MR. BURGESS: Let's go to the original resolution, 146-10, then we have a motion behind that. MR. NARCOMEY: Mr. Chairman, this is just to submit an application for a grant? MS. ATTOCKNIE: Yes. MR. BURGESS: Yes. MR. NARCOMEY: Did you say we have to put up 80,000, the tribe itself? MR. BURGESS: Yes. That will go towards -- if it's cash, that will go towards our childcare program, to put them on the further end, for their supplies, materials, office equipment, so we can have that childcare program here in the area. We have a lot of employees who leave their home here and go into Lawton and then come back to go to work. MR. NARCOMEY: Have we got this in our budget? MR. BURGESS: We put $100,000 in our budget for matching grants. MR. NARCOMEY: I make a motion to CBC 10-9-10 - October 9, 2010 approve. MR. KOSECHEQUETAH: I'll second the motion. MR. BURGESS: Motion made by Mr. Narcomey, second by Darrell Kosechequetah. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Resolution passes. MR. TIPPECONNIE: I wanted to see if we could act on this one today, because it could cause things to move. It was the last one I added to the agenda, the Mullen, negotiated sale on Mullen. The last resolution on the agenda amended. I have to hand it out to you. MR. BURGESS: Oh, okay. We have several motions that have to be approved. It can be approved now or on the 18th. This is Samuel Mullen, Comanche Allotment Number 2333. This resolution authorizes to go into negotiations with the family, Carol A. Mullen, on a BIA appraised sale. This is interest in surface and subsurface undivided rights of Carol Mullen. Northwest quarter of Section 4, CBC 10-9-10 - October 9, 2010 Township 001 North, Range 001 West of the Indian Meridian, Comanche County, Oklahoma. It's 80 acres more or less undivided. So that's off of Lee or Gore? MR. TIPPECONNIE: It's south of 7th, south of Lee, and it's adjacent to the soccer field. MR. WAUAHDOOAH: Right there on East Cache Creek. MR. TIPPECONNIE: Adjacent to the soccer field. It's the 160 with the 80, she owns 80 of the undivided. And yes, it has those houses to the east side in the trees. Now, the way I understand it, the girl says because it's undivided -- it's a very, very valuable piece of land. This person owns the majority, you can see, of the acreage. She owns about 80 acres and it's undivided. But if we acquire it, she's tried to partition it before with other owners, which are her brothers and sisters, but they have not been wanting to do that. But they said if the nation could acquire it, it would probably be easier for it to be partitioned, being that we're a government. MR. WAUAHDOOAH: Mr. Chairman, make a CBC 10-9-10 - October 9, 2010 motion to accept this. MR. NARCOMEY: It's trust land? MR. TIPPECONNIE: It's trust land. MR. BURGESS: Yes. MR. TIPPECONNIE: Very valuable land right south of the land that we have above it. It's in a sod farm now with the Sullivans. The Sullivans are leasing it. There is the sod farm and there's some -- there's a tower there. So there's - MR. BURGESS: There's some income already. MR. TIPPECONNIE: There's some income from the tower. I think they said 75,000 a year or something like that. MR. REDELK: Is that on the south side of Highway 7? MR. TIPPECONNIE: Yes, Highway 7, adjacent to Highway 7. MR. TAHSEQUAH: Where does that fit in the flood zone? Is that in the flood zone area? MR. TIPPECONNIE: They consider -yes, good parts coming up from Cache Creek to be in that, yes. CBC 10-9-10 - October 9, 2010 MR. BURGESS: All right. Motion made by Mr. Wauahdooah. Second by? MR. REDELK: I'll second that. MR. BURGESS: Mr. RedElk. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Five ayes. Bob, we have a motion? MR. TIPPECONNIE: Yes, we need to act on - MR. BURGESS: Let's do all of them, three of them anyway. I don't know what the museum is about. Then we need to go - MR. TIPPECONNIE: The museum motion, and I don't want to offend anybody here, but, you know, Mr. RedElk has had an affinity and support of the museum in the past -- I'm speaking for you so you can challenge me. But since we have the new LLC and Mr. Kosechequetah is now on that as well as on KCA, and Mr. RedElk is not on anything at the moment, I just would like to see a motion where he's put on the museum in place of Mr. Kosechequetah. That would be that motion, if that's acceptable. CBC 10-9-10 - October 9, 2010 MR. REDELK: Is that acceptable with Darrell? MR. KOSECHEQUETAH: No. MR. BURGESS: You'd like to stay? MR. KOSECHEQUETAH: Yes. But, you know, there's reasons. There's some unfinished stuff we need to take care of. We have some stuff pending right now that's very important that I've been a part of, so I feel -- I would like to table it maybe. MR. TIPPECONNIE: And reconsider it? MR. KOSECHEQUETAH: And reconsider it, and I certainly wouldn't have a problem with that maybe a month or two from now. MR. NARCOMEY: Did you make a motion? MR. TIPPECONNIE: I said that was what the motion would be considered if it was okay with these individuals. MR. BURGESS: Did you see the packet? MR. NARCOMEY: I got it. I was just curious if you made the motion. MR. BURGESS: We do need five minutes with our attorneys in executive session, so if we approve these travel - CBC 10-9-10 - October 9, 2010 MR. TIPPECONNIE: We have to approve the travel now. MR. BURGESS: Vehicles, about Mr. Henson returning the vehicle he has, which he's done. I'd like to approve all these motions in one vote. Gentlemen, you have all got them there. It details three travels for CBC members to various workshops, and all those who got the NCAI who would like go. I wouldn't be there the whole time. I would be there the last three days of it for the necessary votes. MRS. GOODIN: Mr. Chairman, I want to ask you, when the committee, anyone of the committee are -- like Mr. Kosechequetah going to work at the museum, do they pay them for that or is it a volunteer thing? He's already on the committee. MR. BURGESS: He's on the body. And, Darrell, you've been receiving membership payments with all the committees? MR. KOSECHEQUETAH: Same as we do with KCA or the college, we sit as a board member. I'm not a worker. MR. BURGESS: He's not an employee. MR. TIPPECONNIE: He's an ex officio. CBC 10-9-10 - October 9, 2010 MR. BURGESS: Right, he's not an employee, he just sits on the board of directors basically. MRS. GOODIN: But he does receive a stipend? MR. KOSECHEQUETAH: Yes. MRS. GOODIN: Can I ask how much that stipend is? MR. KOSECHEQUETAH: $200. MR. WAUAHDOOAH: Mr. Chairman, I make a motion we accept these travel. MR. BURGESS: Down to the -excluding the museum, down to the vehicle? MR. WAUAHDOOAH: Yes, excluding the museum. (Discussion held off record.) MS. ATTOCKNIE: So those are five motions? MR. TIPPECONNIE: Five motions. MR. BURGESS: Yes. MS. ATTOCKNIE: Okay. MRS. GOODIN: Would you repeat the five motions, please? Which motions? MR. TIPPECONNIE: The motion is for the chairman to travel to Washington D.C. CBC 10-9-10 - October 9, 2010 MR. BURGESS: That includes Mr. Narcomey there. MR. TIPPECONNIE: Excuse me, and Mr. Narcomey, and then our travel to NCAI, and then travel where they're having a smoke shop management and operation session for two individuals to attend, and then the motion for Muscular Dystrophy. We're contributing to that. And then a motion to cancel the use of the tribal vehicle by the vice chairman. MRS. GOODIN: How much is the donation to MDA? MR. TIPPECONNIE: 700. MR. WAUAHDOOAH: I make that motion on these contributions and for travel. MR. NARCOMEY: Did our vice chairman have a Pikepass, also? MR. BURGESS: There may have been one in there, I'm not sure. MR. NARCOMEY: That's taken away from him, also? MR. TIPPECONNIE: We can amend the motion to be sure it says that. MR. BURGESS: There is one that's assigned to the vehicle, so it would come back CBC 10-9-10 - October 9, 2010 with the vehicle. Second? MR. WAUAHDOOAH: I made the motion, Mr. Chairman. MR. BURGESS: Second? MR. NARCOMEY: I second it. MR. BURGESS: Now the question. MS. MASON: I have a question. When y'all go on these trips, how come y'all never tell us about what y'all learned? All we know is y'all go on a trip and y'all always say, "We don't have any money." Does this trip include your girlfriend, that the tribe is having to pay for her, too? MR. BURGESS: Motion's been made, seconded. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Motion passes. MR. BEARSHIELD: Mr. Chairman, could I ask a question? I know you want to go into executive session. And I was going to ask, recommend we be heard in executive session, because we're under the line item on the agenda CBC 10-9-10 - October 9, 2010 for our sponsorship. Could we speak to that? Because I don't believe we're going to be able to make it on the 18th. MR. BURGESS: Is it David, right, on Number 10? It shouldn't be executive session if you're asking for a charitable contribution, right? You're asking for a contribution to - MR. BEARSHIELD: For our Anadarko convention that we have every year. And it's going to be on November 4th, 5th and 6th, and we have some things that are already on the -- we just need to have a decision really made today. And we would recommend that if we could be heard, and then a decision be made to go in your executive session. Is that what you're going to do? MR. BURGESS: We'll, you've already petitioned us, and it shouldn't be executive session for charitables. MR. TIPPECONNIE: And there's something in your packet here if you go to Anadarko Convention 2010, right? MR. BEARSHIELD: Yes. MR. TIPPECONNIE: It's the Christian Fellowship location. CBC 10-9-10 - October 9, 2010 MR. BEARSHIELD: Last year the Comanche Nation took a lead role in some of the things that we did with the convention. It's a convention that took -- it locates all the southwestern tribes of Oklahoma: Kiowa, Comanche, Wichita, Delaware, the Comanches, and then the Cheyenne-Arapaho. This year we've changed over some of the leadership that's in that and we're looking at the special donation to sponsor these individuals. If you'll notice in your packet, you'll see the line item amount that's going to be there. One of the decisions that needs to be made is because some of the airfare needs to be taken place at a better time frame rather than at the last minute, because the cost is real expensive when you begin to book your flights, and do things that we need to do to get taken care of for that. One of the major things that the Comanche Nation is going to get from this sponsorship is they're going to get their advertisement for their casinos on our commercials and in our full-page ads that are going to take place in the Oklahoma Daily News, Anadarko Daily News, the El Reno Tribune, the Cheyenne-Arapaho CBC 10-9-10 - October 9, 2010 Tribune, and I believe there's numerous other papers that will have the logo of the Comanche Nation on there. We appreciate last year's donation that was given to us and your contribution, Mr. Chairman, for giving towards the convention. We just feel that we -- this is going to allow a prayer for our tribal leader. It's going to not only just the Comanches, but we are having our tribal leaders come in on the Friday of that evening. Lieutenant Governor Jari Askins will be there, and we are going -- some of the contributions that are going to be made toward this are going to be given to her as a recognition of all the southwestern tribes of Oklahoma. We hope that she'll be coming in as the incoming governor. But she will be there as the lieutenant governor to welcome the tribal leaders, as well as the southwestern tribal leader. So we just wanted to let you know. No disrespect to the family that's having a funeral and to the committee here, but we ask that you would make a decision so we could know something here. Thank you. MR. BURGESS: Okay. David, thank you very much. We'll consider this as we come out of CBC 10-9-10 - October 9, 2010 executive session. How much did we assist you with last year? MR. BEARSHIELD: I believe it was 4,000. No, it was 1,200, I'm sorry. MR. BURGESS: Ladies and gentlemen, would you excuse us, please? We have a motion to go into executive session. We're going to have to listen to our attorneys on an issue. MR. TIPPECONNIE: I'll make the motion for executive session. MR. BURGESS: Motion to go into executive session by Mr. Tippeconnie. MR. NARCOMEY: Second. MR. TIPPECONNIE: Clyde seconded it. MR. BURGESS: Second by Clyde. Clyde Narcomey seconded. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. (Executive session commenced at 11:10.) R E P O R T E R 'S C E R T I F I C A T E STATE OF OKLAHOMA ) ) COUNTY OF OKLAHOMA ) I, Kelly Stoabs, Certified Shorthand Reporter for the State of Oklahoma, certify that the above and foregoing meeting transcribed by me is a true and correct transcript of the meeting; that the meeting was held on October 9, 2010, in the State of Oklahoma; that I am not an attorney for nor a relative of any said parties, or otherwise interested in the event of said action. IN WITNESS WHEREOF, I have hereunto set hereunto set my hand and seal of office on this the 22nd day of October, 2010. Kelly Stoabs Certified Shorthand Reporter for the State of Oklahoma S E C R E T A R Y ' S C E R T I F I C A T E I, Robert Tippeconnie, SecretaryTreasurer of Comanche Nation Business Committee, certify that the above is a true and correct transcript of a meeting of CBC Members held at 10:10 a.m. on October 9, 2010, and that the meeting was duly called and held in all respects in accordance with the charters and bylaws of the Comanche Nation and that a quorum was present. I further certify that the votes and resolutions of the CBC Members of Comanche Nation at the meeting are operative and in full force and effect and have not been annulled or modified by any vote or resolution passed or adopted by the CBC since that meeting. Signed:_________________________ Date:____________ Robert Tippeconnie Secretary-Treasurer