TRANSCRIPT OF PROCEEDINGS OF THE COMANCHE BUSINESS COMMITTEE MONTHLY MEETING SEPTEMBER 27, 2010, 1:14 P.M. COMANCHE BUSINESS CENTER 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 Richard Henson, Vice-Chairman Robert Tippeconnie, Secretary-Treasurer 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 commenced at 1:14 p.m. 4 Motion passed to amend agenda. 5 Ed Tahah and Jill Peters present 5 gaming commission budget. Motion passed to approve gaming 9 commission budget. Motion passed to approve Vanessa 16 Vance to write and help submit ICDBG grant to HUD. Motion passed to direct the tax 22 commission to encumber a $1.2 million advance for accessing a letter of credit for Comanche Nation Enterprises. Robin Hopkins. 23 Motion passed to approve gaming 24 board budget. Motion passed to rent Narcomey land 64 for fair. Motion passed for the chairman to 75 discuss with TA the correction of bringing an employee back to service while there's an ongoing investigation. Motion passed to approve naming and 75 appointments of board of managers for the smoke shop and establishment of LLC. Motion passed to adjourn. 76 Reporter's Certificate. 77 Secretary/Treasurer's Certificate. 78 CBC 9-27-10 - September 27, 2010 (Meeting commenced at 1:14 p.m.) MR. BURGESS: We'll go on record. That clock says 1:14. Reconvene the CBC here. Today's date -- what is it? September 27th. Okay. First is your budget for -- our budget for our gaming commission, fellas. And then the second item is approving the contract for a grant writer, just to give you a little bit of the agenda. Bob, did you have anything else to add? MR. TIPPECONNIE: We need a resolution for signatures on the museum. We have no one to sign. MR. BURGESS: Did you get that one, the resolution approving CNE, that discussion this morning, is that what you said? MR. TIPPECONNIE: No. We need that for sure. We need a resolution that approves that. But I said the resolution for the Comanche National Museum. The people went out and they have new officers, so we need to get them on the account quick. So we need to have a resolution passing to remove the old and to put the new. MR. BURGESS: Okay. You'll have the CBC 9-27-10 - September 27, 2010 language when we get there, I'm assuming, more or less. MR. TIPPECONNIE: Yeah. I tried to draft it this morning but I got too tied up. MR. HENSON: Mike, I'd like to talk about Hopkins. I'd like to talk about her a little bit, all the work she's doing and everything and what we should do about it. MR. BURGESS: That will be fifth on the agenda, fifth or sixth, but we'll open here with -- thank you. Ed, Jill, we'll open up with your budget. So motion to approve the agenda as we stated? MR. HENSON: I'll make that motion. MR. BURGESS: Second? MR. WAUAHDOOAH: Second. MR. BURGESS: All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. All right. Ed, we'll give it over to you and Jill. MR. TAHAH: Thank you, Mr. Chairman, and CBC members. I guess you know we met last CBC 9-27-10 - September 27, 2010 week and y'all made the request we cut 15 percent out of our budget. If you would look at the second page of the copy we gave you, we request -the 2010 budget was 4.9. The fiscal year 2011 budget was 2.4, but we're asking for a request for a 3.5 budget. These are some of the cuts that we've made to get it down to 15 percent. So we're just asking y'all to approve the $3.5 million budget. If you have any questions, we'll see if we can answer them. At some place I think they have a breakdown, it has a breakdown of where we came to these figures. MR. WAUAHDOOAH: The positions you'll eliminate, where would they be? Is it surveillance, administration, or is it underneath compliance? MRS. PETERS: Surveillance, compliance, administration. MR. BURGESS: Will the majority be in compliance? MRS. PETERS: Surveillance. MR. BURGESS: Is that going to impact the requirements to meet the MICS? MRS. PETERS: No, because some of those positions are empty. We're going to stick CBC 9-27-10 - September 27, 2010 with having three shift supervisors. So we'll be fine with that. MR. BURGESS: Okay. So we're still within the MICS? MRS. PETERS: Yes. MR. BURGESS: What if we moved up numbers of machines at the two larger facilities? Will that require more? MRS. PETERS: No, we'll be good with the number of operators and having the room on each shift. MR. BURGESS: We haven't discussed this part of it, but it just popped in my mind. What if we put up that big tent and put bingo in? Would it require more surveillance cameras or people? MRS. PETERS: It would require more cameras but not more manpower and surveillance. MR. BURGESS: Okay. Well, we thought about putting that up and splitting it between half of it being casino and the other half being the bingo area. Where, we don't know yet, but that's the future. I just want to make sure that maybe at that time if we have to adjust the budget, we come back and modify it. CBC 9-27-10 - September 27, 2010 MR. TAHAH: So you're thinking about doing that in the next fiscal year? MR. BURGESS: Yes. Probably after the 1st we'll figure out what the best site is. MR. TAHAH: Most of it will be equipment-wise. MR. BURGESS: Fellas? Budget questions, discussions? I think we've got them at bare bones. MR. TIPPECONNIE: You really saw no problem to this? MRS. PETERS: It's doable. MR. TAHAH: It's doable. We can live with that. The only question we ask is that we need to have a decision made sometime this week, because starting October 1st is our fiscal year, and if you don't approve it, we won't have no money to operate on. That's probably what you're working on. MR. HENSON: We can approve a continuing resolution. MR. TAHAH: At least give us some spending money so we can operate. MR. BURGESS: Do you know what that means? Operate on last year's money and we don't CBC 9-27-10 - September 27, 2010 have any. MR. HENSON: We've done that a lot of times in the government when we don't have any. MR. TIPPECONNIE: I make a motion to approve gaming commission budget of 3,589,797. MR. BURGESS: Motion made. Second? If we don't approve it, guys, we won't have a casino. MR. WAUAHDOOAH: Mr. Chairman, I second the motion. MR. BURGESS: Second by Mr. Wauahdooah. Okay. All right. Any discussion? Call for the question. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. MR. NARCOMEY: Nay. MR. BURGESS: All those abstain, same sign. Budget passes, one nay. MR. TAHAH: Do we get to go eat lunch now? As Chairman of the gaming commission, I appreciate it, appreciate your confidence. We will do our best to keep this under budget. CBC 9-27-10 - September 27, 2010 Whether we can or not, we'll work as closely with the budget as we can. MR. BURGESS: Is there going to be a problem if y'all just operate with three commissioners for a while? MR. TAHAH: As far as I know, it won't be a problem. MR. TIPPECONNIE: With no alternate. MR. BURGESS: Just for a while. Let's see how it works. MR. TAHAH: I think the commissioners that we got now, you know, they'll be here every time we have a meeting and everything. I think the guidelines said we could do with two, go ahead and conduct business with just only two people. MR. BURGESS: That'd be fine. We'll wait a little while. MR. TAHAH: I think we can go ahead and continue with the three commissioners that we've got. MRS. PETERS: They're always pretty much available. MR. TAHAH: I don't think there's very many of us that ever missed a meeting. We might have been late a couple of times. CBC 9-27-10 - September 27, 2010 MR. BURGESS: Even if it is on a Saturday. MR. WAUAHDOOAH: Ed, one quick question. Visiting some of the grassroots people down at Red River, they were complaining about the bureaucratic level. Like just getting gasoline and borrowing a pickup truck, they said they have to go through layers of bureaucracy just to get something approved. I just wonder if something could be streamlined or eliminated. MRS. PETERS: To borrow a vehicle? MR. WAUAHDOOAH: Yeah, it just takes all day long to process an application to go pick up a box or something. MRS. PETERS: That would have to be discussed with the gaming board. MR. TAHAH: We only have three vehicles ourselves, don't we? MRS. PETERS: Yeah, and they're parked here. MR. HENSON: How many vehicles do y'all have? MRS. PETERS: We have two surveillance vans, SUV, and the red Ford Taurus. MR. HENSON: What are those four used CBC 9-27-10 - September 27, 2010 for? MRS. PETERS: Ted goes to the four casinos daily and the red SUV is mostly Jonathan and Melissa, which is gaming machines. They're in the casinos daily for upgrades and installs. MR. HENSON: Well, that accounts for the $8000 vehicle expenses. MRS. PETERS: Yes. And also - MR. HENSON: I was wondering why that was so cheap. That's why I was asking the question. MRS. PETERS: Also, under that travel and training, part of that is to reimburse the employees when they use their personal vehicles when the vehicles aren't available. MR. HENSON: Any questions? MR. TIPPECONNIE: I have to leave. Can I get to the one on the museum now? MR. BURGESS: What is your phone call on? MR. TIPPECONNIE: It's with the secretary at large group. Now he only meets with two people other than his staff and I'm one of them. So I have to meet with him every Monday. And then we're going to bring it back to the whole CBC 9-27-10 - September 27, 2010 group here at NCAI or before our meeting. MR. BURGESS: Is this Larry or is this Salazar? MR. TIPPECONNIE: Yeah, it's with - MR. BURGESS: Larry? MR. TIPPECONNIE: Salazar. MR. BURGESS: Salazar, okay. All right. MR. TIPPECONNIE: So anyway, the resolution is -- I don't want to go through all the whereases and all that in the front end, but it comes around to, "Whereas, the new officers have been selected for the Comanche National Museum. The former officers being" -- and I list them -" Mr. Dan Bigbee and Patricia Whitewolf to be removed as signatories from the Liberty Bank account of the museum, and that the new signatories be" -- I need to get these names for sure -- "Patsy Couts, Jane Meyers and Blanche Wahnee." So those names will be put in there, and they need it right away because they have nobody to sign on their accounts. MR. BURGESS: They should turn it over to us and let us sign their accounts. CBC 9-27-10 - September 27, 2010 MR. TIPPECONNIE: I don't think we want to sign their accounts. MR. BURGESS: That's why I'm wondering, why are we approving it? They're the body. MR. TIPPECONNIE: Because the banks always respect the resolutions on accounts from us, from the CBC. MR. BURGESS: But if they're moving towards independence, then part of that for us is to release them and let them start their own accounting system, and they should be filing for their own 501(c)3. MR. KOSECHEQUETAH: I agree with you. I don't know why this would even come to this body, to tell you the truth. MR. TIPPECONNIE: We appoint the museum's board, so because we appoint them, we've been doing the resolution for the signatory. MR. KOSECHEQUETAH: Up to this point, they've always been a part of our accounting system, also. MR. TIPPECONNIE: They have a separate accounting system, but the signatories have always been by resolution from the tribe. CBC 9-27-10 - September 27, 2010 Like the tax commission and others, you know. MR. HENSON: You think they're appointees from the board? MR. BURGESS: What family is the Couts lady from? MR. KOSECHEQUETAH: She's Jim Patterson's sister. MR. TIPPECONNIE: Yeah, Jim Patterson's sister. MR. BURGESS: Okay. MR. HENSON: I'll make a motion we approve that resolution. MR. BURGESS: Motion's been made by Mr. Henson. Second by? Second? MR. KOSECHEQUETAH: I'll second it. MR. BURGESS: Second by Mr. Kosechequetah. MR. KOSECHEQUETAH: Just so we can move forward. I have a protest, but I'll leave it -- I'll sweep this one under the rug for the better business on the larger picture. MR. BURGESS: Call for the question. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same CBC 9-27-10 - September 27, 2010 sign. All those abstain, same sign. I abstain. MR. TIPPECONNIE: Okay. MR. BURGESS: Okay. I have before us a contract to approve Vanessa Vance to write and help submit an ICDBG grant or the Indian Community Development Block Grant out of HUD. This is the block grant that will go for $800,000. We want to put a community services building up, which would include Indian Child Welfare, the CHR program, child support services, and our early childhood day care center at the complex should we be fortunate enough to receive this grant. MR. TIPPECONNIE: How much is the grant? MR. BURGESS: 800,000 max. We may -I'll put this -- make this an asterisk. If the tribe kicks in $180,000 and utilizes services of the commission corp, we're eligible for 10, 15 extra points on our rating scale. So the plan is to fund -- the tribe may have to fund as much as 180,000 and commission corp, their effort will come forward. Not at a rate from us, but out of the contract. So that gives us 10, 12 -- 12 or 15 extra points in our rating, which we didn't have last year. And we missed out on funding, but we CBC 9-27-10 - September 27, 2010 rated high, but not high enough to get funding. We were rated like at the 70 percentile. MR. TIPPECONNIE: If we put the 180 in, it probably will help us rate. MR. BURGESS: If we match. We can match indirect cost, we can match our cash. I told them already to put us down for $40,000 for the child care playground. MR. TIPPECONNIE: Who is this commission corp? MR. BURGESS: Corp of engineers. They'll be like management representatives. MR. HENSON: Who is the grant writer again? MR. BURGESS: Vanessa Vance. MR. NARCOMEY: How are we paying her? How much are we paying her? MR. BURGESS: Hers will be a maximum of $4,000. One half initiation and the other half at completion. MR. NARCOMEY: A total of $4,000? MR. HENSON: And that's whether we get it or not? We're going to be gone $4,000, be out $4,000? MR. BURGESS: We have to. We have no CBC 9-27-10 - September 27, 2010 grant writer on hand to do this. MR. WAUAHDOOAH: She's good. MR. NARCOMEY: We need a motion? MR. BURGESS: We need a motion to approve the contract. MR. NARCOMEY: I make the motion. MR. BURGESS: We've got a motion made by Mr. Narcomey. MR. WAUAHDOOAH: second. MR. BURGESS: Second by Wauahdooah. Questions? Discussion? All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. KOSECHEQUETAH: Hold on. I've got one question. I just thought this out. Did we approve the signature authorities for the Comanche Nation College or Comanche Nation Enterprises or Comanche Nation Economic Development? No, the boards do that because they're separate. Therefore, we shouldn't be approving the signature authority for this. It should be left with that body. MR. BURGESS: Let's come back with a CBC 9-27-10 - September 27, 2010 resolution and then they have to get theirs and we'll have to get a resolution telling the bank we released that responsibility to them. But to get them started - MR. KOSECHEQUETAH: What I'm saying, that responsibility already is theirs. MR. HENSON: If that's what you're saying, we need to write a letter to the bank. The bank does everything by resolution for us. We'll just write them and tell them they've got their own responsibility for signature. MR. TIPPECONNIE: The bank has to have it in hand, yes, and they always go by the CBC resolutions. MR. BURGESS: On the 9th, we can release that, that resolution telling the banks we've given that authority over to them. MR. KOSECHEQUETAH: That would be a resolution of authority, not a resolution of appointing signatures. MR. TIPPECONNIE: If they have the resolution of authority, or whatever we're going to call them like that. Then we grant them to do that, and they can do whatever. But some of them, like the corporation, see, it's in their bylaws, CBC 9-27-10 - September 27, 2010 it's in the corporation structure to do that. Economic development has an act and they do it under those kind of things. The museum doesn't have an account, they're operating under bylaws and some general understanding with the CBC. The tax commission is different. They have an ordinance they've established, and then when we meet, we meet as a tax commission and we authorize signatures. We authorize signatures. But then they're operating under some real, you know, authority as a commission. And the museum doesn't have that as of yet. They may have created it. MR. KOSECHEQUETAH: But what should have happened was it should have been the CBC give authority because of the separation resolution that we already went through and the separation of HR and banking account system. Should have been part of that resolution. If it wasn't come later and then giving them the authority to do that as a body, and then that body would have to get together and -- because how are we to determine at this level who there is best suited for the signatures? MR. TIPPECONNIE: Well, it's your auditors. CBC 9-27-10 - September 27, 2010 MR. KOSECHEQUETAH: What I'm saying is what if this one lives six hours away? Are they the one -- well, they could be designated by the board, somebody who's a little more local to be part of this signature authority. You see what I'm saying? They could make that assessment and size that up as a committee, where sitting at this level we don't see that. MR. TIPPECONNIE: Well, we can get a recommendation properly when you're in place, you know. But I think you need to construct those kind of things within the museum. And then we can - MR. NARCOMEY: He's in a separate -say, for instance, like housing and the college and economic development, that group there. Does the museum fit over here with this group or are they still under the tribe? MR. TIPPECONNIE: We're attempting -and that's what we've done, separate them from us. But we still -- they still don't have all these kind of documents under which they operate. MR. NARCOMEY: Because they didn't over here under economic development. MR. TIPPECONNIE: No, it's a separate CBC 9-27-10 - September 27, 2010 body. MR. NARCOMEY: That's something we need a resolution to pass. MR. TIPPECONNIE: Well, anyway, I have to rush, I hate to say that, to get on this call. MR. BURGESS: Bob, what else do you have on the agenda? I didn't write it down. MR. TIPPECONNIE: We had the one here on the tax commission, pass that resolution. MR. BURGESS: You wrote there was four items, five items. The motion is to direct the tax commission to encumber a $1.2 million advance from tax commission funds for accessing a letter of credit for Comanche Nation Enterprises. MR. HENSON: I make the motion. MR. BURGESS: Motion's been made by Mr. Henson. MR. KOSECHEQUETAH: I'll second that motion, Chairman. MR. BURGESS: Second has been made by Mr. Kosechequetah. We all heard it this morning, so barring any further discussion, call for the question. All those in favor signify by saying "aye". CBC 9-27-10 - September 27, 2010 (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. MR. NARCOMEY: Nay. MR. BURGESS: Abstain. One nay, one abstention. The ayes have it. So we get a resolution, fax it over to them this afternoon so they can get started. And now, Bunky, you want to talk about Robin Hopkins. MR. HENSON: I don't know if the rest of the CBC knows, but Robin's been working really hard, I guess for, what, four or five months now, on her own. MR. BURGESS: Discussion with this and bringing things forward. MR. HENSON: She's kind of been working with the CBC about whatever we wanted, actually. We'd bring up some kind of enterprise, she'd run out there and get all the information she can. I was just wondering if we should do something about that. You know, hire her or make her a part of whatever. But she has been doing a lot of leg work out there free for us. I wonder what the thoughts of CBC was. CBC 9-27-10 - September 27, 2010 24 MR. BURGESS: Are you thinking about the lines of a consultant contract? MR. HENSON: Well, I don't know. That's why I was bringing it up. I know we should do something, but I don't know what we should do. Either maybe on the lines of a contract, or gifts or special recognition or something or another. I mean, she's been really working her legs off bringing all this stuff to us. MR. KOSECHEQUETAH: Can we go off the record? MR. NARCOMEY: Has she accomplished anything? (Discussion held off of the record.) MR. HENSON: I'll make a motion to approve the 25 percent budget. MR. BURGESS: Which is 964,579. The actual number is 964,579. MR. HENSON: Which reminds me, is there any way that we can get in on the approval of the casino budgets? MR. BURGESS: That question comes after you make the motion. Second? MR. WAUAHDOOAH: Second. MR. BURGESS: Second by CBC 9-27-10 - September 27, 2010 Mr. Wauahdooah. Motion made by Mr. Henson. Call for the question. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay." All those abstain, same sign. MR. NARCOMEY: Nay. MR. BURGESS: The ayes have it. One abstention. Okay. Bunky, your question is, is there anyway we can get in on the gaming operation's? MR. HENSON: Yeah. Is there any way we can get in on the approval or at least help with the commission board or the board to do the casino budgets? The reason why I'm saying that is, you know, you take a look and you go walking around, and they're spending money here, they're doing things here. To me it just looks like they're spending money ridiculously, the casinos. And at first I thought it was the same budget that the gaming had, the board, but it's not. Each one of the casino's got a budget. MR. BURGESS: Well, you want them -they each have to - CBC 9-27-10 - September 27, 2010 MR. HENSON: I would really like to see the budget of the casinos is what I'm saying. I seen three EX cars pull into the casino this morning when I come down here at 9 o'clock. I don't know who they were, but they were all going to the casinos. MR. NARCOMEY: They had a meeting there this morning. MR. HENSON: They did? I heard they had a meeting here. MR. NARCOMEY: Yeah, that's what I heard. MR. HENSON: Yeah, there was a meeting going on here. I don't know about at the casinos. But the three EX cars going into the casino got me thinking, well, do we know how many cars the casinos got? Because every time I turn around, somebody's driving a new car. MR. NORMAN: Those are questions for your board. MR. HENSON: That's what I'm saying. Is there any way we can get in on the discussion of the - MR. NORMAN: I think you need to pose the questions to the board. Tell them what your CBC 9-27-10 - September 27, 2010 concerns are and what your questions are. MR. BURSON: There's no disability for you doing that in your ordinance for you to have participation in - MR. HENSON: Because if we just cut the gaming board, that doesn't mean they have to cut the casinos. Casinos could still be fat. MR. BURGESS: Well, we'll have to sit down and discuss it with them. MR. KOSECHEQUETAH: Where those other recommendations come in and we discuss those with the gaming board at our next meeting. Before too long there were three or four different items that I brought forward that will affect the individual budgets. MR. HENSON: They had, for instance, what Darrell had brought up before in all them questions about how they could cut the operation and the cost and everything. I went down to the casino Friday night and I went over to get a corn dog. And I seen this sheet right there that says, "Employees can only order this." And there's a whole lot of stuff that they could order. So I guess that was all free to the employees. And when I was over there Friday night, the parking CBC 9-27-10 - September 27, 2010 guy, or the guy that - MR. NARCOMEY: Valet? MR. HENSON: No, the other one, the one that got our buggies and stuff -- I had a problem and I was going to ask to see the supervisor out there. I was told that he left at five after 4:00, I guess. And he had left the premises and nobody knew where he went. So I waited and waited and waited. About five after 9:00, he showed up. Then when I went back outside -- I didn't get to talk to him, but when I went back outside, he was driving that white van and all he was doing was circling, driving all the way through the parking lot and everything. I thought, What's on going on here? I had talked to -- I told Sharrod about it, so I'd like to know what was going on. Especially like to know where he went during that five hours he was gone and if he was on the clock. MR. BURGESS: That was who now? MR. HENSON: I don't remember his name. He was the supervisor Friday night supposedly. I did get to talk to the -- some guy named Davis, who was supposed to be, I guess, acting or whatever. And I had asked him where the CBC 9-27-10 - September 27, 2010 supervisor was, and he says, "I don't know." He says, "He just drove off." That was over here at Comanche Nation Casino. MR. BURGESS: That's why we got the board. I passed out to you guys the budget here. Ron left too early to discuss it. This is the budget I'll be talking to the superintendent with. This is the increase of per cap to 60 percent. You will see the numbers on the far right which will show the decrease in dollars per each area of economic development, tribal government, community and education. MR. WAUAHDOOAH: Money for land acquisition which we have not spent, that carries over? MR. BURGESS: Well, what we've collected will carry over. MR. WAUAHDOOAH: The 1.2 million? MR. BURGESS: Well, we didn't collect all of -- let me find it. We didn't collect all of that previous -- this is the proposed. Out of the previous, we possibly collected 75 percent. I'm just being conservative here. So if it was at 3 million last year, we probably collected 2., what, 2.25? And we've used some of it along the CBC 9-27-10 - September 27, 2010 lines that we purchased land with. Chas, we did pass your budget at the 964 level. MR. ROBBINS: Okay. Thank you. Yes, sir. Excellent. MR. BURGESS: And the resolution will be coming forward. MR. ROBBINS: Okay. MR. BURGESS: We'll probably get it signed and printed before Monday, but it's been passed, so it's on record. MR. ROBBINS: Excellent. Any questions or anything I can help with? MR. HENSON: Yeah, how much more can you cut? You did a good job, by the way, of getting it down here. I appreciate it. MR. ROBBINS: Thank you. We'll make it work. I appreciate y'all passing it. MR. HENSON: Mike, I got a question for you on this budget. MR. BURGESS: Okay. MR. HENSON: On this revised budget, what was your base? MR. BURGESS: Hang on. Chas, help us with it. CBC 9-27-10 - September 27, 2010 MR. ROBBINS: Oh, okay. MR. BURGESS: Baseline is we projected totals. Now if you take the 16 million -- I don't recall if that was -- we were coming in at 25 million to reduce that. It came in at 25. MR. ROBBINS: That was the projected. MR. BURGESS: Yes. Total. But with the loss of 21 percent -- I don't remember that. Sharrod, we passed your budget, but we're discussing this per cap issue thing, the new budget and revised. I'm telling the guys that I've got a letter prepared. I've got to attach last year's budget. I have to attach the changeover and how it's going to affect us, because the question will be: Can you afford the new per cap and how does it affect your operations? Every entity we have down there that receives money, they want to know will this be justified. We have that question to face, so I'm bringing it forward. I'm just going to show them this budget. I'm not going to sit here and tell them each one of these line items. If you look at CBC 9-27-10 - September 27, 2010 economic development's, reduction of 10 percent. We go from 10.0 million to 4.1 million. Tribal government's not the same, but still our revenues may not meet it. Remember, we came in thinking we're going to do some projections, and we said the 60 percent we get we were talking about a $25 million budget. Am I right or wrong? Chas can show me when he get his graphs up. Some of these things we'll have to give here. We already know what we think the -might think they want to cut, but do we want that to be cut? The college, economic development, Comanche Nation Enterprises, land acquisitions, housing. They're talking about telling us to cut housing. And housing is going to lose another half-a-million in two years simply because of numbers. Housing stock is down. Federal government is going to reduce our housing over two years' time and we lose federal funding by 12 percent at max. So starting -- the countdown is October 1. By October 12 next year, they'll reduce it 5 to 7 percent. MR. NARCOMEY: It seems like I read somewhere where housing got awarded two million in the past four or five months. CBC 9-27-10 - September 27, 2010 MR. BURGESS: Yeah, they cleaned up -- in 13 months time he's cleaned up five, six, seven year's outstanding bills where they were able to collect money on them. Then he got funded for this past year, 2010. That's the $2 million that came in. They collected a little less than a million dollars on the last seven years' outstanding bills that he cleaned up. He and his staff were able to clean it up, they collected it. But do you know what that does? That creates a windfall for a few months, because now they got all these houses they're going to be putting into place. They have the housing plan and they have to follow that. So they can only put in about four homes based on the '09 plan and now the '10 plan. Now they're doing the '11 plan, so they have that money committed, building homes in residential areas. So they don't have any money. After 2011, they have no money to buy land to put homes on. They have to do one or the other. That's why they want to have a joint meeting with us, but his board said after October, to sit down and map out a long-range strategy with us and housing. One year they'll build homes, we buy CBC 9-27-10 - September 27, 2010 land. Next year they buy the land, we give them money to build the homes on. We're going to have to piggy back each other with our funding. MR. HENSON: Mike, how did you do this? This first one, economic development, 25 percent. CN Enterprise, Incorporated, we budgeted for 1.5. And then what's the 15.58 percent? MR. ROBBINS: What I did on those, Bunky, is that if we went with the general council-approved budget where they had them broken down by line item, that is a percentage of what it is for its category. So CN Enterprises, Inc., was 15.58 percent of all of the economic development budget. MR. WAUAHDOOAH: Of the original budget? MR. ROBBINS: Of the original budget, yes, sir. So the next column where we go in and say that economic development makes up 10 percent of the total budget. If CNE, Inc. was to continue to be 15.58 percent of the subcategory, then it would transfer over to the 646,476. So it basically keeps it in proportion. MR. KOSECHEQUETAH: It's all relative in proportion? CBC 9-27-10 - September 27, 2010 MR. ROBBINS: Absolutely, yeah. They have the same percent of each subcategory as they did with the original budget. That's not to say it has to be that way, it's just as a reference -start. MR. HENSON: So this is to going to be the budget that they're going to have for 2012? MR. ROBBINS: Well, this is actually 2011. MR. HENSON: I mean 2011, yeah. So we're going to have to cut them from 1.5, which we budgeted, all the way down to 6.4 -- 646? MR. BURGESS: This is what happens if the 6 percent per cap is approved by the - MR. HENSON: Yeah, that's what I'm saying. MR. BURGESS: That would be the 2011 budget. On the left is the budget approved. This -- we could just theoretically say this would be the 2012 year. If the BIA is approving it, it's up to us to do it retroactively or by the date it's approved. MR. HENSON: The reason I'm asking that question is they cut down from 1.5 all the way down to less than half. And the same thing CBC 9-27-10 - September 27, 2010 goes for the next one. MR. ROBBINS: So what's happened here, we know that under the approved budget now, economic development gets 25 percent of this 60 percent, right? So if the per cap was to go to 60 percent, we're now working off of 40 percent. So in this instance, they're getting 10 percent of 40 percent as opposed to getting 25 of the 60. MR. HENSON: Okay. Now, I can see. MR. ROBBINS: How close are you guys really wanting to get this to actual? Because even though we gain insight, you're overshooting it a little. MR. BURGESS: What were our projections for the year? That was his first question. You kind of -- here. What were we basing this budget on when we projected it? MR. ROBBINS: We were basing it off the FY '10 budget, because we were only half way through fiscal year '10. So that's basically all we could get. We had to complete our budget. In fact, the board hasn't approved our budget yet. It's done. MR. HENSON: Shouldn't we -- instead of budgeting it from the FY '09 budget, should we CBC 9-27-10 - September 27, 2010 budget from what's actual, the money is actually coming in? MR. ROBBINS: What would be ideal is if it was tied to the budget that we have for FY '11. What we have is budgeted spending for FY '11 coincides with what we're projecting to be able to fund. If, for example, we are able to operate off of a year's worth of reserves, then you could very easily budget off of FY '10 actual was. But since we're spending FY '10 actual every month, it almost needs to coincide with our FY '11. MR. TABBYTITE: That's an issue there. Chief, I don't know how many times I've talked about this. The timing difference between your budget and our budget, there's at least a six-month lag. You get your budget approved for the upcoming year in May. We don't even start our budgeting process until July. So you finish up your budget for the same year we finish up ours, but you finish yours six months before we do. MR. ROBBINS: It's really only been the last two years that caused the hiccup. Because we've gone through those years before where we had double-digit increases. We had no competition, the economy was in good shape. So it CBC 9-27-10 - September 27, 2010 didn't really matter so much whether or not your budget coincided with ours because we performed more than what we expected. Last year was the first time that we were actually down a little. So what happened during those last couple of months, the distributions were less. Beginning this year, what we're seeing was that we had to get -- we had to do what I kind of call true-up to what reality is, and we had to decrease the September distributions and it was painful. The Kiowa operations, they made -you know, they're expecting to have the same expenses. So if we could go into the tribal budget being as close to what we're expecting at the beginning, that would be a lot better. MR. BURGESS: And, see, it was projected an income of -- total gaming contributions would have been 41.4. MR. ROBBINS: The unapproved budget, the board has not approved this, so there could be changes to this for FY '11. MR. HENSON: That's $8 million down from last year? MR. BURGESS: That's more than eight. MR. HENSON: What was it last year? CBC 9-27-10 - September 27, 2010 41, wasn't it? MR. ROBBINS: You're looking at net income. We've got to be careful on our definitions of net income. This is net gaming revenue less -- it's taking principal reductions, capital improvements, everything that comes out before it goes to distribution. So when we look at bottom line, the bottom line is projected to be higher than this. Bottom line is projected to be -- well, you just passed the board budget and the gaming commission budget, so this number is after those budgets as well. So that's a decent amount. The net income that's being projected - MR. HENSON: -- 2.2 million? MR. ROBBINS: We're projecting a net income of 42.6 million. MR. TABBYTITE: Chas, I think you need to go through that explanation again, because it is confusing. MR. ROBBINS: Okay. MR. TABBYTITE: Mr. Chairman, the 42 is actually the net income forecasted. MR. BURGESS: Forecasted for this year? MR. ROBBINS: So the way the revenue CBC 9-27-10 - September 27, 2010 allocation plan works -- it's easy for me to do this, too. It is easy for us to think that all net income goes 60/40. But the reality is, is that it's net income less principal payments and we always say we don't have any debt. But the reality is we do have that small VGT note that we did to finish the CNC renovations and we also have some small equipment leases on large currency counters that were a couple of hundred thousand dollars. So we have to make the principal payments on those. So it's less the monthly principal payments, it's less the capital improvements for that month, and then it's also less the board and the gaming commission budget. And here's how -- this is how we're dealing with that budget. Because remember in March of 2008, we had this huge debacle where the auditors had come back in and made a determination that said that the board's budget and the gaming commission's budget cannot be booked as operating expenses. You can't write that off as an operating expense. They're parts of the tribe, so you're -- that's an equity distribution just like if we were giving distributions to the tribe. So what we were able to do, to still get the same CBC 9-27-10 - September 27, 2010 effect is we treat it as a distribution that is pre-revenue allocation. So it has the same accounting effect as an expense. So here, we have a bottom line that is ready for RAP. And this is your 60/40. MR. BURGESS: Right or wrong, but I always assumed that's what you were doing. After all those payments and requirements - MR. ROBBINS: Yes, sir. MR. BURGESS: And then our 60/40 came out -MR. ROBBINS: Came out of this bottom line here and that's the difference between -here is the top line, and this is the amount after all of those. MR. TABBYTITE: So NI over here is 42.6, so we're at -- the bottom underlined over there is 33.3? MR. ROBBINS: Yes. MR. BURGESS: So we're looking at a down time again, a double dip here in this economy, and we need to go ahead and budget whatever percentage difference that is, apply it to this budget. MR. ROBBINS: So if you were having CBC 9-27-10 - September 27, 2010 to run operations off of 40 percent of that number and you are now getting from gaming contributions 13.3 million, as opposed to -- as opposed to -yeah, 25 is if you kept the full 60 percent. The 16.5 is when you were assuming that 41.4 was coming from gaming. So if it changes then it actually becomes 33 million. MR. BURGESS: Per cap would be? MR. ROBBINS: Per cap would be 28,010,000. MR. HENSON: This is what you turn into the Internal Revenue -- I mean turn into the BIA and you -- 2489. MR. ROBBINS: That's when we were looking at the top line. MR. BURGESS: Yeah, that's what we need to have for the Bureau, but now it comes back to reality. We've got a budget showing we're going to get 41 million contributions with the potential difference -- I'm going to say 10 percent difference in the economy going -dropping 10 percent. We're going to drop 10 percent in earnings. So 10 percent off of 41 million is 4.1 million. So we need to come in at -- us, we said 25. We should be coming in at CBC 9-27-10 - September 27, 2010 20. We could say 18 million. That's what it's going to be. Reality. MR. TABBYTITE: That's assuming the reverse, where 60 percent goes to per cap and 40 percent - MR. ROBBINS: So if it doesn't pass, then you've got 20 million and 10,000 for tribal operations. If it does pass then you got 13 million. MR. HENSON: But this is projected the 41 million we got last year, right? MR. BURGESS: No, our total gaming contributions was projected at 41 and it's not coming in at that, is it? MR. ROBBINS: Our net income is expected to be -MR. TABBYTITE: Our income will be 41. MR. ROBBINS: Will be 41. But the amount that actually goes through the Revenue Allocation will be the 33.3. MR. HENSON: And that's what this should be, to go to the BIA. MR. BURGESS: No. When you look at the second page, Bunky, we're saying minus the CBC 9-27-10 - September 27, 2010 revenue allocation plan we were going to get 25. Because we thought the total would be 41, but it's going to be 41 and total -- minus Revenue Allocation Plan, whatever that difference is, 16.5. Is that right? Am I right, Chas? MR. ROBBINS: Yeah, I would say if you want to run this one by this column to see what you're going to have for governmental operations, I would use the 13.3 as opposed to the 16. The 16.5. MR. HENSON: That's what I'm saying. MR. BURGESS: Okay, all right. That's what we have to show a figure of 13-some million. But here's what happens in their mind's eye, back to the per cap, and that bumps it up to 20 million but we divide that, take out the elder payments. Let say it's, what, an easy mill? Let's take out a million for elders, you divide the balance by 15,000 and, shoot, better divide the balance by 16,000 people by next year to see what the per cap will be. We're averaging 40 people a month in new enrollment. I appreciate you guys coming on over and helping us handle this here. MR. TABBYTITE: Mr. Chairman, is CBC 9-27-10 - September 27, 2010 there ever any discussion about putting a halt, a temporary halt into new enrollment? MR. BURGESS: I'm glad you brought it up. Other people asking how can we increase per cap and I say you better decrease enrollment because at the rate we're going - MR. TABBYTITE: It keeps going up and up and up, 500 a year or so. MR. HENSON: Chas, what's the per cap going to be this year, do you know? Just off hand, close? MR. ROBBINS: Somewhere between 850 and 950, probably. MR. HENSON: And what they're doing right there, they'll bump it up to 1188. MR. BURGESS: That's before taxes. MR. HENSON: Are you talking about 850 and 9 after taxes or before taxes? MR. ROBBINS: Before. MR. BURGESS: Cost us what, $30,000 to get that vote? I remember $15,000 a meeting. MR. ROBBINS: Well, and you got, throughout the year -- if this passes, you'll have $20 million sitting in a bank account that loses money as opposed to reinvesting it in a property CBC 9-27-10 - September 27, 2010 that has, you know, 60 percent return on equity. So - MR. BURGESS: The concept going around, too, is why not just make a flat per cap payment, just a flat. About $500, $600 a year. Elders get their, but their per cap is low so that that per cap gets to stay in there. The people have to vote on that. MR. HENSON: To do something like that, you're going to have to take it to the tribal council. MR. BURGESS: Oh, I know. But they're not going to learn it until two years later when they start seeing the per cap going down. MR. HENSON: They're not going to vote on that either. MR. BURGESS: Some of the absentees probably will. MR. HENSON: Yeah, the absentee we can count on. In fact, we can count on the absentee, as I understand, not to take a per cap for a couple of years to pay for what we need. Friday night there was guy that just came while I was playing poker and he came from Red River. He CBC 9-27-10 - September 27, 2010 said you could hear a damn pin drop out there because there was nobody there. No, it was Saturday -- Sunday there was absolutely nobody down there, so he came up here. MR. BURGESS: To play poker? MR. WAUAHDOOAH: Friday night? MR. HENSON: No, Sunday. MR. BURGESS: Poker's not a big thing for us. MR. HENSON: No, I'm not talking about poker. I'm talking about the whole thing, the whole building. There was absolutely nobody there. MR. NARCOMEY: Where was the workers at? MR. ROBBINS: September's a tough month. MR. BURGESS: Well, you're going back to school -- the holidays now. MR. TABBYTITE: It's a slow month. MR. BURGESS: You remember the chart? It starts dropping now. MR. HENSON: I don't need an explanation, I was just telling you what he said. There's no business down there. CBC 9-27-10 - September 27, 2010 MR. NORMAN: The bottom line is, the business committee could vote to put it to a vote of the people or not, but you make a determination that you were going to kill it at the business committee level, so the effort to move forward and renovate Red River stopped there. MR. TABBYTITE: Yeah, it's dormant right now, maybe in a coma. MR. KOSECHEQUETAH: That's why I wanted to bring it back up. Vote while I'm in town. MR. NORMAN: The alternative is to focus and have somebody tasked with the right information and the right way with words to pepper your membership and educate them constantly over the next few months about the fact that -- what you just said, that you're putting a lot of money in a bank account that's losing money as opposed to reinvesting in something that's going to help you earn a greater pot of money to share among everybody. Unless and until you do that and people begin to comprehend it and think about it. MR. HENSON: But our local people will go with whatever the people that they say that they think knows what they're doing with the CBC 9-27-10 - September 27, 2010 exception of a very few, and they don't have that much pull out there. But during this last vote where they voted the 60 percent, I don't know how everybody went for that. I really don't. MR. TABBYTITE: I don't either -that just blew my mind. MR. BURGESS: They thought they were going to get more money. They think they're going to get more money all the time. MR. HENSON: Well, that was really our fault. We should have sat there and said wait a minute. Before you do that, this is what I've got to show you. We did talk about it a little bit, but it wasn't enough. MR. BURGESS: Well, the anti, the negativity out there because they didn't -- you know, think they got what they were going to get. In fact, you know, too many factions, those little factions out there. MR. NARCOMEY: What I heard they thought was they was going to get it -- this is coming from Cache. They thought they were going to get it right then. MR. BURGESS: Uh-huh. And that was in April. Point made, they don't even have a CBC 9-27-10 - September 27, 2010 handle on budget until July when they start seeing three-quarters worth coming in. Our people assume that this is going to be -- and we told them 90 days to six months for the Bureau to approve this. It's not up to them. MR. HENSON: We already told them that. We told them it might take long because - MR. BURGESS: We told them, we told them on the floor twice. So the people heard it, those who didn't want to hear it are the ones who got up and shouted the most. And they always do it the loudest. I heard it in Walters the other night. If you tell them the truth, they're not there to hear, they get up and leave. So what we do is we'll take this and present it, and we need to run the scenario for the Bureau that this is what it's going to do to our operational side. And the Bureau says are you going to live with that, can you live -- I'm going to say of course not. We can't live with that. MR. ROBBINS: I just switched it over using the actual numbers that we're projecting for -- so here's just a snap shot of what would happen to tribal government. You would go from a budget of 3.8 million -- well, you'd leave tribal CBC 9-27-10 - September 27, 2010 government at 10 percent. Even leaving it at 10 percent, you're still dropping $500,000. Economic development goes from 10 million to 3.3 million. Your community funds go from 10.2 to 6.6. MR. TABBYTITE: That's with the 60 percent flip flop? MR. ROBBINS: Uh-huh, and that's using our budgeted numbers for FY '11. MR. BURGESS: Can you get that printed out for us? MR. ROBBINS: Sure. MR. WAUAHDOOAH: Mr. Chairman, how soon can you present his to the Bureau? MR. BURGESS: Next week. And as soon as we get these presented to the Bureau, I'm going to make a report to the people, a separate publication. I'll let you guys read it. It's going to be general information and this statement that Chas did. You know, we keep it in an account that's losing money. Whereas if we kept it in accounting, they would hold off on two year's timing or three year's, actually. We need 24 months to get the renovation and a third year to come back with the payment. MR. HENSON: This first budget here, CBC 9-27-10 - September 27, 2010 that's why I kept bringing it up. This ain't realistic. We need to use the real figures. MR. BURGESS: That's why I'm bringing it up. So either next Saturday we're approved, we're going back and modify this - MR. HENSON: They're still not going to understand. MR. WAUAHDOOAH: I think everybody will understand this. But when they see the per cap, no change or little change -- even going to stop us - MR. BURGESS: We can have him run three-year projections. He's already done that for us, guys. He's done those projections. If we do nothing at Red River, how Red River is going to lose. It goes from being 60 percent of the pool to 30 percent of the funding. And we're only going to do so much here at Comanche Nation. Our big draw is Red River now. If we can get a commitment from the people to forego per cap or to approve us even to go up to a $20 million limit and borrow the money to renovate, unless we get a vendor to do it. Because we're talking nine to $11 million renovation. But with $20 million, we can probably finagle the rest with a vendor and CBC 9-27-10 - September 27, 2010 build a new casino. I say build a half-a-shell right around the old building and back and then you can expand into that and take it down the front building, so you have somewhat of an accordion building to enlarge it. MR. HENSON: We need to do something. Something's got to be done. The reason why I brought that up what that guy said Sunday, it just goes to show you. Now, I mean, they're not coming in on Sunday, where the hell are they going? MR. WAUAHDOOAH: I wonder what he said about Kiowa. MR. HENSON: He didn't say anything about Kiowa. MR. TABBYTITE: What time of day was that? MR. HENSON: It was probably about 6:00. But we had pretty good business over here. Friday, you couldn't find a place in this thing. I didn't go Saturday, but I went back Sunday and it wasn't as busy, but it was fairly busy. MR. BURGESS: Well, I brought this forward, guys, because now you know -- you know who's the top and how we got to look at. And come CBC 9-27-10 - September 27, 2010 the next CBC meeting, we have to have a discussion. Now, we know that 30 people are going to jump up there and be the nay-sayers and put it to a vote. What they're going to do, they'll want to vote all economic development down. And that includes a museum. That includes revolving loan, something we give to the tourism center. Transit program, transportation are in there, WIA is in there. Gravel and tin horns are in there. Our people always want help on their homes. Firefighters are in there. Funeral homes, they'll want to keep that. But they'll look at shutting down $2 million of that real easy. They'll want to tell us on the ballot to cut down some other things here just so they can have per cap to buy few more tires. MR. WAUAHDOOAH: Mr. Chairman, I was never for this 60/40 thing. But I think you can see as soon as you present this to the Bureau and let them reject it. I think it will wake up a lot of people. MR. HENSON: My idea, if we can get Chas to put this up for us over there and maybe you can get up there and explain it -- or one of us can get up there and explain it to our CBC CBC 9-27-10 - September 27, 2010 meeting on the 9th. Tell them this is what they're going to expect, because these are true figures. Also, at the same time, we can do a -we could do a presentation on Red River. What we need to do for Red River. MR. BURGESS: Well, I'd like to take that to the city as well. I'd like to have another community meeting. We should go to Anadarko, the city, and even back to Walters whether they want to hear it or not. Mark the date on this you guys so you'll know which ones -now, these are based on which revenues, Chas? MR. ROBBINS: This is using the same for the tax commission supplement doesn't change. The only thing we're changing is total gaming contributions. MR. BURGESS: That's what I mean. MR. ROBBINS: Yes. So we're taking it to what is the unapproved FY '11 budget for gaming ops. It's not our net income, but it's the amount we're projecting to have available for distribution. MR. BURGESS: Well, in my mind, Chas, you never have to worry because I always assume that -- to me, that's cost of operations. CBC 9-27-10 - September 27, 2010 MR. ROBBINS: Yes, sir. MR. BURGESS: So when you tell me, the RAP net then I know net income is after all the bills are paid, that's part of the bills. MR. ROBBINS: Okay. MR. WAUAHDOOAH: So, Chas, what -what you're saying is that RAP - MR. ROBBINS: I've written RAP. But you can call it an adjusted net income or adjusted net gaming revenue. MR. WAUAHDOOAH: The previous one on top which is 60/40? MR. ROBBINS: Yep. It was based off -- well, it was based off of what we were projecting at that time to be net income. MR. BURGESS: So FY 2011 equals 32.3. Okay. That's what we kind of needed to know. Chas, we're talking about doing the dog show again. This time in Oklahoma City, possibly Norman, Anadarko, Cache and Walters. Present this to them. Bunky said do it at CBC, but not enough people come to CBC to really listen. MR. HENSON: Well, they should start there. But that should be done there, too, I think. CBC 9-27-10 - September 27, 2010 MR. BURGESS: If we could get through the business and then do a general information on the budget after the meeting. MR. HENSON: But there's not going to be enough there. Only the troublemakers stay all the way through. MR. BURGESS: Well, let's get through our resolutions and get through that. I don't know what else we have. We have some enrollment issues. We've got some -- other items I know of. Why don't we get with Bob here, because we need to shut that agenda off here before the fair. So I don't know, did we mark the attorneys out of here on the budget? MR. ROBBINS: Give them a big raise. MR. BURGESS: So without anymore to do. MR. NARCOMEY: We've got one more thing. One more thing. I was telling William about that five acres that the tribe was wanting to rent for the fair those four days. Because there's a CBC member that owns it, he suggests that we have a vote on it, make sure it's all right. So once we vote on it, then it's okay. MR. BURGESS: The rental? CBC 9-27-10 - September 27, 2010 MR. HENSON: I thought you gave that last year. MR. NARCOMEY: I did. MR. HENSON: But you have to rent it this year? MR. NARCOMEY: I'm protesting this year. And I told Mike already. MR. HENSON: You don't want to rent it? MR. NARCOMEY: I'm going to rent it if we pass it. MR. HENSON: I know you had given that last year, that five acres out there. MR. NARCOMEY: Just for the fair only. That was just -- I already told Mike how come I'm not this year. MR. HENSON: Oh, you're talking about renting it all the time? MR. NARCOMEY: No, the fair only. Just for four days. MR. BURGESS: Camping time. Starting on Wednesday, Thursday, Friday, Saturday. MR. HENSON: You need an answer today? MR. NARCOMEY: Got to have it today CBC 9-27-10 - September 27, 2010 because the fair starts Thursday. MR. NORMAN: Procedurally, he could be here to preserve the quorum. He would need to abstain from the vote because it relates to his property. MR. HENSON: How much do you want to rent it for. MR. NARCOMEY: 250 a day. MR. HENSON: $250 a day? MR. NARCOMEY: That's what Spur, when they rent that deal just south of the casino, they pay $300 a day -- they used to pay 300 when they used to give away cars. Because all the spillover went over to McDonald's land. They charged them 300 a day. Just like I told Mike, you can rent it. MR. HENSON: You need a resolution on that, Mike? MR. BURGESS: I think just a motion. MR. HENSON: I make a motion we rent it at 75 cents a day. MR. BURGESS: Well, we'll need it, because we just run out of space, guys. We're also going to - MR. HENSON: I know they used all of CBC 9-27-10 - September 27, 2010 it last year. MR. BURGESS: Well, we're looking at renting a -- Bigbow said we could rent their land for parking now. All the pow-wow dancers that complain they can't park close enough. So we've just outgrown our area. We should do both those -- one motion to rent Mr. Narcomey's -- what's your daughter's name? Clyde, what's your daughter's name? MR. NARCOMEY: Ray Anne Saupitty. Putting her -- the check given to her in two different checks. $500 in one check and $500 in another check, that way she don't have to pay taxes on it. MR. HENSON: She don't have to pay taxes on it anyway. It's on trust land. MR. NARCOMEY: You don't? I'd still like to have two different checks. MR. HENSON: As long it's on trust land, you don't have to pay taxes on it. MR. NARCOMEY: When it comes from Finley & Cook you got to pay it. You've got to have a W-9 every time it's over $600. MR. BURGESS: We don't have a BIA lease agreement, though. It's just temporary. CBC 9-27-10 - September 27, 2010 We're outside the scope of it, right? See, we are outside the scope of that. MR. HENSON: That's the first time I heard or I've seen the lawyer not say anything. You stumped him on that one. MR. NORMAN: There is a provision for short-term use that takes you outside of the approval. MR. BURGESS: Uh-huh. And then if we do the approval process, it goes through our IM account, she'll get her check 30 days later. MR. HENSON: Will that come out of the fair account? MR. BURGESS: It will have to come out of the fair account because we're low on everything. Fair account is low, too. That's the only place it can come out of, because it's a one-time event. MR. HENSON: Did you try to cut any expenses out there in that fair account? MR. BURGESS: You can't cut any expenses on the fair account. Everything goes up. We're down $70,000. We budgeted 100. MR. HENSON: Please don't tell me that. Keep that away from me. CBC 9-27-10 - September 27, 2010 MR. BURGESS: Everything is down, Bunky. MR. KOSECHEQUETAH: It's not overspent yet? MR. BURGESS: I don't know. I haven't seen - MR. KOSECHEQUETAH: I thought that's what Bob was trying to express to us. MR. BURGESS: Over budgeted now? He's adding a lot of things, the program cost and things, he's added that in. Some of them have money for outreach and - MR. WAUAHDOOAH: I second the motion. MR. BURGESS: Second the motion to rent from the Bigbows and Mr. Clyde Narcomey, the land for parking and then one for camping. MR. HENSON: Is that Bigbow's going to be the same price? MR. BURGESS: Yes. MR. HENSON: How much land have they got? MR. BURGESS: That acreage behind us to park in. MR. HENSON: Right on the west side? But there's a fence there. CBC 9-27-10 - September 27, 2010 MR. BURGESS: Well, we got a gate over on our side. They're going to move the horses over to -- it's supposed be dry all the way through Saturday. Mid '80s to low '70s. We've got our brother Vincent complaining. Call for the question. MR. KOSECHEQUETAH: Okay. What's the total? MR. BURGESS: $1000 for each property. MR. KOSECHEQUETAH: To come out of the fair budget? MR. BURGESS: Essentially. MR. KOSECHEQUETAH: I'm just trying to get particulars down before I vote on something. MR. BURGESS: It's for the fair so we can charge it to the fair budget. It won't be payable until October 15th. When we get our draw down. MR. NARCOMEY: That's fair enough. Like I said, I could either -- or not -- it don't make me no difference. MR. KOSECHEQUETAH: Or you could charge the campers. CBC 9-27-10 - September 27, 2010 MR. BURGESS: That's next year's plan. MR. HENSON: Call for the vote. MR. BURGESS: Okay. All those in favor of the motion to rent this land, say "aye." (Aye.) MR. BURGESS: All those opposed, say "nay." All those abstain, same sign. MR. NARCOMEY: I'll abstain. MR. BURGESS: Two abstains. All right. Barring any more discussion, guys. MR. KOSECHEQUETAH: Aren't we supposed to decide on smoke shop today? MR. BURGESS: I thought we decided to go forward with it. MR. HENSON: Did you abstain? MR. BURGESS: Yeah. MR. HENSON: You can't, there's only three of us here. MR. BURGESS: Five to make a quorum. MR. HENSON: But we got to do it by majority vote, don't we? MR. BURSON: Three is still a majority. MR. BURGESS: The vote is to go CBC 9-27-10 - September 27, 2010 forward with the smoke shops. I thought we voted that already two months ago, that we were going to go forward on the smoke shops. MR. KOSECHEQUETAH: Yeah, I know. We haven't finalized an LLC to where he can get his tax number and set up his banking accounts and get going to the next step. MR. BURGESS: Did he say he already did that for an EIN? MR. BURSON: No. MR. BURGESS: He needs that resolution? MR. BURSON: He needs the resolution to create the LLC before he has something to attach the EIN to. MR. KOSECHEQUETAH: Right. MR. BURGESS: I'm in favor. Do you have a draft of anything? That previous one? I didn't bring it with me. MR. BURSON: We have one that's been modified to work for -- as the CBC doing it. I changed it from Comanche Nation Enterprises to CNC. You want me to get copies made? MR. HENSON: What's it look like, Jim? CBC 9-27-10 - September 27, 2010 MR. BURSON: It looks good to me. MR. BURGESS: We just need a name, right? MR. BURSON: Well, what you have is you still have it as you left it. Five on that -you have to select five. The initial board managers. The name is still the same as was decided on last meeting in August -- LLC. You can either, you know, five, three, one, however many managers you want. MR. HENSON: Is this going to be a paid position, the board managers or board members? MR. BURGESS: I had thought that we, CBC, should start it and then let people come forward after we see that it's running. That way it would be unpaid. MR. BURSON: The CBC determines the compensation of the board managers. The board managers hire the CEO. MR. HENSON: The CBC can act as a board, right? MR. BURSON: You - MR. BURGESS: Yes, we can make it three. CBC 9-27-10 - September 27, 2010 MR. KOSECHEQUETAH: We could make it three as opposed to five? MR. BURSON: One of the things we discussed with you, we'd like to point out that the tax commission would get, your tax commission would heavily regulate this entity and you all sit on the tax commission. So you have -- it just doesn't look right. Theoretically possible, but - MR. KOSECHEQUETAH: The three that sat on that wouldn't be sitting on the tax commission? MR. BURGESS: I think we need to initiate it with some names and at the first meeting take nominations for recommendations. If we start this now that way he can start the paperwork. MR. HENSON: The whole CBC sits on the tax commission? MR. BURSON: Yeah, all seven of you plus Patterson makes eight. MR. BURGESS: Actually, Patterson's an ex-officio member so we can nominate him to sit on this body to begin and he shouldn't even be our chairman. Not an official anymore. CBC 9-27-10 - September 27, 2010 MR. BURSON: You need to select -you could have five and only appoint three. That would be kind of odd, but it's possible. You may want to adjust it to match the number you want to appoint. MR. HENSON: I think we ought to just appoint no more than three or give the okay to no more than three. If we want to go five later we can, but I think three ought to be able to do it. MR. KOSECHEQUETAH: Have three in the LLC document as the board? MR. HENSON: Yes. MR. BURSON: Put in this draft for the board of managers a memo of bachelor's degree in business, four have business-related field, and four have five years' business management experience. Do you want to stick with that? MR. KOSECHEQUETAH: Yes. MR. HENSON: That's fine. MR. BURGESS: Do we have anything about non-employee, non-employee only? MR. BURSON: As I recall, there's no disability. MR. HENSON: Yeah, we should put in there not employees only of the tribe or the CBC 9-27-10 - September 27, 2010 commission. MR. BURGESS: We can come back and change that. MR. HENSON: Not employees of any Comanche enterprise. MR. BURSON: Do you want to add that provision now? MR. BURGESS: Restrict it to people who are -- the restriction applies to employees of any enterprise of the tribal government -- tribal government employees, casinos, enterprise, economic development, they can't be sitting on this board. In the past we've gotten in trouble with employees sitting on these boards and body. MR. HENSON: So you need a motion to approve that? MR. BURGESS: Is there some stipulation we need to consider? Start-up funding? He had a budget. MR. BURSON: That's not necessary at this point. It will be a bridge you need to cross at some point. MR. HENSON: I remember he said budget's not going to be a problem. We should probably take care of that now. CBC 9-27-10 - September 27, 2010 MR. KOSECHEQUETAH: As long as we inform gaming that it starts at this point. The money is set aside for - MR. BURSON: The resolution that goes along with approving this has something -- we probably need to print this out, let you take a little break. Get this copied and printed so you can be looking at it, but I prepared a resolution for action by the CBC that states that you concluded that separating tobacco sales and related commercial enterprises from the nation's gaming enterprise and establishing independent business entity for the operation of retail tobacco sales will permit expansion of location, promote growth of sales and result in increased revenues to the nation. Therefore you're resolving that Comanche Business Committee acting as the member, which under your LLC ordinance terms as those -members are the ones that create LLC's -- hereby authorizes the creation and establishment of Nunupahnu, LLC as a limited liability company wholly owned by the Nation, formed under the Comanche Nation's Limited Liability Company ordinance and hereby approves the attached CBC 9-27-10 - September 27, 2010 operating agreement, which you're just reviewing. Be it further resolved that you approve the transfer by the Comanche Nation Gaming Board of Directors or the employees, equipment, assets and liabilities directly related to the conduct of retail tobacco sales from the gaming enterprise to this company at a mutually suitable time and manner on or before January 1, 2011. Now, that, I need for you to digest because that's what I took from our little quick meeting at the museum board. There was some window that it could start any time we got it created and give him some sort of transition period. He thought he could get done and they could get it done by the first of the year. Is that still - MR. KOSECHEQUETAH: That sounds like what it was. MR. BURSON: And then that would all be in accordance with generally accepted accounting principals. Accounting for the equipment, assets and liabilities and transferring. Then the CBC acting as a member hereby appoints the following persons as managers of company, effective immediately, and directs CBC 9-27-10 - September 27, 2010 said managers to take actions to organize and assume management of the company in accordance with operating agreement. And I need -- got room for however many managers and you would identify their term. The agreement calls for a three-year term or if you're a tribal elected official, your term as a manager would coincide with your term as an elected official. MR. BURGESS: So if we went with five people and two from the CBC and three from the outside. MR. HENSON: Managers? MR. KOSECHEQUETAH: We should keep it at three. MR. HENSON: Why are you saying managers? MR. BURSON: That's the terminology used in your ordinance. MR. HENSON: Three. MR. BURSON: It's the same function as the board of directors, only they're called board of managers. MR. KOSECHEQUETAH: Either we need to appoint CBC or stall the whole process and take CBC 9-27-10 - September 27, 2010 applications. MR. BURGESS: I think we ought to appoint the CBC to get it started. MR. HENSON: So you need to take three CBC off the tax commission and put them the board, is that what you're suggesting? MR. BURSON: The way it could work functionally, is your three CBC would have to recuse themselves from any actions. If they still sat on the commission, tax commission, they should recuse themselves of any actions concerning the company in regards to tax commission. MR. HENSON: Is that going to do anything to the quorum? MR. BURSON: It could. If you had one or two people absent that weren't from the tax commission meeting that were on the board and would kill your quorum for action. MR. KOSECHEQUETAH: But that's our big day, most everybody makes it on that Thursday. MR. HENSON: The three there that could go on the board, it's still going to be a quorum, but they would have to recuse themselves from any kind of business conducting the smoke shop. So it'd still be a quorum, so it's not CBC 9-27-10 - September 27, 2010 going to bother it, right? MR. BURSON: Yeah, you're right. MR. HENSON: Okay. Let's operate that way. MR. BURGESS: Out of you four, who wants to volunteer? MR. BURSON: Either five year's business experience or bachelor's degree is the way it sits now. MR. KOSECHEQUETAH: I have a bachelor's degree, business degree in marketing, but it's in business, marketing emphasis. MR. BURGESS: We've got two. All right. I'll be the other one for the time being. MR. BURSON: One of the things you also need to do is identify your agent -- excuse me, address for service purposes. MR. BURGESS: He had that, didn't he? He had an address and all that filled out from Jarrett. He has the paperwork on that registry. Can you text him or something? You could call or e-mail you or text it to us. MR. BURSON: You two guys -- is fivemember board of managers and only appoint three now. Three total? CBC 9-27-10 - September 27, 2010 MR. BURGESS: The smaller the better, probably. By consensus, we agree. The chairman should discuss with the TA the correction of bringing an employee back to service while there's an ongoing investigation. I need a motion. MR. HENSON: I'll make a motion. MR. BURGESS: Mr. Henson made a motion. Second? MR. KOSECHEQUETAH: I'll second. MR. BURGESS: Okay. Clyde got the second on that. MR. KOSECHEQUETAH: I'm sorry, I had my head down. MR. BURGESS: All those in favor say "aye." (Aye.) MR. BURGESS: All those opposed say "nay". The ayes have it. One abstention. The motion is to approve the naming and the appointments of the board of managers for the smoke shop and the establishment of the LLC, N-U-N-U-P-A-H-N-U. And the vote was positive, yes. MR. WAUAHDOOAH: Motion to adjourn. CBC 9-27-10 - September 27, 2010 MR. BURGESS: Is there anything else? And then we'll have to call another meeting with the Board Directors and probably the tax commission. That's it? Motion to adjourn by Mr. Wauahdooah. Second? MR. HENSON: Second. (Meeting adjourned at 4:09 p.m.) * * * * * * 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 September 27, 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 1:14 p.m. on September 27, 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