0001
 1                           
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 5                           
 6                           
 7           TRANSCRIPT OF PROCEEDINGS OF THE 
 8             COMANCHE BUSINESS COMMITTEE 
 9                    MONTHLY MEETING
10            FEBRUARY 12, 2010, 10:00 A.M. 
11               COMANCHE NATION COMPLEX 
12                   LAWTON, OKLAHOMA
13                           
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20                           
21                           
22   __________________________________________________
              REPORTED BY:  KELLY STOABS, CSR
23             DODSON REPORTING & ASSOCIATES
                435 NORTH WALKER, SUITE 102
24            OKLAHOMA CITY, OKLAHOMA  73102
           (405) 235-1828 ~ (405) 235-1266 (FAX)
25                   dcri@coxinet.net
0002
 1                 A P P E A R A N C E S
 2                           
 3   COMANCHE NATION BUSINESS COMMITTEE MEMBERS:  
 4   Michael Burgess, Chairman
     Richard Henson, Vice-Chairman    
 5   Robert Tippeconnie, Secretary-Treasurer
     Edmond Mahseet, Committeeman #1
 6   Lanny Asepermy, Committeeman #2
     Darrell Kosechequetah, Committeeman #3
 7   Clyde R. Narcomey, Committeeman #4
 8   LEGAL COUNSEL:  
 9   Kirke Kickingbird, James Burson
     Hobbs, Straus, Dean & Walker
10   
11   
12                           
                        * * * * * *
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14   
15   
16   
17   
18   
19   
20   
21   
22   
23   
24   
25   
0003
 1                 INDEX OF PROCEEDINGS
 2                                                 PAGE 
 3   Meeting called to order at 10:00 a.m.           5
 4   Roll call.                                      5
 5   Invocation.                                     5
 6   Motion passed to approve minutes               14
     with corrections.
 7   
     Motion passed to amend agenda.                 14
 8   
     Motion passed to approve Resolution Number     17
 9   10-10/Enrollment List 816 Ineligible.
10   Motion passed to approve Resolution Number     17
     11-10/Enrollment List 817 Ineligible.
11   
     Motion passed to approve Resolution Number     18
12   12-10/Enrollment List 818 Eligible.
13   Motion passed to approve Resolution Number     19
     13-10/Grant Application U.S. Dept. Of Justice
14   
     Motion passed to approve Resolution Number     21
15   14-10/Grant Application U.S. Dept. Of the 
     Interior.
16   
     Motion passed to approve Resolution Number     24
17   16-10/Approval of Capital Assets Policies and 
     Procedures Plan with pending property disposal 
18   amendments.
19   Motion passed to table Resolution Number       34
     15-10/Approval of Comanche Nation Motor 
20   Pool Policies and Procedures.
21   Motion passed to approve travel of Robert      36
     Tippeconnie to attend the National American 
22   Indian Housing Council Legislative Conference.
23   Motion passed to approve travel of Lanny       37
     Asepermy and Ronald Mahsetky to Phoenix, 
24   Arizona for Ira Hayes memorial event.
25   
0004
 1                 INDEX OF PROCEEDINGS
                        (continued)
 2                                                 PAGE 
 3   Motion passed to approve travel of Tribal      40
     Chairman Michael Burgess to attend Casino-
 4   Hotel Development Conference in Pechanga, 
     California.
 5   
     Motion passed to engage Henry Harjo to         45
 6   develop and negotiate with the National 
     Business Center, USDI.
 7   
     Motion passed to amend Emergency Management    46
 8   Plan.
 9   Motion passed to approve Resolution Number     60
     17-10/Contract services with Sac & Fox 
10   Nation Juvenile Hall.
11   Motion passed to table Jerry Bread/            64
     Intern Program.
12   
     Richard Suminski/Proposal Hotel & Casino.      65
13   
     Motion passed to approve Resolution Number     68
14   18-10/Dana Deer/Family Services Contract.
15   Karl Tahkofper/Water Rights.                   73
16   Linda Atchavit/Third-Party Billing.            79
17   Thomas Narcomey/Planning Department,           99
     Economic Development, Land Purchase
18   and Museum-Cultural Center.
19   Executive session commenced.                  124
20   Reporter's Certificate.                       125
21   Secretary's Certificate.                      126
22   
23   
24   
25   
0005
 1                (Meeting called to order at 
 2                10:00 a.m.)
 3                MR. BURGESS:  Ladies and gentlemen, 
 4   good people, we're going to call our meeting to 
 5   order.  Mr. Tippeconnie, would you go ahead and 
 6   perform roll call?
 7                MR. TIPPECONNIE:  Michael Burgess?
 8                MR. BURGESS:  Here.
 9                MR. TIPPECONNIE:  Richard Henson?
10                MR. HENSON:  Here.
11                MR. TIPPECONNIE:  Robert Tippeconnie?  
12   Here.  
13                Edmond Mahseet?  Lanny Asepermy? 
14                MR. ASEPERMY:  Here.
15                MR. BURGESS:  Darrell Kosechequetah?  
16   Clyde Narcomey?
17                MR. NARCOMEY:  Here.      
18                MR. TIPPECONNIE:  We have a quorum, 
19   Mr. Chairman.
20                MR. BURGESS:  Mrs. Hall, would you 
21   give us the invocation for this meeting, please?  
22                (Invocation.) 
23                MR. BURGESS:  Take a few minutes, 
24   guys, to read our minutes from the last meeting.  
25   Take a few minutes to make any suggestions for 
0006
 1   changes or corrections.  
 2                Let the record show that Darrell 
 3   Kosechequetah has arrived.  
 4                When I say, "Oh, yeah," would you 
 5   remind me to say, "Oh, yes"?
 6                MR. BURGESS:  Page 7 of our minutes, 
 7   lower left corner of Page 23, lower left corner of 
 8   note taking, it should say, "enrolled members," 
 9   then "of the Comanche Nation."  
10                MR. ASEPERMY:  Mr. Chairman, I'd like 
11   to recommend in the future that we get our books 
12   no later than Wednesday evening.  That gives us 
13   Wednesday evening, Thursday, to review the 
14   minutes, the agenda, and just this process will 
15   not be so time consuming.  Mr. Secretary/Treasurer 
16   can you make that happen?
17                MR. TIPPECONNIE:  We will try to do 
18   that.  I have to apologize because we were pressed 
19   this last week because of emergencies and 
20   whatnot.  That's the reason it was late.  We'll do 
21   our utmost, Mr. Asepermy.
22                MR. BURGESS:  I have a question.  
23   Mr. Burson, do you recall that Premier Power 
24   Company, the contract?  
25                MR. BURSON:  Yes.
0007
 1                MR. BURGESS:  You wouldn't have it on 
 2   your hard drive, would you?
 3                MR. BURSON:  I can look and see.  
 4                MR. BURGESS:  If we could get a copy 
 5   of that from you, because we need to discuss 
 6   rewriting that.  But if you have it at the office, 
 7   that's fine.  We won't do it today, of course.  
 8                Okay, gentlemen, if everybody's -- 
 9   what time did we get started?
10                MR. TIPPECONNIE:  10:02.  
11                Mr. Chairman, before we make a motion 
12   on the minutes, I'd like to make an agenda 
13   addition and comment to the agenda.
14                MR. BURGESS:  Once we approve the 
15   minutes.  Let's get the minutes out of the way.  I 
16   had that one correction myself.  We've got a 
17   correction on Page 23 in Doc Pewewardy's name.  
18   Page 23 of our minutes, upper page 86, line 20, it
19                Should say, "Doc Pewewardy," 
20   P-e-w-e-w-a-r-d-y.  I say "Pewewardy."  I don't 
21   know who says "Pewardy."  
22                MR. NARCOMEY:  Mr. Chairman, on Page 
23   50, on the right-hand side in the right column.
24                MR. BURGESS:  Oh, wait a minute.  Go 
25   to the very bottom, Clyde, and give us the page 
0008
 1   number on the very bottom.
 2                MR. NARCOMEY:  50.
 3                MR. BURGESS:  Well -- 
 4                MR. NARCOMEY:  Page 14.
 5                MR. BURGESS:  14.
 6                MR. NARCOMEY:  Sorry.  Page 14, where 
 7   it's got, "we have several Comanches that cost the 
 8   tribe over $700,000 in fines," can we put "IRS 
 9   fines" so we'll know what the heck we're talking 
10   about?
11                MR. BURGESS:  Sure, we can do that, I 
12   believe.
13                MR. TIPPECONNIE:  Yes.
14                MR. NARCOMEY:  I just thought one of 
15   them that's not working for the tribe, but they're 
16   both working for the tribe still.
17                MR. BURGESS:  So you want to change 
18   that sentence to say both of them are still 
19   working for the tribe?  
20                MR. NARCOMEY:  Yes, sir, employed by 
21   the tribe.
22                MR. BURGESS:  So just strike the word 
23   "one" and say "both of them are working for the 
24   tribe."  Strike the two words "no more," strike 
25   the rest of the sentence.  So the sentence should 
0009
 1   read, "both of them are working for the tribe."
 2                MR. NARCOMEY:  Both of them -- yeah, 
 3   both of them are working for the tribe.  Strike 
 4   "no more" and the other one still is.
 5                Also, you can -- I'd like to make a 
 6   change to add on to new business.  We got a person 
 7   here that's concerned about our water rights, 
 8   which is very important, has been for several 
 9   years, but we haven't done nothing about it.  
10   Mr. Karl Tahkofper is here and I'd like to give 
11   him five minutes or so to explain kind of what's 
12   going on so we'll know more about it.
13                MR. BURGESS:  All right.  So we want 
14   to add Mr. Tahkofper.  He'll be added in new and 
15   old business.
16                MR. NARCOMEY:  Thank you so much.
17                MR. BURGESS:  I have another 
18   correction on our agenda item, Item Number 11.  It 
19   should read "Motion to contract with Mr. Henry 
20   Harjo," not employ.
21                MR. ASEPERMY:  Also, on Number 9, 
22   motion to approve travel for Lanny Asepermy, I 
23   would like to include Ronnie Mahsetky.
24                MR. BURGESS:  How far down the road 
25   is that?  What dates are that, Lanny?
0010
 1                MR. ASEPERMY:  The event is Friday 
 2   the 19th.  The actual ceremony is Saturday the 
 3   20th.
 4                MR. BURGESS:  March, all right.
 5                MR. ASEPERMY:  No, April.  No, I mean 
 6   this month, next week.
 7                MR. TIPPECONNIE:  February.
 8                MR. BURGESS:  Did you turn your 
 9   paperwork in, travel and all that?
10                MR. ASEPERMY:  Well, we haven't 
11   approved it.
12                MR. BURGESS:  We'll get started on 
13   it.
14                MR. TIPPECONNIE:  I want to add, 
15   since we're adding, Number 13, a motion on 
16   emergency management.
17                MR. BURGESS:  Yes, 13.  I'm just 
18   going to write EMS motion.
19                MR. TIPPECONNIE:  Thank you.
20                MR. ASEPERMY:  13, emergency 
21   management?
22                MR. BURGESS:  And there's another 
23   item, a resolution we need to approve.  13 will be 
24   EMS.  I've got EMS/Motion.  Item number -- it's a 
25   resolution.  We could make Number 14 or move it 
0011
 1   up, wherever we need to put it.  This is a 
 2   resolution to continue juvenile services with the 
 3   Sac & Fox Nation.  They have a juvenile hall that 
 4   our children would go into.  
 5                And on the executive session, we 
 6   didn't forget, we just didn't get it typed in.  
 7   Mr. Ronnie Burgess is here.  So change the order 
 8   of numbers.  Number 1 would be Mr. Burgess.  We 
 9   didn't get to meet on it last week.  
10                MR. HENSON:  On executive session?
11                MR. BURGESS:  Yes.  And then we 
12   should make a note that we continue to table the 
13   college charter which was brought forward 
14   previously.  We'll hand it out for your review and 
15   look at it at the next meeting.  Put that at the 
16   very end of old business, tabled, college charter.
17                MR. GRIFFIN:  Mr. Chairman, Sac & 
18   Fox?  
19                MR. BURGESS:  Yes, it's in here.
20                MR. NARCOMEY:  How were you going to 
21   bring up that gaming ordinance?
22                MR. BURGESS:  New business.  
23                Mr. Bread won't make it today, he 
24   went to a funeral for a relative, Mr. Jerry 
25   Bread.  We'll have to take it and move it down.
0012
 1                MR. ASEPERMY:  Jerry Bread won't be 
 2   here?
 3                MR. BURGESS:  Yes.  He's at a funeral 
 4   for an in-law.  His mother's direct relative -- 
 5   his wife's direct relative.
 6                MR. ASEPERMY:  So table that one?  
 7                MR. BURGESS:  Yes, we'll have to 
 8   table it to March.
 9                MR. HENSON:  Dana Deer's tabled.
10                MR. TIPPECONNIE:  No, no.
11                MR. BURGESS:  We got her, she just 
12   can't make it due to a court conflict.  She was 
13   planning on being here, but the judge she is 
14   working for asked her to stay.
15                MR. TIPPECONNIE:  We need a motion on 
16   the minutes.
17                MR. ASEPERMY:  Robert, on the 
18   emergency management, does that include Eric?
19                MR. BURGESS:  Eric?  
20                MR. ASEPERMY:  Eric, our WIA?  
21                MR. BURGESS:  Tomahkea?  
22                MR. ASEPERMY:  Yes.
23                MR. BURGESS:  To do what?
24                MR. ASEPERMY:  He needs some guidance 
25   on this cleanup stuff.
0013
 1                MR. TIPPECONNIE:  That's being worked 
 2   on.
 3                MR. BURGESS:  It's being worked on, 
 4   all the RFPs and stuff.  Tell everybody to stay 
 5   calm.  We have to go through EOC yet.
 6                MR. ASEPERMY:  Has he made his 
 7   recommendations to you guys?  
 8                MR. BURGESS:  Not to me.  I haven't 
 9   seen it.  But before we get into that discussion, 
10   let's go back to our minutes.  Do you want to make 
11   a motion we approve the minutes?  
12                MR. ASEPERMY:  I make a motion we 
13   approve the minutes.
14                MR. BURGESS:  Motion made by 
15   Mr. Asepermy.
16                MR. KOSECHEQUETAH:  Second.
17                MR. BURGESS:  Second by Darrell 
18   Kosechequetah.  All those in favor signify by 
19   saying "aye."  
20                (Aye.)
21                MR. BURGESS:  All those opposed, same 
22   sign.  All those abstain, same sign.  The ayes 
23   have it.
24                Now, motion to amend our agenda 
25   here.  We've got several items, as you heard us 
0014
 1   listing them.  Item Number 1 is to add the name 
 2   Ronnie Mahsetky to Item Number 9 under resolutions 
 3   or motions.  This is on travel on behalf of 
 4   military activity with Mr. Asepermy, our CBC 
 5   member.  
 6                And then Item Number 11 is changing 
 7   the wording from "Motion to employ Henry Harjo" to 
 8   correct that to say, "Motion to contract services 
 9   with Henry Harjo."  
10                Then Item 13 will be a motion made to 
11   amend our EMS policy.  It should say emergency 
12   management policies.  And then with that will be a 
13   resolution approving juvenile services with the 
14   Sac & Fox Nation.  I have that resolution here, 
15   sir, but it's not on letterhead.  You can use 
16   that.  And we added Mr. Karl Tahkofper as Item 
17   Number 4 under new and old business.
18                MR. ASEPERMY:  We also tabled Number 
19   4, Mr. Chairman.
20                MR. BURGESS:  Yes, we'll table Number 
21   4, Mr. Jerry Bread.  
22                MR. ASEPERMY:  And Tahkofper will be 
23   Number 7?
24                MR. BURGESS:  He'll be Number 4.
25                MR. ASEPERMY:  Number 4 now?
0015
 1                MR. BURGESS:  Then Item 7 under new 
 2   and old business will be Comanche Nation Charter, 
 3   which will be tabled.  We just received it back 
 4   today.  And then in executive session, we're 
 5   adding Mr. Ron Burgess here, because we asked him 
 6   to come back from our previous meeting.  With 
 7   that, I think, ladies and gentlemen, that 
 8   concludes amending our agenda.  Are there any 
 9   other items?  With that, I'll take a motion to 
10   approve our agenda.
11                MR. HENSON:  I'll make that motion.
12                MR. ASEPERMY:  Mr. Chairman, I'll 
13   make the motion.
14                MR. BURGESS:  Motion by Mr. Henson, 
15   and a second by Mr. Asepermy.  All those in favor 
16   signify by saying "aye."  
17                (Aye.)
18                MR. BURGESS:  All those opposed, same 
19   sign.  All those abstain, same sign.  The ayes 
20   have it.
21                Okay.  First item, resolutions.  
22   Number 10-10, Enrollment List 816 of those 
23   applicants to the nation who have been found to be 
24   ineligible due to the fact they do not possess the 
25   one-eighth degree of Comanche Nation blood as 
0016
 1   provided by in our constitution.
 2                MR. NARCOMEY:  I make a motion to 
 3   approve, Mr. Chairman.
 4                MR. HENSON:  I'll second.
 5                MR. BURGESS:  Motion made to approve 
 6   this ineligible list by Mr. Narcomey.  Second from 
 7   Mr. Henson.  All those in favor signify by saying 
 8   "aye."  
 9                (Aye.)
10                MR. BURGESS:  All those opposed, same 
11   sign.  All those abstain, same sign.  The ayes 
12   have it.
13                Again, Resolution Number 11-10 is a 
14   list of ineligibles.  According to our 
15   constitution, these individuals were minors when 
16   benefits from another nation were accepted on 
17   their behalf saying that they're ineligible.
18                MR. NARCOMEY:  I make a motion to 
19   approve, Mr. Chairman.
20                MR. BURGESS:  They are enrolled with 
21   other tribes as well.  All right.  Motion to 
22   approve by Mr. Narcomey.  Second?  Is there a 
23   second on this motion?  
24                MR. ASEPERMY:  Second.
25                MR. BURGESS:  Mr. Asepermy has 
0017
 1   seconded.  All those in favor signify by saying 
 2   "aye."  
 3                (Aye.)
 4                MR. BURGESS:  All those opposed, same 
 5   sign.  All those abstain, same sign.  The ayes 
 6   have it.
 7                Resolution Number 12-10, List Number 
 8   818.  This is a list of all individuals applying 
 9   for membership found to be eligible, possessing 
10   all the requirements as according to our 
11   constitution.  37 individuals.
12                MR. NARCOMEY:  I make a motion to 
13   approve Resolution Number 12-10, Mr. Chairman.  
14                MR. BURGESS:  Okay.  Motion to 
15   approve has been made by Mr. Narcomey.
16                MR. HENSON:  Second.
17                MR. BURGESS:  Second by Mr. Henson.  
18   All those in favor signify by saying "aye."  
19                (Aye.)
20                MR. BURGESS:  All those opposed, same 
21   sign.  All those abstain, same sign.
22                MR. ASEPERMY:  Mr. Chairman, for the 
23   record, our enrollment is currently 14,713.
24                MR. BURGESS:  All right.  Still 
25   growing.
0018
 1                Moving on to Item Number 5, 
 2   Resolution Number 13-10.  Item 4, Resolution 
 3   13-10.  This is a grant application with U.S. 
 4   Department of Justice.  This is requesting a 
 5   contract to receive monetary assistance in the 
 6   amount of $250,000 to $750,000 to work with the 
 7   Comanche Nation Reintegration Program.  This will 
 8   help us provide more services to our people who 
 9   are coming out of incarceration.
10                MR. HENSON:  I'll make a motion to 
11   approve.
12                MR. BURGESS:  Motion to approve made 
13   by Mr. Henson.
14                MR. NARCOMEY:  Is this just for a 
15   grant?  It's not going to cost anybody money?  
16                MR. HENSON:  Yeah, it's just for a 
17   grant.
18                MR. BURGESS:  Grant only.
19                MR. TIPPECONNIE:  I second it.
20                MR. BURGESS:  Second by 
21   Mr. Tippeconnie.  A motion has been made.  All 
22   those in favor signify by saying "aye."  
23                (Aye.)
24                MR. BURGESS:  All those opposed, same 
25   sign.  All those abstain, same sign.  The ayes 
0019
 1   have it.  The motion has passed.  
 2                MR. ASEPERMY:  Mr. Chairman, for the 
 3   record, could you read the "Now, therefore be it 
 4   resolved" so we'll have something recorded as 
 5   to -- 
 6                MR. BURGESS:  On this grant?
 7                MR. ASEPERMY:  Yes.  
 8                MR. BURGESS:  Okay.  "Whereas, the 
 9   Tribal Chairman" --
10                MR. ASEPERMY:  No, just the "Now, 
11   therefore be it resolved."  I think that sums it 
12   all up.
13                MR. BURGESS:  "Now, therefore be it 
14   resolved, that the Comanche Business Committee 
15   does hereby approve the submission of a grant 
16   application to the United States Department of 
17   Justice, Office of Justice Programs' Bureau of 
18   Justice Assistance and Office of Juvenile 
19   Delinquency and Prevention."  
20                MR. ASEPERMY:  Thank you.
21                MR. BURGESS:  Therefore, it's been 
22   approved.  
23                For the record, please show that 
24   Mr. Mahseet has joined us.  He was in route, on 
25   the way.
0020
 1                Now we move to Item 5, which is 
 2   Resolution Number 14-10.  It's approving another 
 3   grant application to the U.S. Department of 
 4   Interior.
 5                MR. HENSON:  15-10?  
 6                MR. TIPPECONNIE:  There's a 
 7   duplication.
 8                MR. ASEPERMY:  14-10.
 9                MR. TIPPECONNIE:  I gave you two 
10   copies of the justice.
11                MR. HENSON:  Let's see, 12.
12                MR. BURGESS:  This is a grant 
13   application to the Department of Interior, Bureau 
14   of Indian Affairs, for Tribal Integrated Resources 
15   Management Plan.  This grant can go over three 
16   years.  Currently we're applying for approximately 
17   $75,000 to $100,000 to do a study of all Comanche 
18   lands and the natural resources upon those.  This 
19   is one of the initial steps that we would have to 
20   take to incorporate into an emergency management 
21   plan as well as to take on the role of caring for 
22   these lands, and knowing where they're at, we go 
23   to a self-governance compact with the United 
24   States government.  This plan would help us 
25   identify any and all territories currently under 
0021
 1   our control.  
 2                So it's very integral to our tribe's 
 3   growth and knowledge of what we have so we know 
 4   where to go in a long-term plan for the tribe.  
 5   It's basically what helps us start -- 
 6                MR. ASEPERMY:  Is this the grant for 
 7   75 to 100,000?  
 8                MR. BURGESS:  Yes.
 9                MR. ASEPERMY:  I've got two copies of 
10   the other one.
11                MR. BURGESS:  This grant will require 
12   -- well, it doesn't require it.  But if we do it, 
13   we may have to do some matching.  It's called in 
14   kind.  Salary, office space, travel 
15   opportunities.  We may have to offer about $20,000 
16   of in kind to match, because those are the ones 
17   that get funded earliest.  We can offer a match, 
18   in-kind match.  I don't see that they're requiring 
19   more than $10,000 of our matching grant.  That's 
20   what we can do.  Then personnel working it, half 
21   of their time would be a match and the grant would 
22   pay for one full-time person.  This could fall in 
23   line with what our land management line items 
24   were.
25                You'll see on the very bottom there, 
0022
 1   "Now, therefore be it resolved, that the Comanche 
 2   Business Committee does hereby approve the 
 3   submission of the grant application to the United 
 4   States Department of Interior, Bureau of Indian 
 5   Affairs, Office of Trust Services.
 6                "Be it further resolved, that the 
 7   Comanche Business Committee shall undertake an 
 8   integrated resource management planning effort 
 9   which encompasses the Comanche Nation lands and is 
10   under the direction of the Director, Comanche 
11   Nation Environmental Protection Office, resulting 
12   in a comprehensive Integrated Resource Management 
13   Plan.
14                "Be it further resolved that 
15   culturally sensitive plant and animal resources 
16   and sacred sites will be provided the highest 
17   level of protection in all circumstances."  
18                So the plan will come back to us no 
19   later than November 30th of 2011.  So with that, 
20   gentlemen, I will entertain a motion.
21                MR. HENSON:  I'll make that motion.
22                MR. BURGESS:  Okay.  Motion made by 
23   Mr. Henson.
24                MR. ASEPERMY:  Second.
25                MR. BURGESS:  Second by 
0023
 1   Mr. Asepermy.  All those in favor signify by 
 2   saying "aye."  
 3                (Aye.)
 4                MR. BURGESS:  All those opposed, same 
 5   sign.  All those abstain, same sign.  The ayes 
 6   have it.  Motion passes.  I should say the 
 7   resolution passes.  
 8                Two originals of our resolutions, 
 9   gentlemen, so when we sign one, it goes in the 
10   package. 
11                Well, we'll move to Item Number 7, 
12   because that is the property acquisition policy, 
13   Number 16-10, Resolution Number 16-10.  Behind it 
14   must be the motor pool.
15                MR. ASEPERMY:  Yeah, it is, Mike.
16                MR. TIPPECONNIE:  Do you want to go 
17   to motor pool and then come back?  
18                MR. BURGESS:  Let's just go ahead 
19   with the way they have it.
20                MR. TIPPECONNIE:  16-10.
21                MR. BURGESS:  That would be 16-10, 
22   Number 7.
23                MR. TIPPECONNIE:  Or the property 
24   would be 16-10.
25                MR. BURGESS:  Okay.
0024
 1                MR. ASEPERMY:  Which one is 15-10, 
 2   the motor pool or the property?  
 3                MR. BURGESS:  Property is Item Number 
 4   7, 16-10, which is what we should have before us, 
 5   so that's the one we'll go to.
 6                MR. TIPPECONNIE:  This was the one 
 7   that you were all handed before.  There's -- if 
 8   you look on your copy there, the first page of it, 
 9   Page 1 of 8, Capital Assets.  These are our 
10   assets.  So this is how we're going to handle our 
11   assets.  Those are buildings, lands, those kind of 
12   features that have value and they're counted as 
13   assets to the nation.  And, of course, some 
14   depreciate over time, so we have to have an 
15   account of all physical assets, properties, 
16   buildings, and then of course including land.  
17                If you'll note on here, we had the 
18   discussion previously relative to this, you know, 
19   what do we do if we find it to be excess to us, 
20   and so there is a --
21                MR. ASEPERMY:  The disposal policy?  
22   That was brought up and you got about a page and 
23   three quarters on the disposal policy.
24                MR. TIPPECONNIE:  Yes.  There were 
25   questions on that.  So you could see on that first 
0025
 1   page, again, Page 1 of 8, we have a connotation 
 2   there which says, "amend property disposal."  
 3                MR. BURGESS:  Do you have a complete 
 4   -- this page, Schedule B, Page 7 of 8.  This is 
 5   just how they're going to schedule, track, and 
 6   capitalize the assets.
 7                MR. TIPPECONNIE:  Yeah, that's what 
 8   it is.
 9                MR. BURGESS:  These are just samples.
10                MR. TIPPECONNIE:  Just samples.
11                MR. BURGESS:  Okay, this is just a 
12   sample.  How far along are we doing our actual 
13   asset list?  
14                MR. TIPPECONNIE:  We've given to 
15   Finley & Cook all of our buildings and those kinds 
16   of properties.  What we're finding out, we have to 
17   come down to include a lot of other properties 
18   which are sensitive properties, like laptops and 
19   computers.  But we had an excellent property 
20   inventory and we've presented that to Finley & 
21   Cook.  What's going forth now here this next week 
22   are all our lands, the lands that are in trust and 
23   the lands in fee, and that should complete our 
24   responsibility on that asset management.  It's 
25   been difficult on the land, I have to acknowledge, 
0026
 1   because we've had to go way back on some of the 
 2   purchases, and some of the records don't have some 
 3   of the data there, so I had to do a lot of 
 4   research in finding specifics on certain lands, 
 5   and so we have that pretty much in hand now.
 6                MR. BURGESS:  Okay.  Ladies and 
 7   gentlemen, what this does is, in the past, the 
 8   tribe was dinged in some audits, meaning we had 
 9   bad -- a bad audit, because this list was not 
10   provided.  Lands, objects, even art objects that 
11   were donated to the tribe, items the tribe bought 
12   were never listed in our inventory, but yet they 
13   could plainly see them.  So the auditors wrote us 
14   up.  It cost us some time, cost us a bad record, 
15   and so in order to complete the audits, we had to 
16   go get all these listings done.  So these audits 
17   went back all the way to 2002, possibly where 
18   these findings weren't done properly and kept a 
19   record of.  
20                Now we're in the process of getting 
21   assessments and appraisal prices of all lands 
22   purchased, all buildings purchased to put on our 
23   inventory so we can meet the requirements of the 
24   federal audits because of the federal money that 
25   we accept.  Therefore, these audits now will have 
0027
 1   these listed here for the next -- past two years 
 2   and the current year, so that we can answer those 
 3   audit findings and clear them up and theoretically 
 4   get us off of high risk for the lack of proper 
 5   audit documentation.  There's been a lot of 
 6   cleanup going on.
 7                MR. NARCOMEY:  Another thing, 
 8   Mr. Chairman, what it does, it keeps track of all 
 9   of our equipment.  Say, for instance, what we're 
10   looking at up there.  It's just another form of 
11   accountability we've been pushing for since I got 
12   on board in '05, so I'm for this.
13                MR. BURGESS:  All right.
14                MR. ASEPERMY:  Mr. Chairman, I'd like 
15   to amend that resolution on the "Now, therefore be 
16   it resolved."  This resolution does not say 
17   anywhere capital asset policy.  I think it should 
18   read:  "Now, therefore be it resolved, that the 
19   Comanche Business Committee hereby adopts the 
20   attached Capital Asset Property Policy and 
21   Procedures."  
22                MR. TIPPECONNIE:  Yes, it should be 
23   corrected.
24                MR. BURGESS:  Okay.  So now that we 
25   have that amendment proposed, Mr. Narcomey, you 
0028
 1   spoke up.  Would you like to be the motion?  
 2                MR. HENSON:  Wait, wait, there's 
 3   another one on the disposition of property.
 4                MR. BURGESS:  Okay.  
 5                MR. HENSON:  It's got here sales in 
 6   excess of personal property shall be made in the 
 7   following manner:  $500, 500 to 1,000, 1000 or 
 8   more, but it has no way to keep track of that.  
 9   All this should be documented and turned into   
10   our --
11                MR. NELSON:  Mr. Chairman, on the 
12   question that the vice-chairman's imposing here, 
13   we talked to the auditors yesterday, and I think 
14   if you'll look on Page 1 of 8, Amend Property 
15   Disposal, we will have to amend just like we did 
16   our liquidation auction this past summer.  We will 
17   need to have an amendment pending on this on 
18   actual disposal.  Am I correct, Robert?  
19                MR. TIPPECONNIE:  Yes, that's why 
20   it's written here.  We have to have a correlation 
21   between our procurement, too.  Remember?  
22   Property, when we procure?  Because the way we 
23   have the procurement policy, it says we make a PO, 
24   purchase order, for every item we purchase, and 
25   that's not what we meant.  You couldn't say if we 
0029
 1   bought pencils we have to have a purchase order, 
 2   you know.  And we do have purchase orders for 
 3   supplies, office supplies and stuff, but there's 
 4   some component of the procurement we'll have to 
 5   bring forward where this is stated hereby, too.  
 6   That's why the annotation is in here to amend.  We 
 7   have a little bit amended, so it's approved with a 
 8   pending amendment.
 9                MR. BURGESS:  Okay.
10                MR. NELSON:  In other words, rather 
11   than just somebody saying we're going to sell 
12   this, it's not going to happen.  It has to have a 
13   process.
14                MR. TIPPECONNIE:  Yeah, there is a 
15   process.
16                MR. HENSON:  We have to have some way 
17   of keeping track of what we get rid of and costs 
18   and bids.  That's why I brought that up.
19                MR. BURGESS:  Will we have that 
20   amendment at next month's meeting?  
21                MR. NELSON:  I think we will.
22                MR. TIPPECONNIE:  We need two 
23   amendments, the procurement and the assets.
24                MR. BURGESS:  We have to bring 
25   procurement.
0030
 1                MR. TIPPECONNIE:  Pending amount.  
 2   Pass with a pending amendment. 
 3                MR. BURGESS:  We'll end up amending 
 4   the procurement policy at the same time.
 5                MR. ASEPERMY:  Why don't we do the 
 6   policy correctly and that way we don't have to 
 7   table it?  Have them do it correctly.
 8                MR. NELSON:  Because both coincide.  
 9   You already adopted the procurement policy.  Now, 
10   are we to expect every auditor to come in here and 
11   say you need a PO for this, you need a PO for 
12   that?  You know, they will scrutinize that, where 
13   both of these, Mr. Committeemen, coincide.  They 
14   work hand in hand so the amendment will be for the 
15   one already adopted.  That will coincide with this 
16   one on the disposal, not to confuse you guys.
17                MR. TIPPECONNIE:  It's smart now to 
18   get it in the record, you know, pending.  I think 
19   the motion can say pending an amendment, you know.
20                MR. NELSON:  It reflects another 
21   adoption made.
22                MR. TIPPECONNIE:  Yes, it means that 
23   something's forthcoming.  So I would suggest we do 
24   that, because it's very smart to get it in place.  
25   Not to say that we shouldn't have it complete, but 
0031
 1   if we put the wording in there pending amendment 
 2   relative to that disposition of sales items, you 
 3   know, I think we can work with it.  And the reason 
 4   I say that, it's so good to have it in place, even 
 5   though it's not totally the way we want it, for 
 6   audit purposes.  This is one of the last audit 
 7   matters, in addition to the inventory and 
 8   properties that we talked about, all that asset 
 9   management.  Okay, if we approve this, then it 
10   prescribes, it lays out how we go about, you know, 
11   telling all those assets, and that's a very 
12   important matter.  Then the point of disposal, if 
13   we're to have some disposal of them, I'd like -- I 
14   suggest amendment be with the pending, you know, 
15   wording forthcoming on disposal, if you're 
16   comfortable with that.
17                MR. BURGESS:  Gentlemen?  
18                MR. ASEPERMY:  Make the motion, 
19   Robert.
20                MR. BURGESS:  Well, Clyde's going to 
21   make the motion and we'll need a second.
22                MR. TIPPECONNIE:  Did you understand 
23   what I said?  
24                MR. NARCOMEY:  You're right.
25                MR. TIPPECONNIE:  Did you?
0032
 1                MR. KOSECHEQUETAH:  Uh-huh.
 2                MR. BURGESS:  Motion made by 
 3   Mr. Narcomey.  Second?
 4                MR. TIPPECONNIE:  I would make one -- 
 5   before, if he's comfortable with it, I would like 
 6   to make one other point.  Mr. Asepermy changed 
 7   some language, but at the top of that resolution 
 8   it also needs that same title.  We need to change 
 9   the title to Capital Asset Policy.
10                MR. BURGESS:  Strike the words 
11   "Property Acquisition," and insert "Capital Assets 
12   Policy."
13                MR. MAHSEET:  So before we second 
14   that, could you clarify that motion?
15                MR. ASEPERMY:  Say the whole motion, 
16   Robert, or Clyde.
17                MR. TIPPECONNIE:  Clyde, can you -- 
18                MR. MAHSEET:  What's your motion, 
19   Clyde?  
20                MR. NARCOMEY:  I don't remember all 
21   the changes that Lanny made.  What it is, I make 
22   the motion to approve.  I don't even know if I got 
23   a second yet or not, but once all the corrections 
24   are made, we should get a clean copy of it, right?
25                MR. TIPPECONNIE:  We're going to 
0033
 1   comport with the amendment.  You know, the motion 
 2   is with -- you know, with the pending amendment to 
 3   the disposition of excess properties when we sell 
 4   them.
 5                MR. NARCOMEY:  And you think it's in 
 6   our benefit now to just go ahead and pass that and 
 7   then change it?  
 8                MR. TIPPECONNIE:  Yeah, with that 
 9   amendment.
10                MR. BURGESS:  We can do that and 
11   bring the other one.
12                MR. TIPPECONNIE:  We have to bring 
13   both of them.
14                MR. BURGESS:  Next month.  Bring the 
15   corrected language from that one.
16                MR. TIPPECONNIE:  And this one.
17                MR. BURGESS:  And this assets policy, 
18   bring them together so we can make that amendment 
19   at the same time.  So, therefore, the motion will 
20   read:  "Comanche Business Committee hereby adopts 
21   the attached Capital Assets Policies and 
22   Procedures Plan with pending property disposal 
23   amendments."  Motion's made by Mr. Narcomey.  Is 
24   there a second?  
25                MR. TIPPECONNIE:  I'll second.
0034
 1                MR. BURGESS:  Mr. Tippeconnie has 
 2   seconded.  All those in favor signify by saying 
 3   "aye."  
 4                (Aye.)
 5                MR. BURGESS:  All those opposed, same 
 6   sign.  Motion passed.  Now, that was item number?  
 7                MR. TIPPECONNIE:  16-10.  Now we go 
 8   to 15.
 9                MR. ASEPERMY:  Item Number 6.
10                MR. TIPPECONNIE:  Yes.  That would be 
11   motion Number 15-10, Resolution Number 15-10, 
12   gentlemen.  This is a resolution to approve our 
13   motor pool policies and procedures.  Mr. Nelson?  
14                MR. NELSON:  Yes, sir.  
15                MR. BURGESS:  I didn't review it 100 
16   percent.  Oh, here it is, motor pool office is 
17   responsible for obtaining estimates and scheduling 
18   of vehicle repairs when mechanical problems are 
19   reported.  Okay.
20                MR. TIPPECONNIE:  When any.
21                MR. BURGESS:  Any mechanical.  We 
22   need to speak to the purchasing of tags.  I 
23   understand two of our vehicles were stopped 
24   because of out-of-date tags.
25                MR. NELSON:  Mr. Chairman, if you 
0035
 1   don't mind, could we table this?  This needs to be 
 2   revamped.  
 3                MR. ASEPERMY:  Refined.
 4                MR. HENSON:  Yes, it does.
 5                MR. NELSON:  Bottom line, this came 
 6   at us twice, but it's not reflective of the 
 7   changes that the secretary/treasurer, myself, and 
 8   even you, Mr. Chairman, suggested, especially on 
 9   Page 3.  We surely do need to -- it's a little too 
10   wordy.  Can we table this, gentlemen?
11                MR. ASEPERMY:  Mr. Chairman, I make a 
12   motion we table this until the policy is reworked, 
13   refined.
14                MR. BURGESS:  Okay.  Motion made by 
15   Mr. Asepermy to table.
16                MR. HENSON:  I'll second.
17                MR. BURGESS:  Second by Mr. Henson.  
18   All those in favor signify by saying "aye."  
19                (Aye.)
20                MR. BURGESS:  All those opposed, same 
21   sign.  All those abstain, same sign.  Motion to 
22   table has passed.  
23                Again, we'll move down to Item Number 
24   8.  We've got several motions here to pass.
25                MR. BURGESS:  We need to put a 
0036
 1   divider in there that says "motions".
 2                MR. TIPPECONNIE:  Yeah, I need to do 
 3   that.
 4                MR. BURGESS:  This is a real quick 
 5   item for us, again.  Mr. Tippeconnie has agreed to 
 6   assist the Comanche Housing by attending the 
 7   Nation American Indian Housing Council Legislative 
 8   Conference.  It normally happens about this time 
 9   or later.  What's going on in Washington, D.C. is 
10   that the block grant monies for housing, Indian 
11   housing, are going to be reduced, I think they 
12   said from 500 million to approximately 300 
13   million.
14                MR. HENSON:  No, down from 700 
15   million down to 580 million.
16                MR. BURGESS:  700 million to 580 
17   million, causing a 10 percent decrease across the 
18   board.  That would take our Comanche Housing from 
19   approximately 1.6 million down to about 1.4 
20   million, which severely hampers their operations.  
21   It's making them against their budget of 2011 and 
22   2012 whereby they may lose some employees, and 
23   they will lose some monies to maintain some homes.  
24                So Mr. Tippeconnie has been briefed 
25   by Mr. Yellow Wolf and has agreed to attend that 
0037
 1   necessary conference.  They want tribal leaders, 
 2   elected officials to be attending, as well as 
 3   housing officials.  So Mr. Yellow Wolf has a lot 
 4   of work before him, and due to the storm he's 
 5   behind on some of his projects.  He wants to get 
 6   started and stay here.  So Mr. Tippeconnie will be 
 7   traveling on behalf of the nation and housing.
 8                MR. HENSON:  I'll make a motion to 
 9   approve.
10                MR. BURGESS:  Motion to approve has 
11   been made by Mr. Henson.
12                MR. KOSECHEQUETAH:  Second.
13                MR. BURGESS:  Second by 
14   Mr. Kosechequetah.  All those in favor signify by 
15   saying "aye."  
16                (Aye.)
17                MR. BURGESS:  All those opposed, same 
18   sign.  All those abstain, same sign.  The ayes 
19   have it.  
20                Motion to approve the travel of 
21   Mr. Lanny Asepermy and Ronnie Mahsetky?  
22                MR. ASEPERMY:  Ronald Mahsetky, 
23   right.
24                MR. BURGESS:  Ronald Mahsetky to 
25   represent the Comanche Nation at the -- in 
0038
 1   Phoenix, Arizona on behalf of the U.S. Army, or 
 2   whoever was there, I guess.
 3                MR. ASEPERMY:  No, actually, it's for 
 4   the 65th anniversary of the Battle of Iwojima.  We 
 5   had one Comanche that participated in this 
 6   battle.  He was a -- Robert, you got my documents 
 7   that I wrote?  
 8                MR. TIPPECONNIE:  Yes.
 9                MR. ASEPERMY:  He was a member of a 
10   U.S. Marine Corps company.  Four of his 160 people 
11   survived the battle.  Mr. Mahsetky's father, 
12   Arnold Ahaty, was a participant in this battle, so 
13   we'll be representing Comanche Nation for this.
14                MR. BURGESS:  Okay.  
15                MR. ASEPERMY:  It's actually on the 
16   Gilla River Reservation, which is the reservation 
17   of Ira Hayes, one of the flag bearers.
18                MR. BURGESS:  Okay.  Motion to 
19   approve?  I make that.  Second?  
20                MR. TIPPECONNIE:  You made it?  
21                MR. BURGESS:  Yes.
22                MR. TIPPECONNIE:  I'll second.
23                MR. MAHSEET:  I might add, Comanche 
24   Nation is being honored this evening in Vancouver, 
25   the opening of Winter Olympics.  Myself and Lanny 
0039
 1   will be on display as Comanche Nation Veterans in 
 2   the opening of the Winter Olympics in Vancouver.
 3                MR. ASEPERMY:  Well, it's not just 
 4   Eddie and I, it's Eddie, George RedElk, Eleanor 
 5   McDaniel -- five of us -- and Christa Hubbard.
 6                MR. BURGESS:  That video that was 
 7   produced down here, right, filming?
 8                MR. MAHSEET:  No, they came down and 
 9   took some interviews, pictures.  They had a book.  
10   I forgot to bring that book, but they've got it.
11                MR. ASEPERMY:  They've seen the book.
12                MR. MAHSEET:  You've seen it?  But, 
13   yeah, we're going to be on display there this 
14   evening for the opening of the Winter Olympics.
15                MR. BURGESS:  Tohma, are you aware of 
16   that?  
17                MS. YEAHQUO:  No.
18                MR. BURGESS:  What time is that?  Are 
19   they going to be displaying that on TV?
20                MR. MAHSEET:  I don't know about TV, 
21   but as you come into the Winter Olympics, we're on 
22   display right there.
23                MR. BURGESS:  Motion on the floor 
24   here, second made by Mr. Tippeconnie.  All those 
25   in favor signify by saying "aye."  
0040
 1                (Aye.)
 2                MR. BURGESS:  All those opposed, same 
 3   sign.  All those abstain, same sign.
 4                MR. ASEPERMY:  I abstain.
 5                MR. BURGESS:  Motion passes.
 6                MR. ASEPERMY:  I'm not going to vote 
 7   for me to travel.
 8                MR. TIPPECONNIE:  I abstain.
 9                MR. BURGESS:  Item Number 10, motion 
10   to approve travel for myself to the Third Annual 
11   Tribal Nations Casino-Hotel Development Conference 
12   to be held in Pechanga, California.  That's this 
13   next week.
14                MR. ASEPERMY:  Mr. Chairman, I make a 
15   motion to approve.
16                MR. HENSON:  I second that.  What day 
17   is that, do you know?
18                MR. BURGESS:  I think it's Monday, 
19   the 22nd.
20                MR. HENSON:  Bob, when is yours?
21                MR. TIPPECONNIE:  The 22nd through 
22   the 25th. 
23                MR. HENSON:  I just want to make sure 
24   that I'm here.
25                MR. MAHSEET:  So moved.
0041
 1                MR. BURGESS:  Motion's been made by 
 2   Mr. -- second by Mr. Mahseet.
 3                MR. TIPPECONNIE:  Who made the 
 4   motion?
 5                MR. BURGESS:  Motion made, and second 
 6   by Eddie.  All those in favor signify by saying 
 7   "aye."  
 8                (Aye.)
 9                MR. BURGESS:  All those opposed, same 
10   sign.  All those abstain, same sign.  Motion has 
11   passed.
12                MR. ASEPERMY:  By the way, the dates 
13   of the event is the 19th and 20th of February.  
14   Travel 17, 18, 21, 22.
15                MR. BURGESS:  Okay.
16                Gentlemen, Eddie, I don't think you 
17   got one of these.  This is from Mr. Henry Harjo.  
18   We're going to move this item to executive 
19   session.
20                MR. MAHSEET:  The temporary?  
21                MR. BURGESS:  Yes, the temporary.
22                MR. ASEPERMY:  Have you got an extra 
23   copy, Mike?  
24                MR. BURGESS:  Yes.  Move item to 
25   executive session, Number 8.
0042
 1                 Here we are at Number 12, Motion to 
 2   develop and negotiate with the National Business 
 3   Center.  This is our indirect cost?  
 4                MR. TIPPECONNIE:  Yes, we have to get 
 5   on with it.
 6                MR. BURGESS:  We let out an RFP on 
 7   this?  
 8                MR. TIPPECONNIE:  No, we're just 
 9   going to go -- read the motion.  We're going to 
10   engage -- 
11                MR. BURGESS:  Motion to engage 
12   contract with Mr. Henry Harjo to develop and 
13   negotiate with the National Business Center for 
14   the Comanche Nation indirect cost rate.  This is a 
15   funding under special account established by 
16   Finley & Cook for these services.  This will be 
17   completed by April 1st.
18                MR. TIPPECONNIE:  Yes, we have to 
19   have it by April 1st for 2011 indirect.
20                MR. ASEPERMY:  Can you shed some 
21   light on that, this National Business Center, 
22   USDI?
23                MR. TIPPECONNIE:  Indian nations 
24   working with National Business Center, which is in 
25   the U.S. Department of Interior, because the 
0043
 1   Interior has that responsibility to Indian 
 2   nations.  That's where we go on our 638, basically 
 3   638 reasons.  I shouldn't say 638.  Federal 
 4   contracts to get this indirect, and, of course, we 
 5   apply indirect across.  But it has to be done -- 
 6   that's the way it's done for Indian nations, the 
 7   National Business Center.
 8                MR. ASEPERMY:  What's USDI stand 
 9   for?  
10                MR. TIPPECONNIE:  United States 
11   Department of Interior.  Secretary of Interior is 
12   responsible as a trustee for American Indian 
13   tribes.
14                MR. KOSECHEQUETAH:  What's the 
15   purpose?  It says to develop and negotiate.
16                MR. TIPPECONNIE:  Each year we have 
17   to develop an indirect cost.  As you know, we have 
18   one now that came up to almost 25 percent, from 7, 
19   which was in previous years.  So we are 
20   responsible to continue showing our data as to the 
21   subsequent years.  It doesn't -- in the past, it 
22   carried over our 7 because we just weren't in 
23   good, you know, places.  But now that we're 
24   getting in it, we're going to get it in order to 
25   make this regular.  We have to do this regularly.
0044
 1                MR. BURGESS:  This will apply to the 
 2   majority of the programs that we get with federal 
 3   funds and tribal funds as well.
 4                MR. TIPPECONNIE:  I wanted to 
 5   mention, you know, with Finley & Cook, we 
 6   established in their role, in their function to 
 7   the nation, they have these special accounts to do 
 8   these kind of things.  That's why the motion is 
 9   written that the fund, that special account that's 
10   established will fund this action.
11                MR. HENSON:  This is for the -- 
12                MR. TIPPECONNIE:  2011, fiscal year 
13   2011.
14                MR. BURGESS:  See, your accountants, 
15   by statute, aren't allowed to do your indirect 
16   cost rates.
17                MR. TIPPECONNIE:  No.
18                MR. BURGESS:  So that's why we have 
19   to get an independent CPA firm to go back and 
20   review our indirect cost structure and a new 
21   application for a negotiated contract at indirect 
22   cost rate every year.  Do I have a motion?  
23                MR. TIPPECONNIE:  Yeah, I make the 
24   motion.
25                MR. KOSECHEQUETAH:  Second.
0045
 1                MR. BURGESS:  Second by 
 2   Mr. Kosechequetah.  All those in favor signify by 
 3   saying "aye."  
 4                (Aye.)
 5                MR. BURGESS:  All those opposed, same 
 6   sign.  All those abstain, same sign.  The ayes 
 7   have it.
 8                MR. ASEPERMY:  Mr. Chairman, for the 
 9   record, I would like to read the motion.
10                MR. BURGESS:  Okay.
11                MR. ASEPERMY:  "To engage Henry Harjo 
12   to develop and negotiate with the National 
13   Business Center, USDI, the Fiscal Year 2011 
14   Comanche Nation Indirect costs, funded from the 
15   special account fund established with Finley & 
16   Cook, and to be completed by April 1, 2010."  
17                MR. BURGESS:  Correct.  The motion 
18   has passed.
19                MR. ASEPERMY:  Okay.  Now we have -- 
20   Bob, do you have the other motion on the emergency 
21   planning plan?  
22                MR. HENSON:  Excuse me.  We're going 
23   to establish this for the year 2011, but it's 
24   supposed to be for -- 
25                MR. BURGESS:  It's projected on your 
0046
 1   expenditure, so we have to have a rate approved by 
 2   October 1st.  By statute, this has to be approved 
 3   somewhere between 90 or 120 days before your 
 4   fiscal year and after your audits.  So our audit 
 5   is for '09.  That's what we're rated on, get the 
 6   rate on.
 7                We have a motion coming before us, 
 8   gentlemen, that we have to amend our emergency 
 9   management plan to include a couple of items:  The 
10   ability to hire a temporary staff for debris 
11   removal and/or functioning, monitoring.  The third 
12   one is to amend the policy to allow us to hire 
13   temporary workers who have -- will have 15 days to 
14   take and pass the required, what is it, drug 
15   test?  
16                MR. TIPPECONNIE:  Yes.
17                MR. BURGESS:  And then the other is 
18   to allow the chairman or chief executive to expend 
19   up to $50,000 based on the emergency needs for 
20   such disasters that we went through.  That allows 
21   us to go and initiate up to a certain amount.  
22   Then at that point in time, you know, we decide 
23   how much more we're going to spend or whatever.  
24   We have to have this in our emergency management 
25   plan prior to doing any contracted or conducting 
0047
 1   any cleanup.  And, also, when we start something, 
 2   I believe our plan didn't have a threshold, so we 
 3   just put a minimum $50,000 in there to allow us to 
 4   spend 5,000 or 10,000.  With that, I didn't tell 
 5   Bob that, but I think we need to make a motion for 
 6   the tribe to secure.
 7                MR. TIPPECONNIE:  Did I give you one?
 8                MR. BURGESS:  I passed it down.  One 
 9   more -- to go ahead and get a line item or 
10   checking account or credit card based on that 
11   amount just for such emergency that's locked until 
12   such time.
13                MR. HENSON:  I'll make a motion we 
14   approve that.
15                MR. BURGESS:  Like we got hit on 
16   those storm days and Saturday came.  Economic 
17   development stepped up and then housing stepped 
18   in.  The executive director from housing came over 
19   and utilized their credit cards for two days to 
20   buy meals, sack lunches, drinks to feed our crews 
21   and take out to the community centers for those 
22   who were needing meals, or to even rent -- use the 
23   line items to rent the generators that we had to 
24   rent and bring down.  Luckily our credit rating 
25   has increased that we can do that just on our 
0048
 1   name.  The company knew us and were doing business 
 2   with us all the time.  Mr. Nelson, I guess we'll 
 3   do it by PO or purchase orders eventually?  
 4                So our emergency management plan has 
 5   to have some of these caveats in it that we can do 
 6   these things on an emergency basis.  Just to do 
 7   for our shelter, we have to buy certain things.  
 8   So we need to have a line item until banks are 
 9   open.  I was surprised my bank was even closed.  I 
10   couldn't go in at that time.  Power outages and 
11   everything.  That's part of our plan.  These are 
12   things we have to amend the emergency management 
13   plan with to allow us to do the emergency hires, 
14   conduct UAs later on, not right before hire.  This 
15   plan doesn't change our personnel policies, it 
16   steps in when we have an emergency to conduct.
17                MR. MAHSEET:  I have a question 
18   here.  Should that be you or should that be the 
19   CBC to allow that expenditure, because -- 
20                MR. BURGESS:  It's -- well, if you 
21   don't want to have the chairman do it, it has to 
22   be an executive, or we give that executive 
23   authority to an emergency management coordinator, 
24   and we don't have one.
25                MR. MAHSEET:  Can't you use some of 
0049
 1   the people on here to --
 2                MR. BURGESS:  That's up to you all.  
 3   If y'all want to change it, that's fine.  It's 
 4   just suggested.  We have an executive in here.  It 
 5   doesn't bother me.  I prefer not.  You can change 
 6   the limit, too.  
 7                MR. MAHSEET:  I'm just thinking just 
 8   to keep you clean.  If they say, well, hey, well, 
 9   the chairman's doing this, the chairman's doing 
10   that, shouldn't we involve CBC, instead of just 
11   having you, giving you the authority to have those 
12   expenditures?  Because, you know, people may 
13   ask -- it's just a question.  It's just a 
14   question.  Whether y'all do it or not, I mean, 
15   that's just --
16                MR. BURGESS:  We have a fellow who 
17   has helped us through some of this.  I'm going to 
18   turn to Mr. Siciliano.  Did I say that right?  
19                MR. SICILIANO:  Yes, sir.
20                MR. BURGESS:  Jim here, with DDR, 
21   came in and talked with us on recommendations.  
22   He's talked with the city, he has FEMA 
23   experience.  He could give us some background on 
24   this motion that we need to do.  Jim?  
25                MR. SICILIANO:  Sure.  Typically -- 
0050
 1   my name is Jim Siciliano.  I'm with Direct 
 2   Disaster Recovery.  We're a consulting firm that 
 3   specializes in emergency management planning, 
 4   training, response and recovery, and mitigation.  
 5   I think what Mr. Burgess is saying as far as 
 6   emergency management planning is concerned, in 
 7   times of emergency, especially when it comes to 
 8   reimbursement from federal agencies like FEMA, the 
 9   tribe is eligible for reimbursement on incurred 
10   costs as a result of this disaster once there's a 
11   declaration, if there hasn't been a declaration.  
12   But once there is, they'll be eligible. 
13                The first thing that FEMA does is 
14   they look into your procurement policies.  If you 
15   step outside of your procurement policies, the 
16   flags go up and then they start de-obligating 
17   funding at that point.  They want you to function 
18   according to what your policies state.  They don't 
19   want you to go outside of your policies.  What 
20   Mr. Burgess is trying to do is get your plan, your 
21   procurement policies in place, where in an 
22   emergency, you can go outside of your normal 
23   procurement policies and procure things like 
24   shelter space or -- 
25                MR. BURGESS:  Blankets.  
0051
 1                MR. SICILIANO:  Blankets, food, could 
 2   be even hiring someone to come in and remove a 
 3   tree that came down onto a building or whatever 
 4   the case may be.  And that's an acceptable 
 5   practice when it comes to local government, state 
 6   government, tribal nations as well.  It's 
 7   something that FEMA would want to see going 
 8   forward as far as for the next disaster.
 9                MR. MAHSEET:  How many tribes have 
10   you dealt with?
11                MR. SICILIANO:  I've dealt with the 
12   Seneca Nation in New York and the Seminole Tribe 
13   in Florida.
14                MR. MAHSEET:  Have you dealt with any 
15   of the southern tribes in this area?
16                MR. SICILIANO:  Not in this area, no, 
17   sir.
18                MR. MAHSEET:  It seems that we have a 
19   pretty good, I guess, history of accusing and 
20   making accusations, and Clyde is one of those over 
21   there that talks about accountability.  Well, if 
22   we're going to do that -- and we also have 
23   resolutions in place that allows those 
24   expenditures for the Chairman.  So if you're going 
25   to do that, then shouldn't we make a resolution, 
0052
 1   too, that will give you that?
 2                MR. BURGESS:  Well, the resolution we 
 3   have approves the emergency management plan.  In 
 4   order to amend the emergency management plan, if 
 5   you want to do it by resolution or you want to do 
 6   it by motion -- right now in order for us to 
 7   qualify for anything under a FEMA declaration, we 
 8   need to have something in place before 
 9   FEMA declares reimbursement.
10                MR. MAHSEET:  I'm just saying this 
11   because I don't want that to happen to you.  
12   You're going to get the blame for a lot of things, 
13   especially when it comes to those expenditures.  
14   They're going to say, "What's the chairman doing?"  
15   All I'm doing is kind of looking out for you 
16   saying, hey, let's put something in place so those 
17   accusations don't come.
18                MR. BURGESS:  This only happens when 
19   we have another declared disaster or emergency.  
20   It only takes place at that time.
21                MR. ASEPERMY:  Let's add the vice-
22   chairman to that then.  You can both catch it.
23                MR. BURGESS:  I'd like to put the 
24   secretary/treasurer on it.
25                MR. MAHSEET:  Like I say, I'm just 
0053
 1   trying to keep things clean.
 2                MR. BURGESS:  That's fine.  We have 
 3   to name a name.  In fact, because we don't have an 
 4   emergency management coordinator on hand or on 
 5   staff, we have three individuals who operate as a 
 6   committee, and sometimes they seem to want to do 
 7   something that someone told them not to do because 
 8   they looked at the cost.
 9                MR. MAHSEET:  I will add this:  Our 
10   chairman was one of the first ones there over our 
11   little disaster time.  Our chairman did do a lot 
12   of work.  He was there quite a bit.  
13                MR. BURGESS:  That was our role as 
14   executive officers.  Our role was not to sit there 
15   and tell the others what to do.  We've had a lot 
16   of planning, and these plans were being built 
17   since '04, '03 or somewhere.  We started coming 
18   up, trying to get ready.  Having a plan in place 
19   allows us to recoup or gain back money from FEMA.  
20   But you have to have this plan and the body here 
21   has to approve it.  Then we have to follow the 
22   plan by practice, implementing, practice, 
23   implementing.  
24                And because we, the executive 
25   members, had to sit there, those of us that could 
0054
 1   get in -- and Lanny was there, Clyde came by, 
 2   Darrell was coming by, Bob, when he could get with 
 3   us, and this guy was snowed in himself, iced in.  
 4   We all sat there and we sit back and say we need 
 5   to buy this.  "Okay, how much is it?  What 
 6   program?"  We sat there and divvied that up.  
 7                The question even came to me, "Well, 
 8   we're going to pay our staff here, we're going to 
 9   pay them overtime.  How do we do this?"  I said, 
10   "Right now we're closed to due to an emergency, 
11   that's why we're closed, and every staff who is 
12   available that don't have family to take care of, 
13   they're required to come in and work eight hours." 
14   And those who worked overtime, FEMA allows us to 
15   pay the overtime for regular staff working the 
16   emergency.  
17                So for some of our staff who didn't 
18   come in, they had responsibilities.  Those who 
19   come in and said they'll volunteer to work the 
20   three or four hours until volunteers could come 
21   in, we've calculated that.  It's going to be done 
22   as overtime pay for them, because it comes back to 
23   us from FEMA.  
24                Because we have a policy that's 
25   emergency management, we can do that.  FEMA is 
0055
 1   saying that you need to have this kind of policy 
 2   in place, and that plan has to be amended.  That 
 3   plan is being worked on as we talk, but we have to 
 4   have a motion, or as Mr. Mahseet was saying, make 
 5   a resolution with these amendments to it.  We 
 6   could say executive committee, because that's 
 7   basically what happened.
 8                MR. ASEPERMY:  That's exactly what I 
 9   think we should change it to.  The executive 
10   committee would include the chairman, vice-
11   chairman and the secretary/treasurer.
12                MR. BURGESS:  We were doing that, 
13   talking to each other and trying to get 
14   concurrence.
15                MR. MAHSEET:  I'm just thinking to 
16   keep everything clean.
17                MR. ASEPERMY:  Does anyone object to 
18   changing chairman/chief executive, to executive 
19   committee?  
20                MR. HENSON:  There's a question on 
21   this.  When a situation has been declared, is that 
22   going to be the situation declared by the 
23   governor?  
24                MR. BURGESS:  That was your 
25   declaration?
0056
 1                MR. ASEPERMY:  No, that was his call, 
 2   and he called a state of emergency, and rightfully 
 3   so.  
 4                MR. BURGESS:  Jim, could you respond 
 5   to that?
 6                MR. SICILIANO:  Can I clarify that?  
 7   What I've heard is typically the state of 
 8   emergency declared by the local government.  It 
 9   can't be contingent upon federal disaster or 
10   something along those lines.  If you have 
11   procedures in place to declare a local state of 
12   emergency, that's typically when this would kick 
13   in.  It can not be contingent upon FEMA 
14   declaration or presidential declaration.
15                MR. HENSON:  Can you define emergency 
16   situations?
17                MR. SICILIANO:  You have to define 
18   emergency situations as far as your procedures.  
19   Your emergency management plan, it could be a 
20   natural disaster, it could be a man-made disaster, 
21   it could be a lot of different things.  It could 
22   be a swine flu epidemic, it could be a lot of 
23   different things.
24                MR. ASEPERMY:  Or eight days at my 
25   house.
0057
 1                MR. HENSON:  That's what I was 
 2   thinking, right there.
 3                MR. BURGESS:  Three days cutting his 
 4   trees down.
 5                MR. ASEPERMY:  Are you employed by 
 6   the Comanches?  
 7                MR. SICILIANO:  It's just like what a 
 8   governor or a city manager would do if something 
 9   were to happen.  You have the same authority to do 
10   that.  
11                MR. ASEPERMY:  Are you employed by 
12   the Comanches?  
13                MR. SICILIANO:  I am not employed by 
14   the Comanches, no.
15                MR. ASEPERMY:  You're just here -- 
16                MR. SICILIANO:  Showing some good 
17   will right now.
18                MR. ASEPERMY:  You don't work for 
19   FEMA?  
20                MR. SICILIANO:  I don't work for FEMA 
21   anymore.
22                MR. ASEPERMY:  Not anymore?
23                MR. BURGESS:  This line item, guys, 
24   remember we have on our budget 100,000, isn't it?
25                MR. ASEPERMY:  50,000.
0058
 1                MR. BURGESS:  I think the first three 
 2   days we spent about 10 or $13,000 on materials and 
 3   supplies, and that's basically what it will be 
 4   for, fuel, you know.
 5                MR. ASEPERMY:  Mr. Chairman, I 
 6   recommend that on the motion, the last paragraph 
 7   of the motion, that we change chairman/chief 
 8   executive to executive committee.  And for the 
 9   record, I make the motion to add to the Comanche 
10   Nation Emergency Management Plan the following:  
11                "Emergency hiring practices which 
12   include employing temporary/emergency personnel to 
13   conduct emergency operations, to conduct disaster 
14   assessment of materials, property, and recover 
15   cost estimates; to hire personnel to perform 
16   disaster recovery, remediation of debris removal 
17   as determined necessary by the Comanche Nation 
18   when a disaster/emergency situation has been 
19   declared by the chairman of the Nation; 
20   temporary/emergency personnel hired will be 
21   allowed to work up to 15 workdays prior to meeting 
22   the requirement of a drug test in order to meet 
23   federal guidelines and FEMA regulations.  In the 
24   case of the above-stated declaration, the 
25   executive committee is allowed to expend up to 
0059
 1   $50,000 as the initial set aside for use to cover 
 2   costs of the declared emergency."   That's my 
 3   motion.  
 4                MR. BURGESS:  Motion has been made by 
 5   Mr. Asepermy.  I have another question here.  Go 
 6   ahead.  That would happen, yeah, automatically.  
 7   That's what the constitution says.  
 8                His question was about if the 
 9   chairman's not here, it's automatic that the next 
10   officer, which is vice-chairman or then the 
11   secretary/treasurer would step in.
12                I have a question here of 
13   Mr. Siciliano again.  Jim, this guideline on 
14   drugs, is there anything else in the UAs or other 
15   hiring practices that we would have to institute 
16   or make sure we cover in this emergency policy?  
17                MR. SICILIANO:  As long as you follow 
18   what your normal -- 
19                MR. BURGESS:  Application paperwork.  
20                MR. SICILIANO:  Correct.  The federal 
21   statutes for discrimination and so on and so 
22   forth.  If that's already in there, that's okay.
23                MR. BURGESS:  Right now, guys, we 
24   couldn't hire any temporary workers because they 
25   have to take the UA up front, and it suspends that 
0060
 1   policy just for this situation -- 
 2                MR. SICILIANO:  Fifteen workdays. 
 3                MR. BURGESS:  It allows us to get 
 4   them to work, and then they got to come in and 
 5   take it on a lunch hour or whenever we designate 
 6   it.  So the motion's been made by Mr. Asepermy.
 7                MR. HENSON:  I'll second.
 8                MR. BURGESS:  Second by Mr. Henson.  
 9   All those in favor signify by saying "aye."  
10                (Aye.)
11                MR. BURGESS:  All those opposed, same 
12   sign.  All those abstain, same sign.  
13                We're starting to new and old 
14   business, however, Mr. Tippeconnie.
15                MR. ASEPERMY:  What about the youth 
16   services with the Sac & Fox?  Do we have a 
17   resolution?
18                MR. BURGESS:  We do.  We just have 
19   one here presented.  Did I give it to you, Bob?  
20   16.  It would be Number 16-10 in our resolutions.  
21   Resolution to conduct contract services with the 
22   Sac & Fox Nation at the juvenile hall.
23                MR. ASEPERMY:  I have no copy.
24                MR. BURGESS:  We just have one here.  
25   We'll pass it down.
0061
 1                MR. ASEPERMY:  It should be 17-10, 
 2   right, Mike?
 3                MR. BURGESS:  Yes, 17-10.
 4                MR. ASEPERMY:  It should be 
 5   resolution 17-10.
 6                MR. BURGESS:  Anyway, I had it in my 
 7   hand.  Do you have another copy, Vern?
 8                MR. GRIFFIN:  I can get it.
 9                MR. BURGESS:  It was here.  Where did 
10   I put it?
11                MR. TIPPECONNIE:  Do you have it?
12                MR. GRIFFIN:  I think I laid it face 
13   down over there.  I think I laid it face down in 
14   the front of your book.
15                MR. ASEPERMY:  Put it in front of 
16   every one of us.
17                MR. BURGESS:  I wonder if I attached 
18   it to one of those -- I didn't attach it to one of 
19   the items I handed to you guys?
20                MR. ASEPERMY:  No, I just looked at 
21   that, I didn't see it.  Is it attached to any of 
22   your stuff, Eddie?
23                MR. MAHSEET:  I don't have anything.
24                MR. ASEPERMY:  No, Mike, I don't have 
25   it.  Is that resolution from you, Vernon?  You 
0062
 1   only provided one copy?
 2                MR. GRIFFIN:  What we have is we have 
 3   a contract with the Sac & Fox.  It expired in 
 4   January.  We were unaware of it.  We have a 
 5   juvenile who's in need to be placed.
 6                MR. ASEPERMY:  Can you provide us all 
 7   a copy and that we hold this and come back to it 
 8   later, Mike?
 9                MR. BURGESS:  We're going to have 
10   to.  Call over, Vern.
11                MR. TIPPECONNIE:  Here it is.
12                MR. BURGESS:  Here it is.  He found 
13   it.  I'll read it to you.  Thank you.
14                "Whereas, the Comanche Nation is a 
15   federally recognized Indian Tribe with a 
16   Constitution approved by the Secretary of the 
17   Interior January 9th, 1967 to safeguard tribal 
18   rights, powers, and privileges to improve the 
19   economic, moral, educational, and health status of 
20   its members; and 
21                "Whereas, the tradition of 
22   sovereignty of the Comanche Nation, since time 
23   immemorial long predates the existence of the 
24   Nation, establishes the inherent sovereign powers 
25   and rights of the Comanche self-government; and 
0063
 1                "Whereas, the Comanche Business 
 2   Committee is the duly elected official body 
 3   designated to conduct business for and on behalf 
 4   of the Comanche Nation; and
 5                "Now therefore be it resolved, that 
 6   the Comanche Nation reaffirm its law enforcement 
 7   service commitment to the Nation by strengthening 
 8   its law enforcement activities by entering into an 
 9   agreement with the Sac & Fox Nation to provide 
10   juvenile detention services for the Comanche 
11   Nation.  The Sac & Fox will provide services at 
12   its juvenile facility at Stroud, Oklahoma, for 
13   juveniles age 12 to 18 years old.  The specific 
14   terms of agreement are identified in the contract 
15   between the governing bodies."  
16                And we already have a copy on file, 
17   we just need to do a resolution to continue that 
18   contract.
19                MR. MAHSEET:  Right.
20                MR. BURGESS:  And that would be Item 
21   Number 17-10.  Thank you, folks, for 
22   understanding.  We're trying to get this done 
23   here.
24                MR. MAHSEET:  Since we've been going 
25   on, Mr. Chairman, I make a motion to approve.  
0064
 1                MR. ASEPERMY:  Second.
 2                MR. BURGESS:  Motion is made by 
 3   Mr. Mahseet, second by Mr. Asepermy to approve.  
 4   All those in favor signify by saying "aye."  
 5                (Aye.)
 6                MR. BURGESS:  All those opposed, same 
 7   sign.  All those abstain, same sign.  The ayes 
 8   have it, resolution passes.
 9                MR. ASEPERMY:  Chairman, can we take 
10   a 10-minute break?
11                MR. BURGESS:  We need to.  Ten-minute 
12   break.
13                (Break held.)
14                MR. BURGESS:  Come back to session.  
15   Thank you.  Come out of recess here.  Come back to 
16   our agenda.  
17                We're waiting for some more, if any, 
18   applicants for this prosecutorial position for 
19   Indian Welfare and Tribal Court Program.  Jerry 
20   Bread can't make it.
21                MR. HENSON:  Tabled?
22                MR. BURGESS:  Yes.  Item Number 4, 
23   which is Mr. Jerry Bread, he's not able to make 
24   it, so he will be tabled until next meeting.
25                MR. ASEPERMY:  What's the deal on 
0065
 1   Dana Deer?
 2                MR. BURGESS:  We called to see if 
 3   there were more applicants, but it seems like 
 4   she's the only one.
 5                MR. TIPPECONNIE:  Did we actually 
 6   send it out for applicants?  
 7                MR. BURGESS:  Yes, it was announced.
 8                MR. TIPPECONNIE:  This is the only 
 9   response?  
10                MR. BURGESS:  We'll move to Item 
11   Number 2 and give you five minutes or so to see if 
12   there are any other applicants.  Mr. Suminski, you 
13   wish to approach the CBC about a proposal to do a 
14   casino, correct?
15                MR. SUMINSKI:  Yes.  MGM Grand said 
16   they would build it.  Right now, if you give us 
17   the compact, we're not going to charge a lease.  
18   The reason we want you to get the rewards off this 
19   casino -- 
20                MR. BURGESS:  Well, I think, Richard, 
21   I think it's February 25th is our meeting with our 
22   gaming board.  That would be the best venue for 
23   you to sit and discuss that with us.  That will be 
24   at the Comanche Nation Business Center.
25                MR. HENSON:  About 10 or 11.
0066
 1                MR. BURGESS:  February 25th.
 2                MR. ASEPERMY:  Tax commission at 
 3   9:00, gaming board approximately 10 o'clock.
 4                MR. BURGESS:  I'd request that you go 
 5   over there and request to talk to Sharrod 
 6   Tabbytite and tell him we sent you to get on the 
 7   agenda to discuss any of this, because our gaming 
 8   commission, our gaming board will be involved 
 9   because of the regulations that are required to go 
10   through.  So save yourself time, and us, so we can 
11   move with our agenda.
12                MR. ASEPERMY:  I would also recommend 
13   that you do a request for proposal.  What you've 
14   given us is very vague.  I think you gave us a 
15   picture of the Choctaw name and you gave us this.  
16   This is all we have, and you got this.  
17                MR. SUMINSKI:  Well, see, it will be 
18   bigger than that.
19                MR. ASEPERMY:  Well, we don't have 
20   any specifics, they don't have any specifics.
21                MR. SUMINSKI:  We'll talk when I go 
22   talk to the gaming.  The only problem that I see, 
23   if y'all want it and gaming wants it, is -- 
24                MR. ASEPERMY:  We can't decide if we 
25   want it with a document like this.
0067
 1                MR. SUMINSKI:  Like I said, I've got 
 2   -- once I say give me the okay -- when I go talk 
 3   to gaming and y'all say yeah, then I'll go talk to 
 4   people in Las Vegas.  The MGM Grand said they 
 5   would build it.
 6                MR. ASEPERMY:  What do the Kiowas 
 7   say?  
 8                MR. SUMINSKI:  Like I said, I've got 
 9   all these people, not just you, and I've already 
10   submitted the paperwork to the BIA.  They've got 
11   my license, everything, my cars.
12                MR. ASEPERMY:  Mr. Tabbytite and 
13   Mr. Robbins will tell you what the requirement is 
14   to get this ball rolling, and this is --
15                MR. SUMINSKI:  This is just kind of 
16   info.  
17                MR. ASEPERMY:  Do you know where 
18   they're located?  
19                MR. SUMINSKI:  Over there north?
20                MR. ASEPERMY:  At the business 
21   center, old Elks Lodge.  Their number is 
22   595-3330.  I would recommend that you call them in 
23   advance, make you an appointment.  595-3300.  Ask 
24   for the gaming board, either Mr. Tabbytite or 
25   Mr. Robbins.  Mr. Robbins is out today.  Thank 
0068
 1   you, Richard.  
 2                MR. SUMINSKI:  I'll give them a call 
 3   and I'll get back with you.
 4                MR. NELSON:  Back to Dana Deer, 
 5   gentlemen.
 6                MR. ASEPERMY:  Hang on.  
 7   Mr. Chairman, I believe Mr. Nelson has -- on Dana 
 8   Deer, are we ready?  
 9                MR. NELSON:  Back to Dana Deer.  I 
10   guess by application she was the only applicant.
11                MR. ASEPERMY:  Well, in addition to 
12   that, talking to the child support director, 
13   Debora.
14                MR. BURGESS:  Debora Yates.
15                MR. ASEPERMY:  -- Debora Yates, and 
16   talking to two of the three judges, that they were 
17   satisfied with her services up to this point.  So 
18   I make a motion that we -- are we looking to -- 
19                MR. BURGESS:  Sign a contract.
20                MR. ASEPERMY:  -- extend her 
21   contract?  
22                MR. HENSON:  No, sign a contract.
23                MR. TIPPECONNIE:  It's a resolution 
24   to effect a contract.
25                MR. BURGESS:  Well, we have a 
0069
 1   resolution to sign that approves her contract for 
 2   services with us for a year just at a time, just 
 3   continuous until we decide to renew it.  She 
 4   didn't have that signed before, it was a verbal.  
 5   We need to have something in writing.
 6                MR. ASEPERMY:  So how do you want me 
 7   to make a motion?  
 8                MR. TIPPECONNIE:  Here's a resolution 
 9   we have.  I'll read the resolution and so we'll 
10   have it in the record.  It has the formal whereas, 
11   but this, the last three will be:  "Whereas, the 
12   Comanche Nation Children and Family Relations Code 
13   of 2008, Section 106, grants authority to the 
14   Comanche Business Committee to appoint a 
15   prosecutor to represent the Nation in the interest 
16   of the child and all involuntary child proceedings 
17   and other proceedings before the Comanche Nation 
18   Children's Court or on appeal before the Court of 
19   Indian Appeals of the Court of Indian Offenses", 
20   which means the CFR Court, "and other 
21   jurisdictions, or on appeal at the request of 
22   Comanche Nation Indian Child Welfare Department; 
23   and 
24                "Whereas, Dana Deer has previous 
25   experience working with the Comanche Nation 
0070
 1   Children's Court, and the Comanche Business 
 2   Committee desires to appoint her as prosecutor for 
 3   a four-year term or until her successor is 
 4   appointed; and 
 5                "Now, therefore be it resolved, that 
 6   the Business Committee of the Comanche Nation 
 7   hereby appoints and names Dana M. Deer as 
 8   prosecutor for the Comanche Nation Children's 
 9   Court in accordance with Section 106 of the 
10   Comanche Children and Family Relations Code of 
11   2008."
12                MR. BURGESS:  The contract follows 
13   the code.
14                MR. TIPPECONNIE:  We have an 
15   agreement.
16                MR. BURGESS:  We have an attorney 
17   agreement here.  Pass it down to the other guys, 
18   if you want to look at that.  This resolution 
19   would be number 18-10 if it got approved.
20                MR. ASEPERMY:  This is for a four-
21   year contract then?  
22                MR. HENSON:  No, this agreement is 
23   for a year.
24                MR. TIPPECONNIE:  Year at a time.
25                MR. BURGESS:  Year at a time.
0071
 1                MR. ASEPERMY:  Up to a period of four 
 2   years?  
 3                MR. BURGESS:  Yeah.
 4                MR. ASEPERMY:  Okay.
 5                MR. HENSON:  That covers my question.
 6                MR. BURGESS:  Mr. Burson, was there 
 7   any language in this resolution that -- it's going 
 8   according to the codes.  Concern was about saying 
 9   the contract, but saying according to our codes -- 
10                MR. BURSON:  Right.  Presumably 
11   there's some qualifications for your prosecutor 
12   and family relations area.
13                MR. BURGESS:  We did put out an RFP 
14   for this contracting services that was announced 
15   in late December or early January.
16                MR. BURSON:  Okay.
17                MR. BURGESS:  Following our 
18   procurement process.
19                MR. ASEPERMY:  Mr. Chairman, call for 
20   the question.
21                MR. BURGESS:  Okay.  All those in 
22   favor of signing the resolution for the contract 
23   to retain Ms. Dana Deer, please say "aye."  Motion 
24   made by Mr. Asepermy,  That's all the questions.  
25   Second?
0072
 1                MR. HENSON:  Second.
 2                MR. BURGESS:  Second by Mr. Henson?
 3                All those in favor signify by saying 
 4   "aye."  
 5                (Aye.)
 6                MR. BURGESS:  All those opposed, same 
 7   sign.  All those abstain, same sign.  Item 
 8   passes.  
 9                We've already spoken to Mr. Suminski.  
10   Mr. Parker?
11                MR. ASEPERMY:  Jerry Parker.
12                MR. BURGESS:  Jerry's not here.
13                MR. ASEPERMY:  No show?  
14                MR. BURGESS:  No show right now.
15                MR. ASEPERMY:  Has anyone seen 
16   Ms. Parker?  
17                MR. BURGESS:  No, Jerry Parker.
18                MR. ASEPERMY:  Oh, Jerry Parker.  I'm 
19   sorry.
20                MRS. GALLEGOS:  Is that the one that 
21   works at social services?
22                MR. ASEPERMY:  Women's Shelter, it 
23   says.
24                MR. BURGESS:  Reference to a 
25   relative.
0073
 1                MR. HENSON:  Jerry Bread's not here.
 2                MR. BURGESS:  Jerry Bread's not 
 3   here.  So Mr. Tahkofper, Karl.
 4                MR. TAHKOFPER:  I'd like to make a 
 5   request to you all here.  I have a formal report 
 6   ready that you requested, and I'd rather not speak 
 7   about that until you have time to look at this, 
 8   concerning our water.
 9                MR. BURGESS:  Okay.  
10                MR. ASEPERMY:  Do you want to go to 
11   executive?
12                MR. BURGESS:  No.
13                MR. TAHKOFPER:  I can go to 
14   executive.  I guess the only thing that I'd like 
15   to say right now, and I'll let it go at this, is I 
16   did a real limited preliminary study of an acre -- 
17   not acre, but a tract of land around here for 
18   water resources.  I have all the available 
19   subsurface information that I needed as well as 
20   the well lots.  
21                Now, I'm going to give you a figure 
22   that is going to be hard for you to believe, but 
23   it's -- I came up with 157.6 million gallons per 
24   year.  Now, that's a tract of land around here.  
25   That's a lot of water.  What the tribe would do 
0074
 1   with it, you could have your own water supply, you 
 2   could even have a bottling company, sell this 
 3   water, charge so much per liter.  They sell it in 
 4   liters.  
 5                The reason I say this is that in this 
 6   recent emergency we had concerning water, I was 
 7   out of water.  I went down to the -- down here to 
 8   the old folks home and I could get no water.  
 9   There was too many people now.  So in a hurry, I 
10   went to Wal-Mart and the -- everything was just 
11   cleaned out completely.  So I went across the 
12   street to Wal-Mart -- I mean Walgreens, I bought 
13   two six packs of water.  I paid over -- a little 
14   over $10 for each six pack.  So for those two six 
15   packs, it cost me over 20 bucks.  
16                But the funny thing about that was, 
17   that water came from Fiji.  I didn't notice it 
18   until I got home.  What are we doing importing 
19   water from Fiji that's $1.67 for a little liter, 
20   and a liter is just about a quart.  So I'm saying 
21   that the tribe is missing out on, you know, money, 
22   big money.  
23                Seven years ago I approached the 
24   leadership at that time and proposed to do a water 
25   study so we could quantify our water, how long we 
0075
 1   had, where would we drill these wells, if we could 
 2   supplement our own water plus the City of Lawton 
 3   or sell it.  Nobody would listen.  Now we're in a 
 4   position to where there's going to be a lot of 
 5   drought right now.  It's going to be worse as we 
 6   go on in time, and I mean the immediate future is 
 7   going to get much worse.  
 8                A couple of years ago I think a lot 
 9   of the farmers lost their wheat.  I know my lease 
10   men lost their wheat because of no water.  It will 
11   get worse before it gets any better.  And that's 
12   immediate.  So that's -- I want to end it right 
13   there.  But anybody got any questions to ask and 
14   I'll answer them, but I want you to see that, what 
15   I have.
16                MR. BURGESS:  Then would you wait 
17   until we go into executive session and you bring 
18   your information forward today?  
19                MR. TAHKOFPER:  I can bring it 
20   forward next week.
21                MR. ASEPERMY:  Mr. Chairman, since 
22   you and Mr. Tippeconnie are our forefront on our 
23   water rights, do you think the two of y'all or one 
24   of y'all could set up a meeting with Mr. Tahkofper 
25   at his convenience or your convenience?  
0076
 1                MR. BURGESS:  Sunday, you'll buy 
 2   lunch?  
 3                MR. TAHKOFPER:  What I'm concerned 
 4   about is the State of Oklahoma's attempt -- 
 5   they're doing their water quantity studies and 
 6   it's about finished.  That quantity study that 
 7   they're doing includes Indian land, too, which 
 8   means allotted lands.  Once they do that, they 
 9   quantify it, and we set here silent.  Our leaders 
10   have said nothing.  We're in danger, the tribe and 
11   all, of losing our water rights.  Because if you 
12   don't use it you, can lose it.  
13                So this is my concern.  And they're 
14   targeting four major drainage areas to rent city 
15   water direct out of Dallas.  That's at West Cache, 
16   East Cache, and the two Beaver Creeks.  Those are 
17   major drainage systems where a lot of allotted 
18   lands are, because people settle there because of 
19   water supply, games and cover.  A lot of land 
20   there.  And I'm one of those allottees.  I'm sure 
21   a lot of you are, too.  Once you lose that, you're 
22   not going to have any water.  The state will allot 
23   you so much water.  If you want to move out to 
24   your property or your grandchildren, you've only 
25   got 7,000 gallons a month.  That's not much water.  
0077
 1   You can't even water your own lawn.  If you use 
 2   over that, you'll have to pay.  But that's what 
 3   I'm scared of, is the state.  And I think the 
 4   allottees should know about it.
 5                MR. BURGESS:  Well, if you hang 
 6   around, we'll try to get -- if you don't have that 
 7   document with you -- 
 8                MR. TAHKOFPER:  I have it, it's at 
 9   home.
10                MR. TIPPECONNIE:  Can we meet early 
11   March, like March 3rd, it's a Wednesday, in the 
12   afternoon?  
13                MR. TAHKOFPER:  Yeah, I can do it 
14   before then, too.
15                MR. BURGESS:  We're tied up with 
16   other things.  So March 3rd in the afternoon about 
17   2:00.  
18                MR. TAHKOFPER:  That'd be fine.
19                MR. ASEPERMY:  At your office, Mike?  
20                MR. NARCOMEY:  Karl, you need to 
21   bring up that situation at Turkey Creek, too, when 
22   you meet with these guys.  
23                MR. TAHKOFPER:  Another thing, down 
24   here in Turkey Creek, I've been trying to find out 
25   who the developer of that land is.  I can do it 
0078
 1   for one reason.  They're using the water off a 
 2   spring that's located on KCA land across the 
 3   fence.  It's a free-flowing spring, but they have 
 4   tapped into it.  The residents at that development 
 5   do not have to pay for that water.  They pay all 
 6   the bills except water, because they're using that 
 7   water.  That's been going on for a number of 
 8   years, and I don't know whether the KCA has looked 
 9   into that, but it is there.  That's KCA water.  
10   That means Comanche water, too.  Why aren't we 
11   getting any revenues off it?  
12                MR. BURGESS:  Mr. Burson, would you 
13   be able to attend our meeting on March the 3rd?
14                MR. BURSON:  Sure.
15                MR. BURGESS:  In the meantime, you 
16   can probably get it on the Internet, a copy of 
17   that land description, that area where he's 
18   describing.  It's off of Rogers Lane, correct?  
19                MR. TAHKOFPER:  Yes.  They have a car 
20   wash there, too, and that little fire station, and 
21   they have that little development there.  Just go 
22   across that fence south and you'll see.  
23                MR. BURGESS:  The history, 
24   Mr. Burson, is that the school superintendent, 
25   back in the day, had the authority under the BIA 
0079
 1   to relinquish the lands.  So that's why there's 
 2   certain parcels that were sold to support Fort 
 3   Sill and its operations.  So that documentation to 
 4   sell the land will most likely not have 
 5   confirmation for the ground water to go with it.  
 6   And it's still -- many of those are still 
 7   controlled by KCA.   That's why it's going to 
 8   become a legal issue.  Probably setting precedence 
 9   for us now.  So that's what we'll look at, 
10   Mr. Tahkofper.  Karl, thank you for being here.  
11   There will be at least three of us there.  There 
12   will be the executive committee, or two of us, and 
13   then Mr. Burson, legal counsel, to start looking 
14   into the issues.  March the 3rd at 2 o'clock.
15                Our next item is Mrs. Atchavit.  
16   Linda?  All right.  What we have before us is a 
17   modified sample statement from Mrs. Atchavit.  
18   She's approached us twice about coming to the 
19   tribe on contract to set up third-party billings 
20   for medical assistance.  We're already putting 
21   tribal money into the prescription assistance 
22   program.  And the nation now is looking at hiring 
23   somebody to help us -- how is this now, we would 
24   accept the bills as they come back to us to 
25   Medicare, Medicaid, or private insurance to get 
0080
 1   reimbursements?  
 2                MS. ATCHAVIT:  Yes.  
 3                MR. BURGESS:  Do you want to expand 
 4   on that any more, Linda?
 5                MS. ATCHAVIT:  On the -- it would 
 6   bring money back into there, and I had talked to 
 7   Indian Service.  On that RPMS, I used that, and 
 8   that's a software to get that started, which they 
 9   said I could get that out of the area office.  And 
10   they said you already know how to use that, so 
11   that would be no problem.  And they said if we 
12   went with the Chickasaws, with the software that 
13   they use, that it would be the same software.  But 
14   they recommend that you get the RPMS, because you 
15   already know how to use that.
16                MR. BURGESS:  Is that additional cost 
17   to us?  
18                MS. ATCHAVIT:  No.  She said it's 
19   available to the tribes.
20                MR. BURGESS:  To the tribes?  
21                MS. ATCHAVIT:  Yes.
22                MR. TIPPECONNIE:  Through the 
23   Bureau?  
24                MS. ATCHAVIT:  No, IHS.
25                MR. HENSON:  I notice right here it 
0081
 1   says you'll get out and make some home visits and 
 2   see elders.  There's another thing that needs to 
 3   be attached to this.  I don't know if anybody's 
 4   talked to you about it, but all the people that 
 5   come in, you're going to have -- you're going to 
 6   need to make sure that they're enrolled in 
 7   Medicare or -- what's the other one?
 8                MR. ASEPERMY:  Medicaid.
 9                MR. BURGESS:  Or Sooner Care.
10                MR. HENSON:  Because a lot of -- 
11   through my experience with the Oklahoma City 
12   Clinic, a lot of these people weren't enrolled in 
13   those programs, so you're going to have to see and 
14   make sure that they get enrolled in those 
15   programs.  In fact, you might even advertise or 
16   something, because a lot of people don't know to 
17   get enrolled in it.
18                MR. ASEPERMY:  So basically you're 
19   saying that if a person comes in and has a 
20   prescription for $100, that that prescription 
21   would be charged to their Medicare for 
22   reimbursement back to the nation?
23                MS. ATCHAVIT:  To the tribe, yes.
24                MR. ASEPERMY:  Will it be any cost to 
25   the nation member?  
0082
 1                MS. ATCHAVIT:  No.  
 2                MR. ASEPERMY:  Like Medicare is 80 
 3   percent.  They cover 80 percent of the cost.  Is 
 4   our tribal member -- 
 5                MR. HENSON:  What this is, Lanny, 
 6   it's recovering the -- at times, it may not 
 7   recover the whole 100 percent, but it's going to 
 8   cover whatever Medicare or Medicaid pays, or their 
 9   private insurance pays.  But what it means is 
10   we'll be getting a lot of that money back.
11                MR. ASEPERMY:  And I see that she has 
12   completed her coding, medical coding training.
13                MS. ATCHAVIT:  Because you asked for 
14   that last time.
15                MR. ASEPERMY:  Medical office if I'm 
16   not mistaken -- I'm saying this because my 
17   daughter works for a doctor in town and this is 
18   what she does for recovery of -- 
19                MS. ATCHAVIT:  I've worked at the 
20   Indian Hospital, too.  She worked at the Indian 
21   Hospital, and that's exactly what she was doing at 
22   the Indian Hospital.  So that's why we got the 
23   idea that why couldn't the tribe do it.  And the 
24   only tribes that do it in Oklahoma is the 
25   Chickasaws, Choctaws, and Absentee Shawnees.  And 
0083
 1   due to the bad weather, we didn't get to go see 
 2   the Choctaws and the Absentee Shawnee, we only got 
 3   to go see the Chickasaws in Duncan, and then they 
 4   didn't have no lights.  They were sitting in the 
 5   dark and we couldn't see anything.  But we did get 
 6   to hear a lot of good information.  
 7                This is sort of a brief story of what 
 8   we've done.  We've got a lot of paperwork that we 
 9   have, we've put together, and we just sort of 
10   wanted to give you an idea of what we have been 
11   doing.
12                MR. HENSON:  I think she's got some 
13   more information she wants to add.
14                UNIDENTIFIED SPEAKER:  For Medicare, 
15   it doesn't say prescriptions for everybody.  You 
16   have to go be on a certain plan.
17                MR. HENSON:  That's what I was 
18   suggesting.
19                UNIDENTIFIED SPEAKER:  That might be 
20   why they go to the Indian Hospital, because they 
21   don't have to pay for it.  But it's extra money if 
22   they're on the Medicare plan.
23                MR. BURGESS:  What about Sooner Care 
24   for our children?  Does anybody in here have a 
25   child on -- 
0084
 1                MR. NELSON:  We have to do that on an 
 2   individual basis.  Grandfathers, grandmothers 
 3   caring for those children have to make sure that 
 4   they are that legal guardian.  It's a case-by-case 
 5   study for Sooner Care, working with the state and 
 6   the federal entity.  You run into problems with 
 7   Sooner Care.  Now, if we had a clinic, sir, and we 
 8   had that agreement, that MOU, yes.  But as a 
 9   singular entity, no.  
10                Medicare, what she's proposing, I've 
11   got to tell everybody, I admire you.  I admire 
12   you.  This is creating a job.  That's great.  The 
13   thing is, we better get a feasibility on RPMS.  
14   Reason being, there is a lease agreement.  I need 
15   to know what that lease amount would be.
16                MR. BURGESS:  From the Bureau?  
17                MR. NELSON:  Yes, from IHS itself, 
18   IHS.
19                MS. HALL:  We have to get some 
20   paperwork from IHS, but we haven't had the chance 
21   to go up to Oklahoma City because of the weather.
22                MR. BURGESS:  You know, speaking to 
23   the health care people, I believe it's the -- is 
24   it the Kickapoo that have their own clinic like 
25   Sac and Fox?  
0085
 1                MR. NELSON:  Yes, they do, right 
 2   there in McCloud.
 3                MS. HALL:  I think they do.
 4                MR. BURGESS:  They were assisted by 
 5   United Health Care to establish a clinic and 
 6   turned around and start charging because they have 
 7   a clinic.  
 8                MS. HALL:  But they have dual 
 9   citizenship.  They have a clinic way down in Eagle 
10   Pass, because they tried to ship me down there one 
11   time.  I wouldn't go.
12                MR. BURGESS:  What I'm coming to, is 
13   because we're creating a department and we are 
14   already using approximately one something million 
15   dollars of our own money for our health care, 
16   that's why we want to consolidate everything into 
17   a health department.  And eventually the tribe, we 
18   can have our own emergency health care, and I 
19   think Cache and Indiahoma would be the area for 
20   it, because there's no hospital out there.  So we 
21   could have that long-range plan, and that would 
22   help us if we start training for third-party 
23   reimbursement.  
24                It would be minuscule compared to 
25   what's possible.  But I think our long-range plan 
0086
 1   for the tribe is to build an emergency clinic.
 2                MS. HALL:  But once she starts it, 
 3   she's going to have to have help.  It's going to 
 4   be a big thing and there's a lot of money there 
 5   that we aren't getting the Comanche Tribe.
 6                MR. HENSON:  This not only covers 
 7   prescription, but this covers maybe the CHRs.
 8                MS. HALL:  Yes.  We've got the 
 9   Medicare book and it tells what it covers, you 
10   know.  
11                MR. HENSON:  Diabetes program.  
12   There's a lot of programs we get third party from.
13                MS. HALL:  And we're not even getting 
14   what we should get from that.  
15                MR. ASEPERMY:  Mr. Chairman, I 
16   recommend that we task the tribal administrator to 
17   get with Linda, come up with an appropriate 
18   contract for presentation to the CBC 30 days from 
19   now.  Let's see, we're going to meet again on -- 
20   we're going to meet on the 6th.  That'd be three 
21   weeks from now.  Willie, is it possible for you to 
22   get with Linda, come up with a -- put all this 
23   together?  
24                MR. NELSON:  Do you want this wording 
25   as a contractor?  
0087
 1                MR. BURGESS:  Yes.
 2                MR. ASEPERMY:  Yes, initially based 
 3   on her letter, contract through -- 
 4                MR. BURGESS:  Prescription assistance 
 5   program.
 6                MR. ASEPERMY:  June the 1st, 2010.
 7                MR. HENSON:  Before we go any further 
 8   on this, this program needs to include all of our 
 9   health care programs, every one of them, because 
10   there could be charges back from our other 
11   programs, and they all need to go through the same 
12   place, third-party billing.
13                MR. NELSON:  I thought that was what 
14   Dr. Chappabitty was for.  What Mike was saying, 
15   Mr. Vice-Chairman, 1.4 million, Mike, 1.4 million.  
16   What Mike talked about, that's what we allocate 
17   right now.  Now, if you were to throw the nurse 
18   program in the there, that'd be 1.7 million.  
19   That's a lot of money, gentlemen.  And what Mike 
20   is proposing is really the angle we should go, 
21   Mike.  That clinic, that MOU to a clinic.  What we 
22   have now is piecemeal, guys.  If you guys want me 
23   to go after third-party billing as piecemeal, that 
24   doesn't make any sense.
25                MR. HENSON:  Well, it's not going to 
0088
 1   be piecemeal, Willie.  The only thing it takes is 
 2   that everything that's done in those programs is 
 3   to run it by our third-party billing.
 4                MS. HALL:  Yes.
 5                MR. HENSON:  That's all you have to 
 6   do, is run everything through our third-party 
 7   billing, and she can find out by third-party 
 8   billing whether or not we can get money from them, 
 9   for those people.  The only thing I'm worried 
10   about with that third-party billing is to make 
11   sure, even go out, make sure all our people are 
12   enrolled in some program, Medicaid, Medicare.
13                MR. NELSON:  Jim, I'm going to need 
14   your help on this.
15                MR. BURSON:  Okay.
16                MR. BURGESS:  What I'm hearing, then, 
17   Mr. Nelson, is that we want you to sit with her 
18   and develop a proposal contract up to June 1.  And 
19   in that contract time period, we need to have two 
20   feasibilities.  We already know what we're 
21   spending on health care from the tribe.  And the 
22   one thing we don't need to do, we don't need to 
23   contract any more monies from IHS.  Take the 
24   programs out of the hospital.  That costs too much 
25   in both liabilities, doctors' cost, nurses' cost.  
0089
 1                So if we look at how our programs can 
 2   be combined.  And being in a remote area, there's 
 3   USDA, there's HRSA.  Those two agencies are all 
 4   under IHS.  Between those three programs, there's 
 5   funding available for facilities, equipment, 
 6   materials.  We would have to have a feasibility 
 7   study that would be -- in the next two years, if 
 8   we opened our clinic with our staffing, what's it 
 9   going to cost us.  So a long range plan on that, 
10   because our largest number of people are between 
11   Indiahoma and Apache.  So if we had something 
12   towards Cache and Indiahoma, that would also serve 
13   non-Indians who had medical coverage.
14                MR. HENSON:  The only other thing I'd 
15   add to that, Willie, is that we should know 
16   already -- do a small study of those people that 
17   are involved in our health care -- we should know 
18   already those that can be third-party billed.  
19                MR. NELSON:  Where is 
20   Dr. Chappabitty?  
21                MR. HENSON:  And those that we can 
22   third-party bill.
23                MR. BURGESS:  Dr. Chappabitty 
24   wouldn't be on this side of it.  He's not the 
25   administrator.
0090
 1                MR. HENSON:  You can pull all that.
 2                MS. HALL:  We can pull all that up.
 3                MR. BURGESS:  That will be in the 
 4   records already.  We'd have to get her and start 
 5   going through records so we'd have a rough idea.  
 6   A sample, every third file, every fifth file, find 
 7   out what's in there as Medicaid coverage.
 8                MR. HENSON:  It wouldn't go.  She 
 9   needs to find all of them, because there's going 
10   to be some in there that's going to be eligible 
11   and are not getting it, and those are the ones 
12   you're going to have to approve.  But we should 
13   already have in our records who has insurance and 
14   who doesn't, so we need to know our people that's 
15   doing it now.
16                MS. HALL:  I've been to the 
17   prescription assistance program and I've never 
18   been asked whether I had Medicare, and I have it, 
19   you know.  And the only people that ask me is the 
20   Indian Hospital.
21                MR. HENSON:  Is it Medicare that pays 
22   prescription or is it Medicaid?  
23                MS. HALL:  I have both of them, A and 
24   B.
25                MR. HENSON:  Well, there's only one 
0091
 1   of them that pays prescriptions.
 2                MRS. HENSON:  Medicare, they have 
 3   different plans.  You can have one -- I have 
 4   Medicare, I don't have prescription coverage.  But 
 5   you can get prescription coverage under the 
 6   Medicare.  It's B that has the prescription.
 7                MR. HENSON:  That's what I was 
 8   saying.  It's a different plan.  And you have to 
 9   pay for that, too, right?  You have to pay for 
10   that extra.  That's why I was asking you to get 
11   the information in from our health care programs.
12                MRS. HENSON:  Then if somebody has 
13   another policy that covers the 20 percent, that 
14   may pay Medicare.
15                MR. BURGESS:  Like AARP?
16                MRS. HENSON:  Yes, like AARP or like 
17   BlueCross/BlueShield.
18                MR. BURGESS:  Private insurance.
19                MR. HENSON:  I've got some kind of 
20   Medicare, what is it?  
21                MRS. HENSON:  You've just got Part A.
22                MR. HENSON:  She's my specialist.
23                MRS. GALLEGOS:  Some of B's cost can 
24   be paid by social services if you meet their 
25   social service's eligibility requirements.
0092
 1                MR. BURGESS:  Does that allow us to 
 2   get that cost back?  
 3                MRS. GALLEGOS:  Well, yeah, you can 
 4   still bill for those.
 5                MR. HENSON:  You can bill third 
 6   party.
 7                MR. BURGESS:  Through social services 
 8   and we can bill the insurance carrier or Medicaid 
 9   or Medicare, if they have it, or Sooner Care?  
10                MRS. GALLEGOS:  Right.  What I'm 
11   saying is that there's a lot of individuals that 
12   probably would be eligible to get their 
13   prescription -- mostly the elders could get their 
14   prescription B part paid for by social services.  
15   I know, because I set it up for my mom.  And you 
16   can still do your third-party billing.  
17                MR. BURGESS:  Okay.  So what we're 
18   actually doing is we want to do a feasibility 
19   study here, is what it is.  So we need to sit down 
20   and --
21                MS. HALL:  Because there is a lot of 
22   money that we're not getting by not having this 
23   program.
24                MR. BURGESS:  -- work out Willie and 
25   Mr. Burson, we want a contract, up to this time 
0093
 1   frame, June 1.
 2                MR. NELSON:  Jim, there's also a 
 3   liability factor here that we really need to look 
 4   into, you know.
 5                MR. ASEPERMY:  Can you set a time and 
 6   a date to meet with Linda and also with 
 7   Mr. Burson?  
 8                MR. BURGESS:  Willie, all we want to 
 9   do is feasibility.
10                MR. NELSON:  Yeah, okay.
11                MR. BURGESS:  And then we can 
12   contract her to sit there and go through those 
13   files, whether it's every other file, every third 
14   file.  And that gives us a study.  She'll have to 
15   categorize that by age range, medical coverage, 
16   non-medical coverage.  We need to have something 
17   probably in our hand by the end of May.  I'd say 
18   by May 20th, May 15th, so on June 1st, we can 
19   determine how much further we want to go with this 
20   third-party reimbursement.  But we've got to have 
21   information.  
22                So the contract should be just do a 
23   feasibility study so she can go in and look at the 
24   files and determine who's eligible to receive 
25   Medicare, Medicaid if they're not enrolled, and 
0094
 1   tell us how many we need to enroll, how many then 
 2   go to social services.  Take a sampling.  Again, 
 3   you're not doing a full wide, just every third 
 4   file, every fourth file of our children or elders 
 5   to see what we can recoup.  
 6                That's what we need to do before we 
 7   even think about going into the third-party 
 8   billing so we have an idea of what we're going to 
 9   recoup, and what it's going to cost, because with 
10   her man hours, we'll need to know that.  And then 
11   that paperwork that comes with that will help, but 
12   we need to do a feasibility study before we get 
13   into any kind of long-term contracting here.  So I 
14   think that's what we should be doing, okay?
15                MR. HENSON:  Mike, I think it's going 
16   to take more than --
17                MR. NELSON:  I am a meat and potatoes 
18   man.  You guys get a prescription from a doctor, 
19   how many have been able to read that doctor's 
20   handwriting?  Bottom line is, we're going to be 
21   doing third-party billing.  The way we work now is 
22   a cash outlet, all right?  I believe in third-
23   party billing because we've got 252 employees on 
24   BlueCross/BlueShield.  It would be beneficial to 
25   the tribe.  My problem with the liability is if we 
0095
 1   get an actual prescription and we can not read 
 2   this and she's doing the coding.
 3                MR. BURGESS:  Willie, let's -- we 
 4   want to do a feasibility study on possible numbers 
 5   we're missing.  It's all we need done.
 6                MR. NELSON:  Okay.  Time frame.
 7                MR. BURGESS:  She wants to come back 
 8   to us by June 1.  I think if she can take one 
 9   month in prescription assistance, a month-
10   and-a-half of social services, just looking at 
11   active files.  You should look at the age ranges 
12   of youth, 0 to 12 years old, then at the elders 
13   from 50 to 75, social services.  Those are your 
14   age ranges where you always need health coverage 
15   or health care, that's what I'm thinking.  I could 
16   be wrong, but -- 
17                MS. HALL:  You're right.
18                MR. BURGESS:  But that's what we need 
19   to look at, the range, and find out what we're 
20   losing, what the potential capture is, and then we 
21   can determine what our cost will be before we sign 
22   a long-term contract.  That's all we need is a 
23   feasibility study.
24                MR. HENSON:  Is she going to be 
25   involved in that?
0096
 1                MR. BURGESS:  We can contract her to 
 2   start that, and in 30 days you can tell us if you 
 3   need more help or not.  We'll get a clerk to help 
 4   you or someone.  
 5                MR. NELSON:  Mrs. Atchavit, have you 
 6   ever done a feasibility study, ma'am?  
 7                MS. ATCHAVIT:  No.
 8                MR. HENSON:  You know what he's 
 9   talking about, though?
10                MS. ATCHAVIT:  Yeah.
11                MR. BURGESS:  Let's get that started 
12   by March 1st.  Willie, by March 1st, let's bring 
13   her on board.  Y'all can work that out by then.
14                All right.  Thomas.  
15                MR. TAHKOFPER:  One thing on the 
16   water, we may need, I guess, Comanche water laws 
17   to protect our water, or maybe KCA water laws.  
18   That way we can endorse this thing.
19                MR. BURGESS:  Ed or Darrell, do y'all 
20   remember if the KCA had any kind of water 
21   ordinance or had ever proposed anything in the 
22   past three or four years?  
23                MR. MAHSEET:  Not within the last 
24   three or four years.  They have something.  It's 
25   kind of old.
0097
 1                MR. BURGESS:  Yeah, they have some 
 2   kind of water code.
 3                MR. MAHSEET:  It's old.
 4                MR. BURGESS:  Okay.
 5                MR. MAHSEET:  They'd probably have to 
 6   renew it if they were going to do anything.  
 7   They'd probably have to renew it, their water 
 8   codes.
 9                MR. BURGESS:  We would have to have 
10   that filed in federal court somewhere, those 
11   federal codes.
12                MR. MAHSEET:  I believe Dana did 
13   something.
14                MR. BURGESS:  Okay.
15                MR. MAHSEET:  I'm not for sure, 
16   because we looked into our water, I was going to 
17   say, under the environmental ordinances.  We have 
18   something that addresses standards equal to the 
19   state, so you probably should look at that, too, 
20   for water testing, so there is some resolution 
21   that addresses some standards.
22                MR. TIPPECONNIE:  That's quality.  
23   Quality of water, not the quantity.
24                UNIDENTIFIED SPEAKER:  KCA, we got 
25   land up under Lake Lawtonka, too.  I never heard 
0098
 1   anybody do anything about that.
 2                MR. KOSECHEQUETAH:  There's an 
 3   agreement with the city, a contract.  It just came 
 4   up not too long ago.
 5                MR. MAHSEET:  They had something.  I 
 6   was going to tell Mike that she done something on 
 7   that water study.  I wasn't for sure, but there 
 8   was something that was done.  We're well aware of 
 9   Lake Lawtonka and the city.
10                MR. KOSECHEQUETAH:  How many acres, 
11   just a couple of acres under -- 
12                MR. BURGESS:  I've always heard 10.
13                MR. KOSECHEQUETAH:  Yeah, it's like 
14   $5000 a year.  
15                MR. ARTERBERRY:  There's 240 acres 
16   right at the head of the Medicine Creek.
17                MR. BURGESS:  When you say Medicine 
18   Creek, what are you talking about?  
19                MR. ARTERBERRY:  Right at the head 
20   waters of Lawtonka.  There's some in the middle of 
21   the lake and there's 240 just right there.
22                MR. BURGESS:  On the north side of 
23   Lake Lawtonka?  
24                MR. ARTERBERRY:  No, it's on the 
25   south actually, below the refuge.
0099
 1                MR. BURGESS:  Okay.  Well, thank you 
 2   Thomas.  Now, let's come to your subject.
 3                MR. TOM NARCOMEY:  Okay.  Planning 
 4   Department.  Some people call it Tribal 
 5   Development Department.  This is really important, 
 6   because it has the potential to bring in more 
 7   revenue than gaming out of it.  I think we can 
 8   bring in 20, 25 million and more, you know, per 
 9   year on that department, so we need to be ready 
10   when we get off that black list.  We're still at 
11   risk on that 638 funds.  
12                I don't know how many years we've 
13   been black listed, or how many millions of 
14   dollars, or how many audits we were behind and 
15   trying to catch up.  But, anyway, we were in a big 
16   mess.  Kiowas got off that 638 list.  They had to 
17   get the Choctaws to do their accounting, and we 
18   had to get Finley & Cook to do our accounting.  
19   But one of these days, supposedly, we're going to 
20   get off of it.  I don't know how many exceptions 
21   to the audits that we need to clear up.  
22                Then also we don't have an accounting 
23   department.  Maybe we should put some kind of a 
24   budget in for an accounting department.  At least 
25   do a third of it or half or something.  At least 
0100
 1   get a computer or an auditor or somebody, a CPA, 
 2   to get it started.  
 3                But, anyway, for example, I was 
 4   talking to Willie Nelson.  He said I would try -- 
 5   I think you said they get 20 million a year, and 
 6   there are about 1000 or 2000 people.  I think 
 7   that's what he said.  I'm not sure.  We haven't 
 8   had a planning department for 25 years, since 
 9   Merit Youngman and Dennis, if anybody can 
10   remember.  But we need at least three planners or 
11   proposal writers, and at least no more than two 
12   word processors or more, because there's a lot of 
13   work.  
14                Budget 300,000 or whatever.  We'll 
15   say 300,000, and you bring in 20 million, you 
16   know, I'd like to see economic development do 
17   that.  I mean, it's a big joke.  
18                Well, anyway, you know, what if they 
19   were funded a million a year for five years and 
20   they weren't at risk?  We would be bringing in a 
21   lot of money each year.  
22                Another example, how much money have 
23   we lost on the CDBG grants?  We need to close them 
24   out as soon as possible, and we haven't had nobody 
25   competent or intelligent enough to close them out 
0101
 1   in the complex.  So unless -- the last six, 12, 
 2   years and we've done six of them, say 2 million a 
 3   year, so we lost 12 million in six years, 
 4   whatever.  We lost a lot of money on CDBG because 
 5   we can't close them out or apply for anything.  We 
 6   had no planning department.  
 7                Example is that we had -- there's 
 8   $1.2 million available for an elderly housing, HUD 
 9   Section 202.  They're offered every year, and we 
10   hope they don't discontinue them.  You know, it's 
11   been there since '87.  I have a copy of 
12   consultants -- I don't know.  There's about eight 
13   of them.  I think the last one was due November 
14   the 13th, 2009.  I think it's probably another 
15   deadline is probably in May.  But I think it's 
16   about 15 units.  
17                But, I mean, we could have done it 25 
18   years ago.  Even if you don't get it, you can 
19   still apply again.  You don't have to invent the 
20   wheel again, you just have to make some changes.  
21   I'd say in the second year you'll get it, if not 
22   the first.
23                And then I was talking to the TA 
24   about an ANA grant on a committee development 
25   grant.  What Linda was talking about, hospice and 
0102
 1   a home care, I think Gene Pekah said it would 
 2   bring in a million or more.  I think that proposal 
 3   would probably be due in May.  I think the 
 4   Cherokee's already have developed that for about 
 5   22 years.  We could go along with that and that 
 6   way we'd have our own hospice and provide 
 7   services, and we could use that to do work that 
 8   Linda's doing and Willie to help in that 
 9   proposal.  
10                And then there's ANA grant money 
11   available for the -- one example, like that 
12   construction company.  I mean, we don't have to 
13   fund them out of gaming money to give them money.  
14   They could go after their own money and develop a 
15   construction company.  They'd already be certified 
16   for Section 8(a) minority contractor.  They should 
17   be able to get that type of proposal funded.  
18   Well, like I said, we need planners and we need 
19   somebody that will work.  
20                And then we could also do a tribal 
21   court proposal to develop a tribal court 
22   amendment, constitutional amendment in the court.  
23   Now, here's one in Pawnee, tribal court.  
24                Then we -- and then our budget, 2008 
25   was 40 million.  2009 is 30 million.  2010, I 
0103
 1   don't know, 45 million?  We're losing our gaming 
 2   revenue.  So money is going to be pretty tight.  
 3   This is one of the answers to bring in more 
 4   revenue.  You know, it's not like it used to be.  
 5   We have so many boards and they have so many 
 6   meetings and a lot of traveling and per diem.  How 
 7   much money have we spent on those boards?  Well, 
 8   they ain't going to get it this year or this 
 9   coming year.  
10                Well, anyway, we did have a planning 
11   department last year or a year -- I think last 
12   year.  They planned a budget for, I don't know 
13   what it was, 50,000 or 100,000, but they hired a 
14   grant compliance officer and that could have been 
15   -- that could have come out of 638.  You could 
16   have revised that budget and paid that nursing 
17   salary, and they wanted to hire that person.  
18                But, anyway, there's a lot of money 
19   in the federal register, if you go through it.  
20   Like IHS money or whatever department that's out 
21   of, they got -- you know, whether they're trying 
22   to get an MRI or dialysis center.  I don't know if 
23   there's a lot of money in the Department of 
24   Education, Labor.  Well, that's where our child 
25   support money came from that Gene Pekah got, EDA, 
0104
 1   dig a well, water parks or site development, 
 2   Economic Development Administration, Department of 
 3   Agricultural.  You could expand our food 
 4   distribution and be like the Cherokees.  They got 
 5   a -- all that stuff.  
 6                Anyway, and then land purchase, yeah, 
 7   we need to -- I don't know, 2 million or more for 
 8   a site specifically for a cultural center or air 
 9   market.  I mean, we spent I don't know how much 
10   money, 3 million on land for a golf course and 
11   there's no water.  So here, well, there was a 
12   grant approved and here's a business plan for a 
13   cultural center.  It was approved by ANA.  I think 
14   it was for $350,000.
15                MR. BURGESS:  Are you going to let us 
16   borrow all those?  
17                MR. TOM NARCOMEY:  Yeah, that was 
18   Gene Pekah's cultural.
19                MR. BURGESS:  I remember, I wasn't 
20   working here then, I was at home.  But I remember, 
21   and my friend passed now, Mr. Lindell, being here 
22   and starting that up.  We're talking about the 
23   early '80s.  I think Karl was helping the tribe 
24   with the oil venture at that time.  And a lot of 
25   things were new and exciting.  Now we've come to a 
0105
 1   point of maturity with all of these federal 
 2   programs.  The tribe has some mature projects that 
 3   we still want to continue with.  
 4                And you're very correct, and we're 
 5   going along the lines that you're recommending.  
 6   We're in the reorganizational plan here that we 
 7   haven't totally adopted because we modified it 
 8   some, we've created the compliance and development 
 9   department, and I'm glad you emphasized exactly 
10   what I've been saying.  The CBC have come to 
11   recognize that we have to have this department.  
12   That tells us where we've been, what we have, how 
13   can we have it, where to take it into the future, 
14   and how to create it to our community.  At the 
15   same time, the tribe is coming out of the throes 
16   of lack of compliance because we didn't have 
17   internal monitoring of our reports.  Our audits 
18   weren't being completed on time, all of that 
19   litany of woes that we've gone through in the last 
20   for or five years.  
21                So we've instituted this 
22   reorganization structure.  Within that structure 
23   it tries to align similar programs, bring them 
24   together.  And this year, if anybody's going to 
25   propose something on the floor for a new program 
0106
 1   and a new venture, we're going to study it, see 
 2   how feasible it is to do it, and put it in a 
 3   program that's doing something very similar.  
 4   You're going to see a title this year that's going 
 5   to be new to you all, but it's been there all the 
 6   time:  Family Services.  We've combined Indian 
 7   Child Welfare and the other programs into Family 
 8   Services.  It will have a vice-director over it, 
 9   and all those programs that serve those family 
10   needs, from the eldest to the youngest, will be in 
11   that department, as best we can.  
12                And within that structure, again, is 
13   a planning area.  But because you can plan -- but 
14   you've got to remember whatever you institute, you 
15   should observe and reflect.  By that, you should 
16   make sure it's in compliance with your internal 
17   procedures of purchasing, personnel, financial 
18   documentation, application process, following -- 
19   that's compliance.  So that's why we've titled it 
20   Compliance and Development, because that's where 
21   proposals will be developed.  
22                Within that structure will be data.  
23   We need to have data on our tribe and our people, 
24   just as integrated resources management is data.  
25   We're telling Ms. Atchavit to come help us do this 
0107
 1   feasibility study on we what we can recoup from 
 2   Medicare and Medicaid.  That's all part of 
 3   compliance and knowing where we've been, what we 
 4   have, and where it's going to take us.  So we're 
 5   doing exactly what you're asking, Bud.  However, 
 6   some of these older programs, they can be renewed 
 7   and looked at again.  And we concur with you that 
 8   we need to do economic development.  
 9                My goal, and the CBC's in 
10   concurrence, that between now and in 2012, we 
11   should be looking at $20 million federal grant 
12   contract income.
13                MR. TOM NARCOMEY:  Probably look at 
14   economic development.  I think economic 
15   development developed nine businesses, and all 
16   together they're in the hole.  I think to prevent 
17   further loss, we need to shut down some of the 
18   businesses.  We need to shut them down and look at 
19   them.  A business takes two or three years -- 
20                MR. BURGESS:  There's going to be 
21   some discussion.
22                MR. TOM NARCOMEY:  They keep falling 
23   in the hole more and more.  Who's going to pay for 
24   all that?  
25                MR. BURGESS:  That's the hard thing 
0108
 1   we have to do.  So that's what we're going to be 
 2   doing.  But in all of this area, Thomas, we are 
 3   being proactive at that.  
 4                We've announced for a budget analyst, 
 5   we've announced for a development officer who is 
 6   going to coordinate grant writing.  Currently 
 7   we're using consulting grant writers, Comanche 
 8   Nation members.  Phyllis Attocknie is serving as 
 9   our grant facilitator right now to coordinate that 
10   and put out requests for proposals.  
11                When consultants come in and we ask 
12   them if they're willing to work on this and then 
13   we approve the contracts, we put them to work with 
14   a grant through the tribe and that cuts down 
15   overhead for us.  Some of them are happy to do 
16   that.  That's their life's enjoyment to write this 
17   proposal and go onto the next project.  So we're 
18   trying to take advantage of that great expertise 
19   out there.  
20                Everything you've said to us, we've 
21   been approaching it.  And you're a tribal member 
22   and you have a right to tell us, so we're going to 
23   be listening to you and try to institute these 
24   things.  
25                MR. TOM NARCOMEY:  I think about that 
0109
 1   202, elderly housing, capital improvement, 
 2   whatever that money is, we could use that money.
 3                MR. BURGESS:  We're also trying to 
 4   talk to housing, because Mr. Yellow Wolf wants to 
 5   come to the tribe and work with us to do an ICDBG 
 6   grant, Inter Community Development Block Grant, 
 7   and then we can do the CDBG grants, too, as a 
 8   tribe.  We're trying to network our efforts, bring 
 9   something to the people, and it's going to be long 
10   lasting.
11                With that, I don't know if you have 
12   anything else you want to add, but we're moving 
13   into the next items, we're going into executive 
14   session here.
15                MR. TOM NARCOMEY:  Cultural center, 
16   how to make money off of Indians.  They've got a 
17   50 or $100 million facility over there in Oklahoma 
18   City.  I think something like that, present it 
19   with a site, would pretty much develop itself.
20                MR. NELSON:  Gentlemen, what Gabby 
21   was talking about -- honestly, Gabby and I, we 
22   went over this Cherokee Health Care Program.  And 
23   just like with Ms. Atchavit here, Gabby is very 
24   helpful, because in the past, Gabby did a lot of 
25   programmatic writing for the tribe.  I have to 
0110
 1   present to you guys an iron-clad home health care 
 2   vision.  I just can't come in here and say, boy, 
 3   this is really going to work.  You know, we got 
 4   the caregivers program, we've got the diabetes 
 5   program.  And just like the third-party billing, 
 6   we want to try to do things that will be self-
 7   sustaining so it don't get on the floor and people 
 8   will vote it down or vote it forward. 
 9                I would hope that you guys have heard 
10   Gabby, that you guys would look at Gabby to help 
11   me, maybe in a contractual basis, because Gabby 
12   does have very good programmatic writing skills.  
13   He's bringing all these issues.  We've got to 
14   tackle them one at a time.  Now we're coming with 
15   a planning office, we're coming with the actual 
16   budget compliance office.  But I would hope that 
17   what Gabby has presented to you guys, just like  
18   Ms. Atchavit could use his help.
19                MR. ASEPERMY:  Well, we have a 
20   constitutional issue, possibly with his brother 
21   being on the committee.
22                MR. NELSON:  But on a contractual 
23   basis.  
24                MR. BURGESS:  History is taking us 
25   around and around with that.
0111
 1                MR. ASEPERMY:  Mr. Chairman, I would 
 2   like to know where we stand currently on those 
 3   positions that we've been talking about for a long 
 4   time.
 5                MR. BURGESS:  I think they're 
 6   scheduling interviews for next week on two, maybe 
 7   three of them.
 8                MR. HENSON:  Well, we're going to try 
 9   to schedule them by next week.  We're going to try 
10   to get together as soon as possible, which would 
11   be probably Monday.  We was going to do it this 
12   morning, but it was too early.
13                MR. ASEPERMY:  I would hope we would 
14   have a start day by 1 March.
15                MR. HENSON:  We're only waiting on 
16   David's.  Me and Clyde and Bob's already met and 
17   qualified the people.  We're just waiting on 
18   David.  
19                MR. BURGESS:  We have an item on the 
20   agenda here, because we didn't have it before us, 
21   we didn't bring them up.  That item will be Number 
22   8 in new business.  As many of you are aware, we 
23   have an elders center.  Gabby was talking a very 
24   good point, the elders center is approximately 30 
25   years old.  How old is that building?
0112
 1                MS. HALL:  It's about 30 years old.
 2                MR. BURGESS:  It's about 30 years 
 3   old.  So it's paying its lifetime use, maximum.  
 4   We've got some major renovations.  The elders 
 5   center, when it was developed, I'm not sure what 
 6   grant wrote it -- they wrote it under, I don't 
 7   know.  Rodney, were you -- 
 8                UNIDENTIFIED SPEAKER:  He's not in 
 9   here.
10                MR. BURGESS:  When they developed 
11   that building it was under a community like CDBG 
12   grant.  Is that right, Delphine?  That grant was 
13   written, and it's like our community centers.  
14   There's an advisory board that goes along with it 
15   because it's a community program.  Back in the day 
16   they wanted the community to have input and be 
17   overall that so the tribal governments couldn't 
18   take that building and sell it.  A lot of tribes 
19   turned around and did something different with 
20   it.  So these community boards are there as 
21   advisory capacity to help the programs conduct 
22   things, and they have input from the community 
23   members into operations of that facility.  
24                Well, we have an elders council, but 
25   we have no advisory board.  We put the word out in 
0113
 1   November and advertised, I think we did, in 
 2   December, to take nominations for elder advisory 
 3   committee members.  So we have a folder here of 
 4   five -- I think it was five people, that we are 
 5   looking at to nominate and name them to this 
 6   board.  We need to have that board in place, 
 7   because if we want to do anymore development for 
 8   programs there, we have to show that the board is 
 9   viable.  Best word to say.  
10                So we have Linda Mowry, we have 
11   Barbara Sapcut Asepermy, Marie Chibitty, and then 
12   we have Ms. Carol Hall.  They've submitted resumes 
13   and letters of intent to serve on this advisory 
14   committee to our elders center.  So I'll pass it 
15   this way.  I wanted you guys to look at this to 
16   see if there was any concern.  We have one person 
17   here.  Carol Hall is here in attendance.  Goes 
18   there every now and then.  So we'll need to do 
19   this by motion or resolution, Mr. Tippeconnie?  
20                MR. TIPPECONNIE:  Motion.
21                MR. BURGESS:  Motion is to name these 
22   -- is it five?  Five people?  
23                MR. NARCOMEY:  All five?  
24                MR. HENSON:  Can we use all five?
25                MR. BURGESS:  The body is wanting 
0114
 1   five.  They always list five members in their 
 2   paperwork, too, so we'd have to go back through a 
 3   motion to reduce the board members.
 4                MR. NELSON:  The motion was enacted 
 5   in 1989.  TERO, was it 1998, the last report they 
 6   had there?
 7                MS. HALL:  Yeah, and it lasted -- 
 8   lasted about a week.  
 9                MR. NELSON:  I'm talking about when 
10   RedElk and all them were on there.
11                MS. HALL:  That's what I'm telling 
12   you, it lasted a week.
13                MR. BURGESS:  Delphine, the funding 
14   to build the facility was with HUD money, was it 
15   not?  
16                MS. NELSON:  Yes.
17                MR. BURGESS:  The funding to do the 
18   fee and all comes from the ANA.  That had nothing 
19   to do with the advisory body that HUD said we had 
20   to have to continue to build.
21                MR. MAHSEET:  What are they going to 
22   advise to?  
23                MR. BURGESS:  They're going to do 
24   activities and programs and go out to the 
25   community and do outreach.
0115
 1                MR. MAHSEET:  They're already doing 
 2   that.  
 3                MR. BURGESS:  From public comment, 
 4   that's not happening.
 5                MR. MAHSEET:  We just heard Thomas 
 6   complain about having boards.  Why do you want to 
 7   create another one?
 8                MR. HENSON:  This is another one.
 9                MR. MAHSEET:  It's still a board.
10                MR. BURGESS:  He's brought up 
11   something that's newly developed.  This is 
12   something that the elders that go there are the 
13   ones that are expressing themselves to us.
14                MR. MAHSEET:  Can we see 
15   documentation?  We've been talking about 
16   documentation all the time.  Can we tell them to 
17   get that?
18                MR. BURGESS:  We can tell them to put 
19   it in writing.
20                MR. MAHSEET:  Well, have them to do 
21   that instead of something like this, putting 
22   another board in there.  We talk about feasibility 
23   studies.  Let's see what it would actually do to 
24   them.  
25                MR. ASEPERMY:  Does the Elder Center 
0116
 1   Policy and Procedures --  
 2                MS. AITSON:  They're very aggressive 
 3   at voicing their opinion as to what's going on and 
 4   what they're going to do, because the lady that's 
 5   running the elders center now is just not 
 6   agreeable with any one person.  You know, it's 
 7   like she owns her little domain and that's all 
 8   that's going to be.  I mean, you're going to 
 9   listen.  So you need to think of people that are 
10   going to be encouraged enough to work with that.  
11                MR. NELSON:  Being a Title 6 program, 
12   everybody will assume that it has to be an 
13   all-Comanche advisory board.  That Title 6 is 
14   monies we get for any Native American to come and 
15   enjoy themselves, so we can't look at it as the 
16   Comanche entity, unless we just do away with the 
17   federal money.
18                MR. BURGESS:  Yes.  
19                MS. SIMMONS:  I don't know exactly 
20   what they would do, but the elders council, at one 
21   time, they were going to go in there and try to, 
22   you know, help.  We had plans to do different 
23   things every day, you know, because there's a lot 
24   of people that come over there and they eat.  And 
25   I'm hearing, I haven't seen it, that she makes 
0117
 1   them leave at 2 o'clock.  And there's some people 
 2   that don't have their ride yet, or they just want 
 3   to sit around and visit.  You know, there's 
 4   nothing wrong with that.  And like the board that 
 5   you're talking about could be doing these things.  
 6   And like having bingo in the afternoon.  Like you 
 7   said, take them somewhere, shopping or something.  
 8   You know, there's a lot of things they could do.  
 9   Now, I don't know whether they fit a job 
10   description or a whatever.  
11                UNIDENTIFIED SPEAKER:  I know a long 
12   time ago they used to stay there and play dominos 
13   and cards all afternoon.
14                MR. ASEPERMY:  It sounds like you 
15   need a rec person instead of a committee.
16                MS. HALL:  I'm there at least two or 
17   three times a week, and at 1:00 they come around 
18   and clear the table off while we're still sitting 
19   in there visiting.
20                MS. AITSON:  We're still eating.
21                MS. HALL:  They close it at 1 o'clock 
22   and that's not good; well, for the ones that are 
23   there that wants to stay there and visit, you 
24   know.  Because that's probably the only livelihood 
25   they have.  
0118
 1                MS. SIMMONS:  I think it's well 
 2   needed.
 3                MS. HALL:  We do need to get together 
 4   and plan something for the elders instead of -- 
 5   you know, I've went on trips with them, and it's 
 6   the same trip and the same thing, and we have to 
 7   raise money all year round to go on these trips.  
 8   And when we get ready to go, all we get is $50 for 
 9   a four-day trip to Albuquerque.  And, you know, 
10   some of them back out at the last minute because 
11   they don't have the money.
12                MR. HENSON:  Marion, are you on the 
13   elders council?  
14                MS. SIMMONS:  No, I'm not, not 
15   anymore.  We have a new group now.
16                MR. MAHSEET:  Why can't we do a study 
17   and see what's going on?  
18                MR. HENSON:  I was thinking before we 
19   appoint anybody, we need to look further into 
20   this.  Maybe the elderly council could be someone 
21   that would work on --
22                MR. NELSON:  We already tried that.
23                MS. HALL:  We already tried to get in 
24   there and they wouldn't let us in.
25                MR. BURGESS:  Explain yourself, 
0119
 1   Willie.  Mr. Mahseet explained the idea that we 
 2   could have a meeting and the CBC go sit and 
 3   listen.
 4                MR. NELSON:  I'd rather not say it 
 5   out in the open.
 6                MR. BURGESS:  Okay.
 7                MR. ASEPERMY:  Mr. Chairman, does the 
 8   elder center have a policy, a procedure, a 
 9   regulation or a rule saying that an elder center 
10   committee will be established?  Every board, 
11   committee, and council we have is dictated by 
12   ordinance, by -- 
13                MR. BURGESS:  It would be dictated by 
14   the CFR that created the funding, and then the 
15   funding that the CFR tells us --
16                MR. ASEPERMY:  It's not part of their 
17   policy or procedure or rules or regulations then?  
18                MR. BURGESS:  Every year when they 
19   resubmit for funding, five people are named.
20                MR. NELSON:  You're right, Mike.
21                MR. BURGESS:  Those five people are 
22   no longer here.
23                MR. NELSON:  Five people are 
24   submitted, but the thing is, the wording in the 
25   actual monies we get, it's totally discretionary.  
0120
 1   But we are the Comanche Nation.  It's up to the 
 2   elected to make that happen.
 3                MS. SIMMONS:  Do you know what the 
 4   last board did?  Did you have record of anybody 
 5   that was on the last board?  I know it's been 
 6   years.
 7                MR. BURGESS:  It's been years.  
 8                MS. SIMMONS:  They're all gone.
 9                MR. BURGESS:  I didn't find anything 
10   in our records when I was TA.  I don't know if 
11   Willie found anything when he was TA.  
12                MS. SIMMONS:  She said Beth was the 
13   only one that's on that board that's living.
14                MS. AITSON:  You know, during this 
15   time we had the storm and everything, my sisters 
16   were down there volunteering.  They were helping 
17   at the elders center.  And Georgia, she gets in 
18   and helps everyplace, and I guess she had it out 
19   with Maria, because Maria had said things, you 
20   know.  Georgia said she was real aggressive.  
21   "I'll take you in the other room.  We all own this 
22   business."  You know, "You don't own it.  It's not 
23   your building."  She don't own it.  Well, she went 
24   in her office and locked the door.  
25                I know you don't want to hear this, 
0121
 1   but you need to because it happened.  And that's 
 2   what y'all need to straighten out with her, you 
 3   know, because a lot goes on that you guys don't 
 4   know about because no one comes to tell you.  And 
 5   I'm here to voice my opinion because I'm a tribal 
 6   member.
 7                MR. BURGESS:  Mr. Nelson, we'll table 
 8   this effort right now, but I ask you set up a 
 9   meeting with -- I guess call a community meeting 
10   in the evening time over there sometime after 
11   March 3rd or March 6th.  That's our next meeting.
12                MR. MAHSEET:  Yeah, March 6th.
13                MR. BURGESS:  6th is a Saturday.  
14   That's our CBC.
15                MRS. GALLEGOS:  Point of 
16   clarification:  When you submit your funding on 
17   whatever, yearly basis, you submit five people as 
18   their board of directors or their advisory 
19   board -- 
20                MR. BURGESS:  Yep.  
21                MRS. GALLEGOS:  -- but those five 
22   people, it's just a name only, they're not 
23   actually acting as the advisory board?  
24                MR. NELSON:  They don't put actual 
25   names in there anymore, Sandra, because that would 
0122
 1   be fraud.  They say there are five people that act 
 2   as an advisory board.  
 3                MRS. GALLEGOS:  But they don't have 
 4   an advisory board?  
 5                MR. TIPPECONNIE:  Not required to.
 6                MRS. GALLEGOS:  So if you're telling 
 7   the funding agency that you do have an advisory 
 8   board and you don't in essence, then you're still 
 9   committing fraud, whether it's named or not.
10                MR. ASEPERMY:  I'd like to see it in 
11   black and white.
12                MR. BURGESS:  All right.  What we'll 
13   do is table this measure right now, but we want to 
14   establish a meeting and get that documentation, 
15   Mr. Nelson.  If it's not in finance or in your 
16   office, maybe Finley & Cook --
17                MR. NELSON:  I have it.
18                MR. BURGESS:  You do?  
19                MR. NELSON:  Yeah.  Gentlemen, I did 
20   try this, Mr. Chairman, probably the start of my 
21   tenure, and it was going really well there for a 
22   little bit, but then we started talking about 
23   indirect costs and one employee and it kind of 
24   went south.  So, yes, we need the body, the 
25   elected body to lead the way for this venture, 
0123
 1   great venture here.  
 2                MR. BURGESS:  All right.  Well, 
 3   again, we'll table this.  
 4                MRS. GALLEGOS:  And wasn't there a 
 5   motion passed sometime last year that they were 
 6   going to create an advisory board?  You guys 
 7   tabled it then.  
 8                MS. SIMMONS:  That's why he wanted 
 9   the name, I thought.
10                MR. BURGESS:  It was before me, so if 
11   there was a motion or resolution prior to June -- 
12                MR. ASEPERMY:  Do you remember when, 
13   Clyde?
14                MR. MAHSEET:  We didn't.
15                MR. BURGESS:  Community members are 
16   coming here by October, November asking us when 
17   we're going to do that, but we'll have to go back 
18   in the record.
19                MR. TIPPECONNIE:  I'll look.
20                MR. MAHSEET:  It wasn't done.  
21                MRS. GALLEGOS:  And have to look back 
22   at the minutes.
23                MS. HALL:  You need a board.  One 
24   person can't do it.
25                MR. BURGESS:  Barring anymore new or 
0124
 1   old business, we're going to be moving into 
 2   executive session.  Ladies and gentleman, I want 
 3   to say thank you.  First on our list will be 
 4   Mr. Burgess, Ron Burgess.  
 5                (Executive session commenced.)
 6                           
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0125
 1      R E P O R T E R 'S    C E R T I F I C A T E
 2                           
 3   STATE OF OKLAHOMA   )
                         )
 4   COUNTY OF OKLAHOMA  )
 5   
              I, Kelly Stoabs, Certified Shorthand 
 6   
     Reporter for the State of Oklahoma, certify that 
 7   
     the above and foregoing meeting transcribed by me 
 8   
     is a true and correct transcript of the meeting; 
 9   
     that the meeting was held on February 12, 2010, in 
10   
     the State of Oklahoma; that I am not an attorney 
11   
     for nor a relative of any said parties, or 
12   
     otherwise interested in the event of said action.
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              IN WITNESS WHEREOF, I have hereunto set 
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     hereunto set my hand and seal of office on this 
15   
     the 1 day of March, 2010.
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                         __________________________
19                       Kelly Stoabs
                         Certified Shorthand Reporter
20                       for the State of Oklahoma
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0126
 1     S E C R E T A R Y ' S    C E R T I F I C A T E
 2                    
 3             I, Robert Tippeconnie, Secretary-
 4    Treasurer of Comanche Nation Business Committee, 
 5    certify that the above is a true and correct 
 6    transcript of a meeting of CBC Members held at 
 7    10:00 a.m. on February 12, 2010, and that the 
 8    meeting was duly called and held in all respects 
 9    in accordance with the charters and bylaws of the 
10    Comanche Nation and that a quorum was present.
11               I further certify that the votes and 
12    resolutions of the CBC Members of Comanche Nation 
13    at the meeting are operative and in full force and 
14    effect and have not been annulled or modified by 
15    any vote or resolution passed or adopted by the 
16    CBC since that meeting.
17        
18        
19    Signed:_________________________ Date:____________
             Robert Tippeconnie
20           Secretary-Treasurer
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