# Phone: (920)869-2214 (2016) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2309c6a9bfc8c3fc ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Meeting Materials July 27, 2016 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 355 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 27th day of July, 2016. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Page 1 of 342 Oneida Business Committee Executive Session 9:00 a.m. Tuesday, July 26, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, July 27, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/ I. CALL TO ORDER AND ROLL CALL II. OPENING A. Meet the Workforce Innovation and Opportunity Act (WIOA) and Temporary Assistance for page 8 Needy Families (TANF) Summer Youth workers Sponsor: Lisa Summers, Tribal Secretary B. Recognition of the Oneida Powwow Committee for the 44th Annual Oneida Nation Powwow Sponsor: III. ADOPT THE AGENDA IV. OATHS OF OFFICE V. page 10 Jennifer Webster, Councilwoman A. Oneida Police Department Officers – Donovan Duggan, Alexis Hughes, Ralph Powless Jr. page 11 B. Bay Bancorporation, Inc. Board of Directors – Nathaniel S. King page 13 MINUTES A. Approve July 13, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of July 27, 2016 Page 1 of 7 page 15 Page 2 of 342 VI. RESOLUTIONS A. Adopt resolution titled Amending the Self-Governance Multi-Year Funding Agreement Sponsor: B. Adopt resolution titled Garnishment Law Amendments Sponsor: page 31 Chris Johns, Coordinator/Self-Governance page 38 Brandon Stevens, Councilman VII. APPOINTMENTS (No Requested Action) VIII. STANDING COMMITTEES A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept memo regarding Membership Ordinance Emergency Amendments page 69 B. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve July 18, 2016, Finance Committee meeting minutes IX. page 72 GENERAL TRIBAL COUNCIL A. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000 Sponsor: Lisa Summers, Tribal Secretary 1. Accept legislative analysis page 78 2. Defer legal analysis page 83 EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the legislative progress report, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to accept the legal progress report, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the financial analysis, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from Michael Debraska regarding Per Capita Distribution; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) day, seconded by Lisa Summers. Motion carried unanimously. B. Approve Reconvened 2016 Semi-Annual General Tribal Council meeting date Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of July 27, 2016 Page 2 of 7 page 85 Page 3 of 342 X. STANDING ITEMS A. Accept update regarding Work Plan for CIP project # 14-002 Cemetery Improvements page 91 (This item is scheduled to begin at 11:00 a.m.) Sponsor: James Petitjean, Interim Assistant Division Director/Development B. Defer update from Constitutional Amendments Implementation Team to August 10, 2016 Sponsor: page 232 Melinda J. Danforth, Tribal Vice-Chairwoman XI. UNFINISHED BUSINESS (No Requested Action) XII. TABLED BUSINESS A. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal page 234 Year 2021 Adopted by General Tribal Council on June 13, 2016 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. XIII. NEW BUSINESS A. Approve request to activate $265,000 from approved FY 2016 CIP budget for CIP project # page 238 14-014 – OGE Remodel Phase II Sponsor: Troy Parr, Assistant Division Director/Development B. Approve concept paper for Capital Improvement Project # 13-011 – Oneida Nation High School Sponsor: page 242 Troy Parr, Assistant Division Director/Development C. Approve limited waiver of sovereign immunity – Career Cruising/Anaca Technologies Inc. page 248 – contract # 2016-0710 Chair: Debra Danforth, Oneida School Board Liaison: Fawn Billie, Councilwoman D. Enter E-poll results into the record opposing travel request – Chairwoman Tina Danforth – page 262 Women Empowering Women for Indian Nations (WEWIN) Conference – Tulalip, WA – August 15-18, 2016 Sponsor: Lisa Summers, Tribal Secretary E. Approve revised Oneida Business Committee Standard Operating Procedure titled Conducting Electronic Voting (E-Polls) Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of July 27, 2016 Page 3 of 7 page 271 Page 4 of 342 XIV. TRAVEL (No Requested Action) XV. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. OPERATIONAL REPORTS 1. Accept Environmental Health & Safety FY ’16 3rd quarter report page 283 (1:30 p.m. - 1:50 p.m.) Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety EXCERPT FROM JULY 13, 2016: Motion by Lisa Summers to defer the Environmental Health & Safety Division FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously. 2. Accept Division of Land Management FY ’16 3rd quarter report page 290 (1:50 p.m. - 2:10 p.m.) Sponsor: Patrick Pelky, Division Director/Land Management EXCERPT FROM JULY 13, 2016: Motion by Lisa Summers to defer the Division of Land Management FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. 3. Accept Oneida Housing Authority FY ’16 3rd quarter report page 296 (2:10 p.m. - 2:30 p.m.) Sponsor: Dale Wheelock, Director/Oneida Housing Authority B. CORPORATE REPORTS (No Requested Action) C. BOARDS, COMMITTEES, AND COMMISSIONS 1. Accept Anna John Resident Centered Care Community Board FY ’16 3rd quarter report page 301 (2:30 p.m. - 2:45 p.m.) Chair: Candace House Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM JULY 13, 2016: Motion by Jennifer Webster to defer the Anna John Residential Centered Care Community Board FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously. 2. Accept Oneida Nation Veterans Affairs Committee FY ’16 3rd quarter report page 319 (2:45 p.m. - 3:00 p.m.) Chair: Mike Hill Liaison: Jennifer Webster, Councilwoman 3. Accept Oneida Police Commission FY ’16 3rd quarter report (3:00 p.m. - 3:15 p.m.) Chair: Bernie John-Stevens Liaison: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of July 27, 2016 Page 4 of 7 page 323 Page 5 of 342 4. Accept Oneida Powwow Committee FY ’16 3rd quarter report page 332 (3:15 p.m. - 3:30 p.m.) Chair: Tonya Webster Liaison: Fawn Billie, Councilwoman 5. Accept Southeastern Oneida Tribal Services Advisory Board FY ’16 3rd quarter report page 340 (3:30 p.m. - 3:45 p.m.) Chair: Daniel Schiller Liaison: Tina Danforth, Tribal Chairwoman XVI. EXECUTIVE SESSION A. REPORTS 1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager page 343 (9:00 a.m. - 9:45 a.m.) 2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director page 404 3. Accept Chief Counsel report – Jo Anne House, Chief Counsel page 448 B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association page 449 (10:15 a.m. - 10:45 a.m.) Sponsor: Trish King, Tribal Treasurer C. AUDIT COMMITTEE (No Requested Action) D. UNFINISHED BUSINESS 1. Accept close-out report regarding complaint # 2015-DR11-01 Sponsor: David Jordan, Councilman EXCERPT FROM MAY 25, 2016: Motion by David Jordan to approve the request to close-out complaint # 2015-DR11-01, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer complaint # 2015DR11-01 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding complaint # 2015-DR11-01 to the April 27, 2016, regular Business Committee meeting, seconded by Jennifer Webster. EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding complaint # 2015-DR11-01 to the March 30, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint # 2015-DR11-01 and to defer item to Chairwoman Tina Danforth, Councilman David Jordan, and Councilman Brandon Stevens for follow-up, seconded by Jennifer Webster. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of July 27, 2016 Page 5 of 7 page 457 Page 6 of 342 2. Accept close-out report regarding complaint # 2015-DR11-02 Sponsor: page 464 David Jordan, Councilman EXCERPT FROM MAY 25, 2016: Motion by David Jordan to approve the request to close-out complaint # 2015-DR11-02; and to accept item as information, seconded by Trish King. Motion carried with one abstention. EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR11-02 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding Complaint # 2015-DR11-02 to the April 27, 2016, regular Business Committee meeting, seconded by Jennifer Webster. EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding complaint # 2015-DR11-02 to the March 30, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint # 2015-DR11-02 and to defer item to Chairwoman Tina Danforth, Councilman David Jordan, and Councilman Brandon Stevens for follow-up, seconded by Fawn Billie. Motion carried unanimously. 3. Accept close-out report regarding complaint # 2015-DR14-01 Sponsor: page 471 David Jordan, Councilman EXCERPT FROM MAY 25, 2016: Motion by David Jordan to approve the request to close-out complaint # 2015-DR14-01, seconded by Brandon Stevens. Motion carried with one abstention. EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR14-01 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding Complaint # 2015-DR14-01 to the April 27, 2016, regular Business Committee meeting, seconded by Jennifer Webster. EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding complaint # 2015-DR14-01 to the March 30, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by David Jordan to defer complaint # 2015DR14-01 to Chairwoman Tina Danforth, Councilman David Jordan, and Councilman Brandon Stevens for follow-up, seconded by Lisa Summers. Motion carried unanimously. E. TABLED BUSINESS (No Requested Action) F. NEW BUSINESS 1. Approve limited waiver of sovereign immunity – Micros Fidelio World Wide, LLC. – contract # 2016-0734 Sponsor: Louise Cornelius, Gaming General Manager Oneida Business Committee Regular Meeting Agenda of July 27, 2016 Page 6 of 7 page 478 Page 7 of 342 2. Approve request from Southeastern Oneida Tribal Services Advisory Board to page 494 terminate appointment of member Chair: Daniel Schiller, Southeastern Oneida Tribal Services Advisory Board Liaison: Tina Danforth, Tribal Chairwoman 3. Review complaint # 2016-DR07-01 and determine appropriate next steps page 496 (1:30 p.m. - 2:00 p.m.) Sponsor: David Jordan, Councilman 4. Accept letter of resignation in accordance with section 7.2 of employment contract # page 560 2013-0856 and determine next steps (9:45 a.m. - 10:15 a.m.) Sponsors: Lisa Summers, Tribal Secretary; David Jordan, Councilman XVII. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 5:00 p.m., Friday, July 22, 2016, pursuant to the Open Records and Open Meetings Law, section 7.17-1. The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214. Oneida Business Committee Regular Meeting Agenda of July 27, 2016 Page 7 of 7 Page 8 of 342 Page 9 of 342 Page 10 of 342 Page 11 of 342 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 07 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Richard VanBoxtel, Oneida Police Department Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 12 of 342 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Oath of Office for three (3) new hire Officers: Donovan Duggan Alexis Hughes Ralph Powless Jr. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Page 13 of 342 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 07 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Nathaniel S. King to the Bay Bancorporation Inc. Board of Directors 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor: Kathleen M. Metoxen, Executive Tribal Clerk Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 14 of 342 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the February 18, 2016 issue of the Kalihwisaks for (1) vacancy on the Bay Bancorporation board for a (3) year term with the deadline of March 18, 2016. There were (6) applicants for the (1) vacancy on the Bay Bancorporation. The appointment was made on the July 13, 2016 BC Agenda. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Page 15 of 342 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 07 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve July 13, 2016, regular meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. July 13, 2016, regular meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. Specialist/BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 16 of 342 Oneida Business Committee Executive Session 9:00 a.m. Tuesday, July 12, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, July 13, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Councilman Tehassi Hill; Arrived at: ; Others present: Patrick Stensloff, Dale Wheelock, Troy Parr, Jo Anne House, Joanie Buckley, Dave Cluckey, Larry Barton, Ralinda Ninham-Lamberies; REGULAR MEETING Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Councilman Tehassi Hill; Arrived at: ; Others present: Jo Anne House, Brad Graham, Bill Graham, Don White, Susan House, Heather Heuer, Joanie Buckley, Jessica Wallenfang, Donald Miller, Mike Hill, Danelle Wilson, Chris Johnson, Shannon Columb, Cathy Metoxen, Dawn Moon-Kopetsky, Leyne Orosco, Larry Barton, Dale Wheelock, Susan White, Troy Parr, Paul Witek, Patrick Pelky, Nancy Barton, Mason Thomas, Jacque Boyle, James Petitjean, Florence Petri, Nathan Smith, Arthur Cornelius, Floyd Hill, Reann Skenandore, Bonnie Pigman, Sheila Huntington, Brent Truttman, Elena Hill, Leanna Doxtator, Sue Doxtator; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:01 a.m. For the record: II. Vice-Chairwoman Melinda J. Danforth is attending the Region 5 Tribal Operations Committee (R5TOC) meeting in Bowler, WI on behalf of Councilman Tehassi Hill. Councilman Tehassi Hill is away on approved travel to attend the Food Distribution Program on Indian Reservations meeting in Norman, OK. OPENING (00:00:25) by Tribal Member Shirley Barber Page 17 of 342 III. ADOPT THE AGENDA (00:01:55) Motion by Lisa Summers to adopt the agenda with the following change: [Move item 14.B.01. Approve travel request in accordance with Travel & Expense Policy – Nine (9) Oneida Nation Veterans Affairs Committee (ONVAC) members – Indian Summer Festival – September 8-11, 2016, first on the agenda], seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill IV. OATHS OF OFFICE (No Requested Action) V. MINUTES (00:04:53) A. Approve June 22, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to approve the June 22, 2016, regular meeting minutes, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: David Jordan Not Present: Melinda J. Danforth, Tehassi Hill B. Approve July 5, 2016, special meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to approve the July 5, 2016, special meeting minutes, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill VI. RESOLUTIONS (00:06:00) A. Adopt resolution titled Participation in a Nationwide Elder Needs Assessment Sponsor: Don White, Division Director/Governmental Services Motion by Lisa Summers to adopt resolution # 07-13-16-A Participation in a Nationwide Elder Needs Assessment, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill B. Adopt resolution titled The Economic Development Administration Program Grant Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Lisa Summers to adopt resolution # 07-13-16-B The Economic Development Administration Program Grant, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Page 18 of 342 C. Adopt resolution titled Revenue Allocation Plan Fiscal Year 2016 Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Summers to adopt resolution # 07-13-16-C Revenue Allocation Plan Fiscal Year 2016, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill D. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016 Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by Chairwoman Tina Danforth. For the record: Chairwoman Tina Danforth stated based on what Jo Anne said she said it is my discretion to call it out of order due to the grey areas and again I think due to the uncertainty of what the outcome of the June 13th because the main motion is the main motion and the main motion was $2,000 for 5 years. That stands. And if there’s an amendment that is contradictory then we are not ready to move forward unless we are going to pay $2,000 plus $1,300 and I don’t think that was the intent of the floor on that day. And I think from a procedural standpoint this needs to be addressed and it’s not clear. It is totally not clear. A main motion passes, the entirety of the main motion passes along with its’ amendments. Based on that, I am going to say it’s out of order. Motion by Lisa Summers to table this item to the July 27, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill VII. APPOINTMENTS (No Requested Action) VIII. STANDING COMMITTEES (00:15:56) A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept June 15, 2016, Legislative Operating Committee meeting minutes Motion by Lisa Summers to accept the June 15, 2016, Legislative Operating Committee meeting minutes, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Page 19 of 342 B. Finance Committee Sponsor: Treasurer Trish King, Chair 1. Approve July 5, 2016, Finance Committee meeting minutes Motion by Lisa Summers to approve the July 5, 2016, Finance Committee meeting minutes, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill C. Community Development & Planning Committee (No Requested Action) D. Quality of Life Committee (No Requested Action) IX. GENERAL TRIBAL COUNCIL (00:17:23) A. Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board Sponsor: Lisa Summers, Tribal Secretary 1. Accept financial analysis EXCERPT FROM MAY 25, 2016: (1) Motion by Lisa Summers to accept the legislative analysis, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to accept the legal analysis, seconded by David Jordan. Motion carried unanimously. (3) Motion by David Jordan to defer the financial analysis for thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM MAY 11, 2016: Motion by Jennifer Webster to defer the legal analysis to the next regular business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM APRIL 27, 2016: Motion by Melinda J. Danforth to accept the legislative progress report regarding Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM March 9, 2016: Motion by David Jordan to accept the verified petition from Michael Debraska: Special GTC meeting to establish a Health Care Board; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) days, seconded by Trish King. Motion carried unanimously. Motion by Lisa Summers to accept the financial analysis regarding Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Page 20 of 342 B. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000 Sponsor: Lisa Summers, Tribal Secretary 1. Accept legislative progress report noting the analysis is due at the July 27, 2016, regular Business Committee meeting Motion by Lisa Summers to accept the legislative progress report regarding Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000, noting the analysis is due at the July 27, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 2. Accept legal progress report noting the analysis is due at the July 27, 2016, regular Business Committee meeting Motion by Lisa Summers to accept the legal progress report regarding Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000, noting the analysis is due at the July 27, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the financial analysis, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from Michael Debraska regarding Per Capita Distribution; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) day, seconded by Lisa Summers. Motion carried unanimously. X. STANDING ITEMS (No Requested Action) Page 21 of 342 XI. UNFINISHED BUSINESS (1:32:43) A. Accept update regarding Oneida Sacred Burial Grounds per GTC Directive (This item is scheduled to begin at 11:00 a.m.) Sponsor: Brandon Stevens, Councilman EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster [… to request the Tribal Secretary notify the Land Commission, Division of Land Management, Development Division, Trust & Enrollment Committee, and any other parties that are necessary, to be present at the July 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.]1 EXCERPT FROM JUNE 8, 2016: Motion by Lisa Summers to accept the information in the memorandum from the Trust Department dated May 31, 2016, as information, noting there have been two (2) identified alternative sites for a cemetery should the need arise and to send this item to the next available Officers’ meeting for continued follow-up with the overall cemetery work plan, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation regarding the Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion carried unanimously. (2) Amendment to the main motion by Tehassi Hill to request an update at the first regular Business Committee meeting in June regarding potential locations of the cemetery, seconded by Trish King. Motion carried unanimously. Motion by Lisa Summers to accept the update and handout regarding Oneida Sacred Burial Grounds as information, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill XII. TABLED BUSINESS (No Requested Action) XIII. NEW BUSINESS (00:20:19) A. Approve request to support recommendation of Nathanial S. King to be appointed to the Bay Bancorporation Board of Directors Liaison: Tina Danforth, Tribal Chairwoman Motion by Lisa Summers to approve the request to support the recommendation of Nathanial S. King to be appointed to the Bay Bancorporation Board of Directors, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill This excerpt comes from the June 22, 2016, regular Business Committee meeting minutes for item X.A. Defer update regarding Work Plan for CIP # 14-002 Cemetery Improvements to the July 27, 2016, regular Business Committee meeting. 1 Page 22 of 342 B. Approve Indian Housing Plan for Fiscal Year 2017 Sponsor: Dale Wheelock, Director/Oneida Housing Authority Motion by Lisa Summers to approve the Indian Housing Plan for Fiscal Year 2017, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill C. Accept update and presentation as information – Youth Leadership Event – Washington D.C. – June 12-16, 2016 Sponsor: Tina Danforth, Tribal Chairwoman Motion by David Jordan to accept the update and presentation as information – Youth Leadership Event – Washington D.C. – June 12-16, 2016, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill D. Enter E-poll results into the record approving letter of support from Oneida Business Committee for grant application submission by Oneida Nation’s gang task force program seeking program funding aimed at decreasing risks of girls entering juvenile system Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to enter the E-poll results into the record approving letter of support from Oneida Business Committee for grant application submission by Oneida Nation’s gang task force program seeking program funding aimed at decreasing risks of girls entering juvenile system, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill E. Enter E-poll results into the record for approved travel request – Councilman Tehassi Hill – Food Distribution Program on Indian Reservations meeting – Norman, OK – July 11-13, 2016 Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to enter the E-poll results into the record for approved travel request – Councilman Tehassi Hill – Food Distribution Program on Indian Reservations meeting – Norman, OK – July 11-13, 2016, noting it is 100% grant funded, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Secretary Lisa Summers departs at 10:01 a.m. Secretary Lisa Summers returns at 10:04 a.m. Page 23 of 342 F. Approve request to direct Tribal Treasurer and Chief Counsel to submit declaratory ruling request to Oneida Judiciary by July 15, 2016, regarding Chairwoman Tina Danforth’s opinion that the June 13, 2016, General Tribal Council’s per capita motion and amendments had irregularities and needed further discussion by General Tribal Council Sponsor: Trish King, Tribal Treasurer Motion by Lisa Summers to approve the request to direct the Tribal Treasurer and Chief Counsel to submit declaratory ruling request to Oneida Judiciary by July 15, 2016, regarding interpretation and opinion that the June 13, 2016, General Tribal Council’s per capita motion and amendments had irregularities and needed further discussion by General Tribal Council. Motion failed for lack of support. Motion by Trish King to withdraw this request from the agenda, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill XIV. TRAVEL (1:11:14) A. TRAVEL REPORTS 1. Accept travel report – Chairwoman Tina Danforth – National Leadership Conference – Hinckley, MN – June 20-23, 2016 Motion by Lisa Summers to accept the travel report – Chairwoman Tina Danforth – National Leadership Conference – Hinckley, MN – June 20-23, 2016, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to defer this item to the Chairwoman’s Office for further development; and to bring back a proposal on how we can implement over the next year, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill B. TRAVEL REQUESTS 1. Approve travel request in accordance with Travel & Expense Policy – Nine (9) Oneida Nation Veterans Affairs Committee (ONVAC) members – Indian Summer Festival – September 8-11, 2016 Liaison: Jennifer Webster, Councilwoman Motion by David Jordan to approve the travel request in accordance with Travel & Expense Policy – Nine (9) Oneida Nation Veterans Affairs Committee (ONVAC) members – Indian Summer Festival – September 8-11, 2016, noting it is a budgeted item, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Page 24 of 342 2. Approve travel request – Secretary Lisa Summers – Midwest Alliance of Sovereign Tribes (MAST) summer meeting – Pokagon Band of Potawatomi Indians/Buffalo, MI – July 20-21, 2016 Motion by David Jordan to approve the travel request – Secretary Lisa Summers – Midwest Alliance of Sovereign Tribes (MAST) summer meeting – Pokagon Band of Potawatomi Indians/Buffalo, MI – July 2021, 2016, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Abstained: Lisa Summers Not Present: Melinda J. Danforth, Tehassi Hill 3. Approve travel request – Councilman Tehassi Hill – 2016 Partners in Action Conference – Sault Ste. Marie, MI – July 19-21, 2016 Motion by Lisa Summers to approve the travel request – Councilman Tehassi Hill – 2016 Partners in Action Conference – Sault Ste. Marie, MI – July 19-21, 2016; and to approve up to two (2) additional Business Committee members to also attend if it is within their budgets, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to recess at 10:35 a.m. and to reconvene at 11:00 a.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Meeting called to order by Chairwoman Tina Danforth at 11:03 a.m. Vice-Chairwoman Melinda J. Danforth and Councilman Tehassi Hill not present. Motion by Lisa Summers to recess at 11:39 a.m. and to reconvene at 1:30 p.m., seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Meeting called to order by Chairwoman Tina Danforth at 1:30 p.m. Vice-Chairwoman Melinda J. Danforth and Councilman Tehassi Hill not present. Page 25 of 342 XV. REPORTS (2:08:30) (This section of the agenda is scheduled to begin at 1:30 p.m.) A. OPERATIONAL REPORTS 1. Accept Development Division FY ’16 3rd quarter report Sponsors: James Petitjean, Interim Assistant Division Director/Development; Jacque Boyle, Interim Assistant Division Director/Operations; Scott Cottrell, Utilities Manager Motion by Trish King to accept the Development Division FY ’16 3rd quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to request the Interim Assistant Development Division Director of Operations to analyze the questions that have come up today regarding the Healthcare facility and then provide updated information at the August 16, 2016, Business Committee work meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 2. Defer Environmental Health & Safety Division FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety Motion by Lisa Summers to defer the Environmental Health & Safety Division FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 3. Defer Division of Land Management FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting Sponsor: Patrick Pelky, Division Director/Land Management Motion by Lisa Summers to defer the Division of Land Management FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill B. CORPORATE REPORTS (No Requested Action) Page 26 of 342 C. BOARDS, COMMITTEES, AND COMMISSIONS 1. Defer Anna John Residential Centered Care Community Board FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting Chair: Candace House Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to defer the Anna John Residential Centered Care Community Board FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 2. Accept Oneida Nation Arts Board FY ’16 3rd quarter report Chair-Elect: Dawn Walschinski Liaison: Jennifer Webster, Councilwoman Motion by Jennifer Webster to accept the Oneida Nation Arts Board FY ’16 3rd quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill XVI. EXECUTIVE SESSION (1:16:27) A. REPORTS 1. Accept Chief Counsel report – Jo Anne House, Chief Counsel Motion by Lisa Summers to accept the Chief Counsel report dated July 8, 2016, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) C. AUDIT COMMITTEE Sponsor: Councilman Tehassi Hill, Chair 1. Accept May 12, 2016, Audit Committee meeting minutes Motion by Lisa Summers to accept the May 12, 2016, Audit Committee meeting minutes, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Page 27 of 342 2. Approve Four Card Poker audit and lift confidentiality requirement allowing tribal members to view the audit Motion by Lisa Summers to approve the Four Card Poker audit and lift confidentiality requirement allowing tribal members to view the audit, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 3. Approve Three Card Poker Rules of Play audit and lift confidentiality requirement allowing tribal members to view the audit Motion by Lisa Summers to approve the Three Card Poker Rules of Play audit and lift confidentiality requirement allowing tribal members to view the audit, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 4. Approve Roulette Rules of Play audit and lift confidentiality requirement allowing tribal members to view the audit Motion by Lisa Summers to approve the Roulette Rules of Play audit and lift confidentiality requirement allowing tribal members to view the audit, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill D. UNFINISHED BUSINESS 1. Accept update regarding Print Shop – Mail Center Operational Plan (1:30-2:00) Sponsor: Joanie Buckley, Division Director/Internal Services EXCERPT FROM APRIL 13, 2016: Motion by Fawn Billie to accept the Print Shop – Mail Center Operational plan as information and to request an update for the July 13, 2016, regular Business Committee meeting, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: No formal action was taken on this item. EXCERPT FROM DECEMBER 9, 2015: (1) Motion by David Jordan to accept the report, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to require the next update be brought back to the March 23, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM SEPTEMBER 23, 2015: Motion by Brandon Stevens to accept the update as information, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: (1) Motion by Jennifer Webster to accept this item as information, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main motion by Melinda J. Danforth to request the Internal Services Director bring back the assessment to the Business Committee in three (3) months, seconded by Lisa Summers. Motion carried unanimously. Motion by Lisa Summers to accept the Oneida Printing October-May 2016 report; and to request a final close-out report be brought back in ninety (90) days which includes any final transition items and timelines, seconded by Brandon Stevens. Motion carried unanimously: Page 28 of 342 Ayes: Not Present: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to request the Internal Services Division Director to start including transitioning this item into their quarterly report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 2. Accept transition plan from Internal Services/MIS Department regarding Surveillance System Replacement Project (This item is scheduled to begin at 2:00 p.m.) Sponsor: Joanie Buckley, Division Director/Internal Services EXCERPT FROM APRIL 27, 2016: Motion by David Jordan to accept the update from the Gaming Commission, Retail, Finance, and Gaming regarding Surveillance System Replacement Project and to request that the agreed upon action plan be placed in writing and signed by all affected parties, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM APRIL 13, 2016: (1) Motion by Lisa Summers to request that the team working on this item meet and collaborate on how to proceed and bring back this item to the April 27, 2016, regular Business Committee meeting for an update, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to defer a policy development on this issue to the Internal Services/MIS Department to bring back a recommendation on a transition plan which moves the Nation towards a long-term systems alignment and for this draft plan to be brought back to the July 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by David Jordan to request all the teams that were to be brought together and put under one team for a RFP to be vetted out and be transparent, seconded by Lisa Summers. Motion carried unanimously. Motion by Lisa Summers to accept the transition plan from Internal Services/MIS Department regarding Surveillance System Replacement Project, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to direct that an internal team be established from a minimum of MIS Department, Oneida Police Department, Gaming Commission and Security, and Purchasing Department to develop a full transition plan for the Operations based on the recommendations provided in the report; and to request an update on the progress be brought back to a regular Business Committee meeting in six (6) months which would be January of 2017, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill E. TABLED BUSINESS (No Requested Action) Page 29 of 342 F. NEW BUSINESS 1. Review U.S. Dept. of Housing and Urban Development (HUD) On-Site Monitoring review report and determine appropriate corrective actions (This is item is scheduled to begin at 9:00 a.m.) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Lisa Summers to request the Legislative Operating Committee to develop emergency amendments to the Conflict of Interest Policy to address mandatory recusal in the event of certain conflicts within forty-five (45) days; and to bring back final amendments as soon as possible (in regards to Finding #1), seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to direct the Chief Financial Officer to address training requirements, including that there is cross-training to ensure a trained employee is available during each step of the process (in regards to Finding #2), seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to direct the Chief Financial Officer to begin development of an updated or new Standard Operating Procedure addressing sole source contracting and, where needed, documentation of external funding approval of sole source (in regards to Finding #3), seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to direct the Tribal Secretary to develop Standard Operating Procedures and necessary Charter amendments regarding appointments to boards and agenda of corporate entities which prohibit conflict with duties as a tribal employee (in regards to Finding #4), seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Motion by Lisa Summers to direct the Tribal Secretary to coordinate the management responses with the Law Office, Finance, Housing, and Planning on behalf of the Oneida Business Committee by the identified deadline, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 2. Approve draft letter of engagement retaining Fletcher Law, PLLC – contract # 20160718 Sponsors: Trish King, Tribal Treasurer; Brandon Stevens, Councilman Motion by Lisa Summers to approve engagement retaining Fletcher Law, PLLC – contract # 20160718; and to request the funds come from the Business Committee special projects budget with the understanding the funds are allocated from the Student Ambassador, Language Immersion, and Rites of Passage allocations, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Page 30 of 342 3. Review Business Committee Officers’ recommendations regarding personnel action, transition, and annual evaluation follow-up Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Lisa Summers to approve the Business Committee Officers’ recommendations dated July 12, 2016, regarding personnel action, transition, and annual evaluation follow-up; and to direct the ViceChair’s Office to carry out the actions approved in the materials presented, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 4. Approve request to direct Area Manager of Human Resources Dept. to postpone posting Land Claims Commission – Administrative Assistant position Sponsors: Trish King, Tribal Treasurer; Lisa Summers, Tribal Secretary Liaison: Jennifer Webster, Councilwoman Motion by Lisa Summers to approve the request to hold off on posting the Land Claims Commission – Administrative Assistant position until the Business Committee and Land Claims Commission can meet to discuss and collaborate efforts to create efficiencies in staff roles, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill 5. Review and approve Business Committee Officer’s recommendations regarding Interim Assistant Development Division Director – Operations’ thirty (30) day report Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Lisa Summers to accept the update from the Interim Assistant Development Division Director of Operations; and to ask the Officers to continue working with the Interim Assistant Director to obtain a more detailed report on the operations as it relates to overall measurements, including the Plumbing Departments’ work with the Operations, Community, and the newly developed Housing Division, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill XVII. ADJOURN Motion by Lisa Summers to adjourn at 2:25 p.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Page 31 of 342 Page 32 of 342 Page 33 of 342 BC Resolution # __-__-__-_ Amending the Self-Governance Multi-Year Funding Agreement WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation is a Self-Governance Tribe under Title V of P.L.93-638, as amended; and WHEREAS, the Oneida Nation has a Multi-Year Funding Agreement with the federal Department of Health and Human Services’ Indian Health Service which includes FY 2016; and WHEREAS, Section 10 of the Multi-Year Funding Agreement enables modifications of the Agreement in the form of an amendment which requires the written consent of both the Oneida Nation and the Secretary or their authorized representative. NOW THEREFORE BE IT RESOLVED, the Oneida Nation wishes to amend the Self-Governance MultiYear Funding Agreement by adding the following language: “The Oneida Nation’s Comprehensive Health Services Division agrees to be bound by 42 CFR Part 136 Subpart I in the administration and provision of Purchased and Referred Care services carried out under this Agreement.” Page 34 of 342 Page 35 of 342 Page 36 of 342 Page 37 of 342 Page 38 of 342 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 07 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Adopt the Garnishment Law Amendments 3. Supporting Materials Report Resolution Contract Other: 1. Backup 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: David Jordan Primary Requestor/Submitter: Jennifer Falck, LRO Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 39 of 342 Page 40 of 342 Page 41 of 342 Page 42 of 342 Page 43 of 342 Page 44 of 342 Page 45 of 342 Page 46 of 342 Page 47 of 342 Page 48 of 342 Page 49 of 342 Page 50 of 342 Page 51 of 342 Page 52 of 342 Page 53 of 342 Page 54 of 342 Page 55 of 342 Page 56 of 342 Page 57 of 342 Page 58 of 342 Page 59 of 342 Page 60 of 342 Page 61 of 342 Page 62 of 342 Page 63 of 342 Page 64 of 342 Page 65 of 342 Page 66 of 342 Page 67 of 342 Page 68 of 342 Page 69 of 342 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 07 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: A memo from LOC Chair to OBC updating the Membership Ordinance Emergency Amendments activity 3. Supporting Materials Report Resolution Contract Other: 1. Memo 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Brandon Stevens Primary Requestor/Submitter: Jennifer Falck, LRO Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 70 of 342 Page 71 of 342 Page 72 of 342 Page 73 of 342 Page 74 of 342 ONEIDA NATION P.O. Box 365 Oneida, WI 54115 MEMORANDUM TO: Finance Committee CC: Business Committee FR: Denise Vigue, Executive Assistant DT: July 19, 2016 RE: E-Poll Results of: FC Meeting Minutes of July 18, 2016 An E-Poll vote of the Finance Committee was conducted to approve the July 18, 2016 Finance Committee meeting minutes. The results of the completed E-Poll are as follows: E-POLL RESULTS: There was a Majority 4 YES votes from Wesley Martin, Jr., Larry Barton, Jennifer Webster and Chad Fuss to approve the July 18, 2016 Finance Committee Meeting Minutes. The minutes will be placed on the next BC agenda of July 27, 2016 for approval and the next Finance Committee agenda of August 1, 2016 to ratify this E-Poll action. Yaw⩑ko __________________________________________________________________________________________________________________________________________________________ * Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any meeting. Page 75 of 342 ONEI D A FI N ANCE COM M I TTEE FC WORK MEETING July 18, 2016 – 8:30 A.M. BC Executive Conference Room FINANCIAL PLANNING MEETING July 18, 2016 – 9:00 A.M. BC Executive Conference Room REGULAR MEETING July 18, 2016 – 10:00 A.M. BC Executive Conference Room REGULAR MEETING MINUTES FC Work Meeting: Patricia King, Treasurer/FC Chair Jenny Webster, BC Council Member Chad Fuss, Gaming AGM/FC Alternate Larry Barton, CFO/FC Vice-Chair Louise Cornelius, GGM Wesley Martin, Jr., Community Elder Member Excused: David Jordan, BC Council Member and Patrick Stensloff, Purchasing Director FC Financial Planning Meeting: Patricia King, Treasurer/FC Chair Jenny Webster, BC Council Member Chad Fuss, Gaming AGM/FC Alternate Larry Barton, CFO/FC Vice-Chair Louise Cornelius, GGM Wesley Martin, Jr., Community Elder Member Excused: David Jordan, BC Council Member and Patrick Stensloff, Purchasing Director FC Regular Meeting: Patricia King, Treasurer/FC Chair Larry Barton, CFO/FC Vice-Chair Jenny Webster, BC Council Member Chad Fuss, Gaming AGM/FC Alternate Wesley Martin, Jr., Community Elder Member Excused: David Jordan, BC Council Member and Patrick Stensloff, Purchasing Director Others Present: David Emerson, Tim Skenandore, Sharon Mousseau, Linda Jenkins, Carla Witkowski and Denise Vigue, FC recording secretary I. II. Call to Or der : The Regular FC meeting was called to order by the FC Chair at 10:05 A.M. Approv al of Agenda: JULY 18, 2016: Motion by Larry Barton to approve the Finance Committee agenda for July 18, 2016 with: two ADD On requests under Capital Expenditures; one ADD On request under New Business; and one ADD On request under Donations. Seconded by Jennifer Webster. Motion carried unanimously. III. Approv al of Mi nutes: JULY 5, 2016 (approved via FC E-Poll on 7/6/16): Motion by Wesley Martin, Jr. to ratify the FC E-Poll action of July 6, 2016 approving the Finance Committee meeting minutes of July 5, 2016. Seconded by Jennifer Webster. Motion carried unanimously. IV. Tabled Business: Motion by Wesley Martin, Jr. to keep the Community Fund items 1-4 on the table. Seconded by Chad Fuss. Motion carried unanimously. 1. Laptop Purchase Amount: $300. Michael Debraska 2. I-Pad Pro Purchase Amount: $300. Beverly Somers 3. I-Pad Pro Purchase Amount: $300. Daniel Miller 4. I-Pad Air Purchase Amount: $300. B.Jan Frion Page 76 of 342 V. Capital Expenditures: 1. Incredible Technologies (6) Slot Games David Emerson, Gaming Slots Department Handouts of additional backup information were provided; wrapping up purchases for the year with this purchase of exceptional performers; already at main, hoping to recreate profits with installation at Mason Street; discussion of nominal pricing for trade in values; shipping costs; and specific vendors. Gaming does work with Purchasing on solicitation of qualified buyers for used machines. Motion by Wesley Martin, Jr. to approve the Gaming Capital Expenditure for the Incredible Technologies (6) Slot Games in the amount of $121,234.80. Seconded by Jennifer Webster. Motion carried unanimously. 2. ADD ON: IGT (4) Slot Games David Emerson, Gaming Slots Department Handouts of additional backup information were provided; these are poker games utilizing the latest technology; showing added game play/profitability. Motion by Jennifer Webster to approve the Gaming Capital Expenditure for the IGT (4) Slot Games in the amount of $64,188.80. Seconded by Wesley Martin, Jr. Motion carried unanimously. 3. ADD ON: Miron Construction Contract Amendment Tim Skenandore, Gaming Facilities This is a contract amendment to complete exterior work; working with Engineering advised to use this same contractor that completed remodel project to keep consistency of appearance; funds are budgeted and have been approved through Gaming Capital Expenditures. The CFO noted for Gaming Facilities that one of the sub-contractors did have Indian Preference issues in the past and to ensure this will not be with current project. Motion by Wesley Martin, Jr. to approve the Miron Construction Contract Amendment in the amount of $114,809.00. Seconded by Jennifer Webster. Motion carried unanimously. VI. New Business: 1. Direct Care Therapy Services Carla Witkowski, BIA Early Intervention This is a sole source contract for speech and language services; staff provided through Direct Care is qualified and credentialed to move from program to program, this is 100% funded by the bureau. Motion by Larry Barton to approve the Direct Care Therapy Services contract in the amount of $175,000. Seconded by Wesley Martin, Jr. Motion carried unanimously. 2. ADD ON: Lamers Bus Line – contract Sharon Mousseau, ONES Administrator This is a multi-year (6) contract, this will be year three; there was a discussion on how much received from the bureau and how much needed through tribal contribution; CFO noted in the last year of this contract it should be sent out for bid. Motion by Chad Fuss to approve year three payment for the Lamers Bus Line contract in the amount of $380,000. Seconded by Larry Barton. Jennifer Webster abstained. Motion carried. VII. Donation Requests /Reports: 1. Report: Wisconsin Indian Education Association Requestor: Rachel Byington and the SW WIEA Planning Team Page 77 of 342 Motion by Jennifer Webster to accept as FYI the required Donation Follow-Up Report from the Wisconsin Indian Education Association. Seconded by Larry Barton. Motion carried unanimously. 2. Report: Military Order of the Purple Heart Requestor: George Greendeer, Commander, MoPH Motion by Jennifer Webster to accept as FYI the required Donation Follow-Up Report from the Military Order of the Purple Heart. Seconded by Wesley Martin, Jr. Motion carried unanimously. 3. ADD ON: Bad River Request for Emergency Assistance Larry Barton, CFO There was a discussion of the request an e-mail received Kaylynn Gresham at Emergency Management of the request for assistance to the Bad River reservation that has flood damages; the BC has already provided from their donation line $5,000. for bottled water as that is the greatest need; there is a fund set up at the bank for general assistance; the max amount that can be approved under the FC Donation policy is $2,500, or a procedural exception can be made if FC can donate more; will need to follow up with Kaylynn of current status/needs; e-mail can be used as backup for the records. Motion by Wesley Martin, Jr. to approve $2,500 from the FC Donation Line to be sent to the Associated Bank- Bad River Tribal Relief Fund to assist the Bad River Reservation with emergency assistance. Seconded by Larry Barton. Motion carried unanimously. VIII. IX. X. Executive Session: No items Follow Up: No items FYI and /or Thank You: 1. FYI: American Gaming Systems (8) Trial Games David Emerson, Gaming Slots Department Motion by Jennifer Webster to accept as FYI the information regarding the 8 Trial Games (no purchase) from American Gaming Systems (AGS). Seconded by Wesley Martin, Jr. Motion carried unanimously. XI. Adjour n: Motion by Wesley Martin, Jr. to adjourn. Seconded by Jennifer Webster. Motion carried unanimously. The regular FC meeting ended at 10:43 A.M. Minutes taken and transcribed by: Denise Vigue, Executive Assistant in Finance & Finance Committee Recording Secretary Finance Committee- E-Poll Minutes Approval Date: Oneida Business Committee- FC Minutes- Approval Date: JULY 19, 2016 IX. GENERAL TRIBAL COUNCIL A. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000 Sponsor: Lisa Summers, Tribal Secretary 1. Accept legislative analysis 2. Defer legal analysis B. Approve Reconvened 2016 Semi-Annual General Tribal Council meeting date Sponsor: Lisa Summers, Tribal Secretary These agenda items contain information for Tribal Members only. Please visit the Business Committee Support Office on the second floor of the Norbert Hill Center with Tribal I.D. to obtain full packet materials. Materials may also be obtained after logging into the Tribal Members only portal at https://oneidansn.gov/members-only/gtc-portal/bc-meeting-materials-for-members-only/ For any questions, please call the Business Committee Support Office at (920)869-4364 or send an email to TribalSecretary@oneidanation.org. Thank you. Page 91 of 342 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 7 / 27 / 16 2. General Information: Session: Open Agenda Header: Requesting this item to be scheduled at 11:00 a.m., as representatives from GEI Consultants, Inc. will be present to provide summary of the DRAFT hydrogeologic report with powerpoint Executive - See instructions for the applicable laws, then choose one: Unfinished Business Accept as Information only Action - please describe: Accept update of Work Plan for Cemetery Improvements project #14-002. 3. Supporting Materials Report Resolution Contract Other: 1. Memo 3. Hydrogeologic Study - DRAFT 2. Work Plan 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Brandon Stevens, Council Member Primary Requestor/Submitter: James Petitjean, Interim Asst. Division Director/Development Your Name, Title / Dept. or Tribal Member Additional Requestor: Paul J. Witek, Senior Tribal Architect/ Engineering Dept. Name, Title / Dept. Additional Requestor: Fawn Cottrell, Contract Processor/ Engineering Dept. Name, Title / Dept. Page 1 of 2 Page 92 of 342 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: STANDING ITEM: Purpose: Follow-up to item XII.A from December 9, 2015 OBC Meeting for a update to Work Plan. Background: On December 9, 2015 the Business Committee approved a motion to request the Cemetery Improvement Project #14-002 Work Plan be a standing item on the second regular Business Committee meeting agenda of each month starting in January of 2016 for updates. The Oneida Cemetery Improvements - Hydrogeologic Study has been worked on by GEI Consultants, Inc. A first DRAFT of the study is attached and representatives from GEI will be present at the meeting to summarize the draft report and answer questions. Action Requesting: 1. Acceptance of Work Plan status update for Cemetery Improvements project #14-002. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Page 93 of 342 Oneida Nation Engineering Department Memo To: Oneida Business Committee From: Paul J. Witek, AIA, LEED-AP – Senior Tribal Architect CC: Troy Parr – Assistant Development Division Director James Petitjean – Interim Assistant Development Division Director Date: July 19, 2016 Re: Cemetery Improvements #14-002 – Work Plan Update On December 9, 2015 the Business Committee approved a motion to request the Cemetery Improvement Project #14-002 Work Plan be a standing item on the second regular Business Committee meeting agenda of each month starting in January of 2016 for updates. Updates to the Cemetery Work Plan have been submitted monthly since that time. Highlights of status updates on this month’s report are: Item No.: Item Title: Status: 2.c Install additional monitoring wells Additional wells on property to east are scheduled to be installed the week of July 25. 3.d Hydrogeology Study Draft Report submitted. Will need information from additional monitoring wells on parcel to the east to finalize report. 4.a Request funding for implementation Funding requested in FY2017 CIP Budget request. Request did not make final proposed CIP Budget. There is an unobligated balance remaining on current funding. G:\ENG\Projects\14-002 Cemetery\Correspondence Outgoing\Memo - Work Plan Update.docx Page 94 of 342 WORK PLAN Cemetery Improvements Project #14‐002 No. 1 2 3 Description Continue data readings from monitoring wells. Install additional monitoring wells. Hydrogeology Study (ground‐water study). 7/19/16 Notes Tasks Task Coordinator Estimated Completion Date On‐going On‐going 12/16/15 Complete, issued 12/9/15; proposals received 12/16/15. 1/22/16 Complete. Monthly data readings. a. Collect data. CW&S Dept. Install monitoring wells at existing raised plateaus and on property to east. a. Draft and release Request For Proposals (RFP). b. Draft and award contract. Engineering Dept. Engineering Dept. The study will review previous reports, existing data from monitoring wells, data from new monitoring wells and provide verification/recommendations of plan of action to address groundwater concerns. Study duration is anticipated to be 6 months. 4 Request funding for implementation. Funding will be requested through the CIP Budget and amounts will be based upon estimates included in the Hydrogeology Study. 5 Additional drain tile installation. Contingent upon results of Hydrogeology Study. If study results confirm this is an appropriate action, work will commence as funding allows. Status c. Install monitoring wells Vendor 2/9/16 4 wells installed Feb. 8 & 9. Additional wells on property to east are scheduled to be installed the week of July 25. a. Identify budget source for study. Troy Parr 12/14/15 Transfer of funds from #07‐009 Building Demolitions was approved by Finance Committee 12/14/15. b. Draft and release Request For Proposals (RFP). c. Draft and award contract. Engineering Dept. Engineering Dept. d. Conduct study. GEI Fall 2016 e. Present Final Report to OBC Engineering Dept. / GEI Fall 2016 Draft Report submitted. 1/28/16 3/14/16 Issued 1/9/16; 4 proposals received and scored 1/28/16. GEI Consultants, Inc. approved, Notice to Proceed issued. Draft Report submitted. Will need information from additional monitoring wells on parcel to the east to finalize report. a. Include budget request in annual fiscal year CIP Budget request. Engineering Dept. 6/16/16 Funding requested in FY2017 CIP Budget request. Request did not make final proposed CIP Budget. There is an unobligated balance remaining on current funding. a. Define specific scope of work with Technical Team. Engineering Dept. T.B.D. Waiting on Hydrogeology Study results. b. Drain tile installation. CW&S Dept. T.B.D. Waiting on completion of item 5.a. G:\ENG\Projects\14‐002 Cemetery\Misc\14‐002 Work Plan.docx 1 Page 95 of 342 WORK PLAN Cemetery Improvements Project #14‐002 No. 6 Description Raise grades between existing plateaus. 7/19/16 Task Coordinator Estimated Completion Date Prepare Construction Documents to define scope of work and allow bidding of work. Vendor/ Engineering Dept. T.B.D. Waiting on Hydrogeology Study results. b. Request bids and award construction contract. Engineering Dept. T.B.D. Waiting on completion of item 6.a. c. Construction Vendor T.B.D. Waiting on completion of item 6.b. Notes Contingent upon results of Hydrogeology Study. If study results confirm this is an appropriate action, work will commence as funding allows. Tasks a. G:\ENG\Projects\14‐002 Cemetery\Misc\14‐002 Work Plan.docx 2 Status Page 96 of 342 Consulting Engineers and Scientists Oneida Cemetery Improvements – Hydrogeologic Study Oneida Cemetery Oneida, Wisconsin Submitted to: Oneida Nation P.O. Box 365 Oneida, Wisconsin 54155 Submitted by: GEI Consultants, Inc. 3159 Voyager Drive Green Bay, Wisconsin 54311 920-455-8200 July 2016 Project 1603850 Paul J. Killian, P.E. Senior Project Engineer Roger A. Miller, P.G., C.P.G. Senior Hydrogeologist Page 97 of 342 Table of Contents Executive Summary 2 1. Introduction 3 2. Conceptual Site Model 2.1 Surface Conditions 2.2 Groundwater Conditions 2.2.1 Site Improvements 2.2.2 Pre-Drainage System Conditions 2.2.3 Post-Drainage System Conditions 2.3 Subsurface Soil Conditions 2.4 Summary of Conditions 2.4.1 Influence of the Neighboring Wetland 2.4.2 Influence of Existing Subsurface Drainage System 2.4.3 Unsaturated Burial Depth 4 4 5 5 5 6 6 7 7 8 8 3. Alternatives for Continued Site Use 3.1 Overview 3.2 Feasible Alternatives 3.2.1 Maintain Typical Burial Practices 3.2.2 Add Fill and Drainage to Raise Site Elevations 3.2.3 Expand Existing Subsurface Drainage System 3.2.4 Replace Subsurface Soil with Permeable Fill 3.3 Evaluation of Alternatives 10 10 10 11 11 12 13 13 4. Conclusions and Recommendations 4.1 Groundwater Control 4.2 Modifying Perceptions and Practices 4.3 Surface Water Management 4.4 Groundwater Monitoring 4.5 Expansion to the East 14 14 14 15 15 15 5. References 16 GEI Consultants, Inc. i Page 98 of 342 Tables Table 1 Summary of Mitigation Alternatives Figures Figure 1 Site Location Map Figure 2 Geoprobe and Monitoring Well Location Diagram Figure 3 Groundwater Contour Map 3/12/2008 Figure 4 Groundwater Contour Map 4/6/2016 Figure 5 Cross Section A-A’ Figure 6 Cross Section B-B’ Figure 7 Depth to Groundwater, Average 3rd Quarter Figure 8 Depth to Groundwater, Average 1st, 2nd and 4th Quarter Figure 9 Probability of Depth to Groundwater Greater Than 6 Feet Figure 10 Cemetery Site Plan Appendices Appendix A Groundwater Elevation Records Appendix A Drainage System Discharge Records Precipitation Records Appendix B Soil Boring Logs and Monitoring Well Construction Forms Appendix C Private Well Logs PJK:cah Document1 GEI Consultants, Inc. ii Page 99 of 342 Executive Summary GEI Consultants, Inc. (GEI) was retained by the Oneida Nation to complete a hydrogeologic study of the cemetery property located south of West Adam Drive in Brown County, Wisconsin. The purpose of the hydrogeologic study was to characterize conditions influencing groundwater flow and correspondingly the burial depth which could be achieved during operation of the cemetery. Alternatives for mitigating site conditions to maintain an unsaturated burial depth of at least 6 feet were identified and evaluated based on several criteria. Results of the hydrogeologic study indicate groundwater elevations, flow direction and surface water interaction are controlled by topography, subsoil conditions and regional and local drainage features. The cemetery property is situated on a local surface water divide with topography directing surface water drainage south, north, northeast and northwest. In general, the water table beneath the site mimics surface topography and surface water flow directions, with local flow components north, south, east and west. The subsurface drainage system installed in 2013, while successfully collecting groundwater, has limited influence in the silty clay subsoil environment. Raising surface elevations by adding imported fill improves the unsaturated burial depth but also appears to have created groundwater mounds, likely the result of increased pore water pressure from the loading/consolidation of the underlying silty clay. Alternatives for expanding the subsurface drainage system, improving the permeability of subgrade soils and raising site elevations are presented and a comparative evaluation completed. This evaluation concludes that portions of the cemetery can achieve five to six feet of unsaturated burial depth by controlling the environment. Alternatively, continued use of the cemetery can proceed by modifying perceptions and practices to allow burials within saturated soils. One approach will require a construction effort and the other approach will likely require a public outreach and education effort. GEI Consultants, Inc. Page 100 of 342 1. Introduction The property located near the southeast corner of the intersection of County Highway U and West Adam Drive was allocated by the Oneida Nation for use as a cemetery in 2001. The cemetery is located in eastern Brown County, south of the community of Oneida, Wisconsin. The cemetery consists of approximately 12 acres within a 50-acre parcel, partially wooded. The cemetery borders a restored wetland, Where the Water Birds Nest, located to the south. The site is designed to accommodate approximately 1,700 grave sites. Since 2001, the site has been subject to several studies to define the surface and groundwater conditions. Specific studies include the following:  Test pits and a limited feasibility study completed prior to the property allocation in 2001.  Soil borings and groundwater monitoring wells installed in 2007 with monthly records of groundwater elevations generated for approximately twelve months.  Soil geoprobes and three groundwater monitoring wells installed in 2008.  Site improvements completed in 2008 to raise the elevation of the burial sites.  Groundwater monitoring wells were abandoned in fall 2008.  A subsurface drainage system was installed in December 2013 with records of discharge rate measured since that time.  Eight groundwater monitoring wells installed in 2014 with records of groundwater elevations measured since that time.  Additional groundwater monitoring wells and site improvements implemented in 2015.  Four groundwater monitoring wells installed in 2016 with weekly records of groundwater elevations measured since that time. GEI Consultants, Inc. (GEI) was retained by the Oneida Nation to study the existing historical data as well as new information currently being generated, and provide technical conclusions regarding the future use of the site as a cemetery. This report summarizes results of our evaluation of site conditions, including review of existing reports, groundwater and surface water records and regional geologic/hydrogeologic references. Results of the data review are subsequently presented in a Conceptual Site Model (CSM). The CSM provides a summary of the interaction between surface water and groundwater, groundwater flow direction, horizontal and vertical gradients. The CSM is used to organize and communicate information about site characteristics and reflects our interpretation of available information. Based on the CSM, feasible alternatives for managing groundwater elevations to facilitate continued use of the cemetery are presented and evaluated. GEI Consultants, Inc. Page 101 of 342 2. Conceptual Site Model 2.1 Surface Conditions The cemetery property is located in eastern Brown County in an area of relatively flat topography. The elevation of the cemetery property and adjacent land ranges from about +700 to about +710. The cemetery is located approximately 1 mile east of Duck Creek, a regional waterway which controls much of the Oneida watershed. The location of the cemetery property is indicated on Figure 1. Apparent on Figure 1 is County Highway E (Freedom Road) located along a topographic ridge that extends northeast to southwest along the east side of Duck Creek. Also indicated on Figure 1 are the limits of the floodplain, which identifies flood risk boundaries as designated by the Federal Emergency Management Agency (FEMA) and recorded wetlands as designated by the Wisconsin Department of Natural Resources. As indicated in Figure 1, areas neighboring the cemetery include some floodplain or wetland. All surface water drainage from the cemetery ultimately flows northwest to Duck Creek; however, the cemetery property is located within a local surface water divide. Most of the surface water drainage from the south and east portions of the cemetery drain south to a restored wetland, Where the Water Birds Nest. The northeast portion of the cemetery drains east and north while the west portion of the cemetery drains northwest. . Hydrologic Investigations Atlas HA-470, E.L.Oakes and L.J. Hamilton, 1973, place the cemetery property in the Menominee-Oconto-Peshtigo River basin and identify soil deposits as stratified glacial drift consisting of clay, silt and sand lake deposits. The Soil Survey of Brown County (USDA Soil Conservations Service, 1974) provides detailed maps describing shallow soil conditions throughout the county. Soil types identified by the USDA Soil Survey are depicted on Figure 2. As indicated on Figure 2, the USDA Soil Survey characterize soils at the cemetery site primarily as:  Kewaunee Series (KhB) – consisting of silty or loamy material overlying clayey glacial till.  Manistee Series (MeB, MfB) – consisting of loamy fine to medium sand overlying reddish-brown silty clay lacustrine sediment of glacial till. As indicated in Figure 2, the Manistee Series (MfB) extends to the upland portion of property east of the cemetery. Soils characteristic of Where the Water Birds Nest are mapped as Ogden muck and Wauseon loam, poorly drained soils high in organic matter likely remnant of a shallow glacial lake basin. GEI Consultants, Inc. Page 102 of 342 2.2 Groundwater Conditions 2.2.1 Site Improvements Grading and surface drainage improvements were implemented at the cemetery property in 2008. Improvements completed at that time included installing a culvert below the cemetery access road and constructing drainage swales. Portions of the site were filled and graded to raise the ground surface elevation at several of the burial sites in the south and central portion of the cemetery. According to design plans, the burial sites were raised, as much as 4 feet, by constructing a minimum 12-inch sandy drainage layer over the existing grade and covering with sandy fill with at 6 inched of topsoil or 4 inches of hardwood mulch. As indicated previously, a subsurface drainage system was installed in winter 2013. The location of the drain lines are indicated on Figure 2. In general, the primary drain line consists of 6-inch diameter perforated corrugated polyethylene pipe installed to an elevation of approximately +700. Lateral drains constructed of 4-inch diameter perforated pipe extend north and east from the main line as indicated on Figure 2. The main discharge line extends along the south edge of the cemetery and continues west across the adjacent agricultural field to discharge to a surface outfall approximately 500 feet west of the cemetery. The portion of the drain line that extends across the agricultural field is non-perforated. The elevation of the surface outfall is +697.9. Information provided in Appendix A includes and evaluation of discharge records from the drainpipe relative to precipitation data obtained from Austin Straubel International Airport, located approximately 3 miles northeast of the cemetery. Discharge rates recorded at the surface outfall range from less than 5 gallons per minute (gpm) to over 45 gpm. Although there is little direct correlation between available discharge records and rainfall events, seasonal fluctuations and trends are apparent. Discharge rates are generally greater in spring (March, April, and May) and decrease during summer months. Figure 2 indicates the locations of exploration soil borings and groundwater monitoring wells on and adjacent to the cemetery property. Groundwater elevations, and correspondingly, the depth to groundwater, were evaluated relative to the time the subsurface drainage system was installed and additional fill was imported to raise site grades. Records from May 2007 through July 2008 describe conditions prior to construction of the drain line and filling while water level records from March 2014 through the present represent conditions following installation of the subsurface drainage line and other site improvements. 2.2.2 Pre-Drainage System Conditions Groundwater elevations recorded in monitoring wells installed on the cemetery property since 2007 were reviewed relative to precipitation records. Groundwater elevations relative to rainfall are indicated on the graphs provided in Appendix A of this report. Figure 3, a groundwater contour map based on March 2008 data, provides a general illustration of the water table prior to installation of the drain lines. As depicted in Figure 3, the highest groundwater elevation (+ 706.72) was recorded at MW-2 , located near the center of the cemetery property. From the groundwater mound at MW-2, Figure 3 suggests groundwater flow direction is east, west and north at a hydraulic gradient of 1% to 2%. Groundwater elevations GEI Consultants, Inc. Page 103 of 342 recorded in 2007 and 2008 generally depict a groundwater mound near the center of the cemetery property with MW-2 representing the highest groundwater level ranging from about +702 to about +707. 2.2.3 Post-Drainage System Conditions Groundwater elevations recorded since March 2014 are included in the data summarized in Appendix C. The groundwater contour map provided as Figure 4 represents an interpretation of the groundwater table based on water elevations recorded in April 2016. Figure 4 depicts conditions following the installation of the subsurface drainage system in 2013 and following the filling and grading completed in 2008. Conditions mapped in Figure 4 do not represent the highest or lowest conditions recorded, rather, they are considered typical for this time of the year. As indicated in Figure 4, several areas of localized groundwater mounding are apparent in the area north of the subsurface drain line. The elevated groundwater elevations at Well- 10, Well11 and Well-2, suggest groundwater flow direction south toward the drain line and north toward Adam Drive. East and west flow components are also apparent. Groundwater elevation data suggests that groundwater levels increased after the fill was placed in 2008. This is indicated in the information included in Appendix A and depicted on the groundwater contour map provided as Figure 4. When a load is placed on saturated material, the load is fully transferred to the water contained within the pores of the soil. This is known as excess pore water pressure. Over time, the excess pore water pressure is transferred to the soil as the water leaves the pores. If the soil has a high hydraulic conductivity, or the ability to transfer water rapidly, the extra load placed on the water is dissipated relatively quickly. However, if the subsurface has a low hydraulic conductivity, as is the case with the silty clay in the cemetery, the extra load that is placed on the water is dissipated over a longer period of time, and the groundwater level will rise, then fall slowly as the water is dissipated. Infiltration of precipitation through the sandy fill also contributes to water table mounding observed. 2.3 Subsurface Soil Conditions Review of boring logs and private well logs largely confirm results of the soil survey identifying silty clay deposits, with little sand, in the northwest portion of the cemetery property with sand overlying clay encountered in the east and southeast portions of the site. Soil boring logs and well installation diagrams corresponding to the locations shown on Figure 2 are included in Appendix B. Subsurface conditions are illustrated on the geologic cross sections provided by Figure 5 and Figure 6. These cross sections indicate the presence of silty sand deposits in the east portion of the cemetery and how the thickness of the sand deposits generally increase on the property east of the cemetery. This silty sand layer also appears to extend to the south, toward the wetland pond as indicated by the boring log for monitoring well MW-8. The water table is likely within the silty clay deposits in the north and west portions of the cemetery and appears to be within the silty sand material in the areas east and southeast. GEI Consultants, Inc. Page 104 of 342 The glacial deposits overlie bedrock consisting of dolomite of the Galena, Platteville and Decorah formations. Underlying the dolomite, the St. Peter Sandstone is present and is typically the formation from which many of the private water supply wells draw from. Private well logs from properties surrounding the cemetery are provided in Appendix C. As indicated by these private well logs, dolomite bedrock encountered at a depth of 50 to 100 feet and sandstone encountered at a depth of about 120 feet to over 200 feet. USDA Soil Survey maps a bedrock escarpment just south of the cemetery property and east of the wetland pond. Reviewing the soil boring log for MW-8, located south of the wooded area near the north end of the wetland pond, there is a note indicating rock at a depth of 14 feet. Although this may be a boulder, it is also possible that bedrock may be nearer to the surface in the southeast portion of the site than reflected in the private well logs. 2.4 Summary of Conditions 2.4.1 Influence of the Neighboring Wetland The predominant surface water feature in the area south of the cemetery is the restored wetland, Where the Water Birds Nest. This wetland was created by constructing a shallow excavation and controlling the discharge from the drainage way located southwest of the pond. The surface water of the wetland pond initially fluctuated with water levels generally maintained at about elevation +702. In November 2013, outfall conditions were modified to consistently control the wetland pod elevation to +700. Groundwater elevation records from May 2007 through July 2008 represent conditions in the cemetery during which time the pond elevation fluctuated near elevation +702 while subsequent data collected since March 2014 represent conditions under which the wetland pond elevation was controlled at +700. Evaluating the two data sets representing conditions with the pond at elevation near +702 compared to the pond at elevation +700 indicates the following conditions (note that the 20072008 data set was modified by eliminating elevation data from monitoring wells not located on the cemetery property): Average St. Deviation Minimum Maximum Range 2007‐2008 701.55 3.09 695.29 707.13 11.84 2014 + 702.85 2.08 698.35 709.07 10.72 Results indicate no statistically significant difference in the data sets suggesting they each represent the same population of data. Although we do not imply a causal relationship, it is notable that the average, minimum, and maximum values of groundwater elevations on the cemetery property increased after lowering the wetland pond by two feet. The 2014 data also includes the effect of localized water table mounding after fill was imported. Although this could mask some of the effect of lowering the pond elevation, the distance of the cemetery from GEI Consultants, Inc. Page 105 of 342 the pond and the predominance of fine-grained soils between the pond and the cemetery likely mute the influence of the reduced pond level as observed in monitoring wells at the cemetery. Direct comparison of these data sets to evaluate the influence the pond level may have on groundwater elevations is challenging due to several factors including:  Natural variations in groundwater elevations,  The influence of the subsurface drainage system installed in 2013,  The influence of additional fill and grading completed in 2008, and  Differences in monitoring well locations represented by the two data sets. Based on our review of site conditions it is our opinion that the wetland pond south of the cemetery is not significantly influencing groundwater elevations at the cemetery relative to conditions that would exist if the wetland pond was not created. Graphical representation of groundwater elevations provided in Appendix A indicate that most of the time groundwater elevations in the cemetery are greater than +700 suggesting groundwater is recharging the pond. During dry periods where groundwater elevations fall below +700, the pond may be recharging the water table. More detailed monitoring of groundwater conditions between the wetland pond and the cemetery property would be required to further define the hydrologic relationship. 2.4.2 Influence of Existing Subsurface Drainage System Groundwater flow is influenced by topography, geology, and regional and local drainage features. As indicated previously, the cemetery property is situated on a local surface water divide with topography directing surface water drainage south, north, northeast and northwest. The difference in hydraulic conductivity between the silty clay and silty sand deposits will also influence groundwater flow and groundwater elevations. Figure 3 and Figure 4 depict groundwater elevations from a limited number of observation points at a specific time. Actual groundwater flow conditions are more complex than conditions exhibited in these figures. Prior to installation of the subsurface drainage system, groundwater flow was likely similar to surface water flow with variable components to the northwest, north, northeast, southeast, south and southwest. Following installation of the subsurface drainage system and the addition of fill to raise burial sites, groundwater levels remained elevated limiting burial in some areas of the cemetery. Groundwater conditions in the silty sand will be influenced more readily by precipitation events and be more responsive to the subsurface drainage system. Considering conditions depicted in the cross-section shown on Figure 6, the subsurface drain pipe is likely collecting more groundwater from the area to the south with limited influence on the groundwater elevations in the cemetery property to the north. 2.4.3 Unsaturated Burial Depth Groundwater elevations, and correspondingly, the depth to groundwater, may significantly influence the continued use of the property for a cemetery. Groundwater elevations fluctuate over 3 to 7 feet throughout the year. Historical groundwater data provided in Appendix C is graphically summarized to show changes in groundwater elevations from March 2014 through GEI Consultants, Inc. Page 106 of 342 May 2016. As expected, groundwater elevations exhibit seasonal fluctuations and are generally lower during the summer months (third quarter) relative to the other seasons. Groundwater conditions representative of the third quarter of the year are presented in Figure 7 by mapping the average depth to groundwater recorded at monitoring well locations. As indicated in Figure 7, most of the cemetery property maintains over 5 feet of unsaturated depth with some areas south of the access road having over 6 feet of unsaturated depth. Comparatively, the average depth to groundwater recorded in the remaining times of the year (first, second and fourth quarters) are presented in Figure 8. As indicated in Figure 8, areas of the cemetery with an unsaturated depth of over 5 feet are limited to areas immediately adjacent to the subsurface drainage pipe. Based on a statistical evaluation of available groundwater data, the probability of exceeding an unsaturated depth of six feet was determined and results summarized on Figure 9. Monitoring wells MW-9, MW-10, MW-11, and MW-12 have limited data and results are limited to the first and second quarters only. At each of the existing monitoring well locations the probability that an unsaturated thickness of at least six feet varies significantly throughout the year. At monitoring wells located north of the access road (MW-2, MW-4 and MW-6) there is little certainty that an unsaturated depth of six feet will ever be achieved. At some locations in the southeast area of the site (MW-5, MW-7) there is increased potential that at least six feet of unsaturated depth will be present, particularly during the third quarter of the year. The information presented in Figure 9 suggests that, although six feet of unsaturated burial depth may be present during certain times of the year, the probability that conditions will remain unsaturated throughout the remainder of the year is very low. GEI Consultants, Inc. Page 107 of 342 3. Alternatives for Continued Site Use 3.1 Overview The Conceptual Site Model concludes there is a low probability that an unsaturated burial depth of five to six feet can be maintained throughout the cemetery under current conditions. Therefore, continued use of the site would require one of the following general approaches: 1. Modifying site conditions to achieve five to six feet of unsaturated burial depth, or 2. Modifying perceptions and practices to allow burials within saturated soils. Although the scope of this alternatives analysis is largely focused on technical options for modifying site conditions, we briefly explored the potential for cemetery operations under current conditions. GEI contacted several cemetery operators through the Wisconsin Cemetery and Cremation Association and Cemetery Operations Assistance and Solutions, and confirmed that high groundwater in cemeteries is a relatively common condition, particularly in areas with clay subsurface conditions (F. Groh, R. Roberts, G. Porter, personal communication, June 21, 2016). Typical mitigation practices include providing proper grading and drainage conditions, waiting several days until surface water drains to perform burials in the springtime or after heavy rains, and dewatering freshly dug grave sites to remove excess water. In addition, sealed vaults are often used for burials in high groundwater locations as opposed to traditional vaults or grave boxes. Concrete sealed vaults are typically heavy enough to overcome the buoyant forces associated with a sealed vault. A full review of Wisconsin State Statue Chapter 157 does not stipulate a minimum groundwater depth within a cemetery. Modern cemeteries are not considered to be a significant source of groundwater contamination. (Personal communication with Mr. Gary Edelstein, Wisconsin Department of Natural Resources, July 12, 2016). A study completed in Ontario, Canada in 1992 concluded cemeteries do not impact groundwater quality with formaldehyde or nitrogen. 3.2 Feasible Alternatives The feasibility of corrective action alternatives depends on several factors including: 1. Effectiveness - the comparative degree the alternative will achieve a permanent condition of an unsaturated burial depth of five to six feet. The relative practicality of each alternative. 2. Ease of Implementation - the comparative technical and administrative feasibility of alternatives related to the ease or difficulty and complexity of implementation including the availability of materials and services as well as permitting requirements. The relative level of future maintenance required to sustain the alternative. GEI Consultants, Inc. Page 108 of 342 3. Implementation Schedule - the comparative timeliness of the alternatives in terms of achieving conditions under which continued use of the cemetery can proceed. 4. Site Disturbance - relative indication of the qualitative impact to the property as a result of the remedy selection considering aesthetic quality and general public perception. The comparative degree in which the remedy be implemented in such a way to preserve natural features and limit site disturbance. 5. Economic - comparative direct and indirect costs of implementing the alternative, including costs related to design, permitting, construction, equipment, site preparation, labor and reporting. Includes comparative costs associated with maintenance, and costs of performance evaluations, including monitoring and performance reporting. All costs as probable based on estimated disposal, treatment and labor costs and estimated material quantities. The remedial action options discussed herein were developed specific to achieving an unsaturated burial depth of five to six feet. Feasible corrective action alternatives consist of the following: 1. Maintain typical burial practices 2. Add fill, provide drainage features and grade the site to raise surface elevations, 3. Expand the existing subsurface drainage system, and 4. Replace subsurface soil with more permeable fill, add drainage features. Results of the alternatives analysis are summarized on Table 1 and subsequently discussed in greater detail. 3.2.1 Maintain Typical Burial Practices This alternative consists of maintaining typical burial practices which includes completing burials at depths below the water table. We recognize the practical requirement of Wisconsin State Statue 157.114, which states that a cemetery must provide for burials during each season. Historical groundwater elevation data suggests that at some locations in the cemetery, during certain times of the year (particularly the third quarter), the burial depth will be unsaturated. However, encountering an unsaturated condition throughout the year, without implementing groundwater control, is not likely. 3.2.2 Add Fill and Drainage to Raise Site Elevations This alternative consists of placing imported fill across strategic portions of the site, similar to improvements completed in 2008. The purpose of adding fill is to provide a gently sloping grade to help prevent surface water ponding while raising surface elevations to increase burial depth. Adding coarse-grained fill would enhance drainage efficiency and better transmit infiltration to the drains. GEI Consultants, Inc. Page 109 of 342 As discussed previously, the added fill over the site has the potential to induce excess pore water pressure in the clay causing groundwater levels to elevate. Therefore, implementation of this option includes the addition of drainage features, such as wick drains, to control the pore water pressure. Wick drains, also known as Prefabricated Vertical Drains (PVD) and Vertical Strip Drains (VSD), are a ground improvement technique that provides drainage paths for pore water in clay, using prefabricated geotextile filter-wrapped plastic strips with molded channels. The installation of wick drains in addition to properly grading the site will allow for the excess pore water pressure to be dissipated in a shorter period of time. Wick drains consist of synthetic band-shaped material approximately 4 inches wide by ¼ inch thick and are composed of a plastic strip with drainage channels, wrapped in a filter fabric. The installation of the drains is performed using vibratory hammers and/or static methods, and the wick drain layout typically consists of a triangular or square pattern. The water flows through the drainage material vertically to a natural or constructed drainage feature. To achieve five to six feet of unsaturated burial depth, we estimate the elevation of the existing grade would need to be raised two to three additional feet. This will create elevated burial plots which could be as high as six or seven feet above the existing access road elevation. Aesthetically, this may not be an attractive alternative although landscaping and walking trails could be incorporated to soften the effect of the grade changes. Similar to other alternatives discussed, this approach can be limited to portions of the cemetery site as opposed to the entire property. Specifically areas designated in the cemetery site plan (Figure 10) Area A, B, C located on the west end of the site, Area F, G and Area J, K located in the center of the site south of the access road. By adding additional fill to the site, the underlying clay soils will likely settle, which could affect the surface grading across the site and increase maintenance requirements related to this alternative. Adding the wick drains will accelerate the settlement and reduce the impact to future structures such as headstones. 3.2.3 Expand Existing Subsurface Drainage System This alternative consists of placing additional drain tile throughout the site. Due to the finegrained nature and low permeability of the silty clay soils, the influence of subsurface drain pipe will be limited. To be effective in controlling groundwater levels, a network of drain pipe, installed less than ten feet apart would be necessary. Conceptually, the drain lines would be installed between each row of burial plots which would provide an anticipated spacing of eight to ten feet. As an alternative to mitigating the entire cemetery property, the installation of additional subsurface drain pipe could initially be limited to those areas of the cemetery designated as family plots with additional drain lines added for future need. Additional drain lines located south of the access road could be installed to drain to the existing header pipe. Drain pipe installed north of the access road may require an active lift station consisting of a manhole and discharge pump. As the system expands additional lift stations may be necessary. GEI Consultants, Inc. Page 110 of 342 3.2.4 Replace Subsurface Soil with Permeable Fill The silty clay soil which is predominant throughout most of the cemetery property is poorly drained requiring additional drainage features to control groundwater elevations. By removing the silty clay and replacing it with imported sand fill, drainage and groundwater control could be improved. Construction of the Oneida Fishery Restoration Project located near the northwest corner of the intersection of CTY U and Crook Road in Outagamie County provides the opportunity for importing sand fill to the cemetery site. The Fishery Restoration Project consists of approximately 80 acres, portions of which will be excavated to expand an existing lake. This alternative consists of completely replacing the subsurface with sandy soil generated from the lake expansion. Replacing the silty clay with sandy soil will improve subsurface drainage and increase the effectiveness of the existing and future subsurface drainage system. The sand backfill alone will not result in an increased unsaturated burial depth and may actually cause an increase in groundwater elevations as water accumulates in the sand backfill. Accordingly, this option should not be implemented without expanding the subsurface drainage system and installing a surface cover constructed of less permeable clay material. Anticipated earthwork quantities to improve approximately 4.5 acres of the site are estimated at approximately 30,000 cubic yards of excavation (about 1,800 truckloads), approximately 25,000 cubic yards of imported sand and reuse of approximately 5,000 cubic yards of clay to construct a surface cover. 3.3 Evaluation of Alternatives Table 1 provides a detailed comparative evaluation of each remediation alternative with regard to the evaluation criterion. Comments regarding advantages, limitations, and comparative similarities and differences of the individual alternatives are also provided. Table 1 also includes a numerical score based on the order of preference of the alternatives relative to one another. As indicated in Table 1, each criterion includes a weighting factor which can influence the final weighted ranking of alternatives. The weighting factor allows an evaluation of alternatives based on the relative importance of a specific condition such as cost or effectiveness. Results of the comparative evaluation of remedial action alternatives conclude that, unweighted, the alternative of maintaining typical burial practices is the highest ranked option for continued use of the site. This is largely due to the low cost, no site disturbance, and ease of implementation. However, the effectiveness of this option is comparatively low and does not result in a permanent unsaturated burial depth. Modifying the weighting factor to increase the relative importance of the effectiveness reduces the attractiveness of this alternative and suggests site dewatering, with or without the addition of fill, would be an appropriate solution. The numerical scoring and ranking system presented in Table 1 is not intended to result in a definitive solution. Rather, it is intended to present the relative benefits and comparative disadvantages of each alternative relative to evaluation criteria selected. GEI Consultants, Inc. Page 111 of 342 4. Conclusions and Recommendations 4.1 Groundwater Control Recommendations for continued site use largely depend on whether a five to six foot unsaturated burial depth is a controlling factor in completing burials at this site. If an unsaturated burial depth is required at all times throughout the year, we recommend expanding the existing subsurface drainage system and importing additional fill as necessary. As previously concluded, unless perceptions and practices are modified to accept burial within saturated soil, groundwater control will be necessary to consistently lower groundwater elevations. The evaluation of feasible alternatives indicates the option of replacing the clay subsoil with a sandy backfill is a potentially costly effort which requires significant site disturbance to achieve. Conversely, limiting burials to only the dry time of the year does not prevent groundwater from migrating into burial sites during other times of the year. Therefore, constructing a more extensive subsurface drainage system with the potential to increase ground surface elevations is likely the most practical approach for continued use of the cemetery. To reduce the cost of implementing site mitigation efforts, we recommend focusing groundwater control on those areas of the cemetery where there is the greatest potential for success. Specifically, we recommend that Area H and Area I, (identified on Figure 10) located in the northeast portion of the property, be reserved for a use other than burial plots. Mitigating this area to control groundwater elevations would be challenging. Alternatively this area may be used for reforestation, parking or other gathering space. Further limiting the areas requiring mitigation should also be considered. For example, mitigation of Areas D and E, located north of the access road, could be limited to Rows 1 and 2; Areas F and G could be limited to Rows 1 through 5 and Areas J and K could be limited to Rows 1 through 4. A subgrade drainage system consisting of drainage pipe installed to an elevation of +700 between each row is expected to maintain groundwater levels below an elevation of +702. Establishing a surface grade of +708 in these areas should provide the desired five to six feet of unsaturated burial depth. 4.2 Modifying Perceptions and Practices The potential to continue cemetery operations under current conditions was explored. This would require the modification of perceptions that burials need to occur in unsaturated ground. High groundwater in cemeteries is a relatively common condition, particularly in areas with shallow clayey soils. As an alternative to maintaining an unsaturated burial depth, incorporating sealed vaults, providing proper grading and drainage conditions, waiting several days until surface water drains, and dewatering freshly excavated grave sites to remove excess water can be GEI Consultants, Inc. Page 112 of 342 practiced, eliminating the need for engineered groundwater control. These are typical mitigation practices used in cemeteries with elevated water tables. 4.3 Surface Water Management The filling and grading completed in 2008 appears to have reduced the surface water ponding issues previously experienced. Although significant rainfall events will likely result in temporary flooding, proper drainage and site grading currently being practiced should reduce the extended impact of these events. We recommend surface water runoff be directed away from the site through existing drainage ditches. Grading and filling should be completed to limit the amount of surface water that can enter the existing (or future) subsurface drainage systems. 4.4 Groundwater Monitoring The benefit of continued groundwater monitoring also depends on whether an unsaturated burial depth is a requirement for continued site use. If it is deemed acceptable to complete burials below the water table, the benefit of continued groundwater monitoring would be limited and frequent groundwater monitoring could be discontinued. If documentation of an unsaturated burial depth is necessary, we recommend that groundwater conditions be monitored following implementation of the selected mitigation alternative. Monitoring of groundwater elevations can be limited to the areas of the site at which future burials will occur. This includes Areas A, B and C at the west portion of the site; Areas D and E south of the access road; Areas F, G, J, and K located north of the access road; and Areas L through W at the northeast end of the site. As an alternative to installing conventional groundwater monitoring wells, it may be less obtrusive to install pneumatic or vibrating wire piezometers to monitor groundwater elevations (as pressure head) at critical locations. These piezometers convert water pressure to a frequency signal via a diaphragm such that a change in pressure on the diaphragm causes a change in the frequency signal transmitted to the readout device. The piezometers can be grouted in a borehole and wired to a common surface monitoring location. Advantages include reducing the surface casing visible throughout the cemetery, limiting the field monitoring effort and providing consistent data. 4.5 Expansion to the East According to soil boring and logs generated from exploration borings, the subsurface transitions from clay to primarily silty sand on the property located east of the cemetery. Monitoring wells previously installed on this property indicate adequate depth to groundwater to allow unsaturated burials. We understand additional groundwater monitoring wells will be installed on this property and groundwater elevations will be collected seasonally. Results of this groundwater monitoring will confirm the potential use of that property for expanding the cemetery and assist in defining specific limits for burial sites. GEI Consultants, Inc. Page 113 of 342 5. References E.L.Oakes and L.J. Hamilton (1973) Hydrologic Investigations Atlas HA-470 MenomineeOconto-Peshtigo River Basin, United States Geologic Survey. Graef, Anhalt, Schloemer & Associates, Inc. (2007). Oneida Cemetery Groundwater Monitoring Project Oneida CIP Project #06-008, Oneida, Wisconsin. Prepared for Oneida Tribe of Indians of Wisconsin, October 2007. Graef, Anhalt, Schloemer & Associates, Inc. (2008). Final Monitoring Well Observations – Oneida Cemetery Groundwater/Stormwater Corrections. Prepared for Oneida Tribe of Indians of Wisconsin, March 12, 2008. Graef, Anhalt, Schloemer & Associates, Inc. (2008). Additional Monitoring Well/Geoprobe Drilling Soils and Groundwater Observations – Oneida Cemetery Groundwater/Stormwater Corrections. Prepared for Oneida Tribe of Indians of Wisconsin, July 8, 2008. Graef, Anhalt, Schloemer & Associates, Inc. (2008). Ground/Storm Water Corrections Drawing Sheet Set. Prepared for Oneida Tribe of Indians of Wisconsin, July 2008. Chan, G.Soo, Scafe, M. and Emami, S., (1992) Cemeteries and Groundwater an Examination of the Potential Contamination of Groundwater by Preservatives Containing Formaldehyde. Ontario Ministry of the Environment, February 1992. Midwest Engineering Services (2001). Test Pit Observations and Limited Site Feasibility Analysis – Proposed Non-Denominational Cemetery, Adam Drive and County Highway U, Town of Hobart, Wisconsin. Prepared for Oneida Tribe of Indians of Wisconsin, July 31, 2001. Midwest Engineering Services (2014). Test Pit Observations and Limited Site Feasibility Analysis – Proposed Non-Denom [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2309c6a9bfc8c3fc. Public record. Not legal advice.