# Oneida Business Committee (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A407991383f3bafc3 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 417 Oneida Business Committee Executive Session 8:30 AM Tuesday, October 08, 2019 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, October 09, 2019 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING A. Special Recognition for Years of Service Sponsor: Geraldine Danforth, Area Manager/Human Resources B. Special Recognition of Lee Gordon "Gordy" McLester Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs III. ADOPT THE AGENDA IV. OATH OF OFFICE V. A. Oneida Community Library Board - Waehiahoweh Maracle Sponsor: Lisa Summers, Secretary B. Public Safety Pension Board - Stacy Prevost Sponsor: Sandra Reveles, Chair/Oneida Police Commission C. Oneida Police Department - Brandon Davis and Dustin Muenster Sponsor: Sandra Reveles, Chair/Oneida Police Commission MINUTES A. Approve the September 25, 2019, regular Business Committee meeting minutes Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 6 October 09, 2019 Public Packet VI. VII. VIII. 2 of 417 RESOLUTIONS A. Consider resolution entitled Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-017 Food Innovation Center - Business Plan Sponsor: Debbie Thundercloud, General Manager B. Consider resolution entitled Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-019 SRS Strategic Acquisition – Loan Request Sponsor: Debbie Thundercloud, General Manager C. Consider resolution entitled Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-021 OESCG – Seven Generations Corporation Loan Request Sponsor: Debbie Thundercloud, General Manager D. Adopt resolution entitled Appointment of Councilwoman Jennifer Webster to the Center for Medicare & Medicaid Services Tribal Technical Advisory Group Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs E. Adopt resolution entitled Appointing Delegates to the National Congress of American Indians Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs APPOINTMENTS A. Determine next steps regarding three (3) vacancies - Oneida Election Board Sponsor: Lisa Summers, Secretary B. Determine next steps regarding two (2) vacancies - Oneida Pow-wow Committee Sponsor: Lisa Summers, Secretary C. Determine next steps regarding one (1) vacancy - Oneida Personnel Commission Sponsor: Lisa Summers, Secretary D. Determine next steps regarding five (5) Pro Tem vacancies - Oneida Personnel Commission Sponsor: Lisa Summers, Secretary STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. Accept the October 2, 2019 regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 2 of 6 October 09, 2019 Public Packet IX. 3 of 417 2. Adopt resolution entitled Curfew Law Sponsor: David P. Jordan, Councilman 3. Adopt resolution entitled Curfew Law Penalty and Fine Schedule Sponsor: David P. Jordan, Councilman 4. Approve the Oneida Gaming Commission bylaws amendments Sponsor: David P. Jordan, Councilman 5. Approve the Oneida Nation Arts Board bylaws amendments Sponsor: David P. Jordan, Councilman 6. Approve the Oneida Nation Commission on Aging bylaws amendments Sponsor: David P. Jordan, Councilman 7. Approve the Pardon and Forgiveness Screening Committee bylaws amendments Sponsor: David P. Jordan, Councilman 8. Approve the Southeastern Oneida Tribal Services Advisory Board bylaws amendments Sponsor: David P. Jordan, Councilman 9. Approve the Oneida Nation School Board bylaws Sponsor: David P. Jordan, Councilman 10. Approve the Oneida Land Commission bylaws amendments Sponsor: David P. Jordan, Councilman TRAVEL REPORTS A. Approve the travel report - Councilwoman Jennifer Webster - Tribal Self Governance Advisory Committee meeting - Washington DC - January 22-25, 2019 Sponsor: Jennifer Webster, Councilwoman B. Approve the travel report - Councilwoman Jennifer Webster - Tribal Self Governance Advisory Committee meeting - Washington DC - April 23-25, 2019 Sponsor: Jennifer Webster, Councilwoman C. Approve the travel report - Councilman Kirby Metoxen - American Indian Tourism Conference - Tulsa, OK - September 15-19, 2019 Sponsor: Kirby Metoxen, Councilman D. Approve the travel report - Treasurer Trish King - Treasury Tribal Advisory Committee meeting & Souteastern Oneida Tribal Services meeting - Washington DC - September 17-18, 2019 Sponsor: Trish King, Treasurer Oneida Business Committee Regular Meeting Agenda Page 3 of 6 October 09, 2019 Public Packet X. XI. XII. 4 of 417 TRAVEL REQUESTS A. Approve the travel request - Secretary Lisa Summers - 8th Annual Partners in Action Conference - St. Paul, MN - November 4-7, 2019 Sponsor: Lisa Summers, Secretary B. Approve the travel request - Secretary Lisa Summers - 2019 Midwest Alliance of Sovereign Tribes Fall Meeting - Carlton, MN - November 7-8, 2019 Sponsor: Lisa Summers, Secretary C. Enter the e-poll results into the record regarding the approve travel request Chairman Tehassi Hill and Vice-Chairman Brandon Stevens - Democratic Presidential Primary Debate - Westerville, OH - October 15-16, 2019 Sponsor: Lisa Summers, Secretary D. Enter the e-poll results into the record regarding the approved travel request Secretary Lisa Summers - TribalNet Conference and Tradeshow - Nashville, TN November 10-15, 2019 Sponsor: Lisa Summers, Secretary NEW BUSINESS A. Approve the attorney contract - Oneida Gaming Commission legal counsel - file # 2019-1082 Sponsor: Mark A. Powless, Chair/Oneida Gaming Commission B. Approve an exception to resolution # BC-12-27-16-A and hold both the regular and executive discussion meetings on Wednesday, October 23, 2019, at 8:30 a.m. Sponsor: Tehassi Hill, Chairman C. Re-post one (1) vacancy - Oneida Environmental Resource Board Sponsor: Lisa Summers, Secretary GENERAL TRIBAL COUNCIL A. Select the tentative date and time for the special General Tribal Council meeting regarding Sustain Oneida Sponsor: Lisa Summers, Secretary B. Approve notice and materials for the December 2, 2019, tentatively scheduled reconvened semi-annual GTC meeting Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 4 of 6 October 09, 2019 Public Packet XIII. 5 of 417 EXECUTIVE SESSION A. B. C. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the Intergovernmental Affairs Director special report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs AUDIT COMMITTEE 1. Accept the August 22, 2019, regular Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Craps Rules of Play compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 3. Accept the Table Games compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 4. Accept the Intergovernmental Affairs/Communications performance assurance audit and lift the confidentiality requirement Sponsor: Lisa Summers, Secretary 5. Accept the Internal Services Division-Administration performance assurance audit and lift the confidentality requirement Sponsor: David P. Jordan, Councilman 6. Accept the Oneida Community Library perfomance assurance audit and lift the condfidentiality requirement Sponsor: David P. Jordan, Councilman 7. Accept the Oneida Engineering Science & Construction Group LLC performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 8. Accept the Oneida Family Fitness performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 9. Accept the Transit Department performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. Approve the attorney contract - Oneida Law Office staff attorney - file # 20191119 Sponsor: Jo Anne House, Chief Counsel Oneida Business Committee Regular Meeting Agenda Page 5 of 6 October 09, 2019 Public Packet XIV. 6 of 417 2. Consider resolution entitled Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-018 Wingate Renovation – Loan Request Sponsor: Debbie Thundercloud, General Manager 3. Consider resolution entitled Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-020 Retail – Business & Marketing Plan Sponsor: Debbie Thundercloud, General Manager 4. Review applications for three (3) vacancies - Oneida Election Board Sponsor: Lisa Summers, Secretary 5. Review applications for two (2) vacancies - Oneida Pow-wow Committee Sponsor: Lisa Summers, Secretary 6. Review applications for one (1) vacancy - Oneida Personnel Commission Sponsor: Lisa Summers, Secretary 7. Review applications for five (5) Pro Tem vacancies - Oneida Personnel Commission Sponsor: Lisa Summers, Secretary 8. Review charges related to Business Committee Corporate Credit Card SOP § 3.5 Sponsor: Lisa Summers, Secretary 9. Discuss Employee Health Plan Rollout Sponsor: Trish King, Treasurer 10. Discussion with BC-DR09 (8:30 a.m.) Sponsor: OBC Officers ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) 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 about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 6 of 6 October 09, 2019 Public Packet Special Recognition for Years of Service 7 of 417 Public Packet 8 of 417 Public Packet 9 of 417 YEARS OF SERVICE RECIPIENTS 4TH QUARTER 2019 JULY - SEPTEMBER NAME SUPERVISOR DOH YOS OCTOBER 9TH GROUP 1 SCHUYLER,SHIRLEY J FUSS,CHAD M Jul 10, 1979 40 CORNELIUS,HENRIETTA STEMPSKI,WILLIAM J Sep 24, 1979 40 VANWYCHEN,TERRY A WILDENBERG,JAMES D Aug 17, 1979 40 DOXTATOR,MICHELE M HILL,JR,TEHASSI TASI W Sep 21, 1984 35 SKENANDORE,THERESA M DANFORTH,MELINDA K Aug 1, 1984 35 TORREZ,THERESA M NINHAM,PAMELA F Sep 4, 1984 35 HILL,C S VANSCHYNDEL,TAMARA J Jul 10, 1984 35 SKOLASKI,CHERYL SUMMERS,LISA Sep 24, 1984 35 CORNELIUS,CALVIN L RENTMEESTER,KEVIN S Aug 7, 1989 30 METOXEN,MARY E BRAATEN,BLAIR A Sep 18, 1989 30 JOURDAN,TINA L CORNELIUS,JR,RONALD Sep 25, 1989 30 JOURDAN,MICHAEL L DOXTATER,SALLY A Aug 31, 1989 30 JOURDAN,VICTORIA A KING,KATHLEEN E Jul 14, 1989 30 THOMAS,MAXINE MOUSSEAU,SHARON A Jul 14, 1989 30 NINHAM,FAYE A NEVILLE,LUCY A Sep 11, 1989 30 OSTERBERG,ANTOINETTE PEGUERO,YVETTE M Aug 17, 1989 30 THOMAS,CYNTHIA A SKENANDORE,ARTLEY Sep 3, 1989 30 WILLIAMSON,SARAH PEGUERO,YVETTE M Aug 17, 1989 30 KOLITSCH,BARBARA A NEVILLE,LUCY A Aug 17, 1989 30 SIELOFF,SANDY M SLABY,LISA L Sep 25, 1989 30 DUQUAINE,LINDA M PREVOST,JEFFREY L Jul 1, 1994 25 OROSCO,LEYNE C JORDAN,DAVID P Jul 4, 1994 25 SILVA,CAROL STRONG,LOIS Jul 5, 1994 25 REDHAIL,ROY A SKENANDORE,ARTLEY Aug 8, 1994 25 24 Public Packet 10 of 417 Oneida Business Committee Agenda Request Special Recognition of Lee Gordon "Gordy" McLester 1. Meeting Date Requested: 10 / 9 / 19 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Announcement/Recognition Accept as Information only Action - please describe: Recognition of Lee Gordon "Gordy" McLester for his decades of work for the Oneida Nation. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Melinda J. Danforth, Director/Intergovernmental Affairs Primary Requestor/Submitter: Barbara "Bobbi" Webster, Director/Public Affairs Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 11 of 417 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: On August 27, 2019, the following request was submitted to the Oneida Business Committee Officers by Bobbi Webster: "For some time I have thought about requesting the OBC to recognize and honor Gordy McLester for the decades of work and dedication he has demonstrated to the Oneida Nation and greater community. I have written a brief description of his accomplishment, to my knowledge. I first remember Gordy singing with a small drum group in front of the Civic Center as we dedicated the opening of that facility back about 40 or more years ago. I was one of the dancers along with others. Gordy has been a catalyst for both change and maintaining our traditions as Oneida people. One quote I remember and admire from him was when we were doing some work on the history of Oneida and there were actually arguments, if you can imagine that…. About what is a traditional Oneida songs. Gordy said, “I was raised here and in the Holy Apostles Church and Oneida singers are a part of my traditions, I don’t care what anyone says.” That struck me as being right on. We define our own traditions by how we are raised. I would like to respectfully ask the OBC to publicly recognize and honor this man for his contributions to our nation. I know there are many people in our history who have contributed much as well, I just humbly request we do this soon." After consulting with the Oneida Business Committee, there was general consensus to support this request for a special recognition. Bobbi Webster, Public Affairs Director, has coordinated an recognition to take place at the start of the October 9, 2019, regular Business Committee meeting. 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 Public Packet 12 of 417 Oneida Business Committee Agenda Request Oneida Community Library Board - Waehiahoweh Maracle 1. Meeting Date Requested: 10 / 09 / 19 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 Waehiahoweh Maracle for the Oneida Community Library Board. 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, Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 13 of 417 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: On September 11, 2019 the Oneida Business Committee appointed Waehiahoweh Maracle to the Oneida Community Library Board. 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 Public Packet 14 of 417 Oneida Business Committee Agenda Request Public Safety Pension Board - Stacy Prevost 1. Meeting Date Requested: 10 / 09 / 19 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 the Oath of Office to Stacy Prevost to serve a two year term on the Oneida Public Safety Pension Board. 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: Eric Boulanger, Chief of Police Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 15 of 417 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Administer the Oath of Office to the following individuals for a two year term to the the Oneida Public Safety Pension Board: Stacy Prevost 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 Public Packet 16 of 417 Oneida Business Committee Agenda Request Oneida Police Department - Brandon Davis and Dustin Muenster 1. Meeting Date Requested: 10 / 09 / 19 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: Sandra Reveles, Police Commission Chairperson Primary Requestor/Submitter: Eric Boulanger, Chief of Police Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 17 of 417 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Oath of Office for two (2) new hires: Officers: Brandon Davis Dustin Muenster 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 Public Packet 18 of 417 Approve the September 25, 2019, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 10/09/19 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☒ Minutes ☐ Fiscal Impact Statement ☐ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Summers, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 19 of 417 DRAFT Oneida Business Committee Executive Session 8:30 AM Tuesday, September 24, 2019 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, September 25, 2019 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Ernie Stevens III, Jennifer Webster; Not Present: n/a Arrived at: Chairman Tehassi Hill at 9:15 a.m., Councilman Kirby Metoxen at 9:10 a.m.; Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Melinda J. Danforth, Lisa Liggins, Laura Laitinen‐Warren, Jessica Wallenfang, Candice Skenandore; REGULAR MEETING Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Councilmembers: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: n/a Arrived at: Vice-Chairman Brandon Stevens at 8:33 a.m.; Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Teresa Schuman, Jerry Cornelius, Ben Skenandore, Art Cornelius, Gerald W. Jordan, Dale Webster, Larry D. Jordan, Bonnie Pigman, Alva Fiddler, Joshua Hicks, Melanie Burkhart, Tonya Webster, April Skenandore; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:31 a.m. For the record: Vice-Chairman Brandon Stevens will be arriving late. II. OPENING (00:00:29) Opening provided by Chairman Tehassi Hill. Vice-Chairman Brandon Stevens arrived at 8:34 a.m. A. Special Recognition for Year of Service Item deleted at the adoption of the agenda. Oneida Business Committee Regular Meeting Minutes Page 1 of 15 September 25, 2019 Public Packet 20 of 417 DRAFT III. ADOPT THE AGENDA (00:03:10) Motion by David P. Jordan to adopt the agenda with four (4) changes [1) delete item II.A. Special Recognition for Years of Service; 2) correct title of item IV.C., delete "Officer"; 3) add item "Adopt resolution entitled Guidance to Implement Good Governance Principles for Conducting Public Affairs and Managing Public Resources" after item VI.C; and 4) add item VIII.E. Approve the travel request in accordance with § 219.16-1- Seven (7) employees - 2019 Badger TraCS User Conference - Stevens Point, WI - October 15-16, 2019], seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster IV. OATH OF OFFICE (00:04:40) Oaths of Office administered by Secretary Lisa Summers. Gerald Jordan, Weldon "Ted" Hawk, Angela Parks, Nathan Ness, Alexis Woelfel, and Larry Jordan were present. Waehiahoweh Maracle and Stacy Prevost were not present. V. A. Oneida Community Library Board - Waehiahoweh Maracle Sponsor: Lisa Summers, Secretary B. Oneida Environmental Resource Board - Gerald Jordan, Weldon "Ted" Hawk, and Angela Parks Sponsor: Lisa Summers, Secretary C. Public Safety Pension Board - Nathan Ness, Stacy Prevost, Alexis Woelfel, and Larry Jordan Sponsor: Sandra Reveles, Chair/Oneida Police Commission MINUTES A. Approve the revised August 29, 2019, quarterly reports Business Committee meeting minutes (00:08:12) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to approve the revised August 29, 2019, quarterly reports Business Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster B. Approve the September 11, 2019, regular Business Committee meeting minutes (00:08:45) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to approve the September 11, 2019, regular Business Committee meeting minutes, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 2 of 15 September 25, 2019 Public Packet 21 of 417 DRAFT VI. RESOLUTIONS A. Adopt resolution entitled Interpreting “Fiscal Impact Statement” in the Legislative Procedures Act (00:09:09) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to adopt resolution 09-25-19-A Interpreting “Fiscal Impact Statement” in the Legislative Procedures Act, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster B. Adopt resolution entitled Updated Statement of Effect Requirement for Resolutions (00:15:27) Sponsor: David P. Jordan, Councilman Motion by Brandon Stevens to adopt resolution 09-25-19-B Updated Statement of Effect Requirement for Resolutions, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster C. Adopt resolution entitled Support for Great Law Recital in Oneida Nation Community (00:17:53) Sponsor: Tehassi Hill, Chairman and Trish King, Treasurer Motion by Lisa Summers to adopt resolution 09-25-19-C Support for Great Law Recital in Oneida Nation Community, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 3 of 15 September 25, 2019 Public Packet 22 of 417 DRAFT D. Adopt resolution entitled Guidance to Implement Good Governance Principles for Conducting Public Affairs and Managing Public Resources (00:29:51); (02:18:23) Sponsor: Trish King, Treasurer Motion by Lisa Summers to adopt the resolution entitled Guidance to Implement Good Governance Principles for Conducting Public Affairs and Managing Public Resources with one (1) noted correction [in line 9, correct "Oneida Tribe of Indians of Wisconsin" to "Oneida Nation"], seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Item VI.E. is addressed next. Motion by Lisa Summers to rescind the previous action which adopted the resolution entitled Guidance to Implement Good Governance Principles for Conducting Public Affairs and Managing Public Resources, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Motion by Lisa Summers to adopt the corrected resolution 09-25-19-D Guidance to Implement Good Governance Principles for Conducting Public Affairs and Managing Public Resources, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Item XI.A. is addressed next. Oneida Business Committee Regular Meeting Minutes Page 4 of 15 September 25, 2019 Public Packet 23 of 417 DRAFT E. Adopt resolution entitled Triennial Goals – Trending – Budget Guidance Resolution (00:38:08); (01:54:10) Sponsor: Trish King, Treasurer Councilman Daniel Guzman King left at 9:21 a.m. Councilman Daniel Guzman King returned at 9:27 a.m. Motion by David P. Jordan to table resolution entitled Triennial Goals – Trending – Budget Guidance Resolution to later in the agenda, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Opposed: Daniel Guzman King Item VI.F. is addressed next. Motion by Brandon Stevens to take this item from the table , seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III Motion by Lisa Summers to adopt resolution 09-25-19-E Triennial Goals – Trending – Budget Guidance Resolution, including the additional lines 167-169 as provided in the handout, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Opposed: Daniel Guzman King Not Present: Ernie Stevens III Councilman Daniel Guzman King left at 11:09 a.m. Councilman Daniel Guzman King returned at 11:09 a.m. Councilman David P. Jordan left at 11:09 a.m. Councilman David P. Jordan returned at 11:12 a.m. Item XI. is addressed next. Oneida Business Committee Regular Meeting Minutes Page 5 of 15 September 25, 2019 Public Packet 24 of 417 DRAFT F. Adopt resolution entitled Approve Changes to the Enterprise 401(k) Plan (00:57:43) Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Summers to adopt resolution 09-25-19-F Approve Changes to the Enterprise 401(k) Plan, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster VII. STANDING COMMITTEES A. FINANCE COMMITTEE 1. Approve the September 16, 2019, regular Finance Committee meeting minutes (00:59:03) Sponsor: Trish King, Treasurer Motion by David P. Jordan to approve the September 16, 2019, regular Finance Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Abstained: Lisa Summers B. LEGISLATIVE OPERATING COMMITTEE 1. Accept the September 4, 2019, regular Legislative Operating Committee meeting minutes (00:59:33) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to accept the September 4, 2019, regular Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 2. Adopt Judiciary law rule # 1 - Oneida Trial Court Rules (00:59:57) Sponsor: David P. Jordan, Councilman Motion by Lisa Summers to adopt Judiciary law rule # 1 - Oneida Trial Court Rules, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 6 of 15 September 25, 2019 Public Packet 25 of 417 DRAFT 3. Approve the Anna John Resident Centered Care Community Board bylaws amendments (01:01:39) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to approve the Anna John Resident Centered Care Community Board bylaws amendments with the noted change [in line 93, correct "attend" to "attend or participate in"], seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Motion by David P. Jordan to approve an across-the-board change to the bylaws to include Business Committee Support Office as the entity that signs off on stipends, business reimbursements, and per diem; and that this change be included in the approved Anna John Resident Centered Care Community Board bylaws amendments, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 4. Approve the Oneida Community Library Board bylaws amendments (01:17:13) Sponsor: David P. Jordan, Councilman Motion by Lisa Summers to approve the Oneida Community Library Board bylaws amendments, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Kirby Metoxen Councilman Kirby Metoxen left at 10:12 a.m. 5. Approve the Oneida Election Board bylaws amendments (01:19:34) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to approve the Oneida Election Board bylaws amendments, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Abstained: Brandon Stevens Counilman Kirby Metoxen returned at 10:14 a.m. 6. Approve the Oneida Nation Veterans Affairs Committee bylaws amendments (01:21:09) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to approve the Oneida Nation Veterans Affairs Committee bylaws amendments, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 7 of 15 September 25, 2019 Public Packet 26 of 417 DRAFT 7. Approve the Oneida Police Commission bylaws amendments (01:22:26) Sponsor: David P. Jordan, Councilman Motion by Lisa Summers to approve the Oneida Police Commission bylaws amendments with the three (3) noted changes [1) in line 90, change number of excused absenses to three (3); 2) in line 95, change number of unexcused absenses to two (2); 3) in line 160, correct "attend" to "attend or participate in"], seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 8. Approve the Oneida Pow-wow Committee bylaws amendments (01:31:30) Sponsor: David P. Jordan, Councilman Councilman Ernie Stevens III left at 10:34 a.m. Motion by Jennifer Webster to approve the Oneida Pow-wow Committee bylaws amendments with the three (3) noted changes [1) at line 392, insert “Services related to coordinating the Pow-wow event” to the list of services provided; 2) in line 395, correct “up” to “up and reconciliation after”; and 3) in section 5-2.(a), include language requiring approval by the Oneida Pow-wow Committee for such compensation], seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Jennifer Webster Abstained: Brandon Stevens, Lisa Summers Not Present: Ernie Stevens III C. QUALITY OF LIFE COMMITTEE 1. Accept the August 15, 2019, regular Quality of Life Committee meeting minutes (01:40:02) Sponsor: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster to accept the August 15, 2019, regular Quality of Life Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III VIII. TRAVEL REQUESTS A. Approve the travel request in accordance with § 219.6-1 - Fifteen (15) Oneida Nation Veterans Affairs Committee members - Warriors' Circle of Honor memorial dedication - Washington DC - November 10-13, 2020 (01:40:19) Sponsor: Gerald Cornelius, Chair/ONVAC Motion by David P. Jordan to approve the travel request in accordance with § 219.6-1 for fifteen (15) Oneida Nation Veterans Affairs Committee members to attend the Warriors' Circle of Honor memorial dedication in Washington DC - November 10-13, 2020, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III Oneida Business Committee Regular Meeting Minutes Page 8 of 15 September 25, 2019 Public Packet 27 of 417 DRAFT B. Approve the travel request - Councilman Kirby Metoxen - Treaty Days - Bayfield, WI - September 29-30, 2019 (01:44:36) Sponsor: Kirby Metoxen, Councilman Motion by David P. Jordan to approve the travel request for Councilman Kirby Metoxen to attend the Treaty Days in Bayfield, WI - September 29-30, 2019, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: Kirby Metoxen Not Present: Ernie Stevens III C. Approve the travel request - Councilman Kirby Metoxen - Repatriation of Oneida Children from Carlisle Boarding School - Hudson, WI - October 5-6, 2019 (01:45:24) Sponsor: Kirby Metoxen, Councilman Motion by Lisa Summers to approve the travel request for Councilman Kirby Metoxen to attend the Repatriation of Oneida Children from Carlisle Boarding School in Hudson, WI - October 5-6, 2019, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: Kirby Metoxen Not Present: Ernie Stevens III D. Approve the travel request - Chairman Tehassi Hill, Secretary Lisa Summers, and one (1) additional Business Committee member - National Congress of American Indians 76th Annual Convention & Marketplace - Albuquerque, NM - October 20-25, 2019 (01:46:09) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to approve the travel request for Chairman Tehassi Hill, Secretary Lisa Summers, and Councilman Daniel Guzman King to attend the National Congress of American Indians 76th Annual Convention & Marketplace in Albuquerque, NM - October 20-25, 2019, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III E. Approve the travel request in accordance with § 219.16-1- Seven (7) employees 2019 Badger TraCS User Conference - Stevens Point, WI - October 15-16, 2019 (01:47:10) Sponsor: Sandra Reveles, Chair/Oneida Police Commission Motion by David P. Jordan to approve the travel request in accordance with § 219.16-1 for seven (7) employees to attend the 2019 Badger TraCS User Conference in Stevens Point, WI - October 15-16, 2019, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III Oneida Business Committee Regular Meeting Minutes Page 9 of 15 September 25, 2019 Public Packet 28 of 417 DRAFT IX. NEW BUSINESS A. Review the Complimentary Services or Items (Chapter 7) Oneida Gaming Minimum Internal Controls and determine appropriate next steps (01:48:10) Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission Motion by Brandon Stevens to accept the notice of the Oneida Gaming Minimum Internal Controls for Complimentary Services or Items (Chapter 7) approved by the Gaming Commission on September 5, 2019, and direct notice to the Oneida Gaming Commission there are no requested revisions under § 501.6-14(d), seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Jennifer Webster Abstained: Lisa Summers Not Present: Ernie Stevens III B. Approve the Intergovernmental Agreement between Oneida Nation and Brown County for Consolidation of Public Safety Dispatch - file # 2019-0954 (01:49:25) Sponsor: Sandra Reveles, Chair/Oneida Police Commission Motion by Lisa Summers to approve the Intergovernmental Agreement between Oneida Nation and Brown County for Consolidation of Public Safety Dispatch - file # 2019-0954, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III C. Accept the Oneida Personnel Commission September 2019 update (01:50:15) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to accept the Oneida Personnel Commission September 2019 update, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III Oneida Business Committee Regular Meeting Minutes Page 10 of 15 September 25, 2019 Public Packet 29 of 417 DRAFT X. GENERAL TRIBAL COUNCIL A. Accept the Fiscal Year 2021 budget calendar (01:50:48) Sponsor: Trish King, Treasurer Motion by Jennifer Webster to accept the Fiscal Year 2021 budget calendar, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III Motion by Lisa Summers to direct Secretary's Office to send out the appointments for the Business Committee in accordance with the schedule that was adopted, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III Item VI.E. is re-addressed next. XI. EXECUTIVE SESSION (02:16:56) Motion by Lisa Summers to go into executive session at 11:30 a.m., seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III Motion by Lisa Summers to come out of executive session at 12:05 p.m., seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Ernie Stevens III Roll call for the record: Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan; Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Secretary Lisa Summers; Councilwoman Jennifer Webster; Not Present: Councilman Ernie Stevens III; Vice-Chairman Brandon Stevens left at 12:05 p.m. Item VI.D. is re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 11 of 15 September 25, 2019 Public Packet 30 of 417 DRAFT A. REPORTS 1. Accept the Chief Counsel report (02:19:20) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Summers to accept the Chief Counsel report, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Motion by Lisa Summers to approve the attorney contract – Husch Blackwell LLP - file # 2019-1086, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III 2. Accept the Intergovernmental Affairs, Communications, and Self-Governance September 2019 report (02:19:44) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Lisa Summers to accept the Intergovernmental Affairs, Communications, and SelfGovernance September 2019 report, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Motion by Lisa Summers to accept the memorandum dated September 24, 2019, regarding 07201901V for the record, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III 3. Accept the General Manager report (02:20:17) Sponsor: Debbie Thundercloud, General Manager Motion by Trish King to accept the General Manager report, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Motion by David P. Jordan to approve the requested action included in the memorandum dated September 24, 2019, regarding funding for the Pulaski Community Public School Language Program, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes Page 12 of 15 September 25, 2019 Public Packet 31 of 417 DRAFT B. STANDING ITEMS 1. ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF ASSOCIATION a. Defer the Thornberry Creek LPGA Classic September 2019 report to the October 23, 2019, regular Business Committee meeting (02:20:49) Motion by Kirby Metoxen to defer the Thornberry Creek LPGA Classic September 2019 report to the October 23, 2019, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III C. UNFINISHED BUSINESS 1. Adopt resolution entitled Naming Individuals as Authorized Persons for SagePoint Accounts (02:21:10) Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Summers to adopt resolution 09-25-19-G Naming Individuals as Authorized Persons for SagePoint Accounts [file # 2019-0749] with the one (1) noted correction [line 45 change “Terrence” to “Terry A.”] and move the resolution to open session, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Abstained: Daniel Guzman King Not Present: Brandon Stevens, Ernie Stevens III 2. Adopt resolution entitled Confirming Guaranty Commitment for OESC and Affiliates (02:21:49) Sponsor: Jacquelyn Zalim, Chair/Oneida ESC Group, LLC Board of Manager Motion by Lisa Summers to adopt resolution 09-25-19-H Confirming Guaranty Commitment for OESC and Affiliates [file # 2019-1072] and move the resolution to open session, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III D. NEW BUSINESS 1. Approve the 2020 compensation increase for BC-DR07 (02:22:05) Sponsor: OBC Officers Motion by David P. Jordan to approve the requested action in the memorandum dated September 24, 2019, regarding the 2020 compensation increase for BC-DR07, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes Page 13 of 15 September 25, 2019 Public Packet 32 of 417 DRAFT 2. Approve promissory note for bridge loan - file # 2019-0962 (02:22:24) Sponsor: Pete King III, Agent/Oneida Seven Generations Corporation Motion by Lisa Summers to support the request for a bridge loan and direct the General Manager and the OBC liaisons to Oneida Seven Generations Corporation and Oneida ESC Group LLC to submit a request to access the Economic Development, Diversification and Community Development Fund, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens 3. Adopt resolution entitled Additional Authorization Regarding Oneida Seven Generations Dissolution (02:22:46) Sponsor: Pete King III, Agent/Oneida Seven Generations Corporation Motion by Kirby Metoxen to adopt resolution 09-25-19-I Additional Authorization Regarding Oneida Seven Generations Dissolution and move the resolution to open session, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III 4. Consider a request from the Oneida Pow-wow Committee pursuant to §105.7-4 (02:23:04) Sponsor: Tonya Webster, Chair/OPwC Motion by Lisa Summers to terminate the appointment of Floyd Wayne Silas Jr. on the Oneida Powwow Committee pursuant to §105.7-4 and post the vacancy, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Motion by David P. Jordan to direct the General Manager to amend the recommendations provided regarding file # 2019-CC-01 and to bring back a transition plan proposal no later than the December 11, 2019, regular Business Committee meeting, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III 5. Approve the Transamerica and Valley Investment Solutions-Amendment No. 2 to the Oneida Nation Enterprise 401(k) Plan - file # 2017-1511 (02:24:12) Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Summers to approve the Transamerica and Valley Investment Solutions-Amendment No. 2 to the Oneida Nation Enterprise 401(k) Plan - file # 2017-1511, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes Page 14 of 15 September 25, 2019 Public Packet 33 of 417 DRAFT XII. ADJOURN (02:24:30) Motion by Lisa Summers to adjourn at at 12:14 p.m., seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens, Ernie Stevens III Minutes prepared by Teresa Schuman, Information Management Specialist Minutes approved as presented on . ____________________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 15 of 15 September 25, 2019 Public Packet 34 of 417 Oneida Business Committee Agenda Request Consider resolution entitled Approval of Use of Economic Development, Diversification and Community... 1. Meeting Date Requested: / 9 10 / 19 2. General Information: Session: Open Executive - See instructions for the applicable laws, then choose one: Other - ED19-017 Agenda Header: Resolutions Accept as Information only Action - please describe: Motion to approve or decline resolution "Food Center Business Plan" - Community Development Fund Set Aside. 3. Supporting Materials Report Resolution Contract Other: 1. Memo 3. SOE 2. Memo Request for Funding 4. Resolution Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Deborah J. Thundercloud, General Manager Primary Requestor/Submitter: Troy D. Parr, Division Director/Community & Economic Development Division Your Name, Title / Dept. or Tribal Member Additional Requestor: Submitted by: Grace Koehler, Executive Assistant, C&EDD Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 35 of 417 Administration Memo To: Community & Economic Development Division Oneida Business Committee From: Troy D. Parr, AIA, Community & Economic Development Division Director CC: Joanie Buckley, Internal Services Division Director; James Petitjean, Community Development Area Manager; Susan Doxtator, Planning Director; Jeff Witte, Planning Department Date: September 11, 2019 Re: Recommendation for use of the Economic Diversification and Community Development Set‐aside Fund – ED#19‐017 Food Innovation Center ‐ Business Plan Background For several years now the Internal Services Division, with the support of the Community & Economic Development staff has been exploring the concept and feasibility of a Food Innovation Center. This effort has previously been funded through granting from the United States Economic Development Administration. Through these efforts, there has been a concept study completed by the University of Wisconsin, and a Feasibility Study completed by a consultant team. In addition to conceptualizing the services offered and analyzing the feasibility of these services, both studies have produced space needs listings, adjacency requirements and have generated conceptual architectural plans. Current Request This current request is to further develop this concept to include drafting a formal Business Plan which takes a deeper look into the planning for the possible operationality of concept. In addition to other deliverables, this Business Plan will determine the pro forma financial models which will allow the decision makers to closely analyze the potential Profit/Loss of this concept. Additionally, the sources of funding for construction and operations will be analyzed, along with examining in detail the projected cash flow, income statement and balance sheet for the proposed business endeavor. Findings after Review Developing a Business Plan for a proposed concept appears to be a prudent use of the Community & Economic Development Set‐aside Funds to determine the future fiscal impacts of moving forward with the Food Innovation Center Project. The Business Plan produced by this effort will allow the Oneida Business Committee and other decision makers, to determine if this project further developed and funded in the Fiscal Year 2021 Oneida Nation Capital N7332 Water Circle Place • P.O. Box 365 • Oneida, WI 54155 oneida‐nsn.gov Public Packet 36 of 417 Improvement Project (CIP) Budget. Ultimately, the proposed projects for the FY`21 CIP budget will be presented at the January 2020 Annual General Tribal Council (GTC) Meeting for GTC ranking of new/expansion CIP projects. Although the projected date for completion of this Business Plan is March 2020, if it could be completed prior to the January 2020 GTC Annual meeting, depending on the results of the plan, it could increase the likelihood of being included in the proposed FY`21 CIP Project budget. In Closing This expenditure of business planning funds is a good use of the C&ED Set‐aside Funds which will help determine the financial viability of this proposed future CIP project, which will also have operational budget implications. I recommend using these funds to further analyze the financial proformas of this project. Attachments: BC Resolution #01‐23‐19‐C; Memo requesting fund use for Oneida Food Innovation Center‐Business Plan from Jeff Witte, dated September 4, 2019. 2 of 2 C:\Users\tparr\Desktop\!Funding Setaside Information\ED19‐017 Food Innovation Center ‐ Business Plan\Memo to OBC regarding 19‐017 Food Innovation Center ‐ Business Plan.docx Public Packet 37 of 417 Oneida Nation Post Office Box 365 Phone: (920) 869-2214 Oneida, WI 54155 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended 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 Business Committee adopted resolution # BC-09-28-16-B, Assignment of Return on Investment from OTIE to Economic Development and Diversification, which created a set-aside until an endowment could be created and directed development and adoption of standard operating procedures for the use of the restricted funds; and WHEREAS, the Treasurer has proposed the development of an economic development corporation, ‘Oneida Development Holdings, Inc.,’ and identifying the development of the endowment creation resolution, to fulfill the directives of resolution # BC-09-28-16-B; and WHEREAS, the Oneida Business Committee approved the creation of the Community & Economic Development Division and authorized the transition into finalizing this action; and WHEREAS, the Oneida Business Committee approved the following Vision and Mission statements for the new division: Vision: To elevate the Oneida Nation by providing community & economic development practices that nurture and sustain Oneida families to prosperity. Mission: To strategically implement systems that foster sustainable development and commerce growth that reflect Tsiʔ niyukwalihotʌ (our ways) with innovative approaches that enrich the natural, built and business environments; and WHEREAS, the original resolution adopted in 2016 regarding the OTIE disbursements do not accurately reflect the direction given to the Community & Economic Development Division; and WHEREAS, OTIE has been reorganized as a subsidiary under the OESC Group, LLC; and WHEREAS, the Oneida Business Committee desires to update the 2016 resolution to correctly reflect the goals of community development and economic development; and Public Packet 38 of 417 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended Page 2 of 3 WHEREAS, the Oneida Business Committee has reviewed the Economic Development, Diversification and Community Development Fund uses and processes in the prior two years and has determined that it is an appropriate time to update the processes and to allow for greater tracking of the amount of the fund and use of the funds. Allocation of Dividends and Revenues NOW THEREFORE BE IT RESOLVED, that resolutions # BC-09-28-16-B, and # BC-07-12-17-A, and # BC-12-12-18-B are reaffirmed as to the creation of the Economic Development, Diversification and Community Development Fund and superseded regarding processes for access, tracking amount of the fund and use of the funds as identified in this resolution. BE IT FURTHER RESOLVED, that the dividends and revenues from OESC Group, LLC and its subsidiaries shall be allocated to the Economic Development, Diversification and Community Development Fund and any interest income generated by the fund shall accrue to the fund. The interest income generated by any balance shall not accrue to the Economic Development, Diversification and Community Development Fund. Review and Recommend for Use of Funds BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall review every request for use of the fund, determine if the proposed use is consistent with the fund, and provide a written recommendation to the Oneida Business Committee regarding whether to authorize funds to be allocated from the Economic Development, Diversification and Community Development Fund to a specific project identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation. Authorization to Use Funds BE IT FURTHER RESOLVED, that the Oneida Business Committee shall be responsible for authorizing use of the Economic Development, Diversification and Community Development Fund by a resolution clearly identifying the amount of funds authorized and purpose of the funds, which may be identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation, and the employee responsible for authorizing expenditures of the authorized amount. Tracking Balance and Use of Funds BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall be responsible for maintaining a list of authorized uses and amounts annually forwarding that list to the Chief Financial Officer who shall be notify the Committee and Economic Development Division Director of the beginning balance in each fiscal year and authorize access to reports which identify the withdrawals from the fund. Allocation of Funds Once Authorized BE IT FURTHER RESOLVED, that the Chief Financial Officer shall create the necessary accounts to identify the Economic Development, Diversification and Community Development Fund, allocations and withdrawals, including transfer of funds to a contract, CIP project, economic development opportunity or other authorized activity within the appropriate business unit. BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall, on an annual basis, obtain a reconciliation from any party authorized to utilize the funds, which may be conducted in conjunction of an internal audit or assistance from the Accounting Department. Public Packet 39 of 417 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended Page 3 of 3 Standard Operating Procedures BE IT FINALLY RESOLVED, that the Community and Economic Development Division Director and the Chief Financial Officer shall create necessary standard operating procedures consistent with this resolution. CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members were present at a meeting duly called, noticed and held on the 23rd day of January, 2019; that the forgoing resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0 members not voting*; and that said resolution has not been rescinded or amended in any way. ____________________________ Lisa Summers, Secretary Oneida Business Committee *According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie." Public Packet 40 of 417 Planning/GIS Department Community & Economic Development Division To: Oneida Business Committee Community Development Planning Committee Troy Parr, C&EDD Director From: Planning Department (Jeff Witte) Date: 9/16/2019 Re: Oneida Food Innovation Center – Business Plan Community Development Fund Set-Aside The Oneida Food Innovation Center will provide a visible anchor to our integrated Agricultural Strategy by an expanded facility to teach people how to process and prepare healthy native foods. It will serve not only Oneida tribal members but also fresh food producers, entrepreneurs, and those looking for jobs in the food service industry. It is being proposed that we enter into a partnership with the Fox Valley Technical College Venture Center to develop a Business Plan for the Food Center. (See attached Proposal) Cost Estimate $ 13,860 Business Plan for the Oneida Food Innovation Center. $ 6,140 Contingency Timeline September 5th, 2019 CDPC agenda request for review for funding September 14th, 2019 BC agenda request for approval of $20,000 from the Economic Development Diversification and Community Development Fund for development of a Business Plan for the Oneida Food Innovation Center. October 1st, 2019 Work Commences N7332 Water Circle Place • P.O. Box 365 • Oneida, WI 54155 oneida-nsn.gov Public Packet 41 of 417 March 30th, 2019 Projected Completion Date Request Approval of $20,000 from the Economic Development Diversification and Community Development set aside funds to enter into a partnership with the Fox Valley Technical College Venture Center to develop a Business Plan for the Food Center. 2 of 2 C:\Users\gkoehler\Desktop\Food Center Business Plan - Request for Set Aside.docx PublicPurchase Packet Order # Agreement 42 # of 417 2019 – FOX VALLEY TECHNICAL COLLEGE WI Tax Exemption Certificate # This is not a billing document Training/Technical Assistance Agreement Organization Name Oneida Nation Address PO Box 365 City, State, Zip Oneida, WI 54155 Contact Person Jeff Witte Contact Title Community Planner E-mail Address jwitte@ oneidanation.org Service Consultant/Dean Amy Pietsch Service Recipient Type 22 Contact Phone 920-869-4583 Contact Fax County Outagamie Phone 920-735-2594 Department # 14500 Program # 29005 Customized Instruction CATEGORY I Course Title KAM Rachel Johnson State Course # Class # Course Hours # of Students Start Date End Date Location of Service CATEGORY II $15,015.00 Technical Assistance or Fiscal and Management Services Description of Non-Instructional Service: The Fox Valley Technical College Venture Center Director will provide approximately 91 hours of technical assistance (research, analysis, interviews/meetings, draft submission(s), edit(s) and final submission) as required, to complete a business plan for the Oneida Nation Food Innovation Center. The attached Business Plan Outline contains the deliverables required. Client will be billed for actual hours. Work will begin immediately upon signing of this agreement. Total Staff Hours 91.00 Location of Service FVTC Bordini Center and Oneida Nation locations as needed. Start Date 7/29/2019 End Date 11/1/2019 Total Estimate for Services: $15,015.00 Special Billing Instructions: Submit invoice for technical assistance services upon completion and submission of the final business plan no later than November 1, 2019. Review, sign and return the FVTC agreement and signature pages. Public Packet 43 of 417 Agreement # Signature Page 2019- Organization Name: Oneida Nation STANDARD PROVISIONS Pursuant to State Statutes, Section 67M, Chapter 20, Section 38.14(3) Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973 The Family Educational Rights and Privacy Act (FERPA) It is understood that Fox Valley Technical College retains the proprietary rights to any curriculum materials used or developed as part of this agreement. Fox Valley Technical College employees performing under this agreement remain under the exclusive control of the FVTC District. The Recipient of Services certifies, as party to this agreement, that it does not discriminate against employees, enrollees, or applicants for employment or enrollment on he t basis of age, race, color, national origin, sex, creed, disability, religion, political persuasion, ancestry, or sexual orientation except where there is a bona ifde occupational qualification. This agreement is subject to retroactive approval by the full Fox Valley Technical College Board of Trustees at its next meeting. Per the authority delegated by the District Board to designated representatives of the FVTC District, to initiate agreements, Fox Valley Technical College agrees to provide the services in this agreement. Both parties to this agreement recognize that the need for changes in this agreement could arise due ot unforeseen circumstances. It is, therefore, agreed that both fiscal and programmatic modifications may be made as mutually agreed to by the parties involved. All instructional services are documented on he t student record. Notification of Compliance: Fox Valley Technical College does not discriminate on he t basis of race, color, national origin, sex, disability or age in employment, admissions or its programs or activities. The following person has been designated to oversee Title IX of the Education Amendments of 1972 and Sec tion 504 of the Rehabilitation Act of 1973 and to handle inquiries regarding the College’s nondiscrimination policies: Patti Jorgensen, AA/EEO Officer, FVTC Appleton Main Campus, Office E116, 920-735-5649, jorgensp@ fvtc.edu. The Family Educational Rights and Privacy Act (FERPA) is federal legislation that sets forth requirements and provides guidelines for post-secondary institutions regarding the privacy of student records for ALL students. FERPA governs the release of educational records that are maintained by the College, as well as access to these records. Review, sign and return the FVTC agreement and signature pages. It is agreed that payment for actual costs will be made payable to Fox Valley Technical College by the Recipient of Services within 30 days of receipt of an invoice. Invoicing will occur upon completion of the contract unless otherwise specified. Estimates do not include taxes. Service Recipient - Organization Date Total Estimate for Services: $15,015.00 Service Provider - FVTC Date FVTC Board Approval Date Public Packet 44 of 417 Introduction Getting Started Oneida Food Innovation Center – Business Plan The Oneida Nation wants to enhance Tribal value and Return on Investment through the development of the Oneida Food Innovation Center. This highly visible project will drive economic development, investment and further connect and expose the Tribe to the greater northeast Wisconsin region. This effort will also assist Tribal members and others in understanding the power of the foundations of the indigenous food system in a 21ST century world. What’s in the Box? The details OF what you’ll get The Fox Valley Technical College Venture Center's knowledge, networks and experience is a powerful combination designed to help turn ideas into reality. We are the startup experts; and will bring the Oneida Food Innovation Center to life, through the development of a comprehensive, realistic and executable business plan for the Oneida Food Innovation Center. This business plan will include all of the required information as presented in the outline below. © 2018. Created by the Fox Valley Technical College Venture Center for sole use by The Oneida Nation. August 6, 2019. All Rights Reserved. 1 Public Packet 45 of 417 Oneida Food Innovation Center Business Plan Outline I. II. III. IV. V. VI. VII. Executive Summary Business Description The Business a. Background and History a. Projected Timeline for Development b. Form of Ownership c. Ownership/Organization Interest The Marketing Plan a. Products/Services b. Target Market(s) c. Business Location d. Competitive Analysis e. Advertising & Promotion Strategy The Operations Plan a. Inputs b. Facilities c. Operating Costs d. Licenses, Permits, Zoning, Insurance, Taxpayer Number, Corporation Status. e. Production Methods f. Management Structure g. Staffing Plan h. Employees: a. Hourly b. Salary i. Outside Professional Services The Financial Plan a. Sources and Uses of Funds b. Income Statement c. Cash Flow Statement d. Balance Sheet Appendix a. Oneida Food Innovation Center Feasibility Study b. Additional Outside Research/Reports/Surveys/etc. © 2018. Created by the Fox Valley Technical College Venture Center for sole use by The Oneida Nation. August 6, 2019. All Rights Reserved. 2 Public Packet 46 of 417 Timeline Process The FVTC Venture Center has a straightforward, practical, disciplined, approach to helping our clients develop business plans that are implemented: Step 1: Upon receiving notice of the contract the FVTC Venture Center Director, Amy Pietsch, will schedule a meeting with the Oneida Food Innovation Center “team” (Jeff Witte, Joanie Buckley, and others TBD) and review business plan outline and review all work done for this project to date. Monthly feedback sessions will be scheduled and a tentative timeline will be shared and discussed. Step 2: Research, analysis and writing of the Oneida Food Innovation Center Business Plan will commence. FVTC Venture Center Director, Amy Pietsch will rely on IBISWorld Industry & Market Research Reports, the Oneida Food Innovation Center Feasibility Study, primary reach including interviews with industry leaders, potential startup entrepreneurs and other successful food processing and retailing ventures. Step 3: This business plan is the property of the Tribe and as each section of the business plan is developed, it is presented, to Jeff Witte, and others as determined, for feedback. Any edits/additions are incorporated. Your Business Plan Expert During her career, Amy has been an entrepreneur and intrapreneur. Titles of Coordinator, Associate Director, Director of Next Generation Initiatives and Owner have come and gone from her business card. Through it all, she has been working with people to launch and grow sustainable enterprises. From part-time, home-based, business owners to traditional small business owners to multi-million dollar entrepreneurial firms, Amy has helped them define their business © 2018. Created by the Fox Valley Technical College Venture Center for sole use by The Oneida Nation. August 6, 2019. All Rights Reserved. 3 Public Packet 47 of 417 model, develop strategic, marketing and business plans and access alternative, traditional, angel, VC and peer-to-peer financing. In 2004, Amy was recruited by Fox Valley Technical College to join them in their pursuit of researching the need for and then developing the vision and business plan for the Fox Valley Technical College Venture Center, which launched in September 2005. Since that time Amy has worked to create an entrepreneurship and small business resource center that, the College and the communities it serves could be proud of. The FVTC Venture Center and its core, entrepreneurship training series, E-seed™, has served thousands of people, helped 500+/businesses to launch and grow and created thousands of jobs in the FVTC service area and throughout Wisconsin. Amy has an impressive network enabling her to reach out and connect with experts, professionals and successful business people throughout Wisconsin and beyond. Developing business plans is her passion and she is excited to get started on the Oneida Food Innovation Center Business Plan. Investment The Oneida Tribal Council will invest $13,860.00 to have the Oneida Food Innovation Center Business Plan developed. This investment cost includes ALL meetings, research, writing, edits, layout and printing costs associated with developing the Oneida Food Innovation Center Business Plan. © 2018. Created by the Fox Valley Technical College Venture Center for sole use by The Oneida Nation. August 6, 2019. All Rights Reserved. 4 Public Packet 48 of 417 Guarantee FVTC offers the following guarantee: If our services do not meet your requirements as agreed upon, you are entitled to have the service redone at no additional charge. Next Steps 1. Agree to the Business Plan Outline. 2. Each party signs required paperwork/contract. 3. Work commences. © 2018. Created by the Fox Valley Technical College Venture Center for sole use by The Oneida Nation. August 6, 2019. All Rights Reserved. 5 Public Packet Oneida Nation 49 of 417 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Oneida, WI 54155 BC Resolution # Approval of Use of Economic Development, Diversification and Community Development Fund for ED-017 Food Innovation Center - Business Plan 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 Economic Development, Diversification and Community Development Fund was created by resolutions # BC-09-28-16-B, BC-09-28-16-B and the procedures for use of the fund set forth in resolution # BC-12-12-18-B, Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund; and WHEREAS, The Business Plan generated for the proposed ED19-017 Food Innovation Center Project will further develop the pro forma financial models which will allow the decision makers to closely analyze the potential profit/loss of this concept; and WHEREAS, in accordance with resolution # BC-1-23-19-C, Resolve #3, the Community and Economic Development Division Director has submitted an agenda request with an attached accompanying memorandum recommending to fund the request as consistent with the purposes of the fund; NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does approve the allocation of $20,000 from the Economic Development, Diversification and Community Development Fund for the purposes of supporting ED19-017 Food Innovation Center - Business Plan and identifies Joanie Buckley, Internal Services Director, as the responsible party for expenditure of these funds. Public Packet 50 of 417 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155‐0365 Oneida‐nsn.gov Statement of Effect Approval of Use of Economic Development, Diversification and Community Development Fund for ED-017 Food Innovation Center - Business Plan Summary This resolution approves the allocation of $20,000 from the Economic Development, Diversification and Community Development Fund for the purpose of supporting Project ED19017, Food Innovation Center – Business Plan. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: September 19, 2019 Analysis by the Legislative Reference Office The Economic Development, Diversification and Community Development Fund (“the Fund”) was created and reaffirmed by resolutions BC-09-28-16-B, BC-07-12-17-A, BC-12-12-18-B, and BC-01-23-19-C. This resolution requests an allocation of $20,000 from the Fund for the purpose of supporting Project ED19-017, Food Innovation Center – Business Plan to further develop the pro forma financial models which will allow the decision makers to closely analyze the potential profit/loss of this concept. Resolution BC-01-23-19-C requires the Community and Economic Development Division Director to review every request for use of the Fund, determine if the proposed use is consistent with the Fund, and provide a written recommendation to the Oneida Business Committee regarding whether to authorize funds to be allocated from the Fund to a specific project. This resolution states that this requirement was met by the action of the Community and Economic Development Division Director submitting an agenda request with attached memorandum recommending the approval of the request as consistent with the purposes of the Fund. Resolution BC-01-23-19-C also requires that the Oneida Business Committee be responsible for authorizing use of the Fund by a resolution clearly identifying the amount of funds authorized and purpose of the funds, which may be identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation, and the employee responsible for authorizing expenditures of the authorized amount. This resolution states that the Oneida Business Committee does approve the allocation of $20,000 from the Fund for the purposes of supporting Project ED19-017, Food Innovation Center – Business Plan, and has designated Joanie Buckley. Internal Services Director, as being the party responsible for overseeing the expenditure of these funds. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Public Packet 51 of 417 Oneida Business Committee Agenda Request Consider resolution entitled Approval of Use of Economic Development, Diversification and Community... 1. Meeting Date Requested: 10 / 0 9 / 19 2. General Information: Session: Open Executive - See instructions for the applicable laws, then choose one: Other - ED19-019 Agenda Header: Resolutions Accept as Information only Action - please describe: Motion to approve or decline resolution "SRS Strategic Acquisition Loan Request" - Community Development Fund Set Aside. 3. Supporting Materials Report Resolution Contract Other: 1. Memo 3. SOE 2. Funding Request 4. Resolution Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Deborah J. Thundercloud, General Manager Primary Requestor/Submitter: Troy D. Parr, Division Director/Community & Economic Development Division Your Name, Title / Dept. or Tribal Member Additional Requestor: Submitted by: Grace Koehler, Executive Assistant, C&EDD Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 52 of 417 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155‐0365 Oneida‐nsn.gov Statement of Effect Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-019 SRS Strategic Acquisition – Loan Request Summary This resolution approves the allocation of $1,500,000 from the Economic Development, Diversification and Community Development Fund for the purpose of supporting Project ED19019, SRS Strategic Acquisition - Loan Request. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: September 19, 2019 Analysis by the Legislative Reference Office The Economic Development, Diversification and Community Development Fund (“the Fund”) was created and reaffirmed by resolutions BC-09-28-16-B, BC-07-12-17-A, BC-12-12-18-B, and BC-01-23-19-C. This resolution requests an allocation of $1,500,000 from the Fund for the purpose of supporting Project ED19-019, SRS Strategic Acquisition - Loan Request to provide the a short-term 90-day loan of $1.5 million dollars and will pay the fund back a $5,000 initiation fee and LIBOR plus 1% for the term of the loan. Resolution BC-01-23-19-C requires the Community and Economic Development Division Director to review every request for use of the Fund, determine if the proposed use is consistent with the Fund, and provide a written recommendation to the Oneida Business Committee regarding whether to authorize funds to be allocated from the Fund to a specific project. This resolution states that this requirement was met by the action of the Community and Economic Development Division Director submitting an agenda request with attached memorandum recommending the approval of the request as consistent with the purposes of the Fund. Resolution BC-01-23-19-C also requires that the Oneida Business Committee be responsible for authorizing use of the Fund by a resolution clearly identifying the amount of funds authorized and purpose of the funds, which may be identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation, and the employee responsible for authorizing expenditures of the authorized amount. This resolution states that the Oneida Business Committee does approve the allocation of $1,500,000 from the Fund for the purposes of supporting Project ED19-019, SRS Strategic Acquisition - Loan Request, and has designated Jeff House, OESC Group CEO, as being the party responsible for overseeing the expenditure of these funds. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Public Packet 53 of 417 Administration Memo To: Community & Economic Development Division Oneida Business Committee From: Troy D. Parr, AIA, Community & Economic Development Division Director CC: Jeff House, CEO ‐ Oneida Engineering, Science and Construction Group Date: September 13, 2019 Re: Recommendation for use of the Economic Development, Diversification and Community Development Set‐aside Fund (EDDCDSF) – ED19‐019 – SRS Strategic Acquisition Current Request Mr. Jeff House submitted a request to me on September 6, 2019 requesting a short term 90‐day loan for $1.5 million dollars to assist with funding a strategic acquisition for one of Oneida Engineering, Science and Construction Group subsidiaries – SRS. Findings after Review Although it is my opinion that this fund was not set up with the desire to use by Oneida Nation external business entities to use for short‐term financing for their operations, a very similar to this request (BC Resolution BC9‐26‐18‐G) was approved by the Oneida Business Committee which is an indication that this type of short‐term funding request is approved by the Oneida Business Committee. My recommendations do not reflect any consideration of the merits of the proposed acquisition by OESC Group Subsidiary SRS, the detail of which I have not reviewed. In Closing Although in general, I don’t agree that this fund was established to provide loans to our business entities, I can offer my recommendation to fund this request for use of the EDDCDSF to fund this request and the associated short‐term financing the this acquisition. There are three reasons for this recommendation. First, 90 days is a very short term to use this funding. Second, the initiation fee and associated LIBOR interest paid back will positively add additional revenue to this fund. And third, if OESCG would not have issued the dividend to form this fund, it would have retained earnings which it could have used for this acquisition. Attachments: BC Resolution #01‐23‐19‐C; Memo requesting fund use from Jeff House, CEO of Oneida Engineering Science and Construction Group, dated September 6, 2019. N7332 Water Circle Place • P.O. Box 365 • Oneida, WI 54155 oneida‐nsn.gov Public Packet Oneida Nation 54 of 417 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Oneida, WI 54155 BC Resolution # Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-019 SRS Strategic Acquisition – Loan Request 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 Economic Development, Diversification and Community Development Fund was created by resolutions # BC-09-28-16-B, and BC-09-28-16-B, the procedures for use of the fund set forth in resolution # BC-12-12-18-B, Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund; and WHEREAS, ED19-019 SRS Strategic Acquisition – Loan Request intends to use the Economic Development, Diversification and Community Development Fund to provide the a shortterm 90-day loan of $1.5 million dollars and will pay the fund back a $5,000 initiation fee and LIBOR plus 1% for the term of the loan; and WHEREAS, in accordance with resolution # BC-01-23-19-C, Resolve #3, the Community and Economic Development Division Director has submitted an agenda request with accompanying memorandum recommending approval of the request as consistent with the purposes of the fund; NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does approve the allocation of $1,500,000.00 from the Economic Development, Diversification and Community Development Fund for the purposes of supporting completing the SRS Strategic Acquisition – Loan Request and delegates Mr. Jeff House, OESC Group CEO, as the responsible party for expenditure of these funds. Public Packet 55 of 417 Oneida Nation Post Office Box 365 Phone: (920) 869-2214 Oneida, WI 54155 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended 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 Business Committee adopted resolution # BC-09-28-16-B, Assignment of Return on Investment from OTIE to Economic Development and Diversification, which created a set-aside until an endowment could be created and directed development and adoption of standard operating procedures for the use of the restricted funds; and WHEREAS, the Treasurer has proposed the development of an economic development corporation, ‘Oneida Development Holdings, Inc.,’ and identifying the development of the endowment creation resolution, to fulfill the directives of resolution # BC-09-28-16-B; and WHEREAS, the Oneida Business Committee approved the creation of the Community & Economic Development Division and authorized the transition into finalizing this action; and WHEREAS, the Oneida Business Committee approved the following Vision and Mission statements for the new division: Vision: To elevate the Oneida Nation by providing community & economic development practices that nurture and sustain Oneida families to prosperity. Mission: To strategically implement systems that foster sustainable development and commerce growth that reflect Tsiʔ niyukwalihotʌ (our ways) with innovative approaches that enrich the natural, built and business environments; and WHEREAS, the original resolution adopted in 2016 regarding the OTIE disbursements do not accurately reflect the direction given to the Community & Economic Development Division; and WHEREAS, OTIE has been reorganized as a subsidiary under the OESC Group, LLC; and WHEREAS, the Oneida Business Committee desires to update the 2016 resolution to correctly reflect the goals of community development and economic development; and Public Packet 56 of 417 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended Page 2 of 3 WHEREAS, the Oneida Business Committee has reviewed the Economic Development, Diversification and Community Development Fund uses and processes in the prior two years and has determined that it is an appropriate time to update the processes and to allow for greater tracking of the amount of the fund and use of the funds. Allocation of Dividends and Revenues NOW THEREFORE BE IT RESOLVED, that resolutions # BC-09-28-16-B, and # BC-07-12-17-A, and # BC-12-12-18-B are reaffirmed as to the creation of the Economic Development, Diversification and Community Development Fund and superseded regarding processes for access, tracking amount of the fund and use of the funds as identified in this resolution. BE IT FURTHER RESOLVED, that the dividends and revenues from OESC Group, LLC and its subsidiaries shall be allocated to the Economic Development, Diversification and Community Development Fund and any interest income generated by the fund shall accrue to the fund. The interest income generated by any balance shall not accrue to the Economic Development, Diversification and Community Development Fund. Review and Recommend for Use of Funds BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall review every request for use of the fund, determine if the proposed use is consistent with the fund, and provide a written recommendation to the Oneida Business Committee regarding whether to authorize funds to be allocated from the Economic Development, Diversification and Community Development Fund to a specific project identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation. Authorization to Use Funds BE IT FURTHER RESOLVED, that the Oneida Business Committee shall be responsible for authorizing use of the Economic Development, Diversification and Community Development Fund by a resolution clearly identifying the amount of funds authorized and purpose of the funds, which may be identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation, and the employee responsible for authorizing expenditures of the authorized amount. Tracking Balance and Use of Funds BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall be responsible for maintaining a list of authorized uses and amounts annually forwarding that list to the Chief Financial Officer who shall be notify the Committee and Economic Development Division Director of the beginning balance in each fiscal year and authorize access to reports which identify the withdrawals from the fund. Allocation of Funds Once Authorized BE IT FURTHER RESOLVED, that the Chief Financial Officer shall create the necessary accounts to identify the Economic Development, Diversification and Community Development Fund, allocations and withdrawals, including transfer of funds to a contract, CIP project, economic development opportunity or other authorized activity within the appropriate business unit. BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall, on an annual basis, obtain a reconciliation from any party authorized to utilize the funds, which may be conducted in conjunction of an internal audit or assistance from the Accounting Department. Public Packet 57 of 417 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended Page 3 of 3 Standard Operating Procedures BE IT FINALLY RESOLVED, that the Community and Economic Development Division Director and the Chief Financial Officer shall create necessary standard operating procedures consistent with this resolution. CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members were present at a meeting duly called, noticed and held on the 23rd day of January, 2019; that the forgoing resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0 members not voting*; and that said resolution has not been rescinded or amended in any way. ____________________________ Lisa Summers, Secretary Oneida Business Committee *According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie." Public Packet 58 of 417 Oneida ESC Group, LLC 1033 North Mayfair Road, Suite 200 Milwaukee, WI 53226 P (414) 257-4200 F (414) 257-2492 September 6, 2019 Troy Parr, AIA, LEED®AP [BD+C] Oneida Architect / Division Director Oneida Nation PO Box 365 Oneida WI 54155-0365 RE: Community and Economic Development Fund Short Term Loan Dear Mr. Parr This letter is a requests by Oneida ESC Group LLC to use the Community and Economic Development Fund for a short term loan to finance an acquisition by our subsidiary company Sustainment and Restoration Services (SRS). Below are the terms of the note: Loan amount: Interest: Origination fee: Term: Payments: $1,500,00 0 3 month Libor +1% $5,000 6 months Lump sum Please advise if you have any questions or need any additional information from me. Regards, Jeffrey S House Digitally signed by Jeffrey S House DN: cn=Jeffrey S House, o=Oneida ESC Group, ou=Administration, email=jhouse@oescgroup.com, c=US Date: 2019.09.06 13:42:24 -05'00' Jeffrey S House, President / CEO Public Packet 59 of 417 Oneida Business Committee Agenda Request Consider resolution entitled Approval of Use of Economic Development, Diversification and Community... 1. Meeting Date Requested: 10 / 9 / 19 2. General Information: Session: Open Executive - See instructions for the applicable laws, then choose one: Other - ED19-021 Agenda Header: Resolutions Accept as Information only Action - please describe: Motion to approve or decline resolution "OSGC Bridge Loan" - Community Development Fund Set Aside. 3. Supporting Materials Report Resolution Contract Other: 1. Memo 3. SOE 2. Funding Request 4. Resolution Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Deborah Thundercloud, General Manager Primary Requestor/Submitter: Troy D. Parr, Division Director/Community & Economic Development Divsion Your Name, Title / Dept. or Tribal Member Additional Requestor: Submitted by: Grace Koehler, Executive Assistant, C&EDD Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 60 of 417 Administration Memo To: Community & Economic Development Division Oneida Business Committee From: Troy D. Parr, AIA, Community & Economic Development Division Director CC: Jeff House, CEO ‐ Oneida Engineering, Science and Construction Group Date: September 25, 2019 Re: Recommendation for use of the Economic Development, Diversification and Community Development Set‐aside Fund (EDDCDSF) – ED19‐021 – OESCG – 7Gen Loan Request Current Request Mr. Jeff House submitted a request to me on September 24, 2019 requesting a one‐year loan for $1,2375,800 million dollars to assist with funding a bridge loan for Oneida Engineering, Science and Construction Group’s newest subsidiary – Seven Generations Corporation. Findings after Review Although it is my opinion that this fund was not set up with the desire to use by Oneida Nation external business entities to use for short‐term financing for their operations, a very similar to this request (BC Resolution BC9‐26‐18‐G) was approved by the Oneida Business Committee which is an indication that this type of short‐term funding request is approved by the Oneida Business Committee. My recommendations do not reflect any consideration of the merits of the proposed loan proceed uses by OESC Group Subsidiary Seven Generations Corporation, the detail of which I have not reviewed. In Closing Although in general, I don’t agree that this fund was established to provide loans to our business entities, I can offer my recommendation to fund this request for use of the EDDCDSF to fund this request and the associated short‐term financing of this acquisition. There are three reasons for this recommendation. First, 360 days is a relatively short term to use this funding. Second, the initiation fee and associated LIBOR interest paid back will positively add additional revenue to this fund. And third, if OESCG would not have issued the dividend to form this fund, it would have retained earnings which it could have used for this bridge loan. Attachments: BC Resolution #01‐23‐19‐C; Memo requesting fund use from Jeff House, CEO of Oneida Engineering Science and Construction Group, dated September 24, 2019. N7332 Water Circle Place • P.O. Box 365 • Oneida, WI 54155 oneida‐nsn.gov Public Packet 61 of 417 Oneida Nation Post Office Box 365 Phone: (920) 869-2214 Oneida, WI 54155 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended 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 Business Committee adopted resolution # BC-09-28-16-B, Assignment of Return on Investment from OTIE to Economic Development and Diversification, which created a set-aside until an endowment could be created and directed development and adoption of standard operating procedures for the use of the restricted funds; and WHEREAS, the Treasurer has proposed the development of an economic development corporation, ‘Oneida Development Holdings, Inc.,’ and identifying the development of the endowment creation resolution, to fulfill the directives of resolution # BC-09-28-16-B; and WHEREAS, the Oneida Business Committee approved the creation of the Community & Economic Development Division and authorized the transition into finalizing this action; and WHEREAS, the Oneida Business Committee approved the following Vision and Mission statements for the new division: Vision: To elevate the Oneida Nation by providing community & economic development practices that nurture and sustain Oneida families to prosperity. Mission: To strategically implement systems that foster sustainable development and commerce growth that reflect Tsiʔ niyukwalihotʌ (our ways) with innovative approaches that enrich the natural, built and business environments; and WHEREAS, the original resolution adopted in 2016 regarding the OTIE disbursements do not accurately reflect the direction given to the Community & Economic Development Division; and WHEREAS, OTIE has been reorganized as a subsidiary under the OESC Group, LLC; and WHEREAS, the Oneida Business Committee desires to update the 2016 resolution to correctly reflect the goals of community development and economic development; and Public Packet 62 of 417 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended Page 2 of 3 WHEREAS, the Oneida Business Committee has reviewed the Economic Development, Diversification and Community Development Fund uses and processes in the prior two years and has determined that it is an appropriate time to update the processes and to allow for greater tracking of the amount of the fund and use of the funds. Allocation of Dividends and Revenues NOW THEREFORE BE IT RESOLVED, that resolutions # BC-09-28-16-B, and # BC-07-12-17-A, and # BC-12-12-18-B are reaffirmed as to the creation of the Economic Development, Diversification and Community Development Fund and superseded regarding processes for access, tracking amount of the fund and use of the funds as identified in this resolution. BE IT FURTHER RESOLVED, that the dividends and revenues from OESC Group, LLC and its subsidiaries shall be allocated to the Economic Development, Diversification and Community Development Fund and any interest income generated by the fund shall accrue to the fund. The interest income generated by any balance shall not accrue to the Economic Development, Diversification and Community Development Fund. Review and Recommend for Use of Funds BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall review every request for use of the fund, determine if the proposed use is consistent with the fund, and provide a written recommendation to the Oneida Business Committee regarding whether to authorize funds to be allocated from the Economic Development, Diversification and Community Development Fund to a specific project identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation. Authorization to Use Funds BE IT FURTHER RESOLVED, that the Oneida Business Committee shall be responsible for authorizing use of the Economic Development, Diversification and Community Development Fund by a resolution clearly identifying the amount of funds authorized and purpose of the funds, which may be identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation, and the employee responsible for authorizing expenditures of the authorized amount. Tracking Balance and Use of Funds BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall be responsible for maintaining a list of authorized uses and amounts annually forwarding that list to the Chief Financial Officer who shall be notify the Committee and Economic Development Division Director of the beginning balance in each fiscal year and authorize access to reports which identify the withdrawals from the fund. Allocation of Funds Once Authorized BE IT FURTHER RESOLVED, that the Chief Financial Officer shall create the necessary accounts to identify the Economic Development, Diversification and Community Development Fund, allocations and withdrawals, including transfer of funds to a contract, CIP project, economic development opportunity or other authorized activity within the appropriate business unit. BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall, on an annual basis, obtain a reconciliation from any party authorized to utilize the funds, which may be conducted in conjunction of an internal audit or assistance from the Accounting Department. Public Packet 63 of 417 BC Resolution # 01-23-19-C Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended Page 3 of 3 Standard Operating Procedures BE IT FINALLY RESOLVED, that the Community and Economic Development Division Director and the Chief Financial Officer shall create necessary standard operating procedures consistent with this resolution. CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members were present at a meeting duly called, noticed and held on the 23rd day of January, 2019; that the forgoing resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0 members not voting*; and that said resolution has not been rescinded or amended in any way. ____________________________ Lisa Summers, Secretary Oneida Business Committee *According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie." Public Packet 64 of 417 Public Packet 65 of 417 PROMISSORY NOTE This Promissory Note (“Note”) is madeon ____________________, by the Oneida Seven Generations Corporation (“Maker”), whose principal place of business is located at 1201 O’Hare Boulevard, DePere, Wisconsin 54155, in the amount of Two Million Two Hundred Forty-Seven Thousand Seven Hundred Eighty Dollars and No Cents ($2,247,780.00). 1. Promise to Pay. Maker promises to pay to the order of the Oneida Nation (“Lender”), at N7210 Seminary Road, P.O. Box 365, Oneida, Wisconsin 54155, he t sum of Two Million Two Hundred Forty-Seven Thousand Seven Hundred Eighty Dollars and No Cents ($2,247,780.00), plus interest and fees as set forth below, according to he t Terms of Repayment set forth below. 2. Terms of Repayment. The principal sum outstanding from time to ime t under this Note sha ll bear interest at the ate r of 3-month LIBOR plus 1.0%. All principal and all accrued and unpaid interest and fees are due and payable on loan maturity of ____________________. Lender may from time to time, without notice, renew or extend the time for repayment. Payments shall beapplied first to any fees that are due, second to accrued interest as ofthe date of receipt thereof and the balance, if any, to principal. Maker may prepay this Note in full or in part, without penalty. Any such prepayment shall be applied first to fees due, then to ccrued a interest and thebalance, if any, to the principal. Maker shall pay Lender a late payment fee equal to 5% of the payment due in he t event the payment is not made within fifteen (15) days of he t due date. In an event of default (“Event of Default”) occurs, then, at the sole option of Lender, and without Lender forfeiting any other collection rights it may have, interest will be charged on the the n outstanding principal at the rate of 8.5% . Any balloon payment due hereunder shall be made by cashier’s or certified check or wire transfer. 3. Purpose. The purpose of this oan l is to provide bridge financing to Maker pending Maker’s merger with 1822 Land and Development Company of Oneida, LLC. Promissory Note Page 1 of 3 Public Packet 66 of 417 4. Loan Origination Fee. Maker shall pay Lender a loan origination fee of Five Thousand Dollars and No Cents (5,000.00). 5. Default. Each of thefollowing occurrences shall constitute an Event of Default: (1) failure of Maker to repay any principal or interest when due under the terms of this Note; (2)failure of Maker to undertake in a tim ely way the express and implied activities for which said Note has been executed or a substantial reduction by Maker in the scope of asid activities; 3) ( submission or making of any false, incomplete, misleading or fraudulent report, statement, warranty, or representation by Maker or its agents in connection with his t Note or any other instruments or documents evidencing indebtedness of Maker to Lender; 4) ( any deterioration, loss, theft, substantial damage, destruction or depreciation in the value or market price of thecollateral securing repayment of this loan, that causes the collateral, in the judgment of Lender, to become unsatisfactory as to character or value; 5( ) occurrence of: a() Maker becoming insolvent or bankrupt or being unable or admitting in writing its inability to pay its debts as they mature or making a general assignment for the benefit of or entering into any composition or arrangement with creditors; (b) proceedings for the appointment of areceiver, trustee, or liquidator of the assets of Maker or a substantial part thereof, being authorized or instituted by or against Maker; or (c) proceedings under any bankruptcy, reorganization, readjustment of debt, insolvency, dissolution, liquidation or other similar law or any jurisdiction being authorized or instituted against Maker; 6) ( Maker's failure to pay when due any and all amounts due under this Note; (7) Maker's failure to submit on a tim ely basis any periodic or special reports as may be required under the terms of the Maker’s Charter or this Note. On the occurrence of any event of default, the holder hereof, at its sole election, may declare all of the indebtedness evidenced by this Note to be mmediately i due and payable and may proceed at once without further notice to enforce this Note according to aw. l The term "indebtedness" shall include all principal, accrued interest, late charges, and expenses incurred collecting this Note. No delay or afilure of holder in theexercise of any right or ermedy shall affect any such right or remedy, and no action taken or omitted by holder shall be deemed a waiver of any right or remedy. Neither the assessment of a late payment charge or increased interest after default shall prevent Lender from exercising its rights and remedies under this Note orany other documents or instruments evidencing indebtedness of Maker to Lender. Each maker, endorser, surety, and guarantor of this Note hereby severally waives demand, protest, presentment, notice of nonpayment, notice of protest and diligence in bringing suit against any party and does hereby consent that time of payment of all or any part of the indebtedness may be extended from time to time by the holder hereof without notice. Promissory Note Page 2 of 3 Public Packet 67 of 417 If this Note is placed with an attorney for collection, for suit, or ba nkruptcy proceedings, Borrower agrees to pay all collection costs, court costs, and the expenses incurred, including reasonable attorney's fees at trial, on appeal and in bankruptcy proceedings. 6. Transferability. Lender or any other holder hereof may freely sell, assign, transfer or otherwise dispose of this Note and Maker hereby consents and agrees that any subsequent holder of this Note shall have all of therights of Lender provided herein. Maker may not ransfer t or assign its rights or obligations under this Note without the express written consent of Lender. 7. Amendment. No amendment, modification, termination or waiver of any provision of this Note shall be effective unless it is ni writing signed by Lender, and then such waiver or consent shall only be effective in he t specific instance and for the specific purpose for which given. 8. Notices. All notices required or provided for under this Note sha ll be in writing and mailed, sent or delivered, if to Mak er, at Maker’s address shown above, and if toLender, at Lender’s address shown above, or, as to each party, at such other address as shall be designated by such party in a written notice to he t other party. All uch s notices shall be deemed duly given when delivered by hand or courier, or three business days after being deposited in the ma il, including any private mail service, postage pre-paid. 9. Miscellaneous. The validity, construction and enforcement of this Note are governed by the internal laws of the Oneida Nation, and Maker hereby consents to the jurisdiction of the Oneida Judiciary with respect to any action for enforcement of this Note. Invalidity of any provision of this Note shall not affect the validity of any other provision of this Note. Nothingin his t Note constitutes a waiver of the sovereign immunity of Lender. MAKER By:__________________________________ Title:_________________________________ Date:____________________ Promissory Note Page 3 of 3 Public Packet Oneida Nation 68 of 417 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oneida, WI 54155 BC Resolution # Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-021 OESCG – Seven Generations Corporation Loan Request 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 Economic Development, Diversification and Community Development Fund was created by resolutions # BC-09-28-16-B, BC-09-28-16-B and the procedures for use of the fund set forth in resolution # BC-12-12-18-B, Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund; and WHEREAS, the request submitted by Mr. Jeffrey S. House, President/CEO of OESC Group, has requested a loan from the Economic Development, Diversification and Community Development Fund, the proceeds to used for the purpose of closing out the books on Seven Generations Corporation creditors; and WHEREAS, the principle of the requested amount to be loaned is $1,247,800 and the fees associated with the loan will include the following terms: origination fee of $5,000; interest will be 3 month LIBOR plus 1%, the term will be twelve (12) months, the payments will be flexible including monthly or lump sum; and WHEREAS, in accordance with resolution # BC-01-23-19-C, Resolve #3, the Community and Economic Development Division Director has submitted an agenda request with accompanying memorandum recommending approval of the request as consistent with the purposes of the fund; NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does approve the allocation of $1,247,800 from the Economic Development, Diversification and Community Development Fund for the purposes of supporting ED19-021 OESCG – Seven Generations Corporation Loan Request and identifies Mr. Jeffrey S. House, President/CEO of OESC Group as the responsible party for expenditure of these funds. Public Packet 69 of 417 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Approval of Use of Economic Development, Diversification and Community Development Fund for ED19-021 OESCG – Seven Generations Corporation Loan Request Summary This resolution approves the allocation of $ 1,247,800 from the Economic Development, Diversification and Community Development Fund for the purpose of supporting Project ED19021 OESCG – Seven Generations Corporation Loan Request. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: September 27, 2019 Analysis by the Legislative Reference Office The Economic Development, Diversification and Community Development Fund (“the Fund”) was created and reaffirmed by resolutions BC-09-28-16-B, BC-07-12-17-A, BC-12-12-18-B, and BC-01-23-19-C. This resolution requests an allocation of $ 1,247,800 from the Fund for the purpose of supporting Project ED19-021 OESCG – Seven Generations Corporation Loan Request to provide a loan to be used for the purpose of closing out the books on Seven Generations Corporation creditors. Resolution BC-01-23-19-C requires the Community and Economic Development Division Director to review every request for use of the Fund, determine if the proposed use is consistent with the Fund, and provide a written recommendation to the Oneida Business Committee regarding whether to authorize funds to be allocated from the Fund to a specific project. This resolution states that this requirement was met by the action of the Community and Economic Development Division Director submitting an agenda request with attached memorandum recommending the approval of the request as consistent with the purposes of the Fund. Resolution BC-01-23-19-C also requires that the Oneida Business Committee be responsible for authorizing use of the Fund by a resolution clearly identifying the amount of funds authorized and purpose of the funds, which may be identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation, and the employee responsible for authorizing expenditures of the authorized amount. This resolution states that the Oneida Business Committee does approve the allocation of $1, 247,800 from the Fund for the purpose of supporting Project ED19-021 OESCG – Seven Generations Corporation Loan Request, and has designated Jeffrey S. House, President/CEO of OESC Group, as being the party responsible for overseeing the expenditure of these funds. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Public Packet 70 of 417 Oneida Business Committee Agenda Request Adopt resolution entitled Appointment of Councilwoman Jennifer Webster to the Center for Medicare &... 1. Meeting Date Requested: 10 / 09 / 19 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: Requesting the Business Committee's adoption of the resolution to name Councilwoman Jennifer Webster as the Bemidji Area TTAG Representative and reaffirm David Larson as the technical advisor. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Melinda J. Danforth, Director of Intergovernmental Affairs Primary Requestor/Submitter: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 71 of 417 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Request: Business Committee adoption of the attached resolution appointing Councilwoman Jennifer Webster as the Bemidji Area TTAG representative and reaffirm the appointment of David Larson as the Bemidji Area Technical Advisor. Background In 2013, the Oneida Nation Business Committee appointed me to serve as the Bemidji Area Representative on the Center for Medicaid and Medicare Services (CMS) Tribal Technical Advisory Group (TTAG). TTAG's purpose is to provide advice and input to CMS on policy and program issues impacting American Indians and Alaska Natives (AI/AN) served by CMS' programs. TTAG meets face to face 3 times a year, holds monthly conference calls, and subcommittee meetings are held on a regular bas [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%3A407991383f3bafc3. Public record. Not legal advice.