Oneida Business Committee (2024)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

October 16, 2024

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

III.

Current Business

IV.

New Submissions

Additions

VI.

Administrative Updates

1. Certification of Amendments to Real Property Law Rule No. 2 - Comprehensive Housing

Division Residential Sales (pg. 2)

2. E-Poll Results: Approval of the Canceled October 2, 2024 LOC Meeting Materials (pg. 59)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

=DODDDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

Jameson Wilson, Legislative Operating Committee Chairman

October 16, 2024

Certification of Amendments to the Real Property Law Rule No. 2 –

Comprehensive Housing Division Residential Sales

The Legislative Operating Committee reviewed the certification packet provided for the

amendments to the Real Property Law Rule No. 2 – Comprehensive Housing Division Residential

Sales (“Rule”). The Legislative Operating Committee is responsible for certifying a proposed rule

after determining the authorized agency has complied with the requirements for certification stated

in section 106.7-2 of the Administrative Rulemaking law, and forwarding the rule to the Oneida

Business Committee for consideration of adoption. [1 O.C. 106.7-3].

Certification by the Legislative Operating Committee means:

 The certification packet provided by the Comprehensive Housing Division and Oneida

Land Commission for the Rule contained all documentation required by the

Administrative Rulemaking law for a complete administrative record;

 The promulgation of the amendments to the Rule complied with the procedural

requirements contained in the Administrative Rulemaking law; and

 The amendments to the Rule did not exceed the rulemaking authority granted under the

law for which the Rule is being promulgated. [1 O.C. 106.7-2].

The Legislative Operating Committee certified the Rule on October 16, 2024.

The purpose of the Rule is to provide the requirements for both the Nation and potential buyer

when the Comprehensive Housing Division offers a residential property for sale. [Rule 2.1-1]. The

proposed amendments to the Rule:

 Relabel this Rule from “Real Property Law Rule No. 2 – Comprehensive Housing Division

Residential Sales” to “Real Property Law Rule No. 4 – Comprehensive Housing Division

Residential Sales;”

 Change the selection process from a highest qualified offer process to lottery draw process,

through the following revisions:

 Require the Comprehensive Housing Division to provide the lottery date in the

advertisement. [Rule 4.4-1(b)].

 Clarify that the prequalification letter, regardless of lender, must be included with

the offer to purchase in the sealed envelope, to be considered a valid offer to

purchase for the lottery drawing. [Rule 4.6-2, 4.7-2].

 Require that offers to purchase must be for the listing price. Offers to purchase for

less than the listing price will not be considered, while offers to purchase for over

the listing price do not provide the offeror with a competitive advantage as the

Comprehensive Housing Division will not accept payment over the listing price.

[Rule 4.7-2(a)].

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A good mind. A good heart. A strong fire.

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Provide that prior to accepting an offer to purchase for the drop box, Bay Bank staff

shall ensure the offer is sealed and initial and date the offer, while also eliminating

the provision which addressed how Bay Bank Staff handled receipts of offers to

purchase made at the same time and date. [Rule 4.7-2(c)].

 Eliminate the provision which provides there is no limit as to how many offers to

purchase a Tribal member may submit within an offer period, and clarify that there

is allowed a maximum of one offer to purchase, and that multiple offers to purchase

will not be considered. If multiple offers to purchase are submitted from the same

offeror for a listing, that offeror will be disqualified and all offer to purchases from

said offeror will be ineligible for that lottery drawing. [Rule 4.7-2(d)].

 Revise when the Comprehensive Housing Division can collect the offers to

purchase from the business day immediately following the close of the offer period

to the date of the lottery. [Rule 4.7-3].

 Eliminate the provisions that provide that upon receipt of the offers to purchase

from Bay Bank, the Comprehensive Housing Division shall post the dollar amount

of the highest prequalified offer to purchase received on the Nation’s website; and

that offers to purchase received for which the Comprehensive Housing Division did

not receive proof of prequalification will not be considered. [Rule 4.7-3].

 Provide that upon receipt of the offers to purchase from Bay Bank, the

Comprehensive Housing Division shall host a public (in-person or virtual) lottery

date in which all sealed offers to purchase will have one half of a two-ticket raffle

ticket stapled to the sealed envelope with the other half of the ticket placed in a

lottery bucket. [Rule 4.8-1].

 Provide for who does the selection of the lottery drawing and how an offer to

purchase is selected through the lottery drawing. [Rule 4.8-2].

 Require the Comprehensive Housing Division to immediately confirm the selected

offer to purchase was prequalified, and if so, inform the selected buyer and proceed

to closing and residential lease signing. [Rule 4.8-3].

 Require that in the event the first selected buyer cannot proceed with closing and a

residential lease signing, Comprehensive Housing will move in chronological order

to the next ticket drawn at the time of the lottery drawing. [Rule 4.8-3].

Include a new provision which addresses minimum advertisement requirements for houses

that do not sell and requires that the Comprehensive Housing Division list each property

prepared for sale a minimum of three (3) times before Comprehensive Housing Division

asks the Oneida Land Commission to consider a use of the property that is potentially not

residential. [Rule 4.9-1].



The Rule was developed in accordance with the Real Property law which provides the regulations

and procedures for the transfer, control and management of the territory within the Reservation

and all Tribal land; to integrate these regulations and procedures with the real property laws and

practices of other federal and state sovereigns which may hold jurisdiction within the Reservation;

and to establish licensing and certification requirements for the Nation’s employees dealing with

real property transactions. [6 O.C. 601.1-1]. The Real Property law delegates joint administrative

rulemaking authority to the Oneida Land Commission and the Comprehensive Housing Division

to provide process requirements, including but not limited to advertising, notice, prequalification,

A good mind. A good heart. A strong fire.

Page 2 of 3

ONEIDA

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and selection, that apply in all circumstances when the Nation is selling a residential property. [ 6

O.C. 601.12-1].

The amendments to the Rule are now ready to be considered by the Oneida Business Committee

for adoption. The amendments to the Rule would become effective immediately upon adoption by

the Oneida Business Committee in accordance with section 106.9-1 of the Administrative

Rulemaking law.

Requested Action

Consider the adoption of amendments to the Real Property Law Rule No. 2 – Comprehensive

Housing Division Residential Sales.

A good mind. A good heart. A strong fire.

Page 3 of 3

ONEIDA

=DDDDOO=

ONEIDA

TO:

Legislative Operating Committee

FROM:

Michelle Hill, CHD Area Manager

DATE:

9-9-2024

COMPREHENSIVE HOUSING

DIVISION

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135

2913 Commissioner Street

PO Box 68

Oneida, WI 54155

(920) 869-2227

Fax(920)869-2836

SUBJECT: Request for Certification of Procedural Compliance of Real Property Rule No. 4 Residential Sales

The Comprehensive Housing Division, as defined in the Real Property law, is exercising its rulemaking

authority to further define sections of Title 6 Property and Land - Chapter 601 ; Real Prope1ty.

This rule is an amendment to the earlier rule (which was previously Real Property Rule #1) which changes the

process from a highest bidder above the asking price selection method to a new lotte1y method whereby no

homeowner ever pays above the appraised value of the home.

In accordance with the Administrative Rulemaking law, a public meeting was held for this rule on Thursday,

July 11, 2024 at the Comprehensive Housing Division Front Conference Room which was not attended by any

members of the community. There was 1 written comment received during the written comment period, which

expired on July 19, 2024.

The following attachments are included for your review:

1. Real Property Rule No. 4 - Residential Sales (redline to public meeting draft and clean versions) 1

2. Comprehensive Housing Division Rule Approval

3. Land Commission Rule Approval

4. Updated Summary Report

5. Public Meeting Packet

6. Copy of Public Meeting Published in the Kalihwisaks - Page 22 of the July 2024 Issue and page 31 of the June

Issue

7. No Public Meeting Sign-in Sheet is attached because no one attended the meeting.

8. Public meeting transcription from the July 11 , 2024 Public Meeting

9. Written Comment Received

10. Public Meeting Comment Memorandum

Following certification, this rule shall become effective immediately.

1 The rule was original Real Property Rule #1; we knew that we would have a LANDBAC rule as the new Real Property #1 when this

rule when to public meeting so we made this Real Property Rule #2 in the public meeting draft and since completing review of the

land use processes, it has been determined this should be Real Property #4. CHD has determined that because there are no content

revisions to the rule, an additional public meeting is not required to implement the change to renumber this Real Property Rule #4.

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RED LINE TO PUBLIC MEETING DRAFT

Title 6. Property and Land - Chapter 601

REAL PROPERTY

Residential Sales

Division

Housing

ive

Rule # ~1:. - Comprehens

~h-P-tti=pese--at1a-Effective Date

2.2. Adoption, Amendment and Repea-1~efinition s

2.4. Advertising and Showi-ttgs

~ of First Refusal to Current Tenant

2.6. Prequalification

2.7. Offers to Purchase

2.8. Offer to Purchase Lottery

2.9. Houses That Do Not Sell

24.1 . Purpose and Effective Date

4.2. Adoption, Amendment and Repeal

4.3. Definitions

4.4. Advertising and Showings

4.5. Right of First Refusal to Current Tenant

4.6. Prequalification

4.7. Offers to Purchase

4.8. Offer to Purchase Lotte1y

4.9. Houses That Do Not Sell

Purpose and Effective Date

4.1.

· 21.1-1. Pt117Jose. The purpose of this rule is to provide the requirements for both the Nation and

potential buyer when the Comprehensive Housing Division offers a residential property for sale.

2.1.1-2. Delegation. The Real Property law delegated the Comprehensive Housing Division and

Land Commission joint rnlemaking authority pursuant to the Administrative Rulemaking law.

2,1.2. Adoption, Amendment ancl Repeal

2.1.2-1. This rule was jointly adopted by the Comprehensive Housing Division and Land

Commission in a.ccordance with the procedures of the Administrative Rulemaking law.

2.1.2-2. This rule may be amended or repealed by the joint approval of the Comprehensive Housing

Division and Land Commission pursuant to the procedures set out in the Administrative

Rulemaking law.

2.1.2-3. Should a provision of this rule or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of this rule which are considered

to have legal force without the invalid portions.

2.1.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,

internal policy, procedure, or other regulation; the provisions of this rule control.

2.1.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements

relating to the Real Property law.

2,1.3. Definitions

21.3-1. This section governs the definitions of words and phrases used within this rule. All words

not defined herein are to be used in their ordinary and everyday sense.

(a) "Appraisal Value" means the estimated worth of the property based on a review of the

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property'and market values.

(b) "Nation" means the Oneida Nation.

(d) "Offer to purchase packet" means that the offer to purchase must be submitted with a

prequalification letter in a sealed plain envelope on the day Comprehensive Housing

Division has determined to be the day they accept the offers to purchase.

l,1.4. Advertising and Showings

;!_4.4-1. Advertising. The Comprehensive Housing Division shall advertise all homes for sale by

the Nation both on the Nation's website and at the Comprehensive Housing Division.

~4a) The Comprehensive Housing Division shall use the home's appraisal value as the

listing price on the advertisement.

(b) The Comprehensive Housing Division shall provide the showing dates, the

prequalification and offer periods and the lottery date in the advertise1nent.

an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection

Ordinance, the advertisement shall also include the costs estimated by the Comprehensive

Housing Division for the minimum improvements required to make the residence eligible

for an occupancy permit. In addition, the cost estimate shall also include estimated costs

to address any health and safety issues which may not amount to a code violation affecting

an occupancy permit. The estimate shall include a disclaimer that the actual costs of the

improvements may exceed the costs estimated by the Comprehensive Housing Division.

;!_1.4-2. Showings. For each home sold by the Nation, the Comprehensive Housing Division shall

conduct showings over the course of one (1) week with a minimum of two (2) public showings

wherein one (1) showing is required to be conducted during the Nation's business hours and one

(1) showing is required to be conducted after the Nation's business hours. In addition to the two

(2) required public showings, the Comprehensive Housing Division may schedule private

showings upon a potential buyer's request at Comprehensive Housing Division' s discretion.

l,1.5. Right of First Refusal to Current Tenant

;!_1,5-1. Right of First Refi1sal to Current Tenant. If the Nation choses to cease renting a property

with a current tenant and choses to sell said property as residential property as is, provided that the

tenant is in good standing with the rental agreement, the Comprehensive Housing Division shall

offer the tenant the right of first refusal to purchase the home subject to the mortgage requirements.

l,1.6. Prequalification

;!_1,6-1. Setting the Prequalification Period. The Comprehensive Housing Division shall set the

prequalification period as the week inunediately following the showing week.

;!_1,6-2. Prequalification Required. All interested buyers shall provide proof of prequalification for

the homes listed pi'ice in order to be eligible to submit an offer to purchase. The prequalification

letter, regardless of lender, must be included with the offer to purchase in the sealed envelope, to

be considered a valid offer to purchase for the lottery drawing.

(a) Prequalification may . be from the Comprehensive Housing Division or an outside

lender.

(b) If an interested buyer plans to finance the purcha~e through a mortgage from the ·

Comprehensive Housing Division, the interested buyer shall schedule a meeting with the

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Comprehensive Housing Division during the prequalification week in order to determine

eligibility.

an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection

Ordinance, an interested buyer is required to be pre-approved for the listed price of the

home as-is as well as the costs estimated by the Comprehensive Housing Division for the

minimum improvements required to make the residence eligible for an occupancy permit

and to address any health and safety issues that may not amount to code violations affecting

an occupancy permit.

2-.1,.7. Offers to Pm·chase

21.7-1. Setting the Offer Period. When the Comprehensive Housing Division offers a home for

sale, it shall set an offer period of one (1) business day during which offers to purchase may be

submitted at the Bay Bartle drop box. The Comprehensive Housing Division may extend the offer

period by providing notice of the extension both on the Nation's website, and at Bay Bank and the

Comprehensive Housing Division. The Comprehensive Housing Division shall disqualify offers

to purchase received outside of the offer period.

21,7-2. Making an Offer to Purchase. Tribal members wishing to make an offer to purchase on a

home for sale by the Nation may do so by submitting an offer to purchase at the Bay Bartle drop

box, in person, using the offer to purchase form available on the Nation's website and at the

Comprehensive Housing Division. An approved lender A._prequalification letter from

Comprehensive Housing Division or another a lender approved by Comprehensive Housing

Division must be included with the offer to purchase, regardless of lender. Comprehensive

Housing Division letters of prequalification must be submitted .vith offer to purchase. Offers to

purchase that are not submitted using the Nation's form will not be accepted by the Comprehensive

Housing Division.

(a) Offers to purchase must be for the listing price. Offers received for less than the listed

price will not be considered, and GHDComprehensive Housing Division will not accept

offers above the listing price.

(b) Offers to purchase that do not include at least one (1) Tribal member will not be

considered.

time stamp or sign the offer to purchase and ensure it is sealed and initial and date the

sealed offer.

(d.) Multiple offers) Offers may submit a maximum of one (1) offer to purchase will not

-be consideredper residential sale site. If multiple offers to purchase are submitted from the

same offeror for a listing, that offeror will be disqualified andresulting in all effetthe

offeror' s offers to purchasespurchase being disqualified and removed from

saieconsideration in the offeror will be ineligible for thatselection lottery drawing.

~ .7-3. Comprehensive Housing Division Receipt of Offers to Purchase. Comprehensive Housing

Division staff may not collect the offers to purchase until the day of the lottery.

2-_1.8.

Offer to Purchase Lottery

l1.8-l. Lotte1J' Date. Upon receipt of the offers to purchase from Bay Bartle,--the Comprehensive

Housing Division shall host a public (in-person or virtual) lottery date. All sealed offers to purchase

will have one half of a two-ticket raffle ticket stapled to the sealed envelope with the other half of

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the ticket placed in the lottery bucket.

2_1.8-2. LotteJJ' Dmwing. If members of the public are present for the lottery date, then a citizen

shall be asked to select a raffle ticket to select a raffle ticket from the lottery bucket. If no members

of the public are present at the lottery date, then a Comprehensive Housing Division administrator

shall be asked to select the raffle ticket from the lottery bucket. The offer in the sealed envelope

with the matching ticket that was drawn from the lottery bucket will be the first offer to purchase

eligible for the home contingent on the application packet being complete. Once the first offer to

purchase is drawn Comprehensive Housing Division will proceed to pick all remaining tickets and

record the ticket number and offeror in chronological order. If the first draw is not eligible

Comprehensive Housing Division will move on to the second draw and so forth until there is an

accepted offer to purchase.

2_1.8-3. Comprehensive Housing Division Confirmation of Prequalijied Offer. Comprehensive

Housing Division staff shall open the selected offer immediately to ensure the offeror prequalified.

If the selected offer prequalified as required, Comprehensive Housing Division staff shall inform

the selected buyer and proceed to closing and residential lease signing.

---(-aa)+---J n the event the first selected buyer caimot proceed with closing and a residential

lease signing, Comprehensive Housing will move in chronological order to the next ticket drawn

at the time of the lottery drawing.

2_4.8-4. Financing. If financing is required, the selected buyer may choose to finance either through

the Nation's mortgage program or through an approved outside lender approved by

Comprehensive Housing Division.

2_1.8-5. No Appeal. -The decisions made in regard to Comprehensive Housing Division residential

sales are final.- Neither the Oneida Judiciary nor any administrative body, including a board,

committee or commission is authorized to hear a complaint in regard to Comprehensive Housing

Division decisions related to residential sales.

i~.9. Houses That Do Not Sell

2_4.9-1. ~Minimum Advertisements. Comprehensive Housing Division shall list each property

prepared for sale a minimum oftlll'ee (3) times before Comprehensive Housing Division asks the

Land Commission to consider a use of the property that is potentially not residential. For this

section, listing a property for sale entails the entire residential sales process including

advertisement, prequalification, offer to purchase submittals and lottery draws.

End.

Original effective elate:

Amendment effective dale:

03-09-20 I 7

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Title 6. Property and Land - Chapter 601

REAL PROPERTY

Residential Sales

Division

Housing

nsive

Rule # 2 - Comprehe

•

2. I. Purpose and Effective Date

2.2. Adoption, Amendmen t and Repeal

2.3. Definitions

2.4. Advertising and Showings

2.5. Right of First Refusal to Current

Tenant

2.6. Prequalifica tion

2.7. Offers to Purchase

2.8. Final Decision

Purpose and Effective Date

2.1.

2.1-1. Purpose. The purpose of this rule is to provide the requirements for both the Nation and

potential buyer when the Comprehensive Housing Division offers a residential prope1ty for sale.

2.1-2. Delegation. The Real Property law delegated the Comprehensive Housing Division and

Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking law.

Adoption, Amendment and Repeal

2.2.

2.2-1. This rule was jointly adopted by the Comprehensive Housing Division and Land

Commission in accordance with the procedures of the Administrative Rulemaking law.

2.2-2. This rule may be amended or repealed by the joint approval of the Comprehensive Housing

Division and Land Commission pursuant to the procedures set out in the Administrative

Rulemaking law.

2.2-3. Should a provision of this rule or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of this rule which are considered

to have legal force without the invalid p01iions.

2.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,

internal policy, procedure, or other regulation; the provisions of this rule control.

2.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements

relating to the Real Property law.

Definitions

2.3.

2.3-1. This section governs the definitions of words and phrases used within this rule. All words

not defined herein are to be used in their ordinaiy and everyday sense.

(a) "Appraisal Value" means the estimated w01ih of the prope1ty based on a review of the

prope1ty and market values.

(b) "Nation" means the Oneida Nation.

Advertising and Showings

2.4.

2.4-1. Advertising. The Comprehensive Housing Division shall adve1iise all homes for sale by

the Nation both on the Nation' s website and at the Comprehensive Housing Division.

(a) The Comprehensive Housing Division shall use the home's appraisal value as the

listing price on the advertisement.

(b) The Comprehensive Housing Division shall provide the showing dates and

prequalification and offer periods in the advertisement.

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13 of 135

an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection

Ordinance, the advertisement shall also include the costs estimated by the Comprehensive

Housing Division for the minimum improvements required to make the residence eligible

for an occupancy permit. In addition, the cost estimate shall also include estimated costs

to address any health and safety issues which may not amount to a code violation affecting

an occupancy permit. The estimate shall include a disclaimer that the estimate is just that

and actual costs of the improvements may exceed the costs estimated by the

Comprehensive Housing Division.

2.4-2. Showings. For each home sold by the Nation, the Comprehensive Housing Division shall

conduct showings over the course of one (1) week with a minimum of two (2) public showings

wherein one (1) showing is required to be conducted during the Nation's business hours and one

(1) showing is required to be conducted after the Nation's business hours. In addition to the two

(2) required public showings, the Comprehensive Housing Division may schedule private

showings upon a potential buyer's request at its discretion.

Right of First Refusal to Current Tenant

2.5.

2.5-1. Right of First Refi1sal to Current Tenant. If the Nation choses to cease renting a property

with a current tenant and choses to sell said property as residential property as is, provided that the

tenant is in good standing with the rental agreement, the Comprehensive Housing Division shall

offer the tenant the right of first refusal to purchase the home subject to the mortgage requirements.

Prequalification

2.6.

2.6-1. Setting the Prequalifi.cation Period. The Comprehensive Housing Division shall set the

prequalification period as the week immediately following the showing week.

2.6-2. Prequalifi.cation Required. All interested buyers shall provide proof of prequalification for

the homes listed price in order to be eligible to submit an offer to purchase.

(a) Prequalification may be from the Comprehensive Housing Division or an outside

lender.

(b) If an interested buyer plans to finance the purchase through a m01igage from the

Comprehensive Housing Division, the interested buyer shall schedule a meeting with the

Comprehensive Housing Division during the prequalification week in order to determine

eligibility.

an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection

Ordinance, an interested buyer is required to be pre-approved for the listed price of the

home as-is as well as the costs estimated by the Comprehensive Housing Division for the

minimum improvements required to make the residence eligible for an occupancy permit

and to address any health and safety issues that may not amount to code violations affecting

an occupancy permit.

Offers to Purchase

2. 7.

2.7-1. Setting the Offer Period. When the Comprehensive Housing Division offers a home for

sale, it shall set an offer period of one (1) business day during which offers to purchase may be

submitted at the Bay Bank drop box. The Comprehensive Housing Division may extend the offer

period by providing notice of the extension both on the Nation's website, Bay Bank and the

Comprehensive Housing Division. The Comprehensive Housing Division shall disqualify offers

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to purchase received outside of the offer period.

2.7-2. Making an Offer to Purchase. Tribal members wishing to make an offer to purchase on a

home for sale by the Nation may do so by submitting an offer to purchase at the Bay Bank drop

box, in person, using the offer to purchase form available on the Nation's website and at the

Comprehensive Housing Division. Offers to purchase that are not submitted using the Nation's

form will not be accepted by the Comprehensive Housing Division.

(a) Offers to purchase for less than the listing price will not be considered.

(b) Offers to purchase that do not include at least one (1) Tribal member will not be

considered.

time stamp all offers to purchase upon receipt. In the event that multiple parties arrive at

the same time to submit an offer to purchase (i.e. if parties are waiting to submit prior to

business hours), Bay Bank staff shall determine the order of receipt through a lottery

system in which each party receives a number by chance. Bay Bank staff shall number the

offers having the same date and time stamps by from lowest drawn number to highest

drawn number.

(d) There is no limit as to how many offers to purchase a Tribal member may submit within

an offer period.

2.7-3. Comprehensive Housing Division Receipt of Offers to Purchase. Comprehensive Housing

Division staff may not collect the offers to purchase until the business day immediately following

the close of the offer period. Upon receipt of the offers to purchase from Bay Banlc, the

Comprehensive Housing Division shall post the dollar amount of the highest prequalified offer to

purchase received on the Nation' s website; no personal information of the offeror may be included

in this posting. Offers to purchase received for which the Comprehensive Housing Division did

not receive proof of prequalification will not be considered.

2.7-4. Buyer Selection. When the Comprehensive Housing Division receives multiple offers to

purchase on a home for sale by the Nation, it shall select the buyer based on the highest prequalified

offer received within the offer period. In the event there is a tie for the highest prequalified offer

to purchase received within the offer period, the Comprehensive Housing Division shall select the

offer that was received earliest based on the date and time stamp.

2.7-5. Financing. If financing is required, the selected buyer may choose to finance either

through the Nation's mortgage program or through an outside lender.

Final Decision

2.8.

2.8-1. No Appeal. The decisions made in regard to Comprehensive Housing Division residential

sales are final. Neither the Oneida Judiciary nor any administrative body, including a board,

committee or commission is authorized to hear a complaint in regard to Comprehensive Housing

Division decisions related to residential sales.

End.

Original effective date:

Amendment effective date:

03-09-2017

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r'\

ODOOOO

ONEIDA

TO:

Legislative Operating Committee

FROM:

Mark W. Powless, General Manager

DATE:

September 9, 2024

DIVISION

COMPREHENSIVE HOUSING

16 of

135

2913 Commissioner Street

PO Box 68

Oneida, WI 54155

(920) 869-2227

Fax (920) 869-2836

SUBJECT: Residential Sales Rule - CHO Approval

Due to the Comprehensive Housing Director being out of office, as the General Manager, on behalf of the

Comprehensive Housing Division, I approve the current draft of the Residential Sales Rule with no changes

being made since the July 11, 2024 Public Meeting.

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~Y'\c\

C om m , 63 \lYY\

O pprD"\Ja \

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Oneida Land Commission

ONEIDA

Regular Meeting

5:00 p.m. Monday, September 23, 2024

Little Bear Conference Room & Microsoft Teams

mooDD=

Minutes

Present: Vice Chair Sidney White, Commissioners : Marie Cornelius, Patricia Cornelius, Russell Metoxen

•

Jr., Frederick Muscavitch, Gina Powless-Buenrostro

A~wd~N~

.•· .•• •• •·•

Excused:

Lauren Hartman, Michelle Hill,

Fiowers,

Victoria

Doxtator,

Brooke

Benton,

Sherrole

Others Present:

Tehassi Hill, Eric Mclester, Mark W. Powless, Nicole Romfhel,,<lenniferWebster, Diane Wilson;

...-:

'·

•

"' ,.

•\· ;__..

•

CALL TO ORDER AND ROLL CALL

Meeting called to order by Vice Chair Sidney White ~iKoo p.m.

'···\

• ,.·-~

•

' ···,

·:-

II.

ADOPT THE AGENDA

• ·}.

:-:-

-.:. :: ,,. -~

,: :: ::-i•·:-._

·r ··' , •~·

Motion by Frederick Muscavitch to adopt the §lg~nd;~ithJwo (2) aq_ditiq_ns [1) V.B . Document the

mber 9, ~024, re~ular ~~-~d Commissio~ :n::i._eeting ang)Y.G. Hciu~~k~eping Rules, seconded by

Sep~e_

, ,. <

• • . ' o.•· •

Patricia Cornelius. Motion earned: .

Metoxen Jr., Frederick

Ru'ssell

C~rn~lius,

cia

Cornelius;·patri

rie

•

•••

.··.,

Ayes:,

less-Buerirosfro

Gina·P,o,

Muscavitch,

(< L ••

-_:- .

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❖:

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Ill.

ELECTION O.F OFFICERS>

-:::.

Nomina.tidr,s bpen for'Ch~if:,Gina 'Powless-Buenrostro ndmtnates Sidney White for Chair, Sidney accepts

withoufbeihg sole represehtative at fri'e' General Trib'a) Council meetings, no other nominations made, all

.,, •·

•,

those in favor:

'{ i Marie c'otnelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

···;Muscavitch ;:Gina Powless-Buenrostro

-.;

;,;

-.-: :,,

Nominations open for:.:, '<i9e Chair: s rfJgerick Muscavitch nominates Russell Metoxen Jr., Russel accepts,

no other nominations in~df!, all thtJSf? ;n favor:

. •·• ·Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

' Muscavitch, Gina Powless-Buenrostro

. •· ;i'.;

Nominations open for Secretary: Patricia Cornelius nominates Frederick Muscavitch, all those in favor:

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

Muscavitch, Gina Powless-Buenrostro

Oneida Land Commission

Regular Meeting Minutes

Page 1 of 6

September 23, 2024

19 of 135

IV.

TASK LIST

A. Right of First Refusal - Legal Opinion

B. New York Land

1. Hunting

2. Imminent Domain

C. Realtor Backup

D. Building Naming

E. Developer Agreement

F. Joint Meeting - OBC & OLC Tuesday, September 10, 2024- CANCELLED

G. Housekeeping - assign time limits to agenda items, add to agenda request, move agenda

request deadline to Tuesday, and packet out by Thursday. Brooke will update schedule and bring

to the October 14, 2024, meeting for approval.

READING OF MINUTES

A. Approve the August 26, 2024, regular Oneida Land Commission meeting minutes

• •

Sponsor:

i~:

2024, r~gular Oneida Land Commission

Motion by Frederick Muscavitch to approve the August

•·• ••

meeting minutes, seconded by Marie Cornelius. Motion c arded : •.•. •

Marie Corn,elius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

.,, •

Muscayitc;h • • , ; .

Gina Powl~ss~Buenrostro

Abstained :

B. Document the Septernber 9, 2024, reg~lar One,id!( La,nd Com.i:nission meeting

• ,,./ •

,.... · k.,..,

· ·•,

• • • ••

Sponsor:

·,;···

Motion by Frederick Mus_c; yitch to do9ury,ent the Se pte.~ber 9, 2024, ~as cancelled due to no quorum ,

attendees were Sidney White ,- Sherrole·Henton , and Fre,derick Muscavitch , seconded by Marie Cornelius.

"·· >

//'' ·

'·•·•' •

Motion carried :

... ·rv,a fie Co,rnelius, Patdda Cornelius, Russell Metoxen Jr., Frederick

; Ayes:

• • 1\/luscavitch • . . ·"

6stro

Gina·.powless-Buerir

Abstained : '

-~:: / -~

VI.

TABLEO •ijl)S!~ESS

VII.

OLD BUSINESS "' • • ;:'

A. Determine next steps regarding Veteran Memorial Wall Naming

Sponsor: Diane Wilson' •

Motion by Gina Powless-Buenrostro to get input from Oneida Nation Veterans Affairs Committee,

seconded by Marie Cornelius. Motion carried :

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

Muscavitch, Gina Powless-Buenrostro

Oneida Land Commission

Regular Meeting Minutes

Page 2 of 6

September 23, 2024

20 of 135

B. Approve the Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT)

Standard Operating Procedure (Handout)

Sponsor: Nicole Rommel

Motion by Frederick Muscavitch to defer to the next meeting , seconded by Gina Powless-Buenrostro.

Motion carried:

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

Muscavitch, Gina Powless-Buenrostro

C. Approve the Naming Standard Operating Procedure (Handout)

Sponsor: Nicole Rommel

Motion by Gina Powless-Buenrostro to defer to the next meeting , seconded by Frederick Muscavitch .

;; ./,

Motion carried:

Marie Cornelius, Patricia Cot'riEJljus, Russell Metoxen Jr., Frederick

Ayes:

Muscavitch, Gina Powless~Buenrostro

., .

...

. -:.

VIII. . NEW BUSINESS

A. Approve Rule# 4 - Comprehensive Housing~Division ~esidential Sal~s

• ,;", , .••.· •·

Sponsor: Michelle Hill

.". -:..

·,

•

Motion by Gina Powless-Buenrostro to appfove Rule# 4 - Compr ehensive Housing Division Residential

Sales, seconded by Frederick Muscavitch. 'Mofioh carried:

Patricia Cornelius, Russell Metoxen \ Jr., Frederick Muscavitch, Gina

Ayes:

Powless-Buenrostro' •

·~ . :-'

/·· M~rie Corn81i\J·s

Abstained :

For the record: Marie at;,stained be~aus'e she waAted moi e time to rkad the documents.

B. Determine next steps regardiri'g Rights of Nature laws

Sponsor: Sherr:ole Benton .• · ... ' ' • , ' , , . '::, , .

.:{~ .f

Motionb'y Gina Powless~Buenrostr~ pirect the En0i~d:nmental Department to review the ordinance and

provide recommendations related to erih9 hced water protections and rights of nature, seconded by

Frederick Muscavitch . Motion carried :

' :Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

❖ Ayes:

·rvi uscavitch ,' Gina Powless-Buenrostro

.,,

IX.

REPORTS (FY-24 DEAD ~I.N,E~ :~1'-FEB 6, SEMI-ANNUAL-APR, Q2-APR 30, Q3-AUG 6, ANNUAL-OCT, Q4-NOV 5)

-:-._~-. ,: : }

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Motion by Gina Powless-Buenrostro to go into executive session at 5:47 p.m., seconded by Marie

Cornelius. Motion carried :

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

Muscavitch, Gina Powless-Buenrostro

Motion by Gina Powless-Buenrostro to 6:59 p.m., seconded by Patricia Cornelius. Motion carried:

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes :

Muscavitch, Gina Powless-Buenrostro

Oneida Land Commission

Regular Meeting Minutes

Page 3 of 6

September 23, 2024

21 of 135

EXECUTIVE SESSION

A. PROBATES

1. Approve Probate Hearing Date for Louis T. Delgado and Assign Case# 2024-LCP-0003

Sponsor: Cindy Leeker

Motion by Marie Cornelius to assign Case# 2024-LCP-0003 and to bring back recommended hearing

dates and updates to officers, seconded by Gina Powless-Buenrostro . Motion carried :

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes :

Muscavitch , Gina Powless-Buenrostro

2. Approve Probate Hearing Date for Dawn L. Beec,htree·; and Assign Case# 2024-LCP.•.• ,,

0004

Sponsor: Cindy Leeker

.. :

Motion by Marie Cornelius to assign Case# 2024-LCP-0004 and to bring·b.ack recommended hearing

dates and updates to officers, seconded by Gina powless-Buenrostro . Moticir(carried :

Marie Cornelius; Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes :

•

Muscavitch, Gina 'Powless-Buenrostro

.. ' .

'<. ;~ ·:. >~.

3. Approve Probate Hearing Date for Leo W. Su~dqui_si , and Assign Case# 2024-LCP•~ ;,

•

0006

·,:

Sponsor: Cindy Leeker

Motion by Marie Cornelius to assign Case #'202~-LCP-QOQ9 ;:ind t; 'bri ~g ,back recommended hearing

dates and updates to offiGers,;seconded by G'ina Powless 0 Buer,rostro. 'Mofi9n carried :

'rviarie Cornelius ;❖ Patricla' tcirrielius, Russell Metoxen Jr.' Frederick

Ayes: .•·

osfro

Muscavitch, Gina··Powless-Bue'rir

• •

;: .

••

B. LEASES

-::·.

1 . • Re~App~ove Master Gr6und Lease for Fil; #. 0502401 COM pg.

••

• • ••

, C . . ·•·· Sponsor: Ni¢olet Rommel ..

•:, .

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Motion by !Ylari~ Cornelius tci approve the Master Ground Lease for File # 0502401 COM with the Land

suisition Managers recommendation of

seconded bY Frederick Muscq\ljtch. Motion carried:

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

' <. f\yes :

Muscavitch

~ln~ Powless-Buenrostro

Oppo$eif ' ·.

For the record: Gina is oppb s¥d f ecause she not comfortable.

Preliminary Approval to accept the right of first refusal

Sponsor: Nicole Rommel

Motion by Frederick Muscavitch to approve preliminary approval to accept the right of first refusal by

either assuming the mortgage or satisfying the mortgage, seconded by Marie Cornelius. Motion carried :

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes :

Muscavitch, Gina Powless-Buenrostro

Oneida Land Commission

Regular Meeting Minutes

Page 4 of 6

September 23, 2024

22 of 135

C. ACQUISITIONS

1. Approve the Final Report for File# 01202201V

Sponsor: Lauren Hartman

Motion by Marie Cornelius to approve the Final Report for File# 01202201V, seconded by Patricia

Cornelius. Motion carried :

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

Muscavitch,

Gina Powless-Buenrostro

Abstained :

2. Approve the Final Report for File# 03202401V

Sponsor: Lauren Hartman

Motion by Marie Cornelius to approve the Final Report fo,r F:fle # 03202401V, seconded by Patricia

• ••

Cornelius. Motion carried :

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes :

Muscavitch , '·· '

Gina Powless-Buenrostro

Abstained:

t·· .r·

Determine next steps regc:lrding File# 05202401 RES

Sponsor: Lauren Hartman •

Motion by Gina Powless-Buenrostro to deny th_~ co~nteroffer for File#,05202401 RES, seconded by

' '

Frederick Muscavitch . Motion carried :

Ayes: / • • .·, , Marie Corn-~liLls, Patricia Cornelius, .R1.i'ssell Metoxen Jr., Frederick

!'J1uscavitch, °c3inc1 Powless~Eue'nrostro '

• ' ••

Determine' f\8Xt steps reg~rding File# oako2403R

' .. ' \

Sponsor: Lauren .Hartman " !

•

❖'

,: :~· <

for File #08202403R,

Motion by, Giria' POl,/'J !ess-Bueni-ostr6 t6 approvef an offer

secon~J3JJ~9y .Marie Corri,eliJJS . Moti~.n :c~rried : "·· .~: -~ .

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr. , Frederick

Ayes : \

.. _Muscavitch, Gina Powless-Buenrostro

Det~~rnine next st~p_s, ~egarding home trade request

·Sherrole Benton..,

Sporisor:

~. ' .

;

Motion by Gina Powle~s 0 Buenrostro.t6 accept as information, seconded by Marie Cornelius. Motion

• ••

·\ •·

carried :

•Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes :

Muscavitch, Gina Powless-Buenrostro

Determine next steps regarding File# 08202401 R

Sponsor: Lauren Hartman

Motion by Gina Powless-Buenrostro to continue researching with the Comprehensive Housing Division ,

seconded by Marie Cornelius. Motion carried:

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes :

Muscavitch, Gina Powless-Buenrostro

Oneida Land Commission

Regular Meeting Minutes

Page 5 of6

September 23, 2024

23 of 135

7. Accept the Land Acquisition budget update

Sponsor: Lauren Hartman

Motion by Gina Powless-Buenrostro to accept the Land Acquisition Budget update, seconded by Patricia

Cornelius. Motion carried:

Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick

Ayes:

Muscavitch, Gina Powless-Buenrostro

8. Approve final Acquisition Data Sheet

Sponsor: Nicole Rommel

Motion by Marie Cornelius to defer the final Acquisition Data Sheet to allow for Commission review,

/ .'. .

•

seconded by Patricia Cornelius. Motion carried :

Marie Cornelius, Patricia Comeliu·s;' Russell Metoxen Jr., Frederick

Ayes:

Muscavitch, Gina Powless-;f3Li~nr6stro

XI.

ADJOURNMENT

Motion by Gina Powless-Buenrostro to adjourn at'7:05-.p.m., seconded by Marie Cornelius. Motion

carried :

Marie Cornelius, P; fricia Cornelius/ Russell Met;;en Jr., Frederick

Ayes:

•••

Muscavitch, Gina Powless.::Buerfrostro

"" ':

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' • • '. '..'. . .

Roll call for the record:

Present: Chair Sidney White, Vice Chair Russell Metoxen Jr.>s ~cr;etary Frederick Muscavitch,

Commissioners: Marie Cornelius, Patricia Cornelius, Gina Powies$~'$µenrostro

·-:.:

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Minutes prepared by Brooke Doxtator, Boards, Committees, and Commissions Supervisor.

Minutes approved as presented _ _ _ __

Frederick Muscavitch, Secretary

Oneida Land Commission

Regular Meeting Minutes

Page 6 of 6

September 23, 2024

24 of 135

25 of 135

Summary Report for Real Property Law Rule No. 4 - CHD Residential Sales

Original effective date: 03-09-2017

Amendment effective date: asap

Name of Rule: Real Property Law -Rule No. 2 CHD Residential Sales

Name of law being interpreted: Real Property Law

Rule Number: No. 4

Other Laws or Rules that may be affected: None

Brief Summary of the proposed rule:

We are changing the process of how CHD sells our Residential Sales homes. We are deleting the highest

accepted offer from the current rule and changing it to a lottery draw contingent upon applicant's

prequalification. We will no longer accept offers above asking/listed price .

Statement of Effect: See attached.

Financial Analysis: See Attached.

Note: In addition- the agency must send a written request to each entity which may be affected by the

rule- asking that they provide information about how the rule would financially affect them.

The agency must include each entity's response in the financial analysis. If the agency does not receive a

response within 10 business days after the request is made, the financial analysis can note which entities

did not provide a response.

26 of 135

27 of 135

Financial Analysis for Real Property Law Rule No. 4 CHD Residential Sales

Description/Comment

Type of Cost

Start Up Costs

Personnel

Office

Documentation Costs

Estimate of time necessary for an individual

or agency to comply with the rule after

implementation

Other, please explain

Total

Dollar Amount

The amount of financial impact

fluctuates house by house based

on market demand. See attached

table which summarizes

Residential Sales in the last two

years. The chart provides the list

purchased priced which is based

on the appraisal after

improvements by CHO. The fina l

sale price is the highest eligible

offer accepted by t he Nation.

TBD

?\i;v?t Qa ttt:\-,u:,h-wl

28 of 135

Comprehe nsive Housing

Residential Sales

2022 - 2024

2022

May

November

December

ADDRESS

W788 County Rd VV

W882 Bain Road

W223 Crook Road

2023

ADDRESS

August

602 Florist Dr

1329 Onu-u-sla Way

ASKING PURCHASE PRICE

$241,234.00

$390,000.00

$200,000 .00

$421,000.00

$240,000.00

TOTAL:

$902,234.00

ASKING PURCHASE PRICE

$225,000.00

$210,000 .00

TOTAL:

2024

ADDRESS

February

1071 Riverdale Dr

PURCHASE PRICE

$200,000.00

ASKING PURCHASE PRICE

PURCHASE PRICE

$276,000.50

$230,005.05

$506,005.55

PURCHASE PRICE

$260,000 .00

$308,000.00

TOTAL:

$308,000.00

29 of 135

r'\_

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida•nsn.gov

OOCJODO

ONEIDA

Statement of Effect

Amendments to the Real Property Law Rule No. 2 - Comprehensive Housing Division

Residential Sales

Summa,y

The amendments to the Real Property Law Rule No. 2 - Comprehensive Housing Division

Residential Sales:

• Relabel this Rule from "Real Property Law Rule No. 2 - Comprehensive Housing

Division Residential Sales" to "Real Property Law Rule No. 4 - Comprehensive Housing

•

Division Residential Sales;"

Change the selection process from a highest qualified offer process to lottery draw

process; and

Addresses the minimum advertisement requirements for houses that do not sell.

Submitted by: Clarissa N. Leeman, Senior StaffAttorney, Legislative Ref erence Office

Date: September 30, 2024

Analysis by the Legislative Reference Office

The Administrative Rulemaking law provides authorized agencies the opportunity to promulgate

rules interpreting the provisions of any law enforced or administered by it; provided that, a rule

may not exceed the rulemaking authority granted under the law for which the rule is being

promulgated. [l O.C. 106.4-1]. Rulemaking authority is defined as the delegation of authority to

authorized agencies found in the Nation's laws, other than the Administrative Rulemaking law,

which allows authorized agencies to implement, interpret and/or enforce a law of the Nation. [l

O.C. 106.3-l(;J]. An authorized agency is defined as "any board, committee, commission,

department, program or officer of the Nation that has been granted rulemaking authority." [l O.C.

106.3-l(a)].

The Real Property law provides regulations and procedures for the transfer, control and

management of the territory within the Reservation and all Tribal land; to integrate these

regulations and procedures with the real property laws and practices of other federal and state

sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and

certification requirements for the Nation's employees dealing with real property transactions. [6

0. C. 601.1-1]. It is the policy of the Nation to set out the responsibilities and expectations for

persons purchasing and/or managing real property on behalf of the Nation and/or within the

Reservation and to provide real property holder' s rights and responsibilities. [6 O.C. 601 .1-1}.

Page 1 of 3

A good mind. A good heart. A strong fire.

30 of 135

The Real Pro_perty law delegates joint administrative rulemaking authority to the Oneida Land

Commission and the Comprehensive Housing Division to provide process requirements, including

but not limited to advertising, notice, prequalification, and selection, that apply in all circumstances

when the Nation is selling a residential property. [ 6 O. C. 601.12-1].

The purpose of the Real Property Law Rule No. 2 - Comprehensive Housing Division Residential

Sales ("the Rule") is to provide the requirements for both the Nation and potential buyer when the

Comprehensive Housing Division offers a residential property for sale. [Rule 2.1-1]. The proposed

amendments to the Rule:

Relabel this Rule from "Real Property Law Rule No. 2 - Comprehensive Housing Division

■

Residential Sales" to "Real Prope1ty Law Rule No. 4 - Comprehensive Housing Division

■

Residential Sales;"

Change the selection process from a highest qualified offer process to lottery draw process,

through the following revisions :

Require the Comprehensive Housing Division to provide the lottery date in the

■

adve1tisement. [Rule 4.4-1 (b)].

Clarify that the prequalification letter, regardless of lender, must be included with

■

the offer to purchase in the sealed envelope, to be considered a valid offer to

purchase for the lottery drawing. [Rule 4.6-2, 4. 7-2].

Require that offers to purchase must be for the listing price. Offers to purchase for

■

less than the listing price will not be considered, while offers to purchase for over

the listing price do not provide the offeror with a competitive advantage as the

Comprehensive Housing Division will not accept payment over the listing price.

■

[Rule 4. 7-2(a)}.

Provide that prior to accepting an offer to purchase for the drop box, Bay Bank staff

shall ensure the offer is sealed and initial and date the offer, while also eliminating

the provision which addressed how Bay Bank Staff handled receipts of offers to

purchase made at the same time and date. [Rule 4. 7-2(c)}.

Eliminate the provision which provides there is no limit as to how many offers to

purchase a Tribal member may submit within an offer period, and clarify that there

is allowed a maximum of one offer to purchase, and that multiple offers to purchase

will not be considered. If multiple offers to purchase are submitted from the same

offeror for a listing, that offeror will be disqualified and all offer to purchases from

said offeror will be ineligible for that lottery drawing. [Rule 4. 7-2(d)].

Revise when the Comprehensive Housing Division can collect the offers to

purchase from the business day immediately following the close of the offer period

to the date of the lottery. [Rule 4. 7-3].

Eliminate the provisions that provide that upon receipt of the offers to purchase

from Bay Bank, the Comprehensive Housing Division shall post the dollar amount

(JQ(JQOO

Page 2 of 3

A good mind. A good heart. A strong fire.

ONEIDA

31 of 135

■

of the highest prequalified offer to purchase received on the Nation's website; and

that offers to purchase received for which the Comprehensive Housing Division did

not receive proof of prequalification will not be considered. [Rule 4. 7-3].

Provide that upon receipt of the offers to purchase from Bay Bank, the

Comprehensive Housing Division shall host a public (in-person or virtual) lottery

date in which all sealed offers to purchase will have one half of a two-ticket raffle

ticket stapled to the sealed envelope with the other half of the ticket placed in a

lottery bucket. [Rule 4.8-1].

Provide for who does the selection of the lottery drawing and how an offer to

■

purchase is selected through the lottery drawing. [Rule 4.8-2].

Require the Comprehensive Housing Division to immediately confirm the selected

■

offer to purchase was prequalified, and if so, inform the selected buyer and proceed

to closing and residential lease signing. [Rule 4.8-3].

Require that in the event the first selected buyer cannot proceed with closing and a

■

residential lease signing, Comprehensive Housing will move in chronological order

to the next ticket drawn at the time of the lottery drawing. [Rule 4.8-3].

Include a new provision which addresses minimum advertisement requirements for houses

that do not sell and requires that the Comprehensive Housing Division list each property

prepared for sale a minimum of three (3) times before Comprehensive Housing Division

asks the Oneida Land Commission to consider a use of the property that is potentially not

residential. [Rule 4.9-1].

Conclusion

There are no legal bars to adopting the amendments to the Real Property Law Rule No. 2 Comprehensive Housing Division Residential Sales.

Page 3 of 3

/"'"'\

000000

A good mind. A good heart. A strong fire.

ONEIDA

32 of 135

33 of 135

NOTICE OF RESCHE DULED

PUB LIC ME ETI NG

To be held on

Thursday, July 11, 2024

5pm-6pm

In the

Comprehensive Housing Division

Front Conference Room

2913 Commissioner Street, Oneida, WI 54155

In accordance with the Administrative Rulemaking Law, the Comprehensive Housing Division and the Oneida Land Commission are hosting this

Public Meeting to gather feedback from the community regardirrg proposed amendments to the following rule:

Real Property Law Rule No. 2 - CHD Residential Sales

Change Re Property L w Rul No. 2 to Rule No. 1

• Replacing the se ection process from a highest qualified offer

process tco a lotte1y cl.raw process such that homes will continue

to be listed for the appraised value, but buyers will no longer be

able to bi over appraised value to gain a competitive

advantage; and

• Determining what happens to residential sales inventory in the

♦

event tliere are no offers received for a given listing.

tain copies of the Public

www .oneida-ns

•

ents for this proposal,

/PublicMeetin s.

PUBLIC COMM ENT PERIOD

OPEN UNTI L JULY 19, 20 ,....,_.During the Public Comment Period, 1 interested persons may submit

written comments and/or a transc pt of any testimony/spoken comments made during the Public Mee mg. These may be submitted to The

ivision y U.S. mail, interoffice? mail, e-mail or

Comprehensive Housi

fax.

Comprehensiv.e Housing Division

2913 Commissione Street, .011te.uiia 1 WI 54155

mhill@ eidanation .org

Pho e: 920-8 9-2227

Fax: 920-869-2836

34 of 135

Title 6. Property and Land - Chapter 601

REAL PROPERTY

Rule# 2 - Comprehensive Housing Division Residential Sales

2.1 . Purpose and Effective Date

2.2. Adoption, Amendment and Repeal

2.3 . Definitions

2.4. Advertising and Showings

2.5. Right of First Refusal to Current

Tenant

2.6 . Prequalification

2.7 . Offers to Purchase

2.8. Final Decision

2.1 . Purpose and Effective Date

2.2. Adoption, Amendment and Repeal

2.3 . Definitions

2.4. Advertising and Showings

2.5. Right of First Refusal to Current Tenant

2.6. Prequalification

2.7. Offers to Purchase

2.8. Offer to Purchase Lotte1y

2.9. Houses That Do Not Sell

Purpose and Effective Date

2.1.

2.1-1. Purpose. The purpose of this rule is to provide the requirements for both the Nation and

potential buyer when the Comprehensive Housing Division offers a residential property for sale.

2.1-2. Delegation. -The Real Property law delegated the Comprehensive Housing Division and

Land Conunission joint rulemaking authority pursuant to the Administrative Rulemaking law.

Adoption, Amendment and Repeal

2.2.

2.2-1. This rule was jointly adopted by the Comprehensive Housing Division and Land

Commission in accordance with the procedures of the Administrative Rulemaking law.

2.2-2. This rule may be amended or repealed by the joint approval of the Comprehensive Housing

Division and Land Commission pursuant to the procedures set out in the Administrative

Rulemaking law.

2.2-3. Should a provision of this rule or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of this rule which are considered

to have legal force without the invalid portions.

2.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,

internal policy, procedure, or other regulation; the provisions of this rule control.

2.2-5. This rule supersedes all prior rules, 1:egulations, internal policies or other requirements

relating to the Real Property law.

Definitions

2.3.

2.3-1. This section governs the definitions of words and plu-ases used within this rule. All words

not defined herein are to be used in their ordina1y and eve1yday sense.

(a) "Appraisal Value" means the estimated worth of the property based on a review of the

property and market values.

(b) "Nation" means the Oneida Nation.

Page 1 ofS

35 of 135

(d) "Residential Sales Offer to Purchase" means offer to purchase that is used only for the

Nation's Residential Sales program.

(e) "Prequalification by an approved lender" means the prequalification letter must be

from a lender who has done and continues to provide mortgage lending on tribally owned

fee and/or trust land.

(f) "Offer to purchase packet" means that the offer to purchase must be submitted with a

prequalification letter in a sealed plain envelope on the day Comprehensive Housing

Division has determined to be the day they accept the offers to purchase.

Advertising and Showings

2.4.

2.4-1. Advertising. The Comprehensive Housing Division shall advertise all homes for sale by

the Nation both on the Nation's website and at the Comprehensive Housing Division.

(a) The Comprehensive Housing Division shall use the home's appraisal' value as the

listing price on the advertisement. •

(b) The Comprehensive Housing Division shall provide the showing dates--aad, the

prequalification and offer periods and the lottery date in the advertisement.

an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection

Ordinance, the advertisement shall also include the costs estimated by the Comprehensive

Housing Division for the minimum improvements required to make the residence eligible

for an occupancy permit. In addition, the cost estimate shall also include estimated costs

to address any health and safety issues which may not amount to a code violation affecting

an occupancy permit. The estimate shall include a disclaimer that the estimate is just that

atHi actual costs of the improvements may exceed the costs estimated by the

Comprehensive Housing Division.

2.4-2. Showings. For each home sold by the Nation, the Comprehensive Housing Division shall

conduct showings over the course of one (1) week with a minimum of two (2) public showings

wherein one (1) showing is required to be conducted during the Nation's business hours and one

(1) showing is required to be conducted after the Nation's business hours. In addition to the two

(2) required public showings, the Comprehensive Housing Division may schedule private

showings upon a potential buyer's request-at-its, after the public showings, and at Comprehensive

Housing Division's discretion.

Right of First Refusal to Current Tenant

2.5.

2.5-1. Right of First Refusal to Current Tenant. If the Nation choseschooses to cease renting a

property with a current tenant and choseschooses to sell said property as residential property as is,

provided that the tenant is in good standing with the rental agreement, the Comprehensive Housing

Division shall offer the tenant the right of first refusal to purchase the home subject to the mortgage

requirements.

Prequalification

2.6.

2.6-1. Setting the Prequalifzcation Period. The Comprehensive Housing Division shall set the

prequalification period as the week immediately following the showing week.

2.6-2. Prequalifzcation Required. All interested buyers shall provide proof of prequalification for

the homes listed price in order to be eligible to submit an offer to purchase. -The prequalification

Page 2 ofS

36 of 135

letter, regardless of lender, must be included with the offer to purchase in the sealed envelope, to

be considered a valid offer to purchase for the lotte1y drawing.

(a) Prequalification may be from the Comprehensive Housing Division or an outside

lender who has been confirmed to do lending on tribally owned fee or trust land.

(b) If an interested buyer plans to finance the purchase through a mortgage from the

Comprehensive Housing Division, the interested buyer shall schedule a meeting with the

Comprehensive Housing Division during the prequalification week in order to determine

eligibility.

an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection

Ordinance, an interested buyer is required to be pre-approved for the listed price of the

home as-is as well as the costs estimated by the Comprehensive Housing Division for the

minimum improvements required to make the residence eligible for an occupancy permit

and to address any health and safety issues that may not amount to code violations affecting

an occupancy permit.

Offers to Purchase

2.7.

2.7-1. Setting the Offer Period. When the Comprehensive Housing Division offers a home for

sale, it shall set an offer period of one ( 1) business day during which offers to purchase may be

submitted at the Bay Bank drop box. The Comprehensive Housing Division may extend the offer

period by providing notice of the extension both on the Nation's website, and at Bay Bank and the

Comprehensive Housing Division.- The Comprehensive Housing Division shall disqualify offers

to purchase received outside of the offer period.

2.7-2. Maldng an Offer to Purchase. Tribal members wishing to make an offer to purchase on a

home for sale by the Nation may do so by submitting an offer to purchase at the Bay Bank drop

box, in person, using the offer to purchase form available on the Nation's website and at the

Comprehensive Housing Division. A prequalification letter must be included with the offer to

purchase. Offers to purchase that do not include a prequalification letter will be disqualified.

Comprehensive Housing Division letters of prequalification must be submitted with offer to

purchase. Offers to purchase that are not submitted using the Nation's form will not be accepted

by the Comprehensive Housing Division.

(a) Offers to purchase must be for the listing price. Offers received for less than the

~ price will not be considered. Offers for more than the listed price will not be

considered.

(b) Offers to purchase that do not include at least one ( 1) Tribal member will not be

considered.

(d) A non-tribal member will not be considered eligible unless they are married to a tribal

member and both are named on the offer to purchase.

time stamp all offers to purchase upon receipt. In the event that multiple parties arrive at

the same time to submit an offer to purchase (i.e. if parties are waiting to submit prior to

business hours), Bay Bank staff shall determine the order of receipt thro'..:igh a lottery

system in which each party receives a number by chance. Bay Bank staff shall number the

offers having the same date and time stamps by from lowest drawn namber to highest

dra1tvn numberor initial /sign the offer to purchase and ensure it is sealed.

(d) There is no limit as to how many offers to purchase a Tribal member may submit within

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37 of 135

an offer period.

(d.) Multiple offers to purchase will not be considered. If multiple offers to purchase are

submitted from the same offeror for a listing, that offeror will be disqualified and all offer

to purchases from said offeror will be ineligible for that lotte1y drawing.

Housing

2.7-3. Comprehensive Housing Division Receipt of Offers to Purchase. Comprehensive

Division staff may not collect the offers to purchase until the business day immediately followin

the

Bank,

Bay

from

the close of the offer period. Upon receipt of the offers to purchase

offer to

Comprehensive Ho'dsing Division shall post the dollar amount of the highest prequalified

included

may

offerer

purchase received on the Nation's website; no personal information of the

did

in this posting. Offers to purchase received for which the Comprehensive Housing Division

lotte1y.

the

not receive proof of prequalification .,vill not be considered day of

2.7 4. Buyer Selection. ::when"'"8_.__O..a,._ffi"""e_r"""t""'"o_P"--u"-r_c_h_a"""s"""e_L_o"""t"""te"--r....

hensive

2.8-1. Lotterv Date. Upon receipt of the offers to purchase from Bay Bank, the Compre

it shall

Housing Division receives multiple offers to purchase on a home for sale by the Nation,

one

se-le€t-host a public (in-person or virtual) lottery date. All sealed offers to pmchase will have

highest

half of a two-ticket raffle ticket stapled to the buyer based on sealed envelope with the

for the

prequalified offer received vfithinother half of the offer period. In the event there is a tie

highest prequalified offer to purchase received 1.vithin ticket placed in the lottery bucket.

date,

2.8-2. Lotte,y Drawing. If members of the public are present for the offer period, the lottery

bucket.

lottery

the

then a citizen shall be asked to select a raffle ticket to select a raffle ticket from

Division

If no members of the public are present at the lotte1y date, then a Comprehensive Housing

in the

offer

The

bucket.

administrator shall be asked to select the raffle ticket from the lotte1y

n from

sealed envelope with the matching ticket that was received earliest based on the datedraw

on the

continge

home

the lotte1y bucket will be the first offer to purchase eligible for the

hensive

application packet being complete. Once the first offer to purchase is drawn Compre

and

number

ticket

the

record

Housing Division will proceed to pick all remaining tickets and

eligible

offeror in chronological order as picked from the lotte1y bucket. If the first draw is not

is an

there

until

forth

and

draw

Comprehensive Housing Division will move on to the second

accepted offer to purchase.

hensive

2.8-3. Comprehensive Housing Division Confirmation of Pregualified Offer. Compre

fied.

Housing Division staff shall open the selected offer immediately to ensure the offeror prequali

inform

If the selected offer prequalified as required, Comprehensive Housing Division staff shall

the selected buyer and proceed to closing and residential lease signing.

In the event the first selected buyer cannot proceed with closing and a residential

(a)

lease signing, Comprehensive Housing will move in chronological order to the next

ticket drawn at the time stamp. of the lottery drawing.

Financing. - If financing is required, the selected buyer may choose to finance either

2.M 8-4.

ed to

through the Nation's mortgage program or through an outside lender who has been confirm

letter.

fication

prequali

their

do lending on any tribally owned fee and/or trust land and according

2.8. Final Decision

No Appeal. The decisions made in regard to Comprehensive Housing Division

residential sales are final. Neither the Oneida Judiciary nor any administrative body, includin

hensive

board, committee or commission is authorized to hear a complaint in regard to Compre

Housing Division decisions related to residential sales.

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38 of 135

Houses That Do Not Sell

2.9.

2.9-l. Minimum Advertisements. Comprehensive Housing Division shall list each property

prepared for sale a minimum of three (3) times before Comprehensive Housing Division asks the

Land Commission to consider a use of the property that is potentially not residential. For this

section, listing a property for sale entails the entire residential sales process including

advertisement, prequalification, offer to purchase submittals and lottery draws.

End.

Original effective date:

Amendment effective date:

03-09-2017

Page 5 ofS

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Title 6. Property and Land - Chapter 601

REAL PROPERTY

Rule # 2 - Comprehensive Housing Division Residential Sales

2.1. Purpose and Effective Date

2.2. Adoption, Amendment and Repeal

2.3. Definitions

2.4. Advertising and Showings

2.5. Right of First Refusal to Current Tenant

2.6. Prequalification

2.7. Offers to Purchase

2.8. Offer to Purchase Lotte1y

2.9. Houses That Do Not Sell

Purpose and Effective Date

2.1.

2.1-1. Pwpose: The purpose of this rnle is to provide the requirements for both the Nation and

potential buyer when the Comprehensive Housing Division offers a residential property for sale.

2.1-2. Delegation. The Real Property law delegated the Comprehensive Housing Division and

Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking law.

Adoption, Amendment and Repeal

2.2.

2.2-1. This rule was jointly adopted by the Comprehensive Housing Division and Land

Commission in accordance with the procedures of the Administrative Rulemaking law.

2.2-2. This rule may be amended or repealed by the joint approval of the Comprehensive Housing

Division and Land Commission pursuant to the procedures set out in the Administrative

Rulemaking law.

2.2-3. Should a provision of this rule or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of this rule which are considered

to have legal force without the invalid portions.

2.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,

internal policy, procedure, or other regulation; the provisions of this rule control.

2.2-5 . This rule supersedes all prior rules, regulations, internal policies or other requirements

relating to the Real Property law.

Definitions

2.3.

2.3-1. This section governs the definitions of words and phrases used within this rule. All words

not defined herein are to be used in their ordina1y and everyday sense.

(a) "Appraisal Value" means the estimated worth of the property based on a review of the

property and market values.

(b) "Nation" means the Oneida Nation.

(d) "Residential Sales Offer to Purchase" means offer to purchase that is used only for the

Nation's Residential Sales program.

(e) "Prequalification by an approved lender" means the prequalification letter must be

from a lender who has done and continues to provide mortgage lending on tribally owned

fee and/or trust land.

(f) "Offer to purchase packet" means that the offer to purchase must be submitted with a

Page 1 of 4

40 of 135

prequalification letter in a sealed plain envelope on the day Comprehensive Housing

Division has determined to be the day they accept the offers to purchase.

Advertising and Showings

2.4.

2.4-l. Advertising. The Comprehensive Housing Division shall advertise all homes for sale by