# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A4e6e24badcb81e37 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 250 Oneida Business Committee Regular Meeting 8:30 AM Wednesday, May 26, 2021 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. NOTICE In accordance with the OBC Virtual meeting standard operating procedure, due to the Public Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and therefore be closed to the public. Any person who has comments or questions regarding open session items may submit them to TribalSecretary@oneidanation.org no later than the close of business the day before the OBC meeting. Any comments or questions received shall be noticed to the OBC and entered into the record as a handout by the Business Committee Support Office. A recording of the virtual meeting shall be made available on the Nation’s website. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. OATH OF OFFICE A. Oneida Airport Hotel Corporation - Vern Doxtator, Marlene Garvey, and Patricia Lassila Sponsor: Lisa Liggins, Secretary B. Oneida Youth Leadership Institute Board - Aliskwet Ellis Sponsor: Lisa Liggins, Secretary C. Pardon and Forgiveness Screening Committee - Julie King Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 6 May 26, 2021 Public Packet V. VI. VII. 2 of 250 MINUTES A. Approve the April 28, 2021, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary B. Approve the May 12, 2021, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Approve three (3) actions regarding the Nation's Tribal Transportation Improvement Plan - file # 2021-0081 Sponsor: Jacque Boyle, Division Director/Public Works B. Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community Development Fund for Transfer of $2.4 Million to the Oneida Land Commission Sponsor: Jo Anne House, Chief Counsel C. Adopt resolution entitled Process for Authorization and Use of the American Rescue Plan Act of 2021 Federal Relief Funds Sponsor: Jo Anne House, Chief Counsel D. Adopt resolution entitled Economic Development, Diversification and Community Development Fund – Updating Review and Recommendation Responsibilities Sponsor: Jo Anne House, Chief Counsel APPOINTMENTS A. VIII. Determine next steps regarding one (1) elder 55+ vacancy - Pardon and Forgiveness Screening Committee Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. FINANCE COMMITTEE 1. Accept the May 3, 2021, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer 2. Accept the May 17, 2021 regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer Oneida Business Committee Regular Meeting Agenda Page 2 of 6 May 26, 2021 Public Packet 3 of 250 B. LEGISLATIVE OPERATING COMMITTEE 1. IX. X. Accept the May 5, 2021, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman NEW BUSINESS A. Review request from the Oneida Nation Arts Program regarding installation of a commemorative plaque at the Duck Creek overpass Sponsor: Tina Jorgenson, Division Director/Governmental Services B. Approve the Oneida Nation School System request to post one (1) grant funded CoTeacher Sponsor: Geraldine Danforth, Area Manager/Human Resources C. Approve the Oneida Nation School System request to post two (2) grant funded Elementary Teachers Sponsor: Geraldine Danforth, Area Manager/Human Resources D. Approve 2020 -2023 OBC Group Agreements and OBC Broad Goals Sponsor: Jessica Vandekamp, Employee Relations Representative REPORTS A. OPERATIONAL (9:30 a.m.-10:00 a.m.) 1. Accept the Comprehensive Health Division FY-2021 2nd quarter report Sponsor: Debra Danforth & Dr. Ravinder Vir, Division Directors/Comprehensive Health-Operations & Medical 2. Accept the Environmental, Health, Safety, Land and Agriculture Division FY2021 2nd quarter report Sponsor: Pat Pelky, Division Director/Environmental, Health, Safety, Land and Agriculture 3. Accept the Governmental Services Division FY-2021 2nd quarter report Sponsor: Tina Jorgenson, Division Director/Governmental Services 4. Accept the Public Works Division FY-2021 2nd quarter report Sponsor: Jacque Boyle, Division Director/Public Works 5. Accept the Management Information Systems FY-2021 2nd quarter report Sponsor: Eric Bristol, Manager/Application Services; Don Dechamps, Manager/MIS Gaming; and Jason Doxtator, Manager/Network Services 6. Accept the Tribal Action Plan FY-2021 2nd quarter report Sponsor: Renita Hernandez, Manager/Tribal Action Plan Oneida Business Committee Regular Meeting Agenda Page 3 of 6 May 26, 2021 Public Packet 4 of 250 B. C. D. 7. Big Bear Media FY-2021 2nd quarter report Sponsor: Michelle Danforth-Anderson, Director/Marketing and Tourism 8. Accept the Education and Training FY-2021 2nd quarter report Sponsor: Jacqueline Smith, Area Manager/Education and Training 9. Accept the Grants Office FY-2021 2nd quarter report Sponsor: Mark Powless, General Manager APPOINTED BOARDS, COMMITTEES, COMMISSIONS 1. Accept the Anna John Resident Centered Care Community Board FY-2021 2nd quarter report Sponsor: Joshua Hicks, Chair/Anna John Resident Centered Care Community Board 2. Accept the Oneida Police Commission FY-2021 2nd quarter report Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission ELECTED BOARDS, COMMITTEES, COMMISSIONS 1. Accept the Oneida Election Board FY-2021 2nd quarter report Sponsor: Candace House, Chair/Oneida Election Board 2. Accept the Oneida Gaming Commission FY-2021 2nd quarter report Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission 3. Accept the Oneida Land Commission FY-2021 2nd quarter report Sponsor: Becky Webster, Chair/Oneida Land Commission 4. Accept the Oneida Nation School Board FY-2021 2nd quarter report (10:30 a.m.) Sponsor: Aaron Manders, Chair/Oneida Nation School Board 5. Accept the Oneida Trust Enrollment Committee FY-2021 2nd quarter report Sponsor: Debra Danforth, Chair/Oneida Trust Enrollment Committee STANDING COMMITTEES 1. Accept the Legislative Operating Committee FY-2021 2nd quarter report Sponsor: David P. Jordan, Councilman 2. Accept the Finance Committee FY-2021 2nd quarter report Sponsor: Tina Danforth, Treasurer 3. Accept the Quality of Life Committee FY-2021 2nd quarter report Sponsor: Marie Summers, Councilwoman 4. Accept the Community Development Planning Committee FY-2021 2nd quarter report Sponsor: Brandon Stevens, Vice-Chairman Oneida Business Committee Regular Meeting Agenda Page 4 of 6 May 26, 2021 Public Packet 5 of 250 E. OTHER 1. XI. GENERAL TRIBAL COUNCIL A. XII. Accept the Oneida Youth Leadership Institute Board FY-2021 2nd quarter report Sponsor: Cheryl Stevens, Executive Manager Review COVID-19 Update V for Oneida Tribal Members outline and determine next steps Sponsor: Lisa Liggins, Secretary EXECUTIVE SESSION A. B. C. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report Sponsor: Mark W. Powless, General Manager 3. Accept the Gaming General Manager FY-2021 2nd quarter report (11:00 a.m.) Sponsor: Louise Cornelius, Gaming General Manager 4. Accept the Intergovernmental Affairs, Communications, and Self-Governance May 2021 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs AUDIT COMMITTEE 1. Review recommendations regarding NG-020-036 and determine next steps Sponsor: David P. Jordan, Councilman 2. Accept the Audit Committee FY-2021 2nd quarter report Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. Accept the May 11, 2021, regular OBC Officer meeting notes Sponsor: Jessica Vandekamp, Employee Relations Representative 2. Review BC Officer recommendations regarding NG-021-079 and determine next steps Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 5 of 6 May 26, 2021 Public Packet XIII. 6 of 250 3. Approve a limited waiver of sovereign immunity - DocuSign Inc. Master Services agreement - file # 2021-0105 Sponsor: Debra Danforth & Dr. Ravinder Vir, Division Directors/Comprehensive Health-Operations & Medical 4. Discuss impact of BC resolution # 05-12-21-B on area under BCDR 07 and determine next steps Sponsor: Marie Summers, Councilwoman 5. Review applications for one (1) elder 55+ vacancy - Pardon and Forgiveness Screening Committee Sponsor: Lisa Liggins, Secretary 6. Enter the e-poll results into the record regarding the amicus curia brief referenced in the memorandum dated May 5, 2021 Sponsor: Lisa Liggins, Secretary 7. Enter the e-poll results into the record regarding complaint # 2021-GMRDR-01 Sponsor: Lisa Liggins, Secretary 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 May 26, 2021 Public Packet 7 of 250 Oneida Airport Hotel Corporation - Vern Doxtator, Marlene Garvey, and Patricia Lassila Business Committee Agenda Request 1. Meeting Date Requested: 5/26/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Brooke Doxtator, BCC Supervisor Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BDOXTAT1 Public Packet 8 of 250 Oneida Nation Business Committee Support Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: May 18, 2021 RE: Oaths of Office – Oneida Airport Hotel Corporation Background On May 12, 2021 the Oneida Business Committee appointed Patricia Lassila, Vern Doxtator and Marlene Garvey to the Oneida Airport Hotel Board. A good mind. A good heart. A strong fire. Public Packet 9 of 250 Oneida Youth Leadership Institute Board - Aliskwet Ellis Business Committee Agenda Request 1. Meeting Date Requested: 5/26/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Brooke Doxtator, BCC Supervisor Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BDOXTAT1 Public Packet 10 of 250 Oneida Nation Business Committee Support Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: May 18, 2021 RE: Oaths of Office – Oneida Youth Leadership Institute Board Background On May 12, 2021 the Oneida Business Committee appointed Aliskwet Ellis to the Oneida Youth Leadership Institute Board. A good mind. A good heart. A strong fire. Public Packet 11 of 250 Pardon and Forgiveness Screening Committee - Julie King Business Committee Agenda Request 1. Meeting Date Requested: 5/26/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Brooke Doxtator, BCC Supervisor Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BDOXTAT1 Public Packet 12 of 250 Oneida Nation Business Committee Support Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: May 18, 2021 RE: Oaths of Office – Pardon and Forgiveness Screening Committee Background On May 12, 2021 the Oneida Business Committee appointed Julie King as a Social Services Department representative on the Pardon and Forgiveness Screening Committee. A good mind. A good heart. A strong fire. Public Packet 13 of 250 Approve the April 28, 2021, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 05/26/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS Public Packet 14 of 250 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, April 28, 2021 BC Conference Room, 2nd floor, Norbert Hill Center Minutes REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster; Not Present: n/a Arrived at: n/a Others present: Jo Anne House, Larry Barton, Clorissa Santiago, Kristen Hooker, Danelle Wilson (via Microsoft Teams1) Susan House (via Microsoft Teams), Beverly Anderson (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Aliskwet Ellis (via Microsoft Teams), Frances Brigham (via Microsoft Teams), Kent Hutchinson (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Kristin JorgensonDann (via Microsoft Teams), Kelli Strickland (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Jessica Vandekamp (via Microsoft Teams), Lori Hill (via Microsoft Teams), Melinda J. Danforth (via Microsoft Teams), Tina Jorgensen (via Microsoft Teams), Paula King Dessart (via Microsoft Teams), Geraldine Danforth (via Microsoft Teams), Ravinder Vir (via Microsoft Teams), Michelle Myers (via Microsoft Teams), Debra Danforth (via Microsoft Teams), Ralinda Ninham-Lamberies (via Microsoft Teams), Loucinda Conway (via Microsoft Teams),Chad Fuss (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams),Jacque Boyle (via Microsoft Teams), Jackie Smith (via Microsoft Teams), Pat Pelky (via Microsoft Teams), Jason Doxtator (via Microsoft Teams), Eric McLester (via Microsoft Teams), Mike Day (via Microsoft Teams), James Bittorf (via Microsoft Teams), Carl Artman (via Microsoft Teams), Candice Skenandore (via Microsoft Teams), Tana Aguirre (via Microsoft Teams), Brandon Wisneski (via Microsoft Teams), Melissa Nuthals (via Microsoft Teams), Chad Wilson; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:31 a.m. For the record: Secretary Lisa Liggins will be leaving at 9:30 a.m. to testify at the State Budget Virtual Hearing. Treasurer Tina Danforth will be leaving at 10:15 a.m. for a conference call with the Native American Finance Officers Association. Councilman Kirby Metoxen will be leaving at 3:50 p.m. for a meeting with the Oneida Airport Hotel Corporation. II. OPENING (00:00:09) Opening provided by Chairman Tehassi Hill. 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings Oneida Business Committee Regular Meeting Minutes Page 1 of 16 April 28, 2021 Public Packet 15 of 250 DRAFT III. ADOPT THE AGENDA (00:01:36) Motion by Jennifer Webster to adopt the agenda with one (1) addition [1) under section executive session new business, add item number five determine next steps for complaint File # 2021-DR05-02], seconded by Daniel Guzman King. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster IV. OATH OF OFFICE (00:02:32) Oaths of office administered by Secretary Lisa Liggins. Kristin Jorgenson-Dann, Beverly Anderson, Kent Hutchison, Kelli Strickland, and Frances Brigham were present via Microsoft Teams. V. A. Anna John Resident Centered Care Community Board - Kristin Jorgenson-Dann and Beverly Anderson Sponsor: Lisa Liggins, Secretary B. Oneida Nation Arts Board - Kent Hutchison, Kelli Strickland, and Frances Brigham Sponsor: Lisa Liggins, Secretary MINUTES A. Approve the April 14, 2021, regular Business Committee meeting minutes (00:05:53) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to approve the April 14, 2021, regular Business Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster B. Approve the March 24, 2021, regular Business Committee meeting minutes (00:06:37) Sponsor: Lisa Liggins, Secretary Motion by Kirby Metoxen to approve the March 24, 2021, regular Business Committee meeting minutes, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 2 of 16 April 28, 2021 Public Packet 16 of 250 DRAFT VI. RESOLUTIONS A. Adopt resolution entitled Emergency Amendments to the Pardon and Forgiveness Law (00:07:00) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to adopt resolution 04-28-21-A Emergency Amendments to the Pardon and Forgiveness Law, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster B. Adopt resolution entitled Emergency Amendments to the Election Law (00:16:33) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to adopt resolution 04-28-21-B Emergency Amendments to the Election Law, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster C. Adopt resolution entitled Safely Scheduling General Tribal Council Meetings COVID-19 Health Risk Impacts (00:20:14) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to adopt resolution 04-28-21-C Safely Scheduling General Tribal Council Meetings - COVID-19 Health Risk Impacts, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster D. Adopt resolution entitled Proclamation of May 5th as a Day of Awareness for Missing and Murdered Indigenous Women (MMIW) (00:24:19) Sponsor: Jennifer Webster, Councilwoman Motion by Lisa Liggins to adopt resolution 04-28-21-D Proclamation of May 5th as a Day of Awareness for Missing and Murdered Indigenous Women (MMIW), seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 3 of 16 April 28, 2021 Public Packet 17 of 250 DRAFT VII. STANDING COMMITTEES A. FINANCE COMMITTEE 1. Accept the April 5, 2021, regular Finance Committee meeting minutes (00:29:05) Sponsor: Tina Danforth, Treasurer Motion by Jennifer Webster to accept the April 5, 2021, regular Finance Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 2. Accept the April 19, 2021, regular Finance Committee meeting minutes (00:29:37) Sponsor: Tina Danforth, Treasurer Motion by David P. Jordan to accept the April 19, 2021, regular Finance Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster B. LEGISLATIVE OPERATING COMMITTEE 1. Accept the April 7, 2021, regular Legislative Operating Committee meeting minutes (00:30:57) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the April 7, 2021, regular Legislative Operating Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 2. Adopt the Pardon and Forgiveness Screening Committee bylaws amendments (00:31:23) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to adopt the Pardon and Forgiveness Screening Committee bylaws amendments, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 16 April 28, 2021 Public Packet 18 of 250 DRAFT VIII. TRAVEL REQUESTS A. Approve an exception to the Stay Safer at Home declaration for the travel request from Kerry Metoxen - County Veterans Services Officers Association of Wisconsin Spring Conference- Kalahari Resorts - Wisconsin Dells, WI - June 6-11, 2021 (00:34:37) Sponsor: Tina Jorgenson, Division Director/Governmental Services Motion by Jennifer Webster to approve the exception noting that the training is to maintain accreditation with the Department of Veteran's Affairs, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer Webster Opposed: Lisa Liggins Abstained: David P. Jordan, Kirby Metoxen IX. NEW BUSINESS A. Approve the Oneida Trust Enrollment Committee Oneida Business Committee memorandum of agreement (00:41:20) Sponsor: Keith Doxtator, Director, Trust Enrollment Department Motion by David P. Jordan to approve the Oneida Trust Enrollment Committee Oneida Business Committee memorandum of agreement, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 5 of 16 April 28, 2021 Public Packet 19 of 250 DRAFT B. Considerations regarding the Budget Management and Control Law (00:42:40) Sponsor: Lisa Liggins, Secretary Secretary Lisa Liggins left at 9:30 a.m. Chairman Tehassi Hill left at 9:34 a.m.; Vice-Chairman Brandon Stevens assumed the responsibilities of the Chair. Chairman Tehassi Hill returned at 9:38 a.m. and resumed the responsibilities of the Chair. Motion by Kirby Metoxen to acknowledge we are out of compliance and going forward we get into compliance. Motion failed due to lack of support. Motion by David P. Jordan to direct the [Legislative Operating Committee] to [bring back] emergency amendments to the Budget Management and Control law to remove much of the budget process/deadlines and leave it simply at a budget should be adopted by September 30, 2021, and direct the [Legislative Operating Committee] to continue working with Finance to get the Budget Management and Control law amended, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Jennifer Webster Not Present: Lisa Liggins Opposed: Kirby Metoxen, Marie Summers Abstained: Tina Danforth Councilman Daniel Guzman King left at 9:52 a.m. For the record: Councilwoman Marie Summers stated the reason why I am opposing is that the Budget Management and Control law is not being followed. It is out of compliance and we either should repeal it or not use it at all. Amending it is going to make it have little teeth to it. It is going to be very generic and general with little guidelines since we’re halfway through the process maybe three quarters through the process. That is, I don’t believe in breaking the law and using pieces of it for the convenience of getting through a process thank you. For the record: Councilwoman Jennifer Webster stated I chose this option because it gives us some guidelines. Some guidelines, some type of map is better then no map at all. C. Accept the Kunhi-yó "I'm Healthy" event notice and request BC members to provide an opening each day (01:35:20) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to accept as information and identify Chair and Vice-Chair to provide openings on August 31st and September 1st, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Daniel Guzman King, Lisa Liggins Councilman Daniel Guzman King returned at 10:10 a.m. Oneida Business Committee Regular Meeting Minutes Page 6 of 16 April 28, 2021 Public Packet 20 of 250 DRAFT D. Review and enter into the record - the Oneida Nation School System employment form - Administrator contract – file # 2021-0131 (01:36:47); (01:46:10) Sponsor: Aaron Manders, Chairman/Oneida Nation School Board Motion by David P. Jordan to defer items D. Review and enter into the record - the Oneida Nation School System employment form - Administrator contract – file # 2021-0131, item E. Review and enter into the record - the Oneida Nation School System employment form - Employee contract – file # 20210132, item F. Review and enter into the record - the Oneida Nation School System employment form Food Service contract – file # 2021-0133, and item G. Review and enter into the record - the Oneida Nation School System employment form - Superintendent contract – file # 2021-0134 until after executive session, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins Item IX.E. was addressed next. Motion by David P. Jordan to approve and enter into the record - the Oneida Nation School System employment form - Administrator contract – file # 2021-0131, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Lisa Liggins Not Present: Tina Danforth, Kirby Metoxen Item IX.E. was re-addressed next. E. Review and enter into the record - the Oneida Nation School System employment form - Employee contract – file # 2021-0132 (01:36:47); (01:48:00) Sponsor: Aaron Manders, Chairman/Oneida Nation School Board Motion by David P. Jordan to defer items D. Review and enter into the record - the Oneida Nation School System employment form - Administrator contract – file # 2021-0131, item E. Review and enter into the record - the Oneida Nation School System employment form - Employee contract – file # 20210132, item F. Review and enter into the record - the Oneida Nation School System employment form Food Service contract – file # 2021-0133, and item G. Review and enter into the record - the Oneida Nation School System employment form - Superintendent contract – file # 2021-0134 until after executive session, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins Item IX.F. was addressed next. Motion by Jennifer Webster to approve and enter into the record - the Oneida Nation School System employment form - Employee contract – file # 2021-0132, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Lisa Liggins Not Present: Tina Danforth, Kirby Metoxen Item IX.F. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 7 of 16 April 28, 2021 Public Packet 21 of 250 DRAFT F. Review and enter into the record - the Oneida Nation School System employment form - Food Service contract – file # 2021-0133 (01:36:47); (01:48:25) Sponsor: Aaron Manders, Chairman/Oneida Nation School Board Motion by David P. Jordan to defer items D. Review and enter into the record - the Oneida Nation School System employment form - Administrator contract – file # 2021-0131, item E. Review and enter into the record - the Oneida Nation School System employment form - Employee contract – file # 20210132, item F. Review and enter into the record - the Oneida Nation School System employment form Food Service contract – file # 2021-0133, and item G. Review and enter into the record - the Oneida Nation School System employment form - Superintendent contract – file # 2021-0134 until after executive session, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins Item IX.G. was addressed next. Motion by Marie Summers to approve and enter into the record - the Oneida Nation School System employment form - Food Service contract – file # 2021-0133, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Lisa Liggins Not Present: Tina Danforth, Kirby Metoxen Item IX.G. was re-addressed next. G. Review and enter into the record - the Oneida Nation School System employment form - Superintendent contract – file # 2021-0134 (01:36:47); (01:48:47) Sponsor: Aaron Manders, Chairman/Oneida Nation School Board Motion by David P. Jordan to defer items D. Review and enter into the record - the Oneida Nation School System employment form - Administrator contract – file # 2021-0131, item E. Review and enter into the record - the Oneida Nation School System employment form - Employee contract – file # 20210132, item F. Review and enter into the record - the Oneida Nation School System employment form Food Service contract – file # 2021-0133, and item G. Review and enter into the record - the Oneida Nation School System employment form - Superintendent contract – file # 2021-0134 until after executive session, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins Item IX.H. was addressed next. Motion by Marie Summers to approve and enter into the record - the Oneida Nation School System employment form - Superintendent contract – file # 2021-0134, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Lisa Liggins Not Present: Tina Danforth, Kirby Metoxen Item X.A.1. was addressed next Oneida Business Committee Regular Meeting Minutes Page 8 of 16 April 28, 2021 Public Packet 22 of 250 DRAFT H. Enter the e-poll results into the record regarding the authorization for the Chairman to sign the National Native American Boarding School Healing Coalition letter to the Catholic Church (01:42:03) Sponsor: Lisa Liggins, Secretary Motion by Kirby Metoxen to enter the e-poll results into the record regarding the authorization for the Chairman to sign the National Native American Boarding School Healing Coalition letter to the Catholic Church, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins I. Enter the e-poll results into the record regarding the approval to transfer of the GM level of sign-off to Secretary, as primary, and to Chair or Vice-Chair, as back-up (01:42:37) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to enter the e-poll results into the record regarding the approval to transfer of the GM level of sign-off to Secretary, as primary, and to Chair or Vice-Chair, as back-up, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth Not Present: Lisa Liggins J. Enter e-poll results into the record regarding the approval of nomination and letter for Councilman Daniel Guzman King to serve on the U.S. Environmental Protection Agency's Local Government Advisory Committee (01:44:14) Sponsor: Lisa Liggins, Secretary Motion by Marie Summers to enter the e-poll results into the record regarding the approval of nomination and letter for Councilman Daniel Guzman King to serve on the U.S. Environmental Protection Agency's Local Government Advisory Committee, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins Oneida Business Committee Regular Meeting Minutes Page 9 of 16 April 28, 2021 Public Packet 23 of 250 DRAFT X. EXECUTIVE SESSION (01:44:44) Motion by Kirby Metoxen to go into executive session at 10:15 a.m., seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins Treasurer Tina Danforth left at 10:15 a.m. Secretary Lisa Liggins returned at 10:16 a.m. The Oneida Business Committee, by consensus, recessed at 12:00 a.m. to 1:30 p.m. Meeting called to order by Chairman Tehassi Hill at 1:30 p.m. Roll call for the record: Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan; Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilwoman Marie Summers; Councilwoman Jennifer Webster; Not Present: Treasurer Tina Danforth; Treasurer Tina Danforth returned at 3:30 p.m. Councilman Kirby Metoxen left at 3:50 p.m. Treasurer Tina Danforth left at 5:43 p.m. Motion by David P. Jordan to come out of executive session at 5:53 p.m., seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by Lisa Liggins to add item X.D.6. Determine next steps regarding DR14 to the agenda, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Item IX.D. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 10 of 16 April 28, 2021 Public Packet 24 of 250 DRAFT A. REPORTS 1. Accept the March 2021 Treasurer's report (01:49:15) Sponsor: Tina Danforth, Treasurer Motion by David P. Jordan to accept the March 2021 Treasurer's report, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 2. Accept the Chief Counsel report (01:49:37) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 3. Accept the Chief Financial Officer April 2021 report (01:49:53) Sponsor: Larry Barton, Chief Financial Officer Motion by David P. Jordan to accept the Chief Financial Officer April 2021 report, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 4. Accept the Intergovernmental Affairs, Communications, and Self-Governance April 2021 report (01:50:00) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Jennifer Webster to accept the Intergovernmental Affairs, Communications, and SelfGovernance April 2021 report, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by David P. Jordan to approve the letter nominating Councilwoman Jennifer Webster to the Tribal Self Governance Advisory Committee; authorize the Chairman to sign the letter, and direct Self Governance to submit the letter to the Tribal Self Governance Advisory Committee for consideration at the July meeting, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by Jennifer Webster to direct the Chairman to send a letter acknowledging the Menominee Nation's request, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 11 of 16 April 28, 2021 Public Packet 25 of 250 DRAFT B. AUDIT COMMITTEE 1. Accept the March 18, 2021, regular Audit Committee meeting minutes (01:51:20) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the March 18, 2021, regular Audit Committee meeting minutes, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 2. Accept the Complimentary Services or Items compliance audit and lift the confidentiality requirement (01:51:29) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Complimentary Services or Items compliance audit and lift the confidentiality requirement, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 3. Accept the Three Card Poker Rules of Play compliance audit and lift the confidentiality requirement 01:51:47) Sponsor: David P. Jordan, Councilman Motion by Marie Summers to accept the Three Card Poker Rules of Play compliance audit and lift the confidentiality requirement, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 4. Accept the BC Members Credit Card Activity operational audit and lift the confidentiality requirement (01:52:05) Sponsor: David P. Jordan, Councilman Motion by Marie Summers to accept the BC Members Credit Card Activity operational audit and lift the confidentiality requirement, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 12 of 16 April 28, 2021 Public Packet 26 of 250 DRAFT 5. Accept the Anna John Resident Centered Care Community performance assurance audit and lift the confidentiality requirement (01:52:20) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the Anna John Resident Centered Care Community performance assurance audit and lift the confidentiality requirement, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 6. Accept the Eco-Services performance confidentiality requirement (01:52:35) Sponsor: David P. Jordan, Councilman assurance audit and lift the Motion by Jennifer Webster to accept the Eco-Services performance assurance audit and lift the confidentiality requirement, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 7. Accept the Finance Administration performance assurance audit and lift the confidentiality requirement (01:52:53) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Finance Administration performance assurance audit and lift the confidentiality requirement, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 8. Accept the Natural Resources performance assurance audit and lift the confidentiality requirement (01:53:10) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the Natural Resources performance assurance audit and lift the confidentiality requirement, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 13 of 16 April 28, 2021 Public Packet 27 of 250 DRAFT 9. Accept the OGE/Thornberry Creek follow up to RSM Audit of FY2018 audit and lift the confidentiality requirement (01:53:28) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to defer the OGE/Thornberry Creek follow up to RSM Audit of FY2018 to the May 12, 2021, regular Business Committee Meeting, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen C. UNFINISHED BUSINESS 1. Accept the HR Area Manager's follow up report regarding the process for layoffs, furloughs, and recalls (01:53:55) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by David P. Jordan to accept the HR Area Manager's follow up report regarding the process for layoffs, furloughs, and recalls, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 2. Accept the update regarding the draft Comprehensive Health COVID-19 Spending Plan (01:54:14) Sponsor: Debra Danforth & Ravinder Vir/Director/Comprehensive Health Motion by Jennifer Webster to approve the verbal update regarding the draft Comprehensive Health COVID-19 Spending Plan with the final report being sent to the May 12, 2021 BC Regular Meeting, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Lisa Liggins Not Present: Tina Danforth, Kirby Metoxen D. NEW BUSINESS 1. Accept the April 5, 2021, regular OBC Officer meeting notes (01:54:43) Sponsor: Jessica Vandekamp, Employee Relations Representative Motion by Marie Summers to accept the April 5, 2021, regular OBC Officer meeting notes, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 14 of 16 April 28, 2021 Public Packet 28 of 250 DRAFT 2. Review the draft recommendation from the Community/Public Health Officer regarding the Nation's Public Health State of Emergency (01:55:00) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to accept the draft recommendation from the Community/Public Health Officer regarding the Nation's Public Health State of Emergency as information, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 3. Determine next steps regarding the Oneida MIS Assessment (01:55:21) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to appoint a subcommittee of Brandon Stevens, Marie Summers, David Jordan, Daniel Guzman King, and Lisa Liggins, to carry out all hiring processes of the IT Director and CIO positions, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by David P. Jordan to direct Jason Doxtator to send the contract addendum to the Law Office for review, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 4. Enter the e-poll results into the record regarding the approved attorney contract with Arlinda Locklear, contract # 2021-0204 (01:55:48) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved attorney contract with Arlinda Locklear, contract # 2021-0204, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 5. Determine next steps regarding complaint File # 2021-DR05-02 (01:56:21) Sponsor: Jessica Vandekamp, Employee Relations Representative Motion by Lisa Liggins to determine complaint # 2021-DR05-02 has no merit and is considered closed, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by Lisa Liggins to accept the concern as information and direct the Employee Relation Representative to setup a follow up meeting with DR05 to review annual expectations, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 15 of 16 April 28, 2021 Public Packet 29 of 250 DRAFT 6. Accept resignation of DR14 and determine next steps (01:57:15) Motion by Lisa Liggins to accept the two-week notice of resignation dated April 28, 2021, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers Abstained: Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by David P. Jordan to place notice of violation of the employment contract in the employee file, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers Abstained: Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by David P. Jordan to post the vacancy and assign Chairman Tehassi Hill, Secretary Lisa Liggins, and Councilman Daniel Guzman King to a sub-team to carry out all the hiring processes for BC DR14, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen XI. ADJOURN (01:58:26) Motion by Daniel Guzman King to adjourn at 6:06 p.m., seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Minutes prepared by Chad Wilson, Senior Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 16 of 16 April 28, 2021 Public Packet 30 of 250 Approve the May 12, 2021, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 05/26/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS Public Packet 31 of 250 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, May 12, 2021 BC Conference Room, 2nd floor, Norbert Hill Center Minutes REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth (via Microsoft Teams1), Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster; Not Present: n/a Arrived at: n/a Others present: Jo Ann House, Larry Barton, Mark W. Powless, Chad Wilson, Clorissa Santiago, Kristen Hooker, Melinda J. Danforth (via Microsoft Teams), Paula M. King Dessart (via Microsoft Teams), Justin A. Nishimoto (via Microsoft Teams), Danelle A. Wilson (via Microsoft Teams), Melanie H. Burkhart (via Microsoft Teams), Lori S. Hill (via Microsoft Teams), Debbie J. Melchert (via Microsoft Teams), Rae M. Skenandore (via Microsoft Teams), Susan M. House (via Microsoft Teams), Kristal E. Hill (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Rich Figueroa (via Microsoft Teams), Geraldine Danforth (via Microsoft Teams), Matt J. Denny (via Microsoft Teams), Nic Reynolds (via Microsoft Teams), Jacque Boyle (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Paul Witek (via Microsoft Teams), Eric McLester (via Microsoft Teams), James Petitjean (via Microsoft Teams); I. CALL TO ORDER (00:00:09) Meeting called to order by Chairman Tehassi Hill at 8:33 a.m. Chairman Tehassi Hill called for a moment of silence for the Radisson Hotel & Conference Center employees who lost their lives on May 1, 2021, and also recognized Law Enforcement Appreciation week and National Nurses week. For the record: Treasurer Tina Danforth is telecommuting until 10:00 a.m. II. OPENING (00:02:00) Opening provided by Chairman Tehassi Hill. 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Regular Meeting Minutes Page 1 of 13 May 12, 2021 Public Packet 32 of 250 DRAFT III. ADOPT THE AGENDA (00:05:29) Motion by David P. Jordan to adopt the agenda with seven (7) changes [1) delete item entitled Approve the April 28, 2021, regular Business Committee meeting minutes; 2) under the Resolutions section, add item entitled "Adopt the resolution entitled Emergency Amendments to the Oneida Worker's Compensation Law"; 3) under the Resolutions section, add item entitled "Adopt the resolution entitled Emergency Amendments to the Early Return to Work Law"; 4) correct section title from "New Business" to "Travel Requests"; 5) move item entitled "Accept the Emergency Management FY-2021 2nd quarter report" from under the "Reports/Operational" section to the "Executive/Reports" section; 6) before the Executive Session section, add "General Tribal Council" section and item entitled "Review the Community/Public Health Officer recommendation submitted in accordance with resolution BC-0428-21-C and determine next steps"; and 7) under Executive Session/New Business section, correct item title from "Approve the Trane US Inc contract – file # 2021-0292" to "Approve a limited waiver of sovereign immunity — Trane US Inc contract – file # 2021-0292"], seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Motion by Lisa Liggins to move the carryover item [from the April 28, 2021, regular Business Committee agenda entitled Accept the update regarding the draft Comprehensive Health COVID-19 Spending Plan] to the May 18, 2021, Business Committee work session and direct the Comprehensive Health Division Directors to submit the [appropriate materials] to that agenda, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster IV. RESOLUTIONS A. Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until July 11, 2021 (00:11:11) Sponsor: Tehassi Hill, Chairman Motion by Jennifer Webster to adopt resolution 05-12-21-A Extension of Declaration of Public Health State of Emergency Until July 11, 2021 with five (5) changes [1) in title, correct "11th" to "11"; 2) in header on page 2, correct "11th" to "11"; 3) in line 61, correct "302.5" to "302.2"; 4) in line 63, delete "& Homeland Security"; and 5) in line 63, correct "11th" to "11"], seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Opposed: Tina Danforth Abstained: Marie Summers Oneida Business Committee Regular Meeting Minutes Page 2 of 13 May 12, 2021 Public Packet 33 of 250 DRAFT B. Adopt resolution entitled Staying Safer At Home Policy – COVID-19 Pandemic (00:13:50); (02:17:30) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to adopt resolution 05-12-21-B Staying Safer At Home Policy – COVID-19 Pandemic, with three (3) changes [1) in line 55, change "surround" to "surrounding"; 2) in line 63, change "Section 16" to "Section 9"; and 3) in line 68, change "Section 16" to "Section 9"], seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item IV.C. was addressed next. Motion by Lisa Liggins to reconsider resolution 05-12-21-B Adopt resolution entitled Staying Safer At Home Policy – COVID-19 Pandemic, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Motion by Lisa Liggins to adopt resolution 05-12-21-B Staying Safer At Home Policy – COVID-19 Pandemic, with the previously identified changes and one (1) additional change [delete lines 53 and 54], seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Item IV.C. was re-addressed next. C. Adopt resolution entitled Safer Re-Opening of Government Offices – COVID-19 Pandemic (00:30:33); (02:19:25) Sponsor: Jo Anne House, Chief Counsel Motion by Daniel Guzman King to defer resolution entitled Safer Re-Opening of Government Offices – COVID-19 Pandemic until after executive session, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie Summers, Jennifer Webster Opposed: Brandon Stevens Item IV.D. was addressed next. Motion by Lisa Liggins to adopt resolution 05-12-21-I Safer Re-Opening of Government Offices – COVID-19 Pandemic, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Daniel Guzman King Not Present: Tina Danforth Item V.A. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 3 of 13 May 12, 2021 Public Packet 34 of 250 DRAFT D. Adopt resolution entitled Emergency Amendments to the Budget Management and Control Law (00:42:16) Sponsor: David P. Jordan, Councilman Councilman Kirby Metoxen left at 9:51 a.m. Councilman Kirby Metoxen returned at 9:58 a.m. Motion by Lisa Liggins to adopt resolution 05-12-21-C Emergency Amendments to the Budget Management and Control Law, with two (2) changes [1) at line 73, insert "BE IT FURTHER RESOLVED, the deadlines provided in the Fiscal Year 2022 Budget Calendar, which is published on the Oneida Portal and was shared at the April 6, 2021, Budget Kick-off meeting, are suspended until further notice."; and 2) change last resolve to "BE IT FINALLY RESOLVED, the Treasurer shall present a resolution to a special Business Committee work session, scheduled no later than June 11, 2021, which provides the general framework for the Fiscal Year 2022 budget development process, which shall include, but is not limited to, information such as the budget calendar, opportunities for community input and discussion, line item guidance, and new position definition, guidance, and review process."], seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth Treasurer Tina Danforth left at 10:01 a.m. E. Adopt resolution entitled Emergency Amendments to the Oneida Nation Gaming Ordinance (01:26:50) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to adopt resolution 05-12-21-D Emergency Amendments to the Oneida Nation Gaming Ordinance, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Treasurer Tina Danforth returned, in person, at 10:14 a.m. F. Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community Development Fund for Cemetery Improvements, CIP 14-002 (01:36:18) Sponsor: Brandon Stevens, Vice-Chairman Motion by Lisa Liggins to adopt resolution 05-12-21-E Approval of Use of Economic Development, Diversification and Community Development Fund for Cemetery Improvements, CIP 14-002 with three (3) changes [in line 15, add " and BC-01-23-19-D" after the last resolution listed; 2) in line 16, add " and BC-01-23-19-C" after the last resolution listed; and 3) add " As Amended" to title of resolution listed], seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 4 of 13 May 12, 2021 Public Packet 35 of 250 DRAFT G. Adopt resolution entitled "You Are Not Alone" Mental Health Awareness Month – May 2021 (01:40:30) Sponsor: Daniel Guzman King, Councilman Motion by Daniel Guzman King to adopt resolution 05-12-21-F "You Are Not Alone" Mental Health Awareness Month – May 2021, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Motion by Marie Summers to amend the main motion to make two (2) changes in the resolution [1) in line 46, change "one-hour" to "1.5 hours"; and 2) add "to be utilized once per employee on or before September 30, 2021 to the end of the sentence"], seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster H. Adopt resolution entitled Emergency Amendments to the Early Return to Work Law (01:56:10) Sponsor: David P. Jordan, Councilman Chairman Tehassi Hill left at 10:31 a.m.; Vice-Chairman assumes the responsibilities of the Chair. Councilwoman Marie Summers left at 10:33 a.m. Chairman Tehassi Hill returned at 10:35 a.m. and resumes the responsibilities of the Chair. Councilwoman Marie Summers returned at 10:36 a.m. Motion by David P. Jordan to adopt resolution 05-12-21-G Emergency Amendments to the Early Return to Work Law, seconded by Daniel Guzman King. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster I. Adopt resolution entitled Emergency Amendments to the Oneida Worker’s Compensation Law (02:04:04) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to adopt resolution 05-12-21-H Emergency Amendments to the Oneida Worker’s Compensation Law, seconded by Daniel Guzman King. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 5 of 13 May 12, 2021 Public Packet 36 of 250 DRAFT V. APPOINTMENTS A. Determine next steps regarding three (3) vacancies - Oneida Youth Leadership Institute Board (02:09:50); (02:20:10) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer item A. Determine next steps regarding three (3) vacancies - Oneida Youth Leadership Institute Board, item B. Determine next steps regarding three (3) vacancies - Oneida Airport Hotel Corporation, and item C. Determine next steps regarding one (1) Oneida Social Services Division Representative - Pardon and Forgiveness Screening Committee until after executive session, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item V.B. was addressed next. Motion by David P. Jordan to accept the selected applicant and appoint Cheryl Aliskwet Ellis to the Oneida Youth Leadership Institute Board with a term ending June 30, 2022, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Item V.B. was re-addressed next. B. Determine next steps regarding three (3) vacancies - Oneida Airport Hotel Corporation (02:09:50); (02:20:39) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer item A. Determine next steps regarding three (3) vacancies - Oneida Youth Leadership Institute Board, item B. Determine next steps regarding three (3) vacancies - Oneida Airport Hotel Corporation, and item C. Determine next steps regarding one (1) Oneida Social Services Division Representative - Pardon and Forgiveness Screening Committee until after executive session, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item V.C. was addressed next. Motion by Lisa Liggins to accept the selected applicants and appoint Patricia Lassila to the Oneida Airport Hotel Corporation with a term ending January 31, 2026, Vern Doxtator to the Oneida Airport Hotel Corporation with a term ending January 31, 2023, and Marlene Garvey to the Oneida Airport Hotel Corporation with a term ending January 31, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Item V.C. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 6 of 13 May 12, 2021 Public Packet 37 of 250 DRAFT C. Determine next steps regarding one (1) Oneida Social Services Division Representative - Pardon and Forgiveness Screening Committee (02:09:50); (02:21:19) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer item A. Determine next steps regarding three (3) vacancies - Oneida Youth Leadership Institute Board, item B. Determine next steps regarding three (3) vacancies - Oneida Airport Hotel Corporation, and item C. Determine next steps regarding one (1) Oneida Social Services Division Representative - Pardon and Forgiveness Screening Committee until after executive session, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item VI.A.1. was addressed next. Motion by Lisa Liggins to accept the selected applicant and appoint Julie King as the Oneida Social Services Division Representative to the Pardon and Forgiveness Screening Committee with a term ending August 31, 2023, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Item VIII.A. was addressed next. VI. STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. Accept the April 21, 2021, regular Legislative Operating Committee meeting minutes (02:10:35) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the April 21, 2021, regular Legislative Operating Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster B. QUALITY OF LIFE COMMITTEE 1. Accept the March 18, 2021, regular Quality of Life meeting minutes (02:11:00) Sponsor: Marie Summers, Councilwoman Motion by Kirby Metoxen to accept the March 18, 2021, regular Quality of Life meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 7 of 13 May 12, 2021 Public Packet 38 of 250 DRAFT VII. TRAVEL REQUESTS A. Approve an exception to the Stay Safer at Home declaration for the travel request from Election Board - Travel to SEOTS location for 2021 Special Election Milwaukee, WI - July 9-11, 2021 (002:11:24) Sponsor: Candace House, Election Board Chair Motion by Lisa Liggins to defer the travel request from Oneida Election Board - Travel to SEOTS location for 2021 Special Election - Milwaukee, WI - July 9-11, 2021, to the May 26, 2021, regular Business Committee meeting and request the Oneida Election Board perfect their request in accordance with the BC SOP "Section 16, Travel and Expense Policy" and be present to respond to questions regarding alternates from the Milwaukee area, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item IX. was addressed next. VIII. GENERAL TRIBAL COUNCIL A. Review the Community/Public Health Officer recommendation submitted in accordance with resolution BC-04-28-21-C and determine next steps (02:21:20) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the recommendation of the Community/Public Health Officer that it is not safe to hold a General Tribal Council meeting in the next 90 days, based on the information provided in the Public Health State of Emergency, the memos submitted by the Community/Public Health Officer, and the information provided in the weekly Public Health Updates, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Secretary Lisa Liggins stated this evaluation/assessment will occur at the first meeting of each month until a General Tribal Council meeting is scheduled. This will come up again at the first meeting in June. Thank you. Item IX.A.1. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 8 of 13 May 12, 2021 Public Packet 39 of 250 DRAFT IX. EXECUTIVE SESSION (02:16:00) Motion by David P. Jordan to go into executive session at 10:49 a.m., seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster The Oneida Business Committee, by consensus, recessed at 12:06 p.m. to 1:30 p.m. Meeting called to order by Chairman Tehassi Hill at 1:32 p.m. Treasurer Tina Danforth left at 4:43 p.m. Motion by David P. Jordan to come out of executive session at 4:59 p.m., seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Item IV.B. was re-addressed next. A. REPORTS 1. Accept the Chief Counsel report (02:23:00) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the Chief Counsel report, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Motion by Jennifer Webster to approve the limited waiver of sovereign immunity in the APRA FRF agreement, contract # 2021-0311, and authorize the Chairman to sign, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Vice-Chairman Brandon Stevens left at 5:04 p.m. 2. Accept the Human Resource Department FY-2021 2nd quarter executive report (02:23:35) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by Jennifer Webster to accept the Human Resource Department FY-2021 2nd quarter executive report, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Brandon Stevens Oneida Business Committee Regular Meeting Minutes Page 9 of 13 May 12, 2021 Public Packet 40 of 250 DRAFT 3. Accept the Retail FY-2021 2nd quarter executive report (02:23:52) Sponsor: Eric McLester, Retail General Manager Motion by Kirby Metoxen to accept the Retail FY-2021 2nd quarter executive report, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Brandon Stevens 4. Accept the Emergency Management FY-2021 2nd quarter report (02:24:06) Sponsor: Kaylynn Gresham, Director/Emergency Management Motion by Kirby Metoxen to accept the Emergency Management FY-2021 2nd quarter report, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Brandon Stevens B. AUDIT COMMITTEE 1. Accept the OGE/Thornberry Creek follow up to the RSM FY-2018 audit and lift the confidentiality requirement (02:24:20) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the OGE/Thornberry Creek follow up to the RSM FY-2018 audit and lift the confidentiality requirement, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Brandon Stevens C. NEW BUSINESS Vice-Chairman Brandon Stevens returned at 5:06 p.m. 1. Review applications for three (3) vacancies - Oneida Youth Leadership Institute Board 02:24:39) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to accept the discussion regarding the Oneida Youth Leadership Institute Board application as information, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 10 of 13 May 12, 2021 Public Packet 41 of 250 DRAFT 2. Review applications for three (3) vacancies - Oneida Airport Hotel Corporation (02:24:55) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to accept the discussion regarding the Oneida Airport Hotel Corporation applications as information, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth 3. Review recommendation for one (1) Oneida Social Services Division Representative - Pardon and Forgiveness Screening Committee (02:25:08) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to accept the discussion regarding the Oneida Social Services Division Representative to the Pardon and Forgiveness Screening Committee recommendation as information, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth 4. Approve a limited waiver of sovereign immunity - Trane US Inc contract – file # 2021-0292 (02:25:25) Sponsor: Jacque Boyle, Division Director/Development Operations Motion by Jennifer Webster to approve a limited waiver of sovereign immunity - Trane US Inc contract – file # 2021-0292, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth 5. Approve the FY-2021 section 105 (l) lease agreement modifications, authorize the Chairman to sign, and Self Governance to submit to HIS (02:25:45) Sponsor: Candice Skenandore, Coordinator/Self-Governance Motion by David P. Jordan to approve the FY-2021 section 105 (l) lease agreement modifications, authorize the Chairman to sign, and Self Governance to submit to IHS, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth 6. Approve letter of support for R. Webster book proposal (02:26:04) Sponsor: Jo Anne House, Chief Counsel Motion by David P. Jordan to approve letter of support for research conducted by Dr. Rebecca Webster tentatively titled "In defense of Sovereignty: Protecting the Oneida Nation's Inherent Right to Self Determination", and authorize the Chairman to sign the letter, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 11 of 13 May 12, 2021 Public Packet 42 of 250 DRAFT 7. Determine next step regarding the Oneida Vocational Rehabilitation Program grant funded Counselor/Administrator position (02:26:27) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by Marie Summers to approve the Oneida Vocational Rehabilitation Program grant funded Counselor/Administrator position, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth 8. Determine next steps regarding the Retail General Manager request to convert two (2) Limited Term Employee positions to permanent full-time status (02:26:44) Sponsor: Eric McLester, Retail General Manager Motion by David P. Jordan to defer determine next steps regarding the Retail General Manager request to convert two (2) Limited Term Employee positions to permanent full-time status back to the Retail General Manager to follow the standard HRD processes, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth 9. Determine next steps regarding the restructure of the Human Resources Department (02:27:16) Sponsor: Jessica Vandekamp, Employee Relations Representative Motion by Kirby Metoxen to assign a sub-team of Councilwoman Marie Summers, Secretary Lisa Liggins, and Vice-Chairman Brandon Stevens to finish contract negotiations for the current HR Area Manager, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Motion by Jennifer Webster to assign a sub-team of Councilwoman Marie Summers, Councilwoman Jennifer Webster, Councilman David P. Jordan, Treasurer Tina Danforth, Councilman Kirby Metoxen, Vice-Chairman Brandon Stevens, and Councilman Daniel Guzman King for the hiring of the new Executive HR Director, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth 10. Determine next steps regarding the Retail Interim General Manager (02:28:00) Sponsor: Marie Summers, Councilwoman Motion by David P. Jordan to approve the decisions outlined in the memorandum dated May 12, 2021, regarding the Interim Retail General Manager, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 12 of 13 May 12, 2021 Public Packet 43 of 250 DRAFT 11. Review and determine next steps regarding CIP prioritization for potential American Rescue Plan Act Fund Use (02:28:30) Sponsor: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster to accept the discussion as information and direct the Public Works Division Director to submit the CIP prioritization for potential American Rescue Plan Act Fund Use to the May 18, 2021, Business Committee work session for further discussion, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth X. ADJOURN (02:29:00) Motion by Lisa Liggins to adjourn at 5:11 p.m., seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Minutes prepared by Lisa Liggins, Secretary. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 13 of 13 May 12, 2021 Public Packet 44 of 250 Approve three (3) actions regarding the Nation's Tribal Transportation Improvement Plan - file # 2021-008 / / Public Packet 45 of 250 Public Packet 46 of 250 ONEIDA LAW OFFICE CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT TO: Troy D. Parr Engineering Department Use this number on future correspondence: 2021-0081 FROM: Carl J. Artman, Staff Attorney C. J. Artman Digitally signed by C. J. Artman Date: 2021.02.01 11:55:12 -06'00' DATE: February 1, 2021 RE: U.S. Dept of Interior-BIA Tribal Transportation Program Agreement FY 2021 Retained Services Addendum Purchasing Department Use Contract Approved Contract Not Approved (see attached explanation) NA If you have any questions or comments regarding this review, please call 869-4327. The attached agreement, contract, policy and/or guaranty has been reviewed by the Oneida Law Office for legal content only. Please note the following: The document is in legal form. Execution is a management decision. 1. Please confirm that this activity complies with the Public Health Declaration and any orders issued by the COVID-19 Decision Making Team and/or Public Health Officer. 2. Please review for compliance with BC Resolution 08-12-20-J, Continuing Budget Resolution to FY 2021; and subsequent FY 2021 budget resolution (when adopted) prior to entering into said contract. Public Packet 47 of 250 A16AP00120 FY2021 RETAINED SERVICES ADDENDUM Pursuant to Oneida Nation’s Tribal Transportation Program Agreement With the Bureau of Indian Affairs for Fiscal Year 2021 This Retained Services Addendum (RSA) sets forth those services and functions to be performed by the Director pursuant to Section 10 – Retained Services of the Oneida Nation’s 2021 Referenced Funding Agreement (RFA). This RSA shall become effective upon approval by authorized representatives of the Director and the Oneida Nation. 1. 2. 3. 4. 5. 6. The projects and activities identified below are part of an approved Transportation Improvement Program (TIP), as governed by federal law and regulations. Each of the projects and activities identified below shall be funded in the amount estimated on the aforementioned TIP. The estimated amounts listed below shall be used by the BIA in performance of the services designated herein for the Tribe. The BIA agrees to use professionals qualified to perform the Retained Services work. The Tribe agrees the estimated costs are fair and reasonable and consents to the BIA’s use of qualified personnel to perform the designated services. A summary description of the scope of work follows: Project TTP Transportation Planning Services Planning and Inventory Work Total Estimated Costs Estimated Cost $ 15,000.00 $ 15,000.00 In accordance with Article IV, Section 7.B., of the Tribal Transportation Program Agreement, the funds identified in this RSA shall be retained by the Director. Page 1 of 2 FY2021 FAST Act Retained Services Addendum Public Packet 48 of 250 A16AP00120 The Parties agree that the amount identified above is an estimate, and that the Director shall have the authority to expend more or less on each project and/or activity identified, so long as the actual costs do not exceed the total estimated amount listed above. In the event the Director requires additional funds beyond those identified above or the Tribe requests the Director to perform additional activities this RSA shall be amended accordingly. Finally, the Parties agree that any funds retained under this RSA that are unexpended by the Director on September 1st of the respective funding year shall be obligated to the Tribe’s Program Agreement by September 30th of that funding year. Approved: United States Department of the Interior Bureau of Indian Affairs _______________________________ Todd P. Kennedy Regional Road Engineer, Midwest Region _______________ Date _______________________________ Tammie Poitra Regional Director, Midwest Region _______________ Date Approved: Oneida Nation _______________________________ Tehassi Hill Chairperson _______________ Date Page 2 of 2 FY2021 FAST Act Retained Services Addendum Public Packet 49 of 250 Name of Tribe Current Year Annual Transportation Allocation ONEIDA NATION $ 1,205,457 Tribal Transportation Improvement Plan Priority 1 BIA Route # 1309 Section 10 Project Length 0.6 Road Name Year of Constr 2021 All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Location (Start and End Points) Description of Work Poplar Lane Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Other Total Estimated Cost Estimated Cost $ 10,000 Tribe $ 130,000 Tribe $ 5,000 Tribe $ 145,000 $ 10,000 Tribe $ 100,000 Tribe $ 5,000 Tribe $ 115,000 Reclaim existing road surface, new bituminous surface 2 5047 810-820 0.9 2021 Johnson Road Reclaim existing road surface, new bituminous surface 3 1048 10 0.1 2021 Maple Leaf west (O-NA-STE Trail) Road construction $ 24,000 Tribe $ 500,000 Tribe $ 5,000 Tribe $ 529,000 4 1043 10 0.1 2021 Manders Court (Metoxen Land / Uskah Village) Road construction $ 10,000 Tribe $ 140,000 Tribe $ 5,000 Tribe $ 155,000 5 NA NA NA 2021 Oneida - Pedestrian Trail Infrastructure Project $ 10,000 Tribe $ 90,000 Tribe $ 100,000 NA NA NA NA TTP Road Maintenance $ 111,000 $ 111,000 $ 50,457 $ 50,457 $ 1,205,457 (TTP Construction Funds for TTP Road Maintenance) NA NA NA NA TTP Transportation Planning (LRTP & Inventory work) (TTP Construction Funds for TTP Transportation Planning) FY21 Totals Public Packet Priority 1 BIA Route # 1309 50 of 250 Section 10 Project Length 0.6 Road Name Year of Constr 2022 All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Location (Start and End Points) Description of Work Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Other Total Estimated Cost Estimated Cost Poplar Lane $ - $ - $ - $ 1,079,000 $ - Reclaim existing road surface, new bituminous surface 2 5047 810-820 0.9 2022 Johnson Road Reclaim existing road surface, new bituminous surface 3 1048 10 0.1 2022 Maple Leaf west (O-NA-STE Trail) Road construction 4 1043 10 0.1 2022 Manders Court (Metoxen Land / Uskah Village) Road construction 5 NA NA NA 2022 Oneida - Pedestrian Trail Infrastructure Project NA NA NA NA $ 100,000 Tribe $ 954,000 Tribe $ 25,000 Tribe TTP Road Maintenance $ 76,000 $ 76,000 $ 50,457 $ 50,457 $ 1,205,457 (TTP Construction Funds for TTP Road Maintenance) NA NA NA NA TTP Transportation Planning (LRTP & Inventory work) (TTP Construction Funds for TTP Transportation Planning) FY22 Total Public Packet Priority 1 BIA Route # 1307 51 of 250 Section 20 Project Length 0.22 Road Name Year of Constr 2023 All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Location (Start and End Points) Description of Work Minoka Hill Drive Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Other Total Estimated Cost Estimated Cost Construction Engineering Estimated Cost Who/How Work Done $ 30,000 Tribe $ 200,000 Tribe $ 10,000 Tribe $ 240,000 $ 5,000 Tribe $ 268,700 Tribe $ 5,000 Tribe $ 278,700 $ - mill & overlay 2 5022 810 1.2 2023 Seminary Road (Ranch to CTH E) Road construction 3 1048 10 0.1 2023 Maple Leaf west (O-NA-STE Trail) Road construction 4 1043 10 0.1 2023 Manders Court (Metoxen Land / Uskah Village) Road construction $ 5,000 Tribe $ 290,300 Tribe $ 5,000 Tribe $ 300,300 5 1029 10 0.3 2023 Sand Hill Court mill & overlay $ 15,000 Tribe $ 200,000 Tribe $ 15,000 Tribe $ 230,000 NA NA NA NA TTP Road Maintenance $ 106,000 $ 106,000 $ 50,457 $ 50,457 $ 1,205,457 (TTP Construction Funds for TTP Road Maintenance) NA NA NA NA TTP Transportation Planning (LRTP & Inventory work) (TTP Construction Funds for TTP Transportation Planning) FY23 Total Public Packet Priority BIA Route # 1 5022 52 of 250 Section 810 Project Length 1.2 Year of Constr 2024 All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Road Name Location (Start and End Points) Description of Work Seminary Road (Ranch to CTH E) Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done $ 50,000 Tribe $ 644,000 Tribe $ 30,000 Tribe $ 300,000 Tribe Construction Engineering Estimated Cost $ 50,000 Who/How Work Done Other Total Estimated Cost Estimated Cost Tribe $ 744,000 $ 330,000 Road construction 2 NA NA NA 2024 NA NA NA NA Oneida - Pedestrian Trail Infrastructure Project TTP Road Maintenance $ 81,000 $ 81,000 $ 50,457 $ 50,457 $ 1,205,457 (TTP Construction Funds for TTP Road Maintenance) NA NA NA NA TTP Transportation Planning (LRTP & Inventory work) (TTP Construction Funds for TTP Transportation Planning) FY24 Totals Project Information: Who/How Work Done: Possible Choices BIA Route # List all routes that will be worked on. Section List only those sections that will be worked on along with corresponding length Location List start and end points of where work will be performed (road names, rivers, end, etc.) Description of Work List as much detail as you can including existing road type and work to be performed Estimated Cost: Provide dollar amounts that you estimate will be required for each project/phase utilizing new funds from that year only. Prior year money obligated to contract should not be listed here. BIA BIA will perform direct service (DS) work for the Tribe as outlined in a Retained Service Agreement (RSA) as approved/signed by the Tribe and BIA. (Self Determination, G2G, and Self Gov Tribes can all elect to receive these services) 638 Self Determination Tribe will enter into a P638 contract with the BIA and either perform work with in-house staff or subcontract work out to consultant/contractor. Coop Tribe can receive funding through a P638 contract, G2G, or Self Gov Agreement. Tribe will then enter into a 2-party (Coop) agreement with County, State, Township etc. who will usually serve as the lead agency for the project. Tribe Tribe administers program/project through a Self Governance or G2G Agreement. Public Packet 53 of 250 Oneida Nation 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 Oneida, WI 54155 BC Resolution # __________ FY2021-2024 Oneida Nation Tribal Transportation Improvement Plan (TTIP) 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, adequate transportation infrastructure is integral to service local and community needs; and WHEREAS, the Oneida Business Committee seeks to provide adequate transportation facilities to meet the needs of the Oneida Nation; and WHEREAS, the Oneida Business Committee developed the 2021-2024 Oneida Nation Tribal Transportation Improvement Plan, and it requests the Bureau of Indians Affairs incorporate it into the control schedule Transportation Improvement Plan as a required step to ensure the Oneida Nation receives its “Tribal Shares” funding; and WHEREAS, the Oneida Business Committee agrees with the needs and priorities presented in the 2021-2024 Oneida Nation Tribal Transportation Improvement Plan. NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee supports and adopts the FY20212024 Oneida Nation Tribal Transportation Improvement Plan for the projects listed in the attached CSTIP forms that were developed between the Oneida Nation and the BIA for Tribal Shares funding along the corresponding 2021 TTP Retained services agreement (RSA). Public Packet 54 of 250 Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community... / 26 / Motion to adopt resolution titled "Approval of Use of Economic Development, Diversification and Community Development Fund for Transfer of $2.4 Million to the Oneida Land Commission". Public Packet 55 of 250 Public Packet 56 of 250 Oneida Nation 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 39 40 41 42 43 44 Oneida, WI 54155 BC Resolution # __________ Approval of Use of Economic Development, Diversification and Community Development Fund for Transfer of $2.4 Million to the Oneida Land Commission 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-07-12-17-A, and BC-01-23-19-D and the procedures for use of the fund set forth in resolution # BC-12-12-18-B and BC-01-23-19C, Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund As Amended; and WHEREAS, the Oneida Land Commission is responsible for evaluating and deciding on the acquisition of land on behalf of the Oneida Nation; and WHEREAS, upon request from the Oneida Land Commission and the Oneida Business Committee staff presented recommendations for use of the remaining approximate $2.4 million in land acquisition funds deriving from the Economic Development, Diversification and Community Development Fund budgeted for fiscal year 2021, which included funding: (a) to support the implementation of the HIPP and THRIFTT programs, both of which permit the Nation to the buy the land the improvements sit upon in exchange for a residential lease with the homeowner; (b) for strategic purchases; (c) for the repairs and improvements needed to get the current residential sale inventory ready for sale; (d) to support demolition of buildings determined to be uninhabitable; and WHEREAS, the recommendation from staff were supported by the Oneida Land Commission at the May 26, 2021 Oneida Land Commission meeting; and WHEREAS, the funding for land acquisition for Fiscal Year 2021 is identified as deriving from the Economic Development, Diversification and Community Development Fund; and WHEREAS, utilizing the Economic Development, Diversification and Community Development Fund to as outlined above is supporting a “community project which nurture and sustain Oneida families” by ensuring housing is available and unsafe structures are demolished; and Public Packet 57 of 250 BC Resolution _____________ Approval of Use of Economic Development, Diversification and Community Development Fund for Transfer of $2.4 Million to the Oneida Land Commission Page 2 of 2 45 46 47 48 49 50 51 52 53 54 55 56 57 NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does approve the allocation of $2.4 million from the Economic Development, Diversification and Community Development Fund for the purposes of supporting the housing resources by having funding available to fund homeownership programs, make strategic purchases, prepare the vacant homes in the residential sales inventory for sale, and support demolition of buildings determined to be uninhabitable; and identifies the Oneida Land Commission, acting through the Oneida Land Management staff, Patrick Pelky Division Director, as the responsible party for expenditure of these funds. BE IT FINALLY RESOLVED, that the Oneida Business Committee authorizes this exception to the Economic Development, Diversification and Community Development fund approval processes requiring the recommendation of the Community and Economic Development Division Director until such time updated processes can be presented. Public Packet 58 of 250 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 Transfer of $2.4 Million to the Oneida Land Commission Summary The resolution approves an allocation of two million and four hundred thousand dollars ($2,400,000) from the Fund for the purposes of supporting the housing resources by having funding available to fund homeownership programs, make strategic purchases, prepare the vacant home in the residential sales inventory for sale, and support demolition of buildings determined to be uninhabitable. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: May 20, 2021 Analysis by the Legislative Reference Office The Oneida Business Committee has adopted resolutions which set aside funds disbursed from corporations to the Nation in an Economic Development, Diversification and Community Development fund (“the Fund”) and describes the process for accessing those funds. [Resolutions BC-09-28-16-B, BC-07-12-17-A, BC-12-12-18-B, BC-01-23-19-C and BC-01-23-19-D]. When a request to utilize monies from the Fund is received, the Community and Economic Development Division Director reviews the request for use of the Fund and determines if the proposed use is consistent with the Fund. The Community and Economic Development Division Director is then required to provide a written recommendation to the Oneida Business Committee regarding whether to authorize the allocation from the Fund to a specific project identified by a contract number, CIP number, economic development opportunity number or other easily trackable number or designation. The Oneida Business Committee is then 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. Through this resolution the Oneida Business Committee approves an allocation of two million and four hundred thousand dollars ($2,400,000) from the Fund for the purposes of supporting the housing resources by having funding available to fund homeownership programs such as the HIPP and THRIFTT programs, make strategic purchases, prepare the vacant home in the residential sales inventory for sale, and support demolition of buildings determined to be uninhabitable. This resolution provides that utilizing the Fund for land acquisition supports a “community project which nurture and sustain Oneida families” by ensuring housing is available and unsafe structures are demolished. The resolution then identifies the Oneida Land Commission, acting through the Oneida Land Management staff, Patrick Pelky Division Director, as the responsible party for expenditure of these funds. Page 1 of 2 Public Packet 59 of 250 A review and recommendation from the Community and Economic Development Division Director was not completed for this allocation from the Fund. Through this resolution the Oneida Business Committee recognizes that the process for utilization of the Funds as provided by resolution BC-01-2-19-C was not complied with, and then authorizes an exception to the Fund approval processes requiring the recommendation of the Community and Economic Development Division Director until such time updated processes can be presented. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet List of Oneida Residential Properties Needed Repairs/Demolition 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Property Status Properties Managed by CHD Approximately $36,467 in repairs needed ($1,475 required by W882 Bain Road home inspection and $35,000 for remodeling) Approximately $78,450 in repairs needed ($28,450 required by 2860 West Mason home inspection and $50,000 for remodeling) W788 Country Road Approximately $47,500 in repairs needed ($10,500 required by VV home inspection and $37,000 for remodeling) Acquired through foreclosure 8/11/2020 and not been assessed W386 Crook Road by CHD yet 2458 County Road EE Demolition recommended by Team 1156 Riverdale Drive Demolition recommended by Team 1160 Riverdale Drive Demolition recommended by Team 3140 Jonas Circle Demolition recommended by Team Acquired through lease enforcement 3/12/2021 – plans to rehab 1329 Onu-U-Sla Way using HUD funds and offer as a rental or rent-to-own Acquired through lease enforcement 4/9/2021 – potential to sell 602 Florist Drive to a family member to keep the plot in the family Properties Managed by Land Management N6522 County Road E LC approved demolition on 10-1-2020 as a priority 1200 Orlando Scheduled for CIP Demos Intended use may not be residential, if use cannot be 894 Riverdale determined will be scheduled for CIP demo 1071 Riverdale Scheduled for CIP Demos Land Management wants to transfer to CHD, CHD does not want to accept transfer because no funds to repair – home 223 Crook Road inspection showed $22,000 in needed repairs and would require extensive updates to bring to a selling standard. $26,500 in repairs required by home inspection and additional 431 Hillcrest updates to be assessed – intended use may not be residential N7890 Cooper Road Should be demolished W132 Service Road Was the old post office – use is not yet determined 4045 Hillcrest In Hobart waiting on legal from court case 2310 S. Overland Log home – intended use it not decided, may not be residential Former language house – future use is not yet determined, may 3757 Hillcrest Dr not be residential A good mind. A good heart. A strong fire. 60 of 250 Public Packet 61 of 250 Adopt resolution entitled Process for Authorization and Use of the American Rescue Plan Act of 2021... / / Motion to adopt resolution titled "Process for Authorization and Use of the American Rescue Plan Act of 2021 Federal Relief Funds". Public Packet 62 of 250 Public Packet 63 of 250 Oneida Nation 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 # __________ Process for Authorization and Use of the American Rescue Plan Act of 2021 Federal Relief Funds WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation and its members have been severely impacted by the COVID-19 pandemic; and WHEREAS, the United States government has developed and adopted the American Rescue Plan Act of 2021 (ARPA); and WHEREAS, ARPA has funds set aside for Tribal governments specifically and through various agencies; and WHEREAS, the Oneida Business Committee has determined the funds set-aside for Tribal governments in Title IX, Committee on Finance, Subtitle M, Coronavirus State and Local Fiscal Recovery Funds, section 9901, Coronavirus State and Local Fiscal Recovery Funds should be centrally managed in order to ensure the greatest tangible and intangible impact on members and the Oneida Nation; and WHEREAS, the Oneida Business Committee has determined the funds set-aside or available through various other specifically directed programs should be aggressively sought out and managed by the program or business unit but will not be managed or monitored through the process set out for Section 9901 Tribal government Federal Recovery Funds (FRF); and WHEREAS, the Oneida Business Committee has reviewed the CARES Act expenditure process and the recommended improvements and continues to believe this remains the best practice to obtain the greatest results and accuracy in reporting; NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts the following general guidelines for use of the ARPA Section 9901 FRF which is set forth in the new 42 U.S.C. s. 602 which shall be used in the “Oneida Nation ARPA FRF Program” as created in this resolution. Public Packet 64 of 250 BC Resolution # _____________ Process for Authorization and Use of the American Rescue Plan Act of 2021 Federal Relief Funds Page 2 of 3 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Purpose of Funding Oneida Nation ARPA FRF Program projects shall fall into one of the four broad categories set forth in 42 U.S.C. 602(c)(1): 1. to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; 2. to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the Oneida Nation performing such essential work; 3. for the provision of government services to the extent of the reduction in the revenue of Oneida Nation prior to the emergency; or 4. to make necessary investments in water, sewer, or broadband infrastructure. Deadline(s) 1. All projects approved under the Oneida Nation ARPA FRF Program shall be concluded no later than the approved project deadline or October 15, 2024, whichever comes first. This includes conclusion of construction, purchases, implementation, and other project goals. Provided that, where non-FRF are utilized, the deadline set for those specific funds shall be applied. 2. No Oneida Nation ARPA FRF project shall authorize employment or programming beyond October 15, 2024. 3. No project shall be approved which is less than $5,000. 4. All projects shall use master purchase orders with vendors as established by the Oneida Nation ARPA FRF Program Office. 5. Reimbursement of expenditures must be specifically authorized by the Oneida Business Committee. Tracking All projects shall have a project title and an identifier number for tracking which shall be placed on the application after received and be placed on all contracts, purchase orders, invoices, and other documentation and included in all on-line documents, files, and related information. A “project” in the Oneida Nation ARPA FRF Program means any application presented for the use of FRF with a tracking number and project title. BE IT FURTHER RESOLVED, the Oneida Business Committee directs an Oneida Nation ARPA FRF Program office (FRF Program Office) be created within the Accounting Department which is responsible for the following tasks. 1. Develop a budget for FRF and accounting processes to manage transfers of funding to approved projects. 2. Develop an on-line system for accepting project applications and related documentation with the assistance of appropriate departments. 3. Develop an on-line accessible library containing all applications, monthly reports, and final reports with the assistance of appropriate departments. 4. Draft minimum Standard Operating Procedure(s) regarding. a. Describes tracking identifier system and project title tracking system. b. Project application requirements which includes the minimum requirements of an identified owner, description of purpose within the four broad categories, time frame for project start and completion, expected project costs, and expected project benefits. c. Documentation requirements, for example invoices, purchase orders, and contracts. d. Accounting systems business unit development to track funding use within projects and across projects. Public Packet 65 of 250 BC Resolution # _____________ Process for Authorization and Use of the American Rescue Plan Act of 2021 Federal Relief Funds Page 3 of 3 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 e. Process for review of applications, including identifying a Review Team made up of a minimum of FRF Program Office staff, accounting staff identified by the Assistant Chief Financial Officer, Self-Governance Coordinator, and Attorney assigned by Chief Counsel. Alternates in the event of a conflict of interest shall be identified by the FRF Program Office staff. f. Monthly reporting to the Oneida Business Committee by the FRF Program Office on approved projects, applications and remaining FRF balance. 5. Develop and submit reporting to federal agency regarding FRF. BE IT FURTHER RESOLVED, the Oneida Business Committee adopts the following project approval process which shall be supplemented with needed Standard Operating Procedures approved by the FRF Program Office. 1. Applications are reviewed by the FRF Program Office for compliance with the four broad goals set forth in Resolve #1, Purpose of Funding, and completeness of information provided, and, if necessary approved by the Review Team for compliance with the four broad categories. 2. The FRF Program Office places the project on the Oneida Business Committee agenda for approval, denial, or returned to project owner with suggested amendments. 3. Approved projects shall have the approved amount of FRF transferred to the owner’s budget. 4. The project owner shall provide monthly reporting to the Oneida Business Committee on project status and a final project report identifying, at minimum – total cost and both tangible and intangible benefits to the Oneida Business Committee work session. BE IT FURTHER RESOLVED, expenditures under approved projects shall be authorized in accordance with approved expenditure sign-off levels for budgeted activities. BE IT FURTHER RESOLVED, the Oneida Business Committee shall set allocation goals for use of ARPA FRF by resolution and shall review those allocations annually to ensure the goals are being met or determine if changes should be made in the allocation goals. BE IT FURTHER RESOLVED, the Oneida Business Committee directs the FRF Program Office shall present a concluding report when all funds have been allocated and all final project reports have been presented. BE IT FURTHER RESOLVED, the COVID-19 Call Center (Center) will be the contact point for all ARPA funds not specifically attached to or part of an existing Oneida Nation organizational unit or deriving from a self-governance contract. The Center will: 1. Accept reports of available funding or recommendations to access available funding. 2. Place item on the Oneida Business Committee agenda to discuss the Oneida Nation – a. Pursuing the funding; b. Pursuing a project associated with the funding; and/or c. Assignment to a specific organizational unit to research the need for the program funding, or to apply for and implement programming related to the funding. 3. The Center will then follow-up with the Oneida Business Committee determination with the submitter, and if applicable, to the parties assigned to carry out a request for funding. BE IT FINALLY RESOLVED, all applications for funds allocated for specific programming under ARPA shall be presented to the Oneida Business Committee for approval by resolution and managed through the Grants Office, or when deriving from a self-governance contract through the Self-Governance Office. Public Packet Start‐Project Application to FRF office Reviewed by FRF Program Office for: ‐ Compliance with 4 Broad Goals ‐ Purpose ‐ Completeness of Information Approval by Review Team Project Application placed on BC agenda for: ‐ Approval/ Denial/ Improvements needed Denied, project does not go any further Approval by Review Team Not approved by Review Team Monthly Informational BC Report: ‐ Approved Projects ‐ Applications ‐ Remaining FRF Balance 66 of 250 ARPA FRF Approval and Tracking Process Sent back to project owner to update project request Needs improvement, project sent back to project owner for suggested amendments Review Team: Accounting Self‐Governance Coordinator Attorney Approved project owner shall provide monthly reporting to the BC on project status and final report to include: ‐ Total Cost ‐ Tangible benefits to the Oneida Nation; and/ or ‐ Intangible benefits to the Oneida Nation Approved project BC Approved Projects shall have the approved amount transferred to the project owners budget ARPA Funding Processes 1. ARPA FRF projects shall use the process in this flow chart for approvals and reporting. 2. Self‐Governance Contract pass through funds shall be presented for approval by resolution through the Self‐Governance Office and tracked by the project owner. 3. ARPA Program funds (not associated with ARPA FRF or Self‐Governance contracts) shall be presented for approval by resolution through the Grants Office and tracked by the project owner. 4. Unassociated APRA funds not accounted for in one of the above three categories shall be presented for approval by resolution through the COVID‐19 Call Center and tracked by the project owner. Page 1 BC Resolution # BC‐05‐26‐2021‐__ Public Packet 67 of 250 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Process for Authorization and Use of the American Rescue Plan Act of 2021 Federal Relief Funds Summary The resolution sets forth a process for the authorization and use of the American Rescue Plan Act of 2021 Federal Relief Funds. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: May 20, 2021 Analysis by the Legislative Reference Office The Oneida Nation and its members have been severely impacted by the COVID-19 pandemic. The United States government has developed and adopted the American Rescue Plan Act of 2021 (ARPA) which has funds set aside for Tribal governments specifically and through various agencies. The Oneida Business Committee has determined the funds set-aside for Tribal governments in Title IX, Committee on Finance, Subtitle M, Coronavirus State and Local Fiscal Recovery Funds, section 9901, Coronavirus State and Local Fiscal Recovery Fund should be centrally managed in order to ensure the greatest tangible and intangible impact on members and the Nation. The Oneida Business Committee also determined the funds set-aside or available through various other specifically directed programs should be aggressively sought out and managed by the program or business unit but will not be managed or monitored through the process set out for Section 9901 Tribal government Federal Recovery Funds (FRF). Through this resolution the Oneida Business Committee adopts general guidelines for the use of the ARPA Section 9901 FRF to be used in the Oneida Nation ARPA FRF Program as created through this resolution. The general guidelines for the use of the ARPA Section 9901 FRF address the purpose of the funding for Oneida Nation ARPA FRF Program projects, deadlines, and tracking of projects. This resolution then directs that an Oneida Nation ARPA FRF Program Office be created within the Accounting Department, and provides the specific tasks and responsibilities that the Oneida Nation ARPA FRF Program Office will be responsible for. A project approval process, to be supplemented with needed standard operating procedures approved by the Oneida Nation ARPA FRF Program Office, is also adopted through this resolution. Although the ARPA Section 9901 FRF are not budgeted funds, the resolution then goes on to provide that expenditures under approved projects shall be authorized in accordance with approved expenditure sign-off levels for budgeted activities. The resolution provides that the Oneida Business Committee shall set allocation goals for use of ARPA FRF by resolution and shall review those allocations annually to ensure the goals are being met or determine if changes should be made in the allocation goals. Through this resolution the Oneida Business Committee directs the Oneida Nation ARPA FRF Program Office to present a concluding report when all funds have been allocated and all final project reports have been presented. The COVID-19 Call Center is Page 1 of 2 Public Packet 68 of 250 designated as the contact point for all ARPA funds not specifically attached to or part of an existing Oneida Nation organizational unit or deriving from a self-governance contract and provides various responsibilities and duties of the COVID-19 Call Center. Finally, the resolution provides that all applications for funds allocated for specific programming under ARPA shall be presented to the Oneida Business Committee for approval by resolution and managed through the Grants Office, or when deriving from a self-governance contract through the Self-Governance Office. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 69 of 250 Adopt resolution entitled Economic Development, Diversification and Community Development Fund –... / / Motion to adopt resolution titled "Economic Development, Diversification and Community Development Funds Updating Review and Recommendation Responsibilities". Public Packet 70 of 250 Public Packet 71 of 250 Oneida Nation 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 Oneida, WI 54155 BC Resolution # Leave this line blank Economic Development, Diversification and Community Development Fund – Updating Review and Recommendation Responsibilities 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 created the Economic Development and Community Development Fund (EDD&CD Fund) in 2016 to hold returns on investment in specific corporate entities created by the Oneida Nation; and WHEREAS, the EDD&CD [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%3A4e6e24badcb81e37. Public record. Not legal advice.