# Phone: (920)869-2214 (2016) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A559e04986f77cf7f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Meeting Materials November 23, 2016 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 787 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 23rd day of November, 2016. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Open Packet Page 1 of 331 Oneida Business Committee Executive Session 9:00 a.m. Tuesday, November 22, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, November 23, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/ I. CALL TO ORDER AND ROLL CALL II. OPENING A. Special Recognition for Years of Service Sponsor: pp. 13-15 Geraldine Danforth, Area Manager/Human Resources Dept. III. ADOPT THE AGENDA pp. 1-12 IV. OATHS OF OFFICE A. Oneida Pow Wow Committee – Vicki Cornelius, Yasiman Metoxen, Floyd Silas Jr. pp. 16-17 B. Oneida Personnel Commission – Richard Hill-Elm pp. 18-19 V. MINUTES A. Approve corrected October 12, 2016, regular meeting minutes Sponsor: B. Approve November 9, 2016, regular meeting minutes Sponsor: pp. 20-53 Lisa Summers, Tribal Secretary pp. 54-70 Lisa Summers, Tribal Secretary VI. RESOLUTIONS A. Adopt resolution entitled CY 2017 County Tribal Law Enforcement – Outagamie County Sponsor: B. Adopt resolution entitled CY 2017 County Tribal Law Enforcement – Brown County Sponsor: pp. 71-74 Joanie Buckley, Division Director/Internal Services Joanie Buckley, Division Director/Internal Services Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 1 of 12 pp. 75-78 Open Packet Page 2 of 331 C. Adopt resolution entitled Oneida Business Committee Regular Meeting Schedule Sponsor: pp. 79-83 Lisa Summers, Tribal Secretary VII. STANDING COMMITTEES A. Legislative Operating Committee Chair: Brandon Stevens, Councilman 1. Accept November 2, 2016, Legislative Operating Committee meeting minutes pp. 84-87 2. Modify Oneida Business Committee agenda to have Reports and Executive Session moved up the agenda and placed just after Minutes pp. 88-90 B. Finance Committee Chair: Trish King, Tribal Treasurer 1. Approve November 14, 2016, Finance Committee meeting minutes pp. 91-98 C. Quality of Life Committee 1. Accept September 15, 2016, Quality of Life Committee meeting minutes pp. 99-101 VIII. APPOINTMENTS A. Approve recommendation to appoint Tonya Webster and Gina Powless-Buenrostro to Oneida Election Board Sponsor: Tina Danforth, Tribal Chairwoman pp. 102-103 IX. UNFINISHED BUSINESS A. Review request from Tribal Member for assistance and donations to Standing Rock Sioux Tribe, Sacred Stone camp, and Oceti Sakowin Camps in their fight against Dakota Access Pipeline pp. 104-105 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. B. Approve draft letter to President Barack Obama regarding Dakota Access Pipeline Sponsor: Brandon Stevens, Councilman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 2 of 12 pp. 106-110 Open Packet Page 3 of 331 C. Review, discuss, and make any recommendations regarding letter from Ray Halbritter Sponsor: pp. 111-114 Tina Danforth, Tribal Chairwoman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. D. Approve request to repost one (1) vacancy on the Southeastern Oneida Tribal Services Advisory Board, as there were no applications received Sponsor: Tina Danforth, Tribal Chairwoman pp. 115-117 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. E. Approve request to post one (1) vacancy on the Southeastern Oneida Tribal Services Advisory Board, due to resignation Sponsor: Lisa Summers, Tribal Secretary pp. 118-119 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. F. Approve procedural exception to the Disposition of Excess Tribal Property policy to allow Oneida Lab to see Hematology Analyzer to outside vendor Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman pp. 120-126 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. X. NEW BUSINESS A. Post one (1) vacancy on Oneida Personnel Commission to fulfill a full term length Sponsor: B. Approve concept paper regarding CIP # 16-014 – Tsyunhehkwa Storage/Shelter Sponsor: pp. 127-128 Lisa Summers, Tribal Secretary pp. 129-146 Troy Parr, Assistant Division Director/Development C. Approve postings of vacancies to occur through 2017 for Boards, Committees, Commissions, and Tribal Corporations Sponsor: Lisa Summers, Tribal Secretary D. Review letter regarding law enforcement agencies and Tribal Members on tribal land Sponsor: Tina Danforth, Tribal Chairwoman Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 3 of 12 pp. 147-150 pp. 151-152 Open Packet Page 4 of 331 E. Accept letter from Great Lakes Inter-Tribal Council Inc. regarding Native American Adolescent Wellness Treatment Center Project as information Sponsor: Tina Danforth, Tribal Chairwoman pp. 153-155 F. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary 1. Failed request to allow procedural exception to Disposition of Excess Tribal Property Policy for Oneida Lab to sell Hematology Analyzer to outside vendor Requestor: Debra Danforth, Division Director/Comprehensive Health Operations pp. 156-165 XI. TRAVEL A. TRAVEL REQUESTS 1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Failed 100% grant funded travel request – Councilwoman Jennifer Webster – 2016 Head Start Program Performance Standards – Chandler, AZ – December 12-16, 2016 pp. 166-176 Requestor: Jennifer Webster, Councilwoman 2. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: a. Failed travel request – Secretary Lisa Summers – State‐Tribal Relations Committee Caucus & Intertribal Criminal Justice meetings – Danbury, WI – November 16‐17, 2016 pp. 177-182 Sponsor: Lisa Summers, Tribal Secretary 3. Approve travel request – Secretary Lisa Summers – Post-Presidential Election results review – Prior Lake, MN – December 3-4, 2016 pp. 183-199 4. Approve travel request – Chairwoman Tina Danforth – Bureau of Indian Affairs Midwest Regional Director Retirement Celebration of Diane Rosen & Post-Presidential Election results review – Prior Lake, MN – December 4-6, 2016 pp. 200-202 5. Approve travel request – Vice-Chairwoman Melinda J. Danforth – Bemidji Area Indian Health Service – Annual Tribal Budget Formulation meeting – Bloomington, MN – December 6-8, 2016 pp. 203-204 6. Accept “Save the Date” regarding Bemidji Area Indian Health Service – Annual Tribal Budget Formulation meeting – Bloomington, MN – December 6-8, 2016, as information pp. 205-206 Sponsor: Tina Danforth, Tribal Chairwoman Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 4 of 12 Open Packet Page 5 of 331 XII. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. UNFINISHED REPORTS 1. Accept Governmental Services Division FY ’16 4th quarter report (1:30 p.m.-1:50 p.m.) pp. 207-222 Sponsor: Liz Somers, Division Director/Governmental Services EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 2. Accept Oneida Election Board FY ’16 4th quarter report (1:50 p.m.-2:05 p.m.) Chair: Liaison: pp. 223-224 Racquel Hill Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 3. Accept Oneida Nation Commission on Aging FY ’16 4th quarter report pp. 225-233 (2:05 p.m.-2:20 p.m.) Chair: Patricia Lassila Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 4. Accept Oneida Gaming Commission FY ’16 4th quarter report (2:20 p.m.-2:35 p.m.) Chair: Liaison: pp. 234-237 Mark A. Powless Brandon Stevens, Councilman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. B. OPERATIONAL REPORTS 1. Defer Comprehensive Health Division FY ’16 4th quarter report to the December 14, 2016, regular Business Committee meeting Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Medical Director/Medical Operations Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 5 of 12 pp. 238-239 Open Packet Page 6 of 331 C. BOARDS, COMMITTEES, AND COMMISSIONS 1. Accept Environmental Resources Board FY ’16 4th quarter report (2:35 p.m.-2:50 p.m.) pp. 240-244 Chair: Liaison: Marlene Garvey Tehassi Hill, Councilman 2. Accept Oneida Child Protective Board FY ’16 4th quarter report (2:50 p.m.-3:05 p.m.) Chair: Liaison: pp. 245-258 Dale Powless Lisa Summers, Tribal Secretary 3. Accept Oneida Library Board FY ’16 4th quarter report (3:05 p.m.-3:20 p.m.) pp. 259-261 Vice-Chair: Roxanne Anderson Liaison: Fawn Billie, Councilwoman 4. Accept Land Claims Commission FY ’16 quarter report (3:20 p.m.-3:35 p.m.) pp. 262-265 Vice-Chair: Loretta Metoxen Liaison: Brandon Stevens, Councilman 5. Accept Oneida Nation School Board FY ’16 4th quarter report (3:35 p.m.-3:50 p.m.) Chair: Liaison: pp. 266-275 Debra Danforth Fawn Billie, Councilwoman XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card) A. Petitioners Madelyn Genskow and Yvonne Metivier: Incentive stipends for Oneida Nation elections starting 2017 1. Accept legal analysis Sponsor: 2. Accept financial analysis Sponsor: pp. 276-289 Jo Anne House, Chief Counsel Larry Barton, Chief Financial Officer EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM OCTOBER 26, 2016: (1) Motion by Brandon Stevens to accept the updated legislative analysis, seconded by Lisa Summers. Motion carried unanimously. (2) Motion by Jennifer Webster to accept the progress report regarding the legal analysis, seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa Summers to accept the progress report regarding the financial analysis, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM AUGUST 24, 2016: (1) Motion by Lisa Summers to accept the verified petition submitted by Madelyn Genskow and Yvonne Metivier regarding incentive stipends for Oneida Nation elections starting 2017, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law, Finance, and Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Offices to submit their analyses to the Tribal Secretary’s Office within sixty (60) days; and that a progress report be submitted in forty-five (45) days, seconded by Jennifer Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 6 of 12 pp. 290-294 Open Packet Page 7 of 331 Webster. Motion carried unanimously. (4) Motion by Lisa Summers to direct the Direct Report Offices to submit appropriate administrative analyses regarding the petition to be submitted to the Tribal Secretary’s Office within thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. B. Forward resolution entitled Designation of the Oneida Judiciary as the Judiciary Authorized Pursuant to Article V – Judiciary of the Oneida Nation Constitution, to the General Tribal Council for consideration Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman pp. 295-306 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. C. Accept petition submitted by Frank Vandehei regarding support for Oceti Sakowin Camp and the Standing Rock Sioux Tribe in their battle against the Dakota Access Pipeline, as information only, as it does not meet the number of required signatures in accordance with the Oneida Nation Constitution and By-laws to call a special GTC meeting; and direct the Tribal Secretary to notify the petitioner of the action taken pp. 307-316 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. D. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: 1. Approved2017 Annual General Tribal Council meeting agenda, noting the remaining back up materials must be submitted by Noon on Friday, November 18, 2016 Sponsor: Lisa Summers, Tribal Secretary E. Approve 2017 Annual General Tribal Council meeting materials and reports Sponsor: pp. 317-326 pp. 327-328 Lisa Summers, Tribal Secretary F. Request Tribal Chair to call a special General Tribal Council meeting to consider the Employment Law Sponsor: Councilman Brandon Stevens/Legislative Operating Committee Chair Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 7 of 12 pp. 329-331 Open Packet Page 8 of 331 XIV. EXECUTIVE SESSION A. UNFINISHED REPORTS 1. Accept Intergovernmental Affairs & Communications report from October 25, 2016 – Nathan King, Director pp. 332-338 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM OCTOBER 26, 2016: Motion by Jennifer Webster to defer the Intergovernmental Affairs & Communications report to the November 9, 2016, seconded by Lisa Summers. Motion carried unanimously. 2. Accept Chief Counsel report from November 8, 2016 – Jo Anne House, Chief Counsel p. 339 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. B. REPORTS 1. Accept Intergovernmental Affairs & Communications report – Nathan King, Director pp. 340-356 (10:00 a.m.-11:30 a.m.) 2. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager 3. Accept Chief Counsel report – Jo Anne House, Chief Counsel pp. 357-433 p. 434 C. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association pp. 435-451 (This item is scheduled to begin at 9:00 a.m.) D. AUDIT COMMITTEE Chair: Tehassi Hill, Councilman 1. Approve Table Games audit and lift confidentiality requirement to allow Tribal Members to view the audit EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 8 of 12 pp. 452-472 Open Packet Page 9 of 331 E. UNFINISHED BUSINESS 1. Accept close-out report and recommendations regarding complaint # 2016-DR07-01 Sponsor: pp. 473-478 Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to accept the update; and to acknowledge that a close-out report with the final recommendations will be made for the November 9, 2016, regular Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to accept the verbal update; and to request an update be brought back in two (2) weeks, seconded by Jennifer Webster. Motion carried unanimously. 2. Approve limited waiver of sovereign immunity Ignite Payments, LLC. – contract # 20160979 Sponsor: pp. 479-544 Joanie Buckley, Division Director/Internal Services EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 3. Accept Final Monitoring Report regarding on-site performance review of Indian Housing Block Grant and Indian Community Development Block grant programs; and defer concern # 2016IHBG-1, concern # 2016-IHBG-2, finding # 2016-IHBG-3, and finding # 2016IHBG-4, to the appropriate parties for follow-up pp. 545-618 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 4. Review request regarding Right-of-Way and Signage Issue Sponsor: pp. 619-660 Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 5. Review, discuss and make any recommendations regarding amendment agreement – contract # 2014-1164 Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 9 of 12 pp. 661-667 Open Packet Page 10 of 331 Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 6. Review, discuss and make any recommendations regarding amendment agreement – contract # 2012-1280 Sponsor: Tina Danforth, Tribal Chairwoman pp. 668-674 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 7. Review, discuss and make any recommendations regarding amendment agreement – contract # 2012-1281 Sponsor: Tina Danforth, Tribal Chairwoman pp. 675-681 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 8. Approve appointment termination of Oneida Library Board member Sponsor: pp. 682-683 Fawn Billie, Councilwoman; Liaison/Oneida Library Board EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 9. Approve Fletcher Law, PLCC. – contract # 2016-1209 Sponsor: pp. 684-700 Larry Barton, Chief Financial Officer EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 10. Review, discuss, and make any recommendations regarding directive from October 30, 2016, General Tribal Council meeting regarding reappointments of Oneida Total Integrated Enterprise Board Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 10 of 12 pp. 701-702 Open Packet Page 11 of 331 11. Accept update regarding attendance of direct reports at mandatory active shooter training as information Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman pp. 703-705 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 12. Review and determine next steps regarding request from Attorney Sam Wayne Sponsor: pp. 706-711 Tina Danforth, Tribal Chairwoman EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 13. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting Sponsor: Lisa Summers, Tribal Secretary a. Approved draft correspondence regarding Ancillary Facilities for Tribal Chair’s signature Requestor: Jo Anne House, Chief Counsel pp. 712-725 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 14. Review request to reconsider denial of Oneida Personnel Commission – Attorney Retainer Agreement – contract # 2016-1084 Sponsor: David Jordan, Councilman; Liaison Alternate/Oneida Personnel Commission pp. 726-740 EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 15. Review complaint # 2016-DR06-06 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 11 of 12 pp. 741-763 Open Packet Page 12 of 331 16. Review complaint # 2016-DR06-07 Sponsor: pp. 764-775 Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 17. Review complaint # 2016-DR11-01 Sponsor: pp. 776-790 Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 18. Review complaint # 2016-DR14-01 Sponsor: pp. 791-805 Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. F. NEW BUSINESS 1. Approve Oneida Housing Authority recommendation for Oneida Business Committee to identify funds to pay for U.S. Dept. of Housing and Urban Development (HUD) Final Monitoring Report finding # 2016IHBG-3 pp. 806-815 Sponsor: Dale Wheelock, Executive Director/Oneida Housing Authority 2. Approve lease for Oneida Emergency Food Pantry Sponsor: pp. 816-834 Lisa Summers, Tribal Secretary XV. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 1:00 p.m., Friday, November 18, 2016, pursuant to the Open Records and Open Meetings Law, section 7.17-1. The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: https://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) 2362214. Oneida Business Committee Regular Meeting Agenda of November 23, 2016 Page 12 of 12 Open Packet Page 13 of 331 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 I 23 I 16 2. General Information: Session: [gj Open D Executive - See instructions for the applicable laws, then choose one: Agenda Header: IAnnoucement/Recognition D Accept as Information only [gl Action - please describe: Presentation of Years of Service Certificates to fourteen (14) employees by their immediate supervisor along with the Business Committee. 3. Supporting Materials D Report D Resolution D Contract [gl Other: 1.,.-L-is_t_o_f_e_m_p_lo_y_e_e_s-to_b_e-re_c_o_g_n-iz-ed--------. 3. 4. 2. D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted- Grant Funded 5. Submission Authorized Sponsor I Liaison: Primary Requestor: Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 D Unbudgeted Open Packet Page 14 of 331 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create the certificate to be presented to the Years of Service recipient. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of2 Open Packet Page 15 of 331 ADOH Years Open Packet Page 16 of 331 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 23 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Yasiman Metoxen, Vicki Cornelius and Floyd Silas Jr to the Oneida Pow Committee. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Kathleen M. Metoxen, executive Tribal Clerk Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Open Packet Page 17 of 331 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the September 15, 2016 issue of the Kalihwisaks for Three (3) of vacancies on the Oneida Pow Wow Committee for a Three (3) year term with the deadline of October 10, 2016. There were Five (5) applicants for the Three (3) vacancies on the Oneida Pow Wow Committee. The appointment was made on the November 9, 2016 BC Agenda. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 18 of 331 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 23 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Richard Hill-Elm to the Personnel Commission for a full term. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Kathleen M. Metoxen, executive Tribal Clerk Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Open Packet Page 19 of 331 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the June 16, 2016, issue of the Kalihwisaks for two (2) vacancies on the Oneida Personnel Commission. The vacancies were for five (5) year terms. The deadline for applications was July 15, 2016. There were four (4) applicants for the two (2) vacancies for that posting. During the August 24, 2016, regular BC meeting, one (1) of the vacancies was filled through the Chair's approved recommendation to appoint Leland Wigg-Ninham. Leland took his oath during the September 28, 2016, regular BC meeting. During the November 9, 2016, regular BC meeting, the second vacancy was ultimately filled through the Chair's approved recommendation to appoint Richard Hill-Elm. Richard has been sent correspondence that his oath of office is scheduled at the November 23, 2016, regular BC meeting. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 20 of 331 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 23 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve corrected October 12, 2016, regular meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. Redline version 3. 2. Clean version 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 21 of 331 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: ***BACKGROUND*** It was brought to our attention that corrections were needed in the October 12, 2016, regular BC meeting minutes to the first motion made regarding item 10.F. Approve three (3) requests regarding 2017 Oneida Business Committee Standing Meeting Schedule (found at the bottom of page 7 of the minutes). Upon re-review of the audio, this following is the correct motion: Motion by Fawn Billie to approve the 2017 Oneida Business Committee Standing Meeting Schedule as presented with the following changes: [Revise start time of Business Committee executive and regular meetings to begin at 8:30 a.m.; and limit Agenda Review meetings from 1:30-2:30 p.m.], seconded by Jennifer Webster. Motion carried unanimously. Instead of: Motion by Fawn Billie to approve the 2017 Oneida Business Committee Standing Meeting Schedule presented with the following changes: [Revise start time of Business Committee regular meetings to begin at 8:30 a.m.; and Revise to start time of Agenda Review meetings to begin at 2:30 p.m.], seconded by Jennifer Webster. Motion carried unanimously. ***REQUESTED ACTION*** Approve corrected October 12, 2016, regular meeting minutes. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 22 of 331 Redline Version Oneida Business Committee Executive Session 9:00 a.m. Tuesday, October 11, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, October 12, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairwoman Tina Danforth, Secretary Lisa Summers (excused at 12:00 p.m.-personal), Council members: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King; Arrived at: Councilwoman Fawn Billie at 9:30 a.m. (excused-personal); Others present: Jo Anne House, Larry Barton, Troy Parr, Joanie Buckley, Jacque Boyle; REGULAR MEETING Present: Chairwoman Tina Danforth, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Treasurer Trish King, Secretary Lisa Summers; Arrived at: Vice-Chairwoman Melinda J. Danforth at 1:25 p.m.; Others present: Jo Anne House, Brad Graham, Bill Graham, Rhiannon Metoxen, Jessica Wallenfang, Lisa Liggins, Nancy Barton, Kathy Metoxen, Cathy Bachhuber, Heather Heuer, Dale Wheelock, Chris Johnson, Michelle Gordon, Clorissa Santiago, Brian Doxtator, Laura Manthe, Denice Beans, Gerald Hill, Ed Delgado, Marcus Zelenski, Layatalati Hill, Tonya Webster, Leyne Orosco, Krystal John, Troy Parr, Larry Barton, Cathy Metoxen, Mike Debraska, Taniquelle Thurner, Geraldine Danforth, Debra Danforth, Paul Witek, Larry Cornelius, Jacque Boyle, Scott Cottrell, Mark A. Powless, Lori Elm, James Petitjean, Brenda Skenandore, Sylvia Cornelius, Lauren Hartman, Mary Adams, RaLinda Ninham-Lamberies, Lorraine Monita, Barb Erickson, Sharon Mousseau, Tom Danforth, Linda Jenkins; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:05 a.m. For the record: Chairwoman Tina Danforth will be out of the office during the afternoon session on personal time. Vice-Chairwoman Melinda J. Danforth is out of the office on personal time, but will arrive for the afternoon session to chair the meeting. Treasurer Trish King and Secretary Lisa Summers are out of the office on personal time. II. OPENING by Councilman Tehassi Hill Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 1 of 16 Open Packet Page 23 of 331 Redline Version III. ADOPT THE AGENDA (00:04:25) Motion by Fawn Billie to adopt the agenda with the following changes: [Add-on to Resolutions section 6.F. Adopt resolution entitled Election Law Emergency Amendments Extension; and Add-on to Executive Session – New Business section 14.D.18. Review two (2) requests regarding the release of confidential employee information], seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers IV. OATHS OF OFFICE (00:11:05) by Chairwoman Tina Danforth A. Oneida Family Court Judge – Marcus S. Zelenski V. MINUTES A. Approve September 28, 2016, regular meeting minutes (00:14:39) Sponsor: Lisa Summers, Tribal Secretary Motion by David Jordan to approve the September 28, 2016, regular meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers B. Approve September 30, 2016, special meeting minutes (00:15:12) Sponsor: Lisa Summers, Tribal Secretary Motion by David Jordan to approve the September 30, 2016, special meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers VI. RESOLUTIONS A. Adopt resolution entitled Eviction and Termination Law (00:15:38) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Brandon Stevens to adopt resolution # 10-12-16-A Eviction and Termination Law, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 2 of 16 Open Packet Page 24 of 331 Redline Version B. Adopt resolution entitled Defining Comprehensive Housing Division in the Eviction and Termination Law (00:56:39) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Tehassi Hill to adopt resolution # 10-12-16-B Defining Comprehensive Housing Division in the Eviction and Termination Law, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers For the record: Chairwoman Tina Danforth stated I think this needs more work overall and maybe in 120 days we’ll see what we find, but thank you. C. Adopt resolution entitled Landlord-Tenant Law (1:44:52) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Tehassi Hill to adopt resolution # 10-12-16-C Landlord-Tenant Law, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers D. Adopt resolution entitled Defining Comprehensive Housing Division in the LandlordTenant Law (1:46:27) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Tehassi Hill to adopt resolution # 10-12-16-D Defining Comprehensive Housing Division in the Landlord-Tenant Law, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Councilman David Jordan departs at 11:02 a.m. Councilman David Jordan returns at 11:07 a.m. E. Adopt resolution entitled Vendor Licensing Law Amendments (1:47:17) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Jennifer Webster to adopt resolution # 10-12-16-E Vendor Licensing Law Amendments with the following changes:  [Revise section 56.5-3(b) by replacing “…appeal the decision.” With “file a complaint with the Judiciary challenging the Department’s action.”;  Revise header of section 56.9 by replacing “Appeals of Licensing Decisions” with “Department Decisions”;  Revise section 56.9-1 to read “The Judiciary is granted jurisdiction to hear complaints filed regarding actions taken by the Department pursuant to this law.”;  Add section 56.9-2 to read “No administrative hearing body, including a board, committee or commission, is authorized to hear a complaint filed regarding actions taken pursuant to this law.”; and Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 3 of 16 Open Packet Page 25 of 331 Redline Version  Add section 56.9-3 to read “Complaints filed with the Judiciary shall name the Licensing Department as the responding party”], seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Motion by Jennifer Webster to request the Finance Department to develop an analysis on whether the fees minus the funds collected for Trust are covering the costs of the Licensing Department; and for that analysis to be due back to the Business Committee within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Councilwoman Jennifer Webster departs at 11:18 a.m. Councilwoman Jennifer Webster returns at 11:22 a.m. F. Adopt resolution entitled Emergency Election Law Amendments Extension (2:13:38) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Brandon Stevens to adopt resolution # 10-12-16-F Emergency Election Law Amendments Extension, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers VII. APPOINTMENTS A. Approve recommendation to appoint Weldon “Ted” Hawk to the Environmental Resources Board (2:30:17) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to approve the recommendation to appoint Weldon “Ted” Hawk to the Environmental Resources Board, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: David Jordan Not Present: Melinda J. Danforth, Trish King, Lisa Summers For the record: Councilman David Jordan abstained due to the appointee being a relative. B. Approve recommendation to appoint Felicia Bernhardt to the Southeastern Oneida Tribal Services Advisory Board (2:30:59) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to approve the recommendation to appoint Felicia Bernhardt to the Southeastern Oneida Tribal Services Advisory Board, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 4 of 16 Open Packet Page 26 of 331 Redline Version VIII. STANDING COMMITTEES A. Finance Committee Sponsor: Trish King, Tribal Treasurer Councilman Tehassi Hill departs at 11:40 a.m. Councilman Tehassi Hill returns at 11:43 a.m. 1. Approve October 3, 2016, Finance Committee meeting minutes (2:31:31) Motion by David Jordan to approve the October 3, 2016, Finance Committee meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers IX. UNFINISHED BUSINESS A. Review final report and accept recommendation regarding Medicare Part B Research (2:48:50) Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Division Director/Medical Operations EXCERPT FROM APRIL 08, 2015: Motion by Melinda J. Danforth to defer the Medicare Part B research back to the Comprehensive Health Division Directors and to comeback with a report in 90 days that researches the opportunities we would have to provide insurance to those individuals of 65 and over that are Oneida Tribal members and have a work meeting with the directors to clarify and develop the scope, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM FEBRUARY 11, 2015: Motion by Melinda Danforth to accept the Oneida Nation Commission on Aging report and that the request from ONCOA regarding researching whether or not the Tribe should pay for Medicare Part B benefits for Tribal members who use the Oneida Health Center be assigned to the Comprehensive Health Division Directors to research and bring back in 60 days, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers B. Review update regarding vacancies and appointment recommendations regarding Oneida Personnel Commission (Not submitted) (2:51:08) Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer this item back to Chair’s Office regarding the (2) two Oneida Personnel Commission vacancies not filled through posting #3 which had the deadline of June 20, 2016, and the one (1) vacancy not filled through posting #4 which had the deadline of July 15, 2016; and to request clarifications be brought back to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried with two abstentions. EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission, seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 5 of 16 Open Packet Page 27 of 331 Redline Version to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of events for these particular vacancies for information to the Business Committee, seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers X. NEW BUSINESS1 A. Approve request from Environmental Resources Board to support Menominee Nation in opposing the Back Forty Mine (3:26:00) Chair: Marlene Garvey; Environmental Resources Board Liaison: Tehassi Hill, Councilman Motion by Tehassi Hill to forward this item to the Intergovernmental Affairs & Communications Department to do further research; and for that area to bring back a report and proposed correspondence for the Business Committee to consider and support, to be conducted before the October 26, 2016, regular Business Committee meeting so that any action that may be taken can be accepted at the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers B. Approve annual Gaming Facilities Compliance Inspections; and request a letter be drafted by Tribal Secretary certifying approved request (3:14:40) Sponsor: Troy Parr, Division Director/Development Motion by Fawn Billie to approve the annual Gaming Facilities Compliance Inspections, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Jennifer Webster to request a letter be drafted in a timely manner by the Tribal Secretary certifying the approved annual Gaming Facilities Compliance Inspections, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 1 This section occurs during the afternoon session. Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 6 of 16 Open Packet Page 28 of 331 Redline Version C. Approve changes to the Rules of Play – Poker which were adopted by Oneida Gaming Commission on September 30, 2016 (3:29:12) Chair: Mark A. Powless Sr. Liaison: Brandon Stevens, Councilman Motion by Jennifer Webster to accept the changes to the Rules of Play – Poker which were adopted by Oneida Gaming Commission on September 30, 2016, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers D. Approve request from Oneida Nation School Board regarding the Final Settlement Agreement in the Ramah Navajo Chapter, et al., v. Jewell case (3:31:15) Chair: Debra Danforth; Oneida Nation School Board Liaison: Fawn Billie, Councilwoman Motion by Jennifer Webster to approve the request to affirm that the awarded money shall not reduce or eliminate any grants or tribal contributions that the Oneida Nation School System is currently receiving or will be eligible to receive, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Brandon Stevens to request the Business Committee to meet with the Oneida Nation School Board to discuss the pre-planning for utilization of the Final Settlement Agreement funds, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers E. Approve limited waiver of sovereign immunity – Wisconsin Public Service – contract # 2016-1143 for CIP project # 14-008 Uskah Village Infrastructure (3:38:32) Sponsor: James Petitjean, Interim Assistant Division Director/Development Motion by David Jordan to approve the limited waiver of sovereign immunity – Wisconsin Public Service – contract # 2016-1143 for CIP project # 14-008 Uskah Village Infrastructure, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers F. Approve three (3) requests regarding 2017 Oneida Business Committee Standing Meeting Schedule (3:39:03) Sponsor: Lisa Summers, Tribal Secretary Motion by Fawn Billie to approve the 2017 Oneida Business Committee Standing Meeting Schedule as presented with the following changes: [Revise start time of Business Committee executive and regular meetings to begin at 8:30 a.m.; and Revise to limitstart time of Agenda Review meetings to begin at from 1:30-2:30 p.m.], seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 7 of 16 Open Packet Not Present: Page 29 of 331 Redline Version Tina Danforth, Trish King, Lisa Summers Motion by Jennifer Webster to request that any 2017 Oneida Business Committee Standing Meeting Schedule updates be submitted to a Business Committee work meeting as information, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Jennifer Webster to request meetings from the approved 2017 Oneida Business Committee Standing Meeting Schedule be sent to Business Committee members and their aides from the Tribal Secretary E-mail account, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers G. Approve 2017 Quarterly Report Schedule; and direct Tribal Secretary to provide notification of schedule to Boards, Committees, and Commissions, Standing Committees, and Corporate Boards no later than December 1, 2016 (3:45:41) Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to approve the 2017 Quarterly Report Schedule, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Tehassi Hill to direct Tribal Secretary to provide notification of the schedule to Boards, Committees, and Commissions, Standing Committees, and Corporate Boards no later than December 1, 2016, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers H. Approve limited waiver of sovereign immunity – CNH America LLC-CHN Industrial Capital – contract # 20160973 (3:47:58) Sponsor: Larry Barton, Chief Financial Officer Motion by Fawn Billie to approve the limited waiver of sovereign immunity – CNH America LLC-CHN Industrial Capital – contract # 2016-0973, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Vice-Chairwoman Melinda J. Danforth calls for a five (5) minute recess at 2:20 p.m. (3:49:00) Meeting called to order by Melinda J. Danforth at 2:25 p.m. Chairwoman Tina Danforth, Treasurer Trish King, and Secretary Lisa Summers not present. Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 8 of 16 Open Packet Page 30 of 331 Redline Version XI. TRAVEL A. TRAVEL REPORTS 1. Accept travel report – Councilman David Jordan – 34th Annual Native American Finance Officers Association (NAFOA) conference – Phoenix, AZ – April 17-20, 2016 (3:49:22) Motion by Fawn Billie to accept the travel report – Councilman David Jordan – 34th Annual Native American Finance Officers Association (NAFOA) conference – Phoenix, AZ – April 17-20, 2016, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 2. Accept travel report – Councilman David Jordan – Democratic National Convention – Philadelphia, PA – July 24-29, 2016 (3:52:55) Motion by Jennifer Webster to accept the travel report – Councilman David Jordan – Democratic National Convention – Philadelphia, PA – July 24-29, 2016, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: David Jordan Not Present: Tina Danforth, Trish King, Lisa Summers B. TRAVEL REQUESTS 1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting (3:43:18) Sponsor: Lisa Summers, Tribal Secretary a. Approved travel request – Councilman Brandon Stevens – White House Tribal Nations conference – Washington D.C. – September 25-27, 2016 Requestor: Brandon Stevens, Councilman Motion by Tehassi Hill to enter the E-Poll results into the record for approved travel request – Councilman Brandon Stevens – White House Tribal Nations conference – Washington D.C. – September 25-27, 2016, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Abstained: Brandon Stevens Not Present: Tina Danforth, Trish King, Lisa Summers Motion by David Jordan to recess at 12:01 p.m. until 1:30 p.m., seconded by Fawn Billie. Motion carried unanimously: (2:56:07) Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m. Chairwoman Tina Danforth, Treasurer Trish King, and Secretary Lisa Summers not present. Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 9 of 16 Open Packet Page 31 of 331 Redline Version XII. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. OPERATIONAL REPORTS 1. Accept Development Division FY ’16 4th quarter report (2:56:42) (1:30 p.m.-1:50 p.m.) Sponsors: Troy Parr, Division Director/Development; Jacque Boyle, Interim Assistant Division Director/Operations; Scott Cottrell, Utilities Manager Motion by Jennifer Webster to accept the Development Division FY ’16 4th quarter report, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 2. Accept Environmental Health & Safety Division FY ’16 4th quarter report (3:02:55) (1:50 p.m.-2:10 p.m.) Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety Motion by David Jordan to accept the Environmental Health & Safety Division FY ’16 4th quarter report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 3. Accept Division of Land Management FY ’16 4th quarter report (3:08:19) (2:10 p.m.-2:30 p.m.) Sponsor: Patrick Pelky, Division Director/Land Management Motion by Jennifer Webster to accept the Division of Land Management FY ’16 4th quarter report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers B. BOARDS, COMMITTEES, AND COMMISSIONS Councilman Tehassi Hill departs at 1:44 p.m. Councilman Tehassi Hill returns at 1:47 p.m. Councilwoman Fawn Billie departs at 1:55 p.m. 1. Accept Anna John Residential Centered Care Community Board FY ’16 4th quarter report (2:30 p.m.-2:45 p.m.) (3:17:50) Chair: Candace House Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by David Jordan to accept the Anna John Residential Centered Care Community Board FY ’16 4th quarter report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Fawn Billie, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 10 of 16 Open Packet Page 32 of 331 Redline Version Councilwoman Fawn Billie returns at 1:57 p.m. 2. Defer Oneida Nation Arts Board FY ’16 4th quarter report to the October 26, 2016, regular Business Committee meeting (3:13:44) Chair-Elect: Dawn Walschinski Liaison: Jennifer Webster, Councilwoman Motion by Jennifer Webster to defer the Oneida Nation Arts Board FY ’16 4th quarter report to the October 26, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King, Lisa Summers XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card) A. Schedule the 2nd reconvened special General Tribal Council meeting (3:54:09) Sponsor: Lisa Summers, Tribal Secretary Motion by David Jordan to approve scheduling the 2nd reconvened special General Tribal Council meeting on Monday, November 14, 2016, at 6:00 p.m., seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers B. Approve reprint and mailing of meeting materials for the 2nd reconvened special General Tribal Council meeting (3:56:23) Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to approve the reprint and mailing of meeting materials for the 2nd reconvened special General Tribal Council meeting scheduled on Monday, November 14, 2016, at 6:00 p.m., seconded by Jennifer Webster. Motion carried with one opposed: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Opposed: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers XIV. EXECUTIVE SESSION A. REPORTS 1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (4:03:18) Motion by Tehassi Hill to accept the Chief Counsel report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 11 of 16 Open Packet Page 33 of 331 Redline Version B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) C. UNFINISHED BUSINESS 1. Review report regarding request from Tribal Member’s concern over depletion of Bureau of Indian Affairs – General Assistant Grant funds (Not submitted) (4:03:35) Sponsors: Chris Johns, Coordinator/Self-Governance; Liz Somers, Division Director/Governmental Services EXCERPT FROM AUGUST 24 & 29, 2016: (1) Motion by Jennifer Webster to accept the request as information; and to request the Governmental Services Division and Self-Governance Director to provide a report, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main motion by Lisa Summers to defer this item to a Business Committee Officer’s for continued monitoring and follow-up; and to request the initial report be brought back within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by David Jordan to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers D. NEW BUSINESS 1. Accept update regarding white corn crop damage as information (4:04:13) (This item is scheduled to begin at 9:00 a.m.) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to accept the report; for follow-up information to be provided in the tribal newspaper; and for the employee part of the complaint to be referred to the Internal Services Division Director for follow-up, seconded by Brandon Stevens. Motion carried with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers 2. Review concern regarding safety and lockdown procedures at Skenandoah building and determine next steps (4:07:11) (This item is scheduled to begin at 9:30 a.m.) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to accept this item as information; and to request a notification to the Business Committee when the Emergency Management procedures are complete, seconded by Tehassi Hill. Motion carried with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 12 of 16 Open Packet Page 34 of 331 Redline Version 3. Accept update regarding Department of Public Works HVAC contracts as information (4:07:56) (This item is scheduled to begin at 10:00 a.m.) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by David Jordan to defer this item to the Legislative Operating Committee, Law Office, and Purchasing Department to develop policies and solutions; and for an update to be brought back within sixty (60) days, seconded by Jennifer Webster. Motion carried with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers 4. Review close-out report regarding 340-B certification and determine next steps (4:08:30) (This item is scheduled to begin at 10:30 a.m.) Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Division Director/Medical Operations Motion by Fawn Billie to accept the close-out report; to include the sales comparison; and request the report to be released from executive session by placing it into open session for the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 5. Approve limited waiver of sovereign immunity – Fredericks Peebles & Morgan LLP – contract # 2016-1076 (4:10:24) (This item is scheduled to begin at 11:00 a.m.) Chair: Debra Danforth; Oneida Nation School Board Liaison: Fawn Billie, Councilwoman Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Fredericks Peebles & Morgan LLP – contract # 2016-1076, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 6. Review submission regarding complaint # 2016-DR07-01 (4:18:45) (This item is scheduled to begin at 11:30 a.m.) Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to accept the verbal update; and to request an update be brought back in two (2) weeks, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens, Lisa Summers 7. Review proposed Economic Development Structure and determine next steps (4:11:09) (This item is scheduled to begin at 1:30 p.m.) Sponsor: Troy Parr, Division Director/Development Motion by Brandon Stevens to accept the proposed concept regarding the Economic Development Structure, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 13 of 16 Open Packet Page 35 of 331 Redline Version 8. Approve limited waiver of sovereign immunity – Wisconsin Division of Transportation – Sealed Bid for Purchase of Excess Highway Property – contract # 2016-1123 (4:12:26) (This item is scheduled to begin at 2:30 p.m.) Sponsor: Patrick Pelky, Division Director/Land Management Motion by Tehassi Hill to approve the limited waiver of sovereign immunity – Wisconsin Division of Transportation – Sealed Bid for Purchase of Excess Highway Property – contract # 2016-1123, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 9. Review and accept concern # 2016-CC-17 as information (4:12:49) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Brandon Stevens to acknowledge the receipt of information regarding concern # 2016-CC-17, seconded by Jennifer Webster. Motion carried with two abstentions: Ayes: David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie, Tehassi Hill Not Present: Tina Danforth, Trish King, Lisa Summers 10. Review concern # 2016-CC-18 and determine next steps (4:13:28) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to acknowledge receipt of information regarding concern # 2016-CC-18, seconded by David Jordan. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Abstained: Brandon Stevens Not Present: Tina Danforth, Trish King, Lisa Summers 11. Review item regarding Ancillary Facilities and determine next steps (4:13:47) Sponsor: Tina Danforth, Tribal Chairwoman Motion by David Jordan to direct the Law Office to develop the correspondence; and to submit the correspondence for an E-Poll approval by the Business Committee by Wednesday, October 19, 2016, seconded by Fawn Billie. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 12. Discuss Self-Governance Coordinator succession planning and determine next steps (4:14:55) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Fawn Billie to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 14 of 16 Open Packet Page 36 of 331 Redline Version 13. Review update regarding Tribal Ombudsman (4:14:17) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Tehassi Hill to accept the verbal update; and to direct the Business Committee Officers to bring back a location recommendation to the Business Committee within sixty (60) days, seconded by Fawn Billie. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 14. Approve request for title change of Medical Director to Comprehensive Health Division Director-Medical (4:16:10) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee in order to allow for additional information to be followed up on, seconded by Tehassi Hill. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 15. Discuss performance expectations for new Direct Reports (4:16:35) Sponsor: Trish King, Tribal Treasurer Motion by David Jordan to approve the request and defer this item to the October 17, 2016, Business Committee work meeting, seconded by Fawn Billie. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 16. Review complaint # 2016-DR06-05 and determine next steps (4:16:58) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by David Jordan to accept the draft memorandum; and to direct the memorandum be forwarded to the appropriate parties, seconded by Brandon Stevens. Motion carried with one with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers 17. Approve limited waiver of sovereign immunity – PoliticalCalling.com – contract # 20161128 (4:17:47) Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – PoliticalCalling.com – contract # 2016-1128, seconded by Tehassi Hill. Motion carried with one with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Fawn Billie to go into executive session at 2:54 p.m., seconded by Tehassi Hill. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 15 of 16 Open Packet Page 37 of 331 Redline Version Councilman Brandon Stevens departs at 3:40 p.m. Motion by Tehassi Hill to come out of executive session at 3:42 p.m., seconded by Fawn Billie. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens, Lisa Summers 18. Review two (2) requests regarding release of confidential employee information (4:20:28) Sponsor: Tehassi Hill, Councilman Motion by Tehassi Hill to request the Finance Department to identify cost and funds to potentially provide identity theft insurance to the thirty-eight (38) employees; and to direct that report to come back in two (2) weeks, seconded by Jennifer Webster. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens, Lisa Summers XV. ADJOURN Motion by David Jordan to adjourn at 3:45 p.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens, Lisa Summers Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on October 26, 2016. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 16 of 16 Open Packet Page 38 of 331 Clean Version Oneida Business Committee Executive Session 9:00 a.m. Tuesday, October 11, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, October 12, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairwoman Tina Danforth, Secretary Lisa Summers (excused at 12:00 p.m.-personal), Council members: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King; Arrived at: Councilwoman Fawn Billie at 9:30 a.m. (excused-personal); Others present: Jo Anne House, Larry Barton, Troy Parr, Joanie Buckley, Jacque Boyle; REGULAR MEETING Present: Chairwoman Tina Danforth, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Treasurer Trish King, Secretary Lisa Summers; Arrived at: Vice-Chairwoman Melinda J. Danforth at 1:25 p.m.; Others present: Jo Anne House, Brad Graham, Bill Graham, Rhiannon Metoxen, Jessica Wallenfang, Lisa Liggins, Nancy Barton, Kathy Metoxen, Cathy Bachhuber, Heather Heuer, Dale Wheelock, Chris Johnson, Michelle Gordon, Clorissa Santiago, Brian Doxtator, Laura Manthe, Denice Beans, Gerald Hill, Ed Delgado, Marcus Zelenski, Layatalati Hill, Tonya Webster, Leyne Orosco, Krystal John, Troy Parr, Larry Barton, Cathy Metoxen, Mike Debraska, Taniquelle Thurner, Geraldine Danforth, Debra Danforth, Paul Witek, Larry Cornelius, Jacque Boyle, Scott Cottrell, Mark A. Powless, Lori Elm, James Petitjean, Brenda Skenandore, Sylvia Cornelius, Lauren Hartman, Mary Adams, RaLinda Ninham-Lamberies, Lorraine Monita, Barb Erickson, Sharon Mousseau, Tom Danforth, Linda Jenkins; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:05 a.m. For the record: Chairwoman Tina Danforth will be out of the office during the afternoon session on personal time. Vice-Chairwoman Melinda J. Danforth is out of the office on personal time, but will arrive for the afternoon session to chair the meeting. Treasurer Trish King and Secretary Lisa Summers are out of the office on personal time. II. OPENING by Councilman Tehassi Hill Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 1 of 16 Open Packet Page 39 of 331 Clean Version III. ADOPT THE AGENDA (00:04:25) Motion by Fawn Billie to adopt the agenda with the following changes: [Add-on to Resolutions section 6.F. Adopt resolution entitled Election Law Emergency Amendments Extension; and Add-on to Executive Session – New Business section 14.D.18. Review two (2) requests regarding the release of confidential employee information], seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers IV. OATHS OF OFFICE (00:11:05) by Chairwoman Tina Danforth A. Oneida Family Court Judge – Marcus S. Zelenski V. MINUTES A. Approve September 28, 2016, regular meeting minutes (00:14:39) Sponsor: Lisa Summers, Tribal Secretary Motion by David Jordan to approve the September 28, 2016, regular meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers B. Approve September 30, 2016, special meeting minutes (00:15:12) Sponsor: Lisa Summers, Tribal Secretary Motion by David Jordan to approve the September 30, 2016, special meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers VI. RESOLUTIONS A. Adopt resolution entitled Eviction and Termination Law (00:15:38) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Brandon Stevens to adopt resolution # 10-12-16-A Eviction and Termination Law, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 2 of 16 Open Packet Page 40 of 331 Clean Version B. Adopt resolution entitled Defining Comprehensive Housing Division in the Eviction and Termination Law (00:56:39) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Tehassi Hill to adopt resolution # 10-12-16-B Defining Comprehensive Housing Division in the Eviction and Termination Law, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers For the record: Chairwoman Tina Danforth stated I think this needs more work overall and maybe in 120 days we’ll see what we find, but thank you. C. Adopt resolution entitled Landlord-Tenant Law (1:44:52) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Tehassi Hill to adopt resolution # 10-12-16-C Landlord-Tenant Law, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers D. Adopt resolution entitled Defining Comprehensive Housing Division in the LandlordTenant Law (1:46:27) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Tehassi Hill to adopt resolution # 10-12-16-D Defining Comprehensive Housing Division in the Landlord-Tenant Law, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Councilman David Jordan departs at 11:02 a.m. Councilman David Jordan returns at 11:07 a.m. E. Adopt resolution entitled Vendor Licensing Law Amendments (1:47:17) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Jennifer Webster to adopt resolution # 10-12-16-E Vendor Licensing Law Amendments with the following changes:  [Revise section 56.5-3(b) by replacing “…appeal the decision.” With “file a complaint with the Judiciary challenging the Department’s action.”;  Revise header of section 56.9 by replacing “Appeals of Licensing Decisions” with “Department Decisions”;  Revise section 56.9-1 to read “The Judiciary is granted jurisdiction to hear complaints filed regarding actions taken by the Department pursuant to this law.”;  Add section 56.9-2 to read “No administrative hearing body, including a board, committee or commission, is authorized to hear a complaint filed regarding actions taken pursuant to this law.”; and Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 3 of 16 Open Packet Page 41 of 331 Clean Version  Add section 56.9-3 to read “Complaints filed with the Judiciary shall name the Licensing Department as the responding party”], seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Motion by Jennifer Webster to request the Finance Department to develop an analysis on whether the fees minus the funds collected for Trust are covering the costs of the Licensing Department; and for that analysis to be due back to the Business Committee within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Councilwoman Jennifer Webster departs at 11:18 a.m. Councilwoman Jennifer Webster returns at 11:22 a.m. F. Adopt resolution entitled Emergency Election Law Amendments Extension (2:13:38) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Brandon Stevens to adopt resolution # 10-12-16-F Emergency Election Law Amendments Extension, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers VII. APPOINTMENTS A. Approve recommendation to appoint Weldon “Ted” Hawk to the Environmental Resources Board (2:30:17) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to approve the recommendation to appoint Weldon “Ted” Hawk to the Environmental Resources Board, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: David Jordan Not Present: Melinda J. Danforth, Trish King, Lisa Summers For the record: Councilman David Jordan abstained due to the appointee being a relative. B. Approve recommendation to appoint Felicia Bernhardt to the Southeastern Oneida Tribal Services Advisory Board (2:30:59) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to approve the recommendation to appoint Felicia Bernhardt to the Southeastern Oneida Tribal Services Advisory Board, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 4 of 16 Open Packet Page 42 of 331 Clean Version VIII. STANDING COMMITTEES A. Finance Committee Sponsor: Trish King, Tribal Treasurer Councilman Tehassi Hill departs at 11:40 a.m. Councilman Tehassi Hill returns at 11:43 a.m. 1. Approve October 3, 2016, Finance Committee meeting minutes (2:31:31) Motion by David Jordan to approve the October 3, 2016, Finance Committee meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers IX. UNFINISHED BUSINESS A. Review final report and accept recommendation regarding Medicare Part B Research (2:48:50) Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Division Director/Medical Operations EXCERPT FROM APRIL 08, 2015: Motion by Melinda J. Danforth to defer the Medicare Part B research back to the Comprehensive Health Division Directors and to comeback with a report in 90 days that researches the opportunities we would have to provide insurance to those individuals of 65 and over that are Oneida Tribal members and have a work meeting with the directors to clarify and develop the scope, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM FEBRUARY 11, 2015: Motion by Melinda Danforth to accept the Oneida Nation Commission on Aging report and that the request from ONCOA regarding researching whether or not the Tribe should pay for Medicare Part B benefits for Tribal members who use the Oneida Health Center be assigned to the Comprehensive Health Division Directors to research and bring back in 60 days, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers B. Review update regarding vacancies and appointment recommendations regarding Oneida Personnel Commission (Not submitted) (2:51:08) Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer this item back to Chair’s Office regarding the (2) two Oneida Personnel Commission vacancies not filled through posting #3 which had the deadline of June 20, 2016, and the one (1) vacancy not filled through posting #4 which had the deadline of July 15, 2016; and to request clarifications be brought back to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried with two abstentions. EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission, seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 5 of 16 Open Packet Page 43 of 331 Clean Version to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of events for these particular vacancies for information to the Business Committee, seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers X. NEW BUSINESS1 A. Approve request from Environmental Resources Board to support Menominee Nation in opposing the Back Forty Mine (3:26:00) Chair: Marlene Garvey; Environmental Resources Board Liaison: Tehassi Hill, Councilman Motion by Tehassi Hill to forward this item to the Intergovernmental Affairs & Communications Department to do further research; and for that area to bring back a report and proposed correspondence for the Business Committee to consider and support, to be conducted before the October 26, 2016, regular Business Committee meeting so that any action that may be taken can be accepted at the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers B. Approve annual Gaming Facilities Compliance Inspections; and request a letter be drafted by Tribal Secretary certifying approved request (3:14:40) Sponsor: Troy Parr, Division Director/Development Motion by Fawn Billie to approve the annual Gaming Facilities Compliance Inspections, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Jennifer Webster to request a letter be drafted in a timely manner by the Tribal Secretary certifying the approved annual Gaming Facilities Compliance Inspections, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 1 This section occurs during the afternoon session. Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 6 of 16 Open Packet Page 44 of 331 Clean Version C. Approve changes to the Rules of Play – Poker which were adopted by Oneida Gaming Commission on September 30, 2016 (3:29:12) Chair: Mark A. Powless Sr. Liaison: Brandon Stevens, Councilman Motion by Jennifer Webster to accept the changes to the Rules of Play – Poker which were adopted by Oneida Gaming Commission on September 30, 2016, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers D. Approve request from Oneida Nation School Board regarding the Final Settlement Agreement in the Ramah Navajo Chapter, et al., v. Jewell case (3:31:15) Chair: Debra Danforth; Oneida Nation School Board Liaison: Fawn Billie, Councilwoman Motion by Jennifer Webster to approve the request to affirm that the awarded money shall not reduce or eliminate any grants or tribal contributions that the Oneida Nation School System is currently receiving or will be eligible to receive, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Brandon Stevens to request the Business Committee to meet with the Oneida Nation School Board to discuss the pre-planning for utilization of the Final Settlement Agreement funds, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers E. Approve limited waiver of sovereign immunity – Wisconsin Public Service – contract # 2016-1143 for CIP project # 14-008 Uskah Village Infrastructure (3:38:32) Sponsor: James Petitjean, Interim Assistant Division Director/Development Motion by David Jordan to approve the limited waiver of sovereign immunity – Wisconsin Public Service – contract # 2016-1143 for CIP project # 14-008 Uskah Village Infrastructure, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers F. Approve three (3) requests regarding 2017 Oneida Business Committee Standing Meeting Schedule (3:39:03) Sponsor: Lisa Summers, Tribal Secretary Motion by Fawn Billie to approve the 2017 Oneida Business Committee Standing Meeting Schedule as presented with the following changes: [Revise start time of Business Committee executive and regular meetings to begin at 8:30 a.m.; and to limit Agenda Review meetings from 1:30-2:30 p.m.], seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 7 of 16 Open Packet Not Present: Page 45 of 331 Clean Version Tina Danforth, Trish King, Lisa Summers Motion by Jennifer Webster to request that any 2017 Oneida Business Committee Standing Meeting Schedule updates be submitted to a Business Committee work meeting as information, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Jennifer Webster to request meetings from the approved 2017 Oneida Business Committee Standing Meeting Schedule be sent to Business Committee members and their aides from the Tribal Secretary E-mail account, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers G. Approve 2017 Quarterly Report Schedule; and direct Tribal Secretary to provide notification of schedule to Boards, Committees, and Commissions, Standing Committees, and Corporate Boards no later than December 1, 2016 (3:45:41) Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to approve the 2017 Quarterly Report Schedule, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Tehassi Hill to direct Tribal Secretary to provide notification of the schedule to Boards, Committees, and Commissions, Standing Committees, and Corporate Boards no later than December 1, 2016, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers H. Approve limited waiver of sovereign immunity – CNH America LLC-CHN Industrial Capital – contract # 20160973 (3:47:58) Sponsor: Larry Barton, Chief Financial Officer Motion by Fawn Billie to approve the limited waiver of sovereign immunity – CNH America LLC-CHN Industrial Capital – contract # 2016-0973, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Vice-Chairwoman Melinda J. Danforth calls for a five (5) minute recess at 2:20 p.m. (3:49:00) Meeting called to order by Melinda J. Danforth at 2:25 p.m. Chairwoman Tina Danforth, Treasurer Trish King, and Secretary Lisa Summers not present. Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 8 of 16 Open Packet Page 46 of 331 Clean Version XI. TRAVEL A. TRAVEL REPORTS 1. Accept travel report – Councilman David Jordan – 34th Annual Native American Finance Officers Association (NAFOA) conference – Phoenix, AZ – April 17-20, 2016 (3:49:22) Motion by Fawn Billie to accept the travel report – Councilman David Jordan – 34th Annual Native American Finance Officers Association (NAFOA) conference – Phoenix, AZ – April 17-20, 2016, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 2. Accept travel report – Councilman David Jordan – Democratic National Convention – Philadelphia, PA – July 24-29, 2016 (3:52:55) Motion by Jennifer Webster to accept the travel report – Councilman David Jordan – Democratic National Convention – Philadelphia, PA – July 24-29, 2016, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: David Jordan Not Present: Tina Danforth, Trish King, Lisa Summers B. TRAVEL REQUESTS 1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting (3:43:18) Sponsor: Lisa Summers, Tribal Secretary a. Approved travel request – Councilman Brandon Stevens – White House Tribal Nations conference – Washington D.C. – September 25-27, 2016 Requestor: Brandon Stevens, Councilman Motion by Tehassi Hill to enter the E-Poll results into the record for approved travel request – Councilman Brandon Stevens – White House Tribal Nations conference – Washington D.C. – September 25-27, 2016, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Abstained: Brandon Stevens Not Present: Tina Danforth, Trish King, Lisa Summers Motion by David Jordan to recess at 12:01 p.m. until 1:30 p.m., seconded by Fawn Billie. Motion carried unanimously: (2:56:07) Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Trish King, Lisa Summers Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m. Chairwoman Tina Danforth, Treasurer Trish King, and Secretary Lisa Summers not present. Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 9 of 16 Open Packet Page 47 of 331 Clean Version XII. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. OPERATIONAL REPORTS 1. Accept Development Division FY ’16 4th quarter report (2:56:42) (1:30 p.m.-1:50 p.m.) Sponsors: Troy Parr, Division Director/Development; Jacque Boyle, Interim Assistant Division Director/Operations; Scott Cottrell, Utilities Manager Motion by Jennifer Webster to accept the Development Division FY ’16 4th quarter report, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 2. Accept Environmental Health & Safety Division FY ’16 4th quarter report (3:02:55) (1:50 p.m.-2:10 p.m.) Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety Motion by David Jordan to accept the Environmental Health & Safety Division FY ’16 4th quarter report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 3. Accept Division of Land Management FY ’16 4th quarter report (3:08:19) (2:10 p.m.-2:30 p.m.) Sponsor: Patrick Pelky, Division Director/Land Management Motion by Jennifer Webster to accept the Division of Land Management FY ’16 4th quarter report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers B. BOARDS, COMMITTEES, AND COMMISSIONS Councilman Tehassi Hill departs at 1:44 p.m. Councilman Tehassi Hill returns at 1:47 p.m. Councilwoman Fawn Billie departs at 1:55 p.m. 1. Accept Anna John Residential Centered Care Community Board FY ’16 4th quarter report (2:30 p.m.-2:45 p.m.) (3:17:50) Chair: Candace House Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by David Jordan to accept the Anna John Residential Centered Care Community Board FY ’16 4th quarter report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Fawn Billie, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 10 of 16 Open Packet Page 48 of 331 Clean Version Councilwoman Fawn Billie returns at 1:57 p.m. 2. Defer Oneida Nation Arts Board FY ’16 4th quarter report to the October 26, 2016, regular Business Committee meeting (3:13:44) Chair-Elect: Dawn Walschinski Liaison: Jennifer Webster, Councilwoman Motion by Jennifer Webster to defer the Oneida Nation Arts Board FY ’16 4th quarter report to the October 26, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King, Lisa Summers XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card) A. Schedule the 2nd reconvened special General Tribal Council meeting (3:54:09) Sponsor: Lisa Summers, Tribal Secretary Motion by David Jordan to approve scheduling the 2nd reconvened special General Tribal Council meeting on Monday, November 14, 2016, at 6:00 p.m., seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers B. Approve reprint and mailing of meeting materials for the 2nd reconvened special General Tribal Council meeting (3:56:23) Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to approve the reprint and mailing of meeting materials for the 2nd reconvened special General Tribal Council meeting scheduled on Monday, November 14, 2016, at 6:00 p.m., seconded by Jennifer Webster. Motion carried with one opposed: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Opposed: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers XIV. EXECUTIVE SESSION A. REPORTS 1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (4:03:18) Motion by Tehassi Hill to accept the Chief Counsel report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 11 of 16 Open Packet Page 49 of 331 Clean Version B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) C. UNFINISHED BUSINESS 1. Review report regarding request from Tribal Member’s concern over depletion of Bureau of Indian Affairs – General Assistant Grant funds (Not submitted) (4:03:35) Sponsors: Chris Johns, Coordinator/Self-Governance; Liz Somers, Division Director/Governmental Services EXCERPT FROM AUGUST 24 & 29, 2016: (1) Motion by Jennifer Webster to accept the request as information; and to request the Governmental Services Division and Self-Governance Director to provide a report, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main motion by Lisa Summers to defer this item to a Business Committee Officer’s for continued monitoring and follow-up; and to request the initial report be brought back within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by David Jordan to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers D. NEW BUSINESS 1. Accept update regarding white corn crop damage as information (4:04:13) (This item is scheduled to begin at 9:00 a.m.) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to accept the report; for follow-up information to be provided in the tribal newspaper; and for the employee part of the complaint to be referred to the Internal Services Division Director for follow-up, seconded by Brandon Stevens. Motion carried with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers 2. Review concern regarding safety and lockdown procedures at Skenandoah building and determine next steps (4:07:11) (This item is scheduled to begin at 9:30 a.m.) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to accept this item as information; and to request a notification to the Business Committee when the Emergency Management procedures are complete, seconded by Tehassi Hill. Motion carried with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 12 of 16 Open Packet Page 50 of 331 Clean Version 3. Accept update regarding Department of Public Works HVAC contracts as information (4:07:56) (This item is scheduled to begin at 10:00 a.m.) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by David Jordan to defer this item to the Legislative Operating Committee, Law Office, and Purchasing Department to develop policies and solutions; and for an update to be brought back within sixty (60) days, seconded by Jennifer Webster. Motion carried with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers 4. Review close-out report regarding 340-B certification and determine next steps (4:08:30) (This item is scheduled to begin at 10:30 a.m.) Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Division Director/Medical Operations Motion by Fawn Billie to accept the close-out report; to include the sales comparison; and request the report to be released from executive session by placing it into open session for the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 5. Approve limited waiver of sovereign immunity – Fredericks Peebles & Morgan LLP – contract # 2016-1076 (4:10:24) (This item is scheduled to begin at 11:00 a.m.) Chair: Debra Danforth; Oneida Nation School Board Liaison: Fawn Billie, Councilwoman Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Fredericks Peebles & Morgan LLP – contract # 2016-1076, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 6. Review submission regarding complaint # 2016-DR07-01 (4:18:45) (This item is scheduled to begin at 11:30 a.m.) Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to accept the verbal update; and to request an update be brought back in two (2) weeks, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens, Lisa Summers 7. Review proposed Economic Development Structure and determine next steps (4:11:09) (This item is scheduled to begin at 1:30 p.m.) Sponsor: Troy Parr, Division Director/Development Motion by Brandon Stevens to accept the proposed concept regarding the Economic Development Structure, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 13 of 16 Open Packet Page 51 of 331 Clean Version 8. Approve limited waiver of sovereign immunity – Wisconsin Division of Transportation – Sealed Bid for Purchase of Excess Highway Property – contract # 2016-1123 (4:12:26) (This item is scheduled to begin at 2:30 p.m.) Sponsor: Patrick Pelky, Division Director/Land Management Motion by Tehassi Hill to approve the limited waiver of sovereign immunity – Wisconsin Division of Transportation – Sealed Bid for Purchase of Excess Highway Property – contract # 2016-1123, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 9. Review and accept concern # 2016-CC-17 as information (4:12:49) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Brandon Stevens to acknowledge the receipt of information regarding concern # 2016-CC-17, seconded by Jennifer Webster. Motion carried with two abstentions: Ayes: David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie, Tehassi Hill Not Present: Tina Danforth, Trish King, Lisa Summers 10. Review concern # 2016-CC-18 and determine next steps (4:13:28) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to acknowledge receipt of information regarding concern # 2016-CC-18, seconded by David Jordan. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Abstained: Brandon Stevens Not Present: Tina Danforth, Trish King, Lisa Summers 11. Review item regarding Ancillary Facilities and determine next steps (4:13:47) Sponsor: Tina Danforth, Tribal Chairwoman Motion by David Jordan to direct the Law Office to develop the correspondence; and to submit the correspondence for an E-Poll approval by the Business Committee by Wednesday, October 19, 2016, seconded by Fawn Billie. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 12. Discuss Self-Governance Coordinator succession planning and determine next steps (4:14:55) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Fawn Billie to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 14 of 16 Open Packet Page 52 of 331 Clean Version 13. Review update regarding Tribal Ombudsman (4:14:17) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Tehassi Hill to accept the verbal update; and to direct the Business Committee Officers to bring back a location recommendation to the Business Committee within sixty (60) days, seconded by Fawn Billie. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 14. Approve request for title change of Medical Director to Comprehensive Health Division Director-Medical (4:16:10) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee in order to allow for additional information to be followed up on, seconded by Tehassi Hill. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 15. Discuss performance expectations for new Direct Reports (4:16:35) Sponsor: Trish King, Tribal Treasurer Motion by David Jordan to approve the request and defer this item to the October 17, 2016, Business Committee work meeting, seconded by Fawn Billie. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers 16. Review complaint # 2016-DR06-05 and determine next steps (4:16:58) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by David Jordan to accept the draft memorandum; and to direct the memorandum be forwarded to the appropriate parties, seconded by Brandon Stevens. Motion carried with one with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers 17. Approve limited waiver of sovereign immunity – PoliticalCalling.com – contract # 20161128 (4:17:47) Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – PoliticalCalling.com – contract # 2016-1128, seconded by Tehassi Hill. Motion carried with one with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, Trish King, Lisa Summers Motion by Fawn Billie to go into executive session at 2:54 p.m., seconded by Tehassi Hill. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes of October 12, 2016 Page 15 of 16 Open Packet Page 53 of 331 Clean Version Councilman Brandon Stevens departs at 3:40 p.m. Motion by Tehassi Hill to come out of executive session at 3:42 p.m., seconded by Fawn Billie. Motion carried with one unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens, Lisa Summers 18. Review two (2) requests regarding release of confidential employee information (4:20:28) Sponsor: Tehassi Hill, Councilman Motion by Tehassi Hill to request the Finance Department to identify cost and funds to potentially provide identity theft insurance to the thirty-eight (38) employees; and to direct that report to come back in two [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%3A559e04986f77cf7f. Public record. Not legal advice.