# Phone: (920)869-2214 (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6d8cbab18559b3c5 ## 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 March 22, 2017 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 1 pages are the Open Session meeting materials presented at a meeting duly called, notiFed and held on the 22nd day of March, 2017. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Open Packet Page 1 of 104 Oneida Business Committee Executive Session 8:30 a.m. Tuesday, March 21, 2017 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, March 22, 2017 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 III. ADOPT THE AGENDA pp. 1-6 IV. OATHS OF OFFICE A. Oneida Police Department – Daniel Jourdan pp. 7-8 B. Oneida Airport Hotel Corporation – Elizabeth Somers pp. 9-10 C. Land Claims Commission – Loretta Metoxen pp. 11-12 D. Oneida Nation Arts Board – Desirae Hill pp. 13-14 V. MINUTES A. Approve March 8, 2017, regular meeting minutes Sponsor: pp. 15-25 Lisa Summers, Tribal Secretary VI. RESOLUTIONS A. Adopt resolution entitled EDA FY 2017 Economic Development Assistance Program Sponsor: Joanie Buckley, Division Director/Internal Services Oneida Business Committee Regular Meeting Agenda of March 22, 2017 Page 1 of 6 pp. 26-30 Open Packet Page 2 of 104 B. Adopt resolution entitled Identifying Official Oneida Media Outlets Sponsor: pp. 31-34 Lisa Summers, Tribal Secretary C. Adopt resolution entitled Repeal of Resolution BC-12-23-09-A, Oneida Housing Authority Admissions and Occupancy Policy Sponsor: Dale Wheelock, Executive Director/Oneida Housing Authority pp. 35-41 VII. STANDING COMMITTEES A. Legislative Operating Committee Chair: Brandon Stevens, Councilman 1. Accept March 1, 2017, Legislative Operating Committee meeting minutes pp. 42-44 B. Finance Committee Chair: Trish King, Tribal Treasurer 1. Approve March 13, 2017, Finance Committee meeting minutes pp. 45-51 C. Quality of Life Committee Chair: Fawn Billie, Councilwoman 1. Accept January 12, 2017, Quality of Life meeting minutes pp. 52-54 VIII. APPOINTMENTS A. Approve recommendation to appoint Arthur Cornelius to the Oneida Nation Veterans Affairs Committee Sponsor: Tina Danforth, Tribal Chairwoman pp. 55-56 B. Approve recommendation to appoint Marlene Garvey to the Environmental Resources Board Sponsor: pp. 57-58 Tina Danforth, Tribal Chairwoman IX. STANDING ITEMS A. Defer Constitutional Amendments Implementation Team close-out report to April 12, 2017, regular Business Committee meeting Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM JANUARY 25, 2017: Motion by Lisa Summers to accept the Constitutional Amendments Team report; and to request the team to provide close-out report at the March 22, 2017, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of March 22, 2017 Page 2 of 6 pp. 59-60 Open Packet Page 3 of 104 X. UNFINISHED BUSINESS A. Forward topic of Economic Development and Diversification Set Aside to Community Development Planning Committee agenda; and accept memo as information Sponsor: Trish King, Tribal Treasurer pp. 61-63 EXCERPT FROM JANUARY 11, 2017: Motion by Fawn Billie to direct the Treasurer to develop the SOPs for the Economic Development and Diversification Set Aside for the March 22, 2017, regular Business Committee, seconded by Jennifer Webster. Motion carried unanimously. XI. NEW BUSINESS (Please Note: Scheduled times are approximate and subject to change) A. Approve concept paper regarding CIP # 13-011 – Oneida Nation High School pp. 64-70 (This item is scheduled to begin at 11:00 a.m.) Sponsor: Troy Parr, Assistant Division Director/Development-Development B. Review community concern # 2017-CC-04 regarding Norbert Hill pond Sponsor: pp. 71-72 Tina Danforth, Tribal Chairwoman XII. TRAVEL A. E-POLLS 1. Enter E-Polls into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Approved travel request – Secretary Lisa Summers – PL280 Subcommittee, Tribal Caucus, and Intertribal Criminal Justice Council meeting – Hayward, WI – March 22-24, 2017 Requestor: Lisa Summers, Tribal Secretary b. Approved travel request – Councilwoman Fawn Billie – Association of Community Tribal Schools, Inc. meeting – Washington D.C. – April 2-5, 2017 Requestor: Fawn Billie, Councilwoman Oneida Business Committee Regular Meeting Agenda of March 22, 2017 Page 3 of 6 pp. 73-80 pp. 81-93 Open Packet Page 4 of 104 XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE) A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Jennifer Webster to accept the progress report regarding the legal analysis, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to accept the progress report regarding the financial analysis, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified petition from Sherrole Benton regarding a request to change pre-employment drug testing for marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; and 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 Fawn Billie. Motion carried unanimously. 1. Accept legislative analysis Sponsor: 2. Accept legal analysis Sponsor: pp. 94-96 Brandon Stevens, Councilman/Legislative Operating Committee Chair p. 97 Jo Anne House, Chief Counsel 3. Accept financial analysis (Not Submitted) Sponsor: Larry Barton, Chief Financial Officer B. Review request regarding status of Health Care Board petition Sponsor: pp. 98-104 Tina Danforth, Tribal Chairwoman XIV. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change) A. REPORTS 1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager pp. 105-205 (This item is scheduled to begin at 8:30 a.m.) 2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director pp. 206-229 (This item is scheduled to begin at 11:15 a.m.) a. Approve Greater Green Bay Convention & Visitors Bureau Agreement – contract # 2017-0182 3. Accept Chief Counsel report – Jo Anne House, Chief Counsel pp. 230-236 p. 237 B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association Sponsor: Trish King, Tribal Treasurer (This item is scheduled to begin at 10:30 a.m.) Oneida Business Committee Regular Meeting Agenda of March 22, 2017 Page 4 of 6 pp. 238-252 Open Packet Page 5 of 104 C. UNFINISHED BUSINESS 1. Approve three (3) actions regarding additional duties compensation of Division of Land Management Director Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman pp. 253-261 EXCERPT FROM SEPTEMBER 28, 2016: Motion by Tehassi Hill to approve a procedural exception to the Standard Operating Procedure to extend additional duties pay for an additional six (6) months, seconded by David Jordan. Motion carried with one abstention. EXCEPT FROM JUNE 22, 2016: (1) Motion by Motion by Jennifer Webster to approve the continuation of additional duties compensation for Division Director of Land Management until September 30, 2016, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Motion by Jennifer Webster to defer the discussion of this position to the Business Committee work meeting for July 19, 2016, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: Motion by Lisa Summers to approve the continuation of additional duties compensation for Division Director of Land Management until June 31, 2016, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: (1) Motion by Lisa Summers to extend the recommended additional duties compensation up to three (3) months, seconded by David Jordan. Motion carried unanimously. 2. Approve recommendations regarding complaint # 2017-DR06-04 p. 262 Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman; David Jordan, Councilman EXCERPT FROM MARCH 8, 2017: Motion by Tehassi Hill to accept complaint # 2017-DR0604 as having merit; and to assign Councilwoman Jennifer Webster, Councilman David Jordan, and Secretary Lisa Summers, seconded by Jennifer Webster. Motion carried unanimously. D. NEW BUSINESS 1. Review request regarding Oneida Language House pp. 263-268 (This item is scheduled to begin at 9:30 a.m.) Sponsor: Fawn Billie, Councilwoman 2. Review update regarding Tsyunhehkwa (This item is scheduled to begin at 1:30 p.m.) pp. 269-272 Sponsor: Joanie Buckley, Division Director/Internal Services 3. Comprehensive Health Division contract items: (These items are scheduled to begin at 2:30 p.m.) a. Approve Anthem Blue Cross & Blue Shield-Dentist – contract # 2016-0891 Sponsor: pp. 273-306 Debra Danforth, Division Director/Comprehensive Health Operations b. Approve limited waiver of sovereign immunity – Guardian Life Insurance Company of America-DentalGuard – contract # 2016-1193 Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations pp. 307-322 c. Approve limited waiver of sovereign immunity – Humana Inc.-Physician Participation Agreement – contract # 2016-0185 Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations pp. 323-408 d. Approve limited waiver of sovereign immunity – Independent Care Health PlaniCare Provider Service Agreement – contract # 2016-0357 Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations Oneida Business Committee Regular Meeting Agenda of March 22, 2017 Page 5 of 6 pp. 409-451 Open Packet Page 6 of 104 e. Approve limited waiver of sovereign immunity – Network Health Plan-HMO POS Professional Services Agreement – contract # 2015-1276 Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations 4. Approve requested action regarding Funding Opportunity Number FY-6100-N-23 Sponsor: pp. 452-481 pp. 482-490 Melinda J. Danforth, Tribal Vice-Chairwoman 5. Adopt resolution entitled Resolution to Adopt the Second Amendment to the Business Committee 401(k) Savings Plan Sponsor: Larry Barton, Chief Financial Officer pp. 491-496 6. Adopt resolution entitled Resolution to Adopt the Second Amendment to the Public Safety Officer Pension Plan Sponsor: Larry Barton, Chief Financial Officer 7. Adopt resolution entitled Regarding Pardon of Efren Rivera Sponsor: pp. 539-546 Lisa Summers, Tribal Secretary 11. Review complaint # 2017-DR08-01 Sponsor: pp. 533-538 Melinda J. Danforth, Tribal Vice-Chairwoman 10. Review complaint # 2017-DR06-07 Sponsor: pp. 512-532 Lisa Summers, Tribal Secretary 9. Review complaint # 2017-DR06-06 Sponsor: pp. 509-511 Lisa Summers, Tribal Secretary 8. Review complaint # 2017-DR06-05 Sponsor: pp. 497-508 pp. 547-555 Melinda J. Danforth, Tribal Vice-Chairwoman XV. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., Friday, March 17, 2017, 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 March 22, 2017 Page 6 of 6 Open Packet Page 7 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 I 22 I 20 2. General Information: Session: [8] Open D Executive- See instructions for the applicable laws, then choose one: AgendaHeader: Ljo_a_th_s_o_f_O_ff_ic_e____________________________________________________~ D Accept as Information only [8] Action - please describe: Change Daniel Jordan Oath of Office for OPD from 3-8-17 to 3-22-17 3. Supporting Materials D Report D Other: D Resolution D Contract 1. 3. 2. 4. D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor/ Liaison: ~IL_is_a_S_u_m_m_e_r~s,_T_ri_b_ai_S_e_cr_e_ta_r~y--------------------------------~ Primary Requestor/Submitter: Eric Boulanger, Assistant Chief of Police, Onieda Police Department Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Open Packet Page 8 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Scheduling conflict. Requesting Change from 3-8-17 agenda to 3-22-17 The Jordan family has been contacted and are ok with the change. 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 9 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 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 Elizabeth Somers to the Oneida Airport Hotel Corporation. 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 10 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the January 5, 2017 issue of the Kalihwisaks for (1) of vacancy on the Oneida Airport Hotel Corporation for a (5) year term with the deadline of February 3, 2107. There were (3) applicants for the (1) vacancy on the Oneida Airport Hotel Corporation. The appointment was made on the March 8, 2017 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 11 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 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 Loretta Metoxen to the Oneida Land Claims Commission. 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 12 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the October 6, 2016 issue of the Kalihwisaks for (1) of vacancy on the Oneida Land Claims Commission to a 4 year term with the deadline of November 4, 2016. There was (1) applicant for the (1) vacancy on the Oneida Land Claims Commission. The appointment was made on the February 8, 2017 BC Agenda. She was scheduled to take her oath at the February 22, 2017 BC meeting but was unable to attend. Loretta was scheduled to take her oath during the March 8, 2017, Business Committee meeting, but was not present. 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 13 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 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 Desirae Hill to the Oneida Arts Board. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: 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 14 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the January 5, 2017 issue of the Kalihwisaks for (1) of vacancy on the Oneida Arts Board for a (3) year term with the deadline of February 3, 2107. There were (2) applicants for the (1) vacancy on the Oneida Arts Board. The appointment was made on the March 8, 2017 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 15 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 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 March 8, 2017, regular meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. March 8, 2017, regular meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. 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 16 of 104 DRAFT Oneida Business Committee Executive Session 8:30 a.m. Tuesday, March 7, 2017 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, March 8, 2017 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie, Tehassi Hill, Brandon Stevens; Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Councilman David Jordan, Councilwoman Jennifer Webster; Arrived at: ; Others present: Jo Anne House, Larry Barton, Lisa Liggins (note taker), Mike Debraska, Tracey Hill, Jorge Franco, Nathan King; REGULAR MEETING Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster; Not Present: Secretary Lisa Summers, Councilman Brandon Stevens; Arrived at: Chairwoman Tina Danforth at arrives at 8:51 a.m.; Others present: Jo Anne House, Bill Graham, Brad Graham, Heather Heuer, Kathy Metoxen, Nancy Barton, Don Miller, Jessica Wallenfang, Lloyd Ninham (via Polycom), Jen Falck, Cathy Bachhuber, Chris Johnson, Tammy Skenandore, Cathy Metoxen, Larry Barton, RaLinda Ninham-Lamberies, Tim Ninham, Marsha Danforth, Geraldine Danforth, Tina Jorgensen; I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:30 a.m. For the record: Secretary Lisa Summers is out of the office due to illness. Councilman David Jordan is out of the office on vacation time. II. OPENING by Councilman Tehassi Hill Thoughts, prayers, and condolences expressed to the family of Jeff Metoxen. III. ADOPT THE AGENDA (00:04:18) Motion by Jennifer Webster to adopt the agenda with the following changes: [Add on Executive Session – Unfinished Business item XII.C.03. Approve limited waiver of sovereign immunity – WEX Bank – contract # 2017-0018; and Add-on Executive Session – New Business item XII.D.07. Review complaint # 2017DR06-04], seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 1 of 10 Open Packet Page 17 of 104 DRAFT IV. OATHS OF OFFICE (00:09:14) administered by Councilman Brandon Stevens A. Oneida Police Department – Daniel Jourdan (Not Present) B. Oneida Land Claims Commission – Loretta Metoxen (Not Present) C. Southeastern Oneida Tribal Services Advisory Board – Lloyd Ninham (via Polycom) V. MINUTES A. Approve February 22, 2017, regular meeting minutes (00:06:47) Sponsor: Lisa Summers, Tribal Secretary Motion by Fawn Billie to approve the February 22, 2017, regular meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David Jordan, Lisa Summers B. Approve February 24, 2017, special meeting minutes (00:07:32) Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to approve the February 24, 2017, special meeting minutes, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David Jordan, Lisa Summers VI. RESOLUTIONS A. Adopt resolution entitled Title VI, Parts A&C Grant Program Application (00:07:55) Sponsor: Elizabeth Somers, Director/Governmental Services Division Motion by Fawn Billie to adopt resolution # 03-08-17-A Title VI, Parts A&C Grant Program Application, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David Jordan, Lisa Summers B. Adopt resolution entitled Resolution to Approve One-Time Funding Request to the Tribal Justice Support Directorate, Bureau of Indian Affairs (00:12:09) Sponsor: Trish King, Tribal Treasurer Motion by Tehassi Hill to adopt resolution # 03-08-17-B Resolution to Approve One-Time Funding Request to the Tribal Justice Support Directorate, Bureau of Indian Affairs, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David Jordan, Lisa Summers C. Adopt resolution entitled Oneida Nation Seal and Flag Rules Extension (00:13:21) Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adopt resolution # 03-08-17-C Oneida Nation Seal and Flag Rules Extension, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 2 of 10 Open Packet Page 18 of 104 DRAFT D. Adopt resolution entitled Oneida Wellness Council - Exercise at Work Strategy (00:14:54) Sponsor: Fawn Billie, Councilwoman Motion by Jennifer Webster to adopt resolution # 03-08-17-D Oneida Wellness Council - Exercise at Work Strategy, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David Jordan, Lisa Summers VII. STANDING COMMITTEES A. Legislative Operating Committee Chair: Brandon Stevens, Councilman 1. Accept February 15, 2017, Legislative Operating Committee meeting minutes (00:20:56) Motion by Brandon Stevens to accept the February 15, 2017, Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, David Jordan, Lisa Summers Chairwoman Tina Danforth arrives at 8:51 a.m. and assumes responsibility of the Chair. Vice-Chairwoman Melinda J. Danforth departs at 8:53 a.m. 2. Approve Oneida Code of Laws reorganization (00:21:28) Motion by Brandon Stevens to approve the Oneida Code of Law reorganization; and to approve a thirty (30) day deadline to update forms, brochures, citations, etc. to reflect the updated Oneida Nation Code of Laws, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers B. Finance Committee Chair: Trish King, Tribal Treasurer Councilman Tehassi Hill departs at 8:59 a.m. Councilman Tehassi Hill returns at 9:05 a.m. 1. Approve February 27, 2017, Finance Committee meeting minutes (00:24:24) Motion by Jennifer Webster to approve the February 27, 2017, Finance Committee meeting minutes, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 3 of 10 Open Packet Page 19 of 104 DRAFT VIII. APPOINTMENTS A. Approve recommendation to appoint Elizabeth Somers to the Oneida Airport Hotel Corporation Board (00:41:06) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to appoint Elizabeth Somers to the Oneida Airport Hotel Corporation Board, seconded by Fawn Billie. Motion carried with Chairwoman Tina Danforth voting in support breaking the tie: Ayes: Fawn Billie, Jennifer Webster Opposed: Tehassi Hill, Brandon Stevens Abstained: Trish King Support tie breaker: Tina Danforth Not Present: Melinda J. Danforth, David Jordan, Lisa Summers B. Approve recommendation to appoint Desirae Hill to the Oneida Nation Arts Board Sponsor: Tina Danforth, Tribal Chairwoman (00:47:42) Motion by Fawn Billie to appoint Desirae Hill to the Oneida Nation Arts Board, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers IX. NEW BUSINESS A. Post one (1) vacancy on the Oneida Police Commission with a term expiration of 4/23/19 Sponsor: Lisa Summers, Tribal Secretary (00:48:08) Motion by Fawn Billie to post one (1) vacancy on the Oneida Police Commission with a term expiration of April 23, 2019, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Treasurer Trish King departs at 9:21 a.m. B. Accept letter and flyer as information from Kevin Gover, Director of National Museum of the American Indian (NMAI), regarding National Native American Veterans Memorial Consultation – Radisson Hotel & Conference Center – Oneida, WI – March 10, 2017 Sponsor: Tina Danforth, Tribal Chairwoman (00:48:39) Motion by Jennifer Webster to accept the letter for Chairwoman Tina Danforth’s signature, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 4 of 10 Open Packet Page 20 of 104 DRAFT X. TRAVEL Treasurer Trish King returns at 9:23 a.m. A. Accept travel report – Chairwoman Tina Danforth – 45th Presidential Inauguration – Washington D.C. – January 19-23, 2017 (00:51:55) Motion by Jennifer Webster to accept the travel report – Chairwoman Tina Danforth – 45th Presidential Inauguration – Washington D.C. – January 19-23, 2017, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 1. Approve reimbursement for taxi/cab service – Chairwoman Tina Danforth – 45th Presidential Inauguration – Washington D.C. – January 19-23, 2017 (1:01:33) Motion by Trish King to approve the reimbursement for taxi/cab service – Chairwoman Tina Danforth – 45th Presidential Inauguration – Washington D.C. – January 19-23, 2017, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers B. Accept travel report – Chairwoman Tina Danforth – National Congress of American Indians (NCAI) 2017 Executive Council Winter Session – February 12-17, 2017 (1:02:31) Motion by Jennifer Webster to accept the travel report – Chairwoman Tina Danforth – National Congress of American Indians (NCAI) 2017 Executive Council Winter Session – February 12-17, 2017, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers C. Accept travel report – Secretary Lisa Summers – Tribal Caucus and Inter-Tribal Criminal Justice Council meetings – Baraboo, WI – January 17-19, 2017 (1:12:44) Motion by Fawn Billie to accept the travel report – Secretary Lisa Summers – Tribal Caucus and InterTribal Criminal Justice Council meetings – Baraboo, WI – January 17-19, 2017, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 5 of 10 Open Packet Page 21 of 104 DRAFT XI. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE) A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified petition from Sherrole Benton regarding a request to change pre-employment drug testing for marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; and 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 Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. 1. Accept progress report regarding legislative analysis (1:15:50) Sponsor: Brandon Stevens, Councilman/Legislative Operating Committee Chair Motion by Brandon Stevens to accept the progress report regarding the legislative analysis, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 2. Accept progress report regarding legal analysis (1:20:12) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the progress report regarding the legal analysis, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 3. Accept progress report regarding financial analysis (1:20:39) Sponsor: Larry Barton, Chief Financial Officer Motion by Jennifer Webster to accept the progress report regarding the financial analysis, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers B. Approve memo from Human Resources Department to GTC regarding vacant Ombudsman position; and forward to next available GTC meeting (1:20:58) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to approve the memo from the Human Resources Department to GTC regarding vacant Ombudsman position; and forward to next available GTC meeting, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 6 of 10 Open Packet Page 22 of 104 DRAFT XII. EXECUTIVE SESSION A. REPORTS 1. Accept Chief Counsel report - Jo Anne House, Chief Counsel (1:24:48) Motion by Tehassi Hill to accept the Chief Counsel report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Brandon Stevens to approve the amendment to the proposed Employment Law to include the recommendation listed in the March 3, 2017, memo, “Rulemaking in the Employment Law”, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Fawn Billie to approve the Family Court Judge contract amendment #1 – Marcus Zelenski – contract # 2016-1106, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Trish King to approve the Special Counsel agreement amendment # 8 for an additional three (3) years – Attorney Arlinda Locklear – contract # 2017-0193, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) C. UNFINISHED BUSINESS 1. Approve recommendation for complaint # 2016-DR06-06 (1:36:06) Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; Brandon Stevens, Councilman; Fawn Billie, Councilwoman Motion by Fawn Billie to accept the written report for complaint # 2016-DR06-06, noting the complaint is closed, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Tehassi Hill to approve the recommendation for complaint # 2016-DR06-06, in the written report dated March 1, 2017, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Tehassi Hill to assign the Business Committee Officers to complete the actions within the recommendation, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 7 of 10 Open Packet Page 23 of 104 DRAFT Motion by Tehassi Hill to assign the Tribal Secretary to provide a written notice of the closed complaint to the complainant, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 2. Approve recommendation for complaint # 2016-DR06-09 (1:40:10) Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; Brandon Stevens, Councilman; Fawn Billie, Councilwoman Motion by Fawn Billie to accept the written report for complaint # 2016-DR06-09, noting the complaint is closed, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Fawn Billie to approve the recommendation for complaint # 2016-DR06-09, in the written report dated March 1, 2017, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Fawn Billie to assign the Business Committee Officers to complete the actions within the recommendation, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Fawn Billie to assign the Tribal Secretary to provide a written notice of the closed complaint to the complainant, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 3. Approve limited waiver of sovereign immunity – WEX Bank – contract # 2017-0018 Sponsor: Jo Anne House, Chief Counsel (Add-on item) (1:43:06) Motion by Jennifer Webster to go into executive session at 10:15 a.m., seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Tehassi Hill to come out of executive session at 10:30 a.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Tehassi Hill to approve the limited waiver of sovereign immunity – WEX Bank – contract # 2017-0018, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers D. NEW BUSINESS 1. Approve forty-eight (48) new enrollments (1:45:25) Sponsor: Brandon Stevens, Councilman Motion by Tehassi Hill to approve the forty-eight (48) new enrollments, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 8 of 10 Open Packet Page 24 of 104 DRAFT Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Jennifer Webster to defer #48 back to the Trust/Enrollment Committee for clarification; and to bring back to the March 22, 2017, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 2. Approve Minor Trust Fund request (1:46:31) Sponsor: Brandon Stevens, Councilman Motion by Tehassi Hill to direct the Law Office to provide a legal opinion regarding the Minor Trust Fund request as it relates to the 48th enrollment, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 3. Review, discuss, and make recommendations regarding presentation from Jorge Franco, Chairman, President, & CEO of the Hispanic Chamber of Commerce of Wisconsin (HCCW) (1:47:27) Sponsor: Tina Danforth, Tribal Chairwoman Motion by Tehassi Hill to direct Intergovernmental Affairs & Communications to draft a letter of support requested by the Hispanic Chamber of Commerce of Wisconsin, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 4. Approve three (3) actions regarding succession planning and re-organization (1:48:40) Sponsor: Lisa Summers, Tribal Secretary Motion by Trish King to approve the succession planning proposal and re-organization concept, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Tehassi Hill to direct Secretary Lisa Summers and the Intergovernmental Affairs & Communications Director to complete all required Human Resources processes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Tehassi Hill to direct the Intergovernmental Affairs & Communications Director to provide updates on the process via the monthly reporting schedule, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 9 of 10 Open Packet Page 25 of 104 DRAFT 5. Adopt resolution entitled Regarding Pardon of Marlon Skenandore (1:50:48) Sponsor: Lisa Summers, Tribal Secretary Motion by Brandon Stevens to adopt resolution # 03-08-17-E Regarding Pardon of Marlon Skenandore, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 6. Review complaint # 2017-DR06-03 (1:51:25) Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to accept complaint # 2017-DR06-03 as having merit; and to assign Councilwoman Jennifer Webster, Councilman David Jordan, and Secretary Lisa Summers, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 7. Review complaint # 2017-DR06-04 (Add-on item) (1:52:10) Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to accept complaint # 2017-DR06-04 as having merit; and to assign Councilwoman Jennifer Webster, Councilman David Jordan, and Secretary Lisa Summers, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers XIII. ADJOURN Motion by Fawn Billie to adjourn at 10:40 a.m., seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented on _____________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes DRAFT of March 8, 2017 Page 10 of 10 Open Packet Page 26 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 3 I 22 I 17 2. General Information: Session: [gJ Open D Executive- See instructions for the applicable laws, then choose one: AgendaHeader: LjR_e_so_l_u_ti_o_n_s________________________________________________________~ D Accept as Information only lg] Action -please describe: Accept and approve the EDA FY 2017 Economic Development Assistance Program resolution. 3. Supporting Materials D Report lg] Resolution D Contract lg] Other: l.,EDA Proposal 3. 2.lcover letter from lSD Director 4. lg] Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: Joanie Buckley, Division Director/Internal Services Primary Requestor/Submitter: Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 X "N~u/c-- Open Packet Page 27 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The grant proposal is for technical assistance for a comprehensive, combined, "Market and Feasibility Analysis" for a proposed 10,000 sq. ft. Community Entrepreneurial Food Center that will include the two-pronged approach of two feasibility studies: 1) Market Economic Business Analysis, and 2) Analysis of Physical Environment. Both studies will provide a complete analysis that will identify the market potential and demand, the right size and elements, and the investment costs, and business viability for the locale. The comprehensive "Market and Feasibility Analyses" will include the market potential based on the demographics of the region, case studies of other entrepreneurial kitchens, start up and annual operating expenses; conceptual design to determine physical elements and costs, and the FF&E. All this will provide the components for a development package to determine viability and to serve for the overall hard project costs and a road-map for sustain ability. 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 28 of 104 Oneida Nation Post Office Box 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # __-__-__-_ EDA FY 2017 Economic Development Assistance Program WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, agriculture and the farming of healthy foods is our heritage and a pillar of the Oneida way of life; and WHEREAS, the Oneida Nation having determined that the overall goal of the Nation is to protect, maintain, and improve the standard of living and the environment in which the Oneida people live; and WHEREAS, the Oneida Business Committee has included the development of the Community Food Center as a component in the Oneida Nation’s Agricultural Strategy; and NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee will authorize the Internal Services Division to apply for the FY 2017 Economic Development Assistance Grant EDAP2017, in the amount of $135,000 for technical assistance to develop an “Economic Business Analysis,” to determine the feasibility of creating a business incubator. NOW THEREFORE BE IT RESOLVED, that the feasibility study will be used to support the Oneida Nation’s efforts to assess a community enterprise and business incubator to be used to promote the Nation’s job creation and healthy food systems development initiatives. BE IT FINALLY RESOLVED, that the Oneida Nation will allocate $12,700 in match, $7,700 in-kind and $5,000 cash to support said application. Open Packet Page 29 of 104 I i INTERNAL SERVICES DIVISION ADMINISTRATION ~ ONEIDA TO: FROM: Joanie Buckley -IS RE: I I I I ! DATE: ~eb 28, 2017 i I I This is an update on our status with the Economic Development Agency Feasibility Study grant application: EDA FY2016 Economic Development Assistance Program. We have had several dialogues and a couple of in-person meetings with the Agency representative, Mr. Lee Shirey, for a technical assistance grant that can help to support a feasibility study for a Community Food Center for Central Oneida. The visuals have helped to show that we are indeed interested in exploring this facility for our community, to expand our cannery production facility, and to encourage entrepreneurs working in food production. Today, and after several re-writes, we have finally developed a grant application for a feasibility study. This "Economic Business Analysis" encompasses two studies: a) a market study to determine the viability and needs, b) a physical space design to determine the potential size and cost of the project. The grant requires a Resolution that must include the cost matching allocation. The grant request is for EDA funds of $135,000, with Oneida match of $12,700. This feasibility study, if it deems viable for a Community Food Center, would support our Nation's Agricultural Strategy, by ({increasing local ecol)omies" with entrepreneurs. Open Packet Page 30 of 104 I I I ·~ OOOfJOD; ONEIDA t ~ Economic Development Agency Grant Summary 2016 (_ 0 ''d ,let-) 1'te. . Entrepreneurs play a vital role in economic development as key contributors to new job growth. Further, entrepreneurs help to build communities by providing jobs, conducting business locally providing economic stimulus for the community, creating and participating in entrepreneurial networks, investing in community projects, and giving to local charities. There is a need to aggressively cultivate entrepreneurs as economic engines for development in low-income communities. The current unemployment rate on the Oneida Reservation is over 16%; and the high rate of low income and poverty experienced by Oneida youth in the tribal schools 87% and 30% respectively; exceeds the surrounding communities. We believe that these factors can be mitigated by increasing economic development. We propose creating a Food Center/Entrepreneurial Kitchen as an economic driver and incubator for small business, we believe that it would visibly anchor and engage the community in healthy foods, and would show support the investment of tribal gaming funds to support the tr!bal community. It will also allow the tribe to support development planning and the development of current reservation based entrepreneurial projects such as the White Corn Project. The planned incubator (a 10,000 sq. /ft. building) will consist of a 5,000 sq. /ft. commercial kitchen with four kitchen stations and storage facilities. In addition to educational programs, the kitchen would be open extended hours to support new food manufacturers, caterers, and bakers. Additional the incubator will provide a small retail outlet for those new entrepreneurs requiring an on reservation retail presence, and a storage center to serves as a food hub for local products. The presence of retail producers operating within the facility will provide a source of income for the operation that will support our sustainability efforts. The additional space will be used to develop the training component. The program will use the available workstations to provide training for line cooks, which are much needed in the greater Green Bay region; classrooms; and meeting spaces for adjacent community colleges to utilize for academics; a 3,000 sq./ft. dehydrating/processing/cannery/milling center. Training offerings will also include food handling for both entrepreneurs and cooks to ensure compliance with FDA guidelines. The technical assistance requested for the EDA planning grant is to develop an "Economic Business Analysis" that will include a Market and a Feasibility Analysis, along with a Business and Operating Plan for a proposed Rural Community Entrepreneurial Food Center. It would incorporate an Entrepreneurial Kitchen Incubator, a small commercial food preservation (cannery) for processing, a small cafe as a retail training environment, classrooms, and the ancillary elements related to a Food Center into a one stop entrepreneurial development location. This technical assistance is to validate the cost and the physical elements of the project. II I I Open Packet Page 31 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Adopt resolution entitled Identifying Official Oneida Media Outlets 3. Supporting Materials Report Resolution Contract Other: 1. Statement of Effect 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: Lisa Liggins, Executive Assistant II 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 32 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The Business Committee reviewed the attached resolution, along with other BC SOPs and resolutions, at the February 14, 2017, BC work meeting. This resolution identifies the official Oneida media outlets the purposes of proper legal publication and notification of official Tribal matters to the Oneida Nation community. These official Oneida media outlets are the minimum standard for proper legal publication and notification of official Tribal matters to the Oneida Nation community and does not prohibit the use other outlets. The resolution identifies the Oneida Nation’s website and the Kalihwisaks newspaper as the official media outlets of the Oneida Nation. 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 33 of 104 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Leave this line blank Identifying Official Oneida Media Outlets 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Business Committee has determined that identifying official Oneida media outlets is needed for the purposes of proper legal publication and notification of official Tribal matters to the Oneida Nation community. NOW THEREFORE BE IT RESOLVED, that the Oneida Nation’s website and the Kalihwisaks newspaper shall be official media outlets of the Oneida Nation. Open Packet Page 34 of 104 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Identifying Official Oneida Media Outlets Summary This Resolution identifies official Oneida media outlets for the purpose of proper legal publication and notification of official matters of the Nation to the Oneida Nation community. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Analysis by the Legislative Reference Office This Resolution identifies official Oneida media outlets. The Oneida Business Committee has determined that identifying official Oneida media outlets is needed for the purposes of proper legal publication and notification of official matters of the Nation to the Oneida Nation community. The Oneida Business Committee has determined that the Oneida Nation’s website and the Kalihwisaks newspaper shall be the official media outlets of the Nation. Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Open Packet Page 35 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Repeal Resolution BC-12-23-09-A. 3. Supporting Materials Report Resolution Contract Other: 1. Repealing Resolution 3. Resolution Proposed to be Repealed 2. Statement of Effect 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Dale Wheelock, Director/OHA Primary Requestor: Krystal John, Staff Attorney, Oneida Law Office 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 36 of 104 1 2 3 4 5 WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and 6 7 WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and 8 9 10 WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and 11 12 13 WHEREAS, prior to adoption of the Landlord-Tenant law and the Eviction and Termination law, Oneida Housing Authority (OHA) rentals and evictions were solely governed by OHA’s Admission and Occupancy Policy; and 14 15 16 17 WHEREAS, resolution BC-12-23-09-A entitled Oneida Housing Authority Admissions and Occupancy Policy was adopted December 23, 2009 and placed a minimum requirement on OHA’s Admission and Occupancy Policy wherein social eligibility criteria was minimized; and 18 19 20 WHEREAS, resolution BC-12-23-09-A prohibited OHA from using a failure to pay previous debt owed to a party other than OHA to find an applicant or occupant ineligible for participating in OHA’s rental program; and 21 22 23 WHEREAS, resolution BC-12-23-09-A prohibited OHA from using a previous debt related eviction (i.e. failure to pay rent) from a housing entity other than OHA to find an applicant or occupant ineligible for participating in OHA’s rental program; and 24 25 26 27 28 WHEREAS, when assessing the eligibility criteria for the OHA’s income based rental program, OHA determined that resolution BC-12-23-09-A set both the landlord and the tenant up for failure by prohibiting consideration of unpaid utilities and debts owed to other housing programs within the Nation such as the Division of Land Management and Elder Services’ rentals; and 29 30 31 WHEREAS, OHA has drafted the Landlord-Tenant law’s Rule #2, Income Based Rental Program Eligibility, Selection and Other Requirements, which conflicts with resolution BC-12-23-09-A in articles 2.4-4 and 2.4-5 which read as follows; and 32 33 34 BC Resolution _____________ Repeal of Resolution BC-12-23-09-A, Oneida Housing Authority Admissions and Occupancy Policy 2.4-4. Outstanding Debts. Applicants for a rental agreement may not have a past due balance greater than two hundred dollars ($200) owed to any utility provider and may not have any prior debt owed to the Comprehensive Housing Division. Open Packet Page 37 of 104 Resolution ____________ Page 2 35 36 37 38 2.4-5. Prior Comprehensive Housing Division Eviction. Applicants that have had a rental agreement with the Comprehensive Housing Division subject to an eviction and termination within two (2) years from the date of the application are not eligible to participate in the income-based rental program; and 39 40 41 WHEREAS, article 2.4-4 of the Landlord-Tenant law Rule #2 conflicts with the resolution BC12-23-09-A to the extent that it allows OHA to find an applicant ineligible based on debts owed to utility providers and the Nation in its landlord capacity; and 42 43 44 45 46 47 WHEREAS, article 2.4-5 of the Landlord-Tenant law Rule #2 conflicts with the resolution BC12-23-09-A to the extent that it allows OHA to find an applicant ineligible based on an eviction from the Comprehensive Housing Division, which as defined by the Oneida Business Committee, consists of OHA, the Division of Land Management or Elder Services’ rentals whereas the resolution only allows consideration of OHA evictions; and 48 49 NOW THEREFORE BE IT RESOLVED, that resolution BC-12-23-09-A entitled Oneida Housing Authority Admissions and Occupancy Policy is hereby repealed. 50 51 52 NOW THEREFORE BE IT FURTHER RESOLVED, that the Legislative Operating Committee is hereby directed to amend the Landlord-Tenant law to include the following restrictions on the rules governing the income-based rental program: 53 54 55 56 57 1. The rules may not contain eligibility requirements that consider debt owed or evictions from entities other than the Comprehensive Housing Division; and 2. The rules may contain eligibility requirements that consider debt owed to utility providers, but may not deny eligibility for any past due debt owed to a utility provider with a balance of less than two hundred dollars ($200). 58 59 Open Packet Page 38 of 104 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155‐0365 Oneida‐nsn.gov Statement of Effect Repeal of Resolution BC-12-23-09-A, Oneida Housing Authority Admissions and Occupancy Policy Summary This Resolution repeals resolution BC-12-23-09-A, entitled Oneida Housing Authority Admissions and Occupancy Policy as it conflicts with the Landlord-Tenant law Rule #2, Income Based Rental Program Eligibility, Selection and Other Requirements. Resolution BC-12-23-09-A prohibited the Oneida Housing Authority (OHA) from using a failure to pay previous debt owed to a party other than OHA to find an applicant or occupant ineligible for participating in OHA’s rental program. Similarly, resolution BC-12-23-09-A prohibited OHA from using a previous debt related eviction (i.e. failure to pay rent) from a housing entity other than OHA to find an applicant or occupant ineligible for participating in OHA’s rental program. Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office Analysis On October 12, 2016, the Oneida Business Committee (OBC) adopted a new law entitled Landlord-Tenant (Law) pursuant to BC Resolution 10-12-16-C. The resolution identified an effective date of 120 calendar days or February 9, 2017. OHA’s assessment of its eligibility criteria when developing the rules required by the Landlord-Tenant law to govern the incomebased rental program led OHA to a request of the Oneida Business Committee to repeal BC-1223-09-A, entitled Oneida Housing Authority Admissions and Occupancy Policy. By repealing resolution BC-12-23-09-A, OHA proposes to consider all housing debts owed to and evictions from the Comprehensive Housing Division, which includes OHA, Elder Services rentals and Division of Land Management rentals. The Landlord-Tenant law is silent as to debt/eviction considerations as related to eligibility in section 710.4-2, but section 710.4-2(f) does allow rental programs to set additional eligibility requirements by rule. The portions of the Landlord-Tenant law Rule #2 that conflict with resolution BC-12-23-09-A are articles 2.4-4 and 2.4-5, excerpted below: 2.4-4. Outstanding Debts. Applicants for a rental agreement may not have a past due balance greater than two hundred dollars ($200) owed to any utility provider and may not have any prior debt owed to the Comprehensive Housing Division. 2.4-5. Prior Comprehensive Housing Division Eviction. Applicants that have had a rental agreement with the Comprehensive Housing Division subject to an eviction and termination within two (2) years from the date of the application are not eligible to participate in the income-based rental program. This resolution repeals the resolution. In order to ensure that future amendments to the incomebased rental rule do not consider evictions/debts from landlords other than the Nation and to ensure that eligibility is not denied for debts owed to the utility providers with balances of less than two hundred dollars ($200), the resolution includes a directive to the Legislative Operating Page 1 of 2 Open Packet Page 39 of 104 Committee to amend the Landlord-Tenant law. The amendments to the Landlord-Tenant law are to include the following restrictions on the rules governing the income-based rental program: 1. The rules may not contain eligibility requirements that consider debt owed or evictions from entities other than the Comprehensive Housing Division; and 2. The rules may contain eligibility requirements that consider debt owed to utility providers, but may not deny eligibility for any debt owed to a utility provider with a balance of less than two hundred dollars ($200). While the repeal of the resolution does allow consideration of past evictions, a provision was added to rule to specifically mention that a tenant whom was otherwise ineligible may become eligible based on the Nation’s Pardon and Forgiveness law. Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws, provided that adoption of this Resolution will require a 2/3 vote of the Oneida Business Committee. Page 2 of 2 Open Packet Page 40 of 104 Oneida Tribe of Indians of Wisconsin UGWA DEMOLUM YATEHE Because of the help of this Oneida Chief in cementing a friendship between the six nations and the colony of Pennsylvania, a new nation, the United States was made possble. Oneidas bringing several hundred bags of corn to Washing1on' s starving army at Valley Forge, afte r the colonists had consistently refused to aid them. BC Resolution BC-12-23-09-A Oneida Housing Authority Admissions and Occupancy Policy WHEREAS, the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the goveming body of the Oneida Tribe of Indians of Wisconsin; and WHEREAS, the Oneida Business Committee has been delegate{! the authority of Article IV of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, under Resolution BC-6-30-08-A, the Oneida Housing Ordinance was repealed and the Oneida Housing Authority (OHA) was directed to be placed as a program of the Tribe; and WHEREAS, Resolution BC-6-30-08-B, repealed the designation of the OHA as the Tribally Designated Housing Entity (TDHE) and designated the Tribe as the TDHE and the recipient of the NAHASDA block grant; and WHEREAS, based on these actions, the Oneida Business Committee is ultimately responsible for the administration of the housing programs; and WHEREAS, the policies that were in effect before OHA became a program of the Tribe were carried over with the newly formed OHA program; and WHEREAS, the Oneida Housing Authority Admissions and Occupancy Policy (Policy) contains social eligibility criteria that is used to determine whether an applicant or a current occupant is qualified to participate in an ORA housing program; and WHEREAS, it is important that admission standards be interpreted in such a way that personal responsibility is balanced with the need to provide housing to Tribal members; and WHEREAS, debt owed to entities outside of the OHA should not affect eligibility for OHA housing programs because Tribal members need a place to live; and Open Packet Page 41 of 104 WHEREAS, the Policy should be interpreted to ease the social eligibility criteria to allow more Tribal members to qualify for the benefits offered through the OHA programs. NOW THEREFORE BE IT RESOLVED that effective immediately, failure to pay previous debt shall not be used to disqualify an applicant or occupant from participating in an Oneida Housing Authority (OHA) housing program where that debt is not owed to OHA. NOW THEREFORE BE IT FURTHER RESOLVED that effective immediately, previous debt related evictions from a non Oneida Housing Authority (OHA) entity shall not be used to disqualify an applicant from participating in an OHA housing program. BE IT FINALLY RESOLVED that the General Manager shall work with the Oneida Housing Authority (OHA) to ensure that OHA shall not disqualify an applicant or occupant from participating in an OHA housing program for failure to pay previous debt where that debt is not owed to OHA. CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is composed of 9 members of whom 5 members constitute a quorum. 7 members were present at a meeting duly called, noticed and held on the 23rd day of December 2009; that the foregoing resolution was duly adopted at such meeting by a vote of 5 members for; 0 members against; and 1 member not voting; and that said resolution has not been rescinded or amended in any way. Patricia Hoeft, Tnbal Se retary Oneida Business Committee *According to the By-Laws, Article I, Section l, the Chair votes "only in the case of a tie." Open Packet Page 42 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: Accept the March 1, 2017 LOC Minutes 3. Supporting Materials Report Resolution Contract Other: 1. 3/1/17 LOC Minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Brandon Stevens, LOC Chair Primary Requestor/Submitter: Jennifer Falck, LRO Director 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 43 of 104 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Business Committee Conference Room-2nd Floor Norbert Hill Center March 1, 2017 9:00 a.m. Present: Brandon Stevens, Fawn Billie, Tehassi Hill Excused: David P. Jordan, Jennifer Webster Others Present: Clorissa Santiago, Candice Skenandore, Tani Thurner, Jennifer Falck, Rae Skenandore, Cathy Bachhuber, Nancy Barton, Bonnie Pigman, Robert Collins II, Lisa Summers I. Call to Order and Approval of the Agenda Brandon Stevens called the March 1, 2017 Legislative Operating Committee meeting to order at 9:03 a.m. Motion by Fawn Billie to approve the agenda with the addition of Legal Resource Center Governing Documents as a high priority; seconded by Tehassi Hill. Motion carried unanimously. II. Minutes to be approved 1. February 15, 2017 LOC Meeting Minutes Motion by Tehassi Hill to approve the February 15, 2017 LOC meeting minutes; seconded by Fawn Billie. Motion carried unanimously. III. Current Business 1. Cemetery Law Amendments (02:54-18:55) Motion by Fawn Billie to approve the Public Meeting packet and forward the Cemetery Law amendments to a Public Meeting on March 30, 2017, with the noted change; seconded by Tehassi Hill. Motion carried unanimously. Note: The noted change is to change “Wednesday” to “Thursday” on the Public Meeting notice. 2. Independent Contractor Policy Amendments (18:55-23:45) Motion by Tehassi Hill to approve the Public Meeting packet and forward the Independent Contractor Policy amendments to a Public Meeting on March 30, 2017, with a correction on the Public Meeting notice; seconded by Fawn Billie. Motion carried unanimously. Note: The noted change is to change “Wednesday” to “Thursday” on the Public Meeting notice. 3. Children’s Code (23:45-40:16) Motion by Fawn Billie to forward the Children’s Code to the Legislative Reference Legislative Operating Committee Meeting Minutes of March 1, 2017 Page 1 of 2 Open Packet Page 44 of 104 Office for a legislative analysis and a fiscal impact statement, to bring back the analyses or an update by the April 5th LOC meeting; seconded by Tehassi Hill. Motion carried unanimously. 4. Business Committee Meetings Law (40:17-41:30) Motion by Tehassi Hill to accept the public meeting comments and defer this item to a work meeting; seconded by Fawn Billie. Motion carried unanimously. 5. S. Benton re: Petition to Change Pre-employment Drug Testing for Marijuana (41:30-42:13) Motion by Tehassi Hill to approve the 45-day update and forward it to the Oneida Business Committee; seconded by Fawn Billie. Motion carried unanimously. IV. New Submissions V. Additions 1. Legal Resource Center Governing Documents (43:27-48:35) Motion by Tehassi Hill to add the Legal Resource Center Governing Documents to the Active Files List as high priority, and assign Brandon Stevens as the sponsor; seconded by Fawn Billie. Motion carried unanimously. VI. Administrative Updates 1. Public Meeting E-Poll (42:14-43:26) Motion by Tehassi Hill to accept the February 22, 2017 e-poll which cancelled the March 2, 2017 Landlord-Tenant Public Meeting into the record; seconded by Fawn Billie. Motion carried unanimously. VII. Executive Session VIII. Adjourn Motion by Fawn Billie to adjourn the March 1, 2017 Legislative Operating Committee meeting at 9:50 a.m.; seconded by Tehassi Hill. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of March 1, 2017 Page 2 of 2 Open Packet Page 45 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: I 22 I 17 03 2. General Information: Session: [g] Open Agenda Header: D Executive- See instructions for the applicable laws, then choose one: !standing Committees D Accept as Information only [g] Action - please describe: BC approval of Finance Committee Meeting Minutes of March 13, 2017 3. Supporting Materials D Report D Resolution 0 Contract [g] Other: 1.I'F_C_E--P-o_ll_a_p_p-ro-v-in_g_3_/_1_3/_1_7_M_i_n_u-te_s_ _ _ ____, 3. 4. , 2.1 FC Mtg Minutes of 3/13/17 D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor/ Liaison: Primary Requestor: ~~T_ri_sh_K_in~g_,T_r_ib_a_I_T_re_a_s_u_re_r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ Denise Vigue, Executive Assistant /Finance Administration Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Open Packet Page 46 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Oneida Business Committee approval is required to approve all Finance Committee meeting actions as the FC is a standing committee of the OBC. 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 47 of 104 ONEIDA NATION P.O. Box 365 Oneida, WI 54115 MEMORANDUM TO: Finance Comm ittee CC: Business Committee FR: Denise Vigue, Execut ive Assistant DT: March 14, 2017 RE: E-Poll Results of: FC Meeting Minutes of March 13, 2017 An E-Poll vote of the Finance Committee was conducted to approve the Mar. 13, 2017 Finance Committee meeting minutes. The results of the completed E- Poll ar e as f ollows: E-POLL RESULTS: There w as a Majorit y 4 YES votes from Chad Fuss, Jennifer Webster, Larry Barton and Wesley Martin, Jr. to approve the M ar. 13, 2017 Finance Committee Meeting Minutes. The minutes will be placed on the next BC agenda of Mar. 22, 2017 f or approval and the next Finance Commit tee agenda of April 3, 2017 to ratif y this E-Poll act ion. Yaw⩑ko __________________________________________________________________________________________________________________________________________________________ * Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any meeting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Open Packet Page 48 of 104 ONEI D A FI N ANCE COM M I TTEE FC WORK MEETING March 13, 2017 ▪ 9:00 -10:00 A.M. BC Executive Conference Room REGULAR MEETING March 13, 2017 – 10:00 A.M. BC Executive Conference Room REGULAR MEETING MINUTES FC Work Meeting: Patricia King, Treasurer/FC Chair Jennifer Webster, BC Council Member Wesley Martin, Jr., Community Elder Member Larry Barton, CFO/FC Vice-Chair Chad Fuss, Gaming AGM/FC Alternate Excused: David Jordan, BC Council Member and Patrick Stensloff, Purchasing Director Others Present: RaLinda Ninham-Lamberies and Denise Vigue FC Regular Meeting: Patricia King, Treasurer/FC Chair Jennifer Webster, BC Council Member Wesley Martin, Jr., Community Elder Member Larry Barton, CFO/FC Vice-Chair Chad Fuss, Gaming AGM/FC Alternate Excused: David Jordan, BC Council Member and Patrick Stensloff, Purchasing Director Others Present: Dianne Boex, Jim Wildenberg, Shad L. Webster, Robert Keck, Mary Wasurick, Chad Cornelius and Denise Vigue, taking minutes I. Ca ll t o O r d e r: The FC regular meeting was called to order by the FC Chair at 10:00 A.M. II. Ap p ro v a l o f Ag e n d a: MARCH 13, 2017: Motion by Wesley Martin, Jr. to approve the Finance Committee revised agenda for Mar. 13, 2017 with one ADD ON under New Business and one correction. Seconded by Jennifer Webster. Motion carried unanimously. III. Ap p ro v a l o f M in u t es: FEBRUARY 27, 2017 (approved via FC E-Poll on 2/28/17): Motion by Wesley Martin, Jr. to ratify the FC E-Poll action of Feb. 28, 2017 approving the Finance Committee meeting minutes of Feb. 27, 2017. Seconded by Chad Fuss. Motion carried unanimously. IV. T ab le d Bu sin e ss: No Tabled Business V. Cap it al Ex p en d it u r e s : 1. NXC Imaging- Multi-Yr. Agreement David L. Larson, OCHC Dianne Boex was present to discuss this request: agreement is for mammography unit; it is a four year agreement for $48,300 per year; covers unit, another part of equipment needed, service agreement, and all parts/maintenance. Motion by Jennifer Webster to approve the NXC Imagining Multi-Year Agreement for a total amount of $193,200. Seconded by Wesley Martin, Jr. Motion carried unanimously. VI. Don at i o n Re q u est s: 1. United Tribes for Christ Fellowship International Conference Tanya Metoxen, UTCF member Motion by Jennifer Webster to approve from the Finance Committee Donation line $2,500.00 for expenses towards the United Tribes for Christ Fellowship International Conference in Oneida. Seconded by Wesley Martin, Jr. Motion carried unanimously. Page 1 of 4 Finance Committee Meeting Minutes of MARCH 13, 2017 Open Packet Page 49 of 104 2. MCI-Spirit of the Hoops – July 2017 David Powless, MCI President There was some discussion on this request and costs to bring this to Oneida; if approved all costs with the exception of travel should be approved. Motion by Wesley Martin, Jr. to approve from the Finance Committee Donation line the Mountain Chief Institutes’ Spirit of the Hoops July 2017 Youth Camp in Oneida in the amount of $2,500., noting funds to be used towards costs for coaches, t-shirts and food at the camps. Seconded by Jennifer Webster. Motion carried unanimously. 3. Indigenous Games 2017 –Archery Team Shad Webster, Team WI Shad Webster was present; he is the head coach for the archery team, request is for equipment for the team, specifically arrows; he also discussed the procedures for how equipment is used/shared between all players/teams. Motion by Jennifer Webster to approve from the Finance Committee Donation line $1,200.00 for equipment for the Indigenous Games 2017 Archery Team. Seconded by Wesley Martin, Jr. Motion carried unanimously. 4. WI Indian Education Association Brian Jackson, WIEA President The FC has provided donations to this association for the past five years; amount being requested is what was provided last year. Motion by Jennifer Webster to approve from the Finance Committee Donation line $2,500.00 towards the spring conference of the Wisconsin Indian Education Association. Seconded by Larry Barton. Motion carried unanimously. VII. E xe cu t iv e Se s sio n : 1. Joint Marketing Contract – FY17 PO Request Michelle Doxtator, Retail Enterprise Motion by Chad Fuss to move into Executive Session. Seconded by Larry Barton. Motion carried unanimously. Time: 10:27 A.M. Motion by Wesley Martin, Jr. to come out of Executive Session. Seconded by Larry Barton. Motion carried unanimously. Time: 10:38 A.M. Motion by Wesley Martin, Jr. to approve the FY17 Purchase Order Request in the amount specified in the memo noting that a $100,000. Credit is included and has been applied. Seconded by Chad Fuss. Motion carried unanimously. VIII. New B u s in es s: 1. Meadowbrook –Cyber Liability Premium Robert Keck, Risk Management This is a premium payment for contract put in place last year; there was a discussion on risk and the use of external hard drives and USB’s. Motion by Jennifer Webster to approve the Meadowbrook Cyber Liability Premium payment in the amount of $117,397. Seconded by Chad Fuss. Motion carried unanimously. Page 2 of 4 Finance Committee Meeting Minutes of MARCH 13, 2017 Open Packet Page 50 of 104 2. Meadowbrook –Excess Workers Comp Premium Robert Keck, Risk Management This is also a renewal; the excess workers compensation is added insurance protection against those cases that are catastrophic in nature. Motion by Chad Fuss to approve the Meadowbrook Excess Workers Com Premium payment in the amount of $86,072. Seconded by Wesley Martin, Jr. Motion carried unanimously. 3. Thornton Media –Oneida App James Wildenberg, MIS This is a sole source request as Thornton Media has already developed a language app for public schools; this one will be an Oneida Language App that can be used with IPhones and tablets for students in the Green Bay schools; it is portable and can be used in other schools that Oneida children attend; this is part of the FY16 technology budget that has been rolled over to FY17. Contract and legal review not part of what was submitted the Committee will need to get that information. Motion by Jennifer Webster to approve the Thornton Media request for an Oneida App in the amount of $53,000., contingent upon receiving the contract and legal review. Seconded by Larry Barton. Motion carried unanimously. 4. ADD ON: FY17 PO-GB Packer contract-Correction Mary Wasurick, Gaming Marketing Dept. This is a repeat request of this item originally approved on 2/27/17; in preparation several fee were incorrectly left out which amounted to a difference of $36,700 less than what is actually needed. Motion by Larry Barton to approve corrected amount ($576,675.) for this contract that includes the $36,700 for fees that was previously left out. Seconded by Jennifer Webster. Motion carried unanimously. IX. Foll o w Up : No Items X. FY I an d / o r T h an k Y o u : 1. FYI: Aristocrat (6) 22 Lightning Link – Slot Lease Games David Emerson, Gaming Slots Dept. Chad Fuss discussed these lease games including the various payouts and percentages; all these go through the Gaming Capital Expenditures Committee; he has asked David to provide strategic expectations of profitability for these game payouts; there is an error in memo, it will be resubmitted. Motion by Wesley Martin, Jr. to accept items #1 through #5 as FYI. Seconded by Larry Barton. Motion carried unanimously. 2. FYI: Bally (1) Alpha 2 Jumbo 55 – $75/Day/Game David Emerson, Gaming Slots Dept. - See Motion made in FYI #1. 3. FYI: IGT (2) Slot Games - % of Gross Handle David Emerson, Gaming Slots Dept. - See Motion made in FYI #1. 4. FYI: IGT (4) Slot Games Fu Gu Ji Li –Slot Lease Games David Emerson, Gaming Slots Dept. - See Motion made in FYI #1. Page 3 of 4 Finance Committee Meeting Minutes of MARCH 13, 2017 Open Packet Page 51 of 104 5. TkYou: Oneida Veteran’s Jennifer Webster, Councilwoman Jennifer Webster was able to attend the awards presentation at the VFW last week and presented the thank you plaque she received to the Finance Committee. There was a discussion on what is also being done on behalf of First Nations Veterans at the Smithsonian and Oneida’s participation in that project. - See Motion made in FYI #1. XI. Ad jo u r n : Motion by Wesley Martin, Jr. to adjourn. Seconded by Chad Fuss. Motion carried unanimously. The regular Finance Committee meeting ended at 10:59 A.M. Minutes taken & transcribed by: Denise Vigue, Executive Assistant to the CFO & Finance Committee Contact/Recording Secretary Finance Committee- E-Poll Minutes Approval Date: March 14, 2017 Oneida Business Committee- FC Minutes Approval Date: Page 4 of 4 Finance Committee Meeting Minutes of MARCH 13, 2017 Open Packet Page 52 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: Motion to accept the January 12, 2017 Quality of Life (QOL) minutes. 3. Supporting Materials Report Resolution Contract Other: 1. 1/12/17 QOL Minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Fawn Billie, Council Member Primary Requestor/Submitter: Cathy Bachhuber, Executive Assistant 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 53 of 104 Quality of Life Committee Meeting Minutes for January 12, 2017 Present: Fawn Billie, Committee Chairwoman; Trish King, Treasurer; Tehassi Hill, Councilman. Others present: Tina Jorgenson, Catherine DeCleene, Jackie Smith, Jay Rasmussen, Cathy Bachhuber I. Call to Order and Roll Call Meeting called to order by QOL Chairwoman Fawn Billie at 8:36 a.m. II. Approval of the agenda Motion by Tehassi Hill to approve the agenda, seconded by Trish King. Motion carried unanimously. III. Approval of Meeting Minutes A. December 8, 2016 Quality of Life meeting minutes Motion by Tehassi Hill to approve the minutes with changes, seconded by Trish King. Motion carried unanimously. IV. Unfinished Business A. Examine Oneida Services for Tribal Members with Disabilities – Universal Form Update – Fawn Billie Excerpt from December 8, 2016 Quality of Life Meeting: Motion by Tehassi Hill to have the QOL Chair send a memo [for the next BC work meeting; to the OBC and Tracey Cordova with an update from the QOL. Motion carried unanimously. Excerpt from June 9, 2016 Quality of Life Meeting: Motion by Tehassi Hill to accept the verbal report and come back in 30 days for approval of a universal form, seconded by Brandon Stevens. Motion carried unanimously. Excerpt from May 12, 2016 Quality of Life Meeting: Motion by Tehassi Hill to have the QOL Chair meet with the Law office to draft an universal request form to provide to Social Services for case management and to bring back within 30 days, seconded by Brandon Stevens. Motion carried unanimously. Excerpt from May 12, 2016 Quality of Life Meeting: Motion by Tehassi Hill to request GSD to formulate a referral consent form for the BC and send to the QOL Chair to be placed on the next BC agenda for adoption, seconded by Brandon Stevens. Motion carried unanimously. Excerpt from April 14, 2016 Quality of Life Meeting: Motion by Tehassi Hill to accept the Vice Chair’s recommendation and invite Mallory Patten to the next QOL meeting, seconded by Brandon Stevens. Motion carried unanimously. Motion by Tehassi Hill to have the QOL Chair request an update from the Governmental Services Director and the Organization Development Specialist for the next QOL meeting, seconded by Trish King. Motion carried unanimously. Quality of Life Committee Agenda January 12, 2017 Page 1 of 2 Open Packet Page 54 of 104 B. Employee Exercise Program Wellness Committee Update – Tina Jorgenson Excerpt from November 10, 2016 Quality of Life Meeting: Motion by Tehassi Hill to accept the update, seconded by Brandon Stevens. Motion carried unanimously. Excerpt from September 15, 2016 Quality of Life Meeting: Motion by Tehassi Hill to accept the Employee Exercise Pilot Program update and have the team bring back a resolution and implementation plan for the first Oneida Business Committee meeting in 2017, seconded by Trish King. Motion carried unanimously. Motion by Tehassi Hill to accept the resolution and forward to the LOC for a Statement of Effect for BC consideration, seconded by Trish King. Motion carried unanimously. C. Youth Risk Survey Update – Tina Jorgenson Excerpt from December 8, 2016 Quality of Life Meeting: Motion by Tehassi Hill to accept the update as an FYI, seconded by Brandon Stevens. Motion carried unanimously. Motion by Trish King to accept the update that the school is working on scheduling meetings to work on the survey, seconded by Tehassi Hill. Motion carried unanimously. V. New Business VI. Reports VII. Additions VIII. Adjourn Motion by Tehassi Hill to adjourn at 9:49 a.m., seconded by Trish King. Motion carried unanimously. Quality of Life Committee Agenda January 12, 2017 Page 2 of 2 Open Packet Page 55 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: I 22 03 I 17 2. General Information: Session: [8) Open O Executive- See instructions for the applicable laws, then choose one: AgendaHeader: 0 ~~A~p~p_o_in_t_m_e_n_ts____________________________________________________~ Accept as Information only [8] Action - please describe: Approve the recommendation for the appointment of Arthur Cornelius to the Oneida Nation Veterans Affairs Committee (ONVAC). 3. Supporting Materials 0 Report D Resolution 0 Contract [8) Other: 1.1r-M_e_m_o___________________________--, 3. 4. 2. 0 Business Committee signature required 4. Budget Information 0 Budgeted- Tribal Contribution 0 Budgeted -Grant Funded 0 Unbudgeted 5. Submission Authorized Sponsor I Liaison: Cristina Danforth, Tribal Chairwoman Primary Requestor/Submitter: Submitted by Lora Skenandore, Assistant To Chairwoman Danforth Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 Open Packet Page 56 of 104 Oneida Nation Oneida Business Committee PO Box 365 • oneida, WI 54155·0365 oneida.nsn.gov TO: Oneida Business Committee FROM: Chairwoman Tina Danforth DATE: March 13, 2017 RE: Oneida Nation Veterans Affairs Committee ~ :fJOODDO ONEIDA e'Z)P ****************************************************************************** There were 2 applicants for 1 vacancy on the Oneida Nation Veterans Affairs Committee. The applicants are Loretta V. Metoxen and Arthur Cornelius. The candidates are qualified to serve. In accordance with Article VI, Section 6-2 (c) of the Commission Policy Governing Boards, Committees and Commissions, I recommend Arthur Cornelius to be appointed to serve on the Oneida Nation Veterans Affairs Committee. Thank You. A good mind. A good heart. A strong fire. Open Packet Page 57 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 I 22 I 17 2. General Information: Session: [8] Open D Executive- See instructions for the applicable laws, then choose one: AgendaHeader:l~A~p~p_o_in_t_m_e_n_ts____________________________________________________~ D Accept as Information only [8] Action- please describe: Approve the recommended appointment of Marlene Garvey to the Oneida Environmental Resource Board. 3. Supporting Materials D Report D Resolution D Contract [8] Other: ~------------------------------~ l.IMemo 3. 2. 4. L-------------------------------~ D Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: Cristina Danforth, Tribal Chairwoman Primary Requestor/Submitter: Submitted by Lora Skenandore, Assistant to Chairwoman Danforth Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 Open Packet Page 58 of 104 Oneida Nation Oneida Business Committee PO Box 365 • Oneida, Wl54155~0365 onelda·nsn.gov TO: ONEIDA BUSINESS COMMITTEE FROM: CHAIRWOMAN TINA DANFORTH 0::[)0 DATE: MARCH 14, 2017 RE: ENVIRONMENTAL RESOURCE BOARD ~ ONEIDA There is 1 applicant for 1 vacancy on the Oneida Environmental Resource Board. The applicant is Marlene Garvey. The candidate is qualified to serve. In accordance with the Article VI., Section 6-2 (c) ofthe Comprehensive Policy Governing Boards, Committees and Commissions, I recommend Marlene Garvey to be appointed to serve on the Oneida Environmental Resource Board. A good mind. A good heart. A strong fire. Open Packet Page 59 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: New Business Accept as Information only Action - please describe: Defer to the April 12, 2017 Business 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: Melinda J. Danforth, Tribal Vice Chairwoman Primary Requestor/Submitter: 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 60 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The Oneida Business Committee directed the Constitutional Amendments Team to provide a close out report at the March 22, 2017 Business Committee meeting. The General Tribal Council will be deciding one outstanding issues with regards to the Judicial Authority on the March 19, 2017 GTC meeting. In order to include this information in our close out report, we are respectfully requesting the Business Committee to defer this report to the April 12, 2017 Business Committee meeting. Action: Defer this item to the April 12, 2017 Business Committee meeting. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 61 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Unfinished Business Accept as Information only Action - please describe: Accept memo as FYI ; and Forward topic of Economic Development and Diversification Set Aside to Community Development Planning Committee agenda 3. Supporting Materials Report Resolution Contract Other: 1. Treasurer's Memorandum 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Trish King, Tribal Treasurer Primary Requestor/Submitter: Brian A. Doxtator, Executive Assistant to Tribal Treasurer Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 62 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: See attached memo. Requested action: -Accept as F.Y.I. -Further motion to forward the topic back to the C.D.P.C. agenda for determination and research on the opportunities for the Oneida Nation to form an external entity for use of investment funds. 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 63 of 104 ~ Oneida Nation Oneida Business Committee PO Box 365 • Oneida, WI 54155·0365 oneida-nsn.gov ONEIDA Office of the Treasurer Memorandum To: Oneida Business Committee From: Trish King, Treasurer yi, Date: March 16,2017 Re: Update- BC Resolution #09-28-16-B At the December 1, 2016, Community Development Planning Committee (C.D.P.C.) meeting, the O.B.C. requested the Treasurer, via email/memo, to provide an update of the status to creating the Economic Development and Diversification fund, BC Resolution #09-28-16-B. The intent of BC Resolution #09-28-16-B is to establish an Economic Development and Diversification fund, and source the fund with the dividends earned from the Oneida Total Integrated Enterprises, LLC (O.T.I.E.). The ancillary intent of establishing the fund, which is important to note, was to begin with generating additional housing opportunities within the Oneida reservation boundaries. Establishing this fund is an initiative which aligns to the Oneida Business Committee's focus initiatives titled, "Community Development" and "New Revenues" which align to the O.B.c.'s strategic direction titled, "Implementing 'Good Governance' Since the Oneida Business Committee has determined that O.T.I.E. funds be designated for housing opportunities; and will be allocated as a fund resource within the Capital Improvement Process {C.I.P.), then no standard operating procedures are needed. However, according to G.A.S.B., if the O.B.C. creates an external entity like an L.L.C., $Corporation, (-Corporation, etc., and the external entity requests to access the return investment funds from O.T.I.E., then Finance will be responsible to develop the Standard Operating Procedures to transfer those investment monies from our internal investment portfolio to that external entity of the Oneida Nation. YawAko for your attention in this matter. Treasurer Patricia King March 16, 2017 Page 1 A good mind. A good heart. A strong fire. Open Packet Page 64 of 104 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 3 I 22 I 17 2. General Information: Session: [g] Open D Executive- See instructions for the applicable laws, then choose one: AgendaHeader: LjN_e_w_B_u_s_in_e_ss____________________________________________________~ D Accept as Information only [g] Action -please describe: Approval of CIP Concept Paper #13-011 Oneida Nation High School. 3. Supporting Materials D Report D Resolution D Contract [g] Other: 1.jr-c-1P_#_1_3--0-1_1_C_o_n_c-ep_t_P_a_p-er______________, 3.,________________________________, 2. 4. '------------------------------~ D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: Troy Parr, Asst. Division Director/Development Primary Requestor/Submitter: James Petitjean, Interim Asst. Division Director I Development Your Name, Title I Dept. or Tribal Member Additional Requestor: Paul Witek, Senior Tribal Architect I Engineering Name, Title I Dept. Additional Requestor: Fawn Cottrell, Contract Processor I Engineering Name, Title I Dept. Page 1 of2 Open Packet Page 65 of 104 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Purpose: The project team is seeking approval of the project's Capital Improvement Process (CIP) #13-011 Concept Paper, see attached. Background: A new high school in the Oneida Community has been a long time desire of students, parents, school staff and community members. Concern for students safety at our current high school prompted a request to explore the potential of a new high school in Oneida. In 2006, a feasibility study was conducted and completed. No decision was made, at the time, to proceed with the project. No action has been taken on the project since then. Approval of the project's CIP Concept Paper will allow the project to proceed into the next phase of the process, completing a CIP Package. The CIP Package would then be brought forward for approval before the project could proceed. Action Requested: Approval of CIP Concept Paper for project #13-011 Oneida Nation High School 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 66 of 104 CAPITAL IMPROVEMENT PROCESS (CIP)- CONCEPT PAPER For The New Oneida Nation High School CIP #13-011 March 6, 2017 I. Purpose: A. The general purpose of this project is to provide an exceptional facility for the Oneida Nation High School to house a safe, efficient and aesthetically pleasing high school for Oneida students as well as other Native American high school age students, and serving as the foundation for a quality educational experience of all students, families and the Oneida Community in turn contributing to national pride. II. Project Analysis A. Project Description: This project entails the construction of a new high school for the Oneida Nation School System of approximately 74,000 to 88,000 square feet having a capacity of 200 to 300 students. This facility will replace the existing high school of 48,000 square feet located at the Norbert Hill Center where the building is shared with the Oneida Business Committee, associated staff and other tribal programs. B. Assumptions: 1. The Tribal organization and the Oneida Community will support the project moving forward. 2. Funding will be available for developing the project. 3. The project will move forward in a timely manner. 4. A new facility will provide a much safer and secure environment for the students. 5. A new facility will provide more area for additional programmed academic classes and extracurricular activities. 6. A new facility will provide a stronger identity for the Oneida Nation High School as well as the entire Oneida Nation School System and Community. 7. The new facility will be energy efficient. 8. The new facility will attract more students. C. Operational Impact: 1. A new high school will require additional services for which more support staff will be required from DPW, Custodial, MIS, etc. 2. The development of a new high school will require additional teaching, administrative, and other professional staff. 3. A full evaluation of necessary staff, services and equipment will be included in the project's CIP Package. D. Organizational Goals: The project would support the following goals and objectives of the 2008 Comprehensive Plan for the Oneida Reservation and its 2014 update: Open Packet Page 67 of 104 CIP - Concept Paper CIP #13-011 Plan Element: EDUCATION 1. GOAL: Ayehya?tuhskayntehl!halc~- "Someone will be educated". a. Objective: Provide the highest quality education system. 2. ·GOAL: Provide a safer and more secure learning environment. a. Objective: Provide a secure environment by limiting access to the facility. Plan Element: CULTURE 1. GOAL: Tsi?Niyukwaliho-t/\- Our Ways (Culture). b. Objective: Preserve Oneida Culture and Language. Ayukwatenhotukwathat stayt'tak~- we all sho1uld have a key. Plan Element: HEALTH 1. GOAL: Ata kali tatsla- Health/ Liveliness- Healthcare. c. Objective: Improve physical and mental health of the Oneida Community. 2. GOAL: Luwatiya?takenhas -They help them- Human Development. d. Objective: Improve quality oflife through social programming. . III. Market A. Market Served: Currently, 126 Oneida high school age students attend O.N.H.S, there is potential of an additional 100 to 264 Oneida Students and other Native American High school age students in the area. It is also projected there will be an additional twenty (20) staff with the new school. B. Competition: There are seven (7) school districts in and around the exterior boundm·ies of the Oneida Reservation. Within these districts there are twelve (12) high schools Oneida students may attend. There are also some that choose to attend BIE Boarding Schools located outside of the state of Wisconsin. Because the Oneida Nation High School cannot provide classes and activities such as foreign languages, music, wood working, metals, automotive, cad/cmn, printing, photography, etc. at the current location, students decide to migrate to outside schools. They also chose to migrate to participate in more competitive spmis. 2 Open Packet Page 68 of 104 CIP - Concept Paper CIP #13-011 IV. Potential Risk: Potential risks associated with this project are: A. No support for the project from the Oneida Business Committee or the Oneida community. . B. Not enough financial resources for development of the project. C. Failure to meet and fulfill the Comprehensive Plan's goals and objectives that would be supported by this project would mean the Oneida Nation risks failing to provide the highest quality education system and to provide a safer, more secure learning environment. V. Potential Investment: A. Funding Sources: potential funding sources for the project include: 1. 2. 3. 4. Community Development Block Grant Bureau oflndian Education Philanthropic Organizations CIP Budget B. Development Costs: This project will not require any funding for completing the project's CIP Package if the Concept Paper is approved. C. Construction Cost Target: 1. Construction cost is targeted to be in the $170.00 to $25 0. 00 per square foot range for the building only. Site work, soft and miscellaneous costs, fumiture, fixtures, equip111ent, and contingency are in addition to this construction cost. 2. The project's CIP Package will identify the total project budget estimate. Potential Social Investment D. The project will bring'1 00+ students back to our community in the first year of operation. Children graduating from gth grade in our school system will choose to remain in our system based on the quality of education, extra-curricular offerings and a state of the art facility located in the heart of the Oneida Community . . E. Children who have had language and culture classes since Head Start and kindergarten will continue with language, culture and history curriculum. F. The physical and mental health of Oneida students will improve with better designed and appropriate classroom space, support staff and with more athletic venues offered. VI. Time Line: Upon approval of the Concept Paper: A. CIP Phase I- CIP Package B. CIP Phase II -Project Ranking and Approval C. CIP Phase III -Design D. CIP Phase IV- Construction 3 10 weeks 14 weeks 43 weeks 61 weeks Open Packet Page 69 of 104 CIP - Concept Paper CIP #13-011 VII. Recommendations A. It is recommended strong consideration be given to this project in order to help the Oneida Nation School System accomplish goals and objectives in their work plans as well as those set in the Oneida Reservation Comprehensive Plan. B. It is recommended strong consideration be given to this project for the benefit of our children and future generations. The existing facility is full of offices with the High School squeezed into small classrooms and patch work services. The new facility will provide a high school learning atmosphere, space for consolidated services, room for expansion and a facility to house our high school age members. This facility will facilitate and encourage the preservation of our language, culture, and history through socialization, athletics and pedagogy. C. It is recommended strong consideration be given to this project in order to provide a safer, more secure facility for the Oneida Nation High School Students. VIII. Client Approval A. A signed copy ofthe CIP-05 Form is attached indicating approval by client's division director. ATTACHMENT: FORM CIP-05 4 Open Packet Page 70 of 104 Oneida Tribe of Indians of Wisconsin ENGINEERING DEPARTMENT Location: N7332 Water Circle Place Oneida, WI 54155 Mailing Address: P.O. Box 365 Oneida, WI 54155-0365 Fax: (920) 869-1610 Phone: (920) 869-1600 Capital Improvement Process (CIP) - Client Division Director Approval Form To: Sharon Mousseau, Oneida Nation School Superintendent From: Dan Skenandore, Project Manager Lemme Doxtater, Project Plam1er Date: March 6, 2017 Re: New Oneida Nation High School I have reviewed the attached Capital Improvement Process (CIP) document identified below for the above noted project and approve of the project moving into the next phase of the CIP Process. fZl CIP Concept Paper- dated: March 6, 2017 0 CIP Package- dated: ?? Sharon Mousseau, Oneida Nation School Superintendent Date II !I I II I I I I Form CIP-05 Rev.: May 7, 2014 H:\Form CfP-05.docx I Il Open Packet Page 71 of 104 Oneida Business Committee Agenda Request .• . 1. Meeting Date Requested: 03 I 22 I 17 2. General Information: Session: [gj Open D Executive- See instructions for the applicable laws, then choose one: Agenda Header: !General Tribal Council D Accept as Information only [gj Action - please describe: Timelines to be provided by Pat Pelky and Elizabeth Somers regarding opening of Norbert Hill pond and be placed on BC agenda as a standing item until the opening of the pond is complete. 3. Supporting Materials D Report D Other: D Resolution D Contract .-------------------------------~ 1. 3. 2. 4. D Business Committee signature required • 4. Budget Information D Budgeted- Tribal Contribution D Budgeted -Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: Cristina Danforth, Tribal Chairwoman PrlmaryRequesto~Submitte~ ~N~a~nc~y~B~a~rt~o~n~,T~r~ib~a~I~M~e~m~b~e~r--------------------------------~ Your Name, Title I Dept. or Tribal Member Additional Requestor: Submitted by Lora Skenandore, Assistant to Chairwoman Danforth Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Open Packet Page 72 of 104 Oneida Business Committee Agenda Request ' 6. Cover Memo: Describe the purpose, background/history, and action requested: Provide update and status regarding opening up the pond at the Norbert Hill Center. What role does Pat Pelky and Liz Somers play respectively and their areas/departments. Provide status update regarding possible lifeguards. 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 MOVED TO OPEN SESSION Oneida Business Committee Agenda Request 1. Meeting Date Requested: 03 / 22 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: New Business Accept as Information only Action - please describe: Direct the Assistant Division Director-Development, the Financial Analyst/Planner-Development, and the Executive Director-Housing Authority to work together and identify a project for Funding Opportunity Number FR-6100-N-23 3. Supporting Materials Report Resolution Contract Other: 1. Notice of Funding Availability 3. 2017 03 09 DW Email RE Training 2. 2017 03 09 DW Email RE NOFA 4. 2017 03 15 DW Email RE Deadline & Next Steps Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Melinda J. Danforth, Tribal Vice Chairwoman Primary Requestor/Submitter: Lisa Liggins, Executive Assistant Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted MOVED TO OPEN SESSION Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: ***BACKGROUND*** The Community Development Planning Committee had notified the organization to identify a project for upcoming Indian Community Development Block Grant (ICDBG) funding or other grant related funding. To date, no project has been formally presented for approval. Notice of Funding Availability for ICDBG funding was received on March 9, 2017. Dale Wheelock forwarded the information and additional information on available training. On March 15, 2017, Dale Wheelock provided another e-mail outlining the next steps needed in order to meet the fast approaching deadline of May 18, 2017. The requested action below is to ensure the Oneida Nation does not miss out an this funding opportunity. ***REQUESTED ACTION*** Direct the Assistant Division Director-Development, the Financial Analyst/Planner-Development, and the Executive Director-Housing Authority to work together and identify a project for Funding Opportunity Number FR-6100-N-23 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 MOVED TO OPEN SESSION FR-6100-N-23 Community Development Block Grant Program for Indian Tribes and Alaska Native Villages Department of Housing and Urban Development GENERAL INFORMATION Document Type: Grants Notice ......................................................................................................................................................................................................................................................................................................................................................................... Funding Opportunity Number: FR-6100-N-23 Community Development Block Grant Program for Indian Tribes and Alaska Funding Opportunity Title: Native Villages Opportunity Category: Discretionary Opportunity Category Explanation: Funding Instrument Type: Grant ········································································································································································································································································································································································Category of Funding Activity: Community Development ......................................................................................................................................................................................................................................................................................................................................................................... Category Explanation: Expected Number of Awards: 75 ······························································································································-·········································································································································································································································CFDA Number(s): 14.862 -Indian Community Development Block Grant Program Cost Sharing or Matching Requirement: No Version: Synopsis 2 Posted Date: Mar 09, 2017 Last Updated Date: Mar 13, 2017 Original Closing Date for Applications: May 18, 2017 Electronically submitted applications must be submitted no later than 11:59 p.m., ET, on the listed application due date. Current Closing Date for Applications: May 18, 2017 Electronically submitted applications must be submitted no later than 11:59 p.m., ET, on the listed application due date. ···························································································································-············································································································································································································································· Archive Date: Jun 17, 2017 ........................................................................................................................... -............................................................................................................................................................................................................................................ . Estimated Total Program Funding: $0 Award Ceiling: $0 ........................................................................................................................... -............................................................................................................................................................................................................................................ . Award Floor: $0 ELIGIBILITY Eligible Appllcant8: MOVED TO OPEN SESSION NIIIMI Amellc.~ llblll Cllglriza1lar8 (oilier than Fedllrally IIICQIInlzed tribal (ICN&tildlt&) NIIIMI Amellc.~llblll gcN&iildil& (Fedlnly IIICQIInlzed) Addltlanll lnflllmlllan an Ellglblll\f: [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%3A6d8cbab18559b3c5. Public record. Not legal advice.