# Phone: (920)869-2214 (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A94dded8407dfd237 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Oneida, WI 54155 Phone: (920)869-2214 BC Meeting Materials December 13, 2017 Open Session – Public meeting materials CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 544 pages are the Open Session – Public meeting materials presented at a meeting duly called, noticed and held on the 13th day of December, 2017, and reconvened on the 14th day of December, 2017. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Public Packet Page 1 of 534 Oneida Business Committee Executive Session 8:30 a.m. Tuesday, December 12, 2017 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, December 13, 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 A. Special Recognition for Years of Service – Simone Decoteau-Patterson Sponsor: Geraldine Danforth, Area Manager/Human Resources Dept. B. Presentation of checks to Mobil Education Alliance program recipients – Oneida Elementary School, Oneida High School, Lannoye Elementary School, King Elementary School, Hillcrest Elementary School, and Pioneer Elementary School Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications III. ADOPT THE AGENDA IV. OATHS OF OFFICE A. Oneida Police Dept. – Paul Kopka B. Pardon and Forgiveness Screening Committee – Carmelita Escamea C. Oneida Nation Arts Board – Christine Klimmek D. Southeastern Oneida Tribal Services Advisory Board – Diane Hill E. Oneida Library Board – Melinda K. Danforth F. Oneida Nation Commission on Aging – Florence Petri Oneida Business Committee Regular Meeting Agenda of December 13, 2017 Page 1 of 8 Public Packet Page 2 of 534 V. MINUTES A. Approve November 8, 2017, regular meeting minutes Sponsor: Lisa Summers, Secretary B. Approve November 30, 2017, special meeting minutes Sponsor: Lisa Summers, Secretary VI. RESOLUTIONS A. Adopt resolution entitled FY 2018-2020 Oneida Nation Tribal Transportation Improvement Plan (TTIP) Sponsor: Troy Parr, Assistant Division Director/Community Economic & Development Requestor: James Petitjean, Financial Analyst/Planner B. Adopt resolution entitled Office of Special Trustee – Sign Off Authority Sponsor: Kirby Metoxen, Councilman Requestor: Susan White, Director/Trust Enrollment C. Adopt resolution entitled Creation of Acheson Education Endowment in Accordance with the Endowments Law Sponsor: Trish King, Treasurer D. Adopt resolution entitled Landlord-Tenant (Law) Amendments Chair: David P. Jordan, Councilman/Legislative Operating Committee Chair E. Enter the E-Poll results into the record in accordance with OBC SOP entitled Conducting Electronic Voting: Sponsor: Lisa Summers, Secretary 1. Adoption of resolution entitled CY 2018 County Tribal Law Enforcement – Brown County; and resolution entitled CY 2018 County Tribal Law Enforcement – Outagamie County Requestor: Richard Van Boxtel, Chief of Police/Oneida Police Dept. VII. STANDING COMMITTEES A. Legislative Operating Committee Chair: David P. Jordan, Councilman 1. Accept November 1, 2017, Legislative Operating Committee meeting minutes 2. Accept November 15, 2017, Legislative Operating Committee meeting minutes B. Finance Committee Chair: Trish King, Treasurer 1. Approve November 13, 2017, Finance Committee meeting minutes 2. Approve December 4, 2017, Finance Committee meeting minutes Oneida Business Committee Regular Meeting Agenda of December 13, 2017 Page 2 of 8 Public Packet Page 3 of 534 VIII. NEW BUSINESS A. Accept appointment of Florence Petri to the Oneida Nation Commission on Aging as information Liaisons: Jennifer Webster, Councilwoman; Secretary Lisa Summers Chair: Pat Lassila, Oneida Commission on Aging B. Approve Achieve Brown County Inc.-Data Sharing and Use Memorandum of Understanding (MOU) – file # 2017-1452; and United Way of Brown County-Data Sharing and Use MOU – file # 2017-1453 Sponsor: George Skenandore, Division Director/Governmental Services Requestor: Jennifer Hill-Kelley, Area Manager/Education & Training C. Accept progress report regarding Environmental Resource Board transfer of hearing authority Liaisons: Danial Guzman King, Councilman; Ernie Stevens III, Councilman Chair: Al Manders, Environmental Resource Board D. Approve Gaming Facilities Compliance Inspection; and approve Oneida Gaming Commission to forward compliance letter to State of Wisconsin Sponsor: Troy Parr, Assistant Division Director/Community Economic & Development E. Approve OBC SOP entitled Corporate Appointments Sponsor: Lisa Summers, Secretary F. Identify Screening/Selection Subcommittee for Family Court Judge vacancy Sponsor: Lisa Summers, Secretary G. Enter the E-Poll results into the record in accordance with OBC SOP entitled Conducting Electronic Voting: Sponsor: Lisa Summers, Secretary 1. Approved Wisconsin State-Justice Dept. Memorandum of Understanding – file # 20171337 Requestor: Nathan King, Director/Intergovernmental Affairs & Communications Dept. IX. TRAVEL A. Travel Reports 1. Approve travel report – Chairman Tehassi Hill, Secretary Lisa Summers, and Councilwoman Webster – Government to Government meeting – Detroit, MI – June 21, 2017 2. Approve travel report – Chairman Tehassi Hill – 6th Annual Partners in Action conference – Prior Lake, MN – July 17-20, 2017 3. Approve travel report – Secretary Lisa Summers – Tribute to Survival Exhibit and Indian Summer festival – Milwaukee, WI – September 7-9, 2017 4. Approve travel report – Councilman Daniel Guzman King – Indian Summer festival – Milwaukee, WI – September 7-10, 2017 Oneida Business Committee Regular Meeting Agenda of December 13, 2017 Page 3 of 8 Public Packet Page 4 of 534 5. Approve travel report – Chairman Tehassi Hill – Democratic National Convention (DNC) Native American roundtable – Washington D.C. – September 12-14, 2017 6. Approve travel report – Councilman Daniel Guzman King – Centers for Medicaid & Medicare Services (CMS) meeting and congressional lobbying – Washington D.C. – September 12-14, 2017 7. Approve travel report – Secretary Lisa Summers – Government to Government meeting – Washington D.C. – September 20, 2017 8. Approve travel report – Secretary Lisa Summers – Tribal Caucus and Inter-tribal Criminal Justice Council – Wisconsin Dells, WI – September 27-28, 2017 9. Approve travel report – Councilman Kirby Metoxen – National Congress of American Indians (NCAI) convention & marketplace – Milwaukee, WI – October 16-20, 2017 10. Approve travel report – Councilman Daniel Guzman King – National Congress of American Indians (NCAI) convention & marketplace – Milwaukee, WI – October 16-20, 2017 11. Approve travel report – Councilman Daniel Guzman King – Medicare & Medicaid Policy Committee (MMPC) & CMS Tribal Technical Advisory Group (TTAG) meetings, Senate Committee on Indian Affairs congressional hearing on tax reform, and congressional lobbying – Washington D.C. – October 30-November 3, 2017 12. Approve travel report – Councilwoman Jennifer Webster – Medicare & Medicaid Policy Committee (MMPC) & CMS Tribal Technical Advisory Group (TTAG) meetings – Washington D.C. – October 30-November 3, 2017 13. Approve travel report – Chairman Tehassi Hill, Secretary Lisa Summers, Councilman Daniel Guzman King, and Councilwoman Jennifer Webster – New York Properties Tour – Verona, NY – November 2-6, 2017 14. Approve travel report – Treasurer Trish King – Tax Reform Listening Session – Washington D.C. – December 3-4, 2017 B. Travel Requests 1. Approve travel request – Various OBC Members – National Congress of American Indians (NCAI) Executive Council Winter Session – Washington D.C. – February 12-15, 2018 2. Approve travel request – Various OBC members – 2018 Midwest Alliance of Sovereign Tribes (MAST) Impact Week – Washington D.C. – March 25-28, 2018 C. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting Electronic Voting: Sponsor: Lisa Summers, Secretary 1. Failed travel request due to lack of responses – Three (3) Oneida Gaming Commissioners & four (4) staff – WI Gaming Regulators Association (WGRA) conference – Carter, WI – December 4‐6, 2017 Liaison: Kirby Metoxen, Councilman Requestor: Matthew W. Denny, Chair/Oneida Gaming Commission Oneida Business Committee Regular Meeting Agenda of December 13, 2017 Page 4 of 8 Public Packet Page 5 of 534 2. Approved travel request in accordance with Travel & Expense Policy – Six (6) Election Board members/alternates, one (1) Oneida Police Dept. Officer, and one (1) Enrollments staff – 2017 Special Election – Milwaukee, WI – December 1-3, 2017 Liaison: Tehassi Hill, Chairman Requestor: Racquel Hill, Chair/Oneida Election Board 3. Approved travel request – Councilwoman Jennifer Webster – Parents as Teachers conference – Philadelphia, PA – November 28-30, 2017 Requestor: Jennifer Webster, Councilwoman 4. Approved travel request – Councilman Kirby Metoxen – Tribal Roundtable 2017 Carlisle Repatriation – Shakopee, MN – November 29-December 1, 2017 Requestor: Kirby Metoxen, Councilman 5. Approved travel request – Treasurer Trish King – Tax Reform Listening Session – Washington D.C. – December 3-5, 2017. Requestor: Trish King, Treasurer X. 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. Tabled Business 1. Schedule special GTC meeting regarding Employment Law and Reorganization proposals Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair EXCERPT FROM NOVEMBER 8, 2017: (1)Motion by Kirby Metoxen to schedule a special GTC meeting on Saturday, February 24, 2018, seconded by Lisa Summers. Seconder withdrew. (2) Motion by Kirby Metoxen to schedule a special GTC meeting on Saturday, February 24, 2018. Motion failed due to lack of support. (3) Motion by Lisa Summers to table 1 this item, seconded by Brandon Stevens. Motion carried with one opposed. B. Petitioner Leah Sue Dodge – Law firm for GTC 1. Accept legislative analysis Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair 2. Accept legal analysis Sponsor: Jo Anne House, Chief Counsel 3. Accept financial analysis Sponsor: Larry Barton, Chief Financial Officer EXCERPT FROM NOVEMBER 8, 2017: Motion by Lisa Summres to accept the legislative analysis progress report, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM OCTOVER 11, 2017: Motion by Jennifer Webster to schedule a special GTC meeting on Tuesday, January 16, 2018, at 6:00 p.m., seconded by Lisa Summers. Motion carried unanimously. 1 For the record: Councilwoman Jennifer Webster stated tabling it to give the opportunity for LOC, Organizational Development Specialist, and the Tribal Secretary to come back with an alternate schedule. Oneida Business Committee Regular Meeting Agenda of December 13, 2017 Page 5 of 8 Public Packet Page 6 of 534 EXCERPT FROM SEPTEMBER 27, 2017: (1) Motion by Lisa Summers to acknowledge receipt of the petition submitted by Leah Sue Dodge regarding a Law Firm for GTC, seconded by David P. Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial, legislative, and administrative analyses, seconded by David P. Jordan. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Office to submit their analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within forty-five (45) days; and to direct the Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30) days, seconded by David P. Jordan. Motion carried unanimously. C. Petitioner Gina Powless – Banishment Law resolution 1. Accept legislative analysis Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair 2. Accept legal analysis (Not Submitted) Sponsor: Jo Anne House, Chief Counsel 3. Accept progress report regarding financial analysis Sponsor: Larry Barton, Chief Financial Officer EXCERPT FROM NOVEMBER 8, 2017: Motion by Lisa Summres to accept the legislative analysis progress report, seconded by Kirby Metoxen. Motion carried unanimously. EXCERPT FROM OCTOVER 11, 2017: Motion by Jennifer Webster to schedule a special GTC meeting on Tuesday, January 16, 2018, at 6:00 p.m., seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM SEPTEMBER 27, 2017: (1) Motion by Lisa Summers to acknowledge receipt of the petition submitted by Gina Powless regarding a Banishment Law resolution, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial, legislative, and administrative analyses, seconded by Jennifer Webster. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Office to submit their analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within forty-five (45) days; and to direct the Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. D. Approve January 16, 2018, special GTC meeting materials Sponsor: Lisa Summers, Secretary XI. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change) A. Reports 1. Accept Chief Counsel report – Jo Anne House, Chief Counsel a. Approve limited waiver of sovereign immunity – LexisNexis-Portfolio Media Inc. Law 360 – file # 2017-1409 b. Approve limited waiver of sovereign immunity – Wisconsin DMV-Electronic Records Access – file # 2017-1334 2. Accept Intergovernmental Affairs & Communications November report – Nathan King, Director Oneida Business Committee Regular Meeting Agenda of December 13, 2017 Page 6 of 8 Public Packet Page 7 of 534 B. Standing Items 1. Land Claims Strategy – New York Properties Review report 2. Accept update regarding Oneida Golf Enterprise – Ladies Professional Golf Association (This item is scheduled to begin at 8:30 a.m.) C. Audit Committee Chair: David P. Jordan, Councilman 1. Accept October 12, 2017, Audit Committee meeting minutes 2. Approve audit entitled Complimentary Items & Services Compliance and lift confidentiality requirement to allow Tribal Members to view the audit 3. Approve audit entitled Anna John Residential Community Care Center Board Performance Assurance and lift confidentiality requirement to allow Tribal Members to view the audit 4. Approve audit entitled Blackjack Rules of Play and lift confidentiality requirement to allow Tribal Members to view the audit 5. Approve audit entitled Card Games & Poker Rules of Play and lift confidentiality requirement to allow Tribal Members to view the audit 6. Approve audit entitled Craps Rules of Play and lift confidentiality requirement to allow Tribal Members to view the audit 7. Approve audit entitled Custodial Performance Assurance and lift confidentiality requirement to allow Tribal Members to view the audit 8. Approve audit entitled Drop & Count (Class II Poker & Kiosk) Compliance and lift confidentiality requirement to allow Tribal Members to view the audit 9. Approve audit entitled Drop & Count Annual Compliance and lift confidentiality requirement to allow Tribal Members to view the audit 10. Approve audit entitled Gaming Custodial Performance Assurance and lift confidentiality requirement to allow Tribal Members to view the audit 11. Approve audit entitled Human Resource Dept. Performance Assurance and lift confidentiality requirement to allow Tribal Members to view the audit 12. Approve audit entitled Slot Compliance and lift confidentiality requirement to allow Tribal Members to view the audit 13. Approve audit entitled Vocational Rehabilitation Job Training Performance Assurance and lift confidentiality requirement to allow Tribal Members to view the audit Oneida Business Committee Regular Meeting Agenda of December 13, 2017 Page 7 of 8 Public Packet Page 8 of 534 D. Unfinished Business 1. Accept close-out report regarding Language Dept. transition Liaison: Brandon Stevens, Vice-Chairman Chair: Debbie Danforth, Oneida Nation School Board EXCERPT FROM NOVEMBER 22, 2017: Meeting canceled. EXCERPT FROM NOVEMBER 8, 2017: Motion by Jennifer Webster for the Liaison to followup with the Oneida Nation School Board to get the final report to be submitted for the November 22, 2017, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously. EXCERPT FROM OCTOBER 25, 2017: Motion by David P. Jordan to defer this item to the November 8, 2017, regular Business Committee meeting. E. New Business 1. Approve forty-seven (47) new enrollments and one (1) relinquishment Sponsor: Kirby Metoxen, Councilman 2. Adopt resolution entitled Resolution to Authorize New Transamerica Service Platform for Governmental and Enterprise 401(k) Plans Sponsor: Larry Barton, Chief Financial Officer 3. Approve OBC SOP entitled Employee Incentives Sponsor: Trish King, Treasurer 4. Determine appropriate next steps regarding the Agriculture Strategy Sponsor: Lisa Summers, Secretary (This item is scheduled to begin at 3:00 p.m.) 5. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting Electronic Voting: Sponsor: Lisa Summers, Secretary a. Approved the Husch Blackwell LLP contract – file # 2017-1435 Requestor: Jo Anne House, Chief Counsel XII. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, 3:50 p.m., Friday, December 8, 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) 236-2214. Oneida Business Committee Regular Meeting Agenda of December 13, 2017 Page 8 of 8 Public Packet Page 9 of 534 12 / 13 / 17 ============ Public Packet Employee's Name: Simone Decoteau-Patterson Supervisor's Name: Susan Danforth Date of Hire: August 17, 1992 Recognition rescheduled from the November 8, 2017, regular OBC meeting Page 10 of 534 Public Packet Page 11 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Announcement/Recognition Accept as Information only Action - please describe: 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: Nathan King, Director/IGAC 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 Public Packet Page 12 of 534 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Present check to Oneida Elementary School, Oneida High School, Lannoye Elementary School, King Elementary School, Hillcrest Elementary School, and Pioneer Elementary School. Each year Oneida One Stops nominates local schools for the Mobil Education Alliance program. Each school will receive a $500 check. Representatives from each of the schools will be present to receive the check. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 13 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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 Police Officer Oath of Office 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: Eric Boulanger, Oneida Police Department Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet Page 14 of 534 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Complete the hiring process for Officer Paul Kopka and issue Police Officer Oath of Office. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 15 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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 Carmelita Escamea for the Pardon and Forgiveness Screening 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 Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Brooke Doxtator, Board, Committee and Commissions Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet Page 16 of 534 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: There were two (2) applicant(s) for three (3) vacancies on the Pardon and Forgiveness Screening Committee. On October 31, 2017 the Chairman made a recommendation to appoint Carmelita Escamea. The appointment was appproved at the November 8, 2017 BC Meeting. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 17 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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 Christine Klimmek for the Oneida Nation 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 Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Brooke Doxtator, Board, Committee and Commissions Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet Page 18 of 534 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: There was one (1) applicant(s) for the one (1) vacancy(s) on the Oneida Nation Arts Board. The Oneida Nation Arts Board submitted a recommendation for Christine Klimmek on October 25, 2017 and on October 31, 2017 the Chairman made a recommendation to appoint Christine. The appointment was approved at the November 8, 2017 BC Meeting. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 19 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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 Diane Hill for the Southeastern Wisconsin Oneida Tribal Services Advisory 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 Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Brooke Doxtator, Board, Committee and Commissions Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet Page 20 of 534 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: There was one (1) applicant for two (2) vacancies on the Southeastern Wisconsin Oneida Tribal Services Advisory Board. On October 31, 2017 the Chairman made a recommendation to appoint Diane Hill. The appointment was approved at the November 8, 2017 BC Meeting. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 21 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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 Melinda K. Danforth for the Oneida Library Board. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Brooke Doxtator, Board, Committee and Commissions Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet Page 22 of 534 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: There was one (1) applicant(s) for one (1) vacancy on the Oneida Library Board. On October 31, 2017 the Chairman made a recommendation to appoint Melinda K. Danforth. The appointment was approved at the November 8, 2017 BC Meeting. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 23 of 534 Public Packet Page 24 of 534 Public Packet Page 25 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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 November 8, 2017, regular meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. November 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 Public Packet Page 26 of 534 DRAFT Oneida Business Committee Executive Session 8:30 a.m. Tuesday, November 7, 2017 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, November 8, 2017 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Councilwoman Jennifer Webster; Not Present: Councilman Daniel Guzman King, Councilman David P. Jordan, Councilman Kirby Metoxen, Councilman Ernie Stevens III; Arrived at: ; Others present: Jo Anne House, Larry Barton, Rhiannon Metoxen, Michele Doxtator, Rae Skenandore; REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: Kirby Metoxen, Jennifer Webster (excused for afternoon); Not Present: Councilman Daniel Guzman King, Councilman David P. Jordan; Arrived at: Councilman Ernie Stevens III at 1:30 p.m.; Others present: Brooke Doxtator, Clorissa Santiago, Candace Skenandore, Jessica Wallenfang, Jo Anne House, Heather Heuer, Jeanette Ninham, Rosa Laster, Wes Martin Jr., Pat Garvey, Jen Falck, RaLinda Ninham-Lamberies, Lauren Latinen-Warren, Leyne Orosco, Shirley Barber, Ed Delgado, Paul Witek, Rhiannon Metoxen, Susan House, Bonnie Pigman, Racquel Hill, Cathy Bachhuber, Michele Doxtator, Patrick Pelky, Nic Reynolds, Geraldine Danforth, Josh Cottrell, Marianne Close, Kerry Metoxen, Joanie Buckley, Don Miller, Dawn, Walschinski, Dave Cluckey, Michelle Danforth-Anderson, Richard ElmHill, Marlon Skenandore, Tsyoshaaht Delgado, Louise Cornelius; I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:31 a.m. For the record: Councilman Daniel Guzman King is out of the office to the attend the WI Dept. of Health Services, WI. Dept. of Administration and WI. Dept. of revenue consultation in Keshena, WI. Councilman David P. Jordan is out of the office to attend the Tribal Transportation Conference at the Radisson Hotel and Conference Center. Councilman Ernie Stevens III is out for the morning session to attend the WI Dept. of Health Services, WI. Dept. of Administration and WI. Dept. of revenue consultation in Keshena, WI. Councilwoman Jennifer Webster is excused for the afternoon to attend the attend the WI Dept. of Health Services, WI. Dept. of Administration and WI. Dept. of revenue consultation in Keshena, WI. Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 1 of 13 Public Packet Page 27 of 534 DRAFT II. OPENING by Chairman Tehassi Hill A. Special Commemoration – Oneida Child Protective Board – 35 years of service (00:05:15) Requestor: Bobbi Webster, PR Director/Intergovernmental Affairs & Communications Dept. Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications Dept. A special commemoration plaque was presented by Secretary Lisa Summers on behalf of the Oneida Nation and Oneida Business Committee for the Oneida Child Protective Board’s 35 years of service. III. ADOPT THE AGENDA (00:12:30) Motion by Lisa Summers to adopt the agenda as presented, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III IV. OATHS OF OFFICE (00:12:50) administered by Secretary Lisa Summers A. Finance Committee Community Elder Position – Shirley Barber V. MINUTES A. Approve October 25, 2017, regular meeting minutes (00:14:48) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to approve the October 25, 2017, regular meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III B. Approve October 26, FY ’17 4th quarter reports meeting minutes (00:15:22) Sponsor: Lisa Summers, Secretary th Motion by Jennifer Webster to approve the October 26, FY ’17 4 quarter reports, regular meeting minutes, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III VI. RESOLUTIONS A. Adopt resolution entitled Implementing Constitutional Amendments (00:15:52) Sponsor: Lisa Summers, Secretary Motion by Trish King to adopt resolution #11-08-17-A Implementing Constitutional Amendments, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 2 of 13 Public Packet Page 28 of 534 DRAFT VII. STANDING COMMITTEES A. Legislative Operating Committee Chair: David P. Jordan, Councilman 1. Accept October 4, 2017, Legislative Operating Committee meeting minutes (00:17:20) Motion by Trish King to accept the October 4, 2017, Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III B. Finance Committee Chair: Trish King, Treasurer 1. Approve October 30, 2017, Finance Committee meeting minutes (00:17:49) Motion by Kirby Metoxen to approve the October 30, 2017, Finance Committee meeting minutes, seconded by Trish King. Motion carried with one abstention: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Jennifer Webster Abstained: Lisa Summers Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III C. Quality of Life Committee Chair: Brandon Stevens, Vice-Chairman 1. Accept September 14, 2017, Quality of Life Committee meeting minutes (00:18:58) Motion by Lisa Summers to accept the September 14, 2017, Quality of Life Committee meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III VIII. APPOINTMENTS A. Approve recommendation to appoint Kathy Hughes to Oneida Airport Hotel Corp. Board Sponsor: Tehassi Hill, Chairman (00:19:23) Motion by Lisa Summers to approve the recommendation to appoint Kathy Hughes to Oneida Airport Hotel Corp. Board, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III B. Approve recommendation to appoint Christine Klimmek to Oneida Nation Arts Board Sponsor: Tehassi Hill, Chairman (00:20:00) Motion by Kirby Metoxen to approve the recommendation to appoint Christine Klimmek to Oneida Nation Arts Board, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 3 of 13 Public Packet Page 29 of 534 DRAFT C. Approve recommendation to appoint Carmelita Escamea to Pardon and Forgiveness Screening Committee; and re-post two (2) remaining vacancies (00:20:20) Sponsor: Tehassi Hill, Chairman Motion by Brandon Stevens to approve the recommendation to appoint Carmelita Escamea to Pardon and Forgiveness Screening Committee; and to re-post two (2) remaining vacancies, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III D. Approve recommendation to appoint Melinda K. Danforth to Oneida Library Board Sponsor: Tehassi Hill, Chairman (00:21:09) Motion by Kirby Metoxen to approve the recommendation to appoint Melinda K. Danforth to Oneida Library Board, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III E. Approve recommendation to appoint Diane Hill to Southeastern Oneida Tribal Services Advisory Board (00:21:33) Sponsor: Tehassi Hill, Chairman Motion by Lisa Summers to approve the recommendation to appoint Diane Hill to Southeastern Oneida Tribal Services Advisory Board, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III IX. NEW BUSINESS A. Approve activation of $400,000 from approved FY ’18 CIP Funds for project # 23-005 – Residential Homes Sites (00:21:53) Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept. Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development Motion by Jennifer Webster to approve the activation of $400,000 from approved FY ’18 CIP Funds for project # 23-005 – Residential Homes Sites, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III B. Approve three (3) actions regarding CIP project # 05-013 – Elder Services/Apartments Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept. (00:36:02) Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development Motion by Lisa Summers to approve project CIP project # 05-013 – Elder Services-Apartments Improvements with Option 1, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 4 of 13 Public Packet Page 30 of 534 DRAFT Motion by Lisa Summers to approve the activation of $48,000, from the approve FY2015 CIP Budget for CIP project # 05-013 Elder Services-Apartments Improvements, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Motion by Lisa Summers to approve the activation of $1,875,000 from the approve FY2018 CIP Budget for CIP project # 05-013 Elder Services-Apartments Improvements, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III C. Approve activation of $550,000 from approved FY ’18 CIP Funds for project # 07-002 – Social Services Building Remodeling-Phase V (00:38:48) Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept. Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development Motion by Lisa Summers to approve the activation of $550,000 from approved FY ’18 CIP Funds for project # 07-002 – Social Services Building Remodeling-Phase V, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III D. Approve activation of $30,000 from approved FY ’18 CIP Funds for project # 07-013 – Maple Sugar Camp (00:40:26) Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept. Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development Motion by Lisa Summers to approve the activation of $30,000 from approved FY ’18 CIP Funds for project # 07-013 – Maple Sugar Camp, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III E. Approve activation of $311,000 from approved FY ’18 CIP Funds for project # 15-003 – Norbert Hill Center Remodeling-Phase VIII (00:41:23) Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept. Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development Motion by Jennifer Webster to approve the activation of $311,000 from approved FY ’18 CIP Funds for project # 15-003 – Norbert Hill Center Remodeling-Phase VIII, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 5 of 13 Public Packet Page 31 of 534 DRAFT F. Approve activation of $805,000 from approved FY ’18 CIP Funds for project # 16-005 – Casino Exterior Enhancements (00:44:50) Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept. Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development Motion by Lisa Summers to approve the activation of $805,000 from approved FY ’18 CIP Funds for project # 16-005 – Casino Exterior Enhancements, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III G. Approve three (3) requests regarding CIP project # 16-008 – Oneida Family Fitness Improvements (00:45:23) Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept. Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development Motion by Kirby Metoxen to approve the procedural exception to forgo Phase II of the CIP process of routing the CIP package to the various review entities; to approve CIP project # 16-008 – Oneida Family Fitness Improvements; and to approve activation of $207,000 from the approve FY2018 CIP Budget for CIP project # 16-008 – Oneida Family Fitness Improvements, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III H. Post eight (8) Oneida Election Board alternate positions for 2017 Special Election on December 2, 2017 (00:51:52) Chair: Racquel Hill Liaison: Tehassi Hill, Chairman Motion by Lisa Summers to post eight (8) Oneida Election Board alternate positions for 2017 Special Election on December 2, 2017, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III I. Post one (1) vacancy on Oneida Police Commission with a term end date of 7/31/21 Requestor: Brooke Doxtator, Boards, Committees, Commissions Supervisor/BC Support Office Sponsor: Lisa Summers, Secretary (00:55:32) Motion by Jennifer Webster to post one (1) vacancy on Oneida Police Commission with a term end date of 7/31/21, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III J. Approve OBC SOP entitled Community Complaints and/or Concerns (00:56:00) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to approve the OBC SOP entitled Community Complaints and/or Concerns, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 6 of 13 Public Packet Page 32 of 534 DRAFT K. Approve revised OBC SOP entitled Conducting Electronic Voting (E-Polls) Sponsor: Lisa Summers, Secretary (00:56:30) Motion by Kirby Metoxen to approve the revised OBC SOP entitled Conducting Electronic Voting (EPolls), seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III L. Approve OBC SOP entitled Constitutional Amendment by the Oneida Business Committee; and direct the SOP be reviewed in one (1) year (00:57:10) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to approve the OBC SOP entitled Constitutional Amendment by the Oneida Business Committee; and to direct the SOP be reviewed in one (1) year, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III M. Approve OBC SOP entitled Constitutional Amendments by Petition; and direct the SOP be reviewed in one (1) year (00:57:36) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to approve the OBC SOP entitled Constitutional Amendments by Petition; and to direct the SOP be reviewed in one (1) year, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III N. Enter E-Poll results into the record in accordance with OBC SOP Conducting Electronic Voting: (1:02:04) Sponsor: Lisa Summers, Secretary a. Failed approval of memorandum to Oneida Nation employees regarding various support for Enough is Enough initiative, due to insufficient responses Motion by Lisa Summers to take this item from the table, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Motion by Brandon Stevens to approve the of memorandum to Oneida Nation employees regarding various support for Enough is Enough spiritual fire, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 7 of 13 Public Packet Page 33 of 534 DRAFT X. TRAVEL A. Travel Reports 1. Approve travel report – Treasurer Trish King – Federal Lobbyist and Oneida Environmental Science and Construction (OESC) Corp. meetings – Milwaukee, WI – October 19-20, 2017 (1:07:50) Motion by Jennifer Webster to approve the travel report – Treasurer Trish King – Federal Lobbyist and Oneida Environmental Science and Construction (OESC) Corp. meetings – Milwaukee, WI – October 1920, 2017, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Motion by Lisa Summers to recess at 10:03 a.m. until 1:30 p.m., seconded by Brandon Steven s. Motion carried unanimously: (1:32:40) Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Meeting called to order by Chairman Tehassi Hill at 1:31 p.m. Treasurer Trish King, Councilman Daniel Guzman King, Councilman David P. Jordan, and Councilwoman Jennifer Webster not present. XI. REPORTS A. Operational Reports Treasurer Trish King returns at 1:34 p.m. 1. Accept Retail Enterprises FY ’17 4th quarter report (1:33:38) Sponsor: Michele Doxtator, Area Manager/Retail Profits th Motion by Ernie Stevens III to accept the Retail Enterprises FY ’17 4 quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, David P. Jordan, Jennifer Webster 2. Accept Environmental Health & Safety Division FY ’17 4th quarter report (1:41:25) Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety th Motion by Brandon Stevens to accept the Environmental Health & Safety Division FY ’17 4 quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, David P. Jordan, Jennifer Webster Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 8 of 13 Public Packet Page 34 of 534 DRAFT 3. Accept Division of Land Management FY ’17 4th quarter report (1:51:40) Sponsor: Patrick Pelky, Division Director/Land Management th Motion by Lisa Summers to accept the Division of Land Management FY ’17 4 quarter report, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, David P. Jordan, Jennifer Webster 4. Accept Comprehensive Housing Division FY ’17 4th quarter report (2:18:04) Sponsor: Dana McLester, Division Director/Comprehensive Housing th Motion by Brandon Stevens to accept the Comprehensive Housing Division FY ’17 4 quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, David P. Jordan, Jennifer Webster Councilman Kirby Metoxen departs at 2:45 p.m. Councilman Kirby Metoxen returns at 2:50 p.m. 5. Accept Human Resources Department FY ’17 4th quarter report (2:37:35) Sponsor: Geraldine Danforth, Area Manager/Human Resources th Motion by Lisa Summers to accept the Human Resources Department FY ’17 4 quarter report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, David P. Jordan, Jennifer Webster Secretary Lisa Summers departs at 2:56 p.m. 6. Accept Internal Services Division FY ’17 4th quarter report (2:57:12) Sponsor: Joanie Buckley, Division Director/Internal Services th Motion by Ernie Stevens III to accept the Internal Services Division FY ’17 4 quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, David P. Jordan, Lisa Summers, Jennifer Webster B. Unfinished Reports 1. Accept Land Commission FY ’17 4th quarter report (2:09:28) Chair: Rae Skenandore Liaison: Trish King, Treasurer EXCERPT FROM OCTOBER 26, 2017: Motion by David P. Jordan to defer the Oneida Land th Commission FY ’17 4 quarter report to the November 8, 2017, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. th Motion by Ernie Stevens III to accept the Land Commission FY ’17 4 quarter report, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, David P. Jordan, Jennifer Webster Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 9 of 13 Public Packet Page 35 of 534 DRAFT Motion by Trish King to request the Land Commission to start including updates regarding 75% of FY ’18 land acquisition funds going to residential land purchases, in their quarterly reports starting with the FY st ’18 1 quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Daniel Guzman King, David P. Jordan, Jennifer Webster XII. 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 Leah Sue Dodge – Law firm for GTC (1:08:55) 1. Accept legislative analysis progress report Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair Motion by Lisa Summers to accept the legislative analysis progress report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III B. Petitioner Gina Powless – Banishment Law resolution (1:10:04) 1. Accept legislative analysis progress report Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair Motion by Lisa Summers to accept the legislative analysis progress report, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III C. Reschedule February 19, 2018, inclement weather date for 2018 Annual GTC meeting Sponsor: Lisa Summers, Secretary (1:10:30) Motion by Trish King to reschedule the February 19, 2018, inclement weather date for 2018 Annual GTC meeting to Monday, February 12, 2018, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III D. Approve 2018 Annual GTC meeting agenda; and direct back-up meeting materials be submitted by 4:30 p.m. on Friday, December 8, 2017, to the Tribal Secretary e-mail Sponsor: Lisa Summers, Secretary (1:12:29) Motion by Kirby Metoxen to approve the 2018 Annual GTC meeting agenda; and direct back-up meeting materials be submitted by 4:30 p.m. on Friday, December 8, 2017, to the Tribal Secretary e-mail, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 10 of 13 Public Packet Page 36 of 534 DRAFT E. Schedule special GTC meeting on Saturday, February 24, 2018 (1:14:46) Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair Motion by Kirby Metoxen to schedule a special GTC meeting on Saturday, February 24, 2018, seconded by Lisa Summers. Seconder withdrew. Motion by Kirby Metoxen to schedule a special GTC meeting on Saturday, February 24, 2018. Motion fails due to lack of support. Motion by Lisa Summers to table this item, seconded by Brandon Stevens. Motion carried with one opposed: Ayes: Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Opposed: Kirby Metoxen Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III For the record: Councilwoman Jennifer Webster stated tabling it to give the opportunity for LOC, Organizational Specialist, and the Tribal Secretary to come back with an alternate schedule. XIII. EXECUTIVE SESSION A. Reports 1. Accept Retail Enterprises FY ’17 4th quarter report (1:28:18) Sponsor: Michele Doxtator, Area Manager/Retail Profits th Motion by Jennifer Webster to accept the Retail Enterprises FY ’17 4 quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III 2. Accept Chief Counsel report – Jo Anne House, Chief Counsel (1:28:44) Motion by Lisa Summers to accept the Chief Counsel report dated November 7, 2017, as a verbal report, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III a. Approve Ater Wynne LLP. second contract amendment – file #2015-0692 (1:29:07) Motion by Lisa Summers to approve the Ater Wynne LLP. second contract amendment – file #2015-0692, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III B. Standing Items 1. Land Claims Strategy (No Requested Action) Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 11 of 13 Public Packet Page 37 of 534 DRAFT C. Unfinished Business 1. Defer follow-up regarding complaint # 2017-DR11-01 for thirty (30) days (1:29:30) Sponsors: Brandon Stevens, Vice-Chairman; Jennifer Webster, Councilwoman Motion by Lisa Summers to defer the follow-up regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III EXCERPT FROM SEPTEMBER 13, 2017: Motion by Lisa Summers to defer the follow-up regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Trish King. Motion carried unanimously. EXCERPT FROM AUGUST 9, 2017: Motion by David Jordan to assign OBC members Brandon Stevens and Jennifer Webster for follow-up; and for this item to brought to the September 13, 2017, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously. EXCERPT FROM JULY 27, 2017: (Reconvened from July 26, 2017) Motion by Jennifer Webster to direct Vice-Chairwoman Melinda J. Danforth to complete the follow-up on behalf of the OBC Officers; and to direct that the report from Comprehensive Health be due at the August 9, 2017, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM JULY 12, 2017: Motion by Motion by Jennifer Webster to defer this item to the Oneida Business Committee Officers for follow up with the Comprehensive Health Operations Division Director; and for a report to be brought back to the July 26, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. 2. Accept close-out report regarding Language Department transition (Not Submitted) Chair: Debra Danforth (1:29:49) Liaison: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster for the Liaison to follow-up with the Oneida Nation School Board to get the final report to be submitted for the November 22, 2017, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III EXCERPT FROM OCTOBER 25, 2017: Motion by David P. Jordan to defer this item to the November 8, 2017, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM AUGUST 9, 2017: Motion by Lisa Summers to adopt resolution #08-09-17D Transfer of Language Department to Oneida Nation School System, seconded by Tehassi Hill. Motion carried unanimously. 3. Review job descriptions for Direct Reports # 03, 04, and 09 (1:30:34) Sponsor: Jennifer Webster, Councilwoman Motion by Lisa Summers to approve the job descriptions for the Direct Reports # 04 and # 09, with the following changes: [To move the Master’s from preferred to minimum; and any licensures to be move from minimum to preferred], seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 12 of 13 Public Packet Page 38 of 534 DRAFT Motion by Lisa Summers to defer the job description for Direct Report # 03 to the OBC Officers for followup with Jessica Wallenfang, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III EXCERPT FROM OCTOBER 25, 2017: Motion by Jennifer Webster to accept the report as information; and to defer the job description to the November 8, 2017, regular Business Committee meeting, seconded by Trish King. Motion carried with one abstention. EXCERPT FROM SEPTEMBER 27, 2017: Motion by Lisa Summers for the Oneida Business Committee sub-teams to provide an update on the transitions of the Public Works Division, Land & Environment Division and Community & Economic Division and that the Direct Reports for these areas be included for the discussion, noting that Councilwoman Jennifer Webster’s Office will be in charge of coordinating the update, seconded by Trish King. Motion carried unanimously. D. New Business 1. Review complaint # 2017-DR01-01 and determine next steps (1:32:06) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to accept complaint # 2017-DR01-01 as having merit; and to assign the complaint to the OBC Officers for follow-up, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Ernie Stevens III XIV. ADJOURN Motion by Ernie Stevens III to adjourn at 3:11 p.m., seconded by Trish King. Motion carried unanimously: Ayes: Trish King, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan, Lisa Summers, Ernie Stevens III Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented on ___________. ____________________________ Lisa Summers, Tribal Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017 Page 13 of 13 Public Packet Page 39 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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 November 30, 2017, special meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. November 30, 2017, special 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 Public Packet Page 40 of 534 DRAFT Oneida Business Committee Special Meeting 8:30 a.m., Thursday, November 30, 2017 BC Conference Room, 2nd floor, Norbert Hill Center Minutes - DRAFT SPECIAL MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Councilman David P. Jordan, Councilman Ernie Stevens III; Not Present: Secretary Lisa Summers, Councilman Daniel Guzman King, Councilman Kirby Metoxen, Councilwoman Jennifer Webster; Arrived at: ; Others present: Janice Skenandore-Hirth, Jessica Wallenfang, Heather Heuer, Rosa Laster, Lisa Liggins, Jo Anne House, Rae Skenandore, Brooke Doxtator, Kathy Hughes, Kalene White, Melinda K. Danforth, Patricia Moore, Paula Fish, Shannon King, Joe Poole; I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:30 a.m. For the record: Secretary Lisa Summers is out of the office on personal time. Councilman Kirby Metoxen is out of the office on approved travel to attend the Carlisle Repatriation roundtable in Shakopee, MN. Councilman Daniel Guzman King out of the office to attend O’cademy training. Councilwoman Jennifer Webster is out of the office on approved travel to attend the Parents as Teachers conference in Philadelphia, PA. II. OPENING by Chairman Tehassi Hill III. ADOPT THE AGENDA (00:04:00) Motion by Trish King to adopt the agenda with the following changes: [Add-on Oath of Office – Oneida Airport Hotel Corp. – Kathy Hughes; Add-on Open Session New Business item to reconsider a travel request – three (3) Oneida Gaming Commissioners and four (4) staff to attend the Wisconsin Gaming Regulators Association (WGRA) conference in Carter, WI from December 4-6, 2017; and Add-on Executive Session item Approve limited waiver of sovereign immunity – Service Station Computer Systems Inc. contract – file # 2017-1457], seconded by David P. Jordan. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster IV. OATHS OF OFFICE administered by Treasurer Trish King (00:05:08) A. Oneida Election Board Alternates – Kalene White, Lori Elm (Not present), Melinda K. Danforth, Patricia Moore, Paula Fish, Shannon King, Candace House (Not present) B. Oneida Airport Hotel Corp. – Kathy Hughes (Add-on) Oneida Business Committee Special Meeting Minutes - DRAFT of November 30, 2017 Page 1 of 4 Public Packet Page 41 of 534 DRAFT V. STANDING COMMITTEES A. Finance Committee (00:08:30) Chair: Trish King, Treasurer 1. Approve six (6) Gaming Capital Expenditures: a) Aristocrat – Twenty-four (24) games for a total of $485,592.00 Motion by David P. Jordan to approve the Gaming Capital Expenditure – Aristocrat – Twenty-four (24) games for a total of $485,592.00, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster b) Bally – Thirty (30) games for a total of $598,400.00 Motion by David P. Jordan to approve the Gaming Capital Expenditure – Bally – Thirty (30) games for a total of $598,400.00, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster c) Konami – Sixteen (16) games for a total of $257,612.36 Motion by Ernie Stevens III to approve the Gaming Capital Expenditure – Konami – Sixteen (16) games for a total of $257,612.36, seconded by Brandon Stevens. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster d) IGT – Twenty-two (22) purchased games & twenty (20) games at no-charge for a total of $358,992.75 Motion by David P. Jordan to approve the Gaming Capital Expenditure – IGT – Twenty-two (22) purchased games & twenty (20) games at no-charge for a total of $358,992.75, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster e) Incredible Technologies – Six (6) purchased games & four (4) leased games for a total $124,440.00 Motion by Ernie Stevens III to approve the Gaming Capital Expenditure – Incredible Technologies – Six (6) purchased games & four (4) leased games for a total of $124,440.00, seconded by David P. Jordan. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster f) American Gaming Systems – Eighteen (18) games for a total of $309,500.00 Motion by David P. Jordan to approve the Gaming Capital Expenditure – Gaming Systems – Eighteen (18) games for a total of $309,500.00, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster For the record: Treasurer Trish King stated on the cover memo of the request inside the packet, item number 2 is missing which is item 1.A. on the aristocrat. It is in the backup of the Finance Committee, but it’s not in Oneida Business Committee Special Meeting Minutes - DRAFT of November 30, 2017 Page 2 of 4 Public Packet Page 42 of 534 DRAFT the cover letter. So I just want to make sure that I understand that the motion was to cover items 2-7 and 2 would have been aristocrat. It’s just not listed on the memorandum. VI. NEW BUSINESS A. Approve revised OBC SOP entitled Selection of Family Court Judge (00:14:08) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to approve the revised OBC SOP entitled Selection of Family Court Judge with the following corrections: [(Clean copy) Revise “mock tribal” to “mock trial” in line 57; correct the numbering under section 5.3; revise line 40 to read “three or more members of the Business Committee who shall score”; and revise line 41 to read “one or more members of the Judiciary, to serve as subject matter experts who shall not score”], seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster B. Approve posting Family Court Judge position (00:23:52) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to approve posting the Family Court Judge position for fifteen (15) days; to approve posting the vacancy on the Wisconsin State Bar website; and to complete a nationwide mailing, seconded by Brandon Stevens. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster C. Reconsider approval of travel request – three (3) Oneida Gaming Commissioners and four (4) staff – Wisconsin Gaming Regulators Association (WGRA) conference – Carter, WI – December 4-6, 2017 (Add-on) (00:19:50) Motion by David P. Jordan to reconsider the travel request, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster Motion by David P. Jordan to approve the travel request – three (3) Oneida Gaming Commissioners and four (4) staff – Wisconsin Gaming Regulators Association (WGRA) conference – Carter, WI – December 4-6, 2017, seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster VII. EXECUTIVE SESSION Motion by David P. Jordan to go into executive session at 8:49 a.m., seconded by Trish King. Motion carried unanimously: (00:19:10) Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster Motion by David P. Jordan to come out of executive session at 9:17 a.m., seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster Oneida Business Committee Special Meeting Minutes - DRAFT of November 30, 2017 Page 3 of 4 Public Packet Page 43 of 534 DRAFT B. New Business 1. Approve limited waiver of sovereign immunity – Conduent Healthcare Knowledge Solutions Inc. agreement – file # 2017-1333 (00:21:32) Sponsor: Debbie Danforth, Division Director/Comprehensive Health – Operations Motion by Ernie Stevens III to approve the limited waiver of sovereign immunity – Conduent Healthcare Knowledge Solutions Inc. agreement – file # 2017-1333, seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster 2. Review Family Court Judge job description; and determine next steps (00:22:00) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to continue to use the currently approved job description for the Family Court Judge, seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster Motion by David P. Jordan to direct the Legislative Operating Committee to develop legislation to integrate the Family Court into the Judiciary, seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster 3. Approve limited waiver of sovereign immunity – Service Station Computer Systems Inc. contract – file # 2017-1457 (Add-on) (00:23:29) Sponsor: Jo Anne House, Chief Counsel Motion by David P. Jordan to approve the limited waiver of sovereign immunity – Service Station Computer Systems Inc. contract – file # 2017-1457, seconded by Brandon Stevens. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster VIII. ADJOURN Motion by David P. Jordan to adjourn at 9:24 a.m., seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III Not Present: Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented on ___________. ____________________________ Lisa Summers, Tribal Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes - DRAFT of November 30, 2017 Page 4 of 4 Public Packet Page 44 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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: Adoption of resolution entitled FY 2018-2020 Oneida Nation Tribal Transportation Improvement Plan (TTIP) 3. Supporting Materials Report Resolution Contract Other: 1. 2017-2020 TIP List 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Troy Parr, Asst. Division Director/Development Primary Requestor/Submitter: James Petitjean, Financial Analyst/Planner Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet Page 45 of 534 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The BIA at the Midwest Region Branch of Roads estimates the Oneida Nation will receive $1,040,760 in FY18 as part of the TIP updates for 2018-2020 and retained services agreement. The purpose to complete a TIP list is to anticipate workload and timely complete transportation needs and requests. FY2017 estimate is attached. The BIA requires the completion of a resolution on an annual basis to distribute fair share estimates to Native American Tribes in the Midwest. The Oneida Tribe currently owns 54 roads covering 12.54 miles. Roadway evaluations is based on PASER and BIA rankings systems, drainage, estimated traffic volumes and roadway classification. Costs are based off high level estimates of projects based on length and typical bid prices that Oneida Nation has experienced over the last several years. A cost of inflation factor is included so that future projects are adjusted accordingly. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 46 of 534 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 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Leave this line blank FY 2018-2020 Oneida Nation Tribal Transportation Improvement Plan (TTIP) WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, transportation plays an integral role in serving local infrastructure and community needs; and WHEREAS, the Oneida General Tribal Council desires to provide adequate transportation facilities to meet the needs of the residents of Oneida Nation; and WHEREAS, the Oneida General Tribal Council has worked to develop the 2018-2020 Oneida Nation Tribal Transportation Improvement Plan, which we are using to request the Bureau of Indian Affairs to incorporate into their Control Schedule Transportation Improvement Plan as a required step to help us receive our “Tribal Shares” funding; and WHEREAS, the Oneida Business Committee agrees with the needs and priorities presented in the 2018-2020 Oneida Nation Tribal Transportation Improvement Plan; and NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee supports and adopts the 2018-2020 Oneida Nation Tribal Transportation Improvement Plan for the projects listed in the attached CSTIP forms that were developed between us and the BIA for Tribal Shares funding along with corresponding TTP retained services agreement (RSA). Public Packet Name of Tribe Page 47 of 534 Current Year Annual Transportation Allocation ONEIDA NATION $ 1,037,816 Tribal Transportation Improvement Plan Priority 1 BIA Route # 1067 Section 10 Project Length 0.1 Road Name Year of Constr 2017 Location (Start and End Points) Description of Work Aliskwit Court All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Other Total Estimated Cost Estimated Cost $ 10,000 Tribe $ 30,000 Tribe $ 2,800 Tribe $ 42,800 $ 25,000 Tribe $ 300,000 Tribe $ 25,000 Tribe $ 350,000 $ 10,000 Tribe $ 40,000 Tribe $ 5,800 Tribe $ 55,800 $ 15,000 Tribe $ 72,100 Tribe $ 10,000 Tribe $ 97,100 $ 7,500 Tribe $ 46,500 Tribe $ 7,500 Tribe $ 61,500 $ 10,000 Tribe $ 234,616 Tribe $ 10,000 Tribe Pulverize and Relay, minor drainage improvements 2 5038 NA 2 2017 Ranch Road Reclaim existing road surface, new bituminous surface 3 1033 10 0.5 2017 Red Willow Parkway Mill and Overlay 4 1041 10 0.3 2017 Skylark Drive Pulverize and Relay 5 1043 10 0.1 2017 Metoxen Rd Reclaim existing road surface, new bituminous surface 6 5041 810 1.7 2017 Town Rd $ - $ 254,616 $ 91,000 $ 91,000 Central Oneida - Pedestrian Infrastructure $ 50,000 $ 50,000 Transportation Planning $ 35,000 $ 35,000 $ 1,037,816 Pulverize and Relay, Minor Drainage Improvements 7 NA NA NA 2017 TTP Road Maintenance Crack Seal, patching for various roadways including Path Bear/Wolf 8 NA NA NA 2017 9 NA NA NA 2017 (TTP Funds for Planning) FY17 Totals Public Packet Priority 1 BIA Route # 5036 Section 810 Project Length 0.3 Page 48 of 534 Road Name Year of Constr 2018 Location (Start and End Points) Description of Work Maple Leaf Road Extension All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Other Total Estimated Cost Estimated Cost $ 25,000 Tribe $ 300,000 Tribe $ 25,000 Tribe $ 350,000 $ - Tribe $ 118,000 Tribe $ 2,760 Tribe $ 120,760 $ 25,000 Tribe $ 100,000 Tribe $ 10,000 Tribe $ 135,000 $ 25,000 Tribe $ 150,000 Tribe $ 25,000 Tribe $ 200,000 $ 35,000 $ 35,000 New Bituminous surface, curb and gutter 2 1059 10 0.5 2018 Takwatekha Court Reclaim existing road surface, new bituminous surface 3 1309 10 0.6 2018 Poplar Road Reclaim existing road surface, new bituminous surface 4 NA NA NA 2018 Oneida Trail projects Construction of new bituminous surface pedestrian trail projects 5 NA NA NA 2018 TTP Transportation Planning (TTP Safety, Planning and Inventory work) 6 NA NA NA 2018 Red Willow Parkway/Water Circle Place $ 25,000 Tribe $ 50,000 Tribe $ 25,000 Tribe $ - $ 100,000 $ 25,000 Tribe $ 50,000 Tribe $ 25,000 Tribe $ - $ 100,000 $ 1,040,760 Reclaim Existing road surface, new bituminous surface 7 NA NA NA 2018 Central Oneida - Pedestrain Infrastructure Streetscape FY18 Total Public Packet Priority 1 BIA Route # 1311 Section 10 Project Length 0.3 Page 49 of 534 Road Name Year of Constr 2019 Location (Start and End Points) Description of Work Uskah Village - Peter Hill Lane Extension All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Total Other Estimated Cost Estimated Cost $ 25,000 Tribe $ 104,500 Tribe $ 25,000 Tribe $ 154,500 $ 50,000 Tribe $ 300,000 Tribe $ 50,000 Tribe $ 400,000 $ 30,000 Tribe $ 300,000 Tribe $ 10,000 Tribe $ 340,000 $ 10,000 Tribe $ 30,000 $ 10,000 Reclaim existing road surface, new bituminous surface 2 5034 810 0.1 2019 Old Seymour Road Bridge/Drainage Structure Replacement 3 1307 20 0.22 2019 Culbertson Road Bridge/Drainage Structure Replacement 4 NA NA NA 2019 Oneida Trail projects $ - $ 50,000 $ 35,000 $ 35,000 $ 61,260 $ 61,260 $ 1,040,760 Construction of new bituminous surface pedestrian trail projects 5 NA NA NA 2019 TTP Transportation Planning (TTP Safety, Planning and Inventory work) 6 NA NA NA 2019 TTP Road Maintenance (TTP Construction Funds for TTP Road Maintenance) FY19 Total Public Packet Priority BIA Route # 1 5022 Section 810 Project Length 1.2 Page 50 of 534 Road Name Year of Constr 2020 Location (Start and End Points) Description of Work Seminary Road - Ranch to CTH E All Planning, Prelim Eng., Arch, Env, ROW Activities will be included as TOTAL PE costs per Project Estimated Cost Who/How Work Done Construction Estimated Cost Who/How Work Done Construction Engineering Estimated Cost Who/How Work Done Other Total Estimated Cost Estimated Cost $ 50,000 Tribe $ 505,760 Tribe $ 50,000 Tribe $ 605,760 $ 10,000 Tribe $ 230,000 Tribe $ 10,000 Tribe $ 250,000 $ 35,000 $ 35,000 $ 150,000 $ 150,000 $ 1,040,760 Realignment 2 NA NA NA 2020 Oneida Trail projects Construction of new bituminous surface pedestrian trail projects 3 NA NA NA 2020 TTP Transportation Planning (TTP Safety, Planning and Inventory work) 4 NA NA NA 2020 TTP Road Maintenance (TTP Construction Funds for TTP Road Maintenance) FY20 Total Project Information: Who/How Work Done: Possible Choices BIA Route # List all routes that will be worked on. Section List only those sections that will be worked on along with corresponding length Location List start and end points of where work will be performed (road names, rivers, end, etc.) Description of Work List as much detail as you can including existing road type and work to be performed Estimated Cost: Provide dollar amounts that you estimate will be required for each project/phase utilizing new funds from that year only. Prior year money obligated to contract should not be listed here. BIA BIA will perform direct service (DS) work for the Tribe as outlined in a Retained Service Agreement (RSA) as approved/signed by the Tribe and BIA. (Self Determination, G2G, and Self Gov Tribes can all elect to receive these services) 638 Self Determination Tribe will enter into a P638 contract with the BIA and either perform work with in-house staff or subcontract work out to consultant/contractor. Coop Tribe can receive funding through a P638 contract, G2G, or Self Gov Agreement. Tribe will then enter into a 2-party (Coop) agreement with County, State, Township etc. who will usually serve as the lead agency for the project. Tribe Tribe administers program/project through a Self Governance or G2G Agreement. Public Packet Page 51 of 534 Susan White, Trust Enrollment Director Public Packet Page 52 of 534 Public Packet Page 53 of 534 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 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Office of Special Trustee – Sign Off Authority WHEREAS, the Oneida Nation (formerly known as the Oneida Tribe of Indians of Wisconsin) is a federally recognized government and Treaty Tribe recognized by the law of the United States; 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 I of the Oneida Constitution by the Oneida General Tribal Council, and WHEREAS, the Office of Special Trustee for American Indians has requested the Tribe to determine who is officially authorized to instruct Office of Trust Funds Management to disburse funds and to make investments for the Tribe, and WHEREAS, the Office of Special Trustee requested the authorized officials to be approved by Tribal Resolution; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the following officials to instruct the Office of Trust Funds Management to disburse funds and to make investments for the Tribe: The following individuals are recognized by Tribal Resolution to conduct Business with the Office of Trust Funds Management. Tribal officials Authorized to Receive Oneida Trust Fund Information: Name (Print) Signature Title Election Date Term Tehassi Hill Tribal Chairman July 2017 3 yrs Brandon Yellowbird-Stevens Tribal ViceChairman July 2017 3 yrs Lisa Summers Tribal Secretary July 2017 3 yrs Patricia King Tribal Treasurer July 2017 3 yrs Barbara “Bobbi” Webster Trust Enrollment Chairwoman July 2017 3 yrs Dylan Benton Trust Enrollment Vice-Chairman July 2016 3 yrs Public Packet Page 54 of 534 BC Resolution _____________ Office of Special Trustee – Sign Off Authority Page 2 of 2 Trust Enrollment Secretary Carole Liggins 34 35 36 July 2015 3 yrs Title Election Date Term Barbara “Bobbi” Webster Trust Enrollment Chairwoman July 2017 3 yrs Susan White Trust Enrollment Director N/A N/A Patrick Danforth Financial Analyst N/A N/A Tribal Officials Authorized to Provide Investment Instructions: Name (Print) 37 38 39 40 Tribal Officials Authorized to Initiate Disbursements (one from the Business Committee and one from the Trust Enrollment Committee required): Name (Print) 41 Signature Signature Title Election Date Term Tehassi Hill Tribal Chairman July 2017 3 yrs Brandon Yellowbird-Stevens Tribal ViceChairman July 2017 3 yrs Lisa Summers Tribal Secretary July 2017 3 yrs Patricia King Tribal Treasurer July 2017 3 yrs Barbara “Bobbi” Webster Trust Enrollment Chairwoman July 2017 3 yrs Susan White Trust Enrollment Director N/A N/A Patrick Danforth Financial Analyst N/A N/A Public Packet Page 55 of 534 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Office of Special Trustee – Sign Off Authority Summary This Resolution identifies officials who are granted the authority to instruct the Office of Trust Funds Management to disburse funds and to make investments for the Nation. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: November 20, 2017 Analysis by the Legislative Reference Office This Resolution states that the Office of Special Trustee for American Indians has requested the Nation to determine who is officially authorized to instruct Office of Trust Funds Management to disburse funds and to make investments for the Nation. The Resolution then goes on to approve officials for the authorization to instruct the Office of Trust Funds Management to disburse funds and to make investments for the Nation, and determines which officials are authorized to receive Oneida Trust Fund Information, to provide investment instructions, and initiate disbursements. Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Public Packet Page 56 of 534 Public Packet Page 57 of 534 Public Packet Page 58 of 534 Regular Trust Enrollment Committee Minutes 28 November 2017 Page 4 of 5 B. Renewal of the Lakota Loan Fund – Patrick Danforth Debra Powless motioned to table the item. Seconded Dylan Benton. Elaine SkenandoreCornelius and Carole Liggins opposed. The motion failed due to lack of support. Debra Powless stated for the record that she believed there was time to meet her e-mail request on November 24, 2017 for a report on Lakota Loan Fund’s financial history and the businesses they loan to because Lakota Loan Fund was on the agenda. Carole Liggins motioned to accept the update as information and for more information be provided at the next meeting. Seconded Elaine Skenandore-Cornelius. Motion carried unanimously. C. Enrollment Membership – Cheryl Skolaski 9-28-17 Motion to approve report. 10-24-17 Concerns of DOLM’s customer service with the cemetery. Motion to approve update. 11-28-17 – Status Update Elaine Skenandore-Cornelius motioned to accept the update. Seconded Carole Liggins. Motion carried unanimously. D. Office of Special Trustee Sign-Off Authority – Needs Approval Norbert Hill Jr. motioned to approve the draft BC Resolution “Office of Special Trustee-Sign Off Authority” Seconded Elaine Skenandore-Cornelius. Motion carried unanimously. E. OBC-OTEC MOA – Needs Approval Attorney Robert Collins noted a revision on Page 2, 5th Whereas to remove “Section VII of”, and on Page 4, 6th Whereas to change “Judicial System” with “Judiciary”. Elaine Skenandore-Cornelius motioned to approve the OBC-OTEC MOA with noted changes. Seconded Norbert Hill Jr. Motion carried unanimously. F. Travel Report - SRI Conference – Susan White & Carole Liggins Carole Liggins recommended the next Annual SRI Conference be budgeted for two Trust Enrollment Committee Members and the Trust Enrollment Director to attend. Elaine Skenandore-Cornelius motioned to approve the travel report. Seconded Dylan Benton. Motion carried unanimously. G. December’s Calendar – Needs Approval Bobbi Webster noted that if the BC does not meet quorum for the 4th Quarterly Joint OTECOBC Meeting, then the Regular Trust Enrollment Committee will begin at 3pm. Carole Liggins motioned to approve December’s Calendar. Seconded Norbert Hill Jr. Motion carried unanimously. VIII. Other Business Public Packet Page 59 of 534 Public Packet Page 60 of 534 Public Packet Page 61 of 534 MEMORANDUM TO: ONEIDA BUSINESS COMMITTEE CC: FINANCE COMMITTEE FR: PATRICIA KING, TREASURER DT: DECEMBER 4, 2017 RE: APPROVAL OF THE ACHESON ENDOWMENT The Finance Committee has been working over the past year on the creation of the Acheson Endowment in Accordance with the Endowments Law. The Finance Committee at their November 13, 2017 meeting made the following motion: “Motion by Jennifer Webster to adopt the Acheson Endowment Resolution with the discussed changes to the final resolved section and forward to the Oneida Business Committee. Seconded by Daniel Guzman King. Motion carried unanimously.” The Finance Committee then asked me to send a clean corrected copy to the Business Committee for your review and approval. Also attached for your reference is the Statement of Effect as it pertains to this resolution. Thank You. Public Packet Page 62 of 534 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 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Phone: (920)869-2214 Oneida, WI 54155 Resolution # BC-______________ Creation of Acheson Education Endowment in Accordance with the Endowments Law WHEREAS, the Oneida General Tribal Council is the duly recognized governing body of the Oneida Nation, and WHEREAS, the General Tribal Council has been delegated the authority of Article IV, Section I of the Constitution of the Oneida Nation, and WHEREAS, the Oneida Business Committee may be delegated duties and responsibilities by the Oneida General Tribal Council and is at all times subject to the review powers of the Oneida General Tribal Council, and WHEREAS, WHEREAS, WHEREAS, Endowments Law the Oneida Business Committee adopted the Endowments law in February 2005 by resolution # BC-02-23-05-G which sets forth how endowments are created and managed endowment fund accounts which “are intended as a perpetual source of funding for specific purposes[, and] endowment fund accounts could be used to provide funding for areas such as health, education and support for Tribal members for burial and housing” Whereas # 6 and 7; and the Trust Enrollment Committee, which has been delegated by the General Tribal Council to manage the trust funds of the Tribe and has been given specific responsibilities under tribal laws such as the Per Capita law and the Endowments law, has identified that it is now time to begin formally creating the endowments under the Endowments law and as has been previously directed by General Tribal Council by actions such as resolution # GTC-06-30-90-A and addendum; and Floyd Acheson Bequest in 1980 Floyd Acheson bequeathed his estate to the “Floyd Acheson Oneida Indian Foundation;” and WHEREAS, the will was contested and all parties settled with the Oneida Nation receiving approximately $155,000 in mortgage notes; and WHEREAS, Floyd Acheson desired the funds to be used for “loans and scholarships for enrolled Oneida Indians and the general welfare and benefit of the Oneida Tribe of Indians of Wisconsin, Inc.” Oneida Business Committee minutes, July 3, 1980, p. 3; and WHEREAS, the Oneida Business Committee had authorized some uses of the funds in the intervening years and investment of the funds such that there is now approximately $1.05 million in current principle; and WHEREAS, Education and Scholarships the Oneida Nation has committed to education as a method of creating long term improvements for individuals, families and the community; and Finance Committee –Final – November 13, 2017 Public Packet Page 63 of 534 BC Resolution _____________ Creation of Acheson Education Endowment in Accordance with the Endowments Law Page 2 of 5 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 WHEREAS, the General Tribal Council had directed the development of an independent k-12 school system which is currently in place and operations exceed current standards for Bureau of Indian Education school systems with greater numbers of students graduating and attending higher education schools; and WHEREAS, the General Tribal Council has created the Oneida Higher Education Scholarship which provides non-needs based scholarships for members attending secondary and graduate level schools; and WHEREAS, the Higher Education Department has created programs to assist members in obtaining technical certificates and degrees; and WHEREAS, the Higher Education Department has identified that more members in high school are taking advance placement and college level courses who are not eligible for the Oneida Higher Education Scholarship or the departmental program but who require financial assistance to offset the costs of advanced placement and college level courses; and WHEREAS, Purpose of Acheson Education Fund the Education and Training Department has requested the development of an endowment utilizing the Floyd Acheson bequest for the purposes of assisting members in creating opportunities in the vocational and trades area of study; and WHEREAS, the Treasurer has identified a need to assist high school students in paying for advanced placement and college level courses while in high school; and WHEREAS, the Oneida Business Committee has determined that long term strategic stewardship of the funds would allow all educational goals of the Nation to be met; and WHEREAS, the Oneida Business Committee has recommended that the Acheson Education Endowment be created to fund educational opportunities beginning with funding educational opportunities for high school juniors and seniors pursuing vocation and trade careers, and high school juniors and seniors pursuing advanced placement and college level courses for high school students, assisting with expenses related to professional exams and licensing, funding higher education scholarships and eventually all education needs; and WHEREAS, Creating Endowments the Endowments law directs that the Oneida Business Committee shall approve or disapprove an endowment recommendation made by the Finance Committee (131.41(a)): and WHEREAS, the Oneida Business Committee believes that the funds set aside for the creation of an education trust from the Acheson bequest should be formally developed into an endowment and that additional funds should be identified for allocation to that fund; and WHEREAS, the Endowments law identifies that “the establishment of endowment fund accounts from private donors shall take no more than 120 calendar days from the date of notification from the Finance Committee of the donation received for the purpose of establishing an endowment fund account. These endowment fund accounts shall be exempt from the community meeting requirements” (131.5-1(b)); and Public Packet Page 64 of 534 BC Resolution _____________ Creation of Acheson Education Endowment in Accordance with the Endowments Law Page 3 of 5 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 WHEREAS, the Finance Committee, at a meeting on November 13, 2017, adopted a motion recommending the creation of the Acheson Education Endowment 1; and Endowment Created NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does hereby establish, in accordance with section 131.4-1(a) of the Endowments law, the Acheson Education Endowment, and directs that such funds held and invested from the Floyd Acheson bequest, approximately $1.05 million, be placed in the Acheson Education Endowment. Purpose of Endowment BE IT FURTHER RESOLVED, the Oneida Business Committee does hereby further direct that the Acheson Education Endowment shall be used for the purposes of creating programs and activities which shall support – • Priority 1: 2 costs associated with vocational and technical trades for adult members, and advanced placement and college level courses for members who are high school students outside of the Oneida Nation School System; 3 and • Priority 2: upon generating sufficient income to pay for Priority 1 expenses, excess disbursements shall be allocated for costs associated with professional exams and licensing; and • Priority 3: upon generating sufficient income to fund Priority 1 and Priority 2 expenses, excess disbursements shall be allocated to fund the higher education scholarship program; and • Priority 4: upon generating sufficient income to fund Priority 1, Priority 2, and Priority 3 expenses, excess disbursements shall be allocated to fund expenses related to all educational needs. The Trust Enrollment Committee, in accordance with sections 131.6 and section 131.8-1 of the Endowments law, shall develop the appropriate Standard Operating Procedures and necessary endowment documentation to fully implement the investment goals to fund the priorities set forth in this resolution. Disbursements of Endowment Income BE IT FURTHER RESOLVED, the Oneida Business Committee directs that no disbursements from the Acheson Education Endowment shall be made until Fiscal Year 2028 at which point disbursements will be made at 50% 4 of the interest income as calculated according to section 131.8-2 of the Endowment Law. This disbursement level may be increased up to 75% or decreased down to 0% by a two-thirds vote of the total number of members of the Finance Committee and a subsequent two-thirds vote of the total number of members of the Oneida Business Committee. BE IT FURTHER RESOLVED, the Chief Financial Officer may approve more specific Standard Operating Procedures to implement the general rules outlined in this Resolve. 1. Programs shall forward a list of adopted rules and the priority addressed to the Treasurer and Chief Financial Officer on or before November 1st of each year. 2. On or before January 31st of each year the Trust Enrollment Department shall forward to the Treasurer and Chief Financial Officer an estimated disbursement from the endowment. 3. The Treasurer and Chief Financial Officer shall notify programs which have rules adopted under the Administrative Rulemaking law in accordance with the purpose of the Acheson Education Endowment Fund of the availability of funds. 4. Programs with adopted rules under the Administrative Rulemaking law shall cooperatively identify how such funds shall be allocated within the proposed budget and forward the allocation determinations to the Chief Financial Officer on or before February 28th of each year. Failure to 1 Motion by Jennifer Webster to adopt the Acheson Endowment Resolution with the discussed changes to the final resolved section and forward to the Oneida Business Committee. Seconded by Daniel Guzman King. Motion carried unanimously. 2 Assuming this need is $150,000.00, this priority would be reached (using a 5% return and 50% disbursement, and no additional contributions). If the tribal contribution is $100,000.00 with a 5% return, this becomes year 32, at 6% return it becomes year 25. 3 It has been identified by the Oneida Nation School System that students in their schools are already fully covered for these expenses. 4 This can be increased up to 75% which increases disbursement but slows growth. Public Packet Page 65 of 534 BC Resolution _____________ Creation of Acheson Education Endowment in Accordance with the Endowments Law Page 4 of 5 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 submit a cooperatively developed allocation by the deadline shall result in the funds being returned to the endowment as principle. 5. The Trust Enrollment Department shall provide an update on the estimated disbursement on or before July 1st of each year to the Treasurer and Chief Financial Officer, who shall notify programs with adopted rules under the Administrative Rulemaking law of the updated estimated disbursement amount. Excess over the initial disbursement estimate shall be returned to the endowment as principle, shortages under the initial disbursement estimate shall require all programs utilizing the funds to collaboratively determine how expenses shall be reduced. No additional tribal contribution shall be made. Failure to submit a cooperatively developed reduced allocation by July 30th shall result in the funds being returned to the endowment as principle. 6. The Trust Enrollment Department shall make the authorized disbursement to the Nation’s banking account(s) as identified by the Chief Financial Officer during the month of October. 7. Funds disbursed from an endowment shall not displace tribal contribution from the Nation’s general fund until such time as the fund disbursements reach Priority #3. Provided that, reductions to programs based on budgeting processes shall not be prohibited. BE IT FURTHER RESOLVED, that rules developed by programs shall specifically identify this resolution number, title of the resolution, and the specific priority being addressed by the rule. BE IT FURTHER RESOLVED, that endowment disbursements under Rules cannot be allocated to costs associated with program delivery or personnel until Priority 4. BE IT FURTHER RESOLVED, that in any year in which there are no programming rules approved under the Administrative Rulemaking law or in which there are insufficient specific requests based on existing programming rules approved under the Administrative Rulemaking law, or the program fails to fully utilize the funds for the purpose for which the funds were disbursed in the fiscal year the funds were disbursed, excess funds shall be returned to the endowment as principle. Endowment Reporting BE IT FURTHER RESOLVED, that the Trust Enrollment Committee shall report to the General Tribal Council, in the Annual meeting materials, the status of the endowment with the following minimum information. 1. Principle. Current principle and history of the growth of the principle in reasonable increments from the establishment of the endowment. 2. Investment Income. Current investment income and history of investment income in reasonable increments from the establishment of the endowment. 3. Disbursements. Current disbursement and history of disbursement in reasonable increments from the establishment of the endowment. 4. Future/Trends. Projects of estimated future growth of the principle and investment income in reasonable increments for a minimum of 20 years. 5. Investment policy. The investment policy and types of investments made regarding the endowment. BE IT FURTHER RESOLVED, that the Trust Enrollment Committee shall maintain a history of the original allocation and additions to the principle with the pro rata share of gain/loss allocated to each original principle allocation for historical tracking. The original principle allocation shall be labeled Acheson bequest and any additional tribal contribution made shall be reported as a separate principle allocation titled Acheson Education Endowment - Tribal Contribution funds. BE IT FURTHER RESOLVED, that the Treasurer shall include in the Annual Report a list of endowments and how disbursements were allocated in the budget, including a list of Rules regarding the use of the funds. BE IT FURTHER RESOLVED, that the any program which utilizes Acheson Education Endowment Funds shall include in the quarterly reports to the Oneida Business Committee and the Annual Report a Public Packet Page 66 of 534 BC Resolution _____________ Creation of Acheson Education Endowment in Accordance with the Endowments Law Page 5 of 5 207 208 209 210 211 212 213 214 215 list of Rules regarding the use of the funds, the amount of endowment funding allocated, and disbursements made during the reporting period for quarterly reports and an aggregate reporting in the Annual Report. Funding Endowment BE IT FINALLY RESOLVED, that the Oneida Business Committee directs the Treasurer to budget at least $100,000.00 each fiscal year to the Acheson Education Endowment for a minimum of 10 years. At the end of 10 years, the Finance Committee shall review the fund to determine whether additional contributions are necessary to help reach the long-term goals for education. Public Packet Page 67 of 534 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Creation of Acheson Education Endowment in Accordance with the Endowments Law Summary This Resolution creates the Acheson Education Endowment in accordance with the Endowments law. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: December 4, 2017 Analysis by the Legislative Reference Office This Resolution creates the Acheson Education Endowment in accordance with the Endowments law. Floyd Acheson bequeathed his estate to the “Floyd Acheson Oneida Indian Foundation” with the desire for the funds to be used for loans and scholarships for enrolled members of the Oneida Nation and the general welfare and benefit of the Oneida Nation. The Nation received approximately one hundred and fifty five thousand ($155,000) dollars in mortgage notes, and the fund has grown to approximately one million and fifty thousand ($1,050,000) dollars in current principle. The Oneida Business Committee has recommended that funds set aside for the creation of an education trust from the Acheson bequest should be formally developed into the Acheson Education Endowment to fund educational opportunities, and that additional funds should be identified for allocation to the Acheson Education Endowment. The Endowments law charges the Oneida Finance Committee with establishing all endowment fund accounts, with final approval from the Oneida Business Committee. [see Endowments law section 131.5-1 and 131.4-1(a)]. The Oneida Finance Committee has recommended the creation of the Acheson Education Endowment, and with the adoption of this Resolution the Oneida Business Committee approves the establishment of the Acheson Education Endowment. The Endowments law allows a resolution creating an endowment to delegate rulemaking authority to create and enact a set of rules establishing requirements in accordance with the Administrative Rulemaking law, as authorized by the Endowments law, in order to implement, interpret and/or enforce the Endowments law. [see Endowments law section 131.11-1]. The delegation of rulemaking authority through this Resolution creating the Acheson Education Endowment allows programs which have adopted rules under the Administrative Rulemaking law in accordance with the purpose of the Acheson Education Endowment Fund to have the opportunity to access funding derived from the Acheson Education Endowment investments. This Resolution discusses the purpose and priorities of the endowment, the disbursement of endowment income, requirements for rules developed for the endowment, endowment reporting and funding the endowment. Page 1 of 2 Public Packet Page 68 of 534 Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet Page 69 of 534 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 13 / 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: -Consider Landlord-Tenant Amendments for adoption 3. Supporting Materials Report Resolution Contract Other: 1. Adoption Packet 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: David P. Jordan, 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 Public Packet Page 70 of 534 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 71 of 534 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155‐0365 Oneida‐nsn.gov TO: FROM: DATE: RE: Oneida Business Committee David P. Jordan, LOC Chairperson December 13, 2017 Landlord-Tenant Law Amendments Please find the following attached backup documentation for your consideration of the LandlordTenant law: 1. Resolution: Landlord-Tenant (Law) Amendments 2. Statement of Effect: Landlord-Tenant (Law) Amendments 3. Landlord-Tenant (Law) Amendments Fiscal Impact Statement 4. Landlord-Tenant (Law) Amendments Legislative Analysis 5. Landlord-Tenant (Law) Amendments Redline to Current Draft 6. Landlord-Tenant (Law) Amendments Clean Draft Overview This resolution adopts amendments to the Landlord-Tenant law which:  Include rent-to-own agreements in the definition of rental agreements by allowing them to extend beyond 1 year terms when entered on a rent-to-own basis [see 611.3-1(e)];  Include additional limitations on minimum rental eligibility requirements for the incomebased rental program which do not allow consideration of prior evictions from landlords outside the Nation or debt owed except for past due utility debts in excess of $200; and  Amend the provisions related to what process should be followed when a tenant passes away, both when there are no other household members and when the tenant leaves behind household members that have a continuing housing need.  Amend the definition of Comprehensive Housing Division in accordance with resolution BC-09-27-17-H. In accordance with the Legislative Procedures Act, a public meeting was held regarding this law on June 5, 2017 with a comment period closing on June 12, 2017. Those comments were considered by the Legislative Operating Committee (LOC) at a June 15, 2017 LOC work meeting and were thereafter formally accepted on the record at the June 21, 2017 LOC meeting. An additional public meeting was held on October 19, 2017 with a comment period closing on October 26, 2017. There were no comments, oral or written, submitted for the second public meeting. This Law will become effective ten business days after the date of adoption of the resolution as identified in section 109.9-3 of the Legislative Procedures Act. The anticipated effective date will be Monday, December 23, 2017. Requested Action Approve the Resolution: Landlord-Tenant (Law) Amendments Public Packet Page 72 of 534 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 WHEREAS, the Oneida Business Committee originally adopted the Landlord-Tenant law through resolution BC-10-12-16-C; and 13 14 15 16 17 18 WHEREAS, following adoption, the Oneida Business Committee adopted emergency amendments to the Landlord-Tenant law through resolution BC-01-25-17-C and extended those emergency amendments through resolution BC-07-26-17-I which revised the definition of rental agreement to include the rent-to-own agreements currently offered through the Oneida Housing Authority which may last longer than one (1) year; and 19 20 21 WHEREAS, as part of the process required by the Legislative Procedures Act to make such emergency amendments effective on a permanent basis, it was determined that additional amendments were necessary to: 22 23 24 25 26 27 28 29 30 31 BC Resolution _____________ Landlord-Tenant (Law) Amendments - - - Include additional limitations on minimum rental eligibility requirements for the income-based rental program which do not allow consideration of prior evictions from landlords outside the Nation or debt owed except for past due utility debts in excess of $200; and Amend the provisions related what process should be followed when a tenant passes away, both when there are no other household members and when the tenant leaves behind household members that have a continuing housing need. Amend the definition of Comprehensive Housing Division in accordance with resolution BC-09-27-17-H. 32 33 WHEREAS, a public meeting on the proposed Amendments was held on October 19, 2017 in accordance with the Legislative Procedures Act; and 34 35 36 NOW THEREFORE BE IT RESOLVED, that the amendments to the Landlord-Tenant law are hereby adopted and shall become effective on December 23, 2017 in accordance with the Legislative Procedures Act. Public Packet Page 73 of 534 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155‐0365 Oneida‐nsn.gov Statement of Effect Landlord-Tenant (Law) Amendments Summary This Resolution adopts Amendments to the Landlord-Tenant Law (the “Law”) which permanently adopt prior emergency amendments which included the Oneida Housing Authority’s (OHA’s) rent-to-own program in the definition of rental agreement and also include the following two other revisions to: 1) Include additional limitations on minimum rental eligibility requirements for the incomebased rental program which do not allow consideration of prior evictions from landlords outside the Nation or debt owed except for past due utility debts in excess of $200; and 2) Amend the provisions related what process should be followed when a tenant passes away, both when there are no other household members and when the tenant leaves behind household members that have a continuing housing need. Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office Analysis by the Legislative Reference Office This Law was originally adopted by Resolution BC-10-12-16-C. Thereafter, emergency amendments were adopted to include the income based rental program’s rent-to-own program within the Law’s definition of rental agreement. The emergency amendments were necessary because as written the Law applied to rental agreements that are defined as, “a written contract between a landlord and a tenant, whereby the tenant is granted the right to use or occupy the premises for a residential purpose for one (1) year or less.” The rental agreements in the Law were limited to one (1) year terms to fortify the policy requiring annual renewals of rental agreements and to avoid month-to-month tenancies. After the adoption of the Law it was discovered that income-based rental program’s rent-to-own program does not fall into the definition of rental agreements provided in the Law because the rental agreement for the rent-to-own program generally has a longer term, usually fifteen (15) years, with conveyance of the home at the satisfaction of the rental agreement. The emergency amendment to the Law maintains the polices the Law sets forth while incl [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%3A94dded8407dfd237. Public record. Not legal advice.