# Phone: (920)869-2214 (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aaa05b595ed067c5a ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Meeting Materials January 11, 2017 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 69 pages are the Open Session meeting materials presented at a meeting duly called, nRticed and held on the 11th day of January, 2017 and reconvened on the 13th day of JanuaUy 2017. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Open Packet Page 1 of 683 Oneida Business Committee Executive Session 9:30 a.m. Tuesday, January 10, 2017 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, January 11, 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 of Retirement and Years of Service – Don Denny Sponsor: p. 16 Michele Doxtator, Area Manager/Retail Profits III. ADOPT THE AGENDA pp. 1-15 IV. OATHS OF OFFICE A. Oneida Nation School Board – Margaret Ellis pp. 17-18 V. MINUTES A. Approve December 14, 2016, regular meeting minutes Sponsor: B. Approve December 16, 2016, special meeting minutes Sponsor: pp. 19-34 Lisa Summers, Tribal Secretary pp. 35-37 Lisa Summers, Tribal Secretary VI. RESOLUTIONS A. Adopt resolution entitled Resolution to Adopt the FY 2017-2020 Oneida Nation Tribal Transportation Improvement Plan (TTIP) and TTP Retained Services Agreement (RSA) Sponsor: Troy Parr, Assistant Division Director/Development B. Adopt resolution entitled Adoption of Community Support Fund Amendments Sponsor: Brandon Stevens, Councilman/Legislative Operating Committee Chair Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 1 of 15 pp. 38-44 pp. 45-70 Open Packet Page 2 of 683 C. Adopt resolution entitled Oneida Nation Seal and Flag Law Sponsor: pp. 71-88 Brandon Stevens, Councilman/Legislative Operating Committee Chair D. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary 1. Adopted resolution entitled Oneida Business Committee Regular Meeting Schedule pp. 89-98 Requestor: Lisa Summers, Tribal Secretary VII. STANDING COMMITTEES A. Legislative Operating Committee Chair: Brandon Stevens, Councilman 1. Accept Legislative Operating Committee FY ’16 4th quarter report pp. 99-102 2. Accept December 7, 2016, Legislative Operating Committee meeting minutes pp. 103-106 B. Finance Committee Chair: Trish King, Tribal Treasurer 1. Accept Finance Committee FY ’16 4th quarter report pp. 107-121 C. Community Development Planning Committee Chair: Melinda J. Danforth, Tribal Vice-Chairwoman 1. Accept Community Development Planning Committee FY ’16 4th quarter report p. 122 D. Quality of Life Committee Chair: Fawn Billie, Councilwoman 1. Accept Quality of Life Committee FY ’16 4th quarter report pp. 123-125 2. Accept November 10, 2016, Quality of Life Committee meeting minutes pp. 126-128 E. E-Polls 1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Approved AMERIND Risk Management Corp. premium payment for FY2017 in the amount of $141,043, as approved during Finance Committee meeting on December 19, 2016 pp. 129-160 Requestor: Trish King, Tribal Treasurer b. Approved December 19, 2016, Finance Committee meeting minutes Requestor: Trish King, Tribal Treasurer Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 2 of 15 pp. 161-170 Open Packet Page 3 of 683 VIII. APPOINTMENTS A. Approve BC subcommittee’s recommendation to appoint Glen Edward Golden, Terry Anderson Cornelius, Jeffrey Wade Johnson, Bryan James VanStippen, and Darius M. Parks to Oneida Total Integrated Enterprises Corporate Board Sponsor: David Jordan, Councilman pp. 171-173 IX. STANDING ITEMS A. Accept quarterly report regarding Work Plan for Cemetery Improvements Project # 14-002 pp. 174-178 Sponsor: James Petitjean, Interim Assistant Division Director/Development X. UNFINISHED BUSINESS A. Review community concern – # 2016-CC-21 regarding Tsyunhehkwa operations (This item is scheduled to be addressed 1st on the agenda) Sponsor: Tina Danforth, Tribal Chairwoman pp. 179-183 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. B. Direct Treasurer to provide status update on development of SOP’s for Economic Development and Diversification Set Aside Sponsor: Lisa Summers, Tribal Secretary pp. 184-188 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. C. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary 1. Approval of Option B: Distribute twenty-one (21) Garden of Lights complimentary passes on a first come, first serve basis Requestor: Lisa Summers, Tribal Secretary pp. 189-202 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 2. Approval of Membership Interest Assignment from Oneida Total Integrated Enterprises (OTIE) to Oneida Engineering Science & Construction (OESC) – contract # 2016-1347; and to authorize an Officer to sign the assignment on behalf of Oneida Nation pp. 203-222 Requestor: Jo Anne House, Chief Counsel Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 3 of 15 Open Packet Page 4 of 683 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. XI. NEW BUSINESS A. Review community concern - # 2017-CC-01 regarding Tribal I.D. cards Sponsor: pp. 223-224 Lisa Summers, Tribal Secretary B. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary 1. Approved exception to the Community Support Fund hotel rate limits to increase the limit to $100 for the Oneida Support Group at Standing Rock Requestor: Jo Anne House, Chief Counsel 2. Approved revised 2017 Quarterly Reporting schedule pp. 225-231 pp. 232-246 Requestor: Lisa Summers, Tribal Secretary 3. Approved 2017 Reporting Schedule for Oneida Business Committee Direct Reports pp. 247-255 Requestor: Lisa Summers, Tribal Secretary XII. TRAVEL A. TRAVEL REPORTS 1. Accept travel report – Vice-Chairwoman Melinda J. Danforth – Medicare, Medicaid, and Health Reform Policy Committee (MMPC) & Tribal Technical Advisory Group (TTAG) meetings – Washington D.C. – November 2-3, 2016 pp. 256-261 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 2. Accept travel report – Councilwoman Fawn Billie & Secretary Lisa Summers – Midwest Alliance of Sovereign Tribes (MAST) Post-Presidential Election Results Review – Prior Lake, MN – December 3-4, 2016 pp. 262-264 B. TRAVEL REQUESTS 1. Approve travel request – Vice-Chairwoman Melinda J. Danforth – 2017 Tribal Technical Advisory Group (TTAG) Face-to-Face meetings – Washington D.C. – March 1-2, July 12-13, 2017 Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 4 of 15 pp. 265-266 Open Packet Page 5 of 683 2. Approve travel request – Secretary Lisa Summers and two (2) additional BC Members – National Congress of American Indians (NCAI) 2017 Executive Council Winter Session – February 12-17, 2017 pp. 267-270 3. Approve travel request – Chairwoman Tina Danforth, Secretary Lisa Summers, and one (1) additional BC Member – Midwest Alliance of Sovereign Tribes (MAST) Impact Week – Washington D.C. – March 21-24, 2017 pp. 271-275 4. Approve travel request – Chairwoman Tina Danforth – National Indian Gaming Association (NIGA) Indian Gaming Tradeshow & Convention – San Diego, CA – April 10-13, 2017 pp. 276-282 C. E-POLLS 1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Failed travel request - Seven (7) DOLM employees and one (1) Law Office employee to attend the BIA Midwest Region Real Estate Services Technical Guidance and Training - Prior Lake, MN - December 12-15, 2016 pp. 283-301 Requestor: Nicole Rommel, Finance and Records Area Manager/Division of Land Management EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. b. Approved travel request – Secretary Lisa Summers and one (1) staff member – Tribal Caucus and Inter-Tribal Criminal Justice Council meetings – Baraboo, WI – January 17-19, 2017 Requestor: Lisa Summers, Tribal Secretary c. Approved travel request – Councilwoman Fawn Billie – Tribal Actin Plan Development Workshop: Tribal Law and Order Act Training Initiative – Columbia, SC – January 25-27, 2017 Requestor: Fawn Billie, Councilwoman pp. 302-306 pp. 307-318 XIII. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. UNFINISHED REPORTS 1. Accept Comprehensive Health Division FY ’16 4th quarter report (1:30 p.m.-1:40 p.m.) Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Medical Director/Medical Operations EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 5 of 15 pp. 319-341 Open Packet Page 6 of 683 operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Comprehensive Health Division FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan. Motion carried unanimously. 2. Accept Land Claims Commission FY ’16 quarter report (1:40 p.m.-1:50 p.m.) pp. 342-344 Vice-Chair: Loretta Metoxen Liaison: Brandon Stevens, Councilman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Land Claims Commission FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan. Motion carried unanimously. 3. Accept Self-Governance FY ’16 4th quarter report (1:50 p.m.-2:00 p.m.) Sponsor: pp. 345-350 Chris Johns, Coordinator/Self-Governance EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 4. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report pp. 351-370 (2:00 p.m.-2:10 p.m.) Chair: Butch Rentmeester Liaison: Tehassi Hill, Councilman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 5. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report pp. 371-378 (2:10 p.m.-2:20 p.m.) Chair: Jacquelyn Zalim Liaison: Tehassi Hill, Councilman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 6 of 15 Open Packet Page 7 of 683 6. Accept Bay Bancorporation Inc. FY ’16 4th quarter report (2:20 p.m.-2:30 p.m.) pp. 379-382 President: Jeff Bowman Liaison: Tina Danforth, Tribal Chairwoman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 7. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report pp. 383-387 (2:30 p.m.-2:40 p.m.) President: Janice Skenandore-Hirth Liaison: Trish King, Tribal Treasurer EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 8. Accept Oneida Golf Enterprise FY ’16 4th quarter report (2:40 p.m.-2:50 p.m.) Agent: Liaison: pp. 388-392 Janice Skenandore-Hirth Trish King, Tribal Treasurer EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 9. Accept Emergency Management FY ’16 4th quarter report as information Sponsor: pp. 393-398 Kaylynn Gresham, Director/Emergency Management Dept. EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. B. OPERATIONAL REPORTS 1. Accept Retail Enterprises FY ’16 4th quarter report (2:50 p.m.-3:00 p.m.) pp. 399-414 Sponsor: Michele Doxtator, Area Manager/Retail Profits C. BOARDS, COMMITTEES, COMMISSIONS 1. Accept Personnel Commission FY ’16 4th quarter report (3:00 p.m.-3:10 p.m.) Chair: Liaison Alternate: Yvonne Jourdan David Jordan, Councilman Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 7 of 15 pp. 415-435 Open Packet Page 8 of 683 2. Accept Land Commission FY ’16 4th quarter report (3:10 p.m.-3:20 p.m.) Chair: Liaison: pp. 436-438 Rae Skenandore Tehassi Hill, Councilman XIV. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card) A. Schedule special General Tribal Council meeting, as directed by General Tribal Council, on February 20, 2017; and approve draft agenda Sponsor: Lisa Summers, Tribal Secretary pp. 439-441 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. B. Petitioner Edward Delgado: Oneida panel of educators and retention of kindergarten students 1. Accept legislative analysis progress report from December 14, 2016 Sponsor: 2. Accept legislative analysis Sponsor: pp. 450-452 Larry Barton, Chief Financial Officer 6. Accept update regarding financial analysis Sponsor: pp. 448-449 Jo Anne House, Chief Counsel 5. Accept financial analysis progress report from December 14, 2016 Sponsor: pp. 446-447 Jo Anne House, Chief Counsel 4. Accept update regarding legal analysis Sponsor: pp. 444-445 Brandon Stevens, Councilman/Legislative Operating Committee Chair 3. Accept legal analysis progress report from December 14, 2016 Sponsor: pp. 442-443 Brandon Stevens, Councilman/Legislative Operating Committee Chair pp. 453-454 Larry Barton, Chief Financial Officer EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Offices to submit their analyses within sixty (60) days; and that a progress report be submitted within forty-five (45) days, seconded by David Jordan. Motion carried unanimously. C. Accept verified petition submitted by Sherrole Benton regarding request to change preemployment drug testing for marijuana; and request appropriate analyses Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 8 of 15 pp. 455-468 Open Packet Page 9 of 683 EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. D. Assign committee members to work on the General Tribal Council directive regarding establishment of legal office with advocates and advising attorney for Oneida Nation employees and enrolled Tribal Members Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman pp. 469-470 E. Accept report regarding remaining GTC agenda items for the record Sponsor: pp. 471-476 Lisa Summers, Tribal Secretary F. Approve scheduling General Tribal Council FY 2017 budget meeting on Monday, March 27, 2017; approve original FY 2017 budget packet to be sent to Oneida Printing; and schedule a special Business Committee meeting on Friday, February 24, 2017 to approve addendum Sponsor: Trish King, Tribal Treasurer pp. 477-558 G. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary 1. Accepted Fletcher, PLLC legal analysis of June 13, 2016, General Tribal Council meeting regarding per capita for the record Requestor: Larry Barton, Chief Financial Officer pp. 559-673 2. Approved special General Tribal Council meeting date, as directed by General Tribal Council, on February 20, 2017; and approved meeting materials Requestor: Lisa Summers, Tribal Secretary pp. 674-675 3. Approved draft agenda; and to schedule a special General Tribal Council meeting on Sunday, March 19, 2016 at 1:00 p.m. Requestor: Lisa Summers, Tribal Secretary pp. 676-683 XV. EXECUTIVE SESSION A. UNFINISHED REPORTS 1. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report Chair: Liaison: pp. 684-690 Butch Rentmeester Tehassi Hill, Councilman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 2. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report Chair: Liaison: Jacquelyn Zalim Tehassi Hill, Councilman Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 9 of 15 pp. 691-697 Open Packet Page 10 of 683 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 3. Accept Bay Bancorporation Inc. FY ’16 4th quarter report pp. 698-709 President: Jeff Bowman Liaison: Tina Danforth, Tribal Chairwoman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 4. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report pp. 710-743 President: Janice Skenandore-Hirth Liaison: Trish King, Tribal Treasurer EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 5. Accept Oneida Golf Enterprise FY ’16 4th quarter report Agent: Liaison: pp. 744-753 Janice Skenandore-Hirth Trish King, Tribal Treasurer EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 6. Accept Chief Counsel report dated December 13, 2016 – Jo Anne House, Chief Counsel pp. 754-777 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. B. REPORTS 1. Accept Retail Enterprises FY ’16 4th quarter report from December 28, 2016 (This item is scheduled to begin at 1:30 p.m.) Sponsor: Michele Doxtator, Area Manager/Retail Profits Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 10 of 15 pp. 778-812 Open Packet Page 11 of 683 2. Intergovernmental Affairs & Communications report from December 28, 2016 – Nathan King, Director 3. Chief Financial Officer report from December 28, 2016 – Larry Barton, Chief Financial pp. 813-843 pp. 844-849 Officer 4. Chief Counsel report from December 28, 2016 – Jo Anne House, Chief Counsel p. 850 C. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Accept Oneida Golf Enterprise – Ladies Professional Golf Association update Sponsor: pp. 851-861 Trish King, Tribal Treasurer a. Accept update regarding requested vendor list Sponsor: Larry Barton, Chief Financial Officer pp. 862-865 b. Accept update regarding procedure for draw down decisions Sponsor: Larry Barton, Chief Financial Officer pp. 866-869 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM NOVEMBER 23, 2016: (1) Motion by David Jordan to accept the update regarding Oneida Golf Enterprise – Ladies Professional Golf Association, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Jennifer Webster for the Chief Financial Officer to provide a top 30 vendor list with low and high spend ranges for each vendor to the Business Committee team representatives that include Secretary Lisa Summers, Treasurer Trish King, and Danelle Wilson no later than December 9, 2016, seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Chief Financial Officer to provide a written procedure identifying how draw down decisions are made against their approved loan agreement, including a flow chart of how the payments are processed once the requests come in from Oneida Golf Enterprise; and that’s to be done by December 16, 2016, seconded by Fawn Billie. Motion carried unanimously. D. AUDIT COMMITTEE Chair: Councilman Tehassi Hill 1. Accept Audit Committee FY ’16 4th quarter report pp. 870-872 2. Accept October 13, 2016, Audit Committee meeting minutes pp. 873-876 E. UNFINISHED BUSINESS 1. Accept update regarding Departments of Public Works HVAC contracts Sponsors: Brandon Stevens, Councilman/Legislative Operating Committee Chair EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to defer this item to the Legislative Operating Committee, Law Office, and Purchasing Department to develop policies Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 11 of 15 pp. 877-879 Open Packet Page 12 of 683 and solutions; and for an update to be brought back within sixty (60) days, seconded by Jennifer Webster. Motion carried with one abstention. 2. Approve recommendation to terminate appointment of Oneida Library Board member pp. 880-882 Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM NOVEMBER 23, 2016: Motion by David Jordan to defer the request back to the Chair’s Office; and to request a recommendation be provided at the December 14, 2016, regular Business Committee meeting, in accordance with section 6-5 of the Comprehensive Policy Governing Boards, Committees, and Commissions, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 3. Final Monitoring Report regarding on-site performance review of Indian Housing Block Grant and Indian Community Development Block grant programs: a. Accept funding recommendation regarding finding # 2016-IHBG-3 Sponsors: Dale Wheelock, Executive Director/Oneida Housing Authority; Jacque Boyle, Director/Development Division-Operations; Larry Barton, Chief Financial Officer pp. 883-885 EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. b. Accept status report from Legislative Operating Committee regarding completion of tribal policy to address finding # 2016-IHBG-4 Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster to assign the Legislative Operating Committee to bring back a status report on the completion of tribal policy that would address finding # 2016-IHBG-4 for the December 14, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 12 of 15 pp. 886-887 Open Packet Page 13 of 683 at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 4. Accept update regarding Duck Creek Trail strategy pp. 888-892 Sponsors: Nathan King, Director/Intergovernmental Affairs & Communications EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to direct the Intergovernmental Affairs & Communications Dept. and the Development Division to work with the Law Office regarding the right-of-way and signage issues; and to bring back an update to the December 14, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. 5. Approve fifty-four (54) new enrollments Sponsor: pp. 893-898 Brandon Stevens, Councilman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 6. Review complaint # 2016-DR06-08 Sponsor: pp. 899-999 Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 7. Review complaint # 2016-DR06-09 Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 13 of 15 pp. 910-936 Open Packet Page 14 of 683 8. Review complaint # 2016-DR06-10 Sponsor: pp. 937-945 Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 9. Accept update regarding Tribal Ombudsman position Sponsor: pp. 946-960 Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 10. Review results of Investigative Case # 16-61 and determine next steps Sponsor: pp. 961-969 Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. 11. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Approved Government Policy Solutions – contract # 2016-1287 Requestor: Nathan King, Director/Intergovernmental Affairs & Communications pp. 970-981 b. Approved Pace LLP – contract # 2016-1286 Requestor: Nathan King, Director/Intergovernmental Affairs & Communications pp. 982-992 c. Approved Cooperative Governance Agreement between Oneida Nation and Town of Oneida – contract # 2016-1357 pp. 993-1007 Requestor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled. EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 14 of 15 Open Packet Page 15 of 683 F. NEW BUSINESS 1. Accept update regarding Back Forty Mine and determine next steps (This item is scheduled to begin at 9:30 a.m.) Sponsor: Brandon Stevens, Councilman 2. Adopt resolution entitled Regarding Pardon of Roxanne McDowell Sponsor: pp. 1011-1013 Lisa Summers, Tribal Secretary 3. Adopt resolution entitled Regarding Pardon of Thomas Christjohn Sponsor: pp. 1008-1010 pp. 1014-1016 Lisa Summers, Tribal Secretary 4. Approve limited waiver of sovereign immunity – Bank of America National Association-First Amendment to Amended and Restated Credit Agreement – contract # 2012-0027 Sponsor: Larry Barton, Chief Financial Officer pp. 1017-1025 5. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Adopted resolution entitled Resolution to Adopt the First Amendment to the Business Committee 401K Savings Plan Requestor: Larry Barton, Chief Financial Officer pp. 1026-1036 b. Adopted resolution entitled Resolution to Adopt the First Amendment to the Public Safety Officer Pension Plan, with noted change Requestor: Larry Barton, Chief Financial Officer pp. 1037-1051 6. Determine next steps regarding appointments to the Oneida Total Integrated Enterprises corporate board Sponsor: David Jordan, Councilman pp. 1052-1182 XVI. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:00 p.m., on Friday, January 6, 2017, pursuant to the Open Records and Open Meetings Law, section 7.17-1. The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214. Oneida Business Committee Regular Meeting Agenda of January 11, 2017 Page 15 of 15 Open Packet Page 16 of 683 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 1 / 11 / 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: Recognition of Don Denny's years of service as he retires from Oneida Retail. Don's last day was on December 30th. 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: Michele Doxtator, Area Manager/Retail Profits Primary Requestor/Submitter: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Open Packet Page 17 of 683 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 28 / 16 Meeting was cancelled. ============= 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 Board Members Margaret Ellis to the Oneida School Board 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Kathleen M. Metoxen, executive Tribal Clerk Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Open Packet Page 18 of 683 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the October 20, 2016 issue of the Kalihwisaks for (2) vacancies on the School Board for a (3) year term with the deadline of November 18, 2016. There were (2) applicants (one withdrew) for the (2) vacancies on the Oneida School Board. The appointment was made by the Oneida School Board at their December 5, 2016 School Board meeting. Per the School Board By-Laws, the School Board took the following actions for the vacancy left unfilled due to the 2016 Elections: Resignation/Board Vacancy Should a vacancy occur within the School Board, the following activities shall be undertaken to ensure the continuous operation of the Board in its charge to the School and the community: Should the member submit a letter of resignation, the Board shall act at its earliest convenience to accept or decline the resignation. Once a vacancy is documented, if the vacancy occurs within one year or less left on their term, that term will remain intact until the next election. If the time is more that one year left on the term, the Board shall first contact the highest non-elected candidate from the most recent election. If that person is willing to serve, he or she shall be appointed by the Board to fill the remainder of the vacated term. If the highest non-elected candidate from the most recent election declines the position, the Board shall publish its vacancy in the Kalihwisaks and ask for interested parents or community members. Upon deadline date, the School Board Chairperson will appoint, with School Board ratification, at the next regular School Board meeting. Subsequently, the School Board has requested the Executive Tribal Clerk to repost the second vacancy. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 19 of 683 Oneida Business Committee Agenda Request 1. Meeting Date Requested: ============= 12 / 28 / 16 Meeting was cancelled. 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 December 14, 2016, regular meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. December 14, 2016, 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: Heather Heuer, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 20 of 683 DRAFT Oneida Business Committee Executive Session 9:00 a.m. Tuesday, December 13, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, December 14, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes - DRAFT EXECUTIVE SESSION Present: Chairwoman Tina Danforth, Treasurer Trish King, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers; Arrived at: ; Others present: Larry Barton, Jo Anne House, Jacque Zalim, Jeff House, Jeff Bowman, Janice Skenandore-Hirth, Steve Ninham, Jeanne Nault, Josh Doxtator, Justin Fox; REGULAR MEETING Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Tehassi Hill, Jennifer Webster; Not Present: Secretary Lisa Summers, Councilwoman Fawn Billie, Councilman David Jordan, Councilman Brandon Stevens; Arrived at: ; Others present: Jo Anne House, Heather Heuer, Debra Danforth, Michele Doxtator, Mike Debraska, Tammy Skenandore, Rick Ereck, Geraldine Danforth, Jessica Wallenfang, Mike Hill, Judi Skenandore, Dr. Ravinder Vir, Chris Johnson, Julie Barton, Cathy Metoxen, Lora Skenandore, Danelle Wilson, Kathy Metoxen, Vicki Cornelius, Joanie Buckley, Nancy Barton, Ed Delgado, Candice Skenandore, Tonya Webster, Gina Buenrostro, Leyne Orosco, Kaylynn Gresham, Jamie Betters, Chris Johns, Madelyn Genskow, Larry Barton, Jeff Metoxen, Rich Vanboxtel, Sheri Forgette, Sandra Schuyler, Mary Cornelissen, Cathy Bachhuber, Barbara Dickson, Lisa Liggins, Kathy Metoxen, Saquoia Metoxen, Yvette Peguro, Chris Wells, Niki Disterhaft, Jamie Kallies; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:02 a.m. For the record: Secretary Lisa Summers and Councilman David Jordan are on personal time. Councilwoman Fawn Billie is attending the Governor’s Task Force session on opioid and heroine abuse. Councilman Brandon Stevens is on vacation time. There will not be a quorum for the afternoon as Chairwoman Tina Danforth has a personal appointment and Treasurer Trish King will be taking personal time. II. OPENING Prayer by Councilman Tehassi Hill A. Recognition of retirement – Judi Skenandore with 42 years of service Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 1 of 15 Open Packet Page 21 of 683 DRAFT B. Presentation of Exxon/Mobil Education Alliance & Oneida Retail $500 grants to Oneida Nation High School, Oneida Nation Elementary, Pioneer Elementary, King Elementary, Lannoye Elementary, and Hillcrest Elementary Sponsor: Michele Doxtator, Area Manager/Retail Profits C. Kanolukhwásla – LZ Lambeau “Welcoming Home Wisconsin’s Vietnam Veterans” – Appreciation gift presented by Rick Ereck Sponsor: Jennifer Webster, Councilwoman III. ADOPT THE AGENDA (00:24:05) Motion by Melinda J. Danforth to adopt the agenda, noting item “VII.B. Review letter regarding law enforcement agencies and Tribal Members on tribal land” is scheduled to begin at 10:00 a.m.; and the Business Committee meeting will conclude at noon, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers IV. OATHS OF OFFICE (00:26:08) administered by Chairwoman Tina Danforth A. Oneida Election Board – Gina Powless-Buenrostro, Tonya Webster B. Oneida Pow Wow Committee – Vicki Cornelius V. MINUTES (00:28:46) A. Approve November 23, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Melinda J. Danforth to approve the November 23, 2016, regular meeting minutes, seconded by Jennifer Webster. Motion carried with one abstention: Ayes: Melinda J. Danforth, Trish King, Jennifer Webster Abstained: Tehassi Hill Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers VI. STANDING COMMITTEES A. Legislative Operating Committee Chair: Brandon Stevens, Councilman 1. Accept November 16, 2016, Legislative Operating Committee meeting minutes (00:31:32) Motion by Jennifer Webster to accept the November 16, 2016, Legislative Operating Committee meeting minutes, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 2 of 15 Open Packet Page 22 of 683 DRAFT B. Finance Committee Chair: Trish King, Tribal Treasurer 1. Approve December 5, 2016, Finance Committee meeting minutes (00:48:39) Motion by Trish King to approve the December 5, 2016, Finance Committee meeting minutes, seconded by Tehassi Hill. Motion carried with one abstention: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King Abstained: Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers VII. UNFINISHED BUSINESS Chairwoman Tina Danforth departs at 11:30 a.m. and Vice-Chairwoman Melinda J. Danforth assumes responsibility of the Chair. Chairwoman Tina Danforth returns at 11:46 a.m. and resumes responsibility of the chair. A. Accept follow-up report regarding Bureau of Indian Affairs – General Assistance Grant funds (2:27:00) Sponsor: Chris Johns, Coordinator/Self-Governance EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to accept the update; to request a follow-up report to be completed by the GSD Division Director and Self-Governance Coordinator; and to direct the issue to the IGAC Director for the coordination of legislative followup at the federal level, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM AUGUST 24, 2016: (1) Motion by Jennifer Webster to accept the request as information; and to request the Governmental Services Division and Self-Governance Director to provide a report, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main motion by Lisa Summers to defer this item to a Business Committee Officer’s for continued monitoring and follow-up; and to request the initial report be brought back within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. Motion by Melinda J. Danforth to accept the report from the Self-Governance Coordinator and Economic Support Services Director; and to request a report from the Governmental Services Division Director to address how they will deal with future deficits in the General Assistance Grant funds to be submitted for the December 28, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers B. Review letter regarding law enforcement agencies and Tribal Members on tribal land (This item is scheduled to begin at 10:00 a.m.) (1:11:45) Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM NOVEMBER 23, 2016: Motion by David Jordan to defer this item to the December 14, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried with one opposed. Motion by Melinda J. Danforth that the Business Committee respectfully requests the Chief of Police to do a follow-up letter to tribal members that live in Outagamie County regarding the jurisdiction of the Oneida Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 3 of 15 Open Packet Page 23 of 683 DRAFT Police Department and Outagamie County Sheriff’s Department, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers VIII. NEW BUSINESS A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers B. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary 1. Approval of Option B: Distribute twenty-one (21) Garden of Lights complimentary passes on a first come, first serve basis Requestor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 2. Approval of Membership Interest Assignment from Oneida Total Integrated Enterprises (OTIE) to Oneida Engineering Science & Construction (OESC) – contract # 2016-1347; and to authorize an Officer to sign the assignment on behalf of Oneida Nation Requestor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers C. Direct Treasurer to provide status update on development of SOP’s for Economic Development and Diversification Set Aside at the December 28, 2016, regular Business Committee meeting Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 4 of 15 Open Packet Page 24 of 683 DRAFT Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers IX. TRAVEL A. TRAVEL REPORTS 1. Accept travel report – Vice-Chairwoman Melinda J. Danforth – Medicare, Medicaid, and Health Reform Policy Committee (MMPC) & Tribal Technical Advisory Group (TTAG) meetings – Washington D.C. – November 2-3, 2016; and approve request to attend the February 2017 and July 2017 TTAG meetings in Washington D.C. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers B. TRAVEL REQUESTS 1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Failed travel request - Seven (7) DOLM employees and one (1) Law Office employee to attend the BIA Midwest Region Real Estate Services Technical Guidance and Training - Prior Lake, MN - December 12-15, 2016 Requestor: Nicole Rommel, Finance and Records Area Manager/Division of Land Management Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers X. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. UNFINISHED REPORTS 1. Accept Comprehensive Health Division FY ’16 4th quarter report Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Medical Director/Medical Operations EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Land Claims Commission FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan. Motion carried unanimously. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 5 of 15 Open Packet Page 25 of 683 DRAFT Ayes: Not Present: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 2. Accept Land Claims Commission FY ’16 quarter report Vice-Chair: Loretta Metoxen Liaison: Brandon Stevens, Councilman EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Land Claims Commission FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan. Motion carried unanimously. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers B. OPERATIONAL REPORTS 1. Accept Self-Governance FY ’16 4th quarter report Sponsor: Chris Johns, Coordinator/Self-Governance Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 2. Accept Emergency Management FY ’16 4th quarter report Sponsor: Kaylynn Gresham, Director/Emergency Management Dept. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers C. CORPORATE BOARD REPORTS 1. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report Chair: Liaison: Butch Rentmeester Tehassi Hill, Councilman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 6 of 15 Open Packet Page 26 of 683 DRAFT 2. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report Chair: Liaison: Jacquelyn Zalim Tehassi Hill, Councilman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 3. Accept Bay Bancorporation Inc. FY ’16 4th quarter report President: Jeff Bowman Liaison: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 4. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report President: Janice Skenandore-Hirth Liaison: Trish King, Tribal Treasurer Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 5. Accept Oneida Golf Enterprise FY ’16 4th quarter report Agent: Liaison: Janice Skenandore-Hirth Trish King, Tribal Treasurer Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 6. Defer Oneida Seven Generations Corporation FY ’16 4th quarter report to December 28, 2016, regular Business Committee meeting Agent: Pete King III Liaison: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 7 of 15 Open Packet Page 27 of 683 DRAFT XI. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card) A. Schedule special General Tribal Council meeting, as directed by General Tribal Council, on February 20, 2017; and approve draft agenda Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers B. Accept verified petition submitted by Sherrole Benton regarding request to change preemployment drug testing for marijuana; and request appropriate analyses Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers C. Petitioner Edward Delgado: Oneida panel of educators and retention of kindergarten students 1. Accept financial analysis progress report Sponsor: Larry Barton, Chief Financial Officer EXCERPT FROM OCTOBER 26, 2016: (1) Motion by Lisa Summers to accept the verified petition submitted by Edward Delgado regarding Oneida panel of educators and retention of kindergarten students; and to request appropriate analyses, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Offices to submit their analyses within sixty (60) days; and that a progress report be submitted within forty-five (45) days, seconded by David Jordan. Motion carried unanimously. (4) Motion by Lisa Summers to direct the Direct Reports Offices to submit the appropriate administrative analysis to the Tribal Secretary’s Office within thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 8 of 15 Open Packet Page 28 of 683 DRAFT D. Review Fletcher, PLLC legal analysis of June 13, 2016, General Tribal Council meeting regarding per capita and determine next steps Sponsor: Larry Barton, Chief Financial Officer EXCERPT FROM AUGUST 24, 2016: (1) Motion by Melinda J. Danforth to take this item from the table, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by Chairwoman Tina Danforth. (3) Motion by David Jordan to request an external third party attorney’s office to provide an opinion regarding the per capita actions taken by the General Tribal Council during a special meeting on June 13, 2016, seconded by Lisa Summers. Motion carried with three opposed. (4) Amendment to the main motion by Melinda J. Danforth to request the Finance Office be the person to administer and request the legal opinion, seconded by Lisa Summers. Motion carried with one opposed and one abstention. (5) Motion by Lisa Summers to place this item on the next Business Committee work meeting agenda for further discussion on possible ways to continue to approach the concerns that were addressed here today, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers XII. EXECUTIVE SESSION A. REPORTS 1. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report (9:30 a.m.-10:00 a.m.) Chair: Liaison: Butch Rentmeester Tehassi Hill, Councilman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 2. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report (10:00 a.m.-10:30 a.m.) Chair: Jacquelyn Zalim Liaison: Tehassi Hill, Councilman Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 9 of 15 Open Packet Page 29 of 683 DRAFT Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 3. Accept Bay Bancorporation Inc. FY ’16 4th quarter report (10:30 a.m.-11:00 a.m.) President: Jeff Bowman Liaison: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 4. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report (1:30 p.m.-2:00 p.m.) President: Janice Skenandore-Hirth Liaison: Trish King, Tribal Treasurer Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 5. Accept Oneida Golf Enterprise FY ’16 4th quarter report (2:00 p.m.-2:30 p.m.) Agent: Liaison: Janice Skenandore-Hirth Trish King, Tribal Treasurer Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 6. Defer Oneida Seven Generations Corporation FY ’16 4th quarter report to December 28, 2016, regular Business Committee meeting Agent: Pete King III Liaison: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 10 of 15 Open Packet Page 30 of 683 DRAFT 7. Accept Chief Counsel report – Jo Anne House, Chief Counsel Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 8. Intergovernmental Affairs & Communications – Nathan King, Director a. Approve Government Policy Solutions – contract # 2016-1287 Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers b. Approve Pace LLP – contract # 2016-1286 Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association update (This item is scheduled to begin at 2:30 p.m.) Sponsor: Trish King, Tribal Treasurer Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers a. Accept update regarding requested vendor list Sponsor: Larry Barton, Chief Financial Officer Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 11 of 15 Open Packet Page 31 of 683 DRAFT b. Accept update regarding procedure for draw down decisions Sponsor: Larry Barton, Chief Financial Officer Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers EXCERPT FROM NOVEMBER 23, 2016: (1) Motion by David Jordan to accept the update regarding Oneida Golf Enterprise – Ladies Professional Golf Association, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Jennifer Webster for the Chief Financial Officer to provide a top 30 vendor list with low and high spend ranges for each vendor to the Business Committee team representatives that include Secretary Lisa Summers, Treasurer Trish King, and Danelle Wilson no later than December 9, 2016, seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Chief Financial Officer to provide a written procedure identifying how draw down decisions are made against their approved loan agreement, including a flow chart of how the payments are processed once the requests come in from Oneida Golf Enterprise; and that’s to be done by December 16, 2016, seconded by Fawn Billie. Motion carried unanimously. C. UNFINISHED BUSINESS 1. Approve recommendation to terminate appointment of Oneida Library Board member Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM NOVEMBER 23, 2016: Motion by David Jordan to defer the request back to the Chair’s Office; and to request a recommendation be provided at the December 14, 2016, regular Business Committee meeting, in accordance with section 6-5 of the Comprehensive Policy Governing Boards, Committees, and Commissions, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 2. Final Monitoring Report regarding on-site performance review of Indian Housing Block Grant and Indian Community Development Block grant programs: a. Accept funding recommendation regarding finding # 2016-IHBG-3 Sponsors: Dale Wheelock, Executive Director/Oneida Housing Authority; Jacque Boyle, Director/Development Division-Operations; Larry Barton, Chief Financial Officer Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CCOneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 12 of 15 Open Packet Page 32 of 683 DRAFT 21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers b. Accept status report from Legislative Operating Committee regarding completion of tribal policy to address finding # 2016-IHBG-4 Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair EXCERPT FROM NOVEMBER 23, 2016: (1) Motion by Lisa Summers to accept the Final Monitoring Report regarding on-site performance review of the Indian Housing Block grant and Indian Community Development Block grant programs; and to move the report to open session, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to assign the Oneida Housing Authority Director, Development Division Director, and the Chief Financial Officer to work together to identify the funds for open finding # 2016-IHGB-3; and for the recommendation to be brought back to the December 14, 2016, regular Business Committee meeting for consideration, noting the deadline of February 20, 2017, to transfer the funds, seconded by David Jordan. Motion carried unanimously. (3) Motion by Jennifer Webster to assign the Legislative Operating Committee to bring back a status report on the completion of tribal policy that would address finding # 2016-IHBG-4 for the December 14, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 3. Accept update regarding Duck Creek Trail strategy Sponsors: Nathan King, Director/Intergovernmental Affairs & Communications EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to direct the Intergovernmental Affairs & Communications Dept. and the Development Division to work with the Law Office regarding the right-of-way and signage issues; and to bring back an update to the December 14, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items to the November 23, 2016, regular Business Committee unless there are items that the Tribal Secretary can identify that need immediate attention by the Business Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded by Tehassi Hill. Motion carried unanimously. Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 13 of 15 Open Packet Page 33 of 683 DRAFT D. NEW BUSINESS 1. Approve fifty-four (54) new enrollments Sponsor: Brandon Stevens, Councilman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 2. Review complaint # 2016-DR06-08 (This item is scheduled to begin at 9:00 a.m.) Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 3. Review complaint # 2016-DR06-09 Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 4. Review complaint # 2016-DR06-10 Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 5. Accept update regarding Tribal Ombudsman position Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 14 of 15 Open Packet Page 34 of 683 DRAFT 6. Review results of Investigative Case # 16-61 and determine next steps Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers 7. Approve Cooperative Governance Agreement between Oneida Nation and Town of Oneida – contract # 2016-1357 Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers XIII. ADJOURN Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster Not Present: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016 Page 15 of 15 Open Packet Page 35 of 683 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 28 / 16 ============= Meeting was cancelled. 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 December 16, 2016, special meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. December 16, 2016, 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: Heather Heuer, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 36 of 683 DRAFT Oneida Business Committee Special Meeting 9:00 a.m. Friday, December 16, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster; Not Present: Secretary Lisa Summers; Arrived at: Chairwoman Tina Danforth at 9:05 a.m., Councilman Brandon Stevens at 9:10 a.m.; Others present: Jo Anne House, Larry Barton, Loucinda Conway, Jennifer Anderson, Tamara Vanschyndel, Louise Cornelius, Chad Fuss, Corey Topp, Keith Stoneburner, Ron Kirsch, Heather Heuer; I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 9:02 a.m. For the record: Secretary Lisa Summers is out of the office on personal time. II. OPENING III. ADOPT THE AGENDA Motion by Tehassi Hill to adopt the agenda as presented, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Jennifer Webster Not Present: Tina Danforth, Brandon Stevens, Lisa Summers IV. EXECUTIVE SESSION Motion by David Jordan to go into executive session at 9:02 a.m., seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Jennifer Webster Not Present: Tina Danforth, Brandon Stevens, Lisa Summers Chairwoman Tina Danforth arrives at 9:05 a.m. and assumes responsibility of the Chair. Councilman Brandon Stevens arrives at 9:10 a.m. Motion by David Jordan to come out of executive session at 9:48 a.m., seconded by Trish King. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Lisa Summers Oneida Business Committee Special Meeting Minutes DRAFT of December 16, 2016 Page 1 of 2 Open Packet Page 37 of 683 DRAFT A. Audit Committee Chair: Tehassi Hill, Councilman 1. Approve RSM, US LLP presentation materials for January 16, 2017, Annual General Tribal Council Meeting Motion by David Jordan to approve the RSM, US LLP presentation materials for the January 16, 2017, Annual General Tribal Council Meeting, seconded by Trish King. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Lisa Summers 2. Approve 2016 Year-End audited financial statements presented by RSM, US LLP auditors Motion by Melinda J. Danforth to approve the 2016 Year-End audited financial statements presented by RSM, US LLP auditors, seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Lisa Summers V. ADJOURN Motion by David Jordan to adjourn at 9:49 a.m., seconded by Tehassi Hill. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Lisa Summers Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes DRAFT of December 16, 2016 Page 2 of 2 Open Packet Page 38 of 683 Oneida Business Committee Agenda Request I 11 1. Meeting Date Requested: I 17 2. General Information: Session: D Executive- See instructions for the applicable laws, then choose one: [8] Open !other- type reason Agenda Header: !Resolutions ~--------------------------------------------------------------~ D Accept as Information only [8] Action -please describe: Approval of the 2017 Tribal Transportation Improvement Plan 3. Supporting Materials [8] Report D Contract [8] Resolution D Other: 1. 3. 2. 4. [8] Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution [8] Budgeted -Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: Troy Parr, Asst. Division Director/Development Primary Requestor/Submitter: James Petitjean, Interim Asset. Development Division Director Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Open Packet Page 39 of 683 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Approval of the 2017 BIA tribal transportation list. The purpose of the funding is to create safe roads, preventive maintenance and safe walkways. Road priority is based on the PASER system which evaluates roads based on current conditions. The BIA has notified me that the fair share awarded to Oneida Nation will be $1,037,816. Note: Ranch Rd and Town Rd belong to the town of Oneida but due to deteriorating road conditions these roads have been identified as a need. The roads are eligible for funding because Tribal members use them. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of2 Open Packet Page 40 of 683 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 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # __-__-__-_ Resolution to Adopt the FY 2017-2020 Oneida Nation Tribal Transportation Improvement Plan (TTIP) and TTP Retained Services Agreement (RSA) 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 is the federa1ly recognized governing body of the Tribal members of Oneida Tribe; 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 Business Committee has worked to develop the 2017-2020 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 2017-2020 Oneida Nation Tribal Transportation Improvement Plan; and NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee supports and adopts the 2017-2020 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). Open Packet Name of Tribe Page 41 of 683 Current Year Annual Transportation Allocation ONEIDA NATION $ 1,037,816 Tribal Transportation Improvement Plan Priority 1 BIA Route # NA Section 10 Project Length 0.09 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 NA NA 2 2017 Ranch Road Reclaim existing road surface, new bituminous surface 3 1033 10 0.23 2017 Red Willow Parkway Mill and Overlay 4 1041 10 0.3 2017 Skylark Pulverize and Relay 5 NA 10 0.3 2017 Metoxen Rd Reclaim existing road surface, new bituminous surface 6 NA NA 0.7 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 9 NA NA NA 2017 NA NA NA 2017 (TTP Funds for Planning) FY17 Totals Open Packet Priority 1 BIA Route # NA Section 10 Project Length 0.75 Page 42 of 683 Road Name Year of Constr 2018 Location (Start and End Points) Description of Work Culbertson Road Culverts 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 $ 314,200 Tribe $ 50,000 Tribe $ 414,200 $ 2,500 Tribe $ 14,000 Tribe $ 2,500 Tribe $ 19,000 $ 25,000 Tribe $ 149,700 Tribe $ 10,000 Tribe $ 184,700 $ 25,000 Tribe $ 134,916 Tribe $ 25,000 Tribe $ 184,916 $ 35,000 $ 35,000 $ 150,000 $ 150,000 $ 50,000 $ 50,000 $ 1,037,816 Culvert/Bridge Replacement 2 1059 10 0.49 2018 Jonas Circle Reclaim existing road surface, new bituminous surface 3 1032 10 0.56 2018 Poplar Lane Reclaim existing road surface, new bituminous surface 4 NA NA NA 2018 Varioius Trails Construction of new bituminous road surface 5 NA NA NA 2018 TTP Transportation Planning (TTP Safety, Planning and Inventory work) 6 NA NA NA 2018 TTP Road Maintenance Crack Seal and Patching 7 NA NA NA 2018 Central Oneida - Pedestrain Infrastructure FY17 Total Open Packet Priority 1 BIA Route # 1032 Section 10 Project Length 0.27 Page 43 of 683 Road Name Year of Constr 2019 Location (Start and End Points) Description of Work Powless Drive 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 $ 278,316 Tribe $ 50,000 Tribe $ 378,316 $ 30,000 Tribe $ 150,000 Tribe $ 10,000 Tribe $ 190,000 $ 15,000 Tribe $ 100,000 $ 15,000 Reclaim existing road surface, new bituminous surface 2 NA 10 0.1 2019 Old Seymour Road Bridge Bridge Replacement 3 1307 10 0.22 2019 Minoka Hill Drive Mill and overlay 4 NA NA NA 2019 5 NA NA NA 2019 Various Trails TTP Transportation Planning $ - $ 130,000 $ 35,000 $ 35,000 $ 150,000 $ 150,000 $ 1,037,816 (TTP Safety, Planning and Inventory work) 6 NA NA NA 2019 TTP Road Maintenance (TTP Construction Funds for TTP Road Maintenance) FY18 Total Open Packet Priority BIA Route # 1 Section NA 10 Project Length 1.13 Page 44 of 683 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 $ 500,000 Tribe $ 50,000 Tribe $ 600,000 $ 10,000 Tribe $ 232,816 Tribe $ 10,000 Tribe $ 252,816 $ 35,000 $ 35,000 $ 150,000 $ 150,000 $ 1,037,816 Realignment 2 NA 10 0.1 2020 3 NA NA NA 2020 Various Trails TTP Transportation Planning (TTP Safety, Planning and Inventory work) 4 NA NA NA 2020 TTP Road Maintenance (TTP Construction Funds for TTP Road Maintenance) FY19 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. Open Packet Page 45 of 683 Oneida Business Committee Agenda Request 1. Meeting Date Requested: ============= 12 / 28 / 16 Meeting was cancelled. 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: Approve Resolution: Community Support Amendments 3. Supporting Materials Report Resolution Contract Other: 1. Memo 3. Legislative Analysis, Draft (Redline & Clean) 2. Statement of Effect 4. Fiscal Impact Statement Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Brandon Stevens, Council Member Primary Requestor: Jennifer Falck, Director, Legislative Reference Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Candice Skenandore, Legislative Analyst, Legislative Reference Office Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 46 of 683 Oneida Nation 000000 PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida.n sn.gov -- TO: FROM: DATE: RE: 7 "' Oneida Business Committee Legislative Operating Committee r--· Oneida Business Committee C::: - ~__.> Brandon Stevens, LOC Chairperson December 28, 2016 Community Support Fund Law Amendments Please find the following attached backup documentation for your consideration of the Community Support Fund Law Amendments: 1. 2. 3. 4. 5. 6. Resolution: Community Support Fund Law Amendments Statement of Effect: Community Support Fund Law Amendments Community Support Fund Law Amendments Legislative Analysis Community Support Fund Law (Red line) Community Support Fund Law (Clean) Community Support Fund Law Amendments Fiscal Impact Statement Overview This Resolution adopts amendments to the current Community Support Fund Policy. The amendments: • Clarifying that the Fund is a fund of last resort. • Requiring applicants to submit additional documentation when requesting assistance from the Fund. • Removing provisions related to cost-sharing. • Delegating administrative rulemaking authority to the Social Services Area (or designee), to promulgate additional rules governing the administration of the Community Support Fund. • Revising the listed categories of things that funding can and cannot be provided for. • Adding tirnelines and additional details to the appeal process . • Requiring case managers to provide a written follow-up for all contact with an applicant. In accordance with the Legislative Procedures Act, the first public meeting on the proposed law was held on October 29, 2015. On November 18, 2015, the LOC reviewed all comments received during the public comment period; and any changes made based on those comments have been incorporated into this draft. A second public meeting on the proposed law was held on November 3, 2016. On December 7, 2016, the LOC reviewed all comments received during the public comment period; and any changes made based on those comments have been incorporated into this draft. Requested Action Approve the Resolution: Community Suppmt Fund Law Amendments. Page 1 of 1 A good mind. A good heart. A stro ng fire. Open Packet 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 Page 47 of 683 BC Resolution __________ Adoption of Community Support Fund Amendments 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 Nation Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Business Committee originally adopted the Community Support Fund Policy (Policy) on May 15, 1996, and made amendments on January 8, 1997 and December 11, 2013; and WHEREAS, these amendments re-title the Fund as a law instead of a policy; and WHEREAS, these amendments clarify that the Fund is a fund of last resort; and WHEREAS, these amendments eliminate the cost sharing provisions; and WHEREAS, these amendments require operators of the Fund to create rules to manage the Fund including the list of categories the fund covers and funding caps; and WHEREAS, these amendments revise the items specifically covered and not covered by the Fund; and WHEREAS, these amendments add timelines for decisions regarding Fund applications and strengthen the appeal process with additional timelines; and WHEREAS, public meetings were held for these amendments on October 29, 2015 and November 3, 2016, in accordance with the Legislative Procedures Act; and NOW THEREFORE BE IT RESOLVED, that the fund operator shall create rules in accordance with these amendments and shall have the final rule(s) prepared within 120 calendar days; and NOW THEREFORE BE IT FURTHER RESOLVED, that the attached amendments to the Community Support Fund are hereby adopted and shall become effective in 120 calendar days. Open Packet Page 48 of 683 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54115‐0365 Oneida‐nsn.gov Statement of Effect Adoption of Community Support Fund Amendments Summary This Resolution adopts amendments to the Community Support Fund which re-title the policy as a law, clarify various sections of the law, grant the Fund operator rulemaking authority and add additional items to the “items covered by the fund” and “items not covered by the fund” sections. By: Krystal L. John, Staff Attorney Analysis This resolution adopts amendments to the Community Support Fund which was adopted by resolution BC-05-15-96-A and thereafter amended by resolutions BC-01-08-97-G and BC-1211-13-D. These amendments were initially pursued to clarify the provisions related to cost sharing. Additional revisions were also incorporated into these amendments based on requests from the fund operators and community members. These amendments clarify that the fund is a fund of last resort; eliminate cost sharing; grant the fund operators rulemaking authority; reassess the items specifically covered and not covered by the fund; and provide timelines for the appeal process. Public meetings were held on October 29, 2015 and November 3, 2016 in accordance with the Legislative Procedures Act. Conclusion Adoption of these amendments does not conflict with the Nation’s laws. Page 1 of 1 PO Box 365 • Oneida, WI 54155‐0365 oneida‐nsn.gov Open Packet Page 49 of 683 1 Draft #11 (For OBC Consideration) December 14, 2016 2 3 4 5 Community Support Fund Amendments Analysis by the Legislative Reference Office Title Sponsor Requester & Reason for Request Purpose Authorized/ Affected Entities Related Legislation Enforcement & Due Process Public Meeting Status 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 Community Support Fund Law (currently a policy) Doug McIntyre, Jo Anne David P. Jordan Drafter Analyst Tani Thurner House, Krystal John This item was brought forward by LOC Chair Brandon Stevens, to clarify an inconsistency between the Policy and the adopting resolution. Additional changes are also made to update/streamline the draft, including re-titling it as a law. The Law identifies requirements for how funds may be disbursed to Oneida members who are facing emergency situations. Governmental Services Division Director, Social Services Area (or designee) administers the Fund. There are various laws/policies which identify how Tribal funds would be disbursed; however nothing is directly related. Eligibility requirements; case manager decisions appealable to program director, then to area manager, then to the Judiciary – Court of Appeals. A public meeting was held on October 29, 2015, and any comments received during the public comment period have been reviewed and considered by the LOC. Overview In December 2013, amendments were adopted to the Community Support Fund Policy. The adopting Resolution (OBC #12-11-13-D) said that the amendments specifically stated that persons who receive assistance from the Community Support Fund (the Fund) do not have to cost share if they are at or below Federal Poverty Guidelines. However, the policy, as amended, did not state this. In order to reconcile that resolution with the Policy, the Legislative Operating Committee added this item to the Active Files List with the intent of amending the Policy to clarify that applicants do not have to cost share if they are at or below federal poverty guidelines. However, instead of adding a provision which exempts applicants from cost-sharing if they are at or below federal poverty guidelines, other changes were made instead, based on requests from the fund administrators, and input from the community. The policy is also re-titled as a law, as part of a broader change to re-title existing Oneida policies into laws; since they are recognized as having the same legal effect. This new Law would become chapter 125 of the Oneida Code of Laws. Cost Sharing Instead of adding that persons are not required to cost share if they are at or below Federal Poverty Guidelines; the amendments remove nearly every provision related to cost sharing. [Current policy, 3-1(f), 4-4(a), 5-1(b), 6-3]. Only one possibly related provision remains – the Law still says that security deposits must be paid back to the fund before the applicant may receive another security deposit in the future. However, even in this provision, there is no exception for applicants who are at or under Federal Poverty Guidelines. [125.6-2(b)] Other Changes Rulemaking • A definition for “Rule” is added – it means a set of requirements enacted in accordance with the Administrative Rulemaking law. [125.3-1(n)] Page 1 of 4 Open Packet 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 53 54 55 56 • • • • Page 50 of 683 Draft #11 (For OBC Consideration) December 14, 2016 The Social Services Area is responsible for the operation of the Fund but is now authorized to designate the operation of the fund to a department within its control. The Fund operator must now promulgate rules for administering the fund, instead of SOPs. o The rules are now required to include the list of categories the fund covers (which is set out in section 125.6-1) and to set caps (per event/household/person, depending on the category). o Rules may also include additional things not listed in the Law which the Fund will cover, as long as the rule does not conflict with this Law. [125.4-1] When determining the level of assistance that may be provided to an applicant, case managers must now consider the Fund’s “appropriate promulgated rules.” [125.5-1(d)] The Fund Operator is now required to establish, by Rule: o A “timeline for which an initial decision is required following the submission of a complete application”, which must include available extensions for when an applicant is waiting for another support/assistance resource to make a determination of an award/coverage. [125.9-1] o A definition for “essential appliances”. [125.6-1(m)] Currently, the Policy prohibits applicants from reapplying for the same catastrophic event, illness, injury or emergency event more than twice. Under the amendments, applicants are instead prohibited from reapplying for the same reason more than the limit stated within the Law or the Fund’s rules. [125.8-4(e)] There are three limits specifically identified in the Law, so unless additional limits are set out in rules, only the following will apply: o Inpatient treatment – a new limit is added: once per lifetime. [125.6-1(h)] o Security deposits – still limited one request per household, but new language adds that multiple, consecutive requests can be made. [125.6-2(c)] o Assistance with paying utilities – currently, assistance can only be requested once every three years; the amendments reduce it to once every two years. [125.6-3] Fund Coverage/Application Various changes were made to the lists of things that are specifically covered, or specifically not covered, by the Fund: New Items specifically covered [125.6-1]  Inpatient Treatment  Fire recovery/natural disaster assistance  Home renovations for handicap accessibility  Family Medical Leave Act wage replacement  Rent and utility assistance during the waiting period for Social Security Disability Determination.  Appliance repair for essential appliances as defined in the rules which the Fund operator shall develop. 57 58 59 • New Items specifically NOT covered [125.7-1]  Homeless lodging assistance  Health membership fees  Food/personal care items  Stabilization rent assistance  Department of Corrections re-entry assistance Changes to items already covered by the Fund [125.6-1]  Instead of covering all health insurance payments, the Fund only covers COBRA Insurance Payments.”  The Fund may cover the purchase of medical-related equipment, supplies, or furniture, instead of just the rental of medical equipment.  Instead of generally covering “shelter and utilities where no other resources exist”, the Law instead states that “utility disconnections” are covered. Other Changes New language requires appeals of case manager’s decisions to be in writing, and timelines Page 2 of 4 Open Packet 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 99 100 101 102 103 104 105 106 • • • • • • • • • • Page 51 of 683 Draft #11 (For OBC Consideration) December 14, 2016 for appeals are added. The Case Manager’s initial decision is now appealed to the Program Director, instead of to the Case Manager’s supervisor. In addition to requiring the Fund Operator to establish, by rule, a timeline for issuing an initial decision after an application is submitted, the Law adds that: o The Case Manager’s initial decision must be appealed to the Program Director within 10 business days after the applicant receives notice of that decision. o The Program Director must notify the applicant of their decision within 10 business days. o The Program Director’s decision must be appealed to the Area Manager within 10 business days after the applicant receives notice of that decision. o The Area Manager must notify the applicant of their decision within 10 business days. o Instead of stating that the Area Manager’s decision [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%3Aaa05b595ed067c5a. Public record. Not legal advice.