# BC Meeting Materials January 27, 2016 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ac2430fbd68d06ca0 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text BC Meeting Materials January 27, 2016 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 255 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 27th day of JANUARY, 2016. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Page 1 of 245 Oneida Business Committee Executive Session 9:00 a.m. Tuesday, January 26, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, January 27, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: http://oneida-nsn.gov/ I. CALL TO ORDER AND ROLL CALL II. OPENING A. Special Recognition for Years of Service Sponsor: Geraldine Danforth, Area Manager/Human Resources Department III. ADOPT THE AGENDA IV. OATHS OF OFFICE V. MINUTES A. VI. VII. Approve January 13, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary RESOLUTIONS A. Adopt resolution titled Office of Special Trustee - Sign Off Authority Sponsor: Brandon Stevens, Councilman B. Adopt resolution titled Agreement with Wisconsin Department of Transportation for Corridor Study on Mason St/54 Sponsor: Troy Parr, Assistant Division Director/Development APPOINTMENTS A. Appoint Mary Graves to the Oneida Personnel Commission Sponsor: Tina Danforth, Tribal Chairwoman Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 1 of 9 Page 2 of 245 VIII. STANDING COMMITTEES A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept January 6, 2016, Legislative Operating Committee meeting minutes 2. Approve Audit Committee Bylaws Amendments 3. Accept memorandum regarding status of Children’s Code B. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve January 18, 2016, Finance Committee meeting minutes C. Community Development Planning Committee Sponsor: Councilman Tehassi Hill, Vice-Chair 1. Accept October 1, 2015, and December 3, 2015, Community Development Planning Committee meeting minutes D. IX. Quality of Life Committee (No Requested Action) GENERAL TRIBAL COUNCIL A. Petitioner John E. Powless Jr.: Per capita payments Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JANUARY 13, 2016: Motion by David Jordan to accept the legal analysis and to note the financial analysis is due by the January 27, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer the legal and financial analyses to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: Motion by Jennifer Webster to provide an additional 60 days for the legal analysis of Petitioner John E. Powless: Per capita payments, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM AUGUST 17, 2015: Motion by David Jordan to accept the legislative analysis for the regarding per capita payments submitted by petitioner John E. Powless Jr., seconded by Trish King. Motion carried unanimously. EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06 p.m. and to direct the Tribal Secretary to coordinate Business Committee special meeting date for the remainder of this agenda, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM JUNE 24, 2015: Motion by David Jordan to acknowledge receipt of the verified petition submitted by John E. Powless, Jr.; 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; to direct the Law, Finance and Legislative Reference Offices to submit the analyses to the Tribal Secretary's office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary's office within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 2 of 9 Page 3 of 245 B. Petitioner Madelyn Genskow: Special GTC meeting to address six resolutions 1) Completed Scheduling General Tribal Council Meetings 2) Fee to Trust Process 3) Elder Services Means Testing 4) Record Subcommittee Meetings 5) Governmental Services Chain of Command 6) Unclaimed Per Capita Payments Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM NOVEMBER 25, 2015: (1) Motion by David Jordan to accept the financial analysis for resolution 3, seconded by Lisa Summers. Motion carried unanimously. (2) Motion by Lisa Summers to request the remaining financial analyses come back in sixty (60) days, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM OCTOBER 14, 2015: Motion by Lisa Summers to accept the financial analyses for resolution 1 with the following change [correction in the Chief Financial Officer’s memorandum with either the elimination of “TO: Tina Danforth, Treasurer” or replacement of “TO: Patricia King, Treasurer”] and resolution 2, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM SEPTEMBER 23, 2015: Motion by Melinda J. Danforth to accept the update on this item and to place this petition and six (6) resolutions on the March 19, 2016 Special General Tribal Council meeting agenda, and to request the financial analyses on all six (6) resolutions be submitted to the Tribal Secretary’s Office in a timely manner, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: Motion by Jennifer Webster to accept the legal analysis for resolution 5) Governmental Services Chain of Command, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM AUGUST 26, 2015: (1) Motion by Brandon Stevens to accept the legal analyses for resolution 3, 4, and 6, seconded by Lisa Summers. Motion carried unanimously. (2) Motion by Lisa Summers to defer the legal analysis for resolution 5 to be completed by the September 9, 2015, regular Business Committee meeting and to defer the financial analyses for resolution 3, 4, and 6 Unclaimed Per Capita Payments to the September 23, 2015, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM JULY 8, 2015: Motion by David Jordan to defer the remaining legal and financial analyses to the second regular Business Committee meeting in August 2015, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM JUNE 24, 2015: Motion by David Jordan to accept the legal analysis for resolution 1 and note that the remaining analyses are due back at the July 8, 2015, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MAY 13, 2015: Motion by David Jordan to accept the legal analysis for resolution 2, seconded by Trish King. Motion carried unanimously. EXCERPT FROM APRIL 22, 2015: Motion by Lisa Summers to accept the legislative analyses for resolutions 1-6 and to provide an additional sixty (60) days for the Law and Finance Offices to complete their portions of the analyses, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM FEBRUARY 25, 2015: (1) Motion by Tehassi Hill to accept the verified petitions from Petitioner Madelyn Genskow: Request Special GTC meeting to address six (6) resolutions, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Tehassi Hill to send the verified petitions 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 Jennifer Webster to direct Law, Finance, and Legislative Reference Offices to submit the analyses to the Secretary’s Office within sixty (60) days and that a progress report be submitted in forty-five (45) days, seconded by Lisa Summers. Motion carried unanimously. (4) Motion by Lisa Summers to direct the Direct Report Offices to submit appropriate administrative analyses to the Secretary’s Office within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 3 of 9 Page 4 of 245 X. C. Determine available General Tribal Council meeting date to address Petitioner Frank Cornelius: four resolutions 1) Completed Scheduling General Tribal Council Meetings 2) Fee to Trust Process 3) Freedom of Speech, Press, and Assembly 4) Imposing a Tax on the Business Committee Sponsor: Lisa Summers, Tribal Secretary D. Approve revised meeting date for Special General Tribal Council meeting from March 19, 2016, to March 26, 2016 Sponsor: Lisa Summers, Tribal Secretary STANDING ITEMS A. XI. Accept update regarding Work Plan for CIP # 14-002 Cemetery Improvements Sponsor: Troy Parr, Assistant Division Director/Development UNFINISHED BUSINESS A. Accept update from Environmental Resource Board and Environmental Health and Safety Department regarding plan on how to buffer area between Oneida Sacred Burial Grounds and access road Sponsor: Tehassi Hill, Councilman EXCERPT FROM DECEMBER 23, 2015: (1) Motion by Jennifer Webster to approve the request from the Environmental Resource Board to lift the moratorium to allow access to Where the Waterbirds Nest and to restrict access on Adam Drive only, seconded by Lisa Summers. Motion carried unanimously. (2) Motion by Lisa Summers to defer this item to the Environmental Resource Board and Environmental Health and Safety Department to bring back a plan on how to buffer the area between the cemetery and the road as information to the Business Committee in thirty (30) days in order to reconsider the request, seconded by Jennifer Webster. Motion carried unanimously. B. Accept update regarding Tribal ID cards for Age Restricted Products Sponsor: Michele Doxtator, Area Manager/Retail Profits EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the update regarding Tribal ID cards for Age Restricted Products to the January 27, 2016, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously. EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. C. Approve Joint Marketing Charter Sponsor: Trish King, Tribal Treasurer EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. D. Approve request to co-host April 2016 U.S. Dept. of Health and Humans Services consultation Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 4 of 9 Page 5 of 245 XII. TABLED BUSINESS (No Requested Action) XIII. NEW BUSINESS XIV. A. Accept request for Business Committee recognition and award of $500 Exxon/Mobile Alliance Program grant to each six (6) area schools in cooperation with Oneida One Stops and Oneida Travel Center Sponsor: Michele Doxtator, Area Manager/Retail Profits B. Approve Packer Ticket Distribution Policy and Standard Operating Procedure Sponsor: Lisa Summers, Tribal Secretary C. Approve request to co-host the 2016 Tri-History Conference on June 13-17, 2016 Sponsor: Jennifer Webster, Councilwoman TRAVEL A. Travel Reports 1. Accept travel report – Councilwoman Jennifer Webster – 2015 National Indian Head Start Directors Association (NIHSDA)/Office of Head Start (OHS) Tribal Leader Consultation – Sacramento, CA – June 15-17, 2015 2. Accept travel report – Secretary Lisa Summers, Councilwoman Jennifer Webster , and Councilman Tehassi Hill – 72nd Annual National Congress of American Indians (NCAI) Conference – San Diego, CA – October 17-24, 2015 3. Accept travel report – Councilwoman Jennifer Webster – Wisconsin Tribes Meeting with Officials from Wisconsin Dept. of Health and Human Services (DHHS) and Centers for Medicare and Medicaid Services (CMS) – Washington D.C. – November 16-20, 2015 B. Travel Requests 1. Approve travel request – Chairwoman Tina Danforth – 2016 National Indian Gaming Association (NIGA) Legislative Summit – Washington D.C. – January 18-21, 2016 EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. 2. Approve travel request – Chairwoman Tina Danforth – 2016 National Leadership Development Conference – Hinckley, MN – June 19-24, 2016 3. Approve travel request and identify participants – Oneida Business Committee – Conference Travel for 2016 – Various Locations – February-October 2016 Sponsor: Jennifer Webster, Councilwoman 4. Approve travel request and identify participants – Oneida Business Committee – Republican National Convention, Cleveland, OH – July 18-21, 2016 Sponsor: Jennifer Webster, Councilwoman 5. Approve travel request and identify participants – Oneida Business Committee – Democratic National Convention – Philadelphia, PA – July 25-29, 2016 Sponsor: Jennifer Webster, Councilwoman Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 5 of 9 Page 6 of 245 XV. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. Operational Reports 1. Accept Comprehensive Health Division FY ’16 1st quarter report Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations & Dr. Ravinder Vir, Division Director/Medical Operations B. Corporate Reports (No Requested Action) C. Boards, Committees, and Commissions 1. Accept Oneida Arts Board FY ’16 1st quarter report – Nic Reynolds, Chair Liaison: Jennifer Webster, Councilwoman EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the Oneida Arts Board FY ’16 1st quarter report to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. 2. Accept Anna John Residential Centered Care Community Board FY ’16 1st quarter report – Kimberly Schultz, Vice-Chair Liaison Alternate: Tina Danforth, Tribal Chairwoman EXCERPT FROM JANUARY 13, 2016: Motion by Tehassi Hill to defer the Anna John Residential Centered Care Community Board FY ’16 1st quarter report to the January 27, 2016, regular Business Committee, seconded by Fawn Billie. Motion carried unanimously. 3. Accept Oneida Nation Veteran’s Affairs Committee FY ’16 1st quarter report – Mike Hill, Chair Liaison: Jennifer Webster, Councilwoman 4. Accept Child Protective Board FY ’16 1st quarter report – Dale Powless, Chair Liaison: Lisa Summers, Tribal Secretary 5. Defer Oneida Police Commission FY ’16 1st quarter report to February 10, 2016, regular Business Committee meeting – Bernie John Stevens, Chair Liaison: Lisa Summers, Tribal Secretary 6. Accept Oneida Pow Wow Committee FY ’16 1st quarter report – Lloyd Powless, Chair Liaison: Fawn Billie, Councilwoman 7. Accept Southeastern Oneida Tribal Services Advisory Board FY ’16 1st quarter report – Daniel Schiller, Chair Liaison: Tina Danforth, Tribal Chairwoman Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 6 of 9 Page 7 of 245 XVI. EXECUTIVE SESSION A. Reports 1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager (This item is scheduled at 9:00 a.m. on January 26, 2016) 2. Accept Intergovernmental Affairs and Communication report – Nathan King, Director/Intergovernmental Affairs and Communication (This item is scheduled at 10:00 a.m. on January 26, 2016) 3. Accept Oneida Retail Enterprise FY ’15 4th quarter report – Michele Doxtator, Area Manager/Retail Profits (This item is scheduled at 11:00 a.m. on January 26, 2016) EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM DECEMBER 23, 2015: Motion by Fawn Billie to defer the Oneida Retail Enterprise FY ’15 4th quarter report to the January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. 4. Accept Chief Counsel report – Jo Anne House, Chief Counsel EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. B. Standing Items 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association (This item is scheduled at 1:30 p.m. on January 26, 2016) Liaison: Trish King, Tribal Treasurer EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. C. Audit Committee Sponsor: Councilman Tehassi Hill, Chair 1. Accept December 10, 2015, Audit Committee meeting minutes Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 7 of 9 Page 8 of 245 D. Unfinished Business 1. Reevaluate option to fill Organizational Development Specialist position Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM SEPTEMBER 23, 2015: Motion by David Jordan to approve Option 2A contained within the memorandum and to re-evaluate the option in ninety (90) days, seconded by Trish King. Motion carried unanimously. 2. Accept Hospice Advantage Recommendation Sponsor: Jennifer Webster, Councilwoman EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM DECEMEBER 23, 2015: Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried with one abstention. EXCERPT FROM OCTOBER 28, 2015: Motion by Lisa Summers to accept the update and to request the additional information be brought back to the Business Committee in thirty (30) days, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM OCTOBER 14, 2015: Motion by Lisa Summers to defer this item to ViceChairwoman Melinda J. Danforth and Councilwoman Jennifer Webster, as the Liaisons, for followup and to bring back recommendations to the October 28, 2015, regular Business Committee, 3. Approve response to Complaint # 2015-DR13-02 and forward to appropriate parties Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer the draft response regarding Complaint # 2015-DR13-02 to the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept Complaint # 2015DR13-02 as information and to defer item to the Tribal Secretary’s Office to bring back a draft response for the December 23, 2015, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. 4. Review Complaint # 2015-CC-13 Sponsor: Trish King, Tribal Treasurer EXCERPT FROM DECEMBER 23, 2015: Motion by Tehassi Hill to accept the recommendations for Complaint # 2015-CC-13 and to request a report be brought back to the January 27, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint # 2015-CC13 and to assign Councilwoman Fawn Billie, Councilman Tehassi Hill, and Treasurer Trish King for follow-up, seconded by David Jordan. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 8 of 9 Page 9 of 245 E. New Business 1. Approve Chief Executive Officer Job Description, Request to Post form, and Recruitment Letter to be sent out nationwide to all heads-of-households on January 18, 2016 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. XVII. ADJOURN Posted on the Tribe’s official website, www.oneida-nsn.gov, at 12:00 p.m., on Friday, January 22, 2016, pursuant to the Open Records and Open Meetings Law, section 7.17-1. For additional information, please call the Business Committee Support Office at (920) 869-4364. The meeting packet of the open session materials for this meeting is available to Tribal members by going to the Members-Only section of the Tribe’s official website at: www.oneida-nsn.gov/MembersOnly For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214. Oneida Business Committee Regular Meeting Agenda of January 27, 2016 Page 9 of 9 Page 10 of 245 Submitted by: Maureen Metoxen, Executive Assistant/Human Resources Dept. Page 11 of 245 Page 12 of 245 Page 13 of 245 Page 14 of 245 Page 15 of 245    /  /                                     Page 16 of 245 DRAFT Oneida Business Committee Executive Session 1:00 p.m. Monday, January 11, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, January 13, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Councilman David Jordan; Arrived at: ; Others present: Jim Bittorf, Larry Barton, Debra Danforth, Dr. Ravinder Vir; REGULAR MEETING Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth; Arrived at: ; Others present: Heather Heuer, Barbara Erickson, Brad Graham, Bill Graham, Jessica Wallenfang, Don White, Susan House, Larry Barton, Jim Bittorf, Laura Manthe, Doug McIntyre, Dawn Moon-Kopetsky, Nancy Barton, Lisa Liggins, Leyne Orosco, Mary Graves, Rhiannon Metoxen, Danelle Wilson, Ed Delgado, Michelle Doxtator, Nicolas Reynolds, Brian Doxtator, Kaylynn Gresham, Maureen Perkins, Debbie Melchert, Cathy Metoxen, Florence Petri, Debra Danforth, Michelle Mays, James Petitjean, Loretta Metoxen, Bruce Danforth, Dianne McLester-Heim, Jeff Mears, Lori Elm, Nicole Rommel, Pat Garvey, MaryAnn Kruckeberg, Kenneth K. Schuyler, Carol Elm, Ramona Carlson, Debra Pohl, Tom Danforth, Marlene Summers, Jay Rasmussen, Lois Strong, Matt W. Denny, Judy Cornelius, Tina Jorgenson, Ryan Waterstreet, Larry J. Cornelius, Krystal John, Tina Pospychala, Mark Powless, Jennifer Falak, Bridget John; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:05 a.m. For the record: II. Vice-Chairwoman Melinda J. Danforth is on maternity leave until February. Secretary Lisa Summers will be leaving after the Oath of Office to attend the funeral services for the Parr family on behalf of the Business Committee and then will return to the meeting. OPENING by Councilman Tehassi Hill Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 1 of 12 Page 17 of 245 III. ADOPT THE AGENDA (00:03:37) DRAFT Motion by Lisa Summers to adopt the agenda with the following change [move New Business XII.H. Review GTC directive to consider budget modification of $125,000 from the CEO position line to the Elder Home Repair line in FY 2016 budget after item IV.A. Oath of Office], seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth IV. OATHS OF OFFICE (00:05:59) administered by Secretary Lisa Summers A. Oneida Gaming Commission – Barbara Erickson Secretary Lisa Summers departs at 9:15 a.m. Secretary Lisa Summers returns at 10:32 a.m. Councilman Tehassi Hill departs at 10:50 a.m. Councilman Tehassi Hill returns at 10:52 a.m. V. MINUTES (02:23:58) A. Approve December 18, 2015, special meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to approve the December 18, 2015, special meeting minutes, seconded by Jennifer Webster. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Abstained: Lisa Summers Not Present: Melinda J. Danforth B. Approve December 23, 2015, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to approve the December 23, 2015, regular meeting minutes, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth VI. RESOLUTIONS (02:24:48) A. Adopt resolution titled Fee to Trust Application for property located at: N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd. Sponsor: Patrick Pelky, Division Director/Division of Land Management Motion by Lisa Summers to adopt resolution titled 01-13-16-A Fee to Trust Application for property located at: N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd., seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 2 of 12 Page 18 of 245 DRAFT Motion by Lisa Summers to approve the Fee to Trust warranty deed for property address: N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd., seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth B. Adopt resolution titled Oneida Code of Laws Reorganization Sponsor: Brandon Stevens, Councilman Motion by Lisa Summers to adopt resolution titled 01-13-16-B Oneida Code of Laws Reorganization, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth C. Adopt resolution titled Public Use of Tribal Land Law Permanent Amendments Sponsor: Brandon Stevens, Councilman Motion by Brandon Stevens to adopt resolution titled 01-13-16-C Public Use of Tribal Land Law Permanent Amendments, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth VII. APPOINTMENTS (No Requested Action) VIII. STANDING COMMITTEES (02:37:58) A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept December 16, 2015, Legislative Operating Committee meeting minutes Motion by Jennifer Webster to accept the December 16, 2015, Legislative Operating Committee meeting minutes, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth 2. Approve Audit Committee Bylaws Motion by Fawn Billie to defer the approval of the Audit Committee Bylaws until ready to be brought back, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 3 of 12 Page 19 of 245 B. DRAFT Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve January 4, 2016, Finance Committee meeting minutes Motion by David Jordan to approve the January 4, 2016, Finance Committee meeting minutes, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth C. Community Development Planning Committee (No Requested Action) D. Quality of Life Committee Sponsor: Councilwoman Fawn Billie, Chair 1. Approve request to change official meeting time of Quality Life Committee from 8:00 a.m.10:00 a.m. to 8:30 a.m. - 10:30 a.m. Motion by David Jordan to approve the request to change official meeting time of Quality Life Committee from 8:00 a.m.-10:00 a.m. to 8:30 a.m. - 10:30 a.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth IX. GENERAL TRIBAL COUNCIL (02:49:50) A. Petitioner John E. Powless Jr.: Per capita payments Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer the legal and financial analyses to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: Motion by Jennifer Webster to provide an additional 60 days for the legal analysis of Petitioner John E. Powless: Per capita payments, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM AUGUST 17, 2015: Motion by David Jordan to accept the legislative analysis for the regarding per capita payments submitted by petitioner John E. Powless Jr., seconded by Trish King. Motion carried unanimously. EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06 p.m. and to direct the Tribal Secretary to coordinate Business Committee special meeting date for the remainder of this agenda, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM JUNE 24, 2015: Motion by David Jordan to acknowledge receipt of the verified petition submitted by John E. Powless, Jr.; 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; to direct the Law, Finance and Legislative Reference Offices to submit the analyses to the Tribal Secretary's office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary's office within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. Motion by David Jordan to accept the legal analysis and to note the financial analysis is due by the January 27, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 4 of 12 Page 20 of 245 B. DRAFT Petitioner Nancy Barton: To open an Emergency Food Pantry Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to accept the progress report as information and to defer the legal and financial analyses to the February 24, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM OCTOBER 28, 2015: Motion by David Jordan to accept the verified petition submitted by Nancy Barton: To open an Emergency Food Pantry; 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; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously. Motion by Lisa Summers to accept the legislative analysis, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth Motion by Tehassi Hill to recess at 12:08 p.m. until 1:30 p.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth Meeting called to order by Chairwoman Tina Danforth at 1:34 p.m. Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, and Councilwoman Fawn Billie not present. X. UNFINISHED BUSINESS (04:37:34) A. Approve request to make Oneida Vendor List available to any enrolled Tribal member upon request and that it include name of entity and individual(s) who own and operate it Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the request the Law Office for a legal analysis to be brought back in thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to deny the request to make the Oneida Vendor List available to any enrolled Tribal member upon request and that it include name of entity and individual(s) who own and operate it, seconded by Brandon Stevens. Motion carried with one opposed: Ayes: Fawn Billie, Trish King, Brandon Stevens, Jennifer Webster Opposed: Tehassi Hill Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 5 of 12 Page 21 of 245 B. DRAFT Accept update regarding Tribal ID cards for Age Restricted Products Sponsor: Michele Doxtator, Area Manager/Retail Profits EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to defer the update regarding Tribal ID cards for Age Restricted Products to the January 27, 2016, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers XI. TABLED BUSINESS (No Requested Action) XII. NEW BUSINESS (05:08:47) A. Approve limited waiver of sovereign immunity – Green Bay Metropolitan Sewerage DistrictSilver Creek Cost-Share Agreement – Contract # 2015-1190 Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Green Bay Metropolitan Sewerage District-Silver Creek Cost-Share Agreement – Contract # 2015-1190 and to request the effective date to be of October 2015, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Councilwoman Jennifer Webster departs at 3:50 p.m. Councilwoman Jennifer Webster returns at 3:53 p.m. B. Approve request of support for Business Committee or Trust/Enrollment Committee to sign onto amicus brief for Native case, Blackhorse et al v. Pro Football, Inc. Sponsor: Brandon Stevens, Councilman Motion by Brandon Stevens to support the Business Committee of the Tribe to sign onto the amicus brief for Native case, Blackhorse et al v. Pro Football, Inc., seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens Abstained: Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers C. Retro-approve correspondence in opposition to WI Assembly Bill 620 Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to retro-approve the correspondence in opposition to WI Assembly Bill 620, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 6 of 12 Page 22 of 245 D. DRAFT Approve compliance updates regarding BC 401(k) Plan and the Public Safety Pension Plan along with their accompanying resolutions Sponsor: Larry Barton, Chief Financial Officer Motion by Jennifer Webster to approve the compliance updates regarding BC 401(k) Plan and the Public Safety Pension Plan, seconded by Brandon Stevens. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: Trish King Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Jennifer Webster to adopt resolution 01-13-16-D Resolution to Restate the Business Committee 401(k) Savings Plan Documents and Submit Plan to the Internal Revenue Service, seconded by Brandon Stevens. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: Trish King Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Jennifer Webster to adopt resolution 01-13-16-E Resolution to Restate the Public Officer Safety Pension Plan Document and Excess Benefit Trust Agreement, and Submit Plan to the IRS, seconded by Brandon Stevens. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: Trish King Not Present: Melinda J. Danforth, David Jordan, Lisa Summers E. Approve request for procedural exception to the Time and Attendance Policy/SOP for creation of an Employee Exercise Pilot Program Sponsor: Fawn Billie, Councilwoman Motion by Jennifer Webster to approve the request for procedural exception to the Time and Attendance Policy/SOP for creation of an Employee Exercise Pilot Program, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers F. Approve Joint Marketing Charter Sponsor: Trish King, Tribal Treasurer Item deferred to the January 27, 2016, regular Business Committee meeting. G. Approve request to co-host April 2016 U.S. Dept. of Health and Humans Services consultation Sponsor: Lisa Summers, Tribal Secretary Item deferred to the January 27, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 7 of 12 Page 23 of 245 H. DRAFT Review GTC directive to consider budget modification of $125,000 from the CEO position line to the Elder Home Repair line in FY 2016 budget Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to increase the Elder Home Repair program to $125,000 and to request the Finance Committee locate where the funds are to come from, seconded by David Jordan. Motion ruled out of order. Motion by Lisa Summers for the Business Committee to submit a new request to the Finance Committee to bring back a recommendation on how to allocate the $125,000 to the Elder Home Repair line, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Lisa Summers XIII. TRAVEL A. Travel Reports (No Requested Action) B. Travel Requests 1. Approve travel request – Chairwoman Tina Danforth – 2016 National Indian Gaming Association (NIGA) Legislative Summit – Washington D.C. – January 18-21, 2016 Item deferred to the January 27, 2016, regular Business Committee meeting. XIV. REPORTS (03:01:13) (This section of the agenda is scheduled to begin at 1:30 p.m.) Councilwoman Fawn Billie arrives at 1:36 p.m. A. Operational Reports 1. Accept Emergency Management FY ’15 4th quarter report Sponsor: Kaylynn Gresham, Director/Emergency Management EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee meeting], seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the Emergency Management FY ’15 4th quarter report to the December 23, 2015, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. Motion by Brandon Stevens to accept the Emergency Management FY ’15 4th quarter report, seconded by David Jordan. Motion carried with one abstention: Ayes: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Melinda J. Danforth, Trish King, Lisa Summers Treasurer Trish King arrives at 1:41 p.m. Councilman Tehassi Hill departs at 1:51 p.m. Councilman Tehassi Hill returns at 1:54 p.m. Councilman David Jordan departs at 1:56 p.m. Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 8 of 12 Page 24 of 245 DRAFT th 2. Accept Ombudsman FY ’15 4 quarter report Sponsor: Dianne McLester-Heim, Ombudsman EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee meeting], seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to accept the Ombudsman FY ’15 4th quarter report, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 3. Accept Development Division FY ’16 1st quarter report Sponsor: Troy Parr, Assistant Division Director/Development; Bruce Danforth, Asst. Division Director/Development Operations; Scott Cottrell, Utilities Manager Motion by Jennifer Webster to accept the Development Division FY ’16 1st quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Treasurer Trish King departs at 2:15 p.m. Treasurer Trish King returns at 2:20 p.m. 4. Accept Environmental Health & Safety Division FY ’16 1st quarter report Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety Motion by Tehassi Hill to accept the Environmental Health & Safety Division FY ’16 1st quarter report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 5. Accept Division of Land Management FY ’16 1st quarter report Sponsor: Patrick Pelky, Division Director/Land Management Motion by Jennifer Webster to accept the Division of Land Management FY ’16 1st quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Treasurer Trish King departs at 2:53 p.m. Treasurer Trish King returns at 2:58 p.m. B. Corporate Reports (No Requested Action) Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 9 of 12 Page 25 of 245 C. DRAFT Boards, Committees, and Commissions 1. Accept Land Claims Commission FY ’15 4th quarter report – Amelia Cornelius, Chair Liaison: Brandon Stevens, Councilman EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee meeting], seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the Land Claims Commission FY ’15 4th quarter report to the December 23, 2015, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the Land Claims Commission FY ’15 4th quarter report to the December 9, 2015, regular Business Committee meeting and to have the Liaison follow-up with them to request somebody to be present, seconded by Brandon Stevens. Motion carried unanimously. Motion by Jennifer Webster to accept the Land Claims Commission FY ’15 4th quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth 2. Defer Oneida Arts Board FY ’16 1st quarter report to the January 27, 2016, regular Business Committee meeting – Nic Reynolds, Chair Liaison: Jennifer Webster, Councilwoman Motion by Jennifer Webster to defer the Oneida Arts Board FY ’16 1st quarter report to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth 3. Accept Anna John Residential Centered Care Community Board FY ’16 1st quarter report – Kimberly Schultz, Chair (No Report Submitted) Liaison Alternate: Tina Danforth, Tribal Chairwoman Motion by Tehassi Hill to defer the Anna John Residential Centered Care Community Board FY ’16 1st quarter report to the January 27, 2016, regular Business Committee, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth XV. EXECUTIVE SESSION A. Reports 1. Accept Oneida Retail Enterprise FY ’15 4th quarter report – Michele Doxtator, Area Manager/Retail Profits EXCERPT FROM DECEMBER 23, 2015: Motion by Fawn Billie to defer the Oneida Retail Enterprise FY ’15 4th quarter report to the January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. Item deferred to the January 27, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 10 of 12 Page 26 of 245 DRAFT 2. Accept Chief Counsel report – Jo Anne House, Chief Counsel Item deferred to the January 27, 2016, regular Business Committee meeting. B. Standing Items 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association Liaison: Trish King, Tribal Treasurer EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. Item deferred to the January 27, 2016, regular Business Committee meeting. C. Audit Committee (No Requested Action) D. Unfinished Business 1. Reevaluate option to fill Organizational Development Specialist position Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM SEPTEMBER 23, 2015: Motion by David Jordan to approve Option 2A contained within the memorandum and to re-evaluate the option in ninety (90) days, seconded by Trish King. Motion carried unanimously. Item deferred to the January 27, 2016, regular Business Committee meeting. 2. Accept Hospice Advantage Recommendation (This item is scheduled at 1:45 p.m. on January 11, 2016) Sponsor: Jennifer Webster, Councilwoman EXCERPT FROM DECEMEBER 23, 2015: Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried with one abstention. EXCERPT FROM OCTOBER 28, 2015: Motion by Lisa Summers to accept the update and to request the additional information be brought back to the Business Committee in thirty (30) days, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM OCTOBER 14, 2015: Motion by Lisa Summers to defer this item to ViceChairwoman Melinda J. Danforth and Councilwoman Jennifer Webster, as the Liaisons, for followup and to bring back recommendations to the October 28, 2015, regular Business Committee, seconded by Trish King. Motion carried unanimously. Item deferred to the January 27, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 11 of 12 Page 27 of 245 DRAFT 3. Defer response for Complaint # 2015-DR13-02 to the January 27, 2016, regular BC meeting Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer the draft response regarding Complaint # 2015-DR13-02 to the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept Complaint # 2015DR13-02 as information and to defer item to the Tribal Secretary’s Office to bring back a draft response for the December 23, 2015, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. Item deferred to the January 27, 2016, regular Business Committee meeting. E. New Business 1. Approve Chief Executive Officer Job Description, Request to Post form, and Recruitment Letter to be sent out nationwide to all heads-of-households on January 18, 2016 Sponsor: Lisa Summers, Tribal Secretary Item deferred to the January 27, 2016, regular Business Committee meeting. XVI. ADJOURN Motion by Brandon Stevens to adjourn at 4:44 p.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ____________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes DRAFT of January 13, 2016 Page 12 of 12 Page 28 of 245 Submitted by: Bonnie Pigman, Supervisor/Enrollment Page 29 of 245 Page 30 of 245 BC Resolution # __-__-__-_ Office of Special Trustee - Sign Off Authority WHEREAS, the Oneida Tribe of Indians of Wisconsin is a federally recognized government and Treaty Tribe recognized by the law of the United States and WHEREAS, the Oneida General Council is the governing body of the Oneida Tribe of Indians of Wisconsin, and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section I of the Oneida Constitution by the Oneida General Tribal Council, and WHEREAS, the Office of Special Trustee for American Indians has requested the Tribe to determine who is officially authorized to instruct OTFM to disburse funds and to make investments for the Tribe, and WHEREAS, the Office of Special Trustee requested the authorized officials to be approved by Tribal Resolution; NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the following officials to instruct OTFM to disburse funds and to make investments for the Tribe: The following individuals are recognized by Tribal Resolution to conduct Business with the Office of Trust funds Management. Tribal officials Authorized to Receive Oneida Trust Fund Information: Title Election Date Term Cristina Danforth Tribal Chairwoman July 2014 3 Yrs Melinda J Danforth Tribal Vice-Chairwoman July 2014 3 Yrs Lisa Summers Tribal Secretary July 2014 3 Yrs Patricia King Tribal Treasurer July 2014 3 Yrs Debra Danforth Trust Chairwoman July 2013 3 Yrs Carole Liggins Trust Vice-Chairman July 2015 3 Yrs Tracy L Metoxen Trust Secretary July 2015 3 Yrs Name (Print) Signature Page 31 of 245 BC Resolution # __-__-__-_ Office of Special Trustee - Sign Off Authority Page 2 of 2 Tribal Officials Authorized to Provide Investment Instructions: Title Election Date Term Debra Danforth Trust Chairwoman July 2013 3 Yrs Susan White Trust Director N/A N/A Jeff House Financial Analyst N/A N/A Name (Print) Signature Tribal Officials Authorized to Initiate Disbursements (one from the Business Committee and one from the Trust Committee required): Title Election Date Term Cristina Danforth Tribal Chairwoman July 2014 3 Yrs Melinda J Danforth Tribal Vice-Chairwoman July 2014 3 Yrs Lisa Summers Tribal Secretary July 2014 3 Yrs Patricia King Tribal Treasurer July 2014 3 Yrs Debra Danforth Trust Chairwoman July 2013 3 Yrs Susan White Trust Director N/A N/A Jeff House Financial Analyst N/A N/A Name (Print) Signature Page 32 of 245 Page 33 of 245 Page 34 of 245 BC Resolution # __-__-__-_ Agreement with Wisconsin Department of Transportation for Corridor Study on Mason St/54 WHEREAS, the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Tribe of Indians of Wisconsin; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the United States Government has adopted laws, including the Moving ahead for st Progress in the 21 Century Act (“MAP-21”), Pub. L. 112-141, that acknowledges the ability of the Oneida Tribe of Indians of Wisconsin to enter into Tribal Transportation Program Agreements under MAP-21 that maintains Government-to-Government relationships; and WHEREAS, the Oneida Tribe of Indians of Wisconsin entered into the Tribal Transportation Program Agreement with the Bureau Of Indian Affairs pursuant to 23 U.S.C. 202 (a) (2) (B), 25 CFR part 170 and as authorized under Pub. L. 93-638, as amended, in 2013; and WHEREAS, the Oneida Tribe of Indians of Wisconsin would like to express its utmost support for a Mason Street/State Highway 54 Corridor Study from Taylor Street to the Green Bay city boundaries at Pleasant Lane; and WHEREAS, the Oneida Tribe of Indians of Wisconsin believe intermodal transportation improvements can help transform the area to be studied, which historically served as an industrial park on the urban fringe and transitioned into a vibrant integrated urban neighborhood; and WHEREAS, the area to be studied presently contains Northeast Wisconsin Technical College, proposed new student housing, several nearby schools, commercial and retail areas, apartments, under developed land, and neighborhoods which are relatively disconnected from each other; and Page 35 of 245 BC Resolution # __-__-__-_ Agreement with Wisconsin Department of Transportation for Corridor Study on Mason St/54 Page 2 of 2 WHEREAS, a corridor study that supports the creation of a more walkable, dense, safe, accessible, and traffic efficient “Mason Street Neighborhood” will be a great benefit to the city of Green Bay, the Oneida Tribe of Indians of Wisconsin, and all those who live, work, learn, or shop along the corridor. NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee adopts this resolution in approval of the Oneida Tribe of Indians of Wisconsin support of a corridor study on Mason Street/State Highway 54 from Taylor Street to the Green Bay City boundaries to Pleasant Lane by the Wisconsin Department of Transportation. NOW THEREFORE BE IT ALSO RESOLVED, that the Oneida Tribe of Indians of Wisconsin shall cooperate and assist as needed with the corridor study by the Wisconsin Department of Transportation. Page 36 of 245 2005-2015 Mason Road Study Area All severity crashes SAM'S CLUB / WALMART FESTIVAL FOODS ONEIDA CASINO Page 37 of 245 Page 38 of 245 Page 39 of 245 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 1 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: Accept the January 6, 2016 LOC Meeting Minutes 3. Supporting Materials Report Resolution Contract Other: 1. Minutes 3. 2. 4. 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: Submitted by: Doug McIntyre, Staff Attorney/Legislative Reference Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 40 of 245 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The purpose of this request is to ask the OBC to accept the attached January 6, 2016 LOC meeting minutes. In accordance with the LOC Bylaws, all minutes shall be submitted to the Tribal Secretary's Office within 30 calendar days after approval by the LOC [See LOC Bylaws, 4-2(a)]. Action Requested: Accept the LOC meeting minutes of January 6, 2016. 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 Page 41 of 245 Legislative Reference Office P.O. Box 365 Oneida, WI 54155 (920) 869-4376 (800) 236-2214 http://oneida-nsn.gov/LOC Committee Members Brandon Stevens, Chairperson Tehassi Hill, Vice Chairperson Fawn Billie, Councilmember David P. Jordan, Councilmember Jennifer Webster, Councilmember LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Business Committee Conference Room-2nd Floor Norbert Hill Center January 6, 2016 9:00 a.m. PRESENT: Brandon Stevens, Jennifer Webster, Fawn Billie, Tehassi Hill, David P. Jordan OTHERS PRESENT: Taniquelle Thurner, Krystal John, Douglass McIntyre, Maureen Perkins, Rae Skenandore, Bradley Graham, Bill Graham, RC Metoxen, Mike Debraska, Nancy Barton, Cathy L. Metoxen, Paula Ripple, Norbert Hill and Bonnie Pigman. I. Call To Order and Approval of the Agenda Brandon Stevens called the January 6, 2016 Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Tehassi Hill to approve the agenda; seconded by Fawn Billie. Motion carried unanimously. II. Minutes to be approved 1. December 16, 2015 LOC Meeting Minutes Motion by Jennifer Webster to approve the December 16, 2015 LOC meeting minutes; seconded by Fawn Billie. Motion carried unanimously. III. Current Business 1. Petition: Food Pantry (03:10-03:58) Motion by Jennifer Webster to forward the Petition: Food Pantry Statement of Effect to the Oneida Business Committee; seconded by David P. Jordan. Motion carried unanimously. 2. Audit Committee Bylaws Amendments (03:59-05:22) Motion by Fawn Billie to accept the Audit Committee Bylaws Amendments legislative analysis and to forward the bylaws to the Oneida Business Committee for consideration; seconded by David P. Jordan. Motion carried unanimously. 3. Oneida Flag Policy (05:23-06:23) Motion by David P. Jordan to accept the updated legislative analysis for the Oneida Flag Policy; seconded by Jennifer Webster. Motion carried unanimously. 4. Marriage Law Amendments (06:24-07:33) Motion by Fawn Billie to accept the legislative analysis for the Marriage Law amendments, Legislative Operating Committee Meeting Minutes of January 6, 2016 Page 1 of 3 Page 42 of 245 defer the amendments to the Finance Department for a fiscal impact statement and direct the Legislative Reference Office to prepare the amendments for a public meeting to be held on February 18, 2016; seconded by Jennifer Webster. Motion carried unanimously. 5. Cemetery Law Amendments (07:34-13:52) Motion by Jennifer Webster to defer the draft Cemetery Law Amendments to the Legislative Reference Office for legislative analysis and to the Finance Department for a fiscal impact statement; seconded by David P. Jordan. Motion carried unanimously. 6. Oneida Higher Education Scholarship (13:53-52:51) Motion by Fawn Billie to defer the Oneida Higher Education Scholarship to the next Legislative Operating Committee meeting to allow for an updated fiscal impact statement and for the Higher Education Student Handbook is approved by the Director of Government Services; seconded by David Jordan. Motion carried unanimously. Amendment to the main motion by David P. Jordan to require the Chief Counsel to prepare a written legal opinion considering whether the Law conflicts with the General Tribal Council resolutions related to the Higher Education Scholarship; seconded by Jennifer Webster. Motion carried unanimously. 7. Public Use of Tribal Land Amendments (52:52-53:50) Motion by David P. Jordan to forward to the Public Use of Tribal Land Amendments adoption packet to the Oneida Business Committee for consideration; seconded by Tehassi Hill. Motion carried unanimously. 8. Land Commission Bylaws Amendments (53:51-54:11) Motion by David P. Jordan to defer the Land Commission Bylaws Amendments to the Legislative Reference Office for a legislative analysis; seconded by Tehassi Hill. Motion carried unanimously. IV. New Submissions 1. Trust/Enrollment Committee Bylaw Amendments (54:12-01:05:49) Motion by Jennifer Webster to add the Trust/Enrollment Committee Bylaw Amendments to the Active Files List; seconded by Fawn Billie. Motion carried unanimously. Note: Jennifer Webster will be the sponsor of this item. 2. Eviction Law (01:05:50-01:06:18) Motion by Fawn Billie to add the Eviction Law to the Active Files List with Brandon Stevens as the sponsor; seconded by Tehassi Hill. Motion carried unanimously. V. Additions VI. Administrative Updates 1. Oneida Code Reorganization (1:06:18-1:09:29) Motion by Tehassi Hill to forward the Oneida Code Reorganization adoption packet, which includes the memorandum, the resolution and the statement of effect, to the Oneida Business Committee for consideration; seconded by Fawn Billie. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of January 6, 2016 Page 2 of 3 Page 43 of 245 VII. Executive Session VIII. Recess/Adjourn Motion by Tehassi Hill to adjourn the January 6, 2016 Legislative Operating Committee meeting at 10:10 a.m.; seconded by Jennifer Webster. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of January 6, 2016 Page 3 of 3 Page 44 of 245 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 1 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: Approve Audit Committee Bylaws 3. Supporting Materials Report Resolution Contract Other: 1. Memorandum 3. Analysis 2. Audit Committee Charter 4. Audit Committee Bylaws (clean) 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: Submitted by: Doug McIntyre, Staff Attorney/Legislative Reference Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 45 of 245 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The Comprehensive Policy Governing Boards, Committees and Commissions requires the Oneida Business Committee to approve the bylaws of a board, committee or commission. Requested action: Approve the Audit Committee Bylaws 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 Page 46 of 245 Page 47 of 245 AUDIT COMMITTEE CHARTER PURPOSE The purpose of the Audit Committee is to ensure the integrity of the financial reporting and audit systems of The Oneida Tribe: assist in the maintenance of adequate financial reporting, information technology and audit systems; supervise the recruitment and recommendation to retain a public accounting firm for special and annual audits; and to fulfill its oversight responsibilities for the financial reporting process, the system of internal control, the audit process and the Tribe’s process for monitoring compliance with laws and regulations and the code of conduct. To report to the Oneida Business Committee and to the General Tribal Council, when appropriate, relative to audits, financial reports, management reports and recommended corrective measures. AUTHORITY Source - The Audit Committee has been delegated the authority from the Oneida Business Committee, through the Audit Law, to ensure the integrity of the Tribe’s financial reporting and audit systems. • The Audit Committee shall be responsible for evaluating and recommending to the Oneida Business Committee, an independent public accounting firm for the annual or any special audit, unless there is a prior alternative written agreement in place delegating the responsibility for a given special audit. Oversight - The Audit Committee shall have the responsibility of oversight over the Tribal audit processes and the process of investigation into alleged or suspected improprieties and violations of fiscal and ethics policies, codes, regulation, and directives. • The Audit Committee shall conduct oversight over the activities of the internal audit function in independent assignments related to auditing, evaluating, and special investigations related to detecting fraudulent financial reporting and conducting investigations into fraud and theft in the Tribe’s businesses, enterprises and programs. Enforcement - The Audit Committee will have the ability to utilize all existing enforcement authorities to carry out their responsibilities to achieve their purpose. • • • Compel Executive Management and Chairpersons of Boards, Committees and Commissions to attend meetings representing issues as needed. Compel Management, Boards, Committees and Commissions to comply with audit requests and reply to audit reports. The Audit Committee shall instruct the independent external auditor and the internal auditor that the Committee expects to be advised if there are any areas that require its special attention. 1 Page 48 of 245 • • • Issue notices of noncompliance, as appropriate, to Executive Management in accordance with the Employee Manual Negligence provision. Issue notices of violation of Oath of Office, as appropriate to Board, Committee and Commission members. Seek legislative improvements to assure the Tribe’s code of ethics, code of conduct and conflict of interest are current and adequate to ensure fairness for all and equity by protecting the resources. COMPOSITION Audit Committee - The Audit Committee will consist of at least five (5) members who are age 21 and above and are enrolled members of the Oneida Nation of Wisconsin. Four members will consist of Business Committee members and one committee member will be a community member. The Chair and Vice-Chair will be determined by nomination at the first meeting after appointment. Each committee member will be both independent and financially literate or have access to financial expertise, whether in the form of a single individual serving on the committee, or collectively among committee members. Defining independence of each Audit Committee member is important for the Tribe including: • • • • Not employed by any Tribal entity Does not provide contract services to the Tribe Not a member of any other Tribal Board, Committee or Commission Represents only the interests of the Tribe at large while in session The Audit Committee shall strictly adhere to the Oneida Tribe’s Code of Ethics, Rules of Conduct and Conflict of Interest Policies. At least one member shall be designated as the “financial expert,” as defined by employment experience in finance and accounting, certification or other comparable background and experience. Components of financial expertise include: • • • • The ability to assess the general application of the principles and standards in connection with the accounting for estimates, accruals, and reserves. An understanding of internal controls. An understanding of the procedures for financial reporting. An understanding of audit committee functions and responsibilities. MEETINGS The Audit Committee shall require appropriate administration, through the chain of authority, to appear at Audit Committee meetings. All committee members are expected to attend each meeting. The Audit Committee shall meet on a monthly basis and special meetings may be called as circumstances require. The Committee shall meet privately with the internal auditor, independent auditor, legal counsel and management as required. 2 Page 49 of 245 The committee will invite members of management, auditors or others to attend meetings and provide pertinent information, as necessary in open session. It will hold private meetings and executives sessions with auditors. RESPONSIBILITIES Financial Statements Review and discuss annual and quarterly statements and Managements Discussion & Analysis (MD&A) with management and auditors. Internal Control The audit committee’s role is to ensure that management has developed and follows an adequate system of internal control, including: • • • • • Monitoring compliance with legal and regulatory requirements Risk assessment and risk management. Adopt a code of ethics for senior financial officers which includes monitoring and enforcement. Establish procedures for the receipt, retention, and treatment of complaints; establish a confidential anonymous submission by employees for concerns regarding questionable matters. Ensure open communication and information flow with management, internal auditors and external auditors. Internal Audit The Internal Audit Department shall be responsible to the Audit Committee. The Internal Audit Department shall have delegated authority from the Audit Committee and shall have the greatest ability to obtain information reasonably related to an audit. • • • • Perform all work in accordance with the International Professional Practices Framework. All information collected or derived from an audit, upon closure, shall be retained for seven years in a secure location in accordance with the Records Management Law. The Internal Audit Department shall make reports available to the Audit Committee, Oneida Business Committee and Administration on a need to know basis. Reports accepted by the Business Committee shall be made available for review by Tribal Members who make a request. External Audit The Audit Committee shall: • • • Ensure auditor qualifications. Oversee performance of external auditor. Assure all reports go directly to the Audit Committee Compliance 3 Page 50 of 245 Review the effectiveness of the system for monitoring compliance with laws and regulations and the results of management’s investigation and follow-up of any instances of non-compliance. Special Audits may be recommended by the Audit Committee from time to time, but such audits shall be requested in writing to the Business Committee. Reporting Responsibilities The Audit Committee shall report, as deemed appropriate, to the Oneida Business Committee. • • Approved Audit Committee minutes, appropriate supporting information and audit reports shall be presented to the Business Committee for consideration and acceptance. There shall be an open avenue of communication between internal audit, the external auditors and the Business Committee. Other Responsibilities The Audit Committee should complete a self-evaluation annually to identify improvement opportunities. This involves comparing the committee’s performance to its charter, any formal guidelines and rules and against best practices. Such a review is confidential and may or may not include evaluations of particular members. 4 Page 51 of 245 Audit Committee Bylaws Analysis Draft Entity Requestor Reason for Request Members Authority Hearing Authority 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Analysis by the Legislative Reference Office Audit Committee (Committee) Internal Audit Drafter Douglass McIntyre Analyst Candice E. Skenandore / Maureen Perkins On April 27, 2011, the OBC referred the Audit Committee Charter to the LOC for review of authority and review under the context as bylaws 5 members total, Stipends $50 a month Elected & Elected/ 4 OBC, 1 other appointed Appointed Audit Law delegates authority to the Committee to ensure the integrity of the Tribe’s financial reports and audit systems by overseeing the Tribal audit processes and the process of investigation into any alleged or suspected improprieties and violations of fiscal and ethical policies, codes, regulations and directives. In addition, the Audit Law provides the Committee with the ability to utilize all existing enforcement authorities to carry out its responsibilities [See Audit Law 8.5-1 through 8.5-3]. Neither the bylaws nor the Audit Law provide the Committee with hearing authority. Overview The Committee is a standing committee of the Oneida Business Committee (OBC) which has been operating pursuant to the Oneida Internal Audit Committee Charter that was approved by the Committee on February 24, 2011. The Committee is composed of four OBC members and one community member who is appointed. The proposed Bylaws mirror the current charter with the exception of the following:  Language has been added and formatting changes have been made to the Bylaws which are consistent with the requirements set out in the Comprehensive Policy Governing Boards, Committees and Commissions.  The Charter requires at least one Committee member to be designated as the “financial expert” while these Bylaws require Committee members to have access to financial expertise be it the Chief Financial Officer, a Committee member or collectively amongst the Committee members [See 1-4 (d) (2)].  The Chairperson and Vice Chairperson are nominated at the first meeting after the appointment; however, language has been added that requires the Chairperson and Vice Chairperson be OBC representatives [See 2-4]. The appointed community member cannot hold an officer position.  The Committee must recruit and hire a qualified Internal Audit Director or Manager [See 2-5].  The Charter provides the Committee with enforcement authority to carry out its responsibilities which includes compelling the appropriate entities to attend meetings and comply with audit requests as well as issuing notices of non-compliance and oath violations. The proposed Bylaws will require the Committee to request the OBC to perform these duties [See 6-2 (a, b, d & e)]. Page 1 of 2 Page 52 of 245 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43   The responsibilities of the Internal Audit Department have been omitted from the Committee’s Bylaws. The Internal Audit Department is no longer required to 1) ) make reports available for review by Tribal members who make a request after the OBC accepts the reports and 2) work in accordance with the International Professional Practices Framework. According to the Interim Internal Audit Manager, the Internal Audit Department’s internal audit reports to the Audit Committee adhere to the Professional Practices Framework of the Institute of Internal Auditors. Considerations These Bylaws require the Committee to recruit and hire an Internal Audit Director or Manager [See 2-5]. The LOC may want to consider adding language that states that if the Internal Audit Director position is vacant, the Committee must fill the vacancy with a qualified applicant. Miscellaneous A public meeting is not required for bylaws. The Bylaws comply with Section 8-4 of the Comprehensive Policy Governing Boards, Committees and Commissions. Page 2 of 2 Page 53 of 245 For OBC Consideration 2016 01 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AUDIT COMMITTEE BYLAWS Article I. Authority 1-1. Name. The name of this committee shall be the Audit Committee, hereinafter referred to as “Committee.” 1-2. Authority. By the authority of the Oneida Business Committee, the Committee was created by adoption of the Audit Law Resolution BC-07-15-98-C. Through the Audit Law, the Committee has been delegated the authority to ensure the integrity of the Tribe’s financial reporting and audit systems. Definitions for the words used throughout these bylaws shall be taken from the Audit Law. All words not defined in the Audit Law shall be used in their ordinary and everyday sense. 1-3. Office. The office of the Committee shall be located within the exterior boundaries of the Oneida Reservation and its mailing address shall be P.O. Box 365, Oneida, WI 54155. 1-4. Membership. a. Number of members. The Committee shall consist of five (5) members. b. How elected or appointed. 1. Four (4) Committee members shall be Oneida Business Committee members, excluding the Treasurer, selected by a majority of the Oneida Business Committee. A. Any member of the Business Committee, with the exception of the Treasurer, may serve as Ad Hoc when needed. 2. One (1) Committee member shall be a member of the community who meets the qualifications of 1-4(d). This member shall be appointed in accordance with the Comprehensive Policy Governing Boards, Committees and Commissions. c. How vacancies are filled. Vacancies on the Committee shall be filled in accordance with section 1-4(b) for the remainder of the outstanding term. d. Qualifications of members. 1. The appointed Committee member shall be at least twenty-one (21) years of age and be an enrolled member of the Oneida Tribe of Indians of Wisconsin. 2. Committee members shall be both independent and financially literate or have access to financial expertise, whether in the form of the Chief Financial Officer, a single individual serving on the Committee, or collectively among Committee members. Components of financial expertise include: A. The ability to assess the general application of the principles and standards in connection with the accounting for estimates, accruals, and reserves. B. An understanding of internal controls. C. An understanding of the procedures for financial reporting. D. An understanding of Audit Committee functions and responsibilities. e. Term of office. 1. The terms of the Audit Committee members shall coincide with the term of the Oneida Business Committee. 2. The term of the appointed community member shall expire midway through the term of the Oneida Business Committee. 3. Defining independence of each Committee member is important for the Tribe and no Committee member may: A. Be employed by any Tribal entity. B. Provide contract services to the Tribe. C. Be a member of any other Tribal Board, Committee or Commission, other than the Oneida Business Committee. 1 Page 54 of 245 For OBC Consideration 2016 01 27 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 D. Represent any interests other than the Tribe’s while acting as a member of the Committee. 4. Committee members shall strictly adhere to the Tribe’s laws and policies establishing ethical standards and/or conflicts of interest, and any code of conduct. All work shall be performed in accordance with the International Professional Practices Framework. Failure to do so may result in the removal from the Committee or termination of an appointment. Article II. Officers 2-1. The Committee shall have two (2) officers: Chairperson and Vice-Chairperson. The terms of office for the officers shall coincide with the terms of the Oneida Business Committee members. 2-2. Chairperson Duties. The Chairperson shall preside over all meetings and may not vote except in the case of a tie. The Chairperson shall be responsible for calling meetings and notifying members with the assistance of the Internal Audit Department. 2-3. Vice-Chairperson Duties. The Vice-Chairperson shall assist the Chairperson with his or her duties, at the request of the Chairperson, and shall preside over all meetings in the Chairperson’s absence. 2-4. How Officers are Chosen. The Chairperson and Vice-Chairperson shall be chosen from the Oneida Business Committee representatives by all Committee members present at the first meeting held after the Committee is appointed. 2-5. Personnel. The Committee shall recruit and hire a qualified Internal Audit Director or Manager to lead the internal audit function and to assure unbiased audit and investigative processes and reporting. Article III. Meetings 3-1. All meetings of the Audit Committee are to be closed session as required by the International Professional Practices Framework with the exceptions below. 3-2. The Committee shall meet on a monthly basis within the Reservation boundaries. a. All Committee members are expected to attend each meeting. b. The Committee may invite entity representatives, auditors or others to attend meetings and provide pertinent information. c. The Committee may hold meetings in executive session with auditors, legal counsel, and entity representatives as invited. 3-3. Emergency and Special Meetings. Emergency or special meetings of the Committee may be called by the Chairperson or upon written request of any two (2) members. The Chairperson shall designate a time and place for holding an emergency or special meeting. 3-4. Notice of Emergency or Special Meeting. Notice of an emergency or special meeting shall be: a. Members. The Committee shall provide notice to members at least forty-eight (48) hours prior to the date set for any such meeting. Notice may be communicated in person, or through electronic communication. b. Public. The Committee shall provide public notice of special meetings by submitting the date, time and location of the special meeting to the Intergovernmental Affairs and Communications Department to be included on the community calendar on the Tribe’s website no later than twenty-four (24) hours prior to the time of the special meeting. 3-5. Quorum. A quorum shall consist of a majority of current members of the Committee and shall include the Chairperson or Vice-Chairperson. 2 Page 55 of 245 For OBC Consideration 2016 01 27 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 3-6. Order of Business. The regular meetings of the Committee shall follow the order of business as set out herein: a. Call to Order. b. Approval of Agenda c. Approval of Minutes d. Old Business e. New Business f. Executive Session g. Adjourn 3-7. Voting. Decisions of the Committee shall be based on a majority of a quorum of members present at a meeting. The officer presiding at a meeting shall vote only in case of a tie. 3-8. Stipends. The appointed Committee member shall be paid a meeting stipend in accordance with Section 11-3 of the Comprehensive Policy Governing Boards, Committees and Commissions, provided that the meeting has established a quorum for a minimum of one (1) hour and the Committee member collecting the stipend was present for at least one (1) hour of the established quorum. Article IV. Reporting 4-1. Agenda items shall be in an identified format. 4-2. Minutes shall be typed and in a consistent format designed to generate the most informative record of the meetings of the Committee. 4-3. Handouts, reports, memoranda and the like may be attached to the minutes and agenda, or may be kept separately, provided that all materials can be identified to the meeting in which they were presented. 4-4. The Committee shall report to the Oneida Business Committee and to the General Tribal Council, when appropriate, relative to audits, financial reports, management reports and recommended corrective measures. 4-5. The Committee shall report to the Oneida Business Committee, as often as deemed appropriate, the approved Committee minutes, audit reports and appropriate supporting information. a. Minutes and audit reports require Oneida Business Committee acceptance in order to finalize the audit records. Article V. Amendments 5-1. The Bylaws of the Committee shall be amended with the approval of a quorum of the Committee and upon subsequent approval by the Oneida Business Committee. Article VI. Responsibilities 6-1. The Committee shall have oversight of the activities of the internal audit function in independent assignments related to auditing, evaluating, and special investigations related to detecting fraudulent financial reporting and conducting investigations into fraud and theft in the Tribe’s entities. The Committee shall perform all work in accordance with the International Professional Practices Framework. 6-2. Enforcement. The Committee shall have the ability to utilize all existing enforcement authorities to carry out their responsibilities to achieve their purpose, including: a. Request the Business Committee to compel entity representatives to attend meetings in order to represent issues. 3 Page 56 of 245 For OBC Consideration 2016 01 27 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 b. Request the Business Committee to compel entity representatives to comply with audit requests and reply to audit reports. c. Instruct the external auditor and the internal auditor that the Committee expects to be advised if there are any areas that require its special attention. d. Request the Business Committee to issue notices of noncompliance to entity employees in accordance with the disciplinary provisions relating to work performance and personal actions, as provided for in the Tribe’s Personnel Policies and Procedures. e. Request the Business Committee to issue notices of violation of Oath of Office, as appropriate, to entity members. f. Seek improvements to assure the Tribe’s laws and policies establishing ethical standards and/or conflicts of interest, as well as any code of conduct implemented are current and adequate to ensure fairness for all and equity by protecting the resources. 6-3. Financial Statements. The Committee shall review and discuss annual statements and Managements Discussion & Analysis (MD&A) with auditors. 6-4. Internal Control. The Committee shall ensure that entities have developed and follow an adequate system of internal control, including: a. Compliance with legal and regulatory requirements. b. Risk assessment and risk management. c. Adopt a code of ethics which includes monitoring and enforcement. d. Establish procedures for the receipt, retention, and treatment of complaints; establish a confidential anonymous submission by individuals for concerns regarding questionable matters. e. Ensure open communication and information flow with entities, internal auditors and external auditors. 6-5. External Audit. The Committee shall be responsible for evaluating and recommending to the Oneida Business Committee, an independent public accounting firm for the annual or any special audit, unless there is a prior alternative written agreement in place delegating the responsibility for a given special audit. When an external auditor is hired, the Committee shall: a. Verify the qualifications of the external auditor. b. Oversee the performance of the external audit. c. Assure all reports from the external auditor go directly to the Committee. 6-6. Compliance. The Committee shall review the effectiveness of the system for monitoring compliance with laws and regulations and the results of an entity’s investigation and follow-up of any instances of non-compliance. Special audits and/or investigations may be recommended by the Audit Committee. 6-7. Other Responsibilities. The Committee shall complete a self-evaluation annually to identify improvement opportunities. This includes comparing the Committee’s performance to its bylaws, any formal guidelines and rules, and against best practices. Such review is confidential and may or may not include evaluations of particular members. These Bylaws are hereby attested to as adopted by the Audit Committee at a duly called meeting held on the _______ of _______________, 2016 by the Audit Committee Chairperson’s signature. 4 Page 57 of 245 For OBC Consideration 2016 01 27 192 193 194 195 196 197 198 199 200 201 202 203 204 _________________________________ Tehassi Hill, Chairperson Audit Committee These By-Laws are also approved by the Oneida Business Committee at a duly called meeting held on the _______ of __________________, 2016 by the Secretary of the Oneida Business Committee’s signature. _____________________________________ Lisa Summers, Tribal Secretary Oneida Business Committee 5 Page 58 of 245 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 1 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: Accept the memorandum regarding the status of the Children's Code. 3. Supporting Materials Report Resolution Contract Other: 1. Memorandum 3. 2. 4. 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: Submitted by: Doug McIntyre, Staff Attorney/Legislative Reference Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 59 of 245 Page 60 of 245 Submitted by: Denise Vigue, Executive Assistant/Finance Page 61 of 245 Page 62 of 245 MEMORANDUM TO: CC: FR: DT: RE: Finance Committee Business Committee Denise Vigue, Executive Assistant January 18, 2016 E-Poll Results of: FC Meeting Minutes of January 18, 2016 An E-Poll vote of the Finance Committee was conducted to approve the January 18, 2016 Finance Committee meeting minutes. The results of the completed E-Poll are as follows: E-POLL RESULTS: There was a Majority 5 YES votes from Larry Barton, Jennifer Webster, Patrick Stensloff, David Jordan and Chad Fuss to approve the Jan. 18, 2016 Finance Committee Meeting Minutes. The minutes will be placed on the next BC agenda of January 27, 2016 for approval and the next Finance Committee agenda of February 1, 2016 to ratify this E-Poll action. Yaw⩑ko ______________________________________________________________________________________________________________________________________________ * Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any meeting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Page 63 of 245 ONEI D A FI N ANCE COM M I TTEE January 18, 2016 – 10:00 A.M. Business Committee Executive Conference Room REGULAR MEETING MINUTES Members Present: Patricia King, Treasurer/FC Chair David Jordan, BC Council Member Patrick Stensloff, Purchasing Director Larry Barton, CFO/FC Vice-Chair Jenny Webster, BC Council Member Chad Fuss, Gaming AGM/FC Alternate Excused: Wesley Martin, Jr., Community Elder Member Others Present: Paul Witek, Susan White, Heather Ohuafi, Luke Schwab, Matthew Payne and Denise Vigue, FC recording secretary I. Call to Order: The meeting was called to order by the FC Chair at 10:00 A.M. II. Appr oval of Agenda: JANUARY 18, 2016 Motion by David Jordan to approve the Finance Committee agenda for Jan. 18, 2016. Seconded by Jennifer Webster. Motion carried unanimously. III. Appr oval of Minutes: JANUARY 4, 2016 (approved via FC E-Poll on 1/4/16) Motion by David Jordan to ratify the FC E-Poll action of Jan. 4, 2016 approving the Finance Committee meeting minutes of Jan 4, 2016. Seconded by Larry Barton. Motion carried unanimously. IV. Tabled Busi ness: No Tabled Business V. Capital Expenditures: No items submitted VI. New Business: 1. Graphic Composition, Inc. Brenda Mendolla-Buckley, Gaming Marketing Heather Ohuafi was present to discuss this contract. Gaming Marketing went through the 3 bid process as well as their own internal process by providing specific jobs to potential vendors to compare quality; she also provided details of their mailing program; they would like to gain greater accountability with vendor as a direct source rather than to go through printing; Oneida Printing cannot produce all of Gaming Marketing needs, but they have been working together to product as much as Oneida Printing can handle with their capabilities/equipment; there is a non-disclosure agreement signed by vendor as well as language of percentage off should vendor make any printing errors. Motion by Jennifer Webster to approve the Graphic Composition, Inc. contract in the amount of $219,304.00. Seconded by David Jordan. Motion carried unanimously. 2. Miron Construction-Main Casino - AP#17 Final Miron Construction –Mason Street Casino - AP#17 Final A Wayne Metoxen, Project Mgr.-Engineering Paul Witek was present to discuss these final payment applications to this vendor for this specific project; he noted the credit back when payment is made as the work will be completed under budget; the close out report will come after the West Mason Street Casino Page 1 of 3 Finance Committee Meeting Minutes of January 18, 2016 Page 64 of 245 parking lot is completed in the spring. Motion by David Jordan to approve the final payments for the Main Casino (AP#17) in the amount of $23,724.52 and for the Mason Street Casino (AP#17A) in the amount of $3,379.61 to Miron Construction for work on the Casino Project. Seconded by Larry Barton. Motion carried unanimously. VII. Donation Requests: 1. Church of the Holy Apostles Requestor: Susan White, Senior Warden Susan White was present to discuss the church’s request; they have four older furnaces that are now failing, this will assist them with a furnace replacement in the office for the priest; most of the church’s congregation is Oneida members. Larry provided details of the past donations from the tribe to assist with the roof replacement. Motion by Larry Barton to approve from the Finance Committee Donation Line $2,500.00 to assist the Church of the Holy Apostles with furnace replacement costs. Seconded by David Jordan. Jennifer Webster abstained. Motion carried. 2. National Indian Child Welfare Association Requestor: Dr. Sarah Kastelic Last year same amount was approved, this request is for sponsorship with their annual conference; Oneida Tribe will be in their printed sponsorship guides at the conference the same as last year. Motion by David Jordan to approve from the Finance Committee Donation Line $1,000.00 to the National Indian Child Welfare Association for conference sponsorship. Seconded by Larry Barton. Motion carried unanimously. 3. Lutheran Social Services-Wellspring Requestor: Jane Jordan, LSS This is a local program that provides Women’s services, open to all women and has assisted Oneida women in the past, donation will assist with the services they can provide. Motion by Jennifer Webster to approve from the Finance Committee Donation Line $2,500.00 to assist the Wellspring Program for women. Seconded by David Jordan. Motion carried unanimously. 4. Rawhide, Inc. Requestor: John Solberg, Executive Director This is an established program that assists male youth by providing mentorship and training skills; there have been Oneida youth and families that have benefited from this program Motion by Jennifer Webster to approve from the Finance Committee Donation Line $2,500.00 to assist Rawhide, Inc. with their programs for youth. Seconded by David Jordan. Motion carried unanimously. 5. 2016 Tri-History Conference Requestor: Matthew Payne, HSEC Matthew Payne from the Historical Society of the Episcopal Church was present to discuss this conference and donation being requested: the conference will be in Oneida and is an Page 2 of 3 Finance Committee Meeting Minutes of January 18, 2016 Page 65 of 245 International conference with main speaker coming from Canada; donation will assist with fees for the Oneida Singers, Oneida reservation tours and other associated Oneida tribal activities at the conference; they also have this on the upcoming BC agenda to ask for in-kind services such as BC member participation and mailers; the Oneida Holy Apostles Church will also host some of the conference activities. Motion by David Jordan to approve from the Finance Committee Donation Line $2,500.00 for sponsorship of the 2016 Tri-History Conference. Seconded by Larry Barton. Jennifer Webster abstained. Motion carried. VIII. Executi ve Session: None IX. Follow Up: Non e X. FYI and /or Thank You: 1. Outagamie County Governmental Agreement Paula King Dessart, BC Office Manager Motion by Larry Barton to accept the Outagamie County Governmental Agreement and payment as FYI. Seconded by David Jordan. Motion carried unanimously. XI. Adjour n: Motion by David Jordan to adjourn. Seconded by Chad Fuss. Motion carried unanimously. The meeting ended at 10:25 A.M. The next Finance Committee meeting is scheduled for Monday, Feb. 1, 2016 at 10:00 A.M. in the BC Executive Conference Room. Minutes taken and transcribed by: Denise Vigue, Executive Assistant in Finance & Finance Committee Recording Secretary Finance Committee- E-Poll Minutes Approval Date: January 18, 2016 Oneida Business Committee- FC Minutes- Approval Date: ______________ Page 3 of 3 Finance Committee Meeting Minutes of January 18, 2016 Page 66 of 245    /  /                                      Page 67 of 245 Page 68 of 245 Page 69 of 245 Community Development Planning Committee Meeting Minutes 9am – 12pm Thursday, December 3, 2015 NHC Executive Conference Room I. Meeting Call to Order at 9:00a.m. with Roll Call II. Others in Attendance: Michele Doxtator, Joanie Buckley, Pat Pelky, Bill VerVoort, Brian Doxtator, Anita Barber, Paul Witek, Nancy Barton, Troy Parr, Dan George Skenandore, Joan Christnot, Vicky Deer, Jackie Boyle, Craig Clausen, Apache Danforth, Danelle Wilson, Sheila Huff, Leanne Doxtater, Dawn MoonKopetsky, Cathy Metoxen, Stacie Danforth, Jeff Metoxen, Larry Barton, and Leyne Orosco (minute-taker). III. Approve the agenda Motion by Lisa Summers to approve the agenda, seconded by David Jordan. Motion carried unanimously. Ayes: Lisa Summers, David Jordan, Jennifer Webster, Fawn Billie IV. Minutes to be approved: 1. October 1, 2015 Motion by Lisa Summers to approve the minutes, seconded by David Jordan. Motion carried unanimously. Ayes: David Jordan, Lisa Summers, Jennifer Webster, Fawn Billie V. New Business 1. Oneida Gaming Commission Lease from Seven Gens Motion by Lisa Summers to defer to FMT, seconded by David Jordan. Motion carried unanimously. Ayes: Lisa Summers, David Jordan, Jennifer Webster, Fawn Billie _A_ Melinda J. Danforth, CDPC Chair _P_ Tehassi Hill, CDPC Vice Chair _A_ Jennifer Webster, Councilwoman (P- present, A- Absent) 2. _P_ Lisa Summers, OBC Secretary _P_ Fawn Billie, Councilwoman _P_ David Jordan, Councilman FMT – NHC Head Start Move Lisa asked if all the parties were in consensus and what is the backup plan. Motion by Lisa Summers to accept the report, seconded by David Jordan. Motion carried unanimously. Ayes: Lisa Summers, David Jordan, Jennifer Webster, Fawn Billie Page 1 of 3 Page 70 of 245 VI. Reports 1. Hwy 54 One Stop Update – Michele Doxtator Storage tanks were installed in November. Estimated opening date is June 26, 2016. Lisa requested the estimated completion date be added to future reports. Customers migrated to EE location due to proximity on the reservation. Two different soils removed and disposed of at state licensed facility and the soft materials were removed from the reservation and stored by contractor as they were not suitable for construction. Nancy asked where recycled materials were dumped and would it be monitored in future. Troy stated that procedures are in place to prevent what happened in the past. Motion by Lisa Summers to accept the update. Seconded by David Jordan. Motion carried unanimously. Ayes: Lisa Summers, David Jordan, Jennifer Webster, Fawn Billie 2. BP Site Update Pat stated a two year Brownfield grant was being sought to remove the contaminated soil from this site and the former Mike & Diane’s property. Discussion was centered on the improvements necessary to develop and presentation to DOLM. Lisa asked about what is going to be the theme for this area and at what point would it be recommended to the community. Leanne and Troy stated this is a multi-step process with cleanup first through securing grants and working on a street scape plan. It will include creating civic space as well as possibly moving the Farmer’s Market. Any investor interest in developing property may be available in six months to determine availability. We are still taking time to developing concepts. Public input is ongoing. Anita asked about cultural infusion. Troy stated the comprehensive plan has broad reaching goals and artwork as well as landscapes will be included. Motion by Lisa Summers to accept the update, seconded by Jennifer Webster. Motion carried unanimously. Ayes: Lisa Summers, David Jordan, Jennifer Webster, Fawn Billie 3. Recreation Facility Update Leanne gave an update with different options available. David asked about the roadblocks. Troy stated the project could not be a sharable facility as there are not enough common spots. There would have to be a separate school side and a community side as BIA requirements need to be taken into consideration. Lisa asked to identify the roadblocks and bring forward as well as what alternatives are and this committee will determine. Motion by Lisa Summers to accept the verbal update, seconded by David Jordan. Motion carried unanimously. Ayes: Lisa Summers, David Jordan, Jennifer Webster, Fawn Billie Page 2 of 3 Page 71 of 245 4. Cultural Resource Fund Grant Update – Anita Barber Anita stated there are some hurdles with the FCC but they are moving forward to find locations and offer some type of broadcasting. Lisa asked if there were any opportunities to observe other stations. Anita stated not done but they are working on it. They are also working with other individuals with knowledge in this area. Motion by Lisa Summers to accept the update, seconded by Fawn Billie. Motion carried unanimously. Ayes: Lisa Summers, David Jordan, Jennifer Webster, Fawn Billie 5. Agricultural Showcase – Brian Doxtator Brian gave an update on the Showcase held on September 30, 2015 at the Radisson. Approximately 50 individuals attended and comments were received from the five different discussion groups. He gave an overview of the five strategies and was unsure of what the next steps should be. Looking at having another showcase in February or March to get further input from the community. Leanne stated they were working on a pictorial to share with the BC and the community. Cathy stated she was not impressed with the makeup of the summit. Joanie stated it was a nice event and need to find a mechanism to engage the community more. Hope to create a positive organization and building food systems. Grandparents were there and they loved it as they were excited to see something being done. Joanie stated they were also working on a quadroponics and projected this be completed at the end of the summer. Troy stated that people show up to events when it affects them and suggested using more social media as a creative and innovative way to engage others to attend. Tehassi though it was a great turnout for the event. Motion by David Jordan to accept the update, seconded by Lisa Summers. Motion carried unanimously. Ayes: Fawn Billie, Jennifer Webster, Lisa Summers, David Jordan VII. Recess/Adjourn Motion by David Jordan to adjourn at 10:42a.m., seconded by Lisa Summers. Motion carried unanimously. Ayes: Fawn Billie, Jennifer Webster, Lisa Summers, David Jordan Page 3 of 3 IX. GENERAL TRIBAL COUNCIL A. Petitioner John E. Powless Jr.: Per Capita Payments Sponsor: Lisa Summers, Tribal Secretary B. Petitioner Madelyn Genskow: Special GTC meeting to address six resolutions 1) Completed Scheduling General Tribal Council Meetings 2) Fee to Trust Process 3) Elder Services Means Testing 4) Record Subcommittee Meetings 5) Governmental Services Chain of Command 6) Unclaimed Per Capita Payments Sponsor: Lisa Summers, Tribal Secretary C. Determine available General Tribal Council meeting date to address Petitioner Frank Cornelius: four resolutions 1) Completed Scheduling General Tribal Council Meetings 2) Fee to Trust Process 3) Freedom of Speech, Press, and Assembly 4) Imposing a Tax on the Business Committee Sponsor: Lisa Summers, Tribal Secretary D. Approve revised meeting date for Special General Tribal Council meeting from March 19, 2016, to March 26, 2016 Sponsor: Lisa Summers, Tribal Secretary These agenda items contain information for Tribal Members only. Please visit the Business Committee Support Office on the second floor of the Norbert Hill Center with Tribal I.D. to obtain full packet materials. Materials may also be obtained after logging into the Tribal Members only portal at https://oneidansn.gov/members-only/gtc-portal/bc-meeting-materials-for-members-only/ For any questions, please call the Business Committee Support Office at (920)869-4364 or send an email to TribalSecretary@oneidanation.org. Thank you. Page 91 of 245 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 1 / 27 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Unfinished Business Accept as Information only Action - please describe: Accept update of Work Plan for Cemetery Improvements project #14-002. 3. Supporting Materials Report Resolution Contract Other: 1. Work Plan 3. 2. 4. 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/Submitter: Troy Parr, Asst. Division Director/Development Your Name, Title / Dept. or Tribal Member Additional Requestor: Paul J. Witek, Senior Tribal Architect/ Engineering Dept. Name, Title / Dept. Additional Requestor: Fawn Cottrell, Contract Processor/ Engineering Dept. Name, Title / Dept. Page 1 of 2 Page 92 of 245 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Purpose: Follow-up to item XII.A from December 9, 2015 OBC Meeting for a update to Work Plan. Background: On December 9, 2015 the Business Committee approved a motion to request the Cemetery Improvement Project #14-002 Work Plan be a standing item on the second regular Business Committee meeting agenda of each month starting in January of 2016 for updates. Action Requesting: 1. Acceptance of Work Plan status update for Cemetery Improvements project #14-002. 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 Page 93 of 245 WORK PLAN Cemetery Improvements Project #14‐002 No. 1/19/16 Description Notes Tasks Task Coordinator Estimated Completion Date 1 Continue data readings from existing monitoring wells. Monthly readings. a. Collect data. CW&S Dept. On‐going 2 Install additional monitoring wells. Install monitoring wells at existing raised plateaus and on property to east. a. Draft and release Request For Proposals (RFP). Engineering Dept. 12/16/15 b. Draft and award contract. Engineering Dept. 1/22/16 c. Install monitoring wells Vendor Feb. 2016 3 Hydrogeology Study (ground‐ water study). 4 Request funding for implementation. 5 Additional drain tile installation. 6 Raise grades between existing plateaus. The study will review previous reports, existing data from monitoring wells, data from new monitoring wells and provide verification/recommendations of plan of action to address groundwater concerns. Study duration is anticipated to be 6 months. Funding will be requested through the CIP Budget and amounts will be based upon estimates included in the Hydrogeology Study. Contingent upon results of Hydrogeology Study. If study results confirm this is an appropriate action, work will commence as funding allows. Contingent upon results of Hydrogeology Study. If study results confirm this is an appropriate action, work will commence as funding allows. Status On‐going Complete, issued 12/9/15; proposals received 12/16/15. Legal review complete 1/19/16. Waiting on completion of item 2.b. Transfer of funds from #07‐ 009 Building Demolitions was approved by Finance Committee 12/14/15. a. Identify budget source for study. Troy Parr 12/14/15 b. Draft and release Request For Proposals (RFP). Engineering Dept. 1/22/16 c. Draft and award contract. Engineering Dept. Feb. 2016 d. Conduct study. Vendor Summer 2016 a. Include budget request in annual fiscal year CIP Budget request. Engineering Dept. T.B.D. Waiting on Hydrogeology Study results. a. Define specific scope of work with Technical Team. Engineering Dept. T.B.D. Waiting on Hydrogeology Study results. b. Drain tile installation. CW&S Dept. T.B.D. Waiting on completion of item 5.a. a. Prepare Construction Documents to define scope of work and allow bidding of work. Vendor/ Engineering Dept. T.B.D. Waiting on Hydrogeology Study results. b. Request bids and award construction contract. Engineering Dept. T.B.D. c. Construction Vendor T.B.D. G:\ENG\Projects\14‐002 Cemetery\Misc\14‐002 Work Plan.docx 1 Issued 1/9/16; proposals due 1/22/16. Will start once proposals are received. Waiting on completion of item 3.c. Waiting on completion of item 6.a. Waiting on completion of item 6.b. Page 94 of 245 Submitted by: Eugene Schubert, Policy Analyst/ERB Adminstration Page 95 of 245 Page 96 of 245 Page 97 of 245 Page 98 of 245 Page 99 of 245 Page 100 of 245 01 / 27 / 16 ============= EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. Page 101 of 245 Page 102 of 245 Page 103 of 245 Oneida Business Committee Agenda Request EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer 01 / 27 / 16 Webster to defer the update regarding Tribal ID cards for Age 01 / 13 / 16 1. Meeting Date Requested: ============= Restricted Products to the January 27, 2016, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously. 2. General Information: Session: Executive - See instructions for the applicable laws, then choose one: x Open Agenda Header: Unfinished Business Accept as Information only Action - please describe: Approve the Joint Marketing Charter 3. Supporting Materials Report Resolution Contract Other: 1. Joint Marketing Charter 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Trish King, Tribal Treasurer Primary Requestor/Submitter: Submitted by: Nicolas Reynolds, Executive Assistant to Councilwoman Fawn Billie Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 104 of 245 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The Joint Marketing Charter has been approved by the Joint Marketing Committee and at the January 5th BC Administrative Work Meeting. It is submitted for BC approval. 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 Page 105 of 245 Page 106 of 245 Page 107 of 245 Page 108 of 245 Page 109 of 245 Oneida Business Committee Agenda Request 01 / 27 / 16 EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer 1. Meeting Date Requested: ============= 01 / 13 / 16 Webster to defer the remainder of the agenda to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: New Business Accept as Information only Action - please describe: Approve request to co-host a US Dept. of Health and Human Services consultation in April 2016. 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: Lisa Liggins, Executive Assistant II Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted XI. UNFINISHED BUSINESS D. Approve request to co-host April 2016 U.S. Dept. of Health and Humans Services consultation Sponsor: Lisa Summers, Tribal Secretary Item deleted at the adoption of the agenda. Page 111 of 245    /  /                                        Page 112 of 245                    Page 113 of 245 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 / 27 / 16 2. G [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%3Ac2430fbd68d06ca0. Public record. Not legal advice.