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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials July 13, 2016
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 315 pages are the Open Session meeting materials presented at a meeting
duly called, noticed and held on the 13th day of July, 2016.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Page 1 of 309
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, July 12, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, July 13, 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
III.
ADOPT THE AGENDA
IV.
OATHS OF OFFICE (No Requested Action)
V.
MINUTES
VI.
A. Approve June 22, 2016, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
page 8
B. Approve July 5, 2016, special meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
page 21
RESOLUTIONS
A. Adopt resolution titled Participation in a Nationwide Elder Needs Assessment
Sponsor:
Don White, Division Director/Governmental Services
page 24
B. Adopt resolution titled The Economic Development Administration Program Grant
Sponsor:
Joanie Buckley, Division Director/Internal Services
page 29
C. Adopt resolution titled Revenue Allocation Plan Fiscal Year 2016
Sponsor:
Jo Anne House, Chief Counsel
page 34
Oneida Business Committee Regular Meeting Agenda of July 13, 2016
Page 1 of 7
Page 2 of 309
D. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal
Year 2021 Adopted by General Tribal Council on June 13, 2016
Sponsor:
Lisa Summers, Tribal Secretary
VII.
APPOINTMENTS (No Requested Action)
VIII.
STANDING COMMITTEES
page 120
A. Legislative Operating Committee
Sponsor:
Councilman Brandon Stevens, Chair
1. Accept June 15, 2016, Legislative Operating Committee meeting minutes
page 124
B. Finance Committee
Sponsor:
Treasurer Trish King, Chair
1. Accept July 5, 2016, Finance Committee meeting minutes
page 128
C. Community Development & Planning Committee (No Requested Action)
D. Quality of Life Committee (No Requested Action)
IX.
GENERAL TRIBAL COUNCIL
A. Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board
Sponsor:
Lisa Summers, Tribal Secretary
1. Accept financial analysis
EXCERPT FROM MAY 25, 2016: (1) Motion by Lisa Summers to accept the legislative
analysis, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers
to accept the legal analysis, seconded by David Jordan. Motion carried unanimously. (3) Motion
by David Jordan to defer the financial analysis for thirty (30) days, seconded by Jennifer
Webster. Motion carried unanimously.
EXCERPT FROM MAY 11, 2016: Motion by Jennifer Webster to defer the legal analysis to the
next regular business Committee meeting, seconded by David Jordan. Motion carried
unanimously.
EXCERPT FROM APRIL 27, 2016: Motion by Melinda J. Danforth to accept the legislative
progress report regarding Petitioner Michael Debraska: Special GTC meeting to establish a
Health Care Board, seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM March 9, 2016: Motion by David Jordan to accept the verified petition from
Michael Debraska: Special GTC meeting to establish a Health Care Board; 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 Trish King. Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of July 13, 2016
Page 2 of 7
page 136
Page 3 of 309
B. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution
$3,000/$5,000
Sponsor:
Lisa Summers, Tribal Secretary
1. Accept legislative progress report noting the anlysis is due at the July 27, 2016,
regular Business Committee meeting
page 145
2. Accept legal progress report noting the analysis is due at the July 27, 2016, regular
Business Committee meeting
page 149
EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the financial analysis,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from
Michael Debraska regarding Per Capita Distribution; 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) day, seconded by Lisa Summers. Motion carried unanimously.
X.
STANDING ITEMS (No Requested Action)
XI.
UNFINISHED BUSINESS
A. Accept update regarding Oneida Sacred Burial Grounds per GTC Directive
(This item is scheduled to begin at 11:00 a.m.)
Sponsor:
Brandon Stevens, Councilman
EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster [… to request the Tribal Secretary
notify the Land Commission, Division of Land Management, Development Division, Trust &
Enrollment Committee, and any other parties that are necessary, to be present at the July 13, 2016,
regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.]1
EXCERPT FROM JUNE 8, 2016: Motion by Lisa Summers to accept the information in the
memorandum from the Trust Department dated May 31, 2016, as information, noting there have
been two (2) identified alternative sites for a cemetery should the need arise and to send this item
to the next available Officers’ meeting for continued follow-up with the overall cemetery work plan,
seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation regarding
the Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion carried
unanimously. (2) Amendment to the main motion by Tehassi Hill to request an update at the first
regular Business Committee meeting in June regarding potential locations of the cemetery,
seconded by Trish King. Motion carried unanimously.
XII.
TABLED BUSINESS (No Requested Action)
1
This excerpt comes from the June 22, 2016, regular Business Committee meeting minutes for item X.A.
Defer update regarding Work Plan for CIP # 14-002 Cemetery Improvements to the July 27, 2016, regular
Business Committee meeting.
Oneida Business Committee Regular Meeting Agenda of July 13, 2016
Page 3 of 7
page 151
Page 4 of 309
XIII.
NEW BUSINESS
A. Approve request to support recommendation of Nathanial S. King to be appointed to
the Bay Bancorporation Board of Directors
Liaison:
Tina Danforth, Tribal Chairwoman
page 153
B. Approve Indian Housing Plan for Fiscal Year 2017
Sponsor:
Dale Wheelock, Director/Oneida Housing Authority
page 172
C. Accept update and presentation as information – Youth Leadership Event – Washington
D.C. – June 12-16, 2016
Sponsor:
Tina Danforth, Tribal Chairwoman
page 221
D. Enter E-poll results into the record approving letter of support from Oneida Business
Committee for grant application submission by Oneida Nation’s gang task force program
seeking program funding aimed at decreasing risks of girls entering juvenile system
Sponsor:
Lisa Summers, Tribal Secretary
E. Enter E-poll results into the record for approved travel request – Councilman Tehassi
Hill – Food Distribution Program on Indian Reservations meeting – Norman, OK –
July 11-13, 2016
Sponsor:
Lisa Summers, Tribal Secretary
F. Approve request to direct Tribal Treasurer and Chief Counsel to submit declaratory ruling
request to Oneida Judiciary by July 15, 2016, regarding Chairwoman Tina Danforth’s
opinion that the June 13, 2016, General Tribal Council’s per capita motion and
amendments had irregularities and needed further discussion by General Tribal Council
Sponsor:
Trish King, Tribal Treasurer
XIV.
page 237
page 242
page 250
TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Chairwoman Tina Danforth – National Leadership Conference
– Hinckley, MN – June 20-23, 2016
page 252
B. TRAVEL REQUESTS
1. Approve travel request in accordance with Travel & Expense Policy – Nine (9)
Oneida Nation Veterans Affairs Committee (ONVAC) members – Indian Summer
Festival – September 8-11, 2016
Liaison:
Jennifer Webster, Councilwoman
page 254
2. Approve travel request – Secretary Lisa Summers – Midwest Alliance of Sovereign
Tribes (MAST) summer meeting – Pokagon Band of Potawatomi Indians/Buffalo, MI
– July 20-21, 2016
page 263
3. Approve travel request – Councilman Tehassi Hill – 2016 Partners in Action
Conference – Sault Ste. Marie, MI – July 19-21, 2016
page 266
Oneida Business Committee Regular Meeting Agenda of July 13, 2016
Page 4 of 7
Page 5 of 309
XV.
REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. OPERATIONAL REPORTS
1. Accept Development Division FY ’16 3rd quarter report
Sponsors: James Petitjean, Interim Assistant Division Director/Development; Jacque Boyle,
Interim Assistant Division Director/Operations; Scott Cottrell, Utilities Manager
page 270
2. Defer Environmental Health & Safety Division FY ’16 3rd quarter report to the July 27,
2016, regular Business Committee meeting
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
page 299
3. Defer Division of Land Management FY ’16 3rd quarter report to the July 27, 2016,
regular Business Committee meeting
Sponsor: Patrick Pelky, Division Director/Land Management
page 300
B. CORPORATE REPORTS (No Requested Action)
C. BOARDS, COMMITTEES, AND COMMISSIONS
1. Defer Anna John Residential Centered Care Community Board FY ’16 3rd quarter
report to the July 27, 2016, regular Business Committee meeting
Chair:
Candace House
Liaison:
Melinda J. Danforth, Tribal Vice-Chairwoman
2. Accept Oneida Nation Arts Board FY ’16 3rd quarter report
Chair-Elect: Dawn Walschinski
Liaison:
Jennifer Webster, Councilwoman
XVI.
page 301
page 303
EXECUTIVE SESSION
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel
page 310
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
C. AUDIT COMMITTEE
Sponsor:
Councilman Tehassi Hill, Chair
1. Accept May 12, 2016, Audit Committee meeting minutes
page 317
2. Approve Four Card Poker audit and lift confidentiality requirement allowing tribal
members to view the audit
page 320
3. Approve Three Card Poker Rules of Play audit and lift confidentiality requirement
allowing tribal members to view the audit
page 334
4. Approve Roulette Rules of Play audit and lift confidentiality requirement allowing
tribal members to view the audit
Oneida Business Committee Regular Meeting Agenda of July 13, 2016
Page 5 of 7
page 347
Page 6 of 309
D. UNFINISHED BUSINESS
1. Accept update regarding Print Shop – Mail Center Operational Plan
page 365
(1:30-2:00)
Sponsor: Joanie Buckley, Division Director/Internal Services
EXCERPT FROM APRIL 13, 2016: Motion by Fawn Billie to accept the Print Shop – Mail Center
Operational plan as information and to request an update for the July 13, 2016, regular
Business Committee meeting, seconded by Melinda J. Danforth. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: No formal action was taken on this item.
EXCERPT FROM DECEMBER 9, 2015: (1) Motion by David Jordan to accept the report,
seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to require
the next update be brought back to the March 23, 2016, regular Business Committee meeting,
seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM SEPTEMBER 23, 2015: Motion by Brandon Stevens to accept the update
as information, seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM SEPTEMBER 9, 2015: (1) Motion by Jennifer Webster to accept this item
as information, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to
the main motion by Melinda J. Danforth to request the Internal Services Director bring back the
assessment to the Business Committee in three (3) months, seconded by Lisa Summers.
Motion carried unanimously.
2. Accept transition plan from Internal Services/MIS Department regarding Surveillance
System Replacement Project
(This item is scheduled to begin at 2:00 p.m.)
Sponsor: Joanie Buckley, Division Director/Internal Services
page 370
EXCERPT FROM APRIL 27, 2016: Motion by David Jordan to accept the update from the
Gaming Commission, Retail, Finance, and Gaming regarding Surveillance System
Replacement Project and to request that the agreed upon action plan be placed in writing and
signed by all affected parties, seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM APRIL 13, 2016: (1) Motion by Lisa Summers to request that the team
working on this item meet and collaborate on how to proceed and bring back this item to the
April 27, 2016, regular Business Committee meeting for an update, seconded by Jennifer
Webster. Motion carried unanimously. (2) Motion by Lisa Summers to defer a policy
development on this issue to the Internal Services/MIS Department to bring back a
recommendation on a transition plan which moves the Nation towards a long-term systems
alignment and for this draft plan to be brought back to the July 13, 2016, regular Business
Committee meeting, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by David
Jordan to request all the teams that were to be brought together and put under one team for a
RFP to be vetted out and be transparent, seconded by Lisa Summers. Motion carried
unanimously.
E. TABLED BUSINESS (No Requested Action)
F. NEW BUSINESS
1. Review U.S. Dept. of Housing and Urban Development (HUD) On-Site Monitoring
review report and determine appropriate corrective actions
(This is item is scheduled to begin at 9:00 a.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
page 376
2. Approve draft letter of engagement retaining Fletcher Law, PLLC – contract # 20160718
Sponsors: Trish King, Tribal Treasurer; Brandon Stevens, Councilman
Oneida Business Committee Regular Meeting Agenda of July 13, 2016
Page 6 of 7
page 423
Page 7 of 309
3. Review Business Committee Officers’ recommendations regarding personnel action,
transition, and annual evaluation follow-up
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
page 432
4. Approve request to direct Area Manager of Human Resources Dept. to postpone
posting Land Claims Commission – Administrative Assistant position
Sponsors: Trish King, Tribal Treasurer; Lisa Summers, Tribal Secretary
Liaison:
Jennifer Webster, Councilwoman
page 450
5. Review and approve Business Committee Officer’s recommendations regarding
Interim Assistant Development Division Director – Operations’ thirty (30) day report
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
XVII.
page 452
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:00 p.m., Friday, July 8, 2016, pursuant to the
Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.
Oneida Business Committee Regular Meeting Agenda of July 13, 2016
Page 7 of 7
Page 8 of 309
/ /
Page 9 of 309
DRAFT
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, June 21, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, June 22, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie,
Tehassi Hill, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Councilman David Jordan,
Councilman Brandon Stevens;
Arrived at: ;
Others present: Jo Anne House, Tana Aguirre, Larry Barton, Barbara Webster, Michele Doxtator,
Jessica Wallenfang, Josh Doxtator, James Petitjean;
REGULAR MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie,
Tehassi Hill, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Councilman David Jordan,
Councilman Brandon Stevens;
Arrived at: ;
Others present: Jo Anne House, Brad Graham, Bill Graham, Donald Miller, Mike Debraska, Nancy
Barton, Joanie Buckley, Kathy Metoxen, Heather Heuer, James Skenandore Jr., Susan House, Tina
Skenandore, Gina Buenrostro, Rosa Laster, Adrian Matson, Sabrina King, Colleen Cornelius, Chris
Johnson, Daril Peters, Jessica Wallenfang, Don White, Lisa Liggins, Jennifer Falck, Shannon Columb, Ed
Delgado, Cathy Metoxen, Leyne Orosco, Mason Thomas, Tyler Fabricius, Wes Martin Jr., Danelle
Wilson, Jeff Mears, Larry Barton, Yvonne Jourdan, Janice Hirth Skenandore, Brian Doxtator, Marsha
Danforth, Jennifer Berg Hargrove;
I.
CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 9:00 a.m.
For the record:
II.
Chairwoman Tina Danforth is on approved travel to attend the National
Leadership Development Conference in Hinckley, MN. Councilman
David Jordan is on approved travel to attend the Indigenous Gathering
Space Dedication in Ontario, Canada. Councilman Brandon Stevens is
out of the office on vacation time. Secretary Lisa Summers out of the
office on personal time.
OPENING (00:00:35) by Councilman Tehassi Hill
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
Page 1 of 12
Page 10 of 309
DRAFT
III.
ADOPT THE AGENDA (00:04:20)
Motion by Jennifer Webster to adopt the agenda with the following change: [Move item VII.A. Approve
request to appoint Susan House, Tina Skenandore, Gina Buenrostro, Rosa Laster, Adrian Matson,
Sabrina King, and Colleen Cornelius as alternates to the Oneida Election Board, to the top of the agenda
before Oaths of Office], seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
OATHS OF OFFICE (00:06:28) administered by Treasurer Trish King
IV.
A. Audit Committee – James Skenandore Jr.
Sponsor:
Lisa Summers, Tribal Secretary
B. Seven (7) Oneida Election Board alternates – Susan House, Tina Skenandore, Gina
Buenrostro, Rosa Laster, Adrian Matson, Sabrina King, and Colleen Cornelius
Liaison:
Melinda J. Danforth, Tribal Vice-Chairwoman
V.
MINUTES (00:009:15)
A. Approve June 2 , 2016, special meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Trish King to approve the June 2, 2016, special meeting minutes, seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
B. Approve June 8, 2016, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Trish King to approve the June 8, 2016, regular meeting minutes, seconded by Fawn Billie.
Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Trish King
Abstained:
Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
VI.
RESOLUTIONS (00:10:15)
A. Adopt resolution titled Native American Business Development Institute Feasibility Study
Program
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Trish King to adopt resolution # 06-22-16-A Native American Business Development Institute
Feasibility Study Program, for the purpose of the Foreign Trade Zone project, seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
Page 2 of 12
Page 11 of 309
DRAFT
B. Adopt resolution titled The KeepsEagle Settlement Fund Grant Application
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Jennifer Webster to adopt resolution # 06-22-16-B The KeepsEagle Settlement Fund Grant
Application, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
C. Adopt resolution titled Climate Change Grant from Bureau of Indian Affairs – Midwest
Region
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Jennifer Webster to adopt resolution # 06-22-16-C Climate Change Grant from Bureaus of
Indian Affairs – Midwest Region, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
VII.
APPOINTMENTS (00:05:55)
A. Approve request to appoint Susan House, Tina Skenandore, Gina Buenrostro, Rosa
Laster, Adrian Matson, Sabrina King, and Colleen Cornelius as alternates to the Oneida
Election Board
Liaison:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Trish King to appoint Susan House, Tina Skenandore, Gina Buenrostro, Rosa Laster, Adrian
Matson, Sabrina King, and Colleen Cornelius as alternates to the Oneida Election Board, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
VIII.
STANDING COMMITTEES (00:51:37)
A. Legislative Operating Committee1
Sponsor:
Councilman Brandon Stevens, Chair
1. Accept June 1, 2016, Legislative Operating Committee meeting minutes
Motion by Trish King to accept the June 1, 2016, Legislative Operating Committee meeting minutes,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
1
The Legislative Operating Committee FY ’16 2nd quarter report was accepted early at the May 25, 2016,
regular Business Committee meeting.
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
Page 3 of 12
Page 12 of 309
DRAFT
B. Finance Committee
Sponsor:
Treasurer Trish King, Chair
1. Accept Finance Committee FY ’16 2nd quarter report
Motion by Trish King to approve the Finance Committee FY ’16 2nd quarter report, seconded by Tehassi
Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
C. Community Development & Planning Committee
Sponsor:
Vice-Chairwoman Melinda J. Danforth, Chair
1. Accept Community Development & Planning Committee FY ’16 2nd quarter report
Motion by Tehassi Hill to accept the Community Development & Planning Committee FY ’16 2nd quarter
report, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
D. Quality of Life Committee
Sponsor:
Councilwoman Fawn Billie, Chair
1. Accept May 12, 2016, Quality of Life Committee meeting minutes
Motion by Jennifer Webster to accept the May 12, 2016, Quality of Life Committee meeting minutes,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
2. Accept Quality of Life Committee FY ’16 2nd quarter report
Motion by Jennifer Webster to accept the Quality of Life Committee FY ’16 2nd quarter report, seconded
by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
IX.
GENERAL TRIBAL COUNCIL (1:16:04)
A. Approve request from Petitioner Frank Cornelius to be first on the August 10, 2016, special
General Tribal Council meeting agenda
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Fawn Billie to approve the request from Petitioner Frank Cornelius to be first on the August 10,
2016, special General Tribal Council meeting agenda, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
Page 4 of 12
Page 13 of 309
DRAFT
B. Approve meeting materials for the August 10, 2016, special General Tribal Council meeting
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Trish King to defer the meeting materials for the August 10, 2016, special General Tribal
Council meeting to a special Business Committee meeting, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
C. Accept petition submitted by Leland Ninham regarding free child care for employees as
information only, as it does not meet number of required signatures; and direct Tribal
Secretary to notify Petitioner of the action taken
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to accept the petition submitted by Leland Ninham regarding free child care
for employees as information only, as it does not meet number of required signatures in accordance with
the Constitution and By-laws of the Oneida Nation, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Motion by Tehassi Hill to direct the Tribal Secretary to send the Petitioner formal notice indicating the
petition did not meeting the constitutional requirement to call for a special General Tribal Council meeting,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
X.
STANDING ITEMS (1:20:15)
A. Defer update regarding Work Plan for CIP # 14-002 Cemetery Improvements to the July 27, 2016,
regular Business Committee meeting
Sponsor:
James Petitjean, Interim Assistant Division Director/Development
Motion by Jennifer Webster to defer the update regarding Work Plan for CIP # 14-002 Cemetery
Improvements to the July 27, 2016, regular Business Committee meeting; and to request the Tribal
Secretary notify the Land Commission, Division of Land Management, Development Division, Trust &
Enrollment Committee, and any other parties that are necessary, to be present at the July 13, 2016,
regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
XI.
UNFINISHED BUSINESS (No Requested Action)
XII.
TABLED BUSINESS (No Requested Action)
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
Page 5 of 12
Page 14 of 309
DRAFT
XIII.
NEW BUSINESS (1:39:54)
A. Approve Tribal/State Title IV-E Financial Agreement with Wisconsin Department of
Children and Families
Sponsor:
Don White, Division Director/Governmental Services
Motion by Jennifer Webster to approve the Tribal/State Title IV-E Financial Agreement with Wisconsin
Department of Children and Families, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
XIV.
TRAVEL (1:50:47)
A. TRAVEL REPORTS
1. Accept travel report – Councilwoman Fawn Billie – 34th Annual Protecting Our
Children-National American Indian Conference on Child Abuse and Neglect – St. Paul,
MN – April 3-6, 2016
Motion by Jennifer Webster to accept the travel report – Councilwoman Fawn Billie – 34th Annual
Protecting Our Children-National American Indian Conference on Child Abuse and Neglect – St. Paul,
MN – April 3-6, 2016, seconded by Tehassi Hill. Motion carried with one abstention:
Ayes:
Tehassi Hill, Trish King, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
2. Accept travel report – Secretary Lisa Summers and Councilwoman Fawn Billie –
Midwest Alliance of Sovereign Tribes (MAST) Impact Week 2016 – Washington DC –
April 26-29, 2016
Motion by Jennifer Webster to accept the travel report – Secretary Lisa Summers and Councilwoman
Fawn Billie – Midwest Alliance of Sovereign Tribes (MAST) Impact Week 2016 – Washington DC – April
26-29, 2016, seconded by Trish King. Motion carried with one abstention:
Ayes:
Tehassi Hill, Trish King, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
3. Accept travel report – Secretary Lisa Summers – Crimes Against Children in Indian
Country Conference – Wisconsin Dells, WI – March 21-25, 2016; and direct Legislative
Operating Committee to complete a review of our current laws to ensure there is the
ability for the Judiciary to do emergency orders
Motion by Jennifer Webster to accept the travel report – Secretary Lisa Summers – Crimes Against
Children in Indian Country Conference – Wisconsin Dells, WI – March 21-25, 2016; and to direct
Legislative Operating Committee to complete a review of our current laws to ensure there is the ability for
the Judiciary to do emergency orders, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
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4. Accept travel report – Secretary Lisa Summers – Tribal Consultations meeting –
Wisconsin Dells, WI – May 9-10, 2016
Motion by Trish King to accept the travel report – Secretary Lisa Summers – Tribal Consultations meeting
– Wisconsin Dells, WI – May 9-10, 2016, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
B. TRAVEL REQUESTS
1. Approve travel request in accordance with the Travel & Expense Policy – Up to six (6)
Election Board members; one (1) Enrollment Department employee; and one (1)
Oneida Police Department officer – 2016 Special Election – Milwaukee, WI – July 9,
2016
Liaison:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to approve the travel request in accordance with the Travel & Expense Policy
– Up to six (6) Election Board members; one (1) Enrollment Department employee; and one (1) Oneida
Police Department officer – 2016 Special Election – Milwaukee, WI – July 9, 2016, seconded by Trish
King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
2. Approve travel request – Secretary Lisa Summers – Community Analysis Process for
Planning Strategies – Prior Lake, MN – August 1-4, 2016
Motion by Fawn Billie to approve the travel request – Secretary Lisa Summers – Community Analysis
Process for Planning Strategies – Prior Lake, MN – August 1-4, 2016, seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Motion by Jennifer Webster to recess at 11:49 p.m. and to reconvene at 1:30 p.m., seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m.
Chairwoman Tina Danforth, Secretary Lisa Summers, Councilman David Jordan, and Councilman
Brandon Stevens not present.
XV.
REPORTS (2:07:34) (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. OPERATIONAL REPORTS
1. Accept Oneida Retail Enterprise FY ’16 2nd quarter report
Sponsor: Michele Doxtator, Area Manager/Retail Profits
Motion by Jennifer Webster to accept the Oneida Retail Enterprise FY ’16 2nd quarter report, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
B. CORPORATE REPORTS (No Requested Action)
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
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C. BOARDS, COMMITTEES, AND COMMISSIONS
1. Accept Oneida Personnel Commission FY ’16 2nd quarter report
Chair:
Yvonne Jourdan
Liaison:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to defer the Oneida Personnel Commission FY ’16 2nd quarter report back to
the Personnel Commission and their Business Committee Liaisons to review and revise the section under
personal comments, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
2. Accept Land Commission FY ’16 2nd quarter report
Chair:
Rae Skenandore
Liaison:
Tehassi Hill, Councilman
Motion by Tehassi Hill to accept the Land Commission FY ’16 2nd quarter report, seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
XVI.
EXECUTIVE SESSION (1:57:20)
A. REPORTS
1. Accept Oneida Retail Enterprise FY ’16 2nd quarter report
Sponsor:
Michele Doxtator, Area Manager/Retail Profits
Motion by Fawn Billie to accept the Oneida Retail Enterprise FY ’16 2nd quarter report, seconded by Trish
King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
2. Accept Chief Financial Officer’s report – Larry Barton, Chief Financial Officer
Motion by Trish King to accept the Chief Financial Officer’s report, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
3. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
Motion by Jennifer Webster to accept the Intergovernmental Affairs & Communications report, seconded
by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
a. Approve Special Counsel agreement – Arlinda Locklear – contract # 2016-0643
Motion by Jennifer Webster to approve the Special Counsel agreement – Arlinda Locklear – contract #
2016-0643, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
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Motion by Tehassi Hill to approve the branding memorandum to be distributed organization-wide,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
4. Accept Chief Counsel report – Jo Anne House, Chief Counsel
Motion by Trish King to accept the Chief Counsel report, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
Sponsor:
Trish King, Tribal Treasurer
a. Accept bi-monthly update
Motion by Tehassi Hill to accept the bi-monthly Oneida Golf Enterprise – Ladies Professional Golf
Association update, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
b. Approve Oneida Golf Enterprise Agent Agreement – contract # 2016-0651
Motion by Trish King to approve the Oneida Golf Enterprise Agent Agreement – contract # 2016-0651,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Motion by Fawn Billie to direct the Liaison to work with Oneida Human Resources Department and
Thornberry Creek Human Resources as needed to execute the agreement, seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
C. AUDIT COMMITTEE
Sponsor:
Tehassi Hill, Councilman
1. Accept Audit Committee FY’ 16 2nd quarter report
Motion by Tehassi Hill to accept the Audit Committee FY’ 16 2nd quarter report, seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
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D. UNFINISHED BUSINESS
1. Approve continuation of additional duties compensation for Division Director of Land
Management until September 30, 2016
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM MARCH 30, 2016: Motion by Lisa Summers to approve the continuation of
additional duties compensation for Division Director of Land Management until June 31,
2016, seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to extend the
recommended additional duties compensation up to three (3) months, seconded by David
Jordan. Motion carried unanimously.
Motion by Jennifer Webster to approve the continuation of additional duties compensation for Division
Director of Land Management until September 30, 2016, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Motion by Jennifer Webster to defer the discussion of this position to the Business Committee work
meeting for July 19, 2016, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
2. Accept update regarding audit # 336
Sponsor: Tehassi Hill, Councilman
EXCERPT FROM MAY 25, 2016: (1) Motion by David Jordan to accept the update and
presentation regarding audit # 336, seconded by Jennifer Webster. Motion carried
unanimously. (2) Motion by Jennifer Webster to request the summary of the actionable
employment items be forwarded to the supervisor for the appropriate follow-up to be
completed in the next (2) two weeks, noting this follow-up be reported back to the Business
Committee in that time frame, seconded by David Jordan. Motion carried unanimously.
Motion by Trish King to accept the update regarding audit # 336, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Motion by Tehassi Hill to go into executive session at 11:03 a.m., seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Motion by Tehassi Hill to come out of executive session at 11:45 a.m., seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
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3. Adopt resolution titled Regarding Pardon of Thomas Lee
Sponsor: Lisa Summers, Tribal Secretary
EXCERPT FROM JUNE 8, 2016: Motion by Brandon Stevens to defer this resolution back to
the Pardon Screening Committee for an explanation on how the cited civil suit is related to
the action for which the pardon is being sought, and this clarification be provided in time for
the June 22, 2016, regular Business Committee meeting, seconded by Lisa Summers.
Motion carried unanimously.
Motion by Jennifer Webster to adopt resolution # 06-22-16-D Regarding Pardon of Thomas Lee,
seconded by Trish King. Motion carried with two abstentions:
Ayes:
Trish King, Jennifer Webster
Abstained:
Fawn Billie, Tehassi Hill
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Motion by Fawn Billie to direct the Division Director of Governmental Services to bring to the Quality of
Life Committee alternatives for working with community members who are in this type of position seeking
employment, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
4. Defer update regarding complaint # 2016-DR06-01
Sponsor: Tehassi Hill, Councilman
EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the update regarding
complaint # 2016-DR06-01; and to defer item to the June 22, 2016, regular Business
Committee meeting, seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by Tehassi Hill to accept Complaint # 2016DR06-01, to acknowledge merit, and to assign Councilman Brandon Stevens, Councilman
Tehassi Hill, and Councilwoman Jennifer Webster, seconded by Fawn Billie. Motion carried
with one abstention.
Motion by Jennifer Webster to defer the update regarding complaint # 2016-DR06-01 to the August 10,
2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
B. TABLED BUSINESS (No Requested Action)
C. NEW BUSINESS
1. Approve fifty-two (52) new enrollments and two (2) relinquishments
Sponsor: Brandon Stevens, Councilman
Motion by Jennifer Webster to approve the fifty-two (52) new enrollments and two (2) relinquishments,
seconded by Tehassi Hill. Motion carried with two abstentions:
Ayes:
Tehassi Hill, Jennifer Webster
Abstained:
Fawn Billie, Trish King
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016
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2. Accept concern # 2016-CC-09 and discussion
Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; David Jordan, Councilman
Motion by Jennifer Webster to defer concern # 2016-CC-09 to Vice-Chairwoman Melinda J. Danforth and
Councilwoman Fawn Billie, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
3. Accept update regarding Comprehensive Health Division 2nd quarter report
Sponsors: Debra Danforth, Division Director/Operations; Dr. Ravinder Vir, Division
Director/Medical
Motion by Trish King to request the Division Directors of Comprehensive Health to work with the Law
Office to redact and simplify their update regarding their Comprehensive Health Division 2nd quarter
report, due to Health Insurance Portability and Accountability Act (HIPAA) rules and regulations,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
XVII.
ADJOURN
Motion by Trish King to adjourn at 2:00 p.m., seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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/ /
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Oneida Business Committee
Special Meeting
8:30 a.m. Tuesday, July 5, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
SPECIAL MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Fawn Billie,
Tehassi Hill, David Jordan, Jennifer Webster;
Not Present: Chairwoman Tina Danforth;
Arrived at: Treasurer Trish King and Councilman Brandon Stevens at 8:34 a.m.;
Others present: Jo Anne House, Larry Barton, Dawn Moon-Kopetsky, Heather Heuer;
I.
CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:32 a.m.
For the record:
Chairwoman Tina Danforth is out of the office on travel.
II.
OPENING
III.
ADOPT THE AGENDA
Motion by Jennifer Webster to adopt the agenda as presented, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
IV.
UNFINISHED BUSINESS
Treasurer Trish King and Councilman Brandon Stevens arrive at 8:34 a.m.
A. Approve meeting materials for the August 10, 2016, special General Tribal Council
meeting
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM JUNE 22, 2016: Motion by Trish King to defer the meeting materials for the
August 10, 2016, special General Tribal Council meeting to a special Business Committee
meeting, seconded by Fawn Billie. Motion carried unanimously.
Motion by Lisa Summers to approve the meeting materials for the August 10, 2016, special General
Tribal Council meeting, including the Business Committee recommendations provided by Chief Counsel,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
Oneida Business Committee Special Meeting Minutes DRAFT of July 5, 2016
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V.
ADJOURN
Motion by Lisa Summers to adjourn at 8:37 a.m., seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Special Meeting Minutes DRAFT of July 5, 2016
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Page 24 of 309
Page 25 of 309
Page 26 of 309
BC Resolution # __-__-__-_
Participation in a Nationwide Elder Needs Assessment
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,
maintain and improve the standard of living and the environment in which the Oneida
people live; and
WHEREAS,
long-term care, a category that includes health promotion, home health services, personal
care, housekeeping assistance, home delivered meals, skilled nursing care, assisted living,
and other in-home services, is an emerging unmet need in Indian Country; and
WHEREAS,
three National Resource Centers (North Dakota, Alaska and Hawaii) have been awarded
grants through the Administration on Aging, Department of Health & Human Services, to
collaborate and provide technical assistance on the health and social needs of American
Indian, Alaska Native, and Native Hawaiian elderly and assist these groups in conducting
a needs assessment which is a requirement for their AoA grant; and
WHEREAS,
the needs assessment is designed to yield information on the following Native elder health
care needs:
General Health Status
Activities of Daily Living
Visual, Hearing, and Dental
Tobacco and Alcohol Use
Nutrition, Exercise, and Excess Weight
Social Support, Housing, and Work; and
WHEREAS,
in addition to providing technical assistance, the three National Resource Centers on
Native Aging are required, by the Older Americans Act, to perform research and
disseminate the results of the research; and
WHEREAS,
the three National Resource Centers on Native Aging are asking Tribes throughout the
nation to volunteer to participate in a partnership arrangement, to identify the needs of
American Indian, Alaska Native, and Native Hawaiian elders nationwide, in which the
resource centers and the Tribe/consortium will each assume responsibilities:
What the Resource Center will provide:
Page 27 of 309
BC Resolution # __-__-__-_
Participation in a Nationwide Elder Needs Assessment
Page 2 of 2
Needs assessment instruments
Assistance in sampling
Training of interviewers
Consultation with interviewers via email or telephone
Data entry and analysis
Data storage
Production of tables and comparisons with national statistics
What each Tribe/consortium will provide:
A Tribal Resolution documenting participation in the Native elder social and health
needs assessment as applicable
A list of elders to interview
Interviewers or volunteers to conduct the survey
Interpretation of the results with local input
Development of recommendations for actions
Dissemination of the results to tribal leaders and health officials; and
WHEREAS,
Summary information from your needs assessment, along with a national comparison
report from all the needs assessments, will be returned to the governing council and to the
local contact person; and
WHEREAS,
The confidentiality of enrolled members and Tribal/consortium information is of the utmost
importance; therefore, the information in this needs assessment will be collected
anonymously by tribal members with the information stored at the University or North
Dakota School of Medicine & Health Sciences within a locked file cabinet and destroyed
after a period of ten years; and
NOW THERFORE BE IT RESOLVED, that the Oneida Nation hereby authorizes participation in the most
current Identifying Our Needs: A Survey of Elders. The Oneida Nation grants permission to the North
Dakota, Alaska, and Hawaii National Resource Centers on Native Aging to use all collected needs
assessment information in aggregate format for the purpose of disseminating state, regional, and national
results from analyses of the data.
BE IT FINALLY RESOLVED, that specific information collected within the boundaries of the Oneida Nation
belongs to the Oneida Nation and may not be released in any form to individuals, agencies, or organizations
without tribal authorization.
Page 28 of 309
Page 29 of 309
Page 30 of 309
Page 31 of 309
BC Resolution # __-__-__-_
The Economic Development Administration Program Grant
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation recognizes the importance of entrepreneurs in rural communities as a
method for new job creation; and
WHEREAS,
the Oneida Nation is committed to the economic development of its people and its
community and has a long history of job creation and educational partnerships; and
WHEREAS,
the Oneida Nation is a qualified applicant for the Economic Development Administration
grant program; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation will support an application for the Economic
Development Administration grant for a feasibility study for the Oneida Food Center.
Page 32 of 309
Page 33 of 309
Page 34 of 309
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
07 / 13 / 2016
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Motion to approve the Fiscal Year 2016 Revenue Allocation Plan
3. Supporting Materials
Report
Resolution
Contract
Other:
1. OBC draft resolution
3. Statement of Effect
2. Tribal Revenue Allocation Plan
4. Draft Letter to BIA
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Jo Anne House, Chief Counsel
Primary Requestor/Submitter:
Submitted by Jeri Bauman, Senior Paralegal, Oneida Law Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Page 35 of 309
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The FY-2016 Revenue Allocation Plan complies with the Indian Gaming Regulatory Act of 1988 [25U.S.C.
subsection 2701, specifically, sub-section 271 O(b)(3)A-D ("IGRA") and all other applicable federal law.
The Oneida Business Committee, acting in its capacity as the delegated governmental body of the Oneida
Nation, is being requested to adopt this Tribal Revenue Allocation Plan for the purposes of distributing per capita
payments for FY-2016. A resolution is included in this request for your approval.
This approval process occurs each year Oneida distributes per capita plans.
The Oneida Trust/Enrollment Committee approved the FY-2016 Revenue Allocation Plan at their duly called
meeting on June 21, 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 36 of 309
BC Resolution # __-__-__-_
Revenue Allocation Plan FY 2016
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee adopted BC Resolution #07-10-13-B which approved a
per capita payment of $1,000.00 to every enrolled member of the Oneida Nation f/k/a
Oneida Tribe of Indians of Wisconsin, in accordance with the Oneida Per Capita
Ordinance, for Fiscal Years 2014, 2015, and 2016; and
WHEREAS,
the General Tribal Council adopted Resolution #08-11-97-A which approved a per capita
payment of $2,000.00 to each enrolled elder over the age of 62, in accordance with the
Oneida Per Capita Ordinance, to begin in Fiscal Year 1998; and
WHEREAS,
the General Tribal Council adopted Resolution #06-30-90-A which approved a per capita
payment of $500.00 to each enrolled elder over the age of 65 in accordance with the
Oneida Per Capita Ordinance, to begin in November 1994; and
WHEREAS,
the Oneida Trust Committee is delegated responsibility to manage trust accounts in
accordance with the Oneida Per Capita Ordinance; and
WHEREAS,
the Oneida Trust/Enrollment Committee approved the attached Revenue Allocation Plan
for Fiscal Year 2016 by motion on June 21, 2016; and
WHEREAS,
the Indian Gaming Regulatory Act states that net revenues from any Class II and III gaming
activities conducted or licensed by any tribe may be used to make per capita payments to
members of the tribe only if (1) the tribe has prepared a Plan to allocate revenues for
authorized uses and (2) the Plan is approved by the United States Assistant Secretary of
the Interior as adequate; and
Page 37 of 309
BC Resolution # __-__-__-_
Revenue Allocation Plan FY 2016
Page 2 of 2
WHEREAS,
the Revenue Allocation Plan for Fiscal Year 2016 ensures that not more than fifty percent
(50%) of the net gaming revenues shall be used for per capita payments to members; and
WHEREAS,
the attached Revenue Allocation Plan for Fiscal Year 2016 is in compliance with the Indian
Gaming Regulatory Act, 25 U.S.C. 2701, et seq. as the Plan demonstrates that the Oneida
Nation is dedicating a significant source of net gaming revenue for economic and
governmental purposes; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby approves and adopts
the attached Revenue Allocation Plan for Fiscal Year 2016.
BE IT FINALLY RESOLVED, that upon adoption by the Oneida Business Committee, the attached
Revenue Allocation Plan for Fiscal Year 2016 and this resolution shall be presented to the United States
Assistant Secretary of the Interior for review and approval according to the Indian Gaming Regulatory Act.
Page 38 of 309
Oneida Nation
Legislative Reference Office
P.O. Box 365
Oneida, WI 54155
(920) 869-4375
(800) 236-2214
https://oneida-nsn.gov/Laws
Jennifer Falck, Director
Douglass A. McIntyre, Staff Attorney
Taniquelle J. Thurner, Legislative Analyst
Maureen Perkins, Legislative Analyst
Statement of Effect
Revenue Allocation Plan FY 2016
Summary
This resolution approves and adopts the Revenue Allocation Plan for Fiscal Year 2016 and
directs that it be presented to the United States Assistant Secretary of the Interior for review and
approval in accordance with the Indian Gaming Regulatory Act.
Submitted by: Douglass McIntyre, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
This resolution adopts a document which sets forth the allocation of tribal revenues for the
payment of general membership and elder per capita. These per capita payments were adopted
by the General Tribal Council through GTC Resolutions #06-30-90-A, #08-11-97-A, and #7-1013-B.
In accordance with the Indian Gaming Regulatory Act, gaming revenues must be used for
specific purposes and gaming revenues used to make per capita payments must meet certain
criteria. This Statement of Effect does not review the Revenue Allocation Plan for Fiscal Year
2016. That document has received review by an attorney during the drafting stages and for the
final document.
The resolution identifies that a specified sum of money will be utilized for a per capita payment
at the direction of the General Tribal Council. This budgeted impact has been assessed by the
General Tribal Council through the budgeting process of the Oneida Nation. Thus, the Oneida
Business Committee has been authorized to take the above action affecting the budget.
The action within this resolution is within the authority of the Oneida Business Committee. The
document being forwarded has received attorney review which is not included as a part of this
Statement of Effect.
Conclusion
There are no legal issues which would prohibit adoption of this resolution.
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ONEIDA NATION
Revenue Allocation Plan
Fiscal Year 2016
Section I.
Resolution and Repeal of Inconsistent Legislation
This Revenue Allocation Plan ("Plan") was adopted pursuant to Oneida Business
Committee Resolution No. 07-____-2016-__. With the exception of the Constitution
of the Oneida Nation f/k/a Oneida Tribe of Indians of Wisconsin (ANation@) and the
Gaming Compact of 1991 and its applicable amendments entered into by the Nation
and State of Wisconsin, this Plan shall govern the allocation of available net revenues
from the Nation’s gaming enterprises including per capita distributions to qualified
members of the Nation.
Section II.
Policy and Legislative History
This Plan is in compliance with the Indian Gaming Regulatory Act of 1988 [25 U.S.C.
'2701, specifically, '2710(b)(3)A-D ("IGRA") and all other applicable federal law.
The Nation shall use revenues generated by its gaming establishments primarily to
strengthen the Nation’s government, its self-sufficiency and to support its economic
development. The Nation shall ensure that its governmental operations and programs
and its economic development shall receive the necessary financial support from net
gaming revenues prior to distributing such revenues for other purposes.
The Nation is committed to providing for its long range security and its members.
Accordingly, the Nation shall ensure that net gaming revenues are allocated toward
investments, programs and projects that impact not only present needs, but also
anticipate future needs. In addition, the Nation shall ensure that investments,
programs and projects funded by net gaming revenues are aimed toward improving
national conditions and the life opportunities of its members for the next seven
generations.
The Nation retains the inherent sovereign right to determine the best interests of its
minor members by providing for their future welfare by placing monies into trust for
the benefit of those minor members. The Nation shall provide for the future of minors
while encouraging parents to provide for the immediate living needs of their children
as is their responsibility.
The Nation is committed to the education of its children. Specifically, the Nation
seeks to increase the high school graduation rates of its members, and encourage its
members to pursue degrees in colleges, universities or vocational schools. Currently,
the Nation offers financial assistance to every eligible member for educational
purposes.
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Pursuant to Oneida Business Committee Resolution #07-10-13-B, a per capita
payment in the amount of $1,000.00 will be distributed to every enrolled member of
the Oneida Nation for Fiscal Years 2014, 2015, and 2016. The per capita distribution
will be referred to as the APer Capita Payment.@
Pursuant to General Tribal Council Resolution #08-11-97A, a per capita payment in
the amount of $2,000.00 will be distributed to every enrolled elder aged 62 and over
to begin in Fiscal Year 1998. Pursuant to General Tribal Council Resolution #6-3090-A, “To begin in November 1994 to make a per capita payment of $500 once each
year, with 5% inflation built into the schedule, to all living persons over the age of 65
by 10/31 of that year.” The 5% inflationary increase began in fiscal year 2003 and
was added every odd year thereafter, in addition to the $2,000 authorized by
Resolution #08-11-97A. The Oneida Trust Committee took action pursuant to Oneida
Trust Committee Resolution 6-25-13 to modify the 5% inflationary increase so that it
will now be applied every three years beginning in 2014. The 5% inflationary
increase will be applied every third year thereafter until such time as the Oneida Trust
Committee designates a new schedule of payment. Both elderly per capita
distributions will be referred to as the AElderly Per Capita Payment.@ The aged 65 and
over elderly per capita distribution pursuant to Resolution #6-30-90-A for fiscal year
2016 will be $670.04.
The Per Capita Payment and Elderly Per Capita Payment are being made to offer
financial assistance to all members of the Nation regardless of their employment with
the Nation.
The Oneida Business Committee, acting in its capacity as the delegated governmental
body of the Nation, is adopting this allocation plan in order to implement the abovereferenced General Tribal Council Resolutions. Copies of these resolutions and
motion are attached.
Section III.
Use of Net Gaming Revenues; Nation’s Governmental Operations and
Programs
A.
The Nation hereby allocates 39.25% of net gaming revenues in order to provide for
supplemental funding for governmental operations and programs. If it deems it
necessary, the Oneida Business Committee acting at the direction of the General
Tribal Council shall have the authority to revise and increase the percentage of net
gaming revenues allocated to funding for its governmental operations and programs.
B.
Governmental operations and programs to be supplementarily funded by net gaming
revenues under this Section shall include, but shall not be limited to, the following:
the Nation’s administration, capital improvements to its offices, public works
program, planning program, enrollment program, community health representative,
health services, Indian Health Services clinic, its Indian Child Welfare Act program,
clean-up program, education program, school food service programs, parenting
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program, summer youth workers' program, library, recreation program, elderly
program, veterans' symposium, arts and crafts program, and its cultural programs.
C.
The Oneida Business Committee forwarded the Fiscal Year 2016 budget to the
General Tribal Council with delegation of budget revision authority to the Oneida
Business Committee. Prior to the commencement of this fiscal year, the Oneida
Business Committee received budget reports and requests from each governmental
operation and program listed in Section III.B. The budget reports detailed: Past fiscal
year revenues, projected revenues, revenue sources, including the amount of net
revenues derived from gaming enterprises, past fiscal year expenditures and projected
expenditures, together with a detailed accounting for expenditures. The budget
reports also included budget requests including requests for supplemental funding
from net gaming revenues allocated to funding for the Nation’s governmental
operations and programs.
D.
The Oneida Business Committee, after receiving all budget reports and requests under
this Section, allocated those funds designated for its governmental operations and
programs. This allocation occurred with the adoption of the Nation's fiscal year
budget. The Oneida Business Committee shall be the sole decision making body to
any actions taken upon budget reports and requests and as to the allocation of funds
designated for its governmental operations and programs as delegated by the General
Tribal Council.
E.
The Oneida Business Committee disbursed those monies allocated to its governmental
operations and programs in accordance with the Nation's fiscal year budget referenced
in paragraph D above. Any disbursements made hereunder by the receiving
governmental operation or program shall be handled in a manner consistent with the
operation's or program's generally accepted accounting methods.
F.
Prior to the adoption of the Oneida Nation's fiscal year budget, the Oneida Business
Committee reviewed the budget reports and requests required in Paragraph C above
for the prior fiscal year, and any other reports prepared in accordance with generally
accepted accounting methods, to determine the actual amount of monies expended on
its governmental operations and programs in the prior fiscal year together with the
percentage of total net gaming revenues allocated to its governmental operations and
programs in the prior fiscal year. Such review was reported to the General Tribal
Council through Treasurer=s Reports.
Section IV.
A.
Use of Net Gaming Revenues; General Welfare of the Oneida Nation and
its Members
The Nation hereby allocates 33.65% of net gaming revenues in order to provide
supplemental funding for the general welfare of the Nation and its members. If it
deems it necessary, the Oneida Business Committee acting at the direction of the
General Tribal Council shall have the authority to revise and increase the percentage
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of net gaming revenues allocated to funding for the general welfare of the Nation and
its members.
B.
The Oneida Business Committee shall meet with their delegate or designee for its
social services to consider the social service and general welfare needs of its members
and to receive needs assessments and budget reports and requests of any of the
Nation’s social service program not included in Section III. These general welfare
programs shall include, but shall not be limited to, utility assistance program, funeral
assistance program, the Nation’s housing assistance program, higher education
program, elderly services, social services programs, health services and the food
distribution program. The needs assessments and budget reports and requests shall be
prepared in accordance with the requirements set forth in Section III. C., D., E. and F.
above, except that the General Tribal Council or the Oneida Business Committee may
waive the requirements set forth in Section III. F. above.
Section V.
A.
B.
Use of Net Gaming Revenues; Oneida Nation’s Economic Development
The Nation hereby allocates 4.81% of net gaming revenues in order to provide
funding for its economic development.
1.
If it deems it necessary, the Oneida Business Committee acting at the direction
of the General Tribal Council shall have the authority to revise and increase
the percentage of net gaming revenues allocated to funding for its economic
development.
2.
The General Tribal Council or the Oneida Business Committee acting at the
direction of the General Tribal Council, may, in its discretion, allocate net
gaming revenues allocated to funding for its governmental operations and
programs, funding for the general welfare of the Nation and its members,
donations to charitable organizations, and funding of local government
operations that have not been expended as of the last date of this fiscal year to
the purposes set forth in this Section.
"Nation’s economic development" shall include investment of net gaming revenues.
Investments of net gaming revenues allocated to its economic development shall be
made pursuant to an annual budget allocation for business development and pursuant
to an investment policy to be adopted by resolution of the General Tribal Council or
the Oneida Business Committee. At a minimum, this investment policy shall provide:
1.
That the net gaming revenues allocated to investment pursuant to Section V of
the Revenue Allocation Plan shall be weighted toward investments that
provide for the long term security of the Oneida Nation and its members.
2.
A description of the types of investments made;
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3.
A percentage allocation of equities and bonds;
4.
Investment objectives to be reviewed on a quarterly basis by the Oneida
Business Committee; and
5.
A list of investments that shall be excluded due to their lack of safety and
liquidity.
C.
Investments of net gaming revenues allocated to its economic development shall be
made with nationally recognized, reputable, and safe investment companies in
accordance with the Nation’s goal toward the long term economic security of itself
and its members. The Oneida Business Committee, in its discretion, may allocate the
interest earned on investments made pursuant to this Section in accordance with the
provisions of IGRA or any other applicable federal and the Nation’s law(s).
D.
The Oneida Business Committee acting at the direction of the General Tribal Council
shall have the authority to appropriate and expend net gaming revenues allocated to its
economic development to fund proposed economic development projects. The
Nation’s economic development proposals shall be considered in accordance with
existing procedures. The Oneida Business Committee acting at the direction of the
General Tribal Council shall thereafter allocate those net gaming revenues designated
for its economic development to the proposed economic development project as it
deems necessary and feasible.
E.
The Oneida Business Committee acting at the direction of the General Tribal Council
shall have the authority to appropriate and expend net gaming revenues allocated to its
economic development to supplement funding for ongoing economic development
enterprises. Requests for supplemental funding for the Nation’s ongoing businesses
and enterprises shall be considered in accordance with existing procedures. The
Oneida Business Committee acting at the direction of the General Tribal Council shall
thereafter allocate those net gaming revenues designated for its economic
development to the ongoing business or enterprise as it deems necessary and feasible.
Section VI.
Use of Net Gaming Revenues; Donations to Charitable Organizations
A.
The Nation hereby allocates 0% of net gaming revenues to provide funding for
donations to charitable organizations.
B.
The Oneida Business Committee acting at the direction of the General Tribal Council
shall consider requests for charitable donations under this Section. The Oneida
Business Committee acting at the direction of the General Tribal Council may show a
preference to such charitable donation requests that benefit the Nation’s members or
Indian people generally.
Section VII. Use of Net Gaming Revenues; Funding of Local Government Operations
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A.
The Nation hereby allocates 6.59% of net gaming revenues to provide supplemental
funding for local government operations.
B.
The Oneida Business Committee acting at the direction of the General Tribal Council
shall have the authority to utilize the net gaming revenues allocated to funding of
local government operations to assist local city and county governments in projects
and programs that affect the Nation. The Oneida Business Committee may show a
preference for such local government projects or programs that benefit its members or
Indian people generally. The Oneida Business Committee shall receive or initiate
proposals for projects or programs with local city or county governments and
negotiate the terms of such projects or programs in light of funds available under this
Section. To the extent that the local government projects or programs contributed to
under this section benefit non-Indians, the Oneida Business Committee may require
the local government to provide matching funds.
Section VIII. Use of Net Gaming Revenues; APer Capita Payment@ and AElderly Per
Capita Payment@
A.
In order to advance the personal health, safety and welfare of qualified members, the
Nation hereby allocates 15.70% to be paid to qualified members. Pursuant to Oneida
Business Committee Resolution #07-10-13-B, a per capita payment in the amount of
$1,000.00 will be distributed to or contributed in trust (as applicable) on behalf of
every enrolled member for fiscal years 2014, 2015, and 2016.
Pursuant to General Tribal Council Resolution #08-11-97A, a per capita payment in
the amount of $2,000.00 will be distributed to every enrolled elder aged 62 and over
to begin in Fiscal Year 1998. Pursuant to General Tribal Council Resolution
#6-30-90-A, a per capita payment in the amount of $500.00 will also be distributed to
every enrolled elder aged 65 and over. As authorized by Resolution #6-30-90-A, an
additional 5% may be built into the $500 per capita payment made to qualifying
elders, as was done in fiscal years 2003-2011. The Oneida Trust Committee took
action pursuant to Trust Committee Resolution 6-25-13 to modify the 5% inflationary
increase so that it will now be applied every three years beginning in 2014. The 5%
inflationary increase will be applied every third year thereafter until such time as the
Oneida Trust Committee designates a new schedule of payment. The aged 65 and
over elderly per capita distribution for fiscal year 2014 was $670.04.
In accordance with the United States Department of Interior's Rules and Regulations,
Part 290-Tribal Revenue Allocation Plan, Vol. 65, No. 53 Fed. Reg. 14467, (March
17, 2000), and for purposes of this Plan, "per capita payment" shall mean those
payments made or distributed to all of the Nation’s members, or, to identified groups
of members, which are paid directly from the net revenues of any gaming activity; no
other commonly accepted or used definition of the term "per capita payment" affects
the use of the term herein.
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B.
1.
Per capita payments to the Nation’s qualified members shall be made no later
than September 30, 2016, for the FY 2016 payment, or as soon thereafter as is
legally practicable based on the submission date to allow for the minimum
time for regulatory review of the Revenue Allocation Plan.
2.
The Elderly Per Capita Payment shall be made not later than September 30,
2016, for the FY 2016 payment, or as soon thereafter as is legally practicable
based on the submission date to allow for the minimum time for regulatory
review of the Revenue Allocation Plan.
3.
Upon approval of this Plan, all net revenue designated for distribution as per
capita payments shall be deposited into a low-risk interest bearing account
with a federally insured financial institution prior to distribution. Interest
earned prior to distribution on net gaming revenues deposited in this account
shall be deposited into the Nation=s General Fund for future use at the
discretion of the Oneida Business Committee as delegated by the General
Tribal Council.
The Nation’s "qualified members" for purposes of the "Per Capita Payment" shall
mean those individuals who are duly enrolled in the Oneida Nation f/k/a Oneida Tribe
of Indians of Wisconsin pursuant to Article II of the Oneida Nation's Constitution and
the Oneida Membership Ordinance established by General Tribal Council Resolution
#7-2-84-A. Individuals who have submitted their applications for membership to the
Oneida Enrollments Department prior to February 1 of the year in which the per
capita payment is made will also be eligible for the Per Capita Payment. The
"Nation’s qualified members" who have attained the age of 62 for the $2,000 payment
or 65 for the additional $670.04 payment as of December 31 of the year in which the
payment is made are eligible for the Elderly Per Capita Payment.
1.
The Nation shall place into trust the per capita payments, or any portion or
percentage thereof, of any individual who is declared incompetent by the
Oneida Judiciary or another court of competent jurisdiction. The Oneida
Trust/Enrollment Committee shall invest said funds pursuant to an Investment
Policy adopted by the Oneida Trust/Enrollment Committee taking into account
the goals and purpose of the trust, appropriate time horizons for investment,
and liquidity needs of the trust.
2.
The Oneida Trust Committee or its appointed agent shall have the authority to
order the disbursement of funds held in trust on behalf of any individual who
has been declared legally incompetent upon the petition of the guardian of
such individual. The Oneida Trust Committee may require the petitioning
guardian to submit receipts of expenditures made from funds disbursed
hereunder before any future disbursements are made. The establishment of a
regular monthly allowance for any individual declared legally incompetent
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from the proceeds of any per capita payment placed into trust under this
Section shall be at the discretion of the Oneida Trust Committee or its
appointed agent.
C.
In order to provide for the future safety and well-being of the children of the Nation,
the General Tribal Council authorized that per capita payments designated for minor
qualified members shall be deposited into a "Minors Trust Fund" established and
invested by the Oneida Trust Committee pursuant to an Investment Policy adopted by
the Oneida Trust Committee taking into account the goals and purposes of the trust,
appropriate time horizons for investment, and liquidity needs of the trust.
1.
A "minor qualified member" means an individual who is a qualified member
of the Nation as defined in Section VIII. B., except that he or she has not
reached the age of eighteen (18) as of September 1 of the year in which the per
capita payment is made.
2.
Payments into the "Minors Trust Fund" shall be deposited into the respective
trust account of the minor qualified members. Account market value
statements shall be available to the participant, parent, parents or legal
guardian of the minor qualified member.
3.
Except for those accounts subject to a deferred election as set forth in Section
VIII(C)(5), each minor qualified member shall receive one trust account
maturity payment of the monies accumulated in the "Minors Trust Fund,"
including interest, for that particular minor qualified member on such dates
declared by the Trust/Enrollment Committee for the distribution of Trust
benefits, at least annually, following the beneficiary’s (1) attainment of the age
of eighteen (18), and (2) his or her provision to the Trust/Enrollment
Committee proof he or she has obtained a high school diploma, a high school
equivalency diploma or a general equivalency diploma. If such proof is not
provided by the qualified member, his or her trust funds shall not be disbursed
until his or her twenty-first (21st) birthday. The graduating class of 2016,
minors declared legally incompetent, and minors who have a learning
disability or other disability are exempt from the diploma requirement. Funds
for a minor declared legally incompetent shall be put into a trust account for
the legally incompetent adult. Minors with a disability providing a certificate
of twelve (12) years of school attendance will be treated as high school
graduates. Accounts reaching maturity will be processed and distributed not
less than annually.
4.
The Oneida Trust Committee shall have the authority to order early
distributions of any funds placed into the "Minors Trust Fund" on behalf of a
minor qualified member prior to the age of majority upon proper petition of
the parent(s) or legal guardian of the minor qualified member, provided that
the Oneida Trust Committee determines that (1) the distributed funds will be
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used solely for the health, education or welfare of the minor beneficiary, and
(2) the distribution is a result of an Unforeseeable Emergency. Any petition
for such emergency withdrawal shall include a detailed budget of monies
necessary for the beneficiary’s health, education, or welfare and a detailed
justification for the need to expend Trust funds to meet the beneficiary’s
health, education or welfare needs, including other possible sources of funds
or the lack thereof, and a showing that all other resources have been exhausted
including federal, state, local and the Nation’s assistance. The Oneida Trust
Committee may also require that petitioners submit receipts of expenditures
made from funds disbursed hereunder before any future disbursements are
made.
5.
Notwithstanding the regular maturity payments rules set forth above, the
Oneida Trust Committee may, at its option, implement optional deferral
elections whereby Trust beneficiaries (joined by a parent or guardian as
appropriate) may defer payment to a later date or dates; provided that the
Oneida Trust Committee may implement procedures and restrictions designed
to comply with IRS deferral requirements including, without limitation,
constructive receipt and economic benefit.
D.
Any person enrolling in the Nation shall not be entitled to any back payments of per
capita proceeds. The first per capita payment to a new member shall be on the first
date of a regularly scheduled payment after his or her qualified status is confirmed in
accordance with Section VIII. B.
E.
The Oneida Business Committee or its appointed agent shall insure that notification of
the application of federal and/or applicable state tax laws to per capita payments be
made when such payments are made. The Oneida Business Committee or its
appointed agent shall also implement a procedure by which qualified members who
receive per capita payments can have applicable taxes automatically deducted from
per capita payments. The Oneida Business Committee or its appointed agent shall
include in the notice of the application of federal tax laws, a notice of the existence of
the withholding procedure.
F.
If any dispute arises out of the distribution of this per capita payment, all such matters
shall be resolved according to the procedures set forth in the Judiciary Law adopted
pursuant to General Tribal Council Resolution # 01-07-13-B.
Section IX.
Revision of Allocated Percentages
Any revision of the allocated percentages as set forth in Sections III through VIII shall be
documented by an Oneida General Tribal Council or Oneida Business Committee resolution,
a copy of which shall be provided to the Secretary of the Interior. Any revision under this
section is subject to Secretarial approval as required by the Indian Gaming Regulatory Act
(IGRA).
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Section X.
Severability
If any section, or any part thereof, of this Plan or the application thereof to any party, person,
or entity or, in any circumstances, shall be held invalid for any reason whatsoever by a court
of competent jurisdiction, or by the Department of the Interior, the remainder of the section,
part or Plan shall not be affected thereby and shall remain in full force and effect as though
no section, or part thereof, has been declared to be invalid.
Section XI.
No Waiver of Sovereign Immunity.
Nothing in this Plan shall provide or be interpreted to provide a waiver of the Nation’s or any
of its governmental officers' and/or agents' sovereign immunity from suit.
Section XII. Amendment or Repeal of Plan
This Plan, and any section, part, and word thereof, may be amended or repealed only by an
Oneida Business Committee or Oneida General Tribal Council Resolution which requires a
two-thirds vote of the Oneida Business Committee or the Oneida General Tribal Council
respectively. Any resolution adopted by the Oneida General Tribal Council or Oneida
Business Committee repealing the Plan will be forwarded to the Department of Interior. Any
resolution adopted by the Oneida General Tribal Council or Oneida Business Committee
which approves of amendments to the Plan will be forwarded to the Department of Interior
along with the subject amendments. Any repeal or amendment of the Plan under this section
is subject to Secretarial approval as required by the Indian Gaming Regulatory Act (IGRA).
Section XIII. Readoption is not Automatic if no Plan for Subsequent Fiscal Year.
If no Revenue Allocation Plan is prepared for the subsequent fiscal year, the terms of this
Plan shall not be automatically adopted, without any further General Tribal Council or
Oneida Business Committee action, to govern the allocation of net gaming revenues for the
subsequent fiscal year.
Section XIV. Effective Date
This Plan governs the distribution of any and all net gaming revenues occurring in fiscal year
2016 which began on October 1, 2015, and will end on September 30, 2016. This Plan
becomes effective upon adoption by the Oneida Business Committee of Resolution 07-___2016-__ and approval by the Area Director of the Bureau of Indian Affairs in accordance
with the United States Department of Interior's Rules and Regulations, Part 290-Tribal
Revenue Allocation Plan, Vol. 65, No. 53 Fed. Reg. 14467, (March 17, 2000), IGRA, and all
other applicable federal law. Accordingly, this Plan is effective on the ____ day of July,
2016.
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Oneida Tribe of Indians of Wisconsin
UGWA DEMOLUM YATEHE
Because of the help of
this Oneida Chief in
cementing a friendship
between the six nations
and the colony of
Pennsylvania, a new
nation, the United States
was made possble.
Oneidas bringing several
hundred bags of corn to
Washington' s starving army
at Valley Forge, after the
colonists had consistently
refused to aid them.
BC Resolution 07-1 0-13-B
Implementing Per Capita Plan Adopted by the General Tribal Council May 5, 2013
WHEREAS,
the Oneida General Tribal Council is the duly recognized governing body of the Oneida Tribe of Indians of
Wisconsin, and
WHEREAS,
the General Tribal Council has been delegated the authority of Article IV, Section I of the Oneida Tribal
Constitution, and
WHEREAS,
the Oneida Business Committee may be delegated duties and responsibilities by the Oneida General
Tribal Council and is at all times subject to the review powers of the Oneida General Tribal Council, and
WHEREAS,
the General Tribal Council met on May 5, 2013, to discuss and take action regarding a proposed per
capita plan, and
WHEREAS,
the per capita plans were presented by the Oneida Business Committee as directed by resolution# GTC5-10-08-A and as requested in a petition, and
WHEREAS,
the General Tribal Council, after presentation and discussion regarding the proposed per capita plans,
adopted a per capita payment plan by the motion " ... for a $1,000 per capita payment for three years on
Oct. 1 starting in 2014".
NOW THEREFORE BE IT RESOLVED, in accordance with section 9.4-3 of the Per Capita Law, the Oneida Business
Committee implements the action of the General Tribal Council and directs the per capita payment of $1000.00 to every
member be included in budgets for Fiscal Years 2014, 2015, and 2016.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee
is composed of 9 members of whom 5 members constitute a quorum; 8 members were present at a meeting duly called,
noticed and held on the 1o'h day of July, 2013; that the forgoing resolution was duly adopted at such meeting by a vote of
6 members for, 0 members against, and 1 member not voting; and that said resolution has not been rescinded or
amended in any way.
'?~\lr(f=
Patricia Hoeft, Tribal Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."
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ONEIDA LAW OFFICE
JO ANNE HOUSE
CHIEF COUNSEL
JAMES R. BITTORF
DEPUTY CHIEF COUNSEL
REBECCA M. WEBSTER
SENIOR STAFF ATTORNEY
N7210 SEMINARY ROAD
P.O. BOX 109
ONEIDA, WISCONSIN 54155
(920) 869-4327
PATRICIA M. STEVENSGARVEY
KELLY M. MCANDREWS
MICHELLE L. MAYS
ROBERT W. ORCUTT
KRYSTAL L. JOHN
FAX (920) 869-4065
July 14, 2016
Ms. Diane Rosen
United States Bureau of Indian Affairs
Great Lakes Agency
916 W. Lake Shore Drive
Ashland, WI 54806
RE:
Oneida Tribe of Indians of Wisconsin - 2016 Revenue Allocation Plan
Dear Ms. Rosen:
Please review and forward to the appropriate Bureau Official for review and approval the
enclosed Revenue Allocation Plan by the Oneida Nation f/k/a Oneida Tribe of Indians of
Wisconsin (ANation@) for FY 2016. This plan is being submitted in accordance with the Indian
Gaming Regulatory Act, 25 U.S.C. '2701, et seq. Also enclosed are copies of the following:
1.
2.
3.
5.
6.
Oneida Business Committee resolution #06-24-15-D adopting the FY
2016 Revenue Allocation Plan
Oneida Business Committee Resolution # 7-10-13-B approving a per
capita payment in the amount of $1,000 to each enrolled member of the
Oneida Tribe
Oneida General Tribal Council resolutions # 6-30-90-A and #08-11-97-A
approving the Elder Per Capita payments; and, Trust Committee
Resolution # 06-25-13 modifying 5% inflationary increase
General Tribal Council Resolution #7-2-84-A adopting the Oneida
Membership Ordinance
General Tribal Council Resolution #8-19-91-A adopting the
Administrative Procedures Act as amended by General Tribal Council
Resolution #01-07-13-A
The percentages in the Revenue Allocation Plan are based on the approved Fiscal Year 2016
budget.
The Nation will contact the local Social Security Administration office, and provide the office
with the amount of the proposed per capita disbursement for September 30, 2016. The Social
Security Administration office will contact all individuals receiving Social Security benefits to
inform them that their benefits will be affected by the September 30, 2016 per capita payments.
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Ms. Diane Rosen
July 14, 2016
Page 2
The Nation will comply with all of the requirements set forth in 26 CFR Part 31 with regard to
the income tax withholding requirements as mandated by the IGRA on per capita payments to
the Nation’s members. Members of the Oneida Nation will be informed that the per capita
payment is taxable and that they are responsible for reporting the per capita income on their
income taxes.
If you have any questions or comments, please feel free to contact me at (920) 869-4327 or by email at jhouse1@oneidanation.org.
Sincerely,
Jo Anne House, Chief Counsel
Oneida Nation
Enclosures
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/ /
X
Statement of Effect
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BC Resolution # __-__-__-_
Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal
Council on June 13, 2016
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the General Tribal Council met on June 13, 2016, to discuss and take action regarding
proposed per capita plans by Petitioner Metivier and the Oneida Business Committee; and
WHEREAS,
the General Tribal Council, after presentations and discussion, adopted a per capita
payment plan by way of motions that “…$1,300 instead of $2,000…” is to be paid
“…beginning Fiscal Year 2017 through 2021”; and
WHEREAS,
section 9.4-3 of the Per Capita Law identifies that “per capita payments shall be issued
only at the direction of the General Tribal Council through adoption of a resolution”; and
NOW THEREFORE BE IT RESOLVED, in accordance with the duly adopted Per Capita Law, the Oneida
Business Committee implements the action of the General Tribal Council and directs the per capita payment
of $1,300 to every member be included in the budgets for Fiscal Years 2017, 2018, 2019, 2020, and 2021.
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Oneida Nation
Legislative Reference Office
P.O. Box 365
Oneida, WI 54155
(920) 869-4375
(800) 236-2214
https://oneida-nsn.gov/Laws
Jennifer Falck, Director
Douglass A. McIntyre, Staff Attorney
Taniquelle J. Thurner, Legislative Analyst
Maureen Perkins, Legislative Analyst
Statement of Effect
Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021
Adopted by General Tribal Council on June 13, 2016
Summary
This resolution implements the General Tribal Council’s adopted per capita plan for a one
thousand and three hundred dollar ($1,300) payment beginning Fiscal Year 2017 through 2021.
Submitted by Douglass A. McIntyre, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
On June 13, 2016, the General Tribal Council met to discuss a petition regarding a proposed per
capita plan and a separate plan proposed by the Oneida Business Committee. The Per Capita law
specifies that per capita payments may only be issued through adoption of a resolution:
9.4-3. Budgetary Limitations. This law shall not be construed as mandating a per capita
payment. Per capita payments shall be issued only at the direction of the General Tribal
Council through adoption of a resolution.
It is intended that the adoption of this resolution will fulfill the above requirement and the June
13, 2016 direction of the General Tribal Council will be implemented and therefore directs that
the per capita payment of one thousand and three hundred dollar ($1,300) to every member be
included in budgets for Fiscal Years 2017, 2018, 2019, 2020, and 2021.
The establishment of per capita payments for future years can be viewed as a valid action for the
General Tribal Council to approve. However, it is debatable whether one General Tribal Council
can bind another, and therefore the dollar amounts for fiscal years 2018, 2019, 2020, and 2021
should be viewed as subject to alteration by future General Tribal Councils.
Conclusion
There are no legal bars to adopting the resolution. Passage of this resolution is intended to
satisfy section 9.4-3 of the Per Capita law requiring per capita payments be established by
adoption of a resolution.
This statement of effect is limited to an analysis of the resolution itself and does not constitute a
review of the Per Capita law which was discussed herein.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
7
/ 13 / 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 June 15, 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
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor:
Submitted by Doug McIntyre, Staff Attorney/LRO
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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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 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 June 15, 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
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Oneida Nation
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 AGENDA
Business Committee Conference Room-2nd Floor Norbert Hill Center
June 15, 2016 9:00 a.m.
Present: Brandon Stevens, Tehassi Hill, Fawn Billie, Jennifer Webster, David P. Jordan
Others Present: Taniquelle Thurner, Maureen Perkins, Doug McIntyre, Krystal John, Rae
Skenandore, Danelle Wilson, Leyne Orosco, Ed Delgado.
I.
Call to Order and Approval of the Agenda
Tehassi Hill called the June 15, 2016 Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda with the addition of the Code of
Laws Reorganization; seconded by Fawn Billie. Motion carried unanimously.
II.
Minutes to be approved
1. June 1, 2016 LOC Meeting Minutes
Motion by Jennifer Webster to approve the June 1, 2016 LOC meeting minutes;
seconded by Fawn Billie. Motion carried unanimously.
III.
Current Business
1. Employment Law (06:05-07:12)
Motion by Jennifer Webster to accept the fiscal impact statement for the Employment
Law; seconded by David P. Jordan. Motion carried unanimously.
2. Landlord-Tenant Law (07:13-08:13)
Motion by David P. Jordan to accept the legislative analysis for Landlord-Tenant law
and to approve the public meeting packet for a public meeting date on July 21, 2016;
seconded by Fawn Billie. Motion carried unanimously.
3. Leasing Law (08:15-16:45)
Legislative Operating Committee Meeting Minutes of June 15, 2016
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Motion by Fawn Billie to accept the Leasing law public meeting comments; seconded
by Tehassi Hill. Motion carried unanimously.
Motion by Jennifer Webster to direct an adoption packet for the Leasing law be
prepared after feedback of the draft is received from the Bureau of Indian Affairs;
seconded by David P. Jordan. Motion carried unanimously.
4. Oneida Seal and Flag Law (16:51-18:61)
Motion by Tehassi Hill to defer the Oneida Seal and Flag Law to the Legislative
Reference Office for an updated legislative analysis and to prepare for a second
public meeting; seconded by Jennifer Webster. Motion carried unanimously.
5. Vendor Licensing Law Amendments (18:55-19:53)
Motion by David P. Jordan to accept the legislative analysis for Vendor Licensing
Law Amendments and to approve the public meeting packet for a public meeting date
on July 21, 2016; seconded by Fawn Billie. Motion carried unanimously.
IV.
New Submissions
V.
Additions
1. Oneida Code of Laws Reorganization (20:00-51:59)
Motion by David P. Jordan to defer the Oneida Code of Laws Reorganization to the
Legislative Reference Office for directed changes and to schedule an Oneida
Business Committee work meeting; seconded by Jennifer Webster. Motion carried
unanimously.
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
Motion by Tehassi Hill to adjourn the June 15, 2016 Legislative Operating Committee
meeting at 9:53 a.m.; seconded by Jennifer Webster. Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of June 15, 2016
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Oneida Nation
P.O. Box 365
Oneida, WI 54155
MEMORANDUM
TO:
Finance Committee
CC:
Business Committee
FR:
Denise Vigue, Execut ive Assistant
DT:
July 6, 2016
RE:
E- Poll Result s of: FC Meeting Mi nutes of Jul y 5, 2016
An E-Poll vot e of the Finance Committee was conduct ed to approve the
July 5, 2016 Finance Committee meet ing minutes. The results of the
completed E- Poll ar e as f ollows:
E-POLL RESULTS:
There w as a Majority 5 YES votes from Larry Barton, David Jordan, Wesley
Martin, Jr., Jennifer Webster and Chad Fuss to approve the Jul y 5, 2016
Finance Committee Meeting Minutes.
The minut es will be placed on the next BC agenda of July 13, 2016 f or
approval and the next Finance Committee agenda of July 18, 2016 to rat if y
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
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ONEI D A FI N ANCE COM M I TTEE
July 5, 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
Chad Fuss, Gaming AGM/FC Alternate
Larry Barton, CFO/FC Vice-Chair
Jennifer Webster, BC Council Member
Wesley Martin, Jr., Community Elder Member
Members Excused: Patrick Stensloff, Purchasing Director
Others Present: Henrietta Cornelius, RaLinda Ninham-Lamberies, Lisa A. Moore, Sam VanDen
Heuvel, Daniel W. Skenandore Dave Cluckey, Nate Villarreal, Jason W. Doxtater, and Denise Vigue,
FC recording secretary
I.
Call to Order: The meeting was called to order by the FC Chair at 10:04 A.M.
II.
Appr oval of Agenda: July 5, 2016:
Motion by Jennifer Webster to approve the Finance Committee agenda for July 5, 2016.
Seconded by David Jordan. Motion carried unanimously.
III.
Appr oval of Minutes: May 31, 2016 (approved via FC E-Poll on 6/1/16):
Motion by David Jordan to ratify the FC E-Poll action of June 1, 2016 approving the Finance
Committee meeting minutes of May 31, 2016. Seconded by Wesley Martin, Jr. Motion carried
unanimously.
IV.
Tabled Busi ness:
Motion by Larry Barton to remove item #1 from the table for discussion. Seconded by David Jordan.
Motion carried unanimously.
1.
Request: Establish a Language Revitalization Endowment Fund
Susan White, Trust Director
Requested follow up from the Trust Director dated 6/10/16 and the Legal Review dated 6/22/16
have been received in regards to unclaimed per capita. It would now be up to Trust and the BC to
determine additional steps to set up the endowment fund.
Motion by Larry Barton to accept the follow up information and to forward it to the BC for their
discussion at the next BC /Trust meeting. Seconded by Wesley Martin, Jr. Motion carried
unanimously.
Motion by Larry Barton to remove items #2, 3, & 4 from the table for discussion. Seconded by David
Jordan. Motion carried unanimously.
2.
3.
4.
Laptop Purchase
Michael Debraska
I-Pad Pro Purchase
Beverly Somers
I-Pad Pro Purchase
Daniel Miller
Amount: $300.
Amount: $300.
Amount: $300.
There was discussion as to the backup information received by the requestors as well as the Trust
Departments response to the Disability Fund dated 6/10/16 and the Legal Opinion on the
Community Fund SOP’s dated 6/21/16 regarding the application and use of the Community Fund
and these types of requests. The FC will need to address these in a work session in terms of
amendments to the SOP’s.
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Finance Committee Meeting Minutes of July 5, 2016
Page 132 of 309
Motion by Larry Barton to direct his staff to set up a FC work meeting just prior to the next FC
meeting on 7/18/16 to review the information and make changes, clarifications, and or definitions to
the Community Fund SOP’s regarding these three requests as well as today’s Community Fund
request #16. Seconded by Jennifer Webster. Motion carried unanimously.
Motion by Larry Barton to remove item #5 from the table for discussion. Seconded by Jennifer
Webster. Motion carried unanimously.
5.
Treasurer Follow-Up on Tier IV Project
There was a discussion with the MIS personnel present about the now suspended Tier IV Project
at Gaming; at this time it will need to be redefined and to present a new proposal in FY18. It was
noted that if that occurs it will first need to go through Gaming Capital Expenditures Committee
prior to being resubmitted to the Finance Committee. In regards to the Tier IV Project at the
Skenandoah Complex MIS is working to optimize the system utilizing Technology Set-Aside funds;
staff discussed the broad degree of redundancy that is needed in regards to power sources.
Motion by David Jordan to accept report from MIS as information. Seconded by Larry Barton.
Motion carried unanimously.
Motion by Larry Barton for MIS to proceed with the Tier IV Project work at the Skenandoah
Complex from their current Purchase Order. Seconded by Jennifer Webster. Motion carried
unanimously.
V.
Capital Expenditures: No requests submitted
VI.
New Business:
1.
Meadowbrook 2016-17 Property Insurance Renewal
Robert Keck, Risk Management
Lisa Moore was representing Risk Management to discuss this insurance renewal. She noted the
rate remains the same, but due to property costs slightly up it caused a slight increase in the
premium. There was discussion about this vendor and the request for bids that was conducted at
the time of selection; this in regards to not being sole source.
Motion by Jennifer Webster to approve the 2016-17 Property Insurance Renewal with
Meadowbrook in the amount of $419, 238. Seconded by David Jordan. Larry Barton abstained.
Motion carried.
2.
Arrow Pavement Maintenance
Tim Skenandore, Gaming Facilities
There was a discussion about conflict of interest with this vendor; request needs to be redone with
another name, signature by the AGM-Operations; also actual cost of project that includes all vendors
needs to be part of the packet and written legal review of the conflict of interest.
Motion by David Jordan to approve the Arrow Pavement Maintenance contract in the amount of
$100,000 pending the FC receiving the legal opinion of possible conflict of interest. Seconded by
Larry Barton. Motion carried unanimously.
3.
IEI General Contractors –Chg Order #1
Paul Witek, Engineering
The change order is a reduction in costs and would allow final payment to be made to close out the
Oneida Lake Project with this vendor.
Motion by Larry Barton to approve Change Order #1 with IEI General Contractors for work on the
Oneida Lake Project. Seconded by Jennifer Webster. Motion carried unanimously.
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Finance Committee Meeting Minutes of July 5, 2016
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VII.
Executi ve Session:
Motion by David Jordan to go into Executive Session. Seconded by Wesley Martin, Jr. Motion
carried unanimously. Time: 11:06 A.M.
Motion by David Jordan to come out of Executive Session. Seconded by Larry Barton. Motion
carried unanimously. Time: 11:11 A.M.
1.
Medical Contract
Henrietta Cornelius, OCHC
Motion by Jennifer Webster to remove this item from the agenda as all issues have been
addressed due to resignation of contracted vendor. Seconded by David Jordan. Motion carried
unanimously.
2.
Finance Committee Procedures
Patricia King, Treasurer/FC Chair
- See Tabled #2-4 Motion.
VIII.
1.
*Communit y Fund:
Tough Mudder/Warrior Dash registration
Alebra Cornelius
Motion by Jennifer Webster to approve from the Community Fund the race registration fees in the
amount of $238. Seconded by Larry Barton. Motion carried unanimously.
2.
5th Annual Oneida Baseball Tournament
Jason Martinez, Tournament Director
Motion by Wesley Martin, Jr. to approve from the Community Fund $1,000, noting receipts for all
purchases are submitted. Seconded by Larry Barton. Motion carried unanimously.
Motion by Larry Barton to approve Twenty-Five (25) cases of Coca-Cola Product for the 5th
Annual Oneida Baseball Tournament. Seconded by David Jordan. Motion carried unanimously.
3.
Amplify Lacrosse registration
Jack Mehojah for son, Jack Jr
Motion by David Jordan to approve from the Community Fund the Amplify Lacrosse participation
registration for the son of the requestor in the amount of $139.50. Seconded by Jennifer Webster.
Motion carried unanimously
4.
National Gymnastics Competition registration
Jerry Swift for daughter, Victoria
Motion by Larry Barton to approve this request to registration in the Nation Gymnastics
Competition in the amount of $300, contingent upon receiving CF required information verifying
Oneida enrollment of daughter. Seconded by David Jordan. Motion carried unanimously.
5.
Oneida Big Apple Fest
Jeff Scofield, Apple Orchard
Motion by David Jordan to approve from the Community Fund Twenty-Five (25) Cases of CocaCola product for use at the Oneida Big Apple Fest. Seconded by Jennifer Webster. Motion
carried unanimously.
6.
Southwest Softball Assn-participation fees
Debra Cloud for daughter, Mariah
Motion by David Jordan to approve from the Community Fund the Southwest Softball Association
participation fees for the daughter of the requestor in the amount of $45. Seconded by Larry
Barton. Motion carried unanimously.
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Finance Committee Meeting Minutes of July 5, 2016
Page 134 of 309
7.
Southwest Softball Assn-participation fees
Sacheen Lawrence for daughter, RaeAnne
Motion by David Jordan to approve from the Community Fund this and the following request for
the Southwest Softball Association participation fees for the daughters of the requestor in the
amount of $45 each. Seconded by Jennifer Webster. Motion carried unanimously.
8.
Southwest Softball Assn-participation fees
Sacheen Lawrence for daughter, M”Kenzey
- See motion in CF #7.
9.
Marquette University-Summer Reading Program
Josefina Garcia-Mondragon for daughter, Alejandra
Motion by Jennifer Webster to approve from the Community Fund the Marquette University
Summer Reading Program fees for the daughter of the requestor in the amount of $261.18.
Seconded by David Jordan. Motion carried unanimously.
10.
Warrior Dash Registration
Angelena S. Bain
Motion by David Jordan to approve from the Community Fund the race registration fee in the
amount of $75. Seconded by Jennifer Webster. Motion carried unanimously.
11.
Bode Bootcamp-Class fees
Alicia Tisch
Motion by Larry Barton to approve from the Community Fund the Bode Bootcamp class fees in the
amount of $300. Seconded by Jennifer Webster. Motion carried unanimously.
12.
Duck Creek Pop Warner Football fees
Alebra Cornelius for son, Wayne
Motion by Jennifer Webster to approve from the Community Fund the Duck Creek Pop Warner
football participation registration for the son of the requestor in the amount of $130. Seconded by
David Jordan. Motion carried unanimously.
13.
Tough Mudder/Warrior Dash
Makenit Gutierrez
Motion by David Jordan to approve from the Community Fund the race registration fees in the
amount of $238. Seconded by Jennifer Webster. Motion carried unanimously.
14.
Green Bay Elite Cheer
Tina Moore for daughter, Hailey
Motion by David Jordan to approve from the Community Fund the Green Bay Elite Cheer class
fees for the daughter of the requestor in the amount of $300. Seconded by Jennifer Webster.
Motion carried unanimously.
15.
Oneida Sharp Shooters Lacrosse Team-registration fees
Jeremy and Dawn VandeHei
Motion by Larry Barton to approve from the Community Fund the tournament registration for the Oneida
Sharp Shooters Lacrosse Team in the amount of $1,000. Seconded by Jennifer Webster. Motion carried
unanimously.
16.
I-Pad Air Purchase
B. Jan Frion
Amount: $300.
- See Tabled #2-4 Motion.
(*Unless otherwise noted all requests are from Oneida Tribal members)
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Finance Committee Meeting Minutes of July 5, 2016
Page 135 of 309
IX.
Follow Up:
1.
Data Financial – Maintenance Contract
Andrew Doxtator, Gaming Accounting
Motion by Larry Barton to accept as FYI the updated information dated 6/9/16 of the maintenance
contract with Data Financial. Seconded by Jennifer Webster. Motion carried unanimously.
X.
FYI and /or Thank You:
1.
FYI: IGT (2) Participation Games - No Purchase
David Emerson, Gaming Slots Dept.
Motion by Larry Barton to accept, as FYI the IGT (2) Participation Games information. Seconded
by Wesley Martin, Jr. Motion carried unanimously.
2.
FYI: Data Financial, Inc, - Custom Playing Cards –Shipping Costs
Kim La Luzerne, Gaming Table Games
Motion by Jennifer Webster to accept, as FYI the corrected shipping cost information for the
Custom Playing Cards. Seconded by Larry Barton. Motion carried unanimously.
3.
FYI: Creative Sign – CO #1
Daniel Skenandore, Engineering Dept.
Motion by Larry Barton to approve change order #1 for permit sign standards required by Hobart
in the amount of $200. Seconded by David Jordan. Motion carried unanimously.
4.
FYI: Creative Sign – CO #2
Paul Witek, Engineering Dept.
Motion by David Jordan to approve change order #2 regarding the 54 One Stop Project in the
amount of $850. Seconded by Larry Barton. Motion carried unanimously.
XI.
Adjour n: Motion by David Jordan to adjourn. Seconded by Wesley Martin, Jr. Motion carried
unanimously. The meeting ended at 11:27 A.M.
Minutes taken and transcribed by:
Denise Vigue, Executive Assistant in Finance
& Finance Committee Recording Secretary
Finance Committee- E-Poll Minutes Approval Date: July 6, 2016
Oneida Business Committee- FC Minutes- Approval Date:
Page 5 of 5
Finance Committee Meeting Minutes of July 5, 2016
IX. GENERAL TRIBAL COUNCIL
A. Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board
Sponsor: Lisa Summers, Tribal Secretary
B. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution
$3,000/$5,000
Sponsor: Lisa Summers, Tribal Secretary
1. Accept legislative progress report noting the analysis is due at the July 27, 2016,
regular Business Committee meeting
2. Accept legal progress report noting the analysis is due at the July 27, 2016, regular
Business Committee meeting
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.
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/ /
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Version Release Date: 05/03/2016
1
SECTION 1: COVER PAGE
109
(1) Grant Number:
55IT5549100
(2) Recipient Program Year:
10/1 - 9
(3) Federal Fiscal Year:
FY 2017 10/1 - 9/30
(4)
Initial Plan (Complete this Section then proceed to Section 2)
(5)
Amended Plan (Complete this Section, Section 8 if applicable, and Section 16)
(6)
Annual Performance Report (Complete items 27-30 and proceed to Section 3)
(7)
Tribe
(8)
TDHE
(9) Name of Recipient:
Oneida Tribe of Indians of Wisconsin
(10) Contact Person:
Dale P. Wheelock
(11) Telephone Number with Area Code:
920-869-6198
(12) Mailing Address:
2913 Commissioner Street
(13) City:
Oneida
(14) State:
Wisconsin
(15) Zip Code:
54155
(16) Fax Number with Area Code (if available):
920-869-2836
(17) Email Address (if available):
dwheelo1@oneidanation.org
(18) If TDHE, List Tribes Below:
Oneida Nation
(19) Tax Identification Number:
396081138
(20) DUNS Number:
798227278
(21) CCR/SAM Expiration Date:
September 24, 2016
1
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(22) IHBG Fiscal Year Formula Amount:
FY 2017 $4,075,713
(23) Name of Authorized IHP Submitter:
Cristina S. Danforth
(24) Title of Authorized IHP Submitter:
Tribal Chairwoman
(25) Signature of Authorized IHP Submitter:
(26) IHP Submission Date:
(27) Name of Authorized APR Submitter:
Cristina S. Danforth
(28) Title of Authorized APR Submitter:
Tribal Chairwoman
(29) Signature of Authorized APR Submitter:
(30) APR Submission Date:
Certification: The information contained in this document is accurate and reflects the activities actually planned or
accomplished during the program year. Activities planned and accomplished are eligible under applicable statutes
and regulations.
Warning: If you knowingly make a false statement on this form, you may be subject to civil or criminal penalties under
Section 1001 of Title 18 of the United States Code. In addition, any person who knowingly and materially violates any
required disclosure of information, including intentional disclosure, is subject to a civil money penalty not to exceed
$10,000 for each violation.
2
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ONE YEAR PLAN & ANNUAL PERFORMANCE REPORT
SECTION 2: HOUSING NEEDS
NAHASDA § 102(b)(2)(B)
(1) Type of Need: Check the appropriate box(es) below to describe the estimated types of housing needs and the
need for other assistance for low-income Indian families (column B) and all Indian families (column C) inside and
outside the jurisdiction.
Check All That Apply
(A)
Type of Need
(1) Overcrowded Households
(B)
(C)
Low-Income Indian
Families
All Indian Families
(2) Renters Who Wish to Become Owners
(3) Substandard Units Needing Rehabilitation
(4) Homeless Households
(5) Households Needing Affordable Rental Units
(6) College Student Housing
(7) Disabled Households Needing Accessibility
(8) Units Needing Energy Efficiency Upgrades
(9) Infrastructure to Support Housing
(10) Other (specify below)
(2) Other Needs. (Describe the “Other” needs below. Note: this text is optional for all needs except “Other.”):
aHomebuyer and tenant education; budgeting, credit education, transportation assistance, debt
management, utility assistance, and referal assistance.for outstanding bills.
Tenant Education series; routine maintenance including change filters, and work order process.
Tenant and Homebuyer education series that focuses on; changing filter, checking sump pump
connections, gutter drainage from unit and bathroom exhaust fan maintenance.
3
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(3) Planned Program Benefits. (Describe below how your planned programs and activities will address the needs of
low income families identified above. Also describe how your planned programs will address the various types of
housing assistance needs . NAHASDA § 102(b)(2)(B)):
aThe Oneida Housing Department planned programs and activities will focus on addressing maintenance
and rehabilitation needs of low-income housing stock and new construction. In the FY 2017 program year
OHA will continue to assess and improve efficiency in management, policy development, staff training and
financial leveraging of resources to meet the needs of the department. Improvements to the inventory
control system will continue to be implemented to enhance tracking of housing unit stock cost and new
development unit cost.
The Oneida Housing Department will continue to promote safe and healthy housing units that are
affordable to meet the needs of the Oneida community.
> The Housing Department employs 33 staff to manage, operate, maintain and administer program and
project activities though out the year. This provides employment and career opportunities for community
members committed to improving housing for the Oneida community.
> Maintenance staff will continue to meet work order requests in a timely manner and respond to
emergencies such as plumbing and electrical issues during the day, evenings, and weekends. The
maintence program is responsible for 315 rental units.
> Rehabilitation staff will continue to improve the quality and energy efficiency of our housing stock by
replacing furnaces, apliances and
(4) Geographic Distribution. (Describe below how the assistance will be distributed throughout the geographic area
and how this geographic distribution is consistent with the needs of low income families. NAHASDA § 102(b)(2)(B)(i)):
Housing services will be provided within the original Oneida Tribe of Indians of Wisconsin reservation
b
di
hi h i l d
ti
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ti i Wi
i G
hi l
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Households
SECTION 3: PROGRAM DESCRIPTIONS
[102(b)(2)(A)], [233(a)], [235(c)], [404(b)], 24 CFR §1000.512(b)(2) and (3)
Planning and Reporting Program Year Activities
In this section, the recipient must provide a description of its planned eligible activities, and
intended outcomes and outputs for the One-Year IHP. The recipient can select any combination
of activities eligible under NAHASDA and intended outcomes and outputs that are based on local
needs and priorities. There is no maximum or minimum number of eligible activities or intended
outcomes and outputs. Rather, the One-Year IHP should include a sufficient number of eligible
activities and intended outcomes to fully describe any tasks that the recipient intends to fund in
whole or in part with IHBG resources during the coming program year.
Subtitle B of NAHASDA authorizes recipients to establish a program for self-determined housing
activities involving construction, acquisition, rehabilitation, or infrastructure relating to housing
activities or housing that will benefit the low-income households served by the Indian tribe. A
recipient may use up to 20 percent of its annual allocation, but not more than $2 Million, for this
program. Section 233(a) of NAHASDA requires a recipient to include its planned selfdetermination program activities in the IHP, and Section 235(c) requires the recipient to report
the expenditures, outputs, and outcomes for its self-determination program in the APR. For more
information, see PIH Notice 2010-35 (Demonstration Program - Self-Determined Housing
Activities for Tribal Governments) at
http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_8814.pdf
The One-Year IHP is not required to include eligible activities or intended outcomes and outputs
that will not receive IHBG resources. For example, the recipient may be planning to apply for Low
Income Housing Tax Credits (LIHTC) from its state. If those tax credit projects will not receive
IHBG resources, they are not required to be described in the IHP. However, the recipient may
ih i l d
IHBG i i i i h IHP
id ib l
b
ih
l
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wish to include non-IHBG activities in the IHP to provide tribal members with a more complete
picture of housing activities.
If an activity will receive partial funding from an IHBG resource, it must be described in the IHP.
For example, if the recipient uses IHBG-funded staff persons to manage, inspect, or maintain an
LIHTC-funded rental project, that project would be considered an IHBG-assisted project and the
related activities must be described in the IHP.
Planning and Administrative expenses and loan repayments should not be identified as programs
in the IHP. That is why there are dedicated rows in the Uses of Funding budget for these
expenses. Instead, describe anticipated planning and administrative expenses in Section 6, Line 4
of the IHP, and describe actual planning and administration expenses in Section 6, Line 5 of the
APR. Report the planned and actual amount of planning and administrative expenses in the
dedicated row of the Uses of Funding budget (Section 5, Line 2). Please note that Reserve
Accounts to support planning and administration is an eligible activity and should be identified as
a program in the IHP, and any planned or actual expenditure from the Reserve Account would be
reported by its program name in the Uses of Funding table.
With regard to loan repayments made with IHBG funds, describe planned loan repayments in
Section 5, Line 4 of the IHP, and describe actual loan repayments in Section 5, Line 5 of the APR.
Report the planned and actual amount of loan repayments in the dedicated row of the Uses of
Funding budget (Section 5, Line 2), except as noted in the following instructions for Column O in
the Uses of Funding table. Column O should show the IHBG funds that were expended in the
previous 12-month program year. If the recipient borrowed and repaid a loan or a portion of a
loan in the same year using IHBG funds, show the repayment of the principal amount in the IHBG
program line in the Uses of Funding table and report loan interest payments and loan expenses in
the Loan Repayment line in the Uses of Funding table. The Administrative and Planning spending
cap must be based on the actual expenditures incurred during the 12-month period, and not on
the amount shown in the IHP. These expenditures should be reported on the Planning and
Administration row. The total amount of IHBG funds expended cannot exceed the total amount
in Column H, Row 1 of Line 1 (Sources of Funding table).
For the IHP, complete the unshaded sections to describe the planned activities, outcomes and
outputs in the coming 12-month program year. The recipient must complete Lines 1.1 through
1.4, Lines 1.6 and 1.7, and Line 1.9 for each eligible activity or program planned for the One-Year
IHP. For the APR, complete the shaded sections to describe actual accomplishments, outcomes,
and outputs for the previous 12-month program year. In particular, complete Lines 1.5, 1.8, 1.9,
and 1.10 for each program included in the IHP.
Eligible Activity May Include (citations below all reference sections in NAHASDA) :
Eligible Activity
(1) Modernization of 1937 Act Housing [202(1)]
Output Measure
Output Completion
Units
All work completed and unit passed final inspection
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(2) Operation of 1937 Act Housing [202(1)]
Units
Number of units in inventory at Program Year End
(PYE)
(3) Acquisition of Rental Housing [202(2)]
Units
When recipient takes title to the unit
(4) Construction of Rental Housing [202(2)]
Units
All work completed and unit passed final inspection
(5) Rehabilitation of Rental Housing [202(2)]
Units
All work completed and unit passed final inspection
(6) Acquisition of Land for Rental Housing
Development [202(2)]
Acres
When recipient takes title to the land
(7) Development of Emergency Shelters [202(2)]
Households
Number of households served at any one time,
based on capacity of the shelter
(8) Conversion of Other Structures to Affordable
Housing [202(2)]
Units
All work completed and unit passed final inspection
(9) Other Rental Housing Development [202(2)]
Units
All work completed and unit passed final inspection
(10) Acquisition of Land for Homebuyer Unit
Development [202(2)]
Acres
When recipient takes title to the land
(11) New Construction of Homebuyer Units [202(2)]
Units
All work completed and unit passed final inspection
(12) Acquisition of Homebuyer Units [202(2)]
Units
When recipient takes title to the unit
Units
When binding commitment signed
Units
When binding commitment signed
Units
When binding commitment signed
Units
All work completed and unit passed final inspection
(17) Tenant Based Rental Assistance [202(3)]
Households
Count each household once per year
(18) Other Housing Service [202(3)]
Households
Count each household once per year
(19) Housing Management Services [202(4)]
(20) Operation and Maintenance of NAHASDAAssisted Units [202(4)]
Households
Count each household once per year
Units
Number of units in inventory at PYE
(21) Crime Prevention and Safety [202(5)]
Dollars
Dollars spent (report in Uses of Funding table only)
(22) Model Activities [202(6)]
Dollars
Dollars spent (report in Uses of Funding table only)
Acquisition
Units
When recipient takes title to the unit
Construction
Units
All work completed and unit passed final inspection
Rehabilitation
Units
All work completed and unit passed final inspection
Infrastructure
Dollars
Dollars spent (report in Uses of Funding table only)
(13) Down Payment/Closing Cost Assistance
[202(2)]
(14) Lending Subsidies for Homebuyers (Loan)
[202(2)]
(15) Other Homebuyer Assistance Activities
[202(2)]
(16) Rehabilitation Assistance to Existing
Homeowners [202(2)]
(23) Self-Determination Program [231-235]
7
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(24) Infrastructure to Support Housing [202(2)]
Dollars
Dollars spent (report in Uses of Funding table only)
(25) Reserve Accounts [202(9)]
N/A
N/A
Outcome May Include:
(1) Reduce over-crowding
(7) Create new affordable rental units
(2) Assist renters to become homeowners
(8) Assist affordable housing for college students
(3) Improve quality of substandard units
(9) Provide accessibility for disabled/elderly persons
(4) Improve quality of existing infrastructure
(10) Improve energy efficiency
(5) Address homelessness
(11) Reduction in crime reports
(6) Assist affordable housing for low income households
(12) Other – must provide description in boxes 1.4 (IHP) and 1.5
(APR) below
IHP: PLANNED PROGRAM YEAR ACTIVITIES (NAHASDA § 102(b)(2)(A))
For each planned activity, complete all the non-shaded sections below. It is recommended that for each program
name you assign a unique identifier to help distinguish individual programs. This unique number can be any number
of your choosing, but it should be simple and clear so that you and HUD can track tasks and results under the program
and collect appropriate file documentation tied to this program.
One way to number your programs is chronologically. For example, you could number your programs 2011-1,
2011-2, 2011-3 etc.
Or, you may wish to number the programs based on type. For example rental 1, rental 2, homebuyer1,
homebuyer 2 etc. This type of numbering system might be appropriate if you have many programs
that last over several years.
Finally, you may wish to use an outline style of numbering. For example, all programs under your first
eligible activity would start with the number 1 and then be consecutively numbered as 1.1, 1.2, 1.3 etc.
8
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APR: REPORTING ON PROGRAM YEAR PROGRESS (NAHASDA § 404(b))
Complete the shaded section of text below to describe your completed program tasks and actual results. Only report
on activities completed during the 12-month program year. Financial data should be presented using the same basis
of accounting as the Schedule of Expenditures of Federal Awards (SEFA) in the annual audit. For unit
accomplishments, only count units when the unit was completed and occupied during the year. For households, only
count the household if it received the assistance during the previous 12-month program year.
1.1. Program Name and Unique
Identifier:
HUD - Veterans Affairs Supportive Housing
VASH - 2017-001
1.2. Program Description (This should be the description of the planned program.):
a program is to provide housing for Indian veterans who are homeless or at risk of
The VASH
homeless. This is a multi-year voucherfunding program with an annual application process. The
program provides the following;
> Determine eligibilty by VA staff as to being a veteran, determine Indian under the law by Tribe,
income eligible, and not subject to a lifetime registrationrequirement under a state sex offender
registration program.
>Provide housing by Tribe or project-based assistance to VA referred and tribally screened
members.
> Deliver case management and VA support services.
> Ensure that housing first is used to provide immediate access to housing without prerequisites.
1.3 Eligible Activity Number (Select one activity from the Eligible Activity list. For any activity
involving housing units as the output measure (excluding operations and maintenance), do not
combine homeownership and rental housing in one activity, so that when housing units are
reported in the APR they are correctly identified as homeownership or rental.):
18
1.4 Intended Outcome Number (Select one outcome from the Outcome list. Each program can
have only one outcome. If more than one outcome applies, create a separate program for each
outcome.):
5
Describe Other Intended Outcome (Only if you selected "Other" above):
1.5 Actual Outcome Number (In the APR identify the actual outcome from the Outcome list.):
Describe Other Actual Outcome (Only if you selected "Other" above.):
1.6 Who Will Be Assisted (Describe the types of households that will be assisted under the program. Please
note: assistance made available to families whose incomes fall within 80 to 100 percent of the median must
be included as a separate program within this section.):
a
Low-Moderate
Income homeless veteran
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1.7. Types and Level of Assistance (Describe the types and the level of assistance that will be provided to
each household, as applicable.) :
a Program will provide housing services for 20 homeless veterans, with a plan of providing housing for
The VASH
10 homeless veterans this program year. Veterans will recieve case management to address chronic homeless
issues through the VA. Services may include substance use treatment, mental health care, job training, and
education regarding tenancy rights and responsibilities.
1.8. APR: Describe the accomplishments for the APR in the 12-month program year. In accordance with 24
CFR § 1000.512(b)(3), provide an analysis and explanation of cost overruns or high unit costs.
1.9: Planned and Actual Outputs for 12-Month Program Year
Planned Number of Units to be
Completed in Year Under this Program
Planned Number Planned Number of Acres To Be
of Households To Purchased in Year Under this Program
Be Served in Year
Under this
Program
10
APR: Actual Number of Units Completed APR: Actual
Number of
in Program Year
Households
Served in
Program Year
APR: Actual Number of Acres Purchased
in Program Year
1.10: APR: If the program is behind schedule, explain why. (24 CFR § 1000.512(b)(2))
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2.1. Program Name and Unique
Identifier:
Resident Services - 2017-002
2.2. Program Description (This should be the description of the planned program.):
a services provides application intake, tenant relations, lease monitoring, collections,
Resident
conveying stock, interim recertifications, lease and homebuyer agreement enforcement, data
collection and analysis, report preparation, file maintenance of tenant application
correspondence, casework, and support services such as budgeting and credit education.
Resident services conducts unit inspections and submits work order requests as needed .
Staff provides daily tenant contact regarding housing concerns and complaints. Case
management files are maintained for each case in a secure location. Tenant files are
maintained to meet HUD compliance requirements.
2.3. Eligible Activity Number (Select one activity from the Eligible Activity list. Do not combine
homeownership and rental housing in one activity, so that when housing units are reported in
the APR they are correctly identified as homeownership or rental.):
19
2.4. Intended Outcome Number (Select one outcome from the Outcome list. E ach program
can have only one outcome. If more than one outcome applies, create a separate
program for each outcome.):
6
Describe Other Intended Outcome (Only if you selected "Other" above.):
2.5. Actual Outcome Number (In the APR identify the actual outcome from the Outcome list.):
Describe Other Actual Outcome (Only if you selected "Other" above.):
2.6. Who Will Be Assisted (Describe the types of households that will be assisted under the program.
Please note: assistance made available to families whose incomes fall within 80 to 100 percent of the median
should be included as a separate program within this section.):
a
Low-income
LR and MH families who meet income eligibility criteria for the housing programs.
2.7. Types and Level of Assistance (Describe the types and the level of assistance that will be provided to
each household, as applicable.):
Servicesawill be provided by admission and occupancy staff at no cost to applicants and tenants. Service
will be provided to 319 rental and 55 homebuyer households totaling 374 housholds.
2.8. APR: Describe the accomplishments for the APR in the 12-month program year.
2.9: Planned and Actual Outputs for 12-Month Program Year
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Planned Number of Units to be
Completed in Year Under this Program
Planned Number Planned Number of Acres To Be
of Households To Purchased in Year Under this Program
Be Served in Year
Under this
Program
374
APR: Actual Number of Units Completed APR: Actual
Number of
in Program Year
Households
Served in
Program Year
APR: Actual Number of Acres Purchased
in Program Year
2.10: APR: If the program is behind schedule, explain why. (24 CFR § 1000.512(b)(2))
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3.1. Program Name and Unique
Identifier:
CAS Maintenance - 2017-003
3.2. Program Description (This should be the description of the planned program.):
a
This maintenance
program is designed to provide the following activities; routine and nonroutine repairs and replacement of fixtures, equipment and/or materials to ensure
compliance with health quality standards. Tenant referrals are made to occupancy staff
regarding maintenance or health concerns observed in the tenant units. Occupancy staff
make referals to maintenance staff via work orders. Maintenance staff and Resident Services
staff work hand-in-hand to ensure when units are vacated, the unit is repaired timely and
ready for occupancy as soon as possible.
Routine repair and cleaning of units is completed within 2 weeks, but severe tenant damage
may take up to 60 days.
3.3. Eligible Activity Number (Select one activity from the Eligible Activity list. Do not combine
homeownership and rental housing in one activity, so that when housing units are reported in
the APR they are correctly identified as homeownership or rental.):
2
3.4. Intended Outcome Number (Select one outcome from the Outcome list. E ach program
can have only one outcome. If more than one outcome applies, create a separate
program for each outcome.):
3
Describe Other Intended Outcome (Only if you selected "Other" above.):
3.5. Actual Outcome Number (In the APR identify the actual outcome from the Outcome list.):
Describe Other Actual Outcome (Only if you selected "Other" above.):
3.6. Who Will Be Assisted (Describe the types of households that will be assisted under the program.
Please note: assistance made available to families whose incomes fall within 80 to 100 percent of the median
should be included as a separate program within this section.):
a
Low-income
families who are rental tenants in the program
3.7. Types and Level of Assistance (Describe the types and the level of assistance that will be provided to
each household, as applicable.):
a
The majority
of the maintenance staff have over 20 years of experience working with the current housing
stock in making routine maintenance and repairing tenant damage to units. Work orders include,
plumbing issues, electrical repair, and HVAC, repairs are completed in a timely manner. Maintenance
staff are on call during the week and on weekends.
3.8. APR: Describe the accomplishments for the APR in the 12-month program year.
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3.9: Planned and Actual Outputs for 12-Month Program Year
Planned Number of Units to be
Completed in Year Under this Program
Planned Number Planned Number of Acres To Be
of Households To Purchased in Year Under this Program
Be Served in Year
Under this
Program
374
APR: Actual Number of Units Completed APR: Actual
Number of
in Program Year
Households
Served in
Program Year
APR: Actual Number of Acres Purchased
in Program Year
3.10: APR: If the program is behind schedule, explain why. (24 CFR § 1000.512(b)(2))
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6.1. Program Name and Unique
Identifier:
Operating CAS - 2017-00X
6.2. Program Description (This should be the description of the planned program.):
a
This program
is designed to implement and maintain systems which ensure sound fiscal
management, human resources management, planning and development of maintenance
programs, and staff for services supported by accountants. Funds support the cost of the
maintenance of office and warehouse, associated untiily costs, insurance, work order system,
inventory control, tracking cost and purchasing of supplies and materials. This program also
services maintenance equipment, contracting for equipment/vechicle maintenance, staff
training , pest control, and preventive maintenance actvitieies.
The increase of housing units is now at 366 and at least another 12 units coming on line next
year. An efficient inventory control system needs to be implemented in 2017 to track unit
costs and supplies used for maintenance, rehabilitation, and development programs.
6.3. Eligible Activity Number (Select one activity from the Eligible Activity list. Do not combine
homeownership and rental housing in one activity, so that when housing units are reported in
the APR they are correctly identified as homeownership or rental.):
2
6.4. Intended Outcome Number (Select one outcome from the Outcome list. E ach program
can have only one outcome. If more than one outcome applies, create a separate
program for each outcome.):
3
Describe Other Intended Outcome (Only if you selected "Other" above.):
6.5. Actual Outcome Number (In the APR identify the actual outcome from the Outcome list.):
Describe Other Actual Outcome (Only if you selected "Other" above.):
6.6. Who Will Be Assisted (Describe the types of households that will be assisted under the program.
Please note: assistance made available to families whose incomes fall within 80 to 100 percent of the median
should be included as a separate program within this section.):
a
Low-moderate
income families participating in the housing programs..
6.7. Types and Level of Assistance (Describe the types and the level of assistance that will be provided to
each household, as applicable.):
a and level of assistance includes; administration, management functions such as accounting,
The types
work orders, procurement and repair of vacant units. Elder assistaance includes commnity space
maintenance, lawn care and snow removal.
6.8. APR: Describe the accomplishments for the APR in the 12-month program year.
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6.9: Planned and Actual Outputs for 12-Month Program Year
Planned Number of Units to be
Completed in Year Under this Program
Planned Number Planned Number of Acres To Be
of Households To Purchased in Year Under this Program
Be Served in Year
Under this
Program
374
APR: Actual Number of Units Completed APR: Actual
Number of
in Program Year
Households
Served in
Program Year
APR: Actual Number of Acres Purchased
in Program Year
6.10: APR: If the program is behind schedule, explain why. (24 CFR § 1000.512(b)(2))
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4.1. Program Name and Unique
Identifier:
Development - 2017-100
4.2. Program Description (This should be the description of the planned program.):
a
The Development
program will plan, design, and develop bidding documents for the
construction of 12 -14 rental Elder Cottages to be located in the Elder Village lot sites with
existing infrastructue provided by previous ICDBG funds. This will be a phased development
project to begin design and planning elements in July, 2016, design and specification
documents to be completed in December 2016, and bids to be let out in March 2017,
Contract awards are to take place by the last week of April 2017 and site construction to
take place in May, 2017. Completions of the project is anticipated to be in April, 2018. Extra
effort in bid notices will be used to obtain competitive bids which will result in building more
units.
The Elder Cottage design will be approximatley 800 sq. ft. with a attached 1 car garage and
modest landscaping. Design elements will include "green construction", low maintenance
materials, energy efficient insulation, radiant heat, AC and south orientated lot placement
to obtain solar gain. These elder units will be desiged to meet wheel chair accessibility due
to the tenant population. The design and construction elements will focus on energy
efficiencey to reduce utility cost for the tenants while providing a safe and healthy residence
for the elder population. The design and construction methods will focus on energy
efficiency to reduce utility cost while providing a safe and healthy residence for our elder
population where they can age in place.
4.3. Eligible Activity Number (Select one activity from the Eligible Activity list. Do not combine
homeownership and rental housing in one activity, so that when housing units are reported in
the APR they are correctly identified as homeownership or rental.):
4
4.4. Intended Outcome Number (Select one outcome from the Outcome list. E ach program
can have only one outcome. If more than one outcome applies, create a separate
program for each outcome.):
5
Describe Other Intended Outcome (Only if you selected "Other" above.):
4.5. Actual Outcome Number (In the APR identify the actual outcome from the Outcome list.):
Describe Other Actual Outcome (Only if you selected "Other" above.):
4.6. Who Will Be Assisted (Describe the types of households that will be assisted under the program.
Please note: assistance made available to families whose incomes fall within 80 to 100 percent of the median
should be included as a separate program within this section.):
17
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a
Low-income
elder families in need of 2 bedroom units for health care reasons or a caregiver to live in
place.
4.7. Types and Level of Assistance (Describe the types and the level of assistance that will be provided to
each household, as applicable.):
a
Low -income
elder families will recieve a low maintenance energy efficinet unit that is wheelchair
accessable. Maintenance assistance will be provided by OHA staff for grass cutting and snow removal.
The elder cottages will beof quality construction that is affordable, energy efficient, and equipped with
Energy Star appliances to keep utility cost lower.
4.8. APR: Describe the accomplishments for the APR in the 12-month program year.
4.9: Planned and Actual Outputs for 12-Month Program Year
Planned Number of Units to be
Completed in Year Under this Program
Planned Number Planned Number of Acres To Be
of Households To Purchased in Year Under this Program
Be Served in Year
Under this
Program
12
APR: Actual Number of Units Completed APR: Actual
Number of
in Program Year
Households
Served in
Program Year
APR: Actual Number of Acres Purchased
in Program Year
4.10: APR: If the program is behind schedule, explain why. (24 CFR § 1000.512(b)(2))
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7.1. Program Name and Unique
Identifier:
Development - 2016-100
7.2. Program Description (This should be the description of the planned program.):
a
Development
program for FY 2016 will continue into phase 2 in FY 2017 with the construction
of two 4-plex units in Uskah Village. Due to weather delays in the spring for two months
there were delays in getting the site infrastructure in place at Uskah Village. The 4 plex single
family units will be completed until January 2017.
7.3. Eligible Activity Number (Select one activity from the Eligible Activity list. Do not combine
homeownership and rental housing in one activity, so that when housing units are reported in
the APR they are correctly identified as homeownership or rental.):
4
7.4. Intended Outcome Number (Select one outcome from the Outcome list. E ach program
can have only one outcome. If more than one outcome applies, create a separate
program for each outcome.):
8
Describe Other Intended Outcome (Only if you selected "Other" above.):
7.5. Actual Outcome Number (In the APR identify the actual outcome from the Outcome list.):
Describe Other Actual Outcome (Only if you selected "Other" above.):
7.6. Who Will Be Assisted (Describe the types of households that will be assisted under the program.
Please note: assistance made available to families whose incomes fall within 80 to 100 percent of the median
should be included as a separate program within this section.):
a
Low Income
Single Families
7.7. Types and Level of Assistance (Describe the types and the level of assistance that will be provided to
each household, as applicable.):
a
Low-Income
families will receive a unti that meet the family composition, household needs, and of
moderate sized square footage. Units will be of quality construction that is afforadble, energy efficient,
and equiped with Energy Star appliances.
7.8. APR: Describe the accomplishments for the APR in the 12-month program year.
7.9: Planned and Actual Outputs for 12-Month Program Year
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Planned Number of Units to be
Completed in Year Under this Program
Planned Number Planned Number of Acres To Be
of Households To Purchased in Year Under this Program
Be Served in Year
Under this
Program
8
APR: Actual Number of Units Completed APR: Actual
Number of
in Program Year
Households
Served in
Program Year
APR: Actual Number of Acres Purchased
in Program Year
7.10: APR: If the program is behind schedule, explain why. (24 CFR § 1000.512(b)(2))
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8.1. Program Name and Unique
Identifier:
Development 2016-101
8.2. Program Description (This should be the description of the planned program.):
a
The FY 2016
Acquisition project to purchase 4 homes situated on Tribal Trust land has been a
slow process with only one unit purchased. New marketing elements of the project will be
implemented in 2016 to increase the purchase of homes. The project will be completed or
modified by April 2017 to ensure funding is adequately spend down.
8.3. Eligible Activity Number (Select one activ
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