Pyramid Lake Paiute Tribal Council (2023)

Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

REGULAR MEETING MINUTES

Tribal Chambers ~ Nixon, NV

September 1, 2023

Members Present:

James Phoenix, Tribal Chairman Steven Wadsworth, Vice Chairman

Harriet Brady, Councilmember Judith Davis, Councilmember

Nathan Dunn, Councilmember Edward Ely III, Councilmember

Natalia Gonzales, Councilmember John Guerrero, Councilmember

Della John, Councilmember Genevieve John, Councilmember

Note: This meeting was in-person but zoom conferencing was an option for presenters and audience.

CALL TO ORDER

Chairman Phoenix called the September 1, 2023, Regular Tribal Council meeting of the Pyramid Lake Paiute

Tribal Council to order at 6:00 p.m.

ROLL CALL

Roll call was taken by Brenda A. Henry, Tribal Council Secretary. All Councilmembers were present at roll

call and a quorum was established for this meeting.

APPROVAL OF AGENDA

Chairman Phoenix read the agenda.

Councilmember Davis requested to add to New Business discussion with action regarding the land

assignment across from the Nixon Store that belongs to Natalia Gonzales. Councilmember Gonzales

requested that all departments involved be present to answer any questions, so it is not hearsay.

Councilmember Guerrero requested an Executive Session regarding Personnel to be added at the end of the

agenda.

Councilmember Brady motioned to approve the agenda with the addition of the two items requested.

Councilmember Dunn seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1)

abstention (Gonzales). MOTION PASSED

PUBLIC COMMENT

Pyramid Lake Paiute Tribal Council

September 1, 2023, Regular Tribal Council minutes

Chris Parsons, Pyramid Lake Chief of Police (COP). COP Parsons thanked Tribal Council and the

membership for their support shown since the loss of Officer Francone. It was overwhelming for his

department and the support was needed.

Nicholas Cortez, Tribal Member. Mr. Cortez thanked the COP and the department for all they have been

tasked with during the past week and how much it can affect the community. And to acknowledge the

agencies that did come and help support them. He would like the Chairman or the EMS supervisor to contact

the family members who were denied burning their deceased family members’ homes. It is not a secret they

were denied and hard to understand because you see some buildings being burned. There were three, to his

knowledge, which were denied and told it was not possible. It is sad hearing that because it is a part of their

culture, a tradition that not many people do anymore. It is upsetting to see a burning take place that did not

involve that type of situation under the same kind of pretense.

Karen Shaw, Tribal Member. Ms. Shaw read her statement into record, she has expressed her frustration

and has reached out to Councilmembers and to Chairman Phoenix and was not provided an explanation to

her concerns that she had several weeks ago. She was told by Chairman Phoenix, he would investigate it, but

she has not heard back. This past week has been a difficult one but that has not stopped the burners from

reaching and going out to the playa. There was a death on the reservation, and it could have easily occurred

during the protest on the road and again at the I-80 Smoke shop. It is concerning as a community member;

she has seen firsthand the disrespect and ignorance given to the workers at the Nixon Store. With only one

worker on-hand Wednesday, it was easy to see how frustrating it was for her when the store was flooded

with so many people and to keep an eye on everyone. There was only one person on duty, and she was not

told anyone was not coming in and to top it off there was an RV parked in front of the store and she could not

see the pumps. She stopped in to get gas, but it was total chaos and nerve racking to be there. As the burners

are leaving the members are impacted and it will continue for a couple of weeks. All the years living on the

reservation from the Dead Heads to the Burners, it is the members who are impacted. It was brought to the

Council many times years ago, driving on the road is not safe for the members, there are times you must pull

over to get out of their way. It is a safety issue. At the time there was an opportunity for local members to set

up stands, car washes and collect trash and there were rules they had to follow at that time. They had a

certain amount of time to set up and clean up. Now they see outside people allowed to come in and they

cannot compete with outside vendors. They are here and not impacted by the traffic, and they are allowed to

come in and do that. She understands there are taxes collected but there are some who here who are nonexempt as she was told, they are not collecting anything. Tribal members are allowed to set up for a short

amount of time and she is asking Council for accountability and transparency from them. That is the reason

they were voted in as a Councilmember, it is not to benefit their own self, they are there to look out for

everyone, to ensure the policies are being followed, at all levels. Nobody is exempt from the policies,

ordinances, or Constitution. As a tribal member she thinks they pulled away from that. With the video, it

seemed like it was funny for everyone, but someone could have been seriously hurt or died. Yet they have

not heard anything about their safety as tribal members. It is time to renegotiate with Burning Man and to

look at the impacts it is having on tribal members. She lives along the road (SR447), they must deal with it

too. She would like Council to look at what she said and look at it across the board.

CONSENT AGENDA

Following items were on the Consent Agenda:

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Pyramid Lake Paiute Tribal Council

September 1, 2023, Regular Tribal Council minutes

Approval of Minutes: July 24, 2023, Special NUMU Inc.

Approval Enrollment two (2) Applications Regular Membership with Resolutions

Approval Enrollment one (1) Application Membership-Only Membership with Resolution

Approval Enrollment one (1) Affidavit of Relinquishment (Adult) with Resolution

Approval Quarles July 2023 Invoice #6635618

Approval Silver State Government Relations Invoice #1323

Approval Due Diligence Contract with Big Picture Development Group for Nixon Gym

Renovations.

NOOB WNE

Councilmember Gonzales requested to pull #1 for discussion.

Councilmember Brady requested to pull #4 for discussion.

Vice Chairman Wadsworth requested to pull #5 for discussion.

Councilmember Guerrero requested to pull #7 for discussion.

Councilmember Dunn motioned to approve items #2, 3, & 6 on the consent agenda. Councilmember Guerrero

seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstention. MOTION

PASSED

Item #1. Approval of July 24, 2023, Special NUMU Inc. minutes. Councilmember Gonzales said the title

on the agenda needs to be changed, it says Special NUMU Inc. minutes, but it was a Special meeting where

other items were presented.

Councilmember Dunn motioned to approve the July 24, 2023, Special minutes. Councilmember Brady

seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1) abstention (Dunn).

MOTION PASSED

Item #4. Approval Enrollment one (1) Affidavit of Relinquishment (Adult) with Resolution.

Councilmember Brady said when she reviewed the minutes of June 30*, it said this was tabled twice and a

question on the resolution, it said immediately but, on the form, it states it is not to be relinquished until they

are enrolled so it did not make sense. She had another question on one of the other applicants, if they make

a mistake on the lineage, is it corrected? Councilmember Davis (Enrollment Committee member) responded

that it was corrected.

Councilmember Brady motioned to table the Enrollment for one (1) Affidavit of Relinquishment (Adult)

Resolution. Councilmember Della John seconded the motion. Votes were nine (9) for and zero (0) opposed

with zero (0) abstention. MOTION PASSED

Item #5. Approval Quarles July 2023 Invoice #6635618. Vice Chairman Wadsworth said he did not get

a copy.

Vice Chairman Wadsworth may be the only one who did not get a copy, other Councilmembers had a copy.

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Pyramid Lake Paiute Tribal Council

September 1, 2023, Regular Tribal Council minutes

Councilmember Brady motioned to approve Quarles July 2023 Invoice #6635618. Councilmember Ely

seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1) abstention

(Wadsworth). MOTION PASSED

Items #7. Approval Due Diligence Contract with Big Picture Development Group for Nixon Gym

Renovations. Councilmember Guerrero had an issue with this being sole source and the scope of work. They

are completing an assessment for the scope of work, and he thinks the maintenance department and whoever

works in that department should be completing the scope of work. They have already done the HVAC and

put a lot of money into it along with the front doors, they know what needs to be done instead of paying

somebody for an assessment.

Sherry Ely-Mendes, Programs Officer, said this is a part of the RFP that was sent out to the Reno Gazette

Journal (RGJ) and this company was the only one that came back with a bid. She consulted with the

maintenance department, and they were not clear on what they wanted but noted there were issues with the

sewer system, including the water system which they cannot fix. They can tell her what the problems are,

and she can get this company to come in and scope it out to tell them how much it is going to cost. She did

complete the three-bid procurement process and received no bids but this one. There were people who came

out and looked at it, but nobody bid on it. With this action, it is just over $5,000 and not following policy to

come to Council because it is not over $50,000.

Councilmember Guerrero said with capital improvements they should build on the scope of work to produce

projects and get the cost estimates.

Councilmember Brady said it may not be a requirement to come to Council, but it is to protect her. She

recommends including a copy of the RGJ posting and having the vendors that come out sign an attendance

sheet showing they visited, along with a phone notification then possibly it will not be questioned because

then it shows due diligence.

Ms. Ely-Mendes said they do not have the expertise and both the maintenance department, and the gym

director said there are still issues with the HVAC system. She was not thinking about putting it out to bid

again but will consider calling separate vendors. She has collaborated with these vendors, and they also did

the awning for the quagga mussel station and projects for the housing department.

Councilmember Ely, thinking back from his days working with NDOT, suggested something in writing which

states they cannot or will not provide service at this time which can then be attached to the request.

Councilmember Gonzales asked if it was policy, since she has seen it come before Council before, if there are

no bids, it is noted by writing the company name down on the form, is that acceptable?

Councilmember Genevieve John noted with Mr. Keever’s bid, he put down the names in the sole source and

who he contacted and whether they responded or not.

Councilmember Gonzales asked if they could contact the HVAC company to see if the system is still on

warranty and if they could go with a specific company say for plumbing instead of a general contractor.

Ms. Ely-Mendes said it is an option, but she is not sure if it would be more expensive, but she will follow up.

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Pyramid Lake Paiute Tribal Council

September 1, 2023, Regular Tribal Council minutes

Councilmember Gonzales reminded everyone; the Council did ask that any renovations dealing with this

specific funding had to come back before Council for approval.

Councilmember Ely motioned to table the Due Diligence Contract with Big Picture Development Group and to

provide supporting documents on contractors saying they are unable to provide a bid. Councilmember Dunn

seconded the motion. Votes were eight (8) for and one (1) opposed (Wadsworth) with zero (0)

abstentions. MOTION PASSED

Chairman Phoenix announced the new members of the Pyramid Lake Paiute Tribe: Lyla Oaklynn Shepherd,

Yarmani Beau Varilla, and Lenora Ann Lefthand Lopez.

NEW BUSINESS

1. Request for Approval to Call the 2023 Primary and General Election. Jolyn Sander, Election Board

Ms. Sander asked for Tribal Council to call the 2023 Primary and General Election.

Councilmember Dunn motioned to approve the call for the 2023 Primary and General Election.

Councilmember Gonzales seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1)

abstention (Brady). MOTION PASSED

2. Selection of Law & Order Committee Vacancy (2 vacancies).

There were four applicants for the Law & Order Committee: Anissa Anaya, Ronald Guerrero, Carolyn Harry,

and Charlotte Mann Merrill. The Tribal Council voted by ballot. The votes were: Anissa Anaya five votes,

Ronald Guerrero two votes, Carolyn Harry four votes and Charlotte Mann Merrill four votes. Chairman

Phoenix broke the tie between Ms. Harry and Ms. Merrill. Anissa Anaya and Charlotte Mann Merrill were

chosen to serve on the Law & Order Committee.

3. Selection of Consolidated Higher Education (CHE) Committee Vacancy (1 vacancy).

There were three applicants for the CHE Committee: Janet Davis, Carolyn Harry, and Gaylene Williams. The

Tribal Council voted by ballot. The votes were Janet Davis five votes, Carolyn Harry three votes and Gaylene

Williams one vote. Janet Davis was chosen to serve on the Consolidated Higher Education Committee.

4. Request for Approval Construction Contract with King Construction for the Transit Facility

Parking Lot. Johnnie Garcia, Transportation Planning and Bill Keever, Project Manager for the Transit

Facility Project

Mr. Garcia stated back in 2018, Robert Hicks and Michele Smith submitted the transit grant for $1.5 million

for the transit project. They are now asking for $3.106 million projected to construct the project. He

acknowledged the people who were there when it started: Robert Hicks, Michele Smith, Sherry Ely-Mendes,

tribal departments, the Chairman and Tribal Council. The pieces are now coming together for the

construction and William Keever, project manager, is putting the last pieces of the puzzle together for the

building at the site. He is honored to have played a part in this project.

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September 1, 2023, Regular Tribal Council minutes

Councilmember Ely thanked Mr. Keever for stepping in to assist Mr. Garcia to get the project to where it is

now. It was a challenge during COVID and dealing with the cost of materials almost doubling.

Vice Chairman Wadsworth asked if it had a legal review? Mr. Keever said Wes Williams, legal counsel,

developed the contract and they have been in contact for any potential clarifications needed with the

contractors. The Schell Creek contract was also reviewed and developed by Mr. Williams.

Councilmember Dunn motioned to approve the Contract for King Construction. Councilmember Davis

seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1) abstention (Della John).

MOTION PASSED.

5. Request for Approval Schell Creek Contract for Transit Facility Building. Johnnie Garcia,

Transportation Planning

Mr. Keever explained that King Construction is the civil engineering contractor for the site work, dirt work

of all the underground utilities through finish and paving and the Schell Creek contract is the vertical

construction contractor for the foundation framing through completion.

Councilmember Guerrero asked why they keep going with higher ceilings? The cost for the architects is over

$250,000. They need to get the mission statement for a cost-effective build. to design as a commercial

building instead of a home build. The problem is they cannot pay for the high maintenance on these designs.

Mr. Keever said it is a commercial design project, slab on grade single story. It is a commercial building by

design but for future development, for the A & D design, more input from the Tribe needs to be included in

the design for these buildings. These buildings were designed four years ago, and they are too far down the

line now, but he understands. The Tribe needs a development review committee for these projects.

Councilmember Ely said he understands the issues with the design. When you hire an A & E firm and give

them the green light and an open book, they will design something like the Peppermill, but it may not be what

they can afford.

Councilmember Dunn made a motion to approve the Schell Creek Contract.

Michele Smith, Transit Manager, requested to say a few words to thank Bill Keever, Johnnie Garcia, the

Council who were with them since the beginning stages and all the grants they had to apply for to get more

funding. They started with $1.5 million, collaborating with architects and engineers trying to cut costs as

much as possible since after the pandemic everything doubled in price. They will be the only Tribe in Nevada

to have a Transit facility and are setting the bar for other Transit facilities.

Councilmember Davis seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1)

abstention (Guerrero). MOTION PASSED.

6. Request for Approval Tribal Right-of-Way Resolution. Johnnie Garcia, Transportation Planning

Mr. Garcia said this right-of-way is an addition to the parking lot right-of-way which is funded by BIA. As they

progressed, he found out they could also construct the building with BIA funds. This would be for the

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September 1, 2023, Regular Tribal Council minutes

footprint of the administration building and the bus barn, it is smaller but completes the boundary for the

whole right-of-way.

Councilmember Brady motioned to approve the Tribal Right of Way Resolution. Councilmember Dunn

seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION

PASSED.

7. Request for Approval Tribal Court Contracts. Mekala Montoya, Tribal Court Administrator & Aaron

Mouritsen

a. Aaron Mouritsen, ESQ

Ms. Montoya introduced Aaron Mouritsen, Chief Judge, in attendance with her. An update for Council, she

distributed the RFPs for the Chief Judge position, and they did not receive any responses except from Judge

Mouritsen for the Chief Judge position. She posted the RFPs again with a closing date until filled and left the

expiration date blank. The postings were sent to UNR, NV Legal Services, to the advocates and surrounding

Tribes.

Councilmember Dunn motioned to approve the Contract for Aaron Mouritsen, ESQ.

Councilmember Davis said to be fair to the applicant they need to set a limit on the date because it is open

ended.

Councilmember Guerrero said they do have the assessment with BIA coming up and he would like to make a

motion to table.

Judge Mouritsen said he is looking forward to the assessment, it was delayed because of COVID. The last time

he spoke to BIA it was about discussions for potential grants to work on the courthouse as well as other

opportunities for the court.

Councilmember Ely said they extended this before and wanted to know what was the deadline for that one?

It was confirmed that the deadline is September 2"4.

Vice Chairman Wadsworth recommended extending the contracts until December 31, 2023.

Councilmember Dunn amended his motion to approve the Contract for Aaron Mouritsen, ESQ until December

31, 2023. Councilmember Genevieve John seconded the motion. Votes were seven (7) for and two (2)

opposed (Gonzales, Guerrero) with zero (0) abstentions. MOTION PASSED.

Councilmember Gonzales said opposed because they should table until after the BIA assessment.

b. Ryan Bellows.

Ms. Montoya said for this position they had no applicants. Judge Bellows said if they did get applicants, he

would step down but will stay to fill the position if needed. He did not reapply for the position.

Councilmember Genevieve John motioned to approve the Contract for Ryan Bellows until December 31, 2023.

Councilmember Dunn seconded the motion. Votes were five (5) for and two (2) opposed (Ely, Guerrero)

with two (2) abstentions (Brady, Gonzales). MOTION PASSED.

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September 1, 2023, Regular Tribal Council minutes

8. Discussion and/or Action Land Assignment - Natalia Gonzales.

Councilmember Gonzales stepped down from her Council seat to address the Council.

Richard Frazier, Tribal Land Manager, provided an aerial map of the land assignment in question which was

the one ¥% acre existing assignment belonging to Natalia Gonzales located across the highway from the Nixon

Store where a car wash was being erected. This assignment was originally approved for Natalia Gonzales two

years ago. His involvement with the assignment was to see what was in and out of the boundaries. The map

was a drone picture of the existing area and not the extended area that is currently posted. They are only

discussing the area that was approved. He walked the grounds of the assignment for the one % acres and

provided GPS for the corners while the construction of the car wash was going on. As noted on the map, the

southern boundary fell in the middle of a tent that was erected on the property. The corners were already

designated on the site, and this is not something he just did, the boundaries were already set. Another corner

fell on a bunch of sand that was moved into place. There is also a waterline that runs parallel to the boundary

line near the highway and there is a hydrant that sits close to the highway. He spoke to the individuals that

were on-site and explained to them what was out of bounds. They said if anything needed to be moved

inbound, they would but he had not been to the site and is not sure if they moved anything. They were also

provided with a copy of the map. His only concern from his department is the land portion, if there are any

other concerns from other departments, he does not know what their issues are. He assumes Ms. Gonzales

coordinated with all the other departments prior to starting this construction, which would have been the

process. While he was on-site, there were five or six big water tanks delivered to the east side, and they were

well out of the boundary. He is sure they are still there because he was told they did not have the means to

move them, they were just brought in and dropped off. He is only concerned with the approved assignment

that is there, the outside area is not approved yet and will not be coming to Council for approval until midmonth.

Councilmember Brady asked if permission was given to clear the land to put up the buildings/tents.

Mr. Frazier said the Land and Resources Committee does not give permissions; it is up to the individual. They

seek out someone or a department to clear the brush on their assignment. Once they are approved that is

when their improvement period starts and it is up to them, as the land assignment holder.

Councilmember Ely asked if the disturbed area outside the 1.5 acres is approved yet? If it has not been

approved yet, it is still tribal land? Mr. Richards responded it has not been to Council yet.

Councilmember Brady stated she assumed there was no business plan approved for the outside area, asking

if they are bringing in water, where is it coming from?

Mr. Frazier said there was a plan submitted for the extended area around this assignment but that is not the

concern with the approved assignment since that plan does not apply to the current assignment. The reason

he went out there was because he was getting phone calls and emails for the past two weeks about the

assignment, so he felt he needed to follow-up. He would normally go out and do the perimeters after

assignments were approved but for this one that was done awhile back.

Ms. Gonzales said she is the land assignment assignee, and she has been in constant contact with Richard

Frazier, but he has been on leave, so it has been intermittent with checking in and letting him know the status

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Pyramid Lake Paiute Tribal Council

September 1, 2023, Regular Tribal Council minutes

of the project and collaborating. She wishes she were prepared because she did not know this subject would

be on the agenda. She showed the original resolution and stated there was a confusion with it being a site

and not an assignment. In collaboration with Mr. Frazier within the last couple of months, he did go out there

the previous week and looked at different points. There is a surveying stick that is there that did not correlate

with the site but this map would have been nice at the beginning. That was the confusion. She has been in

contact with Mr. Frazier and the different departments collaborating with them addressing any concerns she

heard. She knows there have been rumors out in the public, but she did not have control over it. She followed

the process that is in place. The points that are on the map she did not have and if they went out there now

there are stakes. They have walked the area every couple of days trying to make sure things are in the right

spot. She agrees the survey stakes that were out there do not match up. They said they will move everything

that is suggested they move. The area looks different from when you are standing there. She followed the

process that was in place, and she checked with the different departments and there were no issues, she did

not receive any formal written complaints. That is why she would prefer to have the departments present

now than to have hearsay, she would like them here to address and answer any questions. It is stressful to

see the posts and unfortunately, Council does not see the things that go on in the background, the

collaboration that is happening, the process that is being followed. She thought the point of having an

assignment was to improve it and that is what she is trying to do.

Vice Chairman Wadsworth said his concern with the resolution handed out by Ms. Gonzales is that it says

existing site, with existing assignment around it, what is that?

Mr. Frazier said there is no other assignment there, it was a mistake.

Vice Chairman Wadsworth said it has nothing to do with the assignment, the area does look better; his

problem is everything outside the boundary, there are people, equipment there, which is technically on tribal

land, itis tribal responsibility. If anything happens outside of her assignment, it is the Council’s responsibility

if anyone gets hurt by the machines there. That is what upsets him because the people there are trespassing

on tribal land, if they move back onto her assignment, it would be ok, but they have already developed the

land and she did not have permission to do anything outside of her land assignment.

Ms. Gonzales said it would have been nice to have maps in place because she has walked the area multiple

times and the stakes were questionable, it was not clear. With the clearer map, they walked it again and were

able to place stakes and they are moving everything within. With the extension part, she followed the process

and has been collaborating with Mr. Frazier, it is not that she is trying to hide anything, she did everything

that was asked and followed the process.

Vice Chairman Wadsworth could not understand, even with the jagged lines, it obviously was nota rectangle,

and he cannot see how she was confused with the straight line being curved.

Ms. Gonzales said that was the original resolution that was passed for the assignment.

Councilmember Guerrero said back in the day when they used to do the assignments the lines were drawn

in.

Mr. Frazier said the boundary that they are seeing underneath in red, there was no original map submitted

with her grandmother’s assignment, it was drawn the first time, but it is not real.

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Pyramid Lake Paiute Tribal Council

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Councilmember Ely said he thinks Ms. Gonzales missed a step in the process when she went out of bounds.

She was to go through the Land and Resources Committee, get the recommendation to extend the

boundaries, goes to Council for approval and once Council approves it, then she can go to the Land Manager

and stake the corners of the extension of this assignment. He does not think she did that.

Ms. Gonzales corrected Councilmember Ely in the process. She submitted a land assignment application after

inquiring with the Land Manager about the extension and it was approved by him to be posted for 20 days

for comment. It was approved by the Land and Resource Committee at the last month’s meeting. There was

a question regarding the old dirt roads, and it was addressed. It went through the approval process for

recommendation to the Council for the September 15th meeting. Obviously, the survey stakes that are out

there are incorrect, but she does not know what to do about it because you are not supposed to remove them.

Councilmember Davis said she sees what is being said that it was moved but no matter how you look at the

1.5 acres, there was too much cleared on the boundaries which is her concern, and she agrees with Vice

Chairman Wadsworth, they are trespassing on tribal land. When Ms. Gonzales applied for the land

assignment, she should have known where her corners were, and should have gone to the Land and

Resources. She had the assignment since 2021 and should have known where the stakes were at that time

and not wait until all this occurs then say you did not know.

Ms. Gonzales said she did not have the coordinates, but she knows where there are stakes and it was never

said it was the wrong stake or they needed to take out the stake. She wished they had the maps because they

have walked the area numerous times, looking it over and it looks different now because of the sage brush

removed. She agrees the maps are great for new land assignments and appreciates Mr. Frazier for getting the

map done so they can be on the same page.

Mr. Frazier said he met with Ms. Gonzales the previous Friday at the site before everything moved in and

explained to her to keep the construction units within the boundaries but when the other people came in,

they parked anywhere.

Ms. Gonzales said those trucks were moved within the boundary, but there are no stakes in the back, they

were trying to figure it out using the old resolution to have it staked. There is no problem now that they have

the maps, they do not have any issues moving equipment back into the boundary if they need to.

Councilmember Guerrero wished they had the old assignment from Copeland because it used to be a hand

drawn map.

Mr. Frazier agreed, from the hand drawn map is what he used create the map given to everyone.

Councilmember Guerrero said there were different property lines for that assignment and now they are

trying to rectify or trying to fix that assignment. He did not understand why Mervin (Wright?), with those

hand drawn assignments came in and chopped them, he does not think they are correct, but it is what they

go by now. There are maps from old assignments that are hand drawn and those should be the official ones.

Mr. Frazier said the original hand drawn map for Elmira Copeland that was submitted was not for 1.5 acres,

it was for four acres.

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Councilmember Guerrero said they should go back and look at the minutes and see why a change in the

assignment was there but the one thing that he can think of is the dirt road on the south end.

Mr. Frazier said she was only approved for 1.5 acres from the original assignment.

Councilmember Davis read the Regular Tribal Council April 3, 1987, minutes, page five, Elmira Copeland -

Elmira applied for land that would stretch from the Dunn access road to the Nixon bridge on the east of State

Route 447. Committee Chairman John informed the Council that Elmira Copeland agreed to stay off the utility

lines, a lot of the land was condensed to the boundaries as follows: south boundary Art Dunn access road,

west boundary parallels to State Route 447 off the right side of their right of way, east boundary fence line,

north boundary south line to the senior citizens building just the flat area of 1.1- and one-half acres. The

committee recommended approval for the application as condensed from her original request from the

approval of four acres. Motion was made to approve the land assignment application of Elmira Copeland

within the boundaries as stated by the committee. Motion seconded six for, three opposed. Resolution PL 30-

87. It was not for four acres.

Ms. Gonzales said she was not saying it was four acres, there just were not any coordinates on the map.

Jolyn Sander, Land and Resource Committee Chairperson said when Council approved Ms. Gonzales

application from Elmira to her, this is what Council approved. You can look at the old assignment from Elmira

but since there has been another resolution for Ms. Gonzales.

From the audience a question was asked if an environmental assessment was done.

Councilmember Guerrero stated an environmental assessment is only done with grant funding projects and

follow the policies for EAs.

Councilmember Ely said he does not have a discrepancy with the 1.5 acres but referring to what

Councilmember Guerrero commented about, they need to follow the process and it was not followed. The

land was cleared in an area that was still going through the process and that is why those points are not

staked out yet because the process was not complete. Councilmember Ely does not have an issue with her in

her assignment, but she is clearly out of bounds, and it is not approved yet. He had an elder person concerned

about coming in and out of his driveway who lives down below, his name is George Dunn. It is your crew,

your workers, your job, your site who pushed dirt all over the dirt road. He asked if Ms. Gonzales was taking

over the whole area and the road. He was concerned about his access. As far as he was concerned, nothing

came to Council and was approved. At that point either he asked, or someone asked them (the workers) if

they could clear the road because they were encroaching on his road to get to his residence. It was one

question Councilmember Ely noted because members asked him if they approved of the project, and

Councilmember Ely told them he would bring it to Council.

Ms. Gonzales responded by saying it has been addressed when questions arise, it is hearsay, and it is

supposed to be a formal complaint or formal letter to Land and Resources to be addressed.

Councilmember Ely said hearsay is irrelevant when an elder says he is not coming up (to Council) and he

Councilmember Ely is on Council and brought it up to him.

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Ms. Gonzales said she has expressed if anything happens to reach out and let her know. The morning they

were there, the Burning Man Bizarre was putting up their big sign and drilling in their wood posts and you

could not even see. She stressed to them there are residents who come in and out through the access road

and there needs to be clear eyesight. She was told you can see through it, and she told them it is unsafe, but

nobody addressed it. The signs are still laying out there and she does not think they were approved. Back to

her assignment, there are no stakes existing there other than the one that was put there recently. And there

are no coordinates on the original resolution. Again, there are no issues about moving their equipment and

they can replant the area that was disturbed and be reclaimed to whatever standard it was before. All the

departments were addressed, environmental was addressed and they said they do not regulate personal land

assignments, so the assessment was not needed. Environmental does not go onto personal assignments

unless federal funds are used, or the Tribe is doing the work. She was also referred to the Tribal Historical

Preservation Office (THPO), but they do not go onto land assignments unless there are federal funds or unless

they are invited to go there. Regarding the rumors she has heard, she has talked to the departments but she

wishes they were here so they can tell Council themselves because it is important to have the departments

there also.

Councilmember Dunn said several Councilmembers are asking for action, what kind of action? And for Mr.

Frazier what in this action would happen in the past if someone went out of their boundary lines? Nothing is

in place.

Councilmember Davis wanted to make a comment as a follow-up to what Councilmember Ely said regarding

George Dunn. She does not think the elders have to make a written complaint because nobody should have

cleared that land, and all the dirt to his road. Nobody had a right to do that, so why should an elder have to

jump through hoops to get a complaint written. Secondly, looking at the picture/map that was provided to

the Council, to her it looks like there is a pile of junk down at the bottom in the corner. Is that trash or what

was moved there?

Ms. Gonzales said it was metal that was going to be cut up in place and taken away. There is a post that says

tribal maintenance was doing this, but these items will be hauled out and this area will be reclaimed.

Councilmember Davis said that addressed her second question but to her the people there are trespassing.

There are trash signs at every entrance to the reservation, why are they not imposing it? If they have the

boundary now, they can move inside of it. Give them 48 hours, 24 hours, or eight hours to move everything

on the inside and whatever is outside the boundary belongs to the Tribe.

Ms. Gonzales said they can do that and asked Mr. Frazier if he can come and stake the corners so it can be

accurate and remove the other survey stakes that are there.

Chairman Phoenix said it could be done on Monday, but Councilmember Davis said it could be done on

Saturday since these people are trespassing. It was mentioned that Mr. Frazier is currently on leave.

Ms. Gonzales said they can start moving and get with Mr. Frazier on Tuesday of next week to start staking it

out. Mr. Frazier said he has the coordinates marked and knows where they are.

Karen Shaw, in the audience, said her concern is the access they made when they hauled in rock and sand,

you cannot just make an access road, it must go through NDOT, has it been cleared through NDOT?

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From the audience, an unidentified person said it was previously there.

Councilmember Ely asked about the documentation and complaints be put in writing, does Ms. Gonzales have

documentation from environmental that no assessment was needed? Is there documentation from NDOT

that says it is an approved approach that it was already there? NDOT will respond whether it is an approved

or not approved approach.

Ms. Gonzales said when the store was approved or when the access roads were there, they were for in and

out. There is a pipe there for drainage. It has been there and was never an issue when the store was there.

She was not there personally when the NDOT employee came out, but he just said everything was good as

long as they do not put access within ten feet, for their clearance to remain open. There was another

employee that came and said there was a complaint about the buses not being able to see, they laughed at it

and said they had to move the rock back a foot, but she was not present when they came out.

Councilmember Ely said he remembers the approaches, the one that is more south is the original approach

but the one there now is the one that has been moved up. He hoped she would have gotten documentation

because they will give it milepost coordinates, legal descriptions if they are requested, so he is not sure if it

is an approved approach.

Ms. Gonzales said she was told those access points were already there and because there is a big dip that is

the reason people do not use it so much.

Vice Chairman Wadsworth asked the Land and Resource Committee at what meeting was the land

assignment, the one that has not been approved yet, talked about.

Ms. Sander said it was the previous Tuesday at which point it had already been posted for 20 days. The land

assignment request was posted on August 2"4, the end date was August 21st and the Land and Resources

meeting was on August 224,

Vice Chairman Wadsworth thanked Ms. Sander for the clarification and said he thinks they received plenty

of discussion that Ms. Gonzales is going to put everything back into the land assignment, but his issue is that

she had known since August 2" that she did not have the land assignment to the road because that is what

was posted; she knew before they started construction.

Ms. Gonzales said they discussed with Mr. Frazier that people drive on and off the road, it was not on purpose

to put it there because the aerial view is different from where you look at it from the bottom. If you were

walking it from the bottom and you do not have the coordinates, it was just eyesight and Mr. Frazier was

there and saw where the tents were.

Vice Chairman Wadsworth said even eyesight from the map that was posted, you can tell you do not have the

land assignment to the road because that is what you were asking for and that is the problem he has because

again on August 2™4 when it was posted, she knew she didn’t have the rights to the land.

Ms. Gonzales denied this was not a part of it, she did not put any structures, and it was not staked.

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Vice Chairman Wadsworth said it is on the map that was posted, and she authorized to clear the land with

no permission. He looked through the policies and procedures and unfortunately with a lot of the Tribe’s

policies and procedures, they have no repercussions for something like this and it has not happened before.

Ms. Gonzales said if you look around, it is happening but not on purpose, they just do not realize it. If they are

talking about policies and procedures in place, they just violated them because complaints are supposed to

be going to the Land and Resources committee.

Ms. Sander said she was getting phone calls when everything started going up. If the question was that it was

not approved, she told them it was going before Council. The committee is recommending approval. She

talked to the Chairman about it the previous week, but she has not been to the site to look at it because it is

beyond the committees point because they have not made the recommendation to Council yet. She does

disagree that concerns regarding the land boundaries and road, if there are issues and she does not know

how to put it in writing, she is going to call one of the Councilmembers and say, this does not seem right over

there, what do you know about it? She is going to call anyone of them and tell them this is her concern. In her

opinion, she does not think it has to be in writing.

Councilmember Dunn stated they as members or leadership need to make sure they are educated and know

where to send tribal members to be resourceful, they just cannot take their word.

Ms. Gonzales said she agrees with collaboration, with touching base with everyone. When Councilmember

Davis talked about George Dunn, that is not what she wanted, they discussed about making sure the area was

nice and she did see the bizarre mess up their area and wanted to clear it and make sure it was graded and

good for him and there were no issues. She does not want to burden anyone else. Just having communication

and touching base, with the rumors out there, touching base with those people and letting them know. Having

communication, coming to her, and letting her know what is going on, they can walk it with no issues.

Ms. Sander said with this assignment she can see where environmental or THPO would not do an assessment

because it’s a tribal assignment, but this is a business assignment, correct?

Betty Aleck, THPO said when she talked to Ms. Gonzales who said she owned the land and thought she owns

everything but later she found out she did not own where she graded below which is tribal land. Yes, they

would have liked to have walked out there to see if there was anything there. As far as the business she needs

to know from someone if it is a commercial parcel versus a residential. For residential, they do not go out

and watch someone dig a post hole or a ditch. They do go out when it is funded by the National Resources

Conservation District (NRCD) or the Indian Health Service (IHS) for a septic tank or other agency coming in.

For residential land, as far as the environment, they would have a concern about where the water is coming

from and where is it going to drain. Isn’t there a ditch below? Is the water going into the irrigation ditch

below?

Ms. Gonzales said it was addressed with the PUD, she did not want to use the community water, it is a bad

resource to use; it is the people’s drinking water. All the water was tanked in, the rock was in specialized

areas where the wash would be. There is no drainage that will be going down the hill, the water will be

maintained and that is why the ground was upgraded.

Ms. Sander asked about the pipelines, are they used for water drainage.

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Pyramid Lake Paiute Tribal Council

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Ms. Gonzales said those are water supply lines on the west side of the canopy.

Ms. Sander asked with all the people on-site if they had a contractor working there and where do they come

from.

Ms. Gonzales said it is individuals who have volunteered to work from a church group her grandmother

worked with. It first started about five years ago when she first met them. The goal is to provide them with

work and give them something to work towards and to improve the area. They are just thankful to be in

contact and to thank people with the Burning Man community being so big and to wish them one their way

and safe travels. There is one guy from Oklahoma that specializes in carpentry. They volunteer their time.

There are a lot of different traits, and the church community is supportive, and they work together. They

have been staying at the Marina for the past week or two.

Ms. Sander’s next question was regarding the name on the VAN for this group. Are these all parolees that are

in this program that have been brought out here? This is a concern.

Ms. Gonzales said not everyone is, there is a mixture of people helping to give them guidance and second

chances, there are people from different ministries that are there to support.

Ms. Sander said she is all for rehabilitation, but her concern is if these individuals are from a halfway house,

what are their convictions.

An unidentified person from the audience said they must meet certain qualifications and there are certain

restrictions and guidelines they follow.

It was mentioned the vendors at the bizarre were also brought up, were they vetted, but that is a question

for the Business Officer, Benjamin John.

Councilmember Davis said those do go through the Business Office, but this is her land assignment, and she

should know who the people are. Councilmember Davis asked the Chairman if he knew about his group?

Chairman Phoenix said he did not know about the group but he knew there was going to be construction but

that was it.

Councilmember Brady asked what everyone wants to know, are there any sex offenders in the group?

Ms. Gonzales said personally she did not know who all in their group was, and asked if all the Burning Man

vendors are questioned like this (about the legal backgrounds).

Councilmember Davis said regarding the group, now that it is at Council level and they know about it, should

something happen to any one of them, they are liable.

Councilmember Dunn asked if they should do background checks for all the people coming in, should they

do that for all Burning Man too?

Councilmember Davis said they need to make somebody responsible.

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Ms. Gonzales said she is the one responsible but asked will that be placed in the policies going forward? Will

tribal members that have someone from the outside working for them or has a business on their assignment

and are those assignments put as commercial or residential?

Mr. Frazier said in response to Ms. Aleck’s question on commercial or residential, there is a class A land use

plan in place. Residential is for homes and home sites, like the subdivisions, your scattered sites, these are

homes within their assignments. Commercial property is projected for businesses on the reservation which

this assignment falls into. It would be treated as a business assignment.

Vice Chairman Wadsworth asked if Council wanted to make a motion for Ms. Gonzales to get her group and

everything back onto her land assignment then it will be her problem. He will make that motion.

Councilmember Ely said they are not done with the discussion because he has another question that was

brought to him. Can this member use an assignment to sublease to an outside franchise? Chick Fil-A and there

is now a person who wants to bring in waste management.

Mr. Frazier said if there are any subleases, the decision comes from Council.

Ms. Gonzales said that is another of the rumors that is out there. There is no sublease, the Chick Fil-A was

through the business office, went through the enterprises but they did not contact them, and they reached

out to her for a space to rent.

Councilmember Davis said she heard about that but did not see it. She asked for Councilmember Della John

to assist her memory, it was 2016 or 2017, all of the vendors at that time who were working during Burning

Man, there was a start date, an end date and you had to be an enrolled tribal member and if you were a food

vendor, they had to have a food handlers card. For trash, they had to have an approved container, and if you

are collecting trash, they had to be X amount of feet from a food vendor. There were things put in place and

only tribal members were allowed to be vendors at that time and she does not think it changed.

Councilmember Della John said they did it because the tribal members were feuding with each other and

they said shut them all down and punish them, but they said, “why punish everyone for only two people?”

So, they put rules in place. IHS helped them out to train people and that was the result of it.

Chairman Phoenix said he will get with the Business Officer about this and get answers to the questions

because he is the one who approves the vendors for Burning Man.

Councilmember Brady said she has been approached as well and is curious what they are doing with their

trash?

Ms. Gonzales said the trash stays clean and is hauled off, which is normal and should be happening. Ms.

Gonzales’ group have cleaned up trash that came over from the other side of the road from the bizarre.

Councilmember Davis said in the resolution it states the rules and it is your responsibility to get your own

bins for your trash.

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Janet Davis, in the audience, said they have been dumping in the lake maintenance dumpsters, they need to

pay the cost of dumping those dumpsters because it does cost lake operations for them to dump, and all 3-4

bins were filled by her group.

Chairman Phoenix said there was good discussion and most of the questions were answered. He will follow

up with the Business Office on the resolution and find out about the business licenses and the trash along

with lake operations.

Vice Chairman Wadsworth motioned for Ms. Gonzales to have her group move all their materials, tents, and

everything else within her land assignment. Councilmember Genevieve John seconded the motion.

Councilmember Davis agrees with the motion but would like a time added to it.

Vice Chairman Wadsworth amended his motion to add within 24 hours.

Ms. Gonzales asked if Mr. Frazier would be available to stake it out. She was told she has the photo, but she

said it is not staked out. There is only one stake there and she wants them to all be on the same page where

Mr. Frazier can have it staked. There is only one stake and that is the problem, and the other stake is not the

survey stake.

Councilmember Genevieve John said to Ms. Gonzales she can see how far they are out by the picture to be

within that and her boundary.

Vice Chairman Wadsworth said nobody there is going to fault her for making her best effort.

Councilmember Genevieve John seconded the motion. Votes were eight (8) for and zero (0) opposed with

zero (0) abstentions. MOTION PASSED.

Councilmember Davis motioned that after 24 hours any materials left outside Natalia Gonzales assignment be

tagged by the Police Department and become the property of the Tribe because the Tribe is responsible for all

property outside of her assignment, and they are to clear the old trailer residue that was burned and left in the

back area. Councilmember Dunn seconded the motion. Votes were eight (8) for and zero (0) opposed with

zero (0) abstentions. MOTION PASSED.

The timeline starts now and ends at 8:21 p.m. Saturday.

Councilmember Guerrero had an issue with the clean-up, they had people staying at the lake and the Tribe

cleaned it up. They need to enforce it across the board.

Councilmember Brady said she agrees but it looks worse when a Tribal Councilmember is getting away with

it.

Councilmember Ely said he had a question that went back to a public comment when one of the persons

asked him about EMS burning the trailers, but they would not burn other trailers. Did she pay for that to

happen?

Ms. Gonzales said she reached out to EMS stating she was looking to get those properties burned because

they were unsafe and asked them if they could be used as training to burn. She knows personally about other

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Pyramid Lake Paiute Tribal Council

September 1, 2023, Regular Tribal Council minutes

people who had houses burned, it depends on the situation. She was told they had to assess that it was safe

and were able to do it. She cannot account for anybody else’s inquiries about it.

Councilmember Ely asked if she asked in writing?

Ms. Gonzales said she did and followed up with a phone call on how to go about it.

A question from the audience asked if that would be available to all tribal members now.

Chairman Phoenix said according to Don Pelt, it has been open, but they will assess to see if it can be done.

CHAIRMANS REPORT - Chairman Phoenix

1. Approval Secretarial Election Withdrawal Letter with Resolution.

Chairman Phoenix said this is for the withdrawal of the Tribe’s Secretarial Election. They want to withdraw

because of the timeline between now and the Tribal Primary and General Election will interfere with each

other. They plan to start again in January, so they have plenty of time to host and complete the election. This

will also allow the Election Committee to update their ordinances before next November/December.

Leona Collins, Committee member said she made a comment about the election ordinance being updated to

cover what might be approved through the Secretarial Election. If the election does not go through, then they

would have to go back and undo what was done. Seems like it would make more sense for the election to take

place to see if it passes and then update the ordinance.

Ms. Sander said it would not get approved, what the Chairman is requesting is that it be ready for the election

when they do have the election. If those things pass, then it will be ready to go to Council for posting and

follow the regular process.

Councilmember Davis said for clarification he is asking for it to be ready, they would still have the primary

but if the Secretarial Election went through and it passed to open to all tribal members, that primary would

be invalid because not everybody got to vote. This is where the conflict would be.

Ms. Sander said it would also be confusing for members if they did a Secretarial Election around the same

time as the Tribal primary and general elections.

Ms. Collins said they cannot even get people registered to vote in the primary and general elections and they

would have to push to get people registered for that election plus getting people registered for the Secretarial

Election.

Councilmember Davis asked de-net if they usually just rescind a resolution?

Vice Chairman said he thinks it was BIA’s recommendation to put it in a new resolution.

Councilmember Davis motioned to rescind Resolution No.: PL 073-23-3, Secretary of the Interior Secretarial

Election Amended. Councilmember Della John seconded the motion. Votes were seven (7) for and zero (0)

opposed with zero (0) abstentions. MOTION PASSED.

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There were questions on the resolution because it was already filled in and redlined. It was explained the

redline was there for Council to see the amended verbiage.

Councilmember Guerrero motioned to approve the Chairman to sign the letter to BIA for the withdrawal of the

Secretarial Election and to approve the Secretarial Election Withdrawal resolution. Councilmember Davis

seconded the motion. Votes were five (5) for and one (1) opposed (Genevieve John) with one (1) abstention

(Della John). MOTION PASSED.

Councilmember Genevieve John opposed it because as a Tribe they have the authority to rescind resolutions

without having to enact another one to say they rescinded it. That is redundant to her and if BIA is

recommending it, that does not mean they have to follow their recommendation.

Ms. Sander said the reason for the resolution was because it was her understanding from the meetings with

them that once it is in place, they cannot stop that so even though the Tribe is saying they want to wait until

later down the road, once BIA approves it, that process starts. That is the reason they had to do it witha

resolution to start that process.

Councilmember Genevieve John said the Tribe has rescinded them before and BIA has not continued when

the Tribe rescinds them. Now they are telling the Tribe what they must or not what they have to but what

they are recommending they do with the resolution. To her, it is bureaucrats telling the Tribe what to do.

Ms. Sander said she agrees but was just saying that it was her understanding from the meeting.

Councilmember Brady commented on the Chairman’s report and in reviewing one of the minutes she does

not see anything on the NUMU Inc. on his report and the CEO reported that the Chairman was being sent

reports and financials that were not disseminated to Council. Why is that? They were supposed to be going

to her from what she understood, which is what she brought up before. Why are they communicating with

the Chairman?

Chairman Phoenix said they were coming to the Tribe for the record and originally, he was getting them and

then it went to Councilmember Brady and then it was back and forth. Finally, it was supposed to go to

Councilmember Brady as the Council Ex-Officio.

Councilmember Brady asked why it is not in his reports to Council. As the owners, they were not getting any

information from the Chairman.

Councilmember Ely said according to the CEO he was sending the reports to the Chairman and the Tribal

Secretary, and he was not putting them in his reports to Council. He asked the Chairman and was told he

didn’t receive anything.

Chairman Phoenix said he thought they were keeping them under wraps and not communicating with them.

He did not always get all the reports, it was towards the end when they started getting them. There was

nothing going on for that period because they were not doing anything.

Councilmember Brady said when they looked at the CEO reports, as the owners the question was asked

because it was listed on the CEO’s report. The Chairman is not being transparent with the Tribal Council on

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September 1, 2023, Regular Tribal Council minutes

what he is doing. With the Hardscrabble incident and another incident at the lake where they were not

notified of what was going on. What else is he not telling the Tribal Council?

It was asked to clarify the incident at the lake.

Councilmember Brady said it had to do with the drone and media coming out for the wedding at the lake.

Vice Chairman Wadsworth said the question to be asked is how Council would like the information from

NUMU Inc. to be forwarded to them. He is hearing two ways, from the Chairman or the Ex-officio.

Councilmember Ely said it should be the Board president, who is the Vice Chairman (temporarily) and the

Chairman, which is the separation from Tribal Council.

There was a discussion about the Chairman being asked if he received any reports from NUMU Inc. multiple

times and he said he did not receive anything.

Chairman Phoenix said there was a gap when they were not getting any reports because they were not doing

anything but once they started coming out again that is when they started reporting to the Tribe.

Councilmember Guerrero asked who was on the Board now.

Vice Chairman Wadsworth said Harriet Brady is the Council Ex-officio, Della John, Ed Ely, and himself are on

the Board.

Councilmember Guerrero was asking for a recommendation to remedy the conflict with the Chairman.

Vice Chairman Wadsworth said with the Board they will have to give monthly updates at the Council meeting,

but they will have to be in Executive Session because they will be talking with the lawyers regarding the

litigation.

Councilmember Dunn asked if they will be posting for recruiting?

Councilmember Guerrero said they only have one job and that is to convey that property.

Councilmember Gonzales asked the Tribal Councilmembers on the Board will they be getting stipends?

Vice Chairman Wadsworth said this is being discussed but for the ones that are present they do feel the

stipends are excessive, but they will be discussing it and will have to get a resolution approved at NUMU Inc.

level before anything else goes through. They had a three-hour meeting the Thursday before and there is a

lot of information to go through. Discussion of NUMU ended.

Ms. Collins asked if there was a time period in the Secretarial Election resolution.

Chairman Phoenix said there was not, it was only to withdraw from the Secretarial Election.

Councilmember Davis said it was stated to start early next year, that way they would have a full year to get

it done before the Tribal Elections.

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Ms. Collins asked about her public comment a couple of months back about information about the Secretarial

Election whether there was going to be meetings and correspondence sent out to the membership and she

has not heard anything, what are they planning to do?

Chairman Phoenix said they put it on the website, held meetings which were not as successful and there were

hard copies in the lobby, but they did not mail anything out to the membership.

Ms. Sander said the committee came in after the fact and they did make recommendations to have a

community dinner, do presentations and to discuss how important it was to get the tribal membership on

board. Let them know what is going on and to reach them however they can.

Vice Chairman Wadsworth said with the action they just passed they have something concrete and will have

to continue those discussions with the community.

Ms. Collins reminded them not everyone is technology literate or has access to it, so they need to send a hard

copy to everyone.

Councilmember Brady, after looking at the minutes, said the Chairman was supposed to follow up on the

boundaries of the judges where a former Chairman had to write up the judge and meet with them for

separating the home from a land assignment or overstepping their boundaries. It has fallen under the Tribal

Chairman and not under the administration, the Court personnel fall under the administration but not the

judges. The Chairman was going to follow-up on this.

Regarding the other item for the flyovers, he was going to send a letter to the ITCN Executive Board.

Chairman Phoenix said he did not get to it yet. This was the reason the Tribal Council directed him to write a

letter.

Councilmember Guerrero said without going to Washington DC, another recommendation is for the Council

to take it to the NCAI for a national platform.

Councilmember Brady said the Chairman was supposed to write a letter to get the ITCN Executive Board

with their issue so we can join forces. ITCN is supposed to be a political voice for the Tribes and that is why

they directed him to write a letter.

EXECUTIVE SESSION

Councilmember Dunn motioned to move into Executive Session. Councilmember Genevieve John seconded

the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED.

Tribal Council moved into Executive Session at 9:12 p.m.

Councilmember Dunn motioned to move out of Executive Session. Councilmember Ely seconded the motion.

Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. Tribal Council

moved out of Executive Session at 10:26 p.m.

ADJOURNMENT

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September 1, 2023, Regular Tribal Council minutes

With no further business before the Tribal Council, Councilmember Ely made a motion to adjourn the

meeting. The motion was seconded by Councilmember Dunn. Votes taken were all in favor, motion carried.

The meeting adjourned at 10:17 p.m.

Submitted by,

Finda Henry

Brenda A. Henry

Tribal Council Secretary

CERTIFICATION

The foregoing minutes were adopted by the Pyramid Lake Tribal Council, governing body of the Pyramid

Lake Paiute Tribe, at a meeting duly held on the 3” day of November 2023, having nine (9) members

present, constituting a quorum, by the vote of eight (8) FOR and zero (0) OPPOSED, with zero (0)

ABSTENTIONS.

Minutes attested and concurred by: L |

James J. Phoenix, Tribal Chairman

Pyramid Lake Paiute Tribal Council

//

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