Pyramid Lake Paiute Tribal Council (2020)

Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

PYRAMID LAKE PAIUTE TRIBAL COUNCIL

SPECIAL MEETING MINUTES

Tribal Chambers ~ Nixon, NV

December 18, 2020

Members Present:

Anthony Sampson Sr., Tribal Chairman Sherry Ely-Mendes, Vice Chairwoman

Judith Davis, Councilmember William Miller, Councilmember

Janet Davis, Councilmember Irwin Mix, Councilmember

Cassandra Darrough, Councilmember Michele Smith, Councilmember

Carolyn Harry, Councilmember Georgina Wadsworth, Councilmember

Note: Due to COVID-19 Tribal Council meetings are closed to the public to ensure the health and safety of

attendees. Councilmembers attended in person, keeping to 6-foot distancing, and via audio conferencing.

CALL TO ORDER

Vice Chairwoman Ely-Mendes called the December 18, 2020 Special 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 Secretary. Councilmember Janet Davis arrived at 6:03 p.m.,

Chairman Sampson Sr., and Councilmember Darrough were absent. All other Councilmembers were present

at roll call and a quorum was established for this meeting.

APPROVAL OF AGENDA

Vice Chairwoman Ely-Mendes requested the following changes to the agenda:

1. Addition under Consent Agenda #7. Approval Wolf Rifkin Shapiro Schulman & Rabkin LLP November

2020 Invoice

2. Removal under New Business #6. Approval Nondisclosure and Confidentiality Agreement among

PLPT, NUMU Inc., & Pyramid Commerce Center LLC

3. Addition under New Business #6. Approval Transportation Planning High Road Engineering LRTP &

Inventory Update and Professional Service Agreement. Johnnie Garcia, Transportation Panning

4. Addition under new Business #7. Approval Resolution for BIA 638 Report - Mining and Mineral

Contract and Water Resources. Michael Guss, Contracts & Grants.

Councilmember Judith Davis made a motion to approve the agenda with additions. Councilmember Smith

seconded the motion. Votes were six (6) for and zero (0) opposed with zero (0) abstentions. Motion

carried.

CONSENT AGENDA

The following items were listed under the Consent Agenda:

Approval of Minutes: December 2, 2020 Special

Approval Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP October 2020 Invoice

Approval CHE Scholarships: D Sanderson and A Carr

Approval HR 2021 Insurance Updated Rates and Benefits

Approval Wes Williams Legal Counsel Attorney 2021 Contract

Approval Quarles & Brady LLP Invoices: 6314500 (128-3), 6314501 (080), & 6314502 (080)

Approval Wolf Rifkin Shapiro Schulman & Rabkin LLP November 2020 Invoice

NOOO PWNP

Councilmember Harry made a motion to approve the consent agenda. Councilmember Judith Davis seconded

the motion. Votes were five (5) for and zero (0) opposed with one (1) abstention (Wadsworth). Motion

carried.

PRESENTATION

1. Bluebird CPA Presentation. Jamshed Kudratov, CPA

Mr. Kudratov explained the financial statements and compliance is the responsibility of management. The

auditors are responsible for providing an opinion on the financial statements which is based on a reasonable

assurance, not an absolute assurance, and not all transactions were tested which occurred 2019. There were

3 audit opinions from 2019 that were issued. The procedure followed is 1. Risk Assessment, basically when

they audit, they think historically, when the mistakes happened in the past or could have happened, they can

allocate resources with specific expertise to these problems; 2. Fraud Assessments, where they talk to

management and employees about fraud, they review minutes, and they check internal controls or if key

personnel changes occur in both finance and various key departments and 3. Planning and Preliminary

Analytical Review, they looked at 2018 audit numbers and compare with 2019 numbers for expectations. An

example: they knew in 2018 there was a $5.2 million drawdown so they would expect the trust fund to be

decreased by that amount and based on this knowledge they compute their expectations. If there is a

significantly different numbers than they would do a more substantial substantive procedure by reviewing

journal entries for AP and payroll postings and so on. For the compliance side they selected two grants, one

being the 93441 which is Indian Health Service (IHS) which is one of the biggest grants so by default they

will audit every year unless there is another, the other grant was 93237, the diabetes grant. Going forward

once all the audit procedures are done, he will review the work done by his staff, summarize the audit

conclusions and draft financial statements which he will share with management. They have a two-tier

review process for technical review and a second review is done by an engagement partner. Once all reviews

have been completed and all agree, it is submitted to the federal audit clearing house and provide a copy to

management.

There are four types of audit opinions: 1. Modified which is a clean and unmodified and is a clean bill, no

qualifications. 2. Qualified which means audit mission statements are good but there are some issues with

one or two items on the financial statements. 3. Adverse which is where the financial statement is not

based on GAAP, and 4. Disclaimer which is where it is so bad, they cannot give an opinion. In going over the

numbers starting with program revenues which has different subcategories. Overall, in 2019, saw a $2.3

million increase, that was mainly driven by an increase in BIA grants which was around $900,000. An

increase in the clinic revenue through third party revenue by $600,000, and an increase of $500,000, in

permits, fees, sales tax, and all other all other revenue. In 2018, for expenses there was almost $56 million

and in 2019, there was $21 million. The difference was in 2018, there was a $7 million distribution on

Investment Trust Fund income which why there was a large decrease in expenses in 2019. Overall, in 2019,

the revenues were a little less than the expenditures, and have almost $2.5 million of net expenses. But the

general revenues increased, almost doubled. Most of this increase, almost $3.5 million was due to the

increase in our investments which did very well in 2019. That is why the general revenues increased. Next

is transfers. The general bond plus investment bond had $6.2 million of economic distribution to Numu, Inc.

that is why the significantly increase in 2019. Total assets went up almost a million dollars, that is mainly

driven by an increase in cash. Total liabilities increased which is driven by increase in unearned revenues.

Overall net position decreased by less than a percent because the change in net position was negative soa

small decrease in net equity. On balance sheet items, cash increased over by $2 million and the main reason

is because of drawdown of funds on the federal grants, almost $1 million, and AP increased by $400,000

and grant receivables decreased which means the government owes us less money, and we got more cash.

These are the main reasons for increase in cash. Restricted investments decreased a little bit, but as a

reminder the investments did well but there was a drawdown of $5.2 million in 2019. That is why even

though investment income went up by almost $6 million, it dropped $5 million, that is why there is a

negative $1 million decrease.

The non-depreciable capital assets went increased mostly because of the ditch project in Nixon but

depreciable capital assets decreased because there were not any significant additions on the depreciable

capital assets. With liabilities, as mentioned, unearned revenues increase by a million because we had

more drawdowns in 2019 and liabilities increased because of the accounts payable. Across the board in

revenues there was an increase in revenue in 2019. Grant awards increased by $1.2 million, charges for

services increased by $860,000, mostly driven by the clinic revenues, and permits, rental fees, sales tax, and

other revenues, in total increased by $500,000. Investment went up by $3.3 million. The only category

there was a reduction in was indirect cost recoveries. As you know, in 2018, our approved indirect cost rate

was 26. 63% and in 2019, it was 19.60%, they could charge less that is why it went down. 72% represents

the $3.7 million which was the distribution, it was inputted as a general governmental expenditure in prior

year, the reason why it is a one-time expense, which throws off all the ratios. Overall, most of the categories

were flat, except there was a $550,000 increase on health and welfare expenditures. There was a decrease

on indirect cost by $400,000, and capital outlays were higher in 2019 by $862,000. The Tribe has a very

healthy equity, they own 93% of the assets, because they do not have long term liabilities. Both on the

financial statements and on compliance they have an unmodified opinion.

Unfortunately, there are some findings.

This is a financial audit finding, it is not a grant finding but it is a recurring finding. They sampled 40 claims

most of which were non-medical, non-Medicaid and tested an additional 10 Medicaid, the Medicaid did not

have any issues. Out of 40 they did not collect a single insurance and when he inquired with the billing

personnel, he was told by Sheri in billing there were a few different problems. One of the issues was the

front desk personnel, they were not getting the right forms, signatures were missing, or the most updated

insurance cards were not on file. By the time billing received them they were not able to go back and fix

because the front desk did not follow the proper procedures. Another problem mentioned was the fee

schedules. She said it was something with IT, they did not have a current fee schedules or fee schedules

were completely missing. Another problem was the scanners or the printers. My understanding is that all

the private insurance. the claims are sent on a paper. All the responses will be included in into the inner

financial statements. You will see there is a part called corrective action plans, which is all the

management's responses to the findings. If you want to see the details, once we finalize an audit, you can

see what the issues were. Another piece of it was a third-party insurance accounts receivable, based on an

adjustment that they made, the accounts receivable for clinic was not off too much, it was only 110,000,

think was it just missed communication. Based on prior audit findings, they accumulated enough

information to get accounts receivable and correct it at the end of the end of the 2019. But it was not done.

Those adjustments were made into the financial statements. Once the audit is finalized in a week or two, he

will have a conversation with the Comptroller and Clinic. Then they can move forward on how to fix it.

The next finding is related to the federal grants. These are compliance findings. He thinks one of the reports

were submitted late, and he understands because of the COVID situation, a lot of things were pushed and

maybe some fell through the cracks. It will be corrected in 2020 is his understanding. Finding number

three, that was an eligibility finding. So out of 40 people they tested, two were not eligible. There were two

patients that were being seen and they do not fall into any of those five categories. Basically, that is all the

three findings they have.

Ms. Brown said she and Ms. Mix have been communicating recently regarding the issues. She appointed

Sheri to help work with the auditor because she was out of the office from the end of October, beginning of

November and she just got back a week ago due to COVID. She did lose track of what had happening at the

clinic and that is on her. She did touch base with Ms. Mix and will be working with her to get the responses

to the findings. About a year ago or so we they started the process of an outside billing to help clear up a lot

of these issues they we were having internally. They were supposed to be online with Greenway Health and

their billing come July of this year, but because of COVID, everything got pushed back. They are still

working to get them on board and get them into the clinic. So, you know, I am hoping by our next audit for a

2020 audit, we will not have any of these issues here. They do acknowledge the findings, and we will be

working on those.

2. Legal Counsel Update - Pilar Thomas, Quarles & Brady LLP.

Ms. Thomas said they are maintaining the same effort on several leases. The Crown Castle Lease, which is

the cell tower lease, they finally received some information back from the company. They have some

questions on compensation. One of the provisions in the lease is related to an expansion area if they want

to expand from the current footprint and add more land to their lease. There is a provision in there. They

are working through compensation for the Tribe for that extra land use. They finally got some information

back from them a couple of days ago and they must finalize the position with the Business Officer and that

is the last provision in that lease that they need to resolve from both proposed compensation and legal

standpoint. Once they have that they will be prepared to bring that lease to Council possibly for the second

Council meeting in January. They will schedule a time with the Tribal Secretary to go through the lease with

you before that council meeting, and we will work to present it to Council for approval at your second

council meeting in January. That is assuming they can get that final compensation provision resolved. They

received word back from Kinder Morgan, the final revisions on the pipeline easement agreement. Once they

have the appraisal, then we will have the dollar amount for compensation. Otherwise, all the other

provisions mostly related to environmental, pollution control and insurance and related to inspection

rights that the Tribe would have over the pipeline. All of that is resolved, and so that that agreement will be

ready for your review again once we get the appraisal in and they finalize the compensation for the

pipeline. Remember, with both, they must go to BIA for approval. So even though the Council will approve

the agreement and approve the lease, the agreement will go to BIA. Kinder Morgan's already applied to

renew the easement, and this will be part of the easement package. On the lease, the BIA can make changes

to it, so it may not be the final version, but it would be what we negotiate with, with Crown Castle. Even

though council will approve those, hopefully middle of January, they should have the appraisal on the

Kinder Morgan pipeline which was supposed to come in right around this time. Hopefully, will have both of

those for Council middle of January. And again, once Council approves them, they will go to the BIA for

approval as well. Next is NextEra with the lease agreement and the request from them for additional

information and to finalize that form. They had that workshop the previous night to update Council on the

status of that. So hopefully by next council meeting, they will have some more update from NextEra on

whether they were able to get the response in for the RFP. They have also been monitoring COVID and

Cares Act and any new information coming out of Treasury. She is happy to provide Council with a quick

update on what is going on with the cares act.

Councilmember Harry asked if she had an update on the balance of the Alaska Corporations.

Ms. Thomas said with that litigation, there are three sets of tribes that sued the Secretary, when Treasury

determined that the Alaska Native corporations, were eligible for funding out of that $8 billion pot. It is still

pending the Supreme Court. The district DC Circuit Court of Appeals ruled that the Alaska Native

corporations were not eligible for that funding. In other words, that money would go to the federally

recognized tribal governments. There is about $533 million remaining in that pot. The Alaska Native

corporations and the United States, both file petitions, what we call petitions for with the United States

Supreme Court asking the United States Supreme Court to take up the case and overturn the DC Circuit

Court of Appeals. There are one of two options that can happen with that the Supreme Court can decide not

to take the case, in which in which event, the DC Circuit decision will stand. And those funds would have to

be distributed to the tribal governments, the federally recognized tribes, or the Supreme Court could take

up the case and then we would have to wait for a decision. The expectation and she just saw some filings in

that case today, the expectation is that the Supreme Court will decide. People are hoping in January of

whether they will take the case or not. That money is still there has not been distributed yet, will not be

distributed until that litigation is complete.

The COVID relief bill with Congress, there was a lot of back and forth about whether to give state local and

tribal governments more money. At one point, the proposal was to give everybody the same amount of

money again. So, the state and local governments that would be $116 billion pot, and the tribes would get

$8 billion of that. That deal appears to be dead, but you never know. As far as of yesterday, that was dead,

that there was going to be no more Coronavirus relief funds, but the other $750 billion was still there.

Vaccine testing, BIA was going to get a billion dollars. There was about a 5% set aside and each pot of

money for tribes. There will be more money coming through that bill, which is likely to pass will probably

be attached to the appropriations bill. Mostly focused on health, but there is some education stuff in there.

And now there is a talk about putting a $600 payment. So, like the $1200 stimulus check that everybody

got, this would be a $600 check for adults, and she thinks it is 300 for kids. All that remains to be seen.

nobody is seen any final language with that. But everybody is keeping their fingers crossed that certainly

the $750 billion will probably go they will see the $600 per person and almost likely the extra $8 billion in

in refilling the Coronavirus Relief Fund is dead. The other concern of course, is the time the Coronavirus

Relief Fund covers that ends on December 30. There is also an effort to put in an extension of time with the

omnibus appropriation bill. That language is supposed to be coming out tomorrow. Hopefully, there is an

extension that will cover the Coronavirus Relief Fund into next year. But if it is not in it, then there probably

will not be an extension. Everyone is going to be left scrambling to spend their money before the end of the

year. Congress likes to come down to the wire, unfortunately. And there is not much else happening on the

on the Cares Act implementation or on potential legislation. We will just see what happens. and then the

last piece of effort, of course, is on the litigation. They gave update a couple of weeks ago in Executive

Session on the status of the litigation. They are still in the state court. We will be filing a motion to dismiss

probably next week and will be filing a motion to amend the tribal court decision on Monday. So, we are

continuing those actions and then we will see what the courts rule with those two motions, one in state

court, one in tribal court.

Lastly, she indicated in the letter she sent to the chairman and the executive team earlier this week with

some update’s notification on some changes in our engagement terms. The flat fee amount was reduced

which covers her time. The Tribe pays her on a flat fee. Everything that I she works on goes under that

arrangement. She can go into more detail in an executive session or in a workshop. They have also reduced

the hourly fee and that's primarily because counsel asked that she stop working on the CEMEX matter.

Councilmember Janet Davis connected at 7:03 p.m.

NEW BUSINESS

1. Selection of Law & Order Committee Applicant (1 vacancy).

There were two (2) applicants: Tahnaya Sampson and Conrad Dunn.

Tribal Council selected Tahnaya Sampson to fill the vacant position on the Law & Order Committee.

2. Approval Land & Resources Land Applications with Resolutions. Richard Frazier, Land Manager

Mr. Frazier brought 6 applications before Council for approval:

a. Norman Frazier.

Councilmember Judith Davis made a motion to approve the land application for Norman Frazier.

Councilmember Miller seconded the motion. Votes were seven (7) for and zero (0) opposed with zero (0)

abstentions. Motion carried. RESOLUTION NO.: PL 122-20 LAND ASSIGNMENT - NORMAN FRAZIER

b. Rachelle Auguh.

Councilmember Janet Davis made a motion to approve the land application for Rachelle Auguh.

Councilmember Smith seconded the motion. Votes were seven (7) for and zero (0) opposed with zero (0)

abstentions. Motion carried. RESOLUTION NO.: PL 123-20 LAND ASSIGNMENT - RACHELLE AUGUH

c. Paula J. Wright.

Councilmember Judith Davis made a motion to approve the land application for Paula J. Wright.

Councilmember Smith seconded the motion. Votes were seven (7) for and zero (0) opposed with zero (0)

abstentions. Motion carried. RESOLUTION NO.: PL 124-20 LAND ASSIGNMENT - PAULA J. WRIGHT

d. Autumn Harry.

Councilmember Smith made a motion to approve the land application for Autumn Harry. Councilmember

Miller seconded the motion. Votes were six (6) for and zero (0) opposed with one (1) abstention (Harry).

Motion carried. RESOLUTION NO.: PL 125-20 LAND ASSIGNMENT - AUTUMN HARRY

e. Kim Pacheco.

Councilmember Harry made a motion to approve the land application for Kim Pacheco. Councilmember Judith

Davis seconded the motion. Votes were seven (7) for and zero (0) opposed with zero (0) abstentions.

Motion carried. RESOLUTION NO.: PL 126-20 LAND ASSIGNMENT - KIM PACHECO

f. Andrew Cody Smith.

Councilmember Harry asked about the site because she thought it was set aside for lease. Mr. Frazier said he

did not see anything noting that, it is open to residential.

Councilmember Harry made a motion to approve the land application for Andrew Cody Smith. Councilmember

Wadsworth seconded the motion. Votes were five (5) for and zero (0) opposed with two (2) abstentions

(Mix, Smith). Motion carried. RESOLUTION NO.: PL 127-20 LAND ASSIGNMENT - ANDREW CODY

SMITH

Councilmember Mix said he abstained because he thought the site was already taken but he was not sure,

and Councilmember Smith said they are related.

3. Approval PLHA Release Assign and Conveyance with Resolution for Cheryl Jaye Johnson.

Kathleen Frazier, PLHA Director

Ms. Frazier said Cheryl Jake Johnson had successfully satisfied all obligations under the terms and

conditions of the mutual health and occupancy agreement dated November 28, 1994. It is for project 4-10

located on lot #32.

Councilmember Janet Davis made a motion to approve the Resolution for the Release Assign and Conveyance

for Cheryl Jaye Johnson. Councilmember Harry seconded the motion. Votes were seven (7) for and zero (0)

opposed with zero (0) abstentions. Motion carried. RESOLUTION NO.: PL 128-20 PLHA RELEASE

ASSIGN CONVEYANCE - CHERYL JAYE JOHNSON

4. Approval Contract for Lobbyist between PLPT and Silver State Government Relations.

Michael Guss, Contracts & Grants, noted William Adler is a part of Silver State Government Relations and is

also contracted with the Tribe. There should be no conflict depending on what he would be working on for

the Tribe, if their separate. It is the same group but with a different name.

Councilmember Harry made a motion to approve the Contract for Silver State Government Relations as the

Tribe’s Lobbyist for the 2021 Legislative Session. Councilmember Judith Davis seconded the motion.

Councilmember Janet Davis asked about the name Adler & Villanueva, LLC which was on the email that

forwarded the contract. Mr. Guss explained they have a law firm that is separate from their lobbying practice.

Votes were five (5) for and zero (0) opposed with two (2) abstentions (Mix, Wadsworth). Motion carried.

5. Approval PLTHC’s COVID-19 Immunization Plan. Dawn Brown, PLHC Director

Ms. Brown said the plan outlines the tiers or priorities for the order the clinic will be vaccinating people

once they get the vaccination. On the 16' they received 50 doses of the Pfizer which they vaccinated the

health clinic staff and a couple of EMS personnel with. She requested clarification of an elder’s age since the

Tribe recognizes the elderly age as 60, and the CDC recognizes 65 as elderly. It was recommended they go

with the tribal age because as Native American populations, we are all at a higher risk at an earlier age.

Ms. Brown said they have identified 240, 60 and over elders. She has also contact Human Resources for a

listing of essential workers. They are also including all departments in the priority listing. They will be

receiving the next shipment on the following Monday. She thinks they will be receiving 200 doses. After

this they will be receiving weekly shipments but will not know the number of dosages in each shipment, the

information changes daily on shipments. They are also reviewing webinars daily.

Ms. Hawley, HR Director, said Tribal Council is included.

Ms. Brown said they are prepared to store the vaccines. The vaccine they are expecting to receive on

Monday is one that can go into their regular frigid freezer. The Pfizer is the one that needed the ultra-cold

storage, but it needed to be used within five days. And since they only received 50 doses, they are pretty

much all used up already. There is about a 21- or 28-day time in between the two shots that they have

there. They have some people who have decided they did not want the shot and that is their choice to make.

Like any vaccination, people have their own reasons for not wanting to get the shot. They are letting Indian

Health Service (HIS) and CDC know what the numbers are based on their plan. The nursing supervisor is in

constant communication, they have a contact that they have been keeping in touch with to just let them

know they are making sure that they can meet the numbers they have.

Ms. Hawley, HR Director, stated her office is also working on a policy for the employees as well.

Ms. Brown said they will be working on informing people who get the shot they still need to be wearing

masks, sanitizing and continue social distancing. They are working on the language and will get it posted on

social media, post offices and enterprise stores along with providing a flyer when they get vaccinated. Once

they get the first dosage, they will have to have the 24 dosage within 21-28 days. With Pfizer the

immunities occur quicker than the Moderma, possibly within 5-7 days, with Moderma it is within a week or

longer.

Ms. Hawley expanded on her statement that her office is also working on a policy. They must comply with

various laws, it meets EEOC, ADA, and title seven of the Civil Rights Act, because they cannot make it

mandatory, but still must determine how they are going to keep the worksite safe and healthy. If this

continues, they may have to discuss with the employee, whether they will remain employed and still refuse

the vaccine if the vaccine is not the end all. They must meet all those laws.

Vice Chairwoman Ely-Mendes said the changes they have made in the administration building as far as

getting temperatures taken, hand sanitizer dispensers, these should be general practices for everyone.

Ms. Hawley said those are a part of the pandemic. They still need to meet those requirements it is just

trying to meet the accommodations because there are going to be employees who will want to refuse it. She

has been looking and keeping up with the laws that may put the Tribe in liability but at the same time

giving employees the right to choose.

Ms. Brown said on the other end, patients are just going to see what is going on through the drive-throughs

getting a shot and there's so much planning and prepping on their side. Everyone that comes in must be

recorded that they had received the shot and each person will receive a little card, itis almost like an

immunization verification card to show, that they did get the shot. There is a lot that occur on the clinic's

side. They are working this weekend, so they are ready to roll, for when they start getting patients coming

in.

Councilmember Judith Davis made a motion to approve the PLTHC COVID-19 Immunization Plan.

Councilmember Wadsworth seconded the motion. Votes were six (6) for and zero (0) opposed with one

(1) abstention (Smith). Motion carried.

Ms. Brown stated as of last Thursday or Friday they currently have 43 cases on the reservation.

6. Approval Transportation Planning High Road Engineering LRTP & Inventory Update and

Professional Service Agreement. Johnnie Garcia, Transportation Planning

Vice Chairwoman Ely-Mendes stepped down from Council seat to present this item.

Ms. Ely-Mendes explained the long-range transportation plan includes all the roads that we have on the

reservation which are included on an inventory. When they get funding to either, maintain, it goes into the

maintenance pot and identifies where it is, we want to seek funding to do projects. The inventory has a fiveyear cycle and normally they like to get it done every five years. But this year, one of their top priorities

went awry due to COVID. One of the projects they had on the plan was the walking path down in

Wadsworth in front of Natchez School. They were partnering with Nevada Department of Transportation

(NDOT), and the assumption was from the Bureau of Indian Affairs (BIA), was it was in the right of way of

NDOT and NDOT assumed it could go outside of the right-away, because it is a tribal project. It ended up

outside of the project, then we started looking for a contractor, one was recommended to us from BIA. They

are successful in getting those long-range transportation roads on the inventory. It is a huge process. They

had to go with a contractor, the project must get done right away, because they are ready to construct and

if they do not get it in there, they are holding up the project. In the last year, if they sent us a list of things

that needed to be updated, either roads taken off, or identified in what condition they are in, or confirm

that things are completed on those projects. Because they cannot get in the system, and their partners at

BIA, Federal Highways no longer have that role. And they did not train people to be able to get in the

system. They must go with this contractor. Everything is due on March 1, and that is when they start

approving them. They would like to go with the same contractor to do all the inventory update. Along with

that, the long-range transportation plan is a document that the Tribe adopts by resolution which also must

be updated every five years. It is a standard contract. Wes Williams usually creates our contracts for them

and vets the proposal then he puts into contract format. Johnny Garcia looked over it and he is good with it.

It is all the numbers that they discussed with the contractor, Elizabeth Whitlock, discussed it over the

phone with her and everything is fine, and they have the funds to carry this out.

Councilmember Harry made a motion to approve Contract for the Professional Services Agreement with High

Road Engineering Inc. Councilmember Judith Davis seconded the motion. Votes were four (4) for and zero

(0) opposed with three (3) abstention (Mix, Smith, Wadsworth). Motion carried.

Councilmember Wadsworth stated she knows the importance of this contract but requested Mr. Garcia try

to get these in sooner. Ms. Ely-Mendes said they just got it back for review by legal, Wes Williams. There

was some urgency to it, and they apologize for not getting to Council sooner, but it vetted through the legal

team.

7. Approval Resolution for BIA 93-638 Contract for Minerals & Mining and Water Resources.

Michael Guss, Contracts & Grants

Mr. Guss explained this is the 638 contracts for both the minerals and mining, which pays for a water

resources technician and for the water resources program which pays for the director and a technician, and

contracts with flood modeling, TROA compliance, etc. This needs to be passed tonight and they apologize

for the lateness because they need to get this submitted with the rest of the 638 contracts passed two

weeks ago.

-10-

Councilmember Judith Davis made a motion to approve the 638 Contracts for Minerals & Mining and Water

Resources. Councilmember Harry seconded the motion. Votes were seven (7) for and zero (0) opposed

with zero (0) abstentions. Motion carried. RESOLUTION NO.: PL 129-20 BIA 638 CONTRACTS

MINERALS & MINING AND WATER RESOURCES.

COMPTROLLER. Jill Mix

1. Approval of Resolution for Withdrawal of Interest Assets from the PLPT Economic Development

Fund.

Ms. Mix stated this was not her resolution. Vice Chairwoman Ely-Mendes briefed the resolution. This was

the outcome of Council’s conversation about a real budget instead of projected budget. During their budget

meeting, they had all agreed to go straight to OST with justification and a resolution from the council

directly to ask for funding to cover a budget so that they can save the projected budget funding for the

following year. They did pass a budget but that was using all our savings, funds that are used to fund our

programs this year at a 10% reduction. They would not use anything from the projected budget amount, up

from our earnings until the end of the year when they had to budget for the following year. This would

supplement the amount they would use to get the Tribe through a full year and save the rest of the funding

allocated for this year’s spending. They can either put the amount in the bank, and leave it for the following

year, and continue to save on projected income. So, they are always working with real income. In recall,

they were going to minus out for the coming year, the million dollars they get from tax, because they

already work on a real money budget. It is approximately a million dollars that they give and throw into the

pot every year. That is firm money that they hang on to and they do not give to anybody until the end of the

year to appropriate for the following year. So that amount was not minus out. So, the amount we are

looking at is five point something million dollars draw down. The chairman worked with his executive team

and with Leilani Walkush, the Tribe’s investment group, and she vetted all the numbers of what was

needed to be put in the resolution. They will be drawing out of a out of a bond and they will be

relinquishing to take it out so they will be paying some penalties. This is the Tribe’s good governance plan

that was talked about. Ms. Walkush said she is trying to do this with her own tribe, they are also tired of the

cycle. This would be a one-time request which means the Tribe has to be vigilant about not using that the

funds.

Councilmember Harry asked in your conversations with Ms. Walkush prior to this and this week, was there

discussion about a possible pay back to the economic development fund, or we set aside a certain

percentage that?

Vice Chairwoman Ely-Mendes said what they are asking for now is a drawdown, this is specific to OST

asking for the funds. Can they pay it back? Do they pay it back, not sure they can put the funds back once it

is taken removed? It would really benefit them, even though it is their funds, they become frugal with it

and they use it in the way they had intended. This is totally up to council tonight, if you feel comfortable

with the way we do business and whether we want to move forward with this unprecedented action, they

will have to be vigilant.

-11-

Councilmember Judith Davis said they already passed the budget for 2021and this is economic

development funds, and it is the people's money. And you said we could ramp up to a full budget for 2021 if

we use these funds and use it or we could use our tax funds and CEMEX funds, but it will still be sitting

there if we do not use it. If something comes down the pipe in 3-4 years from now and we do not use it

know we still have the cushion there, it is not like we need to remove it now.

Vice Chairwoman Ely-Mendes said we are not probably going to have the projected funding again for this

coming year, because they have already started late in the year in earning money. All funding, the Vidler,

CEMEX are considered funds that the tribe earn for the people. They are not doing it to benefit themselves,

they are doing it to benefit tribal programs that serve tribal people. If the council would like to do this and

if you do not agree on the amount, then they can relook at that. Getting off the treadmill of a projected

income budgeting would be refreshing. They would never ask for these funds again for that purpose, if it is

used appropriately and is in the bank, and by resolution is set aside for budget purposes.

Councilmember Mix said he thought this was the reason why they did that was so they can get the rest of

the tribal workers back to work.

Vice Chairwoman Ely-Mendes agreed it is for when they ramp up to full status, they do it comfortably,

without saying we are going to use last month's earnings to pay this month salary, they are going to leave

last month's earnings in the bank until the end of the year, then we are going to use those funds to

appropriate accordingly as we as they earn, tt is real money in the bank.

Councilmember Mix made a motion to approve the Resolution for Withdrawal of Interest Assets from the

PLPT Economic Development Fund. Councilmember Harry seconded the motion. Votes were five (5) for and

two (2) opposed (Janet Davis, Judith Davis) with one (1) abstention (Darrough). Motion carried.

RESOLUTION NO.: PL 130-20 WITHDRAWAL OF INTEREST ASSETS FROM THE PLPT ECONOMIC

DEVELOPMENT FUND

Councilmember Janet Davis said she voted against because they are sidestepping the Economic

Development Committee for whatever reason. She is also in agreement with Councilmember Judith Davis

when she said it is the people's money and she does not believe they should be accessing that part, plus

they are going to be penalized as well. She knows they are in between a rock and a hard place but does not

feel they should be accessing it is not Tribal Council’s money, it is the people's money. She does not feel it is

right to be using it to bail out the tribe because they will be using that money for wages and some of the

people are not tribal members. They will be spending the tribal people's money on non-tribal people. Vice

Chairwoman Ely-Mendes said they do provide services, tribal services.

Councilmember Judith Davis said she voted against because she feels that if we are going to do this, we

should have had a plan all together and at least let our membership know what we are doing and how we

are going about it. She does not believe in withdrawing it and then putting it into savings for one year and

holding it over.

04D x

Councilmember Harry voted yes because | think it is a, a move to secure financial security for the Tribe and

to continue services from this point on. It is smart management. It is a smart financial move. From here on

out the Tribe will be set.

Councilmember Miller said he voted yes but had no further comment.

Councilmember Mix said he voted yes, and he would like the people to know what is going on and who

voted on this money.

Councilmember Smith voted yes with no further comment.

Councilmember Wadsworth voted yes, if COVID continues, most like until next year, there is a lot going on.

The Tribe has lawsuits on-going, most of them dealing with water and previous tribal councils, and the

elders have fought hard to keep the Tribe’s water rights, would hate to have to go into court without

representation. She does agree they do need to let the people know what is going on.

Ms. Mix said she needs clarification because it looks like they now have a new budget. Does she have to

submit a resolution for the new numbers because Council, at $5.3 million was very specific and with funds

they were going to use.

Vice Chairwoman Ely-Mendes said at this point, until they know for sure they are going to get the funding,

because they do know, it takes a little bit of time for OST to get back to the Tribe, she would not recommend

changing anything yet. They can always modify a budget at the beginning of the year if they need to.

Ms. Mix said the last time they submitted a resolution, all OST said to do was put the language in the

resolution that Tribal Council was aware that withdrawing bonds before they are fully mature, will affect

the interest. They did not have that language in the last one which was why OST sent it back. She does not

anticipate any issues.

Ms. Mix said as Council heard earlier, they completed their 2019 audit. It will be uploaded to clearing house

on Monday. It was not that bad of an audit; they just were not resolving issues. Hopefully, this coming year,

they will get them resolved. They are winding on down on their projects/Cares Act funds. All the

expenditures are locked down and they have run most of the general assistance checks. They have one

more batch from Enrollment for the stimulus checks, but most of the checks have been mailed.

Yeah, no, we were we were we at the same number as the last discussion.

Brenda Henry, Tribal Secretary, asked if the checks can not be cashed after the 30" since they are received

call from members regarding the December 30* cutoff.

Ms. Mix said they will not be reissuing checks after the 30" but the checks are good for 60 days of the date

on the checks.

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It was my understanding and correct me if I am wrong. I thought they had to cash them by the 30th.

Because if somebody went in on January 2, to cash their check, they would not have an there would not be a

cares act account. For that to come back off. That was my understanding.

EXECUTIVE TEAM

1. Business Office. Benjamin John

Mr. John said everything has pretty much been covered as far as administratively. The feasibility study was

not completed for tonight, the individual who does it, had previous commitments. It will probably be ready

for the January meeting and it will be more of a formal presentation at that point. At that point, the whole

thing will be submitted in the spending plan. It will be paid for by the smoke shop. And really the only thing

that would need to be done by the tribe itself, because the bank who would fund the projects, they only like

to deal with tribes themselves. So that would be the main thing that would need from the Tribal Touncil or

the Tribe itself would be to secure the loan to build the project.

They did get a presentation from EMS and the police department. They want to approach the Economic

Development Committee and complete their application because they are written into the economic

development plan. The executive team was supportive of that the only real issue we can see is whether the

Economic Development Committee is ready for that. They have a plan, and it would relieve a lot of the

pressure off the tribal budgets because they would replace the that portion of their budgets with money

from that fund. The committee does not have an application for this, 0 the likelihood of this happening is

low. They do not have an application for what these departments are asking for, they only have the

governmental one they gave the Executive Team, but they are going to fill that application out and see if it

works for them.

Councilmember Wadsworth said she would like to see a financial report every month from the Enterprise

department. It seems like we only get to see one when we request it but would rather not have to request it

and that they just provide it automatically. Mr. John said the last time they talked he thinks they agreed on

quarterly because not a lot of changes occur month to month, it is easier to see anything on a quarterly

basis, but he will let them know to provide a report monthly.

Vice Chairwoman Ely-Mendes explained that what Councilmember Wadsworth is asking for is a regular

report. Mr. John remembers quarterly because that was when the accounting firm audits them, but they can

complete monthly reports.

Councilmember Mix had a question regarding the engaged sunflower consulting to begin travel Plaza

feasibility study. Who is paying for that? Mr. John responded the smoke shop? Councilmember Mix said he

knows they have done a lot of feasibility studies on that area; couldn’t they use one of those? Mr. John said

they were outdated; he could not find anything new. It would be a requirement of the funding agency that

the feasibility study be current.

-14-

Vice Chairwoman said from her recollection, most of the feasibility studies require that you use their

feasibility study, use their service, that is how some are written.

Councilmember Mix said he just wanted him to read those because they do not look good for not wanting to

it doing it again.

Vice Chairwoman Ely-Mendes said she thinks it is in the eye of the beholder. She feels the same way as

Councilmember Mix. It says they are going to tell us the same thing, but maybe they have a different plan

this time.

Councilmember Harry asked since your final phase of construction at the Nevaco building, what is the next

plan for it?

Mr. John said the next step would be to hire the food distribution manager, then to use it for food

distribution, the food bank. There is walk-in freezers and a place for the food to be stored. From there it will

be up to the food distribution manager to grow that program.

Mr. Guss said in following up with Mr. John, the Centers for Disease Control, which awarded funds, they

finally gave the Tribe the go ahead and final approval for funds to purchase food for elders, people with

pre-existing conditions, people who have active COVID-19 disease or people who are a quarantine due to

exposure until the vaccine takes hold and everything gets up and running. And so, there is a substantial

amount of money in that grant for that. So, there will be some resources for that person to use.

Councilmember Judith Davis said they asked Mr. John for a scope of work on all the Cares projects. If he

sent anything out, she did not get a copy. Can you give an estimate on where the projects are? And what

how much will still need to be accomplished by the 30th?

Mr. John said all of them will be done by December 30".

Councilmember Judith Davis said that is why they were asking for a scope of work and a timeline. On the

daycares will they be set ready to go? Or what will they be like on the 30th and the Sutcliffe community?

building?

Mr. John said he could send her the file.

Councilmember Judith Davis said she would like him to just say it for the record.

Ms. Mix said the Sutcliffe Community building is almost finished. They are waiting on the windows because

the windows were ordered which would be the last thing that has to be done. The floors, finish work will be

done the week of the 24th. The modular for the daycares are both in place. The issue with completing those

is the lack of electricity right now. They need heat for the drywall. Housing is working with the project

manager and the company. The Nevaco building is almost completely done, it will be done by the 30th. EMS

is completely done except for the power. Housing has been working with Nevada energy on the power, and

-15-

they have been going through the same thing everybody else's and that is some of employees are there and

then they get COVID and so they are off, which has pushed us back on the power being hooked up.

Councilmember Mix said at the housing meeting the other night, Jackie Mix, the development coordinator

filled them in on the six projects. One of the things she brought up was the Tribe needs to get a generator

for the Nevaco building for backup electricity for those frozen refrigerators or walk-in freezers. That way

meat does not spoil, just like the clinic did with theirs and make sure it is a diesel backup generator.

Councilmember Judith Davis asked Ms. Mix regarding the daycares, the electrical and the EMS. So, are they

stubbed out and it is just up to Nevada energy now? Ms. Mix responded yes.

Councilmember Wadsworth was wondering when the two new employees will start working.

Vice Chairwoman Ely-Mendes said she did not know but was wondering the same thing. I guess whether

they have accepted or what the timeline is? Normally, if people are working, they want to give two to three

weeks’ notice, especially if they are working in a professional position. She does not have any updates on

that. She was hopeful the chairman would be here this evening and they would hear something about it.

Ms. Hawley said both applicants have completed their drug testing and backgrounds. Vinton Hawley was

going to be starting Monday, the 21st and Ms. George has given a three-week notice.

Councilmember Wadsworth asked since furlough ends on December 30. Do they have plans on what they

are planning on bringing back all the employees or what is the plan. Vice Chairwoman Ely-Mendes said

that is a good question, she thinks they initially budgeted for part time and she is sure how many

employees they are talking about bringing back? Ms. Hawley said at that moment they are at 19 that are

still on furlough. They are incremental, Bernadette Wadsworth, Daycare just brought back five employees.

Other positions like JOM, THPO, etc. are dependent upon the decision.

Councilmember Wadsworth asked Ms. Hawley regarding the Police Department’s monthly report saying

the PD is down two positions and Rangers is down three positions. They have not been able to hire for at

least two years. I am just wondering if you know if he has a plan to get those positions hired or if he is just

going let it be posted or what is going on. Ms. Hawley said historically, they have received applications, one

of the biggest drawbacks is passing their physicals and their tests which they are required to complete, and

it requires a lot of screening on the applicants he receives. The positions should be increased, she knows at

one time he did do it, but the amount at that time was denied, because it was a huge jump. The

recommendation would be that he look at his positions and attempt to move them into higher salary

bracket so that he can be competitive.

Councilmember Mix said he said the same thing about the Rangers they do as much as the police

department, why are not they are making the same amount, they are doing the same exact thing, they are in

more contact with the public than the police are and they also backup the police when they call for it,

-16-

Mr. John said he is right and that is the plan they brought before the executive team which was to bring

their program or the police, the Rangers and EMS up to industry standards and wages. It was part of their

presentation that they are going to try to be able to access funding.

Councilmember Smith said she noticed the Smoke Shops got some new electronic signs, is there anything

else that is new that we could talk about?

Mr. John said they got new pumps, if you are not going to use your tribal discount, you can pump and pay

outside. They painted it and now they are looking to replace the underground pump which needs to be

replaced, they are working on getting a quote for it to be replaced.

2. Programs Officer. Margaret Gunshows

Ms. Gunshows was not in attendance.

Councilmember Harry asked about the agreement that Numu Inc., was going to present. Vice Chairman Ely-

Mendes said she heard from Councilmember Darrough saying they were going to pull from the agenda and

put back on in January, she does not know the reason why.

ADJOURNMENT

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

the meeting. The motion was seconded by Councilmember Wadsworth. Votes taken were all in favor, motion

carried.

The meeting adjourned at 8:52 p.m.

Submitted by,

(Anda.

[a 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 8 day of January 2021, having nine (9) members present,

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

-17-

Minutes attested and concurred by: An CS -=

Anthony Sampson Sr., Tribal Chairman

Pyramid Lake Paiute Tribal Council

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