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

SPECIAL MEETING MINUTES

Tribal Chambers ~ Nixon, NV

September 15, 2023

Members Present:

James J. Phoenix, Tribal Chairman Steven Wadsworth, Vice Chairman

Harriet Brady, Councilmember Natalia Gonzales, Councilmember

Nathan Dunn, Councilmember John Guerrero, Councilmember

Nathan Dunn, Councilmember Genevieve John, Councilmember

Edward Ely III, Councilmember Della John, Councilmember

CALL TO ORDER

Chairman Phoenix called the September 15, 2023, Special Tribal Council meeting of the Pyramid Lake Paiute

Tribal Council to order at 4:30 p.m.

ROLL CALL

Roll call was taken by Brenda A. Henry, Tribal Council Secretary. Councilmember Gonzales arrived at 6:00

p.m. All Councilmembers were present at roll call and a quorum was established for this meeting.

APPROVAL OF AGENDA

Vice Chairman Wadsworth requested a motion be added under the Chairmans Report, a request to forward

the litigation memo to NUMU Inc.

Councilmember Brady requested to add before the Land Assignment approvals under New Business, Land

Assignment Process discussion with potential action.

Councilmember Guerrero requested an Executive Session to discuss Wes Williams’ report.

Councilmember Genevieve John said she is not comfortable with Councilmember Gonzales’ request; it should

be an open discussion. (There was no audio recording for the beginning of the meeting and the request made

by Councilmember Gonzales was not recorded).

Councilmember Brady agreed it should be a public discussion.

Councilmember Guerrero said there is a Land and Resource policy that should be followed. He did get calls

and went to Benjamin John, Business Officer’s office and asked if they pulled the permits but still you must

have a signed letter for the complaint to the Land and Resource.

Councilmember Genevieve John said she is coming from the Council level.

Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

Chairman Phoenix said in all fairness they should have the conversation with her first and give her an

opportunity to respond. He suggests an executive session to have the conversation.

Councilmember Davis said he would be setting precedence for that person’s land application. Will they do

this when they have a question on somebody else’s land application? Whether she is sitting as a

Councilmember or not.

Councilmember Genevieve John said the difference is, she is a Councilmember.

Councilmember Dunn said everybody is equal to the same thing, it’s not like they can’t qualify for these other

things too. They’re still tribal members, they just happen to sit on Council. The process is where they should

have started administratively because a lot of the questions could have been answered along the way. This

is why he was giving feedback and trying to debate about the issue instead of after the fact when everything

was processed. They need to tighten up internally and then they wouldn’t have questions because they would

already be on the form, and they would know already.

Councilmember Della John said when she went to the first NUMU Inc. meeting they had proposed an

ordinance to allow assignees to rent their place, lease, or sublease. Currently, the Tribe’s laws don’t permit

that, so the question is whether it happened or not and if it didn’t, the concern goes to the committee, and

they investigate it.

Vice Chairman Wadsworth suggested at the end of the Executive Session under Unfinished Business, they

can ask those questions.

Councilmember Ely motioned to approve the agenda with the additions. Councilmember Davis seconded the

motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED

EXECUTIVE SESSION Victim Services Coordinator Interview

Councilmember Davis motioned to move into Executive Session. Councilmember Dunn seconded the motion.

Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED Tribal Council

moved into Executive Session at 4:47 p.m.

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

motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED Tribal

Council moved out of Executive Session at 5:59 p.m.

Councilmember Gonzales arrived at 6:00 p.m.

PUBLIC COMMENT.

Ronald Guerrero. Tribal Member. Mr. Guerrero said he submitted an agenda request to be on the agenda,

but he is not. He wasn’t notified that he was not added. Where does he go from here? Chairman Phoenix said

for him to meet with him on Monday at 8am to discuss his request. Mr. Guerrero insisted he be allowed on

the agenda. Chairman Phoenix said they have already gone over his item, and it’s been ongoing even though

it has gone through the process. Mr. Guerrero said he went through the complaint process and was not happy.

They keep breaking the policies, procedures, and protocols. Now they are not even listening to him anymore.

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Councilmember Della John stepped down to make a public comment at 6:06 p.m.

Della John. Councilmember Della John stated she had two items she wanted to speak about. Last year was

her first year on Council and they had a delegation to the National Conference of American Indians (NCAI),

and she prepared a document on some topics that may come up at NCAI and allow Council to mark it off their

list and possibly add new items to the list, like the Tribe’s airspace. It is a consideration for the Council to

think about. There are two Councilmembers attending this year and she would like for Council to have input

on the issues. Advance funding did go through for the Indian Health Service (IHS) which is great, but she is

hoping it could also include the 638 programs then they wouldn’t have to shut down if the government shuts

down. The other issue is she would like to propose, and she does know it has to go through the committee,

but she feels the community has endured much trauma in the past and again are experiencing trauma

considering the most recent incidents on the reservation, it appears to be out of control. As a tribal leader,

she feels responsibility to take steps to regain some sense of control and work to create healthy and safe

living spaces for the community members. Therefore, she respectfully proposes the Pyramid Lake Paiute

Tribe create a Public Safety Commission to provide additional support and oversight to the main three

departments responsible for the community public safety, the Law Enforcement, Tribal Court, and

Emergency Response departments. She understands Tribal Administration provides supervision for these

departments and this will remain in place. However, in view of the current Pyramid Lake public image

projected in the media, local, nationally, and globally, she feels that in dealing with the public and for the

Tribe to provide the services in a professional and trustworthy manner, another layer of oversight is

required. The Council needs a Public Safety Commission to protect tribal sovereignty and jurisdiction by

reviewing the memorandums of understanding (MOU) and memorandums of agreements (MOA) that have

been signed by the Tribe in the past or been proposed in the future. The tribal members need a neutral third

party to accept and investigate the complaints and reports received from the people and community. The

outside public becomes their community when they come on the reservation to visit, create, or travel

through. A Public Safety Commission will provide support to the department heads to address issues such as

cultural awareness, civil rights, liability training, licensure, proper registration, cross deputization, excessive

force, required documentation, procurement, and public reporting of activities. The Council, to comply with

the responsibility to provide healthy and safe community spaces needs this oversight step to be able to make

a proper budget and policy decisions recommended by the public safety commission, to ensure current or

corrective procedures are defined and implemented to protect the health and safety of our communities. She

attached a sample draft code, a sample tribal Public Safety Commission bylaws for Council to review and

consider. Normally, when they do something like this, they will send it to the Law & Order Committee to go

through the process, but when complaints come to Council how do they investigate and look at things to

correct and address policy or budget issues? What is the cost effectiveness of putting all their funds there?

how many Natives and how many non-natives are they serving? She thinks an oversight of the three

departments that are responsible for public safety will help.

CONSENT AGENDA

Following items were presented on the Consent Agenda:

1. Approval of Minutes:

a. August 17,2023, NUMU Inc Owner’s Meeting b. March 20, 2023, Special Budget

b. March 3, 2023, Regular (previously tabled)

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September 15, 2023, Special Council Meeting

2. Approval Wes Williams Legal August 2023 Invoice #4136

Councilmember Brady requested to pull #1 for discussion.

Councilmember Brady motioned to approve item #2 on the Consent Agenda. Councilmember Ely seconded

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

PASSED

Item #1 minutes:

Councilmember Brady submitted her edited suggestions to Council for review.

Councilmember Dunn requested to have the August 17 meeting noted as being a NUMU Inc. Owner's

meeting.

Councilmember Genevieve John submitted her corrections which were mostly grammatical corrections.

Councilmember Genevieve John motioned to approve the August 17, 2023, NUMU Inc. Owner’s Meeting

minutes, the March 20, 2023, Special Budget minutes and the March 3, 2023, Regular minutes. Councilmember

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

PASSED

PRESENTATION

1. Quarles & Brady Legal Update. Pilar Thomas, Quarles & Brady

Ms. Thomas stated her and her firm’s condolences on the loss of Police Officer Francone, a traumatic and

tragic lost for the community. They will be contributing to the scholarship fund that was set up for the family.

Also noted was the event that occurred with Burning Man and the Tribe’s rangers.

She did receive and forwarded to the Chairman and Council, notices from Treasury about the reallocation of

several funds from the COVID Relief Act, including additional reallocation of the Fiscal Recovery Fund,

reallocation of the Local Consistency Fund and reallocation of the Capital Projects Funds. The Tribe should

be getting more money out of these funds with instructions. There is no timeframe on the Fiscal Recover

Funds or the Capital Project Funds but there is a timeframe on spending the money. There were some

updates to the State Small Business Credit Initiative (SSBCI) Program, which was a program the Tribe applied

for, she hasn’t heard anything further but will continue to monitor. Any changes she will provide to Benjamin

John who is the point person on the SSBCI program. There is some additional information provided on the

EPA’s Greenhouse Gas Reduction Fund with more changes to the program and she will have an update the

next week. She would like to recommend a workshop with Council, the Housing Authority Board, and the

School Board because there are new programs that are coming out under both the Inflation Reduction Act

and second round and third round of funding coming out under the Bipartisan Infrastructure Law that both

the Tribe and boards are eligible to apply for. The DOE sent out an update earlier in the month announcing

the allocation of electrification money to assist tribes and tribal housing authorities with electrifying homes,

with energy efficiency and eligible to use up to $14,000 per home, depending on income status. The housing

authority or the Tribe can apply directly. The DOE has announced their allocation formula, and the Tribe has

received an allocation of money of $25 million. The DOE also has money for energy efficiency projects for

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September 15, 2023, Special Council Meeting

tribal schools and she would like to have a workshop if that is Council’s choice to get everyone up to date on

the programs. There are a lot of programs that are ready and funded especially with the Bi-partisan law;

there are five years of funding which the Tribe is eligible to apply for it.

The third thing they started working on from a general government standpoint is that Benjamin John advised

them, he received funding to amend the leasing ordinance, the one they drafted for the Hearth Act Leasing

Ordinance to amend to allow for residential and solar leases. They have been coordinating with Mr. John and

will also be coordinating with the Law & Order Committee for legislation. They are working on who will do

the first draft, they will assist and get it through the process.

With contract review, they are waiting on the Pyramid Lodge for information from Mr. Greenberg, his

attorney has again promised by the end of August the Tribe will received information which they have been

requesting but have not received. They had a call with Council for some additional feedback and since August

they have been waiting for further direction from Council on the conveyance of the Lodge. They understand

some actions were taken, unfortunately she was not able to attend the meeting she was asked to attend but

understands Council acted regarding the NUMU Inc. Board related to pursuing the conveyance through the

NUMU Inc. Board.

They have not heard back from Great Basin about their request need for a temporary use permit: she is

unsure if they reached out directly to Donna Noel or the Executive Office on this. If there is further work to

do there, they will keep pursuing that with them.

Back in July they received comments back from NV Energy on the Easement Agreement which she submitted

to the Council requesting direction. She is asking for directions or another workshop to go over NV Energy's

changes they proposed. NV Energy has started their environmental review work which has to be completed

under the regulations and are working with the Tribe’s staff on conducting that review per the regulatory

process. The easement agreement is the Tribe’s consent to the easement. She will work with the Tribal

Secretary to coordinate a date for a Council workshop to follow up on the changes that have been proposed.

There are two other agreements with NV Energy that they haven’t received any further requests for

assistance, so she is assuming those agreements have been completed or have been dropped. One is the

master services agreement for fuel and hazardous management on their lines and the other is a service line

agreement to connect a residence for electrical service. She is waiting to hear back on these and will assist if

they are asked. They worked with one of their companies’ attorneys in their Tucson office, along with Mr.

John for the Paragon design services for the travel plaza, to provide revisions to draft a contract for the design

services agreement for the travel plaza. No further updates on the cannabis matters or the solar projects with

NextEra or any other pending matters.

2. Overview Bureau of Trust Funds Administration and Tribal Accounts. Not present.

UNFINISHED BUSINESS

1. Request for Approval Due Diligence Contract Big Picture Development Nixon Gym. Sherry Ely-

Mendes, Programs Office

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September 15, 2023, Special Council Meeting

Ms. Mendes provided additional documents that were asked for at the meeting regarding her request, and

Pack Construction notified her they couldn’t meet the timeline that was requested for the work. An email

was also provided by Lorin Dunn, Tribal Maintenance, stating his department was unable to do the work

requested. They also tried contacting the previous contractor, Ace Heating out of Fernley, but he has since

gone out of business, but they have been doing the maintenance very year on the system. Mr. Dunn’s

concern was the duct work was not sealed and recommended that be looked at. She is recommending the

Big Picture Development company look at all the elements they have listed in the proposal and provide

them with a quote. The quote is for $5,797 and they will be signing a contract from the Tribe and not their

contract which was provided.

Councilmember Genevieve John motioned to approve the Contract with Big Picture Development to review the

proposal items for the gym. Councilmember Brady seconded the motion. Votes were nine (9) for and zero

(0) opposed with zero (0) abstentions. MOTION PASSED.

2. Personnel Committee Request for an Executive Session. Gina Wadsworth, Personnel Committee

Chairperson.

Councilmember Ely 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 6:31 p.m.

Councilmember Dunn stepped out of chambers at 6:33 p.m.

Councilmember Guerrero motioned to move out of Executive Session. Councilmember Brady seconded the

motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. Tribal

Council moved out of Executive Session at 6:55 p.m.

Vice Chairman Wadsworth motioned to accept the recommendation of the Personnel Committee.

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

(0) abstentions. MOTION PASSED.

NEW BUSINESS

1. Request for Approval Contracts & Grants Requests. Trish Conner, Contracts & Grants Administrator

a. Economic Development Administration FY23 Distressed Area Recomplete Pilot Program

Phase 1 Application.

Councilmember Dunn returned to chambers at 6:57 p.m.

Ms. Conner explained this is with the Economic Development Administration (EDA). This grant was reviewed

by the Executive Team and approved to move forward to the Tribal Council. The amount is $500,000 and is

a competitive discretionary grant. If funded, they would begin around December of 2023. It is a two-year

grant with no match and the indirect cost (IDC) is not applicable because they plan to use the funds for

contracted services. The services would include contracting with a consultant to complete a recompete plan

which is an Economic Development Plan, contract with consultants to complete a Comprehensive Master

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Plan and to complete necessary development like environmental, engineering, architect designs for plans or

projects identified in the strategy to assist with bringing jobs on the reservation.

Councilmember Brady asked if this was the same thing as the interviews with Council.

Ms. Conner said that is separate, the interviews with Tribal Council are for the Community Needs

Assessment. This is more economic development, but they will use the community needs assessment to assist

with this project.

Councilmember Brady’s concern after reading the grant was that they must remember the Tribe has a finite

land base and she was wondering how that would work, for instance with the housing needs.

Ms. Conner said they will have those conversations when they talk about it on the recompute plan and the

comprehensive master plan.

Councilmember Ely motioned to approve the Economic Development Administration FY23 distressed Area

Recomplete Pilot Program Phase 1 Application. Councilmember Davis seconded the motion. Votes were nine

(9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED.

b. USDOT Reconnecting Communities & Neighborhoods Program Grant Application for the

Pyramid Lake Bike Path Phase 1 & 2.

Ms. Conner explained this grant is the US Department of Transportation Program, Reconnecting

Communities and Neighborhoods Program. This grant is a competitive discretionary grant application, no

match needed, and the IDC is not applicable because they will be contracting services for design, professional

services, and construction. The Executive Team reviewed this grant and approved it to be forwarded to Tribal

Council. The amount for this grant is $29,756,400. This is for the complete design of phase 1 and phase 2 and

construction for the Pyramid Lake Bike Path Project. The Transportation Planning Department will be

implementing this project if funded.

Councilmember Della John asked if the Cattleman’s Association will be involved because this is their grazing

area in the summer.

Ms. Conner said she will ask the Transpiration Planning Department to be sure to involve them.

Councilmember Davis thought this one was approved before but not for the funding amount. She believes

Johnnie Garcia brought this forward and most of it is going to be on the railroad track. Is that correct?

Ms. Conner said she wasn't sure, but Mr. Garcia had part of the design phase 1 done up to a certain point. This

is the completion of phase 1 design and then it will go into phase 2. It’s from Sutcliffe to Pop Corn Rock area.

The Council needs to remember this is a discretionary grant and it’s very competitive. If they don’t get it, they

will continue to apply and look for grants like this. They are just trying to get their foot in the door and let

the agency know they want to apply for it. They are also trying to get letters of support from Senator Cortes

Masto’s office. They are trying to complete one portion of the phase, there will be a phase 3 and possibly a

phase 4.

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Councilmember Brady asked Ms. Mendes a question about phase 2, she thought they already approved it.

She was unsure but she thought the starting point was in Wadsworth.

Ms. Mendes said the Reno-Tahoe Bike Path ends at Pop Corn Beach area. This project is separate from that,

and they hope at some point, they can move the Reno-Tahoe Bike Path up onto the railroad bed and go all

the way through to Sutcliffe which is a more manageable route and more straight forward for the tribal

members to use to go between the communities. What they are looking at now is phase 1 from Popcorn Rock

to Sutcliffe. This portion they are going backwards because they have designed around Stucliffe to Mullins

Creek, this is where they want to finish the design and start construction of the path. The environmental and

cultural assessments are done, they just need the funding to move forward with the project.

Councilmember Brady asked if the Reno-Tahoe Bike Path group were okay with the move.

Ms. Mendes said she hasn’t had any formal discussions with them but discussion with them they are jazzed

because the portion down to Numana Dam and Dead Ox is hard to maintain. It will be a discussion after the

fact when they know for sure they have done their due diligence up to Pop Corn Rock area. The other phases

in the other parts of the project could be years down the line but they are putting out feelers for funding.

Councilmember Brady motioned to approve the USDOT Reconnecting Communities & Neighborhoods Program

Grant Application for the Pyramid Lake Bike Path Phase 1 & 2. Councilmember Davis seconded the motion.

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

c. Resolution & Support letter for the Pyramid Lake Housing Authority to apply for the Indian

Community Development Block Grant Program for the Infrastructure Construction of the

Sacred Visions Subdivision with Resolution.

Ms. Conner explained the resolution is for the Pyramid Lake Housing Authority (PLHA) to apply for the Indian

Community Development Block Grant Program for the infrastructure construction of the Sacred Visions

Subdivision. Only one application can be submitted from the reservation. This PLHA’s program is ready for

this grant to apply. The available funding for the Tribe is $2 million and it would be for the groundwork of

the Sacred Vision Subdivision including sanitary, sewer and water.

Councilmember Guerrero asked about the moratorium that was put in place for new lands acquired.

Richard Frazier, Tribal Land Manager said the moratorium was more toward individuals taking land

assignments, not sure if it pertained to tribal entities. Doesn’t think there was a distinction between the two.

Jolyn Sander, Land & Resources Committee said her understanding was the moratorium was set for

individuals who put in for those assignments especially for those assignments like the Ceresola property

with agricultural because everyone was trying to apply. That was the reason the Tribe set that moratorium;

it was for individuals not tribal entities.

Councilmember Genevieve John asked if the Tribe has a land use plan so they know what should be

residential or community development.

Mr. Frazier said there is an old land use plan that was from 2000 or earlier for each community designating

residential and commercial.

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Councilmember Genevieve John asked that he bring a copy forward for Tribal Council.

Councilmember Della John said on the fee land on Hill Ranch Road there is a plan for 250 homes which will

be an impact to the community, she believes it’s a corporation out of San Diego. She asked the Water Team,

but they didn’t know about the development.

Councilmember Dunn motioned to approve resolution for the PLHA to apply for the ICDBG Program for the

Sacred Visions Subdivision Infrastructure. Councilmember Brady seconded the motion. Votes were nine (9)

for and zero (0) opposed with zero (0) abstentions. MOTION PASSED.

2. Request for Approval Social Services General Assistance Drug Testing Policy. Barbara Bennett,

Social Services Director

Ms. Bennett explained this is an addendum 10 to their policies for their General Assistance (GA) Program for

drug testing their clients. Drug testing may be conducted as an assessment tool throughout the case at the

discretion of the Social Services Department for general assistance if the department has reasonable

suspicion to do so. In the criterium is any documented report from any tribal department which could be in

the schools, the reservation, the housing program, victim services or any documented report from a law

enforcement or the court. This includes any worker who may observe a client coming into the office possibly

being under the influence or if the client has a documented history of substance abuse. All this can be used

as an assessment tool so they can recommend treatment for the client and get them assistance. If they initially

suspect a client has a problem they will do oral testing, which they are prepared to do and forward them to

the Tribal Health Clinic for verification with a urine test.

Councilmember Brady asked about Victim Services, she doesn’t think they can be mandated to do that in

their program.

Ms. Bennett said it is not a mandate, it’s just in case they receive (didn’t complete sentence).

Councilmember Brady’s second issue was if there was a false positive, where is the client’s right to appeal?

Ms. Bennet said there will be no appeal at that point, when they test positive orally, they will be sent to the

Health Clinic to verify if it is positive or negative. If negative they won’t have to undergo further testing.

Councilmember Dunn asked how engaged is the Health Clinic in this process? He is looking for a plan because

it seems they are putting a hardship on certain community members that are going to be categorized as drug

users for this. Do they have the resources to do this because it seems like they don’t have a lot to support

what they are trying to propose. What is the safety plan? What other resources can they get for these

community members who don’t fill the requirement?

Ms. Bennett asked for a scenario for a safety plan.

Councilmember Dunn said if he tested positive when applying for GA, then tests positive a second time then

he is discontinued for a year. What are his backup plans? What can he do, just stay home?

Ms. Bennet said what they are trying to do is to get people to go to counseling.

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September 15, 2023, Special Council Meeting

Councilmember Dunn said he understands but is wondering how effective it is or what is the plan for that

portion, He can read it as it is written down but what is the step by step?

Ms. Bennett said if any person tests positive, they can remain on the program but if they test positive a second

time that is when counseling will be recommended, and they will work with them with that.

Councilmember Dunn said he just wants to make sure it all is included in the policy and once they approve

it, they don’t come back and say the forgot something. He just wants to make sure they are not putting people

in categories or putting hardship on them.

Ms. Bennett said all their cases are confidential and they won’t be putting labels on people.

Jolyne Sander, from the audience asked who will be paying for the drug tests.

Ms. Bennett said the department will cover the costs.

Ms. Sander said the funding in Social Services is strict and two years before COV ID, all the tribal programs

were working on a general assistance policy and she thinks it was discussed but wasn’t allowed and not sure

if those meetings have continued or what is the Bureau of Indian Affairs stance on it, but she thinks this will

be violating people’s rights. What will happen if a mother tests positive, will Social Services step in and

remove her children? What are the risks to the families overall when they test positive? Will Social Services

step in and make it a child welfare case?

Ms. Bennett said not automatically, their goal is to assist people and not remove children, this will only occur

if there is risk to life.

Ms. Sander thinks it’s a good idea but at the same time, there are families who are on TANF, lifetime TANF

sit-outs, they depend on the general assistance to support their families. They all know there is a lot of drug

use out there, a lot of alcohol issues and it is not going to go away. When they do the assessment for the

general assistance program, that question should be a part of the assessment, which is where they could

intervene and offer counseling programs. She doesn’t think it’s right to start drug testing families in need,

there are other ways to go about it. It will be the kids who suffer in the long run.

Councilmember Ely said that is his concern also if an individual or family member’s service is discontinued

for a year, and they need support, do they have enough support out there in the other programs to sustain

this person for a year to give them guidance and help. The department’s heart is in the right place but

wonders if they have thought the process out from beginning to finish.

Ms. Bennett said there has been no government assistance for about two years now until recently when the

Council had pressed to reopen it.

Councilmember Brady said going back to the program requirements, forcing people/victims to go into

counseling, that is a part of that woman’s autonomy, if she decides to, she can. This would interfere with the

granting requirements.

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September 15, 2023, Special Council Meeting

Ms. Bennett said they run under a different program than Victim Services, they run under the 638 program

which is why she is coming before Council because Norma Moyle, from the BIA had recommended they come

before Council to see if they could get this approved.

Councilmember Guerrero said he didn’t think it was up to the Council, did they go to the Personnel

Committee? There are Personnel Policies in place they must follow plus they would need a resolution. Even

if they are 638 contracts with BIA, they still must go through administration because they are a department

and would have to go through the Personnel Policy.

Councilmember Davis asked about the line that says, “if the department has reasonable suspicion,” that

leaves it wide open for a person to pick and choose who they test which could be a violation, especially code

of ethics. The client has documented history of substance abuse, says the client went to rehab but then says

you are still going to test them, this is contradictory. She is concerned about being discontinued for one year,

everyone falls off and we are going to jeopardize this family for a year to let them come back. What is going

to happen in that time, we should be able to help them and get them in the right direction as much as we can.

If they are on IGA, they probably have exhausted or don’t even qualify for some of the other programs out

there.

Ms. Sander asked who would be doing the testing and if they would be trained and with the oral tests, they

get a lot of false positives with those. If the department will be paying for the tests, will they be taking away

from the funding for the families because general assistance is short since they haven't had it for two years.

Councilmember Della John said the Tribe was supporting general assistance because the BIA didn’t provide

it.

Councilmember Dunn disagreed because he asked if the numbers were going to increase or not. They did

discuss this before in previous years, the Tribe hasn’t contributed, and he asked why they weren’t supporting

or putting more into the services here, but the Tribe doesn’t.

Councilmember Gonzales said there needs to be more collaboration with the other departments and this

needs to be discussed more. Who is going to pay for the tests, the funds are coming from somewhere and the

question is what if the client refuses to take the test?

Ms. Bennett said if they refuse it would be non-compliant, it states on the bottom sentence an applicant or

client is considered in agreement with a drug testing policy by their signed application for assistance.

Sherry Ely-Mendes said she is hearing a lot of feedback but all Ms. Bennett is asking for is approval or denial

of the program for now and if the Council doesn’t want to enact it, she does believe this is up to the Council,

not any board or committee to come back with a recommendation, it is really up to the Council to decide

because you do give them funding for this general assistance and they will just have to figure out a different

way to do it.

Councilmember Genevieve John said if this policy was worded differently and had more structure to it, then

they would consider it.

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Councilmember Genevieve John motioned to table the general assistance drug testing policy for rewording,

review and to bring back to Council for consideration. Councilmember Della John seconded the motion.

Leona Collins, in the audience, asked how many chances are people going to be given? This process can

possibly go on for years and then what has been gained?

Councilmember Gonzales added with only so much funding to help applicants and with members being

removed for a year, do you go to the next applicant who applies and when the person who has been off for a

year are they still eligible?

Votes were seven (7) for and two (2) opposed (Brady, Guerrero) with zero (0) abstentions. MOTION

PASSED.

Councilmember Guerrero said the reason he opposed was for them to look at the Personnel Policy, Section

two, 1. Section 2-2 which is policies dealing with a department.

Ms. Bennet stated she would like written recommendations from Councilmembers that would like to provide

one.

3. Request for Approval Land Assignments with Resolutions. Jolyne Sander, Land & Resource

Chairperson

Councilmember Brady said because of recent events there has been a lot of questions and it’s apparent they

need to have a cover sheet. At the last meeting, Ms. Gonzales was before them trying to answer questions and

the comment she made about wishing she had known what was going to happen so the departments could

be there. They need to develop a forum where it’s already vetted to where it goes before the Land & Resource

Committee, the Land Manager, it has its environmental comments, goes through the Tax Department, the

Business Office, the THPO and possibly the Rangers. It seems like it caused a lot of problems because (and

she used the example at the junction) the land assignment was approved back in 2001 where Ms. Gonzales

grandmother gave her the land and from Ms. Gonzales’ comment her grandmother gave it to her to make

money but what she doesn’t recollect is for that kind of venture to go in because she always just pictured the

small water tank there. This is where further vetting could have occurred through the departments that this

venture would include digging, encroaching on tribal land, dumping, and bulldozing. If something like this

had been developed than a lot of the questions would have been answered. Then again, the land sat there for

a long time, where the Land Manager and the Committee knew who was working on the land and if there

have been any improvements. It shouldn’t be pitting tribal members against tribal members. She remembers

asking what triggers somebody to challenge or to ask for some land. It’s not fair to have someone ask for the

land and pit them against another tribal member. They know the rules, there must be a permanent fence or

something over there, but the land sat there, and it had garbage on it for the longest time, it should have

reverted to the Tribe.

Ms. Sander wasn’t sure how long it’d been there, but it was way beyond two years.

Councilmember Brady said she remembers seeing that land when she was living at the apartments back in

1990. They must do better for the protection of the person that has the land that was given to them and for

the people that are trying to have a living. There were too many questions regarding that land assignment,

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and it shouldn’t have happened because if they had the information then everyone would have been on the

same page.

Ms. Sander responded this isn’t anything against Ms. Gonzales but when it came to the Land and Resources,

she asked for the land extension, the committee approved the request, and the recommendation was coming

to Council. Before the recommendation made it to Council, which was occurring that night, all this activity

started happening. That is the reason it came to Council the way it did, because it was already out of the Land

and Resource’s hand. With the Land Manager, what is his role, was he supposed to go up there when there is

an issue? She doesn’t know what his job description says. They were both getting phone calls, she funneled

them to Mr. Frazier, and she came and talked to the Chairman but as the Land and Resources Chairperson,

she can’t overstep her bounds without the committee’s approval. That is the reason she went to the Chairman

and put it in his lap because it was already moving forward to the Council level. She thinks Ms. Gonzales was

moving a little too quickly and she should have stayed within those boundaries, and they wouldn’t have had

an issue. The committee made it clear; her land assignment request was going to Council, and they gave them

the date that it was going to Council, and they can’t do anything until they have the resolution in hand. If the

Council wants the Land and Resources Committee to step up and take assignments back, then they must do

a directive telling the committee to start looking at these assignments. It’s not the committee’s job to go out

and take assignments back. Why would they want to put themselves in that position? But if there is a land

assignment that has been sitting dormant with nothing done to it and somebody puts in for it, the application

gets posted and usually the original land assignment holder shows up and they sit down and discuss it with

both parties and come to some sort of resolution, it doesn’t even make it to the Council level. In her opinion

they are doing their due diligence and ordinances do need to be updated. They have been discussing changing

the application and having a check list, so the application goes to environmental, housing and the Cattleman’s

Association because there have been issues with assignments and the Cattleman’s Association.

Vice Chairman Wadsworth stated all the policies, not just tribal need to be updated. To remind the Council

these land assignments are approved through resolution and the only people who can rescind resolutions is

Tribal Council. They can’t even bestow that power to the committee to take away land assignments, they can

only make the recommendations for Council to rescind.

Mr. Frazier said with the routing through the different departments, it’s not the responsibility of the Land

and Resources Committee to do that, it’s the individual’s responsibility to get those verifications.

Ms. Sander agreed with Mr. Frazier, it’s a part of the application process and the responsibility is on the

individual to walk through the departments.

Councilmember Brady said how much are they enforcing or what is the expectation? With the applications

in front of them, why do they have to have to ask for ages, on another application it says, “see attached for

the business plan”, where’s the work plans, do they get to see them? That would have been helpful in the case

at the junction if they were able to see what was supposed to happen there. There are still people who don’t

know they need to go to the Tax Department, TERO, or the Business Office because everyone is operating

separately. With the cover sheet, at least they know they need to follow these steps.

Mr. Frazier said they are notified at the committee meeting on what they need to do. In regard with the work

plans, this topic has been before Council before, why aren’t work plans attached? Work plans were

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designated for the committee. Does Council want the committee to make the recommendations, or do you

want the work plans attached so Council can make those decisions? His opinion is it’s a committee decision

to review the work plans.

Councilmember Guerrero said policies are in place or even submitting a complaint through the Tribal

Secretary’s office. Even if it’s commercial, he did talk to Mr. Frazier and the Business Office to see if there

were permits. If there was a complaint, they should have followed the 7.03 complaint process. Everybody got

calls and he came in and asked questions, there is nothing they can do. The committee made a

recommendation to approve the extension, but Council made a motion to put it back on the assignment. He

wished they would have followed the complaint process, it’s in black and white.

Ms. Sander asked since the Land and Resource Committee only makes the recommendation to Council,

maybe Council needs to have something in place for the complaint process. Again, when she started getting

the phone calls, she came and spoke with the Chairman because she can’t address the issue without the

consent of the committee. Bringing it to the Chairman, he should have addressed the issue. He should of went

up there with Mr. Frazier and taken care of it, then go back to whomever made the complaint to let them

know there is a complaint process and to put it in writing.

Councilmember Ely said he thinks there is a process but also thinks they need a form. If they do follow the

policy like Councilmember Guerrero states and put the complaints in writing and then when they ask the

land assignment owner if they received approval for a driveway, will they be asked if it’s in writing? Did they

get approval from environmental that an environmental assessment is not needed and is it in writing? If they

are going to ask the tribal members to put their complaints in writing, there should also be a written

document by the land assignment holder saying they went to these various departments.

Ms. Sander said they will have a new application with a check list within a month by the time for the next

meeting because it has already been developed.

Ima Scott, in the audience said when land assignment requests are submitted, one of the first things they

check for is if the all the blocks have been filled. There is also a complaint process and it’s posted for 20 days.

If there is a comment or complaint they can go to the Land and Resources Committee within that time and

submit a complaint. So, when an applicant is made aware of something, like stated in writing, the land

assignment contact knows what to expect and by not allowing this, there is no due process. This person did

submit a plan which was in their minutes, there was a plan for the piece of land given to her by her

grandmother and she was trying to fulfill her grandmother’s dream.

Councilmember Brady said in response to trying to push something through to where there was no time for

a quick response, it was impossible, but they should have known of the adjacent landowner and there was a

potential for conflict.

Ms. Sander reminded everyone that these questions could have been answered at that Council meeting but

because Ms. Gonzales moved forward before getting the approved resolution, that is the reason everything

snowballed. They try to get everyone to attend when their land assignment is coming before the Council in

case questions come up and they did ask the question about the roads, but she doesn’t think the committee

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was aware that all this was going to occur so soon. Everyone knew it was coming before the Council and

figured she would wait for the resolution to be approved for the extension.

Ms. Gonzales said she is hearing a lot of suggestions and comments and if that is the case, it should be that

everyone attends the meetings with the Land and Resources committee. They have been suggesting that for

all the boards that they meet and collaborate. The processes are in place, the complaint process is there, and

that land was cleared before they even went to Land and Resources. There is some confusion, the maps, what

the site was,and there are survey stakes there. She collaborated with Mr. Frazier a lot and understood he

was on leave and has been doing his best to accommodate everyone and he can attest that they have spent

countless times speaking trying to make sure everything was in place. She asked Ms. Sander how many

assignments have drone pictures and coordinates?

Ms. Sander said there are some that have drone pictures and coordinates of their land assignments.

Ms. Gonzales stated she knows Mr. Frazier did the best he can but it might be good to have certified surveyors

to help him out because he is doing his department by himself. There were 120 vendors out there for Burning

Man and how many assignments were looked at or visited because now they can see there were some

assignments where tribal members weren’t on their assignments, and were those residential, commercial,

or agricultural assignments. She thinks if they treat everyone fairly with the process that is in place already

and if there was a concern, come to the meeting, and let them know. She had no idea there were questions

and rumors going on. It’s a good thing they have people who are trying to do something economically here.

There are a lot of tribal members who are trying to be business owners but if you tell them, because they are

a Councilmember, they can’t do that, then change it. When you run for Council, please change it where it says

you cannot have a business or can’t do anything economically without being accused of misusing your

powers. There are suggestions on how to change the process, they must go to the boards and the committees,

if you don’t like the application. There have been many applications they have looked at with the

recommendations of the committees and boards but why this board or this individual? Are they going to

start targeting certain families? And then they are expecting the committee to police the tribal assignments,

there are some old assignments out there.

Councilmember Genevieve John said her problem with Ms. Gonzales was her actions taken in her direction

to expand the land assignment which had not yet been approved by the Tribal Council. That is the problem

she is struggling with because as Councilmembers they are supposed to adhere to policies. What do they do

when one of their own doesn’t? and it’s hurtful to her because she thinks of her as a good, strong,

Councilmember, however, she doesn’t understand Ms. Gonzales’ actions on her last assignment on why she

acted in a way she did by not waiting for Council approval before she acted.

Ms. Gonzales said the land or some of the land was cleared before. She offered to walk the area with any

Councilmember or community member, and she could show them original survey stakes in question. That is

where the line went up to. She thinks it’s great if everyone had coordinates in place. The only stake that was

in place was the store stake and apparently, they weren’t correct. Also, if you look at the electrical from where

her grandparents had it, the electrical would have been off and it’s been in there since they put in the store.

Councilmember Genevieve John asked about the other land assignment request presented, didn’t the Tribal

Council state that all residential assignments would be at 10 acres?

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

Vice Chairman Wadsworth said looking at the policy it is one acre.

Councilmember Davis asked if there was a limit on agriculture? Or are there any other limits besides the one

acre?

Ms. Sander said there is not a whole lot of agricultural land out there.

Mr. Frazier said the only limitation is for a home site which is at one acre.

Councilmember Della John said that once you get a home site you can’t lease it out, they tell you that once

you get approved because she just got a home site.

a. Hilana Ely

Vice Chairman Wadsworth said he is confused about how it got to this point for the land assignment request

for Hilana Ely because it states 30 acres, and it should have stopped at the board level because it is going

against policy for one acre.

Ms. Sander informed the Vice Chairman that Ms. Ely is requesting a home stead.

Vice Chairman Wadsworth said the application says home site.

Tribal Council moved on from discussion about Ms. Gonzales’ land assignment to Hilana Ely’s Land

Assignment request.

Councilmember Brady said she would like to see a copy of her work plan.

Ms. Ely said one was attached to the request, but she will read it from her copy. First, she will clear all the

sagebrush in the assigned area and start creating a gravel road to make traveling easier for construction and

further development. Then they will build a water tank with a minimum of 100,000 gallons of water and

place a small field of solar panels next to it along with a large gas tank. They will also use a septic tank for

waste which they will install themselves. Once all this is complete, they will start on the main house and start

establishing a fence line around the land design. If possible, they would obtain animals but that is the longterm goal. With the water they would also be able to grow things on the land. In conclusion, the purpose of

the land will be generational for their children, grandchildren and so on to build their homes on the land

assignment as well. They do plan to build a large house because she always wanted generational land to grow

and develop. She is outgoing and has had pretty high goals that she likes to achieve. She also included they

will not have any need for PUD or to be connected to power lines. They would basically be on their own.

Councilmember Davis said they still need an answer to the Vice Chairman’s question.

Ms. Sander said Ms. Ely originally asked for 60 acres but after looking at it they asked her to downsize, which

she did and once she develops this assignment, she can ask for an extension.

Ms. Ely said if it’s needed, she could also provide her progression throughout to show what she had done.

Councilmember Della John said the ordinance allows them to approve 10 acres, would she be okay with that?

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September 15, 2023, Special Council Meeting

Ms. Ely said it wouldn’t fit what she is requesting.

Ms. Sander reminded Council they have brought forward applications requesting 60 to 100 acres.

Vice Chairman Wadsworth said she is requesting a home stead but that is not what she is requesting in the

application and it’s not what is reflected in the committee minutes. They have had discussions multiple times

about minutes being accurate because of something like this. This just says Ms. Ely is requesting 30 acres in

the Little Nixon area and plans on using the site for a future home with the intent to have it completed in the

next five years. There were no protests, work plan was submitted, votes were 3 for and 0 against, this is a

home. He is not sure what part Councilmember Della John was looking at for the 10 acres or it could be he

has an outdated ordinance, but the ordinance he is reading says in section 6.02 one acre for home site and

that is what is reflected in the minutes. This is his issue.

Councilmember Guerrero said either way what recommendation was given, and Councilmember Della John’s

recommendation was 10 acres. With the commercial assignments and the store, when Della John put in for

it, they asked for more, but Council said this is how much you're going to get.

Ms. Ely said her idea is the term that she had known it to be as a generational compound, its’ where families

develop and have a neighborhood of houses and that is what she wants. She wants a big house, to grow a

garden and she does have plans which she created and plans to follow. Again, she can provide her goals and

show what she has done. Spacing is going to be a big issue because of the sizing of not only the house but the

tanks and the solar panels and making sure they are not right on the back window of the home.

Vice Chairman Wadsworth motioned to table until there is clarification on whether this is for a home or a

homesite due to the wording in the committee minutes. Councilmember Dunn seconded the motion. Votes

were seven (7) for and one (1) opposed (Gonzales) with one (1) abstention (Ely). MOTION PASSED.

Councilmember Gonzales opposed because it doesn’t mention any description about the homestead and the

home site in the Land and Resources (Ordinance?), so it can be interpreted as both and it doesn’t state

anything about the definitions.

b. Natalia Gonzales

Ms. Sander said they have just discussed this, and the committee is making a recommendation for approval.

Councilmember Dunn motioned to approve the Land Application for Natalia Gonzales. Councilmember

Guerrero seconded the motion with a recommendation to not extend to the south boundary of the Dunn Road.

Vice Chairman Wadsworth said he will be voting no because Ms. Gonzales explained a lot at the last meeting

and even tonight where she said she was unsure of the coordinates. He is not buying that because her original

land assignment is square and they went to a roundabout road, it doesn’t make sense.

Councilmember Guerrero asked Mr. Frazier if the old assignment was drawn in or was it a new one?

Mr. Frazier said it was his best shot at deciphering from a hand drawing to a paper copy, which is not valid.

There was no rectangular assignment or no other or older assignments.

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Votes were two (2) for and six (6) opposed (Davis, Genevieve John, Ely, Wadsworth, Della John, Brady) with

one (1) abstention (Gonzales). MOTION FAILED.

Councilmember Gonzales stated considering everything that has happened she wishes everyone would be

fair and follow the process and not attack certain people. There are others who have the same interest in the

same kind of development or business. She thought they were there for policies and to uphold them and it’s

sad to see they have some that aren’t following it, and it goes to certain tribal members, and it doesn’t go to

everyone. They just denied a tribal member from public comment from being on the agenda for how long he

has been coming to get help. They tell their members you have a complaint you must write it and make it

formal, it’s not hearsay, it’s unfortunate that it came to this and out of 120 vendors, one was visited, one was

complained about for a month. They are not supposed to go beyond their duties and that is where the lines

were not drawn.

Ms. Sander asked Councilmember Gonzales who draws those lines? Council does.

Councilmember Genevieve John said the reason she opposed was because of the actions Ms. Gonzales took

before her request came to Council for approval and that wasn’t right.

Vice Chairman Wadsworth agreed with Councilmember Genevieve John, it was his whole reasoning that Ms.

Gonzales went outside of her lines and to him that is a violation of the public trust because it was discussed

at the last meeting, essentially clearing, and leaving trash on tribal land that didn’t belong to her. It was a

violation of the trust of the people when using their land without approval.

Councilmember Davis voted against it because at the last meeting, two meetings ago they heard that she

wasn’t sure of where the land assignment was and where the coordinates were. But the area that was cleared

was an oval shape, so if you move 1.5 acres on any of the sides it’s still 1.5 acres. She showed Council

something that was given to her by a clerk from the Nixon Store, it’s an advertisement for the carwash that

occurred over there. She is sure that anyone that went to the Nixon Store saw them. On the back of the flyer

is the land that was cleared, so she can’t tell them she didn’t know what her land assignment was when this

was cleared and set up to the tee until they got to the meeting and asked that everything be moved. It’s

outside of the boundaries and back onto the 1.5 acres.

Councilmember Brady added because of the rumors she did walk the land and saw where it was bulldozed.

She did see where the remnants of the trash trailer or the trailer that was burned down ended up becoming

more trash. There is concern about some of the things that came out to light when the picture was shown

and there needs to be an investigation because there is potential of somebody, who was on her watch under

her business, who were using the tribal dumpsters to throw out trash that belonged to that commercial

business.

Councilmember Dunn asked are they were going to penalize her after the fact when it’s already done with or

what are they doing?

Councilmember Brady said they are talking about misuse of tribal funds.

4. Request for Approval Contract Big Picture Development Group Museum Roof Repair. Sherry Ely-

Mendes, Programs Office

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

Ms. Mendes said this is the same deal with due diligence as far as getting bidders on the contract, but they

were the only company that had people that came out and had people employed who knew what to do. They

climb around the rock and discover there are rocks that are missing and is falling apart. Their proposal is to

replace all of it and to redo the mortar then seal everything. The sealant is something they will have to rethink

about because they said it should be resealed every two years. This is the biggest part for getting the leaking

to stop. It’s very important they get this work done.

Councilmember Guerrero asked about a maintenance plan. With all these projects there is always high

maintenance on these costs, they should implement it into the budgets.

Ms. Mendes said the reality from this point forward is once they fix things, the Tribe must be committed to

taking care of the buildings by putting a contractual budget in the line item for the buildings or maintenance.

This is also listed on the list of projects that were provided to Council for the capital improvement projects.

The dollar amount is $90,529.73.

Councilmember Genevieve John motioned to approve the Contract for Big Picture Development Group for the

Museum Roof Repair. Councilmember Davis seconded the motion. Votes were nine (9) for and zero (0)

opposed with zero (0) abstentions. MOTION PASSED

EXECUTIVE TEAM

1. Executive Office. Report submitted.

The Executive Officer provided his last report before his resignation on September 8, 2023.

2. Business Office. Benjamin John. Report submitted.

Mr. John provided an update regarding getting the Non-Disclosure Agreement (NDA) as previously discussed

with Council, they were asked to provide a letter of interest to a person of higher authority, but their response

was at this point they didn’t think an NDA was necessary. He responded back to them in an email stating the

Tribe has other interests they need to protect so without an NDA there was not a lot they could talk about.

They did send them the NDA and will be setting up a meeting with them the next week to move forward.

There are other projects that come with this, but they only want to concentrate on one major project first,

they don’t want to move too fast they want to make sure all steps are covered and to ensure the Tribe is

protected. The first one is the Travel Plaza, Ms. Thomas stated there were issues with the amount of coverage

for the two groups that were going to do the design and architecture, but he sent the numbers to the

consultant he is working with, and they don’t have an issue adding the rider to their insurance. Once they

receive it back, they will move the contract forward to Council to put them under contract.

He is not working with Ms. Thomas anymore, they have hired another attorney at their law firm, so

everything he is asking is being directed to this other attorney. His opinion is he is slow, so with the solar

section of the Hearth Act, they will probably end up just doing it here and sending them a copy. He is going

to reach out to the other group in Reno and see if they can provide quicker service.

Councilmember Genevieve John asked if the Chairman has put out an RFP for attorneys?

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

Chairman Phoenix said not yet but he has drafts that he was working on and has copies from Michelle Lee

and from some other Tribes. He will get on it next week because he knows it’s priority.

Councilmember Genevieve John said it’s important because they really shouldn’t be working with an

attorney who is not under contract.

Mr. John said another important topic was the elective pay for green energy, the tax credit which Ms. Thomas

mentioned a little about but it’s not the same thing they are looking at as another business opportunity

because it’s more on a community scale rather than the utility scale which is the other topic they are talking

about with the NDA. Part of what was changed in the law was it’s good for the Tribe even though we don’t

pay federal taxes, they will pay the Tribe as if we had paid the federal taxes so we will get a credit and they

will pay the Tribe that amount. It’s something they need to not lose track of, but he is not sure if it should go

through Housing Authority or administration. This is something he will investigate more.

Councilmember Ely said he is welcome to attend the Housing Authority’s collaboration meetings to discuss

it more.

Councilmember Brady asked about the Food Distribution Center and the moratorium.

Mr. John said he didn’t issue a moratorium, it’s what he was told. The manager tried to add items to their

agenda but was told they have a moratorium and they tabled it.

Councilmember Brady asked the Chairman to follow-up on the moratorium from the Personnel Committee.

Councilmember Davis said she thought it was only supposed to be a hold not a moratorium until they did the

3%.

Mr. John said he was told it was after the 3% that she said her items were tabled. She was asking him, but he

didn’t know anything about it.

Councilmember Della John said the Tribal Council passed a resolution in 2014 that they were following that

as Burning Man vendors for the food handlers. How many tribal member vendors are there.

Mr. John said he didn’t know; he didn’t separate them like that, but he read the resolution just recently and

how it’s written is it regulates tribal members, but it doesn’t regulate non-tribal members. Non-tribal

members are given the same information as vendors and food handlers and require the same legal food

handler cards. He doesn’t tell them the Tribe doesn’t have jurisdiction over them, he just tells them what goes

with the permit, and they provide him with the information.

Councilmember Ely said he was confused. The tribal member vendors on the reservation, are regulated by

the Tribe but we allow other vendors to come onto the reservation and they are not regulated?

Mr. John said they are not regulated in the sense that the resolution that Della John is referring to, but they

are basically required to follow the same rules before they are issued a license. The resolution from 2014,

the way it was written doesn’t specify non-Tribal members.

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Pyramid Lake Paiute Tribal Council

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Councilmember Genevieve John asked if the resolution shouldn't be updated to include everyone rather than

just Tribal members?

Councilmember Davis said maybe a year or two before that resolution was approved the Council made a

motion that only tribal members are allowed to sell, you had to be Pyramid Lake tribal member and if you

were selling food, you had to have a food handlers card. You had to follow certain rules, but only Pyramid

Lake tribal members were allowed during that specific time because it gave the tribal members a little bit of

extra to earn something for their families. It was only to be open to tribal members. You might want to check

with the Tax Department because they regulated it at that time. You had to apply and get a tax card and show

your tribal ID. And the trash people had to have approved trash receptacles.

Ms. Mendes said that’s the clarification that needs to be clear because the whole market behind the Nixon

store is a non-tribal member vendor group, but it makes money for the Enterprises. It’s a good venture but

everyone needs to get a business license, but the Tribe should also have a building code which the Tribe can

follow for inspections.

Mr. John said the resolution Della John was talking about only covers tribal members, but the business license

ordinance covers everybody.

Ms. Mendes said if they are non-tribal and they are selling to non-tribals, they must have a seller’s permit to

assess their taxes and that tax goes back to the Tax Department. There are two separate processes.

3. Programs Office. Sherry Ely-Mendes. Report submitted.

Ms. Mendes said they were nominated and approved to be the project of the year for the Wadsworth Walking

Path for the State of Nevada. This was a huge collaboration between NDOT and their staff and the Tribe and

staff. At the National Lifesavers Conference this year, the NDOT Safety Director is going to be a part of a

presentation on how to collaborate with Tribes and their project will be the highlight of it. She attended the

presentation in Las Vegas for it and Pyramid Lake is on the radar with NDOT. They did a tribute to Office

Francone and to Officer Reed for all her work in the schools with the kids.

Councilmember Davis said she was happy to see the area cleaned up by the Roads Department. The kids

walked and stayed on the walking path, then stopped and waited for the guard to come out especially during

the Burning Man traffic. It was awesome not seeing them walking on the side of the highway and jetting

across the road like they used to do. ’

Ms. Ely said she did mention that it made a huge difference in driver behavior. Drivers slowed down because

of the big flashing light telling them to slow down and the lighted area, people can walk the area at night

because you can see them. It was a good project but didn’t expect it to go to that level but it was cool!

Councilmember Guerrero said he was going to put in a complaint about the roads department they can’t even

fix their roads up north that they put requests in for. These are roads that are in the inventory.

Ms. Ely said they only have one person now; she prioritizes it if he wants to give her the paperwork or the

name of the roads or have things that need cleaned up give her a call. She had the award to pick up and if

they decided to come out and take pictures of the pathway two weeks ago, shame on them because they

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

signed off to be stewards of it and she approved it to be cleaned up. She wishes they had a bigger maintenance

department. If there are any requests send them to her or call her.

Councilmember Guerrero asked if the Council could give information or a directive to the Chairman for the

ARPA funding from the State and the Nevada Indian Commission. They got $740,000 that is sitting there to

be divided between 28 tribes. It can be used for community development, for the seniors who will be getting

a new building in the next couple of years, maybe buy them new tables, chairs, or anything else they need

when that gets built, set it aside. Purchase Lake Ops equipment to screen and clean the brushes at Pelican

Point because it’s a maintenance issue. He has a big list of recommendations he can provide. This was brought

up at the ITCN meeting the prior month and they asked the different tribes to put in for it, but Pyramid Lake

didn’t respond. It’s available until the end of December 2025.

Councilmember Genevieve John recommended new stoves for the Wadsworth Community building, the oven

door would not open, and possibly check the other buildings.

Councilmember Ely stated he visited with the previous Chairperson, and she said she sent a response to you

(unsure who “you” is) and to the Tribal Secretary in July. He thought it was for infrastructure and thought it

could be divided into three ways for the maintenance of the gym and the museum. He is not sure if Johnnie

Garcia ever received his $100,000 for his Vidler request, he could get some of this and there is another big

project out there.

Councilmember Guerrero said there is funding for infrastructure, but he thinks tribal members or seniors

are in need. There are grants out there and you just must go out and find them.

Ms. Mendes reminded everyone to please email her with the information.

Councilmember Della John said they also have $350,000 in State funds set aside for climate change that came

across from the Congressional people. There were three tribes that received it, but she hasn’t heard anything

about it. She took it to the Water Team, and they didn’t know anything about it. And to note, Council must go

through the Chairman’s office to ask any questions of administration.

Councilmember Gonzales said back in 2021, ITCN did ask for Tribes to participate in some of the COVID and

ARPA funds and some of the tribal members in that meeting expressed disappointment in finding out the

Chairwoman at that time did go and ask to be a part of that. In addressing Councilmember Della John’s

comment, with the precedence that been in place, any Councilmember can go to any department and

personnel now and ask questions.

Ms. Mendes said she would prefer that correspondence be cc’d through the Chairman’s office and she can

talk to him about it like she does with any information she receives.

Councilmember Guerrero asked about the Opioid Lawsuit, and would like the Tribe to talk to Wes Williams,

legal counsel to see where the Tribe stands.

Councilmember Dunn asked about the Boys and Girls club, he recommends the Wadsworth gym since the

Tribe just acquired it then they can fix it up.

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

Ms. Mendes said that when they have a facility, they want it specifically designated for them at least four to

five hours a day. Nobody else. So, they must be committed to giving a building or facility up for that period.

That is why they were thinking about the daycare center because it has space they can hand over in Nixon

and not Wadsworth. She hasn’t had time to put a big effort into this along with the Parks and Rec and JOM

programs because of their summer activities but she would really like to see this happen. With the financial

side of it they must have good insurance to do the program and they are down one Executive Team member

again and there are a lot of stuff going on that is slowing it down and services to the community members is

the utmost importance.

COMPTROLLER. Sharyn Pearson. Report submitted.

Ms. Pearson said the one thing they are focused on now is getting the 22-audit done so they can start on the

23 audits. They can’t get the indirect cost percentage until they complete the 22 audits so that is why they

are focused on it. They have two consultants working on it and she is spending a lot of time with them. Noted

they have a good finance team, but they are shorthanded. She put job postings for accounts receivable and

accounts payable and received applications the next day for accounts receivable which was welcome news.

Regarding staff, she would like to make sure all staff has all the training they need to be successful. Using the

MIP system, they have scheduled training at the end of October and November. Anyone interested in learning

is welcome to attend. They have some projects that they would like to do but she would like to run those

through the Chairman first before presenting to Council. Some of those projects will rely on a lot of policy

review which is one of their focuses to ensure they work for the department.

Councilmember Guerrero requested a report of percentages of the budget line items quarterly. They haven’t

seen where they are for a while.

Councilmember Della John said they approved an assessment of the Finance Department, and it would help

them determine if they are understaffed to conduct business.

Ms. Pearson said the company is Moss Adams, a request was done, and Moss Adams was the only one that

responded and said they would be interested. The object of this project is to perform an operational and

process assessment of the Pyramid Lake Paiute Tribe Finance Department.

Councilmember Brady asked where they with the directive regarding Johnnie Garcia’s request with the

Vidler fund are.

Chairman Phoenix said they will be looking at it and it’s one of their projects for the next week.

Councilmember Ely asked if in the scope of work does it cover accuracy? Personally, he thinks there is an

issue with accuracy, accountability of where the money went, what line item it went to, it was moved here

but then kind of lost it and it’s back here again. Does it cover accuracy in the scope of work?

Ms. Pearson said it will cover job descriptions for the different staff and part of accounting is that break or

internal controls. A lot of it is because of being short staffing and turnover but it should be the mainstay of

accounting with accuracy and efficiency.

CHAIRMAN’S REPORT. James J. Phoenix, Tribal Chairman

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

Chairman Phoenix provided an overview of his report: Brian Wadsworth, Executive Officer resigned which

left a gap that they are trying to cover. Tricia Conner, Contracts and Grants has an assessment that she is

ready to kick off, they will be providing dates for Council to interview and provide input. She also attended

the US Census Bureau meeting. There is also the meeting with the Bureau of Indian Affairs and the Tribal

Court. He attended ITCN and met with the director. He will be reaching out to Toni Burton regarding the

flyovers to define and find out what is going on with the low flying aircraft. Ben John is coordinating a debrief

of Burning Man to come before Council. Regarding the fallen officer, working with the HR office to ensure the

paperwork was done and taken care of. Then there is the Ranger incident, which was a big social media event

that went viral. The Chief of Police Parsons took care of that which was a personnel matter.

Councilmember Davis asked about #4 on the Chairman’s report regarding the Executive Officer, Brian

Wadsworth’s resignation. It stated, “the Chairman, will take on the duties (of the Executive Officer). Why is

the Chairman taking on the duties and not dividing them between the other two Executive Officers, the

Business Officer, and the Programs Officer?

Chairman Phoenix said they could have divided them up, but he took it upon himself because their programs

are already running and it’s just more stuff for them to do. It was a decision he made.

Councilmember Davis thinks it should be divided among the Executive Team because it was done before Mr.

Wadsworth came on. The Chairman’s job as the elected official is to be out there in the public and referring

to what Councilmember Genevieve John asked about the RFP for the attorneys, were they posted yet and the

response was no. That is something that is priority than signing purchase orders. Your time should be spent

doing official business. Next question is about number 11, your attendance at the ITCN staff meeting, the

Washoe Tribe do they vote as one or how do they vote? Chairman Phoenix said he wasn’t sure but thought

they voted independently between the communities. Councilmember Davis said she would like it brought up

on behalf of Pyramid Lake that if the Chairman is sitting in a meeting and there is five of them that is

representing Stewart, Carson, Washoe, Woodfords, and off reservation, you need six other Tribes to vote to

get a pass just one Tribe. They are one Tribe, one vote. Another item, in the minutes they just passed, they

wanted to setup a follow-up, either in July or August, the fire and EMS to see how they are in their budget,

looking at their overtime. This was something talked about when they did the budgets. She would like this

follow-up. And lastly, Contracts and Grants, Ms. Conner has been before them almost every meeting with at

least two items, she would like to see, and she has asked this before, that she be place back in the Contracts

and Grants office, so she is assessable to the departments. This is because anytime the Finance Department

closes, she is locked in there also.

Councilmember Dunn asked about the plan now for the Executive Officer, are they gong to go back and look

at the next candidate who was not selected for the position.

Chairman Phoenix said they are not going that route, but the position has been reposted.

Councilmember Dunn asked when they are going to end the interims, how long are they going to extend those

positions and what is the plan for it.

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

Chairman Phoenix said historically they are put in there for 90 days but then nobody puts in for the positions

so that is where they are at. It’s a tough one, do they put in for a developmental training to Personnel to make

a change. If they don’t have people to fill in the position, what do they do.

Councilmember Genevieve John said if you put them in for 90 days then extend them for another 90 days,

why don’t you hire them? If they are qualified to be in the position for 90 days, then you should hire them.

They are doing a disservice to those employees by not providing them any benefits. For the Tribe it’s good

because they are not paying those expenses, but they wonder why people don’t want to apply because they

are not taking care of them.

Councilmember Dunn said he needs to look at those who are on interim status because they should not be

allowed to be accumulating leave according to policy but there are some cases where it’s being allowed.

Leona Collins, in the audience, said the Tribe goes by a 90-day probationary period and she can’t see how the

Tribe can make a good valid assessment on an employee in 90 days. They should look at extending that

probationary period before they become permanent.

Councilmember Dunn said to keep in mind there is no authorized training while in that time.

Councilmember Gonzales thinks that is a disadvantage to them also because they’re asking them to come

into these positions but no allowing them to get training.

Councilmember Dunn said that is what they are hired for, they should already have those certifications.

Councilmember Ely said at the last meeting the Chairman had a lot of follow-ups and he had two but

wondering where he is at with those follow-ups.

Chairman Phoenix said the RFP was one, but he couldn’t remember what the others were.

Councilmember Ely said his point is he doesn’t think the Chairman has time to take on the duties of the

Executive Officer.

Chairman Phoenix said they will end up splitting the duties with the Executive Team.

1. Request for Approval to forward litigation memo to NUMU Inc.

Vice Chairman Wadsworth explained Ms. Thomas gave them the litigation memo a couple months ago about

the questions and what needs to be done for the lawyers for the Lodge conveyance which is Council

privileged information but NUMU Inc. is requesting it to be forwarded to their attorney so they can use that

document in the proceedings in the land conveyance. They only had one meeting for NUMU Inc. but the CEO

and the attorney, Raybear was given information to actively search for a firm for a realty litigator.

Councilmember Ely said it was recommending the NUMU Inc attorney and the Owner’s attorney that NUMU

Inc. acquire a commercial realty attorney.

Vice Chairman Wadsworth said what Quarls & Brady developed would help with the litigation.

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

Councilmember Davis made a motion to approve the Tribe’s Litigation letter from their attorney to be

presented to NUMU Inc. Board. Councilmember Dunn seconded the motion. Votes were six (6) for and zero

(0) opposed with three (3) abstentions (Wadsworth, Della John, Ely). MOTION PASSED.

Councilmember Guerrero spoke about the Leadership Workshop he attended and wished more

Councilmembers attended. They discussed issues that every tribe has, following policies, formed groups, and

had discussions on solutions. The workshop will occur again in another two years. He will provide a report

to Council.

Councilmember Genevieve John said if there are programs that have policies that haven’t been reviewed or

approved by Council within the last four years, they probably should do that now.

Councilmember Gonzales asked that the Council be on the same page for the NCAI conference, what is going

to be discussed, what are the Tribe’s concerns, so they know what is going to be presented and they are all

in agreeance.

Councilmember Guerrero mentioned the meeting from Washoe County regarding the zoning in the Sutcliffe

area.

Gina Wadsworth, in the audience, asked why the Tribe Council is allowing Washoe County to zone the

reservation, they must follow the Tribe’s rules, even if it’s on fee land because they fall under the Tribe’s

jurisdiction and the Tribe doesn’t have zoning. Why is the Tribe allowing them out here?

Councilmember Ely suggested sending them a letter and let them know the Tribe doesn’t recognize their

zoning laws within the boundaries of the reservation.

Councilmember Guerrero suggested going to the Tribe’s assemblyman to see where the Tribe stands.

Councilmember Guerrero motioned to move into Executive Session. Councilmember Dunn seconded the

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

Tribal Council moved into Executive Session at 9:39 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 9:47 p.m.

ADJOURNMENT

With no further business before the Tribal Council, Councilmember Genevieve John made a motion to

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

motion carried.

The meeting adjourned at 9:49 p.m.

Submitted by,

Phun Of eary.

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Pyramid Lake Paiute Tribal Council

September 15, 2023, Special Council Meeting

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 1st day of December 2023, having eight (8) members

present, constituting a quorum, by the vote of seven (7) FOR and zero (0) OPPOSED, with zero (0)

ABSTENTIONS.

Minutes attested and concurred by: EE... hbo =—

Steven Wadsworth, Vice Chairman

Pyramid Lake Paiute Tribal Council

//

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