# Pyramid Lake Paiute Tribal Council (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3Ab1868783b4b2ed65 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 February 16, 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 II, Councilmember Della John, Councilmember CALL TO ORDER Chairman Phoenix called the January 20, 2023, 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 Council Secretary. All Councilmembers were present at roll call and a quorum was established for this meeting. APPROVAL OF AGENDA Councilmember Guerrero requested an Executive Session after Chairman’s Report regarding personnel. Councilmember Genevieve John motioned to approve the agenda with addition. Councilmember Brady seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED PUBLIC COMMENT. Latisha Rosales. Ms. Rosales said she submitted an appeal regarding a land assignment but didn’t see it on the agenda and wasn’t sure where she would comment. It was agreed she would comment when the land assignment in question was discussed. CONSENT AGENDA Following items were presented on the Consent Agenda: 1. Approval HR Classifications: 212 Secretary II, 379 Transportation Safety Coordinator, 514 Transportation Planner, 385 Administrative Investigator, and 354 Background Investigator 2. Approval Ratification Poll Vote Elder Energy Requests Diane Scott, Ronald Guerrero and Shirley Kaneshige. Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting 3. Approval Wes Williams January 2023 Invoice #4055 4. Approval Group Donation Nevada Urban Indians Inc (NUI) Health Fair & Youth Wellness Contest Powwow, March 4, 2023 5. Approval Elder Energy Request Victor Tobey Councilmember Ely motioned to approve the Consent Agenda. Councilmember Davis seconded the motion. Votes were seven (7) for and zero (0) opposed with two (2) abstentions (Dunn, Guerrero). MOTION PASSED PRESENTATION 1. Silver State Government Relations Update. Will Adler, SSGR Mr. Adler said they expanded their scope since representing the Pyramid Lake Paiute Tribe at the Nevada Legislature. When they first started it was one topic which was water, to make sure they got more water into the lake. This was the core goal to make sure the resources the Tribe relies on are there. The Nevada Legislature has expanded its scope and what they are seeing more of is social issues and tribal educational issues that the legislature wants to work on. He introduced Teresa Melendez as a new member of the Silver State Government Relations team, and she will be taking the lead on a lot of the social and educational issues as he gets busy in water meetings. Ms. Melendez introduced herself. She has worked as a community organizer working to uplift indigenous issues and solutions, often through grassroots organizing the legislative process and is grateful to be joining the Silver State team as a tribal lobbyist for this year’s legislative session. In 2020, there was the highest native turnout of the election which led to 2021 where there was the greatest number of tribal impact bills in the legislative session. Their flagship bill, last session was the Nevada Indian Tuition waiver or the Native American fee waivers which was monumental. They have the most progressive tuition waiver in the country that doesn’t have a blood quantum requirement. It’s written where if anyone is a descendant of a Nevada tribe and your enrollment department verifies descendance then you qualify for fees or tuition waiver. This applies to all degrees, certificates, associates, bachelors, masters, PhD, law school and so on. This year they are looking to expand the bill and introduce several more. Been told by people who have been in the business a lot longer than she has have said it’s historic in the legislature where tribes were there to be seen and heard for a few hours, they were advocating for bills that were a page long. Three of the bills have to do with education, the first being HB73, the Graduation Bill, for students to be able to wear their regalia when they walk through graduation either as a high school or college student, currently it’s a school-by-school policy; AB150 is the tuition waiver bill. When they wrote the bill last session, they didn’t realize some of the terminology and some of their language was not on point. Currently if you were taking classes, this tuition waiver doesn’t cover your winter or summer classes and they want to ensure it covers year-round. There are loopholes like dual credit students, high schoolers that were taking college classes and this current revision would include all Natives calling Nevada home. You would have to be a citizen of the State of Nevada for at least one year or graduate from Nevada High School. Their flagship bills this session is the Owyhee Combined Schools funding bill, currently that K through 12 school is sitting on a hydrocarbon plume and there are cancer clusters in the community and people thinkit’s correlated to the school. The school is in disrepair and needs to be rebuilt. The hydrocarbon plume is a result of the BIA dumping toxins into the soil so at no fault -2-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting of the tribe or the school district; the Native Vote, Pyramid Lake Paiute Tribe has been a longtime champion for Native Voting Rights. The Tribe being considered as voting right advocates in the State. They want to replicate that model across the State in rural areas. Every tribe is afforded the right of the county seat for two weeks of early vote on election day, as a tribe wants to opt out or to have less days they can, but the County Clerk needs to plan and budget accordingly. Now they often say they don’t have the staffing or the budget to accommodate the tribe’s requests and they don’t honor them; bill BDR (bill, draft resolution request) #892; AB125, Missing and Murdered Indigenous Peoples bill, they want to follow suit and best practices with what is being done across the country to move forward with a resolution. Assemblywoman Che Baucus, the only Native American woman ever to be elected to the Nevada State Legislature, she lost her election last session but won it back this session, is chairing the tribal impact bills and is championing this bill. It’s to create a statewide database to be able to start tracking and communicating with departments; BDR 797, Indian Child Welfare, State Protection. Currently Indian Child Welfare is being attached at the national level with the federal lawsuit, the Brackeen vs Haaland, this would be a State patch so if ICWA bill gets overturned at the federal level, they will have a State patch and State law so it will still be in practice; Assemblyman Howard Watts has been a champion for Native issues and social justice issues, he has a State park access bill where tribes wouldn’t have to pay to get into State parks on their own lands; Senator Dallas Harris, Clark County is carrying the Sundown Siren Cleanup bill. Last session the Sundown Siren bill passed, prohibiting Minden from ringing that siren at six o’clock, they changed it, they still ring it but at 5:30. This bill would say you can’t ring it at all; Howard Watts is carrying the government administration bill, there is currently a State law that says every state government office has to have a tribal liaison and in theory they have assigned somebody that has a tribal liaison after their name but in practice they haven’t been providing the role of communicating. With this bill they will have to implement a policy and hire a person full-time with that background and structurally directed towards working with tribal governments with tribal preference; and in speaking with Stacey Montooth, Nevada Indian Commission, she said the new Governor squashed the bill that would make the Nevada Indian Commission a standalone department instead of being under the Department of Tourism. This is something they can advocate for at the next session. Councilmember Gonzales said discussion at the ITCN conference was the education fee waiver to create a more actual fee waiver because this waiver is being used as a last resort. All other funding is used first, and it’s not actually being used as a fee waiver, is this being addressed? Ms. Melendez currently said the way the bill is written is that the federal funds would be applied first, the state funds, which would be the tuition waiver, would be applied second, and then tribal and private scholarships are applied third. A lot of the community members are low income so the federal funds, the Pell Grants which is free federal money when you complete your FAFSA, the Pell Grant, those funds are being applied first but for a lot of the citizens, that gobbles up the tuition fee and the tuition waiver may kick in a little bit or not at all, depending on their financial status. The reason it was written that way is because this was written as a college access bill and not a reparations bill. Since the universities are on land taken from the tribes and at the minimum, they can waive tuition and fees for tribal members. She is an advocate for that, and it is being addressed and they will continue to advocate for it. Councilmember Brady said student loans are also included in there. -3-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Councilmember Gonzales said that was stressed by the students that it really isn’t a tuition waiver at all because it’s not being used for books, you can’t use that, and the other federal funding could have been used for the other expenses. Ms. Melendez said they will follow up on it. Councilmember Brady added if the student was undeclared, they wouldn’t cover it at all. Ms. Melendez said they were trying to focus on people pursuing degrees and that lifelong education rather than randomly taking classes but what they learned from that session was you must be very precise with the language. This is a cleanup bill because there were several problems with the original. The intention was there but the actual practice was a little messy. Councilmember Gonzales said also discussed was that some of the universities didn’t really understand and some of the students were getting denied and there is no liaison to help them at the universities. Mr. Adler said there is only one university that stepped up, which was UNR, the University of NV, Reno, who hired Daphne Hooper. Ms. Melendez said they can put pressure on the universities asking why they don’t have indigenous students support service coordinators. The universities are behind the times. Mr. Adler said he made the offer to the Governor to come out and experience firsthand the importance of the Cutthroat Trout and the Cui-cui to the Tribe. AB 19 bill is where the Nevada Division of Water Resources is sponsoring it for the channel clearing funds to be available to the tribal communities who are on navigable rivers. So, the Tribe can apply for the channel clearing funds just like any other counties, city, or region in Nevada. AB 20, pollution control funds, they have advocated for tribal communities to be allowed to access these because they have the same pollution concerns as everyone else does. AB 34 public notice of water application adjustments, oddly people love newspapers, this is one contested for rural Nevada. AB 90 temporary change to permit timeframes which allows a one-time limited use permit, and they want to extend it to 10 years, it’s a limited case and it doesn’t have a ton of applications, but they want to make sure they don’t expand what things this limited permits can be used for. AB 91 seeking and boring wells, he doesn’t like this one. Generally, it’s a bill that allows for wells boring on public lands that would have an implication on somebody who put it on the border of a tribe, and you could have a sideways well bore that could end up in the aquifers. He spoke to Mr. DeLong about the bill, and he was unaware of this possibility. The bill may be dead already. SB 102, Water Resource Planning, this will allow local regions to create local water resource plans and he has asked tribal governments to be included or at least include communication with tribal governments to create a local resource plan. It was agreed it would be a good time to add it to the bill. Groundwater Basin Assessments, Pico Cuchia, this is controversial but needed. There is a lack of data in the State of Nevada when it comes to groundwater basins. There was a survey done in the 1930s which was the last time one was done on groundwater basin in the whole State of Nevada. This was done under Depression Era dollars to try and get people out to work. That was a very wet decade, and they had weird data points from those. They have been using that old data since then and one of the arguments here is we do need to do a groundwater survey to know what resources are where ina more detailed way. They can update the science because they are still using the old surveys and deciding old water rights based on them. SB 113, this is for the State Engineer to approve groundwater management plans if the petition is signed by the entities who in the respective regions. There are more groundwater basins more controversial than the Truckee River, there -4-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting are other places where everyone has enough water rights to declare everybody else’s water rights are invalid because there are three times over assessed basins at this point. And everyone upriver is draining everyone downriver. But they can agree to have a state oversight of a management region they might be able to figure it out and then everyone loses two thirds of their water and keeps their farm. This might impact the Tribe but the implications of a statewide bill and what it could do to our region is something they are mindful of. SB 115, the Clean Water Act mitigation, this was sponsored for the Las Vegas area, but it could have implications on federal funding and what is available in the State of Nevada and what isn’t available. Las Vegas is very high on the list for federal funds because they do more with water management than any other region in the nation. They are the best water managers in the United States for the Las Vegas region. They have implemented the removal of green space and other water saving techniques than anywhere else and he is trying to implement some of those policies in Northern Nevada. The bill for conjunctive management is the big sleeper bill that will change water law in the State of Nevada. They are already attending meetings on this one, Chris Mixson and he have been following these water meetings. Conjunctive management is the taking of groundwater and surface water supplies and assessing them in a single basin and then managing these resources together in some way, that concept is fraud and scary. The Tribe’s concerns are the region is developing water plants that are developing upriver from the Tribe, like the TRI Effluent Pipeline that is leaving the sewer plant and originally, they didn’t want to put a meter on the pipe leaving the sewer plant going to the effluent tank at TRI. It matters to Pyramid Lake because in a few years we can document drought years where the only water in the river was the effluent leaving the sewer treatment plant. Important things for the Tribe to keep aware of are the public lands bills, economic development, people are developing all around the Tribe, with solar, there is also risk, solar panels are delayed for four years now because of the Chinese panel crisis and to utilize the University of Nevada Reno because they can assist through Daphne Hooper. Ms. Melendez brought to attention the Owyhee Combined Schools Funding bill, it brought a lot of tension on Indian Education or lack of investment in Indian Education here in the State. And she has heard about Natchez putting in a request from the School District and not getting what they want. This is the time to capitalize on the momentum that Duck Valley has created. Councilmember Della John said our children go to nine schools, the bus starts at 5:30 am and ends at 6:30 pm. From first grade to high school but our special education children from Natchez are getting bused over to Galena every day. Why can’t we have our own special education here or something to meet their needs in our own community, especially for the vulnerable children putting them on that highway is dangerous. They have been advocating and trying to work with the university on getting early assessments. There is disparity and those milestones must be addressed because there is disparity in the state. This is the same issue with gifted and talented kids. Ms. Melendez asked for a list of challenges with the school system so they can start advocating for them. Councilmember Ely mentioned SB 113 which is far from Pyramid Lake, but the Tribe is already having issues with people drilling wells and are close to the boundaries of Pyramid Lake, hitting aquifers and not being worried about it. There is a proposal north of Smoke Creek, someone out there wants to drill five irrigation wells. They will probably drill it then change the use of it and sell it to someone else. -5-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Councilmember Della John said the Tribe’s water bill gave us ownership of the water at the bottom of the river and the bottom of the lake but that is only for our Tribe within the TROA bill. NEW BUSINESS 1. Request for Approval Land Assignment Requests with Resolutions. Jolyn Sander, Land & Resources Committee a. Andrew Dunn. Requesting .3 acres in Nixon. Councilmember Davis motioned to approve the land assignment for Andrew Dunn with Resolution. Councilmember Ely seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1) abstention (Dunn). MOTION PASSED. RESOLUTION NO.: PL 020-23 LAND ASSIGNMENT - ANDREW DUNN b. Danny Gonzales. Requesting 10-acre parcel off State Route 446. Plans for a homesite with a well. He is aware there is no infrastructure there. Councilmember Ely motioned to approve the land assignment for Danny Gonzales with Resolution. Councilmember Brady seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1) abstention (Della John). MOTION PASSED. RESOLUTION NO.: PL 021-23 LAND ASSIGNMENT - DANNY GONZALES Ms. Sander requested to move to the land assignments for Cody Nish and Johnny Van Houck before Jenilee Barlese land assignments. c. Cody Nish. 20 acres West of State Route 445. He knows there is no infrastructure at the site. Councilmember Davis motioned to approve the land assignment for Cody Nish with Resolution. Councilmember Genevieve John seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 022-23 LAND ASSIGNMENT - CODY NISH d. Johnny Van Houck. Requesting old Leyva homesite in Wadsworth, includes homesite and homesite where trailer sits. Councilmember Brady motioned to approve the land assignment for Johnny Van Houck with Resolution. Councilmember Genevieve John seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1) abstention (Della John). MOTION PASSED. RESOLUTION NO.: PL 023-23 LAND ASSIGNMENT - JOHNNY VAN HOUCK e. Jenilee Barlese (Jenilee). Ms. Barlese applied for three (3) separate assignments that belonged to her father Dion Barlese. Assignments were not switched to his name, but he was named as the successor on the assignment, and they have opposition from grandchild Latisha Barlese. The Land and Resource Committee is recommending, based on information provided to the committee, the three (3) assignments go to Jenilee Barlese. -6-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting i. 0.35-acres West Alkali Ct. Dion Barlese did not apply for the land assignment, but he did put Jenilee as a successor on the home. Latisha also applied for the home first then Jenilee applied for it. After the Land & Resources Committee made their recommendation for Jenilee to receive the home, Latisha presented her letter to Council. Councilmember Gonzales asked about the timeline for submission of the applications. Richard Frazier, Tribal Land Manager, said there is no set timeline for when to apply. Jenilee was listed as the successor, and they had to wait for her response. Ms. Sanders explained Latisha came to the committee’s meeting, and they explained to her they were waiting to hear from Jenilee, at that time she did apply but they were Waiting to hear from her. Vice Chairman Wadsworth confirmed in reading the documents, the main property being contested is the .5-acre homesite. The first two, the .35 and 46 acre had documents. Ms. Sanders confirmed Latisha applied for all three assignments then Jenilee applied for all three. Dion Barlese had all three assignments; he didn’t apply for the assignment for .35 Alkali which the house sits on, but he paid off the house and Jenilee was the successor on the house. Councilmember Dunn said to have deadlines because it is unfair for someone to dragging their feet fora response. Ms. Sanders said you must consider when family passes you are not thinking about the land assignment, there are other things family is thinking about and going through. It’s not the committee’s job to pick sides, they go with the documentation that is provided to them. If anyone wants to protest afterwards, they provide that information at committee level then to the Tribal Council. The ordinance is almost complete with its review and does include this information. Councilmember Guerrero motioned to approve the Land and Resource Committee recommendation for Jenilee Barlese for the .35-acres on West Alkalai Ct, Nixon with Resolution. Councilmember Ely seconded the motion. Councilmember Gonzales wanted to clarify in the land assignment there are so many days to submit a letter of protest. If deadlines are set, then protests need to be done in that time frame. Ms. Sanders said when the other person is in close contact, they pay attention to the consideration of what the individual is going through. They received the application, and it was posted. Latisha submitted her application at that time, but it was tabled at the committee level, they were still looking at the documentation, waiting for information from the Housing Department. They do get held up, nothing is cut and dry. In the updated ordinance the process will be more informational. Councilmember Gonzales asked when the home is paid off which lists the successor, doesn’t that contract die? That is something that’s been relayed. Ms. Sanders said when the home contract is the only document they have, that is what they will go off they have to use, they always try to follow what that individual’s request is, just like a will. If there was a will in place, then that is what they would have used. Housing has now been supplying the land assignment application when the homes are paid off, so they know the process. -7-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Votes were eight (8) for and zero (0) opposed with one (1) abstention (Dunn). MOTION PASSED. RESOLUTION NO.: PL 024-23 LAND ASSIGNMENT - JENILEE BARLESE .35 ACRE ii. 46-acre Agriculture Fields assignment. The fields were switched to Dion Berlese’s name before his father, Milton Barlese passed. Dion Barlese did apply for the land assignment and Jenilee was the successor on this application. Latisha stated she submitted her application for this land assignment. She understands Jenilee is the successor. The land assignment needed to be taken care of right away, it’s an alfalfa field which is why she put in for it because she didn’t know how long it would have taken to get approved. She submitted her application within the time frame, and it posted for the required amount of time which Jenilee had up until then to appeal but didn’t and the time passed. She appealed it a week after the posted time ended. She was upset because she followed the rules and regulations of the ordinance. She understands she was grieving but the alfalfa fields needed attended to. She did reach out to her about what she was going to do, and she was willing to step in and help if she needed it, but she didn’t respond. She included with her letter to Council a copy of messenger showing she read it and others reached out as well. They were there to help and weren't just going to take it and with issues there was no way of contacting her and she has stepped in to take care of problems. Her and her kids live on the reservation and are tribal members and have been helping Dion take care of it since their other uncle passed, it’s not a hardship for them to take care of it. David Brown said he took care of the place when his dad, Milton and Dion were alive. He would get calls to take care of Jenilee’s horses who were supposed to be removed. There was a court order for her to remove them, but she didn’t. Dion took it upon himself to feed and care for them. Since Dion has passed, she hasn't been there to see them, she hasn’t contacted him. To this day he is still taking care of the place. He understands Jenilee is not moving back, she has asked various people to take care of the place for her, she lives on another reservation, and she can’t be coming back every day to feed horses or irrigate. It’s known she doesn’t want to come back; she is an inactive member. They have texted her; Mr. Frazier has tried contacting her, she has been asked to attend committee meetings and doesn’t show. Mr. Frazier said she showed up at the last meeting. Mr. Brown continued he asked Latisha to put in for the land assignment, because she lives on the reservation and goes to check in on their grandmother. He has shown her how to take care of the land and she does want to have a place to put a house. Jenilee responded to all that is being said. She has kids, she has a job and is taking care of her grandfather. She can’t just pick up and move out to Nixon. She and her dad, Dion did discuss along with other members of the community who have been taking care of the fields, she has been in touch with them. They discussed the fields and their plans to move ahead. She does have help; backup and it is known that she plans on moving back. She never said she would not be coming back or wouldn't be taking care of anything. Latisha said in the letter she submitted to Council for one of the persons, who she won’t mention, a letter written from one of the persons that was mentioned in the last meeting with Land and Resource Committee that was willing to help her take care of the land, and he wrote a note stating he had no contact with her about any discussion of caring for the land. The other individual did not want to write a letter or get involved in the dispute now, but he did say he did not have any contact other than the first month of Dion’s passing but there was no agreement to tend to the lands. She is financially able to take care of the lands, she works from home, her kids are in high school, and they live locally. -8-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Mr. Richards said of the three assignments, this one with the 46 acres is probably the most black and white. They must go by what was written on the previous assignee’s application, and this one says Jenilee is the direct successor to this assignment. Councilmember Davis commented that the people that are getting the assignments need to understand that in the ordinance, there are only two years to make improvements, or you can lose the whole field in two years. Ms. Sander said it was explained to Latisha that although they are making the recommendation they are making, if at some point in those two years Jenilee doesn’t live up to that obligation of taking care of those fields and making sure those fields are maintained, any other family member or any tribal member can apply for that assignment. Councilmember Guerrero motioned to approve the Land & Resource Committee recommendation for Jenilee Barlese for the .45-acre agriculture field with Resolution. Councilmember Dunn seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 025-23 LAND ASSIGNMENT - JENILEE BARLESE 46 ACRE Councilmember Davis commented she would like to add for the future when they get a situation like this before Council that they get to see the original applicant information. Mr. Frazier responded that would mean they would have to provide every original document for every existing application. Normally, that information is with the committee so they can make the recommendation to Council. Ms. Sanders said the committee struggles with the decisions just like the Council when things like this happen and it is becoming more frequent because there are bigger families. And as the Chairperson she doesn’t always agree with the board’s decision, but she doesn’t have a vote. She can provide her opinion but it’s the board that makes the recommendation. Again, they make those decisions off the documentation that is provided to them, and it is not simple. Councilmember Davis responded the original land assignment doesn’t have to be provided to them directly but for them to bring a copy so they can see for the record who was the successor listed. iii. .5 home. The land assignment is still in Milton’s name, Dion never applied for the land assignment, but he was listed as the successor. The Tribal Court gave Janice, who is a nontribal member, the title of the house, this was before Council approved by resolution saying the Tribal Court couldn’t decide on a home until the land assignment was approved. There is a concern that Janice is not a tribal member and may be asked to leave the home which was Laticia’s concern. In the past with other non-tribal members, Council made a resolution that the individual will be allowed to stay in the home until their passing. Precedence has been set on this. With Dion being the successor from Milton and Jenilee being Dion’s only living child, the Law & Resource Committee recommendation is for the land assignment to go to Jenilee. -9-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Laticia said her grandmother also submitted a letter stating her concern, but she is also the successor when her grandmother passes the house is left to her. They couldn't get it transferred over before because the Tribal Court wouldn’t allow them to unless they owned the land. Her grandfather, Milton listed Dion as the successor but Billie Barlese, her father was listed as the second successor. She had put in her request as a vacant land assignment, and it was submitted within the timeframe. She believes it should go to her because she followed the rules and technically there was no successor on it and it wasn’t signed over, it’s still in her grandfather’s name and her grandmother through the Court did assign her as the successor if she passed. She can’t do anything with it since the land isn’t hers also. Jenilee said it was discussed with her grandfather and Dion that her grandmother should live her life out there. Councilmember Gonzales stated there was a legal court document that was approved before the changes were made giving the home to the grandmother and when she passes, she is leaving it to a tribal member. Councilmember Davis with the court document, go back to the Constitution and By-laws, the letter was written to the court several times since the 90s, that the court does not have jurisdiction over the land and if you refer to the Land Ordinance, the home is an improvement to the land. Those court documents are null and void. They go back to the application of Milton Barlese, which they don’t have, nobody has applied so there is no successor after Milton passed. Councilmember Gonzales said members followed the process when they went to the court for a judgement, you just can take that away because that was how it was done back then. Without the changes it hasn’t been communicated to the membership. Councilmember Dunn motioned to approve the .05 land assignment for Latisha Rosales. Ms. Sanders asked wouldn’t they have to bring Ms. Rosales’ application before the Council. Her application is not on the agenda. Councilmember Davis motioned to deny the .05 land application for Jenilee Barlese. Councilmember Dunn seconded the motion. Votes were six (6) for and two (2) opposed (Della John, Guerrero) with one (1) abstention (Wadsworth). MOTION PASSED. Councilmember Davis said in reading the Land and Resource Committee minutes she doesn’t see where they denied the application for Latisha Rosales. Ms. Sanders said she knew it was in there, the secretary may have left it out because there was another application that was denied that night. She will have their secretary review it. 2. Request for Approval PL Fisheries Requests. Mervin Wright Jr., PL Fisheries Director a. Approval DRI Microplastics Sampling: Two locations lower Truckee River and Pyramid Lake Mr. Wright said they met with the Inter-Disciplinary Team (IDT) and there was a concern about the publication of the report. He will work with the professor who will be doing the study and will work out the details of the publication concern. This request was approved by IDT. -10-|Page D Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Councilmember Davis asked if IDT gave any stipulations pending approval or if they just give an approval. Mr. Wright said he informed the IDT he would work it out with the professor and include the results. Councilmember Davis motioned to approve with the understanding the PL Fisheries Director will follow through with the stipulations recommended by the Inter-Disciplinary Team (IDT). Councilmember Ely seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. b. Approval UNR Truckee River Ecology Research Study. Mr. Wright said this is taking a sample above Marble Bluff. There were questions regarding approach on how the data would be analyzed. The results will look at how algae bloom in the river responds with the dissolved oxygens. It’s nota real in-depth study but the individual attended the meeting, and this is not going to involve phosphorus impact on algae bloom, it’s using dissolved oxygen data. There were no concerns by the committee, and he will supply the data. Betty Aleck, THPO said one of the concerns pointed out by the IDT was that the Truckee Canal will be shut down this year so his results may be off and not accurate. He didn’t know about the shutdown. Councilmember Ely motioned to approve the UNR Truckee River Ecology Research Study. Councilmember Brady seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. Councilmember Davis asked for confirmation they will have staff accompany them during the study. Mr. Wright said they would. 3. Request for Approval Closed Area Access & Request to Reserve a Beach, All Indigenous Women’s Flyfishing. Autumn Harry, Kooyooe Pa’a Guides Ms. Harry said they are hosting their All-Indigenous Women’s Fly-Fishing Retreat in two weeks, March 2-5, 2023. They are requesting to go to the closed area for three (3) hours on Friday. Their group of 10 woman are Paiute and Shoshone women. They would like to reserve the Block House beach area for their retreat. Betty Aleck, THPO stated requests for the closed area would go to the Cultural Committee then to the IDT for recommendation to Council. This request did not follow that procedure. Committee member Dean Barlese supports this request if they are respectful and don’t fish but wondered why they didn’t follow protocol going through IDT. He also asked if they would be taping it and creating a commercial. Ralph Burns, committee member asked why protocol wasn’t followed, they should have gone through the committee and IDT. He also asked if this would be made into a commercial because she has done several commercials on the lake. Buck Sampson, committee member, wanted to know what they were doing there, how many people and cars would be there, would they be on the road or off-road. Also, if this had gone through IDT, Donna Noel would have included stipulations for these types of requests. Councilmember Brady asked if previously she went to IDT for her requests. -11-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Ms. Harry said she only submitted a letter to the Tribal Secretary, and it went to the Council or the Executive Team. Last year she came to Tribal Council and every time she requested to visit the east side with nontribals it went straight to Council. This is the first time she heard she had to go to the Cultural Committee. Last year they took one van, took an hour to drive out and back and spent one hour there and there would be no photos taken so no commercials or advertisements. Ms. Aleck reminded Ms. Harry that she did go out to the east side and a five-minute Chevrolet video was ultimately made with two trucks out there. That is the reason why they always ask if there is going to be a video. And she did go before the IDT and didn’t mention it was a commercial. Brenda Henry, Tribal Secretary said when the request initially was received it went to the Chairwoman and she made the determination it would go straight to Council. Councilmember Davis motioned to deny access to the closed/east side of the lake because this is her business. Ms. Harry said it is her business, but this request is as a community member for an All-Indigenous Woman Retreat. She has two members from Nixon and Wadsworth, two from Walker Lake, two from Elko and several others. Councilmember Ely seconded the motion. Votes were five (5) for and one (1) opposed (Della John) with three (3) abstentions. (Dunn, Guerrero, Gonzales) MOTIONED PASSED. Councilmember Davis said with the request to reserve a beach, the tribal guide that is doing the fishing clinics, they didn’t reserve a beach, they asked him to let the Tribal Secretary know so she would inform the Rangers ahead of time and it is first come first serve for the beaches. 4. Request for Approval PLHA Release, Assign, and Conveyance with Resolutions. Kathleen Frazier, PLHA Director a. Bonnie Centeno NV 4-11 W14. Entered into agreement on April 8, 1996, and satisfied all commitments and obligations. Councilmember Guerrero motioned to approve the PLHA Release, Assign, and Conveyance with Resolution for Bonnie Centeno. Councilmember Dunn seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 026-23 PLHA RELEASE ASSIGN & CONVEYANCE BONNIE CENTENO b. Michelle Robertson NV 4-11 W22. Entered into agreement on April 7, 1997, and satisfied all commitments and obligations. Councilmember Davis motioned to approve the PLHA Release, Assign, and Conveyance with Resolution for Michelle Robertson. Councilmember Genevieve John seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 027-23 PLHA RELEASE ASSIGN & CONVEYANCE BONNIE CENTENO c. Monica Begay NV 4-11 W15. Entered into agreement on November 11, 2011, and satisfied all commitments and obligations. -12-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Councilmember Genevieve John motioned to approve the PLHA Release, Assign, and Conveyance with Resolution for Monica Begay. Councilmember Ely seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 028-23 PLHA RELEASE ASSIGN & CONVEYANCE MONICA BEGAY d. Lynnette Kelly NV 4-11 W5. Entered into agreement on September 24, 1996, and satisfied all commitments and obligations. Councilmember Brady motioned to approve the PLHA Release, Assign, and Conveyance with Resolution for Lynnette Kelly. Councilmember Guerrero seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 029-23 PLHA RELEASE ASSIGN & CONVEYANCE LYNNETTE KELLY e. Jennie Burns NV 4-11 W21. Entered into agreement on April 3, 1997, and satisfied all commitments and obligations. Councilmember Brady motioned to approve the PLHA Release, Assign, and Conveyance with Resolution for Jennie Burns. Councilmember Genevieve John seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 30-23 PLHA RELEASE ASSIGN & CONVEYANCE JENNIE BURNS f. Carolyn Harry NV4-11 N2. Entered into agreement on September 11, 1996, and satisfied all commitments and obligations. Councilmember Brady motioned to approve the PLHA Release, Assign, and Conveyance with Resolution for Carolyn Harry. Councilmember Ely seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 031-23 PLHA RELEASE ASSIGN & CONVEYANCE CAROLYN HARRY g. Rebecca Moore NV 4-14 W235. Entered into agreement on June 21, 2001, and satisfied all commitments and obligations. Councilmember Genevieve John motioned to approve the PLHA Release, Assign, and Conveyance with Resolution for Rebecca Moore. Councilmember Brady seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 032-23 PLHA RELEASE ASSIGN & CONVEYANCE REBECCA MOORE h. Loren Decker NV 4-15 N409. Entered into agreement on September 25, 2007, and satisfied all commitments and obligations. Councilmember Brady motioned to approve the PLHA Release, Assign, and Conveyance with Resolution for Loren Decker. Councilmember Della John seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 033-23 PLHA RELEASE ASSIGN & CONVEYANCE LOREN DECKER 5. Request for Approval PL Health Clinic Requests. Dawna Brown, PLHC Director -13-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting a. Approval Daniel Brady Contract. Ms. Brown said the Health Board approved a contract for Daniel Brady, PA, it’s for a year. Councilmember Brady asked about his daily fee, is that regardless of if he fulfils eight hours? Ms. Brown said he will fulfil eight hours, their schedules are for from 8am to 4:30pm., but it is amended in their invoices if they don’t work a full eight hours. Councilmember Brady asked about the clause for $160,000. Ms. Brown reviewed and stated it might be a typo. Also mentioned was his licensure, it’s almost expired. Ms. Brown said Carla Molino will remind him of the expiration. Councilmember Brady motioned to table the contract for Daniel Brady. Councilmember Dunn seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. b. Approval Bid Selection Clinic Pavement Maintenance Project. Ms. Brown is looking for approval for the pavement maintenance project to do the sealing of their project. They only had two bids, one from Intermountain Slurry, which was the lowest bidder. Councilmember Brady asked about the 3-bid process used, stated it’s best to go out and do the research to get the best deal and not count on references because they are not always the best deal. Ms. Brown said since she doesn’t know any resealing companies she relied on a reference from Intermountain and John Guerrero who had some knowledge of these companies. Councilmember Dunn said they addressed the three-bid process before, and she was supposed to follow that. John Guerrero said Lumos did the RFP and there were only two bids, and they approved the lowest bid of the two. Councilmember Davis said at the Housing Authority they can go out to bid all year and it doesn’t mean they are going to get three bids because of the cost of everything and for them to come out to the reservation. Sherry Ely-Mendes said with Transportation, they sometimes do that because they have contractors, they work with regularly but for a large contract then it goes to RGJ, and it goes out to everyone. Councilmember Dunn motioned to approve Intermountain Slurry Seal for the Clinic Pavement Maintenance Project. Councilmember Davis seconded the motion. Votes were seven (7) for and zero (0) opposed with two (2) abstentions (Della John, Brady). MOTION PASSED. 6. Request for Approval RAISE 2023 Rebuilding Americans Infrastructure with Sustainability and Equity with Resolution. Sherry Ely-Mendes, Transportation Planning Ms. Ely-Mendes said this is for the Wadsworth Bypass and it’s basically the same application with the same information as before but with some additional items. This grant was previously named TIGER, then BUILD and now it’s RAISED, it’s a big Federal Highway Grant. -14-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Councilmember Davis motioned to approve the RAISE 2023 Rebuilding Americans Infrastructure with Sustainability and Equity with Resolution. Councilmember Gonzales seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 034-23 RAISE GRANT EXECUTIVE TEAM 1. Business Office. Benjamin John. Report Submitted Mr. John was not present. Councilmember Davis motioned to table the Business Officer’s report. Councilmember Dunn seconded the motion. Votes were eight (8) for and zero (0) opposed with one (1) abstention (Genevieve John). MOTION PASSED. Councilmember Della John asked if the licensed providers pay to work on the reservation. Karen Shaw asked the board if their providers paid for a business license. Chairman Phoenix will follow-up. 2. Programs Office. Shellay George-Kawich Ms. Kawich said this would be her last report, she submitted her resignation, and her last day will be the 24 due to personal reasons. Councilmember Gonzales asked if they received any applicants for the Parks and Recreation position. Ms. Kawich said she hasn't sat on the interviews but her predecessor, Sherry Ely-Mendes, who will step into her position did sit in on the interviews. Councilmember Davis asked about the Daycares, will they be operational? Ms. Kawich said they had an applicant for the position that meets the minimum qualification, but she received an email from HR saying the person didn’t meet the qualifications and didn’t get an interview. Then she receives another email from HR saying they must review all applicants and those with minimum qualifications will be granted an interview. She is getting conflicting information from HR and it’s confusing. Councilmember Gonzales said it’s not only one person who makes the decision on whether someone gets an interview. Councilmember Ely stated it sounds like one person is making the decision on who is being disqualified. Councilmember Brady added in the interviews they conducted she doesn’t see Indian Preference or Veterans list. They don’t see it on the sheet they receive. Ms. Kawich continued the person is quite knowledgeable with the grants for the program. Pamela Wright, Comptroller said the grants are in place and they have quite a bit of funds left. Councilmember Brady thanked Ms. Kawich for her service and knows she had a hard time, and they must work on the conflict of interest because it was present, and they need to get better at it, and she apologized for it. Wishing her and her family well. -15-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting COMPTROLLER. Pamela Wright (interim). Report submitted. Ms. Wright said there were no changes to her report but added a couple of informational items for Council. They finally heard back from the State of Nevada on the FEMA projects, a P4 form was forwarded to the Tribe which was a confirmation of the dollars spent by the Tribe for each of the projects. There were 15 projects listed which required them to do some research to verify but they are expecting to get back about $540,000. These were for the Flood of 2017. There are additional ARPA funds that were made available, Local Assistance and Tribal Consistency Fund, the payments will be in two installments. If the Tribe’s application is approved, the amount will be $500,000 for FY22 and FY23. Still waiting to hear the outcome. Vice Chairman Wadsworth said it seems a little skewed, based on the formula the smaller tribes should have gotten more. The Navajo Tribe received $1 billion. Ms. Wright commented about contractors and business licenses, she had a couple of issues with three different contractors who didn’t’ t have tribal business licenses. We are mandated the contractors need to have insurance to work here. She doesn’t know why this was allowed but it is concerning, and they were addressed with the department and were dealt with, but it was an issue. Regarding the budgets, she has provided the directors with a deadline to submit their budgets and she will provide the complete budgets to the Council for review. Council Genevieve John asked the status for the audit and when was the last one completed. Ms. Wright said the last one was completed in 2020. With the current one they found out the initial trial balance in all the accounts involved was not reconciled when the auditors started. It will take them a week to get it done before they can get it to the auditors. Because of this they received letters from the Bureau of Indian Affairs and the State of Nevada funding agencies. They will have to fast track to get it completed. The former Chairperson was notified, January through April, and she did have a one-on-one with the former Comptroller. She is not fully staffed yet but looking to get an accounting supervisor, grants individual and another GL person, but she will need reclassifications to increase the pay for some positions. Councilmember Gonzales thanked Ms. Wright for the update since they were told by the last Comptroller that everything was ok but then finding out there were issues. This impacts on the department’s budgets when they don’t know if their budgets were closed out for the previous year. Ms. Wright said they are beginning to work on 2022 budgets, and it shouldn’t take them too long to reconcile. They don’t have too many 2022 invoices and should have them updated by March. They are caught up with the 2022 invoices, they are currently processing current invoices. With Staples, there are always a lot of invoices because they aren’t being paid. They have been trying to correct the Health Insurance for a couple of months when a payment was made, and the person voided the check but the transfer to Hometown Health went, and the invoices weren’t expensed. It happened multiple times, there are 200+ people with different funds and it’s difficult to fix and there is a lot of work. There was an issue with two 401 payments, they were processed by payroll, the ACH was completed, but it comes back to the bank waiting for an approval, but it -16-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting was resubmitted and was paid. The Comptroller is supposed to give that authorization to the bank. Councilmember Davis said she asked him if he was keeping up on those. Ms. Wright said there were times the secondary approval didn’t occur. Councilmember Brady said there should have been a red flag and she asked what other things are in place to make him notice when these occur. She has signed off on a Staples invoice for $40,000. Ms. Wright said the staff were waiting for delivery slips but by the time they were received it was already late and she tried to tell them to just pay them, they couldn’t sit waiting for the slips when there is a possibility, they don’t have them, and the invoice must be paid. It was slow getting the point across, but they now just pay it. Councilmember Della John had an issue with the cash inflow from the third party for EMT and PUD. They don’t know how much cash flow is coming in and finance needs to get a hold of this somehow, Council doesn’t know what the budgets are. Ms. Wright said this has been an issue and they will be putting together an information presentation about what they plan on doing for PUD, Day Care, Realty, and the clinic. They will start with the Chairman to ensure he understands what they are asking then they will submit letters to the departments asking for balances. She did get a report for 2021 from the Greenway company. When they receive a deposit there is an account code to deposit the funds too. Councilmember Brady said she wonders if that issue was fixed because she remembers when Ms. Brown last presented, she said it was problematic and was surprised they renewed the contract because she said Greenway weren’t communicating with them. Ms. Wright said the auditors told them they knew of a tribe that had to sue them because they had issues with them. This issue has been occurring for about five years. Councilmember Gonzales said it was the lack of documentation that was provided, and it was pointed out with payroll and different other issues of COVID funds being used. CHAIRMAN’S REPORT. James J. Phoenix, Tribal Chairman Chairman Phoenix summarized some significant activities. He is trying to reach out to the local agencies both internal and external. He visited Nevada Skies to introduce himself and did a walkthrough of their facility. They are scheduling a grand opening, but he didn’t get into any of their operations. Councilmember Guerrero asked when their contract is up. Chairman Phoenix said he did ask the question but doesn’t remember but will reach out to them. Councilmember Guerrero would like the department to have a plan for a holding facility for our youth instead of renewing their contract. Councilmember Brady warned them they need to inform them first so the other Tribes are informed, they just can’t say the contract is up. He is hoping to get the Operations Manager to speak before the Council to give an update. When the time comes to decide on the contract hopefully, they will have more information to make a good decision. He met with Will Adler, and they talked about Legislative Day and about the upcoming bills. During the Legislative Day they met with about 10 assembly people to talk about Pyramid Lake issues and specifically water and water management at the State Level. They met with the City of Fernley regarding the Housing Authority’s concerns, they found out there is 780 feet approximately distance between the Housing Authority and the building and infrastructure. They were friendly and they just opened communications with the Tribe and Housing. Councilmember Ely said they did mention there are 5-6 residential sites that are proposed north of the warehouse they will be building which would be between the warehouses and reservation line. -17-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Councilmember Genevieve John asked if the reservation line has been verified. The sign used to be way forward and there was study done by the Tribe’s staff and the line was moved back but it wasn’t verified. Councilmember Brady said she asked that of the former Chairperson to check it out. Councilmember Genevieve John said that when Mervin Wright was the new GIS person, he brought it to Council, and it was approved but she doesn’t understand how that could be without concrete information when all the years it was out further. Need to get on it and get the boundary lines verified. Chairman Phoenix said he would contact BIA Realty and find out what he can. Sherry Ely-Mendes said unofficially, they had a conversation with Ralph Dunn, he has been monitoring because they are trying to configure or map an area for housing over there in the Big Bend area. He said there is a fence up there, but the developer knew that was the official reservation line and they weren’t going to cross it. So, where they have been developing is exactly where the original reservation line was because all those posts are still up there. Right now, the Tribe is lucky they were respectful of that and didn’t want to start any legal matters down the road after they developed. Somewhere at BIA there is a map that is the original map. Councilmember Brady said it’s not confirmation they are looking for, they want the sign moved back. Councilmember Davis said they need to get the Land Manager on this because he is a surveyor and knows how to read the maps. Let’s get it moved because Fernley knows where it is. Gina Wadsworth said she ordered two copies from the National Archives and one of them is at the museum because she made sure they had a copy of it. The museum should have the original reservation lines map and if you try to contact BIA, they will say they don’t do surveys you have to contact USGS. Councilmember Brady asked for an update by the end of the week. Chairman Phoenix continued, he coordinated with the news media and attended the Anna Marie Scott Memorial. He was contacted by the Las Vegas Review, and he told them they needed to coordinate with the family. He attended the Chairman’s brief on water and environmental issues and was able to sit down with Chris Mixson and Allan Richards. They gave him a history of the water and TROA Agreement. Working on hiring an Executive Officer and not sure why it was vacant for so long. Now they can have a full team for some diversity to manage at that level and it’s been rough for those who had to keep it running. Councilmember Brady asked about the split in salary and when did it happen and how much is left? Chairman Phoenix said they are trying to find the documentation through an Employee Action Notice (EAN) which was dated by the former Chairwoman. That was all he found, there wasn’t a memorandum or anything that documented that part of it, he wasn’t able to find anything in writing. Councilmember Gonzales asked if the Chairperson could choose to do that on their own and it doesn’t have to go to Council. Chairman Phoenix said that’s how he understood it if there is a vacancy, and they had these additional duties and they were compensated for it. They were using the Executive Office salary to compensate why they were managing the other duties. -18-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Councilmember Genevieve John asked if the annual salary remained the same or was it divided up between them or did the individual get the additional funds beside their regular salary? Chairman Phoenix said it was added to their salary. Councilmember Brady asked if the EAN had a date on it. Chairman Phoenix said it had a date but no real description but doesn’t recall the date. Councilmember Gonzales asked if they were getting a salary and a half. Chairman Phoenix didn’t know if it was a half or not just that they were getting a salary. Chairman Phoenix said they now have a salary for the Executive Officer and can cover that position. Councilmember Davis said they have the salary for the position, but the tribal members need someone in the PUD office, there are so many complaints about sewer backups and the clinic is trying to help them. Need someone in that position and if they need to hold off on the Executive position and get the director positions fixed/hired, she will rather see that happen instead. Councilmember Genevieve John reminded them are they funded from two different funds, direct and indirect. Chairman Phoenix said he is trying to get those positions filled and meet the minimum qualifications per the job description, he is following that guidance and that is what he has expressed to the HR Department. They are to follow the policy and directors do have a say in the process. The directors do have the final say but in conjunction with the panel and scoring on how they rate the individual. Councilmember Ely said some of those applicants are stopping at the HR Department when they should be moving on. Councilmember Gonzales said it’s been stressed by applicants they have been waiting in limbo for months and they see the jobs still posted with no hiring which is frustrating. They have been begging for people to apply and people’s application with qualifications have been sitting. Chairman Phoenix said HR does reach out to the applicant and asks them if they are still interested and they are documenting that information and he has seen the information to ensure they are contacting the applicants. Councilmember Della John said it’s the supervisor who should be contacting the applicants and not HR because they are the ones who see the job file and hiring so they should be vetting them. Councilmember Brady said she spoke with a director, and they don’t get to see the applications so there are inconsistencies on who sees the applications and don’t know how many applications were received. Councilmember Gonzales said it should be HR reaching out or else if the supervisor reaches out then it creates a conflict, it’s to keep it neutral. Councilmember Ely said that is what they are supposed to do, correct? Councilmember Dunn stated they have a paper trail for everything they do. Councilmember Brady said there needs to be consistency. Chairman Phoenix said that is what he is striving for to be consistent with the communication flow and they are working on it. -19-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Chairman Phoenix moved on to speaking with the Washoe County School about the old gym and the property across from it where the pump house is, and Washoe County is wanting to give the property to the Tribe. Councilmember Ely remembered a situation like this with the old Karl Kubler place across from the County Courthouse in Wadsworth. There were contaminants, asbestos, and junk, he didn’t know if the Tribe had funds to clean it up. He does like the idea of getting the land back, can Washoe County give the Tribe funds to clean it up, then take control of it. Gina Wadsworth said the Environmental Department stepped in and put it under the Brownfields program when Rueben was working in Environmental before he left employment with the Tribe. He did contact EPA about the cleanup but not sure what happened after he left and not sure what is happening with it now. Councilmember Davis said Rueben had them set up to come in because the Tribe wasn’t going to take the property until the area was cleaned up because if the Tribe took it, then we would have to clean it up. Chairman Phoenix said Washoe County School District will do the assessment, the records and everything that needs to be done to include the utilities and engineering of the infrastructure and any historical information they must provide to the Tribe. This will go to their school board next month. Councilmember Della John said Indian Health Service can do the environmental review and provide a report. Councilmember Della John said she thought Rueben has a report on the Urrutia house also on how to get it repaired because it had asbestos in it. Councilmember Davis said she would love to see a gym for the kids in Wadsworth. Chairman Phoenix continue with his report about the day-to-day items, handling emails from different agencies, virtual meetings and individual items that pop up. Councilmember Della John asked for the protocol to contact the Tribe. She receives calls from tribal members and wants to make sure they are getting to the Chairman to follow through. Chairman said to email him, and he will follow-up. He documents everything in his journal due to the amount of calls he receives. When the Executive Team sends an all PLPT email just respond to him, and he will be the conduit to administration. If you need to email the Tribal Council Secretary, they can send an email directly to her. Councilmember Brady said she finds it interesting with this Council its different with you (Chairman Phoenix) than the previous Chairperson because the same issues came up only, she (former Chairwoman Janet Davis) had to answer to a lot more. There were personal things that came up that shouldn’t have come to Council and it’s refreshing because you don’t have to see the trivial battles but at the same time, she kept hearing transparency and yet she is starting to see there is not much transparency, everything must be funneled. The Council needs to know what is going on and they need to remember to keep the conflicts outside because they are supposed to be working for the people and unfortunately it has affected some people and that is why they can’t hold onto people. She would like to see a weekly report rather than waiting until the Council meetings. Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Vice Chairman Wadsworth said that was the former Chairperson, no other Chairperson had provided weekly reports. Councilmember Brady said it set a good precedence because they are duly notified. Now whether people choose to read it or not, that is a different thing, but she would like to see what is going on. Councilmember Guerrero asked if they contacted BIA for the Secretarial Election. Chairman Phoenix said they did, and Vice Chairman Wadsworth will provide an update on it. Vice Chairman Wadsworth said they received the information after the meeting and Chairman Phoenix gave him authorization to ask the follow up on the questions. BIA has received them, but they haven't gotten back to the Tribe yet. An email was received the previous week saying they received it and would be getting back to the Tribe. The Chairman and him have a meeting with BIA the next Thursday on the 23"4, to discuss the actual process. Councilmember Guerrero would like them to go ahead and get the resolution done, approved and ready along with the documentation so they can start running, move forward and get it done. Vice Chairman Wadsworth stated the questions: the first one removes the term limits on the Chairperson and the Vice Chairman, the second removes the requirement for living on the reservation to vote, so all tribal members over 18 will be allowed to vote no matter where they live. Councilmember Genevieve John stressed on that one they need to really emphasize why that decision is being made because prior to the previous memberships are the ones that shot it down. They need to get it across why it’s important that everyone votes and not only those that reside on the reservation. Councilmember Brady said they did talk about having public meetings in the communities. Vice Chairman Wadsworth continue with the third one which adds a section to the Constitution that says if you are elected at this level, because of the residency requirement that states if you want to be on this level you must live on the reservation, but it adds the step that you must continue to live on the reservation. The fourth amendment clears up language because throughout the Constitution that lists, must be granted by approval by the Secretary of the Interior and takes out all that language. Councilmember Genevieve John said she thought that was corrected. Councilmember Davis said it went on the last one, but it was voted down by the membership because they were asking who is going to do the checks and balances. Councilmember Guerrero said for their underground water they need to lobby for extra funds for the Tribe’s legal to pursue the underground water issues. It’s making its way into the Assembly and Senate. Councilmember Brady said she would like to add to the Chairman’s list the item about getting the business licenses for the providers cleared up. There are the dollars that are slipping through with the internet signage being put up without being approved. And Benjamin John saying they don’t have anything written and she thought well get it in the ordinance because they are losing money when it comes down to it. Councilmember Gonzales appreciates the Chairman updating them and collaborating with the departments because obviously they thought things were being handled and they weren't, and items are still be addressed. She hopes they come up with procedures because it has been a mess for the last couple of years. Councilmember Dunn motioned to move into Executive Session. Councilmember Genevieve John seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. The Tribal Council moved into Executive Session at 10:11 p.m. -21-|Page Pyramid Lake Paiute Tribal Council February 16, 2023, Special Council Meeting Councilmember Ely motioned to move out of Executive Session. Councilmember Dunn 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 11:33 p.m. ADJOURNMENT With no further business before the Tribal Council, Councilmember Davis made a motion to adjourn the meeting. The motion was seconded by Councilmember Ely. Votes taken were all in favor, motion carried. The meeting adjourned at 11:33 p.m. Submitted by, Pounded 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 6% day of July 2023, having ten (10) members present, constituting a quorum, by the vote of nine . >= (0) OPPOSED, with zero (0) ABSTENTIONS. Minutes attested and concurred by: | James 1 Phddnis, Tribal Chairman Pyramid Lake Paiute Tribal Council // // -22-|Page --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3Ab1868783b4b2ed65. Public record. Not legal advice.