Pyramid Lake Paiute Tribal Council (2023)

Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

REGULAR MEETING MINUTES

Tribal Chambers ~ Nixon, NV

February 3, 2023

Members Present:

James Phoenix, Tribal Chairman Steven Wadsworth, Vice Chairman

Harriet Brady, Councilmember Judith Davis, Councilmember

Nathan Dunn, Councilmember Edward Ely III, Councilmember

Natalia Gonzales, Councilmember John Guerrero, Councilmember

Della John, Councilmember

Members Absent: Genevieve John, Councilmember

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

CALL TO ORDER

Chairman Phoenix called the February 3, 2023, Regular Tribal Council meeting of the Pyramid Lake Paiute

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

ROLL CALL

Roll call was taken by Brenda A. Henry, Tribal Council Secretary. Councilmember Genevieve John was absent.

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

APPROVAL OF AGENDA

Chairman Phoenix read the agenda.

Councilmember Dunn motioned to approved the agenda. Councilmember Brady seconded the motion. Votes

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

PUBLIC COMMENT No public comment.

CONSENT AGENDA

Following items were on the Consent Agenda:

1. Approval of Minutes: December 16, 2022 Special, January 6, 2023 Outgoing & January 2023

Incoming

2. Approval Donation Request Josh Dini Prayer Horse Ride 2023

Pyramid Lake Paiute Tribal Council

February 3, 2023, Regular Minutes

3. Approval Ratification Poll Votes Donation Request Chery] & Roy Hicks and Letter of Support Janet

Davis Not Invisible Act Commission

Councilmember Brady requested to pull items #1 & 2 for discussion.

Councilmember Ely motioned to approved the item #3 on the Consent Agenda. Councilmember Davis

seconded the motion. Votes were seven (7) for and zero (0) opposed with one (1) abstention (Della John).

MOTION PASSED

Councilmember Brady emailed her corrections and revisions to Council for the December 16, 2022 minutes.

Her only question was a comment made by Councilmember Ely which was unintelligible, she suggested

putting in parentheses when unsure of a word. There were no changes on the January 6, 2023 Outgoing

minutes and the January 6, 2023 Incoming minutes there were only minor corrections. Councilmember Dunn

had a correction to the December 16, 2022 minute but it was already noted in Councilmember Brady’s

corrections. There was a question regarding the last sentence where it referenced there was going to be a

letter in regards to Councilmember Gonzales, it seems like there should be more to the sentence.

Councilmember Ely motioned to approved item #1, the set of 3 minutes on the Consent Agenda with noted

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

zero (0) abstentions. MOTION PASSED

The Josh Dini Prayer Horse Ride 2023 donation was confirmed to be a group donation for $250.

Councilmember Davis motioned to approved item #2. Donation Request at the Group rate of $250.

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

abstentions. MOTION PASSED

ENROLLMENT Joanne Shaw, Enrollment Office

1. Conduct one (1) Rejection Hearing for Adoptive Membership - Adult with Resolution.

There were no questions or comments.

Councilmember Brady motioned to approve the Enrollment Committee’s recommendation for Rejection for

Adoptive Membership with Resolution. Councilmember Dunn seconded the motion. Votes were eight (8) for

and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 012-23

ENROLLMENT - REJECTION ADOPTIVE MEMBERSHIP - KYLE DEAN DOUGLAS

2. Conduct three (3) Rejection Hearings for Regular Membership with Resolutions.

a. Adult 1.

There were no questions or comments.

Councilmember Dunn motioned to approve the Enrollment Committee’s recommendation for Rejection for

Regular Membership with Resolution. Councilmember Brady seconded the motion. Votes were eight (8) for

and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 013-23

ENROLLMENT - REJECTION REGULAR MEMBERSHIP - MICHAEL ALLEN DOUGLAS

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Pyramid Lake Paiute Tribal Council

February 3, 2023, Regular Minutes

b. Adult 2.

Councilmember Brady asked about the letter which had a “return to sender” stamped on it. Ms. Shaw said

the letter was returned stating the address was vacant. A letter was mailed to him in December 2022 and

that letter wasn’t returned. Rejection letters will be mailed out upon approval. Councilmember Dunn asked

about email addresses. Ms. Shaw said sometimes they can be done but not with this set of applicants.

Councilmember Dunn motioned to approve the Enrollment Committee’s recommendation for Rejection for

Regular Membership with Resolution. Councilmember Brady seconded the motion. Votes were eight (8) for

and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 014-23

ENROLLMENT - REJECTION REGULAR MEMBERSHIP - AUDRIEANA NICOLE LANGE

c. Adult 3.

There was no questions or comments.

Councilmember Ely motioned to approve the Enrollment Committee’s recommendation for Rejection for

Regular Membership with Resolution. Councilmember Brady seconded the motion. Votes were eight (8) for

and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 015-23

ENROLLMENT - REJECTION REGULAR MEMBERSHIP - LINDA JANELLE DOUGLAS WORTHINGTON

PRESENTATION

1. Introduction Natural Resources Conservation Service (NRCS). John George (Elko), Jessica Gwerder

(Minden), Carson Hicks, NRCS

Ms. Gwerder presented a power-point presentation to Council which stated the baseline for NRCS is to

provide conservation technical assistance. Her background is ranch land management and along with

engineers they work with private landowners or tribes and conduct evaluations on resources, concerns or

problems that need addressed and solved. They look at alternatives and develop a conservation plan based

on what the goals and objectives are. The technical assistance is not a binding document; they are only aiding

when asked for assistance. There biggest financial assistance program is the Environmental Quality

Incentives Program (EQIP), it’s a broad umbrella of practices they address from irrigation efficiency to

wildlife habitat, plant condition improvement, livestock, water systems, soil, and water quality and

applications are accepted year-round. The Tribe is not limited to a payment limitation per farm bill unlike

other applicants who are limited to $450,000 per the farm bill. They also have advanced payments the Tribe

could be eligible for projects but be reminded there are strings attached. However, if a contract is awarded

for a project, an advance payment can be requested for up to 50% of the amount before implementation

within 90 days of the project. Typically EQIP works as a reimbursement so it’s a huge benefit for tracking.

There are various programs the NRCS can provide tribal assistance with: The Agricultural Management

Assistance Program, Conservation Stewardship Program, Agricultural Conservation Easement Program

which has two different avenues, the Agricultural Lands Easement and the Wetlands Reserve Easement. Mr.

George mentioned with these programs the Tribe, as an entity can apply for but as individual tribal members

can’t. If tribal members want to apply they can speak directly with personnel at NCRS to work out a plan or

they can work with a department within the Tribe to apply for them, typically the Natural Resources

Department. Ms. Gwerder highlighted programs completed with the Tribe in the past. An older program

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Pyramid Lake Paiute Tribal Council

February 3, 2023, Regular Minutes

called the Wildlife Habitat Incentives Program which ended with previous farm bills, this included wetland

restoration, critical area planting, pest management which is noxious and invasive weed control and some

fencing, and the agricultural management assistance program in 2014 which was the concrete ditch

irrigation pipeline project. Since 1999 they had a total of 18 contracts with the Tribe.

2. Solar Training for Council. Michael Brady

Mr. Brady explained he was a market representative for the International Laborers Union of North

America. One of his last jobs was working on the Dodge Flats Solar Project where he stuck it out and

eventually moved into his current position where he was able to inform the new manager he didn’t like the

way Pyramid Lake wasn’t included before the project even started but was included half way through the

job. As a Tribal Liaison he’s presented to a lot of tribes in Northern Nevada but is still reaching out and

working on building relationships. His position covers nine states and four provinces in Canada. His goal is

to build good relationships with everyone. They have a great relationship with the Council for Tribal

Employments Rights (CTER) also, known as TERO. They signed an MOU with Lee Adolph and CTER

involving suicide prevention. They have suicide prevention packets which he dropped off in the lobby. They

sponsor various conferences in the region and abroad, one most recently was the ITCN convention. He is

presenting after speaking with the Chairman about is a solar pile driving class they are holding at their

training facility in USA Parkway for tribal members but is also for Council who may want to see what they

are doing. He provided dates for Council if they want to tour their facility and see their training. He would

like to conduct a presentation to the members about what the union is about and give them the opportunity

to get jobs. They don’t discriminate, are open to anyone 18 and over, women, must have a high school

diploma or GED and they have a great retirement package. It was confirmed they have to join the union to

attend the trainings.

NEW BUSINESS

1. Selection Pyramid Lake High School Board Tribal Representative.

Vice Chairman Wadsworth was nominated and accepted the position.

Councilmember Ely motioned to approve Vice Chairman Wadsworth’s appointment as Tribal Council

representative to the Pyramid Lake High School Board of Directors. Councilmember Davis seconded the

motion. Votes were seven (7) for and zero (0) opposed with one (1) abstention (Wadsworth). MOTION

PASSED

2. Selection Pyramid Lake Health Board (1 vacancy).

There were two applicants: Janet Davis and Wilma Smith-Tobey. By ballot Ms. Davis received 3 votes and Ms.

Smith-Tobey received 4, with 1 for reposting. Ms. Smith-Tobey was chosen to fill the vacancy on the Pyramid

Lake Health Board.

3. Request for Approval to Update Signature Authority for Retirement Trust Accounts.

This is to update the signature authority to the current Chairman.

Pyramid Lake Paiute Tribal Council

February 3, 2023, Regular Minutes

Councilmember Davis motioned to approve the signing of the Update for the Signature Authority for

Retirement Trust Accounts. Councilmember Gonzales seconded the motion. Votes were seven (7) for and zero

(0) opposed with one (1) abstention (Wadsworth). MOTION PASSED.

4. Request for Approval Technology Forms: Premises Right of Entry and Residential and Small

Business Services Agreement. Greg Gardner, Technology

Mr. Gardner explained the agreement is for the property owners to sign to hook up the fiber equipment to

the building on their property and later inside the home and the other is for the bandwidth service if they

choose to subscribe to the internet. They will work with the Pyramid Lake Housing Authority for those still

under them which includes the apartments. Legal did review the forms.

Councilmember Dunn motioned to approve the Technology forms: Premises Right of Entry and Residential and

Small Business Services Agreement. Councilmember Ely seconded the motion. Votes were seven (7) for and

zero (0) opposed with one (1) abstention (Wadsworth). MOTION PASSED.

5. Request for Approval FY23-27 Transportation Improvement Program (TIP) Resolution. Johnnie

Garcia, Transportation Planning

Mr. Garcia said this is the basis for funding for all their projects, it has to be approved by BIA and the

Federal Highway. The reason for pushing this through is because they didn’t initially include in the funding

the building of the transportation transit center but are now able to use part of the transportation funding

for the project. This project is being added but the rest is the same projects they have previously been

included.

Councilmember Davis motioned to approve the FY23-27 Transportation Improvement Program Resolution.

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

abstentions. MOTION PASSED. RESOLUTION NO.: PL 016-23 FY23-27 TRANSPORTATION

IMPROVEMENT PROGRAM (TIP)

6. Request for Approval 2" Annual Autism Run April 1, 2023. Teola Shaw

Ms. Shaw, tribal member, is a community organizer for the Serving our Communities Foundation, a nonprofit

organization whose mission is to enrich, educate and strengthen communities in need through service

initiatives and educated programs that provides positive and meaningful changes to the social, cultural and

overall health of communities. With their Autism Awareness run they comes together for a fun day of fitness

and education. She is asking to host the 2"¢ Annual Autism Awareness Walk and Run on Saturday, April 1,

2023. The run/walk will start at the Museum and down West Pyramid Lake Road and return. They began

working with the previous Chairperson to bring the much-needed assessments and evaluations to the people

of Pyramid Lake. It has come to their attention that families on the reservation do not have the same

opportunities to get their children properly evaluated and followed through with the extensive services

needed. State Child Programs are booked out for over a year and it can be a lengthy process for families.

There is not much information regarding autism in Native children and oftentimes, Native American children

get misdiagnosed. They will be having a child find event at Natchez on the following Saturday, April 8".

Pyramid Lake Paiute Tribal Council

February 3, 2023, Regular Minutes

Janet Davis said Pyramid Lake is going to be a model program and they are trying to get it out to the rest of

the Tribes throughout Nevada as well. They are working with ITCN and other programs.

Councilmember Dunn asked if they reached out to Social Services or Victim Services? Ms. Shaw said they only

provided the information in packets to the participants at their run.

Councilmember Davis suggested they find out where they get their information and provide it to the Social

Services department to have on hand.

Ms. Shaw said they are looking to possibly use the Pyramid as a logo in their puzzle pieces to show a

collaboration with Pyramid Lake but she hasn’t come up with a design yet. Pyramid Lake, so far is the only

place they’ve had an autism run.

Councilmember Davis said its consensus for her to use the Pyramid but would like her to come back with an

example.

Councilmember Ely motioned to approve the 24 Annual Autism Run for April 1, 2023. Councilmember

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

MOTION PASSED.

7. Request for Approval Submission of the Association of Tribal Archives, Libraries and Museums

for Sustaining the Humanities Grand Funding with Resolution. Billie Jean Guerrero, Museum

Director

Ms. Guerrero said they are seeking a grant which is leftover funds from the American Rescue Plan Act of 2021

for Humanities. The grant period starts March 15t and ends July 31°*. Within the time frame they are seeking

a budget amount of $49,517.60 and are proposing a project called, “They are still here”. It will be for retaining

a collections assistance and museum attendant both full time, $5000 in supplies and equipment for additional

security cameras for external blind spots, signs, educational brochures and a laminating machine. They

would also be purchasing a UV protectant for the windows to prevent UV light from exposing their sensitive

items and the installation of a panic button. Total indirect cost is $45,000 with part being covered by their

program budget. The main goals are to retain museum staff, display development for the 25-year

anniversary, securing the premises, protecting collections and developing a themed medicine garden.

Councilmember Davis motioned to approve the submission of the Association of Tribal Archives, Libraries and

Museums for Sustaining the Humanities Grant Funding with Resolution. Councilmember Gonzales seconded

the motion. Votes were seven (7) for and zero (0) opposed with one (1) abstention (Guerrero). MOTION

PASSED. RESOLUTION NO.: PL 017-23 ATALM SHARP

8. Request for Approval US Fire Administration/FEMA Assistance to Firefighters Grant (AFG) with

Resolution. Don Pelt, Fire Chief

Mr. Pelt is requesting approval to submit for the Assistance Firefight Grant (AFG) on February 10". This grant

is to provide additional equipment for the new cascade machine for the Gerlach station, new radios, thermal

imager camera and 12 sets or structural turnout gear. Total amount of the award, if granted would be

$377,900.82 with a 5% cash match of $17,995.28 which they will be talking to the county about meeting

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February 3, 2023, Regular Minutes

some of the grant match or all of it. It’s all fundable through the Gerlach Fire contract budget. It also pays

$14,195.16 in IDC to the Tribe.

Councilmember Brady asked what the acronym ALS stood for? Mr. Pelt said it stands for advanced life

support. She would also like to see a print out of the drop downs that asks the specific questions when

completing the form, since she had a question on the paid call/stipend department drop down. Mr. Pelt said

it’s a combination, it’s for volunteers that get a paycheck for going to each alarm or a stipend, this question

doesn’t apply to them.

Councilmember Della John asked in regards to the budget what made the remainder of the $58,000? Mr. Pelt

said the equipment is going to the Gerlach station but it is retained by the Tribe so when the contract ends it

comes back to the Tribe. In looking up the budget, he confirmed part of it is for installing the equipment

(contract costs) and they have to do an EPA evaluation to prove the building is not on the Historical Society’s

listing before changes or modifications can be made to a government building.

Councilmember Brady asked about the shortfall. Mr. Pelt clarified he didn’t like the form because it doesn’t

show where the IDC goes, it only says there is a shortfall of IDC, what he did was put the IDC eligible in the

line but there is no IDC shortfall for now. That is what they will collect in IDC for the Tribe that is not capital

items. There should be two different lines so they can make that distinction. They have the money available

in the contracted budget for Gerlach to cover this cost and they are seeking account consultation with the

county about paying part or all of the match because a good portion of the material is going to the Gerlach

community. They are also filing for the hardship waiver which is extensive information which he doesn’t

know where to find this information but the county is trying to assist them with this. It is not a waiver of

sovereignty. This grant is a one-year grant and once awarded they have one-year to purchase the equipment

and put it into service.

Councilmember Brady motioned to approve the US Fire Administration/FEMA Assistance to Firefighters Grant

(AFG) with Resolution. Councilmember Dunn seconded the motion. Votes were seven (7) for and one (1)

opposed (Della John) with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 018-23 US FIRE

ADMINISTRATION/FEMA ASSISTANCE TO FIREFIGHTERS GRANT (AFG)

9. Discussion Tribe's Legislative Day. Councilmember Guerrero

Councilmember Guerrero asked if Council was allowed to attend the State Legislature Tribal Legislative Day.

Chairman Phoenix said yes but to let him know so he could pass the names to Ms. Montooth, Nevada Indian

Commission to coordinate attendance. Some items he spoke with Will Adler, the Tribe’s Lobbyists were the

federal tuition and the lands bill, and they will be meeting with Senator Rosen’s office. Councilmember Brady

said her Unity group from the High School that will be attending also.

Councilmember Davis asked if the Tribe has sent a welcome letter regarding the new Chairman to the other

Tribes. Ms. Henry, Tribal Secretary said the Tribal Certification letter was forwarded to the ITCN who

distributes to all Nevada Tribes and a separate letter with contact information was forwarded to the Bureau

of Indian Affairs and other federal agencies.

Janet Davis said they bypassed public comment and she wanted to thank Council for approving her letter of

support for the Non-Visible Act Commission to continue her work with the commission. It’s a National

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February 3, 2023, Regular Minutes

commission and due to the background check it was a long process to get on it. Seeing from the last Council

meeting with NUMU Inc. she sees they are still at a standstill with them. During her time as Chairwoman,

they sent correspondence to them asking for financials and reports which they did not comply. They

discussed the status of the Lodge on numerous occasions. She heard transparency and accountability from

some Council members during her term. For whatever reason, they continue to let NUMU Inc. slide, she feels

it is Council’s duty to make the members of NUMU Inc be held accountable. They gave them $4.2 million to

purchase the Lodge and they have yet to see the conveyance. Her hope is they can soon acquire the Lodge

and no, they cannot move forward until they receive the property. She thinks NUMU Inc. shouldn’t do any

more business on behalf of the Tribe within the tribal boundaries until this is done. Dissolving NUMU Inc.

without holding them accountable is not the answer. It should be known who the members of NUMU Inc. are

and what they have haven't done.

Nicholas Cortez wanted to acknowledge the family that was having a celebration of life at the Nixon cemetery.

A year ago, Anna Scott passed and it’s been hard for the family. They are still seeking answers and the Tribe

can do better on showing support for wanting those answers because she was a tribal member, and the

manner of her death was very violent. It’s hard hearing within the community dealing with a lot of death

lately. It’s hard hearing about the struggles with the community with the uses of the gym or the high school.

They were given information that no funerals are to be held at the high school because it makes the kids sad,

that decision was made after Arlen’s death and that is not what makes the kids sad, it’s their peers that make

them sad when they pass. To hear the school is not allowing funerals anymore especially when they have

multiple events going on, it’s hard because families are trying accommodate. Looking into this because of all

the funerals would be beneficial to the community.

Councilmember Davis added funerals have priority over the gym for the membership.

ADJOURNMENT

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

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

carried.

The meeting adjourned at 7:52 p.m.

Submitted by,

Tribal Council Secretary

CERTIFICATION

Pyramid Lake Paiute Tribal Council

February 3, 2023, Regular Minutes

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 21st day of April 2023, having nine (9) members present,

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

Minutes attested and concurred by:

James J. Phoehix, Tribal Chairman

Pyramid Lake Paiute Tribal Council

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