Pyramid Lake Paiute Tribal Council (2022)

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

November 4, 2022

Members Present:

Janet Davis, Tribal Chairwoman Steven Wadsworth, Vice Chairman

Harriet Brady, Councilmember Judith Davis, Councilmember

Edward Ely, Councilmember Natalia Gonzales, Councilmember

John Guerrero, Councilmember Della John, Councilmember

James Phoenix, Councilmember

Member Absent: Nathan Dunn, Councilmember

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

CALL TO ORDER

Chairwoman Davis called the November 4, 2022, Regular Tribal Council meeting of the Pyramid Lake Paiute

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

ROLL CALL

Brenda A. Henry, Tribal Secretary, took roll call. Councilmember Dunn arrived at 6: 03 p.m. Councilmember

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

meeting.

APPROVAL OF AGENDA

Requested to add the following to the agenda: Add under Consent Agenda #4. Approval Wes Williams

October 2022 Invoice #4024, add under New Business #2. Request for Approval for Chairwoman Davis to

attend the 2022 White House Tribal Nations Summit November 29 thru December 2, 2022, and add under

New Business #3. Request for Approval Election Board Primary Election to Conduct a Hand Count.

Councilmember Brady motioned to approve the agenda with the additions Seconded by Councilmember Ely.

Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED

PUBLIC COMMENT. No public comment.

CONSENT AGENDA

Councilmember Gonzales arrived at 6:03 p.m.

Following items were included on the Consent Agenda:

Pyramid Lake Paiute Tribal Council

November 4, 2022, Regular

1. Approval of Minutes: August 5, 2022 Regular, September 2, 2022 Regular & October 7,

2022 Regular

2. Approval Quarles & Brady LLP September 2022 Invoice #6533996

3. Approval Consolidated Higher Education $500 Scholarship - Janine Heidi Barlese and

Nicholas Cortez

4. Approval Wes Williams October 2022 Invoice #4024

Councilmember Brady requested to pull the October 7, 2022 minutes for discussion.

Councilmember Davis requested to pull item #3 for discussion.

Councilmember Ely motioned to approve the Consent Agenda with exception of the October 7, 2022 minutes

and item #3. CHE Scholarships. Seconded by Councilmember John. Votes were seven (7) for and zero (0)

opposed with zero (0) abstentions. MOTION PASSED.

Councilmember Brady said she sent out an email to Council with her edits. There were no suggestions from

Council.

Councilmember Brady motioned to approve the October 7, 2022 minutes. Seconded by Councilmember Davis.

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

Councilmember Davis requested #3 to be pulled for clarification that the request is within the guidelines of

the scholarship fund.

Karen Shaw, CHE Coordinator said they had a meeting the previous night and they are currently going over

the policies for amending. The last time the polices were upgraded was in 2016, at that time, Anthony

Sampson came forward to Council to change the amount from $350 to $500 for tribal members to attend

workshops and conferences and it didn’t indicate there had to be proof like earning credit since these types

of events don’t offer credit. Both individuals already attended the event but she didn’t make it on the agenda

for prior approval but it was approved by the committee. This request is within the guidelines and it is on

the application. On the application it reads, the $500 Pyramid Lake Tribal Scholarship is able to assist tribal

members to full a portion of the applicants’ educational costs. The award is to assist in courses in college,

vocational school, professional development courses, including attendance at workshops and conferences.

They are working on updating the policies, the last time was back in 2009 but there were resolutions in

between like the one to increase the amount. Applicants only get it once a year. In 2020 they lost their tribal

funding and nobody was eligible, it was when all tribal funds were taken back. In 2021 and this year,

everyone applied. Typically, they usually have about 25 applications total but this fall they had over 45 and

it wiped out the account. She had to do a modification to increase to $25,000 but that is where they are going

to stop it since everyone has received it for the year.

Councilmember Gonzales thought it would be included in the department’s budgets for professional

development.

Chairwoman Davis some programs do if they are grant funded and it is a requirement for their grant to attend

conferences. She doesn’t think tribal budgets provide for it.

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Pyramid Lake Paiute Tribal Council

November 4, 2022, Regular

Councilmember Gonzales said once everyone finds out about this the budget is going to run out quickly. She

doesn’t think most of the community knows they can use it for professional development and they don’t have

to get a credit for it. Once people start hearing about it, she will start getting a lot of applicants.

Ms. Shaw said when she does she will have to start researching them. Ms. Shaw noted that Mr. Sampson had

some apply for the $500 just because they were traveling. She will have to check to ensure the course is legit.

Currently the applicants applying for the $500 have been employees or tribal workers but it is also for tribal

members.

Councilmember Brady commented she said she was cutting it off for those in the Fall what about the one’s

who apply in the Spring? Ms. Shaw said she has already modified the budget and they did talk about with the

committee on how it would affect the students in the Spring. Before the modification there was $20,000 in

the budget, which is gone already but she did the modification for an extra $5,000. She has three budgets that

she works with, with the 212 she can’t move funds, her tribal funds can’t be moved but her 638 Consolidated

Higher Education funds can be moved. The committee has been talking about the $20,000 going back into

tuition rather than going into someone’s pocket because there is nothing stated to prove they used it. There

are students who do use it for books or put it back into their tuition. It is something they would like to tighten

up in policy and they are talking about possibly taking the line item out and putting it back into scholarships.

They started working on the policy before COVID, then stopped and it is tedious, they worked on it for two

hours and only got three paragraphs done but they want to be fair and equitable. This year, they are fortunate

because they have AR funds but they will be going back to their regular budgets and it’s going to be tight

again and they have more students. She is trying to make a plea to the bureau that they have more students

than they had in the past. Historically they had up to 13 students, now she is averaging 28 to 32 students and

that is just their undergraduates. It’s not counting the master’s programs and they one PhD program this

year and part-time students.

Councilmember Brady said ever since Ms. Shaw has been in the position (Brady) has seen an upward in

numbers. Councilmember Brady still has people who come up to her and make comments about woman

getting discouraged about being not married, which shouldn’t matter, where they want to promote higher

education across the board and include all the other educational programs and not have someone put in their

own personal views and cut people off and not respond or process their applications. Ms. Shaw said she tries

to make sure all the funding gets used, there shouldn't be no carry overs. In the past there were large amounts

of carry over that should not have been occurring, $15,000-$20,000. It should be going to the students and

not carried over.

Councilmember Gonzales asked if she could put it the information out to the community and it’s not just for

those who work for the Tribe but for all tribal members correct? Ms. Shaw said it’s for all tribal members and

it doesn’t say you have to live on the reservation. It is on the website except for the policies.

Councilmember Davis motioned to approve the item #3. CHE Scholarships for Janine Heidi Barlese and

Nicholas Cortez. Seconded by Councilmember Ely. Votes were eight (8) for and zero (0) opposed with zero

(0) abstentions. MOTION PASSED.

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Pyramid Lake Paiute Tribal Council

November 4, 2022, Regular

NEW BUSINESS

1. For discussion PLHA Future Housing Development Site - Conflict with Fernley Commerce Center

under Construction. Kathleen Frazier, Executive Director PLHA

Ms. Frazier said she was directed to write a letter to the Chairwoman for fact finding on the Fernley

Commerce Center in Fernley or whether anyone is attending the Fernley City Council meetings. They think

they should be receiving more information that the Tribe is involved since they are planning a subdivision

below the hill. It has been brought to her attention by her Development Coordinator, the person who

coordinates their environmental assessments for their HUD funded projects, that they may not pass an

assessment. In their research, there has to be a buffer zone between a residential area and an industrial area.

Currently, Lyon County requires up to 50 feet between each area, and Washoe County in 2016, required a

minimum of 50 feet. According to a map provided, there may not be 50 feet between the corner of their

proposed subdivision and the boundary of the commerce center. They have over a half a million dollars

invested in their architect now and it won’t be worth it for them to go ahead and plan and not be able to build

there. Included is a sample of their environmental form, and not only is the buffer zone an issue but the air

quality, the noise and the lighting, the nuisance factors, all those have to be assessed. If they don’t pass their

assessment, there is no use putting more money into the project. The project is already in development and

construction and you know they are not going to stop.

Chairwoman Davis asked if they had an alternate spot to build. Ms. Frazier said they do have three other

sites, and currently their architect is doing the site designs. This was a prime area they were looking at, they

are just wondering if anyone has more information on this. Chairwoman Davis said its private funds and they

don’t have control over it. Councilmember John commented they don’t do environmental assessments

because it is privatized.

Ms. Frazier said she would have thought the City of Fernley would have had the courtesy being its neighbor

to either notify or invite the Tribe to its meetings.

Councilmember Brady said that was what she was trying to get across to Chris Mixson at the Water Team

meeting was to at least investigate it. She understands privatization but at the same time when you are

talking about federal lands, it seems like they can put a halt to it especially in that questionable area especially

about the ground water with the river being so close.

Ms. Frazier asked where are they getting their water, where is their septic, she understands it’s industrial

but they have to have restrooms and water.

Chairwoman Davis said she spoke to Ms. Thomas, legal counsel, about it and told her is private funds and

they don’t have control over the land. They only have control over the reservation land. Councilmember

Brady responded still it’s a contaminate coming into the reservation it seems like that would pose some legal

aspect that it might provide damage to the Tribe because of the Clean Water Act. Chairwoman Davis said she

can follow up with Donna Noel, Natural Resources Director. Councilmember Brady said maybe a moratorium

for that one section. Chairwoman Davis said she is not sure about a moratorium but maybe they could get

some language drafted and find out if they can do anything.

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Pyramid Lake Paiute Tribal Council

November 4, 2022, Regular

Councilmember Gonzales said Mr. Mixson knew this was occurring and thought they would at least figured

out if there were issues with it, they would have brought it up. Fernley has been talking about this for over

three years now and it’s been in the works for a long time. It’s a little too late for the Tribe to do anything

since they are already building. They posted everything they were doing, it’s on their website. That’s how

they knew about it three years ago.

Councilmember Ely asked how much money has been put into the site development so far? Ms. Frazier said

they already paid over 25% of the contract, she doesn’t have a specific amount, and they haven’t put a stop

to it yet. Councilmember Ely commented it’s a lot of money they won’t be able to recover and they don’t have

a lot of.

Chairwoman Davis said she can follow-up with Ms. Noel and the Water Team, it’s the only avenue she can

think of now

Councilmember Ely said he conveyed the message to the Housing Board, they had no control over private

land or private money. But what if they were building a nuclear power plan right next to the Tribe? Or maybe

it’s going to be a pattern now that they can build right next to the reservation. You would think there would

be something the Tribe can do.

Councilmember Brady said there is an organization in Reno that gets involved in things like this PLAN,

Fulkerson, maybe they should follow-up with them and see what they could do legally.

Councilmember Davis said to reach out to the City of Fernley directly instead of going a round-about way

after following up with Mr. Mixson. Councilmember Phoenix agreed, they should have that relationship with

Fernley, open the door and find out what is going on. Councilmember Davis said to ask the questions, are

they going to put a hotel, how big is it going to be, where they getting their water and sewer, are there

warehouses, government to government, they should be able to go to Fernley and get those answers.

Councilmember Ely said personally, they are going to say it’s on their website, but they are not being

neighborly, think they are being quiet because they knew the Tribe was going to have issues with it.

Ms. Frazier said she was bringing it to the Council’s attention because this should be coming from the Tribe

and not the Housing Authority to be asking these questions and getting details. Chairwoman Davis said they

will follow-up.

Councilmember Davis asked when is the next Water Team meeting? If they have already spent 25% of their

contract do they need to temporary shut down? Ms. Frazier said the have a meeting on the 9t with their

contractor. Councilmember Davis said because the concerns were raised on the groundwater, they should

raise the concerns with the State and if Fernley has to shut down, then they should, why should the Tribe

have to stop doing what we are doing because of them when the Tribe has water rights and the river next to

us, let’s protect what we have.

Ms. Henry, Tribal Secretary, interrupted to let everyone know there will be a Water Team meeting in

November per Ms. Noel.

Chairwoman Davis said they will put them on the agenda. Ms. Frazier said she will attend.

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Pyramid Lake Paiute Tribal Council

November 4, 2022, Regular

Chairwoman Davis reminded Council that with these concerns, they actually thought about having the PCC

on the Tribe’s land with the same situation and she is glad they are talking about the concerns.

Councilmember Ely said it is a good point because their next development for housing is by the water tank

which would have been next to the proposed industrial park.

Nick Cortez, in the audience said according to Fernley’s website, they are on-going with eh sewer and water

development is under review. The proposed building is 463,000 square feet and the onsite improvements of

the foundation, facilities and accessible parking are also under review

Councilmember Davis said the Land Manager brought them photos that shows there is going to be a hotel

and two or three warehouses.

Councilmember Brady said they are under review the Tribe can still do a letter of protest.

Jolyn Sander, in the audience, said they should get Indian Health Service (IHS) involved since they have a

facility right there and how is it going to affect the existing buildings that are there, the RV park, treatment

program and Victim Services Program.

2. Request for Approval for Chairwoman Davis to attend the 2022 White House Tribal Nations

Summit November 29 thru December 2, 2022.

Councilmember Brady said it’s important she attend because we need to keep our name out there on the

national level and with the tribes in the Great Basin, as well as a national level.

Councilmember Brady motioned to approve the Chairwoman’s request to attend the 2022 White House Tribal

Nations Summit. Seconded by Councilmember Ely. Votes were eight (8) for and zero (0) opposed with zero

(0) abstentions. MOTION PASSED

3. Request for Approval Election Board Primary Election to Conduct Hand Count. Jolyn Sander,

Election Board

Ms. Sander said there has been some concern from Council the board is doing a hand-count or does the Tribe

want to spend $6,000 for the Primary Election? They can do the hand-count since it is only three candidates

on the ballot. They did a head-count when it was the Secretarial Election, it takes more time but it is up to

Council.

Councilmember Gonzales said the concern from Council was if the Council wanted to use the $6,000 to

eliminate one person and it was mentioned there could be a recommendation from the board to not have a

Primary Election.

Ms. Sander said it is in the ordinance, there has to be a Primary Election, even to eliminate one person. If they

had nine people running for Council, then they would have the Council seats on there also.

Councilmember Guerrero said they could recommend they don’t have a Primary Election and go back to the

old General Election and amend the ordinance.

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Pyramid Lake Paiute Tribal Council

November 4, 2022, Regular

Ms. Sander said it would take an amendment to the ordinance and can be done but you have to remember in

the past it was the Council that wanted a Primary so it depends on who is sitting on Council. If that is what

the Council wants to do then they can make the recommendation to the board to make the change. It’ll take

time since it has to be posted.

Councilmember Ely motioned to approve the Election Boards request to Hand Count the Primary Election

Ballots. Seconded by Councilmember Brady.

Councilmember Gonzales asked who is doing the hand-count, it’s a concern from a lot of tribal members, they

are asking who is doing it since the families are so big.

Ms. Sander said the board will be doing the hand-count and everyone that had an immediate family member

running has stepped down from the board. She is down to herself and another committee member and the

alternates at this time, who have no conflict with anyone who is running.

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

Councilmember Guerrero said this is the first time he has heard anything like this from the board being

brought to the Council. It’s great they are doing it but give them an update on what is going on.

Ms. Sander said they were present at the last Council meeting and brought it up but there was no consensus

or motion made. Those questions are going to be asked and that is why she brought it before Council. Her

next question is ballots. Chairwoman Davis said to work with the Tribal Secretary to get them made.

Councilmember Guerrero asked if BIA will be on-hand. Ms. Sander said they request BIA but they have never

shown up, usually ITCN sends a representative.

Councilmember Davis asked if BIA was contacted. Ms. Sander said they won’t come. Councilmember Davis

said they are going under the federal regulations where they can’t monitor anything with Tribes. They started

bowing out from the Tribes when they were trying to push for the Tribes, when they are doing their

Secretarial Elections to take BIA oversight out of their Constitutions but it didn’t pass Pyramid Lake.

Councilmember Guerrero asked about the Tribe’s Secretarial Election, is that item still in the Constitution?

Vice Chairman Wadsworth said its question number 5. Chairwoman Davis said they are still waiting on the

Solicitor’s office from BIA.

Councilmember Gonzales asked for next year could they look at the absentee ballots. Ms. Sander said it’s a

part of the Constitution as far as the absentee ballots are. They tried to change it during the last Secretarial

Election but it failed because they didn’t open up the voting.

Chairwoman Davis said BIA approved $3,000 to help with the election costs so at least they know something

is going to happen.

Councilmember Davis said at the last meeting the Comptroller said he was going to contact the firm that is

in the office now to see if they would step in and he was going to get back to Council to let them know if they

would take the position of the Comptroller and she hasn’t heard anything on it.

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Pyramid Lake Paiute Tribal Council

November 4, 2022, Regular

Chairwoman Davis said she provided the information to Council in her update report to them. Sheri Hunter

is overseeing but because she is a contractor she can’t supervise the office. She is the direct supervisor in

finance but Sheri is overseeing the work and is working closely with Pamela Wright and John McCauley. Sheri

is overseeing the administrative work and everyone is doing their day-to-day jobs as usual. They also got a

full time AP person on board who just finished up the background.

Councilmember Davis said for the record, he did say that was what he was going to do, contact them and they

don’t have anything on record as a second part of that. In regards to the Senior Citizens Bank Account, has

that been take care of. Chairwoman Davis said it has been taken care of and the reason they were getting the

charges was they added all the extras, the no fraud. It was all removed so they shouldn't be getting charged

and their check signers are back to the way it was. Councilmember Davis asked about the Food Distribution

Director, do they have an interim director for the program? Chairwoman Davis said Ben John is following on

it, currently everyone is still doing their duties day to day. Councilmember Davis said he is getting himself

pretty thin since he is also overseeing the PUD and his normal duties including real estate.

Councilmember Gonzales asked about the contractors at the Court, who oversees them. Chairwoman Davis

said she oversees the program and Shellay Kawich, Programs Officer oversees the personnel.

ADJOURNMENT

With no further business before the Tribal Council, Councilmember Ely motioned to adjourn the meeting.

Councilmember Guerrero seconded the motion. Votes taken were all in favor, motion carried.

The meeting adjourned at 6:56 p.m.

Submitted by,

rude tare

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 2"4 day of December 2022, having seven (7) members

present, constituting a quorum, by the vote of six (6) FOR and zero (0) OPPOSED, with zero (0)

ABSTENTIONS.

Minutes attested and concurred by:

Janet Davis, Tribal Chairwoman

Pyramid Lake Paiute Tribal Council

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