The perils of painting

Richard Epaloose of Cherney's Painting works on the Kansas City Smoke House on Tuesday.

Photo by Michael Fagans

 

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Council siphons reserve fund

Jim Maniaci
Diné Bureau

WINDOW ROCK — The Navajo Nation Council chopped the Undesignated Reserve Fund down to $10.9 million from $14.6 million during Monday and Tuesday's special session.

And in December, when the council returns for its ninth special meeting this year, the remainder could be cut almost in half with two requests for another $4.4 million. If delegates OK the pair of withdrawals, the fund would be down to $6.5 million and it is supposed to contain $56 million.

The $3.7 million siphoned in two days from what legally is an emergency fund for six months' operation of the tribal
government includes $1.75 million as front money for the 2002 Winter Olympics. The Navajos are the only Salt Lake Olympics Committee-sanctioned tribe.

Plans by the Navajo Tourism Department include 100 booths at $2,500 each for what Director Fred White called "established" artists to whom such a fee is a small matter because they sell thousands of dollars worth of their works, he said. There also will be a free area for unestablished artists and craftspeople in the downtown Navajo Pavilion.

White said the two new people (one less than his initial request) being added to the payroll for the two budget years would be hired from Navajos in the Salt Lake City metropolis.

According to his revised budget, $29,571 will be for travel, $80,098 for utilities and communications leases, personnel costs will use up $150,000, consumable supplies will eat up another $187,231, construction $300,000 (about 40 percent less than initially proposed) and contractual services will gobble up $1 million.

The spending plan initially given the council showed contractual services totaling $1 million, with $600,000 of that for
professional services and $400,000 for advertising and promotion, but the new figure lumps it all together.

White told the council that not only should the entire $1.75 million be returned, another $600,000-plus also should be deposited into the Undesignated Reserve Fund.

On Monday the council approved $1.9 million from the fund for the Public Employment Program, Head Start and chapter house maintenance.

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Want fries with that? Forget it

Jim Maniaci
Diné Bureau

WINDOW ROCK — A timid Navajo Nation Council left the multi-million dollar french fry potato project frozen in the ground and did not consider it Tuesday.

But delegates will return the first week of December to decide the final fate of the two huge partnerships that would bring several hundred jobs to the Northern Agency.

After adjournment, Navajo Agricultural Products Industry General Manager LoRenzo Bates told the Independent he remains optimistic, but frustrated, too.

"The council asked for the deal, so we brought it to them. We understand how important it is and the impact it will have on the Navajo Nation. We know what we do will set a precedent. We still have faith in the Navajo Nation Council. If they vote 'no,' then it's 'no' and we go back to just being farmers," Bates said.

As to being "just farmers," Bates said the weather cooperated this year during the critical growing season so NAPI expects to make a profit this year, if everything holds up. Its last profit was three years ago, he said.

His "faith" comment refers to a statement he made last week that tribal attorneys were the main stumbling block and that President Kelsey Begaye and his division directors were not pushing the project; therefore, NAPI was putting its faith in the council to approve the economic development effort.

"The tribal attorneys and administrative directors appointed by the executive office to work on this project are so risk adverse that they would rather sit and wait for rain than risk a thorn walking to water," he said.

Proposal axed

In his Oct. 26 review, Assistant Attorney General James Fitting issued a scathing critique against the key multiple-point resolution.

Fitting grouped issues into finances and organization, the impact of a waiver of sovereign immunity on tribal sovereignty and other concerns such as the provision for free water being a political decision with immense impact.

The attorney said the general fund could not sustain a $20 million expenditure; even though NAPI can issue bonds, the tribe itself has no way to issue them. He also wrote, "governments cannot cease doing business, whether they are solvent or not" and NAPI is part of the government.

Fitting believes the waiver against being sued is full and not limited.

"The 'waiver' which is requested by these resolutions is to turn dispute resolution over to a body outside of, and apart from, the courts of the Navajo Nation," he wrote. He also objected that binding arbitration was not nailed down with no enforcement included.

He most strongly objected to the council taking over the authority of his boss and the controller in the matter.

He wrote, "It is clear, and has been clear for some time, that both the Controller and the Attorney General, while not opposed in any way to the concept of the development of the French fry plant, or to the growing of potatoes by NAPI for RDO (R.D.
Offutt Company) to process, have considerable reservations as to the scheme which has been proposed by NAPI and RDO ... In short, the plan requires the Navajo Nation to take virtually all of the risk and give NAPI and RDO all of the
benefits."

NAPI analysis

In an Oct. 19 progress report, Bates wrote, "The critical issues are (a) whether the Nation is willing to obtain financing to build the factory building; (b) whether the Nation will support and provide a limited guarantee of NAPI's participation in the Factory and Growing ventures; (c) whether the Nation will provide a limited waiver of its sovereign immunity to enable the partners to obtain recourse a provided for in the dispute resolution section of the agreements; (d) whether the Nation is willing to agree to dispute resolution provisions as provided for in the various agreements."

In December, if the council rejects either of the two necessary resolutions, it's all over, Bates said. The council also must kill a competing resolution to take away the initial $10 million to use for chapter capital improvements.

The council will be asked to extend the present Jan. 23, 2001, deadline for the 1995 letter of intent with RDO for the use of the $10 million that is now sitting idle, but earning interest. The new deadline would be Jan. 30, 2002.

Then delegates will be asked to approve another $20 million to construct the potato processing factory with a long list of other related actions.

Those actions include the limited waiver of sovereign immunity from suit to allow binding arbitration, providing free water, forbidding local chapters to tax or regulate the project, and transferring to the pro-project Economic Development and Resources Committees the powers of the Justice Department and the Controller to approve documents.

In a Sept. 28 memo, Resources Committee Chairman George Arthur said NAPI and RDO each would own half the growing partnership. NAPI also would have 25 percent of the factory partnership and RDO 75 percent, but RDO would sell two-thirds of its factory partnership.

Bates' October memo identifies the third partner as Lamb Wesson, which will choose between Maine and NAPI. The deals would be for 30 years with 160 acres required for the factory and 15,000 acres for the potatoes.

He said NAPI and RDO each have spent about $1.3 million.

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Cibola to seek bids for new jail

Tom Purdom
Staff Writer

GRANTS — Cibola County is in a critical situation concerning lack of affordable jail space, so the commission this week finally gave County Manager Bob Ortiz the go-ahead to seek requests for proposals (RFPs) on turn-key jail operations.

The lack of a county jail facility in Cibola County has been cussed and discussed for months, but until Monday night the commission was no closer to a solution than it has been since Ortiz outlined the situation to the commission members several months ago.

County inmates now are sent to the detention facility in Milan run by Corrections Corporation of America; any overflow inmates are sent to Gallup.

In need of jail space and with almost nowhere to turn because of an expiring contract, commissioners began discussing building a new jail facility, but scrapped the idea because of the expense. The county would have to float a bond issue and Ortiz said he did not feel residents would approve it.

The county could renegotiate its contract with CCA, but Ortiz said he cannot get the huge prison corporation to respond to a letter, let alone sit down at a negotiating table. The county's contract with CCA expires in April and Ortiz said there are no negotiations with the company in the offing.

Ortiz said he received a letter from the new CCA president John D. Ferguson on Oct. 16. Ortiz said the letter was a promising one, ending with: "Finally, let me re-emphasize the enthusiasm and confidence that I bring to my new role as the leader of this excellent and widely respected company. I value your business with CCA and want you to know that you should never hesitate to call Mike Quinlan or me directly."

On Oct. 30, Ortiz wrote Ferguson back saying he had met with a CCA official in July and he told the official that for the last two years the county has seen a "serious increase in our cost for care of prisoners in Cibola County."

Ortiz wrote, "While there are a number of factors which have contributed to this situation, the fact remains that our jail expenses have literally drained the county's operating fund. So much so that we have had to send our prisoners to another county in order to cut our expenses."

Because of escalating jail costs the county last year saw a deficit of about $300,000 and expects to see a deficit of some $500,000 this year.

Ortiz wrote Ferguson that the county appealed to CCA to renegotiate the agreement and that the official appeared interested in addressing a number of the issues. Ortiz wrote that the official said he would respond by Aug. 2000.

"We have neither heard from Mr. Turner nor has he returned any of our calls to his office," Ortiz wrote.

Since writing the letter Ortiz said he has not heard from Ferguson.

To the commissioners Ortiz said, "It is my belief CCA has no interest in renegotiating a contract with the county in April."

The plan now is to contact about five companies to build, equip and run a jail in Cibola County, but not just any jail rather one with about 200 beds so the successful company can bring in inmates from other counties and most importantly, one the county can afford.

The commission voted 4-0 to give Ortiz the authority to seek the Request for Proposals.

In other matters the commission:

Tabled a DWI Contract for a teen court assistant because the matter was not first approved by the DWI Task Force Board of Directors.

Approved a $37,125 bid from Caselle Inc., of Spanish Fork, Utah, to provide a state-of-the art county finance software package.

Approved the appointment of Sam Dominguez to the Cibola County Senior Citizen Advisory Board.

Approved a resolution supporting a program of hazardous materials incident preparedness.

Approved the appointment of James Meisner as the county's representative to the New Mexico Association of Counties Board of Directors.

Approved Connie Silva as the voting rights coordinator for the Pueblo of Acoma.

Approved a grant amendment to the Enhanced 911 addressing program.

Approved five budget adjustments, from a line item change for the Candy Kitchen Volunteer Fire Department to transfers from the PILT Funds.

Approved appointment of the newly elected officials as a committee to represent Cibola County at the New Mexico Association of Counties 2000 Better Informed Public Officials Conference.

Approved a road department hazardous training program.

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Navajo Prep, Newcomb favorites for girls 1AA

Michael Peretti
Staff Sports Writer

The District 1AA girls basketball picture looks to be, according to most coaches in the district, one of the toughest in the state.
With Navajo Pine, Navajo Prep, Newcomb, Shiprock Northwest and Zuni, the teams prepare to battle again for the first place in the tough district.

Navajo Pine

Navajo Pine, which finished last year at 12-10, only lost two seniors from last year's squad. The Lady Warriors, which return 10 players, are led this year by senior center JoDonna Begay. Lahtona Louis, a sophomore guard, is also a key player according to head coach Janet Murrietta.

"It's pretty tough," said Murrietta about the competition in the district. "Everyone always plays really well."

According to Murrietta, Navajo Prep should be the team to beat in the district this year. "I think Prep is the favorite, they always have a good team," she said.

Navajo Pine opens up their season on Friday against Many Farms.

Navajo Prep

Though the other teams in the district pick the Lady Eagles as the favorites, head coach Robert Adams does not think his team will have as easy of a time.

"We finished third last season and that team was the strongest that I have coached so far," he said. "We are a young team, and we are working on trying to get our program going again."

The Lady Eagles finished 18-11 last year and are returning seven players. The Lady Eagles graduated five seniors and some kids are going to have to step up if the Eagles are to have a chance in the district.

Newcomb is the team to beat in the district according to Adams. "They beat us once last year and have nine players returning, so I think they are one of the top teams in the state, along with Texaco, Hatch and Escalante."

Adams said that there is no starting lineup for his team, and highlighted several players that could take over the leadership role on Prep's team. Seniors Vanessa Francis, Alicia Becenti, DeLano Yazzie and Sasha Lewis were a few of the key players named by Adams. Junior Jeanice Morris, sophomore Kendra Henry and freshman Carol Lee Jefferson top off the list of key players for the Eagles.

Navajo Prep opens their season on the road against Aztec on November 30, and play their first home game on December 19 against Farmington.

Zuni

Zuni is returning two starters and three other players with varsity experience. Highlighting the list of players for the Lady Thunderbirds are senior guards Talana Johnson and Helena Mahkee, along with senior forward Erica Ericho and post player, freshman Jara Hooee.

Othole said that Navajo Prep will most likely be the team to beat. "Prep always has a pretty good team, and they will probably have one of the top teams in the district."

"It's a tough division," said Othole. "Whoever wants it the most and plays the hardest can win it. It doesn't get any easier. Everyone has a shot."

Othole mentioned that Newcomb beat Navajo Prep last year and they should also be considered a top contender. "I think Prep and Newcomb have the two top teams in the division."

Zuni opens up their season on Friday in Reserve, and then play their first home game on Tuesday against Sandia Prep.

The Newcomb and Shiprock NW coaches did not return messages left at school by the Independent.

Tohatchi forfeits, Thoreau goes to state

Carrie Loretto
Sports Editor

TOHATCHI — The Tohatchi Cougars shocked the Thoreau Hawks last Friday night to earn a berth into the Class AAA state playoffs, but then received a shocker of their own Tuesday.

"We had a player academically ineligible that we did not know about. As soon as we found out yesterday (Monday), we called the New Mexico Activities Association and reported it. Of course, we had to forfeit the game,"Tohatchi coach Chuck Bucciogrossi responded late Tuesday night when contacted by the Independent which received a fax from the NMAA which briefly stated the same information.

The press release further stated the it"requires a minimal-sanction-forfeiture in this case and any additional action may be limited because of the manner in which the member school handled the infraction, as it was reported immediately upon recognition."

The forfeit makes Thoreau (now 7-3) the district runner-up and they will travel to Lovington Saturday.

Tohatchi High School sent out report cards two weeks ago and weeded out "a couple"of academically ineligible players.
Bucciogrossi declined to name the player that was overlooked. Athletes must maintain a minimum 2.0 gpa and be passing all core academic classes with a C or better to be eligible to participate in extra-curricular activites.

Bucciogrossi conducts weekly grade checks to ensure a person close to becoming ineligible is helped before he actually falls below minimum requirements. However, the nine-week grades are the ones which actually determine eligibility and the player who came under question did receive a lower grade on his report card, but there was a mistake in the grades provided to Bucciogrossi "We thought we had taken everybody off, it was an oversight,"said Bucciogrossi who then had the inenviable task of breaking the news to his team.

"They were very hurt. They played hard, they played with their heart, it was like ripping their heart out,"he said."When you have kids pull together like they did to beat Thoreau, it was painful to see their eyes."

"Well, it kind of surprised me,"Thoreau coach Dick Heward responded."(We're) very excited. I know we'd feel a lot better if we were going by having beat them on the field, but they came to play and we didn't,"Heward said referring to Tohatchi's stunning 27-21 District 1AAA victory last Friday.

"We'll take it from here and do the best we can, even with the late notice,"said Heward who went through a light practice Tuesday afternoon after redistributing equipment that his players had already turned in.

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First Mesa adopts idea of community policing

Stan Bindell
Special to the Independent

POLACCA, Ariz. — The need for community policing was the focus of a recent workshop at First Mesa Consolidated Villages.

The two-day session was led by Annie Goy, community involvement specialist for the Navajo Nation Regional Community Policing Institute in Toyei.

Community oriented policing, known as COPS, focuses on communities working together with law enforcement to address crime and to make cmmunities safer. The program is 100 percent federally funded.

Goy has given similar workshops throughout Arizona and parts of New Mexico...

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Panel OKs $36 million pact for social services

Jim Maniaci
Diné Bureau

WINDOW ROCK — Contracts worth more than $39 million have been approved by the Navajo Nation Council's Inter-Government Relations Committee including one for more than $36 million for social services.

And the committee granted the final OK to have the Bureau of Indian Affairs eliminated from approving all land leases except for mining of minerals.

The big contract for $36.401 million covers five years, starting Jan. 1, and is a Public Law 93-638 pact with the Bureau of Indian Affairs. P.L. 93-638 allows tribes to contract to operate services previously provided by the U.S. government.

Another five-year 638 contract the committee approved was for $3.7 million a year from the Indian Health Service so the tribe can operate the Emergency Medical Services program through December 2005...

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Deaths

Gary Dean Lewis

HAYSTACK — Services for Gary Dean Lewis, 43, will be held at 10 a.m. Thursday, Nov. 16, at the Assembley of God-Prewitt. The Rev. James Winters will officiate. Burial will follow at the Grants Memorial Park.

Lewis died Nov. 10 in Grants. He was born March 31, 1957, in Crownpoint into the Mescalero People Clan for the Sage Brush People Clan.

Survivors include his sons, Brandon Lewis of San Diego, Calif., and Garrett Colton Lewis of Paguate; daughters, Amanda Valentina Lewis, Rebekkah Shantell Lewis and Victoria Nicolette Lewis, all of Paguate; mother, Grace M. Lewis of Haystack; brothers, David Cecil Lewis, Ervin Lewis, Richard Lewis and Hebrew Lewis, all of Haystack, Benjamin Lewis and Cecil Lewis, both of Prewitt, Albert Lewis of Iyanbito, Juan Lewis of Fort Wingate and Paul Dee Lewis of Salt Lake City, Utah; and sisters, Julia Nelson, Lorene Lewis, Alice Lewis, Mae Lapahe, and Ida J. Belone, all of Haystack, Ailene Johnson of Thoreau and Lillie Francisco of Canyoncito.
Lewis was preceded in death by his father, Cecil Lewis Sr.

Pallbearers will be Benjamin Lewis, Brandon Lewis, Cecil Lewis Jr., Hebrew Lewis, Nathan Lewis and Richard Lewis.

Rollie Mortuary is in charge of arrangements.

Annina DeSantis

GALLUP — Funeral Mass for Annina DeSantis, 65, will be held at 11 a.m. Thursday, Nov. 16, at Sacred Heart Cathedral. Father Pat Universal and Father Jim Walker will officiate. Burial will follow at the St. Francis Catholic Cemetery.

Rosary will be recited at 7 tonight at Sacred Heart Cathedral.

DeSantis died Nov. 12 in Gallup. She was born March 18, 1935, in Consano, Italy.

Survivors include her husband, Modesto DeSantis of Gallup; son, Nick DeSantis of Gallup; daughter, Lucia Rowberry of Gallup; sisters, Stella DiCesara of Consanio, Italy, and Leda Rossetti of Vancover, Calif.; and two grandchildren.

DeSantis was preceded in death by her parents, Germano DiGreggorio and Rosa DiGreggio.

Pallbearers will be Frank Colaianni, Quint DiGacomo, Nick DiGialloardo, Romeo DiGiallonardo, Adelfio Fronterotta, Stanley Gray and Bill McCarthy.

Donations can be made to the Gallup Catholic School Foundation, 515 Park Ave., Gallup, N.M. 87301.

Rollie Mortuary is in charge of arrangements.

Howard Tsosie

BLACK MOUNTAIN, Ariz. — Services for Howard Tsosie, 64, will be held at 10 a.m. Thursday, Nov. 16, at the Mennonite Church, Black Mountain. Burial will follow at the Black Mountain Cemetery.

Tsosie died Nov. 11 in Chinle, Ariz. He was born April 22, 1936, in Black Mountain into the Water Flows Together People Clan for the Rock Gap Clan.

Survivors include his brother, Lee Begay of Blue Gap, Ariz., and sisters, Zonnie Tsosie and Ella Mae Charley.

Tsosie was preceded in death by parents, Marilyn Begay and Hoskie Tsosie, and brothers, David Tsosie and Cecil Tsosie.

Tse Bonito Mortuary is in charge of arrangements.