TASCO suit against city dismissed
Andrea Egger
Staff Writer
GALLUP — Gallup Mayor John Pena is happy a judge dismissed
a civil suit against the city involving allegations of breach
of contract regarding the building of a power plant in Gallup.
District Judge Grant Foutz recently dismissed the case filed in
November by TASCO General Systems LLC.
"I'm very happy with the way the judge ruled," Pena
said Monday. "They didn't have much of a case."
City officials denied any breach of contract with TASCO because
there was no contract, according to city officials.
TASCO's lawsuit came after the city terminated a letter of intent
to form a contract with TASCO for an alternative electricity supply.
The city's contract with Public Service of New Mexico expires
in 2003, and the city sent out requests for proposals from companies
to obtain an alternate utility supply at a cheaper cost.
TASCO applied, and the city formed a letter of intent to work
with TASCO for the company to provide utility to the city, said
Lynn Isaacson, one of the attorneys for the city. The city's intent
was to provide electricity at a cheaper cost to residents.
TASCO argued that the letter of intent for the contract served
as a contract with the city to build a power plant in the city
which the city would finance and would provide itself with gas,
Isaacson said. City officials saw the letter of intent as simply
that and not a contract.
City officials also believed the letter of intent provided that
TASCO would build the power plant on city property, but that TASCO
would run the plant and would provide the city with electricity.
The city was looking to have a power plant built that could provide
services at a lower rate than PNM.
But city officials did not intend to own and run the plant itself,
Isaacson said.
However, TASCO officials believed the letter of intent to pursue
the project meant that the city would finance the running of the
plant, including the issuing of bonds.
When the city couldn't reach terms of agreement with TASCO, officials
formally terminated the letter of intent. TASCO officials filed
the lawsuit accusing the city of breach of contract.
Attorneys for TASCO could not be reached for comment Monday.
Foutz found that at the time the letter of intent was made, TASCO
was not a limited liability company and that the letter was signed
by "members" of TASCO, not officers of the corporation.
Foutz determined TASCO didn't possess a valid contractor's license.
Since TASCO was not a limited liability company and didn't have
a valid contractor's license, Foutz determined that TASCO didn't
have the capacity to make a contract. The company was not organized
in the manner it was purported to be, which nullified the letter
of intent to pursue the contract, the judge determined.
Isaacson and Pena aren't sure if TASCO officials intend to appeal
the decision.
"TASCO would have the right to appeal," Isaacson said.
The city is still studying the matter of whether to seek an alternative
source of power, Isaacson said.
| Top |
Navajo Police show 'right stuff'
Jim Maniaci
Diné Bureau
WINDOW ROCK — While Navajo police may be few in number, they
do have special units to deal with unique situations, such as K-9s
and SWAT teams, now called Tactical Operations Teams.
And on Friday as part of Law and Justice Day with the Window Rock
Judicial District, the Navajo Law Enforcement and Criminal Investigations
Departments showed their stuff to the public in the north parking
lot of the Hall of Justice.
Many groups, such as Toys for Tots and the Highway Safety Department,
gave visitors free items, ranging from literature to toys to pens
and pencils. The Window Rock court conducted tours of its tightly-packed,
but modern-equipped, offices on the second floor of the Hall of Justice.
One popular display was set up under camouflage netting as the Tactical
Operations Team showed a lot of its equipment, both defensive and
offensive.
Team Leader Sgt. Wallace Billie would have been invisible if it had
been nighttime instead of high noon. He wore black from the top of
his helmet to the soles of his boots. Over a bullet-resistant vest
he had on a net vest to hold all kinds of things, such
as binoculars, compass, chemicals, gas mask, flashlight, handcuffs,
etc.
People who had to have some arm strength got to lift a battering ram
that officers nicknamed, "the master key." Others got to
try on bullet-resistant vests.
On the table in the front of Billie's tent were several guns. Most
fire .223 caliber rounds, meaning the same ammunition can be used
whether the officer carries an AR-15, a Steyr-Aug both designed for
closer-in shooting or a Remington model 700 sniper rifle. Officers
also carry 9 millimeter handguns.
There was a tear-gas gun to fire many different types of rounds CS,
CN, OC, beanbag, for instance.
Among the different types of "ammo" for the short, but big
diameter barreled weapon, some of the rounds are designed to break
through windows and doors before the gas is released. Their tips look
like huge parts of a burned pie crust that have been folded neatly
together into a point.
This is the type that would be fired to flush out suspects who barricade
themselves in a house.
Another type of round is loaded with a powder instead of a liquid
and is designed for crowd control. Its tip is flat and looks like
the chalk used on the tip of pool cue.
Officer Erik Francisco explained that the gases affect the human body
differently. For instance CS affects the eyes and breathing and burns
like Mace, while CN concentrates primarily on the respiratory system.
OC, on the other hand, has a concentration of the pepper-like ingredient
found in Mace and comes from a small spray can.
Team members receive special training and equipment, but volunteer
for the job and do not receive extra pay.
The reason for having such a team, the officer said, is because "We
live in such a violent society now," especially compared to a
few years ago. Fortunately, the team hasn't been called out this year.
The last incident was in 2000 during an overnight 12-hour standoff
in Ganado.
"People call the police, if they need help. If the police need
help, they call on the Tactical Operations Team, because of its special
training and equipment," he said.
Team leaders look for officers with at least two years' patrol experience
and a military background. Candidates are tested for physical fitness,
firearms expertise, and are given a problem, a scenario they might
face, to test their decision-making. Then they must pass an orals
board during which they undergo an extensive interview.
The Navajo Law Enforcement Training Academy at Toyei distributed pamphlets
telling what it takes to become a Navajo cop.
Upon graduation from the four-month course, the new peace officers
are certified by Arizona, New Mexico and the U.S. government.
Candidates must be 21 or older before graduation, pass physical examinations,
be at least a high school graduate (or hold a General Education Development
certificate), be a U.S. citizen, not have any felony convictions,
no misdemeanor convictions within three years, nor excessive traffic
citations. The other requirement is not being dishonorably discharged
from the U.S. armed forces.
A complete background check also is required.
The academy offers classes toward a criminal justice associate degree
in conjunction with Northland Pioneer College.
| Top |
Laguna opens travel center
Tara Drolma
Staff Writer
GRANTS — Laguna Pueblo celebrated the official grand opening
of the 8,000-square-foot Dancing Eagle Travel Center over the weekend.
Harry Early, governor of the Pueblo of Laguna, and Roland E. Johnson,
chairman of the Pueblo of Laguna Development Corp., officiated at
the ceremony. Early said New Mexico has always been a crossroads,
but accommodations for travelers
have not always been "tolerable."
He said the travel center is a breakthrough in the Southwest because
it focuses on the needs of every interstate traveler from "trucker
to motorist ... from food to entertainment and other vital services,
we have left nothing out of the equation."
The eight-pump center is located off Interstate 40 exit 108 across
from the Dancing Eagle Casino. It sells all types of gasoline and
diesel fuel. There are 100 paved and 50 graveled parking spaces for
big rigs and an RV park is being planned. Every 10 minutes a golf-cart
shuttle carries guests from the travel center to the casino and the
supermarket. The center is divided into the truckers' lounge, the
hot food area and the convenience store.
The truckers' lounge is 1,500 square feet. There are five showers,
laundry facilities, video games, big screen TV, computers and four
enclosed pay phones for travelers. There is a theater with a 50-inch
screen and an assortment of movies for viewing as well as 20 video
games.
There are four enclosed computers that can be rented and there is
load system viewing screen for truckers to use in developing schedules.
Covered diesel gas pumps cater to truckers and are equipped with a
pump pay system.
Guests also can purchase propane and kerosene.
The 2,800-square-food hot food side of the facility has a Taco Bell,
Hot Stuff Pizza, Smash Hit Subs, Cinnamon Street Bakery and Cappuccino
Coffee Bar. There is booth and table seating for 60 people. Phones
will be installed at the tables for customer use.
There is a 3,700-square-foot convenience store including a smoke shop
with tax-free tobacco products. Within the
convenience area there also are four computers for tribal members
to use at no charge.
| Top |
Athletes of the Week
Santiago Ramos
Staff Sports Writer
This week's Independent Athletes of the Week for the week of April
29-May 5 are Class 1A state champions Andy Yazzie, Lloyd Yazzie, Jessie
Hale, Tim Tamminga, Philip Fredericksen and Sean Rivera, all of Rehoboth
Christian.
Rehoboth senior Andy Yazzie captured the 1600-meter state title for
the third year in a row with a winning time of 4:41.38, beating teammate
Lloyd Yazzie who was timed in 4:47.17.
Yazzie also anchored the victorious 1600-meter medley team that captured
its third consecutive state title after an unbeaten season with an
impressive 800-meter final leg that pushed Rehoboth from third place
to first with a fast time of 3:46.15, nearly 20 seconds ahead of state
runnerup Tatum.
"I felt real good," said Yazzie, who skipped defending his
state title in the 3200 to run a pair of 1600-meter relays. "I
came in real confident. But in the 1600 meters it didn't matter who
won - me or Lloyd. We wanted to go 1-2 and we did."
Yazzie, the state runnerup and the district champ in cross country
this past year after being the state champ and district runnerup his
junior year, said he plans to attend Calvin College in Michigan and
major in engineering.
Rehoboth sophomore Lloyd Yazzie, a transfer from Pine Hill, captured
the 3200-meter state title.
Yazzie, who finished third at state and second in districts during
the cross country season, posted a winning time of 10:27.99 in easily
claiming the 3200-meter state title by nearly 20 seconds, a title
that Andy Yazzie claimed last year.
"I kept looking back during the race until the seventh lap and
then I gave two thumbs up to my coach," said Lloyd who also finished
second in the 1600 behind Andy Yazzie.
Rehoboth eighth-grader Jessie Hale captured the 3200-meter state title
with a winning time of 12:13.48 after coming up short in the 1600
meters and the 1600-meter medley with a pair of seconds.
"I was really disappointed in the 1600," said Hale whose
older brother Jordan, who is attending Georgetown, won the 800-meter
state title while at Rehoboth several years ago. "I really wanted
to win the state title. If I had run smarter in the 1600 I would have
won."
After losing the 1600, Hale said she was more determined to make up
for it in the 3200 the next day.
"I was determined to win and do my best in the 3200," said
Hale who was the state cross country runnerup after winning the district
title."When I won the 3200 I was real excited."
Rehoboth sophomore Tim Tamminga edged out Tatum's Chance Gainer to
claim the 800-meter state title with a winning time of 2:05.06 to
2:05.54 and also ran on the winning 1600-meter medley team.
"I was feeling confident since I had the fastest state qualifying
time," said Tamminga whose older brother Dan claimed the 3200-meter
state title in his last two years. "But I didn't know if I could
pull it out. I ran the first lap too fast and then with 50 meters
I was able to past the Tatum runner for first."
Rehoboth sophomore Philip Fredericksen ran the third leg with a 400-meter
leg on the state championship 1600-meter medley team.
When Fredericksen received the baton for the third of four legs, Rehoboth
was in sixth place out of seven teams. With a fast third leg, Fredericksen
was able to boast Rehoboth from sixth to third place before Andy Yazzie
finished out the final two laps that led to the team's third consecutive
medley state title.
"Andy (Yazzie) ran a great 800," Fredericksen said. "We
blew them (the competition) away."
Rehoboth freshman Sean Rivera ran the second leg of 200 meters on
Rehoboth's 1600-meter medley relay team.
"The last two legs were the best ones," Rivera said.
Rivera also placed eighth in the 1600 and ran on the third place 4
by 400-meter relay team.
| Top |
Sundance man alive and well
Bill Donovan
Staff Writer
GALLUP — The last thing that Pauline Begay expected to see in
Monday's paper was that her husband was dead.
But there it was in black and white in Monday's obituary page for
the Gallup Independent under the obituary for Peter Michael Begay
Sr. The obituary said that Peter Begay was preceded in death by his
brother, Leo C. Begay.
"Everyone in the family was shocked to read this," said
Pauline Begay, pointing out that her husband was alive and well at
age 61 and was at that moment sitting in a chair in his home in Sundance,
unaware that an article in the local newspaper said he was dead.
"As soon as I read that, I began feeling sick," she said...
| Top |
Safety top concern of Navajo parents
Bill Donovan
Staff Writer
GALLUP — Parents of students attending public school in Navajo,
N.M., were out in force at Monday's school board meeting complaining
about safety conditions in the school.
Among the complaints that were brought up centered around fires at
the high school, rampant gambling and fights and allegations that
one student was allowed to bring a tazor (a weapon that provides an
electrical shock) to school.
More than 25 parents attended the meeting at Navajo Pine High School
to complain that administrators at the school were not treating students
equally when it came to disciplinary matters.
Dorene Mose, one of the parents at the meeting, complained that she
has seen students playing dice and cards for money on school grounds,
even though gambling is illegal on the Navajo Reservation...
| Top |
Trial date sought in embezzling case
Tom Purdom
Staff Writer
GRANTS — A June 4 trial date has been requested for accused
Milan embezzler Sandra Gonzales, killing rumors and speculation
that she had worked out a plea bargain.
Gonzales was at the Cibola County Courthouse on Monday for her pretrial
hearing before District Judge Camille Olguin in a case involving
a 44-count grand jury indictment.
The 40-year-old former Village of Milan clerk is accused of embezzling
more than $180,000 in public money between May 23, 1996, and April
28, 2000. She was supposed to have a pretrial conference in March,
but failed to show up.
Defense attorney Paul Kennedy requested the June 4 date despite
warnings from Thirteenth Judicial District Assistant Attorney Mike
Calligan, who said Gonzales' defense team has not even gone through
the evidence against the accused...
| Top
|
Make-A-Wish seeking volunteers in Gallup area
Elizabeth Hardin-Burrola
Special to the Independent
GALLUP — The Make-A-Wish Foundation, an organization known
for granting the wishes of children with life-threatening illnesses,
is being granted a wish of its own: local volunteers.
A small volunteer group is forming in Gallup, and its members are
looking for others willing to assist the work of Make-A-Wish Foundation
of New Mexico. Interested individuals from Gallup, Grants and reservation
communities are encouraged to attend a new volunteer orientation
and training session this Saturday at Gallup High School.
According to Cynthia Baca, the director of development for the New
Mexico Chapter, Make-A- Wish was founded in Phoenix
in 1980. It is now the largest international wish-granting organization
with 100 chapters worldwide. The New Mexico Chapter was founded
in 1986, but there has never before been local volunteers to help
work with area sick children and their families. Until now, Make-A-Wish
representatives have had to travel from Albuquerque...
| Top
|
Dilcon recall drive 'fastest ever'
Larry Di Giovanni
Staff Writer
WINDOW ROCK — The fastest signature gathering for a recall
movement in Navajo Nation history is complete in just 28 days.
The "ayes" carried the day Monday morning at Navajo Election
Administration in Window Rock. And while the movement's organizers
had until Oct. 8 to get all of their signatures in all the time
they required was from April 9 to May 7.
The credit or criticism depending on one's perspective goes to a
Recall Committee trying to oust five members of the Dilcon Community
School board. The credit must also be shared with an undetermined
but likely high percentage of the 281 community voters who cast
ballots in the last Dilcon school election. That was on Sept. 5
of last year.
Recall Committee members who made the trek early Monday to meet
Election Administration supervisor Veronica Curley in Window Rock
were President Patricia Nezzie, Alex Thorne, and Melvin and Lorraine
Riggs. Jennifer Curtis could not make the trip...
Shiprock's 1-2 punch puts Chieftains
in lead
Michael Peretti
Staff Sports Writer
ALBUQUERQUE — A year ago there was no such thing as Shiprock
Lady Chieftain golf. Now, the first year program is looking to win
its first state championship.
The Lady Chieftains team combined for a 372 during the first day
of the Girls Class 1A-3A State Golf Championship at the Isleta Eagle
Golf Course Monday. Shiprock's score put the Lady Chieftains atop
the team race by a comanding 23 strokes over second place Socorro
and Hot Springs, both with 395.
"We did very well," said Shiprock head coach Kevin Holman.
"Today we shot our best ever team total."
Holman said that his team, which has been together for about a month,
has done great in all of their tournaments this year and that they
are playing good...
| Top
|
Deaths
Regina Ruth Sanchez
BELEN — Services for Regina Sanchez, 41, will be held at 10 a.m.
Wednesday, May 9, at First Baptist Church, Thoreau. Pastor Tom Shelton
will officiate. Burial will follow at Thoreau Community Cemetery.
Sanchez died May 5 in Belen. She was born June 18, 1959, in Gallup
into the Two Who Came to the Water People Clan for the Red Running
into the Water People Clan.
Survivors include her son, Seferino Sanchez of Gallup; daughter, Sharika
Shorty of Farmington; parents, Robert Tom Shorty and Ruth Largo of
Gallup; brother, Randolph Tom Shorty of Texas; and sisters, Rebecca
Krouth of Yah Ta Hey and Roberta Marsh of Farmington.
Sanchez was preceded in death by her brothers, Matthew Shorty and
Robert Shorty.
Pallbearers will be Lance Begay, Richard T. Krouth, Jimmie B. Largo,
Matthew L. Marsh, Warren Proffer and Timothy L. Shorty.
Rollie Mortuary is in charge of arrangements.
Lena Ann Thomas
JONES RANCH — Services for Lena Thomas, 45, will be held at 10
a.m. Wednesday, May 9, at St. Mary's Catholic Church, Tohatchi. Father
John will officiate. Burial will follow at Naschitti Community Cemetery.
Visitation will be held from 4-7 p.m. today at Cope Memorial Chapel.
Thomas died May 4 in Albuquerque. She was born April 23, 1956, in
Shiprock into the Towering House People Clan for the Bitter Water
People Clan.
Thomas earned her GED at Shiprock High School. She was self-employed,
making sand paintings, sash belts, and weaving rugs. She played basketball
in high school.
Survivors include her husband, Tom Thomas of Jones Ranch; son, Tedrick
Thomas of Jones Ranch; mother, Clara Begay of Naschitti; brothers,
Max Denetdale and Russell Begay Jr., both of Farmington, Ronald Begay
of Coyote Canyon and Alfred Begay of Naschitti; sisters, Marilyn Begay
of Chicago, Betty Denetdale, Darlene Jones and Celina Foster, all
of Naschitti; and one grandchild.
Thomas was preceded in death by her father, Russell Begay Sr., and
brothers, Jerry Denetdale and Arnold Begay.
Pallbearers will be Max Denetdale, Alfred Begay, Tedrick Thomas, Rex
Morris, Clifford Notah and Ronald Begay.
The family will receive friends and relatives after the burial services
at Naschitti Chapter House.
Cope Memorial Chapel is in charge of arrangements.
| Top
|
Contact the Gallup
Independent
Please send the Gallup Independent feedback on
this website and the paper in general.
E-mail: gallpind@cia-g.com
By mail:
The Independent
PO Box 1210 Gallup, NM 87305
500 N. 9th Gallup, NM 87301
All contents property of the
Gallup Independent.
Any duplication or republication requires consent of the
Gallup
Independent.
Feel free to send any questions or comments to
gallpind@cia-g.com
E-mail the webmaster at
martyr_dom@hotmail.com
for problems concerning the website ONLY.
