Sharon Spencer, left, and Verna Brown, driving partners for U.S. Xpress, have been awarded the Million Mile Award for driving more than 1 million miles without an accident.

Photo by Michael Fagans

 

Wednesday
August 2
2000

( selected stories )

| Aug 1 | Jul 31 | Weekend | Jul 28 |
| Jul 27 |

— Contents —


Drivers safely rack up miles

Delegate to sue over pay raise

Dinamation fights back
Museum challenges city's suit


Zuni rounds up, destroys problem animals


Window Rock team competes at nationals

Tuba City raid stirs suspicion


Alcohol fuels assaults on Navajoland


Candidate encourages strikers

Native Americans want a voice on water panel

Continental accounts sold to NTUA

Deaths




Drivers safely rack up miles


Sylvia Carlson
Staff Writer

GALLUP — One million miles is the equivalent to four trips to the moon. That's how many miles truck drivers Verna Brown and Sharon Spencer have traveled across the 48 states and Canada without a single accident.

Spencer, a Tohatchi native, and Brown of Crystal are partners on the road, taking turns every five hours and then splitting the wages. And as experienced drivers, their combined salary is more than that of many doctors.

Although the pair get home only a few-odd days a month when passing through on Interstate-40, Brown describes the interior of the truck as "really homey," complete with ample bunks, a television and VCR, and a microwave among other little amenities.

The two have been driving exclusively for U.S. Xpress Enterprises for seven years and have no plans to change.

"They're really driver-oriented," Spencer said. "They treat their drivers well."

Spencer, who began trucking in 1984, left her teaching career at Tohatchi High School in search of something more interesting and more lucrative. She found what she was looking for in trucking, and recruited Brown a year later.

The pair have created a certain amount of fame for themselves in the business as well, because they are reportedly the only Native American women to have been awarded the Million Mile award. September's issue of the magazine "Women and Trucking" will feature them on the cover.

"It's something we feel is quite an achievement," Spencer said, referring to the 1 million miles without accidents. "We're part of an elite group of drivers the knights of the road ... We represent the nation's best, and it feels good."

Even though Spencer and Brown have been to every state in the lower 48, and most of Canada including Quebec, both are partial to the West.

"My favorite city is Seattle," Spencer said, "but scenery-wise I'd say my home state of New Mexico."

Brown agreed and admitted that she loves Utah and parts of Colorado. Last year the two even got to do all of their Christmas shopping at the Mall of America in Minnesota, despite below-zero temperatures that almost kept them from getting out of the truck.

Both women also want to encourage other people, especially those from the reservation, to give truck driving a try. "We need more minorities," Brown said. "The truck driving companies are always hiring."

"You know what they say," Spencer said, "... America stops without trucks." Another saying among truckers, she pointed out, is "everything in the house, a truck brought."

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Delegate to sue over pay raise

Jim Maniaci
Diné Bureau

WINDOW ROCK — A Navajo Nation Council delegate said Tuesday he will sue tribal officials over the general election crisis and $10,000-a-year pay raise.

Under the Sovereign Immunity Act, Delegate Edison Wauneka first must give 30 days' written notice to the president and attorney general of his intent to sue.

In his Aug. 1 letter to Kelsey Begaye and Levon Henry, Wauneka wrote, "I have tried my best to convince the Navajo Nation Council to properly address the concerns regarding the election and other issues, but to no avail. I am left with no choice (but) to initiate a lawsuit with other concerned Navajo members."

Wauneka favors a smaller council.

Other prospective plaintiffs include Bobby Delgarito, Lalora Charles, Eddie Arthur, Virginia Bitsilly, Timothy Bitsilly, Ernest Yazzie, Frannie George and Lucille Leonard.

Besides Begaye and Henry, other prospective defendants are the 10 members of the Board of Election Supervisors, the Navajo Election Administration director, the 88 council delegates, the Legislative Services Office's director and the Office of Legislative Counsel.

Wauneka's letter continued, "The nature of the claims include, but are not limited to:

"Judicial review of legislative or administrative actions including a review of the referendum measure to change the number of delegates to the Navajo Nation Council and compensation for council delegates;

"Judicial review of legislative or administrative actions including a review of the electoral processes;

"Action for injunctive relief;

"Action for declaratory judgment;

"Request for a writ of mandamus-prohibition; and

"Violation of the Navajo Bill of Rights and/or Indian Civil Rights Act."

He concludes that his relief might include a temporary restraining order, an injunction, canceling council or board legislation, a judgment by the court, legal costs and damages.

In a Tuesday press release, Council Speaker Edward T. Begay said, "However, I am in full support of the actions taken by the Navajo Nation Council to protect the voting rights of the Navajo people."

Wauneka's notification will give the council another aspect of the election crisis to consider at today's special session, scheduled to begin at 10 a.m.

On Monday the council overrode President Begaye's veto of the delegates imposing sanctions on the election supervisors and director if they failed to hold the election Aug. 1. The council resolution also added four business days after that for absentee balloting.

Later Monday the supervisors postponed the election for chapter-level officers and the referendum to Nov. 7 which is the date cited three times in the council's resolution earlier this year that placed the question on the ballot about having the council consist of 24 delegates.

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Dinamation fights back
Museum challenges city's suit


Tom Purdom
Staff Writer

GRANTS — In the latest court go-round over who gets what in the Dinamation wars, the city of Grants got a real shock recently.

Silent for months, Dinamation International Society is fighting back.

The alleged not-for-profit company hired Grants attorney Michale Caplan four days before a hearing in which city officials were expecting to have Judge Louis P. McDonald hand over the keys to the million-dollar business in a breach of lease suit filed by the city in Febuary.

The city of Grants built the Dinamation building with an $800,000 state loan to be paid back over the next 20 years at the rate of about $5,817. By the time the loan is paid off, the interest bumps the total price up to more than $1.3 million. Dinamation was supposed to repay the city $5,817 per month in rent.

From the first day of business on June 28, 1999, Dinamation was a bust. The organization exhibits robotic rubber dinosaurs and has a huge gift shop selling dinosaur-related goods. Even Dinamation officials admitted that it was not drawing the crowds off Interstate 40 which had been projected by company experts.

Also from the first day of business, Dinamation failed to pay any rent. For months, Dinamation stayed in the building rent-free while Grants kept up its end of the bargain with the state loan, meaning that the citizens of Grants were getting fewer city services for tax dollars because of Dinamation.

And although there was no mention in the contract about the city paying for Dinamation utility costs, Grants picked up that tab too to the tune of about $1,200 a month.

Finally, after eight months of not getting rent money and picking up the utility bills for the business, Grants officials got the message that something was amiss and had city attorney Camille Martinez-Olguin file a breach of lease suit against Dinamation.

During the months prior to the Feb. 11, 2000, court filing and in months subsequent to it, Dinamation officials refused to talk about the situation. In the meantime, a sister Dinamation museum in Colorado closed down for the same reasons it too failed to pay rent and was given the boot by Fruita, Colo., officials.

The suit states that Grants wants to take over the museum and run the business.

With no word at all from Dinamation, Grants officials thought they had clear sailing to city ownership of the business that had failed for months, but on July 20, Caplan walked into the Cibola County Courthouse and filed an answer to the city's suit.

Martinez-Olguin admitted Tuesday it was a move that city officials were not expecting, and in the meantime taxpayers are still picking up the tab for the monthly state loan payment, the utilities, and now the salaries of the business' director and assistant, plus the costs for restocking the giftshop.

According to Caplan's answer, Dinamation agrees with a few of the city points, such as the lease being for 20 years, and that July 6, 1998, the city and Dinamation entered into a lease agreement.

However, Dinamation is undecided about whether:

It took possession of the lease premises in June 1999 and opened for business June 28, 1999.

The lease agreement calls for a monthly base rental payment with a monthly percentage of gate receipts.

Dinamation was to begin regular monthly payment beginning Aug. 1, 1999.

Dinamation has so far failed, refused and neglected to make the base rental payment and the monthly percentage payment of excess admission receipts.

Dinamation has so far failed, refused and neglected to make the utility payments.

The suit also questions the city's demand for back payments with a 15 percent interest rate until the amount is paid in full. Plus, it questions the city's intentions to take over the operation and questions whether Grants has incurred attorney fees and costs because of Dinamation's actions.

There are several points which Dinamation denies, such as:

Dinamation contracted to pay $5,817 per month base rent for the lease of the premisis.

Dinamation was to begin paying a percentage of the gate receipts on Sept. 1, 1999.

The city being entitled to a 15 percent late charge.

Dinamation was to provide state of the art displays, a working fossil lab, lectures, expedition or dig activities and presentations.

Dinamation was to provide advdertising.

The city is entitled to a landlords lien and asks that no property leaves the building untiol the rent is paid.

The answer asks the court to dismiss the city's complaint with prejudice (meaning the city cannot refile later) and for an accounting of "any and all revenues collected by the plaintiff."

McDonald set no hearing date.

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Zuni rounds up, destroys problem animals

S.J. Ludescher
Staff Writer

GALLUP — Some people think the Pueblo of Zuni has a dog problem. Others think it is a dog owner problem. Whatever the problem, there are 250 fewer dogs and nine fewer cats due to three recent roundups of unwanted animals.

In a survey of 290 Zuni residents, 90 percent said Zuni has a dog problem. One person scribbled on a survey form that it was not the dogs but the irresponsible pet owners who were the problem.

Whatever the reason, dog packs have been roaming the pueblo at night, killing livestock and poultry, according to officials.

The extent of the problem was brought to light and the roundups planned after a February Indian Health Service report outlining the escalating problem of dog bites in the Zuni area 70 per year for the last three years. The figures released by IHS indicated that most of the victims were children and elderly people and included only the ones requiring medical attention.

Zuni Community Health Resource spokesman George Tsadiasi said another health problem that had cropped up was mange.
"People don't realize that it's a contagious disease. Fortunately, we have no reports of rabies," he said.

When law enforcement officers reported the five or six packs of dogs congregating at night, killing livestock and poultry or prowling through the Pueblo, authorities agreed to take action.

"Something had to be done," Tsadiasi said. One address on the list for one of the recent roundups had 14 dogs.

The roundup was held after a month-and-a-half of advertising and public service announcements informing residents about it, Tsadiasi said.

The advertising flyers told residents to call the CHR for pick up of the unwanted animals. CHR worked in conjunction with school officials and law enforcement officers.

One Zuni resident who did not want to be identified lost several dogs in the roundup. He said his animals were carted away with others in a stock trailer.

The 259 animals were then killed and buried.

An unidentified source said the authorities had shot the animals rather than use lethal injection, a method preferred by most humane societies.

When asked if the dogs had been shot, Tsadiasi replied simply, "We euthanized them."

Tsadiaisi said the Zuni officials had contacted the McKinley County Humane Society for help with the round up but received no support.

"We want a clear understanding that people need to be more responsible pet owners," Tsadiasi said. The exact number of Zuni dogs is unknown, but Tsadiasi said it is still high and considered a nuisance.

To help people to become better pet owners, Zuni holds a free rabies clinic each year in June.

"Many people don't show up," he said. "It used to be that we'd see 1,000 dogs over the five days. Now, there are less than 200. That tells us that a lot of dogs aren't being taken care of."

A free spay and neuter clinic for Zuni pet owners is planned for Aug. 14-16 at the fairgrounds.

Even though animal control issues are addressed in existing ordinances, the Zuni Tribal Council will soon be updating these issues in a new ordinance.

The Zuni ordinance now states: Dogs must be collared and confined to the owner's property, no female dogs in heat or dangerous or nuisance animals can run through the streets and homes are prohibited from having more than two dogs at one address.

Tsadiasi did not know how the ordinance would be changed, but he said that after the new ordinance is adopted and the public has had a chance to learn about it through a series of public meetings, more dog roundups will be held.

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Window Rock team competes at nationals

Carrie Loretto
Staff Sports Writer

FT. DEFIANCE, Ariz. — The BCI national 10-12 year old basketball tournament features a five-in, five-out format and that's exactly how a Window Rock team fared recently playing five games and losing all five.

A slow start put the Window Rock Lady Tar Heels into the consolation bracket where they were more competitive but were still eliminated after their fifth loss.

Their first loss was to the Plano Vipers, 69-25. Britney Tabor scored nine points and Derricka Dick seven points to lead the Tar Heels. Tabor and Dick each scored nine points in a 78-19 loss to the West Texas Running Rebels. The Lady Tar Heels suffered another huge defeat, 75-26 against the Missouri Lady Hawks. Tabor scored 8 points and Dick and Sara Sandman each netted 7 points."The first three days we started off slow," coach Marty Bowman said. "The girls were intimidated by (their opponents') height. Most of the teams we played against were 5'7" and up..."

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Tuba City raid stirs suspicion

Catherine Coolwind Feher
Special to the Independent

TUBA CITY, Ariz. — An atmosphere of confusion and suspicion prevails in Tuba City after last Friday's raid on the Tuba City Chapter House.

The raid was conducted by the white collar crimes unit under the direction of the Navajo Nation prosecutor's office with the support of Navajo police. The raiders hauled off documents in what is believed to be a case involving alleged financial mismanagement.

Some local Navajos said that last Friday's events remind them of the violence in the summer of 1989, which led to the downfall and federal imprisonment of former Navajo Chairman Peter MacDonald.

No arrests have been made and no indictments have been issued yet, according to staff at the prosecutor's office...

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Alcohol fuels assaults on Navajoland

Jim Maniaci
Diné Bureau

WINDOW ROCK — Assaults, burglaries and bootlegging arrests have kept Navajo police busy recently.

In one case, two boys, ages 14 and 15, received puncture wounds in what the Navajo Criminal Investigations Department calls a gang-related alcohol incident. The Safe Trails Task Force is reviewing the incident for possible prosecution, which happened July 13 three miles east of Mile Post 89 on U.S. 666 in Shiprock.

Adults and minors were drinking in a remote area southeast of Shiprock when an argument broke out between a 15-year-old Shiprock boy and a 15-year-old Kirtland boy. A 14-year-old boy, no home town listed, and a 17-year-old Kirtland boy (an older brother) tried to break up the fight, according to the Shiprock Police District report...

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Candidate encourages strikers

Bill Donovan
Diné Bureau

GALLUP — A Page, Ariz., man running for the Arizona State Legislature was at the P&M's McKinley Mine last week showing his support.

Meeting with the striking miners, Ken Hollock expressed his encouragement, saying he realized how important their fight was.

"This is the first of a series of coal mining contracts that will be negotiated in the next year," he said. "What happens with the P&M miners will affect the contracts of miners working at Peabody's Arizona mines and elsewhere."

Hollock, who is running in the Democratic primary against Sylvia Laughter for state representative, served as superintendent of Peabody's Black Mesa mine for three years before moving to Page and retiring...

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Native Americans want a voice on water panel

Stan Bindell
Special to the Independent

GILA RIVER RESERVATION, Ariz. — Gary Bohnee is among Native Americans throughout the state who feel left out because Arizona Gov. Jane Hull has appointed a 38-member water task force without any tribal representation.

Bohnee, director of public relations for Gila River Indian Community(GRIC), said he was surprised by the lack of appointed representation, but felt the governor was not familiar with the issue and may now be backtracking.

Frances Noyes, spokeswomen for the governor, said in an Arizona Republic article that "tribal officials weren't appointed because Indian communities generally deal with the federal government when it comes to water issues and aren't bound by Arizona's groundwater code..."

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Continental accounts sold to NTUA

Jim Maniaci
Diné Bureau

FORT DEFIANCE, Ariz. — Some 325 Continental Divide Electric Cooperative customers can expect to pay reduced rates after the sale of their accounts in McKinley and Apache counties to the Navajo Tribal Utility Authority.

Filings with regulatory agencies in New Mexico and Arizona include current rates that show a residential customer who uses 500 kilowatt hours a month pays $36 to NTUA. That same customer, if served by CDEC, pays $43.40 in Arizona and $48.23 in New Mexico to CDEC. The figures do not include taxes.

The two utilities agreed to a $2.3 million sale of the Grants-based cooperative's Navajo Reservation and adjacent customers when the New Mexico Public Regulatory Commission, the Arizona Corporation Commission and the U.S. Rural Utility Service give their consent...

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Deaths

Eleanor Ann Clah

HOUCK, Ariz. — Services for Eleanor Ann Clah, 64, will be announced at a later date.

Clah died July 31 in Houck. She was born May 18, 1936, in Houck.

A family meeting will be held at 6 p.m. (MST) tonight and Thursday at the Houck Chapter House.

Cope Memorial Chapel is in charge of arrangements.

August Paul Berger


GALLUP — Funeral services for August Paul Berger, 93, will be announced at a later date.

Berger died July 31 in Gallup. He was born Dec. 13, 1906, in Flagstaff, Ariz.

Rollie Mortuary is in charge of arrangements.



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