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Joyce Clark Unfiltered

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Sep 15

29

You can’t win ’em all

Posted by Joyce Clark on September 29, 2015
Posted in Casino • City issue and actions • City of Glendale • Tohono O'odham  | Tagged With: , , , , , , | 6 Comments

It has been 17 years and 271 days since the city’s pledge to build the West Branch Library.

NOTE: You may have noted that I haven’t posted blogs lately. More trips to California on personal business interfered. In addition, on one of my usual forays into the koi pond to trim pond plants I fell not once, but twice. It was the second fall that put me out of commission for I broke my fall into the water with a hand. Luckily, due to the strong bones I inherited, I didn’t break anything but I did do damage to my wrist and arm. It was just enough damage to incapacitate me for a few more days…sigh. My invincibility gene was malfunctioning that day.

Recently Judge Campbell, tasked with making local judicial decisions on all things Tohono O’odham casino related, issued another decision. The Tohono O’odham (TO) filed a motion to compel the state to issue it a Class III gaming license. Currently the TO have the right to install Class II (bingo type) gaming equipment but to use Class III equipment it needs state approval. It is generally believed that Class II gaming is not as lucrative as Class III.

Judge Campbell noted the court “has never held, as the (tribe) argues, that the State’s allegations of fraud… lack merit.” This may be the crux of the entire legal situation. Ned Norris, Jr., previous Chairman of the Tohono O’odham, has never once denied or refuted the charges of deception leveled against he and his Tribe allegedly committed against the State of Arizona, the Governor and the voters. Fraud and misrepresentation appeared to be woven into every decision made by the Tohono O’odham. They bought land in Glendale on a county island and kept it secret for 7 years. They funded and actively participated in the campaign to convince Arizona voters to approve the State Compact. They betrayed their sister tribes and the people of the state of Arizona. They had a plan which they shared with no one while advocating for the state gaming compact.

Many who oppose the casino believe as Judge Campbell noted that there is merit to the state’s allegations of fraud. During the campaign to convince voters to approve the State Gaming Compact in 2002:

  • Not once did the TO reveal that they had been secretly land shopping for a new casino site in Maricopa County and even considered a land purchase in Buckeye.
  • Not once did the TO reveal that they had secretly acquired land in Glendale for a casino using a shell company.
  • Not once did the TO reveal that they secretly held land for a new casino for 7 years.
  • Not once did the TO reveal that they planned to violate the promise to voters to limit the number of casinos in Maricopa County.
  • Not once did the TO reveal to its sister tribes its plans for a new casino in Maricopa County.

In 2009 the Tohono O’odham publicly announced its plans and shock waves rippled throughout the state. Their action, if ultimately successful, will blow the state gaming compact apart as  new precedent is set. If and when the compact is finally trampled on by the TO, the specter of new casinos (Indian and non-Indian) on other county islands looms large. Is it any wonder that other Valley Metro cities are concerned and have voiced their disapproval of the TO’s actions? They don’t want a casino in their neighborhoods any more than the people of west Glendale want a casino in their neighborhood.

Judge Campbell has demonstrated that the Tohono O’odham can’t win ‘em all. Allegations of fraud and misrepresentation may be the undoing of the TO and may turn out to be the most important point of law still untested.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Sep 15

4

Sherwood recall election soon

Posted by Joyce Clark on September 4, 2015
Posted in Arizona Coyotes • Casino • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , | No Comments yet, please leave one

It has been 17 years and 246 days since the city’s pledge to build the West Branch Library.

In political terms the Sherwood recall election is coming very soon…November 3, 2015. On the ballot you will see no rebuttal statement by Sherwood because he filed his statement after the mandated deadline. His failure to interpret the fine print is a typical Sherwood failing. He has often had to amend his campaign filings for the very same reason and he has been fined by the City Clerk for filing required documents late.

Sherwood created the mess that he is in. He reneged on his campaign platform almost immediately. He appears to have cut a deal with Councilmember Chavira and so he voted for the casino and in turn, Chavira voted for the Coyotes. His public announcement of his private interview with former City Manager Brenda Fischer immediately raised eyebrows. Once Fischer was on board he aligned himself with her, Frisoni and Burdick. There were reports of his having lunch with them individually on a regular basis.

The office of councilmember beguiled Sherwood. Now he was somebody. He reveled in associating with the big dogs…Anthony LeBlanc, Michael Bidwill, Ned Norris, Jr. and Mark Becker. He not only advocated for their projects he was their biggest champion and constantly referred to his private conversations with them. He dropped names and made sure everyone knew he was their buddy.

After only a few weeks in office he began gunning for Mayor Weiers and brought topics to council workshop that he hoped would embarrass the mayor all the while proclaiming on city hall’s 4th floor that he was the “real” mayor of Glendale. Sherwood quickly became full of himself. He refused to listen to his constituency on issues such as Becker billboards and the library. When they spoke publicly he often denigrated and demeaned them. He failed to communicate on a regular basis with the people in his district. He failed to advise his constituents of important meeting dates on hot topics…such as the possible closure of the Foothills Library.

Sherwood dug his own hole with his seeming arrogance, cronyism and lust for power. If my unscientific poll on this blog is any indication, Mr. Ray Malnar, has an excellent chance of taking the Sahuaro district council seat. Right now there are 151 votes (74%) against Sherwood and only 54 (26%) for Sherwood. I suspect these results will be mirrored in the Recall Election on November 3, 2015.

Who is Ray Malnar, Sherwood’s opponent? I had an opportunity to sit down with Mr. Malnar over a cup of coffee (in my case, tea). He is a breath of fresh air and couldn’t be more different from Sherwood. Mr. Malnar is a man grounded by family, friends and his faith. He is a small business owner of All Stone Tile & Wood Restoration, a licensed and bonded company in business since 1995.

Mr. Malnar has not served on a Glendale Board or Commission but so what…neither did I when I ran for my council seat. Serving on a board or commission signals that a candidate may have been co-opted by the city and may have developed sympathies for city positions on issues. He has been involved in the life of our community in other, equally impressive ways. He currently serves as a Court Mediator and Court Hearing Officer for the Maricopa County Justice Court. He is a current board member of Choice Academies and the West-Mec School District. He was a Boy Scout leader for 15 years and has been involved in various church activities.

He is a graduate of the University of Utah and has a BS in finance, a BA in speech and communications and an MBA. His intellectual strengths are in finance, accounting, information systems, general business management and governmental affairs. He is not self-effacing but is quietly confident. He is eager to build relationships that foster trust and believes in empowering others. He is a gentleman and shows respect for all. He genuinely listens to those who wish to share their concerns or different points of view with him.

The voters of the Sahuaro district do have a choice on November 3, 2015. They can choose Sherwood and receive the same lack of representation, the same arrogance and the same distain for views he does not share. Or they can choose Ray Malnar, a man who has committed to representing his future constituents, who respects others and a man who has business and finance experience. Nationally we hear every day that the electorate is seeking change. Voters of the Sahuaro district have a rare opportunity to do the same by voting for Ray Malnar.

If you think it is time for a change in Sahuaro district representation please share this blog with family, friends and neighbors. Let them know they have a choice in November. Let them know they can vote for a good, solid candidate, Ray Malnar, who will do what Gary Sherwood failed to do…represent them.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Aug 15

31

West Valley warehouse casino is no Talking Stick

Posted by Joyce Clark on August 31, 2015
Posted in Casino • City issue and actions • City of Glendale • Glendale zoning issues • Tohono O'odham  | Tagged With: , , , , , , , | 9 Comments

It has been 17 years and 241 days since the city’s pledge to build the West Branch Library.

One would have to be blind not to see the Tohono O’odham’s (TO) casino construction in Glendale north of Glendale Avenue and west of 91st Avenue. Technically it is on a county island but in reality it is surrounded by the City of Glendale. It IS in Glendale.

The Tohono O’odham are throwing up the structure as fast as they possibly can. They are taking a huge gamble, which seems apropos as they are in that business…gambling. Still unresolved is a decision from the 9th Circuit Court; there is still federal legislation, the Keep the Promise Act of 2015, waiting for a vote; and the state’s decision to withhold a gaming license is in the legal system as well. Any one of these three actions could bring the casino to a permanent, grinding halt.

In a recent Glendale Star editorial, Carolyn Dryer, editor, says, “They (TO) have paid their dues. It is time to give them a gaming license and allow them to open their doors.” That opinion should come as no surprise to anyone. Ms. Dryer attended, as a private citizen, one of former Councilmember Norma Alvarez’ pro-casino meetings held at her home. From the very start the Star has never been unbiased in its coverage of the casino issue and has used its bully pulpit to advance the goals of the Tohono O’odham at every opportunity.

What dues has the TO paid? They lied to the voters of the state gaming compact. They lied to their sister tribes never revealing their intent to build a casino in Maricopa County, hundreds of miles away from their reservation in Southern Arizona. They lied to everyone by keeping secret for years their purchase of land in Glendale.

I have never supported the casino and still do not. I believe it sets a precedent that ignores the voter approved gaming compact of 2002 and it will break open the gaming market in Maricopa County. We will see casinos being built in other communities throughout the Valley. Even worse, I am offended by the lies and subterfuge used by the TO in acquiring the land secretly and its failure to reveal that fact at the very time the first state gaming compact was under consideration by voters. Those voters had a right to know that the TO had plans to build another casino in Maricopa County and did not intend to live up to the promises their Chairman, Ned Norris, Jr., made in selling the compact.

What is really disconcerting is the building will be crap. Yes, I said crap. It’s intended to be a future warehouse, for God’s sake. The ceiling will be exposed with lights hanging by wires from the ceiling beams. How’s that for classy and upscale? It certainly won’t be any Talking Stick but of course, that is all that the West Valley merits. It’s just another promise made and broken by the TO. This building has one purpose and that is to rake in money for the tribe. The TO could have built a big barn and stuffed cattle…errr… hoards of gamblers, into it and it would have served just as well as their warehouse casino.

Oh, but this is only temporary. Do you ever wonder what the TO’s definition of temporary is? Is it a year? 5 years? 10 years? It doesn’t matter what the TO tell you for it will be just another promise broken.

Many people are just plain tired about the ongoing saga and hope for final resolution. The silent majority of Glendale residents want the casino stopped permanently. It’s time for Senators McCain and Flake to bring the Keep the Promise Act of 2015 to a vote. Their rationale is that there is always a more pressing issue and it’s not the right time. There will never be a right time…it’s time for Congress to vote this issue up or down.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apr 15

30

Bombs dropping all over the proposed casino in Glendale

Posted by Joyce Clark on April 30, 2015
Posted in Casino • City issue and actions • City of Glendale • Glendale elected officials • Tohono O'odham  | Tagged With: , , , , , , , | 8 Comments

It has been 17 years and 119 days since the city’s pledge to build the West Branch Library.

For the past few days the Tohono O’odham (TO) have seen news that they can only characterize as awful. On April 24, 2015 the Congressional Budget Office issued a report on cost outcomes to the federal government if the TO is not allowed to build its casino in Glendale. Here is the link: http://www.cbo.gov/publication/50136 . Those who have represented that is an exact cost figure are deliberately misleading people in an attempt to pressure them to drop their opposition to the casino. Now despite the recent outrageous headlines of stopping the casino will cost US taxpayers a billion dollars here are direct quotes from that report:

“Based on information from the Tohono O’odham Nation, CBO expects that if H.R. 308 were enacted, the tribe would pursue litigation against the federal government to recover its financial losses caused by the prohibition on gambling. Whether the tribe would prevail in such litigation and when those proceedings might be concluded are both uncertain. The basis for any judicial determination of the tribe’s financial losses is also uncertain. CBO estimates that possible compensation payments from the government could range from nothing to more than $1 billion; however, we have no basis for estimating the outcome of the future litigation.”

 “That decision is now under appeal at the Ninth Circuit Court of Appeals. Although the tribe has been successful in litigation thus far and construction of its resort and casino is underway, it may be more difficult for the tribe to prevail in a claim brought after enactment of H.R. 308 because of the types of claims available to it and the facts of this particular situation. The outcome of such litigation is uncertain.”

“Regulatory taking claims are often unsuccessful and usually do not lead to significant economic awards when (as in this case) the taking does not fully diminish the economic value of the property;”

What should disturb everyone is the fact that the TO’s estimated annual income from this proposed casino at $100 million dollars a year or one billion dollars over 10 years. You can hear the sucking sound now as dollars subject to sales tax from nearby businesses vanishes. It’s no more than dollar displacement. People only have so many discretionary dollars. If those dollars are consumed by the TO casino then those dollars are not spent elsewhere in the community and the multiplier effect of each and every dollar is lost.

The second bomb to drop is a poll released by the Sonoran Alliance on April 28, 2015. Here is the link: http://sonoranalliance.com/2015/04/28/new-poll-support-for-glendale-casino-collapses/ . Here is the conclusion drawn from the survey. “Based on the survey results there is overwhelming support from voters to oppose new gaming in the Phoenix metropolitan area. Once voters become aware of the various issues surrounding the conduct of those involved with this proposed casino, opposition grows by 18% to a clear majority in opposition. This survey shows that most of Arizona’s elected officials are acting with large support for their activities in trying to stop this casino.”

The third bomb dropped today, April 30, 2015, was with an article by Bill Theobald of the Republic Washington Bureau entitled Senate committee passes bill to block casino near Glendale. He reports, “The Senate Indian Affairs Committee passed by voice vote legislation sponsored by Arizona Republican Sen. John McCain (and Sen. Jeff Flake)…” Last month the House Natural Resources Committee passed the same legislation. That means that both bills can now be voted up or down by the full House and the full Senate.

Senator McCain, commenting on the Keep the Promise Act of 2015, said in part, “the law doesn’t allow a tribe to ‘air drop’ a casino onto land in a metro area that’s not part of its traditional tribal lands.” He also said, “building another casino in the Phoenix area violates the intent of the Indian Gaming Regulatory Act. ‘I know what the intent of Congress was because I wrote the bill’.” Arizona’s Congressional representatives are not the only legislators hearing complaints from their constituents on this issue. Many other states are facing the same issue of, as McCain puts it, “air dropping” casinos. Consequently there is a lot more support for this legislation than is perceived. It becomes precedent setting and may allow other legislators to stop reservation shopping in their states.

The desperation of the Tohono O’odham becomes more palpable every day. That’s why the press conference after the state announced that it would not grant the TO a gaming license. It is amusing that several headlines and the Op Ed piece in the April 30, 2015 edition of the Glendale Star scream support for the proposed casino. It’s no secret that the paper’s editor, Carolyn Dryer, is a supporter of the casino. In fact, several years ago she attended a pro-casino meeting hosted by former Ocotillo councilmember Norma Alvarez not as the paper’s representative but as a private citizen. Bias oozes from every article on the casino and objective reportage especially on this issue has become a stranger to it.

Ned Norris Jr., Chairman of the Tohono O’odham Nation, vows to fight to the bitter end and he remains adamantly defiant. Councilmember Chavira and Vice Mayor Hugh were good puppets as they reiterated the same, tired arguments of other tribes’ attempts to kill competition. They all conveniently ignore that this action began in secret while the TO pushed Arizona voters to approve the state gaming compact. They conveniently ignore the fact that the tribe kept the purchase of land within Glendale’s boundaries secret from the city for 7 years. They conveniently ignore the fact that the TO deliberately withheld their plan for this casino from its sister tribes for 7 years. As stated by the Arizona Gaming Director, fraud was committed by the Tohono O’odham.

Many supporters of the casino ignore these facts, plead ignorance of them or simply shrug their shoulders while trotting out arguments of a down trodden tribe deserving of this casino no matter how it is acquired. Whatever the casino supporters’ reasoning they should check their moral compasses. Perhaps their tolerance for dishonesty evaporates and is solely dependent upon their perception that their ox is being gored.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apr 15

28

Pro casino supporters heat it up

Posted by Joyce Clark on April 28, 2015
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale zoning issues • Tohono O'odham  | Tagged With: , , , , , , , | 14 Comments

It has been 17 years and 117 days since the city’s pledge to build the West Branch Library.

On Monday, April 27, 2015 in the Opinion section of the Arizona Republic pro and con casino op-ed pieces were published.  Mayor Jim Lane of Scottsdale presented the current anti casino position. In it he supports the position taken by Governor Doug Ducey and the state Gaming Director. The state’s position is that the Tohono O’odham (TO) should not benefit from the fraud they committed against the voters of Arizona and they will not issue a gaming permit to the TO. That is the state’s right. If the TO do not agree with the state’s decision they can and most probably will take the state to court.

Councilmember Ian Hugh (Cactus district) presented the pro casino position. He offered two arguments. His first was that this issue is a matter of local control. Oh really? What about the federal Department of the Interior granting the TO reservation status on land within Glendale, technically a county island, that they purchased with a straw company and held secret for 7 years? What about the Bureau of Indian Affairs that has yet to approve TO gaming on their reservation parcel? What about the State of Arizona’s ability to grant or deny a gaming license for this new temporary gaming facility per the 2002 voter approved state gaming compact with all of the tribes’ (including Ned Norris Jr. representing the TO) publicly pledging to build no more casinos in the Phoenix Metropolitan Area?

Glendale has been in the middle of a maelstrom not of its making since the TO made its announcement in 2009. By the way, there was no courtesy head’s up to Glendale. No introductory meeting expressing the sentiment that they would like to locate within Glendale and asking what needs to be accomplished on their side to make it happen. No, the TO rode rough shod over the city basically sending the signal that it didn’t matter what Glendale thought about their plans. There has never been local control. Asking for recognition to represent that this council is representing “the interests of the Arizonans we represent” is ludicrous.

Hugh’s second argument is just as silly. He refers to “the tremendous public support for the casino resort.” This has been the most divisive issue in Glendale’s history. There is just as much “tremendous public support” against the casino. Just ask the residents most impacted by this casino project – those who live closest to the proposed casino.  They are the ones who will deal with increased and obstructive traffic 24/7. They are the ones who will have to deal with increased crimes of opportunity in their neighborhoods, especially burglary and theft. The following links are articles related to increased crime as a result of a casino courtesy of one of my blog readers, Bill Eikost:

http://napavalleyregister.com/news/local/rural-indian-casinos-bring-traffic-crime-as-well-as-jobs/article_6c033a00-73b0-11e0-b43d-001cc4c002e0.html  http://www.forbes.com/sites/realspin/2013/09/25/as-native-american-casinos-proliferate-the-social-costs-of-the-gambling-boom-are-ignored/ http://www.washingtonpost.com/blogs/wonkblog/wp/2012/10/30/studies-casinos-bring-jobs-but-also-crime-bankruptcy-and-even-suicide/

Ask the residents of Glendale, the rate payers for water services who, at sometime in their futures, can expect their water bills to go up to pay for the fixes and upgrades to the water and sanitation systems that will be needed to provide service for the intense development on the TO site.

To add fuel to the fire, for the past few days the pro casino side has been shilling a Congressional Budget Report and claiming that it would definitively and absolutely cost US taxpayers a billion dollars to deny this casino to the TO. Not true. It’s a scare tactic designed to frighten or anger people.  One can read the real story about this billion dollar claim in an article published today, April 28, 2015 by Howard Fischer of Capitol Media Services. Here is the link: http://azcapitoltimes.com/news/2015/04/28/report-legislation-blocking-west-valley-casino-could-cost-taxpayers-1-billion/ . Here is the link to the Congressional Budget Report courtesy of one of my blog readers, Legend: http://www.cbo.gov/publication/50136 .

As further signs of pro casino desperation the TO with a little help from their buddies, the companies currently constructing the temporary casino, ran a full page ad in the Arizona Republic today designed to go after Senators McCain and Flake and Representatives Franks and Gosar and their legislation, H.R. 308 and S. 152, the Keep the Promise Act of 2015. Their dire headline is that these legislators want to put 1,300 Arizonans out of work. First, not all of the construction workers on the site are Arizonans, much less live in Glendale or the west Valley.  Secondly, these are temporary jobs. When the construction is completed or stopped these jobs vanish.  And of course, they had to throw in that the mean old, Indian tribes that have established casinos want to protect their market share and are willing to kill babies to protect it…some exaggeration here…but not much.

Add to all of this exaggeration and hyperbole two resolutions on tonight’s Glendale city council meeting agenda: a police mutual aid and a fire mutual aid agreement between the city and the TO up for approval or disapproval. Of particular interest is a stipulation within the agreement protecting the TO’s sovereign immunity. If the TO’s hired personnel screw up in delivering police or fire service to a Glendale resident, there is no means of suing the tribe due to their preservation of their claim of sovereign immunity.  Does that then preserve the onus of liability on Glendale? The training of officers and fire personnel on a reservation may not be of the same caliber as that of municipal employees.

These agreements may not even be legal. It could be that an agreement between a US municipality and a sovereign nation (the TO is a sovereign nation and is not subject to federal, state, county or municipal laws) may not be worth the paper upon which it is written. It probably has the same amount of validity as if the municipality of El Paso, Texas, entered into a mutual aid agreement with the country of Mexico. It’s more for show and is a direct salvo to the state’s declaration that it will not issue a gaming license to the TO. If someone sues we’d find out how valid these agreements really are.

All of this signals desperation and anger on the part of the Tohono O’odham. The realization that the state will not grant them a gaming license has them attempting to convince the public to pressure the state. It will not work. Their plan to open their temporary casino later this year has evaporated and if the Congressional legislation passes it is dead.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apr 15

24

Recall Sherwood petitions turned in…again

Posted by Joyce Clark on April 24, 2015
Posted in Casino • City issue and actions • City of Glendale • Glendale elected officials • Tohono O'odham  | Tagged With: , , , , , | 1 Comment

It has been 17 years and 113 days since the city’s pledge to build the West Branch Library.

Today, April 24, 2015 at 11 AM the Recall Councilman Gary Sherwood Committee turned in Recall of Councilmember Sherwood petitions to the Glendale City Clerk Pam Hanna. The minimum required number of signatures is 2,752. The City Clerk based upon a cursory scan acknowledged 4,055 signatures. The committee had until the middle of June to complete the task.  Note that the committee turned in its signatures with 7 weeks to spare. Kudos to the three people who spear headed this effort: Anna Lee, Chairperson of the committee; Connie Kiser and Laura Hirsch.

What happens next? The Glendale City Clerk has 10 business days (2 weeks) to validate signatures. That also allows time for the City Attorney’s Office to find some technicality to invalidate all of the petitions. They have done it before and you can count on them to try to find something again. If the petitions make it through the city gauntlet the petitions move to the County Recorder’s Elections Department for further signature validation. The Recorder’s Office has 60 days. I suspect this time the petitions will make it through both processes. Look for the city council to call for a recall election date sometime after mid-September of 2015.

The ball then moves to Sherwood’s court. He will be offered the opportunity to offer a public statement on the recall or resign. Sherwood has already stated that he will fight to the bitter end. That is his right. Will he be able to pull the proverbial rabbit out of the hat? Not this time.

During the April 14, 2015 city council meeting the Insight Technology contracts were on the agenda for approval. It was the height of irony that Interim City Manager Dick Bowers was absent and at that time, still Assistant City Manager Julie Frisoni (she has since resigned) whose husband is a VP at the company, was tasked with the introduction of both Insight agenda items. Councilmember Lauren Tolmachoff, as each item was presented, asked the City Clerk if Frisoni had filed a Disclosure Statement. To which the City Clerk responded that Frisoni had not. It was a strategy by Tolmachoff to get that fact on the record. Hmmm.

Earlier in the week Tohono O’odham (TO) Nation Chairman Ned Norris Jr. held a press conference in reaction to the news that the state Gaming Department will not issue a gaming license to the tribe in order to open its temporary casino in Glendale later this year. He did not serve his tribe well in TV news coverage the following day. He seemed positively rabid. Outrage oozed out of every pore. It’s a wonder there was no foaming at the mouth.  I wonder how he likes it when the tables are turned. He went back on his word at the time all of the state’s tribes were seeking voter approval of a state gaming compact. Now the state will not grant the tribe a license claiming fraud on the tribe’s part. What goes around comes around. Norris insists they will continue with the temporary casino’s construction. The TO does so at its peril. This issue is sure to end up in court with an uncertain decision looming and at some point the Keep the Promise Act of 2015 will see a Congressional vote with the promise of stopping the casino permanently. It’s a shame really. The TO is willing to bet over $200 million dollars on what many view as a losing proposition. If they lose that’s $200M that could have been used for all kinds of services for its tribal members.

**GeonGracie….I need a better email address to reply.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apr 15

20

Casino…untenable position

Posted by Joyce Clark on April 20, 2015
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Tohono O'odham  | Tagged With: , , , , , , , | 16 Comments

It has been 17 years and 109 days since the city’s pledge to build the West Branch Library.

In the Arizona Republic of April 17, 2015 Peter Corbett has reported in a story entitled State vows to block casino in W. Valley, the state is prepared to block the Tohono O’odham casino from opening in Glendale this fall. Here is the link: http://www.azcentral.com/story/news/local/glendale/2015/04/16/arizona-gaming-agency-will-block-valley-casino-opening/25915541/ .

Arizona’s Department of Gaming director, Daniel Bergin, recently sent a letter to the Tohono O’odham (TO) in which he claimed “fraud perpetrated by (the tribe) upon the state, Arizona gaming tribes and the state’s voters.” On that basis he could not allow the casino to open.  He went on to say, “…the (gaming agency) would exceed its authority if it were to proceed with certification…” The agency’s position is supported by Governor Doug Ducey. Ducey in a letter to the agency directed it to deny a gaming license and said that the TO was forcing the issue by construction of the temporary casino now.

I, and many, many Glendale residents, especially those within the Yucca district, site of the temporary casino, applaud the actions of the state Gaming Director and the Governor. The only reasons Glendale succumbed to the siren song of the TO, is that Councilmember Gary Sherwood flip flopped on his anti casino election stance and then 4 members of council took the TO’s thirty pieces of silver. A majority of this council changed the course of an entire city. It’s fair to expect that the TO will challenge the state’s action in court in a process guaranteed to go on for months if not another year. That is sure to guarantee that the temporary casino cannot and will not open this fall. Chairman of the TO, Ned Norris Jr., as expected declared his outrage at what he called the state’s “untenable position.”

Don’t forget that more action waits in the wings. The Keep the Promise Act of 2015 introduced by Senators McCain and Flake will see a vote up or down this year. The general assumption is the legislation will pass through Congress and stop the casino for once and for all.

It’s time to shut the doors on a Tohono O’odham casino, temporary or otherwise, in Glendale. It is ironic that a tribe that promotes gambling, itself gambled. It looks like the house will win and they will lose.

© Joyce Clark, 2015

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This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Mar 15

25

Frisoni resigns and H.R. 308 passes out of committee

Posted by Joyce Clark on March 25, 2015
Posted in Casino • City issue and actions • City of Glendale • Glendale zoning issues  | Tagged With: , , , , , , | 12 Comments

It has been 17 years and 83 days since the city’s pledge to build the West Branch Library.

Well, well well, Assistant City Manager Julie Frisoni resigned today, March 25, 2015. It appears it will be effective April 22, 2015. Frisoni started her career in Glendale in the Communications Department, eventually rising to become Director of that department. While Ed Beasley was City Manager she was identified by many as a member of his “inner circle.” She was not charged with any culbability in the past audit of the Risk Management Trust Fund. She was appointed Assistant City Manager by former City Manager Brenda Fischer. At the time of her appointment Frisoni did not meet the minimum qualifications for the position. The only rumor floating on the street is that Frisoni may hook up with Brenda Fischer to form their own consulting/PR firm. It’s speculative to say the least but not an unreasonable speculation.

Now all that leaves is Assistant City Manager Jennifer Campbell. We all wonder if she is still AWOL at Glendale City Hall on Fridays and if she is still teaching at Glendale Community College. Pulling down two pay checks is sweet.

Today the U.S. House Natural Resources Committee voted out H.R. 308, Representative Trent Franks Keep the Promise Act of 2015 reintroduced in the House of Representatives as HR 308 on January 13, 2015. This was Representative Franks’ original bill, now renumbered as a result of its reintroduction. It would prevent the Tohono O’odham from building its casino in Glendale.

That’s enough good news for one day, don’t you think?

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Mar 15

10

Casino assumptions wrong

Posted by Joyce Clark on March 10, 2015
Posted in Casino • City issue and actions • City of Glendale • Glendale finances • Westgate  | Tagged With: , , , , , | No Comments yet, please leave one

I belong to a neighborhood website that encompasses my area as well as about a dozen other subdivisions adjacent to Westgate and the Tohono O’odham temporary casino (currently under construction). A few days ago a conversational thread began on the site reflecting residents’ opinions regarding the effects of a casino near all of us. About 7 people have posted their opinions to date. I feel compelled to dispel some of their assumptions.

A local realtor in the Westgreen Estates subdivision said, “I do not recall any values going down as a result of a casino being built.” It’s one of the first questions you hear when someone wants to build a casino somewhere near you. That question is what’s it going to do to my property value?

There is now enough data from other areas of the country and their experiences with a casino to prove property values are impacted negatively from a nearby casino. From American Attitudes on Development comes, “A nuclear power plant, while the least-favored type of power plant, would still be preferable to a landfill, a casino, or an aggregate quarry.” A Foxboro, Maine resident and realtor for 23 years offered this in an op-ed in the Foxboro Sun Chronicle, March 11, 2012. Foxborough was facing the prospect of a casino in its community. Based on his 23 years of real estate experience he said, “A casino is controversial. Anything controversial will cause some home buyers to exclude Foxboro and surrounding towns. This potential reduction in buyers will negatively affect the price and resale of homes here.” He went on to say, “A casino will change the demographics and feel of the town. The casino developer is setting aside funds to deal with the increased need in law enforcement the casino will bring. Many families moved to Foxboro because of the community feel. Any significant change in crime, drug abuse, alcohol abuse and, domestic violence, or any other demographics will change the feel and fabric of Foxboro and surrounding towns.”  A 2013 study by economists belonging to the National Association of Realtors concluded that, “the impact of casinos was ‘unambiguously negative’ on a housing market.”

I can hear the outrage from casino supporters now but the fact remains, while they support the casino, few property owners (including casino supporters) actually want to live near this casino. Most people understand that, at the very least, a casino operates 24/7 and will lead to an increase in crime, traffic congestion, drunken drivers, trash, tour buses and road noise – and that these things will be ultimately reflected in a reduction in property values.

None of the local resident responses asked about a casino and its effect on crime rates. Yet it is another area of concern. The following is an Abstract entitled Casinos, Crime and Community Costs by Earl L. Grinols and David B. Mustard, originally published in 1996 but this excerpt is from the Review of Economics and Statistics (February 2006). The authors say,“Casinos increased all crimes except murder, the crime with the least obvious connection to casinos. Most offenses showed that the impact of casinos on crime increased over time, a pattern very consistent with the theories of how casinos affect crime. The crime-ameliorating effects of casinos through increased employment opportunities and wages for low-skilled people will be concentrated shortly after opening. Between 5.5% and 30% of the different crimes in casino counties can be attributed to casinos.

“According to the study, five years after a casino opens, robbery in the community goes up 136 percent, aggravated assault is up 91 percent, auto theft is up 78 percent, burglary is up 50 percent, larceny is up 38 percent, rape is up 21 percent and murder is up 12 percent, compared to neighboring communities. Crime-lowering effects, like additional police and the new jobs represented by a casino are overwhelmed by rising crime increased by the presence of the casino, according to the study.”

Locals responding on this thread believed that traffic would be manageable. A resident of Westgreen Estates subdivision said, “We have enough open space to adapt to any increase traffic (sic).” A Rovey Farm subdivision resident said, “A quick drive around the other casinos in the valley will show you what kind of traffic to expect. (Not much).”

The Connecticut South Western Regional Planning Agency issued a Casino Traffic Impact Study in 2009.  “The purpose of this study was to estimate the possible traffic and air quality impacts of the development of a casino in Bridgeport.” The study concluded, “the development of a casino would have a significant impact on traffic congestion in southwestern Connecticut. Casino traffic is not seasonal because the number of trips to and from casinos is relatively consistent from month to month. Casinos operate 24 hours per day; there is no peak travel period to and from casinos thus traffic impacts of casinos may be experienced at all times of day.”

The increased traffic in the area will not just be due to the number of visitors to the casino. Add to that, traffic from employees as well as vendors and suppliers making deliveries with their semis at all hours of the day and night. Many transportation agencies in many states where casinos have located have done similar studies. All of these transportation studies recommend new transportation infrastructure whose costs are borne by you – the taxpayers. Increased traffic in our area will not be the result of an occasional Cardinals football game. Instead imagine that kind of traffic every day of the year, 24/7.

Yet other studies demonstrate sales tax revenue moving from other, traditional sources to a casino. In essence there is a shifting of sales tax revenue away from hotels and restaurants such as in Westgate, toward gambling facilities. Visitors and residents spend money on gambling that would otherwise be spent on other goods and services. This effect is known as “substitution.” There is also a shift of workers currently in one industry to the gambling industry. This is known as “displacement.”  This new development will take workers from other industries and move them into the casino industry. A New Hampshire study also offered, “For a standard casino, most patrons come from within 30 miles and participation declines exponentially as distance increases.”

So, respondents from Provence, Rovey Farm and Westgreen Estates, to the thread of discussion about casino impacts, be careful what you wish for. Then again, if you don’t mind a reduction in your property value, increased crime and increased traffic congestion, continue to welcome this casino that will most assuredly change the long treasured fabric of our community.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Mar 15

9

Their turn

Posted by Joyce Clark on March 9, 2015
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , | 6 Comments

On March 7, 2015 the Glendale Republic ran an op-ed by Mayor of Scottsdale Jim Lane, Mayor of Fountain Hills Linda Kavanaugh, Mayor of Apache Junction John Insalaco and Mayor of Litchfield Park Thomas Schoaf. It was in juxtaposition to another op-ed by Tohono O’odham Chairman Ned Norris, Jr. Norris’ and the tribe’s ad campaign slogan has always been one of “keeping the promise.” Yes, they have kept their promise — to screw everyone – the state, the voters, Valley cities, sister tribes and the people of Glendale. Many readers no longer get the Republic so I offer these 4 mayors’ remarks below:

Don’t reward years of deceit with Glendale mega-casino

“As mayors of Valley cities, we believe the potential Glendale casino represents no cause for celebration. From the Tohono O’odham Nation’s secret plan to put a casino in the Valley to their breaking faith with the voters of Arizona who in 2002 narrowly approved the current tribal gaming compacts, the path to the construction of this casino has been pockmarked by deceit.

“We do not make such a statement lightly, but no other explanation seems to fit the facts. It’s because of this history of deception, coupled with the serious ramifications this casino likely will have on every Valley city, that we, as mayors, jointly urge the Arizona Congressional delegation, led by U.S. Senators John McCain and Jeff Flake, to immediately force action on the Keep the Promise Act of 2015, which will prevent the Tohono O’odham Nation from moving forward with its gaming facility near homes, schools, places of worship and child-care centers.

“While federal court actions still have the potential to stop this project, time is of the essence for Congress, which absolutely can prevent this monument to greed. As you read this, the Nation is actively building a temporary casino structure in Glendale, while publicly saying they intend to open the casino before the end of the year.

“Even so, a moment spent exploring history is vital to understanding why so many Valley leaders and residents have declared this casino – with its 1,100 slot machines and 1,000 seat bingo hall – such a bad idea. Our opposition traces back to the 2002 election and the years of compact negotiation preceding that vote. Throughout that process, Tohono O’odham and other Arizona tribes promised that these compacts would preserve the balance of tribal gaming statewide, and that the casinos would be restricted to traditional tribal lands. The Phoenix metro area, the tribes promised, would get no additional casinos. None.

“Records show that, even as the Tohono O’odham was making that promise and helping bankroll a $20 million campaign, they were actively seeking land in Glendale. Tohono O’odham negotiators misled state negotiators and other tribes regarding its true intentions for its fourth casino. To allow the tribe to open that casino in the Valley would be to reward deception.

“In a 2014 policy decision, the federal government allowed the Tohono O’odham Nation the ability to build as many as four casinos on county islands throughout the Valley. This the Nations can do without consulting with impacted communities or being subject to any Maricopa County zoning requirements. Given that the tribe already has sited a casino near a school, nothing can effectively stop them from putting one of its next three casinos in your neighborhood, near your child’s school or beside your church or synagogue. After all, the Nation is headquartered in southern Arizona. They simply do business in the Valley, giving them little reason to invest in our communities and to preserve our quality of life.

“Should these properties be given a green light, you can be sure the massive gaming corporations who run Vegas and America’s horse tracks again will target Arizona for expansion. With the promise of gaming restricted to traditional reservations in tatters, the Legislature would have no reason to keep out big gambling.

“The Keep the Promise Act of 2015 will stop that ugly breach of an important vow; at least until the gaming compacts expire in 2027. This legislation is fair. It merely ensures that tribes act in good faith and it’s good policy for our state. Failing to act would be to reward years of deceit by one tribe at the expense of the citizens of Arizona.”

The Tohono O’odham brags about the support it has, namely Glendale, Peoria, Tolleson and Surprise. The Glendale city council did an abrupt about face welcoming the casino when received its thirty pieces of silver for its betrayal of its resident’s wishes to stop it. Peoria, Tolleson and Surprise hope to gain economic crumbs from a casino on the west side of the Valley. They are all complicit in the deceptions of the Tohono O’odham. Make no mistake. These mayors in their op-ed were right on the mark when they said it’s all about greed. For the sake of the almighty dollar the Tohono O’odham have proven they will knife anyone in the back who stands in their way. They have destroyed their reputation as well as the trust of their sister tribes. There’s an old saying, “what goes around, comes around.” The Tohono O’odham will learn that lesson soon enough.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

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