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Joyce Clark Unfiltered

For "the rest of the story"

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

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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

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.

Recently a blog reader sent me the following study produced for Fort Wayne, Indiana as it considered allowing casinos in 2009. Here is the link: http://www.ipfw.edu/dotAsset/174199.pdf . He said he believed the study to be reasonable and objective. It was commissioned by the City of Fort Wayne and written by the Community Research Institute of Indiana University/Purdue University. Apparently the 38 pages of information produced did not deter the officials in Fort Wayne and two non tribal casinos are now in operation: the Fraternal Order of Eagles 3512 casino and the Canterbury casino. There are several major differences between Fort Wayne’s casinos and the proposed Glendale casino. No reservation land was created as these are not tribal casinos; local, county and state taxes are paid and revenue sharing deals were implemented. Here are a few highlights of the study.

  • “When fiscal costs were included as well a multiplier effects, most of the options which were calculated results in costs exceeding benefits.”
  • “However, the averages wages are less for casino employees compared to the overall average wage.”
  • “For 5-10 miles, there was an average loss of $195 for all industries…businesses located 10-30 miles away lost $243.”
  • “…casino ‘undercut’ local bars, restaurants, and lodging by subsidizing their on-site casino facilities.”
  • “In 2007, gambling industries (the majority of which are casino employment) had an average wage of $28,148 while the average national wage was $44,458.”
  • “Wichita State (2007) states that 50 percent of new jobs will come through substitution of existing jobs.”
  • “…one negative would be more traffic, more accidents, and more DUI arrests.”
  • “Rose (1998) identifies sewer and road maintenance as a drain on communities, as well as costs of increased crime and crime prevention.”
  • “…approximately 41 percent of the patrons lived within 20 miles, approximately 27% within 20-60 miles, and approximately 32 percent traveled more than 60 miles.”
  • From Wichita State (2007) annual spending per person living 0-10 miles from a casino is $528; 10-25 miles from a casino is $234; and 25-50 miles away is $115.”
  • “Research shows that proximity to a casino increases the likelihood of problem gambling…and most pathological and problem gamblers lives within 50 miles of a casino.”
  • “Strong evidence is produced that there is a correlation between crime and casinos…It has been suggested that after time, the pathological and problem gamblers may resort to crime to cover gambling related debts (bad check, check forgery, theft from employers, tax evasion, tax fraud, loan fraud, embezzlement, larceny, bookmaking, hustling, fencing stolen goods, confidence games, pimping, prostitution, selling drugs, and others.)”
  • “In a 2004 study done b the Department of Justice pathological or problem gamblers were arrested a rate 3-5 times higher than that of the general population.”
  • “Different studies have found ranges which are substantially higher for problem gambling in adolescents.”
  • “Substance abusers appear to be particularly vulnerable to gambling problems.”
  • “Studies indicate that casino employees may also be at higher risk for pathological gambling.”

The Community Research Institute made clear that it had no dog in the fight and was merely compiling research from a vast amount of available material. Their bibliography is extensive. Even an seemingly non-biased study such as this one raises red flags about the long term effects of casinos – tribal or non tribal.

Two of the major reasons supporters advocate for the Tohono O’odham casino in Glendale are: 1. historically we have treated Indians poorly, subjugating and placing them on reservations and therefore we, the United States, owe them; and 2. Glendale will benefit financially from a casino in its community. Questions arise. How far back does this nation have to recall history in paying for past sins? 50 years? 100 years? 150 years? The U.S. government has acknowledged its historical ill treatment of indigenous Indian people and has paid and continues to pay vast amounts of money in reparation.

 Glendale, despite the monies being offered by the Tohono O’odham, will suffer financially. It will be tasked with installing new and upgraded infrastructure to serve the casino and its associated development. It will strain an already strained public safety system and the casino will remove sales tax dollars from nearby businesses through unfair, untaxed, subsidized competition.

The action taken by the Glendale city council to bend over on the casino issue will, in the future, be just as detrimental financially to the city as the infamous arena management deal and the Camelback Ranch Spring Training Facility. It will become just another sink hole draining dollars that could be used to provide amenities that enhance the quality of life of Glendale’s residents.

There is still hope that the casino can be defeated. The General Election of November 4, 2014 produced a Republican majority in the Senate. I suspect that now it may be far easier to get a bill passed that stops the Tohono O’odham in their tracks. Perhaps that is why, even though they had a major ground breaking event a month or so ago, not one shovel full of dirt has moved on the TO site. This may signal the most prudent decision they have made to date. Actually starting a multimillion dollar development while congressional legislation remains a threat would be fool hardy indeed.

I never have and do not now bear any ill will to the people of the Tohono O’odham Nation. The Tohono O’odham people have suffered financially for many years. Where do the annual millions of dollars earned by the Tohono O’odham’s three current casinos go? Apparently not to the people of the Nation. However, I do believe that the actions of Ned Norris, Jr. and the Tohono O’odham Legislative council with respect to violating the State Gaming Compact and attempting to plant a casino in Glendale have been incredibly imprudent, greedy, selfish and self-serving. I do not wish them well in this endeavor.

 © Joyce Clark, 2014

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.

From the Associated Press by Sundin Thanawala and reprinted by the Arizona Republic on October 12, 2014. This article was too relevant to ignore and so it is offered below with a few interspersed comments: The article, California tribe’s casino plan to go before voters, is from San Francisco.

 “A Native American tribe’s plan for a Las Vegas-style casino in Central Valley (make that Glendale) nearly 40 miles (change that to 100 miles) from its reservation has drawn opposition from other casino-owning tribes in the state.

“The voters now will weigh in on whether the North Fork Rancheria Band of Mono Indians (insert Tohono O’odham) are ‘reservation shopping,’ as their critics contend, or taking land that was part of their historical territory, as the tribes maintains.

“A referendum on the November ballot asks voters to approve or reject a deal signed by the governor and passed by the state Legislature that would allow the North Fork Rancheria to build a casino with up to 2,000 slot machines ( change to nearly 1,100 slot machines), on a 305-acre (132 acres) plot of land along a major highway (the Loop 101 Freeway) about 30 miles (5 miles) northwest of Fresno (Phoenix).

“With a yes vote, the project would clear its last major hurdle to entering the state’s Indian gambling market, where 58 tribes (21 tribes) are currently running 59 (28) casinos, according to the Legislative Analyst’s Office.

“Critics of the proposal say the tribes is trying to get closer to an urban market that can bring in more gamblers.”

“ ‘This move by North Fork, if it goes forward, will incentivize tribes in rural areas to move to more-lucrative locations,’ said Cheryl Schmit, director of the group Stand Up For California.

“Representatives of the 2,000-member North Fork tribe counter that their existing land is for housing and does not allow gambling and that they went through a lengthy vetting process to get approval for the new land.

“ ‘We’re getting back to the historical land that serves as a reservation for our tribes in the 1850’s,’ said Charles Banks-Altekruse, a spokesman for the tribe, which is being supported by Las Vegas-based Station Casinos.

“Additionally, tribal officials say, the project would create more than 4,500 (change to 6,000) jobs and pump tens of millions of dollars into the local economy.

“Opposition to North Fork’s proposal is coming from other casino-owning tribes, including Table Mountain Rancheria (Gila River Indian Community and the Salt River-Pima-Maricopa Indian Community) whose casino is about 25 miles (20 miles) from the proposed site of the North Fork facility (Tohono O’odham’s Glendale site).

“The campaign against the project is also being funded by New York-based Brigade Capital Management, an investment firm that backs the Chukchansi Gold Resort & Casino, another Indian casino near the site of the proposed North Fork casino.

“Under the federal Indian Gaming Regulatory Act, tribes can build casinos on reservations that existed before Oct. 17, 1988, but not on lands taken into trust after that date (except in Arizona). The law allows the Interior secretary to make an exception in cases where the off-reservations acquisition is in the tribe’s best interest (not proven for Tohono O’odham) and does not hurt the surrounding community (which it will).”

These situations are eerily similar with one major exception. The referendum was not blocked in California and so the voters will have the final say. Not so in Glendale. Glendale has blocked the referendum petitions and the matter is now a court case and a judge will decide whether Glendale voters can determine their own fate.

© Joyce Clark,

2014 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.

photo aOn September 12, 2014 two political action committees, No More Bad Deals for Glendale and Respect the Promise turned in approximately 15,000 petition signatures collected in 28 days for each of two referendum petitions. These petitions seek to overturn the city council votes of August 12, 2014 approving a settlement agreement with the Tohono O’odham and supporting the TO’s reservation status by requesting an election.

The approximately 15,000 petition signatures turned in is greater than the 10,914 Glendale citizens who exercised their right to vote in the recent Primary Election. That’s disconcerting. You would think that the number of petition signatures collected would send a strong message to this city council that Glendale residents want to weigh in on this issue by virtue of an election.

The Glendale City Clerk has 20 business days to do something, anything with the petitions before she turns them over to the Secretary of State. She is not an independent agent. She will be told what to do. Now it gets interesting. Wanna-be mayor, Councilmember Gary Sherwood was in attendance for the delivery of the petitions to the City Clerk. He could be heard muttering, the council votes of August 12th are not referable and these petitions are no more than toilet paper. You can be sure the “gang of four” (Sherwood, Alvarez, Hugh and Chavira) as the majority on council will give direction to the City Manager and City Attorney to reject these petitions. The City Attorney and his minions are burning the midnight oil to find Arizona case law that supports the city’s act of rejection. What does “not referable” mean? The city will take the position that the council votes were not legislation per se. Therefore the petitions which seek to refer those council actions to Glendale residents are not valid and thereby rejected by the city. Their position will be that those council votes were not legislative action and only legislation can be referred to the voters.

Make no mistake. Both groups, No More Bad Deals for Glendale and Respect the Promise are prepared to go to the legal mat on this issue of referability. If and when the city rejects the petitions on those grounds expect both groups to file suit. Isn’t it ironic that Alvarez and her merry band of pro casino councilmembers have complained bitterly about the money spent by the city on legal action when its position was in opposition to the casino and reservation? Will they decide not to spend money to defend the city’s position of petition rejection now that the city supports the casino and reservation? I guess the spending of taxpayer money on legal action depends on whose ox is being gored.

Alvarez, nearly every time she casts a “no” vote on a major city issue, can be heard pontificating that it is an issue upon which Glendale residents should vote. This time she has been amazingly silent in advocating that view when it comes to the casino and reservation. What, Norma, when it’s an issue you personally do not like it merits a vote of the people but when it is an issue that you do like, forget the people?

For those of you following this saga, this Wednesday, September 17, 2014 at 2:30 PM, Eastern time (11:30 AM in Arizona) the U.S. Senate Committee on Indian Affairs will hold a legislative hearing on Senate Bill 2670, Keep the Promise Act of 2014, introduced by Senators John McCain and Jeff Flake. Here is the link to the site where it can be viewed live, online:  http://www.indian.senate.gov/hearing/legislative-hearing-s-2670-keep-promise-act-2014 . If this link doesn’t work please copy and paste the link into your browser.

It appears that the bill could be marked up and passed out of committee for a full Senate vote. If that is the case and the bill is approved in the Senate there would be a House and Senate Conference Committee meeting to make sure the House version and Senate version of the bill are in agreement. It would then go to the President to sign or veto. If the bill were to be successful the Tohono O’odham, despite their ground breaking, would not be able to build a casino in Glendale or any other portion of the Phoenix Metro area.

On another note, to date the Attorney General’s Office is still investigating the alleged Open Meeting Law violation by Councilmembers Sherwood, Knaack, Martinez and Chavira. If the complaint had no merit we would have received that opinion by now. The fact that it is taking so long would lead one to assume that there is merit to the allegations. If that turns out to be the case, look for some kind of major sanction against Councilmember Sherwood and perhaps a minor sanction for the three others. I wouldn’t be surprised if the AG’s Office required another vote on the original IceArizona/City of Glendale Management Agreement. This, too, could prove interesting dependent upon which candidates win council seats at the General Election in November.

It looks like Councilmember Hugh has met with Lauren Tomachoff and Bart Turner. Tolmachoff is a candidate for the Cholla district seat and Turner is a candidate for the Barrel district seat. It seems Councilmember Hugh is busy trying to build his own coalition. It appears that he fancies a run against current Mayor Jerry Weiers. Hey, Jerry, watch out! It looks like they are starting to line up for a run against you…Sherwood and now, Ian Hugh. It wouldn’t be too surprising to see Councilmember Knaack (retiring in January, 2015) decide on a run for mayor. Being part of a clearly dysfunctional council is no fun but perhaps becoming mayor is.

A lot is riding on this Attorney General Office’s investigation. It could kill any mayoral ambitions of both Sherwood and Knaack. It’s rather difficult to win the support of the Glendale electorate if you have been found to have violated the law. Just when you thought Glendale’s problems were cooling down, they’ve heated up again. As President Truman once said, “If you can’t stand the heat, get out of the kitchen.” I wonder if the Glendale city council loves the kitchen heat now.

© Joyce Clark, 2014

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.

NOMOREBADDEALS-talkingpoints_Page_1Today, Friday, September 12, 2014 at 1 PM two Political Action Committees (PACs), NO MORE BAD DEALS FOR GLENDALE and RESPECT THE PROMISE, chaired by local resident Gary Hirsch, will turn in to the Glendale City Clerk approximately 15,000 signatures in opposition to the Glendale City Council’s recent votes regarding the Tohono O’odham (TO) casino. The minimum number of signatures required by law on each measure is 6,956 and the PACs have far surpassed that number by almost double. Expect the city to fight them with every fiber of its being by declaring the council votes to be “administrative actions” not subject to referral to the voters. Expect after that to see the issue wind up in the courts. On August 12, 2014 at its regular city council meeting the council approved two actions related to the Tohono O’odham.  Agenda item 36 by council’s majority vote (Alvarez, Sherwood, Hugh and Chavira) approved a settlement (read contract) with the TO. The settlement terms are embarrassing. The deal is so bad it’s as if the council had accepted a dollar from the TO and called it good. One of the petitions being submitted this afternoon is for the purpose of bringing the settlement before Glendale voters to accept or reject. In agenda item 37 the city council voted in the affirmative to support the creation of an Indian reservation. This action is the cherry on top of the cake for the TO. They need Glendale’s support desperately to show the Feds that the host city within which the reservation is located is in favor of their action. The second petition seeks to bring before the Glendale voters the majority vote of council (Alvarez, Sherwood, Hugh and Chavira) that supports a reservation within Glendale’s boundaries. All of these council votes are for the benefit of a Tribe that:

  • Violated a 2000 agreement signed by 16 state Tribal leaders, including the Tohono O’odham, vowing “to strive for a good-faith cooperative relationship between and among themselves.”
  • Created a corporation  in 2000 chartered by the TO actively seeking land in the Phoenix Metro area for the “possibility of doing a casino” prior to the 2002 statewide vote on the Gaming Compact.
  • Looked it sister Tribal leaders in the face and lied to them.
  • Actively promoted and financially contributed to the campaign in support of Proposition 202, the Tribal Gaming Compact, promising voters that there would be no new casinos in the Phoenix Metro area.
  • Actively participated in the election campaigns of sitting councilmembers who voted for these agenda items through the TO’s independent expenditures for campaign mailers in support of these council persons. Expect them to do the same in this election cycle. These four elected officials owe the TO and they know it.

These majority council votes by Alvarez, Sherwood, Hugh and Chavira stink to high heaven. Were these four elected officials acting in the best interests of Glendale? You can decide for yourselves but I think not. If and when these council votes come before you, the voter, you will have an opportunity to reject these council votes and send a strong message to these councilmembers that “back door” deals will not be tolerated. There are still actions that have not been settled…legal decisions not yet rendered and legislation introduced by Senators McCain and Flake awaiting a full Senate vote up or down. The Tohono O’odham are making a million dollar bet that nothing will stop them. They could end up losing that bet. Remember, it’s not over until the fat lady sings and she hasn’t sung…yet. © Joyce Clark, 2014 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.

On August 28, 2014 the Tohono O’odham broke ground for their casino WITHIN Glendale. I love the way some people not only rewrite history but change geographical boundaries. All of the expected players were there…members of the Nation, Tohono O’odham vendors and contractors (and wanna bes) on the project, a few West Valley elected officials, and of course the infamous 4 Glendale Councilmember supporters – Alvarez, Hugh, Sherwood and Chavira. There was a by-invitation-only gathering at the Renaissance Hotel prior to the ground breaking and only the most ardent were invited.

Norma was positively giddy during the entire event and proudly strutted around with her ceremonial walking stick. Sherwood was there acting in his capacity as pseudo-mayor of Glendale. Hugh and Chavira were…just there. From reports of a few who attended, it was a sight to behold.

But…hold on a minute. Isn’t there still legal action not yet decided? Doesn’t the Tohono O’odham still have to get gaming permits from the Bureau of Indian Affairs and the Department of the Interior? Isn’t there a bill introduced by Senators McCain and Flake yet to be approved or denied by the Senate? Yes…to all.

Even Councilmember Martinez’ reading of a letter at the last council meeting in opposition to the casino penned by former Glendale Mayor Elaine Scruggs held no sway with anyone…then or now.  

The Tohono O’odham are making a bet that nothing stands in their way to stop their project. What more could one expect from a casino operator who relies on your losing bets every single day? That’s chutzpah.

© Joyce Clark, 2014

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.

On August 14, 2014 two referendum petition packets were taken out for the purpose of obtaining Glendale residents’ signatures. If successful, the two actions taken by the Glendale City Council at its meeting on August 12, 2014 will be decided in an election by the people…as it should be. Glendale’s City Attorney, Michael Bailey, said publicly that neither council vote is referable. In other words, no one can take out a petition to try to overturn the council votes. The Tribal attorneys believe it is referable. When the signed petitions are turned in expect Glendale to reject them. Expect a law suit resulting in yet another judicial decision about Glendale’s ultimate fate.

Here is the text of the first referendum action. It seeks to overturn the council’s vote welcoming a reservation and casino within Glendale: “The Tohono O’Odham casino, targeted for a Glendale neighborhood near homes, schools, daycares and houses of worship, will destroy neighborhoods and create severe budget stress for the nearly bankrupt City, overburdening Glendale’s public safety, street and infrastructure. This petition seeks to refer the August 12, 2014 Glendale City Council vote to agree to the creation of a 121-acre Indian reservation at 91st and Northern avenues. A “no” vote on this referral will overturn the Council’s decision to support a reservation and a casino and respect the NO casino promise, protecting City residents and the Glendale’s budget and core services.”

The second referendum petition seeks to overturn the council approved agreement between the City of Glendale and the Tohono O’odham: “The Tohono O’Odham casino, targeted for a Glendale neighborhood near homes, schools, daycares and house of worship, will destroy neighborhoods and create severe budget stress for the nearly bankrupt City, overburdening Glendale’s public safety, streets and infrastructure. This petition seeks to refer the August 12, 2014 Glendale City Council vote to sign a settlement agreement with the Tohono O’odham Nation in support of the Tribe’s neighborhood casino. A “no” vote on this referral will overturn the Council’s pro-casino decision and respect the NO casino promise, protecting City residents and the Glendale’s budget and core services.”

The pro casino people have already begun their campaign of ridicule and denigration of the referendum petition effort saying, “it’s all about money…the other Tribes do not want the competition of another casino.” Of course it’s about the money. Everyone has their hand in the money pot…the Tohono O’odham, the City of Glendale and the other Tribes.

To accept that their referendum effort is ONLY about “the money” is simplistic, self-serving and makes for great PR but misses the mark. There is a greater imperative for the Gila River Indian Community, the Salt River-Pima-Maricopa Indian Community and all of the Tribes across the state supporting efforts of these two lead Tribes.

As President of the Salt River-Pima-Maricopa Indian Community, Diane Enos, said, “They looked us in the face and lied.”  She is referring to the Tohono O’odham, a member of the coalition of Tribes that negotiated the gaming compact with the state. The TO actively and publicly worked to get voters of the state to approve the compact while deliberately keeping from its Sister Tribes its ultimate plan to put a casino in the Phoenix Metro Area. In fact, it contributed a great deal of money to publicize and to advance the compact with the state’s voters.

The Tohono O’odham lied to its Sister Tribes. It betrayed them. Why? For the money. The Tohono O’odham lied to the State and to every voter who approved the gaming compact. Why? For the money. But somehow for the pro casino supporters that’s supposed to be OK?

Why is the TO’s action simply ignored by the pro casino supporters? For the money.  For all of the Tribes throughout Arizona it is a matter of honor, respect and trust…all of which the TO deliberately chose to betray. That is the real reason the Tribes are driven to oppose the Tohono O’odham’s plans.

If an opportunity to vote on the Tohono O’odham’s casino plans do make it to a Glendale ballot that is what the voters of Glendale should remember. “They looked us in the face and lied.”

© Joyce Clark, 2014

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During my last four years on city council, from the time the Tohono O’odham publicly announced their intent to build a casino within Glendale, I would take notes from presentations and comments of staff regarding the casino’s impact on Glendale. While they retain the essence of the statements made, I did not have the time or opportunity to write the comments verbatim. The other day I was cleaning out some old folder files and I ran across the file where I had been keeping these notes. The following was represented to me and the rest of city council by staff from 2009 to 2012.

This was said with regard to the Nation’s gaming application—  However, the issue of “first impression” within Arizona is a major one. It means that this action if granted would be precedent setting in that it would establish an Indian reservation where one did not previously exist. It may be the first attempt to do so in the nation. It is the first step to create a free for all system that establishes “off-reservation” gaming, not just in Arizona but in the nation.

Glendale staff in meeting with the Tohono O’odham attempted to ascertain more specific information. The Nation would not offer anything beyond conceptuals. Staff, after meeting with the Nation, offered the scope of the project as it was presented to them:

  • 134 acres of land
  • 1.2 million square foot complex
  • Cost of construction approx. $550 million
  • 6,000 construction jobs
  • 3,000 permanent jobs

Gaming portion:

  • 150,000 square feet
  • 1,089 machines
  • 50 tables
  • 25 poker tables
  • 1,000 seat bingo hall 

Spa/Hotel portion:

  • 480 rooms
  • 120 suites
  • 180,000 square foot convention center
  • 40,000 square foot event center

Amenities/Services:

  • 30,000 square feet of retail
  • 5 restaurants
  • 1 food court
  • 2 buffets
  • 1 coffee shop 
  • 2 bars
  • 1 nightclub

Issues identified by staff during the years of 2009 to 2012 included:

  • City’s General Plan has area designated as Corporate Commerce Center with less density and impact.
  • Sales tax revenue anticipated to be lost is $2 million a year or $40 million over 20 years as city cannot collect sales tax from federal land and that removes the land from producing sales tax for the city with other non-Indian uses.
  • There are revenues that flow to the state from gaming. However 88% percent goes directly to the state. The other 12% is distributed to all cities and counties with no larger share or preference to the host city or county.
  • The project will generate jobs but nearly all will be minimum wage employment.
  • Gaming revenues siphon off discretionary income that could have been spent elsewhere in the City
  • Staff projects water demand to be 600,000 gallons per day gpd (gallons per day). Projected wastewater demand to be 400,000 gpd. If they use the on-site well that is available to them it would impact our groundwater table. 
  • Estimated Impact fees loss is $299,500.
  • Police estimate an additional 8,500 calls for service necessitating an additional 11 officers at a cost of $950,903. There is also the problem of suspects committing crime in adjacent areas and fleeing to reservation where Glendale Police have no jurisdiction. Anticipated calls for service expected to be high due to the casino being open 24 hours a day, 7 days a week. 
  • Fire anticipates the need for an additional fire station costing:
  • 18 additional fire fighters
  • $2.8 annually for Operating & Maintenance costs
  • $14.6 million for land acquisition and construction
  • In addition, there is no mutual aid agreement for off-site service (reservation). Can be negotiated perhaps but no guarantee of total cost recovery.
  • Transportation estimates 20,000 one-way trips per day on weekdays and 30,000 one-way trips per day on weekends. It will generate 8.34 million additional trips in the area per year. There could be traffic conflicts on stadium and arena event days.
  • There is a possible impact on the Northern Parkway Project. 225 feet of right-of-way is needed on the south side of Northern between the Loop 101 and 91st Avenue. Tribe may or may not participate.

 

There are several reasons why I decided to use my old, newly discovered notes. Despite the city council’s inappropriate action this issue is not yet decided. There is still Tribal litigation to be decided and there is still Congressional legislation pending. I would anticipate Referendum petitions on the 2 council actions taken on August 12, 2014. If successful, the voters will decide Glendale’s final position.

Another reason for using them is to ask the question, was this information given to the current council? With senior administrative staff knowing that a majority of council now supports the proposed casino, they may have thought it unwise to fully inform the council. That is no excuse. Council should have had this information. If council did have this kind of information and a majority chose to ignore it and its implications of cost to Glendale, then they are not serving the best interests of Glendale.

Lastly, it is information that should be public. The citizens of Glendale have the right to know that there are costs to Glendale that have not been addressed in the recently approved agreement. I would expect the current senior administration to disavow the facts presented above, especially with regard to water and public safety. They have been given their marching orders to embrace the casino project. The question remains, why weren’t these issues and the costs associated with them addressed in the approved agreement? So much for transparency.

© Joyce Clark, 2014

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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.

20140812_193537The August 12, 2014 meeting of the Glendale City Council was like watching a train wreck in slow motion. You know the inevitable outcome; you know it will be extremely painful; but you are utterly powerless to stop it. All you can do is watch it unfold. This is the first council meeting I attended since leaving office over a year and a half ago. People have been telling me for months that the animosity among councilmembers was evident. I thought OK, there were times when our council meetings were not happy affairs. Little did I know that the atmosphere reeked of councilmember nastiness and disrespect. It was palpable fueled by the absolute arrogance of the council majority (Sherwood, Hugh, Alvarez and Chavira). The meeting was not unusual as council sped through proclamations and the consent agenda. The last two items were casino related. One was council approval of the draft agreement between the Tohono O’odham and Glendale. The other was the first official groveling of the city council with a resolution supporting the construction of the casino.  All hell broke loose. The draft agreement was introduced and recited by Michael Bailey, Glendale’s City Attorney. Mayor Weiers opened the public comment portion. There were 22 speakers to the item. 15 citizens spoke in opposition to the draft agreement and 7 spoke in favor of the draft agreement. The speakers’ comments in opposition to the proposed casino revolved around these general themes: casinos produce greater crime in the adjacent area; they create a greater rate of gambling addiction and subsequent bankruptcies and home foreclosures. The two major themes were comments about the rush to get this agreement done and the fact that it simply wasn’t a good deal for Glendale. There were some memorable comments to share (my apology if I butcher someone’s name). John Burnell of the Sahuaro district related that a family member, as a gambling addict, maxxed out credit cards and lied to keep it secret. The husband had to take two jobs and it took him over two years to get the family’s finances back on track. Barbara Roberts acknowledged the casino job creation but said, “Yes, we need jobs but what kind of jobs?” Timothy Green of Goodyear said, “Casinos only succeed on the backs of losers.” A rather profound statement. Ron Kolb, Ocotillo district said, “The West Side will never be the same.” Dr. Ron Rockwell, pastor of a Yucca district church very near the casino site, said, “You no longer care about the moral and spiritual culture of this community.” Randy Miller, candidate for the Barrel district council seat, called out Councilmember Alvarez and her continual homage about the importance of listening to the people…yeah, Norma, right. It seems to be a principle of hers only when convenient. Those speakers in support of the casino were arrogant and boastful. John Mendlelberg, former Mayor of Surprise, said, “You must concede.” Reverend Maupin of Phoenix, said, “You lost the war. You should be grateful for whatever you are getting.” He accused Councilmember Martinez of being a liar and a racist. Robert Quizneros of the Ocotillo district complained about the audacity of “the other side’s hiring of attorneys and lobbyists” to defeat the casino. A special “shout out” to Lauren Tolmachoff, candidate for the Cholla district council seat. It appears that she has become a one-trick pony as she reiterated her support for the casino in the name of jobs. Hey, Lauren, don’t you know about “job displacement?” Several pro-casino speakers kept referring to, “it’s their (TO) land.” Well, yes it is after a purchase kept secret for 7 years and its newly minted designation as a reservation. It’s all about a reservation WITHIN Glendale. I defy anyone to identify any city in the State of Arizona that has a reservation within its boundaries. Then it was time for the Councilmembers to speak prior to their vote. Alvarez’ remarks were priceless in their ignorance. She made memorable comments such as, “what’s the difference between a lottery ticket and a casino?” Or, “We have casinos in Scottsdale.” Or, “They (Tohono O’odham) are going to provide a service.” That one caused audible audience derision.  And lastly, “Make us responsible for what we’re doing.” Trust me, we will.   Councilmember Sherwood, self-proclaimed negotiator and leader, was strangely silent all evening except for his monologue prior to his affirmative vote. His comments deserve a special blog and its coming. Councilmember Martinez offered a series of amendments to the draft and that’s when all hell broke loose. Councilmembers Alvarez and Chavira, repeatedly and often, yelled out while Councilmember Martinez was trying to speak, “Call for the question!” Their obvious intent was to silence Councilmember Martinez’ efforts. What were they afraid of? They knew they had the votes to defeat any amendment. Chavira was literally in a rage because of Martinez’ efforts. He lept out of his seat and it looked as if he was about to confront Mayor Weiers physically. Wow, Sammy. Finally we see the true persona and your reaction when crossed and you don’t get your way. The lack of control he exhibited demonstrated that he is unfit to serve as a councilmember and cannot conduct himself in a manner required by the office he holds. Martinez offered 4 amendments: raising the TO payment to $20 million or 3% of the Class III net; offsite infrastructure costs to be paid by the TO up front; a waiver of sovereign immunity especially with regard to fraud and other bad acts; and payments to continue beyond 2026. Each was rejected. The vote was as everyone expected. The majority of 4 – Sherwood, Alvarez, Hugh and Chavira voting to approve the agreement and Weiers, Martinez and Knaack voting against. What was unexpected to the degree it manifested itself, was the vituperativeness and nastiness. At one point a citizen called Martinez a liar and a racist. Mayor Weiers should have stopped the speaker immediately and requested a police officer escort the person from the building. There is no doubt that Mayor Weiers lost control of the meeting during the first casino agenda item. His failure fueled the majority’s contempt and rage. Kudos go to Bonnie Steiger, a Glendale resident and faithful attendee at council meetings for 28 years. She is everyone’s Grandmother. She was so disgusted with council’s behavior that she said their lack of respect for the very office they hold merited the removal of all of them. Lastly, I offer two interesting items for your attention. One is the Coyotes publicly announced today that they had accepted a deal for arena naming rights. Are you ready for this? It will be called the Gila River Arena. Hooray for the Gila River. Although it may require Glendale approval, Glendale may only reject for very narrow reasons and the new naming rights do not fit the criteria. Can you say embarrassing, Glendale?? Or perhaps the majority of 4 will figure out a way to kill the deal. The second item is that just before 5 PM, yesterday, August 12, 2014 a group filed paperwork with the Glendale City Clerk’s office for a Political Action Committee for the purpose of recalling Councilmember Gary Sherwood. Things are heating up in Glendale. As I said at the beginning of this blog, this meeting was definitely a train wreck but the pain is yet to be borne by all of the people of Glendale. © Joyce Clark, 2014 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.