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Joyce Clark Unfiltered

For "the rest of the story"

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

On February 11, 2021, Piper Hansen of the Arizona Republic reported that State Senator David Gowan (R-Sierra Vista) has introduced Senate Bill, SB 1334 to allow more aerial fireworks. Here is the link to the story: https://www.azcentral.com/story/news/politics/legislature/2021/02/11/aerial-fireworks-legal-arizona-bill-legislature/4343018001/ .

Gowan wants more fireworks, not less…and why not? In his financial disclosure statement of 2021 that every state legislator has to file with the Arizona Secretary of State, you will find that he works for TNT Fireworks. It is one of the largest distributors of fireworks and operates those pop-up tents selling fireworks that spring up in parking lots everywhere just before a legal fireworks period.

At the very least Gowan has a conflict of interest in offering and in advocating for legislation that directly benefits his employer. Has he declared such a conflict? If he is not required to do so, then perhaps his time would be better spent introducing and advocating for a conflict of interest statute that applies to all members of the state legislature.

Gowan has been successful in the past in getting approval for more generous fireworks laws. He was successful in adding two more fireworks events this year – Cinco de Mayo and Dawali.  

The League of Arizona Cities and Towns, an organization that represents its cities and towns members, has already announced it opposition to this new, proposed law saying that it is concerned with an increase in citizen complaints, physical injury and fire danger. To date Gowan’s bill has not been assigned to a committee.

What Valley cities and towns want are more restrictions. Councilmembers received more complaints than ever before with people often describing their neighborhood as “Beirut.”

Here are the legal periods in which non-aerial fireworks can be used:

  • Cinco de Mayo – 3 days in May (a newly added event)
  • Independence Day – 11 days in July
  • Dawali – 2 days in November (a newly added event)
  • New Year’s Eve – 13 days in December and January

This event schedule is nuts. I continue to advocate for a two day event window for any legal fireworks event. For example, I propose that non-aerial fireworks be allowed on July 3rd and July 4th only between the hours of 7:30 PM to 12:30 AM. That’s it. No one needs 11 days to celebrate the 4th of July or 13 days to celebrate New Year’s Eve.

There is no consistency in the fireworks events schedule. It’s very confusing. If people knew that there was a two day window for any legal fireworks event, it would certainly simplify the rules for everyone.

I think it’s time for all of us to let Mr. Gowan know how we feel about his latest effort to further enrich his employer by allowing aerial fireworks as well as letting your state representatives know that you support some meaningful legislation to curb the insane proliferation of fireworks, especially in your densely populated neighborhoods.

You can email Mr. Gowan at dgowan@azleg.gov. You can email your legislators by using the initial of their first name with the complete last name@azleg.gov . An example would be ssmith@azleg.gov .

Are you fed up? I am.

© Joyce Clark, 2021       

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 ‘fair use’ of any such material. 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.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

At the Tuesday, February 9, 2021 city council voting meeting Resolution R21-11 was passed by a majority of the city council. It is an agreement between the Tohono O’odham and the City of Glendale in which the city relinquishes its right to annex a parcel of land within its annexation boundaries.

I wish to explain my vote. I do not speak for the entire city council in expressing my reasoning for my vote and it should be noted that Mayor Weiers was absent due to recent surgery and did not vote on the matter.

The agreement helps to pave the way for the Tohono O’odham (TO), in the process of acquiring a parcel of land in the area of Northern Avenue and the Loop 303 freeway, to pursue building another casino, approximately ten miles to the west of the existent Desert Diamond Casino at Westgate. The property is currently owned by Saguaro Land Properties, LLC an entity of the Nation.  The next step for them is to put the land into trust.

All land within Glendale’s strip annexation borders can be annexed into Glendale, including this parcel. The TO asked that Glendale not exercise its right to annex this parcel into Glendale and a majority of the city council agreed. Glendale has the ability to annex, but not a legal right to force annexation.  Based on state statute, it would be impossible to annex them into the city, unless they agreed to do so. Here is a link to the agreement in its entirety: Contract # _ C21-0119 – TOHONO O’ODHAM NATION – Execution Date_ 2_9_2021

In the agreement the TO agrees to pay Glendale $400,000 and $1,000,000 with a 2% increase annually for 20 years:

8. Payments to the City and Other Considerations Provided by the Nation.

  1. Before the Nation Commences Gaming.  Within ten (10) days after the resolution provided in Section 4(A) of this Agreement become effective and the Memorandum of Agreement is fully executed and recorded, the Nation will make a one-time payment to the City in the amount of $400,000 to help fund the operations of the City.
  2. After the Nation Commences Gaming. Commencing in the year in which the Nation first offers Class III Gaming to the public on the Property (the ‘Base Year’) and continuing in each subsequent year for a period of twenty (20) years, the Nation will make the payments described below:
  3. Commencing in the Base Year, the Nation will make annual payments to the City to help fund its operations. The Nation will commence making payments to the City within six (6) months of the date on which the Nation first offers Class III Gaming to the public on the Property and annually thereafter within sixty (60) days of the anniversary date of the original payment made under this subsection.
  4. The Nation’s payment in the Base Year will be $1,000,000.00 in each subsequent year of this Agreement, the Nations will make a payment to the City in an amount that is two percent (2%) greater than its payment in the previous year, for the same purposes.”

In return for which the city will not only announce its support for this new casino but actively support its development:

4. Termination of the PADA; Announcement Regarding the Project; No Opposition; No Annexation; Covenant Not To Sue.

  1.   As soon as practicable following the adoption by the City of a resolution approving this Agreement, the City will adopt a resolution in the form attached hereto as Exhibit C approving and authorizing the execution on behalf of the City and recording a Memorandum of Agreement and Partial Termination of Prior Agreement releasing the Property from the PADA, in the forms attached as Exhibit 1 to such resolution, which will then be executed on behalf of the City and the Nation and recorded, at the cost and expense of the Nation, in the Official Records (the ‘Memorandum of Agreement’).
  2. Press Release. Within ten (10) days after the Effective Date, the City and the Nation will issue a joint press release, approved in substance and form by each of the Parties, stating that:
  3. The City and Nation have entered into a mutually beneficial intergovernmental agreement relation to the Property and the Project;
  4. The City supports the United States’ acquisition of the entirety of the Property in trust for the benefit of the Nation under the Lands Replacement Act;
  5. The City supports the Project (including the Nation’s proposed casino gaming operation on the Property);
  6. The City wants the Nation to construct and commence operating the Project as expeditiously as possible for the mutual benefit of the City and the Nation; and
  7. The City supports the Nation’s efforts to enter into a Compact authorizing the Nation’s Class III Gaming on the Property.
  8. No Opposition.
  9. The City will not, directly or indirectly, oppose, challenge, or appeal any decision by the Secretary of the Interior to acquire the Property in trust for the benefit of the Nation under the Lands Replacement Act, including any current or future fee to trust applications concerning the Property.
  10. If the Nation asks the National Indian Gaming Commission or the United States Department of the Interior to issue any decisions or opinions relating to whether the Property meets the requirements of 25 S.C.&2719(b)(1)(B), the City will not, directly or indirectly, oppose the request.
  11. No Annexation. The City will not, after the Effective Date, annex, or take any action to annex, all or any portion of the Property.
  12. Covenant Not To Sue. The City will not commence any future action or make any claims against the Nation or Gaming Enterprise to hinder the Nation or the Gaming Enterprise in developing the Project, except that the City may seek to enforce the terms of the Settlement Agreement and this Agreement.”

One reason to vote ‘yes’ would have been because I do not oppose the city’s agreement to not pursue annexation of this land in question. Let it remain in the county. When it is taken into Trust it becomes a reservation and part of a sovereign nation. This means the new TO casino when built will be on reservation land and not subject to local, county or tax taxation and it is not subject to local or state building codes. That is because it will be a sovereign nation and not under local, county or state jurisdiction. The issue of agreeing to not annex the land was never the issue for me. There were other reasons that compelled me to vote ‘no’ on this issue that I believe outweighed the issue of annexation or non-annexation.

I should disclaim that I have had a long history of opposition to the first casino, now a reservation, a sovereign nation, surrounded by Glendale. I will not bore you with the long history of that fight but suffice it to say, some of the actions taken by the TO appeared to some as being underhanded. Were they? That’s for you to decide but several local tribes claimed such. Here is the link to the testimony before the U.S. House of Representatives in May, 2013, of Diane Enos, President of the Salt River-Pima-Maricopa Indian Community. It does a good job of summarizing many of Arizona’s Indian tribes view of the Tohono O’odham’s actions historically: HHRG-113-II24-Wstate-EnosD-20130516

My ‘no’ vote was based upon the following questions and assumptions. My first thought was, why is the TO paying the City of Glendale when the casino will not be on city annexed land? It will remain part of the county until it is designated a reservation. With the passage of Resolution R 21-11 it will never be annexed by Glendale or be a part of Glendale. There may be several reasons:

One could be in the 1986 Gila Bend Act Congress authorized the Tohono O’odham to purchase and to become reservation up to 9,880 acres of land in Maricopa, Pima or Pinal counties. The land was supposed to replace agricultural land that had been flooded by the federal government. There was the expectation that the new land purchases would be agricultural. Under the Act, it also states the purchased land may not be within the corporate limits of any city.

Another reason may be the TO’s intense desire in securing Glendale’s full-throated support as the city agrees to publicly support the new casino. Why is this important to the TO? My guess it is to neutralize any opposition there may be from other tribes such as Gila River or Salt River-Pima-Maricopa. The TO can point out that it has the support of Glendale to move forward with this new casino.

It also secures Glendale’s support of a new Indian Gaming Compact that will go before the state’s voters in 2022 as well as ensuring Glendale’s support in its requests of the federal government to designate the land as a reservation.

Under the existent Compact the TO are allowed a total of 4 casinos. They have those now – one in Tucson, Ajo, Sahuarita, and Glendale. To construct a 5th casino will require the agreement of the signatory Tribes to the newly crafted Compact soon to be presented to the state’s voters, as well as voter approval.

That raises a question about the new Compact, as yet unveiled to the public. If the TO anticipates getting a 5th casino, does that mean all of the other signatory tribes are anticipating getting authority to plant even more casinos in the Greater Phoenix Metropolitan Area?

Yet another reason may be because the seller of the land to the TO was a member of the PADA (Pre Annexation Development Agreement) which required land owners who are party to this agreement to annex into Glendale. When the land was sold to the TO this legal proscription remained with the sale of the land.

Although it is not specifically spelled out, the agreement seems to be a “quid pro quo.” In return for certain payments to the city, the city will support the TO’s plans. It is often acknowledged that “perception is reality.” The perception of some, after reading the Agreement, may be that the Tohono O’odham bought the city council’s support. I don’t disagree.

There may be “more to this story” than the TO have shared. Perhaps they do not enjoy the support of some of the other Tribes. Perhaps if the city had decided to keep their land in the PADA it might have clouded a federal decision as to whether the land should be taken into trust for a reservation. I honestly don’t know.

Other considerations that formed my decision to vote ‘no’ were the new casino may draw customers from those traveling along the Loop 303 but I suspect it will also draw Sun City, Sun City Grand and Sun City West patrons of the current casino to patronize the new casino as it is closer to them. It may end up cannibalizing its customer base; and although the site is not within the noise contours of Luke Air Force Base, it is in close proximity to them. The TO will be constructing a casino with intense usage just outside of those noise contours.  There could be cause for concern should there ever be an aircraft accident.

In summary, it wasn’t the actual issue of agreeing that the city would not annex the land that drove my decision but rather other, less tangible considerations and perceptions. Does this mean that I cannot work with the TO on issues regarding its current casino in Glendale? No. I promised fair consideration of any request they may make and I will abide by that pledge. The Agreement just passed by city council raises questions that remain unanswered and are likely to remain unanswered. Those questions prompted my ‘no’ vote.

© Joyce Clark, 2021       

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 ‘fair use’ of any such material. 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.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

I promised to provide a brief update regarding my journey to become fully vaccinated. My first shot was on January 13th and was the Pfizer vaccine. Registering for my first appointment was relatively simple. I got on the state website, registered, answered their questions and was able to make an appointment at State Farm Stadium. I knew I had a 21 to 28 day window to get my second vaccination.

Not so with an attempt to secure an appointment for my second vaccination. I knew the 28th day was February 8th. So, I started by going to the state website. The first sign that I knew things weren’t going well was that I’d log in and kept getting kicked off the site. When I was finally successful, after many tries, to find a vacant appointment slot between February 2nd and February 8th there were no slots available. Here I was, trying to make an appointment a day or two after my first shot and there were no empty appointment slots available. How could this be? I have no answer.

After trying the online approach for several days with my level of concern rising, I used the hotline number provided on the state website. It took several calls and much dead airtime waiting to talk to someone before I got a live person who promptly told me that there appeared to be no slots available, but she would check and call me back. The following day I received the phone call and the only slot I could get was at 2:45 AM on the last day, the 28th day of my window. I immediately confirmed.

That morning I made my way to State Farm Stadium. I have nothing but praise for the setup used at the Stadium. On both occasions, there was a logical and quick process to confirm my appointment. The longest part of the process is waiting 15 minutes to verify that I had no immediate reaction to the vaccine.

There have been stories of some having had mild flu symptoms, headache, fever, and chills or experiencing tiredness. I am here to tell you that I had no symptoms after my second Pfizer vaccination. Nothing at all.

I had heard that one is more likely to experience side effects after the Moderna vaccination, but I don’t know of anyone personally who received Moderna and experienced symptoms after the second vaccination.

I can report to you that although I had difficulty lining up an appointment for my second vaccination, don’t give up. Be persistent. You can get it done. Your chances of having a reaction are minimal and should not deter you. I urge all those in the 1A and 1B groups to get your vaccination. It’s worth the effort. Even though it offers a certain amount of reassurance and peace of mind, I will continue to mask up and socially distance and you should as well.

© Joyce Clark, 2021       

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 ‘fair use’ of any such material. 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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