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Joyce Clark Unfiltered

For "the rest of the story"

Aug 14

10

Still more reasons to reject a flawed agreement

Posted by Joyce Clark on August 10, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • Tohono O'odham  | Tagged With: , , , | 2 Comments

The Glendale City Council will vote on the proposed Tohono O’odham/Glendale agreement on Tuesday evening, August 12, 2014. Expect a packed house with speakers both pro and con. If you would like to attend the meeting here are the details:                                                     

Tuesday, August 12, 2014

6 PM

Glendale City Council Chambers

5850 W. Glendale Avenue

In the proposed agreement the Nation will pay $100,000 to the Glendale Convention and Visitors Bureau with an annual 2% ($2,000) increase. Bet on the payment coming from the state mandated percentage that all tribes must dole out to non-profits annually. Although not specified in the proposed agreement the general understanding is that the money will be used to promote and advertise the casino. Now, that’s a sweet deal for the Tohono O’odham (TO). The funds will be used exclusively for the proposed casino’s promotion to the detriment of other competitor member businesses who have restaurants, bars or hotels.

Glendale would be better served to have a stipulation similar to the Seneca/Buffalo agreement. In June, 2014 the Buffalo News reported, “Seneca Gaming Corp. on Thursday announced a plan to spend $3 million over a year marketing Buffalo’s attractions… The marketing program announced Thursday includes print, television, radio and digital advertising in Ontario, Pennsylvania and Ohio. Among the targeted markets are Toronto, Cleveland and Pittsburgh.” Hmmm…$3 million and Glendale is settling for $100,000 to its Convention Bureau to be used to advertise the proposed casino.

It is widely known that Mayor Weiers, while visiting the City of Niagara Falls, received a great deal of information on that city’s casino revenue sharing arrangement. He brought it back, had it copied and distributed to every member of council. They know there is a better deal to be had yet they continue to rush to accept this deal. People are now openly wondering is there any quid pro quo? Have the Tohono O’odham done or will it do Independent Expenditure campaign mailings for Alvarez? In 2016 will it do the same for Hugh, Sherwood and Chavira? Many readers of this blog still can’t get over Mark Becker’s (Becker Billboards owner) campaign donation of $2,500 to Alvarez and her vote of approval for the billboards. So much for principle. If they are ugly and unwanted in her district, why wouldn’t they be ugly and unwanted in the Cholla district?

Are you dumb founded yet by this proposed agreement? If not, you should be. It’s reminiscent of the arena management deal and the Camelback Ranch deal. The majority (Alvarez, Hugh, Sherwood and Chavira), avid supporters of the TO, have continually pointed fingers at previous councils and their inability to negotiate deals to benefit Glendale. Now they have an opportunity to negotiate in Glendale’s best interest and they have blown it.

This is a deal that begs for rejection. The majority of 4 can’t do that for all kinds of reasons: their haste to get something…anything…before the November General Election when the council make up could change and they lose their majority; their haste to get something…anything…should the Attorney General’s investigation into Open Meeting Law violations drops the hammer on any or all of the 4 of them and they lose their majority; and lastly, out of sheer embarrassment for rejecting an agreement they have publicly proclaimed as a “good deal for Glendale.”

What they fail to recognize is that the Tohono O’odham are desperate. They need Glendale. Glendale does not need the Tohono O’odham. The TO must still secure gaming approval from the Bureau of Indian Affairs and the Interior Department and to obtain it they need Glendale and the Governor of the State to enthusiastically embrace their plans.

This coalition of 4 councilmembers reminds one of an old, worn out, street hooker bending over and willingly accepting five bucks for services rendered. It’s downright pitiful and embarrassing.

© 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.

Aug 14

8

Three reasons to reject the proposed Tohono O’odham/Glendale agreement

Posted by Joyce Clark on August 8, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • Tohono O'odham  | Tagged With: , , , | 1 Comment

The proposed agreement between the City of Glendale and the Tohono O’odham should not be executed at this time. It is premature. There are outstanding legal actions and Congressional legislation yet to be decided. At the very least, the Glendale City Council should table this action to a time uncertain. There is absolutely no need for execution of this agreement immediately. In the last blog there were 3 major flaws with the agreement. Let’s take a look at them.

  1. The City of Glendale has no authority to review the design and the only entity that can inspect construction is the Fire Marshall. The Fire Marshall will not be able to tell if the plumbing, electrical, etc., construction is up to Code. The reservation is similar to a foreign nation planted inside Glendale. The proposed casino’s design cannot be approved by Glendale and even more importantly, the Federal Aviation Administration. The University of Phoenix Stadium’s height was subject to the FAA process and required approval from the agency. If the Tohono O’odham builds structures whose height interferes with operations of Luke Air Force Base or the Glendale Municipal Airport, Glendale and every agency is prohibited from taking action to stop it. There is precedent for such action. In Kenosha, Wisconsin their agreement stipulates, “That the Menominee Kenosha Gaming Authority will follow all applicable building and Federal Aviation Rules during the construction and operation of the project.”  Glendale should insist on a stipulation in the agreement requiring the Tohono O’odham’s development to be subject to Glendale’s design review process and FAA restrictions.
  2. The amount to be paid to Glendale annually is too low. Here are some examples of Tribal revenue sharing with other cities across the country. In NY Governor Cuomo’s press release of August, 2013 says, “Under the agreement, the local governments in Buffalo, Niagara Falls, and the Salamanca area will receive their full 25% share of local impact payments, a total of $140 million. Today, the Governor traveled to Western New York to present checks to the local governments receiving funds under the agreement: Buffalo will receive $15.5 million, Niagara Falls will receive $89 million, and the Salamanca area will receive $34.5 million.” Because of a dispute between the State of New York and the Seneca Tribe payments were suspended for several years. The money cited in the press release were back payments made by the Seneca Tribe to those 3 cities. These cities receive anywhere from $2 to $8 million annually. The Seneca facility is about half the size of the proposed TO casino and therefore generates about half of the revenue expected at the proposed TO facility. Here is another example and it underscores another problem, “Officials in Duluth, Minnesota, are still trying to reinstate a gaming agreement with the Fond du Lac Band of Lake Superior Chippewa Indians. The tribe was sharing 19 percent of gross revenues from the Fond-du-Luth Casino. The tribe stopped making payments in 2009 after sending $75 million to the city.” If the Tohono O’odham stop making their miserly annual payments to Glendale, the city will see itself in a Duluth-type situation, waiting years to rectify the situation. Here is one last example and believe me, there are plenty more that could be cited. The Michigan Pokagon-New Buffalo Area Local Revenue Sharing Agreement says, “Section 18 of the Compact defines how tribal payments are made to local governments…These payments shall equal 2% of the annual net winnings at each casino derived from all Class III electronic games of chance, to the local units of government that are located in the immediate vicinity of each tribal casino site or that are otherwise directly affected by the operation of the casino.  It is the intent of the State and the Tribe that the payments to local units of government provided for in this section will be used primarily to provide financial resources to those political subdivisions of the State that actually experience increased operating costs associated with the operation of the Tribe’s Class III gaming facility.” For the most recent fiscal year, as of July 31, 2011, the total allocations of the tribal payments were shared by 8 cities and 4 educational districts in the amount of $5,818,019. The City Council should renegotiate the Tohono O’odham annual payment and require $15 million annually. That is equal to ONE DAY of estimated net profit or it should stipulate a percentage (no less than 5% annually) of net profit.   
  3.                                                                                                                                                                                                             3.  Lastly, Lastly, there is the issue of tribal sovereign immunity. The TO in the proposed agreement refers to a TO Resolution 14-317. I visited the Tohono O’odham’s web page on its Code and some very interesting information was available: “The Tohono O’odham Code is an unofficial compilation of the Nation’s laws of permanent and general interest, as well as Tohono O’odham Judicial Court rules, canons, and significant administrative orders. While the Code as a whole has not been formally adopted by the Legislative Council, an increasing number of the Nation’s laws are being adopted in a uniformly codified format and the individual laws appearing in the Code have been duly enacted as reflected in their legislative histories.” The web page defines sovereign immunity further: 

“Section 2101 Sovereign Immunity

    1. “The government of the Tohono O’odham Nation (“Nation”) and any person acting within the scope of his or her capacity as an officer, employee, or agent of the Nation are absolutely immune from suit, court process, or liability.
    2. “The Nation’s sovereign immunity extends to the Nation’s districts, enterprises, entities, and the officials, employees, and agents thereof.
    3. “Sovereign immunity cannot be waived except by a resolution or other official action of the Tohono O’odham Legislative Council expressly waiving, or authorizing a waiver of, sovereign immunity; provided that such a waiver shall be limited in accordance with its terms. A Legislative Council action that authorizes a Nation’s district, enterprise, or entity to sue or be sued does not waive sovereign immunity unless a waiver is expressly granted in a separate written contract or other duly approved writing.”

What is Resolution 14-317, where is it and what does it say? On Thursday, July 17, 2014 the TO called a Special Session and the last Resolution approved that day is Resolution 14-316, approving a Pisinemo District 2014 Operations Amendment . When was Resolution 4-317 passed and why is it not posted on the TO web site listing all actions passed by their Legislative Council? The City Council should require a stipulation requiring the TO to completely waive sovereign immunity with regard to any provision of this agreement. If the TO will not do so, then they have something to hide.

The proposed agreement makes me ill. Once again, Glendale is being taken to the cleaners and the majority of 4 councilmembers are too dumb or too ignorant to realize it. If they are truly serving the best interests of Glendale, as they claim to do, ad nausea, then they would take action to reject this TO self-serving agreement or at the very least, table it and craft an agreement that protects Glendale and works in its favor. Any one of these issues is enough grounds to reject or table the current proposed agreement. I would hope Councilmember Hugh might be concerned enough about these agreement provisions to support such action. So should Councilmember Sherwood, who fancies himself a negotiator and businessman extraordinaire.  

©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.

Aug 14

8

The cost is too high

Posted by Joyce Clark on August 8, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Tohono O'odham  | Tagged With: , , , | 3 Comments

There is so much wrong with the City of Glendale/Tohono O’odham proposed agreement, one hardly knows where to begin. Let’s start with the fact that it was posted on the city’s website on Wednesday, August 6, 2014. Do you know when the council vote is scheduled for this agreement? How about in 6 days, on August 12, 2014. In a city with a population of 239,000 how many people are even aware of or know any of the details of this agreement? Let’s be generous and acknowledge that perhaps the number is 2,000 residents. That’s .008% of Glendale…not even 1%. What’s the rush? The city should take the time necessary to inform its residents. Each of the councilmembers should be hosting a district meeting to offer information on the proposed agreement and get feedback from their residents. There should be a presentation on its TV cable channel 11. How about a town hall? This is an issue that calls for extensive public outreach.

What does the Tohono O’odham want from Glendale?

  • A restatement of Glendale’s repeal of a past resolution opposing a reservation within Glendale’s Municipal Planning Area (MPA).
  • Support of the Nation’s putting the entire 134 acres into Trust.
  • Admit that the land is not, and never has been within the corporate limits of Glendale.
  • Public acknowledgement of Glendale’s support for the proposed casino and wants it built as quickly as possible.
  • Urge the State of Arizona not to challenge the Secretary of the Interior’s decision and to withdraw its legal appeal regarding annexation
  • Urge Arizona’s Congressional delegation to oppose Representative Trent Franks’ bill and the bill offered by Senators McCain and Flake
  • Issue a joint press release within 10 days of the signing of this agreement to publicly state all of the above stipulations
  • Glendale is not to challenge any decisions made by the Secretary of the Interior
  • Glendale must stipulate to the National Indian Gaming Commission or Department of the Interior that their property meets U.S. Code requirements
  • The land is not subject to Glendale’s design standards or review and the TO will use its own building codes
  • Glendale will provide water and wastewater services

What can be learned from the Tohono O’odham’s Wish List? They are scared because they see the hurdles before them which they may not clear successfully. Of course they want Glendale to repudiate everything. What if the Congressmen’s bills pass? The TO are dead in the water. Any one of the State of Arizona’s challenges could be successful. The National Indian Gaming Commission could deny their right to put gaming on the land. Again, why are 4 Glendale councilmembers so anxious to support the TO and to approve the agreement now…immediately? Because the TO are desperate. Their very Wish List signals that they need Glendale to avidly support them to succeed.

What will the TO give to Glendale?

  • The TO will pay for construction of infrastructure on their property (something that all developers ordinarily do). They refer to Exhibit C with a list of what that would be. Do we know? No…because there is no publicly available Exhibit C
  • The TO will pay for construction of offsite improvements if Glendale can prove they are a direct result of the TO project. They refer to Exhibit D with a list of what that could be. Do we know? No…because there is no publicly available Exhibit D
  • The TO may, if they feel like it, enter into a public safety mutual aid agreement
  • The TO promises to give the Glendale Convention and Visitors Bureau $100,000 a year and increase it by 2% a year ($2,000). That’s easy…that will come from the 8% a year the state requires of all Tribes to be dispersed to non-profits
  • The TO will pay Glendale $1.4 million a year and increase it by 2% a year until 2026. After that the payment drops to $900,000 a year. Why use the year 2026? That’s the year the current State Compact expires. Do you think the Tohono O’odham might suffer under a new Compact? If there is one? You betcha.
  • The TO waives Sovereign Immunity…sort of. First there must be Mediation, then Arbitration. Is the action is in accordance with the TO’s Resolution No. 14-317 the city might be able to legally sue the Tribe. What is in this mysterious and secret Resolution 14-317?

Set aside the fact, for the moment, that Glendale should not be entering into any agreement with the TO now. There are so many issues unsettled. Of all of the flawed stipulations in the proposed agreement the three major ones are: the amount of payment by the Tohono O’odham to Glendale; the prohibition of Design Review and construction inspection by Glendale;  and the issue of sovereign immunity. They will be explored further in the next blog.

Glendale promises to be cheerleader and lapdog, all rolled into one, for the Tohono O’odham…but the cost to Glendale is extremely high, especially in terms of its reputation and its integrity with the Tribes opposing the proposed casino, the State of Arizona, Arizona’s Congressional delegation and all Valley cities. The cost is too high.

© 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.

Jul 14

31

“They looked us in the face and lied”

Posted by Joyce Clark on July 31, 2014
Posted in Casino • City of Glendale • Tohono O'odham  | Tagged With: , , , , , , , , | 3 Comments

“They looked us in the face and lied.” Those are the words of Diane Enos, President of the Salt River-Pima-Maricopa Indian Community when she testified, under oath, on July 23, 2014 before the Senate Committee on Indian Affairs. Her words are blunt and unequivocal. It is an expression of utter frustration and betrayal perpetrated by Tohono O’odham (TO) on virtually every Tribe in the state. What other lies may be on the horizon?

Here is one. What about the 6,000 construction jobs promised by the TO in its effort to sell the casino to an unsuspecting public? Large casino construction projects across the country generally average about 2,000 jobs. In California the Graton Rancheria Tribe constructed an $800 million entertainment and gaming destination. It resulted in 750 construction jobs. Mike Sunnucks in a July 28, 2014 story for the Phoenix Business Journal quotes Libby Francisco, COO of of the Tohono O’odham Gaming Enterprise as saying, “…the first construction phase will employ 3,500 workers…” If my math is correct, that is a little over half of the construction jobs promised by the TO. So much for their promise of 6,000 construction jobs. Might this be lie #2?

The Tohono O’odham do not have approval to place gaming on their newly designated reservation but that has not deterred them from hiring construction companies. Sunnucks says, “The Tohono O’odham Nation has picked Hunt Construction Group and Penta Building Group…” as their contractors. These companies will, in turn, hire sub-contractors for electrical, plumbing, concrete work, etc. These subs will put out a call to hire for this project. Men and women will come from all over the country and be hired. It will not matter where the workers come from as long as they can do the work at the hourly wage that Hunt and Penta’s sub-contractors will offer.

My family members are or were union members. Some are still actively employed and others are retired. All their work lives at one time or another, for short periods of time and sometimes for a year or better, they have worked out-of-state on large, mega construction projects. They go where the work is and the competition for these jobs is fierce.

Arizona’s unions have been most vocal in their support of the proposed TO casino as visions of local, union construction jobs dance in their heads. If these unions have a behind-closed-doors, back-slapping “understanding” with the TO about using local, union labor exclusively they better get it in writing and insist on a waiver of the Nation’s claim to sovereign immunity. Without a waiver they cannot sue for breach of contract. The TO will not be directly hiring any of the construction workers. The sub-contractors hired by Hunt Construction and Penta Building Group will do the hiring and they will decide based upon what works to maximize their bottom line. Might this be lie #3?

There is more to come, such as the wages paid for permanent jobs, but I’ll save that for another blog. You may consider the Tohono O’odham’s word as suspect and many do. It certainly should be on the minds of the Glendale city council for just like the Tribes throughout the state they may learn, painfully, that any promises, understandings, compacts or contracts are not worth the paper they are written on without a waiver of sovereign immunity. The TO could promise anyone anything and not deliver on their promise – just as they did to their sister Tribes – and then use their shield of immunity.  Remember President Enos’ words, “They looked us in the face and lied.” Who wants to take that chance?

© 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.

Jul 14

29

Senators McCain and Flake introduce companion bill to Franks’ HR 1410

Posted by Joyce Clark on July 29, 2014
Posted in Casino • City of Glendale • Tohono O'odham  | Tagged With: , , , , , , , , , | 10 Comments

On July 27, 2014 Senators John McCain and Jeff Flake introduced S. 2670 according to an Associated Press release. The senators announced that their bill is a companion measure to Representative Trent Franks’ H.R. 1410 approved by the House of Representative and awaiting action in the Senate. It prohibits the construction of any new Indian gambling operation on unincorporated land in the metro Phoenix area that is not contiguous to an existing Indian reservation.

This bill takes aim at the very heart of the Tohono O’odham’s proposed casino on unincorporated land in Glendale. A very special “Thank you” goes out to the three members of the Arizona Congressional delegation: Representative Trent Franks and his bill, H.R. 1410 and Senators John McCain and Jeff Flake for their bill, S. 2670. Those of us who live near the proposed casino and who would have to deal with its impacts on our quality of life are extremely gratified and appreciative.

This bill seems to have wide support in the Senate. Talk is that even some Democratic senators will support this bill. It appears that many Senators have become concerned about the latest national trend of “reservation shopping.” While this bill does not address that issue per se it does send a strong signal to tribes across the country that they may very well see legislation banning the practice, especially if the Senate is controlled by Republicans after this fall’s election cycle.

Again, thank you Senators McCain and Flake. We on the front lines appreciate your support and your efforts.

© 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.

Jul 14

29

Casino reality

Posted by Joyce Clark on July 29, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Tohono O'odham  | Tagged With: , , , , , | 4 Comments

This is the proposed casino’s reality. Fort McDowell Casino isFort McDowel prime-rib 2 currently running ads that offer Prime Rib on Tuesdays for $6.99 and Crab Legs on Wednesdays and Thursdays for $7.99. It’s not possible for a Yard House, Gordon Biersch, McFadden’s or Saddle Ranch Chop House at Westgate to offer these prices.

Fort McDowell prime rib July 2014You will not see prices like these at the Westgate restaurants for very good reasons: sales tax and regulatory costs. You see, these restaurants have to collect federal, state, county and Glendale sales tax. The Glendale portion of the restaurant sales tax is 3.9%. When state and county taxes are added the total rate is 11.2%.What sales tax does the proposed Tohono O’odham casino with its planned restaurants pay? Nada…zip…nothing.

The icing on the cake is that the Glendale city council just voted to make the temporary sales tax increase permanent…just another stake in the hearts of these restaurants.

Add to the unlevel playing field of all kinds of taxes paid by businesses in Westgate the myriad of federal, state and local regulations with which these businesses must comply. It eats into Westgate businesses’ profits to do so. As a sovereign nation the TO is not required to comply with federal, state, county or local regulations. What regulatory costs does the proposed Tohono O’odham casino bear? Nada…zip…nothing.

TV Channel 5 weekly runs a “Dirty Dining” segment with recent results of inspections of restaurants in Maricopa County. Have you ever seen a Tribal restaurant inspection review? Of course not. Tribal reservations are not subject to these kinds of inspections. They are not subject to federal (OSHA), state, county or local health, safety and welfare regulations because they are a reservation and have sovereign immunity…consider the reservation as a foreign country planted within Glendale. A call placed to the Maricopa County Department of Environmental Services revealed that it has no jurisdiction over tribal restaurants and the Indian tribes regulate themselves. What regulations are there to protect the health, safety and welfare of the casino’s workers and patrons? Nada…zip…nothing.

What do you bet one of the very first elements the Tohono O’odham (TO) will build is paved parking lots. Why, you ask? So they can undercut parking prices for Cardinals games, hockey games and other non-sporting events held at Glendale’s arena, less than a mile away. Is there anything that can prevent the TO from offering cheap parking? Nada…zip…nothing.

I can see it now…shuttle busses packed to the gills disgorging seniors coming from the Sun Cities and Youngtown, spending their time playing bingo and the slots, then partaking of a buffet lunch or dinner before being whisked back to whence they came, never seeing the light of day at Westgate or Tanger Outlets.

Recently I received over the Indian gaming transom some  reliable estimates of what the proposed TO casino is projected to earn in revenue. The numbers are astounding. The numbers offered are not carved in stone but are reasonable estimates provided by people who would know within the industry. Estimates provided are that a new casino in Glendale would earn between six hundred million dollars and seven hundred million dollars a year in gross revenue.

It is estimated that the Tohono O’odham’s net will be half that amount (50%) or three hundred to three hundred and fifty million dollars a year. The net amount reflects the subtraction of all costs associated with O&M as well as an amount of 1% to 8% of the tribe’s gross gaming revenue to the state. To put that in some kind of perspective, it is estimated the TO will net a million dollars a day. Think about that…a million dollars a day.

Which leads to the question of why do the 32,000 members of the TO Nation average an income of $8,000 a year as Chairman Norris testified, under oath, before the Senate Committee on Indian Affairs this past week, “Most of our reservation land is located in remote isolated areas and our population is one of the poorest in the United States with average individual incomes of just over $8000.” The Tohono O’odham have 3 casinos operating in southern Arizona. Their website says, “The Desert Diamond Casino, owned and operated by the Tohono O’odham Nation, provides three exciting entertainment venues in Southern Arizona: Desert Diamond Casino (Nogales Highway), Desert Diamond Casino (I-19 & Pima Mine Rd) and Golden Ha:san Casino (Why, AZ).” It goes on to say, “The mission of the casinos is to provide the means for a better quality of life for Tohono O’odham Nation and all people in Southern Arizona.” If the TO are netting even a portion of these revenue estimates from its three southern Arizona casinos, why is part of the net not distributed to the Nation’s members by the Tribal leadership to reduce the poverty rates of its 32,000 members?        

It is widely known that 4 Glendale councilmembers directed staff to negotiate with the Tohono O’odham and the results will be discussed at their August 5, 2014 workshop. Rumor has it that the city council has negotiated something in the neighborhood of $100,000 from the TO. That’s got to be a joke. If it turns out to be true, once again, Glendale’s city council will get snookered…this time by the TO…all the while congratulating staff for their work and patting themselves on the back.

They should demand…not ask…demand a 5% payment of the Tohono O’odham’s annual net revenue earned by all of the development placed on that site. It has a nice ring to it, doesn’t it? What does 5% equal? How about $15,000,000 a year? Doesn’t that number sound familiar? It’s the same amount the city must pay annually to IceArizona under the management agreement. It would certainly go a long way to relieving the tremendous financial pressure the city faces annually as a result of that payment to IceArizona.

Are Glendale residents willing to sell their souls and bear yet another financial burden for not only a token payment but for the TO’s highly inflated numbers of temporary construction jobs and low-paying service industry jobs? Is this city council while pandering to a small number of extremely vocal residents that desperate and gullible? Is this the best that we can expect from our city council?

© 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.

Jul 14

15

The circus comes to Glendale

Posted by Joyce Clark on July 15, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • Westgate  | Tagged With: , , , , , , , | No Comments yet, please leave one

On Tuesday, July 15, 2014 the Glendale city council held a special meeting. It was posted the required 24 hours in advance of the meeting but other than knowing that the topic would be the casino, the posting was generic. Let me make clear I oppose the proposed casino. I have from the first moment in 2009 when the Tohono O’odham (TO) announced they were coming until this day and beyond.

We now know why this special voting meeting was called. There was evident panic in the pro-casino ranks of Councilmembers Alvarez, Hugh, Sherwood and Chavira. The public cover (read excuse) they used for calling the meeting was that the Department of the Interior recently approved taking TO land into trust (blessing it as a reservation). What really has them steamed is that Mayor Weiers has been invited to testify before the Senate Committee on Indian Affairs about off-reservation gaming on July 23, 2014. It was a blatant, back room  attempt to make him toe the city line and support the proposed casino. That was the “gang of four’s” real agenda. There is another element that needs to be considered. The Primary Election. There is every possibility that the majority in favor of the casino could become the minority, especially if Alvarez loses her council seat (a distinct possibility).

There should be some real concern among the public about the orchestration of this special meeting. The four majority vote councilmembers obviously got together and orchestrated this charade. Everyone should be asking, just how much conversation was there between them and was any portion a violation of the state’s Open Meeting Law? They, to a person, repeated each other and called for a new council resolution rescinding Council Resolution 4246 and asking for a declaration of support for gaming on the reservation land.  They obviously were all on the same page and had decided in advance exactly what the strategy and outcome were to be.

It was evident that the four, as a majority, called for the meeting without consultation with the minority. There was obviously a deliberate lack of communication with the 3 minority voting councilmembers. Obviously they were not included in any discussion about this special meeting. In fact, Mayor Weiers stated that he was on vacation and no one bothered to check his schedule for his availability. Vice Mayor Knaack made it clear her attendance was “under protest” and Councilmember Martinez called the meeting “inappropriate.”

Mayor Weiers has the legal right to oppose the proposed casino before this Senate Committee as long as he makes it clear that his comments are personal and do not reflect the city’s newly adopted position.  I sincerely hope that he takes this opportunity to express in the strongest terms possible, the many reasons why this casino is not good for Glendale.

Mayor Weiers made it clear that he was not happy with the process that was occurring and he stated unequivocally that “what is happening is wrong.” He said the entire process was rushed and it was — but now we know why. He reminded everyone that council has a history of making bad decisions when it is rushed.

Vice Mayor Knaack agreed that the entire process was rushed and could have waited until council reconvened in August. Ahhh, but then the majority pro-casino contingent would not have had the opportunity to try to muzzle Mayor Weiers before he testifies before that Senate Committee. She believes that a casino within Glendale will destroy the voter approved Arizona gaming compact passed in 2002 and it will.

Councilmember Martinez said that the council actions could jeopardize any leverage the city might have with regard to negotiations with the TO. Vice Mayor Knaack expressed the same concern and asked, “Will the action today impact the city’s ability to negotiate the best deal possible with the TO?” That finally stopped “the four” and they acceded to going into Executive Session. Apparently whatever they learned from the City Attorney in that E Session was not persuasive enough to dissuade any of the predestined, determined and blind action of the four.

Two comments were made of note. Arthur Thruston, a Glendale Gadfly, said there was nothing wrong with the manner in which the TO had purchased the land. As a reminder, it was purchased by a shell corporation of the TO back in 2002 and kept secret for 7 years, until 2009. Thruston likened it to Intel or any other large corporation buying land before announcing their new location. OMG…Thruston needs to get real. It is not typical for a corporation to wait 7 years between its purchase and announcement.

Councilmember Sherwood again reiterated that all of the businesses in Westgate are just hunky dory at the prospect of the proposed casino. He used the analogy of a hamburger stand on a corner saying, when another hamburger stand locates nearby it creates synergy and each stand will have more business. That’s fine as far as it goes. What if both stands produced hamburgers that tasted equally well but the new stand sold its burgers for less – a lot less? Did it ever occur to him that if both hamburger stands produced hamburgers of equal quality and taste the public would always choose the cheaper product? Voila! Does that make the situation the Westgate area businesses face from the proposed casino clearer?

Predictably Resolution 4828 New Series passed by a vote of 4 to 3.  It has 3 elements: repeal of Council Resolution 4246; support for gaming on the TO land; and direction that this resolution is sent to the entire Congressional delegation. Alvarez, Hugh, Sherwood and Chavira in the affirmative. Weiers, Knaack and Martinez in the negative. Alvarez has finally paid back the TO for their independent expenditures on her behalf. Now they will owe her more in this election.

The seminal question is this: How can anyone possibly trust anything the TO agrees to in its negotiation with Glendale? They kept secret purchase of the land in Glendale for 7 years. They back stabbed their sister Tribes by flagrantly violating the Arizona gaming compact. If you are not dissuaded by their past actions, I have bridge in Brooklyn to sell to you.

This action by council has stirred me to act. I am writing a letter to the entire Congressional delegation repudiating this council’s Resolution. I encourage any reader who is dismayed by this council’s recent policy decision to take the time to write as well.  A trickle of opposition, when joined with one another, becomes a stream and eventually a mighty river. It’s time for Arizona’s delegation to learn there is a mighty river of opposition to the proposed casino.

© 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.

Jul 14

14

Alert! Special Glendale city council meeting

Posted by Joyce Clark on July 14, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale zoning issues  | Tagged With: , , | No Comments yet, please leave one

Today, Tuesday, July 15, 2014, a special city council meeting has been called. It is a voting meeting. It appears that council will be asked to vote on an action related to Congressman Trent Franks’ bill HR 1410. I encourage anyone with an interest in the proposed Tohono O’odham casino project to attend. Since it is a public meeting the public will have the opportunity to speak to the issue. The meeting is at 1:30 PM. It will be at City Hall. The meeting notice does not indicate where but I would go to Council Chambers.  If you cannot attend, I urge you to contact your City Councilmember:

  • jweiers@glendaleaz.com
  • yknaack@glendaleaz.com
  • mmartinez@glendaleaz.com
  • ihugh@glendaleaz.com
  • nalvarez@glendaleaz.com
  • gsherwood@glendaleaz.com
  • schavira@glendaleaz.com

Here is a link to the meeting notice: http://www.glendaleaz.com/Clerk/agendasandminutes/Meetings/Agendas/071514-S01.pdf .

I have also posted verbatim the Council Communication:

Meeting Date: 7/15/2014
Meeting Type: Voting
Title: DISCUSSION, UPDATE AND POSSIBLE ACTION RELATED TO PROPERTY LOCATED AT APPROXIMATELY 91ST AND NORTHERN AVENUES AND THE TOHONO O’ODHAM NATION’S APPLICATION FOR TRANSFER OF THE LAND INTO TRUST FOR THE BENEFIT OF THE TOHONO O’ODHAM NATION
Staff Contact: Brent Stoddard, Intergovernmental Programs Director

 Purpose and Recommended Action

Pursuant to direction from City Council, staff is being requested to update the Council on federal actions, legislation and hearings related to the property located at approximately 91st and Northern Avenues.

Background

On Wednesday, July 9, 2014, Glendale was notified by the Clerk of the U.S. Senate Committee on Indian Affairs that the Committee would be holding a hearing on Wednesday, July 23, 2014 at 2:30 p.m. in the Dirksen Senate Office Building in Washington D.C. titled “Indian Gaming: The Next 25 Years.” The Committee also invited Mayor Weiers to attend and testify at the Committee hearing.

The Senate Committee on Indian Affairs is also the Committee that House of Representatives Bill 1410 “Keep the Promise Act of 2013” has been referred to. H.R. 1410 was introduced in the House of Representatives by Congressman Trent Franks in April 2013. The bill passed the House in September 2013 and was referred to the Senate Committee on Indian Affairs. The Committee has taken no action on the legislation.

The City Council, at its March 25, 2014 Council meeting, adopted Resolution No. 4783 opposing House of Representatives Bill 1410 “Keep the Promise Act of 2013” and directed the City Clerk to send the resolution to the members of the Arizona Federal delegation.

The City Council, at its March 18, 2014 Workshop, gave staff direction to bring forward a resolution setting forth the City’s official position relating to H.R. 1410. The City Council also discussed and gave direction that the City of Glendale was not changing or waiving its position relating to Resolution New Series 4246, executed on April 7, 2009, opposing the Tohono O’odham Nation’s application to the Secretary of the Interior and the Bureau of Indian Affairs to have land taken into trust and an approval of gaming on the land located at approximately 91st and Northern Avenues.

Previous Related Council Action

At the City Council Workshop held on October 15, 2013 and the Workshop of March 18, 2014, the City Council discussed the direction related to property located at approximately 91st and Northern Avenues and the Tohono O’odham Nation’s application for transfer of property into trust for the benefit of the Tohono O’odham Nation.

Attachments

None

Jun 14

20

Do you still want the casino if…

Posted by Joyce Clark on June 20, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale finances  | Tagged With: , , , , , | 3 Comments

I have written about the proposed Tohono O’odham (TO) casino and its impact on Glendale too many times to count. The other day a thought occurred to me. We all know that Glendale is in a financial mess. Its debt burden has prevented the construction of so many much needed facilities such as a western branch library and has caused the cuts in service to residents’ quality of life.

We often hear Councilmember Alvarez complain about service cuts and the on-going lessening of basic infrastructure maintenance. Yet she is all too willing to support the construction of the proposed casino in the name of jobs. Realistically the job numbers touted by the TO are highly inflated and everyone seems to ignore the stipulation that 25% of them must go to Native Americans.

Has anyone considered the financial impacts to a city already struggling financially? I think not.

Several years ago senior Glendale staff presented a cursory assessment of the financial effects of the casino. It was made clear that a new water treatment facility would be required to service the intense demand for water that would be created by the casino and its ancillary uses.  The construction of such a water facility is upwards of $70 million. Who would pay for it? Certainly not the Tohono O’odham. The persons paying the construction bill would be water ratepayers through an increase in water rates.

Then there is the issue of public safety. While a TO reservation would have its own tribal police to handle issues within the reservation it would be Glendale’s police and fire that would respond outside the reservation boundaries. At the very least, Glendale taxpayers would have to bear the costs of an increase in personnel and could experience delayed response times.

Lastly there are transportation costs. Streets adjacent to the reservation may need improvement to handle the increased traffic that will occur 24/7. There may be a need for upgraded traffic signals, signage and upgrades to the city’s Intelligent Traffic System.

For all of those who support the coming of the TO casino, do you still want the casino if it means that you have to pay more for your water provided by the city?  For all of those who support the coming of the TO casino, do you still want the casino if it means that public safety response times get longer as Glendale’s public safety personnel deal with a major traffic accident on adjacent streets or respond to a heart attack victim on the reservation? For all of those who support the coming of the TO casino, do you still want the casino if it means that instead of resurfacing or improving your street the money is used to improve or maintain streets to accommodate the increased traffic adjacent to the reservation?

You know, of course, that because of reservation status, the TO pay no taxes of any kind – no federal taxes, no state taxes, no county taxes and no Glendale taxes. If you were counting on increased sales tax revenue from the casino to offset these new financial burdens to the city’s General Fund, you can forget it. It’s not going to happen.

There are those like Councilmember Sherwood that believe Glendale can negotiate reimbursement for its added financial burden to support the casino from the TO. Do you really think the TO will shell out $70 million for a new water treatment facility or pay the ongoing costs of an increase in public safety personnel or pay millions for new or upgraded street improvements?

Even if a deal is struck, how can you trust people who violated agreements and the trust of their sister Tribes or kept secret its purchase of land for 7 years? If they renege on any kind of agreement with Glendale how will those who have complained about the costs of law suits feel about yet another law suit to get the TO to honor an agreement with Glendale?  

Please don’t regurgitate that the TO are required to give a small portion (8%) of their revenue to non-profits throughout the state. That presupposes that the TO will give their entire portion to non-profits in Glendale and ignore those in the Tucson area (site of their real reservation). Not going to happen. None of that money can go to Glendale’s General Fund to offset the new financial demands created by the proposed casino.

For every action there is an equal reaction. It’s the age old law of unintended consequences. While you may support the proposed casino because it will “create jobs,” are you willing to place further financial burdens on a city already under financial stress? Are you willing “to put your money where your mouth is” and to pay more for your water, deal with longer public safety response times and watch your streets deteriorate even further? I’m not.

© 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.

Jun 14

3

Don’t be countin’ them chickens just yet

Posted by Joyce Clark on June 3, 2014
Posted in Casino • City issue and actions • City of Glendale  | Tagged With: , , , , , , , | No Comments yet, please leave one

On May 27, 2014 the Supreme Court issued a ruling on a tribal immunity case, Michigan v. Bay Mills Indian Community. Here is the link to their decision: http://www.scotusblog.com/case-files/cases/michigan-v-bay-mills-indian-community/ . 

It was a narrow case with a decision rendered on one specific issue. In a five to four decision the Supreme Court held that Michigan’s lawsuit against the Bay Mills Indian Community to stop a tribal casino operating outside of Indian lands was barred by tribal sovereign immunity.

Its decision appears be limited to the specific facts involved in this case.  Tribes that rely on this decision to engage in off-reservation commercial activity now know that they may not be able to rely on the Bay Mills decision for broad immunity, especially if an aggrieved plaintiff has no other remedies available. 

The decision reinforces the loophole that states can sue tribes for illegal gaming activity on Indian land but they can’t sue them for the same activity on off-Indian lands. Whether and how this decision applies to principles of tribal sovereignty involving future off-reservation commercial activities remains open, and one area that the Court purposefully left open.  Indian Tribes throughout the country did not gain an outright win with the Court’s opinion.

Michigan remains able to deny a license for an off-reservation casino. If the tribe went ahead with the project anyway, Michigan still retains the right to sue tribal officials to stop the gaming activity and, if necessary, invoke its criminal laws.  In addition, any state can still seek a waiver to allow lawsuits for off-reservation gaming activity as part of their compact with a tribe regarding on-reservation gaming.

This decision does not speak to the unique Arizona v. Tohono O’odham situation. It’s effect upon current litigation is questionable at best. In other words, this decision does nothing to advance or deny either side’s position on the proposed casino in Glendale. It is still expected that Rep. Trent Franks’ bill, HB 1410, will be voted up or down in the US Senate this summer.

© 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.

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