Header image alt text

Joyce Clark Unfiltered

For "the rest of the story"

Apr 14

25

Another Glendale referendum on horizon?

Posted by Joyce Clark on April 25, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , , | 3 Comments

Lately I have been in a “take no prisoners mode.” Think of Peter Finch as Mr. Beale in the film, Network, when he screams, “I’m mad as hell and not going to take it anymore!” I am thoroughly disgusted with the lies and subterfuge offered on various Glendale issues masked in a guise of altruism and high-mindedness. Rather than advancing issues that serve the best interests of our community opinions and actions have degenerated into advocacy of personal agendas. Yes, I know “we all do it” and “it’s done all the time,” usually accompanied by an admonishment to be “realistic.” It’s time to call “a spade,” “a spade” and not the PC description of, “a hand-held implement with a sharp-edged, rectangular, metal blade and a long handle used to loosen or break up the upper strata of the earth.”

The Glendale Star is a perfect example. Newspapers once had the reputation of objectivity in their reportage. Like many other time honored values news objectivity has fallen by the wayside.  When it comes to the proposed Tohono O’odham casino the Glendale Star obviously supports it. It is no secret that its Editor, Carolyn Dryer, attended an Alvarez hosted pro-casino meeting as a like-minded individual. There were also TO representatives in attendance. Her editorial choices seem to clearly reflect her bias.

There is a referendum petition in circulation designed to put the recent council vote to reject US Representative Trent Franks’ HB 1410 on Glendale’s fall ballot. By the way, if HB 1410 successfully passes in the US Senate the TO’s proposed casino will die a righteous death. The defeat or passage of HB 1410 is more critical than the public realizes. Make no mistake. If HB 1410 passes there is sure to be more litigation.

The referendum effort is being led by Glendale resident Gary Hirsch, a former city council candidate. Mr. Hirsch’s position is well known as one of the Glendale citizen plaintiffs in a previous lawsuit against the Tohono O’odham’s (TO) proposed casino.

On April 24, 2014 the Glendale Star Editor Dryer published an opinion piece on the casino referendum issue written by Mike Kenny, its Web Editor. Here is the link: http://www.glendalestar.com/opinion/editorials/. Mr. Kenny’s opinion piece is a puff piece signifying “nothing.” I guess if one cannot speak to the issue the next best course of action is to denigrate it.  He refers to the referendum effort and characterizes it as achieving “nothing.” He goes on to say, “Oh, and it’s (council vote) a non-stance that likely has zero implications. It’s highly doubtful our nation’s Senate – if this bill is ever heard – will take into account the opinion of a city that can barely decide what its opinion is.” Really? If that were the case why did Councilmember Alvarez and her minions work so hard to bring it to a council vote? They believe that rejection of HB 1410 by the city in which the proposed casino would be sited would indeed send a strong signal.

What about other personal agendas on this issue? Those councilmembers who hold a pro-casino position appear to have done so for purely personal reasons not because they believe it is in the best interest of Glendale (although they will proclaim so loudly and often). Councilmember Alvarez seems to be in “pay-back” mode. It’s her way of sticking it to councilmembers who she perceives as having “disrespected” her when she first came on board. It’s purely personal and the TO have taken advantage of her vindictiveness. Councilmember Chavira owes Alvarez and the TO big time for their support and endorsement of his candidacy. It appears that their bill has come due and he is making good on his debt. Councilmember Hugh’s pro-casino stance is in contradiction to his usual fiscal conservatism. It’s been heard his wife is driving his pro-casino stance. Water cooler opinion has it that Councilmember Sherwood who ran as an anti-casino council candidate lusts to become Glendale’s next mayor and is expecting substantial financial support from the TO in his run for that office.

So much for decision making in the best interests of already beleaguered city. After all, it’s just politics. Isn’t it time for Glendale residents to say, “They’re mad as hell, and not going to take it anymore?”

© 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.

Apr 14

24

The Tohono O’odham proposed casino and jobs…Myth vs. Reality

Posted by Joyce Clark on April 24, 2014
Posted in Casino • City issue and actions • City of Glendale • Glendale finances  | Tagged With: , , , , , | 2 Comments

On April 24,2014 there is a report that petition signatures are being collected calling for a referendum on the city council’s vote to repudiate US House of Representatives Trent Franks’ bill, HB 1410. If passed it would create law that would stop the Tohono O’odham’s effort to build its proposed casino. I support this effort. As the crow flies, I live a scant mile from the proposed casino site. Neighborhoods that will be directly affected by the impact do not want the casino. In my informal poll 50% of the respondents do not support negotiating with the Tohono O’odham and 50% of the respondents do. I believe this is the most divisive issue in Glendale’s history.

Our national and local economies are still abysmal. Unemployment is still way, way too high. Every politician worth his or her salt is running on a platform of job creation. Is it any wonder that the Tohono O’odham (TO) inordinately exaggerate and emphasize job creation associated with the proposed casino as a major means of garnering public support for its plan? Of course not but they do so in a rather Pinocchio-esque form. Remember the job creation numbers come from a Tribe that kept its land purchase secret for 7 years. That alone should make people think twice about their assurances of job creation. It’s time to take a realistic look at the TO promised job creation numbers.

Of course the proposed casino will create jobs both temporary and permanent. The disagreement occurs over TO touted numbers versus reality. The TO has consistently claimed the creation of 6,000 construction jobs and another 3,000 permanent jobs. Their numbers are highly inflated and that is understandable given their history of truth telling and their zealousness to build this casino at all costs.

Let’s look at some other Tribal casino projects. In Lansing, Michigan the Sault Tribe of Chippewa Indians is constructing a $245 million, 125,000 square foot casino. The tribe says the number of construction jobs is a little over 700 with 1,500 permanent jobs. That is reality, not myth.

In California the Graton Rancheria Tribe is constructing an $800 million entertainment and gaming destination. It has created 750 construction jobs and expects 2,000 permanent jobs. That is reality, not myth.

It’s time for the TO to explain exactly how they arrived at a figure of 6,000 construction jobs and 3,000 permanent jobs. How many jobs in what industries? What methodology did they use to arrive at those numbers? If they used a research study that they commissioned then the numbers can be considered highly suspect. It’s too bad that someone like Elliot Pollack hasn’t done independent research on jobs gained versus jobs lost.

As for permanent jobs a more realistic assumption is in the 1,500 to 2,000 range. Of course, we all know because the TO has made it abundantly clear that 25% of those jobs must go to Native Americans.  There is absolutely no way to determine how many jobs will go to Glendale residents. It is reasonable to assume that many jobs will go to residents from the surrounding Metro area. While that’s a great prospect for other cities, it’s not so good for Glendale who will bear the brunt of costs associated with a casino in the town while losing out on the benefits of the “multiplier effect.”

The great majority of jobs at casinos can regularly be found on the Forbes list of worst paying jobs in America – including that of ‘gaming dealer.’ According to the 2007 National Compensation Survey compiled by the US Dept of Labor’s Division of Labor Statistics the median hourly wage for gaming service employees is estimated at $6.34 per hour with annual median earnings of $13,179. That is $2,000 above the 2014 Federal poverty level.

The unions are fully on board and have been one of the most public advocates for the proposed TO casino as visions of union construction jobs dance in their heads. Wait…Arizona is a right-to-work state. If the unions have a behind-closed-doors, back-slapping “understanding” with the TO about using union labor exclusively they better get it in writing. They might want to get the TO to waive sovereign immunity with regard to any contracts and possible breaches. They should never forget the lesson of the TO’s secret land purchase. They also need to look at what happened to union labor used on the Graton Rancheria Tribe’s casino construction. Initially union labor was used but was quickly replaced with out-of-state construction workers, largely non-union. Sometimes it pays to be careful what you wish for as the California unions on the Graton Rancheria project painfully learned.

The proposed TO casino will create temporary construction jobs and permanent jobs, as will other industries which do not require reservation or sovereign status and can develop according to Glendale’s existent General Plan for that area while generating new construction and sales tax. With the exception of the cluster services associated with gambling, studies consistently reveal that new businesses tend not to locate in areas allowing legalized gambling and pre-existing businesses will face added pressures that push them toward illiquidity and even bankruptcy. The proposed casino will act as a disincentive to other businesses that would otherwise locate in western Glendale resulting in the loss of future, good-paying jobs.

The benefits of economic development is overstated by the TO and its proponents who never account for jobs lost from businesses that fail or choose not to locate in west Glendale due to the all-encompassing predatory nature of casino capitalism.

That’s reality.

© 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.

Apr 14

5

The casino, again…

Posted by Joyce Clark on April 5, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , , | 2 Comments

Recently the Arizona Republic started a new item, West Valley Sound Off. They are contacting West Valley elected to get their positions on issues of the day. Their first foray question was, “Do you support the development of this proposed casino? Why or why not?” Those from Avondale, Buckeye, Goodyear, El Mirage, Litchfield Park, Peoria, Surprise, Tolleson and Youngtown declined to answer. Not so with our brave, intrepid leaders in Glendale. Three of them did respond.

Councilmember Manny Martinez has consistently opposed the casino since it was first proposed in 2009. He gets it. He said, “I do not support the proposed Tohono O’odham reservation and casino. I am very concerned for Westgate’s well-being if the casino is opened. How do casinos attract customers? Cheap booze, cheap food, and the cost of rooms are minimal. At Westgate, we have hotels and restaurants that pay taxes and help us pay off our debts. If the reservation and casino come in, as a sovereign nation, they would pay no federal, state, county or city taxes. Governor William R. Rhodes of the Gila River Indian Community said, ‘We believe the Tohono O’odham Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, Glendale and every Arizonan.”

Then we have words, signifying nothing, from Councilmember Chavira. He doesn’t get it and he is not representing the majority sentiment of the residents of West Glendale and the Yucca district, who will feel the direct impacts of the proposed casino. He mimics the same, old, tired rhetoric that the Tohono O’odham have used ad nausea, “Yes, I do support the development of the proposed West Valley casino and resort. The benefits of the development will be significant not only for Glendale, but for the entire West Valley. Positive economic impacts such as job creation and an additional tourist attraction in our sports and entertainment district are among the benefits.” I’m sure he knows, uhmmm, well, perhaps he knows…that 25% of the jobs must be filled with Native Americans.

Lastly, Councilmember Sherwood responded. This is a guy who, less than two years ago, ran on a platform of opposition to the casino. Now, not so much. He did a flip-flop at a very recent council meeting voting with Councilmembers Hugh, Alvarez and Chavira to reject U.S. Representative Franks’ HB 1410 and to begin negotiations with the Tohono O’odham (TO). Many suspect his affirmative vote was pay back to Chavira for Chavira’s vote in support of the arena management deal. “Neither – I will support the project if the Tohono O’odham Nation can be treated as close to a private entity as possible and having some form of revenue stream into the city’s general fund. Additionally, infrastructure including any street improvements, public-safety agreements, et al. would have to be included and enforceable in federal courts. Thus far, in fact-finding sessions, the Nation appears to be very amenable to this. Businesses such as Westgate, Renaissance Hotel, Coyotes and Tanger Outlets, to name a few, are also in support of proposed project. The sports and entertainment district could very well capitalize on a project of this size if it meets the city’s criteria.” He appears to be back-pedaling as he straddles a very narrow  fence, by adding his list of caveats. His declaration that,” Westgate, Renaissance Hotel, Coyotes and Tanger Outlets…are also in support” is downright laughable. There has never been a declaration of public support for the proposed casino from these entities. Have you seen it? I haven’t. Remember when the possibility of losing the Coyotes as an anchor tenant at the arena loomed? Bar and restaurant owners were beside themselves and declared without 40 nights of hockey games they couldn’t make it. They are not going to support a casino that will draw customers away from them knowing that potential consumers will spend disposable income on gambling, subsidized meals and booze and cheap room rates. If they are so willing to commit financial suicide, let’s see them do it publicly. Not one representative of these entities went to the last council meeting when TO negotiations was on the agenda and expressed public support of the project. Sherwood had no public letters of support from these entities that he could read into the record that evening. It’s time for Sherwood to cease making declarations that may not be accurate. Just because he said it, doesn’t make it true.

© 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.

Mar 14

26

Billboards 0, casino 1…

Posted by Joyce Clark on March 26, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale zoning issues • Glendale's Fire Union  | Tagged With: , , , , , , , , , , , | 6 Comments

The Glendale City Council meeting of March 25, 2014 was reminiscent of many meetings I attended. It was one of those marathon sessions, lasting well over 4 hours, attracting many public speakers. The council approved a contingency fund transfer of over $6 million for the arena management fee and accepted staff’s recommendation that retirees will now pay the full liability for their medical insurance. Curiously current city personnel will remain heavily subsided by the city (read, you, the taxpayer).

However, the two big issues were billboards along the Loop 101 and Bell Road and the resolution to officially rescind city support for U.S. Representative Trent Franks’ legislation, HR 1410.

One could see a sea of yellow t-shirts in support of allowing billboards adjacent to the Loop 101 and Bell Road. Jordan Rose of the Rose Law Group delivered a strong, and very, very long presentation on behalf of Becker Boards. Yet speakers against the proposal outnumbered those supporting 2 to 1. It was assumed by many that it was a done deal and would win approval. After all, Councilmember Sherwood had publicly announced that he had the four votes needed for its passage. Can you say, “blind-sided?” The ultimate vote was 5 to 2 against. Only Councilmembers Sherwood and Alvarez voted in favor of Becker Billboards.

Sherwood’s advocacy for the billboards may be more easily understood as one of the speakers questioned his support in terms of the campaign contributions he had received from the stakeholders. A quick pass of his campaign finance reports reveals at least $1,960 received from members of the Rose Law Group and another $1,720 received from members of the Becker family. Approximately 1/5 of his total campaign contributions came from these two entities.  

As a side note, seeing the large campaign contributions from fire unions, fire PACs and union firefighters in Sherwood’s campaign filings has piqued my interest. Look for a future blog that details how much money these fire union entities poured into Glendale’s last election cycle in 2012 and to whom. I suspect it will surprise us all except for the fire unions who probably know to the penny.

Councilmember Alvarez, on the other hand, cast a spite vote in favor of the billboards. After all, if her district must suffer their blight, why shouldn’t North Glendale suffer too?

The other hot issue was a vote by a majority of council to reject Representative Trent Franks legislation (HB 1410) to prohibit casino construction in the Phoenix Metro area after August of 2013. Council’s vote on this issue was much closer this time, 4 to 3, with Councilmembers Alvarez, Hugh, Chavira and Sherwood (perhaps as payback to Chavira) voting in the affirmative. The result of this congressional bill would be to stop the Tohono O’odham in their tracks. You can be sure it will result in another court battle. In the meantime court decisions are not yet settled in the 9th Circuit Court and in the Supreme Court.

Plain and simple, the Glendale City Council should not have done this. It is a slap in the face of a supportive bipartisan congressional coalition made up of the likes of Franks (R), McCain (R), Pastor (D) and others—virtually the entire Arizona Congressional delegation is in support of Franks’ legislation. The State of Arizona has a law on the books—the voter approved Gaming Compact of 2002. Since when can a city council pick and choose which laws it will uphold? It is a premature action that can result in futility should the court cases be resolved against the Tohono O’odham or Franks’ bill become law.

Mayor Weiers read a letter from Representative Franks expressing his disappointment with this council’s action and his pledge to continue to move this legislation forward. The Mayor also expressed concern that should the Tohono O’odham prevail the State Legislature will move to allow gambling state-wide, no holds barred. Many neighborhoods, state-wide, not just in the Phoenix Metro area, may become victims of new casino construction, not just by state tribes but by gaming interests throughout the country.

I, the former Yucca district councilmember, along with many, many Glendale residents, especially in the district affected, the Yucca district, urge the Gila River Indian Community and the Salt River-Pima-Maricopa Indian Communities to stay the course. Continue to fight this deception perpetrated by the Tohono O’odham on you, its sister tribes.

I urge Representative Franks to also stay the course. The 4 current councilmembers who voted to pass this resolution do not represent the majority — Glendale residents opposed to this intrusion. They are misguided–swayed by the promises made to them by the Tohono O’odham. Yet how can we trust a tribe that used deception to buy the land and keep it a secret for 7 years? How can other tribes trust the tribe that used deception and secretly was planning to build a casino while advocating for a state compact that promised no new casinos in the Phoenix Metro area? Anyone who relies upon the Tohono O’odham’s word after having seen their deceptions is a fool. It looks like we’ve got at least 4 fools on the Glendale City Council. Sigh…

© 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.

Mar 14

19

Councilmember Gary Sherwood can’t have it both ways on the casino

Posted by Joyce Clark on March 19, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues  | Tagged With: , , , , , , , , , , , , | 1 Comment

March 18, 2014 was a “two-fer” in terms of council workshops. The morning session focused on the budget: General Fund budget balancing; Employee medical benefits; and fire staffing. The afternoon city council workshop also had 3 items of discussion: the Becker billboard request; a possible archery range at Heroes Park at 83rd and Bethany; and the Tohono O’odham casino.

I am going to discuss only one of those items here and now – the proposed Tohono O’odham (TO) casino. All of the other items will be covered in a subsequent blog.

In a prior meeting Vice Mayor Knaack requested an assessment of the impact of the proposed casino on the city and during the day’s discussion reminded staff of her original request that: staff (City Attorney Michael Bailey) bring back an assessment of the impact (fiscal and otherwise) of this proposed casino on Glendale; and that staff meet not only with the TO but with the tribes in opposition to the casino. Was Bailey too busy with his tablet and smart phone to pay attention because he fulfilled none of Vice Mayor Knaack’s request? He simply regurgitated former City Attorney Craig Tindall’s well-researched legal opinion on the matter. His actions could be construed as those of someone who is lazy and ill informed. He did not provide this council with Knaack’s original request: that of an assessment of the impact on the city.

Somehow or other the council discussion, at Councilmember Alvarez’ instigation (in person no less), moved to negotiating directly with the TO and opposing Franks’ bill. Chavira and Hugh immediately expressed their support. Mayor Weiers and Councilmembers Martinez and Knaack voiced their dissent. None of this was a vote, as council does not vote at workshop, but gives direction to staff through a majority support to move forward to investigate, plan and bring back information to be voted on in a council meeting.

Four councilmembers (a majority) gave direction to initiate negotiations with the TO and to express the city’s opposition to Congressional Representative Trent Franks’ bill, HR 1410. To what end no one knows because there are still lawsuits to be settled that will determine the proposed casino’s fate.

Councilmember Martinez, in opposition, quoted from a very eloquent article written by former Governor Rhodes of the Gila River Indian Community in the Arizona Republic on October 20, 2010.. The former Governor said, “There’s no literal translation in English that does justice to the tribal word, ‘himdag.’ As Governor of the Gila River Indian Community, himdag guides my every decision, my every action. Himdag, as passed down by our elders across hundreds of years, teaches us to respect for all things, including the value of a promise, abiding by the law and concern for the welfare of others.

Respect as a guiding principle feels old-fashioned in the 21st century, but it exists all the same – even when our community is compelled to sign its name to a lawsuit against the United States Department of the Interior.

You may have read about that lawsuit filed Spt. 16. You may have also read about Glendale’s lawsuit to stop the casino, filed this week. Out of respect, I believe that I must explain the reasons why my community to pointedly disagrees with Washington and with a southern Arizona sister tribe’s plan to build a casino on land they secretly bought in Glendale, 160 miles from their reservation headquarters.

My explanation can be summed up in a single sentence. We believe the TO Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, Glendale and every Arizonan.

At the crux of our lawsuit is clear evidence that the proper procedure for creating an Indian casino has been sidestepped. I’ll leave the legal wrangling to the lawyers, bit in the 21 months since our sister tribe surprised us with plans to build a casino on our aboriginal lands, our community has learned more than we would care to about legal loopholes, PR spin and shading the truth. The surprises have continues to come, and so have the disappointments especially where our sister tribe is concerned.

In the past, my community and the TO Nation have lived side by side and mutually benefited from our entwined cultures and interests. There’s no better example than the Indian gaming compacts ratified by Arizona voters in 2002. Proposition 202, supported by 17 tribes statewide, including the Gila River and TO communities, created a sound but delicate balance, a promise, that kept casinos out of urban neighborhoods, gave much needed revenue to the state and created an economic engine to lift every tribal community.

To see that balance upset and that promise broken – and to see one tribe use secrecy and legal maneuvering to benefit at the expense of every other tribe and our state – is difficult to comprehend, let alone stand for in silence.

Thus the Gila River Indian Community has taken our case to federal court. Our first goal is to force the federal government to apply federal gaming laws evenly. Never before has a tribe been allowed to “shop” for reservation land half a state away from its homeland, then open a casino on the newly created “pocket reservation.” That not only flies in the face of federal gaming law, but in the face of every Arizona’s vote for Proposition 202.

As for our sister tribe, I know our disagreement is temporary. Himdag has a place of supreme importance in their culture, too. I would like to believe that their leadership will rediscover their way soon enough. I believe we can achieve more together than apart and that greed should never be allowed to trump respect for all things.”

The deciding supporter of Alvarez’ plea was Councilmember Gary Sherwood. Mr. Sherwood can not have it both ways despite the rambling, confusing and often contradictory reasons for his decision. On one hand he says he still supports City Council Resolution 4246 that stated that the city is officially opposed to the TO casino.  It’s important to quote part of that resolution, “Whereas, the City believes that the Tohono O’odham Nation’s assertions and the basis upon which it makes these assertions are incorrect, poor public policy, in violation of the governmental rights, privileges, and authority of the State of Arizona, the County of Maricopa, and the City of Glendale, and are contrary to the best interests of the Citizens of the State of Arizona, the County of Maricopa, and the city of Glendale; and Whereas, the City of Glendale, consistent with the Indian tribes voicing opposition to the Tohono O’odham Nation’s application, opposes off-reservation gaming, including this current effort by the Tohono O’odham Nation to establish gaming on the Proposed Reservation Land, as contrary to the terms of Proposition 202 as presented to the people of the State of Arizona in 2002 and supported by, among other, the Tohono O’odham Nation.” Here is the link to Bailey’s (really Tindall’s legal opinion): http://www.glendaleaz.com/Clerk/agendasandminutes/Workshops/Agendas/031814-W03.pdf .

On the other hand, Sherwood then launched into a monologue stating, in essence, the TO casino will create “synergy” with Westgate and drive more business there. In a pig’s eye and he knows it. Subsidized food, drink and room rates at the TO proposed casino will undercut every restaurant, bar and hotel in the Westgate area. Despite his statement that he still supports opposition to the proposed casino and it will be “contrary to the best interest of the City of Glendale and of the citizens of the State of Arizona” he then supported moving forward with negotiations with the TO and opposition to Franks’ bill.  On one hand he says he opposes the casino because it earns not a penny of revenue for Glendale yet on the other, he is prepared to negotiate and facilitate their eventual presence.  His position is illogical yet he became the fourth councilmember needed to achieve consensus and direction.

Why? Sometimes things become clearer with perspective. Think back to the arena deal vote. Sherwood knew Weiers, Hugh and Alvarez were opposed to the arena deal and Martinez and Knaack already supported him and the deal. The vote was split, 3 to 3. He discovered those 5 members could not be dissuaded. Whether one agreed with or opposed their positions they had the principles of their conviction and could not be moved. He desperately needed that 4th vote of approval for the arena deal.

Who was left? Newly elected Sam Chavira — of course. Whispers of this scenario have circulated for months. If Chavira voted for the arena deal, in return Sherwood would support the casino. Is it true? I don’t know but it makes perfect sense and certainly seems to fit the known facts. Did each sell their souls? For what? Political back scratching? To be recognized in public hockey town halls as the saviors of the Coyotes? Reelection financial support from hockey and TO stakeholders with deep pockets?

But at whose expense? The citizens of Glendale locked into unsustainable arena debt of an estimated $27 million a year with a council unwilling to make the budget cuts that make the arena deal feasible? The Westgate area business owners who will suffer from unfair competition? The residents of West Glendale whose property values will decline with the advent of a casino while crime and traffic increases? The Westgate business owners who will suffer from unfair competition?  The Indian tribes who joined the State Compact in good faith? The voters of the State of Arizona presented with a plan to limit casino locations?

These politicians were just that –typical politicians, exemplifying the worst of the offices they hold. Sherwood delivered an irresponsible and dangerous signal to casino friends and foes alike. His flip flop on one of his campaign promises should be remembered when he runs for reelection. Given this, expect him flip flop again and to support the hated billboards proposed for North Glendale.  After all, he confessed that all of the fuss over the billboards was “baffling” to him and he was “pro-business.” There is no statesmanship here.

© 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.

Nov 13

27

Representative Franks’ casino bill is short and sweet

Posted by Joyce Clark on November 27, 2013
Posted in Casino • City issue and actions  | Tagged With: , , , , , | No Comments yet, please leave one

What exactly is in Representative Trent Franks’ bill, H.R. 1410? In the world of Congress it is short and sweet. Here is a link to the text of the bill: http://www.keepingthepromiseaz.com/.

H.R. 1410 specifically cites the 2002 voter approved state Gaming Compact which expires in 2027.The bill states that there was a promise to Arizona voters that there would be no new casinos in the state, especially within the Phoenix metropolitan area, other than those specifically granted within the Compact. It requires that there be no new casinos in Maricopa and Pima Counties. This stipulation covers the period from April 9, 2013 to January 1, 2027. That’s it. Nothing more. Nothing less.

This bill enjoys bipartisan support not only among the Arizona delegation but in Congress as well. It has passed the House of Representatives and has moved to the Senate. Its fate is unknown. It will be voted up or down or ignored in this session. If no action occurs it dies and will have to be reintroduced in the next session of Congress. If the midterm elections prove to be wildly successful for the Republicans there is a good chance for its successful passage.

The Tohono O’odham (TO) and their supporters are positively hyperventilating over this bill. If passed the TO simply cannot build in Glendale – certainly not until 2027 when the Gaming Compact is up for renewal by voters.

What many fail to realize is that the proposed casino is not in the hands of Glendale. We all await a decision from the U.S. 9th Circuit Court followed by a final clarifying decision by the U.S. Department of the Interior. Then there is the Supreme Court decision on the case of Michigan vs. Bay City on the issue of Tribal sovereign immunity. Don’t for a second believe that these decisions won’t be appealed – for they will. We are still years away from a final outcome.

Why all the posturing by the TO and their supporters right now? Could it be because the Gila River Indian Community and their sister tribes have ramped up their profile of late by advertising on TV and underwriting a letter of support by Mayor Weiers? They must be chagrinned to see the Gila River Indian Community award a grant to Glendale that is 10 times larger than the $40,000+ they awarded a month ago.

The drama will continue with both sides posturing and vying for the hearts and minds of Glendale residents. Yet the ultimate decision rests elsewhere.

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.

Nov 13

27

Who is keeping the promise to Glendale’s citizens?

Posted by Joyce Clark on November 27, 2013
Posted in Casino • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , , , | 17 Comments

The City Council meeting of November 26, 2013 had a raucous start, much like council meetings of old. The notion of putting citizen comments at the start of every meeting may come back to bite this council as they experienced their first hour long marathon of citizen commentary. I am not including the public commentary on the night of the Coyotes’ vote as that was to be expected. No, this time it was the opening salvo of a regular, assumed-to-be ho hum council meeting. It was anything but not just because of citizen commentary but because of all of the very serious issues that were up for a vote (more about those issues over the course of the next few blogs).

A majority of council did not comment about citizen commentary at the start of every meeting. Councilmember Sherwood did and made clear that he does not like it. It’s almost as if he considers citizen comments to be irrelevant and just an irritation that prevents him from performing what he considers to be the real business of council. His sentiment was arrogant to say the least. Then Councilmember Alvarez, who is wedded to citizen comments first, just had to rebut Sherwood’s remarks by saying, “When we were elected we were (sic) committed to be here.” How ironic as this is the councilmember who holds the record for her non-attendance at scads of meetings. She even has had the temerity when calling in to council meetings to hang up before the meeting’s conclusion and thus missed those all important citizen comments.

It looks like the Keeping the Promise anti casino group has seared the nerves of the casino supporters with their running of a TV ad and underwriting the costs of an anti casino letter penned by Mayor Weiers. They had their usual suspects…er, supporters out in force to speak on the TO’s behalf before the council. The usual mouthpieces have decided to become visible once again…Ken Jones and Arthur Thruston to name but two. Due to their advanced age they needed time to rest and recharge before becoming public gadflies again. Can you believe that Ken Jones was advocating for yet another public vote? This time his target is the casino. You’d think he would have learned that one needs to be careful what one wishes for. His last effort fizzled out like water dousing a fire. He also opined that the people of Glendale do not need Keeping the Promise running our city and buying city officials. Oh really? Guess he figures it’s okay when the Tohono O’odham appear as if they are buying city officials like Alvarez. He never took the time to complain about Alvarez and her antics with the Tohono O’odham.

Thruston, bless his heart, simply relies on picking and choosing his facts. Those that he doesn’t like, he ignores. He trots down to the podium with a handful of newspaper clippings and pontificates on issues culled from the newspapers (and of course, their, ahem, totally unbiased reportage). He fancies himself as a raconteur in the vein of a modern day Will Rodgers who once said, “you know everybody is ignorant, only on different subjects.”                       

What engendered all of the citizen commentary was Item 12 of the Consent Resolution agenda accepting a grant of over $400,000 from the Gila River Tribe for the purchase of a fire truck. Yet, there was no comment from the citizens when council voted to accept a Tohono O’odham grant of $40,000+ to fund the Glendale Youth Project on October 22, 2013 – a scant month ago. In fact, Alvarez voted to accept that grant voicing praise and voted to reject tonight’s grant. Could her bias be showing? What’s changed? The acceptance of a grant from an anti casino Tribe. That’s the only difference. What was even more astounding were the citizen accusations that Mayor Weiers and Councilmember Martinez are shilling for the casino opposition.  When Councilmember Alvarez engages in the same activity it’s not considered shilling. Strange, isn’t it? There’s an old saying, “People who live in glass houses shouldn’t throw stones.” Alvarez would be well served to rein in her troops or she may find her glass two story home (second story improvement not recorded nor additional property tax paid) shattered in all of the cross fire. It’s merely an observation.

Another action of note is Councilmember Sherwood’s reversal of position on the casino. When he ran last year he was opposed to the casino. He even met and collaborated with now Mayor Weiers, I and candidate Gary Hirsch, all of whom shared the same anti casino position. The anti casino Tribes even did an independent political mailing expressing their support for Sherwood because he ran on a platform of opposition to the casino. Now, inexplicitly or perhaps not so inexplicitly, he has reversed his stance. He, along with Councilmembers Hugh and Chavira, wrote to the Department of the Interior saying don’t pay attention to Glendale’s opposition to a Tohono O’odham casino. Why has the champion of Westgate abandoned it? Remember all of his talk about the necessity of the Coyotes as an anchor for Westgate because the team would attract traffic to Westgate and keep it viable?  Does he really believe that the casino will help Westgate? Nah. Rumor has it that he was contacted by the pro casino forces right after his election and they may have assured him that if he moved to the dark side they would assist in bank rolling his next election. Was that just too good a deal for Sherwood to pass up? You decide.

So, who is keeping the promise to Glendale’s residents? The promise that a casino does not belong in Glendale, will cost our taxpayers for the supporting infrastructure and will destroy a pledge made by all of the tribes (including the Tohono O’odham) when seeking voter support for the 2002 voter approved Gaming Compact. It’s no longer Sherwood. If he could change his position on this issue so readily, how can we believe what his stance is on other issues? It appears that his guiding principle has become one of pragmatism but what has happened to one’s word being one’s bond?

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.

Nov 13

22

So we wait

Posted by Joyce Clark on November 22, 2013
Posted in Casino  | Tagged With: , , , , , , , | 2 Comments

Caitlin McGlade of the Arizona Republic has a story on a Supreme Court case that may affect the Tohono O’odham’s prospects of building a casino in Glendale. Here is the link: http://www.azcentral.com//community/glendale/articles/20131118west-valley-casino-appeal-delayed-until-us-supreme-court-decision.html?source=nletter-

The state as well as other stakeholders such as the Tribes opposed to the TO Casino have asked the U.S. 9th Circuit Court of Appeals to wait until the Supreme Court renders a decision on tribal immunity. The Supreme Court schedule begins in October and they hear their last case arguments in April. In May they begin to announce decisions. It is assumed that the 9th Circuit Court will agree and wait until the results of the State of Michigan vs. the Bay Mills Indian Community are rendered.

The TO case has no common ground with the Michigan case but the decision that flows from the Michigan decision will definitively impact the issue of tribal sovereign immunity across the country. The Supreme Court decision may help the Valley tribes stop the TO’s plans but it’s a double-edged sword and will affect the concept of tribal sovereign immunity. How much is anyone’s guess — it could be a little or it could be a lot.  

Sovereign immunity is a complex issue and as with all rights can and has been used positively and negatively. It provides all Indian Tribes with the right to determine their long term destinies and protects them legally. It is a concept not often understood and many have  realized, too late, that they have no legal rights on reservation land.

Lately the local media has offered citizen comments on the issue of the casino. The common theme is that the Tribes opposing the casino are greedy and are attempting to thwart competition. It is a simplistic and false notion offered repeatedly to those who are not invested in the outcome but may have a voice in the ultimate decision. They conveniently ignore a major consequence – the destruction of the State Gaming Compact and its effects. There are people who get it and understand that if the delicate balance achieved by the Compact is destroyed the door is open to see the proliferation of casinos throughout the Phoenix Metro area. There are many other reasons to keep this casino out of Glendale but they have been offered by me and others ad nausea.

So, we wait.

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.

Nov 13

11

The casino mission: fact finding only

Posted by Joyce Clark on November 11, 2013
Posted in Casino • City issue and actions  | Tagged With: , , , , | 4 Comments

On November 9, 2013 I received the following letter from Glendale Mayor Jerry Weiers. The letter and the mailing were underwritten by Keeping the Promise: No Casinos in Neighborhoods. It is a coalition of Indian Tribes opposed to the proposed casino. You may have seen the TV ads this group is running. I’m glad to see that they have stepped up their efforts to educate the public about the negative impacts of a casino in Glendale.  Kudos to Mayor Weiers and Keeping the Promise for clarifying a majority of council’s latest directive. The public should know that Glendale has not capitulated and a majority of council has asked that the impacts of the proposed casino in Glendale be reviewed and that the results be made public.  This fact finding effort does not mean that Glendale supports the Tohono O’odham’s (TO) proposed casino. Over the past 10 months I have offered a great deal of information in refute of the TO’s claims about the positive impacts of a casino in Glendale. If you look through my blog archives you will find at least a dozen casino articles. In support of the Mayor’s and Keeping the Promise’s latest effort, I offer the entire letter for your information:

Dear Fellow Glendale Resident:

The City of Glendale means the world to me. It’s been home to my family for more than 14 years and I’m proud to serve you as your Mayor. I believe you elected me for one very simple reason: To do what’s right for our City. To me, doing what’s right for Glendale means acting without regard for politics or popularity and always keeping focused on our City’s economic well-being, the safety of our residents and the future of our children and families.

That’s why I oppose the off-reservation casino proposal put forward by the Tohono O’odham Nation.

The Nation’s proposal – to build a massive casino at 91st Avenue and Northern – is an issue I have been studying and dealing with since the Tribe unveiled its plan back in 2009. Then, I was in the Arizona Legislature, where I sponsored legislation meant to hold the Nation accountable to the gaming compacts approved by Arizona’s Tribes and voters back in 2002. Today, as your Mayor, I continue to receive input on this issue from neighbors and stakeholders that gives me pause about the impact of this Casino on our City.

What concerns me?

I fear that Tohono O’odham Nation’s revenue and job projection, which have been exposed as wildly optimistic by a number of analyses, will fall far short of reality, creating an unsuccessful “while elephant” that siphons off police, fire and other resources from a City that is already struggling to meet our public safety and infrastructure needs.

Just as importantly, I worry about the impact of the Casino and its accompanying resort and restaurants on the surrounding small businesses in  the area. Dollars spent on gambling or entertainment on the newly christened reservation generate no tax revenue for Glendale – and will inevitably come at the expense of Glendale businesses that have worked hard to make a go of it during a fierce economic downturn.

My other concern has to do with the Tribe itself – an entity that bought its land in secret and did nothing to inform or partner with the City on the Casino until after it was unveiled. In the years since, the Tribe has fought Glendale at every turn, costing our City more than $3 million in legal fees and thousands of man-hours as we have sought to protect our residents and businesses from the encroachment of a Casino located near schools, day care facilities, churches and homes.

Recently, you may have heard that the City Council has agreed to open a dialogue with the Nation. Let me be clear on the aim of this exchange of information. It does not represent support of the Tribe’s project. Instead, it’s a fact-finding conversation, one meant to ascertain the potential benefits and harms that come with having a casino on sovereign land located in this City we all call home. I see this conversation as a positive, since it will bring to the table all concerned for a settling of the facts – which have been sorely lacking during the years of hype and hyperbole.

Rest assured, I will report back to you as the facts come out, to let you know the truth about this controversial project.

In your service,

Jerry Weiers

Mayor, City of Glendale

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.

Oct 13

31

Tohono O’odham like a bad penny

Posted by Joyce Clark on October 31, 2013
Posted in Casino • City Council Actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , | 3 Comments

A word of advice. When you get older, say 70 on up, avoid getting sick at all costs. Wear a mask or go into isolation to save yourself. I speak from experience. Two weeks ago I caught a cold. You know how it goes. You begin to feel better, almost human, and you resume your schedule with gusto. Then you learn your lesson as it comes back, ten times worse. That is exactly what happened last week. Mercifully I was saved from an untimely death by my doctor’s prescription of a really heavy duty antibiotic.

There’s been a lot of activity regarding the Tohono O’odham’s (TO) proposed casino during the week of October 23, 2013. Where to begin? At the council workshop meeting of October 15, 2013 an agenda item was discussion of starting a dialogue with the TO. In a previous blog I described various councilmembers’ positions on the issue. They did not go as far as opening exclusive dialogue with the TO. Rather council majority asked for an assessment from staff of the consequences to Glendale IF the casino were to be built. This assessment was to include gathering factual information from the TO. Good luck to them on that action. Historically the TO have never been very forthright about their plans. A majority of council gave this direction despite newly hired City Attorney Michael Bailey’s admonition to wait until two outstanding casino issues were resolved.

Then at the regular council meeting of October 22, 2013 council passed as part of its Consent Agenda (no discussion occurred and all items were passed in a single vote) Item 14, a resolution of support to accept a $45,000 grant from the TO for use by the Glendale Youth Project. The Glendale Youth Project is a worthy cause and it is not the issue. The issue is the acceptance of any TO grant. How can this council legally or morally accept money from a group that it has opposed and litigated against and continues, as city policy, to oppose? It boggles the mind. Council is repeatedly and short sightedly sending the wrong signal to our friends and supporters – the State Legislature, our Congressional Delegation and all of the Arizona Tribes opposed to machinations of the TO’s gambit to build a casino in the Phoenix Metropolitan area.

On October 26, 2013 the Glendale Republic ran two viewpoint submissions. The pro-casino faction consisted of Bob Barrett, Mayor of Peoria; Adolfo Gamez, Mayor of Tolleson; and Sharon Wolcott, Mayor of Surprise. I find it ironic that not one of these three communities will host or have to pay a dime for the development of the TO casino and continue to believe the TO hype that somehow this project will benefit their communities.  They embarrassingly trotted out their “East Valley Envy” for all to see. The anti-casino viewpoint was signed by Jim Lane, Mayor of Scottsdale; Mark Mitchell, Mayor of Tempe; Jerry Weiers, Mayor of Glendale; Thomas L. Schoaf, Mayor of Litchfield Park; and John Lewis, Mayor of Gilbert. They get it. They understand the broader picture and the ramifications to the entire Valley should the TO succeed. It’s too bad that some of the West Valley cities are greedily willing to chase a mythical pot of gold at the expense of Glendale.

In the October 27, 2013 edition of the AzEconomy Section of the Republic there is an article about Steve Ellman’s Phoenix-like rise from financial death. Ellman was the former owner of Westgate (until 2011) and co-owner of the Phoenix Coyotes (until 2006).  Here is the link: http://www.azcentral.com/business/news/articles/20131026ellman-glendale-coyotes-tribe-deal.html . Part of the story recounted Ellman’s efforts back in 2009 to obtain a $100M investment from the TO. The major city players at that time would have been Ed Beasley, Julie Frisoni, Craig Tindall and Art Lynch. I had heard about such a proposal – not in detail — years ago but dismissed it for a variety of reasons. It was disturbing then and is disturbing now to read it. Ellman was lobbying for a deal that certainly would have benefitted him but not necessarily the City of Glendale. $10M a year for 10 years would have been invested by the TO in the arena AND Westgate. How much would have gone to the arena? Not much. A token amount would have gone toward naming rights but the lion’s share would have been used by Ellman for Westgate. In return for this largesse (read bribe) Glendale would have been required to support the TO’s plan for the casino. The article quotes Ellman as saying, “the deal between the tribe and Glendale ‘would have allowed ME (caps mine) to stay in (sic) the team…and stay in Westgate’.” This unsavory deal was always about Ellman.

The TO continue to press their plan for a casino and we can count on more pressure until the Secretary of the Interior makes his final determination about reservation status and until Representative Trent Franks’ bill is settled one way or another.

If you would like more information about the impact of a casino in Glendale please visit this site: www.keepingthepromiseaz.com . The site recently added information about available county islands within other Valley cities that could become targets for a casino if the TO prevail and break the state compact.

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.

« Previous Page — Next Page »