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Joyce Clark Unfiltered

For "the rest of the story"

Aug 14

28

Chutzpah

Posted by Joyce Clark on August 28, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale zoning issues • Tohono O'odham  | Tagged With: , , , | 4 Comments

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

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

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

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

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

© Joyce Clark, 2014

FAIR USE NOTICE

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

Aug 14

14

So much for transparency

Posted by Joyce Clark on August 14, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale finances • Glendale zoning issues • Tohono O'odham  | Tagged With: , , , , , , | 15 Comments

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

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

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

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

Gaming portion:

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

Spa/Hotel portion:

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

Amenities/Services:

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

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

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

 

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

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

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

© Joyce Clark, 2014

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

13

Train Wreck

Posted by Joyce Clark on August 13, 2014
Posted in Arizona Coyotes • Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • Jobing.com arena • Tohono O'odham  | Tagged With: , , , , , , , , , | 14 Comments

20140812_193537The August 12, 2014 meeting of the Glendale City Council was like watching a train wreck in slow motion. You know the inevitable outcome; you know it will be extremely painful; but you are utterly powerless to stop it. All you can do is watch it unfold. This is the first council meeting I attended since leaving office over a year and a half ago. People have been telling me for months that the animosity among councilmembers was evident. I thought OK, there were times when our council meetings were not happy affairs. Little did I know that the atmosphere reeked of councilmember nastiness and disrespect. It was palpable fueled by the absolute arrogance of the council majority (Sherwood, Hugh, Alvarez and Chavira). The meeting was not unusual as council sped through proclamations and the consent agenda. The last two items were casino related. One was council approval of the draft agreement between the Tohono O’odham and Glendale. The other was the first official groveling of the city council with a resolution supporting the construction of the casino.  All hell broke loose. The draft agreement was introduced and recited by Michael Bailey, Glendale’s City Attorney. Mayor Weiers opened the public comment portion. There were 22 speakers to the item. 15 citizens spoke in opposition to the draft agreement and 7 spoke in favor of the draft agreement. The speakers’ comments in opposition to the proposed casino revolved around these general themes: casinos produce greater crime in the adjacent area; they create a greater rate of gambling addiction and subsequent bankruptcies and home foreclosures. The two major themes were comments about the rush to get this agreement done and the fact that it simply wasn’t a good deal for Glendale. There were some memorable comments to share (my apology if I butcher someone’s name). John Burnell of the Sahuaro district related that a family member, as a gambling addict, maxxed out credit cards and lied to keep it secret. The husband had to take two jobs and it took him over two years to get the family’s finances back on track. Barbara Roberts acknowledged the casino job creation but said, “Yes, we need jobs but what kind of jobs?” Timothy Green of Goodyear said, “Casinos only succeed on the backs of losers.” A rather profound statement. Ron Kolb, Ocotillo district said, “The West Side will never be the same.” Dr. Ron Rockwell, pastor of a Yucca district church very near the casino site, said, “You no longer care about the moral and spiritual culture of this community.” Randy Miller, candidate for the Barrel district council seat, called out Councilmember Alvarez and her continual homage about the importance of listening to the people…yeah, Norma, right. It seems to be a principle of hers only when convenient. Those speakers in support of the casino were arrogant and boastful. John Mendlelberg, former Mayor of Surprise, said, “You must concede.” Reverend Maupin of Phoenix, said, “You lost the war. You should be grateful for whatever you are getting.” He accused Councilmember Martinez of being a liar and a racist. Robert Quizneros of the Ocotillo district complained about the audacity of “the other side’s hiring of attorneys and lobbyists” to defeat the casino. A special “shout out” to Lauren Tolmachoff, candidate for the Cholla district council seat. It appears that she has become a one-trick pony as she reiterated her support for the casino in the name of jobs. Hey, Lauren, don’t you know about “job displacement?” Several pro-casino speakers kept referring to, “it’s their (TO) land.” Well, yes it is after a purchase kept secret for 7 years and its newly minted designation as a reservation. It’s all about a reservation WITHIN Glendale. I defy anyone to identify any city in the State of Arizona that has a reservation within its boundaries. Then it was time for the Councilmembers to speak prior to their vote. Alvarez’ remarks were priceless in their ignorance. She made memorable comments such as, “what’s the difference between a lottery ticket and a casino?” Or, “We have casinos in Scottsdale.” Or, “They (Tohono O’odham) are going to provide a service.” That one caused audible audience derision.  And lastly, “Make us responsible for what we’re doing.” Trust me, we will.   Councilmember Sherwood, self-proclaimed negotiator and leader, was strangely silent all evening except for his monologue prior to his affirmative vote. His comments deserve a special blog and its coming. Councilmember Martinez offered a series of amendments to the draft and that’s when all hell broke loose. Councilmembers Alvarez and Chavira, repeatedly and often, yelled out while Councilmember Martinez was trying to speak, “Call for the question!” Their obvious intent was to silence Councilmember Martinez’ efforts. What were they afraid of? They knew they had the votes to defeat any amendment. Chavira was literally in a rage because of Martinez’ efforts. He lept out of his seat and it looked as if he was about to confront Mayor Weiers physically. Wow, Sammy. Finally we see the true persona and your reaction when crossed and you don’t get your way. The lack of control he exhibited demonstrated that he is unfit to serve as a councilmember and cannot conduct himself in a manner required by the office he holds. Martinez offered 4 amendments: raising the TO payment to $20 million or 3% of the Class III net; offsite infrastructure costs to be paid by the TO up front; a waiver of sovereign immunity especially with regard to fraud and other bad acts; and payments to continue beyond 2026. Each was rejected. The vote was as everyone expected. The majority of 4 – Sherwood, Alvarez, Hugh and Chavira voting to approve the agreement and Weiers, Martinez and Knaack voting against. What was unexpected to the degree it manifested itself, was the vituperativeness and nastiness. At one point a citizen called Martinez a liar and a racist. Mayor Weiers should have stopped the speaker immediately and requested a police officer escort the person from the building. There is no doubt that Mayor Weiers lost control of the meeting during the first casino agenda item. His failure fueled the majority’s contempt and rage. Kudos go to Bonnie Steiger, a Glendale resident and faithful attendee at council meetings for 28 years. She is everyone’s Grandmother. She was so disgusted with council’s behavior that she said their lack of respect for the very office they hold merited the removal of all of them. Lastly, I offer two interesting items for your attention. One is the Coyotes publicly announced today that they had accepted a deal for arena naming rights. Are you ready for this? It will be called the Gila River Arena. Hooray for the Gila River. Although it may require Glendale approval, Glendale may only reject for very narrow reasons and the new naming rights do not fit the criteria. Can you say embarrassing, Glendale?? Or perhaps the majority of 4 will figure out a way to kill the deal. The second item is that just before 5 PM, yesterday, August 12, 2014 a group filed paperwork with the Glendale City Clerk’s office for a Political Action Committee for the purpose of recalling Councilmember Gary Sherwood. Things are heating up in Glendale. As I said at the beginning of this blog, this meeting was definitely a train wreck but the pain is yet to be borne by all of the people of Glendale. © Joyce Clark, 2014 FAIR USE NOTICE This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Aug 14

11

An open letter to Glendale Councilmember Ian Hugh

Posted by Joyce Clark on August 11, 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: , , , , | 3 Comments

August 11, 2014

Dear Councilmember Hugh,

I do not know you on a personal level for your service as a Glendale councilmember the first time was before mine and your service the second time was after mine. I do get a sense of you from your public actions and comments.

You have lived in Glendale all of your life. You own a business, Bridgestone Tires, in downtown Glendale. You married and raised a family in Glendale.  You love Glendale as evidenced by your many years of public service to our community. You are a fiscal conservative and have voiced concerns about Glendale’s financial status. You are a good and honorable man.

From your public statements you support the proposed Tohono O’odham casino. That is a separate issue that merits debate at another time. This agreement is not about whether one thinks the Tohono O’odham has the right to build.

This agreement is a business deal, pure and simple; you give me “X” and I’ll give you “Y.” This agreement is not a good business deal for Glendale. Please review the proposed Tohono O’odham/Glendale Agreement one more time. There are solid, reasonable reasons why the proposed agreement in its present form does not serve the best interests of Glendale. Here are just three of the many, major flaws:

  • It does not protect Luke Air Force Base. It does not allow Glendale the right to design review and the ability to insure that construction of any structure will not interfere with Luke’s mission.
  • The payment to Glendale is too low. By now you have seen what other cities across the country have been able to achieve in terms of revenue sharing. Some tribes share as much as 25% of their revenue.
  • The sovereign immunity waiver offered is restrictive. Glendale must be able to fully and freely access its ability to enforce the provisions in any court and any jurisdiction.

Please put aside your support of the Tohono O’odham and examine this agreement strictly in terms of Glendale’s best interests. I am asking you to make a motion to table this agreement, return to the negotiating table and craft an agreement that reflects the imperative…to create the best deal possible for Glendale. If a motion to table is rejected, I ask that you vote “No” and reject this flawed agreement.

The tabling or rejection of this proposed agreement gives voice to your love for and to your commitment to Glendale.  It will show that you listen to and value the input you receive from the community. There is no reason to rush this through.  As a Glendale City Councilmember it is your responsibility to create policy that serves our entire community. Please show everyone that you take that responsibility very seriously.

Thank you for your service to Glendale. It is recognized and very much appreciated. In times such as these, you have a very difficult job and I doubt the public understands exactly how difficult. Thank you for your consideration of my remarks and request.

Sincerely,

Joyce Clark

© 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

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.

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

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

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

Jul 14

11

Zanjero Falls

Posted by Joyce Clark on July 11, 2014
Posted in City issue and actions • City of Glendale • Glendale zoning issues • Westgate  | Tagged With: , , | 4 Comments

This is a good story about Glendale. In the Arizona Republic of July 11, 2004 it reports that Zanero Falls has been purchased. Many readers will not be familiar with this property. It is located just northeast of Cabela’s and slightly east of the Marriot hotels on the north side of Glendale Avenue.

zanero

Zanjero Falls Corporate Center 2008

It was completed in 2008 for $45 million just before the national economy tanked. It is a 150,000 square foot signature office complex for the West Valley and especially Glendale. It reminds one a great deal of the architecture one would see in southern California around the Newport Beach area with its Spanish colonial architecture. It is a beautiful complex.

It was recently purchased for $9.1 million (a great buy!) by Select Healthcare Solutions LLC, Phoenix Cyberknife and Radiation Oncology Center LLC. The plan is to turn the complex into medical offices. Medical service for west Glendale residents and the surrounding area are long overdue. There is a tremendous pent up demand for such services. It doesn’t hurt that the complex is close to the new Dignity Health St. Joseph’s Westgate Medical Center on 99th and Glendale Avenues. The buyer is investing $6 million in the property and plans to open a cancer center in part of the complex by January of 2015.

Congratulations to all of the principals involved in making this deal happen.  It’s a great development for Glendale but more importantly for west Glendale residents and residents of nearby communities.

© 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

10

Pawn shops…enough already

Posted by Joyce Clark on June 10, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale zoning issues  | Tagged With: , , | No Comments yet, please leave one

Tonight, June 10, 2014 at 6 PM in Glendale City Hall Council Chambers the city council will hear an appeal for a Conditional Use Permit by USA Pawn at the southeast corner of 67th Avenue and Bethany Home Road.

I urge the city council to DENY the siting of yet another pawn shop in south Glendale.

When a governmental agency allows the concentration of this type of use in one area of its city it is applying “negative zoning.” Negative Zoning is the permitting of property uses that affect property values and quality of life of adjacent neighborhoods.

Whether you live in the adjacent area or not, I encourage residents of Glendale to attend the council meeting tonight and to speak to the council during the public hearing on this item. Please let them know that yet another pawn shop within spitting distance of nearly a half dozen other pawn shops in south Glendale is not something our community wants or needs.

Tuesday, July 10     6 PM City Council meeting

Glendale City Council Chambers

5850 W. Glendale Avenue

One of my blog readers sent me the following article about Craig McCall, owner of USA Pawn. I thought it worthy of posting. It relates Mr. McCall’s activites within the pawn shop industry:

 Craig McCall of USA Pawn is a Las Vegas Pawnbroker who came into Arizona after selling his Las Vegas pawnshops to EZCorp in 2008 for 34.5 Million Dollars.  Please see the article below:

EZCORP Acquires Eleven Nevada Pawnshops

PRNewswire-FirstCall

AUSTIN, Texas Sep 5, 2008

EZCORP, Inc. (NASDAQ: EZPW) announced today that it has entered into a definitive agreement to acquire the assets of eleven pawnshops located in Las Vegas and Henderson, Nevada that operate under the Pawn Plus and ASAP Pawn brands. EZCORP will acquire approximately $6.6 million of pawn loans, $2.2 million of inventory, $1.2 million of auto title loans and all other operating assets at the eleven locations for a total purchase price of $34.5 million. Half of the purchase price will be paid with the issuance of EZCORP’s Class A Non-voting Common Stock and half in cash. The acquisition is expected to close by early November. EZCORP’s President and Chief Executive Officer, Joe Rotunda, stated, “We believe this is an excellent acquisition in a very good pawn market and will complement our existing four Las Vegas locations. These stores have an average pawn portfolio of roughly $600,000 per store, almost three times our chain average, and on a proforma basis, generated approximately $5.5 million of EBITDA during the last twelve months.

In our fiscal 2009, we expect these stores to contribute five to six cents in earnings per share.” Rotunda continued, “In conjunction with this acquisition, we are pleased to announce that Craig McCall, the seller, will be joining our team in a long term consulting capacity. Craig has done an excellent job in building this business in the Las Vegas market and we see Craig as a real asset to our company as we jointly fulfill the commitments he has made in developing this quality operation. Craig also will be our landlord at eight of these locations.”

EZCORP is primarily a lender or provider of credit services to individuals who do not have cash resources or access to credit to meet their short-term cash needs. In 294 U.S. EZPAWN and 30 Mexico Empeno Facil locations open on June 30, 2008, the Company offers non-recourse loans collateralized by tangible personal property, commonly known as pawn loans. At these locations, the Company also sells merchandise, primarily collateral forfeited from its pawn lending operations, to consumers looking for good value. In 461 EZMONEY locations and 71 EZPAWN locations open on June 30, 2008, the Company offers short-term non-collateralized loans, often referred to as payday loans, or fee based credit services to customers seeking loans.

This announcement contains certain forward-looking statements regarding the Company’s expected performance for future periods including, but not limited to, the completion and anticipated benefits of an acquisition and expected future earnings. Actual results for these periods may materially differ from these statements. Such forward-looking statements involve risks and uncertainties such as changing market conditions in the overall economy and the industry, consumer demand for the Company’s services and merchandise, changes in the regulatory environment, and other factors periodically discussed in the Company’s annual, quarterly and other reports filed with the Securities and Exchange Commission. For additional information, contact Dan Tonissen at (512) 314-2289. First Call Analyst: FCMN Contact: Laura_Jones@ezcorp.com  

Mr McCall then opened 12 Arizona pawnshops and again sold them to EZCORP.  Please see article below.  

EZCORP Enters the High Potential Arizona Market

EZCORP has also completed the acquisition of 12 USA Pawn & Jewelry stores in Tucson  and  Bullhead City, Arizona.  This investment marks the Company’s initial move into  Arizona  and its key markets.  The Company intends to grow its presence over time into a market-leading provider of instant cash, by expanding its storefront position, supported by both online and mobile channels.  

USA  Pawn & Jewelry represents the second set of stores that the Company has purchased from owner  Craig McCall, who continues to consult with and assist the Company in executing its multi-market growth strategy. Mr. Rothamel stated, “The  Arizona  acquisition demonstrates our continued focus on growing and expanding our core pawn business.  Not only will the addition of these 12 successful stores enhance our profitability in the near-term, it will also provide us with a robust base from which to expand further, through in-fill opportunities and possible additional acquisitions.  Craig is an extremely talented pawn entrepreneur and operator, and we look forward to continuing our relationship to develop further growth opportunities.  

Mr. McCall is on his third set of Pawnshops for sale to EZ Corp  To make his future deal even sweeter Mr McCall along with EZCORP and Cash America,another large public company, spent a huge amount of money having the interest rates pushed to a unconscionable interest rate that will take effect this summer.  Please read legislative report below:

 HB2537 – pawnbrokers; interest; military members – DO PASS   In the Arizona legislature Vice-Chairman Shope moved that HB2537 do pass. Jason Theodorou, Majority Research Intern, advised that HB2537 increases the interest rate a pawnbroker can charge and requires pawnbrokers to waive any unpaid interest and hold pledged goods for military members and their spouses for 60 days after returning from active duty deployment (Attachment 18).  

Vice-Chairman Shope, sponsor, stated that the HB2537 has two components.  The first allows pawn brokers to raise interest rates.  The second is a military member component, which he is working on with Representative Sonny Borrelli. 

Craig McCall, USA Pawn and Jewelry, representing self, testified in support of HB2537.  He said that the pawn industry is unable to raise interest rates on its own and the Legislature has not reviewed the cap rate in 16 years.  Surrounding states have much higher interest rates, i.e. Colorado has a 20 percent monthly cap rate, Nevada at 13 percent and Idaho and Utah have no monthly rate caps with market rates at 15 to 25 percent.  Mr. McCall cited the following reasons for increased business expenses:   Rental costs Building size – the pawn industry holds a large amount of collateral Healthcare insurance; Labor intensive process – the average pawn loan is $80; Municipality requirements for technology – daily transaction downloads to the police departments  to have taken the place of payday loans.

Question was called on the motion that HB2537 do pass.  The motion carried by a roll call vote of 6-3-0-0 (Attachment 19).    Without objection, the meeting adjourned at 11:45 a.m.

People who borrow money from pawnbrokers may soon have to pay higher interest. Current law caps pawnshop interest at 8 percent a month for the first two months and 6 percent for every month afterwards. HB 2537 would raise the initial rate to 13 percent, with an 11 percent cap for the third and following months. HB 2537, which was approved by the Senate 22-8, does require pawnbrokers to waive unpaid interest charges and hold pledged goods for members of the military who are on active duty until 60 days after that person returns from deployment. It now goes to the governor.

To get a 80.00 Pawn Loan for a TV for 30 days now cost  $25.80 in fees  There is a $5.00 service charge, a $5.00 storage charge, a $3.00 police ticket fee and $12.80 in interest.  The APR on this loan is 400.04% 

But Mr. McCall  who takes in Millions flipping pawnshops wanted to burden the residents of Arizona even more with increases to this already insane rate.  This summer when rates increase this loan will cost an additional 8.00 or a whopping $33.80 interest on a $80.00, 30 day loan. This is over a 500% APR  

© 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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