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Joyce Clark Unfiltered

For "the rest of the story"

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.

Aug 14

8

The cost is too high

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

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

What does the Tohono O’odham want from Glendale?

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

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

What will the TO give to Glendale?

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

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

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

© Joyce Clark, 2014

FAIR USE NOTICE

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

Aug 14

7

Glendale sells its soul for 30 pieces of gold

Posted by Joyce Clark on August 7, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale finances • Tohono O'odham  | Tagged With: , , , | 2 Comments

Glendale released the draft of an agreement with the Tohono O’odham (TO). Here is the link: http://www.glendaleaz.com/documents/SettlementAgreementDRAFT.pdf  . The Arizona Republic has an August 7, 2014 article on the subject as well. Here is their link: http://www.azcentral.com/story/news/local/glendale/2014/08/06/glendale-council-casino-agreement-tohono-tribe/13680763/ .

The first question that arises is why the sudden rush to get this accomplished? Think about it. Councilmember Gary Sherwood is under investigation by the Attorney General’s Office over allegations of violations of the Open Meeting Law. What if it proves true? There is always the possibility that he could be removed from office. If that were to occur, poof…the coalition of 4 councilmembers could become a minority of 3. There goes the coalition driving Glendale’s Tohono O’odham train.

As Mayor Weiers said in his testimony before the Senate Committee on Indian Affairs, why should one man, Gary Sherwood, who reneged on his anti-casino pledge to voters, be allowed to decide the fate of Glendale?

What is stranger still, there are Tribal law suits undecided and even if a decision is rendered, appeals are sure to follow. Legally this issue is far from being decided. Then there is legislation introduced by Senators McCain and Flake. Should the bill’s passage occur after the November General Election with the strong possibility of a Republican majority in the Senate, the TO are stopped in their tracks. Again, the question, why the rush?

Should we expect this issue to appear on the August 12, 2014 council meeting agenda? Remember all of the countless times Councilmember Alvarez has called for an issue to be decided by a vote of Glendale’s residents? Her silence in requesting a public vote on this issue is deafening. When an issue is going her way, as far as she is concerned there is no need for a public vote.

In an earlier blog I referred to educated and credible industry estimates of the kind of revenue that will be generated should such a casino be built in Glendale. The estimate is that the TO casino will net between $300 million and $350 million a year. Over 20 years the TO’s earnings from the proposed casino will be the stratosphere of $6 Billion. It’s a number that is mind boggling and nearly incomprehensible. And the TO, in a fit of generosity, are willing to give Glendale $26 million over 20 years? The Glendale City Council is now truly and certifiably nuts.

The draft agreement certainly favors the interests of the Tohono O’odham and not the City of Glendale. Look for the next blog to discuss the specifics of the draft agreement.

There has been so much deception and betrayal throughout this entire saga, not yet ended. The Tohono O’odham deceived and betrayed its Sister Tribes, the State of Arizona and the voters who approved the 2002 Compact. Councilmember Gary Sherwood deceived and betrayed his constituency by running on an anti-casino platform and then reversing his stance. Glendale is poised to betray the Tribes opposing the proposed casino, the State of Arizona, Arizona’s Congressional delegation, all of the region’s cities and most importantly, the people of Glendale…all for what? 30 pieces of gold.

© Joyce Clark, 2014

FAIR USE NOTICE

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

Jul 14

31

“They looked us in the face and lied”

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

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

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

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

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

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

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

© Joyce Clark, 2014

FAIR USE NOTICE

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

Jul 14

29

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

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

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

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

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

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

© Joyce Clark, 2014

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

Jul 14

29

Casino reality

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

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

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

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

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

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

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

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

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

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

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

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

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

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

© Joyce Clark, 2014

FAIR USE NOTICE

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

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