Friday, January 25, 2008

Granholm backs Port Huron casino; congressional hearing set for Feb. 6

1.24.08

Gambling on Port Huron
Granholm's support improves the odds for a riverfront casino

By MIKE CONNELL
Times Herald

The long-stalled effort to open an Indian-owned casino in Port Huron has received a major boost from Michigan's governor, who has thrown her support behind the project.

In exchange for her endorsement, Gov. Jennifer Granholm modified the state's 5½-year-old agreement with an Upper Peninsula tribe.

The new deal would increase the state's share of gaming revenues by as much as $30 million a year. It also opens the door for building the casino at Desmond Landing rather than at the Thomas Edison Inn.

"I strongly encourage you to support this legislation," the governor wrote in a letter to Rep. Nick Rahall, D-W.Va., and Rep. Don Young, R-Alaska, the leaders of the House Committee on Natural Resources.

The committee has scheduled a Feb. 6 hearing on H.R. 2176, a bill introduced eight months ago by Rep. Bart Stupak, D-Menominee. The measure would pave the way for a Port Huron casino by providing congressional approval of a land-settlement deal originally made in August 2002 by former Gov. John Engler and the Bay Mills Indian Community of Chippewa County, which is in Stupak's district.

Jeff Parker, the president of the tribe's executive council, said the agreement he and Granholm quietly signed on Nov. 13 was a crucial step.

"It's very important to have her support," he said.

Leaders back casino
Significantly, the governor's endorsement means the proposed casino has the backing of the political leaders who represent Port Huron in Lansing and Washington.

Along with Granholm, a Democrat, and Engler, a Republican, the proposal has been endorsed by Michigan's two senators, Democrats Carl Levin and Debbie Stabenow. Rep. Candice Miller, R-Harrison Township, whose district includes the city, co-sponsored Stupak's bill, as did Rep. Patrick Kennedy, D-R.I., co-chairman of the Congressional Native American Caucus.

The casino also has the backing of the local legislative delegation, the Port Huron City Council and the St. Clair County Board of Commissioners. City voters gave their blessing in a 2001 referendum.

A final step - congressional and presidential approval of the land settlement - has proven elusive. Several bills have gone nowhere. There have been hearings in both the Senate and the House, but the issue has yet to come up for a vote before a congressional committee.

Hearing set for Feb. 6
That could change next month when the House Natural Resources Committee is scheduled to debate Stupak's bill.

Allyson Groff, the committee's communications director, said a specific date has not been finalized, but Larry Rosenthal of Ietan Consulting said the hearing will be Feb. 6.

Rosenthal, a former aide to Rep. Dale Kildee, D-Flint, is a lobbyist for the Saginaw Chippewa, whose casino in Mount Pleasant is Michigan's largest. The tribe is a vigorous opponent of the Port Huron proposal.

Rosenthal described the land-settlement deal as a ruse meant to circumvent a 15-year-old compact between Michigan's federally recognized tribes, which agreed they would not engage in off-reservation gaming unless all 12 tribes agreed. At least nine of the 12 tribes oppose the Port Huron proposal.

The Saginaw tribe includes descendants of the Blackwater River band, which had a 1,287-acre reservation from 1807 to 1836 in the frontier settlement that would become Port Huron.

"Those are the ancestral lands where the Saginaw Chippewa lived and died," Rosenthal said. "This is a scurrilous attempt to undermine the Michigan gaming compact and to undermine the Indian Gaming Regulatory Act."

MGM, Detroit oppose deal
Along with the Saginaw Chippewa, other powerful foes of the Port Huron proposal include gaming giant MGM Mirage, which operates a casino in Detroit, and the political delegations of both Detroit and Nevada.

Detroit Mayor Kwame Kilpatrick said his city's three casinos have created nearly 10,000 jobs.

"These jobs meet the original goal that the people of the state of Michigan endorsed (in 1994) when the casinos were approved - economic self-sufficiency for Detroit," the mayor wrote in a letter to the congressional committee. "Any expansion of off-reservation gaming will not only compromise the economic strides that we've made, but will also contradict the will and intent of Michigan voters."

The mayor reportedly will be the first witness called at the Feb. 6 hearing, although Groff said she could not confirm that.

Two months ago, the 48-member House Natural Resources Committee was scheduled to debate and vote on casino proposals for Port Huron and Romulus. At the last moment, those votes were delayed, reportedly at the request of Rep. Carolyn Cheeks Kilpatrick, D-Detroit.

She is the mayor's mother and chairwoman of the influential Congressional Black Caucus. MGM Mirage is one of her most generous campaign supporters.

'Fair playing field'
Proponents describe the casino as a life buoy for Port Huron, which has experienced double-digit unemployment for several years. The city is one of the most economically depressed communities in Michigan, the state with the nation's highest jobless rate.

Port Huron also is the only community on the U.S.-Canadian border where a casino exists on the Canadian side without competition on the American shore.

In fact, there are two casinos across the St. Clair River. The Point Edward Charity Casino sits directly across from the Edison Inn, while Hiawatha Slots is part of a harness-racing complex in Sarnia.

The two Canadian casinos are operated by the Ontario Lottery and Gaming Commission, which last week shared quarterly payments of $451,282 with Point Edward and $390,840 with Sarnia. The two communities have split about $40 million in gaming revenues in the past eight years.

"Our studies show that about 77% of that is American money," said Richard Cummings, president of the Michigan Machinists and a founding member of the Thomas Edison Casino Advisory Committee. "All we're asking for is a chance to compete on a fair playing field."

State's share rises
In a letter to the congressional committee, Granholm described the Port Huron casino as "a win-win for everyone involved."

Elaborating on that point, she added: "Approval of this settlement will resolve outstanding land claims potentially affecting 200 families in the eastern Upper Peninsula, provide thousands of new jobs in the struggling border community of Port Huron, provide revenue sources to assist the Bay Mills Indian Community in its efforts to become economically self-sufficient and provide much-needed funds to state and local governments."

Liz Boyd, the governor's press secretary, said Granholm would not have endorsed a Port Huron casino without the modifications to the 2002 agreement.

The new deal raises the state's share of so-called "net win" revenues from a flat 8% to a sliding scale of 9% to 13%, depending on how much business the casino does. "Net win" refers to the amount the casino takes in from slot machines and other electronic games, minus the amount paid out in winnings.

If the casino opens, the governor said her cash-strapped state would see its share of annual revenues increase by $20 million to $30 million, depending on how successful the facility is.

Local share is 2%
Boyd said payments also would be more stable than under the Engler deal, which subjected the state's share to possible termination if new gaming was allowed elsewhere. The agreement also provides the state with a share of revenues from Bay Mills' two existing casinos in Brimley, a resort town on Lake Superior.

Bay Mills also would be required to pay 2% of its net win to local governments. The tribe also could be asked to make other concessions.

St. Clair County's administrator, Shaun Groden, and Port Huron's city manager, Karl Tomion, said they are awaiting congressional action before negotiating with Bay Mills.

Both men have argued that congressional approval of a casino would be one way to offset the damage that seems inevitable if Homeland Security levels dozens of Port Huron homes and businesses to expand the border-inspection plaza.

Boyd said local governments have the option of creating a revenue-sharing board to receive and disburse casino funds, which are intended in part to compensate for lost property taxes.

Dispute dates to 1850s
The land-settlement deal resolves a dispute that dates to the 1850s, when Michigan Gov. Kinsley Bingham promised the Chippewas a 110-acre parcel on the St. Mary River. Despite that pledge, the property was seized by local officials for back taxes and sold off.

Today, dozens of families own property at Charlotte Beach, the disputed parcel. Under the terms of the settlement, the Indians are to surrender their claims to the 110 acres, giving clear title to the current property owners.

In exchange, the Chippewas are to receive reservations - land that will be held in trust for them by the Interior Department - in southeastern Michigan.

A complicating factor is that the Bay Mills band split from Michigan's largest tribe, the Sault Chippewa, in the late 1940s. Both tribes have claims to Charlotte Beach, and both agreed to settlements in exchange for casinos hundreds of miles from their reservations.

The Sault's deal with Engler, which also has been restructured by Granholm, allows the tribe to open a casino at one of three locations - Romulus, Flint or in Monroe County south of the River Raisin. The Sault's preference is a site near Metro Airport in Romulus.

2nd site is option
Under the 2002 deal, Bay Mills could build its casino only at the Thomas Edison Inn, a 12½-acre parcel adjacent to the Blue Water Bridge.

The new deal gives the tribe an alternative site - a 19.6-acre parcel at Desmond Landing. It amounts to about one-third of the acreage put together in the past decade by philanthropist James Acheson, who owns a mile of waterfront property on the St. Clair River between the mouth of the Black River and the Seaway Terminal

Casino developer Mike Malik said the Edison Inn remains the preferred site. He said he has an option to buy the inn and has made payments for several months to help keep its doors open.

"I have a considerable investment in the Edison Inn," he said.

Malik said Bay Mills asked the governor for an alternative site because of concerns that Homeland Security might oppose the construction of a high-rise hotel beside the bridge, one of the busiest crossings on the Canadian border.

A proposed $433 million expansion of the border-inspection plaza is expected to come up for final approval later this year. If the project goes forward as expected, it would mean five years of construction near the Edison Inn.

"We all have questions about what the federal government intends to do," Malik said.

'Nice, safe, fun city'
Malik is a Detroit native whose family moved to Clay Township when he was a youngster. He is a former Algonac city councilman and a business partner of billionaire Marian Ilitch, who owns the MotorCity Casino in Detroit. Her family holdings also include the Detroit Tigers, the Red Wings and Little Caesar's Pizza.

Ilitch supports the Port Huron casino but has said she is playing no role in its development.

If the casino opens, Malik stands to receive 30% of its revenues for seven years through a management contract with Bay Mills. In part, the money would reimburse him for start-up costs as well as the millions he already has invested in lobbying, legal, architectural and other expenses.

"Our biggest job is to get it up and running, and to pay the debts," Malik said. "I see Port Huron as a tourist destination, a great place to come for two or three hours to see the river and the boats. This is a nice, safe, fun city."

Doug Austin, executive vice president of Acheson Ventures, said negotiations with Bay Mills and Malik are ongoing.

"We still have questions," he said. "Nothing is resolved."

He said a promenade will be built from the Military Street drawbridge to the Seaway Terminal, a distance of more than a mile, to guarantee public access to the waterfront.

Austin also said any proceeds Acheson receives from the casino "will be pumped back into the community. ... The money will be used to pursue what our original stakeholders, the people who live on the south side (of the Black River), told us they wanted."

Indianz.com: Michigan governor backs off-reservation casino

As posted 1.24.08 at Indianz.com:

Michigan governor backs off-reservation casino

Michigan Gov. Jennifer Granholm (D) is backing legislation to authorize an off-reservation casino for the Bay Mills Indian Community.

Granholm wrote a letter to Rep. Nick Rahall (D-West Virginia), the chairman of the House Natural Resources Committee, and Rep. Don Young (R-Alaska), the ranking member. She urged both lawmakers to support H.R.2176, which would settle the tribe's land claim in exchange for the casino.

Under the bill, the tribe would get 15 acres in Port Huron. The site is more than 300 miles from the tribe's land claim area at Charlotte's Beach.

The House committee is due to hear the bill on February 6.

Get the Story:Gambling on Port Huron (The Port Huron Times Herald 1/24)

Thursday, January 24, 2008

Harsens Island Bridge developer denies any connection to Mike Malik's Grande Pointe Development

excerpted from a post on HarsensIslandBridge.info 1.18.08:
On the evening of January 15, 2008 there was a HITA (Harsens Island Transportation Authority) meeting at the Clay Township Hall to update the public on the status of the proposed bridge. The room was filled to capacity...

When asked if there was a connection between the DIBC [Detroit International Bridge Company] and the developers of the Grande Pointe Development the DIBC representative said "I know of no connection." ...

Wednesday, January 23, 2008

Boston Herald reports Detroit casinos have fallen short of revenue projections and jobs

1.23.08

Detroit has no luck with casino trio eyed by Deval

By Dave Wedge http://www.bostonherald.com/ Local Coverage

DETROIT - Three Detroit casinos similar to those proposed by Gov. Deval Patrick have fallen about a half-billion dollars short of initial projections and created thousands fewer jobs than predicted in what could be a stark warning to Massachusetts.

In 1998, developers, politicians and casino proponents promised that three Detroit casinos would rake in up to $1.8 billion but in 2007 the gaming parlors took in $1.335 billion, according to the Michigan Gaming Control Board.

A Michigan state senate report in 2000, meanwhile, estimated the casinos would create 10,500 jobs but so far the gambling venues have just 7,000 permanent workers. The same report predicted the city’s annual gaming haul would reach $1.4 billion by 2004.

The news comes as the Detroit casinos posted slight revenue increases this year yet also showed signs of significantly slower growth. Revenue generated by three Motor City casinos crept up in 2007 - from $1.303 billion to $1.33 billion - but growth was down four percent over the previous year.

The Herald had reported that gambling revenue at the city’s three casinos was down in 2007 but newly posted numbers that included December revenues showed an overall increase of about $30 million.

Still, Detroit City Councilor JoAnn Watson said the casinos have “created social and economic devastation” that has led to 20 percent of the city’s small businesses going “belly up.”

“There were a lot of promises made in terms of how the economy would improve and jobs, jobs, jobs,” Watson said. “But the circumstances in the aftermath of the casinos has been ‘Lord have mercy.’ The ballyhooed promise of prosperity has not occurred.”

Patrick’s controversial plan for two commercially operated casinos and one Indian gaming hall has been a reality in Detroit since voters legalized gambling more than a decade ago.

Revenue in 2007 was down about $450,000 at the Greektown Casino, but up slightly at the MGM Grand Detroit and the MotorCity Casino, according to the state gaming board. All three casinos have either recently completed or are in the midst of massive expansions that will include more gaming space and hotel rooms.

The luke-warm numbers sound a warning for Patrick’s headline-grabbing 2009 budget plan, which calls for $300 million in casino license fees to pay for schools, public safety, transportation and much-needed tax relief.

“What I’ve seen is there’s only a finite pot of gambling money that people have,” said former Michigan Rep. Allen Lowe, who opposed Detroit’s three-casino plan. “I don’t know that economically we’ve seen much of a boon here.”

Michigan state Sen. Alan Cropsey, a vocal casino opponent, said the slowdown in Detroit shows the market is “tapped out.”

“This really is taking money out of the local area and putting it into the casino owners’ pocket,” Cropsey said, adding that it’s “foolish” for a government to rely on gambling revenue.

Kofi Jones, spokeswoman for Patrick’s economic development secretary Dan O’Connell, said the governor’s panel looked at several regions with casinos, but “no one model alone formed the basis of the governor’s legislation.”

“We are confident that our plan will meet its projections,” Jones said.

Revenues aside, the impact of the Detroit casinos has been questionable as the city remains severely blighted, with entire blocks of vacant, boarded-up buildings infesting surrounding neighborhoods.

“They ruin the city,” said Detroit autoworker Mark Hauswirth during a recent visit to the MotorCity Casino. “People blow all their money. It don’t help nobody but the people who own them.”

Howard Berenbom, who runs the online magazine Casino Detroit, said the casinos have been “disappointing,” mainly because a plan to spur local development by locating them all on the Detroit River never materialized. Still, Berenbom believes they’ve given the city a boost.

“It brings in jobs and revenue,” Berenbom said. “The negative is that some poor people go and gamble and a lot of people can lose.”

Michigan politicians pushed through legalization by focusing on how much local money was flowing to casinos across the Detroit River in Windsor, Ontario, much like Massachusetts’ drive has been fueled by concerns about tourism dollars going to Connecticut casinos.

Article URL: http://www.bostonherald.com/news/regional/general/view.bg?articleid=1068406

Tuesday, January 22, 2008

Red Wings struggling; drop in ticket sales worrisome for NHL

1.20.08


Winning and losing
Despite having the NHL's best record, the Detroit Red Wings fanbase continues to erode

By RYAN PYETTE

DETROIT -- There's a strange vibe in Motown.

The 2008 North American International Auto Show is in full gear.

A plane carrying a banner in support of Republican U.S. presidential hopeful Ron Paul swoops over Joe Louis Arena on the day of the Michigan primary.

But talk of dreamy concept cars and politics fails to gloss over why the Detroit Red Wings -- the best team in the NHL -- is playing the Atlanta Thrashers on this night in a rink barely two-thirds full.

Hockeytown is down.

The Red Wings, used to drawing crowds at or near capacity for the past two decades, are suddenly averaging about 2,000 paid tickets below their norm -- one of the most staggering and worrisome dips in the NHL.

No one in Detroit likes to hear it. There are plenty of theories for it. Many point to the struggling economy in the city and Michigan as a whole.

"It's the state of the state," said Brandon Rotz, a manager at Wings' defenceman Chris Chelios' downtown restaurant Cheli's Chili. "There are a lot of people here who are worried and don't know if they're going to have their job next week. So you have to make a choice -- do I buy groceries for my family or go to a Wings game?"

It's not much of a choice.

But it can't just be all about the economy... (
Full Story)


http://lfpress.ca/newsstand/Sports/Hockey/2008/01/20/4782933-sun.html

Friday, January 18, 2008

Port Huron still betting on casino to revive its economy

1.18.08


Casino approval is critical to turn around of local economy

by Cliff Schrader

Much of St. Clair County Administrator Shaun Groden's "State of the County" presentation was very positive, but the county's still in an economic downturn.

There has been a five-fold increase in residential foreclosures in the past several years - more than 1,000 in 2007, with an anticipated new record for 2008. We are facing high unemployment and growing business closures.

It will be a very long and painful climb back, unless we land a massive economic score with a proven track record. We need something that can pull us out of this economic abyss quickly.

Forget the spin and wishful thinking. The only real hope is the Thomas Edison Inn Casino project and its promised 3,000 to 4,000 jobs.

Within the next three weeks, the proposed casino is headed back to the table with a new hearing date before the House Natural Resources Committee. As you recall, back in November, Port Huron and the Bay Mills Indian Community were blindsided when Washington's version of the Good Old Boys pulled strings in a backroom deal that saw House Bill 2176 yanked from the subcommittee the night before its hearing.

If there are no further middle-of-the night deals, the next step toward congressional approval of the Bay Mills land-claim settlement (and Port Huron's casino) should proceed in an orderly way, but don't count on it.

Several years ago, Port Huron voters supported a statewide ballot proposal for casino developments in Detroit. The Motor City was in terrible financial shape. It watched millions of dollars flow across the border to Canada's Windsor casino every day. Port Huron suffers a similar plight with regard to Pointe Edward's casino.

Yet, Detroit Mayor Kwame Kilpatrick is the first to lead the attack against Port Huron's casino hopes. Has he no shame?

After the House committee hearing in early February, HR 2176 will move to the full House. Under the chamber's rules, it will linger for at least eight days before going to the floor for a vote. If approved, it then goes to the Senate for assignment to the Senate Natural Resources Committee.

As in the House, the Senate committee's chairman has the option of waiving the hearing requirement or assigning it to a subcommittee hearing before a full Senate vote. The bill could take several weeks before receiving that final vote.

As you can see, this is a legislative process laden with more deadly obstacles than even Indiana Jones could face. Through it, Port Huron's enemies will stop at nothing. They will add millions more dollars to the tens of millions they already spread around to scuttle this city's casino.

Meanwhile, Detroit's three casinos set another new record - collecting $1.34 billion in 2007 - their seventh-consecutive annual earnings record.

What can congressional members be thinking? Will they let the economies of Port Huron and St. Clair County collapse while casinos in Canada, Detroit and other Michigan cities reap profits beyond belief?

Cliff Schrader is a radio columnist on WGRT-FM 102.3. His Friday columns are part of a cooperative agreement between the radio station and the Times Herald. His opinions are his own and not those of the Times Herald or WGRT.

Thursday, January 17, 2008

MotorCity Casino to host second NHL Red Wings Poker Tournament

12.23.07

Motor City Casino’s Red Wings Charity Poker Tournament

Get ready for Motor City Casino’s Red Wings Charity Poker Tournament.

Fans can face off against players, as the Detroit Red Wings ante up for charity.

It’s Monday, March 3rd.

For a $500 donation to the Detroit Red Wings Foundation, you can try your hand and test your nerves going head-to-head with Red Wings players!

Prizes will be awarded to the top three finishers, including a grand prize trip for two with the team to an away game on Red Bird II during the 2007-08 season. Second place will receive a suite for a Red Wings home game during the 2007-08 regular season. Third place will receive four tickets to a Detroit Red Wings regular season game, including a meet & greet session with select players following the game.

A limited number of participant spots are available by calling the Detroit Red Wings season tickets office at (313) 396-7575. Table sponsorships are also available.

All proceeds will benefit The Detroit Red Wings Foundation. The goal of the Detroit Red Wings Foundation is to satisfy the unique needs of our community through the sport of hockey.

Bay Mills tribe's 'false land claim' in Charlotte Beach

as excerpted from a story published in the Port Huron Times Herald 11.16.07:

'A false land claim'
Larry Rosenthal, a Flint native and a consultant for the Saginaw Chippewa, noted the tribal land claims in Charlotte Beach have been rejected in both federal and state courts.

"The legislation is predicated by a false land claim," he said. "They're using it simply to circumvent the 1993 gaming compact for Michigan."

As part of the 1993 compact, Michigan's 12 federally recognized tribes agreed they would not participate in off-reservation gaming. A tribe cannot legally open a casino outside its ancestral lands without approval from the other 11 tribes. That's one reason why skeptics question the legitimacy of a casino proposal in Kimball Township.

Rosenthal criticized the Sault for hypocrisy. When Bay Mills made its deal with Engler in August 2002, the Sault derided the land swap as patently illegal. The tribe then turned around and made its own deal with Engler on Dec. 30, 2002, the day before he left office.

"Even the Sault tribe has opined in the past that a land claim doesn't exist," Rosenthal said.

Wednesday, January 16, 2008

MotorCity Casino's 4th quarter revenues down $4.5 million over previous year

Based on figures published by the Michigan Gaming Control Board (MGCB) Fourth quarter 2006 revenues for MotorCity Casino fell $4.5 million (-3.8%) over the previous year despite a larger (25%) expanded gaming floor which opened back in June 2007 and the addition of a 400-room "luxury" hotel which hailed a grand opening in November 2007. MotorCity Casino got a temporary bump during June and July when it touted the grand opening of its "new" casino but in more recent months things have been on a downward slide.

While revenues in October showed a 1% increase over the previous year; revenues in November dropped 3.7 %; and for December revenues fell 8.1% over 2006.

MotorCity Casino's overall revenues for 2007 posted 2.5% higher than 2006 primarily due to temporary revenue increases realized during the two month blip last summer surrounding the grand opening of its "new" casino facilities.

Monday, January 14, 2008

Chemehuevi tribe looking at options

1.14.08

Barstow and Chemehuevi officials unhappy with casino rejection.

By David Bell

The Interior Department has said no to a second Chemehuevi casino in Barstow, Calif., but city and tribal leaders are saying the fight isn't over. Barstow officials say they will not allow the issue of off-reservations casinos to die.

In letters dated Jan. 4, Assistant Secretary for Indian Affairs Carl Artman notified the Chemehuevi, Big Lagoon Rancheria and Los Coyotes Band of Cahuilla and Cupeno Indian tribes that the tribes' fee-to-trust applications for land in Barstow was rejected.

And because the land would not then be considered part of the reservation, it could not qualify as a site for a casino under the Indian Gaming Regulatory Act.

Ron Rector, acting City Manager and Director of Economic Development and Redevelopment for the city, said Barstow is reviewing its options and a response will be forthcoming.

"We believe the decision by the (Interior Department) Secretary was just to set a policy," Rector said. "It's a slap in the face of us and the governor."

"We worked with all three tribes for over five years, followed all rules established by Congress and did it all in good faith," Rector said. "We're very disappointed in the Secretary's decision."

But Barstow residents may not share that feeling. Online reader's comments to the Barstow Desert Dispatch story on the Interior Department decision are negative on the issue of Native American casinos.

"This is good news to all Barstonians," wrote the poster identified as "Yipee," while "John" wrote "Barstow doesn't need a casino the council should concentrate on trying to get businesses that are worthwhile Revitalize main street its looking like a ghost town."

Rector said the two casino proposals, the Big Lagoons and Los Coyotes, were partnering on a 40-acre casino project. This would have provided the economic boost the Web poster is looking for.

"The initial investment was about $175 million with 2,000 jobs and $50 million in payroll," Rector said. "There would be indirect expenditures of well over $30 million, and our agreement had us (the city) receiving 4.3 percent of gaming revenue for Class-3 slot machines. We anticipated that at $7 million to $10 million per year."

Chemehuevi Chairman Charles Wood previously said the tribe was looking at options the tribe could take to keep the casino project moving forward.

"Those options include responding with comments to the concerns in the letter, the appeals process and resubmission. Others (tribes) are threatening to sue. I'm not saying we would, but I would hope it wouldn’t come to that," Wood said.

Wood also said the Interior Department failed to recognize the Chemehuevis claim of ancestral ties to the area, the major factor in placing land in trust for a tribe.

"Right now we're in discussions on what will be the right course of action," Rector said. "There will be action taken by the City of Barstow."

In 2003, the Chemehuevi and Los Coyotes tribes approached the Barstow City Council about establishing off-reservation casinos. The city entered into a municipal-services agreement with the Los Coyotes in 2004 that, in 2005, announced plans to partner with the Big Lagoon tribe. Later that same year, Gov. Arnold Schwarzenegger announced approval of a gaming compact between the state and the Los Coyotes and Big Lagoons.

Meanwhile in 2005 the Chemehuevi tribe negotiated a municipal-service agreement with the City of Barstow.

On Feb. 16, 2006 the Chemehuevi tribe submitted the application to acquire in trust a 40-acre parcel of Barstow land and one month later the Big Lagoon tribe and Los Coyotes submitted an application.

Last year Schwarzenegger and the Los Coyotes and Big Lagoons agreed to allow the gaming compact to expire, as it had yet to obtain passage by the state legislature.

You may contact the reporter at dbell@havasunews.com.

New allegations of Brown Act violations by Barstow's Council; latest revelation also related to $15 million sewer treatment contract

1.13.08

Council dinner may have violated Brown Act, group says
Four members met socially with firm they later awarded contract

By Jason Smith, staff writer
BARSTOW — A dinner attended by four City Council Members and paid for by a consulting firm could be seen a violation of California’s open meeting law, according to a watchdog group.

While attending the California League of Cities Conference in Sacramento in early September, council members attended a private dinner paid for by consulting firm Bureau Veritas.

Council members and representatives of the company said the dinner was an strictly an introduction to the firm and no city business was discussed. Still, because a voting majority of council members was present and the event was not publicly posted beforehand, it could potentially be a violation of the Brown Act, California’s open meeting law, said Terry Francke, general counsel for Californians Aware, a group advocating open government.

“Where you have a dinner attended by a majority of the City Council as well as the city’s redevelopment director, in my mind that can only be interpreted as city business as indeed here where the company got the business a month later,” Francke said.

He said that the Brown Act allows for a majority of council members to attend certain purely ceremonial or social events, but this case did not qualify.

“There may be situations where the entire council or school board may be invited to a ribbon cutting or groundbreaking,” he said “The word ‘purely’ in that phrasing really demands in my view that these be situations which in no sense is city business being discussed.”

He said that he felt the issue was not that the consultant paid for the meal or was later awarded a $34,000 contract, but that members of the public weren’t aware what was going on.

“I guess the bottom line is that under the Brown Act, companies wishing to make a collective presentation should do so out in the open and shouldn’t be able to essentially buy a private audience by paying for the dinner,” he said. “If that were the case than anyone who wanted the council to go a certain way on something could just take them out to dinner.”

Other groups said they could see where the paid dinner could be perceived as a potential conflict of interest.

“The appropriate thing to do would be for the city council to pay for the dinner,” said Bob Stern, President of the Center for Governmental Studies. “That would remove the perception of influence buying.”

He said that consultants and lobbying groups frequently host events for attendees at municipal conferences as a way to network.

“There’s a lot of wining and dining going on, but it’s usually for a larger group not just a City Council,” he said.

Frank Vanella, deputy district attorney with the county’s Public Integrity Unit, declined to directly address the dinner, but agreed with the statement of City Attorney Yvette Abich that the gatherings are allowed if they are strictly social.

“Generally speaking City Council members can go to dinner with whomever they want as long no city business as discussed,” he said. “They’re free to go to any event, private or public event. They’re free to socialize with whomever they like as long as city business as not discussed.”

Council member Joe Gomez who did not attend that dinner said he was uncomfortable with the idea of a majority of the council and staff members meeting in a private session even if the event was social.

“My concern is I don’t know what they discussed so I don’t know how they came to the decision,” he said. “If the city’s paid for them to go to the conference, that’s all they should be doing.”

Council members who attended the dinner said that the invitations came while they were at the conference and the event was not pre-planned.

“It was a social dinner, it was nothing about their company or the city,” said Council Member Steve Curran. “How can you agendize a conference out of town?”

Curran said that Bureau Veritas was chosen for the consulting job over another engineering firm and a law firm because it was the lowest bidder for the project.

On Oct. 4, the council unanimously chose to award the contract to Bureau Veritas although city staff had initially recommended that the city award the contract to the Willdan firm.

“In my looking at the proposals, firm Bureau Veritas appears to be the best whether it’s low or not,” said Mayor Lawrence Dale. “It appears they have a better understanding of the project regardless of what the other two show.” Abich, the city attorney, also recommended the contract be awarded to Bureau Veritas due to fears that the other consulting firm would require additional costs.

“My concern is the amount (Willdan) proposed is actually possibly more than they’ve quoted because a lot of the things they assumed have happened haven’t happened,” she said.

On Jan 7, the council voted 4 to 1 to approve a new contract with Bureau Veritas for up to $160,000. The firm will review the qualifications and proposals of interested firms for the wastewater project and help the city choose a contractor for the project.

The dinner with Bureau Veritas is not the first time concerns have been raised over council members potentially violating the Brown Act. Also during the League of California Cities Conference on Sept. 6., four council members met with Cynthia Bryant, the governor’s deputy chief of staff, who handles Indian gaming issues, to discuss the issues holding back Barstow casino compacts. A complaint was filed with the district attorney’s office that the meeting violating the Brown Act. No determination has been made in that case, the district attorney said.

Contact the writer:
(760) 256-4126 or jason_smith@link.freedom.com.

Tuesday, January 08, 2008

Allegations that Mayor Dale's letter contributed to Interior's rejection of casino proposals


In a post at the Desert Dispatch, allegations have been made suggesting that an unauthorized letter Barstow's Mayor Lawrence Dale sent to an Interior Department official blasting the Chemehuevi Indian Tribe was one of the contributing factors that resulted in rejection letters sent last week by an official at the Department of Interior to three tribes who had sought to take land in trust in Barstow for the purposes of developing casino resorts.

Dale wrote a letter on Aug. 20 to Clay Gregory, director of the Bureau of Indian Affairs’ Sacramento office, accusing the tribe of providing "misinformation" to the bureau and "continued meddling in the City’s affairs." Dale wrote his letter in response to an Aug. 8 letter the Chemehuevi tribe submitted to the federal government regarding the proposal of the Los Coyotes/Big Lagoon tribes to build a casino in Barstow. In that letter, the Chemehuevi accused the two other tribes of lacking ancestral ties to the area and of "reservation shopping."

Gaming Compacts held by two of the tribes backed by Mayor Dale were rejected by the California legislature last Fall and have since expired. With this latest rejection, it seems relatively certain that Mayor Lawrence Dale has failed in his 7-year bid to bring casino gambling to Barstow -- this scheme has been the cornerstone of Dale's plan for Barstow's economic recovery.

Myers posts letter rejecting Los Coyotes tribe's Barstow casino proposal

From a post made 1.07.08 by John Myers of KQED's Capitol Notes:
Another big blow was struck late last week against the embattled plan for tribal gambling in the desert city of Barstow, as federal officials rejected the land applications of two out-of-the area tribes.

On Friday, the U.S. Department of the Interior rejected requests from both the Los Coyotes Band of Cahuilla and Cupeno Indians and the Big Lagoon Rancheria to open side by side casinos in Barstow.

The casino plans are contingent on the land being taken into trust by the federal government as Indian land. But in a letter from assistant secretary for Indian affairs Carl Artman, each tribe's proposal was rejected on the grounds that a casino far away from the actual Indian reservation would have a negative impact on the community back home... (Full Post)
Myers has also posted a copy of the letter the Los Coyotes Band of Cahuilla and Cupeno Indians received from the Department of Interior rejecting the casino resort the tribe had proposed for Barstow in partnersip with Detroit-based casino syndicator BarWest LLC.

Monday, January 07, 2008

Saubel ousted as Los Coyotes chairwoman; new tribal chair has been compensated by Barwest

At a meeting of the Barstow City Council on 1.07.08, BarWest spokesman Tom Shields revealed that Katherine Siva Saubel had been ousted as chair/spokesperson of the Los Coyotes Band of Cahuilla and Cupeno Indians sometime in December 2007.

The new tribal chair/spokesperson is Francine Kuspch. Francine has been the "star" of several moments of political theater staged by BarWest in its quest to win approval to develop casinos in Barstow. Political disclosure documents indicate Barwest has previously compensted Kupsch for some of her "starring" roles.

Controversy erupted last fall when Saubel, then tribal chairwoman, wrote a letter terminating the Los Coyotes tribe's relationship with Barwest and Michael Malik. Saubel's communications referred to Malik as "the devil." Saubel indicated Malik had "seduced" younger members of her tribe.

FLASH: Interior rejects BarWest/Los Coyotes bid to take land in Barstow into trust for casino development

A press release issued by BarWest LLC and the Los Coyotes Band of Cahuilla and Cupeno Indians via PR NewsWire 01.07.08 reveals:

"The Los Coyotes Band of Cahuilla and Cupeno Indians was shocked when it received a letter from the Department of the Interior (DOI) on Friday, January 4, stating that DOI had completed its evaluation and was rejecting the Tribe's application to takeland into trust in Barstow even though DOI failed to allow the completion of necessary studies..."

The BarWest release goes on to report:

"In dismissing the Los Coyotes application, Interior asserted that the Tribe should build a gaming facility on or near the Los Coyotes reservation..."
The release concludes with:
"The DOI press release and the letter to the Los Coyotes can be viewed at the news room at the barstowcasinosandresort.com."
However, as of this post there is no "news room" on that Web site which was developed and is maintained by BarWest's PR consultant Tom Shields of Marketing Resource Group (Lansing, Michigan).

Press Release: http://www.reuters.com/article/pressRelease/idUS137756+07-Jan-2008+PRN20080107

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