New BMIC Chair Signals Tribe Won't Abandon Litigation that Shut-Down Vanderbilt Casino

New BMIC Chairman Kurt Perron

Kurt Perron, the new Chairman of the Bay Mills Indian Community signals to the Tribe and others that under his leadership, BMIC will not abandon litigation that has resulted in the tribe's Vanderbilt casino being locked up indefinitely and blocks any future casino development schemes the Tribe and its partner, controversial Detroit casino syndicator Michael J. Malik, Sr.,  had dreamed of for Port Huron & Flint Township.

No doubt, former BMIC Chair Jeff Parker had previously entered into Development Agreements with Malik or his affiliates protecting Malik's interests. Malik has indicated that his Blue Water Resorts syndicate and others have invested $15-25 million during the last two decades attempting to win approvals for his Bay Mills casino in Port Horn. Given that, it's not likely Malik will walk away from or be pushed away from BMIC.  He is known to be tenacious and a bully.

Those who've followed TVT regularly will recall several instances where leaders of the Los Coyotes Band of Indians attempted to part company with Malik or undertake business development strategies potentially in conflict with Malik's objectives; and in such instances, the Detroiter saw to it that those leaders were replaced and individuals loyal to him were installed in their place.

BayMillsNews.com


Tribe continues work on gaming issues
11.16.2011

BAY MILLS — Bay Mills Indian Community elected new tribal leaders on Nov. 2, but the commitment to the current litigation regarding the Vanderbilt Casino remains the same.

“Our first day in office, Nov. 7, we formally agreed as a council to continue working together on our gaming issues, including our properties in Vanderbilt, Flint, and Port Huron,” said newly elected Tribal Chairman Kurt Perron. He is joined by another new face on the council, Joe LeBlanc, serving as vice-chairman. The rest of the council remains the same, as incumbents John Paul Lufkins, Richard LeBlanc and Bucko Teeple held onto their seats in the election.

The council’s actions come on the heels of an Oct. 19 General Tribal Council meeting of the Bay Mills Indian Community membership. At that meeting, Perron made a motion before the prior council to continue moving forward with the litigation. The tribal membership unanimously approved Perron’s motion.

"I am committed to working aggressively and diligently with the entire council to advance this litigation and related pursuits,” said Perron.

The tribe has a July 2012 court date scheduled.

Naive Ignorance: Genesee County Officials Made Agreements with the now-Former Bay Mills Leader, Reportedly the Same Day he was Voted From Office

Naive Ignorance:  One must wonder if the Genesee County officials mentioned in the article referenced in this post had even a clue that the Bay Mills Indians were holding an election this week and that now-former Tribal Chair Jeff Parker was facing a re-election challenge. That Genesee officials report making an agreement with Parker on the very day he was voted out of office hardly seems prudent.

Three words to remember for the future:  Homework & Due Diligence.

For a generation, Parker had tightly ruled the Bay Bills Indian Community.  Now there will be a new regime at the helm.  Did Genesse County officials even anticipate that?  Did they anticipate that any agreements with Parker might well be moot, simply unacceptable or even non-binding under the new regime?

It's understandable that local officials have little to no experience dealing with Indian tribes and Indian issues, but before they leap into discussions with or consider agreements with new leaders, they would be best served to survey their experienced counterparts representing communities in and out of Michigan and to also consult with lawyers and others with such expertise. Although they'll try -- their track record suggests so -- the tribal leaders and those behind the tribe's schemes are likely to refer expert lawyers and consultants for consideration by Township and County officials who would be wise to avoid any such referrals and instead seek out such expertise independently. Historically, the people behind the Bay Mills schemes have referred counsel and consultants sympathetic to their interests and those of their Indian partner.

Presently the Bay Mills owned land in Flint Township does not qualify as "Indian Lands." That is the opinion rendered by the State of Michigan, U.S. Department of Interior, National Indian Gaming Commission and District Court.  The only one who suggested otherwise is now the former Chair of the Bay Mills Indian Community.  The Flint Township property is not sovereign, nor held in trust, nor tax exempt; rather, it is subject to the same codes, regulations, laws, fees and taxes expected of others who own local property.  There is no need for special emergency services agreements or other arrangements at this time for negotiated fees in lieu of taxes.  And given the tribe's track record in Port Huron, it could be 20 years or more before anything like that is required or otherwise needed, so why agree to anything now?

Genesee County Road Commission agrees to road pact with Bay Mills Indian Community

11.03.2011

By Ron Fonger

FLINT TWP., Michigan -- No one is certain what will happen to undeveloped land owned by the Bay Mills Indian Community here, but the Genesee County Road Commission has agreed to partner with the tribe on future road improvements in the area.

The Road Commission on Tuesday approved an agreement with Bay Mills than could lead to special funding for roads in the area immediately surrounding the tribe's land at Dutcher and Lennon roads.

Road Commission Manager-Director John Daly said a representative of Bay Mills talked to county road officials last month, suggesting the "acknowledgement of public authority responsibility" agreement.

Tribal leaders had no new information about how the property will be developed and made no requests tied to future road needs... (Complete Story)

New Bay Mills Chairman Plans to Wrestle Charlotte Beach Land Claims from Soo Tribe; Evict Current Residents

A Letter To Bay Mills Tribal Members

2.12.2011

As posted on Facebook at Kurt Perron For Tribal Chairman

* I will resolve our Charlotte Beach Land Claim which has been handed over to the Soo Tribe to use to obtain casinoes with. I will file a lawsuit against the Soo Tribe in federal court to have them kicked off our Charlotte Beach land claim using the Supreme Courts recent Carcieri decison as precedent. Once Soo Tribe is kicked off our claim, I will then issue an eviction notice to the current residents of Charlotte Beach. We can then use our claim ourselves to obtain several more casinoes in key areas, including Vanderbilt, without spending our Elders Fund in the process. We should have never given our Charlotte Beach Claim to the Soo Tribe to use for a casino in Romulus and now Lansing, this was our land and it was taken from us, not the Soo Tribe. If a casino ever opens in these areas it will be owned by Bay Mills, not Soo Tribe.

See also:

• President/Chairman Parker, Longtime Crony of Detroit Gambling Promoter Michael Malik, Tossed Out by Bay Mills Indian Community Voters
• Same 20-Year-Old Story, Bay Mills Chairman Teasing Business Leaders with Hopeless Casino Plans
• Scandal Continues to Plague Political and Lobbying Activities of Detroiters Bankrolling Casino Plans
• Michael Malik: The Latest Life & Times of a Detroit Casino Syndicator
• Four Charlotte Beach parcels purchased by Michael Malik or his associates since 2002
• Charlotte Beach real estate transactions involving Michael Malik haven't been impacted by any so-called "cloud" over title
• Michael Malik at epicenter; manufacturing behind the scenes drama in Michigan’s remote Charlotte Beach subdivision.
• Why would attorney for Tribe's Port Huron casino developer be acquiring property up north in Charlotte Beach?
• Is the Bay Mills Tribe using Charlotte Beach land claims solely to leverage developer's off-reservation casino plans?
• UPDATE: Posts set context and detail schemes, conflict$ behind Detroiters' off-reservation casino proposal
• Tribe to borrow $4 million to fund federal grant requirement, other investments in Malik’s Plastics venture 

President/Chairman Parker, Longtime Crony of Detroit Gambling Promoter Michael Malik, Tossed Out by Bay Mills Indian Community Voters

Jeff Parker held the Presidency of the Bay Mills Executive Committee for a total of 20 years coinciding with Detroit gambling promoter Michael Malik's influence over the Bay Mills Indian Community (Brimley, MI). In an election held today among Bay Mills voters, Parker was tossed out of office losing his re-election bid to newcomer Kurt Perron, 54% to 46%.

Parker and Malik had pursued failed schemes to develop an off-reservation casino in Port Huron (MI) for a generation. Malik's various syndicated affiliates (Blue Water Resorts, etc.) have spent millions lobbying in Lansing and Washington, D.C. and attempting to buy influence with key politicians.  Recently they opened a small slots casino in Vanderbilt (MI) which was subsequently ordered closed by court order.

They had announced an intent, albeit hollow, to similarly open a casino in Flint Township. Attempting to shore up credibility with Bay Mills voters, Parker had made several high-profile PR appearances in Flint Township suggesting he was on the verge of opening the casino there and as such, bringing increased economic prosperity to both Flint and the Bay Mills Indian Community.

Perron defeats Parker for chairman's seat

11.02.2011

BAY MILLS — A new face will head up Bay Mills Executive Council as a result of the Nov. 2 General Election. Kurt Perron defeated incumbent Jeff Parker 321 [54%] - 273 [46%]. Perron will be joined by another fresh face on the council, as Joe LeBlanc defeated Allyn Cameron 313-280 for the vice chairman's seat. Incumbents Richard LeBlanc, John Paul Lufkins, and Dwight "Bucko" Teeple will remain on the council.

Another upset this election was the seat of chief judge. Incumbent Shelly Deuman lost to Levi Carrick, Sr.

Taking seats as appellate judges will be Shannon (Lufkins) Belk and Justin Teeple.

See also:

• Bay Mills President Parker in Nov 2 General Election Run-Off; He's Controlled the Tribe for 20 Years
• It's an Election Year and Bay Mills Chairman Jeff Parker Wants Constituents to See Him as Good for the Economy both on and off Reservation
• Same 20-Year-Old Story, Bay Mills Chairman Teasing Business Leaders with Hopeless Casino Plans
• Scandal Continues to Plague Political and Lobbying Activities of Detroiters Bankrolling Casino Plans
• Michael Malik: The Latest Life & Times of a Detroit Casino Syndicator
• Compendium of 12 past posts regarding Bay Mills Indian Community's plastics ventures
• UPDATE: Posts set context and detail schemes, conflict$ behind Detroiters' off-reservation casino proposal
• Tribe to borrow $4 million to fund federal grant requirement, other investments in Malik’s Plastics venture

Property Bay Mills Indians Acquired in 2010 not 'Indian Lands;' Not Sovereign or Tax Exempt

Because property is Indian “owned” does not automatically mean those lands are “Indian Lands,” a special and unique designation. Only Indian Lands are considered sovereign and as such exempt from the usual local taxes, fees, codes, regulations and laws. Property that is simply Indian owned is not considered sovereign and not exempt. 

In shutting down the Bay Mills Indian Community’s (BMIC) rogue off-reservation casino in Vanderbilt (MI) last March, the U.S. Federal Court (Judge Paul L. Maloney) ruled that the property the tribe acquired in Vanderbilt during 2010, located 100 miles away from the tribe’s Upper Peninsula reservation, are not Indian Lands. Specifically (from Judge Maloney’s ruling (pgs 10-11):

Section 107(a)(3) authorizes the earnings of the Land Trust to be used for two specific purposes: (1) improvements on tribal land and (2) the consolidation and enhancement of tribal landholdings. Bay Mills does not suggest or argue that the Vanderbilt Tract constitutes an “improvement on tribal land.” Bay Mills defends the purchase as authorized by the second purpose. In the context of this provision, the statutory language has a plain and obvious meaning. The word “consolidate” means “to bring together or unify.”9 The word “enhance” means “to improve or make greater” or “to augment.”10 Obviously, the purchase of the Vanderbilt Tract is an enhancement of tribal landholdings, as the additional land augmented, or made greater, the total land possessed by Bay Mills. However, the statute does not authorize every enhancement. The statute uses the conjunction “and” between the word “consolidation” and the word “enhancement.” The use of the word “and” cannot be ignored. See Williams v. Taylor, 529 U.S. 362, 404 (2000) (“It is, however, a cardinal principle of statutory construction that we must ‘give effect, if possible, to every clause and word of a statute.’”) (citations omitted). In order for the purchase of land to be an “enhancement” authorized by the § 107(a)(3), the purchase must also be a “consolidation.” The statute requires any land purchase to be both a consolidation and an enhancement. Under §107(a)(3), Bay Mills may use the earnings from the land trust to acquire additional land next to, or at least near, its existing tribal landholdings. The statute does not allow Bay Mills to create a patchwork of tribal landholdings across Michigan.

Prior to Judge Maloney’s ruling, both the National Indian Gaming Commission (NIGC) and the U.S. Department of Interior had issued similar opinions. From a memorandum provided to the NIGC Chairwoman, December 2010:

On Wednesday, November 3, the Bay Mills Indian Community opened an off-reservation gaming facility in Vanderbilt, Michigan. The considered opinion of the Department of the Interior Solicitor is that the land is not within a reservation, not held in trust, and not held in restricted fee. Accordingly, the Community’s new casino is not on Indian lands within the meaning of the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701- 2721, and the National Indian Gaming Commission lacks jurisdiction over it. We are obligated, therefore, to refer the matter to the appropriate law enforcement agencies.

 

Specifically by rulings and opinions issued by U.S. District Court, U.S. Department of Interior Solicitor and National Indian Gaming Commission, the Bay Mills Indian Community’s property in Vanderbilt are not Indian Lands.  And by implication, two other similarly acquired parcels BMIC controls in Flint Township (280 miles from its reservation) and Port Huron (350 miles away) are not Indian Lands.

Absent Indian Lands designation, those parcels are not presently sovereign lands, are not eligible for casinos under IGRA, and are not exempt from the usual taxes, fees, codes, regulations and laws. Or to put it another way, those properties should be taxed and fees collected timely as they would for any other such property owner. 

Despite representations, there is currently no need for any special agreements to provide for emergency services or to accept some negotiated fees in lieu of taxes over the Flint Township, Port Huron or Vanderbilt properties. Such would only serve to advantage the tribe's interests going forward not the interests of local taxpayers and citizens or the people of Michigan.

Bay Mills' Property in Flint Township not 'Indian Lands,' not Sovereign; Not Exempt from Taxes, Codes & Regulations

Flint Township shouldn’t fall under the spell of the The Bay Mills Indian Community (BMIC) – and certainly not yet. 

So why have BMIC officials launched a whirlwind public Romance with Flint Township? Beware, it doesn't benefit Flint Township.

BMIC Tribal Chair Jeffrey Parker | Not being honest with
Flint Township voters so he can get re-elected at Bay Mills.

Could the motivations be (1) political? You bet!  If BMIC Tribal Chair Jeff Parker could get an agreement or the suggestion of an imminent agreement with Flint Township, that might help him win re-election on Nov. 2.  Parker has had a firm grip on the tribe for a generation and now many are displeased with his schemes and promises.  He was challenged in the tribe’s primary where he got just 42% of the vote.  He eeked out another candidate by just 19 more votes and now he’s got to run against that candidate in the General Election next month.

But more importantly, could the motivations be (2) intended to give the tribe and its secret backers special and unnecessary financial advantages? Most likely. Could it be designed to (3) cheat the town out of rightful property taxes that fund not only emergency services but also local schools and other public services?  Most certainly!

There is no need to rush into an emergency services agreement that gives the tribe special treatment and accepts something less than the usual property taxes everyone else pay.  Despite representations by BMIC, Parker and other mouthpieces for the tribe’s developer, the property in Flint Township controlled by BMIC is not exempt from the usual property taxes today.

The property in Flint Township acquired by BMIC last year isn’t sovereign “Indian Lands” despite representations and therefore that property is not exempt from the usual taxes.  Indian “owned” does not necessarily mean “Indian Lands.”

In shutting down the Bay Mills rogue casino in Vanderbilt last Spring, the Court (Judge Maloney) ruled that the property in Vanderbilt, 100 miles away from the tribe’s Upper Penninsula reservation, does not qualify as “Indian Lands.” If that's the case in Vanderbilt, it's the case in Flint Township. Specifically from that ruling (pgs 10-11):

Section 107(a)(3) authorizes the earnings of the Land Trust to be used for two specific purposes: (1) improvements on tribal land and (2) the consolidation and enhancement of tribal landholdings. Bay Mills does not suggest or argue that the Vanderbilt Tract constitutes an “improvement on tribal land.” Bay Mills defends the purchase as authorized by the second purpose. In the context of this provision, the statutory language has a plain and obvious meaning. The word “consolidate” means “to bring together or unify.”9 The word “enhance” means “to improve or make greater” or “to augment.”10 Obviously, the purchase of the Vanderbilt Tract is an enhancement of tribal landholdings, as the additional land augmented, or made greater, the total land possessed by Bay Mills. However, the statute does not authorize every enhancement. The statute uses the conjunction “and” between the word “consolidation” and the word “enhancement.” The use of the word “and” cannot be ignored. See Williams v. Taylor, 529 U.S. 362, 404 (2000) (“It is, however, a cardinal principle of statutory construction that we must ‘give effect, if possible, to every clause and word of a statute.’”) (citations omitted). In order for the purchase of land to be an “enhancement” authorized by the § 107(a)(3), the purchase must also be a “consolidation.” The statute requires any land purchase to be both a consolidation and an enhancement. Under §107(a)(3), Bay Mills may use the earnings from the land trust to acquire additional land next to, or at least near, its existing tribal landholdings. The statute does not allow Bay Mills to create a patchwork of tribal landholdings across Michigan.

BMIC is cheating Flint Township if it doesn't pay the usual taxes. And this is no way to start a relationship.  Lying and cheating from the beginning.  Misrepresenting yourself.  If this is their way of business today, imagine what you can expect a year or two down the line when things get rocky. 

Given Judge Maloney’s ruling, it is reasonable that property taxes should be levied and collected on the BMIC property just like any other taxpayer.  Why give BMIC special treatment or defer payments today when there are too many unknowns?  But even more, why get locked into an agreement on property that might not be developed for ten years or more. Circumstances could change during that time. Consider that the people in Port Huron have been promised a BMIC casino time and time again, over the course of two decades, and still there’s nothing.

Why even spend time and money negotiating an agreement with BMIC right now?  Flint Township leaders should wait until the tribe resolves its related legal issues.  And since Parker is on record saying he wants to be the town’s good faith partner, then BMIC should start paying timely property taxes now and stay current with payments just like every other taxpayer is expected to do without seeking special treatment. And Parker should immediately stop misrepresenting his Flint Township property as sovereign land.  Represent the truth.

Flint Township residents, civic and business leaders shouldn’t get their hopes up for a BMIC windfall.  If history is any gauge you’ll only get your heartbroken time and time again. Ask the people of Vanderbilt now that payments have stopped.  Ask the people of Port Huron. And worse yet, expect you/ll get left standing alone at the alter and having to pay all the costs of a wedding and reception anyway.

Casinos Fail to Produce Phony Revenue Claims They Promised

from Middleboro Remembers: "Casinos" Fail to Produce Phony Revenue Claims They Promised

"In fact, the last time voters trusted gambling interests, they were promised $500 million per year for schools from taxes on slot machines in Miami-Dade and Broward Counties. Promoters even signed a contract, saying that if the Legislature did not tax slot machines, they would cut a check directly to the school boards. So far, they have generated a paltry 20 percent of this figure – and recently they successfully lobbied the Legislature for a 30 percent reduction in their tax rate. Like the lottery, another promise broken."

In this fact-check, we're not going to wade into whether casino gambling generates enough new tax revenue to meet the state's needs. Instead, we'll check what No Casinos calls a fact: that machine proponents promised "$500 million per year" for schools and only delivered about 20 percent of that.

It's an Election Year and Bay Mills Chairman Jeff Parker Wants Constituents to See Him as Good for the Economy both on and off Reservation

Bay Mills Indian Community official speaks to West Flint Business Association, fills in details about proposed development

10.19.2011

By Kayla Habermehl

FLINT TOWNSHIP, Michigan — Although still fighting a legal battle about whether a northern Michigan gaming facility is on "Indian land," the Bay Mills Indian Community chairman told a gathering of area businesses he believes a Flint Township casino will be a reality.

Jeff Parker, chairman of the executive committee for Bay Mills, spoke during the West Flint Business Association's monthly luncheon today in Flint Township. The potential facility is expected to be about 200,000 square feet, half of which would be gaming space, and could bring about 700 jobs to the area, Parker said.

Although the casino would be the "hub," Parker said Bay Mills planned to have the surrounding businesses by owned by area residents.

Many of the jobs would be minimum wage and the majority would be filled by area residents, he said.

Parker also said the tribe's attorneys were filing a motion today and three more Friday to dismiss a lawsuit that shut down Bay Mills' Vanderbilt facility earlier this year.

“We believe we’ve covered all the bases and we can go forward,” Parker said of the legality of the Vanderbilt facility.

Bay Mills purchased 28 acres in December at the northeast corner of Lennon and Dutcher roads in Flint Township.

Earlier this year, Bay Mills appealed a federal judge's ruling that forced the tribe to close a small casino in Vanderbilt, a slots-only gaming operation north of Gaylord, Mich. that opened without traditional approvals in place.

The lawsuit was filled by the state attorney general and the Little Traverse Bay Bands of Odawa Indians. They claimed the casino was illegal and running without necessary approvals.

Parker also planned to meet with township officials today to begin discussions about contracting for services such as police and fire. Called a payment in lieu of taxes, it would provide 2 percent of Bay Mills gross profits from the Flint Township facility to the township, Parker said.

He estimated it could result in between $2 million and $4 million for the township.

Same 20-Year-Old Story, Bay Mills Chairman Teasing Business Leaders with Hopeless Casino Plans

Some business owners are willing to take gamble on a new casino
WRJT-TV | ABC 12

FLINT TOWNSHIP (WJRT) - (10/19/11) - Some Genesee County business owners are willing to take a gamble when it comes to creating jobs.

For years, various groups have floated legalized gambling proposals in Genesee County.

Now, the Bay Mills Indian community is making a serious push to build a casino near Genesee Valley Mall. The proposed casino would go near Lennon and Dutcher Roads in Flint Township.

Jeff Parker says the tribe bought the property years ago through a land settlement act, but there are legal obstacles to clear. Bay Mills is trying to settle a lawsuit challenging whether an "off reservation casino" can be built in that area.

Wednesday, Parker answered questions from the West Flint business association about the proposed project. Some business owners are in favor of building a casino.



Blogger's Note:  For more than 20 years Parker and a controversial Detroit Wheeler Dealer Michael Malik, have been romancing residents of Vanderbilt, Port Huron and the Flint / Flint Township area with false plans for Indian casinos -- teasing them with jobs, millions in new funds for local government and more. In many cases these communities have been sidetracked by the schemes and that's had greater negative economic impacts. Everyone of their schemes has failed.  Last year, without necessary approvals, they opened a rogue 1,600 square foot slots casino in Vanderbilt and then in March the Courts closed it down and it sits shuttered, embroiled in a complex legal challenge.

Casino Effects on Business, Charities, Job Seekers & Host Towns

from Middleboro Remembers: Casino Effects on Business, Charities, Job Seekers & Host Towns:

Broken Promises To Local Business & Host Communities

Take it from Kenneth Ivins, Finance Commissioner for casino host city Saratoga Springs, New York. The casino has driven up the city's costs for police, water, sewer, roads, and schools. But, facing a budget crunch, the state just zeroed out the $3.9 million in state aid the city once received to cover the increased costs.

And there are no economic gains for local merchants. "People who come to the area to gamble rarely shop," said Ivins. "The money is not going to the local merchants or the sales tax base. It's really not supporting our economy."


Run the Numbers: No Net Permanent Jobs

The U.S. Department of Commerce estimates that, for every $1 million diverted from household spending in New Hampshire, the state loses nine existing jobs. The New Hampshire Gaming Study Commission (page 19) projects that a $500 million Salem or Hudson casino would produce 2,215 permanent direct and indirect new jobs. But because up to half of casino revenue will be displaced from current consumer spending, nearly 2,500 existing jobs will be lost. Apart from temporary casino construction jobs, there are no net job gains.

Note that the median pay including tips at US casinos is $11.25 per hour.

Politics at Bay Mills Indian Community has Parker (Mike Malik) Cranking Up the Volume on Economic Development Dreams

Wondering why it was that Bay Mills Tribal Chair Jeff Parker fueled speculation about a Bay Mills casino in Flint Township (MI) and  appeared at the Flint Township Board of Trustees meeting or enabled (maybe encourage) the Port Huron Times Herald columnist Mike Connell to wax, Parker says casino will open next year, or the Flint Township View to report, Bay Mills casino developers want police, fire agreements?

Could it be this...

10.06.2011

Primary election to narrow field of candidates in Bay Mills

The Primary Election for Bay Mills Indian Community will be held on Oct. 19. Please note: The election will be held at the Armella B. Parker Senior Center from 7 a.m. to 8 p.m. Any member of Bay Mills Indian Community who is 18 years or older may vote in the Primary and General Elections. The following people are running for office:

Executive Council President: Jeff Parker, Kurt Perron, Terry Carrick
Vice President: Joseph LeBlanc, Allyn Cameron, Corrine Cameron
Secretary: Richard LeBlanc, Sherri Schofield, Greg Parker
Treasurer: John P. Lufkins, Diane Teeple, Paula Carrick
Councilperson: Dwight "Bucko" Teeple, Jason A. LeBlanc, Sr., Alexander Easton, Brenda Bjork Chief Judge: Shelly Deuman, Leah M. Parish, Arthur J. LeBlanc, Levi D. Carrick, Sr., Robert Passage
Appellate Judge: Lynda Parrish-Pesola, Tim Kinney II, Randy Touchtone, Shannon Belk, Justin Teeple

Any registered voter who will not be able to cast their ballot in person may request the election Committee to issue them an absentee ballot. Such request may be made in person or by mail and signed by the person requesting the ballot. In any case, the request must be made 36 hours before the election. Reason for requesting absentee ballot must be given, as absentee ballots are for individuals unable to vote in person. Direct your request to Bay Mills Tribal Office, 12140 W. Lakeshore Dr., Brimley MI 49715 ATTN:Election Committee

If you have any questions, please call the tribal office for more information. The telephone number is 906-248-8100, ask for Kathi Carrick or Andrea Kinney. 

Politics 101A strategy employed by Mike Malik/Tom Shields and crew:  Pump up the volume on anything that looks like economic development -- even make believe, pie-in-the-sky stuff that has little, or even no chance of materializing. Just say it does!

Don't believe it? Take a look at news coverage during Port Huron (CA) or Barstow (CA) local political elections for the last decade. Malik and crew roll into town and crank up the volume about local economic development hopes. Make your constituents think you're bringin' home the bacon. Then as soon as their political pawns are re-elected, Marian's boys head home to Detroit or back to the Manhattan Penthouse or the Hamptons hide-a-way or their Palm Beach party crib or wherever.

Malik had Jeff Parker re-installed as Chairman about a decade ago, and during the last couple of Bay Mills election cycles tribal members have challenged his leadership and his ongoing "relationship" with, and "business ties" to the controversial Michael Malik. Tribal members are anxious for something real, not the continual economic carrots that Parker/Malik have dangled for a decade.

See these related posts:

• Jeff Parker, Bay Mills' plastics ventures rumored to be subject of FBI investigation
• Jeff Parker’s Business Partner is a Controversial Detroit Wheeler-Dealer
• Bay Mills Tribal Leader Parker Misleading Flint Township
• It's an Election Year and Bay Mills Chairman Jeff Parker Wants Constituents to See Him as Good for the Economy both on and off Reservation
• UPDATED: Parker admits lobbyists were trying to sneak casino plans through Congress without alerting opposition
• Another Detroit Sanctioned Tribal Leadership Coup; plus Lawsuits, Arson, Blackwater and "Bonfiglio?"
• NY Governor Cuomo Latest To Reject Campaign Contributions from BMIC’s Gambling Partner Michael Malik
• Fire Fighters and Local Residents have concerns about Bay Mills Casino Plans in Flint Township
• Despite Financial Woes, Mike Malik Obsessed with Buying Million Dollar Luxury Watercraft
• Proof that Mike Malik was in bed with Ponzi Scheme Fugitive Jack Utsick
• More than Two Dozen Malik / Ilitch Gaming Affiliates Pursue Casino Plans in CA, MI & NY
• Scandal Continues to Plague Political and Lobbying Activities of Detroiters Bankrolling Casino Plans
• Michael Malik: The Latest Life & Times of a Detroit Casino Syndicator
• Compendium of 12 past posts regarding Bay Mills Indian Community's plastics ventures
• UPDATE: Posts set context and detail schemes, conflict$ behind Detroiters' off-reservation casino proposal
• Tribe to borrow $4 million to fund federal grant requirement, other investments in Malik’s Plastics venture

Who is Joann Kemp? A Clinton River Boat Club Member and Harsens Island Property Owner

ClubIsland.org

Clinton River Boat Club
The family of William & Joann Kemp (Harrison Twp. MI) was admitted for membership in the Clinton River Boat Club (CRBC / ClubIsland.org) during 2006.  Then in 2009, Joann Kemp sponsored her brother Jay Whiteley’s family for membership in the club.  The Kemps reportedly have a boat called “Flashback” of build and size unknown to TVT at this time.  The Whiteley’s have a 33’ boat; however, the name and builder are unknown to TVT at this time.

CRBC is located on the small Club Island (MI) which sits near Harsens Island at the inlet of the Middle Channel into Lake St. Clair. For nearly 20 years, Detroit developer Michael J. Malik, Sr., whom Mrs. Kemp may be familiar with, has failed to win approvals of various schemes to build casinos in Port Huron and a marina and other amenities on Harsens Island. Malik owns significant lands on Harsens Island.

Harsens Island 

Deed | 180 Monroe Blvd., Harsens Island MI

In 2007, Joann Marie Kemp and Kimberlee T. Kulich  (née Trundle), tenants in common, took ownership of a parcel of land on Harsens Island near-adjacent to Malik’s Harsens Island holdings. Consideration for the property at 280 Monroe Blvd., Harsens Island (MI) was $140,000. Trulia.com notes a previous listing price of $224,900.  Zillow.com's current Zestimate is $127,300.

The Warranty Deed notes the Kulich/Kemp address as 14014 E. Eleven Mile Road, Warren, MI 48089.  Later the owners’ address would be changed to 14140 Frazho, Warren, MI 48089.

Like the Kemps, the family of Kimberlee Kulich, a 47-year-old (b.  11 Jul 1964), and her husband Jeffrey also live in Harrison Township (27807 Lakeshore, Harrison Township, MI 48045). Also, like the Kemps, the Kulich family are also members of the Clinton River Boat Club having been admitted in 2004.  Kim actively sponsors new CRBC members. It's unknown but possible that Kim may have sponsored the Kemps' bid for membership in 2006.

As previously reported, TVT has been able to document ties between Joann Kemp and  the Bay Mills Indian Community/Michael Malik:

(1)    Kemp recorded acquisition of land in Flint Township (MI) and then that same day she recorded a transfer of ownership of that same property to the  Bay Mills Indian Community via Quitclaim.  

(2)    She contributed $1000 to U.S. Senator Carl Levin's last re-election campaign on the same day (March 30, 2007) that Michael Malik, Marian Ilitch, their families, friends, business associates and fellow Port Huron casino supporters helped raise almost $100,000 for Levin. Shortly thereafter, Sen. Levin turned indifference into public support for a Bay Mills Port Huron casino. Kemp had never contributed to a federal political campaign before that and has not subsequently.  Plus, she failed to disclose any employment/occupation details with her $1000 check.  In doing so, she shields details that may help one understand just how it is she came to be involved with Malik’s schemes.

While there are clear ties between Kemp and Malik/Bay Mills, TVT has yet to uncover any similarly direct connections between Kulich and any of the parties other than Kemp. Further, TVT has yet to understand how Kemp and Kulich became partners in the Harsens Island property or might otherwise know one another.

Since Kulich /Kemp bought 280 Monroe Blvd., Malik has purchased three other Harsens Island parcels that comprise an estate on the South Channel; namely, a residence at 8117 South Channel Dr. Trulia.com records the sale price for that property at $1.45 million. The home is approximately 6,269 square feet, has 5 bedrooms and 3 bathrooms, and was originally built in 1994.


See also:

• Who is Joann Kemp? A resident of Harrison Twp (MI) who once owned a Palm Beach Condo
• Who is Joann Kemp? A donor to Sen. Carl Levin who failed to disclose Employer/Occupation with her $1000 check

Who is Joann Kemp? A resident of Harrison Twp (MI) who once owned a Palm Beach Condo

View Kemp Residence, Harrison Twp (MI) in a larger map

Joann Marie Kemp (née Whiteley) is a 43-year-old (b. 16 Jul 1968) married, mother of two children.

Since 1994, Joann Kemp and her husband William R. Kemp have lived in a Harrison Township home (38140 Circle Dr., Harrison Township, MI 48045-2815) owned by William. The property currently carries a $262,650 assessed value and Zillow.com suggests a Zestimate of $326,800.

The residence was originally built in 1953 and is currently two stories and 2,603 sq ft. It sits on approximately 1/3 acre and has boat docks with direct access to the property and Lake St Clair.

Palm Beach Co. (FL)
From 1993 through May 1998, William R. and Joann M. Kemp owned a condominium in Palm Beach County, Florida (100 Waterway Dr. S., #201, Lantana, FL 33462). They purchased the unit for $49,000 and sold it for $57,000.

Aliases for Mrs. Kemp are Joann M. Kemp, Joann M. Whiteley, Joanne M. Whiteley, Joanne M. Kemp, Joann Marie Kemp, and Joanne Kemp.

Flint Twp (MI) & Bay Mills Indian Community
The morning of November 3, 2010, a warranty deed was recorded with Genesee County (MI) whereby Norel Enterprises Inc. transferred a 28-acre parcel of undeveloped land in Flint Township (Dutcher Rd. @ Lennon Rd.) to Joann Marie Kemp. 

That afternoon (11.03.2010), a Quitclaim Deed was recorded with Genesee County whereby Joann Kemp had immediately turned around and transferred the same property to the Bay Mills Indian Community. 

No "Consideration" of terms (price of sale) was publicly available for either transaction.  There is an assessed value of $396,000. An online search of public records suggests that Kemp may have acquired the land from Norel for $260,000.

A Warranty Deed was drawn up on the same day (11.03.2010) whereby Kemp granted title to the Flint Township property to the Bay Mills Indian Community, and that document recorded with Genesee County December 17, 2010. Nine months later, leaders of the Bay Mills tribe confirmed they have interest in developing a casino on the site.

Michael Malik/Bay Mills/Harsens Island Connection 
For nearly two decades, Michael Malik (Blue Water Resorts), a would-be developer, has been behind the Bay Mills Indian Community's attempts to locate off-reservation casinos in Michigan. 

During that same period, Malik (Lucky 7 Development/Grande Pointe Development) has also failed to win approvals of various marina development plans for Harsens Island (MI).  Malik  is an Ilitch family agent/business partner with an office in the executive suites of Ilitch Holdings, Inc., at Detroit's Fox Theater.


See also:

• Who is Joann Kemp? A Clinton River Boat Club Member and Harsens Island Property Owner
• Who is Joann Kemp? A donor to Sen. Carl Levin who failed to disclose Employer/Occupation with her $1000 check

Fire Fighters and Local Residents have concerns about Bay Mills Casino Plans in Flint Township

Bay Mills to Flint Township: 'Let's work out a deal'

10.04.2011

By Kristen Abraham - bio | email

click arrow below to play video here

FLINT TOWNSHIP (WJRT) - (10/03/11) - Plans to bring more economic development to Genesee County could include a casino. The Bay Mills Indian Community owns 28 acres north of Genesee Valley Center near Lennon and Dutcher Roads and have yet to determine what they plan to do with the property.

Tribe President Jeff Parker said it could be anything from a casino to a charter school. "The tribe has the opportunity to engage in all kinds of economic development and those jobs would be open to anybody."

Bay Mills has two casino resorts in Brimley, which is the Upper Peninsula, 25 miles west of Sault Saint Marie. Through a land settlement act, the tribe bought property in Flint Township and up north in Vanderbilt. [See Map]

But Bay Mills is trying to settle a lawsuit challenging whether an off-reservation casino can be built there. "The status of the land today is it's Indian lands, the question is it legible for gaming, we will see. But that doesn't mean tribes don't bring specific opportunities to local areas," Parker said.

Ken Berg of Flint Township lives in a subdivision across the street from the tribal property. "What happens to our property values, what happens to the crime rate, they're not concerned about that. They want the money," he said. "I'm concerned that they can say something, and they don't have to follow it because they arn't governed by the same laws we are."

Bay Mills wants to work out an arrangement with the township for Police and Fire protection. Firefighter Kevin Clary isn't sold on the idea. "Everything that came out of their mouth basically was, 'it's our land, we're going to do what we want do.' We are just here saying 'hey this is what we would like you to do.'"

But not everyone opposes a gaming facility. Ed Linn thinks a casino would be a good investment for the community. "I won't have to go Vegas or Atlantic City, I can hop on my bike and go gamble."

Reaction to Possible Bay Mills Casino in Flint Township Mixed

Casino could come to Flint Twp., residents have mixed reactions

10.04.2011

by NBC25 Newsroom

FLINT TWP. -- The Bay Mills Indian Community wants to build a casino on 28 acres of land in Flint Township.

The Flint Journal reports the development, which the group hopes to build on Lennon and Dutcher Roads, could bring 700 jobs to the area.

NBC25 asked several people in the community their reaction to the proposal. Shannon Ash says, “Sound promising, but I want to know more details.”  Tina Nelson stated, “At this day in age I think it's the last thing flint needs… I don't think the people around here need to be going to the casino first thing, and secondly I’d like to see the money going to something better than a casino." Michael Biernett told NBC25, "Even though it may bring 700 jobs, it may wreck somebody's family. Family is worth more than 700 jobs."

At a meeting Monday night, a Bay Mills executive council chairman said he's focusing on building a relationship with Flint Township leaders and public safety.

He added talk of a casino is just talk for the time being.

"We're not talking about a casino. What we're talking about is developing a relationship between Bay Mills and Flint Township and we're going to be coming down here several times to have forums where can come in and discuss resident concerns, their ideas, and suggestions on how we can go forward collectively," said Parker.

The Bay Mills Indian community does not need permission from Flint Township to start the project however a spokesperson for Saginaw Chippewa Tribe had some objections and showed up at Monday night's meeting.

"We're against the Bay Mills going 280 miles from it's reservation to open a casino in Flint Township. We do not believe the land they purchased in Flint Township is Indian lands. We think it's held like any other lands would be held under state jurisdiction and the township could collect taxes for the land," said James Nye, Saginaw Chippewa Tribe spokesperson.

Parker says the Flint Township project is on hold until a federal court case is settled.  Bay Mills is being sued by the state for opening a casino in Vanderbilt. The lawsuit claims Bay Mills did not have the right approvals in place.

We want to hear your opinion. How do you feel about a casino being built near the Genesee Valley Shopping Center in Flint Township?   Tell us in the comment section below.

See photos and view reader poll

Latest on Bay Mills Casino Schemes backed by Michael Malik and Detroit's Ilitch Family

The Bay Mills Indian Community owns  two casinos (Kings Club Casino and Bay Mills Resort & Casino) in Brimley (MI).

For nearly two decades, Bay Mills has attempted to get approvals to build a casino resort in Port Huron, 350 miles away from its Upper Peninsula Reservation.  Detroit casino syndicator Michael Malik (Blue Water Resorts), with support from Marian Ilitch – her family owns the Detroit Tiger (MLB) and Red Wings (NHL), MotorCity Casino and Little Caesars pizza – has been the driving force behind the Bay Mills schemes.  They’ve spent millions lobbying local, state and federal officials and benefiting the campaign coffers of politicians who they have leaned on for support.

In 1993, Port Huron voters rejected Malik’s plan to develop a Bay Mills casino in partnership with Harrah’s.

For the better part of the last decade, their schemes have centered on a Land Claims Settlement they had negotiated with former Governor John Engler in the final days of his administration.  Malik and cronies had acquired control of properties in Charlotte Beach (MI) where Bay Mills had made land claims.  Those properties were to be leveraged to gain the right to build in Port Huron.

During 2010 Bay Mills acquired properties in Flint, Vanderbilt and Port Huron (MI).

With little to lose and much to gain, the Bay Mills Indian Community opened a mini-casino in Vanderbilt (MI) on Nov 3, 2010. The 1,200 square foot facility, located 100 miles from the Bay Mills Reservation, had 38 slot machines. (Bay Mills Press Release)

On the same day, leaders of five other Michigan Tribes released a joint statement calling on the National Indian Gaming Commission, the U.S. Department of Justice, and the Department of the Interior to work together with  Michigan’s Governor and Attorney General to take swift and immediate action to close what they called an “illegal gaming operation.”

The National Indian Gaming Commission (NIGC Opinion) and U.S. Department of Interior (Solicitor's Opinion) have opined the Vanderbilt casino is not on Indian Lands and is therefore illegal.  

In December 2010, the Little Traverse Bay Band of Odawa Indians and Michigan’s Attorney General filed lawsuits seeking to shut down the Vanderbilt casino. (Petoskey News)

In January 2011, Bay Mills completed an expansion of the Vanderbilt casino more than doubling its size to 2,600 sq. ft.

On March 3, 2011, Bay Mills was ordered to shutter the Vanderbilt casino. In that ruling (Pgs 10-11), Judge Paul L. Maloney says the Vanderbilt property does not qualify as "Indian Lands" and as such is not exempt from the usual taxes, fees, codes and regulations.

A complicated and sure to be precedent setting legal challenge has ensued.  The blog Turtle Talk, Pechanga.net and Indianz.com are resources of details and updates on the court activity.

Bay Mills leaders are expected to make a presentation to the Flint Township Board on Monday, October 3rd at 7:00 PM.  It has been rumored they plan to reveal plans for another off-reservation casino on 28 acres they acquired in Flint last December. (10.03.11 | Agenda)

 Rep. Dale Kildee (D-Flint) says it is highly unlikely Bay Mills can get the approvals to open a Flint casino.

It has been reported that if the play in Vanderbilt succeeds, Bay Mills plans to convert the old Port Huron post office on Military Street into a temporary casino with 1,500 slot machines.

Eventually, Bay Mills intends to build a permanent casino and luxury hotel at Desmond Landing, where the tribe owns 16.5 acres.

Five Opposing Tribes: Grand Traverse Band of Ottawa and Chippewa Indians, the Gun Lake Tribe of Pottawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, the Nottawaseppi Huron Band of Potawatomi Indians and the Saginaw Chippewa Indian Tribe.

Who is Joann Kemp? A donor to Sen. Carl Levin who failed to disclose Employer/Occupation with her $1000 check

Campaign Disclosure Record
Joann Kemp | Sen. Carl Levin

On March 30, 2007, Joann Kemp (Mrs. William R. Kemp) of Harrison Township (MI) gave U.S. Sen. Carl Levin a $1000 check for his re-election campaign. It appears after searching FEC.gov and OpenSecrets.org, to be the only time Mrs.  Kemp has ever contributed to a federal election campaign. In giving Levin the $1000, she failed to provide details about her employer/employment and occupation as required by the Federal Election Commission. Levin's campaign reported that they requested the detail but it does not appear Mrs. Kemp has ever complied. (Original Document Filed with FEC)

Ironically March 30, 2007, is the same day that Michael Malik and Marian Ilitch, proponents of a Bay Mills Indian Community Casino in Port Huron corralled family, friends, business associates, partners, agents and fellow Bay Mills Casino supporters together to help raise almost $100,000 for Levin's re-election campaign. That following summer Levin, who had been previously disinterested in the schemes to build a Bay Mills Casino in Port Huron, announced his active support.

Fast forward....

The morning of November 3, 2010, a warranty deed was recorded with Genesee County (MI) whereby Norel Enterprises Inc. transferred a 28 acre parcel of undeveloped land in Flint Township (Dutcher Rd. @ Lennon Rd.) to Joann Marie Kemp (aka Joanne Marie Kemp). That afternoon a Quitclaim Deed was recorded whereby Joann Kemp immediately turned around and transferred the same property to the Bay Mills Indian Community. It is believed the tribe and it's developers want to establish a casino on the property.

In a further twist of irony, or perhaps not... R. Thomas Vigliotti the Detroit real estate broker who reportedly handled the transactions involving Mrs. Kemp was one of those who also contributed $1000 to Sen. Levin on March 30, 2007.

See also:

• Who is Joann Kemp? A Clinton River Boat Club Member and Harsens Island Property Owner
• Who is Joann Kemp? A resident of Harrison Twp (MI) who once owned a Palm Beach Condo

Bay Mills Indian Community purchases 30 acres of land in Flint Township | WJRT-TV

WJRT-TV ABC-12

Bay Mills Indian Community purchases 30 acres of land in Flint Township | WJRT-TV

GENESEE COUNTY -- (12/30/10)--The Bay Mills Indian Community has purchased 30 acres of land in Flint Township but has not publicly said what it intends to do with it.

The property is located at the northeast corner of Lennon and Dutcher roads. The quit claim deed for the site was recently filed with the Genesee County Register of Deeds.

The speculation is a casino could be built at the site.

The Bay Mills Tribe already operates a small casino in the northern Michigan community of Vanderbilt.