Sullivan rolls the dice and five is a winner

County endorses Pataki casino plan

By DAVID HULSE

MONTICELLO, NY — With a packed hearing room and media from around the state watching them, the Sullivan County Legislature conditionally endorsed Governor George Pataki’s Indian land claim settlement legislation that could bring as many as five Native American casino resorts to the county. The February 10 vote was 6-3.

The amendments to the legislation sought as conditions included complete environmental reviews, indemnification against the non-payment of mitigation fees and the county’s right to advise and offer input to any board overseeing the casinos.

The resolution also required “enforceable” agreements “to mitigate impacts …on the county,” and lastly, a catchall commitment by the state for cooperation and assistance in completing I-86 and “dealing with other issues,” related to the projects.

The vote came on a resolution introduced by Greg Goldstein and seconded by Leni Binder.

Each of the legislators spoke to the issue before the vote.

Proposing the resolution, Goldstein said, “It’s time for this. It’s been 30 years…. Let’s see one and go from there.”

Most undecided votes turned into “yes” votes. Jonathan Rouis detailed the Indian’s agreement to pay sales tax and mitigation costs as supporting reasons for his support. “There’s never been such an opportunity and a great challenge…. This is the best opportunity for ongoing prosperity,” he said.

Leni Binder commented on personal criticism she had endured from afar during the casino debate. She said that before characterizing her, “It’s sad that people haven’t tried to meet me.” She said further study would satisfy no one unless the findings were negative and reminded all that she has repeatedly campaigned as a casino supporter in past elections. Noting that some critics meant to threaten by saying that legislators would be remembered for this vote, she said it was “a legacy.”

Ron Hiatt said he did not want to second-guess the governor, but would have voted to table, if a motion was made. (Kathy LaBuda later did move to table and the motion failed 5-4, with Hiatt’s support.) Hiatt didn’t see gambling as a bane to other industry nor did he believe the legislature should be involved in morality issues. Hiatt said there were unresolved issues although he saw progress, “with the leverage we have now.” Still, “I can see which way the votes are going, so I will vote in the affirmative,” he said.

“The county must get out of the holding pattern it has been in for years,” said Jodi Goodman. She was certain that if the state provided the additional concessions, conditional in the resolution, that these efforts would safeguard the county.

“We’ve done our homework and searched our souls,” Sam Wohl said. He wanted his progeny to be able to look back at this decision and say, “Good job, Sam.”

LaBuda said she was uncertain that the casinos benefits outweighed the detractions. “We’ll be stuck with jammed roads and ever growing school populations…. The state’s bailout should not be paid for by the people of Sullivan County,” she said. “If casinos are so great, why doesn’t [Pataki] put one next to the governor’s mansion?” she added.

Rodney Gaebel said that the responsible thing to do is to negotiate these [conditional] issues prior to voting. “I don’t believe in ‘we’ll do this, if you do that,’” he said. “Our power rests in the approval for five [casinos]. I’d ask my colleagues to consider that,” he said.

In the past, Cunningham was the only opposing voice against casinos and he remained opposed. He said the governor opened a Pandora’s box in upping the measure to five, as it weakened support and raised unanswered questions. He felt there was “not a lot,” in the legislation for the county and that voting now was a bad negotiating strategy. “…Trying to add caveats—it’s hard to negotiate after the fact,” he said.

The decision was made despite the leadership’s open dissatisfaction with the state legislation authorizing the casinos and their frank admission that the draft bill contained little of the negotiating points that legislators discussed with the governor’s staff less than two weeks earlier. Cunningham, Majority Leader LaBuda and Minority Leader Gaebel provided the three opposing votes.

Congressman Maurice Hinchey echoed their concerns in a February 9 letter to Cunningham urging the panel to delay its decision. Hinchey wrote that he was disappointed “that the governor chose to ignore many, if not all,” of the recent concerns the county voiced and that the resulting legislation “falls short of adequately addressing the needs” of the county and discounts the state’s role in helping the county meet the challenges “as host to these proposed casinos.”

Hinchey went on to say that in order to win those needs, the legislature must remain “tireless advocates,” and that their failure to do so would greatly diminish the efforts of all who would support them.

But the vote also came with the whole-hearted support of regional labor organizations, economic development groups, local business interests and private citizens who saw it as the answer to some 30 years of county lobbying for gambling. Trade union employees again swelled the audience numbers in the room and joined in the applause at the conclusion of the voting.

Thompson Supervisor Tony Cellini, who earlier voiced some reservations at expanding gambling to five casinos, said he was “very pleased” after the vote. “We’ve worked for this for 30 years,” he said.

It came despite the opposition of religious leaders, environmentalists and residential property owners who in some 90 minutes of preceding public comment again charged that gambling was immoral and a threat to the county’s quality of life. Some, including Cunningham, took solace in upcoming state legislative hearings on the proposal. “The discussion is not over.”

But LaBuda said she could not help having the feeling that “we’ve just given away the farm.”

State senate to hold hearings

State Senator John Bonacic, who is chairman of the standing Senate Committee on Housing, Construction and Community Development, has scheduled hearings by his committee relating to Governor Pataki’s proposed casino legislation.

In a February 9 announcement statement Bonacic said, “The governor’s sweeping land claim settlements addresses an issue which has been a source of discontent for decades in this state. He deserves tremendous credit for his efforts to bring these land claims to closure. It is my intent to provide the public with the opportunity to comment on the terms of the land claim settlements and their impact on communities across the state.

The senator said that the community development impacts of the casino settlements “will bring finality to concerns of property owners in land claim areas but will also have significant impacts in those areas where casino gaming will occur. Ensuring those impacts are fully heard by the members of the legislature, and Congress, is important,” Senator Bonacic said.

Bonacic indicated he would invite representatives of New York’s Congressional delegation to be part of the public hearing process. “Congressional action on the land claim settlements is, perhaps, more important than state action since Congressional action is needed to extinguish the land claims. I also want to emphasize that it is important that the hearing process be timely, so that in the event the legislature and Congress do want to move forward, we can do so expeditiously,” Senator Bonacic said.

The hearings’ agenda topics include:

• The impact on the communities where land claims exist;

• The terms of the settlement agreements reached by the governor’s office and the various tribes;

• The legal basis for determining whether a tribe is “in-state” or “out-of-state;”

• Anticipated revenues for casinos and the basis for determining those revenues;

• Sales tax parity;

• The community impact on five casinos in the Sullivan/Ulster region including schools, transportation housing and law enforcement;

• The use of $15 million per tribe impact fee; and

• The use of the proposed state-created Catskills-Shawangunk fund, where that fund may be used, how it would be disseminated, how its use would change as local needs change, the amount of fund and its duration.

Senator Bonacic indicated that he would invite testimony from representatives of the county legislatures from all impacted counties, law enforcement, Sullivan County BOCES and experts on growth impacts in the schools, the governor’s land claim negotiating team, the NYS Department of Transportation, the Bureau of Indian Affairs, the construction industry, local law enforcement, the AFL-CIO, Gamblers Anonymous and the tribes.

Hearings are scheduled on February 28, in Albany, at the Legislative Office Building, Hearing Room A, at 11:00 a.m., and on March 3, in Monticello, at 11:00 a.m. at a location to be announced.

“The purpose of these hearings is for the Senate Committee overseeing community development across this state to receive substantive testimony based on facts and opinions logically developed by facts. Hearings should be about substance, not political theater,” concluded Senator Bonacic.

Casino Free Sullivan is sponsoring a free bus and lunch to Albany for the hearings on February 28. For more information call 845/434-2284.

Click here for a pdf of Pataki's casino legislation.