Courtesy of: http://www.ledger-dispatch.com
By: Liz MacLeod
Controversy continues to swirl around the Municipal Services Agreement between the city of Plymouth and Ione Band of Miwok Indians for a tribal casino.
The issue was discussed by the public and city council at a special meeting Aug. 24. That meeting preceded the council's regularly scheduled meeting.
More than 30 members of the public attended to hear what the council had to say about the MSA and to weigh in on the topic.
If the council supports the MSA, they risk adopting a contract that may not be monetarily sufficient and it could be viewed as implicit support for the casino project. Were the council to withdraw support, they risk getting sued by the Ione Band of Miwok Indians for breaking a contract.
"The MSA is in full force and affect at this time," said City Attorney Michael Dean. The MSA was declared invalid following litigation with the group No Casino in Plymouth, where it was decided the MSA violated the California Environmental Quality Act. The Ione Band of Miwok Indians have since appealed the ruling, which means that there is no longer an order declaring the MSA defunct.
Butch Cranford of Burke Ranch, a member of NCIP, addressed the council. He said the band of Miwoks led by Matthew Franklin misrepresents itself as the Ione Band. He said that they claim to be landless and have no ties to the area.
Plymouth resident Eleanor Faddis said that there was a bigger chance of having the casino than having it go away. She asked the council to consider what would happen if the casino came anyway and the city didn't work with them.
Plymouth resident and NCIP member Elida Malick said that the MSA is inadequate, negotiated at too low a level. She also said that the MSA could be viewed by other agencies as implicit local consent for the casino project.
Councilman Jon Colburn asked the council to withdraw the MSA and their letter of support. He said, "The letter of support is tied in the MSA to the application process."
The Ione Band of Miwok Indians still needs to file an application to trust 40 acres of land in Plymouth to the tribe.
Dean said that the MSA is a contract between the city and the tribe. Were the council to withdraw their support of the MSA, the Ione Band of Miwok Indians could sue the city. Such a suit "could stand a chance of bankrupting our city," said Councilman Greg Baldwin.
"We really are looking at a signed, legal contract," said Vice Mayor Fordyce. "We are setting ourselves up by intentionally breaking a contract."
The council said the purpose of the special meeting was to elucidate to the public some of the content of the council's discussions during closed sessions. Once all members of the council and public who wished to comment had a chance to do so, the topic was closed for discussion by Mayor Patricia Shackleton.
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