Indian band
needs casino money before beginning development on
by BERT WILLIAMS,
News EditorWindsor Times 4/7/04,
p.1, 11
Amid
reports of ongoing negotiations between the governor and the Lytton Band
of Pomo Indians over gaming at its proposed
The
Lytton Band expects eventually to acquire the 50 acres along the south
side of
Bob
Crawford, who lives just up the street from the property, said last week
that he hasn't heard anything recently about the Lytton Band's plans for
the property. "We're just waiting for the other shoe to drop," he said.Nearby
neighbors say they are concerned that the Indians' use of the land will
not be subject to zoning provisions of the county's General Plan. They
also express frustration that they cannot get more information about the
plans their potential neighbors have for the property.
Debbie
Bailey lives on 2.5 acres, three doors down from the 50 acre parcel. "What
bothers me most," said Bailey, "is that a group of people could move in
and not abide by the rules that we have to abide by."
According
to Crawford, who owns four acres just west of the 50 acres, representatives
of the band "have tried to cast us as bigots who just want to keep the
Indians out."
He
cited, as an example, a sign that neighbors erected in 2001. Near the top
of the sign in large print the word "reservation" was preceded by an equally-large
blank space. Cohen theorized that neighbors may have thought that "it would
somehow be more politically correct" if they whited out the word "Indian"
before "reservation."The sign warned,
among other concerns, about property devaluation resulting from the development."Why
will one high-quality home per acre in a development clustered to avoid
taking out oaks 'devalue' neighbors property?" Cohen asked. "It's not about
the whited out word is it?"
Crawford
and Bailey both say that neighbors are not prejudiced against Indians."We
are a multi-racial, multi-religious neighborhood," said Bailey. "Use the
land in accordance with the county's General Plan and we'll all be thrilled."Neighbor
Bill McCormick, whose home is on a 3/4-acre parcel between Crawford and
Bailey, is a geologist with Santa Rosa engineering firm Kleinfelder Inc.
McCormick said that "overuse" of the land west of his property is his primary
concern.
"From
an environmental, practical engineering viewpoint, we're opposed (to their
plans)," said McCormick. "I have told them, 'If you want to come in and
build 10 houses there, I'll be the first to bring the fruit basket and
welcome you.'"The county zoning
ordinance requires that a house be built on no less than five acres. "You
couldn't get a septic approval now on one acre anywhere in the county,"
said Crawford, referring to the band's plan to build one home per acre
on the land.The neighbors say they
are concerned about traffic, water supply and wastewater treatment for
the proposed development.
Building
a wastewater treatment facility on the 50-acres is problematic, according
to McCormick. The ground in the area absorbs very little water, he said,
and he noted, "You could barely get it to pass a perc test for one house
on five acres."McCormick said that
test holes dug years ago on the property often hold standing rain water
until July."Everything they do there
is going to run onto someone else's property," insisted McCormick. "The
majority of the property drains right across here." McCormick gestured
toward a small creek that runs through the Bailey, McCormick and Crawford
properties. "It's a seasonal stream. It's dry in the summertime, but it
gets about 20 feet wide during a rainstorm."McCormick
said the neighbors are also concerned about the local water supply. New
wells to provide water for 50 families could draw down the water table,
with consequences to existing wells in the neighborhood, he said.
The
neighbors admit they are short on specifics about plans being made by the
Lytton Band. They say band members won't talk to them."Since
they're not communicating with us, we're in the dark," said Bailey.
"We
have tried to contact them," said McCormick, "but their lawyer insists,
'We only talk lawyer to lawyer or government to government.'""We'd
love to sit down and talk with them," said Crawford."
Last
week the Times attempted to contact the Lytton Band's Chairwoman Margie
Mejia. The receptionist at the band's headquarters near Coddingtown Mall
explained that Mejia was at a conference in
The
band's Sacramento-based media representative, Doug Elmets, said he hoped
that "at some point in the future" Mejia might be available for comment,
but that the sensitivity of negotiations with the governor made that currently
impossible.
Attorney
Cohen said he would pass on to Mejia the Times' request for a meeting,
but he noted that band members are usually reticent to comment publicly
because of bad experiences in the past.
"Some
of the neighbors have been abusive," he said, "They've been abusive at
the Town Council, on the phone and in the press." He added that the abuse
came from a small minority.
Cohen
went on to say that the experiences have been difficult enough that Lytton
Band members do not want to subject themselves to further pain. He noted,
for example, that when the Indians have claimed there were no new developments
to report about the property, neighbors accused them of lying.
Cohen
said that, in fact, there are no new developments to report about the
The
band does want to move ahead with plans for the
"There
will be no action until a lot of money comes from the casino," Cohen said.
Once
money is available, the band will hire engineers to do a thorough site
assessment. All the neighbors' concerns, including water supply, wastewater
treatment and traffic impact, will be addressed, Cohen said, noting that
the site assessment must be done under NEPA (National Environmental Policy
Act) guidelines."NEPA will not allow
the tribe to do the things the neighbors say they are concerned about,"
Cohen insisted. He also pointed out that the public will be given the opportunity
to review and comment on all the environmental documents that grow out
of the site assessment process.Cohen
noted that there are ways in which the town can benefit from the development
of the property. He cited improvements to public roads as an example.
Cohen
said connecting the development to the town's water and sewer systems would
resolve some of the important environmental concerns relating to potential
development.
"There
are a lot of things that the tribe could do by way of incentives" for the
town, he observed, suggesting, as an example, the possibility that the
band might make a contribution to the town's proposed aquatic center.
Cohen
said one reason band members are not talking to neighbors now is the fear
that, at some point in the process of developing the land, litigation may
be brought against them. They do not want inadvertently to say something
now that might compromise a future court case, he said.
"Right
now there isn't any information to share, and nothing to be gained by talking,"
he said. Cohen noted that the band has worked very hard to gain the confidence
of local officials and citizens in
"They
will do the same in