Copyright, The Amador Ledger-Dispatch 2008

Plymouth may talk to tribe

By Jerry Budrick
5/27/2008

As time grows short for commenting on the Ione Band of Miwok Indians' draft environmental impact statement, pressure has been mounting on the Plymouth City Council to enter into negotiations with the Miwoks.

On Thursday, council members agreed to form an ad hoc committee to discuss the tribe's controversial gaming proposal, but it would be a committee with a different goal than outlined in the agenda's language.

The night before, members of the community attended a comment workshop on the EIS staged by the Bureau of Indian Affairs at the Plymouth Fairgrounds. The tribe's draft EIS was published in the Federal Register on April 18, kicking off a 45-day comment period that will result in a final EIS. Brian Kaveney, a spokesman for Congressman Dan Lungren (R-Gold River), said the congressman received a letter from the BIA on May 15 declining to grant an additional 25 days for feedback.

At stake is whether the tribe secures land into trust that would be eligible to construct a 120,000 square-foot gaming complex and 250-room hotel, a prospect the county has been trying to prevent for years. With the release of the tribe's draft EIS, viewable at www.ioneeis.com, pressure has increased for local officials to meet with tribal members and possibly discuss agreements that would address the environmental impacts of a large casino project.

Interim City Manager H. Dixon Flynn recommended that the committee should be made up of two county representatives and two Plymouth council members. City Attorney Shasta Greene reminded the council that an earlier committee with a similar mission had been forced to negotiate under public scrutiny under the rules of the Brown Act. By limiting committee membership to two council members, fewer than a majority of the council, confidential discussions would be allowed.

Ione Band of Miwok Indians Chairman Matt Franklin offered some suggestions as well. "We see other developers come in and get meetings with the city," Franklin said. "We feel that we should be treated the same way. We would like to see this committee formed."

"Don't miss an opportunity to get help for Plymouth," added Plymouth resident Leedy D'Agostini.

In answer to a question from No Casino in Plymouth member Walt Dimmers about whether the meetings would be government to government, Councilwoman Pat Fordyce questioned the wording of the agenda item. As it turned out, Fordyce and others had apparently been under the impression that the committee under discussion would be made up of city, county and tribal members.

That matter was clarified by Flynn, who explained that the committee would consist of two city council members and two county supervisors. He went on to say that the committee might direct him to communicate with the tribe.

Comments from residents alternated between support and opposition.

"Two supervisors called me to tell me to tell the council to take care of the city of Plymouth," said Maria Nunez Simon, who belongs to Citizens for Public Awareness, which favors talks with the tribe. "Your citizens are begging you to protect us."

But, said Burke Ranch resident Dick Minnis, "It's putting the cart before the horse to negotiate with the tribe before the EIS is final."

Greene offered a compromise. "This could have been written into two separate parts," she said, "one to appoint ad hoc committee members and a second part to give direction to Dixon to have discussions with tribal staff."

Greene also provided some definition with her statement, "The nature of an ad hoc committee is that it has a limited scope and purpose." The limited life of ad hoc committees was also discussed, with 60 days suggested as reasonable for this one.

Councilman Mike O'Meara's absence caused some consternation. Mayor Jon Colburn spoke of appointing himself and O'Meara to the proposed committee. This proposal didn't appear to meet with universal approval.

In the end, the council voted to approve creation of the committee. Colburn appointed himself and Councilman Greg Baldwin to the committee.

Asked by Colburn if he was absolutely clear about the ad hoc committee decision, Flynn responded, "I understand that the ad hoc committee has been formed and I have not been directed to communicate with the Miwok Indians."