Residents speak up on proposed tribe deal

DeKALB - More than 30 people spoke Monday during a public meeting to voice their support or concerns about a proposed intergovernmental agreement between the DeKalb County Board and the Prairie Band Potawatomi Nation that, if approved, would spell out how the two governments would work together if a tribal gaming facility is built near Shabbona. Reservation status is needed for the Potawatomi to build the facility as it is currently proposed. A federal land determination by the Indian Gaming Commission is pending. County board Chairwoman Ruth Anne Tobias said the government has told the county a ruling is unlikely to come before the year's end. At least 100 people came to the meeting, which was held at the DeKalb County Rehab & Nursing Center. It was intended to provide feedback to county board members, who are expected to vote on the proposed agreement Feb. 20. Nineteen of the 24 board members attended. The proposed agreement centers on a 24-hour electronic bingo hall the Potawatomi want to build near Shabbona on 128 acres the tribe purchased for $8.8 million in April 2006. The tribe claims the land is part of 1,280 acres given to Chief Shab-eh-nay in an 1829 treaty. The Pota-watomi, descendants of Shab-eh-nay's band, claim their rights to the land were never extinguished, making the land a reservation. Of the 32 speakers at Monday's meeting, nine spoke in favor of the proposal. At least two were members of the tribe, who promised to be good neighbors and stewards. Three were representatives of construction-related unions from throughout northern Illinois and said a gaming facility could bring much-needed work to union members. Many of the other speakers asked questions about the content of the proposed agreement, arguing that the language was vague, that the county would have no way to enforce aspects of it, that it poses no limit on how many machines could be in the facility and that it lacks basic rights for employees. Speakers also wanted to know if tribal land would be subject to the same laws - such as liquor insurance laws and public health and safety laws - as other municipalities in the county. Jim Johnson, supervisor of Shabbona Township, called the proposal a “good framework” for an agreement but noted that a payment in lieu of taxes was worrisome, saying the county is “basically changing the statutory process for dealing with assessments.” Julie Rowland, a seven-year resident of Shabbona, wanted to know if each taxing body had to come up with its own agreement to receive payment in lieu of taxes. Rowland said she works for the Indian Creek School District but said she was at the meeting as a private resident and not on behalf of the district. In response, DeKalb County State's Attorney Ron Matekaitis said later in the meeting that other taxing districts will get what they would get if the owner of that land was receiving a standard property tax bill. Liquor liability insurance is required, as is dram shop insurance. Other speakers talked emotionally about preserving the small-town atmosphere of Shabbona that could be lost and of concerns about the effect the increased traffic would have on roads. Some expressed fear the bingo parlor would eventually become a full-fledged casino, something Potawatomi Tribal Chairman Ray Kitchkumme denied. The tribe wants to build a “modest bingo hall and community center,” which hopefully will provide local businesses with new patrons, he said. “Our intention is to have a comprehensive and mutually beneficial partnership,” he said. Mike Rossetti, one of the tribe's lawyers, said an expansion of gaming would be negotiated with the state. “There is no notion that it will be,” he added. “If the state had an interest in a Class 3 gaming facility, we might not be having this discussion.” Other speakers talked about the social impacts of gambling and questioned whether the county is ready to deal with the potential onslaught of people who could need counseling. Several categorized the proposal as revolving around money. “There are a lot of dollar signs floating around here,” said Shabbona resident Mark Mortell. “It seems like it's all floating around the dollar.” Governments provide services, Rossetti said in response later in the meeting, and this is what the agreement is. “This is the place where the money and principles merge,” he said. “We'd be happy to have an agreement that just talks about principles. That's not how local units of government work. This is a concrete and practical application of how governments work with each other.” Several speakers asked the county board to continue working on the proposed agreement, noting this was the only time they would have a say in the matter and that the land determination decision is months away. Ed Leeney, a 20-year resident of the Shabbona and Waterman area who lives about a mile and a half from the proposed location of the gaming facility, said it was the federal government's fault for not resolving before now whom the land belongs to. While he said he understood that the county board needs to protect the interests of the county, Leeney argued that an agreement could indicate to the federal government there is public support in DeKalb County for the facility. The county has been negotiating with the tribe since April 2007 on the intergovernmental agreement as an “insurance policy of sorts,” Matekaitis said, that protects the county's interests. If the federal government were to determine that the land is a reservation and no agreement was in place, the tribe would be under no obligation to forge one, he said. If the judgment were that it's not a reservation, the agreement would become null and void, he added. Matekaitis said residents need to look at the agreement as a whole, not just one provision. “The agreement is a compromise, and it never will be, nor should it ever really be, a perfect agreement from either party's side,” he said. City Editor Kate Schott can be reached at kschott@daily-chronicle.com.

On the Net The proposed intergovernmental agreement between the DeKalb County Board and the Prairie Band Potawatomi Nation can be viewed at http://www.dekalbcounty.org/ PBPN/ pbpn_index.html.