January 31, 2002

Governor John A. Kitzhaber
254 State Capitol
Salem, Oregon  97301

ATTENTION:  Danny Santos, Legal Counsel to the Governor

Dear Governor Kitzhaber:

We appreciate the time you are taking to listen to our concerns over the potential for the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians (Tribes) to develop a casino on their land holdings near the eastern limits of the City of Florence.  Thanks, too, for your review of our earlier letters.

It is our understanding that you have been asked by the Tribes to re-negotiate an existing compact for Casino development.  It is also our understanding that you have yet to make a final determination whether you will appeal the December 5, 2001 Ruling of the United States Bureau of Indian Affairs granting Restored Lands status to the hatch Tract.  We look forward to learning your decision on the appeal and, pending that decision, look forward to working with your office in the sharing of community concerns over the potential development of a casino on our eastern boundary.

In looking toward your discussions with the Tribes over the re-negotiation of their compact, the Mayor and City Council plead for an entrance into those discussions.  The size, location and nature of Florence make this community especially vulnerable to possible negative impacts of any major development.  A casino, drawing large numbers of people to a small area and the likelihood of concentrated nighttime activity, will very probably cause a significant impact on local service demands.  With these thoughts in mind, we would ask that a significant condition of any re-negotiated compact be the presence of a separately negotiated agreement between the Tribes and the City of Florence.

An agreement such as this could very well create a synergy between the Tribes and the community and further an understanding of what both needs and responses will be.  Among the items that beg to be considered are:

An agreed upon revenue stream to support the required increase in public safety services in Florence.  Although any casino would technically lie outside City limits, existing infrastructure will be heavily taxed by the increase in traffic that a casino wills spawn.  The City asks for financial support for two full time police officers, with the opportunity to increase that number if demand can be demonstrated and documented.

A commitment to provide substantial funding for social relief agencies in Florence, such as the Siuslaw Area Womens' Center and the Boys and Girls Club of Western Lane County.

Agreement for the Tribes to develop neither lodging (hotel/motel) nor convention/ meeting facilities for ten years.  This issue is sensitive because the City has developed, at some public risk, a convention center and theater.  The community is also encouraging the development of a common site hotel to fortify the convention center offering.  It is viewed that this development must occur in order to guarantee the success of the center and to increase overall lodging activity.

Minimize food services offerings so as to have minimum impact on existing food service enterprises in the community.

Minimize retail offerings for similar reasons.

Avoid offerings that would compete directly with publicly available services, such as the "Rhody Express," a local public bus service.

Mitigate impacts on nearby properties, especially those that are residential in nature.

Appropriately construct/re-construct approaches and the intersection of Highway 126 and the North Fork Road, subsequent to ODOT and local approvals.

Conduct the development process under the aegis of the City of Florence, using City staff for construction inspection, engineering authorizations and other appropriate local construction and development services.

Support the efforts of the City to modify its Comprehensive Plan to expand the Urban Growth Boundary easterly to the west bank of the North Fork of the Siuslaw.  It is understood that any such Plan modification will necessitate appropriate approvals from the Land Conservation and Development Commission.

Agree to connect to City provided water and sewer utilities, paying appropriate system development charges and extension costs.  Collaboration of this nature is seen to reduce costs for all parties and to provide for appropriate stewardship of finite resources.

The above are present and obvious examples of community concerns that relate to any significant development.  They are most important to clearly outline in any agreement for the development of a casino.  We trust, too, that you will give careful attention to the special service demands that gambling creates - such as effective education campaigns that caution against addictive gambling and the provision of support for remedial programs for the specific problems that will occur.

Thank you again for your attention to the concerns of the people of Florence.  We understand and appreciate the difficulty of your job.  We wish you well.

Sincerely yours,

Rodger L. Bennett
City Manager

Copies:    Mayor and Council