PRESS RELEASE Letter From BOS to Gov, AG, Assem & Senate 2.23.16 (1)

7/21/2019 PRESS RELEASE Letter From BOS to Gov, AG, Assem & Senate 2.23.16 (1)

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February 23, 2016

The Honorable Andrew M. CuomoGovernor of New York State

NYS State Capitol Building

Albany, NY 12224

Attorney General Eric T. Schneiderman

Office of the Attorney General

The CapitolAlbany, NY 12224-0341

Majority Leader John J. Flanagan New York State Senate

State Capitol Building, Room 330

Albany, NY 12247

Speaker Carl E. Heastie New York State Assembly

Legislative Office Building 932Albany, NY 12248

Dear Governor Cuomo, Attorney General Schneiderman, Majority Leader Flanagan, and

Speaker Heastie:

Madison County would like to clarify its intent in seeking the adoption of S5670 and A7844,“AN ACT to amend the executive law, the Indian law and the state finance law, in relation to the

sharing of revenue from gaming devices located within the county of Madison.” The State of New York recognizes that “[w]hile legalization of casino gambling may provide significant

benefits …, there is no question that casino legalization will impose significant burdens on theinfrastructur e of its hosts.” Accordingly, the State has adopted a policy of sharing 25 percent of

the revenues it receives pursuant to tribal-state compacts with “host” counties. Similarly, the

State’s recent Destination Resort Gaming legislation codifies its revenue sharing policy bymandating similar mitigation payments to host municipalities for non-Indian casinos as a

condition of approval.

MADISON COUNTY BOARD OF SUPERVISORS

JOHN M. BECKER 138 N. Court St., PO Box 635

Chairman Wampsville, NY 13163

MARK SCIMONE Phone: 315/366-2201

County Administrator Fax: 315/366-2502 CINDY URTZ

Clerk



In June 2015, the Oneida Indian Nation opened the Yellow Brick Road Casino in Chittenango,

Madison County, New York. In the normal course, Madison County would receive 25 percent of

the revenues the State receives from the Nation from revenues generated at the Yellow BrickRoad Casino to mitigate impacts. This case, however, has been unnecessarily complicated by

misstatements about the historic 2013 Settlement Agreement that Governor Cuomo brokered

between Madison and Oneida Counties, the Nation, and the State.

We say “unnecessarily complicated” because S5670 and A7844 do not conflict with or modify

the Governor’s histor ic settlement in any way. The 2013 Settlement Agreement resolved several

contentious disputes regarding tribal land acquisition, property taxes, sales taxes, and regulatoryauthority regarding land in Oneida and Madison Counties. Pursuant to that settlement — and

consistent with the State’s revenue sharing policy— the State committed to pay Oneida County

25 percent of the revenues it receives from the Nation from gaming, which at that time was

limited to the Turning Stone Resort & Casino located in that county. The 2013 SettlementAgreement did not, however, anticipate the possibility of the Nation opening a casino in Madison

County and is silent with respect to that eventuality. Working with the Governor’s

representatives and our legislators, the County has proposed S5670 and A7844 to address thatoversight, so that it too can receive the same mitigation payments all other host counties receive.

It has recently been suggested that the legislation breaches the 2013 Settlement Agreement, but

that is not correct. The legislation Madison County has proposed does not amend the SettlementAgreement itself, nor disrupt the commitments made therein. Specifically, S5670 and A7844

would not alter or reduce the revenues to which Oneida County is entitled: any payments to

Madison County would come exclusively from the State’s share of gaming revenue generated byOneida Nation gaming in Madison County only.

Frankly, it is unclear to us why there should be any local opposition to legislation that would

benefit the entire region. The host payment that Madison County seeks would be reinvested ininfrastructure and programs, which benefit not only County residents, but also the Nation and

neighboring jurisdictions.

Madison County reiterates its full commitment to the 2013 Settlement Agreement and stresses

that the legislation does nothing to alter the terms of that agreement. The County has pursued

S5670 and A7844 for the sole purpose of obtaining the host payments the State has concluded, asa matter of policy, are necessary to offset infrastructure and other impacts associated with

gaming expansion. The County hopes that it can rely on your continued support and is happy to

address any questions or concerns about its proposal.

Sincerely,

Madison County Board of Supervisors

John Salka, Brookfield William Zupan, Cazenovia Daniel Degear, DeRuyterClifford Moses, Eaton David Jones, Fenner Paul Walrod, Georgetown

Eve Ann Shwartz, Hamilton James Goldstein, Lebanon Joseph John Pinard, Lenox

Darrin Ball, Lincoln Ronald Bono, Madison Roger Bradstreet, NelsonRichard Bargabos, Smithfield Alexander Stepanski, Stockbridge John Becker, Sullivan

Scott Henderson, Oneida John Reinhardt, Oneida Joseph Magliocca, Oneida

Lewis Carinci, Oneida



Cc: Anthony J. Picente, Jr., Oneida County ExecutiveMembers, Oneida County Legislature

Alphonso David, Esq., Counsel to the Governor

Joseph Griffo, NYS Senate, 47

th

DistrictDavid Valesky, NYS Senate, 53rd

DistrictAnthony Brindisi, NYS Assembly, 119

th District

Marc W. Butler, NYS Assembly, 118th

District

Ken Blankenbush, NYS Assembly, 117th

DistrictWilliam Magee, NYS Assembly, 121

st District

Claudia Tenney, NYS Assembly, 101st District

Gerald Fiorini, Chairman, Oneida County Board of Legislators

Peter M. Rayhill, Esq., Oneida County AttorneyS. John Campanie, Esq., Madison County Attorney

PRESS RELEASE Letter From BOS to Gov, AG, Assem & Senate 2.23.16 (1)

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