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Showing posts with label Middleboro CRAC. Show all posts
Showing posts with label Middleboro CRAC. Show all posts

Tuesday, July 31, 2012

Middleboro lost and gained when casino deal fizzled




Middleboro lost and gained when casino deal fizzled
By Alice C. Elwell
Posted Jul 31, 2012

Photos

Reynolds Middleboro mv 07292012-84565.jpg
Marc Vasconcellos/The Enterprise

James D. Reynolds drives his 1953 Ford tractor on his family’s homestead in Middleboro. A casino was planned on the land behind him.




BY THE NUMBERS

Statistics on the defunct Middleboro casino deal:
  • 539: Acres off Route 44 that was to be casino site
  • $250 million: What town would have received for infrastructure improvements
  • $11 million: Annual payments town would have received for hosting casino
[The annual amount would only be $7 million. The figure was based on erroneous assumptions.]

On a sunny day in July 2007, thousands of residents turned out for a special town meeting to approve a deal with the Mashpee Wampanoags to host a resort casino in Middleboro.

Five years later, the deal has fizzled, the Mashpee tribe is seeking approval for a resort casino in nearby Taunton, and Middleboro has been left in the dust in the southeastern Massachusetts’ gaming race.

When the tribe backed away from its agreement with the town, Middleboro lost a bundle in expected mitigation money and annual tax payments – and some officials are still steaming over the way the tribe pulled out of the deal.

Brian P. Giovanoni, who was chairman of the Gaming Study Committee and Resort Advisory Committee, estimated the town lost more than $1 billion in expected revenue over the life of the casino. The town also lost its innocence, he said. 




“All the fighting this town went through, for nothing,” he said.

But, some residents and town leaders say the town gained as well – it will not have to cope with thousands of extra cars a day pouring into Middleboro, nor the litter, pollution and possible crime associated with gamblers frequenting the town.

“We lost a lot of potential revenue, but it was a trade-off,” Giovanoni said. “We also missed out on other things, for instance, a population boom.”

Middleboro will not see its rural character threatened by a looming regional casino.

“I’m not going to miss it at all, I’m glad I don’t have to fight the fight,” said James D. Reynolds, whose family homestead would have sat in the shadows of the casino off Route 44.

After the deal was inked, Reynolds figured he would one day see a sprawling casino out the windows of his home, built on land settled in 1692 by ancestors fleeing Salem after they were jailed in the witch trials.

Even though he lived his entire life in Middleboro, and his daughter was the fifth generation to be born in the house, Reynolds was ready to leave town when the casino seemed a reality.

Now, Reynolds is glad a casino is not coming to Middleboro, but said, “Like it or not, they (the tribe) did strike a contract and they have not honored their obligation.”




That’s the view of many former and current town officials.

The Mashpee Wampanoags should ante up money each year to the town once they open a casino in Taunton – or anywhere else for that matter – said some officials.

“At the very least, the tribe should provide an annual revenue stream once the money starts rolling in at a tribal casino, say $1.5 million a year, or a percentage of the slots,” said Adam Bond, former selectman and chief negotiator with the tribe at that time.

Tribe representatives and their attorney, Howard M. Cooper, from the Boston firm of Todd & Weld LLP Cooper could not be reached for comment.

Although the tribe paid the town $1 million in preplanning money, Town Manager Charles J. Cristello said it all went towards studies for a casino.

“They are not useful to us at all,” he said of the studies.

Cristello’s biggest concern is the 539 acres off Route 44 slated for the casino and still under the tribe’s control. [Owned by a different set of Gambling Investors the Tribe also owes money to.]

“If they’re not going to do tribal gaming, why own land here? It doesn’t make sense,” he said.

In the past, Wampanoag Tribal Council Chairman Cedric Cromwell said the land would be used for economic development, but he did not return recent calls for updated information.

Town lost cash from other sources, too

The town manager said the years spent planning for a casino were not only wasted time, but also represent lost money from other sources.

Cristello said the Mashpee tribe agreed to fund $250 million for a wastewater treatment plant, upgrades to the water system and improvements to Route 44 and its rotary.

“We didn’t apply for (federal) stimulus money (for those projects), we thought we had that covered,” he said.

Giovanoni said the state backed away from spending money to fix congestion along Route 44 and at the rotary, and the Southeastern Regional Planning & Economic Development District bumped the roadway to the bottom of its funding lists.

“They didn’t want to spend money on Middleboro if the tribe was going to do it,” Giovanoni said.

Cristello said the Wampanoags got something from Middleboro they did not pay for: political leverage.

“We made them a viable entity that the Legislature and the governor had to account for,” the town manager said.

Bond agreed, saying the tribe walked away from the Middleboro deal as a legitimate player in the casino game that forced state officials to give them preference for a casino license in this region.

The gaming law allows for three resort casinos – one each in southeastern Massachusetts, greater Boston and the western part of the state – and one slots parlor for the whole state.


Casino activists JOINED TOWN GOVERNMENT

Giovanoni is philosophical, though, saying the deal brought a lot of good to the town.

Several residents who got involved in the casino controversy are now active in town government, including himself. Giovanoni is a member of the School Committee.

Longtime casino foe Michael Solimini – now a gas & electric commissioner in town – said he is relieved he won’t see a gambling complex mar the rural character of Middleboro, but added he is not happy with the way things worked out.

“The town lost its focus and devoted resources to planning for a casino,” said Solimini. “Clearly the tribe should not be able to walk away from the contract.”

Allin J. Frawley, an ardent casino opponent and now a selectman, said no one knows exactly why the tribe pulled up stakes and left Middleboro.

In May 2010, Cromwell pulled the plug on the Middleboro casino and said he was backing out of the deal. The tribe moved on to a possible site in Fall River and recently settled on a casino plan for land off Route 24 in Taunton.

Gov. Deval Patrick was expected to sign the tribe’s compact for the Taunton casino by today. The agreement will then need federal approval as well.




In the end, the battle over the fizzled deal in Middleboro, and the idea of a casino, did not sit well with many townspeople.

“The rift this tribe caused the town? I know people who moved out of town,” Frawley said. “I know people who still don’t talk to each other.”


Read more: http://www.enterprisenews.com/business/x737576792/Middleboro-lost-and-gained-in-fizzled-casino-deal#ixzz22Cua4aqO

Middleboro man was preparing to leave if casino came to his neighborhood
Jul 31, 2012
James D. Reynolds drives his 1953 Ford tractor on his family’s homestead in Middleboro. A casino was planned on the land behind him.
Marc Vasconcellos/The Enterprise
James D. Reynolds has 100 hundred chickens on his land in Middleboro. Reynolds’ family had lived in Middleboro for generations but he was ready to leave when it seemed a casino would become a neighbor.





Marc Vasconcellos/The Enterprise
James D. Reynolds’ family had lived in Middleboro for generations but he was ready to leave when it seemed a casino would become a neighbor.

http://www.enterprisenews.com/photos/x1437139705/Middleboro-man-was-preparing-to-leave-if-casino-came-to-his-neighborhood

Tuesday, June 19, 2012

Middleboro, other towns want state to listen to concerns about Taunton site





Middleboro, other towns want state to listen to concerns about Taunton site

By Alice Elwell
Posted Jun 19, 2012


Officials from neighboring communities say they are being shut out of negotiations over a proposed Indian casino in Taunton and want the legislature to reject any agreement that does not protect their interests.

Meanwhile, the U.S. Supreme Court on Monday reaffirmed a decision that casts doubt on whether the tribe can even take possession of land at the site of its proposed $1 billion casino in East Taunton.
Middleboro Town Manager Charles J. Cristello said many communities surrounding the proposed casino are reaching out to the governor, but to no avail.

“From what we’ve seen and what we’ve heard, no one is listening,” he said

On June 6, Middleboro selectmen sent a letter to Gov. Deval Patrick regarding mitigation measures that have not been addressed during negotiations with the tribe.

“Our own governor won’t even listen to us,” Middleboro Selectman Stephen J. McKinnon said Monday night regarding the casino negotiations.

In a June 14 email, state Rep. Keiko Orrall, R-Lakeville, asked Patrick to meet with neighboring communities to hear their concerns and allow them to be included in the compact negotiations with the tribe, but so far a meeting has not been scheduled.

‘‘I’d like to see that type of interest from other representatives and certainly our state senator (Marc R. Pacheco, D-Taunton). He’s all over this without any regard for the surrounding communities,” Selectman Allin J. Frawley said.

Frawley said the state has been giving several towns, including Middleboro, Lakeville, Freetown and Norton, the runaround.

“The governor’s office says talk to the gaming commission; the gaming commission says talk to the governor’s office,” Frawley said. “No one even knows what to say, even the legislators who voted in favor of it.”

In a June 12 letter to the governor, Lakeville Town Administrator Rita A. Garbitt questioned whether the impact to public safety and the town’s roadways were being addressed.

“I don’t think the gaming commission knows what they’re doing with respect to Indian gaming,” said Brian P. Giovanoni, former chairman of Middleboro’s Casino Resort Advisory Committee.

“It looks as though the only recourse for communities regionally is to get their legislators on board and make sure the compact covers mitigation.” Giovanoni said.



Judging from the comments, others remember all too well Middleboro's arrogant attitude. One might think that after all the intervening years, Mr. Giovanoni might have educated himself about Sovereignty.

Frawley questions whether the tribe will ever be able to take ownership of the land, located near the junction of routes 24 and 140.

On Monday, the U.S. Supreme Court reaffirmed its 2009 ruling that the 1934 Indian Reorganization Act did not authorize the secretary of the interior to take land into trust for a tribe that was not federally recognized when the act was adopted. The Mashpee Wampanoag tribe was recognized in 2007.

Without a land-into-trust taking, the tribe cannot take possession of the land. The court also found that the federal government could be sued for taking land into trust after the 2009 decision.


Read more: http://www.enterprisenews.com/topstories/x1222857017/Middleboro-other-towns-want-state-to-listen-to-concerns-about-Taunton-site#ixzz1yFcKBEXe

Wednesday, December 22, 2010

Dumber than dirt

When Glenn Marshall raised the specter of Middleboro's Mega Monster and promised to pave the streets with gold, create financial prosperity for all and many other things never committed to writing or enforcement, residents who asked questions were graveled to silence, deals made behind closed doors, and Glenn Marshall landed in federal prison.

Did I mention that the unions genuflected and grovelled at Glenn's promises even though there is no assurance of union hiring included in the IGA?

The flawed and inadequate IGA (InterGovernmental Agreement) the Town of Middleboro presented to town meeting voters, for most, was handed to them on the hot summer's day that they were to vote on it.

It was negotiated AFTER the poorly advertised land sale - kinda like negotiating the sales price of your house AFTER conveying the title, conducted by now retired Town Manager, Jack Healey.

Jack had been negotiating with Stephen Graham, Abramoff sidekick and Mashpee Wampanoag mouthpiece prior to the fateful 'auction' that cheated taxpayers out of a reasonable sales price at the height of the real estate bubble. Jack pretended he was 'saving the town the expense of an auctioneer' who would have widely advertised the auction and the Board of Selectmen blindly believed.

And then, there was Chairman of the Board of Selectmen at the time, Wayne Perkins who had convinced himself that 'towns with casinos don't pay property taxes.' (Mr. Perkins patted himself on the back in 'tough contract' negotiations for garnering pay raises of 36%, 3%, 3%, all while telling town residents he negotiated 3%, 3%, 3%.)

That might have convinced some that the Middleboro Board of Selectmen were without competition for the Darwin Awards.

Not so!

The Town of Mashpee sits smug, convinced of their wisdom of 'PROTECTION.'

The Town of Mashpee negotiated an 'Agreement" with the Tribe that, initially, the Town wouldn't oppose federal recognition if the Tribe agreed not to pursue the land claims that had tied up Cape land for years and, more importantly, that the Tribe wouldn't construct a gambling facility in Mashpee.

Once the Tribe gained recognition, the not-so-bright tribal leaders said "Pound Sand! We're Sovereign!" until a wiser person informed the Tribe they needed the Town of Mashpee to support or at least not oppose their land-into-trust application.

The Town of Mashpee again negotiated an "Agreement" with the Tribe duplicating the first "Agreement" that was approved by Town Meeting Voters.

Now the Town of Mashpee believes they have a valid, binding "Agreement" with a Tribe that has proven less than honorable....except the "Agreement" was never ratified by Congress!

Amelia Bingham's words were telling after her failed land challenge:

...she isn't likely to appeal the ruling. She said it's time for the tribe to assert its rights.

"We've opened the door part way. We have all the documents necessary," she said. "It's time for the so-called leaders of our tribe to take some action."

Once the land the Mashpee Wampanoags own in Mashpee is placed in 'trust,' it's time for the Town of Mashpee to once again 'pound sand' because they have no valid agreement with a "Sovereign Nation." (Incidentally, the land is Mashpee is the only land the Tribe owns.)

Watching this parade of not-very-bright, might lead you to believe it couldn't be 'bested.'

Not so!

Fall River has exceeded all expectations!

The City, lacking adequate funding because of many flawed decisions and some really poor management faces a major financial crunch that the juvenile Mayor Flanagan hasn't yet noticed.

The Mayor, more focused on photo ops and preening before cameras has frittered away limited funds in a quest to give away land to wealthy investors, repeating fanciful promises and hasn't noticed that there is NO AGREEMENT WITH THE TRIBE FOR FUNDING!

There is NO indication that any of the attorneys the City has retained have any expertise in IGRA, LIT, or Tribal Casinos.

To all of the wonderful people I have met since Malaysian Investors began foaming at the mouth for cheap land and tax free profits to ship overseas, I am truly sorry!

Until proven otherwise, Fall River's Mayor and the RDA have topped the Darwin list! Maybe some day this not very bright Mayor will even figure out that the City would get a Destination Resort Slot Barn and nothing more!

And maybe someday, the Fall River Herald News might actually raise pertinent factual issues.


Kudos to Appeals Court Judge Kafker and to Attorney Lesley Rich of Somerset!

Appeals Court judge upholds injunction against Fall River casino land deal

Fall River has many gifted, smart and dedicated individuals who would proudly serve the City and work in its best interests. There's always the next election and an opportunity to make better choices.

Tuesday, October 20, 2009

This is embarrassing

When leaders of the Mashpee Wampanoags met with Middleboro's CRAC (Casino Resort Advisory Committee), the leadership indicated that their Mega Monster would be downsized to a bingo hall.
Would someone please tell the Tribe about the SCOTUS Hawaii decision?
LIT? Think not!
Would someone please tell CRAC there are no investors?
Middleboro's CRAC should be re-named to something more appropriate. Jack Healey's Rabbit Hole comes to mind.



Tribe scales back Middleboro casino plans

By George Brennan
STAFF WRITER
October 20, 2009
Tribe leaders have dramatically scaled back plans for a proposed Indian casino in Middleboro.

At a meeting in Middleboro last night, tribe leaders told the Resort Advisory Committee that the casino will be about one-third the size of the $1 billion casino first proposed by the Mashpee Wampanoag and its investors.


The economy has forced the tribe to downsize its plans, tribal council Vice Chairman Aaron Tobey said today. That means starting out with a gambling hall in the first phase and adding a scaled back casino, about 300 rooms, in the second phase, he said.

Original plans had a resort that would rival the Indian mega casinos that rival Foxwoods or Mohegan Sun in Connecticut.

“Things change,” he said. “All indications are that a $1 billion-plus casino isn't possible. That's just common sense given the state of the economy.”

The tribe has an agreement with Middleboro to pay $7 million per year for hosting the casino and additional revenue from a hotel tax. It's a controversial deal that ripped apart the community with casino opponents saying the town isn't getting enough for hosting a casino.

Other hurdles remain in place for the tribe. They still need a way to put the 539 acres into federal trust and they reached an impasse with their investors that remains unresolved.


Monday, October 19, 2009

Middleboro CRAC Meeting with "Tribe"

Middleboro's CRAC (Casino Resort Advisory Committee), the one that's supposed to do whatever to plan for the doomed Mashpee Wampanoag Slot Parlor, will have as their guests this evening the Mashpee Wampanoag Tribal Leadership.
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Since the leadership fantasizes that a "Carcieri Fix" will solve all problems, the meeting might be worth a few chuckles.
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Note to some: The Hawaii SCOTUS decision ended LIT, the Tribe no longer have a federal bureaucracy foolish enough to invest the $400 million or thereabouts for infrastructure improvement and the Tribe is of no value to commercial investors to avoid state taxes and regulations. Ooops!