Bellicose Bumpkin

Senator Marc Pacheco came to the Middleboro Board of Selectmen meeting on 3/8/2010 to answer charges that his legislation was intentionally leaving Middleboro out of the running for a casino. Pacheco went so far as to say that anyone who says such a thing is lying.

Strong words.

Here are my issues with Pacheco. He was a total no-show during Casino Summer ‘07. Many of us called, emailed, and sent letters and got nothing but canned responses when what we needed was leadership. His appearance now seems like an election year attempt to do damage control. He still has not clearly stated his position on a Middleboro sovereign indian casino – which makes me think he’s against it.

Pacheco is unapologetically pro-gambling – which is fine. At one point he stated that expanded gambling in Massachusetts would produce $1B a year in revenue. A wild number that far exceeds even what Governor Patrick was floating in 2008 for his three casino plan. Patrick’s numbers were heavily criticized as being overly optimistic – by a factor of two according to an MTA study.

If Pacheco came to Middleboro and said, “I’m pro-gambling and fully support a sovereign indian casino in for these reasons …..” I wouldn’t like it but I’d respect it. Rep. Tom Calter came here – stood in front of both CFO and the Middleboro BOS and stated his position relative to a sovereign indian Middleboro casino in clear and direct terms. That makes me want to vote for Calter whereas Pacheco’s appearance accomplished the opposite. Sure if he’s going up against a teabagger, this lifelong liberal Democrat will probably vote for him. But I may cross party lines for the first time since the horrible Gingrich years if there is a reasonable opponent. That could all change if he addresses this question in unequivocal terms: Do you support a sovereign indian casino in Middleboro?

My last issue, or at least the last one I feel like mentioning is his verbosity. He was here to say – “My legislation does NOT omit Middleboro from possible casino locations despite what some people and some newspapers have said”. He took almost 40 minutes to say something that could have been said in less than 5. I seriously doubt anyone is going to get through all 4 videos due to the unengaging and repetitive monologue Pacheco subjected the BOS to. I know that sounds mean but it’s true. I have a newfound respect for the BOS’s patience and above all their ability to stay awake after seeing this.

And my real last issue was his answer to a question by resident Mike Solimini. Solomini asked why states with a lot of casinos like Nevada and Florida have higher foreclosure rates than Massachusetts. Pacheco answered “They would have a higher foreclosure rate for they’re much larger”. Clearly he was confusing “rate” with “quantity”. This was a simple, clearly stated question that Pacheco failed to understand and answer. Boo hiss. At 3:30 of part four is a question about donations from gambling interests from Allin Frawley followed by Solimini’s question.

Mr. Pacheco – you should do a podcast with me. It would really up your Internet street cred and give you an unscripted forum to show your stuff and address this issue directly.

Pacheco at BOS – Part 1

Pacheco at BOS – Part 2

Pacheco at BOS – Part 3

Pacheco at BOS – Part 4

On your average day, I get up with no particular thought about what, or even if, I’ll post on my blog. I read my email which includes a handful of google alerts. By the way – if you have google alerts for yourself, you are probably a socio-path – but I digress. A lot of my posts come from my morning read of the news: I read something that ticks me off or piques my interest and hit the keys to post about it.
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In that last couple of days there have been articles about DeLeo’s plan to introduce 6 casinos in Massachusetts – a plan that hasn’t been vetted to see if it makes economic sense. In many of these articles there is the obligatory quote from the Mashpee Wampanoag about how this legislation makes their already inevitable(guffaw) casino even more inevitable. Super duper inevitable I guess. Today is no different. In this Globe article we have:

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Cedric Cromwell, chairman of the Mashpee Wampanoag tribe, released a statement saying, “Once gaming is expanded, we intend to move forward with our plans to build a full resort-style casino in Southeastern Massachusetts under the rights afforded to us as a sovereign Indian tribe.’’

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I have no particular bone to pick with the Mashpee Wampanoag though I do have some issues with their leadership over the last few years. I guess that started when they elected a lying rapist embezzling valor-stealing flim-flam man and sent him to Middleboro to tell my town that they were going to put a casino here whether we wanted it or not and rushed the Middleboro into a deal that gives insufficient compensation to cover the effects. All that said, I don’t dislike the Mashpee Wampanoag or even their current leadership. I even like them in a Stockholm Syndrome kind of way. And since I do, I feel required to say this.
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Dear Cedric,
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I know that you want the best for your tribe – I get that. But I have to tell you that you just look uninformed when you make statements like this. I don’t know if you’ve heard, but you can’t move ahead with any casino without a Carcieri fix. Even if there is a Carcieri fix, there are numerous hurdles to overcome not the least of which is the Fifth Circuit court decision in Kickapoo(love that name) v Texas that says the state cannot be compelled to enter into a compact because it would be a violation of state sovereignty.
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If you’ve read the writing on the wall like I have, you know that the state of Massachusetts has no interest in giving you a sovereign casino and has no intention of doing so. As evidence of that refer to the 100+ pages of objections that the state submitted in opposition to your land into trust application. Also refer to proposed legislation that says that any preference for a tribal casino would require that you have sovereign land(you don’t) that is eligible for gaming under IGRA(you don’t) and that you waive sovereign rights.
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Your carefully prepared statement says that you plan to build in “Southeastern Massachusetts”. If you intended to build in Middleboro, you would have said “Middleboro” .. but you didn’t. My town has spent a lot of time and effort supporting this casino and I think you owe it to us to be honest and tell the Board of Selectmen that there is no way Middleboro is getting a casino and that the deal in place is unworkable because of the $250M in infrastructure it requires(Thank you Ruth Geoffroy. Thank you, thank you, thank you.). But most of all Cedric, I honestly want you to stop embarrassing yourself by statements like this. You are not in position for a sovereign casino and it’s doubtful that you’ll be given a commercial one since there is a line of experienced casino operators in front of you. The best thing for your people and mine is to admit that this turkey is done and move one.
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As Englebert Humperdinck(love that name) said – “Please release me, let me go”
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Sincerely,
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Mark Belanger (call me – we’ll do lunch)

From the Middleboro Board of Selectmen meeting of 2/22/2010 – town manager Charles Cristello reads the draft of a letter to the Mashpee Wampanoag. The letter is prompted by reports that the tribe has been fishing around the Freetown/Fall River area for a new casino location. It’s pretty common knowledge that the sovereign casino in Middleboro is doubtful at best and most likely impossible. It is also obvious to most that the amount of infrastructure required for the Middleboro location makes the project a non-starter.

The tone of the letter is more forceful than past communications which have been mostly fawning and ineffectual. In a subsequent post I will include video of the BOS and public discussion.

USS-Mass is asking for people to sign this petition which calls for an independent cost/benefit analysis of casinos and slots.
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Now back to the post.
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Adam Bond floats some interesting ideas about the latest developments in the Middleboro casino saga:

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The BoS just doesn’t get it. The Tribe is out negotiating a better deal–apparently they don’t share your “neighborly” feelings Mimi. It also appears that our own so-called representatives are on the move to help the Tribe get a casino — SOMEWHERE ELSE. Good riddance at this point.
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We have a House Bill and a Senate Bill that BOTH show that the sponsors of the Bill would be more than happy to have the Wampanoag Casino somewhere other than where the Tribe and Town have agreed to put it. Mr. Pacheco claims that he has no interest in having the casino moved from Middleborough, yet the bill he offered (just something to get discussions started), talks about a preference to a sovereign tribe in “Bristol County market” which apparently is supposed to include Plymouth County.

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Bond has a point in that the bill repeatedly mentions Bristol County as the location for any indian casino.
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The bill mentioned in the post outlines the sort of preference that would be given to any casino with an indian component:

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whether, in the Bristol County market, the applicant is, or partners with, a federally recognized Native American tribe situated and with governmental offices in Massachusetts with land held in trust by the United States of America for the use and benefit of said tribe and which land is otherwise gaming eligible under the Indian Gaming Regulatory Act, that seeks and agrees to accept a commercial license consistent with the terms and conditions of this chapter and any regulations promulgate hereunder and waives its sovereign immunity and rights under the Indian Gaming Regulatory Act, in which case such applicant shall be given preference for a license in the Bristol market

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I read this legalize as saying that to get a preference, the tribe must have trust land eligible for gaming under IGRA and agree to a fully commercial casino in Bristol County. Trust land is a very tall order thanks to Carcier v. Salazar which means that no Indian tribe is going to get a preference for anything.
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This is a great example of what the BOS is NOT doing and HAVE NOT done since the IGA was signed in July 2007. No matter how things change, what events occur, or what Supreme Court decisions come down, the Middleboro selectmen do nothing. In this week’s Gazette, along with my wonderful column, is an editorial from Jane Lopoes that wonders why the heck the BOS aren’t calling the tribe given the events in Fall River recently.
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Why indeed.

Refusing to do an honest cost/benefit analysis of expanded gambling, House Speaker Robert DeLeo has unveiled his plan to file legislation that would bring slots to the racetracks and resort casinos. He also felt compelled to dazzle us with the depth of his character by announcing that “I’ve always been a slots person”. Personally I’ve always been a “let’s see if this makes sense” person. Refusal to do an honest accounting of the costs of expanded gambling – particularly slots – is just plain wrong.
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Clyde Barrows, who annoys me more every day, was quoted in the article – but of course what article on Massachusetts casinos would be complete without Barrows’ inciteful analysis? What cracks me up is that Barrows was the author of a study that called for just three resort casinos as the best way to “maximize the economic impacts of expanded gambling in Massachusetts, while minimizing or mitigating its social impacts”. Now he’s on board with the slots-4-all bill being proposed by SlotMan DeLeo and Not-In-My-Town Therese Murray:

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while the state would stand to rake in more money from casino gaming, revenue from slot machines would come in a lot sooner. “They can get licensing revenue almost immediately, and they could even get some slot revenue this fiscal year,” Barrow predicted.

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Good ‘ol flip-flop Barrow called the Middleboro casino agreement a “bad deal for Middleboro” in 2007 now softens that analysis by calling it “the most lucrative local host deal ever executed in the United States”. Get off the fence dude and make up your mind.
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As far as how this will affect Middleboro and the area:

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After establishing the slot parlors, “they could start rolling out the casino licenses, probably at Suffolk (Downs) first and then Western Mass. If a Southeastern Massachusetts license is last, that will give them some breathing room to see what the Wampanoag are going to do.”

The Mashpee Wampanoag have proposed a $1 billion casino on sovereign land in Middleboro, but the tribe has run into a few roadblocks, not the least of which is a Supreme Court ruling preventing it from taking the land into trust.

As a result, Barrow said, “they seem to have eased their position” on pursuing a commercial casino license rather than operating a sovereign casino. “There seems to be a willingness to negotiate some kind of commercial deal if that will get them to market faster.”

Barrow speculated that the Middleboro site would be less attractive to the tribe if slot machines were allowed a stone’s throw away in Raynham. “If they put slots at the tracks, that would siphon off a lot of the convenience gambling that would go to Middleboro.”

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Clearly something is afoot. As things stand, the Middleboro casino is not feasible due to the massive infrastructure required in the IGA. The tribe has been nosing around in the Fall River area and the Commission on Indian affairs is talking about taking the Wampsutta Reservation into trust for the Mashpee Wampanoag, even though it seems to be Pocasset tribal land. As I’ve said before, it blows my mind that anyone would consider giving the Mashpee Wampanaog a casino at this time given the problems they’ve had managing themselves and their lack of experience in casino management. Meanwhile, the Middleboro BOS remain blissfully unaware of the goings on and the Middleboro Albatross Casino continues to stunt local development by keeping us all in a state of perpetual limbo.

With all the stories of the Mashpee and Aquinnah Wampanoag seeking a casino in the Fall River area – this story seems to play into that:

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The state’s Commission on Indian affairs has requested that a 100-acre parcel of the Watuppa Reservation be put into trust, part of a plan, the Pocasset Wampanoag Indians say, to build a casino. …. But Pocasset Indian officials said this week that the Mashpee Tribe and their hunt for a casino site is behind the push to put the land in trust.

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I had heard that the Mashpee were going to pursue a tribal casino in Fall River but couldn’t understand how that was going to be possible since they had no land or application to put land into trust. If true, this explains it. What is not explained is who in their right mind would give the Mashpee a sovereign casino – or any casino for that matter. For my money they have not demonstrated the ability to run a small tribe let alone a $1B facility. But I digress. The article continues:

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“It’s clear of Mashpee’s intentions to get a casino in Fall River. They tried to do the same thing in Middleboro on land they didn’t own. The Mashpees don’t have any ties to this area. This is a tribe that basically never left the Cape,” said Pocasset Tribal Council Vice Chairman Daryl Black Eagle Jamieson.

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This echoes many of the comments made in March 2008 at the BIA hearing in Middleboro by casino opponents and members of the Massachusett tribe.

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Jamieson said the Pocasset Tribe does have interest in creating economic development opportunities on the site, including wind turbines and other renewable energy. But he said their plan is to not upset the environment.
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“We don’t want to take away from the beauty of this land, but we have always talked about doing something here. It’s always just been a matter of funding,” Jamieson said.

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Imagine an indian tribe wanting to do an environmentally responsible project??? I’m sure the Mashpee would call that crazy talk.
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Interesting development.
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It’s worth restating at this point that casino being proposed in Middleboro is not economically feasible. The tribe miscalculated when they agreed to be responsible for $260M in infrastructure – wrongly believing that the state or federal government would pay for that infrastructure. They won’t. The tribe knows it and are looking for an alternative project. It appears that they have found it.

Interesting comments in this Globe article from former Middleboro seletmen Adam Bond and Ted Eayrs about the Mashpee Wampanoag scaled down casino:

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Former Middleborough selectman Ted Eayrs said tribal upheaval over the last two years has eroded credibility. “You’re dealing with a tribal structure that’s brand new and inexperienced,’’ Eayrs said. “Everything that’s happened since 2007 has served to undermine the ability of the tribe to build or manage anything. It’s clear to me everything has changed.’’

But some say it is further evidence the casino ride is over. “This is not going to create the economic engine people relied on when they voted for this,’’ said Adam Bond, the former Middleborough selectman who helped draft the 2007 agreement between the tribe and the town.

“It’s gone from a Tiffany operation with an arena, restaurants, and a large hotel to a gin mill with a buffet table,’’ Bond continued. “A small casino with a little food and some rooms says ‘Go gamble and have hookers.’ ’’ Bond suggested local voter opinion on the recent plan be sought through a referendum.

Rich Young, president of both local and state anticasino citizens groups, agrees. “What the town was sold on was the promise of a quarter of a billion in infrastructure repair to water, sewer, and roads,’’ Young said. “That’s been the piece that would show they were serious, and none of it has been done.’’

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Yesterday’s Less than nothing post was based on an article that has been fleshed out in today’s paper:

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Middleboro is now slated for a “much seedier” casino than was originally promised, a former selectman who helped craft a deal with the Wampanoag tribe said yesterday.

The changes should require Town Meeting to vote again on the deal, said former Selectman Adam Bond, who was integral in negotiating the deal with the tribe. “It’s a completely different project than what was proposed originally,” he said.

The latest proposal is a “small gin mill with buffet food,” Bond said, and not the $1 billion resort promoted as a challenger to Foxwoods or Mohegan Sun in Connecticut.

“You’re talking one thing that is a Tiffany-quality resort versus ‘We just want to make some money in your town.’ To me, that’s garbage,” Bond said.

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That’s an interesting idea. At what point does the project change so much that it’s no longer what we voted on. Sounds like Adam thinks we’ve already hit that point.

This just in from the Cape Cod Times. It begs the question of “What do you have when you scale back a casino that’s not coming?”.

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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.

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Along with $7M, the tribe is still obligated to do $250M in infrastructure improvements whether they are building a hotdog stand with slots or a mega unicorn factory/casino bingo emporium. Where is the ROI for a small casino? Give us all a huge break. The ROI isn’t even there for a large casino never mind a small one. When is the tribe going to be honest about the likelihood of being able to do that $250M in infrastructure? It was an empty promise just like Marshall’s other empty promises. I take that back – this empty promise is codified in a CONTRACT. Yet we still love our casino – YIPPEE. GO CASINO. RAH RAH RAH.

Let me guess, ground breaking will be in ….. eighteen months ….

“ripped apart the community”. A cost that we are still paying. The poor process that caused this rift has yet to be truly discussed.