The meeting with the Tribe on April 13 is a waste of time, solely for the purpose of some PR and gald handing. The BOS is already behind in the race for leverage in this deal, and should have been meeting with the Tribe long ago to come to some productive adjustments to the deal. Now, the US Supremes have ruled, and the Tribe is lining up its ducks to be able to tell Middleborough that they need to change the deal by shaving off some of their obligations.
Rather than shaking handsAdditionally, things to raise with the Tribe at the April 13 Meeting.
1. 2% of net game of all casino games (in addition to the $7-9M + CPI payment):
This is incredibly important and runs with the "expectation of further remuneration" aspect of both the IGA and the written letter of support to the BIA. The 2% would be guaranteed by the Tribe, and offset if the State provides Middleborough with the 2%. The Tribe is then incentivized to use its significant leverage with the State to get Middleborough the % it was promised.
It is incredibly important that the 2% received from the State be defined very meticulously and in great detail. For example, if the State pays a real 2% to Middleborough, then there is an offset. If the State pays the 2% to Middleborough, but uses that same payment as a basis for reducing State aid to Middleborough, the the Tribe must make up the difference. The best way for this to be done is for the Tribe to negotiate into the compact (where Middleborough should have a right to be present), an agreement that any % payment to Middleborough coming from the State is exempt from any calculation of State aid to Middleborough, and the percentage cannot be reduced or eliminated by the State (since that would cause the Tribe to foot the bill.
2. Requirement that the Tribe purchase a $10,000,000 insurance policy for tort liability, and require AAA Arbitration of all tort claims relating to non-indians on the premises. This would cause the sovereign immunity issue to be reduced, since non-indians would have the ability to turn to neutral arbitrators, rather than Tribal courts, to obtain recompense for injuries to person. Many Tribes out west do this to assuage fears relating to sovereign immunity.
3. The CPI increase in the $7M payment should be made retroactive to the date of signature, since the representations made in the negotiations were that the resort would be completed relatively quickly (18-24 months), and each year that passes costs Middleborough more money. The CPI also should reflect the greater Boston area.
In return for the 2%, the BOS should offer the Tribe access to two specific local roads ONLY until the completion of Rte 44. The Tribe, under the current IGA, is NOT permitted to use any local roads once operations commence. This will force the State to deal with a Tribal Compact, as the project would no longer be dependent on whether Rte. 44 is completed in time. In other words, Middleborough giving up the local roads issue (in a very limited fashion, and only for a limited time), would incentivize the State to deal with the Tribe as some of the State's leverage in negotiations would be gone.