Thursday, June 25, 2009
Never In My Wildest Dreams...
The level of ignorance of the IGA displayed by Mr. Perkins is indisputable in my opinion, since he apparently has not actually read and understood the deal in which he inaccurately claims to have been a chief negotiator. (As he knows, he actually didn't even see the inside of the conference room where the negotiations I was involved in took place--were there others Wayne?) In any event, the Emptyprise reports: "Former Selectman Wayne Perkins, who was a chief negotiator in the agreement, was at this morning’s meeting as well. He told the Enterprise afterwards that he doesn’t think the town needs such a guarantee, since it is already covered in the current agreement."
The only part of the quote I agree with is that "...he doesn't think...." Refundability of the monies is NOT covered by the IGA, and Wayne, please educate us and simply comment on this blog with the Section of the IGA that does cover refundability of the planning monies. Should be simple, since "it is already covered in the current agreement."
Put aside the fact that the IGA actually does not cover the refundability issue. Why wouldn't you cover the Town's interests WITHOUT ANY QUESTION by demanding -- not a guarantee -- but a written clarification, amendment, or whatever you want to call it, signed by the Chairman of the Tribe. This is how the IGA requires a verbal confirmation to be legally enforcable. Does Wayne like to live dangerously--at the Town's risk? If it is already covered by the agreement--which it is not--why would the Tribe even resist giving such a signed document--unless they don't have the same opinion. Aren't we all neighbors and friends here? Simple request, it need be no longer than two sentences and signed by the Tribe. If it is covered, no harm no foul. If it not covered, we get what we have been promised in writing and in a legally enforceable form.
Wayne's comment is simply foolish and foolhardy, and is consistent with the man that claimed "Never in my wildest dreams did I ever believe the Tribe would buy the land." After the Tribe sues in equity for the monies back, it will be a great consolation to know from Wayne that "Never in my wildest dreams did I ever think the Tribe would want the money back."
Stop thinking of the Tribe for once and please start covering the Town's collective and very exposed ass--whether you think it needs it or not!
Here is the section:
"Within ninety (90) days of executing this Agreement, the Tribe shall pay
annually, using the Fiscal Year of July 1 to June 30, to the Town the sum of $250,000 for the purpose of mitigating the Town's staff and outside consulting costs for supporting the planning, development, and coordination of the Project, excluding costs relating to offsite permit issuance by the Town. The Town shall provide written certification to the Tribe that the Pre-opening Mitigation Payments in this sub-section are utilized for these purposes and, if requested, copies of detailed invoices of outside consultants. The payments shall continue annually thereafter until the date that Annual Impact Payments described in Section 5.C commence. The Tribe's payment shall be prorated for the first and last years."
I don't see refundability addressed at all. That leaves it an open question, and how attorneys love to litigate open questions.
Posted by AMB at 5:32 PM