Tribe wants funding for roadwork near casino

MIDDLEBOROUGH -- Five days before a town vote on the state's first casino, Middleborough officials disclosed in documents yesterday that the Mashpee Wampanoag Indian tribe plans to seek state and federal help to fund a major makeover of the area near the planned $1 billion resort, including three interchanges on busy Route 44.

The $172 million in road improvements constitute the biggest chunk of $250 million in one- time infrastructure work the tribe promises around the proposed casino. The tribe does not specify how much of that $172 million it seeks from government agencies.

Under the pact, announced Friday, the tribe would pay the town at least $11 million a year, $4 million more than previously agreed, by adding revenue from a hotel room tax.

The payment, to compensate the town for hosting millions of casino visitors, would be $7 million the first year and increase by 3.1 percent a year indefinitely. But the fine print of the 45-page deal, posted on the town's website yesterday afternoon, also says that the payment cannot exceed 2 percent of the casino's net revenues in any year.

The pact also says that the tribe will pay an estimated $13 million to extend electricity and $12.4 million to extend natural gas to the casino, but that the rates to be negotiated with the town will be favorable to the tribe. In the agreement, the tribe also agrees to build environmentally friendly buildings and not to allow any nude entertainment.

The deal is scheduled to go before Town Meeting Saturday, and, if approved, the casino would go before the state and federal governments.

But Secretary of State William F. Galvin said yesterday that he has made a second request for a detailed explanation of how votes will be counted at the meeting, set to be held at the Middleborough High School athletic field.

Galvin gave town officials until 3 p.m. today to assure him that planned procedures will allow for an orderly and accurate vote. And he said yesterday he is considering getting directly involved by issuing orders on certain conditions and procedures.

"I am not sure they can overcome the huge challenge they have made for themselves in scheduling this Town Meeting," Galvin said.

The issue has spurred a lively and, at times, acrimonious debate among the town's 22,000 residents. Most of Middleborough's 15,000 registered voters are expected to attend the meeting.

Marsha Brunelle, chairwoman of the Board of Selectmen, said yesterday that she is confident Galvin's concerns will be addressed to his satisfaction. "I am sure we will comply," she said.

While the agreement with the tribe was reached Friday, town officials did not release it to the public until yesterday afternoon, by posting it on the town website after Galvin intervened. Galvin's office has administrative authority over the state public records law, which covers the agreement.

Selectmen held a sometimes contentious public hearing on the deal last night. Selectman Adam Bond outlined benefits for the town during a presentation on the casino and urged support for the pact at Town Meeting.

"Voting yes gives us the hope of something positive being done. Voting no -- there is no possibility of hope," he said.

While many at the meeting applauded Bond's presentation, casino opponent Mark Belanger called it "nothing more than a dog and pony show."

"They're just trying to sell this to us," he said in an interview after he addressed the meeting. "I think they're misleading us, saying that even if we vote 'No,' the tribe will still come."

Residents leaving the meeting remained divided. "I think this is a great deal for the town," said David Araujo. "We are in trouble, like all communities, and we need the money flow."

David Fenton called it "a good agreement," adding that "it will give us some much-needed infrastructure improvements."

Mark Solimini disagreed. "The selectmen have obviously worked hard, and they think in their own hearts that this is a good thing, but it doesn't seem like a good deal to me," he said. "In two months, they're making a decision that will change this town forever."

Walking out, Judith Wicks said, "I don't think there was anyone in that room that changed their mind tonight."

The agreement, drafted last week by representatives of the Board of Selectmen and the tribe, says that "while the tribe has agreed that it is responsible for funding the requisite transportation improvement, the Parties acknowledge that the tribe anticipates seeking funding from the Commonwealth and federal governments to pay for this work."

Asked about that provision, Scott Ferson, a spokesman for the tribe, said "there are funds specifically earmarked for federally recognized tribes."

Ian Grossman, a spokesman for the Federal Highway Administration in Washington, said yesterday that "when and if the tribe applies for funding, we will be able to determine eligibility."

John Lamontagne, spokesman for the state Executive Office of Transportation and Public Works, said, "Given that this proposal is in its earliest stages, it would be premature to comment on any requests for state funding."

If town voters approve the agreement, town officials will be obliged to write letters in support of the casino to the state and federal governments. The US Department of the Interior must approve converting the land into a reservation, and the state must approve an exemption to the state prohibition against slot machines.

No action is expected by the Interior Department during the next 18 months, because President Bush's administration has said it will not approve applications by federally recognized tribes to create reservation land.

Sean Murphy can be reached at smurphy@globe.com.