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July 11, 2007
Dear Members of the Board of Selectmen:
I am in receipt of Dennis Whittlesey's letter of July 3, 2007 regarding
the proposed Intergovernmental Services Agreement between the town of
Middleborough and the Mashpee Wampanoag Nation.
Let me state at the outset that the town has been most cordial in its
dealings with the tribe and its representatives, and we remain confident
that our relationship will be a long lasting one, and one that will prove
a tremendous benefit to the town of Middleborough as well as the Mashpee
Nation.
In fact, we had high expectations that the June agreement negotiated with
Town Manager John Healy and Jon Whitten would stand up to further review,
as Mr. Whittlesley stated in the public meeting in which he was retained,
that the document was a good one that merely needed "tweaking."
Accordingly, we expected to receive a draft that contained suggested
technical improvements or which addressed topics not otherwise addressed.
But, as Chairman of the Tribe, I must tell you that I am profoundly
disappointed by the draft. We have received a document, prepared by Mr.
Whittlesey that would strip the tribe of the very sovereignty it has
fought so hard to secure. It lays out an unprecedented set of commitments
and restraints which treat the tribe as if it were a nation with no sense
of discipline (fiscal or administrative) whatsoever. The provision for
payment in lieu of taxes in perpetuity, when trust land cannot be taxed,
is but one example where the town seeks to void rights guaranteed to us as
a result of federal recognition. In the earlier agreement, we had agreed
to a payment in lieu of taxes to cover the gap period between the land
going into trust and our project opening when annual payments would begin.
We did that (at a rate 50% above the town's current commercial tax rate)
as a gesture of goodwill to address start-up impacts, and that gesture has
seemingly been thrown back in our face.
Personally, I am particularly disturbed by what we perceive as an
unnecessarily hostile tone that runs through the document. Section 18, for
instance, states that the tribe will not exercise its civil jurisdiction
over persons who are not members of any Indian Tribe on tribal land. Would
the Town of Middleborough give up its right, and in fact its duty, of
civil jurisdiction over a category of people within the borders of the
town? The draft, as presented, implies that the Mashpee Nation will be
unable to exercise its civil authority. I just don't believe that this is
the position of the town of Middleborough.
Given the above, we are not willing to negotiate from the draft of July 3,
2007. As we have publicly stated, the proposed agreement presented to the
Board of Selectmen in June, providing a minimum of seven million dollars
plus a commitment to fund infrastructure improvements is a fair one, and
we are open to further discussion based on that document. Moreover, as
confirmed by Mr.Whittlesey, the tribe is under no legal obligation to
enter into an agreement with the town. That said, it would greatly prefer
to reach an agreement with the town of Middleborough and are prepared, as
always, to be good neighbors, and to work together to benefit both the
residents of Middleborough and the members of the tribe, from the
standpoint of mutual cordiality, respect, and trust.
We are heartened by the show of support in the town, particularly the men
and women who work for the town and understand the benefits of the June
proposal, and we are comfortable with the concept of town meeting approval
of an agreement. We hope that you will join with us in seeking common
ground for a mutually beneficial agreement.
Sincerely,
Glenn Marshall, Chairman of Mashpee Wampanoag Tribal Council
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