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Gazing into the Crystal Ball

by David Bastille
3/7/2013

You won't be asked to vote on whether such a facility, be it a casino or a slots parlor, will be built. You probably know that already. Many people insist that the casino in the eastern region of the state is bound to be built in Everett or East Boston. I would say that it's better to stay informed, and that no one can accurately predict the future.

But what happens when the project is poised to go forward, and officials in your town, looking out for its best interests, fail to reach an agreement with the developer in whatever negotiations they may have had with him? (This assumes that these officials of yours have been prepared to negotiate, in a timely manner, for the full extent of your town's needs, concerns, and desired compensations with regard to the unprecedented establishment of a big gambling hall nearby, details of which haven't been put forward, and the full impact of which is unknown.)

The Massachusetts Gaming Commission, at its February 28, 2013 meeting, offered a mix of scenarios on that subject. (There is, of course, a process for everything.) In my reading of the following portion of the transcript, which is in the public record, Commissioner James F. Hughes outlined how surrounding communities are designated, and what the process would be when those communities reach an impasse with the developer. Spoiler alert: an individual arbitrator would be brought in at the end to award a judgement, which would be final:

"Commissioner McHugh: The Commission ultimately has the responsibility for deciding under the statute who's a surrounding community and who isn't. And we are going to have regulations and we talked about those regulations and described how that process is going to work.

"The statute says that we have to do that after receiving and reviewing the application. So, the application is filed on July 15. We take a look at it. We have to have a process for deciding whether some community that wants to be a surrounding community is or isn't a surrounding community.

"So, our regulations that we're proposing are going to say that surrounding communities that want to be surrounding communities have a certain amount of time to file with us an application. We'll look at the application. We'll listen to the applicant. We'll listen to the surrounding community and then we'll decide whether the surrounding community is a surrounding community or not.

"If we conclude that it's not then that's over and we'll move forward on this line down here without worrying about the involuntary surrounding community.

"If we conclude that the surrounding community is a surrounding community then again by statute the surrounding community and the applicant have 30 days to work out an agreement.

"And if they can't work out an agreement, then the statute says the Commission has to have protocols for ensuring -- That's the word that the statute uses. -- ensuring that a surrounding community agreement is reached between the applicant and the surrounding community. So, our regulations, regulations that we'll discuss later today, has such a process.

"Basically, what the Commission -- what the draft envisioned is that there'll be a period of time for the surrounding community to file an application to be a surrounding community, for the Commission to decide that it's a surrounding community. Then the 30 days for a voluntary negotiation between the community and the applicant.

"Then arbitration, a period for arbitration and protocols and procedures for that arbitration to occur.

"At the end, the arbitrator makes an award and a judgment and the surrounding community and the applicant either sign an agreement that they negotiate themselves after looking at what the arbitrator has done, or that's based on the arbitration award. They can do either. But if they don't do either, then the Commission will consider the arbitrator's award to be the agreement and move forward.

"Then the Commission has -- And the Commission then considers the application with that piece added to it. And takes the two weeks to make a decision and make a license award."

Read the full transcript at http://massgaming.com/news-events/article-type/meeting-archives/
For more information about the Milford casino proposal, visit casinofreemilford.com.

March 6, 2013: From Representative Dykema's office:

In a letter earlier this week, Representative Carolyn Dykema (D-Holliston) called on developer David Nunes to address significant public concerns about potential impacts of the proposed casino development in Milford.

"Since you first proposed a casino development in 2009, you have not sponsored a single public meeting presenting the substantive details of your casino proposal," Dykema writes in the letter. "The lack of dialogue, outreach and substantive information by you regarding your casino proposal is of great concern.  If your proposal is indeed serious, you must engage with the local communities."

A copy of the letter is available here on her website.

Comments (4)

I don't think that Holliston's gravel aquifer (well 4) extends to the proposed site. They would likely have to drill rock wells and take some of Milford's supply to meet the demands, maybe even recycle water.

paul s. | 2013-03-08 06:12:33

We might have one possible item of control over what happens...WATER. Milford has purchased water from Holliston before, telling me they have issues. The state limits how much water Holliston can pump out of the ground, which usually means a water ban during warm weather. A casino complex is going to need a lot of water to operate and if it plans to use a well and the water comes from the same aquifer that Holliston draws its water from, we might be able to justify to the gambling commission that our water supply could be jeopardized.

Dennis Bergeron | 2013-03-07 14:04:46

Casino Free Milford is hosting a meeting in Holliston. See details: http://www.milforddailynews.com/news/x1433792047/Casino-Free-Milford-to-host-Foxboro-officials-March-14

Hillary Freeley | 2013-03-07 13:19:25

Thank you for this summary of Hollistons apparent lack of power to keep a casino from being built on our doorstep. Is there anything we can do but plead with Milford not to build it? It seems that we just have to accept it if the proposal goes through and try to get the most revenue for the town.

Andrew Mades | 2013-03-07 10:53:03