 morning. All right. Good morning. So, do you want to start it off? Let's set the stage in terms of where we are. I know that Mr. O'Toole's up. He's joined us now. Do you want me to go right into my remarks? I'm sure that would be perfectly fine if you'd like to do that. Okay, excellent. Thank you. So just to remind everyone, this is an adjudicatory hearing. And because it is an adjudicatory hearing, I should have checked with Dave. Are we all set, Dave? Yep. We have started. Okay. Sorry. Because it is an adjudicatory hearing, I do have formal remarks. And it will set the stage for today's hearing. So, good morning. Today is Friday, October 28, 2022. This is an adjudicatory hearing before the Massachusetts Gaming Commission relative to the application for a license to conduct a racing meeting for calendar year 2023, submitted by Plainville Gaming and redevelopment LLC, which I will refer to as PGR. My name is Kathy Judstine. I'm the chair of the commission. I'm joined today by my colleagues, Mr. Eileen O'Brien, Mr. Brad Hill, Commissioner Nakisha Skinner, and Commissioner Jordan Maynard. The entire commission will preside over the hearing and decision of this matter. This hearing will be conducted in accordance with 205-CMR-101.01. General Laws, Chapter 38, Sections 10-11, and 801-CMR-01-02 informal third hearing rules. This hearing is being conducted via remote collaboration technology. Before we begin, I'd like to explain the process that will govern the proceeding. First, a notice of hearing was provided to PGR in advance of today's hearing. It identifies 11 issues that will be the focus of the commission's attention at this hearing. Well, everything raised in the application is that issue. The commission has indicated that it will specifically be considering the following. Whether PGR has submitted an application that meets the requirements of General Laws, Chapter 128A. Two, whether PGR has provided adequate answers to the questions set out by the commission in the application. Three, the financial ability of PGR to operate a race track for GL, Chapter 128A, Section 3, Subsection I. The impact of the application on the maximization of state revenues for our General Laws, Chapter 128A, Section 3, Subsection I. Five, the suitability of racing facilities for operation at the time of the year, for which dates are assigned for our General Laws, Chapter 128A, Section 3, Little I. Next, the circumstance that large groups of spectators require safe and convenient facilities for General Laws, Chapter 128A, Section 3, Little I. Number seven, the interest of members of the public and racing competition honestly managed and of good quality for General Laws, Chapter 128A, Section 3, Subsection I. Eight, the necessity of having and maintaining proper physical facilities for racing meetings for General Laws, Chapter 128A, Section 3, Subsection I. Number nine, the economic interest and investments of those who, in good faith, provided and maintained such facilities for General Laws, Chapter 128A, Section 3, Subsection I. Number 10, whether the applicant is financially responsible, able to meet obligations to the common law, has suitable and safe facilities for the service of patrons and is likely to conduct racing in accordance with approved practices and in a manner consistent with the public safety, health, morals and welfare, including the suitability of the applicant and its leadership to hold or conduct a racing meeting. And finally, number 11, the reputation for honest dealing in gaming history of the applicant's ownership and leadership. With the conclusion of my opening comments, this proceeding will commence with the presentation of the evidence in this matter. Specifically, PGR will be called upon to present its application and call additional witnesses, if any. Many commissioner may question any witness who is testifying at any point during or after their presentation. The commission may then request testimony from any individual listed on the notice of hearing or witness list, including but not limited to Dr. Alexandra Lightbound, MGC Director of Racing. PGR may also ask questions of any witness who testifies. PGR may raise any objection it desires at any time. However, the basis for all objections must be clearly stated. Finally, at the conclusion of all the evidence, PGR will be provided an opportunity to make a closing statement to summarize its view of the evidence. Before we begin, I understand there are pre marked exhibits that have been prepared in advance this hearing. Those exhibits are identified on the exhibit list that has been circulated. They are as follows. Exhibit one. Plainville Gaming and Redevelopment LLC's application for license to hold or conduct a racing meeting at Plain Ridge Basecourse calendar year 2023, dated September 30, 2022. Exhibit two. Notice of October 28, 2022, hearing gray application dated October 20, 2022. Exhibit three. Notice of October 17, 2022 public hearing, gray application dated October 13, 2022. Exhibit four. Recording of October 17, 2022 public hearing gray application. Exhibit five. Written testimony submitted to the commission, gray application. Exhibit six. Ex, excerpt from 1962 Commonwealth of Massachusetts election statistics public document number 43. In exhibit seven additional exhibits to application. Are there any objections to exhibits one through seven being marked into evidence? Noting none. Thank you. Those exhibits shall be admitted into evidence in order to maintain a clean record. I ask that documents are referred to by exhibit number. If PGR would like to have any additional documents entered into evidence during the course of the hearing. I would ask that they be properly introduced and marked. I will add that no final decision will be made at the conclusion of the public portion of the hearing. Instead, after the proceeding, the commission will privately deliberate and ultimately issue a written decision. If at any point during the commission's deliberations, it determines that additional testimonial or documentary evidence is desirable. It reserves the right to ask PGR to provide such evidence prior to a final decision being made. We will now swear all the witnesses in. Anyone who will be testifying at this proceeding, please raise your right hand. Do you some swear that the testimony you will provide before the commission at this proceeding will be the truth, the whole truth and nothing but the truth? I do. Thank you. I'll have responded in the affirmative. And before we begin does PGR have any preliminary issues or objections? Have none. Thank you. But that I ask PGR to identify its first witness and present its application. Thank you, Madam Chair. I think I'll be the first witness and the only witness testifying on behalf of Plainville Gaming and Redevelopment. I'm Steve O'Toole, the Director of Racing for the Racing at Plainridge. First, I'd like to thank the commissioners for coming out to Plainville for the public comment hearing that we had. And I'd especially like to thank those who testified on behalf of our application, especially the Vice Chairman of the Plainville Board of Selectment, Jeff Johnson, the Plainville Police Chief, Jim Floyd, and the Plainville Fire Chief, Rich Ball. So today I present the application for 2023 Racing. It's a completed application with 125,000 bond continuation certificate, the $2,100 fee for the application and 16 exhibits that will give evidence to the fact that this application meets the criteria that I was going to recite. But since you've recited them very eloquently, Madam Chair, I will not read that again into the into the record. Plainville Gaming and Redevelopment, the parent and the parent company Plainville actually it's now Penn Entertainment, but Penn National Gaming continues to be a leader in the gaming and racing industry and it reflects the financial ability to operate Plainridge. They've compiled 11 racing facilities and 10 other jurisdictions, three off track wagering facilities in two different states. And Penn also has a national ADW called Hollywood Races that they operate. This provides my operation at Plainville at Plainridge, a great resource from the corporate racing team, a very well respected senior vice president of racing, Chris McElaine is always there to help our racing product. And also I can draw on other properties that have racing experience or any help that's needed throughout the course of our meet if circumstances should arise. So I'd like to highlight some of the points in exhibit 25, why this application is beneficial to the public, the Commonwealth and the applicant. Penn National Gaming is a substantial regional gaming operator with an outstanding financial capability and operational resources. Penn National Gaming takes pride in creating and inviting racing atmosphere and investing deeply in both the racing side, the customer side, the horse racing side of our operation, the physical facilities for our race meetings, our state of the art, well maintained and provide a very convenient and safe environment for our horsemen and for our customers. We also continue to offer our judges, our racing officials all the latest technologies to perform their duties and to honestly manage our racing. I know that from time to time, commissioners have visited our property and our operation and have seen the tools that we provide the judges to judge the the races properly our racing offices which are adequately set up for the drawing of races, putting the race cards together from the race secretary to the clerk of course to the judges and their timing and our charting capabilities. While racing at Plain Ridge has been moving in a positive direction over the past several years, we addressed head on a few years ago, concern with participation and field size. That effort has has been rewarding in that the number of races per day in the field size has consistently grown over the past few seasons and stabilized with purses of over $13 million this year. The economic generator that racing at Plain Ridge creates is maximizing state revenues. This year, we propose 108 days over 34 weeks schedule. So this is a little different than what we have proposed in the past very, very minor change, but our horses typically race on a week to week basis. So weeks are actually more important than days. We do have a contract with the Horseman's Association that says 110 race days over 33 weeks, but we have both agreed that an extra week in lieu of a couple of days makes it more beneficial for the horsemen. So this year, we have put in for 108 days over 34 weeks, which gives the participants an extra week to compete instead of wasting some days when it's very difficult to fill to going an extra four day week instead of three gives them an opportunity to race one more time throughout the season. I do want to come back to the actual nuts and bolts of the 23 schedule and expand on the current climate in New England. In Massachusetts, I have to be I'm the first one in New England to put in for dates. And recently, a couple of years ago, when Cumberland in Maine decided to pick up the slack for closing Scarborough Downs, we have worked collaboratively with Cumberland and our assistive track, Bangor. And so when we when I'm preparing my schedule, I take into consideration the thoughts and concerns of both Bangor and Cumberland, and we work out a very unique circuit amongst the three tracks so that there's very little overlap. There's some overlap that we can't help because Maine does have some fares that race and they race at odd times and they would disrupt disrupt a systematic schedule. But given that those little blips in the schedule, there's there's very little overlap. So there's all kinds of opportunity and there's opportunity for the horsemen and there's opportunity for us as a racing management to fulfill to fill the cards adequately and provide really great racing. So the last few years has really been a good benefit for the New England horsemen. There's nothing we can do about New York, New Jersey, Ohio, Pennsylvania, but at least in New England, we do have a pretty, a pretty well thought out schedule and of races and a nice circuit for everyone to follow. So our schedule goes from mid April to the end of November, which exhibits six shows in the in the application. And that is very consistent with the past seasons and is very suited suitable for the time of year that we've applied for. We believe wholeheartedly that there's sufficient evidence provided that granting the dates benefits our horsemen and the public and in return, provide the fair treatment and economic interest of playingville gaming and redevelopment at Plain Ridge. I thank you very much for the opportunity to present today. I hope I covered most of the basis. If you have any questions, I'm more than happy to answer them on the application on my testimony or just in racing in general. Questions for directoral tool. I guess I have one question directoral tool. In terms of maintaining the they track, I think I remember correctly in the past, you've used a independent entity to ensure the integrity of the track. Am I right? And if you could just update us on on that, I know that director like that is also available to us correct. And we will turn to her. But if you could just go over the the maintenance of the track for the safety of horses. Sure. So our track is in great shape. And it has been consistently throughout the years. It's a very consistent track. It's a very forgiving track. And when I say that, what I mean by that is it's five eights, which is there are many tracks across the country, the two tracks in Maine that I just referred to are half mile tracks, they have tighter turns that you have to go around the track twice to complete a one mile race. Ours is one and a half our turns are very forgiving. So it's easier on the horses. A mile track is even more exuberant and more forgiving. But the plane where you've been there, a mile track would be in the neighborhood and out on 495. So the five inch mile track is very suited for for racing. And we do have it does sit idle over the winter months. And you know, it's it's that's why we don't race in the in the in the winter months, because the turn near the neighborhood is shaded all winter long. So it freezes very hard and very early. And then the the turn by 495 takes a lot of sun. So it's a very uneven track in the winter time. So racing anywhere outside of the window that I've submitted for April through November is very difficult, if not impossible. We have had winter training there in the past. And it's been very difficult to maintain that track in a safe manner. What we do in March when the weather breaks, we begin to get it ready. And we call in and usually honor about the first qualifying day, while we have a consultant visit us, take a look at the track just remain just to give an opinion to in the past few years to to substantiate the condition of the licenses in those years, which was condition of the license to have an independent evaluation. And we've found each year that the track is suitable to start racing and to get the meat underway. And you plan to do that for 2023? Yes. Any, any other questions for Director O'Toole? Madam Chair, I just have really what's a housekeeping matter that I'd like Director O'Toole to address. Good morning, Steve. Good morning. I noted that in the application, there are a couple of areas where the applicant has responded. No change to a previously submitted exhibit. Could you provide those to us? I have not been able to get my hands on the previous exhibit. So for example, can I ask is that my in 2021, 23, today or early? I'm having the same thing. Commissioner Skinner, there's some internet interruption. I was wondering if it was me, but I just wanted to halt for a second to just see if it can stabilize. And then your question, you would want to reiterate your question. Let's see if it's stabilized for you. I think it's better. Okay, try again. Yep. Excellent. Okay. Steve, I was good morning. First of all, hopefully you heard that at least before I cut out. Could you could you at some point either later today or first thing on Monday morning provide the exhibits that are missing from the application? And it's not so much that they're missing. The answer refers to an earlier submission, which I don't think we have at least I don't have and I haven't been able to get my hands on it. So just asking you to provide those missing components of the application, if you would, maybe, maybe we should turn to Todd and Caitlin. How how would we address that, please? Thank you very much. So we actually we asked director tool for those materials and they are exhibit seven sorry, they're probably not well titled, but exhibit seven includes those additional exhibits that are referenced as previously submitted. Okay, within what you circulated within the exhibits one through seven for today. Okay, thank you. But if there's anything else, we can of course ask for additional evidence. Other questions. Now I need some guidance to before we think director tool. We have another witness available our Dr. Alex lightbound. Caitlin and Todd, may the commission call her forward after after this. Yes, the commission may call Dr. lightbound forward and after the commission finishes questioning, Dr. lightbound Mr. tool may have the opportunity to question her as well. Okay, thank you. I just wanted everybody to understand that. So are there any further questions with respect to director tool, you've had the application, we've had the public hearing that right a bit of information in front of us and all the exhibits. I think then that we are all set on director tool and we thank you for your statements and testimony today. Thank you. Thank you. So now we turn to the next witness, Dr. lightbound. Good morning. Good morning. Dr. like on you and are available to answer any questions about the application that we might have or to give your your thoughts on the application. We are looking forward to your statement. Yeah, thank you. Oh, yeah, the application does meet the 108 days will meet their requirement for 100 days of live racing in order to simulcast 128 C. In the past, the commission has made it part of the granting of the license that they do have an independent expert come in to review the track. And this is in no way saying that there's anything wrong with the track. It's always been a very safe track. It's just an added safety measure and the track has always been very gracious to go ahead and have this done. We've had a great meet so far this year and they are on schedule once again to meet that 100 days requirement for simulcasting. And it is an interesting thing to try the extra week to give horses a chance for an extra week of racing. And other than that, everything is good. There's any questions? Questions for Dr. like that. Dr. like that in terms of the facilities, you're finding complete cooperation, collaboration in terms of maintenance of the facilities for the horse people, the animal athletes and your staff. Yes. And it's it's been very, you know, as usual as a challenging year. Steve and I both have, you know, staffs that don't we don't have a lot of extra people, which is good as far as budgets go. But there are times when COVID raises its head and things like that. And there have been times when our staff has been a little shorter, his staff has been a little short, and we've been able to accommodate that for each other and work cooperatively to get everything done. Excellent. Any further questions? Okay. So with that, if there are no, there's no further testimony, then I think that I can go into the closing statements, correct? Okay, just as long as Mr. O'Toole wants to stay on the record, my apologies. Yes. You, Mr. O'Toole, do you want to do any closing remark? The only thing I would like to say is just to back up what Alex just said about her staff and my staff working very closely together. During the racing season, and very seamless, they do a great job, both staffs. I think it's a good reflection on Dr. lightbound. I'd like to think it's a good reflection on me. But it's, it's, we have an excellent staff. And it's very difficult. Putting together racing staff because of the, I'm not going to call, it's kind of like an island that we're on, you know, there's no pool, there's no racing 101, where you can just call down to, you know, Bridgewater College and ask for an intern to come up and fill in, you know, it's a very racing officials are not on, not on the sidewalk looking for jobs these days. So it's a it's a compliment to Alex and her staff that she trains her people very well. And we have a very good relationship to get things done. And as Alex explained, we got hit pretty hard with some illness issues and people were out and and pulled it off seamlessly in a very difficult time, a very busy time of the year for both of us. So that's just the only thing that I would like to add in. It's a it's a it's a very great working relationship that we have with Plain Ridge, but the commission and the commission staff. Thank you. Thank you. So unless there are any further matters that PGR or any fellow commissioners would like to address, we will now conclude this portion of the proceeding. Does anyone have anything further? Mr. Maynard, are you leaning in? I am leaning in to keep my computer from turning off. Okay, good, good. Because we're not quite done. I've got a few more lines to read. So thank you. So we mentioned the commission will deliberate about this matter in private and issue a written decision. So the proceeding at this point remains open. If at any point during the deliberations, the commission determines that further testimonial or documentary evidence is desirable, it may send notice of such to the applicant and provide instructions on how to proceed. So everyone with that, we are adjourned. Thank you very much. Thank you, Madam Chair. Thank you, Steve. Thank you. Thank you, Steve.