 A special meeting today that we want to get started and we thank the officials in residence of Plainville who, I'm going to have to hold for one second, everyone, bear with me, okay? I just realized that there's another, with all of that I lost one document. Let me go again. That's my list, Crystal. It disappeared. Let me just find you. Steve, are you ready to wrap up racing this month? I can resend it, Kathy, if you need it. It's been a good season, right? It's been decent. It's been a decent season. On its way. Nice to do it this in person. Let's go. Let's get started, everyone. Thank you. Good morning and welcome. Today is the consideration of PGR's 2022 Racing License Application. Today is Monday, November 8, 2021, and this is a public hearing before the Massachusetts Gaming Commission relative to the application for a license to hold or conduct a racing meeting for calendar year 2022 submitted by Plainville Gaming and Redevelopment LLC or PGR. You all know my name is Kathy Judd-Stein. I'm the Chair of the Commission, and I'm joined today by my fellow commissioners, Commissioner Cameron, Commissioner O'Brien, and Commissioner Hill to confirm that we are here and we're working remote. If I could just do a roll call. Good morning, Commissioner Cameron. Good morning, everyone. I am here. Commissioner O'Brien. I am here. Thanks, Commissioner Hill. I am here. As you may know, the commission has a fully issued a license to hold or conduct a racing meeting for calendar year 2022 to PGR. The commission will take into account the public support for this proposal and making the final award of the license. According to your presence here today in the written comments you have submitted will play an important role in the decision we thank you for being part of this process. Before we begin the public hearing, I'd like to lay out the process and establish a few ground rules that will follow. The hearing, which is provided for by Section 3 of Chapter 128A of the Massachusetts General Laws, is intended to afford an opportunity to offer input and comment on the application to any entity or member of the public who is interested. The hearing will begin with a presentation by the applicant. After the presentation we will open the floor to public comments. The applicant will then be given an opportunity to make any closing comments that they may have. To make sure we hear from all of you, we have a few logistical and housekeeping rules. First we have, I'm sorry I'm getting, is everyone able to hear me still? Karen? Yes, yeah I can hear you. Although I'm getting a message the internet connection is unstable, so I'm going to check with IT, I'll be back, I'm just going to check with them. First we have invited members of public issues to come and sign up for this hearing advance. If you send an email to the address on the notice of the public hearing, your name has been added to our list. If you have not contacted us in advance and would like to be heard today, please go ahead now and email crystal.howardatmassgaming.gov and I'll spell that. When your name is called today, please unmute yourself if you can. If you're having trouble, star six will work but we'll be here to help you and state your name and please let us know where you're from. And to accommodate everyone, we've asked that you limit your comments to three minutes but I'm a little bit relaxed about that. For those who have submitted written comments about this application, please know that the commission will review and consider each and every one of them and we thank you for taking the time to send them in. With that I will ask the applicant to please identify its representatives and begin its presentation. Madam Chair and commissioners Cameron Hill and O'Brien, thank you this for the opportunity to present the license application for the harness racing here in Plainville, Massachusetts, Norfolk County for the 2022 racing season. Also on the line, I'm not sure if they would weigh in today but it's Chris McElaine, the Senior Vice President of Racing for Penn National Gaming and Lisa McKenney, our compliance manager. I'm Steve O'Toole, I'm the Director of Racing here and I'm pleased to submit this racing application on behalf of Plainville Gaming and Redevelopment. This will be the 24th racing season here at the property. This application is highlighted by 110 days of racing here at the facility. The highlights of the application I'm saving, the other highlights of the application I'm saving for tomorrow is the utilitary hearing which will get into the more of the nuts and bolts of the seven criteria for licensure statutory criteria and I look very forward to the comments today in support of our license application. We have the fire chief and the police chief who historically have made comments on the racing application as well as some prominent figures in the Plainville community. So with that I would let you start the proceeding and if you have any questions of course at the end I'll be willing to answer anything that you have. Thank you Mr. O'Toole and thank you. We'll get started then. Good morning. We're going to begin with Chair Brian Kelly. He's the Chairman of the Plainville Board of Select. Good morning Mr. Kelly. Hi, good morning. Thank you very much for the time today. In order for us for myself to offer my support in moving forward with issuing dates for next season on behalf of myself and all my constituents, you know this has always been a staple in Plainville. It's always been something that has put our town on the map and when the opportunity came to expand the facilities there years ago you know we would never have had that opportunity had it not been for Plain Ridge and the harness racing. It's definitely a foundational piece of the town with respect to our equestrian industry here in town and in the surrounding areas and I just want to say that you know they've always been a great partner to our town especially through the expansion. We owe you know a big debt to their to their operation there and their continued partnership and you know I think we've got our chiefs on the line here as well who can speak from a public safety standpoint and I think they'll also offer their support but just want to say that they've been a tremendous partner of the community and you know nothing but positive things we want to offer our 100% support for you moving forward with this. Thank you very much. Can I interrupt for one moment Madam Chair? I can hear anything you just said. I'm sorry to say. Well that's okay. I can't hear you. Keep going in and out. What difficulties we will be right. Just fine. Can you hear us now? Loud and clear at this point. Thank you. There's something going yeah so we'll just go back to using my laptop. I disconnected and and put a little prayer at the same time. It's perfect now. Thank you. I don't know what I did but we have real experts who can figure it out afterwards. Thanks everyone for your patience. So I'm just trying to fix this view one more time. All right so now thank you so much Mr. O'Toole and Chairman Kelly. We're going to now turn to our our two chiefs. Good morning Chief Jim Floyd, Plainville's Police Chief. And I'm not sure if I see Chief Floyd. I see that your video is not on just so you know. Do that right now. Okay great thank you. Let me see if I can do that or maybe it might be that Austin you need. Excellent thank you. Good morning everybody. I like to say that Plain Ridge has been a large staple to our community much like our current Chair Brian Kelly suggests. Their ability to adapt to current times whether it be through pandemics or changes in racing schedule or any of those challenges. They always rise to the occasion and they are significant when it comes to communication in trying to find resolutions to problems or just merely just trying to get through that process. As far as policing it's a very very limited number of issues we have up there. Like I said when there is an issue Steve does a great job coming to us. Talks about special events. Their Director of Security is also phenomenal as far as coming up with operational plans and suggestions as far as to mitigate traffic and other problems that are up there. So really I wholeheartedly support the continued licensing process and ability for Plain Ridge to continue as they have been in the past because they are they're a phenomenal partner with our community. Thank you so much and Christian Cameron are you leading into sales? I was. If you don't mind me taking a minute in this hearing to just congratulate Chief Floyd. Chief Alfred was a fabulous partner. In fact he was the first as you know you were serving as a lieutenant at that time to sign an MOU to work shoulder to shoulder with the state police. It's the model that we hoped it would work but your agency really took the lead and I think the model is fabulous. We do not have any public safety issues as you just pointed out and the partnerships have been fabulous and I just again wanted to congratulate you and just acknowledge the work that Chief Alfred did which was just phenomenal over the last nine and a half years. So thank you sir. Thank you and I would echo your statements as well. Chief Alfred was phenomenal with establishing one of the first MOUs in the state for that and as I said before Plain Ridge to state police and all of the people at Plain Ridge is phenomenal to work with and find resolutions to issues or problems or just simply complete the task at hand and I thank you. Chief Floyd with Commissioner Hill coming on board. We hope to do a visit to see the beautiful public safety facility and the town also. We look forward to seeing you in person. Absolutely. I look forward to that. Thank you. Next in mind then is good morning Chief Rich Baum on Plainville Fire Chief. Good morning. Good morning. I just want to echo what Brian Kelly and Chief Floyd said. Plain Ridge for us has been a wonderful community partner. You know I've been in my whole career I've been here and been partners with them. Steve and I have always been able to communicate when it comes to the racing side especially scheduling making sure we have people on board making sure that safety is considered first and foremost for both their personnel people on the barns the jockeys and the casino itself so I'm fully supportive of this I'm also a town resident so we voted for this whole casino back years ago and I couldn't be happier to be here for him and the casino it's it you know we do we supply people up there for him on a regular basis. We don't really have any issues and anything that may even be a potential issue Steve and I communicate frequently by cell and at any moment soon as we can reach each other and basically mitigate anything before it becomes any type of an issue. That's really all I have to say welcome. I wholeheartedly behind them and look forward to continued support and working with them as a community partner. Commissioner Cameron did you want to say something? I just wanted to congratulate the new chief as well. Again it's been a tremendous relationship which I know you'll carry on and just welcome and congratulations. Thank you. Yes we with the COVID disruption we haven't had a chance to meet you in person and as again we're lining up that special tour so that Commissioner Hill can see really how this relationship results in such a state-of-the-art facility for the residents of Plainville and and beyond I know that the training expands into the region Chief Paul so we thank you thank you for your comments today. Okay moving on now to a Plainville resident and and I hope that you'll correct me if I mispronounce your last name. It's Mr. Bergenbeen Bergenbein. Is that pretty good? There's a little friend Canadian me that I'm probably introducing here inappropriately. It's Dale Bergevine. My nickname is the mayor in town. I've been here since 1958. I've been born and bred. I love this community. I love Kathy Parker. I love them all. This has been nothing but a tremendous asset to this community in Plainville. They've done a great job. They're great partners. You call. They will help you with anything in this community between the senior center, Kathy Holman-Turkey's for everybody, Food Drives, Steve Dominic and the new GM and the previous one Lance. They were just just tremendous to this community. It was probably I have to say being here since 58 I wouldn't remember those days but I'm 63 but they've been nothing nothing but a tremendous asset to this community and we wouldn't have the town hall. We wouldn't have the fire. We wouldn't have purchased the land and I have nothing but positive things to say and as of probably the whole community. It was just fantastic and I really appreciate you allowing me to speak on behalf of Steve and the casino. Excellent. I think that you spoke at the last hearing if I recall. I'm what they call a townie. So Kathy can attest to my nickname is the mayor. I get involved in everything. What my beliefs are for the community and this has been nothing but a tremendous asset. As Miss Cameron knows me I've spoke to her several times and I'm not afraid to speak up but nothing negative. It's just this is a great community playing with just a great little town and what it's brought to us. We would never have a new fire. We would never have a new police station and fire in town hall. The last town hall Kathy can attest to was it was bad. So we're in the mon century and from Steve and obviously Penn National. They're fantastic neighbors. I appreciate your time. Thank you. And Miss Parker you're following so thank you so much. Thank you. Thank you so much again for allowing me to speak today and I can just echo what everyone else has said. First of all Steve thank you for all the hard work you do not only for for Plain Ridge but also for the town of Plainville because you're always there. As Dale said you are always willing to step up and help out. I haven't been here since 1958 so I'm kind of a nobie. I've only been here since 76. I retired in 19 eight I'm sorry 2018 after 38 years as the treasure collector. So as Steve mentioned this is what the 24th season. I remember the first season. I was a supporter of the track when it it was proposed to move into Plainville. We had one of the undeveloped spots on 495 Carter at that point and it was perfect for the track because it was a it had been a dugout sandpit or whatever. I can't remember exactly but it was right for development is the point. We were very lucky as time went on to see how the growth of that that whole corridor came to fruition with that first development more came and then the track was just always there for us to anytime we reached out for any help and then as we saw the track move into the casino phase of development and all of the benefits that both of those entities both the racetrack in the casino has brought to Plainville just can't be discounted. You know from a standpoint of a resident who lives downtown and somewhat congested when you can take a ride out to our west side of town and see all the host paddocks the bonds the workers that the hay farmers all of that is there because the racetrack stood the test of time and the development push that was on at the time it didn't have to happen because we had a viable resource for all of those horses to be boarded. I used to have boarders come into the town hall to talk talk to me about what the town was like and was it a good place for them to think about boarding their horses. Again the jobs that were created the beauty of a horse country and seeing the horses out in in the fields it simply can't be discounted and that's what the plane which racetrack gave to the town of Plainville is an auxiliary benefit. The other thing is again the visibility of the the personnel in our community. I can't tell you how many times I saw either Steve excuse me or Dominic come into the town hall the old town hall. I'm glad to know that it has now been knocked down. I do have a brick thank you Dale. But again they were always there just making their presence known letting us see them being wonderful representatives not only for the racetrack but again when we were lucky enough to have Penn National take over in the last minute and preserve the dream of us having a casino here in town and then the continue of the racetrack. Steve and Dominic and the perfect people the front people for their their organization because they were there. Dale mentioned one other thing and and I just want to say it again the types of things that they do they never look for accolation they never look for for people bragging about their name or whatever but right now I'm ready next on Wednesday to pick up 88 turkeys from the greater Boston food bank that's a pretty tall order of where do you put 88 turkeys for 10 days well guess who steps up year after year and says well we've got some extra space. Steve O'Toole and Dominic they step up and we bring up to come to a loading dock two times once for their people to take it take them off of our hands and then the next and days later for them to put them back into our trucks that couldn't happen if it weren't for people like Steve O'Toole that I know I can call him and ask for a favor not for myself and not for himself but for 88 families we're now going to have a turkey on Thanksgiving instead of a gift card which makes a whole lot of difference so again I thank you for your time I am after 24 years continue to be a supporter of the plane plane ridge racetrack. Thank you so much Ms. Parker and that's a great story and the great service that you're providing to your community so thank you um we have one more speaker on our list and again Crystal um Howard is monitoring anyone who wants to speak um we invite folks today to speak but we have uh Barbara Kellogg I'm looking to see if she has joined us if she's on the phone hi can you hear me yes we can now Ms. Kellogg that worked hi my name is Barbara Kellogg I live at non sets and road in the Holly mass I'm a landowner and a horse owner um one of my horses actually is a standard bread that was rescued by a New York Sheriff's office that I adopted um I just have a few specific issues with the application for racing in Plainville that I would like to address briefly um actually going from back to front exhibit 27 lists numerous simulcasts of foreign greyhound racing in 2008 as you know Massachusetts voters by petition ballot prohibited any dog racing or racing meeting where there was any form of bedding or wagering on the speed or ability of dogs um I just think it's past time to move on and not approve the simulcasts of feeds of dog racing as it's it was prohibited by the citizens of the Commonwealth also I would suggest that the attached exhibits don't really show a public benefit for the actual horse racing portion of the venture especially given that it's subsidized by the racehorse development fund certainly there are benefits from the slots to the host community and the Commonwealth and the anticipated sports betting will be an added benefit but I just I don't see the benefit for the millions of dollars that the Commonwealth pours back in to pay for the the racing aspect of it and then third and most importantly I or possibly most importantly regarding question 15 in the application and exhibit 15 personally I feel this application is the latest evidence that the gaming commission needs to overhaul its regulations and standards and controls to ensure that all aspects under your jurisdiction are lawful and follow proper and legal procedure under question 15 and exhibit 15 the burden is on the applicant to prove that all prerequisites have been met such that this commission has jurisdiction to approve racing in Plainville it specifically has the burden to prove that proper steps were taken by the Plainville Board of Selectment to approve the location pursuant to 128a section 13a this application does not include evidence that the public hearing conducted by the board in September of 1997 was properly advertised and noticed it may well have been but the application doesn't provide any such evidence and I can't find any in any prior applications there is in fact an attested copy of the Board of Selectment meeting that was this board meeting of September 8 1997 but there is no attached record of the posting in the requisite publication at least seven days prior to the hearing I would suggest that without such evidence of this condition precedent that's required by section 13a the agency has no authority or jurisdiction to approve the application and the burden is on the applicant to furnish that required evidence I just would like to point out that the year before 1996 a similar the more egregious submission occurred in another application to well what was then the racing commission in an application to race in great barrington prior to that application not only was there no public hearing and certainly no notice of a public hearing but also the select board never actually voted approval of the location nevertheless the racing commission granted the application even though it had no no jurisdiction to do so and this sort of um incomplete information continues to this day in 2021 the stirbridge board of select men voted to approve a location for horse racing subject to specific conditions including a major zoning change and execution of a host community agreement despite these major conditions and despite some arguably deficient notice issues the application filed with the commission for racing and stirbridge included a letter from the chair of the board stating that the location had been approved period no mention of any condition um so I just I would ask the commission to maybe overhaul some of its regulations and procedures to ensure that these sorts of um omissions don't continue um and perhaps also to look at the public notice that you have for hearings such as this um that maybe should be more than a posting on your website in a couple of emails I believe that the public the voters the taxpayers are all stakeholders not just the horsemen um and that the even the 2016 UMass economic impact report paid for by the racing industry acknowledges that the majority of horses in massachusetts are recreational and so I believe if you want to help the equine industry the barriers the hayrowers everyone else um it's not by subsidizing the few millionaire you know owner breeders um but to if you're going to set aside gaming revenues to help the equine industry um it it should be for the the industry that is actually present in massachusetts and not um the racing industry so um that's pretty much it for today thank you thank you miss calag and um we'll be this is very helpful input and we'll be examining each each point that you made thank you okay um crystal um I know that they are happy to receive any other um request to be heard not at this time no okay and so we are at um 1037 I'm going to give you the opportunity to um come back as the representative for the applicant um to make final comment we do have an obligation as I understand it Caitlin and Todd to keep our hearing open until noon correct it was uh posted for 10 to 12 is that right I believe it's posted to one Kathy oh to one let me double check that but I think it is on a state sorry Caitlin Todd can you help out here sorry just got it it is it is posted to one I was just looking at it too we hit it we found it at the same time it is great I couldn't while to dig through the files there's just I couldn't speak to see um so we have an obligation to keep this meeting um going all commissioners don't have to stay on you of course can choose to stay on um I I'm gonna uh invite Mr. O'Chill to uh follow up now and um Austin I think we can keep a slide open on the screen I'll be certainly attending uh to anyone who comes on for further comment I just um probably will we'll put the video down and uh and mute but we'll monitor the the hearing if that makes sense doing this virtually is a little bit different Todd yes no that's a great plan absolutely that works okay um and commissioners you may want to do the same thing as I'm doing and monitoring the event we get someone we would be able to to um obviously to marry in with that said I want to thank the um those who have made public comment today uh click to our process our full adjudicatory hearing will take place tomorrow where we consider the application and its merits um and we consider the input today I want to thank each of you who also submitted written comments those as I said earlier will be looked at and reviewed and part of our record and uh I shouldn't say it's simply looked at would be bad uh with that Mr. Atul would you like to make a closing statement and notably it's this is the 25th season or the 24th this is the 24th okay next year is the celebration yeah right yes I I would like to make a few uh closing comments um I want to thank uh Chairman Brian Kelly for his words as well as the new chiefs chief and uh while and I do want to congratulate them as well it's been a this has been a pretty easy transition for me because they've both been around for so long on on the forces and work their way up through which is a credit to them and I've been able to work with them right along for probably almost the whole time that I've been here doing my job so and they've always made it easier and so it's it's great to have them move into the positions that they moved into just as Justin and and and Chief Floyd did uh uh I mean Chief uh I'll uh see you forget you forget them once they're out what's the saying when you're out you're out but no that's that's really great for for me to be able to work with them I guess I owe I owe uh Dill Bergevine uh you know a thank you for his words as well as a check it's in the mail dail uh thank you uh and Kathy is just a fantastic person I worked with her at the uh at the town hall when she was when she was there and uh she said that you know that she reaches out to me for favors I used to reach out to her for more favors than she's reached out to me so it's always been a great relationship and I appreciate the comments that that we made and and I thank uh Barbara Kellogg for her constructive criticism on the application and uh we'll take a look at the issues that she brought up as well and I want to thank the commission for allowing me to speak today and uh on behalf of myself and my staff which is which is the best racing staff in in the Commonwealth if not the Eastern Seaboard uh my mutual manager uh who's who's newly appointed to that position Andrew Tavares does a great job with that mutual staff Lenny Calderon at racing services manager and announcer does a fantastic job and the rest of my staff uh here including the racing side Paul Verrat my race secretary uh they they work very hard in in what they do and I want to give them all all the credit in the world and it's also a credit to the commission to have the staff that you have on the racing division side uh Dr. Lightbound and her staff down in the test barn and on the regulatory side I appreciate you know the way that we that we've been able to work over the last five or so she's been in that position and so I thank the commission and for all your help as well thank you thank you everyone so at this time um Commissioner Cameron, Commissioner Bryan, Commissioner Hill do you have any questions that you want to ask or any clarifiers you need I see no I see no I'll set Commissioner Hill okay so I think what I'll do is make sure not to leave the meeting I'll keep open I think Austin will put up a sign um and anyone is welcome to come back up until 1 pm eastern standard time they can do so by contacting Crystal, C-R-Y-S-T-A-L Howard, H-O-W-A-R-D at massgaining.com or of course the um we'll be monitoring the um the open box that we posted also on our notice uh Katelyn and Todd you'll be monitoring that uh throughout the next couple of hours if we hear from anyone else it was just to be heard uh not in writing then um through the video today or calling in we'll tune right back in and and until then we thank everyone for participating today thank you thank you commission oh I just got kicked off hi Austin I think you can take down me thanks so much yes we have three of us to adjourn at least we're in a different spot I need I am do we need to adjourn since it's a public I don't think we need to officially adjourn that's what I wondered I saw I thought to myself if we had to at least we have three um have a something Carrie would know well because of the public hearing she conducts yeah my memory is that we didn't because it was a hearing as opposed to a meeting yeah but we're here in any case so 1257 and Crystal we received um one written comment that will go um to the written comments another one was no one has asked to speak Carrie hi Carrie we were just uh Channing we don't have um any obligation to formally adjourn correct um no because we didn't notice it as a meeting right just as a hearing yeah so with um the reg hearings usually we just sort of formally close it out but you don't need to vote to adjourn or anything like that okay great thank you so uh commission I help add it that reinforces the need to go down and visit Plainville there's been a change to offices there were a couple of key retirements so from what the chair of the Board of Elections remain the same but we'll want to meet the new town administrator I was in a meeting the other day and my little kitty just would not get off my laptop and I'm just like forget it he has cookie everybody this is Nina I'm sure you will meet mango at some point in the very near future not one to be left out I like Nina that's a nice name yeah she's a sweetheart the first time in a mango mango was wrapped around I mean snack yeah I like to crawl my left shoulder for some reason yeah and then since then she's gotten Bella the dog yeah she was very frustrated at my feet because the dog walker is late so that's what my cat likes to do my cat likes to sit on the floor next to me and just yell at me like why aren't you paying attention to me does your cat is your cat okay with the first floor now and there you said yeah she was terrified at first but now she loves it she likes to watch all the squirrels and pigeons sometimes I throw some breadcrumbs out so the pigeons all come over and she gets excited I bet you like being having that outdoors really directly accessible now it's nice it feels more like having outdoor space even though I don't have my own outdoor space um feels more like it than being up higher yeah yeah so Steve I think we're just about ready to close out you have um I don't see Commissioner Cameron on but I wondered if you had any remarks or anything that you want to say or you had a chance before no I think uh I think everything's been said that can be said today okay this is again tomorrow great okay so it's um a one o'clock crystal and Carrie I think we're all set I can actually hit the button that says leave the meeting uh commissioners are you all set I'll set yep we are yep all right all right thank you everyone and thank you to our legal team Austin thank you um and Ms Kellogg again thank you for your comments we appreciate it I think that's all I see on the screen thank you thank you everyone appreciate it bye