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Home My WebLink About1994-02-16 94-111 RESOLVE-&Njor, the renter o/ Blom,- The ommel to 03e440'1 sono ,, oea, ase e...eer, Amsorn i Olay of Pnngnr, AMitte FEBRUARY 15, 1994 W THE IQMOLi W TIC CL]Y COUNCIL, "ties is hereby, given that a special meeting of the city Council will he held in the Council noes, City Hall. Benget,_ Wednesday Febrauary16 1994 — l2 No 'clock Secial Council1 g- fS� c of R85➢L.E.-_— ^approval as Commercial Racetrack4er plication of Mill a Forcep kaF d, 421 Main Street and Miami North, 120 Broadway for an Off Track Betting License. 94-I11 RESOLVE Granting Approval as Commercial Racetrack Operator to Application of Miller's Incorporated for an Off -Track Betting Betting License. 94-112 RESOLVE Granting Approval as Commercial Racetrack Operator to Application of Miami North for an Off_ -Track Bettis Ile License. CRAIRMAN OF TBE CITY CO Assigned to fiouncilor Blanchette 94-111 Pebruary 16, 1994 CITY OF BANGOR Granting Appro al as Conroe ial k (TITLE) �li¢salUB,.. ..__._. .........._ ....Aac ........_ tra ... ...... operator to Application Of Miller's 'Incorporated for an Off -Track Betting License ......... _.._..... _. _. ....._. _......... ... ._....... I BY de GW Counts olthe City of Bangor. BBSOLVBD. WHEREAS, Millers Incorporated has submitted an application for an off-track betting license. pursuant to Title 8 MRSA S 275-D; and WHEREAS s application requires the consent of "commercial ,said racetracks" within a 50 -mile radius of the proposed location of the OTB facility,under 8 MRSA 5 275-0(3); and WHEREAS, the City of Bangor is the operator of a "comercial racetrack" within the meaning of 8 MRSA S 275-1)(3), but will transfer its license to Maine Historic Track, Inc. on February 23, 1994, prior to the next regular meeting of the Bangor City Council; and wREREAS, these circumstances constitute an "emergency" ,within the meaning of the City's Ordinances, NOW, THEREFORE, by the City. Council of the City of Bangor: RESOLVED, TRAT the City of Bangor, as operator of a "commercial racetrack^ within the meaning of 8 MRSA S 275-D(3)0 hereby consents to the application of Miller's Incorporated for an off-track betting license. • 94 -Ill , IN CITY COUNCIL R E S O L V E February 16, 1994 a Pee Granting Approval as Co®ercial Racetrack Operator to Application of Miller's CITY RR Incorporated for an Off -Track Betting License Y Assigned to councilor Blanchette 94-111 February 16, 1994 CITY OF BANGOR SPECIAL MEGO C TY COUNCIL FEBRUARY 16. 1994 (TITLE.)¢Solb¢--c,ran£Ing..-p�I a.:...._—tr Operator to Application of Miller'S NEW BUSINNSSIncorporated for an Off -Track Betting LicenygSIGNED TO ITEM NO. 1-_. '.. _. .__ _.-COUNCILOR By Me City Ca owU of Me City ofBnnpor: 94-11YSOLMOLVE Granting Approval as Commercial Racetrack BLANCHETTE Operator to Application of Miller's WHEREAS Miller's I�a�equbgy¢tgl}'yagraBRl$,6.p9 for n off-traq]q g license pursuant to Title 8 MRSA S2i5-0; and WWFPj(¢', RNgUtw?P1i irNp tlh®6c t 4¢1"6MX%Mhmaid<1 BALDACCI recebracka'bpAfit#tta 3bo JcW,4fjHa eY tpHarydopoaetl location o§1da1tgF 4TB' asp bypB,er �Hf9,fi4j 2j2:Ws&.3); and WHEREAS, the City of Bangor is the operator of a 'commercial racetrack" within the meaning ing of 8 MRSA S 275-D(3), but will transfer its license to Maine Historic Track, Inc. on February 23, 1994, prior to the next regular meeting of the Bangor City Council; and - WHEREAS, these circumstances constitute an "emergency" within the meaning of the City's Ordinances, NOW, THEREFORE, by the City Council of the City of Bangor: RESOLVED, THAT the City Of Bangor, a6 operator of a'commercial racetrack" within the meaning of 8 MRSA S 275-D(3), hereby consents to the application of Miller's Incorporated for an off-track betting license. MemoRANDo<4 �' TO: Bangor City Council QQ,, FROM: Bruce N. Shibles, AssOty Solicitor HE: Off Track Betting Applications - Miller's Incorporated and Miami North Inc. DATE: February 15, 1994 The purpose of this memorandum is two -fold. The first is to notify you of the steps taken by City staff to notify all current Participants in the OTB process of the special Council meeting. The second is to refresh the Council's memory on the approval process. I have notified the following individuals of the date and time of the meeting. - Stephen E.F. Langsdorf, Esq. (Inside Track-Mahaney/Day) 623-5167 (spoke personally) - George W. Kurt, Jr., Esq. (Pardners) 945-9494 (spoke personally) - Scott Maker, Esq. (millers) 623-6311 (spoke personally) - Don Simpson and Robert C. Treworgy, Esq. (Miami North) 945-3111 and 942-8249 (spoke personally) Phillip Mr Tarr, Chair, Maine Harness Racing Commission 287-3221 (spoke personally) - Daniel J. Dubord, Esq. (Cottage/Peter martin) 872-2743 (left specific message of date, time and and purpose of meeting) - Frank Jordan (Legends) 941 -1181(w)/942 -4933(h) (left specific message of date, time and purpose of meeting at both numbers) City manager Edward A. Barrett has notified Fred Nichols by leaving a specific message of the time, place and purposeof the meeting on Mr. Nichols' answering machine. This notice was given at the direction of the Council. There is no requirement in the statute, 8 M.R.S.A. 5 275-D(3), that a commiercial track give any notice of its decision making process. At this point, the Council is acting as decision maker in its capacity as the licensee and owner of a commercial racetrack. The City received notice a commercial track operator from both Millers and Miami North. Notification from millers took place o January 31, 1994 and from Miami North on February 15, 1994. If the Council, as commercial racetrack operator, doesn't act on each application within 30 days of the notification date, then approval is assumed and the Maine Harness Racing Commission (MHRC) can consider the application. In this instance, however, the Council will lose its ability to consider the application a commercial racetrack operator, if, as isanticipated, the NNNC transfers the license and race dates to Fred Nichols and Bangor Historic Track, Inc. (BHT) at its meeting on February 23, 1994. Because that transfer will take place within the 30 day period, the decision making process becomes the province of Fred Nichols and BHT at that time unless the City has already transmitted its decision to the MERE. The statute cited above sets out the criteria for the Council's decision as follows: "The commercial racetrack shall notify the commission within 30 days of receiving notice if the racetrack objects to the location of the. [OTB] facility based on adverse impact to the commercial track." The Council has previously decided that the other four (4) OTB license applicants would not individually have an adverse impact on Bass Park. One of those previous applicants, inside Track (Mahaney/Day) through their attorney, Stephen E.F. I,angsdorf, Eaq, has sent a letter, _a copy of which is attached to this memorandum, outlining reasons why the applications of Miami North and Millers would have an adverse impact on Bass Park. They have asked that this letter he considered as part of your deliberations, thus this transmittal. They were unsure if they could appear in person at the meeting. I have been informed that the mHRC will not consider the DTE issue again substantively until March 8, 1994, at a meeting to take place in Bangor. Bangor should be receiving official notification of the applications from the MERE today or tomorrow. This gives the City time to advertise for public hearings to be held on February 28 1994 at the next regular Council meeting. This hearing would be to consider municipal approval of the applications in your status as the municipal officers. Please feel free to contact me if there are any questions. cc: Edward Barrett, City Manager Erik Stumpfel, City Solicitor Gail Campbell, Deputy City Clerk FEB 15 '99 1252 FRETI M Y VEL -, PRE[I, FLAHERT,, BELNEAU& PACHR3S qt/-lel ATIORNW ATIAW u M¢MopNtl&CLE w.wl NLMwp u�o-nu AV4YNAMAMEM40xm causes •uGu mnmw TELWA M&VsN •vauom mwn February 15, 1994 "Mm PIA TELMAB AND MAIL Bangor City council C/o Bruce N. ehibles Assistant City Solicitor City of Bangor 73 Harlow Street Bangor, ME 04401 RB: off Track Betting Members of Bangor City Council On behalf of Larry Mahaney, Charles Day and James Day d/b/a Inside Track who have an application pending before the Maine Harness Racing.Commission-for theaward.ofan off-track betting license in Bangor, Maine, I register an objection tothe applications of Miller'a Restaurant and Miami North before you as a commercial race track licensee. The Bangor City Council, both as a municipality and as a licensee of a commercial race track, Ras previously given approval of Inside Track's application. The application process for the award of an OTB license by the Harness Bacing Commission has been in place since mid November, 1993. There were 18 notices published by the City of Bangor alone relating to public hearings on the applications. There has been wide -spread media publicity regarding the numerous public hearings scheduled by the Maine Harness Racing Commission. It was not until January 1994 that Millers Restaurant expressed any interest in applying for an Wa license. They acknowledged at the hearing on January 19, 1994 that they were well aware that the 0" process had been in place for several months. Miami North's application just surfaced. LED 15 '94�j2'.53 PRE1 L FRN PoIG A MIRE RRETI, PLAMTY, BELIVEAU & PACFIIUS. Bangor City Council February 15, 1994 Page 2 It is the position of Inside Track that the Bangor City Council should object to the applications pending before the City Council. The basis would be that approving an application at this time would be detrimental to live racing. The reason that it would be detrimental to live racing is that additional applications would cause considerable confusion within the Harness Racing Commission and would very possibly lead to a delay of several more months before an OTB license is awarded in the Bangor area. The Harness Racing Commission Chairman, Phil Tarr, made specific mention in his testimony before the Agriculture Committee on February 14, 1994 of the fact that these two additional applications were pending. The Commission s concerned because they do not know how to handle the two new applications. In summary, the City Council is urged to object as a commercial race track to the two pending applications before it because of the adverse impact on live racing. it is time for the OTB license to be awarded and failure to object to these applications may very well delay the process significantly to the detriment of live racing. Thank you very much for your consideration of this letter. Very truly yours, Stephen E. F. Langsdorf SEFL/pv 54428/10836. ABB