By Gene Robbins, Managing Editor
About 500 pages of detail about the proposed operation of an off-track wagering site proposed for Hillsborough is available for view on a computer. The state’s sixth off-track wagering facility is proposed for a former restaurant on Route 206 at Park Avenue, just south of Brown Avenue.
The N.J. Racing Commission has made public the application this week and the township government — as promised — has posted it on its website at www.hillsborough-nj.org.
Mayor Douglas Tomson was among the first three people to make a public records request. He said he went to the commission’s offices in Trenton on Monday.
“I did what every member of the public can do and made an open public records act,” said the mayor. “I wanted to see it right away. They said I could see it, get a printed copy or have it emailed. I said I wanted all three.”
He came home with what he estimates is a 500-page document that was scanned and posted on the website. On Tuesday, he hadn’t gone through it intently, he said, but added “I would hope what was presented by (applicant’s attorney James) Mr. Aaron accurately reflects the application.”
He said people could see details about the financial shape of the business, security procedures and other details. There are 16 files on the website, and each file opens to many pages. For instance, there is a 66-page food and beverage services management agreement between the company that would own the OTW and restaurant, and the company that would manage the restaurant.
“From the beginning, Hillsborough Township has striven to make sure this entire process was open to the public,” said Mr. Tomson. “State law, in many areas, has prevented that. The decision to release the application to the public, although later than we hoped, is a positive step.”
The Racing Commission released the document after final public comments were received by the July 30 deadline. Nothing new was received that required investigation, so the commission decided to make the application subject to Open Public Records Act requests, said Frank Zanzuccki, executive director of the commission.
The commission held a required public hearing in Hillsborough on July 22. Members of the public, as well as Assemblyman Jack Ciattarelli and Mayor Tomson, pressed the commission to make the document public.
Mr. Zanzuccki said Friday the commission heard the public “loud and clearly” and after the investigation was closed saw no reason to deny access to the application. On Friday afternoon, there had been three requests, he said — one from the mayor, one from the township government for both a printed and electronic copy, and one from an individual.
The OTW would be called “Favorites at Hillsborough Township” and have separate but connected restaurant and wagering areas. There would be simulcasts of standardbred and thoroughbred horse racing from around the country most days of the year. A $20 million annual handle is projected.
The Racing Commission must act on the request between 30 to 60 days from July 30. The commission is likely to address the application at its meeting on Wednesday, Sept. 16, at Monmouth Park, said Mr. Zanzuccki.
Mr. Ciattarelli said in a statement, “While the public comment period has ended, the Racing Commission made the right decision to allow the public to review the developer’s application. The OTW approval process has been more than frustrating and the lack of transparency has only added insult to injury.
“The decision to release the application, though late in coming, is a positive development,” said Mr. Ciattarelli. “Like any other application that goes before a local land use board, citizens should be allowed to review this OTW application.”
Last year, Mr. Ciattarelli introduced legislation (A-3127) that would reverse a section of law changed in 2011 that eliminates a municipality’s right to have the final say whether an off-track wagering business could operate within its borders.
The bill, co-sponsored by Mr. Ciattarelli’s district colleagues, Senator “Kip” Bateman and Assemblywoman Donna Simon, restores the ability of municipalities to reject a proposed off-track wagering facility, and to remove the five-year tax exemption, abatement, or payment in lieu of taxes for privately operated off-track wagering facilities. The bill has not advanced.
Mayor Tomson said in a statement, “Permitting an OTW facility to operate in Hillsborough, or any town, should be decided by the municipality, not the Racing Commission. This may work in some towns, but not necessarily in Hillsborough. I appreciate the commission disclosing the application so the public can examine it thoroughly.”
