Officials angry over state's OK for OTW
Construction could begin by the end of the year
BY KATHY CHANG
Staff Writer

Woodbridge Township Council President Patricia Osborne said officials were left in the dark when the New Jersey Racing Commission (NJRC) approved an off-track wagering facility in Fords.

"We thought we had a partnership," said Osborne at the council work session meeting recently. "I am concerned and outraged that the township was not notified by mail or other official means."

Racing commission members unanimously approved the New Jersey Sports and Exposition Authority's (NJSEA) application to spend $6 million to turn the old A&P store at 3 Lafayette Road in Fords into a state-of-the-art off-track wagering facility, at a Sept. 26 meeting at Freehold Raceway in Freehold.

The vote was 4 to 0. One commissioner abstained because he was not at the hearing, and another recused himself from the vote due to a conflict.

The state Attorney General's Office has 14 days from the day of the vote to either approve or deny the Fords facility.

"State Attorney General Stuart Rabner will make the final decision," said Jeffrey Lamm, spokesman for the state Attorney General's Office. "He will decide either to accept or deny [the OTW in Fords]. We're looking for a decision by the end of next week [no later than Oct. 13]."

Interim Mayor and state Sen. Joseph Vitale found out about the vote by a phone call from the press. He relayed the information to Township Council members that afternoon.

Osborne said officials were told several times that the NJSEA would not put a facility in an area where it was not wanted.

"Legitimate concerns were clearly made at the public hearing in August," said Osborne. "However, to make it fair, there were residents who were in favor of the facility."

The NJSEA followed the 2001 state statute precisely, she said.

"The state law process is flawed," Osborne said. "All the calls and letters that were sent to the NJRC and NJSEA were to no avail. They have a total disregard for the public. They shouldn't close their eyes when they make a decision. It doesn't say that we can't reverse our decision. This obviously fell on deaf ears."

Osborne called upon Township Attorney Craig Coughlin to continue to explore avenues to prevent the OTW from being built in Fords.

But Peter DeSimone, NJSEA's director of off-track wagering, said that everyone was informed of the application's timeline from the very beginning.

"All the public officials were well aware of the timeline," said DeSimone. "After the Aug. 24 public hearing, it was said that the NJRC would have 30 to 60 days to render a determination. The newspapers reported it, everyone was well aware."

NJRC's vote fell on the 34th day.

NJRC's Executive Director Francesco Zanzuccki said that the NJSEA's application was in due form and consistent with the requirements of the law in the NJRC's final report.

"The Authority had demonstrated by clear and convincing evidence that the grant of a license to the NJSEA for the purpose of establishing and operating the said proposed off-track wagering facility will not be inimical to the interest of the public and the horse racing industry ... its ancillary industries, and positive impact on open space considerations in this state," the report said.

The report said that while the NJRC is appreciative of the public's concerns, they must also consider the positive public commentary and public interest ramifications of the Authority's proposal.

"The proposed facility, in addition to providing a quality recreational opportunity for the public, will create new jobs and enhance the economic future of the township of Woodbridge, the surrounding area and the state," the report said.

The council passed a resolution June 20 in support of the OTW facility. The 2001 state statute gives municipal governing bodies 45 days to reply after receipt of NJSEA's notice of intention.

A town may disapprove of a proposed OTW facility within a 45-day period, by adopting a resolution that will be binding on the authority and the commission as soon as the entities receive it.

The council received the Authority's notice May 12.

The Woodbridge Planning Board voted 6-1 in favor of the proposal at the June 28 board meeting. NJSEA appeared before the board to achieve compliance with the provisions of the municipal Planning Board requirements. The board's June 28 resolution was sent to the authority on July 5.

But council members withdrew their support for the venture at the Aug. 1 council meeting, which came after the 45-day deadline [June 26].

The council's decision came after the meeting with more than 75 residents on July 20. The meeting was organized by residents Yazmin Chas and Carole Mayti. The residents expressed concerns about traffic, the close proximity to homes and schools, and possible problems with compulsive gamblers.

Ward 2 Councilman Richard A. Dalina sent a letter to the NJSEA on July 14 asking them to reconsider another location because residents opposed the project.

In the council's Aug. 1 resolution, the council urged the Authority to "join the council with a commonality of purpose and withdraw its consideration of the Fords location as the proposed OTW facility in the best interest of the community and to consider possible alternative sites."

However, the Authority decided not to withdraw its proposal.

"The Authority explained it had devoted much work and made many concessions prior to the issuance of that resolution [Aug. 1], and further believed that the Fords location was the appropriate site for the facility," the NJRC report said.

The racing commission held a public hearing on the Authority's application on Aug. 24 in Iselin to comply with the provisions of the state Off-Track and Account Wagering Act. Roughly 300 residents attended the hearing.

DeSimone said if the attorney general's office approves the OTW in Fords, he hopes that the construction will begin at the end of this year and early next year.

"We were hoping for a grand opening during the Kentucky Derby, which is the first Saturday in May," he said. "However, to be more realistic, we're looking at a July opening for the OTW to be up and running."

Carole Mayti, who presented NJRC officials at the public hearing in August with over 1,100 signatures and 450 letters opposing the plans, and attended the regular meeting on Sept. 26, was not happy.

"I'm very disappointed," she said. "They tried to reassure me ... I guess I'll have to live with it."