Legal action considered against OTW
State attorney general signs off on Racing Commission's decision

People can start placing bets on their favorite horse as early as July 2007 at the off-track wagering facility now slated to be built in Fords.

State Attorney General Stuart Rabner approved the New Jersey Sports and Exposition Authority's application for the facility on Oct. 12.

"He decided not to overrule NJRC's [New Jersey Racing Commission's] decision because he found it to be legally sufficient," said Jeffrey Lamm, spokesman for the state Attorney General's Office. "The process is done and approved on our end."

The NJRC voted 4-0 to approve the OTW in Fords at its Sept. 26 meeting at Freehold Raceway.

Rabner had 14 days from the day of the vote either to approve or deny the Fords facility.

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

Carole Mayti, who presented NJRC officials with over 1,100 signatures and 450 letters opposing the plans at the August public hearing, said she couldn't believe Rabner's decision.

"I sent a letter to him, which obviously was to no avail," said Mayti. "Everyone's so upset. The whole thing fell on deaf ears. I sat in that September meeting in Freehold and it was like a good old boys club. There was food and everything."

Mayti said she would continue to protest the OTW facility.

"They abide by us," she said. "They don't know what's coming; I will go to every meeting they have. I will continue to police them and monitor every move they make."

Peter DeSimone, NJSEA's director of off-track wagering, said he is glad the NJSEA can deliver to the many people who encouraged the authority to put the OTW building in Fords.

"Yes, there were people who were not in favor of the OTW, but there were many people in favor as well," said DeSimone. "I received many phone calls asking us to stay our course and encouraged us to go on. No one lost sight and I'm proud that we can say we can deliver."

NJSEA will spend $6 million to turn the old A & P at 3 Lafayette Road in Fords into a state-of-the-art off-track wagering facility. It will include a bar and restaurant and 40 plasma televisions that will allow patrons to gamble on horse races around the world.

DeSimone said the NJSEA wanted to have the OTW up and running the first Saturday in May for the Kentucky Derby.

"But we realized that target date may be ambitious," he said. "Now, we're looking for a target date for July or August 2007."

Township officials are not happy with the attorney general's decision and want to pursue a lawsuit against the gaming commission.

"I am very disappointed with the state attorney general's decision," said Ward 2 Councilman Richard Dalina. "But I'm not surprised. I kind of figured that they would approve the site with or without the council's approval. Now, we are asking the legal department to look if we can get any legal recourse against that decision. We will see what happens from there."

State Senator and interim Mayor Joseph Vitale and the Township Council will discuss possibilities early next week about possible legal action.

"[Township Attorney] Craig Coughlin will look to see if we have any legal grounds we can take to pursue a lawsuit against the gaming commission," said Township President Patricia Osborne.

The NJSEA cannot open or operate their own liquor license for the bar and restaurant, according to the state Off-Track and Account Wagering Act.

"We are exploring all our options for the liquor license," said DeSimone.

Township officials say the state law process is flawed.

The council, with support from Vitale, Police Chief William Trenery, Deputy Chief Philip DiNicola, Ward 2 Councilman Richard Dalina and Councilman James Carroll, passed a resolution June 20 in support of the OTW facility. State statutes give municipal governing bodies 45 days to reply after receipt of NJSEA's notice of intention.

A town may disapprove of a proposed OTW facility by adopting a resolution that shall be binding upon the authority and the commission as soon as the entities receive it.

Dennis Dowd, NJSEA's senior vice president of off-track wagering, hand-delivered a letter of notification to the late Mayor Frank G. Pelzman on May 12. Pelzman died suddenly of acute melanoma in June 29.

The Woodbridge Planning Board voted 6-1 in favor of the proposal at the June 28 board meeting. The 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 a July 20 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.

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

The council urged the NJSEA in an Aug. 1 resolution to withdraw its plans for a Fords facility and consider possible alternative sites.

However, the Authority decided not to withdraw its proposal.

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 meeting.