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Minutes of Public Meeting - October 31, 2023

Commission Members Present:

Ellen Zavian

Tammy Lafferty

Terry West

George Mahoney

Robert Lillis

Konrad Wayson

Ernie Grecco

Dr. Jennifer Wright

Staff Present Representing the Maryland Racing Commission:

J. Michael Hopkins

Executive Director

Eric B. London

Assistant Attorney General

In accordance with §3-302, General Provisions Article, Annotated Code of Maryland, the Maryland Racing Commission (“Commission”) met in person and by conference call in open session at 12:30 p.m. at Laurel Park on October 31, 2023. Prior to the meeting, Acting Chair Tammy Lafferty informed the public that their phones or computers should be muted, but she would give the public the opportunity to address the Commission during Public Comments. At the start of the meeting, Acting Chair Lafferty confirmed that a quorum of Commissioner members were either present at Laurel Park or participating by phone or computer. In addition, Commissioner Lafferty introduced Dr. Jennifer Wright, the most recent member appointed by Governor Moore.  Dr. Wright gave her background as a Veterinarian in Chestertown.

Minutes –October 3, 2023.

The Commission waived a reading of the minutes of its meeting on October 3, 2023, and voted to approve them unanimously. Commissioners Konrad Wayson and Jennifer Wright abstained from the vote, as they both were not present at the October 3, 2023 meeting.

Maryland Jockey Club 2024 Racing Date Requests.

Executive Director J. Michael Hopkins informed the Commission that the Maryland Jockey Club, Maryland Thoroughbred Horsemen’s Association and the Maryland Horse Breeders Association had not resolved an extension to the ten-year agreement beyond December 31, 2023. However, in order to meet the statutory requirements for the award of racing days, the Maryland Jockey Club had submitted a racing schedule through May 2024 and has requested racing dates for the remainder of calendar year 2024, with the knowledge the proposed schedule may change. Mr. Hopkins also reminded the Commission that all racing dates must be approved on or before December 1 for the ensuing year. Mr. Hopkins further stated that three of the requested dates conflicted with a request submitted by the Maryland State Fair. Commissioner Bobby Lillis asked about the conflicting days. Mr. Hopkins responded by saying that the Maryland Jockey Club provides the State Fair with all operational support to run the racing days at Timonium and that he was not aware of any discussions that had taken place to resolve the conflict. Other Commissioners expressed concern of approving days that conflicted with others.  Mr. Hopkins responded that he believed the overlap of days was not impossible, but highly improbable and that he was confident that the issue would be resolved. Hearing no objection, the Commission unanimously approved the 2024 proposed racing dates submitted for Laurel and Pimlico by the Maryland Jockey Club.

Maryland Jockey Club 2024 Rosecroft Racing Date Requests.

The Commission was presented a request from the Maryland Jockey Club for the 2024 Rosecroft race meetings that will be conducted between January 1, 2024, through December 31, 2024. Hearing no objection, the Commission unanimously approved the request.

Fair Hill Amended 2024 Racing Date Request.

Executive Director J. Michael Hopkins informed the Commission members that he had received an amended racing date application from the Fair Hill Foundation. The Foundation was requesting approval for specific days of live racing on May 21, 25, 27, August 31, September 2 and three other days. Mr. Hopkins further explained that Fair Hill is permitted up to 8 days of racing per year. Hearing no objection, the Commission unanimously approved the request.

Subcommittee Discussion – Commissioner Zavian.

Commissioner Ellen Zavian reported that she had discussed the development of an onboarding process for Commissioners and an educational process, like K through 12 initiatives, with other Commission members. Ms. Zavian continued that the onboarding process would be useful to future Commission members and that an educational portal would provide opportunity for individuals who were not familiar with horse racing to have a place to obtain information. Cricket Goodall representing the Maryland Horse Breeders Association responded that there are opportunities currently available and that she would be happy to meet with Commissioner Zavian to further discuss the issue. Commissioner Lafferty commented that she supported both ideas and would like to table the discussion until the January meeting, which would give time for Commissioner Zavian to develop a brief proposal that would be presented to the other members at the January meeting.

Maryland State Fair 2024 Racing Dates Request.

Executive Director J. Michael Hopkins provided the Commission with a request from the Maryland State Fair, for its 2024 racing schedule. Their request specifically identified ten days of live racing during the State Fair. August 23, 24, 25, 30, 31, September 1, 2 and September 6, 7, and 8. Having discussed the conflict issue previously and hearing no objection, the Commission unanimously approved the request.

Maryland Jockey Club Update.

Mike Rogers reported that Maryland Million Day was a successful day and wanted to thank the Cricket Goodall and the Maryland Jockey Club team for making the day successful. Unfortunately, due to the rain, handle was down for the day compared to past years. Mr. Rogers thanked Commissioner George Mahoney for taking the time and effort to come to Laurel and tour the facility. Further, the Commission was made aware of the Breeders Cup Watch Day on November 4th, Military Family Appreciation Day on November 11th and the Thanksgiving pie give away on November 23, 2023. Commissioner Wayson asked how the new track superintendent, Ken Brown, was doing. Mr. Rogers responded that he was doing a good job and that the horsemen were pleased with the hire. Commissioner Wayson concurred. Commissioner George Mahoney asked who was taking care of the track at Pimlico while Ken Brown was at Laurel. Mr. Rogers responded that Dan Fink, who has been at Pimlico for approximately 20 years, was taking care of the day-to-day operations at Pimlico. Mr. Rogers also informed the Commission that the Potomac Pace would be conducted at Rosecroft on November 9, 2023, and the live handle is trending up at Rosecroft. Commissioner Lillis asked if the Rosecroft property was back on the market for sale. Mr. Rogers commented that the track has always been on the market.

Ocean Downs Update.

Peter Szymanski, representing Ocean Downs, reported that their 3rd quarter revenue exceeded 2022. Mr. Szymanski also reported that their export revenue was up over 2022 and that their carpet installation as well as the replacement of the clubhouse glass was almost complete.

Public Comments.

Cricket Goodall, representing the Maryland Horse Breeders Association, thanked Mike Rogers and the Maryland Jockey Club for their help on Maryland Million Day. April Smith, representing Friends of Pimlico, read from a statement, and commented on the impact of the Maryland Thoroughbred Racetrack Operation Authority on the future of Pimlico. Tom Cooke announced Bob Schiewe from Minnesota as the new Director of the Cloverleaf Standardbred Owners’ Association. John Scheinman, a writer and horse player, voiced his concern over the recently amended regulation that would allow a trainer to enter three horses in a race.  He voiced his concern about the ability to comment on the regulatory change. Mr. Hopkins and Eric London, counsel, responded that the amended regulation was placed on the agenda, was proposed in the spring of 2023 and followed all the state regulatory processes for proposed regulations.  Although the proposed regulatory change was also in the minutes of the Commission, Mr. Hopkins agreed to set-up a separate section of the MRC website for proposed regulatory changes, giving the public an additional opportunity to make public comment. 

Next Commission Meeting.

January 2, 2024, at Laurel Park starting at 12:30 P.M.

/s/ Tammy Lafferty

Acting Chair