Valley View Downs appeals rejection

A state lawmaker is calling on the governor to remove one commissioner who lives in New Jersey.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
BEAVER FALLS, Pa. -- Valley View Downs thought there was a finish line in Pennsylvania's race for the last harness racing track license, but the company now contends it was a sham.
The Indiana-based company filed its petition Friday for reconsideration and a petition to present new evidence to the Pennsylvania Harness Racing Commission.
Valley View, owned by Indiana-based Centaur Inc., proposed building a racetrack off Pa. Route 51 in Beaver County. Its chief competitor, Bedford Downs, has proposed a track off U.S. Route 422 in Mahoning Township in Lawrence County.
When the harness racing commission issued its written explanation of its denial of the license to both entities, the report cited problems with the topography and design of Valley View's site.
The Valley View petition filed Friday states that those things can be addressed by design changes and seeks to reopen the record to change those items.
Rick Kelly, Valley View spokesman, said the company has acquired more property since its last plan was submitted to the commission and can easily make suggested changes. He also noted that criticism by the commission of Valley View's planned 5/8-mile track can be fixed by making it a 1-mile track, if needed.
Valley View alleges bias
But more troubling, contends Valley View, is that the harness racing commission held the last license to a different standard than it did the most recently issued harness track license given to Chester Downs. It also asserts that Commissioner Richard Bolte was biased toward Bedford Downs and its plan for a one-mile harness track.
Valley View contends two horsemen who testified on Bedford Downs' behalf during the hearings have raced horses owned by Bolte. The company also noted that Bolte maintains a New Jersey residence.
Gov. Ed Rendell appointed Bolte to the commission in November 2004, after public hearings on the Valley View application were mostly completed. But records of the proceedings were available for Bolte to review before voting on it.
Additionally, Bolte circumvented a state law that prohibits commissioners from owning and racing horses in the state under a Pennsylvania license, Valley View alleged. Bolte transferred ownership of horses that were registered to him at a Pennsylvania business address to his wife at a New Jersey home address after joining the commission, the company said.
Legislator enters fray
State Rep. Mike Veon of Beaver County, a strong advocate for Valley View Downs, has called on Rendell to remove Bolte from the commission.
"This guy doesn't even live in our state. He doesn't care about jobs and economic development in Beaver County or western Pennsylvania," Veon said in a news release. "It is absolutely outrageous that a man who was named to a commission to supposedly defend the best interests of horse racing here can't even be bothered to live in Pennsylvania."
Veon does admit no rule requires members of the harness racing commission to be Pennsylvania residents.
Rendell's press secretary Kate Philips declined comment Friday, saying the governor had not seen Veon's letter, sent Thursday. Bolte did not immediately return a telephone message left at his home.
Veon said he is introducing a bill that would require all appointed state agency commissioners to be Pennsylvania residents.
About Chester Downs
Valley View Downs also contends the commission considered Chester Downs harness racing application solely, but decided that Valley View Downs would have to compete with other applicants for its license. Valley View Downs submitted its application just four months after Chester Downs.
The petition also contends that commissioners indicated that they would choose a winner between Bedford and Valley View, but instead denied both. They likened it to a beauty contest where contestants had to walk down a runway and then later told them there was no winner because no one wore a blue suit.
"Valley View thought it was trying its case to the hearing examiner, with the commissioners able to sit in and participate. This is not what happened. Instead, Valley View tried its case in some parallel universe," Valley View wrote in its petition.
It's unclear how long the harness racing commission will take to review the petition and the petition filed last week by Bedford Downs.
cioffi@vindy.com
XThe Associated Press contributed to this report.