Staff Writer

A Biddeford city councilor says he is disappointed other councilors attended a meet and greet event hosted last weekend by Biddeford Downs because they will vote on future issues related to the project.

Councilor Jim Emerson said he feels councilors should not have attended the event hosted by a group developing the proposed hotel and racino because information about the plan should be provided in public meetings.

Development group Ocean Properties has teamed up with Scarborough Downs Owner Sharon Terry to build the proposed Biddeford Downs hotel and racino. Biddeford voters in November supported a referendum to allow the racino, which would be built near Andrews Road. The plan still requires legislators change a state law to allow the racino because a 2003 deadline established by statewide referendum has passed. 

Biddeford Downs Spokesman Crystal Canney said the Saturday event was for York County legislators, racino campaign volunteers and municipal and elected officials from communities across the county. The purpose of the event was to show a video and provide attendees an opportunity to hear about the project going forward, she said.

The invitation said the event was a “special Meet & Greet event to introduce you to key members of the Biddeford Downs Racino project.”

Canney said about 90 people attended the two-hour event. The video is available for public viewing on the Yes to Biddeford Downs Facebook page.

The guest list for the event, held at the Ocean Properties-managed Portland Marriott at Sable Oaks in South Portland, included all nine Biddeford city councilors, City Manager John Bubier, Mayor Joanne Twomey and City Attorney Keith Jacques. Councilors Emerson, Patricia Boston and Clement Fleurent did not attend, according to Council President Bob Mills.

“It basically was here’s where we’re at, here’s the status of the project and what we’re working on,” Canney said. She said there was no formal presentation or question and answer period.

“It was a private event and we’re allowed to hold private events like anyone else,” Canney said.

Jacques, the city attorney, said at last week’s council meeting the event did not constitute an illegal meeting and councilors could accept or decline the invitation.

“My understanding of the event is that it is a social meet and greet opportunity with no agenda items and no action to be contemplated or discussed by city officials,” he said during the meeting. “However, I would caution councilors that during the event they should not congregate and discuss issues that should be more properly discussed at (a council) meeting. You can meet and greet, but don’t meet and greet with yourselves the entire time.”

Mal Leary, chairman of the Maine Freedom of Information Coalition and member of the Right to Know Advisory Commission, said the gathering would constitute an illegal meeting if councilors discussed or made decisions about city business.

“The real issue here is did those councilors discuss city business,” he said.

Leary said the situation is a Catch-22 because the public doesn’t know what was or wasn’t discussed at the private event. Councilors by law are only permitted to meet behind closed doors in executive session for issues that qualify under state statute. The public must be notified of executive sessions.

Emerson, who opposed putting the referendum question on the November ballot, said he feels it was inappropriate for councilors to attend the event because they may be involved with future negotiations and will vote on a contract between developers and the city. Information should be provided in a public setting such as a council meeting, he said.

Emerson said he will never know for certain what was or wasn’t discussed at the event, but finds it hard to believe the racino was not a topic of conversation.

“It’s absolutely hard to believe if you go to a venue where the only reason it’s pulled together is for this project that there isn’t going to be any discussion,” he said.

Emerson said he initially planned to attend the event and leave if he felt the situation was inappropriate. Because his wife was out of town, he decided to bring Ericka Wainberg, who led opposition to the racino.  He said he decided to skip the event after Canney told him Wainberg would not be on the guest list.

“It told me the reason they would be concerned about who I brought was there was going to be discussion or potential discussion,” he said. “I felt it was inappropriate to go, particularly after I was told my guest wouldn’t be allowed in.”

Emerson said he is concerned the project is being rushed and transparency will be compromised. He feels the public should have adequate time to comment and be provided as much information about the process as possible.

“One thing I hope we make sure of is there isn’t an effort to cut through the infamous red tape,” he said.
Boston – who along with Emerson and Fleurent opposed the racino project – said she initially planned to attend the event but changed her mind at the last minute.

“I didn’t feel comfortable about it,” she said. “It just seems to me this should be done in a public meeting.”

Boston said she also was concerned about a negative reaction from the public if they perceived the event as an attempt to “wine and dine” the council. She said she does not think that was the purpose of the event.

Boston and Emerson last week requested Twomey schedule a council workshop to bring councilors and the public up to date on the racino project. The next council meeting agenda was not finalized before the Courier’s publication deadline. -

Fleurent said he was unable to go to the event because of personal reasons, but had wanted to attend. He said he did not have any issues with other councilors attending the event.

“I would have liked to know if there was any more information than what they’ve been giving us,” he said.

Twomey said the “beautiful event” included legislators, lobbyists and supporters of the racino. She said the city said “loud and clear they want a racino” and she had “no qualms” about attending the event.

“It was not an illegal meeting,” she said.

Twomey said she had the opportunity to socialize legislators from outside of Biddeford and hear more about the legislative process from them. She said she enjoyed watching a video about the history of harness racing in Maine and wishes she could show it on public access television.

Twomey said she did not speak to city councilors other than to greet them in passing.

Mills said he saw nothing wrong with councilors attending the event. Each councilor was free to turn down the invitation and the event was not a meeting called by the city, he said. He said the event was not unlike other parties councilors are invited to, including a recent retirement party for a detective and the holiday party for the city attorney’s law firm.

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.