Turf Paradise, Arizona HBPA Continue To Dispute Settlement Agreement, Winter Meet Cancellation

The following letter was written by Arizona HBPA president Bob Hutton and posted on social media on Aug. 15, following Turf Paradise's announcement that the track would not host a live racing season this year due to the ongoing coronavirus pandemic. Below Hutton's letter is a response from Turf Paradise's general manager Vincent Francia, posted on the track's website on Aug. 17.

TO: HBPA MEMBERSHIP
FROM: PRESIDENT BOB HUTTON
DATE: August 15, 2020

As I am sure everyone is aware, Turf Paradise announced Thursday at the Arizona Racing Commission Meeting they are not running a race meet in 2020 / 2021. This is not a big surprise to me. As you all remember, when we fought last year to keep the track open till May 10th, Jerry Simms stated to all trainers they should take everything with them, do not leave anything behind, including walkers and pens. That was my clue that there would not be any more racing at Turf Paradise. At the commission meeting I stated no permittees will benefit from OTB revenue after the current signed consents for simulcasting have expired! No new approvals for signals will be signed if there is no live racing!

The HBPA has made numerous attempts to engage Turf Paradise in resuming negotiations to successfully run the 2020 / 2021 meet. It was obvious Jerry Simms had no intention of running a race meet, when for the most part the meetings deteriorated quickly once threats of lawsuits were thrown out in the direction of the HBPA Board members.

The arbitration settlement in October of 2019 resulted in the following changes: 1. The OTB split changed from Turf receiving a 60% / 40% split to 52% / 48%. 2. The advertisement contribution from the HBPA was reduced from $400,000 a year to $150,000 a year. 3. It was established that the purse money was the property of the Horsemen, and the purse account was to be in a HBPA controlled trust account, not in a Turf Paradise account. I believe once this happened Jerry Simms made the decision to close the track. The Covid 19 pandemic was just a convenient excuse.

I want all of you to know that in our most recent discussions with Turf Paradise, the Boards number one concern was to avoid the unprofessional behavior that we experienced in March of 2020. The HBPA could not in good conscience inform its membership they could return to Turf Paradise without some guarantee that the race meet would be run in its entirety. Jerry Simms refused to give that guarantee.

During the time that we were on the backside from March 14th till May 10th Jerry Simms charged the HBPA to keep the backside open for the horsemen. Although the HBPA Board did agreed to contribute to 50% of the expense, they were led to believe that it would be approximately $7,500 a week for the HBPA's portion. Jerry Simms then made the HBPA pay a security deposit of $20,000 up front or horseman would have been evicted on March 28th. Not wanting to have everyone evicted on March 28th, we were forced to pay the deposit and sign the agreement to stay. When we starting receiving the weekly bills instead of being charged $7,500 a week, Jerry Simms charged us anywhere from $13,000 to $15,000 a week for a total of $121,162.70. This was almost double what we were told was the estimate. The HBPA filed a grievance in May 2020 with the board of stewards asking for a refund. As of today, we have had no response.

As I stated above, in October 2019 we went through an arbitration with Turf Paradise. As a result of that arbitration it was ordered by the arbitrators that purse money is the property of the HBPA and is to be held in a HBPA trust account, not in Turf Paradise account. Despite several requests throughout the year by the HBPA to have the money moved to the HBPA trust account Jerry Simms has continued to refuse to comply. Again, we filed a grievance with the board of stewards to get this money released to the HBPA's trust account. As of, today we have heard nothing from the commission. We currently have $1.8 million in Turf Paradise's purse account, that he will not move to the HBPA trust account. This purse money belongs to the Arizona Horsemen to be used for a 2020 / 2021 fall and winter race meet in Arizona.

I know these are scary times and I do not want to give anyone any false hopes. However I want everyone to know we currently are having negotiations with other permittees to run a fall and winter race meet. The Arizona HBPA is committed to year around racing and will continue to work with other track owners who may want to come to the Phoenix area! I would like to thank those who have supported the HBPA in their efforts to provide the horsemen in the state of Arizona with a racing venue you deserve! Year around racing in Arizona is our GOAL!

Following is Vincent Francia's response:

Dear Horsemen,

This letter is written to respond to a post written by Mr. Bob Hutton, President of the AZHBPA that appeared on Facebook on August 15. This letter is written to clarify some of the statements and impressions in Mr. Hutton's letter. In other words, to set the record straight.

Mr. Simms has owned Turf for 20 years; 19 of those 20 years race meets were successfully conducted, from beginning to end. It's only this year, specifically when Governor Ducey declared a state of emergency on March 11 because of the Coronavirus that a race meet has
been cut short. The Coronavirus is the only reason Turf cut short its race meet on March 14 and the only reason Turf withdrew its request before the Arizona Racing Commission on August 13 to run a race meet from Nov. 1 to May 1, 2021. Turf does not want the liability of running a race meet while the Coronavirus is active.

Settlement Agreement (Attachment 1)

The Settlement Agreement was written by Mr. Casillas, Director of the Arizona Division of Racing, who also served as the mediator for Mr. Simms and Mr. Hutton as the two men compromised, negotiated and eventually signed the agreement in good faith on March 22.
Either side could have argued specific points of the agreement or declined to sign the agreement. But both sides agreed to sign. Read Attachment 1 for the complete terms of the agreement.

In his posting Mr. Hutton gives the impression that the Settlement Agreement, which by definition is to settle differences between parties, was somehow arrived at without the consent of both parties. On the contrary, both Mr. Simms and Mr. Hutton signed the 14 point
agreement. For example, the parties agreed to split the costs < 50‐50 > of maintaining the backside and training on the man track for 45 days. The AZHBPA was invoiced weekly and the invoices were promptly paid. When the 45 days expired the AZHBPA asked for an additional 10 days, at their own expense, and the request was granted.

It appears that Mr. Hutton's personal feelings toward Mr. Simms and Turf are clouding his judgement. The HBPA is to be neutral, treating all tracks equally, but Turf is treated differently. When Arizona Downs abbreviated their race meet they continued to simulcast without racing live. When that track announced that it would not be able to conduct a meet because of Yavapai County and the City of Prescott Valley's concerns about the Coronavirus, Arizona Downs, without objection from the AZHBPA, maintained their simulcasting and OTB system.

Why not the same for Turf?

Arizona Downs Letter (Attachment 2)

On May 22 Turf became aware of a letter from Mr. Dave Auther of Arizona Downs to Mr. Casillas. Specifically what caught our attention in the letter was the following that revealed how Arizona Downs was going to fund its purses: “This will include a contribution from the HBPA
toward purses. HBPA has a plan to secure purse money from the Turf Paradise purse fund.”

You cannot use the purse money of one race track to subsidize the purses of another track.

Mr. Hutton stated that without live racing there would be no simulcasting. Turf's contract with the AZHBPA goes until May 2021. Turf expects the AZHBPA to honor that contract.

At a meeting in early August with Mr. Hutton and two members of the Arizona Thoroughbred Breeders' Association in my office at Turf, Mr. Hutton asked me if I believed a contract existed between Turf and the AZHBPA. I replied in the affirmative that I believed a contract existed between us. Mr. Hutton then asked Mr. Simms (who was participating by phone) the same question. Mr. Simms answered that he not only believed a contract existed but that it was in effect until May 2021. Mr. Hutton responded that he did not believe a contract existed because we cancelled the race meet due to the Coronavirus, thus rendering the contract void. Mr. Simms then asked Mr. Hutton that if he really believed that, then why are we having a discussion about contractual matters. Mr. Simms then said, “Let's continue to talk.” Mr. Hutton then stood up abruptly and said “We're done,” and left my office.

The abrupt ending of the meeting notwithstanding, Turf has never declined a phone call, an email/ text or a request to meet with the AZHPBA. That door is still open.

Sincerely,
Vincent Francia
General Manager

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Tobys Heart Becomes First Stakes Winner for Jack Milton in Bolton Landing

Tobys Heart justified the ‘TDN Rising Star’ moniker she earned in her debut with a victory in Saratoga’s Bolton Landing S., becoming the first black-type winner for her second-crop sire (by War Front). Overcoming a troubled trip to graduate by 6 3/4 lengths in her Churchill Downs unveiling June 4, she was heavily favored at 1-2 for this step up in class. Running off the fence, the bay bided her time back in sixth as Joy’s Rocket zipped through a :22.21 zipped through an opening quarter. Swinging out four wide turning for home, Tobys Heart charged up to confront Joys Rocket in the lane and the two separated themselves from the rest of the pack. However, Joys Rocket proved no match for Tobys Heart who rolled clear to victory.

The winner’s stakes-winning dam Pick of the Pack is a daughter of GSW Cat Attack (Storm Cat) and a half-sister to GSW Great Attack (Greatness). The 19-year-old mare produce a Comissioner colt in 2019 and a Commissioner filly Apr. 15 of this year. She was bred back to Astern (Aus). Click for the Equibase.com chart or VIDEO, sponsored by Fasig-Tipton.

 

BOLTON LANDING S., $85,000, Saratoga, 8-19, 2yo, f, 5 1/2fT, 1:02.31, gd.
1–TOBYS HEART, 122, f, 2, by Jack Milton
                1st Dam: Pick of the Pack (SW, $107,450), by Lil’s Lad
                2nd Dam: Cat Attack, by Storm Cat
                3rd Dam: Harp Strings (Fr), by Luthier (Fr)
($5,500 Ylg ’19 FTKOCT; $45,000 2yo ’20 OBSMAR). 1ST BLACK
   TYPE WIN. O-Hamilton, Terry and Lynch, Brian A.; B-Trackside
Farm (KY); T-Brian A. Lynch; J-Jose L. Ortiz. $46,750. Lifetime
Record: 2-2-0-0, $92,150.
2–Joy’s Rocket, 122, f, 2, Anthony’s Cross–Queenie’s Pride, by
Special Rate. ($47,000 2yo ’20 OBSMAR). O-Team Hanley;
B-Weston Thoroughbreds Training & Sales (FL); T-Steven M.
Asmussen. $17,000.
3–Amanzi Yimpilo (Ire), 122, f, 2, No Nay Never–Honourably
(Ire), by Galileo (Ire). ($300,000 Ylg ’19 KEESEP). O-Moulton,
Susan, Detampel, Marc and CJ Thoroughbreds; B-Longueville
Bloodstock &Matrix Bloodstock (IRE); T-Wesley Ward. $10,200.
Margins: 1 1/4, 2 1/4, 1HF. Odds: 0.55, 7.10, 6.40.
Also Ran: Mischievous Dream, Quinoa Tifah, Sweet Souper Sweet, Hara, Sassy Hannah. Scratched: Stylish Rags, Sunny Isle Beach.

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‘I Am A Believer In Second Chances’: Viking Ministries To Offer Recovery, Employment Programs Using Retired Racehorses

Viking Stud, Inc. has stepped back into the Thoroughbred industry, this time with a different agenda.

Mike Littrell, who was a talented and successful Thoroughbred yearling manager for his father, the late Rick Littrell, has battled the epidemic of addiction for over 20 years. After many attempts at recovery and repeated relapses, Littrell started a new journey three years ago with a fulfilling purpose. Through Christianity and surrendering his life to Christ, he has found and sustained sobriety.

Littrell said: “I now understand that humility produces progress, not perfection.”

To get to this point, Littrell kept coming back to three things: 1) He found God and the love of Christ through the fellowship with other recovering addicts. 2) His love for horses that developed on his family farm growing up. 3) His connection and continued support from the great people of the horse industry are all a part of his story or recovery.

This passion to help other people came alive when he could see that his love for horses was able to help others find hope, help, and the wonderful healing ability of the connection with a horse. Littrell decided to combine the two passions into a spiritually-focused ministry called Viking Ministries, Inc., in honor of his family's Thoroughbred business.

This ministry will use Equine Assisted Psychotherapy/Learning (EAP) (EAL) for its clients. EAP sessions are designed for individuals or groups and will begin with allowing clients to care for the horse and allow the horse to be the therapist.

“I don't want this ministry to exclude anyone who might benefit,” Littrell said. “I found that loving others through Christ has helped me love myself. I want to help any child or adult who has suffered from abuse, mental health issues, addicts or alcoholics who are in or out of the horse industry.”

Littrell, along with a team of two volunteers, is certified in EAP to work with individuals and groups.

“I am a believer in second chances, not only for recovering addicts, but we want to use as many retired racehorses as possible,” he added.

His insight to the rehabilitation process notices one glaring challenge.

“When leaving addiction treatment, 99 percent are going back to the same environment that was unhealthy for them same as before,” Littrell said. “In order to combat this relapse, we will have a vocational training aspect to our program.”

Littrell will offer a three to six month vocational recovery program.

“Our focus will be for those who have been in recovery at least for three to six months,” he continued. “We want to work with those who are past chemical withdrawal and in need of love, support, career and life skills. Unfortunately, there are many who have not survived this addiction epidemic as long as I have and what that gives me is a great deal of experience in understanding what the addict is experiencing.”

Alongside the Thoroughbred industry, Viking is going to work to find employment for its graduates on Kentucky's Thoroughbred farms.

“I was so blessed to be raised a horseman,” Littrell said. “Even through my toughest times, my fellow horseman kept trying to pull me back into the light, and I would not be here today without our horse community. I have gotten so much support from industry leaders that I care so deeply about that I want to make a difference that will help the Thoroughbred industry have employees who are dependable and in recovery. With the creation of this program, I am reminded again how blessed I am to be a part of this community.”

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Letter to the Editor: Bentley Combs

Over the last few days an idea has been floated to replace the current American claiming system with that of a rating system. With a list of concerns and questions in my head, two things jump out immediately as being stifled by a rating system: Ease of access to horses and the possibility of growth for both potential new owners and smaller trainers. In my opinion these are two things American racing does better than anywhere in the world.  Why do we want to change this to be more like other countries?

Love it or hate it, the claiming game is the closest thing to instant gratification we as an industry can offer in the arena of ownership. There are rules to this game just like any other.  There are jail rules, void rules, waiver rules all of which are in place to protect the buyer, the seller, and the horse.

For those only familiar with the stakes and allowance portions of your condition books, let’s break down how a claim is made. Person calls a trainer, puts money in a horsemen’s account, picks out a horse, drops a slip, and now that person owns a new horse. It is a very egalitarian system. The seller knew the deal when they entered the horse for the tag and the buyer knew the deal when they dropped the slip. Both have agreed upon the value of the horse.

A horse breaks its maiden in a maiden special weight. Now the horse enters allowance company only to find that the horse can only consistently beat the water truck across the line.  Doing this repeatedly so the horse won’t be “devalued” by entering the claiming ranks is an example of a sunk cost fallacy.

What was paid for the horse or what the horse cost in stud fees, board bills and training does not equal the horse’s skill or worth. If this were true, The Green Monkey would have won the Triple Crown and a horse that was bought for $40,000 should’ve never won the Breeders’ Cup Juvenile Fillies last year. Sales price and cost does not denote talent. The claiming system allows owners to sell a horse quickly and possibly reinvest that money almost immediately. In contrast, a rating system would seem to slow down sales or possibly prevent them, along with additional costs to the owner if they go through the auction process.

This notion of “devaluing” also does not consider the possibility of the horse getting claimed and going on to win stakes; some trainers have made a name for themselves doing just that.

Let’s look at the trainer angle. Smaller trainers must have access to horses to grow and get noticed by other owners. The claiming system is the quickest way for these smaller trainers to grow and showcase their horsemanship abilities. Auctions have been mentioned as a way within this rating system idea to disperse stock to smaller barns. Take a poll and see how many of the 81 horses sold in July at Fasig went to a barn with 15 horses or less, my guess would be not many, if any.

A total of 9,885 trainers made a start in 2000; that number declined to 4,959 in 2019. This roughly 49% drop can be attributed to a number of things, including the rise of “mega trainers” and a focus of owners on the almighty win percentage. Limiting the growth of smaller trainers or new trainers who do not have huge backing in the first place, as a rating system would do, would only further this drop over the next 20 years.

There are other concerns. Such as does anyone think state legislatures are going to look favorably on racing after racing eliminates their tax revenue from claimed horses? Ask Oaklawn Park, the state of Arkansas and the city of Hot Springs how much money was made from taxes during the meet strictly through the claim box. Also, who would be doing the rating and how would it translate from track to track? In a claiming system the owner and trainer do the rating as to whether their horse who won for $10,000 at one track could win for $10,000 at a different track. Handcuffing owners and trainers in a subjective rating system, plus limiting the ease of access to horses for potential new owners, plus the further shrinking of an already rapidly shrinking trainer pool, is the start to a bad algebraic equation for American horse racing.

Kentucky-based Bentley Combs began training horses in late 2017 after serving as assistant trainer to Dallas Stewart. The Lexington native graduated from the University of Louisville’s Equine Industry Program in the College of Business and received an MBA from the University of Mississippi.

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