BIDDEFORD — In November, Biddeford voters said yes to a proposal to build a  racino in their city. However, changes to existing state law governing racinos must be made before the racino ”“ and the hundreds of jobs promised that go with it ”“ can come to the city.

Time and distance restrictions put in place by the 2003 referendum that allowed racinos, as well as restrictions put in place by the referendum voters approved this year to allow a casino resort in Oxford County, must be revoked, said Edward MacColl, an attorney for Scarborough Downs.

Scarborough Downs and Ocean Properties, LTD, are the developers behind the proposed $125 million Biddeford Downs, which would include a harness racetrack, slot machines, a hotel and an entertainment complex.

In 2003, a citizen’s referendum passed that allowed slot machines within five miles of the two existing harness racing facilities, Bangor Raceway and Scarborough Downs. It also included an end-of-year deadline for local voters to approve a racino in their community.

Bangor residents approved a racino in their community, and Hollywood Slots was built. Scarborough voters did not approve a slot machine facility for their town.

In addition, the referendum for a casino resort in Oxford County doesn’t allow other gambling operations in Maine within a 100-mile radius of the Oxford County site.

“Corrections” to these time and distance requirements must be made, said MacColl, either by the Maine Legislature or, failing that, through a ballot question put to Maine voters.

For now, “the principle focus is correcting those state law provisions,” he said.

Racino proponents will ask the Legislature to approve the changes necessary to allow a racino in Biddeford when it begins its new session in January, said MacColl.

He said he is optimistic the Legislature will make the changes, as legislators have been supportive of harness racing in the past.

Supporters of harness racing have stated that additional revenue generated by slot machines is needed to keep the sport successful.

In Biddeford, the 500 permanent jobs that a racino would bring to the city, as well as hundreds of more construction jobs to build it, were used as a major selling point to persuade residents to approve the local referendum.

In addition to working with the Legislature, MacColl said, the developers will continue to work with city officials on the project.

The two parties have met once since the November vote, he said, and more meetings will take place in the new year.

“People need the jobs sooner rather than later,” said MacColl.

On Saturday, a “meet and greet” to introduce key members of the Biddeford Downs Racino project was held by Scarborough Downs and Ocean Properties at the Marriott Portland at Sable Oaks.

Five Biddeford city councilors and other city officials, state legislators and racino proponents attended.

Some councilors said they decided not to attend because they were concerned about violating Maine’s Freedom of Access Act, which governs rules relating to access to public records and public proceedings.

City Councilor Jim Emerson said in an e-mail to the Journal Tribune on Monday that he decided not to attend the private event because of “my concerns about the appropriateness of the event in a non-public venue.”

Councilor Patricia Boston said she decided not to go for similar reasons.

According to state statute, said journalist Mal Leary, who is a member of the state’s Right to Know Advisory Committee, a majority of city councilors are not prohibited from being together at a private event. The problem, he said, is if they discuss city business outside of a public proceeding.

— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@journaltribune.com.