1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 08-10-01 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, October 1, 2008 10 Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey 08401 14 10:32 a.m. to 10:55 a.m. 15 16 17 Certified Court Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 ATLANTIC CITY COURT REPORTING, LLC 21 CERTIFIED COURT REPORTERS AND VIDEOGRAPHERS 22 1125 ATLANTIC AVENUE, SUITE 416 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 345-8448 www.accourtreporting.com 25 2 1 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 WILLIAM T. SOMMELING, VICE CHAIR MICHAEL A. FEDORKO, COMMISSIONER 4 MICHAEL C. EPPS, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 LISA SPENGLER, PUBLICATIONS COORDINATOR 8 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 9 SECRETARY DENIS CORBETT, SENIOR COUNSEL 10 TERESA M. NAGENGAST, SENIOR COUNSEL ROBERT A. MONCRIEF, COUNSEL 11 DIVISION OF GAMING ENFORCEMENT: 12 DEPUTY ATTORNEYS GENERAL BRIAN BISCIEGLIA, DEPUTY ATTORNEY GENERAL 13 MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 14 15 16 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 3 DIANNA W. FAUNTLEROY, GENERAL COUNSEL MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 3 KAREN M. WOSNACK, ESQ. FOR: RIH ACQUISITION, NJ, LLC 4 ITEM NO. 5 DENIS CORBETT, SENIOR COUNSEL 5 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL TAMA HUGHES, ESQ. 6 FOR: ADAMAR OF NEW JERSEY, LLC 7 ITEM NO. 7 TERESA M. NAGENGAST, SENIOR COUNSEL MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 8 PASHMAN, STEIN SEAN MACK, ESQ. 9 FOR: TRUSTEE/CONSERVATOR OF ADAMAR OF NEW JERSEY, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 08-10-01 2 October 1, 2008, 10:32 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 8 8 September 17, 2008, meeting 4 Employee Recognition Awards 9 2 Applications for employee and casino 5 service industry licenses: 17 initial and/or renewal of casino key 11 12 6 and casino employee licenses 17 initial and/or renewal of casino key 12 12 7 and casino employee licenses 3 Petition No. 2610808 of RIH Acquisitions, 13 14 8 NJ, LLC, requesting the issuance of a temporary casino key employee license to 9 Mary Elizabeth Wilkes pursuant to NJSA 5:12-89(e) and to permit her pursuant to NJAC 19:43-2.7 10 to assume the duties and exercise the powers of Vice President of Marketing without 11 first having been found qualified 4 Stipulations of settlement and consent 12 agreements: a) Luis A. Gensollen (08-0333-EA) 14 16 13 b) Richard S. Meredith (08-0420-EA) 14 16 c) Tracy Osterloo (08-0683-EA) 14 16 14 d) Nicol S. Nelson (08-0464-EA) 14 16 e) Mark S. Davis (07-0432-ER) 14 16 15 f) Thomas S. Hargrave, III (08-0179-ER) 14 16 g) Tasaha C. Burns (a/k/a Tasheera 14 16 16 Burns (08-0624-EA) h) Anthony Pretino (08-0198-EA) 14 16 17 i) Mark S. Truss, Sr. (070-0528-EA) 14 16 j) Irvin L. Rosario (08-0267-ER) 14 16 18 k) Marlene Maniscalco 08-0763-EA) 14 16 5 Motion to dismiss and stipulation of 16 22 19 settlement in State v. Adamar of New Jersey, Inc, (d/b/a Tropicana Casino and Resorts) 20 et al., (07-0231-VC, 07-0487-VC, 07-0602-VC, 07-0670-VC, 07-0673-VC) 21 6 Petition of Deborah L. Anderson for 23 24 early reapplication (08-0542-RA) 22 7 Petition of the Trustee and Conservator 25 27 of Adamar of New Jersey, Inc., (d/b/a 23 Tropicana Casino and Resorts) to extend transactional waivers for consultant 24 (PRN 2560801) 25 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 08-10-01 2 October 1, 2008, 10:32 a.m. ITEM PAGE VOTE 3 8 Consideration of the seventh application adj. of the Conservator/Trustee for the former 4 casino licensee, Adamar of New Jersey, Inc., for approval of fees for the Conservator/Trustee, 5 his personal counsel, legal and other consultants 9 Proposed publication and temporary 27 28 6 Adoption of amendments to NJAC 19:45-1.37B (slot machine tower light) 7 10 Proposed publication and temporary 28 29 adoption of amendments to NJAC 19:47-20.6 8 (three card poker - wagering at three positions) 11 Petition of Margaritaville of Atlantic adj. 9 City, LLC, for declaratory rulings on its license status (PRN 2470802) 10 PUBLIC PARTICIPATION 11 John Donnelly, Esq. 30 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 17 license X 5 P-2 Grant 17 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Exhibits retained by Commission.) 25 7 1 (Public Meeting 08-10-01 was commenced 2 at 10:32 a.m.) 3 MR. NANCE: Good morning. I'd like to 4 read an opening statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 public laws of 1975 entitled the "Open Public 8 Meetings Act," the New Jersey Casino Control 9 Commission on June 23, 2008, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On June 23rd, 2008, copies were mailed to 13 subscribers. 14 Members of the press will be permitted 15 to take photographs, and we ask that this be 16 done in a manner which is not disruptive or 17 distracting to the Commission. 18 The use of cellular telephones in the 19 public meeting room while the Commission is in 20 session is prohibited. 21 Would everyone please stand for the 22 Pledge of Allegiance. 23 (The flag salute was recited.) 24 CHAIR KASSEKERT: Good morning. 25 MR. NANCE: Good morning. 8 ITEM NO. 1 1 The matters discussed in closed session 2 were: Employee and enterprise license matters. 3 The Commission approved the September 4 17th, 2008, closed session minutes. 5 Litigation update regarding: Warren M. 6 Lackland and Lewis M. Springer, Jr., versus the 7 State of New Jersey and the Casino Control 8 Commission. 9 Item No. 1, ratification of the minutes 10 of September 17th, 2008, public meeting. 11 VICE CHAIR SOMMELING: Move to approve. 12 COMMISSIONER FEDORKO: Second. 13 CHAIR KASSEKERT: The motion has been 14 made and seconded. All in favor? 15 (Ayes.) 16 CHAIR KASSEKERT: Opposed? 17 (No response.) 18 CHAIR KASSEKERT: Motion carries. 19 MR. NANCE: Consideration of Ms. 20 Spengler. 21 MS. SPENGLER: Madame Chair, 22 Commissioners, good morning. 23 On behalf of the Commission Employee 24 Recognition Team we are here today to present 25 the 2007 perfect and exemplary attendance 9 1 awards. 2 First I'd like to read the individuals 3 who will not be here today. Then I will read 4 those who are present, and I ask you to come 5 down. Tracy will present you with the award as 6 I call the recipient up, and Lori will take a 7 group picture. 8 CHAIR KASSEKERT: Thank you. 9 MS. SPENGLER: First, non-attending for 10 exemplary attendance, which is two days of sick 11 time or less: Karen Kindle, John Tursi. 12 For perfect attendance: Elaine 13 Campbell, McKenna Mahoney, Stephen Sheckelton, 14 Terry Allen, Leodus Battle, Glenn MacFadden, 15 Joni Morman, Lawrence Reilly, Susan Seager. 16 Attending today for perfect attendance: 17 Ken Doss. 18 (Applause.) 19 CHAIR KASSEKERT: Or as otherwise known 20 St. Ken. 21 MS. SPENGLER: Yes. 22 (Laughter.) 23 MS. SPENGLER: If you can move close 24 together, Lori will get your picture. 25 CHAIR KASSEKERT: We'll face this the 10 1 correct way. 2 MS. SPENGLER: There you go. Okay. 3 Thank you very much. Congratulations, 4 Ken. 5 (Applause.) 6 MS. SPENGLER: Reginald Allen. 7 (Applause.) 8 CHAIR KASSEKERT: Congratulations. I'll 9 put you right in the middle here. Give you you 10 your award. 11 (Applause.) 12 MS. SPENGLER: Congratulations. 13 Dianna Fauntleroy. 14 (Applause.) 15 CHAIR KASSEKERT: Now, the question is, 16 where are you going to put this in your office, 17 your crowded office? 18 MS. FAUNTLEROY: Thank you. 19 CHAIR KASSEKERT: Congratulations. 20 MS. FAUNTLEROY: All right. Consider it 21 taken. 22 (Laughter.) 23 MS. SPENGLER: Okay. Thank you. We'll 24 take one. 25 CHAIR KASSEKERT: See? You got out of 11 ITEM NO. 2 1 that. That's okay. 2 MS. SPENGLER: Peggy Suhr. 3 (Applause.) 4 CHAIR KASSEKERT: Peggy, 5 congratulations. 6 MS. SUHR: Thank you. 7 MS. SPENGLER: Thank you, Peggy. 8 Congratulations. 9 (Applause.) 10 MS. SPENGLER: And Daryl Nance. 11 MR. NANCE: Me? 12 (Applause.) 13 MR. NANCE: Thank you. 14 (Applause.) 15 MS. SPENGLER: That concludes our 16 presentation. Thank you very much. 17 CHAIR KASSEKERT: Thank you. 18 Back to work, Daryl. 19 MR. NANCE: Item No. 2, application for 20 employee and casino service industry licenses. 21 This agenda item will be entered as Exhibit 22 List 1 and 2. 23 Exhibit List 1 consists of 17 24 applications for initial and/or renewal of 25 casino key and casino employee licenses. 12 ITEM NO. 2 1 The Division has objected to licensure. 2 COMMISSIONER FEDORKO: Motion to remand 3 for hearings. 4 VICE CHAIR SOMMELING: Second. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: Motion carries. 11 MR. NANCE: Exhibit List 2 consists of 12 17 applications for initial and/or renewal of 13 casino key and casino employee licenses. 14 Staff and the Division has recommended 15 that these licenses be granted. 16 COMMISSIONER EPPS: Motion to grant -- 17 motion to grant applications. 18 COMMISSIONER FEDORKO: Second. 19 VICE CHAIR SOMMELING: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: Motion carries. 13 ITEM NO. 3 1 MR. NANCE: Item No. 3, Petition No. 2 2610808 of RIH Acquisitions, New Jersey, LLC, 3 is requesting the issuance of a temporary 4 casino key employee license to Mary Elizabeth 5 Wilkes pursuant to NJSA 5:12-89(c) and to 6 permit her pursuant to NJAC 19:43-2.6 to assume 7 the duties and exercise the powers of Vice 8 President of Marketing without first having 9 been found qualified. 10 CHAIR KASSEKERT: Good morning, Miss 11 Wosnack. 12 MS. WOSNACK: Good morning. I'm here on 13 behalf of the Petitioner. I have Miss Wilkes 14 with me in the event you have any questions. 15 CHAIR KASSEKERT: Where is she? 16 Hi. Welcome. 17 MS. WILKES: Thank you. 18 CHAIR KASSEKERT: Thank you. 19 Miss Flaherty? 20 MS. FLAHERTY: The Division has no 21 objection to the issuance of a key 22 qualification on a temporary basis. 23 Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Any questions? 14 ITEM NO. 4 1 VICE CHAIR SOMMELING: No questions, 2 Madame Chair. 3 COMMISSIONER EPPS: Madame Chair, I move 4 that we approve the petition and issue a 5 temporary key employee license to Mary 6 Elizabeth Wilkes and permit her to assume the 7 duties and exercise the powers of Vice 8 President of Marketing without having first 9 been found qualified. 10 VICE CHAIR SOMMELING: Second. 11 CHAIR KASSEKERT: Motion is made and 12 seconded. This is a roll call vote. 13 MR. NANCE: Commissioner Fedorko? 14 COMMISSIONER FEDORKO: Yes. 15 MR. NANCE: Commissioner Epps? 16 COMMISSIONER EPPS: Yes. 17 MR. NANCE: Vice Chair Sommeling? 18 VICE CHAIR SOMMELING: Yes. 19 MR. NANCE: Chair Kassekert? 20 CHAIR KASSEKERT: Yes. 21 MR. NANCE: The record will reflect that 22 the motion is unanimous. 23 CHAIR KASSEKERT: Thank you. 24 MS. WOSNACK: Thank you. 25 MR. NANCE: Item No. 4, stipulation of 15 ITEM NO. 4 1 settlement and consent agreements. When I call 2 your name, please come forward, stand behind 3 this middle table, spreading across the room so 4 that you may be seen: Luis Gensollen, Richard 5 Meredith, Tracy Osterloo, Nicol Nelson, Mark 6 Davis, Thomas Hardgrave, Tasaha Burns, Mark 7 Truss, Sr., Anthony Pretino, Irvin Rosario, and 8 Marlene Maniscalco. 9 CHAIR KASSEKERT: Has everyone whose 10 name been called come forward at this point? 11 Okay. 12 I'm going to ask you each to state your 13 name for the record, starting with you. 14 MR. MEREDITH: Richard Meredith. 15 MS. BURNS: Tasaha Burns. 16 MS. OSTERLOO: Tracy Osterloo. 17 CHAIR KASSEKERT: Okay. In a moment we 18 are going to vote on the stipulations which 19 you've agreed to with the Division of Gaming 20 Enforcement. I'm going to ask at this point if 21 any of you wish to be heard on this matter. 22 You don't have to say anything if you don't 23 want to. 24 Does anybody anyone wish to be heard? 25 (No response.) 16 ITEM NO. 5 1 CHAIR KASSEKERT: No? Okay. 2 Mr. Biscieglia? 3 MR. BISCIEGLIA: Thank you. Good 4 morning, Chair, Commissioners. 5 The Division has nothing further and ask 6 that the Commission approve the stipulations as 7 submitted. 8 Thank you. 9 CHAIR KASSEKERT: Thank you. 10 Any questions? 11 VICE CHAIR SOMMELING: No questions, 12 Madame Chair. 13 Motion to approve the stipulations. 14 COMMISSIONER FEDORKO: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. All in favor? 17 (Ayes.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: Motion carries. 21 Thank you very much for coming. Good 22 luck. 23 MR. NANCE: Item No. 5, motion to 24 dismiss a stipulation of settlement in State 25 versus Adamar of New Jersey, Inc., et al. 17 ITEM NO. 5 1 Mr. Corbett? 2 MR. CORBETT: Good morning, Chair, and 3 Commissioners. 4 CHAIR KASSEKERT: Good morning. 5 MR. CORBETT: This item is a two-part 6 item. The first part is the motion to dismiss, 7 and the second part is the stipulation of 8 settlement which calls for the casino licensee 9 to pay a penalty of $70,000. 10 Miss Hughes is here for the casino 11 licensee, Mr. Stebbins for the Division. 12 CHAIR KASSEKERT: Good morning. 13 I guess sort of a both-way petition. 14 Who would like to go first? Mr. Stebbins? 15 MR. STEBBINS: I'll take the lead. 16 CHAIR KASSEKERT: You'll take the lead. 17 MR. STEBBINS: By default. 18 Good morning, Madame Chair and members 19 of the Commission. 20 Firstly, this is going to be, hopefully, 21 the resolution of five pending matters which is 22 carried over from last December's decision by 23 this commission regarding Tropicana which 24 resolved some but not all of the matters. 25 These are the loose ends that we're tying up 18 ITEM NO. 5 1 today, hopefully. 2 Firstly, with regard to the motion to 3 dismiss, I would encourage you to grant that 4 motion. The people that are being dismissed 5 without prejudice have already left town by 6 your prior order. It simplifies matters. It 7 clarifies matters. And because of the prior 8 order, there may not even be jurisdiction for 9 you to take any action at all. 10 That said, though, the local property, 11 Tropicana/Adamar is assuming the responsibility 12 for those actions, as you can see through the 13 stipulation. 14 Now, on the stipulation, I would say 15 that, firstly, the goal of this is to 16 consolidate and dispose of it with some 17 efficiency. We've already talked about the 18 motion to dismiss. The stipulation 19 specifically calls for a consideration of the 20 Division's -- not the Commission's, I'm 21 sorry -- prior order which includes the very 22 substantial penalty which was imposed during 23 the December proceedings. 24 And I guess the last item is just that 25 the payment would be at the time of the sale, 19 ITEM NO. 5 1 which may be coming up sooner than we think. 2 But anyway, all the matters are before 3 you. There are certain mitigation, remedial 4 steps that have been taken. I think it makes 5 sense, both with this motion to dismiss and 6 with the facts here. The fine called for a 7 $70,000 which reflects, at least in part, some 8 of the other orders, the big fine. And I would 9 urge to you adopt the stipulation and grant the 10 motion to dismiss. 11 Thank you. 12 CHAIR KASSEKERT: Thank you. 13 Are there any questions for Mr. Stebbins 14 before we hear from -- 15 VICE CHAIR SOMMELING: I have no 16 questions, Madame Chair. 17 CHAIR KASSEKERT: Okay. Miss Hughes? 18 MS. HUGHES: Good morning, Madame Chair, 19 Commissioners. 20 Obviously, everything is before you. I 21 do want to go through some of the general 22 mitigating and remedial actions that 23 Tropicana/Adamar of New Jersey, has taken since 24 the issuance of these formal complaints. And 25 if you'll just bear with me. 20 ITEM NO. 5 1 With regards to Docket No. 07-0231, 2 which was the interval controls and job 3 compendium with regards to the surveillance 4 department. Those controls were changed, has 5 been changed, and Tropicana no longer operate 6 under that particular internal control. 7 With regard to Docket No. 07-0487, all 8 the departments have been counseled, and legal 9 department will be placed on notice any time 10 any new employee that is of a certain position 11 or above is being hired so that all the 12 appropriate paperwork can go through. 13 With regard to Docket No. 07-0670 -- and 14 this is by way of explanation, certainly not an 15 excuse -- the security officers that were 16 pulled for assist in the drops or the pick-ups 17 have been doing so for years. Once again, it's 18 not an excuse. It's just an explanation. When 19 it was found out Tropicana has done a self 20 report in that regard and has since added what 21 is called a power shift so this will no longer 22 occur. 23 With regards to 07-0673, once again, 24 when Columbia Sussex first came in, they 25 brought a significant transition team on the 21 ITEM NO. 5 1 hotel side, as you can see from the complaints 2 that were filed. Not every one of them left, 3 and some of them transitioned from the 4 transition team into a supervisory capacity. 5 As soon as Tropicana/Adamar learned that they 6 were still continued, their present on the 7 property, immediate steps were taken either to 8 have these people leave or get them appropriate 9 licensed. 10 Then, lastly, with regards to all the 11 complaints with which Adamar was the subject, 12 we did either take immediate steps to mediate 13 or do a self report. 14 With the consideration of all of that, 15 we would urge you to accept the stipulation of 16 settlement. As DAG Stebbins has already 17 indicated this in consideration of also the 18 other fine that Tropicana/Adamar has taken 19 responsibility for. We are taking 20 responsibility for this, and I ask that you 21 grant this stipulation and approve it. 22 CHAIR KASSEKERT: Thank you. 23 Any questions for Miss Hughes? 24 VICE CHAIR SOMMELING: I have no 25 questions. 22 ITEM NO. 5 1 CHAIR KASSEKERT: Okay. 2 COMMISSIONER EPPS: Madame Chair, I move 3 that we: A, grant the motion to dismiss 4 without prejudice the complaints as to the 5 following Respondents: In Docket Nos. 6 07-0487-VC and 07-0602-VC; the Ramada New 7 Jersey Holdings Corporation; Aztar Corporation; 8 Tropicana Entertainment, LLC; Tropicana 9 Entertainment Intermediate Holdings, LLC, 10 Tropicana Entertainment Holdings, LLC; and 11 Tropicana Casinos and Resorts, Incorporated; 12 And, B, approve the stipulation of 13 settlement and impose a civil penalty of 14 $70,000 against Adamar of New Jersey, 15 Incorporated, for violation of the Casino 16 Control Act and regulations as detailed in the 17 stipulation of settlement; 18 And further order that the $70,000 19 penalty shall be due and payable from the 20 proceeds at the sale of the property at the 21 time of settlement. 22 VICE CHAIR SOMMELING: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 23 ITEM NO. 6 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 Thank you very much. 5 MS. HUGHES: Thank you. 6 MR. STEBBINS: Thank you. 7 MR. NANCE: Item No. 6, petition of 8 Deborah L. Anderson for early reapplication. 9 Miss Frigen? 10 MS. FRIGEN: Hi, Madame Chair, 11 Commissioners. 12 Miss Anderson is present. I would ask 13 her to have a seat. 14 For your consideration is Miss 15 Anderson's petition wherein she seeks 16 permission to reapply early for a casino 17 service employee registration and/or to work as 18 a noncredential hotel employee. 19 The Division has interposed no objection 20 to this petition. 21 CHAIR KASSEKERT: Thank you. 22 Miss Anderson, is there anything you'd 23 like to say today? 24 MS. ANDERSON: No. 25 CHAIR KASSEKERT: Okay. 24 ITEM NO. 6 1 Mr. Biscieglia? 2 MR. BISCIEGLIA: Thank you, Chair. 3 The Commission has the Division's letter 4 of September 9th, 2008, in which we interposed 5 no objection to the Petitioner's request. 6 And we'll answer any questions that the 7 Commission has. 8 Thank you. 9 CHAIR KASSEKERT: Thank you. 10 Any questions? 11 VICE CHAIR SOMMELING: Madame Chair, 12 move to grant Miss Anderson permission to 13 reapply early for a casino service employee 14 registration and/or to obtain employment early 15 as a noncredential hotel employee. 16 COMMISSIONER FEDORKO: Second. 17 COMMISSIONER EPPS: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: Motion carries. 24 Thank you for coming. Good luck. 25 MS. ANDERSON: Thanks. 25 ITEM NO. 7 1 MR. BISCIEGLIA: Thank you. 2 MR. NANCE: Item No. 7, petition of the 3 Trustee of Conservator of Adamar of New Jersey, 4 Inc., to extend transactional waivers for 5 consultants. 6 Miss Nagengast? 7 MS. NAGENGAST: Good morning, Chair, 8 Commissioners. 9 CHAIR KASSEKERT: Good morning. 10 MS. NAGENGAST: For your consideration 11 is a petition seeking an extension of the 12 transactional waivers which the Commission has 13 previously granted. 14 Mr. Mack is here on behalf of the 15 Petitioners and Mary Jo Flaherty on behalf of 16 the Division. 17 CHAIR KASSEKERT: Thank you. 18 Good morning, Mr. Mack. 19 MR. MACK: Good morning, Chair, 20 Commissioners. 21 I've submitted another petition to 22 extend the waivers for Pam Popielarski, Gary 23 Simpson, and Mickey Brown. We'd just like to 24 keep open to the opportunity to have them 25 available to the extent it's necessary going 26 ITEM NO. 7 1 forward. And we leave to the Commission's 2 discretion as to how long to grant the 3 extension. 4 CHAIR KASSEKERT: Thank you. 5 Any questions for Mr. Mack? 6 VICE CHAIR SOMMELING: I have no 7 questions, Madame Chair. 8 CHAIR KASSEKERT: Miss Flaherty? 9 MS. FLAHERTY: Yes. Chair, 10 Commissioners. 11 On September the 15th the Division 12 advised that it did not interpose an objection 13 to the petition. 14 And we leave to the Commission's 15 discretion the time frame for the additional 16 period. 17 Thank you. 18 CHAIR KASSEKERT: Thank you. 19 Any questions? 20 VICE CHAIR SOMMELING: I have no 21 questions, Madame Chair. 22 COMMISSIONER FEDORKO: Motion to grant 23 the petition, extending the transactional 24 waivers for the consultants Gary Simpson, 25 Pamela Popielarski, and G. Michael Brown until 27 ITEM NO. 8-9 1 December 15th, 2008. 2 VICE CHAIR SOMMELING: Second. 3 CHAIR KASSEKERT: The motion is made and 4 seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: Motion carries. 9 Thank you. 10 MR. NANCE: Item No. 8 has been 11 adjourned until the October 15th, 2008, public 12 meeting. 13 Item No. 9, proposed publication and 14 temporary adoption of amendment to NJAC 15 19:45-1.37B. 16 MR. MONCRIEF: Good morning, Madame 17 Chair and members of the Commission. 18 Before you is the proposed publication 19 and temporary adoption of amendment to NJAC 20 19:45-1.37B which regulates the slot machine 21 tower lights which we see on top of the slot 22 machines. 23 Essentially, the proposed amendments 24 makes more flexibility the requirement for the 25 tower lights allowing for more creative and 28 ITEM NO. 10 1 innovative design for the slot machines 2 themselves. 3 CHAIR KASSEKERT: Thank you. 4 Any questions for Mr. Moncrief? 5 VICE CHAIR SOMMELING: No questions, 6 Madame Chair. 7 COMMISSIONER FEDORKO: Motion to approve 8 for publication and temporary adoption. 9 VICE CHAIR SOMMELING: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: Motion carries. 16 MR. NANCE: Item No. 10, proposed 17 publication and temporary adoption of 18 amendments to NJAC 19:47-20.6. 19 Mr. Moncrief? 20 MR. MONCRIEF: Madame Chair, members of 21 the Commission, before you is a proposed 22 publication of temporary adoption of amendment 23 to NJAC 19:47-20.6. 24 Essentially, the proposed amendments 25 allow three hands to be held simultaneous with 29 ITEM NO. 11 1 three-card poker as opposed to the two hands 2 that are allowed to be played simultaneously. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 VICE CHAIR SOMMELING: No questions, 6 Madame Chair. 7 COMMISSIONER FEDORKO: Motion to approve 8 for publication and temporary adoption. 9 VICE CHAIR SOMMELING: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: Motion carries. 16 MR. MONCRIEF: Thank you. 17 CHAIR KASSEKERT: Thank you. 18 MR. NANCE: Item No. 11 has been 19 adjourned to the October 15th, 2008, public 20 meeting. 21 In accordance with Resolution No. 22 07-12-12-26, the next closed session of the 23 Commission shall be held on Wednesday, October 24 15th, 2008, at 9:15 a.m. in the Commission 25 offices. 30 PUBLIC PARTICIPATION 1 It is now time for the public 2 participation portion of the meeting. 3 CHAIR KASSEKERT: Is the anyone from the 4 public that wishes to be head? 5 MR. DONNELLY: Yes, Madame Chair. 6 CHAIR KASSEKERT: Good morning, Mr. 7 Donnelly. 8 MR. DONNELLY: John Donnelly. I'd like 9 to be heard. 10 CHAIR KASSEKERT: Surely. 11 MR. DONNELLY: Good morning, members of 12 the Commission. I am today here with my 13 client, Angela Domino. The reason I'm here 14 today is to tell the Commission what's going on 15 with the Spin Poker game in one -- in the 16 casinos. 17 My client on May 3rd, 2007, almost 18 six -- yeah, almost a year and a half ago, 17 19 months ago, was playing Spin Poker game, a 20 progressive game, at Harrah's Casino. On the 21 jackpot meter was approximately $86,000, 22 $85,900 and some change. She had in the right 23 of amount of coins. She had the right 24 combination, and she won that jackpot. There 25 is no dispute that she was playing the machine. 31 PUBLIC PARTICIPATION 1 She put in the right amount of coins. She got 2 the right combination. Approximately three 3 minutes later, after she had won the jackpot, 4 the meter reset from 80 -- almost $86,000 to 5 $20,000. She was told then that she would not 6 receive the $86,000. And when she was tendered 7 the $20,000, she called a lawyer friend of hers 8 who told her, don't sign it unless you can put 9 a statement that you're taking it without 10 prejudice -- what lawyers would say, without 11 prejudice. So she didn't get the check. 12 I've been involved in this case since 13 June of '07, and we've tried to settle it 14 innumerable times. We ultimately had to file a 15 lawsuit on January 2008, and it's before the 16 Superior Court. 17 The reason I asked to come here today is 18 I have been trying to get the minimum $20,000 19 since -- for a year and a half. I am told that 20 today I will get that check. And I believe 21 that I will get the check today. I'm told it 22 was cut last night at 10:00. 23 I still think it's important to come. 24 Angela brought her -- some of her posse with 25 her. She's a player in Atlantic City. She's a 32 PUBLIC PARTICIPATION 1 long-term player. And I think this ridiculous. 2 I mean, she was -- 3 By the way, there's no dispute. No one 4 has suggested -- no one, not the CCC, not the 5 DGE, not Harrah's, not the monitor room, not 6 IGT, which owns and operates this system -- 7 that there was a machine malfunction. The 8 defense now is -- the defense now is if the 9 facts as I just recited them are true -- and by 10 the way, we have two independent eyewitnesses 11 who have no contact or connection with Ms. 12 Domino at all. One of them lives in Indiana, 13 Pennsylvania. The other one lives in Mays 14 Landing, who will verify they saw the same 15 thing, and they were playing at the same bank 16 of slots. 17 Now the defense from IGT, as I 18 understand it, if what Miss Domino says is 19 true, which is true, then it's void, and she 20 doesn't get paid anything. 21 That is -- I was asking Dan Heneghan 22 today, I could not find today the second 23 interim report from the governor's task force 24 on casino gambling back in 1973, I think. But 25 I do remember in at least the first five pages 33 PUBLIC PARTICIPATION 1 of that report it said one of the most 2 important things for the integrity of gaming is 3 that all bets are always paid. 4 And I think that the Commission should 5 look into this system, how it happened that if 6 indeed the defense is that this jackpot was won 7 at Trump's Marina approximately three minutes 8 before. That's one of the defenses. But the 9 fact of the matter is, when my client came in, 10 sat down, tendered the right amount of money, 11 and was -- the offer was, if you put in the 12 right coins, you get the right combination, you 13 win what was on the meter. That is what she 14 did. And that can't benefit the gaming in 15 Atlantic City or anywhere else. 16 We will fight out our war in the Law 17 Division. And this body does not have 18 jurisdiction. I recognize that. And I 19 probably wouldn't have been here -- well, I 20 know I wouldn't have been here if I had 21 received the $20,000 before today. But as I 22 said, I still don't have it. I'm promised I'd 23 get it. I'm certain I would get it now. But I 24 would ask the Commission to look into this. 25 Thank you very much. 34 PUBLIC PARTICIPATION 1 CHAIR KASSEKERT: Thank you, Mr. 2 Donnelly. 3 As you indicated, this is in litigation, 4 so we can't -- I can't have any comment. 5 Miss Domino, do you want to say 6 anything? 7 MS. DOMINO: No. 8 CHAIR KASSEKERT: Okay. Very good. 9 Thank you for coming. 10 MR. DONNELLY: Thank you. 11 MS. DOMINO: Thank you. 12 CHAIR KASSEKERT: Is there anyone else 13 from the public who wishes to be heard? 14 (No response.) 15 CHAIR KASSEKERT: Seeing no one, I'll 16 declare this portion of the meeting closed and 17 entertain a motion to adjourn. 18 VICE CHAIR SOMMELING: Motion to 19 adjourn. 20 COMMISSIONER FEDORKO: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 35 1 CHAIR KASSEKERT: Motion carries. 2 Thank you. 3 (Public Meeting 08-10-01 was adjourned 4 at 10:55 a.m.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings. 9 10 11 I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action. 17 18 19 DARLENE SILLITOE CCR 20 License No XI01023 21 22 Dated: October 5, 2008 23 My Commission Expires on July 10, 2009 24 ID No 2062871 25