1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 10-10-27 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, October 27, 2010 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 10:35 a.m. to 11:06 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 700 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 345-8448 www.accourtreporting.com 25 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 SHARON ANNE HARRINGTON, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 WILLIAM T. SOMMELING, COMMISSIONER EDWARD J. FANELLE, COMMISSIONER 5 6 PRESENT FOR THE CASINO CONTROL COMMISSION: DARYL W. NANCE, ADMINISTRATIVE ANALYST 7 DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 8 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 9 SECRETARY SETH H. BRILLIANT, SENIOR COUNSEL 10 TRACY E. RICHARDSON, COUNSEL CLAIRE FRANK, PROGRAM MANAGER 11 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR SANDRA DeLIA, LEGAL SUPPORT SPECIALIST 12 DIVISION OF GAMING ENFORCEMENT: 13 DEPUTY ATTORNEYS GENERAL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 14 JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 15 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 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 DARYL W. NANCE, ADMINISTRATIVE ANALYST JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL 3 FOX ROTHSCHILD, LLP MARIEL J. GILETTO, ESQ. 4 FOR: THE TRUMP ENTITIES 5 ITEM NO. 8 SANDRA DeLIA, LEGAL SUPPORT SPECIALIST R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 6 N. LYNNE HUGHES, ESQ. FOR: HARRAH'S ATLANTIC CITY 7 OPERATING COMPANY, LLC 8 ITEM NO. 9 TRACY E. RICHARDSON, COUNSEL JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL 9 N. LYNNE HUGHES, ESQ. FOR: HARRAH'S ATLANTIC CITY 10 OPERATING COMPANY, LLC 11 ITEM NO. 10 TRACY E. RICHARDSON, COUNSEL JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL 12 TAMA B. HUGHES, ESQ. FOR: TROPICANA ATLANTIC CITY CORP. 13 ITEM NO. 11 TRACY E. RICHARDSON, COUNSEL 14 JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL TAMA B. HUGHES, ESQ. 15 FOR: TROPICANA ENTERTAINMENT, INC. 16 ITEM NO. 13 SETH H. BRILIANT, SENIOR COUNSEL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 17 LEO PREVITI, ESQ. FOR: TROPICANA ATLANTIC CITY CORPORATION 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 10-10-27 2 OCTOBER 27, 2010, 10:35 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 8 8 October 14, 2010, public meeting 4 2 Applications for employee and casino service industry licenses 5 4 initial and/or renewal of casino key 8 9 and casino employee licenses 6 5 initial and/or renewal of casino key 9 9 and casino employee licenses 7 Presentation by Christopher Storcella 10 3 Petition No. 2771007 of Trump Entertainment 14 17 8 Resorts, Inc., Trump Entertainment Resorts Holding, LP, TERH, LP, Trump Taj Mahal 9 Associates, LLC, Trump Marina Associates, LLC, and Trump Plaza Associates, LLC, is 10 requesting the temporary qualification of Robert F. Griffin to assume the duties of 11 Chief Executive Officer and member of the board of directors pursuant to NJAC 19:43-2.7 12 (c) and (d); And Trump Taj Mahal Associates, LLC, is 13 requesting the issuance of a temporary casino key employee license to Robert F. 14 Griffin pursuant to NJSA 5:12-89(e) and to permit him pursuant to NJAC 19:43-2.6 to 15 assume the duties and exercise the powers of General Manager without first having been 16 found qualified 4 Stipulations of settlement and consent agreements: 17 a) Felix R. Rodriguez (10-0207-EA) 17 18 b) Ronald J. Davis (10-0139-EA) 17 18 18 c) Marques T. Shepperson (09-0524-EA) 17 18 5 Petitions for early reapplication: 19 a) Terrell T. Moore (10-0250-RA) 19 Sworn 19 20 b) Markou M. Yacoub (10-0264-RA) 22 23 6 Preliminary hearing concerning the 24 27 21 exclusion of Nicholas Caltabiano (10-0236-EL) 22 7 Applications for suspension: a) William M. McClean (a/k/a William M. 27 29 23 Mclean (10-0304-RC) b) Michael J. Smith (10-0305-RC) 27 29 24 c) Robert S. White (10-0303-RC) 27 29 25 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 10-10-27 2 OCTOBER 27, 2010, 10:35 a.m. ITEM PAGE VOTE 3 8 Consideration of forfeiture order in 29 32 State v. Harrah's Atlantic City Operating 4 Company, LLC, et al., (d/b/a Harrah's Marina Hotel & Casino) (10-0266-VC) 5 9 Petition of Tropicana Atlantic City 32 34 Corp. and Tropicana Entertainment, Inc., 6 to withdraw the applications of Thomas M. Benninger, Glenn C. Christenson, Michael 7 G. Corrigan, Keith Meister, Cass Palmer, Bradford Smith and David Zamarin (PRN 2701001) 8 10 Petition of Tropicana Atlantic City Corp. 34 36 for a declaratory ruling regarding 9 individuals required to qualify in conjunction with its application for a casino license 10 (PRN 2711001) 11 Petition of Tropicana Entertainment, 36 38 11 Inc., to withdraw the applications of Riad M. Shalaby, Karin J. Brugler and Richard L. 12 Baldwin (PRN 3280901) 12 Consideration of the plenary qualification 38 40 13 of Stephen McCall as a member of the board of directors of Trump Entertainment Resorts, 14 Inc. 13 Petition of Tropicana Atlantic City 41 43 15 Corp., (d/b/a Tropicana Casino and Resort) for permission to transfer Multi-Level 16 Instant-Pay Progressive Slot Jackpots pursuant to NJAC 19:45-1.39(n) (PRN 2861002) 17 14 Proposed adoption of amendments to NJAC 43 44 19:45-1.1, 1.11, 1.33, 1.43, 1.46, 1.46B, 18 1.54, and 1.55 (Validation of coupons by a gaming voucher system) 19 15 Petition of Resorts International Hotel, 44 45 Inc., for an amendment to NJAC 19:47-2.3 20 Pursuant to NJAC 19:40-3.6 and NJAC 19:47-8.4(PRN 3620902); and 21 Proposed publication of amendments to NJAC 19:45-1.20; 19:46-1.10 and 1.15; 19:47-2.1, 22 2.3, and 8.3 (Hand fee in the game of blackjack) 16 Proposed temporary adoption of amendments 45 46 23 to NJAC 19:45-1.12 (Supervision requirements for automated craps) 24 25 6 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 4 license X 5 P-2 Grant 5 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 10-10-27 was commenced 2 at 10:35 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 Meeting Act," the New Jersey Casino Control 9 Commission on October 15, 2009, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On October 16, 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 cell phones in the public 19 meeting room is prohibited. 20 Any member of the public who wish to 21 address the Commission will be given the 22 opportunity to do so before the Commission 23 adjourns for the day. 24 Please stand for the Pledge of 25 Allegiance. 8 ITEM NO. 1-2 1 (The flag salute was recited.) 2 CHAIR KASSEKERT: Good morning. 3 MR. NANCE: Good morning. 4 The matters discussed in closed session 5 were: Employee and enterprise licensing 6 matters. 7 The Commission approved the October 8 14th, 2010, closed-session minutes. 9 Litigation update regarding Edwards 10 versus Adamar New Jersey, et al. 11 Item No. 1, ratification of the minutes 12 of October 14th, 2010, public meeting. 13 VICE CHAIR SOMMELING: Move to approve. 14 COMMISSIONER FANELLE: 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: The motion carries. 21 MR. NANCE: Item No. 2, application for 22 employee and casino service industry licenses. 23 This agenda item will be entered as Exhibit 24 List 1 and 2. 25 Exhibit List 1 consists of four 9 ITEM NO. 2 1 applications for initial and/or renewal of 2 casino key and casino employee licenses. 3 The Division has objected to licensure. 4 COMMISSIONER EPPS: Move that we remand 5 these matters for hearings. 6 COMMISSIONER SOMMELING: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: The motion carries. 13 MR. NANCE: Exhibit List 2 consists of 14 five applications for initial and/or renewal of 15 casino key and casino employee licenses. 16 Staff and the Division have recommended 17 that these licenses be granted. 18 COMMISSIONER EPPS: Move that we grant 19 the license applications. 20 COMMISSIONER SOMMELING: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 10 1 CHAIR KASSEKERT: The motion carries. 2 MR. NANCE: Mr. Storcella? 3 MR. STORCELLA: Good morning Madame 4 Chair, Commissioners. 5 What I'd like to present to you today is 6 an action -- or is a matter that does not 7 require any action, and that's why they're 8 letting me do that, but let me just tell you 9 what we have here. 10 I'd like to talk a little bit about a 11 statutory change which occurred in April of 12 2009, and that change amended the Casino 13 Control Act to allow for the exemption of 14 casino service industries if they are publicly 15 traded, and that if their revenues of the 16 business they do with the casinos is less than 17 one-tenth of one percent of the total revenues 18 of the parent company, intermediate, and the 19 applicant company. 20 That happened in April of 2009. A set 21 of regulations codifying the implementation of 22 this statutory change was promulgated, and it 23 became effective in September 2009. And then 24 during the period of time from October 2009 25 until September -- or actually August 2010, 11 1 there were 15 individual petitions presented to 2 the Commission concerning matters of this 3 nature, and those 15 petitions, all 15 were 4 granted so the Commission, in essence, granted 5 exemptions to 15 companies by formal action. 6 In April of 2010 the resolution of the 7 Director of Licensing was amended to allow for 8 a joint delegated authority with the General 9 Counsel to allow matters of this nature, 10 companies that may fit this requirement, to 11 file a certification. It would be sent to the 12 Division of Gaming Enforcement, and we've had 13 great cooperation with the Division. We've 14 received a report from the Division after 15 they've done their analysis, and so far there's 16 have been seven matters of this nature during 17 the months of August and September that can 18 come back to us -- come to us, sent from the 19 Division. And we've gotten responses. And 20 both the General Counsel of the Commission and 21 Director of Licensing, myself, have authorized 22 the exemptions to seven of these companies. 23 They were: AT&T Corporation, CBS Outdoors, 24 Clear Channel Branded Cities, Micros Systems, 25 Inc., Orbitz Worldwide, Inc., Sysco 12 1 Philadelphia, and Verizon Network Integration 2 Corporation. 3 And what I'm trying -- what I'm doing 4 today is to present these matters so that you 5 are keenly aware of what has occurred with this 6 statutory change and these companies as well as 7 making it part of the record and for the 8 public's consumption. 9 If there's any questions, please let me 10 know. 11 CHAIR KASSEKERT: Thank you, Mr. 12 Storcella. 13 And my understanding is ongoing you're 14 going to update us regularly on the number of 15 requests that you've granted through delegated 16 authority? 17 MR. STORCELLA: Yes, ma'am. I forgot 18 that. 19 Every month -- we're going to try every 20 month for the second meeting of the month to 21 have a list or presentation of this nature if 22 we have any changes. And we're also running a 23 cumulative list of the number of companies that 24 have been exempt, which brings the total from 25 these seven through delegated authority and the 13 1 15 applications that were done prior to 22 2 companies that have received the exemptions 3 under that statutory change. 4 CHAIR KASSEKERT: Thank you. 5 Do any of the Commissioners -- 6 Yes, Commissioner Fanelle? 7 COMMISSIONER FANELLE: The genesis is 8 for this is to make it us efficient. It's just 9 another way to looking how we do it and just 10 seeing if we can do it better; is that correct? 11 MR. STORCELLA: Yes. And for years the 12 Commission had made a recommendation with 13 respect to this specific area to try to come up 14 with a method in which publicly traded 15 companies, basically the big companies, were -- 16 the exemptions provisions of the statute could 17 be opened up. And we actually developed this 18 recommendation a number of years prior to it -- 19 to the Casino Control Act being changed. And 20 it was a recommendation that was -- the genesis 21 was this agency itself to the legislative body. 22 COMMISSIONER FANELLE: Thank you. 23 I applaud you for your efforts, and it 24 just makes it more streamlined, and it makes it 25 nor fluid. And so thank you. 14 ITEM NO. 3 1 CHAIR KASSEKERT: And, hopefully, maybe 2 some companies who weren't interested in doing 3 business in Atlantic City now being interested. 4 COMMISSIONER FANELLE: It opened that 5 door. 6 CHAIR KASSEKERT: Right. 7 MR. STORCELLA: Should not be a 8 detriment at all, the licensing process. 9 CHAIR KASSEKERT: Great. Thank you. 10 MR. STORCELLA: Thank you. 11 COMMISSIONER SOMMELING: No questions, 12 Madame Chair. 13 CHAIR KASSEKERT: Thank you. 14 MR. STORCELLA: Thank you. 15 CHAIR KASSEKERT: And thank you, 16 Commissioner Harrington, for your -- 17 VICE CHAIR HARRINGTON: Thank you. 18 MR. NANCE: Item No. 3, Petition No. 19 2771007 of Trump Entertainment Resorts, Inc., 20 Trump Entertainment Resorts Holding, LP, TERH, 21 LP, Trump Taj Mahal Associates, LLC, Trump 22 Marina Associates, LLC, and Trump Plaza 23 Associates, LLC, is requesting the temporary 24 qualification of Robert F. Griffin to assume 25 the duties of Chief Executive Officer and 15 ITEM NO. 3 1 member of the board of directors pursuant to 2 NJAC 19:43-2.7(c) and (d);. 3 And Trump Taj Mahal Associates, LLC, is 4 requesting the issuance of a temporary casino 5 key employee license to Robert F. Griffin 6 pursuant to NJSA 5:12-89(e) and to permit him 7 pursuant to NJAC 19:43-2.6 to assume the duties 8 and exercise the powers of General Manager 9 without first having been found qualified. 10 CHAIR KASSEKERT: Good morning. 11 MS. GILETTO: Good morning, Madame 12 Chair, Commissioners. Mariel Giletto, Fox 13 Rothschild, on behalf of the Petitioners, the 14 Trump licensees. 15 You have before you the petition that 16 Mr. Nance just stated. 17 Mr. Griffin filed for qualification, and 18 we are relying on everything on the papers. We 19 nothing to add. So, therefore, we ask that you 20 grant the petition. 21 CHAIR KASSEKERT: Thank you. 22 Mr. Fogarty? 23 MR. FOGARTY: Yes. Good morning. 24 I did a letter not objecting to the 25 relief sought both for a temp key for the 16 ITEM NO. 3 1 position of General Manager of the Taj -- 2 Did I get that right? 3 MS. GILETTO: Yes. 4 MR. FOGARTY: And also for temp 5 qualification for the position of CEO of many 6 of the Trump entities, including the ultimate 7 holding company. 8 CHAIR KASSEKERT: Thank you. 9 Any questions? 10 COMMISSIONER SOMMELING: I have no 11 questions, Madame Chair. 12 COMMISSIONER FANELLE: Madame Chair, I 13 move that we authorize Robert F. Griffin on a 14 temporary basis and prior to his preliminary 15 qualification to exercise the powers of Chief 16 Executive Officer and member of the board of 17 directors for Trump Entertainment Resorts, 18 Inc., Trump Entertainment Resorts Holdings, LP, 19 TERH, LP, Trump Taj Mahal Associates, LLC, 20 Trump Marina Associates, LLC, and Trump Plaza 21 Associates, LLC, subject to the conditions 22 contained in NJAC 19:43-2.7; and issue a 23 temporary casino key employee license to Mr. 24 Griffin and permit him to assume the duties and 25 exercise the powers of General Manager for 17 ITEM NO. 4 1 Trump Taj Mahal Associates, LLC, without first 2 having been found qualified. 3 VICE CHAIR HARRINGTON: Second. 4 CHAIR KASSEKERT: Motion is made and 5 seconded. This is a roll call vote. 6 MR. NANCE: Commissioner Sommeling? 7 COMMISSIONER SOMMELING: Yes. 8 MR. NANCE: Commissioner Epps? 9 COMMISSIONER EPPS: Yes. 10 MR. NANCE: Commissioner Fanelle? 11 COMMISSIONER FANELLE: Yes. 12 MR. NANCE: Vice Chair Harrington? 13 VICE CHAIR HARRINGTON: Yes. 14 MR. NANCE: Chair Kassekert? 15 CHAIR KASSEKERT: Yes. 16 MR. NANCE: The record will reflect that 17 the record is unanimous. 18 CHAIR KASSEKERT: Thank you. 19 MR. FOGARTY: Thank you. 20 MS. GILETTO: Thank you. 21 CHAIR KASSEKERT: We'll look forward to 22 welcoming Mr. Griffin back to Atlantic City. 23 MS. GILETTO: Thanks. 24 MR. NANCE: Item No. 4, stipulation of 25 settlement and consent agreements. When I call 18 ITEM NO. 4 1 your name, please come forward, standing before 2 this middle table, spreading across the room so 3 that you may be seen: Felix Rodriguez, Ronald 4 Davis, and Marques Shepperson. 5 CHAIR KASSEKERT: Are any of the 6 individuals here whose names have just been 7 called? 8 (No response.) 9 CHAIR KASSEKERT: Okay. Mr. Kimmel? 10 MR. KIMMEL: Thank you. Good morning, 11 Chair, members of the Commission. 12 The Division requests that the 13 stipulations be approved as submitted. 14 CHAIR KASSEKERT: Thank you. 15 Any questions? 16 COMMISSIONER SOMMELING: No questions, 17 Madame Chair. 18 Move to approve the stipulations. 19 COMMISSIONER EPPS: 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: The motion carries. 19 ITEM NO. 5a 1 MR. NANCE: Item No. 5, petitions for 2 early reapplication for Terrell Moore, and 3 Markou Yacoub. 4 Miss Frigen? 5 MS. FRIGEN: Madame Chair, 6 Commissioners, both Petitioners are present 7 this morning. 8 The first case we have is Mr. Moore. 9 For your consideration is his petition seeking 10 permission to reapply early for a casino 11 employee license and registration and/or 12 noncredential hotel employment. 13 The Division has interposed no objection 14 to this petition. 15 CHAIR KASSEKERT: Thank you. 16 Mr. Moore, is there anything you'd like 17 to say today? 18 MR. MOORE: Um, I -- 19 CHAIR KASSEKERT: Okay. You need to be 20 sworn in. 21 22 TERRELL T. MOORE, was duly sworn to 23 testify in this matter. 24 25 MR. NANCE: Please state your name for 20 ITEM NO. 5a 1 the record. 2 MR. MOORE: Terrell Moore. 3 MR. NANCE: Thank you. You may be 4 seated. 5 MR. MOORE: Okay. 6 CHAIR KASSEKERT: Mr. Moore, what would 7 you like to say today? 8 MR. MOORE: Nothing too much. Just what 9 happened, when it happened, I was 18 years old. 10 I was basically a child. I was fresh out of 11 high school, and I was basically influenced by 12 others, but I wouldn't ever, you know, blame my 13 issues and my problems on someone else. I did 14 make the mistake, and I've been paying for it 15 ever since. 16 And really since 2008, I've changed 17 completely. I'm not nearly the person I was -- 18 that I was back then. I became a father of two 19 wonderful children, five and three years old. 20 I'm a saved man of God, which is the most 21 important thing that has come into my life. I 22 got my -- recently got my GED and enrolled into 23 college where I have 3.7 grade point average. 24 And, just, I'm trying to be the best man that I 25 can possibly be and influence other people in 21 ITEM NO. 5a 1 my neighborhood and just in the general area as 2 to how they can change their life as to what 3 happened in the past. 4 I just ask that you look past my issues 5 and see the person that I've become because of 6 it. 7 CHAIR KASSEKERT: Thank you. Well, we 8 appreciate your comments and sharing that with 9 us. 10 Mr. Kimmel? 11 MR. KIMMEL: Thank you, Madame Chair. 12 The Division filed a letter on September 13 23rd, 2010. We would note that the conduct for 14 which the original revocation occurred is more 15 than almost six years ago. So at this point we 16 do not object to the relief requested by the 17 petition. 18 Thank you. 19 CHAIR KASSEKERT: Thank you, Mr. Kimmel. 20 Any questions? 21 COMMISSIONER SOMMELING: Madame Chair, 22 move to grant Mr. Moore permission to reapply 23 early for a casino employee license, casino 24 service employee registration, and/or to obtain 25 employment early as noncredential hotel 22 ITEM NO. 5b 1 employee. 2 COMMISSIONER EPPS: Second. 3 CHAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: The motion carries. 9 Thank you for coming. Good luck. 10 MR. MOORE: Is that, like, a good thing? 11 MS. FRIGEN: That's a good thing. 12 CHAIR KASSEKERT: Yeah. 13 (Laughter.) 14 MR. MOORE: Thank you. 15 MS. FRIGEN: The next thing -- the next 16 case we have is Mr. Yacoub. Please excuse me 17 if I mispronounce your name. 18 As he is approaching the table, I would 19 just mention that the Commission previously 20 granted him permission to reapply early to work 21 in a hotel capacity. He has filed this 22 petition seeking permission to reapply early 23 for a casino employee license. 24 And, again, the Division has interposed 25 no objection. 23 ITEM NO. 5b 1 CHAIR KASSEKERT: Thank you. 2 Mr. Yacoub -- is that correct? 3 MR. YACOUB: Yeah. 4 CHAIR KASSEKERT: Anything you'd like to 5 say today? 6 MR. YACOUB: No. 7 CHAIR KASSEKERT: Okay. Mr. Kimmel? 8 MR. KIMMEL: Again, you have our letter 9 of September 23rd. In this one the conduct was 10 nearly four years ago. The conduct itself was 11 not disqualifying, although at that time the 12 Division pursued a character objection. In 13 view of the information that's been submitted, 14 we have no objection to the relief requested. 15 CHAIR KASSEKERT: Thank you. 16 Any questions? 17 COMMISSIONER SOMMELING: Madame Chair, 18 move to grant Mr. Yacoub permission to reapply 19 early for a casino employee license. 20 VICE CHAIR HARRINGTON: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 24 ITEM NO. 6 1 CHAIR KASSEKERT: The motion carries. 2 Thank you for coming. Good luck. 3 MR. YACOUB: Thank you. 4 MR. NANCE: Item No. 6, preliminary 5 hearing concerning the exclusion of Nicholas 6 Caltabiano. 7 Miss Frigen? 8 MS. FRIGEN: Madame Chair, I believe you 9 received a request yesterday from the law firm 10 of Mr. Leonard requesting a postponement of 11 this preliminary hearing today. It's my 12 understanding the Division is not objecting to 13 the adjournment request, but Mr. Ficchi is here 14 just to affirm the Division's position. But 15 the matter is before the Commission for the 16 consideration of the adjournment request. 17 CHAIR KASSEKERT: Thank you. 18 Mr. Ficchi? 19 MR. FICCHI: Yes. Good morning, Madame 20 Chair and Commissioners. 21 Yes. The Division has been in contact 22 with Mr. Leonard and since the time of the last 23 hearing in this matter before this body, he did 24 secure counsel, and the counsel requested, you 25 know, an adjournment based on a professional 25 ITEM NO. 6 1 and personal conflicts. In light of the fact 2 of, you know, an accommodation to an attorney 3 who's attempting to represent an individual and 4 also the fact that pursuant to the terms of the 5 probation of Mr. Caltabiano from Judge Donio 6 that he's not to be present at any Atlantic 7 City casino or -- sufficiently, you know, 8 comfort level is sufficient that this matter 9 can be put into the December agenda, and so we 10 have no objection to the adjournment. 11 CHAIR KASSEKERT: Thank you. 12 Commissioner Epps? 13 COMMISSIONER EPPS: Madame Chair, based 14 on the representation of the Division and the 15 request through the letter from Mr. Leonard, I 16 would move that we adjourn this matter without 17 date so that we don't run into another date 18 conflict in the December meeting that we know 19 about. So there -- sometime after the December 20 meeting when the schedules are able to work 21 out, we can set a new date. But to set a date 22 certain and then run the risk of another 23 adjournment -- 24 CHAIR KASSEKERT: Right. 25 COMMISSIONER EPPS: -- it makes more 26 ITEM NO. 6 1 sense to adjourn it without date into December 2 until we can determine when the appropriate 3 date is. 4 MR. FICCHI: Commissioner, certainly in 5 your discretion. But on the December 15th -- I 6 mean, if that's the date if it was set, for 7 December 15th, the attorney would have to come 8 forward. We wouldn't consent beyond that time. 9 So, I mean, he would have to present his 10 reasons for not having on that date, just like 11 any other litigant would before the Commission 12 saying that they cannot appear for whatever 13 reason. 14 I don't know if I quite understand, you 15 know, the rationale but I -- 16 COMMISSIONER EPPS: It could very well 17 be December 15th. What I'm saying is if we set 18 a certain -- I mean, there are three date 19 conflicts in this letter here, and if -- he's 20 got counsel, and you don't object to him 21 getting counsel. I'm saying if it's the 22 December date or the first January meeting, 23 we're adjourning it until then. He can't come 24 into the casino anyway. The point is saying a 25 next day today runs us into a potential problem 27 ITEM NO. 7 1 that we don't need to run into. 2 MR. FICCHI: Well, I see. No. I 3 appreciate your explanation, and I will work 4 with the other attorney to make sure that 5 the -- that we'll have it scheduled as soon as 6 possible. 7 CHAIR KASSEKERT: Thank you. We 8 appreciate it. 9 MR. FICCHI: Thank you. 10 CHAIR KASSEKERT: There's a motion made. 11 Is there a second? 12 COMMISSIONER FANELLE: 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: The motion carries. 19 Thank you. 20 MR. FICCHI: Thank you. 21 MR. NANCE: Item No. 7, applications for 22 suspension: William McClean, Michael Smith, 23 and Robert White. 24 Miss DeLia? 25 MS. DeLIA: Good morning. For the 28 ITEM NO. 7 1 record, I would like to ask if Mr. McLean or 2 Mr. Smith are here? 3 (No response.) 4 MS. DELIA: Apparently not. 5 With respect to Robert White, Mr. White 6 was here before the meeting, and he conveyed to 7 staff that he is not challenging the suspension 8 and is reserving his right for a final hearing 9 pending the resolution of his criminal matter. 10 He also wanted to convey that his absence is 11 not an admission of guilt. He is just not 12 comfortable addressing the Commission. 13 Mr. Kimmel? 14 CHAIR KASSEKERT: Thank you. 15 Mr. Kimmel? 16 MR. KIMMEL: Thank you. 17 In all three cases there have been 18 arrests for conduct in the casino. The 19 Division, therefore, asks that the applications 20 be granted. 21 By way of update, all three of these are 22 currently pending a municipal court, so all the 23 charges remain pending at this time. 24 Thank you. 25 CHAIR KASSEKERT: Thank you. 29 ITEM NO. 8 1 Any questions? 2 COMMISSIONER SOMMELING: No questions, 3 Madame Chair. 4 COMMISSIONER EPPS: Move to suspend 5 credentials. 6 COMMISSIONER SOMMELING: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: The motion carries. 13 Thank you. 14 MR. KIMMEL: Thank you. 15 MR. NANCE: Item No. 8, consideration of 16 forfeiture order in State versus Harrah's 17 Atlantic City Operating Company, LLC, et al. 18 Miss DeLia? 19 MS. DeLIA: For the Commission's 20 consideration is a forfeiture order seeking 21 money confiscated by Harrah's Marina from 22 self-excluded patron to be turned over to the 23 Commission for disposition. 24 Lynne Hughes, counsel for the licensee, 25 has no objection to the entry of this order. 30 ITEM NO. 8 1 The patron has been provided with notice 2 and the opportunity to be heard. He did 3 contact me, and he stated that he is not 4 contesting the matter. 5 It's now being presented to the 6 Commission for a final action. 7 Mr. Stebbins is here on behalf of the 8 Division. 9 CHAIR KASSEKERT: Thank you. 10 Good morning, Mr. Stebbins. 11 MR. STEBBINS: Good morning, Madame 12 Chair, members of the Commission. 13 Two things I'd just like to say very 14 quickly here. This individual was a day early 15 because he had not quite reached the end of the 16 term that he had signed up for. So instead of 17 being a day late and a dollar short, he's a day 18 early and 2,400 -- or $2,004 short. 19 CHAIR KASSEKERT: Okay. 20 MR. STEBBINS: The other thing that I 21 would just take a moment to note -- and this 22 comes up, you know, with some regularity. When 23 somebody puts their name on the exclusion list, 24 it is up to them to at some point down the road 25 after the expiration of the term, if they pick 31 ITEM NO. 8 1 the one year or the five years, to come back to 2 either you or to the Division and say now I 3 want to be taken off of the list. Just because 4 the term expires doesn't mean they are off the 5 list. And I think that that's a point that 6 perhaps on the public record here I should 7 make, so that's the answer to that. 8 Thank you. 9 CHAIR KASSEKERT: Thank you. 10 MR. STEBBINS: Please enter the 11 appropriate order. 12 CHAIR KASSEKERT: Thank you. 13 Any questions for Mr. Stebbins? 14 COMMISSIONER SOMMELING: No questions, 15 Madame Chair. 16 VICE CHAIR HARRINGTON: I'll move that 17 based upon the patron being on the 18 self-exclusion list on the date of the 19 winnings, find that this individual has 20 forfeited the money and/or things of value 21 received pursuant to NJAC 5:12-71.3(a) and 22 Harrah's Atlantic City Operating Company, LLC, 23 is directed to remit the forfeited funds to the 24 Commission for appropriate disposition in 25 accordance with NJSA 5:12-71.3(c). 32 ITEM NO. 9 1 COMMISSIONER FANELLE: Second. 2 COMMISSIONER EPPS: Second. 3 CHAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: The motion carries. 9 Thank you. 10 MR. STEBBINS: Thank you. 11 MS. DeLIA: Thank you. 12 MR. NANCE: Item No. 9, petition of 13 Tropicana Atlantic City Corp. and Tropicana 14 Entertainment, Inc., to withdraw the 15 applications of Thomas M. Benninger, Glenn C. 16 Christenson, Michael G. Corrigan, Keith 17 Meister, Cass Palmer, Bradford Smith, and David 18 Zamarin. 19 Miss Richardson? 20 MS. RICHARDSON: Good morning, Chair and 21 Commissioners. 22 A draft resolution on this item was 23 circulated to the parties. And appearing for 24 the Petitioners is Tama Hughes, and for the 25 Division is DAG Jim Fogarty. 33 ITEM NO. 9 1 CHAIR KASSEKERT: Thank you. 2 Good morning, Miss Hughes. 3 MS. HUGHES: Good morning, Madame Chair. 4 Commissioners. 5 I've had an opportunity to review the 6 resolution that was, in fact, circulated, made 7 no additions or deletions, and just ask that 8 you adopt it in its current format. 9 CHAIR KASSEKERT: Thank you. 10 Mr. Fogarty? 11 MR. FOGARTY: Yes. DAG Adams in a 12 letter to you all dated October 4, 2010, 13 recommending that the relief sought in the 14 petition regarding withdrawal of the various 15 named individuals therein be allowed. 16 The Division has seen the Draft 17 Resolution 10-10-27-09, and we have no 18 objection to its entry. 19 CHAIR KASSEKERT: Thank you. 20 Any questions? 21 COMMISSIONER SOMMELING: I have no 22 questions, Madame Chair. 23 COMMISSIONER FANELLE: Madame Chair, I 24 request that we permit Messrs. Benninger, 25 Christenson, Corrigan, Meister, Palmer, Smith, 34 ITEM NO. 10 1 and Zamarin to withdraw their applications for 2 qualification pursuant to NJAC 19:41-8.6. 3 VICE CHAIR HARRINGTON: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: The motion carries. 10 MR. NANCE: Item No. 10, petition of 11 Tropicana Atlantic City Corp. for a declaratory 12 ruling regarding individuals required to 13 qualify in conjunction with this application 14 for a casino license. 15 Miss Richardson? 16 MS. RICHARDSON: Good morning again. 17 The draft resolution was also circulated 18 to the parties in this item. 19 And appearing again is Tama Hughes for 20 the Petitioners and for the Division is Jim 21 Fogarty. 22 CHAIR KASSEKERT: Thank you. 23 Again, Miss Hughes? 24 MS. HUGHES: Good morning. Once again, 25 good morning, everyone. 35 ITEM NO. 10 1 We, the Tropicana, has had an 2 opportunity to review the proposed resolution. 3 I have no additions or deletions and ask that 4 you respect -- respectfully ask that you adopt 5 the same. 6 CHAIR KASSEKERT: Thank you. 7 Mr. Fogarty? 8 MR. FOGARTY: Yes. Again, DAG Adams did 9 a letter to you all -- the same day 10 October 4th. He was busy that day. October 4, 11 2010. 12 (Laughter.) 13 MR. FOGARTY: With regard to the request 14 that the individuals named be ruled not 15 required to qualify under the Casino Control 16 Act. 17 The Division has seen the draft 18 resolution, the one revised yesterday, 19 10-10-27-10, and we have no objection to its 20 entry. 21 CHAIR KASSEKERT: Thank you. 22 Any questions? 23 COMMISSIONER SOMMELING: No questions, 24 Madame Chair. 25 VICE CHAIR HARRINGTON: I move that we 36 ITEM NO. 11 1 grant the requested relief and issue a 2 declaratory ruling that Daniel B. Colella, 3 Karen Ann Curley, Francis X. Kenny, Chad A. 4 Mostats, Christina R. [sic] Paul, Robert J. 5 Phillip, and William Rowe are not required to 6 qualify in connection with the pending casino 7 license application of Tropicana Atlantic City 8 Corp. 9 COMMISSIONER FANELLE: Second. 10 COMMISSIONER EPPS: Second. 11 CHAIR KASSEKERT: The motion has been 12 made and seconded. All in favor? 13 (Ayes.) 14 CHAIR KASSEKERT: Opposed? 15 (No response.) 16 CHAIR KASSEKERT: The motion carries. 17 MR. NANCE: Item No. 11, petition of 18 Tropicana Entertainment, Inc., to withdraw the 19 applications of Riad M. Shalaby, Karin Brugler, 20 and Richardson Baldwin. 21 Miss Richardson? 22 MS. RICHARDSON: Good morning again. 23 A draft resolution was also circulated 24 in this matter. Appearing again for 25 Petitioners is Tama Hughes and for the Division 37 ITEM NO. 11 1 is Jim Fogarty. 2 CHAIR KASSEKERT: Thank you. Third 3 time. 4 MS. HUGHES: Good morning again. 5 I'm hoping, as with the other two 6 resolutions, we've had an opportunity to review 7 it. There are no additions or deletions. And 8 we would respectfully -- respectfully ask that 9 you approve the same. 10 CHAIR KASSEKERT: Thank you. 11 Mr. Fogarty? 12 MR. FOGARTY: Yes. DAG Adams did a 13 letter to you all dated October 21 with regard 14 to the withdrawal request for the three named 15 individuals expressing no objection to you 16 granting that request. 17 The Division has seen the revised draft 18 resolution revised as of yesterday, 19 10-10-27-11, and have -- and has no objection 20 to its entry. 21 CHAIR KASSEKERT: Thank you. 22 Any questions? 23 COMMISSIONER SOMMELING: No questions, 24 Madame Chair. 25 VICE CHAIR HARRINGTON: Well, I will say 38 ITEM NO. 12 1 that Ms. Richardson has also been very busy. 2 (Laughter.) 3 MR. FOGARTY: On October 4th? 4 VICE CHAIR HARRINGTON: On October 4th 5 and October 27th and 26th and. 6 MS. RICHARDSON: Thank you. 7 VICE CHAIR HARRINGTON: And so I will 8 move that we permit Riad Shalaby, Karin J. 9 Brugler, and Richard L. Baldwin to withdraw 10 their qualification for qualification pursuant 11 to NJSA 19:41-8.6. 12 COMMISSIONER SOMMELING: 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: The motion carries. 19 Thank you. 20 MS. HUGHES: Thank you. 21 MR. NANCE: Item -- 22 MS. RICHARDSON: Thank you. 23 MR. NANCE: Item No. 12, consideration 24 of the plenary qualification of Stephen McCall 25 as a member of the board of directors of Trump 39 ITEM NO. 12 1 Entertainment Resorts, Inc. 2 Miss Frank? 3 MS. FRANK: Good morning, Chair and 4 Commissioners. 5 Mr. McCall received temporary 6 qualification from the Commission on July 14th 7 of this year. 8 A draft resolution has been circulated 9 to the parties. 10 Apparently, Trump Entertainment Resorts 11 is not represented, but Mr. Fogarty is here for 12 the Division. 13 CHAIR KASSEKERT: Thank you. 14 Mr. Fogarty? 15 MR. FOGARTY: Yes. We did a letter to 16 you -- not by Jack but by me -- September 15th. 17 CHAIR KASSEKERT: I'm happy you're doing 18 some work there. I was getting a little 19 worried. 20 (Laughter.) 21 MR. FOGARTY: September 15th, 2010, 22 recommending that you plenarily qualify Mr. 23 McCall. Mr. McCall will, as -- as perhaps 24 you'll recall from earlier in the summer, is 25 one of the three, quote, independent, meaning 40 ITEM NO. 12 1 not otherwise engaged by Avenue, board of 2 director members for the reorganized Trump 3 Entertainment Resorts. We thought we could 4 report on him since we were finished now as 5 distinguished from the Avenue stuff that -- the 6 Avenue things that we have to do, which is 7 under ICA, and we'll probably do those all 8 together. 9 So I've seen the draft resolution, and I 10 have no objection to its entry. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 COMMISSIONER SOMMELING: No questions, 14 Madame Chair. 15 COMMISSIONER EPPS: Madame Chair, I move 16 that we adopt the draft resolution and find 17 Stephen McCall qualified to serve as a member 18 of the board of directors for Trump 19 Entertainment Resorts, Inc. 20 VICE CHAIR HARRINGTON: Second. 21 CHAIR KASSEKERT: Motion has been made 22 and seconded. This is a roll call vote. 23 MR. NANCE: Commissioner Sommeling? 24 COMMISSIONER SOMMELING: Yes. 25 MR. NANCE: Commissioner Epps? 41 ITEM NO. 13 1 COMMISSIONER EPPS: Yes. 2 MR. NANCE: Commissioner Fanelle? 3 COMMISSIONER FANELLE: Yes. 4 MR. NANCE: Vice Chair Harrington? 5 VICE CHAIR HARRINGTON: Yes. 6 MR. NANCE: Chair Kassekert? 7 CHAIR KASSEKERT: Yes. 8 MR. NANCE: The record will reflect that 9 the motion is unanimous. 10 MR. FOGARTY: Thank you. 11 CHAIR KASSEKERT: Thank you. 12 MS. FRANK: Thank you. 13 MR. NANCE: Item No. 13, petition of 14 Tropicana Atlantic City Corporation for 15 permission to transfer Multi-Level Instant-Pay 16 Progressive Slot Jackpots pursuant to NJAC 17 19:45-1.39(n). 18 Mr. Briliant? 19 MR. BRILIANT: Good morning, Madame 20 Chair and Commissioners. 21 Mr. Previti is here on behalf of IGT. 22 Mr. Kimmel is here on behalf of the Division. 23 And we did circulate a proposed 24 resolution to the parties. 25 CHAIR KASSEKERT: Thank you. 42 ITEM NO. 13 1 Good morning, Mr. Previti. 2 MR. PREVITI: Good morning, Chair, 3 Commissioners. 4 We've reviewed the draft resolution and 5 ask that you adopt it. 6 If you have any questions, I'd be happy 7 to answer those. 8 CHAIR KASSEKERT: Thank you. 9 Mr. Kimmel? 10 MR. KIMMEL: I've also reviewed the 11 draft resolution and have no objection to its 12 adoption. 13 Thank you. 14 CHAIR KASSEKERT: Thank you. 15 Any questions? 16 COMMISSIONER SOMMELING: No questions, 17 Madame Chair. 18 Move to adopt as published. 19 COMMISSIONER EPPS: Don't we have to -- 20 CHAIR KASSEKERT: I think we have to -- 21 COMMISSIONER EPPS: I'll move that we 22 adopt the draft resolution and grant the relief 23 requested by Tropicana Atlantic City Corp. to 24 permit the progressive multi-level instant-pay 25 jackpot transfers subject to the compliance 43 ITEM NO. 14 1 with the 30-day notice requirement in NJAC 2 19:45-1.39(n). 3 COMMISSIONER SOMMELING: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: The motion carries. 10 MR. PREVITI: Thank you. 11 CHAIR KASSEKERT: Thank you. 12 MR. NANCE: Item No. 14, proposed 13 adoption of amendments concerning validation of 14 coupons by a gaming voucher system. 15 Mr. Briliant? 16 MR. BRILIANT: As Mr. Nance indicated, 17 this proposal would permit coupons to be 18 validated by an approved gaming voucher system 19 that's connected to a bill changer of a slot 20 machine. 21 This proposal was requested by Harrah's 22 for affiliated casino licensees. 23 The notice of proposal was published in 24 the New Jersey "Register" on July 19th, 2010, 25 and when the public comment period closed on 44 ITEM NO. 15 1 September 17th, we had received comments from 2 Bally Technologies. In response to those 3 comments, we've suggested a number of minor 4 technical and substantive changes which, in our 5 opinion, would not require republication. 6 And the matter is now before you for 7 consideration. 8 CHAIR KASSEKERT: Thank you. 9 Any questions? 10 COMMISSIONER SOMMELING: No questions, 11 Madame Chair. 12 COMMISSIONER EPPS: Move that we adopt 13 as published with minor technical and 14 substantive changes not requiring publication. 15 VICE CHAIR HARRINGTON: Second. 16 COMMISSIONER FANELLE: Second. 17 CHAIR KASSEKERT: The motion has been 18 made and seconded. All in favor? 19 (Ayes.) 20 CHAIR KASSEKERT: Opposed? 21 (No response.) 22 CHAIR KASSEKERT: The motion carries. 23 MR. NANCE: Item No. 15, petition of 24 Resorts International Hotel, Inc., for an 25 amendment to NJAC 19:47-2.3 pursuant to NJAC 45 ITEM NO. 16 1 19:40-3.6 and NJAC 19:40 -- excuse me -- NJAC 2 19:47-2.8.[sic] and proposed publication of 3 amendments for hand fee in the a game of 4 blackjack. 5 Mr. Briliant? 6 MR. BRILIANT: This matter was adjourned 7 from the October 14th, 2010, meeting so that we 8 could revise and finalize the proposal for your 9 review, and the improved, revised version is 10 now before you for consideration. 11 CHAIR KASSEKERT: Thank you. 12 Thank you for working on that. 13 Any questions? 14 COMMISSIONER SOMMELING: Madame Chair, I 15 move to approve for publication. 16 MR. FANELLE: Second. 17 CHAIR KASSEKERT: The motion has been 18 made and seconded. All in favor? 19 (Ayes.) 20 CHAIR KASSEKERT: Opposed? 21 COMMISSIONER EPPS: No. 22 CHAIR KASSEKERT: Motion carries four to 23 one. 24 MR. NANCE: Item No. 16 proposed 25 temporary adoption to amendment to NJAC 46 ITEM NO. 16 1 19:45-1.12. 2 Mr. Briliant? 3 MR. BRILIANT: Chair and Commissioners, 4 this is a proposal which would permit automated 5 craps to be included in revised supervision and 6 would also reduce the limitations on standard 7 supervision for the game. This is a game that 8 uses a sealed mechanical dice shaker. It's 9 been out on the casino floor for about a year 10 now. And because of the reasons indicated in 11 the proposal and our memo, we think that the 12 relief requested by Trump Marina can be 13 considered and granted. 14 It's now before you for consideration. 15 CHAIR KASSEKERT: Thank you. 16 Any questions? 17 COMMISSIONER SOMMELING: No questions, 18 Madame Chair. 19 COMMISSIONER EPPS: Move for temporary 20 adoption. 21 COMMISSIONER SOMMELING: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 47 ITEM NO. 16 1 (No response.) 2 CHAIR KASSEKERT: The motion carries. 3 Thank you. 4 MR. BRILIANT: Thank you. 5 MR. NANCE: In accordance with 6 Resolution No. 09-12-16-20, the next closed 7 session of the Commission shall be held on 8 Wednesday, November 10th, 2010, at 9:15 a.m. in 9 the Commission offices. 10 It is now time for the public 11 participation portion of the meeting. 12 CHAIR KASSEKERT: Is there anyone from 13 the public that 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 COMMISSIONER SOMMELING: Motion to 19 adjourn. 20 CHAIR KASSEKERT: Is there a second? 21 COMMISSIONER FANELLE: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 48 1 (No response.) 2 CHAIR KASSEKERT: The motion carries. 3 Thank you. 4 (Public Meeting 10-10-27 was adjourned 5 at 11:06 a.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 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 28, 2010 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25