1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 11-03-16 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, March 16, 2011 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 10:37 a.m. to 2:18 p.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 EDWARD J. FANELLE, VICE CHAIR SHARON ANNE HARRINGTON, COMMISSIONER 4 5 PRESENT FOR THE CASINO CONTROL COMMISSION: DARYL W. NANCE, ADMINISTRATIVE ANALYST 6 DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 8 SECRETARY CLAIRE FRANK, PROGRAM MANAGER 9 10 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 11 JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL 12 13 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 CLAIRE FRANK, PROGRAM MANAGER JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL 3 FOX ROTHSCHILD, LLP NICHOLAS CASIELLO, JR., ESQ. 4 FOR: TRUMP ENTERTAINMENT RESORTS, INC. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 11-03-16 2 MARCH 16, 2011, 10:37 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 7 7 February 9, 2011, public meeting 4 2 Applications for employee licenses and/or for qualifications: 5 a) John W. Gary (key) 7 8 b) Paul M. Merrick (key) 7 8 6 c) Leeza B. Patel (key) 7 8 d) William Rodriguez (key) 7 8 7 e) Christopher Sannino, Jr. (key) 7 8 f) Sheree A. Toole (key) 7 8 8 g) Armand J. Verratti, Jr. (key) 7 8 h) Cleo M. Whipple-Nady (key) 7 8 9 i) Robert F. Griffin (key qualifier) 8 9 j) Kevin J. Sullivan (key qualifier) 9 9 10 k) Derek Angle (key) 7 8 3 Consideration of the plenary 10 12 11 qualification of Eugene Davis as Member of the Board of Directors of Trump 12 Entertainment Resort, Inc. 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 E X H I B I T S : 2 3 NO. DESCRIPTION EVD 4 2 Grant 9 licenses X 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Exhibits retained by Commission.) 25 6 1 (Public Meeting 11-03-16 was commenced 2 at 10:37 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 November 1, 2010, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On November 3, 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. 7 ITEM NO. 1-2 1 (The flag salute was recited.) 2 CHAIR KASSEKERT: Good morning. 3 MR. NANCE: Good morning. 4 Closed session convened at 9:30 a.m. but 5 is currently in recess. 6 Item No. 1, ratification of the minutes 7 of February 9, 2011, public meeting. 8 VICE CHAIR HARRINGTON: So moved. 9 VICE CHAIR FANELLE: 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: The motion carries. 16 MR. NANCE: Item No. 2, applications for 17 casino key employee licenses and for 18 qualification. This agenda item will be 19 entered as Exhibit List 1. Exhibit -- I mean, 20 excuse me, Exhibit List 2 21 Exhibit List 2 consists of nine 22 applications for casino key employee licenses 23 for: John W. Gary, Paul M. Merrick, Leeza B. 24 Patel, William Rodriguez, Christopher Sannino, 25 Jr., Sheree A. Toole, Armand J. Verratti, Jr., 8 ITEM NO. 1-2 1 Cleo M. Whipple-Nady, and Derek Angle. 2 Staff and the Division has recommended 3 that these licenses be granted. 4 VICE CHAIR HARRINGTON: I move that we 5 grant these applications. 6 VICE CHAIR FANELLE: 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: For consideration is the 14 application of Robert F. Griffin for a casino 15 employee license and for qualification as Chief 16 Executive Officer and Director for Trump Marina 17 Associates, LLC, Trump Plaza Associates, LLC, 18 and Trump Taj Mahal Associates, LLC, and 19 General Manager for Trump Taj Mahal Associates, 20 LLC. 21 Staff and the Division have recommended 22 that this application be granted. 23 VICE CHAIR HARRINGTON: I will move that 24 we grant the initial key license and for 25 qualification. 9 ITEM NO. 1-2 1 VICE CHAIR FANELLE: Second. 2 CHAIR KASSEKERT: Motion has been made 3 and seconded. This is a roll call vote. 4 MR. NANCE: Commissioner Harrington? 5 COMMISSIONER HARRINGTON: Yes. 6 MR. NANCE: Vice Chair Fanelle? 7 VICE CHAIR FANELLE: Yes. 8 MR. NANCE: Chair Kassekert? 9 CHAIR KASSEKERT: Yes. 10 MR. NANCE: The record will reflect that 11 the motion is unanimous. 12 For consideration is the renewal 13 application of Kevin J. Sullivan for a casino 14 key employee license and for qualification as 15 Senior Vice President of Business Development 16 for Marina District Development Company, LLC. 17 Staff and the Division have recommended 18 that this application be granted. 19 VICE CHAIR FANELLE: I move that we 20 grant the application. 21 VICE CHAIR HARRINGTON: Second. 22 CHAIR KASSEKERT: Motion is made and 23 seconded. This is a roll call vote. 24 MR. NANCE: Commissioner Harrington? 25 COMMISSIONER HARRINGTON: Yes. 10 ITEM NO. 3 1 MR. NANCE: Vice Chair Fanelle? 2 VICE CHAIR FANELLE: Yes. 3 MR. NANCE: Chair Kassekert? 4 CHAIR KASSEKERT: Yes. 5 MR. NANCE: The record will reflect that 6 the motion is unanimous. 7 Item No. 3, consideration of the 8 preliminary qualification of Eugene Davis as 9 member of the Board of Directors of Trump 10 Entertainment Resorts, Inc. 11 Miss Frank? 12 MS. FRANK: Good morning, Chair and 13 Commissioners. 14 Eugene Davis was temporarily qualified 15 by the Commission in July of last year. 16 A draft resolution on his plenary 17 qualification has been circulated to the 18 parties. 19 We have Nick Casiello here for Trump 20 Entertainment Resorts and Jim Fogarty for the 21 Division. 22 CHAIR KASSEKERT: Good morning, Mr. 23 Casiello. 24 MR. CASIELLO: Good morning, Madame 25 Chair and Commissioners. 11 ITEM NO. 3 1 We have reviewed the draft resolution, 2 and it is acceptable to us in form and in 3 substance. 4 Thank you. 5 CHAIR KASSEKERT: Thank you. 6 Mr. Fogarty? 7 MR. FOGARTY: Yes. Good morning. 8 Mr. Davis is a member of the Board of 9 Directors of Trump Entertainment Resorts, Inc. 10 We have filed a letter with you all 11 recommending that you do qualify him in that 12 position. 13 I've seen Miss Frank's draft resolution 14 as to Mr. Davis and would have no objection to 15 its entry. 16 CHAIR KASSEKERT: Thank you. 17 Any questions? 18 VICE CHAIR HARRINGTON: No questions. 19 VICE CHAIR FANELLE: Madame Chair, I 20 move that we adopt the draft resolution and 21 find Eugene Davis qualified to serve as a 22 member on the Board of Directors of Trump 23 Entertainment Resorts, Incorporated. 24 VICE CHAIR HARRINGTON: Seconded. 25 CHAIR KASSEKERT: The motion is made and 12 ITEM NO. 3 1 seconded. This is a roll call vote. 2 MR. NANCE: Commissioner Harrington? 3 COMMISSIONER HARRINGTON: Yes. 4 MR. NANCE: Vice Chair Fanelle? 5 VICE CHAIR FANELLE: Yes. 6 MR. NANCE: Chair Kassekert? 7 CHAIR KASSEKERT: Yes. 8 MR. NANCE: The record will reflect that 9 the motion is unanimous. 10 MS. FRANK: Thank you. 11 MR. CASIELLO: Thank you. 12 MR. FOGARTY: Thank you. 13 CHAIR KASSEKERT: We will stand in 14 recess now until 2:00 this afternoon? 15 Everybody in agreement with that? 16 Okay. We'll recess until 2:00. 17 Thank you. 18 (A recess was taken from 10:41 a.m. to 19 2:16 p.m.) 20 CHAIR KASSEKERT: Thank you. We'll go 21 back on the record. 22 Mr. Nance? 23 MR. NANCE: Yes. The matters discussed 24 in closed session were: Employee license 25 matters. 13 1 The Commissioners approved the February 2 9, 2011, closed-session minutes. 3 Personnel matters were discussed as 4 follows: Approved the disciplinary action 5 involving a Commission employee; 6 And the approval of the 7 hiring/appointment of the following positions: 8 Budget Manager, Lisa Johnson; HR Administrative 9 Services Manager, Donna Synder; Manager of 10 Policy, Planning and Development, Barbara 11 Mattie; Manager of Licensing, Jack Plunkett; 12 Manager of Financial Evaluation; Anthony 13 DiFlorio; Public Information Officer, Daniel 14 Heneghan; Assistant General Counsel, Mary 15 Wozniak; and Senior Counsel, Teresa Nagengast. 16 In accordance with Resolution No. 17 10-12-15-19, the next closed session of the 18 Commission shall be held on Wednesday, April 19 6th, 2011, at 9:15 a.m. in the Commission 20 offices. 21 It is now time for the public 22 participation portion of the meeting. 23 CHAIR KASSEKERT: Is there anyone from 24 the public that wishes to be heard? 25 (No response.) 14 1 CHAIR KASSEKERT: Seeing no one, I'll 2 declare this portion of the meeting closed and 3 entertain a motion to adjourn. 4 COMMISSIONER HARRINGTON: So moved. 5 VICE CHAIR FANELLE: Second. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: The motion carries. 12 Thank you. 13 (Public Meeting 11-03-16 was adjourned 14 at 2:18 p.m.) 15 16 17 18 19 20 21 22 23 24 25 15 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: March 20, 2011 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25