PENNSYLVANIA GAMING CONTROL BOARD Meeting of the Board August 28, 2008
A meeting of the Pennsylvania Gaming Control Board was held on August 28, 2008 in the
North Office Building, Hearing Room 1, Harrisburg, PA. The meeting began at 1:00 p.m.
Members in attendance were: Individuals who appeared officially before the Board:
Frank Donaghue – agency update Eileen McNulty – agency financial report Melinda Tucker – racetrack gaming Richard Sandusky – regulations Doug Sherman – employee withdrawals Steve Cook – report and recommendations Sean Hannon – licensing matters Cyrus Pitre – Enforcement Counsel
A quorum of the Board being present, Chairman Colins called the meeting to order.
ANNOUNCEMENTS
Chairman Colins announced that the Board held executive sessions on August 27th and prior to the meeting in accordance with the Sunshine Act, to discuss personnel issues, privileged agency business, and to consult with counsel and other professional advisors to the Board concerning current litigation or matters in which complaints are expected to be filed. TRANSCRIPTS/MINUTES On a motion by Board Member Angeli, seconded by Board Member Coy, the minutes and transcripts of the June 11 and July 10, 2008 meetings were unanimously approved. Minutes of the August 28, 2008 Meeting
EXECUTIVE DIRECTOR
Mr. Frank Donaghue, Acting Executive Director, provided an update on the Pittsburgh casino project following the August 14th approval of transfer of the Category 2 Slot Machine License to Holdings Acquisition Company, L.P. Mr. Donaghue stated that the Adjudication, which clearly defines the Board’s August 14th decision, would be issued as early as August 29, 2008. He further stated that a Press Release would be issued as well as the documents being available via the agency’s web-site. BUREAU OF FINANCIAL MANAGEMENT AND ADMINISTRATION Mrs. Eileen McNulty, Chief Financial Officer, provided a report on the agency’s revenue and expenditures. RACETRACK GAMING Ms. Melinda Tucker, Director of Racetrack Gaming, introduced speakers from the Horsemen’s Organizations who provided a Second Quarter Report on the Status of Backstretch Improvements for Category 1 Thoroughbred Facilities. The Speakers were:
Thomas C. Bonner, Vice President & General Counsel, Greenwood Gaming & Entertainment,
Joe Wilson, Vice President Racetrack Operations, Bensalem Racing Association, Inc. Michael Ballezzi, Esquire, Executive Director, PA Thoroughbred Horsemen’s Association Richard Knight, President, CEO, Presque Isle Downs J. Gary Ludertiz, Vice President & General Manager, Hollywood Casino at Penn National Chris McErlean, Corporate Vice President of Racing, Penn National Gaming Rob Marella, Director of Racing, Penn National Race Course Todd Mostoller, Executive Director, Horsemen’s Benevolent & Protective Association Joe Santanna, President, Horsemen’s Benevolent & Protective Association
PGCB MOTION NO. 2008-171 RG – Horseman’s Benevolent & Protective Association Health Benefit Plan Motion Made:
Resolved, the Board hereby tables the Horseman’s Benevolent & Protective Association Health Benefit Plan. Board Decision:
Minutes of the August 28, 2008 Meeting
OFFICE OF CHIEF COUNSEL PGCB MOTION NO. 2008-172 REG – Final-form Regulation No. 125-84 Motion Made:
Resolved, the Board hereby adopts the Final-form Regulation No. 125-84 amending Chapters 405a, 421a, and 433a; and directs that the amendments be posted to the Board’s website and published by the Pennsylvania Bulletin. Board Decision:
PGCB MOTION NO. 2008-173 REG – Proposed Regulation of 125-93 Motion Made:
Resolved, the Board hereby adopts the Proposed Regulation No. 125-93 amending Chapters 403a, 491a, 494a, 495a, 497a, 4994 and 511a; and that the Board establishes a public comment period of 30 days; and directs that the proposed regulation is posted on the Board’s website. Board Decision:
PGCB MOTION NO. 2008-174 OCC – Washington Trotting Association, Inc. Petition Motion Made:
Resolved, the Board hereby approves the Washington Trotting Association, Inc. Petition for Waiver for Fixed Seating. Board Decision:
PGCB MOTION NO. 2008-175 OCC – Pro Hac Vice Petition Motion Made:
Resolved, the Board hereby approves the Order for Admission of Pro Hac Vice of David A. Jividen. Board Decision:
PGCB MOTION NO. 2008-176 OCC – HSP Gaming, L.P. Petition Motion Made: Minutes of the August 28, 2008 Meeting Resolved, the Board hereby approves the HSP Gaming, L.P. Petition for the Proposed Changes to Organizational Structure and imposes a $5,000 civil penalty for failing to comply with the Board’s regulation. Board Decision:
PGCB MOTION NO. 2008-177 OCC – Principal and Key Employee Withdrawals Motion Made:
Resolved, the Board hereby approves the Order regarding the withdrawal of Principal and Key employees as follows:
Grant Ashley Licensing No. 2462; PGCB Doc No. 42121 Garlon Banks
Robert Bradley Licensing No. 24270; PGCB Doc No. 41927 Stephen Brammell
Louis N. DelRosso Licensing No. 19432; PGCB Doc No. 41920 David Dominick Licensing No. 18149; PGCB Doc No. 42033 Shari Dudley
Ryan Sidun Licensing No. 21022; PGCB Doc No. 42002 Jay Tarbell Licensing No. 3656; PGCB Doc No. 42007 Daniel Vogelsong Licensing No. 23402; PGCB Doc No. 41929 Lawrence Wheeler
PGCB MOTION NO. 2008-178 OCC – Revocation of Gaming Employee Permit for Gardner Carter Motion Made:
Resolved, the Board hereby approves an Order to adopt the Report and Recommendation of the Office of Hearings and Appeals to dissolve the Emergency Suspension Order for Gaming Employee Gardner Carter, OHA Docket No. 42065, and that his permit be immediately revoked. Board Decision:
Minutes of the August 28, 2008 Meeting
PGCB MOTION NO. 2008-179 OCC – Gaming Employee Permit for Lora Mayer Motion Made:
Resolved, the Board hereby approves an Order to adopt the Report and Recommendation of the Office of Hearings and Appeals to grant the Gaming Employee Permit for Lora Mayer, OHA Docket No. 41961. Board Decision:
PGCB MOTION NO. 2008-180 OCC – Gaming Employee Permit for Jonathan Nicolais Motion Made:
Resolved, the Board hereby dismisses the Office of Hearings and Appeals Recommendation to grant a Gaming Employee Permit renewal application to Jonathan Nicolais, OHA Docket No. 41984, as the matter is considered technically moot as he has been issued a Temporary Key Employee Credential. Board Decision:
PGCB MOTION NO. 2008-181 OCC – Gaming Employee Permit for Christopher Saab Motion Made:
Resolved, the Board hereby issues an Order, after review of the Report and Recommendation of the Office of Hearings and Appeals, to grant a Gaming Employee Permit for Christopher Saab, OHA Docket No. 42004 is denied. Board Decision:
PGCB MOTION NO. 2008-182 OCC – Non-Gaming Employee Registration for Holly Huber Motion Made:
Resolved, the Board hereby issues an Order to adopt the Report and Recommendation of the Office of Hearings and Appeals to deny the Non-Gaming Employee Registration for Holly Huber, OHA Docket No. 41942. Board Decision:
PGCB MOTION NO. 2008-183 OCC – Non-Gaming Employee Registration for Nicholas Meenan Motion Made: Minutes of the August 28, 2008 Meeting Resolved, the Board hereby issues an Order rejecting the Report and Recommendation of the Office of Hearings and Appeals to grant the Non-Gaming Employee Registration for Nicholas Meenan, OHA Docket No. 42015. The Board further ordered that the matter be remanded back to the Office of Hearings and Appeals for further hearings on the character of the applicant relative to his eligibility and suitability to receive a Non-Gaming Employee Registration. Board Decision:
PGCB MOTION NO. 2008-184 OCC – Temporary Emergency Suspension for Allen Gartei Motion Made:
Resolved, the Board hereby issues an Order that the Temporary Emergency Suspension of Allen Gartei, OHA Docket No. 42077 remain in effect until otherwise ordered by the Board. It is further ordered that the matter be referred to the Office of Hearings and Appeals to conduct a hearing to determine the validity of the Temporary Emergency Order and to issue a Report and Recommendation regarding same. Board Decision:
PGCB MOTION NO. 2008-185 OCC – Delegation of Authority Motion Made:
Resolved, the Board hereby issues an Order delegating authority to the Executive Director, in consultation with the Office of Chief Counsel, Gaming Operations, Casino Compliance, Gaming Laboratory Operations and Compulsive and Problem Gambling to approve a reconfiguration or relocation of slot machines on a gaming floor plan. Board Decision:
BUREAU OF LICENSING
PGCB MOTION NO. 2008-186 LIC – Renewal of Manufacturer License Motion Made:
Resolved, the Board hereby approves an Order to renew the Manufacturer License of Ainsworth Game Technology Limited. Board Decision:
Minutes of the August 28, 2008 Meeting
PGCB MOTION NO. 2008-187 LIC – Renewal of Manufacturer License Motion Made:
Resolved, the Board hereby approves an Order to renew the Manufacturer License of Aruze Corporation. Board Decision:
PGCB MOTION NO. 2008-188 LIC – Principal and Key Employee Licenses Motion Made:
Resolved, the Board hereby approves the Order issuing the Principal and Key Employee licenses as follows:
Chester Downs and Marina, LLC Principal Christopher Issac Chang, Vice President of Innovation and IT Strategy Downs Racing, LP Key Employees Lori A. Dokas, Slot Attendant Supervisor Shawn Harris, Slot Supervisor Tammy Lynne Edwards, Security Supervisor Joshua Church, Slot Supervisor Leonard Nardozzo, Security Shift Supervisor Jeffrey Wainwright, Slot Supervisor Aubrey Daniels, Slot Supervisor Cherre Roberto, Lead Surveillance Agent Gavin Southworth, Lead Surveillance Agent Fredick Brown, IV, Director of Information Technology Operations Charles Patrick Jorda, Surveillance Supervisor Anthony Connell McGowan, Director of Finance Amy Schneider, Cage Shift Supervisor David Zarn, Surveillance Technical Manager Dennis Driscoll, Security Manager Bernardine Radici, Cage Shift Supervisor Rita Polney, Cash Cage Manager Washington Trotting Association, Inc. Key Employees John Allen, Surveillance Shift Manager Trudy L. Malkey, Director of Accounting Minutes of the August 28, 2008 Meeting Mount Airy #1, LLC Key Employees Timothy J. Yahn, Director of Slot Operations Thomas M. Brennan, Director of Food & Beverage Jacqueline M. Bloh, Executive Director of Marketing Ann M. Levandowski, Security Shift Manager Donald J. Buzney, Executive Director of Administration
Freda Darlene Lavender, Slot Shift Manager Anthony Ceddia, Appointed Trustee Richard W. Whitby, Slot Operations Manager Becky Tavares, Slot Shift Manager Scott Lyons, Surveillance Shift Manager Christine Pirone, Cage Shift Manager Joel Daum, Chief Financial Officer Livingston Simpson, Director of Surveillance Mary Rakus, Director of Hotel Operations Michael Ray, Chief Information Officer Vincent Viola, Director of Purchasing Paula Wisnewski, Count Room Manager Brian Vetter, Slot Shift Supervisor Charles Miller, Cage Supervisor Philadelphia Entertainment and Development Partners, LP Principals Randee D. Bach, Director of Design & Construction, Foxwoods Development Company, LLC Nicholas F. Moles, Vice President and General Counsel, Philadelphia Entertainment and Development Partners, LP Leonard B. Shore, Managing Member, Washington Philadelphia Investors, LP Sands Bethworks Gaming, LLC Key Employee Douglas Niethold, Vice President of Finance Principal Charles Forman, Outside Director for Las Vegas Sands Corp. IGT Key Employee George Kerrigan, Account Executive
PGCB MOTION NO. 2008-189 LIC – Temporary Key Employee Licenses Motion Made:
Resolved, the Board hereby approves the issuance of 88 Temporary Key Employee Licenses.
Minutes of the August 28, 2008 Meeting PGCB MOTION NO. 2008-190 LIC – Issuance of Permits and Registrations Motion Made:
Resolved, the Board hereby approves the Order issuing 517 Gaming Employee Permits and 466 Non-Gaming Employee Registrations. Board Decision:
PGCB MOTION NO. 2008-191 LIC – Denial of Gaming and Non-Gaming Employee Licenses Motion Made:
Resolved, the Board hereby approves an Order denying the Gaming and Non-Gaming Employee Permits and Registrations as listed below:
BOL Dbase SLOTSLink Applicant
Minutes of the August 28, 2008 Meeting
PGCB MOTION NO. 2008-192 LIC – Applications for Vendor Certification Motion Made:
Resolved, the Board hereby approves an Order approving the applications for vendor certification as follows:
Anderson Interiors, Inc. Hershocks, Inc. J.R. Metzger, Inc. Orlando Diefenderfer Electrical Contractors Stephen M. Timchack The Chicago Consultants Studio, Inc.
PGCB MOTION NO. 2008-193 LIC – Applications for Vendor Registration Motion Made:
Resolved, the Board hereby approves the Order approving the applications for vendor registration as follows:
3-R Electric, Inc. All State Traffic Control of PA, Inc. American Janitor and Paper Supply, Inc. Applied Communications Technology, DBA: In-building wireless Arizona Commerical Printing, Inc. Avalotis Corporation Avero, LLC Baker's Perfection, Inc. BCI Communications, Inc. Bergie, Inc., DBA: Royal Office Products Bruce and Merrilees Electric Company C.S. Office Interiors Centerline Models Ceridian Company Clean & Polish - Delaware Valley, LLC, DBA: Clean & Polish, Inc. Coleman Technologies, Inc. Communication Graphics, Inc. Control Point Technologies, LLC Cooper Retail Consulting Group, LLC Cronmiller - McCormick Company D.W. Haber & Son, Inc. Data Supplies, Inc., DBA: DSI Digitek, Inc. DMX, Inc.
Minutes of the August 28, 2008 Meeting
Erie Carbonic Company Graybar Electric Company, Inc. KSL Holdings, Inc.; DBA: Harley-Davidson of Erie Metro Beverage of Philadelphia, Inc. Modular Space Corporation Patricia Dell Poe Paul Rabinowitz Glass Company, Inc. Peter M. Morelli Fencing, DBA: Morelli Fence Quinn Gellar, LLC, DBA: Q & G Marketing Island Design Reinhart Foodservice, LLC Rock Street Music Royal Petroleum Corporation Signs Now 335 Stanley Access Technologies, LLC Stevenson & Associates Strother/Novick Brothers Distribution Joint Ventures Valley Case Management and Consulting Services, LLC, DBA: VCM Visual Sound, Inc. Walter Walker, DBA: WEB Ad – Specialty WWT, DBA: VOIP Networks, DBA: Worldwide Telecom
OFFICE OF ENFORCEMENT COUNSEL PGCB MOTION NO 2008-194 OEC – Harrah’s Chester Downs and Marina, LLC Consent Agreement Motion Made:
Resolved, the Board hereby approves the Consent Agreement between the Bureau of Investigations and Enforcement and Harrah’s Chester Downs and Marina, LLC, (Chester Downs) regarding underage gaming. In accordance with the terms of the Consent Agreement, Chester Downs shall pay a civil fine in the amount of twenty thousand dollars ($20,000) and a donation to the Problem Gaming Education and Outreach Fund in the amount of five thousand dollars ($5,000). Board Decision:
PGCB MOTION NO 2008-195 OEC – Harrah’s Chester Downs and Marina, LLC Consent Agreement Motion Made:
Resolved, the Board hereby approves the Consent Agreement between the Bureau of Investigations and Enforcement and Harrah’s Chester Downs and Marina, LLC (Chester Downs), regarding violation
Minutes of the August 28, 2008 Meeting of internal controls. In accordance with the terms of the Consent Agreement, Chester Downs shall pay a fine of ten thousand dollars ($10,000). Board Decision:
PGCB MOTION NO. 2008-196 OEC – Suspension of Gaming Employee Permit for Brittani Christian Motion Made:
Resolved, the Board hereby approves an Order to suspend the Non-Gaming Employee Permit for Brittani Christian, OHA Docket No. 41343, pending the outcome of her criminal charges. Board Decision:
PGCB MOTION NO. 2008-197 OEC – Revocation of Non-Gaming Employee Registration for Milagros Arroya-Tirado Motion Made:
Resolved, the Board hereby approves an Order to revoke the Non-Gaming Employee Registration of Milagros Arroya-Tirado, OHA Docket No. 420043, and is prohibited from applying for any form of license, permit, or registration for a period of five (5) years. Board Decision:
PGCB MOTION NO. 2008-198 OEC – Revocation of Non-Gaming Employee Registration for Bianca Snedden Motion Made:
Resolved, the Board hereby approves an Order to revoke the Non-Gaming Employee Registration of Bianca Snedden, OHA Docket No. 41913, and is prohibited from applying for any form of license, permit, or registration for a period of five (5) years. Board Decision:
PGCB MOTION NO. 2008-199 OEC – Suspension of Gaming Employee Permit for Tonya Ogbin Motion Made: Minutes of the August 28, 2008 Meeting Resolved, the Board hereby approves an Order to suspend the Gaming Employee Permit for Tonya Ogbin, OHA Docket No. 41915, until such time as she fully remedies her delinquent tax obligations to the Pennsylvania Department of Revenue. Board Decision:
PGCB MOTION NO. 2008-200 OEC – Revocation of Non-Gaming Employee Registration for Kerrie Serge Motion Made:
Resolved, the Board hereby approves an Order to revoke the Non-Gaming Employee Registration for Kerrie Serge, OHA Docket No. 41777, and is prohibited from applying for any form of license, permit, or registration for a period of five (5) years. Board Decision:
PGCB MOTION NO. 2008-201 OEC – Suspension of Gaming Employee Permit for Michael Drew Motion Made:
Resolved, the Board hereby approves an Order to suspend the Gaming Employee Permit for Michael Drew, OHA Docket No. 40991, for a period of one (1) year. Board Decision:
PGCB MOTION NO. 2008-202 OEC – Revocation of Non-Gaming Employee Registration for Steven Morelli Motion Made:
Resolved, the Board hereby approves an Order to revoke the Non-Gaming Employee Registration for Steven Morelli, OHA Docket No. 41342, and is prohibited from applying for any form of license, permit, or registration for a period of five (5) years. Board Decision:
PGCB MOTION NO. 2008-203 OEC – Revocation of Non-Gaming Employee Registration for Michael Serge Motion Made: Minutes of the August 28, 2008 Meeting Resolved, the Board hereby approves an Order to revoke the Non-Gaming Employee Registration for Michael T. Serge, OHA Docket No. 41778, and is prohibited from applying for any form of license, permit, or registration for a period of five (5) years. Board Decision:
ADJOURNMENT
There being no further business before the Board, Chairman Colins motioned to adjourn,
Board Members Present: Councillor T Perry (Deputy Chair in the Chair), Councillor R Douglas, Councillor E Keller and Councillor E O Obasohan Apologies: Councillor L R Waker, Councillor D Hunt, Councillor E Kangethe, Councillor J E McDermott, Councillor M McKenzie MBE and Councillor D S Miles 59. Essex Food and Wine (Limited): 816 Dagenham Road, Dagenham, RM10 7UB The Council’s Licensing Offic
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PENNSYLVANIA GAMING CONTROL BOARD