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4 BEFORE THE MISSOURI GAMING COMMISSION
STATE OF MISSOURI
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Meeting
9 April 22, 2009
10:00 a.m.
10 Central Office
3417 Knipp Drive
11 Jefferson City, Missouri
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1 AGENDA
2 page
3 I. Call to Order 4:2
4 II. Minutes
A. March 25, 2009 4:13
5
III. Consideration of Settlement Agreements
6 B. Pinnacle Entertainment, Inc.
1. Resolution No. 09-022 5:17
7 C. Pinnacle Entertainment, Inc.
1. Resolution No. 09-023 7:6
8
IV. Ratification of License
9 D. Lady Luck Casino - Caruthersville
1. Resolution No. 09-024 8:19
10
V. Consideration of Relicensure of Certain
11 Supplier
E. IGT
12 1. Resolution No. 09-025 9:25
13 VI. Consideration of Licensure of Certain
Supplier
14 F. NRT Technology Corporation
1. Resolution No. 09-026 11:17
15
VII. Consideration of Licensure of
16 Certain Level I/Key Applicants
G. Resolution No. 09-027 14:10
17 H. Resolution No. 09-028 16:5
18 VIII. Consideration of Change of Control
I. Atronic Americas, LLC
19 1. Resolution No. 09-029 17:15
J. Spielo Manufacturing, ULC
20 1. Resolution No. 09-030 19:11
21 IX. Presentation by Pinnacle Entertainment,
Inc. on River City Casino Project 21:16
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X. New Business 26:2
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XI. Old Business 29:15
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XII. Motion to Close Meeting under
25 Sections 313.847 and 610.021 (1) and (4) 29:18
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1
2 BEFORE THE MISSOURI GAMING COMMISSION
STATE OF MISSOURI
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Meeting
7 April 22, 2009
10:00 a.m.
8 Central Office
3417 Knipp Drive
9 Jefferson City, Missouri
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11 COMMISSIONERS PRESENT:
12 Noel J. Shull, Chairman
Darryl T. Jones
13 Samuel J. Hais
Larry W. Plunkett, Sr.
14 Suzanne Bradley
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REPORTED BY:
21 Patricia A. Stewart
RMR, RPR, CCR 401
22 3432 West Truman Boulevard, Suite 207
Jefferson City, Missouri 65109
23 573-636-7551
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1 P R O C E E D I N G S
2 CHAIRMAN SHULL: Call the roll, please.
3 MS. FRANKS: Chairman Shull.
4 CHAIRMAN SHULL: Present.
5 MS. FRANKS: Commissioner Jones.
6 COMMISSIONER JONES: Present.
7 MS. FRANKS: Commissioner Hais.
8 COMMISSIONER HAIS: Present.
9 MS. FRANKS: Commissioner Plunkett.
10 COMMISSIONER PLUNKETT: Present.
11 MS. FRANKS: Commissioner Bradley.
12 COMMISSIONER BRADLEY: Present.
13 CHAIRMAN SHULL: The first item is consider
14 the minutes of the March 25th, 2009 meeting.
15 COMMISSIONER JONES: Move to approve the
16 minutes of March 25th, 2009.
17 COMMISSIONER HAIS: Second.
18 CHAIRMAN SHULL: A motion is made and
19 seconded.
20 Is there any further discussion?
21 Hearing none, call the roll, please.
22 MS. FRANKS: Chairman Shull.
23 CHAIRMAN SHULL: Approve.
24 MS. FRANKS: Commissioner Jones.
25 COMMISSIONER JONES: Approve.
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1 MS. FRANKS: Commissioner Hais.
2 COMMISSIONER HAIS: Approve.
3 MS. FRANKS: Commissioner Plunkett.
4 COMMISSIONER PLUNKETT: Approve.
5 MS. FRANKS: Commissioner Bradley.
6 COMMISSIONER BRADLEY: Approve.
7 MS. FRANKS: By your vote you've adopted the
8 minutes of the March 25th, 2009 meeting.
9 CHAIRMAN SHULL: The next item is
10 consideration of settlement agreements, which would be
11 introduced by Mr. McNary.
12 MR. MCNARY: Mr. Chairman, General Counsel
13 Chris Hinckley will report on the settlement agreements.
14 MR. HINCKLEY: Good morning, Chairman,
15 Commissioners.
16 CHAIRMAN/COMMISSIONERS: Good morning.
17 MR. HINCKLEY: I direct your attention to
18 Tab B and Commission Resolution No. 09-022 regarding the
19 settlement agreement and waiver of hearings concerning
20 Licensee Pinnacle Entertainment and underlying
21 disciplinary matter No. 09-001.
22 In this matter the Commission issued a
23 $5,000 fine after hearing facts alleging that an EGD, or
24 electronic gaming device, was discovered on the licensee's
25 gaming floor with the incorrect pay glass.
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1 Upon the Commission issuing this fine, the
2 licensee immediately contacted the Commission and took
3 responsibility for their actions or inactions.
4 The licensee and Commission then engaged in
5 settlement negotiations regarding the matter and pending
6 Commission approval agreed to settle the matter for a
7 payment of $4,500, and the Staff recommends that the
8 Commission adopt this resolution.
9 CHAIRMAN SHULL: Are there any questions for
10 Mr. Hinckley?
11 Is there a motion?
12 COMMISSIONER HAIS: Move to adopt Commission
13 Resolution 09-022, Mr. Chairman.
14 COMMISSIONER BRADLEY: Second.
15 CHAIRMAN SHULL: All right. A motion is
16 made and seconded.
17 Is there further discussion?
18 Hearing none, call the roll, please.
19 MS. FRANKS: Chairman Shull.
20 CHAIRMAN SHULL: Approve.
21 MS. FRANKS: Commissioner Jones.
22 COMMISSIONER JONES: Approve.
23 MS. FRANKS: Commissioner Hais.
24 COMMISSIONER HAIS: Approve.
25 MS. FRANKS: Commissioner Plunkett.
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1 COMMISSIONER PLUNKETT: Approve.
2 MS. FRANKS: Commissioner Bradley.
3 COMMISSIONER BRADLEY: Approve.
4 MS. FRANKS: By your vote you've adopted
5 Resolution No. 09-022.
6 MR. HINCKLEY: I now direct your attention
7 to Tab C and Commission Resolution No. 09-023 regarding
8 the settlement agreement and waiver of hearings concerning
9 Licensee Pinnacle Entertainment and underlying
10 disciplinary matter No. 09-044.
11 In this matter the Commission issued a
12 $5,000 fine after hearing facts alleging that 56 decks of
13 playing cards were left unsecured on the gaming floor.
14 Upon the Commission issuing this fine, the
15 licensee immediately contacted the Commission and took
16 responsibility for their actions or inactions.
17 The licensee and the Commission then engaged
18 in settlement negotiations regarding this matter and
19 pending Commission approval agreed to settle the matter
20 for a payment of $4,500. The Staff recommends that the
21 Commission adopt this resolution.
22 CHAIRMAN SHULL: Are there any questions for
23 Mr. Hinckley?
24 Is there a motion?
25 COMMISSIONER PLUNKETT: A motion to approve
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1 Resolution 09-023.
2 COMMISSIONER JONES: Second.
3 CHAIRMAN SHULL: A motion is made and
4 seconded.
5 Is there further discussion?
6 Hearing none, call the roll.
7 MS. FRANKS: Chairman Shull.
8 CHAIRMAN SHULL: Approve.
9 MS. FRANKS: Commissioner Jones.
10 COMMISSIONER JONES: Approve.
11 MS. FRANKS: Commissioner Hais.
12 COMMISSIONER HAIS: Approve.
13 MS. FRANKS: Commissioner Plunkett.
14 COMMISSIONER PLUNKETT: Approve.
15 MS. FRANKS: Commissioner Bradley.
16 COMMISSIONER BRADLEY: Approve.
17 MS. FRANKS: By your vote you've adopted
18 Resolution No. 09-023.
19 MR. MCNARY: Item IV on the agenda,
20 the Chairman has the authority to extend the license for
21 60 days, and the Chairman has done so. Resolution 09-024
22 would ratify that extension.
23 CHAIRMAN SHULL: Are there any questions?
24 Is there a motion?
25 COMMISSIONER JONES: Move for the acceptance
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1 of Resolution No. 09-024.
2 COMMISSIONER BRADLEY: Second.
3 CHAIRMAN SHULL: A motion is made and
4 seconded.
5 Is there further discussion?
6 Hearing none, call the roll.
7 MS. FRANKS: Chairman Shull.
8 CHAIRMAN SHULL: Approve.
9 MS. FRANKS: Commissioner Jones.
10 COMMISSIONER JONES: Approve.
11 MS. FRANKS: Commissioner Hais.
12 COMMISSIONER HAIS: Approve.
13 MS. FRANKS: Commissioner Plunkett.
14 COMMISSIONER PLUNKETT: Approve.
15 MS. FRANKS: Commissioner Bradley.
16 COMMISSIONER BRADLEY: Approve.
17 MS. FRANKS: By your vote you've adopted
18 Resolution No. 09-024.
19 MR. MCNARY: Item V on the agenda concerns
20 relicensure of a certain supplier, IGT, and Lieutenant Rex
21 Scism will put on that.
22 LIEUTENANT SCISM: Good morning, Chairman,
23 Commissioners.
24 CHAIRMAN/COMMISSIONERS: Good morning.
25 LIEUTENANT SCISM: Missouri State Highway
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1 Patrol investigators conducted the relicensing
2 investigation of one supplier company currently licensed
3 in Missouri.
4 This investigation consisted of
5 jurisdictional inquiries, feedback from affected gaming
6 company clients, a review of disciplinary actions,
7 litigation and business credit profiles, as well as a
8 review of key persons associated with the company.
9 The results of this investigation were
10 provided to the MGC staff for their review and the
11 following supplier company is being presented for your
12 consideration. That would be International Game
13 Technology, IGT, out of Reno, Nevada.
14 MR. MCNARY: Mr. Chairman, Staff recommends
15 relicensure.
16 CHAIRMAN SHULL: Are there any questions?
17 Hearing none, is there a motion?
18 COMMISSIONER BRADLEY: Motion to approve
19 Commission Resolution No. 09-025.
20 COMMISSIONER HAIS: Second.
21 CHAIRMAN SHULL: A motion is made and
22 seconded.
23 Is there any further discussion?
24 Hearing none, call the roll.
25 MS. FRANKS: Chairman Shull.
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1 CHAIRMAN SHULL: Approve.
2 MS. FRANKS: Commissioner Jones.
3 COMMISSIONER JONES: Approve.
4 MS. FRANKS: Commissioner Hais.
5 COMMISSIONER HAIS: Approve.
6 MS. FRANKS: Commissioner Plunkett.
7 COMMISSIONER PLUNKETT: Approve.
8 MS. FRANKS: Commissioner Bradley.
9 COMMISSIONER BRADLEY: Approve.
10 MS. FRANKS: By your vote you've adopted
11 Resolution No. 09-025.
12 MR. MCNARY: Item VI concerns licensure of a certain
13 supplier, and Corporal Chris Jolly will handle that.
14 CORPORAL JOLLY: Good morning, Mr. Chairman,
15 Commissioners.
16 CHAIRMAN/COMMISSIONERS: Good morning.
17 CORPORAL JOLLY: On January 21st, 2004 NRT
18 Technology Corporation applied for a Missouri gaming
19 supplier's license.
20 Missouri State Highway Patrol investigators,
21 along with Gaming Commission financial investigators,
22 conducted background investigations on NRT and all
23 associated key persons related to the company.
24 The investigation included comprehensive
25 criminal and financial checks of both NRT and all
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1 associated key persons. The investigation included, but
2 was not limited to, criminal, financial and general
3 character inquiries of all key persons, as well as a
4 comprehensive financial analysis of the company.
5 In October 2006 the original suitability
6 investigation into the company's background was completed
7 and a summary report was submitted to the Missouri Gaming
8 Commission staff.
9 Within a month following the submission of
10 the report, NRT proposed a transaction whereby the company
11 was to be acquired by a third-party entity. While
12 negotiations for the possible acquisition proceeded, NRT
13 continued to operate in Missouri under the authority of a
14 temporary supplier's license.
15 On January 29, 2008 NRT filed for the
16 renewal of their temporary supplier's license. At the
17 request of Missouri Gaming Commission staff an updated
18 background investigation was reinitiated for the purpose
19 of reevaluating the company's suitability for full
20 licensure.
21 On June 19, 2008 NRT sent notice to Missouri
22 Gaming Commission staff indicating that the aforementioned
23 acquisition agreement had been terminated.
24 Since that time investigators have submitted
25 two additional reports, the most recent being the
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1 inclusive final summary report completed in March 2009.
2 The specific details related to the investigative findings
3 are contained within the comprehensive summary reports in
4 your possession.
5 And if you have any questions, I'd be happy
6 to answer those.
7 CHAIRMAN SHULL: Any questions?
8 MR. MCNARY: Staff recommends licensure of
9 NRT Technology.
10 CHAIRMAN SHULL: Is there a motion?
11 COMMISSIONER HAIS: Mr. Chairman, I would
12 move the adoption of Commission Resolution 09-026.
13 COMMISSIONER JONES: Second.
14 CHAIRMAN SHULL: A motion is made and been
15 seconded.
16 Is there further discussion?
17 Call the roll, please.
18 MS. FRANKS: Chairman Shull.
19 CHAIRMAN SHULL: Approve.
20 MS. FRANKS: Commissioner Jones.
21 COMMISSIONER JONES: Approve.
22 MS. FRANKS: Commissioner Hais.
23 COMMISSIONER HAIS: Approve.
24 MS. FRANKS: Commissioner Plunkett.
25 COMMISSIONER PLUNKETT: Approve.
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1 MS. FRANKS: Commissioner Bradley.
2 COMMISSIONER BRADLEY: Approve.
3 MS. FRANKS: By your vote you've adopted
4 Resolution No. 09-026.
5 MR. MCNARY: Item VII concerns licensure of
6 certain Level I/key applicants. Lieutenant Scism will
7 handle that.
8 LIEUTENANT SCISM: Good morning again.
9 CHAIRMAN/COMMISSIONERS: Good morning.
10 LIEUTENANT SCISM: If you'll note there are
11 two separate resolutions. The first group will be the
12 cluster of applicants associated with NRT and then the
13 next group will be the remainder of the applicants.
14 So I'll read the NRT folks, I'll pause and
15 you-all can vote, and then I'll get into the next ones.
16 Missouri State Highway Patrol investigators,
17 along with Gaming Commission financial investigators,
18 conduct background investigations on multiple key person
19 and Level I applicants.
20 The investigations included, but were not
21 limited to, criminal, financial and general character
22 inquiries which were made in the jurisdictions where the
23 applicants lived, worked and frequented.
24 The following individuals are being
25 presented for your consideration. And this group is
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1 associated with NRT Technology. John A. Dominelli,
2 President and CEO; Raymond N. Deffner, Vice-President of
3 Compliance; Raffaele S. Lombardi, Chief Information
4 Officer; Robert G. Lindsay, Vice-President of Operations;
5 and James E. Grundy, Chief Financial Officer.
6 MR. MCNARY: Staff recommends licensure of
7 these key applicants.
8 CHAIRMAN SHULL: Are there any questions for
9 Lieutenant Scism?
10 Is there a motion?
11 COMMISSIONER PLUNKETT: Make a motion we
12 approve Commission Resolution No. 09-027.
13 COMMISSIONER JONES: Second.
14 CHAIRMAN SHULL: A motion is made and
15 seconded.
16 Is there further discussion?
17 Hearing none, call the roll, please.
18 MS. FRANKS: Chairman Shull.
19 CHAIRMAN SHULL: Approve.
20 MS. FRANKS: Commissioner Jones.
21 COMMISSIONER JONES: Approve.
22 MS. FRANKS: Commissioner Hais.
23 COMMISSIONER HAIS: Approve.
24 MS. FRANKS: Commissioner Plunkett.
25 COMMISSIONER PLUNKETT: Approve.
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1 MS. FRANKS: Commissioner Bradley.
2 COMMISSIONER BRADLEY: Approve.
3 MS. FRANKS: By your vote you've adopted
4 Resolution No. 09-027.
5 LIEUTENANT SCISM: The next group of
6 applicants under the following resolution include
7 Timothy P. Borman, Information Technology Manager with
8 Harrah's - Maryland Heights; Mary J. Britsch, Senior
9 Director - Internal Audit for Isle of Capri Casinos,
10 Incorporated; Virginia M. McDowell, President and Chief
11 Operating Officer of Isle of Capri Casinos, Incorporated;
12 and finally Richard D. Weber, Vice-President of Accounting
13 of Isle of Capri Casinos, Incorporated.
14 The results of those investigations were
15 also provided to the Commission staff for their review,
16 and you have the summary report before you.
17 MR. MCNARY: Staff recommends licensure.
18 CHAIRMAN SHULL: Are there any questions?
19 COMMISSIONER HAIS: Move the adoption of
20 Commission Resolution 09-028, Mr. Chairman.
21 COMMISSIONER BRADLEY: Second.
22 CHAIRMAN SHULL: A motion is made and
23 seconded.
24 Is there further discussion?
25 Hearing none, call the roll, please.
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1 MS. FRANKS: Chairman Shull.
2 CHAIRMAN SHULL: Approve.
3 MS. FRANKS: Commissioner Jones.
4 COMMISSIONER JONES: Approve.
5 MS. FRANKS: Commissioner Hais.
6 COMMISSIONER HAIS: Approve.
7 MS. FRANKS: Commissioner Plunkett.
8 COMMISSIONER PLUNKETT: Approve.
9 MS. FRANKS: Commissioner Bradley.
10 COMMISSIONER BRADLEY: Approve.
11 MS. FRANKS: By your vote you've adopted
12 Resolution No. 09-028.
13 MR. MCNARY: Item VIII, General Counsel
14 Chris Hinckley will address a change of control.
15 MR. HINCKLEY: I'm sorry. Just one second.
16 I direct your attention to Tab I, Commission
17 Resolution No. 09-029. This has to do with the change of
18 control of Atronic Americas, LLC.
19 Atronic Americas has been granted a
20 supplier's license to supply gambling equipment which
21 supplies the Class A and B licensees within the State of
22 Missouri.
23 And Atronic is a wholly owned subsidiary of
24 its parent company, GTECH Corporation, which is the holder
25 of a key person business entity license, and GTECH is a
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1 wholly owned subsidiary of its parent company,
2 Lottomatica.
3 GTECH has entered into an agreement with
4 Lottomatica in which Atronic is to be acquired by and
5 become a wholly owned subsidiary of Lottomatica in a share
6 purchase agreement, and a consummation of which will
7 effect a change of control of Atronic pursuant to our
8 Gambling Act and Regulations.
9 Atronic, through GTECH, has petitioned the
10 Missouri Gaming Commission for the approval of the
11 acquisition of Atronic by Lottomatica.
12 CHAIRMAN SHULL: Do you have any questions
13 for Mr. Hinckley?
14 MR. MCNARY: Staff recommends approval.
15 CHAIRMAN SHULL: Is there a motion to
16 approve?
17 COMMISSIONER JONES: Move to approve
18 Resolution No. 09-029.
19 COMMISSIONER BRADLEY: Second.
20 CHAIRMAN SHULL: A motion is made and
21 seconded.
22 Is there further discussion?
23 Hearing none, call the roll, please.
24 MS. FRANKS: Chairman Shull.
25 CHAIRMAN SHULL: Approve.
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1 MS. FRANKS: Commissioner Jones.
2 COMMISSIONER JONES: Approve.
3 MS. FRANKS: Commissioner Hais.
4 COMMISSIONER HAIS: Approve.
5 MS. FRANKS: Commissioner Plunkett.
6 COMMISSIONER PLUNKETT: Approve.
7 MS. FRANKS: Commissioner Bradley.
8 COMMISSIONER BRADLEY: Approve.
9 MS. FRANKS: By your vote you've adopted
10 Resolution No. 09-029.
11 MR. HINCKLEY: I now direct your attention
12 to Tab J and Commission Resolution 09-030 regarding change
13 and control of Spielo Manufacturing, ULC.
14 Spielo Manufacturing has been granted a
15 supplier's license to supply gambling equipment or
16 supplies to Class A and B licensees within Missouri.
17 Spielo is a wholly owned subsidiary of its
18 parent company, GTECH, the holder of a Commission issued
19 key person business entity license, and GTECH is a wholly
20 owned subsidiary of its parent company, Lottomatica, which
21 is also a holder of a Commission issued key person
22 business entity license.
23 GTECH has entered into an agreement with
24 Lottomatica in which Spielo is to be acquired by and
25 become a wholly owned subsidiary of Lottomatica in a share
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1 purchase transaction, the consummation of which will
2 effect the change and control of Spielo pursuant to our
3 Gambling Act and Regulations.
4 And Spielo, through GTECH, has petitioned
5 the Gaming Commission for approval of the acquisition of
6 Spielo by Lottomatica.
7 CHAIRMAN SHULL: Are there any questions for
8 Mr. Hinckley?
9 MR. HINCKLEY: This was rather a simpler --
10 they were all licensed entities, and it was just a switch
11 in the makeup from these two companies, being their
12 ownership had switched to another licensed entity.
13 So there was some change of control;
14 however, it was from a licensed entity to another licensed
15 entity.
16 MR. MCNARY: Staff recommends approval.
17 CHAIRMAN SHULL: Are there any further
18 questions or is there a motion?
19 COMMISSIONER BRADLEY: A motion to approve
20 Commission Resolution No. 09-030.
21 COMMISSIONER HAIS: Second.
22 CHAIRMAN SHULL: A motion is made and
23 seconded.
24 Is there further discussion?
25 Hearing none, call the roll.
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1 MS. FRANKS: Chairman Shull.
2 CHAIRMAN SHULL: Approve.
3 MS. FRANKS: Commissioner Jones.
4 COMMISSIONER JONES: Approve.
5 MS. FRANKS: Commissioner Hais.
6 COMMISSIONER HAIS: Approve.
7 MS. FRANKS: Commissioner Plunkett.
8 COMMISSIONER PLUNKETT: Approve.
9 MS. FRANKS: Commissioner Bradley.
10 COMMISSIONER BRADLEY: Approve.
11 MS. FRANKS: By your vote you've adopted
12 Resolution No. 09-030.
13 MR. MCNARY: Item IX on the agenda is a
14 presentation, a brief one, I would suppose, on the River
15 City Casino Project by the admirable Jerry Riffel.
16 MR. RIFFEL: Mr. Chairman, respectfully
17 stated, my reputation precedes me.
18 All of you have a written report on the
19 update on the River City Casino project. At the top
20 you'll see Pinnacle Entertainment and then it says River
21 City Casino.
22 I'll talk about two different projects. The
23 first is road access, which is a large project, the
24 $21 million project. As you know, it connects the
25 facilities to Interstate 55.
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1 Beginning with Interstate 55, Phase I goes
2 from Interstate 55 to Lemay Ferry Road. Then there is a
3 second phase which goes from Lemay Ferry Road to Broadway.
4 And then, finally, from Broadway into the site. So in its
5 entirety I believe it's a little over a mile.
6 The Phase I, if you'll look at page 1 of the
7 report, the Gravois Creek bridge is shown. The only
8 change over last time, we still are going to reopen that
9 road, meaning it's going to be completed in late May.
10 We did have some flooding problems. The
11 Mississippi was very high. When that happens, water backs
12 up the Des Peres, which is a drainage channel, and because
13 of that, that slowed us down.
14 So the asphalting was delayed from
15 April 15th to April 27th. So it's just starting. But
16 based on conversations with Bob Herr, who is in charge of
17 that, yesterday, we still think that's going to be on time
18 and it will be open to the public in May.
19 In Phase II you see the -- on page 2 of your
20 report, you'll see the quite large Kayser bridge, which is
21 on schedule, and Phase II is the same situation.
22 The asphalting will begin on the 27th
23 instead of on the 15th, and it will still be completed in
24 late May, and then you see the quite complex intersection
25 at Lemay Ferry, which in the city is Alabama and in the
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1 county is Lemay Ferry, and that intersection is virtually
2 complete, which is a major deal and a major expense on the
3 project.
4 Then, finally, if you go to page 3, you'll
5 see the Broadway intersection, which if you're familiar
6 with the old NEMA mapping site, that's just to the left
7 down, where that is. That's been cleared and the
8 environmental remediation is completed and the roadway is
9 going through that site at this point.
10 And you'll see at the bottom the Union
11 Pacific railroad bridge, which is getting very near
12 completion.
13 And you'll remember that what we're going to
14 begin doing in May is using this last phase from Broadway
15 into the site for construction traffic. That will begin
16 in May.
17 And we're intentionally not going to
18 complete that road for public safety reasons. It will be
19 construction only until the -- until the project is pretty
20 close to complete.
21 Then finally on pages 4 and then the
22 pictures following you'll see the site itself.
23 Last time we were 90 percent complete.
24 This time on wall panels and the roof we are 95 percent
25 complete. The interior wall framing is underway on the
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1 south, north and back of the house areas, and the roof top
2 HVAC air handling is set with start up on air
3 conditioning, ready to go.
4 Then also, very importantly, yesterday we
5 began filling the basin with water. So that took place
6 all day yesterday, and then they'll keep filling the basin
7 with water today, and then they'll complete it tomorrow,
8 the 23rd. The launch, or lift, of the floor, will occur
9 sometime today or sometime tomorrow.
10 So we're on schedule. We still should be
11 virtually completed with the construction and ready to go,
12 subject to licensing, in January of 2010 and open in the
13 first quarter of 2010.
14 So everything is going very well. We're
15 meeting quite often with Commission staff. The teams are
16 working together. They're starting to go into the process
17 of licensing and the different steps we'll go through,
18 which hopefully will be completed in the first quarter of
19 ten.
20 And I understand from your staff that
21 hopefully you're planning on seeing the River City site in
22 person the day before your May meeting.
23 So that's my report, and I'd answer any
24 questions you might have.
25 CHAIRMAN SHULL: Thank you.
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1 Are there any questions?
2 It looks like a terrific report.
3 MR. RIFFEL: Thank you.
4 MR. MCNARY: One point, Mr. Riffel. It's
5 not Gravois. It's Gravois --
6 MR. RIFFEL: It is?
7 MR. MCNARY: -- Gravois Creek, for you
8 Kansas City folks.
9 MR. RIFFEL: Mr. Chairman, because of your
10 history I will defer to you on that pronunciation and I
11 stand corrected. I'm sorry. Mr. Herr, I might add, says
12 Gravois.
13 MR. MCNARY: He's wrong too.
14 MR. RIFFEL: He's wrong.
15 Thank you very much.
16 MR. MCNARY: Let me make, Mr. Chairman, one
17 point, and Jerry alluded to this.
18 We are taking a look at River City on
19 Tuesday before the next meeting. I don't think there is a
20 reason for Mr. Riffel to have to report at the Wednesday
21 meeting, unless you feel there is.
22 CHAIRMAN SHULL: Approved.
23 So the next report will be in June?
24 MR. MCNARY: Yes.
25 CHAIRMAN SHULL: Thank you very much.
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1 MR. RIFFEL: Thank you very much.
2 MR. MCNARY: Mr. Chairman, this is under the
3 heading of new business, and it's somewhat nostalgic for
4 me to make this recognition.
5 Sam Hais, his term has expired, and he's
6 here for his last meeting, and we want to present this
7 plaque to him.
8 It's nostalgic for me because on or about
9 1970 I hired Sam as an assistant prosecuting attorney. I
10 taught him the rules of evidence and I taught him how to
11 make a final argument and I taught him justice with a
12 heart. He learned all those things and then went on to be
13 a distinguished judge for many years and had a
14 distinguished career on the bench.
15 With that background he's then been
16 appointed and served for three years with the Missouri
17 Gaming Commission, and I think you all join me in knowing
18 what he contributed. Because of his legal and judicial
19 background he's been a valuable resource for this
20 Commission.
21 We hate to lose him. He's been an effective
22 regulator and has stuck to the rules that we are bound by.
23 We'll miss him. He has said that he's not going to be
24 gone. His spirit will always be here. And I think that
25 he will.
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1 He has left a legacy that has helped shape
2 our deliberations and the tone of this Commission. And so
3 I want to congratulate him on a job well done and good
4 luck to you in the future.
5 COMMISSIONER HAIS: Thank you very much.
6 MR. MCNARY: Thank you.
7 COMMISSIONER HAIS: Thank you, Gene, and
8 fellow Commissioners and staff, members of the gaming
9 industry that are present and anyone else who is present.
10 It's been three -- the three years has gone
11 by very quickly, as time has a tendency to do, and I --
12 and my law partners are looking forward to my getting back
13 to business as usual.
14 But I do feel very nostalgic, as Gene
15 mentioned also. A man is lucky if he can have a career
16 where he's associated with people who are exemplary and
17 worthy of emulation once, but to have that happen twice in
18 a career, as it has with my being fortunate enough to work
19 with Gene McNary, is doubly fortunate.
20 And so I want to express my great gratitude
21 for that opportunity, and it's been a great experience for
22 three years, a learning experience and also it's just been
23 a great lot of fun, and for that I thank all of you.
24 You've all been more than kind and generous
25 of spirit, easy to work with, very congenial and
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1 collegial, and I can't think of a better group to work
2 with.
3 I know that in the future this Commission,
4 regardless of the comings and goings of people, will be
5 guided by your -- the precedents that you've all set in
6 the policy you've made and the way -- the procedure that
7 you've instituted, and particularly under the guidance of
8 Executive Director McNary most recently.
9 And so for all of that and more I thank you
10 all and wish you the very, very best.
11 CHAIRMAN SHULL: Commissioner Hais, I would
12 also like to express my appreciation for the many
13 contributions that you've made during your term, and it
14 has been an honor to serve with you.
15 Would any of the other commissioners care to
16 speak?
17 COMMISSIONER JONES: Commissioner Hais, I'd
18 like to echo the same sentiment from the Chairman. It's
19 been a pleasure to serve with you, a great friend,
20 hopefully continue our friendship and I'll see you around
21 at some of the restaurants in St. Louis.
22 COMMISSIONER HAIS: Thank you.
23 COMMISSIONER PLUNKETT: Sam, I just wanted
24 to say that it's been a learning experience, particularly
25 some of the opinions that you've had on the actions of the
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1 Commission, and I appreciate the knowledge I've gained
2 from my association with you. Wish you good luck.
3 COMMISSIONER HAIS: Thank you, Larry.
4 COMMISSIONER BRADLEY: I would agree with
5 that, that I think we've all learned, has been wonderful
6 discussion back and forth and figuring out why we're here
7 and the citizens we serve and this and that, and you've
8 done a great job. And I'm still --
9 COMMISSIONER HAIS: I'm going to will you my
10 candy. You stole my thunder.
11 COMMISSIONER BRADLEY: Thank you.
12 I'll share. You aren't gone yet.
13 CHAIRMAN SHULL: The next item is the
14 old business.
15 MR. MCNARY: No old business.
16 CHAIRMAN SHULL: Is there a motion to close
17 this meeting then?
18 COMMISSIONER JONES: A motion to close the
19 meeting under Sections 313.847 and 610.021(1) and (14).
20 CHAIRMAN SHULL: A motion has been made.
21 Is there a second?
22 COMMISSIONER PLUNKETT: Second.
23 CHAIRMAN SHULL: A second.
24 Is there further discussion?
25 Hearing none, call the roll, please.
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1 MS. FRANKS: Chairman Shull.
2 CHAIRMAN SHULL: Approve.
3 MS. FRANKS: Commissioner Jones.
4 COMMISSIONER JONES: Approve.
5 MS. FRANKS: Commissioner Hais.
6 COMMISSIONER HAIS: Approve.
7 MS. FRANKS: Commissioner Plunkett.
8 COMMISSIONER PLUNKETT: Approve.
9 MS. FRANKS: Commissioner Bradley.
10 COMMISSIONER BRADLEY: Approve.
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3 CERTIFICATE OF REPORTER
4
5 I, Patricia A. Stewart, RMR, RPR, CCR, a
6 Certified Court Reporter in the State of Missouri, do
7 hereby certify that the testimony that appears in the
8 foregoing transcript was taken by me to the best of my
9 ability and thereafter reduced to typewriting by me; that
10 I am neither counsel for, related to, nor employed by any
11 of the parties to the action in which this hearing was
12 taken, and further that I am not a relative or employee of
13 any attorney or counsel employed by the parties thereto,
14 nor financially or otherwise interested in the outcome of
15 the action.
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18 __________________________
19 Patricia A. Stewart
20 CCR No. 401
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