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Atlantic City Casinos 1987-05-28 Trump rl~~ ~F=========================~ ~ ~- In Regard to the Matter of: X Application of Trump's Castle Associates f or renewal of its VOLUME r- casino l icense. :E_~_! throu.[b_139 - - - -- - - - - - - - -- -- X BEFORE: WALTER N. READ - Chairman CARL ZEITZ - Vice- Chair W. DAVID WATERS - Commissioner E. KENNETH BURDGE - Commissioner VALERIE H. ARMSTRONG - Commissioner AL SO PRESENT: KAREN BIACHE Senior Procedures An alyst THOMAS FLYNN Public Information Officer ---------------On Behalf o f the- -----Commission------------- Staff: JOHN ZIMMERMAN L ega ~ BARBARA LAMPEN Affirmative Action & Planning JOYOTI FLEMING Legal STEVEN INGIS Legal On Behalf of the Division of G!~ing~nf~ce~~!~ FREDRIC GUSHIN Deputy Attorney General MICHAEL VUKCEVICH De puty Attorney General JOHN ADAMS Deputy Attorney General I ((Your words are our business" l US * STENO I A Complete Court Reporting Service STATION HOUSL SUil ( 205, 900 HADDON AVENUE COLLINGSWOOD. NJ 08106 (609) 858·0939 2 A P P EAR AN C E S: NICHOLAS RIBIS, ESQ. RIBIS, McCLUSKEY, GRAHAM & BRIAN SPECTOR, ESQ. DeCOTIIS Short Hills Plaza 636 Morris Turnpike Short Hills, NJ 07078 HARVEY FREEMAN, ESQ. General Counsel and Vice­ President of Trump Organizatior ROBERT PICKUS, ESQ. General Counsel of Trump•s Castle Casino On Behalf of the Public Advocate: DAVID SCIARRA, ESQ. Office of the Public Advocate Assistant Hughes Justice Complex CN 850 Trenton, NJ 08625 ALSO PRESENT: IVANA TRUMP DONALD TRUMP ROBERT TRUMP ROBERT FIORI BUCKY HOWARD FRANK MILLER SR. AGENT MARC SIVETZ 3 T A B ·L E 0 F C 0 N T E N T S II _j PAGE: 1 2 Opening statement by Mr. Ribis 28 3 Opening statement by Mr. Vukcevich 38 4 Opening statement by Mr. Sciarra 47 5 6 7 W I T N E S S E S 8 HARVEY I. FREEMAN 9 Direct examination by Mr. Ribis 56 Cross-examinatiofi by Mr. Adams 65 10 Cross-examination by Mr. Sciarra 73 11 Examination by Vice-Chair Zeitz 89 Examination by Commissioner Burdge 90 12 Examination by Commissioner Armstrong 92 ~ Examination by Chairman Read 97 LJ 13. Further cross-examination by Mr. Sciarra 106 14 15 FRANK T. MILLER 16 Direct examination by Mr. Ribis 109 Examination by Vice-Chair Zeitz 119 17 18 MOTION: VOTE 19 Made by Commissioner Waters 24 20 21 22 23 24 25 ["'__ _J 4 ]'.1ew Jersey casino Control Conmission Hearing in the tE.tter of The Application of Trump's Castle Associates Fbr Renewal of their Plenary Casino License May 28, 1987 Stipulation Nl.DJ'ber Entered Description Evd. S-1 Stipulation dated 5/27/87 between the 15 Division of ·Gaming Enforcement and Trump's castle Associates . -. 5 ~'ew Jersey Casino Control Conmission Hearing in the M3.tter of The Application of 'I'rurrp' s Castle Associates Fbr Renewal of their Plenary Casino License ~13.y 28, 1987 Division of Gaming Enforcement Exhibits Number Entered Description Evd. D-1 Report dated 5/13/~7 by Deputy Attorney 16 General Michael Vukcevich . D-2 Report dated 5/6/87 on Trump's Castle 16 Associates' Operations D-3 Division of Gaming Enforcement Supplemental 16 Report to Casino Control Cornnission dated 12/30/86 re: Marina Roadway Issue D-4 Deposition of Marc S. Intriligator dated 16 7/11/86 D-5 Division of Gaming Enforcement Memorandum 16 date::l 8/5/86 fran Dep.1ty Attorney General Patricia Wild and Agent Mark Sivetz to file re: Interview of Kathleen M. Vytx:>my 6 l~ew Jersey Casino Control Conmission Hearing in the Matter of The Application of Trump's Castle Associates Fbr Renewal of their Plenary Casino License M3.y 28, 1987 Applicant Exhibits Entered Description Evd. A-1 Correspondence dated 6117186 from Nicholas L. 18 Ribis to Stephen Brewer, Deputy Attorney General, Environmental Protection Section regarding carrnencing discussions With CAFRA to modify CAFRA pennit A-2 Correspondence dated 6119186 from Nicholas L. 18 Ribis to John R. Zimmerman enclosing 6117186 correspondence fran Nicholas L. Ribis to Stephen Brewer A-3 Correspondence dated 718186 from Nicholas L. 18 Ribis to Walter N. Read updating Trump's Castle's efforts to seek modification of the transportation requirerrent of its CAPRA permit A-4 Status Report I dated 815186 sul:rnitted on 18 behalf of T:rurrp' s Castle Associates and Exhibits A through E A-5 Correspondence dated 8125186 fran Nicholas 18 L. Ribis to Chair Read enclosing 8120186 Joint Application for rrodification of CAPRA Permts sul:rni tted on l:ehalf of Marina Associates , GNA~, Corp. and 'Irurrp' s Castle Associates A-6 Correspondence dated 9124186 fran Nicholas L. 18 Ribis to Chair Read enclosing 914186 corres­ pondence fran John R. Weingart and 9 I 2 I 8 6 Order of Judge L. Anthony Gibson extending inactive status of litigation . A-7 Status Report II dated 1016186 sub:nitted on 18 behalf of Trump's Castle Associates A-8 Correspondence dated 10114186 from Nicholas 18 L. Ribis to Chair Read enclosing final ~s & Kelcey report submitted to CAFRA A-9 eorrespondence dated 10130186 From Nicholas 18 L. Ribis to Chair Read enclosing 10117186 correspondence fran CAPRA, and 10127186 correspondence fran Michael Fichera, DAG, to Judge L. Anthony Gibson Trump's Castle Associates Applicant Exhibits 7 Number Entered Description Evd. A-10 Correspondence dated 11118186 from Nicholas 18 L. Ribis to Chair Read enclosing 1117186 correspondence from John R. Weinga.....--t to John W. Daniels A-ll Status Report III dated 12112186 submitted on 18 behalf of Trump's Castle Associates A-12 Correspondence dated 117187 from Nicholas L. 18 Ribis to Chair Read enclosing 1215186 correspondence from Karl Bratm, SUpervisor, ASIA, Shore !-1a.inland Region to John W. Daniels and 1212186 Order of Judge L. Anthony Gibson extending inactive status of litigation A-13 Correspondence dated 1114187 from Nicholas L. 18 Ribis to Chair Read enclosing 1112187 report of Edwards and Kelcey, Inc. in response to ccrnnents contained in 11/7186 correspondence from John R. Weingart A-14 Correspondence dated 1 I 2 9I 8 7 from John R. 18 Weingart to John W. Daniels A-15 Status Report IV dated 214187 sutrnitted on 18 behalf of Trump's Castle Associates enclosing 1127187 correspondence from John W. Daniels to John R. Weingart enclosing 1123187 letter from Walter H. Kraft to Mr. Daniels A-16 Correspondence dated 2/13187 from Steven 18 C. Whitney to John W. Daniels A-17 Order of Judge L. Anthony Gibson dated 18 2117187 extending inactive status of litigation A-18 CAPRA denial of request for rrrxlification 18 of CAPRA Permits dated 4110187 A-19 Status Report V dated 4115187 sul:rnitted 18 on behalf of Trump's Castle Associates enclosing Proposal sul:rnitted by casinos to Donald R. Belsole A-20 Correspondence dated 4124187 from Nicholas 18 L. Ribis to Chair Read enclosing 4121187 Counterproposal of State and 4115187 Appeal from CAPRA denial of modification request submitted on behalf of casinos Trump's Castle Associates Applican~ Exhibits 8 Number Entered Description Evd. A-il 5/28/87 Transcript dated 5/4/87 of Christopher D. 18 Whitney, Esq. ' s opening staterrent in regard to the matter of hearing on the applications of Marina Associates and Harrah's Atlantic City, Inc. for renewal of their plenary casino licenses A-22 5/28/87 Correspondence dated 5/6/87 from Nicholas L. 18 Ribis to Chair Read enclosing 5/5/87 correspondence from John W. Daniels, Esq. , to Donald R. Bel sole, enclosing response to Counterproposal on behalf of casinos A-23 5/28/87 Correspondence dated 5/13/87 from John M. 18 Van Dalen, DAG, to John W. Daniels confinning DEP 1 s postponerrent of deciding whether to grant an administrative appeal of the decision to deny CAPRA ,!)el:1Tlit rrodification A-24 5/28/87 Correspondence dated 5/26/87 from Nicholas L. 18 Ribis to Chair Read enclosing 5/13/87 correspondence from J.M. Van Dalen, DAG to John W. Daniels, 5/19/87 oorrepsondence from John W. Daniels to Joint Venture partici:pants and 5/21/87 settlerrent prq::osal ) A-25 5/28/87 Letter fran Robert M. Pickus to Deputy Attorney 18 General Michael Vukcevich and attached merroranda pertaining to carrpliance with N.J.A.C. 19:41-11.1 A-26 5/28/87 Trump's Castle Associates Response dated 5/15/87 1.8 .t to the Division of Gaming Enforcement's epo__rational Report (D-2) - A-27 5/28/87 Rendering Of exterior expansion Of Trump IS castle 109 - View from Brigantine Boulevard A-28 5/28/87 Rendering of Proposed Phase 3 .Ballroc:rn and ToNer 109 Expansion - 3rd level A-29 5/28/87 Rendering of Proposed Phase · 3 .Ballrcx:rn and ToNer 109 Expansion - Longitudinal Section · A-30 5/28/87 Rendering of Prq::osed Ballrcx::rn and ToNer 109 Expansion - Fo'l.Lrth Floor Plan CUadrant 6 A-31 5/28/87 Rendering of exterior view of 2 story addition 109 to Farley State Marina 9 New Jersey Casino Control .Commission Hearing in the Batter of The Application of Trump's Castle Associates For Renewal of their Plenary Casino License M3.y 28, 1987 ' New Jersey Casino Control Commission Exhibits Number Entered Description Evd. C-1 Report dated 5/19/87 of the Facilities 20 Review Section by Senior Applications Analyst Lisa Michelini C-2 Report dated 5/19/87 of the Entities and 22 Qualifiers Section by Senior Assistant Counsel E. Dennis Kell C-3 Report dated 4/16/87 of the Eitployee 25 Licensing Bureau by Applications Analyst laurie A. Brent C-4 Report dated 4/19/87 of the Enterprise 25 Licensing Bureau by SUpervising Applications Analyst Sharon L.
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