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thanks John consideration of gaming.facility licenses given the level of.interest in the casino licensing process.I think is appropriate to start this.portion of our agenda with a plain.language overview on what the law.requires regarding the commercial casino.licensing process and more importantly.what the law does not allow it could we.ask you to please provide us with a.plain language overview yeah well I'd.like to take a moment to describe for.you and for the public what your.statutory duties are in regard to.licensing gaming facilities pursuant to.article 13 of the racing pari-mutuel.wagering and breeding one it would also.be useful I think to clarify what is not.your role or responsibility in regard to.these licensing decisions misperceptions.abound among some casino opponents some.public officials and some in the media.in regard to what your role is today in.considering these decisions the.legislature established a two-layered.process for the consideration of.potential casino gaming facilities in.New York State you appointed a gaming.facility location board in 2014 as the.law required you to do the gaming.facility location board in a competitive.process received 17 applications in 2014.in three statutorily defined upstate.regions for casino gaming facilities.those regions were the catskill Hudson.Valley region the capital region and the.eastern southern tier region the gaming.facility location board deemed 16 of.those applications responsive and.applied statutory evaluation criteria to.select three applicants for your.consideration for licensure it is.important to note that your role is not.to reevaluate all the app all of the.applications compare applicants or to.consider or reconsider the selection.criteria the gaming facility location.Board considered and applied your role.is not to substitute your judgment for.that of the gaming facility location.board.your role was not to decide whether you.think the gaming facility location board.made the correct selections your role.was not to exercise any review of the.selection decisions the gaming facility.location board made you may or may not.have different views of which applicants.the gaming facility location board.should have selected that is of no.matter because the law did not give to.this commission the authority to select.applicants for gaming facility licensure.consideration the law gave the gaming.facility location board the sole power.and authority to make those selections.you are not an appellate body exercising.review of the gaming facility location.boards processes or decision-making.rather your charge is to consider only.the applicants that the gaming facility.location boards selected and presented.to you with respect to each of those.applicants the legislature has charged.you with determining whether each.applicant is qualified for licensure is.not disqualified for licensure and has.met statutory minimum qualifications for.licensure if you conclude that those.criteria are present for an applicant.you have the power to grant a gaming.facility license to such applicant I.would like to review now with you those.statutory criteria before issuing a.gaming facility license to an applicant.the Commission must determine that the.applicant is suitable for licensure and.not disqualified as set forth in.sections 13 17 and 13 18 of the New York.State racing pari-mutuel wagering and.breeding law these sections require the.Commission to consider an applicant's.overall reputation which includes.without limitation integrity honesty.good character and reputation financial.stability integrity and background.business practices and business ability.to establish and maintain a successful.gaming facility compliance with gaming.licensing requirements and other.jurisdictions involvement in litigation.regarding business practices.suitability of affiliates close.associates and financial resources and.disqualifying criteria the law hinges.suitability on and directs the.Commission to review whether an.applicant or any individual associated.with an applicant was convicted of a.felony or other crime involving Public.Integrity embezzlement theft fraud or.perjury committed prior acts that form a.pattern of misconduct has affiliates or.close affiliates that would not qualify.for a license where whose relationship.with the applicant poses injurious.threat to the interest of the state has.pursued economic gain in an Occupational.manner that is in violation of criminal.or civil or civic civil public policy is.identified as a career offender or.member of a career offender cartel has.flagrantly defied any legislative or.other investigatory body engaged in the.investigation of crimes related to.gaming official corruption or organized.crime activity or has failed to make.required child support payments repay.public assistance benefit over payments.or repay any other debt owed to the.state once the Commission determines.that an applicant is suitable and not.disqualified the Commission must then.review the applicant's entire.application and evaluate whether the.applicant meets the minimum license.thresholds set forth in section 13 16 of.the New York State racing paramutual.wagering and breeding law this statute.requires that no applicant shall be.eligible to receive a gaming license.unless the applicant meets the following.criteria and clearly states as part of.an application that the applicant shall.one in accordance with the design plans.submitted with the licensees application.to the board invest not less than the.required capital under article 13 into.the gaming facility to the applicant.shall own or acquire within.60 days after a license has been awarded.the land where the gaming facility is.proposed to be constructed provided.however that ownership of the land shall.include a tendency for a term of years.under a lease that extends not less than.60 years beyond the term of the gaming.license issued under article 13 the.applicant shall three meet the license.deposit requirement the applicant shall.for demonstrate that it is able to pay.and shall commit to paying the gaming.licensing fee the applicant shall five.demonstrate to the Commission how the.applicant proposes to address problem.gambling concerns workforce development.and community development and host and.nearby municipality impact and.mitigation issues the applicant shall.six identify the infrastructure costs to.the host municipality incurred in direct.relation to the construction and.operation of a gaming facility and.commit to a community mitigation plan.for the host municipality the applicant.shall seven identify the service costs.of the host municipality incurred for.emergency services and direct relation.to the operation of a gaming facility.and commit to a community mitigation.plan for the host municipality the.applicant shall eight paid to the.Commission an application fee of 1.million dollars to defray the costs.associated with the processing of the.application an investigation of the.applicant provided however that if the.costs of the investigation exceed the.initial application fee the applicant.shall pay the additional amount to the.Commission within 30 days after.notification of insufficient fees or the.application shall be rejected and.further provided that should the cost of.such investigation not exceed the fear.omitted any unexpended portion shall be.returned to the applicant the applicant.shall 9 comply with state building and.fire prevention codes and the applicant.10 shall formulate for board approval.and abide by an affirmative action.program of equal opportunity where by.the applicant.establishes specific goals for the.utilization of minorities women and.veterans on construction jobs.additionally the Commission cannot award.a license to an applicant until the.Commission as an involved agency has.complied with the State Environmental.Quality Review Act seeker requires that.the Commission adopt the lead agencies.findings or make its own findings with.respect to an applicant's environmental.impact statement if one has been issued.if the lead agency has issued a negative.declaration there are no findings the.Commission is required to make in regard.to secret thanks n mr. Williams we.please call the first application for.consideration certainly the first.application for consideration is Capital.Region gaming LLC doing business as.Rivers Casino and Resort at Mohawk.Harbor each Commissioner has been.provided with a copy a copy of Capital.Region's response to the gaming facility.location boards request for applications.to develop and operate a gaming facility.in New York State the matrix of proposed.changes or amendments to their.submission post februari 27 2015 a.summary of the New York State Police.investigative report regarding the.applicant its affiliated companies and.principal management personnel and to.supplemental memoranda a memorandum.identifying minimum licensing threshold.requirements a license form with.conditions specific to the applicant in.their proposal and an involved agency.State Environmental Quality Review Act.statement of findings for gaming.facility license applicant Capital.Region gaming LLC commissioners may I.have a motion to find Capital Region.gaming LLC doing business as Rivers.Casino and Resort at Mohawk Harbor.suitable for gaming facility licensing /.standards contained within sections 13.17 and 13 18 of the New York State.racing pari-mutuel wagering and breeding.law I so move the second second any.discussion on the motion.all in favor aye any opposed the motion.carries commissioners may I have a.motion to find the application as.amended submitted by Capital Region.gaming LLC doing business as rivers.casino and resort at Mohawk Harbor as.meeting the minimum licensing threshold.set forth in Section 13 16 of the New.York State racing pari-mutuel wagering.and breeding law I some'll second any.discussion on the motion all in favor.aye any opposed motion carries may I.have a motion to adopt the lead agency.the lead agencies secret findings.statement certifying that the.requirements of Title six New York code.rules and regulations part 6 17 have.been met and consistent with social.economic and other essential.considerations from among the reasonable.alternatives available the action is one.that avoids or minimizes adverse.environmental impacts to the maximum.extent practicable I have such a motion.normal second any discussion on the.motion all in favor aye any opposed the.motion carries commissioners may I have.a motion to execute the gaming facility.license award for Capital Region gaming.LLC doing business as rivers casino and.resort at Mohawk Harbor pursuant to.section 1311 of the new york state.racing pari-mutuel wagering and breeding.law a thermal second any discussion on.the motion all in favor aye any opposed.the motion carries mr. Williams the next.up the second application for.consideration is Lago Resort and Casino.LLC doing business as Lago Resort and.Casino each Commissioner has been.provided a copy of Lago Resort and.Casino LLC's response to the gaming.facility location boards request for.applications to develop and operate the.gaming facility in New York State a.matrix of proposed changes or amendments.to their submission post februari 27.2015 a summary of the New York State.Police investigative report regarding.the applicant its affiliated companies.in principle management personnel and to.supplemental memoranda a memorandum.identifying minimum licensing threshold.requirements and a license form with.conditions specific to the applicant and.their proposal no lead agency seeker.findings statement was circulated.because the lead agency issued a.negative declaration a negative.declaration is a determination by the.lead agency that inaction will not.result in significant and adverse.environmental impact and consequently no.environmental impact statement was.prepared commissioners may I have a.motion to find Lago Resort and Casino.LLC doing business as Lago Resort and.Casino suitable for gaming facility.licensing / standards contained in.sections 13 17 and 13 18 of the New York.State racing pari-mutuel wagering and.breeding law so moved second second any.discussion on the motion all in favor.say aye any opposed the motion carries.may I have a motion to find the.application as amended submitted by Lago.Resort and Casino LLC doing businesses.Lago Resort and Casino meets the minimum.licensing threshold set forth in section.13 16 of the New York State racing.pari-mutuel wagering and breeding law.may have such a motion some second so I.have any discussion on that motion all.in favor aye any opposed the motion.carries may I have a motion to execute.the gaming facility license award for.Lago Resort and Casino LLC doing.businesses Lago Resort and Casino.pursuant to section 1311 so move second.any discussion all in favor aye aye any.opposed that motion carries Rob would.you mind calling the next applicant.certainly the final application for.consideration is monitoring operating.company LLC doing business as Monterey.and Resort Casino each Commissioner has.been provided with a copy.on train operating company llc's.response to the gaming facility location.boards request for applications to.develop and operate a gaming facility in.New York State a matrix of proposed.changes or amendments to their.submission post februari 27th 2015 a.summary of the New York State Police.investigative report regarding the.applicant its affiliated companies in.principle management personnel and to.supplemental memoranda a memorandum.identifying minimum license threshold.requirements a license form with.conditions specific to the applicant and.their proposal and an involved agencies.involved agencies State Environmental.Quality Review Act statement of findings.for gaming facility license applicant.Mon train operating company LLC.commissioners may I have a motion to.find Monterey an operating company LLC.doing business as mantra and Resort.Casino suitable for gaming facility.licensing for standards contained in.section 13 17 and 13 18 of the New York.State racing paramutual wagering and.breeding law so moved I have a second.second any discussion on the motion all.in favor any opposed the motion carries.may I have a motion to find the.application as amended submitted by.monterey an operating company LLC doing.businesses Monterey and Resort Casino.meets the minimum licensing threshold.set forth in section 13 16 of the New.York State racing pari-mutuel wagering.and breeding law Matt such motion so who.second any discussion on that motion all.in favor all right and you post that.motion carries.now I have a motion to adopt the lead.agency secret findings statement.certifying that the requirements of.Title six of the New York codes rules.and regulations part 6 17 have been met.and consistent with social economic and.other essential considerations from.among the reasonable alternatives.available the action is one that avoids.or minimizes adverse environmental.impacts to the maximum extent.practicable and I have such a motion so.moved second any discussion on the.motion all in favor aye any opposed the.motion carries commissioners may I have.a motion to execute the gaming facility.license award from on train operating.company LLC doing businesses monitoring.Resort Casino pursuant to section 1311.so moved second any discussion on the.motion all in favor aye any opposed the.motion carries the next item on the.agenda is old business I note there are.two items mr. Williams would you present.the first item certainly last month the.staff issued a report in regard to.allegations advanced by the people for.the ethical treatment of animals in.regard to the practices of key de each.one LLC at al that the conclusion of the.meeting staff requested that the rule.drafts contained within the report be.released to receive public comment an.advance of rulemaking consideration well.we have received some comments antidotal.e staff requests an additional month to.specifically contact those entities that.are likely to be affected or have.concerns with the various proposals I.would suggest that any substantive.comments regarding the report or.proposals be withheld until the.conclusion of next month's meeting grab.next consummating I'm I think it's fine.and unless the commissioners feel.otherwise to know if our just got you.were going to have no dr. Palmer here.yes dr. Palmer will be here at the.January we can ask him some questions.and maybe can give us some answers thank.you rob the next day I'm also last month.commissioners requested staff conduct.research into the use of the whip or.crop and jurisdictions across the United.States I want to thank the National.jockeys guild for provide.information relative to crop use and.identifying how different jurisdictions.are now considering its use I'm also.aware the ED staff has been undertaking.research in this and expects to soon be.circulating a memorandum relatives to.this research that the research is not.yet complete it's actually something.that i might have circulated the.materials that the jockey club providing.that the jobs provided marry a female.dog so when do you think in a month or.so oh yeah we then before the next.meeting for sure okay commissioners are.any other old business to consider we.have no items scheduled under new.business does anyone have any other new.business to consider hearing none I.think Kristen's gonna work on scheduling.26 January talking about bunnies 456.everybody good okay thank you that.concludes today's published agenda do.any commissioners have items they'd like.to present for consideration mr. karate.got me signs to karate do you have other.items you'd like to present I would like.everyone to have a happy and safe.holiday indeed they're easily over that.you're happy holidays everyone that's.job leashes hear from you want sure.Kendall yeah that would be good 16 a.week that's always gonna pull a fire.alarm after the boat.like sequentially.[Music].[Music].you.[Music].

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