 Good morning, Austin. Thank you We are calling to order meeting number 270 of the Massachusetts gaming commission on May 29th 2019 at night 10 a.m. At our offices at 101 federal Street here in Boston Commissioner Zuniga Good morning. He is traveling on business and will be participating in our meeting by phone Commissioner Zuniga, can you hear us clearly? Yes, I can hear you just fine madam chair. Good morning. Good morning, and we can hear you clearly as well If for any reason Enrique for some reason you can't hear us, please alert us immediately and we'll make sure to Properly connect you Since commissioners Zuniga will be okay. Thank you Since commissioners Zuniga will be participating remotely all the votes taken at this meeting will be roll call votes Before we begin with item number two, I just wanted to Make a statement Yesterday the gaming commission did receive payments totaling 35.5 million dollars from wind resorts satisfying the two fines Imposed by the commission in its decision dated April 30th 2019 Going forward the commission will ensure compliance with the additional conditions that we imposed But most importantly we look forward to The June 23rd opening of on core Boston Harbor Questions, however, have been asked about how the fines will be processed They are handled similarly to gross gaming revenue and the allocations of funds is determined by the gaming law The money is deposited into the gaming revenue fund and then distributed to a range of funds that benefit transportation local aid infrastructure education public health tourism and community mitigation The details on These allocations are provided on the revenue page of our website General counsel blue. Is there anything that you'd like to add to that to clip further clarify? No, I think that exactly covers it. Okay. Thank you so Now I think we can begin with our agenda item to administrative update. Yes. Good morning chair. Good morning commissioners. Good morning So and good morning, Commissioner Zuniga. Okay. Good morning So chair as you said staff is also working very hard to prepare for the June 23rd opening I don't have a general update today, but I will next week Want to introduce a whole host of new staff including licensing folk gaming agents Game and enforcement unit folks In other folks who've joined us. I haven't done this in a while. I usually would do it in a routine tempo We've been busy. So I'd like to do it at our and our next meeting which I anticipate may be as early as next week and Let you know what we have been doing to get ready for the opening So that is all I have for today. Thank you as well just to remind Both the Commission and the public we also do have an agenda-setting meetings afternoon where I anticipate We will talk about the rest of the meetings probably up to Through opening in June and that's that too at two o'clock. Correct. Thank you All right, thank you Executive Director Bedrosian Item number three on Budsman's Yamba and construction oversight manager Delaney We have two items on our agenda today that appeared on our May 22nd agenda for encore Boston Harbor for possible votes Thank you chair. Good morning commissioners. Good morning Up for consideration today or two items the Commission discussed that it's May 6th 2019 meeting Material changes to the encore Boston Harbor project since design approval and the draft second amended section 61 findings Joining me today for the discussion are Joe Delaney the Commission's construction project oversight manager Mina Macario's outside counsel for the Commission from the law firm of Anderson and Krieger Encore Boston Harbor president Robert DeSalvio and Jackie Crumb on core Boston Harbor senior vice president in general counsel In the Commission packet are updates to the materials that were included in the May 6th packet The material changes memo in today's packet is in essence an excerpt of the memo the Commission saw a few weeks ago The excerpt deletes a reference to a section on other project related changes in the original Memorandum as no vote on such non project related changes is expected Specifically included in the discussion of other project related changes were descriptions of two off-site parking lots in Everett We do not believe that the Commission needs to vote on these items Also language regarding gaming positions from the May 6th memo has been deleted We will discuss gaming positions during our sections 61 discussion today and during the Commission's Deliberations about the issuance of the encore Boston Harbor operations certificate in the next few weeks For example, the Commission will likely discuss gaming positions when it discusses the approval of the gaming floor And when the Commission reviews the form of the operations certificate itself Which will include a reference to the number of slots and table games The Commission's packet also includes a red line showing the difference between the draft second amended section 61 findings We reviewed a few weeks ago and a new version before the Commission today The only change slash substantive change to the May 6th language is four new sentences In a footnote on page five This footnote describes that then win now on course notice of project change filing In 2017 showed reductions in the anticipated traffic impacts compared to the previous Massachusetts Environmental Policy Act MEPA filing the second supplemental final environmental impact report Which incorporated standards from the supplemental final environmental impact report Despite such reduction in anticipated traffic Encore Boston Harbor did not propose any changes to the previously determined mitigation measures The footnote also discusses discusses the potential impact of this on gaming positions As you recall at the May 6th meeting the Commission determined that it would put out a request for comments on the second amended section 61 Findings by the deadline the Commission received no comments on the substance of the section 61 findings At the May 6th meeting the Commission also heard some testimony from counsel jackie crumb Regarding the methodology for counting gaming positions for the purpose of the section 61 findings At the time it was explained that encore boston harbour would reach out to MEPA staff to brief them about the issue Encore boston harbour did reach out to both MEPA and mass dot staff Encore boston harbour also included a memo in your packet Further explaining the methodology to count gaming positions This memorandum does not reference any opinions of MEPA or mass dot staff regarding gaming positions As we did not receive any official comment from these agencies as of the end of the day yesterday However, we do note that we just received comments Within the last hour from mass dot. They have also be included In in your packet uh commissioner zuniga We emailed those to you. I just wanted to make sure that you received that email this morning I did john and thank you. I uh, I have what I believe are all the package materials excellent. Thank you Because the item of gaming positions was part of both the material changes memorandum and the section 61 memorandum We have asked on core boston harbour general counsel jackie crumb To provide further thoughts on the process for counting gaming positions Thus before getting into the specifics of the material changes memo or the draft section 61 findings Let me turn it over to jackie to continue the conversation on gaming positions After the discussion of gaming positions I recommend that the commission then consider the material changes memo Which no longer references gaming positions and the draft section second amended section 61 findings Which includes new language on gaming positions? And with that, let me turn it over to jackie Thank you and good morning commissioners. Good morning uh As discussed in the may 6 hearing since the notice of our project change We have added uh, or proposed to add 88 slot machines and one poker table Which would increase our gaming positions from 4,421 to 4,515 gaming positions Um, this is a 2.1 percent increase Compared to what was presented to mepa and mass dot During our last mepa filing, which was the notice of project change We do not feel that this will have a material impact on the traffic generation and associated mitigation In part because our traffic mitigation and Our traffic mitigation was based on the filing That we put forth in our sf Eir That is our supplemental final environmental impact report, which we filed in february of 2015 In that filing we proposed 4580 gaming positions Obviously the current proposal is below that number on which our mitigation and off-site infrastructure improvements was based Uh, as previously discussed the formula that we utilized for the purpose of our mepa filings was one position Post slot machine and an average of six positions per table It was recognized that this was an average as we didn't have the exact break break out of the Gaming tables and so some tables would take more and others would take less It also took into account the fact that our vip tables will typically only have one to two players on them at most as you may know our Our vip tables Are in separate salons many of them and some salons have two tables And players will typically go back and forth between the two tables It's highly unlikely that any of those tables will be fully occupied or utilized at their capacity Uh Subsequently in january of this year The gaming commission adopted a separate formula for the calculation of actual gaming positions This was primarily for use in determining the allocation of the budget between the gaming licensees In this formula, um the gaming positions for example for a craps table is 14 14 gaming positions and 10 positions for each poker table Notably our poker tables do not have room for 10 players. They only have room for nine players In addition our craps tables are the not the large ones that would easily accommodate 14 players They are the smaller tables. So There is that issue that we we would need to determine with respect to the actual number Despite the use of the same term The gaming positions terms we we feel that these are distinct One is an average and one is the actual We did receive a letter as uh Ombudsman Siembe noted earlier from um line allusion at mass d.o.t. this morning And he concluded that the addition of a poker table and 88 slot machines would not result in a significant change to the project's trip generation Generation and associated transportation mitigation He also noted that the actual number of gaming positions Could vary depending on the type of game. I think that was an acknowledgement that they That actual is different from the average that they employed during the meeper process Can I just ask how many seats are at your craps table? If not the 14? Uh craps tables don't actually have physical but the space What would you say nine instead of 14? so um We're here to uh present this to you and and Would appreciate your consideration regarding the addition of these Slot machines and the and the one table I should also note that uh for the poker tables We have 14 poker tables that are in our tournament room, which would only be used for tournament purposes Okay, I'm budsman siembe you i'm i'm sorry. Do you want to finish your presentation? If that's okay, yeah, please do because i'm just trying to frame even though They are separate matters before the commission the material changes memorandum and the section 61 findings as i was noting The issue of gaming positions had some Relation to both And so what i was hoping to do now is give you a little bit of The detail on the material changes memorandum and then we could finalize the section 61 findings if that is okay Okay, so commissioners now to the material changes memorandum Uh at the commission's may 22nd meeting The commission just heard from encore bosson harbour representatives and joe delaney about the status of the project Let me just turn it over to joe to see if he has anything to add here Thank you Essentially the the memo that we Presented back on may 6th the changes that were outlined in there are still the changes is nothing further Beyond that Just as a matter of a couple of updates one of the things that we talked about was employee parking Where encore it secured 400 parking spaces and was working to secure an additional 400 Those negotiations are still ongoing with the mbta and the owner of the parking lot over at station landing And Sure Just a quick update on that we were able to The developer who has a portion of their garage was able to find an additional 300 parking spaces to provide to us So we are going to be able to get At least 700 they're going to continue their negotiations with mbta for any additional spaces as well Sorry, thank you. No, great. That's great And then the other item was the battery backup system that we talked about We're not sure if that will be ready by opening Maybe not, but it shouldn't affect the opening and it wasn't an original requirement of the project So they're pursuing it it will get done, but it just may not happen by opening Any further update on the temporary daycare? Yes, so we have met with Both the provider and the provider has agreed to accept kids Into their program at other locations pending our opening To supplement that as well, we have met with an organization called care.com And we've been able to negotiate a discounted rate for For parents seeking Somebody to come in on an emergency basis or they we've also negotiated a program where it'll provide Parents with introductions and admission support to get into different daycares within their Neighborhoods to doing the interim period And is there someone in hr who helps them coordinate in terms of getting into the temporary facility? We will have somebody who who is doing that and working directly with care.com So it's actually a program that we sign up to and then our employees will have direct access to care.com people As well as obviously going through our hr department And then in terms of liaisoning with the daycare provider in terms of getting temporarily into their other locations. Yes Yes, we have someone June 20. Oh, oh the actual for the daycare The end of the year is most likely. Yeah We hope before then part of it is their ability to They're federally funded as well So part of their ability is to go through the process and make sure that they've gone through All the permitting that they need to do after we've turned the facility over so they've asked us to Make sure we include enough time for them to get all of that done And one additional comment on that we've already secured and leased the space and the demolition of the former restaurant That was in the space is already completed So now we're actually finishing up the design documents and going out to bid for final pricing But this thing is well underway already. I didn't want you to think that it hasn't started yet It's already been demoed the space And one of the One of the things that we really appreciate about the group that we've partnered with is not only do they provide typical daycare Facilities they also provide supports for children who have special needs Or a need assessment or whatever right in their facility itself. So it's a little bit more than Just a plain daycare. It's got that supplemental structure as well Right Are your new employees asking about this and you're able to give them information We have had some inquiries fairly limited inquiries. We really wanted to lock down the program with care.com and then we're going to During mass orientation. We're going to make sure that all of our employees are aware of the benefits that are offered to them and can take advantage of it How does the uh, how does the daycare because you're a 24 7 operation to help parents who might be That's a second or third shift. I mean, I'm assuming this is not a 24 hour Right. So our current daycare would not be the one that's under construction would not be 24 7 However, we are looking into extended hours for that Uh, we're hoping to keep the care doc care program in place after the Uh, after the opening of the daycare center because that would give parents an additional resource One of the things that we have noticed, frankly, is that a lot of parents choose the choose the night shift For instance because they do have child care During that that time So it allows them a little bit more flexibility, but we're hoping that the care doc care care dot com program would kick in and Provide any supplemental help that that those families may need Thank you So uh with that if there are no questions, I recommend the commission approve the material changes included in your packet As I noted earlier the commission will have an opportunity to vote on gaming position related items When it convenes to discuss the approval of the gaming floor and the issuance of the operation certificate Can I just ask a question about that? Um So I know that we um, it was important for d out for uh, mass dots who way in yes, which they have now And then they're suggesting that Um Consult with mepa, but that's already been done. Correct. So I met with me pad Joe and I met with me Some weeks ago, uh, they were not Concerned about the change their view was not to speak for me, but obviously But their view was please go speak to mass start once you hear from mass start Let us know if they disagree and and so obviously we'll forward this Memorandum to or this email to mepa Notify them and and notify you if there's any issues So we're waiting to vote on this until those final Ts get crossed. Is that Yes, and no so in the section 61 amendments, uh, there's provision that authorizes the commission to That permits the commission to authorize the additional gaming positions And that would be filed immediately this week. We need to file it by the mepa filing deadline So that references the additional gaming positions, but um What i'm recommending is that that the commission will finalize its gaming position totals When it when it discusses the operation certificate and or the game gaming floor plan and that would give the opportunity for On court to give the benefit of them of the email to Meet book to close the loop on that and we could finalize all the positions at that time Is that uh, does that work with your? Opening plans that that does thank you Now Footnote on two on page five is the vote on the section 61's findings So this is just the memorandum regarding the um the changes Just the changes and in a second i'm going to get into the second amendment Yep, my apologies further questions for um on buttsman zeamba On this matter and this is with respect to We want to make sure we don't overlap these issues The material changes to the final design of the encore boston harbour project Do we have a motion because i do you need a vote on this today? Do we have a motion at this time? Uh, madam chair, i'd move that the commission approve the described material changes to the final design of the encore boston harbour project Uh, however, that such approval shall not be construed to supersede or otherwise impact or impair any obligations pursuant to mass general law Chapter 23k to the commission section 61 findings as they may be amended from time to time or to the conditions of encore boston harbour's license Including but not limited to condition number 14 relative to compliance with the information included in the application Filed by the designated licensee in the evaluation reports Filed by the commission Or to relieve on core boston harbour from providing prior notice to the commission of any future changes to the design for the commission's review and approval and To demonstrate that the commission has made Any determinations specified in 205 cmr 135.062 and 205 cmr 151 second Um, before we we take a roll call vote commissioners uniga Do you have any further questions and i want to make sure you can hear us properly? I have no questions or comments, madam chair Okay, great. So no further discussion Um, we have to take a roll call vote commissioners devins Yes commissioner cameron I commissioner o'brien I commissioners uniga I And the chair votes I Five zero, please. Thank you. Catherine Great. Thank you. Thank you commissioners. I now turn to the draft second amended section 61 findings As we noted the only substantive change To the prior draft is the addition of footnote 2 On page 5 which reads as follows Due to the reductions in traffic impacts described in the mpc And the fact that wind did not propose any changes to its previously committed traffic mitigation Which which addressed greater traffic impacts associated with a higher number of gaming positions and larger retail footage presented in the ssf When may have the ability to increase somewhat the actual number of gaming positions in the gaming establishment Without creating adverse traffic impacts not already mitigated by the previously committed and implemented mitigation program As such the commission may specify in the license or operation certificate For the gaming establishment such an increased number of gaming positions Approved for opening However, the commission also Expressly reserves the right to further limit the number of gaming positions Require additional study of environmental impacts or require additional mitigation measures If the actual impacts associated with the gaming establishment upon opening or in the future differ from those described In the second amended section 61 findings Winds mepa filings the secretary's certificate for each of these filings Or if another agency with jurisdiction e.g. Mass. Dot or the secretary so requires Nothing in the preceding sentence shall prevent the commission's authority to reopen any mitigation measure pursuant to 205 cmr 127 or otherwise Although the footnote states the commission may authorize the increase of gaming Positions in its operation certificate as we discussed We have vehicles for the final approval of such increase Thus at the time the commission considers the operation operation certificate in june The commission could weigh any further comments it may receive from mass store mass dot or mepa And further the language specifies the commission reserves the ability to take actions Such as limiting the gaming positions in the future of the actual impacts Differ from those described in these second amended section 61 findings And the commission also has a more general ability to reopen a mitigation measure under its regulations If the commission approves the second amended section 61 finding staff and encore boston harbour Will both need to file them by may 31st so that they will appear in mepa's june 10th 2019 environmental monitor And with that i'll take any questions Any questions commissioners I would just I would like to just um understand this Clearly i understand that we have saw anderson keager and i haven't introduced myself properly, but nice to see you in the open meeting So it's my understanding Being somewhat new to the section 61 findings process that We would be executing a document today Approving section 61 findings, but there is a possibility of us Reverting back to the findings to make a correction if we wanted to And that's permissible under i understand that there's some leeway under our regulations Is that permissible under statute? Could be i'm just having thank you and please introduce yourself i'm I'm going a little bit out of order if i just wanted to clarify Good morning, madam chair minna macarius anderson and keager The question you asked is whether we could the commission could Reopen mitigation essentially Under me but not just under its own rags and the answer is yes section 61 findings Happened at the conclusion of the mepa process Which here ended with the notice of project change and notice of project change certificate And they're in the purpose of the section 61 findings is for the agency to Say that it has Seen enough mitigation for the license it is issuing and the impacts associated with it So what you're weighing in on are the impacts on the mitigation The commission's actually going A bit above and beyond to even amend the prior section 61 findings you have section 61 findings on the books They've been amended once with a minor amendment Given the development of the project And and following a similar course to what you did in springfield these mostly restate The findings and update Information that was in the in the notice of project change the npc. So the short answer is yes You could certainly reopen the longer answer is Even if you didn't do this today you could reopen And so today we heard from mass dot in a positive way But there is a possibility that we will still hear from mepa It's it's possible. It's possible, but we don't have an expectation necessarily. I know that you'll go ahead I I hope it's a positive response. That's what we've that's the indications. We've you've been in communication with them And that was when we last spoke In our last meeting on this matter I I think I said You know, it was my understanding that you would be reaching out to mepa. You've had some discussions. We've got we've seen this positive email from mass dot to clarify And And I think I said to you in the open meeting There may well be no issue here because of the fact that it isn't a significant change And that seems to be the direction mass dot is going in So, you know to the extent mepa gets back that will be reported in open meeting But at this juncture, we could move forward based on footnote two page five Which is our okay any further questions. It's not uncomplicated Okay Commissions and nika. Do you have any questions? No, madam chair. I I uh, I don't have any questions Thank you I'm butzman zean, but do you wish to add anything for further clarity? Did I say oh, I said zean, but not zunita. Thank you. I do not okay. Excellent. Thank you for your clarification. I appreciate it and With that I understand we need a vote again on this matter Do we have a motion? We do and forgive me in advance for the length of it This is the vote to adopt the second amended section 61 findings and incorporate into region a category one gaming license project name on core boston harbour formally known as win everett win boston harbour Project location one broadway everett massachusetts project proponent win mass llc also known as win e o e a number one five zero six zero final agency action category one gaming license Whereas on april 25th 2016 the massachusetts gaming commission the commission voted to adopt the commission section 61 findings Of the 2016 section 61 findings with respect to the on core boston harbour project known as the project To grant to win the final region a category one gaming license to incorporate by reference the 2016 section 61 findings Into win's license for the project and to require as a condition of the license That win comply with the terms conditions mitigation measures and other requirements identified in the 2016 section 61 findings Whereas the commission expressly reserved the right to take further action with respect to the 2016 section 61 findings The license for the gaming establishment and any conditions contained in the 2016 section 61 findings or the license for the gaming establishment Whereas on or about february 28th 2017 Win filed a notice of project change known as the npc Regarding a sediment remediation plan for a portion of the project site in an adjacent area of the mystic river With the executive office of energy and environmental affairs e o ea's mass environmental policy act mepa office Whereas on april 7th 2017 the secretary Of e o ea issued a certificate on the npc in which the secretary determined That win's proposed project changes did not require the submission of additional filings under mepa the npc certificate Whereas on july 13th 2017 the commission approved an amendment to the 2016 section 61 findings To address a minor modification of one condition in the 2016 section 61 findings With respect to the mystic river pedestrian bicycle bridge feasibility study But without otherwise addressing the findings in the npc or the npc certificate known as the first amended section 61 findings Whereas win has proposed the second amended section 61 findings attached her to to reaffirm win's commitment To avoid or minimize impacts to the environment of the project and to update the 2016 section 61 findings And the first amended section 61 findings Now therefore i move the mass gaming commission 1 Approved the proposed modifications and refinements to the project described in the npc the npc certificate The first amended section 61 findings and the second amended 61 findings attached her to Two to adopt the second amended section 1 findings regarding the project in the form attached her to Pursuant to the mass environmental policy act general laws chapter 30 subsection 61 through 621 General laws chapter 23 k section 15 sub 12 301 cmr 11.12 and 205 cmr 120.02 To update and restate the 2016 section 61 findings and the first amended section 61 findings number three That they find that we find pursuant to general law chapter 30 section 61 and 301 cmr 11.12 sub 5 That all feasible measures have been taken to avoid or minimize impacts to the environment of the project For the reasons stated in the commission's second amended section 61 findings attached her to And all other documents approvals and certifications incorporated by reference therein Number four incorporate by reference pursuant to general law chapter 30 section 61 through 620 Sorry 61 through 60 i general law chapter 23 k sub sections for sub 15 section 15 sub 12 and 21 c 301 cmr 11.12 sub 5 sub b 205 cmr 120 and the commission's second amended 61 findings attached her to into winds license for the project And requires a condition of the license that wind comply with the terms conditions mitigation measures and other requirements identified in the commission section second amended section 61 findings number five Authorize the commission to execute the commission second amended section 61 findings in the form attached her to number six Authorize the commission's general counsel to take all necessary procedural actions to effectuate the commission second amended section 61 findings And in accordance with the mass environmental policy act the game mass gaming act and the regulations implementing each statute And lastly number seven requires a condition of the license a regular quarterly review by the commission Of winds compliance with the commission's second amended section 61 findings and the terms and conditions of the license Second Would anybody need that repeated? Commissioner Zunica we're having a little fun here. Can you hear could you hear commissioner o'brien? I just need a few more seconds to finish reading the closed caption, but I They're catching up Excellent Any further discussion or questions Okay, again a roll call vote is needed commissioner stephens. Hi commissioner Cameron. Hi commissioner o'brien. Hi commissioners Zunica Hi, and the chair votes. Hi five zero Catherine. Thank you Thank you. Thank you. Thank you that concludes my report Excellent All right, we're moving on to our next item them commissioner updates commissioner Cameron. Do you have an update? I do not I'm chair commissioner o'brien Commissioner stephens. I have one quick update. I'm honored to be speaking at the Cambridge college gaming school graduation This is coming saturday. I think it's June 1st So See all the graduates. I think I precede uh, mr. DeSalvio on the agenda, but I'm looking forward to it. We had a chance to visit the gaming school and director griffin and I and it was uh A pretty impressive operation that we're even even using surveillance cameras over the Tables to be able to go back and show students some of the things that they missed or somebody who had tried to cheat while they were dealing with so Very impressed looking forward to it Austin, do you think you can make yourself available to stream the commissioner's speech for us? Stay home It's a saturday Well, thank you. That's really nice commissioners unica. Do you have any updates? Not really, uh, madam chair. I will provide an update on the conference that i'm currently attending one time back In the office and Excellent, thank you All right By no further business. Do I have a motion to adjourn? So moved second All the uh a roll call commissioner sevens. I commission a camera. I O'Brien. I commissioners unica I And chair votes. I 5-0. Catherine. Thank you