NEW MEXICO GAMING CONTROL BOARD

One-Day Regular Board Meeting

September 19, 2006

 

MINUTES

 

The Board of Directors of the New Mexico Gaming Control Board (Board) conducted a one-day Regular Board meeting at Gaming Control Board Headquarters, 4900 Alameda Blvd. NE.  Chair Carla Lopez called the meeting to order at approximately 9:10 a.m., on Tuesday September 19, 2006.  Due notice was published in accordance with the Gaming Control Act and the New Mexico Gaming Control Board Open Meetings Resolution and Chair Carla Lopez  declared a quorum.    Present were:  Commissioner Eddie Fowler, Commissioner David Norvell, Commissioner Don Dutton, and Chair Carla Lopez.  Commissioner Carolyn Monroe was not present.  Deputy Executive Director Greg Saunders and General Counsel Frank Baca were also in attendance. 

 

·        Approval of Agenda

Chair Carla Lopez presented the agenda for approval.  Mr. Saunders noted that a few items would be taken out of order in the Closed Session:  Moving Pending Administrative and Enforcement Actions (item C) to the first with the exception of the last item 10 which would be moved to the end.  Licensing (item A) second and Issuance of Findings of Suitability on Key and Affiliated Persons (item B) would be third.  Item C – Sunland Park Racetrack & Casino request for Modification of Tax Reserve in Licensing would be tabled.     A motion was made to approve the amended agenda:  D. Norvell.  Second: D. Dutton.  Vote: 4-0.    A roll call vote was taken and all voted to approve the amended agenda:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

 

1          Closed Executive Session.  Chair Carla Lopez entertained a motion to go into closed executive session until 1:30 p.m., for the purpose of discussing tribal matters, licensing matters, issuance of finding of suitability on key and affiliated persons, pending administrative and enforcement matters, pending and threatened litigation, limited personnel matters as enumerated in detail on the agenda. (Closed pursuant to section 10-15-1(H), NMSA 1978):  E. Fowler. Second: D. Dutton. Vote: 4-0.  A roll call vote was taken and all voted to go into closed executive session:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

2          On Tuesday September 19, 2006 at approximately 1:35 p.m., a motion was made to go back into open session: E. Fowler.  Second: D. Dutton.   Vote: 4-0.  A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell. Chair Carla Lopez certified the only matters that were discussed in closed executive session were tribal matters, licensing matters and issuance of findings of suitability on key and affiliated persons.

 

3          Approval of Minutes.  Chair Carla Lopez presented the following minutes for approval:

1.      Minutes of One Day Regular Board Meeting, August 8, 2006

2.      Minutes of Working Session, August 16, 2006

3.      Minutes of Special Working Session, August 24, 2006

4.      Minutes of Special Working Session, August 25, 2006

5.      Minutes of Special Working Session, August 30, 2006

 

Commissioner Norvell moved to approve the minutes. Second: D. Dutton.  Vote: 4-0.  A roll call vote was taken and all voted to approve the minutes:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

4          Board Chair Announcements.  Chair Carla Lopez announced that the scheduled Board Meetings are the second Tuesday of each month.  If a two day meeting is required, the Board will reconvene the next following morning.

 

·                    The next regular Board meetings are Tuesday October 17, 2006 and November 14, 2006.

 

·                    Introduction and swearing in of John Monforte, Executive Director.

 

5         Licensing

    

·           Renewals of Gaming Licenses for 2006:

          Mr. Saunders noted that this information was presented to the Board in closed executive session.  Mr. Saunders read into the record the following Renewals of Gaming Licenses for 2006:

           

Licensing

1. Renewals of Gaming Licenses for 2006

 

a. B.P.O. Elks #1172 (Tucumcari) 

b. Fraternal Order of Eagles #4017 (Socorro)

c. Loyal Order of Moose #2050 (TorC)

 

Commissioner Norvell moved to approve the renewals with regard to the Loyal Order of Moose #2050 with the condition that they comply with Settlement Agreement in Cause No. 03-011-EA, for the condition to be removed. Second: D. Dutton.  Vote: 4-0.    A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

Commission Norvell moved to approve the renewals for B.P.O. Elks #1172 (Tucumcari) and Fraternal Order of Eagles #4017 (Socorro) with the condition that they comply with the Settlement Agreement.  Second:  D. Dutton.  Vote: 4-0.    A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

·          Request of approval of Charitable Distribution from Veterans of Foreign Wars Post #7686 in Alamogordo.    This information was provided to the Board in closed executive session.  Representatives present from VFW #7686 were:  Vincent Lawrence, Memorial Wall Chairman for VFW #7686 in Alamogordo and Chip Bahr, Post Commander.  There were no questions from the Board.  The representatives presented the architectural blue prints of the memorial, they also noted that a section of property had been cleared and designated for that memorial to be located at the VFW Post property located at 700 US Highway 70 West in Alamogordo.  D. Dutton moved to approve the charitable distribution of $15,000 for the purpose of constructing the memorial wall that had been presented.  Second:  E. Fowler.  Vote:  4-0.  A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.  D.  Dutton noted that there was no action taken with the request for $2,000 year maintenance fee and suggested that the Post representatives get together with their Gaming Control Board auditor and address that matter on an annual basis.

·        Sunland Park Racetrack & Casino request for Modification of Tax Reserve (Sunland Park).  Item tabled.

 

·                        Request for Approval for Agreement between NM Gaming LLC and L&J Recreation.  This information was provided to the Board in closed executive session.  Representatives present were:  Barbara Bustos and Steve Bustos representing the Estate of Jose Lino Bustos and Lauralyn McCarthy from NM Gaming.  There were no questions from the Board. Commissioner Fowler moved to approve the purchase agreement between NM Gaming and L&J Recreation.  Second:  D. Dutton.  Vote:  4-0.     A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

·                    Request by B.P.O. Elks #2053 for an extension to file renewal application.  This information was provided to the Board in closed executive session.  Daniel Sousa, President of the Elks Lodge was present.  There were no questions from the Board.  Mr. Sousa requested to be heard in closed session.  Chair Carla Lopez moved to go into closed session for the purposes of discussing the request by B.P.O. Elks 2053.  E. Fowler.  Second:  D. Dutton.  A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

At 2:00 p.m. Chair Carla Lopez requested a motion to go back into open session.  C. Fowler.  Second:  D. Norvell.  Vote:  4-0. A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.  Chair Carla Lopez certified that the only matters discussed in closed executive session was licensing matter regarding the request by B.P.O. Elks 2053.  Commissioner Fowler moved to table the request by B.P.O. Elks 2053 for an extension to file renewal application.  Second:  D. Norvell.  Vote:  4-0.  A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell. 

 

 

·                    Issuance of Findings of Suitability on Key and Affiliated Persons. Mr. Saunders noted that during the closed executive session, the staff presented the results of the background investigations on the findings of suitability for key and affiliated persons.  Mr. Saunders read aloud the following  list of new key person applications:

New Applications:

Leonardus Suverein – Shareholder – Advanced Electronics Systems (Las Vegas)

Billie Carmody – Assistant Gaming Manager – American Legion Post #44 (Elephant Butte)

David Stevens – Assistant Gaming Manager – American Legion Post #69 (Albuquerque)

Hazel Holbrook – Assistant Gaming Manager - B.P.O. Elks Lodge #1897 (Alamogordo)

Anne Cate – Assistant Comptroller – Downs at Albuquerque (Albuquerque)

 Melba Pilley – Assistant Gaming Manager – Fraternal Order of Eagles #3187 (Roswell)

 Michael Wetzel – Director of Operations – Sparton Technologies (Rio Rancho)

 Ronald Marshall – Post Commander – Veterans of Foreign Wars Post #401 (Albuquerque)

 Connie Otero – Gaming Manager – Veterans of Foreign Wars Post #401 (Albuquerque)

 Rhonda Hickey – Gaming Manager – Veterans of Foreign Wars Post #6917 (Organ)

 

Tabled: 

Alan Steelman – Non-Executive Director – Aristocrat Technology (Las Vegas)

Alfred Wilms – Major Shareholder – Bally Gaming, Inc. (Las Vegas)

Kevin Verner – Independent Director – Bally Gaming, Inc. (Las Vegas)

 

Commissioner Norvell moved to table Alan Steelman, Alfred Wilms and Kevin Verner.  Second:  D. Dutton.  Vote:  4-0.  A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.  

 

Commissioner Norvell moved to accept the issuance of findings of suitability on key and affiliated persons for new applications as read: Second:  D. Dutton.  Vote:  4-0.  A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.   

 

Renewal Key Persons

One withdrawal:    Lonnie Curry – Assistant Gaming Manger – B.P.O. Elks Lodge #2053 (Grants) 

 

Gerald Wheeler – Gaming Manager – B.P.O. Elks Lodge #1119 (Las Cruces)

Larry Paiz – Gaming Accountant - Fraternal Order of Eagles #3815 (Las Vegas) with condition that he timely submit the financial reports as required by the 28th day of the month following receipt of the gaming funds.

Beatrice Contreras – Assistant Owner – R.C. Gaming, LLC (Albuquerque)

Rhonda Falcone – Owner – R.C. Gaming, LLC (Albuquerque)

Felix Coca – Gaming Accountant – Veterans of Foreign Wars Post #2951 (Santa Fe)

Bernard Snipes – Assistant Gaming Manager – Veterans of Foreign Wars Post #3280 (Clovis)

 

Commissioner Dutton moved to accept to grant license to the renewal key persons as read by the Deputy Director: Second:  E. Fowler.  Vote:  4-0.  A roll call vote was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

 

6          Pending Administrative and Enforcement Actions

 

·        Approval of Recommendation of Dismissal for Cindy Hays; Cause No. 06-004-EA.  There were no comments from the Board.  Commissioner Fowler moved to accept approval of recommendation of dismissal for Cindy Hays.  D. Dutton.  Vote:  4-0.  A roll call was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

·         Approval of Recommendation of Dismissal for Wiley Austin; Cause No. 06-005-EA.  There were no questions from the Board.  Commissioner Norvell moved to accept the approval of recommendation of dismissal for Wiley Austin.  Second:  E. Fowler.  Vote:  4-0.  A roll call was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

·        Approval of Recommendation of Dismissal for Robert Hays; Cause No. 06-006-EA.  There were no questions from the Board.  Commissioner Norvell moved to accept the approval of recommendation of dismissal for Robert Hays.  Second:  E. Fowler.  Vote:  4-0.  A roll call was taken and all voted in favor of the motion:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

·        Approval of Settlement Agreement for Fraternal Order of Eagles #4017; Cause No. 06-002-SA.  There were no questions from the Board.  Commissioner Norvell moved to accept the approval of settlement agreement.  Second:  D. Dutton.  Vote:  3-0.  A roll call was taken and E. Fowler, D. Dutton and D. Norvell voted in favor of the motion.  C. Lopez voted no.

·        Approval of Settlement Agreement for B.P.O. Elks 2053; Cause No. 06-003-SA.  There were no questions from the Board.  Commissioner Norvell moved to accept the approval of settlement agreement.  Second:  D. Dutton.  Vote:  4-0.  A roll call was taken and all voted in favor of the motion: E. Fowler, D. Dutton, C. Lopez and D. Norvell.

·        Approval of Settlement Agreement for Gaming Control Board vs. Martin Encinias; Cause No.06-009-EA.  There were no questions from the Board.  Dean Border was present representing Mr. Encinias and the Elks Club.  There were no questions for Mr. Border.  Commissioner Norvell moved to accept the approval of settlement agreement.  Second:  D. Dutton.  Vote:  4-0.  A roll call was taken and all voted in favor of the motion: E. Fowler, D. Dutton, C. Lopez and D. Norvell.

·        Approval of Settlement Agreement for Gaming Control Board vs. B.P.O. Elks Lodge #1172; Cause No. 06-010-EA.  There were no questions from the Board for Mr. Border.  Commissioner Norvell moved to accept the approval of settlement agreement.  Second:  D. Dutton.  Vote:  3-0.  A roll call was taken and E. Fowler, D. Dutton and D. Norvell voted in favor of the motion.  C. Lopez voted no.

 

7        Policy and Rulemaking Matters.

Rules Hearing for 15.1 NMAC to be held on November 9, 2006. 

 

 

8        Approval of Disposal State Property/Computers

Mr. Saunders presented to the Board a list of equipment, primarily old work stations from the desktops of the employees and one server requesting approval of disposal of this equipment.  Mr. Saunders also noted that Mr. Domingo Martinez, of the State Auditor requested that the Board approve the disposal prior to them acting on the list.  Commissioner Norvell moved to approve disposal of the listed equipment.  Second:  E. Fowler.   Vote:  4-0.  A roll call was taken and all voted in favor of the motion: E. Fowler, D. Dutton, C. Lopez and D. Norvell.

 

 9         Public Comments. 

 

·        Chair Carla Lopez entertained a motion to go into closed executive session for the purpose of discussing licensing matters, pending administrative and enforcement matters, pending and threatened litigation, limited personnel matters as enumerated in detail on the agenda, and tribal matters.   E. Fowler. Second: D. Dutton. Vote: 4-0.  A roll call vote was taken and all voted to go into closed executive session:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

 

At 3:50 p.m. requested a motion to go back into open session.  D. Norvell.  Second:  E. Fowler.  Vote: 4-0.  A roll call vote was taken and all voted to go back into open session:  E. Fowler, D. Dutton, C. Lopez, and D. Norvell.

Chair Carla Lopez certified the only items discussed in closed executive session were licensing matters, pending administrative and enforcement matters, pending and threatened litigation, tribal matters, and limited personnel matters as enumerated in detail on the agenda.

 

10        Adjournment.  There being no other business to come before the Board, Chair Carla Lopez entertained a motion to adjourn. E. Fowler.   Second:  D. Norvell.

 

 

 

/s/Carla C. Martinez, Esq., CPA                           Date Approved:  10-17-06

    Chair