NEW MEXICO GAMING CONTROL BOARD
One-Day Regular Board Meeting
December 12, 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 Martinez called the meeting to order at approximately 9:02 a.m., on Tuesday, December 12, 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 Martinez declared a quorum. Present were: Commissioner Eddie Fowler, Commissioner David Norvell, Commissioner Don Dutton, Chair Carla Martinez and Commissioner Carolyn Monroe. Executive Director John Monforte and General Counsel Frank Baca were also in attendance.
· Approval of Agenda
Chair Carla Martinez presented the agenda for approval. Mr. Monforte noted that Renewal Key Persons C2d – Richard Pulis, Gaming Manager, Loyal Order of Moose #20295 was tabled. A motion was made to approve the agenda as amended: D. Norvell. Second: D. Dutton. Vote: 5-0. A roll call vote was taken and all voted to approve the amended agenda: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
1 Closed Executive Session. Chair Carla Martinez 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): D. Dutton. Second: D. Norvell. Vote: 5-0. A roll call vote was taken and all voted to go into closed executive session: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
2 On Tuesday December 12, 2006 at approximately 1:30 p.m., a motion was made to go back into open session: D. Dutton. Second: D. Norvell. Vote: 5-0. A roll call vote was taken and all voted in favor of the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe. Chair Carla Martinez certified the only matters that were discussed in closed executive session 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.
3 Approval of Minutes. Chair Carla Martinez presented the following minutes for approval:
1. Working Session, October 24, 2006
2. Working Session, November 1, 2006
3. Special Board Meeting, November 8, 2006
4. One Day Regular Board Meeting, November 14, 2006
Chair Carla Martinez noted a few changes: Working Session of Tuesday, October 24, Board Member Don Dutton was not present for the first session, but was present for the second session. On the Board meeting for November 14, 2006 it shows us coming back into open session at 2:30 but it doesn’t show that we went into open session at 1:30 and then went back into closed session. Commissioner Norvell moved to approval of the four Board minutes with those two modifications. Second: C. Monroe. Vote: 5-0. A roll call vote was taken and all voted to approve the minutes: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
4 Board Chair Announcements. Chair Carla Martinez 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 January 9, 2007 and February 8, 2007.
· Chair Carla Martinez announced that effective Friday December 15, 2006, Mr. Norvell would become the Chairman of the Gaming Control Board.
5 Pending Administrative and Enforcement Actions
· Approval of Settlement Agreement for Aristocrat Technology; Cause No. 06-010SA. There were no representatives from Aristocrat Technology. There were no questions or comments from the Board. Commissioner Dutton moved to accept the settlement agreement. Second: D. Norvell. Vote: 5-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
· Approval of Recommendation of Dismissal without Prejudice for Michael Mollay vs. Janet Jessup; Cause No. 00-005-AA. Mr. Mollay was not present. Representing Mr. Mollay was Mr. Joe Diaz from the Modrall Law Firm. There were no questions or comments from the Board. Commissioner Norvell moved to approve the recommendation of dismissal without prejudice. Second: D. Dutton. Vote: 5-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
6 Licensing
· Renewals of Gaming Licenses for 2006:
Mr. Monforte noted that this information was presented to the Board in closed executive session. Mr. Monforte read into the record the following Renewals of Gaming Licenses for 2006:
a. American Legion Post #19 (Conchas)
b. American Legion Post #99 (Albuquerque)
c. B.P.O. Elks #2086 (Ruidoso)
d. Loyal Order of Moose #1718 (Silver City)
e. PDS Gaming (Las Vegas)
f. RC Gaming (Albuquerque)
Rhonda Falcone was present for RC Gaming. There were no questions from the Board. Commissioner Fowler moved approval American Legion Post #19, American Legion Post #99, Loyal Order of Moose #1718, PDS Gaming and RC Gaming without any conditions on the renewal license. Second: D. Dutton. Vote: 5-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe. Commissioner Fowler moved to approve renewal of the B.P.O. Elks #2086 (Ruidoso) with the following conditions: The Lodge must pay, in full, all license, approval, and investigation fees and costs arising out of processing of the gaming license application within 30 days of receipt of a final accounting of such fees and costs from the Board or according to the terms of a payment plan approved by the Board or its designee. Second: D. Dutton. Vote: 5-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
Miscellaneous Matters
· Request to re-open; B.P.O. Elks #408. Chair Martinez noted that individuals from BPO Elks 408 appeared in closed executive session. There were no further questions from the Board. Commissioner Dutton moved to allow B.P.O. Elks #408 to re-open with the following conditions: 1) The licensee shall disburse the $823.00 monthly amount deposited into the charity account not less than 90 days after the date the funds are deposited into such account. 2) The licensee shall provide to the Gaming Control Board Audit and Compliance Division all past due monthly financial statements, in their proper format prior to reopening. 3) The licensee shall not reopen until it has in place a Board-approved Gaming Manager, Gaming Accountant and Cashier and also that the BPO Elks 408 shall repay the money into their charitable gaming account in no more than 18 months from the date of approval. Second: C. Monroe. Vote: 5-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
· American Legion Post #26; payment plan. There were no representatives from American Legion Post #26. There were no questions from the Board. Commissioner Monroe moved to accept the payment plan with the following conditions: The Post shall deposit not less than $500.00 per month into the charity account until past due and charitable and educational distributions in the amount of $11,996.58 are paid in full and that the Post shall disburse funds deposited into the charity account not less than 90 days after the date the funds are deposited.
Second: D. Norvell. Vote: 5-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
· Request to approve Settlement Agreement by SunRay Park & Casino. Byron Campbell was present for SunRay Park and Casino. There were no questions for Mr. Campbell. Commissioner Norvell noted on the basis that $25,000.00 had been received from Mr. Walters moved to approve the settlement agreement entered into between SunRay and Mr. Walters by issuing a decision and order whereby the Board would ratify that agreement but not become signatory to it. Second: D. Dutton. Vote: 5-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe. Chair Carla Martinez asked Mr. Campbell if he understood and noted rather than the Board being a signatory party on the actual agreement between SunRay and Mr. Walters the Board would issue a decision and order that states that they approve the agreement between the two parties. There were no questions from Mr. Campbell.
7 Issuance of Findings of Suitability on Key and Affiliated Persons. Mr. Monforte 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. Monforte read aloud the following list of new key person applications:
New Applications
a. Tennie J. Shumate – Gaming Accountant - American Legion Post #44 (Elephant Butte, NM)
b. Joanne Miller – Gaming Manager – American Legion Post #77 (Logan, NM)
c. William M. Baker – Non-Executive Director – Aristocrat Technology (Las Vegas, NV)
d. Alan W. Steelman – Non-Executive Director – Aristocrat Technology (Las Vegas, NV)
e. Robert Caller – Executive Vice President, Chief Financial Officer, Treasurer, Director – Bally Gaming (Las Vegas, NV)
f. Albert B. Starin – Assistant Gaming Manager – B.P.O. Elks #1172 (Tucumcari, NM)
g. Valarie Humphries – Gaming Accountant – B.P.O. Elks #1440 (Gallup, NM)
h. Christie Day – Gaming Accountant – B.P.O. Elks #1897 (Alamogordo, NM)
i. Amber D. Smith – Gaming Manager – Veterans of Foreign Wars #10124 (Las Cruces, NM)
Renewal Key Persons
a. Mark D. Lerner – General Counsel, Secretary & Senior Vice President of Law and Government – Bally Gaming (Las Vegas, NV)
b. Robert J. Miller – Independent Director – IGT, Inc. (Las Vegas, NV)
c. Emil Roberts – Senior Account Executive – IGT, Inc. (Las Vegas, NV)
d. Richard Pulis – Gaming Manager – Loyal Order of Moose #2095 (Carlsbad, NM)
e. Randall Dee Hubbard – Chairman – Ruidoso Downs Racetrack (Ruidoso, NM)
f. Randall Dee Hubbard – Chairman – Zia Partners (Hobbs, NM)
g. Bruce Rimbo – Vice President, Shareholder – Zia Partners (Hobbs, NM)
h. Brian Gamache – President, Chief Executive Officer, Director – WMS Gaming (Waukegan, IL)
Key Person Change of Position
a. Billie Carmody – Gaming Manager – American Legion Post #44 (Elephant Butte, NM)
b. Harry Reeves – Assistant Gaming Manager – American Legion Post #44 (Elephant Butte, NM)
c. Glen Ridens – Assistant Gaming Manager – American Legion Post #44 (Elephant Butte, NM)
d. Gary Burns – Assistant Gaming Manager – Fraternal Order of Eagles #4101 (Alamogordo, NM)
Commissioner Dutton moved to Table 2d-Richard Pulis, Gaming Manager Loyal Order of Moose #2095 Carlsbad. Second: E. Fowler. Vote: 5-0. A roll call vote was taken and all voted in favor of the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
There were not comments from the public. Commissioner Monroe moved to accept the findings of suitability for the Key Persons, Renewal for Keys Persons and the Key Person Change of Positions. Second: D. Norvell. Vote: 5-0. A roll call vote was taken and all voted in favor of the motion: E. Fowler, D. Norvell, D. Dutton, C. Martinez and C. Monroe.
8 Public Comments. Mr. Panlener commented on how the Board addresses notification on the web-site. He receives notification of regular board meetings but on working sessions and other areas that are non-regular meetings he does not get notification. Chair Carla Martinez noted that this is an issue that has come up before and the Board has tried hard to address it. Commissioner Dutton mentioned incorporating the working sessions or other meetings with the regular meetings that are posted on the web-site.
· Commissioner Monroe: Thanks Carla for the fine job she has done as Chair.
9 Adjournment. There being no other business to come before the Board, Chair Carla Martinez entertained a motion to adjourn. E. Fowler. Second: D. Norvell.
/s/David Norvell, Esq. Date Approved: 01-09-06
Chair