NEW MEXICO GAMING CONTROL BOARD

One-Day Regular Board Meeting

December 11, 2007

 

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.  Chairman David Norvell called the meeting to order at approximately 9:00 a.m., on Tuesday, December 11, 2007.  Due notice was published in accordance with the Gaming Control Act and the New Mexico Gaming Control Board Open Meetings Resolution and Chairman David Norvell  declared a quorum.    Present were:  Commissioner Arnold Rael, Commissioner Don Dutton, Commissioner Demesia Padilla, Commissioner James Peterson and Chairman David Norvell.  Executive Director John Monforte and General Counsel Frank Baca were also in attendance.

 

·             Approval of Agenda

Chairman Norvell presented the agenda for approval.  Executive Director Monforte noted there were two minor amendments to the agenda, under Section 3A Pending Administrative and Enforcement Actions:  (A1) -  BPO Elks #2053 additional citation issued and (A2) - BPO Elks #1440 additional citation issued.  Chairman Norvell entertained a motion to approve the agenda as amended:  D. Dutton.  Second:  D. Padilla.   Vote: 5-0.  All voted in favor of the motion:  A. Rael, D. Dutton D. Norvell, D. Padilla and J. Peterson.

1          Closed Executive Session.  Chairman Norvell 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 and limited personnel matters as enumerated in detail on the agenda. (Closed pursuant to section 10-15-1(H), NMSA 1978):  D. Dutton. Second:                                   D. Padilla. Vote: 5-0.  A roll call vote was taken and all voted to go into closed executive session:  A. Rael, D. Dutton D. Norvell, D. Padilla and J. Peterson.

 

2          On Tuesday December 11 , 2007 at approximately 1:30 p.m., a motion was made to go back into open session: D. Padilla.  Second:  D. Dutton.   Vote: 5-0.  A roll call vote was taken and all voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.  Chairman Norvell certified the only matters that were discussed in closed executive session were tribal matters, licensing matters, issuance of finding of suitability on key and affiliated persons, pending administrative and enforcement matters, pending and threatened litigation and limited personnel matters as enumerated in detail on the agenda.

 

3          Approval of Minutes.  Chairman Norvell presented the One Day Regular Board Meeting minutes of November 14, 2007 for approval: Commissioner Rael moved to approve the Board minutes as stated.  Second:  D. Dutton.  Vote:  5-0.  All voted in favor of the motion:  A. Rael, D. Dutton D. Norvell, D. Padilla and J. Peterson.

 

4          Board Chairman Announcements.   

·         Chairman Norvell announced the scheduled Board Meetings as follows:

January 16, 2008 - Albuquerque

February 20, 2008 - Sunland Park

March 19, 2008 – Albuquerque

 

·         Potential renewal of Gaming Board newsletter

Chairman Norvell commented that the Board newsletter began in 1999 and then was discontinued at the end of 2004.  It started on a monthly basis – one page in black and white and then it progressed to bi-monthly and finally grew to color and 10 to 11 pages.  It was stopped for two reasons (1) the expense and (2) the time of staff putting it together.  Chairman Norvell stated that the thought was going back to a shorter version and posting it on the web-site which would be cost effective from our stand-point but whether we do this or not is going to depend a lot on the licensees, if they want it, if they participate in it, provide information and what kind of information they would want in the newsletter.  Comments were made by Mr. Panlener and Mr. Prevetti.  Al Kapacinskas from the Downs also commented that it would be a good idea to have the newsletter back.  Some of the ideas suggested were addressing rule and regulation changes, review basics on a periodic basis of how the Board works, and outline what the Board mission and objectives are. It would also be important to have input from the Tribes, the Fraternals and the Veterans and according to Mr. Panlener stay away from pictures of the company picnic. 

 

·         Refreshments were provided in honor of the two new Board Members and for the Tribal visitors.

·         Albert Apodaca, Executive Director of the Mescalero Gaming Commission.  Gene Lujan, Chairman of the Santa Ana Gaming Commission and Pat Sanchez and Brian Montoya also from Santa Ana Gaming Commission were some of the tribal visitors present.

 

 

5          Pending Administrative and Enforcement Actions

 

·         Approval of Settlement Agreement; Downs at Albuquerque.   This item moved to the end of the meeting.

 

6         Licensing

1. New Application:

a. Knights of Columbus #3314, Bingo License

There were several representatives from the Knights of Columbus #3314.   Mr. Ronald Maestas came forward and was asked by Chairman Norvell if he wanted to speak in open or closed session.  He wanted to make his remarks in the open session.  Mr. Ronald Maestas made a few comments regarding the organization in open session.   Commissioner Peterson moved to grant the bingo license to Knights of Columbus #3314 with the following conditions:  timely submission of quarterly reports and timely submission of complete bingo and raffle renewal applications.  Second:  A. Rael.  Vote:  5-0.  All voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.

 

 

2. Renewals of Gaming Licenses for 2008 with no conditions.

 

a American Legion Post #19 (Conchas Dam, NM)

b. American Legion Post #99 (Albuquerque, NM)

c. B.P.O. Elks #2086 (Ruidoso, NM)

d. Loyal Order of Moose #1718 (Silver City, NM)

e. PDS Gaming (Las Vegas NV)

f. RC Gaming (Albuquerque, NM)

g. Veterans of Foreign Wars #2951 (Santa Fe, NM)

 

 

Commissioner Padilla moved to grant the renewals of the gaming licenses for 2008 with no conditions as read by Mr. Monforte.  Second:  A. Rael.  Vote:  5-0.  All voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.

 

 

1. New Application

a. Joan Leonard – Gaming Manager – American Legion Post #19 (Conchas Dam, NM)

b. Randy Sines – Stock Holder – DigiDeal Corporation (Spokane, WA)

c. Paul Dandois – Assistant Gaming Manager – Loyal Order of Moose #2016 (Albuquerque, NM)

d. Thomas B. Schiele – Gaming Manager – B.P.O. Elks #2086 (Ruidoso, NM)

 

2.  Renewal Key Persons

a.   Andrea Baca – Accountant – American Legion Post #99 (Albuquerque, NM)   

 

 

Commissioner Dutton moved to accept the findings of suitability on the new applications, with regard to Thomas B. Schiele that the finding of suitability be for a period of 12 months and the renewal of Andrea Baca for a 3 year period of time.   A. Rael.  Vote: 5-0.  All voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.

 

 Commissioner Dutton moved to adopt and approve the 2008 Open Meetings Resolution as noticed on the agenda and previously published.  Second:  D. Padilla.  Vote: 5-0.  All voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.

 

 

 

 

7         Public Comments.    There were no public comments.

 

8        (From Section #5) Pending Administrative and Enforcement Actions.  

·         Approval of Settlement Agreement; The Downs at Albuquerque; Cause Nos. 06-002-EA, 06-011-EA, 06-012-EA, 07-001-EA, 07-011-EA, 07-016-EA, 07-017-EA.

Chairman Norvell entertained a motion to go into closed executive session for the purpose of discussing the Approval of Settlement Agreement with The Downs at Albuquerque.   D. Dutton.  Second:  D. Padilla.  Vote: 5-0.  All voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.

·         A motion was made to go back into open session: D. Padilla.  Second:  D. Dutton.   Vote: 5-0.  A roll call vote was taken and all voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.  Chairman Norvell certified the only matters that were discussed in closed session were regarding the Settlement Agreement with The Downs at Albuquerque that is on the agenda and pending before the Board.  Commissioner Dutton moved to approve the Settlement Agreement entered into for the State of New Mexico Gaming Control Board, Petitioner, vs. The Downs at Albuquerque Gaming Operator License No. R004, Respondent, in Cause Nos. 06-002-EA, 06-011-EA, 06-012-EA, 07-001-EA, 07-011-EA, 07-016-EA, 07-017-EA  and Citation Nos. 1068, 1069 1070 and 00729 pursuant to the terms thereof which after signing by the Chair will become a public document.  Second:  A. Rael.  Vote: 5-0.  A roll call vote was taken and all voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson. 

 

 

 

9          Adjournment.  There being no other business to come before the Board, Chairman David Norvell entertained a motion to adjourn. A. Rael.   Second: D. Padilla.  Vote:  5-0.  All voted in favor of the motion:  A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.

 

 

/s/David Norvell, Esq.                                                           Date Approved:  01-15-08

    Chairman