NEW MEXICO GAMING CONTROL BOARD
One-Day Regular Board Meeting
June 17, 2008
MINUTES
The Board of Directors of the New Mexico Gaming Control Board (Board) conducted a one-day Regular Board meeting at SunRay Park & Casino, 39 Road 5568, Farmington, New Mexico. Chairman David Norvell called the meeting to order at approximately 11:015 a.m., on Tuesday, June 17, 2008. 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, Chairman David Norvell, Commissioner Demesia Padilla and Commissioner James Peterson. Executive Director John Monforte, Deputy Executive Director Greg Saunders and General Counsel Frank Baca were also in attendance.
· Approval of Agenda
Chairman Norvell asked Mr. Monforte if there were any changes to the agenda. Mr. Monforte noted that there were changes to the agenda. The following were the three items listed to be tabled.
Section D - Licensing (b) BPO Elks #408, (f) BPO Elks #2053 and
Section E - Issuance of Findings of Suitability on Key and Affiliated Person
(a) Sharon Lucero
Chairman Norvell entertained a motion to approve the agenda as amended. D. Dutton. Second: D. Padilla. Vote: 5-0. All voted to approve the agenda as amended: 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. (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, June 17, 2008 at approximately 2:15 p.m., Chairman Norvell entertained a motion to go back into open session. D. Padilla. Second: D. Dutton. Vote: 5-0. A roll call vote was taken and all voted to go into open session: 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 detailed in the agenda.
3 Board Chairman Announcements.
· Board Meeting Schedule:
Tuesday, July 15, 2008 – Ruidoso, NM
Tuesday, August 19, 2008 – Albuquerque, NM
Wednesday, September 17, 2008 – Albuquerque, NM
· Swearing in of New Personnel:
Jennifer Baca – Gaming Auditor
4 Pending Administrative and Enforcement Actions
· Consideration of approval of Settlement Agreement; Gaming Control Board vs. Richard Jaramillo Cause No. 07-042-EA. Commissioner Peterson moved to approve the settlement agreement with Richard Jaramillo and the motion and order to dismiss. Second: A. Rael. There was no discussion by the Board and there was no one present in the audience to address the Board on this issue. Vote: 5-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.
· Consideration of approval of Settlement Agreement; Gaming Control Board vs. Loyal Order of Moose# 2081; Cause No. 08-005-EA. Commissioner Padilla moved to approve the settlement agreement and the motion and order to dismiss. Second: A. Rael. There was no discussion by the Board and there was no one present in the audience to address the Board on this issue. Vote: 5-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.
· Consideration of approval of Settlement Agreement; Gaming Control Board vs. Jimmie Fitzpatrick; Cause No. 07-044-EA. Commissioner Dutton moved to approve the settlement agreement. Second: D. Padilla. There was no discussion by the Board and there was no one present in the audience to address the Board on this issue. Vote: 5-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.
5 Licensing
Renewals of Gaming Licenses for 2008
a. Aristocrat Technology (Las Vegas, NV)
b. B.P.O. Elks #408 (Las Vegas, NM)
c. B.P.O. Elks #461 (Albuquerque, NM)
d. B.P.O. Elks #863 (Albuquerque, NM) (move to end of the session)
e. B.P.O. Elks #1244 (Clovis, NM)
f. B.P.O. Elks #2053 (Grants, NM)
g. Shuffle Master, Inc. (Las Vegas, NV)
h. Veterans of Foreign Wars #10124 (Las Cruces, NM) (move to the end of the session)
Commissioner Padilla moved to table BPO Elks #408 and BPO #2053 and in addition to that moved to accept without conditions the renewals for the remaining 2008 gaming licenses listed with the exception of (d) BPO Elks #863 and (h) Veterans of Foreign Wars #10124 which were moved to the end of the session. Second: D. Dutton. There was no discussion by the Board and there was no one present in the audience to address the Board on these issues. Vote: 5-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.
- Issuance of Findings of Suitability on Key and Affiliated Persons
New Application
a. Sharon E. Lucero – Assistant GM and Casino Marketing Manager – Downs at Albuquerque (Albuquerque, NM) - Tabled
b. Sheri Green – Gaming Accountant – B.P.O. Elks #413 (Silver City, NM)
c. Kenneth Patterson – Assistant Gaming Manager – B.P.O. Elks #2086 (Ruidoso, NM)
d. Michael A. Salazar – President – Fraternal Order of Police #3 (Santa Fe, NM)
e. Barbara A. Veer – Assistant Gaming Manager – Fraternal Order of Police #3 (Santa Fe, NM)
f. Robert Castellano – Assistant Gaming Manager – Veterans of Foreign Wars #2951 (Santa Fe, NM)
g. Mari P. Blyler – Quartermaster – Veterans of Foreign Wars #3015 (Clovis, NM) – Condition – That Ms. Blyler not generate any financial paperwork
h. Timothy J. Wilmott – President and Chief Operating Officer – Penn National Gaming (Wyomissing, PA)
i.Timothy S. Keithley – Director of Marketing – Ruidoso Downs Racetrack (Ruidoso, NM)
j. James L. Nelson – Board Director – Shuffle Master, Inc. (Las Vegas, NV)
k. John R. Bailey – Board Director – Shuffle Master, Inc. (Las Vegas, NV)
l. Michael K. McCarthy – Director of Marketing – Zia Park (Hobbs, NM)
Renewal Key Persons
a. Taurino J. Trevino – Assistant Gaming Manager – American Legion Post #7 (Carlsbad, NM)
b. Jimmie Fitzpatrick – Gaming Manager – B.P.O. Elks #461 (Albuquerque, NM)
c. Max Otero – Accountant – B.P.O. Elks #461 (Albuquerque, NM) – Condition – That Mr. Otero not generate any financial paperwork
d. Juan I. Gonzales – Assistant Gaming Manager – Fraternal Order of Police #3 (Santa Fe, NM)
e. Paul C. Meyer – President/Chief Operating Officer/Secretary – Shuffle Master, Inc. (Las Vegas, NV)
Commissioner Padilla read the new applications and the renewal key persons for Issuance of Findings of Suitability on Key and Affiliated Persons and moved to grant the renewals for these 2008 gaming licenses as listed. Second: D. Dutton. There was no discussion by the Board and there was no one present in the audience to address the Board on these issues. Vote: 5-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.
6 Public Comments. There were no public comments.
7 Chairman David Norvell entertained a motion to go into closed executive session to discuss the two application for licensing BPO Elk 863 (Albuquerque and Veterans of Foreign Wars #10124 (Las Cruces, NM). D. Dutton. Second: D. Padilla. Vote: 5-0. A roll call vote was taken and all voted in favor of going into closed executive session: A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.
· Chairman David Norvell entertained a motion to go back into open session. D. Padilla. Second: J. Peterson. 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 that the only matters discussed in closed executive session were the licensing matters related to BPO Elks 863 and VFW 10124.
· On the licensing matter for VFW 101234 D. Padilla moved that the license be approved subject to satisfactory resolution of outstanding charity payment issues, appointment of a Board approved gaming accountant or assistant and ongoing review of club’s financial status, all of the documentation and approved resolutions should be provided to the Board no later than October 1, 2008. Second: J. Peterson. There was no discussion by the Board. Vote: 5-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.
· On the licensing matter for BPO Elks 863 D. Padilla moved that the license be approved with the following conditions: That within 90 days they provide the Board with accurate financial statements including federal form 990 within the same time period they obtain a certificate of good standing with the Public Regulatory Commission and that within thirty days they become current on all required charitable deposits. Second: D. Dutton. There was no discussion by the Board. Vote: 5-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell, D. Padilla and J. Peterson.
8 Adjournment. There being no other business to come before the Board, Chairman David Norvell entertained a motion to adjourn. D. Dutton. Second: J. Peterson. Vote: 5-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell, D. Padilla and James Peterson.
/s/David Norvell, Esq. Date Approved: 07-15-08
Chairman