NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting January 25, 2011 MINUTES

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1 NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting January 25, 2011 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., Tuesday January 25, 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 Marc Prelo, Chairman David Norvell, Commissioner Demesia Padilla and Commissioner James Peterson. Executive Director John Monforte and General Counsel Frank Baca were also in attendance. Approval of Agenda Chairman Norvell entertained a motion to approve the agenda as presented. M. Prelo. Second: D. Padilla. Vote: 4-0. All voted to approve the agenda as presented: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The agenda is approved.

2 2 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 (H), NMSA 1978): D. Padilla. Second: J. Peterson. Vote: 4-0. A roll call vote was taken and all voted to go into closed executive session: M. Prelo, D. Norvell, D. Padilla and J. Peterson. 2 On Tuesday, January 25, 2011 at approximately 1:30 p.m., Chairman Norvell entertained a motion to go back into open session. D. Padilla. Second: M. Prelo. Vote: 4-0. A roll call vote was taken and all voted to go into open session: M. Prelo, 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 following minutes for approval: 1. Minutes of One Day Regular Board Meeting, December 15, 2011 Commissioner Prelo moved to approve the minutes as presented. Second: D. Padilla. Vote: 4-0. All voted in favor of the motion to approve the minutes as presented: M. Prelo, D. Norvell, D. Padilla and J. Peterson. 4 Board Chairman Announcements a. February Board meeting is scheduled for Wednesday, February 23, 2011 in Albuquerque, NM b. March Board meeting is scheduled for Wednesday, March 16, 2011 in Albuquerque, NM

3 3 5 Pending Administrative and Enforcement Actions a. Consideration of approval of settlement agreement; Veterans of Foreign Wars #1793; Cause No EA Commissioner Padilla moved to accept the approval of the settlement agreement with Veterans of Foreign Wars #1793 and dismiss the complaint. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: approved. The motion is agreed to and the settlement agreement is b. Consideration of approval of settlement agreement; Aristocrat Technology; Cause No EA Commissioner Prelo moved to accept the approval of the settlement agreement with Aristocrat Technology and dismiss the complaint. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: approved. The motion is agreed to and the settlement agreement is 6 Licensing Renewals of Gaming Licenses for 2011 With No Conditions a. American Legion Post #72 (Albuquerque, NM) b. B.P.O. Elks #413 (Silver City, NM) c. B.P.O. Elks #1558 (Carlsbad, NM) d.igt, Inc. (Las Vegas, NV) e. Loyal Order of Moose #1680 (Belen, NM)

4 4 f. Loyal Order of Moose #2152 (Artesia, NM) g. Spielo Manufacturing (Providence, RI) h. Veterans of Foreign Wars #6917 (Organ, NM) Fraternal Order of Eagles #3189 (Hobbs, NM) with one condition that the licensee shall hire an outside bookkeeper. Commissioner Padilla moved to grant the renewal of the licenses with no conditions and for Fraternal Order of Eagles #3189 with one condition as stated by Director Monforte. Second: M. Prelo. There was no discussion and there was no one present in the audience to address the Board on these applications. Vote: 4-0. All voted in favor of the motion to approve the renewals: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and the applications are approved. Miscellaneous Matters a. Request for Variance; B.P.O. Elks #2500 Commissioner Prelo moved to grant the request for variance for B.P.O. Elks #2500 for a period of one year. Second: D. Padilla. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. b. Request for Variance; Sunland Park & Casino Commissioner Padilla moved to table the request for variance for Sunland Park & Casino. Second: M. Prelo. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson.

5 5 7 Issuance of Findings of Suitability on Key and Affiliated Persons New Applications with no conditions a. Stephanie Atwater Gaming Manager B.P.O. Elks #413 (Silver City, NM) b. Sandra Gabaldon Assistant Gaming Manager Loyal Order of Moose #1680 (Belen, NM) c. William R. Goodman Director of Food & Beverage Zia Park (Hobbs, NM) Renewal Key Persons a. Clarence Grothe Gaming Accountant B.P.O. Elks #1747 (Farmington, NM): With one condition that Mr. Grothe will not prepare gaming financial statement s or conduct accounting entries. NM) b. Toni Samora Cage Manager SunRay Park & Casino (Farmington, Title Changes a. Neil P. Patterson Treasurer/Director and Senior Vice Bally Gaming (Las Vegas, NV) b. Garry W. Saunders Chairman of the Board of Directors Shuffle Master, Inc. (Las Vegas, NV) c. Sandra Jaramillo Gaming Manager Loyal Order of Moose #1680 (Belen, NM) Commissioner Padilla moved to accept the findings of suitability for the new applicants, the renewal of the key persons, with one conditions for Mr. Grothe and the title changes as stated by Mr. Monforte. Second: M. Prelo. There was no discussion and there was no one present in the audience to address the Board on these applications. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson.

6 6 Chairman Norvell: approved. The motion is agreed to and all of the applications are 8 Bingo & Raffle Act a. Consideration of issuance of complaint - Tix for Kids b. Consideration of issuance of complaint Music New Mexico Style c. Consideration of issuance of complaint Eric J. Sanchez Memorial Fund d. Consideration of issuance of complaint New Mexico Music Hall of Fame Commissioner Prelo moved to issue a complaint for Tix for Kids; Music New Mexico Style, Eric J. Sanchez Memorial Fund and New Mexico Music Hall of Fame. Second: D. Padilla. There was no discussion. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. 9 Policy & Rulemaking Matters: a. Notice of Appointment of Interim State Gaming Representative Chairman David Norvell was appointed as Interim State Gaming Representative with a unanimous vote of 3-0 from the Board. Vote: 3-0. A roll call vote was taken and all voted for the appointment of Chairman Norvell as Interim State Gaming Representative: M. Prelo, D. Padilla and J. Peterson. b. Approval of disposition of obsolete, worn-out or unusable tangible personal property policy and appointment of committee Donovan Lieurance presented for approval the policy of disposition of obsolete, worn-out or unusable tangible personal property and the appointment of a committee of representatives from all GCB divisions to oversee the disposition. Enforcement - Sal Maniaci IS - Donovan Lieurance Legal - Scott Osta ASD - Robi Gonzales

7 7 Commissioner Padilla moved to approve the policy and the committee as presented by Mr. Lieurance. Second: J. Peterson. There was no discussion. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. 10 Public Comments. Division Director John Monforte announced that he had been appointed as Deputy Secretary for Taxation and Revenue and that this was his last week with the Gaming Control Board. 11 Adjournment. There being no other business to come before the Board, Chairman David Norvell entertained a motion to adjourn. D. Padilla. Second: M. Prelo. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. /s/david L. Norvell, Esq. Date Approved: Chairman