NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting October 19, 2011 MINUTES

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1 NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting October 19, 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., Wednesday October 19, 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 Carl Londene, Commissioner Robert Doughty, Chairman David Norvell, Commissioner Marc Prelo and Commissioner Steve Miller. Acting Executive Director/General Counsel Frank Baca was also in attendance. Approval of Agenda There were no changes to the agenda. Chairman Norvell entertained a motion to approve the agenda as presented. M. Prelo. Second: R. Doughty. Vote: 5-0. All voted to approve the agenda as presented: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. Chairman Norvell: The motion is agreed to and the agenda is approved.

2 2 1 Closed Executive Session. Chairman Norvell entertained a motion to go into closed executive session until 11:00 a.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): R. Doughty. Second: S. Miller. Vote: 5-0. A roll call vote was taken and all voted to go into closed executive session: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. 2 On Wednesday October 19, 2011 at approximately 11:00 a.m., Chairman Norvell entertained a motion to go back into open session. S. Miller. Second: M. Prelo. Vote: 5-0. A roll call vote was taken and all voted to go into open session: C. Londene, R. Doughty, D. Norvell, S. Miller, and M. Prelo. 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, September 21, 2011 Commissioner Miller moved to approve the minutes as presented. Second: R. Doughty. Vote: 5-0. All voted in favor of the motion to approve the minutes as presented: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. Chairman Norvell: The minutes are approved.

3 3 4 Board Chairman Announcements a. November Board meeting is scheduled for Wednesday, November 16, 2011 in Albuquerque, NM b. December Board meeting is scheduled for Wednesday, December 14, 2011 in Albuquerque, NM 5 Pending Administrative and Enforcement Actions 1. Consideration of approval of Recommendation of Dismissal with Prejudice, Zia Park, L.L.C.; Cause Nos EA, EA, EA, EA, SA, EA, EA, EA, EA, EA, EA Commissioner Miller moved to approve the Recommendation of Dismissal with Prejudice, Zia Park, L.L.C. Second: R. Doughty. There was no discussion. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. Chairman Norvell: The recommendation of dismissal with prejudice is approved. 2. Consideration of approval of settlement agreement; My Way Holdings; Cause No SA Commissioner Prelo moved to approve the settlement agreement with My Way Holdings. Second: S. Miller. There was no discussion. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. Chairman Norvell: The motion is agreed to and the settlement agreement is approved.

4 4 6. Licensing Renewals of Gaming Licenses for 2011 a. American Legion Post #90 (Los Alamos, NM) b. B.P.O. Elks #2500 (Rio Rancho, NM) - TABLED c. FamJam, L.L.C. (Albuquerque, NM) d. Fraternal Order of Eagles #4038 (Las Cruces, NM) e. Fraternal Order of Eagles #4101 (Alamogordo, NM) With Existing Condition: No person removed as a trustee, officer, employee, key person or work permittee of FOE #4101 by the Fraternal Order of Eagles Grand Aerie may hold a certification of findings of suitability as a key person or a work permit, or otherwise be involved in the gaming operations in any manner. f. Fraternal Order of Police #3 (Santa Fe, NM) With Existing Condition: Licensee will not allow Margaret Dubois or Benito Gonzales to be involved in gaming in any way, including maintaining custodial control of gaming documents. g. Veterans of Foreign Wars #7686 (Alamogordo, NM) Chairman Norvell entertained a motion to table B.P.O. Elks #2500. M. Prelo. Second: S. Miller. Vote: 5-0. All voted in favor of the motion to table BPO Elks #2500: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. Chairman Norvell: The motion is agreed to and the license will be tabled. Commissioner Miller moved to grant the remaining licenses including the two with conditions. Second: R. Doughty. There was no discussion. Vote: 5-0. All voted in favor of the motion to approve the renewals as announced by Mr. Baca: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. Chairman Norvell: The motion is agreed to and licenses are approved with the conditions.

5 5 7 Issuance of Findings of Suitability on Key and Affiliated Persons 1. New Applications a. Ernest Brown Gaming Accountant B.P.O. Elks #865 (Raton, NM) with new proposed condition that Mr. Brown shall not produce gaming financial statements. b. Kathryn Wall Gaming Accountant Fraternal Order of Eagles #3245 (Clovis, NM) c. Niki Lee Gaming Accountant Fraternal Order of Eagles #3245 (Clovis, NM) d. Bobby Hays Post Commander Veterans of Foreign Wars #7686 (Alamogordo, NM) e. Warren Booker Sr. Vice Commander Veterans of Foreign Wars #7686 (Alamogordo, NM) f. Bernie Gray Commander Veterans of Foreign Wars #10124 (Las Cruces, NM) 2. Renewal Key Persons a. Jose Salinas Gaming Manager American Legion Post #7 (Carlsbad, NM) b. Neil Davidson Chief Financial Officer, Treasurer, and Director Bally Gaming, Inc. (Las Vegas, NV) c. Martin Encinias-Angel Accountant B.P.O. Elks #1172 (Tucumcari, NM) with existing condition that Mr. Angel shall not produce gaming financial statements. d. William Fullerton Slot Manager FamJam, L.L.C. (Albuquerque, NM) e. Dale Huft Quartermaster Veterans of Foreign Wars #3015 (Clovis, NM) with existing condition that Mr. Huft shall not produce gaming financial statements. f. Ahmad Mughni Director of Slots Zia Park, L.L.C. (Hobbs, NM) 3. Key Person Updates a. Bobbie Nellis Gaming Manager American Legion Post #44 (Elephant Butte, NM) b. Veronica Tapia Gaming Manager Fraternal Order of Police #3 (Santa Fe, NM)

6 6 Commissioner Doughty moved to accept all the findings of suitability with conditions: Second: M. Prelo. There was no objection. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. Chairman Norvell: The motion is agreed to and all of the applications are approved. 8 Policy & Rulemaking Approval of disposition of obsolete, worn-out or unusable tangible personal property policy and appointment of committee Mr. Baca: Our policy requires that the approximate value of the items be included and that is not available at the present time. Perhaps we can table this until we can get the information to you. Commissioner Miller moved to table this request: Second: R. Doughty. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. Chairman Norvell: The motion is agreed to and the motion to disclose the property will be deferred. 9 Public Comments Zia Park expressed their gratitude of accepting the final step of the settlement agreement. 10 Adjournment. There being no other business to come before the Board, Chairman David Norvell entertained a motion to adjourn. M. Prelo. Second: R. Doughty. Vote: 5-0. All voted in favor of the motion: C. Londene, R. Doughty, D. Norvell, M. Prelo and S. Miller. /s/david L. Norvell, Chairman Date Approved: 11/16/2011