STATE OF MICHIGAN

MICHIGAN GAMING CONTROL BOARD

PUBLIC MEETING

Cadillac Place

3062 W. Grand Blvd., Suite L-700

Detroit, Michigan

Tuesday, November 8, 2005

10:30 A.M.

MINUTES

On Tuesday, November 8, 2005, the Michigan Gaming Control Board held a public meeting at the Board office in the Cadillac Place, 3062 W. Grand Blvd, Suite L-700, Detroit, Michigan.

Present:            In attendance were the following Board members:

                                                 Damian Kassab, Chairman

                                                 Judge Benjamin Friedman

                                                 Donald Robinson

                                                 Barbara Rom

                         Also attending were:

                                                 Daniel Gustafson

                                                 Patty James

                                                 D/Lt. Marva Moore

                                                  Ben McMakin

                                                 Tom Barker

                                                 John Page

                                                 Jack Cahill

Business:          Board Chairman Damian Kassab called the staff briefing of the public meeting to order at 10:33 a.m.   Chairman Kassab invited Dan Gustafson to give an overview of the meeting’s agenda.

                        Mr. Gustafson advised the Board that the portion of reorganization on agenda item IV.H, the pending transfer of interest in Greektown, L.L.C., from Monroe Partners and Kewadin Greektown Casino to Greektown Holdings, L.L.C., will be considered by the Board at today’s meeting and the financing portion would be considered at a special meeting to be held on November 15, 2005.

                        Mr. Gustafson further advised the Board that there were last minute changes on agenda item IV.I that the Board members did not receive prior to the meeting and the amended resolution 2005-03 would be given to the Board.  Mr. Gustafson and Mr. Cahill proceeded to explain the changes.

                        Mr. Gustafson also advised the Board that under agenda item IV.J, the Board will be asked to consider whether it wants to issue a declaratory ruling for Skanska USA.  Mr. Gustafson further advised the Board of its options regarding this agenda item.

                        Upon conclusion of Mr. Gustafson’s overview, Chairman Kassab called the regular public meeting to order and noted for the record that Judge Stacey was not able to attend the meeting due to a prior commitment and that Mr. Robinson would be arriving shortly.

Chairman Kassab stated the first order of business was to approve the minutes from the October 11, 2005 meeting.   He requested a motion to approve the minutes from the October 11, 2005 meeting.

                        It was moved and seconded that the minutes of the October 11, 2005 meeting be approved.  Motion carried.

                        Next Chairman Kassab advised the Board that as the first order of business they would consider agenda item IV.J, Skanska USA’s request for a declaratory ruling to clarify whether or not it can issue a contribution to a charitable organization.  Chairman Kassab also noted for the record the presence of Ed Boucher, counsel for Skanska USA and George Fidoul, Co-Chief Operating Officer for Skanska USA.           

                        Chairman Kassab invited Mr. Gustafson to give a brief overview of this agenda item. 

                        After Mr. Gustafson’s overview and a discussion between Board members, Board staff and Skanska’s representatives, it was moved by Judge Friedman and seconded by Ms. Rom that the Board decline to issue a declaratory ruling and referring to Executive Director, Mr. Gustafson, to issue a letter to Skanska Building indicating that it is not necessary to issue a declaratory ruling in this matter.  A voice vote was taken.

                        Motion carried.

                        Mr. Gustafson next presented the Executive Director’s report.  In regards to staffing, Mr. Gustafson reported that the Board has hired no new employees since the last public meeting. 

                        In regards to the Board’s budget, Mr. Gustafson reported that for fiscal year 2006, from October 1, 2005 through October 31, 2005, the Board has incurred expenditures of $301,000 leaving the unexpended balance of 19 million plus in appropriated funding for FY 2006. 

                        Mr. Gustafson next reported that for October 2005, the aggregate revenue in taxes for all three Detroit casinos was up 9.76 percent compared to the same month last year.  The gaming taxes for the three Detroit casinos for October 2005 were 12.733 million compared to 11.6 million for the same period last year. 

                        Next, Mr. Gustafson updated the Board on MSP’s Board-related activities.  Mr. Gustafson advised the Board that he made a presentation to the Senate Gaming Committee and as a result of his presentation and direct conversation with Senator Allen, the chairman of the committee, a commitment was received to allow MSP to fill most of its vacant positions.

                        Upon conclusion of Mr. Gustafson’s report, Chairman Kassab requested a motion to accept the recommendations of the Executive Director and the Licensing Division’s staff regarding the 50 Level 1 and 2 occupational license applications. 

                        It was moved by Ms. Rom and seconded by Judge Friedman to accept the recommendations of the Executive Director and the Licensing Division’s staff for the applications summarized in Exhibit 1.  A roll call vote was taken.

                                                 Chairman Kassab:            Aye

                                                 Judge Friedman:            Aye

                                                 Ms. Rom:                        Aye

                        Motion carried.

                        The Board next considered the Executive Director’s Report and the Licensing Division’s staff recommendations regarding the requests to withdraw the supplier license applications of Graphic Expressions, Inc., Micro Wise, Inc. and Les Stanford Chevrolet, Inc.

                        Chairman Kassab noted for the record that there were no representatives for any of the applicants present at the meeting.

                        There being no questions from Board members, it was moved by Ms. Rom and seconded by Judge Friedman that the Board enter orders granting the requests of Graphic Expressions, Inc., Micro Wise, Inc. and Les Standford Chevrolet, Inc. for withdrawal of their supplier license applications.  A voice vote was taken.

                        Motion carried.

                        The Board next considered the Executive Director’s Report and the Licensing Division’s staff recommendation regarding the request to withdraw the supplier license application and waive the one-year waiting period for reapplication of Adamo Demolition Company.

                        Chairman Kassab noted for the record that there were no representatives for the applicant present at the meeting.

                        After a brief discussion regarding the returning of campaign contributions, it was decided by the Board and Board staff to table this agenda item until the end of the meeting, so that Mr. Cahill could review the Campaign Finance Act.

                        The next agenda item considered was the Executive Director’s Report and the Licensing Division’s staff recommendations regarding the pending supplier license applications of Loco Promos, Inc. and The End Zone Chicken and Ribs.

                        Chairman Kassab noted for the record that there were no representatives for the applicants present at the meeting.

                        Therefore, it was moved by Judge Friedman and seconded by Ms. Rom that the Board enter orders finding and concluding that Loco Promos, Inc. and The End Zone Chicken and Ribs, L.L.C., and their qualifiers are eligible and suitable for licensure under the licensing standards of the Act and Rules of the Board. A voice vote was taken.

                        Motion carried.

                        The Board next considered the Executive Director’s Report and the Licensing Division’s staff recommendation regarding the pending application for approval of transfer of interest in Baratta Brothers, Inc., d/b/a Fairway Packing Company, between Angeline Baratta and Eugene C. Baratta, Joseph A. Baratta and Emmett Baratta.

                        Chairman Kassab noted for the record that there were no representatives for the applicant present at the meeting.

                        Therefore, it was moved by Ms. Rom and seconded by Judge Friedman that the Board enter an order approving the proposed transfer of interest in Baratta Brothers, Inc., d/b/a Fairway Packing Company, between Angeline Baratta and Eugene C. Baratta, Joseph A. Baratta and Emmett Baratta, under the licensing standards and requirements of the Act and Rules.  A voice vote was taken.

                        Motion carried.

                        The Board next considered the Executive Director’s Report and the Licensing Division’s staff recommendation regarding the eligibility and suitability of Barden Nevada Gaming, L.L.C., as a required key person/qualifier of casino licensee Greektown Casino, L.L.C.

                        Chairman Kassab invited Mr. McMakin to give a brief overview of the application.

                        After Mr. McMakin’s overview, Chairman Kassab noted for the record the presence of Mr. Don Barden and Mr. Len Wolfe, representing Barden Nevada Gaming, L.L.C. and Mr. Scott Romney, representing the Kewadin Casinos and Monroe Partners.

                        After questions from Board members were answered, it was moved by Ms. Rom and seconded by Judge Friedman that the Board enter an order finding and concluding that Barden Nevada Gaming, L.L.C., Barden Development, Inc., and Don H. Barden are eligible and suitable as required qualifiers of casino licensee Greektown Casino, L.L.C., under the licensing standards and requirements of the Act and Rules of the Board.  A roll call vote was taken.

                                     Chairman Kassab:         Aye

                                     Judge Friedman:            Aye

                                     Ms. Rom:                      Aye

                        Motion carried.

                        The Board next considered the Executive Director’s Report and the Licensing Division’s staff recommendation regarding the pending application for approval of transfer of interest in Greektown Casino, L.L.C., from Christopher Jackson and Arthur B. Blackwell, II, to Barden Nevada Gaming, L.L.C., d/b/a Fitzgerald’s Las Vegas.

                        Mr. Gustafson advised the Board that an application for transfer of interest in a casino licensee required a quorum of four Board members.  Therefore, Chairman Kassab noted for the record the arrival and presence of Board member, Donald Robinson. 

                        There being no questions from Board members, it was moved by Ms. Rom and seconded by Judge Friedman that the Board enter an order approving the proposed transfer of interest in Greektown Casino, L.L.C., from Christopher Jackson and Arthur B. Blackwell, II, to Barden Nevada Gaming, L.L.C., under the licensing standards and requirements of the Act and Rules of the Board.  A roll call vote was taken.

                                     Chairman Kassab:         Aye

                                     Judge Friedman:            Aye           

                                     Mr. Robinson:                Aye

                                     Ms. Rom:                     Aye

                        Motion carried.

                        The next agenda item considered by the Board was the Executive Director’s Report and the Licensing Division’s staff recommendation regarding the pending application for approval of transfer of interest in Greektown Casino, L.L.C., from Monroe Partners, L.L.C. and Kewadin Greektown Casino, L.L.C. to Greektown Holdings, L.L.C.

                        Chairman Kassab invited Mr. McMakin to give a brief summary of the application.  Chairman Kassab also noted for the record the presence of Mr. John Pirich and Mr. Mike DuBay appearing on behalf of the Sault tribe and Kewadin and Greektown Casinos.

                        After Mr. McMakin’s overview and questions from Board members were answered, it was moved by Mr. Robinson and seconded by Judge Friedman that the Board enter an order approving the proposed transfer of interest in Greektown Casino, L.L.C., from Monroe Partners, L.L.C. and Kewadin Greektown Casino, L.L.C., to Greektown Holdings, L.L.C., under the licensing standards and requirements of the Act and Rules of the Board.  A roll call vote was taken.

                                     Chairman Kassab:            Aye

                                     Judge Friedman:            Aye

                                     Mr. Robinson:            Aye

                                     Ms. Rom:            Aye

                        Motion carried.

                        The Board next considered the proposed Board Resolution No. 2005-03 to amend Board Resolution No. 2003-07. 

                        Once again, Chairman Kassab requested that Mr. McMakin give a brief overview of the proposed resolution.

                        Upon conclusion of Mr. McMakin’s summary and questions from Board members were answered, it was moved by Mr. Robinson and seconded by Ms. Rom that the Board adopt proposed Board Resolution No. 2005-03 to amend Board Resolution No. 2003-07.  A roll call vote was taken.

                                     Chairman Kassab:         Aye

                                     Judge Friedman:            Aye (Hesitantly)

                                     Mr. Robinson:               Aye

                                     Ms. Rom:                      Aye

                        Motion carried.

                        The Board next revisited agenda item C, the request to withdraw the supplier license application and waive the one-year waiting period for reapplication of Adamo Demolition Company.

                        After a discussion between Board members and staff, it was moved by Ms. Rom and seconded by Mr. Robinson that the Board approve the request to withdraw the supplier application and the waiver of the one-year waiting period for reapplication of Adamo Demolition Company conditioned upon staff notifying the Secretary of State to request the Campaign Committee to refund the improper contribution in accordance with the Campaign Finance Act.  A voice vote was taken.

                        Motion carried.

                        Next Chairman Kassab requested a motion for the Board to go into closed session.

                        Therefore, it was moved by Mr. Robinson and seconded by Ms. Rom that the Board go into closed session immediately following the conclusion of the public meeting for the purpose of receiving legal advice and counsel from the Board’s attorney regarding pending Board litigation, and receiving confidential notification from the Executive Director regarding the names of individuals placed on the Board’s Disassociated Persons List since the Board’s last public meeting as required by the Act.  A roll call vote was taken.

                                     Chairman Kassab:            Aye

                                     Judge Friedman:              Aye

                                     Mr. Robinson:                  Aye

                                     Ms. Rom:                        Aye

                        Motion carried.

                        Chairman Kassab noted for the record that there were no comments from the public and that a special meeting would need to be held to consider the refinancing of Greektown Casino, L.L.C.

                        Therefore, it was moved by Ms. Rom and seconded by Judge Friedman that the Board hold a special public meeting on Tuesday, November 15, 2005, at 6:00 p.m. for the purpose of considering a Board order to approve financing for Greektown Casino, L.L.C., and any licensing exemptions required for the transaction. 

                        Motion carried.

                        The meeting was adjourned at 12:27 p.m.

                               Patricia S. James

                               Board Secretary