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HomeMy WebLinkAbout2007-10-15 Special Meeting MinutesMINUTES OF THE OCTOBER 15, 2007, SPECIAL MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE RICHARD T. FLICKINGER MUNICIPAL CENTER- TRUSTEES CONFERENCE ROOM 6101 CAPULINA MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Illinois Open Meetings Act, the Special Meeting was called to order at 6:10 pm by Mayor Richard Krier. Corporation Counsel Teresa Hoffman Liston called the roll In attendance were: Elected Officials: Trustee Georgianne Brunner, Trustee Shel Marcus, Trustee Rita Minx, Trustee Dan Staackmann, Trustee John Thill Absent: Trustee Roy Kogstad, Village Clerk Carol A. Fritzshall Village Staff: Corporation Counsel Teresa Hoffman Liston, Commander Brian Bolger, Detective Andrew Novak, Finance Director Daniela Partipilo, Village Prosecutor Frank Tennant, Community and Economic Development Director Bill Neuendorf Also Present Henry B. Samuels, attorney for Thanhchi Thi Nguyen, Licensee of Renovo Salon and Spa, various members of the public and members of the press. President Krier welcomed the assemblage and led them in the pledge of allegiance. Mayor Krier stated the purpose of this meeting was to hear and decide an appeal filed by Thanhchi Thi Nguyen, the Licensee, regarding the business license held for Renovo Salon and Spa, 5641 Dempster Street, Morton Grove, Illinois. After preliminary comments by Mayor Krier, the hearing began. The Village was represented by Prosecutor Frank Tennant and the Licensee was represented by Henry B. Samuels of the law firm of Samuels and Bernstein. Trustee Brunner moved the Village adopt Rules of Procedure, attached hereto as Exhibit `A". The motion was seconded by Trustee Minx. The Licensee objected to Rules of Procedure 8b which provided, "formal rules of evidence shall not apply", 8d which provided, "relevant documents maybe received into evidence without formal proof of authenticity", and 8e which provides, "hearsay testimony maybe admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs". Over his objection, the Board voted unanimously to adopt the Rules of Procedure as originally presented. The Licensee then asked the Board to consider a motion to resolve this matter short of a full revocation. The Village Prosecutor objected to this request. Mayor Krier asked for a motion to adjourn to Executive Session to discuss this request, however no such motion was made. Village Prosecutor Frank Tennant then made a motion to exclude all witnesses. The attorney for the Licensee joined in this motion and was approved by Mayor Krier. Both parties then made opening statements. The Village then moved to introduce a copy of the Order entered into by the Local Liquor Commissioner on September 7, 2007. Over the Licensee's objection, Mayor Krier admitted this document into evidence as Village Exhibit #1, a copy of which is attached to these minutes. The Village Prosecutor then moved to admit a packet of documents marked as Village Exhibit #2. These documents included: 1. October 15, 2007, Notice/Agenda 2. Village Code Section 4-1-9 3. Correspondence from Finance Director Partipilo dated August 29, 2007 4. Local Liquor Control Commission Order dated August 29, 2007 5. Correspondence from Henry B. Samuels dated September 10, 2007 with attached documentation 6. Correspondence from Finance Director Partipilo dated September 13, 2007 7. Correspondence from Henry B. Samuels dated September 18, 2007 8. Copy of the police report regarding the criminal investigation surrounding Renovo Salon and Spa Mr. Samuels objected to the admission of the Police Report and the admission of the Orders of the Liquor Control Commission. Mayor Krier sustained the objection as to the Police Report but overruled the objection as to the Liquor Control Orders. All the above documents were then admitted as Village Exhibit " 2 ", a copy of which is attached. The Village then called Commander Brian Bolger, Detective Andrew Novak, and Finance Director Partipilo. These witnesses were cross examined by the Licensee's attorney. The Village then rested. At the close of the Village's case, the Licensee moved for a directed finding. This motion was denied. The Licensee rested without putting on a case. The Village Board then heard closing arguments from both sides. Trustee Minx moved to adjourn to Executive Session to deliberate on the evidence heard at the hearing. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a roll call vote at 8:47 pm. Following the Executive Session, the Special Meeting was adjourned via motion by Trustee Minx at 9:12 pm. The motion was seconded by Trustee Brunner and approved unanimously via a voice vote. Trustee Staackmann then made a motion to deny the appeal of Thanhchi Thi Nguyen to revoke her Business License with respect to Renovo Salon and Spa, 5641 Dempster Street, Morton Grove, Illinois. The motion was seconded by Trustee Marcus and approved unanimously via a roll call vote. Trustee Minx moved to adjourn the Special Meeting at 9:18 pm. The motion was seconded by Trustee Brunner and approved unanimously pursuant to a voice vote. Minutes by: Teresa Hoffman Liston, Corporation Counsel PASSED THIS 22°d day of October 2007. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 22°d day of October 2007 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 23`d day of October 2007 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois 1 egis~minutes~specialmeetingminutes. l 0-15-07