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Home My WebLink About2006-07-24 Special Meeting MinutesMINUTES OF THE JULY 24, 2006, 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 6:07 pm by Mayor Krier. Village Clerk Carol A. Fritzshall called the roll. In attendance were: Elected Officials: Mayor Richard Krier, Trustees Georgianne Brunner, Dan DiMaria (arrived at 6:09 pm), Rita Minx, Dan Staackmann and Village Clerk Carol A. Fritzshall Village Staff: Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, Chief Paul L. Tasch, Jr., Fire Chief Tom Friel, Interim Finance Director Steven Drazner, Officer Paul Yaras, Village Prosecutor Frank Tennant Absent: Trustees Roy Kogstad and Dale Senensky Also Present Sami Moshi and his attorneys Robert J. Weber and Konstantina J. Tsatsoulis, Court Reporter Joyce Fancsalszki of Romay Corporation. 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 Sam's Food, Tobacco, Beer, and Wine, Inc. (Licensee) revoking the business license for the business known as Cigarette Max located at 7182 Dempster Street, Morton Grove, Illinois. After preliminary comments by Mayor Krier, the hearing began. The Village was represented by Corporation Counsel Teresa Hoffman Liston and the Licensee was represented by Robert J. Weber. Both sides made opening statements. The Village called acting Finance Director Steven Drazner and Police Officer Paul Yaras as its witnesses. The Licensee called Sami Moshi as its witness. Trustee DiMaria made a motion to recess the Special Meeting at 7:27 pm so the Village Board members could attend the regular meeting of the Village Board of Trustees. The motion was seconded by Trustee Staackmann and approved unanimously via a voice vote. The Special Meeting reconvened at the adjournment of the regular meeting at 8:54 pm pursuant to a motion made by Trustee DiMaria, seconded by Trustee Minx and approved unanimously via a voice vote. The testimony of Sami Moshi was concluded and Officer Yaras testified again as a rebuttal witness. The following documents were admitted into evidence: Village Exhibit #1 Copy of Village Code, Section 4-1-9 entered via stipulation Village Exhibit #2 Order of the Liquor Control Commission dated September 12, 2005, entered via stipulation Village Exhibit #3 Order of the State of Illinois Liquor Control Commission dated November 21, 2005, entered via stipulation Village Exhibit #4 Citation No. P0474165 entered via stipulation Village Exhibit #5 Copy of Village Code, Section 4-3-3 entered via stipulation Village Exhibit #6 Copy of Morton Grove Police Department report dated May 18, 2006, by Officer Paul Yaras admitted over the objection of the Licensee Village Exhibit #7 Fourteen photographs of the interior of Cigarette Max taken on May 18, 2006, entered via stipulation Village Exhibit #8 Copy of Findings, Decision, and Order by Elizabeth M. Rochford on June 14, 2006, regarding citation P0474165 entered via stipulation Village Exhibit #9 Copy of correspondence dated June 16, 2006, to Sam Moshi from Interim Finance Director Steven Drazner entered via stipulation Village Exhibit #10 Correspondence to Sam Moshi dated July 7, 2006, from Interim Finance Director Steven Drazner entered via stipulation Village Exhibit #11 Copy of Lease Extension Agreement dated March 13, 2003, executed by Sam Moshi entered without objection Village Exhibit #12 Statement of Sam Moshi dated September 3, 2005, admitted as to the first two paragraphs only without objection Village Exhibit #13 Copy of an Illinois Secretary of State Corporation File detail Report regarding Sam's Food, Tobacco, Beer & Wine Corporation printed on July 13, 2006, entered without objection Licensee Exhibit #1 Large section of kraft paper admitted entered via stipulation Licensee Exhibit #2 Copy of the 2005 Liquor License granted to Sam's Food, Tobacco, Beer & Wine Corporation-ThaeraMoshi, President, Sami Moshi, Vice-President entered without objection Licensee Exhibit #3 Copy of the Illinois Department of Revenue certificate of registration for Sam's Food, Tobacco, Beer & Wine Corporation entered without objection Licensee Exhibit #4 Anheuser-Busch, Inc. invoice dated August 18, 2005, entered without objection Licensee Exhibit #5 Oak Terrace Beverage, Inc. invoice dated August 18, 2005, entered without objection Licensee Exhibit #6 Louis Glunz Beer, Inc invoice dated August 19, 2005, entered without objection Licensee Exhibit #7 Union Beverage Company invoice dated August 24, 2005, entered without objection Licensee Exhibit #8 Invoice from Joseph Mullarekey Distributors dated August 22, 2005, entered without objection Licensee Exhibit #9 Handwritten sign regarding identification to purchase alcohol entered without objection Licensee Exhibit #10 Copy of an Illinois Secretary of State Corporation File detail Report regarding Sam's Food, Tobacco, Beer & Wine Corporation printed on July 11, 2006, entered without objection The Village Board then heard closing arguments from both sides. Trustee DiMaria moved to adjourn to Executive Session to review the testimony and evidence presented at the hearing. The motion was seconded by Trustee Minx and approved unanimously via roll call vote at 10:24 pm. The Executive Session was adjourned via motion by Trustee Brunner, Seconded by Trustee Minx and approved unanimously via a roll call vote at 10:35 pm. Trustee DiMaria then made a motion to deny the appeal of Sam's Food, Tobacco, Beer & Wine Corporation, the motion was seconded by Trustee Brunner and approved unanimously via a roll call vote. Trustee Minx moved to adjourn the Special Meeting at 10:36 pm. The motion was seconded by Trustee Brunner and approved unanimously via a voice vote. Minutes by: Carol A. Fritzshall, Village Clerk PASSED THIS day of 2006. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmann APPROVED BY ME THIS day of 2006 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This day of 2006 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois legis~minutes~specialmeetingminutes.07-24-06