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HomeMy WebLinkAbout02/28/2012 COW Minutes (Special)G� /�essis �� ,r �' ll�IDI SPECIAL MEETING MINUTES February 28, 2012 A Special meeting was convened on Tuesday, February 28, 2012. The meeting was called to order at 6:11 p.m. Upon roll call vote Mayor Wilks, Trustees Arlene Juracek, John Korn, Paul Hoefert, John Matuszak and Steven Polit were present. Trustee Zadel was absent. The purpose of the meeting was to hear an appeal from an Order to revoke the business license issued to Crystal Health Spa, 1135 Algonquin Road Mount Prospect, Illinois. Business license number 148. Mayor Wilks opened the appeal hearing by outlining the protocol for the proceedings. The Mayor specifically noted that this appeal was based strictly on the written record of the Hearing Officer's decision to revoke Crystal Health Spa's business license. Assistant Village Manager's David Strahl served as Hearing Officer and issued the revocation order. The Mayor noted that the Attorney for Crystal Health Spa, Mr. Shawn Kim, and the Village Attorney, Mr. Everette Hill, would be able to present oral arguments based on the written record as well as offer citation to applicable statutory and case law. Mr. Kim would be allotted twenty minutes per argument while Mr. Hill would be allotted fifteen minutes. Mr. Kim had the discretion to divide his time between an opening argument and a closing rebuttal argument. A court reporter was present and produced a verbatim transcript of the appeal hearing. The two attorneys' proceeded to argue their respective positions. Mr. Kim argued that his client had a ten year business history without incident. She was not present when the act of prostitution transpired and that the decision of the hearing officer to revoke the business license was too harsh. Mr. Hill argued that there was no testimony in the original hearing that disputed an act of prostitution took place. He also argued that the village code clearly provided for revocation of a business license on a first offense and therefore the hearing officer's decision was within his discretion. Village Board members directed several questions to both Messrs Kim and Hill. At 7:00 p.m. on a motion by Trustee Matuszak, seconded by Trustee Juracek the Village Board voted to go into Close Session for the propose of Legal Matters 51LCS 120/2 (c) (4) Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi- adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning. At 7:23 p.m. the Village Board reconvened in Open Session. The Village Board proceeded to announce its findings with regard to the following: • Trustee Juracek moved to uphold the hearing officer's determination that the licensee, by her agent, committed the fondling and touching of a patron's sexual or genital area, seconded by Trustee Matuszak. A roll call vote was unanimous in support of the motion. Trustee Hoefert moved to uphold the Hearing Officer's determination that the licensee, by her agent, performed an act for money and for sexual gratification which would have required the touching on the sexual organ of another person, seconded by Trustee Matuszak. A roll call vote was unanimous in upholding the motion. Trustee Polit moved to uphold the hearing officer's determination that the licensee maintained a nuisance within the Village, seconded by Trustee Juracek. A roll call vote was unanimous in upholding the motion. • Trustee Polit moved to uphold the hearing officer's penalty of revocation of Mount Prospect business license #148, seconded by Trustee Juracek. A roll call vote was unanimous to uphold the motion. Mayor Wilks announced that the Village Board would act on a final written order consistent with the Village Board findings, at its March 6 Village Board meeting. On a motion by Trustee Hoefert, seconded by Trustee Polit the Special Meeting was adjourned at 7:40 p.m. Immediately following the close of the appeal hearing, the Village Board reconvened in the Computer Lab in the lower level of Village Hall to undertake the State of Illinois required training on the requirements of the Open Meeting Acts. Village Clerk M. Lisa Angell oversaw the training session. All Board members present completed the training and were issued certificates of completion by the Attorney General's office. Village Manager Michael Janonis and Assistant Village Manager David Strahl also successfully completed the training. The training session was adjourned at 8:25 p.m. MICHAEL E. JANONIS Village Manager Special Meeting 3 -6 -2012 Page 2 of 2 H: \VILM \Cow \2012 \Minutes \Special Meeting 2- 28- 12.docx