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COMMON COUNCIL Minutes 07-29-1997 CITY OF MUSKEGO (Corrected) COMMON COUNCIL MINUTES OF SPECIAL MEETING AND HEARING HELD JULY 29, 1997 The meeting was called to order at 7:03 P.M. by Mayor De Angelis. Also present were Aldermen D’Acquisto, Patterson, Pionek, Salentine and Slocomb, Clerk-Treasurer Marenda, City Attorney Rick Trindl and Court Reporter Gayle Pruefert. Aldermen Sanders and Woodard were absent. The Clerk-Treas. stated notice of the meeting was given in accordance with the Open Meeting Law. The hearing was being held In the Matter of Revocation or Suspension of “Class B” Retailer’s License for the Sale of Fermented Malt Beverages and Intoxicating Liquors of B. J. Mack’s, Inc. d/b/a The New Klub 24, Bette Makolondra, Registered Agent. City Attorney Trindl outlined the reasons for the hearing which was in response to a complaint filed by Atty. Ronald G. Pezze, Jr. On behalf of James T. Crivello asking for revocation of the liquor license of Bette Makolondra, and explained the procedures to be followed. Counsel for Bette Makolondra, Atty. Kimberly Theobald moved that this meeting be adjourned due to the inability of her client to be present due to recent surgery. Atty. Pezze opposed adjournment in accordance with documents submitted, and noted she had attended the court hearing yesterday. Atty. Theobald noted she left during the hearing due to her health. Atty. Trindl advised the Council there is an Affidavit of Service indicating the licensee was served on July 24, 1997 with a summons for this year hearing. (corrected at 8/12/97 Council meeting) There has been no contact regarding adjournment. Atty. Theobald noted Marty Makolondra was served, not Mrs. Makolondra. Ald. Patterson moved to deny the motion to adjourn. Ald. D’Acquisto seconded, motion carried 5-0. Atty. Ron Pezze representing Jim Crivello, landlord of the premises, presented his opening statement. Atty. Kimberly Theobald representing Bette Makolondra again objected to the hearing due to her client’s inability to attend, and stated again client was not properly served for hearing. She reserved her right to withhold opening statement until completion of Atty. Pezze’s examination of witnesses. Atty. Pezze called his first witness, James T. Crivello, owner of tavern at S66 W14475 Janesville Rd. Mr. Crivello presented his testimony under oath. Atty. Pezze submitted check dated 4/21/97 marked NSF from Bette J. Makolondra to J. C. Hammers for April rent-ins-prorated bills which was marked as EXHIBIT 1. Atty. Pezze submitted two page handwritten agreement between Bette J. Makolondra and Brian Shanklin which was marked as EXHIBIT 2. Atty. Theobold cross examined Mr. Crivello and submitted a letter dated May 27, 1997 from Atty. Pezze to Mrs. Makolondra’s attorney at the time, Mr. Frank M. Cappozzo, SPECIAL COMMON COUNCIL MEETING AND HEARING Page 2 B. J. MACK’S - JULY 29, 1997 which was marked as EXHIBIT 3. Atty. Pezze moved to strike the document. Motion denied. Atty. Theobold submitted a copy of the Lease dated January 29, 1997 between J. C. Business Ventures, Ltd. by James Crivello, President and B. J. Mack’s Inc. By Bette J. Makolondra which was marked EXHIBIT 4. Atty. Pezze called Brian Dean Shanklin, 617 First Street, Delafield, WI 53018 as his next witness. Mr. Shanklin testified under oath, and he was cross examined by Atty. Theobold. Atty. Theobold called Martin E. Makolondra, 1230 Wisteria Lane, Waukesha, WI 53186, son of Bette Makolondra, as her first witness. He was cross examined by Atty. Pezze. Atty. Pezze presented his Closing Statements. Atty. Theobold presented her Closing Statements. Upon conclusion of the Hearing, Ald. D’Acquisto moved to convene into Closed Session pursuant to: §19.85(1)(a) Deliberating concerning a case which was the subject of any judicial or quasijudicial trial or hearing before that governmental body, more specifically concerning the matter of revocation or suspension of “Class B” Retailer’s License for the Sale of Fermented Malt Beverages and Intoxicating Liquors of B. J. Mack’s, Inc. d/b/a the New Klub 24, Bette Makolondra, Registered Agent. Ald. Slocomb seconded, motion carried 5-0. After the Closed Session, the Council reconvened into open session to continue with agenda items. Reso. #182-97 - Resolution Approving Finding of Facts and Determination In the Matter of Revocation or Suspension of “Class B” Retailer’s License for the Sale of Fermented Malt Beverages and Intoxicating Liquors of B. J. Mack’s, Inc. D/b/a The New Klub 24, Bette Makolondra, Registered Agent. The Finding of Facts and Determination was read, indicating the complaint was dismissed. Ald. D’Acquisto moved for adoption. Ald. Salentine seconded, motion carried 5-0. Ald. D’Acquisto moved to adjourn at 10:02 P.M. Ald. Slocomb seconded, carried. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer The full and complete minutes of the meeting and hearing were taken by a Court Reporter, and a transcript may be obtained.