Board of Review - MINUTES - 7/18/2013
CITY OF MUSKEGO Audio on file for seven years
2013 BOARD OF REVIEW
MINUTES OF MEETING HELD JULY 18, 2013
Chairman Guhr called the meeting to order at 5:05 p.m. The following Board of Review
members were present: Gary Boisits, Lynda Guhr, Henry Posbrig and Steve Roncke.
City Attorney Eric Larson, City Assessor Laura Mecha, Assessor Mark Link from Tyler
Technologies, and Deputy Clerk Jill Blenski were also present.
The Board heard the following objection:
Jeffrey and Jessi Rhine Tax Key #2212.110
S84 W12851 Schaefer Drive
The Board deliberated the following objection, which was heard on July 17, 2013:
Eric Sharon (Tax Key #2204.077): Gary Boisits moved to sustain the Assessor’s
valuation and to adopt the Findings of Fact, Determinations and Decision. Steve
Roncke seconded; motion carried 4 in favor.
At this time, Mr. Kohlenberg arrived. Mr. Kohlenberg was present as the agent for Tax
Key #2223.001 located at S83 W18310 Saturn Drive and Tax Key #2222.984.003
located at S81 W18460 Gemini Drive.
Prior to the case being called, Mr. Link addressed the Board regarding the objection
filed for Tax Key #2223.001. He submitted State Statute 70.47 (7) (af) which indicates
that “no person may appear before the board of review, testify to the board by telephone
or object to a valuation; if that valuation was made by the assessor or the objector using
the income method; unless the person supplies to the assessor all of the information
about income and expenses, as specified in the manual under s. 73.03 (2a), that the
assessor requests.” Mr. Link further submitted the correspondence from the assessor
dated February 4, 2013 requesting information from the property owner. The property
owner did not provide the requested information. Mr. Link stated the correspondence
was mailed first class to every commercial, income producing property. He requested
that the Board reject the objection submitted on behalf of the property owner based on
the state statute provided to the Board.
Mr. Kohlenberg responded to the statement of the assessor. He believes if the Board
chooses not to hear the case, his client will be denied due process. He encouraged the
Board to hear the case.
Gary Boisits moved that the Board denies the ability of the Keinert Family Limited
Partnership (Tax Key #2223.001) to proceed with a hearing pursuant to Wisconsin
State Statute 70.47.(7) (af) and that as a result, the objection is declared a nullity.
Henry Posbrig seconded. Mr. Boisits and Ms. Guhr stated the statute is very clear.
Attorney Larson went through the elements of the statute with the Board members, and
the Board found that the assessor requested income and expense information from the
taxpayer, and the taxpayer had not supplied the assessor with all of the information that
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July 18, 2013
the assessor requested. Upon a roll call vote, the motion to deny the hearing and
declare the objection a nullity passed 4 in favor.
Prior to the case being called, Mr. Link presented the same information regarding the
objection filed for Tax Key #2222.984.003 located on Gemini Drive and requested the
Board deny the ability for the matter to proceed based on State Statute 70.47 (7) (af).
Mr. Link further submitted the correspondence from the assessor dated February 4,
2013 requesting information from the property owner. The property owner did not
provide the requested information. Mr. Link stated the correspondence was mailed first
class to every commercial, income producing property. He requested that the Board
reject the objection submitted on behalf of the property owner based on the state statute
provided to the Board. Mr. Kohlenberg stated the same objections regarding the
assessor’s motion; he believes the Board should grant his client a hearing.
Gary Boisits moved that the Board denies the ability of Crown Development (Tax
Key #2222.984.003) to proceed with a hearing pursuant to Wisconsin Statute
70.47 (7) (af) and that as a result, the objection is declared a nullity. Steve Roncke
seconded. Attorney Larson went through the elements of the statute with the Board
members, and the Board found that the assessor requested income and expense
information from the taxpayer, and the taxpayer had not supplied the assessor with all
of the information that the assessor requested. Upon a roll call vote, the motion to
deny the hearing and declare the objection a nullity passed 4 in favor.
The Board took a brief recess.
Upon reconvening, the Board deliberated the following:
Daniel Wankowski (Tax Key #2200.021): Henry Posbrig moved to sustain the
Assessor’s valuation and to adopt the Findings of Fact, Determinations and
Decision. Gary Boisits seconded; motion carried 4 in favor.
Donald Dougherty (Tax Key #2252.983): Steve Roncke moved to sustain the
Assessor’s valuation and to adopt the Findings of Fact, Determinations and
Decision. Henry Posbrig seconded; motion carried 4 in favor.
Josiah Kim (Tax Key #2252.984): Henry Posbrig moved to sustain the
Assessor’s valuation and to adopt the Findings of Fact, Determinations and
Decision. Gary Boisits seconded; motion carried 4 in favor.
Jeffrey Rhine (Tax Key #2212.110): Gary Boisits moved to sustain the
Assessor’s valuation and to adopt the Findings of Fact, Determinations and
Decision. Henry Posbrig seconded; motion carried 4 in favor.
At this time, the Board went off the record to complete examination of the assessment
roll.
The Chair noted that the Board was back on the record. Gary Boisits moved that the
Board of Review approve the 2013 Assessment Roll as presented by the
Assessor and amended by the Board, and having performed all of its statutory
duties and completed all of its work that came before the Board, the Board of the
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July 18, 2013
Review adjourns sine die subject to the Clerk fulfilling the Clerk’s statutory
duties. Henry Posbrig seconded; motion carried. The Board adjourned at 7:50 p.m.
Minutes taken and transcribed by
Jill Blenski, CMC, Deputy Clerk