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BOARD OF REVIEW Minutes 20060628 BOARD OF REVIEW CITY OF MUSKEGO MINUTES OF MEETING HELD WEDNESDAY, JUNE 28, 2006 The Board of Review of the City of Muskego was called to order by Vice Chairman Noah Fiedler at 5:04 PM. The Board had adjourned to this date at its June 12, 2006 meeting. Also present were Board Members James Burke, William Le Doux, and Steven Roncke, Atty. Eric Larson representing the Board, Assessor Laura Mecha, Atty. Timothy J. Andringa representing the Assessor, Deputy Clerk Jill Blenski, Court Reporter Andrea Stewart, Arthur Dyer, agent for Parkland Venture LLC and Atty. Richard Frederick representing Mr. Dyer. The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. Mr. Fiedler stated that the Board would continue to hear the open case of Parkland Venture LLC. Quinn Piala appearing for the City Assessor was sworn in by the Deputy Clerk. The Board heard sworn testimony from Mr. Piala. Atty. Andringa requested the resume and curriculum vitae of Mr. Piala be marked as City Exhibit 5. During the cross examination of Mr. Piala, Atty. Frederick introduced Petitioner’s Exhibits 44 and 26. City Assessor Laura Mecha was sworn in by the Deputy Clerk. The Board heard sworn testimony from Ms. Mecha. Atty. Larson noted for the record that the Board received a brief from both the City and Taxpayer and also received reply briefs from both of them. Mr. Fiedler confirmed that the brief from the Taxpayer is dated June 20 and the one from the Assessor’s Counsel is dated June 21. The reply briefs from both parties are dated June 28. During the cross examination of Ms. Mecha, Atty. Frederick introduced Petitioner’s Exhibits 45 and 46. The Board took a brief recess. Upon reconvening, Exhibit 47 was marked. Arthur Dyer was sworn in by the Deputy Clerk. The Board heard sworn testimony from Mr. Dyer. Atty. Frederick introduced Petitioner’s Exhibits 23 and 30. Atty. Andringa objected to Exhibit 30. Mr. Fiedler stated the Board would receive the Exhibit but it would not be used as a basis for the Board’s decision. Atty. Frederick also introduced Exhibits 32, 36 and 37 on behalf of the Petitioner. James Peterson was sworn in by the Deputy Clerk. The Board heard sworn testimony from Mr. Peterson. Atty. Frederick introduced Petitioner’s Exhibit 34. Atty. Andringa objected to Exhibit 34. The Board took another brief recess. Upon reconvening, Mr. Fielder noted that during the recess Petitioner’s Exhibit 48 was marked. The Exhibit was a CD containing pictures that Mr. Dyer showed the Board earlier during his testimony. Petitioner’s Exhibit 49 was also marked. Atty. Frederick moved that all the Exhibits introduced at today’s hearing be admitted into evidence. Mr. Fielder confirmed that the following Exhibits were submitted for the Petitioner: 44, 45, 46, 47, 23, 30, 32, 36, 37, 34, 48 and 49. It was noted that Exhibit 47 was introduced but there was no testimony regarding it. Mr. Fiedler stated that all the Exhibits would be accepted into evidence with the exception of Petitioner’s Exhibit 30 (Field Density Test Results) and portions of Mr. Peterson’s rebuttal report Exhibit 34 that refer to the test results. The Board had determined earlier that no new evidence would be allowed. Testimony was concluded. Closing statements were made by Atty. Frederick and Atty. Andringa. Board of Review Minutes Page 2 June 28, 2006 The Board requested transcripts of all the hearings held thus far. The Board determined that it would adjourn to Wednesday, July 26, 2006 at 5:00 PM for deliberation. At 9:42 PM, Mr. Le Doux moved to adjourn the Board of Review to Wednesday, July 26 at 5:00 PM to continue the Parkland Venture LLC case. Mr. Burke seconded; motion carried. Respectfully submitted, Jill Blenski, CMC Deputy Clerk (An audio recording of the entire proceedings will be on file in the Clerk-Treasurer’s office for seven years)