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BOARD OF REVIEW Minutes 20080521 CITY OF MUSKEGO Audio on file for seven years BOARD OF REVIEW MINUTES OF MEETING HELD MAY 21, 2008 Clerk-Treasurer Janice Moyer called the Board of Review meeting to order at 5:00 pm. Board of Review members present: Raymond Ingold, Henry Posbrig, Dean Bartosh, Lynda Guhr, Dawn Schiel. City Assessor Laura Mecha, Assessor Mark Link from Tyler Technologies, Attorney Eric Larson and Clerk-Treasurer Janice Moyer were also present. The Clerk-Treasurer stated that the Board of Review Notice was posted on April 23, 2008, and published on May 1, 2008. The agenda for this meeting was noticed in accordance with the Open Meeting Law. The Clerk-Treasurer requested nominations for Chairman. Dawn Schiel moved to nominate Lynda Guhr as Chairman. Henry Posbrig seconded. There were no other nominations; motion carried. The Clerk-Treasurer requested nominations for Vice Chairman. Dawn Schiel moved to nominate Henry Posbrig as Vice Chairman. Dean Bartosh seconded. There were no other nominations; motion carried. Lynda Guhr was elected Chairman and Henry Posbrig Vice Chairman. Lynda Guhr assumed the Chair. The Clerk-Treasurer stated that the Department of Revenue had been notified on May 14, 2008, that the requirement for training had been met by Steven Roncke, Henry Posbrig, Lynda Guhr, Dean Bartosh, Dawn Schiel, Thomas Ralston, and Robert Bueckers. The assessment roll and sworn statement from the Clerk were received by the Board. Assessor Mark Link from Tyler Technologies noted the following for the 2008 assessment year:  2008 is a revaluation year. Property owners were notified March 24, 2008, of their new assessments.  Open Book was held in April. Property owners were given the opportunity to meet with an appraiser for an explanation of their new assessment. There were 588 Open Book appointments, 322 changes were made, 249 no change, and 17 discoveries. All property owners attending Open Book were send a notice on either May 2 or 5, 2008, notifying them of the results of Open Book.  Total real estate value is $2,610,840,600, 10% increase from 2007.  Reviewed the property assessment card and comparable property sheet with the Board of Review members. Establish Procedures of Operation - the Board of Review decided to hear objections at the scheduled times and then deliberating the cases at the end of each day. If there is a missed appointment or break, the Board of Review could deliberate a case during that time. A Findings of Fact, Determinations and Decision form will be used for each case. Page 2 Board of Review May 21, 2008 The Clerk will keep the official Findings of Fact, Determinations and Decision. Attorney Eric Larson reviewed Board of Review process with the members. The Clerk-Treasurer had distributed the schedules for all Board of Review sessions. Each person given an appointment had fulfilled the 48 hour notice requirement and had filed a Notice of Intent to File Objection and Objection Form for Real Property Assessment from with the Clerk-Treasurer. The Board of Review then considered the following late objectors: Mark Geiger, W204 S8180 Pasedena Drive, Muskego (Tax key # 2229063)– stated that he received a bank appraisal on May 20. The appraisal was done on April 23. He filed late and is now asking the Board of Review to hear his case. The Board of Review felt that he knew about the appraisal in April and should have filed timely. Assessor Mark Link stated the timing of the notices sent to Mr. Geiger. Attorney Larson stated that the property owner should be providing good cause for filing late. Motion by Dawn Schiel, second by Dean Bartosh to deny the request for a hearing. Notification to property owner was done in March, the property owner had time to file. A roll call vote was taken, motion carried with 5 members voting aye. Attorney Larson informed Mr. Geiger that he could file with the Board of Review for the 2009 assessment year. Steven Anderson, S71 W3203 Tess Corners Drive, Muskego (Tax Key # 2206999002) – Mr. Anderson stated that he received the forms from the Assessor’s Office. In that event, he was not given an appointment by the Clerk-Treasurer’s Office. He stated that he made a procedural error in the filing process. He also stated that his work schedule had shortened his week and he was confused on the day of the week. Motion by Raymond Ingold, second by Henry Posbrig to allow a hearing. Raymond Ingold felt that the notice provided by the Assessor could be confusing. Lynda Guhr and Dawn Schiel felt that the interaction he had with the city office should not have caused confusion. A roll call vote was taken, motion failed with Lynda Guhr, Dean Bartosh, and Dawn Schiel voting no. Richard Lennertz, S71 W12809 Tess Corners Drive, Muskego (Tax key # 2205990003 and 2205990005)– Mr. Lennertz stated that he was confused with the process. He stated that he did not recall getting the notice from the Assessor after he attended the Open Book Session. There was discussion concerning how City staff notifies property owners of the Board of Review process and schedules hearings. Motion by Dawn Schiel, second by Henry Posbrig to deny the request for a hearing. Dawn Schiel felt that the Mr. Lennertz knew that the assessor was going to send a second notice. When he didn’t receive the notice it was his responsibility to follow-up with the City. A roll call vote was taken, motion carried with 5 members voting aye. Kim Meyer, W198 S11007 Racine Avenue, Muskego (Tax key # 2287991) – Mr. Meyer stated that he was confused by the form and the Board of Review process. Motion by Dawn Schiel, second by Henry Posbrig to deny the request for a hearing. A roll call vote was taken, motion carried with 5 members voting aye. Page 3 Board of Review May 21, 2008 The following property owners had properly filed a Notice of Intent to File Objection and Objection Form for Real Property Assessment. Laura/Kim Seiler, W198 S10785 Red Oak Court, 2287023.007 Shane Hansen, W186 S8645 Douglas Drive, 2223.066 Stephen Godfrey, vacant land, 2270.998 Michael Glapinski, S72 W17415 Schubring Drive, 2193.987 Dave Saphner, W196 S8859 Windover Court, 2237.025 Donald Banker, W186 S7576 Kingston Drive, 2195.022 Barbara Lemke. W174 S6891 Mary Beck Court, 2176.213 James Mantey, S68 W13075 Camilla Drive, 2164.107 had requested a hearing but was not present for his appointment with the Board of Review. His case was not heard. The Board of Review heard the following objections: Seiler: Dean Bartosh moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Henry Posbrig seconded; motion carried 5-0. Hansen: Dawn Schiel moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Raymond Ingold seconded; motion carried 5-0. Godfrey: Henry Posbrig moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Dawn Schiel seconded; motion carried 5- 0. Glapinski: Raymond Ingold moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Henry Posbrig seconded; motion carried 5-0. Saphner: Dawn Schiel moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Dean Bartosh seconded; motion carried 5-0. Banker: Dean Bartosh moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Henry Posbrig seconded; motion carried 5-0. Lemke: Henry Posbrig moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Raymond Ingold seconded; motion carried 5-0. The Notice of Board of Review Determination forms for the above objections will be mailed by certified mail. Page 4 Board of Review May 21, 2008 Dawn Schiel moved to adjourn to Thursday, May 22, 2008 at 5:00 pm. Henry Posbrig seconded; motion carried. The May 21, 2008 session of the Board of Review adjourned at 10:30 pm. Janice Moyer City Clerk-Treasurer CityHall/BORM20080521.doc