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BOARD OF REVIEW Minutes 20080603 BOARD OF REVIEW CITY OF MUSKEGO MINUTES OF MEETING HELD TUESDAY, JUNE 3, 2008 Chairman Lynda Guhr called the meeting to order at 5:05 p.m. Also present were Board Members Henry Posbrig and Thomas Ralston, Atty. Eric Larson representing the Board, Assessor Laura Mecha, Mark Link of Tyler Technologies, and Deputy Clerk Jill Blenski. Board Member Steven Roncke arrived at 6:30 p.m. Stuart Hamel of Tyler Technologies was present for the objections filed by Mr. Gary Gerlach. Ms. Blenski stated that the meeting was noticed in accordance with the open meeting law. Chairman Guhr stated the Board needed to consider a wavier for a late objector. Mr. Jeff Delaney, S104 W18665 Keiser Lane, appeared before the Board. The deputy stated that Mr. Delaney did not submit either the Objection Form or the Notice of Intent to File Objection with Board of Review to the Clerk’s office. Attorney Larson told Mr. Delaney that the law requires him to show evidence of extraordinary circumstances as to why the necessary forms were not timely filed. Mr. Delaney stated the correspondence he received from the City regarding his assessment is postmarked May 30; he just got it. Mr. Delaney presented the letter and envelope he received from the City to Chairman Guhr. Chairman Guhr noted the date on the letter is May 1. Assessor Mecha stated all the notices were mailed out May 1. She received an e-mail requesting a duplicate, which is the documentation Mr. Delaney has presented. Mr. Delaney confirmed that his wife requested the information. He further stated that he received his initial assessment notice in March. A copy was presented to Chairman Guhr. Ms. Guhr told Mr. Delaney that the notice received in March contained the necessary information regarding the Board of Review. Atty. Larson read the pertinent section from state statutes. Mr. Ralston stated that the onus for timely filing the Board of Review forms falls completely on the taxpayer. Thomas Ralston moved that the taxpayer did not show evidence of extraordinary circumstances and, therefore, would not be granted a waiver. Henry Posbrig seconded. Motion carried 3 in favor. The Board heard the following objections: Gary Gerlach appeared before the Board for the following five properties: Lannonwood 1 LLC, W171 S7592 Lannon Drive Lannonwood 2 LLC, W171 S7576 Lannon Drive Gregory Drive 11 LLC, S76 W16851 Gregory Ct. Gregory Drive 12 LLC, W168 S7604 Gregory Ct. Gregory Drive LLC, S75 W16830 Gregory North Mr. Gerlach stated each of the properties is identical. He agreed to having one hearing for all five properties. The evidence for one will apply to the other four. Atty. Larson noted that if there was any evidence specific to one of the properties, Mr. Gerlach could certainly present it. Board Member Steven Roncke is now present. Peter Gundrum, W166 S7122 Still Meadow Ct., was scheduled to appear before the Board but did not show. Board of Review Minutes Page 2 June 3, 2008 The Board continued to hear the following objections: William Schmidt, S76 W19083 Richdorf Drive Craig Jordan, W199 S7875 Sanctuary Court Thomas Christenson, S106 W20565 North Shore Lane Patricia McLaughlin, S76 W19116 Richdorf Drive Dennis Kharitou, W204 S8272 Pasadena Drive Board Member Thomas Ralston recused himself from hearing the following objection: Thomas Hoover, W204 S8338 Pasadena Drive The Board deliberated all of the objections as follows: Gerlach: Henry Posbrig moved to sustain the Assessor’s valuation for all five of the properties and to adopt the Findings of Fact, Determination and Decision. Thomas Ralston seconded; motion carried 3-0. Mr. Roncke did not deliberate and vote on the this matter as he was not present for the sworn testimony. Schmidt: Thomas Ralston moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Henry Posbrig seconded; motion carried 4-0. Jordan: Thomas Ralston moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Steven Roncke seconded. Motion carried 4-0. Christenson: Steven Roncke moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Thomas Ralston seconded; motion carried 4-0. McLaughlin: Steven Roncke moved that the Assessor’s valuation is incorrect and to set the assessment at Land: $68,700; Improvements: $118,800 for a total of $187,500 and to adopt the Findings of Fact, Determination and Decision. Thomas Ralston seconded. Motion carried 4-0. Kharitou: Henry Posbrig moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Thomas Ralston seconded; motion carried 4-0. Hoover: Steven Roncke moved to sustain the Assessor’s valuation and to adopt the Findings of Fact, Determination and Decision. Henry Posbrig seconded. Motion carried 3 in favor. The Notice of Board of Review Determination forms for the above objections will be mailed by certified mail. Board of Review Minutes Page 3 June 3, 2008 At 11:25 p.m., Henry Posbrig moved to adjourn to Thursday, June 4, 2008 at 9:00 a.m. Steven Roncke 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.)