Board of Review Packet 05122023CITY OF MUSKEGO
BOARD OF REVIEW AGENDA
05/12/2023
10:00 AM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF MINUTES
Approval of July 21, 2022 Minutes
BORM22.07.21.pdf
BUSINESS
Select a Chairperson
Select a Vice Chairperson
Verification of Training Requirement Pursuant to Wis. Stat. §70.46(4)
Verify that the City has an Ordinance for the Confidentiality of Income and Expense Information
Provided to the Assessor Under State Law, Wis. Stats. 70.47 (7)(af)
ORD999-Confidentiality.pdf
Review Policy Regarding the Procedure for Sworn Telephone Testimony or Sworn Written
Testimony Requests
Sworn Testimony-Signed.pdf
Review Policy Regarding the Procedure for Waiver of Board of Review Hearing Requests
Waiver of Board_of Review_Hearing-Signed.pdf
Filing and Summary of Annual Assessment Report by Assessor's Office
Receipt of Assessment Roll by the City Clerk from the Assessor
Receive the 2023 Assessment Roll and Sworn Statements from the Clerk
Review Assessment Roll and Perform Statutory Duties:
• Examine the roll
• Correct description or calculation errors
• Add omitted property
• Eliminate double assessed property
Certify all corrections of error under state law (Wis. Stat. § 70.43)
Verify with the Assessor that open book changes are included in the assessment roll
Allow taxpayers to examine assessment data
During the first two hours, consideration of:
• Waivers of the required 48-hour notice of intent to file an objection when there is good cause
• Requests for waiver of the BOR hearing allowing the property owner an appeal directly to the
circuit court
• Requests to testify by telephone or submit a sworn written statement
• Subpoena requests
• Act on any other legally allowed or required BOR matters
Review Notices of Intent to File Objection
Proceed to hear objections and proper notice/waivers given, if any (unless scheduled for
another date)
Consider Request to Testify by Telephone at the Board of Review Submitted by Whitney Petersen,
S75W17476 Janesville Road, Tax Key No. 2193.104.
Consider Assessor's Request for Waiver for Board of Review Hearing - Muskego School
Apartments LLC, S75W17476 Janesville Road, Tax Key No. 2193.104.
Consider/Act on Scheduling Additional BOR Date(s)
Adjourn for Additional Hearings if Necessary or if None, Adjourn Sine Die
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE
MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN
BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY
REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS
THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT
MUSKEGO CITY HALL, (262) 679-4100.
K
CITY OF MUSKEGO
Unapproved
BOARD OF REVIEW MINUTES Audio on file for seven years.
July 21, 2022 C4 of
9:00 AM MUSKEGO
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Chairperson Keil called the meeting to order at 9:02 am.
ROLL CALL
Present: Board Members Lynda Guhr, Mara Spring, Jeremy Keil, Gerald Boisits and Henry
Posbrig.
Also present: City Attorney Jeff Warchol and Deputy Clerk Roller and Assessors Mark Link and
Nick DePalma from Tyler Technologies.
STATEMENT OF PUBLIC NOTICE
Deputy Clerk Roller stated the meeting was noticed in accordance with the Open Meetings Law.
APPROVAL OF MINUTES
• September 1, 2021
• September 2, 2021
• June 1, 2022
Mara Spring made a motion to approve the minutes, Henry Posbrig seconded, motion carried.
BUSINESS
Verify that the City has an Ordinance for the Confidentiality of Income and Expense Information
Provided to the Assessor Under State Law, Wis. Stats. 70.47 (7)(af)
The Board confirmed that the City adopted an Ordinance in 1999 that complies with
Wisconsin State Statutes
Review Policy Regarding the Procedure for Sworn Telephone Testimony or Sworn Written
Testimony Requests
The Board reviewed and acknowledged the existing policy is in in place.
Review Policy Regarding the Procedure for Waiver of Board of Review Hearing Requests
Attorney Warchol commented the importance of this policy because it states the
criteria for this procedure. The Board reviewed and acknowledged the existing policy is
in place.
Note: Due to the Assessment Roll not being ready and the two-hour waiting period for late
objectors the remaining items were addressed out of order. Assessor Link stated the County
presented the assessment roll last evening around 11:30 pm, and it is still be printed to present
to the Deputy Clerk.
Assessor Link stated he will provide the Summary of the Annual Assessment Report
During the interim of producing the roll, Assessor Link provided information of the
Summary which can be viewed at the end of these meeting minutes.
Establish Procedures of Operation and Deliberations
Mara Spring made a motion to approve. Linda Guhr seconded; motion carried.
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Board of Review Minutes
July 21, 2022
Page 12
Consider Action on Palpable Errors and Omitted Assessments
Assessor Link submitted the following correction to the 2021 Assessment Roll:
Parcel ID
2021
2021
Difference
Notes
Original Value
Corrected Value
MSKC2206.998.026
$185,500 Land
$180,900 Land
$4,600
Acreage
379,100 Building
379,100 Building
Correction
$564,600 Total
$560,000 Total
Gary Boisits made a motion to approve the correction to the 2021 Assessment Roll; Mara
Spring seconded. Motion carried.
• Approximately 9:39 am, the Board went off the record.
• The Board came back on record at 10 am.
Hearings and Decisions on Objections to Property Assessments
Assessor Link presented an Open Book Notice of Amended Assessment/Property Owner
Waiver of Amended Assessment and requested the Board accept the change to the 2022
Assessment Roll.
Parcel ID
2022
2022
Difference
Original Value
Amended Value
MSKC2199.999.002
$ 334,800 Land
$ 334,800 Land
$240,500
1,212,300 Building
971,800 Building
$1,547,100 Total
$1,306,600 Total
Linda Guhr made a motion to approve the amendment to the 2022 Assessment Roll; Gary
Boisits seconded. Motion carried.
Review of the 2022 Assessment Roll and Perform Statutory Duties
• Approximately 10:05 am, the Board went off the record to review the roll.
• Approximately 11:02 am, the Board came back on record, with no questions for
Assessor Link specific to the Assessment roll.
Consider Waivers of Late Objectors
It was noted that no late objections had been received as of 11 am. No action taken.
Adjourn for Additional Hearings if Necessary or if None, Adjourn Sine Die
At 11:03 am, Gary Boisits made a motion that the Board of Review approves the 2022
Assessment Roll as presented by the Assessor, and having performed all of its statutory
duties and completed all of its work that came before the Board, the Board of Review
adjourns sine die subject to the Clerk fulfilling the statutory duties. Mara Spring seconded;
motion carried.
Minutes taken and transcribed by Deputy Clerk Roller.
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #999
AN ORDINANCE RELATING TO THE CONFIDENTIALITY OF INFORMATION
ABOUT INCOME AND EXPENSES REQUESTED BY THE ASSESOR
IN PROPERTY ASSESSMENT MATTERS IN THE CITY OF MUSKEGO
WHEREAS, as part of the Budget Adjustment Act, 1997 Wisconsin Act 237, a number of
significant changes regarding property tax assessment appeals and Board of Review
procedures were enacted; and
WHEREAS, at Section 279(K) of 1997 Wisconsin Act 237, section 70.47(7)(af) of the
Wisconsin Statutes was created; and
WHEREAS, Section 70.47(7)(af), Wisconsin Statutes, requires that the municipality provide by
ordinance for the confidentiality of information about income and expense that is provided to the
Assessor under Section 70.47(7)(af), Wisconsin Statutes, and shall provide exceptions for
persons using the information in the discharge of duties imposed by law or of the duties of their
office or by order of the court,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA
COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Whenever the Assessor, in the performance of the Assessor's duties, requests or
obtains income and expense information pursuant to Section 70.47(7)(af), Wisconsin Statutes,
or any successor statute thereto, then, such income and expense information that is provided to
the Assessor shall be held by the Assessor on a confidential basis, except, however, that the
information may be revealed to and used by persons: in the discharging of duties imposed by
law; in the discharge of duties imposed by office (including, but not limited to, use by the
Assessor in performance of official duties of the Assessor's office and use by the Board of
Review in performance of its official duties); or pursuant to order of a court. Income and
expense information provided to the Assessor under Section 70.47(7)(af), unless a court
determines that it is inaccurate, is, per Section 70.47(7)(af), not subject to the right of inspection
and copying under Section 19.35(I), Wisconsin Statutes.
SECTION 2: SEVERABILITY.
The several sections of this ordinance are declared to be severable. If any section or portion
thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or
unenforceable, such decision shall apply only to the specific section or portion thereof directly
specified in the decision, and shall not affect the validity of any other provisions, sections or
portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and
effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
4i
Ordinance #999
SECTION 3: EFFECTIVE DATE.
This ordinance shall take effect immediately upon passage and publication as provided by law.
DATED THIS 12th DAY OF October, 1999.
CITY OF MUSKEGO
David L. DeAngelis, Mayor
ATTEST:
Clerk -Treasurer
City of Muskego Board of Review Policy on
Procedure for Sworn Telephone or Sworn Written Testimony
Requests
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Whereas, sec. 70.47(8), Wis. Stat. authorizes the Board of Review to consider
requests from a property owner or the property owner's representative to testify
under oath by telephone or written statements under oath to the Board of Review
and whether to allow the same; and
Whereas, the Department of Revenue has determined that the legal
requirements of the Notice to Appear at the Board of Review must be satisfied and
the Objection Form must be completed and submitted to the Board of Review as
required by law prior to a Request to Testify by Telephone or Submit Sworn
Written Statement form being submitted.
Now Therefore the Board of Review of the City of Muskego, Waukesha
County does hereby adopt as Board of Review policy the following:
1. PROCEDURE:
Before the Board of Review (hereinafter BOR) can consider a request from a
property owner or the property owner's representative (hereafter "owner") to testify by
telephone or submit a sworn written statement, the owner must first complete and file with
the clerk of the BOR the following documents. -
a) A timely Notice of Intent to appear at BOR;
b) A timely Objection Form for Real Property Assessment (PA-115A); and
c) A fully completed Request to Testify by Telephone or Submit a Sworn Written
Statement at Board of Review (Form PA-814)
Such requests must be filed with the clerk of the BOR within the first 2 hours of
the BOR's first scheduled meeting
If the owner fails to file the aforementioned documents as required, the BOR will not
consider the request.
2. CRITERIA:
The BOR may consider any or all of the following factors when deciding whether to grant or
deny the request:
a) The owner's stated reason(s) for the request as indicated on the PA-814
b) Fairness to the parties
c) Ability of the owner to procure in person oral testimony and any due
diligence exhibited by the owner in procuring such testimony
d) Ability to cross examine the person providing the testimony
e) The BOR's technical capacity to honor the request
f) Any other factors that the BOR deems pertinent to deciding the request
3. EFFECTIVE DATE:
This policy shall be effective upon passage.
Passed on the 17th day of July, 2019.
By the Board of Review of the City of Muskego
A�4& J ��&
Board Review Chairperson (Lynda Guhr)
Attested by
I Blenski, Clerk of the Board of Review
City of Muskego Board of Review Policy on
Procedure for Waiver of Board of Review Hearing Requests
00
Whereas, sec. 70.47(8m), Wis. Stat. authorizes the Board of Review to
consider requests from a taxpayer or assessor, or at its own discretion to waive the
hearing of an objection under sec. 70.47(8) or, in a first class city, under sec. 70.47(16)
and allow the taxpayer to have the taxpayer's assessment reviewed under sec.
70.47(13); and
Whereas, sec. 70.47(8m), Wis. Stat. further states that for purposes of this
subsection, the Board of Review shall submit the notice of decision under sec.
70.47(12), Wis. Stat. using the amount of the taxpayer's assessment as
established by the municipal assessor as the finalized amount; and
Whereas, sec. 70.47(8m), Wis. Stat. further states that for purposes of this
subsection, if the Board of Review waives the hearing, the waiver disallows the
taxpayer's claim on excessive assessment under sec. 74.37(3), Wis. Stat. and
notwithstanding the time period under sec. 74.37(3), the taxpayer has 60 days from the
notice of hearing waiver in which to commence an action under sec. 70.37(3)(d), Wis.
Stat.
Whereas, the Department of Revenue has determined that the legal
requirements of the Notice to Appear at the Board of Review must be satisfied and the
Objection Form must be completed and submitted to the Board of Review as required by
law by the taxpayer prior to a Request for Waiver being considered.
Now Therefore the Board of Review of the City of Muskego, Waukesha
County, does hereby adopt as Board of Review policy the following:
1. PROCEDURE:
Before the Board of Review (hereinafter BOR) can consider a request from a taxpayer or
assessor, or at its own discretion to waive the hearing of an objection, the taxpayer must first
complete and file with the Clerk of the BOR the following documents:
a) A timely Notice of Intent to appear at BOR; and
b) A timely Objection Form for Real Property Assessment (PA-115A);
If the owner fails to file the aforementioned documents as required, no hearing will be scheduled
on the objection.
If the owner files the aforementioned documents as required and a request from a
taxpayer or assessor, or at its own discretion is made to waive the hearing of an
objection, the BOR shall use the following criteria when making its decision.
2. CRITERIA:
The BOR, may consider any or all of the following factors when deciding whether to waive the
hearing:
a. The benefits or detriments of the BOR process
b. The benefits or detriments of having a record for the Court review
C. Avoidance of unruly, lengthy, burdensome appeals
d. Ability to cross examine the person providing the testimony
e. Any other factors that the BOR deems pertinent to deciding whether to waive the
hearing
3. EFFECTIVE DATE:
This policy shall be effective upon passage.
Passed on the 17th day of July, 2019.
By the Board of Review ofuskego Attested by
J�/J1Q
Board Review Chairperson Blenski, Clerk of the Board of Review