Draft Only – For Town Board Approval at the 7/28/2003 meeting

 

TOWN OF MENASHA – BOARD OF REVIEW

MUNICIPAL COMPLEX – ASSEMBLY ROOM - TUESDAY, JULY 15, 2003

 

MINUTES

 

1.        TOWN CHAIRMAN TO CALL TO ORDER AND RECONVENE FROM THE MAY 19, 2003 MEETING

 

Chairman Tews called the meeting to order at 4:30 p.m. and requested Clerk Krueger to take a roll call.  All Board of Review members were present.  Chairman Tews then asked Clerk Krueger & Assessor Eiberger if all legal notices had been placed appropriately and if she had signed the roll book.  He was told yes to both questions.

 

Bd. Of Review Members Present:          Arden Tews, Chair;                       Jeanne Krueger, Clerk; 

Barbara Hanson, Supv. #1;                 Scott Sauer, Supv. #2;     

Jerry Jurgensen, Supv. #3;                Russ Handevidt, Supv. #4;          

 

Also Present:  Richard Eiberger, Assessor;     Lucas Telfer, Asst. Assessor;    Kenneth Bonkoski;

Terry Bomier;     Sharon Fiedler;     Richard Swanson;     Jay Schroeder;       Gloria Carow

 

Assessor Richard Eiberger and Asst. Assessor Lucas Telfer were sworn in by Clerk Krueger.

 

2.        HEAR ALL OBJECTIONS

 

a.       Creekside LLC ; Parcels #008-5567 thru 008-5572 (6 parcels).  A stipulation was read into the minutes whereas the representatives for Creekside and the town entered into a signed agreement that it be unnecessary for Creekside to appear before the Board Of Review and have their claim extended to cover the 2003 assessment.  (See Attached Agreement)

 

b.       Kenneth Bonkoski; Parcel #008-5072.  Property owner Kenneth Bonkoski was sworn in by Clerk Krueger.  Expert witness & Appraiser Sharon Fiedler was also sworn in by Clerk Krueger.  Testimony was given by Mr. Bonkoski, Assessor Eiberger and Ms. Fiedler. 

 

MOTION: Krueger/Jurgensen not to change the assessment.  On roll call, all board members voted AYE.  Pursuant to Section 70.47(12) of the WI State Stats. Clerk Krueger gave Mr. Bonkoski the Notice of Board of Review Determination & Further Appeal Procedures.

 

c.       U.S. Oil Co., Inc. Terry Bomier, Agent; Parcels #008-022403 & 008-02240301.    Agent for U.S. Oil, Terry Bomier was sworn in by Clerk Krueger.  Testimony was given by both Mr. Bomier and Assessor Eiberger.

 

MOTION:  Regarding the vacant land:  Sauer/Jurgensen not to change the assessment.  On roll call, all members voted AYE.

 

MOTION:  Regarding the car wash & gas station:  Jurgensen/Krueger not to change the assessment.  All board members voted AYE.  

 

Pursuant to Section 70.47(12) of the WI State Stats. Clerk Krueger gave Mr. Bomier the Notice of Board of Review Determination & Further Appeal Procedures.

 

d.       TOUCHMARK ON WEST PROSPECT, LLC.  AGENT: RICHARD C. SWANSON.

Agent Richard Swanson, representing Touchmark on West Prospect, was sworn in by Clerk Krueger.  Testimony was given by both Mr. Swanson and Assessor Eiberger.

 

MOTION:  Krueger/Handevidt to change the assessment.  On roll call, all board members voted AYE.

 

MOTION:  Krueger/Handevidt to lower the assessment to $13,500,000.  On roll call, motion failed on a 5-1 vote with Clerk Krueger voting AYE.

 

There were no further motions on the floor.  Assessment remained the same.  Pursuant to Section 70.47(12) of the WI State Stats. Clerk Krueger gave Mr. Swanson the Notice of Board of Review Determination & Further Appeal Procedures.

 

e.       JAY SCHROEDER; PARCEL# 008-44801-01 & 008-44801-02.

Mr. Jay Schroeder 1295 No. Lake St., requested the 48-hour notice of intent to file an objection be waived.

 

MOTION:  Handevidt/Jurgensen to waive the required 48-hour notice of intent.  On roll call, motion carried with Clerk Kruger voting NAY. 

 

Mr. Schroeder was then sworn in by Clerk Krueger. Testimony was given by both Mr. Schroeder along with an appraisal which had not been seen by the assessor prior to this meeting.  The appraisal appeared to be flawed.   Assessor Eiberger then subpoenaed Ms. Gloria Carow, the former owner of these properties, to present further testimony.  Ms. Carow was sworn in by Clerk Krueger and testified that, indeed, the properties were sold under duress and if she could have waited longer, was sure she could have gotten a fairer price.  

 

MOTION:  Supv. Sauer to change the assessment.  Motion failed for lack of a second.

 

MOTION:  Jurgensen/Krueger to leave the assessment as submitted.  On roll call, motion carried with Supv. Sauer voting NAY.

 

Pursuant to Section 70.47(12) of the WI State Stats., Clerk Krueger gave Mr. Schroeder the Notice of Board of Review Determination & Further Appeal Procedures

 

3.       ADJOURN SINE DIE

MOTION:  Krueger/Jurgensen to adjourn the Board of Review for the year 2003 Sine Die.  Motion carried unanimously.

 

Respectfully submitted,

 

 

Jeanne Krueger, Member Board of Review & Town Clerk for the Town of Menasha