2015-05-20 BOR ePacket
Transcription
2015-05-20 BOR ePacket
CITY OF DELAFIELD (262) 646-6220 Board of Review Agenda Wednesday, May 20, 2015 6:00 p.m. **CITY HALL COMMON COUNCIL CHAMBERS** 500 Genesee Street, Delafield, WI 53018 1. 2. 3. 4. 5. 6. 7. 8. Call 2015 Board of Review to Order. Roll Call. Statement of Public Notice. Select a Chairperson and Vice Chairperson. Verify that a member has met the mandatory training requirements. Receive the 2015 Assessment Roll from the Assessor. Review Notices of Intent to File Objection. Hearings on objections and/or discussion and action on hearing waiver requests filed. 9. 10. 11. Review 2015 Assessment Roll and Perform Statutory Duties. Communications and any other business as authorized by law. Adjourn the 2015 Board of Review. Persons requiring an interpreter or other assistance should contact the City Administrative office 72 hours prior to the meeting. Notice is hereby given that a majority of the Plan Commission, Lake Welfare Committee, Public Works Committee, and/or Library Board may be present at the meeting of the Common Council scheduled May 20, 2015 to gather information about a subject in which they are interested. This constitutes a meeting of the PWC/Plan Commission and others pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Ws. 2d553, 494 N.W. 2d 408 (1993), and must be noticed as such. Clerk-Treasurer GG Posted: 2014-05-19 X City Hall Bulletin Board X Faxed to Newspapers X Website BOARD OF REVIEW SCRIPT CLERK'S SCRIPT: 1. Clerk introduces the case by stating the following information: a. Assessment Year b. Hearing Date & Time. c. Tax Key # d. Property address e. Property Owner f. Mailing address if different. g. Class of land i. Residential, Commercial, Manufacturing, or Agricultural h. 20XX Assessment: i. Land $ ii. Improvements $ iii. Total $ 2. 3. Objector Received written confirmation of Hearing Date: Yes:______ No:_____ (or) Both Objector and Assessor waived 48 hour notice of hearing: _________ Note: Taxpayer must have filed written objection before or at Board of Review.) Check one: a. _____ Timely notice of “Intent to File an Objection” was provided by objector to clerk (either in writing or orally) at least 48 hours prior to first full session of Board of Review Or b. ______ Waiver was granted by Board of Review for: i. _____ Good Cause, or ii. _____ Extraordinary Circumstances 4. Board members present: ________________________________________________________ ______________________________________________________________________________ 5. Board Members removed (if any): ______________________________________________________________________________ 6. Board Counsel Present: ______________________________________________________________________________ 7. Property Owner/Objector’s Attorney or Representative: ______________________________________________________________________________ 8. Board Members with certified training (must have at least one): ______________________________________________________________________________ 9. Is Mr./Ms. or a representative present? Please come forward to the microphone. 3. Would all persons, (including Assessor) intending to provide testimony for this hearing please raise your right hand to be sworn? DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY WHICH YOU SHALL GIVE IN THE MATTER NOW ON HEARING SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? 4. Would each person please state your name and address for our record. 5. Chairman ___________will now begin our hearing. (turn hearing over to Chair) CHAIRMAN’S SCRIPT 6. Chairman briefly outlines the hearing procedures: a. The person filing the objection will testify and present evidence first. The assessor may then ask the objector questions. The BOR members may also ask the objector questions. b. After the objector has testified, any other witnesses present in support of the objector will testify. Each witness is subject to questions from the assessor and BOR members. c. Following all witnesses of the objector, the assessor shall present his/her case in support of the assessment. d. The assessor shall be subject to any questions of the objector first then the assessor shall be subject to question of the BOR members. e. The objector may present any other evidence, which again is subject to questions of the assessor or BOR members. f. The assessor may provide any other evidence, again subject to questions of the objector and BOR members. g. After all evidence has been submitted under oath, the objector may first make a brief summary of his/her case to the BOR. h. The assessor may follow with a brief summary of his/her case. i. After each summary, the taking of testimony will be closed. j. The BOR will deliberate on the testimony either immediately following the testimony. Chairman of the BOR also makes the following statement to the objector before taking any testimony of the objector: The BOR wants you to understand that under state law the BOR is required to uphold the assessor’s valuation of your property as being correct, unless you by your testimony can show the assessor’s valuation to be incorrect…in other words, the burden of proof is upon you as the taxpayer. Do you understand that? S:\Open Book & Board of Review\2015\2015-05-20 BOR ePacket\Board of Review Script - Updated March 2015.doc HEARING FORMAT OBJECTOR first: 1. Objector (who has the burden of proof) provides evidence/testimony, one witness at a time. 2. Rebuttal (re-direct) by Objector 3. Board members to ask questions of Objector. (Chairman to control this questioning, permitting one member to question at a time) 4. Objector to ask questions based on questions raised by the Board members. 5. Assessor to ask questions based on questions raised by the Board members. ASSESSOR next: 6. Assessor provides evidence/testimony 7. Cross-examine by Objector--questions only 8. Rebuttal (re-direct) by Assessor 9. Board members to ask questions of Assessor 10. Assessor to ask questions based on questions raised by the Board members. 11. Objector to ask questions based on questions raised by the Board members. Objector again--one more opportunity for rebuttal Assessor again--one more opportunity for rebuttal Board members again --one last opportunity for questions of either Objector or Assessor; technically, Board cannot go back to testimony once the deliberations start. The Chairman will then announce that the record is closed and the Board will deliberate. NEEDS TO BE A CLEAR BREAK BETWEEN THE HEARING RECORD AND THE DELIBERATIONS. THE RECORD IS CLOSED, NO FURTHER TESTIMONY IS TAKEN UNLESS THE BOARD SPECIFICALLY RECALLS A WITNESS. MOVE ON TO DELIBERATIONS. Chairman of the BOR Ask Clerk to fill out the Findings of Fact, Determinations and Decision Sheet. DELIBERATIONS: • • • • • Must be done in open session. Can be done immediately after the case is heard, or can be done at another time. (Our Board's practice is to deliberate immediately) The "Findings of Fact and Determinations" form must be used for a guide. The Clerk will participate in completion of the findings sheet prior to the motion. The decision must be based on the evidence presented. Upon conclusion of deliberations and completion of the Findings of Fact and Determinations form, the Chairman will ask for a motion: S:\Open Book & Board of Review\2015\2015-05-20 BOR ePacket\Board of Review Script - Updated March 2015.doc 1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to Section 70.49(9)(a), Wis. Slats., the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply) • that the Assessor's valuation is correct • that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; • that the taxpayer did not present sufficient evidence to rebut the presumption of accuracy granted by law to the Assessor, • that the assessment is reasonable in light of all the relevant evidence, • and sustains the same as set by the Assessor. • (ADD in certain cases), the Board further finds that the taxpayers testimony is insufficient to show that the assessment of comparable property in the municipality is not uniform and the municipality has demonstrated the uniformity of assessment. (OR) S:\Open Book & Board of Review\2015\2015-05-20 BOR ePacket\Board of Review Script - Updated March 2015.doc 2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to Section 70.49(9)(a), Wis. Stats., the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply) that the Assessor's valuation is incorrect that the taxpayer has presented sufficient evidence to rebut the presumption of accuracy granted by law to the Assessor; that the taxpayer assessment is reasonable in light of all the relevant evidence, and hereby sets the new assessment at: Land $ _________________ Improvements $_________________ Total $_________________ After motion to affirm or modify assessment, start procedure over again for the next case. If no more cases, continue to review roll until the two hours is up. Then adjourn. MOTIONS FOR ADJOURNING BOARD OF REVIEW: Use the following motion to close Board of Review if after the statutory minimum of 2 hours no one else is requesting a hearing: Use the following motion to close Board of Review after holding any appointments and no other appointments are scheduled: Move to approve the (year) Assessment Roll as corrected by the Assessor and adjourn the Board of Review subject to the Clerk’s satisfying the statutory duties. Use the following motion if someone walks in without an appointment and requests to be heard: Move to approve the (year) Assessment Roll as corrected by the Assessor except for VNT number scheduled for (date & time must be 48 hours later, if refuses to waiver the 48 hour notice requirement) or (24 hours later to meet the open meetings requirement.) The above motions are from Attorney John Macy S:\Open Book & Board of Review\2015\2015-05-20 BOR ePacket\Board of Review Script - Updated March 2015.doc Board of Review Hearings Checklist "The Basics" John P. Macy Arenz, Molter, Macy & Riffle, S.C. 720 N. East Avenue Waukesha, WI 53186 (414) 548-1340 Clerk of the Board of Review • Clerk shall introduce the case. • Clerk to read basic information into record: property owner, property address, property tax key number, property assessment per Assessor, property assessment per property owner. • Clerk asks all parties who are going to testify to stand and be sworn. • Clerk to swear all witnesses: Sample oath: Do you all solemnly swear, in the matter now on hearing, to tell the truth, the whole truth and nothing but the truth, so help you God. • Clerk to give names of all sworn witnesses for the record. • Clerk to fill out Findings of Facts, Determinations and Decision sheet during the hearing. Assessor • Cannot be a member of the Board of Review. • Must attend all sessions of the Board. • Is an expert. • Cannot run meeting or vote. • Is to assist Board. • Is not permitted to impeach affidavit. • Must submit to examination by Taxpayer and by the Board. • Has right to submit evidence sustaining the assessment. • Is required to provide full disclosure and make all books and records available. • At the hearing the Assessor should, in each case, submit credentials, definition of fair market value, and basis for assessment. S:\Open Book & Board of Review\2015\2015-05-20 BOR ePacket\Board of Review Script - Updated March 2015.doc Taxpaver • • • • • • Must file a written objection form. o Approved forms may be required. o Forms must be filed in a timely manner. o Forms must be filled out completely. o Taxpayer must indicate value. o Failure to answer all questions on form may be basis for refusal to hear objection. Barred from contesting assessment if Assessor made reasonable written request by certified mail to the view the property. Written appraisals will only be considered as evidence of value if the Taxpayer also presents the Appraiser who prepared the appraisal to present sworn testimony in support of the appraisal and to answer question and cross-examination. Evidence of assessments on other properties should generally not be considered for purposes of establishing the fair market value of the subject property, but may be considered for purposes of reviewing uniformity of taxation issues. Taxpayer has burden of overcoming presumption of validity granted by law to Assessor's valuation. Taxpayer's evidence must conform to the statutory criteria and Wisconsin Property Assessment Manual. Board of Review • • • • • • • • • • • • Quasi-Judicial Body. o Members are to sit as judges to hear evidence. Does not independently set valuation. Does not do-over the work of the Assessor. Cannot substitute your judgment or idea for value of the Assessor's. Cannot change any value as fixed by the Assessor, except upon sworn oral testimony produced for that purpose. Shall correct all errors in description and computations. May subpoena witnesses, if necessary. Makes decisions based on evidence presented by persons under oath. The Board is not an assessing body. The Board function is not one of valuation. The Board is bound to accept the Assessor's assessment as correct unless there is competent testimony not contradicted by other evidence that proves the assessment to be incorrect, The Board cannot rule on whether a property has exempt status. S:\Open Book & Board of Review\2015\2015-05-20 BOR ePacket\Board of Review Script - Updated March 2015.doc Board of Review Hearings • • • • All meetings of the Board of Review shall be publicly held and open to all citizens at all times and no formal action of any kind shall be introduced or adopted at any closed session. Hearings are taped for purposes of creating a record of proceedings, so all persons speaking at hearing shall speak clearly and identify themselves. Hearings are conducted much as in a court of law. Evidence is presented through sworn testimony with cross-examination of witnesses. Method of Valuation • • • • Recent sale of the property. Sale must be in "arms-length" transaction in order to be used as evidence of value. Sales to relatives, sales under distressed circumstances, etc., cannot be used. Recent sales of other comparable properties. Other evidence of value. The best evidence of value will generally be either a recent sale price of a subject property or recent sale prices for the other comparable properties. The Four Golden Rules • • • • The Assessor's values presumed to be correct unless proved otherwise. The Board cannot change any value as fixed by the Assessor except upon evidence presented to it by persons under oath. The evidence must be factual in nature. Not just a matter of opinion. A small percentage difference between the market value established by the Assessor and the Taxpayer's idea of value usually is not sufficient to warrant a change by the Board of Review. S:\Open Book & Board of Review\2015\2015-05-20 BOR ePacket\Board of Review Script - Updated March 2015.doc City of Delafield Board of Review Findings of Fact, Determinations and Decision PROPERTY IDENTIFICATION AND FINDINGS OF FACT Assessment Year 2015 Tax Key Number 0801.999.009 Personal Property Account Number (if applicable) 2901 Golf Road Delafield, WI 53018 Property Address Property Owner Walgreen Co. Land $1152300 January 1, 2015 Assessment Value Hearing Date & Time Imp $1990100 Total $3142400 Wednesday, May 20, 2015 6:00PM Sworn testimony by Property Owner/Objector A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Hearing Date & Time Recent sales of comparable properties If yes: a total number of other properties were presented Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony on behalf of property owner/objector was presented by following other Summary of testimony of other witnesses’ for objector (if any) Sworn Testimony By Assessor Estimated level of assessment for the current year is % A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony (if any) on behalf of the assessor was presented by Summary of testimony of other witnesses’ for assessor (if any) DETERMINATIONS The assessor’s estimated level of assessment* of the municipality has been determined to be The board finds that there was a recent sale of the subject property % Yes No The sale was an arms-length transaction Yes No The sale was representative of the value as of January Yes No The board finds that the sale supports the assessment Yes No If all answers are 'yes', what is the sale price $ What if any adjustments, based on the evidence presented, should be made for such considerations as time between the date of sale and the January 1 assessment date, non-market class value in the selling price (ag-use value and fractionally assessed classes), and/or other physical changes that occurred to the property between the sale date and the January 1 assessment date? What is the full taxable value $ If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D, Decision, check all that apply and determine the assessed value The Board of Review finds that there are recent sales of comparable properties Yes No If yes, answer the following Property Owner: Did the Property Owner present testimony of recent sales of Yes No comparable properties in the market area? If yes, were the attributes satisfactorily Yes No adjusted for their differences from the subject and their contribution to value? Assessor: Did the Assessor presented testimony of recent sales of comparable Yes No properties in the market area? If yes, were the attributes satisfactorily adjusted for No Yes their differences from the Yes No from the subject and their contribution to value? Conclusion. List the properties and values that the BOR relies on to make it’s determination as to the Fair Market Value The Board of Review finds that the Yes No assessment should be based on other factors If Yes, List the factors that the Board of Review relies on to make its determination as to fair market value What was the most credible evidence presented? DECISION Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board of Review by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is correct; o that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; o that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual o that the proper use values were applied to the agricultural land o that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications o that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor o o that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the Board of Review, by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is incorrect; o that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; Land Improvements Total o that the property owner’s valuation is $ $ $ reasonable in light of the relevant evidence o that the full value of the property is o that the level of assessment of the municipality is at % Land Improvements Total and hereby sets the new assessment at $ $ $ I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision on this 20th day of May, 2015. Name of Board of Review Member Michele DeYoe Kent Attwell Jim Behrend Jackie Valde Chris Smith Matt Grimmer Al Zietlow Tim Aicher ______________________________________ Clerk of Board of Review Yes No * DELIBERATIONS Must be held in open session. Can be done immediately after the case is heard, or can be done at another time. If later, the taxpayer should be advised of the time their case is to be deliberated. The “Findings of Fact, Determination, and Decision” form may be used. The Board of Review clerk will participate in completion of the “Findings of Fact, Determination and Decision” form prior to the motion. The Board of Review decision must be based on the evidence presented. Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination, and Decision” form, the Chairperson will ask for a motion: 1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply) that the Assessor’s valuation is correct; that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual that the proper use values were applied to the agricultural land that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the Assessor’s valuation is reasonable in light of all the relevant evidence; and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR 2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply); that the Assessor’s valuation is incorrect; that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the property owner’s valuation is reasonable in light of the relevant evidence; that the full value of the property is: Land: Improvements: Total: that the aggregate level of assessment of the municipality is at and hereby sets the new assessment at Land: Improvements: Total: {Note for Minutes} Name of BOR member who made motion: Name of BOR member who seconded motion: to adopt this motion on this day of , 20 . Clerk of Board of Review {Either of these motions should be made and seconded by a member of the Board of Review based upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be consistent with the motion as made and adopted by the Board of Review. The clerk should record the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9) (a) of the Wis. Statutes.} * This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and the Equalization Directors and staff at the Wisconsin Department of Revenue. City of Delafield Board of Review Findings of Fact, Determinations and Decision PROPERTY IDENTIFICATION AND FINDINGS OF FACT Assessment Year 2015 Tax Key Number 0804.999.008 Personal Property Account Number (if applicable) 3220 Golf Road Delafield, WI 53018 Property Address Shoppes at Nagawicka - Best Buy **REQUEST WAIVER** Property Owner Imp $5654200 January 1, 2015 Assessment Value Land $24200 Hearing Date & Time Wednesday, May 20, 2015 Total $5678400 630PM Sworn testimony by Property Owner/Objector A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Hearing Date & Time Recent sales of comparable properties If yes: a total number of other properties were presented Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony on behalf of property owner/objector was presented by following other Summary of testimony of other witnesses’ for objector (if any) Sworn Testimony By Assessor Estimated level of assessment for the current year is % A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony (if any) on behalf of the assessor was presented by Summary of testimony of other witnesses’ for assessor (if any) DETERMINATIONS The assessor’s estimated level of assessment* of the municipality has been determined to be The board finds that there was a recent sale of the subject property % Yes No The sale was an arms-length transaction Yes No The sale was representative of the value as of January Yes No The board finds that the sale supports the assessment Yes No If all answers are 'yes', what is the sale price $ What if any adjustments, based on the evidence presented, should be made for such considerations as time between the date of sale and the January 1 assessment date, non-market class value in the selling price (ag-use value and fractionally assessed classes), and/or other physical changes that occurred to the property between the sale date and the January 1 assessment date? What is the full taxable value $ If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D, Decision, check all that apply and determine the assessed value The Board of Review finds that there are recent sales of comparable properties Yes No If yes, answer the following Property Owner: Did the Property Owner present testimony of recent sales of Yes No comparable properties in the market area? If yes, were the attributes satisfactorily Yes No adjusted for their differences from the subject and their contribution to value? Assessor: Did the Assessor presented testimony of recent sales of comparable Yes No properties in the market area? If yes, were the attributes satisfactorily adjusted for No Yes their differences from the Yes No from the subject and their contribution to value? Conclusion. List the properties and values that the BOR relies on to make it’s determination as to the Fair Market Value The Board of Review finds that the Yes No assessment should be based on other factors If Yes, List the factors that the Board of Review relies on to make its determination as to fair market value What was the most credible evidence presented? DECISION Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board of Review by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is correct; o that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; o that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual o that the proper use values were applied to the agricultural land o that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications o that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor o o that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the Board of Review, by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is incorrect; o that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; Land Improvements Total o that the property owner’s valuation is $ $ $ reasonable in light of the relevant evidence o that the full value of the property is o that the level of assessment of the municipality is at % Land Improvements Total and hereby sets the new assessment at $ $ $ I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision on this 20th day of May, 2015. Name of Board of Review Member Michele DeYoe Kent Attwell Jim Behrend Jackie Valde Chris Smith Matt Grimmer Al Zietlow Tim Aicher ______________________________________ Clerk of Board of Review Yes No * DELIBERATIONS Must be held in open session. Can be done immediately after the case is heard, or can be done at another time. If later, the taxpayer should be advised of the time their case is to be deliberated. The “Findings of Fact, Determination, and Decision” form may be used. The Board of Review clerk will participate in completion of the “Findings of Fact, Determination and Decision” form prior to the motion. The Board of Review decision must be based on the evidence presented. Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination, and Decision” form, the Chairperson will ask for a motion: 1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply) that the Assessor’s valuation is correct; that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual that the proper use values were applied to the agricultural land that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the Assessor’s valuation is reasonable in light of all the relevant evidence; and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR 2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply); that the Assessor’s valuation is incorrect; that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the property owner’s valuation is reasonable in light of the relevant evidence; that the full value of the property is: Land: Improvements: Total: that the aggregate level of assessment of the municipality is at and hereby sets the new assessment at Land: Improvements: Total: {Note for Minutes} Name of BOR member who made motion: Name of BOR member who seconded motion: to adopt this motion on this day of , 20 . Clerk of Board of Review {Either of these motions should be made and seconded by a member of the Board of Review based upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be consistent with the motion as made and adopted by the Board of Review. The clerk should record the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9) (a) of the Wis. Statutes.} * This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and the Equalization Directors and staff at the Wisconsin Department of Revenue. City of Delafield Board of Review Findings of Fact, Determinations and Decision PROPERTY IDENTIFICATION AND FINDINGS OF FACT Assessment Year 2015 Tax Key Number 0804.983 Personal Property Account Number (if applicable) 3175 Hillside Drive Delafield, WI 53018 Property Address Property Owner Meridian Hillside LLC - KinderCare Imp $881400 January 1, 2015 Assessment Value Land $789800 Hearing Date & Time Wednesday, May 20, 2015 Total $1671200 7:00PM Sworn testimony by Property Owner/Objector A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Hearing Date & Time Recent sales of comparable properties If yes: a total number of other properties were presented Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony on behalf of property owner/objector was presented by following other Summary of testimony of other witnesses’ for objector (if any) Sworn Testimony By Assessor Estimated level of assessment for the current year is % A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony (if any) on behalf of the assessor was presented by Summary of testimony of other witnesses’ for assessor (if any) DETERMINATIONS The assessor’s estimated level of assessment* of the municipality has been determined to be The board finds that there was a recent sale of the subject property % Yes No The sale was an arms-length transaction Yes No The sale was representative of the value as of January Yes No The board finds that the sale supports the assessment Yes No If all answers are 'yes', what is the sale price $ What if any adjustments, based on the evidence presented, should be made for such considerations as time between the date of sale and the January 1 assessment date, non-market class value in the selling price (ag-use value and fractionally assessed classes), and/or other physical changes that occurred to the property between the sale date and the January 1 assessment date? What is the full taxable value $ If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D, Decision, check all that apply and determine the assessed value The Board of Review finds that there are recent sales of comparable properties Yes No If yes, answer the following Property Owner: Did the Property Owner present testimony of recent sales of Yes No comparable properties in the market area? If yes, were the attributes satisfactorily Yes No adjusted for their differences from the subject and their contribution to value? Assessor: Did the Assessor presented testimony of recent sales of comparable Yes No properties in the market area? If yes, were the attributes satisfactorily adjusted for No Yes their differences from the Yes No from the subject and their contribution to value? Conclusion. List the properties and values that the BOR relies on to make it’s determination as to the Fair Market Value The Board of Review finds that the Yes No assessment should be based on other factors If Yes, List the factors that the Board of Review relies on to make its determination as to fair market value What was the most credible evidence presented? DECISION Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board of Review by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is correct; o that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; o that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual o that the proper use values were applied to the agricultural land o that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications o that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor o o that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the Board of Review, by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is incorrect; o that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; Land Improvements Total o that the property owner’s valuation is $ $ $ reasonable in light of the relevant evidence o that the full value of the property is o that the level of assessment of the municipality is at % Land Improvements Total and hereby sets the new assessment at $ $ $ I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision on this 20th day of May, 2015. Name of Board of Review Member Michele DeYoe Kent Attwell Jim Behrend Jackie Valde Chris Smith Matt Grimmer Al Zietlow Tim Aicher ______________________________________ Clerk of Board of Review Yes No * DELIBERATIONS Must be held in open session. Can be done immediately after the case is heard, or can be done at another time. If later, the taxpayer should be advised of the time their case is to be deliberated. The “Findings of Fact, Determination, and Decision” form may be used. The Board of Review clerk will participate in completion of the “Findings of Fact, Determination and Decision” form prior to the motion. The Board of Review decision must be based on the evidence presented. Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination, and Decision” form, the Chairperson will ask for a motion: 1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply) that the Assessor’s valuation is correct; that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual that the proper use values were applied to the agricultural land that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the Assessor’s valuation is reasonable in light of all the relevant evidence; and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR 2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply); that the Assessor’s valuation is incorrect; that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the property owner’s valuation is reasonable in light of the relevant evidence; that the full value of the property is: Land: Improvements: Total: that the aggregate level of assessment of the municipality is at and hereby sets the new assessment at Land: Improvements: Total: {Note for Minutes} Name of BOR member who made motion: Name of BOR member who seconded motion: to adopt this motion on this day of , 20 . Clerk of Board of Review {Either of these motions should be made and seconded by a member of the Board of Review based upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be consistent with the motion as made and adopted by the Board of Review. The clerk should record the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9) (a) of the Wis. Statutes.} * This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and the Equalization Directors and staff at the Wisconsin Department of Revenue. City of Delafield Board of Review Findings of Fact, Determinations and Decision PROPERTY IDENTIFICATION AND FINDINGS OF FACT Assessment Year 2015 Tax Key Number 0804.995 Personal Property Account Number (if applicable) 2725 Heritage Drive Delafield, WI 53018 Property Address Property Owner CAVC Holdings WI. LLC - Burger King Imp $482200 January 1, 2015 Assessment Value Land $628700 Hearing Date & Time Wednesday, May 20, 2015 Total $1110900 7:30PM Sworn testimony by Property Owner/Objector A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Hearing Date & Time Recent sales of comparable properties If yes: a total number of other properties were presented Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony on behalf of property owner/objector was presented by following other Summary of testimony of other witnesses’ for objector (if any) Sworn Testimony By Assessor Estimated level of assessment for the current year is % A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony (if any) on behalf of the assessor was presented by Summary of testimony of other witnesses’ for assessor (if any) DETERMINATIONS The assessor’s estimated level of assessment* of the municipality has been determined to be The board finds that there was a recent sale of the subject property % Yes No The sale was an arms-length transaction Yes No The sale was representative of the value as of January Yes No The board finds that the sale supports the assessment Yes No If all answers are 'yes', what is the sale price $ What if any adjustments, based on the evidence presented, should be made for such considerations as time between the date of sale and the January 1 assessment date, non-market class value in the selling price (ag-use value and fractionally assessed classes), and/or other physical changes that occurred to the property between the sale date and the January 1 assessment date? What is the full taxable value $ If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D, Decision, check all that apply and determine the assessed value The Board of Review finds that there are recent sales of comparable properties Yes No If yes, answer the following Property Owner: Did the Property Owner present testimony of recent sales of Yes No comparable properties in the market area? If yes, were the attributes satisfactorily Yes No adjusted for their differences from the subject and their contribution to value? Assessor: Did the Assessor presented testimony of recent sales of comparable Yes No properties in the market area? If yes, were the attributes satisfactorily adjusted for No Yes their differences from the Yes No from the subject and their contribution to value? Conclusion. List the properties and values that the BOR relies on to make it’s determination as to the Fair Market Value The Board of Review finds that the Yes No assessment should be based on other factors If Yes, List the factors that the Board of Review relies on to make its determination as to fair market value What was the most credible evidence presented? DECISION Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board of Review by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is correct; o that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; o that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual o that the proper use values were applied to the agricultural land o that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications o that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor o o that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the Board of Review, by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is incorrect; o that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; Land Improvements Total o that the property owner’s valuation is $ $ $ reasonable in light of the relevant evidence o that the full value of the property is o that the level of assessment of the municipality is at % Land Improvements Total and hereby sets the new assessment at $ $ $ I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision on this 20th day of May, 2015. Name of Board of Review Member Michele DeYoe Kent Attwell Jim Behrend Jackie Valde Chris Smith Matt Grimmer Al Zietlow Tim Aicher ______________________________________ Clerk of Board of Review Yes No * DELIBERATIONS Must be held in open session. Can be done immediately after the case is heard, or can be done at another time. If later, the taxpayer should be advised of the time their case is to be deliberated. The “Findings of Fact, Determination, and Decision” form may be used. The Board of Review clerk will participate in completion of the “Findings of Fact, Determination and Decision” form prior to the motion. The Board of Review decision must be based on the evidence presented. Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination, and Decision” form, the Chairperson will ask for a motion: 1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply) that the Assessor’s valuation is correct; that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual that the proper use values were applied to the agricultural land that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the Assessor’s valuation is reasonable in light of all the relevant evidence; and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR 2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply); that the Assessor’s valuation is incorrect; that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the property owner’s valuation is reasonable in light of the relevant evidence; that the full value of the property is: Land: Improvements: Total: that the aggregate level of assessment of the municipality is at and hereby sets the new assessment at Land: Improvements: Total: {Note for Minutes} Name of BOR member who made motion: Name of BOR member who seconded motion: to adopt this motion on this day of , 20 . Clerk of Board of Review {Either of these motions should be made and seconded by a member of the Board of Review based upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be consistent with the motion as made and adopted by the Board of Review. The clerk should record the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9) (a) of the Wis. Statutes.} * This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and the Equalization Directors and staff at the Wisconsin Department of Revenue. City of Delafield Board of Review Findings of Fact, Determinations and Decision PROPERTY IDENTIFICATION AND FINDINGS OF FACT Assessment Year 2015 Tax Key Number 0804.999.002 Personal Property Account Number (if applicable) 3105 Golf Road Delafield, WI 53018 Property Address Property Owner Ramco-Gershenson Properties, L.P. - Kohls Land $2419800 January 1, 2015 Assessment Value Hearing Date & Time Imp $7315500 Total $9735300 Wednesday, May 20, 2015 8:00PM Sworn testimony by Property Owner/Objector A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Hearing Date & Time Recent sales of comparable properties If yes: a total number of other properties were presented Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony on behalf of property owner/objector was presented by following other Summary of testimony of other witnesses’ for objector (if any) Sworn Testimony By Assessor Estimated level of assessment for the current year is % A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony (if any) on behalf of the assessor was presented by Summary of testimony of other witnesses’ for assessor (if any) DETERMINATIONS The assessor’s estimated level of assessment* of the municipality has been determined to be The board finds that there was a recent sale of the subject property % Yes No The sale was an arms-length transaction Yes No The sale was representative of the value as of January Yes No The board finds that the sale supports the assessment Yes No If all answers are 'yes', what is the sale price $ What if any adjustments, based on the evidence presented, should be made for such considerations as time between the date of sale and the January 1 assessment date, non-market class value in the selling price (ag-use value and fractionally assessed classes), and/or other physical changes that occurred to the property between the sale date and the January 1 assessment date? What is the full taxable value $ If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D, Decision, check all that apply and determine the assessed value The Board of Review finds that there are recent sales of comparable properties Yes No If yes, answer the following Property Owner: Did the Property Owner present testimony of recent sales of Yes No comparable properties in the market area? If yes, were the attributes satisfactorily Yes No adjusted for their differences from the subject and their contribution to value? Assessor: Did the Assessor presented testimony of recent sales of comparable Yes No properties in the market area? If yes, were the attributes satisfactorily adjusted for No Yes their differences from the Yes No from the subject and their contribution to value? Conclusion. List the properties and values that the BOR relies on to make it’s determination as to the Fair Market Value The Board of Review finds that the Yes No assessment should be based on other factors If Yes, List the factors that the Board of Review relies on to make its determination as to fair market value What was the most credible evidence presented? DECISION Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board of Review by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is correct; o that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; o that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual o that the proper use values were applied to the agricultural land o that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications o that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor o o that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the Board of Review, by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is incorrect; o that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; Land Improvements Total o that the property owner’s valuation is $ $ $ reasonable in light of the relevant evidence o that the full value of the property is o that the level of assessment of the municipality is at % Land Improvements Total and hereby sets the new assessment at $ $ $ I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision on this 20th day of May, 2015. Name of Board of Review Member Michele DeYoe Kent Attwell Jim Behrend Jackie Valde Chris Smith Matt Grimmer Al Zietlow Tim Aicher ______________________________________ Clerk of Board of Review Yes No * DELIBERATIONS Must be held in open session. Can be done immediately after the case is heard, or can be done at another time. If later, the taxpayer should be advised of the time their case is to be deliberated. The “Findings of Fact, Determination, and Decision” form may be used. The Board of Review clerk will participate in completion of the “Findings of Fact, Determination and Decision” form prior to the motion. The Board of Review decision must be based on the evidence presented. Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination, and Decision” form, the Chairperson will ask for a motion: 1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply) that the Assessor’s valuation is correct; that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual that the proper use values were applied to the agricultural land that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the Assessor’s valuation is reasonable in light of all the relevant evidence; and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR 2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply); that the Assessor’s valuation is incorrect; that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the property owner’s valuation is reasonable in light of the relevant evidence; that the full value of the property is: Land: Improvements: Total: that the aggregate level of assessment of the municipality is at and hereby sets the new assessment at Land: Improvements: Total: {Note for Minutes} Name of BOR member who made motion: Name of BOR member who seconded motion: to adopt this motion on this day of , 20 . Clerk of Board of Review {Either of these motions should be made and seconded by a member of the Board of Review based upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be consistent with the motion as made and adopted by the Board of Review. The clerk should record the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9) (a) of the Wis. Statutes.} * This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and the Equalization Directors and staff at the Wisconsin Department of Revenue. City of Delafield Board of Review Findings of Fact, Determinations and Decision PROPERTY IDENTIFICATION AND FINDINGS OF FACT Assessment Year 2015 Tax Key Number 0804.994.019 Personal Property Account Number (if applicable) 2736 Hillside Drive Delafield, WI 53018 Property Address Property Owner Hillside Terrace Shopping Center Imp $3008900 January 1, 2015 Assessment Value Land $912900 Hearing Date & Time Wednesday, May 20, 2015 Total $3921800 8:30PM Sworn testimony by Property Owner/Objector A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Hearing Date & Time Recent sales of comparable properties If yes: a total number of other properties were presented Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony on behalf of property owner/objector was presented by following other Summary of testimony of other witnesses’ for objector (if any) Sworn Testimony By Assessor Estimated level of assessment for the current year is % A recent sale of the subject property If yes: The subject property was sold for Yes No Yes No Yes No $ Date of Sale Addresses of those properties Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Other factors or reasons (if presented) If yes: List of summary factors or reasons presented by property owner/objector Sworn testimony (if any) on behalf of the assessor was presented by Summary of testimony of other witnesses’ for assessor (if any) DETERMINATIONS The assessor’s estimated level of assessment* of the municipality has been determined to be The board finds that there was a recent sale of the subject property % Yes No The sale was an arms-length transaction Yes No The sale was representative of the value as of January Yes No The board finds that the sale supports the assessment Yes No If all answers are 'yes', what is the sale price $ What if any adjustments, based on the evidence presented, should be made for such considerations as time between the date of sale and the January 1 assessment date, non-market class value in the selling price (ag-use value and fractionally assessed classes), and/or other physical changes that occurred to the property between the sale date and the January 1 assessment date? What is the full taxable value $ If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D, Decision, check all that apply and determine the assessed value The Board of Review finds that there are recent sales of comparable properties Yes No If yes, answer the following Property Owner: Did the Property Owner present testimony of recent sales of Yes No comparable properties in the market area? If yes, were the attributes satisfactorily Yes No adjusted for their differences from the subject and their contribution to value? Assessor: Did the Assessor presented testimony of recent sales of comparable Yes No properties in the market area? If yes, were the attributes satisfactorily adjusted for No Yes their differences from the Yes No from the subject and their contribution to value? Conclusion. List the properties and values that the BOR relies on to make it’s determination as to the Fair Market Value The Board of Review finds that the Yes No assessment should be based on other factors If Yes, List the factors that the Board of Review relies on to make its determination as to fair market value What was the most credible evidence presented? DECISION Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board of Review by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is correct; o that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; o that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual o that the proper use values were applied to the agricultural land o that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications o that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor o o that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the Board of Review, by majority and roll call vote hereby determine: (mark all that apply) o that the Assessor’s valuation is incorrect; o that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; Land Improvements Total o that the property owner’s valuation is $ $ $ reasonable in light of the relevant evidence o that the full value of the property is o that the level of assessment of the municipality is at % Land Improvements Total and hereby sets the new assessment at $ $ $ I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision on this 20th day of May, 2015. Name of Board of Review Member Michele DeYoe Kent Attwell Jim Behrend Jackie Valde Chris Smith Matt Grimmer Al Zietlow Tim Aicher ______________________________________ Clerk of Board of Review Yes No * DELIBERATIONS Must be held in open session. Can be done immediately after the case is heard, or can be done at another time. If later, the taxpayer should be advised of the time their case is to be deliberated. The “Findings of Fact, Determination, and Decision” form may be used. The Board of Review clerk will participate in completion of the “Findings of Fact, Determination and Decision” form prior to the motion. The Board of Review decision must be based on the evidence presented. Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination, and Decision” form, the Chairperson will ask for a motion: 1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply) that the Assessor’s valuation is correct; that the Assessor presented evidence of the fair market value of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual; that the Assessor presented evidence of the proper classification of the subject property using assessment methods which conform to the statutory requirements and which are outlined in the Wisconsin Property Assessment Manual that the proper use values were applied to the agricultural land that the proper fractional assessments were applied to undeveloped land and agricultural forest land classifications that the property owner did not present sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the Assessor’s valuation is reasonable in light of all the relevant evidence; and sustains the same valuation as set by the Assessor; (in certain cases), It is not relevant to present assessments of other properties as a basis for the market value of the appeal property OR 2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by majority and roll call vote hereby determines: (mark and state for the record all that apply); that the Assessor’s valuation is incorrect; that the property owner has presented sufficient evidence to rebut the presumption of correctness granted by law to the Assessor; that the property owner’s valuation is reasonable in light of the relevant evidence; that the full value of the property is: Land: Improvements: Total: that the aggregate level of assessment of the municipality is at and hereby sets the new assessment at Land: Improvements: Total: {Note for Minutes} Name of BOR member who made motion: Name of BOR member who seconded motion: to adopt this motion on this day of , 20 . Clerk of Board of Review {Either of these motions should be made and seconded by a member of the Board of Review based upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be consistent with the motion as made and adopted by the Board of Review. The clerk should record the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9) (a) of the Wis. Statutes.} * This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and the Equalization Directors and staff at the Wisconsin Department of Revenue. By Gina C. Gresch at 11:31 am, May 13, 2015 By Gina C. Gresch at 12:20 pm, May 15, 2015 Friday, May 15, 2015 Attn: Municipal Clerk or Public Records Custodian Dear Public Records Custodian, Please acknowledge in writing receipt of the attached Notice of Intent to File and Objection Form For Real Property Assessment regarding TAX ID# located at 3175 Hillside Drive in City of Delafield. Please acknowledge via fax (888) 308-3919 or email gary@kohlenberg.net with the date and time for my appointment before the Board of Review. Thank you, Sincerely, Gary Kohlenberg OBJECTION FORM FOR REAL PROPERTY ASSESSMENT Section 70.47(7)(a), Wisconsin Statutes states" No person shall be allowed in any action or proceedings to question the amount or valuation of property unless such written objection has been filed and such person in good faith presented evidence to such board in support of such objection and made full disclosure before said board ... " Note: The Board of Review can hear only sworn oral testimony regarding the value of the property. It cannot hear protests regarding the amount of property taxes or questions of exemption. The best evidence of the value of your property is a recent arm's-length sale of your properly. The next best evidence is recent arm's length sales of comparable property. If there are no sales of your Property or comparable property, you should present other evidence that indicates the value of your property. This would include cost, income, appraisals, amount of insurance, and sales of like property. Property Owner , KC Propco c/o Knowledge Learning Education LLC, Owner's Mailing Address 650 NE Holladay Street Portland, Oregon 97232 Owner's Telephone Number Agent (if applicable) Gary Kohlenberg Agent's Mailing Address 604 LaBelle Avenue Oconomowoc, WI 53066-2772 Agent's Telephone Number (262) 569-1800 Please provide the following information on the property and the assessment to which you are objecting. (Attach additional sheets, if necessary.) 1. Property Address 3175 Hillside Drive City of Delafield 2. Legal Description or parcel number from the current assessment roll 3. Total Property Assessments $1,671,200.00 4. Please explain why you think the above assessed value is incorrect. Please see attached. 5. In your opinion, what was the taxable value of this property on January 1 of the year being appealed? $1,159,000.00 If this property contains acreage that is not in a market value class, provide a further opinion of the taxable value breakdown: STATUTORY CLASS Residential Total Market Value Commercial Total Market Value Agricultural Classification: # of Tillable Acres # of Pasture Acres # of Specialty Acres Undeveloped Classification # of Acres Agricultural Forest Classification # of Acres Forest Classification # of Acres Class 7 "Other" Total Market Value Managed Forest Land Acres Managed Forest Land Acres ACRES $ PER ACRE FULL TAXABLE VALUE @ $ acre use value @ @ @ @ @ $ acre use value $ acre use value $ acre @ 50% of Market Value $ acre @ 50% of Market Value $ acre @ Market Value Market Value $ acre @ 50% of Market Value Market Value @ @ 6. Check the method of acquisition of the property: Purchase 7. Have you improved, remodeled, added to, or changed this property since acquiring it? Yes If yes, describe: All improvements on file with Municipality as building permits. (a) When were the changes made? (b) What were the cost of the changes? (c) Does the above figure include the value of all labor, including your own? 8. Have you listed the property for sale within the last five years? No (a) If yes, when and for how long was the property listed? (b) What was the asking price? (c) What offers were received? 9. (a) Has anyone made an appraisal of this property within the last five years? No (b) If yes, when and for what purpose? (c) What was the appraised value? 10. Please list the name(s) of Board of Review member(s) you are requesting to be removed from your hearing. NOTE: This section does not apply in first or second class cities. 11. Please provide a reasonable estimate of the length of time that the hearing will take 20 minutes. Date 5/15/2015 Owner’s or Agent’s Signature PA-115A (R. 11-09) Gary Kohlenberg - Agent Wisconsin Department of Revenue Notice of Intent to File Objection with Board of Review I, Gary Kohlenberg of Kohlenberg Consulting L.L.C. DBA PropertyTaxBill.com as the agent of the property owner KC Propco c/o Knowledge Learning Education LLC, hereby give notice of intent to file an objection on the assessment for the following property: Property Tax ID# 3175 Hillside Drive for the 2015 Assessment Year in the municipality of City of Delafield. Valuation assigned by Assessor is $1,671,200.00. THIS NOTICE OF INTENT IS BEING FILED at least 48 hours before the Board’s first scheduled meeting. Gary Kohlenberg Friday, May 15, 2015 Gary Kohlenberg Kohlenberg Consulting L.L.C. /PropertyTaxBill.com Property Type: 3350 Special Purpose Public/Private Day Care Address: 2707 N GRANDVIEW BLVD WAUKESHA WAUKESHA County, WI Sale Date: 11/1/2013 Sale Price: $930,000 $/SF: $148.56 $/Unit: ----Transaction: OTHE V/P: Doc #: 4051985 Grantor: SILVERNAIL WOODS LLC Grantee: GLSV REALTY LLC Source: Site: 26,115 SF/0.6 Ac Zoning: B5 Taxkey: 0973-010-000 DESCRIPTION OF IMPROVEMENTS: Bldg Ext: BRICK Stories: 1 Clg Hgt: Location: Bldg: 6260 SF Bsmt: Office: Roof: FLAT Yr. Built: 1990 Units: 0 COMMENTS OFFICE; LEGAL: 28-7N-19E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; CONVEYANCE INDICATED AS OTHER - VERIFY; ADDL DEED: TO BROKER: MARCUS & MILLICHAP (TOM KOPATICH 262-3641970 ON 10/31/2013 FOR $930,000; ACRE: 0.600; TAXKEY: 0973-010-000; LISTING: BROKER: MARCUS & MILLICHAP (TOM KOPATICH 262-364-1970) AS OF 06/29/2012 FOR $1,125,000; ACRE: 0.600; TAXKEY: 0973-010000 SOURCE: ONLINE; RENEWED LEASE TO KINDERCARE AN ORIGINAL TENANT WITH 6 YEARS LEFT ON LEASE; FENCED OUTDOOR PLAY AREA; NOI = $88,796; CAP RATE = 7.89%; LISTING: BROKER: MLG COMMERCIAL (STEVE ANDERSON 262-797-9400) AS OF 10/15/2007 FOR $1,210,000; ACRE: 0.600; TAXKEY: 0973-010-000 SOURCE: LOOPNET; 1 OF 4 BLDGS IN A $18.7M PORTFOLIO; EASY ACCESS TO I-94; HIGH TRAFFIC; NOI = $77,319; 10+YRS LEFT ON LEASE; DATE SIGNED IS SURVEY DATE 62561 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 3350 Special Purpose Public/Private Day Care Address: 4647 MORMON COULEE RD LA CROSSE LA CROSSE County, WI Sale Date: 3/18/2014 Sale Price: $535,000 $/SF: $121.59 $/Unit: ----Transaction: SALE V/P: Doc #: 1636910 Grantor: SCR PROPERTIES LLC Grantee: TELLURIAN INC Site: SF/0 Ac Zoning: COM Taxkey: 17-50328-096 Source: DESCRIPTION OF IMPROVEMENTS: Bldg Ext: SIDING Stories: 1 Clg Hgt: Location: Bldg: 4400 SF Bsmt: NONE Office: Roof: GABLE Yr. Built: Units: 0 COMMENTS DAY CARE FACILITY; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; ADDL DEED: DONALD K & DORIE J EARLEY TO SCR PROPERTIES LLC ON 02/12/2010 FOR $315,000; DOC NO: 1544700; ACRE: 0.0; TAXKEY: 17-50328-096 SOURCE: WDOR; LEGAL: 21-15N-07E; TRANSFER TYPE: ORG SALE; BILLBOARD; 280976 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 3350 Special Purpose Public/Private Day Care Address: 740 LAKE PARK RD MENASHA CALUMET County, WI Sale Date: 2/28/2014 Sale Price: $820,000 $/SF: $102.21 $/Unit: ----Transaction: SALE V/P: Doc #: 494476 Grantor: VALLEY INVESTMENTS LLC Grantee: MARQUIS INVESTMENTS LLC Source: WDOR Site: 52,899 SF/1.214 Ac Zoning: Taxkey: 7-01700-12 DESCRIPTION OF IMPROVEMENTS: Bldg Ext: BRICK Stories: 1 Clg Hgt: Location: Bldg: 8023 SF Bsmt: Office: Roof: Yr. Built: 2002 Units: 0 COMMENTS CHILD CARE FACILITY; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE PREV SALE: JLKP INVESTMENTS LLC TO VALLEY INVESTMENTS LLC ON 10/03/2007 FOR $975,000; DOC NO: 422192; ACRE: 1.214; TAXKEY: 7-01700-12 SOURCE: WDOR; TRANSFER TYPE: ORG SALE QUIT CLAIM: REG OF DEEDS: SHIRLEY GREGORY (920) 849-1441 ON 05/30/2007 FOR $2,080,000; DOC NO: 417705; ACRE: 3.000; TAXKEY: 701700-12 SOURCE: WDOR; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; THIS TRANSACTION INCLUDES MORE THAN ONE TAXKEY & PARCEL ADDL DEED: CITY OF MENASHA TO WISCO ENTERPRISES LLP ON 01/31/2003 FOR $66,700; DOC NO: 350018; ACRE: 1.0; TAXKEY: 7-1700-12; REJECTED BY WISC DOR: OTHER ASSEMBLAGE, TM SHRE, GIFT; LEGAL: 17-20N-18E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; VACANT COMM LAND 226529 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 3350 Special Purpose Public/Private Day Care Photo Unavailable Grantor: KINSON PROPERTIES II LLC Grantee: WARREN CARLSON PROPERTIES LLC Source: WDOR Address: 2310 MUSTANG WAY MADISON DANE County, WI Sale Date: 6/12/2012 Sale Price: $685,000 $/SF: $85.74 $/Unit: ----Transaction: OTHE V/P: Doc #: 4886431 Site: 26,223 SF/0.602 Ac Zoning: M1 Taxkey: 0710-154-0908-2 DESCRIPTION OF IMPROVEMENTS: Bldg Ext: STUCCO/SIDING Stories: 1 Clg Hgt: Location: Bldg: 7989 SF Bsmt: Office: Roof: FLAT Yr. Built: 1999 Units: 0 COMMENTS DAY CARE CENTER; GRANTOR/GRANTEE RELATIONSHIP: FINANCIAL; TRANSFER TYPE: OTHER; UNDER A FORECLOSURE OR A DEED IN LIEU OF A FORECLOSURE; CONVEYANCE INDICATED AS OTHER - VERIFY; REASON FOR TRANSFER: FORECLOSURE SHERIFF'S SALE; LOT = 162 x 162 = 26,244 SF; LAND CONTRACT: VENDOR: WARREN CARLSON PROPERTIES LLC, TO VENDEE: KINSON PROPERTIES II LLC ON 01/16/2009 FOR $725,000; DOC NO: 4495363; ACRE: 0.604; TAXKEY: 0710-154-0908-2 SOURCE: WDOR; FINANCING: SELLER; TRANSFER TYPE: ORG SALE; 329047 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Friday, May 15, 2015 By Gina C. Gresch at 2:49 pm, May 15, 2015 Attn: Municipal Clerk or Public Records Custodian Dear Public Records Custodian, Please acknowledge in writing receipt of the attached Notice of Intent to File and Objection Form For Real Property Assessment regarding TAX ID# DELC 0804995 located at 2725 Heritage in City of Delafield. Please acknowledge via fax (888) 308-3919 or email gary@kohlenberg.net with the date and time for my appointment before the Board of Review. Thank you, Sincerely, Gary Kohlenberg OBJECTION FORM FOR REAL PROPERTY ASSESSMENT Section 70.47(7)(a), Wisconsin Statutes states" No person shall be allowed in any action or proceedings to question the amount or valuation of property unless such written objection has been filed and such person in good faith presented evidence to such board in support of such objection and made full disclosure before said board ... " Note: The Board of Review can hear only sworn oral testimony regarding the value of the property. It cannot hear protests regarding the amount of property taxes or questions of exemption. The best evidence of the value of your property is a recent arm's-length sale of your properly. The next best evidence is recent arm's length sales of comparable property. If there are no sales of your Property or comparable property, you should present other evidence that indicates the value of your property. This would include cost, income, appraisals, amount of insurance, and sales of like property. Property Owner Cesar A Velarde, CAVC Holdings Wisconsin LLC, (312) 666-0044 Owner's Mailing Address 1624 West 18th Street Chicago, IL 60608 Owner's Telephone Number (312) 666-0044 Agent (if applicable) Gary Kohlenberg Agent's Mailing Address 604 LaBelle Avenue Oconomowoc, WI 53066-2772 Agent's Telephone Number (262) 569-1800 Please provide the following information on the property and the assessment to which you are objecting. (Attach additional sheets, if necessary.) 1. Property Address 2725 Heritage City of Delafield 2. Legal Description or parcel number from the current assessment roll DELC 0804995 3. Total Property Assessments $1,110,900.00 4. Please explain why you think the above assessed value is incorrect. Please see attached. 5. In your opinion, what was the taxable value of this property on January 1 of the year being appealed? $554,800.00 If this property contains acreage that is not in a market value class, provide a further opinion of the taxable value breakdown: STATUTORY CLASS Residential Total Market Value Commercial Total Market Value Agricultural Classification: # of Tillable Acres # of Pasture Acres # of Specialty Acres Undeveloped Classification # of Acres Agricultural Forest Classification # of Acres Forest Classification # of Acres Class 7 "Other" Total Market Value Managed Forest Land Acres Managed Forest Land Acres ACRES $ PER ACRE FULL TAXABLE VALUE @ $ acre use value @ @ @ @ @ $ acre use value $ acre use value $ acre @ 50% of Market Value $ acre @ 50% of Market Value $ acre @ Market Value Market Value $ acre @ 50% of Market Value Market Value @ @ 6. Check the method of acquisition of the property: Purchase 7. Have you improved, remodeled, added to, or changed this property since acquiring it? yes If yes, describe: All improvements on file with Municipality as building permits. (a) When were the changes made? (b) What were the cost of the changes? (c) Does the above figure include the value of all labor, including your own? 8. Have you listed the property for sale within the last five years? No (a) If yes, when and for how long was the property listed? (b) What was the asking price? (c) What offers were received? 9. (a) Has anyone made an appraisal of this property within the last five years? No (b) If yes, when and for what purpose? (c) What was the appraised value? 10. Please list the name(s) of Board of Review member(s) you are requesting to be removed from your hearing. NOTE: This section does not apply in first or second class cities. 11. Please provide a reasonable estimate of the length of time that the hearing will take 20 minutes. Date 5/15/2015 Owner’s or Agent’s Signature PA-115A (R. 11-09) Gary Kohlenberg - Agent Wisconsin Department of Revenue Notice of Intent to File Objection with Board of Review I, Gary Kohlenberg of Kohlenberg Consulting L.L.C. DBA PropertyTaxBill.com as the agent of the property owner Cesar A Velarde CAVC Holdings Wisconsin LLC, hereby give notice of intent to file an objection on the assessment for the following property: Property Tax ID# DELC 0804995 2725 Heritage for the 2015 Assessment Year in the municipality of City of Delafield. Valuation assigned by Assessor is $1,110,900.00. THIS NOTICE OF INTENT IS BEING FILED at least 48 hours before the Board’s first scheduled meeting. Gary Kohlenberg Friday, May 15, 2015 Gary Kohlenberg Kohlenberg Consulting L.L.C. /PropertyTaxBill.com MASTER PROPERTY LIST Client Name: CAVC Holdings Wisconsin LLC Contact Name: Cesar A Velarde Client Address: Contact Phone: 1624 West 18th Street Client City: (312) 666-0044 Client email: Chicago, IL 60608 Client State: attyvelarde@sbcglobal.net Property Tax ID#: Property Address: Property City: 122 Lake Shore Dr East 1450 4th Street 2789 Milwaukee Rd 2725 Heritage Dr 211 East Geneva 790 W Johnson St N96W17655 ? 4555 W Forest Home Ave 4980 S 76th Street 1540 S Holmen Dr 2624 Miltor Ave 2001 Center St 4222 52nd St 3007 80th St 6945 75th St 1760 22nd Ave 124 E George St 515 N 4th St 3519 Morrison Coulee Rd 100 West Wels 2655 East Washington 1015 N Central Ave 1841 S 14th St 13348 Washington Ave 1250 W Rawson Ave 1259 Crossing Meadows 620 N Main St 800 S Washburn St 1756 County Highway B 5400 Durand Ave 3456 Douglas Ave 333 Lincoln Rd 1322 Erie Ave 940 Commerce Blvd 822 Windsor Street 1800 Gateway Dr 300 6th Street 2100 B North Mountain Rd 2826 S 106th Street 6746 W Greenfield Ave 6003 Business Hwy 51 940 8th St South Ashland WI Beloit Beloit Delafield Elkhorn Fond du Lac Germantown Greenfield Greenfield Holmen Janesville Janesville Kenosha Kenosha Kenosha Kenosha La Crosse La Crosse La Crosse Lake Geneva Madison Marshfield Milwaukee Mount Pleasant Oak Creek Onalaska Oshkosh Oshkosh Plover Racine Racine Rhinelander Sheboygan Slinger Sun Prairie Waukesha Wausau Wausau West Allis West Allis Weston Wisconsin Rapids DELC0804995 5310000900 6179976 4600301100 WAKC1006182 5190143000 439001010 Property State: IL Client Zip Code: 60608 Property Type: 1310 Commercial Restaurant Fast Food Address: 112 N CHICAGO AV SOUTH MILWAUKEE MILWAUKEE County, WI Sale Date: 4/22/2014 Sale Price: $874,800 $/SF: $229.73 $/Unit: ----Transaction: SALE V/P: Doc #: 10358958 Grantor: F2BL LLC Grantee: SUNDANCE INC Site: 48,744 SF/1.119 Ac Zoning: C-2 Taxkey: 723-0095-001 Source: WDOR DESCRIPTION OF IMPROVEMENTS: Bldg Ext: BRICK Stories: 1 Clg Hgt: Location: INTERIOR Bldg: 3808 SF Bsmt: Office: Roof: Yr. Built: 1988 Units: 0 COMMENTS RESTAURANT; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; LOT = 221 x 221 = 48,841 SF PREV SALE: DIVALL INSURED INCOME PROPERTIES 2 LTD TO F2BL LLC ON 04/17/2003 FOR $450,000; DOC NO: 8510298; ACRE: 1.119; TAXKEY: 723-0095-001; FINANCING WAS CONVENTIONAL; FORMERLY HARDEE'S RESTAURNT; AS OF 2-04 BLDG BEING RENOVATED 42209 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 1310 Commercial Restaurant Fast Food Address: 10920 W BURLEIGH ST WAUWATOSA MILWAUKEE County, WI Grantor: STONEPINE INC Grantee: BRODERSEN ACQUISITIONS LLC Source: BUSJOUR/WDOR Sale Date: 1/8/2015 Sale Price: $750,000 $/SF: $216.20 $/Unit: ----Transaction: SALE V/P: Doc #: 10425502 Site: 55,757 SF/1.28 Ac Zoning: COM Taxkey: 296-9999-040 DESCRIPTION OF IMPROVEMENTS: Bldg Ext: STUCCO Stories: 1 Clg Hgt: Location: INTERIOR Bldg: 3469 SF Bsmt: Office: Roof: FLAT Yr. Built: 1984 Units: 0 COMMENTS RESTAURANT; TRANSFER TYPE: ORG SALE LISTING: BROKER: DENNIS RUSSELL APPRAISAL (STEPHEN LAUENSTEIN 414-732-2880) AS OF 07/01/2011 FOR $1,000,000; ACRE: 1.280; TAXKEY: 296-9999-040 SOURCE: CDX; PREV SALE: GREAT LAKES INVESTOR III LLC TO DENNIS RUSSELL (STONEPINE INC) ON 05/22/2003 FOR $615,000; DOC NO: 8537029; TAXKEY: 296-9999-040; WENDY'S; GRANTEE'S BROKER: MLG COMMERCIAL (ANTHONY BARETA 262-938-4449); FINANCING WAS CONVENTIONAL 37896 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 1310 Commercial Restaurant Fast Food Address: 6631 WASHINGTON AV MOUNT PLEASANT RACINE County, WI Sale Date: 2/1/2014 Sale Price: $850,000 $/SF: $215.96 $/Unit: ----Transaction: SALE V/P: Doc #: Grantor: HESTER & HESTER LLC Grantee: DARMOR PROPERTIES LLC Source: BUS JOUR Site: 77,101 SF/1.77 Ac Zoning: Taxkey: 151-03-22-14-093-000 DESCRIPTION OF IMPROVEMENTS: Bldg Ext: SIDING Stories: 1 Clg Hgt: Location: INTERIOR Bldg: 3936 SF Bsmt: NO Office: Roof: Yr. Built: 1984 Units: 0 COMMENTS VERIFY SALE DATE; ROCKY ROCOCO; ADDL DEED: HESTER & HESTER LLC TO DARMOR PROPERTIES LLC ON 01/27/2014 FOR $850,000; DOC NO: 2374034; ACRE: 0.0; TAXKEY: 151-03-22-14-093-000 SOURCE: WDOR; RESTAURANT/BUILDING; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; 217438 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 1310 Commercial Restaurant Fast Food Address: 4762 COTTAGE GROVE RD MADISON DANE County, WI Sale Date: 9/26/2013 Sale Price: $327,500 $/SF: $205.85 $/Unit: ----Transaction: QUIT V/P: Doc #: 5028281 Site: 24,452 SF/0.561 Ac Zoning: COM Taxkey: 0710-102-1317-3 Grantor: RICHARD J DIVELBISS Grantee: 4762 COTTAGE GROVE ROAD MADISON WI LLC Source: WDOR DESCRIPTION OF IMPROVEMENTS: Bldg Ext: STUCCO Stories: 1 Clg Hgt: Location: Bldg: 1591 SF Bsmt: NONE Office: Roof: FLAT Yr. Built: 1992 Units: 0 COMMENTS RESTAURANT OR FOOD PREPARATION SERVICE; LEGAL: 13-7N-10E; FINANCING: CONVENTIONAL; GRANTOR/GRANTEE RELATIONSHIP: OTHER; TRANSFER TYPE: OTHER; BETWEEN A LIMITED LIABILITY COMPANY AND ONE OR MORE OF ITS MEMBERS; REASON FOR TRANSFER: CONTRIBUTION TO LLC BY SOLE MEMBER 359258 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 1310 Commercial Restaurant Fast Food Address: 1434 CRANSTON RD BELOIT ROCK County, WI Sale Date: 12/27/2012 Sale Price: $470,000 $/SF: $198.73 $/Unit: ----Transaction: SALE V/P: Doc #: 1967227 Grantor: FRAUENSHUH HOSPITALITY GROUP OF MINNESOTA LLC Grantee: KEEPER HOLDINGS LLC Site: 29,100 SF/0.668 Ac Zoning: Taxkey: 206-1243-06-50 Source: DESCRIPTION OF IMPROVEMENTS: Bldg Ext: Stories: 1 Clg Hgt: Location: Bldg: 2365 SF Bsmt: Office: Roof: Yr. Built: 1970 Units: 0 COMMENTS DAIRY QUEEN, FAST FOOD RETAIL; LEGAL: 24-1N-12E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; ADDL DEED: KRAUS FOODS INC TO FRAUENSHUH HOSPITALITY GROUP OF MINNESOTA LLC ON 03/26/2008 FOR $454,500; DOC NO: 1826705; ACRE: 0.668; TAXKEY: 206-1243-06-50 SOURCE: WDOR; LEGAL: 24-01N-12E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; REG OF DEEDS: RANDAL LEYES (608) 757-5650; PREV SALE: FRED R JR AND JILL THOMAS TO KRAUS FOODS INC ON 07/16/2004 FOR $250,000; DOC NO: 1672006; ACRE: 0.668; TAXKEY: 206-1243-06-50 SOURCE: ASSESSOR; DAIRY QUEEN; SALE IS SUSPECT & DOSN'T COMPARE WITH OTHER FAST FOOD SALES; LOT SIZE = 29,100 SF; GBA = 2365 SF; YR BLT = 1970; LEGAL: 24-1N-12E; FINANCING: ASSUMED EXISTING; TRANSFER TYPE: ORG SALE; DAIRY QUEEN BLAZIER 133924 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 1310 Commercial Restaurant Fast Food Address: 9124 W LINCOLN AV WEST ALLIS MILWAUKEE County, WI Sale Date: 2/1/2015 Sale Price: $510,000 $/SF: $180.40 $/Unit: ----Transaction: SALE V/P: Doc #: Grantor: COUSINS SUBMARINES INC Grantee: CJ3-1118 LLC Source: BUS JOUR Site: 16,365 SF/0.376 Ac Zoning: Taxkey: 479-0826-001 DESCRIPTION OF IMPROVEMENTS: Bldg Ext: BRICK Stories: 1 Clg Hgt: Location: Bldg: 2827 SF Bsmt: Office: Roof: HIP Yr. Built: 1983 Units: 0 COMMENTS VERIFY SALE DATE PREV SALE: J SHEP LLC TO COUSINS SUBMARINES INC ON 03/31/2014 FOR $510,000; DOC NO: 10347107; ACRE: 0.376; TAXKEY: 479-0826-001 SOURCE: WDOR; RESTAURANT; LEGAL: 4-6N-21E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE PREV SALE: SANDWICH PROPERTIES LLP TO J SHEP LLC ON 08/15/2006 FOR $389,000; DOC NO: 9302232; ACRE: 0.376; TAXKEY: 479-0826-001 SOURCE: WDOR; COUSIN'S BUB SHOP; REJECTED BY WDOR, BUT NO SPECIFIC CAUSE PROVIDED - VERIFY; GRANTOR/GRANTEE RELATIONSHIP: OTHER; TRANSFER TYPE: OTHER (DISTRIBUTION TO PARTNER) 194122 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED Property Type: 1310 Commercial Restaurant Fast Food Address: 4400 RIB MOUNTAIN DR TOWN OF RIB MOUNTAIN MARATHON County, WI Sale Date: 5/30/2014 Sale Price: $642,000 $/SF: $176.04 $/Unit: ----Transaction: SALE V/P: Doc #: 1671957 Grantor: JAMES P MAY ET AL Grantee: CFT DEVELOPMENTS LLC Source: WDOR Site: 50,094 SF/1.15 Ac Zoning: Taxkey: 34-102807-016-0030000 DESCRIPTION OF IMPROVEMENTS: Bldg Ext: Stories: 1 Clg Hgt: Location: Bldg: 3647 SF Bsmt: Office: Roof: Yr. Built: 1998 Units: 0 COMMENTS WENDY'S; FUTURE DEVELOPMENT OF RESTAURANT; TRANSFER TYPE: ORG SALE EXPR LISTING: BROKER: MID AMERICAN REAL ESTATE (MARK GOLDBERG 630-954-7395) AS OF 10/18/2006 FOR $1,574,585; ACRE: 1.150; TAXKEY: 34-102807-016-0030000 SOURCE: ONLINE; LIST DATE IS SURVEY DATE; WENDY'S RESTAURANT; NET OPERATING INCOME $102,348; WENDY'S IS AN OUTLOT TO A STRIP CENTER WITH MANY RETAILERS PREV SALE: NORTH-WEND FOODS LLC TO JAMES P MAY ET AL ON 10/20/2004 FOR $1,600,000; DOC 1392308; WENDY'S RESTARANT; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; TKEY 34102807-016-003-00-00; LEGAL: SEC 10-28-07, PT OF SE 1/4 SE 1/4 - LOT 1, CSM VOL 31 PG 180 (#8227) 140437 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED City: New Berlin, City of, New Berlin, City of County: Waukesha County GIS, Waukesha, County of, Waukesha, County of Yahoo! Maps Google Maps Property Type: 131 Commercial Restaurant Fast Food Address: 3530 S Moorland Rd New Berlin Waukesha County, WI 53151 Sale Date: 5/1/2014 Sale Price: $596,400 $/SF: $253.25 $/Unit: ----Transaction: SALE Doc #: Taxkey: 1207-970-001 Grantor: QSR INC Grantee: SUNDANCE INC Site: 42,471 SF/0.975 Ac Zoning: B1 FHZ: Traffic: Cap Rate: 0 Source: BUS JOUR Water: Sanitary: Waterfront: DESCRIPTION OF IMPROVEMENTS: Bldg Ext: STUCCO Stories: 1 Wall Ht: Location: Bldg: 2355 SF Bsmt: Office: Roof: Yr. Built: 1985 Units: 0 COMMENTS: VEIFY SALE DATE; TACO BELL; FAST FOOD RESTAURANT PREV SALE: NEW BERLIN ASSOCIATES LLP TO NEW BERLIN ENTERPRISES LLC ON 02/16/2010 FOR $491,300; DOC NO: 3727721; ACRE: 0.975; TAXKEY: 1207-970-001 SOURCE: WDOR; LEGAL: 14-06N-20E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; ADDL DEED: QSR INC TO SUNDANCE INC ON 04/22/2014 FOR $596,402; DOC NO: 4078505; ACRE: 0.974; TAXKEY: 1207970-001 SOURCE: WDOR; RESTAURANT; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; REASON FOR TRANSFER: ALL INTEREST IN IMPROVEMENTS; LOT = 206 X 206 = 42,436 SF; Find a Mistake? Find a Broken Link? History (1) 282319 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED