STATE OF WISCONSIN

TOWN OF BENNETT, DOUGLAS COUNTY

OPEN BOOK

MONDAY, MAY 25, 2021, 4-6 PM

Pursuant to Wis. Stat. 70.45, the assessment roll for the Year 2021 assessment will be open for examination on the 25^th day of May, 2021 at the Bennett Town Hall, 9215 E County Road L, Bennett, Wisconsin, from 4 p.m.-6 p.m. The assessor, Ken Thimm, will be available at that time.

Instructional material will be provided at the open book to persons who wish to object to valuations under Wis. Stat. 70.47.

BID OPENING:

Bennett Road Culvert Project Bids and Culvert Bids

At the May 10 town board meeting, the town board opened and reviewed bids for the Bennett Road Culvert Project.

There was only one bid for the culverts:

ASDCO Construction Supply--$7,388.00 for each pipe, 2 required for a total of $14,776.00

Wes Koehler moved to accept the bid from ASDCO for the culverts. Seconded by Barry Carlson.  Motion Carried. Bruce Sutherland will order the pipe.

Four bids were received for the culvert project:

Solon Springs Concrete           $6,850.00

Lake Effect Construction         $6,850.00

Tyler’s Excavating LLC           $14,300.00

Olson Brothers Contractors    $17,416.00

Wes Koehler moved to accept the bid from Solon Springs Concrete for $6,850.00.  Barry Carlson seconded.  Motion Carried.  Tim Haskins abstained due to conflict of interest. Tim will notify Solon Springs Concrete.

   ANNUAL  

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TOWN OF BENNETT, DOUGLAS COUNTY

BOARD OF REVIEW—MONDAY, JUNE 7, 2021 6-8 PM

Notice is hereby given that the Board of Review for the Town of Bennett, Douglas County, Wisconsin, shall hold its first meeting on June 7, 2021 from 6 p.m. to 8 p.m. at the Bennett Town Hall, 9215 E County Road L, Bennett, Wisconsin.

Please be advised of the following requirements to appear before the Board of Review (BOR) and procedural requirements if appearing before the Board:

1. After the first meeting of the board of review and before the board’s final adjournment, no person who is scheduled to appear before the board of review may contact or provide information to a member of the board about the person’s objection, except at a session of the board. Open book shall occur no less than 7 days prior to the board of review.
2. The board of review may not hear an objection to the amount or valuation of property unless, at least 48 hours before the board’s first scheduled meeting, the objector provides to the board’s clerk written or oral notice of an intent to file an objection, except that upon showing of good cause and the submission of a written objection, the board shall waive that requirement during the first 2 hours of the board’s first scheduled meeting, and the board may waive that requirement up to the end of the 5^th day of the session or up to the end of the final day of the session if the session is less than 5 days with proof of extraordinary circumstances for failure to meet the 48-hour notice requirement and failure to appear before the board of review during the first 2 hours of the first scheduled meeting.
3. Objections to the amount or valuation of property shall first be made in writing and filed with the clerk of the board of review within the first 2 hours of the board’s first scheduled meeting, except that, upon evidence of extraordinary circumstances, the board may waive that requirement up to the end of the 5^th day of the session or up to the end of the final day of the session if the session is less than 5 days. The board may require objections to the amount or valuation of property to be submitted on forms approved by the Department of Revenue, and the board shall require that any forms include stated valuations of the property in question.  Persons who own land and improvements to that land may object to the aggregate valuation of that land and improvements to that land, but no person who owns land and improvements to that land may object only to the valuation of that land or only to the valuation of improvements to that land.  No person may be allowed in any action or proceedings to question the amount or valuation of property unless the written objection has been filed and that person in good faith presented evidence to the board in support of the objections and made full disclosure before the board, under oath, of all of that person’s property liable to assessment in the district and the value of that property.  The requirement that objections be in writing may be waived by express action of the board.
4. When appearing before the BOR, the person shall specify in writing, the person’s estimate of the value of the land and of the improvements that are the subject of the person’s objection and specify the information that the person used to arrive at that estimate.
5. No person may appear before the BOR, testify to the board by telephone, or object to a valuation if that valuation was made by the assessor or the objector using the income method of valuation, unless the person supplies the assessor with all the information about income and expenses, as specified in the assessor’s manual under Wis. Stat. 73.03(2a), that the assessor requests. The Town of Bennett has an ordinance for the confidentiality of information about income and expenses that is provided to the assessor under this paragraph that provides exception for persons using information in the discharge of duties imposed by law or the duties of their officer or by order of a court.* The information that is provided under this paragraph, unless a court determined that it is inaccurate, is not subject to the right of inspection and copying under Wis. Stat. 19.35(1).

• 70.47(7)(aa), Wis. Stats., provides that the BOR may deny a hearing to property owner who does not allow the assessor to complete an exterior view. However, the Wisconsin Supreme Court expressed due process concerns regarding a similarly worded statute in Milewski v. Town of Dover, 2017 WI 79, 377 Wis. 2d 38, 899 N.W.2d 303.  It is DOR’s recommendation to allow a BOR hearing even if the property owner denied an interior or exterior view.  The lack of access to view, and the credibility of evidence offered can be managed as an evidentiary issue at BOR hearing, rather than denying access to the BOR.
• After the first BOR meeting and before the BOR’s final adjournment, no person who is scheduled to appear before the BOR may contact, or provide information to, a member of the BOR about that person’s objection except at a BOR session.
• No person may appear before the BOR, testify to the BOR by phone or object to a valuation; if the assessor or objector made the valuation using the income method; unless the person supplies the assessor with all the information about income and expenses, as specified in the manual under state law ( 73.03(2a), Wis. Stats.), that the assessor requests. The municipality or county must provide by ordinance for the confidentiality of information about income and expenses provided to the assessor under this paragraph and shall provide exceptions for persons using the information in the discharge of duties imposed by law or of the duties of their office or by order of a court. The information that is provided under this paragraph, unless a court determines that it is inaccurate, is not subject to the right of inspection and copying under state law (sec. 19.35(1), Wis. Stats.).
• No person may appear before the board of review, testify to the board by telephone, or contest the amount of any assessment unless, at least 48 hours before the first meeting of the board, or at least 48 hours before the objection is heard if the objection is allowed under s.70.47 (3) (a), Wis. stats., that person provides to the clerk of the board of review notice as to whether the person will ask for the removal of a member of the board of review and, if so, which member, and provides a reasonable estimate of the length of time the hearing will take.

Tamara L. Johnson, Clerk

May 10, 2021