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City by the Lake.org, The Voice of Michigan City, Indiana _ City Talk _ Assessor controversy
Posted by: southsider2k7 Nov 27 2007, 11:57 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=6944&TM=46499.27
Their future is in question as officials look at ways to cut costs, better state’s property tax system.
Laurie Wink
The News-Dispatch
LA PORTE - Controversy swirls around proposals to change Indiana's property tax system, with delays in property tax bills and many unhappy with the property assessment system.
Gov. Mitch Daniels has proposed eliminating all 1,008 elected county and township assessors.
His plan calls for streamlining the assessment process by having a single appointed assessor in each of Indiana's 92 counties selected by county councils. That selection would be on the basis of professional skills and experience, rather than having elected assessors.
Howard Conley has been trustee assessor in Springfield Township for 29 years and says the system provides valuable services to residents. Conley isn't against combining some smaller townships. But if county and township assessors are cut, the concern is townships could disappear.
"The Governor would like to eliminate township government all together," Conley said. "But you're not going to have volunteer firemen. They won't stay. In order to maintain fire protection, you will have to go to paid firemen. Where's that going to save money?"
The Indiana Assessors Association opposes Daniels' plan. While the governor would trim the number of statewide assessors to 92, the assessor group is recommending even fewer; one appointed assessor for 10 regions in the state.
Assessors have received the brunt of criticism for late tax bills and increased assessment figures. They want to change the public perception by having supervisors in the 10 regions report to the Indiana Department of Revenue, in an attempt to produce more consistent property assessments.
The IAA also would add one certified, experienced assessor in each region who would be selected by and report to the regional supervisors. This approach may eliminate all of the state's elected township assessors.
The Indiana Township Association Inc., created to support trustees and assessors, represents more than 750 of the state's 1,008 townships. The organization is preparing to fight efforts to do away with township government.
Of La Porte County's 21 townships, only the three largest - Center, Coolspring and Michigan - have full time assessors. The other 18 townships have elected officials serving as assessors and trustees.
Mike Schultz, assessor for Center Township, agrees township assessors bring a wealth of knowledge of local properties.
Schultz said he has been able to work well with the Nexus Group consultants hired to handle property values. He added his familiarity with Center Township gives him an edge consultants don't have when determining property values.
To boost the professional competency of township assessors, the state two years ago required all township assessors to become certified as Level 1 of Level 11 assessors.
But Conley says things haven't changed all that much.
"It's like before," Conley said. "There are good township assessors and those who don't care if they do a thing. That's what makes it bad for all of us."
The veteran township official does not like the move to more centralized and privatized government services being pushed by Daniels.
"I voted for him, but he's dead on arrival in the next (election)," Conley said.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: Roger Kaputnik Nov 27 2007, 01:15 PM
I hope that is correct about the re-election of Gov. Doofus.
Posted by: JHeath Nov 28 2007, 09:26 AM
I'm speechless...does she really think she hasn't done anything wrong here?
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=7030&TM=37616.13
Assessor's Certification Threatened
State agency slams 23 counties for their delay in providing tax data.
Laurie Wink
The News-Dispatch
LA PORTE - La Porte County Assessor Carol McDaniel could have her assessor certification revoked by a state agency if she doesn't provide the agency with delinquent property data.
The Indiana Department of Local Government Finance slammed assessors in 23 counties Tuesday, saying they face consequences if data isn't provided by Dec. 10.
Penalties for failing to produce the information include a written reprimand or losing assessor credentials for one year, DLGF Commissioner Cheryl Musgrave said.
"Delinquent data is an indication that 2008 tax bills may not go out on time, and counties may have to borrow in 2008 to fund services to taxpayers," Musgrave said in her announcement.
McDaniel refused to answer messages at her office Tuesday as well as a face-to-face questions Monday after the La Porte County Council meeting. She referred questions to county attorney Shaw Friedman.
The latest charge is McDaniel did not provide county property data by the original due date of Oct. 1 or by the extended date of Nov. 15.
Friedman said Tuesday he is confident the assessor's office will provide the required data to the DLGF by Dec. 10.
"I'm a little surprised that the agency would threaten to revoke certifications over data that is a month or so overdue since the state has spent time and money getting those folks properly trained and certified in the first place," Friedman said.
County treasurer Ken Layton said late data at the beginning has a domino effect. He said state law requires DLGF to certify county tax rates by Feb. 15. To do that, County Auditor Teresa Shuter needs to get property assessment data in October, apply exemptions and send the data to the state.
Layton said Musgrave recently took over as DLGF commissioner. All county officials knew deadlines were going to be strictly enforced, Layton said.
"The DLGF has a directive given to it by the General Assembly and the governor's office to fix it," Layton said. "Musgrave is following that edict to the letter."
The DLGF notified the 23 county assessors by e-mail last week delinquent data must be turned in by Dec. 10, or a certification revocation process would be started within 90 days. It's up to Musgrave to decide whether to issue a written reprimand or to revoke the assessor's certification.
According to Musgrave's announcement, her agency offered data assistance teams in July to help in putting the data package together.
The county is also answering the current challenge as well as a different DLGF directive issued Nov. 7. The assessor is required to submit a formal written response by Dec. 8 addressing "serious concerns" about the county's assessed property values.
Those concerns were raised when DLGF responded to a petition filed by Long Beach's Bill Wendt, who challenged the accuracy of the assessments. His charge was based findings by Robert Denne, an analyst hired by Wendt, indicating county property assessments for 2006 were faulty.
Responding to Wendt's challenge, McDaniel distributed a news release stating Wendt failed in his attempt to delay the approval of county tax rates. The DLGF issued its own press release countering McDaniel's claim.
The DLGF set a Dec. 8 date for a rebuttal by the county for Wendt's petition.
McDaniel has incurred expenses from Friedman's services, and entered into a contract with The Nexus Group, a consulting firm that does the bulk of the work of the assessor's office. On Monday, the county council approved a $50,000 request from McDaniel to pay for another consultant to reassess property values challenged by homeowners before the Property Tax Assessment Board of Appeals.
Musgrave was blunt in her needs and those of the DLGF.
"The end goal is to ensure that no Hoosier is paying more than their fair share of property taxes," Musgrave said in the statement. "That can only be accomplished when policymakers can make informed decisions based on complete, accurate data.
Posted by: southsider2k7 Nov 28 2007, 09:37 AM
Wait a sec...
Then why are we paying an assessor if someone else is being paid to do the work???
Posted by: Roger Kaputnik Nov 28 2007, 12:28 PM
That is not a new thing. I don't think anyone could do it all especially at what an assessor gets. Imagine that!
I would like to see one of these appeals: Are they available on-line? Or at public meetings?
Posted by: JHeath Nov 28 2007, 12:35 PM
I'd like to know what she's doing, why she's spending so much money, and why she needs the outside help.
Posted by: southsider2k7 Nov 28 2007, 01:50 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=72&ArticleID=7022&TM=53553.58
Governor Daniels Wants To Replace Them
Editorial
Gov. Mitch Daniels has proposed that all 1,008 elected township assessors in Indiana be replaced with 92 appointed assessors - one for each county.
And while that might be a popular suggestion at a time when Hoosiers are riled up over a botched reassessment, higher property taxes - and for some counties, late tax bills - rushing into something like that isn't a good idea.
Daniels has been big on consolidating and reducing the size of state government, but before making such a major change, it would be a good idea to thoroughly think the idea through.
Reading between the lines of Daniels' proposal, the real target isn't necessarily elected assessors, but township government. In a visit with The News-Dispatch Editorial Board over a year ago, Daniels said he believed township government was antiquated. By targeting assessors, that strikes at the heart of what township government does.
In many smaller townships, the township trustee doubles as the assessor. Removing the assessment duties from trustees would leave them with the responsibility of poor relief and fire protection.
Springfield Township Trustee and Assessor Howard Conley has held office for 29 years. He said he isn't opposed to combining the duties of assessors in some smaller townships, but doesn't want to eliminate all assessors.
He's especially concerned that if Daniels gets his way and eliminates township government, the excellent network of volunteer fire departments that serve the bulk of the state would disappear, too. Paid firefighters would be required, and Conley wonders who would pay to replace them with paid firefighters. That question must be answered before Daniels' proposal to eliminate any part of township government moves forward.
The Indiana Assessors Association has its own proposal aimed at making assessors more accountable. It would create 10 regions in the state with an appointed assessor overseeing each region with the responsibility of making sure assessments are done on time, professionally and fairly.
Ultimately, that's what everyone wants, but before charging into a wholesale overhaul of state government, let's make sure the change being made is the right one.
Our Opinion
The Issue: Should assessing at the township level be replaced with one assessor per county?
Our Opinion: Before any sweeping changes in township government are adopted, Indiana lawmakers must look at all the implications. Township trustees, for example, provide fire fighting in much of rural Indiana.
Posted by: Roger Kaputnik Nov 29 2007, 01:06 PM
I am against just about ANYTHING the Gov thinks is a good idea. He has yet to come up with one.
Posted by: ChickenCityRoller Nov 29 2007, 08:27 PM
I'd like to know what she's doing, why she's spending so much money, and why she needs the outside help.
The outside help is getting outside help.
Posted by: JHeath Nov 30 2007, 09:52 AM
The outside help is getting outside help.
Really? Interesting...fill us in.
Posted by: JHeath Nov 30 2007, 10:27 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=7100&TM=41484.75
Attorney Defends Assessor
Laurie Wink
The News-Dispatch
LA PORTE - La Porte County Attorney Shaw Friedman said the threat by state officials to pull certifications of 23 county assessors, including La Porte's Carol McDaniel, was a "massive over-reaction" to the state's reassessment problems.
The Department of Local Government Finance announced this week that 23 county assessors are delinquent in providing property data for 2007 taxes, payable in 2008. Unless those assessors provide the information by Dec. 10, the DLGF said it will consider penalizing the assessors.
Penalties include receiving a written reprimand, losing assessor credentials or having them suspended for one year, according to Cheryl Musgrave, DLGF commissioner.
Friedman said assessor Carol McDaniel has "jumped over every hoop placed in her way."
"She will certainly provide the 2007 pay 2008 assessment data by the Dec. 10 deadline," Friedman said. "But it's important that the public know she's working hard at this even with distractions like the Wendt lawsuits and has gotten approval from the state twice on our 2006 pay 2007 assessments."
Long Beach resident Bill Wendt has filed a lawsuit challenging the county's reassessment numbers.
The 2007 property data for 2008 tax bills were originally due Oct. 1 but the deadline was extended to Nov. 15. Musgrave said she wants to produce timely county-wide property tax bills for 2007 taxes payable in 2008.
Friedman defended McDaniel by saying the DLGF has "diverted and preoccupied Ms. McDaniel with yet a third review of the same 2006 payable 2007 data they had approved twice earlier this year."
DLGF's request for a written defense of the county's 2006 payable 2007 data, due Dec. 8, came after Wendt filed a petition with the DLGF claiming inaccuracies in the county-wide assessment data. His claim was based on analysis of county records by independent tax consultant Bob Denne, hired by Wendt.
Friedman claims Denne is using data identified as preliminary at the time it was given to Wendt.
Wendt filed a lawsuit against McDaniel in January to obtain county-wide property assessment records for 2006. Representing McDaniel in court, Friedman said the county would not provide Wendt with records containing sensitive information and needed to know precisely which records he wanted. The case has yet to be settled.
Friedman said the DLGF approved La Porte County's 2006 pay 2007 data first on March 16, and again on Sept. 6, when Musgrave did not ask for a reassessment of the county's property at the time when other counties, notably Marion County, were requested to conduct reassessments.
"Now the assessor is having to provide a hugely detailed response for the third time regarding 2006 pay 2007 assessments in response to yet another flawed study submitted by Mr. Wendt to the DLGF," Friedman said. "At some point, the DLGF needs to stick to its guns and not require further justification for work they have previously approved."
The DLGF announcement that La Porte County data for the next property tax year is past due raises questions about delivery of tax bills in 2008, according to Musgrave.
"Delinquent data is an indication that 2008 tax bills may not go out on time, and counties may have to borrow in 2008 to fund services to taxpayers," Musgrave said in her announcement.
Posted by: southsider2k7 Nov 30 2007, 01:21 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=72&ArticleID=7082&TM=51604.86
The Issue: Too many things aren't going right in the La Porte County assessor's office.
Our Opinion: Assessor Carol McDaniel is not up to the challenge of carrying out the duties of this office, and she should step aside.
--------------------------------------------------------------------------------
County Assessor
Carol McDaniel Should Resign
Editorial
Too much is wrong in the way La Porte County Assessor Carol McDaniel is running the office, and she should resign.
Many share the blame for property tax mess that has hit Indiana. Attempts over the years to fix the system just seem to have compounded problems.
And while many counties are struggling, like La Porte County, to get their tax bills in the mail, McDaniel has made the situation worse.
The fact that a representative of the Indiana Department of Local Government Finance felt compelled to clarify McDaniel's statements about La Porte County's property tax assessment is very telling. McDaniel said "The DLGF has now twice confirmed that the underlying assessed values in La Porte County are accurate and uniform."
However, spokeswoman for DLGF Mary Jane Michalak disputed that, saying DLGF contacted county officials Nov. 7 to express "serious concerns about their assessed values."
And the agency says, if McDaniel doesn't provide delinquent data by Dec. 10, it could revoke her assessor certification.
This week, as our reporter sought to interview her about this, she declined and referred questions to a county attorney. As an elected officeholder, McDaniel shouldn't defer to anyone when it comes to discussing how she runs her office. Brushing off questions only raises more concerns, and if you can't talk about it, what are you hiding?
McDaniel also erred earlier this year when she decided residential property owners would not be mailed a Form 11 this year. The form tells property owners their new assessed valuation. McDaniel said she put that information on line instead to save money. But of all times to switch procedures and not mail the notices, this was not the year. Commercial and industrial property owners did get their notices by mail.
Then there are the assessment figures themselves. Many challenges have been filed, and critics contend that the assessed values vary wildly and are unfair. When so many complaints and challenges arise, it indicates that, starting in the office of county assessor, things aren't being run very well.
It's time for McDaniel to admit she was not up to the challenge and let someone else get the job done.
Too much is wrong in the way La Porte County Assessor Carol McDaniel is running the office, and she should resign.
Many share the blame for property tax mess that has hit Indiana. Attempts over the years to fix the system just seem to have compounded problems.
Many counties are struggling, like La Porte County, to get their tax bills in the mail, but McDaniel has made the situation worse with recent statements.
The fact that a representative of the Indiana Department of Local Government Finance felt compelled to clarify McDaniel's statements about La Porte County's property tax assessment is very telling. McDaniel said "The DLGF has now twice confirmed that the underlying assessed values in La Porte County are accurate and uniform."
However, spokeswoman for DLGF Mary Jane Michalak disputed that, saying DLGF contacted county officials Nov. 7 to express "serious concerns about their assessed values."
This week, as our reporter sought to interview her about the assessment issues, she declined and referred questions to a county attorney. As an elected officeholder, McDaniel shouldn't defer to anyone else when it comes to discussing how she runs her office. Brushing off questions only raises more concerns, and if you can't talk about it and have to hide behind a lawyer, what are you hiding?
McDaniel also made an error in judgment earlier this year when she decided residential property owners would not be mailed a Form 11 this year. The form tells property owners their new assessed valuation, something homeowners have been worried about throughout the long reassessment process. McDaniel said she put that information online instead to save money. But of all times to switch procedures and not mail the notices, this was not the year. Commercial and industrial property owners did get their notices by mail.
Then there are the assessment figures themselves. Many challenges have been filed, and critics contend that the assessed values vary wildly and are unfair. When so many complaints and challenges arise, it indicates that, starting in the office of county assessor, things aren't being run very well.
It's late in the process, but it's time for McDaniel to admit she was not up to the challenge, and pave the way for someone else to get the job done.
Posted by: southsider2k7 Nov 30 2007, 01:33 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=106&ArticleID=7083&TM=52393.46
Rick Richards
City Editor, The News-Dispatch
La Porte County voters had their chance and they blew it.
Now we're stuck with County Assessor Carol McDaniel for another three years. Here's hoping the Indiana Department of Local Government Finance follows through with its threat to yank her credentials if she doesn't clear up La Porte County's overdue tax assessment mess by Dec. 10.
The DLGF has threatened McDaniel and 22 other county assessors with loss of their assessing credentials and other possible penalties if delinquent tax data for 2008 tax bills isn't cleared up, according to DLGF Commissioner Cheryl Musgrave. That puts the ball squarely in McDaniel's court, but then she's been fumbling the reassessment ball for more than a year.
After all, this is the same Carol McDaniel, who right before the 2006 election, "misplaced" $601 of taxpayer money and had such shoddy record keeping that receipts for cash payments to her office from most of 2003, 2004, 2005 and 2006 couldn't be found. The missing $601 is only what could be documented from about the equivalent of one year of receipts that could be found from those years.
And where were those receipt books found? In a trash can at the La Porte County courthouse.
McDaniel couldn't explain the missing receipt books or how others wound up in the trash. That didn't matter, though because she found refuge in the Democratic Party when county attorney Robert Szilagyi - who wanted to be Circuit Court judge - brushed aside the missing money as a tempest in a teapot.
He said it "hardly qualifies as a scandal or impropriety."
If someone walks into my house and takes $601 it's a Class D felony punishable by six months to three years in prison and a $10,000 fine. Apparently that's not the case if you're an elected official.
No wonder rip-off artists who scam non-profits and small businesses in La Porte County can get away with their crime. If stealing $50,000 or $100,000 isn't worth the county's time to prosecute, well, you can understand why they won't prosecute one of their own for $601.
But the bigger issue is McDaniel's incompetence with property tax assessment. Her bungling is why no one in the county has a property tax bill yet - more than 10 months after the bills were supposed to be mailed.
The News-Dispatch has been trying to ask McDaniel why she hasn't gotten the numbers straightened out and taxpayers still don't have a tax bill.
Taxpayers have been asking, too, because they've called me tell me they've tried to get answers.
But McDaniel isn't talking to anyone except county attorney Shaw Friedman.
When a News-Dispatch reporter asked McDaniel if she could talk after Monday's County Council meeting, she declined, saying we would "have to ask Shaw."
When The News-Dispatch telephoned her on Tuesday and asked again, she didn't even bother to return the calls.
So when we reported that, we heard from Shaw, who complained that our reporting was making McDaniel look like she didn't want to talk.
No, we aren't. She's doing that all by herself.
If she wants to ignore reporters, fine. But she ought to be answering questions and talking to every taxpayer she sees. She owes them an explanation. After all, it's taxpayer who put her in office and McDaniel answers to them, not to Friedman or the Democratic Party.
McDaniel owes the entire county an explanation. Only this time, her answer can't be dismissed as hardly a "scandal or impropriety."
Posted by: JHeath Dec 3 2007, 10:56 AM
http://www.heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=118&TM=43130.79
Property tax bills available for pickup
LA PORTE COUNTY - Printouts of property tax bills are now available at the La Porte County Treasurer's office at the La Porte Circuit Courthouse, 813 Lincoln Way, La Porte.
Although the bills will be mailed in two weeks, payments can be made "at any time," according to Chief Deputy Treasurer Mike Mauer.
Payments made before Jan. 1 can be credited to property owners' 2007 income tax returns.
Posted by: southsider2k7 Dec 4 2007, 08:44 AM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=7134&TM=34555.37
I expect Rick Richards will be blaming County Assessor Carol McDaniel for this recent cold snap before too long ["McDaniel owes county explanation," Friday]. For instance, why blame her for late tax bills when most counties in Indiana didn't send out tax bill before Nov. 1 this year because of hold-ups from the state? LaPorte County's tax bills will be going out in the next few days just like Porter and Lake County's bills went out this week.
He's also upset that Carol declined to talk to his reporter at Monday's County Council meeting, but he failed to mention that on matters of pending litigation we always urge our clients to refer inquiries to us.
The proof of the assessor's performance is in the pudding - we fully believe that because of the county and township assessors' efforts to bring in a top-flight consulting firm - the Nexus Group - that most homeowners won't see a massive spike in their property tax bills. Unlike the debacle in Marion County where most commercial and industrial properties showed no increase in assessments, Carol McDaniel and Nexus Group have worked to ensure that commercial and industrial properties pay their fair share so that average homeowners don't have to make up the difference.
And yes, she and her consultants have made sure that upscale residences in neighborhoods such as Lake Shore Drive - like the one that Bill Wendt lives in - are properly assessed at what the market determines is actual value. Furious over his own assessments, Wendt is underwriting various lawsuits to try to derail this county's approved assessments.
We will continue vigorously defending the actions of this county assessor and township assessors whose 2006 pay 2007 assessments have been approved twice this year by the state. Thanks to Mr. Wendt, we have been forced to provide yet another detailed defense of 2006 pay 2007 assessments, which was filed with the state on Wednesday, to respond to another of his flawed expert reports.
Fortunately, tax bills will be going out in the next few days to provide badly needed revenues for libraries, schools, the county and cities to provide needed services.
Rather than exhaust the appeal process available to any taxpayer wishing to appeal their assessment, Mr. Wendt is trying to force taxpayers to pay for an expensive new countywide reassessment and derail our entire tax collection process. We will oppose that effort even as the assessor seeks to finalize 2007 pay 2008 data and submits it to the state.
Shaw Friedman
LaPorte County Attorney
Posted by: southsider2k7 Dec 7 2007, 12:07 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=7363&TM=47507.28
Well, Mr. Friedman, you say "The proof of the assessor's performance is in the pudding." What pudding? She hired a "top-flight" consulting firm (at what cost?) to make the "pudding" for her. If you have to hire someone to do your job, then what good are you? You are not needed. Go figure.
Bettie Helton
Michigan City
Posted by: Roger Kaputnik Dec 7 2007, 12:55 PM
Puddin-headed analysis if you ask me. But cute
Posted by: southsider2k7 Dec 11 2007, 10:43 AM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=118&ArticleID=7514&TM=42389.4
Dr. Vidya Kora
A lot has been written about property taxes recently. Lawsuits have been filed and the county assessor has been blamed and asked to step down without understanding the historical facts and the complexity of this issue.
As a result of a lawsuit filed in Lake County in the late 1990s the courts ruled that the old system of assessment based on replacement costs be scrapped and a new system based on market value and the current sales data should guide assessments. This system was implemented in 2002 based on the sales data from January 1999 and was readjusted four years later in 2006 based on the current sales data, and in the future it will be adjusted annually as opposed to every 10 years as was done prior to 1999.
Over the past 10 years, as home prices appreciated substantially, the market values especially in certain areas of La Porte County like the Long Beach area, more than doubled because the prices in these areas tend to be linked to the Chicago market. Mr. Wendt, upset with the dramatic increase in tax bills caused by a significant appreciation in assessed values, filed lawsuits against the county challenging the assessments. The lawsuits have contributed significantly to the delay in sending out the tax bills.
Being a property owner, I fully understand the pain of people whose taxes have gone up drastically. But when the courts and the state have mandated an assessment system based on current market value, the county assessor has no choice but to follow and implement those mandates. This system could have imperfections and if a taxpayer feels an assessment is not accurate, the taxpayer can appeal the assessment at several levels, starting with the township assessor. If taxpayers do not get satisfaction there, they can move up with their appeals to the county assessor, the Indiana Board of Tax Review and the state tax court.
The tax bills are to be mailed in the next few days. If taxpayers have concerns about their property taxes, they should take advantage of the appeals process and file an appeal within 45 days.
The county assessor, Carol McDaniel, did not create these problems. The problems were created by a changing system of assessment mandated by the courts and the state, changes in the procedures caused by the change in the leadership at Department of Local Government Finance and the lawsuits that were filed in LaPorte County. She is trying her best to solve these problems by assessing homes and commercial properties fairly based on current market value by hiring the best consultants and she is available to address any concerns the taxpayers might have.
Before taking the extreme step of asking her to step down in a recent editorial, The News Dispatch would have been better served if the editorial board had sat down with her and ascertained all the facts and understood the complex issues surrounding this problem instead of shooting first and asking questions later.
To expect the best from our elected officials is reasonable. But to pass judgment without knowing all the facts is regrettable.
Dr. Vidya Kora is La Porte County Democratic chairman.
Posted by: Ang Dec 11 2007, 10:56 AM
Well, it's about time someone spoke up on this issue in a language we can all understand and by leaving out the petty condescention. While the property taxes make no difference to me personally, I applaud Dr. Kora for his rebuttal. It's nice to see someone with the guts to tell the public what is actually going on and how the process works and be nice about it.
Posted by: Roger Kaputnik Dec 11 2007, 12:02 PM
I spoke to a real estate professional yesterday, and she noted that market values are higher, and therefore, taxes are higher. That is what I have been saying. She also said that Conner is an idiot, which is what I have been telling him. I do note that I paraphrase her words. Dr. Kora is "spot-on" in his remarks.
Posted by: MC Born & Raised Dec 11 2007, 12:12 PM
I've of course not been involved in the production of this story, but I know from reading the articles that McDaniel has refused comment or forwarded questions on to a third party (usually Friedman). I'm sure it would be the preference to have spoken with her, but that's a two-way street.
Posted by: ChickenCityRoller Dec 11 2007, 04:55 PM
Over the past 10 years, as home prices appreciated substantially, the market values especially in certain areas of La Porte County like the Long Beach area, more than doubled because the prices in these areas tend to be linked to the Chicago market. Mr. Wendt, upset with the dramatic increase in tax bills caused by a significant appreciation in assessed values, filed lawsuits against the county challenging the assessments. The lawsuits have contributed significantly to the delay in sending out the tax bills.
That is an incorrect and libelous statement. The suit IS NOT challenging the assessments. The suit was filed becuase there has been a denial of access to public records. The suit has in NO WAY affected how quickly the tax bills were sent out.
Posted by: ChickenCityRoller Dec 11 2007, 05:06 PM
The information is not free and easy as Mrs Mc Daniels suggests. The county assessor has been brought to court twice to get information requested of her office by Mr. Wendt at a cost of many of thousands of dollars. This information all of which the public has a right to obtain. The fact remains that there are disparities in the assessment. These disparities have disproportionately affected people in the beach area. If they choose to gather in a public forum to discuss and raise funds for a continued discovery of what we believe is inequitable taxation which is an inalienable right for an American citizen. I am surprised that a member of our Government is questioning this right
Posted by: Dave Dec 11 2007, 11:33 PM
The News Dispatch says:
When a News-Dispatch reporter asked McDaniel if she could talk after Monday's County Council meeting, she declined, saying we would "have to ask Shaw."
Dr. Kora says:
Before taking the extreme step of asking her to step down in a recent editorial, The News Dispatch would have been better served if the editorial board had sat down with her and ascertained all the facts and understood the complex issues surrounding this problem instead of shooting first and asking questions later.
What's wrong with this picture?
If she's referring questions to Attorney Shaw, what's the likelihood of her "sitting down with" the News Dispatch to discuss these issues?
Posted by: Ang Dec 12 2007, 10:13 AM
I guess Dr. Kora missed that part. Either that or he inadvertantly omitted the word attorney, as in, "...sat down with her attorney and...."
Posted by: southsider2k7 Dec 12 2007, 10:30 AM
I guess Dr. Kora missed that part. Either that or he inadvertantly omitted the word attorney, as in, "...sat down with her attorney and...."
More likely he just ignored this part... He's defending his own party. People tend to pick and choose what they see when they have an agenda.
Posted by: Roger Kaputnik Dec 12 2007, 10:46 AM
Because of the lawsuit and wild mouthings of Mike Conner and his pals, I don't see why the assessor would not refer them to the attorney.
It is tiring to keep repeating this, but some do not get it yet: If the assessed value is higher, taxes will be higher. Let us find out if the assessments are equitable (not equal).
Posted by: ChickenCityRoller Dec 12 2007, 11:00 AM
Because of the lawsuit and wild mouthings of Mike Conner and his pals, I don't see why the assessor would not refer them to the attorney.
It is tiring to keep repeating this, but some do not get it yet: If the assessed value is higher, taxes will be higher. Let us find out if the assessments are equitable (not equal).
That is EXACTLY what the suit is over; to get the information or "data" so that it can be assessed to see if the property assessments are equitable.
Posted by: Dave Dec 12 2007, 02:05 PM
I should pay closer attention to these things.
This is the same official who thought money paid by people to get certified copies in the office could be used to buy coffee and donuts instead of sending the money to the county?
I have to ask, who is she related to, for her to still have her job? Or does she have incriminating photos of someone with a sheep and a bottle of woolite, or what? With this kind of record, I wouldn't hire her to wait on customers at McBurgerland, let alone have any kind of authority over taxpayer funds.
I understand (though generally disagree with) the concept of party loyalty, but sometimes you just have to cut your losses.
Posted by: ChickenCityRoller Dec 12 2007, 02:51 PM
Because of the lawsuit and wild mouthings of Mike Conner and his pals, I don't see why the assessor would not refer them to the attorney.
It is tiring to keep repeating this, but some do not get it yet: If the assessed value is higher, taxes will be higher. Let us find out if the assessments are equitable (not equal).
She has not ONCE defender herself, she can't. There is no way that the master puppeteer would dare allow her to speak, she'd bury herself. She doesn't even know how to read a hard card let alone develop rates for assessing properties! She is incompetent.
Posted by: Ang Dec 12 2007, 03:25 PM
When I first read the last post, I saw Impotent. Had to read it again.
I guess it could amount to the same thing, though, huh?
Posted by: Roger Kaputnik Dec 12 2007, 04:11 PM
Yeah, I freaked, but I also added it to my posts in the runners world site!
Posted by: Dave Dec 12 2007, 04:19 PM
[sidetrack]
ChickenCityRoller says:
Geoff
Hey, sorry, that might have been me. The thing about big brother watching you creeped me out, especially as you know, he is, and ever since I found that pod under my bed, and.... who's knocking on my door? What? AHHHHHHHHHHH!
fnord
Oops. Feeling much better now.
[/sidetrack]
Posted by: ChickenCityRoller Dec 12 2007, 04:57 PM
Yeah, I freaked, but I also added it to my posts in the runners world site!
Hey, that's not fair! lol ! I thought it was very clever and fun. I have another more innocent one that I'll try to put up later.
Posted by: Roger Kaputnik Dec 12 2007, 06:52 PM
chick it out
http://forums.runnersworld.com/eve/forums?a=tpc&s=964101347&f=677106477&m=6211
003663&r=5711087293#5711087293
Posted by: JHeath Dec 13 2007, 10:17 AM
Sounds like a fundraiser to offset the costs...what's the big deal?
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=7616&TM=40847.59
Group holding gathering Saturday to help residents about tax appeals, discuss class action.
Laurie Wink
The News-Dispatch
LA PORTE - La Porte County Assessor Carol McDaniel criticized an $100 admission charge for a Saturday forum on property taxes by Michigan Township Citizens for Fair Taxes.
In a press release, she said Long Beach property owner William Wendt and others in the "tax protest group" are concerned about other wealthy beachfront property owners. McDaniel criticized the $100 fee being charged for information she said is readily available.
"I want the public to know that if they have questions about the assessments listed on their tax bills, they can call me or their township assessors and they won't be charged a penny for any inquiry," she said. "We'll even tell them how to file an appeal, if necessary."
Mike Conner of Michigan Township Citizens for Fair Taxes responded.
"The fact remains that there are disparities in the assessment, and these disparities have disproportionately affected people in the beach area. If they choose to, they may gather in a public forum to discuss and raise funds for a continued discovery of what we believe is inequitable taxation."
At the Blue Chip forum on Saturday, representatives of the La Porte law firm Newby, Lewis, Kaminski & Jones are scheduled to discuss the lawsuit filed by Wendt and opportunities to file a class action suit. Wendt will discuss the Denne report while Conner will instruct attendees on filling out a property tax appeal form.
Wendt and his wife, Dalia, own property in Long Beach. They are appealing their 2006 property assessments and have filed a petition with the Indiana Department of Local Government and Finance. They want to force a new countywide reassessment, basing their arguments on a study by hired tax consultant Bob Denne.
The DLGF gave McDaniel until Dec. 8 to respond to the study. County attorney Shaw Friedman said a 15-page response was submitted Nov. 28.
The DLGF has asked for information from Wendt to explain how Denne came up with his analysis, according to Mary Jane Michalak, DLGF director of communications.
So far, the DLGF has not ordered a reassessment. If that happens, McDaniel said it would void tax bills mailed Monday.
"It would create havoc for libraries, schools, cities and towns in our county which are just barely making ends meet while they wait for their tax receipts in January," McDaniel said.
The DLGF, in a separate action, ordered La Porte and 13 other Indiana counties to provide delinquent 2008 assessment data by Dec. 10 or assessors would face the loss of their licenses. La Porte's report of 2008 personal property data met the deadline, but Michalak said the DLGF is still waiting for real property data and an explanation of the data.
"We have striven to be fully compliant with the data requested and continue to follow up," Friedman said.
Conner has filed a separate lawsuit seeking to void the county's contract with assessment consultants the Nexus Group. He counters McDaniel's claim county property assessment information is easy to get.
"The county assessor has been brought to court twice to get information requested of her office by Mr. Wendt, at a cost of many of thousands of dollars," Conner said.
According to McDaniel, most homeowners won't see massive spikes in their bills.
"We worked hard to fairly assess not only average homes, but upscale homes like the one that Mr. Wendt owns on Lakeshore Drive, as well as commercial and industrial properties," McDaniel said.
Posted by: southsider2k7 Dec 13 2007, 10:36 AM
Is the Wendt/Conner group a registered PAC? I have to be honest, from the article, I don't quite understand what the $100 was for?
Posted by: JHeath Dec 13 2007, 10:56 AM
Michigan Township Citizens for Fair Taxes is a registered not-for-profit. But that's all that I know. If they're raising money, there's nothing wrong with that for a NFP, is there? As far as I could tell in the article, there was no mention of PAC or anything to do with even a potential candidate for any office.
Posted by: southsider2k7 Dec 13 2007, 10:59 AM
There is nothing wrong with raising money for a cause, I just couldn't disern what the cause is exactly. Of course the newspaper version is going to make it sound as sinister as possible to sell papers, but it wasn't very clear to me what the point of the money was. That's all I wanted to know.
Posted by: Roger Kaputnik Dec 13 2007, 12:57 PM
Instead of giving Mike Conner a hundred bucks to tell them info they could get free, those people should just send the money to his kids for the child support he doesn't pay.
Free advice: Keep a close eye on the kitty!
Posted by: JHeath Dec 13 2007, 12:59 PM
Instead of giving Mike Conner a hundred bucks to tell them info they could get free, those people should just send the money to his kids for the child support he doesn't pay.
Free advice: Keep a close eye on the kitty!
OK, the personal jab there wasn't really necessary, Roger...was it?
I don't know Conner well at all, have only met him a few times. I'm also not a part of that NFP group, but I'm sure that they have more than one person watching the money they take in.
Posted by: Ang Dec 13 2007, 01:00 PM
Instead of giving Mike Conner a hundred bucks to tell them info they could get free, those people should just send the money to his kids for the child support he doesn't pay.
Free advice: Keep a close eye on the kitty!
Ah Hah! Maybe that's what the fee is for--to raise money for "Conner's Kids."
Posted by: southsider2k7 Dec 13 2007, 01:04 PM
Damn, now that is an idea I need to work on!
"Pay for Mike's kid('s)" a not for profit agency
We are currently accepting donations!
Posted by: Roger Kaputnik Dec 13 2007, 01:12 PM
Here is a little exercise: I took my tax bill, divided by an estimated rate of 2.5%, and got an assessed value of something in the low 40's. What exactly does this figure represent?
Posted by: JHeath Dec 13 2007, 01:15 PM
Here is a little exercise: I took my tax bill, divided by an estimated rate of 2.5%, and got an assessed value of something in the low 40's. What exactly does this figure represent?
You have your tax bill?
Posted by: southsider2k7 Dec 13 2007, 01:16 PM
Don't forget your homestead exemption would have to be subtracted out (I am assuming this is your first home, we are talking about)
Posted by: Roger Kaputnik Dec 13 2007, 01:19 PM
How much is that?
Posted by: southsider2k7 Dec 13 2007, 01:21 PM
Its a flat amount, and I can't remember what the number is off of the top of my head. I haven't though about it since I filed my exemption.
Posted by: Roger Kaputnik Dec 13 2007, 01:24 PM
I will call the bank.
Posted by: JHeath Dec 13 2007, 01:25 PM
I know a lady who is pretty knowledgeable about this stuff. PM me if you want her name and number--I'm sure she'd be glad to answer your questions. 
Posted by: Roger Kaputnik Dec 13 2007, 02:13 PM
45,000
Posted by: Roger Kaputnik Dec 13 2007, 02:16 PM
Assessed value, including Homestead, is about 90. Is this high or low? I am not telling!
Posted by: Roger Kaputnik Dec 14 2007, 12:01 PM
http://www.in.gov/dlgf/rates/pdf/Atherton_letter_with_DenneQualifications.pdf
On page 2 of this report, referenced by Laurie Wink in her ND article, there is a discussion of the PRD, or Price Related Differential. It seems that the higher the assessed value, the lower the rate of the tax. In other words, Mr. Wendt may end up paying more tax if the reassessment is done and the tax is applied evenly.
Posted by: ChickenCityRoller Dec 17 2007, 01:21 PM
Your House As Seen By:
Yourself... 
Your Buyer... 
Your Lender... 
Your Appraiser... 
Your Indiana Tax Assessor... 
Posted by: Ang Dec 17 2007, 01:46 PM
CCR-
how do you get the pictures inside your post? I can only get them as an attachment you have to click on.
Posted by: ChickenCityRoller Dec 17 2007, 02:24 PM
Aren't you an admin? 
J/K
What you want to do is make the code look like this:
IMG]http://img.photobucket.com/albums/v518/pipnit/tree.jpg[/IMG but you would havea bracket like [ at the front and one like ] at the end. I had to erase them otherwise it'd just post a pic again. Who do you hose your pics with? There should be an option for that kind of code.
Geoff
CCR-
how do you get the pictures inside your post? I can only get them as an attachment you have to click on.
Posted by: Ang Dec 17 2007, 02:53 PM
I see. I keep my pics on facebook. So, I can use that to have pics inside my thread?
And yea, I'm an admin, but a newbie and still learning all the tricks. SSder didn't teach me that one.
Posted by: ChickenCityRoller Dec 17 2007, 03:07 PM
I see. I keep my pics on facebook. So, I can use that to have pics inside my thread?
And yea, I'm an admin, but a newbie and still learning all the tricks.
SSder didn't teach me that one. It should work just fine, you'll just have to put the brackets around it to imbed the picture. Try one!
Posted by: Ang Dec 17 2007, 04:01 PM
I tried it and it said, "Sorry, dynamic pages in the [IMG] tags are not allowed."
Bummer
Posted by: Roger Kaputnik Dec 17 2007, 04:18 PM
WHAT THE [bleep] ARE YOU GUYS TALKING ABOUT?! I tried that stuff and burned out three tubes! Guess what I found in the storage room: A Commodore 64! I am gonna upgrade now, baby!
Posted by: Ang Dec 17 2007, 05:39 PM
WHAT THE [bleep] ARE YOU GUYS TALKING ABOUT?! I tried that stuff and burned out three tubes! Guess what I found in the storage room: A Commodore 64! I am gonna upgrade now, baby!
Posted by: ChickenCityRoller Dec 17 2007, 06:46 PM
I tried it and it said, "Sorry, dynamic pages in the [IMG] tags are not allowed."
Bummer
You can get a free account on photobucket.com but the free accounts have limited bandwidth allowance. I'm sure that won't be an issue here though, lol.
Posted by: southsider2k7 Dec 18 2007, 07:22 AM
I tried it and it said, "Sorry, dynamic pages in the [IMG] tags are not allowed."
Bummer
If you are trying to quote a dynamic page, there is usually a punctuation mark in the page that prevents it probably a question mark. If there is one, try removing it and adding the IMG tags again to see if it works.
Posted by: JHeath Dec 18 2007, 01:19 PM
Your House As Seen By:
Yourself...
Your Buyer...
Your Lender...
Your Appraiser...
Your Indiana Tax Assessor...
I love this.But I'm still surprised that we have someone in office who can't even do her own job.
Posted by: ChickenCityRoller Dec 21 2007, 08:22 AM
12/20/2007 3:13:00 PM
Are these $1M homes?
That's what they're assessed at; you should see the property tax bills
Donovan Estridge
1-866-362-2167 Ext. 13865
MICHIGAN TOWNSHIP - Sitting in her living room Tuesday afternoon, contemplating her predicament, Terri Brophy fought back tears.
Brophy, 60, a former school administrator in Chicago, has lived in her home on Lakeshore Drive in Sheridan Beach since 1979. She now makes $12 an hour working for Michigan City schools. Her property tax bill is $14,000, a 175 percent increase over 2006.
"That is more than I make in a year," she told The La Porte County Herald-Argus Tuesday. "My house is paid for. I can meet my bills, but I make $12 an hour. It is impossible for me to pay $14,000 now. I will have to put it up on the market at the end of the year."
As Brophy struggles with the decision to sell her home, she expressed anger at the perception that those along the lakeshore can afford higher property taxes.
"It boils my blood to hear people say 'Those rich people can afford it,'" she said. "That's just not fair."
"I think there is a perception that 'Well, people on the beach are rich and can afford to pay higher taxes,'" Michael Conner of Michigan Township Residents for Fair Taxes told The Herald-Argus Tuesday. "And in reality there are people who can't."
To pay her property tax bill, which comes due in mid-January, Brophy said she would have to liquidate her individual retirement account (IRA) and dip into a savings account.
While Brophy, with a bit of finagling, is able to pay her bill, others aren't so fortunate.
Jeanne Dysard owns a two-story home in Long Beach, on the shore of Lake Michigan, that's been in her family for nearly 100 years. Sitting at her kitchen table, she can look out the window at the lake, a view that's increasingly endangered.
"I saw the bill," Dysard told The Herald-Argus Tuesday. "It said $16,000. I wanted to throw up. Just think what your reaction would be. You can't even buy a car for that much money. There is only so much a single person can do."
Dysard said her property tax bill in 2006 was only $5,000. In the past year, she said, the value of her home shot up from $100,000 to $800,000.
"I just want this to be fair for everyone," Dysard said. "But having to pay this bill is like buying a new car every year. I just can't do that."
Barring significant property tax reform, Dysard said she'd likely have to sell her home. In the meantime, she said, she plans to turn to her children for help.
Fred Boitman, who lives in Chicago, had planned to retire at his lakeside home in Sheridan Beach - until he received this year's tax bill of $24,000, a nearly 200 percent increase over 2006.
"My intention was to retire here, but now I have to reconsider," he said. "I don't think I can afford to stay here.
The reason for the astronomical rise in property tax bills, said Michigan Township Assessor Terry Beckinger, is that, by state mandate, assessed values were calculated this year based on trending, a method in which property values are annually adjusted by comparing the prior year assessment with current sales data from a neighborhood or housing development. Previously, property values were reassessed every 10 years, with the last reassessment occurring in 1999.
"My heart goes out to all the taxpayers," Beckinger told The Herald-Argus Tuesday while sitting in his office in Michigan City surrounding by paperwork. "This year we had state-mandated trending for six years. Next year it should be for only one year."
For Dysard and Brophy, that means more modest rises in their property tax bills for 2008. What it doesn't mean is relief, which is what Conner is pushing for.
"You ask if there is a happy ending," he said. "That is a great question. Right now I don't see it coming."
The homes of Terri Brophy and Jeanne Dysard (below, pictured in front of her home) have all been assessed at more than $1 million.
Ouch!
A look at the property tax bills for homeowners Jeanne Dysard, Fred Broitman and Terri Brophy:
Jeanne Dysard
2006: $5,000
2007: $16,173.44
Fred Broitman
2006: $12,025.92
2007: nearly $24,000
Terri Brophy
2006: about $8,000
2007: more than $14,000
--------------------------------------------------------------------------------
Posted by: ChickenCityRoller Dec 21 2007, 08:26 AM
12/17/2007 11:00:00 AM
Property Taxes Aren't Equal
There is no reason to say one's property value has doubled or even tripled in one year or two years. There is some truth that the assessors do need some help! I pay almost $3,000 a year in property tax and it's absolutely ridiculous. I have filled out the form two times on your so called appeal and never get notified even if it actually happens!
The system is whacked and you, Dr. Kora ["The truth about property taxes," Tuesday] may have been around too much formaldehyde if you think the lawsuit has slowed my tax bill from getting to me. Stick to being chairman because the taxes are not done equally. Stop by my house and try to explain it. You won't have any words left to justify your rationale. Look into the situation before you go to bat for someone who just isn't qualified.
But then again it seems that is what the Democratic Party is about lately. You're way off base, Dr. Kora, way off base.
Roger Willoughby
Michigan City
Posted by: Roger Kaputnik Dec 21 2007, 08:35 AM
So Roger says his property is worth $3,000 divided by estimated rate of 3% plus $45 thou is $145,000. Any takers? Anyone know Roger W. so we can send him this thread?
Posted by: southsider2k7 Dec 21 2007, 08:53 AM
This is the line that caught my eye, more than any of the tax bills that were quoted.
Did her home value really go up in value 8X's or did they just finally reassess her value to accurately reflect her real home value. If the house is REALLY worth $800k, I am pissed because I have been paying almost as much for my $80k house as she was for her $800k house for years. If the house values are accurate, all that means is that the people with lower house values have been subsidizing people who have house values way higher than theirs. It would be akin to a guy making $50,000 a year paying the same amount in income taxes as a guy making $500,000.
Now if they are over-assessing values to these houses that is a different story, otherwise I don't feel too sorry for these people. This woman will own an asset worth 8X's more value than when she started, why shouldn't she have to pay a lot more in taxes than everyone else?
Posted by: ChickenCityRoller Dec 21 2007, 09:13 AM
This is the line that caught my eye, more than any of the tax bills that were quoted.
Did her home value really go up in value 8X's or did they just finally reassess her value to accurately reflect her real home value. If the house is REALLY worth $800k, I am pissed because I have been paying almost as much for my $80k house as she was for her $800k house for years. If the house values are accurate, all that means is that the people with lower house values have been subsidizing people who have house values way higher than theirs. It would be akin to a guy making $50,000 a year paying the same amount in income taxes as a guy making $500,000.
Now if they are over-assessing values to these houses that is a different story, otherwise I don't feel too sorry for these people. This woman will own an asset worth 8X's more value than when she started, why shouldn't she have to pay a lot more in taxes than everyone else?
This could be part of the problem SS'er let me divert back to NIPSCO. They were assessed at 20 million. How much lake front property do they have? 1/2 mile? 3/4 mile, maybe more? Since all these lawsuits have begun, this was brought in to the light and now NIPSCO is now assessed at 60 million. I'll repeat what was heard by one of the heads in the assessors office over a year ago: "it isn't that you (Lake Shore Drive) is over assessed, it's that the entire county is under assessed."
Posted by: Roger Kaputnik Dec 21 2007, 09:31 AM
So Roger says his property is worth $3,000 divided by estimated rate of 3% plus $45 thou is $145,000. Any takers? Anyone know Roger W. so we can send him this thread?
Posted by: southsider2k7 Dec 21 2007, 09:47 AM
This could be part of the problem SS'er let me divert back to NIPSCO. They were assessed at 20 million. How much lake front property do they have? 1/2 mile? 3/4 mile, maybe more? Since all these lawsuits have begun, this was brought in to the light and now NIPSCO is now assessed at 60 million. I'll repeat what was heard by one of the heads in the assessors office over a year ago: "it isn't that you (Lake Shore Drive) is over assessed, it's that the entire county is under assessed."
The rest of the county's house values are nothing like Long Beach's either. That makes it sound to me like this group is going after the middle class homeowner. If someone has a house worth 800,000 dollars, they should be paying property taxes on that value.
Posted by: ChickenCityRoller Dec 21 2007, 09:56 AM
Pictures of the palatial estates featured in the above article
Posted by: ChickenCityRoller Dec 21 2007, 09:59 AM
The rest of the county's house values are nothing like Long Beach's either. That makes it sound to me like this group is going after the middle class homeowner. If someone has a house worth 800,000 dollars, they should be paying property taxes on that value.
You still aren't listening to what I'm saying. Judy Anderson said verbatum "It isn't that you (lake shore) is over assessed (implied that they might even be under assessed) it's that the rest of the county is under assessed." What's wrong with having an even playing ground for everyone? It doesn't tick you off that NIPSCO for years has been 40 million dollars under assessed?
Posted by: ChickenCityRoller Dec 21 2007, 10:07 AM
Posted: Thursday, December 20, 2007
Article comment by: Tom Riddle
It seems strange that in a downward housing market where home values are droping like a stone, the property taxes are going up. It would only makes sense that these taxes would drop. But then again this may be a sign of the future if the Dems take over. Raising taxes on the rich leads in real life to raising taxes on those who make $12 an hour.
Posted: Thursday, December 20, 2007
Article comment by: Kim
Everyone is struggeling right now with fuel upwards of $3 or $3.50 for diesel; milk at almost $3 per gallon and the government is killing us now too. Real estate is in the toilet, just ask anyone who is trying to sell a home right now. My tax bill is now 4X what it was last year and I have a home that is barely worth $80K, now having to pay almost $2,500. Tax payers need to know there are companies waiting in the wings to buy these homes for tax deeds... where will we be when no one can afford to have a home anymore? Granted, my bill is nowhere near what these people are being charged, but I still cannot afford it. I'm a stuggling single mom as it is.
Posted by: southsider2k7 Dec 21 2007, 10:21 AM
You still aren't listening to what I'm saying. Judy Anderson said verbatum "It isn't that you (lake shore) is over assessed (implied that they might even be under assessed) it's that the rest of the county is under assessed." What's wrong with having an even playing ground for everyone? It doesn't tick you off that NIPSCO for years has been 40 million dollars under assessed?
I heard exactly what you said. I also understand that the rest of LaPorte County's home values are no where near what places like Long Beach are. Yeah, I don't like NIPSCO paying too little in property taxes, but I also don't feel that anyone else should be paying too little in property taxes either. The problem with just pictures of these houses is that they don't tell the full story. Assessments are based on lots of things, not just the view of the house from the front. What are comperable houses in the area selling for is the biggest thing. Even if you are just looking at the front view of that place, if it was valued at 100,000 last year, I am kind of pissed. She has been getting away with murder in underpaying property taxes. There is no way a place like that is only worth that in Long Beach. That place is worth way more than 100K in MY neighborhood, and that is saying something.
The problem with this whole property tax revolution going on in Indiana is that they are basically going to push the taxes off onto the lower classes of people who can't afford to fight this stuff. Gov Daniels plan to increase sales taxes as a part of this reform is only proof of that.
Posted by: ChickenCityRoller Dec 21 2007, 10:37 AM
I heard exactly what you said. I also understand that the rest of LaPorte County's home values are no where near what places like Long Beach are. Yeah, I don't like NIPSCO paying too little in property taxes, but I also don't feel that anyone else should be paying too little in property taxes either. The problem with just pictures of these houses is that they don't tell the full story. Assessments are based on lots of things, not just the view of the house from the front. What are comperable houses in the area selling for is the biggest thing. Even if you are just looking at the front view of that place, if it was valued at 100,000 last year, I am kind of pissed. She has been getting away with murder in underpaying property taxes. There is no way a place like that is only worth that in Long Beach. That place is worth way more than 100K in MY neighborhood, and that is saying something.
The problem with this whole property tax revolution going on in Indiana is that they are basically going to push the taxes off onto the lower classes of people who can't afford to fight this stuff. Gov Daniels plan to increase sales taxes as a part of this reform is only proof of that.
I'd be A LOT more pissed about NIPSCO being 40 MILLION. THAT'S MILLION! Than a homeowner being underassessed. That said, what do you think about the comment that Judy Anderson the County Deputy Assessor had to say?
As far as taxes being pushed on to people who can't afford to fight this stuff, believe me, that's already happened.
Posted by: Ang Dec 21 2007, 10:51 AM
While the property taxes don't affect me, it totally frosts me about the NIPSCO situation. If it were anyone else but them, I wouldn't be so angered by it. But NIPSCO is a bunch of thieves to begin with. They don't care about their customers, all they care about is profit margin. As I have lived in various parts of the United States in my 41 years of living, I know for a fact that NIPSCO does not have to charge such high rates. (I'm willing to bet theirs are in the top five highest utility rates in the nation) But, those NiSource execs have to have their six figure incomes...
Posted by: southsider2k7 Dec 21 2007, 11:06 AM
I'd be A LOT more pissed about NIPSCO being 40 MILLION. THAT'S MILLION! Than a homeowner being underassessed. That said, what do you think about the comment that Judy Anderson the County Deputy Assessor had to say?
As far as taxes being pushed on to people who can't afford to fight this stuff, believe me, that's already happened.
To be honest, it sounds like the assessor isn't keeping up, which judging by the way she has been behaving, seems to be a pattern. She is undercharging NIPSCO by a factor of 3, and this woman by a factor of 8. If I had to guess, McDaniel can't handle the job, and now the consulted firm is actually doing the job that should have been being done for years now. Pointing repeatedly at NIPSCO only takes away from the big picture here.
Posted by: ChickenCityRoller Dec 21 2007, 11:14 AM
To be honest, it sounds like the assessor isn't keeping up, which judging by the way she has been behaving, seems to be a pattern. She is undercharging NIPSCO by a factor of 3, and this woman by a factor of 8. If I had to guess, McDaniel can't handle the job, and now the consulted firm is actually doing the job that should have been being done for years now. Pointing repeatedly at NIPSCO only takes away from the big picture here.
Ya don't say!?!?
! http://www.citybythelake.org/forums/index.php?showtopic=994It's my opinion that Nexus the outside firm (which was hired outside of county policy, policy being the county recieve three competitive bids) has NO clue of what they're doing either. Nexus doesn't even have an appraiser on thier team so now we the tax payers are paying $50,000 for another outside firm to help the outside firm. Jeeesh, it sounds like a three stooges episode or something. I've had to appeal and prove that lots of swamp land along highway 212 where the assessed value went from $2,200 to $280,000 isn't worth $30,000 an acre. We're talking about land that would cost over $2.00 a square foot to improve it to be buildable. When I asked Nexus how they came up with that number, they didn't have an answer. Basically we're guilty until proven innocent. Luckily I have the resources to prove that they are incorrect. I feel sorry for the people in the area who are getting thier swamp assessed at $30,000 an acre and can't afford to prove that Nexus is incorrect.
The reason I KEEP pointing out NIPSCO is because I am suprised that until ANG just recognized it, nobody here seemed to care. To me it's a travesty that NIPSCO has been under assessed by 40 Million and it was manifested only because of lawsuits filed by private parties. I'd be a lot more pissed about that than a little old ladies house in Long Beach but that's just me. I will no longer bring up NIPSCO thanks to ANG.
Posted by: Roger Kaputnik Dec 21 2007, 01:45 PM
Yes, about NIPSCo.
SSider makes great points in his last post on page 5 (!). We should all reread it.
Posted by: ChickenCityRoller Dec 25 2007, 09:03 AM
'We are in a mess'
State lawmakers plan to address the property9 tax situation, but aren't promising anything
Donovan Estridge
1-866-362-2167 Ext. 13865
Donovan Estridge
1-866-362-2167 Ext. 13865
destridge@heraldargus.com
LA PORTE COUNTY - What does State Sen. Jim Arnold, D-Michigan City, think of his constituents selling their homes because of high property taxes?
"To me that is almost criminal," Arnold told The La Porte County Herald-Argus Thursday. "It just shows that we (lawmakers) have to do something."
Arnold was responding to statements in recent days by some property owners along the lakeshore that because of property tax bills upwards of $20,000 they might have to sell their homes.
Fixing the property tax system in Indiana is something Arnold and other state lawmakers plan to address in the upcoming session that begins in January.
Pressure to overhaul the system has been mounting since last spring, when residents across the state began to cry foul over tax bills that in some cases nearly doubled.
The two major factors driving property taxes this year are the elimination of the inventory tax and the implementation of trending, a method by which property values are annually adjusted by comparing the prior year assessment with current sales data from a neighborhood or housing development. Previously, property values were reassessed every 10 years, with the last reassessment occurring in 1999.
To get out ahead of the debate, Arnold said he and other state senators met over the summer to look at how other states impose property taxes.
"That committee downstate looked at Alabama, California, Arizona and Arkansas," he said, but the process is moving slowly.
"Maybe we can find a solution," he said. "But right now I don't see a happy ending."
State Rep. Tom Dermody, R-La Porte, is also assessing the situation. For the interim, he said, he'd at least like to see an end to all the finger pointing.
"Everyone wants to blame the (township assessors)," Dermody told The Herald-Argus last week. "But the issue is throughout the state."
Whatever the solution, Mike Conner of Michigan Township Citizens for Fair Taxes, hopes it comes soon.
"There is not an understanding on what's going on up here," Conner told The Herald-Argus last week. "We are in a mess."
Posted by: Ang Dec 27 2007, 02:13 PM
Another Retiree Can't Take Taxes
Thank you, Mr. Frank DiGiacomo, for your support regarding property taxes that are out of control and primarily directed at people living in the beach area ["Retired beach dweller not rich," Sunday].
I, like you, am retired and living on a fixed income in Shoreland Hills. We've sacrificed so we could live in a nice area only to have self-serving, out-of-control-spending fools superinflate our taxes because they think our living here means we're people of money. I've never been rich, but where I live has always been important to me.
They feel we either have money or we come from Illinois because we live in the beach area. This inadequate form of thinking results in heavy discrimination and may even touch on profiling.
On Sunday morning we all woke to find ourselves hit with a deep layer of snow. It is beautiful and this is the season for such happenings. Yet I'm hard pressed to fully understand how you can charge me $4,100 in property taxes and then not plow my street until 8:19 p.m.
I do believe that all of you in charge have much to contemplate. I personally want to thank you all for your dedicated service. I'll remember you all on election day.
Harold Wolf
Michigan City
Sound Off! entry by: nancy thill
Another Retiree Can't Take Taxes
I applaud Mr. Wolf for his letter, and encourage him, and other displeased taxpayers to take there concerns one step further and contact their legislators. I urge them to tell these elected officials to cap the property taxes for residential, including second homes, at 1%. Contact Governor Daniels: 317-232-4567 By Mail: Office of the Governor Statehouse Indianapolis, Indiana 46204-2797 By email via the internet: http://www.in.gov/gov/2310.htm Better yet, contact his wife, first lady Cheri Daniels: By Phone: 317-931-3076 By Mail: 4750 N. Meridian St. Indianapolis, IN 46208 By email via the internet: http://www.in.gov/gov/firstlady/2410.htm Indiana Senate, Jim Arnold 317 232 9532; or email s8@ai.org Or fill out the contact form at: http://www.in.gov/cgi-bin/legislative/contact/contact.pl?data=Senate|Arnold,Jim|s8|sd Indiana House, Scott Pelath 800 382 9842; or email R9@ai.org Or fill out the contact form at: http://www.in.gov/cgi-bin/legislative/contact/contact.pl?data=House|Pelath,Scott|h9|d And contact them quickly, timing is of the essence in this situation. Go on, give them an earful, they tried to ruin everyone's holidays! Nancy Thill Michigan City
Posted by: Ang Dec 28 2007, 11:36 AM
Tax Board Should Meet More Often
Dear County Commissioners, please review the comments I made at the County Council meeting pubic forum Monday.
I have three concerns, to the extent you can exercise any authority over them.
1. The reconvening of the Property Tax Board of Appeals as soon as possible. At our current rate of appeals, and the fact that there are 2005 appeals outstanding, due process for the homeowner is threatened and could push 2006 appeals way into 2008 and possibly 2009.
2. Any attempted realignment of the board and or removal of members for political reasons will be met with tremendous disappointment from county property owners. I think you have a good board and one that, if it met on a more rigorous schedule, we could get through the myriad of appeals and be more responsive to taxpayers.
3. Undue hardship on taxpayers. With the delay in tax bills homeowners may have to pay the equivalent of three installments in a five-month period assuming, the 2007 pay 2008 bill will be on time. The normal period for three installments is 18 months. Combine this with the fact that some homeowners have seen an increase of 25 percent to 500 percent in their annual tax bills, and this will create an incredible hardship on taxpayers.
The county has to figure out a way to alleviate this heavy burden on homeowners. A fund could be created to loan money to homeowners at a low interest rate until they could build their savings to get caught up.
Michael Conner
Michigan City
Posted by: Roger Kaputnik Dec 28 2007, 12:31 PM
What an ass.
I guarantee that this dude is not coming up with this stuff himself.
What has happened to the money collected at that meeting?
Posted by: ChickenCityRoller Dec 28 2007, 01:32 PM
What an ass.
I guarantee that this dude is not coming up with this stuff himself.
What has happened to the money collected at that meeting?
I hate to rain on your parade but he fully understands what is going on and believe it or not, he's coming up with this stuff himself.
I've asked you a bunch of times what your gripe is against Mike but you never tell me. I don't really hate anyone. I disagree with a number of people on this issue, namely Carol McDaniels and Shaw Friedman but I explain why. Every time Mike Conner says something you have some sort of nasty little comment to make but never back it up. That said I can only assume that he did something so terrible to you that you're so scarred that you just can't talk about it or you're simply jealous. What is it?
I wholly agree with what Mike is saying there. Some of the commissioners and others in office over at "the door" want to get rid of some of the PTBOA board members, in particular Joie Winski who is probably the most qualified for the job.
The money that was raised at the meeting went to pay for the food and hall and the money that was left over was put in Mike's till to help pay for the suits that he's filed.
Posted by: Ang Dec 28 2007, 01:40 PM
Okay, let's keep it civil. Not that it's going bad now, but I see the makings of ugliness here.
I do agree with CCR, though Rog. An explanation of why you're so bent on this Conner fella would be nice.
Posted by: JHeath Dec 28 2007, 03:10 PM
Some of the commissioners and others in office over at "the door" want to get rid of some of the PTBOA board members, in particular Joie Winski who is probably the most qualified for the job.
Thanks, CCR.
Posted by: ChickenCityRoller Dec 28 2007, 03:22 PM
Thanks, CCR.Hey, it's the truth!
Also, a little birdie told me that it's 100% postive that Mrs. Winski isn't going anywhere.
Posted by: Roger Kaputnik Dec 28 2007, 04:56 PM
Well, I am sorry to ruffle folks' feathers about my intense dislike of Conner, but I am telling you it is personal and it affects my view of every action he takes, as well as a 100% distrust. Make sure someone is watching that money. Unfortunately, he is one of those superficially charming types that hides his uncharming characterics well for a while. Well, you know what Lincoln said: You can fool some of the people all of the time, and you can fool all of the people some of the time, but you can't fool all of the people all of the time.
Now, regarding the Board of Appeals: Would it make sense to see if the twp or county is going to be re-appraised before going hot-and-heavy on settling the appeals?
Posted by: Ang Dec 28 2007, 05:12 PM
Thank you Roger. Now, everyone else let it go. Roger has personal reasons he does not want to share and he's not obligated to.
Posted by: ChickenCityRoller Dec 28 2007, 05:54 PM
It's Conners money and he can do what he likes with it. Hell, for all I care, he can go throw it down at BlueChip. If he want's he can spend it on lawyers. I can appreciate your dislike for someone but I can tell you he's not stupid. Shrewd maybe but not stupid.
Posted by: Ang Dec 28 2007, 05:59 PM
Okay. Roger doesn't like the guy. CCR does. You've both expressed your opinions about it. It's time to let it go. I'm taking the last word on this issue.
Posted by: Dave Dec 28 2007, 06:26 PM
I have to say I'm not sure where I stand on the issue as to whether or not the property tax increases are fair, as I personally have few facts on which to base an opinion.
On the other hand, I don't feel much sympathy for the folks whose taxes have gone up because their property values have skyrocketed. The old family homestead which has been in the family for 100 years has increased in value 1000% in the past ten years, and your taxes are going up proportionally? Cry me a freaking river! If the old homestead your grandparents bought for a thousand bucks is now worth a million, and you're having trouble paying the taxes, two options you have are:
1. Sell the place, congrats, you're a millionaire! Party!
2. Can't stand to sell the place? If you're over 62, get a reverse mortgage on your $999,000 equity increase and use that money to pay the taxes. If you're under 62, well, you can still borrow against equity.
No doubt there are other options as well, but one of these two should cover a significant majority of the legitimate problems people are having.
Heck, if someone offered us 10 times what we paid for our house, we'd be on the beach in Aruba faster than you could say "Sold American!"
Posted by: Roger Kaputnik Jan 1 2008, 12:27 PM
Is that what people thought, that they were giving that guy money to do what he likes? The PR said the money was gonna be used to pay expenses of the lawsuit. Dupes! That is what ppl like him depend on.
Amen, DAVE!!!
Posted by: ChickenCityRoller Jan 1 2008, 09:00 PM
Rog, Mike is in a lawsuit. It is going to cost him many times what was made in that meeting therefore the money HAS been spent on the lawsuit. Understand this is HIS LAWSUIT and the money from that meeting is HIS money. People came there to be educated and that's what they got. It was a very good gathering and everyone seemed to find it informative, I was there. People stayed around long after it was over to talk to some of the resources who were there and not a single person out of the 300 left early.
Is that what people thought, that they were giving that guy money to do what he likes? The PR said the money was gonna be used to pay expenses of the lawsuit. Dupes! That is what ppl like him depend on.
Amen, DAVE!!!
Posted by: Roger Kaputnik Jan 2 2008, 01:30 PM
Sure.
At any rate, I do not want to hijack this thread and distract from the excellent work of elucidating the issues with the assessment and its sequelae.
CCR, what is the up-to-the-minute status of the suit? Is the main aim of the suit to reassess the county?
Posted by: ChickenCityRoller Jan 3 2008, 09:12 AM
Sure.
At any rate, I do not want to hijack this thread and distract from the excellent work of elucidating the issues with the assessment and its sequelae.
CCR, what is the up-to-the-minute status of the suit? Is the main aim of the suit to reassess the county?
Rog, there are at least four or five suits filed by different parties right now.
Posted by: JHeath Jan 10 2008, 09:33 AM
Heard it on WIMS this morning...
Alan Landing is offering to provide FREE assistance to LaPorte County residents with their property tax forms tonight at the MC Library from 5pm-8pm. The format is an open house, come and go as you please type.
If you go, make sure to let the rest of us know if you got any help.
For those who do not know Mr. Landing, he is a former tax assessor and real estate professional who now owns and operates an appraisal business.
Posted by: ChickenCityRoller Jan 10 2008, 10:11 AM
Heard it on WIMS this morning...
Alan Landing is offering to provide FREE assistance to LaPorte County residents with their property tax forms tonight at the MC Library from 5pm-8pm. The format is an open house, come and go as you please type.
If you go, make sure to let the rest of us know if you got any help.
For those who do not know Mr. Landing, he is a former tax assessor and real estate professional who now owns and operates an appraisal business.
Alan is a super guy and VERY knowledgable in the area of taxes. He spoke at the meeting a while back at Blue Chip and offered his services then too. He's helped me quite a bit on taxes in an industrial zone in Michigan City.
Posted by: Dave Jan 14 2008, 02:11 AM
looks like we scooped the News Dispatch....
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=8633&TM=11134.85
According to transcripts, assessor couldn’t answer several questions about how her job works.
Laurie Wink
The News-Dispatch
LA PORTE - Democrat Carol McDaniel was re-elected two years ago as La Porte County Assessor, but a transcript of a pre-trial deposition obtained by The News-Dispatch calls her competency for that position into question.
....
Using McDaniel's own property card as a typical of all property cards, Phillips asked her about card components that she couldn't answer. Throughout the deposition, Friedman raised objections about asking McDaniel questions about the content or accuracy of her property card.
McDaniel's card listed assessment data from 2001 through 2006 but was missing 2004, an oversight she couldn't explain. She also didn't know why the true tax value of her property decreased from $182,600 in 2002 to $156,200 in 2003 and again from $156,200 in 2005 to $131,200 in 2006.
Asked the difference between "appraised value" and "true tax value" she said, "I don't know." Referring to "residential excess acreage" entries under land type, Phillips asked McDaniel how it was determined. She answered, "See, I don't do assessing, so I don't know how they calculate that." He then asked if excess acreage is the same as non-buildable acreage, to which McDaniel replied, "I'm not sure."
Phillips asked who would have made the determination about excess acreage in her case. "See, I'm not sure how that's - I don't know," she responded.
Phillips asked if the residential excess acreage determination was made by Nexus. McDaniel answered, "See, I can't answer that. I don't know. I don't know how that - see I don't do this assessing, so I don't know."
....
Posted by: southsider2k7 Jan 14 2008, 07:00 AM
Forget the incompetitence, this pisses me off.
NO ONES property values decreased during the biggest real estate bull market this country has ever known, expecially not 30%.
Posted by: JHeath Jan 14 2008, 10:21 AM
Can anyone remind me of when her term expires?
Posted by: Ang Jan 14 2008, 10:41 AM
This is flat out ignorance!! This woman has no business doing the job she is doing. If I were a property owner in MC, I would be calling for this woman's termination-immediately!
And out of curiosity, does anyone suppose the ND gets ideas for news articles from this site? We've scooped them a couple times now and I'm just wondering if someone besides Adam visits here.
Posted by: southsider2k7 Jan 14 2008, 11:32 AM
in this case, I would be shocked if this information didn't come from Mike Connor, or someone in his group. They want this info public, and they have the most to gain from it. Not that this is a bad thing, it just makes the most sense to me.
Posted by: Roger Kaputnik Jan 14 2008, 11:42 AM
Do you think anyone would admit to it?
Posted by: ChickenCityRoller Jan 15 2008, 10:54 AM
in this case, I would be shocked if this information didn't come from Mike Connor, or someone in his group. They want this info public, and they have the most to gain from it. Not that this is a bad thing, it just makes the most sense to me.
It came from the person who deposed her in the first place. Understand that there are numberous suits filed against her and the Nexus group.
Posted by: Ang Jan 15 2008, 11:25 AM
I KNEW you would know, CCR 
Posted by: ChickenCityRoller Jan 15 2008, 01:17 PM
I KNEW you would know, CCR
Aside from what I know, it was in the article!
Posted by: southsider2k7 Jan 15 2008, 02:03 PM
It came from the person who deposed her in the first place. Understand that there are numberous suits filed against her and the Nexus group.
Thanks for the info!
Posted by: southsider2k7 Jan 17 2008, 08:06 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=8738&TM=32796.78
Laurie Wink
The News-Dispatch
MICHIGAN CITY - A defamation suit against Vidya Kora and the La Porte County Democratic Party was filed Dec. 20 by Bill Wendt in response to a News-Dispatch opinion page column written by Kora.
The defamation suit is based on Kora's viewpoint, "The Truth About Property Taxes," that appeared Dec. 11. Kora is the Democratic Party chairman.
Mark Phillips, an attorney with the law firm Newby, Lewis, Kaminski & Jones in La Porte, is representing Wendt in the suit. Kora and the La Porte County Democratic Party are being represented by Michigan City attorney John Espar.
Phillips said, "There's no question about the fact that what was published isn't true."
Kora said he preferred not to comment because of pending litigation and referred questions to Espar, who said the lawsuit is "absolutely without merit" because Kora was commenting on a public issue.
"Fortunately, the First Amendment in this country empowers and protects citizens such as Dr. Kora, or anyone else, to express opinions on matters of public interest," Espar said. "That is precisely what Dr. Kora did and everything stated in the piece was then, and remains today, true."
In the article, Kora said, "Mr. Wendt, upset with the dramatic increase in tax bills caused by a significant appreciation in assessed values, filed lawsuits against the county challenging the assessments. The lawsuits have contributed significantly to the delay in sending out the tax bills."
On Thursday, Wendt said, "I'm just sick of the stuff people are saying about me. It's really wrong." Wendt, who lives in Long Beach, filed a suit against County Assessor Carol McDaniel last January, saying property assessments in Michigan Township were done differently than in the rest of La Porte County. He said he was concerned not only about his own property assessments but those of all homeowners in La Porte County.
Superior Court 1 Judge Kathleen Lang heard the case, in which Wendt charged McDaniel with refusing to honor his request for complete county records on property taxes, assessments and sales disclosure data from 1996 to 2006. Most data for 2004 through 2006 is available on electronic records, but paper records were kept before then.
Jeff Wuensch, chief operating officer for Nexus Group Inc., the private company hired by the county to do the assessments, testified last January that providing 40,000 to 50,000 copies of noncomputerized data would cost $75,000.
While waiting to get the county data, Wendt said he learned the La Porte County data was available from the Indiana Department of Local Government Finance for about $500. He hired property tax and assessment consultant Robert Denne to analyze the data.
In April, Denne told Wendt he believed the county-wide property assessments were "substandard" based on inequities he found. He said Michigan Township residential properties were a third too high compared to the county as a whole.
Wendt filed a petition with the Department of Local Government Finance asking for a review of county assessments, based on Denne's study. Following the review, the DLGF contacted county officials Nov. 7 to express "serious concerns about their assessed values," said spokeswoman Mary Jane Michalak, and considered delaying budget approval and tax rate certification.
Instead, the DLGF asked county officials to respond to the study in writing by Dec. 8.
Wendt and his attorneys were back in Superior Court 1 regarding his Nov. 15 request that Darlene Hale, county information technology director, provide the "tax dump" for 2006 taxes on a CD or DVD, so he could continue his detailed study of La Porte County property tax assessments. Lang ruled Wendt was entitled to the information but must wait until it is in available in final form.
The Wendt lawsuits are not the only challenges facing McDaniel. In September, a group of 28 county residents filed a lawsuit against McDaniel and the Nexus Group to be heard by Superior Court 2 Judge Steven King. They are challenging a three-year contract for professional services awarded to Nexus in June 2004 without bids. Claiming the contract is illegal, the group wants Nexus to return all funds received from the county.
Posted by: southsider2k7 Jan 17 2008, 08:36 AM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=8717&TM=34760.46
As my youngest daughter would say, "Are you kidding me?" Carol McDaniel is a "Level II assessor, the highest certification, and a qualified appraiser," yet she doesn't know why the true tax value of her property decreased from 2002 through 2006? I don't have any of the qualifications she has but I could guess why her true tax value decreased.
McDaniel's 2004 assessment data is missing and she can't explain why. Yet, later in the article [ "McDaniel deposition released," Page A1, Saturday], she is quoted saying "And my job, I want to clarify, too, is to manage that (assessor's) office." Isn't it part of the manager's job to explain these errors? Are these questions our Level II Assessor is looking into and will be able to answer in the near future?
My interpretation of the deposition taken in the case is McDaniel doesn't know much of anything about property assessment. Somebody please show Carol McDaniel the county government Web site that describes what the county assessor does.
I've met Shaw Friedman a few times and he appears to be an intelligent person. It is my observation Mr. Friedman is the "spin doctor" for McDaniel. He has attempted to put a positive spin on what I perceive to be the constant embarrassment McDaniel has been to this county. That being said, Mr. Friedman if you are reading this, please sit down with Carol, explain the job description of the county assessor, show her the avenue to learn her job, or better yet, ask her to resign.
I can't recall reading or hearing anything positive about McDaniel's ability as county assessor since she's been elected. I do believe the property tax problem does extend beyond La Porte County but the La Porte County assessor's office is compounding the problem for the taxpayers of this county.
La Porte County has 21 assessors and Carol McDaniel convinced the County Commissioners to hire Nexus. She said she hired Nexus to ensure the job is done correctly, and under one eye instead of 21. If that is the case, why do we have 21 assessors? Why does the county need Carol McDaniel? Governor Mitch Daniels is on the right track. It is time to take a look at the county assessors. Are they really justifying their existence?
David L. Legros
LaPorte
Posted by: Roger Kaputnik Jan 17 2008, 01:39 PM
Re the newest Wendt lawsuit...oh, come on!
Posted by: Dave Jan 17 2008, 03:49 PM
I just hope none of the lawyers involved in this defamation case are being paid for by the city.
Posted by: ChickenCityRoller Jan 18 2008, 10:08 AM
Re the newest Wendt lawsuit...oh, come on!
So if someone wrote a newspaper article about you filled with lies and false accusations, you'd just stand there and take it?
Posted by: JHeath Jan 19 2008, 03:09 PM
Re the newest Wendt lawsuit...oh, come on!
Roger, I give the Wendy family a lot of credit for stepping up and fighting for what they believe in.
It's not a frivilous lawsuit. Plus, at least they're doing more about righting a wrong than just complaining on the MB...(no offense to CTBL...as we all know it's widely read).
Posted by: Roger Kaputnik Jan 20 2008, 07:40 PM
I just do not see what is factually untrue in the piece. Disagreeing about the effects of the facts is not actionable.
Posted by: ChickenCityRoller Jan 21 2008, 09:35 AM
I just do not see what is factually untrue in the piece. Disagreeing about the effects of the facts is not actionable.
Read my post on the 2nd page Roger, better yet, here ya go:
Over the past 10 years, as home prices appreciated substantially, the market values especially in certain areas of La Porte County like the Long Beach area, more than doubled because the prices in these areas tend to be linked to the Chicago market. Mr. Wendt, upset with the dramatic increase in tax bills caused by a significant appreciation in assessed values, filed lawsuits against the county challenging the assessments. The lawsuits have contributed significantly to the delay in sending out the tax bills.
That is an incorrect and libelous statement. The suit IS NOT challenging the assessments. The suit was filed becuase there has been a denial of access to public records. The suit has in NO WAY affected how quickly the tax bills were sent out.
For 2005, pay '06, the Denne report found that the median in Michigan Township was a 3rd higher (actually more) than the rest of LaPorte County. The DLGF found this report to be valid, that's why it's now available for all to see on an IN.GOV website. That said, this becomes a lot more complicated and you need to have a base understanding of statistics to grasp the concept. I'm not even going to begin to go there until you understand that what Kora said was totally incorrect.
The suit was simply asking for the same exact information which the state needed. After being stonewalled again by local officials and told that the he could get the info for some ludicrous amount (the number $300,000 comes to mind) he was able to get the info from downstate in one day for $500.
Again, this is all information that has been printed in the News Dispatch.
Posted by: ChickenCityRoller Jan 21 2008, 11:28 AM
Here is a link to the website which I referenced in my post above:
http://www.in.gov/dlgf/rates/
Posted by: Roger Kaputnik Jan 21 2008, 01:44 PM
Libel involves some loss; what has Mr. W. lost because of the statement?
Posted by: ChickenCityRoller Jan 21 2008, 01:50 PM
Libel involves some loss; what has Mr. W. lost because of the statement?
Wrong.
Slander is defamation by oral utterance, libelous indicates it is in print. This applies both to the english language and law.
li·bel /ˈlaɪbəl/ Pronunciation Key - Show Spelled Pronunciation[lahy-buhl] Pronunciation Key - Show IPA Pronunciation noun, verb, -beled, -bel·ing or (especially British) -belled, -bel·ling.
–noun 1. Law. a. defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.
b. the act or crime of publishing it.
c. a formal written declaration or statement, as one containing the allegations of a plaintiff or the grounds of a charge.
2. anything that is defamatory or that maliciously or damagingly misrepresents.
–verb (used with object) 3. to publish a libel against.
4. to misrepresent damagingly.
5. to institute suit against by a libel, as in an admiralty court.
Posted by: Dave Jan 22 2008, 04:48 AM
Oh, well, this actually got me to dig out my bar review textbook.
The elements of dafamation are:
1. Defamatory language on the part of the defendant.
2. The defamatory language must be "of or concerning" the plaintiff, i.e. it must identify the plaintiff to a resonable reader, viewer or listener.
3. Publication of the defamatory language to a third party.
4. Damage to the reputation of the plaintiff.
Slander is defamation by speech, libel is defamation in writing (also covering video and audio recording, and probably something like a work of art, i.e. any tangible form).
Dr. Kora's letter in the N-D obviously meets requirements 2 and 3, as it identifies Mr. Wendt and. well, it was in the N-D.
The issues would be whether the language is defamatory and whether the plaintiff's (Mr. Wendt's) reputation was damaged. I'd certainly like to see a copy of the actual complaint filed to see exactly how Mr. Wendt's attorneys are making thier claim.
The First Amendment allows people to state their opinions. I could tell the world that I think Joe Blow is a low down dirty dog, but that's just my opinion. I could tell the world that Joe Blow is a thief as well. That wouldn't be an opinion, and would be actionable. However, just about everywhere truth is a good defense to a libel claim, so if I say Joe Blow is a thief, and he is a thief, and I can prove it, I'm not going to be held liable.
On the other hand, I could say Mr. Big Movie Star is a talentlless hack (opinion) and that he molests collies (not opinion), and I'd probably not be held liable. The first statement is my opinion, and my right to state my opinion is covered by the First Amendment. As for the second statement, my making that statement probably wouldn't damage his reputation as I am just some schmuck who has never even been in the same state as Mr. Big Movie Star.
Personally, in my humble opinion, pure speculation, etc., I'd be surprised if Mr. Wendt's libel suit got any traction. First, making a statement that is wrong isn't in and of itself libel. Any government office that gets significantly delayed by litigation is run by incompetant morons (I won't go into the "public figure" aspect of libel, as this isn't a tutorial), but I could imagine easily in this case that it is also true. Dr. Kora's attempt to exonerate the Assessor's office by throwing blame on those bringing suit was really pretty pathetic, but I doubt the statements I read in that article would produce anything greater than nominal damages for Mr. Wendt.
Standard disclaimer: I am an attorney, but I'm licensed in Illinois, not Indiana. This is not legal advice, and no one should rely on this for legal advice. I'm not your lawyer, or the lawyer for anyone involved in the matter discussed above. No warranties, express or implied. Cross at the green and not in between. Keep out of reach of children.
Posted by: ChickenCityRoller Jan 22 2008, 08:42 AM
I appeciate your input and thought out response Dave. It's my opinion that there are grounds for a suit but we'll just have to sit back and wait. I suspect what will come out is that Kora didn't write it but someone else in the Democratic party (can you guess who?) did.
Posted by: Dave Jan 22 2008, 03:49 PM
I appeciate your input and thought out response Dave. It's my opinion that there are grounds for a suit but we'll just have to sit back and wait. I suspect what will come out is that Kora didn't write it but someone else in the Democratic party (can you guess who?) did.
Well, CCR, I'm not sure who you think might have written it, but I'd certainly be surprised if it was written by someone too dim to be able to figure out her own property tax bill. As for anyone else in the local power structure, I have to wonder how much political capital they're willing to burn trying to protect McDaniels before throwing her under the bus.
Posted by: Roger Kaputnik Jan 22 2008, 10:40 PM
Do you think they are trying to find a kind way to oust her?
Posted by: Dave Jan 22 2008, 11:41 PM
Do you think they are trying to find a kind way to oust her?
They might be trying to find a way to get her to resign, but there is no way to get an elected official in Indiana out of office other than a court conviction. They could effectively abandon her, but as the other elected officials are also pretty much immune until the next election cycle, and it seems that the local voters have short attention spans, this may not be much of a concern for a while.
Posted by: southsider2k7 Jan 23 2008, 08:02 AM
They might be trying to find a way to get her to resign, but there is no way to get an elected official in Indiana out of office other than a court conviction. They could effectively abandon her, but as the other elected officials are also pretty much immune until the next election cycle, and it seems that the local voters have short attention spans, this may not be much of a concern for a while.
I think you are onto something here. I see the family turning their back on her at the next election if this is still a problem, and running another candidate against her.
Posted by: ChickenCityRoller Jan 23 2008, 08:44 AM
I don't think "they" are trying to get rid of her or get her to resign. She is just the kind of sheep that Shaw wants to have in office; low intelligence level, does what she's told, easy to control. It's become a sticky mess for Mr. Friedman and I think it's only a matter of time before everyone realizes that he's one of the puppeteers of the LaPorte County Democratic Party. He can't turn his back on his pawns at this stage in the game because it's easier for them to turn on him.
As far as who wrote the letter that Kora published, I can promise you that Carol didn't write it. She can't utter a complete sentence let alone write one.
Posted by: Ang Jan 23 2008, 11:03 AM
I wonder if it was a member of the Gonzalez family?
Posted by: JHeath Jan 23 2008, 11:05 AM
I wonder if it was a member of the Gonzalez family?
Posted by: southsider2k7 Jan 23 2008, 11:12 AM
I wonder if it was a member of the Gonzalez family?
Nah, it was probably the new MCAS communications director, I don't think she is doing anything else now anyway...
Posted by: lovethiscity Jan 23 2008, 08:19 PM
Nah, it was probably the new MCAS communications director, I don't think she is doing anything else now anyway...
Posted by: JHeath Jan 25 2008, 11:57 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9130
1/25/2008 11:28:00 AM
Reassessed From $88K To $1.3M
Homeowners question how taxes have risen in city, Michigan Township.
Laurie Wink
The News-Dispatch
MICHIGAN CITY - Craig Molden was one of about 20 homeowners at City Hall talking Thursday about property taxes in the city and Michigan Township.
Molden told of the impact of the recent property tax reassessment. He said he was there on behalf of his mother, Francis, 85, who lives on Lake Shore Drive in Long Beach. He said his mother has lived there since 1968.
From 2001 to 2006, Molden said the assessment on his mother's house rose from $88,300 to $1.3 million. to five months of work" showing an "us vs. them" attitude exists about property taxes in La Porte County.
"We're all one big family and part of that family is suffering tremendously," said Conner. "Everything that happens in the county affects the next taxpayer."
Conner said the facts don't support the perception the beach communities in Michigan Township are populated by wealthy people from Chicago who can afford to pay higher taxes. He cited 2000 census information on Long Beach showing 30 percent of the 1,600 residents are 62 or older and have a median household income of slightly more than $71,000. About 60 percent are primary residents and the majority live in houses built more than 25 years ago.
"When you look at the statistics, this is not a community of second homeowners and they're not millionaires," Conner said. "It's not a community of brand new homes where people are tearing down houses left and right."
Conner said it takes only five lakefront houses to contribute $100,000 in taxes, while taxes on 140 average homes in Michigan City would produce the same amount. Put another way, he said, 1 acre of Sheridan Beach property would generate the same amount of tax revenue as 6,888 acres of agricultural land.
According to Conner, the key to increasing economic development in La Porte County is to encourage residential development, rather than making it difficult for developers.
"The only way to reduce the tax liability is to build more homes in Michigan Township," Conner said. "We don't need more agricultural land."
Landing discussed a list of concerns about the property tax appeal process. He said the tax appeals process is backlogged with about 2,000 filings waiting to be heard by the Property Tax Assessment Board of Appeals.
But the PTABOA has not met for two months.
Landing said 33 appeals are scheduled to be heard at the next meeting on Jan. 30. With PTABOA meetings every Wednesday and the same rate of hearings, it will take more than a year to complete the appeals.
Landing estimates 90 percent of La Porte County landowners are paying the same or lower property taxes than the previous year.
"Seventy percent of La Porte County is rural and they won't appeal," Landing said.
Molden has been embroiled in property tax appeals for his mother's home since 2004 and has been unable to get any relief from the township, county or the Indiana State Board of Tax Review.
"They all told me the same thing," Molden said. "We are only doing what we were told to do and the Indiana legislators are the only ones who can fix this mess."
Posted by: southsider2k7 Jan 25 2008, 01:06 PM
If the houses are worth that amount, that is the amount of taxes they should be paying, end of story. I don't care how big that number is. If you own a million dollar house, you should be paying for a million dollar house. It shouldn't be up to the middle and poorer home owners to subsidize the lifestyles of people who have had large appreciations in their home values.
Posted by: JHeath Jan 25 2008, 02:06 PM
If the houses are worth that amount, that is the amount of taxes they should be paying, end of story. I don't care how big that number is. If you own a million dollar house, you should be paying for a million dollar house. It shouldn't be up to the middle and poorer home owners to subsidize the lifestyles of people who have had large appreciations in their home values.
I agree with you to a certain extent. But what do you do in a situation like this, when it's a person (in this case an 85 year old woman) who is living on a fixed income, and can't afford that rate?
Come on...that's over $900,000...in just 5 years? I'd suggest that the family sell it and reap the profit, but the market is flooded with homes for sale in that area that just aren't selling because of this mess.
Posted by: southsider2k7 Jan 25 2008, 02:10 PM
I agree with you to a certain extent. But what do you do in a situation like this, when it's a person (in this case an 85 year old woman) who is living on a fixed income, and can't afford that rate?
What if it is a young couple with two young kids who can't afford this rate? Is anyone going to pay my property taxes for me? I doubt it.
When you start making exceptions, is when the system falls apart. But at the sametime, if she can't sell the place for $1.3 million, she shouldn't be paying taxes on that amount. Whatever that house is worth is how it should be assessed, no matter if the Pope himself owns it.
Posted by: southsider2k7 Jan 25 2008, 02:18 PM
Interesting comment from the Soundoff at the ND
http://thenewsdispatch.com/main.asp?SectionID=4&TM=54512.61
Posted: Wednesday, January 23, 2008
Sound Off! entry by: Me
County Assessor's Assessment Down More Than $25K
I 100% agree that Carol McDaniel doesn't know what she should know, being that she is the county assessor, however, by the way that people are presenting things in this case, it is making the public more confused on the way that property taxes work. I just wanted to set one thing straight. About the missing data for 2004, it is not actually missing data. As an assessor Mrs McDaniel should have been able to answer why it wasn't there without even a small delay. The county property record cards do not post a value for every assessment year. The only time that a posting will show up is if there is a change in the assessment. If your property was valued for 200,000 as of 03/01/2002, and you did not file any type of appeal, no corrections were made, or you did not have a building permit for anything, you would not see another posting on the card until 03/01/2005. At this point is when the state changed the pricing for Agricultural Land, so everything in the county was repriced and posted. For the years in between 2002 and 2005, the value would have stayed at the 200,000, which does not require an additional posting. The system that is used only allows for the value to be posted if it has been repriced and changed. If this has not occurred it will not let you post. That is why people do not see a value record for every year. Actually, most peoples cards would only show postings of 03/01/1995, 03/01/2001, 03/01/2002, 03/01/2005, and 03/01/2006. Carol McDaniel should know this information and so should her husband. If they are unable to answer this small of a question, they really have no business being in the line of work that they are in. A lot of the questions Mrs. McDaniel could not answer are very simple and basic parts of the job, and all employees of the office should know them, whether they are managing the office or doing the assessing. I find it sad for La Porte County that we allow people to be voted in by the public when they know nothing about the job, just simply because they are a good politician. All I can say is that La Porte County voters are the ones that put Mrs. McDaniels in that office, and now they are upset because of the taxes and problems. When you put someone in office simply based on popularity, what do you expect to happen? If people want to make a difference and want to change our system, then they need to be a little more careful about who they are voting into office!!!
Posted by: JHeath Jan 25 2008, 02:21 PM
What if it is a young couple with two young kids who can't afford this rate? Is anyone going to pay my property taxes for me? I doubt it.
When you start making exceptions, is when the system falls apart. But at the sametime, if she can't sell the place for $1.3 million, she shouldn't be paying taxes on that amount. Whatever that house is worth is how it should be assessed, no matter if the Pope himself owns it.
That, exactly, is the point that people are trying to make. My guess is that her particular home is not worth it's current assessed valuation. Thus the appeal that's being filed.
Posted by: ChickenCityRoller Jan 25 2008, 03:38 PM
I'm starting to sound like a broken record even to myself. I know it's a long and complicated read but here is an important document which I referenced a couple pages back. I'm pretty sure that nobody here has read it.
It's not a question of a guy who has a nice house having to pay more than a house worth much less. It's been found that Michigan Township has been assessed a third higher than the rest of the county. That doesn't mean that the appraised value of the homes are worth a third more than everyone else, it's probably many many times more than that. The assessments ARE NOT EQUITABLE! Michigan Township and Lake Shore Drive residents MIGHT even be under assessed but the rest of the county is DRASTICALLY underassessed.
http://www.in.gov/dlgf/rates/pdf/WendtMemo20071019WithTables1-4.pdf
Posted by: southsider2k7 Jan 25 2008, 06:41 PM
I'm starting to sound like a broken record even to myself. I know it's a long and complicated read but here is an important document which I referenced a couple pages back. I'm pretty sure that nobody here has read it.
It's not a question of a guy who has a nice house having to pay more than a house worth much less. It's been found that Michigan Township has been assessed a third higher than the rest of the county. That doesn't mean that the appraised value of the homes are worth a third more than everyone else, it's probably many many times more than that. The assessments ARE NOT EQUITABLE! Michigan Township and Lake Shore Drive residents MIGHT even be under assessed but the rest of the county is DRASTICALLY underassessed.
http://www.in.gov/dlgf/rates/pdf/WendtMemo20071019WithTables1-4.pdf
And I would sound like a broken record when I say that the houses in that area are worth WAY more than the rest of the county. I am not interested in subsidizing people's capital gains in long beach.
Posted by: lovethiscity Jan 25 2008, 09:56 PM
If the houses are worth that amount, that is the amount of taxes they should be paying, end of story. I don't care how big that number is. If you own a million dollar house, you should be paying for a million dollar house. It shouldn't be up to the middle and poorer home owners to subsidize the lifestyles of people who have had large appreciations in their home values.
The Herald Argus reported it is not the house that has the high value. The land it sits on was assessed at 1.2 million without the house. Another way to put it is if a developer from Chicago came in your neighborhood and built mansions all around you. Then you to should pay the same high taxes as the mansions. It is way to un-American to penalize somebody for living in the right place.
Posted by: lovethiscity Jan 25 2008, 10:02 PM
And I would sound like a broken record when I say that the houses in that area are worth WAY more than the rest of the county. I am not interested in subsidizing people's capital gains in long beach.
A capitol gain is only achieved upon the sale of the house. So placing a tax on an not yet obtained capitol gain should be banned, like it is for investment banking. An old lady living in a house since the sixties does not sound as if she was planning to sell. Would it be okay to assess your land under your modest home at 1.2 million and demand you pay up? That is what is going on. Not everyone near the water is living the life of the rich and famous.
Posted by: ChickenCityRoller Jan 25 2008, 11:43 PM
And I would sound like a broken record when I say that the houses in that area are worth WAY more than the rest of the county. I am not interested in subsidizing people's capital gains in long beach.
You must be very happy with your taxes and would hate to see them budge or you didn't read the link I posted or you don't understand the problems or all over the above. Bottom line in four simple words: assessments are not equitable.
Posted by: Dave Jan 26 2008, 08:20 PM
A capitol gain is only achieved upon the sale of the house. So placing a tax on an not yet obtained capitol gain should be banned, like it is for investment banking. An old lady living in a house since the sixties does not sound as if she was planning to sell. Would it be okay to assess your land under your modest home at 1.2 million and demand you pay up? That is what is going on. Not everyone near the water is living the life of the rich and famous.
And if the property is owned by a corporation, say Blocksom or NIPSCO, should their property taxes stay the same until they sell the property and realize the capital gain?
Posted by: lovethiscity Jan 26 2008, 10:50 PM
And if the property is owned by a corporation, say Blocksom or NIPSCO, should their property taxes stay the same until they sell the property and realize the capital gain?
Is thier land being taxed the same as the rest of the Lake front property owners? That would likely be 50 million on the land alone. So they are probably not paying on a capitol gain now.
Posted by: southsider2k7 Jan 30 2008, 12:34 PM
Its interesting that McDaniels sits on the board.
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9319
About 2,000 appeals remain from tax year 2006. It could take a year to hear all of them.
Laurie Wink
The News-Dispatch
LA PORTE - The La Porte County Property Tax Assessment Board of Appeals meets from 9 a.m. to 4 p.m. today - the first time it has met since Nov. 22.
Some 2,000 property tax appeals are waiting to be heard for tax year 2006, according to Judith Anderson, the county's chief deputy assessor. She said the number sounds high but is less than 2 percent of the county's 68,000 parcels.
La Porte County Assessor Carol McDaniel told County Council President Mark Yagelski after the Jan. 7 council meeting that PTABOA meetings were not held in December because she didn't have money to pay the four board members. Each board member receives $75 per meeting.
Attorney Mark Phillips, with the La Porte law firm of Newby, Lewis, Kaminski and Jones, said the backlog of PTABOA tax appeals has made it difficult for taxpayers.
"We have clients with cases pending for well more than a year," Phillips said. "They have to pay their taxes while they're waiting for a hearing." PTABOA member Joie Winski said 2007 board meetings before Nov. 22 were "sporadic." As a five-year veteran of the board, she said, the current list of appeals is the most filed since properties were reassessed in 2002.
Winski, a former Michigan City councilwoman, was re-appointed to the PTABOA in January by the County Commissioners, along with Dean Uminski of Long Beach. The county council appointed Sherry Ritter-Banic and will replace Dave Scarborough, who will leave the board in February.
PTABOA hears and rules on tax appeals that have been filed by individual taxpayers in the county assessor's office. Each hearing is allotted 10 to 15 minutes. The board tries to hear 30 appeals at each meeting, according to Winski. Given that schedule, it will take about a year to hear all county appeals filed to date.
McDaniel serves as secretary of PTABOA and is responsible for setting meeting times and dates. Center Township Assessor Mike Schultz questioned the policy, set by the General Assembly, to have county assessors serve on PTABOA boards.
"That's another snafu in the state law," Schultz said. "I don't think anyone involved in making that assessment should sit in judgment of them."
As of July 1, Schultz said, the General Assembly ruled property owners no longer need to have an appeal hearing with the township assessor or trustee assessor. Instead, they can go directly to the county assessor's office to discuss their issues.
By visiting the township assessor or trustee assessor, many taxpayers can arrive at a solution without having to go any further, Schultz said. He resolved some 600 disputes about 2006 tax bills in his township and doesn't expect any PTABOA appeals from Center Township property owners. Howard Conley, Springfield Township trustee and assessor, said he reviewed more than 50 homeowner complaints and expects only a few to be heard by PTABOA.
"For a lot of it, we were able to correct them (errors) before bills went out," Schultz said. "We're proactive."
Anderson agrees that a lot of township assessors carefully review tax assessments with the assessor's office and try to resolve issues before they go to PTABOA. She said Terry Beckinger, Michigan Township assessor, has scheduled meetings with taxpayers through March. Beckinger could not be reached for comment.
"That's the normal, every-year process," Anderson said. "Certainly we make errors (in assessments) both under and over. We'll fix them when they are brought to our attention."
She said some of the tax appeals scheduled for the PTABOA were filed by people who are frustrated by the "huge increases" they have seen, but that is an issue needing to be resolved by the General Assembly.
Taxpayers who disagree with a PTABOA ruling may file for a review by the Indiana Board of Tax Review.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: ChickenCityRoller Jan 31 2008, 10:07 AM
Carol is so full of it! She didn't have the $75.00 to pay each member so she cancelled December's meeting? Ha, what a joke. There is over 1.5 Million sitting in the till, get a better excuse Carol! She cancelled Wednesday meeting because of weather? SHE NEEDS TO DO HER JOB!
Posted by: Ang Jan 31 2008, 10:36 AM
I just found out this morning that Wyoming has a Veteran's Exemption on property taxes. I don't know what the amount is, but they said, "Grab your DD-214 and call your assessor!"
Amazing!
I've never owned real-estate, so I know nothing about property taxes other than they have to be paid. I find this Veteran's Exemption interesting. Do you guys have anything like that?
Posted by: southsider2k7 Jan 31 2008, 12:27 PM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9354
Assessor halts assembly due to weather; several people outraged.
Rick Richards
City Editor, The News-Dispatch
LA PORTE - Wednesday was supposed to be the first meeting of the La Porte County Property Tax Assessment Board of Appeals since November.
It didn't happen.
Assessor Carol McDaniel canceled the meeting because of cold weather, even though board members were either at the County Complex or on their way. And at least some of the taxpayers who wanted to appeal their assessment were waiting for the meeting to begin.
"Due to the weather, for the safety of people, the attorney and I decided to cancel," McDaniel said.
Pressed about the decision, McDaniel only repeated her statement.
At least one taxpayer, though, had an attorney from Indianapolis present.
PTABOA attorney William Hedge said he agreed with the decision to cancel.
"That was the decision that was made. If people are upset, they can complain to the weatherman." Board chairwoman Joie Winski, a former Michigan City councilwoman, was angered by the decision.
She said it took her 50 minutes to drive to La Porte, but she was there for the meeting. Winski didn't know why the meeting couldn't be held.
"If I had the answer to that, I'd be a millionaire. The county assessor is the only one who can make the dates or cancel them."
Winski said she and board member Dean Uminski of Long Beach were present and other board members were on their way.
"I am as frustrated as you over this. I got up at 6 o'clock and the weather was really bad. Still, I drove there because this is important."
Winski said she and other board members told McDaniel they are willing to meet any time, including nights and weekends, to erase 2,000 property tax appeals facing the county. The hearing canceled Wednesday were appeals from 2004 and 2005.
"With the 2,000 appeals that have been filed we should at least try to accommodate taxpayers when it's the best time for them to come," Winski said. "It's hard for people to get off work and come to these. It doesn't matter where they live. If they're a taxpayer and they disagree with their assessment they have every right to appeal.
"This is a little discouraging. We were looking forward to a new year and it's more of the same. I've already had three calls from people," Winski said.
Commissioner Mike Bohacek, D-Michiana Shores, said he was notified as he was pulling into the County Complex parking lot the meeting was canceled. He described the cancellation as "pathetic."
"These were to our oldest appeals. In last 13 months she's (McDaniel) scheduled four meetings and canceled two of them. The cancellation was due to weather, but county offices were open and staff was present.
"We're not giving taxpayers their due process. State statute says the meetings should be held in a timely fashion. This backlog has piled up on her watch."
Bohacek said he received calls from angry taxpayers over the cancellation. He said he checked with the Indiana Department of Local Government Finance to see if anything could be done about the cancellation but was told that all meeting decisions are at the discretion of the assessor.
"I'm concerned. It's a disservice to the taxpayers," said Bohacek. "Taxpayers deserve to be heard."
Contact Rick A. Richards at news@henewsdispatch .com.
Posted by: ChickenCityRoller Feb 1 2008, 08:53 AM
Please come again
Taxpayers turned away after meeting of appeals board is cancelled
Erin Blasko
1-866-362-2167 Ext. 13894
eblasko@heraldargus.com
LA PORTE - Following Tuesday evening's snowstorm, it took Joie Winski 50 minutes Wednesday to get from her home in Michigan City to the La Porte Circuit Courthouse, where she and other members of the Property Tax Assessment Board of Appeals were scheduled at 8 a.m. to begin ruling on a backlog of nearly 2,000 taxpayer appeals, some dating back to 2004.
When she finally got there, she was told to turn around.
"They told me ... to go home because the meeting had been cancelled because of weather," she told The La Porte County Herald-Argus Wednesday.
Although schools in La Porte County were closed Wednesday, county offices remained open, and petitioners from as far away as Indianapolis and Illinois showed up at the courthouse expecting to appear before the board, only to be turned away.
According to La Porte County Commissioner Mike Bohacek, county assessor Carol McDaniel has cancelled two of the board's last four scheduled meetings.
The board last met Nov. 22, and a meeting in December was cancelled due to complications from a lawsuit filed against the assessor's office by a Michigan Township resident.
"Whether it was the weather or not, I don't care," Bohacek told The Herald-Argus Wednesday of the most recent cancellation. "That's irrelevant. By statute, taxpayers have a right to due process, which means the board needs to meet diligently."
"I'm genuinely concerned about the taxpayers ability to get a fair assessment and have an appeal heard in a reasonable timeframe," he said.
In addition to the taxpayers that showed for Wednesday's meeting, the remaining board members besides Winski also eventually showed. They were prepared to conduct the meeting, Winski said, but decided against it since she wasn't there and since local media had already been notified that the meeting had been canceled.
McDaniel is also a member of the board, but rarely attends meetings, sending instead Chief Deputy Assessor Judith Anderson, both Bohacek and Winski said.
Contacted Wednesday at her home, McDaniel declined to speak to The Herald-Argus. La Porte County Attorney Shaw Friedman did not return a call seeking comment.
Asked if he thought McDaniel was avoiding taxpayers, Bohacek said he did. He went on to say he felt McDaniel's conduct was "unprofessional and doing a disservice to taxpayers."
According to state law, the board of appeals meets at the discretion of the assessor's office. Bohacek said he contacted the Department of Local Government Finance, the body that governs the state's assessors, to seek recourse, but was told that the county does not have the power to mandate that the board meet regularly.
Bohacek said he was concerned board members might begin resigning because of the board's irregular schedule. Only one board member is retired, Winski said, and three, including Winski, work full time during the day, when board meetings are normally scheduled.
"It's not always easy," Winski said. "I have to take off during the day. We discussed whether we could have night meetings."
At least through February, the board is scheduled to meet every Wednesday between 9 a.m. and 4 p.m. to resolve the backlog of appeals. Winski said petitioners who showed up Wednesday would be rescheduled.
"The last year we had a reassessment, in 2002 ... we had 1,700 appeals then," she said. "We'll get it done, it'll just take time and effort - and hopefully everyone will be happy."
Posted by: JHeath Feb 1 2008, 12:35 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=72&ArticleID=9362&TM=48964.22
Meeting Cancellation Lastest Misstep
Editorial
We've said it before, but now the evidence against her is even more convincing - La Porte County Assessor Carol McDaniel should resign.
Her latest misstep reveals how seriously wrong the assessor's office is being run. Wednesday, after county tax appeals board members were either present or on their way to their first meeting since Nov. 22, she called off the meeting, citing the weather.
Not only were the board members ready to go, so were some taxpayers who were prepared to present their appeals, including one whose attorney came from Indianapolis.
And while we're at it, we think the board's attorney, William Hedge, ought to resign. He cavalierly retorted that if people have a problem with the cancellation of the meeting, "they can complain to the weatherman."
Let them eat cake.
Off with their heads.
What is so outrageous about the cancellation is that the La Porte County Property Tax Assessment Board of Appeals has some 2,000 appeals pending, and it is still hearing appeals from 2004 and 2005.
Assessor McDaniel is the only one authorized to call meetings, and over the last 13 months, she has scheduled only four meetings, and has canceled two of them.
This comes after the revelation McDaniel was unable to explain assessment numbers on her own property card in a remarkable admission, "See, I can't answer that. I don't know. I don't know how that - see I don't do this assessing, so I don't know."
And before that, it was revealed that McDaniel couldn't produce receipts for at least $601 in cash payments to her office from the years 2003, 2004, 2005 and 2006.
Also in 2007, McDaniel decided not to send residential property owners the form that tells them their new assessed valuation, in, of all years, a year when major reassessment was taking place.
We could go on.
La Porte County taxpayers should not be forced to endure any more incompetence and arrogance. McDaniel should yield her office to someone committed to carrying out its responsibilities.
Our Opinion
The Issue: Assessor Carol McDaniel cited the weather when cancelling a tax appeals board meeting.
Our Opinion: What nonsense. Board members and taxpayers already were present or on their way. It's the latest in a long list of failures on McDaniel's part. She should resign.
Posted by: JHeath Feb 1 2008, 12:36 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=106&ArticleID=9363&TM=49055.46
McDaniel Has Only Herself To Blame For Getting Bashed
Rick Richards
City Editor, The News-Dispatch
La Porte County Assessor Carol McDaniel is tired of being bashed by The News-Dispatch. I prefer to describe it as good, solid reporting.
McDaniel blurted out that sentiment when I questioned why she canceled the La Porte County Property Tax Assessment Board of Appeals meeting Wednesday. The board hasn't met since November and it has a backlog of more than 2,000 appeals. At the rate she's going, it's going to take more than a year to hear them.
She said she called off the meeting because she is looking out for the safety and welfare of the people who were going to attend, but since most of the players had already braved the bitter cold and blowing snow and were at the County Complex, there was no reason to call off the meeting.
But McDaniel apparently didn't stop by the meeting room to check. I don't know for sure because when I asked her if she did, the only response I got was silence.
In fact, the only response - other than to complain about bashing - was, "Due to the weather, for the safety of people, the attorney and I decided to cancel."
McDaniel obviously feels she's being targeted, and she's right. There's a big bulls-eye on her back and she put it there. The backlog has piled up on her watch and it's up to her to do something about it.
Tax appeals board President Joie Winski is frustrated, too. When I asked her why she didn't just go ahead and hold the meeting, she pointed out that by state law, she can't. Only the county assessor can schedule and cancel meetings. Winski said she's suggested the board hold more meetings, hold them at night so it's easier for taxpayers to attend and even hold Saturday meetings.
So why doesn't McDaniel do that? According to another elected county official, she doesn't want to pay her staff overtime.
If that's so, it's a ridiculous reason. After all, McDaniel has a revolving tax assessment fund of more than $1 million to help her conduct assessment-related endeavors. It's the fund she used to pay a private moving company to haul equipment from the courthouse to the new annex in the Hiler Building while other county offices used free labor by having jail inmates do the heavy lifting.
McDaniel said taxpayers inconvenienced by the cancellation will get a new hearing date and "nothing will be held against them."
Let's hope not. Since the hearings canceled Wednesday were for appeals filed in a 2004 and 2005, McDaniel ought to be apologizing to each taxpayer personally and doing everything in her power to schedule a new hearing immediately, not at some undisclosed future date.
I also called the tax appeals board's attorney, Bill Hedge, to ask about the cancelation and he echoed McDaniel about looking out for the safety of people. When I pointed out many had already made the trip, and that county offices were open, Hedge answered, "I suppose that's one way of looking at it."
When I pressed him further, he got defensive. "Why don't you get on the board? You seem to have all the answers."
My response was to ask why the county assessor wasn't doing her job.
The answer I was trying to get, but didn't, is why no one in the assessor's office seems to care one bit about the inconvenience being imposed on taxpayers, whether it's the slow pace of appeals board meetings or the cancellation of a meeting in which people are already present.
"If people are upset about the cancellation," said Hedge, "complain to the weather man."
Spoken like someone who's been taking public service lessons from McDaniel.
Posted by: southsider2k7 Feb 1 2008, 12:45 PM
Sounds like they are willing to blame everyone but themselves. This is getting into the GW Bush school of hardheaded-ness. Personally I am waiting for McDaniel to announce a surge of meetings and employees to try to fight the backlog.
Posted by: southsider2k7 Feb 4 2008, 08:10 AM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=9408&TM=33162.03
I found Assessor Carol McDaniel's most recent comments (Tuesday's News-Dispatch) pertaining to the canceling of December's Property Tax Assessment Board of Appeals (PTABOA) due to the lack of funds quite ironic.
Let me get this straight, Mrs. McDaniel, you somehow found the funds ($1 million), to contract, without bid I might add, the Nexus Group to do the re-assessment work, but magically you could not find the $300 (four board members x $75) that would have allowed taxpayers to appeal their assessments. Many of these taxpayers already have been waiting for close to a year for the chance to appeal.
And please, Mr. Friedman, spare me the rhetoric about her eye exam being the cause of the latest blunder. While I might buy the eye exam causing physical limitations, no one is buying the loss of memory when it deals with questions asked in a legal proceeding.
Roger Butler
Michigan City
Posted by: southsider2k7 Feb 4 2008, 12:33 PM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9475&TM=48893.68
Assessor Plans To Resume Weekly Slate Of Meetings, Calls Last Week’s Canceled Effort ‘Unfortunate.’
Laurie Wink
The News-Dispatch
LA PORTE - La Porte County Assessor Carol McDaniel announced Sunday that starting Wednesday, she intends to resume a weekly schedule of Property Tax Assessment Board of Appeals meetings this year "until the backlog of taxpayer appeals is fully considered."
In a statement issued by County Attorney Shaw Friedman, McDaniel was quoted as saying, "While having to cancel last Wednesday's PTABOA meeting due to the bitter cold and bad road conditions was unfortunate, when the board meets this Wednesday, I will recommend to the PTABOA that they consider alternating meetings like the County Commissioners do so that some taxpayer appeals are heard during the day and some during nighttime meetings."
The assessor plans to announce at Wednesday's PTABOA meeting procedures she has developed in conjunction with newly hired board attorney William Hedge to expedite a resolution of the claims. Hedge was hired with funds from the County Council to establish consistent procedures for hearing tax appeals. Councilman John Jones said Hedge will advise the PTABOA and individual taxpayers on legalities.
McDaniel maintains the county's reassessment has gone fairly well, and only a small portion of taxpayers has had large spikes in their tax bills. Many have seen their property tax bills go down or stay the same, she said.
"That's due to the fact that we accomplished trending of commercial and industrial properties and also properly assessed some traditionally under-valued upscale properties along Lake Michigan," McDaniel said.
Contrary to earlier reports of 2,000 pending appeals for 2006 tax bills, McDaniel announced 3,000 tax appeals have been filed.
"That doesn't mean 3,000 taxpayers," she said. "It means 3,000 parcels. In some cases, we have individual taxpayers responsible for 75 or 100 different parcels."
q
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: ChickenCityRoller Feb 4 2008, 04:27 PM
What a joke. Why the hell do we have to pay Shaw Friedman $150/hr to talk for Carol? I think I'm gonna move. I heard North Carolina is nice.
Posted by: ChickenCityRoller Feb 6 2008, 12:01 PM
Up to the minute reporting, LIVE from the PTBOA meeting. A couple appeals were heard this morning and at lunch, Carol announced that she was going on vacation. Classic! The first meeting since early November and she leaves less than halfway through! Unbelievable. I'm sure that the investigator from the DLGF found that quite interesting.
Posted by: southsider2k7 Feb 6 2008, 01:43 PM
Wow. Forget school board, I want to be the county assessor. You don't have to have any skills or knowledge, you don't have to work well with people, and you can set your own schedule, not to mention the tax breaks you get on your own property taxes!
Posted by: Dave Feb 6 2008, 03:46 PM
Wow. Forget school board, I want to be the county assessor. You don't have to have any skills or knowledge, you don't have to work well with people, and you can set your own schedule, not to mention the tax breaks you get on your own property taxes!
I have a feeling that position may be opening up soon, southsider (no inside knowledge here, just reading the handwriting on the wall). I'd vote for you if you run!
Actually, that does bring a question to mind. If McDaniels were to resign, what would be the mechanism to replace her? Special election? Appointment of someone by the county board?
Posted by: ChickenCityRoller Feb 6 2008, 06:10 PM
I have a feeling that position may be opening up soon, southsider (no inside knowledge here, just reading the handwriting on the wall). I'd vote for you if you run!
Actually, that does bring a question to mind. If McDaniels were to resign, what would be the mechanism to replace her? Special election? Appointment of someone by the county board?
I'm not sure what the process would be. I highly doubt she'll resign though, she's part of the Friedman democratic machine. That machine needs to be taken apart piece by piece.
Posted by: southsider2k7 Feb 6 2008, 07:45 PM
I'm not sure what the process would be. I highly doubt she'll resign though, she's part of the Friedman democratic machine. That machine needs to be taken apart piece by piece.
I am sure it would be an internal function of the democratic party to fill the spot.
Posted by: lovethiscity Feb 6 2008, 08:25 PM
I have a feeling that position may be opening up soon, southsider (no inside knowledge here, just reading the handwriting on the wall). I'd vote for you if you run!
Actually, that does bring a question to mind. If McDaniels were to resign, what would be the mechanism to replace her? Special election? Appointment of someone by the county board?
It would be a county wide Democrat Committee persons vote at a special caucus. Just like Anita Bowsers replacement was chosen. (Shaw's chosen candidate, Debra Birkholz lost by the way)
Posted by: Dave Feb 6 2008, 10:18 PM
It would be a county wide Democrat Committee persons vote at a special caucus. Just like Anita Bowsers replacement was chosen. (Shaw's chosen candidate, Debra Birkholz lost by the way)
And if the office holder was a Republican, the county Republican Committee would choose the replacement? Ditto for the Libertarians? What if an office holder is an independent? Or if an office holder changes parties during their term -- does the party they changed to get to decide, or the party they were in at the time of their election?
Can anyone point me to something written that addresses this stuff? Having one political party decide who fills an office strikes me as not being (small 'd') democratic.
Posted by: southsider2k7 Feb 7 2008, 07:09 AM
And if the office holder was a Republican, the county Republican Committee would choose the replacement? Ditto for the Libertarians? What if an office holder is an independent? Or if an office holder changes parties during their term -- does the party they changed to get to decide, or the party they were in at the time of their election?
Can anyone point me to something written that addresses this stuff? Having one political party decide who fills an office strikes me as not being (small 'd') democratic.
It must be up to the party in charge. All of that stuff is decided at the local level. LP Co seems to have decided to leave it up to the political party of the person who is leaving office. Most places I have seen seem to either have a special election, or a person in the execututive branch in that area would decide who to appoint. I can't point you to anything written, but it is decided on a government by government basis. They write their own rules.
Posted by: JHeath Feb 7 2008, 11:21 AM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=9588&TM=44753.61
From the Anvil Chorus:
Time To Remove McDaniel
When County Assessor Carol McDaniel claims "only a small portion of taxpayers have had large spikes in their tax bills" [Story on Page A1 Monday], I wonder what she means by "small portion." I never dreamed I lived in an "upscale" property. I do not live on the lake shore. My 1947 frame house has not been renovated. My one lot has not been enlarged. My one story, approximately 2,200-square-foot interior, including an unfinished basement, has not grown higher or wider. Yet, according to the assessor, I am "upscale" enough to have my tax bill doubled since last year.
In light of all the criticism of the assessor, the inequities of the evaluation system and the horrendous backlog of appeals, it is high time to remove incumbent McDaniel.
Alice S. Garba
Long Beach
Posted by: JHeath Feb 7 2008, 04:17 PM
http://www.heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=1869
McDaniel leaves in middle of tax appeal meeting
Won’t be back for two weeks, following scheduled vacation
Donovan Estridge
1-866-362-2167 Ext. 13865
destridge@heraldargus.com
LA PORTE - La Porte County Assessor Carol McDaniel is once again under fire after leaving a Property Tax Assessment Board of Appeals meeting early Wednesday.
To the surprise of some county officials, McDaniel announced around lunchtime Wednesday - about three hours into a scheduled seven-hour meeting - that she was leaving on a two-week vacation to Florida.
In McDaniel's absence, the board, which is already down one member, had to hear 33 appeals with only three members.
The early departure came just a week after McDaniel cancelled a board meeting because of weather, a decision that didn't sit well with some.
"It is very surprising," La Porte County Commissioner Mike Bohacek told The La Porte County Herald-Argus Wednesday. "For her to leave and go on vacation is wrong. She needs to stay. This is something you have to do. What she should have done is push the vacation back. That is what you have to do at the county level."
McDaniel, who could not be contacted Wednesday, did not appoint a proxy in her absence, meaning a decision to grant an appeal had to be unanimous.
"She's the captain of the ship," Michigan Township Realtor Mike Conner, with Michigan Township Citizens for Fair Taxes, told The Herald-Argus.
La Porte County Attorney Shaw Friedman defended McDaniel by noting her trip had been previously planned and she made arrangements with the county council to fill the vacancy on the board at a special meeting Tuesday.
In McDaniel's absence, representatives from the Indiana Department of Local Government Finance had to explain some of the rules to the board. That led to some confusion among board members on proper procedures.
Although the board managed to get through the day, a new board member will have to be appointed before next Wednesday, since one board member is expected to be absent next week and the board cannot meet with only two members.
"We have to appoint someone," La Porte County Councilman Earl Cunningham told The Herald-Argus.
Posted by: JHeath Feb 7 2008, 04:21 PM
http://www.heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=1866
'A huge problem'
Decision by property tax appeal board has some fearing reassessment
MCDANIEL LEAVES board meeting midway. Page 3A
Donovan Estridge
1-866-362-2167 Ext. 13865
destridge@heraldargus.com
LA PORTE - Some county officials fear a costly countywide property tax reassessment could be on the horizon because of a discrepancy exposed at Wednesday's Property Tax Assessment Board of Appeals meeting.
Testifying before the board, Anthony Lapasso revealed that his property in Long Beach was assessed by Nexus Corporation, a consultant hired by the county to assist in assessments, at $16,500 a square foot, $12,000 more than it was assessed by Porter County-based assessor K. Bruce Snyder, who was hired by Nexus to conduct second appraisals for some properties.
The evidence was enough to convince the board to side with Lapasso, reducing the assessed value of his home from $1.5 million to $1.175 million.
"It is obvious the first appraiser (Nexus) didn't do a walk-by," Lapasso told The La Porte County Herald-Argus Wednesday.
While that was good news for Lapasso, it could be bad news for the county, since tax rates are already set and a reduction in projected revenues - assuming other property owners' home values are lowered based on Snyder's assessments - could be harmful to local governments and schools.
"I have serious concerns about the effects this causes county governments," La Porte County Councilman Earl Cunningham told The Herald-Argus. "This could affect the county's ability to operate in years to come."
In addition, the board's decision to respect Snyder's assessments in Long Beach
could lead to reassessment in that and other areas along the lakeshore, which in turn could lead to reassessment of inland areas, as well.
"A reassessment would be costly for the county," La Porte County Commissioner Mike Bohacek told The Herald-Argus. "Reassessment is not a good thing."
But, he said, "Once you reduce (the value of property) on the beach, then what do you do across the street?"
Alan Landing, an appraiser working on behalf of Michigan Township residents, said of the situation: "You have a huge problem on your hands now. We have two people valuing the same land (differently)."
Nexus' Frank Kelly, however, had a different opinion.
"It varies whichever way you look at it," he told The Herald-Argus.
"Those parcels are somewhat unique."
The Property Tax Assessment Board of Appeals is scheduled to meet every Wednesday through February from 9 a.m. to 4 p.m. the La Porte County Complex.
Posted by: ChickenCityRoller Feb 8 2008, 12:31 AM
I must have a crystal ball or something!!
Posted by: southsider2k7 Feb 8 2008, 07:36 AM
Its wonderful to think of the possibility of my $80,000 house subsidizing someone in Long Beach.
Posted by: JHeath Feb 8 2008, 09:36 AM
Sorry SSider, but we're going to have to agree to disagree on this one. I'd much rather see everyone get a fair shake than just some of us. Not everyone who lives in the beach area is wealthy enough to afford the increase. There are a LOT of folks, especially in Sheridan Beach and Shoreland Hills, who purchased their homes when they were worth a lot less.
Sure, they could list their properties for sale, but if everyone who was having a problem did that, the market would be flooded. Then all of our property values could potentially decrease...because people would perceive the area as less desirable. That's not something I want to see.
Their other option is to take out equity loans or lines of credit. It's a good short term solution, but what will they do when that money runs out? Better yet, how will they afford to repay the loan?
I'm with CCR on this one...with 2000 appeals, something has to be wrong here.
Posted by: JHeath Feb 8 2008, 10:04 AM
And, the N-D version....
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9649&TM=39938.02
Assessor Leaves Appeals Meeting For A Vacation
State tells local officials appeals not heard within 180 days may be sent
Laurie Wink
The News-Dispatch
LA PORTE - Taxpayers awaiting a hearing with the Property Tax Assessment Board of Appeals that have not been heard within 180 days can appeal directly to the Indiana Board of Tax Review.
In response to complaints about a backlog of 3,000 cases in La Porte County, the Department of Local Government Finance is asking county assessor's office to notify affected the taxpayers.
Mary Jane Michalak of the DLGF said a change in state law gives the option to taxpayers who filed for an appeal by June 30, 2007.
"The DLGF is in the process of working with the county to deliver a letter to La Porte taxpayers who have pending appeals," Michalak said Thursday. "The letters will advise taxpayers of their rights to appeal directly to the state Board of Tax Review, bypassing the county PTABOA."
At Wednesday's PTABOA meeting, La Porte County Assessor Carol McDaniel left at noon - midway through the meeting - to go on a one-week vacation in Florida. The week before, she canceled the PTABOA meeting because of weather conditions.
La Porte County Commissioner Mike Bohacek, D-Michiana Shores, attended Wednesday's meeting and said he was astounded when McDaniel left, particularly with a backlog of some 3,000 appeals.
Also present to observe the meeting, at Bohacek's invitation, was Sharon Elliott, assessor auditor for the Assessment Division of the Indiana Department of Local Government Finance.
La Porte County Chief Deputy Assessor Judith Anderson did not return phone calls Thursday and no one else from the Assessor's Office would comment about McDaniel's early departure.
County Attorney Shaw Friedman said McDaniel's vacation had been previously planned. And he said they'd adhere to the state's direction.
"If that's their (DLGF's) request, we certainly will honor that," he said.
As secretary of the PTABOA, McDaniel is responsible for setting meeting times and dates. Until this week, a PTABOA session had not been held since November, and meetings before that were sporadic, according to board president Joie Winski of Michigan City.
The five-member PTABOA hears appeals filed by taxpayers who don't think their property tax bills are accurate.
A three-member majority is needed at PTABOA hearings. Friedman said at McDaniel's request, the County Council will need to Dave Scarborough, who is leaving the board. Friedman is hoping a meeting for that seat takes place Tuesday.
With McDaniel and board member Dean Uminski unable to attend the Feb. 20, meeting, a new member is needed to join Winski and fellow board member Sherry Ritter-Banic in order to have a quorum.
Individual PTABOA hearings generally take 10 to 15 minutes, and about 30 appeals are heard at each meeting. At that rate, it will take almost a year of weekly meetings to hear all county appeals filed.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: southsider2k7 Feb 8 2008, 12:07 PM
Sorry SSider, but we're going to have to agree to disagree on this one. I'd much rather see everyone get a fair shake than just some of us. Not everyone who lives in the beach area is wealthy enough to afford the increase. There are a LOT of folks, especially in Sheridan Beach and Shoreland Hills, who purchased their homes when they were worth a lot less.
Sure, they could list their properties for sale, but if everyone who was having a problem did that, the market would be flooded. Then all of our property values could potentially decrease...because people would perceive the area as less desirable. That's not something I want to see.
Their other option is to take out equity loans or lines of credit. It's a good short term solution, but what will they do when that money runs out? Better yet, how will they afford to repay the loan?
I'm with CCR on this one...with 2000 appeals, something has to be wrong here.
So what makes the lower class homeowners more able to take on these increases?
To me this is just another step forward in the Bush plan of pushing taxes down the class chain. The Daniels Plan, the lack of an AMT fix, no breaks in the recession fixing plan etc. Government is looking to push taxes onto the people who can't afford to lobby their congressmen, just for that very fact. They know they can get away with it, because the lower classes can't afford influence.
I am not saying something is wrong with the way we assess here, but pushing taxes down the food chain is going to make people homeless at the lower class levels.
Posted by: JHeath Feb 8 2008, 01:15 PM
Point taken. But what if your assessment was wrong? Wouldn't you want a fair shake?
Again, some of the people who area appealing their assessments don't make or have any more than you or I. I'm not faulting them for investing in their real estate, just because the value has increased. That's something we all hope for when we buy a home.
Posted by: southsider2k7 Feb 8 2008, 01:30 PM
Point taken. But what if your assessment was wrong? Wouldn't you want a fair shake?
Again, some of the people who area appealing their assessments don't make or have any more than you or I. I'm not faulting them for investing in their real estate, just because the value has increased. That's something we all hope for when we buy a home.
Kind of the same idea. Someone I know was complaining about how much they were getting back for an income tax refund. They complained because they were only getting $500 back. This person proceded to go on a long winded rant about how they shouldn't work, and instead should just sit on welfare and have babies instead. Then they asked how much their parents were getting back (I do taxes for some people), and they were getting back significantly more. This only fueled the rant further until I stopped them to inform them that their parents had paid almost as much in in taxes, as this person had made all year long. In other words they were getting more back, because they paid more. Its the same idea here, the system dictates that people whose house values go up a lot, pay more in property taxes, just like the guy who makes a lot more in income pays more than the person who works a minimum wage job.
I have no problem with a fair shake. But the problem is that fair shake is going to end up costing other people money. This should be whatever you can sell your place for. It does make a HUGE difference what neighborhood you live in. My 1400 sq foot house on Ohio Street is going to probably have a zero added to its value if it was on Lake Shore Drive. Its not just what the house looks like, or how big it is, and it is very feasible that between the housing market of the last five years, and the appreciation of the area, it is possible that some of the valuations are accurate. Then again, unlike our assessor, I will be the first to admit I have no idea how to assess the value of property.
I totally support the appeals process, for exactly these kind of reasons. Let people who know what they are talking about decide if this is right or not.
Posted by: Dave Feb 8 2008, 04:10 PM
Then again, unlike our assessor, I will be the first to admit I have no idea how to assess the value of property.
(deposition transcript from 'Selected minutes from Carol McDaniel's deposition' thread)
In a recent article in the News Dispatch, Carol McDaniel was quoted:
---snip---
Q: I also see that your tax, appraised value, your true -- the total, went down again from March 1, 2005 to March 1, 2006; do you know the reason for that?
A: I don't know.
I don't know, it seems like she admitted it there pretty much!
Posted by: southsider2k7 Feb 11 2008, 08:31 AM
My personal favorite comment...
http://thenewsdispatch.com/main.asp?SectionID=4&TM=34420.41
Assessor Leaves Appeals Meeting For A Vacation
I was going to author a well written comment regarding the assessor's poor performance, but I have to leave on vacation for a week.
Posted by: ChickenCityRoller Feb 11 2008, 09:49 AM
Remember you heard it here first, lol.
Terry Beckinger, the Michigan Township Assessor is going to be appealing HIS assessment on Wednesday. Ahhhhh the irony. FYI, he lives in Michigan Township.
Posted by: JHeath Feb 11 2008, 12:06 PM
http://heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=1936&TM=47492.91
Official ousted from tax meetings
County atty. raised concerns about state reps. objectivity
Donovan Estridge
1-866-362-2167 Ext. 13865
destridge@heraldargus.com
LA PORTE COUNTY - Citing a lack of objectivity, La Porte County Attorney Shaw Friedman has successfully lobbied for the removal of an Indiana Department of Local Government Finance (DLGF) representative that had been assigned to La Porte County.
The ousted representative, Sharon Elliott, had worked closely with county officials for weeks leading up to Wednesday's Property Tax Assessment Board of Appeals meeting, the first conducted in several months. Elliott was assigned to La Porte County by request following McDaniel's decision to cancel the Jan. 31 board of appeals meeting because of weather. The person who made the request is not known.
During Wednesday's meeting, Elliott at one point stepped in to provide the board with clarification on state statute.
Sometime after the meeting, Friedman sent correspondence to Indianapolis requesting she be removed.
"I only expressed concern that she wasn't being as objective as she should be," Friedman told The La Porte County Herald-Argus Friday afternoon.
Asked to be more specific, Friedman would only say that "various things occurred and some issues cropped up."
What those issues are remains a mystery, even to the DLGF.
"I don't have any detail on those issues," Mary Jane Michalak of the DLGF told The Herald-Argus. "One of the reasons she was sent in is because she is a great field representative and has our full confidence."
Of the decision to remove Elliott from the county, Michalak said: "We wanted the focus to be on the La Porte County assessments and not on the DLGF."
Michalak said a replacement for Elliott would be selected.
Still, at least one county official was confused by Elliott's removal.
"I witnessed Ms. Elliott throughout the entire PTABOA meeting," La Porte County Commissioner Mike Bohacek told The Herald-Argus. "She was clearly objective. My question is whom is she supposed to be objective to? We are all on the same side."
"She has done an excellent job and assisted with the assessor's office," he said.
Elliott's removal comes at the same time that the state this week, in response to a backlog of nearly 3,000 property tax appeals in the county, granted taxpayers in La Porte County whose appeals have not been heard within the required 180 days the authorization to petition the state board.
"We are going to honor that request," Friedman said.
Posted by: southsider2k7 Feb 11 2008, 12:26 PM
And the beat goes on!
Posted by: ChickenCityRoller Feb 11 2008, 12:43 PM
WHAT A CROCK! This is going to turn out to be like WATERGATE where the coverup scandal is bigger than the initial scandal. I love the quote from Friedman:
"various things occurred and some issues cropped up."
How ambigious can you be? BTW, I despise the term "issues." They're problems!
Posted by: JHeath Feb 11 2008, 12:57 PM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9745&TM=50192.06
Lowered Tax Bills To Hit Government
Counties, cities may have fewer dollars to spend as appeals lower total for property owners.
Laurie Wink
The News-Dispatch
LA PORTE - Some La Porte County property owners succeeded in having tax bills lowered at the hearings of the Property Tax Assessment Board of Appeals.
County Council member Earl Cunningham said three hearings at Wednesday's PTABOA meeting resulted in a total tax reduction of about $835,000.
And that could impact expected tax collections for the county.
County treasurer Ken Layton said he could not verify the amount of tax reductions approved at this week's PTABOA meeting.
But, Layton said, taking an $850,000 reduction and factoring in Michigan City locations, the loss to the county would be $19,000.
Residential property is the largest source of annual tax revenue, accounting for some 70 percent of the total. Commercial property contributes another 16 percent.
County Auditor Teresa Shuter said the state allowed the county to build in a 2 percent appeals factor to allow for lowered tax bills. Each reduction above that will eventually affect taxing units. Shuter said she needs to send units their portion of the tax collection by Feb. 29, so shortfalls that exceed the 2 percent will come out of future budgets.
"It may be two or three years before some appeals are heard," Shuter said. "This is going to affect us for two to three years down the road."
Michigan Township has been in the middle of the tax appeals storm generated by property owners in the beach areas who saw dramatic jumps in taxes.
Township Assessor Terry Beckinger said he is continuing to hold preliminary hearings with property owners to head off hearings when he is able to make changes on property cards.
The PTABOA will hear an appeal at an undetermined date on a piece of property in Michigan Township co-owned by Terry and Deborah Beckinger. Beckinger said the piece of vacant land is adjacent to his residential property and that the appeal has nothing to do with him. It will be presented by the other owners, William and Karen McConnell, who live in Michigan.
PTABOA member Dean Uminski and Rose Anne Uminski are scheduled for a hearing on a 2005 tax bill at 9:20 a.m. Feb. 20.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: Ang Feb 11 2008, 02:19 PM
http://heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=1936&TM=47492.91
What a boatload of crap!! Me thinks me smell some corruption!
Posted by: ChickenCityRoller Feb 11 2008, 05:00 PM
I hate to say it (not really) but I TOLD YOU SO!!!
This good old boy network needs to be torn apart!
What a boatload of crap!! Me thinks me smell some corruption!
Posted by: lovethiscity Feb 11 2008, 06:05 PM
WHAT A CROCK! This is going to turn out to be like WATERGATE where the coverup scandal is bigger than the initial scandal. I love the quote from Friedman:
"various things occurred and some issues cropped up."
How ambigious can you be? BTW, I despise the term "issues." They're problems!
The issues are only problems if they are real issues. If they are fictisous issues to prevent oversight of the preceedings, then would the creater of the unknown fictisous issues not be the true problem? Would that then not make you the despiser of issuers? On the other hand, this whole thing appears to be one problem compounded by another. We all need to go away on a nice vacation, when we get back it will have all blown over.
Posted by: ChickenCityRoller Feb 11 2008, 06:58 PM
The issues are only problems if they are real issues. If they are fictisous issues to prevent oversight of the preceedings, then would the creater of the unknown fictisous issues not be the true problem? Would that then not make you the despiser of issuers? On the other hand, this whole thing appears to be one problem compounded by another. We all need to go away on a nice vacation, when we get back it will have all blown over.
I could only wish.
Posted by: lovethiscity Feb 11 2008, 09:16 PM
I could only wish.
I think some one else does too
Posted by: JHeath Feb 13 2008, 10:34 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9811&TM=41742
Board Back To Business With Newest Member
PTABOA to meet today after appointment of Union Mills resident Bob Bailey on Tuesday.
Laurie Wink
The News-Dispatch
LA PORTE - Bob Bailey of Union Mills was appointed by the La Porte County Council to the Property Tax Assessment Board of Appeals on Tuesday.
And he will attend his first meeting of that board today amid property tax challenges.
Bailey is a licensed broker who has dealt with agricultural land for the past 18 years, after leaving farming.
Some concerns that emerged from last week's PTABOA meeting have been resolved, while others pending with the Indiana Department of Local Government Finance.
DLGF sent field representative Sharon Elliott to last week's meeting, but County Attorney Shaw Friedman asked she not return.
After Friedman complained about Elliott, the DLGF assigned staff member Steve McKinney to today's meeting. McKinney will obtain a list of tax payers filing appeals so the DLGF can send letters advising them of their right to appeal directly to the Indiana Tax Board of Review. Friedman declined to send the letters, according to Mary Jane Michalak, DLGF director of communication.
"La Porte County Attorney Shaw Friedman expressed concerns about the DLGF field representative (Elliott) after she spent several days in La Porte County," Michalak told The News-Dispatch. "To keep the focus on La Porte County PTABOA and assessment issues, rather than DLGF personnel, the DLGF has sent the other field representative for La Porte County to follow up."
Last week, a question was raised about whether McDaniel can send her deputy, Judith Anderson, to PTABOA meetings and cast a vote in her stead. Michalak said the DLGF general counsel is looking into the state statute.
Over the past few years, Anderson has attended most of the PTABOA meetings for McDaniel, who attended on and off, according to board member Joie Winski.
In November, McDaniel asked the county commission to hire attorney Bill Hedge for the PTABOA. She is unhappy with McDaniel's decision to hire Hedge without discussion with the other members.
"I think that Bill Hedge is probably a very good attorney, but I would like to have the board select our attorney," Winski said.
Mike Bohacek, county commissioner, said the commission approved Hedge's hiring at the request of McDaniel.
"With the amount of legal appeals action, we felt it was prudent to engage legal counsel for the county," Bohacek said.
Hedge said he is paid $1,100 per month and attends all PTABOA meetings.
Until the meeting last week, McDaniel has been setting dates and times for PTABOA hearings, a customary practice for county assessors.
However, Winski said the PTABOA agreed as a group on a hearings schedule through March. Through the rest of February, meetings will be held from 9 a.m. to 3 p.m. Wednesdays. Beginning in March, meetings will switch to Tuesdays and Thursdays, alternating times each week from 9 a.m. to 3 p.m. and then from 4 to 8 p.m.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: JHeath Feb 13 2008, 03:31 PM
http://www.heraldargus.com/main.asp?FromHome=1&TypeID=1&ArticleID=2049&SectionID=8&SubSectionID=9
Herald-Argus editorial: McDaniel needs to be accountable, accessible"I am here to serve the county," La Porte County Assessor Carol McDaniel told The Herald-Argus in January.
That's right. But in our view, she needs to do a better job of it.
Our purpose here is not to condemn McDaniel's overall work as assessor. We know some have complained about her job performance, and those complaints may or may not be well founded. But we do not have the facts and evidence necessary to determine whether her work as assessor in individual tax cases has been lacking.
Where her performance clearly has been lacking, though, is in being an accountable, accessible public officeholder.
The assessor has come under fire, even from other county officials who are fellow Democrats, for canceling at least two property tax appeals meetings, one purportedly because of weather. But some taxpayers who wished to attend that meeting managed to show up, as did representatives of the Property Tax Board of Appeals - some from out of the county. And if they can manage to get there, so should she.
"The taxpayers deserve to have their appeals heard in a timely fashion," McDaniel told The Herald-Argus earlier this month after complaints about the cancellations. Yes, they do. Yet we believe she has failed to accommodate them to the utmost of her ability.
Just days after McDaniel's statement about what the taxpayers deserve, she abruptly left in the middle of a tax appeals meeting, telling other officials she was leaving for a scheduled vacation to Florida. Under the circumstances, with the property tax issue on the front burner and her reputation on the line, her decision to leave - particularly in the middle of the meeting - was irresponsible. Vacation plans or no, McDaniel had to know that her leaving at that particular time would not be well received by citizens or fellow officeholders.
McDaniel's public comments since she has come under scrutiny have been few and far between. While she has spoken briefly on a few occasions to The Herald-Argus, for the most part she has referred inquiries to La Porte County government attorney Shaw Friedman.
Carol McDaniel is an elected official. Upon being elected to the job of assessor, she took upon the responsibility of being accountable and accessible to the public, and particularly to the taxpayers. When hiding behind the county attorney, she fails to uphold that responsibility.
McDaniel has more than two years left in her current term as county assessor. We offer the advice that during the remainder of her term, she should work harder to be accountable, accessible, and fulfill her responsibilities as county assessor, however difficult those responsibilities may sometimes be.
Posted by: ChickenCityRoller Feb 14 2008, 10:59 AM
Well, Beckinger cancelled his appeal hearing. I suppose he was able to read the writing on the wall and didn't want to be another lightening rod in this fiasco.
There is going to be another big part of this story breaking in the next couple days. It's actually happening today but who knows when the papers will catch on.
Posted by: Dave Feb 14 2008, 02:25 PM
There is going to be another big part of this story breaking in the next couple days. It's actually happening today but who knows when the papers will catch on.
You are such a tease! Come on, what's the dirt?
I know I've said on here before that I don't like spreading rumors, but hell, this whole thing is the local politics equivalent of OJ's low speed chase. Or a trainwreck. Or an episode of "Cops," generally distasteful but sometimes you just can't avert your eyes.
OK, I'll just make something up. [rampant speculation mode] McDaniel is actually real estate shopping in Florida, not just vacationing, and when she gets back she's going to announce she just bought a retirement condo in Tampa, and she's moving there ASAP, and will sadly have to resign her position. [/rampant speculation mode]
Posted by: JHeath Feb 14 2008, 02:27 PM
You are such a tease! Come on, what's the dirt?
I know I've said on here before that I don't like spreading rumors, but hell, this whole thing is the local politics equivalent of OJ's low speed chase. Or a trainwreck. Or an episode of "Cops," generally distasteful but sometimes you just can't avert your eyes.
OK, I'll just make something up. [rampant speculation mode] McDaniel is actually real estate shopping in Florida, not just vacationing, and when she gets back she's going to announce she just bought a retirement condo in Tampa, and she's moving there ASAP, and will sadly have to resign her position. [/rampant speculation mode]
Posted by: southsider2k7 Feb 15 2008, 08:32 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9855
Mike Conner awaiting certification from state, so his group asks to be rescheduled
Laurie Wink
The News-Dispatch
LA PORTE - Of 33 scheduled hearings, 15 were canceled at Wednesday's meeting of the Property Tax Assessment Board of Appeals - but will be rescheduled.
Chairwoman Sherry Ritter-Banic said they were canceled Tuesday after Mike Conner, who was to represent taxpayers, told the board he was not yet certified as a Level 2 assessor.
Conner has spearheaded Michigan Township Citizens for Fair Taxes and has counseled property owners who want to file tax appeals. Ritter-Banic said Conner was notified in November that he needed state certification.
Conner said he was certified as a Level 1 assessor in December and passed the Level 2 assessor test on Feb. 4, but has not received official certification from the state.
Ritter-Banic didn't feel that the hearings for those in Conner's group should be awarded a continuance.
According to Ritter-Banic, the board decided at last week's meeting the only acceptable reasons for requesting a continuance were weather, illness or a death in the family.
"Once again, we have to accommodate taxpayers who cancel for reasons that don't qualify," she said.
PTABOA President Joie Winski said in the four years she has been on the board, it has not been unusual for these kind of cancellations to occur. She argued to give the taxpayers an opportunity to reschedule, rather than hold the hearing without them.
"This is their one time to cancel," Winski said.
Conner arrived at the meeting about a hour after it started. He told The News-Dispatch he was there to be an expert witness for five taxpayers who were scheduled to have hearings.
As it turned out, he said later, two of them had not received notice they were on the Wednesday schedule. Two others had schedule conflicts and couldn't appear.
Conner said one case was heard and he was present to assist. Two other cases need to be rescheduled after he receives Level 2 certification.
Attorney Bill Hedge said appraisals are one piece of evidence taxpayers can present at a hearing, but are not required. However, valid evidence - beyond a dislike of a tax bill - must be given to substantiate appeals.
Property owners who file an appeal could have their taxes raised, lowered or kept the same by the PTABOA.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Action At The Meeting
LA PORTE - At Wednesday's meeting of the Property Tax Assessment Board of Appeals, members voted to approve a request by Blocksom & Co. to continue its hearing until Feb. 20.
Two taxpayer appeals heard Wednesday were for properties in Hudson Township. The board approved a request from Howell Jones, who represented his daughter, that assessments on two parcels of land remain at $44,248, instead of the Nexus assessment of $76,000.
An appeal filed by the Indiana Land Trust came with a HUD statement verifying four parcels were purchased in 2003 for $30,000. The Nexus appraisal for the parcels was $69,000, with comparable sales of $70,000 to $115,000 presented by Josh Petit of Nexus. PTABOA agreed to reassess the property for $50,000
Posted by: southsider2k7 Feb 15 2008, 01:28 PM
Now even the local representatives feel obligated to step in to try to fix McDaniels mess.
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=9895&TM=52155.16
INDIANAPOLIS -State Rep. Tom Dermody, R-La Porte, on Thursday urged property taxpayers to consider all options available to them in the property tax appeals process. State law outlines varying options available to property tax appellants, hinging on the date they may have filed their appeal.
"Taxpayers have the right to be heard if they believe there has been an error in their assessment," Dermody said. "I encourage taxpayers who need to appeal their property tax assessment to be aware of the options available to them. If they do choose to file an appeal, they should be sure to be prepared and look to resolve the appeal as early in the process as possible."
La Porte County Property Tax Assessment Board of Appeals member Sherry Ritter-Banic has encouraged taxpayers to meet with their township assessor before initiating an appeal. During the appeals board hearing, she said it's important to have all required forms and documentation available.
Indiana law does not require taxpayers to submit appraisals to appeal their assessments. The La Porte County board is currently scheduling additional hearings in an effort to handle the large number of appeals waiting to be heard there.
Dermody has suggested that the La Porte County appeals board add an additional hearing officer from the Department of Local Government Finance to expedite the appeals process.
Those who filed an appeal on or before June 30, 2007, and are still waiting on action by the county appeals board may be precluded from appealing to the Indiana Board of Tax Review under old, but still applicable, state law. The law requires the county appeals board to hear a taxpayer's case within 90 days, but does not provide an additional appeals avenue if delays continue beyond 90 days. Once the case has been heard by the county appeals board, the property taxpayer may petition to the Indiana Board of Tax Review if they believe their appeal was not resolved by the county board. This must be done within 30 days of the county appeals board's determination.
The Department of Local Government Finance Web site is www.in.gov/dlgf. Dermody said constituents could contact him with questions or concerns through e-mail at h20@iga.in.gov, by calling the Statehouse toll-free at 1-800-382-9841 or by writing him at the Statehouse at 200 W. Washington St., Indianapolis, IN 46204.
Posted by: southsider2k7 Feb 15 2008, 01:38 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=9834&TM=52604.78
Just how large of a liability does our LaPorte County assessor have to become before our county's Democratic Party decides to stop backing her and cuts her loose?
Her departure for a Florida vacation in the midst of a two-year backlog of appeals proves she doesn't give a hoot about the taxpayers. Could it be that she found out that most of the appeals are being submitted by rich Republicans? As she said, "They can afford it."
Joe Meell
Long Beach
Article comment by: Michiana
Florida Vacation Proves Assessor Doesn't Give Hoot
You are so correct Joe. Pure incompetence and Shaw backs his democrat. So worried about Bush. If this was a Republican the paper and Shaw would be spinning a whole different story. Shaw needs to go and so does McDaniel.
Posted by: Dave Feb 15 2008, 02:08 PM
OK, could someone look at http://www.in.gov/sos/pdfs/Referendum.pdf and answer a question for me....
If an elected official in Indiana were to up and move to Florida, for example, and simply stop performing their job, what would be the basis for removing them from office? Could they move out of state and just continue getting their paycheck?
Because I'm not seeing any reason they couldn't do just that.
Posted by: Ang Feb 15 2008, 02:28 PM
OK, could someone look at http://www.in.gov/sos/pdfs/Referendum.pdf and answer a question for me....
If an elected official in Indiana were to up and move to Florida, for example, and simply stop performing their job, what would be the basis for removing them from office? Could they move out of state and just continue getting their paycheck?
Because I'm not seeing any reason they couldn't do just that.
At the bottom of page two in the middle column at the very bottom, it says, "Can elected officials be removed from office in some other way?
The last "yes" item says, "...and continuing to reside in the election district the person represents." It goes on to say that if the elected official does not meet the requirements, then someone has to file a lawsuit in court to have the official removed.
So, I would say the answer to your question is No, because I am absolutely, without a doubt, certain there is SOMEONE out there who would take the initiative to file the lawsuit.
Posted by: Dave Feb 15 2008, 02:58 PM
Thanks, don't know how I missed that.
Posted by: ChickenCityRoller Feb 17 2008, 09:26 AM
2/16/2008 11:00:00 AM Email this article • Print this article
Bohacek Wants Court To Help Remedy Backlog
Laurie Wink
The News-Dispatch
LA PORTE - A La Porte County Commissioner took legal action Friday to compel La Porte County Assessor Carol McDaniel and the Property Tax Assessment Board of Appeals to do their jobs on behalf of property owners.
Mike Bohacek, D-Michiana Shores, is asking La Porte Circuit Court to order McDaniel and the PTABOA to get on with the business of clearing up the backlog of some 3,000 cases waiting to be heard. The legal document, called a "writ of mandamus," makes the case that decisions are not being made in a timely manner for taxpayers.
"Really, this is the only remedy we have with a person in public office in a non-recall state," Bohacek told The News-Dispatch. "This is not me against Carol. The process is broken and needs to be fixed."
Bohacek hopes the legal challenge will start a dialogue that can lead to a workable plan and timeline for getting through the hearings quickly. One solution he seeks is to have the PTABOA hire hearing examiners to review tax appeal cases and make recommendations to the board. The recommendations can serve as summary judgments that can be quickly reviewed and voted on by the PTABOA.
A tipping point for Bohacek came two weeks ago when McDaniel left in the middle of a PTABOA meeting to go on a Florida vacation.
"I've lost confidence in her ability to run this portion of the office," Bohacek said. "I question her ability to understand the process."
Bohacek is being joined in the legal action by Theodore Craig Molden, who said at a recent public meeting the assessment on his mother's home on Lake Shore Drive, where she has lived for years on a modest income, more than doubled from about $675,000 to more than $1.4 million.
In a letter sent last April to Michigan Township Assessor Terry Beckinger, Molden said this was a "new outrageous increase in property tax assessments."
Given the hearings backlog in the La Porte County PTABOA, the Department of Local Government Finance told taxpayers last week they can file for an appeal directly with the Indiana Board of Tax Review. Bohacek doesn't see that as a benefit for local property owners, who will need to hire attorneys and tax experts to appear with them.
"You're better off going to the township assessor or the PTABOA because it's a dialogue," Bohacek said. The IBTR, he says, takes a less personalized approach to appeals.
What Bohacek hopes to accomplish is to force the development of a comprehensive plan that will straighten out the 2006 tax situation before the county gets too far into the 2007 property tax process.
"This suit is about the taxpayers' right to appeal," Bohacek said. "We've wasted too much time and energy. I'm sick of complaining."
Posted by: JHeath Feb 19 2008, 10:41 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=10018&TM=85681.27
Property Value Up 250% Without Notice
Dear County Tax Assessor, I am quite displeased with what I have discovered this past week. About two weeks ago, I started to process my federal income taxes and came upon a year-end report from my mortgage company. I was absolutely shocked at what they paid for our property taxes.
Last year (2005-2006) I paid around $538 and this year my mortgage company paid out over $3,100 to La Porte County for 2006-2007! I had no knowledge of this change until I received that year-end statement. So when I started to look into the appeals process I discovered that the deadline to appeal those taxes expired on Jan. 25, 2008, although the Web site states the following:
B. A written request for informal preliminary conference must be filed within 45 days after notice is given or by May 10, whichever is later.
That was at least a week before I even found out that I had something to appeal about. I never even received a notice. I was not sent a copy of the tax bill but I had to do an online search to discover that my house had been re-evaluated upward by 250 percent. Then I searched further and discovered that this all happened without my having been informed of the re-evaluation or having ever received a copy of the tax bill.
So in my search for how to go about an appeal I contacted the township assessor's office. I was informed by the person there that I was too late to make an appeal. I never received a Form 11 (notice of re-evaluation). I never received a copy of the tax bill, and now my monthly expenses are 100 percent higher because of this; I cannot afford this house anymore at this rate. Our overall mortgage and taxes are now more than twice the amount when we moved to Michigan City less than four years ago!
On top of all this I was never told that I had the right to claim certain exemptions and credits, such as "homestead" and others that could greatly reduce my tax liability. If this were a responsible tax agency I would have been encouraged by that agency to take advantage of exemptions.
This is outrageous. I demand the opportunity to make an appeal of my 2006-2007 tax bill. There is no excuse for such negligence on the part of a county agency that these very taxes pay for.
John Schaaf
Michigan City
Posted by: southsider2k7 Feb 20 2008, 07:33 AM
I can understand the first part, because there was an end around getting information into the publics hands by only sending it to mortgage companies (and therefore trying to mute public comment and outrage)... but doesn't everyone know about the Homestead exemption? If not, whoever was their Realtor fell down on the job.
Posted by: Dave Feb 20 2008, 01:58 PM
I can understand the first part, because there was an end around getting information into the publics hands by only sending it to mortgage companies (and therefore trying to mute public comment and outrage)... but doesn't everyone know about the Homestead exemption? If not, whoever was their Realtor fell down on the job.
I always wondered why one's mortgage company wouldn't forward a copy on to the property owner when the tax bill would come. But that issue is between the mortgage company and the property buyer.
As for "only" sending it to the mortgage company, well, you can always have the assessor send the bill directly to you, but don't blame anyone else when the taxes aren't paid because you forgot to forward it on to the mortgage company. The assessor doesn't decide who to send the tax bill to, the property owner does, it's just that most mortgage companies want the bill coming to them, especially if the mortgage company is going to escrow the taxes. We can find plenty of fault with the assessor's actions, but where the tax bill gets sent really isn't one of them.
And ditto what southsider said about exemptions.
Posted by: southsider2k7 Feb 21 2008, 01:02 PM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=10102&TM=50534.33
Laurie Wink
The News-Dispatch
LA PORTE - County Commissioner Mike Bohacek says people have reacted positively to legal action he took against La Porte County Assessor Carol McDaniel and the Property Tax Assessment Board of Appeals.
"I've received about 50 phone calls and letters from all over the county," said Bohacek, D-Michiana Shores. "They were happy with the stand we took in looking out for taxpayers."
Bohacek and Theodore Craig Molden, Long Beach, filed a request in La Porte Circuit Court. It asks the court to order McDaniel and the PTABOA to make a plan for clearing up the 3,000-case backlog in tax-appeal hearings. They claim decisions about property assessments are not being made in a timely manner.
Bohacek said Tuesday legal representatives for both sides have not yet scheduled a meeting to discuss a possible settlement of the dispute before it reaches the court.
He wants to see a workable plan and timeline for expediting the hearings, preferably by having the PTABOA hire examiners to review and make recommendations on tax appeals.
"I would like to see a plan, but I still want enforcement," Bohacek said. "They need to be accountable to the plan they produce."
Molden joined Bohacek in the legal action on behalf of his mother, whose Lake Shore Drive property assessment doubled in 2006 to more than $1.4 million.
"I'm so frustrated," Molden said. "I've been doing this (appeals) since 2003. I've been down to the state level. This whole process stinks."
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: JHeath Feb 22 2008, 12:15 PM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=10146
Friedman Launches Ethics Complaint
County claims state agency employee unethically helped Bill Wendt in his battle against La Porte County’s assessment.
Laurie Wink
The News-Dispatch
LA PORTE - The latest salvo between La Porte County Assessor Carol McDaniel and Bill Wendt was fired in a formal complaint filed Wednesday with the Indiana Ethics Commission.
In the complaint, submitted on behalf of McDaniel, La Porte County Attorney Shaw Friedman charged Wendt received improper assistance from a former employee of the Department of Local Government Finance.
Wendt and his Indianapolis attorney, Thomas Atherton, have gone to the DLGF with studies conducted by a consultant Friedman contends was hired at the recommendation of DLGF employee Lorraine Harmon.
She was responsible for approving the property assessment Wendt is challenging.
Wendt's claim that La Porte County property was improperly assessed for the 2006 tax year is based on data analysis performed by Robert Denne. Friedman maintains Wendt hired Denne on Harmon's recommendation while she was the DLGF assistant director of assessments.
No one from the DLGF would comment on the complaint Thursday.
Wendt said Thursday several people at the DLGF recommended Denne's firm. He said he asked Harmon's opinion on various matters both while she was employed by the DLGF and later when she was a consultant.
"I did hire her as someone to talk to with specific knowledge of what goes on in the state," Wendt said. "I wanted her to guide me if she thought I had a wrong idea about assessments."
Wendt said he didn't pay Harmon much.
"It was piddly. I think she only charged me for a few hours," he said.
Friedman said he's concerned Wendt will pressure the DLGF into ordering a costly property reassessment when the focus should be on the 2007 tax year.
"Our position is that we can't permit Mr. Wendt's money and clout in Indianapolis to pressure the DLGF into reversing themselves and ordering a costly new reassessment that all La Porte County taxpayers will pay for," Friedman said.
Wendt said he is continuing to ask for a reassessment because his studies show the one completed is wrong. In a Jan. 17 letter sent to McDaniel, Friedman and Atherton by DLGF Commissioner Cheryl Musgrave, she said her department is continuing to evaluate the county's ratio study and the Denne ratio study to ensure the property assessments were "uniform and equitable."
Wendt calls Friedman's latest action "silly."
"It's another Shaw smokescreen to cover up the incompetence of the assessor," Wendt said.
The county's complaint specifically targets Harmon for violating state statutes that prohibit former state employees from assisting persons in matters that pertain to their responsibilities while they were state employees. Friedman says evidence of the conflict of interest comes from recorded testimony in a tax appeal filed by Keith Sandin against the Michigan Township assessor and the county assessor.
Harmon was a DLGF employee through August 2007 and was involved in approving the county's 2006 ratio study, conducted by the Nexus Group. Since leaving the DLGF, Friedman said, she has assisted Wendt in his challenge to the 2006 La Porte county ratio study.
Friedman said Wendt and his attorney have had private meetings with DLGF Commissioner Carol Musgrave about Denne's property assessment studies.
According to Friedman, the Nexus Group tried to respond to the Denne studies but couldn't get a meeting with Musgrave.
"How are Mr. Wendt and his counsel able to get private meetings with DLGF? We wanted a level playing field and we're not getting it."
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: Ang Feb 28 2008, 10:32 AM
Okay. If there isn't enough controversy with this property tax thing, now they oust Winski?!?! I'm telling ya, there is something definitely rotton in Michigan City and it smells strongly of corruption and cover up. I think they are afraid of Joie cause she is a no-shitter and they know she's smart enough to figure out what they're up to so they wanted to remove her from the equation. Anonymous caller my dying ass!!
(sorry about all the "words" but I'm really angry over this!!)
Winski Off Appeals Board
Longtime member believes she was targeted for removal.
Donovan Estridge
For The News-Dispatch
LA PORTE - For five years, La Porte County resident Joie Winski sat on and even chaired the Property Tax Assessment Board of Appeals.
Earlier this week, she was removed from it.
According to board attorney Bill Hedge, Winski was removed after "an anonymous Michigan City resident" informed him Winski did not own property in La Porte County, a prerequisite for serving on the board.
"I'm shocked," Winski said Wednesday. "This is my fifth year on the board and it has never been brought to my attention. Just imagine how I feel right now," Winski told The Herald-Argus.
She said she thought she had been targeted for removal.
She noted she recently became a property owner in January, and intends to produce a deed to secure her reappointment to the board.
"I'll be back," she said. "There is no doubt about that."
Meanwhile, Wednesday's tax board meeting was cancelled.
With Winski off the board, member Dean Uminski delayed in Columbus, Ohio, because of weather, and newly appointed member Bill Bailey out of town, the board lacked the three members necessary for a quorum. It was the second time this year a meeting has been cancelled.
The situation frustrated Mike Conner, head of Michigan Township Citizens for Fair Taxes.
"Until this point, I thought the board was doing a really good job," Conner told The Herald-Argus. "But the question needs to be asked, 'What good does it do to kick (Winski) off?'"
Next Wednesday's tax board meeting could be in jeopardy as well. The county commission isn't scheduled to meet on Winski's reappointment until Tuesday, and Bailey will still be on vacation.
It has been a tumultuous few months for the board. In January, county assessor Carol McDaniel came under fire for canceling a board meeting due to weather. A week later, she angered some residents and county officials by leaving a meeting early for vacation.
The board is currently wading through nearly 3,000 appeals
Posted by: Ang Feb 28 2008, 11:04 AM
Mr. Friedman has written another letter to the Anvil Chorus. Hmmmm......
Maybe if Mr. Friedman would stop playing spin doctor, stop lying, stop trying to cover up the scandal, and go back to doing his own job and let Atty Hedge do his job, people would be willing to let this go. But, as I see it, any words that come out of Shaw Friedman's mouth (or in this case-pen) only make the situation worse.
Oh, I can just imagine the fireworks this letter is going to set off....
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=10354&TM=43468.45
Good Reason To Question Ethics
While your news story on the ethics complaint I filed was helpful, I thought your readers might like some additional details on what is occurring with the county's property tax assessments.
We are determined not to permit the money and clout of Long Beach property owner William Wendt to pressure the Department of Local Government Finance into reversing itself and ordering a costly new reassessment of '06 pay '07 assessments that all LaPorte County taxpayers would pay for. Rather than fully exhaust appeals on his own beachfront property, he has petitioned the state to completely throw out all the 2006 pay 2007 assessments for LaPorte County.
The DLGF should stand by its previous decisions. Twice before the agency approved these assessments - first on March 16, 2007, when it rejected a prior, flawed Wendt sales ratio study - and then on Sept. 8, 2007, when they told our county we weren't on the list of 20 counties forced to reassess. Now tax bills have gone out, revenues received and schools, cities and other government entities are receiving much needed tax revenues.
Why file an ethics complaint? We found evidence that a DLGF staff person (Lorraine Harmon) who participated in the review and approval of the sales ratio study leading to those approved assessments left the agency and then was hired by Mr. Wendt to attack the very study she worked on and helped approve when she was at the agency. That's simply not right.
Same when Mr. Wendt was able to pull off a private meeting with DLGF Commissioner Musgrave in October 2007 to push his version of the facts without the county represented there. Two weeks later we got a surprise call from Ms. Musgrave saying she was going to permit Mr. Wendt another bite at the apple, yet another chance to try to derail our '06 pay '07 assessments.
Wendt has been unrelenting going after Nexus Group, the company hired by the county to help assess our nearly 70,000 parcels at "market" value. Nexus has worked successfully in 20 other Indiana counties; not a one has been ordered to reassess.
Taxpayers want to close the books on their 2006 pay 2007 taxes and they certainly don't want LaPorte County having to spend $1 million to reassess property again for a tax year that's now behind us - particularly when we've already been told twice by this state agency that we got it right.
Filing the ethics complaint with the Indiana Ethics Commission may help highlight the coziness and connections that Bill Wendt has had with the DLGF. We have to hope that the agency will do the right thing and not let Mr. Wendt's money and clout carry the day. Bill Wendt needs to be told "enough is enough."
Shaw R. Friedman
La Porte County Attorney
Posted by: southsider2k7 Feb 28 2008, 11:34 AM
What an incredible joke. You can't keep people on that board, and they are looking for reasons to get rid of people. McDaniel needs to be impeached or something. This is completely ridiculous at this point.
Posted by: southsider2k7 Feb 28 2008, 01:48 PM
One more thing on "clout".
Wouldn't the very definition of clout be the ability to remove all people who remotely disagree with your position on an issue?
Posted by: ChickenCityRoller Feb 28 2008, 05:31 PM
I think up until not too long ago, Friedman thought he had everything under control. He'd eventually get the upper hand and put everything back in it's place, the way HE wants things. Now that the DLGF is involved, it seems as if the County is going to be reassessed. All sorts of things are going to come in to light now. Deals that weren't fairlly negociated or bid on (Nexus getting the job for LaPorte Co. without have two other competitive bids - Carol has been wearing a new fur around town), people who did do thier job and haven't done thier job for years and most importantly Friedman's manipulation of appointed and elected positions. There are literally a multitude of problems (I hate saying issues) that are going to rise to the surface once this stranglehold on the county is fixed by down state. It's about time!
Posted by: ChickenCityRoller Feb 28 2008, 05:35 PM
Mark my words when I say removing Joie Winski from that board is going to blow up in thier faces.
Posted by: lovethiscity Feb 28 2008, 08:59 PM
Please somebody wake me up and tell me the biggest investment of my life was not made in Michigan Township of Michigan City, Laporte County, Indiana! With the compounded screw ups in this area involving the messed up Assesors office and its incompetent leader, they tear apart the only portion of it that actualy was working. The politicaly motivated removal of the person that knows more about property taxes than probably anyone in the State, is a direct attack on us the tax payers. We need to send a very loud message to the string pullers in Laporte. It was done with Shaw backed Marlow Harmon, it was done again with Shaw hand picked Debra Birkholtz. Now it is time to do it again, if Shaw backs a candidate we all stand up and say no thank you!
Posted by: ChickenCityRoller Feb 28 2008, 09:08 PM
Well Said, ILove
Hence, the problem IS Shaw. Time for him to get the boot. Aside from running a section of the Democrat party, he's laughing all the way to bank "protecting" the county.
Posted by: lovethiscity Feb 28 2008, 09:35 PM
We all need to show up for this to show Shaw we have had enough.
1. The Board of County Commissioner's room will be the location of the public hearing in LaPorte on Thursday, March 6, 2008 at 5:00pm (LaPorte time). I am told the room will be completely open, which will allow approximately 200 people to fit into the room. The location of the Commissioner's room is at the County Complex and Circuit Courthouse, 813 Lincolnway, LaPorte , IN 46350 .
2. The Department will share its analysis with both parties prior to the public hearing. The analysis will be completed by Tuesday, March 4 and disseminated to Ms. McDaniel and Mr. Wendt shortly thereafter. This will give both parties time to review the Department's analysis before the public hearing in LaPorte.
3. Also, rather than conduct a preliminary meeting with the parties separate from the public hearing, the public hearing will serve as the sole meeting with the parties to discuss the results of the Department's analysis as outlined in Commissioner Musgrave's December 21, 2007 letter to both parties, and the other timely submitted data and information.
4. The Denne data LaPorte County is currently reviewing had an initial due date set for March 3, 2008 . However, the county requested an additional two days due to the amount of material on the CD provided to it by the Department. The county's response to the latest Denne submission is due by 4:30pm ( Indianapolis time), Wednesday, March 5.
5. No additional documentary evidence or data submitted after 4:30pm ( Indianapolis time), Wednesday, March 5 will be considered by the Department.
6. The order of the March 6th hearing will be:
a. DLGF introductions (3 minutes)
b. DLGF overview (5 minutes)
c. Presentation by county/Nexus (15 minutes)
d. Presentation by Wendt/Denne/Atherton (15 minutes)
e. Rebuttal by county/Nexus (10 minutes)
f. Surrebuttal by Wendt/Denne/Atherton (10 minutes)
g. Elected LaPorte County officials (10 minutes)
h. General public (LaPorte county residents or property taxpayers only)(3 minutes)
7. Matters not relevant to the county/Nexus and Mr. Denne's assessment analysis will not be heard at this public hearing.
Very Respectfully,
Timothy J. Rushenberg
General Counsel
Indiana Department of Local Government Finance
Indiana Government Center North
100 North Senate Avenue N1058(
Indianapolis , IN 46204
Phone: (317) 232-3777
Fax: (317) 232-8779
Posted by: ChickenCityRoller Feb 28 2008, 10:33 PM
Yes, I agree, this needs to be a PACKED hearing. Everyone attend this and send it along to everyone you know who has a vested interest in ridding our county of this cancer!
Posted by: southsider2k7 Feb 29 2008, 11:00 AM
Comments on the Winski story from the ND
Winski Off Appeals Board
Apparently someone with enough money and clout was able to remove one of the few people on the board who actually cared about the taxpayers and even showed up for the meetings.
Posted: Friday, February 29, 2008
Article comment by: Greg Winski
Winski Off Appeals Board
Why be anonymous? Doesn't the idiot have enough fortitude to confront YOU. Hey Mr. anonymous, GFY!
Posted: Thursday, February 28, 2008
Article comment by: michigan city
Winski Off Appeals Board
The behaviors by the local government and officials in La Porte county demonstrates just how much they are against the taxpayers. They should all be forced out of their jobs.
Posted by: mcstumper Feb 29 2008, 09:21 PM
Hey Mr. anonymous, GFY!
GFY, GFY...? OH! Good for you!
Posted by: Dave Feb 29 2008, 10:50 PM
GFY, GFY...? OH! Good for you!
Errr, not my first guess for GFY. Though I'm not sure how what I'm thinking would fit into that context.
Posted by: JHeath Mar 4 2008, 10:44 AM
Chapter 28. County Property Tax Assessment Board of Appeals
IC 6-1.1-28-1
Membership; qualifications; quorum; term
Sec. 1. (a) Each county shall have a county property tax assessment board of appeals composed of individuals who are at least eighteen (18) years of age and knowledgeable in the valuation
of property. In addition to the county assessor, only one (1) other individual who is an officer or employee of a county or township may serve on the board of appeals in the county in which the individual is an officer or employee. Subject to subsections (d) and (e), the fiscal body of the county shall appoint two (2) individuals to the board. At least one (1) of the members appointed by the county
fiscal body must be a certified level two or level three assessor-appraiser. Subject to subsections (d) and (e), the board of commissioners of the county shall appoint two (2) freehold members
so that not more than three (3) of the five (5) members may be of the same political party and so that at least three (3) of the five (5) members are residents of the county. At least one (1) of the members
appointed by the board of county commissioners must be a certified level two or level three assessor-appraiser. If the county assessor is a certified level two or level three assessor-appraiser, the board of
county commissioners may waive the requirement in this subsection that one (1) of the freehold members appointed by the board of county commissioners must be a certified level two or level three
assessor-appraiser. A person appointed to a property tax assessment board of appeals may serve on the property tax assessment board of appeals of another county at the same time. The members of the
board shall elect a president. The employees of the county assessor shall provide administrative support to the property tax assessment board of appeals. The county assessor is a voting member of the
property tax assessment board of appeals. The county assessor shall serve as secretary of the board. The secretary shall keep full and accurate minutes of the proceedings of the board. A majority of the
board that includes at least one (1) certified level two or level three assessor-appraiser constitutes a quorum for the transaction of business. Any question properly before the board may be decided by the agreement of a majority of the whole board. B The county assessor, county fiscal body, and board of county
commissioners may agree to waive the requirement in subsection (a) that not more than three (3) of the five (5) members of the county property tax assessment board of appeals may be of the same
political party if it is necessary to waive the requirement due to the absence of certified level two or level three Indiana assessor-appraisers:
(1) who are willing to serve on the board; and
(2) whose political party membership status would satisfy the
requirement in subsection ©(1).
© If the board of county commissioners is not able to identify at least two (2) prospective freehold members of the county property tax assessment board of appeals who are:
(1) residents of the county;
(2) certified level two or level three Indiana assessor-appraisers; and
(3) willing to serve on the county property tax assessment board of appeals;
it is not necessary that at least three (3) of the five (5) members of the county property tax assessment board of appeals be residents of the county.
(d) Except as provided in subsection (e), the term of a member of the county property tax assessment board of appeals appointed under subsection (a):
(1) is one (1) year; and
(2) begins January 1.
(e) If:
(1) the term of a member of the county property tax assessment
board of appeals appointed under subsection (a) expires;
(2) the member is not reappointed; and
(3) a successor is not appointed;
the term of the member continues until a successor is appointed.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.7-1983, SEC.8; P.L.24-1986, SEC.21; P.L.6-1997, SEC.91; P.L.198-2001, SEC.65; P.L.178-2002, SEC.35; P.L.228-2005, SEC.24; P.L.219-2007, SEC.72.
Please correct me if I'm wrong, but according to this statute, Joie is, and always has been, an eligible member of the PTABOA in LaPorte County.
Posted by: JHeath Mar 4 2008, 11:04 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=10572&TM=43793.46
Another Meeting Minus A Quorum
Taxpayers were not notified that not enough board members will attend today’s session.
Laurie Wink
The News-Dispatch
LA PORTE - The La Porte County Property Tax Assessment Board of Appeals is scheduled to meet today at 9 a.m., without a quorum for the second consecutive week.
Board President Sherry Ritter Banic and County Assessor Carol McDaniel are expected to be the only PTABOA members present. Members Dean Uminski and Bob Bailey had previously announced they would be out of town.
Former board member Joie Winski said she would have attended today's meeting if she hadn't been unexpectedly booted from the board last week. Winski was told at the Feb. 26 meeting she couldn't continue to serve on the board because she did not own property in the county at the time she was appointed. Winski was appointed to the board by the La Porte County Commissioners and had five years of board service. She said she has owned property since January and had never heard about that requirement before.
"If it would have been a requirement, I'm sure that not only would I have known about it but I'm sure the state would have said something," Winski said. "I'm just as upset and surprised as everybody else about the whole thing. You could have knocked me over with a feather."
Winski told the News-Dispatch on Monday she is "absolutely determined" to stay on the board. She is particularly concerned that taxpayers are not being served by PTABOA meeting issues.
Commissioners Bill Hager and Mike Bohacek said they had no idea Winski was going to be asked to leave the PTABOA last week. The commissioners appointed Winski and Hager said her name is expected to be put into nomination for re-appointment at today's commissioner meeting at 6 p.m.
"Joie's been on the board for a long time and I've never heard she didn't meet the qualifications," Bohacek said.
With a lack of quorum, the 32 property tax appeals scheduled today can be heard by two members, who will make recommendations to the full board. According to Tulani Gatewood, PTABOA secretary, taxpayers also have the option of rescheduling.
As of Monday, she said only four taxpayers had called the Assessor's Office about their hearings, after learning about the quorum issue. None of the taxpayers scheduled today were officially notified ahead of time, even though the fact should have been clear a week ago.
This is the second consecutive week without a quorum, adding further delays for La Porte County taxpayers who have filed some 3,000 appeals. A total of 32 cases were scheduled for last week and another 32 this week. Gatewood said most of those with Feb. 26 hearings chose to reschedule.
PTABOA meetings have been scheduled for March 11, 18 and 25 at 9 a.m.
Contact Laurie Wink at lwink@thenewsdispatch.com.
State board to hold hearing
LA PORTE - La Porte County residents will have a chance to sound off at a special public hearing Thursday convened by the Department of Local Government and Finance.
The DLGF requested the meeting, set for 5 p.m. in the County Complex. In a notice about the meeting, the DLGF said the purpose is "to discuss the accuracy, uniformity and equity of the assessment of real property in La Porte County." The meeting will focus in particular on results of a sales-assessment ratio study commissioned by Long Beach taxpayer Bill Wendt.
Wendt hired Robert Denne to analyze 2006 property tax assessments as part of his claim that La Porte County property was improperly assessed. Since Wendt hired Denne partly on the recommendation of former DLGF employee Lorraine Harmon, county attorney Shaw Friedman recently filed a complaint with the Indiana Ethics Commission against Harmon claiming a conflict of interest.
Friedman and Wendt have publicly disagreed about the accuracy of the 2006 property assessments produced by the Nexus Group, hired by County Assessor Carol McDaniel.
At the public meeting, the assessor and Wendt, along with their representatives, will make presentations and have an opportunity to rebut each other. Following these presentations, time will be given for comments from county and township officials, then members of the public.
- Laurie Wink
Posted by: southsider2k7 Mar 4 2008, 11:27 AM
All of these stupid games are going to trigger the re-assessment that they are trying to avoid. If they would just be upfront about things instead of trying to do everything in dirty backroom dealings, the Wendt challenge probably would have never gotten off of the ground. Every stupid political stunt just legitimizes their questions more and more.
Posted by: ChickenCityRoller Mar 5 2008, 08:52 AM
The DLGF would have raised thier eyebrows regardless of how LaPorte county responded. An incorrect job is an incorrect job. Shaw and company are just adding fuel to the fire by showing how uncooperative they are.
Posted by: JHeath Mar 5 2008, 09:45 AM
FWIW, Joie was reappointed to the PTABOA at the commissioners meeting last night.
Posted by: Ang Mar 5 2008, 09:48 AM
YEAH!! Joie.
Posted by: kharris Mar 5 2008, 09:52 AM
All of these stupid games are going to trigger the re-assessment that they are trying to avoid. If they would just be upfront about things instead of trying to do everything in dirty backroom dealings, the Wendt challenge probably would have never gotten off of the ground. Every stupid political stunt just legitimizes their questions more and more.
Though these kinds of dealings may (hopefully not) result in extra taxpayer costs due to re-assessments, legal costs, etc., they are also the kinds of things that just might have the effect of breaking that punch 10 mentality stranglehold in LaPorte County. I can foresee the Shaw Friedman grip on county (and local) politics being severly loosened as a result of his continued staunch support of McDaniel in this matter. His hand prints were all over the removal of Joie Winski. It was good to see she was re-appointed last night, in spite of the attempts to stifle her. It may take some time, but good things may just come from all of this afterall.
Posted by: Ang Mar 5 2008, 10:04 AM
I hope you're right. I hate the way things in MC have been run the past several years. I really want to move back home, but so long as the City is the way it is, I will stay put right where I am.
Posted by: southsider2k7 Mar 5 2008, 12:22 PM
I hope you're right. I hate the way things in MC have been run the past several years. I really want to move back home, but so long as the City is the way it is, I will stay put right where I am.
The thing is that it takes people who are fed up to change things. People leaving (or not coming back) is part of the reason nothing every changes. Change comes about because people demand it.
Posted by: Ang Mar 5 2008, 01:15 PM
Yeah. I know that and I agree with you. But, I am just one small person and my voice is never heard. I tried to instigate change and was accused of making waves instead and told to shut up and go away. And that's exactly what I did.
Posted by: JHeath Mar 6 2008, 02:35 PM
http://www.heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=2599
Winski reappointed to county tax board
Relief expressed that board can finally get back to business
Donovan Estridge
1-866-362-2167 Ext. 13865
destridge@heraldargus.com
LA PORTE COUNTY - It only took 30 seconds Tuesday to reappoint Joie Winski to the Property Tax Assessment Board of Appeals.
Winski, who had served on the board for five years, was ousted last week when the board's attorney, Bill Hedge, acting on an anonymous tip, removed her because he believed she did not own land in the county, a prerequisite for those serving on the board by appointment of the county commission.
However, Winski provided the commission at Tuesday's meeting with documentation proving she does indeed own property, and she was promptly reinstated.
"Now I hope it is over," commission President Bill Hager told The Herald-Argus Tuesday.
A relieved Winski shared that sentiment.
"I just want to get on with business," she told The Herald-Argus. "Lets just put this behind us and move on."
In Winski's absence, two board meetings were cancelled due to lack of quorum. Instead, those members present, acting as hearing examiners, heard individual appeals but made no decisions.
The board will reconvene next week.
Posted by: southsider2k7 Mar 10 2008, 08:20 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=10704
Debate between local officials wanting to avoid a costly, time-taking reassessment and taxpayers dealing with huge financial jumps.
Laurie Wink
The News-Dispatch
LA PORTE - About 30 local taxpayers told a panel of Indiana Department of Local Government Finance on Thursday why the property assessment process was flawed and should be redone, regardless of expense.
About 250 people attended the public hearing in the County Complex.
The meeting was requested by DLGF Commissioner Cheryl Musgrave to hear public comments. It was also to listen to attorneys for County Assessor Carol McDaniel and her Nexus Group consultants, along with Long Beach property owner Bill Wendt and his consultant Robert Denne.
Musgrave told The News-Dispatch she held 21 retrending hearings in Indiana counties last fall, but rarely had a situation with competing studies. Tim Rushenberg, DLGF's legal counsel, said they were in La Porte because of concern raised by Denne's studies that "calls into question the uniformity, equity and accuracy of all assessments in La Porte County."
The DLGF will take evidence presented and decide either for a reassessment by the county, a reassessment by the state or rule in favor of the county.
La Porte County Attorney Shaw Friedman asserted the DLGF had already approved and reapproved the county's assessment ratio study last year, proving its validity.
"We've relied on those actions," he said. "It's time for this agency to say enough is enough."
Frank Kelly, president of Nexus, attacked the Denne studies as "worthless."
Thomas Atherton, representing Wendt, said Denne was a partner and analyst in "one of the foremost U.S. sales ratio study firms." Denne has 32 years of experience doing tax studies for individuals, government agencies and nonprofit entities.
"He's got no motive for being here," Atherton said of Denne. "The only way he can get hurt is by bad analysis. Nexus has a $1 million contract motive."
Atherton said Denne had proven with nearly 100 percent confidence that the Nexus study was flawed.
"The sales study was invalid and ought to be thrown out," Atherton said.
La Porte Mayor Kathy Chroback spoke against a reassessment because of the cost to local government.
"I understand that the taxpayers have issues," Chroback said. "It's troubling when you have a 50 to 200 percent higher tax bill. But there is a process by which to appeal. As a local official, we simply cannot afford another reassessment."
County Auditor Teresa Shuter also opposed a reassessment. She said the $155 million in property taxes collected was just distributed to local units of government last week.
"To say we did that for nothing and to start over would be a big problem for La Porte County," Shuter said.
Commissioner Mike Bohacek spoke on behalf of his elderly neighbor, whose property he said was overassessed by $200,000 and she can no longer afford to live there.
"She didn't find out until she got a letter from the bank about the escrow shortfall," Bohacek said. "Whatever it takes to fix it, let's fix it. I don't want to see a homeowner lose property because of an error."
Fred Boardman has owned a summer home in the county for 32 years and intended to retire here next year. But he's worried that he won't be able to afford $2,000 a month in property tax payments once he's on a fixed income.
Boardman said his property was assessed by Nexus at $940,000 while an independent appraiser valued it at $300,000, a "huge, huge difference," he said.
"Nexus was very slipshod on the way they went about assessments," Boardman said.
Attorney Mark Phillips spoke on behalf of his client Ted Reeses. Reese's property taxes for his Lake Shore Drive residence jumped to $55,000 a year, while taxes of others in the county have remained the same or gone down, Phillips said.
"How can this be accurate?" he said. "It can't and it isn't."
Phillips chastised public officials for putting issues of cost ahead of taxpayer's constitutional rights.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: Ang Mar 10 2008, 09:10 AM
this is just incredible!! A fine example of the politicians filling their plates at the taxpayers expense!
Posted by: ChickenCityRoller Mar 10 2008, 01:01 PM
Property tax study 'flawed'
Analysis of county assessments discredited
Donovan Estridge
1-866-362-2167 Ext. 13865
destridge@heraldargus.com
LA PORTE - Shaw Friedman is hoping his 11th-hour bid to discredit the Department of Local Government Finance staves off a costly countywide reassessment.
"Flawed" was the word the county attorney used Wednesday to describe an analysis of countywide property tax assessments presented to him recently by the DLGF. The analysis was in response to a petition for reassessment filed by Long Beach resident Bill Wendt.
The DLGF is expected to render its decision on reassessment tonight at a public hearing at 5 p.m. at the county complex. The analysis was supposed to be part of that decision, until it was discovered by county officials and the DLGF to be flawed.
"This is further evidence that the DLGF needs to finally put an end to this unnecessary and unwarranted further review of the county's 2006 pay 2007 assessments," Friedman said. "It's time they stop holding La Porte County taxpayers hostage for no good reason."
Friedman and Nexus, the consultant hired to assist the county in assessing properties, pulled an all-nighter Tuesday to study the analysis. They found that the DLGF used the wrong sales study in the analysis.
Following an exchange of e-mails and several phone calls, the DLGF canned the analysis.
While Friedman questioned the point of tonight's hearing, the DLGF said it would be for the public's benefit.
"The focus of the meeting has always been to gather information from the people of La Porte County, county officials, the vendor (Nexus) and Mr. (Bill) Wendt," DLGF spokeswoman Mary Jane Michalak said. "Again, the meeting was intended to gather information."
Posted by: ChickenCityRoller Mar 10 2008, 01:09 PM
Reader Comments
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Posted: Friday, March 07, 2008
Article comment by: JIM
This article is further evidence that local government needs to put an end to the unnecessary and unwarranted tax practices forced upon the citizens of this county. "It's time they stop holding La Porte County taxpayers hostage for no good reason." For the uninformed, all property tax information for all properties in LaPorte County is available online on the LaPorte County Assessor's web page. http://www.xsoftin.com/laporte/parcelsearch.aspx Flawed would be the word describing the inconsistencies in the "market valuation" of many properties in the same neighborhoods,many in which government officials reside, with some showing unfinished square footage, additions never taxed, total square footage only a portion of what it should be, supposed market value at much less than houses around them with no improvements or pools, these others having just over 1/2 the square footage of much larger houses valued at a lower price. Greenacres in LaPorte being a great small neighborhood where one can begin identifying these undervalued properties, and in so doing, having those in this subdivision realize it is who you know, on what you owe. Mr.Friedman might question if the earth circles the sun, if the person making the assertation is a taxpayer, as they have no right to assert anything, if it contradicts the county monarchy's rule of law.
Posted by: ChickenCityRoller Mar 10 2008, 01:10 PM
home : opinion : anvil chorus letters
3/9/2008 11:00:00 AM
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Friedman: Critic Doesn't Tell Full Story
There you go again, Rick, telling half the story [ "Friedman tries to halt meeting at N-D," Rick Richards column, Friday]. DLGF's hearing was scheduled to permit discussion of their long-awaited findings, which they finally e-mailed to me and to Bill Wendt's attorney on Tuesday night. Officials of Nexus pulled an all-nighter and e-mailed DLGF with all kinds of corrections. DLGF's analysis was so deeply flawed it was withdrawn by the agency Wednesday morning.
That's why I e-mailed DLGF Commissioner Musgrave on Wednesday and asked her why she would still hold a hearing and meet with the press prior to issuing her findings. I told you, Rick, that it is highly unusual for a state administrative agency that is supposed to be a neutral fact-finder to conduct a press blitz before even issuing a ruling.
Rick, you're selectively indignant. I asked you in our phone conversation whether you pressed DLGF in your meeting over the ethics issues of their former staffer, Lorraine Harmon, who is now a paid consultant to Bill Wendt. Silence on your part. I asked you whether you had taken the time to actually read a sales ratio study that is at the heart of this dispute. Silence. I also asked you whether you pressed the agency for a copy of their report they sent to me Tuesday night. Again, silence on your end of the line.
DLGF has bent over backward to accommodate one very wealthy, influential beachfront property owner who wants to void all this county's assessments even though that same agency has twice before approved the same assessments. Why?
While Wendt's expert Dr. Denne may have done good work in other states, his studies haven't been approved yet in Indiana. That compares to the owners of Nexus whose ratio studies have been approved 81 times in Indiana and who have also taught assessment techniques to the staff of the DLGF.
Mayor Kathy Chroback and County Auditor Teresa Shuter and others testified about the terribly disruptive impact a reassessment order would have. In addition to costing taxpayers $1 million or more, it will delay approval of budgets and tax rates and further delay tax bills for this year.
We filed with the state a two-inch thick binder of evidence on why a reassessment is absolutely unwarranted. Rick, I'll send you a copy if you promise to read it before you do your next column.
Shaw Friedman
LaPorte County Attorney
Posted by: ChickenCityRoller Mar 10 2008, 01:15 PM
This editorial from the News Dispatch in response to the article Shaw Friedman wrote above is EXCELLENT! Who the hell is this guy? He's an appointed, APPOINTED county official who works for the commisioners! He's become used to treating a large section of the Democratic party as his own private party; if he is so hellbent on being a manipulator he should become a puppeteer. I suppose he already IS a puppeteer. It makes me SICK! I have no clue who Tom Phillips is but he eloquently has put his thoughts in writing and I couldn't agree more with him.
3/9/2008 11:00:00 AM
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Friedman Can't Represent Both Taxpayers, Assessor
La Porte County is struggling with a very difficult tax reassessment. As a county we struggle to find a solution to this complex issue.
It is very apparent to me that La Porte County Attorney Shaw Friedman must recuse himself from the tax reassessment issue. Mr. Friedman is representing conflicting interests within the county and, in my opinion, has not and cannot be impartial.
County Commissioner Mike Bohacek filed a writ of mandamus to force the timely hearing of more than 3,000 backlogged tax bills dating back years. This action, taken by our ELECTED official, represents a public and legal statement that the system needs corrective action. As part of the writ, the immediate hiring of a hearing officer is required to provide relief to the backlog.
Yet La Porte County Attorney Shaw Friedman has continually defended assessments of Nexus Group and the work of County Assessor McDaniel as accurate, quality work. A recent quote from Friedman reads, "This is further evidence that the DLGF needs to finally put an end to this unnecessary and unwarranted further review of the county's 2006 pay 2007 assessments."
Is attorney Friedman supporting Commissioner Bohacek's position that tax assessments and appeals are inaccurate and unnecessarily delayed or is he supporting the assessments of the Nexus Group and the work of Assessor McDaniel? If the county and the Nexus Group ended up in court who would the county attorney defend? I cannot see how he is serving the assessor's office and the County Commissioners' office impartially.
Mr. Friedman has continually made public comments and written letters to The News-Dispatch in his capacity as LaPorte County attorney without the approval or direction from the County Council or Commissioners as recorded in the official meeting minutes.
I have seen and worked with a variety of municipal, county, and regional authorities. I have never seen the attorney of the RDA speak without express direction from the authority. To my knowledge, the attorneys for the Board of Public Works and the Redevelopment Commission (Espar and Bergerson) function within boundaries and directions given by their respective bodies.
As a resident of La Porte County my voice is heard through the officials who are elected to represent me. As a employee of the county, Mr. Friedman should receive direction and directives from the County Council and Commissioners. If action is required by Mr. Friedman on behalf of the county that falls outside of the scope of responsibility he has been given by the Council or Commissioners his only comment should be "no comment" until such time as he can confer with an ELECTED OFFICIAL. As a resident, I did not elect Mr. Friedman to any office and I expect that his voice is the will of the Council and Commissioners, and thus my voice, not his own.
Mr. Friedman has worked hard to represent the county with NIPSCO and other issues. My issue with County Attorney Friedman isn't the quality of his work, it is that he needs to decide if he wants to be the county attorney or run for office as an elected official.
Tom Phillips
Michigan City
Posted by: ChickenCityRoller Mar 10 2008, 01:43 PM
I especially LOVE the parts where Friedman says that the county doesn't have the money to pay for a reassessment. Meanwhile, they hire Friedman to represent / dictate at who knows how much, maybe $120/hr, they hired an appraiser for $50,000 and then canned him after his findings didn't jib with what Nexxus wanted. Ahhh yes, Nexus, the firm who was hired for ONE MILLION DOLLARS to do the job of the incompetant Carol McDaniels and company, lol. WHAT A JOKE!
Posted by: Ang Mar 10 2008, 02:34 PM
That's why they don't want the reassessment. They're afraid they won't get paid when the assessments come back lower and the County doesn't have any money anymore.
Posted by: ChickenCityRoller Mar 10 2008, 03:21 PM
That's why they don't want the reassessment. They're afraid they won't get paid when the assessments come back lower and the County doesn't have any money anymore.
Damn straight they (Nexus) won't get paid when it's reavealed that they've done a terrible job and have also broke the law by sales chasing. Along with that, all the crud i.e. Shaw and company is going to rise to the surface.
Do you think the county would use Shaw as the lawyer to get back the wasted funds that LaPorte has already paid to Nexus company? lol
What a MESS!
Posted by: JHeath Mar 10 2008, 09:44 PM
http://www.heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=118&TM=43130.79
Okay, so I posted this waaay back when, but didn't even think much of it at the time. I'd told myself I was done with this thread. But, I just can't stay away. One question...and the person who provides an acceptable answer wins...well, they'll win my respect. But I'm looking for an answer.
Why didn't those of us with mortgages get a tax bill, or a copy of one, mailed to our homes as well as to the mortgage companies? Because of this, I've noticed, after checking my assessed valuation online today, that in the 6 years I've owned my home the assessed valuation of the home has gone up by more than 250%!!! Over the past year, it's increased by more than 30%. According to the appeals process info, I'm too late to file for an appeal because it's after the 45-day time period. (You have 45 days from the date your bill was mailed to you to file for the appeal).
I do not live in the beach area...rather, I'm in Trail Creek (Michigan Township...where most of the higher assessments seem to be). We're a middle class family with 3 kids--one with special needs (read: lots of medical bills). Now, I'll probably have a significant increase in my escrow fees. Thankfully, we should be able to weather it...I think.
Don't tell me to sell my home, or to take out a loan...neither is an option. The housing market is in a slump, and I'm not moving my family into another neighborhood (because we'd never get 1/2 the house we have at anywhere close to what we paid for this one). What are families like mine going to do if they can't afford their tax increase?
It's not just in the beach areas, folks. The mistakes are going to affect ALL of us.
Posted by: southsider2k7 Mar 11 2008, 07:05 AM
The machine knew if you all saw your tax bills, that the revolt that is going on in LPC would have been way worse. This was a dirty underhanded way of making sure that as many people as possible didn't see their bills.
Posted by: ChickenCityRoller Mar 11 2008, 08:47 AM
Okay, so I posted this waaay back when, but didn't even think much of it at the time. I'd told myself I was done with this thread. But, I just can't stay away. One question...and the person who provides an acceptable answer wins...well, they'll win my respect. But I'm looking for an answer.
Why didn't those of us with mortgages get a tax bill, or a copy of one, mailed to our homes as well as to the mortgage companies? Because of this, I've noticed, after checking my assessed valuation online today, that in the 6 years I've owned my home the assessed valuation of the home has gone up by more than 250%!!! Over the past year, it's increased by more than 30%. According to the appeals process info, I'm too late to file for an appeal because it's after the 45-day time period. (You have 45 days from the date your bill was mailed to you to file for the appeal).
I do not live in the beach area...rather, I'm in Trail Creek (Michigan Township...where most of the higher assessments seem to be). We're a middle class family with 3 kids--one with special needs (read: lots of medical bills). Now, I'll probably have a significant increase in my escrow fees. Thankfully, we should be able to weather it...I think.
Don't tell me to sell my home, or to take out a loan...neither is an option. The housing market is in a slump, and I'm not moving my family into another neighborhood (because we'd never get 1/2 the house we have at anywhere close to what we paid for this one). What are families like mine going to do if they can't afford their tax increase?
It's not just in the beach areas, folks. The mistakes are going to affect ALL of us.
Hopefully I've already earned some respect. I'm not a fortune teller but if you read my earliest posts on this subject, about everything I said was going to happen, has happened. More to come too! Maybe we can have a public stoning?
The county sent out these notices to the mortgage companies becuase there was ambiguity in the law. The law has since been changed according to the DLGF so this won't happen again. As southsider stated, this was a dirty trick the Assessor or her puppeteer('s) played on us. They saw thier window of oppurtunity and they took advantage of it. Instead of the actual homeowner recieving the notice, it went to a mortgage company and was opened by a clerk, sat in a pile and by the time anyone (re: the homeowner) noticed, the 45 day period had passed. This is one of the BIG problems that Mike Bohacek has with the Assessor and Co. Now you could fight this but that would cost a lot of money, money that most people don't have. It's the same way that I had swamp land which was assessed at 32,000 an acre and it's worth less than 1000 an acre. After I hired some experts and appealed it at the PTBOA level, I won. Luckily I had the means to hire the right people to prove that this land was garbage. With these problems, you're guilty until YOU pay and prove that you're innocent. Most people just roll over because they don't have the money to spend. This is the gamble that the Assessor was willing to take by not notifiying the home owners of the increase. They figured most people won't fight them.
I think what's going to happen is that this will be yet another avenue of this big mess which goes to the courts and it'll wind up costing the county a big chunk of money. Money which according to Shaw we don't have yet it was his devious doings which created most of these problems. It's all going to blow up in thier faces; it already is. I feel very sorry for all these people. The first thing I did when I found out my swamps went up in assessed value by 300% was I drove up and down the entire highway talking to home owners and business owners on what to do to appeal thier taxes and what to say to make it stick.
Posted by: ChickenCityRoller Mar 11 2008, 09:45 AM
For your viewing pleasure, here is a link to the entire hearing from March 5th. It's the Department of Local Government and Finance hearing which is 2 hours 30 minutes long. My favorite parts are Tom Atherton explaining motives, Keith Sandin talking at 1:39 and Josh Petite who is a Nexus employ. Josh talks and the end and is so bad that even I feel embarrassed for him! Carol and Nexus took the arrogant stance and basically gave the DLGF a big F-U when they left half way through the hearing after they said thier peace. Hopefully Josh's boss's have seen his ludicrious behaviour. That part is actually funny and a nice comic relief to a sad, sad state of affairs.
http://www.alco.org/alcotv.html
Posted by: JHeath Mar 11 2008, 09:58 AM
I've also started talking to my neighbors. I don't want to go as far as to show them their assessed valuations unless they ask me to do so, because they may feel that it's a privacy invasion (even though it's public info). But, I am going to at a minimum educate them all about it.
I just know that I can't be the only person this is happening to...or the only one who's just now seeing it. (When it's kind of already too late to do much about it).
(Edited for spelling error--oops)
Posted by: ChickenCityRoller Mar 11 2008, 10:02 AM
I've also started talking to my neighbors. I don't want to go as far as to show them their assessed valuations unless they ask me to do so, because they may feel that it's a privacy invasion (even though it's public info). But, I am going to at a minimum educate them all about it.
I just know that I can't be the only person this is happening to...or the only one who's just now seeing it. (When it's kind of already too late to do much about it).
(Edited for spelling error--oops)
Just call Carol McDaniels and ask her what to do. Don't you remember, she's giving free advice?
Posted by: JHeath Mar 11 2008, 10:21 AM
Just call Carol McDaniels and ask her what to do. Don't you remember, she's giving free advice?
Thanks....I'll, um, take that into consideration.
Posted by: lovethiscity Mar 11 2008, 07:48 PM
Thanks....I'll, um, take that into consideration.
Michigan Township here too JHeath, I have not checked my taxes yet. If the true assessed value, is market value I do not have much to worry about. My land locked little neighborhood has not seen a home sell for over $70,000 thanks much in part because of the city administration. Foreclosures in my neighborhood stay boarded up for at least ten years, keeping the values here low. Boarded up houses tend to get torn down after about 12 years. In a way it gives us more green space, but at the same time it reduces the overall tax base. This is where the need to totally screw folks like CCR and Jenny come in to play. City cannot seem to figure out how to deal with dilapidated properties, yet they have figured out away around a shrinking tax base. You, guys blew it when you noticed $20,000-$50,000 increases on your tax bills.
Posted by: JHeath Mar 11 2008, 08:46 PM
oooohhhhhh. I get it now. I wasn't supposed to notice that "slight" increase, right?
That way, even though I'm not in MC proper, I help make up the difference for the County.
Posted by: lovethiscity Mar 11 2008, 09:22 PM
oooohhhhhh. I get it now. I wasn't supposed to notice that "slight" increase, right?
That way, even though I'm not in MC proper, I help make up the difference for the County.
Well, thanks to people like you and that CCR dude that are catching on, the Friedmanites will have to come up with a new scam. Maybe Shaw can get Deb Birkoltz in the State House to come up with new taxes. Can air be taxed? Beach air could be taxed at a higher rate, because the beach folks probably wake up and take deeper breaths then the rest of us. I would be taxed less because of the smell of diesel from the train yard. Trail creek could be like the middle class breathers in the suburb. Edgewood could also be taxed higher for air because they can afford to shop at fancy Al's on Karwick. This may be in jest but I like it. Deb Birkoltz for SENATE yeah. so what if she has no experiance in government. A certain assesor gets by without experiance.
Posted by: mcstumper Mar 11 2008, 10:01 PM
I have to admit that my personal tax situation seems to be much different than everyone elses. I live in Michigan Twp. (old Edgewood). If I look on the online assessment site, I see that my assessed value has climbed 21% over the last two years (2004-2006), but my actual tax has dropped 3.5%.
Are people away from the lake really seeing big increases in their taxes due?
Since my taxes are down, am I obliged to write a letter to the editor singing the praises of Mrs. McDaniel?
Posted by: southsider2k7 Mar 12 2008, 06:44 AM
Michigan Township here too JHeath, I have not checked my taxes yet. If the true assessed value, is market value I do not have much to worry about. My land locked little neighborhood has not seen a home sell for over $70,000 thanks much in part because of the city administration. Foreclosures in my neighborhood stay boarded up for at least ten years, keeping the values here low. Boarded up houses tend to get torn down after about 12 years. In a way it gives us more green space, but at the same time it reduces the overall tax base. This is where the need to totally screw folks like CCR and Jenny come in to play. City cannot seem to figure out how to deal with dilapidated properties, yet they have figured out away around a shrinking tax base. You, guys blew it when you noticed $20,000-$50,000 increases on your tax bills.
Hopefully the bill that Scott Pelath just got passed, which allows for the tax sales of property for less than the taxes owed on them changes things a bit. Its probably just wishful thinking, but hey, I am an idealist.
Posted by: ChickenCityRoller Mar 12 2008, 10:10 AM
I have to admit that my personal tax situation seems to be much different than everyone elses. I live in Michigan Twp. (old Edgewood). If I look on the online assessment site, I see that my assessed value has climbed 21% over the last two years (2004-2006), but my actual tax has dropped 3.5%.
Are people away from the lake really seeing big increases in their taxes due?
Since my taxes are down, am I obliged to write a letter to the editor singing the praises of Mrs. McDaniel?
I own swamp land in the industrial park on HWY 212. I have three parcels of different sizes and before this year, they were assessed anywhere from $780 an acre to $1100 an acre. This year they were assessed at $32,000 an acre across the board with NO COMPS to prove that $32,000 was an accurate number. I wound up getting multiple quotes from large construction firms such as Tonn and Blank on how much it would cost to improve the land per square foot to make the swamp buildable. The general number was $1.75 a foot taking in to consideration that I'd be able to find free fill from a construction site. It's be more if I had to pay for the fill. With those numbers the land is actually a negative value if you think of things that way. This is the argument that I had with the PTBOA board during my appeal and it made perfect sense to them. They came to a number of $1,000 an acre. Based on my interest in ornithology, I accepted the offer. Lot's of birds in that swamp.
Posted by: JHeath Mar 13 2008, 10:53 AM
http://www.heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=2742
Suit against McDaniel dismissed
Erin Blasko
1-866-362-2167 Ext. 13894
eblasko@heraldargus.com
MICHIGAN CITY - A lawsuit filed last fall against Carol McDaniel that accused the La Porte County assessor of action that resulted in the misappropriation of more than $1 million of taxpayer money was dismissed last week.
The lawsuit, filed Sept. 14 on behalf of 28 residents of Michigan Township as well as taxpayers and residents of La Porte County and the nonprofit group Michigan Township Residents for Fair Taxes Inc., listed as defendants McDaniel, Nexus Group, and Frank Kelly and Jeffrey Wuensch, the president and chief operating officer of Nexus Group, respectively.
The lawsuit claimed that on or about June 24, 2004, the La Porte County Commission, at the insistence of McDaniel, unlawfully entered into a contract with Nexus Group to assist in assessing county property values for the purpose of calculating property tax bills. The contract, the lawsuit stated, was signed without first soliciting bids from other interested parties, a direct violation of state law.
"We found out (the contract) really didn't go out to bid. It was kind of a one-stop shop," Mike Conner, a resident of Michigan Township and the head of Michigan Township Citizens for Fair Taxes, told the La Porte County Herald-Argus in September.
The lawsuit requested the contract and all services rendered by Nexus be voided, and that Nexus repay the more than $1 million guaranteed in the contract and cover all legal fees incurred by the plaintiffs as a result of the action.
As cause, the judgment for the defendants, handed down Friday by Judge Steven King in La Porte Superior Court 2, cites, among other things, the fact that the lawsuit was not filed within the required 30 days of the decision by the county commission to sign the contract; that McDaniel herself did not sign the contract, but only recommended the commission enter into it; and that "charges of conspiracy are matters reserved to prosecutors in the criminal arena," and not to citizens.
Furthermore, the judgment states, "extreme prejudice to the county and township assessors, as well as La Porte County government and its taxpayers would result in the form of the huge financial cost should (Nexus' work) be undone and the county and local government be required to repeat those massive exercise."
The judgment makes no ruling on the legality of the contract, and in fact states that "genuine material facts" exist as to whether it should have been let to bid.
In an e-mail Tuesday, La Porte County Attorney Shaw Friedman, in response to the ruling, said, "We are obviously pleased with the outcome. We think the judge's order speaks for itself."
A call to Conner was not immediately returned Tuesday evening.
Posted by: Ang Mar 13 2008, 11:53 AM
Everyone keeps crying about the cost to the county, what about the cost to the taxpayers? What about the people who are going to lose their homes because they can't afford to pay the inflated taxes? What about the senior citizens who will go without food and medication so they CAN pay their taxes and not lose the homes they've lived in forever? If this had been done right to begin with, the county wouldn't have to worry about the cost. Furthermore, Nexus is getting paid ONE MILLION DOLLARS for this shoddy work. Where do you think that money is coming from? Taxes! No wonder they're inflated.
This kind of crap, added to all the other crap, is what is killing MC. Dave hit the nail on the head--Will the last person out of town please remember to turn off the lights?
Posted by: ChickenCityRoller Mar 13 2008, 02:09 PM
Everyone keeps crying about the cost to the county, what about the cost to the taxpayers? What about the people who are going to lose their homes because they can't afford to pay the inflated taxes? What about the senior citizens who will go without food and medication so they CAN pay their taxes and not lose the homes they've lived in forever? If this had been done right to begin with, the county wouldn't have to worry about the cost. Furthermore, Nexus is getting paid ONE MILLION DOLLARS for this shoddy work. Where do you think that money is coming from? Taxes! No wonder they're inflated.
This kind of crap, added to all the other crap, is what is killing MC. Dave hit the nail on the head--Will the last person out of town please remember to turn off the lights?
Well said Ang and you're right! I have a question? Since when has a dollar amount been placed on following the law? These assessments are way out of wack and like you pointed out, Shaw and company is crying over the money. What a joke!
Posted by: Ang Mar 14 2008, 02:43 PM
I checked out my grandpa's house. He lives in TC. So, from 01 to 02, the value more than doubled. Then, from 05 to 06 it went up by 16K. There were no additions or major improvements done to the house, so why the big increase? The assessed value is not outrageous, but I just don't understand the increase.
I'm curious to see what they did for 07.
This is important to me because I am going to inherit this house. I guess I should've paid attention to it sooner, huh?
Posted by: southsider2k7 Mar 24 2008, 11:03 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=11313
Laurie Wink
The News-Dispatch
As of July 1, township assessors will have to turn over duties to their local county as part of property tax-relief bill signed into law Wednesday.
LA PORTE - Most township assessors in La Porte County will be out of a job on July 1, the deadline for transferring their duties to the county assessor's office.
The change comes as part of HB 1001, a plan passed by the Indiana General Assembly slated to provide property tax relief. Gov. Mitch Daniels signed it into law.
The plan shaves the ranks of Indiana assessors from 1,100 to a total of 92 county assessors, as well as the 42 township assessors who have more than 15,000 parcels in their townships.
La Porte County has 20 township assessors or trustee-assessors who will lose their positions. Only Michigan Township will retain a full-time assessor.
Pam Kieft, Coolspring Township assessor blames Daniels for the "irresponsible move" requiring a transition by July 1. "He should have waited until the end of our terms," Kieft said. "It would have given us two years to transition into this."
The Department of Local Government Finance will address what the new law requires and will make recommendations for the transition, according to DLGF Communications Director Mary Jane Michalak.
That is due by the end of March.
The DLGF has created a committee of township and county officials to help guide the transition. Kieft is a member of the committee.
Kieft, who plans to run for county assessor in 2010, said the assessor's office will have to hire more staff to handle the work now performed by township assessors.
County Assessor Carol McDaniel said she is looking to a statewide meeting of county assessors later this month for more information.
"At the moment, I really don't know," McDaniel said. "I haven't had any direction from anybody."
Springfield Township trustee-assessor Howard Conley said most township officials opposed the change and worked through the Indiana Township Association to lobby against it.
Conley calls it "nothing but a political ploy for Mitch Daniels" and part of a plan to do way with township trustees.
Although he's a Republican, he said Daniels will not get his vote.
Conley said his constituents are not in favor of eliminating trustee-assessors, calling it "taxation without representation." The move away from locally-based assessors takes away the people's voice, he said.
As a trustee-assessor, Conley receives a fourth of his salary from the county for property related duties and three-fourths from the township. As a result of the July 1 transition, he said his pay is likely to be reduced between $12,000 and $13,000 a year.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: Dave Mar 24 2008, 12:26 PM
Why do I just find this amusing? Since when do elected officials get direction from anyone on how to do their jobs?
[wild speculation mode]
I think this gives McDaniel a great opportunity to resign in protest -- "This legislation makes it impossible for me to do my job, I must resign to send a message that blah blah blah" -- then she can move to that condo she was scouting out in Florida during her vacation before the grand jury subpoenas are issued.
[/wild speculation mode]
Posted by: mcstumper Mar 25 2008, 09:08 PM
Everyone talks about the increase in valuations, but can anyone on this board explain how the property tax rates are determined? If everyone in the county has a 20% increase in assessed values, does that necessarily mean a 20% increase in property tax revenue?
Posted by: southsider2k7 Mar 26 2008, 07:11 AM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=72&ArticleID=11329&TM=33249.85
New Law Makes Too Hasty A Change
Editorial
In a too hastily crafted bill that takes effect July 1, the General Assembly eliminated the position of township assessor.
While we agree that there are far too many assessors in the state, eliminating the position this quickly wasn't the smart thing to do. Instead, assessors should have been allowed to complete their term in office to allow for a more orderly turnover of records to the county assessor, who will now be in charge of all assessment in the county.
For La Porte County, that unfortunately means that Carol McDaniel will be in charge of assessments, a job for which she has shown no aptitude. In the future, La Porte County voters must forget about party loyalty for the job and make sure that the person elected to that job is qualified to do it.
The change that's coming July 1 will eliminate 20 of the county's 21 township assessors. Most also serve as township trustee, but in Michigan, Center and Coolspring townships, there are separately elected trustees and assessors. Because the new law eliminates township assessors for townships that have fewer than 15,000 parcels, that means only the Michigan Township assessor will remain - and that position is subject to a referendum on the fall ballot.
Statewide, there are 1,100 assessors in 92 counties, but after July 1, that number will be cut to 134 for the 92 counties and the 42 townships in the state that have 15,000 parcels.
Understandably, assessors aren't pleased. Coolspring Township Assessor Pam Kieft, a Democrat, calls the decision "irresponsible," and Springfield Township Trustee/Assessor Howard Conley, a Republican, describes it as "nothing but a political ploy for Mitch Daniels."
There certainly is a need to streamline government, and eliminating township assessors is one way to go about that. But to take that step over only a few weeks - essentially disenfranchising the people who voted for those township assessors - was not a prudent way to do that.
Our Opinion
The Issue: Streamlining government by eliminating most township assessors was a good idea.
Our Opinion: The new law, however, ends their tenure July 1. They should have been allowed to complete their terms to make for a more gradual and orderly transition.
Posted by: Dave Apr 16 2008, 11:28 PM
More news on this matter....
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=12244&TM=5504.644
No decisions are expected, but state agency to question county’s property tax assessment data.
Laurie Wink
The News-Dispatch
INDIANAPOLIS - La Porte County Assessor Carol McDaniel, County Attorney Shaw Friedman and Nexus Group consultants are meeting today with the Department of Local Government Finance.
They will be discussing questions about the county's property tax assessment data.
The DLGF is determining whether discrepancies in the sales ratio study done by Nexus are sufficient to justify a reassessment of La Porte County property for tax year 2006-07. Data submitted by Nexus is being compared to a data analysis by Robert Denne, a consultant hired by property owner Bill Wendt.
Wendt's attorney, Thomas Atherton of Bose, McKinney & Evans in Indianapolis, is also attending. Both sides are locked in a legal dispute over the accuracy of the Nexus sales ratio study.
According to Friedman, the DLGF has not raised specific questions or objections prior to today's meeting. He said the meeting is about "the latest statistical analysis" and he doesn't expect a final ruling on a reassessment to come today.
"There is no evidence justifying a reassessment," Friedman said. "There is only so long that you can look at statistical data. If you torture the statistics long enough, you can get them to say anything.
"We continue to reinforce how important it is to get closure," Friedman said. "Nexus has performed sales ratio studies across the state and never had a study rejected by the DLGF."
Friedman said some questions have come up about data from eight of La Porte County's 20 townships. He said he believes any problems can be addressed during the next retrending process in tax year 2009.
That would mean property owners who believe they were unfairly assessed would have to wait three years for resolution. During that time, property taxes would be paid on the basis of what could be faulty data.
Meanwhile, the county needs to complete a sales ratio study for tax year 2007 to move forward on this year's tax bills. The county is unable to send tax rebates to qualifying property owners until the reassessment issue is settled.
Posted by: southsider2k7 Apr 24 2008, 10:59 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=12603
Officials decide to exclude public from gathering about reassessment.
Laurie Wink
The News-Dispatch
MICHIGAN CITY - A public meeting scheduled by the Indiana Department of Local Government Finance for today at the La Porte County Library has been canceled.
DLGF Commissioner Cheryl Musgrave said Wednesday she canceled the meeting because some key parties were unable to attend.
In a notice issued earlier this week, she invited the public to observe the meeting but not to comment. But she became concerned after hearing 300 people might attend.
Musgrave said a conference call will be scheduled between the DLGF, assessor's office representatives and county attorney Shaw Friedman, along with attorney Tom Atherton, representing Michigan City resident Bill Wendt.
The teleconference will continue a meeting from last week in Indianapolis, during which county consultants Frank Kelly and Jeff Wuensch, of the Nexus Group, spent two hours presenting data analysis. Because Atherton had no time to present his case, the parties agreed to hold another meeting.
Musgrave said her primary concern now is to "keep the process moving" and to treat both sides impartially. The DLGF must decide whether to accept La Porte County's property tax assessments, order a complete reassessment, or require a partial reassessment.
"Any decision the DLGF makes is appealable with the Indiana Tax Court," she said. "Everything we do is fair game."
Because the meetings concern a legal matter between the county and Wendt, the DLGF does not have to allow the public to attend.
"The discussions we're having now are settlement-type questions," Musgrave said. "We are asking both sides what would be an acceptable resolution, not that I would necessarily agree."
Musgrave said she is aware of La Porte County taxpayer concerns as a result of a public hearing at the County Complex on March 6. At that meeting, taxpayers shared their frustration with what they see as a flawed property assessment process on which 2006 property taxes were based.
The purpose of the meeting is "to discuss the accuracy, uniformity and equity of the assessment of real property ... with particular emphasis on the sales-assessment ratio study conducted by analyst Robert C. Denne."
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: Dave Apr 24 2008, 11:03 AM
I hope Wendt has a court reporter there to type up a transcript and he releases it publically. He could even post it on the web, and somehow a link to it could find its way on here ...
What? Who? Me? An agent provocateur? Nahhhh....
Posted by: ChickenCityRoller Apr 24 2008, 11:44 AM
What? Who? Me? An agent provocateur? Nahhhh....
Why not just go to the meeting and hear for yourselves? "Wendt" doesn't need to carry the burden of hiring a court reporter, he's already carried this entire case both intellectually and financially. The news papers and t.v. stations should be all over this. Sure there are a lot of people behind him yelling and hooting but talk is cheap, most of the time it's free. Lawyers are not free.
The spin that has been put on this is funny. It wasn't canceled because Wendt is out of town. He was out of town for the first meeting which took place in Indianapolis. He doesn't need to be there for the meeting. The powers that be found out that a couple hundred people were probably going to show up and that was unacceptable so they arranged to postpone the meeting which will probably be moved downstate. Anyone care to take a guess who arranged this? The idea of Wendt needing to be there to represent the tax payers who are getting (insert screw smilie here) is absurd. There have been major flaws revealed and it is what it is. Wendt is neither an elected party or self appointed leader or shot caller, just the one who funded the study to show how terribly flawed the work of Nexxus and LaPorte Co. Assessors has been.
***I just reread what the ND wrote and says that the public isn't entitled to being there so I retract what I said about "why don't you go?" I'm not sure whats really going to happen with this meeting. I guess we'll just have to sit on our hands and wait.
Posted by: ChickenCityRoller Apr 24 2008, 11:50 AM
What? Who? Me? An agent provocateur? Nahhhh....
I guess what I'm trying to say is that many people have "dogs" in this fight or a vested interest. It shouldn't be seen as Wendt VS LaPorte County. I like to think of it as good vs bad.
Posted by: Dave Apr 24 2008, 08:59 PM
I guess what I'm trying to say is that many people have "dogs" in this fight or a vested interest. It shouldn't be seen as Wendt VS LaPorte County. I like to think of it as good vs bad.
I tend to agree with you, which is why I'd like to know what goes on there. Which is why I hope some sort of record is made of the meeting, and that the record is made public.
Seeing as there is going to be no "there" -- apparently it is going to be a conference call -- I hope that it's taped, and a transcript somehow becomes public. Indiana is a "one party consent" state, according to http://www.callcorder.com/phone-recording-law-america.htm, so Wendt's attorney may be able to do it himself.
Standard legal disclaimer* applies.
*I am not your lawyer. I am not a lawyer licensed in Indiana. This is not to be considered legal advice. Anyone who relies on legal advice from an internet message board has to be several cards short of a full deck. Do not smoke during use. User should wear gloves. Close cover before striking.
Posted by: southsider2k7 Apr 28 2008, 11:01 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=12681&TM=47346.97
From Staff Reports
LA PORTE - County Auditor Teresa Shuter and County Treasurer Ken Layton announced Friday homestead rebate checks won't be mailed to residents until there is a decision by the Department of Local Government Finance on a reassessment for La Porte County.
"As most people in our community are aware, there was a public hearing held by the Department of Local Government Finance on March 6 to hear discussion on the accuracy, uniformity and the equity of the assessment of real property in La Porte County for the 2006 payable in 2007 tax year," Shuter said.
"On Wednesday, April 16, another meeting between the parties involved in the litigation was held in Indianapolis. We received notice of yet another public meeting to be held in La Porte on Thursday. The meeting was canceled."
Shuter said her office has been awaiting a decision from the DLGF for seven weeks.
She and Layton explained the rebate checks are an additional percentage of state issued homestead credit, which is calculated from the assessed value of the 2006-2007 tax year.
"The DLGF must reach a final decision on La Porte County's assessment data prior to the issuance of rebates or the county could be sending out nearly 30,000 rebate checks in error at a cost of nearly $50,000 to the people in our community," Shuter said.
A directive from the state issued Oct. 29, 2007, says, "Refunds may not be calculated based on provisional property tax bills or bills based on property assessments that have been declared invalid and subject to reassessment."
"I feel it is important to also point out that the funds received from the state for the rebate checks have been invested and the interest earned will help offset the administrative expenses to implement this project," Shuter said.
Posted by: Ang Apr 28 2008, 11:22 AM
I can understand that. I'm sure not everyone will agree, but this makes a lot of sense to me.
Posted by: ChickenCityRoller May 2 2008, 09:04 PM
May 15th, be there or be square! 
Posted by: JHeath May 2 2008, 09:20 PM
Wow...I'm speechless.
Posted by: Ang May 2 2008, 09:36 PM
Me, too. I started to get lost in all the "whereas's" but I think the bottom line is that Mr. Wendt won and they have to reassess the whole county back to 2006. Am I correct?
Posted by: ChickenCityRoller May 2 2008, 09:45 PM
It will be announced but it's going to happen. It won't go back to 2006, the county will be reassesed. The document points out many of the flaws of the assessing that's been going on in LaPorte County. There are numerous example and probably hundreds if not thousands instances of the biggest sin there is in this work and that is sales chasing. Mr. Wendt isn't winning, the people who live in or have land in LaPorte county are. When the smoke clears the property owners will have an assessment of LaPorte County that is fair and equitable across the board. No more pulling numbers from the sky assessing.
Posted by: Ang May 2 2008, 10:45 PM
What I meant by Mr. Wendt won was that he achieved his goal of reassessment. It is a good statement that the people of LaPorte Co are the winners, though.
Posted by: ChickenCityRoller May 3 2008, 08:02 AM
It's in today's ND but not online yet. I love Friedman's remark about the "waterboarding of LaPorte County needs to end." What a fool. How can proving that the county misspent well over 1 mil on a vendor that can't perform a disservice? If he has any smarts, he'd disassociate himself with Nexus real fast. He goes on to talk about the other 20 counties that Nexus has reassessed with no complaints. Ummm... I'm going to go out on a limb here and suggest that they were never tested and that all of those are incorrect. Sometimes Mr. Friedman has a hard time seeing the trees in the forest huh? Wow. THe county now needs to concentrate on recouping the 1.5 Mil or whatever the exact amount was spent on Nexus. The county also needs to get the money back that Friedman made defending this troop of clowns in court.
Posted by: Dave May 3 2008, 10:38 AM
It's in today's ND but not online yet. I love Friedman's remark about the "waterboarding of LaPorte County needs to end."
I don't think Friedman understands that the county is being tortured by some of its elected and appointed officials. I agree the torture needs to end, but that won't happen for a while, seeing as Indiana (and LaPorte County) doesn't give us the option of a recall election.
Wouldn't it be fun to get the names of those 20 counties and get in touch with 20 local equivalents of Mr. Wendt?
I think it would be simply delicious if Mr. Friedman had to bring suit as the county attorney against Nexus for breach of contract. He would certainly have to make a good effort to win as well, seeing as there would be a lot of folks looking over his shoulder during the entire process.
Posted by: Ang May 3 2008, 12:10 PM
I think it would be simply delicious if Mr. Friedman had to bring suit as the county attorney against Nexus for breach of contract. He would certainly have to make a good effort to win as well, seeing as there would be a lot of folks looking over his shoulder during the entire process.
Wouldn't that be a conflict of interest?
Posted by: Dave May 3 2008, 07:22 PM
Wouldn't that be a conflict of interest?
How so? Does he work for, or have an ownership interest, in Nexus? If he does, there's been a conflict of interest all along. If he doesn't, well, he represents the county, and it appears that the county paid Nexus a pile of money for services which appear to have been essentially worthless. Companies get sued by former clients all the time, and from what little information I have, which is pretty much what I read in the newspaper and on here, I'd think that there is a real possibility of a breach of contract suit. I can think of reasons why a suit might not be possible as well, on the other hand -- such as releases signed by county officials. I wonder if the contract with Nexus is publically available, short of a Freedom of Information Act request.
Posted by: Ang May 4 2008, 09:14 AM
I ask that because he seems to be such a huge supporter of them and their work. He's done nothing but defend Ms. McDaniel and Nexus since this whole thing began. I would think that if he were to have to represent the County against them, we (the county) wouldn't get a fair representation from Mr. Friedman since he has made such a valaint effort in the past to show his support for Nexus.
It may not be conflict of interest in the legal definitation of the term, but IMO, it would be in the "personal feelings" definition of the term.
Posted by: Dave May 4 2008, 01:53 PM
I see what you're saying. I don't know about the personal aspects of Friedman and Nexus, but he (Friedman) would have to do something difficult for any person, and virtually impossible for a politician -- after months of publically supporting the Nexus deal, he'd have to admit he was wrong. When was the last time you saw a politician get up in front of a microphone and say, "You know what, folks? When it comes to that political position I took, it was wrong. I now see it was wrong, I apologize, and now I need to fix it." The politicians will certainly get up and apologize for cheating on their wife (I'd love to see a press conference where the politician who got caught red handed cheating on his wife wanted to make a statement to the press and the long suffering spouse hauled off and clocked him in mid-sentance), or alcohol or substance abuse, or such, but never when it comes to a political stand they've taken, even if events have shown the position was wrong to begin with.
Posted by: southsider2k7 May 5 2008, 06:58 AM
It's in today's ND but not online yet. I love Friedman's remark about the "waterboarding of LaPorte County needs to end." What a fool. How can proving that the county misspent well over 1 mil on a vendor that can't perform a disservice? If he has any smarts, he'd disassociate himself with Nexus real fast. He goes on to talk about the other 20 counties that Nexus has reassessed with no complaints. Ummm... I'm going to go out on a limb here and suggest that they were never tested and that all of those are incorrect. Sometimes Mr. Friedman has a hard time seeing the trees in the forest huh? Wow. THe county now needs to concentrate on recouping the 1.5 Mil or whatever the exact amount was spent on Nexus. The county also needs to get the money back that Friedman made defending this troop of clowns in court.
He's exactly right. We need to get public officials who actually know what they are doing, instead of him supporting totally inept buffoons. Stop waterboarding the taxpayers Mr. Friedman.
Posted by: southsider2k7 May 5 2008, 07:42 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=12970
Public can speak at May 15 meeting.
Laurie Wink
The News-Dispatch
MICHIGAN CITY - All or part of La Porte County likely will be reassessed for the March 2006 effort, the Indiana Department of Local Government Finance announced Friday.
The DLGF, as required by law, will hold a public hearing at 5 p.m. May 15 in La Porte County Complex's main meeting rooms. DLGF members will hear from county officials and people who want to speak for or against the reassessment.
The May 15 meeting is the last step before Commissioner Cheryl Musgrave makes a final decision, said Mary Jane Michalak, DLGF director of communications. It is different from the first DLGF public hearing in March, which was an effort by the DLGF to gather evidence and firsthand testimony to support a final decision.
Although the DLGF says it has enough evidence to call for a reassessment, Musgrave still could decide not to order one if new evidence is presented at the public hearing, Michalak said in an e-mail.
La Porte County Attorney Shaw Friedman, representing County Assessor Carol McDaniel, said he is not prepared to let the DLGF have the final word.
"The 'waterboarding' of La Porte County must come to an end," Friedman said. "We will undertake appropriate legal petitions to the Indiana Tax Court and other courts of law to prevent Commissioner Musgrave from imposing on our taxpayers up to $2 million in unnecessary expense to reassess property for the 2006 pay 2007 time period.
As he has stated before, Friedman continues to tout the Nexus Group's record of successfully working with 20 other counties, with no reassessments.
Written comments about the reassessment may be sent ahead of the meeting to Timothy Rushenberg, general counsel, Department of Local Government Finance, Indiana Government Center North, 100 N. Senate Ave., Room N1058, Indianapolis, IN 46204.
q
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: ChickenCityRoller May 5 2008, 01:06 PM
He's exactly right. We need to get public officials who actually know what they are doing, instead of him supporting totally inept buffoons. Stop waterboarding the taxpayers Mr. Friedman.
Well said. I couldn't agree with you more. LaPorte county is sick of the waterboarding we've endured while Shaw Friedman has been the puppeteer pulling the political strings.
Posted by: southsider2k7 May 7 2008, 02:23 PM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=13119&TM=59307.6
Attorney Shaw Friedman made the most outrageous statement I have heard in a long time. He said in effect that he would fight any attempt to reassess the real estate 2006 assessments. He further stated that he would take all legal steps to prevent commissioner Musgrave from imposing on our taxpayers two million dollars in unnecessary expenses to do a reassessment.
What about the millions of dollars the taxpayers paid because of the faulty assessments? He believes it is all right to assess the taxpayer incorrectly but it wrong to use taxpayers' money to correct the county's mistakes? Apparently he didn't have his taxes go up over 200 percent in two years. I am glad he is such a strong defender of the taxpayers. Maybe he shouldn't accept any fees for his noble work.
Richard J. Flando
Long Beach
Posted by: JHeath May 7 2008, 02:42 PM
Talk about hitting the nail on the head.
Posted by: Roger Kaputnik May 8 2008, 07:53 AM
The only thing that really makes sense is to fix the appeal process and allow those who feel the assessment is not correct to get it redone. There is no need to redo the whole county--admit it!--so let those with kvetches get them addressed in a timely manner.
Posted by: southsider2k7 May 8 2008, 09:07 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=13182
Any reassessment will impact entire county, officials say.
Laurie Wink
The News-Dispatch
LA PORTE - County officials are huddling to discuss the implications of a 2006 property reassessment likely to be ordered by the Indiana Department of Local Government Finance.
The DLGF decision won't be made until after a May 15 public hearing, to be held at 5 p.m. in the main meeting rooms of the La Porte County Complex.
County Assessor Carol McDaniel, County Auditor Teresa Shuter and County Treasurer Ken Layton met Monday to discuss preparations for a reassessment process encompassing portions of or the entire county.
Layton told The News-Dispatch the impact will be the same, whether a partial or full reassessment is required.
"Let's say, hypothetically, they tell us we have to reassess Prairie Township," Layton said. "That will change all of the county's tax rates and every single tax bill."
Whether or not county officials want a reassessment, if the DLGF orders one, "it's a done deal," Shuter said.
Not according to La Porte County Attorney Shaw Friedman.
He said Wednesday he filed a petition with the Indiana Tax Court to fight any reassessment order. Friedman claims county taxpayers are "the losers" in a reassessment because it would delay issuing 2006 homestead rebate checks and further delay this year's tax bills.
"We will undertake all reasonable and necessary steps to prevent the state from imposing a costly reassessment on La Porte County taxpayers," Friedman said. "We urge taxpayers to let the DLGF know that they don't want a reassessment. They want their tax rebate checks instead."
According to Shuter, homestead rebates can't be issued until the 2006 property tax issue is settled, but provisional 2007 tax bills can go out. Shuter said assessment data for 2007 tax bills, payable this year, is ready to be rolled from the assessor's office to her office.
The county plans to issue provisional property tax bills in July for half the total amount due. Shuter said the DLGF ruled provisional 2007 property tax bills can be based on 2006 taxes, even though they are being reassessed. The bills are due 30 days from the date issued.
Layton said the second 2007 tax bill is supposed to be issued in November, but he doesn't think that date is realistic given a reassessment. The second tax bill will have to be reconciled with any new values determined during a reassessment.
This year, Layton said, county taxpayers could receive the two tax bills for 2007 plus a new tax bill for 2006, a homestead credit for 2006, and either a refund or tax bill for the reconciled November tax statement - all within 2008.
"It's an accounting nightmare," Layton said. "There are major ramifications for this thing."
Friedman has said a reassessment could cost to $2 million the county doesn't have. But Layton and Shuter both noted they have no idea what a reassessment will cost.
The county has about $2 million in a reassessment fund and a $10 million emergency reserve fund, originally set up by Layton in 2000-01 to cover unexpected developments. The fund has been used twice since then, to cover late tax payments in 2003 and 2007 rather than borrowing money and paying interest.
Shuter said the DLGF will prohibit the Nexus Group from further involvement, requiring the county to hire an outside firm.
Layton said he won't be speaking at the DLGF meeting next week because he will be on a long-planned vacation. But he is ready to get on with whatever is required.
"Nobody wants to see a reassessment, but if things are wrong, let's get it fixed," Layton said.
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: Ang May 8 2008, 09:21 AM
Well, I guess if Carol McDaniel had done her job in the first place instead of passing the buck and buying coffee, none of this would have happened in the first place.
What I want to know is what is Shaw Freidman trying to hide?
Posted by: ChickenCityRoller May 8 2008, 11:01 AM
Wrong. You obviously haven't had to appeal anything and or followed this story very closely. The only way to fix this ENTIRE mess is to do an ENTIRE reassessment, admit it! The numbers have been crunched and the numbers don't lie. Do you think the DLGF makes thier decisions on an emotional level or something? NO! They reviewed the evidence, did thier own investigation and have found things to be terribly flawed. Read the post I made a couple days ago or better yet go to the DLGF website and read where the DLGF SLAMS Nexus and LaPorte county on a multitude of IAAO standards which are supposed to be followed. It's a gigantic mess we need to reassess. Hey, I like that, " REASSESS THIS MESS!" Ha! We also need to get the money back from Nexus that we wasted on them and the money that the county wasted on Shaw Friedman defending these bafoons.
Posted by: Irish Lion May 8 2008, 12:45 PM
Well, I guess if Carol McDaniel had done her job in the first place instead of passing the buck and buying coffee, none of this would have happened in the first place.
What I want to know is what is Shaw Freidman trying to hide?
That's exactly it.
Posted by: Ang May 8 2008, 01:59 PM
I'm sorry Rog, but I have to agree with CCR on this one. Not only are there properties grossly over assessed, but there are properties grossly UNDER assessed (go look at the tree house in the Carol McDaniel fine job thread, or check out the Chez Shaw thread).
Those people do not want reassessment because they will have to pay more instead of less. So, to be fair, the entire county should be reassessed.
Posted by: southsider2k7 May 9 2008, 11:05 AM
http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=13202&TM=47637.27
As an elected official of more than 30 years, I must say I smell raw politics with Mitch Daniels' Department of Local Government Finance (DLGF) and their threat to reassess La Porte County's 2006 pay 2007 tax values.
I find it interesting that the four or five counties in the state that Cheryl Musgrave, head of the DLGF, has jerked around the most are the ones that voted heavily against Mitch Daniels in 2004.
The DLGF has sought to excuse its own mistakes by blaming local officials. Well, that dog won't hunt. Tax rebate checks are an example. As long as reassessment is a possibility, rebate checks can't be sent. Taxpayers should write the governor and the DLGF or come out to the hearing on May 15 at the county complex and tell them "no reassessment - we want our rebate checks."
There is no justification for the DLGF flip-flopping when Musgrave wrote the county back in September telling La Porte County its assessments were approved even as she ordered reassessments in 21 other counties. Now eight months later, she reverses herself and wants reassessment? Stop jerking La Porte County around because of raw politics.
Stan Hynek, trustee
Wills Township
Rolling Prairie
Posted by: Roger Kaputnik May 9 2008, 11:46 AM
This is the 2005 or 2006 assessment, isn't it? How are they going to assess the value in 2005 or 2006? Pretend they can understand value back in time? If you know your tax and your tax rate, you can figure out your assessed value. F'rinstance, the guy on LSD at Stop 18 had a little sign complaining about (estimate here) $6000 tax bill. Divide $6000 by presumed tax rate of 2.7%, add the $45,000 homestead exemption, and the assessed value is under $270 grand. Is the sign-displaying homeowner complaining about the value of his lakefront property in Long Beach being too high at $270,000? What would he put on a blance sheet?
I do agree that UNDERassessment has been a problem, but the shift to market-based valuation should correct for this; the problem really has been that the change was too dramatic, and frankly, I suspect the loudest gripers have been the longest underassessed--maybe they should be billed for the underpaid taxes first before putting the whole county through more of this.
Posted by: ChickenCityRoller May 9 2008, 02:33 PM
Posted by: southsider2k7 May 12 2008, 09:06 AM
http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=13251&TM=40378.27
State Rep. Scott Pelath enters fray with local officials complaining about governor’s DLGF appointee.
Laurie Wink
The News-Dispatch
LA PORTE - The fight between county officials and the Indiana Department of Local Government Finance over property assessment has escalated into a war of words spreading to Gov. Mitch Daniels' office.
The underlying issues have been fueled by apparent increasing animosity between DLGF Commissioner Cheryl Musgrave and La Porte County officials.
The relationship prompted State Rep. Scott Pelath, D-Michigan City, to send Daniels a letter Wednesday asking him to investigate DLGF performance under Musgrave's leadership. In the letter, Pelath said "In my estimation, the DLGF does not make situations better; it frequently makes them worse."
The governor appointed Musgrave to head the agency last year. Since then, Pelath wrote, other counties besides La Porte County have had problems. County Attorney County Attorney Shaw Friedman distributed Pelath's letter at a Friday meeting of the La Porte Chamber of Commerce Legislative Affairs Committee.
The latest skirmish in La Porte County is over the Homestead rebate checks authorized by the General Assembly but not yet issued to county property taxpayers. In a The News-Dispatch article on May 3, Friedman urged county residents to show up at the scheduled DLGF hearing on May 15 to demand their rebate checks.
On Friday, The News-Dispatch received an e-mail from Mary Jane Michalak, DLGF director of communication, putting the blame for the delayed rebate checks on the county. The e-mail referred to the "county failure to issue this relief as ordered by the legislature."
The DLGF acknowledges sending a memo Oct. 29, 2007, to County Auditor Teresa Shuter stating counties ordered to conduct a reassessment couldn't issue refunds until the reassessment was complete.
But Friday's message from Michalak said that memo was "the first in a series of documents regarding the rebate process in La Porte County."
It goes on the cite state law requiring the county auditor to issue rebate checks within 60 days of the tax bill due date. Michalak, on behalf of the DLGF wrote, "La Porte Pay 2007 property tax bills had a due date of Jan. 11, 2008 ... the county should have returned all unused Homestead Refund dollars to the state by March 11, 2008."
Shuter told The News-Dispatch she is not about to issue 30,000 rebate checks, at a cost of $50,000, that could be incorrect because 2006 tax assessments are under review by the DLGF.
"Common sense dictates you can't send out 30,000 checks that are wrong," Shuter said. She said she has been in touch with the state auditor's office and "nobody has asked for the money."
Shuter says the General Assembly is responsible for some of the confusion over rebate checks.
"The legislators, in their infinite wisdom, put absolutely no statute in place dealing with when to get the funds to taxpayers, but they did put one on when to get the money back to the state," she said.
According to Shuter, the rebate checks could have gone out sooner if the DLGF hadn't been keeping the county in limbo for six months while waiting for a decision about a reassessment for 2006.
During that process, the relationship between the county and DLGF has deteriorated.
"The treatment of county officials by the DLGF is absolutely deplorable," Shuter said. She referred to a phone conference between the county and the DLGF held last week.
"She (Musgrave) literally yelled at us about the rebate checks and hung up on us," Shuter said. "She has a very condescending, dictatorial personality that is a direct reflection on the governor."
In the 16 years Shuter has worked in the auditor's office, she said the county and the DLGF have worked cooperatively together but that is no longer the case.
"We're supposed to be working hand-in-hand to benefit the taxpayers," Shuter said.
Pelath made that point quite clear in his letter to Daniels.
"Perhaps the most frustrating thing for me, personally, is that neither the Commissioner nor the DLGF seem to acknowledge any fallibility at all," he said. "After several formal inquiries, I find their answers to be wanting, and they frequently appear to wash their hands of issues over which they clearly have influence."
Contact Laurie Wink at lwink@thenewsdispatch.com.
Posted by: Roger Kaputnik May 12 2008, 11:44 AM
Hey, Administrator, could you post Scott Pelath's letter here?
Posted by: southsider2k7 May 12 2008, 11:47 AM
Hey, Administrator, could you post Scott Pelath's letter here?
Is there a copy of it around? I'll post it if someone can send me the link or copy of it.
Posted by: Roger Kaputnik May 12 2008, 12:04 PM
Later I can try his office and maybe it will be linked on WIMS.
Rep. Pelath
http://www.in.gov/legislative/house_democrats/pelath_index.html
Posted by: lovethiscity May 12 2008, 06:50 PM
Shuter told The News-Dispatch she is not about to issue 30,000 rebate checks, at a cost of $50,000, that could be incorrect because 2006 tax assessments are under review by the DLGF.
I am willing to save the county $20,000 by hand delivering all the checks for only $30,000! I may even apply for office space at the entrepreneur Center. This way I can get rich finding common sense ways of saving you guys a buck or two.
Posted by: ChickenCityRoller May 12 2008, 07:31 PM
So who's going on the 15th besides me?
Posted by: JHeath May 12 2008, 07:47 PM
So who's going on the 15th besides me?
I'm going to try. If nothing else comes up, I'll be there.
Posted by: ChickenCityRoller May 12 2008, 07:49 PM
Good! I'll be the one with the waterboarding effigy out front. See ya there!
Posted by: JHeath May 12 2008, 07:50 PM
...waterboarding effigy...
Posted by: Roger Kaputnik May 13 2008, 08:20 AM
I will be the one with a chalkboard and a formula and a few questions.
Posted by: ChickenCityRoller May 13 2008, 08:52 AM
What's the formula for sales chasing?
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