Wednesday, January 25, 2006

Why are Ganther's taxes on the 100 block of North Main still not paid?

Since the State of Wisconsin a few weeks ago released its list of taxpayers who have not paid their fair share to the state, there has been a lot of talk about these unpaid taxes and the ultimate burden these debts place on the rest of us taxpayers. Many of those "taxUNpayers" live right here in Oshkosh, but wherever they live, the “crime” they are committing is shameful, to be sure.

But there is another issue of unpaid taxes that affects us even more directly, I believe: the people living in our community and benefiting from the services this city offers, yet who are not paying their taxes to the City of Oshkosh. While there are many, I'm sure, one sticks out like a sore thumb: Ben Ganther and the taxes he and/or his corporation owe on the infamous 100 block of North Main Street.

It was about this time last year – during the campaign for the Oshkosh Common Council – that it was first made public that Mr. Ganther had not paid all of the taxes owed on this property (which by the way, is sitting in a tax-incremental financing or TIF district). Ironically enough, during that campaign – on March 16, 2005 – the city received a $38,637.41 payment toward the total tax bill of $157,640.58, perhaps to quell the negative reaction and subsequent commentary about it. But according to the city's web site and again here, as of this evening, that was the FIRST, LAST and ONLY payment made for the 2004 tax year and nothing has been paid on the property’s 2005 tax bill – which totals $144,676.22. Between the two years there in an unpaid balance of $263,679.39. This amount equals a large chunk toward the money the city council needed to avoid instituting the garbage fee they just did a couple months ago in order to balance the 2006 budget. Why are the taxes on the 100 block of North Main Street unpaid and what is the city doing about it?

As I said, this property is in a TIF district. We keep hearing about the advantages of a TIF and how we benefit from taxes on the improved property, how this adds to the tax base, etc. Sure, it will benefit us years down the road and IF the property owner pays their taxes. But creating a TIF does little to no good if the owner stiffs the city. Perhaps we should call them IF districts instead of TIF districts.

I understand someone might make the argument that the taxes paid on property in a TIF district would not go toward essential or core services anyway, but rather only to pay off the TIF. Okay, fine, but when taxes go unpaid, as is the case with Ganther’s property, that’s not happening either. And the bottom line is, it’s all relative because the money – no matter which pocket it’s in or what shell it’s under (as in the old shell game so many people in government and politics like to pay), it all comes from taxpayers – those of us who actually pay our taxes, that is.

A city council person told me that city manager Dick Wollangk told him that the city does not pursue unpaid taxes – but rather the county pays the city for unpaid taxes and then it is up to the county to seek payment from the debtor. That makes no sense to me. I can see that the county might pay the city for that portion of the tax bill which represents county services, but it does not seem plausible that the county would pay the city for the entire tax bill, especially when the city portion represents city services. Such an arrangement defies logic and would be both ridiculous and a horrible co-mingling of funds. Talk about a bookkeeping nightmare. And let’s face it: the county does not have money to be paying people’s entire unpaid tax bills, either. I am going to look further into this and will let you know what I find, but if this turns out to be accurate then we need to find out what the county is doing to pursue these debtors also.

The other reason why this doesn’t seem to make much sense to me is if we got our money from the county, why does the tax bill on the city’s web site still show as being outstanding and unpaid? If the county had paid it, I would think it would show a zero balance on the city’s web site. Something is not right with this picture.

We keep hearing about money crunches and budgets being squeezed by Madison. That is certainly true, but we need to step up our efforts to collect on these debts, especially from people like Ben Ganther, who can afford to pay their taxes.

Besides asking what we are doing to get our money and why we allow this kind of debt to languish, this situation begs two other questions:
(1) Why do we continue to do business with developers who are not paying their taxes? It seems like the more prudent thing to do would be to give contracts to and do business with those who keep their promises and pay their bills so the rest of us don’t have to pick up the slack.
(2) Can a business that is delinquent in paying its property taxes still hold a liquor license, as is the case with Ben Ganther’s business in the 100 block?

In summary, this city, state and possibly the county, need to become more aggressive in pursuing unpaid taxes by property owners. When someone doesn’t pay, that’s more that the rest of us have to come up with – in one place or another.

- Cheryl Hentz

P.S. Tony Palmeri has "connected the dots" on this story and his commentary
can be found here under 100 Block: Tax Deadbeat Timeline.

The following comments are owned by whomever posted them. This site is not responsible for what they say.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: DBCooper on Wednesday, January 25 2006 @ 09:18 PM MST
The city has an ordnance that seems to cover the issue of licenses versus unpaid taxes. It's pretty clearly written.

I suppose the next argument will be that the liquor license really isn't something issued by the city but rather authorized under state statute and the paperwork is just handled by the city, or something of equal bovine scatology...

SECTION 18-3 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES.

(A) Unless otherwise specifically provided within this municipal code, licenses and permits shall not be issued:
1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid.
2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Wednesday, January 25 2006 @ 09:25 PM MST
If this is the case our city needs to answer why they issued a license to this man in the first place and why they are not yanking it in the second place. Ganther is getting away with highway robbery here and making a laughing stock out of every single one of us. Pull the license right now. Enough is enough.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Thursday, January 26 2006 @ 09:30 AM MST
Thank you Cheryl for bringing us up to date on this. It's outrageous the way this city lets certain people get away with things. Maybe we should start picketing in front of the luxury apartment at 100 North Main. In front of city hall too.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Thursday, January 26 2006 @ 10:01 AM MST
How about also picketing out in front of Ganther Construction on County Road A? This man's unpaid taxes should be exposed in every place possible.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Thursday, January 26 2006 @ 11:03 AM MST
It is time our city council members make a push for this to get resolved...I have read what Mr. Palmeri wrote along with Ms. Hentz's material...I think the dots have been connected pretty well but someone at city hall is giving this developer a free pass...Since the council oversees everyone they need to order our city manager to get his people on this and collect what is rightfully ours...First the city let Park Plaza skate with unpaid taxes and now Ganther and his partners get to rip us off by not paying their taxes...Notice how it's all down in that one area of Main Street too?...If this doesn't send up even more red flags about developers who are given TIF districts and other public money with nothing more than promises I don't know what would.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Thursday, January 26 2006 @ 02:48 PM MST
That's a big concern with TIF's. True, the increased tax base sure does pay for the TIF (and more) over time...IF THE TAXES ARE ACTUALLY PAID. A question I've had and has never been answered is, Can a city get some sort of security for the TIF money that they've spent? Or is this TIF money just an investment with the HOPE of increased tax revenues down the road?

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Mike on Thursday, January 26 2006 @ 07:40 PM MST
While the developer and others have spoke about how successful this project is (by indicating how many apartments are rented and now some retail space) the taxpayers are realizing no return in our investment. I hope our leaders take this to heart and assure the city and its citizens are fully protected in the Five Rivers and any further ventures. Makes you wonder if this is just a case of poor planning by the developer as to the ability to fund this project or just a lack of caring. The council has accepted his word on this liquor license for long enough its time to show he is serious about his investment in Oshkosh.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: admin on Thursday, January 26 2006 @ 01:33 PM MST
It was brought to my attention earlier today that Ben Ganther does not actually have a liquor license right now. The city is apparently holding it for him. But they do not have to issue it to him while his taxes are still delinquent. I personally do not believe it should be issued until the taxes are paid and the city ordinance seems to mandate that the license NOT be issued because of his tax delinquency. Let's hope the city council does the right thing here, especially if the law prohibits him from getting a license.

I wonder if Cranky Pat's Pizza is aware of the outstanding taxes and the potential problem with their being able to have a liquor license because of it. If they're not aware of the problem, why doesn't Ben Ganther offer full disclosure to them? That would be the honorable thing to do. But the most honorable thing to do would be for Ganther to pay the taxes his company owes on this property, plus interest and penalties, and save a lot of hassle for everyone involved; then issue a public apology to every hardworking taxpayer and citizen in this community.

- Cheryl Hentz

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: admin on Thursday, January 26 2006 @ 03:18 PM MST
I spoke with the city clerk's office this afternoon. According to them, while a liquor license is being held for Mr. Ganther for the Cranky Pat's establishment going in at 100 N. Main St., it has not been issued. And it cannot be issued until the taxes are paid.

Mr. Ganther will be coming before the Common Council on Feb. 14, along with others for whom licenses are being held. They must state their intent to the council. I was informed by the clerk's office that even if Mr. Ganther says he is assigning his license to someone else - such as Jason from the New Moon Cafe, who is reportedly going to run Cranky Pat's - the taxes still must be paid before the license can actually be issued.

As to the other council member comment about the county paying unpaid taxes to the city, in speaking with the city finance department today, the city attempts to collect taxes until July of the year in which the taxes are owed. After that they are indeed turned over to the county which pays the city and then attempts to collect from the tax debtor. It still shows up on the city's web site, however, as unpaid taxes.

That begs the question of where the county gets all this money from? It's not like Winnebago County is flush with cash either. Something is horribly wrong with this picture, but the bottom line is this: When people do not pay their taxes they are still "stealing" from all of us - whether it be from a city pocket, county pocket or state pocket. "Tax bill deadbeats" need to be pursued, and they need to pay up and we should not do business with them until they do.

- Cheryl Hentz

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Thursday, January 26 2006 @ 04:05 PM MST
Cheryl,

Good question as to where the cty gets the money. It would also be interesting to see if there are additional individuals/businesses that owe the county large sums.

Maybe instead of a sales tax and cuts to county service programs, we could just have accountability.

Please continue to keep those of us without TVs informed as to what transpires at the council meeting. But aside from Paul, it is likely that the council will say something like, "this is bad, but see all of the good... we can excuse this for Mr Ganther".

Maybe it would be better to question Mr Ganther on Eye on Oshkosh (which again you would have to write about because of the no TV). Maybe half the show could be with him, and the second half could be of a family currently on the county housing assistance waiting list - just for perspective.

Justin Mitchell

County as collection agent
Authored by: Mark L. Harris on Friday, January 27 2006 @ 06:53 AM MST
The County is the collection agent for all delinquent local taxes. The other taxing authorities are paid in full. The County then tries to collect the taxes together with interest of 1% per month. The County can start the foreclosure process 2 years after the September 1st. of the year in which the past due taxes are purchased. Property taxes have a priority lien so they must be paid in full before a property can be sold. The County earned roughly $800,000 collecting past due taxes in 2005 according to the treasurer's office. Note that past due utilities and other fees are not treated in the exact same fashion.

County as collection agent
Authored by: admin on Friday, January 27 2006 @ 07:18 AM MST
Mark, thank you for this explanation. It is similar to what I also learned in speaking with the city's finance department yesterday and from councilwoman Meredith Scheuermann last night after she spoke with Richard Wollangk, though you provided even greater detail.

But can you please explain why the county does this? It does seem like a confusing way of doing things and for the life of me I cannot figure out why the county would take care of city taxes? Is this done because of statutory requirements or because of some other reason? If not because of statutory requirement, isn't it a little silly for the county - which is not flush with cash either - to be coming to the rescue of the city and other taxing entities?

Finally, with specific respect to the 100 N. Main St. parcel owned by Ben Ganther and his partners, what has the county collected on the 2004 property tax bill? And would you please confirm whether the city has, in fact, received all of its money owed on this bill?

Since filing suit against someone for failure to pay their tax bill seems to be out of the question and there are other mechanisms in place to attempt collecting money, I would at least ask of the county what I have asked of the city, and that is that the county refrain from doing business with Ganther Construction or any other contractor with outstanding tax bills on any projects where public money is used until such time as any and all outstanding tax bills are satisfied in full. This is a fair and reasonable request and one which is clearly in the public's best interest. If the public-private partnership gravy train stops, it will perhaps encourage prompt payment of taxes by such contractors. Tax bill dead beats should not be rewarded with public contracts and payment with public money. That is an insult to the public paying the bills on these projects.

Thanks again for your comments and explanation. They are appreciated.

- Cheryl Hentz

County as collection agent
Authored by: Mike Norton on Sunday, January 29 2006 @ 12:12 AM MST
Dear Cheryl:
I have emailed the County Treasurer about this matter, I have not heard back from her- but i plan on going to her office to get answers to your questions.

County as collection agent
Authored by: admin on Sunday, January 29 2006 @ 12:34 PM MST
Thank you, Mike. I look forward to hearing what you find out, as I'm sure we all do. Thanks again!

- Cheryl

County as collection agent
Authored by: Mike Norton on Monday, January 30 2006 @ 03:17 PM MST
I fond out from the County Treasurer that Ben Ganther did pay half of what he owed in back taxes on January 16.

He has until September 1 , 2007 to pay off the taxes he owes from the year 2005.

By state statue the county is the collection agency to for all delinquent taxes that are owed. This occurs every year on August 1. One day after the property tax bill for the previous year is to be paid.

The county acquires the delinquent taxes from the all government entities with the county. As stated before this occurs between August 1 and September 1 and the person who owes the taxes has two years to pay off the tax balance. If after two years the balance is not paid off then the county foreclose on the property.

This procedure is the same for any delinquent taxpayer within Winnebago County or in the state of Wisconsin for that matter.

If one goes to city of Oshkosh website you will get this message when look up the 100 N Main Street address :

For payments made after July 31 ST and prior year tax information, check with the Winnebago County Treasurer’s office at (920) 236-4777
-----------------------------------------------------

Which should lead one to call the Treasurer's office. So bottom line is Ben Ganther still owes about $60,000 and by state statue he like any other property owner who falls into the delinquent taxpayer category have two years after the county purchases the delinquent tax balance from the city.


County as collection agent
Authored by: Anonymous on Monday, January 30 2006 @ 03:25 PM MST
Thanks for the information Mike. Moral to the story is Ben Ganther is still delinquent in his taxes which makes him a tax bill dead beat. There is no other way to look at it.

County as collection agent
Authored by: admin on Monday, January 30 2006 @ 04:23 PM MST
Mike, thank you for your follow-through on this. It is appreciated and informative.

- Cheryl

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Thursday, January 26 2006 @ 04:56 PM MST
Here is this section of the city ordinance in its entirety.


SECTION 18-3 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES. (A) Unless otherwise specifically provided within this municipal code, licenses and permits shall not be issued: 1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid. 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made.

Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non-issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: DBCooper on Thursday, January 26 2006 @ 05:42 PM MST
Where can I find full copies of the city ordinances like this? (rubbing hands together) oooh, I'm going to have some fun with these!

URL please? Thanks!

DBCooper

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Thursday, January 26 2006 @ 06:16 PM MST
They are all on the city's web site under the ordinance section.

MORE TAX BILL DEADBEATS
Authored by: admin on Wednesday, February 01 2006 @ 12:55 PM MST
Today we learned from the Oshkosh Northwestern that two liquor licenses are apparently held by businesses on which the properties have delinquent taxes: Two Brothers Restaurant and Howard Johnsons Motel.

I don't know off-hand whether the proprietors of these businesses actually own the property or simply lease them from someone else, but as with any person or business who fails to pay their taxes, this is disgraceful. It seems that in keeping with the city ordinance, our city council should take the appropriate action to pull the liquor licenses for these two properties at the earliest possible date. Again, even if the property is leased, the way it was explained to me by city staff and the way the ordinance seems to read, a license cannot be issued to a person or property which is delinquent on their taxes. While that may seem unfair to a business which only leases the property and has no control over the payment of said taxes, the ordinance doesn't seem to distinguish between the two.

But in the case of a leased property, if a liquor license were revoked by the city council, it would seem to make sense that the lessee, if they held the liquor license, might be able to go after the landlord and property owner if they can show a loss as a result of that license being taken away. I would think that for anyone in that position, it would certainly be worth looking into.

The bottom line here is: Property owners must be responsible enough to pay their taxes when they are due. Local governments can afford nothing less, especially in these times of tighter than ever budgets.

- Cheryl Hentz

MORE TAX BILL DEADBEATS
Authored by: DBCooper on Wednesday, February 01 2006 @ 09:44 PM MST
Something smells bad here...

Review the pdf file for the Hwy 21 interchange project:

http://www.dot.wisconsin.gov/projects/us41expansion/ints.htm

This is the map showing the plans for re-doing the 21 interchange. As far as I know, this is scheduled to start in 2009, and has had the money approved already?

Two Brothers Restaurant and Howard Johnsons Motel are shown in pink letters. According to the legend on the photograph, that means "possible displacement".

There was a presentation on OCAT several years ago by a representative from the DOT. I seem to recall that he said with absolute certainty that Two Brothers, Howard Johnsons, Annies, and the Baymont motel would be razed to make way for the improvements to 41 and 21. I also seem to remember that this project was supposed to start in 2007, but because of "no money" at the state level it has been pushed back to 2009.

Does anybody know what happened to the former Annies Cafe across the street? Are the taxes being paid on it? Did they possibly get some kind of a buyout offer from the state early on, and the owners took the money and ran? Or did they just go out of business the old fashioned way, because of no business?

If you owned one of these properties in question, and you knew it was going to be razed in a few years, and you'd get money from the state as a result, would you pay the taxes on your property? Is this maybe what's happening here? It would be funny if it wasn't so sick!

MORE TAX BILL DEADBEATS
Authored by: Anonymous on Sunday, February 05 2006 @ 08:17 AM MST
A few thoughts....

The valuation on properties that are planned to be razed in the near future is low. Would you start a new restaurant in that building knowing it will be closed in 2-3 years?

If these properties will be demolished, their will likely be little if any maintainence done for the time til demolition, this is the cost of progress. Blight before beauty.

Maybe the HoJo owners are arguing for lower taxes due to the decreased valuation ?

MORE TAX BILL DEADBEATS
Authored by: admin on Sunday, February 05 2006 @ 08:32 AM MST
You make a good point and I suppose there is some possibity of this, but we could all use that same excuse to one degree or another if anything was being done by our property that we believed might devalue it.

For example, the people near the proposed fishing pier could make that same argument. Should they then not have to pay their taxes? If this is the argument the owners of Howard Johnson's are using, it is weak at best. The taxes are based on today's valuation, not tomorrow's, and if they disagree there is a legal appeals process in place before the city's Board of Review. There should be no special treatment given them outside of the processes prescribed under the law.

- Cheryl

MORE TAX BILL DEADBEATS
Authored by: Anonymous on Sunday, February 05 2006 @ 02:14 PM MST
If they closed the joint would they get a lower assessment from the city?

MORE TAX BILL DEADBEATS
Authored by: Anonymous on Monday, February 06 2006 @ 05:58 AM MST
Doubtful. The land and property would still have their value. Besides, if they closed the place it would be of their own choosing and why should they pay less taxes because of a business decision they made? Closing the business would affect the selling price in the future. But no one will buy it when the DOT plans to put a wider road through there. Plus they will be compensated generously for their property. They still have to pay what the city says they owe and the time to dispute the amount of taxes is long gone. They didn't follow procedures. Too bad. So sad. Take their liquor license away and let them fumble along without it.

AN OPEN LETTER TO MAYOR WILLIAM CASTLE AND THE MEMBERS OF THE OSHKOSH COMMON COUNCIL
Authored by: admin on Thursday, January 26 2006 @ 03:01 PM MST
Just before 4 p.m. this afternoon I faxed this letter over to City Hall and requested that it be distributed in tomorrow's packet going out to City Council members.


January 26, 2006

Open Letter to the Mayor William Castle and the Members of the Oshkosh Common Council:

I think we all agree taxes should be paid, whether we like them or agree with them or not. Also, some of you have been outspoken about pursuing those who owe the State of Wisconsin money in unpaid income taxes. I hope that you will also agree that here in Oshkosh we should be just as vigilant and aggressive in collecting unpaid property taxes.

As you may be aware, Ben Ganther and his partners in the 100 block of North Main Street are still more than $100,000 delinquent in paying their 2004 property taxes, despite previous promises to the city and in the media to have the debt paid in full by September of 2005. Clearly, that has not happened, according to the city’s own web site. There also has not been anything paid on the 2005 property taxes for this parcel, just as an aside note.

I don’t need to remind any of you that this property is in a TIF district, so when the taxes don’t get paid, it would make sense to say that we are not getting the TIF paid off either. But whatever the various nuances and mechanics of this are, the simple fact remains that this is a man who is given a lot of business from the city and, many of us believe, a lot of preferential treatment. I want to see that the taxes this city is owed are collected. Therefore I am asking the following of you individually and collectively as a Common Council, representing this community and her people at large:

I would implore you and your fellow council members to (1) see that this delinquency is resolved immediately or instruct the city to file suit against Ben Ganther and his partners in this project for the full outstanding debt they owe, plus interest and penalties and legal costs; (2) to adhere to the city ordinance and not issue a liquor license for this property until the past due taxes are paid in full; and finally (3) to bring an immediate halt to the City of Oshkosh doing business with Ganther Construction on projects where any public funds are involved, until such time as his taxes are current. Frankly, I think that is a policy that should be established and maintained, no matter who the contractor is.

This situation is an insult and an outrage and, I believe, that to not honor the above requests would be to thumb the “city council nose” at every decent and hardworking taxpayer in this community. I am asking you to do the right thing. Thank you!

Cheryl Hentz

AN OPEN LETTER TO MAYOR WILLIAM CASTLE AND THE MEMBERS OF THE OSHKOSH COMMON COUNCIL
Authored by: L Schaffer on Thursday, January 26 2006 @ 09:51 PM MST
Cheryl, don't hold your breath, I feel that most members on our present city council will not do anything but slap the hands of Ben G. and give him more time to pay up. This city council and present city admin. does not have the back bone to act against a business that owes money to this city, they did nothing about collecting money from Park Plaza. The only thing this city council does and does well is not act.

AN OPEN LETTER TO MAYOR WILLIAM CASTLE AND THE MEMBERS OF THE OSHKOSH COMMON COUNCIL
Authored by: Anonymous on Friday, January 27 2006 @ 07:34 AM MST
Do we even know what powers the city council has in this matter?

AN OPEN LETTER TO MAYOR WILLIAM CASTLE AND THE MEMBERS OF THE OSHKOSH COMMON COUNCIL
Authored by: Anonymous on Friday, January 27 2006 @ 03:38 PM MST
The city council is Richard Wollangk's boss. They ahve the power to direct him or other staff to do anything the law allows. Wollangk may not like hearing that because he likes the council to stay out staffing issues but as the city hierarchy is set up that is the case like it or not. As far as a liquor license it seems like the city ordinance speaks for itself.

HENTZ RESPONSE TO EVERYDAY EDITOR ONLINE COLUMN
Authored by: admin on Friday, January 27 2006 @ 10:19 PM MST
In his Everyday Editor online column Stew Rieckman, executive editor of the Oshkosh Northwestern today both complimented and criticized me for my editorial and information piece on Ben Ganther’s delinquent taxes for his property at 100 N. Main St. While I appreciate the compliments he extended to me, I must address some of the other points he made.

First, as to the Northwestern claim that Ganther made a tax payment last week, though he still owes $66,641 on his 2004 taxes. I spoke with City Hall personnel as late as 4:15 p.m. on Thursday and was told nothing about another tax payment. However, there might be a good reason for that. If the payment by Ganther was indeed paid, it may have been paid to the county finance department, since the county became the collection agent for this delinquency after July of 2005.

Second, managing editor of the Northwestern, Jim Fitzhenry, has apparently referred to the reaction on the Web as high-tech lynching. Mr. Fitzhenry can call it what he wants, but unpaid and delinquent taxes are just that. Fitzhenry’s attempts to minimize this and deflect from the root of the problem do not change the fact that Ganther has not paid his 2004 taxes. There would be no “high-tech lynching” or any other discussion of this issue had Ganther paid his taxes when they were due. And the Northwestern’s translation that he has two years to pay his taxes seems to be another attempt to confuse the issue – and public.

Sure, Ganther technically has two years to pay the taxes – two years before the county decides to sell off his property, that is. Though any reasonable person would pay the taxes before it got to that point, I’m sure, provided they could. But the tax bill for 2004 was due in 2005 and was not paid despite Ganther’s own public promises to pay and get this bill current. Is it any wonder citizen journalists didn’t contact Mr. Ganther for a comment? I doubt seriously he would feel it necessary to answer questions of just anyone who called. He has shown that he has not kept his word. His promises last spring were apparently nothing more than lip-service paid in the middle of a spirited campaign for city council.

I can also say that I went directly to the city for information on this and that is exactly the kind of fact-finding a journalist should do. It was not until after the news was first posted that additional information was confirmed about the county being a collection agent for delinquent taxes. Those comments are all on the web site for people to see, including an explanation from Winnebago County Executive Mark Harris. Ordinarily I like comments from all sides, and while comments from Mr. Ganther would certainly make for a juicier-reading story, in this case I see it as being tantamount to giving him an opportunity to put his own spin on a situation that is nothing short of disgraceful.

I also wish to point out that nowhere did I say his 2005 taxes were in arrears or delinquent. I simply said, as an aside, that he had paid nothing on them yet, unlike so many taxpayers in this community and their own tax bills. But his 2004 taxes were and are delinquent, period.

As to Rieckman’s “Sour Grapes Alert,” he could not be more wrong. In the first place, I do not feel slighted that I was not on Mr. Ganther’s list for receiving a campaign contribution. I personally believe that when certain people give campaign contributions they do so with some expectation of favors being extended down the road. That is NOT how I do choose to do business. And whether I was an unsuccessful candidate in the 2005 campaign for city council or not has absolutely nothing to do with my pursuit of this matter now. It is and was a non-issue with respect to Ganther’s delinquent taxes.

Besides, Mr. Ganther held his $100-a-person fundraiser on Jan. 25, and even without his support or that of those in his inner circle, I was in a group of 6 out of 19 emerging from the February primary. While I did not win the general election I would much rather lose by not accepting money from those whose own politics and business dealings I find dirty, offensive and in direct conflict with that which is right and ethical.

Mr. Rieckman talks about my opposition of TIF districts. Yes, I have been a longstanding critic of how TIF districts are used in this community. The 100 N. Main Street project of Ben Ganther’s and the delinquent taxes on same are a perfect example of why. Coupled with some of the other TIF debacles in this community, I should think anyone would be leery, especially when we see other communities growing from an economic development standpoint and they don’t have the ability to use TIFs. I continue to maintain that I am not opposed to TIFs, only to how this community uses them as a carrot to attract every rabbit that happens to shake a dollar bill in our direction.

Mr. Rieckman claims there is a history of “enmity” between me and Ganther that is “readily documented.” Not true. As a member of the city’s Board of Appeals I voted against a project Ben Ganther brought forward for along the river. I never had any dealings with him prior to that and certainly had no feelings toward him one way or the other. I considered his request on its own merits, nothing more, and nothing less. While my reasons for voting against the project were articulated thoroughly both at that meeting and in a subsequent Four Questions interview on Tony Palmeri’s web site, I still maintain that the project as proposed was not in the best interests of that neighborhood, or the city for that matter.

I might add two other things on that note: (1) I was one of a majority on that board who turned the project down, so it was not something that I did out of bitter hatred or ill-will, as the word “enmity” and Stew Rieckman would suggest; and (2) Ganther threatened in that meeting that he would do the project anyway. While a project has since been done there it is hardly the one he proposed.
Since that time I have spoken out on Ganther’s tax delinquencies – both last year and now. I do not hate him as a person; I still don’t even know him as a person. But I do not like what he, as a businessman, stands for nor the way he does business. And that, ladies and gentlemen, is not just my right – it’s everyone’s right to feel as they do about situations like this and the people involved in them.

I think I have proven time and time again that I can look at both sides and I give credit where it’s due, but I will be critical if that is deserved as well. I don’t find anything admirable about a contractor who does not pay his taxes, yet continues to take from this community in the way of contracts on public-private partnerships. There is something very ethically wrong with that in my book and I really don’t know how Ganther or those like him manage to walk into City Hall to put in another bid when he is delinquent on his taxes. That takes monumental gall as far as I am concerned.

That brings me to Rieckman’s final comment about my activism in an open letter to the Common Council members, while having editorialized on the matter on my web site. Simply because I inform the public of things they should be aware of, I do not check my rights as a citizen or taxpayer at the door to my office or when I sit down at my computer.

Granted I have to approach my job as a journalist one way; as a talkshow host with a web site another way; and as a citizen another way. But one should not preclude me from being able to exercise my rights as another. I make no apologies for that.

I have asked that the city, and now the county, refrain from doing business, not just with Ben Ganther and Ganther Construction, but with any contractor who owes delinquent taxes. They just should not be allowed to continue taking money from us when they are delinquent in taxes they owe. Ben Ganther is causing additional work for public sector employees and forcing local government to operate without his tax dollars, but I guess that doesn’t matter to people like Ben Ganther.

- Cheryl Hentz

P.S. I wonder what the occupancy rate is on 100 N. Main or if those were more “overly ambitious” projections that Mr. Ganther made last March. If he needs the money and that’s why he’s not paying his taxes, as Stew Rieckman suggests, maybe occupancy isn’t all he thought it would be. He certainly didn’t come through with the Italian/Tuscan restaurant he promised in a March 3, 2005 interview with Oshkosh News, when – “…Ganther said he was not at liberty to identify the new tenants. But he described them as a "national media company" and a "Northern Italian/Tuscan" restaurant.” Hmm, would Cranky Pat’s Pizza qualify as an Italian/Tuscan restaurant?

HENTZ RESPONSE TO EVERYDAY EDITOR ONLINE COLUMN
Authored by: Anonymous on Sunday, January 29 2006 @ 09:26 PM MST
Nice job with the scoop and the rebuttal Cheryl! It's so funny that Stew thinks that YOU are not objective because we all know the Northwestern works so hard on that! Those two editors are certainly doing their part to drive all seekers of news to the internet. Conservative readers of the Northwestern may agree with Stew much of the time but even they will not long put up with his excuse making and whining! It's sort of pathetic really!

HENTZ RESPONSE TO EVERYDAY EDITOR ONLINE COLUMN
Authored by: Anonymous on Monday, January 30 2006 @ 09:46 PM MST
It's not sort of pathetic, it's completely pathetic. Stew's apologies are qualified; "I'm sorry, but YOU (fill in the blank) or "I may be wrong, but YOU'RE wrong, too", etc. Now, it seems that not only did the NW not have the Ganther story, they also have to rely on Ganther to write his own rebuttal. Great journalism! Watch the local blogs, wait for emails, reprint info in the paper or online. Then call local blog writers "Cyber Snipers" and "Back Alley Jouranlists" when they are actually the only ones who did any work. Qualify apologies, switch the argument, use inappropriate humor, deny, evade, and believe that you're the center of the universe. Hmmm...what does that remind you of?

HENTZ RESPONSE TO EVERYDAY EDITOR ONLINE COLUMN
Authored by: Anonymous on Saturday, February 11 2006 @ 06:42 PM MST
Maybe you should drive to Ben's house, with a video camera, and ask him why he hasn't paid his taxes. If he isn't there and his wife answers, ask her. Put the video here.

I think he is Tuscany looking for a restauranteur.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: bryanbain on Friday, January 27 2006 @ 05:17 PM MST
I have posted on my blog (http://bain-blog.blogspot.com/2006/01/property-taxes.html) my initial reaction to this situation. I encourage you to read it and contact me if you have questions. Thank you.

-Bryan

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Saturday, January 28 2006 @ 04:55 PM MST
Bain has weighed in. Now where are the other 6 members of our illustrious city council? Presumably they have some thoughts about this. I think we're all anxious to hear them and what they plan to do about this problem developer.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Sunday, January 29 2006 @ 08:00 PM MST
You call that weighing in? Mr. Bain rarely takes a stand. He is a true fence rider. He likes to speak after the decision is made.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Sunday, January 29 2006 @ 10:50 PM MST
Commenting on it is weighing in, in case you haven't figured that out. But it's more than the other councilors including Paul Esslinger who always says he is for the people have done.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Monday, January 30 2006 @ 06:16 AM MST
Commenting without really taking a stand is not weighing in. It is called sitting on the fence. A Bain specialty.

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: Anonymous on Monday, January 30 2006 @ 09:22 AM MST
He took a stand. Follow the link and read his reply.

MORE SPIN FROM STEW RIECKMAN
Authored by: admin on Tuesday, January 31 2006 @ 10:15 AM MST
In firing his latest salvo, Stew Rieckman of the Oshkosh Northwestern has posted an email from Ben Ganther in his electronic column, and in his own unique way tried to call my journalistic integrity into question. But in doing so, what Mr. Rieckman neglected to say is this web site and my work on "exposing" the unpaid taxes on the 100 N. Main property was not done as a journalist, per se. While it's true that I am a paid journalist in my professional life, this "unpaid work" was done as a talkshow host and watchdog for the taxpayers in this community. They are different and Mr. Rieckman of all people should be able to see that. I'm sure he can, but he would rather the general public not be able to discern the difference.

And while there certainly was news attached to the exposing of this tax delinquency, the manner in which I went about writing the editorials on this topic was no different from that of Rieckman himself or any of his other editorial board writers or bloggers.

Rieckman wanted to have Ben Ganther's side of the story out there. That's fine. That's what his reporter should do. But if he was always interested in printing both sides of a story and having full disclosure (as he seems to feel everyone else should do), he should have contacted me or one of the other Board of Appeals members when we turned down a Ganther project along the river a few years ago. Instead, they printed a partial quote from me that was taken out of context and that had nothing to do with the legal reasons I voted against the project.

He or his reporter also should have talked with Paul Esslinger last year when they ran a front page story about a gentleman who claimed he knew both Esslinger and Bill Castle, when it was later found out that nothing could have been further from the truth. Knowing OF someone is quite different than knowing someone. There are plenty more examples of the Northerwestern's one-sided journalism and bias over the years. Even their own editorial page pieces often lack fact and/or accuracy. So this is an excellent example of the pot calling the kettle black.

Mr. Rieckman also failed to tell people that it is extremely advantageous for the Northwestern if the downtown continues to be developed - developments in which Ganther has played a huge role. That only serves to benefit the Northwestern since their offices are in the downtown area. Rieckman also hasn't mentioned that his soon-to-be-former colleague Kevin Doyle has served on the board for the Chamber of Commerce and the Convention and Visitors Bureau for a number of years, promoting the very things that benefit the Northwestern, no matter the overall cost or possible detriment to the community as a whole.

In summary, let's be very clear: When I am working strictly as a journalist, I operate in the same manner as Rieckman's reporters do. That was not and is not my capacity here. I make no apologies for that.

Finally, I'm delighted to hear Ben Ganther has made an additional tax payment. Too bad he and the rest of his partners don't take care of the entire debt that's owed. It is every person's responsibility to pay their taxes when they are due. To make a calculated business decision to delay payments, while perhaps financially savvy for the business person, is irresponsible as a neighbor in one's community, especially when a TIF district was created for you and the taxpayers are having to foot the bill for the bonding to create the TIF and to do the infrastructure for you to construct your project. How far could this city get if we all made calculated business decisions to not pay our taxes for a year or two? Maybe before creating TIFs in the future, our city council needs to look at the track record companies have in other communities and see if they are responsible corporate neighbors or not.

- Cheryl Hentz

Why are Ganther's taxes on the 100 block of North Main still not paid?
Authored by: admin on Thursday, April 13 2006 @ 12:50 PM MDT
It was a very pleasant surprise to see not only the 2004 taxes on this property paid in full, but those from 2005 as well - and much sooner than we had first been told the 2005 bill would be paid. As a fellow taxpayer I'd like to say thank you to Mr. Ganther and his partners for doing the right thing and getting this debt taken care of. Now if others who have tax delinquencies would only follow suit.

- Cheryl