HomeMy WebLinkAbout20012639 1 STATE OF COLORADO
2 BOARD OF EQUALIZATION, WELD COUNTY
3 July 27, 2001
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5 TRANSCRIPT OF TAPE RECORDED MEETING
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7 Hearing before the Weld County Board of Equalization regarding the appeal of Carlisle
8 and Lois Ann McQueen
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10 BOARD MEMBERS PRESENT
11 M. J. GEILE, Chairman GLENN VAAD, Pro-Tem
12 WILLIAM H. JERKE ROBERT D. MASDEN DAVID E. LONG
13 ALSO PRESENT
14 CAROL HARDING, Acting Clerk to the Board
15 CYNDY GIAUQUE, Assistant County Attorney
16 DEBBIE FANGMEIER, Weld County Assessor's Office
17 MICHAEL SAMPSON, Weld County Assessor's Office
18 SPEAKING TO THE APPEAL
19 CARLISLE AND LOIS ANN MCQUEEN
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4411A7F/W 2001-2639
1 CHAIRMAN GEILE: Next is R1400886 for Carlisle and Lois McQueen.
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3 UNKNOWN: I just need to run out and grab him real fast.
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5 UNKNOWN: He's here, he's outside.
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7 CHAIRMAN GEILE: You know Commissioners, if two of you need to get going, we can
8 hear this with three Commissioners.
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10 COMMISSIONER MASDEN: Whatever pleases you.
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12 CHAIRMAN GEILE: Well, it's - - you've got an obligation, a pretty important obligation
13 so, let me ask the petitioner. We have two ways we can proceed today;to continue your hearing to
14 another date,or to hear your hearing with three,three members of the Board of Equalization,which
15 is a majority. And so I'll give you that. Are you Mr. McQueen?
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17 MR. MCQUEEN: Yes, sir.
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19 CHAIRMAN GEILE: Okay. I'll give you that option to either continue it until all five board
20 members are here, or we will be hearing this with three Board members today.
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22 MR. MCQUEEN: I, I don't hear too well.
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24 CHAIRMAN GEILE: Okay. We have two members of the Board that have a commitment
25 that they have to get to. So we will be hearing your case with three Board members, which is a,
26 which is a majority. However,you have the option,we can continue your case to another time when
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1 all five Commissioners are here, you have that option.
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3 MR. MCQUEEN: No, I'll accept that.
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5 CHAIRMAN GEILE: Accept it to be heard by three Board members, okay. Is that alright?
6 Rob are you alright with that?
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8 COMMISSIONER MASDEN: Yes.
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10 [CLERK'S NOTE: Commissioners Vaad and Masden have left the proceedings; three
11 Commissioners are present - Geile, Long, and Jerke.]
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13 CHAIRMAN GEILE: Yes. Mike, I don't know if you heard that or not,but the courts take
14 this room at 1:00 so we'll have to move.
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16 MR. SAMPSON: We're going to be very quick.
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18 CHAIRMAN GEILE: Okay,alright. When the courts decide they're going to come in here,
19 you get out. The next one I'll call up is Carlisle and Lois McQueen, R1400886. Good morning,
20 Debbie.
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22 MS FANGMEIER: Good morning. My name is Debbie and I'm a registered appraiser with
23 the Weld County Assessor's Office. The subject property is located at 9125 Weld County Road 70
24 in Windsor. It was built in 1984. The subject has 20, excuse me, 2,371 square feet with no
25 basement. It has four bedrooms and three bathrooms. Exterior is framed hardboard. Comp 1 is
26 located at 7900 Weld County Road 72 in Windsor,which is two miles from the subject. It sold on
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1 September 30, 1999, for $230,000.00. Adjustments made were $32,517.00, for an adjusted sale
2 price at $262,517.00, or $110.72 per square foot. Comp 2 is located at 35466 Weld County Road
3 19, which is one and one-half miles from subject. This property was sold on two, one of 1999, for
4 $362,000.00. Adjustments made were $84,171.00 for an adjusted sale price of$277,829.00 or
5 $117.18 per square foot. Comp 3 is located at 8975 Llama Way, which is one mile from subject.
6 The property sold on six, fifteen for$304,900.00. Adjustments made were $4,064 for an adjusted
7 sale price at $308,964, or$134.31 per square foot. I took an average of all three comps and came
8 up with $119.40 per square foot, or a value of$283,097. I have already adjusted the value from
9 $266,260 down to the$247,532,based on information given from the petitioner, and inspection of
10 the property. I feel the value at $247,532 is a fair market value, and recommend the value to stay
11 at that, even though my market study shows the value to be at $283,097
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13 CHAIRMAN GEILE: Mr. McQueen, did you hear all that?
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15 MR. MCQUEEN: Yes.
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17 CHAIRMAN GEILE: Okay, Okay, alright. Are there any questions of the Assessor?
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19 MR. MCQUEEN: I didn't get any of that documentation but that's, alright.
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21 CHAIRMAN GEILE: Are there any other comments, Debbie?
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23 MS. FANGMEIER: No.
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25 CHAIRMAN GEILE: Okay, so Mr. McQueen, did you have an comments you would like
26 to make to the Board this afternoon.
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1 MR. MCQUEEN: Yes, would disagree with a lot of the evaluations, or valuations of the
2 property. I had some items that I would like to bring to the Board.
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4 CHAIRMAN GEILE: Sure.
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6 MR. MCQUEEN: I only have one copy.
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8 CHAIRMAN GEILE: Okay, if you give us that copy,that will become a part of the record,
9 so you'll have to surrender that to the okay, to the proceedings.
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11 MR. MCQUEEN: That's fine, maybe I'll explain what's there. First of all, the first sheet
12 is where I came up for primarily for the hearing that is in progress now. And in the next two sheets
13 there the disagreement that I had against the assessment that was given to the Assessor on a prior
14 meeting(inaudible)came up with a reevaluation and possible adjustment. I did get the adjustment
15 for some thing,but I still have a problem with a few items of protest that are more or less, well, are
16 pretty well written out. I could go through them individually, one at a time, and
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18 CHAIRMAN GEILE: Its however you want to proceed, sir.
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20 MR. MCQUEEN: Well, then, first of all my first sheet on there is how I would like to, my
21 items of protest, the first item is, I do not believe that any consideration was given to my original
22 protest to the Assessor. Which, first, I did not agree with many of the adjustments to my property
23 by the Assessor and a list of three comparables. I do not believe that three comparables are sufficient
24 to justify the pattern today of especially when none of these comparables are subjected to the
25 development of a large high-density housing area directly across the street from my property. I do
26 not believe that the Assessor put enough emphasis on the type of construction used on this residence
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1 and also the value of loss of a basement,with no possibility to update or modify any of the existing
2 facilities. It's a very rare building for Colorado. All of the utilities are in the cement and it's a, a
3 primarily was designed as a solar home, it's one of(inaudible). I guess, and I think a basement has
4 a larger value, a much larger value than the Assessor seems to believe. And there is a large
5 development across the street, which I had mentioned before. Since it started, the development
6 across the street from my property;out of seven homes in an area,seven homes in a rural,from Road
7 19 east to Weld County Road 70. Out of seven homes in this row of houses, one has sold,two are
8 for sale, and one is in the process of getting ready for sale,which is over 30 percent of the homes in
9 there. The people are leaving because of the development. And the (Inaudible.) that I used to see
10 when I looked out my window,but I will say, eventually would not be too tough (inaudible) some
11 of our revised statutes and being able to follow them and that I don't think that's too significant. My
12 main concern is the fact that my type of home,where it is being subjected to all the changes that are
13 going to be taking place. In fact they are taking place, they are in the process of developing now.
14 This is a unique home, a unique situation and not fairly considered in the assessment. That's about
15 (inaudible) my complaint. That's all I have.
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17 CHAIRMAN GEILE: Are there any questions of Mr. McQueen of the Board? Any
18 additional comments by the Assessor's Office? Commissioner Long?
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20 COMMISSIONER LONG: Mr. McQueen, I think you mentioned in that letter that there is
21 no way for you to update or to add on to the house.
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23 MR.MCQUEEN:Yeh,there is a...the public service company put natural gas to the property
24 ditch, and I have the access for the natural gas (inaudible.) The home is primarily, it's built as an
25 election home. It has a propane backup stove for the space heaters, and from then on you couldn't
26 do anything. So, if you tried to put a furnace in it or tried to air condition it, you'd have to tear up
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1 a bunch of cement floor to put the utilities. And that type of stuff in the floor, which would be
2 prohibitive. In fact, that would cost you, I have a couple of friends who were contractors and they
3 said, "No way, you couldn't do this," and it's prohibitive to modify it. So I'm stuck with that.
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5 COMMISSIONER LONG: Thank you.
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7 CHAIRMAN GEILE:Are there any questions,other questions of Mr.McQueen? Thank you,
8 Mr. McQueen. Discussion?
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10 COMMISSIONER JERKE: I guess I don't really see anything with respect to what the
11 Assessor has done that would indicate that they did anything wrong with respect to valuating the
12 property. Indeed, I think the very first thing that Mr. McQueen suggests is that they weren't too
13 willing to work with him and yet it does suggest the actual value after review went down$19,000.00,
14 more or less. I suggest that they did work with you some along the way to try to mitigate some of
15 the problems that you might have with the property.
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17 MR.MCQUEEN: Well,I,I kinda came up with a suggestion.I would be willing,you know,
18 to go with a ten percent rate or something. But not a forty-three percent rate.
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20 CHAIRMAN GEILE: I think we need to move ahead and make a determination on this so
21 I'm going to shut of any further,further testimony,unless one of the Commissioners have a question,
22 Mr. McQueen, that's fine. Okay, thank you. Commissioner Jerke.
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24 COMMISSIONER JERKE:Thank you,Mr.Chairman. I would move to deny the petitioners
25 request for change in assessment valuation on Schedule Number R1400886 to determine a value of
26 $247,532.00.
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2 COMMISSIONER LONG: Second.
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4 CHAIRMAN GEILE: It's been moved by Commissioner Jerke, seconded by Long to deny
5 the petition and to set the value at$247,532.00,which includes land and improvements. Is there any
6 further discussion? If not, all in favor signify by saying Aye.
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8 COMMISSIONER JERKE: Aye.
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10 COMMISSIONER LONG: Aye.
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12 CHAIRMAN GEILE: Aye. Opposed the same. Let the record show the motion carried. Mr.
13 McQueen, our attorney has something she needs to tell you.
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15 MS. GIAUQUE: I just need to tell you that a written discussion of what occurred today will
16 be mailed to you within five business days. And you have the right to appeal that decision if you so
17 choose, but you must file your appeal within thirty days. And you may appeal to the Board of
18 Assessment Appeals, or you may appeal the District Court, or you may appeal, or you may submit
19 to binding arbitration. And more specific information as far as extensions and time limits is included
20 in that information mailed to you. Thank you.
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22 CHAIRMAN GEILE: Thank you for coming in today sir,and thank you for the information
23 you brought.
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25 [Board of Equalization Hearing for Carlisle and Lois Ann McQueen adjourned.]
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CERTIFICATE
I, CAROL A. HARDING, Deputy Clerk to the Board of County Commissioners of the
County of Weld, State of Colorado, do hereby certify that the foregoing was transcribed from the
taped recording of the Board of Equalization hearings heard by the Board of County Commissioners
on July 27, 2001, which was recorded at the Weld County Centennial Center, 915 10th Street,
Greeley, Colorado, by myself, Acting Clerk to the Board; and that the foregoing is an accurate
transcript of the proceedings at that time.
I further certify that I am not related to any party herein or their counsel, and that I am
employed as Office Manager Coordinator in the office of the Weld County Clerk to the Board.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the County
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of Weld, State of Color * - C 4 141 day of September, 2001.
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