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Home My WebLink About20233240.tiffArbitration Award Taxpayer: David Claypool vs. Weld County Board of Equalization This matter having been heard on 9 -October , 2023 . Petitioner, David Claypool counsel. Respondent, Weld County Board of Equalization, appeared by Duane Robson That I find in favor of Petitioner (Partial) and against That the property in question, more fully described as: 468 Hart Street, Firestone. 1311-30-1-08-021 Ranch home built 2000, GLA 1,444 SF wl 3 -BR 2 -BA and 2 -Car Garage. Full basement is unfinished. Taxpayer Schedule Number , appeared in person with(out) R7618999 should (not) be adjusted as follows: Petitioner has 3 comps, Assr 5 comps. All are same base home— ranch, 3 -BR 2 -BA, 2 -Car Gar, full basements. Difference=>basement finish. Petit's comps all fully finished bsmnts (Petit agreed are not good comps). Assr 5 comps -3 unfin bsmnts, 1 ltd finish, one fully finished. I find Assr downward adjustments for bsmnt finishes and condition too small; Petit's adjustments for BR and BA far too large. The common comp (528 4th St) is least comparable of all, so disregarded. Based on data and testimony, reconcile at $455,000. That the arbitrator's fees for conducting this matter are: $150.00 That said fees are to be paid as follows: $75 County and $75 Petitioner That each party shall pay their own witness fees, attorney's fees, and miscellaneous costs. this 10 rr day of October , 20 23 Arbitrat Page 1 of 1 Updated: 9/26/2023 File Location: M:\CBOE\Binding Arbitration\CBOE - Arbitration Award Form.pdf C� : P±tlentr) 44,14 -cat, (to -1(-2023 A SR(6c/m/cA), CA (KK) (10-30'2023) 2023-3240 �9SO i IS Restricted Appraisal Report of Residential Property for Binding Arbitration Hearing David Claypool Petitioner vs. Weld County Board of Equalization Respondent Parcel Number: 1311-30-1-08-021 Schedule Number: R7618999 Date: October 9th, 2023 Time: 1:00 p.m. Prepared by: Duane M Robson Senior Appraiser, Weld County Weld County Assessor's Office 1400 N. 17th Avenue, Greeley, CO 80631 (970) 400-3650 I assessor@weldgov.com Page 1 of 17 Table of Contents Restricted Appraisal Report 3 Addenda 5 Aerial Map 6 Additional Property Detail and Subject Photograph 7 Time Trend Adjustment 8 Comparable Photos 9 Map of Comparables 11 Market Grid Comparables 12 Assumptions and Limiting Conditions 14 Certification 15 License 16 Appraiser Resume/Qualifications 17 Page 2 of 17 Restricted Appraisal Report Note: Use of this report is limited to the client and other named intended users because it may not contain all the supporting rationale for the opinions and conclusions that are set forth. The restricted appraisal report is intended to be used in conjunction with the oral testimony that contains all the supporting rationale. Subject Property: 468 Hart St., Firestone; Parcel # 1311-30-1-08-021; Account #R7618999 Property Type: Single Family Residence (See Addenda for additional property detail.) Client: Weld County Board of Equalization, 1150 O Street, Greeley, CO 80631 Intended Use: Ad valorem taxation purposes and to serve as an outline for testimony at a binding arbitration hearing. Oral testimony by the appraiser at the hearing is intended to communicate the rationale and methodology employed to develop the assignment results. No other uses of this appraisal are intended by the appraiser. Intended User: Weld County Board of Equalization. No other users of this report are intended by the appraiser. Property Rights: Fee Simple Type of Value: Market Value Assessment Year: 2023 Appraisal Date: June 3e, 2022 Assessment Date: January 1st, 2023 Definition of Market Value: "The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress." {The Appraisal Institute} Conditions of Appraisal: This appraisal is based on the extraordinary assumption that the observed condition of the property on the date of inspection was representative of the condition as of the assessment date for the 2023 tax year. The use of this extraordinary assumption might have affected the assignment results. Property Owner of Record: David Claypool Sale & Listing History: As of the effective date of this appraisal there was no agreement of sale, listing, or option regarding the subject property. There have been no sales or other transfers of the subject property during the three-year period prior to the effective date of this appraisal. Scope of Work: Subject description was obtained from both an interior and exterior inspection and Weld County public records. The scope of this assignment did include a walk-through of the interior of the building improvements on July 19th, 2023. Market data used in the valuation of the property were taken from public records, third -party subscription services, and databases maintained by the assessor's office. Page 3 of 17 In accordance with the Colorado Constitution, Colorado Revised Statutes, and appraisal guidelines of the Division of Property Taxation, only the sales comparison appraisal methodology was applied in this appraisal. State law prohibits ad valorem valuation of residential properties to be based on a cost approach or income approach to value. As such, the appraiser has applied a jurisdictional exception in this analysis and the sales comparison approach is the only valuation methodology developed. OPINIONS AND CONCLUSIONS Highest and Best Use: The existing use is the highest and best use for the property. Date of Report: October 4:5, 2023 Effective Date: June 30th, 2020 Appraiser's Opinion of Value: $470,000 Page 4 of 17 Addenda 1. Aerial Map 2. Additional Property Detail and Subject Photograph 3. Time Adjustment 4. Comparables Photographs 5. Map of Subject and Comparables 6. Comparable Sales Grid 7. Assumptions and Limiting Conditions 8. Certification 9. Appraiser License 10. Appraiser Resume/Qualifications Page 5 of 17 f . ►. PEiEPIzty CR SHARK ST 11TH ST PENGUIN St 13TH ST IRIS MAJESTIC S Subject BUCHANAN AVE 171 Da Cr rea YORRISON DR DAVIS OR t-i! *4-4K. LORA CT 2sr0 S7 NM Sr 4TH ST v1 y1 H ST Y6TH 5T Lei a 0 tz FPASER ST VERMILLION S r llII C FAITH CT fu 3140 ST U Page 6 of 17 Additional Property Detail and Subject Photograph Residential Improvement: The subject was originally constructed in 2000 and is classified as a one-story ranch home of frame construction with hardwood siding. There is 1,444 square feet of finished living area above grade which includes three bedrooms and two bathrooms. It has a 1,444 -square foot basement that is unfinished. SUBJECT PHOTO k• •.S.♦ ,• .• `. - % 1 .,?. • 4.' 't,`� .•►� 1(„ft�)i♦: Page 7 of 17 Time Trend Adjustment By law, sales prices are time adjusted to the appraisal date of June 30, 2022. An adjustment for change in economic condition is made if during the extended sales collection period of July 2020 to June 30, 2022, the sale prices of properties have appreciated or depreciated due to inflation or deflation. We refer to the adjustment as a 'time' adjustment. If market conditions have not changed, no adjustment is required even though considerable time may have elapsed. C.R.S. 39-1-104...said level of value shall be adjusted to the final day of the data -gathering period. Sales and resales of the same or similar properties are a good indication of the changes in market conditions over time. In addition, a simple linear regression based on a graph of sales and the month the sale occurred is used to indicate the trend of the market. This trend is tracked as a monthly rate of change. Since we consider one of the most important aspects of market value to be location, we determine our time trends by location, also known as economic area or neighborhood, and by the use of the property (vacant land, residential, commercial). NBHD: 3031 1.50 - a) 1.25 - co U Q 1.00- 4) U L CD • • C 0.75 - 0.50 - • • 0 5 • 0 t • • • 4 • S S O 10 15 Trend Month Number of Sales: 58 Trend: 1 % per month prior to March 2022 4 4 S a a to 4 S 20 25 Page 8 of 17 Comparable Photos Comparable #4 Comparable #5 a- ae .'..• As; • --�" r�ad. J •: � .soles; " `� fi�-yam i1 kdie .17e- a... _ - . -4 "1• r Page 10 of 17 Map of Comparables fr _ cn I- SUBJECT 468 HART ST , FIRESTONE A I 1— GRANVILLE CIR C FLORENCE CT • c _ , GRANVILLE AVE • _ BERWICK AV VIII i COMPARABLE 2 598 FLORENCE AVE , FIRESTONE COMPARABLE 3 605 MCCLURE AVE . FIRESTONE 0 W H W ____,____% COMPARABLE 5 G 743 MCCLURE AVE , FIRESTONE 2 et COMPARABLE 1 664 MCCLURE AVE , FIRESTONE i RONTIER ST i Page 11 of 17 Market Grid Comparables Subject Comp #1 Adjustment Comp #2 Adjustment Comp #3 Adjustment Sale Date 1/12/2022 3/19/2022 6/28/2022 Sale Price $477,000 $487,000 $515,000 Time Adj Sale Price $486,587 $485,000 $515,000 Parcel Number 131130108021 131130125003 131130115002 131160115020 Account Number R7618999 R0944801 R8569800 R8571600 I Street Address 468 Hart St 664 McClure Ave 598 Florence Ave 605 McClure Ave Land Size 7,051sf 6,537sf $0 7,051sf 6,619sf $0 Neighborhood 3031-01 3031-01 I 3031-01 3031-01 Built -As Description Ranch 1 Story Ranch 1 Story Ranch 1 Story Ranch 1 Story Quality Average Average Average Average Condition Typical Typical Typical Typical Year Built 2000 2001 $0 2001 $0 2000 Residential SF 1,444 1,389 $0 1,389 $0 1,413 $0 Baths 2 3 -$7,000 2 i 2 Basement Sq Foot 1,444 1,389 $0 1,389 $0 1,413 $0 Basement Finish 0 315 -$4,725 0 0 Garage 2 -Bays 2 -Bays 2 -Bays 2 -Bays Upgrades None Minor Updates -$10,000 Minor Updates -$10,000 Major Updates -$40,000 $ Adjustment -$21,725 $ Adjustment -$10,000 $ Adjustment -$40,000 I Gross % Adjustment I 4.5% Gross % Adjustment 2.1% Gross % Adjustment 7.8% Net % Adjustment -4.5% Net % Adjustment I -2.1% Net % Adjustment -7.8% Final Market Value $470,000 Adjusted Sale Price $464,862 Adjusted Sale Price $475,000 Adjusted Sale Price $475,000 Final Market Value / SF $325 Adjusted Sale Price / SF $322 Adjusted Sale Price / SF $329 Adjusted Sale I Price / SF $329 Page 12 of 17 Subject Comp #4 Adjustment Comp #5 Adjustment Sale Date 1/17/2022 5/11/2021 Sale Price $521,000 $405,000 Time Adj Sale Price $531,472 $445,706 Parcel Number 131130108021 131130108003 131130121010 Account Number R7618999 R7140498 R0941201 Street Address 468 Hart St 528 4th St 743 McClure Ave Land Size / Value 7,051sf 7,350sf $0 6,525sf $0 Neighborhood 3031-01 3031-01 3031-01 Built -As Description Ranch 1 Story Ranch 1 Story Ranch 1 Story Quality Average Average Average Condition Typical Typical Typical Year Built 2000 1997 $0 2002 Residential SF 1,444 1,340 $6,760 1,096 $22,620 Baths 2 3 -$7,000 2 Basement Sq Foot 1,444 1,322 $3,050 1,078 $9,150 Basement Finish 0 1190 -$17,850 0 $0 Garage 2 -Bays 2 -Bays 2 -Bays Upgrades None Major Updates -$40,000 None $ Adjustment -$55,040 $ Adjustment $31,770 Gross % Adjustment 14.0% Gross % Adjustment 7.1% Net %Adjustment -10.4% Net %Adjustment 7.1% Final Market Value $470,000 Adjusted Sale Price $476,432 Adjusted Sale Price $477,476 Final Market Value / SF $325 Adjusted Sale Price / SF $330 Adjusted Sale Price / SF $331 Range of Value = $464,862 to $477,476 Median = $475,000 Mean = $473,754 Page 13 of 17 Assumptions and Limiting Conditions 1. This appraisal was created for the purpose of ad valorem taxation. "As a general rule, §39-1-106, C.R.S., requires that the fee simple interest in property be valued for property tax purposes." For this reason, it is the appraisal of the fee simple property rights attached and specific to the real property described in this report. These fee simple property rights may differ from the rights of ownership if favorable or unfavorable lease provisions encumber them. The value reported is only applicable to the property rights appraised and this appraisal report should not be used for any other purpose. 2. Information, estimates, and opinions furnished to the Assessor's office, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. Certain information relied upon by the appraisers are submitted to the Assessor's office in confidence and is not part of the public record. These records include Real Property Transfer Declarations (TD -1000's), Subdivision Land Valuation Questionnaires and other Assessor's office questionnaire mailings. Once a hearing comes to a decision by the governing body, the information for that individual property, as provided as part of the discovery process and presented at the open hearing becomes public record and is no longer confidential. Nonetheless, our office is privy to an unparalleled quantity of detailed and encompassing information unavailable to most appraisers and real estate professionals. The appraisers assume no responsibility for accuracy of such items furnished to the Assessor's office. 3. Any building sketch, map or aerial image contained in this report may show approximate dimensions and is included to assist the reader in visualizing the property. The appraisers have made no survey of the subject property. 4. In matters related to physical characteristics of properties found in the Assessor's records, fiscal constraints may prevent the appraisers from physically inspecting every property considered in the sales comparison approach. The appraisers are testifying to the records of the assessor's office, which have been compiled from physical inspections by other appraisers within the assessor's office over an extended period. 5. Jurisdictional Exceptions: Colorado Revised Statutes (C.R.S.) mandates a specific data collection period known as the "base period," which consists of an 18 -month period. This period is January 1, 2021, through June 30, 2022, for purposes of estimating the 2023 taxable value as of June 30, 2022 (market conditions) and January 1, 2023 (physical property characteristics). The C.R.S. also allows consideration of market data from the period of July 1, 2017, through June 30, 2022, should insufficient data be available from the primary "base period." These Jurisdictional Exceptions to the Uniform Standards of Professional Appraisal Practice have been employed in the estimate of fee simple market value in this appraisal report. Page 14 of 17 Certification I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. Neither the Weld County Assessor's Office nor I have any present or prospective future interest in the property that is the subject of this report and no personal interest with respect to the parties involved. Other than work required by law, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three -years period immediately preceding acceptance of this assignment. I have no bias with respect to the property that is the subject of this report, or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • I have made a personal inspection of the property that is the subject of this report. • Jason A Marini (Certified Residential Appraiser License # CR 040024215) provided significant real property appraisal assistance to the person signing this certification including the sale comparison approach and report writing. Z7G[CLit, i'i'i /C�6dBrt Duane M Robson Weld County Senior Appraiser Ad Valorem Appraiser # AV.040025413 October 4th, 2023 Page 15 of 17 License Colorado Department of Regulatory Agencies Division of Real Estate Duane 1I Robson Ad Valorem ...Aa AV_040025413 License Number O Active 12/31/2023 License Status Expiration Verify this license at http: / /dora.colorado.gov/dre Issue Date 9 01/01/2022 at A4tig44.) Z74,444 7ii Director: Marcia Waters Licensee Signature Page 16 of 17 Appraiser Resume/Qualifications Ad Valorem Appraiser #AV040025413 Professional Experience Weld County Government Office of the Assessor- 23 years/Senior Appraiser -14 Years Testified as an expert witness at six BAA hearings Testified as an expert witness at one Arbitration hearing Training and Educational Background State of Colorado: Introduction to Assessment Introduction to Appraisal Market Approach to Value Cost Approach to Value USPAP Sales Confirmation Narrative Report Writing Agricultural Land and Rural Structures Vacant Land Present Worth Cost, Market, Income Review Agricultural Land Classification Manufactured Homes Vacant Land Valuation Valuation Modeling Rural Structures Classification Assessment Statistics and Excel Presenting Your Best Ag Case Intro to Ad Valorem Mass Appraisal Natural Resources Complex Res and GRM International Association of Assessing Officers: Adjustments —The Good, the Bad, and the Ugly Allocating Components of a Growing Concern Appraisal Appraising after Disaster or Traumatic Events Residential Quality Condition and Effective Age Appraising Barndominiums Valuation of Unique and Challenging Homes Valuation of Mobile Home Parks Ka Ian: Appraisers Guide to Appraisal Review American Society of Farm Managers: Dairy Valuation Excel for Appraisers McKissock: Appraising the Oddball Expert Witness Strange but True: Appraising Complex Residential Properties Supporting Adjustments with Spreadsheet Programs Colorado State University Extension: Getting to Know Rural Properties Page 17 of 17 PETITION FOR ARBITRATION Taxpayer David Claypool Account #: R7618999 v. WELD COUNTY BOARD OF EQUALIZATION 30.Aug.2023 RECEIVED SEP 0 5 2023 WELD COUNTY COMMISSIONERS 1. The undersigned property owner or authorized agent, pursuant to C.R.S. 39-8-108, requests arbitration. 2. The subject property is located in Weld County with address or legal description as follows: Reference Weld County Property Valuation Assessment. With Tax Schedule Number: Reference Weld County Property Valuation Assessment. 3. That the property is: Residential real property. 4. That the residential arbitration fee in the amount of $150.00 is herby advanced, to be held in Trust pending a decision of the arbitrator; Or 5. That the fee estimate of $N/A (not applicable) agreed upon between the parties is hereby advanced, to be held in trust pending a decision by the arbitrator; Or 6. An application for fee waiver based upon indigence of the petitioner is pending before the Board of County Commissioners. 7. That Christopher Ruff be named and assigned as Arbitrator. 8. That the following issues are in need of arbitration: Reference document provided: Appeal of Weld County 2023 Board of Equalization Determination. PETITIONER'S INFORMATIO PETITIONER'S SIGNATU DATE: 3CY "2'9'2 3 Printed NAME: Da✓i to ADDRESS: SGSArt p. d. Box X37' Go SD .5%2-0 PHONE #:$?)378- AV/ E-mail: Chy7'zf/ ds.✓id @ ere.ice.574.0"1 PETITIONER'S ATTORNEY INFORMATION: ATTORNEY'S SIGNATURE: /Y/" DATE: Printed NAME: ADDRESS: �--- PHONE #: E-mail: AUGUST 30, 2023 APPEAL OF WELD COUNTY 2023 Board of Equalization Determination Account #:R7618999 DAVID CLAYPOOL (303) 378-1211 Claypool_David@ComcastNet ■ David Claypool 468 Hart Street Firestone, CO 80520 Account: R7618999 TABLE OF CONTENTS INTRODUCTION 2 ISSUES 2 COMPs 5 SCOPE OF RELIEF 6 SUMMARY 6 ADDITIONAL PREVIOUSLY SUBMITTED RELEVANT ASSETS 7 Page 1 of 7 David Claypool 468 Hart Street Firestone, CO 80520 Account: R7618999 30.Aug.2023 TO: Weld County Assessor RE: Weld County Assessor and WCBoE 2023 Property Valuation & Determination FROM: David Claypool (Taxpayer I Account #:R7618999) INTRODUCTION: I disagree with and thus appeal the Weld County Assessor's and Weld County Board of Equalization's 2023 Real Property Valuation of my property located at 468 Hart Street in Firestone, Colorado (FIR 2TS L21 Timberland Sub 2nd FG Exc N 3FT). I engaged Structure Property Group, LLC. to help me unearth what is fair market value C0MPs for my identified period in my neighborhood (Included.). I assert the County Assessor and Weld County Board of Equalization (WCBoE) have unfairly and inappropriately knowingly overvalued my property resulting in an unfair, unjust, and unconscionably excessive property valuation for the purpose of taxation. I seek redress via an unbiased audience for review and fair disposition to secure justice through fair valuation. ISSUES: The County Assessor has unfairly and inappropriately knowingly overvalued my property resulting in an unfair and unconscionably excessive property valuation for the purpose of taxation. During the Weld County Board of Equalization (WCBoE) review, the County Assessor openly confessed that her process is rife with abuse and fraud and that she knowingly discriminated against me and untold others: The County Assessor confessed to knowingly assessing my property unconscionably higher than fair market value. This is not some minor algorithmic anomaly. This is open abuse of office coupled with confessed admission to defraud me for the sole purpose of increasing tax revenue for county government. Page 2 of 7 David Claypool 468 Hart Street Firestone, CO 80520 Account: R7618999 The County Assessor admitted that she knowingly assessed my property at a remarkably higher value than both fair market value of COMPs sold and adjacent properties of dramatically higher investment. The County Assessor confessed that her office cherry -picks peak values of property sold — and calls such a "Comp" — regardless reflection of actual property characteristics and location relative to my property. The County Assessor confessed her assessment process is fraught with discrimination, abuse, and fraud yielding inordinate volumes of inappropriately overvalued property assessments. Through research, I discovered that the County Assessor gives lower assessment values to women and minorities; but, assesses property in the names of white Christian males at a dramatically higher value. I provided an example of this discrimination to the Weld County Board of Equalization (WCBoE): ADDENDUM # 002.00. The Referee asked the County Assessor about this fact — and he forced the County Assessor to respond. The Assessor affirmed stating that property owners within a neighborhood grid might have drastically and dramatically different property valuations from the Assessor's Office, regardless property characteristics; and, the Assessor's Office doesn't take that into consideration. Rather, the Assessor would look back later to see how many people were valued too heavily and thus paying too much — and would make a mental note. The County Assessor further affirmed that even when such gross 'miscalculations' were raised, elevated, made known, or observed — the County Assessor's Office would never subsequently normalize the assessments to an identified proper value to correct the unfair discriminatory practice to disposition justice. Page 3 of 7 David Claypool 468 Hart Street Firestone, CO 80520 Account: R7618999 The County Assessor openly confessed that despite the foregoing, she would make no fair attempt at resolution to my property valuation. When the County Assessor openly admitted this fact — the Referee was taken back, and called for clarification — and the County Assessor doubled down. The County Assessor rejected several properties (COMPs) adjacent to me that were sold in the identified period for over $120K less than what my property is being assessed at by her office. The County Assessor ignored my records of refinance during the period in question, wherein the assessed market value from two banks and a title company identified my property value at $400K. Based upon the foregoing and further augmented by additional supporting information via COMPs from Structure Property Group, LLC— I assert that a maximum ceiling for fair market value of my property during the identified period was $400,000. The Realtors assure me that based on their search of properties sold in my neighborhood during the identified period normalized to the characteristics of my property — the actual fair market value of my property during the identified period was $362,000. (Reference COMPs later in this document.) In summary, I assert the County Assessor and WCBoE have unfairly and inappropriately knowingly overvalued my property resulting in an unfair and unconscionably excessive property valuation for the purpose of taxation. I seek redress via an unbiased audience for review and fair disposition to secure justice. Page 4 of 7 a • David Claypool 468 Hart Street Firestone, CO 80520 Account: R7618999 COMPS: I engaged Structure Property Group, LLC. to help me unearth what is fair market value COMPs for the identified period — in my neighborhood. The team told me they use the following reflected sales, normalizing the sale values down based on property characteristics. (Subtract): $60,000 for a bedroom $35,000 for a bathroom $95,000 to normalize as 'COMP' based on sale value and property characteristics. 475 Buchanan Ave Firestone $355,000 Sold 5 Bed 3 Bath 2,888 Sqft IRES RES 912131 458 4th St Firestone $495.500 Sold 5 Bed 3 Bath 2,600 Sqft IRES RES #956196 528 4th St Firestone $521,000 Sole 5 Bed 3 Bath 2,530 SO IRES RES #955869 Normalized to COMP value: $260,000 Normalized to COMP value: $400,000 Normalized to COMP value: $426,000 Page 5 of 7 David Claypool 468 Hart Street Firestone, CO 80520 Account: R7618999 SCOPE OF RELIEF: I ask for a fair compromise from the County Assessor, County Board of Equalization, and Arbitrator to identify my 2023 property fair market value as $400,000; a) Consistent with the findings and determinations of two banks and a title company during the identified period which served as the basis for contracts. b) Consistent with the prior COMPs that I submitted to the Weld County Assessor and WCBoE reflecting sale prices below $400,000. c) Consistent with the findings and supporting information via COMPs from Structure Property Group, LLC. which yet again properly establishes that a maximum ceiling for fair market value of my property during the identified period was $400,000. Meanwhile, the actual fair market value of my property during the identified period was $362,000. SUMMARY: I disagree with and thus appeal the Weld County Assessor's and Weld County Board of Equalization's 2023 Real Property Valuation. I assert the County Assessor and Weld County Board of Equalization (WCBoE) have unfairly and inappropriately knowingly overvalued my property resulting in an unfair, unjust, and unconscionably excessive property valuation for the purpose of taxation. The maximum ceiling for fair market value of my property during the identified period was $400,000; meanwhile, the actual fair market value of my property during the identified period was $362,000. I seek redress via an unbiased audience for review and fair disposition to secure justice through fair valuation. Page 6 of 7 David Claypool 468 Hart Street Firestone, CO 80520 Account: R7618999 ADDITIONAL PREVIOUSLY SUBMITTED RELEVANT ASSETS: The following is a list of assets that I previously submitted to the County Assessor and WCBoE which remain relevant to this appeal. 2023 REAL PROPERTY PROTEST FORM 2023 NOTICE OF DETERMINATION APPEAL OF WELD COUNTY 2023 NOTICE OF DETERMINATION ADDENDUM # 001.00 ADDENDUM # 002.00 COMPs CLOSING DISCLOSURE SUPPLEMENTAL # 001.00 3o -d f.?o�5" Page 7 of 7 CLERK TO THE BOARD PHONE: (970) 400-4226 FAX: (970) 352-0242 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 October 11, 2023 DAVID CLAYPOOL PO BOX 139 FIRESTONE, CO 80520-0139 RE: Account #: R7618999 Dear Mr. Claypool: Enclosed for your records is a copy of the completed Arbitration Award, along with a check refunding the full amount of your deposit. Thank you for your time and participation in this Binding Arbitration appeal process. If you have any questions or concerns, please feel free to contact me at (970) 400-4226, or email: egesickftweld.gov. Sincerely, Esther E. Gesick Weld County Clerk to the Board End. M:\CBOE\Binding Arbitration\2023 Appeals\R76189, ..avid ClaypooALETTER - Distribution of Refund.docx U.S. Postal Service" CERTIFIED MAIL® RECEIPT i _ i rli r -R Ln is IT" _ O 0 Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ El Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here wliatwi3 t To 4V1 OD) t and 6,at. No.ox No. QX I C's State, ZIP+4° 8O5 PS Form 38OO, April 2015 PSN 7530-02-000-9047 WELD COUNTY GOVERNMENT REVOLVING FUND 1150 0 Street Room 107 Greeley, CO 80631 AY TO THE ORDER OF MEMO: OviD Czett)OOL cr, _S ev ter/ ‘Aart Ddintees // WELLS FARGO BANK, N.A. GRAND JUNCTION, CO danamitaxese .- a.. ...p.m.. 23-7/1020 DATE jP 4D f ZS 17223 $ 75 ‘j`txt) DilialARs • AUTHORIZED SIGNATURE _.•••-•••••...._....-....r.low..... DETAILS ON BACK SECURITY FEATURES INCLUDED SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DAVID CLAYPOOL PO BOX 139 FIRESTONE, CO 80520-0139 111111111 IAI III I II II II I II I I II II I I I I III INI 9590 9402 7686 2122 8604 57 i COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed ❑ Agent ❑ Addressee D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No elivery 2_ Article Number (Transfer from service label) 7017 1450 0000 9674 5615 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery K Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt CLERK TO THE BOARD PHONE (970) 400-4226 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, CO 80632 October 2, 2023 TO: ARBITRATOR / TAXPAYER / ASSESSOR RE: DAVID CLAYPOOL v. WELD COUNTY BOARD OF EQUALIZATION ACCOUNT R7618999 The attached petition, having been timely filed and fees advanced, and having received no objections from the respondent Board, the above -captioned case is hereby assigned to Christopher Ruff, who will serve as arbitrator in this matter. Mr. Ruff has filed the attached Oath of Arbitrator, and all parties have indicated they are available for a hearing which is scheduled for Monday, October 9, 2023, at 1:00 p.m., in the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. When you arrive, please proceed to the Clerk to the Board's Office and you will be directed to the appropriate conference room. Esther E. Gesick CLERK TO THE BOARD M:\CBOE\Binding Arbitration\2023 Appeals\R7618999 - David Claypool\LETTER - Notice of Hearing.docx ARBITRATOR'S FEEAGREEMENT WHEREAS, the Petitioner desires that certain property other than residential real property be subject to the arbitration process as provided for in C R S §39-8-108.5. and WHEREAS, the Petitioner and the Weld County Board of Equalization desire to outline their agreement as to arbitrator's fees as required pursuant to C.R.S. §39-8-108.5(5)(a), and WHEREAS, IT IS AGREED that the parties estimate the following fee for arbitration of property schedule number R7618999. Petitioner's Estimate Number of hours 0.5 X $150.00 = $75.00 Board of Equalization Number of hours 0.5 X $150.00 = 575.00 Total Agreed Arbitrator's Fee = $150.00 NAME: David Claypool PETITIONER /a. $ , • . 2 3 ADDRESS: 468 Hart Street Firestone Colorado 80520 The property in question is residential real property. I have already paid a corresponding fee ($150.00) WELD-COUNTY1BOARD OF EQUALIZATION ASSESSOR'S REPRESENTATIVE ;,:\Users\DavidCiavpool\AppData\Local\Microsoft\Windows\INetCache\Content Outlook112VY2SMU1Arbitrators Fee Agreement.docx 3 CD 0 -o O U a) N -2 co (� CD O O co co a)c°o £t -U m g) O 2 a_ 0 O a) U RECEIPT DATE 9-ay-aa.23 RECEIVED FROM 1&vtd. APIKDRESS Vhf tlu,,drd PIM FOR No 92331 1w0 s isO.QO thLWt Ccxr ( YR UST FCt HOW PAID CASH CHECK 50 MONEY ORDER 337 BY DAVID F. CLAYPOOL PO BOX 139 PH 303-833-3999 468 HART ST FIRESTONE, CO 80520 ;04'77 owl-c)A3 Pay to the /�/, � &OattOf ,�� Order of /� By One %id (4) PREMIER MEMBERS CREDIT D I T UNION 1 G N MEMBERS C R E D I T U N I O N 360 Interlocken Blvd. Broomfield, CO 60021 (303) 657-7000 For per Date 337 82-7453; 3010 $ 1.10--roic PhotoDollars Safe it• CWaats on bast w 1VYV ii•••••t IIMIlsCLM1W•4t1gp: - J : . CLERK TO THE BOARD PHONE (970) 356-4000 EXT.4226 FAX: (970) 352-0242 1150 0 STREET P.O. BOX 758 GREELEY, CO 80632 TO: Owners, Agents/Attorneys of other than Residential Property FROM: Clerk to the Board, Weld County Board of Equalization SUBJECT: Arbitrator's Fee Agreement for other than Residential property Pursuant to C.R.S. §39-8-108.S(S)(a), an agreement as to arbitrator's fees needs to be arrived at between the parties. Pursuant to the Rules and Procedures for Arbitration adopted by the Board of Weld County Commissioners, you must contact the Assessor's representative and complete the attached agreement prior to your case being assigned to an arbitrator. The representative of the Assessor's Office is as follows: Brenda Dones, Assessor 1400 North 17th Avenue Greeley, Colorado 80631 Phone: 970-400-3650 Fax: 970-304-6433 bdonesAweldgov.com Please contact the appropriate representative as soon as possible. CLERK TO THE BOARD PHONE: (970) 400-4226 FAX: (970) 352-0242 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 August 23, 2023 DAVID CLAYPOOL PO BOX 139 FIRESTONE, CO 80520-0139 RE: Account #: R7618999 Dear David Claypool: This is to acknowledge your request for arbitration pursuant to C.R.S. §39-8-108. lnan effort to expedite handling of cases, the Weld County Board of County Commissioners has adopted rules and procedures for the arbitration process. Enclosed for your review is the list of approved arbitrators, a copy of the rules and procedures, and a petition. The petition must be completed by the property owner or legal counsel and returned to this office with the appropriate fees. Upon receipt of the petition and advancement of fees, your case will be assigned for arbitration. It is important to promptly comply with the rules and procedures to ensure that your case is dealt with in a fair and expeditious matter. Sincerely, Esther E. Gesick Weld County Clerk to the Board Encl. M:\CBOE\Binding Arbitration\2023 Appeals\R7618999 - Claypool \Letter - Petition Packet.docx Esther Gesick From: Sent: To: Subject: Attachments: Categories: David Claypool <claypool_david@comcast.net> Thursday, September 28, 2023 10:01 PM Esther Gesick Re: REQUEST FOR BINDING ARBITRATION - R7618999 - DAVID CLAYPOOL Weld County Assessor_Binding Arbitration.pdf; Arbitrators Fee Agreement.pdf Travel Required Hello, Esther! I've reviewed the schedule and selected the date/time listed below from the hearing date/time option: October 9th between 1:00 pm — 4:00 pm. - Time needed to present my case: Not expected to exceed 30 minutes. Please find attached a signed copy of the "Arbitrators Fee Agreement.pdf." You asked that I provide documents to you, the BoE, and the Assessor's Office that I plan to present to the Arbitrator at the hearing. Please find the referenced document(s) attached: "Weld County Assessor_Binding Arbitration.pdf." Late in the afternoon of 28.Sept.2023, a representative of the County Assessor's Office called me to notify me that all documents I submit are also passed across his desk. This enables the county time and information to mount a defense. In light of the foregoing, and in fairness, I request the county provide to me for free and in sufficient timely advance — a copy of all documents inclusive of all valuations, means, and methods used by the Assessor's Office regarding my case: Including all data to support the Assessor's valuation. After all, fair is fair. Such is a reasonable request in light of the foregoing. Thank you! David Claypool (303) 378-1211 On Sep 28, 2023, at 5:36 PM, Esther Gesick <egesick@weld.gov> wrote: Hello David, I'm reaching out to see if you've had an opportunity to review your schedule and select from the hearing date/time options below. Additionally, upon receipt of the Fee Agreement, I can then route the Oath to the Arbitrator. I will need this information by tomorrow in order to advise all parties of the schedule. Once this is all accomplished, then the only remaining item is to receive your prepared documents to be presented to the Arbitrator at the hearing. I look forward to hearing from you soon. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weld.gov> Sent: Monday, September 25, 2023 2:58 PM To: David Claypool <claypool david@comcast.net> Cc: Esther Gesick <egesick@weld.gov> Subject: RE: REQUEST FOR BINDING ARBITRATION - R7618999 - DAVID CLAYPOOL Hello David, I still need you to fill out the Arbitration agreement, indicate how long you will need to present and sign it. I understand that you have already submitted a payment for the full amount that will be used towards this fee. Following the hearing, the Arbitrator will address the payment breakdown in his Award determination. At that time, I will credit back the appropriate portion. 2 Additionally, please let me know which date and time would work best for you. October 9th between 1:00 pm - 4:00 pm October 10t" between 1:00 pm -4:00 pm October 12th between 9:00 am - 11:00 am Esther E. Gesick Clerk to the Board 1150 O Street' P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 <image00l .jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: David Claypool <claypool david@Icomcast.net> Sent: Monday, September 25, 2023 11:20 AM To: Esther Gesick <egesick@weld.gov> Subject: Re: REQUEST FOR BINDING ARBITRATION - R7618999 - DAVID CLAYPOOL s email origtnatedi frorri. outnyde er and :know tln:e content as safe. County G t Do not click links or ape n.attaclnvents°unl Will do. Given that the arbitrators fee agreement applies only to certain property other than residential real property, I will N/A all values prior to signing. The fee required for this process was already submitted via check with my application for same. Regards, David Claypool On Sep 25, 2023, at 10:16 AM, Esther Gesick <egesick@weld.gov> wrote: Hello David, In addition to my message below concerning your hearing date/time selection, please also review and complete the attached Arbitrator's Fee Agreement. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street' P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 3 <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weld.gov> Sent: Friday, September 22, 2023 6:40 PM To: David Claypool <claypool david@comcast.net> Cc: Esther Gesick <egesick@weld.gov> Subject: RE: REQUEST FOR BINDING ARBITRATION - R7618999 - DAVID CLAYPOOL Hello David, My apologies for the delay, but I think I've managed to coordinate the following available hearing date/time options. Per the attached Hearing Rules, you'll see that the hearing is generally scheduled for no more than 30 minutes per side for one hour total. Please let me know which date and time would work best for you. October 9th between 1:00 pm - 4:00 pm October 10th between 1:00 pm -4:00 pm October 12th between 9:00 am - 11:00 am Thank you, Esther E. Gesick Clerk to the Board 1150 O Streetl P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may oontain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weld.gov> Sent: Tuesday, September 5, 2023 10:38 AM To: David Claypool <claypool david@comcast.net> Cc: Esther Gesick <egesick@weld.gov> Subject: RE: REQUEST FOR BINDING ARBITRATION - R7618999 - DAVID CLAYPOOL Hello David, Your Arbitration packet has been received. I will work on forwarding the Oath to the selected individual and will follow-up with available dates. Thank you, Esther E. Gesick 4 Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any adios concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: David Claypool <claypool david@comcast.net> Sent: Wednesday, August 30, 2023 11:33 AM To: Esther Gesick <egesick@weld.gov> Subject: Re: REQUEST FOR BINDING ARBITRATION - R7618999 - DAVID CLAYPOOL caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you re sender and know the content is safe. - Hi, Esther! I sent all the material to you today via USPS, tracking number: El 495 483 443 US. Material is scheduled for arrival tomorrow. Please let me know if you need anything else. Thank you! David Claypool (303) 378-1211 On Aug 23, 2023, at 5:23 PM, Esther Gesick <egesick@weld.gov> wrote: Hello Mr. Claypool, My apologies for the delay and thank you for your patience. I heard back from the last of the listed arbitrators yesterday and am now able to begin working on scheduling the various requests that have been received. Please review the attached packet of information, and complete and sign the Petition, as well as the Fee Agreement. 5 Upon receipt of these documents and the corresponding fee ($150.00), then I will coordinate with the selected individual to obtain their Oath and help facilitate scheduling the date and time for a hearing. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: David Claypool <claypool david@comcast.net> Sent: Wednesday, August 23, 2023 9:58 AM To: Esther Gesick <egesick@weld.gov> Cc: Chloe White <cwhite@weld.gov> Subject: Re: Notification of Decision for Weld County Board of Equalization - 97618999 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unit sender and know the content is safe: Hi, Esther! Do you have line of sight to forecast availability? Regards, David Claypool On Aug 15, 2023, at 5:35 PM, Esther Gesick <egesick@weld.gov> wrote: Hello David, I'm waiting to hear back from one of the listed Arbitrators to confirm that they are available and willing to participate before I send out the list of names and other documents for you to complete. In the interim, my apologies for the mis-speak on the email address to submit your comments to the Board of 6 Commissioners. They may be reached at: askthecommissioners@co.weld.co.us. You will want to ensure your comments do not address the specifics of your valuation appeal (reserve those for the Arbitrator), rather, your feedback on the process, in general, will be helpful in considering any improvements to be made for next year. Thank you for your input. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 <image00l.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: David Claypool <claypool david@comcast.net> Sent: Tuesday, August 15, 2023 12:31 PM To: CTB-County Board of Equalization <weld- cboe@co.weld.co.us>; CTB-County Board of Equalization <weld-cboe@co.weld.co.us>; Assessor Mailbox <assessor@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: Re: Notification of Decision for Weld County Board of Equalization - R7618999 Caution: This email originated from outside of Weld County Government. Do not click links or open attachn sender and know the content is safe. BOARD OF EQUALIZATION - I am disappointed by the inappropriate determination made by the Board of Equalization regarding my recent review. The purpose of this email is to provide my notice to pursue arbitration to the Board of Equalization and to the Weld County Assessor. C.R.S. §39-8-108.5 was not particularly descriptive regarding next steps. Please share with me any information you may have regarding the process. Respectfully, David Claypool (303) 378-1211 On Aug 4, 2023, at 10:22 AM, CTB- County Board of Equalization <weld- cboe@co.weld.co.us>wrote: Dear CLAYPOOL DAVID F, Attached is an electronic copy of the Notice of Decision for your property appeal to the Weld County Board of Equalization. Account(s) Appealed: R7618999 Please review the letter and contact us if you have further questions. Best Regards, County Board of Equalization (970) 400-4226 weld-cboe@weld.gov www.weld.gov/Government/Departme nts/Commissioners/County-Board-of- Equalization Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. <2008242301.pdf> 8 WELD COUNTY ASSESSMENT ARBITRATION RULES AND PROCEDURES 1. SCOPE: To give taxpayers an alternative to pursuing an appeal of the County Board of Equalization's decision through either the Board of Assessment Appe Is or the District Court, an arbitration process is hereby implemented pursuant to C. R.S. 39-8-108.5, 2. ARBITRATORS: The Board of County Commissioners will maintain la list of qualified persons who shall act as arbitrators of property valuation disputes. Such listwill be kept on file in the Office of the Weld County Clerk to the Board. Such list will be u dated or revised as deemed necessary by the Board of County Commissioners. A. QUALIFICATIONS: To qualify as an arbitrator an individual, in addition to any other qualifications deemed necessary by the Board of County Commissioners, shall be experienced in the area of property taxation, and be licen ed or certificated pursuant to part 6 of Article 10 of Title 12, C.R.S. A person annot act as an arbitrator of property valuation disputes in any county during any property tax year in which such person represents or has represented any taxpa er in any matter relating to the protest and appeal of property valuation or abate ent or refund of property taxes. B. SELECTION OF ARBITRATOR: The taxpayer and the County Board of Equalization's representative shall select an arbitrator from the ist on file with the Clerk to the Board upon advancement of fees as provided or in subsequent paragraphs. In the absence of an agreement between the taxpa er and the County Board of Equalization, the District Court shall select an arbitrators from said list. C. OATH: Promptly after an arbitrator is selected, he or she shall sign, file with the County, and mail to each party the affirmation/oath set forth in tle forms section of these rules. 3. ARBITRATION PROCEDURES: A. FILING: Within thirty (30) days of the County Board of Equalizat on's decision, any taxpayer who plans to pursue arbitration shall notify the Board of kis intent to pursue arbitration. B. PETITION: After filing his intent to pursue arbitration, but no ater than close of business on the first Monday in October, the taxpayer shall file, n forms provided, along with the fees as required by subsequent paragraphs of theise rules, a petition requesting arbitration. The petition shall include the following: 1. Name of petitioner 2. Property in question -- address and schedule number. 3. Type of property -- residential or other 4. Issues for arbitration 5. Fees have been advanced, or fees are in negotiation with the County and will be advanced to be held in Trust pending the referee's decision. 6. The arbitrator designated by the petitioner. M:\CBOE\Binding Arbitration\2023 Appeals\R7618999 - Claypool\Letter - Petition Packet.docx C. FEES: Residential property -- At the time the taxpayer files his petition requesting arbitration for residential property, said taxpayer shall advance $150.00 to the Clerk to the Board of Weld County to be held in Trust to cover fees and expenses of said arbitration. Said fees will be held in Trust and will be disbursed as provided in the arbitrator's decision. The fee will be either returned to taxpayer or paid to the arbitrator depending on the arbitrator's decision. D. FEES: Other Taxable Property -- For cases concerning any taxable property other than residential real property the taxpayer shall, no later than close of business on the first Monday in October, contact the County Assessor or his/her representative to determine an estimated fee for arbitration. Fees shall be computed at $150.00 per hour rate. Upon agreement and deposit of fees with the Clerk to the Board's Office to be held in Trust pending the arbitrator's decision, the matter will be assigned to the arbitrator. The fees will be either returned to the taxpayer or paid to the arbitrator depending upon the terms of the arbitrator's decision. E. FEES: Waiver -- Any taxpayer who is unable to advance the fees from arbitration can apply for a waiver of this requirement to the Board of County Commissioners. Grounds for granting a waiver will be upon satisfactory documented proof of indigence by the taxpayer. F. HEARINGS: 1. Assignment -- Upon payment of the fees or upon waiver of fees as outlined above and the filing of the petition, the case will be assigned to the arbitrator selected in accordance with these rules. 2. Scheduling --Arbitration hearings shall be held within sixty (60) days from the date the arbitrator was selected. The hearings shall be at a time and place set by the arbitrator with the mutual consent of the taxpayer and the County Board of Equalization's representative, the Assessor. 3. Procedure -- The arbitrator shall preside at the hearing. Arbitration hearing procedures shall be informal and strict rules of evidence shall not apply, except as deemed necessary by the arbitrator in the interest of justice. All questions of law and fact shall be determined by the arbitrator. The arbitrator may determine time limitations or make other decisions in order to conduct a reasonable and fair hearing. 4. Subpoenas -- The arbitrator may issue or cause to be issued subpoenas for attendance or witnesses and for the production of books, records, documents, and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the District Court by the taxpayer or County Board of Equalization or the arbitrator, be enforced in a manner provided by law for service and enforcement of subpoenas in civil actions. M:\CBOE\Binding Arbitration\2023 Appeals\R7618999 - Claypool\Letter - Petition Packet.docx 5. Parties' attendance -- The taxpayer and County Board of Equalization shall be entitled to attend, personally or with counsel, and participate in the proceedings. Such participation may include the filing of briefs and affidavits. 6. The hearings can be open to the public; however, upon agreement of both parties, the proceeding may be confidential and closed to the public. 7. Record of Proceedings -- No record of the proceedings is required. G. ARBITRATOR'S DECISION: The arbitrator's decision shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy of his decision to the parties personally or by registered mail within ten (10) days of the hearings. Such decision shall be final and not subject to review or appeal. The arbitrator's decision shall include: 1. The County docket number. 2. The title of the document as "ARBITRATION AWARD" 3. The full case name. 4. The identities of the parties who were present at the hearing, either in person or by counsel. 5. That the arbitrator has found in favor of the taxpayer or the County Board of Equalization and against the other party. 6. The particular schedule number in question or dispute. 7 The amount of change in valuation of the subject property, if any. 8. The amount of the arbitrator's fees and expenses not including counsel's fees incurred in conducting the arbitration and which party or both are to pay those fees. NOTE: Arbitrator's fees for residential real property shall not exceed $150.00. For all other property arbitrator's fees shall be an amount agreed upon by the taxpayer and County. 9. A signature line for the arbitrator and the date of the decision. 10. Witness fees and costs -- Each party shall pay the party's own witness fees, attorney's fees and miscellaneous cost. M:\CBOE\Binding Arbitration\2023 Appeals\R7618999 - Claypool\Letter - Petition Packet.docx RESOLUTION RE: APPROVE UPDATED LIST OF ARBITRATORS FOR PROPERTY VALUATION APPEALS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on September 13, 1989, the Board adopted the Weld County Assessment Arbitration Rules and Procedures, and subsequently amended said Procedures on September 2, 2009, and WHEREAS, by Resolution #930374, dated April 2, 1993, the Board established a list of arbitrators for property valuation appeals and has, from time to time, updated said list of arbitrators, and according to said procedures, a list of qualified individuals who shall act as arbitrators of property valuation appeals shall be maintained, and WHEREAS, pursuant to SB #92-50 and effective June 1, 1993, arbitrators must be licensed or certified under the real estate appraisers licensing law, and WHEREAS, after review, the Board deems it advisable to update said list to serve as arbitrators for property valuation appeals, as specified in Exhibit "A," attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the individuals listed in Exhibit "A," be, and hereby are, established as the arbitrators for Weld County property valuation appeals. BE IT FURTHER RESOLVED by the Board that any list of arbitrators previously adopted be, and hereby by is, nullified. cc:AS ROD/31A/ssI) CR(13e/b S) 9/t /AZ 2022-2234 AS0110 UPDATED LIST OF ARBITRATORS FOR PROPERTY VALUATION APPEALS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d. J Weld County Clerk to the Board BY: Deputy Clerk to the Boa obit K. James, Chair man, Pro-Te rry L. Buc APPROVED AS TO FOR ��►teve Moreno County Attorney Date of signature: iil3/- EXCUSED Lori Saine 2022-2234 AS0110 UPDATED LIST OF ARBITRATORS FOR PROPERTY VALUATION APPEALS PAGE 3 EXHIBIT "A" LIST OF ARBITRATORS FOR PROPERTY ASSESSMENT APPEALS Sue Foster c Foster Valuation Corn ny 910 , th Avenue - 10 ado 80634 7 (office) sue Christopher Ruff c/o DRM Real Estate Advisors P.O. Box 99 Windsor, Colorado 80550 (970) 674-1313 (office) cdruffWdrmrealestate.com Kenneth Lavertu c/o Tri-County Appraisals 1635 Foxtrail Drive Loveland, Colorado 80538 (970) 888-3733 (office) (970) 481-5556 (cell) InfoCStricountvappraisals.biz Shelley K. Kechter Real Estate Appraiser — Consultant 2614 South Timberland Road, #105-175 Fort Collins, Colorado 80525 (970) 204-1400 (office) sh kech Wcomcast. net 2022-2234 AS0110 ■ °Real Re: 1.'2 . LLC Coneui, Reaesreh & Valna[iun P.O. Box 99 Windsor, Colorado 80550 Bill To Weld County Clerk to the Board PO Box 758 Greeley CO 80632 Invoice Date Invoice # 10/10/2023 8237 P.O. No. Terms CDR Due on receipt Description Amount Ne _ Arbitration Service Property Owner: David Claypool, 468 Hart Street, Firestone, 1311-30-1-08-021 Total 150.00 $150.00 Phone # 970-674-1313 Payments/Credits $0.00 Balance Due $150.00 Netd Cou, 1130OSt t P.O. t3oot 75e CheleY. C0 10$32 Mw. CO 10634 Ong Hu.. FR, Dolan PAY 'TOT. ORDER Of DMA REAL ESTATE ADVISORSPo BOX 99 LLC WINDSOR CO 80530 Weld County By Order 01.99 Board Of County CommIssfonera G ef+Qq.�• 1 632 nn.... {9770'} 3564000 FAX (874)352-0242 DATE 10,162023 ORM REAL ESTATE ADVISORS LLC PO SOX99 WINDSOR CO 8065© waww>,nrT NUhi 3388367 Mr s.a'xear �� r�.0 w�rxra.rursrmnNt �arE PwYY,t�OT $wwrrrs1�� f7rU Ft�74J�°3£i?Ht0[ MI. a. Tit NOD Esther Gesick From: Sent: To: Cc: Subject: New check received. Thank you! Chris Ruff <cdruff@drmrealestate.com> Thursday, January 25, 2024 9:03 AM Esther Gesick Cathy-TypoSearch Re: Seeking evidence of Payment for Arbitration hearings overnunlessYou`recognias Sent from my iPhone On Jan 19, 2024, at 13:16, Chris Ruff <cdruff@drmrealestate.com>wrote: Esther —thank you much! Have a great weekend. Christopher D Ruff DRM Real Estate Advisors LLC PO Box 99, Windsor CO 80550 970-674-1313 Office, 970-227-7868 Cell cdruff@drmrealestate.com From: Esther Gesick <egesick@weld.gov> Sent: Thursday, January 18, 2024 2:42 PM To: Chris Ruff <cdruff@drmrealestate.com> Cc: Esther Gesick <egesick@weld.gov> Subject: FW: Seeking evidence of Payment for Arbitration hearings So, based on the Invoice number, it confirms the Claypool invoice is the one that went AWOL. If you don't see the new check come through in your mail over the next couple of weeks, please let me know. Thanks again for reaching out to get this addressed! Esther E. Gesick Clerk to the Board 1150 O Street'P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kimberly Dewey <kdewey@weld.gov> Sent: Thursday, January 18, 2024 2:33 PM To: Esther Gesick <egesick@weld.gov> Cc: Chris D'Ovidio <cdovidio@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Chris Ruff <cdruff@drmrealestate.com> Subject: RE: Seeking evidence of Payment for Arbitration hearings The copy of the check that I just sent is the wrong one. Here is the correct copy for check 3388367 paid 10/16/23 that has not cleared our bank. A stop payment and reissue have been made. Sorry about that. 'thank watt, K.i,vu. pewee Accounts Payable Clerk Weld County PO Box 758 Greeley, CO 80632 www.weldgov.com phone: (970) 400-4443 <image005.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kimberly Dewey Sent: Thursday, January 18, 2024 2:21 PM To: Esther Gesick <egesick@weld.gov> Cc: Chris D'Ovidio <cdovidio@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Chris Ruff <cdruff@drmrealestate.com> Subject: RE: Seeking evidence of Payment for Arbitration hearings Here is a copy of the check that has not cleared our bank yet. I will begin the process to stop payment and reissue. 'thank'pa, K.I,vu. pewee Accounts Payable Clerk Weld County 2 PO Box 758 Greeley, CO 80632 www.weldgov.com phone: (970) 400-4443 <image005.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weld.gov> Sent: Thursday, January 18, 2024 2:07 PM To: Kimberly Dewey <kdewey@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Chris D'Ovidio <cdovidio@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Chris Ruff <cdruff@drmrealestate.com> Subject: FW: Seeking evidence of Payment for Arbitration hearings Hi Kim, Thank you for looking into this and verifying. Yes, please do as you suggest to Stop Payment and issue a new check. Can I get a copy of said check before it is resent, please? Do you need anything further from me? Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kimberly Dewey <kdewey@weld.gov> Sent: Thursday, January 18, 2024 12:10 PM To: Chris D'Ovidio <cdovidio@weld.gov> Cc: Esther Gesick <egesick@weld.gov> Subject: RE: Seeking evidence of Payment for Arbitration hearings According to our records two of these checks have cleared the bank, copies of checks are attached. Check 3388367 was mailed 10/16/23 and I would suggest that we place a stop payment and reissue this check. <image006.png> 3 Thank yew, fdkv. Dewed Accounts Payable Clerk Weld County PO Box 758 Greeley, CO 80632 www.weldgov.com phone: (970) 400-4443 <image005.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris D'Ovidio <cdovidio@weld.gov> Sent: Thursday, January 18, 2024 11:48 AM To: Kimberly Dewey <kdewey@weld.gov> Cc: Esther Gesick <egesick@weld.gov> Subject: FW: Seeking evidence of Payment for Arbitration hearings Can you look in Wells Fargo and see if the checks issued for the invoices listed ever cleared the bank please? Christopher D'Ovidio Accounting Department 1150 O Street Greeley, CO 80632 tel: 970-400-4447 email: cdovidio@co.weld.co.us <image007.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weld.gov> sent: Thursday, January 18, 2024 11:47 AM 4 To: Chris D'Ovidio <cdovidio@weld.gov> Cc: Esther Gesick <egesick@weld.gov> Subject: Seeking evidence of Payment for Arbitration hearings Hi Chris, I have evidence from Cheryl that we issued Banner payments for three Arbitration hearings. The DRM Real Estate Advisors called and their records show they are missing one payment. Do you have a way to verify if a check has been issued and cashed? 12313955 12315237 12315222 Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 5 Hello