HomeMy WebLinkAbout20232971.tiffARBITRATION AWARD
Taxpayer: F & S PETROLEUM LLC
VS.
WELD COUNTY BOARD OF EQUALIZATION
This matter having been stipulated on October 2, 2023 .
That the parties have agreed that the property in question, more fully described as:
101 E 22n° St. Greeley. CO
GR PMU1R ENVELOPE 1 BLK1 PARKVIEW MIXED USE 1ST RPLT
Taxpayer Schedule Number R2390903 should be adjusted as follows:
Original Value $1,564,800 for tax year 2023 and 2024
Stipulated Value $1,335,160 for tax year 2023 and 2024
That the arbitrator has reviewed and accepted the stipulated agreement.
That the arbitrator's fees for conducting this matter are $75.00
That said fees are to be paid as follows:
$75.00 to be paid by Weld County
That each party -shall pay their own witness -fees, attorneys fees and miscellaneous costs.
DATED THIS 3 DAY OF Q�TO i3ER' 0(903
ARBITRATOR
https://wetdgov-my.sharepoint.com/personaUtreddick co_weld_co_us/Dowments/Workfiles/1.C-
Store/R2390903.101.E.22nd.St.Greeley.Sherry's.Market/Appeal.Abatement/2023.Arbitration/R2390903 Arbitration Award Form -
stipulation.docx
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10/5/23
2023-2971
ASO1 15
WELD COUNTY, COLORADO
OATH OF ARBITRATOR
TAXPAYER: F & S PETROLEUM LLC
v.
WELD COUNTY BOARD OF EQUALIZATION
I solemnly swear and affirm under penalty of perjury that I meet the qualifications
of C.R.S. §39-8-108.5, that I will be completely impartial, and that I will fairly and justly
determine the issues placed before me.
I further swear and affirm that I have no financial or personal interest in the outcome of
the arbitration of this case, and have no existing or past financial, business, professional, family
or social relationships with any of the parties or their attorneys that will affect my impartially
or create an appearance of partiality or bias except:
DATE
C:\Users\Chris\AppData\local\Microsoft\Windows\INetCache\Content.0utlook\EVQZTRUO\Oath of Arbitrator - R390903 - F S Petroleum.docx
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Chris Ruff <cdruff@drmrealestate.com>
Tuesday, October 3, 2023 10:33 AM
Karin McDougal
Esther Gesick
RE: Stipulations for cases seek arbitration
Caution: This email originated from outside of Weld County Government. Do not click links or open; attachments unless you recognize the
sender and know the content is safe.
Yes, I can do that.
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: Karin McDougal <kmcdougal@weld.gov>
Sent: Tuesday, October 3, 2023 10:27 AM
To: Chris Ruff <cdruff@drmrealestate.com>
Cc: Esther Gesick <egesick@weld.gov>
Subject: Stipulations for cases seek arbitration
Good morning Chris,
We have two cases where the Assessor's office has reached an agreement with the landowner who chose arbitration. In
the past, we have created an agreement between the two parties and then had an Arbitrator from our list review and
sign off on it, similar to the process used by the BAA. We have paid the Arbitrator the County's half of the fee for an
arbitration hearing ($75.00) to review it and sign off on it.
Is this something you would be willing to do for the County?
Thanks. Karin
Karin McDougal
Deputy County Attorney
Weld County Attorney's Office
1150 "0" Street
Greeley, CO 80631
970-400-4396
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged
and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by replying and delete the message.
Thank you.
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Jason Marini
Tuesday, October 3, 2023 7:44 AM
Tim Reddick; Esther Gesick
Karin McDougal
RE: Notification of Decision for Weld County Board of Equalization - R2390903
R2390903 Arbitration Award Form - stipulation.pdf
Categories: Travel Required
Here is the completed "stipulation" form for the F & S Petroleum binding arbitration appeal.
Please let us know if you need anything else.
Jason Marini
Chief Deputy Assessor
Weld County Assessor's Office
970-400-3691
jmarini@weldgov.com
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: Tim Reddick <treddick@weld.gov>
Sent: Monday, October 2, 2023 3:56 PM
To: Esther Gesick <egesick@weld.gov>
Cc: Jason Marini <jmarini@weld.gov>
Subject: RE: Notification of Decision for Weld County Board of Equalization - R2390903
Hi Esther,
Mr. Choudhry and I spoke this afternoon and came to agreement on a compromised value for his property
($1,335,160). I have completed paperwork and forwarded the same to Jason Marini for review. He will send to
you after his review. Please let me know if you have any questions in the interim.
Best,
Tim Reddick
Property Appraiser
Commercial Division
Weld County Assessor's Office
1400 N 17th Avenue
Greeley, CO 80631
Office: (970) 400-3673
what are the fees and where are they listed?
Mo Choudhry
On Wednesday, September 20, 2023 at 05:11:40 PM MDT, Esther Gesick <egesick@weld.gov> wrote:
Hello,
In response to your email below, please review and complete the attached Petition for Arbitration and
send the estimated Arbitration Fee amount to my attention at the address below. Upon receipt I will
provide available hearing dates and coordinate with the selected Arbitrator on your behalf.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O StreetI P. O. Box 7581 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: CTB-County Board of Equalization <weld-cboeaco.weld.co.us>
Sent: Tuesday, September 5, 2023 6:30 AM
To: Mo Choudhry <choudhrymo@yahoo.com>; CTB-County Board of Equalization <weld-
cboe@co.weld.co.us>
4
Cc: Esther Gesick <egesick@weld.gov>
Subject: RE: Notification of Decision for Weld County Board of Equalization - R2390903
Good morning,
Thank you for your inquiry regarding binding arbitration. By copy on this message, I am asking Esther
Gesick, Weld County Clerk to the Board, to assist you.
Sincere regards,
Chloe A. White
Deputy Clerk to the Board Supervisor
Weld County Clerk to the Board's Office
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4213
Email: cwhite(aiweld.gov
<image003.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: Mo Choudhry <choudhrymoEtyahoo.com>
Sent: Monday, September 4, 2023 9:24 PM
To: CTB-County Board of Equalization <weld-cboeCatco.weld.co.us>
Subject: Re: Notification of Decision for Weld County Board of Equalization - R2390903
5
County Board of Equalization
(970) 400-4226
weld-cboe@weld.gov
www.weld.gov/Government/Departments/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.
<image002.jpg>
<image003.jpg>
7
CLERK TO THE BOARD
PHONE: (970) 400-4226
FAX: (970) 352-0242
1150 O STREET
P. O. BOX 758
GREELEY, CO 80632
September 20, 2023
ATTN: MUHAMMAD CHOUDHRY
F & S PETROLEUM INC.
27755 E. MORAINE DR
AURORA CO 80016-7325
RE: Account #: R2390903
TO: F & S PETROLEUM INC., ATTN: MUHAMMAD CHOUDHRY
This is to acknowledge your request for arbitration pursuant to C.R.S. §39-8-108. 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\R2390903 - Muhammad Choudhry\CBOE Procedures - Binding Arbitration - R2390903.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:ASROD /sM/n►c) CACs !ces)
/22
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
WEED COUNTY, COLORADO
ATTEST: �j Aj
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
APPROVED AS TO FOR
County Attorney
Date of signature: T(3/
c6�t K. James, Chair
man, Pro-Te
ry L. Buc
i/Z-c›,x-vL-;
teve Moreno
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
e Foster pp����
c/o ter Valuati•- ompany �,�
910 54th • . e, Suite 10 r1 r� Gil
Greel- olo - •.806344 1" °��
62°2-3
Christopher Ruff
do DRM Real Estate Advisors
P.O. Box 99
Windsor, Colorado 80550
Kenneth Lavertu
c/o Tri-County Appraisals
1635 Foxtraii Drive
Loveland, Colorado 80538
Shelley K. Kechter
Real Estate Appraiser— Consultant
2614 South Timberland Road, #105-175
Fort Collins. Colorado 80525
2022-2234
AS0110
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 Appeals 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 a list of qualified
persons who shall act as arbitrators of property valuation disputes. Such list will be kept on
file in the Office of the Weld County Clerk to the Board. Such list will be updated 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 licensed or certificated
pursuant to part 6 of Article 10 of Title 12, C.R.S. A person cannot 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 taxpayer in any matter
relating to the protest and appeal of property valuation or abatement 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 list on file with the
Clerk to the Board upon advancement of fees as provided for in subsequent
paragraphs. In the absence of an agreement between the taxpayer and the County
Board of Equalization, the District Court shall select an arbitrator 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 the forms section of
these rules.
3. ARBITRATION PROCEDURES:
A. FILING: Within thirty (30) days of the County Board of Equalization's decision, any
taxpayer who plans to pursue arbitration shall notify the Board of his intent to pursue
arbitration.
B. PETITION: After filing his intent to pursue arbitration, but no later than close of
business on the first Monday in October, the taxpayer shall file, on forms provided,
along with the fees as required by subsequent paragraphs of these 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\R2390903 - Muhammad Choudhry\CBOE Procedures - Binding Arbitration - R2390903.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.
MACBOE\Binding Arbitration \2023 Appeals\R2390903 - Muhammad Choudhry\CBOE Procedures - Binding Arbitration - R2390903.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 subiect 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\R2390903 - Muhammad Choudhry\CBOE Procedures - Binding Arbitration - R2390903.docx
•
■DRM Real Estate Ad r,5:. LLC
Cmeul, Rcvenrch & Valuation
P.O. Box 99
Windsor, Colorado 80550
Bill To
Weld County Clerk to the Board
PO Box 758
Greeley CO 80632
Invoice
Date
Invoice #
10/4/2023
8228
P.O. No.
Terms
CDR
Due on receipt
Description
Amount
Arbitration Service
Property Owner: F&S Petroleum R-2390903
Arbitration Service
Property Owner: Lori Schreiber R-1100096
be _
Total
75.00
75.00
$150.00
Phone #
970-674-1313
Payments/Credits
$0.00
Balance Due
$150.00
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Esther Gesick
Wednesday, October 4, 2023 4:40 PM
Mo Choudhry
Esther Gesick; Tim Reddick; Jason Marini; Karin McDougal
RE: Notification of Decision for Weld County Board of Equalization - R2390903
Binding Arbitration - R2390903 - Final Packet.pdf
Hello Mo,
Please see the attached copy of the final packet. If you need anything further, please let me know.
Regards,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
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: Mo Choudhry <choudhrymo@yahoo.com>
Sent: Monday, October 2, 2023 3:50 PM
To: Esther Gesick <egesick@weld.gov>; Tim Reddick <treddick@weld.gov>
Subject: Re: Notification of Decision for Weld County Board of Equalization - R2390903
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Esther,
Change of plan, As per phone conversation with Mr Reddick a few minutes ago, Mr Reddick stated and agreed, that he
will file required paperwork to fix the valuation a bit at aprx $ 1,335,460.00 and that i dont need to file any papers for
arbitration and will not cost me anything.
I will wait to get the new corrected valuation notice or letter sent to me.
Thank you ALL.
Mo Choudhry
F& S Petroleum Inc
720-352-9002
On Thursday, September 28, 2023 at 05:40:20 PM MDT, Esther Gesick <eciesickGiweld.ctov> wrote:
Hello