HomeMy WebLinkAbout20213380.tiffARBITRATION AWARD
Taxpayer: Donald L. New Trust
VS.
WELD COUNTY BOARD OF EQUALIZATION
This matter having been stipulated on October 28th 2021
That the parties have agreed that the property in question, more fully described as:
417 3rd Street, Kersey. Colorado
L38 Thru 42 Blk6
Taxpayer Schedule Number R4154486 should be adjusted as follows:
Original Value $251.379 for tax year 2021 and 2022
Stipulated Value $225.000 for tax year 2021 and 2022
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, attorney's fees and miscellaneous costs.
DATED THIS L2? day of t-Vef`d0g(
ARBITRATOR
O:\Appeals\Arbitration12021\Donald New Trust 2021\Arbitration Award Form - stipulation - completed.docx
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Ia/13 /21
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2021-3380
A5o1o9
November 10, 2021
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 5226
FAX: (970) 352-0242
1150 O STREET
P. O. BOX 758
GREELEY, COLORADO 80632
DONALD L NEW TRUST
1630 N 35TH AVE
GREELEY, CO 80631-9477
RE: Account #: R4154486
Dear Mr. New:
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: egesick cAweldgov.com.
Sincerely,
Esther E. Gesick
Weld County Clerk to the Board
End.
M:\0BOE\Binding Arbitration\CBOE Procedures - Binding Arbitration 082321.docx
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FOR SECURITY PURPOSES, THE BORDER OF THIS DOCUMENT CONTAINS MICROPRINTING
WELD COUNTY GOVERNMENT REVOLVING FUND
1150 O Street Room 107
Greeley, CO 80631
IPTO THE Porni� Lot)
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ORDER OF
Avniogco he/4, falke-s
WELLS FARGO BANK, N.A.
GRAND JUNCTION, CO
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Esther Gesick
From:
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Attachments:
Hi Esther,
Brenda Dones
Friday, October 29, 2021 9:34 AM
Esther Gesick
Karin McDougal
Arbitration stipulation - needs to be emailed to Sue Foster
Arbitration Award Form - Donald L New Trust stipulation.pdf
Our office has reached a stipulation with Mr. New on the value of his property so we are going to be able to cancel the
arbitration hearing. However, since we are in an official arbitration process we need to have the attached document
signed by the arbitrator Sue Foster.
Karin has been a part of the entire process so here are the things we have agreed to and the steps that need to occur:
• Sue will need to sign the attached document and return it to us. I talked with her this morning (as approved by
Karin) so she is aware of the agreement. We are hoping to get this all completed by Wednesday, the date of the
hearing, and Sue said she would watch for the email and get it right back to us. Would you please send this
attachment to her?
• As you can see in the agreement, Mr. New will not pay any costs so his money will need to be refunded. Weld
County will pay $75 to Sue for her services.
After that I think we are done with this one!
Please let me know if I can be of any help and thank you so much for all of your work coordinating and handling this
process. It is very appreciated!!!
Thanks,
Brenda
Brenda Dones
Weld County Assessor
970-400-3699
bdones@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
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1
WELD COUNTY, COLORADO
OATH OF ARBITRATOR
TAXPAYER: Dorafd L. New -Tr (Admi t A'154/04)
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 impartiality
or create an appearance of partiality or bias except:
SIGNATURE
September 30, 2021
DATE
M:\CBOE\Binding Arbitratlon\2021 Appeals\Oath of Arbitrator 092221 - Sue Foster - R4154486 - NEW DONALD L TRUST.docx
CLERK TO THE BOARD
PHONE (970) 356-4000 EXT.4226
FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, CO 80632
September 22, 2021
TO: ARBITRATOR / TAXPAYER / ASSESSOR
RE: DONALD L. NEW TRUST v. WELD COUNTY BOARD OF EQUALIZATION
(ACCOUNT R4154486)
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
Sue Foster, c/o Foster Valuation Company, 910 54th Avenue, Suite 210, Greeley, Colorado 80634,
who will serve as arbitrator in this matter. Upon filing of the oath of affirmation with the Clerk to
the Board, the arbitrator will contact the parties to schedule the matter for hearing.
teeek.
CLERK TO THE BOARD
M:\0BOE\Binding Arbitration\2021 Appeals\Oath of Arbitrator 092221 - Sue Foster - R4154486 - NEW DONALD L TRUST.docx
PETITION FOR ARBITRATION
Taxpayer 0)1/49-41.1 47r:4W
aP4(A tad -Try
v.
WELD COUNTY BOARD OF EQUALIZATION
RECEIVED
SEP 0 7 2021
OMMISS ON R
. 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; , f/ erci 6 %5e(„V
Rzyv
with Tax Schedule Number Rii/5`l0°p
3. That the property is (residential real property) (other property). State classification of
the property if other than residential, i.e., personal, commercial, vacant land, etc.:
We5deStill
4. That the residential arbitration fee in the amount of $150.00 is hereby advanced, to be held
in Trust pending a decision of the arbitrator;
OR
5. That the fee estimate of $ 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 s(,I Peciler be named and assigned as Arbitrator.
That the ollowing issues are in nee• of arbitration:
PETITIONER'S SIGNATURE:
Printed NAME:
ADDRESS: p /� 3-44)%e
PHONE #: ) 35/ 64(79
GF( • r tif---
_ Date
rc ,yd ied37
E-mai n.��e�w rvikwe earl
M:\CBOE\Binding Arbitration\CBOE Procedures - Binding Arbitration 082321.docx
R-4154486
RECEIVED
Lots -5
Square Feet -759
Basement --
Bedrooms --2
Baths —1
Rooms -- 4
Garage -- 432'
Shed --
YEAR BUILT. —1908
ACTUAL VALUE — $170129.00
Peg LOT ACTUAL VALUE— $16250.00
SEP 212021
WELD COUNTY
"OMMISSI0NERS
Please note:
These lots cannot be as valuable as other lots in Town. Sometime in the past these lots were
sold for Taxes. The County then, retained the mineral rights to these lots, therefore the value
has to be lowered!!
I did receive two checks from PDC Energy, when the checks stopped, I called PDC and was
told the above. I believe strongly the County did an improper transaction when the County
retained the mineral rights at a tax sale. The County should transfer all interest in a property to
the person that bought the property at the tax sale. Now, this same County is telling me that
after they confiscated my mineral rights, that my lots are valued the same as lots with mineral
rights!!
I CANNOT UNDERSTAND THIS LINE OF LOGIC!!
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R4141586
Lots 5
Square Feet --_1224
Basement -548.
Bedroom --3
Baths— -1
Rooms -6
Garage — D 320'
Shed 280"
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7.1
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YEAR BUILT. - 1907
ACTUAL VALUE - $116585.00
Psi� LOT ACTUAL VALUE $16250.00
DG
20.0'
14.1,
Shed
_`0.1
R-4132886
Lots -8
Square Feet 1184
Basement— 480"
Bedroom -3
Baths -1
Rooms —
Garage -- 576"
Shed --
11
24.0'
r l'
19
16 i.'
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7 W
2255'
"3.2..0
YEAR BUILT. —1951
ACTUAL VALUE —$121009.00
pp( LOT ACTUAL VALUE —$16250.00
R-4133886
Lots -3
Square Feet 1260
Basement —
Bedrooms — 2
Baths -1
Rooms --4
Garage —494'
Shed 286
YEAR BUILT. 1900
ACTUAL VALUE -- $131771.00
)-3g LOT ACTUAL VALUE— $16250.00
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R-4148686
Lots — 3
Square Feet -- 980
Basement— 880
Bedrooms -- 2
Baths -1
Rooms —5
Garage --- 400
Shed —
T
•
11B
I v
o&B' EP
YEAR BUILT — 1904
ACTUAL VALUE — $112731.00
9�g LOT ACTUAL VALUE $16250.00
R-0379494.
.379494
Lots -405
Square Feet —1263
Basement —
Bedrooms — 3
Baths -2
Rooms —5
Garage —624
Shed —
setoi, art.. Dr°'
YEAR BUILT 1890
ACTUAL VALUE --
122278.00
fgg LOT I UN.. VALUE-- $10250.00
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ORDER
ORDER `.
4 rlfo5
BY Atiiuv
August 30, 2021
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 5226
FAX: (970) 352-0242
1150 O STREET
P. O. BOX 758
GREELEY, COLORADO 80632
NEW DONALD L TRUST
1630 N 35TH AVE
GREELEY, CO 80631-9477
RE: Account #: R4154486
Dear Mr. New:
This is to acknowledge your request for arbitration pursuant to C.R.S. §39-8-108, and in an
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,
sther E. Gesick
Weld County Clerk to the Board
Encl.
M:\CBOE\Binding Arbitration\CBOE Procedures - Binding Arbitration 082321,docx
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tanat4°L,. • -Trams
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1. Article Addressed to:
Nita:banal/1 LTrust
11,3o N. 35Th ASE
GQE&Lc), CU 07d403N-Qy77
1
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11111
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9590 9402 4445 8248 1201 96
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7017 1450 0000 9675 3238
PS Form 3811, July 2015 PSN 7530-02-000-9053
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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\CBOE Procedures - Binding Arbitration 082321.docx
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.
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.
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\CBOE Procedures - Binding Arbitration 082321,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\CBOE Procedures - Binding Arbitration 082321.docx
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Hello Mr. New,
Esther Gesick
Monday, August 30, 2021 1:06 PM
bonnie.new@icloud.com
Esther Gesick
Request for Binding Arbitration - Donald L New Trust (R4154486)
This message is to advise you that a packet of information concerning your request to pursue Binding Arbitration was
sent to your attention today via Certified Mail. If you do not receive said envelope in the next week or so, please let me
know.
Thank you, and have a nice day!
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.
1
Hello