HomeMy WebLinkAbout20202200.tiffCOUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number R0219987
STIPULATION (As To Tax Year 2020 Actual Value)
RE PETITION OF :
NAME: AMALGAMATED SUGAR CO
ADDRESS: 25 Walnut St
Windsor, CO
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2020 valuation of the subject property, and jointly move the
Board of Equalization to enter its order based on this Stipulation.
Petitioner (s) and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
WIN 23514-A PT NE4 21 6 67 (UNIVERSAL FOREST PRODUCTS ANNEX)
COM NE COR SEC SOD09'W 961.02' TO C/L MAIN TRACK COLO &
SOUTHERN RR CO N70D56'W 1787.60' TO E LN TOWN OF WINDSOR 2ND
2. The subject property is classified as Commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2020 :
Total $1,474,139.00
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2020 actual value for the subject property:
Total $1,425,744.00
5. The valuation, as established above, shall be binding only with respect to tax
year 2020 .
6. Brief narrative as to why the reduction was made:
After a review of the 3 approaches to value an adjustment was determined.
7. Both parties agree that:
The hearing scheduled before the Board of Equalization on 7/30/2020
at 1:30 be vacated.
nA hearing has not yet been scheduled before the Board of Equalization.
1
aoao- as oa
ASotoG'
DATED this 22 day of July , 2020 .
Nei/ wo/fe
Neil Wolfe .),j33 23, ._0212 09:54 PD':.
Petitioner(s) or Agent or Attorney
Address:
20830 N Tatum Blvd., Ste. 390
Phoenix, AZ 85050
Telephone: 602-315-4355
Docket Number R0219987
Stip-1.Frm
(Assistant) County Attorney for
Respondent, Weld County Board of
Commissioners
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Telephone:(970) 336-7235
Chief Deputy
County Assessor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 400-3650
2
R0219987 AMALGAMATED SUGAR CO
Final Audit Report
2020-07-23
Created: 2020-07-22
By: SUE GUNDRY (sgundry@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAzp9srBIJ4prp7oiojozD5yEgBI6Rbl2P
"R0219987 AMALGAMATED SUGAR CO" History
'it Document created by SUE GUNDRY (sgundry@co.weld.co.us)
2020-07-22 - 8:34:53 PM GMT- IP address: 204.133.39.9
Document emailed to SUE GUNDRY (sgundry@co.weld.co.us) for approval
2020-07-22 - 8:34:55 PM GMT
r Document approved by SUE GUNDRY (sgundry@co.weld.co.us)
Approval Date: 2020-07-22 - 8:38:56 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Wade Melies (wmelies@weldgov.com) for approval
2020-07-22 - 8:38:58 PM GMT
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Document approved by Wade Melies (wmelies@weldgov.com)
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Document emailed to Jason Marini (appeals@weldgov.com) for signature
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Document e -signed by Jason Marini (appeals@weldgov.com)
Signature Date: 2020-07-22 - 11:08:17 PM GMT - Time Source: server- IP address: 204.133.39.9
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Document e -signed by Neil Wolfe (nwolfe@dmainc.com)
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Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature
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C,, Document e -signed by Karin McDougal (weld-cboe@weldgov.com)
Signature Date: 2020-07-23 - 8:37:56 PM GMT - Time Source: server- IP address: 204.133.39.9
Signed document emailed to Karin McDougal (weld-cboe@weldgov.com), Neil Wolfe (nwolfe@dmainc.com),
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2020-07-23 - 8:37:56 PM GMT
Adobe Sign
NOTICE OF DETERMINATION
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
R0219987
RECEIVED
JUL 17 2020
WELD COUNTY
COMMISSIONERS
Date of Notice: 6/26/2020
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM - 5:00PM
TAX YEAR
TAX AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
2020
0420
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w..
a!'
O
cc
a.
AMALGAMATED SUGAR CO
1951 S SATURN WAY STE 100
BOISE, ID 83709-2924
COMMERCIAL
PROPERTY CLASSIFICATION
WIN 23514-A PT NE4 21 6 67 (UNIVERSAL
FOREST PRODUCTS ANNEX) COM NE COR SEC SO
D09'W 961.02' TO C/L MAIN TRACK COLO & S
OUTHERN RR CO N70D56'W 1787.60' TO E LN
TOWN OF WINDSOR 2ND FILING S01 D37'W 115.
3' TO TRUE POB S70D56'E 451.44' S19D07'W
25 WALNUT ST WINDSOR
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
1,474,139
1,474,139
TOTAL
1,474,139
1,474,139
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based on
the following:
CM05 - The law requires that data from Jan 2017 to June 2018 be used to establish current values.
We have considered all three approaches to value and we have denied your appeal based upon this
data.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration §39-8-106(1)(a), C.R.S.
The deadline for filing real property appeals is July 15.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The mill levy requested by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
Agent (If Applicable):
DUCHARME MCMILLEN & ASSOC INC
20830 NORTH TATUM BLVD SUITE 390
PHOENIX, AZ 85050
15-DPT-AR
PR 207-08/13
R0219987
2020-2200
A5O(oco
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 27th through August 3ra at 1150 O Street.
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown
below, and mail, file online, or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: www.co.weld.co.us/appsl/cboe/
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property — after such date, your right to
appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we
recommend that all correspondence be mailed with proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County Board of
Equalization must mail a written decision to you within five business days following the date of the
decision. The County Board of Equalization must conclude hearings and render decisions by August
5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and
you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by
September 10, § 39-2-125(1)(e), C.R.S.
if you are dissatisfied with the County Board of Equalization's decision and you wish to continue your
appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of
the following:
Board of Assessment Appeals District Court
1313 Sherman Street, Room 315 Contact the District Court in the County
Denver, CO 80203 where the property is located. See your
(303) 866-5880 local telephone book for the address and
www.dola.colorado.aov/baa telephone number.
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document
falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed
on the next business day, § 39-1-920(3), C.R.S.
PETITION TO COUNTY BOARD OF EQUALIZATION
What is your estimate of the property's value as of June 30, 2018? (Your opinion of value in terms of a
specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.)
$ 400,000
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original
installed cost, appraisal, etc.)
Cost approach indicates the current assessment is excessive. Would like to discuss obsolescence, different
cost components and double taxation issues with the assessor. In addition, the land is inequitably assessed
rnmparert to cimil2r pmpertiec in_the area
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
and on any ats reto are true and complete.
480-419-2556, ext.2515 7/10/2020
Signature
nwolfe@dmainc.com
Telephone Number Date
Email Address
' Attach letter of authorization signed by property owner.
15 -OPT -AR
PR 207-08/13
R0219987
AN EXTENSION OF YOUR TAX DEPARTMENT
Via Certified Mail Tracking #7019 1120 0000 3296 1062
Return Receipt
July 10, 2020
Weld County Board of Equalization
1150 O Street,
Greeley, CO 80631
RE: Amalgamated Sugar Company Llc
25 Walnut St, Windsor, CO
Account: 80219987
To Whom It May Concern:
DuCharme, McMillen & Associates, Inc. is the duly authorized representative for the above referenced
taxpayer. We would like to appeal the Assessor's decision to the County Board of Equalization for the
above referenced property. Enclosed is the completed petition form, signed Letter of Agency form and
supporting document.
The 2020 real estate assessment is $1,474,139. Cost approach indicates the current assessment is
excessive. In addition, the subject land is inequitably assessed compared to similar properties in the area,
please see below:
R1497686 9.41 ac- $888,972 or $2.17 psf.
R1583286 3.36 ac- $386,395 or $2.64 psf.
In the end, we would like to request a value of $400,000 for this property.
We would like to kindly request the hearing be scheduled on July 27, 28 or August 3. Please ensure that
all Notices and other correspondence related to this appeal be directed to me. If you have any questions,
please feel free to contact me at nwolfe@dmainc.com, or 480-419-2556, extension 2515.
Sincerely,
Neil Wolfe
Senior Tax Manager
Enclosures
DMA - DUCHARME, MCMILLEN & ASSOCIATES, INC. I DMAINC.COM
20830 N. Tatum Blvd., Suite 390 I Phoenix, AZ 85050 1480-419-2556 I Fax: 480-419-2597
PROPERTY TAX
LETTER OF AGENCY
Date: /eO /O0
This authorizes:
Agent's Name
Business Address
Telephone No.
DuCharme, McMillen & Associates, Inc.
20830 North Tatum Boulevard, Suite #390, Phoenix, AZ 85050
(480) 419-2556 Fax No. (480) 419-2597
to represent the undersigned in all matters of property tax assessments before any governmental assessing
officials or any other authority having jurisdiction regarding the assessments levied on the following
described property in Weld County, Colorado:
Amalgamated Sugar Company
25 Walnut St, Windsor, CO
Account: R0219987
This authorization is specific to the following tax year(s): 2019p20 and 2020p21
gioAt'S'
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(Typed Signature)
(Corporate Title)
(Company)
NIN
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II
7019 1120 0000 3296 1062
DuCharme, McMillen & Associates, Inc.
20830 N. Tatum Blvd. I Suite 390 I Phoenix, AZ 85050
Weld County Board of Equalization
1150 O Street,
Greeley, CO 80631
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FIRST-CLASS MAIL
$007.052' P 85050 a-
07/10/2020
043M30210822 D
July 17, 2020
Petitioner:
AMALGAMATED SUGAR CO
1951 S SATURN WAY STE 100
BOISE, ID 83709-2924
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBS ITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
DUCHARME MCMILLEN &
ASSOC INC
20830 NORTH TATUM BLVD
SUITE 390
PHOENIX, AZ 85050
RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2020-2200, AS0106 Appeal 2008226281 Hearing 7/30/2020 1:30 PM
Account(s) Appealed:
R0219987
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of July 30, 2020, at or about the hour of 1:30
PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado.
You have a right to attend this hearing and present evidence in support of your petition. The Weld
County Assessor or his designee will be present. The Board will make its decision on the basis of
the record made at the aforementioned hearing, as well as your petition, so it would be in your
interest to have a representative present. If you plan to be represented by an agent or an attorney
at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an
authorization for the agent or attorney to represent you. If you do not choose to attend this hearing,
a decision will still be made by the Board by the close of business on August 5, 2020, and mailed to
you within five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10
minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide
evidence to support your position. This may include evidence that similar homes in your area are
valued less than yours or you are being assessed on improvements you do not have. Please note:
The fact that your valuation has increased cannot be your sole basis of appeal. Without
documented evidence as indicated above, the Board will have no choice but to deny your appeal.
If you wish to discuss your value with the Assessor's Office, please call them at (970) 400-3650. If
you wish to obtain the data supporting the Assessor's valuation of your property, please submit a
written request to assessor@weldgov.com. Upon receipt of your written request, the Assessor will
notify you of the estimated cost of providing such information. Payment must be made prior to the
Assessor providing such information, at which time the Assessor will make the data available within
three (3) working days, subject to any confidentiality requirements.
Please advise me if you decide not to keep your appointment as scheduled. If you need any
additional information, please call me at your convenience.
Very truly yours,
BOARD OF EQUALIZATION
LPLIs./o:yf G'i.
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Assessor
July 17, 2020
Agent: Petitioner:
DUCHARME MCMILLEN & ASSOC
INC
20830 NORTH TATUM BLVD SUITE
390
PHOENIX, AZ 85050
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
AMALGAMATED SUGAR CO
1951 S SATURN WAY STE 100
BOISE, ID 83709-2924
RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2020-2200, AS0106 Appeal 2008226281 Hearing 7/30/2020 1:30 PM
Account(s) Appealed:
R0219987
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of July 30, 2020, at or about the hour of 1:30
PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado.
You have a right to attend this hearing and present evidence in support of your petition. The Weld
County Assessor or his designee will be present. The Board will make its decision on the basis of
the record made at the aforementioned hearing, as well as your petition, so it would be in your
interest to have a representative present. If you plan to be represented by an agent or an attorney
at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an
authorization for the agent or attorney to represent you. If you do not choose to attend this hearing,
a decision will still be made by the Board by the close of business on August 5, 2020, and mailed to
you within five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10
minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide
evidence to support your position. This may include evidence that similar homes in your area are
valued less than yours or you are being assessed on improvements you do not have. Please note:
The fact that your valuation has increased cannot be your sole basis of appeal. Without
documented evidence as indicated above, the Board will have no choice but to deny your appeal.
If you wish to discuss your value with the Assessor's Office, please call them at (970) 400-3650. If
you wish to obtain the data supporting the Assessor's valuation of your property, please submit a
written request to assessor@weldgov.com. Upon receipt of your written request, the Assessor will
notify you of the estimated cost of providing such information. Payment must be made prior to the
Assessor providing such information, at which time the Assessor will make the data available within
three (3) working days, subject to any confidentiality requirements.
Please advise me if you decide not to keep your appointment as scheduled. If you need any
additional information, please call me at your convenience.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Assessor
August 3, 2020
Petitioner:
AMALGAMATED SUGAR CO
1951 S SATURN WAY STE 100
BOISE, ID 83709-2924
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
DUCHARME MCMILLEN & ASSOC INC
20830 NORTH TATUM BLVD SUITE 390
PHOENIX, AZ 85050
RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2020-2200 Appeal 2008226281 Hearing
Dear Petitioner:
On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and
acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of
the Weld County Assessor's valuation of your property described above, for the year 2020.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R0219987 Stipulated - Approved
Stipulated Value
$1,474,139 $1,425,744
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30)
days of the date the denial is mailed to you. You must select only one of the following three (3)
options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of
Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board
will be the last time you may present testimony or exhibits or other evidence, or call witnesses in
support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to
the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your
hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate
court.
All appeals to the Board of Assessment Appeals filed after August 10, 2020, MUST comply with the
following provisions of C.R.S. §39-8-107(5):
(5)(a)(I) On and after August 10, 2020, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals
pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall
provide to the County Board of Equalization or to the Board of County Commissioners of the County in the
case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within
ninety days after the appeal has been filed with the Board of Assessment Appeals.
(b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the
County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an
appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's
request, the following information:
(A) All of the underlying data used by the county in calculating the value of the subject property that is being
appealed, including the capitalization rate for such property; and
(B) The names of any commercially available and copyrighted publications used in calculating the value of
the subject property.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move
the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the County Attorney and shall be
accompanied by a certification that the County Assessor or the County Board of Equalization has in good
faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action
by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c)
and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders
in regard to the noncompliance as are just and reasonable under the circumstances, including an order
dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer
shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest
shall resume as of the date the contested information has been provided by the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be
mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to
you
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: (303) 864-7710
Email: baa@state.co.us
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the
first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent
must pay a fee of $101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the
District Court of the county wherein your property is located: in this case that is Weld County District
Court. A hearing before The District Court will be the last time you may present testimony or exhibits
or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is
further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado
appellate review and C.R.S. §24-4-106(9), govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this
option, the arbitrator's decision is final and you have no further right to appeal your current
valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue
arbitration. You and the Board of Equalization will select an arbitrator from the official list of
qualified people. If you cannot agree on an arbitrator, the District Court of the county in which
the property is located (i.e. Weld) will select the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the
date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of
Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator
has the authority to issue subpoenas for witnesses, books, records documents and other
evidence pertaining to the value of the property. The arbitrator also has the authority to
administer oaths, and determine all questions of law and fact presented to him. The
arbitration hearing may be confidential and closed to the public if you and the Board of
Equalization agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the
Board of Equalization. In the case of residential real property, the fess may not exceed
$150.00 per case. For cases other than residential real property, the arbitrator's total fees
and expenses are agreed to by you and Board of Equalization, but are paid by the parties as
ordered by the arbitrator.
If you have questions concerning the above information, please call me at (970) 400-4226.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
August 3, 2020
Agent:
DUCHARME MCMILLEN & ASSOC INC
20830 NORTH TATUM BLVD SUITE 390
PHOENIX, AZ 85050
Petitioner:
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
AMALGAMATED SUGAR CO
1951 S SATURN WAY STE 100
BOISE, ID 83709-2924
RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2020-2200 Appeal 2008226281 Hearing
Dear Petitioner:
On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and
acting as the Board of Equalization, pursuant to C.R.S. §39-8-101et seq., considered petition for appeal of
the Weld County Assessor's valuation of your property described above, for the year 2020.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R0219987 Stipulated - Approved
Stipulated Value
$1,474,139 $1,425,744
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30)
days of the date the denial is mailed to you. You must select only one of the following three (3)
options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of
Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board
will be the last time you may present testimony or exhibits or other evidence, or call witnesses in
support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to
the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your
hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate
court.
All appeals to the Board of Assessment Appeals filed after August 10, 2020, MUST comply with the
following provisions of C.R.S. §39-8-107(5):
(5)(a)(I) On and after August 10, 2020, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals
pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall
provide to the county Board of Equalization or to the Board of County Commissioners of the County in the
case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within
ninety days after the appeal has been filed with the board of assessment appeals.
(b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the
County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an
appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's
request, the following information:
(A) All of the underlying data used by the county in calculating the value of the subject property that is being
appealed, including the capitalization rate for such property; and
(B) The names of any commercially available and copyrighted publications used in calculating the value of
the subject property.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move
the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the County Attorney and shall be
accompanied by a certification that the County Assessor or the County Board of Equalization has in good
faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action
by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c)
and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders
in regard to the noncompliance as are just and reasonable under the circumstances, including an order
dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer
shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest
shall resume as of the date the contested information has been provided by the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be
mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to
you
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: (303) 864-7710
Email: baa@state.co.us
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the
District Court of the county wherein your property is located: in this case that is Weld County District
Court. A hearing before The District Court will be the last time you may present testimony or exhibits
or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is
further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado
appellate review and C.R.S. §24-4-106(9), govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this
option, the arbitrator's decision is final and you have no further right to appeal your current
valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue
arbitration. You and the Board of Equalization will select an arbitrator from the official list of
qualified people. If you cannot agree on an arbitrator, the District Court of the county in which
the property is located (i.e. Weld) will select the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the
date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of
Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator
has the authority to issue subpoenas for witnesses, books, records documents and other
evidence pertaining to the value of the property. The arbitrator also has the authority to
administer oaths, and determine all questions of law and fact presented to him. The
arbitration hearing may be confidential and closed to the public if you and the Board of
Equalization agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the
Board of Equalization. In the case of residential real property, the fess may not exceed
$150.00 per case. For cases other than residential real property, the arbitrator's total fees
and expenses are agreed to by you and Board of Equalization, but are paid by the parties as
ordered by the arbitrator.
If you have questions concerning the above information, please call me at (970) 400-4226.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
Chloe Rempel
From:
Sent:
To:
Subject:
Brenda,
Chloe Rempel
Thursday, August 13, 2020 4:55 PM
Brenda Dones; Karin McDougal
CBOE Decision Letters
The Print Shop notified us yesterday afternoon that they accidentally left two (2) CBOE decision letters on one
of their scanners instead of mailing them. The letters were for Account Nos. R0018288 and R0219987, which
are both Amalgamated Sugar Company, represented by Ducharme, McMillen, and Associates, Inc. The
petitioner letters were mailed within the statutory timeframe, but the agent letters were just re -postmarked with
yesterday's date and mailed. Very luckily, both accounts were stipulated, so hopefully this doesn't largely affect
us down the road, but please let me know if you need anything further from me. I will add the Print Shop's
email and the updated postmark to the file.
Sincere regards,
Chloe A. Rempel
Deputy Clerk to the Board Supervisor
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4213
Email: crempel@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.
1
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Attachments:
Tasia Carmichael
Wednesday, August 12, 2020 3:26 PM
Chloe Rempel
Esther Gesick
re -postmarked BOE letter for Ducharme McMillen & Assoc
0859_001.pdf
The BOE letter postmarked August 5, 2020 for Ducharme McMillen & Assoc was left on our scanner and not mailed on
the 5th. This letter contained multiple letters for the agent. I have re -postmarked this letter for today, August 12,
2020. Attached the new scan of the letter.
Please use this email as my statement of explanation for the file, if necessary. I apologize for any inconvenience.
Tasia Carmichael
Weld County Print Shop
1500 2nd Street
Greeley Colorado 80631
(970) 400-2051
Fax (970) 304-6539
tcarmichael@co.weld.co.us
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: W.C.Print & Supply <PNS005-C8285@c0.weld.co.us>
Sent: Wednesday, August 12, 2020 2:43 PM
To: Tasia Carmichael <tcarmichael@weldgov.com>
Subject: Attached Image
1
CLERK TO THE BOARD
1150 O STREET
PO BOX 758
GREELEY CO 80632-0758
Agent:
DUCHARME MCMILLEN & ASSOC INC
20830 NORTH TATUM BLVD SUITE 390
PHOENIX, AZ 85050
Petitions
U.S. POSTAGE>> PITNEY BOWES
ZIP Bo6:31 $ 000.65°
02 4Y9
0000335769AUG 05 2020
U.S. POSTAGE* PITNEY BOWES
ZIP 60631Vi $ 000 00°
02 4
0000335769 AUG 12 2020
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