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Home My WebLink About20182256.tiffAugust 2, 2018 Petitioner: J&J ENTERPRISES PROPERTY MANAGEMENT LLC 7251 W 20TH ST BLDG L STE 200 GREELEY, CO 80634-4626 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2018, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2018-2256 Appeal #: 2008217950 Hearing Date: 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. Section 39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2018. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R8951325 Stipulated - Approved Stipulated Value $793,490 $757,374 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. Section 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, 2016, MUST comply with the following provisions of C.R.S. Section 39-8-107(5): (5)(a)(I) On and after August 10, 2011, 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 section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 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. Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 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. Section 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, e‘tz,Lid Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R8951325 STIPULATION (As To Tax Year 2018 RE PETITION OF : NAME: ADDRESS: Actual Value) J&J ENTERPRISES PROPERTY MANAGEMENT LLC 8225 W 20th St. Greeley, CO Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2018 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: Lot 2A MOUNTAIN VISTA OFFICE PARK MINOR 1ST RPLT L2 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 2018 : Total $793,490 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2018 actual value for the subject property: Total $757,374 5. The valuation, as established above, shall be binding only with respect to tax year2018 6. Brief narrative as to why the reduction was made: After a review of percent complete, an adjustment was indicated 7. Both parties agree that: The hearing scheduled before the Board of Equalization on 8/2/2018 at 8:30 AM be vacated. nA hearing has not yet been scheduled before the Board of Equalization. 1 SCo GkS©ICO DATED this 23rd day of July , 2018 , Dgrr� fI 4/li�te� CFO Petitioner(s) or Agent or Attorney Address: 7251 West 20th Street Building L, Suite 200 Greeley, Colorado 80634 (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone: 970-352-7072 Telephone:(970) 336-7235 Docket Number R8951325 Stip-1.Frm C�.,.1x tda County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 UNANIMOUS CONSENT TO ACTION OF THE MEMBERS AND MANAGER OF J&J ENTERPRISES PROPERTY MANAGEMENT, LLC A COLORADO LIMITED LIABILITY COMPANY Pursuant to the provisions of the Colorado Limited Liability Company Act, the following action is taken by the Members and Manager ofJ&J Enterprises Property Management, LLC. WHEREAS, it is the desire of the Members and Manager of the Company to authorize and define the actual signatory authority of the following individuals for and on behalf of and in the name of the Company to execute and deliver various document, therefore; BE IT RESOLVED, JLD Holdings, LLC and/or Jeff Demaske andor LB Holdings, LLC and/or Larry S. Buckendorf and/ or Darrell McAllister is authorized for and on behalf of and in the name of the Company to execute and deliver any and all documents deemed necessary, required and associated with a sale and purchase of real estate, financing documentation and closing documents including, but not limited to, any of the following instruments; contracts of purchase or sale, warranty deeds, deeds, deeds of trust, mortgages, promissory notes, assumption documents, transfer of escrow funds and insurance policies, closing and settlement statements and all other documents relative thereto. BE IT FURTHER RESOLVED, that any and all acts authorized pursuant to this Resolution are hereby ratified and approved and that this Resolution shall remain at full force and effect and a title company or lender may rely on such Resolution until written notice of its revocation shall have been delivered to and received by any such entity. Any such notice shall not affect any of the Company's agreements or commitments in affect at the time notice is given or in affect at the time this Resolution was ratified and approved. IN WITNESS WHEREOF, the undersigned, constituting the Members and Manager of the Company have executed this Unanimous Consent to Action of the Members and Manager on the date set forth after its respective name. JLD Holdings, LLC a Colorado limited liability company B Jeff Demaske, Member/Manager Its: Member'Manager Date LB Holdings, LLC a Colorado limited liability company Larry S Its: Member 'tanager Date (i \Willowbrook VWBShare\JJEPM\Corporate Documents \Unanimous Consent 1 1.2015doe Adobe Sign Document History 07/24/2018 Created: 07/24/2018 By: Wade Melies (wmelies@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAALdZDHTaUNbmDoS0VpvsqVQjDOGNGS_n7 "R8951325 J&J ENTERPRISES PROPERTY MANAGEMENT L LC" History Document created by Wade Melies (wmelies@co.weld.co.us) 07/24/2018 - 1:48:50 PM MDT- IP address: 204.133.39.9 Document emailed to Wade Melies (wmelies@co.weld.co.us) for approval 07/24/2018 - 1:48:53 PM MDT Document approved by Wade Melies (wmelies@co.weld.co.us) Approval Date: 07/24/2018 - 1:49:07 PM MDT - Time Source: server- IP address: 204.133.39.9 Document emailed to Wade Melies (wmelies@weldgov.com) for approval 07/24/2018- 1:49:07 PM MDT Document viewed by Wade Melies (wmelies@weldgov.com) 07/24/2018 - 1:49:27 PM MDT- IP address: 204.133.39.9 Document approved by Wade Melies (wmelies@weldgov.com) Approval Date: 07/24/2018 - 1:53:35 PM MDT - Time Source: server- IP address: 204.133,39.9 Document emailed to Chris Woodruff (cwoodruff@co.weld.co.us) for signature 07/24/2018 - 1:53:35 PM MDT Document viewed by Chris Woodruff (cwoodruff@co.weld.co.us) 07/24/2018 - 1:54:04 PM MDT- IP address: 204.133.39.9 Document e -signed by Chris Woodruff (cwoodruff@co.weld.co.us) Signature Date: 07/24/2018 - 1:54:41 PM MDT - Time Source: server- IP address: 204.133.39.9 Adobe Sign Document emailed to DarrellMcAllister CFO (darrell@journeyhomes.com) for signature 07/24/2018 - 1:54:42 PM MDT Document viewed by DarrellMcAllister CFO (darrell@journeyhomes.com) 07/24/2018 - 2:04:33 PM MDT- IP address: 70.91.168.53 Document e -signed by DarrellMcAllister CFO (darrell@journeyhomes.com) Signature Date: 07/24/2018 - 2:06:44 PM MDT - Time Source: server- IP address: 70.91.168.53 Document emailed to Bob Choate (weld-cboe@weldgov.com) for signature 07/24/2018 - 2:06:44 PM MDT Document viewed by Bob Choate (weld-cboe@weldgov.com) 07/24/2018 - 3:05:10 PM MDT- IP address: 204.133.39.9 Document e -signed by Bob Choate (weld-cboe@weldgov.com) Signature Date: 07/24/2018 - 3:10:53 PM MDT - Time Source: server- IP address: 204.133.39.9 Signed document emailed to DarrellMcAllister CFO (darrell@journeyhomes.com), Chris Woodruff (cwoodruff@co.weld.co.us), canaya@weldgov.com, Bob Choate (weld-cboe@weldgov.com), and 2 more 07/24/2018 - 3:10:53 PM MDT Adobe Sign • 'l NOTICE QF p��MINATION EC: Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 JUL 16 2018 WELD COUNTY COMMISSIONERS Date of Notice: 6/27/2018 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R8951325 2018 0447 Lot 2A MOUNTAIN VISTA OFFICE PARK MINOR 1ST RPLT L2 8225 W 20TH ST GREELEY, CO PROPERTY OWNER J&J ENTERPRISES PROPERTY MANAGEMENT LLC 7251 W 20TH ST BLDG L STE 200 GREELEY, CO 80634-4626 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 793,490 793,490 TOTAL 793,490 793,490 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: CM06 - The Assessor staff has requested additional information to properly review your property's value. Because we have not received this information, we have no choice but to deny any adjustments. 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): 15-DPT-AR PR 207-08/13 R8951325 2018-2256 OLSOlOO 0 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 30th through August 3th 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.gov/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, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2016? (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.) $ WO, OOc. 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.) () n -\-tJ � is s� �✓ ATTESTATION I, the undersig and o any at Signature Email Address d owner or agent' of the property identified above, affirm that the statements contained herein rue and complete. en0 -35 a IUn- Telephone Number Y 11�1/Y1 �yS E 'Attach letter of authorization signed by property owner. 7/1 3/, 6 Date 15-DPT-AR PR 207-08/13 R8951325 J&J Enterprises Property Management, LLC 7251 W 20th Street, L-200 Greeley, Colorado 80634 (970) 352-7072 July 13, 2018 VIA First Class Mail Weld County Board of Equalization PO Box 758 Greeley, Colorado 80631 RE: R8951325 Basis for Review: See enclosed documentation provided to the Weld County Assessor's Office. I hereby appeal the Assessor's decision. I request a hearing however, I will be out of the country and unable to discuss in person or via telephone conference from July 21, 2018 through August 6th, 2018. Please contact me to discuss prior to July 21, 2018. Should you have any questions regarding the foregoing, please do not hesitate to contact me. I look forward to your response. Sincerely, Larry S ': uckendorf Enclosure J&J Enterprises Property Management, LLC 7251 W 20th Street, L-200 Greeley, Colorado 80634 (970) 352-7072 May 30, 2018 VIA First Class Mail Weld County Assessor's Office 1400 N. 17 Avenue Greeley, Colorado 80522 RE: R8951325 Basis for Review: The building on Lot 2A was under construction and not completed until January 31, 2018. As such, the value of the property is overstated at $793,490. The appropriate value of the property on January 1, 2018 is $200,000, the cost of construction on January 1, 2018. Should you have any questions regarding the foregoing, please do not hesitate to contact me. Sincerely, Larry 1Buckendorf Enclosure UNANIMOUS CONSENT TO ACTION OF THE MEMBERS AND MANAGER OF J&J ENTERPRISES PROPERTY MANAGEMENT, LLC A COLORADO LIMITED LIABILITY COMPANY Pursuant to the provisions of the Colorado Limited Liability Company Act, the following action is taken by the Members and Manager of J&J Enterprises Property Management, LLC. WHEREAS, it is the desire of the Members and Manager of the Company to authorize and define the actual signatory authority of the following individuals for and on behalf of and in the name of the Company to execute and deliver various document, therefore: BE IT RESOLVED, JLD Holdings, LLC and/or Jeff Dernaske and/or LB Holdings, LLC and/or Larry S. Buckendorf and/ or Darrell McAllister is authorized for and on behalf of and in the name of the Company to execute and deliver any and all documents deemed necessary, required and associated with a sale and purchase of real estate, financing documentation and closing documents including, but not limited to, any of the following instruments; contracts of purchase or sale, warranty deeds, deeds, deeds of trust, mortgages, promissory notes, assumption documents, transfer of escrow funds and insurance policies, closing and settlement statements and all other documents relative thereto. BE IT FURTHER RESOLVED, that any and all acts authorized pursuant to this Resolution are hereby ratified and approved and that this Resolution shall remain at full force and effect and a title company or lender may rely on such Resolution until written notice of its revocation shall have been delivered to and received by any such entity. Any such notice shall not affect any of the Company's agreements or commitments in affect at the time notice is given or in affect at the time this Resolution was ratified and approved. IN WITNESS WHEREOF, the undersigned, constituting the Members and Manager of the Company have executed this Unanimous Consent to Action of the Members and Manager on the date set forth after its respective name. JLD Holdings, LLC a Colorado limited liability company B Jeff Demaske, Member/Manager Its: Member/Manager Date LB Holdings, LLC a Colorado limited liability company Larry S. Tucke .`�, 4ember 'Tanager Date Its: Member G:\Willowbrook\WBShareUJEPM\Corporate Documents\Unanimous Consent 11.2015 doc curve -A- 72-1 �(cu Z 2D'L-0O u' reele Do We',3Li 4.0POST 5 ew """' cit' s PITNEY BOWES 02 1P 0000284089 JUL 13 2018 MAILED FROM ZIP CODE 80634 $ 001.10° .:s\d Coun4- Tao ? Bo( -765 fee 3� July 23, 2018 Petitioner: J&J ENTERPRISES PROPERTY MANAGEMENT LLC 7251 W 20TH ST BLDG L STE 200 GREELEY, CO 80634-4626 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2018, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket #: 2018-2256, AS0097 Appeal #: 2008217950 Hearing Date: 8/2/2018 1:30 PM Account(s) Appealed: R8951325 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 2, 2018, 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, 2018, 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 obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. 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 f.C.4 Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor Hello