HomeMy WebLinkAbout20162260.tiffAugust 5, 2016
Petitioner:
HEARTLAND FINANCIAL USA INC
2002 E COALTON RD
BROOMFIELD, CO 80027
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):
RYAN
5251 DTC PARKWAY ONE DTC SUITE 1045
GREENWOOD VILLAGE, CO 80111
RE: THE BOARD OF EQUALIZATION 2016, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2016-2260 Appeal #: 2008211169 Hearing Date: 8/4/2016 10:00 AM
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
2016.
The Assessment and valuation is set as follows:
Actual Value as Actual Value as
Account # Decision Determined by Assessor Set by Board
R4335406 Deny - Administrative Deny
$1,967,600 $1,967,600
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
O1O/lQ- d
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,
e4:tz;76t_id
Esther E. Gesick, Clerk to the Board
Weld County Board of County Commissioners
and Board of Equalization
Cc: Christopher Woodruff, Weld County Assessor
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Wade Melies
Wednesday, August 03, 2016 11:09 AM
Courtney Anaya; Esther Gesick
Chris Woodruff
Erie Bank
Please log another Admin Deny
From: James, Ian [mailto:lan.James@ryan.com]
Sent: Wednesday, August 03, 2016 11:05 AM
To: Wade Melies <wmelies@co.weld.co.us>
Cc: Noel Lawrence <nlawrence@co.weld.co.us>; Brenda Dones <bdones@co.weld.co.us>
Subject: RE: Phone
Hi Wade,
We would like to request an administrative denial on the following 2016 BOE hearing:
Petitioner:
Schedule Number:
Docket Number:
Appeal Number:
Hearing Date:
Hearing Time:
Thank you,
Ian
Ian James
Director
Heartland Financial USA INC (Represented by Ryan)
R4335406
2016-2260 AS0094
2008211169
8/8/16
10:00 AM
ao/1-aaeeo
1
Ryan
303 993 3580
From: Wade Melies [mailto:wmelies@co.weld.co.us]
Sent: Wednesday, August 03, 2016 10:59 AM
To: James, Ian
Cc: Noel Lawrence; Brenda Dones
Subject: RE: Phone
Thanks
Can you send a new email with the account #R4335406 and in the body request an administrative denial and
your name.
Wade
From: James, Ian [mailto:Ian.James@ryan.com]
Sent: Wednesday, August 03, 2016 10:55 AM
To: Wade Melies <wmelies@co.weld.co.us>
Subject: RE: Phone
Hi Wade,
I've not heard back from our client, so I will initiate the AD. I've left a voicemail for Esther at the BOE. I
understand that she is en route from a training class. Is there anything further that I can do for you to expedite
the process?
Thanks,
Ian
303 993 3580
2
From: Wade Melies [mailto:wmelies@co.weld.co.us]
Sent: Wednesday, August 03, 2016 10:46 AM
To: James, Ian
Subject: RE: Phone
Ian
I know it is still AM but?
Wade
From: James, Ian [mailto:Ian.James@ryan.com]
Sent: Tuesday, August 02, 2016 6:40 PM
To: Wade Melies <wmelies@co.weld.co.us>
Subject: Re: Phone
Will do that in the AM.
Thanks,
Ian
Sent from my iPhone
On Aug 2, 2016, at 5:02 PM, Wade Melies <wmelies@co.weld.co.us> wrote:
Yes, that would make my superiors happy.
Wade
Sent from Windows Mail
From: ian.james@ryan.com
Sent: Tuesday, August 2, 2016 4:54 PM
To: Wade Melies
Hi Wade,
Per your original recommendation, would it help if I just asked for an administrative denial so
you don't need to prepare for hearing?
I haven't heard back from the client on my recommendation of withdrawal.
Thanks,
Ian
From: James, Ian
Sent: Tuesday, August 02, 2016 10:43 AM
To: 'Wade Melies'
Subject: RE: Phone
Hi Wade,
I just left a VM with my colleague in Chicago who works directly with Heartland. I've indicated
that we need to know if they concur with my withdrawal recommendation today at the latest.
Thanks again,
Ian
4
303 993 3580
From: Wade Melies [mailto:wmelies@co.weld.co.us]
Sent: Monday, August 01, 2016 8:24 AM
To: James, Ian
Cc: Esther Gesick
Subject: RE: Phone
Ian
Sorry about the phones. I cannot call out. I have copied Esther, The Clerk To The Board. You
can email her or me a withdrawal.
Wade
Wade J. Melies
Commercial Appraiser
Weld County Assessor's Office
970-400-3672
wmelies@weldgov.com
wmelies@co.weld.co.us
<image001.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you have
received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
5
From: James, Ian [mailto:Ian.James(airyan.com]
Sent: Monday, August 01, 2016 8:22 AM
To: Wade Melies <wmelies@co.weld.co.us>
Subject: FW: Phone
Hi Wade — lost you again...
Thanks for picture. I'm going to recommend withdrawal of the appeal now that I see it has brick
fascia.
Apologies for the confusion.
I'll keep you posted.
Ian
303 993 3580
From: James, Ian
Sent: Monday, August 01, 2016 8:15 AM
To: Wade Melies (wmeliesnco.weld.co.us)
Subject: Phone
Hi Wade,
I could hear you, but you couldn't hear me.
6
303 993 3580
Thanks,
Ian
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ea-� 4 iA_./
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
NOTICE OF DETERMINATION
RECEIVED
JUL 1 5 2C16
WELD COUNTY
COMMISSIONERS
Date of Notice: 6/30/2016
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
ACCOUNT NO.
TAX YEAR
TAX AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
ERI EC3 Li BLK 2 ERIE COMMONS FG 3
199 S BRIGGS ST
ERIE , CO
R4335406
2016
4918
W
O
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w
a
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a
HEARTLAND FINANCIAL USA INC
2002 E COALTON RD
BROOMFIELD. CO 80027
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
COMMERCIAL
1,967,600
1,967,600
TOTAL
$1,967,600
$1,967,600
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:
OM06 - The Assessor staff has requested additional information to property 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):
RYAN
5251 DTC PARKWAY ONE DTC SUITE 1045
GREENWOOD VILLAGE, CO 80111
16 -OPT -AR
PR 207-08113
R4335406 10610070
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
August 1st through August 5th 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: http://www.co.weld.co.us/apps/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
(3O3) 866-5880 local telephone book for the address and
www.dola.colorado.govlbaa telephone number.
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equualization.
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, 2014? (Your opinion of value in terms of a
specific dollar amount is required for real property pursuant to § 39-8-106(1.5), G.R.S.)
$- 11640e O
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.) The property is valued in excess of fair
market value based on the three
approaches to value. In addition, the
property is valued in excess of other
similarly situated properties.
I, the undersigned owner or ag€ at the statements contained herein
and on { r y - , , chments hereto are true and complete.
ignature Gj Sctit.es Telephone Number
lAIt) •tW4E€Y4Pcr1eZ1xk1
NKS
Email Address
'Attach letter of authorization signed by property owner.
Date
16-DPT-AR
PR 207-08/13
R4335406 10610070
LETTER OF AUTHORIZATION
FOR PROPERTY TAX REPRESENTATION
Heartland Financial USA Inc
Property Owner
R4335406 (146719230001) 199 South Briggs Street
Subject Property
Weld County, CO
Jurisdiction and State
2016
Year
This letter authorizes Ryan, LLC and its affiliate, Ryan Tax Compliance Services, LLC to
represent the above -named property as its property tax agent in the jurisdiction and state
named above. This authorization includes, but is not limited to: filing property renditions or
returns; signing and filing appeals; examining property tax records; and, appearances before the
assessor, boards of equalization or review, or other governmental agencies responsible for the
assessment of property.
if there are any questions concerning this authorization please contact the following:
Jerad Larkin, 720.524.0022, jerad.larkin@ryan.com
A copy of any application or appeal attached to this authorization has been provided to the
undersigned property owner. A facsimile or scanned image of a signature below shall constitute
an original signing`of This authorization and the document -containing-the original signature will
be submitted upon request.
This authorization shall remain effective as long as permitted by law or until revoked in writing
by the owner. The person signing below certifies that they are a duly appointed officer,
representative or agent of the owner and that they have the legal capacity to execute this
authorization.
Property Owner;
. _ 0et'o-9 5- U-1 c
Printed Name
v, frec/6-r7/G:
Date
Title
Sworn and subscribed before me this day of
Client: Heartland Financial USA
Site: 199 South Briggs Street
teary PUblic
/4/7r-' /2-419y commission expires:
, 2016.
Ryan ).
July 12, 2016
CERTIFIED RETURN RECEIPT
7015 1520 0002 0971 2 718
Weld County Board of Equalization
1150 O Street
P. O. Box 758
Greeley, CO 80631
Re: 2016 Property Protests
RECEIVED
JUL 1 5 2115
WELD COUNTY
COMMISSIONERS
5251 DTC Parkway
One DTC
Suite 1045
Greenwood Village, CO 80111
Tel. 720.524.0022
Fax 720.524.0651
www, ryan.com
Enclosed are the 2016 Objection to Real Property Assessments for the following taxpayers and
parcels numbers:
Taxpayer
Parcel
Heartland Financial Usa Inc
146719230001
If you have questions, or need additional information, please contact Mr. Ian James at (720) 524-
0022.
Sincerely,
daisek4,,L,
Audria Eisenach
Senior Analyst
July 22, 2016
Petitioner:
HEARTLAND FINANCIAL USA INC
2002 E COALTON RD
BROOMFIELD, CO 80027
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):
RYAN
5251 DTC PARKWAY ONE DTC
SUITE 1045
GREENWOOD VILLAGE, CO
80111
RE: THE BOARD OF EQUALIZATION 2016, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket #: 2016-2260, AS0094 Appeal #: 2008211169 Hearing Date: 8/4/2016 10:00 AM
Account(s) Appealed:
R4335406
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of AUGUST 4, 2016, at or about the
hour of 10:00 AM, 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, 2016, 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
e,f244. R4,4A
Esther E. Gesick
Clerk to the Board
Weld County Board of County Commissioners
cc: Christopher Woodruff, Assessor
Hello