HomeMy WebLinkAbout20152916.tiff Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
Address to Weld County Commissioners
Introduction
To you the Commissioners of Weld County I say to you a Blessed Day.
My name is Harvey V. Mabis II and I reside at the property in question,
"23769 WCR 49; La Salle, CO 80645 ." I am near forty years old this year and
reside with my sixty-five year old Uncle Roy N. Mabis in my home.
Uncle Roy is a decorated — disabled veteran, which has served in Viet Nam
( 1970 — 1971 ) with honor — valor — distinction. I provide lodging — care —
facilitation for his necessities currently; whereas he has no other resources because
of this greatly deteriorated physical conditions as a result of wounds — combat
trauma and stress — and heavy exposures to Agent Orange.
My work is demanding with the oil pipeline industry; whereas I am a
specialized technician involved in the system' s product transfer operations. This
job involves long hours — call out response — required availability even on days off.
Because of the dangers of this job I am not allowed personal calls while working.
This is the primary reason I insisted on communication through email only. I have
a complete record of all incoming email on this process as well as all sent
communications. I have responded to all of Weld County Emails; yet Weld County
has not responded to more than several of my Emails.
The Process and Communications from Start to Current
December 2013 a representative from Noble contacted me as to their plans
for drilling operations scheduled in the property next to mine. Their purpose was to
establish abatement parameters that would affect my residency and conveniences
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
affecting my life and habitation in proximity to their project. This is when I learn
of the WCR 49 Corridor Project (WCR 49) and of the extreme widening that will
occur. I bought this property in 2011 and until that time I received no
Communication from Weld County regarding my property.
01 January 2014 I made Email contact with a Leon Sievers, which
responded 03 Jan.2014 to agree to meet. Through Email on 13 Jan.2013 a meeting
date was suggested and on 14 Jan.2014 Sievers affirmed and scheduled it for
16Jan.2014. I attended the meeting and made an audio/video recording of this
event. In this discussion I was shown the layout — pathway possibilities —
construction dimensions — right of way prospectus. We also focused on how the
road would affect my home, because it is located across from the Central Weld
County Water Storage Tanks and how the road would come right by my front door.
At this point Sievers began saying how Weld County was always considerate and
preferred to resolves matters without involving a legal process and that Weld
County applies the " Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 " (URA — Uniform Act 1970) to assure best effort to make a
just and correct negotiation in property settlements; thereby not involving a legal
confrontation.
On 09Mar.2014 I Emailed Sievers to initiate a negotiation process.
On 17Mar.2014 I Emailed Sievers as to inquire why NO Response for prior
communication.
On 17Mar.2014 latter in day by Email Sievers communication came stating
that he was ill and re-affirmed the applied process of property acquisition is still
guided by the URA.
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
On 09 May 2014 I Emailed a letter to Sievers because there was no
continuation from Weld County and was uncertain as to proceedings — procedures
— processes being developed with WCR 49 and my property.
On 09May2014latter in day by Email Sievers informed me that the
Commissioners approved the WCR 49 road alignment and acquisition for my
property was also approved; thereby affirming the "total taking" of the property.
On IOMay2014 In an Email I sent to Sievers, as he mentioned Mr. Howard
and Mr. Bauer are gone; I request to know "who" replaced them? (Need emails and
Names) Additionally when you have a land agent I require to communicate with
by email only (No Phone Calls - cell reception and work make it to difficult). If a
face to face meeting is required then I would need at least 10 days prior notice at a
formal location such as we did at your office and that the meeting will be
completely recorded - with the same person accompanying me as the last time and
any other I see fit to bring along.
On 04Aug.2014 I received an Email from the Weld County Land Agent
making their introduction with a list of required processes to begin the acquisition
process.
On 06Aug.2014 by Email I related to the Land Agent my past
communications and understandings and intentions with Weld County; as related
by Sievers in this property acquisition. Additionally the URA application and the
need to communicate by Email only; whereas phone and face to face were not very
likely because of reason given to Weld County.
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
On 08Aug2014 in an Email from the Land Agent they state; "Thank you for
responding to my email . We understand that you a choosing to not participate in an
inspection and we will await your appraisal and invoice within the 90 day time
frame and then respond accordingly. Please send your appraisal and invoice
directly to Leon Sievers at Weld County :"
* *note* * I saw no need for a Land Agent inspection because the only correct
inspection would come from the appraiser (???) the Land Agent' s cause for an
"Inspection" was not supported or explained* *
Additionally in this communication the Land Agent makes a "counter"
statement by saying "So far as relocation, not we are not employing the Uniform
Act in its entirety," ????
* * *note* * * this is contrary to prior affirmations in applying the URA. * * *
Yet the Land Agent does at this time affirms communication through Email
Only; "I will of course, work with you through email alone and not push the
subject and we can see about getting together when the appraisal is complete."
* * * *note* * * * in this part about getting together after the appraisal Never
Happened. * * * *
On 19Aug.2014 in an Email from the Land Agent I received the Intent to
Acquire, which also supported Email communication — the County to assist in
relocation and domicile — that the county will be buying my home and site.
On 19Aug.2014 in an Email to Sievers and Land Agent I re-affirmed that in
> regarding your last communication, my position remains unchanged; No face
> to face meeting - email only. Access to property for " Survey only" - No
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
> inspection - No photos - No Trespass; we will acquire an appraiser for
> inspection, evaluation and valuation of property; we will contact you
> when we have a valuation according to Mr. Sievers declaration of using
> exclusively 49 CFR part 24.( URA)
On 28Oct.2014 Alan Axton submitted the appraisal and property inspection
to Weld County well within the ninety day time line.
*NOTE* from this time t'4o Communiisiop ho �\ ekL.f i until
27Feb.2015 when the "Letter of Compromise" was Email to me. 4 MONTHS *
On 06Dec2014 I received an Email from the appraiser Alan Axton
informing that Weld County has not paid the appraisal invoice, that I may become
liable for.
On 08Dec.2014 I Emailed Sievers as to why Weld County has not paid for
the appraisal delivered to them in October. Also to Mr. Sievers it appears that you
and your people are delinquent in proceeding in a fair and diligent manner
according to law. Mr. Sievers, you and your contract agents have not paid those
you are held responsible to facilitate in this acquisition process. Mr. Sievers I have
not heard from you or your agent to proceed in the negotiation process based on
the acquisition of 23769 WCR; La Salle, CO. Mr. Sievers we should have had a
communication from you and your contracted agent; yet we have not! ! ! Mr.
Sievers you and your contract agent have egregiously delayed the lawful process
and therefore violated the Fair Dealing requirements of a lawful process. Mr.
Sievers and contract agent; I now inform you that because of your neglect in this
process I won't be available to enter into the next phase until 5-6 JAN 2015 then
15- 16- 19-20 JAN 2015 because of work, holidays and other obligations. Mr.
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Presented by Harvey Mabis H to the Weld County Commissioner in session
31 AUGUST 2015
Sievers and contract agent I expected you to be more responsive and begin this
necessary process after receiving the property worth evaluation, however because
of your willful disregard for proper process and procedure I find that Weld County
is in violation of the requirements to precede in Good Faith.
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associated to WCR 49 with the Subject: non-responsive conduct by agents of
Weld County; County officials: On 8DEC14 I emailed to Mr. Sievers, right of way
official, to respond to me on issues of non-payment to the property appraiser and
why that he and his contract agents have not made any contact with me to begin
the process to acquire my property. My house lies squarely in the new roadway' s
path.
It seems to me that they should have made contact in early November
(received the property appraisal in October — see attached email to Sievers
8DEC14) now it is mid December. I checked with Sievers office on Friday
12DEC14 and they told me he was not absent all week. Yet I received no response
from him or his contracted agents
It appears to me that a tactic of hurried process may be their plan or maybe
they are just not efficient in their ability. I submit to you that I will not be hurried
or ignored and if this county does not deal fairly and in good faith then the law will
be applied to protect me and my interest.
rNo1!rw* * Again NO Resp,Qdla l
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
On I4J a n .2 :t R ki a ! : t~ra"
sent this letter
From: Harvey Mabis, property owner of 23769 WCR 49, La Salle, CO.
Subject: inquiry as to why the county officials have not responded.
Premise: that Leon Sievers did in a recorded meeting and in writing through emails did affirm,
WE WILL BE in accordance with the "Uniform Relocation Assistance and Real Property
Acquisition Act on all acquisitions of property in Weld County. We will follow the Act in the
acquisition of your property."
I have researched the "Uniform Relocation Assistance and Real Property Acquisition Act"
and ALL References to this Act refers to Federal Statue 49 CFR Part 24.
On 14DEC2014 a letter was sent to you; you DID NOT respond.
The "49 CFR 24. 1 -Purpose" clearly supports that owners of real property shall be treated fairly
AND consistently in order to encourage and expedite equitable agreement. Also to ensure
authorities implement the regulations in a just manner. SO FAR by your overt inaction it is clear
that the County is not going to apply in its declared premise.
The "49 CFR 24.4 Assurances" states that such authorities shall comply with this Uniform Act
and be responsible for ENSURING compliance, thereby minimizing fraud, waste and
MISMANAGEMENT. SO FAR your management has NOT been forth coming.
The "49 CFR 24. 102 Basic Acquisition Policy" applies the best effort is to acquire the real
property by negotiation with JUST Compensation. The APPRAISAL has been with you since the
end of October; giving you plenty of time for review — you lagged in its payment until January
2015 . SO FAR we have not seen a written appraisal report — SO FAR there has been no initiation
to Negotiate — SO FAR no Anything' 919 ' `9
SO THE QUESTION IS "WHAT IS GOING ON AND WHAT ARE YOI.J UP TO ! "
Harvey Mabis property owner 14JAN2015
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On 27Feb.2015 by Email the Land Agent sent the "Letter of Compromise."
This was done with NO prior communication - or consideration - or negotiation.
Additionally Weld County 's employee/appraiser Dixon made false declarations in
affirmations, RE : "photos" dated 12Dec.2014 as being her bona fide to having
been at the property; yet these are prior years file photos, because a certain utility
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
trailer parked since July 2014 is missing in the picture. Yet it is found in a photo
done by Alan Axton' s appraisal.
On I5Mar. 'f) 15 1 Emailed the Land Agent and Weld County Officials and
Commissioners my MANY disagreements on the " Letter of Compromise." I made
a specific condemnation on the appraisal of Weld County employee Dixon ' s
flawed and BIAS appraisal .
On 10Apr.2015 I received a "Final offer for a Partial Take" on the property.
Because this offer was so derogatory and contrary to zoning laws; * * ** I did not
respond to Weld County and referred the matter to my attorney Jordan May.
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.
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(* )For the past few months (July & August) through my attorney and by
assistance with my father (Harvey V. Mabis-the senior), we have been engaged
with Weld County Attorney Robert "BOB" Choate in an effort to get this matter
back on track.
(* )The necessity of the issue is a "second appraisal". In Fair Dealing an
appraisal should be done by a properly licensed, independent, unaffiliated, and
qualified appraiser.
(*)We attempted to engage several appraisers only to find them unable-
unwilling-unfamiliar to engage upon an eminent domain process. Of several
prospectus appraisers given to Weld County' s approval most withdrew or referred
to other appraisers
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31AUGUST 2015
(*)Lastly we presented a Mr. Kyler Knudsen, which was in the
understanding that Weld County was engaging his services for the appraisal project
o 23769 WCR 49 La Salle, CO.
(* )Instead attorney Jordan May receives a communication from Bob Choate
that Kyler Knudsen was not going to work out for the appraisal, and that Wes
Foster company would be engaged for the process.
(* )To the selection of the Foster Company I Object Greatly ! ! ! Because it is
well known that the Foster Company is a regular facilitator of Weld County. In
short it' s no better than having an employee make an appraisal to the directed
wishes of the Weld County Public Works Department, which happens to be the
one requiring that Foster Company and not Mr. Knudsen do the appraisal .
1 ) Foster has been contracted by Weld County many times, whereas Mr.
Knudsen was a referral from the Shannon Company and is not familiar to
anyone in this case.
2) Knudsen is more than qualified in making an accurate-unbiased-
comprehensive and unaffiliated appraisal, whereas Foster because of past
affiliation with Weld County is mired with a biased and serving taint.
3) If Weld County wants to deal fairly then they will hire Mr. Knudsen for
the appraisal and disregard Public Work' s demand for their favored
appraiser, the Foster Company.
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
In Summary
I have submitted you, the Weld County Commissioners, necessary
information of self and my Uncle Roy; whereas this involves our home.
I was informed by Nobel Company, Not Weld County. I had to contact Weld
County; whereas Weld County made No Attempt to contact me.
"I" requested the meeting with Sievers and attended such. Sievers showed
the plan and explained the process, which involved the URA (Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970), which he
reaffirms in latter Emails.
Since that meeting in January 2014, I have diligently made many
communications (Emails) to Weld County. Weld County was the one Not
responding — talking — communicating — being "Not" cooperative in a diligent —
forth coming — reasonable — responsible — fair dealing — timely — and good faith
manner.
As I have made many attempts to proceed in Good Faith and negotiate this
issue; whereas Weld County has not communicated with me to resolve the issues.
Therefore Weld County is in "default" of Fair Dealing and Good Faith.
When Weld County acquired a Land Agent; the Land Agent accepted the
accommodation to communicate only by Email and no inspection or personal
contact. Additionally the Land Agent promised and declared to make assistance
and negotiations in the process. The Land Agent made No attempt to further
communicate — resolve — accommodate — negotiate any issue or process prior to
sending the Letter of Compromise.
Page 10 of 12
Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
Weld County was in a complete Non communicative state from October to
the end of February (4 MONTHS); whereas I made many attempts prior to
receiving the Letter of Compromise.
I now come to learn that during the Four Month period of Weld County' s
Non Communication those persons of Weld County Government were making
intermodal communications describing "ME" as a "BAD PERSON." Thereby
defaming me and making a derogatory perception of my character in the
interactions and to liable me in the presence of a governing authority, the Weld
County Commissioners — which hold power in concern to my property and interest.
Yet Weld County' s Letter of Compromise was received by me and as I then
came to learn of their employee Dixon has made a "counter" appraisal . This
appraisal was Bias. This appraisal was Flawed. This appraisal was a deception by
evidence of her affirmation in the photos Dated 12DEC2014. To this appraisal and
Letter of Compromise, I Objected Greatly.
Yet Weld County ' s Aggression was not yet done or complete. Weld County
sent a second and Final Letter of Compromise for a Partial Taking of my property,
which is in clear Violation of Weld County Zoning Laws.
(*) and now most recently Weld County Public Works wants to "un-ring"
the bell of their past transgression of making an appraisal by an employee, which is
Not unaffiliated — Not independent — Not unbiased — Not in reasonable value
proximity. Weld County did this calculated Non Good Faith act; not I. Weld
County has been given a second chance by me to amend this transgression by
acquiring a second appraisal by an independent-Unbiased-Unaffiliated-qualified
appraiser. Weld County Public Works is pressing for the Foster Company, which
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Presented by Harvey Mabis II to the Weld County Commissioner in session
31 AUGUST 2015
has an associated past and affiliation with Weld County. Whereas Mr. Kyler
Knudsen was recommended by the Shannon Associates and has no history or
affiliation with myself or Weld County and additionally has a MAI rating making
him very qualified. Finally since this appraisal is to abrogate Weld County' s
employee Dixon appraisal then it is their cost to provide a Fair — Honest —
Unbiased — Unaffiliated — Complete — Quality; Appraisal by a fair-honest-
unbiased-unaffiliated-complete-quality appraiser such as Mr. Knudsen.
Now this Matter falls to those ultimately responsible to ME and the People
of Weld Count and the State of Colorado.
Submitted By Harvey V. Mabis II;
Via my dad and mentor Harvey Mabis (senior) harvv51@hotmail.com
P.S. : Please keep in mind, this is my Home. As a first time home owner I have put
my time, my wealth, personal touch and my pride in this property.
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