HomeMy WebLinkAbout20070962.tiff CORRESPONDENCE SPONSE
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OF EXPECTED DATE FOR RESPONSE.
(RECOMMENDED ACTION:
Narrative:
56 Air TO Co c-ny /t—�.i/7
BOARD ACTION: (Initial by Approval) DL BJ RM DR BG
AGREE WITH RECOMMENDATION - V N
WORKSESSION -
METHOD 07 RESPONSE:
Board Action
Work Session
Letter (Attached)
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Department Head Signature
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7 J l
March , 2007
Dave Klinginsmith
64800 WCR 119
Grover, Colorado 80729
Re: Damaged fence
Dear Mr. Klinginsmith:
This office was notified of your telephone inquiry regarding damage to your fence, and is
taking this opportunity to respond. hi so doing, we wish to inform you of certain steps
which you must take in order that your claim may be evaluated.
The Colorado legislature has enacted legislation, (C.R.S. 24-10-109), which requires
anyone making a claim against a governmental body to file a Notice of Claim. A copy of
the statute is enclosed so that you may see what information the Notice must contain. The
Notice of Claim must be sent to the Board of County Commissioners of Weld County at
915 10th Street, P.O. Box 758, Greeley, Colorado 80632 to inform the Board that you are
making a claim against Weld County. Please note that both the street address and the post
office box number must be on the envelope.
Please be aware that Weld County is not admitting any liability in this matter. In fact,
governmental entities, including Weld County, are generally considered to be immune
from any claim of liability. That said, if you do file a claim, it will be forwarded to
County Technical Services, Inc., Weld County's insurance adjuster, and that entity will
evaluate your claim. The adjuster may either contact you directly, or will instruct the
County Attorney to contact you with their opinion as to liability.
You may wish to consult private counsel if you have questions about the Notice of Claim.
You should also contact your own insurance carrier to determine whether the damaged
fence is covered by private insurance. Finally, your fence is re-built, you must make
certain that it is constructed outside of the county's right-of-way.
Yours truly,
Pat Persichino
Director of Weld County Public Works
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
915 10`s Street
P.O.Box 758
Greeley,Colorado 80632
The intention of this letter is to file a claim for damages on private property by county employees.
(a) We are,Charles Paul and Charles E.Nussbaum dba Nussbaum Ranch 39994 and 4 0104 WCR
126,Grover,Colorado 80729 Attorney, Kenneth Copple,Fort Collins,CO.
The first question we have is, does the county carry liability insurance? The obvious answer is yes. If
not,then there are some real issues as to why not! The county is liable for all actions of their employees.
(b&d) The problem stems from the recent storms and the need and way the roads were opened along our
property
We own land on the north side of WCR 122 beginning at WCR 83 going west for one and a half miles.
The snow was pushed until it exceeded the heights of the fence posts and then some. There was absolutely
NO REASON for this part of the road to be opened. No one lived along this end,there were no cattle that
need to be reached nor hay stacked along that road. WCR 120,one mile south and paved is the road every
one used. One house/family live just off 77(pave road) less than or about one half mile. That part of Rd
122 was easily opened. For some reason Rd 122 was a priority to keep open and they continually worked to
keep it open and if used at all,it was seldom,because as I stated just one mile south was the paved road.
This was not a bus route nor mail route. A few years ago we constructed a new fence on half of what we
own. Our point is,it was a waste of time and money to open it and the way they did it has damaged the
fences to the point they can't be mended but need to be reconstructed. The bottom line here is that road did
not need to opened at all. Post signs"road closed"use Rd 120.
We also own land on WCR 126 between WCR 83 and WCR 77(paved) We were able to get out going east
from our residence to Rd 83 (numerous times WE opened up the intersection of 126&83 to one way
traffic)(and intersection 122&83)Rd 126 is mail route and sub station site for REA. We observed the
diligent work to keep 122 open,while 126 remained closed so finally called the county and thirteen days
after the storm it was opened. We also requested they opened up half a mile of 124 off of 83 where an
older man lives with no telephone or way to get out. We could not understand why so much time was spent
on 122,no homes there and this man sat thirteen days trapped. Our equipment isn't large enough or we
would have helped him. Sony I'm off the subject---They opened Rd 126 up which was fine! The problem
came when they came with a loader tractor and DUMPED it on and over the fences,breaking wires beyond
repair so all wires and lots of posts need replaced. Now we hear this is an act of God---God gave us the
snow but he didn't come with his loader and dump it on the fences. That was the act of man! Part of drifts
were between our land and land in CRP with no fences. Why couldn't the person operating the loader put
the snow to the south side where there were no fences and it would have done some good? When drift are
this large,why can't they use snow blowers so the snow would go beyond the fence? There was absolutely
no consideration given to how much damage they were causing—only that they didn't have to fix or pay for
it. We are all suppose to be responsible for our actions,employers should be held responsible for there
employees also. Here again the bottom line is,the road,opened, was OK especially since warm weather
was on it's way soon the snow would have melted anyway. We would still have our fences,the county
would have saved fuel and labor costs -all with no problems.
(c)asks for name of person involved --We do not know who operated the tractor/loader.
(e)It is to early to know the exact number of posts(bottoms snowed under) needed,but a close estimate
is 150. I phoned several places on prices and the following is what we came up with. We're looking at 36
rolls( 12 gauge)to replace the 4 wire fence we now have. The bottom line here is 150 posts X
$6.00=$900.00+06%tax=$954.00. 36 rolls of barb wire X$48.00=$1728.00+06%tax=$1831.68 I
Contractors figure labor as the same as the total price of materials=$2785.68
Total cost to rebuild/repair fences is$5571.36 (I'm not sure on tax percentage).
I'm not sure on the time table we are allowed to file claims but feel it necessary to do so now even though
the snow is still hindering a complete assessment of damages. Damages that could have prevented.
I have enclosed a copy of the letter written to Mr.Van Dorn. Please read it as to the hardships we've had
by not being able to use these pastures. It is not just a matter of expense and time to rebuild these fences
but loss of baby calves because they were confined to long due to not being able to move into these
pastures. Also a reminder that as a neighborly act we spent time and money for diesel to keep two
intersections open through out the storm period.
Respectfully Submitted,
Nussbaum Ranch
Charles Paul Nussbaum
"'-
Charles E.Nussbaum
I Nussbaum Rauch
39994 Weld County Rd 126
Grover,CO 80729
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Mr.George Van Dorn.
It is our understanding that you are the supervisor of the WCR rods in the Grover area This is not an easy
letter to write but there are issues that need to be brought to your attention,in case you are not aware of
them. We don't often have a winter trice this past one but when we do,you,as road maintainers have
different situations that need to be assessed as to the situation.
I can't count the times the intersection of Rd.83&Rd. 126 blew shut and we,Nussbaum Ranch used our
equipment,diesel fuel,and time to keep it open so the mail carrier could get in, or in case of emergency we
could get out,but most important was so the school teacher who lives out here could get to and from school
via the paved Rd. 120 into Grover. We couldn't always keep it open and she did considerable damage to
the front end of her car on 122&83. We realize the maintainers can only be in one place at a time and it's
difficult when the wind keeps blowing. We as ranchers fought the snow also,digging feed bales out of
drifts,etc. Storms make it difficult for everyone. Back to the subject. It wasn't our job to keep these two
intersections opened as best we could as did many other ranchers who have the equipment also helped out.
What is the thanks we get? "V"plows don't damage fences,loader tractors do. We have over two and a
half miles of fence damaged-to the point beyond repair but in places complete replacement especially wire.
FIRST OF ALL none of this should have happened. Part of the land we own is on Rd. 122 west of Rd.83
on the north side of the road that was severely damaged. Road 122 west of Rd. 83 did not need to be
opened with the exception of one half mile off Rd.77(paved)where one family lives-they go out to the
west anyway. People used the paved road 120 into Grover as there was less chance of getting stuck and
the paved road is always preferred. A sign could have been posted"Road Closed".
For some reason Rd. 122 seemed to be a priority and we observed them re-opening it several times. Mean
while our neighbor,an older man lives off Rd.83 on Rd. 124,has no telephone or means to get out,his
road was not opened nor ours,Rd. 126(going east on 126 off 77)until we called and asked that both roads
be opened. Thirteen days after the storm both roads were opened. For that we are thankful. Road 126 was
fine after the grader opened it,but later they came with a loader tractor and DUMPED the ice/snow on
fences and over into the pastures--this is when the damage occurred. Had the county left the road as first
opened this time of the year the snow would soon have melted. Result,we'd have our fence and the
county would have saved money on fuel and man power. OR the snow placed on the south side of the road
where the land is in CRP where there are no fences to be concerned with. BOTTOM LINE,cost to repair
our damaged fences is estimated at$5,57136. IN THE FIRST PLACE road 122 didn't even need to be
opened and because road 126 was opened satisfactory the first time.
At this time I'd also lie to bring to your attention the summer grading schedule. The roads are NOT being
graded often enough to keep weeds from growing on them and going to seed! This has resulted in the
spreading of GOAT HEADS and SANDBURRS from county roads west of us. We have lived on this place
since 1969 and have never had these weeds but we do now! These weeds create a BIG problem to the cattle
man.They grow with the feed crops. We encourage more attention be given to these roads,please keep the
weeds graded off Also if the county can spray these weeds it would sure help to control and spreading.
We've noticed many country roads are lower than the fields,if they were built up some what,snow would
blow across and not drift so quickly. We feel a much better job should be done,in past years previous
maintainers never let weeds grow on our roads and had a regular schedule to keep them graded. We are
fortunate to see a grader three times a year. I keep a diary so I'm not just guessing. On the positive side I
must complement Steve Hauer,his roads,all of them,are not"wash boards",weeds don't grow over them,
he just does a great job-others could learn from him! Wish there were more guys like him that take pride
in doing a job well!
Respectfully Submitted
Nussbaum Ranch
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