HomeMy WebLinkAbout20070117.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 8, 2007
TAPE #2007-01
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, January 8, 2007, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of January 3,2007,as printed. Commissioner Masden seconded the motion,and
it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Chris Eikenberg thanked the Board for providing the public input section of its meetings
and submitted a report, marked Exhibit A. She stated she lives in the Town of Pierce, and in 2001 started
the Make a Difference Project in which her property is to serve as an example of what disabled people can
do to their properties to better utilize them. She stated 65 sponsors contributed to the project, including
Pizza Hut and Wal-mart, and second hand materials were used for construction of a park area on the
property for public use, which is to be cared for by Ms. Eikenberg. She stated ever since the project was
started, she and herfamily have been terrorized and harassed by the residents of Pierce. She stated there
was an incident on November 22, 2006 in which she called the police to report damage to a vehicle she
owns,which she stated was inflicted by a neighbor. She stated the officer who responded to the call wrote
in the incident reportthat numerous complaints have been made against Ms. Eikenberg; however, she has
a letter from the Town of Pierce stating there is no documentation of any complaints nor violations against
her on record. She further stated there were no reports filed by the Pierce police department for multiple
home burglaries and an attempt to set fire to a carved wooden bear statue on her property, which are
incidents she has reported. She stated she does not feel safe in her home. Chair Long stated the police
department in Pierce is under the jurisdiction of the Town of Pierce, and although Weld County
Government works collaboratively with other governing entities,they are separate entities. Ms. Eikenberg
stated the Pierce police department is corrupt. Commissioner Long stated he appreciates Ms. Eikenberg
2007-0117
BC0016
coming forward; however, the Town of Pierce is the governing Board regarding the incidents she has
mentioned. He further stated he will speak with the Pierce police department regarding her complaints.
Ms. Eikenberg thanked Chair Long for his time, and stated her situation requires action since she does not
feel safe.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,184,435.61
Electronic Transfers - All Funds $116,143.98
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT FOR AREA AGENCY ON
AGING SENIOR NUTRITION PROGRAM AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF
NORTHERN COLORADO: Walt Speckman, Director of Human Services, stated the agreement is for the
University of Northern Colorado to provide food to participants in the Senior Nutrition Program, and the
price of the meals will slightly increase this year. Commissioner Garcia moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER REVISED APPLICATION FOR FEDERAL ASSISTANCE FOR 2006 SEASONAL AND
MIGRANT START-UP EXPANSION GRANT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated
the Federal government has made further revisions to this grant,which is the reason it is before the Board
again after previously being approved. Commissioner Rademacher moved to approve said revised
application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WCR 3
AND AUTHORIZE CHAIR TO SIGN - RUSSELL AND ANNABELL NAPIER: Leon Sievers, Department
of Public Works, stated the County is acquiring a piece of land which is 119 feet long and ten feet wide,
and approximately .27 acres for a temporary construction easement. He stated there will not be any cost
to the County to replace items; therefore, the total cost will be $500.00 for the land acquisition.
Commissioner Masden moved to approve said easement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES FORA CHANGE OF MANAGER AND
AUTHORIZE CHAIR TO SIGN -A AND G CONCEPTS, INC., DBA BEARS SPORTS SALOON: Bruce
Barker, County Attorney, stated there is a requirement that a manager history record be sent to the State
when there is new management at a tavern or hotel and restaurant which serves liquor,which includes a
criminal background check,individual history,and fingerprints. He stated typically these reports are placed
on the consent agenda. Josh Dimenco, Manager of Bears Sports Saloon, stated the reason there were
mistakes in the information provided in the manager history report is because the owner had completed
Minutes, January 8, 2007 2007-0117
Page 2 BC0016
the information on the paperwork and he had only signed it. He stated he was arrested in 1997 and
charged with Driving With an Impairment, and he completed ten alcohol classes and 24 community service
hours. He stated he was also arrested three years ago for a domestic disturbance. In response to Chair
Long, he stated the second arrest did not involve his use of alcohol. In response to Commissioner Jerke,
Mr. Dimenco stated he lives in the City of Evans. Further responding to CommissionerJerke, Mr. Dimenco
stated the second arrest occurred when his girlfriend arrived at his residence under the influence of alcohol
and became violent towards him, and as a result she was ordered to take an anger management course,
and the charges against him were dismissed. In response to Commissioner Jerke, Mr. Barker stated it is
possible to continue this matter in order to obtain additional information. Commissioner Jerke moved to
continue said application to January 15, 2006 in order to obtain a record of the disposition and authorize
the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER 2006/2007ANNUAL WILDFIRE OPERATING PLAN AND AUTHORIZE CHAIR TO SIGN: Roy
Rudisell,Office of Emergency Management, stated there have been no changes to the plan since the work
session he attended the previous week with the Commissioners. Commissioner Garcia moved to approve
the 2006/2007 Annual Wildfire Operating Plan and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER EQUIPMENT AGREEMENT FOR NEW RAYMER - STONEHAM FIRE PROTECTION
DISTRICT AND AUTHORIZE CHAIR TO SIGN: Mr. Rudisell stated he spoke with a representative of the
State Forest Service and was informed the equipment is not to be used for snow removal and is only to
be used for firefighting purposes. In response to Commissioner Rademacher,Mr. Rudisell stated the Town
of New Raymer is responsible for maintenance of the equipment, and if damage is incurred to the
equipment while fighting a fire, a claim can be submitted to the State Forest Service to request
reimbursement for repairs. Commissioner Jerke moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AUTHORIZING CHAIR TO SIGN PROXY FOR VOTING STOCK FOR THE ANNUAL
MEETING OF THE FULTON IRRIGATING DITCH COMPANY: Mr. Barker stated in the past Greg Nelson,
Steve Nguyen, and he conferred regarding these type of items, and typically Mr. Nguyen attends the
annual meeting. Commissioner Jerke moved to authorize the Chair to sign said proxy. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY
AND AUTHORIZE CHAIR TO SIGN - NOVEMBER, 2006: Mr. Warden stated the State reimburses the
County a rate of$200.00 per month when the Board certifies the County staffs a Veteran's Service Officer.
Commissioner Jerke moved to approve said reports and certifications and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
BENJAMIN WHITNEY: Mr. Warden stated it is required that the salaries of Deputy District Attorneys be
established by the Board. Commissioner Garcia moved to approve said appointment of Benjamin Whitney
as a Deputy District Attorney. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
ANITA JAIN: Commissioner Rademacher moved to approve said appointment of Anita Jain as a Deputy
District Attorney. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
KATIE CONNER: Commissioner Jerke moved to approve said appointment of Katie Conner as a Deputy
District Attorney. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, January 8, 2007 2007-0117
Page 3 BC0016
PLANNING:
CONSIDER MODIFYING CONDITION OFAPPROVAL#6.H FOR CHANGE OF ZONE, PZ#1102, FROM
THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE
DISTRICT - TRINITY PROPERTIES, LP: Brad Mueller, Department of Planning Services, stated the
Change of Zone was approved on April 5, 2006, which allowed for 17 residential lots on 300 acres. He
stated since then a concern was expressed by the applicant regarding Condition of Approval #6.H
regarding obtaining well permits. He stated if the applicant is required to provide evidence of well permits
prior to recording the final plat, it will be a financial hardship for them. He further stated the Department
acknowledges and concurs with the concern. In response to Commissioner Jerke, Mr. Barker stated the
Condition of Approval requires possession of all the well permits prior to the recording of the final plat, and
removing it makes sense since it gives the applicant more time to obtain permits. Further responding to
Commissioner Jerke, Mr. Barker stated the purpose of waiving the Condition of Approval is to provide
some flexibility to the applicant. Todd Hodges, representative of the applicant, stated it does not make
sense to obtain well permits which will expire prior to the start of a project. He stated the applicants plan
to start development with Lot 1 and immediately apply for that well permit; however, they do not wish to
apply for all 19 well permits. Commissioner Jerke moved to approve elimination of Condition of Approval
#6.H. Seconded by Commissioner Masden, the motion carried unanimously.
FINAL READING OF ORDINANCE #2006-9, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE -
NEWBY FARMS, LLC,C/O VILLAGE HOMES OF COLORADO: CommissionerJerke moved to read said
Ordinance by title only. Seconded by Commissioner Masden,the motion carried unanimously. Mr. Barker
read the Ordinance into the record. Michelle Martin, Department of Planning Services, stated the
applicants have applied for inclusion into a Mixed Use Development area, and the two criteria for
acceptance have been met by the applicants, as was discussed in detail at the second reading of
Ordinance#2006-9. She stated, as previously discussed, the applicants have committed to meeting the
required twenty percent of open space. She reviewed her presentation from the first and second readings,
for the benefit of the new County Commissioners, and stated staff feels the applicant has demonstrated
adequate compliance with the Weld County Code. In response to Commissioner Rademacher,Ms. Martin
stated referrals were received from the City of Longmont and the Town of Mead; however, not the Town
of Firestone, though the applicants have had numerous discussions with Firestone. Margaret Barden,
Village Homes, LLC, presented the slide show,which was previously shown during the first reading of the
Ordinance, for the benefit of the new Board members. She stated the property is contiguous to the 1-25
Mixed Use Development area and in comparison to annexation by the City of Longmont or the Town of
Mead, it is a better fit for inclusion into the Mixed Use Development area.She stated they are willing to pay
any necessary mitigation fees to the local school district; however,they do not believe an additional school
will be required. Julie Cozad, Tetratech, stated there is existing an sewer line, which will be provided by
Saint Vrain Sanitation, as well as existing gas and electric lines. In response to Commissioner
Rademacher, Ms. Kozan stated the water will be supplied through the Long's Peak Water Supply.
Ms. Barden stated there are Intergovernmental Agreements between the County and the City of Longmont
and between the County and the Town of Firestone. She stated the City of Longmont denied annexation,
and minutes of the meeting at which denial occurred were submitted into the record at an earlier reading
of the Ordinance. She further stated the City Planner for the Town of Firestone indicated they are not
interested in annexing the property. She stated the Town of Mead gave an indication of interest in
annexing the property after the process of applying for inclusion into the Mixed Use Development area was
well under way. She stated they did follow up with the Mead Town Manager, who admitted although the
Town is interested in the annexation, the Comprehensive Plan does not address the area in which the
property is located. Craig Karn, Consilium Design, stated the property's goals are similar to the Mixed Use
Development area's goals. He stated the property will create a sense of community while implementing
innovative siding, design techniques, and landscaping, and it will have adequate access to the services
necessary to serve the community. There was no public input. Commissioner Jerke moved to approve
Minutes, January 8, 2007 2007-0117
Page 4 BC0016
Ordinance #2006-9 on final reading. Seconded by Commissioner Masden, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance#2006-9 was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, gqi3ORADO
ATTEST: ' ,j .
1 � ,a David E. Long, Chair
Weld County Clerk to the j Br s '
� c � - P o
•` ,Will . J7)7Tem
BY: �/ cwt/:de.._ - � 1i
Deputy erk to the Boar 0 -----,
Wil ' . Garcia
,fig
c.12..---
Robert D. asden
uglas Radem er
Minutes, January 8, 2007 2007-0117
Page 5 BC0016
November 27, 2006
Town of Pierce
Main Street
Pierce, Colorado 80650
CRS 24-72-201 Colorado Public Records Act
This CRS Colorado Revised Statute, a
llows for the public to view all records and reports made to the Town of Pierce and
person reporting Code Violations and court records to be viewed.
You have three days 72 hours from the date of reception of this hand delivered notice to
produce the names of the people from Nov of 2001 through November 26, 2006 who
have called into the Town of Pierce regarding any CODE violation alleged against the
couple, Jeff and Chris Eikenberg. View of this report or verbal indications of any
alleged violations and what was reported. This request is supported by the Colorado
Records Act.
Correspondence for non-compliance must include what rule, act or protection can be
legally found that may impede such discovery should be sent to the address listed below.
Otherwise three days from today viewing such information must be provided as provided
by Colorado Revised Statue listed above.
This notice was conferred upon through hand delivery on November 27, 2008 with mail
delivery to follow after this date notification. Any correspondence is to be sent to
The Eikeneberg's
404 5th Street
Pierce, Co 80650
yf er) e /0 7A
cc' lc
•
. t �-�� 1 ,n1 Cz � L CO-t C . _ti -�� s ,
UMW
/.) Ltit c Llc2 c k L- CC ;a)
CI-P3
TOWN OF PIERCE
POST OFFICE BOX 57
FIERCE COLORADO 80560
For official use only
COMPLAINT NUMBER _
DATE OF RECEIPT
ORDANANCE NUMBER
COMPLA1INANT
ADDRESS
VIOLATOR
ADDRESS
VIOLATION DATE
TYPE OF VIOLATION
DESCRIPTION OF VIOLATION
The Complainant hereby swears the aforementioned violations to be true to the best of their
knowledge with no inlended malice under penalty of perjury
Date
Printed Name
Signature
FROM, : GARY SELIZ FLOOR:NG SERVICE1 FAX NO. : 000000000000 Jan. 04 2007 04:2`PM P2
0./44%200! .d N> y!0tld4:1obi `LDAN uF' PIERCE FAia. B2
•
net
TOWN oat mama
ftwerw.erw
044914lea NS
November 27,2006
CbrWJeffbiken*ee{
404 3e'Suet
Pia,CO 10610
Dear Cbtis ad 1st
There we mu wrier records of complaints needing alleged violations of any Town of
Pima Cods spinet Cb is Members and Jeff Eibeabag, No written record of anonymous
rolephone eataplaiata is made unless a code mitorameat or police noon is =mended by the
complaint.'TLmeton,there are so records of aacey mene complaints.
With mod to Chris Eikeaberg end Jeff number& no written complaints dieting
violation of any code have been made diming the relevant period.
An anonymous verbal complaint about a possible building cods violation was raceivod on
November 22,2006.No violation on that data Ian been substantiated
Sincerely,
Town of Pie=
•
•
?tided %n `err z4 led Siren .4ai/ vedr,bet• .z%,2acb.
TOWN
of
TOWN OF PIERCE
Pon°Plies Sox 57
PIERCE.COLORADO 50050
COLORADO December 5, 2006
Chris Eikenberg
404 5`h Street
Pierce, CO 80650
Dear Chris,
The Town of Pierce does not maintain written records of unidentified callers who make
complaints unless the Code Enforcement Officer or a police officer is dispatched to the scene
and a report is made. In this instance, an unidentified caller called the Town on November 21s
2006. The caller believed that unpermitted work was being done at the residence located at 404
5th Street. Since the only evidence presented was that a furnace truck was parked out front, no
action was taken.
On November 22nd, an unidentified caller wanted to know if the Town had taken any
action with regard to the previous compliant. The Town, thereafter, dispatched the Code
Enforcement Officer to 404 5th Street. The Code Officer contacted Chris Eikenberg and
determined that the complaint was unfounded at that point. No further action was taken by the
Code Officer. The Code Officer's report is attached.
Your letter indicates that you do not want town employee's to go upon your property. As
long as you receive water from the Town of Pierce, a: town employee will be required to go
upon your property to read the meter. You are welcome to move your meter to the edge of your
property so that intrusion upon your property will be minimal. In the meantime, the meter reader
will continue to read the meter. Please do not interfere with the meter reader's duties as he is
required to read your meter.
Sincerely,
Town of Pierce
November 22, 2006
3:05 PM
No building permit ?
I received a call from Town Hall about a complaint about neighbor who appears not to
have a building permit and doing work on the home. I checked it out at 404 5th St
( Chris Eikenberg) I asked if they needed a permit for the work they were doing and she
said they were just cleaning out stuff. I did see scraps of sheet rock being put in a truck
and another truck that appeared to be a construction truck and a man cleaning up. I took
her at her word and thanked her and left.
November 27, Chris Eikenberg came into the office and was upset with everyone. She
was tired of people sending in complaints about her. She said she was going to sue us all.
M and A talked to her, I did not.
FROM : GARY BELIZ FLOORING SERVICE! FR' NO. : 000000000000
Jan. 04 200; 09:39AM P1
Gary Belitz Flooring Service
1024 6th Av.
Greeley, Co. 80631
Phone 970-356-6033
Jan. 3, 2007
To Whom It May Concern:
My name is Gary Belitz. My wife and C are friends of Jeff& Chris Eikenberg and God
parents of their 2 small girls.
Chris has conunented often of complaints against her&Jeff by someone who calls the
town of Pierce about any activities at their house.
On November 22r°I was caulking the shower when a lady identifying herself as the code
enforcement officer and displaying her badge, stopped and asked Chris if she was doing
any work that required a permit. When Chris replied the she was not,. the code
enforcement officer replied "Good,then I can go home", and she immediately left.
I hope this helps to clear up this situation. I think it is wrong when an"unidentified"
caller can complain and have the town do their harassment for them.
Gary
December 1, 2006
Town of Pierce
Pierce, Colorado
Town Clerk: This is a final request for information. Hand delivered and sent.
Margaret Barber, I am in receipt of your letter,however, it is not related to what was
requested. It was stated to Chris Eikenberg on November 27, 2006 that there were phone
calls placed into the Town of Pierce to have a code officer sent in. That after requesting
the names of the people that reported her to have code enforcement sent to their home. It
was stated on more than one occasion"there have to be two complaints before a code
officer gets sent to your home"and"we can not tell you who called in because it would
cause problems with the neighbors. There is confidentiality that is preserved is prevents
neighbors from learning who reported them because that is how we get out tips to send
the code enforcer out." Further, Annie stated what I was doing with sheet rock .... I
don't know what she was referring to. From what had acknowledged from you is that I
am the only person that has ever come in and read the whole code book. I have come in
and got proper permits. From this no one from the town or the cops are allowed on my
property. They are to write a letter stating what the complaint is.
I asked twice for the names of the people and was told although that they were known; I
could not have that information. I provided your office with a CRS 24-72-201 requesting
the names of the people and any policy that you had regarding what I was told
referencing the fact the refusal to tell me who called in. To date I do not have any policy
from your office,nor the names that were known on November 22, 2006 that were being
refused to be released. Memory loss was not apparent the day before and confidentiality
was stated and sited as why the names were not being released.
Why is it that there a form which I have had to filled out about a complaint I thought
should be investigated and told I had to come in for, regarding a witnessed event and
have taken the time to put it in writing because it is required to have a code officer go out
to the home. However, a known neighbor or two calls in and complaints because I have
family, friends,trucks at my home to investigate by a code officer and there is no equal
policy applied???? Yet, the names of those people are known but protected with
statements made that that is a confidentiality matter. So where is the log of calls as to
why they were sent out? Who stated what was going on allegedly that needed looked
Who authorized the harassment? Margaret stated that Hoff ordered the pictures.
The town counselor Don Hoff, has failed to fill out a complaint form to authorize the
picture taking of my property by a town person name Jake. On several occasions over 6
years this harassment has been allowed and prompted a code investigator to come out
without having a valid complaint form filled out. This action by Jake, prompted a call
to Officer Ryan S. for harassment from the Town of Pierce for walking on my property
which the town has stated I am to care, for in front of my house, and keeps pushing the
street farther out by the orders of the town to lengthen in front of our home for us to take
care of the road, where he was standing to take the pictures of the inside and outside of
the garage and then state "I HAVE GOT YOU NOW"! It also prompted a call to the
police and for personal appearance by myself to the town counsel to state I have a fear of
this man because we have broken into several times. To stop this harassment by anyone
and a statement that if I need a permit I will come get one.
I don't know this man Jake, I do not want this person around. In which Doreen(a
former trustee) scoffed at my statement however, she had not been broken into three
times in her home after the town flunky has been looking at her home. She is no longer
on the board of trustees. However, action was taken that he was no longer USED by the
town counselor or town people to terrorize me until November 22, 2006. He was seen by
Jeff and Chris Eikenberg and four juveniles assisting them as he drove behind the Code
enforcer who had been called, but had no written complaints according to the letter you
wrote. He was in his brown truck attempting to peer around the kids as he drove as close
as he could. The amount of traffic triggered coughing attacks from the 30 cars the kids
counted that suddenly appeared out of nowhere at 2 :45 to 3:30pm as they attempted to
remove rock from a landscape. Further,Gary Belitz over heard the Code officer, who
came onto the property without permission or a legal complaint form,to beg the question
of if I need a permit to do the work I was doing. He was angered by the presumption and
all there felt violated and harassed by the Town of Pierce as a patrol officer was sent by.
As the parade of Pets started I told the kids to watch,next would be the parade of car,
then the parade of towns people,a code officer or a next a cop. They asked why? I told
them because they are committing a hate crime against a person that has a disability and
to just watch the mentality unfold They came into the garage because they did not feel
safe. The kids also noted the invasion of privacy by the people peering out the windows
of the home the Dills to the south, which has extra windows,an office over their garage
which was supposed to only be a game room with one window(now there are three) that
affords no privacy to our property. Further, the children politely waved at Betty Balmer
who was watching from her door as she was peering into through our garage door at the
kids.
So I will ask one more time for the names of the people that called that were known and
indicated were known from Annie and Margaret quoting the CRS 24-72-201 Colorado
Public Records Act for the names of those people to be provided before I take this to the
next level. Hate crimes and stalking will be reported. Being named an accessorie for
their willful participation for the past 6 years of this type of behavior that has been noted,
brought to town counsel,told to the press,told to an attorney and represented by Robert
Ray, noted in sheriff reports asking for help to get it to stop.
Sincerely,
Chris and Jeff Eikenberg
404 5th Street
Pierce, Co 80650
CC: ADA, FBI: reference hate crimes towards the disabled,
Greeley Tribune, Weld County Sheriff Department, Legislators, ACLU
1 Cover Letter to CDPS for letters being sent, correspondence and statements
Ms. Sandra Parsons
Encl. in this group of fax :
1. letters in order how sent to Town of Pierce
a. from eikenbergs' requesting view of records and reports or any complaints
for past 7 years
b. Actual form complaints are supposed to come in on... there were none all
dated back two to three years.
c. Response 1st Letter from Town of Pierce
d. Final request to have letter answered from Eikenberg's to Town of Pierce
e. Town of Pierce sent 1. letter that was not on letter head and the other on
letter head. Two accounts of what allegedly happened surrounding an
unknown caller regarding the situation of my God father visitation.
2. Letter from Gary Belitz, God Father.
3. Letter from the Police Chief who ignored the request for records and request
for names and ranks of police officers.
4.Letters from the following
Mother, Sister and Niece regarding treatment by neighbor regarding vandalism of the car
from the 3-21-04 harassment by Jones and neighbor to the north Schrieter.
The 03-23-04 supplemental narrative does not include the contact made initially with
Pete Jones per the Nieces statement. In fact he did not call dispatch to tell them that we
had been by and complained of the treatment by the neighbor. This supplemental
narrative leaves out first contact by us regarding the harassment by the neighbor. She
was not at home the day before and Officer Skippy told us that we could park were we
were we were legal with no problem. The next day we were asked to move our vehicles
because we were parked wrong? He fails to state that we had contact with him at 11 am
when he drove by. The neighbor was NOT home until after 11:30am the day of the
incident. When she discovered our vehicles she told me that she owned the 20 feet of
street... I told her were are your property markers and show me otherwise leave me
alone, Officer Skippy stated we were fine the first day and we re-parked the cars there the
second day in the same exact spot. END of conversation. 2"d time she approached the
car, I got in with my niece and locked the doors as she pounded on my window while I
was in the street, she demanded I not park in front of the tree. She scared me and my
niece for pounding with her fists on my window. I would not engage with her because I
believe her to be crazy to make a statement that she owned 20 ft of the street.
"Pete Jones was told this, yet his supplement statements nor initial statement reflects
those conversations we had. Both supplements are slighted as the Town of Pierce has
clearly stated that there are no written or oral complaints been filed....ever for the
relevant period we requested records. That was from the time we have lived here.
Pete Jones embellishes his report to state that he has had"several complaints"he has
gone on, 6-10 that week, yet the town of pierce has no record of any of those violations
2 Cover Letter to CDPS for letters being sent, correspondence and statements
anywhere that would require him to have harassed us like he did. We have contacted him
about the harassment by the Town of Pierce and the neighbors just going outside and
realized it was falling on deaf ears. We started asking the sheriff to get involved.
Nor does his allegations towards me specifically defines any actions or what they are I
allegedly have done to anyone. Statements are vague do not name incidents related,
dates, who, what it was about or references any case there are no phone numbers, who
called or complained about what when including the town of pierce regarding trash and
other allegations he states on the supplements. He has nothing to do with the trash
citations for the town that I know of and there are no records of any alleged notifications
if there are then the request for records has been ignored.
What about others on that same day of he alleges a trash occurrences? What a
materials... This again is information that is handled by the code officer for the town and
not the police department per the town unless a complaint is filed. Why is he making it a
personal matter of record to attempt to malice and defame my character? Why is it I am
the target and not both my husband and I in his supplements?Jeff was present!
Notice that he fails to include the contact that the niece and I had made prior to his
involvement with Deb Schreiter, who was a town board member at the time of the
incident and showed up with the other neighbor behind us that has hated us since the time
of the Make a Difference Day project. The supplement is a bit slighted since there are no
known records of any alleged as requested by the town or the Ault Police Department.
Nor does he give the time he contacted them" earlier in the day" when they were not
home until 11:30am. Where is that in his log to his dispatcher?
Ault Police Department received the same request and a complaint about the stalking of
us by Jake the town maintenance man... no one have done anything. The letter is
attached for your review which gives no information requested or examples of what is
alleged in any supplements by Pete Jones my alleged actions towards anyone that day or
proof of any hostility on my part. She was not cursed at, she was told to stop harassing
me. I inspected the car before heading off the first time prior to the sweeping the
headlight was intact. The scene where the vehicles were was not inspected nor protected
to find the pieces of the broken head light because the couple decided to burn in the very
spot three days after. Jones and his Chief did not come out for a week as what was being
requested to inspect the scene. Evidence of vandalism was lost by the burning on the
street .... Which was also illegal but these people were not issued any ticket for doing it.
What also find interesting is that she came out of the house twice with the broom. Both if
they were recorded should have been on the video tape of were our vehicles were located.
Still pictures were provided for the court of the vehicles at the time of the vandalism and
after. Why would someone selectively video tape themselves sweeping???I have not
seen the tape, but allegedly it gave reason for Pete Jones to refuse to take documentation
of damage from my insurance company that confirmed the damage done, and refer me to
the Police Chief when I couldn't even get him to investigate the incident or provide me a
case number for insurance to be processed immediately. Records from Tyan KIA
3 Cover Letter to CDPS for letters being sent, correspondence and statements
showed that the head light was not broken that although the paint was pealing on the front
there was no pitting like what was found by the adjuster who also found sweeping marks
in the paint along with the pits.
The same thing happens with the dog. What is occurs starting on Feb of 04 we fixed our
doors because of break in. The dog becomes the target of the neighbors and this Pete
Jones who breaks the window wiper. Standing on the property after 10pm while the dog
is in the house barking at a shadow she sees from her window because she is blind in her
eyes due to cataracts. Further, when complained at town hall about the harassment by
the police causing the dog to bark by use of their spot light, standing on the property,
threats by officer Brownlee to have ticket issued if two people complain is brought to the
forefront. I review of the guard dog provisions the Town Clerk is notified that the dog is
voice trained and a guard dog that is kept in house in front of the cop. Contact to the
sheriff department about the harassment is made by me about my neighbors teasing the
animal, yelling at the animal when she is outside resting, defecating or relaxing with the
family if she barks etc. Cassie became ill and was temp removed. When I went into
Town Hall, Brownlee was in attendance, officer wanted to argue whether a ticket could
be issued.. I stated how foolish it would look to a judge to issue a ticket for a devise that
detects motion that would be a dog alarm that barks ... twenty four hours later the door to
the back yard was broken down. I don't know if Brownlee is still employed as cop.
Sheriff was called and statement was given about the conversation and the breakin. Not
sure if a case number was attached, but he noted that the gate broken it was obvious that
someone had been in the back yard.
I have included the narrative sent to the judge for restraining order#040-2007
AULT POLICE DEPARTMENT Case # 04-0446
SUPPLEMENTAL NARRATIVE
SYNOPSIS:
This supplemental will detail the facts pertaining to an incident that occurred at 449 Shafer in
Pierce, Colorado on 03/21/04.
INVESTIGATIVE NOTES:
On 03/21/04 at approximately 1720 hours I, Officer Pete Jones,was dispatched to a possible
vandalism call in the town of Pierce. Ault Police Department does contractual law enforcement
duties for the town of Pierce. I arrived at 404 5th St at approximately 1738 hours and spoke to
Chris Eikenberg, the reporting party. Chris stated:
• She had parked her vehicles, a white Ford Aerostar van and a white Kia SUV, north
across the street from her residence at 449 Shafer(Schreiter residence).
• The van was parallel parked on the street and the SUV was nosed in towards the house
behind the van.
• She parked the cars there because the ground was more level there than in front of her
- own house, and she has ankle problems.
• he parked them there also because she had family at her residence and did not have the
Ay
room to park her two vehicles.
• She saw her neighbor at 449 Shafer"flinging"rocks at her cars with a broom.
• She was standing inside her house looking out her window and she saw the neighbor
sweeping her front walk.
• Her sister Laura also saw the neighbor sweeping the walk.
• The neighbor was sweeping her walk way and kept "flinging"rocks onto her cars.
• Officer Shippy said she could park her cars there.
• She moved the cars.into her driveway, from their location at 449 Shafer, at approximately
1500 hours.
• She noticed damage to the front left headlight and left front marker light, on the Kia
SUV.
• She knows the damage was from the neighbor"flinging"rocks at her cars.
• She doesn't see any other damage to her vehicles, but they were dirty and she would have
to wash them to see any damage.
,c� /3 The bugs imbedded in the marker lamp from her trip to town earlier that day.
I observed, on the Kia SUV, a broken left front marked lamp and cracked left front headlight.
The left front marked lamp was cracked and had a hole in it. There were many bugs and lots of
dirt impacted in the hole and farther into the lamp housing. This is not synonymous with a fresh
accident or fresh damage. I photographed the broken marker lamp and damaged headlight. I
observed no other damage to either vehicle common with being hit with rocks.
I then spoke with Deb Schreiter at 449 Shafer. Deb stated:
• Earlier that day she and her husband were working out in the yard and noticed two
vehicles parked in front of their house.
Officer-17! __Pon -(mj Date: O37z3/oy
�% 'Supervisor: / i/" 2 w/ Date: 1
AULT POLICE DEPARTMENT Case # 04-0446
SUPPLEMENTAL NARRATIVE
• The vehicles are known, to them,to belong to Chris Eikenberg who lives across the
street.
• She and her husband didn't care the vehicle were parked there.
• She and her husband ignore Chris because they want to avoid conflict with hen
• She was out in the front yard working.
• Chris was getting into one of the vehicles and started yelling at her, Chris said "You are
harassing me and that is against the law!" along with many other obscenities.
• She told Chris "Well then please don't park in front of my house"
• She walked away after the words were exchanged.
• Later that afternoon she was sweeping the front walk way of rocks and dirt, with a blue
broom.
• She was not sweeping with exaggerated movements.
• She did not sweep any rocks or dirt onto or towards the vehicles parked in front of her
house.
• She and her husband do not want any problems with their neighbors.
• She and her husband stay in the back yard or inside when they see Chris, in fear of
conflict.
I observed a clean front walk way and a large pile of grass, rocks, and dirt in the street. I did not
observe any broken glass or plastic on the ground where the vehicles were parked. The vehicles,
in the manner they were parked, would have hindered the view of anyone looking out the north
window of the Eikenberg residence.
On 03/22/04 I spoke with Laura Klein, Chris' sister. Laura stated:
• On 03/21/04 she says the neighbor to the north was "flinging"rocks onto Chris' cars.
• Chris' cars were parked across the street.
• The neighbor was sweeping with exaggerated sweeping movements.
• The neighbor would sweep the rocks onto a small pile then"fling" them against the cars,
with a blue broom.
• There should be no large pile of rocks and dirt because all the rocks hit the cars.
• The neighbor kept looking around as if to see anyone watching her.
• The rocks were between pea size and gravel size.
• The neighbor performed a"Ta Da" after she had hit the car with rocks.
I believe there was no criminal activity involved in this case.
Neither party was charged or given a warning.
There has been an ongoing problem with Chris Eikenberg and her neighbors. In the past few
weeks I alone have been called to that area approximately 6-10 times on various different calls. I
have spoken with all of Chris' neighbors and they all say they avoid her because of the conflict
she causes. All the neighbors just want peace and quiet and for Chris to leave them alone. I have
Officer: jc—Pz: c Ci Date: 43/2-37c29
--70
/ 2 �a.
Supervisor Jy' ��/ '-' � Date: ?-L _✓`t
AULT POLICE DEPARTMENT Case # 04-0446
SUPPLEMENTAL NARRATIVE
asked the neighbors to do their best to get along with Chris. They say as long as she leaves them
alone they will avoid her, but she starts the trouble.
I have spoken to Chris on many occasions and she continually believes the town of Pierce and
her neighbors are conspiring against her. She also demands that the town of Pierce and her
neighbors be cited for Harassment and Making Threats. I have asked Chris to try and get along
with her neighbors and she states that it is them not her causing the problems.
Some issues of trash and animal complaints, against Chris, have also been reported to the Pierce
town code enforcement office. There have been many complaints to the Pierce town hall for
various different reasons regarding Chris Eikenberg.
No further.
•
Officer: ,7g„ne., /,o5 Date: O3/2-VO
�
Supervisor: / / Date:
AULT POLICE DEPARTMENT Case# 04-0446
SUPPLEMENTAL NARRATIVE
SYNOPSIS:
This supplemental is an update to the facts pertaining to an incident that occurred at 449
Shafer in Pierce, Colorado on 03/21/04.
INVESTIGATIVE NOTES:
On 03/23/04 at approximately 1240 hours I, Officer Pete Jones,received a telephone call from
Deb Schreiter regarding an update on information. Deb stated:
• The Kia SUV was, in fact,parked across the street from her residence when the damage
supposedly occurred.
• The Kia was not parked in front of her residence.
• The Kia was parked in front of 406 Shafer, the residence of Betty&Daryl Balmer.
• The Balmer residence is directly behind the Eikenberg residence on the same side of the
street.
• She has a video tape recording of where the Kia was parked while she was sweeping the
front walk way.
• She said she would make a copy of the video recording for the Ault Police Department.
I am awaiting the video recording and it will logged into evidence.
No further.
Officer at-tad, Date: O3(2_3/01
Supervisor: 1, // r/1 76/ Date: `- 2 Y '
v / U
April 30, 2004
I was upstairs, in the front room of Robin's home, looking to the north at the house on the
corner of Shafer. I saw the woman, who was across the street ,sweeping her walkway
from North to south with such force that you could see debris in the air. It was visible to
see she had a medium pile of rock, debris and dirt with leaves that she was sweeping
forcibly towards my sisters Van and Kia. She was sweeping so forcible to cause
intentionally debris to fly towards the vehicles that I was sure she might be doing some
damage. The broom was used like a shovel, and I could see that it was first aimed at the
van and then across her grass at the Kia. The van passenger door was towards her
walkway and the Kia was parked drivers door vertically behind the van, so that the door
of the driver's door was almost even with the back end of the van. As I watched the lady
I called my mother, Roberta Bliss Green, to come and look at what this woman was
doing. Mom was trying to get lunch fixed and mom left back to the kitchen. I called
Robin in to look at what she was doing. And then called her again as she got closer to the
Kia. Robin was going to make another run to the store and stated that she would be
going out to the car and said, "Just watch her. I continued to watch her forcibly sweep in
the street debris,rocks towards the Kia and then she flung out her arms with the broom. ".
I later learned of her behavior regarding my daughter and Robin when they went to get
paint
When I left Robin's she said she would be reporting the incident to the police for any
damage that could have been done to the vehicles.
When I spoke with this Officer Pete, he was very reluctant to take any statement I had to
make and I know he saw the piles of debris and he confirmed this. He was asking me
how big the rocks were etc.... I told him I believed that he didn't want to take this report.
It was also three days after the incident.
Laura Cline
2030 39th Avenue
Greeley, CO 80634
April 15, 2004
Statement for Court
We went to Robin's to help her with landscaping on 3/20/04 and then with her fence on
3/21/04. The following happened.
Robin and Jeff parked their vehicles vertically across the street and on the street. So, I
parked my truck across the street to the north in front a house on the corner of Shafer.
We parked vertically because of the skid loader and dump trucks that would be unloading
and work that was to be done to the front of her home on the West,North and South sides
of the home. At 2pm,the neighbor had come home and at 4 we left to feed.
We had parked all day without incident. We had finished most of the work and awaited
the last load of dirt. At 5 the skid loader was picked up. The dirt was delayed to be
dumped until the following day.
On 3/21/04 Robin was running for the electrician and I went with her to Greeley. She
continued to park her vehicle in the same spot as the day before. She went back to
Greeley immediately with her sister to get screws for the fence and lunch. She got back
in time to take her niece to Ace in Eaton to pick up paint. Jeff had just gotten home from
church it was 1:30 and also parked across the street in the same place. I went in to
prepare lunch. Robin returned at 2:00 and I went in to fix lunch with her. Robin asked
why the van was moved horizontally. I told her that earlier, the officer came over and
stated to Jeff,Dad and the electrician that the lady in the house says your parked on
"Private Property". Jeff asked him where the van was suppose to be parked and the
officer said "the other side of the mound where the road grader leaves a mark. Which is
only 7 inches and was in the street anyway, from her grass line and it had to be moved.
Jeff said he would move it to avoid any problems. The officer then informed me that I
was parked 15 foot from the fire hydrant and should be 20 and he would give us a
warning but not a ticket. I went back into the front room to see the woman across the
street waving her arms,pointing at the vehicles and a white haired lady. (Robin identified
this person as Mrs. Wagner) The woman was obviously complaining about our vehicles
an pointing at our truck and talking about this to this Ms. Wagner.
I learned later from Robin that the officer mentioned this fire hydrant parking was no
problem that there were complaints coming in from the neighbors and he wished they all
would grow up. She also told me that Officer Ryan Skippy had told her were we had
parked yesterday was legal and no problem when he came by and she told this to the
officer when he had stopped by meeting the grandkids. This officer Pete allowed the
woman to lie about it being"private property" and refused to believe Robin or Jeff
regarding the previous officers visit the day before.
About 2:50, Scott needed something else and asked her to make a quick list to go back to
ACE. Laura called me in front room,which is 8ft off the ground, to see the woman
across the street. I observed she was sweeping rather forcibly towards the daughters van.
She was at the back of the van,her right side to the street facing the Kia anc$ie had a
broom in her hand. Laura called Robin in to see this and I went back into the kitchen to
finish preparing lunch. Laura remained watching her through the front rooms North
window and yelled for Robin to come back and look at this. She was sweeping towards
the Kia now with the same force. Laura and Robin were telling me what she was doing.
Robin had to leave and told Laura to "watch her" and she ran out the door.
Robert Green
Galeton
December 1, 2006
Town of Ault
Ault Police Department and Mayor
Main Street
Ault, Colorado
CRS 24-72-201 Colorado Public Records Act
This CRS Colorado Revised Statutes allows for the public to view all records and reports
made to the Town of Ault and person reporting Code Violations and court records to be
viewed.
You have three days 72 hours from the date of reception of this hand delivered notice to
produce the names of the people that called to report a complaint, any and all complaints
against the Eikenberg's, the police officers that responded,Dates, Times and description
of what was reported by the person and then by the officer to have a response to come out
to the home of or to drive by the home of Jeff and is Eikenberg from October of 2001
through November 26, 2006 who have called into the Town of Pierce regarding alleged
complaint against either, Jeff or Chris Eikenberg. View of this report or verbal
indications of any alleged violations and what was reported. This request is supported by
the Colorado Records Act.
Further, all calls made from the Eikenberg's, dates,times and what the complaint was
when called in, who was the officer: (For example. Balmer's called during landscape
project Eikenberg's were in their yard, officer Ryan S. responded.)Check on the property
lines by officer Jones and Police Chief of Ault and the date of that visit.
Need the full names of the officers and rank.
Correspondence for non-compliance must include what rule, act or protection can be
legally found that may impede such discovery should be sent to the address listed below.
Otherwise three days from today viewing such information must be provided as provided
by Colorado Revised Statue listed above.
This notice was conferred upon through hand delivery on December 1, 2006 with mail
delivery to follow after this date notification. Any correspondence is to be sent to
The Eikeneberg's
404 5th Street
Pierce, Co 80650
.:`- /I - :' ti rti_.r !�. - Chief Tracey McCoy • .
S • `1, 1 1/f+11 201 1st St PO Box 1098
',_ fG+I� + r 1' ,+ r 1/1/ 201
Ault•Co 80010 ,,y
kJ An. ! Lt 4Gf'/PRTMG,vT 970-8342100 970-8341330 Office
a
tmcooy latownofauh.pg
The Eikeneberg's December 1, 2006
404 5th Street
Pierce, CO 80650
Dear.Eikenberg's,
The Ault Police Department has contracted with Greeley/Weld Records since January
2005. You may make a records request in person at 1950 "O° Street. I believe that
they can complete a records search for you using your name and/or your address. If
you have any dates or case report numbers available it will help them in their search.
You will be charged a fee for each report you request and you may be charged a
research fee. Incidents that did not result in a subsequent police report are only kept for
a limited time. The Records employees will be able to advise you of the timeframes that
these types of incidents are kept and the exact fees for their services.
The Ault Police Department does not have any authority over Code Enforcement issues
in the Town of Pierce. The Town of Pierce has their own Code Enforcement Officer and
that person is not affiliated with the Ault Police Department. There are rare instances
that the Ault Police would respond to code enforcement issues in Pierce, such as noisy
animals in the late night or early morning hours. The responding Ault Police Officer may
issue a citation for a Pierce Code violation during these rare instances, but most of the
time the officer will attempt to give a warning to the suspected violator and notify the
Pierce Code Enforcement Officer of the complaint. The Pierce Code Enforcement
Officer will then handle the complaint how they see fit.
The Ault Police Department responds to any and all citizen complaints. If we can not be
of service to you, we will attempt to provide direction or at the very least explain why we
are not able help you. I encourage you to call the police for any suspected criminal
activity. We will do our best to assist you.
Please feel free to co ct me with any questions you may have.
racey McCoy
Chief of Police
Ault Police Department
l Uv� -c t US;`1
On March 21 on a Sunday, my Aunt Robin asked my family, (dad, mom, sister, brother, and I) and my
grandparents to come and help finish the yard and the fence. My Aunt Robin saw the police officer in
front
of the house. I had Issy and my brother had Emily, my Aunt Robin asked the officer if he would like to
come in and have some lunch/dinner and he said he has his own. My Aunt Robin then asked me to go to
the store with her to get the paint and my sister can go another time. When my Aunt Robin and I went to
the car,the lady from across the street came to the car window. I was scared when the lady came up to
the car. She had a mad expression on her face and she had her left hand behind her back and her
right was pounding on the window and her left hand looked like it was holding something. She pounded
on the window, at the time she was looking at my Aunt Robin.
I told my Aunt Robin that the lady wanted to talk to her. The lady looked at me in an angry way that it
scared me.
She then pounded on the window once more, my Aunt Robin started to back up the car, and the
lady then went up to her husband, which had a broom. On the way
out of town my Aunt Robin saw the police officer again, we drove up to him and said that the lady from
across the street was bothering us and he said he would speak with her. On the way over to the store my
Aunt Robin asked me if I knew why she didn't talk to that lady, I said no and she said that she doesn't
like talking to people that start fights and makes things worse. When we were heading back we saw that
the van was facing the different way then it was when we left. I don't know that my Aunt Robin and my
cousins are safe because the lady acted so meanly in the street. I don't know if it is safe to have that lady
around because what if she comes up to my Aunt Robins house when my Aunt Robin is getting in the
house, or in the car, or is enjoying the wonders of the outdoors. I have no clue of what would happen if
she
comes up to my Aunt Robin. I am afraid for my Aunt Robin and my little Cousins.
r
1)- C •
- 14'1'' I J ns
/
cavil-eq.)c-act
Honorable Judge Karowsky,
I have exhausted all avenues trying to work with the police while we have had
landscaping projects and home improvement projects to make our home more secure
and handicap accessible since our break ins these past two years. I did not know why
the defendant decided to become destructive to my property, to misinform police and
be abusive to me, my family or any guests.
Please see the attached pictures of the street. (will be provided to court)
This is not about the problems with the town of pierce, but the clarity to explain why
our vehicles were parked on 3/21/04 in the same spot as the day before on 3/20/04.
I have a degenerative disease in my spine. I have problems with my feet, balance and
a myriad of other unpleasant disability conditions. None are mental. Chronic pain
prevents fluidity when I am tired and stressed to speak as clearly as I would like.
Therefore, I appreciate your patience in reading or listening to this. Shafer has 7
neighbors all who have had their property graded up to their property lines for years. I
am the only one that has never had that same benefit of a smooth safe road on my
north side on Shafer. There is such unevenness in the differing dirt types and holes ,
weeds, misc things to trip on and cause for safety concerns for me and my guests
which I have requested be remedied but ignored by the town. We also have be doing
work to the property that allowed for easy access by dump trucks and skid loaders.
On 3/20/04 We had parked since Sam. At 2pm time the defendant drove past our
house going to hers in her car. We were parked in that spot for 6 hours with no trouble
until she came home. We had 4 vehicles to park off of the thoroughfare where semi-
trucks come into the packing plant off of main and down past our home at the request
two years prior, the town counsel to keep the street on our west side free from traffic
problems during the week. Even though it was a Sat and Sunday we observed this
the prior project was also on a Sat and Sunday two years ago. The skid loader, trailer
and dump trucks were due to unload on the west side and north side of our property.
My father and mother parked their truck across the street also in front of their home to
allow for skid loader and dump truck easy access. One vehicle was parked in the
driveway. Our elderly neighbors get bent out of shape if their parking is used whether
they have guests or not, so we did the rational thing and parked across the street. We
were finished with the skid loader by 2 and they picked it up at 4. As soon as we were
finished we moved our vehicles back to our driveway. Mom and Dad parked on the
north side.
On 3/20/04 we talked Officer Ryan Skippy around 4pm? We had offered the neighbor
behind us a ever green tree to replace one ( if it was needed) for the smoke damage
from the shifting wind on our property. They live extremely close to our back door and
they are acquainted with the defendant. Officer Skippy said they refused the offer and
had checked the tree and there was no problem. We asked Officer if there was any
other problems and he told us that there was a complaint that we parked our cars too
•
( MOyc-a.00'i-
far out in the street. We asked him if we had and he said no, we were parked legally
on the public street in front of the defendants house. We informed him that they had
just returned home about 2 and we had been parked there since Sam. We told him
that we were doing more work tomorrow and probably will be harassed again
because of the work and type to be done. Please inform the officer for tomorrow about
our event and he said he would. We have done this more than once because of the
continued harassment for parking on the street that Officer Ryan experienced two
years ago when we did a huge landscaping event . We went to town meeting to inform
them and had purchased the needed permits to do the landscaping. We thanked him
and he left. We discovered after that day in 2002 that the defendant had told the
fraternity men, who came to help with the landscaping, that they could not park in front
of her house because she was going to have a party... because it is necessary to live
with neighbors we informed the men where to park. Her party never materialized
those two days.
On 3/21/04:
We had already seen the police officer Pete Jones that morning and explained to him
that we had a family reunion to fix up the fence and friend to finish the work that we a
permit to finish from the before. I had even introduced him to the nieces and nephews
and my children who came out in the street to say hi. Jessica and I then immediately
collected our lists and went out to our vehicle parked in front of the defendants.
That day we had 7 vehicles to be parked.
3/21/04 We were parked the same exact spot and decided to make a run for paint to
Ace in Eaton. Walking out to the kia, parked in front of the defendants home on the
street. She approached me and my niece Jessica Cline. The niece got in and I got in
and she followed me further out in the street as I was backing up. She pounded her
fist on the window and yelling "your parked on private property." I was very shaken
that some one would pound /beat their fist on my window in public street. We turned
onto main street where we encountered Office Jones sitting in his car. We pulled up
and Jess rolled down the window. I told him that we were being harassed again. That
we have parked legally on the street and that we parked no differently than we did
yesterday when we got the ok from the other officer. Please stop this person from
harassing me. I was pretty shaken and trying to keep calm for Jessica. Told her you
don't encounter irrational people you run. His report does not reflect our personal
contact regarding this neighbor incident. He said he would check it out.
When we came back, the van had been moved horizontally from where it was parked.
I parked in the same place and we walked in. I asked why the Van was moved from
where we parked. I was informed by the husband that the Officer Pete was told by the
neighbor that we were on private property and that she owned 20ft of street in front of
her house. He had come over and informed the husband, scott, my father and mother
and sister about this infraction. Scott is not a member of family who was finishing work
in the back yard. When I stopped with Jessica to report the harassment to Officer Pete,
I informed him that his was settled yesterday but to keep peace my husband
•
P o
Q # O4 e - aoor}
unnecessarily moved the Van. Officer told Mom she was parked too close to a fire
plug when she was 16ft away from it on the north side of the street and there was
really no problem because you could get a hose in between the truck and the fire plug
comfortably. I told my mother he mentioned that when he first came by and met the
kids. Officer refused to believe us or check out our story regarding Officer Ryan's visit.
In an attempt to stop her harassment and keep peace husband moved over vehicle
horizontally. When I came back I parked in the same spot vertically not knowing about
the officers visit to us. That is also not in the report leading to the vandalism our
vehicles.
Mom was helping get late lunch made and Laura was in the front room upstairs. IT is
8 ft plus and you could see clearly the Van this dirt/sidewalk and the kia. (SEE
PICTURES OUT FRONT WINDOW) I walked in the den to get a note pad so I could
take notes for scott and what he needed from ACE. Laura yelled for mom to come
look at this. Then mom and her yelled for me to look what the neighbor was doing .
She had a broom and was sweeping very vigorously the ground pushing rocks, dirt
debris at the van. Not sweeping west to east but from the north towards the van. She
was sweeping/flinging with her sweeping motion dirt and rocks at the van. I grabbed
a pencil came back to the window and watched her fling rocks/dirVgravel at the KIA. I
then saw her sweeping/flinging rocks, debris towards the east at my Kia. I told Laura
to keep watching to see if she did any damage, I would call police later and I was
leaving for ACE about 4:00pm. I approached the car she walked away briefly then
came up to me and yelled at me that I was parked on private property. I told her to
check her survey pins and stop harassing me on a public street. IT was against the
law to harass me and told her to stop it. I left for the store.
When I came back she was out side. I saw that the Balmers kid parked over from
where he was parked in front of his folks home so I parked there to avoid her ranting.
She had something in her hand and I wasn't about to get attacked again verbally or
possibly physically ( I saw her actions before towards the cars) so I quickly walked to
my back yard. Seeing her use the broom on my vehicles I thought it was best to park
away from her. Located the Electrician and she was noted to have come out again
with the broom sweeping debris in a pile right where I had parked before. After thirty
minutes later I moved the vehicle into the our driveway from the Balmers because scott
left. Scotts' was in the driveway and left around 5pm. Laura and Jim parked as close
as they could to the shed off the street. We were parked two cars in front of the
defendants and one truck on the sideways on the north of our property. The Balmer
kid parked to our back end of our property blocking dump trucks entrance. The rest of
the drive way was used as a work area for the fence going up. Reluctantly I parked in
where the Balmers kid had parked in front of their house knowing that they would
complain and we would be getting another visit.
As soon as we got the driveway cleaned up we moved the van over when Laura left.
When she did I called the police to inform him of the episode of gravel and sweeping. I
was out with him when we both discovered the damage to the Kia. I had asked him
before the discovery to please take a report and he refused unless there was damage.
•
( J ()Mew Oil G—aod'i-
He was reluctant to file any report for vandalism or complaint regarding what I had
seen or Laura. When he saw the damage he automatically assumed it couldn't have
been done by the neighbor. I insisted he file one regardless so if there was additional
damage I could have a case number for my insurance. I was to check tomorrow if the
Chief felt it was necessary to file anything. The Van needed washed and I told him that
I would check it. But there was a broken signal light on our KIA that was not there
before. It was getting dark and you could see scratches on the kia door and I
mentioned that to the officer Pete. I told him I would take it to the adjuster and have
him check it out after washing the vehicles. I also told him we had just had 1000.00
worth of work done to the vehicles and they would have informed us if this head
light/signal was damaged.
He would not take a report that I night contacted him. There is nothing mentioned of
me physically contacting him on the street with Jessica and lodging my complaint that
she had harassed us. He had to ask his chief first. WHY? Why do I have to wait for
him to talk to his chief or get a case number? I had to go in and insist that report be
filed the next day because of the damage to the car and had to insist he talk with the
witnesses and my niece about the defendants behavior. I told him that I wanted
charges pressed because of the vandalism that I myself observed with two other
people. He still has not talked with my niece or other witnesses who were at my
home and he is not interested in doing so. I took the car to adjuster who decided I
have $700 worth of damage to the car.
I took the report to the police station and contacted on 3/30/04 to add this to the case.
He stated that it was not criminal but civil did I get a copy of the report and I said no.
He made a copy. He told me that it was not a criminal but civil matter and that he was
not going to deal with this because he had spent two weeks on this and walked away
stating that the Chief told him how the report was to be written and if I didn't like the
report to take it up with the Chief of Police in Ault. I had in my had the report from
GEICO for the $700.00 of damage. Told him this needed to be added to the case and
he stated take it up with civil. I walked out and went to see the attorney for a
restraining order.
I have spoke to him regarding harassment by the Town of Pierce and the neighbors
previous weeks because of home repair. Officer Pete Jones noted the neighbors and
neighborly attitudes were hostile. I told him that I would not go to any of the neighbors
because I could be they are hateful and am afraid that I would be falsely accused of
something and was not going to chance it. He did admit that there is jealousy by the
neighbors about having had the place landscaped, they are curious about possible
public funds having been used and other statements that were so off the wall. They
are curious where we have gotten the money to fix up our home. He did offer his
services so that there would not be an incident, however, this proves to me that I am
not protected nor would be by the police present or not. I told him we would be using
the left over paint to seal the fence from weather and then repaint it when it turned
really warm. He didn't want to go there. He also stated that he had talked with all the
neighbors and the complaint was we had landscaped our home. He wished they all
efilik C7gG-a oo'}
would grow up and treat each other neighborly. Yet could not tell me what I had done
so wrong to them individually or collectively. I told him I have consulted the neighbor
about the fence prior to installation two years ago, the town counsel about the project
at our home to landscape weeks in advance two years ago, obtained legal permission
and ownership of the tree in the city street, the permits for the electrical two years ago.
We had building materials and not landscaping materials on our property for two years
without incident until we started putting up the pickets for the fence.
A few days later Chief Terry and Officer Pete Jones we t over to the area and noted
that where there were mounds of gravel and dirt and debris there was a burn spot
where the Kia was. This corms.• _a- • ' • 1- + ID •f » - = _ • l • - !'•
inside the light. IF there was any broken plastic the area had bee tam•ered with but
it was not noted in the report,. I did inform the Chief that there was proof that the light
was intact because of the repair work on the car the week before. This is not in the
report They take walk around assessments of any damage to the car. He did not care.
I was told by the chief not to park there or expect my cars to be vandalized and have
problems should I park there to provoke her? I didn't know that there was problem
with her that would be considered provoking. It is a public street. I asked him where
he parks his guests when there is no place in front of his home and he said on the
side street. I didn't do anything different than he would do. I told him that there was no
provocation on my part towards them. It is a public street and reiterated everything I
have stated to this court. I have events where additional parking is going to be needed
by family and guests and it is a public street and I showed him the survey pins on my
property snd she should have them also to tell where the street is. Later, I was
informed that they have noted that there is no 20ft of personal street property owned by
the defendant by having stopped at city hall and researching it. SEE VIDEO TAPE OF
AREA taken friday april 16th. I have also checked with the assessors office to validate
that.
I want protected from vandalism if my the officers are refusing to file reports even after
there has been or they have seen damage, even when he saw it he has to have the
CHIEF's approval to even give me a case number? The report the officer filed is
incomplete and does not clearly place the events that surrounded her vicious act.
That is what brings me here before your court is the need of protection from such a
neighbor who would attack a disabled person and child. Police that refuse to
investigate and not even talk to the witnesses, refusing to take reports unless they
could confirm vandalism, and still don't take the report unless approved by the Chielf?
There were three witnesseswho saw her use the broom on the vehicles. Not making a
full report thus failing to report contacts regarding harassment by defendant,
harassment to move cars on a public street when the matter was settled a day before,
with no back up from the police department to protect us from harassment or possible
bodily injury.
I am scared of her violent nature. Her viloence is condoned by the police.
I believe she will continue to terrorize me by calling the police and attempt to stage an
too' Cam¢ GLe —a-texr+
episode with guest , family, or work men when I have an event . Because the police
know that the public road is not owned by her don't want continued harassment by her
when the street is clearly not owned by her they seem to side with the neighbors
becasue we were on a public street. There is nothing keeping her from doing this
again if this is not made permanent according to Michael Dugan attorney at law and
this is the only way to stop such harassment.
Thank you for your time.
April23, 2004
Jim Hartman
Investigations for D.A. office
Mr. Hartman,
I spoke with you prior regarding the fact that the police in Ault were not filing reports
when I have been harassed or when there has been incidents regarding harassment
or other protection issues.
I was told by you that you can't to anything unless the police submit a report. I
informed you the police were the problem. That I was instructed to call your office
when it involves the conduct of a police officer. I was blown off.
SO I called, an attorney and he told me to call the FBI who said that the State attorney
office handled issues like this. After talking with another attorney that stated that the
county was to take up issues surrounding the failure to protect and other issues
surrounding complaints about policemen I then called the State attorney back and
they informed me to try again.
I got you again. Now you want me to send you full details surrounding my complaint. I
told you that I have a statement that is only geared to Lynn Karowsky regarding the
restratining order that I need to have made permanent and you want my statement
sent to you. What is different than why I was blown off as before?
I can only send to you at this time the statement that will be part of the retaining order. I
am having to then pull the time line back with agencies I contacted regarding the other
complaints against this failure of the police, the harasssment by the neighbors, to
Annie, Town of Pierce clerk during that time, to use the the town resourses to act as
spy, Colorado Inspection Agencies, and other such items. I realize you are the
investigator and that is suppose to be your job. SO I ask you what you may have
available to you so I know where to direct your inquiry. I look forward to your written
reply.
Sincerely,
Chris Eikenberg
CC: File
sent faxed with cc of statement to court o4c-2007
Hello