HomeMy WebLinkAbout20170417.tiffCORRESPONDENCE RESPONSE
DEPARTMENT OF BUILDINGS AND GROUNDS - TOBY TAYLOR
* * * PLEASE RESPOND WITHIN THREE DAYS * * *
IF RESPONSE WILL BE DELAYED,
PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF
EXPECTED DATE FOR RESPONSE.
RECOMMENDED ACTION:
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Letter (Attached)
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C:\Users\crempel\Desktop\COMPLAINTS - B&G Weed Trimmer Damage.docx
2017-0417
RECEIVED
October 12, 2016
Weld County Commissioner
Julie Cozad
1150 O Street
Greeley, Co 80632
Dear Commissioner Cozad,
OCT 142016
WELD COUNTY
COMMISSIONERS
September 28, 2016 @ 7:45am I was to appear for Jury duty in Weld County. I am not familiar with the
area and missed the jury parking lot turn in. I was west on 10th Ave to 10th St stopped at the light to
make a right hand turn to circle around the block.
As I was waiting for the light to change I heard a very loud object hit the right passenger side of my
vehicle with great force. I looked over to my right on the courthouse lawn there was a gentleman using a
self-propelled weed eater, trimming the grass that meets the rocks ejecting debris in my direction.
After the light changed and the front traffic moved t immediately pulled over and inspected my vehicle
there was damage to the right passenger side two dented with the paint missing I spoke to the
gentleman informed he had hit my vehicle with flying rocks, I asked for his information he said B&G. I
had to leave to make it to court on time. Upon entering the court house I noticed the man speaking to I
assumed was his supervisor, I asked who do I speak to about this matter and was given the direct
contact number.
After returning home from jury duty the same day I filed a claim. I spoke to Mr. James Adams with CTSI
at great length with all the details. He would get back with me the next day.
I never received a call back from Mr. Adams so I called him on October 4th 2016 at that time I was
informed by Mr. Adams that all county employee were exempt for any damages that may occur to
bystanders or vehicles I understand the worker would not be held personally legally responsible.
However, someone needs to be held accountable. "Please find Mr. Adams letter attached in addition my
reply letter".
In Mr. Adams October 04, 2016 letter he continues to reference a mower, this gentleman was never
operating a mower as I mention above this was a self-propelled hand held weed eater/ trimmer and he
was negligent and not following safety protocol by operating in the direction of traffic.
There are 561.00 in damages done to my vehicle per the estimate from Spardley Barr Ford (estimate
attached). As I mentioned above someone needs to be held accountable for if you're not held
accountable for your actions you become so complacent you overlook safety protocol. If you are going
to place someone in the proximity of vehicles and bystanders they need to cut off the weed eater/
trimmer until the possibility of damage no longer is present.
This was the side of pickup, god forbid if this would have been just a few inches higher it would have
come through the window and hit me or a child in my vehicle the outcome could have been atrocious.
I am a senior and have lived in Weld County for years I pay my taxes and I am told that if someone is a
county employee not following safety protocol and damages my vehicle they can't be held liable?
Thank you for your time to this matter
Sincer ly,
( 7
Sharon Stanford
4921 32nd
St
Greeley, Co 80634
970-673-8638
cc: Insurance commissioner of Colorado
cc: Weld County
cc: CTSI James Adams
CTSI
Serving Colorado's Counties
October 04, 2016
Sharon Stanford
4921 32"d Street
Greeley CO 80634
RE: Claim Number: C216WEL060
CAPP Member: Weld County
Claimant: Sharon Stanford
Date of Loss: 09/28/2016
CTSI handles the claims administration functions for the Colorado Counties Casualty and Property Pool
(CAPP) of which the above captioned county is a member. We are in receipt of a new claim submitted by
the above named county regarding damage sustained to your vehicle.
Under the Colorado Governmental Immunity Act, Section 24-10-106 immunity is waived by a public
entity in an action for injuries resulting from a number of specific areas. One of those specific areas is the
operation of a motor vehicle, owned or leased by such public entity, by a public employee while in the
course of employment, except emergency vehicles operating within the provisions of section 42-4-108 (2)
and (3).
In this loss, our county employee was operating a mower owned by Weld County. Under the definitions
of "motor vehicle" and "mobile machinery" one looks at the design and use. A mower's primary purpose
is for maintaining landscape. In this loss, our mower was performing landscape maintenance. A mower is
not considered a "motor vehicle" under the Colorado Governmental Immunity Act.
The county is provided governmental immunity for this loss and this matter is not subject to payment. We
tf t you understand our position in this matter.
7,rl'ames Adams
Senior Claim Examiner
cc: Weld County
Administration & Loss Prevention
Phone: 303.861.0507
Fax: 303.861.2832
County Technical Services, Inc.
800 Grant Street • Suite 400
Denver, Colorado • 80203
email: ctsi@ctsi.org
Claims (CAPP & CWCP)
Phone: 303.861.0507 1-800.544.7868
Fax: 303.861.1022
October 10, 2016
CTSI
800 Grant Street
Suite 400
Denver, Colorado 80203
RE: Claim Number: C216WEL060
CAPP Member:
Claimant:
Date of Loss:
Dear Mr. Adams,
I am in receipt of your letter dated October 04, 2016 for denial of payment on the above claim number
Weld County
Sharon Stanford
09/28/2016
First we need to clear up some misperception on your part per our phone conversation September 28,
2016. On no occasion during our extensive conversation did I ever indicate to you that the employee
was operating a mower. This employee was using a weed trimmer self—propelled hand tool.
It is clear this employee was negligence in the use of a self- propelled hand tool and damage to my
vehicle resulted. Below you will find the safety protocol guidelines for all hand held self -propelled weed
trimmers:
1. Evaluate and know the direction of spin or head rotation for your weed eater/trimmer. It is
very important to travel in a path that "spins" and/or ejects debris away from people, vehicle and
property that could be injured or damaged. The furious action of the turning head and plastic string can
cause injury in of itself not to mention the flying dust and debris, creating a dangerous situation for both
the operator and bystanders. From the noise of the engine to the potential for flying objects, string
trimmers are among the most dangerous of the lawn care tools.
2. The damage a string trimmer can inflict is severe whether from flying rocks and debris or the
string of the trimmer head itself. Extreme care must be taken in both personal safety and the safety of
others including the potential to damage property. String trimmer operators can only benefit from
practicing common sense safety.
3. When using the weed eater/trimmer, be aware of your surroundings at all times. When traffic
and pedestrians are within close proximity of the work area, cut the machine off until they pass by to
prevent any debris from flying in their direction
In your denial for payment letter dated October 04, 2016 you well-defined under the Colorado
Governmental Immunity Act, Section 24-10-106 as the operation of a "motor vehicle" and "mobile
machinery" and the design and use as for your reason for rejection of this claim. Below I have
investigated the legal definitions of "Mobile Machinery "as well as "Motor Vehicle"
1. Mobile Machinery Definition:
The tern "mobile machinery" is defined as heavy equipment, except shop or
hand tools, which is self-propelled, towed or hauled and used primarily in construction and maintenance
of roads, bridges, ditches, buildings, or land reclamation.
2. Motor Vehicle Definition:
The term "motor vehicle" is defined as a self-propelled vehicle which is
registered for highway use under the laws of any State building, or land reclamation.
As mentioned above this employee was negligence in the using a self-propelled hand held weed eater/
trimmers, not a mower and did this employee sign a training sign off sheet on the safety protocol of that
job?
Therefore your reasons for denial would not relate to this claim.
Attached you will find a Preliminary Estimate from Spradley Barr Ford Lincoln in the amount of 561.00
for the damage sustained to my vehicle.
I have followed every protocol required to file this claim in good faith. I expect the same from you.
Thank you for your time to this matter.
Sharon Stanford
4921 32nd St
Greeley, Co 80634
cc: Weld County
cc: Colorado Insurance Commissioner
cc: Weld County Commissioner
SPRADLEY BARR FORD LINCOLN
MERCURY
"Always Seeking Perfection"
2829 W 30TH STREET, GREELEY, CO 80631
Phone: (970) 506-3700
FAX: (970) 336-1312
Preliminary Estimate
Workfile ID:
Federal ID:
6782d76a
26-1135184
Customer: STANFORD, SHARON
Insured: STANFORD, SHARON
Type of Loss:
Point of Impact: 03 Right T -Bone (Right
Side)
Owner:
STANFORD, SHARON
4921 32ND STREET
GREELEY, CO 80634
(970) 673-8638 Day
Written By: Brice Cochran
Policy #:
Date of Loss:
Claim #:
Days to Repair: 0
Inspection Location: Insurance Company:
SPRADLEY BARR FORD LINCOLN
MERCURY
2829 W 30TH STREET
GREELEY, CO 80631
Repair Facility
(970) 506-3700 Business
COLORADO FARM BUREAU
VEHICLE
2014 NISS FRONTIER 4X4 CREW CAB PRO 4X 4D SHORT 6-4.0L-FI BLACK
VIN:
License:
State:
1N6AD0EVXEN769691
348-UQD
CO
Interior Color: GREY
Exterior Color: BLACK
Production Date:
Mileage In: 4,368
Mileage Out:
Condition:
Vehicle Out:
Job #:
TRANSMISSION
Overdrive
6 Speed Transmission
4 Wheel Drive
POWER
Power Steering
Power Brakes
Power Windows
Power Locks
Power Mirrors
DECOR
Dual Mirrors
Privacy Glass
Console/Storage
Overhead Console
CONVENIENCE
Air Conditioning
Intermittent Wipers
Tilt Wheel
Cruise Control
Rear Defogger
Keyless Entry
Alarm
Steering Wheel Touch Controls
Climate Control
Backup Camera w/Parking Sensors
RADIO
AM Radio
FM Radio
Stereo
Search/Seek
CD Player
Auxiliary Audio Connection
Premium Radio
SAFETY
Drivers Side Air Bag
Passenger Air Bag
Anti -Lock Brakes (4)
4 Wheel Disc Brakes
Traction Control
Stability Control
Front Side Impact Air Bags
Head/Curtain Air Bags
Hands Free Device
Positraction
SEATS
Cloth Seats
Bucket Seats
Reclining/Lounge Seats
Heated Seats
WHEELS
Aluminum/Alloy Wheels
PAINT
Clear Coat Paint
OTHER
Fog Lamps
TRUCK
Rear Step Bumper
Power Rear Window
10/3/2016 9:23:08 AM 063643
Page 1
Preliminary Estimate
Customer: STANFORD, SHARON
2014 NISS FRONTIER 4X4 CREW CAB PRO 4X 4D SHORT 6-4.0L-FI BLACK
Line
1 FRONT DOOR
2 * Rpr RT Outer panel w/o molding
3 Add for Gear Coat
4 R&I RT Belt molding
Oper Description Part Number Qty Extended Labor Paint
Price $
5 R&I RT Mirror assy w/o heated glass,
w/power black
6 * R&I RT Run channel
7 R&I RT Handle, outside body color
black (KH3)
8 R&I RT R&I trim panel
9 # Subl Hazardous Waste Removal
10 # Repl Corrosion Protection
11 # COVER VEHICLE
1 5.00 X
1
1
0.3
0.3
0,2
0.4
0.4
ESTIMATE TOTALS
2.3
0.9
0.5
0.5
SUBTOTALS 5.00 3.1 4.2
Category
Parts
Body Labor
Paint Labor
Paint Supplies
Miscellaneous
Subtotal
Sales Tax
Basis Rate Cost $
0.00
3.1 hrs @ $ 54.00 /hr 167.40
4.2 hrs . @ $ 54.00 /hr 226.80
4.2 hrs @ $ 36.00 /hr 151.20
5.00
550.40
Grand Total
$ 151.20 @ 7.0100 % 10.60
Deductible
CUSTOMER PAY
561.00
0.00
INSURANCE PAY
0.00
561.00
IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO AN
INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY.
PENALTIES MAY INCLUDE IMPRISONMENT, FINES, DENIAL OF INSURANCE, AND CIVIL DAMAGES. ANY INSURANCE
COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE, INCOMPLETE, OR
MISLEADING FACTS OR INFORMATION TO A POLICYHOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING
OR ATTEMPTING TO DEFRAUD THE POLICYHOLDER OR CLAIMANT WITH REGARD TO•A SETTLEMENT OR AWARD
PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE
WITHIN THE DEPARTMENT OF REGULATORY AGENCIES.
10/3/2016 9:23:08 AM
063643 Page 2
October 19, 2016
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 5226
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
GREELEY, COLORADO 80632
Sharon Stanford
4921 32nd Street
Greeley, CO 80634
RE: LETTER OF CONCERN
To Whom It May Concern:
Thank you for contacting the Weld County Clerk to the Board's Office in service of the Weld
County Board of Commissioners. We have received your letter of concern and are processing it.
The issue you raised is under the jurisdiction of the Weld County Department of Buildings and
Grounds. The department head, Toby Taylor, is directly accountable to the Weld County Board
of Commissioners. Your letter is being forwarded to both the County Commissioners and the
department head of Buildings and Grounds. You can expect a response shortly. Once your letter
of concern has been reviewed, the letter itself and the Weld County response will be listed on the
Weld County Board of Commissioner's agenda as a communications item.
You can reach the Department of Buildings and Grounds at (970) 356-4000, extension 2020.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 400-4225.
Very truly yours,
Chloe A. Rempel
Deputy Clerk to the Board
crempel@weldgov.com
cc: B&G — Toby Taylor
BOCC
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
October 20, 2016
Sharon,
I appreciate you voicing concern about the pending insurance claim against Weld County. Since the
matter you referred to involves a claim of property damage, it has been turned over to our insurance
provider CTSI. They handle claims such as yours on behalf of Weld County. From your letter, it appears
you have the contact name of James Adams from CTSI of (303) 861-0507. You will need to work with
CTSI on the resolution of this claim.
Sincerely,
Toby Taylor
Director
r FOR RECOMMENDATION
KIRKMEYER
O
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