Police investigation sustained coverage john gardner web by Rebecca Hemmann

Voting information for the Nov. 5 election Oct. 15 — First day mail-in ballots may be sent to voters, except for Uniformed and Overseas Citizens Absentee Voting Act voters. First day replacement ballots may be made available at the county clerk’s ofﬁce. (No sooner than 22 days before a nonpartisan election.) Oct. 29 — Last day to apply

for a mail & mail-in ballot if the elector wishes to receive their ballot by mail. Nov. 1 — Last day to apply for a mail-in ballot for the Coordinated Election if picked up at the designated election ofﬁcial’s ofﬁce. (Close of business the Friday before the election.) Nov. 5 — Coordinated Election (Polls open 7 a.m. to 7 p.m.)

Call for artists

Read aloud to children

Area artists may submit entries to the library that can be wall-mounted and must correspond with the theme: the power of stories. A contest will be held on the evening of Nov. 8 to coincide with the library’s event: Histor[y]ie Manifesti, which begins at 6:30 p.m. The evening celebrates the library’s newly remodeled space with entertainment, demonstrations, refreshments and story-telling. Wall size: 2.5’ by 6’; the library is accepting either single or multiple entries to fit the space. Entries must be to the library by Nov. 2, 2013.

To highlight the importance of reading aloud to children, Thompson School District will celebrate Read Aloud Day on Tuesday, Nov. 12. Community members are invited to read to classes in elementary schools. The time commitment is approximately 30 minutes. Various schools and time slots are available. Register online at www.thompsonschools.org or contact Chris Ingold, 613-5072 by Oct. 18 to sign up.

“In towns where there is a strong sense of community, there is no more important institution than the local paper.” ... Warren Buffett

Berthoud Weekly Surveyor is on Facebook

Thursday, October 10, 2013 © Berthoud, Colorado

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Volume 10, Number 41

Left to right: Deanne Mulvihill, Berthoud Area Chamber of Commerce director, and Barbara Worbs, Oktoberfest committee member, ofﬁcially opened the Oktoberfest celebration with a resounding “Prost.” The Chalet Dancers, an international performance troupe from Castle Rock, Colo., performed for the crowd of over 1,000. Francis Liedle leads folks in a dance. The Dick Zavodney Band entertained for several hours. 40 children participated in the pretzel eating contest. Photos by John Gardner and Becky Justice-Hemmann

P&Z approves Haworth 4-3 By Rudy Hemmann The Surveyor A “standing room only” crowd greeted the members of Berthoud’s planning commission as the commissioners seated themselves at a special meeting Monday evening. Approximately 75 people, most of them county residents from west of town, filled the town council chambers to overflowing to the point that a reported group of 30 to 35 citizens was forced to witness the proceedings from outside the front doors of town hall. The item on the commission agenda which generated so much interest was the petition for annexation of the Haworth property by Karen Sorenson who is representing her family and the estate of Maurice E. “Red” Haworth in the matter. Before the festivities got underway Chairman Chris Thorne welcomed two new members to the commission. Christine Celentano and William Gilmore were appointed by the town board to serve on the planning commission in September, and both were present for the meeting. The Haworth property consists of approximately 83.65 acres (approximately 89.20 acres with rights-of-way included) situated at the northwest corner of the intersection of Larimer County Road (LCR) 19 and LCR 8 (Mountain Avenue extended). During a lengthy staff report Town Planner Tim Katers outlined the specifics of the requests by the applicant(s), which included a comprehensive plan amendment to designate a preferred land use for the tract, annexation of the property, zoning and a request for a minor subdivision into three lots. A comprehensive plan amendment is required because the property was outside both the town limits and the town’s Growth Management Area (GMA) and, as a result, no preferred land use was designated for the property in the 2007 comprehensive plan. However, the planning commission took action on May 30 and the town board concurred on June 11 of this year to include the Haworth property in the GMA. Inclusion in the town’s GMA must

precede annexation, and a preferred land use designation may also then be made. Katers stated the applicants were requesting AG: Agriculture zoning on the entire parcel. The AG zoning would allow one residential unit per acre provided municipal water and sewer services were used, and one unit per 2.29 acres where municipal services are not used. He pointed out both water and sewer services were readily available to the property. In his staff report Katers states “While property in Larimer County immediately adjacent to the Haworth property remains in larger lot and agricultural uses, a designation matching those county levels of approval (for example 1 unit per 5, 10, or 35 acres) is generally inappropriate for lands within a municipality. Much of the land in Larimer County west of this application has already been subdivided into smaller acreage parcels and if the proposed Low Density Residential designation is not consistent with immediately adjacent property, it is generally consistent with other large lot properties in Larimer County to the west of Berthoud.” He further states: “The proposed zoning of the property strikes a balance between the larger acreages that remain in agriculture west of U.S. 287 and the needs of the Berthoud community to develop in a manner that supports community facilities, commercial growth, and a ﬁscally-balanced community.” Katers explained the minor subdivision would allow three lots, one of 5.02 acres, one of 10.01 acres and one of 66.65 acres to be carved out. These lots are intended to be divided between members of the family. (The totals given anticipate additional property given up for additional width of rights-of-way.) Following the report by Katers a representative for the applicants was asked to speak. Sorenson took the podium in order to state the position of the family and correct some of the false information disseminated regarding their attempt to annex to the town. “All we are asking for is annexation. We are not proposing a subdivision,” said Sorenson, “The mailings sent out contained erroneous information. Our property does not already qualify for a subdivision and is not currently zoned for up to 37 homes through the county … When a mailing goes out to 4,800 people (addresses), two times, it is like a political advertisement – the written word can be a powerful tool and, when presented

Look who’s in the news! Kurt Hucal Kiah Leonard Nate Ryken

Cody Braesch Sharon Gingrich

Classiﬁed ................................... 9 Crossword .................................. 7 Health & Fitness ........................ 6 Legal notices .............................. 9 Opinion ...................................... 4 Sports ........................................ 8 Then & Now ............................... 5 Weather ..................................... 2

as a scare tactic, wrongful information can override fact … Annexation is what our family has wanted since 2004. When town staff indicated that as an option we decided to pursue it.” Approximately 20 people took the podium during the public comment portion of the meeting to speak against the annexation proposal. The concerns voiced by the speakers covered the full spectrum from density issues and smart growth, the town’s ability to provide basic services, road congestion, the comprehensive plan itself, overcrowding of schools and nesting eagles. No one spoke for the annexation. Following public comment the commissioners discussed the issues. Commissioner Brewer challenged Katers’ assessments that 60 to 70 homes constructed on the tract would not cause a significant impact on town services, facilities and road congestion. She was somewhat surprised when informed by him that an impact study regarding a subdivision on the property had not been completed. Brewer continued her tack with questions for Katers regarding zoning in town versus zoning in the county and the report by him there was no additional cost to the town for policing in the area. “I can’t wrap my brain around the notion that there is absolutely no economic impact of this annexation,” said Brewer. Following discussion by the commissioners four motions were made in turn. The first was a recommendation that the town board approve an amendment to the comprehensive plan to designate a preferred land use of low density residential along with the findings of fact in support of the motion. The motion was seconded and passed on a 4 – 2 vote with Thorne and Brewer casting the no votes and Celentano abstaining. Another motion followed recommending the town board approve the annexation of the Haworth property. The motion was seconded and passed on a 4 – 3 vote with Thorne, Brewer and Celentano casting the no votes. A third motion was made recommending the town board approve the zoning of the Haworth property as AG: Agriculture. The motion was seconded and passed on a 4 – 3 vote with Thorne, Brewer and Celentano casting the no votes. The fourth motion approved Resolution 2 – 13 which allows the minor subdivision. The motion was seconded and passed on a 4 – 3 vote with Thorne, Brewer and Celentano casting the no votes. The commissioners next considered the annexation and zoning of a 9.32 acre property located at the southwest corner of First Street and Highway 287. The owner/applicant, Steve Hazlett, is requesting the property be annexed and zoned to C2: General Commercial for his business venture, ProSwing Park During public comment a neighbor immediately to the east of the property complained of the dust that will be stirred up due to a gravel driveway, noise and light pollution, the parking layout and the hours of operation during the summer. A representative of the applicant stated they wished to be good neighbors and were willing to work to mitigate negative impacts to the neighboring property. There was little discussion by the P&Z cont. on page 2

Loveland police investigating Berthoud police chief By John Gardner The Surveyor Investigators with the Loveland Police Department executed a search warrant for Berthoud Police Chief Glenn Johnson’s office on Thursday, Oct. 3. Loveland Police Department Public Information Officer Sgt. Justin Chase confirmed the execution of the search warrant but couldn’t comment further on the investigation saying only that it is an “active investigation.” Chase wouldn’t comment on the scope of the investigation or why investiga-

tors searched Johnson’s office. The search warrant has been sealed by a district court judge, according to the Larimer County Court Clerk’s office. Chief Johnson gave no comment and wouldn’t discuss the search warrant when contacted by the Surveyor. As well, Berthoud Town administrator Mike Hart and Berthoud Mayor David Gregg had no comment. The 8th Judicial District Attorney’s office also wouldn’t comment on inquiries regarding the investigation as of Wednesday.

Firefighters mourn one of their own By John Gardner The Surveyor American author G.K. Chesterton once said, “The real great man is the man that makes every man feel great.” Ron Bateman spoke clearly and concisely as he gave the eulogy at the funeral of fellow firefighter — and good friend — Joeseph Belanger. Joseph Belanger Bateman, Milliken Fire Protection District fire chief, spoke of a time when Belanger and his family were dealing with the death of

Belanger’s mother, Jaquline, in April 2012. Bateman went to Belanger’s parent’s house in Fort Collins to deliver lasagna. Joe greeted him at the door with a hug. “He hugged me like it was his job,” Bateman told the congregation of family, friends and a great number of ﬁreﬁghters from Loveland, Milliken, Evans, Johnstown, Platteville, and Berthoud where Belanger

BELANGER cont. on page 3

Flood damages near $900,000

By Rudy Hemmann The Surveyor

The Berthoud Board of Trustees held a regular business meeting Tuesday evening during which they heard a report of the outcome of the 2012 audit. According to an information sheet provided, town staff solicited proposals for a new auditing firm and, after interviewing several audit firms, chose Swanhorst & Company LLC to carry out town audits going forward. The 2012 audit was begun in late spring. In doing their initial review they uncovered several problems with the 2011 audit which needed to be cleaned up. The extra work associated with reviewing the 2011 audit, together with the 2012 audit, created a much longer, more labor-intensive auditing process. Again, according to the information sheet, it became apparent the auditors would not be able to finish their work before the statutory deadline of July 31, 2013. On July 23 the town board approved a 60-day extension for completion of the audit. Wendy Swanhorst of Swanhorst & Company presented the trustees with a draft copy of the 2013 audit. She and Town Administrator Mike Hart were both pleased with the audit results. No major deficiencies were found in the town’s financial methods or record keeping. The trustees also heard another 2014 budget presentation by town accountant Faith Smith. The sections of the proposed

budget scrutinized this week were streets, the drainage fund, parks, the park development fee fund, the park dedication fee fund, the conservation trust fund, the Larimer County Open Space, fund and the road impact fee fund. Larimer County Commissioner Tom Donnelly requested the trustees approve a resolution in support of a ballot issue which would allow the county commissioners to use their discretion in spending approximately $8 million that currently remains in a fund used to construct a new courthouse and justice center. The commissioners are seeking voter approval to use those funds to build a new facility in Loveland which would house the county offices now housed in an office building located at Sixth Street and Cleveland Avenue. It has been determined that this office building is inadequate, and Donnelly estimated the $8 million would fund up to 80 percent of a new building. Donnelly also updated the town board on flood cleanup and road repair efforts being undertaken by the county. Berthoud Town Engineer Stephanie Brothers stated the flood repairs at the wastewater treatment facility, which were assumed to be relatively light, are approaching $300,000 due to damage to a large electrical panel. She also reported that repairs to the bridge on Weld County Road (WCR) 44 are estimated at $72,000, while the repairs to WCR 1 are estimated to be $400,000 to $500,000. There is no town board meeting scheduled for next week.

Call for artists In the Surveyor’s Oct. 31 issue we will be featuring our readers favorite pets on our Berthoud Tails page and cars (new & old) on our Wheels page. Please send your photographs along with who the owner or owners are to editor@berthoudsurveyor.com.

Read aloud to children

Area artists may submit entries to the library that can be wall-mountedandmustcorrespondwiththetheme:thepower of stories. A contest will be held on the evening of Nov. 8 to coincide with the library’s event: Histor[y]ie Manifesti, which begins at 6:30 p.m. The evening celebrates the library’s newly remodeled spacewithentertainment,demonstrations,refreshmentsandstory-telling. Wall size: 2.5’ by 6’; the library is accepting either single or multiple entries to fit the space. Entries must be to the library by Nov. 2, 2013.

“In towns where there is a strong sense of community, there is no more important institution than the local paper.” ... Warren Buffett

Berthoud Weekly Surveyor is on Facebook

Thursday, October 17, 2013 © Berthoud, Colorado

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Volume 10, Number 42

Berthoud police investigation continues By John Gardner The Surveyor

Two separate investigations into the Berthoud Police Department have resulted in the suspensions of the police chief and another officer. At a meeting Tuesday at Town Hall, town attorney Greg Bell said that a Berthoud police officer was suspended by Chief Glenn Johnson after town administrators received an e-mail alleging the officer’s involvement in a domestic abuse incident. Johnson himself was put on administrative leave on Oct. 8 at the advisement of the Sheriff’s Office after the town requested an internal investigation of the matter involving the officer. According to a statement from town administrators, the town received numerous inquiries regarding allegations made against “several Berthoud police officers,” over the past several days. “The town has not substantiated any of the allegations, and the police officers of the town, like other citizens, are presumed innocent until proven otherwise,” read the statement. When questioned about the statementlast week, town administrator Mike Hart said that he couldn’t comment on the situation. “We don’t know very much about the investigation at this point,” Hart told a crowded room Tuesday. The Surveyor has confirmed that along with Chief Johnson, Officer Jeremy Yachik is the second officer on administrative leave. The Larimer County Sheriff’s Office is conducting the internal affairs investigation of the Berthoud Police Department, according to Larimer County Sheriff Justin Smith, at the Town of Berthoud’s request. Smith clarified at the Tuesday meeting that the Sheriff’s Office is investigating if any police policies were violated after the allegations came to light, and that the investigation isn’t a criminal investigation. While the Sheriff’s Office isn’t investigating criminal allegations, the Loveland Police Department is. Loveland investigators executed a search warrant on Johnson’s office on Oct. 3, confiscating three computers, while he was on vacation, Loveland Police spokesman Sgt. Justin Chase confirmed on Oct. 8. The search warrant remains sealed under order of a district court judge and no charges have been filed in this case as of Wednesday. The Surveyor obtained an e-mail from Hart, which was sent on Sept. 25 to each member of the town board, various news outlets and various law enforcement agencies including Loveland and the Sheriff’s Office. The e-mail included information on Yachik’s professional background and criminal history. Calls from the Surveyor to the person who sent

In the open By Rudy Hemmann The Surveyor

Photo by John Gardner

Berthoud town administrator Mike Hart speaks with several television news reporters about the internal affairs and criminal investigations currently ongoing regarding Berthoud Police Chief Glenn Johnson and officer Jeremy Yachik. the e-mail were not returned. According to documents within the message, Yachik was an officer with the Trinidad Police Department from June 2005 to Jan. 2006, which has been confirmed. According to a memo by Trinidad Police Chief Charles J. Glorioso, Yachik resigned his position with Trinidad PD on Jan. 3, 2006 in the midst of an internal investigation regarding an alleged domestic violence matter. The memo also indicated that Yachik was suspended for five days due to unbecoming and immoral conduct. That suspension stemmed from an incident where Yachik apparently lied to commanding officers about breaking his vehicle’s speedometer casing. Yachik later admitted to lying about the incident. Documents included in the e-mail also indicate that Yachik was determined to be “unsuitable for employment” by the Trinidad police, prior to being hired. A memo from Detective Sgt. Phil Martin to Chief Glorioso indicated that Yachik had a criminal history including being arrested for falsely obtaining services, a fourth-degree felony, where he received a conditional discharge of 18 months unsupervised probation and $1,828 in restitution costs. It’s important to note that no criminal charges against Yachik have been entered in this current case as it’s an active investigation.

Interim Police Chief: Business as usual That leaves the department with five officers not including Feyen, according to town administrator Mike Hart. Despite the absence of a chief Feyen has been with the Larimer and another officer, the day to day County Sheriff’s Office for 13 years, operations at the Berthoud Police 10 of which he spent in the invesDepartment is operating as usual. tigations unit and the last five as “It’s business as normal,” said a Sergeant. Feyen also holds a Interim Police Chief and Sergeant degree in organizational developwith the Larimer County Sheriff’s ment and has supervisory experiOffice investigations unit, John ence. He said that he isn’t involved Feyen. “If people have an emerin the internal investigation gency, questions or concerns, and is only here to maintain we’re here.” Feyen took over the week of Interim Police Chief the daily operations for the security of the citizens. Oct. 7 for suspended Berthoud John Feyen “I think it’s important for Police Chief Glenn Johnson the community to understand after allegations, regarding ofthat law enforcement is still functioning ficer Jeremy Yachik, caused town officials in Berthoud,” Feyen said. “Officers are to request an internal investigation of the office. Officer Yachik remains on adminis- here and still very dedicated to the community here.” trative leave pending the investigation. By John Gardner The Surveyor

Look who’s in the news! George Gonzalez Kierra Schuster

Chad Ellis Matt Bonds Bryan Krouse Madi White

Business ..................................... 6 Classiﬁed ................................... 9 Crossword .................................. 7 Legal notices .............................. 9 Opinion ...................................... 4 Sports ........................................ 6 Then & Now ............................... 5 Weather ..................................... 2

The Berthoud Board of Trustees held a special meeting Tuesday evening to discuss and take action on a resolution which would establish a Memorandum of Understanding (MOU) between the Town of Berthoud and the Larimer County Sheriff’s Ofﬁce (LCSO). The resolution ratiﬁed the actions taken by town administrator Mike Hart, which ultimately led to the appointment of Sergeant John Feyen of the LCSO as interim police chief. At the opening of the meeting Mayor David Gregg announced the trustees would not be convening an executive session as stated in the evening’s agenda, but the discussion concerning the MOU would be held in public. Gregg thanked town staff and fellow board members for responding with “no comment” to questions asking for “speculation and hyperbole.” Gregg then read the text of the MOU and the resolution into the record. Town Attorney Greg Bell briefed the trustees and the public regarding the facts as known by town staff at that

TOWN cont. on page 2

How sweep it is By Dan Karpiel The Surveyor

The shortest route between two points is a straight line. For the Berthoud High softball team, the shortest route to state was to win the first two games of the regional tournament they hosted Oct. 12. That is exactly what the Lady Spartans did; blanking Pueblo South 7-0 and then winning in thrilling walk-off fashion against Valor Christian 7-6. Come-from-behind wins are nothing new for Berthoud. Saturday’s win over Valor was the fourth time this season that the Lady Spartans have rallied from a deficit in the final two innings to snatch victory from the jaws of defeat. Those kinds of character — and team-building wins are a critical component for any squad in search of a championship. Asked about exactly that, following the games, Berthoud Head Coach Teresa Alba said, “I think it’s huge. I can preach to them about how amazing they are and I can tell them what an amazing team they can be, but for them to witness it and Photo by Angie Purdy do it themselves makes them say, ‘Oh we really Berthoud’s Taylor Armitage pitches against Christian Valor in the can do amazing things.’ second game of the 4A regional tournament in Berthoud on Oct. 12.

SOFTBALL cont. on page 6 Armitage also drove in the tying run against Valor.

Commissioners urge voters to approve 1A By John Gardner The Surveyor

The Larimer County ballot issue 1A aims to repurpose tax dollars collected through a 1997 sales tax approved by voters. That sales tax issue specified that the funds collected go to build the Larimer County Justice Center in Fort Collins, the Larimer County Sheriff’s Administration building in Fort Collins, and pay for the county portion of the combined courts facility in Loveland. The remaining funds are specifically to be used to remodel the existing Larimer County building in Loveland at Sixth Street and Cleveland Avenue which houses the Health and Human Services and County Clerk and Recorder offices. But according to County Commissioner Steve Johnson, remodeling that facility really isn’t a logical option now. “The building was never designed for its current use,” Johnson said in an interview with the Surveyor. The building, which was built in the late ’60s and was originally the Love-

Ballot Issue 5F By Rudy Hemmann The Surveyor Ballot issue 5 – F will create a Local Improvement District (LID) to construct improvements to the sanitary sewer systems of the rural subdivisions Berthoud Estates and Foothills Estates, according to Neil Gluckman, assistant county manager for Larimer County.

land Library, is constructed of cinderblock and very energy inefficient. It also isn’t adequate to house the current staff and there is not adequate parking, according to Johnson. A new facility would house the Clerk and Recorder and Health and Human Services offices, as well as other services, such as the Larimer County Workforce Center which is currently located at a separate facility in downtown Loveland. Since the City of Loveland gave the building to Larimer County in the ’80s, the town has doubled in size and the county services have outgrown the facility. The trouble is the language in the ’97 tax issue specifies that the money be used to remodel the current facility. “That is really just throwing money down a black hole,” Johnson said. The county currently has about $8 million in funds collected through the tax. Commissioners agree that a new facility would cost the county upwards of $12 million, with the remaining

amount to be covered by the county’s reserve funds. However, by building a new energy-efﬁcient building, the county would save money on utilities and would also gain some added revenue by renting space to the Workforce Center which is mostly federally funded, according to Johnson. The question remains, where to locate the new facility? “The board’s decision is to keep the facility in Loveland’s downtown core,” said County Commissioner Tom Donnelly. If voters don’t approve 1A this November the money would have to be used to remodel the current facility, which just isn’t an option, according to Commissioner Lew Gaiter III. “If it doesn’t pass, it would just go to remodel the current facility which is really just wasting taxpayer money,” he said. Early voting began Oct. 15, ofﬁcially. Election Day is Nov. 5.

The sewage lagoons currently in use do not meet Environmental Protection Agency (EPA) standards. According to information found in the ballot language, if the measure is approved Larimer County debt can be increased by $1.12 million to be raised through “special assessment bonds or other ﬁnancial obligations bearing interest at a net effective interest rate not to exceed 5 percent.” The “bonds or other ﬁnancial obligations” will be repaid “by imposing special assessments upon property (increase in property taxes) in the county’s LID.”

The term of the bonds is not stipulated in the measure, however Gluckman stated the payback period would be 20 years. The same issue befell the homeowners association of the River Glen subdivision when the EPA condemned their lagoon. They chose to partner with the town and connect to Berthoud’s sewer lines. According to town ofﬁcials no one from the Berthoud Estates rural subdivision or the Foothills Estates rural subdivision has contacted the town regarding the issue.

Daylights Savings Time ends at 2 a.m. on Sunday, Nov. 3, be sure to turn all of your clocks back.

Call for artists Area artists may submit entries to the library that can be wall-mountedandmustcorrespondwiththetheme:thepower of stories. A contest will be held on the evening of Nov. 8 to coincide with the library’s event: Histor[y]ie Manifesti, which begins at 6:30 p.m. The evening celebrates the library’s newly remodeled spacewithentertainment,demonstrations,refreshmentsandstory-telling. Wall size: 2.5’ by 6’; the library is accepting either single or multiple entries to fit the space. Entries must be to the library by Nov. 2, 2013.

The Berthoud Area Chamber of Commerce is seeking nominations for three annual awards to be presented at the Chamber Annual Dinner on Saturday, Jan. 11: Citizen of the Year — Doc Fickel Award — Business of the Year If you would like to nominate someone you feel is deserving, forms are available on the website, www.berthoudcolorado.com. Nomination letters can be sent via e-mail to bcc@berthoudcolorado.com by scanning your signed letter or by regular mail to: Berthoud Area Chamber of Commerce, PO Box 1709, Berthoud, CO 80513. Nominations must be received by 5 p.m. on Friday, Nov. 29, 2013

ANNUAL AWARDS

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“Covering all the angles in the Garden Spot ... where good things grow” www.berthoudsurveyor.com Thursday, October 31, 2013 © Berthoud, Colorado

Volume 10, Number 44

Bridge repairs take time and test patience By Jan Dowker The Surveyor

Even as news reports convey the opening of heavily damaged roads and bridges throughout flood-ravaged Colorado, communities all along the Front Range continue to file engineering reports and necessary paperwork to meet federal and state requirements for financial support to fix local roads and bridges. In Berthoud, Town Administrator Mike Hart has worked with engineer Stephanie Brothers and accountant Faith Smith since the disaster hit in mid-September to conduct a damage assessment of the roads and bridges. The Little Thompson River’s overflowing banks didn’t allow for an indepth assessment of bridge safety for Weld County Road 44 and County Road 1 until three weeks after the event occurred. Because the Presidential Declaration for

Emergency Relief under Categories A & B was made in Larimer County, representatives from the Federal Emergency Management Agency (FEMA) and the Federal Highway Administration (FHWA) met with town staff to identify what was eligible for reimbursement regarding debris removal and bridge and road repairs, along with which agency to work with for the various reimbursements. If it sounds complicated, that’s because it is. There are different sources of funding depending on the type of road or bridge. For Weld County Road 44 (WCR) and County Road 1 (CR), it means that although FEMA can possibly assist with reimbursement for debris removal, all of the other necessary repairs will come from the lengthier process of the Federal Highway Administration. As noted by Brothers, “permanent repairs” are eligible for funding by FEMA and FHWA

and the town has had two teams from both entities come out and look at all of the roads that cross the Little Thompson River. One team from FEMA and another team from the FHWA concluded that most of the roads affected fall into the FHWA eligibility. “There are a lot of hoops to jump through for federal money and we have to follow the rules for bidding out projects if we want to get reimbursed,” said Brothers. “The teams have been very organized and helpful, but we still have to wait to get all of the paperwork processed before we can do the repairs.” To help get all of the needed documentation filed, the town hired the structural and civil engineering firm JVA, Inc. to assess the damage and put together projects for roads and bridges with survey crews sent out last week to finalize their information. JVA has done other projects in Berthoud and their familiarity with the town

THERE GOES THE NEIGHBORHOOD

has helped to expedite filing the assessment application paperwork. The Colorado Department of Transportation (CDOT) is currently processing the damage assessment applications, known as Damage Description Inspection Reports (DDIR), for the aide to be approved by the federal program and was scheduled to send them out earlier this week. The initial costs for CR 1 stand at around $500,000, with FHWA covering 80 percent of the cost ($400,000), the state covering 10 percent, and the town covering the rest, or about $50,000. Costs for road repair on WCR 44 are about $72,000. The FHWA will cover $57,600 of that with the state covering $7,200 and the town covering $7,200. The initial bridge work on CR 44 is estimated at $8,454.12 according to a BRIDGES cont. on page 3

Officer Yachik awaits court date, Chief Johnson remains on paid leave By John Gardner The Surveyor

Berthoud police officer Jeremy Yachik was arrested on four charges of misdemeanor child abuse and one count of false imprisonment by the Loveland Police Department on Oct. 23. He posted a $1,500 bond and was released the same day. According to Berthoud Town Administrator Mike Hart, Yachik was placed on leave without pay the day he was arrested. He’s been on leave with pay since late September. As of Wednesday morning, the internal investigation of Chief Glenn Johnson and the police department continued, according to Hart.

“We are just kind of sitting in limbo.” Town Administrator Mike Hart

Photo by John Gardner

A zombie crawls from its grave in the front yard of a house located at 500 First Street in Berthoud. The decoration was part of a Halloween display that is chock-full of Halloween spirit. Be sure to read about some Halloween traditions on pages 2 and 10.

Look who’s in the news! Lynda Hutchins George Gonzalez

Ryan DeMoudt Kiah Leonard

Classified.................................... 9 Crossword................................... 7 Legal notices............................... 9 Opinion....................................... 4 Pet page ..................................... 8 Sports......................................... 6 Then & Now................................ 5 Weather...................................... 2

“There is no change,” Hart said. “We are just kind of sitting in limbo.” Larimer County Sheriff’s Office spokesman John Shulz said that when the investigation concludes town administration would receive a report. But, that hasn’t occurred yet. In the meantime, Johnson remains on paid leave. According to an arrest warrant affidavit released on Oct. 16, the Loveland Police Department was notified of allegations of child abuse occurring over a year ago, between July 1 and Oct. 2, 2012, at Yachik’s residence in Loveland. Yachik’s ex-fiance, Ashley Saint-Roberts, sent an e-mail to Loveland Police, the Larimer County Sheriff’s Office, several news organizations and each of Berthoud’s trustees on Sept. 25, 2013 alleging that Yachik had abused his then 15-yearold daughter. The e-mail included a cell phone video showing the alleged abuse. In an interview with investigators, Saint-Roberts described years of abuse of both herself and Yachik’s daughter. She also told investigators that she first sent the message to Berthoud Police Chief Glenn John-

son, and received no response. “After not receiving any direct response from Chief Johnson concerning this video recorded child abuse, Ashley told (investigators) that Jeremy called her and he told her ‘nice try ... trying to get me fired ... it’s not going to work,’” the affidavit stated. The report stated that Ashley also reported this incident to Larimer County Child Protection who passed the case on to Weld County Child Protection because of a conflict of interest. Weld County closed the case without any action, the affidavit states. In an interview with Child Advocacy Center in Fort Collins, Yachik’s daughter said that on multiple occasions she was choked, force fed hot sauce, had her hands bound with plastic zip ties, was locked in rooms, punched, kicked, beaten with ropes, handcuffed and had her eating restricted as punishment. One of the incidents in question alleged that Yachik choked, punched and kicked his daughter for eating carrots. The daughter told investigators that she suffered pain and almost passed out from being choked in this incident. The girl told investigators that abuse “occurred almost daily between July 1, 2012 and Oct. 2, 2012. Police say that Yachik agreed to speak with police during the investigation and admitted to being the person in the video and also admitted to abusing his daughter because she wouldn’t communicate with him. The false imprisonment count stems from an incident where the girl told investigators that she was confined to a laundry room. Yachik is due in court for an advisement hearing in November. In Colorado, each of the child abuse counts is a class 1 misdemeanor with a possible two year jail sentence. The sentence depends on a host of related issues and information including but not limited to whether it is a first offense and severity of the act.

Lucky 13 for Leonard at state cross country meet By Kristi Leonard The Surveyor

Last year, Aiden Colton was the lone Berthoud boy to qualify for the state cross country meet. Colton proclaimed he was going to come back with the rest of the team this year. Colton ran at state but had suffered an injury that would later require surgery. He ran his first race in nearly a year later, at the Tri-Valley Conference meet on Oct. 8, finishing several minutes behind his best time but realizing he might have an opportunity to return to Colorado Springs for state if he could depend upon his teammates to get him there. With

Colton as the final scorer behind Luke Spitz, Daniel Raak, Kyle Cavey and Elijah Grewal, who each ran personal records in the regional meet, the first Spartan boys’ team since 2001 qualified for the state meet. The state meet is intimidating if you have never been there. Nearly 200 of the best runners in the state line up on the 50-yard-long starting line and then the course narrows to 10 feet wide after the first quarter mile, so getting in good position at the start is crucial. Berthoud was lined up in the center of the starting line. The disadvantage of lining up in the center is that if you don’t get out

really fast, the runners on the sides come in and slow you down. That is precisely what happened to the Berthoud team who got pushed way back in the pack at the narrows. Still fighting the tightly-crowded pack through the first mile, none of Berthoud’s team was in the top 100 runners. The Spartans began to move up in the second mile but it was difficult. Spitz finished in 75th place, Raak finished in 94th, Cavey was 123rd, Grewal was 130th, Gabe Conde was 174th, Colton was 176th, and Zac Marquardt was 186th. The team placed 22nd. Berthoud loses three RUNNERS cont. on page 6

The Christmas in Berthoud Parade of Lights will be held on Saturday, Dec. 7. Parade entry forms can be found on the Berthoud Area Chamber of Commerce website, www.berthoudcolorado.com on the Events tab. Drop sites for food and clothing for the selected Christmas in Berthoud families will be at Main Street Car Care and the Berthoud Weekly Surveyor.

Michael Griffin Family Fundraiser Silent Auction, $5 Chili dinner Live Music & Beer Saturday, Nov. 16 from 4 – 8 p.m. City Star Brewery 321 Mountain Ave., Berthoud Michael underwent emergency brain surgery and he and his family could use some help. If you are unable to attend the fundraiser but would like to help Michael and his family call 970-481-9597 for more information.

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Berthoud students say thank you to honor veterans

By John Gardner The Surveyor

Korean War veteran Jerry Morlan will tell you how much it means to be recognized for his military service 60 years ago. “It really means a lot,” said Morlan. “(Korean War veterans) have never really been recognized. We were The Forgotten War.” The Korean War is referred to as The Forgotten War because of its lack of attention during and after the war, which occurred from 1950 to 1953. Monday morning at Berthoud High School, Morlan was not forgotten. That day, Morlan, along with 90 other veterans and active duty members from Berthoud, was recognized by the community. That special recognition was a ﬁrst for the high school. According to Principal Chris Garcia, he and American Legion Auxiliary Justin Bauer Memorial Unit 67 President Laurel Downer collaborated on the idea to honor local veterans at the high school because it hadn’t been done in years. Students from Ivy Stockwell, Berthoud Elementary and Turner Middle School made posters that read “Thank You” and others that looked like an American Flag, which adorned the hallways at Berthoud High. “It was a great thing to recognize veterans,” Garcia said. “And it will be something we can do every year.” Garcia said that his father, who’s

What is a comprehensive plan? By Rudy Hemmann The Surveyor Comprehensive planning is a term used by land use planners to describe a process that determines community goals and aspirations in terms of community development, according to the on-line encyclopedia, Wikipedia. The outcome of comprehensive planning is the comprehensive plan which dictates public policy in terms of transportation, utilities, land use, recreation, and population density. Comprehensive plans typically encompass large geographical areas, a broad range of topics, and cover a long-term time horizon.

Ex-cop Yachik appears in court By John Gardner The Surveyor Former Berthoud Police Ofﬁcer Jeremy Yachik appeared for a advisement hearing in a Fort Collins courtroom on Nov. 12. Yachik faces four misdemeanor counts of child abuse and one count of false imprisonment for allegedly abusing his then 15-year-old daughter during a period in 2012. Yachik was placed on leave in September and ﬁred on Oct. 25 after his arrest in the case on Oct. 23. Yachik remains on bond and is due back in court for arraignment on Dec. 2. According to Berthoud Town Adminis-

also a veteran, instilled in him at a young age appreciation for veterans and their service. “If you see a veteran, stop and recognize them. It’s the least you can do,” Garcia said. “To me, it’s thanking them to give me the freedom to be a high school principal and to raise my kids in America.” For Vietnam veteran Lorenn Hein, Monday’s ceremony was more than just recognition of his service — it’s letting the community say “thanks” that is also important. “It is an opportunity for the audience to thank a representative of something that they hold dear,” Hein said. Hein grew up in Loveland and remembers hearing the bell’s piercing peal on Veterans Day. “That is part of my childhood,” he said. “I’ve heard that bell for 60 years now.” Hearing those bells now holds a different meaning. The recognition at Berthoud High began with a flag retirement ceremony in the school’s north courtyard, performed by Boy Scout Troop 6. That ceremony was followed by a performance of the school’s Bridge Between Show Choir. Thompson School District Superintendent Stan Scheer, who’s also a veteran, was in attendance and became emotional as he addressed VETERANS cont. on page 3 Stated another way; “A comprehensive plan is a local government’s guide to community physical, social and economic development. Comprehensive plans are not meant to serve as land use regulations in themselves; instead, they provide a rational basis for local land use decisions with a twentyyear vision for future planning and community decisions.” (This last excerpt is from the State of Wisconsin Department of Administration.) These definitions mesh fairly well with the initial paragraph of the preface to the current comprehensive plan, which states, “The 2007 Town of Berthoud comprehensive plan (comp. plan) is a long-range plan intended to provide a vision for, and to guide and manage, growth and development in the Berthoud community. The comp. plan covers a broad geographic planning area, and establishes goals and specific objectives to be pursued in an effort COMP. PLAN cont. on page 2 trator Mike Hart, the town hasn’t discussed filling Yachik’s position at the Berthoud Police Department until the sheriff’s office completes its internal investigation. “There will be no replacement decisions until the sheriff’s office is finished with the review of the police department,” Hart said. The internal investigation, which is being done at the town’s request, is now in its sixth week. Chief Glenn Johnson was placed on leave on Oct. 8 at the advisement of the sheriff’s office when the internal investigation began. That investigation is separate from the criminal case involving Yachik, and no charges have been filed regarding Johnson, and there may never be. As of Nov. 12, Hart said that the sheriff’s office has remained mum regarding the internal investigation and the town hasn’t heard anything at all.

Look who’s in the news! Lucia Archuleta Kolten Strait Madilynn Justice

Brent Hoogland Hunter Hawkins Shawn Fitzgerald

Classiﬁed ................................... 9 Crossword .................................. 7 Legal notices .............................. 9 Opinion ...................................... 4 Pet page .................................... 8 Sports ........................................ 6 Then & Now ............................... 5 Weather ..................................... 2

Photo by John Gardner

From left to right: Jack Miera, Xander Picard, Zach Vittetoe and Carson Dziuk with Boy Scout Troop 6 retire Old Glory to begin the Veterans Day recognition ceremony at Berthoud High School on Nov. 11. As part of the flag retirement ceremony, Miera and Dziuk lowered the worn American flag into a fire for a proper retirement as veterans and community members watched.

Berthoud’s library showcases the power of story By Jan Dowker The Surveyor Words are a powerful communication tool, and with the grand re-opening of the Berthoud Community Library District (BCLD) last Friday, it wasn’t only books that came to life, but the power of story that propelled many to enjoy an evening of “Histor[y]ia Manifesti.” Latin for “harness the power of story,” the festivities held true as guests experienced the expansive changes that have been added throughout Berthoud’s library. As noted on the invitation, guests were invited to experience an evening of entertainment, demonstrations, refreshments and story-telling. The $160,000 facelift that the Berthoud Community Library District received included expanded access to DVDs, expanded ﬂoor space, comfortable seating in a quiet zone with swing-up work surfaces for laptop use, and seating and table replacement with ﬁxtures and furniture that convey Berthoud’s agricultural heritage. “When we started this project, we wanted to provide updates and bring new technology to people in the community,” said Sara Wright, Berthoud’s library director. “Having enough tools to explore creative approaches but also honoring the past of the library. More people are using the library who haven’t been before. They come back to check us out and they see how up-to-date we are. With the new technology, people can explore the arts, sciences and engineering, and really explore their interests.” “There will be a storyteller tonight to illustrate the power of story,” Wright continued. “Our brand isn’t books, it’s the content … it’s stories and information gained through a lot of different technologies and techniques.” Artwork that hung on a wall caught many looks and was a reminder that the theme of the evening was to use different mediums in conveying the power of story, as voters cast their ballots for their favorite art piece which accomplished just that. One gentleman scanning through the DVD movies, Jan Murphy, said, “I think it’s really well planned and ex-

Photo by Jan Dowker

Constance of Spellbinders in Longmont shares a story with a captivated audience.

ecuted very well.” Murphy’s lived in Berthoud only a few months but noted, “Staff’s great, really accommodating. The ordering system is really easy to use. If you want to order something that’s not here, they make it very easy.” John Bauer, a Berthoud town trustee and longtime library patron noted of the renovation, “It looks beautiful and it’s nicely arranged to really promote the books.” Another guest, Herb Meeker said, “I never heard of anyone slanting books before. It’s a complete change and it’s inviting and very easy to ﬁnd titles.” LIBRARY cont. on page 3

Haworth annexation repeal petitions approved By John Gardner The Surveyor Two petitions seeking to repeal the Haworth annexation and to require a vote for future annexations outside of Berthoud’s Growth Management Area have been approved. The referendum petition seeks to repeal the Haworth Estates First and Second Annexation approved by the Town Board on Oct. 22, in a 5-2 vote. The petition seeks to have the annexation put to a public vote of Berthoud residents. A second petition seeks an Initiative Ordinance requiring a proper town vote to approve any future annexations outside of Berthoud’s Growth Management Area as it existed on Dec. 31, 2012. The petitions are a movement by a group calling themselves the Citizens for a Better Berthoud. A website for the group states that they want to “stop Berthoud sprawl” and “support smart growth.” Designated representatives of proponents for the matter were listed as Berthoud residents Stephen Byers and Craig Wilks, according to the petition. “We’ll be getting to work on (collecting signatures) right away,” Byers said Tuesday after the petitions were

approved by Town Clerk Mary Cowdin. Byers said, that from his perspective, acquiring the 190 signatures needed to qualify the referendum for a ballot would not be an issue. “No, I think the consensus among everyone that are either with us, or not, is that that is not going to be a challenge,” Byers said. The Haworth property is located northwest of the Larimer County Road 19 and Highway 56 intersection, to the west of Berthoud. The group opposes a density higher than a Larimer County annexation plan that called for 35 lots on a section of property. The town could allow up to 55 lots on the approximately 80-acre parcel to be developed. The group now has until Dec. 2 to get the 190 signatures required and submit the signed petition for approval to the town in order to get the referendum on a ballot. For the second petition, the group has 180 days to submit the initiative ordinance with signatures in order to get it on a ballot. Once the signatures are approved for the ﬁrst petition, the trustees can decide to either accept the petition and reverse the annexation, or they will have between 60 and 150 days to hold an election, according to Cowdin.

FOOD DRIVE

Christmas in Berthoud For a list of all the events and how you can help Berthoud families in need this Christmas please go to the website, www.ChristmasinBerthoud.org

“In towns where there is a strong sense of community, there is no more important institution than the local paper.” ... Warren Buffett

Drop sites for non-perishable food are the Berthoud Community LIbrary, Berthoud Living Center, Berthoud Weekly Surveyor, Hays Market, L&M Garden Center and Main Street Car Care. Clothing drop sites for the selected Christmas in Berthoud families will be at Main Street Car Care and the Berthoud Weekly Surveyor.

Change to Christmas in Berthoud schedule on Saturday, Dec. 7 4:45 p.m. Caroling and Christmas Tree Lighting will happen before the parade. 5 p.m. The parade will begin at Seventh Street and Massachusetts Avenue and proceed east on Mountain Avenue. 5:30 p.m. BUMs of Berthoud Lasagna Dinner and Latter Day Saints Bake Sale at the Community Center Please see the ChristmasinBerthoud.org website for the calendar of all the other events.

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Thursday, December 5, 2013 © Berthoud, Colorado

Volume 10, Number 49

Milking cuteness for all it’s worth By Heidi Kerr-Schlaefer The Surveyor

A framed black-and-white photograph of a little boy in a straw hat and overalls hangs in the Jessen’s kitchen. While some boys want to be firemen or astronauts when they grow up, Chris Jessen always wanted to be farmer. Today Jessen and his wife, Pam, live on a small farm just north of Berthoud. They’ve got chickens, peacocks, three donkeys, a wallaby and a kangaroo, but the primary focus on this farm is the miniature and micro-miniature cows. These small cows aren’t for eating, but rather for petting and loving. That’s right, while still considered livestock, these cows are bred to be pets. The Jessens live on five acres, and Chris wanted a way to maximize his small amount of acreage when a friend recommended lowline Angus cows. However, eight years ago, Jessen bought two miniature panda cows instead, and is glad he went this route. “Over the years I realized miniatures are still pretty good-sized cows. They can get over 1,200 pounds. When I finally stumbled across microminiature cows I realized that’s more what we wanted,” said Jessen. “I didn’t grow up on a farm, so this has all really been a learning lesson.” Miniature cows grow to approximately 44 inches tall, while microminiatures come in at 36” tall or under. One of the benefits of smaller cows is that they require less acreage. There are nine mini and micro-mini cows on the Jessen’s five acres, an area that would hardly be adequate for one standard-size cow. Some readers may remember the Jessens from a segment on “Good Morning America” in January 2011. They were invited to be on the show because one of their cows had birthed a perfect panda cow. These little cows, with the markings of a panda bear, are extremely rare. Ben, the Jessen’s cow, was only one of a hand-

ful in the world at the time of his birth. “Over the last eight years we’ve had two perfect pandas,” said Jessen. “We had the one that was on television and another one this year that we sold to folks in New Mexico.” The Jessens have sold miniature cows to people in California, New Mexico, Nebraska, Kansas and Tennessee. One family actually ﬂew to Colorado to handpick their calf. Once they picked their favorite, a week later the little cow was ﬂown to his new home in California where he takes daily walks with his owners to the downtown coffee shop. “I get pictures of the cows that we’ve sold all the time,” said Jessen. Cows are extremely social animals, and miniature pet cows need a lot of attention. They come when they are

called and will lick your hand like a dog. The Jessens current calf, a miniature belted bull born on Aug. 12, is a sweetheart, and he loves getting head scratches. As social animals, cows need interaction with humans or other cows, and Jessen advises his clients to spend at least two hours a day with their pet cow. If they can’t spend that time, they could consider buying another one so the cow doesn’t get lonely. Miniature cows are great for families with smaller children. The Jessen’s 1-year-old daughter is allowed in the ﬁeld with the farm’s cows and interacts with them daily. They are not good 4-H animals because there isn’t a miniature-cow category for showing, but they are great for teaching kids responsibilities without the

Chris Jessen poses with is micro-miniature cows at his acreage north of Berthoud.

worry that comes with owning a large animal. There’s also a market for folks who want to buy micro-miniature cows for children’s bull riding. “There are probably less than 100 micro-miniature cows, like the ones we have, in this country. We’re talking really short and stocky cows,” said Jessen. When the Jessen’s ﬁrst panda cow was born, news agencies began circulating a rumor that this rare cow was worth $30,000. This was far from the truth. The Jessen’s cows, including pandas, sell anywhere from $500 to $2,500. Micro and mini cows can live up to 20 years, so these pets are not a short-term commitment. The Jessen’s farm is online at LovableLittleOnes.com or can be reached directly by calling 970-566-1839.

Photo by Heidi Kerr-Schlaefer

Rocky start for new TSD Board of Education By John Gardner The Surveyor Three of the four new board members for the Thompson School District Board of Education were formally sworn in at a regularly scheduled meeting Tuesday evening. Carl Langner, Bryce Carlson and Donna Rice officially took the oath of office in front of a packed room at the school district administration building in Loveland. Lori Hvizda Ward was the only newly elected member to not take the oath Tuesday, because she took the oath of office on Nov. 26 after some confusion regarding when and where the new members would take the oath. Nevertheless, all four members are now sworn in, but that didn’t diffuse the board’s confused state. During the first part of the meeting the board elected and appointed new officers. In a 4-3 vote, Bob Kerrigan was voted in as the new board president, over Pam Howard. Carlson was elected as the vice president, again over fellow nominee Howard. Rice was

appointed as the board secretary, while Denise Montague was appointed as the board treasurer. If the appointment selection was any indication of how the board is split, it may be a precursor to how the next two years will go. In each of the three appointments for president, vice president and secretary, the vote was the same with Langner, Kerrigan, Carlson and Rice all voting for the elected nominee, while Montague, Howard and Hvizda Ward voted no. Montague, nominated by Kerrigan, was the only member unanimously elected to her position. The division between board members seemed to continue as Kerrigan announced that each of the board members would have a couple of minutes to address the crowd; again, Langner, Carlson, Rice and Kerrigan each had prepared statements while the other three seemed surprised by the announcement. “I would have appreciated

BOARD cont. on page 2

Look who’s in the news! Don Lehn Kendall Baker Zach Bracken

Christy Headrick

SECTION A: Classiﬁed .................................A9 Crossword ................................A7 Legal notices ............................A7 Opinion ....................................A4 Play .........................................A7 Sports ......................................A6 Then & Now ............................. A5 Weather ...................................A2 SECTION B: Senior Wise

Photo by John Gardner

Newly elected Thompson School District Board of Education members (from left) Carl Langner, Bryce Carlson and Donna Rice take the oath of ofﬁce Tuesday night at the District Administration Building in Loveland.

Yachik pleads ‘not guilty’ to child abuse By John Gardner The Surveyor Jeremy Yachik, the former Berthoud Police officer fired after he was charged for allegedly abusing his then 15-year-old daughter in 2012, is headed to trial in the case. Yachik appeared in Larimer County Court in Loveland on Dec. 2 and pleaded not guilty to four charges of child abuse and one count of false imprisonment. Yachik was fired on Oct. 25 after his arrest in the case on Oct. 23. Berthoud Police Chief Glenn Johnson remains on paid leave as the internal investigation regarding the offices handling procedures regarding the Yachik accusations continues. Berthoud Town Administrator Mike Hart said that he had a brief conversation with investigators last week about the status of the investigation, but he was told only that the sheriff’s office hoped to wrap up the investigation and deliver its report to town officials by the end of December. “We’ve still not heard anything about the chief,” Hart said.

Citizens group returns signed Haworth annexation petition By John Gardner The Surveyor A citizens group behind a referendum petition seeking to repeal the contentious Haworth annexation has acquired the needed signatures to move forward. The group supporting the petition, Citizens for a Better Berthoud, turned in the petition last week to Town Clerk Mary Cowdin. According to a statement released by the group late last week, the group acquired nearly 400 signatures, more than double the amount needed, to get the referendum on a future ballot where voters could decide if the Haworth annexation would remain, or be repealed. “What grand results and a huge level of support,” reads a statement from the group. Cowdin has 30 days to validate the signatures and then the Town Board will have 20 days to address the issue, Cowdin said. Trustees will have to decide to either; accept the petition and reverse the decision to annex the property, or they can choose to have an election allowing voters to decide the property’s fate. If the Town Board doesn’t repeal the annexation based on the petitions, it will need to set an election between 60-150 days of approval of the signatures. According to the group’s website, Citizens for a Better Berthoud is a pro-growth group composed of concerned residents and business owners. The Haworth annexation was approved by the Berthoud Board of Trustees at its Oct. 22 meeting by a 5-2 vote. The Haworth property is located northwest of the Larimer County Road 19 and Highway 56 intersection, to the west of Berthoud. The group opposes a density higher than a Larmier County annexation plan that called for 35 lots on a section of the property. The town’s plan could allow up to 55 lots on the approximately 80-acre parcel. The group has also collected enough signatures to support an initiative petition seeking to require future annexations outside of Berthoud’s Growth Management Area as it existed on Dec. 31, 2012, to be put to a vote of the people. The deadline for the referendum petition to be returned with signatures was Dec. 2, while the deadline for the initiative petition is not due until next May. However, CBB has decided to wait to submit the initiative petition until after the Town Board considers the referendum petition. “We have plenty of time,” Byers said regarding the initiative petition. But it may not be submitted at all depending on how the trustees decide to go regarding the repeal, according to Byers. In the statement released, Byers said, “CBB looks forward to a future of smart growth focused on Berthoud’s town center and in accordance with our comprehensive plan.”

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Incredible journey for Berthoud’s Fjords By Heidi Kerr-Schlaefer The Surveyor

Participating in the Rose Bowl Parade in Pasadena, Calif., is something very few people get to experience, but Beth Beymer and Sandy North of Starfire Farm, and Jeanne Poirier were able to be part of this prestigious and historic event this year. This New Year’s Day was the 125th Rose Bowl Parade, and as we previously published in the Surveyor, eight Fjord horses from Berthoud, along with their owners, were invited to walk in the event. The group also included five Fjords from the Pacific Northwest. Walking in the parade was the fruition of months of planning and a long-haul drive from Colorado to Pasadena with three large vehicles. After a nail-biting journey across the Rockies in snow storms, the group had smooth sailing the rest of the way to California. Their first duty in California was to participate in an equestrian event several days prior to the parade. This annual show features all the equestrian teams that participate in the parade, including the Budweiser Clydesdale team, the Los Angeles mounted police, Wells Fargo stagecoach, horses and knights from Medieval Times, the Marines color guard, and more. There were 16 equestrian teams in all. The Fjords performed a show choreographed by Beymer. The 13 horses and riders had never performed all together Photo courtesy of Starfire Farm before, but the performance went off Berthoud’s Fjord horses walked in the Rose Bowl Parade in Pasadena, Calif., on New Year’s Day in front of over 700,000 without a hitch and was well received people. From left to right: Marg Clumpner, Angela Toponga, Shari MacCallum-Clark (Berthoud), Victoria Arling (Lyons) and by the sold-out venue. Kristin Miller. “In the show we had a horse pulling Colorado Boulevard in Pasadena and seeing the grandstands full of people and a log, a single horse pulling a carriage, a dressage horse, a horse jumping, a visthe television cameras from all over the world. It was incredible,” said Beymer. à-vis with a family and the four-in-hand pulling the cart,” said Beymer. “People The horses performed well during the 6.5-mile parade route and didn’t even really appreciated that we showed the versatility of the breed in the show.” blink when the Thunderbirds flew low over the crowd. “We did our performance and then they invited the public down to visit all of One of the most unique factors of the Fjord presentation at the Rose Bowl the horses and our ally was full. I had a line of people waiting to meet my horse, Parade was that all five Fjord colors were represented. This has only happened Hanne,” said Poirier. one other time in the history of Fjord gatherings in the United States, and it Several days later the Fjords were walking in the Rose Bowl Parade, the marks a momentous occasion for the breed. The five colors are brown dun, red first time the breed has ever been in this world famous event. The weather was dun, grey dun, white dun and the very rare yellow dun. warm, 80 degrees, and the crowds were huge, with an estimated 700,000 people To learn more about Fjord horses, go to the National Fjord Horse Registry in attendance. online at NFHR.com and Starfire Farm online at StarFireFarm.com. “I don’t think anything will ever compare to coming around the corner on

The 2013 stories that recorded Berthoud’s triumphs & tribulations By Rudy Hemmann The Surveyor Before bidding 2013 a fond farewell, a quick review of the top news and sports stories that occurred during the past year is in order. As in past years, the Surveyor staff members and regular contributors weighed in on the selections of the top stories of 2013. Top news story: Floods damage roads south of Berthoud The top news story was, of course, the extensive flooding in the Berthoud area due to heavy rains which fell in the region beginning Sept. 9 and 10. Along with the articles concerning flooding were several articles which reported on damage to public infrastructure, mainly area roads and bridges, and massive clean-up efforts, as well as the ongoing repairs to infrastructure. Several residences in the Little Thompson River valley were hit hard by floodwaters. The town’s waste water treatment facility, at first thought to have sustained only minor damage, also required major repairs to sensitive electrical control equipment due to flooding. Residents and business owners in Big Thompson Canyon were hit hardest. Two people who lived in the canyon, or in tributaries to it, were killed. Some people whose properties are located close to the Big Thompson River may not be able to rebuild on those tracts due to expected changes in the floodplain and increases in the cost of flood insurance. As many residents to the southeast of Berthoud are aware, the culvert and bridge across the Little Thompson River on County Line Road 1 are still out. Road and bridge repairs in Big Thompson Canyon, and on Larimer County Road 43 from Drake through Glen Haven and on to Estes Park, will be ongoing for about the next year.

No. 2: Berthoud officer fired after being charged with child abuse An active duty officer, Jeremy Yachik, was arrested by Loveland police on Oct. 23 and charged with four counts of child abuse and one count of false imprisonment. In addition, the chief of police, Glenn Johnson, was placed on paid administrative leave pending the outcome of an investigation into his action, or lack of action, after learning of the incidents for which Yachik was subsequently arrested. Sergeant John Feyen of the Larimer County Sheriff’s Office (LCSO), was appointed to serve as interim police chief during the internal investigation of the police department. Following several weeks on paid leave, Johnson resigned from the police force. Yachik pleaded “not guilty” to the charges. An internal investigation conducted by the sheriff’s office, requested by Town Administrator Mike Hart, into goings-on within the police department is also underway. No. 3: Contention over the Haworth annexation Coming in at number three is the looming Haworth annexation battle. The town board and planning commission both approved annexation of the Haworth property located on the west edge of Berthoud. In July 2013 the planning commission also voted to expand the town’s Growth Management Area (GMA) to include the property, thus readying it to be annexed. The annexation spurred rural residents west of town to launch petition drives to place two initiatives on the town’s municipal election ballot in April. The first of these would overturn the Haworth annexation, while the second would mandate the return of the GMA to the boundary in effect on Dec. 31, 2012, and require an affirmative vote of town residents

Look who’s in the news! Brenda Fister Kristina Cavey

Dani Pickert

Classified.................................... 3 Crossword................................... 7 Health & Fitness.......................... 8 Legal notices............................... 3 Opinion....................................... 6 Play ............................................ 7 Sports......................................... 4 Then & Now................................ 5 Weather...................................... 2

before the town board could undertake further annexations. No. 4: Steven Berger The year saw another sad story involving a Berthoud-area teenager being killed in an auto accident one week before starting his senior year at Berthoud High School. Seventeen-year-old Steven Berger was killed Aug. 7, 2013, when the vehicle he was driving was broadsided as he attempted a left turn onto Highway 287 from County Road 4E. Other youths in the vehicle with Berger were also injured. Close to 150 people attended a vigil behind Brick Oven Pizza in Berthoud on Aug. 13 to remember Berger. No. 5: Berthoud’s water plant running, again Berthoud’s refurbished raw water treatment plant going back on line during November of last year comes in at number five. The Little Thompson Water District had been furnishing the town’s potable water while the plant was shut down. Major changes within the plant, as well as the installation of a raw water delivery line bypassing Berthoud Reservoir, should allow the town to realize savings in water treatment costs. No. 6: Pioneer Park completed Number six is the long-awaited completion of Pioneer Park. Residents of southeast Berthoud have anticipated the completion of this amenity for nearly

20 years. The park, which sports three large pavilions, a pond, a children’s play area, and a community garden, will be a jewel of the community for years to come. On a serious note, the park has become the target of vandalism which has cost the town hundreds of dollars to repair. Let’s take care of the town’s amenities. No. 7: Ed Borra sentenced to prison The Ed Borra trial and plea agreement come in at number seven. Borra was the owner of Ed’s Firearms in Berthoud when his business was raided by federal agents and local police in 2012. He was subsequently arrested and charged with several counts of weapons violations. He reached a plea agreement with federal prosecutors and was sentenced to 30 months in prison plus probation. No. 8: Xcel, rural residents disagree on natural gas pipeline route The route for a replacement natural gas pipeline west of town is number eight. Rural residents west of town locked horns with Xcel Energy over the proposed route and appear to have won some major concessions from the energy company regarding the route for the line. No. 9: Heron Lakes began moving dirt

Volume 11, Number 2

Dowker elected chairperson of NFRMPO By John Gardner The Surveyor Berthoud Mayor Pro-Tem Jan Dowker has been elected to represent the Northern Front Range Metropolitan Planning Organization as the group’s chairperson for 2014. Dowker’s appointment occurred at the group’s regular meeting in December, when the group also elected Weld County Commissioner Sean Conway as its vice-chair. Dowker said that she’s excited by the appointment and she’s looking forward to the issues facing the organization in 2014. Dowker has 25 years of experience in communications, politics, and government affairs for public, private and nonprofit organizations; a statement on the group’s website states. She holds degrees in political science and history and is a self-professed “policy nerd,” which makes her a perfect fit for a group who deals with a lot of transportation-related policy issues. “I love regional development and working to solve problems policy wise,” Dowker said. “It gives me an opportunity to bring a Northern Colorado view and to take my political knowledge to meetings when we have broader conversations with [other groups] that will actually benefit our northern region.” Dowker is the coordinator for the Denver Broncos Alumni Association. She’s very active in her community and is also a regular contributor to the Berthoud Weekly Surveyor. She was appointed to the Metropolitan Planning Organization in June 2012 and served as the organization’s vice-chair in 2013, as she became more familiar with the group and its mission. The organization covers 15 municipalities in Larimer and Weld Counties and administers the region’s federally-mandated transportation and airquality planning process, which it has done for nearly 20 years, according to the group’s website. According to Dowker, the organization competes for millions of federal transportation dollars for northern Colorado. “We’re basically battling to ensure we get our fair share versus other parts of the state,” Dowker said. The council is composed of one representative from each of the following member governments: Berthoud, Eaton, Evans, Fort Collins, Garden City, Greeley, Johnstown, La Salle, Loveland, Milliken, Severance, Timnath, Windsor, Weld and Larimer County. Evans Mayor Lyle Achziger was the organization’s chairperson for 2013. Along the same line, Dowker was also appointed to the Statewide Transportation Advisory Committee at the group’s November meeting, replacing Larimer County Commissioner Tom Donnelly. “From a transportation perspective, Berthoud is represented in two really big arenas that will really help us,” Dowker said.

FROZEN!

2013 cont. on page 2

Sheriff’s office concludes investigation of Berthoud PD By John Gardner The Surveyor The Larimer County Sheriff’s Office has concluded the internal affairs investigation into the Berthoud Police Department’s policies and procedures. Town administrators received a report earlier this week detailing investigators’ findings, according to Town Manager Mike Hart. The report details specific issues with all aspects of the Police Department including staffing, officer training, equipment, facilities, as well as other aspects, Hart said. The report is being reviewed by Hart, Town Attorney Greg Bell and interim Police Chief, John Feyen, and will be distributed to town trustees before the Jan. 21 meeting, Hart said. “We’ll talk about what’s broken and what we need to do to fix it,” Hart said. Part of the report, according to Hart, includes analysis of the department’s

day-to-day operations which will ultimately aid the decision to either, rehire another police chief and keep the police department under Berthoud’s supervision or to agree to terms with the Sheriff’s Office to provide law enforcement services for the town. Hart requested the investigation be done after town officials were informed of allegations of abuse by former officer Jeremy Yachick in September. Yachick has since been charged with four counts of child abuse and one count of false imprisonment, all misdemeanors, and has been released from the police department. Former Police Chief Glenn Johnson was placed on leave on Oct. 8 at the advisement of the Sheriff’s Office while the internal investigation was being done. No criminal charges have been brought against Johnson; however, he resigned in December before the internal investigation was complete.

Photo by John Gardner

Ice crystals cover pine needles on a pine tree at Pioneer Park in Berthoud, as the sun does its best to raise the temps. This week brought colder temperatures and snow to Berthoud. Monday morning temperatures were -10. Northern Colorado Water Conservancy District reports a precipitation level from Jan. 1-7, 2014 as 0.51 inches. Total precipitation for Berthoud in 2013 was 15.768 inches.

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Volume 11, Number 4

Revamping police department may be too costly for town By John Gardner The Surveyor Berthoud Town Trustee John Bauer summed up the realization that Berthoud is at a crossroads at Tuesday’s meeting, focused on the current state of the police department. “We can’t keep our police department as is,” Bauer said. “We have to make a change.” The changes would be for the town to either pony up $250,000 to $300,000 in additional funding annually to hire a new police chief, increase pay scale for officers, and revamp the department basically from the ground up. The other option would be to contract law enforcement services with the Larimer County Sheriff’s Office, which could also cost the town at minimum $767,000 to upward of $1 million annually.

“That’s going to cost us one way or another,” Bauer said. “If we decide to go outside with a contract service or go ahead and build the department the way it should be in order to support our citizens and keep the safety of our community in mind.” It is clear that the biggest challenge to fixing the hindered police department is funding, according to Berthoud Mayor David Gregg. “The town is certainly fiscally challenged,” Gregg said; more so because of the unique situation of significant leakage of sales tax revenues from town coffers to neighboring towns like Loveland and Longmont. “Our budget for basic services is significantly smaller than some of our neighbors,” Gregg said. “That being said, we can’t compromise on public safety.”

The police department was shaken by allegations of abuse by former officer Jeremy Yachik in October, which also resulted in then-Chief Glenn Johnson being put on leave for being suspected of mishandling information regarding the allegations. See related story. The Larimer County Sheriff’s Office has been operating the department since Johnson was placed on leave in October, and later resigned in December. Sheriff’s Sgt. John Feyen has been the department’s interim chief. Feyen presented four options to the town board on how to revamp the police department if the town was inclined to keep services local. Those options range in scope from a department with five officers and a chief, without 24-hour coverage, that would

have no officer on duty between the hours of 2-7 a.m., to an option with eight officers and a chief that would include 24-hour coverage. Cutting the 24-hour, seven-day-per-week coverage would reduce costs, significantly. And, with That was a point that several trustees and community members were against. “I do not want to see us go backward,” said longtime Berthoud resident and former police dispatcher Barbara Mitteis. “I would not recommend anything less than 24-hour coverage.” Sheriff’s Office Patrol Division Capt. John Manago presented to the trustees a proposal for service from the Sheriff’s Office that included several options and levels of services to be considered. “This is going to be a cooperation,”

Manago said. Currently, the Sheriff’s Office provides services to Timnath and Wellington in a similar capacity. Current Berthoud School Resource Officer Pablo Vazquez pleaded with trustees to keep the police department local. “This is where I want to work, I love being the SRO, I love protecting the community and I believe that if we get strong leadership in here, I think this department can be brought up again,” Vazquez said. Feyen said raising officer salaries was a critical aspect of rebuilding the department. Berthoud is the lowest paying department for towns in size similar to Berthoud by a significant amount. Average starting salary for a POLICE cont. on page 2

Report reveals disorganized PD

MAJESTIC BALD EAGLE

By John Gardner The Surveyor

Photo by Mark Rennert

This beautiful bald eagle was photographed near County Road 17 early on Sunday morning. According to the Colorado Parks & Wildlife Department In Colorado they are often found near reservoirs and along major rivers (South Platte, Arkansas, Rio Grande, Yampa, Colorado) during both the summer and winter. During the breeding season bald eagles defend territories and most frequently can be found nesting in large cottonwood trees. In the winter bald eagles communally roost in large trees for warmth and protection.

Comprehensive plan committee headed in the right direction By Rudy Hemmann The Surveyor The comprehensive plan review committee met for a second week in a row on Monday evening, with Chairperson Carol Brewer and Vice-chair Carol Patterson absent. The members present were Dick Shepard, Mark Chafee, Barb Mitteis, Jennifer Baker, David Lamb, Jerry Morlan and Mina Cox. Town staff members present were Town Planner Tim Katers and

Town Administrator Mike Hart. Katers began the meeting by informing the group of the method used in making edits to the document to that point. He noted he was asking for input from the members regarding those edits. He went on to explain that he was writing the revision in more of a “conversational” style than the 2007 document and he was writing it to reflect a community which would be roughly double the size of present day Berthoud, although no timeline for attaining that population figure would be given in the document. Hart asked for clarification regarding whether the committee members thought the document was headed in the correct direction. The consensus of the group was that they were happy with the direction of the revisions made. Hart took exception to the portions of the document that require a “cost

Look who’s in the news! Remington Daum Brody Hall Tyler Pechin Larry Leach

Gary Morrison Connie Murray Amber Brooks Nate Ryken

Classified.................................... 9 Crossword................................... 7 Berthoud Chamber...................... 8 Legal notices............................... 9 Opinion....................................... 4 Play ............................................ 7 Sports......................................... 6 Then & Now................................ 5 Weather...................................... 2

estimate” of any annexation by the town. He stated there was little cost to the town as long as the property remained agricultural, and it would be difficult to assess a cost until a development proposal was filed. The group discussed the issue and suggested some changes. A discussion of public trust ensued. “Is there something we can do here (in the revised document) that would restore the public’s trust,” asked Hart. He went on to add, “It is going to be a lot harder to educate a community of 5,000 people (regarding development proposals) than it would be to educate the planning commission and town board. Katers was tasked with doing research to find how other communities handle the situation. The group became bogged down in the Growth Management Area (GMA) boundary controversy with Cox and

Lamb supporting a revote on the boundary west of town. The committee had agreed to move the western GMA boundary to Larimer County Road (LCR) 21. The proposal by Cox was to leave the western boundary at LCR 19. The majority of the committee favored sticking with the boundary approved by the group last June. As a result the boundary remained at LCR 21. The group began work on land use and density issues with the revised GMA map. Hart urged the committee members to consider land uses and densities that make sense along the town’s major corridors and at major intersections. The committee is slated to meet again Monday, Jan. 27 and, depending on progress made, a meeting was scheduled for Thursday, Jan. 30.

A report regarding the internal investigation into the Berthoud Police Department, conducted by the Larimer County Sheriff’s office, details an unorganized department with low morale and lack of leadership. Despite several large redacted sections for legal reasons, the report was critical of department management and the day-to-day operations. In a letter from Larimer County Sheriff, Justin Smith, to the town administration, Smith stated that “through the investigation the [former] chief has overlooked and neglected many of the things that are absolutely necessary to leading an effective and accountable police operation.” The letter also stated, “Most shockingly, fully automatic machine guns (not appropriate for standard police operations) were acquired from the military and [were] stored in an open room with minimal security.” Smith even detailed that the evidence room lacked accountability and many items were mislabeled or completely unlabeled. Investigators also discovered that allegations of misconduct were not handled consistently, in accordance with standard police operating procedures. “It was concerning to discover our shortcomings,” Berthoud Mayor David Gregg said at Tuesday’s board meeting which focused on the report and how to improve the police department going forward. The report offered “simple recommendations for repairing department morale, procedures, processes, and areas of concern that clearly depict exposure to liability today,” the report read. According to the report, the investigation focused on policy violations and potential misconduct concerning allegations that Johnson may have mishandled information he’d received accusing former officer Jeremy Yachik of abusing his then 15-year-old daughter. Town Administrator Mike Hart requested the internal investigation by the Larimer County Sheriff’s office in October after the allegations came to his attention. Yachik was suspended with pay in September after the town and other news outlets received the allegations in an email. Johnson was also placed on leave during the inSHERIFF cont. on page 2

Spartan wrestlers win 4 of 5 in Soeby Classic By Surveyor Staff Wrestlers from 12 high schools all over Colorado descended on Berthoud High School (BHS) on Saturday for the annual Soeby Classic. The host Spartans fared relatively well, winning four of their five duals but losing the final match to Greeley Central 44-30. The Spartan grapplers topped Loveland 42-18, Longmont 42-36, La Junta 46-31 and Elizabeth 39-34. Three of the individual standouts for Berthoud on the day were senior Nate Ryken and a pair of sophomores — Jimmy Fate and Chad Ellis. All three wrestlers went undefeated in their five matches. Fate and Ellis have been consistently outstanding this season, and the addition of Ryken adds some punch

to the Spartans. Ryken, who started wrestling only a year ago and hadn’t been able to compete until only a few weeks ago due to injury, pinned all but one of his five opponents. Ryken, who earned the Berthoud Surveyor Athlete of the Week from his dominance at the Soeby Classic, is focusing on trying to place at state. This is no simple task; wrestling is as much if not more about technique and experience as it is strength and endurance. What Ryken may lack in experience he makes up for in heart and desire. “It’s great to be back and wrestling again and I’m focused, like many of my teammates, on placing at state,” said Ryken. Ellis, wrestling back at his more natural 160-pound weight class, again showed why he’s ranked number

three in the state in 4A. Ellis moved up to 170 the previous week and that unique experience should prove valuable as he settles back into his 16-lb classification. Dominating performances is nothing new for Fate, and he remains the second-ranked wrestler in the state in Class 4A at 138 pounds and recorded all five wins with a pin at the Soeby Classic. Prior the Soeby Classic, Berthoud had a scheduled home dual with the number three-ranked 4A Windsor Wizards. The Wizards prevailed with a 49 - 27 victory, but each match at this point of the season is a building block toward the state tournament. Spartans with wins versus Wizards were WRESTLERS cont. on page 2

Page 2 Berthoud Weekly Surveyor January 23, 2014

POLICE

cont. from pg. 1

Berthoud officer in 2011 was $36,600. Competing markets like Loveland start officers at $58,000. Berthoud’s current senior officer, who’s been on the force for 22 years, Feyen said, makes $53,000 per year. For the police chief position, Berthoud would have to cough up some serious dough to get the leadership the department’s lacked. Feyen said that a starting salary for a chief for a town similar to Berthoud in 2011 was $88,000, whereas Berthoud’s starting pay for a police chief was $54,400.

WRESTLING cont. from pg. 1 Fate, Preston Pickert, Ben Poirier, Sebastian Gonzalez and Jared Hennig. Wizards 49, Spartans 27 106: Sam Zdenek, Windsor, p. Dylan Calkins, Berthoud, 1:03; 113: Gage Trusty (W) p. Matthew Bailey,

Johnson’s salary was $73,500, according to Feyen. Increasing officer salary would increase the candidate pool, Feyen said. Feyen also outlined equipment upgrades, vehicle upgrades, and renovating the current facility would cost $182,000 in the first year alone. Pressing the issue even more is that fact that the department is currently down to just four officers, leaving the department at a reduced level of coverage. The sheriff’s office is providing additional officers to handle the shortfall. “The sheriff’s department has been

very, very good to us, but I know they can’t keep this up forever,” said Town Administrator Mike Hart. “We’ve got to make a decision at some point.” But that decision wasn’t made Tuesday as trustees requested additional time to review all the information provided them to make an informed decision. “It’s a huge decision for the town and whether or not if we can handle it or if we need to partner with someone is a very good question and will require a lot more thought,” Mayor Gregg said.

3:12; 120: Jonathan Lewis (W) p. Kyler Bailey, 2:31; 126: Matteo Ambriz (W) p. Mathew Bonds, 1:36; 132: Jacob Meismer (W) md. AJ Black, 20-8; 138: Fate (B) p. Scott Haltom, 1:01; 145: Micah Fralick (W) p. Devin Vise, 2:54 152: Pickert (B) p. Nick Sadek, :45; 160: Poirier (B) p. Bryce Bloom,

1:10; 170: Joseph Keller (W) d. Ellis, 10-3; 182: Brandon Brause (W) p. Clay Smith, 1:40; 195: Gonzalez (B) d. Lonnie Finney, 4-2 OT; 220: Zak Kaderka (W) p. Ryken, 4:44; 285: Hennig (B) p. Kaleo Naipo, :45.

Small business community fund Special to the Surveyor United Way of Larimer County announced last week that it has created the Small Business Recovery Fund (SBRF), a collaborative community initiative that provides urgently needed financial aid to small companies in Larimer County that were affected by the devastating floods of September 2013 (and future disasters). The initiative is being undertaken in partnership with Blue Ocean Enterprises and the Richardson Foundation, with major support provided by Bohemian Foundation. It’s estimated that at least 350 businesses in Larimer County are struggling in the aftermath of last year’s floods. Small businesses are at particular risk of failing, as they often lack the resources to withstand a catastrophic event like the recent flooding. If these small businesses are unable to recover, there are impacts and hardships throughout the community. The SBRF focuses on helping threatened small business rebuild by distributing lump-sum recoverable grants of $5,000-$50,000 each to help qualifying businesses rebuild. The SBRF addresses the fundamental need to stabilize small businesses so that the communities of Larimer County can return to normal. SBRF grants are recoverable, meaning that recipients are encouraged to repay their grants in-full or in-part within five years or when their businesses return to viability and have sufficient funds. Monies that are repaid to the SBRF are available to be redistributed to other eligible businesses impacted by the floods (or other future disasters). Questions about grant eligibility or the grant application process may be directed to the United Way of Larimer County SBRF Administrator at 970407-7014 or sbrfadmin@uwylc.org.

POLICEFILES Tuesday, Jan. 14 A caller reported a suspicious man in camouflage crossing the road at W. County Road 8 and N. Highway 287. Two loose dogs were reported at Hollyberry and Chokeberry streets. They were caught and returned to their owner. A Chihuahua/dachshund mix dog turned itself in to the police department. The owner picked up the dog. Wednesday, Jan. 15

FIREFILES Tuesday, Jan. 14 BFPD responded with TVEMS to a medical call at Ivy Stockwell for a janitor who sustained a knee injury. Wednesday, Jan. 15 BFPD responded to a single-vehicle motor-vehicle accident on Weld County Road 7. One patient was injured and transported.

Words of Wisdom

Photo by Karen Fate

BHS 2014 wrestling team.

Hall two time Air Force champion By John Hall The Surveyor In 2011, the Lady Spartans state championship track and field team’s jumpers were tagged with the nickname “Tiggers” by an opposing coach. To this day, Cheyenne Hall, Berthoud High School (BHS) class of 2011, wears her Tigger socks at every meet as a member of the Colorado State University (CSU) Rams track team. This past weekend Hall proudly wore the Rams green and gold — along with her Tigger socks — and earned the triple-jump championship title at the Air Force All Comers meet. This was the second year in a row she claimed the title. Hall jumped 40 feet, 1.25 inches to set a personal record (PR) and establish the fourth longest indoor triple jump in CSU history. Her jump is the longest in the Mountain West Conference (MWC) this season as well as the 19th longest collegiate Division I A motor-vehicle accident with no injuries was reported at Second Street and Mountain Avenue. A car hit the curb and it caused a flat tire. The man did not return home and was reported missing. His son reported possible beginning symptoms of dementia/memory loss. Berthoud police reported that the Westminster police department located the man and contacted Berthoud PD and the man was returned home. An argumentative man was asked to leave a store in the 400 block of Meadowlark Drive. The same person received Thursday, Jan. 16 BFPD assisted a citizen with faulty smoke detectors on Welch Avenue. The crew changed all batteries in the detectors and then cleared the scene. Friday, Jan. 17 BFPD responded to a motor-vehicle accident on Interstate 25 at mile marker 249. The vehicles had minor to moderate damage. One patient was transported.

Thursday, Jan. 16 Loud and speeding vehicles were reported in the 800 block of Spartan Avenue. Friday, Jan. 17 A manhole cover was reported off in the 200 block of Second Street. A caller reported that the sewer in front of the house looked like it was overflowing in the 1000 block of Seventh Street. BFPD responded to a motor-vehicle accident on Interstate 25. Two vehicles were involved with minor damage and no injuries reported. Sunday, Jan. 19 BFPD responded with TVEMS for a medical call at the Berthoud Athletic Club. The fire crew assisted TVEMS with patient care for diabetic complications.

Saturday, Jan. 18

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cont. from pg. 1

ternal investigation. Yachik has since been fired by the town and awaits trial in the case. Johnson resigned in December. “Unfortunately, the myriad examples of concerns and problems were easy to find and evidence plentiful,” the report stated. The report detailed general department deficiencies from officer training to facility safety issues all the way down to inefficient light bulbs. The report stated that there was a much disorganized filing system in place and provided examples including employee discipline records being difficult to locate, and when they were located were oftentimes incomplete. “There was no single source of an employee’s discipline record found — no record maintained but instead many scattered references located on paper records and haphazardly on multiple digital storage devices,” the report read. Employees told investigators that decisions related to scheduling, training, imposition of discipline, hiring, firing, promotion, and equipment issuance and maintenance, and the location and contents of personnel, training, and discipline files were “unknown to them,” the report read. Employees also reported a general lack of understanding and trust in relationships with each other, department management and town operations. “A common element revealed is the fact that employees generally don’t feel trusted or trust others in town government and in the police department and provided examples that support their concerns,” the report read. Many examples of failures on the part of co-workers, supervisors, managers or leaders to treat employ-

ees fairly, and with genuine care and concern were observed, investigators reported. Due to the criminal investigation of Yachik, the internal investigation, and Johnson’s resignation, the department has been left in disarray. “Fear is rampant; a lack of pride in service is clear; teamwork is almost non-existent; basic leadership skills and prowess is hard to find,” the report read. Investigators continued, saying, “Morale is low; back-stabbing is high; mutual respect rarely exists; employees are not currently free to excel or conduct department business with vigor, enthusiasm, or enjoyment because of the general malaise affecting the department members. “Applying effort to improve communication and morale will likely reap significant benefits to this organization,” the report read. Despite the investigator’s harsh criticism of the department, Student Resource Officer Pablo Vazquez, at Tuesday’s town board meeting, expressed his optimism for fixing the troubled department. “You’ve got an excellent police department,” Vazquez told the trustees. “We went through a bump, Ok? A pretty big bump, but we can overcome that.” Vazquez said that officers still have pride in working for Berthoud and that he is still dedicated to serving the community. “I will continue to be committed to this community, to protect this community and to treat this community with respect,” he said. Town trustees are deliberating to either rebuild the existing department and keep it under town control or to agree to a contract of service with the sheriff’s office that would provide law enforcement services to the town.

jump in the nation. Her performance earned her a nomination as the MWC Track and Field Athlete of the Week.“I was really excited to get 40 feet, but now I’m ready to see what’s in store for the rest of the season and how much further I can jump,” said Hall.Hall was joined by three other Spartans’ track and field grads at Air Force. Fellow CSU sprinter Troy Johnson (BHS class of 2013) raced to a third-place finish in the 60-meter dash. That Johnson clocked in at 6.89 seconds this early in the indoor season is quite an accomplishment. His time matches the fastest 60 meters run for the Rams last year. Johnson also finished 14th in the 200 meter at 22.51. Class of 2012 all-around track standout Courtney Mills competed for Hastings College and took second in the triple jump with a 38’ 9.75” distance. Hall and Mills are former teammates and leaders from the Lady Spartans 2011 state track and field championship team. Lady Spartan class of 2013 Anna Megenhardt is a member of the Hastings track team and took sixth in the pole vault and set a PR with an 11’ 5.75” height. Watching our young people who got their start in Berthoud on the track or field, the mat or the court, pursuing their sport at the next level is extraordinarily gratifying. For every young athlete in Berthoud, it’s evidence to never give up on your dreams. These four former BHS athletes are continuing to chase their dreams, even a Photo courtesy of Colorado State University Athletics Department 5 foot-1 inch former Lady Spartan who wears Tigger BHS grad Cheyenne Hall excelling for Colorado socks. State University.

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Saturday, Jan 18 A juvenile boy had his jaw broken in a fight in the 100 block of Keep Circle. A woman reported that a bag was stolen from her vehicle during the night in the 600 block of Mount Massive Street. An abandoned vehicle was tagged in the 11500 block of Fourth Street. Sunday, Jan 19 A wayward cow was reported at E. Highway 56 and Weld County Road 7. A resident reported that it looked like someone had tried to kick in their door in the 1400 block of Mount Meeker Avenue. A man reported that he was being harassed by people from where he used to live in the 200 block of Second Street. A very belligerent male called to complain about speeders up and down the street all day. The caller provided no vehicle descriptions or plate numbers and had derogatory things to say about the police department and cops in general. A group of teens running around the neighborhood ringing doorbells was reported in the 900 block of Wilshire Drive.

Berthoud PD received a call requesting a quick response from Berthoud Fire and ambulance for a patient that was being uncooperative. The call was then downgraded to a code four which meant everything was ok. Monday, Jan. 20 Berthoud police received a report of missing items from a home in the 200 block of Second Street. A man in a power wheelchair ware reportedly sitting in the middle of the road in the 600 block of Lake Avenue. A written warning was issued. A caller in the 300 block of Iowa Avenue reported a woman in a mini van parked in front of her home. The woman came to the door in a housecoat and the homeowner would not let her in because she did not recognize her and she called the police. The Larimer County dispatcher notified the Berthoud PD within 29 seconds after receiving the call and the Berthoud police officer on duty contacted the caller by phone within 20 seconds. Eleven traffic warnings and five code violations were issued.

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Voters to decide Haworth’s history and Berthoud’s future

Volume 11, Number 7

Berthoud negotiating with sheriff’s office for service By John Gardner The Surveyor

Photo by John Gardner

A sign on the Haworth property at Berthoud’s western border informs people of the consideration for annexation. The property was approved for annexation by the Berthoud Board of Trustees in October 2013, but strong opposition and a petition with nearly 400 signatures derailed the project.

Opposition group displeased with the process By John Gardner The Surveyor In a draft letter to Larimer County from the Town of Berthoud dated Oct. 16, 2012, Town Planner Tim Katers stated “While the Town is aware of issues encountered by Mr. [Maurice] “Red” Haworth in the past as he worked to bring this property into Berthoud, staff is confident that those issues are behind the community and that a much better reception awaits the Haworth family.” That letter was never sent and, unfortunately, Katers’ comment missed the mark by a mile. Reading articles from the Berthoud Weekly Surveyor from 2007 seems like they were published yesterday, as the same battle over the highly contentious Haworth annexation continues and the fate of the farmland that’s been a part of the family since 1901, and has attempted three previous annexations, will ultimately be decided, this time, by voters on April 1. The annexation was approved in October 2013, by the town board, but has been challenged by an activist group called Citizens for a Better Berthoud. Since the application for the Haworth annexation, which rests at the northwest intersection of County Road 19 and County Road 56, on Feb. 25, 2013, the issue has grown contentious once again, dividing residents and leaving the Haworth family in a quagmire. Despite very vocal opposition to the annexation, Karen Sorenson, one of Red Haworth’s daughters and personal representative for his estate, says that there is support. “I still hear from people who are rooting for us,” Sorenson said. “We do hear a lot of people who say that they support us, but they don’t want to get involved and cause waves.” Once the issue goes to public vote, Sorenson believes that those who are afraid to speak up on their behalf now will do so at the polls. “We are still optimistic,” Sorenson said. The main issue for those opposing the annexation, according to Jeff Hindman, who has been the voice of the Citizens for a Better Berthoud and is also a former town trustee and a Berthoud resident for 18 years, is that the town didn’t follow the proper process for annexation and, he added, that the current trustees have blatantly ignored residents’ opposition by approving the annexation. “They, without any public input, and without consulting the community that worked really hard on this [2007] land use plan, [the town’s trustees and

administration] basically said to the Haworths, ‘You can annex, and we are going to change the land use plan,’” Hindman said. Going back to a town council meeting on Oct. 23, 2012, when the town trustees discussed the Larimer County referral regarding the county annexation of the property is where the issue begins, Hindman said. At that meeting, Town Administrator Mike Hart notified the trustees that the county had submitted the referral asking if the town had any objections to the proposed county annexation. That plan divided the 89.4 acres into a total of four lots: two single family residential lots, each at five acres in size, and one 10-acre single-family residential lot with the remaining 66 acres as a residual lot that would be protected by a conservation easement for 40 years. According to the Rural Land Use Plan Referral from Larimer County dated Oct. 5, 2012, the maximum density through the “subdivision process” would allow up to 37 — plus or minus — units. “Nobody advised us against annexing with the county,” Sorenson said. “When we found out that there was a chance we could be annexed [into Berthoud], we decided that it was to our benefit.” “We went to the county because we wanted to move forward,” Sorenson said. They did so because Red Haworth was turned down three previous times when he attempted annexation to the town; much of the opposition coming from the same group of folks. “It’s the same people, same quotes, same everything,” Sorenson said. “It’s almost word for word.” At the Oct. 23, 2012, meeting, Hart told Sorenson that they had “options” if the county plan was not adequate. “We wanted to make sure that we touched base with the family to be sure they understand what the commitment was and before we sent any notice back to the county,” Hart told the trustees at that meeting. Hart indicated that Katers had drafted the aforementioned letter stating that the town would oppose the county annex plan, because it is land that could potentially be annexed into Berthoud. “I didn’t want to send the letter or go any further with that until we had an opportunity to hear from the family to see what their wishes were,” Hart said at the meeting. Hart added that if the Haworths liked the county plan, “Then I think we should go along with that; that would be our recommendation.” But the Haworths saw real benefit to the town

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option. “We were ecstatic,” Sorenson said. “Once we found out that we had options again, we were excited because it benefits everybody.” Hindman isn’t as enthusiastic. “I haven’t heard a good argument of why the town needs this, or why any of the reasons made in 2007 were changed,” Hindman said. In an Oct. 31, 2013, guest editorial by Mayor David Gregg, he explained that the benefits to the town included development fees in excess of over $2 million as well as ongoing property taxes in perpetuity to help with bond indebtedness, programs and upkeep for the town. “Economically, it makes no sense to annex for low density,” Hindman said. “You take on all this overhead and property taxes don’t generate that much money.” According to Hindman, the only reason a landowner would want to annex into the town is to get a higher density than the county would allow. Higher density makes the property more valuable to a developer, and to the Haworths. “If we had that conservation easement for 40 years, it wouldn’t help anyone in the long run,” Sorenson said. However, this is the point where the opposition uprising against the annexation began, again. Hindman said that there was no public input regarding changes in the Growth Management Area to include the Haworth property, which was made in May 2013. “That’s the problem,” Hindman said. “They changed the land use plan, they made a promise to one landowner to make a piecemeal change to the land use plan without getting any public input.” Discussions regarding revisions to the town’s comprehensive plan began at the Oct. 30, 2013, planning commission meeting, including discussion regarding moving the GMA west boundary to CR 21 from CR 19. The planning commission approved a minor expansion of the GMA to include the Haworth and Jaskowski properties at a planning commission meeting on May 30, 2013. According to Mayor Pro-Tem and planning commission member Jan Dowker, staff discussed the proposed amendment of the Berthoud GMA with the planning commission that could include the two aforementioned properties within the new Berthoud GMA boundary. Public notification was made in order to allow consideration of this within a public hearing, she said. As well, according to a memo from

Ballot questions approved By Rudy Hemmann The Surveyor The Berthoud Board of Trustees took action on two agenda items Tuesday evening, heard a lengthy presentation and held much discussion regarding the fate of the Berthoud Police Department. At a board meeting held Jan. 14, 2014, the trustees set two citizen petitions for inclusion on the April 1 municipal election ballot. Town Clerk Mary Cowdin presented the trustees with the official language of the initiatives

The Berthoud Board of Trustees unanimously agreed that a “Band-Aid” fix was no longer going to work for the ailing Berthoud Police Department and recommended that the town contract law enforcement services with the Larimer County Sheriff’s Office, Tuesday evening. The decision came after two hours of discussion where trustees were inundated with information regarding the cost of running a police department, which is the town’s greatest expenditure. The problem is compounded by the issue that Berthoud would not only need to pay to operate the existing department, but would have to completely rebuild the entire department, facilities and administration, from the ground up. Faced with the fact that the town would have to come up with an additional $400,000 this year, just to rebuild the department, the trustees agreed that the town just doesn’t have the funding to keep the police services local. “We are a revenue poor community and it’s only going to get worse,” said Berthoud Mayor David Gregg. “We’ve been stealing from other departments to keep our police department funded at the very, bootstrap and Band-Aid, minimal level of service at the expense of other departments.” The information presented to the trustees Tuesday night painted a very bleak picture of stagnate revenues dating back to 1995, due to what town administrator Mike Hart said was caused by a lack of growth in both building permits and sales tax revenues. And with ever-increasing costs to provide just basic public services and rising needs for services, the trustees saw no other logical choice than to accept the offer from the Larimer County Sheriff’s Office to provide service to the town on a 19-hour per day, seven-days-per-week basis, for at least the next two years, and possibly longer. “To continue serving the community in a professional and appropriate manner the town will need to dedicate additional funding for law enforcement, both now and in the future,” Hart wrote in a memo to trustees. “This would be much simpler if the PD was the only department or internal service that lacked the additional funding necessary to elevate their levels of service to a higher standard, however virtually every department [Berthoud] has suffers from a lack of funds.” Gregg listed the Berthoud Library, the Berthoud Historical Museum and the Berthoud Area Transportation Service (BATS) as previous town services that had to be cut due to lack of funding. Unfortunately, for Berthoud residents, losing the police department is just the next service to go. “In this day and age you can’t duct tape and bail wire our police department and expect our citizens to feel safe,” said trustee Jan Dowker. All of the trustees agreed the 19-hour option, with only trustee Dick Shepard supporting the 24hour coverage option, was the best way for the town to save some money in the interim, with the goal of one day having enough money to restart the department internally. While the rest all expressed that 24-hour coverage was of value to the community, none saw any way that the town could possibly afford it. The cost to the town to rebuild the department would be upward of $1.2 million in the first year alone. Currently the department costs the town approximately $800,000 annually, but those costs continually rise. To drop the coverage to 19-hours per day, leaving a gap between roughly 2-6:30 a.m., drops the cost to about $1.07 million if the town were to keep the department internal. For the sheriff’s office to provide 24-hour coverage at the same level of service would cost the town approximately $997,000 annually. That cost drops to around $775,000 to go with the 19-hour coverage. However, the 19-hour coverage is somewhat misleading, considering that sheriff’s deputies would still be on duty during those hours, there just wouldn’t be one specifically patrolling Berthoud streets during that time. “If there is a need, we are going to respond,” said Interim Police Chief John Feyen. The agreement will have the sheriff’s office providing service starting May 1 through April 30, 2016, thereby giving the town an adequate amount of time to “regroup” and establish a “strategic plan” for providing law enforcement services to the community.

HAWORTH cont. on page 2 as they will appear on the ballot for approval by the board. The first of the two initiatives, as presented by Cowdin, read as follows: Ballot Question 242 Berthoud Initiated Ordinance Petition Ballot title: A citizen-initiated ordinance requiring certain future proposed annexation outside the Berthoud Growth Management Area as it existed as of Dec. 31, 2012, to be referred to voters for approval regardless of whether such property is presently in the Berthoud Growth Management Area. Ballot question: Shall an initiated ordinance be adopted by the Town of Berthoud County of Larimer, State of Colorado, to read as

BERTHOUD PD cont. on page 2 follows: Section 1. Any future proposed annexation outside the December 2012 Berthoud Growth Management Area will be referred to the voters of the Town of Berthoud by the Berthoud Town Board of Trustees for voter approval. No future annexation will occur in the area outside the Berthoud Growth Management Area as designated as of December 31, 2012, without a majority of “yes” votes by the registered Berthoud electors casting ballots in that election. The I-25 Master Plan Area as designated as of December 31, 2012, and property owned by the Town of Berthoud for recreational, open space, or utility uses will be exempt from this require-

BALLOT cont. on page 2

Page 2 Berthoud Weekly Surveyor February 13, 2014

HAWORTH from pg. 1 the Town of Berthoud dated Jan. 13, 2014, an ad hoc committee held eight public meetings between March 2 and June 10, 2013. According to a staff report dated May 24, 2013, the properties “given the location where a portion of the Haworth property is immediately adjacent to the Town of Berthoud at the Revere property, it makes a logical amendment to the Growth

Management Area and annexation to the Town of Berthoud.” Throughout the process of discussing this specific change to the town’s GMA, to include the Haworth and Jaskowksi properties, town staff provided mailed notices and public postings to ensure that the public was aware of what the planning commission was considering, Dowker said. Additionally, the information was also listed on the town’s website. “Unfortunately, there are folks that suggest we did this behind closed doors,

BERTHOUD PD

Stockwell students shine By Bob McDonnell The Surveyor The 2014 version of Ivy Stockwell Elementary School’s talent show proved quite popular. According to Jill Strait, PTO president, this year’s show features 32 acts and some 40 students. Participating individuals and groups had three minutes to showcase their skills. Acts included dancing, singing, a drum solo, dance routines, gymnastics and rope skipping. The event, which is not a contest, allowed students from all grades at Stockwell to perform for parents, friends and their fellow students.

POLICEFILES Tuesday, Feb. 4 A woman reported losing a wallet in the 900 block of Mountain Avenue. Wednesday, Feb. 5 An assault between a man and woman was reported in the 900 block of Sixth Street. Harassment was reported in the 100 block of S. Fifth Street. A warrant arrest was made on an adult who assaulted a juvenile A caller requested that Berthoud police check on a dog in the 700 block of Gateway Park Lane. Thursday, Feb. 6 A female juvenile attempted suicide on 10th Street. Berthoud police received a call from her boyfriend who said she had texted him about the attempt. When the officer arrived on the scene he immediately called for medical assistance. The juvenile was transported to McKee Medical Center. Medication (pills) were reported

FIREFILES Monday, Feb. 3 BFPD responded to a motor-vehicle accident on Interstate 25 at mile marker 248. A single vehicle was found in the median cables with minor damage to the vehicle. There were no reported injuries. BFPD responded with TVEMS to a medical call on W. County Road 10. The patient was transported. BFPD responded with TVEMS to a medical call on Cheyenne Drive. The patient was transported. Tuesday, Feb. 4 BFPD responded to a reported residential structure fire on Taras Court. The fire crew found a controlled burn behind a residence. BFPD responded to a motor-vehicle accident on I-25 at mile marker 249. This was a single-vehicle accident with no injuries reported. BFPD assisted TVEMS with a medical call on Meadowlark Drive. Wednesday, Feb. 5 BFPD responded to a motor-vehicle accident on Highway 287. A single vehicle had run off the road into a fence post. There were no injuries reported. BFPD responded to a motor-vehicle accident on I-25 at mile marker 252. This was a two-vehicle accident with minor damage to the vehicles. There were no reported injuries. Thursday, Feb. 6 BFPD assisted a business on Welch Avenue for a report of a water-line break. Town of Berthoud was also notified to shut off water flow at the street. The fire crew investigated the leak. The water pipes in the attic had frozen and burst during the night. BFPD assisted TVEMS with a medical call on 10th Street. The patient was transported.

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which is completely false,” Dowker said. “I welcome anyone to any of our meetings, whether it’s the town board or planning and zoning commission, to become better educated on what we’re doing to create a sustainable future.” Still, the only compromise over the matter seems to have been reached at the Jan. 14 town board meeting where the trustees voted to not accept the petition to repeal and let the annexation go to a vote of the people, which is what the Citizens for a Better Berthoud petitioned for.

Photo by Bob McDonnell

First-grader Derek Standford shows off his dance moves during the Ivy Stockwell talent show.

missing from the health office at Berthoud Elementary School. It’s uncertain if a student took their own medicine or if it was stolen. A large dog was found in the 100 block of E. Nebraska Avenue. The owner was contacted. Friday, Feb. 7

from pg. 1

“We just need time to do this right,” said Trustee Paul Alaback. “I think there is a lot to be gained by investing this time and figuring it out.” This is a full-service offer, including management, staffing, vehicles and equipment, a school resource officer, training, legal services, detectives, animal control, and full liability coverage for officers’ actions, according to Hart’s report. Additionally, Berthoud would retain code enforcement coverage internally. The contract with the sheriff’s office guarantees that the current Berthoud officers will be first in line to apply and interview for the open positions.

subject was unruly. During the process it was discovered that there was an outstanding warrant on the man. He was transported to McKee Medical Center, and when the hospital released him he was arrested and transported to jail. Saturday, Feb. 8

A two-vehicle accident with no injuries was reported at W. Mountain Avenue and N. Highway 287. Berthoud police investigated a possible restraining order violation in the 200 block of Second Street. A caller reported a granddaughter was on meth and out of control on Mount Massive Avenue. The officer was not able to determine if she was high on any medication. Because she is an adult she was allowed to leave on her on accord. A man posted on Facebook that he was going to kill himself. A friend notified Berthoud police that he may have taken pain pills. Berthoud police arrived at the scene along with an ambulance. A code 6 was reported, which indicates the officer needs immediate assistance because the

A 15-year-old boy “threw” his mother out of the house on Kansas Avenue and would not let her back in. A caller reported hearing gunshots in the area of S. County Road 17 and Spartan Avenue. No water service was reported in the 200 block of Mountain Avenue. Criminal mischief was reported in the 100 block of Third Street. A juvenile male reported that someone tried to break into a car in the 300 block of Michigan Avenue and that his mom and dad were pursuing two men. One was heavy set and short and the other tall and skinny; both were wearing hoodies. The mom’s purse was missing from the vehicle. Two men were detained and questioned but there was no evidence to hold them. Investigation is ongoing.

BFPD responded to a carbon monoxide (CO) alarm on Fourth Street. The fire crew investigated and found the detector to be faulty.

BFPD responded to a carbon monoxide detector activation on Jay Place. The fire crew checked for levels of CO and concluded that the detector was faulty.

BFPD responded to a medical call on Big Oak Street. The fire crew assisted with patient care until TVEMS arrived. The patient was transported. BFPD responded with TVEMS to a medical call on Fourth Street. BFPD responded with TVEMS to a medical call for leg pain on Yellowstone Road. The patient was transported. BFPD responded with TVEMS to a medical call for chest pain on Wilfred Road. The patient was transported. BFPD responded to a motor-vehicle accident on Interstate 25 at mile marker 250. This was a three-car accident with minor damage to the vehicles. There were no injuries reported. BFPD and TVEMS responded to a medical call on Welch Avenue. The patient was transported.

BFPD responded to a medical call for chest pain on Vaquero Street. BFPD responded to a commercial fire alarm on Ninth Street and Mountain Avenue. This was determined to be a false alarm triggered by a worker maintaining the HVAC unit on the roof. The crew confirmed that the alarm was unintentional and reset the alarm system.

BFPD assisted TVEMS with a medical call for abdominal pain at the Berthoud Living Center. The patient was transported. BFPD responded to a commercial fire alarm on Ninth Street and Mountain Avenue. The strip mall was evacuated. There were no signs of fire. A broken sprinkler head was flowing water into the building. The system was shut down until everything was repaired and operational. BFPD responded to a commercial fire alarm in the same strip mall. Upon arrival there were no signs of fire or evacuation. Due to concrete sanding in the business, a duct detector was activated due to the dust. The crew advised in the future to cover the vents with plastic to prevent the alarms from activating.

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Sunday, Feb. 9 A suspicious vehicle was reported in the 100 block of Bunyan Avenue. A water-main break was reported in the 700 block of Fourth Street. Berthoud police received a report of a suspicious man being dropped off near the park at S. Ninth Street and Kansas Avenue, carrying a small duffel bag, Rubbermaid container, and a backpack. The man was not dressed for the weather and was digging in the bushes. When he came out of the bushes he did not have the duffle bag and container. A caller reported that the neighbor’s

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dogs broke the fence and two of the four dogs are in her yard in the 400 block of Indiana Avenue. The owner was contacted and will fix the fence. A caller reported that his elderly inlaws had a suspicious female come to their home and make excuses to try and get in the house. He suspects the female was “casing the joint.” Monday, Feb. 9 A motor-vehicle accident with no injuries was reported at Fourth Street and Mountain Avenue. An aggressive salesman was reported in the 1100 block of Arapahoe Avenue. A warrant arrest was made at the Berthoud police station. The man was charged with failing to appear on a traffic offense, paid a bond, and was released. The following persons received citations: Christine Flaschenmen, speeding; Sean Walter Browning, speeding; Loryl M. Jennings, careless driving; Laurie Goldberg, careless driving; Kyle Hart, warrant, assault. Ten traffic warnings and two municipal code violations were issued.

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There will be no formal presentation during the open house and those interested in the Draft Comprehensive Plan may attend at any time during hours listed and visit with staff. Comments, questions or suggestions will be recorded and used to assist the citizen committee, planning commission and town board as they work to complete this project. The next citizen committee meeting where open house comments would be presented is Monday, Feb. 24 beginning at 6 p.m. at town hall. The Draft Comprehensive Plan Update may be reviewed on the Town of Berthoud website at www.berthoud.org. All meetings related to the Berthoud Comprehensive Plan Update are open to the public and interested citizens are encouraged to attend. For further information please contact Tim Katers, AICP, planner at the Town of Berthoud at 970-532-2643 or at tkaters@berthoud.org. Please join us at the upcoming open house events.

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Two boys, an 11-year-old and a five-year-old, were reported missing by their mother in the 300 block of Turner Avenue. A neighbor reported seeing them and asking them where they were going and they replied that they were walking to King Soopers in Loveland. He tried to get the boys to come into his yard but they would not so he followed them in his car and contacted Berthoud police. The police picked the boys up and returned them to their parents.

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ment. The text of the second initiative: Ballot Question 241 Berthoud Haworth Estate First and Second Annexation Referendum Petition Ballot Title: A measure annexing the Haworth Estates First and Second Annexations to the Town of Berthoud. Ballot Question: Shall the Town of Berthoud ordinance No. 1170 be adopted, which ordinance annexed the Haworth Estates First and Second Annexations to the Town of Berthoud, County of Larimer, State of Colorado, and was passed by the Town Board of Trustees on October 22, 2013? Both initiatives are directly related to the Haworth Annexation and are supported by a band of disgruntled rural residents from west of town. Members of the board questioned Cowdin regarding the wording of the initiatives, if mail ballots would be used, and what the cost of the election would be for the town. Cowdin stated she was unsure of the cost for the election, but said that future annexation questions, which would probably be decided by special election, would cost the town between $5,000 and $10,000. She also indicated that mail-in ballots, otherwise known as absentee ballots, would be used. A pair of motions to approve ballot

title and language for Ballot Question 242 and Ballot Question 241 were made, seconded and unanimously approved. The trustees also considered the awarding of a contract for emergency repairs to County Road 1. Staff Engineer Stephanie Brothers reported there was some urgency to the board taking action on his item. According to an information sheet provided, the award of the bid “will need to be made at this meeting so construction may commence as soon as possible. The project must be under construction by March 11, 2014, to be covered as emergency repair by the Federal Highway Aide (program).” She added that all emergency repair projects will be 100 percent reimbursable. County Road 1 has been closed since the flooding of last September. There was little board discussion regarding the matter and a motion to award the bid to the lowest of three bidders, Hunt Construction of Elizabeth, Colo., was made seconded and approved unanimously. The bid by Hunt Construction came in at $154,869, which undercut the next lowest bidder by more than $51,100. During reports Town Administrator Mike Hart mentioned the board’s strategic planning session which is to be held Saturday, Feb. 15. The session will be held on the second floor of the Chase Bank building at 200 E. Seventh St. in Loveland, Colo., beginning at 8:30 a.m. and is open to the public.

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cont. from pg. 1

Sunday, Feb. 9

Friday, Feb. 7

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Volume 11, Number 18

Rural Berthoud sewer proposal fails initial smell test By Rudy Hemmann The Surveyor

The Berthoud Board of Trustees held a regular meeting Tuesday evening and, while the agenda was full, there were surprisingly few motions made or votes taken. One of the first items brought before the board was a request by two rural subdivisions, Western Mini Ranches and Vaquero Estates, to attach to the town’s sewer system. It was revealed by Ed Schemm, assistant director of environmental health of the Larimer County Department of Health and Environment, that both subdivisions have been working with the county’s health department for several months, per a cease-and-desist order issued by the Water Quality Control Division of the Colorado Department of Public Health to improve their wastewater treatment discharges. During a brief presentation, Schemm stated the subdivisions have been served by an aerated lagoon since being subdivided in the 1970s. He added that an engineering study revealed the best, and least expensive, option for these rural residents is to connect to Berthoud’s municipal wastewater system. He was unclear how many residences would be added to the sewer system. Under questioning, Schemm gave a history of

the current status of the wastewater treatment facilities that other rural subdivisions are currently using, and the future prospects for those systems. Some on the board expressed concern at the prospect of giving away the town’s sewer plant capacity to rural subdivisions and then running short of capacity when a major subdivision within Berthoud comes on line. Schemm answered by stressing since the subdivisions were in the town’s 208 area, it only makes sense to serve their wastewater needs. (According to Schemm, the North Front Range Water Quality Planning Association assists in putting together a plan to deal with wastewater treatment. The number (208) refers to a section of the federal water quality act which states regions must plan for future growth.) Mayor David Gregg summed up the feelings of many board members by stating “We have just gone through a period here in town … where the folks out in the west county, and this subdivision in particular, said ‘We really don’t want to have anything to do with you. We don’t want your city services, we don’t want your city limits. We want you to stay where you are and leave us alone.’ I need to know more about this 208 area and how it differs from a

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GMA (Growth Management Area) and what our obligations are with regard to the application of that area … I also need to know a lot more about our current capacity as compared to our expected build-out within the GMA. My fear is that we could be giving away capacity today that would then, at some future date, cause (wastewater capacity issues) for property owners within the GMA.” By consensus the board directed staff to develop a 208-101 session within the next few weeks and for staff to be prepared to discuss current wastewater facility capacity as well as which other rural subdivisions could potentially be asking the town for wastewater treatment in the foreseeable future. An item brought up during reports was the BMX track. According to town staff the operator of the BMX track, Kevin Jones, has not complied with the town’s requirement to furnish financial information of the BMX operation despite repeated requests from Town Attorney Bruce Fickel, as well as other town staff members, to meet with them. The financial information is needed to so that a contract between the town and the BMX organization can be drawn up by Fickel and presented to the board to be ratified. Town Administrator Mike Hart said the town would not allow use of the

track until a contract had been presented to the board. Trustee Suzie White, the board liaison to the BMX group, stated, “This has gone on for three or four months. They have not responded to any of the attorney’s letters asking for the information we need … I think his time is up and we need to move forward. Mayor Gregg suggested he and Trustee White try one more time to contact Jones and “communicate the urgency of the situation he (Jones) has created by not responding for three months,” and that no activity would be allowed on the site until he has complied with the town’s requests. Hart reported the town, through quick action by the town’s Water Attorney Paul Silas, was able to secure 500 shares of Colorado-Big Thompson (C-BT) water from Longmont for the reasonable price of $14,000. The deal struck by Silas will ensure the town has sufficient water to make it through the year. The town was put in a tight spot with regard to water availability due to water restrictions by the Bureau of Reclamation for the remainder of 2014. Hart stated the town needed to act by Monday afternoon to get a check issued for the purchase of the water. He stated the mayor agreed and the check was issued and signed. TOWN cont. on page 2

VICTORIAN TEA

By John Gardner The Surveyor Former Berthoud Police officer Jeremy Yachick entered a plea agreement on Friday, April 25, and will avoid trial in his child-abuse case. The agreement vacates the fourday trial that was scheduled to begin on May 12. The agreement had Yachick enter a guilty plea to one count of misdemeanor child abuse, pursuant to Alford, which means that Yachik doesn’t admit committing the act he was charged with but admits that the prosecution could likely prove the charge if the case proceeded to trial. However, the court still recognizes the entry of the guilty plea in the case. According to the agreement, the remaining three child-abuse charges and one count of false imprisonment, all misdemeanors, will be dropped. Yachik was fired from the Berthoud Police Department in October 2013 after being arrested for allegedly abusing his then 15-year-old daughter in July 2012. He pleaded not guilty to those charges in Larimer County Court on Dec. 2. After Yachik was arrested and charged in the case, former Berthoud Police Chief Glenn Johnson resigned amid an internal investigation of the department to determine if any police policies were violated when Johnson received an email detailing the alleged abuse. Yachik’s ex-girlfriend, Ashley Saint-Roberts, first emailed Johnson the allegations in April 2013, but received no response, she claimed. She then emailed a video of the alleged abuse to Berthoud town trustees and Town Administrator Mike Hart, Loveland Police and the Larimer County Sheriff’s Office and several news outlets in September 2013. The video showed Yachik kicking and hitting a girl who was lying on the floor. According to court documents, Yachik admitted to being the person in the video who was doing the kicking and hitting. Investigators also reported that Yachik’s daughter said that the abuse had occurred for years. She detailed alleged abuse including being restrained with zip ties or handcuffs, being punished by withholding food, and being choked YACHIK cont. on page 2

Photo by May Soricelli

Left to Right: Judy Bellino, Sylvia Garofalo, Marcie Wells and Denise Blegen enjoy themselves at the Victorian Tea event held at the McCarty-Fickel Home Museum on Saturday, April 26. Blegen and Bellino, who are neighbors here in Berthoud, said “This is our first time to the tea.” However, they’d been attending the Fannie Palmer’s lunch every month for the last year together. “We learn a little bit more about the story every time we come,” they said. Virginia Huppe, member of the Historical Society, hosts these events and tells stories of the history of the home and the town. Thirty guests attended the Victorian Tea and enjoyed specialty teas and treats in a beautiful setting. All the servers were lovely in their period-style costumes. Residents are encouraged to check out the upcoming Lunch From Fannie Palmer’s Pantry on Friday, May 2 at the McCarty-Fickel House.

Tommy Lucero’s story has two positive endings By Bob McDonnell The Surveyor Tommy Lucero, a 15-year-old Berthoud Lake Estates resident, suffered a medical emergency during baseball practice at Thompson Valley High School (TVHS) on March 5. His heart stopped and he was not breathing, but he is alive today because of the quick actions of coaches and medical personnel. Heart surgery occurred a week after the March 5 event to correct Lucero’s birth defect called anomalous aortic origin of a coronary artery. In this condition, a coronary artery grows in an abnormal location

on the aorta. As Lucero recovered at the hospital and at home, friends and family donated funds in his name. In total, the fundraising effort yielded $9,000, which was then donated to the McKee Medical Center Foundation to cover the expense for four Automatic External Defibrillator (AED) devices. Those devices were

purchased by the McKee Medical Center Emergency Department on behalf of Lucero’s parents to be donated to the four Thompson School District high schools. Before the Friday April 24 game between TVHS and Mountain View High School, Lucero, his parents, Julie Kruit and Tom Lucero, first responders and school officials

Look who’s in the news! Josie Spitz Preston Ross Elizabeth Lawrence

Octavio Noda Hannah Nash Emmie Wellems

Classified.................................... 9 Crossword................................... 7 Legal notices............................... 9 Opinion....................................... 6 Play ............................................ 7 Senior Wise................................. 8 Sports......................................... 4 Then & Now................................ 5 Weather...................................... 2

Photo by Bob McDonnell

Tom Lucero and son Tommy celebrate as AEDs are presented to the four local high schools.

gathered at Greg Brock Field. “We are making this donation to the Thompson School District so we have life-saving equipment available in case another child or adult has a cardiac issue during an athletic event,” Kruit said. An emotional Tom Lucero thanked those who helped his son. He also pointed out that 24 of the 32 schools in the district do not have AEDs. The elder Lucero stressed how the family “wanted to give back to the community.” The four local high school athletic directors accepted the gifts on behalf of their respective schools. Although high schools have AEDs, they are not portable or in close proximity to where athletes work out in many cases. Also, at times, school facilities may be locked when practices or games occur. As Berthoud High School’s Athletic Director Chase McBride headed back to the school, he said having the AED available is “vital.” He added that the AED would be a good complement to the one already in the high school’s commons area. Lucero’s story is far from over. After a stress test next week, the shortstop hopes to be cleared to play summer baseball. He entertains ideas of trying out for golf next year, too. While this story has two positive endings, Lucero’s story isn’t over yet.

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Volume 11, Number 29

Berthoud Local plants seeds for farmers’ market

By Heidi Kerr-Schlaefer The Surveyor

It’s already been a long, hot summer for the group that’s been working to get the Berthoud Farmers’ Market off the ground this year. Berthoud Local is a grassroots nonproﬁt whose members originally came together to work on the Wagner Farm Park Project. Currently, the group is working on a handful of small projects with an aim to support local food. One of its ventures

is the Pioneer Park Community Garden that it operates in partnership with the Town of Berthoud. The group also plans to host two farm-to-table dinners later this year. “We are trying to encourage awareness about food that’s produced locally and food that’s prepared locally. We felt like it was a natural ﬁt for us to jump in and take on the Farmers’ Market project,” said Tracey Long, co-president of Berthoud Local. “Part of our mission is to

re-vitalize ‘The Garden Spot.’” The group stepped up to run the Berthoud Farmers’ Market this summer after the Berthoud Area Chamber of Commerce decided that it wasn’t feasible to operate the venture this year. “As a Chamber, we needed insurance to cover the market, as with any event we sponsor. With charging only $5 per vendor, per day, it was a losing proposition for us,” explained Deanne Mulvihill, director of the Berthoud Chamber of Commerce.

“We are excited that a group of volunteers got together to undertake this project,” Mulvihill added. “We hope the community will support them.” According to Long, there was also some miscommunication about the municipal fees associated with running the market in town, which postponed the market’s opening. Feeling that it was cost prohibitive, the market organizers looked for a site outside of Berthoud.

ONE HAIL OF A STORM

75¢

Former Berthoud police officer sentenced to work release and 3 years probation By John Gardner The Surveyor

Former Berthoud Police officer Jeremy Yachik will serve 30 days in the Larimer County’s work release program and will be on supervised probation for three years as sentencing for his misdemeanor child abuse case. Yachik appeared in Larimer County Courtroom, LOCAL cont. on page 2 Monday, for a sentencing hearing in the case stemming from July 2012 incident in which Yachik was accused of abusing his then 15-year-old daughter. Yachik entered an Alford plea in the case on April 25, vacating a four-day trial that was set to begin on May 12. The Alford plea means that Yachik didn’t admit to committing the act he was charged with but entered a guilty plea to one count of misdemeanor child abuse because the prosecution could likely convince a jury to convict him if the case proceeded to trial. As part of the plea agreement the three remaining child-abuse charges and one count of false imprisonment, all misdemeanors, were dropped. Yachik was also ordered to complete 80 hours of public service, and undergo a domestic violence evaluation and possible treatment. He is also not to have any contact with his daughter as well as other conditions. Yachik was fired from the Berthoud Police Department in October 2013 after being arrested in the case. He pleaded not guilty to those charged in Larimer County Court on Dec. 2, 2013. After his arrest, former Berthoud Police Chief Glenn Johnson resigned amid an internal investigation of the department to determine if any police policies were violated when Johnson received an email detailing the abuse, from Yachik’s former fiancé Ashley SaintRoberts. Saint-Roberts sent the email in April 2013, but claimed that she received no response from Johnson. She then emailed the a video of Yachik kicking his daughter to the Berthoud trustees, town administration, the Loveland Police Department and Larimer County Sheriff’s Office, as well as several news organizations. Yachik was ordered to report to the Larimer County Probation Department by noon on Tuesday, July 15. He’ll begin his work release program on Sept. 1, according to the disposition document.

Photo by John Gardner

Despite it being July, George Jacobo uses a snow shovel to clear the sidewalk in front of Mi Cocina Mexican Restaurant in Berthoud Monday afternoon. Jacobo wasn’t clearing snow, however, he was shoveling piles of hail after a powerful hailstorm came through Monday afternoon, damaging many area trees.

Town trustees develop communication plan By Rudy Hemmann The Surveyor

The Berthoud Board of Trustees met for a study session focused on the elements necessary to develop a communication plan to assist the board and town staff to better communicate with the community. Gregg Piburn, president of Leader’s Edge Consulting, Inc., facilitated the meeting and led the board members in discussions related to building trust between the trustees and town residents. Carnival Americana will provide He stressed the importance of building relationships the midway rides. The carnival is open weeknights from 4 p.m. to midnight, and from between board members and the public, always being honest and transparent, conveying that the board, for noon to midnight on Saturday and Sunday. the most part, is working together, while at the same An all-day carnival pass is available for $25. time recognizing the limitations the board faces and For those who enjoy watching pyrotechnic communicating those limitations to town residents. devises exploding in midair there will be Methods of communication discussed during the ﬁreworks show on both Friday and Saturday meeting were, a newsletter mailed to every town evenings. Friday’s show begins at 9:30 p.m. resident, the town newspaper, social media (such as and a start time of 9 p.m. for the show on Facebook, twitter, etc.) and the town’s website. Saturday. The trustees agreed to establish reasonable goals The fair’s crowning jewel is a Professional to ensure that a communication plan is developed and Rodeo Cowboys Association sanctioned rodeo implemented as soon as practicable, and then to use the at the Budweiser Event Center; Aug. 3-5. lines of communication outlined in the communication According to the Budweiser Event Center website, the 2013 Larimer County Rodeo was plan to “clarify and convey the board’s vision through a honorably named ‘Medium Rodeo of the Year’ strategic plan. During reports the poor condition of the railroad and will bring back all of its great traditions crossing on Welch Avenue was brought up by Trustee for 2014 including several features, such as Hall of Fame Stock Contractor — Beutler and Suzie White. Town Administrator Mike Hart stated Son Rodeo Company, Hall of Fame announcer, he and other staff members had been in touch with the railroad for well over a year about this same issue COUNTY FAIR cont. on page 6 TOWN cont. on page 2

Dust off the boots, it’s County Fair time By Rudy Hemmann The Surveyor Ready or not, it’s time to dust off the boots and get on over to the Larimer County Fair, which gets underway this weekend. The fair festivities begin at 9 a.m. on Friday, July 18 with the 4-H cat show, followed on Saturday with the 4-H dog obedience and showmanship show, beginning at 8:30 a.m. While these initial two days may be short on excitement, things begin to pick up over the next three days from Monday, July 21 to Wednesday, July 23 with the Junior Rodeo, Open Roping, Barrel Racing and Posse event. Junior rodeo events begin at 5 p.m. A Public Fashion Revue is also scheduled for July 23 at 7 p.m. On Saturday, July 26, from 9:30 a.m. to 12:30 p.m. the Larimer County Fair and Rodeo Parade will make its way through downtown Loveland.

Starting Sunday, July 27, fair visitors will be able to watch an equestrian event of some type for the next four days. Other 4-H events are also scheduled these four days. Beginning July 31, and continuing for the balance of the fair, the daily schedules are ﬁlled with all manner of events including: 4-H competitions and judged events, stage shows, antique tractor shows and parades, and all of the open class competitions for those not associated with a 4-H program. On Friday, Aug. 2 a Toast to Agriculture — 4-H and CSU Scholarship Fundraising Dinner will be held in the private party tent from, 5 p.m. to 7 p.m. A free pancake breakfast will be served Sunday, Aug. 4 from 6:30 to 9:30 a.m. The pancake breakfast event will also be held in the private party tent. The dinner and breakfast are in addition to the gastronomical treats one is able to ﬁnd on the midway. Funnel cakes head this list and are joined by cotton candy, corn dogs and turkey legs.

Look who’s in the news! Andy Berger Dan Forbis Carson Bagley Kathleen Gruman

Local

Then and Now

Play

Jennifer Conlon Ella Strait Kristina Mesikapp Trudy Perry

Weather ..................................... 2 Opinion ...................................... 4 Then & Now ............................... 5 Local news ................................ 6 Crossword .................................. 7 Business ..................................... 8 Classiﬁed ................................... 9 Legal notices .............................. 9

A patch of purple at Heritage Lavender in rural Berthoud Page 10

Chamber of Commerce “boosted” Berthoud in 1907 Page 5

Discover agriculture at Ag Heritage Center Page 7