HomeMy WebLinkAbout860296.tiff RESOLUTION
RE: INCLUSION OF WEEDS WITHIN THE PESTS TO BE CONTROLLED IN THE
SOUTHEAST WELD, WINDSOR-SEVERANCE, EATON-AULT, AND JOHNSTOWN
PEST CONTROL DISTRICTS
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Southeast Weld, Windsor-Severance, Eaton-Ault,
and Johnstown Pest Control Districts have submitted a written
request to the Board of County Commissioners of Weld County,
Colorado, pursuant to §35-5-104 (8) , CRS, asking that certain weeds
be added to the lists of weeds to be controlled by those
districts, and
WHEREAS, copies of said letters are attached hereto and made
a part hereof by reference, and
WHEREAS, the Board has been informed that each of the weeds
in the request comes within the definition of "pest" pursuant to
§35-5-101 (10) , CRS , and therefore, may be added pursuant to
§35-5-104 (8) , CRS , and
WHEREAS, the Board deems it appropriate to grant the request
of the above-named pest control districts to add such weeds to the
list of pests to be controlled by the districts.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that Wild Proso Millet
(Panicum Miliaceum) be added to the list of pests to be controlled
by the Eaton-Ault , Windsor-Severance, and Johnstown Pest Control
Districts.
BE IT FURTHER RESOLVED that the Hoary Cress (White Top)
(Cardaria Draba) be added to the list of pests to be controlled by
the Eaton-Ault , Windsor-Severance, and Southeast Weld Pest Control
Districts.
BE IT FURTHER RESOLVED that Musk Thistle (Carduus Nutans) and
Bull Thistle (Cirsium Vulgare) shall be added to the list of pests
to be controlled by the Southeast Weld Pest Control District.
Page 2
RE: INCLUSION OF WEEDS IN PEST CONTROL DISTRICTS
BE IT FURTHER RESOLVED that ballots be prepared and mailed to
the above-stated pest control districts for a vote of the
landowners and lessees therein to add the weeds.
BE IT FURTHER RESOLVED that the Weld County Treasurer, the
Weld County Assessor, and Mr. Ron Broda of the Weld County
Extension Service be appointed to count the ballots once they are
returned to Weld County.
The above and foregoing Resolution was , on motion duly made
and second, adopted by the following vote on the 24th day of
March, A. D. , 1986 .
/)y� BOARD OF COUNTY COMMISSIONERS
"ATTEST: ! (�� �; WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the B d Jacqueline - ohnso Chairman
eputy County erk G r ac , -Tem
APPROVED AS TO FORM: EXCUSED
Gene R. Brantner
„} County Attorney
C. W it y
Fr n1c Yam gu
1•r f Cooperative Exnsion Service
Colorado State University
Weld County Extension Office
425 North 15th Avenue
Exhibition Building, Island Grove Park
Greeley, Colorado 80631
303/356-4000 Ext. 4465
March 7 , 1986
Dear Weld County Board of County Commissioners ,
The Windsor-Severance Pest Control District Advisory Board would like
to petition the County Commissioners , under Article 35-5-104(8) - Pest
Control Districts Act, so that the two plant species listed below can be
added to the mandatory pests to be controlled in the Windsor-Severance
Pest Control District. The plant species we wish to add are :
Wild Proso Millet (Panicum miliaceum)
Hoary Cress (Whitetop) (Cardaria draba)
Thank you for your attention to this matter.
Sincerely,
Windsor-Severance Pest Control
District Advisory Board
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Ruben Hergert C Bernard HiSva
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Paul Lind Elmer Deines
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CJV Colorado State University, U.S. Department of Agriculture and Weld County Cooperating
ir�•r Cooperative Extension Service
Colorado State University
Weld County Extension Office
425 North 15th Avenue
Exhibition Building, Island Grove Park
Greeley, Colorado 80631
303/356-4000 Ext. 4465
March 7 , 1986
Dear Weld County Board of County Commissioners ,
The Eaton-Ault Pest Control District Advisory Board would like to
petition the County Commissioners, under Article 35-5-104(8) - Pest
Control Districts Act, so that the two plant species listed below can
be added to the mandatory pests to be controlled in the Eaton-Ault
Pest Control District. The plant species we wish to add are:
Wild Proso Millet (Panicum miliaceum)
Hoary Cress (Whitetop) (Cardaria draba)
Thank you for your attention to this matter.
Sincerely,
Eaton-Ault Pest Control
District Advisory Board
thur K. Ande son Dave Kreps
(2
Richard Foose Arthur Anders
77-j/
Vernon Pearson
Cea 292,
c% Colorado State University, U.S. Department of Agriculture and Weld County Cooperating
IfitCooperative Extension Service
Colorado State University
Weld County Extension Office
425 North 15th Avenue
Exhibition Building, Island Grove Park
Greeley, Colorado 80631
303/356-4000 Ext. 4465
March 10, 1986
Dear Weld County Board of County Commissioners ,
The Johnstown Pest Control District Advisory Board would like to
petition the County Commissioners , under Article 35-5-104(8) - Pest
Control Districts Act, so that the plant species listed below can be
added to the mandatory pests to be controlled in the Johnstown Pest
Control District. The plant species we wish to add is :
Wild Proso Millet (Panicum miliaceum)
Thank you for your attention to this matter.
Sincerely,
Johnstown Pest Control
District Advisory Board
4 /
Edward Reichert Fred Se ich
Conrod opp Warren Stroh
tThtze
6.1 Colorado State University, U.S. Department of Agriculture and Weld County Cooperating
•
•-•r Cooperative Extension Service
1 f Colorado State University
Weld County Extension Office
425 North 15th Avenue
Exhibition Building, Island Grove Park
Greeley, Colorado 80631
303/356-4000 Ext. 4465
February 12, 1986
Dear Weld County Board of County Commissioners,
The Southeast Weld Pest Control District Advisory Board would like to
petition the County Commissioners , under Article 35-5-104(8) Pest Control
Districts Acts , so that the three (3) plant species listed below can be
added to the mandatory pests to be controlled in the Southeast Weld Pest
Control District. The plant species we wish to add are :
Hoary Cress (Whitetop) (Cardaria draba)
Musk thistle (Carduus nutans)
Bull thistle (Cirsium vulgare)
Thank you for your attention to this matter.
Sincerely,
Southeast West Pest Control
District Advisory Board
:;:--eV15---c, ' (
:Joel Shoneman / Edwin Weickum
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(- Aruce KauVfman4- Gene Andrews
C arles an gar n
(JV Colorado State University, U.S. Department of Agriculture and Weld County Cooperating
STATE OF COLORADO
DEPARTMENT OF AGRICULTURE DIVISION OF PLANT INDUSTRY c • ®9
1525 Deriver,Sherman Street p
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Telephone: (303) 866-2838 N�
o
Colorado 8020.1
(303) 866-2811 s w
Is 76
Richard D. Lamm
Governor
Timothy W.Schultz,
Commissioner
March 20, 1986 Donald Rolston
Deputy Commissioner
Mr. Bruce T. Barker
Assistant County Attorney
Office of County Attorney
P. O. Box 1948
Greeley, Colorado 80632
Dear Mr. Barker:
I can issue no legal opinion on your question of March 18, but it is my personal
opinion that Wild Proso Millet and White Top could well fall within the defini-
tion as "noxious, destructive or troublesome plants."
There is no list of noxious weeds as determined by the Commissioner of Agriculture
so it would appear to me that in the absence of such, members of the district are
free to designate any that they choose.
Very truly
yours,
y
R. I. Sullivan, Director
Division of Plant Industry
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cc: Ron Broda
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AGRICULTURAL COMMISSION: Naioma Benson, Sterling• Perry Christensen, Grand Junction • Stephen Drittmier, Lakewood • Ben East-
man,Hotchkiss• Elton Miller, Fort Lupton• Lee Mortensen,Northglenn• Don Moschetti,Center•John H.Thatcher,Jr., Boone•John Young,
Greeley
�c(rmErnoRnnpurri
Ron Broda
r . Extension Office March 6 , 1986
To Date
(COLORADO Bruce T. Barker , Assistant County Attorney
From
Answers to Various Questions Concerning State
Subject:
May a pest control district which has specified grasshoppers as
the pest it was formed to control add weeds to its list of
controlled pests?
ANSWER: Yes. Section 35-5-104 (8) , CRS , states the following:
"When a pest control district which
was established for the control and
eradication of specified pests
desires to add additional pests to
be controlled within the district,
the district advisory committee
shall petition the board of county
commissioners of the county in which
such district is located, requesting
that a stipulated pest or pests
should be added to the pests to be
controlled in the district. "
The word "pests" is defined in §35-5-101 (10) , CRS , as
follows :
" ' Pest, ' as determined by the
commissioner , means a noxious ,
destructive, or troublesome plant,
insect, or plant disease , when found
to be in epidemic proportions and of
sufficient economic importance to
threaten the public welfare. "
Thus , the statute allowing the addition of other pests
to the list of those pests to be controlled by a
district does not limit the pests that may be added.
Weeds may be added to a district which was originally
formed to eradicate grasshoppers , and vice versa.
May weeds other than "noxious" weeds be specified as "pests" to be
controlled or eradicated by a district?
ANSWER: As noted in the definition stated above, "pests" include
not only "noxious" weeds , but also "destructive or
fJE0296t
Ron Broda
Page 2
March 6 , 1986
troublesome plants. " Both "noxious" weeds and the
"troublesome or destructive plants" must be denoted as
such by the Commissioner of Agriculture. Therefore , if
a particular weed or plant has not been included in
either of these lists by the Commissioner of
Agriculture , then that particular weed or plant may not
be specified as a pest to be controlled or eradicated by
the pest control district.
What is the procedure in order to add a specific weed to the list
of pests to be controlled or eradicated by a pest control
district?
ANSWER: Section 35-5-104 (a) , CRS , controls the procedure for
. adding a pest to the list of pests to be controlled or
eradicated by a district. The subsection states that
the district advisory committee of the district must
petition the Board of County Commissioners and request
that a stipulated pest or pests should be added to the
pests to be controlled in the district. The Board then
must act upon the petition within ten days after
receiving it. The Board has the discretion to determine
whether the stipulated pest or pests should be
controlled within the district. If the Board believes
that the pest or pests should be so controlled, the
Board then submits the question to all landowners and
lessees of the district by mailing to each landowner and
lessee a ballot requesting his or her vote for or
against the addition of the stipulated pest or pests .
The ballot must be addressed to the landowner or lessee
as shown by the records of the County Assessor or State
Board of Land Commissioners . The ballot must request
its return within ten days to the Board. If 51% of the
landowners and lessees vote in favor of the inclusion of
the pest or pests within those to be controlled, the
Board must immediately declare that the stipulated pest
or pests shall be controlled in the district and then
the Board must inform the district advisory committee of
the result of the balloting.
When a grasshopper eradication program is formed pursuant to
§35-5-120 , CRS , may the Board of County Commissioners force other
persons within the district who have not already joined the
program to join and contribute money up front for the cost?
ANSWER: No. Section 35-5-120 , CRS , states that if the Governor
has declared an emergency resulting from a major
fdkt 296
Ron Broda
Page 3
March 6 , 1986
grasshopper or range caterpillar infestation, the Board
of County Commissioners is authorized and directed to
establish a system of priorities for any operation
involving the control of grasshoppers or range
caterpillars in infested areas . The Board must certify
to the Commissioner of Agriculture any area within a
County which has established a grasshopper or a range
caterpillar control district in areas infested with such
pests in which 66 2/3% of the landowners and lessees
have agreed to pay a proportionate share of the cost per
acre for grasshopper or range caterpillar control. The
statute does not mention anything about those persons
who do not wish to join the program. If they do not
wish to join , they may not be forced to do so.
Pursuant to §35-5-108 , CRS, the County pest inspector
may force those landowners or lessees who do not join
the program to control the grasshoppers or range
caterpillars which have infested their lands . The
procedures for enforcing such control by the landowners
and lessees are outlined in my June 17, 1985 ,
memorandum, a copy of which is attached hereto.
Bruce T. Barker
Assistant County Attorney
BTB: ss
13S 11296
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2 1 Ron Broda
W711 Ta Extension Service DateJune 17 , 1985
COLORADO From Bruce T. Barker, Assistant County Attorney
Legal Remedies to Enforce the Spraying of
Subject:
Grasshopper-Infested Areas
QUESTION: What procedure should be followed in order to control
or eradicate grasshoppers on land located within a pest control
district?
ANSWER: The following procedures should be followed, pursuant to
§35-5-108 , CRS :
1. The County' s Pest Inspector is required to notify the
landowner, lessee, agent, or occupier of the lands of the
grasshopper infestation. A telephone call would probably
satisfy the statutory requirement of notice. However, it is
also advisable to put such notification into letter form and
send it to that person by certified mail. The notification
has to include the scientific name for the grasshoppers , the
best available methods of controlling or eradicating the
grasshoppers, and notice that the owner, lessee, agent, or
occupier is required to arrange for the performance of such
methods. §35-5-108 (1) . It is also advisable to inform him
of the availability of matching funds , in accordance with
§35-5-120 , CRS , in order to reduce the cost of the control or
eradication.
2 . If the owner, lessee, agent, or occupant of the land
refuses to comply with the requirements of the pest inspector
for the control or eradication of the grasshoppers , the
inSuc,..l.v1 may cause spraying to be done on the lands after
approval by the Board of County Commissioners. §35-5-108 (2) .
3. Upon completion of the work, the Board of County
Commissioners is required to notify the landowner, by
certified mail, at the address shown on the records of the
County Assessor, or by one publication in a newspaper having
general circulation within the County, as to the amount due.
The notice must furnish an itemized statement of the expense
of the treatment for the eradication of the grasshoppers and
state that, if the amount of the statement is not paid to the
County Treasurer within thirty (30) days from the date of the
notice, • the amount thereof will be assessed as a lien upon
the lands which were sprayed. However, no lien may be in
excess of the valuation for assessment of the lands
themselves. §35-5-108 (3) .
Ut•;ty ,
Ron 3roda
June 17 , 1985
Page 2
4 . Any landowner within the district, including landowners
whose lands have not been sprayed, may, within thirty (30)
days from the mailing or publication of the account showing
the charge , file a written protest with the Board of County
Commissioners. Within ten (10) days after its filing, the
Board must then fix a time and place for hearing on the
protest. The hearing must be held not less than ten (10)
days nor more than thirty (30) days from the date of the
notice of the hearing. Immediately after the hearing, the
Board must make written findings and any changes in the
assessment as may be determined to conform with those
findings. §35-5-108 (4) .
5 . If the amount of the statement is not paid within thirty
(30 ) days of the notice as provided in paragraph (3) above,
or if the statement is not paid within thirty (30) days after
the findings and determination of a protest, as outlined in
paragraph (4) above, the County Assessor must extend the
amount upon the assessment rolls and the assessment becomes a
part of the general taxes and constitutes a lien against the
entire contiguous tract owned by such person of which the
sprayed portion is all or part thereof. The maximum amount
which may be assessed in any one year is five percent (5%) of
the assessed valuation of the property. §35-5-108 (5)
6 . If the lands are leased, the Board may send the
statement of costs to the lessee, by certified mail, or by
one publication in a newspaper having general circulation
within the County. The statement must be paid within thirty
(30) days from the date of the notice. If the amount is not
paid, it is then assessed as a lien upon any improvements
located upon the leased property and owned by the lessee. In
the event the value of said improvements is less than the
amount of the assessment, the County may recover the
difference by execution on the personal property of the
lessee that is not exempt, as provided by law. Again,
§35-5-108 , CRS , provides an odd means of protest in that a_ nv
lessee within the district who is dissatisfied with the
itemized statement of expense may file a written protest with
the Board as provided in paragraph (4) above. If the protest
is filed, the statement is due thirty (30) days after the
findings and determination thereof. §35-5-108 (6) .
Thus, the best method to obtain eradication of grasshoppers on
lands located within a district is to gain voluntary compliance by
the landowner. However, the legal enforcement procedures of
Ron Broda
June 17 , 1985
Page 3
§35-5-108 , CRS , are available in the case where voluntary control
or eradication of the grasshoppers is not forthcoming.
Bruce T. Barker
Assistant County Attorney
BTB: ss
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