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HomeMy WebLinkAbout930208.tiff RESOLUTION RE: APPROVE REQUEST FROM UNDESIRABLE PLANT MANAGEMENT ADVISORY BOARD TO REQUIRE MANAGEMENT PLANS FROM CERTAIN LANDOWNERS 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 Board has been presented with a request from the Undesirable Plant Management Advisory Board to require that certain landowners be required to submit integrated weed management plans, and WHEREAS, the criteria, pursuant to Section 35-5.5-107(4) (c) , CRS, for determining whether or not each landowner is required to submit a management plan is as stated in Exhibit A, a copy being attached hereto and incorporated herein by this reference, and WHEREAS, after study and review, the Board deems it advisable to approve said request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request from the Undesirable Plant Management Advisory Board to require that certain landowners be required to submit integrated weed management plans be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of March, A.D. , 1993. III /( BOARD OF COUNTY COMMISSIONERS ATTESTAil/0/ WELD�COUNTY, COLORADO Weld County Clerk to the Board Constance LL.l ll. Harbert, C airman BY: 77/a///1_ 4 f Lk La Deputy Clerk to the Board W. . Webster, Pro-Tem APPROVED A TO'\FORM: eorg E. Baxter County Attorney Dale K. Hall darb d e- ara J. Kirkmeye 00 930208 r V >> EXHIBIT A *It mEmORAnDU IlkTo Board of County CommissiorAs February 24, 1993 COLORADO From Bruce T. Barker, Assistant Weld County Attorney Request for Undesirable Plant Management Plans subject. The Undesirable Plant Management Advisory Board has submitted a letter dated January 29 , 1993, to the Board of County Commissioners of Weld County, Colorado, requesting that certain land owners be required to submit integrated weed management plans . Pursuant to Section 35-5 .5-107 (4) (c) , C.R. S . , the Advisory Board has the authority to request that the Board of County Commissioners require the land owners to submit such plans . A copy of that section is attached. The criteria for determining whether or not each landowner is required to submit a management plan is as follows : One of the following criteria must occur: 1 . The landowner must be continually negligent; and/or 2 . There must have been multiple complaints regarding the property; and/or 3 . Twenty percent of the property or greater is infested; and/or 4 . Noxious weeds are located along the water ways of the property. I suggest that the Board of County Commissioners consider each one of the landowners with regards to these four criteria. If one of the criteria applies, then the landowners should be asked to submit an integrated weed management plan for the property on the form which is attached to the Advisory Boards letter. IC V __ Bruce T. Barker Assistant Weld County Attorney BTB/db pc : Rori Broda 930208 _CV ADf4- � § $�-�.5--107 AGRICIII.TURE AGffiCULTURE § 35-�5.5-107. Advisory commissione—formation—duties § 3:r-o,;-109. Private land: (1) The governing body of each county and municipality shall appoint an u�desirable (1) The ]ocal governing body, plant management advisory commission. The local goveming body, at iG sole option, � the right to enter upon any pre� may appoint itself, or a commission of landowners, to act as the undes�rable plant I reasonable business hours for management advisory commission for thac jurisdiction. The members of the commission iafestations, when at ]east one � shall be residents of the unincorporated portion of the county or residents of the �a1 'Che ]andowner or occapan� municinality, as the ca&e may be, and in the case of a county, at least a majoriiy of the � � members of the advisory commission shaIl be landowners of over forcy zcres. � (b) A neighboring landowner o (2) In the ecent thzt a eounty or municipelity elecis to cooper�ata with another county o�' reoucsted an inspection; or municipalitc Por any of the purposes set forth in this artic!e the mcm�?ershm oY the l�� ��o ��ithurized agent of Che 3tivisorc commission �hall be detertruned 6�a the governmg bod�es cf s�ch co<< r� i :,' p�Llu. riy;hboi way or area a��d } local governments. ('?)(a) 5o entry upon any pre (3) The adaisorp commission shall annuall,: cicct a chairman and secretarc. _� m2jorit_,- la�downer or occupant has been of the members of the commissio� shall constiiute a uorum for the conducc of basiness. mspectio� is pending. Where po� Q Yhe concurrence of the ]andowne: (4) The advisory commission shaIl have the iollowing powers and duties: (b� If after receiving notice th� (a) Lioon appointment, the advisory commission shal] develop a recomm?nded m2n2g�� � denies acce,s to the inspector of ment plan °or the integrated management of designated undesirable plznts ana recom- m€oeccion k�arra�t issued bv a m¢ mcnr c c . F .. er t ra for u iaes� ��ole � i.nt w�ihm �E ��'z ���r .� c io�:-. _. ,.. Ti�e court shall issue a�� _, ,���:�;. .e�.nme..ts appofnc�ug u:e co,nn;5sfoii_ T�� ��.an�� ❑�..n� �l, iail :,� go � �.in�* body, through its agen. ree e�- .i a� r ,;u.cr intier�°als �but not �vss often then once even tti* _ c e.r o�� t�-e� '�� .� k:�es the mspector reasonaf comm�ssion. 'Pne manageme�t plan and sny amendments made the_eto .h::P:�t�_ -_�.n�tr�� h-• .�; or has been violated; that ted to the loczl governing body for approval, modification, or rejec�ion. inspec�or; and a general descripti; or occuoanr shall den access to e (b) The aa-'-o c commis'sion ahzll de��gnate �ndesirable pl+nts �:hictii ire r .m�� nend 1 Y to be sun;Ec u ir.Leg C�d mer,�gemer.`, ;n addicion w t5os� p'.�n.� �`-�-:. aecu�n (�) TFe lucal governing body o- prn�te lands upo� which undesir� 35—�.�108. directl� or i�direct;y through its � (c) The advisory' commission shall recommend to the loeal �oce:�ni�a bod�: tn�a� identi- Sucn 13nds, advising the landowne fied lando�aners be required to submit zn indicid¢al integrated managec;�nt plan ti:�, jaid notice shall name the undesirz control undesirzble plants upon such persons' property. the uedesirable plants, and speci: (o) The locel governi��g oody shall h2ve the sole ana final authoricy te spprove. moriii�. man2nement, including bat not lim or reject the mznagement plan, management criteria, mana�ement practice, z^.�i sny otk�e: mechar,ical control, or cultural con decision or recommendation of tne advisory commission. consult with the affected landownr � plan for the control of the weeds o (6) The advisory commission shall review any recommendaYions oi any ad�,iso�-�; com- �.��s� ��-�thin a reasonable time : mittee apneint�d pursuant to article 5 of this iitle and note a�y inconsistencies between eseaed ten da�s, the landowner er � the recommendz±ior.s of the commission and any� such cemmittee. 3dded ht� L:�:�,��s 1900, H.B.9f�1175, y 1, eff. Jul_.- I, 1390. (ii Comn7; with the terms oi the - llI) Ackno�cledge the terms of t schedute for the completion of the 7 § 3o-5.:r103. Designated undesirable plants (IIiI Request an arbitratio� panel (1) The general assembly hereby finds and declares that the undesirable plants desig- (b) 1'he arbiiration anel selected nated in this section are a present threat to the ewnomic and environmental value of the P lands of the state of Colorado and declare it to be a matter of statewide concern that the �'eed management specialist or wee governing bodies of counties and municipalities include piaos to manage these undesirabl� county, and a third pane] member cP plants and weeds as oart of their duties nursuant to this article. The landowner or occupant shall be and Lhe local governi�g body shall r_ (2) 'The iollowing plant species are designated as undesirab7e piants which must ne The decision of the arbitration panel managed under the provisions of this article: The plant commonly known as leafy spurgs. ����a) In the event the landowner o also known by Ehe scientific name Euphorbia esula; and the knapweed plants commonly' � the identified undesirable plants or � known as diffuse, Russian, and spotted knapweeds, also known by the scientific names oi panel, �he local governing body has t Centaurea diffusa, Centaurea repens, and Centaurea maculosa. ��-of such plants at such time, upon suc (3) The board of county commissioners or governir.g body of a municipality may � .body shall prescribe by ordinance.or designate additional undesirable plants, for purposes of this article,�within its respective including up to fifteen percent for i jurisdictional boundaries after a public hearing with thirty days prior notice to the public. therewith, upon the lot or tract of]ar �. ��'that no local governing body shall ]e Added by Laws 1990, A.B.9a1175, § 1, eff. July�l, 1990. � � � � "�Yublic ri ht of wa '�Such assessment 86 '.`�`P g Y� �x�` 93U2�8 . 1; a a j WELD COUNTY PEST AND WEED DEPARTMENT 425 AN RN AVENUE EXHIBITION BUILDING, ISLAND GROVE PARK GREEL.EY, COLORADO 80631 PHONE NUMBER(303)356-4000, EXT. 4465 C. COLORADO TO: Board of Weld County Commissioners FROM: Ron Broda, Vegetation Management Specialist DATE: February 25, 1993 RE: Additional Information on Landowner Weed Management Plan Request The Undesirable Plant Management Advisory Board requested approval from the county commissioners to seek weed management plans from specific landowners throughout the county. The following information more specifically identifies the criteria used for seeking weed management plans from the individual landowners. Criteria: 1) Continually negligent landowner - CNL 2) Multiple complaint property - MCP 3) Size of infestation - 20% or greater - >20% 4) Noxious weed along waterways - Waterway Ed Bauer - Waterway Laurn Beeler - CNL, MCP Robert Brown - Waterway C & M Ready Mix - Waterway, >20%, CNL Phillip Camenisch - Waterway, CNL Tammy Sue Camenisch - Waterway, CNL Albert Challenger - Waterway, CNL (enforced on) Harold Craven - Waterway, CNL, >20% Chester Creswell - Waterway, CNL, >20% Dos Rios, Inc. - CNL, >20% Lee House - Waterway, CNL (enforced on) Ben Houston - CNL, MCP Pauline Jurgens - Waterway, CNL Eugene Kanmerzell - Waterway Charles & Gwene LaVoie- CNL Lloyd Libsack - CNL (enforced on) , >20% Carrie Lucero - Waterway, CNL Karl Nigg - Waterway, CNL Ed Perry - Waterway, CNL, >20% Public Service Co. - Waterway, CNL Marilyn Robinson & John Rhoads - CNL (enforced on) , MCP, >20% 930208 Weld County Commissioners Page 2 Emanual Rothe - CNL (enforced on) , >20% Myrna Kay Slabaszewski - Waterway, CNL, >20% Thomas Strizki - CNL, >20% St Vrain LTD - CNL (enforced on) , MCP Allan Thompson - CNL (slough) Wass Investment - CNL (enforced on) , >20% West Greeley Farms - CNL, >20% Phil Yastrow - CNL, >20% Highland Lake - Waterway, CNL Gary Booth - Waterway, >20% Richard Carlson - CNL, >20% Freda Lee Dreiling - CNL (enforced on) , >20% Kodak Ehrlich I, Inc. (Golf Course) - Waterway, >20% Richard Hein - CNL (enforced on) , >20% Tom & Alice Holton - Waterway, CNL, >20% Leland House - CNL Jacob & Ellen Kerbs - CNL (enforced on) , >20% Elton Miller - Waterway, CNL, >20% Wilbur Miller - CNL Gale Moody - CNL, >20% Adolph Piz - Waterway, CNL (enforced on) Union Reservoir (City of Longmont) - Waterway, >20% Kenneth Whiting - Waterway, >20% Burlington Northern RR - CNL (enforced on) Union Pacific RR - have to push every year Great Western RR - have to push every year Eaton Ditch - Waterway Water Supply & Storage - Waterway New Cashe LaPoudre - Waterway Whitney Ditch - Waterway Union Ditch - Waterway Highland Ditch - Waterway Greeley Ditch #3 - Waterway Farmers Reservoir & Irrig. Co. - Waterway Greeley-Loveland - Waterway Consolidated Ditches Co. - Waterway t, ,,,,,, WELD COUNTY PEST AND WEED DEPARTMENT 425 NORTH 15TH AVENUE EXHIBITION BUILDING, ISLAND GROVE PARK GREELEY,V, COLORADO ORRADODO 80631 11 I I PHONE NUMBER(303)356-4000, Err. 4465 k COLORADO January 29, 1993 Dear Weld County Commissioners: The Undesirable Plant Management Advisory Board would like to request landowner management plans from the landowners listed below. According to CRS 35-5.5- 107(4c) , the advisory board must submit to the county commissioners, for their approval, the landowners they wish to seek integrated weed management plans from. This board has established criteria for requesting weed management plans from landowners. At least one if not two of the following criteria must occur before we will seek management plans from a landowner. 1) Continually negligent landowner; 2) Multiple complaint property; 3) Size of infestation - 20% of property or greater; 4) Noxious weed along waterways. We may also seek weed management plans from other landowners later in the season. The landowners we wish to request integrated weed management plans from are: Ed Bauer T6N R66W Sec 34 Wl/2SE1/4NW1/4 #080534000071 Laurn Beeler T4N R67W Sec 22 PT. NE1/4 #105922000034 Robert Brown T6N R66W Sec 34 PT. NE1/4NE1/4 #080534000067 C & M Ready Mix T1N R66W Sec 30 E1/2W1/2 #147130000093 Phillip Camenisch T5N R66W Sec 33 Sl/25W1/4 #095933000007 Tammy Sue Camenisch T5N R66W Sec 34 #095934300001 T5N R66W Sec 34 #095934300005 Albert Challenger T5N R67W Sec 29 NW1/4E1/2W1/2 #095729000017 Harold Craven T4N R65W Sec 8 SE1/4 #105508000016 Chester Creswell T4N R68W Sec 22 W1/2N1/4NW1/4 #106122000015 Dos Rios, Inc. T5N R66W Sec 33 N1/2SE1/4 #095934000022 T5N R66W Sec 34 NW1/4SE1/4 #095934000025 #095934000026 Robert, Reuben & Ron Ehrlich T4N R67W Sec 15 SE1/4 #105915000032 Ronald & Robert Ehrlich T4N R67W Sec 22 SE1/4 #105922000011 Gary Herman T3N R66W Sec 22 , • 0—C-1FL 930208 Weld County Commissioners Page 2 Lee House T6N R67W Sec 19 W1/2 #080719000017 Ben Houston T3N R67W Sec 16 NE1/4NW1/4 #120916000001 Pauline Jurgens T5N R64W Sec 8 #096308000022 #096308000023 #096308000024 Eugene Kammerzell T4N R66W Sec 7 SE1/4 #105707600044 Charles & Gwene T3N R68W Sec 10 S1/2S1/2NW1/4 #120710000051 LaVoie Lloyd Libsack T4N R65W Sec 27 SE1/4 #105527000012 Carrie Lucero T6N R66W Sec 34 #085340000068 #085340000069 Karl Nigg T5N R65W Sec 13 PT. W1/2NW1/4 #096113000052 Ed Perry T1N R67W Sec 25 NE1/4 #146925100003 Public Service Co. T3N R67W Sec 2 W1/2SW1/4 #120902000003 #120902000009 #120902000076 Marilyn Robinson & T2N R64W Sec 33 N1/2NE1/4 #130533000009 John Rhoads Emanual Rothe T5N R66W Sec 6 N1/2W1/2 #095906000067 T1N R67W Sec 12 #146912000014 Myrna Kay #146912000015 Slabaszewski Thomas Strizki T4N R68W Sec 31 N1/2SW1/4 #106131000070 St Vrain LTD T2N R68W Sec 9 E1/2SE1/4 #131309000069 #131309000071 #131309000002 Allan Thompson T5N R66W Sec 18 E1/2NE1/4 #095918000056 Wass Investment T5N R66W Sec 25 E1/2 #095925000043 West Greeley Farms T5N R67W Sec 1 N1/2E1/2E1/2 #095701000046 Phil Yastrow T6N R67W Sec 29 NE1/4NW1/4, #080729000049 NW1/4NE1/4 Highland Lake - L. Litzenberger T3N R68W Sec 5 Gary Booth T4N R68W Sec 36 N1/2SE1/4 #106136000041, #106136000042, #106136000044 Richard Carlson T1N R65W Sec 15 W1/2NE1/4 #147315000031 Freda Lee Dreiling T1N R67W Sec 1 W1/2SE1/4 #146901000021 Kodak T6N R66W Sec 26, 27, 34, 35 Ehrlich I, Inc. (Golf Course) T5N R67W Sec 34 SE1/4 #095734000037 #095734000038 #095734000039 #095734000040 #095734000041 #095734000044 #095734000045 #095734000046 #095734000047 930208 Weld County Commissioners Page 3 Richard Hein T1N R64W Sec 13 SW1/4 #147513000027 Tom & Alice Holton T1N R66W Sec 6 SW1/4 #147106000005 T1N R66W Sec 7 NW1/4 41147107100033 Leland House T6N R67W Sec 19 PT. W1/2 #080719000017 T6N R67W Sec 22 PT. SE1/4 #080722000048 T6N R67W Sec 22 NW 1/4 #080722000050 K & M Company T7N R67W Sec 7 SE1/4 #070507000038 #070507000039 T7N R67W Sec 10 SE1/4 #070510000010 #070510000011 #070510000038 Jacob & Ellen Kerbs T3N R68W Sec 13 NE1/4 #120713000085 Elton Miller T2N R67W Sec 12 E1/2NE1/4 #131120000021 Wilbur Miller T7N R67W Sec 15 W1/2SE1/4, #070515000017 SE1/4SE1/4 #070515000044 #070515000047 T7N R67W Sec 18 SE1/4 #070818000041 Gale Moody T7N R64W Sec 23 #071123000004 41071123000005 T7N R64W Sec 25 #071125000014 #071125000015 T7N R65W Sec 2 #070902000001 T8N R65W Sec 35 #055135000004 #055135000006 Adolph Piz T3N R67W Sec 23 S1/2SE1/4 #120923000030 Union Reservoir (City of Longmont) T3N R68W Sec 30 #120730000019 T3N R68W Sec 31 #120731000027 T3N R68W Sec 32 #120732000029 Kenneth Whiting T6N R67W Sec 30 NE1/4 #080730000017 T6N R67W Sec 29 #080729000016 Burlington Northern RR Union Pacific RR Great Western RR Eaton Ditch Water Supply & Storage New Cashe LaPoudre Whitney Ditch Union Ditch Highland Ditch Greeley Ditch #3 Farmers Reservoir & Irrig. Co. Greeley-Loveland Consolidated Ditches Co. We would like to send the request for management plans out by February. 26, so we would appreciate a response from the county commissioners before our next Weld County Commissioners 930208 Weld County Commissioners Page 4 board meeting, which is February 18. If you have questions about our request, we would be glad to meet with you. Thank you for your consideration of our request. Sincerely Undesirable Plant Management Advisory Board vid Bates 0 Janice Dersham tatso n elseLs Willi Ericsson Richard Foose Bill Nygren IPCW-0 261-4•4-44-12"11 Paul Henneck Louis Klein Bruce Stradle 930208 t443:his\\ WELD COUNTY PEST AND WEED DEPARTMENT 425 NORTN 15rm AVENUE EXHIBITION BUILDING. ISLAND GROVE PARK GREELEY,COLORADO 80631 ' PHONE NUMBER(303)356-4000, EXT. 4465 O • COLORADO February 1993 Dear Landowner: I am writing to seek your cooperation in establishing a weed management plan on a parcel of land that you own. Enclosed you will find a one page landowner weed management plan in which part of the plan has been filled out by my office. You will also find a computer generated map of the parcel of land owned by you and the noxious weed infestation identified on your property. What we are requesting is that you fill out questions 3, 4, and 6 on the landowner weed management plan form and send it back to the Pest and Weed Department office by May 1, 1993. I've enclosed additional resource material for your use and a sample landowner management plan that would give you an idea of the information we are looking for in a plan. ® I am requesting this weed management plan under direction of the Colorado Weed Management Act, CRS 35-5.5-107(4c) . The Pest and Weed Department is seeking cooperation from numerous landowners across the county based upon criteria established by the Weld County Undesirable Plant Management Advisory Board. The criteria established for requesting weed management plans from landowners is as follows: 1) Lands along waterways; 2) Size of infestation (20% of property or greater) 3) Continually negligent landowner; 4) Multiple complaints on property Weed management plans are only being requested from landowners where 2 or more criteria are met. I would like to offer you my assistance in developing a weed management plan on your property. I am willing to meet you at your property , look at the area, and discuss the various options you would have or we could just discuss it over the phone. However I may be of assistance to you, please do not hesitate 4to ask. Thank you for your understanding and cooperation in our request. Again, if I may be of assistance, please call at 356-4000, ext. 4483. Sincerely, f Ronald J. Broda • Weld County Vegetation Management Specialist Enclosure 930208 LANDOWNER MANAGEMENT PLAN .. 1. Name Address 2. Legal Description Parcel It 3. Brief description of land and current use 4. Future land use 5. Description of weed infestation a) Weed species; acre infested and percent cover in area b) Description of land where infestation is located 6. Management Plan a) Techniques used to keep noxious weed from going to seed and reduce infestation. b) Timetable for implementation. c) Anticipated length of implementation (years) . 930208 • • February 1993 Dear Landowner: I am writing to seek your cooperation in establishing a weed management plan on a parcel of land that you own. Enclosed you will find a one page landowner weed management plan in which part of the plan has been filled out by my office. What we are requesting is that you fill out questions 3, 4, and 6 on the landowner weed management plan form and send it back to the Pest and Weed Department office by May 1, 1993. I've enclosed additional resource material for your use and a sample landowner management plan that would give you an idea of the information we are looking for in a plan. I am requesting this weed management plan under direction of the Colorado Weed • Management Act, CRS 35-5.5-107(4c) . The Pest and Weed Department is seeking cooperation from numerous landowners across the county based upon criteria established by the Weld County Undesirable Plant Management Advisory Board. The criteria established for requesting weed management plans from landowners is as follows: 1) Lands along waterways; 2) Size of infestation (20% of property or greater) 3) Continually negligent landowner; 4) Multiple complaints on property Weed management plans are only being requested from landowners where 2 or more criteria are met. I would like to offer you my assistance in developing a weed management plan on your property. I am willing to meet you at your property , look at the area, and discuss the various options you would have or we could just discuss it over the phone. However I may be of assistance to you, please do not hesitate to ask. Thank you for your understanding and cooperation in our request. Again, if I may be of assistance, please call at 356-4000, ext. 4483. Sincerely, Ronald J. Broda Weld County Vegetation Management Specialist • Enclosures • ,.. . 930208 Hello