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Home My WebLink About970801.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR EFFECTIVE MANAGEMENT OF NOXIOUS WEEDS AND AUTHORIZE CHAIR TO SIGN 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 Memorandum of Understanding for effective management of noxious weeds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Wildlife, with terms and conditions being as stated in said memorandum, and WHEREAS, after review, the Board deems it advisable to approve said memorandum, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Understanding for effective management of noxious weeds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Wildlife, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of April, A.D., 1997. AP eputy Clerks►. the Board RM: ounty Attor ey EXCUSED BOARD OF COUNTY COMMISSIONERS WEL OUNTY, COJ,ORADO George?.Baxter, Chair (�„a�s,��LY�w,�c% tance L. Harbert. Pro-Tem Barbara J. Kirkmeyer W. H. Webster /DA 17) 970801 EG0036 MEMORANDUM OF UNDERSTANDING BETWEEN: COLORADO DIVISION OF WILDLIFE AND WELD COUNTY, COLORADO I. Purpose This Memorandum of Understanding (MOU) is intended to formalize the cooperative relationship between the Colorado Division of Wildlife (CDOW) and Weld County, Colorado, by and through the Board of County Commissioners of Weld County, for the effective management of noxious weeds on CDOW owned lands located in Weld County or those lands located in Weld County over which the CDOW has effective surface control pursuant to a long-term lease or easement agreement . II. Authority Colorado Noxious Weed Act , C.R.S. Sections 35-5.5-101, et. seq.. III. Definitions A. Noxious Weeds - An alien plant or parts of an alien plant that has been by ordinance declared noxious by the Board of County Commissioners of Weld County and which meets one or more of the following additional criteria: 1. It aggressively invades or is detrimental to economic crops or native plant communities; 2. It is poisonous to livestock; 3. It is a carrier of detrimental insects, diseases, or parasites; or 4. The direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems B. CDOW Lands - Lands owned by the Colorado Division of Wildlife and located in Weld County or those lands located in Weld County over which the Division of Wildlife has effective surface control pursuant to a long-term lease or easement agreement. IV. Project Management Plan A. Weld County and the Colorado Division of Wildlife mutually agree: Page 1 of 3 Pages 970801 1. To meet once a year for the purpose of preparing a management plan addressing what CDOW lands within Weld County will be treated with weed control measures during the upcoming year. The management plan shall be developed to provide for the most effective treatment of infested CDOW lands by CDOW in accordance with the requirements of Weld County Ordinance 169, as amended. Pursuant to:C.R.S. Section 35-5.5- 110(4), CDOW estimates that its annual budget for control of noxious weeds on CDOW lands located in Weld County shall be $3,500 to $5,000, as more specifically detailed in the management plan. 2. To initiate a cooperative effort to control infestations of noxious weeds on CDOW lands and on adjacent County owned lands in accordance with the management plan. B. The County shall, depending upon the time constraints and availability of Weld County personnel: 1. Assist CDOW in educating the public and supply educational materials concerning noxious weeds on CDOW lands . 2. Provide technical assistance to assist CDOW in its control of noxious weeds on CDOW lands. 3. Upon the request of CDOW, apply pesticides to manage noxious weeds on CDOW lands. C. CDOW shall: 1. Identify locations and provide maps of weed infestations on CDOW lands and secure access to these areas, if necessary. 2. Establish a contract with Weld County and/or a commercial applicator to carry out weed control measures on CDOW lands. 3. Provide payment to the Weld County and/or commercial applicators for weed control services as agreed upon. V. General Provisions A Term of Agreement: This MOU shall be in effect for one (1) year from the date of signature, and may be renewed automatically for successive one (1) year periods unless terminated by either party according to the provisions of paragraph V.E., below. Page 2 of 3 Pages 970eoi B.. Amendments: Either party may propose changes to the MOU during its term. Changes in the form of an amendment will be effective upon agreement and signature of both parties. C. Cancellation: This MOU may be canceled at any time during its term by mutual agreement between the parties, or by either party by giving the other at least 30 day notice. D. Effect on Other Agreements Between the Parties: This MOU does not affect the status of any other agreement which may now exist between the parties. E. Party Contacts: The contact for Weld County will be Ron Broda, 933 N. 11 Ave., Greeley, Colorado 80631. Telephone: (970) 356-4000, ext. 3770. The contact for the CDOW will be Tom Ostertag, Ted Brown or Jacob Frank 317 W. Prospect, Fort Collins, Colorado 80525. Telephone: (970) 484-2836. Signed this 'day of , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS eputy Clerk to t M:AWPFILESVAGREEVDOWNOX.BTB COLORADO DIVISION OF WILDLIFE OF WELD COUNTY, COLORADO Georg E. Baxter, Chairman Page 3 of 3 Pages 97oE]1 COLORADO TO: FROM: DATE: Board of County Commissioners Bruce T. Barker, Weld County Attorney April 22, 1997 RE: Colorado Department of Wildlife Memorandum of Understanding C.R.S. § 35-5.5-110(4) requires the Colorado Division of Wildlife (CDOW) to ". .. enter into agreements with local governing bodies for the control of weeds on any property the Division owns in fee title or has effective surface control over pursuant to a long term lease or easement agreement..." What this means is that the CDOW wants to be good neighbors and to control its noxious weeds just like everyone else in the County. Attached is a copy of the proposed Memorandum of Understanding (MOU) between the Colorado Division of Wildlife and Weld County for the control of noxious weeds on CDOW lands. This MOU is in a form which the CDOW is using throughout the State of Colorado. Ron Broda and I have worked with Tom Ostertag of the CDOW to modify the MOU so that it fits Weld County. The main course of action detailed in the MOU is an annual meeting between Ron's people and the CDOW people for the purpose of coining up with a weed management plan for the CDOW. There may be times when the CDOW requests help from Ron in managing some weeds. In those instances, CDOW will pay all costs incurred. The MOU does not require Ron's people to do the CDOW weed management work. Rather, it says that the CDOW and Weld County may enter into an agreement for the purpose of having Weld perform the weed eradication work, "... depending upon the time constraints and availability of Weld County personnel..." Ron and I recommend that the Board approve the MOU. Please review the MOU and let us know if the Board wishes to place the same on the agenda for approval or wishes to have a work session to discuss the same. George Baxter Dale Hall Connie Harbert Barb Kirkmeyer Bill Webster BTB/db: Mem o/BOC C/Wildlife pc: Ron Broda Clerk to the Board Place Memorandum of Understanding on Agenda for Approval euit Bruce,T: Bariser' Weed County Attorney Schedule Work Session 970801 c=cc• 5667 he ne tl h< lev . 1 (o , Bh '•t a —as I,t nil' nottiia v .. 1. 1. hr' ;l,?t. 1:1,t ,me. l the noun n ar a -.t r tan acceptable plan and schedule :or he c m ier. ',te a, for •.ompliane.. I:I7 He, vest. =,i a nn it m panel to det r. nt the t r management plan. (bl The arbitration pant selected by the local governing body shall be comprised of a weed management specialist or weed scientist, a landowner of similar land in the same county, and a third panel member chosen by agreement of the first two panel members. The state board, department, =,r agency shall he entitled to challenge any one member of the panel, and the local governing body shalt name a new panel member from the same category. The decision of the arbitration panel shall be final. (3) In the event the state board, department, or agency fails to comply with the notice to manage the identified noxious weeds or implement the plan developed by the arbitration panel, the local governing body in whose jurisdiction the infestation is located may enter upon such lands and undertake the management of such noxious weeds or cause the same to be done, the expense thereof to be a proper charge against said state board, department, or agency which has jurisdiction over the lands. An agreement for payment shall be reached within two weeks after the date such an expense is submitted, with respect to the amount of reimbursement to be paid. Such agreement shall be in writing. If no agreement has been reached, and if the charge is not immediately paid, such charge shall be submitted to the controller, who shall treat such amount as an encumbrance on the budget of the state board, department, or agency involved, or such charge may be recovered in any court with jurisdiction over such lands. Any state board, department, or agency may enter into a contract with the local governing body to authorize the management of noxious weeds on state -administered land on terms and conditions satisfactory to both parties. (4) In addition to the requirements of subsection (3) of this section, the division shall enter into agreements with local governing bodies for the control of weeds on any property the division owns in fee title or has effective surface control over pursuant to a long-term lease or easement agreement. For purposes of this subsection (4) and subsection (5) of this section, "long-term lease or easement agreement" means any lease or easement agreement that exceeds ten years. Agreements between the division and local governing bodies for weed control shall describe the terms and conditions of weed control, provide an annual estimated budget for such weed control, and identify specific weed control responsibilities for the division and the property owner, if different than the division. Weed control agreements required pursuant to this subsection (4) shall be executed on or before July 1, 1997. (5) Any weed control expense incurred by a local governing body pursuant to subsection (3) of this section on any lands held by the division in fee title or by long-term lease or easement 1, department, or agency in needs on the premises 4ir lands. ,hich at no time shall exceed of the fo➢owigq- 214 intent n•..ca Adue,_ n Lave= yF. NLy 71 "- rt2 di ; , br....,. :Agency eas?re' _s aI}r:c''1 �,vzth .1-s art.. i appropriate lonu z ._•iirIg -Addeo 61 Law-. !ft., t S Ml .. eft May:'.'l. 191,1 3i 5.: lld. i'ubiic ntl All noxious Im, d.e, .,t en.; and things infested nr -xpc nuisance by the .()cal gover noxious weeds ane situated. remedies relating to the pre in a summary manner or oth -with reference to such nuisai 'section shall be in addition to 'Added by Laws 1990, H.A elf. May 23, 1996. t§ 35-5.5-114. Review of Text of sectum effectit dum petition, unless re, Notes following ¢ I; On or before January 1, 19 'significant amounts of feders the federal government with of such study to the general s ;Added by Laws 1990, H.B.90-111 For text of seetum el referendum petition, un the Historical and Stata Text of section effectit dum petition, unless rei Notes, post. Hello