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Home My WebLink About20213009.tiffRESOLUTION RE: APPROVE AMENDED BYLAWS FOR NOXIOUS WEED MANAGEMENT ADVISORY BOARD 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, on December 11, 1991, the Board adopted the Bylaws for the Undesirable Plant Management Advisory Board, and WHEREAS, on November 16, 2011, the Board adopted revised Bylaws, amending the name of the advisory Board to the Noxious Weed Management Advisory Board, and WHEREAS, the Board has been presented with revisions to said Bylaws for the Noxious Weed Management Advisory Board, and WHEREAS, after review, the Board deems it advisable to amend said Bylaws, 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 amended Bylaws for the Noxious Weed Management Advisory Board, be, and hereby are, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�j„, wi.144.44. Weld County Clerk to the Board BY: Deputy Clerk to the Board APP ED ty ttorney Date of signature: 11/4. /2( Steve oreno, hair Sco K. James, Pro-Tem EXCUSED Perry L. Buck Lori 2021-3009 EX0014 CC: BoCC(KF),CA LL), pw(3lk/vB) 11/5/2( BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Noxious Weed Management Advisory Board By -Laws DEPARTMENT: BOCC DATE: 10.18.21 PERSON REQUESTING: Karla Ford, BOCC Office Manager Brief description of the problem/issue: After having difficulty getting applicants for this board due to a current requirement that all members live in unicorporated Weld County, it was suggested to remove this this out of the by-laws , along with changing membership vacancy of moving an alternate to a voting member. County Attorney Bruce Barker recommends these changes, along with removing having the Noxious Weed Mgmt Advisory Board approving any by-law updates due to meeting only quarterly. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the updated by-laws at the next regular BOCC meeting or deny the additions. Recommendation: Approve the updates and put on the next regular BOCC meeting agenda. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro -tern Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: 2021-3009 IO/ 5 E.,XOo1Li BYLAWS NOXIOUS WEED MANAGEMENT ADVISORY BOARD ARTICLE I — Name of the Advisory Board. The Committee shall be called the Weld County Noxious Weed Management Advisory Board ("Advisory Board") in conformance with the resolution creating the Advisory Board which was adopted by the Board of County Commissioners of Weld County on August 19, 1991. The Advisory Board was appointed in compliance with C.R.S. §§ 35-5.5-101-114, et seq., the Colorado Noxious Weed Act. ARTICLE II — Functions. The functions and duties of the Advisory Board are as follows: A. The Advisory Board shall develop a recommended management plan for the integrated management of designated undesirable plants and recommended management criteria for undesirable plants within unincorporated areas of Weld County. The management plan shall be reviewed at regular intervals but not less often than once every three years by the Advisory Board. The management plan and any amendments made thereto shall be transmitted to the Board of County Commissioners of Weld County for approval, modification, or rejection. B. The Advisory Board shall designate undesirable plants which are recommended to be subject to integrated management, in addition to those designated undesirable plants listed in C.R.S. § 35-5.5.108. C. The Advisory Board shall recommend to the Board of County Commissioners of Weld County that identified landowners be required to submit an individual integrated management plan to control undesirable plants upon such person's property. D. The Advisory Board shall review any recommendation of any advisory committee appointed pursuant to Article 5, Title 35, C.R.S., and note any inconsistencies between the recommendations of the Advisory Board and any such committee. E. The Advisory Board's powers and duties shall be limited to those set forth in C.R.S. § 35- 5.5-107. ARTICLE III — Membership. A. Membership — The Advisory Board shall consist of five (5) members and two (2) alternates 1. The members and alternates of the Advisory Board must be residents of Weld County and at least the majority of the members must be landowners of over forty acres. 1 2. The members and alternates of the Advisory Board shall geographically represent Weld County. B. Appointment of members and alternates — The members and alternates of the Advisory Board shall be appointed by the Board of County Commissioners. C. Terms of members and alternates — The terms of members of the Advisory Board shall be for three (3) years, except for the initial membership which shall be appointed on a staggered term basis with actual terms ranging from one (1) to three (3) years. A "full term" shall be three years. The terms of the alternates shall be three years. D. Reappointment of members and alternates — Members may be reappointed to the Advisory Board for a second consecutive term at the discretion of the Board of County Commissioners. E. Consecutive Terms — No member or alternate shall serve for more than two consecutive full terms. F. Membership Vacancy — In the event of a vacancy among the members of the Advisory Board, the longest serving alternate can immediately assume a membership role by resolution if they chose to do so and the Board of County Commissioners of Weld County shall select a qualified resident of Weld County to fill the alternate vacancy. G. Membership Dismissal — The members and alternates of the Advisory Board shall serve without compensation and a member may be removed there from by the Board of County Commissioners of Weld County for non-performance of duty, misconduct, or demonstrable conflicts of interest at any time without hearing. H. Any member who has three (3) consecutive unexcused absences or four (4) in one year may be replaced by the Board of County Commissioners. I. Alternates shall attend meetings but will not be allowed to vote on official actions of the Advisory Board. ARTICLE IV — Officers. A. The Advisory Board shall elect from its own members a Chairman, Vice -Chairman and Secretary. Term of office shall be for one year. B. In the absence of the Chairman, the Vice -Chairman will act in that capacity. C. In the absence of the Chairman and the Vice -Chairman, a temporary Chairman will be selected by the Advisory Board. 2 ARTICLE V — Nomination and Election of Officers. A. The nomination and election of annual officers shall be held during the August meeting of each calendar year. Each nomination shall be seconded to be placed on the ballot, and elections shall be by written ballot unless there is no contest for the office. ARTICLE VI — Meetings. A. Meetings of the Advisory Board shall be held when there is business to conduct. B. Written notice of all regular meetings of the Advisory Board shall be mailed at least one week prior to the meeting date. C. Special meetings may be called when deemed necessary by the Chairman or the Weed Control Supervisor with the Pest and Weed Department, provided that at least twenty-four (24) hours notice is given to each member prior to any special meeting. Notice may be accomplished by telephone or leaving written notice at a member's residence. D. A quorum shall consist of not less than three (3) members of the Advisory Board. A quorum will be necessary at any meeting where the agenda includes: 1. Changes in Bylaws. 2. All duties as outlined in Article II of these Bylaws. 3. Election of officers. 4. Special meetings. E. Robert's Rules of Order shall prevail to the extent they are not in conflict with specific provisions of these bylaws. ARTICLE VII — Duties of Chairman. A. It shall be the responsibility of the Chairman to call all regular meetings, preside at all meetings, appoint committees when and as required, and carry out general Chairman responsibilities. ARTICLE VIII — Duties of Vice -Chairman. A. It shall be the responsibility of the Vice -Chairman to assume the duties of the Chairman in his absence. Also, he/she shall perform other duties as assigned by the Chairman. 3 ARTICLE IX — Duties of Secretary. A. It shall be the responsibility of the secretary to keep minutes of all meetings of the Advisory Board and send the minutes to the Weed Control Supervisor with the Pest and Weed Division for distribution prior to each regular meeting. Approved by Board of County Commissioners: October 25, 2021 4 BYLAWS NOXIOUS WEED MANAGEMENT ADVISORY BOARD ARTICLE I — Name of the Advisory Board. The Committee shall be called the Weld County Noxious Weed Management Advisory Board ("Advisory Board") in conformance with the resolution creating the Advisory Board which was adopted by the Board of County Commissioners of Weld County on August 19, 1991. The Advisory Board was appointed in compliance with C.R.S. §§ 35-5.5-101-114, et seq., the Colorado Noxious Weed Act. ARTICLE II — Functions. The functions and duties of the Advisory Board are as follows: A. The Advisory Board shall develop a recommended management plan for the integrated management of designated undesirable plants and recommended management criteria for undesirable plants within unincorporated areas of Weld County. The management plan shall be reviewed at regular intervals but not less often than once every three years by the Advisory Board. —The management plan and any amendments made thereto shall be transmitted to the Board of County Commissioners of Weld County for approval, modification, or rejection. B. The Advisory Board shall designate undesirable plants which are recommended to be subject to integrated management, in addition to those designated undesirable plants listed in C.R.S. § 35-5.5.108. C. The Advisory Board shall recommend to the Board of County Commissioners of Weld County that identified landowners be required to submit an individual integrated management plan to control undesirable plants upon such person's property. D. The Advisory Board shall review any recommendation of any advisory committee appointed pursuant to Article 5, Title 35, C.R.S., and note any inconsistencies between the recommendations of the Advisory Board and any such committee. E. The Advisory Board's powers and duties shall be limited to those set forth in C.R.S. § 35- 5.5-107. ARTICLE III — Membership. A. Membership — The Advisory Board shall consist of five (5) members and two (2) alternates 1 1. The members and alternates of the Advisory Board must be residents ofd Weld County and at least the majority of the members must be landowners of over forty acres. 2. The members and alternates of the Advisory Board shall geographically represent Weld County. B. Appointment of members and alternates — The members and alternates of the Advisory Board shall be appointed by the Board of County Commissioners. C. Terms of members and alternates — The terms of members of the Advisory Board shall be for three (3) years, except for the initial membership which shall be appointed on a staggered term basis with actual terms ranging from one (1) to three (3) years. A "full term" shall be three years. The terms of the alternates shall be three years. D. Reappointment of members and alternates — Members may be reappointed to the Advisory Board for a second consecutive term at the discretion of the Board of County Commissioners. F. Consecutive Terms — No member or alternate shall serve for more than two consecutive full terms. F. Membership Vacancy — In the event of a vacancy among the members of the Advisory Board, the longest serving alternate shall can immediately assume a membership role by resolution if they chose to do so and- the Board of County Commissioners of Weld County shall select a qualified resident of Weld County to fill the alternate vacancy. G. Membership Dismissal — The members and alternates of the Advisory Board shall serve without compensation and a member may be removed there from by the Board of County Commissioners of Weld County for non-performance of duty, misconduct, or demonstrable conflicts of interest at any time without hearing. H. Any member who has three (3) consecutive unexcused absences or four (-4) in one year may be replaced by the Board of County Commissioners. I. Alternates shall attend meetings, but will not be allowed to vote on official actions of the Advisory Board. ARTICLE IV - Officers. A. The Advisory Board shall elect from its own members a Chairman, Vice -Chairman and Secretary. Term of office shall be for one year. B. In the absence of the Chairman, the Vice -Chairman will act in that capacity. 2 C. In the absence of the Chairman and the Vice -Chairman, a temporary Chaiu nan will be selected by the Advisory Board. ARTICLE V — Nomination and Election of Officers. A. The nomination and election of annual officers shall be held during the August meeting of each calendar year. Each nomination shall be seconded to be placed on the ballot, and elections shall be by written ballot unless there is no contest for the office. ARTICLE VI — Meetings. A. Meetings of the Advisory Board shall be held when there is business to conduct. B. Written notice of all regular meetings of the Advisory Board shall be mailed at least one week prior to the meeting date. C. Special meetings may be called when deemed necessary by the Chairman or the Weed Control Supervisor with the Pest and Weed Department, provided that at least twenty-four (24) hours notice is given to each member prior to any special meeting. Notice may be accomplished by telephone or leaving written notice at a member's residence. D. A quorum shall consist of not less than three (3) members of the Advisory Board. A quorum will be necessary at any meeting where the agenda includes: 1. Changes in Bylaws. 2. All duties as outlined in Article II of these Bylaws. 3. Election of officers. 4. Special meetings. E. Robert's Rules of Order shall prevail to the extent they are not in conflict with specific provisions of these bylaws. ARTICLE VII — Duties of Chairman. A. It shall be the responsibility of the Chairman to call all regular meetings, preside at all meetings, appoint committees when and as required, and carry out general Chairman responsibilities. 3 ARTICLE VIII — Duties of Vice -Chairman. A. It shall be the responsibility of the Vice -Chairman to assume the duties of the Chairman in his absence. Also, he/she shall perform other duties as assigned by the Chairman. ARTICLE', IX — Duties of Secretary. A. It shall be the responsibility of the secretary to keep minutes of all meetings of the Advisory Board and send the minutes to the Weed Control Supervisor with the Pest and Weed Division for distribution prior to each regular meeting. Approvedb- -Noxious W 4 n -a Insert Date. erne Approved by Board of County Commissioners: . 4 b Does the advisory Hello