March 20, 2024 Minutes

Noxious Weed Management Advisory Board Meeting Minutes

March 20, 2024

The meeting was called to order at 7:02 pm. Board members present included: Daryl Wiest, Chuck Birkemeyer, Cami Bailey, Jason Brent, and Gillian Smith. Jean Mark was also present. Board members Ron Broda and James Johnson, along with Public Works Director Curtis Hall, Deputy Director Duane Naibauer, and County Commissioner Mike Freeman were absent.

Tina indicated that elections needed to be added to the agenda under new business.

Chuck moved and Daryl seconded the acceptance of the minutes.

 

Old Business

1. Advisory Board Members – All positions filled! Ron and James terms end in August. Tina will reach out to them and ask if they want to serve one more 3-year term and then they would be term limited.

2. Grant Projects Update –

                        ReStORE – Extended through October 2024. Since 2022 we have positively impacted 16,821 acres. We have $32,373 left to cost-share on aerial applications, along with $47,568 for ground treatments. We have been working with the West Greeley Conservation District (WGCD) to carry out the seeding. Sadly, it hasn’t gone as well as it should have. It appears that we have only seeded about 75 acres. 125 acres to go. We have the landowners lined up for the work, just WGCD hasn’t made it to the properties. Then we still have 3 boot-brush stations to install yet this year. Might end up only being 2 for safety and trying to limit destruction/target practice.

                        Make America Beautiful – Grant funding through the Colorado Department of Ag looks like it has come through. This will be another $80,000 to spend on the ReStORE project area through 2026. Tina has decided to use the funds in 2025 and 2026 so that there isn’t any confusion /auditing issues with the current ReStORE project. No seeding in this project; only chemical control.

                        2023 Department of Ag Grant – Carrying over the funds for the Hairy Willow Herb treatments through the end of May. The carry over is $12,000. Unfortunately, control is best achieved in July. Hopefully we can encourage landowners to purchase herbicides this spring

                        No new grant applications were applied for in 2024. Tina will consider a grant application to the Department of Ag for 2025 – possibly for an intern project.

3. 2024 Legislative Session Update –

The pesticide pre-emption bill (HB 24-1178) was in appropriations committee on March 15 and passed on a party line vote, 7-4.  The second reading was on March 19 in the House where it was “Laid over daily” with no amendments. (“Laid on the table/Laid over” refers to the action of temporarily postponing consideration of a motion or bill. This is typically done when the legislative body determines that it is not ready or able to properly consider the matter at the current time.). Tina did not testify when it was in committee. It was assigned to the Energy & Environment Committee that the bill sponsors serve on. However, Tina has emailed messages and “please vote no” to the legislatures trying to help behind the scenes. Daryl and Jason indicated that they have also emailed the legislatures from the forwarded email. A copy of the fiscal note details was provided.

Tina read the following statement to show how this bill has a much greater impact on the State than what the environmental groups are considering: “Ultimately, local governments regulating anything beyond the “what and where of pesticide use” sets off State Certification Plan implications. EPA will only delegate enforcement of the “use” (i.e. enforcing label provisions, taking enforcement action) to one State Lead Agency. If the state delegates that responsibility down further, it sets off EPA State Certification Plan changes. So ultimately, a local government must submit their plan to regulate pesticides (have the personnel, expertise, show laws are in place to conduct that activity, be able to inspect, investigate, sample, pay for it all on their own dime), which CDA would need to incorporate into their plan and get EPA approval. Failure to have EPA approve could result in the state losing primacy.” Tina concluded with saying that then we could lose control at the state and EPA would govern every application made. A lively discussion followed on all the ramifications, including the confusion it would cause for landowners and applicators as to what laws to follow and where. It is believed that this is another sign of government overreaching its boundary by dictating what private citizens can and cannot do on their own property. The sad piece, even if we get this to fail this year, a similar bill will be carried next year and every year afterwards until they get it pushed through.

According to PPAN’s newsletter (People & Pollinators Action Network): “Colorado’s Native Pollinating Insects Health Study has set the stage for a new bill. The new bill is titled Invertebrates & Rare Plants Parks & Wildlife Commission bill (HB24-1117). This proposal adds rare plants and invertebrates to the species that may be studied and conserved under Colorado Parks and Wildlife (CPW) agency. While PPAN’s work with the Department of Natural Resources to create a comprehensive pollinator policy (2018) for state lands was a step in the right direction, HB24-1117 mandates the inclusion of all invertebrates – including, yes, pollinating insects – in state conservation statutes. This means that butterflies, bees, and beetles are now formally considered wildlife in Colorado. Imperiled or potentially imperiled plants are also added to these statutes. If the bill passes, CPW will be required to appropriate funds to study and conserve invertebrates, as well as rare plants.”

The bill was introduced on January 26. It was engrossed on March 8 and re-engrossed on March 11 (with all of the changes included). It passed out of the House. It was heard on March 18 in the Senate and assigned to the Ag and Natural Resources committee. There hasn’t been any new movement on the bill since this date. The proposed fiscal note with this bill is $948,000 to $1 million for the next two fiscal years (24/25 and 25/26). They are asking for five to six FTE’s to carry out the work. A copy of the fiscal note details was provided. Discussion revolved around the high fiscal note and that it might kill the bill.

Tina indicated that she would keep the board in the loop as she hears outcomes on these bills.

4. Pollinator Study Update –

DNR released their study on pollinators on January 2 – the Colorado Native Pollinating Insects Health Study. The document is a lengthy 306 pages. The discussion on pesticides is littered throughout the report and specific mentions on pages, 68, 102, 134, and 203.  Also, policy and program recommendations for CDA are found on page 189 - including registering honeybee hives, collaborating with local governments on how to manage hobby beehives, and participation for commercial applicators training, among others. A copy of the table of contents was provided. 

 

New Business

  1.  2024 Program

          Events

    January 23-25             Colorado Farm Show – 100 participants at the booth

    January 24                   Weed presentations at the Farm Show – 60 participants

    March 12                     City of Evans Weed ID presentation – 10 participants

    April 24                       Hylio demo for CSU applicator training course

    May 1                          Children’s Water Festival – North

    May                             City of Evans Hands-on portion

    July 24                        Weld County Fair – Creative Weeds

    August 5-16                Purple Loosestrife 

    August 9                      WGCD Annual BBQ

    October 11                  Children’s Water Festival – South

     

    Facebook Posts and Other Outreach

    Facebook and Twitter: 35 posts from March 25 – Nov. 18, once a week. 15 on Public Works Operations; 20 on plants, currently.

    Spraying

    New full-time staff member: Kevin Gallagher; Returning seasonal staff: Lee Zamora.

    Staff for PNG work: Ron Brecheisen

    Special Spray Projects.          

    CDOT – Hwy 85 north of Nunn, Hwy 392, and a small portion of Business Hwy 34

    Towns – Fort Lupton

    Landowner Specialists

    Kathy Griffee – full time, year-round. Working on the ReStORE pieces. Changing the layout of handouts.

    Possibly returning staff: Kent Lynch and Ron Berig. Starting April 22.

    Mower Staff

    Working to fill mower position. Targeted start date is May 20th. Might have 1 retired Grader Operator.

    When asked about positions and staff, Tina explained that the Weed Division mows, sprays and “yells at people”. There are three staff positions in each section, typically. For Spraying the Foremen would usually do handgun work with 1 full time employee in a roadside truck and 2 seasonal staff in roadside trucks. The division is down 1 position so the Foreman is in a roadside truck. There is 1 full time employee working as a landowner specialist and 2 seasonal staff seeking landowner compliance and education. Then 3 seasonal mower operators.  It was asked if the division doesn’t fill the mower positions if we would look at contracting out roadside mowing. Tina indicated that it hasn’t been discussed, but probably not. Usually, we can fill at least 2 of the 3 mower positions.  

    Special Projects

    Geisert trail, Grader Testing area, North of Fuel Island, East Davis Stockpile Site, LNG area, CR 38 Comm Tower, Bridge 91/38A; Stoneham pond, and Fiscus Pit (Sorghum in May, grass in December/January): In process of monitoring for weeds, grass establishment and seeding as needed.

    Cost Share Funds available

    Weld County: $ 10,000.00                     

    50% up to $400

    West Greeley CD: $19,837.30                       

     50% up to $600

    ReStORE: $92,500.24

    80% up to $850 or $2800

    Hairy Willowherb Eradication: $12,500

    85% up to $750

    It was asked what Hairy Willowherb and Teasel looked like. Tina and Jean gave some basic identification characteristics and indicated that there were extra packets from the City of Evans meeting with the updated handout format including pictures of these species if the board wanted a packet. All seemed excited to receive the information. Tina also indicated that they would have the opportunity to see the plants in person at the July meeting.

    It was asked why we didn’t get more money from the Commissioners in our cost-share budget compared to what WGCD provides. Tina indicated that the County money is provided every year. WGCD funds are provided on a rolling basis. So, these funds might last two to three years before more would be requested.

    Drone (UAS) piece is moving forward. Public Works has 6 newer units (2 last year 4 this year). Planning on 1 more next year. Then rotate through the 7 units as the years progress. The original 2 Anafi’s are saved for emergency needs over the next couple of year. UAS’s are used for documenting projects within Public Works, helping inspect our communication towers, working to see if we can use the data to help off-set some of the minor surveying needs. Of the existing units 3 have regular cameras; 1 has a multispectral camera and 2 have thermal cameras. 1 unit has a weather rating. 8 Public Works employees are involved in this special unit with representation from each division within Public Works. 6 of us are licensed.

    The Weed Division has 1 spraying drone, a Hylio, arrived the end of October. Learning the unit and software while getting a truck set-up to support the operations. 3 of us are involved in this piece. Working toward our aerial category on our spray licenses. 1 has passed the test. 2 are in the process. We will have our part 137 certificate shortly. Every 2 years this will need to be re-applied for along with Regulatory Docket No. FAA-2023-1249 (for making agricultural aerial applications from units weighing less than 55 pounds). Daryl asked how this was impacting the Weed Division budget and work. Tina indicated that they are working through some of the logistics and determining where it can be used effectively. Definitely planning on using it at Coal Bank Dam area to address the draws, spot treatments at the rail-site and other gravel pits, stock piles, large purple loosestrife sites, and bare-ground.

  2. Hylio spray demonstration dates are April 24th about 1 pm – East Davis – water only this will be in conjunction with CSU class; May 10th Scotch thistle rosettes at Coal Bank Dam area (CR 88/25); and July 19th weed tour will be a few more treatments (purple loosestrife/hairy willow herb – walk through/treat; looking for other sites. Chuck offered the draws at Lazy D Grazing Association. 

  3. Elections for president and vice-president was held.  Cami moved and Chuck seconded to retain Daryl Wiest as the President. Motion passed. Cami moved and Chuck seconded to have Ron Broda serve as the vice-president. Motion passed.

  4. Advisory Board Questions – None specifically.

  5. Announcements: Next meeting: Friday, July 19 at 9:00 am: tour, lunch, meeting. 

  6. Meeting adjourned at 8:10 pm with a motion from Cami and a second by Gillian. Motion passed. 

     

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