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HomeMy WebLinkAboutbocc.res.155.2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD ON NOVEMBER 5,2002,A FINANCIAL QUESTION ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION AND ARTICLE IX OF THE COUNTY'S HOME RULE CHARTER Resolution No. /SS-2002 RECITALS 1. The County of Pitldn in the State of Colorado (the "County" and the "State,"respectively) is a duly created political subdivision of the State, organized and operating as a home rule county pursuant to the general statutes of the State and a county home rule charter (the "Charter") adopted pursuant to the Colorado County Home Rule Powers Act. 2. The members of the Board of County Commissioners of the County (the `Board") have been duly elected,chosen and qualified. 3. The Board has a tax proposal that requires voter approval pursuant to Section 20 of Article X of the State Constitution and Article IX of the Charter, and it desires to submit such proposal to the electorate at the election to be held on November 5, 2002. 4. Section 20 of Article X of the State Constitution ("Amendment One") requires voter approval of certain local government matters including the following: a. approval of a new tax, tax rate increase, mill levy above that for the prior year, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain pursuant to Section 20(4)(a); b. approval of revenue changes pursuant to Section 20(7). 5. Section 9.1.1 of the Charter provides in part that "except as provided in 9.1.3, no increase in the rate or levy of any tax imposed or collected by the County...and no new or additional tax may be levied or collected unless and until such increase, change or new or additional tax is submitted to and approved by a majority of those actually voting in an election on such issue." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: 1. The Board has determined, and hereby determines that the interest of the County and the public interest and necessity require the submittal of this tax proposal to the electorate at a coordinated election to be held on November 5,2002. 2. The question to be submitted to the electorate shall be as set forth in Attachment A to this resolution. If the question is approved by the electorate: a) The collections of the authorized tax shall be accounted for in a separate fund dedicated for the sole purpose of providing stable funding for health and human service and community non-profit programs and directly related expenses including county staffing and services. The funds shall not be spent for other purposes under any circumstance. b) The programs to be funded shall promote and achieve the community goals and objectives set forth by the BOCC which include: Family and Youth Well-Being-promote the social, emotional and economic well- being of families and youth Physical Health-promote the physical well being of individuals Mental Health and Substance Abuse Prevention -promote the psychological well being of individuals and provide treatment and promote prevention of substance abuse Legal Services and the Courts- facilitate access and appropriate utilization of legal and judicial assistance The Well—Being of Seniors-promote the social, emotional, economic and physical well-being of senior adults Community Program Effectiveness—administrative advocacy for fiscal support, clear expectations for results, enhancing program operations and collaborations and active support of assessment for achieving community goals Cultural,Recreational and Educational Treasures—promote and optimize the quality of life for residents, employees and visitors of Pitkin County Regional Collaboration—Foster opportunities to share resources and common problem solving activities Environmental Quality—Enhance and sustain natural resources c) The Board of County Commissioners shall appoint five members to a Citizen Grant Review Committee. Each committee member shall be a resident of Pitkin County, shall hold no other County or municipal office, shall not be employed by a municipality or county, shall not sit on any board of directors of any non-profit applying for funding, and shall serve without pay. d) The Citizen Grant Review Committee shall: (1)Make recommendations to the Board of County Commissioners to update the Community Goals as necessary. (2)Within those goals establish priorities and criteria for funding health and human service and community non-profit programs. (3)Review all grant applications and insure fiscal and programmatic compliance. (4)Make recommendations to the Board of County Commissioners for distribution of funds. (5)Establish relationships with local non-profits to more effectively discharge Committee responsibilities. 3. Pursuant to C.R.S., Section 1-5-205, a notice of the election including the date, hours, polling places, and questions submitted shall be published one time in The Aspen Times and shall be posted in a conspicuous place at the County Clerk's office at least 10 days before the date of the election and until after the election. 4. The County Clerk shall provide such notices as are required by Section 20(3)(b) of Article X of the State Constitution. 5. The officers of the County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 6. If any section,paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. 7. This Resolution shall be in full force and effect immediately upon its final adoption. INTRODUCED AND FIRST READ ON THE 28T" DAY OF AUGUST 2002, AND SET FOR PUBLIC HEARING. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 31sT DAY OF AUGUST 2002. SECOND READING AND PUBLIC HEARING ON THE 10Tu DAY OF SEPTEMBER 2002. APPROVED AND ADOPTED AFTER THIRD READING AND CONTINUED PUBLIC HEARING ON THE 11T"DAY OF SEPTEMBER 2002. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 21sT DAY OF SEPTEMBER 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS "Jones OF PITKINCCOUNTY,COLORADO By Ll Patti K Date: - f-V.2 APPROVED AS TO FORM: MANAGER APPROVAL: J° Hilary Fletc mith C Attomey County Man r RECOMMENDED FOR APPROVAL: Tom Oken,Administrative Services Director r el,' Attachment A RETAIN AND DEDICATE PROPERTY "FAX FOR HEALTH AND HUMAN SERVICES AND COMMUNITY NON-PROFITS FOR 5 YEARS SHALL PITKIN COUNTY BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND $800,000 OF PROPERTY TAX REVENUES COLLECTED IN 2002, AND THE SAME AMOUNT, ADJUSTED FOR INFLATION AND LOCAL GROWTH, IN EACH SUBSEQUENT YEAR THROUGH 2O06, IN EXCESS OF THE AMOUNTS OTHERWISE PERMITTED, DEDICATED FOR THE SOLE PURPOSE OF PROVIDING STABLE FUNDING TO HEALTH AND HUMAN SERVICE AND COMMUNITY NON-PROFIT PROGRAMS INCLUDING: • SENIOR PROGRAMS • AT-RISK YOUTH PROGRAMS • MENIAL HEALTH COUNSELING FOR INDIVIDUALS AND FAMILIES • DRUG AND ALCOHOL COUNSELING AND PREVENTION • CARE FOR THE TERMINALLY ILL AND THEIR FAMILIES • SUPPORT FOR VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL. ASSAULT v • SERVICES FOR THOSE WITH DEVELOPMENTAL DISABILITIES • PUBLIC HEALTH SERVICES INCLUDING PRE-NATAL CARE, FAMILY PLANNING AND IMMUNIZATIONS • PUBLIC ACCESS TELEVISION • NORDIC TRAILS PROGRAM NOTWITHSTANDING THE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, ARTICLE 9 OF THE COUNTY HOME RULE CHARTER OR ANY OTHER LAW?