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HomeMy WebLinkAboutbocc.res.080.2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, SUBMITTING AN AMENDMENT TO THE PITKIN COUNTY HOME RULE CHARTER TO THE REGISTERED ELECTORS OF PITKIN COUNTY, COLORADO AT AN ELECTION TO BE HELD ON NOVEMBER 5, 2024, WHICH AMENDS ARTICLE II OF THE HOME RULE CHARTER TO AUTHORIZE AND EMPOWER THE BOARD OF COUNTY COMMISSIONERS TO APPROVE AND IMPLEMENT A PHYSICAL LAYOUT AND ATTENDANT REGULATORY PLAN FOR THE ASPEN-PITKIN COUNTY AIRPORT, INCLUDING THE LOCATION AND EXTENT OF RUNWAYS, THAT MEETS LOCAL AND FEDERAL REGULATIONS AND REQUIREMENTS, NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THE PITKIN COUNTY HOME RULE CHARTER RESOLUTION NO. 080-2024 RECITALS 1. Pitkin County, in the State of Colorado (the “County” and the “State,” respectively), is a duly created political subdivision organized and operating as a home rule county pursuant to the Constitution and laws of the State including Title 30, Articles 11 and 35, Colorado Revised Statutes, as amended, and the Home Rule Charter of the County, adopted March 21, 1978, as amended (the “Home Rule Charter”). 2. Pursuant to the Home Rule Charter, the Board of County Commissioners of Pitkin County, Colorado (the “BOCC”) is vested with all powers, duties, and functions of the County. 3. Pursuant to C.R.S. § 30-11-506(1)(b) and Home Rule Charter, Section 8.1, the BOCC may initiate an action to amend the Home Rule Charter by and through a Resolution adopted by the BOCC submitting the proposed amendment to the register electors of Pitkin County. 4. Pursuant to Section 1-5-203(3), C.R.S., no later than September 6, 2024, the order of the ballot and ballot content must be certified to the County Clerk and Recorder (the “County Clerk”). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: 1. An election shall be held on Tuesday, November 5, 2024 (the “Election Date”) as part of the general election held on that date. 2. The BOCC has determined, and hereby determines, that the interest of Pitkin County and the public interest and necessity requires the submittal of this referendum to amend the Pitkin County Home Rule Charter to the registered electors of Pitkin County. 3. For purposes of C.R.S. § 31-11-111 as well as any similar requirement or provision of law, this Resolution shall serve to set and fix the ballot title for the referendum BOCC Resolution No. 080- 2024 2 seeking to amend the Home Rule Charter. The ballot title for such referendum along with the text of proposed amendment to the Home Rule Charter is appended hereto as Exhibit A and incorporated as a part of this Resolution by this reference. 4. The language of the proposed Home Rule Charter Amendment, if passed, is expressly intended to control and supersede any other provision of the Home Rule Charter. 5. The intent of the BOCC’s instant action as well as the intent of the Home Rule Charter Amendment is to reaffirm and vest the BOCC with authority over the Airport and specifically the runway configuration; including authority over widening, expanding, and relocating the runway to the west. If passed by the voters in concert with a contemporaneous approval of Our Airport, Our Vote’s petitioned Home Rule Charter, the BOCC’s Home Rule Charter Amendment is expressly intended to control between the two Charter Amendments and, in so doing, clarifies the BOCC’s authority to approve, implement, and take any and all necessary actions to effectuate widening and relocating the runway at the Airport without further voter approval from the electorate. 6. Within thirty (30) days of initiation of a proposed amendment, repeal, or charter convention measure, the Board shall publish notice of and call an election to be held not less than thirty (30) nor more than one hundred twenty (120) days after said publication. The text of any proposed amendment shall be published with said notice. 7. The County Clerk and other County officials and employees are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 8. For purposes of C.R.S. § 1-11-203.5, this Resolution shall serve to set the ballot title for the ballot issue set forth herein, and the ballot title for such ballot issue shall be as set forth in Exhibit A hereto. 9. This Resolution shall take effect immediately upon its final adoption. [remainder of page intentionally left blank] BOCC Resolution No. 080- 2024 3 INTRODUCED AND FIRST READ ON THE 13TH DAY OF AUGUST, 2024 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 28TH DAY OF AUGUST 2024. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 16TH DAY OF AUGUST, 2024. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 15TH DAY OF AUGUST 2024. ADOPTED AFTER FINAL READING ON THE 3RD DAY OF SEPTEMBER 2024. POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) AFTER ADOPTION, ON THE 12TH DAY OF SEPTEMBER 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 12TH DAY OF SEPTEMBER, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Sam Engen Greg Poschman, Chair Clerk to the Board Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ Richard Y. Neiley III Jon Peacock, County Manager Interim County Attorney Sep-05-2024 Exhibit A to BOCC Resolution No. 080- 2024 Referendum 1__ - BOCC Referred Home Rule Charter Amendment Shall there be an amendment to the Pitkin County Home Rule Charter to reaffirm the Board of County Commissioner’s existing authority to approve and implement a physical layout, including any runway expansion and relocation, and attendant regulatory plan for the Aspen/Pitkin County Airport that meets federal and local requirements; improves safety, reduces air, noise, and carbon pollution; decreases vehicle traffic to and from the Airport; updates infrastructure and manages growth consistent with community values; and to take all necessary actions to secure and maintain federal funding for such improvements in accordance with the provisions of BOCC Resolution No. ___ - 2024? TEXT OF PROPOSED AMENDMENT BE IT ENACTED BY THE QUALIFIED ELECTORS OF PITKIN COUNTY COLORADO: Section 1. That section 2.7 of the Pitkin County Home Rule Charter is amended by adding to the end thereof the following new section 2.7.7: “2.7.7. Notwithstanding any provision of the Home Rule Charter to the contrary, the Board of County Commissioners shall have the power and authority to approve and implement a physical layout, including the location and design of the airfield, and attendant regulatory plan for the Aspen/Pitkin County Airport; that complies with the Airways Improvement Act of 1982, as amended as well as the regulations, guidelines and policies of the Federal Aviation Administration; and that the Board finds will improve safety, reduce air and noise pollution manages growth consistent with community values; reduces vehicle traffic to and from the Airport; and reduces carbon emissions; and to take all other actions necessary to obtain grant funding through the federal Airport Improvement Program for improvements to the Airport deemed necessary or desirable by the FAA; and to ensure that the County does not breach any existing grant agreement with the FAA including without limitation breach of any assurances required of public airport sponsors as conditions of any such existing grant agreement.” Section 2. For purposes of interpretation of the Home Rule Charter, the Board of County Commissioner’s authority to approve the physical layout of the airfield shall extend to runway expansion or relocation.