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HomeMy WebLinkAboutbocc.res.079.2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FIXING A BALLOT TITLE AT AN ELECTION TO BE HELD NOVEMBER 5, 2024 FOR A CITIZEN INITIATED AMENDMENT TO ARTICLE II OF THE PITKIN COUNTY HOME RULE CHARTER, WHICH LIMITS THE POWERS OF THE BOARD OF COUNTY COMMISSIONERS TO AUTHORIZE EXPANSION OR RELOCATION OF ANY RUNWAY AT THE ASPEN-PITKIN COUNTY AIRPORT WITHOUT VOTER AUTHORIZATION RESOLUTION NO. 079-2024 RECITALS 1. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (the “Home Rule Charter”) official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens. 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)(a) and Home Rule Charter, Section 8.1, the Pitkin County Home Rule Charter may be amended by and through an initiative petition signed by at least five percent (5%) of the registered electors of Pitkin County followed by submission of the initiated measure to the registered electors of Pitkin County for a vote. 4. Pursuant to C.R.S. § 31-11-111(a), the BOCC is required to fix a ballot title for each initiative or referendum if and when the statutory requirements for doing so have been met. 5. On July 24, 2024, “Our Airport Our Vote” filed a petition seeking to amend the Pitkin County Home Rule Charter with the Clerk’s office for review of signature validity. 6. On July 31, 2024, the Pitkin County Clerk & Recorder certified the sufficiency of the petition, finding that Our Airport Our Vote submitted a sufficient number of valid signatures to place the initiated measure to amend the Pitkin County Home Rule Charter on the November 5, 2024 General Election ballot. A copy of the Statement of Sufficiency is appended hereto as Exhibit A. 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. For purposes of C.R.S. § 31-11-111, this Resolution shall serve to set the ballot title for the initiative petition to amend the Home Rule Charter. The ballot title for such ballot BOCC Resolution No. 079-2024 2 issue along with the text of proposed amendment to the Home Rule Charter is appended hereto as Exhibit B and incorporated as a part of this Resolution by this reference. 3. 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. 4. 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. 5. This Resolution shall take effect immediately upon its final adoption. [remainder of page intentionally left blank] BOCC Resolution No. 079-2024 3 INTRODUCED AND FIRST READ ON THE 14TH 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 28TH DAY OF AUGUST 2024. POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) 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 Neiley, III Jon Peacock, County Manager Interim County Attorney Sep-04-2024 Exhibit A to BOCC Resolution No. 079- 2024 Exhibit B to BOCC Resolution No. 079- 2024 Initiative 1__ Citizen Initiated Home Rule Charter Amendment “Shall the Pitkin County Charter be amended to limit the powers of the County Board of Commissioners to authorize expansion or relocation of any runway at the Aspen/Pitkin County Airport beyond the runway dimensions and locations that existed on January 1, 2024, unless Pitkin County voters approve such expansion or relocation in accordance with the provisions of BOCC Resolution No. ___ - 2024?” The full text of the proposed measure is as follows: Be It Enacted by the Registered Electors of Pitkin County, Colorado: Section 1. In the Home Rule Charter of Pitkin County, Colorado, add section 1.1.22.1 to article 1: 1.1.22.1 RUNWAY: THAT PORTION OF THE ASPEN/PITKIN COUNTY AIRPORT DESIGNED OR SET ASIDE FOR USE BY AIRCRAFT IN LANDING, TAKING OFF, OR TAXIING OR MOVING OF AIRCRAFT ON THE GROUND. A RUNWAY SHALL BE CONSTRUED TO INCLUDE ANY PROJECTION OR EXTENSION FOR USE AS AN APPROACH ZONE BUT SHALL NOT INCLUDE: LAND AREA DEDICATED SOLELY TO THE TEMPORARY OR PERMANENT STORAGE OF AIRCRAFT FOR MAINTENANCE OR OTHER PURPOSES; OR THE LAND AND IMPROVEMENTS USED AS PART OF THE AIRPORT TERMINAL. Section 2. In the Home Rule Charter of Pitkin County, Colorado, add section 2.7.1.1 to article 2: 2.7.1.1 IN ORDER TO PROVIDE FOR THE SAFE OPERATION OF THE ASPEN/PITKIN COUNTY AIRPORT AND TO PREVENT AIRPORT EXPANSION THAT ADVERSELY AFFECTS THE HEALTH, WELFARE, AND QUALITY OF LIFE OF RESIDENTS OF PITKINCOUNTY, THE POWERS, DUTIES, AND FUNCTIONS OF THE COUNTY VESTED IN THEBOARD DO NOT INCLUDE AUTHORIZING, DIRECTLY, INDIRECTLY, OR IN CONJUNCTION WITH THE ACCEPTANCE OF FEDERAL OR STATE MONETARY GRANTS, THE EXPANSION OR RELOCATION OF ANY RUNWAY AT THEASPEN/PITKIN COUNTY AIRPORT BEYOND THE ACTUAL RUNWAY DIMENSIONS AND LOCATIONS THAT EXIST AS OF JANUARY 1, 2024; PROVIDED, HOWEVER, THAT PITKIN COUNTY VOTERS MAY APPROVE A REFERRED MEASURE AT A GENERAL OR COORDINATED ELECTION TO AUTHORIZE AN OTHERWISE PROHIBITED RUNWAY EXPANSION OR RELOCATION.