Why do we have to have a special election?

The intent was to have the Home Rule Charter ballot initiative question included for Superior voters on the November 5th general election ballot. However, the Town did not transmit the ballot initiative itself to Boulder County. Based on strict timeline requirments found in Colorado statute, a special election had to be called for residents to have the chance to vote on this. December 10 was selected by the Board of Trustees given its compliance with key election dates, again found in statute. Given this, the ballot initiative could not be delayed nor was there enough time once this initial error was found to include the ballot initiative on the general election ballot.

Does the Charter address current issue or concerns related to RMMA? HOAs?

The Charter does not state anything specifically about any of the above issues. RMMA as a county-owned airport is not designated as a ‘local and municipal concern.’ There are still state and even federal preemption for aviation operations. Town ordinances can be put in place by a future Town Council to address HOAs so long as they are exclusively within Superior’s boundaries. Home rule is not meant to create a “Superior HOA.”

What does the Charter say about gun rights? Off leash dogs? Business friendliness?

The Charter does not address gun rights, off leash dogs, or business friendliness. Decisions related to any of these matters would be subject either to current municipal code or ordinances passed by a future Town Council.

What does the Charter say about open space? Eminent domain? Affordable housing?

Article 12 of the Charter is devoted exclusively to Open Space. Eminent domain is mentioned in Article 13, giving the Town the right of eminent domain for municipal purposes. This does not create new authority other home rule municipalities don’t have. Affordable housing is not explicitly mentioned, but the Charter would grant Superior greater say on zoning rights which could impact affordable housing options.

Will my taxes go up?

No, approving the Charter will not raise taxes.

What are the risks with adopting the Charter? Are there any disadvantages?

There is the risk of creating a too restrictive Charter which then requires additional changes through ballot amendments or the impression of local government overreach. There is also the risk of having an overly broad Charter which could make for confusing guidance. We believe we have written a Charter that is explicit in areas of clarification while being flexible enough to changes in the future. The Commission did not wish to overturn engrained precedents of the Town, reducing the risks of the Town overextending its authority. We wanted a Charter to, above all else, guide governments and residents, endure over the years, and bolster transparency.

As for disadvantahes, there is the cost side of adopting the home rule charter (more details below) and potential ballot amendments in the future which can result in more time spent by town staff and the new Town Council on issues which could have been avoided. However, as similiar to above, the Commission has written a Charter to address this and worked with town staff and local attorneys to best mitigate this.

What are the financial costs with going home rule and hosting the December 10 special election?

Between printing and mailing costs, time spent by judicial appointees to count ballots, and additional legal fees, the Town has estimated that hosting the special election will cost approximately $59,000.