HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2021 - RESOLUTION 2021-089 APPOINTING ONE BOARD MEMBER SE Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY September 21, 2021
City Council
STAFF
Ken Sampley, Director, Stormwater Eng/Devt Review
Carrie M. Daggett, Legal
SUBJECT
Resolution 2021-089 Appointing One Board Member Selected by the City and One Board Member Jointly
Appointed by the City and Larimer County to the Boxelder Basin Regional Stormwater Authority Board of
Directors.
EXECUTIVE SUMMARY
The purpose of this item is to consider making two appointments to the Boxelder Basin Regional Stormwater
Authority Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Pursuant to the intergovernmental agreement establishing the Boxelder Basin Regional Stormwater Authority
(BBRSA), the City is entitled to appoint one representative to the five-member BBRSA Board of Directors, and to
jointly appoint with Larimer County a second representative.
Theresa Connor, Interim Utilities Director, is currently serving as the City representative on the BBRSA Board
appointed by the City. The joint City/Larimer County representative has been vacant since the former
representative Mr. Gerry Horak resigned earlier this year. Mayor Arndt expressed interest at the summer retreat in
serving on this board.
The City would like to appoint M ayor Arndt as the City representative. A selection committee was appointed to
recommend an appointee for the joint position; however, Theresa Connor was the only applicant for the position.
Accordingly, staff did not convene the committee since there was only one applicant and the process has moved
forward without selection committee action.
This Resolution appoints Mayor Arndt as the City appointed director and Ms. Connor as the unaffiliated member
jointly appointed by the City and Larimer County. At its meeting on September 14, 2021, the Larimer County
Board of County Commissioners approved Ms. Connor's appointment as the jointly -appointed member.
PUBLIC OUTREACH
The vacant City/County director position was advertised on the City and County websites.
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RESOLUTION 2021-089
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING ONE BOARD MEMBER SELECTED
BY THE CITY AND ONE BOARD MEMBER JOINTLY APPOINTED BY
THE CITY AND LARIMER COUNTY TO THE BOXELDER BASIN
REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS
WHEREAS, the City of Fort Collins (“City”), Board of Commissioners of Larimer
County, Colorado (“County”) and Town of Wellington, Colorado are parties to that certain
Intergovernmental Agreement for Stormwater Cooperation and Management dated August 20,
2008, and First Amendment to Intergovernmental Agreement for Stormwater Cooperation and
Management dated June 16, 2014, as amended (collectively, the “IGA”) for the purpose of
creating the Boxelder Basin Regional Stormwater Authority (the “Authority”); and
WHEREAS, the IGA specifies that the Authority shall be governed by a Board of
Directors (the “Board”) consisting of five (5) Directors, one each appointed by the City, the
Town of Wellington, and the County and two unaffiliated members, representing the public at
large; and
WHEREAS, the IGA provides that one of the unaffiliated members of Board will be
appointed by mutual agreement of the City and the County, with the other unaffiliated member
appointed by mutual agreement the Town of Wellington and the County; and
WHEREAS, the Directors serve for staggered terms of three (3) years; and
WHEREAS, on July 7, 2015, the Fort Collins City Council (“Council”) adopted
Resolution 2015-066 (“Council's 2015 Resolution”) adopting Council retreat priorities for 2015-
2017, one of which called for appointment of members of the Board by Council rather than staff;
and
WHEREAS, on April 5, 2016, Council adopted Resolution 2016-034 appointing then
Mayor Pro Tem Gerry Horak to the Board as the Director appointed by the City and on April 23,
2019, Council adopted Resolution 2019-054 re-appointing Mr. Horak as the Director appointed
by the City until such time as the Council acts to modify his appointment; and
WHEREAS, on May 5, 2020, Council adopted Resolution 2020-044 appointing former
Mayor Pro Tem Gerry Horak as the unaffiliated member of the BBRSA Board jointly appointed
by the City and Larimer County and Theresa Connor, Deputy Director of Fort Collins Utilities as
the City appointed Board Director; and
WHEREAS, former Mayor Pro Tem Gerry Horak has resigned as the member of the
BBRSA Board jointly appointed by the City and Larimer County; and
WHEREAS, after solicitation of applications for the jointly appointed position, one
application was received and that applicant, Theresa Connor, was approved by the Board of
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County Commissioners to fill the jointly-appointed Board seat at its September 14, 2021,
meeting; and
WHEREAS, although a selection committee was previously appointed to recommend an
appointee for the joint position, since there was only one application for the joint position from
an existing BBRSA Board Member, staff did not convene that committee to review the single
application, and the process has moved forward without selection committee action; and
WHEREAS, in light of these developments, Council wishes to appoint Theresa Connor,
currently Interim Director of Fort Collins Utilities as the member of the BBRSA Board jointly
appointed by the City and Larimer County, and further wishes to appoint Mayor Jeni Arndt to fill
the City-appointed seat to be vacated by Theresa Connor after her appointment to the joint City-
County seat.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Theresa Connor’s appointment as the BBRSA Board Director jointly
appointed by the City and Larimer County to complete the three-year term that began in April
2020, is hereby approved, effective immediately, to continue until April 2023 or until such time
as the City and County approve a replacement appointee.
Section 3. That the Theresa Connor’s appointment pursuant to Resolution 2020-044
is hereby terminated effective immediately.
Section 4. That Mayor Jenny Arndt is hereby appointed to serve as the Director
appointed by the City on the BBRSA Board to complete the three-year term that began in April
2019, effective immediately, to continue until April 2022 or until such time as the City Council
approves a replacement appointee.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of September, A.D. 2021.
_________________________________
Mayor
ATTEST:
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Interim City Clerk