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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/05/2016 - RESOLUTION 2016-034 APPOINTING A COUNCILMEMBER ASAgenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr SUBJECT Resolution 2016-034 Appointing a Councilmember as a Representative to the Boxelder Basin Regional Stormwater Authority Board of Directors. EXECUTIVE SUMMARY The purpose of this item is to appoint a representative from the City of Fort Collins to the Boxelder Basin Regional Stormwater Authority (BBRSA) Board of Directors. Ken Sampley has served as the City representative since June 17, 2010. The City Council has expressed a desire to appoint one of its members to the Board of Directors. Mr. Sampley will remain involved as a subject matter expert supporting the Board representative. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The BBRSA Intergovernmental Agreement specifies that its Board of Directors shall consist of five (5) Directors-one each appointed by the City of Fort Collins, the Town of Wellington and Larimer County, one jointly appointed by the City of Fort Collins and Larimer County, and another jointly appointed by the Town of Wellington and Larimer County. Directors are appointed for a 3-year term. The original terms were staggered so not all Directors are up for appointment at the same time. Ken Sampley was appointed administratively on June 17, 2010 and reappointed in 2013. His current term expires on April 1, 2016. Mr. Sampley has performed exceptionally as the City representative and President of the BBRSA Board to move these projects forward. His leadership was crucial to the successful navigation through the engineering, legal, and political issues leading up to the execution of contracts for construction of the Master Planned improvements that will improve flood protection in many areas along the Boxelder Creek, as well as areas downstream. Construction activities are planned to be complete in the summer of 2016. It is in the best interest of the City and the BBRSA for Mr. Sampley to remain involved and supporting the new Boardmember through the completion of construction and transition to use. BOARD / COMMISSION RECOMMENDATION At its March 17, 2016 meeting, the Water Board voted unanimously to Agenda Item 23 Item # 23 Page 2 ATTACHMENTS 1. Water Board minutes, March 17, 2016 (draft) (PDF) 2. Powerpoint presentation (PDF) Excerpt from Unapproved Minutes – March 17, 2016 Water Board Boxelder Basin Regional Stormwater Authority (BBRSA): Board Recommendation (Attachments available upon request) Water Engineering Field Operations Manager Jon Haukaas and Water Utilities Engineering Manager Ken Sampley presented background information on the establishment of the BBRSA and the structure of its Board of Directors. Flooding in the Boxelder and Cooper Slough drainage basins has been a regional concern since 2005. Mr. Sampley has served as Fort Collins’ appointed Board Director since joining the City staff in June 2010 and as President of the Board of Directors since mid-2011. City Councilmembers feel a political presence on the board will help the City connect on a Council level and help Council stay better informed of activities. Mr. Sampley will serve as technical advisor and continue to attend meetings, but a Councilmember would serve as Fort Collins’ appointed BBRSA Board Director. Staff and Council feel the timing is right for this transition because the construction phase will be completed in the next three months and the BBRSA will transition into the maintenance phase. Staff is requesting Water Board comments and feedback. Discussion Highlights A board member inquired about the benefits of having a City Councilmember on the BBRSA board. Mr. Haukaas replied that it provides more direct oversight by an elected official and a more direct connection to other City Councilmembers. Another board member inquired who the other BBRSA Directors are. Staff noted the current BBRSA Board Directors are: DIRECTOR OFFICE HELD TERM EXPIRES APPOINTED BY Ken Sampley President April 2016 City of Fort Collins Richard Seaworth Director April 2018 Town of Wellington Vic Meline Treasurer April 2017 City of Fort Collins/Larimer County George Reed Secretary April 2017 Larimer County Bill Schneider Director April 2019 Town of Wellington/Larimer County A board member supported the idea of a staff member continuing in the position for another year and questioned why a Councilmember, who is busy with so many other projects, would want to serve as a director if all the controversial issues have passed. What is the value? It was noted the BBRSA Board of Directors has been meeting approximately twice per month over the past two years, however the number of meetings is expected to decrease to monthly or possibly bi- monthly now that construction is almost complete. Mr. Haukaas stated Councilmember Gerry Horak has expressed interest and City Council has the power to appoint the representative for this three-year term. A board member commented that as long as the Council appoints someone who is passionate and interested in the topic, they are ATTACHMENT 1 supportive of the idea. Staff noted that several of the BBRSA Directors are expected to resign before their terms are finished since they have served on the Board for multiple terms. Mr. Haukaas stated that long-term issues are (1) the sunset date, (2) who will own and maintain the BBRSA regional stormwater facilities, and (3) terms for repayment of the Colorado Water Conservation Board (CWCB) loan. The BBRSA could be disbanded, for example, if each municipality agrees to take on maintenance of specific facilities. BBRSA Board of Directors’ meetings are open to the public. 1 Boxelder Basin Regional Stormwater Authority Jon Haukaas Appointment of City Representative 2 History and Purpose The Boxelder Basin Regional Stormwater Authority (BBRSA) was formed by Intergovernmental Agreement (IGA) in 2008 with the purpose of funding and implementing regional stormwater improvements. Membership: – Fort Collins – Larimer County – Wellington. Timnath is a financial partner by separate IGA. 3 Representation The BBRSA Governance per Article II of the IGA. Five (5) member Board of Directors: • Fort Collins representative • Larimer County representative • Wellington representative • Fort Collins/Larimer County Joint representative • Wellington/Larimer County Joint Representative Each serving staggered three (3) year terms 4 City Representative Mr. Ken Sampley, PE » City representative since 2010 » Board President since 2011 » Current term expires April 2016 Mr. Sampley has been instrumental in moving the projects forward to the benefit of the member entities. He is willing to continue in his present role or otherwise continue to support the Authority in a supporting role as a Subject Matter Expert. 5 City Representative Council has expressed the desire to take a more active role in the BBRSA and the selection of our representative. This action is to appoint a City Representative to BBRSA Board of Directors. 6 -1- RESOLUTION 2016-034 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING A COUNCILMEMBER AS A REPRESENTATIVE TO THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS WHEREAS, the City of Fort Collins (“City”), Board of Commissioners of Larimer County, Colorado 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 (collectively, the “IGA”) for the purpose of creating the Boxelder Basin Regional Stormwater Authority (the “Authority”); and WHEREAS, Ken Sampley, Water Systems Engineering Manager, was appointed by the City Manager administratively on June 17, 2010, and reappointed in 2013 to serve three year terms as the City-appointed Director on the Authority Board of Directors (the “Board”) pursuant to Section 2.03 of the IGA; and WHEREAS, Sampley has performed exceptionally as the City-appointed Director, and as President of the Authority Board, for two terms; and WHEREAS, Sampley’s current term will expire on April 1, 2016, or as soon thereafter as a successor director is approved; and WHEREAS, in July 2015, the City Council adopted Resolution 2015-066 approving Council retreat priorities, including the appointment of a Councilmember to the Board of the Authority; and WHEREAS, the City Council desires to appoint a Councilmember to serve as the City selected Director of the Authority Board. 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 Councilmember ________________ is hereby appointed to serve as the City selected Director on the Authority Board until April 1, 2019, or until a replacement representative is designated by the Council. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk