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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/25/2017 - RESOLUTION 2017-038 AUTHORIZING AND DIRECTING THEAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY April 25, 2017 City Council STAFF Christine Macrina, Boards and Commissions Coordinator Wanda Winkelmann, City Clerk SUBJECT Resolution 2017-038 Authorizing and Directing the City Manager to Appoint an Unaffiliated Member to the Boxelder Basin Regional Stormwater Authority Board of Directors by Mutual Agreement with Larimer County. EXECUTIVE SUMMARY The purpose of this item is to authorize the City Manager to work with representatives of Larimer County and to appoint a Director to the Boxelder Basin Regional Stormwater Authority Board of Directors to fill the seat jointly appointed by the City of Fort Collins and Larimer County. STAFF RECOMMENDATION Staff supports the Council’s action to authorize the City Manager to work with representatives of Larimer County and to jointly appoint the unaffiliated member of the Boxelder Basin Regional Stormwater Authority (BBRSA) Board of Directors to be appointed by mutual agreement of the City and the County. BACKGROUND / DISCUSSION The purpose of this item is to authorize the City Manager to work with representatives of Larimer County to agree upon and appoint a Director to the Boxelder Basin Regional Stormwater Authority (BBRSA) Board of Directors to the seat for an unaffiliated member jointly appointed by the City of Fort Collins and Larimer County. The BBRSA Intergovernmental Agreement (IGA) 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 - and two unaffiliated members. One of the unaffiliated members is to be appointed by mutual agreement of the City of Fort Collins and Larimer County and the other unaffiliated member is to be appointed by mutual agreement of the Town of Wellington and Larimer County. Directors are appointed for a 3 year term. Mr. Vic Meline has acted as the Fort Collins/Larimer County appointed unaffiliated Director since the inception of the Board in 2009. He was originally selected through an advertisement and interview process conducted in the fall of 2008. Mr. Meline has decided that he would like to conclude his service on the Board and is not seeking reappointment. His term expires on April 1, 2017, or as soon thereafter as a successor Director is appointed. Historically, appointments by the City to the BBRSA Board of Directors were made by the City Manager. In 2015, City Council adopted a resolution setting forth its retreat priorities for 2015-2017, one of which called for appointment of BBRSA Board members by the City to be accomplished by Council rather than staff. Subsequently in 2016, Mayor Pro Tem Horak was appointed as the City-appointed Director to the BBRSA Board by Council resolution. City Code requires that the appointment of any Councilmembers to represent the City on boards or other formal bodies be accomplished by action of the City Council. Agenda Item 1 Item # 1 Page 2 Council has now indicated a desire to authorize the City Manager to work with representatives of Larimer County to appoint the unaffiliated member of the Board to be appointed by mutual agreement of the City and County. Staff supports this recommendation. -1- RESOLUTION 2017-038 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPOINT AN UNAFFILIATED MEMBER TO THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS BY MUTUAL AGREEMENT WITH LARIMER COUNTY 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, (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 of the Town of Wellington and the County; and WHEREAS, the Directors serve for staggered terms of three (3) years; and WHEREAS, Vic Meline has acted as the unaffiliated member of the Board appointed by mutual agreement of the City and the County since the inception of the Board in 2009; and WHEREAS, Mr. Meline has decided to conclude his service and is not seeking reappointment to the Board; and WHEREAS, Mr. Meline’s current term will expire on April 1, 2017, or as soon thereafter as a successor Director is appointed; and WHEREAS, City Code Section 2-570 requires that the appointment of a City Councilmember to boards or other outside governmental or private bodies be accomplished by action of the City Council; 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 Mayor Pro Tem Gerry Horak to the Board as the Director appointed by the City; and -2- WHEREAS, notwithstanding Council’s 2015 Resolution, the City Council wishes to authorize and direct the City Manager to work with representatives of Larimer County and to appoint the unaffiliated member of the Board with mutual agreement with the County. 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 the City Manager is hereby authorized and directed to work with representatives of Larimer County and to appoint the unaffiliated member of the Board with mutual agreement with the County. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 25th day of April, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk