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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2020 - RESOLUTION 2020-044 APPOINTING ONE BOARD MEMBER SEAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Resolution 2020-044 Appointing One Board Member Selected by the City to the Boxelder Basin Regional Stormwater Authority Board of Directors and One Board Member Selected by Mutual Agreement of Fort Collins and Larimer County. EXECUTIVE SUMMARY This item is coming to Council based on Priority (6): Items that relate to funding, operations and business activities. The expiration of a Boardmember term will leave a vacancy if no action is taken. The purpose of this item is for Council to consider making appointments to the Boxelder Basin Regional Stormwater Authority Board prior to its May 2020 meeting. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Pursuant to an 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. Currently, former Mayor Pro Tem Gerry Horak is serving as the City representative on the BBRSA Board appointed by the City and Martina Wilkinson is serving as the unaffiliated member of the BBRSA Board jointly appointed by the City and Larimer County. Consideration for a change in appointments is appropriate as Ms. Wilkinson’s term expired at the end of April 2020, and Mr. Horak is no longer serving on Council due to term limits. The City would like to appoint a City staff member as its representative on the Board, and in consultation with the County there is mutual interest in having Mr. Horak serve as the jointly appointed representative. This resolution appoints Ms. Theresa Connor, Deputy Director of Fort Collins Utilities as the City appointed director and Mr. Horak as the unaffiliated member jointly appointed by the City and Larimer County. At its meeting on April 28, 2020, the Larimer County Board of County Commissioners approved Mr. Horak’s appointment as the unaffiliated jointly-appointed member. -1- RESOLUTION 2020-044 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING ONE BOARD MEMBER SELECTED BY THE CITY TO THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS AND ONE BOARD MEMBER SELECTED BY MUTUAL AGREEMENT OF FORT COLLINS AND 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, 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, Council now wishes to modify Mr. Horak’s appointment as contemplated by Resolution 2019-054 by terminating his appointment as the Director appointed by the City and appointing Theresa Connor, Deputy Director of Fort Collins Utilities as the Director appointed by the City; and WHEREAS, the City worked with representatives of Larimer County to agree on the appointment of Mr. Horak as the unaffiliated member of the Board to be appointed by mutual agreement of the City and the County; and -2- WHEREAS, on April 28, 2020, the Board of County Commissioners acted to approve appointment of Mr. Horak as the unaffiliated member of the Board to be appointed by mutual agreement of the City and the County; and WHEREAS, the City Council also desires to appoint Mr. Horak as the jointly appointed unaffiliated member of the 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 Mr. Horak’s appointment as the Director appointed by the City pursuant to Resolution 2019-054 is hereby terminated effective immediately. Section 3. That Theresa Connor is hereby appointed to serve as the Director appointed by the City on the Boxelder Basin Regional Stormwater Authority Board, effective immediately. Section 4. That the Council hereby agrees to the appointment of Mr. Horak to serve as the unaffiliated member of the Board by mutual agreement of the City and the County, effective immediately. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of May, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk