HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/04/2020 - RESOLUTION 2020-073 APPOINTING ONE BOARDMEMBER SELAgenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY August 4, 2020
City Council
STAFF
Elizabeth Blythe, Senior Public Engagement Coordinator
Delynn Coldiron, City Clerk
Theresa Connor, Interim Utilities Executive Director
Ken Sampley, Director, Stormwater Eng/Devt Review
Judy Schmidt, Legal
SUBJECT
Resolution 2020-073 Appointing One Boardmember Selected by Mutual Agreement of Fort Collins and Larimer
County to the Boxelder Basin Regional Stormwater Authority Board of Directors.
EXECUTIVE SUMMARY
The purpose of this item is to appoint Gerry Horak 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.
Currently, Martina Wilkinson is serving as the unaffiliated member of the BBRSA Board jointly appointed by the
City and Larimer County. Ms. Wilkinson’s term expired at the end of April 2020 and she is serving until a
replacement is selected. A joint City and Larimer County selection committee interviewed three candidates on
July 17, 2020 and recommends Gerry Horak as the appointee.
At its meeting on July 28, 2020, the Larimer County Board of County Commissioners approved Mr. Horak’s
appointment as the unaffiliated jointly-appointed member.
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RESOLUTION 2020-073
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING ONE BOARD MEMBER SELECTED BY
MUTUAL AGREEMENT OF FORT COLLINS AND LARIMER COUNTY TO THE
BOXELDER BASIN REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS
WHEREAS, the City of Fort Collins (“City”), Larimer County, Colorado (“County”) and
Town of Wellington, Colorado (“Town”) 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 the Board will be
appointed by mutual agreement of the City and the County, with the other unaffiliated member
appointed by mutual agreement the Town and the County; and
WHEREAS, the Directors serve for staggered terms of three (3) years each; 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 modifying 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, Martina Wilkinson is currently serving as the unaffiliated member of the
Board jointly appointed by the City and Larimer County, although her term expired at the end of
April 2020 and she is serving until a replacement is selected; 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
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WHEREAS, on July 28, 2020, the Board of County Commissioners acted to approve
appointment of Mr. Horak as the jointly appointed unaffiliated member of the Board to be
appointed by mutual agreement of the City and the County; and
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 Council hereby agrees to the appointment of Mr. Horak to serve
as the jointly appointed 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 4th
day of August, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk