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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/16/2020 - RESOLUTION 2020-057 APPOINTING TWO REPRESENTATIVESAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Theresa Connor, Interim Utilities Executive Director Ken Sampley, Director, Stormwater Eng/Devt Review Delynn Coldiron, City Clerk Judy Schmidt, Legal SUBJECT Resolution 2020-057 Appointing Two Representatives to the Selection Committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board of Directors. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is for City Council to appoint two representatives to serve on the interview and selection committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board Director. The selected candidate will then be considered for appointment by each elected body. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Boxelder Basin Regional Stormwater Authority (BBRSA) is a governmental entity created by Larimer County, the City and the Town of Wellington on August 20, 2008 to: • Implement the regional components of the approved Boxelder Stormwater Master Plan; • Plan and establish a financial structure that equitably distributes among all properties within the BBRSA Service Area the costs of implementing the regional components of the approved Boxelder Stormwater Master Plan; • Plan and arrange for the operation and maintenance of the improvements; and • Obtain any necessary Stormwater MS4 Permitting (stormwater quality) required in conjunction with implementation. The regional improvements contemplated by the Boxelder Stormwater Master Plan have been constructed, although one such improvement is still being modified to address certain issues. The work of the Board is now primarily focused on completing modifications to one regional improvement, operating and maintaining the improvements, and assessing certain stormwater fees within the BBRSA service area to finish paying the cost of the improvements. Agenda Item 10 Item # 10 Page 2 The BBRSA Board of Directors consists of five members who govern the design, construction, and maintenance of improvements; the hiring of/or contracting for BBRSA staff; and the setting of stormwater fees to be charged within the Boxelder Service Area. Board members should have general knowledge of stormwater and floodplain concepts and principles, engineering practices and construction of improvements, and financial management responsibilities. Directors are appointed for a 3-year term. The current BBRSA Board of Directors consists of: • Town of Wellington appointee: Tim Singewald (former Town Mayor) • Larimer County appointee: Eric Tracy (County staff) • City of Fort Collins appointee: Theresa Connor (City staff) • Wellington / Larimer County appointee: Richard Seaworth (citizen) • Fort Collins / Larimer County appointee: Martina Wilkinson (former County staff and current City staff). Martina is filling the position temporarily until a joint City/County appointment can be finalized.) The Director appointed solely by the City has historically been a city staff person (engineer) appointed by the City Manager. Approximately five years ago, it was determined that an elected City official would be beneficial on the Board. At the request of Council and because appointment of a Councilmember to an outside board is reserved to Council, the City process was adjusted to have Council appoint the last City-appointed Director (Gerry Horak). In May, Council appointed Theresa Connor, Interim Utilities Executive Director, to this position. The Director appointed jointly by the City and Larimer County was originally done through an open application process. Early Directors (10+ years ago) included citizens not affiliated with the City. As the BBRSA work plan included increasing technical, fiduciary, political, and legal challenges the skills needed by Directors evolved. In recognition of the importance that both the City and County’s interests are appropriately represented on the Board, recent joint appointees have been strategically made through shared mutual agreement between City and County leadership. No more than one of the jointly-appointed unaffiliated members shall be employed by or an elected official of any member. In May, Council asked that an open selection process be used to select the next City/County jointly-appointed unaffiliated Director to fill the position created by the expiration of Martina Wilkinson’s term. The process includes the following: • Both the City and County will begin the process of a boards and commissions recruitment to recruit candidates. • Each organization will select no more than three candidates to be interviewed. • Interviews will be conducted by a joint panel made up of two representatives each from the City and the County. Three or more members of the interview panel will need to agree to select a preferred candidate. • The preferred candidate will be considered for appointment by both elected bodies. ATTACHMENTS 1. Powerpoint Presentation (PDF) BBRSA Joint City/County Board Director Theresa Connor, P.E. and Ken Sampley, P.E. ATTACHMENT 1 Proposed Motion Recommend adoption of Resolution 2020-057 of the Council of the City of Fort Collins Appointing Two Representatives to the Selection Committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board Director 2 BBRSA Background 3 The BBRSA is a governmental entity created by Larimer County, the City of Fort Collins and the Town of Wellington on August 20, 2008 to: • Design and build regional stormwater projects • Plan and establish a financial structure that equitably distributes costs among all stakeholders • Plan and arrange for the operation and maintenance of the improvements; and • Obtain any necessary permitting required. Town of Timnath joined as funding partner in 2014. Improvements have been constructed with exception of one modification to ESDF. BBRSA Board of Directors 4 The 5-Person Board governs design, construction, maintenance, hiring/contracting of BBRSA staff, setting stormwater fees, and financial administration: • 1 Director appointed by the Town of Wellington • 1 Director appointed by Larimer Co • 1 Director appointed by the City of Fort Collins • 1 Director jointly appointed by Wellington / Larimer Co • 1 Director jointly appointed by Fort Collins / Larimer Co The Joint Fort Collins/Larimer Co Director is being temporarily filled by Martina Wilkinson (FC Staff). Directors are appointed for a 3-year term. In May 2020 Council requested an open selection process to fill the position. Joint City/County Director Selection 5 The City and County are concurrently advertising the position using a Boards and Commissions recruitment: • Applications due by June 19th . • City and County each select no more than 3 candidates • Interviews will be conducted by a joint panel made up of two representatives each from the City and the County. • Three or more members of the interview panel will need to agree to select a preferred candidate; and, • The preferred candidate will be considered for appointment by both elected bodies. The purpose of the Resolution is for Council to appoint two representatives to serve on the Joint Selection Committee. Questions 6 Theresa Connor, P.E. Interim Utilities Executive Director Ken Sampley, P.E. Director, Stormwater Engineering and Development Review -1- RESOLUTION 2020-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING TWO REPRESENTATIVES TO THE SELECTION COMMITTEE FOR THE JOINTLY APPOINTED LARIMER COUNTY AND CITY OF FORT COLLINS 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 (“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 (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 and the County and two unaffiliated members, representing the public at large; and WHEREAS, the IGA provides that one of the unaffiliated Board members will be appointed by mutual agreement of the City and the County, with the other unaffiliated member appointed by mutual agreement of the Town and the County; and WHEREAS, the Directors serve for staggered terms of three (3) years; and WHEREAS, the last director jointly appointed by the City and County was Martina Wilkinson, who’s term has expired but under the IGA will continue to serve until her replacement is selected; and WHEREAS, Council asked that an open selection process be used to select the next director to be jointly appointed by the City and County; and WHEREAS, the City and County will cooperate to recruit and select no more than three candidates to be interviewed by a joint panel made up of two representatives from each organization (the “Joint Selection Committee”), select a preferred candidate by an affirmative vote of at least 3 members of the Committee, and refer the preferred candidate to both elected bodies for consideration; and WHEREAS, the purpose of this Resolution is for Council to appoint two members to the Joint Selection Committee. 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. -2- Section 2. That (___________) and (__________) are hereby appointed to serve as the City representatives to the Selection Committee for the Jointly-Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board Director. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk