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Home My WebLink About1995-02-22 EHA MINUTESt(_ .. L n. ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Regular Meeting February 22, 1995 CALL TO ORDER The Regular Meeting of the Englewood Housing Authority Board of Commissioners was called to order at 5:30 p.m. on Wednesday, February 22, 1995, at 3460 South Sherman Street, Suite 101, Englewood, Colorado, 80110, by Chairman Thomas J. Bums. ROLL CALL Members Present: Members Absent: Also Present: Thomas J. Bums, Chairman Norleen Norden, Vice Chainnan Matt Innes, Commissioner None• Paul Malinowski, Executive Director Mary A Ryan, Recording Secretary • Commissioner Gulley resigned from her position on the Englewood Housing Authority Board of Commissioners effective November 14, 1994. The vacant position was not filled as of this meeting. Commissioner Zieg resigned his position effective February 8, 1995. This vacant position was not filled as of this meeting . Ill. STUDY SESSION Interviews of candidates for the two open positions on the Englewood Housing Authority Board of Commissioners were conducted during Study Session. Candidates were Debra Medlock, Doug Rininger, and Steve Mulhern. . ' e e EHA BOC Regular Meeting 02/22/9S IV. MINUTES A. Regular Meeting held January 25, 1995. MOTION VICE CHAIRMAN NORDEN MOVED TO APPROVE THE MINUTES OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF CO:MMISSIONERS REGULAR MEETING HELD JANUARY 25, 1995, AS PRESENTED. COMMISSIONER INNES SECONDED THE MOTION. Ayes: Bums, Norden, Innes Nays: None Abstained: None Absent: None The Chairman declared the motion carried. B. Annual Meeting held January 25, 1995. MOTION VICE CHAIRMAN NORDEN MOVED TO APPROVE THE MINUTES OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF CO:MMISSIONERS ANNUAL MEETING HELD JANUARY 25, 1995, AS "PRESENTED. COMMISSIONER INNES SECONDED THE MOTION. Ayes: Bums, Norden, Innes Nays: None Abstained: None Absent: None The Chairman declared the motion carried. 2 c::\winword61minuus\EH02229 5.doc: f ; '---i ..... EHA BOC Regular Meeting 02/22/95 C. Special Meeting held January 25, 1995. MOTION VICE CHAIRMAN NORDEN MOVED TO APPROVE THE MINUTES OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS SPECIAL MEETING HELD JANUARY 25, 1995, AS PRESENTED. COMMISSIONER INNES SECONDED THE MOTION. Ayes: Nays: Bums, Norden, Innes None Abstained: None Absent: None v. The Chairman declared the motion carried. PRE-SCHEDULED VISITORS Dave Paschall, President of Englewood Historical Society (EHS), was present to update the EHA Board on the status of the train depot. Mr. Paschall's report covered items such as the completion of the fabrication of the steel for the floor and roof over the garden level and the anticipated delivery of the steel for the first of March; the subsequent pouring of the concrete for the floor and the plan to pour the concrete in such a manner as to duplicate the slab on grade as originally found in the depot; the completion of the boarding up and sealing of the building and the fence surrounding the building for security reasons; architectural drawings being near completion for the entire project. Mr. Paschall presented a copy of the grant application to the Colorado Historical Society. The Englewood Historical Society asked for funding in the grant application for exterior closure of the building. He also presented a list of those agencies the EHS could apply to for grants and from whom the EHS has asked for grant applications. Mr. Paschall further explained that the goal of the EHS was to finish the exterior of the depot and complete the tenant finish in order to get tenants in the garden level and begin paying on the promissory notes to the EHA. Discussion ensued regarding approaching such groups as Union Pacific and local civic groups for possible help with funding. Orlan Hunter has agreed to become the project manager for the depot. Mr. Paschall stated that since the depot project began, the membership of the EHS has increased substantially to around 152 members. Discussion ensued regarding what the grant funds could and could not be spent on. Mr. Paschall asked the EHA Board if there was some way the EHA could help the EHS pay their depot insurance premium. Commissioner Innes suggested that the EHA Board discuss this matter later in the meeting and make a decision then. 3 c:\winword6'minutcs\EH022295 .doc e EHA BOC Regular Meeting 02/22/95 VL DIRECTOR'S REPORT A Narrative Report Briefly discussed . B. Program Reports Briefly discussed as to the EHA Market Rental units. VIL DISCUSSION ITEMS ( .. Chairman Bums stated that fonner commissioner, Brad Zieg, called him on February 21, 1995. Mr. Zieg stated that he wanted to offer his services to the EHA Board to work on the development project currently under consideration by the EHA Board. Chairman Bums stated that he wanted to discuss this matter with the Board with attorney run Wagenlander present since Brad expressed his understanding that there was no grace period from the time he resigned from the Board until he could work for the Board on this project. Letters from Mr. Zieg and his attorney were presented disputing the EHA' s claim of conflict of interest and expressing Mr. Zieg' s interest in working for the EHA on this project . Attorney Wagenlander handed out information on the State of Colorado Code ofEthics [___--,, housing authority law pertinent to conflicts of interest. W agenlander also stated that part of the Annual Contributions Contracts (ACCs) the housing authority has with HUD address conflicts of interest and the prohibition of HUD funds being used in such situations. W agenlander also stated he felt it was improper for Mr. Zieg to provide paid services to the EHA Board on this development project and summarized his observations and recommendations to the Board on this issue. He stated that he felt it was improper under Colorado law, at least at this time, for the Authority to entertain, consider, or agree to fonner board member, Brad Zieg, being paid for services on the proposed project in question. Wagenlander's reasoning was that Mr. Zieg had (1) improperly initiated contract proposals to both the Authority and to the potential developer when he was a board member, (2) Brad also failed to properly and publicly disclose the proposals he had made to the potential developer, (3) that Brad had acquired, as a member of the EHABoard, confidential information about the project as well as about the related services he is seeking to perfonn; (4) Brad took the lead on the Board in promoting and advocating the project he now seeks to be employed under, (5) that Brad has not been off the Board for six months; and (6) the Authority would be violating its own procurement policy by not publicly inviting competitive proposals for this work. Aside from the above legal prohibitions, Wagenlander recommended as a matter of policy the Authority not hire any former Board member or fonner employees who in their prior cap~ with the Authority did one of two things : (1) that they were significantly involved with WOk__ 4 c:lwinword6\minutcs\EH02229 ~ .doc -=· EHA BOC Regular Meeting 02/22/95 under consideration under the new employment situation or (2) that they had gained inside confidential information that is otherwise not known to other parties. Establishing such a policy in practice would be fair and in the best interests of the Authority and provide a common standard for all types of Authority projects whether HUD or not; and most importantly, to avoid conflicts of interest or the appearance of conflicts of interest. Wagenlander stated that the State Code ofEthics which applies to state and local public officials could be used as a guideline and states a public official or local government official or an employee should not within six months following the termination of his office or employment obtain employment in which he will take direct advantage unavailable to others of matters with which he will be directly involved during his tenn of employment. Wagenlander stated that HUD projects state that for one year a board member or employee cannot have an interest in a project directly or indirectly. Chairman Burns asked if the EHA could adopt these standards as its own policy. Wagenlander stated that the EHA Board could adopt these standards and also had a responsibility to establish a conflicts of interest policy, adhere to it and apply it uniformly to everyone including past employees and all former Board members however they should have their employment or position end. Wagenlander stated he felt the EHA Board could establish a temporary standard now for the next 30 to 60 days until the Board is able to come up with a more comprehensive conflict of interest policy. Attorney Wagenlander proposed the following language which narrows the application but is still broad enough to not be limited to any one individual or one situation as an interim policy with a 60 day sunset application with the understanding that the Board wishes to have a permanent policy submitted to them before the 60 days expires: "The Authority will not hire any former board members or former employees who in their prior capacity with the Authority were significantly involved in the particular project under consideration or gained inside confidential information that is not otherwise known to others." EID Malinowski felt this was too restrictive and prevented him from hiring an employee on a temporary basis to help out in a transition, for example. Attorney Wagenlander suggested changing "or" after "consideration" to "and." c:\winword6\minuta\EH02229, .doc .e EHA BOC Regular Meeting 02/22/95 MOTION VICE CHAIRMAN NORDEN MOVED TO ADOPT AS A TEMPORARY CONFLICT OF INTEREST POLICY FOR THE NEXT 60 DAYS THE FOLLOWING LANGUAGE: "THE ENGLEWOOD HOUSING AUTHORITY WILL NOT HIRE ANY FORMER BOARD MEMBERS OR FORMER EMPLOYEES WHO IN THEIR PRIOR CAPACITY WITH THE AUTHORITY WERE SIGNIFICANTLY INVOLVED IN A PARTICULAR PROJECT UNDER CONSIDERATION AND WHO GAINED INSIDE, CONFIDENTIAL INFORMATION THAT IS NOT OTHERWISE KNOWN TO OTHERS." COMMISSIONER INNES SECONDED THE MOTION. Ayes: Nays: Burns, Norden, Innes None Abstained: None Absent: None The Chairman declared the motion carried. Chairman Bums brought up the letter which Brad Zieg and his attorney had written to the Board which disputed the Authority's conflict of interest claim. Wagenlander stated that the Authority should respond to the letter and explain that because of the temporary conflict of interest policy and for other legal reasons the Authority will not entertain the proposal contained therein. Chairman Bums said he would call Brad Zieg next week. EID Malinoc--' : offered to call the next day also to let Mr. Zieg know as quickly as possible. · / A B. and C Executive Session to discuss real estate matters. MOTION VICE CHAIRMAN NORDEN MOVED TO ENTER INTO EXECUTIVE SESSION AT 1:35 PM TO DISCUSS REAL ESTA TE MATTERS. COMMISSIONER INNES SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Norden, Innes None None None The Chairman declared the motion carried. 6 c::\winword6\minuta\EH022295 .doc l . EHA BOC Regular Meeting 02/22/9S MOTION COMMISSIONER INNES MOVED TO RECONVENE THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS AT 9:40 P.M. VICE CHA1RMAN NORDEN SECONDED THE MOTION. Ayes: Burns, Norden, Innes Nays: None Abstained: None Absent: None The Chairman declared the motion carried. MOTION VICE CHA1RMAN NORDEN MOVED TO ACCEPT THE OFFER TO PURCHASE 3341 SOUTH PENNSYLVANIA STREET FROM PHIL AND CYNTilIA CANNON FOR A PURCHASE PRICE OF·S95,000. COMMISSIONER INNES SECONDED THE MOTION. Ayes: Burns, Norden, Innes Nays: None Abstained: None Absent: None The Chairman declared the motion carried. VIII. FINANCIAL REPORTS No financial reports were presented for this meeting. IX. CONSENT AGENDA Noted with brief discussion . c::\winword6'minuta\EH0:2Z:29, .doc 7 • EHA BOC Regular Meeting 02/22/9S x. GENERAL DISCUSSION A Commissioners' Choice MOTION VICE CHAIRMAN NORDEN MOVED TO SEND THE NAMES OF DEBRA MEDLOCK AND STEVE MULHERN TO CITY COUNCIL AS THE ENGLEWOOD HOUSING AUTHORilY BOARD OF COMMISSIONERS' RECOMMENDATIONS TO FILL THE TWO VACANT POSmONS ON THE EBA BOARD. COMMISSIONER INNES SECONDED THE MOTION. Ayes: Burns, Norden, Innes Nays: None Abstained: None Absent: None The Chairman declared the motion carried. MOTION CHAIRMAN BURNS MOVED THAT THE FIRST TWO INSTALLMENT PAYMENTS ON THE ENGLEWOOD HISTORICAL SOCIETY DEPOT INSURANCE BE PAID BY THE£ . EBA AND INCLUDED IN THE LOAN TO THE ENGLEWOOD HISTORICAL SOCIET\. / COMMISSIONER INNES SECONDED THE MOTION. Ayes: Burns, Norden, Innes Nays: None Abstained: None Absent: None The Chairman declared the motion carried. B. Director's Choice Nothing presented for discussion 8 c:\winword6'.rninutcs\EH02229,.doc - ' 1 ·• '• ( ~ . ' EHA BOC Regular Meeting 02/22/9.S XL ADJOURNMENT MOTION VICE CHAIRMAN NORDEN MOVED TO ADJOURN THE REGULAR MEETING OF' THE ENGLEWOOD HOUSING AUTHORl'IY BOARD OF' COMMISSIONERS HELD FEBRUARY 22, 1995, AT 9:45 P.M. Ayes: Burns, Norden, Innes Nays: None Abstained: None Absent: None The Chairman declared the modon carried. 9 c:\winword6\minula\EHOlll9 !I.doc: