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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 HRA Meeting Minutes — Tuesday, August 18, 2015 Page 7 under the Ciry Manager's control, except you're really not since the HRA has that controL Mr. Bilotta opined that this simply broke down the structure. Chair Maschka noted the only other option at this point was to discontinue the agreement. Majerus clarified that motion before the Board at this time was to accept or reject this draft services agreement; not to say something else may not come along in the future, but for tonight, this is the status. Chair Maschka noted that it was now August and the 2015 services agreement had yet to be approved, indicating to him that the current system must work. While not disagreeing that some valid issues haven't been brought up, Chair Maschka stated his main concern was that the HRA and Ciry Council could retain and continue to build on their cooperative relationship. Member Wall clarified that no one felt otherwise, but keeping those interests in line, in sync and of a cooperative nature, the HRA Board couldn't be a puppet of the Ciry Council either when holding the responsibiliry to use its good judgment and act upon its fiduciary responsibiliry. Under those circumstances, Member Wall opined that the Board had no choice but to have the executive director's position one of independent support and not have that position clouded with the ciry's bureaucracy or government. Member Etten clarified that he was not in favor of the HRA hiring its own executive director, since there were obvious financial and professional benefits under this services agreement. Member Etten opined that if Ms. Kelsey were to map out her time in a detailed fortnat, there would be many indications of the give and take of her time and others collaborating in HRA efforts. Member Etten further opined that the HRA was different than the RVA in being funded through general t�es. From his perspective, Member Etten opined that there had to be some middle ground, and suggested this draft agreement get feedback from the Ciry Council, the Ciry Attorney as well as the HRA Attorney to create a fortnalized way to address roles for both parties. Specific to this draft of the services agreement in Section 2(Executive Director), Member Etten suggested the addition of "annuaP' related to the Ciry Manager's sole discretion in nominating a candidate, providing that additional checkpoint in line with HRA by-laws. On a related note, if it was the consensus of the Board, Member Etten suggested the by-laws could be amended to change "shalP' from "may" or some appropriate language providing steps to help the HRA's situation. Member Masche concurred, opining that Member Etten's comments and suggestions were well-stated. Member Masche opined that there was an agreement to be had, but he didn't feel comfortable with this draft or that it reflected the desire for a cooperative attitude between the Ciry Council and HRA Board. Member Masche noted that the executive director was the most important person perfortning the job of the HRA, and a document better reflecting tonight's discussion was needed. While recognizing that it more than time that an agreement be drafted and accepted, Member Masche agreed that this draft needed more work. After voting on the motion currently on the table, Member Majerus proposed getting the HRA and Ciry Attorneys together to draft a proposal to come before the body in a certain number of days yet to be detertnined based on their legal expertise. Member Wall opined that the HRA needed to provide a framework to the attorneys on those areas of this draft services agreement that the Board found acceptable and those it did not in order for them to understand where the Board was coming from. Member Wall suggested meeting with those legal representatives and having that discussion prior to another document coming back before the Board. Also, Member Wall noted the need for feedback from the City