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HomeMy WebLinkAbout00. BOARD AGENDA 11-23-19481 RECORD OF A DISCUSSION MEETING The following persons were present at a discussion meetin, previously arraned for this date: BOARD MEMBERS SMITTEN, TOLAND, WEILL AND WADS WORTH . MR. WM. H. BRAILSFORD, ATTORNEY FOR THE DISTRICT CLYDE C. KENNEDY, DISTRICT ENGINEER RICHARD R. KENNEDY, DEPUTY DISTRICT ENGINEER R. ROBERT W. HARRISON, ATTORNEY, PRESENT AT INVITATION BY C. C. KENNEDY. President Wadsworth desired to establish the status of the meeting. At the previous meeting there had been a motion that Ahe Board meet with Clyde C. Kennedy to discuss his contract, the date was set as November 23, 1948, and Member Smitten asked that the meeting be held as an open meeting. The motion to adjourn the previous meeting did not state that adjournment would be to November 23, therefore it was decided that this meeting was to be a discussion meeting only. Hr. Brailsford reported to the Board that he had met with Clyde C. Kennedy regarding the desire of the Board to make a change on Local Improvement District Proceedings. Mr, Kennedy proposed that he would complete his part of the contract which he had started, including the sewage disposal plant, the main trunk sewers, and the local im provement districts started or author, zFd up to and including Local Improvement District No. 12. When this work was completed, Mr. Kennedy would sever his connection with the District and the District could carry on in any manner it saw fit. Mr. Kennedy offered an alternative to this plan, whioh would be termination of the contract at the present moment. Mr. Kennedy would submit to arbitration for determining the amount of compensation due for work done to date. Mr. Brailsford further stated, regarding the reimbursable items under Section III of the contract, that under the Improvement Act of 1911, Mr. Kennedy has to issue a certificate in each local improvement district, certifying that the work has been done in each ease, ' and he would only issue the certificate based on information from employees solely responsible to him. There could be no severance of contract. Mr. Clyde C. Kennedy informed the Board that he had asked Hr. Harrison to appear and answer all questions regarding his contract. He stated that Mr. Brailsford had presented the matter fairly, and a majority of the Board, at a regular meeting, could declare the position open if they wished. He said he was wiling to have the contract severed, but under the terms of the contract, he would have to be paid for the amount of work now under way. Mr. Brailsford asked Mr. Kennedy how much it would mount to and Mr. Kennedy replied that it would have to be calculated, but in round figures about $100,000. -2 - Mr. Harrison summarized the contract, stating that the primary objective was to accomplish construction of a sewage treatment plant and a sewer system. That local improvement districts were a part of a sewer system, and the contract contemplates that assessment districts shall be a means of accompli ehing the ultimate objective. This is confided to the Engineer. The Engineer has to give the final certificate and would not be willing to issue it unless the wort had been done by employees under him in whom he had confidence. Mr, Toland enquired if Mr. Kennedy would be 'tiling to have the District take over the employees to do the engineering work under a supervisor in Mr. Kennedy's employ, in order to save the 25% and 5o% overhead and supervision, and Mr. K nnedy advised the Board that they could save 25% by taking over the payroll, but he was entitled to $O, and the employees would have to be under his direction. Mr. Smitten offered figures to show that under the same hours and the same payroll that Mr. Kennedy bas carried for the past seven months, the District would have spent an additional $10,482.13 for the same period of time. He would like to see figures showing how and where the District could effect a saving. r Toland - remarked that the equipment could be owned and operated by the District at less cost than the rentals and 25% overhead that was now being paid to Mr. Kennedy. Be stated that the contract should be revised, that when it was drawn up two years ago by Mr. Kennedy circumstances were not the same. Mr. Kennedy reminded the Board that he did not draw up the contract, that it had been drawn up by Mir.. Tuttle, a former Board member. When asked by Mr. Wadsworth if he thought the Distriot needed a manager, Mr. Kennedy replied that the District had nothing in the field to be managed as yet, but if they wanted an office manager there was no reason they shouldn't have one. Mr. Harrison informed the Board that if the contract is modified by agreement there would be no objection to having the district do the future local improvement district work. Mr. Kennedy stated that he had given his word that he will withdraw when the started work is completed if that is the will of the Boards and that he will not interfere if the District goes ahead with other work. But that the District should chem and make sure they had enough funds to start an engineering office of their own. Mr. Harrison said Mr. Kennedy would submit figures to the Board showing how much of the fund shall be set aside for the construction of the work started.