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HomeMy WebLinkAboutDistrict 08 Minutes 1952-10-22r ~ I~IINUTES OF REGULAR MEETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.~ October 22,1952 at ~:OO p.m. Room 239,~lO4 West Eighth Street The Board of Directors of County Sanitation District No.~met in regular session at the hour of ~:OO p.m., October 22,1952 in Room 239 at llO/~West Eighth Street, Santa Ana,California. Chairman Finch called the joint meeting of the Districts’ Boards to order at ~:l0 p.m. The roll was called and the Secretary reported a quorum of the Board to be present. Directors present:Harold E.Edwards (Chairman) Willis H.Warner Directors absent:John R.Cropper Approval of Minutes The Board of Directors took the following action: Moved by Director Willis H.Warner,seconded by Director Harold E.Edwards and duly carried: That the minutes of the meeting held on September 10, 1952,be approved as mailed out. Correspondence and The Secretary reported receipt of Communi~ions~certified quarterly aUdit report from the firm of Diehi and Company,and read balances of each Districts’funds. The Boards of Directors took the following action: Moved by Director Willis H.Warner,seconded by Director Vernon E.Langenbeck and duly carried: ‘iiat the audit report for the quarter ending Sept ember 30,1952,received from Diehl and Company,be received and ordered filed. The Secretary read a letter from Mary E.Gillespie,st4nographer in the office of the Joint Admin istrative Organization,requesting paid vacation. The Boards of Directors took the following action: Moved by Director Nelson IVI.Launer,seconded by Director Vincent L.Humeston and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11: —1— L;7 That Mary E.Gillespie,employed by the Districts as Senior Stenographer-Clerk in the Joint Administrative Organization,be and she is hereby authorized to take a vacation with pay beginring November 10,1952 to and including November 21,1952. Report of the Director Robert H.Boney,Chairman Executive Committee pro tern of the Executive Committee, reported upon the meeting held on October 17,1952,as follows: 1.Relative to the Boards’request for recommendation upon filling the vacancy created by the resignation of the Chief Engineer and General Manager,the Committee reviewed the many factors facing the Districts in establishing sound administration ~d organization of the joint Districts’program.After consideration of qualifications of men who had applied for the position,the Committee unanimously recommended the employment of Mr.Lee M.Nelson as Chief Engineer and General Manager upon a trial basis at a monthly salary of ~1,000 per month,and that the regular employment and amount of salary be determined by mutual agreement between the Districts and Mr.Nelson within a period not to exceed six months.Mr.Boney reported the Committee had been advised by Mr.Nelson that if the Districts desired his services,he could report for duty about November 1st. Director Boney stated that Mr.Nelson had previously been interviewed by a three man Committee comprised of Director Warner,Director ~iJarden and former Director Reed.Director Warner was called upon for further information as to the background of Mr.Nelson. Director Warner reported that at the time Mr.Nelson appeared before the Committee he was employed by the City of Rochester,Minnesota as Chief of the Utilities Commission;that he is a registered civil and electrical engineer and has now gone into private con sulting work.Dir’ector Warner stated that Mr.Nelson •enjoys a wide reputation as a very able man,even tempered and with the ability to work with and get along with people in very complex situations;that his qualifications would well fit him for the position now open where there will be a volume of administrative work the Manager will be called upon to carry out. E~ployment of The Boards of Directors took the Chief Enp.ineer following action: and General Manager Moved by Director J.L.McBride, seconded by Director Don B.Haiber and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11: That the report of the Executive Committee be approved and accepted;and that Mr.Lee M.Nelson be and he is hereby employed as Chief Engineer and General Manager for County Sanitation Districts Nos.1,2,3,5,6,7,~and 11 of Orange County,California,upon a trial basis at the monthly salary of ~l,000.O0 per month,effective Nov ember 1,1952;and that regular employment and amount of salary be determined by mutual agreement between the Districts and Mr.Nelson within a period not to exceed six months. -2-. Director C.M.Nelson,Chairman of the Board of Directors of County Sanitation District No.6 stated that inasmuch as Mr.Lee M.Nelson is his cousin,he believed it to be only ethical to sever his connections with the Districts and that he would resign as a member of the Board of his District. Business held over Director Boney requested that re clarification of terms the official action of the Executive of employment of legal Committee relative to employment ~ounse1 of legal counsel for the Districts be read from the minutes of the meeting of the Executive Committee;and that the resolution authorizing employment of Mr.Nisson be read. At the request of the Chairman,the Secretary read the following excerpt from the minutes of the meeting of the Executive Committee held on October 3,1952: “Directors present:Robert H.Boney (Chairman) Thomas J.Eadington,alternate for Mr.Hugh W.Warden J.L.McBride,alternate for Mr.Courtney R.Chandler •Braden Finch C.M.Nelson Vincent L.Humeston Others present:Raymond It.Ribal E.J.Marks K.J.Harrison Ora Mae Merritt,Secretary “After a full discussion upon the employment of an attorney for the Districts,a motion was made,duly seconded and carried,that recommendation be made to the Districts’ Boards that C.Arthur Nissan,Jr.,be employed as the attorney for the Districts at the rate of ~355.OO per month, providing Mr.Nissan terminates his employment as the City Attorney for Tustin.” The Secretary read Resolution No.9~,authorizing employment of C.Arthur Nisson,Jr.,as legal counsel for the Joint Administrative organization of the eight County Sanitation Districts,adopted by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11 on October 10,1951.This resolution was carried in full in the condensed minutes of the meeting of October 10,1951 which were approved by the Boards on October 24, 1951. The Chairman called upon Mr.Nissan for a report upon the terms of his employment.Mr.Nisson reported that he had no knowledge of the Executive Committee minutes and that he had not been asked by anyone to agree to termF of employ ment other than those contained in the Resolution of employ ment;that if the Boards desired his employment to be based upon the terms contained in the Executive Committee minutes,he would then report his decision. There followed a full discussion by the Directors as to whether or not there might be a conflict in services per formed by the legal counsel in serving a city and the Districts. The Boards of Directors took the following action: —3— Moved by Director Milford W.Dahi,seconded by Director Hur’h W.~iarden: That Mr.Nisson’s employment as Legal Counsel for the Districts be confirmed in accordance with Resolution No. 9~adopted by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11 on October 10, 1951: Director Boney spoke to the motion,stating at the time the Committee recommended Mr.Nisson’s employment, names of other attorneys presented to the Committee were eliminated from consideration because they were attorneys for cities within the Districts;that Mr.Nisson’s name was considered only because they were informed he would resign as the attorney for the City of Tustin if appointed legal counsel for the Districts. Director Langenbeck stated that he had been aware of the fact that Mr.Nisson had not resigned as attorney for Tustin but realized that it is difficult for a city to appoint an attorney upon short notice and he had not raised the question as to the terms of Mr.Nisson’s employment until the city had had sufficient time to appoint a successor to Mr.Nisson. Mr.Nis~on stated t1~at if the majority of the Boards desired that he make a decision to continue his employment in accordance with the minutes of the Executive Committee’s meeting,he would offer his resignation as legal counsel to the Districts,effectiv~as of October 31,1952. The Chairman called for roll call vote upon the motion: The vote was polled by roll call vote by Districts and the Secretary reported the motion lost by the following vote: BOARD OF DIRECTORS DISTRICT NO.1 Ayes:Directors Milford E.Dahi and J.L.McBride Noes:Director Willis H.Warner Absent:None BOARD CF DIRECTCi~.S 1JJ~3TL~XCT ~.2 Ayes:Directors Hug’n W.~iarde~i a:rid Charles E.Stevens Noes:Directors Willis H.Warner,Robert H.Boney,Don 13.Haiber and William H.Hirstein Absent:Director Frank J.Schweitzer,Jr. BOARD OF DIRECTORS DISTRICT NO.3 Ayes:Directors Hugh W.Warden,Nelson M.Launer,Joseph Tilebher and C.R.Mill~’ Noes:Director Willis.H.~Jarner Absent:None BOARD OF DIRECTORS DISTRICT NO.5 - Ayes:None Noes:Directors Braden.Finch,Norman H. Miller and Willis H.Warner Absent:None BOARD OF DIRECTORS DISTRICT NO,6 Ayes:None Noes:Directors C.M.Nelson,Willis H.Warner and Norman H.~1iller Absent:None BOARD OF DIRECTORS DISTRICT NC.7 Ayes:Directors Vincent L.Humeston, and J.L.McBride Noes:Director Willis H.Warner Absent:None BOARD OF DIRECTORS DISTRICT flU.~Ayes:Director Harold E.Edwards Noes:Director Willis H.Warner Absent:Director John R.Cropper BOARD OF DIRECTORS DISTI~ICT NO.11 Ayes:None Noes:Directors Willis H.Warner, Vernon E.Langenbeck and Roy Seabridge Absent:None After announcement of the vote,the Chairman requested the legal counsel to state the rule as to the status of a tie vote. Mr.Nisson reported that in the event of a tie vote,the motion would be lost. Mr.Nisson offered his resignation as legal counsel for the Districts,to become effective on October 31,1952. The Boards of Directors took the following action: Moved by Director Willis H.Warner,seconded by Director Vernon E.Langenbeck: That the resignation of Mr.C.Arthur Nisson,Jr.,as legal counsel for the Districts be accepted,effective October 31,1952. The vote was polled by roll call vote by Districts and the Secretary reported the motion lost by the following vote: BOARD OF DIRECTORS DISTRICT NO.1 Ayes:Director Willis H.Warner Noes:Directors J.L.McBride and Milford W.Dahl Absent:None BOARD OF DIRECTORS DISTRICT NO.2 Ayes:Directors Robert H.Boney,Don B. Haiber,Willis H.Warner and William H.Hirstein Noes:Directors Hugh W.Warden and Charles E.Stevens Absent:Director Frank J.Schweitzer,Jr. BOARD OF DIRECTORS DISTRICT NO.3 Ayes:Director Willis H.Warner Noes:Directors Hugh W.Warden,Nelson M.Launer,C.R.Miller and Joseph Webber Absent:None BOARD OF DIRECTORS - DISTRICT NO.5 Ayes:Directors Braden Finch,Norman H.Miller and Willis H.Warner Noes:None Absent:None —5— BOARD OF DIRECTORS DISTRICT NO.6 Ayes:Directors C.M.Nelson,Braden Finch and Willis H.Warner Noes:None Absent:None BOARD OF DIRECTORS DISTRICT ITO.7 Ayes:Directors Willis H.Warner Noes:Directors Venincent L.Humeston and J.L.McBride Absent:None T~OARD OF DIRECTORS DISTRICT NO.~Ayes:Directors Willis H.Warner Noes:Directors Harold E.Edwards Absent:Directors John R.Cropper BOARD OF DIRECTORS DISTRICT NO.fl Ayes:Directors Willis H.Warner, Vernon E.Langenbeck and Roy Seabridge Noes:None Absent:None Report of the Chief A motion was amde by Director Willis Engineer and General H.Warner,seconded by Director Roy Manager Seabridge and duly carried: That the report read by the Chief Engineer and General Manager be received and ordered filed. The Boards of Directors took the following action: Moved by Director Roy Seabridge,seconded by Director Willis H.Warner and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,~and 11: That Raymond M.Hertel,employed as Supervising E~gii’~eer by the.joint Count~r Sanitation Districts,be and he is hereby authorized to approve time cards,sign the payroll and warrant demands,sign letters requesting the County Auditor to transfer such funds as may be necessary for the payment of obligations, oversee the work now under construction,certify progress payments,prepare and.sign engineer’s certificates and estimates during the time that Raymond R.Ribal,Chief Engineer and General Manager is on vacation and until such time as Mr.Ribal’s successor arives. Warrant Register The Board of Directors took the following action: Moved by Director Willis H.Warner,seconded by Director Harold E.Edwards and duly carried: That District No.~Operating Fund Warrant Register be approved for signature and payment of: Warrant Demand No.In Favor Of Amount ~-23 Joint Administrative Fund of County Sanftation Districts Nos. 1,2,3,5,6,7 and 11 ~100.00 -6— Ad~j ournnient The Boards of Directors took the following action: Moved by Director Roy Seabridge,seconded by Director Charles E.Stevens and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5, 6,7,~and 11: That this meeting be adjourned to the hour of ~:OO p.m. Wednesday evening,October 29,1952,.in Room 239 at llOL~. West Eighth Street,Santa Ana,California. ATTEST: whereupon,the Chairman declared the meeting so adjourned. ~ Secretary,Board of Directors County Sanitation District No.~ Orange County,California County Orange County,California No.~ —7—