Sludge Watch ==> Nursery Products LLC - They don't have a facility in Calif but they got a raise!

[Maureen Reilly]

Sludgewatch Admin:

You know, there are some aspects of sludge financing I still find confusing.  Here is a case in point. In San Bernardino County California,much of  the local sewage sludge used to go to Nursery Products in Adelanto. That was an open air sewage sludge and greenwaste 'composting' site.  I say 'composting' because the site did not turn the compost piles to process the sludge in even the minimal fashion required by the Federal Part 503 regulations.  Eventually the lawsuits by the City of Adelanto and the neighbors to the site had an effect. A concerned judge forced the place to close.  The place generated hundreds of complaints about odor, dust, swarms of flies, and disease.

The place is shut, closed, gone, is no more.  

Ummm.....so why did the San Bernardino Board of Water Commissioners just reward Nursery Products with a contract to process and market their sewage sludge when Nursery Products has no completed EIR on the proposed facility near Hinkley?  And why did the Water Commissioners decide that this 'bad boy' of sludge deserved a raise in the contract to process sludge from $33.50 to $42  per ton?  Did this contract really get signed?  Don't the Water Commissioners talk to the hundreds of people whose lives were made a misery by this operator?

Could someone help me understand this?  See Item 9 on page 3

.............................................................................................
AGENDA

REGULAR MEETING

BOARD OF WATER COMMISSIONERS

Tuesday, May 2, 2006 - 9:30 a.m.

WATER DEPARTMENT BOARD ROOM

300 North D Street, 5th Floor

San Bernardino, California

The City of San Bernardino Municipal Water Department recognizes its obligation to provide equal access to

those individuals with disabilities. Please contact the General Manager's Office at 909/384-5091 two working

days prior to the meeting for any requests for reasonable accommodation.

CALL TO ORDER: a.m./p.m.

ROLL CALL:

COMMISSIONERS PRESENT:

COMMISSIONERS ABSENT:

STAFF PRESENT:

OTHERS PRESENT:

CLOSED SESSION

1. PURSUANT TO GOVERNMENT CODE SECTION(S):

MOTION: That the Board of Water Commissioners recess to closed session for the

following:

A. Conference with legal counsel - existing litigation - pursuant to Government Code

Section 54956.9(a):

City of San Bernardino Municipal Water Department v. U.S. Department of Defense

- United States District Court Case No. CV 96-8867-MRPP (VAPx).

B. Conference with legal counsel - anticipated litigation - significant exposure to

litigation - pursuant to Subdivision (b) (1), (2), (3) (A-F) of Government Code

Section 54956.9.

C. Conference with legal counsel - anticipated litigation - initiation of litigation -

pursuant to subdivision (c) of Government Code Section 54956.9.

D. Conference with legal counsel - personnel - pursuant to Government Code Section

54957.

Page 2 of 5 5/2/2006

E. Conference with legal counsel and security consultant on matters posing a threat to

the security of essential public services, including water, drinking water, and

wastewater treatment pursuant to Government Code Section 54957 (a).

F. Conference with labor negotiator - pursuant to Government Code Section

54957.6(a).

END OF CLOSED SESSION

RECONVENE MEETING

CALL TO ORDER: a.m./p.m.

ROLL CALL:

COMMISSIONERS PRESENT:

COMMISSIONERS ABSENT:

STAFF PRESENT:

OTHERS PRESENT:

2. ANNOUNCEMENTS BY MEMBERS OF THE BOARD OF WATER

COMMISSIONERS.

CONSENT CALENDAR

MOTION: That the motions indicated by consent calendar items 3 through 7 be

adopted, except for ____, ____, ____, and ___.

MOTION: SECONDED:

3. WAIVE FULL READING OF RESOLUTIONS

MOTION: That full reading of the resolutions on the regular or supplemental agendas

of the Board of Water Commissioners be waived.

4. PAYROLL

MOTION: Approve the payroll for the pay periods April 17, 2006 through April 30,

2006.

Page 3 of 5 5/2/2006

5. MINUTES

MOTION: That the minutes of the following meeting(s) of the Board of Water

Commissioners be approved as submitted in typewritten form:

March 7, 2006 and March 21, 2006

6. CONTRACTS AND BILLS

MOTION: Approve the payment of contracts and bills to be presented at this meeting.

7. PERSONNEL ACTIONS - APPOINTMENTS

1) Marshall Locke to the position of Water Reclamation Plant Supervisor, Range 260,

effective May 1, 2006.

2) Timothy Connor to the position of Water Utility Distribution Superintendent, Range

268, effective May 15, 2006.

MOTION: That the personnel actions be approved as submitted.

END OF CONSENT CALENDAR

8. ADDITIONS TO THE AGENDA: (if any) in accordance with Section 54954.2 (b) (2) of

the Government Code (Brown Act), a two-thirds vote (or a unanimous vote if less than twothirds

are present) is required to add an item for action provided that there is a need to take

immediate action and that the need for action came to the attention of the agency after the

agenda was posted.

MOTION: Approve an additional item(s) to be added to the agenda in accordance with

Government Code Section 54954.2(b) (2).

MOTION: SECONDED:

9. EXTENSION NO. 1 TO AGREEMENT FOR COMPOSTING OF BIOSOLIDS -

NURSERY PRODUCTS, LLC: On September 1, 2003, the Board entered into a contract

with Nursery Products, LLC for composting of biosolids and the distribution/marketing of

the biosolids compost end product. The contract expires on June 11, 2006. Nursery

Products, LLC has agreed to a two-year extension with an increase in price from $33.50 to

$42.00 per-wet-ton.

MOTION: Approve Extension No. 1 to Agreement for Composting of Biosolids with

Nursery Products, LLC, extending the contract from June 12, 2006 to June

11, 2008 with an increase in price from $33.50 to $42.00 per-wet-ton, and

authorize the President and Secretary to execute the extension.

MOTION: SECONDED:

Page 4 of 5 5/2/2006

10. SUPPORT SERVICES AGREEMENT WITH SUNGARD HTE: On September 23,

2003, the Board approved the acceptance and execution of a Supplement to the HTE

Software License and Services Agreement for the purchase of additional financial software

modules. The first annual renewal of the Support Services Agreement is due.

MOTION: Approve the acceptance and execution of the SunGard HTE Support

Services Agreement covering all software modules in the amount of

$97,341.26 for the period of July 1, 2006 through June 30, 2007 and

authorize the General Manager to execute the agreement.

MOTION: SECONDED:

11. REPLACEMENT VFD UNITS FOR AIR BLOWERS & SOLE SOURCE - SIEMENS

INDUSTRIAL SERVICES: A major plant upgrade in 1988 included 2 electric motors,

which were equipped with Variable Frequency Drives (VFDs) in order to meet discharge

requirements. The VFD's are over 18 years old, repairs are continuously being made to

them and replacement parts/electronic control boards or SCR's for electrical power

regulation to the motor windings are no longer available.

MOTION: Authorize Siemens Industrial Services as the sole source company to provide

and install 2 VFD units, as outlined in their proposal LAE-206-102-BH;

approve the purchase and installation of 2 Siemens LD-R Series MV VFD

units in the amount of $597,250, as referenced in Siemens Industrial Services

letter dated March 18, 2006 - Siemens Neg. No: LAE-2006-102-BH; and

authorize an increase of $597,250 to the WRP Division's Capital Fund

Budget for Fiscal Year 2005-2006 utilizing the Water Reclamation Division's

Depreciation Fund.

MOTION: SECONDED:

12. LONG-RANGE FINANCIAL MASTER PLAN FOR WATER UTILITY CAPITAL

IMPROVEMENTS: At the April 18, 2006 Board meeting, the Board requested that this

item be brought back to the May 2, 2006 meeting to discuss alternative financial scenarios.

(NO BACK-UP)

13. BUDGET WORKSHOP - WATER UTILITY FUND: It is recommended that a

workshop be held on the proposed Water Utility Fund Budget for Fiscal Year 2006/2007.

14. BUDGET WORKSHOP - ADMINISTRATIVE SERVICES FUND: It is recommended

that a workshop be held on the proposed Administrative Services Fund Budget for Fiscal

Year 2006/2007.

15. REPORTS:

A. Report of the President

B. Report of the Commissioners

C. Report of the Directors

D. Report of the General Manager

Page 5 of 5 5/2/2006

16. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation

shall apply to each member of the public who wishes to address the Board of Water

Commissioners on a matter not on the agenda. No member of the public shall be permitted

to "share" his/her three minutes with any other member of the public. Usually any items

heard under this heading are referred to staff for further study, research, completion and/or

future Board action.

17. ADJOURNMENT. The meeting adjourned at a.m./p.m.

NOTE: The next regular meeting is scheduled for 9:30 a.m., May 16, 2006 in the Water

Department Board Room, 5th Floor, 300 North "D" Street, San Bernardino, California.

NOTICE: Any member of the public desiring to speak to the Board of Water Commissioners

concerning any matter not on the agenda, but which is within the subject matter jurisdiction of the

Board of Water Commissioners, may address the body at the end of the meeting during the period

reserved for public comments. Said total period for public comments shall not exceed forty-five

(45) minutes, unless such time limit is extended by the Board of Water Commissioners. A threeminute

limitation shall apply to each member of the public, unless such time limit is extended by the

Board of Water Commissioners. No member of the public shall be permitted to "share" his/her

three minutes with any other member of the public.

The Board of Water Commissioners may refer any item raised by the public to staff for appropriate

action or have the item placed on the next agenda of the Board of Water Commissioners. However,

no other action shall be taken nor discussion held by the Board of Water Commissioners on any

item which does not appear on the agenda unless the action is otherwise authorized in accordance

with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been

conducted and closed.


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