BIG BEAR AREA REGIONAL WASTEWATER AGENCY
 REGULAR MEETING
September 25, 2002
at
122 Palomino Drive
Big Bear City, CA 92314

1. Call to Order

A regular meeting of the Governing Board of the Big Bear Area Regional Wastewater Agency was held on Wednesday, September 25, 2002 at 4:30 p.m. at 122 Palomino Drive, Big Bear City, California.A regular meeting of the Governing Board of the Big Bear Area Regional Wastewater Agency was held on Wednesday, September 25, 2002 at 4:30 p.m. at 122 Palomino Drive, Big Bear City, California.

Governing Board Members present: Bob Colven, Mary Cortez, Dr. Don Eads, Jeff Newsome and Bill Mellen

Governing Board Member absent: None

Others present: Ron Carducci, Cal West Consultants, Inc.; Troy Nash, Big Bear Grizzly; Shirley Bard and Laura Koepke, Government Watch; Chuck Rounds, Hal Hays Construction Company; and Ron Worthington, Engineering Resources of Southern California.

Staff present: Nancy Laughlin, Finance Manager and Steven C. Schindler, General Manager.

2. Pledge of Allegiance

Chairman Colven called the meeting to order at 4:32 p.m. with Board Member Cortez leading the Pledge of Allegiance.

3. Presentation

A. Chairman Colven advised those present that Mr. Bob Sellards and Mr. Bill Steele will not be in attendance at this meeting.

4. Consent Calendar

The Governing Board reviewed the items on the consent calendar. Upon motion by Board Member Newsome, seconded by Board Member Eads, and carried, the Board approved the consent calendar as follows:

A. Approval of the Agenda - Approved
B. Minutes of the Regular Meeting of August 28, 2002 - Approved
C. Monthly Summary of Operations Report - Informational
D. Monthly Cash Disbursements for August 2002 - Informational
E. Monthly Statement of Revenue and Expenditures, Actual vs. Budget August 2002 - Informational
F. Investment Report and Sewer Connection Report for August 2002 - Informational
G. Governing Board Member Reimbursement - Approved
H. Funding for the Shay Creek Hydrology Study - Approved

VOTES: 5-AYES
NAYS: 0

5. Old Business

A. Emergency Storage Pond - Discussion and possible action

Mr. Schindler advised the Governing Board that this item was carried forward from the August 13, 2002 Special meeting and the August 28, 2002 Regular meeting. He reported that the Engineer and Contractor have reached an agreement to the work and cost for the Change Order for the Emergency Storage Pond.

Mr. Worthington provided the Governing Board with the new work requirements and optional work that may be necessary. Mr. Carducci provided a summary of the negotiations and the purpose of this change. Mr. Worthington, Mr. Carducci and Mr. Rounds answered questions from Chairman Colven, Board Member Dr. Eads, and Board Member Newsome. Mr. Carducci and Mr. Schindler answered questions from Ms. Koepke.

Via telephone, Mr. Jeff Ferre of Best, Best & Krieger suggested that this issue be addressed using two separate motions as follows:

1. Award the contract and authorize the Change Order in an amount not to exceed $638,508.34; and
2. Authorize the inclusion of the exploratory work in the amount of $11,100, which should be included within this project and funded from the Bond proceeds.

Upon motion by Board Member Dr. Eads, seconded by Board Member Cortez, and carried, the Governing Board authorized entering into a contract with Hal Hays Construction for the Emergency Storage Pond and authorized a Change Order in an amount not to exceed $638,508.34.

VOTES: 5-AYES
NAYS: 0

Upon motion by Board Member Cortez, seconded by Board Member Mellen, and carried, the Governing Board authorized the inclusion of the exploratory work into the subject project and funding of $11,100 from the Bond proceeds.

VOTES: 5-AYES
NAYS: 0

6. New Business - None

7. Items Removed from the Consent Calendar - None

8. Information Items - Established Committee Reports

Chairman Colven provided a brief report of the Water Committee's activities and the activities of the IEMT. Mr. Schindler commented on the status of the reclaimed permits.

9. Manager's Report

Mr. Schindler provided a brief report of his activities since the August 28, 2002 regular meeting.

10. Public Forum Response - None

11. Public Forum

Ms. Koepke requested information on the Closed Session. Mr. Schindler advised her that he could not comment on the Closed Session.

Ms. Koepke asked why we were giving water away. Mr. Schindler requested clarification. Ms. Koepke commented on the Sun newspaper article. Mr. Schindler advised her that BBARWA would send an information package to the reporter.

Ms. Koepke inquired about one of the water tenders that were spilling from the top and bottom. Mr. Schindler advised her that BBARWA would prohibit future deliveries if the water tenders were leaking.

Ms. Bard commented on the Agency utilizing personnel and public funds to present information to the public.

12. Items for Future Agendas - None

13. Closed Session

A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION pursuant to Section 54956.9

Significant exposure to litigation pursuant to subdivision (b):
Number of potential cases: 1

The Governing Board entered into a closed session at approximately 5:00 p.m.

At approximately 7:00 p.m. the Governing Board returned to open session and reported that there was no reportable action.

14. Adjournment

With no further business to come before the Governing Board, Chairman Colven adjourned the meeting at 7:05 p.m.





________________________________________
Dr. Don Eads, Secretary of the Governing Board
of the Big Bear Area Regional Wastewater Agency

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