NACO SANITARY DISTRICT
SPECIAL MEETING
July 1, 2021, at 5:00 PM
3847 South Towner Ave.
Naco AZ 85620

AGENDA

ANY ITEM ON THIS AGENDA IS OPEN FOR DISCUSSION

THE ORDER OR DELETION OF ANY ITEM ON THIS AGENDA IS SUBJECT TO MODIFICATION AT THE MEETING

CALL TO ORDER

ROLL CALL

Charles Behney, Stephen Dey, Robert Orlowsky, NSD Directors.

AGENDA DISCUSSION AND ACTION ITEMS

OLD BUSINESS

Read and approve the minutes for June 1, 2021 Meeting.

Discuss and approval on website for public notices and records.

Discussion and approval to advertise and hire a remote operator for the WWTP.

Discuss and approve hiring a WWTP onsite representative.

Discuss and approve hiring a certified public accountant.

Discuss and approval of the security and storage of records.

NEW BUSINESS

Discussion and approval of the NSD preliminary budget for FY21-22.

Discuss and approve advertising the NSD budget in local newspapers.

Discuss and approve check signatories.

Discuss and approve payment of $150 a month for board members as per ARS Title 48.

CALL TO THE PUBLIC

PURSUANT TO THE AMERICANS WITH DISABILITIES ACT (ADA), the Naco Sanitary District does not, by reason of a disability, exclude from participation in or deny benefits of services, programs, or activities, or discriminate against any qualified person with a disability.

NACO SANITARY DISTRICT IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

Minutes of meetings or appropriate supporting documentation available upon written request to:

NACO SANITARY DISTRICT
P.O. BOX 755
Naco, AZ 85620
Voice Mail: (520)432-7910

POSTED BY: Charles Behney NSD Director

POSTED ON: 6/29/2021 7:00 PM

POSTED AT: Naco Fire Station; United States Post Office, Naco

Proposed NSD Budget for FY2021 and 2022:

NSD BUDGET FY2021 and 2022 SIGNATURE

PROCEEDINGS OF THE NACO SANITARY DISTRICT
MEETING
HELD ON TUESDAY, JUNE 1, 2021

A board meeting of the Naco Sanitary District was held on Tuesday, June 1, 2021 at 6:02p.m. at 3847 South Towner Ave. Naco AZ 85620.

Stephen Dey called the meeting to order at 6:01 PM.

Present: Charles Behney, Stephen Dey, Robert Orlowsky, NSD Directors. Monika Patience, CPA, Juan Flores, Attorney at Law, on conference call.

The first order of business was review and approval of the minutes of the last meeting. Mr. Dey made a motion to approve the minutes as written, Mr Behney seconded the motion. The motion was unanimously approved.

Mr. Dey stated that the agenda items would be discussed but no action would be taken at this meeting.

Mr. Dey stated that the NSD still has not possession of the bank accounts. The bank informed Mr. Dey that the county needed to authorize access to the account(s). Mr. Dey said he would take care of this task.

Mr. Dey said NSD had one outstanding bill to the testing laboratory. We are behind in testing compliance.

Mr. Flores asked about the bills. Mr. Dey replied that bills could be paid with a consent agenda, where the recurring bills are paid and reviewed by the board, and then approved with a consent agenda. Any special procurement would need to be approved by the board.

Mr. Flores advised NSD to get the physical possession of the checkbooks, and then remove the current signatory on the account with the NSD Chair. Mr. Flores asked if the NSD had an officer who was a treasurer? Mr. Dey replied that he was told by the bank to come in and become a signatory on the account. When the former NSD board quit, they turned ‘everything’ over to the county. Mr. Flores said that sometimes there are two signatories required for accounts.

Mr. Flores advised against voting on this item until the next meeting. Mr. Dey stated that these discussion items could be voted on at a special meeting.

Mr. Flores spoke about his experience as a government attorney. He will help NSD as a temporary attorney as needed by the NSD. Mr. Dey stated that NSD would need to print notices in the press for any job openings. Mr. Flores will give counsel as a volunteer as needed.

Mr. Dey and Mr. Behney recommended the NSD Chair be the signatory for NSD business, to be voted on as needed by the directors.

Mr. Dey said that the former NSD board had no budget. NSD property is currently stored with the county. Mr. Flores will help with the budget.

Mr. Dey will hold a work session followed by a special meeting as necessary to resolve the budget. Mr. Dey and Monika Patience will work with the issue of the budget.

Mr. Dey made a motion for a work session and special meeting for 6-8-2020. Mr. Behney seconded the motion, which was approved unanimously.

Mr. Dey discussed the temporary NSD website created by Mr. Behney and the need for a permanent NSD website. Access to NSD checks are needed to pay for the permanent NSD website. Mr. Dey expressed concern that the public is unaware of NSD activities and business and a web presence will improve their understanding of NSD taxes and billing.

Mr. Dey reported that the NSD WWTP is under ongoing compliance issues with the Arizona Department of Environmental Quality. Mr. Dey initiated the complaint that has led to NSD WWTP being cited by ADEQ for noncompliance of the Aquifer Protection Permit. Mr. Dey is concerned that NSD has failed to properly maintain and administer its assets for several years leaving the district in disrepair and noncompliance.

Mr. Dey stated that NSD needs to advertise for a grade one site operator in the local papers. NSD can employ Ms. Sue Vetter on a temporary basis until a permanent site operator is hired. Ms. Vetter can develop a site plan regarding the requirements of the site operator, as stated in the Aquifer Protection Permit. Mr. Dey will study for becoming a grade one site operator if needed.

Mr. Behney suggested a liaison with Sherry Martinez, a bookkeeper who has worked with NSD budgets and financial statements in the past. Mr. Dey wants all hiring to comply with Arizona statutes and equal opportunity standards. Mr. Flores agreed that NSD needed an attorney on a contingency basis. Mr. Dey was concerned that Bisbee effluent discharges could need legal counsel.

Mr. Flores counseled for NSD to not stray from the current agenda. Mr. Flores offered to help write the agenda in a more proper form for legal sense. Mr. Flores requested copies of the current NSD business.

Mr. Dey asked Ms. Patience to help NSD on an interim basis, as needed. Mr. Behney suggested that a CPA might audit the NSD regarding past business transactions of the NSD. Mr. Dey is concerned about the chain of custody regarding NSD records. Mr. Dey stated that NSD bills must be paid as a priority.

Mr. Dey noted that the NSD financial statement is past due and was needed at the end of February.

Mr. Dey has located office space for $300 a month from Tommy Thompson. Some work is necessary for this space.

Mr. Dey asked for public comment.

Ms. Patience asked for a bank statement and Mr. Dey stated that he would get county access to the books. Ms. Patience needs the addresses of all of the NSD clients.

Mr. Dey motioned to adjourn the meeting, which was seconded by Mr. Behney. The meeting was adjourned at 6:27 PM.

Naco Sanitary District Meeting 6-1-2021 Audio:

PROCEEDINGS OF THE NACO SANITARY DISTRICT
SPECIAL MEETING
HELD ON TUESDAY, MAY 20, 2021

A special board meeting of the Naco Sanitary District was held on Thursday, May 20, 2021 at 6:02p.m. at 3847 South Towner Ave. Naco AZ 85620.

Present: Charles Behney, Stephen Dey, Robert Orlowsky Directors

Charles Behney called the meeting to order at 6:00 PM.

The first order of business was to select a Chair and a Vice Chair. Stephen Dey nominated himself. Mr. Behney and Mr. Orlowsky also nominated Mr. Dey. Stephen Dey was elected NSD Chair unanimously.

The meeting was adjourned and immediately re-convened

with Mr. Dey conducting the meeting as Chair at 6:03 PM.

Charles Behney nominated himself for Vice-Chair, and Mr. Orlowsky seconded. Mr. Behney was unanimously elected to be Vice-Chair.

Mr. Dey then nominated Mr. Behney to take and write minutes. Mr. Behney seconded the motion which was then passed unanimously.

Mr. Dey then called roll again. There was no call to the public, as no members of the public were present.

Mr. Behney made a motion to set the first Tuesday of the month for regular NSD meetings at 6:00 PM. Mr. Dey seconded the motion. Location to be determined. Posting locations will be a website, the post office and the fire station. The motion carried unanimously.

Mr. Dey stated that he would set the agenda, NSD directors can write or phone their agenda items to the Chair, for inclusion.

Mr. Behney recommended Courtesy Notices for any potential quorums during work sessions for public gatherings to keep the public informed.

Mr. Dey made a motion that all agenda items be sent directly to the Chair by email or phone and that the Chair is in charge of producing the agenda. Mr. Behney seconded this motion. The motion passed unanimously.

Mr. Dey revised the agenda to start the process to hire a temporary CPA, while advertising for a permanent staff. Mr. Behney suggested paying for space at the Bisbee Observer for hiring staff.

Mr. Dey made a motion to hire a temporary CPA until a permanent CPA was hired. Mr. Behney seconded the motion. The motion passed unanimously.

Mr. Behney suggested that we need a CPA to liaison with Sherry Martinez. Mr. Dey suggested no action be taken on Ms. Martinez until further information is gathered. This will be placed on unfinished business for the next meeting.

Mr. Dey discussed the need for a temporary attorney until a permanent attorney. Mr. Behney suggested former Douglas City Attorney Juan Flores as a temporary attorney. Mr. Dey made a motion to solicit Mr. Flores as a temporary attorney. Mr. Behney seconded the motion which passed unanimously.

Mr. Dey suggested that we need legal advice for obtaining the legal records of the NSD that have been unavailable to the pubic and kept in homes. Mr. Behney discussed the history of NSD records being kept in homes, and how he compelled NSD to secure the public records with the Cochise County Board of Supervisors, to protect and secure them for both public inspection, audits and other public business necessary for managing the NSD.

Mr. Behney sent letters to the county attorney and clerk of the board, demanding that the NSD records remain secured for the public. Instead the records were returned to private homes of NSD staff and directors which broke the chain of custody for these public records.

Mr. Dey will consult with the NSD attorney to properly obtain the records in a legal manner.

Mr. Behney suggested we pay bills and find the physical location of the NSD telephone.

Mr. Dey deferred any further discussion regarding bills until the regular meeting on June 1^st.

Mr. Behney will send bylaws and other important documents to Mr. Orlowsky.

Regarding ADEQ and the NSD consent order, Mr. Dey mentioned the lack of an operational plan, a vegetation abatement plan, and other issues such as insurance and other past due bills.

Mr. Behney discussed posting courtesy notices regarding the ADEQ abatement at the WWTP. Mr. Behney will begin translating important NSD notices and agendas.

Mr. Dey will place the website business on the next agenda.

Mr. Dey motioned to adjourn the meeting. Mr. Behney seconded the motion. The meeting was adjourned at 6:28 PM with unanimous consent.

NSD minutes 5-20-21