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.