NACO SANITARY DISTRICT
WORK SESSION

Febuary 31, 2023 at 10:00 AM

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85603

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. WORK SESSIONS HAVE NO ACTION ITEMS REQUIRING VOTES.

CALL TO ORDER

ROLL CALL

AGENDA ITEMS

Report from the Chair. Status of grants applications. Budget work sessions and status. Discussion of reserve accounts. RCAC and NSD Advisor Mario Casillas.

Report from the Vice Chair. Short history of the Naco Community Wetlands Mitigation Plan and the update for Border 2025’s Request for Information. Draft affidavit of facts for grants and funders. The status of preliminary engineering with Huitt Zollars, NADBank – the Environmental Defense Fund request to partner with NSD.

Discussion and reading of emails regarding NSD, the Water Leadership Institute, RCAC, the Environmental Defense Fund, and Congressman Grijalva’s staff.

Questions and answers regarding NSD operations, the update for the Emergency Response Plan. ARPA and the NSD status as a Municipal Corporation.

 

CALL TO THE PUBLIC

This is the time for the public to comment. Members of the Board may not discuss items that are not specifically identified on the current agenda.

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) 353-4372

POSTED BY: Charles Behney NSD Director

POSTED ON: February 30, 2023 10:00 PM

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

Audio Recording – NSD Meeting 02-03-2023

NACO SANITARY DISTRICT
SPECIAL MEETING
February 3, 2023 at 10:00 AM

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85603

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

Selection of chairman, vice-chairman and secretary-treasurer.
Secretary-treasurer to take minutes, in accordance with a.r.s. § 38-431.01(b), for the meeting.

ROLL CALL

AGENDA ITEMS

Old Business

Read and approve the minutes for 10-4-2022.
Discuss and approve the Spanish translation of NSD Bylaws.

New Business

Discussion and Action – Set Meeting Dates, Times, Locations and Agenda Posting Locations.
Potential Future Agenda Items – the Board will not discuss the items listed below, but will schedule them for an upcoming agenda. Directors may add to this list during the meeting, but shall not discuss or take legal action on any item listed below.

Property Tax Review
Potential update to District bylaws

CALL TO THE PUBLIC

This is the time for the public to comment. Members of the Board may not discuss items that are not specifically identified on the current agenda.

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
(520) 353-4372

POSTED BY: Charles Behney NSD Director
POSTED ON: January 31, 2023 12:30 PM
POSTED AT: Naco Fire Station; United States Post Office, Naco

The Naco Sanitary District has a new phone number: 520-353-4372.

Audio File for October 4, 2020 Meeting

SPECIAL MEETING
MINUTES
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620
September 12, 2022, at 10 PM

Minutes

NSD Chair Stephen Dey called the special meeting to order at 10:10 PM. Present: Charles Behney, Stephen Dey, Jesus Guerrero, Andrew Foster absent, Robert Orlowsky, excused. Ms. Monika Patience was also present.

Under old business, the minutes were revised from a special meeting to a regular meeting. Mr. Dey made a motion to accept the meeting, which was seconded by Mr. Behney. The minutes were approved unanimously.

Mr. Dey changed the order of New Business to discuss the rate increase before the letter to customers regarding rates. Mr. Dey stated that a rate increase was necessary to prevent NSD from running out of operating expenses. NSD barely has enough funds for basic needs, such as the office and testing. An increase of either $25 or $27 was brought up by Mr. Dey. Mr. Dey suggested a temporary rate increase for six months, and then the board would readdress it. Mr. Behney asked for the record that the rate increase was necessary due to past due accounts from residents and businesses not paying. Yearly customers would not be charged extra. Mr. Dey wanted to know how many monthly customers would be affected by the rate increase. Mr. Behney noted that 150 customers paying $25 a month would raise $3750 in revenues. Mr. Dey stated that tax revenues were soon to arrive, and some other customers were now paying. Mr. Behney suggested a rate of $25 while Mr. Dey considered a $27 increase.

Mr. Behney made a motion to raise the rates to $25 for six months, after which it will be revisited. Mr. Dey amended the motion to raise the rates to $25 a month for monthly customers, for six months, effective on November 1^st until May 30, 2023. Any customer can pay the yearly fee of $170 until November 1^st, 2022. After that it will rise in accordance with the new fees, to be readdressed in six months. The motion was seconded by Mr. Behney and then passed unanimously.

Mr. Behney read the rough draft of the letter to NSD customers. The board edited the letter and unanimously approved this draft for November:

Dear Naco Sanitary District Customers,

There are several Naco Sanitary District customers who have not paid for their sewer services and are past due.

These past due accounts owe the NSD approximately $30,000, as of September 9, 2022. Because of this, NSD will need to raise their rates to $25.00 for the next six months to continue to provide services for the Naco community.

Customers who are not paying will have their services discontinued, their water may be disconnected, and a lien may be placed on properties that have non-payment and past due accounts. Cochise County may condemn the property.

After six months, when the NSD accounts are no longer past due, the rates may be reduced again.

The former NSD Board of Directors received a Notice of Violation that caused the wastewater treatment plant to go out of compliance with the Aquifer Protection Permit. This cost NSD $15,000 to bring the WWTP back into compliance.

The required flowmeter was over twenty years old and was out of warranty and no longer functioned. NSD paid $20,000 for a new, automated flowmeter to remain in compliance with ADEQ.

As a result, reserve accounts were emptied, so NSD must raise rates and refill our reserve accounts for the community’s waste and sewer services.

Sincerely,

The Naco Sanitary District Board of Directors

Mr. Dey spoke about the past due letter that will need to be on a future agenda.

The meeting was adjourned at 10:35.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair October 4, 2022

NACO SANITARY DISTRICT
P.O. BOX 755
Naco, AZ 85620

REGULAR MEETING
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620
October 4, 2022, at 5 PM

AGENDA

ROLL CALL

OLD BUSINESS

Discuss and approve the minutes for September 12,2022 Special Meeting of the NSD.

OLD BUSINESS

Discuss, edit and approve the draft of the Spanish bylaws, and draft version the notification letter to past due accounts and their status.

Discuss past due accounts and their financial status.

Discuss phone status.

NEW BUSINESS

Discuss the Cochise County Board of Supervisors approval of Jesus Guerrero, Angelica Coronado, and Andrew Foster to the Naco Sanitary District board, effective December 1, 2022.

Discuss the Professional Engineering Review that the USDA, ADEQ and WIFA representatives are conducting for NSD, regarding the WWTP, rate planning, grants, and loans.

MEMBER AND STAFF COMMENTS

CALL TO THE PUBLIC

Comments by the public are usually limited to three minutes per person.

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 are online and available upon written request to:

NACO SANITARY DISTRICT
P.O. BOX 755
Naco, AZ 85620

POSTED BY: Charles Behney NSD Director

MEETING MINUTES
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620
September 6, 2022, at 5 PM

Minutes

NSD Chair Stephen Dey called the special meeting to order at 10:06 PM. Present: Charles Behney, Stephen Dey, Andrew A. Foster, Jesus Guerrero, Robert Orlowsky, excused. Ms. Monika Patience was also present.

Mr. Dey made a motion to accept the minutes of the meeting of July 6, 2022 as written. The motion was seconded by Mr. Behney and was passed unanimously.

Under old business Mr. Behney spoke about the decision to write a letter on past due accounts to customers that was agreed during the prior meeting, and the need to finish it, despite unforeseen personal problems that postponed the writing.

Mr. Behney and Mr. Guerrero are translating and editing the English bylaws into Spanish, to provide to the community with the letter regarding past due accounts.

Mr. Dey reported that the owner of the RV Park has agreed to pay for one year in advance, based on 35 units average.

Mr. Behney will check the assessor and treasurer property records and make sure they are current with the NSD billing. Mr. Guerrero reported that a few customers complained about not having information on the bills, such as past due amounts.

Ms. Patience stated that currently the bills are for what is owed. Mr. Guerrero stated that one customer was not aware that they could pay in the office. Ms. Patience stated that past due amounts could be added to the bill, but it would take some time and effort for this.

Mr. Behney suggested placing this in the draft letter. Mr. Guerrero said he was still learning the system, yet a few people wanted to pay every six months.

Mr. Dey said that if they were renters, instead of owners, the landlords are responsible. Mr. Guerrero said that some renters were sending the money to their landlords, not NSD.

Mr. Behney will come in and look at the current status of the county assessor records, and line by line review the addresses in Quickbooks. Mr. Behney will also contract with Sparklight for an office phone, instead of Centurylink’s lack of service.

Mr. Dey stated that the prior NSD board had complicated these matters, as many customers never received a bill in years. The previous administration never gave NSD the phone code necessary for hearing voicemails on the NSD phone line.

Mr. Behney will audit the current past due bills, against the latest county assessor and treasurer records to find whether property owners are receiving the bills. Mr. Behney will look at the records, obtain new phone services and write a draft letter to the NSD customers.

Mr. Dey stated that raising the rates was missing from the agenda, and it was the most important matter for NSD. Mr. Behney suggested holding a special meeting to discuss and approve rates.

Mr Dey suggested sending the NSD bylaws to the customers with a bill stating past due amounts. There are no excuses for customers who refuse to pay. The RV wants to hook up more lots to NSD lines.

Mr. Behney inquired about holding a special meeting for 9/12/2022 to address the rate increases.

Next agenda item concerned writing a Request for Proposal for an attorney. Mr. Behney made a motion to fill out an RFP form to write a draft RFP for an attorney. Mr. Dey seconded, and the motion carried unanimously.

The agenda item to discuss and approve the Spanish translation of the NSD Bylaws was tabled for the next agenda.

Mr. Behney made a motion to write a draft letter with Ms. Patience for the NSD board to discuss and approve when written. Who is required to pay, why they must pay, and the consequences of not paying. Mr. Dey claimed some past due amounts may be waived, if proper. Mr. Dey said that if everyone was paying their bill, then NSD would have enough revenue to function without problems.

Mr. Behney recommended placing money in reserve accounts.

Mr. Dey made a motion for Mr. Behney to draft the letter, which was seconded by Mr. Behney. The motion passed unanimously.

Mr. Behney suggested that the Chair call a special meeting.

Mr. Dey announced a special meeting on September 12, 2022 at 10PM to discuss and approve rate increases, and a letter to NSD customers.

The meeting was adjourned at 10:40.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair September 12, 2022

SPECIAL MEETING
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620
September 12, 2022, at 10 AM

AGENDA

ROLL CALL

OLD BUSINESS

Discuss and approve the minutes for September 6, 2022 Special Meeting of the NSD.

NEW BUSINESS

Discuss and approve the contents of a notification letter to past due accounts and their status.

Discuss and approve a rate increase.

CALL TO THE PUBLIC

Comments by the public are usually limited to three minutes per person.

MEMBER AND STAFF COMMENTS

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 are online and available upon written request to:

NACO SANITARY DISTRICT
P.O. BOX 755
Naco, AZ 85620

POSTED BY: Charles Behney NSD Director

POSTED ON: 9/11/2022 9:00 AM online

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

GENERAL MEETING
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620
September 6, 2022, at 5 PM

AGENDA

ROLL CALL

OLD BUSINESS

Discuss and approve the minutes for July 6, 2022 Special Meeting of the NSD.

Discuss past due accounts. Approve collection methods for past due accounts.

NEW BUSINESS

Discuss and approve a Request for Proposal for a qualified attorney regarding past due bills, liens and other NSD business, as required.

Discuss and approve the Spanish translation of the NSD Bylaws.

Discuss and approve the contents of a notification letter to past due accounts and their status.

CALL TO THE PUBLIC

Comments by the public are usually limited to three minutes per person.

MEMBER AND STAFF COMMENTS

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 are online and available upon written request to:

NACO SANITARY DISTRICT
P.O. BOX 755
Naco, AZ 85620

POSTED BY: Charles Behney NSD Director
POSTED ON: 9/5/2022 12:00 PM online
POSTED AT: Naco Fire Station; United States Post Office, Naco Arizona.