REGULAR MEETING OCTOBER 1, 2008
The Arizona City Sanitary District Board of Directors held a Regular Meeting at 6:00 p.m., Wednesday, October 1, 2008, at the regular meeting place of 12922 S. Kashmir Road, Arizona City, Arizona.
Board Members Present: Richard Autry, David Campion, Joanne McKenzie, William Miller
Board Member Attending by Cecil Borboa
Telephonic Conference
Board Members Absent: None
Staff Present: Frank Andrews, Mary Boileau, Susan Versluis
Guests: Michelle Swann, CGSUS; Randy Tirpak, Brown and Caldwell; Darin Ethington, Mesquite Grove Assisted Living; Alvina Lucio, Mini-Leaders Day Care Center; Kim Allen, Resident; Gary Boileau
1. Call to Order: Chairman called the meeting to order at 6:00 p.m.
2. Welcome to Guests – Chairman’s comments: Chairman welcomed guests.
3. Discussion and possible action regarding the adjusted sewer rate for Mini-Leaders Day Care Center: Alvina Lucio (owner of Mini-Leaders) was in attendance to ask the Board to allow her to remain at the C1 Sewer User rate. She presented her water bills showing her business uses very little water.
Motion made by Member Campion to keep her at the C1 rate and to review her rate again in one year. Motion seconded by Member Miller. Vote 4 – Ayes as Member McKenzie did not arrive until later in the meeting. Motion carried.
ORDER OF AGENDA CHANGED
5. Update regarding Mesquite Grove Assisted Living Facility:
Darin Ethington was present to answer any questions the Board might have regarding his project. Brown and Caldwell did receive the plans and specs and will be meeting with Kathy Mills, Mills Engineering, on Friday, October 3, 2008 to discuss design questions. Mr. Tirpak reported he looked at the vault today. He stated that it was coated and looks fine, but it could not be inspect until the plans and specifications were approved. Mr. Tirpak stated that even if the vault does not pass for the permanent lift station it can be used now for the vault and haul.
Ms. Swann stated that Mrs. Schwab is sending a new agreement for Mesquite Assisted Living to review and sign as the previous agreement with District has expired.
ORIGINAL ORDER OF AGENDA RESUMED
4. Discussion regarding the donation of land in Section 21, Township 8 South Range 6 East to the District for a future Wastewater Treatment Plant: The owners of the property would like to come to the next meeting and make a presentation. Item tabled until the October 15, 2008 meeting.
6. Update regarding status of the Requests for Qualifications for solicitation of Job Order Contract(s) for work at the District Facility: Mrs. Schwab, from CGSUS, is reviewing the forms and will provide her comments by Friday, October 3, 2008. She will advise Staff if the advertisement can be placed.
All requests and questions about the RFQ packets will be through the Engineer’s Office.
7. Update regarding the Work Session held with the City of Eloy on September 24, 2008. The work session went well. Eloy stated that they did not realize they had overlapped the District’s DMA. They will change their planning area and remove the portion that is in the District’s DMA.
8. Discussion and possible action regarding the District pursuing a cooperative agreement with the City of Eloy for future joint wastewater treatment plants: Item tabled until a future date when and if Eloy contacts the District about an agreement.
9. Discussions regarding violations to the current CC&R’s for Arizona City and how violations impact the District . Member Autry stated that there are no violations taking place. The District will not and can not enforce the CC&R’s. According to the District’s legal council, it is illegal for the District to try to enforce the CC&R’s.
10. General Plant Operational Update:
A. Plant Supervisor’s general operational update
(1) General Report: On file at District Offices.
(2) Continuing with SBR Tank Basin Cleaning, scheduling Opt Co and Banks Liquid Transport: No discussion
(3) Update regarding the Recharge Facility: Mr. Livingston will be at the District October 2, 2008 to look at the leaking valves.
(4) Possible purchase of additional shoring: Mr. Andrews would like to purchase new shoring that is made for tighter spaces for elder valve installation. He got a price on some that can go from 18” to 55” and can be set up by one person. The cost is $7,000.00.
Motion made by Member Miller to purchase the shoring and pay for it out of contingencies. Motion seconded by Member Borboa. Vote – 5 Ayes. Motion carried.
(5) September influent, discharges and compliance status: Report on file at District Offices.
11. Call for motion to convene into Executive Session pursuant to A.R.S. §38-431.03(A)(1) for the purpose of performing a Performance Review for the Plant Supervisor: Motion made by Member Miller to convene into executive session. Motion Seconded by Member Campion. Vote – 5 Ayes. Motion carried.
Convened into Executive Session at 6:25 p.m.
Reconvened Regular Session at 7:15 p.m.
12. Discussion and possible action regarding the Plant Supervisor position: Chairman advised that the Plant Supervisor’s probation will be extended for 90-days.
13. Call for motion to convene into Executive Session pursuant to A.R.S. §38-431.03(A)(3) and (4) for the purpose of obtaining legal advice and/or for discussions or consultation with District’s legal counsel to consider the District’s position and instruct its representatives regarding Reclaimed Water Reuse Agreement with the Arizona City Golf Course and related litigation:
14. Direction or authorization regarding the Reclaimed Water Reuse Agreement with the Arizona City Golf Course and related litigation:
Ms. Swann updated the Board that on October 15, 2008 the Court is hearing oral argument on the District’s motion to dismiss the counter claims for failure to serve a notice of claim prior to bring the counter claim. The court is also hearing the District’s motion for summary judgment based on perpetuities. All of the discovery has been stayed until the court rules. This way no additional fees will be incurred for discovery should the court rule in the District’s favor.
The Board may call for a motion to convene into one or more executive sessions for the purpose of obtaining legal advice from the District's legal counsel on any of the above agenda items pursuant to A.R.S. §38-431.03(A)(3) and (4).
15. Review and approval of Minutes:
A. Regular Meeting: September 17, 2008
Motion made by Member Miller to approve the Regular minutes of September 17, 2008 as presented. Motion seconded by Member Campion. Vote -- 5 ayes. Motion carried.
B. Work Session: September 24, 2008.
Minutes of the September 24, 2008 Work Session not presented. Tabled until the October 15, 2008 meeting.
16. Call to the Public:
17. Set future meeting dates:
Regular Meetings: October 15, 2008
November 5, 2008
November 19, 2008
* Meetings are scheduled for 6:00 p.m. unless otherwise noted
18. Discussion and action regarding all Future Agenda items and concerns:
* 10/17/08 - Staff Reports
* Near Future - New Admin Building Planning & Development
* Future - Wastewater and Collection System Master Plan
* Future - Reclaimed Reuse Agreement
* Future - Mesquite Assisted Living Facility
* Future - Location for Satellite Plant
19. ADJOURN:
Motion made by Member Campion to adjourn. Motion seconded by Member Miller. Vote -- 5 ayes. Motion carried.
Meeting adjourned at 7:20 p.m.
Date: * _10/15/2008__ Signature: _____ _________________________
Clerk of the Board
