Naco Sanitary District Regular Meeting – January 3, 2025 10:00 AM

Regular Meeting 1/3/2025
10:00 AM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 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
ROLL CALL
MEETING WILL BE RECORDED, IN ACCORDANCE WITH A.R.S. § 38-431.01(B).

Old Business
Discussion and possible approval of minutes from 12\06\2024 meeting.

Discussion of Angelica Coronado’s resignation. Ms. Coronado submitted a resignation letter to former NSD Chair Stephen Dey on August 1, 2024. The Cochise County Clerk of the Board received this letter on August 14, 2024. Mr. Dey forwarded a copy of the resignation letter to NSD on December 6, 2024.

Discussion and approval for NSD to solicit letters of interest to fill the vacant seat, including a newspaper advertisement, if needed.

Discussion of the status of the USDA SEARCH grant for NSD.

Discussion and approval of advertisements and solicitations for a Request for Proposal for and engineering firm to assess NSD assets and conditions.

Discussion of Camp Riff’s engineering plan, which will not involve sewage connections for Camp Riff.

New Business

Discussion of an updated NSD Emergency Response Plan, and an updated NSD Operating Manual.

Discussion of the ADEQ Notice of Violation and the ongoing efforts of NSD to bring the wastewater treatment plant back into full compliance.

Discussion regarding a solicitation to Lewis and Roca Law Firm for NSD legal services.

Staff and Board Comments:
Any comments, information not addressed on the agenda. Any suggestions for upcoming meeting
agenda topics. No further discussion on these topics is permitted.

Public Comments:
Public comment will be limited to 3 minutes. State statutes prevent Board members from
responding directly to public comments or questions. The board may, at it’s own discretion, place
the topic on a future meeting agenda for discussion.

To join the video meeting, click this link: https://meet.google.com/kbo-htuw-ijx
Otherwise, to join by phone, dial +1 513-486-2641 and enter this PIN: 510 485 358#, To view more phone numbers, click this link: https://tel.meet/kbo-htuw-ijx?hs=5

Adjourn Meeting

Posted at the Naco fire station and the Naco Post Office At 10:00 AM. on 1/2/2025
Posted online on 9:00AM

__________________________
Charles Behney, NSD Director

Naco Sanitary District Meeting Minutes 12/6/2024

Regular Meeting 12/6/2024
10:30 AM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Unapproved Minutes

The regular meeting of the Naco Sanitary District was called to order at 10:33 AM.

On roll call, Jesus Guerrero, Andrew Foster and Charles Behney were present. Stephen Dey was absent. Office Manager Monika Patience and Site Maintenance Manager Chris Willhoite were also in attendance.

First order of business was to conduct an election of Chair and Vice Chair. Andrew Foster nominated Charles Behney for Chair. This was seconded by Jesus Guerrero. There were no other nominations, so Mr. Behney stands as Chair.

Next, Mr. Behney nominated Andrew Foster for Vice Chair, which was seconded by Jesus Guerrero. As there were no other nominations, Andrew Foster stands as Vice Chair.

The meeting was reconvened with the new officers at 10:35 AM. Under old business, the minutes for 6/19/2024 were discussed. Mr. Guerrero noted that the meeting adjournment time was incorrect. This was corrected. The minutes were then unanimously approved.

Next, the resignation of board member Angelica Coronado was discussed. Mr. Behney explained that former Chair Stephen Dey had received a letter of resignation that had not been received by the NSD board. This letter needs to be sent to the Cochise County Clerk of the Board. Then an announcement regarding this vacancy will be published, and letters of interest can be received.

NSD meetings were discussed. The current regular meeting date of the first Friday of the month was continues unchanged. The location of meetings at the business office continues unchanged. Meeting posting locations continue to be online, the Naco Post Office and the Naco Fire Department.

The board then discussed the ADEQ inspection of the wastewater treatment plant on 11/21/2024 and its findings, which noted a lack of compliance at the WWTP.

Site Maintenance Manager, Chris Willhoite stated that the first priority was to hire Verhelst House crews to clear the weeds away from the lagoon berms. He discussed the time necessary to contact contractors, including the Verhelst House to remediate the defiencies before January 15, 2024. He reported that Silvic Electric has replaced fuses after the last power disruption. Mr. Behney stated that the January 15th date was aspirational and not a hard deadline. Mr. Willhoite stated that he would begin contacting contractors immediately. Mr. Behney gave Mr. Willhoite the new site log, which includes the aquifer protection permit, site work logs, the Emergency Response Plan, and the ADEQ inspection report of 11/21/2024.

Mr. Behney made a motion for an emergency appropriation of $10,000 to hire equipment and crews to bring the WWTP back into full compliance before January 15, 2025. Mr. Willhoite stated that January 15th would be difficult due to the holidays. This deadline was not a hard deadline, according to Mr. Behney. Andew Foster seconded the motion, which was passed unanimously.

During public comments, Naco resident Dennis Grissom was offered a tour of the WWTP site.

The meeting was adjourned at 10:19 AM.

________________________

Charles Behney NSD Chair

Naco Sanitary District Regular Meeting – December 6, 2024 10:30 AM

Regular Meeting 12/6/2024
10:30 AM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 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
ROLL CALL
ELECTION OF CHAIR AND VICE-CHAIR
MEETING WILL BE RECORDED, IN ACCORDANCE WITH A.R.S. § 38-431.01(B), FOR THE MEETING

Old Business
Discussion and possible approval of minutes from 06\19\2024 meeting
Discussion of Angelica Coronado’s resignation

New Business

Discussion and Action – Set Meeting Dates, Times, Locations and Agenda Posting Locations.
Discussion and possible action of ADEQ inspection finding lack of compliance at the WWTP. Emergency appropriation of $10,000 to hire equipment and crews to bring the WWTP back into full compliance before January 15, 2025.

Staff and Board Comments:
Any comments, information not addressed on the agenda. Any suggestions for upcoming meeting
agenda topics. No further discussion on these topics is permitted.

Public Comments:
Public comment will be limited to 3 minutes. State statutes prevent Board members from
responding directly to public comments or questions. The board may, at it’s own discretion, place
the topic on a future meeting agenda for discussion.
Adjourn Meeting

Posted at the Naco fire station and the Naco Post Office At 9:00 AM. on 12/5/2024
Posted online on 9:00AM 12/5/2024
Charles Behney, NSD Director

Naco Sanitary District Special Meeting November 15, 2024 10:30 AM

Canceled

Special Meeting 11/15/2024
10:30 a.m.
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Agenda
Call to Order
Charles Behney, Andrew Foster, Jesus Guerrero, Stephen Dey.
Comments from the Chair

Old Business
Discusson and possible approval of minutes from 06\19\2024 meeting
Discussion of Angelica Coronado’s resignation
Discussion of Financial report
Discussion of plant maintenance and repairs to monitor well #1 and it’s related infrastructure due to
repeated seasonal total coliform contamination during monsoon.
Discussion of updates on SEARCH grant for Preliminary Engineering Review.
Purchase of NSD supplied computers for board members. Possible rules for usage.
Updates on Naco Newsletter

New Business
Discussion of Letter of Discontinuation of Representation from Pierce-Coleman.
Discussion of finding new legal representation for NSD
Discussion and Possible Action giving Nikki extra compensation for her extra effort and success in collecting past due invoices.
Discussion And Possible Action of upcoming ADEQ inspection and proposed plans to manage the cattails.

Staff Comments
Any comments, information not addressed on the agenda. Any suggestions for upcoming meeting
agenda topics. No further discussion on these topics is permitted.

Public Comments
Public comment will be limited to 3 minutes. State statutes prevent Board members from
responding directly to public comments or questions. The board may, at it’s own discretion, place
the topic on a future meeting agenda for discussion.
Adjourn Meeting
__________________________________________________________________
Posted at the Naco fire station and the Naco Post Office
At 6:00 P.M. on 11\13\2024
Posted online on 11\13\2024
Stephen T. Dey, Board Chair

Naco Sanitary District Special Meeting Minutes – June 19, 2024

 

MEETING

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620
June 19, 2024

Approved Minutes

Special Meeting

5:30 PM

The special meeting was called to order at 5:34 PM. Stephen Dey, Charles Behney, Andrew Foster, Jesus Guerrero, and Angelica Coronado were present.

Mr. Dey recounted the EPA Border 2025 conference that he and Mr. Behney attended in Nogales, Sonora on June 12th and 13th. Mr. Behney reported that Mr. Ramon Lucero, of RCAC had submitted an application for an ARPA grant for $300,000 for engineering consultations regarding the NSD system.

New Business

The board next discussed the Minutes for June 7, 2024. Mr. Guerrero found a spelling error, which was corrected. Mr. Dey made a motion to approve the minutes, which was seconded by Mr. Behney. The minutes were then unanimously approved with corrections.

The NSD Budget for Fiscal Year 2024-2025 was discussed. Some corrections regarding year end spending were amended. Mr. Guerrero noticed that the first column had errors with sums in the first column. Mr. Dey noted these errors from the last year’s budget, stating that the current, finalized budget had correct sums.

With these corrections noted, Mr. Dey made a motion to approve, which Mr. Behney seconded. The board approved the FY 2024-2025 budget with a roll call vote, which was unanimous.

The meeting was adjourned at 6:23 PM.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Posted online: 6/21/2024

 

Naco Sanitary District Special Meeting – June 19, 2024 5:30 PM

SPECIAL MEETING

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620

June 19, 2024

Agenda

Special Meeting

5:30 PM

Call to Order. Roll Call.

Chair’s Report.

Officer Manager’s Report.

Old Business

Discuss status of EPA, RCAC, USDA, and other agencies work with NSD. Status of the RCAC work plan.

New Business

Discuss and approve the Minutes for June 7, 2024.

Second Reading of the NSD Budget for Fiscal Year 2024-2025. Discussion, modification and approval of the NSD Budget for Fiscal Year 2024-2025.

Comments from the Board and Public.

To join the video meeting, click this link: https://meet.google.com/kbo-htuw-ijx

Otherwise, to join by phone, dial +1 513-486-2641 and enter this PIN: 510 485 358#

To view more phone numbers, click this link: https://tel.meet/kbo-htuw-ijx?hs=5

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Posted at the Naco Post Office, Naco Fire Department: 6/18/2024 5PM

Posted online: 6/18/2024 5PM

 

Naco Sanitary District Meeting – June 7, 2024

MEETING
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620

June 7, 2024

Minutes
Meeting

2:00 PM
The meeting was called to order at 2:00 PM. Stephen Dey, Charles Behney, Andrew Foster, Jesus Guerrero, and Angelica Coronado were present.

Mr. Dey spoke about organizing the local community based organizations for a grant writing- problem solving seminar in the Naco-Bisbee area to pursue EPA Environmental justice grants for the area.

Mr. Behney spoke about the upcoming EPA Border 2025 meeting in Nogales, Sonora with the transboundary state and federal agencies from Mexico and the United States to discuss problems regarding the Naco region.Office Manager, Ms. Monika Patience had nothing to add. Mr.

Dey stated that NSD had more money coming in, and no major bills to pay.

New Business

The minutes of May 17, 2024 were discussed and approved. Ms. Coronado’s name was misspelled and corrected. Mr. Dey made a motion to approve the minutes, which was seconded by Mr. Behney. The minutes were approved unanimously by the board.

Next on the agenda was the conflict waiver agreement between the NSD and Pierce Coleman law firm, which cites a conflict of interest between the City of Bisbee and the NSD. Apparently, City of Bisbee Attorney Joe Estes has become a partner with Pierce Coleman, which created a conflict of interest unknown to Mr. Paladini until Mr Dey noticed the address change of Mr. Estes to Pierce Coleman. NSD and Bisbee now have a conflict of interest and cannot utilize the services of Pierce Coleman Law Firm for litigation between the City and NSD.

Since the board had read the Waiver of Conflict of Interest, a motion was made by Mr. Dey to accept the waiver as written, and seconded by

Mr. Behney. The vote to approve was passed by roll call unanimously.

Mr. Behney then had the Waiver of Conflict of Interest signed by the NSD board, to be emailed to Pierce Coleman.
Next on the agenda was the Memorandum of Understanding between NSD and the City of Bisbee. This MOU will provide NSD with approximately the same revenue that NSD would collect in property taxes, if Bisbee was a private enterprise instead of being a public municipality. In exchange for NSD providing sewer connections and no fees, the City of Bisbee will pay NSD revenue based on the approximate value of Camp Naco.

NSD attorney, Mr. Jon Paladini stated that the MOU was a good, fair agreement. Mr. Paladini congratulated “whoever had negotiated the agreement.” Mr. Behney said “we can thank for the negotiation.” Mr. Dey regarded the negotiation as being basically what all the parties wanted regarding Camp Naco and NSD connections and cooperation.

Mr. Dey made a motion to pass the NSD-City of Bisbee Memorandum of Understanding as written. Seconded by Mr. Behney, the motion passed unanimously with a roll call.

The MOU as then signed by the board, to be sent to Mr. Paladini.

The letter to local Community Based Organizations was then read for the record by Mr. Behney:

RE: Community Based Organizatons Grant Opportunities

Dear [*]

The Naco Sanitary District (NSD) has been made aware of various grant opportunities available for local Community Based Organizations (CBOs) and non-profits such as your organization.

We have advisors from the Rural Community Assistance Corporation (RCAC) that are able to assist you in applying for and receiving federal grants from the Environmental Protection Agency (EPA), the United States Department of Agriculture (USDA) and the Department of Energy (DOE).

The NSD is working with federal and state agencies to obtain these grants for regional communities in Cochise County.

We ask that your organization partners with NSD to bring these funds to our communities.

Solar energy, clean water, housing improvements and health are among the projects that our rural communities qualify for.

If you are interested, please contact the NSD Chair, Mr. Stephen Dey at 520-255-6368 or this email: nsdoffice@nacosanitary.org.

Some of these opportunities need to have applications before November of 2024.

NSD is organizing a two day grant writing workshop and seminar soon for our regional CBOs and stakeholders. We will notify you of this event when its finalized.

Sincerely,

Stephen T. Dey Chair, on behalf of the NSD board.

Mr. Behney stated that this letter will be sent to local CBOs soon, to organize a seminar and meeting to help the CBOs obtain grants. There were no further questions or additions. Mr. Paladini approved the content of the letter. Mr. Dey made a motion to accept the letter as written and then send it out to as many local CBOs as possible. Mr. Behney seconded the motion. A vote was taken, which passed the motion unanimously.

Next on the agenda was discussion of the purchase of five laptops for the NSD board. This purchase will allow NSD board members to attend meetings online, remotely and provide up to date tools for the board. Mr. Dey suggested that the computers would be public records. Mr. Behney stated that confidental records such as attorney-client privilege, NADB (North American Development Bank) confidentiality, and executive sessions were not available as public records.

An estimate of approximately $3500 was agreed. Mr. Dey made a motion to approve the laptop purchase for approximately $3500, which was seconded by Mr. Behney. Without further discussion, the motion passed unanimously.

For Public Comments, former NSD chair Mr. David Loyd wanted to ask questions about grants. Mr. Dey said these questions could not be answered since they were not on the agenda.

Ms. Lorie Anderson stated that the Naco Heritage Alliance was a non-profit. The City of Bisbee owns Camp Naco and they pay zero taxes. She complained that NSD taxes were going down as Camp Riff was going to be paying taxes but not Camp Naco. Mr. Behney said that the NSD board had just passed the MOU between NSD and the City of Bisbee, which will have the City paying revenues to NSD for Camp Naco.

 

The meeting was adjourned at 2:23 PM.

_____________________________________

Stephen T. Dey
Naco Sanitary District Chair

Naco Sanitary District Regular Meeting Agenda – June 7, 2024

 

MEETING

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620

June 7, 2024

Agenda

Regular Meeting

2:00 PM

Call to Order. Roll Call.

Chair’s Report.

Officer Manager’s Report.

Old Business

Discuss status of RCAC, USDA, and other agencies work with NSD. Status of the RCAC work plan.

New Business

Discuss and approve the Minutes for May 3, 2024.

Discuss and possibly approve the conflict waiver between the City of Bisbee and the Naco Sanitary District provided by Mr. Jon Paladini. This conflict waiver is necessary since the City of Bisbee and NSD have retained attorneys from the same law firm, Pierce Coleman.

Discussion and posssible approval of a Memorandum of Understanding between the City of Bisbee and NSD regarding service and cooperation for Camp Naco and its restoration.

Discuss and approval of a letter from NSD to any interested Community Based Organizations regarding grant opportunities for our rural communities.

Discussion and possible approval of a purchase for five laptops for the NSD board. This purchase will improve our online meetings and allow the NSD board to attend meetings remotely.

Comments from the Board and Public.

To join the video meeting, click this link: https://meet.google.com/kbo-htuw-ijx

Otherwise, to join by phone, dial +1 513-486-2641 and enter this PIN: 510 485 358#

To view more phone numbers, click this link: https://tel.meet/kbo-htuw-ijx?hs=5

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Posted at the Naco Post Office, Naco Fire Department: 6/5/2024 3PM

Posted online: 6/5/2024 3PM

Naco Sanitary District Proposed Annual Budget – Fiscal Year 2024-2025

Approved and posted on May 17, 2024

NSD Budget 2024-2025

https://nacosanitary.org/wp/wp-content/uploads/2024/05/NSD-Budget-2024-2025.pdf

Capital Reserve Account 2024-2025

https://nacosanitary.org/wp/wp-content/uploads/2024/05/Capital-Reserve-Account-2024-2025.pdf

Operations and Maintenance- Emergency Reserve Account 2024-2025

https://nacosanitary.org/wp/wp-content/uploads/2024/05/Operations-and-Maintenance-Emergency-Reserve-Account-2024-2025.pdf

 

 

Naco Sanitary District Special Meeting May 17, 2024.

MEETING

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620

March 17, 2024

Approved Minutes for March 17, 2024

Regular Meeting

9:00 AM

The meeting was called to order at 9:05 AM. Present at roll call were Andrew Foster, Charles Behney, Jesus Guerrero, Angelica Coronado and Stephen Dey.

For the Chair’s Report, Mr. Dey stated that NSD was in good shape.

The Vice Chair, Charles Behney read and discussed the Rural Community Assistance Corporation Work Plan.

Mr. Behney read this from RCAC Program Manager Ramon Lucero:

1/12/2024

Broad Scope of Work

The Naco Sanitary District and Bisbee are working on an Integrated Regional Transboundary Wastewater Mitigation Plan.  This is a regional project which is attempting to mitigate major water quality issues within a sole source aquifer which impacts Naco, Sonora, Naco, AZ, and Bisbee. This sole source aquifer has been polluted by a spreading sulfate plume which has impacted water quality for these communities in addition to many private wells.

These entities are working towards an interconnected, regional wastewater treatment plant including constructed wetlands to eliminate the effluent discharge into what’s called the Green Bush Draw, connect pipelines to Naco, Sonora WWTPs to address emergencies, construct wetland lagoons for sulfate mitigation and recharge treated effluent into a positive hydro-static pressure dome to protect further spreading of the sulfate plume.

Ms. Patience was occupied and not available for the Officer Manager’s Report.

New Business

The board read and unanimously approved the Minutes for January 25, 2024.

Discussion and approval of letter to Joseph Lewis and his company to provide a letter of intent to provide service to his properties within the Naco Census Data Place.

Discussion of possible sewer connection moratorium after connections to the former country club properties.

Discussion and possible approval of certified FAA drone operator license for NSD drone files to become public domain.

Discuss and approve a courtesy quorum notice for budget work sessions on Friday for the next two months at the office.

Comments from the Board and Public.

To join the video meeting, click this link: https://meet.google.com/kbo-htuw-ijx

Otherwise, to join by phone, dial +1 513-486-2641 and enter this PIN: 510 485 358#

To view more phone numbers, click this link: https://tel.meet/kbo-htuw-ijx?hs=5

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Posted at the Naco Post Office, Naco Fire Department: 2/29/2024 8:30 AM

Posted online: 2/29/2024 8:00 AM

Naco Sanitary District Special Meeting May 17, 2024.

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