POSTPONED UNTIL JUNE 13,2025

Regular Meeting 6/6/2025
2:00 PM
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 MAY BE SUBJECT TO MODIFICATION AT THE MEETING

CALL TO ORDER
ROLL CALL

Old Business

Report from the NSD Chair. Status of funding requests. Status of Eisenhower Institute policy study. Exceedence overflow discovered and now resolved with ADEQ. Request for legal services packet to be sent to Adriane Hofmeyr. Courtesy notice of PER advertisement to Kimley Horn. Possible publication of PER Request for Proposals in the Arizona Capitol Times.

Discussion and possible approval of Minutes for May 2, 2025.

New Business

Discussion and possible approval of the finalized NSD Budget for Fiscal Year 2025-2026.

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

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

__________________________
Charles Behney, NSD Chair

Posted at the Naco fire station and the Naco Post Office At 200 PM. on 6/5/2025
Posted online on 12:00PM 6/5/2025

https://nacosanitary.org/wp/wp-content/uploads/2025/05/NSD-Budget-2025-2026-tentative.pdf

Regular Meeting 5/2/2025
2:00 PM
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 MAY BE SUBJECT TO MODIFICATION AT THE MEETING

CALL TO ORDER
ROLL CALL

Old Business

Discussion and possible approval of the Minutes for 3/7/2025 regular meeting.
Report from the Chair regarding the closure of the Arizona Department of Environmental Quality (ADEQ). Status of GADA application, the USDA SEARCH Grant, the WIFA application, and paid warrants for the Emergency Appropriation.

New Business

Discussion and possible approval for the tentative budget for Fiscal Year 2025-2026.

Discussion and possible approval of the Resolution No. 5-2-2025, the Authorization of Debt for Water Infrastructure Project Pursuant to Arizona Water Infrastructure Finance Authority (WIFA).

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

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

Posted at the Naco fire station and the Naco Post Office At 200 PM. on 5/1/2025
Posted online on 12:00PM 5/2/2025

__________________________
Charles Behney, NSD Chair

Posted Online 1:40 PM May 1, 2025
Posted at Naco Post Office and Naco Fire Station 2:00 PM May 1, 2025

Regular Meeting 3/7/2025
10:00 AM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Minutes

The meeting was called to order at 10:34 AM. NSD Chair began the meeting without roll call. Board Director Stephen Dey noticed this mistake so the meeting was restarted with a roll call.

Charles Behney, Jesus Guerrero, Andrew Foster and Stephen Dey were present. Mr. Dey was present by a remote call.

The minutes for 2/7/2025 were discussed. Mr. Guerrero found two grammatical errors and typos which were corrected. Mr. Behney made a motion to approve the minutes, which was seconded by Mr. Foster. The minutes were approved unanimously.

The next item was the discussion and possible action on the Letters of Interest regarding the NSD vacancy. Mr. Behney stated that the NSD had posted notice of the board vacancy on the NSD website for at least a month. NSD received a Letter of Interest from Mr. Luis Silva stating his qualifications and interest in joining NSD. Mr. Behney read Mr. Silva’s letter to the board. His qualifications included being a lifetime resident of the NSD district, a professional contractor, and a supporter of the Naco Community. A motion to approve Mr. Silva was made by Mr. Behney and was seconded by Mr. Foster. The approval of Mr. Luis Silva to become an NSD director on the board passed unanimously.

The next item was the discussion of the status of the USDA SEARCH grant for NSD including the Preliminary Engineering Review Request for Proposals. Mr. Behney discussed an advertisement for a Request for Proposals for the SEARCH grant, to be published in the Bisbee Observer in the next edition.

The status of the ADEQ Notice of Violation and the ongoing efforts of NSD staff and contractors to bring the wastewater treatment plant back into full compliance was discussed. This detailed the ongoing work from Tanner Well Services. Brent Weller’s progress in improving the road to Monitor Well #3 and lagoon 4 embankment and vegetation deficiencies was also noted. Actions that remain to reach full compliance were reported by Mr. Behney

Next, the Arizona Department of Environmental Quality (ADEQ) Notice of Violation (NOV) was discussed. Mr. Behney stated that the three monitor wells were on schedule to be repaired and fully operatonal and compliant before March 30^th. Tanner Well Services had Monitor Well #3 almost operational. The current depth of MW #3 was 94 feet. Tanner’s crew removed sand and sludge, and should have Monitor Well #1 back in working condition soon. Silvics Electric has ordered a control panel for MW #2, to replace the old control panel. NSD crews were continuing work on the berms and embankments as needed. Site Manager, Chris Willhoite has the Naco Fire Chief ready to do controlled burns on Lagoon #4. He also stated that the shed was cleaned of junk and debris. Holes were being repaired. A giant rat was no longer living inside. High winds impeded Mr. Brent Weller’s repair of the berms and embankments. The NOV’s remaining problems should be repaired and completed before the deadline with ADEQ. Quarterly testing by March 30^th should be conducted within its quarterly deadline with ADEQ.

For New Business, a Resolution to the Greater Arizona Development Authority (GADA) for $100,000 funding was next. Mr. Behney read a draft resolution to GADA to the board. The resolution shows board support and approval to seek funds from GADA for a Preliminary Engineering Review (PER) for the NSD WWTP. This PER would analyze NSD system assets and provide guidance for approaching the North American Development Bank (NADB) to seek funds from the Border Environmental Infrastructure Funds, which NSD qualifies for. Mr. Dey expressed his full support and approval for this resolution, and hhe made a motion to approve, which was seconded by Mr. Foster. The GADA resolution passed unanimously.

__________________________
Charles Behney, NSD Chair

Regular Meeting 3/7/2025
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

Old Business
Discussion and possible approval of minutes from 2\07\2025 meeting.

Discussion and Possible Action on the Letters of Interest regarding NSD vacancy.

Discussion of the status of the USDA SEARCH grant for NSD including Preliminary Engineering Review Request for Proposals.

Discussion of the status of ADEQ Notice of Violation and the ongoing efforts of NSD to bring the wastewater treatment plant back into full compliance. This include ongoing work from Tanner Well Service. Status of Brent Weller’s work and lagoon 4. Actions that remain to reach full compliance.

New Business

Discussion and possible approval of a Resolution to the Greater Arizona Development Authority for $100,000 funding.

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

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

Posted at the Naco fire station and the Naco Post Office At 7:00 PM. on 3/5/2025
Posted online on 7:00PM 3/5/2025

__________________________
Charles Behney, NSD Director

 
Regular Meeting 2/7/2025
10:00 AM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Minutes

The meeting was called to order at 10:05 AM. On roll call, Jesus Guerrero, Stephen Dey, Andrew Foster and Charles Behney were present.

The first order of old business was to discuss and approve the Minutes of 1/3/2025. Mr. Guerrero noted a mistake regarding a wrong year which was changed from 2205 to 2024. There were not more corrections nor changes. Mr. Dey made a motion to approve the corrected minutes, which were seconded by Mr. Behney. The minutes were unanimously approved.

Next, a draft advertisement was discussed. Mr. Dey considered placing it on the nacosanitary.org website instead of in the local newspaper. The board had no corrections to the content and no action was taken since this was a discussion and not actionable.

A Request for Proposals for a Preliminary Engineering Grant was discussed. Mr. Behney stated that if the editing and content was approved, an advertisement would be placed in the local newspaper and online.

The ongoing Notice of Violation was discussed. NSD Site Manager, Mr. Chris Willhoite discussed the ongoing efforts by heavy equipment operator Brent Weller. Mr. Weller was clearing a path of debris piles, mesquite and vegetation on the west side of the WWTP for access to Monitor Well #3. This contoured road will allow Tanner Well Services to repair MW #3. Both bids from Mr. Tanner were discussed, and were very fair quotes. The berm contours will remain unchanged and original in design. Mr. Dey stated that he had made “temporary repairs” on Monitor Well #3. Mr. Behney stated that Mr. Dey did not have the approval of the board to do plumbing, and that the Tanner Well Services had been chosen by NSD for the repairs. The NSD board had not authorized Mr. Dey to do plumbing.

A Declaration of Emergency was discussed regarding to the ongoing emergency appropriations voted by the NSD Board on December 6, 2024. A motion to approve was made by Mr. Behney and seconded by Mr. Foster.

An Operatons and Maintenance Manual that ADEQ ordered in the Notice of Violation was submitted to the Board by Mr. Behney. The manual was discussed and approved without any changes with a unanimous vote. Mr. Behney made the motion to approve, which as seconded by Mr. Foster.

The Arizona Special Districts Annual Report Form was discussed. It is due by February 25, 2025 with the Clerk of the Board for Cochise County.

A discussion of the the next budget outlined the available funds and expenditures. Mr. Dey spoke about the FY 2024-2025 budget and the reserve accounts that NSD created. Mr. Behney stated that Carmen Bernal of the Cochise Coumty Treasurer had advised the NSD of a credit line of $20,000 available for the ongoing Notice of Violation emergency and other items such as legal services.

Mr. Behney asked to adjourn, and Mr. Dey seconded the motion. The meeting adjourned at * AM

__________________________
Charles Behney, NSD Chair

NACO SANITARY DISTRICT
REQUEST FOR PROPOSALS
LEGAL SERVICES

General Municipal Law,
Title VI Law,
Environmental Law

The Naco Sanitary District (NSD) invites interested individual attorneys and law firms to submit written proposals to provide general municipal legal services.

The NSD, an ARS Title 48 Special Taxing District, is seeking general municipal legal services, which would include advising the NSD Board on quasi-judicial and legislative procedures or other matters specifically before the NSD Board that have not already been addressed by outside counsel or through in-house staff.

It is expected that this individual or firm will attend NSD Board work sessions, regular, and special meetings, as necessary or as required. Remote counsel online is acceptable for NSD legal services.

This individual or firm would be responsible for or assist with preparation and review of all NSD Ordinances, Resolutions, grants, contracts and other legally-related documents; legal opinions and memorandums; review of public works projects; land use planning; purchasing and procurement; leasing, purchasing and sale of property; employment matters; public disclosure laws; and certain other limited legal services as designated by the Chair and NSD Board.

The NSD Board meets regularly on the first Friday of each month at 10:00 AM or 3:00 PM. Occasional special meetings may be held, as needed, and at the request of the Chair and NSD Board.

The individual or firm selected to provide general legal services will serve at the pleasure of the NSD Board and may be removed per terms of an approved contract.

The NSD is prepared to review proposals from individuals or firms to serve as an independent contractor. The NSD is requesting that proposals include fees calculated on an hourly basis, or a retainer based on 5 to 20 hours per month.

Requested Information:

Proposals should include the following information. Proposers may submit additional information as deemed appropriate.

1. For individual proposers, employment history since 2000. For firm proposers, legal status of firm or predecessor forms of organization since 2000, including specialization of individual, firm, or predecessor organization.

2. Qualifications for providing general legal services, for each attorney likely to provide services, including:

A. Law School (including year of graduation), year of admission to Arizona State Bar, and years of practice. Must be a member in good standing of the Arizona State Bar Association.

B. Years of municipal or other public sector law practice as a full-time government attorney or specializing in municipal or other public sector law practice in a law firm or as a sole practitioner.

• C. Particular areas of knowledge and experience in Arizona government law, including but not limited to law related to cities. Examples of areas may include but are not necessarily limited to law related to:
  • • Land use;
    • Personnel contracts and negotiations;
    • Groundwater and surface waters of Arizona;
    • Environmental laws and transboundary treaties applicable to the International Boundaries and Water Commission, the Environmental Protection Agency, the Clean Water Act, State of Arizona statutes and local jurisdictions;
    • Annexation;
    • Public purchasing and contracting;
    • Title VI law regarding tribes and colonias;
    • Planning, construction, and operation of public facilities such as street, water, sanitary sewer, and storm drainage facilities;
    • Rural development and urban renewal;
    • Open meetings, public records, and public disclosure;
    • Government ethics;
    • Elections.

D. Litigation experience, including descriptions of representative cases and outcomes.

E. Drafting experience, such as drafting of grants, loans, contracts, memoranda, ordinances, and resolutions.

F. Experience giving oral advice such as during the course of NSD Board meetings and by telephone to NSD staff.

G. Other types of clients represented.

H. Affiliations or clients that could cause conflicts of interest regarding likely NSD Attorney and legal matters.

3. How you propose to provide general legal services to the NSD.

4. Proposed compensation for general legal services should be proposed at a monthly amount based upon 20 hours a month, or a yearly retainer for a flat rate.

As an independent contractor, this should include any proposal for expense reimbursements beyond payments for time. For a firm’s proposal, if the proposed compensation will vary depending on which attorney does work, this should include the proposed method of charging for each attorney who will be performing work.

Mail RFP for legal services to:

NSD Business Office
Attention: Monika Patience, Office Manager
1326 W. Highway 92 #12
Bisbee, AZ 95620

Or email to: Naco Sanitary District Office: nacosanitaryoffice@nacosanitary.org

For information call 520-432-3530.

This RFP is open until filled by the NSD Board. All proposals will be reviewed and voted upon by the NSD Board of Directors.

Join the Naco Sanitary District Board of Directors – Shape the Future of Our Pueblo!

The Naco Sanitary District (NSD) invites passionate, civic-minded individuals to apply for an open position on its Board of Directors. This is a unique opportunity to play a vital role in overseeing critical public health infrastructure, community projects, and environmental stewardship for the Naco and Bisbee residents that depend on our transboundary, sole source aquifer.

Who Can Apply?

• Residency Requirement: Must reside within the Naco Sanitary District boundaries.
• Voter Registration: Must be a registered voter in Arizona.
• Availability: Ability to attend monthly board meetings, special work sessions, and engage in district-related responsibilities.
• Bilingual applicants are welcome.

How to Apply
Submit a Letter of Interest detailing your qualifications, community involvement, and vision for NSD’s future to:
Naco Sanitary District
P.O. Box 755
Naco, AZ 85620

Selection Process
The NSD Board will review all submissions and appoint the new director during a public meeting. Candidates may be invited to briefly address the board prior to the vote.

Why Serve?
Your leadership will directly impact water quality, sanitation, and sustainable growth in Naco. Help ensure our pueblo thrives for generations to come!

Act Now – Our Pueblo Needs You!
Questions? Contact nacosanitaryoffice@nacosanitary.org for details. Learn more about NSD’s mission at:

nacosanitary.org

The Naco Sanitary District is an equal opportunity organization. We encourage diverse applicants committed to collaborative, transparent governance.