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

NSD Budget 2025-2026 tentative

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.

Regular Meeting 2/7/2025
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

Old Business
Discussion and possible approval of minutes from 1\03\2025 meeting.

Discussion of the Letter of Interest regarding NSD vacancy.

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

Discussion of the ADEQ Notice of Violation and the ongoing efforts of NSD to bring the wastewater treatment plant back into full compliance. This include quotes from Tanner Wells and Drilling. Payments to Brent Weller. Status of remediation as of 2/7/2025, actions that remain to reach full compliance.

New Business

Discussion and possible approval of an NSD Declaration of Emergency.

Discussion and possible approval of NSD Operations and Maintenance Manual for the WWTP site.

Discussion of Arizona Special Districts Annual Report Form, due February 25, 2025.

Discussion of the next budget for FY 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

Posted at the Naco fire station and the Naco Post Office At 10:00 PM. on 2/5/2025
Posted online on 5:00PM 2/5/2025

 

__________________________
Charles Behney, NSD Director

 
Regular Meeting 1/3/2025
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 and Charles Behney were present. Andrew Foster was absent.

The first order of business was to discuss and approve the Minutes of 12/6/2024. Mr. Guerrero noticed a minor grammatical error that was corrected. Mr. Dey made a motion to approve these Minutes, and Mr. Behney seconded the motion. The motion passed unanimously.

Next, the resignation of Angelica Coronado was discussed. Mr. Dey stated that he had placed a copy of Ms. Coronado’s resignation letter in the files sometime in August 2024. The board at large was never given this letter until December. An advertisement in the local paper was discussed. Mr. Behney made a motion to advertise the vacancy in the local paper that was seconded by Mr. Dey. The motion was approved unanimously.

Next, the ADEQ Notice of Violation (NOV) was discussed. Advisors from the Rural Community Assistance Corporation RCAC  are assisting NSD with the NOV, and in editing a Request for Proposals (RFP) for an engineering consultant for a USDA Special Evaluation Assistance for Rural Communities and Households (SEARCH) Grant.

Mr. Behney made a motion to advertise for the RFP to solicit engineering consulting in the local newspaper, after RCAC consults with NSD regarding its content. Mr. Dey seconded the motion, with a comment to make the RFP available to everybody. The motion was passed unanimously.

Next, the sewage connections with Camp Riff were discussed. Joseph Lewis, owner of Camp Riff notified the NSD that it was economically unfeasible to connect with NSD due to the depth and costs of connections to the existing system. More discussions with Camp Riff is ongoing regarding easements and the water trespass on Green Bush Draw. It is now possible to request legal services with the Lewis and Roca Law Firm, since there is no possible conflict of interest between Camp Riff and NSD, stated Mr. Behney. Mr. Dey stated that the lines were approximately 21 feet in depth, which is too costly to connect. Discussion with Camp Riff will continue.

Next, an updated Emergency Response Plan (ERP) and the Operating/Procedures Manual was discussed. Mr. Behney stated that the ERP was being updated while the Operating Manual includes daily, weekly, monthly and yearly tasks for employees and the Directors to follow. This manual will explain operations of the NSD and guide both the Directors and employees. Anyone who reads this manual will understand what it takes to run the NSD, both as Directors and employees. Mr. Behney is drafting the ERP with an ADEQ template, which is simpler than the current, outdated NSD ERP. The finished operating manual will be used to solicit new members for the NSD.

The ADEQ Notice of Violation (NOV) was discussed. NSD received the NOV on December 24, 2024. Mr. Behney stated that the Verhelst House had a crew clearing three ponds of weeds and brush along the berms. Once the pond berms are cleared and visible, then the erosion on Lagoon 4 will be ready for remediation by the heavy equipment crew to be restored to its original contours. Mr. Dey said that we should observe the accepted standards for the ponds, and also repair possible stormwater damage outside of the north fence to ensure no more erosion within the WWTP caused by floods.

Mr. Behney has photos for the first written report due to ADEQ, fifteen days after the NOV. Mr. Ramon Lucero of RCAC has offered to help with drafts and other documents related to the NOV. The written reports are mandatory regarding the ADEQ NOV. Mr. Dey suggested contacting the Water Infrastructure Financing Agency for a loan, but deferred to RCAC for guidance. Mr. Matthew Tanner has done an inspection of the well system. NSD will probably need two pumps due to damage done to the system and incorrect plumbing. Mr. Dey claimed that NSD had the funds to approve $15,000 without tapping the reserve account. Mr. Dey was concerned about bids for anything over $5000. Mr. Behney stated that NSD has an emergency appropriation of $15,000 because of the NOV. Brent Weller was contacted and agreed to contract for heavy equipment services to remove the deficiencies, repair the roads and berms as needed.

Mr. Behney said that the first written report was due on the next Tuesday, with two more written reports due two weeks after the first written report. Mr. Dey suggested hiring a professional crew for the summer cattails. Mr. Behney replied that the ADEQ Inspector was less concerned about the cattails, with the priority being the cleared berms and erosion repair. Grazing cattle was then discussed. ADEQ would consider grazing, but Site Operator Ronald Jacobsen opposed any grazing. Mr. Behney suggested contacting John Ladd for assistance regarding a dike breach that ADEQ listed for repairs. Mr. Dey spoke about dike soil compaction and other possible requirements regarding dam repairs. Mr. Dey suggested fence improvements. Mr. Behney replied that Site Manager Chris Willhoite was training a local crew at Camp Riff which would availabe as needed for continued maintenance of the NSD site. Mr. Dey said that renting heavy equipment from Camp Riff was also possible.

The next agenda item was to obtain new legal services. Mr. Behney reported that NSD lost legal services due to a conflict of interest wherein the Bisbee City Attorney joined Pierce Coleman Law Firm, which provided had provided legal services to both NSD and the City of Bisbee. A complaint was submitted to the Arizona State Bar, which was declined. As a result NSD was consdering Lewis and Roca, which has a partner, Michael McNulty. Mr McNulty is the former water attorney for Pima County and has experience with local water issues in Cochise County. Mr. Dey suggested advertising for this service. Mr. Behney will write a letter to Mr. McNulty for his interest or a referral. Mr. Dey suggested advertisements for legal services. Mr. Dey asked to make a motion regarding legal services. The agenda item was for discussion, so no motion was made.

Mr. Behney asked to adjourn, and Mr. Dey seconded the motion. The meeting adjourned at 10:37 AM

 

__________________________
Charles Behney, NSD Director

 

 

 

Naco Sanitary District has an Opening for a Director of the Board. Letters of Interest are being solicited for a vacancy on the NSD.

• A letter of interest must be submitted to Naco Sanitary District, Box 755, Naco Arizona 85620
• Applicants must be residents living within the Naco Sanitary District boundaries
• Applicants my be registered voters
• Applicants must be available for meetings and work sessions.

The Naco Sanitary District will review the letters of interest and vote on the applicants at a regular meeting.