NACO SANITARY DISTRICT REQUEST FOR PROPOSALS FOR LEGAL SERVICES

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!

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.

Naco Sanitary District Regular Meeting – 2/7/2025

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

Naco Sanitary District Meeting Minutes for 1/3/2025

 
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