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