Meeting

11/07/2025
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 10:09 AM. Present were Charles Behney, Jesus Guerrero, and Luis Silva and Stephen Day. Andrew Foster was absent. Mr. Ralph Garren was in attendance.

Under Old Business, the minutes for 10/03/2025 were discussed. No corrections nor additions were made by the board. A motion to approve was made by Mr. Behney and seconded by Mr. Silva. The notion passed unanimously.

The search for legal services is ongoing. Mr. Behney has not heard back from Carl Sammartino nor Mary Judge Ryan. Mr. Behney suggested Lewis and Rocca as a potential law firm, but a local option is preferred. He plans to ask the Douglas City Manager for a referral for an attorney. Mr. Dey emphasized the necessity of having legal counsel for routine matters such as contract and grant reviews.

Next, the federal government shutdown and furlough are impacting USDA grants with employees unable to access emails nor conduct business. NADBank is not furloughed, but is also impacted. NSD qualifies for WIFA loans but needs the USDA SEARCH grant to match funds for the Preliminary Engineering Review. Kimley Horn is willing to do a full PER for $60,000.

The last test on Monitor Well Number One showed 6.5 parts per million for nitrates, which is below the actionable level of 10 parts per million. This has triggered an accelerated monthly test with ADEQ. Monitor Well Number Two is still experiencing problems. Mr. Matthew Tanner is scheduled to inspect MW#2 at 11:30 AM to potentially pull the pump so that a portable pump can be used for testing. NSD is now testing for halides and other chlorine byproducts as part of an improved testing regime. Mr. Dey noted that the water quality standard will soon change from total coliform to E. coli.

Under New Business, Mr. Ralph Garren was introduced as the new Office Manager, having purchased the business from Ms. Monika Patience. Ms. Patience will continue to assist NSD as necessary.

A motion to add Mr. Garren to the signature card for National Bank, the Cochise County Treasurer and Clerk of the Board was made by Mr. Behney and seconded by Mr. Silva. The motion passed unanimously.

The board then discussed the need to update the outdated NSD Bylaws to remove obsolete billing rules and add the property tax revenue. Mr. Behney suggested work sessions for this purpose.

Under Public Comments, Mr. Dey shared news about ADEQ and EPA grants for the distribution of 1000 DIY HEPA air filters and fans for Naco, Bisbee and Palominas. Mr. Behney confirmed efforts coordinated by Ms. Carolina Bracamonte of ADEQ that involves Cochise County School Superintendent Jaqui Clay and BUSD#2 School Superintendent Jennifer McBeth to educate students and help with distribution of the fan kits to local homes.

A motion to adjourn was made by Mr. Behney and seconded by Mr. Silva. The meeting adjourned at 10:43 AM.

__________________________
Charles Behney, NSD Chair

Meeting

10/03/2025
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Minutes

The regular meeting of the Naco Sanitary District was called to order at 2:11 PM. Present were Charles Behney, Jesus Guerrero, and Luis Silva and Andrew Foster, Stephen Day was absent.

The minutes from the September 5, 2025, meeting were presented for approval. Charles Behney moved to approve the minutes as written. Luis Silva seconded the motion. The motion passed unanimously.

Legal services were discussed. Carl Sammartino, a property attorney with water experience, offered services at $300 per hour without a retainer. For General Municipal Work, a request has been made with Mary Judge Ryan and atttorney with decades of experience in Pima County. Mr. Behney will follow up with Juan Flores, a former city attorney for Douglas, to explore other options for legal counsel. The environmental justice attorney, Mrs. Adriene Hoffmeyr, did not respond, indicating a lack of interest.

The status of grants and loans amidst government furloughs was discussed. Mr. Behney reported on the impact of federal furloughs and shutdowns. The pending $30,000 USDA SEARCH grant is delayed due to the furlough of key personnel (Jeff Hooper and Michael Dean).

WIFA (Water Infrastructure Finance Authority for Arizona) grants and loans were confirmed to be unaffected by the shutdown. The district plans to pursue a preliminary application for loans and grants for monitor wells through WIFA.

Monitor Well Status: Victor Silva reported that Monitor Well #2 is functional for testing at half pressure, and Monitor Well #1 (the pump house well) is fully functional.

Monica Patience reported that the district is financially solvent. Taxes have begun to come in (approximately $3,000–$4,000). The district is utilizing a $20,000 credit line with the county, which will be automatically repaid upon the arrival of property taxes in November.

Action Items discussed were: Mr. Behney to call Nick Altamirano regarding water tests. Mr. Behney next moved to adjourn the meeting. Andrew Foster seconded the motion. The meeting adjourned at 2:18 PM.

Meeting

9/05/2025
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Minutes

The regular meeting of the Naco Sanitary District was called to order at 9:37 AM. Present were Charles Behney, Jesus Guerrero, and Luis Silva. Andrew Foster (sick leave), Steven Day were absent.

First order of business was the discussion and approval of the Special Meeting Minutes for June 13, 2025. Charles Behney discussed corrections for the June 13, 2025, public budget and special hearing minutes. Jesus Guerrero found a redundant paragraph and a typo that were removed. The motion to approve the corrected minutes was unanimously passed.

Minutes for the August 1, 2025, work session (which included a plant tour) were also discussed and unanimously approved as written. Charles Behney included a sentence regarding Mr. Francisco Morales’ (NADBank) suggestion for an executive summary of the Naco Community Wetlands Mitigation Plan.

New Business

Charles Behney announced the resignation of Chris Willhoite as the Site Manager for NSD. Mr. Behney suggested leaving the position vacant to save money due to tight district finances, as most funds would not be received until November. The current site workers, while capable, do not currently possess the necessary experience or equipment for the site manager role but are performing well in their current capacities.

Legal counsel was discussed next. Mr. Behney informed the board that a letter was sent to Adriane Hofmeyr, an environmental attorney specializing in environmental justice, to inquire about her interest in providing legal services to NSD to facilitate progress on contracts and other district business.

Naco Community Wetlands Mitigation Plan Executive Summary 2018-2020 was discussed. Mr. Behney explained the five-page executive summary for the plan was created at Mr. Morales’ request for NADBank and other agencies. The summary, though initially intended to be two pages, expanded to five pages due to the plan’s complexity. It outlines the resolution approved in 2023 and has been shared with stakeholders including EPA, IBWC, NADBank, and others. The plan provides a regional solution to water insecurity and pollution by modernizing NSD lagoons, fostering bi-national cooperation, ensuring the long-term adequacy of the aquifer, and creating environmental and recreational improvements for the three communities. Mr. Behney outlined the significant regional challenges, including aquifer degradation, water trespasses, flood hazards, sewage overflows, and bi-national aquifer problems, which have led to water rationing and population decline in Bisbee and Naco. The proposed solutions involve connecting the three communities, treating Bisbee’s effluent in NSD lagoons, remediating the sulfate plume, and creating a wildlife observatory and recreational park for the local residents. Institutional barriers, such as Bisbee’s pipeline plan and the arbitrary removal of the Colonia designation by Cochise County, along with funding inequities, need to be overcome.

Next on the agenda was the Preliminary Engineering Review quote from Kimley Horn to NSD. Mr. Behney reviewed the proposal from Kimley Horn for the preliminary engineering review. Kimley Horn has extensive experience in water and wastewater projects and an experienced bi-national team. They provided a quote of $60,000 for comprehensive services, which is an excellent deal compared to the anticipated $120,000. $30,000 is already pending from USDA, and the remaining $30,000 is being sought from either USDA or WIFA, with potential for loan forgiveness due to the project’s focus on colonias and the low-income status of Naco. This engineering work is crucial for moving forward with NADBank, which has precedence for funding due to the project’s environmental remediation and transboundary border benefits.

The scope of work with Kimley Horn includes initial assessment and data collection, evaluation and analysis, recommendations development, cost estimation, and final reporting.This encompasses site visits, review of existing documentation, infrastructure assessment, technical analysis, and the development of phasing strategies and timelines.
NSD’s crew will assist with inspections of buried pipelines and the operation of electrical panels and valves, as these are excluded from Kimley Horn’s scope.

The meeting adjourned at 10:34 AM.

__________________________
Charles Behney, NSD Chair