Meeting Minutes

May 1, 2026

The meeting was called to order at 5:00 p.m. on May 1, 2026. All board members were present. NSD attorney Mr. Denis Fitzgibbons attended by video conference. Mr. Sam Garren managed the video conference work group.

Under Old Business, the minutes from May 1, 2026 were discussed. One typo was noted and corrected. Mr. Dey moved to accept the minutes as corrected, which was seconded by Mr. Behney. The motion passed unanimously.

Next under Old Business, Mr. Behney reported that Kimley Horn is coordinating with Rural Communities Assistance Corporation (RCAC) Advisor Sierra Kubiki and Kimley-Horn engineers Erin Lansey and Erin Harris to expedite two grants for an NSD Preliminary Engineering Review. There is a May 7th deadline for certain Water Infrastructure Financing Authority (WIFA) grants for which the NSD qualifies.

According to Mr. Behney, the NSD needs to replace two monitor wells. Due to a lack of response from bidders, Mr. Behney and Mr. Dey will contact the state procurement program for contracted well companies and engineering firms. Kimley-Horn is also on the state procurment list of contractors and engineers. Additionally, lightning damage to the flow meter has been repaired by Ripple LLC. The NSD is considering a lightning suppression installation to prevent future lightning events.

Next, the board discussed the first reading of the revised bylaws draft. The board discussed and clarified that board members must still follow Arizona bidding procedures for contracts exceeding $5,000. Mr. Fitzgibbons stated that the draft bylaws as written were good. A motion for a 30-day public comment period was made by Mr. Dey and seconded by Mr. Behney. The motion passed unanimously. The revised bylaws will be further discussed and possibly approved at the next NSD meeting.

The board then discussed the tentative 2026-2027 fiscal year budget of $176,797 which includes $30,000 in reserves, and a 10% contingency increase for inflation. $12,000 si budgeted for water testing due to accelerated monitoring of the plant’s wells. Currently, the NSD has over $30,000 cash on hand. Mr. Fitzgibbons stated that the tentative budget was also good. Mr. Dey made a motion to approve the tentative budget as written. Mr. Behney seconded the motion.The tentative budget was approved unanimously for publication. The tentative budget will be published in the Bisbee Observer, and then discussed and approved 30 days after publication at the next NSD meeting.

With no further business, the meeting was adjourned at 5:19 p.m.

__________________________
Charles Behney, NSD Chair

Meeting
3/06/2026
NSD Business Office
1326 W. Highway 92 #13
Bisbee, Arizona 85603

Minutes

The regular meeting of the Naco Sanitary District was called to order at 5:01 PM on March 6th. Present were Charles Behney, Jesus Guerrero, Luis Silva, and Stephen Dey. NSD attorney Dennis Fitzgibbons attended online.

Under Old Business, the minutes from the January 6th 2025, meeting were reviewed. There were no corrections nor additions. A motion was made by Mr. Dey and seconded by Mr. Behney. The motion passed unanimously.

Next, Mr. Behney discussed the draft of NSD Bylaws. A work session will be held to discuss and make additions to the draft. Mr. Fitzgibbons suggested a change regarding board compensation to allow for additional compensation if a member performs services.

Next, Mr. Behney briefly discussed the old billing system and addressed past due accounts. A future meeting will be held to determine how to end the past due accounts.

Under New Business, Mr. Behney reported that the Preliminary Planning Grant application was submitted to USDA. The NSD is waiting for a response regarding two $30,000 grants to fund the Preliminary Engineering Review with Kimley-Horn. 

Next, Mr. Behney mentioned an interview with the Eisenhower Institute from Gettysburg College regarding public policy is scheduled for Monday. They will also conduct a tour of the plants. Mr. Dey statted that he would be participating.

Next on the agenda. Mr Behney reported the water levels in Monitor Wells 2 and 3 have dropped, necessitating bids for well drilling contractors. The bid notice for well contractors was published in the Bisbee Observer, and Tanner Well Services is currently preparing a quote for the two wells. Mr. Dey said that NSD may have extra funds available for these wells. Mr. Behney replied that NSD qualifies for funds from both the Greater Arizona Development Authority (GADA) and the Water Infrastructure Financing Authority for possible loans.

Next, Andrew Foster has submitted a letter of resignation. The board needs to fill the resulting vacancy. Mr. Behney stated that a notice of the vacancy has been on the NSD website since early January. Mr. Victor Silva submitted the only letter of interest for the vacancy. The letter is dated 1/28/2026. Mr. Behney read the letter for the record. A motion was made by Mr. Dey, which was seconded by Mr. Behney. The board passed his unanimously to accept Mr. Victor Silva to the NSD Board of Directors.

Next, Mr. Behney motioned to accept nominations for the vacant position of Vice President. Mr. Behney nominated Mr. Stephen Dey. The nomination was seconded by Luis Silva and passed unanimously, making Mr. Dey the new Vice President of NSD.

The meeting adjourned at 5:16 PM.

__________________________
Charles Behney, NSD Chair

Meeting

1/02/2026
NSD Business Office
1326 W. Highway 92 #13
Bisbee, Arizona 85603

Minutes

The regular meeting of the Naco Sanitary District was called to order at 10:09. Present were Charles Behney, Jesus Guerrero, and Stephen Dey. Luis Silva was excused and absent. Andrew Foster was absent.

Under Old Business, the minutes from the December 5, 2025, meeting were reviewed. There were no corrections nor additions. Mr. Dey moved to accept the minutes as written. Mr. Behney seconded the motion, which then passed unanimously.

Next, Mr. Behney reported that the Preliminary Planning Grant application for the USDA is approximately 80% complete. Financials will be added on Monday. Kimley-Horn will assist with the project schedule to prepare the grant for submittal by the end of next week.

Next on the agenda, the board discussed the approval of the Letter of Engagement for legal services from Denis Fitzgibbons of Fitzgibbons Law. There were no comments nor other changes from the board. Mr. Dey moved to approve the letter of engagement as written. Mr. Behney seconded the motion. The motion passed unanimously.

Next, the item regarding making Tanner Well Services the NSD preferred vendor was discussed. Mr. Dey suggested tabling this item until the next meeting to consult with the NSD attorney to conform with state statutes. Mr. Behney moved to table the motion, which was seconded by Mr. Dey. The item to table until the next meeting passed unanimously.

Mr. Behney has requested a quote from Matthew Tanner of Tanner Well Services for two new monitor wells due to compliance issues, as monitor wells number two and three is insufficient for accurate testing. The static levels for both wells are approximately 120 feet, with the pump base being one hundred and twenty five feet. The well column has insufficient water for certified testing.

Mr. Behney contacted Graham from Clear Creek to connect with Freeport regarding potential contributions for the new wells. WIFA and USDA grants and loans are also being pursued Mr. Dey suggested removing monitor well number three and potentially pond four, from an amended Aquifer Protection Permit. Mr. Behney agreed to provide this informaton regarding the Preliminary Engineering Review (PER) with Kimley-Horn.

Under comments, Mr. Dey raised a concern about rumored significant increases in sewer rates. Mr. Behney stated that property tax increases are likely due to the school and county raising their taxes, not the NSD, and the assessment report in February will provide more clarity.

The meeting adjourned at 10:25.

__________________________
Charles Behney, NSD Chair

 
12/05/2025
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 10:06 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 11/07/2025 were discussed. The minutes from the November 7, 2025, meeting were discussed. Jesus Guerrero identified a spelling typo, which was noted and corrected. Charles Behney moved to approve the minutes as written with the typo corrected. Mr. Dey seconded the motion, which then passed unanimously.

Under New Business, Mr. Behney contacted Fitzgibbons Law from Casa Grande, recommended by Alma Andrate, the City Clerk in Douglas. The firm, whose attorney is Denis Fitzgibbons, handles municipal law for clients including the City of Winkleman and the City of Douglas. Mr. Fitzgibbons is scheduled to meet with the board in person the following week. A special meeting will likely be required for the board to review and vote on the contract terms before the next regular meeting.

Mr. Behney reported that progress on USDA grants and loans is affected by a federal government backlog and furloughs. The NSD is awaiting finalization of the SEARCH grant before writing the USDA Preliminary Planning Grant to complete the funding request for the NSD Prelminary Engineering Review. Dayitza Villalobos, the grant writer for the City of Douglas, has offered to assist with the preliminary planning grant at no cost to the NSD.

The NSD needs to drill two new monitor wells (Monitor Well Number Two and Monitor Well Number Three) deeper because the aquifer depth has dropped to 120 ft, which is only 5 ft above the well bottom for the existing pump, making it difficult to draw samples. Mr. Behney is seeking quotes for new wells. NSD plans to reach out to Freeport McMoran and the Arizona Water Company for possible donations since they share the wells for testing the aquifer. Mr. Dey noted that the water table has dropped significantly to 125 ft from its earlier depth of 95-100 ft, a concern that could also provide data to support the need for grants to upgrade the wells and testing of the aquifer. Tanner Well Service pulled the pump and interior pipe at Monitor Well Number Two. Nick Altamirano of Central Analytical Services has ordered a portable pump capable of reaching 150 ft to continue testing. Accelerated monitoring for nitrates continues in Monitor Well Number One. Mr. Behney confirmed that ADEQ (Arizona Department of Environmental Quality) has been notified of the issue, which may be caused by wastewater seeping through cracked concrete as part of an end-of-life issue with the wastewater treatment plant.

Mr. Behney discussed the letter sent to the Cochise County Board of Supervisors regarding the lack of due diligence for the Bisbee Effluent Plan. Mr. Tom Crosby called Mr. Behney and was impressed with the documents provided.

Mr. Ralph Garren, the office manager, reported that the accounting transition from Monika Patience is going well. There is adequate funding from tax revenues, although tax payments typically slow down through January and February and pick back up in March or April.

Mr. Behney read a letter of interest for the IT Administrator position from Samuel Garren, who is Security Plus certified and experienced with IT management, cyber security, and video conferencing.

Mr. Behney moved to consider Samuel Garren’s interest as acceptable and to hire him as the IT Administrator and new Clerk of the Board. Mr. Silva seconded the motion, which then passed unanimously.

Mr. Dey thanked Mr. Garren for taking on the bookkeeping and office responsibilities.

The meeting adjourned at 10:21 AM.

__________________________
Charles Behney, NSD Chair

Meeting

11/07/2025
NSD Business Office
1326 W. Highway 92 #13
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