Meeting Minutes
September 4, 2026

The meeting of the Naco Sanitary District was called to order at 5:10 PM. On roll call, Luis Silva, Victor Silva, and Charles Behney were present. Stephen Dey, Vice Chairman, was initially marked absent/excused due to vehicle trouble but joined the meeting remotely. Jesus Guerrero was excused due to a work emergency. A quorum was present.

The board reviewed the minutes from the August 7, 2026 meeting. No additions or corrections were noted. A motion was made by Mr. Behney to approve the August 7, 2026 minutes as written, which was seconded by Mr. Luis Silva. The motion passed unanimously.

Mr. Behney reported on the status of grants, loans, regional partnerships, and monitoring wells, WIFA due diligence and census estimates. The current estimated Naco CDP population is 1,011 residents. The Naco Sanitary District contains 319 total tax parcels and 416 total housing units, of which 360 are occupied with hookups and 56 are vacant. Five active local businesses were counted, including the Gay 90s, a coffee company, the country club/Camp Rift, and the RV park. WIFA due diligence materials are due by October 13th, with a board vote targeted for early December. Regarding the City of Bisbee transition meeting, the district was invited to a meet-and-greet on September 13th with the Mayor-elect’s transition team regarding water and regional matters. For the USDA grant and matching funds, USDA approved a $30,000 grant requiring matching funds. Reserve funds are available if necessary, though loan applications through WIFA are being pursued to preserve capital reserves. On monitoring wells and maintenance, accelerated monitoring for nitrates is ongoing. Monitor Well #3 will be inspected during the next quarterly testing following recent rain and flooding. Replacement of two monitor wells is necessary. Fence work and site welding are scheduled by Victor Valenzuela.

Under the Consent Agenda, the board reviewed administrative and election fees. The district paid $250 in election cancellation services following the Cochise County Board of Supervisors approval of nomination petitions. Three incumbent candidates ran unopposed for open board positions. Vendor invoices were reviewed, including Ripple LLC invoices totaling just over $10,000 for flow meter repair, system troubleshooting, cellular control plans, and replacement of equipment, including a Siemens XPS10. Central Analytical Services laboratory testing fees of $595, $1,469.60, and $640 were also reviewed for quarterly water sampling, including nitrates, metals, and total coliform. The board then considered a site manager invoice for 27 hours of work totaling $945. Vice Chairman Stephen Dey assumed leadership to conduct the vote due to the Chairman’s recusal. A motion was made by Mr. Dey to approve payment of the $945 site manager invoice, which was seconded by Mr. Luis Silva. The motion passed unanimously.

Under New Business, the board discussed the Records Request Fee Policy. Electronic records delivered via email remain free of charge. A standard fee structure was proposed for physical paper copies. A motion was made by Mr. Behney to approve a charge of $0.25 per page for paper-printed records requests, which was seconded by Mr. Dey. The motion passed unanimously. The board next reviewed Site Operator Ronald Jacobson’s job performance, compliance track record, and technical work. A motion was made by Mr. Behney to approve a 10% salary increase for Site Operator Ronald Jacobson, raising his monthly compensation from $2,500 to $2,750 per month, which was seconded by Mr. Dey. The motion passed unanimously.

For the Call to the Public, several public comments were made. Ms. Lori Anderson raised concerns over engineering consultant fees from Kimley-Horn and tax dollar spending. Ms. Kimberly Wells inquired about independent contractor qualifications, potential conflicts of interest, past grant funding history, and requested project scope details and quotes regarding the regional preliminary engineering review. Ms. Kerri Ann Blankenship protested property tax allocations distributed to the sanitary district relative to other local districts. Additional public statements included a remark from Ms. Welz directed at Vice Chairman Steve Dey alleging Mr. Dey was “probably drunk. Mr. Dey strongly refuted the remark, clarifying his long-term sobriety. District legal counsel Denis Fitzgibbons clarified that board members cannot deliberate or answer non-agenda items during public comments. Public records requests may be fulfilled per standard statutory compliance, and requested topics can be placed on the agenda for future meetings or public work sessions. Both Ms. Welz and Mr. David Loyd were ruled out of order for disrupting the board and interrupting public comments. Following these exchanges, Vice Chairman Steve Dey excused himself from the meeting.

A motion was made by Mr. Behney to adjourn the meeting, which was seconded by Mr. Luis Silva. The motion passed unanimously. The meeting was adjourned at 5:48 PM.

 

_________________________________
Charles Behney, Naco Sanitary District Chair

Meeting Minutes
August 7, 2026

The meeting of the Naco Sanitary District was called to order at 5:01PM. On roll call, Luis Silva, Jesus Guerrero, Victor Silva, Charles Behney and Stephen Dey were present.

Under Old Business, the board reviewed the minutes from the July 10, 2026 meeting. A correction was suggested to include the last name of a public commenter named Roland. It was noted that Roland had declined to provide his last name at that meeting. No other corrections were made. Mr. Dey made a motion to accept the minutes as written, which was seconded by Mr. Behney. The motion passed unanimously.

Mr. Behney and Mr. Dey attended an impromptu meeting with the City of Bisbee’s Planning Director, Ms. Melissa Hartman. The planning director has given the “green light” to move forward with a work group to discuss plans for a regional constructed wetlands and a recreational park for Naco and Bisbee. Newly elected Mayor Amy Burkert is also to attend. A series of upcoming work sessions will be scheduled with the mayor elect.

WIFA Debt Authorization Resolution: WIFA legal counsel and Casey Alman requested a minor modification to update two ARS statutes in a previously approved resolution from August 2025. NSD attorney, Mr. Denis Fitzgibbons confirmed the resolution remains correct in principle, with two changes from the original debt authorization resolution of 2025, which were requested by the WIFA legal counsel.
NSD has matching funds in capital reserve accounts to pursue WIFA loans to increase operations and maintenance flexibility. All regional stakeholders from the 2025 executive summary are now in agreement, with no adversarial positions from Cochise County or the City of Bisbee regarding regional cooperation and shared aquifer protection and effluent treatment.

NSD is working with Kimley-Horn, who is drawing up specifications for two new monitor wells to return the district to full compliance.
A severe storm over Bisbee caused a massive flash flood on the Naco property the previous day. Floodwaters reached six feet deep, breaching the site’s dikes and dams, while turning the access road to Monitor Well #3 into a river. Mr. Dey and Mr. Behney inspected the damage. Search and rescue teams were granted access to the property to look for a potential missing body. The recently repaired dike and dam infrastructure will need to be rebuilt. NSD continues accelerated monitoring due to prior nitrate and coliform exceedances. A total coliform notice was received from the last test, and nitrate status results are pending.

The site’s flowmeter is back online, bringing the flowmeter into compliance with ADEQ. To protect the newly replaced equipment from future lightning strikes, lightning suppression is needed. Mr. Fitzgibbons confirmed that expenditures under $5,000 do not require a public bidding process.

A motion was made by Mr. Behney and was seconded by Mr. Luis Silva. The motion was approved unanimously.
NSD Chair Charles Behney recused himself from the next agenda item and handed the gavel to Vice Chair Stephen Dey.
The board reviewed a proposed independent contractor agreement combining site management and office management duties for Charles Behney. Stephen Day questioned if these roles should be split into two separate contracts to stay well under the annual $5,000 bid threshold if hours scale up. Legal counsel advised that the combined contract could proceed as written, and be split later if hours increase beyond the bid threshold.

The board adopted three amendments recommended by legal counsel:

Section 2.2 (Invoice and Payment): Changed to specify that the district shall pay each invoice within 30 days of receipt, only after explicit approval by the board at a regular or scheduled meeting.
Section 5.2 (Board Meetings): Added language stating that if the contractor is an active member of the NSD Board, they shall not receive independent contractor hourly compensation for attending board meetings.
Section 7.2 (Limitation of Liability): Amended to state that the district’s liability under the agreement shall be limited explicitly to the total amount of the contractor’s liability insurance.

A motion was made by Mr. Dey, and seconded by Mr. Victor Silva to accept the independent contractor contract with the specified legal amendments. The contractor agreement was passed by all four voting members. Mr. Behney abstained due to his recusal. The gavel was returned to Chair Behney. Mr. Behney thanked the board for their vote of confidence.

The board next reviewed and discussed Resolution No. 08-07-2026, which contains the modified language requested by WIFA regarding matching funds in a loan for the Kimley-Horn preliminary engineering review.

A motion was made by Mr. Dey and seconded by Mr. Behney to approve Resolution No. 08-07-2026 as written. The motion was unanimously approved.

For the Call to the Public, Mr. Behney read to the public: 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.

Ms. Lori Anderson expressed concerns regarding potential conflicts of interest concerning the approval of a sitting board member for paid site and office management roles. She spoke of comments from the prior month’s meeting regarding public noticing requirements or a public vote, and questioned the need for taxpayer funds for legal and management expenses.

Ms. Kimberly Welz requested the formal public disclosure of the Naco Sanitary District’s balance sheet and financial statements. She mentioned a major increase in local property taxes and stated that residents have a right to see how tax dollars are distributed, including attorney and contractor compensations.

Mr. Behney replied that all district financial records, QuickBooks entries, and the three years of financial statements recently compiled for the USDA are fully open public records. Citizens can request copies directly from the District Office Manager, Mr. Ralph Garren.
Mr. Ron Craiger (Sp?) questioned the NSD’s long-term administrative scope, asking if the board intends to stick strictly to wastewater operations or if it plans to expand into external community projects (housing, tree planting) utilizing public grants or credit lines, which could place an undue financial burden on Naco’s population of roughly 1,200 residents. Per state statutes, board members refrained from directly debating or answering public comments.

Mr. David Loyd shared historical perspectives regarding the district’s past chairs and leadership, including a proposed space port, fist fights and interviews with the Arizona Attorney General regarding alleged open meeting violations. He claimed that early NSD boards operated entirely as volunteers and warned the current board to remain careful regarding legal regulations and state compliance.
A motion was made by Mr. Behney to adjourn the meeting at 5:28 p.m. Mr. Dey seconded and passed unanimously. The meeting officially concluded at 5:29 p.m.

____________________________________
Charles Behney, Naco Sanitary District Chair

Special Meeting Minutes

July 10, 2026

Naco Sanitary District Chair Mr. Charles Behney called the Special Meeting to order on July 10, 2026, at 5:00 PM. Roll call had board members Charles Behney, Stephen Dey, Victor Silva, and Jesus Guerrero present. Luis Silva was excused and absent. NSD attorney Denis Fitzgibbons participated by video conference.

Under old business, the board reviewed the minutes from the June 5, 2026, meeting. No additions or corrections were proposed. Mr. Stephen Dey moved to approve the minutes as written, seconded by Mr. Behney. The motion passed unanimously.

Next, the status of USDA, WIFA, and North American Development Bank (NADB) grants and loans was discussed. Mr. Behney reported conference calls with USDA, RCAC, WIFA, and Kimley-Horn regarding funding opportunities and monitor well replacements. NSD has qualified for one USDA grant to fund half of the Preliminary Engineering Review quoted by Kimley-Horn. The board discussed the required matching funds and confirmed that approximately $30,000 is available within the Capital Reserve Fund, allowing NSD to satisfy matching requirements if necessary while maintaining sufficient operating expenses.

Mr. Behney reported that NSD’s WIFA loan application had progressed to legal review after submitting the board’s previously approved debt authorization, which had been adopted and recorded in August 2025. It was noted that, if approved, a low-interest WIFA loan could reduce or eliminate the need to utilize reserve funds.

The board discussed cooperation with Kimley-Horn, including preparation of a Capacity Assurance Plan related to the Camp Riff project and specifications for replacement of two NSD monitor wells. Kimley-Horn has received information to prepare specifications for construction and well drilling bids. Clear Creek also conducted static water level testing on one monitor well during the week for Freeport McMoran.

The board discussed NSD’s ongoing accelerated monitoring due to elevated nitrate levels and previous coliform. Mr. Behney reported that recent testing from Central Analytical Services measured nitrate levels at approximately 5.5 parts per million at Monitor Well #1, a slight improvement over the previous test. Mr. Dey discussed possible causes of the nitrate contamination, including seepage from the wastewater ponds, suggesting installation of an isolation valve.

Under New Business, the board discussed a proposed $100 per month rent increase for NSD office space leased from R&R Taxation. Members agreed that the increase was reasonable given inflation and current market conditions. Mr. Stephen Dey moved to approve the $100 monthly rent increase, seconded by Mr. Behney. The motion passed unanimously.

The board next considered a proposed employment agreement to replace former Site Operator Chris Wilhoite. NSD attorney Denis Fitzgibbons advised that Chair Charles Behney declare a conflict of interest because he was the proposed employee. Mr. Behney recused himself from discussion and abstained from voting while Vice Chair Stephen Dey presided over this agenda item.

Mr. Dey expressed support for compensating work performed outside the normal duties of a board member, including grant administration and specialized technical work, but stated concerns regarding the structure of the proposed agreement, the minimum monthly hours, and the broad scope of responsibilities described. He spoke of the need for clearer job boundaries, more specific compensation for individual tasks, and the possibility of restructuring the position as an independent contractor arrangement. Attorney Fitzgibbons noted that these options could be considered by the board.

Following discussion, Mr. Dey moved to table consideration of the proposed employment agreement to allow additional revisions and discussion, including the possibility of conducting a public work session. The motion was seconded by Mr. Victor Silva. Following a roll call vote among the eligible voting members, the motion passed unanimously. Mr. Behney remained recused and did not participate in the vote.

During the public comment period, Mr. David Loyd, Ms. Lori Anderson and Naco resident Roland addressed the board. Mr. Loyd spoke regarding the historical volunteer nature of board service, the potential financial impact of creating a compensated administrative position, while Ms. Anderson spoke regarding her NSD tax rates. Mr. Loyd also acknowledged the significant improvements made to NSD operations while encouraging continued transparency and public involvement in future discussions. Mr. Dey thanked the public for their comments and stated they would be taken into consideration.

A motion to adjourn was made by Mr. Behney and seconded by Mr. Dey. The motion passed unanimously, and the meeting was adjourned at 5:20 PM.

___________________________

Charles Behney, Naco Sanitary District Chair

Meeting Minutes
June 5, 2026

Mr. Charles Behney called the Naco Sanitary District meeting to order on June 5, 2026, at 5:13 PM. The entire board was in attendance. NSD attorney Denis Fitzgibbons was present by video. Next, the board reviewed the minutes from the May 1, 2026, meeting. A typo was identified by Mr. Denis Fitzgibbons; the board subsequently approved the minutes with this single correction.

Under old business, finances and the current status of loans and grants were discussed. According to Mr. Behney, the district is in its strongest financial position to date, with no problems regarding future funding. Sufficient funds are available for necessary monitor well replacements and prospective WIFA loans. Mr. Stephen Dey confirmed that the payroll account is sufficient for the first three months of the coming fiscal year. Remaining funds from the main county account will be transferred to reserves by mid-June, with projected reserves of $30,000 to $40,000 plus a $30,000 carryover.

The board reviewed the fiscal year 2026-2027 budget, which had completed its 30-day public comment period. Despite needing the balances in the reserve accounts due to pending end-of-year calculations, Mr. Behney moved to approve the budget as written, which was seconded by Mr. Dey. The motion passed unanimously.

Progress on USDA, NAD Bank, and WIFA grants has been steady but limited. Communication continues with the USDA regarding two pending grants, while the North American Development Bank (NADB) awaits a Preliminary Engineering Review. Regarding monitor well procurement, bids are being submitted by BJ Drilling and Tanner Well Services. The board was notified that engineering firm Kimley-Horn will manage the approval and revision process for these well estimates.

The NSD is currently under accelerated monitoring due to nitrate and coliform levels exceeding limits. Mr. Dey attributed recent contamination to backflow into the test faucet caused by the removal of a one-way valve. Consequently, Tanner Well Services will install a one-way isolation valve. Ongoing concerns include a flow meter that has been inoperable for six months. Ripple is scheduled to troubleshoot software and data reporting issues next week. Additionally, Mr. Behney identified a critical need for lightning suppression hardware for the SCADA system to prevent future damage.

The board reviewed the revised bylaws. Denis Fitzgibbons confirmed the documents were acceptable as written. Mr. Behney made a motion to approve the draft Bylaws as written, seconded by Mr. Dey. The board unanimously passed the motion to approve the revised bylaws, and it was noted that no public comments were received during the 30 day comment period.

Charles Behney reported that Bisbee mayoral candidate Charles Flanigan and Cochise County Supervisor Kathleen Gomez support the district’s mitigation plan. Candidate Flanigan will establish a work group to foster regional cooperation between Naco, Bisbee, and Douglas.

A motion to adjourn was requested by Charles Behney and seconded by Steven Day. The motion passed, and the meeting was adjourned.

___________________________

Charles Behney, Naco Sanitary District Chair

 

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.