Naco Sanitary District Meeting 2024-03-01 9:00 AM

 

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620

March 1, 2024

Minutes for March 1, 2024

Regular Meeting

9:00 AM

The meeting was called to order at 9:05 AM. Present at roll call were Andrew Foster, Charles Behney, Jesus Guerrero, Angelica Coronado and Stephen Dey.

For the Chair’s Report, Mr. Dey stated that NSD was in good shape.

The Vice Chair, Charles Behney read and discussed the Rural Community Assistance Corporation Work Plan.

Mr. Behney read this from RCAC Program Manager Ramon Lucero:

1/12/2024
Broad Scope of Work

The Naco Sanitary District and Bisbee are working on an Integrated Regional Transboundary Wastewater Mitigation Plan.  This is a regional project which is attempting to mitigate major water quality issues within a sole source aquifer which impacts Naco, Sonora, Naco, AZ, and Bisbee. This sole source aquifer has been polluted by a spreading sulfate plume which has impacted water quality for these communities in addition to many private wells.

These entities are working towards an interconnected, regional wastewater treatment plant including constructed wetlands to eliminate the effluent discharge into what’s called the Green Bush Draw, connect pipelines to Naco, Sonora WWTPs to address emergencies, construct wetland lagoons for sulfate mitigation and recharge treated effluent into a positive hydro-static pressure dome to protect further spreading of the sulfate plume.

Ms. Patience was occupied and not available for the Officer Manager’s Report.

New Business

The board read the Minutes for January 25, 2024. Mr. Dey made a motion to approve the minutes, which was seconded by Mr. Behney. The motion passed unanimously.

Next, the board discussed the utility will serve letter to Mr. Joseph Lewis and Camp Riff-Bisbee Ventures LLC for the former country club properties. This letter will approve connections and service to his properties within the Naco Census Data Place. Mr. Dey explained that before any construction can be started within the NSD, a utility will serve letter must be approved and sent by the NSD granting permission to connect to the sewer system. Mr. Dey stated that NSD will provide up to 25,000 gallons per day to Bisbee Ventures until the current system is improved and expanded. NSD currently is using 35,000 gpd. Adding 35,000 and 25,000 gpd will provide 60,000 gpd. 5000 gpd for infill and vacant lots. Mr. Dey stated that possible limits to NSD current capacity will require the system to be expanded. In exchange for providing Bisbee Ventures with 25,000 gpd, the 170 acres would be annexed into the NSD. This would provide more property taxes to the district, which would lower the taxes for the NSD residents. The property taxes would come down. The Camp Riff project will actually improve NSD’s standing with grants and funding. Mr. Behney stated that Camp Riff will lower property taxes and take pressure off of the current businesses and residents. Mr. Dey made a motion to write the will serve letter, which was seconded by Mr. Behney. The motion was approved with a roll call vote, which was unanimous.

The board next discussed a possible sewer connection moratorium after connections to the former country club properties. Mr. Dey was concerned about the legality of a moratorium, whether a resolution or an ordinance would be needed. With the Camp Riff build-out, other projects and developments could be limited by NSD’s current capacity. NSD attorney Jon Paladini explained that there is a statutory process for adopting a moratorium which includes publishing an advertisement in a newspaper and a series of findings. Mr. Paladini recommending not pursuing a moratorium, because it entails a very specific process. Mr. Paladini offered to provide NSD with a memorandum for how to do this. Mr. Paladini stated that the new connections would add up to 70,000 gpd, leaving approximately 15,000 gpd available. Mr. Dey said that the ADEQ Aquifer Protection Permit for 86,000 gpd was an “absolute maximum.” Mr. Dey was concerned that the City of Bisbee was ignoring NSD regarding connections for the Camp Naco project. As this was preliminary, Mr. Behney suggested moving on to the next agenda item. Mr. Paladini offered to send a memo outlining the legal steps for a moratorium.

The board then discussed and unanimously approved payment for a certified FAA drone operator license for NSD drone files to become public domain. Mr. Behney will study and take the FAA 107 examination.

The NSD next discussed and approved a courtesy quorum notice for budget work sessions on Friday for the next two months at the office.

Comments from the Board and Public.

Ms. Renee Reed expressed concerns about NSD being a taxing district that no longer bills residents. Her taxes have increased. She suggested NSD contact social agencies and return to liens for non-paying customers.

Ms. Laurie Anderson claimed NSD “was jumping the gun” in providing Camp Riff a utility will serve letter that allows for 25,000 gpd for their proposed development.

Mr. David Loyd said he understood the NSD had a limit of 86,000 gpd. Mr. Dey stated that 20,000 gpd in reserve will allow for infill of lots within the district.

The meeting was adjourned at 9:48 AM.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Posted at the Naco Post Office, Naco Fire Department

Posted online: 5/1/2024 11:00 AM

 

Meeting – March 1, 2024 at 9:00 AM

 

MEETING

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620
March 1, 2024

Agenda

Regular Meeting

9:00 AM

Call to Order. Roll Call.

Chair’s Report.

Vice Chair will read and discuss the RCAC Work Plan.

Officer Manager’s Report.

New Business

Discuss and approve the Minutes for January 25, 2024.

Discussion and approval of letter to Joseph Lewis and his company to provide a letter of intent to provide service to his properties within the Naco Census Data Place.

Discussion of possible sewer connection moratorium after connections to the former country club properties.

Discussion and possible approval of certified FAA drone operator license for NSD drone files to become public domain.

Discuss and approve a courtesy quorum notice for budget work sessions on Friday for the next two months at the office.

Comments from the Board and Public.

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

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Posted at the Naco Post Office, Naco Fire Department: 2/29/2024 8:30 AM

Posted online: 2/29/2024 8:00 AM

 

 

Special Meeting Minutes for January 25, 2024

 

SPECIAL MEETING
MINUTES

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85603

January 25, 2024

Minutes

The meeting was called to order at 6:06 PM. Present at Roll Call were Stephen Dey, Charles Behney, Jesus Guerrero, Angelica Coronado and Andrew Foster.

Mr. Dey then orally gave his Chair’s Report. Mr. Dey related that earlier on January 25, he and Mr. Behney spent six hours with Alexis Ramanjulu of KGUN news for a series on groundwater in Arizona. Mr. Behney spoke about how Ms. Ana-Gonzalez-Gomez of the Western Environmental Science Technical Assistance Center for Environmental Justice (WEST EJ Center) had asked for information from a Federal Officer regarding Naco, and our legal issues. Mr. Dey then read this from Ms. Gonzalez-Gomez:

This is great news! Thanks so much for keeping us updated. I spoke with Paula Flores-Gregg yesterday, the Designated Federal Officer (DFO) of EPA’s National Environmental Justice Advisory Council (NEJAC), about Naco and what you are currently working on. She asked that I send all the info I have to her, and she will make sure to bring up Naco in her talks with her colleagues and bosses. Is it alright with you if I send her all the information you have shared with me?

And congratulations on sending that SEARCH grant through! Let me know if you would like any help with this next grant you are working on- whether it be preparing the application, proof reading, etc.!

Best,

Ana Gonzalez-Gomez

Discussion and action regarding the Pierce Coleman Law Firm Letter of Engagement for General Municipal Matters was short since the earlier work session and the offer from Mr. Jon Paladini was fair and thorough. A motion was made by Mr. Dey to approve the Letter of Engagement without any changes, and was seconded by Mr. Behney. A roll call vote was taken, and the motion passed unanimously.

Next on the agenda, was discussion and action regarding the site manager position and hiring. A notice was published for this position in the Bisbee Observer on December 22, 2023. Mr. Chris Willhoite has done work and repair onsite since last year and was the only applicant. A motion was made by Mr. Dey to hire Mr. Willhoite for site manager, seconded by Mr Foster, and a roll call vote was taken. The motion passed unanimously.

Old Business

The board then discussed the Minutes for November 3, 2023 as written. A motion was made to approve the minutes by Mr. Dey, and seconded by Mr. Behney. The motion was unanimous.

Next, the board discussed the Work Session Minutes for December 1, 2023. A motion was made to approve the minutes by Mr. Dey, and seconded by Mr. Behney. The motion was unanimous.

Next, the board discussed the Work Session Minutes for January 5, 2024 as written. A motion was made to approve the minutes by Mr. Dey, and seconded by Mr. Behney. The motion was unanimous.

Discussion status of attorneys, grants and task force requests was struck, since these topics were already discussed.

A motion to adjourn was made by Mr. Dey and seconded by Mr. Behney, which then passed with unanimity. The meeting adjourned at 6:19 PM.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Work Session Minutes for December 5, 2023 and Work Session Minutes for January 5, 2024

WORK SESSION
MINUTES
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620

Work Session Minutes for December 5, 2023

The work session was called to order at 2:00. The NSD Board was present. Rural Community Assistance Corporation advisors Ramon Lucero and Mario Cassillas were also present. A member of the public named Jason was present.

Mr. Dey presented the current status of grants to Mr. Lucero and Casillas.

Mr. Casillas explained the remaining steps necessary for NSD’s USDA RD SEARCH grant, which will start a Preliminary Engineering Review, for $30,000.

Mr. Lucero described the steps required from both RCAC and NSD to grow from a small project to a large public works program.

Board members Angelica Coronado and Jesus Guerrero described the water rationing that occurs in Naco, Sonora due to water leaks that necessitate the wells to be turned off at night for the entire town.

Mr. Dey described the similar water rationing that continues along Purdy Lane.

Mr. Behney spoke about the long term timeline that the Naco Regional Plan will need to protect the aquifer for the next one hundred years.

The meeting adjourned at 4:00 PM.

Work Session Minutes for January 5, 2024

The work session was called to order at 9:00 AM. The full NSD board was present at roll call. Mr. Jon Paladini of the Pierce Colman law firm consulted with NSD regarding general municipal attorney services.

As this was a work session, no actions were taken by the board.

The meeting was adjourned at 9:30 AM.

Special Meeting – January 25, 2024 at 6:00PM

SPECIAL MEETING

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85603

January 25, 2024

Agenda

Regular Meeting

6:00 PM

Call to Order. Roll Call.

Chair’s Report.

Discussion and action regarding the Pierce Coleman Law Firm Letter of Engagement for General Municipal Matters.

Discussion and action regarding site manager position and hiring.

Old Business

Discuss and approve the Minutes for November 3, 2023.

Discuss and approve the Work Session Minutes for December 1, 2023.

Discuss and approve Work Session Minutes for January 5, 2024.

Discuss status of attorneys, grants and task force requests.

Comments from the Board, the Office Manager and Public.

_____________________________________

Stephen T. Dey
Naco Sanitary District Chair

Posted at the Naco Post Office, Naco Fire Department: 1/24/2023 3:00 PM

Posted online: 1/24/ 2024 2:00 PM

Click here to join the meeting: https://join.skype.com/3ABkW3YJxhRP

Meeting – January 5, 2024 9:00 AM

MEETING

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620

January 5, 2024

Agenda

Work Session

9:00 AM

Work Session and Conference Call with Jon Paladini regarding General Municipal Attorney for NSD.

Regular Meeting

9:30 PM

Call to Order. Roll Call.

Chair’s Report.

Financial Report.

Old Business

Discuss and approve the Minutes for November 3, 2023.

Discuss and approve the Work Session Minutes for December 1, 2023.

Discuss status of grants and task force requests.

Comments from the Board, the Office Manager and Public.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Posted at the Naco Post Office, Naco Fire Department: 1/4/2023 1:00 PM

Posted online: 1/4/ 2024 9:00 AM

Meeting – December 1, 2023 2:30 PM

MEETING

NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620

December 1, 2023

Agenda

Work Session

2:30 PM

Work Session with Rural Community Assistance Corporation.

Regular Meeting

3:00 PM

Call to Order. Roll Call.

Chair’s Report.

Old Business

Discuss and approve the Minutes for November 3, 2023.

Discuss status of grants and task force requests.

Comments from the Board, the Office Manager and Public.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Posted at the Naco Post Office, Naco Fire Department: 11/30/2023 1:00 PM

Posted online: 11/30/2023 12:00 PM

 

 

Special Meeting Minutes September 8, 2023

SPECIAL MEETING
MINUTES
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620

Minutes for September 8, 2023

The Special Meeting was called to order at 3:15 PM. Present at Roll Call were Angelica Coronado, Jesus Guerrero, Stephen Dey, Andrew Foster and Charles Behney.

First agenda item was old business. The minutes of May 19th were discussed and approved unanimously as written.

The minutes of June 23rd were also discussed and approved unanimously as written.

The final wording of the resolution of May 19, 2023 was discussed. The reasons and agencies that NSD is working with and the written sections were discussed. Mr. Behney made a motion to pass the resolution as written. Mr. Guerrero seconded the motion, which then passed unanimously after a roll call vote. The board signed the resolution as written.

Under new business, Mr. Dey discussed the consent agenda and NSD’s bills. Water testing bills were going down. All bills are currently paid.

There were no comments from the public.

The meeting was adjourned at 3:27 PM.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

NACO SANITARY DISTRICT
P.O. BOX 755
Naco, AZ 85620

520-353-4372

November 8, 2023 Meeting Agenda

MEETING
AGENDA
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620
11/03/2023

Agenda

3:00 PM

Call to Order. Roll Call.

Chair’s Report.

Old Business

Discuss and approve the Minutes for September, 2023.

New Business

Discuss and possible action of on-call site maintenance and operations.

Discuss status of grants and task force requests.

Comments from the Board, the Office Manager and Public.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair

Naco Sanitary District Request 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.