NACO SANITARY DISTRICT
SPECIAL MEETING

May 19, 2023 at 3:00 PM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85603

AGENDA

ANY ITEM ON THIS AGENDA IS OPEN FOR DISCUSSION. THE ORDER OR DELETION OF ANY ITEM ON THIS AGENDA IS SUBJECT TO MODIFICATION AT THE MEETING. WORK SESSIONS HAVE NO ACTION ITEMS REQUIRING VOTES.

CALL TO ORDER

ROLL CALL

AGENDA ITEMS

OLD BUSINESS

Discuss and approve the minutes of February 23, 2023.

Discuss the ADEQ letter to NSD evaluating the feasibility of Naco Sanitary District accepting wastewater from Naco, Sonora from June 28, 2018.

NEW BUSINESS

Discuss, modify and approve the Maintenance and Operation/Current Capital Outlay for Cochise County Special Taxing District Annual Budget for the Naco Sanitary District for Fiscal Year 2023-2024.

Discuss RFI for EPA-HQ-OEJECR-2023-0023, a Request for Information from EPA to NSD, regarding EPA Border 2025.

Discuss NADBank application progress for BEIF/PDAP funds.

Discuss USDA grants and application progress.

Discuss WIFA grants.

Discuss and approve the participation and policies of Border 2025 regarding Naco, Arizona; Naco, Sonora and Bisbee, Arizona regional infrastructure and environmental goals.

Report from the Chair.

Report from the Office Manager.

CALL TO THE PUBLIC

This is the time for the public to comment. Members of the Board may not discuss items that are not specifically identified on the current agenda.

PURSUANT TO THE AMERICANS WITH DISABILITIES ACT (ADA), the Naco Sanitary District does not, by reason of a disability, exclude from participation in or deny benefits of services, programs, or activities, or discriminate against any qualified person with a disability.

NACO SANITARY DISTRICT IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

Minutes of meetings or appropriate supporting documentation available upon written request to:

NACO SANITARY DISTRICT

P.O. BOX 755
Naco, AZ 85620
Voice Mail: (520) 353-4372

POSTED BY: Charles Behney NSD Director
POSTED ON: February 18, 2023 3:00 PM
POSTED AT: Naco Fire Station; United States Post Office, Naco

SPECIAL MEETING
MINUTES
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 85620
February 3, 2023
Minutes

The meeting of the Naco Sanitary District was called to order at 10:28 AM. Roll call present: Angelica Coronado, Jesus Guerrero, Stephen Dey, Andrew Foster, and Charles Behney.

First order of business was to elect new officers. Mr. Dey explained the process for electing directors. Mr. Dey, citing his past experience as NSD Chair, nominated himself for Chair. With no other nominations, Mr. Foster seconded the motion to re-elect Mr. Dey for Chair. The motion passed, unanimously.

Mr. Dey nominated Mr. Behney for re-election to Vice Chair. Mr. Behney seconded the nomination, which then passed unanimously.

Mr. Behney then nominated Ms. Coronado for Secretary-Treasurer, which was seconded by Mr. Dey and then passed unanimously.

The new board then discussed the minutes of September 12, 2022. Mr. Behney made a motion the approve the minutes as written. Mr. Guerrero noted an error in the minutes as written. The minutes were corrected to “past due customers will receive copies of the bylaws”, correcting “to be receive”. The corrected minutes were then passed unanimously.

The Spanish version of the NSD Bylaws on the website were discussed. Mr. Behney made a motion to approve the Spanish NSD Bylaws as written. The motion was seconded by Mr. Dey. The board unanimously approved.

Friday meetings were discussed, to replace the Tuesday meetings. Discussion of Open Meeting Law and ethical violations regarding tax dollars and public notices. Agenda items should be given to the chair to avoid problems. Any board member can submit agenda items, besides the Chair.

Budget deadlines were discussed. Mr. Dey explained the grant budget needs, and the NSD’s goal for obtaining local assistance and grants.

Mr. Behney suggested raising property taxes to fund NSD. Mr. Dey explained property values and tax rates for revenue. Mr. Behney discussed the problems obtaining SAM verification that he was having. He suggested an affidavit of facts to send to SAM.Gov to obtain verification for NSD.

Mr. Behney also suggested an update for NSD Bylaws, and an updated emergency response plan for NSD.

Mr. Dey explained the Naco Community Wetlands Mitigation Plan of 2018, and its significance for NSD. NSD is qualified for an $8,000,000 grant from NADBank when we get verification.

Mr. Behney eplained how the NSD WWTP was originally built for Bisbee and both Nacos with an EPA grant from 1979. Mr. Dey further explained long term controversies about NSD WWTP, and the interest of NADBank regarding long term planning along the border. Mr. Dey explained that at least $8,000,000 was needed for grant opportunities in the pending budget. Mr. Behney stated that Naco is the only community along the border that is missing binational cooperation and why NSD is important for completing projects in Naco, Sonora.

The meeting motion to adjourn was made by Mr. Dey, seconded by Mr. Behney and unanimously adjourned at 11:01 AM.

 

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair *

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

520-353-4372

This is a courtesy posting of events at which a quorum of the Board may be present. Naco Sanitary District Board action will only be taken at properly-noticed NSD Board meetings.

Meeting agendas are posted separately, at least 24 hours prior to the meeting.

Tuesday 4/11/2023

A meeting of the AMA in Douglas, Arizona may have a quorum of NSD members in attendance.

Friday 4/14/2023

The NSD board may constitute a quorum during work hours on Fridays at the NSD office and the WWTP in Naco.

NACO SANITARY DISTRICT
WORK SESSION

Febuary 31, 2023 at 10:00 AM

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

AGENDA

ANY ITEM ON THIS AGENDA IS OPEN FOR DISCUSSION. THE ORDER OR DELETION OF ANY ITEM ON THIS AGENDA IS SUBJECT TO MODIFICATION AT THE MEETING. WORK SESSIONS HAVE NO ACTION ITEMS REQUIRING VOTES.

CALL TO ORDER

ROLL CALL

AGENDA ITEMS

Report from the Chair. Status of grants applications. Budget work sessions and status. Discussion of reserve accounts. RCAC and NSD Advisor Mario Casillas.

Report from the Vice Chair. Short history of the Naco Community Wetlands Mitigation Plan and the update for Border 2025’s Request for Information. Draft affidavit of facts for grants and funders. The status of preliminary engineering with Huitt Zollars, NADBank – the Environmental Defense Fund request to partner with NSD.

Discussion and reading of emails regarding NSD, the Water Leadership Institute, RCAC, the Environmental Defense Fund, and Congressman Grijalva’s staff.

Questions and answers regarding NSD operations, the update for the Emergency Response Plan. ARPA and the NSD status as a Municipal Corporation.

 

CALL TO THE PUBLIC

This is the time for the public to comment. Members of the Board may not discuss items that are not specifically identified on the current agenda.

PURSUANT TO THE AMERICANS WITH DISABILITIES ACT (ADA), the Naco Sanitary District does not, by reason of a disability, exclude from participation in or deny benefits of services, programs, or activities, or discriminate against any qualified person with a disability.

NACO SANITARY DISTRICT IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

Minutes of meetings or appropriate supporting documentation available upon written request to:

NACO SANITARY DISTRICT
P.O. BOX 755
Naco, AZ 85620
Voice Mail: (520) 353-4372

POSTED BY: Charles Behney NSD Director

POSTED ON: February 30, 2023 10:00 PM

POSTED AT: Naco Fire Station; United States Post Office, Naco

Audio Recording – NSD Meeting 02-03-2023

NACO SANITARY DISTRICT
SPECIAL MEETING
February 3, 2023 at 10:00 AM

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

AGENDA

ANY ITEM ON THIS AGENDA IS OPEN FOR DISCUSSION. THE ORDER OR DELETION OF ANY ITEM ON THIS AGENDA IS SUBJECT TO MODIFICATION AT THE MEETING

CALL TO ORDER

Selection of chairman, vice-chairman and secretary-treasurer.
Secretary-treasurer to take minutes, in accordance with a.r.s. § 38-431.01(b), for the meeting.

ROLL CALL

AGENDA ITEMS

Old Business

Read and approve the minutes for 10-4-2022.
Discuss and approve the Spanish translation of NSD Bylaws.

New Business

Discussion and Action – Set Meeting Dates, Times, Locations and Agenda Posting Locations.
Potential Future Agenda Items – the Board will not discuss the items listed below, but will schedule them for an upcoming agenda. Directors may add to this list during the meeting, but shall not discuss or take legal action on any item listed below.

Property Tax Review
Potential update to District bylaws

CALL TO THE PUBLIC

This is the time for the public to comment. Members of the Board may not discuss items that are not specifically identified on the current agenda.

PURSUANT TO THE AMERICANS WITH DISABILITIES ACT (ADA), the Naco Sanitary District does not, by reason of a disability, exclude from participation in or deny benefits of services, programs, or activities, or discriminate against any qualified person with a disability.

NACO SANITARY DISTRICT IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

Minutes of meetings or appropriate supporting documentation available upon written request to:

NACO SANITARY DISTRICT
P.O. BOX 755
Naco, AZ 85620
(520) 353-4372

POSTED BY: Charles Behney NSD Director
POSTED ON: January 31, 2023 12:30 PM
POSTED AT: Naco Fire Station; United States Post Office, Naco

The Naco Sanitary District has a new phone number: 520-353-4372.

Audio File for October 4, 2020 Meeting

SPECIAL MEETING
MINUTES
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620
September 12, 2022, at 10 PM

Minutes

NSD Chair Stephen Dey called the special meeting to order at 10:10 PM. Present: Charles Behney, Stephen Dey, Jesus Guerrero, Andrew Foster absent, Robert Orlowsky, excused. Ms. Monika Patience was also present.

Under old business, the minutes were revised from a special meeting to a regular meeting. Mr. Dey made a motion to accept the meeting, which was seconded by Mr. Behney. The minutes were approved unanimously.

Mr. Dey changed the order of New Business to discuss the rate increase before the letter to customers regarding rates. Mr. Dey stated that a rate increase was necessary to prevent NSD from running out of operating expenses. NSD barely has enough funds for basic needs, such as the office and testing. An increase of either $25 or $27 was brought up by Mr. Dey. Mr. Dey suggested a temporary rate increase for six months, and then the board would readdress it. Mr. Behney asked for the record that the rate increase was necessary due to past due accounts from residents and businesses not paying. Yearly customers would not be charged extra. Mr. Dey wanted to know how many monthly customers would be affected by the rate increase. Mr. Behney noted that 150 customers paying $25 a month would raise $3750 in revenues. Mr. Dey stated that tax revenues were soon to arrive, and some other customers were now paying. Mr. Behney suggested a rate of $25 while Mr. Dey considered a $27 increase.

Mr. Behney made a motion to raise the rates to $25 for six months, after which it will be revisited. Mr. Dey amended the motion to raise the rates to $25 a month for monthly customers, for six months, effective on November 1^st until May 30, 2023. Any customer can pay the yearly fee of $170 until November 1^st, 2022. After that it will rise in accordance with the new fees, to be readdressed in six months. The motion was seconded by Mr. Behney and then passed unanimously.

Mr. Behney read the rough draft of the letter to NSD customers. The board edited the letter and unanimously approved this draft for November:

Dear Naco Sanitary District Customers,

There are several Naco Sanitary District customers who have not paid for their sewer services and are past due.

These past due accounts owe the NSD approximately $30,000, as of September 9, 2022. Because of this, NSD will need to raise their rates to $25.00 for the next six months to continue to provide services for the Naco community.

Customers who are not paying will have their services discontinued, their water may be disconnected, and a lien may be placed on properties that have non-payment and past due accounts. Cochise County may condemn the property.

After six months, when the NSD accounts are no longer past due, the rates may be reduced again.

The former NSD Board of Directors received a Notice of Violation that caused the wastewater treatment plant to go out of compliance with the Aquifer Protection Permit. This cost NSD $15,000 to bring the WWTP back into compliance.

The required flowmeter was over twenty years old and was out of warranty and no longer functioned. NSD paid $20,000 for a new, automated flowmeter to remain in compliance with ADEQ.

As a result, reserve accounts were emptied, so NSD must raise rates and refill our reserve accounts for the community’s waste and sewer services.

Sincerely,

The Naco Sanitary District Board of Directors

Mr. Dey spoke about the past due letter that will need to be on a future agenda.

The meeting was adjourned at 10:35.

_____________________________________

Stephen T. Dey

Naco Sanitary District Chair October 4, 2022

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

REGULAR MEETING
NSD Business Office
1326 W. Highway 92 #12
Bisbee, AZ 95620
October 4, 2022, at 5 PM

AGENDA

ROLL CALL

OLD BUSINESS

Discuss and approve the minutes for September 12,2022 Special Meeting of the NSD.

OLD BUSINESS

Discuss, edit and approve the draft of the Spanish bylaws, and draft version the notification letter to past due accounts and their status.

Discuss past due accounts and their financial status.

Discuss phone status.

NEW BUSINESS

Discuss the Cochise County Board of Supervisors approval of Jesus Guerrero, Angelica Coronado, and Andrew Foster to the Naco Sanitary District board, effective December 1, 2022.

Discuss the Professional Engineering Review that the USDA, ADEQ and WIFA representatives are conducting for NSD, regarding the WWTP, rate planning, grants, and loans.

MEMBER AND STAFF COMMENTS

CALL TO THE PUBLIC

Comments by the public are usually limited to three minutes per person.

PURSUANT TO THE AMERICANS WITH DISABILITIES ACT (ADA), the Naco Sanitary District does not, by reason of a disability, exclude from participation in or deny benefits of services, programs, or activities, or discriminate against any qualified person with a disability.

NACO SANITARY DISTRICT IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

Minutes of meetings or appropriate supporting documentation are online and available upon written request to:

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

POSTED BY: Charles Behney NSD Director