Regular Meeting 1/3/2025
10:00 AM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Minutes

The meeting was called to order at 10:05 AM. On roll call, Jesus Guerrero, Stephen Dey and Charles Behney were present. Andrew Foster was absent.

The first order of business was to discuss and approve the Minutes of 12/6/2024. Mr. Guerrero noticed a minor grammatical error that was corrected. Mr. Dey made a motion to approve these Minutes, and Mr. Behney seconded the motion. The motion passed unanimously.

Next, the resignation of Angelica Coronado was discussed. Mr. Dey stated that he had placed a copy of Ms. Coronado’s resignation letter in the files sometime in August 2024. The board at large was never given this letter until December. An advertisement in the local paper was discussed. Mr. Behney made a motion to advertise the vacancy in the local paper that was seconded by Mr. Dey. The motion was approved unanimously.

Next, the ADEQ Notice of Violation (NOV) was discussed. Advisors from the Rural Community Assistance Corporation RCAC  are assisting NSD with the NOV, and in editing a Request for Proposals (RFP) for an engineering consultant for a USDA Special Evaluation Assistance for Rural Communities and Households (SEARCH) Grant.

Mr. Behney made a motion to advertise for the RFP to solicit engineering consulting in the local newspaper, after RCAC consults with NSD regarding its content. Mr. Dey seconded the motion, with a comment to make the RFP available to everybody. The motion was passed unanimously.

Next, the sewage connections with Camp Riff were discussed. Joseph Lewis, owner of Camp Riff notified the NSD that it was economically unfeasible to connect with NSD due to the depth and costs of connections to the existing system. More discussions with Camp Riff is ongoing regarding easements and the water trespass on Green Bush Draw. It is now possible to request legal services with the Lewis and Roca Law Firm, since there is no possible conflict of interest between Camp Riff and NSD, stated Mr. Behney. Mr. Dey stated that the lines were approximately 21 feet in depth, which is too costly to connect. Discussion with Camp Riff will continue.

Next, an updated Emergency Response Plan (ERP) and the Operating/Procedures Manual was discussed. Mr. Behney stated that the ERP was being updated while the Operating Manual includes daily, weekly, monthly and yearly tasks for employees and the Directors to follow. This manual will explain operations of the NSD and guide both the Directors and employees. Anyone who reads this manual will understand what it takes to run the NSD, both as Directors and employees. Mr. Behney is drafting the ERP with an ADEQ template, which is simpler than the current, outdated NSD ERP. The finished operating manual will be used to solicit new members for the NSD.

The ADEQ Notice of Violation (NOV) was discussed. NSD received the NOV on December 24, 2024. Mr. Behney stated that the Verhelst House had a crew clearing three ponds of weeds and brush along the berms. Once the pond berms are cleared and visible, then the erosion on Lagoon 4 will be ready for remediation by the heavy equipment crew to be restored to its original contours. Mr. Dey said that we should observe the accepted standards for the ponds, and also repair possible stormwater damage outside of the north fence to ensure no more erosion within the WWTP caused by floods.

Mr. Behney has photos for the first written report due to ADEQ, fifteen days after the NOV. Mr. Ramon Lucero of RCAC has offered to help with drafts and other documents related to the NOV. The written reports are mandatory regarding the ADEQ NOV. Mr. Dey suggested contacting the Water Infrastructure Financing Agency for a loan, but deferred to RCAC for guidance. Mr. Matthew Tanner has done an inspection of the well system. NSD will probably need two pumps due to damage done to the system and incorrect plumbing. Mr. Dey claimed that NSD had the funds to approve $15,000 without tapping the reserve account. Mr. Dey was concerned about bids for anything over $5000. Mr. Behney stated that NSD has an emergency appropriation of $15,000 because of the NOV. Brent Weller was contacted and agreed to contract for heavy equipment services to remove the deficiencies, repair the roads and berms as needed.

Mr. Behney said that the first written report was due on the next Tuesday, with two more written reports due two weeks after the first written report. Mr. Dey suggested hiring a professional crew for the summer cattails. Mr. Behney replied that the ADEQ Inspector was less concerned about the cattails, with the priority being the cleared berms and erosion repair. Grazing cattle was then discussed. ADEQ would consider grazing, but Site Operator Ronald Jacobsen opposed any grazing. Mr. Behney suggested contacting John Ladd for assistance regarding a dike breach that ADEQ listed for repairs. Mr. Dey spoke about dike soil compaction and other possible requirements regarding dam repairs. Mr. Dey suggested fence improvements. Mr. Behney replied that Site Manager Chris Willhoite was training a local crew at Camp Riff which would availabe as needed for continued maintenance of the NSD site. Mr. Dey said that renting heavy equipment from Camp Riff was also possible.

The next agenda item was to obtain new legal services. Mr. Behney reported that NSD lost legal services due to a conflict of interest wherein the Bisbee City Attorney joined Pierce Coleman Law Firm, which provided had provided legal services to both NSD and the City of Bisbee. A complaint was submitted to the Arizona State Bar, which was declined. As a result NSD was consdering Lewis and Roca, which has a partner, Michael McNulty. Mr McNulty is the former water attorney for Pima County and has experience with local water issues in Cochise County. Mr. Dey suggested advertising for this service. Mr. Behney will write a letter to Mr. McNulty for his interest or a referral. Mr. Dey suggested advertisements for legal services. Mr. Dey asked to make a motion regarding legal services. The agenda item was for discussion, so no motion was made.

Mr. Behney asked to adjourn, and Mr. Dey seconded the motion. The meeting adjourned at 10:37 AM

 

__________________________
Charles Behney, NSD Director

 

 

 

Naco Sanitary District has an Opening for a Director of the Board. Letters of Interest are being solicited for a vacancy on the NSD.

• A letter of interest must be submitted to Naco Sanitary District, Box 755, Naco Arizona 85620
• Applicants must be residents living within the Naco Sanitary District boundaries
• Applicants my be registered voters
• Applicants must be available for meetings and work sessions.

The Naco Sanitary District will review the letters of interest and vote on the applicants at a regular meeting.

Regular Meeting 1/3/2025
10:00 AM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 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
ROLL CALL
MEETING WILL BE RECORDED, IN ACCORDANCE WITH A.R.S. § 38-431.01(B).

Old Business
Discussion and possible approval of minutes from 12\06\2024 meeting.

Discussion of Angelica Coronado’s resignation. Ms. Coronado submitted a resignation letter to former NSD Chair Stephen Dey on August 1, 2024. The Cochise County Clerk of the Board received this letter on August 14, 2024. Mr. Dey forwarded a copy of the resignation letter to NSD on December 6, 2024.

Discussion and approval for NSD to solicit letters of interest to fill the vacant seat, including a newspaper advertisement, if needed.

Discussion of the status of the USDA SEARCH grant for NSD.

Discussion and approval of advertisements and solicitations for a Request for Proposal for and engineering firm to assess NSD assets and conditions.

Discussion of Camp Riff’s engineering plan, which will not involve sewage connections for Camp Riff.

New Business

Discussion of an updated NSD Emergency Response Plan, and an updated NSD Operating Manual.

Discussion of the ADEQ Notice of Violation and the ongoing efforts of NSD to bring the wastewater treatment plant back into full compliance.

Discussion regarding a solicitation to Lewis and Roca Law Firm for NSD legal services.

Staff and Board Comments:
Any comments, information not addressed on the agenda. Any suggestions for upcoming meeting
agenda topics. No further discussion on these topics is permitted.

Public Comments:
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.

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

Adjourn Meeting

Posted at the Naco fire station and the Naco Post Office At 10:00 AM. on 1/2/2025
Posted online on 9:00AM

__________________________
Charles Behney, NSD Director

Regular Meeting 12/6/2024
10:30 AM
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 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
ROLL CALL
ELECTION OF CHAIR AND VICE-CHAIR
MEETING WILL BE RECORDED, IN ACCORDANCE WITH A.R.S. § 38-431.01(B), FOR THE MEETING

Old Business
Discussion and possible approval of minutes from 06\19\2024 meeting
Discussion of Angelica Coronado’s resignation

New Business

Discussion and Action – Set Meeting Dates, Times, Locations and Agenda Posting Locations.
Discussion and possible action of ADEQ inspection finding lack of compliance at the WWTP. Emergency appropriation of $10,000 to hire equipment and crews to bring the WWTP back into full compliance before January 15, 2025.

Staff and Board Comments:
Any comments, information not addressed on the agenda. Any suggestions for upcoming meeting
agenda topics. No further discussion on these topics is permitted.

Public Comments:
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.
Adjourn Meeting

Posted at the Naco fire station and the Naco Post Office At 9:00 AM. on 12/5/2024
Posted online on 9:00AM 12/5/2024
Charles Behney, NSD Director

Canceled

Special Meeting 11/15/2024
10:30 a.m.
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Agenda
Call to Order
Charles Behney, Andrew Foster, Jesus Guerrero, Stephen Dey.
Comments from the Chair

Old Business
Discusson and possible approval of minutes from 06\19\2024 meeting
Discussion of Angelica Coronado’s resignation
Discussion of Financial report
Discussion of plant maintenance and repairs to monitor well #1 and it’s related infrastructure due to
repeated seasonal total coliform contamination during monsoon.
Discussion of updates on SEARCH grant for Preliminary Engineering Review.
Purchase of NSD supplied computers for board members. Possible rules for usage.
Updates on Naco Newsletter

New Business
Discussion of Letter of Discontinuation of Representation from Pierce-Coleman.
Discussion of finding new legal representation for NSD
Discussion and Possible Action giving Nikki extra compensation for her extra effort and success in collecting past due invoices.
Discussion And Possible Action of upcoming ADEQ inspection and proposed plans to manage the cattails.

Staff Comments
Any comments, information not addressed on the agenda. Any suggestions for upcoming meeting
agenda topics. No further discussion on these topics is permitted.

Public Comments
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.
Adjourn Meeting
__________________________________________________________________
Posted at the Naco fire station and the Naco Post Office
At 6:00 P.M. on 11\13\2024
Posted online on 11\13\2024
Stephen T. Dey, Board Chair

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

June 7, 2024

Minutes
Meeting

2:00 PM
The meeting was called to order at 2:00 PM. Stephen Dey, Charles Behney, Andrew Foster, Jesus Guerrero, and Angelica Coronado were present.

Mr. Dey spoke about organizing the local community based organizations for a grant writing- problem solving seminar in the Naco-Bisbee area to pursue EPA Environmental justice grants for the area.

Mr. Behney spoke about the upcoming EPA Border 2025 meeting in Nogales, Sonora with the transboundary state and federal agencies from Mexico and the United States to discuss problems regarding the Naco region.Office Manager, Ms. Monika Patience had nothing to add. Mr.

Dey stated that NSD had more money coming in, and no major bills to pay.

New Business

The minutes of May 17, 2024 were discussed and approved. Ms. Coronado’s name was misspelled and corrected. Mr. Dey made a motion to approve the minutes, which was seconded by Mr. Behney. The minutes were approved unanimously by the board.

Next on the agenda was the conflict waiver agreement between the NSD and Pierce Coleman law firm, which cites a conflict of interest between the City of Bisbee and the NSD. Apparently, City of Bisbee Attorney Joe Estes has become a partner with Pierce Coleman, which created a conflict of interest unknown to Mr. Paladini until Mr Dey noticed the address change of Mr. Estes to Pierce Coleman. NSD and Bisbee now have a conflict of interest and cannot utilize the services of Pierce Coleman Law Firm for litigation between the City and NSD.

Since the board had read the Waiver of Conflict of Interest, a motion was made by Mr. Dey to accept the waiver as written, and seconded by

Mr. Behney. The vote to approve was passed by roll call unanimously.

Mr. Behney then had the Waiver of Conflict of Interest signed by the NSD board, to be emailed to Pierce Coleman.
Next on the agenda was the Memorandum of Understanding between NSD and the City of Bisbee. This MOU will provide NSD with approximately the same revenue that NSD would collect in property taxes, if Bisbee was a private enterprise instead of being a public municipality. In exchange for NSD providing sewer connections and no fees, the City of Bisbee will pay NSD revenue based on the approximate value of Camp Naco.

NSD attorney, Mr. Jon Paladini stated that the MOU was a good, fair agreement. Mr. Paladini congratulated “whoever had negotiated the agreement.” Mr. Behney said “we can thank for the negotiation.” Mr. Dey regarded the negotiation as being basically what all the parties wanted regarding Camp Naco and NSD connections and cooperation.

Mr. Dey made a motion to pass the NSD-City of Bisbee Memorandum of Understanding as written. Seconded by Mr. Behney, the motion passed unanimously with a roll call.

The MOU as then signed by the board, to be sent to Mr. Paladini.

The letter to local Community Based Organizations was then read for the record by Mr. Behney:

RE: Community Based Organizatons Grant Opportunities

Dear [*]

The Naco Sanitary District (NSD) has been made aware of various grant opportunities available for local Community Based Organizations (CBOs) and non-profits such as your organization.

We have advisors from the Rural Community Assistance Corporation (RCAC) that are able to assist you in applying for and receiving federal grants from the Environmental Protection Agency (EPA), the United States Department of Agriculture (USDA) and the Department of Energy (DOE).

The NSD is working with federal and state agencies to obtain these grants for regional communities in Cochise County.

We ask that your organization partners with NSD to bring these funds to our communities.

Solar energy, clean water, housing improvements and health are among the projects that our rural communities qualify for.

If you are interested, please contact the NSD Chair, Mr. Stephen Dey at 520-255-6368 or this email: nsdoffice@nacosanitary.org.

Some of these opportunities need to have applications before November of 2024.

NSD is organizing a two day grant writing workshop and seminar soon for our regional CBOs and stakeholders. We will notify you of this event when its finalized.

Sincerely,

Stephen T. Dey Chair, on behalf of the NSD board.

Mr. Behney stated that this letter will be sent to local CBOs soon, to organize a seminar and meeting to help the CBOs obtain grants. There were no further questions or additions. Mr. Paladini approved the content of the letter. Mr. Dey made a motion to accept the letter as written and then send it out to as many local CBOs as possible. Mr. Behney seconded the motion. A vote was taken, which passed the motion unanimously.

Next on the agenda was discussion of the purchase of five laptops for the NSD board. This purchase will allow NSD board members to attend meetings online, remotely and provide up to date tools for the board. Mr. Dey suggested that the computers would be public records. Mr. Behney stated that confidental records such as attorney-client privilege, NADB (North American Development Bank) confidentiality, and executive sessions were not available as public records.

An estimate of approximately $3500 was agreed. Mr. Dey made a motion to approve the laptop purchase for approximately $3500, which was seconded by Mr. Behney. Without further discussion, the motion passed unanimously.

For Public Comments, former NSD chair Mr. David Loyd wanted to ask questions about grants. Mr. Dey said these questions could not be answered since they were not on the agenda.

Ms. Lorie Anderson stated that the Naco Heritage Alliance was a non-profit. The City of Bisbee owns Camp Naco and they pay zero taxes. She complained that NSD taxes were going down as Camp Riff was going to be paying taxes but not Camp Naco. Mr. Behney said that the NSD board had just passed the MOU between NSD and the City of Bisbee, which will have the City paying revenues to NSD for Camp Naco.

 

The meeting was adjourned at 2:23 PM.

_____________________________________

Stephen T. Dey
Naco Sanitary District Chair