CITY OF MARICOPA DROPS BID TO TAKE OVER MFCD
In a letter to MFCD President Brad Hinton, dated December 11, 2023 Maricopa City Manager Rick Horst withdrew [the City’s] “interest in assimilating the responsibilities of the district.”
After two years of wrestling with the legal issues inherit in the transfer, MFCD and the City were unable to resolve the matter satisfactorily.
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November 21, 2023
MARICOPA FLOOD CONTROL DISTRICT TO DISSOLVE?
Well, maybe.
The idea of closing down the district goes back several years, but has gotten traction since 2021, largely because City of Maricopa City Manager Rick Horst made it a priority. He believes the City is better equipped to provide flood protection services for Maricopa. Now that the City has become the floodplain manager for the area, discussions on dissolution have intensified.
There are a number of problems to solve. State law provides for dissolution, provided the services provided by the district have been turned over to a drainage district. This is important, because the City is not a drainage district. The statute is specific in this regard.
The district’s easements, which date back to its formation in the early 60’s, are not transferrable. Some are outside the City’s current boundaries.
The assets of the district can only be transferred to a drainage district. Again, the law is specific here.
The district’s taxing authority is not transferrable.
In the September, 2023 public open meeting of the district, President Hinton called for a vote on the matter. In that meeting, the board voted to “pursue dissolution”. That may seem nuanced, but it is important. After two years of discussion on the matter, there had been no vote to determine the board’s official position.
Why “pursue” dissolution? Because the matters stated here must be resolved legally before dissolution can occur.
Meanwhile, the board asked the City to develop a transition plan with a timeline. In the November 2nd public meeting, Dan Frank (formerly MFCD president) gave an update of progress on the plan.
Board members appear to be open to the idea of turning over flood protection to the City, but, from meeting discussions, it is clear they want to feel confident the level of service will not diminish.
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OCTOBER 4, 2023 ELECTION STATUS
UPDATE: ELECTION CANCELLED BY PINAL COUNTY BOARD OF SUPERVISORS IN SEPTEMBER 6 OPEN PUBLIC MEETING
President Brad Hinton has asked the Pinal County Board of Supervisors to cancel the 2023 election.
Per Arizona law, when the number of qualified candidates in an election is equal to or less than the number of open positions, the board of supervisors can cancel the election, thereby saving the taxpayers the cost of conducting an election.
Since only Hinton and Rod Campbell submitted valid petitions, qualifying them as candidates, and since there are only two openings, the board of supervisors is expected to cancel the election, effectively placing Hinton and Campbell on the board for 4-year terms.
The Pinal County Board of Supervisors is set to take this item up in its September 6 meeting.
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CALL OF ELECTION
OF
BOARD OF DIRECTORS
FOR
MARICOPA FLOOD CONTROL DISTRICT
NOTICE of Call of Election is hereby given by the Maricopa Flood Control District that an election to fill two (2) vacancies on the Maricopa Flood Control District Board of Directors, created by the expiration of the terms of Brad Hinton and the position previously held by Dan Frank, will be held on Wednesday, the 4th day of October, 2023.
The place of the election poll shall be Maricopa Public Library, 18160 N. Maya Angelou Dr., Maricopa, AZ 85138.
The poll will be open between the hours of 9:00 a.m. and 4:00 p.m.
The last date to file nomination papers and petitions is by 5:00 p.m. on June 6th, 2023*.
The last date to register to vote in this election is September 5th 2023.
DATED this 4th day of May, 2023.
Scott Kelly, Secretary of the Board
*Nomination papers and petitions are to be turned in at the front desk of the Maricopa-Stanfield Irrigation and Drainage District office, located at 41630 West Louis Johnson Drive, Maricopa, AZ, and will be accepted beginning May 8th, 2023. Qualified electors turning in nomination papers and petitions after 5:00 p.m. shall be treated as write-in candidates. No write-in papers and petitions will be accepted after 5:00 p.m. July 20, 2023, per statute.
Nomination forms: Candidate-Nomination-Form-Nonpartisan-PDF
Directions: Nomination Petition Directions_2023
Signature Form: Nomination Petition Nonpartisan with signature lines -KN Edits_ Final 2023
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February 13, 2023
Dan Frank, president of MFCD for almost eight years, resigned on February 2 after accepting employment with City of Maricopa.
During Dan’s term with MFCD, the district completed a number of maintenance projects that brought the Santa Rosa and Santa Cruz Channels up to standard operating order. This included over $300,000 in bank repairs from natural erosions taking place over several years.
The district went on to a monthly schedule of business meetings for the first time in its history. It procured on-call professional services for engineering consultants and geotechnical engineering consultants.
Dan’s credentials as a civil engineer helped guide the district through the surge of growth and development which began with the nation’s last economic recovery.
“Dan’s leadership has been a real value to the flood protection district, said Brad Hinton, who was first elected the same year as Dan. “We will miss having him on our team, but, in his new position with the City, he will still have a positive impact on the district’s areas of concern. This is a good move for the people of Maricopa.”
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CITY OF MARICOPA PASSES ORDINANCE PROHIBITING POOL BACKWASHING INTO SANTA ROSA OR SANTA CRUZ
July 21, 2021
In a meeting of the Maricopa City Council held Tuesday evening, July 20, the council voted unanimously to regulate the disposal of pool water within the City limits.
Paragraph C of Ordinance Number 21-10 states:
“Swimming pools should be drained on the property to irrigate the landscape on the property whenever possible. If it is not possible to contain all the water from the swimming pool, the water from the swimming pool should be drained into the sanitary sewer cleanout on the property after obtaining approval from the sewer provider.”
FINES ESCALATE FOR CONTINUED VIOLATIONS
A first violation of this ordinance carries a fine between $250 and $2,500. A second violation carries a fine of between $500 and $5,000. Violations subsequent to this can incur fines of $1,000 and $2,500.
Maricopa Flood Control District spoke in favor of the ordinance, citing multiple instances of damage caused by pool backwashing along the Santa Rosa. In two years, MFCD spent almost $100,000 repairing severe erosion caused by this practice
The ordinance goes into effect August 20, 2021.
Here is a copy of the document, as approved by the council: Pool Drainage Ordinance (4)_July_2021
MFCD SCHEDULED TO HOLD ELECTION FOR ONE BOARD POSITION ON OCTOBER 6, 2021
IN A PUBLIC MEETING ON MONDAY OCTOBER 4, 2021, THE PINAL COUNTY BOARD OF SUPERVISORS PASSED RESOLUTION 100421-ED CANCELLING THIS OCTOBER 6, 2021 ELECTION AND APPOINTING SCOTT KELLY TO A FOUR-YEAR TERM.
THIS IS IN ACCORDANCE WITH A.R.S. 16-410(A) WHICH PROVIDES THIS REMEDY WHEN THE NUMBER OF PERSONS QUALIFYING FOR THE ELECTION IS EQUAL TO THE NUMBER OF OPEN POSITIONS.
Maricopa Flood Control District will hold an election to fill one (1) vacancy on its Board of Directors created by the expiration of the term of Scott Kelly. The election is scheduled for Wednesday, October 6, 2021.
The place of the election will be the Maricopa Public Library, 18160 N. Maya Angelou Dr., Maricopa. The poll will be open from 9:00 a.m. to 4:00 p.m.
Nomination documents are available beginning May 10, 2021 at the Maricopa-Stanfield Irrigation and Drainage District (“MSIDD”) office located at 41630 W Louis Johnson Dr., Maricopa, 85138.
Only qualified electors of MFCD can vote or run for the board position. All candidates must be qualified electors of MFCD at the time of filing of their nomination papers and petitions. Only the signatures of qualified electors will be counted on a candidate’s petition.
Potential candidates* must file nomination papers and petitions by 5:00 p.m. June 8, 2021. Packets available at MSIDD contain directions for completing the required documents.
The last day to register to vote in this election is September 7, 2021.
Should there only be one qualified candidate for this election, MFCD will petition the Pinal County Board of Supervisors to appoint that person and cancel this election. If that occurs, notice of the cancellation will be posted here.
*Qualifications for candidates:
- Must own property within the District (The district boundaries include all of Maricopa and extend south to Louis Johnson Drive and east to Anderson Road. North of Maricopa-Casa Grande Highway, the east boundary is Murphy Road. The north boundary is the Gila River Community.) To determine if you own such property, you may check your property tax records to find out whether you pay a tax (levy) to MFCD. You may also check with the Pinal County Treasurer’s Office regarding property tax records and/or the Pinal County Recorder’s Office regarding whether a qualified elector resides within the MFCD boundaries.
- If not a property owner per the above, an individual must be the officer or agent of a corporation designated and authorized by a corporate resolution in whose name title to property within the district is held OR is the general partner of a partnership designated and authorized in writing by all general partners in whose name title to property within the district is held OR is the trustee of a trust or if more than one trustee, a trustee who is designated and authorized in writing by all of the trustees in whose name title to property within the district is held OR is the member or manager of a limited liability company who is designated and authorized in writing by the controlling members or managers of the limited liability company in whose name title to property within the district is held OR is the administrator or executor of the estate of a deceased person, or the guardian of a minor or incompetent person who is appointed and qualified under the laws of this state in whose name title to property within the district is held. In all cases, all taxes shall have been paid as shown by the county tax roll immediately preceding the date of the election.
- Are registered voters in the State of Arizona. An Arizona registered voter is a resident of the State of Arizona who has completed and submitted a voter registration to a County Recorder, is a citizen of the United States, will be eighteen (18) years old or more on or before the date of the regular general election, who will have been a resident of the state twenty-nine (29) days preceding the next election, is able to write his name or make his mark, unless prevented from doing so by a physical disability, has not been convicted of treason or a felony, unless restored to civil rights, and has not been adjudicated an incapacitated person.
- Must be current on all property taxes.
- Must obtain 10 signatures of qualified electors in the District which is the minimum number of signatures to qualify as a candidate but no more than 250 signatures.
For questions regarding this election, or other matters concerning MFCD, email District Manager David Alley at dalley@maricopafcd.mystagingwebsite.com.
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April 14, 2021
Residents along Santa Rosa receive letter from MFCD
Beginning April 10th, MFCD mailed more than 100 letters to property owners and residents along the Santa Rosa, in the Senita Community. The purpose of the letter (see attached) was to raise awareness about certain activities that are prohibited, such as backwashing pools into the channel. The force of water pumped onto the channel banks causes erosion which worsens to the point it has to be repaired. MFCD has spent more than $30,000 over the last three years rebuilding areas of the banks damaged by this activity.
Anyone owning property or living on the banks of the Santa Rosa or Santa Cruz Washes should read the letter and be aware of their responsibilities for preserving the channels.
See letter here: Senita
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InMaricopa Documents City’s Current Floodplain Mitigation Plans
July, 2020
Raquel Hendrickson interviews city manager Rick Horst and MFCD Board Members for perspective.
Read story: https://www.inmaricopa.com/fixing-the-flooding-city-moving-forward-with-floodplain-plan/
Pinal County Flood Control District’s 2019 Newsletter
Achieves “A” Class rating in National Flood Insurance Program, which may allow some Pinal County residents a discount on their flood insurance premiums.
See the newsletter:PinalCountyFloodControl2019AnnualNewsletter(1)
Maricopa Flood Control District Chooses Contractor for Mowing and Cleaning Channels.
9/05/2019
KLP Enterprises submitted the low bid for cleaning nine miles of the Santa Rosa and Santa Cruz Channels.
KLP will perform mowing of the designated areas, approximately 9 miles total at least twice per year. The time of commencement of each project will be determined no less than 60 days prior to the start. Generally, one project will commence in August/September, depending on weather and ground conditions, followed by one project commencing in March/April, depending on weather and ground conditions.
By adopting this new schedule, the District intends to keep the channels in top condition to perform their job, which is to convey storm waters through the district safely.
Repairs and Maintenance in Santa Rosa Channel Complete
May 23, 2019
Rains over the last 18 months created a number of areas of serious erosion on the banks of the Santa Rosa Channel.
The board of directors of MFCD approved almost $100,000 in repairs, addressing six areas of severe erosion. All are located on the west bank between Maricopa-Casa Grande Highway and Smith Enke Road.
There are a number of causes for erosion on the channel banks. Rainwater frequently finds small holes created by burrowing animals. Water softens the dirt and creates a path down the slope. The problem worsens with each storm.
Foot traffic, bikes and motorized vehicles also loosen material on the banks and make a path for storm runoff. Pedestrian, bike and vehicle traffic is prohibited in the washes. There are signs posted up and down the wash stating is in unlawful to enter the channel without a permit from MFCD.
In some cases, severe erosion is caused when property owners backwash their pools into the wash. Releasing pool water into the wash is illegal, both from the District’s standpoint and also from Arizona Department of Environmental Quality. It is illegal to release water into the wash without a permit.
District Manager David Alley says the repairs were completed on schedule and on budget.
Now, groundskeeper crews will enter the channel to mow down the vegetation growing there. “Much of the shrubs growing there are Broomsage and some Salt Cedar,” Alley said. “These are very difficult to control because they are well adapted to the desert environment and they propagate quickly.”
Governor Ducey signs SB1379, restoring voting rights in flood protection district elections.
May, 2018
For years, officials of flood protection districts have recognized “glitches” in laws regulating their elections, which frequently made voting confusing and, lately, impossible. In MFCD’s last election, for example, property owners whose holdings were under corporations or held in trusts had to be turned away. That is because the law that enfranchised those voters back in 2005 had an automatic repeal built in, so it only lasted ten years.
Under the direction of President Dan Frank and the MFCD board, District Manager David Alley and General Counsel Karen Nally took the lead in lobbying for new legislation which reinstated those voters, added those who hold property in limited liability companies and clarified who can vote, run and hold offices in the districts.
Senator Frank Pratt sponsored the legislation, which was authored by Nally in cooperation with the legislature’s legislative committee. Along the way, the bill picked up important help from Senator Borrelli and Representatives Mark Finchem and Brenda Barton. It passed through the entire process without a single “nay” vote.
When the governor signed the legislation, it immediately became law, so as not to impede any flood protection district elections scheduled for this year.
So, if you own property in the Maricopa Flood Protection District, are current on your property taxes and are registered to vote in Arizona, you will be able to vote in the district’s next election, which will take place in October, 2019. If your property is held by a corporation, limited liability company or a trust, the interest of the property can be voted by the proper designee of the corporation, trust or limited liability company.
VIDEO FOOTAGE OF SANTA ROSA CHANNEL
WITH STORM RUNOFF
Video credit: Butch Roberts Copy credit: Michelle Chance
Used by permission of InMaricopa.
It may seem illogical that water runs from Northern Mexico and Tucson to Maricopa, until you realize Maricopa is part of the Valley of the Sun. It normally takes three days for storm water to make the trip to Maricopa on its way to the Gila River.
You should not play in the water. It is dangerous. Plus, it gathered from the floodplain south of Maricopa, where there are farms and feedlots. Think about it.
Rushing water is very powerful. It may have washed away huge sections of pavement that made up the crossing you used earlier. Underneath that level surface of water, there could be a deep pit. If you or your vehicle fall into that void, you will be in trouble very quickly.
As the video says, “Turn around. Don’t drown.” MFCD
NEW FLOOD INSURANCE RATE MAP GOES INTO EFFECT JULY 1, 2017
When Maricopa designed the Copper Sky Complex, it completed improvements to mitigate potential flooding from the Vekol Wash, south of the area. As a result, much property which was deemed to be in flood hazard areas are now considered by FEMA to be in the lower risk “X” zone. It is always advisable to have flood insurance for your property if it is considered to be in or near a flood zone. Consult a qualified insurance agent for advice about purchasing flood insurance.
Copper Sky FIRM_July 201705262017
FLOOD INSURANCE RATE MAPS FOR MARICOPA DATED 6/2014
In June, 2014 FEMA released updated floodplain maps, which are used to determine flood insurance rates for property owners. Generally, anyone seeking financing for property within a special flood hazard area will be required to purchase flood insurance. For any questions regarding flood insurance coverage, check with a qualified insurance agent. The maps available here show flood hazard areas that have been identified by FEMA. Pinal County has maps with more detail on its website. Click on the link to the right of this page to access Pinal County Flood Control.
ALL PUBLIC NOTICES OF PUBLIC MEETINGS OF MARICOPA FLOOD CONTROL DISTRICT BOARD OF DIRECTORS ARE POSTED
All public notices are posted 24 hours in advance of public meeting start times. (Sundays and holidays, by law, are not considered in the required 24-hour period.) All public notices include meeting start time, listing of agenda items and the location of the meeting, in addition to other information.
All public notices are posted at the following locations:
(1) Headquarters Restaurant, 19640 North Maricopa Road, Maricopa, AZ 85139
(2) Maricopa Post Office, 44920 West Hathaway Avenue, Maricopa, AZ 85139
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Maricopa Flood Control District is an Arizona flood protection district whose purpose is to manage drainage issues within District boundaries. MFCD works with, among others, Pinal County Flood Control District and the City of Maricopa to ensure, as much as possible, the safe transport of floodwaters through the area so as to limit hazards to residents and minimize property damage.
The District has two primary flood channels, the Santa Cruz and the Santa Rosa, for which it has maintenance oversight. Its main role is to make sure the channels are free of debris and growth which might hinder or restrain the flow of floodwater in case of a major event. It also makes sure no one is dumping or moving material within the channels, which could also impact the channels’ ability to convey floodwater adequately.
Since the flood channels consist of easements deeded to Maricopa Flood Control District, no one is allowed access to the channels without prior written consent of the District. No work is allowed within the channels without a permit issued by the District.
The District is run by a voluntary three-person Board of Directors, all land-owners within District boundaries. The Board of Directors is elected by land-owners within the District and they serve four-year terms.