NOTICE AND AGENDA
WICKENBURG COMMON COUNCIL WILL MEET FOR A REGULAR MEETING Tuesday, January 21, 2020- 5:30 P.M. 155 N. TEGNER - COUNCIL CHAMBERS WICKENBURG, ARIZONA 85390
Rui Pereira, Mayor Royce Kardinal, Vice Mayor Chris Band, Council Member Kristy Bedoian, Council Member Kelly Blunt, Council Member Sam Crissman, Council Member David Stander, Council Member
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Wickenburg Town Council and to the general public that the Town Council will hold a meeting open to the public on the above date, time, and location. Minutes of its proceedings shall be taken and filed with the Town Clerk for Public Inspection. Council Members may attend the meeting telephonically occasionally.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revisions appear in all italic print. Council may decide to change the order in which items are heard at the meeting.
As a courtesy to others, please turn off or put in silent mode all cell phones.
Meeting Times Welcome to this Wickenburg Town Council meeting. Regular Council meetings are usually held the first and third Monday of each month at 5:30 PM at the Wickenburg Council Chambers, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings.
Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located at the entrance door) and deliver it to the Town Clerk prior to the convening of the meeting.
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All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the conduct of the meeting or otherwise not following the Council rules will be removed from the meeting.
Accessibility To better serve the citizens of Wickenburg and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation by contacting the Town within 48 hours of the scheduled meeting at 928-684-5411 (Voice & TTY). Agendas Copies of the agenda are available the day of the meeting in the Council Chambers or online at www.wickenburgaz.org. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 928-684-5451, Monday through Thursday from 7:00 AM to 6:00 PM. Council meetings are televised live on Cox Cable Channel 11.
A. CALL TO ORDER - Mayor Pereira
B. PLEDGE OF ALLEGIANCE - Mayor Pereira
C. INVOCATION - Pastor Duane Middleton, Mt. Hope Assembly of God Church The Invocation May Be Offered By a Person of Any Religion, Faith, Belief, or Non-Belief, as Well as By Council Members. A List of Volunteers is Maintained By the Town Clerk and Interested Persons Should Contact the Clerk for Further Information .
D. ROLL CALL - Mayor Pereira
E. MAYOR & COUNCIL MEMBERS REPORT ON CURRENT EVENTS - Mayor Pereira
F. TOWN MANAGER'S REPORT which may include discussion regarding Police, Fire, Capital Improvement Projects, Economic Development, Airport, Budget, Permits, Staff Recognition and Current Events - Vince Lorefice, Town Manager
G. CALL TO THE PUBLIC - Mayor Pereira
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G. CALL TO THE PUBLIC - Mayor Pereira Comments not related to an agenda item may be addressed during the call to the public. However, public comments may only address issues that pertain to the jurisdiction of the public body. Council Members will not be able to discuss or take legal action on matters raised during the call to the public. Council may respond to criticism, ask staff to review a matter, or ask that a matter be put on a future agenda so it can be discussed.
H. NEW BUSINESS
1. Approval of the Consent Agenda - All items listed under the Consent Agenda are considered to be routine matters and will be enacted by one motion and vote of the Town Council. There will be no separate discussion on these items unless a Council Member requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda.
a. Approval of Minutes - Regular Meeting of December 16, 2019 and Special Meeting of January 11, 2020
b. Consider Resolution No. 2255, Adopting a Video Services Provider Fee of Five Percent (5%) of Gross Revenues - Amy Brown, Town Clerk
2. Consider Resolution No. 2256, Approving Membership and Benefits with Arizona Metropolitan Trust ("AzMT") effective 7/1/2020 for Procurement of Health, Dental, Vision, Accident, Life, and/or Disability Insurance - Vince Lorefice, Town Manager
3. Public Hearing, Presentation, and Possible Action regarding the proposed Downtown Redevelopment Area Map. Action to Adopt Resolution No. 2253, Finding the Existence of an area designated by the Town Council to be in need of revitalization and Declaring the Necessity for and Creation of the Downtown Redevelopment Area Map (2/3 vote required) - Pamela Green, Economic Development Director
4. Consider Adoption of Ordinance No. 1205 Extending and Increasing the Corporate Limits of the Town of Wickenburg, Arizona, in Annexation AX 19-01 (Moore Annexation), Pursuant to the Provisions of Title 9, Chapter 4, Arizona Revised Statutes and Amendments Thereto By Annexing Certain Territory Contiguous to the Existing Town Limits of The Town of Wickenburg; and Authorizing Initial Zoning of R1-87 Single Family Residential for Said Territory - Steve Boyle, Community Development Director
5. Consider Adoption of Ordinance No. 1206 Extending and Increasing the
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5. Consider Adoption of Ordinance No. 1206 Extending and Increasing the Corporate Limits of the Town of Wickenburg, Arizona, in Annexation AX 19-02 (Kropf Annexation), Pursuant to the Provisions of Title 9, Chapter 4, Arizona Revised Statutes and Amendments Thereto By Annexing Certain Territory Contiguous to the Existing Town Limits of The Town of Wickenburg; and Authorizing Initial Zoning of R1-175 Single Family Residential for Said Territory - Steve Boyle, Community Development Director
6. Consider Authorizing the Call of Election for the Town's 2020 Primary and General Elections - Amy Brown, Town Clerk
I. EXECUTIVE SESSION - (Council May Vote to Go Into Executive Session Pursuant to A.R.S §38-431.03(A)(3) to Receive Legal Advice from the Town Attorney on Any of the Above Agenda Items.)
J. SCHEDULING OF FUTURE COUNCIL AGENDA ITEMS - Mayor Pereira
K. ADJOURNMENT - Mayor Pereira
Posted on January 14, 2020, by 5:00 p.m. at the following locations: Town Hall Public Library Website 155 N. Tegner, Suite A 164 E. Apache Street www.wickenburgaz.org
Amy Brown, Town Clerk
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Common Council Regular Meeting H. 1. a. Meeting Date: 01/21/2020 Item Requested By: Amy Brown, Town Clerk Staff Contact: Amy Brown Contact Phone Number: 928-668-0517 Type of Agenda Item: Consent, New Business STRATEGIC PLAN This project addresses the below Priority Area(s) and relates to the listed Specific Initiative(s): Not Applicable
AGENDA ITEM: Approval of Minutes - Regular Meeting of December 16, 2019 and Special Meeting of January 11, 2020
BACKGROUND INFORMATION: Please find the minutes from the Council meeting on December 16, 2019 and January 11, 2020.
SUGGESTED MOTION: I move to approve the minutes of December 16, 2019 and January 11, 2020.
Attachments Minutes 12/16/19 Minutes 01/11/20
Form Review Form Started By: Amy Brown Started On: 12/18/2019 02:58 PM Final Approval Date: 12/18/2019 MINUTES
WICKENBURG COMMON COUNCIL REGULAR MEETING Monday, December 16, 2019- 5:30 P.M. 155 N. TEGNER - COUNCIL CHAMBERS WICKENBURG, ARIZONA 85390
A. CALL TO ORDER - Mayor Pereira called the meeting to order at 5:30 PM
B. PLEDGE OF ALLEGIANCE - Lead by Council Member Sam Crissman
C. INVOCATION - Lead by Dave Anderson, Standing Stones Conference and Retreat Center
D. ROLL CALL Present: Mayor Rui Pereira Council Member Chris Band Council Member Kristy Bedoian Council Member Kelly Blunt Council Member Sam Crissman Council Member David Stander Absent: Vice Mayor Royce Kardinal Staff Present: Trish Stuhan, Town Attorney Steve Boyle, Community Development & Neighborhood Services Director Amy Brown, Town Clerk Les Brown, Police Chief Ed Temerowski, Fire Chief Pamela Green, Economic Development & Community Relations Director Stephanie Wojcik, Finance & Technology Director
E. MAYOR & COUNCIL MEMBERS REPORT ON CURRENT EVENTS ∑ Mayor Pereira announced that Vice Mayor Kardinal broke her hip, so she will not be at the meeting. Town Manager Lorefice and Public Services Director Workman are out with the flu. ∑ Council Member Bedoian stated that she attended the First Friday event and staff did a great job setting it up. There was a great turnout. ∑ Mayor Pereira also enjoyed the First Friday event as there were lots of people and the bands were great.
F. TOWN MANAGER'S REPORT - Nothing
G. CALL TO THE PUBLIC ∑ Bob Jones, In-Town Resident, wanted to announce the start of a website called WickenburgVolunteers.com which launched last Thursday. This will be one site for Town Council Minutes of December 16, 2019 Page 2 of 11
people to go to find out where to volunteer in town. The hope is to improve the number of volunteers by making it easier for them to find the opportunities. He moved here over a year ago and he had to go to each organization to see if they needed volunteers. This will be one website with several organizations represented including the Town of Wickenburg, Chamber of Commerce, Humane Society, K9 Konnection, Desert Caballeros Western Museum, Wickenburg Community Hospital, Del E. Webb Center for the Performing Arts, Wickenburg Police Department Citizens Patrol, Freedom Express Van and Wickenburg School District. He has talked to Town Manager Lorefice and Council Member Bedoian about setting this up for free for users and organizations. From this website citizens can read a quick description of what the organization is looking for to see if they are interested. They can then click on a link that will take them to that organization’s website. He will be able to track the activity; he has already had 185 visits. He launched this at Wickenburg Ranch on their social media site and will hopefully have a press release in the newspaper soon. Council Member Bedoian thanked Mr. Jones for putting this together as this was what she wanted when she talked about a volunteer liaison. This will be a valuable asset to help the local organizations. ∑ Geri Fair, In-Town Resident, wanted to express how great Wickenburg has done to attract 17 RV clubs to Desert Cypress this past year and she already has 14 booked for next year. People love the atmosphere in town and the friendliness of the people. They like all the activities put on by the town and chamber. They also visit the museum, Vulture City, local restaurants, the dude ranches, Webb Center, River Preserve and library. She even had some who had to go to the hospital and were impressed with the service and rehabilitation facility. Some stayed in hotels and she thanked the hotels for revamping their hotel rooms. There were also a variety of churches that were welcoming. They also enjoyed the Cops Who Care activities and visited the massacre site. ∑ Everett Sickles, In-Town Resident, said there is still coercion and extorsion going on in town. Someone wanted to donate to the Chamber and they wanted only cash donations. Businesses should be free to make their own decisions. The Constitution discusses life, liberty and the pursuit of happiness. There should be freedom from oppression. The town needs to solve this problem and support the businesses.
H. NEW BUSINESS
1. Approval of the Consent Agenda - All items listed under the Consent Agenda are considered to be routine matters and will be enacted by one motion and vote of the Town Council. There will be no separate discussion on these items unless a Council Member requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda.
Nohl Rosen, In-Town Resident, stated that people on commissions should represent the town. Jacqueline Miller works for the Chamber so she shouldn’t be on a commission. Kathryne Wright said her signature was forged on the recall petitions for Council Member Blunt and Vice Mayor Kardinal and then she signed the recall petition for Everett Sickles. Mayor Pereira corrected Mr. Rosen that Ms. Miller works for the Wickenburg Sun newspaper, not the Chamber. She worked for the Chamber in Town Council Minutes of December 16, 2019 Page 3 of 11
the past. He wished that there were more applications so there was a choice of who to appoint. These two people were appointed as alternates at the last meeting, but with the two people being removed from their seats, these two are now being appointed to the Commissions to fill their seats. There are no other applications. Mr. Rosen continued that no one from the newspaper should be on a commission. He looked up the records and wondered why their address, email and phone number was blacked out. On the petitions, the addresses were listed.
MOVED BY Council Member Kelly Blunt to approve items a and b of the consent agenda SECONDED BY Council Member Sam Crissman VOTE: 6 – 0 (Yes – Mayor Pereira, Vice Mayor Kardinal, Council Members Band, Bedoian, Blunt, Crissman and Stander) (Vice Mayor Kardinal – absent)
a. Approval of Minutes – Regular Meeting of December 2, 2019
By a 6-0 vote under the Consent Agenda, Council moved to approve the minutes of December 2, 2019.
b. Consider Appointing Jacqueline Miller to the Economic Development Advisory Commission (EDAC) and Kathryne Wright to the Finance Advisory Commission with Expirations of December 2022
Amy Brown, Town Clerk, reported in her Council routing form that at the December 2, 2019 meeting two members of commissions weren't reappointed to their seats. The agenda listed Jacqueline Miller and Kathryne Wright as alternates. Since there are now vacancies on these commissions, they need to be appointed to the commissions as regular members, not alternates.
By a 6-0 vote under the Consent Agenda, Council moved to approve the appointment of Jacqueline Miller to EDAC and Kathryne Wright to the Finance Commission with Expirations of December 2022.
2. Public Hearing on a New Liquor License Application, Series #12 for Gila Monster Eatery, 1235 West Wickenburg Way, Applicant Justin Russell Aldred Escamilla, and Forward a Recommendation to the Arizona Department of Liquor Licenses and Control
Amy Brown reported in her Council routing form that Justin Russell Aldred Escamilla has applied for a new liquor license, Series #12, for Gila Monster Eatery, located at 1235 West Wickenburg Way. A Series #12 is for restaurant bar sales on the premises. This non-transferable, on-sale, retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license.
The application was appropriately posted for twenty days. The Town Clerk's Office did Town Council Minutes of December 16, 2019 Page 4 of 11
not receive any comments from the public. Additionally, the application was forwarded to the Police Department and the Community Development and Neighborhood Services Department for their reviews and recommendations. There were no issues with the application.
Public Hearing opened by Mayor Pereira at 5:50 PM
Ron Horne asked why the Clerk is processing this as alcohol is something the police deal with. The town should put extra fees on cigarettes. In addition, the town should charge for alarm systems.
Public Hearing closed at 5:52 PM
Town Clerk Brown stated that the applications are reviewed by the Police Department and Community Development Department.
Council Member Crissman wanted to know if this was a beer and wine license. Town Clerk Brown stated that is a series 12 for a restaurant where they have to sell a certain amount of food compared to alcohol.
MOVED BY Council Member Kelly Blunt to forward a recommendation to the Arizona Department of Liquor Licenses & Control to approve Justin Russell Aldred Escamilla's application for a new liquor license, Series #12, for Gila Monster Eatery SECONDED BY Council Member David Strander VOTE: 6 – 0 (Yes – Mayor Pereira, Vice Mayor Kardinal, Council Members Band, Bedoian, Blunt, Crissman and Stander) (Vice Mayor Kardinal – absent)
3. Public Hearing to Consider and possible adoption of Ordinance No. 1204, Amending the Zoning Map by Changing the Zoning Classification of Certain Described Real Property along West Vista Drive from R1-6 Single-Family Residential to R1-35 Single- Family Residential Planned Area Development (PAD) which modifies the Development Restrictions of the Underlying Zoning by Reducing Required Setbacks and Lot Size
Steve Boyle, Community Development Director, reported that the owner of 917 Yaqui Drive has requested to downzone his property along with other neighboring properties who are currently zoned R1-6 Single Family Residential. There are a total of six property owners and all of them have consented to the rezone application. This is what is considered a 'downzone' of property as the land use is less intense in nature. There are two properties that do not meet a few of the standards in the R1-35 zoning district and therefore a PAD is required to have deviations to the standards. These deviations are for the setbacks and the lot size minimums as two of them are not quite an acre and one lot does not have the 40-foot setback. Four of the properties range from just over an acre in size to 5 acres. There is also a well site that is not considered developable. The neighboring properties to the west, south and east are all zoned R1-35 so this is a small pocket that is recommended to downzone. There could be proposals to decrease the property sizes to meet the R1-6 zoning minimums which would not meet the neighborhood appeal but would meet zoning. This is one of Town Council Minutes of December 16, 2019 Page 5 of 11
the main reasons for the application to downzone, to increase minimum lot sizes. All of the properties that are developable have dwellings on them and there are no proposals to add more to the area or do any utility improvements. This is strictly a defensive tactic to prevent more density. The properties are generally located along West Vista Drive and consists of approximately 10 acres. The properties are currently zoned Single-Family Residential R1-6 and the request is to become Single-Family Residential R1-35. The purpose for the PAD is to modify the underlying zoning standards for lot size and setbacks.
A neighborhood meeting was held on November 26 and some neighbors attended to inquire about the request. Since this is a downzone there was minimal concern. This was unanimously approved by the Planning and Zoning Commission at their meeting on December 5.
Public Hearing Opened by Mayor Pereira at 5:57 PM
Dave Lane, In-Town Resident, stated that he received a letter in the mail because he lives in the area. His concern was the empty lot to see if they were going to add homes as it looked like they could have three homes on that one parcel. He also wanted to know if they were going to add another lane of traffic on the street. People park on the west side of the street and on the hill, there are traffic problems. He has lived there for thirty years. Director Boyle responded that the requirement will be five acres so they could split it to three lots. They would need to have an easement for access to the other parcels with parking onsite. There is no plan to do that at this time. There are no areas on Vista Drive that are designated no parking.
Ron Horne, In-Town Resident, clarified that the property was zoned improperly to begin with. The town should follow their plan.
Public Hearing Closed at 6:01 PM
Council Member Crissman stated that if the neighbors are happy and the property owner is okay with reducing the number of homes allowed from 8-10 to only three then this should be approved.
MOVED BY Council Member Chris Band to approve Ordinance 1204 for the Rezoning and Planned Area Development of Said Properties SECONDED BY Council Member Kelly Blunt VOTE: 6 – 0 (Yes – Mayor Pereira, Vice Mayor Kardinal, Council Members Band, Bedoian, Blunt, Crissman and Stander) (Vice Mayor Kardinal – absent)
4. Consider an Application for a Preliminary Plat for Parcel K at Wickenburg Ranch that Consists of 15.99 Acres and 43 Lots
Steve Boyle, Community Development Director, reported that David Solomon of Wickenburg Development Co, LLC has applied for a Preliminary Plat for Parcel K at Wickenburg Ranch. The intent is to divide approximately 16 acres of vacant land into 43 lots for building purposes. The subdivision is proposed to be located north of the Town Council Minutes of December 16, 2019 Page 6 of 11
existing 3 par golf course Li'l Wick along Silver Moon Way. There is proposed to be all the necessary utilities installed along with the continued presence of private roadways. There is 6.7 acres of open space proposed within the subdivision. The intended use for the lots is single family residential. The typical lot size is over 8,000 square feet which meets the zoning requirements for Wickenburg Ranch. The Planning and Zoning Commission recommended approval at their last meeting.
Ron Horne, In-Town Resident, said his concern was if there was a geological report. The homeowner’s association has had to pay for some water damage. There are design issues as some of the landscape has washed away from the banks. His property has the garage below street level. The town also talked about the IDA and he said there are too many lights in the area. Residents should only have one light on at night with sensors. The landscape lights should be set to be off at a certain time, such as 10:00 PM.
MOVED BY Council Member Sam Crissman to approve the Preliminary Plat for Parcel K at Wickenburg Ranch SECONDED BY Council Member Kelly Blunt VOTE: 6 – 0 (Yes – Mayor Pereira, Vice Mayor Kardinal, Council Members Band, Bedoian, Blunt, Crissman and Stander) (Vice Mayor Kardinal – absent)
5. Consider Allowing the Wickenburg Police Department to Accept a Donation From the Arizona Law Enforcement Canine Association and Circle K Corporation in the Form of a Police Canine and the Adoption of Soon to be Retired Police K9 Santos by His Current Handle
Les Brown, Police Chief, reported that the Arizona Law Enforcement Canine Association (ALECA) is an active non-profit that specializes in advanced law enforcement canine training, equipment donations and medical expenses for retired law enforcement canine. One of their primary sponsors is Circle K Corporation. Circle K has graciously provided funding to ALECA for the purchase of a new canine to be donated to the Wickenburg Police Department. This is the second time that the town has been very lucky with our K9 unit. We received Hero at no cost to the town. This time they put all the agencies on a wheel and it landed on Wickenburg. He was sorry as the day after this drawing, El Mirage lost their K9 in a shooting, but they have had several people agree to donate funds to replace that dog plus they had insurance on the dog.
The new canine will be purchased from K9 Group Holland, located in the Netherlands. She is currently a 19-month old Belgian Malinois names Luna. They will train her to be a dual-purpose patrol and narcotic detection dog. The value of her training and travels costs is $13,500. She will come to us after the first of the year after she has her dog passport. We will also have her in an academy with her handler for free in Buckeye.
Officer Gabe Fuentes will adopt Santos for his house when Santos retires. If he is not able to take Santos then Sergeant Dalley is willing to take him as both have been his handler. Town Council Minutes of December 16, 2019 Page 7 of 11
Mayor Pereira asked who speaks Dutch. Chief Brown said the new handler will have to learn the commands because they are in Dutch.
Nohl Rosen, In-Town Resident, thanked the Police Chief for returning his email. He had a suggestion for the handler to make sure that they spay or neuter the dog they are adopting. He thought there were enough unwanted litters of dogs and cats already that the dog should be neutered. He thought it should be up to the handler to take care of that task. Chief Brown stated that the new female K9 is already spayed.
MOVED BY Council Member David Stander to accept the donation of a New Police Canine, the Retirement of Current Police Canine, K9 Santos, the Adoption of K9 Santos by Officer Fuentes and Authorizing the Town Manager to Execute Any Applicable Contracts with the Arizona Law Enforcement Canine Association, Circle K Corporation and/or K9 Group Holland SECONDED BY Council Member Kelly Blunt VOTE: 6 – 0 (Yes – Mayor Pereira, Vice Mayor Kardinal, Council Members Band, Bedoian, Blunt, Crissman and Stander) (Vice Mayor Kardinal – absent)
6. Discussion and Direction to Staff Regarding Possible Consider Approving the Sale of Real Property at Tegner and Palm Drive to the Highest Bidder from Bid B19-03
Vince Lorefice, in his Council routing form reported that at the November 4, 2019 Town Council meeting, Council directed staff to sell two parcels that the Town owns to the highest bidder. This is currently vacant land described as Maricopa County Assessor’s Parcel Numbers 505-09-048F and 505-09-048H. It is approximately 1.2 acres and zoned C-3 Commercial. The town had an appraisal of $203,000 from September 2018. Council directed staff to put the property out to bid with a minimum bid being the appraised value plus 7% or $217,210. If the Council approves the highest bid, the close of escrow will be on or before 30 days after Council approval. The bid opening was set for December 11th with no bids received. Staff now needs direction from the Council on how they want staff to proceed.
Amy Brown, Town Clerk, addressed this item stating that at the November 4th Council meeting, the Council directed staff to sell two parcels of vacant land that the town owns to the highest bidder. It is 53,341 square feet and zoned C-3 commercial. The town had an appraisal of $203,000 but the Council directed staff to put the minimum bid at 7% above the appraised value or $217,210. The bid opening was on December 11th with no bids received. The minimum bid was above the price per square foot that commercial property is current selling at by about $0.25 per square foot.
The town emailed every registered realtor office in town to get the word out about the bid. We also posted a notice in the newspaper, emailed our bidders list and posted the bid at town buildings. We can look at doing more marketing such as a banner on the property. Would the Council consider allowing staff to send out the bid again with the minimum bid at the appraised value?
Council Member Crissman through the banner would help draw attention to the property but didn’t want to lower the price. Town Council Minutes of December 16, 2019 Page 8 of 11
Council Member Bedoian also didn’t think we should lower the price.
Mayor Pereira stated to keep it at the $217,210.
Trish Stuhan, Town Attorney, clarified that the Council is directing staff to put a banner stating that the property is for sale but not lower the price. We have to do an invitation for bids in order to sell the property, so we will wait to put it back out to bid until we have some interest.
Consensus of the Council was to keep the minimum bid at $217,210.
7. Consider Resolution 2254, Adopting a Code of Ethics Policy for Public Officials
Dave Tagge, In-Town Resident, said the idea of a Code of Ethics is good. He thought maybe there should be something added since some have used staff for their own personal issues and have mistreated staff in the past. He stated that Council Member Band in the past has been concerned with board members being on non-profit boards and then voting on issues regarding that non-profit. According to AZ law that is a remote interest and there is nothing illegal about them voting on the issue. 3.4 talks about a personal interest, which is not statutory, where it would be up to the personal decision of the person if they can be objective in their decision. He is on the Webb Center Board but he would feel comfortable voting on an item with the Webb Center that came before the Council, if he was on the Council, because the town has to take precedent. He can see where this could be an area of abuse.
Nohl Rosen, In-Town Resident, wondered how the Council would impose this against a government body that is unethical. In Phoenix, there is a Council Member who doesn’t like the Police Department so he protests from a position of power. Some members of the Council have questionable ethics. He sat next to Council Member Stander at a candidate forum where he said he wouldn’t recuse himself regarding a decision about the Chamber even though he sits on the Chamber board. Everyone needs to check themselves. He gave props to Council Member Blunt for recusing himself during the last meeting regarding the Chamber. Everyone needs to just check themselves. Council Member Blunt stated that his reason is very different than Council Member Stander’s situation. Mr. Rosen continued that some people feel that the Council is not working for the public’s best interest.
Council Member Stander stated that he didn’t think he should recuse himself unless it was against the law for him to vote and being on the board does not meet that threshold. He feels that he can be impartial in his vote with putting the town first.
Council Member Bedoian stated this Code of Ethics doesn’t have much different than what we currently do. If people can’t be impartial in their decisions, there can be an appearance of impropriety. There is not much enforcement in this Code of Ethics other than an election where the people decide. She is on some boards and feels that when money is involved that is the difference in a decision. 3.3 talks about loyalty and putting the interest of Wickenburg first to make the public’s interest their primary Town Council Minutes of December 16, 2019 Page 9 of 11
concern. The Council is supposed to represent the public here. If you are involved with an organization, you have a passion for that organization. 3.4 talks about non- statutory conflicts of interest where you have a personal issue that weights on your decision. She especially thinks that is true with funds. The Council should be above the standards in the law.
Council Member Stander stated that this is spelled out in state statute where there are pecuniary and monetary conflicts where you would recuse yourself. Whether they are direct or indirect and he agrees with that.
Council Member Bedoian questioned where someone’s loyalty would be, with the public or the organization. There might not be a legal conflict but you have dual loyalties.
Council Member Stander stated that the best interest for Wickenburg is not mutually exclusive from an organization.
Council Member Bedoian stated that the Council should be held to a higher standard.
Mayor Pereira stated that we may not need this as we can just follow the law since there isn’t much to this Code of Ethics above state law. Everyone just needs to check themselves when they come in to vote on an item. This Code of Ethics was from a year ago, so it might not be needed anymore.
Council Member Stander stated that the members were elected into office for their background with different organizations and the connections that they have. Everyone has a personal bias but that doesn’t necessarily mean a conflict of interest.
Council Member Bedoian stated that the Council should have a higher standard than the law. Everything should be ethical and above board where everyone puts the interest of the public and community first.
Council Member Stander stated that there was a previous subdivision decision that was in both his and Council Member Band’s backyard yet he felt that he could be objective, but others may have had a different perception of the issue. It is very subjective of what is a conflict, beyond the items stated in the law.
Council Member Band stated that where money is involved, then people should recuse themselves. That subdivision decision will probably increase the value of his property but there was not a monetary gain from that as there is really no direct money involved. He does agree with Mr. Tagge that it is an individual decision and everyone has a different moral compass. It says in this code; five Council Members can reprimand another member but he thinks that needs to be six members. If there is a decision about the Chamber, will Council Member Stander show up to represent the Chamber.
Council Member Stander stated he is not up here to represent the Chamber. The Chamber doesn’t dictate how he will vote. He volunteers his time with the Chamber Town Council Minutes of December 16, 2019 Page 10 of 11
and he doesn’t agree with some previous actions. He didn’t join the Chamber Board because he agreed with everything. He joined the board to volunteer his time and help guide, give council and direction for moving forward.
Council Member Band said he just sees an issue when money is involved where they are getting money from the town. It is not illegal but there are lots of things that aren’t illegal, but are they unethical. Everyone needs to check themselves at the door. He has reviewed this code and doesn’t see much that needs to change because it really comes down to the statutes. People aren’t as concerned with things in their backyard, but are concerned when money is involved.
Council Member Stander stated that possibly someone’s negative bias toward the Chamber could preclude them from making a fair and impartial decision.
Council Member Band stated that he just sees the same business plan from the Chamber every year. He questions their business practice of the same ads and same business plan on how they spend money. Is this a good business relationship?
Mayor Pereira asked if the Council wants to approve the Code of Ethics or just follow the current state laws. Should we go with our own moral code to determine our decisions? We can’t regulate morality. Each person has to decide how they should vote. This might be nice to have but we have the state law and town code.
Council Member Stander stated that it was brought up about the interaction with town employees as this was an issue in the past. He would like to see that incorporated into the Code of Ethics.
Council Member Band stated that if that is an issue then you should go directly to that individual to address the issue.
Council Member Blunt stated that he sees the point but doesn’t think this is happening now. Council Members can create a negative vibe with employees due to their position. He doesn’t want to project that to the employees. They should be free to greet Council Members but Council needs to known when to stop. You don’t go into someone’s office and make a demand of the employee.
Mayor Pereira stated that that is the Council-Manager form of government that dictates that we don’t do that. The Council sets the policy and staff implements the policy. Council is not here to micromanage the staff. If there is an issue, Council should talk to the Town Manager, not ask employees for items.
Council Member Band stated that the code just needs a few changes and then it will be ready to be put in place.
Council Member Stander said that we should update this and put it in place.
Council Member Crissman nominated Council Member Band to update it. Town Council Minutes of December 16, 2019 Page 11 of 11
Mayor Pereira stated that Council Member Band will change it a little and send it to Town Manager Lorefice.
I. EXECUTIVE SESSION - (Council May Vote to Go Into Executive Session Pursuant to A.R.S §38-431.03(A)(3) to Receive Legal Advice from the Town Attorney on Any of the Above Agenda Items.)
J. SCHEDULING OF FUTURE COUNCIL AGENDA ITEMS
Mayor Pereira wished everyone a very Merry Christmas and Happy New Year and see everyone in 2020.
K. ADJOURNMENT
MOVED BY Council Member Sam Crissman to adjourn the meeting at approximately 6:38 PM SECONDED BY Council Member Kelly Blunt VOTE: 6 – 0 (Yes – Mayor Pereira, Vice Mayor Kardinal, Council Members Band, Bedoian, Blunt, Crissman and Stander) (Council Member Band – absent)
Rui Pereira, Mayor ATTEST:
Amy Brown, Town Clerk
CERTIFICATION
I, Amy Brown, the duly appointed and qualified Town Clerk of the Town of Wickenburg, do hereby certify that the foregoing MINUTES of the REGULAR MEETING of December 16, 2019 is a full, true and correct copy of the Wickenburg Common Council and that a quorum was present at the meeting.
Amy Brown, CMC Town Clerk MINUTES
WICKENBURG COMMON COUNCIL SPECIAL MEETING Saturday, January 11, 2020- 5:30 P.M. Del E. Webb Center 1090 S. Vulture Mine Road Wickenburg, Arizona 85390
A. CALL TO ORDER - Mayor Pereira called the meeting to order at 8:04 AM
B. ROLL CALL Present: Mayor Rui Pereira Vice Mayor Royce Kardinal Council Member Chris Band Council Member Kristy Bedoian Council Member Kelly Blunt Council Member Sam Crissman Council Member David Stander Staff Present: Vince Lorefice, Town Manager Steve Boyle, Community Development & Neighborhood Services Director Les Brown, Police Chief Rosa Garcia-Marquez, Court Administrator Pamela Green, Economic Development & Community Relations Director Tarah Mayerhofer, Human Resources and Risk Manager Ed Temerowski, Fire Chief Stephanie Wojcik, Finance & Technology Director Herschel Workman, Public Services Director
C. NEW BUSINESS
1. Discussion, Direction and Update of the Wickenburg Strategic Plan Between the Common Council and Town Staff Regarding Various Issues Affecting the Town of Wickenburg Including, But Not Limited to, Operational Policies & Procedures, Status of Various Projects, Budgeting Priorities, Succession Planning, and Governing Philosophies
1. FY21 Budget Priorities a. Public Safety i. Building Update Given, action expected to come before Council, expected February. ii. Radio System iii. Future of Wickenburg Ranch Fire Station, hope to start construction in approximately 3 years with operations beginning 4-5 years. Looking at site Town Council Minutes of January 11, 2020 Page 2 of 4
identification, funding sources and staffing levels. Discussion about the possibility of VanTuyl subsidizing apparatus/operations.
b. FY21 Budget Requests/Direction i. Resident worksheets & community input, 5 received. Overall budget feedback from Finance Commission encourages focus on Airport and Fleet. One citizen gave input, 5 topics total. Request from Council to see amphitheater downtown. Consensus is to look into public private partnership, however; don’t spend money or make it a priority for Town funds - look at funding from Foundations. Discussion regarding improvements to pickleball courts including restrooms. Consensus is to look into partnership with the pickleball association on improvements – continue discussions. Update given on current Sunset park projects. Discussion regarding BED Tax, to hold conversations until contract negotiation for current. Tasked for early February. ii. Zero Based Budget w/ Needs Necessity, starting at zero with justification (need vs. enrichment). Looking at quality of life vs. core items. iii. Healthcare Policy Updates, item coming before Council next meeting to recommend changing to AZMT. Stability in rates, avoidance of increase, initial savings. iv. Update 3-year CIP Budget with larger needed projects forecasted. Request from Council to focus on roads, including paving for older roads. Consensus to use current pavement preservation plan, new paving projects to be considered.
2. Operating as a Team – How it Works a. Roles: Council & Manager b. Cooperation & Team Work c. Expectation Clear d. Communication is thorough e. Roles are Respected: policy/direction is clearly set by Council, Direction through Town Manager, staff is a resource for Council
3. Council Operations & Initiatives a. Team Initiative – What large and small things could Council do differently to operate more effectively. i. Partner with staff to have Council representation at events. More Council/Community events or representation. ii. Transparency and more info with staff report. Keep meetings to appropriate times. Council to relay public input/infomation to staff ahead of time for staff follow-up. Town Council Minutes of January 11, 2020 Page 3 of 4
iii. Communication from Council to Town Manager. Contact list of Executive Staff & Council. iv. Consider requests for future items to be policy focused. If not, direct to Vince/Administration level. v. Be intentional about building relationships, relational between Staff/Council. vi. League of AZ Cities & Towns, conference & trainings
4. Review of Strategic Plan a. Economic Development. i. Objective 1: Workforce/Affordable Housing, the Town is not in the market to build but they will work to streamline processes. What is affordable? Needs assessment will be done to define. ii. Objective 2: Discussion on desire for Flying E/Los Cab to annex. No longer pursuing annexations on major highways/corridors. Review of 60 annexation towards Morristown. iii. Objective 3: Keep as is.
b. Downtown i. Objective 1: Eliminate Henry Wickenburg’s 200th Birthday Celebration – PAST. Review Economic Development Director position, evaluate cost of what we are doing and where the money is coming from. Efforts of recreation vs. true economic tasks. ii. Objective 2: Continue to work towards parking efforts.
c. Public Safety i. Objective 1: Keep as is. Keep focus on narcotic and traffic enforcement. ii. Objective 2: Keep as is
d. Youth & Families: i. Objective 1: Keep as is ii. Objective 2: Keep as is iii. Objective 3: Work with other partnerships to offer scholarships and programming.
e. Natural Resources & Recreation i. Objective 1: Continue water study. ii. Objective 2: Keep as is.
f. People, Places & Projects i. Objective 1: For budget season, will be looking at new positions and staffing and continue performance pay. ii. Objective 2: Keep as is. Town Council Minutes of January 11, 2020 Page 4 of 4
D. ADJOURNMENT - Mayor Pereira adjourned the meeting at 10:54 AM
Rui Pereira, Mayor ATTEST:
Amy Brown, Town Clerk
CERTIFICATION
I, Amy Brown, the duly appointed and qualified Town Clerk of the Town of Wickenburg, do hereby certify that the foregoing MINUTES of the SPECIAL MEETING of January 11, 2020 is a full, true and correct copy of the Wickenburg Common Council and that a quorum was present at the meeting.
Amy Brown, CMC Town Clerk
Common Council Regular Meeting H. 1. b. Meeting Date: 01/21/2020 Item Requested By: Amy Brown, Town Clerk Staff Contact: Amy Brown Contact Phone Number: 928-668-0517 Type of Agenda Item: Consent, Includes Resolution, Includes New Fees (Website Post 60 days), New Business STRATEGIC PLAN This project addresses the below Priority Area(s) and relates to the listed Specific Initiative(s): Not Applicable
AGENDA ITEM: Consider Resolution No. 2255, Adopting a Video Services Provider Fee of Five Percent (5%) of Gross Revenues - Amy Brown, Town Clerk
BACKGROUND INFORMATION: On November 18, 2019 the Council approved the notice of intent for the Video Services Provider Fee. As required by A.R.S § 9-499.15, the Town posted the notice of intent for 60 days on the Town's website. A copy of the notice of intent that was posted is included in the packet. Also, included is Resolution 2255 to approve this new fee. Cox Cable is the only provider that we currently have a contract with and the fee in the contract is 5%, so this will not be a change in the fees to them.
SUGGESTED MOTION: I move to approve Resolution No. 2255, adopting a Video Services Provider fee of five percent (5%) of gross revenues.
Attachments Resolution 2255 Notice of Intent
Form Review Form Started By: Amy Brown Started On: 11/27/2019 11:47 AM Final Approval Date: 12/09/2019 TOWN OF WICKENBURG RESOLUTION NO. 2255 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF WICKENBURG, ARIZONA, ESTABLISHING AND ADOPTING FEES FOR VIDEO SERVICE PROVIDERS PURSUANT TO A.R.S. § 9-499.15; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; AND PROVIDING FOR SEVERABILITY.
BE IT RESOLVED by the Mayor and Common Council of the Town of Wickenburg, Arizona, establishing the fees and charges as follows:
Current Type of Fees Proposed Fee Amount Fee Video Service Provider License Fee pursuant to Five Percent (5%) of gross None Town Code Section 19B-4-1 revenues
FURTHER RESOLVED that parts of resolutions in conflict with the provisions of this Resolution or any part of this Resolution, are hereby repealed.
FURTHER RESOLVED if any section, subsection, sentence, clause, phrase, or portion of this Resolution or any part of this Resolution, is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF WICKENBURG, ARIZONA THIS 21st DAY OF JANUARY, 2020.
ATTEST: Rui Pereira, Mayor
Amy Brown, Town Clerk
APPROVED AS TO FORM:
Trish Stuhan, Town Attorney Gust Rosenfeld PLC CERTIFICATION
I, Amy Brown, Town Clerk, HEREBY CERTIFY that the foregoing Resolution No. 2255 was duly passed and adopted by the Common Council of the Town of Wickenburg, Arizona, at a regular meeting held on the 21st day of January, 2020 and that a quorum was present at the meeting.
Amy Brown, CMC Town Clerk TOWN OF WICKENBURG, ARIZONA PUBLIC NOTICE
NOTICE OF INTENT TO ESTABLISH NEW LICENSE FEE FOR VIDEO SERVICE PROVIDERS PURSUANT TO A.R.S. § 9-499.15
The Town of Wickenburg intends to establish a new license fee related to Video Service Providers and provides this written notice of the proposed new fee pursuant to A.R.S § 9-499.15.
The following fee is proposed:
Current Type of Fees Proposed Fee Amount Fee Video Service Provider License Fee pursuant to Five Percent (5%) of gross None Town Code Section 19B-4-1 revenues
The proposed fee is intended to recoup costs associated with managing the public right-of-way and is the maximum permitted by A.R.S § 9-1442 and 47 United States Code section 542(g).
The Wickenburg Town Council will consider approving these proposed fees at its regular council meeting to be held January 21, 2020 at 5:30 p.m. in the Council Chambers, 155 Tegner St., Ste A, Wickenburg, Arizona 85390. Information about the proposed fee is available at the Town Clerk s office during normal office hours, Monday through Thursday, 7:00 am 6:00 pm.
THE ABOVE FEES WILL BECOME EFFECTIVE THIRTY (30) DAYS AFTER APPROVAL BY THE TOWN COUNCIL.
Dated this 18th day of November, 2019.
TOWN OF WICKENBURG
______Amy Brown, Town Clerk
SDG:sdg 3653086.1 10/24/2019 1
Common Council Regular Meeting H. 2. Meeting Date: 01/21/2020 Item Requested By: Tarah Mayerhofer, Human Resources and Risk Manager Staff Contact: Vince Lorefice Contact Phone Number: 928-668-0524 Type of Agenda Item: Presentation w/Action, Includes Resolution, Includes Contract Agreement, New Business STRATEGIC PLAN This project addresses the below Priority Area(s) and relates to the listed Specific Initiative(s): People, Places, and Projects Human Capital: Plan for employee compensation demands outside the Town’s control, including voter-mandated minimum wage increases and changes in national health insurance policy.
AGENDA ITEM: Consider Resolution No. 2256, Approving Membership and Benefits with Arizona Metropolitan Trust ("AzMT") effective 7/1/2020 for Procurement of Health, Dental, Vision, Accident, Life, and/or Disability Insurance - Vince Lorefice, Town Manager
BACKGROUND INFORMATION: The Arizona Metropolitan Trust (AzMT) is an employee benefits consortium that is open to cities, towns, counties, fire districts, municipal corporations and any other political subdivisions of these types of entities as may be eligible for membership pursuant to A.R.S. § 11-952 et seq. located within the State of Arizona.
Formed effective July 01, 2012, the Trust currently has ten (11) members: City of Apache Junction, City of Avondale, Buckeye Valley Fire District, City of El Mirage, Town of Fountain Hills, City of Litchfield Park, City of Maricopa, Town of Paradise Valley, Pinal County, Sun City Fire District and Town of Youngtown. Each participating entity appoints one (1) Trustee and one (1) Alternate Trustee to represent their entity with regards to Trust administration. Trustees meet on a quarterly basis to collectively administer medical and prescription drug benefits for their employee populations. Over the years, providing affordable health insurance has become a strenuous journey with many hurdles. The combination of strict budget constraints and rising healthcare costs has forced public entities to find innovative ways to maintain control of benefit costs while simultaneously providing employees competitive benefits. AzMT provides member entities with a way to maintain a greater degree of control over their employee benefits programs through the benefit of their collectively larger numbers. Benefits of AzMT membership include: Enhanced financial security resulting from improved spread of risk over the larger group; Annual Premium Increases for AzMT over the last three years have been between 1-1.5% compared to our 4.9-9.95%. Enhanced bargaining power when purchasing benefits-related products and services; AzMT will allow us to provide the same or higher level of benefit while lowering and stabilizing our premiums. Lower overhead for plan operations; and The ability to customize program offerings to meet specific needs and desires among the members Provide Flexible Benefits and access to improved benefits that have been chosen with employees in mind. Included as an attachment you will find a rate and benefit comparison for Medical. The provider remains the same, Blue Cross Blue Shield of AZ.
AzMT offers several benefits in their rate structure that we currently outsource today including, Teladoc and the Employee Assistance Program. These two benefits alone are an estimated savings of $8,100.
A resolution to join AzMT must be executed by the Town no later than January 24, 2020. The resolution accepts the Trust's Agreement and Declaration of Trust and Bylaws which have been attached for your review.
SUGGESTED MOTION: I move to approve Resolution 2256 entering into Membership with Arizona Metropolitan Trust effective July 1, 2020.
Attachments Resolution 2256 Letter of Membership Agreement & Declaration of Trust Bylaws Health Rate & Benefit Comparison Dental Benefits & Rates Vision Benefits & Rates Life Benefits & Rates Trust Overview & Presentation
Form Review Form Started By: Tarah Mayerhofer Started On: 01/13/2020 12:15 PM Final Approval Date: 01/13/2020 TOWN OF WICKENBURG RESOLUTION NO. 2256
A RESOLUTION OF THE COMMON COUNCIL OF THE TOWN OF WICKENBURG, ARIZONA, ACCEPTING MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST (AzMT)
WHEREAS the Town of Wickenburg is empowered pursuant to ARS § 11-981(A) to procure Health, Accident, Life, and/or Disability benefits for its employees through either insurance or self-insurance; and
WHEREAS ARS § 11-952 and ARS § 11-952.01 provide that two or more public agencies may join together to provide for Health, Accident, Life, and/or Disability benefits for employees of the Town of Wickenburg through either insurance or self-insurance; and
WHEREAS the Town of Wickenburg desires to enter into an agreement with the Arizona Metropolitan Trust (“AzMT” or “Trust”) to provide employee benefits of the type generally described under the provisions of ARS § 11-952 and ARS § 11-952.01; and
WHEREAS AzMT has extended an invitation to the Town of Wickenburg to join its Trust; and
WHEREAS AzMT requires acceptance by the Town of Wickenburg through a resolution;
NOW THEREFORE, BE IT RESOLVED by the Common Council of the Town of Wickenburg as follows:
1. The Town of Wickenburg hereby approves joining AzMT as a member commencing July 01, 2020 and terminating June 30, 2023; and
2. The Town of Wickenburg hereby approves the Arizona Metropolitan Trust Agreement and Declaration of Trust and agrees to be bound by its terms and provisions commencing July 01, 2020 and as may be amended from time to time.
3. The Town of Wickenburg hereby accepts the Arizona Metropolitan Trust Bylaws Effective July 01, 2012, Revised February 08, 2017, commencing July 01, 2020 and as may be amended from time to time.
4. The Town of Wickenburg hereby appoints the following Trustee to serve on the Board of Trustees of AzMT from July 01, 2020 until the appointment of a duly-qualified successor: Resolution No. 2256
Trustee – Vince Lorefice, Town Manager
5. The Town of Wickenburg hereby appoints the following Alternate Trustee to serve on the Board of Trustees of AzMT from July 01, 2020 until the appointment of a duly-qualified successor:
Alternate Trustee – Tarah Mayerhofer, Human Resources and Risk Manager
BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict with the provisions of this Resolution are hereby repealed.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF WICKENBURG, ARIZONA THIS 21st DAY OF JANUARY, 2020.
Rui Pereira, Mayor ATTEST:
Amy Brown, Town Clerk
APPROVED AS TO FORM:
Trish Stuhan, Town Attorney Gust Rosenfeld PLC CERTIFICATION
I, Amy Brown, Town Clerk, HEREBY CERTIFY that the foregoing Resolution Number 2256 was duly passed and adopted by the Common Council of the Town of Wickenburg, Arizona, at a regular meeting held on the 21st day of January 2020 and that a quorum was present at the meeting.
Amy Brown, CMC Town Clerk A�¥MT AAIZD "7-"4Metropolitan Tru
December 19, 2019
HEALTHCARE Tara Mayerhofer Town of Wickenburg IN YOUR 155 N. Tegner St., Ste. A HANDS Wickenburg, AZ 85390 Re: Membership Application for Arizona Metropolitan Trust (AzMT)
MEMBER ENTITIES Dear Tarah:
CITY OF APACHE JUNCTION The Trustees of the Arizona Metropolitan Trust are happy to extend a membership CITY OF AVONDALE invitation to Town of Wickenburg effectiveJuly 01, 2020.
BUCKEYE VALLEY FIRE During the AzMT Trust Board Meeting December 12, the Trustees reviewed the DISTRICT underwriting information, as well as the review and recommendation provided by the CITY OF EL MIRAGE Trust's actuary, Cheiron. The Trustees voted unanimously to accept Wickenburg's application for membership subject to the following provisions: TOWN OF FOUNTAIN HILLS Grady Miller, Chairperson 1. Wickenburg's initial Trust membership period shall commence on July 01, 2020 CITY OF LITCHFIELD PARK and end June 30, 2023. CITY OF MARICOPA 2. Town of Wickenburg will be afforded the benefits available to all Trust TOWN OF PARADISE VALLEY members using a separate funding factor developed by the actuary to cover PINAL COUNTY the Town's anticipated risk.
SUN CITY FIRE DISTRICT 3. AzMT's medical, prescription drug, and dental coverage's must be offered to
TOWN OF YOUNGTOWN all eligible employees and their eligible dependents, and Wickenburg must contribute at least 90% of the employee's monthly premium amount for Medical/Rx coverage and at least 50% of the family monthly premium for Medical/Rx based on the plan with the lowest premium (currently HDHP).
4. With regards to the medical/prescription drug coverage, Wickenburg has the c/o ECA Inc. option to offer its employees the EPO, PPO, PPO Buy-Up or the High Deductible 1115 N Stockton Hill Rd. Suite 101 plan, or any combination thereof. Kingman, AZ 86401 928.753.4700 X 302 5. Should Wickenburg offer a High Deductible Health Plan (HDHP), the Town may jaimes@eco llinsa ndassociates .com www.azmt.org not contribute more than 50% of the Individual and/or Family deductible to an employee's Health Savings Account. T AAZ "7-'Metropolitan Tru
Membership Application for Arizona Metropolitan Trust (AzMT) December 19, 2019 Page 2 of2
6. Basic Life & Accidental Death & Dismemberment coverage must be offered through AzMT to employees and Wickenburg must pay 100% of the premium cost. Supplemental Life/AD&D may be offered if the Town chooses.
7. Town of Wickenburg remains financially responsible for all benefit claims with dates of service prior to the AzMT membership effective date.
8. During Wickenburg's membership period with AzMT, Town management will promote and encourage participation in Wellness programs offered to AzMT members in an effort to manage medical claim and prescription drug utilization.
9. A Resolution to Join the Trust must be executed by the Town within 30 days from the date of this offer of membership. or no later than January 18. 2020. This resolution accepts the Trust's Agreement and Declaration of Trust and Bylaws which have been attached for your review.
As noted above, we must receive the executed Resolution no later than January 18, 2020.
If you should have any questions regarding this correspondence or the Trust in general, please do not hesitate to contact me at 928.753.4700 x302 or via e-mail at [email protected].
Sincerely, ERIN P. COLLINS & ASSOCIATES, INC.
Arizona Metropolitan Trust (AzMT)
Bylaws
Effective: July 01, 2012
Revised: February 08, 2017
TABLE OF CONTENTS
Section Title Page(s)
1. Definitions 1 - 2
2. Investments 2
3. Expense Reimbursement 2 - 3
4. Meetings 3
5. Officers 3 - 4
6. Audits 4 - 5
7. Entity Contributions 5 - 6
8. Membership 6 - 7
9. Operations 7 - 9
10. Amendments to Bylaws 9
Section 1. Definitions
The following are definitions of terms as used in these By-Laws as well as the Trust Agreement. To the extent a term is not specifically defined in these By-Laws, but is defined in the Trust Agreement, the term shall have the meaning given to it in the Trust Agreement.
1.01 “A.R.S.” shall mean the Arizona Revised Statues, as amended.
1.02 “Beneficiary” shall mean Employees, their dependents and such other persons designated by the Participating Entities as eligible for coverage as set forth in the Summary Plan Description and approved by the Board.
1.03 “Benefits Administrator” shall mean the person(s) or firm employed by the Board who is responsible for processing of claims and payment of benefits, and related services.
1.04 “Board of Trustees” or “Board” shall mean the Trustees of the Arizona Metropolitan Trust acting in their joint capacity as the governing board of the Trust.
1.05 “Employee” shall mean any person employed by a Participating Entity on a regular basis working not less than the number of hours per week required by the Participating Entities for eligibility, and who are not eligible for benefits under any other employee benefits to which the Participating Entity makes contributions.
1.06 “Employee Benefit Program” shall mean the program of benefits to be established by the Board pursuant to this Trust Agreement and A.R.S. § 11-952.01(c).
1.07 “Employee Contributions” shall mean any contributions made by Employees whether comprising part of the Entity Premium or whether made directly to the Fund in order to obtain coverage by the Employee Benefit Program.
1.08 “Entity Contributions” shall mean the contributions made by Participating Entities comprising all or part of the Entity Premium.
1.09 “Entity Premium” shall mean the total monies paid by each Participating Entity to the Fund for the Employee Benefit Program, and shall be equal to the sum of Entity Contributions and Employee Contributions.
1.10 “Fund” shall mean the Trust Fund created by this instrument, and shall mean generally, the monies, property, contracts or things of value, tangible or intangible, received and held by the Board for the uses and purposes of the Trust, set forth therein, and those things of value which comprise the corpus and additions to the fund.
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1.11 “Governing Board” shall mean the policy making board of a Participating Entity duly elected or appointed to their respective positions in accordance with the laws and constitution of the State of Arizona.
1.12 “Participating Entities” shall mean those entities listed in Exhibit A which is attached hereto and incorporated by reference herein, and such additional Participating Entities as may be approved for membership by the Board of Trustees pursuant to Article XIII of this Trust Agreement.
1.13 “Summary Plan Description” shall mean the document(s) which generally describe the employee benefits to be provided by the Trust to the Beneficiaries.
1.14 “Trust” shall mean the entity established by the Trust Agreement pursuant to A.R.S. § 11- 952.01 et seq., which shall be referred to as the Arizona Metropolitan Trust.
1.15 “Trust Agreement” shall mean this Agreement and Declaration of Trust dated July 01, 2012 and any modifications or amendments thereto.
1.16 “Trust Administrator” shall mean the employee benefit consultant retained by the Trust to carry out the obligations of this Agreement in compliance with Arizona Revised Statute § 11- 952.01(H)(5).
1.17 “Trustee or Trustees” shall mean the individual Trustees and their successors as provided for in this Trust Agreement.
Section 2. Investments
Investments of Trust cash assets not required for immediate operating expenses may be invested by the Trust, but the investments are to be limited to the following investments:
A. Government Securities; B. State of Arizona Local Government Investment Pool (LGIP); and C. Other investments allowable under A.R.S. § 35-323.
Notwithstanding the provisions of this section, each type of investment actually utilized shall be subject to prior approval of the Board of Trustees.
Section 3. Expense Reimbursement
Trustees shall be entitled to receive reimbursement for actual reasonable expenses incurred in carrying out their duties as a Trustee and which are consistent with the Trust Agreement including, but not limited to:
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A. Meals, Lodging, Air Travel. Reimbursement for the actual amount of meals, lodging and air travel expenses as evidenced by receipts.
B. Automobile Mileage. Reimbursement for automobile travel expenses at the rate established by the Internal Revenue Service for purpose of travel expense deductions.
C. Other Expenses. Expenses reimbursed under this provision shall be limited to those which would be reimbursable under the policies of the Participating Entity that the Trustee has been appointed to represent.
Section 4. Meetings
A. Open Meeting Laws. All meetings of the Trust shall comply with the requirements of the Arizona Open Meetings Law.
B. Annual Meeting. The Trust shall designate one of its regular quarterly meetings as the Trust’s Annual Organization Meeting for the purpose of selecting officers and to conduct such other business as may be necessary. To the extent possible, the Board of Trustees shall utilize the same quarterly meeting each year as the annual meeting.
C. Special Meeting. The Chairperson may call a special meeting upon seven (7) days notice to Trustees. A special meeting may be also be called by a number of Trustees equal to one less than a majority of the Board. In the event of an emergency, a special meeting may be held with such lesser notice as may be appropriate and otherwise permissible by law. Upon calling a special meeting, the Chairperson or Trust Administrator shall promptly notify all Participating Entities and shall prepare and distribute a written agenda in compliance with the requirements of the Open Meeting Law.
Section 5. Officers
A. Election of Officers. Every even numbered year during the Annual Organization Meeting, there shall be an election from the Board of Trustees of the Trust, of a Chairperson (only if the current Vice Chairperson is unable or unwilling to assume the role of Chairperson consistent with the succession plan of the Board of Trustees) and a Vice Chairperson. Nominees must be present to accept or decline such nominations. In addition, the Chairperson shall designate a Recording Secretary, who does not have to be a member of the Board of Trustees. These officers shall have the authority to act in those circumstances and on those matters as specified in the Trust Agreement, in these Bylaws or as otherwise directed by a majority of the Board of Trustees acting in a public meeting.
The Vice Chairperson, at the end of his/her two-year term, will succeed to the office of Chairperson if he/she is willing and able to do so. Further, if for some reason the Chairperson is unable or unwilling to continue in the role during his/her two-year term, the Vice Chairperson will assume the role of Chairperson and will serve out the
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remainder of that term and continue thereafter for the next full two-year term. The normal succession process will continue thereafter. The intent of the Board of Trustees is to have entities who will be actively involved in the governance of the Trust and shall seek nominations of persons who will further this goal.
B. Term of Office. The term of office for each officer is two years. Officers will serve until the end of their term and/or when they have been replaced by election or succession.
C. Duties of Officers. The officers of the Trust shall have the following duties:
1. Chairperson. The Chairperson shall preside at all meetings of the Board of Trustees and perform the usual and customary duties of the Chairperson and such other duties as may be prescribed by the Board of Trustees from time to time. The Chairperson, alone or together with such officer or officers as the Board of Trustees may designate by resolution or bylaw, may sign any contracts or other instruments which the Board of Trustees have authorized to be executed.
2. Vice-Chairperson. The Vice Chairperson will, in the absence of the Chairperson or in the event of the inability or refusal of the Chairperson to act, perform the duties of the Chairperson.
3. Recording Secretary. The Chairperson shall appoint a Recording Secretary who shall keep minutes of all meetings, proceedings and acts of the Board of Trustees, which records shall be available at the Principal Office for inspection by all the Trustees and interested persons during usual business hours. Such records and minutes need not be verbatim. The Recording Secretary need not be a Trustee.
Section 6. Audits
A. Mandatory Financial Audit. The Board of Trustees shall retain the appropriate independent professional to perform an annual financial audit as provided by applicable law and the Trust Agreement. In addition to complying with the requirements imposed by statute and the Trust Agreement, the financial auditor shall perform such additional duties as may be directed by the Board of Trustees.
B. Recommended Audits. In addition to the mandatory audit, the Board of Trustees may conduct the following audits at such intervals as they may determine is in the best interest of the Trust:
1. Claims Audit. The performance of the Benefits Administrator may be audited to determine whether claims have been paid in accordance with applicable provisions of the Plan Document or to otherwise evaluate the general or specific performance of the Benefits Administrator as deemed appropriate or desirable by the Board of Trustees.
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2. Operational Audit. The Board of Trustees may direct that an independent party conduct an operational audit of the Trust, its individual service providers or any aspect or operation of the Trust.
Section 7. Entity Contribution
A. Entity Contribution Payments. Participating Entity Contribution payments shall be due and payable as of the last business day of each month.
B. Entity Contribution Rates. Contribution rates shall be established annually or at other intervals if determined by the Board of Trustees to be in the best interest of the Trust and its beneficiaries. Rates shall be based upon sound actuarial principles consistent with fiscal stability of the Trust and the interest of the Beneficiaries.
C. Past Due Entity Contribution Payments. Entity Contributions not paid as of the date specified in Paragraph A of this Section shall be subject to the following late payment process which shall be in addition to any penalties set forth in the Trust Agreement:
• 1st Late Payment – Letter of Warning; • 2nd Late Payment – Shall accrue a late payment penalty equal to 0.5% of the Entity’s current monthly billing amount; • 3rd Late Payment – Shall accrue a late payment penalty equal to 1.0% of the Entity’s current monthly billing amount; • 4th Late Payment – Shall accrue a late payment penalty equal to 1.5% of the Entity’s current monthly billing amount; • 5th Late Payment and thereafter – Shall accrue a late payment penalty equal to 2.0% of the Entity’s current monthly billing amount.
1. Late Payment Penalty Timing. The late payment penalty shall be added by the Benefits Administrator, or Trust Administrator, to the Entity's monthly contribution statement and shall be due and payable as part of the Entity’s next monthly contribution.
2. Penalties Cumulative. The late payment penalties set forth above are cumulative, such that any late payments during the term of the Trust Agreement, including payments that remain unpaid over more than one payment period, shall be counted for purposes of determining the total number of late payments. The following are two examples of the manner in which penalties may be cumulated:
Example 1: A Participating Entity’s first late payment receives a letter of warning. If the first late payment is not paid by the next payment due date, a late payment penalty of 0.5% shall be applied to any outstanding late balances. If the first late payment remains unpaid by the next succeeding payment due date, a late payment penalty of 1.0% shall be applied to any outstanding late balances, including any penalty amounts.
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Example 2: A Participating Entity makes the first three payments timely, but is late with the fourth, which results in a letter of warning. The Participating Entity then timely makes the next three payments, but is late with the eighth payment; a 0.5% penalty shall be assessed.
3. Discretionary Penalty Waiver. The Board of Trustees retains the authority to waive, at its sole discretion, the late payment penalty in the case of extenuating circumstances if requested by the Participating Entity. The decision whether to waive the late penalty shall be made at the Board’s next-available regularly-scheduled meeting following the Participating Entity’s request and such decision shall be final and binding.
Section 8. Membership
A. Eligibility. Effective July 02, 2012, cities, towns, counties, fire districts, municipal corporations and any other political subdivisions of these types of entities as may be eligible for membership pursuant to A.R.S. § 11-952 et seq. located within the State of shall be eligible to be considered for membership as a Participating Entity.
B. Application for Membership.
1. Form of Application. Application for membership shall be made on forms provided by the Trust.
2. Deadline for Application. Completed applications, as defined by the Board of Trustees, shall be received by the Trust no less than sixty (60) calendar days prior to the proposed date that membership would be effective.
3. Evaluation Criteria. Application for membership in the Trust shall be based upon criteria approved by the Board of Trustees.
4. Board of Trustees Action. The Board of Trustees shall act on applications no less than ten (10) business days after notification to the applicant that its application is complete. This limit may be extended in order to obtain additional information required by the Trust or other parties involved in the underwriting/selection process.
C. Acceptance of Membership Invitation. Upon notification to an applicant of an offer for membership in the Trust, the applicant shall provide to the Trust a resolution of its Governing Body, no more than thirty (30) calendar days following such notification accepting the offer to become a member of the Trust. The resolution shall include:
1. Approval of the Trust Agreement and designation of a representative to execute the agreement;
6
2. Acceptance of the proposed schedule of premiums as determined by the Board of Trustees;
3. Acceptance of the Trust Bylaws as approved and adopted; and
4. Determination by legal counsel for the entity that the resolution and agreements are in proper form and are within the powers of the entity to approve.
Section 9. Operations
A. Applicable Laws. The Trust and its officers, employees and contractors will conform to all applicable state and federal laws, rules and regulations.
B. Principal Office. The Principal Office of the Trust shall be the office of the Trust’s legal counsel as follows:
Jones, Skelton & Hochuli, P.L.C. ATTN: Michael Hensley, Esq. 40 N. Central Ave., Ste. 2700 Phoenix, Arizona 85004
C. Risk Management Plan. The Board of Trustees shall prepare, or cause to be prepared, a Plan of Risk Management for the Trust. The Plan shall include one or combinations of the following:
1. The employee benefits to be offered through the Trust;
2. Limits of coverage, whether through self-insurance, conventional insurance purchased from a commercial carrier or reinsurance;
3. The amount of risk to be retained by the Trust;
4. Major loss control techniques to be implemented;
5. The proposed method of assessing Entity Contributions to be paid by each Participating Entity of the Trust;
6. A summary of the preceding year's operations and major activities planned for the coming year;
7. Coverage to be purchased from a commercial carrier, if any; and
8. Such additional information as may be identified by the Board of Trustees.
7
D. Financial Statements and Operating Reports. The Trust shall provide its members with periodic reports concerning the financial condition and operation of the Trust. These shall be provided at least quarterly and may be made more frequently if specified by the Board of Trustees.
E. Requests for Information. Requests for records or documents of the Trust shall be made through the Trust Administrator or the Trust’s legal counsel.
F. Allocation and Distribution of Surpluses and Deficits
1. Date Credited. Surpluses and deficits shall be credited to the fiscal year in which they accrue.
2. Surplus/Deficit Allocation. Surpluses and deficits shall be allocated amongst Participating Entities in accordance with the Surplus/Deficit Allocation Policy and according to such Surplus/Deficit Allocation Formula/Methodology as the Board of Trustees may from time to time approve. Adoption of the Surplus/Deficit Allocation Policy and the Surplus/Deficit Allocation Formula/Methodology to be followed in allocating surpluses or deficits shall be by two thirds (2/3) vote of the Board of Trustees.
3. Supplemental Assessments for Statutory Compliance. The Board of Trustees shall order supplemental assessments as needed to comply with applicable provisions of A.R.S. § 11-952.01. Supplemental assessments ordered by the Board of Trustees under this section shall be calculated in accordance with the Surplus/Deficit Allocation Formula/Methodology approved by the Board of Trustees at the time the supplemental assessment is ordered.
4. Supplemental Assessments for Deficits. The Board of Trustees may order supplemental assessments to cure deficits that arise in any fiscal year but which are not sufficiently severe to jeopardize the overall solvency of the Trust. Supplemental assessments ordered by the Board of Trustees under this section shall be calculated in accordance with the Surplus/Deficit Allocation Formula/Methodology approved by the Trustees at the time the supplemental assessment is ordered.
5. Release of Surplus. The Board of Trustees may allow for the release of surplus to Participating Entities through credits applied to monthly contributions in accordance with the Surplus/Deficit Allocation Policy and Surplus/Deficit Allocation Formula/Methodology approved by the Trustees at the time the release of surplus is authorized.
6. Votes for Assessments. Decisions by the Board of Trustees to order supplemental assessments or allow for releases of surpluses as provided for under this section shall be by two thirds (2/3) vote of the Board of Trustees.
8
7. Compliance with Applicable Law. The Board of Trustees shall comply with all applicable Federal, State and Local laws in allocating and/or distributing any surpluses or deficits.
G. Restrictions on Dissemination of Entity Loss Experience. Consistent with the intent and policy of the Trust to spread risk among all members of the Trust, Participating Entities agree that only total (aggregate) loss experience of the Trust can be shared amongst its members; individual entity loss experience will only be shared with the entity for which it is applicable. Individual entity loss information shall never be shared with other Participating Entities.
Section 10. Amendments to Bylaws
A. Submission. Proposed amendments to the Bylaws should be filed in writing with the Board of Trustees no less than thirty (30) calendar days prior to the scheduled date of consideration except in cases of a bona fide emergency. A statement explaining the purpose and effect of the amendment shall be included. Proposed amendments to the Bylaws shall be reviewed and approved in writing as to form by counsel for the Trust prior to approval by the Board of Trustees.
B. Notice to Trustees. All proposed amendments and accompanying statements shall be transmitted in writing to each Trustee at least fifteen (15) business days prior to the scheduled date of consideration.
C. Consideration. Except in a bona fide emergency, amendments shall be considered at a regular meeting of the Board of Trustees. Amendment of the Bylaws shall require a majority vote of the Board of Trustees.
9 AzMT 2019-20 Plan Summary/Comparison -Medical/Rx
Medical Benefit
Annual Out-of-Pocket Maximum
Not Covered Not Covered Not Covered Not Covered
Not Covered Not Covered OnSite Wellness Programs/Screenings
Prescription Drugs
Preferred Brand Non-Preferred Brand
Emergency Room
Emergency Medical Transportation Hospital Services
Hospital Room) Physician/Surgeon Fees Outpatient Services
Physician/Surgeon Fees AzMT 2019-20 Plan Summary/Comparison -Medical/Rx
Medical Benefit
Inpatient Services
Chiropractic Care
Childbirth/delivery professional services Childbirth/delivery facility services
Rehabilitation Services
Habilitation Services Not Covered
Durable Medical Equipment
Hospice Services
Employee Only Medical Benefit
Annual Out-of-Pocket Maximum
Not Covered OnSite Wellness Programs/Screenings
Prescription Drugs
Preferred Brand Non-Preferred Brand
Emergency Room
Emergency Medical Transportation Hospital Services
Hospital Room) Physician/Surgeon Fees Outpatient Services
Physician/Surgeon Fees Medical Benefit
Inpatient Services
Chiropractic Care
Childbirth/delivery professional services Childbirth/delivery facility services
Rehabilitation Services
Habilitation Services
Durable Medical Equipment
Hospice Services
Employee Only 2019-20 Dental PPO Plan (Delta Dental) Benefits & Rate Schedule
Benefits Basic Plan Buy-Up Plan Dental Deductible Individual Deductible per Calendar Year $50 $50 Family Deductible per Calendar Year $150 $150
Percetage Payable PPO/Premier Dentist Out-of-Network PPO/Premier Dentist Out-of-Network Routine/Preventive Care 100% 80% 100% 80% Basic Services Fillings 80%* 60%* 80%* 60%* Endodontics 80%* 60%* 80%* 60%* Periodontics 80%* 60%* 80%* 60%* Oral Surgery 80%* 60%* 80%* 60%* Major Services Crowns/Onlays 50%* 40%* 50%* 40%* Prosthodontic/Prosthetics 50%* 40%* 50%* 40%* Implants 50%* 40%* 50%* 40%* Orthodontics (Minimum Age 8) 50% 50% 50% 50%
Dental Benefit Maximums Maximum Payable per Calendar Year $2,000 per person $4,000 per person Lifetime Orthodontic Benefit $2,000 per person $2,000 per person
Dependent Eligibility Age 19 Age 26
Premium Rates Employee Only Emp + Spouse Emp + Child(ren) Emp + Family Basic Plan $38.28 $73.60 $82.38 $121.42 Buy-Up Plan $39.63 $76.34 $89.64 $132.27 2019-20 Vision Plan (VSP) Benefits & Rate Schedule
Basic Plan Buy-Up Plan Benefits Frequency Co-Pay Benefits Frequency Co-Pay Comprehensive WellVision Exam One (1)/Yr. $10 Comprehensive WellVision Exam One (1)/Yr. $10 Routine Retinal Screening One (1)/Yr. No More than $39 Routine Retinal Screening One (1)/Yr. No More than $39 Lenses Lenses Glass or plastic single vision, lined bifocal, lined Glass or plastic single vision, lined bifocal, lined trifocal, or lenticular lenses One (1)/Yr. $20 trifocal, or lenticular lenses One (1)/Yr. $20 Lens Enhancements Lens Enhancements Anti-reflective coating $41 Single or Multifocal Anti-reflective coating $41 Single or Multifocal Polycarbonate (Covered in Full for Children) $31 Single / $35 Multifocal Polycarbonate (Covered in Full) Progressive $55 Progressive (Covered in Full After Co-Pay) $25 Photochromic $70 Single / $82 Multifocal Photochromic $70 Single / $82 Multifocal Scratch-resistant coating $17 Single or Multifocal Scratch-resistant coating $17 Single or Multifocal Frames One (1)/Yr. Frames One (1)/Yr. Retail Allowance of $150 $20 Retail Allowance of $225 $20 20% Off Amounts Over Allowance 20% Off Amounts Over Allowance Contact Lenses (In Lieu of Lenses/Frames) Contact Lenses (In Lieu of Lenses/Frames) Contact Lens Exam (Fitting & Evaluation) One (1)/Yr. No More than $60 Contact Lens Exam (Fitting & Evaluation) One (1)/Yr. No More than $60 Retail Allowance of $150 Retail Allowance of $175
Dependent Eligibility Age 19 Dependent Eligibility Age 26
Premium Rates Employee Only Emp + Spouse Emp + Child(ren) Emp + Family Basic Plan $6.55 $14.15 $12.51 $20.01 Buy-Up Plan $9.39 $20.68 $19.18 $30.90 2019-20 Life Insurance Securian (MN Life)
Each entity has the option of offering voluntary life insurance to employees
Rate Schedule
Group Life $0.076/$1,000 Accidental Death & Dismemberment $0.02/$1,000 Spouse Life $2,000 $0.37 $5,000 $0.92 $10,000 $1.85 Employers can elect Child(ren) Life to offer SP or CH Basic $1,000 $0.13 Life $2,500 $0.33 $5,000 $0.65
Voluntary Life Employee Rate (Per Spouse Rate (Per $1,000 of Total $1,000 of Total Age Coverage) Coverage) <30 $0.060 $0.049 30-34 $0.080 $0.050 35-39 $0.090 $0.066 40-44 $0.124 $0.093 45-49 $0.201 $0.141 50-54 $0.307 $0.214 55-59 $0.496 $0.356 60-64 $0.660 $0.538 65-69 $1.270 $0.914 70-74 $2.060 $1.624 75+ $7.532 $3.340
Voluntary Life (Children's Rates) $2,500 $0.325 $5,000 $0.65 $7,500 $0.975 $10,000 $1.30
Voluntary AD&D (per $1,000 increment) Employee $0.03 Employee+Dependent(s) $0.045 © Erin P. Collins & Associates, Inc. Today’s Agenda
Introductions Overview of Arizona Metropolitan Trust Questions & Answers
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 1 The Beginning… Spearheaded by City of El Mirage, 4 Entities Formed AzMT 07/01/12 City of Apache Junction City of Avondale City of El Mirage Town of Youngtown 751 Employees/1,893 Total Covered Lives 4 Medical Plans (BlueCross BlueShield of AZ Network) EPO PPO 2 HDHPs
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 2 As of June 30, 2015 Added Dental & Life Effective 07/01/13 Added first new member – Buckeye Valley Fire District (03/01/15) 848 Employees/2,092 Total Covered Lives Maintained excellent financial performance Cash Position at 06/30/15 $3.5M Increase of $559k from 2013-14
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 3 As of July 01, 2018 ▪ Added Pinal County 07/01/15 ▪ Added Vision 07/01/15 ▪ Added Town of Fountain Hills and Sun City Fire District 07/01/16 ▪ Added City of Maricopa 01/01/17 ▪ Added Town of Paradise Valley 07/01/17 ▪ Added City of Litchfield Park 01/01/18 ▪ 2,872 Members/7,400 Total Covered Lives ▪ Average Rate Increase Since 07/01/14 – 1.5% ▪ Enhanced Benefits
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 4 AzMT Financial Performance
Total Assets $13,068,866 Total Liabilities $3,930,8541 Surplus December 2018 $9,138,012
Gross Revenue $33,823,366 Claim Funds $28,644,090 Premiums $2,377,610 Claim Administration $1,791,839 General Operating Expenses $1,009,826 Surplus – June 30, 2017 $3,364,049 Surplus – June 30, 2018 $7,739,323 Surplus – December 31, 2018 $9,138,012
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 5 AzMT Benefit Offerings – 2019-20 4 Medical/Prescription Drug Plans EPO, PPO, PPO Buy-Up, HDHP Flexible Spending Accounts (FSA) Health Savings Accounts (HSA) Blue Cross Blue Shield Network 2 Dental Plans Basic Plan - $2,000 Annual Max/19 Dep Age Buy-Up Plan - $4,000 Annual Max/26 Dep Age Delta Dental Network 2 Vision Plans Basic – 19 Dep Age Buy-Up – 26 Dep Age VSP Basic and Voluntary Life/AD&D Securian Long- and Short-Term Disability (Employer or Employee Paid) Mutual of Omaha Employee Assistance Program SupportLinc Wellness Program AzMT L.I.V.E. Administered by ECA
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 6 Administrative Support ▪ Legal Counsel – Michael E. Hensley, Jones Skelton & Hochuli ▪ Actuary – Michael Schionning, Cheiron ▪ Pool Administrator & Broker/Consultant – Jaime Schulenberg, ECA
▪ Admin Group ▪ Comprised of HR Reps from each entity ▪ Handle administrative, day-to-day issues related to procedures such as enrollment, etc. ▪ Work with Pool Administrator on benefit options for renewal consideration ▪ Act as liaison with Trustee and entity management
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 7 Governance & Membership ▪ Every Entity = One Vote ▪ Application Process ▪ Actuary Review ▪ Trustee Review ▪ Offer or Decline Membership ▪ 3-Year Term (Minimum) ▪ Based on July – June (Any effective date other than July 01 requires membership term through June 30 after 48 months – i.e., a 01/01/19 entry date would result in membership through 06/30/22, or 54 months) ▪ Penalties apply for early departure ▪ If voluntarily leave at end of term, no re-entry for 3 years
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 8 Governance & Membership (continued) ▪ No Buy-In ▪ Surplus/Deficit Allocated from Date of Membership ▪ Any surplus accumulated during membership is paid out on an established schedule for members who leave at the end of their term
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 9 Opportunities ▪ Seeking good growth for the future ▪ Entities seeking a long term solution ▪ Politically and financially stable ▪ Good business partners ▪ Larger population = greater stability and greater buying power
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 10 © Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 11 Thank You!
© Erin P. Collins & Associates, Inc. Erin P. Collins & Associates, Inc. 12
Common Council Regular Meeting H. 3. Meeting Date: 01/21/2020 Item Requested By: Pamela Green, Economic Development and Community Relations Director Staff Contact: Pamela Green Contact Phone Number: 928-231-1891 Type of Agenda Item: Public Hearing, Presentation w/Action, Includes Resolution, New Business STRATEGIC PLAN This project addresses the below Priority Area(s) and relates to the listed Specific Initiative(s): DOWNTOWN Encourage arts, dining, and retail businesses from other areas of Arizona to consider downtown Wickenburg for future expansion, including through flexibility in Town codes, where necessary. Building on existing studies and plans, create a new downtown strategic and/or redevelopment plan with input from a wide variety of stakeholders. Recognize the unique nature of downtown structures and encourage businesses to occupy them while maintaining high aesthetic design standards that promote Western culture. Research, plan and implement parking improvements that maximize the use of space and allow visitors easy access to downtown points of interest. Eliminate unused, underused, and blighted property in the downtown area through cooperation with property owners and economic development organizations and by regulatory means, where necessary. Solicit creative proposals for downtown redevelopment opportunities, including more lodging and event space options.
AGENDA ITEM: Public Hearing, Presentation, and Possible Action regarding the proposed Downtown Redevelopment Area Map. Action to Adopt Resolution No. 2253, Finding the Existence of an area designated by the Town Council to be in need of revitalization and Declaring the Necessity for and Creation of the Downtown Redevelopment Area Map (2/3 vote required) - Pamela Green, Economic Development Director BACKGROUND INFORMATION: In April 2017, the Wickenburg Mayor and Town Council adopted its Strategic Plan which included the aim of the Strategic Plan’s downtown portion being to create a unique sense of place, energy and excitement in downtown Wickenburg. Objective 1 is to create a constant stream of activity in the downtown area, and Objective 2 is to continue investment in infrastructure, planning and aesthetics. One of the initiatives to achieve these goals is to create a new downtown redevelopment project with input from a wide variety of stakeholders. Furthermore, the voter approved Town of Wickenburg General Plan 2025 calls for creation of a Central Business District in downtown Wickenburg, which can only be created in a properly designated Redevelopment Area (RDA).
In accordance with State statutes (A.R.S. 36-1471 et. seq), an RDA is an area designated by the Town Council to be in need of revitalization.
Town Staff has officially posted and notified the Public and included Property Owners within the proposed Downtown Redevelopment Area Map that there will be a presentation, discussion, a Public Hearing and possible Council action regarding the proposed Wickenburg Downtown Redevelopment Area Map at the Town Council meeting on Tuesday, January 21, 2020.
For more information, please contact Steve Boyle, Community Development Director or Pamela Green, Economic Development and Community Relations Director at 928-684-5451 or by email at: [email protected] or [email protected]
SPECIAL INSTRUCTION, NEEDS AND/OR ISSUES: Public Hearing - 2/3 Vote Required
SUGGESTED MOTION: I move to approve Resolution No. 2253, finding the existence of an area in need of revitalization and declaring the necessity for and creation of the Downtown Redevelopment Area Map.
Attachments Resolution 2253 Exhibit A - RDA Area Map RDA Findings of Necessity Summary Presentation RDA Map
Form Review Form Started By: Pamela Green Started On: 01/08/2020 06:52 PM Final Approval Date: 01/14/2020 RESOLUTION NO. 2253
A RESOLUTION OF THE M A Y O R A N D C O M M O N COUNCIL OF THE TOWN OF ARIZONA, FINDING THE EXISTENCE OF BLIGHTED AREA IN THE TOWN OF WICKENBURG AND DECLARING NECESSITY FOR AND CREATION OF THE DOWNTOWN REDEVELOPMENT AREA MAP
WHEREAS, the provisions of Arizona Revised Statutes § 36-1471 et seq., for redevelopment of areas within municipalities; and
WHEREAS, such statutes require certain findings be made by the governing body of a municipality prior to the exercise of the powers granted thereby;
WHEREAS, the Town Council by this resolution is creating one new area, the Downtown Redevelopment Area, as shown on Exhibit attached; and
WHEREAS, the Town retained a consultant, the Phoenix-New York Company who assisted the Town in evaluating and analyzing the Downtown Redevelopment Area, which included an on-site survey of each parcel within the proposed redevelopment area; and
WHEREAS, the consultant prepared the Downtown Findings of Necessity Reports, which are available in the Town Clerk’s office;
WHEREAS, the Town held an open house for the Downtown Redevelopment Area on January 22, 2018 and February 26, 2018 to discuss the proposed Redevelopment Area with the property owners within the proposed redevelopment area; and
WHEREAS, the Town has continued analysis of the Downtown Redevelopment Area in 2018 and 2019 and finds that a blighted area exists in the Town of Wickenburg for creation of the downtown redevelopment area map.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN WICKENBURG, MARICOPA COUNTY, STATE OF ARIZONA, AS FOLLOWS:
SECTION 1. The Council finds that the following blight conditions are present, singly or in combination, o n a predominance o f the properties w i t h i n the Downtown
a. A dominance of defective or inadequate street layout; b. Faulty lot layout in relation to size, adequacy, accessibility or usefulness; c. Unsanitary or unsafe conditions; d. Deterioration of site or other improvements; e. Diversity of ownership; f. Tax or special assessment delinquency exceeding the fair value of the land; g. Defective or unusual conditions of title; h. Improper or obsolete subdivision platting; i. The existence of conditions that endanger life or property by fire or other causes. Resolution No. 2253
Individually or in combination, these conditions substantially impair or arrest the sound business and housing growth within the Town of Wickenburg.
SECTION 2. The Council finds that the redevelopment of the area is in the interest of the public health, safety, morals or welfare of the residents of the Town
SECTION 3 . The Council finds that the Downtown complies with all statutory requirements, A.R.S. § 36-1471 e t seq., necessary f o r the creation of a Redevelopment Area, and Council hereby creates the Downtown Redevelopment Area as shown in Exhibit A.
PASSED AND ADOPTED by the Town Council of the Town of Wickenburg, Arizona, this 21st day of January 2020.
APPROVED this 21st day of January 2020.
Date Signed: Rui Pereira, Mayor
ATTEST:
Date Signed: Amy Brown, Town Clerk
APPROVED AS TO FORM:
Date Signed: Trish Stuhan, Town Attorney Gust Rosenfeld PLC
Number of Councilmembers Present: Number of Votes For: Number of Votes Against: Number of Abstentions:
CERTIFICATION
I, Amy Brown, Town Clerk, HEREBY CERTIFY that the foregoing Resolution Number 2 253 was duly passed and adopted by the Common Council of the Town of Wickenburg, Arizona, at a regular meeting held on the 21st day of January 2020, and that a quorum was present at the meeting.
Amy Brown, CMC Town Clerk
Findings of Necessity
Wickenburg Redevelopment Area Study
August 2019 Wickenburg Redevelopment Area Study
Findings of Necessity • August 2019
For more Town of Wickenburg information contact: Economic Development and Community Relations Phone: 928-668-0522 Wickenburg Redevelopment Area Study
Findings of Necessity
Presented to: Town of Wickenburg, Arizona
Presented by: Matrix Design Group
August 2019
Please see next page.
Table of Contents
Executive Summary ...... ES-1
1. Overview and Purpose ...... 1-1
2. Determination of Blight ...... 2-1
3. Conclusion ...... 3-1
4. Appendix ...... (Provided in separate document)
Findings of Necessity Page i
Please see the next page.
Page ii Findings of Necessity
Executive Summary
Introduction The purpose of this report is to demonstrate a finding of necessity to determine the need for establishing a Redevelopment Area (RDA) per Arizona Revised Statutes (ARS) §36-1471 et seq. This statute provides local governments the authority to designate RDAs to revitalize blighted areas within its jurisdiction. Blight includes visual conditions, as well as non-visual conditions, such as platting, title issues, and crime. This report assesses and details the extent of blight within the proposed Wickenburg Redevelopment Area (RDA).
A Finding of Necessity, as outlined in ARS §36-1473, is a required first step that a municipality must approve and adopt prior to establishing an RDA. Therefore, this information is provided as evidence to the Wickenburg Town Council that the study area contains a predominance of blight.
Arizona Revised Statutes §36-1471 defines the meaning of “blighted area” as:
An area, other than a slum area, where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested in a predominance of the properties by any of the following: a dominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership; tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; improper or obsolete subdivision platting; and the existence of conditions that endanger life or property by fire and other causes.
Each property within the proposed Wickenburg RDA was visually assessed during an on-site field survey for the following blight factors:
◼ Unsanitary or unsafe conditions ◼ Obsolete subdivision platting ◼ Deterioration of site or other improvements ◼ Inadequate street layout ◼ Conditions that endanger life or property ◼ Faulty lot layout
This data was then validated through an aerial survey using a combination of the 2019 aerial imagery provided on the Maricopa County’s Assessor’s website and Google Maps.
Findings of Necessity Page ES-1
Conclusion The following summary shows that a substantial number of blight conditions exist in the Wickenburg RDA. There were 286 out of 435 parcels, or 65.75% that were identified to have at least one blight factor, as well as 61.3% of the total acreage was determined to be blighted. Faulty lot layout was the most common blight factor throughout the Wickenburg RDA, representing 36.55% of the total parcels. Other major blight factors include improper or obsolete subdivision platting (32.41% of the total parcels), and diversity of ownership (19.08% of the total parcels).
It is in the opinion of Matrix Design Group that the Wickenburg Town Council could make a finding of blight in the Wickenburg RDA study area. Establishing the Wickenburg RDA is in the residents’ interest of public health, safety, morals and welfare.
Page ES-2 Findings of Necessity
1. Overview and Purpose
Introduction In order to determine the need for redevelopment, it is important to understand how blight is defined, where it may be occurring, and what impact it has on the surrounding community. This section includes definitions of blight, as provided by the Arizona Revised Statutes (ARS), as well as descriptions of the methodology used to assess and analyze blight conditions within the Wickenburg RDA.
Arizona Revised Status §36-1471 Arizona Revised Statutes (ARS) Title 36 provides local governments the authority to designate Redevelopment Areas (RDA) to revitalize blighted areas. RDAs are designated by a town council in locations that are in need of revitalization due to a predominance of blight. The relevant sections pertaining to blight are provided below in order of application.
A Finding of Necessity, as outlined in ARS §36-1473, is a required first step a municipality must approve and adopt prior to establishing an RDA. The report assesses and details the scope and extent of blight within a defined study area. This information is provided as evidence to a town council that the study area contains a predominance of blight.
Arizona Revised Statutes §36-1473 requires municipalities to conduct and adopt a Findings of Necessity study prior to creating an RDA. This ARS states:
A. A municipality shall not exercise any of the powers conferred on municipalities by this article until its local governing body adopts a resolution by a two-thirds vote finding both of the following:
1. One or more slum or blighted areas exist in the municipality.
2. The redevelopment of that area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of the municipality.
Arizona Revised Statutes §36-1471 defines the meaning of “blighted area” as:
An area, other than a slum area, where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested in a predominance of the properties by any of the following: a dominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility or usefulness; unsanitary or unsafe conditions; deterioration of site or other
Findings of Necessity Page 1-1
improvements; diversity of ownership; tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; improper or obsolete subdivision platting; and the existence of conditions that endanger life or property by fire and other causes.
There are nine blight factors indicated by Arizona Revised Statute §36-1471. These factors are:
◼ Dominance of defective or inadequate street layout includes street layouts and roadways that are incapable or inadequate at handling traffic flow. Conditions include inaccessible parcels and / or confusing or unsafe traffic patterns.
◼ Faulty lot layout includes parcels that are either inadequate in size and / or shape, or properties that are inefficient in supporting appropriate use of land.
◼ Unsanitary or unsafe conditions includes environments that may be harmful to human health and safety. Conditions include uncontrolled solid waste, evidence of homelessness, excessive animal droppings, and storage of items with little or no economic value other than salvage.
◼ Deterioration of site or other improvements includes physical property conditions that detract from the overall appearance. Conditions include general deterioration from age and weathering, unmaintained property, and major repairs unattended.
◼ Diversity of ownership includes buildings that are split between two or more parcels with different property owners, making it difficult to redevelop structures.
◼ Obsolete subdivision platting includes areas that are poorly subdivided, making proper development difficult. Conditions include unproductive and / or inaccessible parcels.
◼ Conditions that endanger life or property includes properties that contain conditions that pose threats to life or properties by fire, contamination, or other causes. Conditions include vacant buildings, excessive junk, blocked entrances, code violations, structural damage, and higher than normal crime rates.
◼ Tax or special assessment delinquency exceeding the fair value of the land* includes any financial burdens linked to the property.
◼ Defective or unusual conditions of title* includes any conditions granted in a title that may make the property unmarketable or difficult to redevelop. Seven of these nine blight factors were used to assess blight in the Wickenburg RDA. The “*” indicates the two blight factors that were not assessed. As documented later in this report, conditions exist for the Town of Wickenburg to make a finding of blight in the Wickenburg RDA Study Area without a review of the two blight factors referenced above.
Arizona Revised Statutes §36-1472 grants a local government the authority to declare a redevelopment area due to the predominance of blight based on five existing conditions. This ARS states:
1. That there exist in municipalities of the state slum or blighted areas which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals and welfare of the residents of the state.
Page 1-2 Findings of Necessity 1. Overview and Purpose
2. That the existence of these areas contributes substantially and increasingly to the spread of disease and crime, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, punishment and the treatment of juvenile delinquency and for the maintenance of adequate police, fire and accident protection and other public services and facilities, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities and retards the provision of housing accommodations.
3. That this menace is beyond remedy and control solely by regulatory process in the exercise of the police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided by this article.
4. That the acquisition of property for the purpose of eliminating the conditions or preventing recurrence of these conditions in the area, the removal of structures and improvement of sites, the disposition of the property for redevelopment and any assistance which may be given by any public body in connection with these activities are public uses and purposes for which public money may be expended and the power of eminent domain exercised.
5. That the necessity in the public interest for the provisions of this article is declared as a matter of legislative determination.
Arizona Revised Statutes §36-1474 grants a local government the authority to undergo redevelopment planning. This ARS states:
A. Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others granted by this article:
1. To prepare or cause to be prepared redevelopment plans and to undertake and carry out redevelopment projects within its area of operation.
Town of Wickenburg Town Code Chapter 10 Article 10-5 Blight is defined in Chapter 10 Article 10-5 of Wickenburg’s Town Code as:
“Unsightly conditions including the accumulation of filth or debris; fences characterized by holes, break, rot, crumbling, cracking, peeling, or rusting; landscaping that is dead or damaged through the natural elements; and any other similar condition of disrepair and deterioration.”
Findings of Necessity Page 1-3
Background The proposed Wickenburg RDA is located in east-central Wickenburg, comprising 198.98 acres. The RDA encompasses Historic Downtown Wickenburg and generally includes properties between Adams Avenue and US 60 with off-shoots on Washington Street and Tegner Street. Figure 1-1 displays the proposed Wickenburg RDA boundary.
Figure 1-1. Wickenburg RDA Boundary Map
Page 1-4 Findings of Necessity 1. Overview and Purpose
Methodology The process of surveying and assessing the proposed Wickenburg Redevelopment Area was programmatically divided into steps to thoroughly analyze blight conditions for this Findings of Necessity.
The Wickenburg RDA boundary was established based on areas needed improvement within downtown Wickenburg and the areas surrounding downtown
In November of 2017, an initial cursory aerial survey was completed within the proposed Wickenburg RDA boundary to identify areas of concern prior to conducting a detailed on-site field survey. The Maricopa County Assessor’s website contains an interactive mapping tool with 2017 aerial imagery and parcel data. These web-based tools were used to analyze the Wickenburg RDA study area as a precursor and preliminary guide for an on-site field survey. In 2019, the Town revised the study area to comply with changes in the State Statutes relative to the RDA size and compactness. As a result, the team conducted an additional aerial survey to identify areas of concern in the new RDA study area.
The Wickenburg RDA study area was divided into four subareas in order to help expedite organizing a field survey and to help locate blight issues.
The field survey team used a mobile data collection application called Fulcrum (www.fulcrumapp.com) to assist with data collection. To further prepare for and facilitate a field survey, parcel data from the Maricopa County Assessor’s Office was isolated to the Study Area and then uploaded to Fulcrum. This data was then able to be accessed and edited while on-site.
The on-site field survey was conducted on November 17, 2017 for the original RDA boundary. Following the change in boundary, an additional field survey was conducted on June 29, 2019 to assess the newly added RDA areas, and also to reassess properties within the original boundary. The field surveys were organized and completed systematically by subarea. Each member of the survey team was assigned to a subarea, in which the survey team member assessed each parcel visually for blight conditions, captured a picture of the property, and recorded their assessment in the Fulcrum application (Figure 1-2). If the parcel was identified as containing one or more conditions of blight, the surveyor recorded the property as blighted with a description and photograph of the blight condition. This process was continued until each parcel was assessed.
Findings of Necessity Page 1-5
Figure 1-2. Fulcrum App Example
Page 1-6 Findings of Necessity 1. Overview and Purpose
Sample photos taken during the on-site field survey
Once all of the parcels in the Wickenburg RDA were visually analyzed following the on-site field survey, each parcel’s blight assessment was validated through an aerial survey using a combination of the 2019 aerial imagery provided on the Maricopa County’s Assessor’s website (as shown in Figure 2-3) and Google Maps. This aerial survey also provided the potential to analyze portions of parcels that were inaccessible from an on-site field survey. Results were recorded in Fulcrum in the same manner as the on-site field survey.
Figure 1-3. Screenshot of Maricopa County’s Assessor’s Website
Findings of Necessity Page 1-7
Upon completion of the field and aerial visual surveys, the information that was recorded in Fulcrum was exported to a geodatabase. After running checks for errors or omissions and correcting any issues, this data was then mapped in ESRI’s ArcGIS ArcMap to assess the Wickenburg RDA as a whole and to calculate the scope of blight in the area. Blight was measured initially in two forms: 1) a simple raw parcel count of blighted versus non-blighted parcels and 2) adding up the assessor-provided acreage of the blighted parcels versus non-blighted parcels.
Following are brief descriptions of each subareas’ existing conditions. The subareas are shown on Figure 1-4. A detailed review of each parcel is included in the Appendix.
Subarea 1 Subarea 1 is located on the far east side of the RDA, east of the US 93 and US 60 roundabout. The subarea includes properties located both north and south of US 60. Land uses along US 60 generally comprise commercial uses. There are single-family residential uses located between Constellation Road and El Recreo Drive as well as some vacant properties.
Subarea 2 Subarea 2 is primarily centered between Tegner Street and the US 93 and US 60 roundabout, although there is a property located east of this roundabout as well. The majority of the land uses in this subarea are commercial. There are both local shops and restaurants as well as a Bashas’ grocery store located within the subarea that have the potential to serve as a commercial anchor for the RDA.
The subarea has direct access to US 60, providing a southwest connection to the metropolitan Phoenix area, as well as access to US 93, providing access northwest to Kingman.
Subarea 3 Subarea 3 is located between Tegner Street and Frontier Street. There are industrial uses in the northwest end of the subarea, that are separated from the rest of the subarea by N Frontier Street. There are additional industrial uses southeast of US 60, which are mixed with commercial uses. Commercial uses are prominent south of N Frontier Street to US 60. Residential uses are located south of Cochise Street, which includes single- family and multi-family residential units in the form of an apartment.
Subarea 4 Subarea 4 is located mainly along the Washington Street and includes parcels along US 60 in between Apache Street and the southeastern side of US 60. Uses along Washington Street are commercial and industrial with some residential at the end. Along US 60, there are mainly commercial uses with a couple of residential uses. The majority of the residential uses within this subarea are located on Adams Street and Jefferson Street, northwest of US 60. These residential units are single-family residential.
Page 1-8 Findings of Necessity 1. Overview and Purpose
Figure 1-4. Wickenburg RDA Subareas
Findings of Necessity Page 1-9
Please see the next page.
Page 1-10 Findings of Necessity
2. Determination of Blight
Introduction Seven of the following nine blight factors were used to assess the Wickenburg RDA and establish a determination of blight per ARS requirements (the “*” indicates the blight factor was not assessed as part of this study). As documented later in this report, conditions exist for the Wickenburg Town Council to make a finding of blight in the Wickenburg RDA Study Area without a review of the two blight factors referenced below.
A dominance of defective or inadequate street layout Faulty lot layout in relation to size, adequacy, accessibility or usefulness Unsanitary or unsafe conditions Deterioration of site or other improvements Diversity of ownership Improper or obsolete subdivision platting The existence of conditions that endanger life or property by fire or other causes (including crime) Tax or special assessment delinquency exceeding the fair value of the land* Defective or unusual conditions of title*
As described in Section 1 of this document, each parcel within the proposed Wickenburg RDA was visually assessed for each of the seven blight factors. Based on this assessment, the following blight conditions were observed:
◼ 286 out of 435 parcels, or 65.75% have at least one blight factor
◼ 61.3% of the total area (acreage) is determined to be blighted
Table 2-1 summarizes the number of parcels exhibiting one or more blight conditions in the proposed Wickenburg RDA.
Findings of Necessity Page 2-1
Table 2-1. Number of Blight Factors Percent (%) Percent (%) Number of Factors Number of Parcels of Parcels Number of Acres of Acres 0 149 34.25% 77.00 38.70% 1 118 27.13% 80.74 40.58% 2 83 19.08% 17.76 8.93% 3 58 13.33% 20.60 10.35% 4 22 5.06% 2.48 1.25% 5 or more 5 1.15% 0.28 0.14% Parcels with at least 1 Blight 286 65.75% 121.98 61.30% Factor
To further analyze the blighted parcels, Table 2-2 indicates the type of blight factor affecting each blighted parcel. As noted below, faulty lot layout was the most common blight factor representing 36.55% of all parcels and 18.31% of the total land area. Other major blight factors include improper or obsolete subdivision platting (32.41% of the total parcels), and diversity of ownership (19.08% of the total parcels)
Table 2-2. Number of Blighted Parcels by Blight Factor Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 1. Dominance of defective or 80 18.39% 49.77 25.01% inadequate street layout 2. Faulty lot layout 159 36.55% 36.44 18.31% 3. Unsanitary or unsafe conditions 28 6.44% 35.84 18.01% 4. Deterioration of site 50 11.49% 20.35 10.23% 5. Diversity of ownership 83 19.08% 11.11 5.58% 6. Improper or obsolete 141 32.41% 26.26 13.20% subdivision platting 7. Conditions that endanger life or 32 7.36% 10.27 5.16% property 8. Tax or special assessment Not Assessed delinquency 9. Defective or unusual conditions Not Assessed of title
Figure 2-1 displays the total amount of blight assessed within the Wickenburg RDA.
Page 2-2 Findings of Necessity 2. Determination of Blight
Figure 2-1. Total Blight
Findings of Necessity Page 2-3
Dominance of Defective or Inadequate Street Layout Dominance of defective or inadequate street layout includes street layouts and roadways that are incapable or inadequate at handing traffic flow. Parcels were determined to be blighted if they contained the following indicators:
◼ Inaccessible from a public street
◼ Along confusing or unsafe roadways
The Wickenburg RDA contains 18.39% of parcels and 25.01% of acres that were determined to be blighted Parcel does not have any direct access to a public due to a dominance of defective or inadequate street roadway layout.
Table 2-3. Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 1. Dominance of defective or 80 18.39% 49.77 25.01% inadequate street layout
Page 2-4 Findings of Necessity 2. Determination of Blight
Faulty Lot Layout Faulty lot layout includes parcels that are either inadequate in size and/or shape, or properties that are inefficient in supporting appropriate use of land. Parcels were determined to be blighted if they contained the following indicators:
◼ Parcel size was inadequate to meet needs of use
◼ Property was difficult to maneuver and / or poorly planned
The Wickenburg contains 36.55% of parcels and 18.31% of Parcel does is not large enough for full parking lot and does acres that were determined to be blighted due to a faulty not have direct access to a roadway lot layout.
Table 2-4. Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 2. Faulty lot layout 159 36.55% 36.44 18.31%
Findings of Necessity Page 2-5
Unsanitary or Unsafe Conditions Unsanitary or unsafe conditions includes environments that may be harmful to human health and safety. Parcels were determined to be blighted if they contained the following indicators:
◼ Uncontrolled solid waste
◼ Evidence of homelessness
◼ Excessive animal droppings The Wickenburg RDA contains 6.44% of parcels and 18.01% of acres that were determined to be blighted due to unsanitary or unsafe conditions.
Table 2-5. Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 3. Unsanitary or unsafe conditions 28 6.44% 35.84 18.01%
Page 2-6 Findings of Necessity 2. Determination of Blight
Deterioration of Site or Other Improvements Deterioration of site or other improvements includes physical property conditions that detract from the overall appearance. Parcels were determined to be blighted if they contained the following indicators:
◼ General deterioration from age and weathering
◼ Unmaintained property
◼ Major repairs unattended Property has dilapidated windows and doors and ◼ Broken windows unclear walkways The Wickenburg RDA contains 1.49% of parcels and 10.23% of acres that were determined to be blighted due to deterioration or site or other improvements.
Table 2-6. Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 4. Deterioration of site 50 11.49% 20.35 10.23%
Findings of Necessity Page 2-7
Diversity of Ownership Diversity of ownership includes buildings that are split between two or more parcels with different property owners, making it difficult to redevelop structures. Parcels were determined to be blighted if they contained the following indicators:
◼ Single structures split between multiple parcels and property owners The Wickenburg RDA contains 19.08% of parcels and 5.58% of acres that were determined to be blighted due to a diversity of ownership. Business is split between three parcels, with two different owners.
Table 2-7. Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 5. Diversity of ownership 83 19.08% 11.11 5.58%
Page 2-8 Findings of Necessity 2. Determination of Blight
Improper or Obsolete Subdivision Platting Improper or obsolete subdivision platting includes areas that are poorly subdivided, making proper development difficult. Parcels were determined to be blighted if they contained the following indicators:
◼ Unproductive and / or obsolete parcels
◼ Inadequate size or location of parcel in relation to street layout and / or land use
The Wickenburg RDA contains 32.41% of parcels and 13.2% Parcels were subdivided in such a way that does not of acres that were determined to be blighted due to a provide any street frontage or sufficient access to a diversity of ownership. public roadway.
Table 2-8. Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 6. Improper or obsolete subdivision 141 32.41% 26.26 13.20% platting
Findings of Necessity Page 2-9
Conditions that Endanger Life or Property Conditions that endanger life or property includes properties that contain conditions that pose threats to life or properties by fire, contamination, or other causes. Parcels were determined to be blighted if they contained the following indicators:
◼ Abandoned vehicles ◼ Vacant buildings ◼ Excessive junk ◼ Structural damage
◼ Code violations ◼ High crime rates Property presents risk for flooding ◼ Blocked entrances ◼ Overcrowding The Wickenburg RDA contains 7.36% of parcels and 5.16% of acres that were determined to be blighted due to conditions that endanger life or property.
Table 2-9. Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 7. Conditions that endanger life or 32 7.36% 10.27 5.16% property
Page 2-10 Findings of Necessity 2. Determination of Blight
Additional characteristics that endanger life or property are excessive code violations and crime rates that are substantially above the town average. Code compliance violations and crime rates were collected, analyzed, and mapped at the Census Tract level. Disproportionate amount of code compliance violations and crime rates are an additional indicator of blight that endangers life and / or property. Code compliance and crime statistics in the Wickenburg RDA were compared to the Town of Wickenburg as a whole. The Wickenburg RDA data includes the one census tract that overlaps the study area. The Census Tract is 405.02.
Findings of Necessity Page 2-11
Please see the next page.
Page 2-12 Findings of Necessity
3. Conclusion
Conclusion Arizona law grants local government the authority to declare a redevelopment area due to a predominance of blight. Blight, according to Arizona law, includes the following factors:
Dominance of defective or inadequate street layout Faulty lot layout in relation to size, adequacy, accessibility or usefulness Unsanitary or unsafe conditions Deterioration of site or other improvements Diversity of ownership Tax or special assessment delinquency exceeding the fair value of the land Defective or unusual conditions of title Improper or obsolete subdivision platting Existence of conditions that endanger life or property by fire and other causes.
Seven of the nine blight factors were carefully assessed during an on-site field survey and aerial survey of each parcel within the Wickenburg RDA. This analysis found there were 286 out of 435 parcels, or 65.75% that were identified to have at least one blight factor, as well as 61.3% of the total acreage was determined to be blighted. The most common blight factor throughout the Wickenburg RDA was faulty lot layout, which represented 36.55% of all parcels and 18.31% of the total acreage.
Number of Percent (%) of Percent (%) of Blight Factor Parcels Parcels Number of Acres Acres 1. Dominance of defective or 80 18.39% 49.77 25.01% inadequate street layout 2. Faulty lot layout 159 36.55% 36.44 18.31% 3. Unsanitary or unsafe conditions 28 6.44% 35.84 18.01% 4. Deterioration of site 50 11.49% 20.35 10.23% 5. Diversity of ownership 83 19.08% 11.11 5.58% 6. Improper or obsolete 141 32.41% 26.26 13.20% subdivision platting 7. Conditions that endanger life or 32 7.36% 10.27 5.16% property 8. Tax or special assessment Not Assessed delinquency 9. Defective or unusual conditions Not Assessed of title
Findings of Necessity Page 3-1
Improper or obsolete subdivision platting and diversity of ownership are two other major blight factors identified within the Wickenburg RDA, representing 32.41% and 19.08% of the total parcels respectively.
This report shows there is a predominance of blight present in the Wickenburg RDA per Arizona Revised Statutes §36-1471 et seq. It is in the opinion of Matrix Design Group that the Wickenburg Town Council could make a finding of blight in the Wickenburg RDA study area. Establishing the Wickenburg RDA is in the residents’ interest of public health, safety, morals and welfare.
Page 3-2 Findings of Necessity Aaron White, Project Manager Phone: 928-668-0522 Email: [email protected] For more Town of Wickenburg information contact: Economic Development and Community Relations Phone: 928-668-0522 Downtown Redevelopment Area Map
Workshop #2 April 12, 2018
Downtown Plan Slide 1 Wickenburg Downtown Plan Project Milestones
Project History ▪ January 2017: ▪ Council Presentation ▪ March 2017: ▪ Wickenburg Downtown Revitalization Foundation Presentation ▪ April 2017: ▪ Strategic Plan Adopted ▪ May 2017: ▪ Entertainment District adopted ▪ May 2017: Town of Wickenburg Existing Zoning Map ▪ Downtown Merchants begin to meet
Slide 2
Wickenburg Downtown Plan Project Milestones
Project History - Continued ▪ June 2017: ▪ Budget adopted with funding for redevelopment area consulting services ▪ July 2017: ▪ EDAC reviews boundaries ▪ Bid for consulting services released ▪ October 2017: ▪ Contract awarded to Phoenix-New York Company Town of Wickenburg General Plan 2025, Land Use-Downtown Inset
Slide 3
Wickenburg Downtown Plan Project Milestones
Project History - Continued ▪ November 2017: ▪ Parcel by parcel analysis ▪ December 18, 2017: ▪ Draft findings presented to Town Council ▪ January 22, 2018: ▪ Draft findings presented at public meeting for property owners ▪ February 5, 2018: ▪ Council Update ▪ April 2018 ▪ Downtown Planning Meeting ▪ June 2019: ▪ Council Update ▪ Summer / Fall 2019 ▪ Presentations to P&Z, EDAC, Chamber, Downtown Merchants, Revitalization Foundation and Council ▪ December 2, 2019 (Notice of Public Hearing and Letters to Property Owners) ▪ Council Tabled Item to January 21, 2020 ▪ January 21, 2020 ▪ Presentation to Council, Public Hearing with possible action to adopt Redevelopment Area Map Slide 4
Wickenburg Downtown Plan Why is Redevelopment Plan Important
▪ Downtown has a long history of redevelopment
▪ Objective in the Council Strategic Plan
▪ Attract new investment and infill development
▪ Redevelopment is a process for achieving desired development, reconstruction, and rehabilitation of a neighborhood or business district
▪ Recommend important updates to the local zoning code Slide 5
Wickenburg Downtown Plan Downtown of the Past
Slide 6
6Wickenburg Downtown Plan Proposed Redevelopment Area Map (Boundaries)
Slide 7
Wickenburg Downtown Plan Findings of Necessity / Study Factors
Slide 8
Wickenburg Downtown Plan Findings of Necessity / Conclusion
Slide 9
Wickenburg Downtown Plan Private Property Regulations
▪ Prop 207 prevents government from exercising eminent domain on a private party for economic development ▪ Town cannot tell you to repaint your property or remove structures because of adoption of this map ▪ Town cannot force you to consolidate parcels because of adoption of this map ▪ Town cannot enforce new regulations on existing grandfathered uses ▪ Property Maintenance Code ▪ Zoning Code
Slide 10
Wickenburg Downtown Plan Next Steps
▪ Resolution 2253 designating the Downtown Redevelopment Area Map ▪ 2/3 vote of the whole council required for passage ▪ 5 votes ▪ Staff will present Amendments to the current Zoning Code within the Area Map via current policy and procedures (EDAC, Planning and Zoning --- Council) ▪ Deregulation/Flexibility of Code within the Area Map ▪ Plan for future capital improvement projects that can qualify for CDBG or other local funds/grants which require a designated Redevelopment Area (Map) ▪ General Plan update
Slide 11
Wickenburg Downtown Plan Proposed Redevelopment Area Map (Boundaries)
Slide 12
Wickenburg Downtown Plan Questions?
Downtown Plan Slide 13 Wickenburg Downtown Plan
Common Council Regular Meeting H. 4. Meeting Date: 01/21/2020 Item Requested By: Steve Boyle, CDNS Director Staff Contact: Davis Coughanour Contact Phone Number: 928-668-0575 Type of Agenda Item: Includes Ordinance, New Business STRATEGIC PLAN This project addresses the below Priority Area(s) and relates to the listed Specific Initiative(s): Not Applicable
AGENDA ITEM: Consider Adoption of Ordinance No. 1205 Extending and Increasing the Corporate Limits of the Town of Wickenburg, Arizona, in Annexation AX 19-01 (Moore Annexation), Pursuant to the Provisions of Title 9, Chapter 4, Arizona Revised Statutes and Amendments Thereto By Annexing Certain Territory Contiguous to the Existing Town Limits of The Town of Wickenburg; and Authorizing Initial Zoning of R1-87 Single Family Residential for Said Territory - Steve Boyle, Community Development Director
BACKGROUND INFORMATION: On September 3, 2019, the Town Council directed staff to proceed with multiple annexation efforts, including several properties in the Grantham Ranches. On October 21, 2019, the Town Council conducted the required public hearing for the "Moore" annexation.
The Town has since received the required signed petition to annex 140 acres of land contained in the Moore Annexation. The entire area is considered rural residential with currently 3 occupied residential units. The most compatible zoning the Town has to the County is R1-87, which is a 2-acre lot minimum.
SUGGESTED MOTION: I move to approve Ordinance 1205.
Attachments Ordinance 1205 Map Signatures Signatures Signatures Signatures
Form Review Form Started By: Steve Boyle Started On: 01/06/2020 10:04 AM Final Approval Date: 01/14/2020 ORDINANCE NO. 1205
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF WICKENBURG, ARIZONA EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF WICKENBURG, ARIZONA, IN ANNEXATION AX 19-01, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF WICKENBURG; AND AUTHORIZING INITIAL ZONING CHANGE FROM RCU-2A YAVAPAI COUNTY TO R1-87 SINGLE FAMILY RESIDENTIAL TOWN OF WICKENBURG FOR SAID TERRITORY.
WHEREAS, on September 30, 2019, the Town filed in the offices of the Yavapai County Recorder a blank petition setting forth a description and an accurate map of the entire area to be annexed, showing the exterior boundaries of territory contiguous to the Town, and showing any county rights-of-way and roadways with no taxable value within or contiguous to the exterior boundaries; and
WHEREAS, a notice and copy of the filing was given to the Clerk of the Yavapai County Board of Supervisors and the Yavapai County Assessor; and
WHEREAS, notice of public hearing to consider the proposed annexation was given as required by A.R.S. Section 9-471(A)(3) and the public hearing was held on October 21, 2019; and
WHEREAS, at least thirty (30) days have elapsed since the filing of the blank petition with the Yavapai County Recorder’s Office; and
WHEREAS, a written petition signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the Town of Wickenburg in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property has been filed in the office the Yavapai County Recorder; and
WHEREAS, the petition was circulated and filed in the office of the Yavapai County Recorders within one (1) year after the last day of the thirty (30) day waiting period under the statute; and
WHEREAS, an affidavit was filed with the Yavapai County Recorders along with said petition verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation; and
WHEREAS, said territory is contiguous to the Town of Wickenburg, and not now embraced within its limits, and the petition is asking that the property more particularly Ordinance 1205 hereinafter described be annexed to the Town of Wickenburg, and that the corporate limits of the Town of Wickenburg be extended and increased so as to embrace said territory; and
WHEREAS, the Mayor and Council of the Town of Wickenburg, Arizona desire to comply with said petition and extend and increase the corporate limits of the Town of Wickenburg to include said territory; and
WHEREAS, said petition sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Wickenburg, and has attached to it an accurate map of the territory desired to be annexed; and
WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after said petition was signed by a property owner; and
WHEREAS, no state lands were encompassed in this annexation; and
WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file with the Town of Wickenburg, Arizona, together with the original petition referred to herein.
NOW THEREFORE BE IT ORDAINED by the Mayor and Common Council of the Town of Wickenburg, Arizona as follows:
SECTION 1. That the following described territory be, and the same is, annexed to the Town of Wickenburg, and that the present corporate limits be, and the same hereby are, extended and increased to include the following described territory contiguous to the present Town Limits, as shown on the map of the boundaries, attached hereto as Exhibit A, and as legally described below:
The following Parcel of Land situated in a portion of the south half of Section 14, and the northwest quarter of Section 23, Township 8 North, Range 5 West, Gila and Salt River meridian, Yavapai County, Arizona, Parcel 17, Parcel 18 and Parcel 19 as shown on a map entitled “AMENDED MAP L.S. 65/93 DEPENDENT RESURVEY AND SEGREGATION” filed with the Recorder of Yavapai County in Book 84, Page 41 and Page 42, and further described as follows:
The southeast quarter of the southwest quarter of said Section 14;
The west half of the southwest quarter of the southeast quarter of said Section 14;
The southwest quarter of the southwest quarter of said Section 14;
The northwest quarter of the northwest quarter of said Section 23.
Containing 140.246 acres of land, more or less. Ordinance 1205
SECTION 2. Pursuant to A.R.S. Section 9-471 (L) the zoning classifications for the property, which permits densities and uses no greater than those permitted by the county immediately before the annexation, shall be R1-87 Single Family Residential
PASSED AND ADOPTED by the Town Council of the Town of Wickenburg, Arizona, this 21st day of January, 2020.
______ATTEST: Rui Pereira, Mayor
______Amy Brown, Town Clerk
APPROVED AS TO FORM:
______Trish Stuhan, Town Attorney Gust Rosenfeld PLC Number of Councilmembers Present: Number of Votes For: Number of Votes Against: Number of Abstentions:
CERTIFICATION
I HEREBY CERTIFY that the foregoing Ordinance Number 1205 was duly passed and adopted by the Common Council of the Town of Wickenburg, Arizona, at a regular meeting held on the 21st day of January, 2020, and that a quorum was present at the meeting.
Amy Brown, Town Clerk
The following exhibit is attached hereto and incorporated herein: A. Map of the Boundaries
Common Council Regular Meeting H. 5. Meeting Date: 01/21/2020 Item Requested By: Steve Boyle, CDNS Director Staff Contact: Davis Coughanour Contact Phone Number: 928-668-0575 Type of Agenda Item: Includes Ordinance, New Business STRATEGIC PLAN This project addresses the below Priority Area(s) and relates to the listed Specific Initiative(s): Not Applicable
AGENDA ITEM: Consider Adoption of Ordinance No. 1206 Extending and Increasing the Corporate Limits of the Town of Wickenburg, Arizona, in Annexation AX 19-02 (Kropf Annexation), Pursuant to the Provisions of Title 9, Chapter 4, Arizona Revised Statutes and Amendments Thereto By Annexing Certain Territory Contiguous to the Existing Town Limits of The Town of Wickenburg; and Authorizing Initial Zoning of R1-175 Single Family Residential for Said Territory - Steve Boyle, Community Development Director
BACKGROUND INFORMATION: On September 3, 2019, the Town Council directed staff to proceed with multiple annexation efforts, including the Kropf Annexation area. On October 21, 2019, the Town Council conducted the required public hearing for the "Kropf" annexation.
The Town has since received the required signed petition to annex 16 acres of land contained in the Kropf Annexation. The entire area is considered rural residential with currently 1 occupied residential unit and a proposed residential home. The most compatible zoning the Town has to the County is R1-175, which is a 4-acre lot minimum.
SUGGESTED MOTION: I move to approve Ordinance No. 1206.
Attachments Ordinance 1206 Map Signatures Signatures
Form Review Form Started By: Steve Boyle Started On: 01/06/2020 10:37 AM Final Approval Date: 01/14/2020 ORDINANCE NO. 1206
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF WICKENBURG, ARIZONA EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF WICKENBURG, ARIZONA, IN ANNEXATION AX 19-02, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF WICKENBURG; AND AUTHORIZING INITIAL ZONING CHANGE FROM R1L-175 YAVAPAI COUNTY TO R1-175 SINGLE FAMILY RURAL RESIDENTIAL TOWN OF WICKENBURG FOR SAID TERRITORY.
WHEREAS, on September 30, 2019, the Town filed in the offices of the Yavapai County Recorder a blank petition setting forth a description and an accurate map of the entire area to be annexed, showing the exterior boundaries of territory contiguous to the Town, and showing any county rights-of-way and roadways with no taxable value within or contiguous to the exterior boundaries; and
WHEREAS, a notice and copy of the filing was given to the Clerk of the Yavapai County Board of Supervisors and the Yavapai County Assessor; and
WHEREAS, notice of public hearing to consider the proposed annexation was given as required by A.R.S. Section 9-471(A)(3) and the public hearing was held on October 21, 2019; and
WHEREAS, at least thirty (30) days have elapsed since the filing of the blank petition with the Yavapai County Recorder’s Office; and
WHEREAS, a written petition signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the Town of Wickenburg in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property has been filed in the office the Yavapai County Recorder; and
WHEREAS, the petition was circulated and filed in the office of the Yavapai County Recorders within one (1) year after the last day of the thirty (30) day waiting period under the statute; and
WHEREAS, an affidavit was filed with the Yavapai County Recorders along with said petition verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation; and Ordinance 1206
WHEREAS, said territory is contiguous to the Town of Wickenburg, and not now embraced within its limits, and the petition is asking that the property more particularly hereinafter described be annexed to the Town of Wickenburg, and that the corporate limits of the Town of Wickenburg be extended and increased so as to embrace said territory; and
WHEREAS, the Mayor and Council of the Town of Wickenburg, Arizona desire to comply with said petition and extend and increase the corporate limits of the Town of Wickenburg to include said territory; and
WHEREAS, said petition sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Wickenburg, and has attached to it an accurate map of the territory desired to be annexed; and
WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after said petition was signed by a property owner; and
WHEREAS, no state lands were encompassed in this annexation; and
WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file with the Town of Wickenburg, Arizona, together with the original petition referred to herein.
NOW THEREFORE BE IT ORDAINED by the Mayor and Common Council of the Town of Wickenburg, Arizona as follows:
SECTION 1. That the following described territory be, and the same is, annexed to the Town of Wickenburg, and that the present corporate limits be, and the same hereby are, extended and increased to include the following described territory contiguous to the present Town Limits, as shown on the map of the boundaries, attached hereto as Exhibit A, and as legally described below:
The following Parcel of Land situated in a portion of the east half of Section 29, Township 8 North, Range 5 West, Gila and Salt River meridian, Yavapai County, Arizona, Parcel 1 and Parcel 2 as shown on a map entitled “MINOR LAND DIVISON AND EASEMENT SURVEY MAP L.S. BOOK 70, PAGE 110” filed with the recorder of Yavapai County in reception number 2017-0058867, bounded and described as follows:
Beginning at most northerly corner of the lands now or formerly of Lucille Kaslauskas as described in deed recorded with the Recorder of Yavapai County in Book 2480 at Page 252, said point being on the southwesterly side of U.S. Highway 89/93; Thence S60°05’32”E 1477.53 feet; Thence S29°06’05W 1884.56 feet to an iron pipe with tag #43676; Thence S55°25’46”W 334.04 feet to the true point of beginning; Thence continuing S55°25’46”W 1665.56 feet; Thence N00°10’27”W 548.07 feet; Ordinance 1206
Thence N55°25’46”E 1464.08 feet; Thence S21°07’27”E 464.99 feet to the true point of beginning.
Containing 16.246 acres of land, more or less.
SECTION 2. Pursuant to A.R.S. Section 9-471 (L) the zoning classifications for the property, which permits densities and uses no greater than those permitted by the county immediately before the annexation, shall be R1-175 Single Family Rural Residential.
PASSED AND ADOPTED by the Town Council of the Town of Wickenburg, Arizona, this 21st day of January, 2020.
Rui Pereira, Mayor ATTEST:
Amy Brown, Town Clerk
APPROVED AS TO FORM:
Trish Stuhan, Town Attorney Gust Rosenfeld PLC Number of Councilmembers Present: Number of Votes For: Number of Votes Against: Number of Abstentions:
CERTIFICATION I HEREBY CERTIFY that the foregoing Ordinance Number 1206 was duly passed and adopted by the Common Council of the Town of Wickenburg, Arizona, at a regular meeting held on the 21st day of January, 2020, and that a quorum was present at the meeting.
Amy Brown, Town Clerk
The following exhibit is attached hereto and incorporated herein: A. Map of the Boundaries
Common Council Regular Meeting H. 6. Meeting Date: 01/21/2020 Item Requested By: Amy Brown, Town Clerk Staff Contact: Amy Brown Contact Phone Number: 928-668-0517 Type of Agenda Item: New Business STRATEGIC PLAN This project addresses the below Priority Area(s) and relates to the listed Specific Initiative(s): Not Applicable
AGENDA ITEM: Consider Authorizing the Call of Election for the Town's 2020 Primary and General Elections - Amy Brown, Town Clerk
BACKGROUND INFORMATION: The Town’s Primary Election is scheduled for August 4, 2020. This election will be held for the purpose of nominating candidates for the Mayor's seat and three (3) Council seats. Any candidate receiving a majority of the votes cast for that office at the Primary Election will be declared elected to that office without running at the General Election (November 3, 2020). If not all seats are filled at the Primary Election, then the Primary Election is deemed a nominating election and those candidates receiving the highest number of votes proceed to the General Election. The number of candidates to proceed to the General Election is two times the number of available seats. For example, if two (2) Council seats are not filled in the Primary Election, up to four (4) candidates would proceed to the General Election.
The Council Members up for re-election include Kelly Blunt, Sam Crissman and Royce Kardinal. In addition, the Mayor's seat will be up for re-election.
Nomination packets are available for distribution at the Town Clerk's Office. The deadline for submitting nomination packets is April 6, 2020, at 5:00 p.m. Candidates seeking nomination for Mayor or Council Member will be required to obtain a minimum of 131 signatures and can file their forms with the Town Clerk no sooner than 8:00 a.m. on Monday, March 9, 2020. This year candidates must complete a Statement of Interest prior to collecting any signatures and file that with the Town Clerk's office.
Staff recommends that Mayor and Council authorize the Call of Election for the Town’s 2020 Primary Election (August 4, 2020) and General Election (November 3, 2020).
SUGGESTED MOTION: I move to authorize the Call of Election for the Town's 2020 Primary and General Elections.
Attachments Call of Election
Form Review Form Started By: Amy Brown Started On: 11/26/2019 11:40 AM Final Approval Date: 12/23/2019 CALL OF ELECTION
Notice is hereby given that the Town of Wickenburg will hold Elections as follows:
*Primary Election – August 4, 2020 General Election – November 3, 2020
PURPOSE OF THE WICKENBURG TOWN ELECTIONS ÿ Offices to be filled: Three (3) Council Seats (4-Year Terms) Mayor (4-Year Term)
Candidate Packets Distribution - Starting Tuesday, January 7, 2020 Information and candidate packets available at 155 North Tegner Street, Suite A
All interested candidate are encouraged to schedule an appointment with Amy Brown, Town Clerk, @ 928-668-1517
Candidate Packet Filing Deadline – April 6, 2020 at 5:00 p.m. Candidate packets should be filed with the Town Clerk, at 155 North Tegner Street, Suite A
Voter Registration Deadline for Primary Election: July 6, 2020 Voter Registration Deadline for General Election: October 5, 2020
*Any candidate receiving a majority of all votes cast at the Primary Election will be declared elected without running at the General Election.
Publication: February 12 and 19 DE PUEBL DE
Aviso se da por el presente que las elecciones municipales de el Pueblo de Wickenburg se celebrarán como sigue:
*La Elección Primaria: El 4 de Agosto, 2020 La Elección General: El 3 de Noviembre, 2020
OBJETIVO DE LAS ELECCIONES DE EL PUEBLO DE WICKENBURG Puestos a ser occupados: Tres (3) Asientos de Consejo (Términos de 4 años) Alcalde (Términos de 4 años)
Distribución de Paquetes de Candidatura - Comenzando el Martes, 7 de Enero, 2020 Información y paquetes de candidatura están disponible por 155 Calle de Tegner del norte, Suite A,
Todos los candidatos interesados son animados a programar una cita con Amy Brown, Secretaria Municipal, @ 928-668-1517
Fecha Límite para presentar Paquetes de Candidatura: El 6 de Abril, 2020 a las 5:00 p.m. Los paquetes de candidatura deben presentar con la Secretaria Municipal, por 155 Calle de Tegner del norte, Suite A
echa Límite para registrarse para El 6 de Julio, 2020 echa Límite para registrarse para El 5 de Octubre, 2020
*Cualquier candidato que reciba una mayoría de los votos emitidos en la Elección Primaria será declarado electo, sin que tenga que participar en la Elección General.