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HomeMy WebLinkAboutAGENDApacket__06-04-24_1015_607       NOTICE OF MEETING REGULAR MEETING EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT   Board Chairman Ginny Dickey Board Vice Chairman Brenda J. Kalivianakis Board Member Peggy McMahon Board Member Hannah Toth Board Member Gerry Friedel Board Member Sharron Grzybowski Board Member Allen Skillicorn   TIME:REGULAR MEETING - TO CONVENE IMMEDIATELY FOLLOWING THE COTTONWOOD MAINTENANCE DISTRICT MEETING WHEN:TUESDAY, JUNE 4, 2024 WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Members of the Eagle Mountain Facilities District will attend either in person or by telephone conference call; a quorum of the Towns' various Commission, Committee, or Board members may be in attendance at this meeting.  Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights, may either file written consent with the Town Clerk to such recordings, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded to parents pursuant to A.R.S. §1-602.A.9 have been waived.   REQUEST TO COMMENT The Public is welcome to participate in meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item. If possible, include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Board. Verbal comments should be directed through the Presiding Officer and not to individual board members. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST an agenda item, and hand it to the Town Clerk prior to discussion, if possible.  TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fountainhillsaz.gov/public comment and SUBMIT a Public Comment Card by 3:00 p.m. on the day of the meeting. These comments will be shared with the Board.        1.CALL TO ORDER      2.ROLL CALL      3.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Eagle Mountain Community Facilities District Regular Meeting of May 7, 2024.   4.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Resolution EMCFD 2024-02, approving the Final Budget for the Eagle Mountain Community Facilities District for the fiscal year beginning July 1, 2024 and ending June 30, 2025.   5.ADJOURNMENT        CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Eagle Mountain Community Facilities District with the Town Clerk. Dated this ______ day of ____________________, 2024. _____________________________________________  Linda G. Mendenhall, MMC, District Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Board with this agenda are available for review in the Clerk's Office. ITEM 3. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/04/2024 Meeting Type: Eagle Mountain CFD Agenda Type:                   Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Eagle Mountain CFD (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Eagle Mountain Community Facilities District Regular Meeting of May 7, 2024. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Eagle Mountain Community Facilities District Regular Meeting of May 7, 2024. SUGGESTED MOTION MOVE to approve the minutes of the Eagle Mountain Community Facilities District Regular Meeting of May 7, 2024, as presented. Attachments Verbatim Transcript  MINUTES OF THE REGULAR MEETING OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MAY 7, 2024 A Regular Meeting of the Eagle Mountain Community Facilities District Board was convened at 16705 E. Avenue of the Fountains in open and public session at 5:25 p.m. Members Present: Board Chairman Ginny Dickey: Board Vice Chairman Brenda J. Kalivianakis; Board Member Gerry Friedel; Board Member Peggy McMahon; Board Member Sharron Grzybowski; Board Member Hannah Toth; Board Member Allen Skillicorn Staff Present: District Manager Rachael Goodwin; District Attorney Aaron D. Arnson; District Clerk Linda Mendenhall Audience: Approximately forty-six members of the public were present. TOWN OF FOUNTAIN HILLS MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES Page 1 of 7 Post-Production File Town of Fountain Hills Eagle Mountain Community Facilities District Meeting Minutes May 7, 2024 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES Page 2 of 7 CHAIR DICKEY: And we'll move on to the Eagle Mountain, which is our community facilities district. I guess we have to take a roll call. MENDENHALL: Yes, we do. Okay. Board Chairman Dickey? CHAIR DICKEY: Here. MENDENHALL: Board Vice Chairman Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Board Member McMahon? MCMAHON: Here. MENDENHALL: Board Member Friedel? FRIEDEL: Aye. MENDENHALL: Board Member Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Board Member Toth? TOTH: Present. MENDENHALL: Board Member Skillicorn? SKILLICORN: Here. CHAIR DICKEY: You can say aye, yes, I am here. MENDENHALL: I was like, I don't know what the word is. CHAIR DICKEY: Well, you could tell we only do this once a year. The first item is approval of the minutes. Could I please get a motion? KALIVIANAKIS: Motion to approve minutes. MCMAHON: Second. CHAIR DICKEY: Another roll call, please. MENDENHALL: Board Member Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Board Member McMahon? MCMAHON: Aye. MENDENHALL: Board Member Toth? TOTH: Aye. TOWN OF FOUNTAIN HILLS MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES Page 3 of 7 MENDENHALL: Board Member Friedel? FRIEDEL: Yes. MENDENHALL: Board Member Skillicorn? SKILLICORN: Yes. MENDENHALL: Board Vice Chair Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Board Chairman Dickey? CHAIR DICKEY: Aye. Thanks so much. Our next item is to look at their tentative budget, and then we have an action item after that. Paul? SOLDINGER: All right. Chairman and Board, another short presentation for your consideration. Eagle Mountain Community Facilities District has retired all of their debts, so there will be no tax levy. The $19,500 tentative budget for fiscal year '25 is essentially in place to spend down the entire fund balance for next year. And actually, the public works director will also present on a potential option for using those monies in the next item. The resolution would similarly adopt the budget and provide notice for publication to the residents. Any questions? CHAIR DICKEY: Anybody have any questions on this? So after this is closed out, what does that mean for next year? SOLDINGER: There's a certain period -- I'd have to get back to you on that, Mayor -- that you have to essentially wait until the fund balance is fully expended, and there's a certain period after that that you'd have to wait before closing down the district. So I could definitely get back to you on that with that answer. CHAIR DICKEY: Thank you very much. Oh, Aaron, sorry. ARNSON: Five years. So we're in the middle of that waiting -- yeah, we're in the middle of that waiting period. Yeah. CHAIR DICKEY: Thank you. So could I get a motion, please, to approve the budget? TOWN OF FOUNTAIN HILLS MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES Page 4 of 7 MCMAHON: So moved. GRZYBOWSKI: Second. CHAIR DICKEY: Roll call? MENDENHALL: Board Member McMahon? MCMAHON: Aye. MENDENHALL: Board Member Toth? TOTH: Aye. MENDENHALL: Board Member Friedel? FRIEDEL: Aye. MENDENHALL: Board Member Skillicorn? SKILLICORN: Yes. MENDENHALL: Board Member Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Board Vice Chair Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Board Chairman Dickey? CHAIR DICKEY: Aye. Thank you. And Justin, I think you're going to give us this next item? WELDY: Madam Chair, Vice Chair, Board Members, this one is a little more challenging. The town staff, under direction from the town manager, has ben working with the Eagle Mountain Homeowners Association and the general manager of the golf course adjacent to this neighborhood. They had requested that we use, or allow them to use, some of their unspent fund balance to put in an additional sidewalk for a short section of Eagle Mountain just north of Summer Hill on the west side of the road. There was a considerable amount of work on behalf of the town staff to prepare a plan and get it approved by the pedestrian and traffic safety committee for a recommendation to proceed. Shortly after that time frame, the public works director was in the intersection judging things and looking things over to determine what the next steps were, when I realized that I had made a very big mistake and missed a ramp on the east side of the TOWN OF FOUNTAIN HILLS MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES Page 5 of 7 road that was primarily intended for maintenance vehicles that had been painted as a crosswalk and created an unsafe walking area. Having said that, we went back and redesigned it and changed the location of the crossing and put in the equivalent -- or we are requesting to put in the equivalent of a mid-block crossing. So that's not quite at the intersection, just north in the intersection. The project, if approved, will include the elimination of that unsafe ramp and the construction of a mid-block crossing and ramps on either side and some additional sidewalk in that area. As part of that, we have met with the homeowners association and the golf course several times. We came back to the pedestrian and traffic safety committee with the revisions, got their unanimous approval. Went back and met with the HO and the golf course, and they have agreed to the plan. Tonight I'm asking the board of directors to authorize the use of those funds to offset some of the cost related to that project. A little caveat: at the next council meeting, that sidewalk and those improvements will be discussed in much greater detail, including the additional funding and possible funding opportunities to finish the project. With that said, if you have any questions related to the use of the funds or the location of the project or any questions related to the project, I'll do my best to answer them. CHAIR DICKEY: Thank you. Councilman? SKILLICORN: Thank you, Madam Mayor. Director, just out of curiosity, an area of the street you were talking about is actually owned by the HOA; is that the case? Or the town? WELDY: Madam Chair, Board Member, no. This is the town's. All of the improvements will be constructed within the town's right-of-way on Eagle Mountain. SKILLICORN: Okay. And do you have, like, an intersection, possibly? You said Summer Hill. WELDY: Summer Hill and Eagle Mountain. SKILLICORN: And Eagle Mountain? TOWN OF FOUNTAIN HILLS MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES Page 6 of 7 WELDY: The sidewalk would be in the northwest corner area, so between the exit driveway of the club house and Summer Hill Boulevard. SKILLICORN: And Madam Mayor, Director, where is this crosswalk going to? WELDY: The crosswalk will direct pedestrians and other users to cross just north of Summer Hill onto the sidewalk on Eagle Mountain that extends all the way up to Shea Boulevard and ties into their activity trails for the golf course and the southern portion of the Eagle Mountain community. CHAIR DICKEY: Did we have any speaker cards on this one, Linda? MENDENHALL: No, Mayor, we do not. CHAIR DICKEY: Thank you. Any other questions about it? And we'll find out more about our part of it at a future meeting. Could I get a motion, please? MCMAHON: Move to approve. FRIEDEL: Second. CHAIR DICKEY: Thank you. Roll call? MENDENHALL: Board Member Toth? TOTH: Aye. MENDENHALL: Board Member Friedel? FRIEDEL: Aye. MENDENHALL: Board Member Skillicorn? SKILLICORN: Yes. MENDENHALL: Board Member Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Board Member McMahon? MCMAHON: Aye. MENDENHALL: Board Vice Chair Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Board Chairman Dickey? CHAIR DICKEY: Aye. TOWN OF FOUNTAIN HILLS MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES Page 7 of 7 Thank you. Thanks very much. WELDY: You're welcome. CHAIR DICKEY: We are adjourned on those two meetings. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Eagle Mountain Community Facilities District held on May 7, 2024, at 5:33 p.m. TOWN OF FOUNTAIN HILLS _______________________ Ginny Dickey, Board Chairman ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, District Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Eagle Mountain Community Facilities District of Fountain Hills in the Town Hall Council Chambers on the 7th day of May 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th Day of June 2024. _____________________________ Linda G. Mendenhall, District Clerk ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/04/2024 Meeting Type: Eagle Mountain CFD Agenda Type:                   Submitting Department: Administration Prepared by: Paul Soldinger, Chief Financial Officer Request to Eagle Mountain CFD (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Resolution EMCFD 2024-02, approving the Final Budget for the Eagle Mountain Community Facilities District for the fiscal year beginning July 1, 2024 and ending June 30, 2025. Staff Summary (Background) The Tentative Budget for the Eagle Mountain Community Facilities District was approved by the Board of Directors on May 7, 2024. Approval of this Resolution will adopt the Final Budget of the District for the fiscal year beginning July 1, 2024 and ending June 30, 2025. Related Ordinance, Policy or Guiding Principle A.R.S. § 48-715 and § 48-716 Risk Analysis If the Resolution is not approved, the administrative costs for the Eagle Mountain Community Facilities District will not be budgeted for the fiscal year. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution EMCFD 2024-02. SUGGESTED MOTION MOVE to adopt Resolution EMCFD 2024-02. Attachments RESEMCFD2024-02  RESOLUTION EMCFD 2024-02 A RESOLUTION OF THE BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, MARICOPA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025 RECITALS: WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-715 and 48-716, on May 4, 2024, the Board of Directors of the Eagle Mountain Community Facilities District (the “Board”) approved Resolution EMCFD 2024-01, which (i) adopted statements and schedules attached as Exhibit A and incorporated herein by this reference as the tentative budget for the Eagle Mountain Community Facilities District, Maricopa County, Arizona, (the “District”) for the fiscal year 2024-25 and (ii) authorized and directed the District Clerk to cause to be (a) mailed to the governing body of the Town of Fountain Hills and (b) published in a manner prescribed by law, a notice that the Board would meet on June 4, 2024, for the purpose of conducting a final hearing for District taxpayers on the statements and estimates of the District expenditures filed with the District Clerk; and WHEREAS, proper notice was given by publication in the Fountain Hills Times on May 15, 2024, and May 22, 2024; and WHEREAS, in accordance with ARIZ. REV. STAT. § 48-716 and following published notice, a public hearing was conducted on June 4, 2024, at which hearing any taxpayer was permitted to appear and be heard regarding the 2024-25 annual budget for the District. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Board has heard all objections and has determined that (i) such objections do not provide a basis for a modification of the statements and schedules attached hereto as Exhibit A and (ii) any informalities or irregularities which may have occurred in the adoption process for the District budget have been properly remedied. SECTION 3. The statements and schedules attached hereto as Exhibit A and incorporated herein by this reference, are hereby approved for the purpose as hereinafter set forth as the final budget for the District for the fiscal year 2024-25. The statements and estimates of the operation and maintenance expenses of the District are hereby filed with the District Clerk. SECTION 4. The District Chairperson, the District Clerk, and the District Counsel are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. RESOLUTION EMCFD 2024-02 PAGE 2 2 PASSED AND ADOPTED by the Board of Directors of the Eagle Mountain Community Facilities District, Maricopa County, Arizona, June 4, 2024. Ginny Dickey, District Chairperson ATTEST: Linda Mendenhall, District Clerk APPROVED AS TO FORM: Aaron D. Arnson, Pierce Coleman PLLC District Counsel RESOLUTION EMCFD 2024-02 PAGE 3 EXHIBIT A TO RESOLUTION EMCFD 2024-02 [Final Budget]