HomeMy WebLinkAboutAGENDApacket__06-18-24_1253_623
NOTICE OF MEETING
REGULAR MEETING
COTTONWOODS MAINTENANCE 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:5:25 P.M. - REGULAR MEETING
WHEN:TUESDAY, JUNE 18, 2024
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Members of the Cottonwood Maintenance 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: Resolution CMD 2024-03 assessing upon the
individual lots and parcels within the District a certain sum sufficient to raise the amount
estimated to be required in the annual budget, to provide for maintenance of certain
pedestrian areas, parking, and parkways for the fiscal year beginning July 1, 2024 and
ending June 30, 2025.
4.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 Cottonwood Maintenance 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 Council with this agenda are available
for review in the Clerk's Office.
On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating.
ITEM 3.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/18/2024 Meeting Type: Cottonwoods Maintenance District
Agenda Type: Submitting Department: Administration
Prepared by: Paul Soldinger, Chief Financial Officer
Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Resolution CMD 2024-03 assessing upon the individual lots and parcels within
the District a certain sum sufficient to raise the amount estimated to be required in the annual budget, to
provide for maintenance of certain pedestrian areas, parking, and parkways for the fiscal year
beginning July 1, 2024 and ending June 30, 2025.
Staff Summary (Background)
The Cottonwoods Maintenance District (CMD) was formed by the Town Council in June 1999 for the
purpose of maintaining or improving the common areas of the Cottonwoods subdivision. The Town
Council serves as the Board of Directors for the District. The District provides for the maintenance of
the common area, which is performed by the Town of Fountain Hills. The annual cost is repaid through
an annual property tax assessment that is levied on each property located within the District and
collected by the Maricopa County Treasurer. The assessment for FY24-25 is $180.37 per property. The
assessment includes the annual contract cost for landscaping, a reserve for future exterior wall
maintenance, an additional reserve for unplanned maintenance, and a fee for administering the District.
Related Ordinance, Policy or Guiding Principle
A.R.S. § 48-574 and § 48-575
Risk Analysis
If the Resolution is not adopted, the maintenance costs for the Cottonwoods Maintenance District will
not be recovered for the fiscal year.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends Board adoption of Resolution CMD 2024-03.
SUGGESTED MOTION
MOVE to adopt Resolution CMD 2024-03
Attachments
RESCMD2024-03
RESOLUTION CMD 2024-03 A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT, MARICOPA COUNTY, ARIZONA, ASSESSING UPON THE INDIVIDUAL LOTS AND PARCELS WITHIN THE DISTRICT A CERTAIN SUM SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR THE FISCAL YEAR BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025 RECITALS: WHEREAS, in accordance with ARIZ. REV. STAT. §§ 48-574 and 48-575, and following published notice, public hearings were conducted on May 7, 2024, and June 4, 2024, at which hearings any taxpayer was permitted to appear and be heard regarding the 2024-25 annual budget for the Cottonwoods Maintenance District, Maricopa County, Arizona (the “District”); WHEREAS, on June 4, 2024 the District Board adopted Resolution CMD 2024-02, approving the
District’s annual budget; and WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-574 and 48-575, the District Board desires to levy
such amounts as necessary for the District’s 2024-25 annual budget. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DISTRICT, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. There is hereby levied on each lot and tax parcel within the limits of the District the amount listed on Exhibit A, which is incorporated herein by this reference, and which amount is sufficient to raise the aggregate amount of $10,461.46 for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year beginning July 1, 2024 and
ending June 30, 2025. SECTION 3. Failure by the officials of Maricopa County, Arizona, to properly return the
delinquent list, any irregularity in the assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax or foreclosure deed; failure or neglect of any officer or officers to timely perform any of the duties
assigned to him or to them, shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment and levy of taxes or of the judgment or sale by which the collection of the same may be enforced or in any manner affect the lien of the District upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for collecting of taxes or the foreclosure, and all acts of officers de facto shall be valid as if performed by officers de jure.
SECTION 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed.
RESOLUTION CMD 2024-03 PAGE 2
SECTION 5. The District Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Maricopa County Board of Supervisors and to the Maricopa County
Assessor. SECTION 6. If any provision of this Resolution is for any reason held by any court of competent
jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct, and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 7. 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. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, this 18th day of June, 2024. Ginny Dickey, District Chairperson
ATTEST:
Linda Mendenhall, District Clerk APPROVED AS TO FORM: Aaron D. Arnson, Pierce Coleman PLLC District Counsel
RESOLUTION CMD 2024-03 PAGE 3
CERTIFICATION
I, Linda Mendenhall, the duly appointed Clerk of the Cottonwoods Maintenance District, do hereby certify that the above and foregoing Resolution No. CMD 2024-03 was duly passed by the Chairperson and District Board of the Cottonwoods Maintenance District, at a regular meeting
held on June 18, 2024, and the roll call of the vote thereon was Ayes and Nays and that the Chairperson and board members were present thereat.
___________________________
Linda Mendenhall, District Clerk Cottonwoods Maintenance District
RESOLUTION CMD 2024-03 PAGE 4
EXHIBIT A TO
RESOLUTION CMD 2024-03 [Lot/Tax Parcel List; Levy Amount]
See following page.
RESOLUTION CMD 2024-03 PAGE 5
Lot No. Tax Parcel No.
Amount
to be
Levied*Lot No. Tax Parcel No.
Amount
to be
Levied*
1 176-03-923 180.37$ 42 176-03-964 180.37$
2 176-03-924 180.37$ 43 176-03-965 180.37$
3 176-03-925 180.37$ 44 176-03-966 180.37$
4 176-03-926 180.37$ 45 176-03-967 180.37$
5 176-03-927 180.37$ 46 176-03-968 180.37$
6 176-03-928 180.37$ 47 176-03-969 180.37$
7 176-03-929 180.37$ 48 176-03-970 180.37$
8 176-03-930 180.37$ 49 176-03-971 180.37$
9 176-03-931 180.37$ 50 176-03-972 180.37$
10 176-03-932 180.37$ 51 176-03-973 180.37$
11 176-03-933 180.37$ 52 176-03-974 180.37$
12 176-03-934 180.37$ 53 176-03-975 180.37$
13 176-03-935 180.37$ 54 176-03-976 180.37$
14 176-03-936 180.37$ 55 176-03-977 180.37$
15 176-03-937 180.37$ 56 176-03-978 180.37$
16 176-03-938 180.37$ 57 176-03-979 180.37$
17 176-03-939 180.37$ 58 176-03-980 180.37$
18 176-03-940 180.37$
19 176-03-941 180.37$
20 176-03-942 180.37$
21 176-03-943 180.37$
22 176-03-944 180.37$
23 176-03-945 180.37$
24 176-03-946 180.37$
25 176-03-947 180.37$
26 176-03-948 180.37$
27 176-03-949 180.37$
28 176-03-950 180.37$
29 176-03-951 180.37$
30 176-03-952 180.37$
31 176-03-953 180.37$
32 176-03-954 180.37$
33 176-03-955 180.37$
34 176-03-956 180.37$
35 176-03-957 180.37$
36 176-03-958 180.37$
37 176-03-959 180.37$
38 176-03-960 180.37$
39 176-03-961 180.37$
40 176-03-962 180.37$
41 176-03-963 180.37$