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Home My WebLink AboutAGENDApacket__05-02-23_1219_476 NOTICE OF MEETING REGULAR MEETING COTTONWOODS MAINTENANCE DISTRICT Board Chairman Ginny Dickey Board Vice Chairman Peggy McMahon Board Member Sharron Grzybowski Board Member Hannah Toth Board Member Gerry Friedel Board Member Brenda J. Kalivianakis Board Member Allen Skillicorn TIME:5:25 P.M. – REGULAR MEETING WHEN:TUESDAY, MAY 2, 2023 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/publiccomment 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 Cottonwood Maintenance District Regular Meeting of June 21, 2022. 4.CONSIDERATION AND POSSIBLE ACTION: Resolution CMD 2023-01 by the Maintenance District Board approving the Tentative Budget for the fiscal year beginning July 1, 2023, and ending June 30, 2024, providing notification to property owners, and setting a hearing date for the budget and annual assessments. 5.ADJOURNMENT 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 ____________________, 2023. _____________________________________________ 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: 05/02/2023 Meeting Type: Cottonwoods Maintenance District Agenda Type: Submitting Department: Administration Prepared by: Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Cottonwood Maintenance District Regular Meeting of June 21, 2022. 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 Cottonwood Maintenance District of June 21, 2022. SUGGESTED MOTION MOVE to approve the minutes of the Cottonwood Maintenance District of June 21, 2022, as presented. Attachments Minutes MINUTES OF THE REGULAR MEETING OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD HELD JUNE 21, 2022 1. CALL TO ORDER Chairman Dickey called the meeting on June 21, 2022, to order at 5:27 p.m. 2. ROLL CALL Present: Chairman Ginny Dickey; Vice Chairman Gerry Friedel; Board Member Sharron Grzybowski; Board Member David Spelich Excused Board Member Alan Magazine; Board Member Peggy McMahon; Board Member Mike Absence: Scharnow Staff District Manager Grady E. Miller; District Attorney Aaron D. Arnson; District Clerk Linda Present: G. Mendenhall 3. CONSIDERATION AND POSSIBLE ACTION: Approval of minutes from the Regular Meeting of June 7, 2022, of the Cottonwoods Maintenance District Board. MOVED BY Board Member David Spelich, to approve the minutes of the Regular Meeting of June 7, 2022, of the Cottonwoods Maintenance District Board, SECONDED BY Board Member Sharron Grzybowski. 4. CONSIDERATION OF Resolution CMD 2022-03 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 the maintenance of certain pedestrian areas, parking, and parkways for the fiscal year beginning July 1, 2022, and ending June 30, 2023. David Pock, Chief Financial Officer, stated the final budget for the Cottonwoods Maintenance District was adopted at the June 7, 2022, meeting. Tonight he is requesting board action for approval of the tax levy that will go to the Assessor and Treasurer’s Office for the collection of the property taxes. The total levy is $8,669, for $149.46 over 58 parcels, and includes items for landscaping, wall maintenance reserves, and postage and advertising costs. Mr. Pock indicates this is the first year the ten percent administration fee was assessed. Grady Miller, District Manager mentions that Vice-Chairman Friedel asked previously regarding the district and the possible dissolution and made some good comments about cost recovery. Mr. Miller explains that he distributed a memo to the council last week on this topic. He suggests if the council is interested, staff can present options on partial and full cost recovery during next year’s budget process. Mr. Miller mentions the Town is limited on the amount it can collect, indicating that it cannot exceed 18% of the total value of the parcels the Town currently maintains. Vice Chairman Friedel said it was a lot of information and thanked them for providing it to the Board so they can make a good decision. Chairman Dickey inquired if there were any speaker cards on this item. District Clerk Mendenhall advised that there were no requests to speak. MOVED BY Board Member Sharron Grzybowski to adopt Resolution CMD 2022-03, SECONDED BY Vice Chair Gerry Friedel. 5. ADJOURNMENT The Regular Meeting of the Cottonwoods Maintenance District Board held on June 21, 2022, adjourned at 5:29 p.m. . COTTONWOODS MAINTENANCE DISTRICT BOARD ____________________________________________ Ginny Dickey, Chairman ATTEST: __________________________________ 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 Cottonwood Maintenance District Board in the Town Hall Council Chambers on the 21st day of June 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of May 2023. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/02/2023 Meeting Type: Cottonwoods Maintenance District Agenda Type: Submitting Department: Administration Prepared by: David Pock, Finance Director Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Resolution CMD 2023-01 by the Maintenance District Board approving the Tentative Budget for the fiscal year beginning July 1, 2023, and ending June 30, 2024, providing notification to property owners, and setting a hearing date for the budget and annual assessments. Staff Summary (Background) The Cottonwoods Maintenance District 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 governing Board for the Cottonwoods Maintenance District. The Maintenance District provides for the maintenance of the common area which includes landscaping and a wall. The annual cost is repaid through an annual property tax assessment of $168.42 per property owner, levied by the Town, and collected by Maricopa County. The estimated tax levy includes the annual contract cost for landscaping as well as establishing a reserve amount for future exterior wall maintenance and an additional reserve for unplanned maintenance. Related Ordinance, Policy or Guiding Principle A.R.S. § 48-1210 Risk Analysis If not approved, the District will not be in compliance with State Statute. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution CMD 2023-01. SUGGESTED MOTION MOVE to adopt Resolution CMD 2023-01. Attachments RESCMD 2023-01 Presentation Slide RESOLUTION CMD 2023-01 A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT, MARICOPA COUNTY, ARIZONA, APPROVING THE TENTATIVE BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024, AND SETTING A HEARING DATE FOR THE ANNUAL ASSESSMENTS AND BUDGET. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COTTONWOODS MAINTENANCE DISTRICT, as follows: SECTION 1. The statements and schedules attached as Exhibit A and incorporated herein by this reference are hereby approved for the purpose as hereinafter set forth as the tentative budget for the Cottonwoods Maintenance District, Maricopa County, Arizona (the “District”) for the fiscal year 2023-24. The statements and estimates of the operation and maintenance expenses of the District, the costs of capital improvements and other expenditures for public infrastructure of the District (collectively, the “District Expenditures”) are hereby filed with the District Clerk. SECTION 2. The District Clerk is hereby authorized and directed to cause to be (i) mailed to the governing body of the Town of Fountain Hills and all persons owning real property within the District and (ii) published in the manner prescribed by law, a notice in substantially the form attached hereto as Exhibit A, that the District Board will meet for the purpose of conducting a hearing for District taxpayers on the statements and estimates of District Expenditures filed with the District Clerk, including the annual assessments and on the adoption of the 2023-24 Annual Budget for the District; said hearing to be conducted on June 6, 2023, at 5:25 p.m. in the District offices (the Council Chambers at Fountain Hills Town Hall), 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268. At the conclusion of the hearing, the District Board shall pass upon any objections and shall adopt the Final Budget for the District; final approval of the Tax Levy for the District shall follow on June 20, 2023, at the same time and place. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District on May 2, 2023. Ginny Dickey, District Chairperson ATTEST: Linda Mendenhall, District Clerk APPROVED AS TO FORM: Aaron D. Arnson, Pierce Coleman PLLC District Counsel EXHIBIT A TO RESOLUTION CMD 2023-01 [Notice/Tentative Budget] See following page. NOTICE COTTONWOODS PROPERTY OWNERS The taxpayers of the Cottonwoods Maintenance District (the “District”) are hereby notified that the Board of Directors will hold a public meeting on June 6, 2023, at 5:25 p.m. at the District offices located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona (the Council Chambers at Fountain Hills Town Hall), when and where any taxpayers of the District will be heard in favor of, or against, any of the proposed expenditures for the District, after which the foregoing estimates as modified or as now existing, will be assessed by the Board of Directors as the basis for the fiscal year 2023-2024 budget. Taxpayers may file written objections at any time prior to the hearing, and the Board of Directors shall hear and pass upon any objections at the hearing. Copies of the tentative fiscal year 2023-2024 District budget may be viewed prior to the June 6, 2023, meeting at the District Clerk’s office, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, the Town of Fountain Hills website, www.fountainhillsaz.gov, and the Fountain Hills branch of the Maricopa County Library, 12901 N. La Montana Drive, Fountain Hills, Arizona 85268. For the Fiscal Year Ended Revenues June 30, 2024 Tax Levy at $168.42 per property owner 9,768$ TOTAL 9,768$ Expenses Annual Landscape Maintenance Cost 7,300$ Annual Reserve for Exterior Wall Maintenance 1,280 Reserve Fund - Postage 50 Advertising 250 Administrative Fee (10%)888 Contingency (from Reserve if needed)5,000 TOTAL 14,768$ PROPOSED BUDGET FISCAL YEAR 2023-2024 COTTONWOODS MAINTENANCE DISTRICT WWW.FOUNTAINHILLSAZ.GOV/BUDGET Cottonwoods Maintenance District •5/2/2023 Tentative Budget Adoption •$14,768 for FY24 •$7,300 for landscaping contract •$1,280 for annual reserve (exterior wall maintenance) •$1,188 for admin costs (postage, advertising, admin fee) •$5,000 for contingency •Public Notice for mailing and publication