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Home My WebLink AboutAGENDApacket__06-06-23_0917_481 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, JUNE 6, 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/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 Cottonwood Maintenance District Regular Meeting of May 2, 2023. 4.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ADOPTION: Resolution CMD 2023-02, approving the Final Budget for the Cottonwoods Maintenance District for the fiscal year beginning July 1, 2023 and ending June 30, 2024. 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: 06/06/2023 Meeting Type: Cottonwoods Maintenance District Agenda Type: Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Cottonwood Maintenance District Regular Meeting of May 2, 2023. 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 May 2, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Cottonwood Maintenance District of May 2, 2023, as presented. Attachments Verbatim Transcript MINUTES OF THE REGULAR MEETING OF THE COTTONWOOD MAINTENANCE DISTRICT BOARD May 2, 2023 A Regular Meeting of the Cottonwood Maintenance District Board was convened at 16705 E. Avenue of the Fountains in open and public session at 5:25 p.m. Members Present: Board Chair Ginny Dickey: Board Vice Chair Peggy McMahon; Board Member Gerry Friedel; Board Member Sharron Grzybowski; Board Member Brenda J. Kalivianakis; Board Member Hannah Toth; Board Member Allen Skillicorn Staff Present: Interim District Manager Rachael Goodwin; District Attorney Aaron D. Arnson; District Clerk Linda Mendenhall Audience: Approximately sixty-nine members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 4 MAY 2, 2023 COTTONWOODS MAINTENANCE DISTRICT MEETING MINUTES Page 1 of 4 Post-Production File Town of Fountain Hills Cottonwoods Maintenance District Meeting Minutes May 2, 2023 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 Page 2 of 4 MAY 2, 2023 COTTONWOODS MAINTENANCE DISTRICT MEETING MINUTES Page 2 of 4 MAYOR DICKEY: Good evening, everyone. We're starting a little bit early because we have a couple of meetings before we get into our real meeting. So I'm going to call to order the regular meeting of the Cottonwood's Maintenance District. And could we have a roll call, please. MENDENHALL: Board Chair Dickey? MAYOR DICKEY: Here. MENDENHALL: Board Vice Chair McMahon? MCMAHON: Here. MENDENHALL: Board Member Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Board Member Friedel? FRIEDEL: Present. MENDENHALL: Board Member Kalivianakis? KALIVIANAKIS: Present. MENDENHALL: Board Member Toth? TOTH: Present. MENDENHALL: Board Member Skillicorn? SKILLICORN: Here. MAYOR DICKEY: Thanks, very much. So we do these once a year so I'm always rusty when we get back to it, but our first item is actually just approving the minutes from last year's meeting on June 21st, 2022. And Aaron and I always wonder; can everybody just vote on that? Is that okay? ARNSON: Yes. MAYOR DICKEY: Important stuff. Okay. Can I get a motion to approve the minutes? FRIEDEL: I'll move. KALIVIANAKIS: Second. MAYOR DICKEY: Okay. We need a roll call please. Sorry. MENDENHALL: Board Member Fridel? FRIEDEL: Aye. MENDENHALL: Board Member Kalivianakis? TOWN OF FOUNTAIN HILLS Page 3 of 4 MAY 2, 2023 COTTONWOODS MAINTENANCE DISTRICT MEETING MINUTES Page 3 of 4 KALIVIANAKIS: Aye. MENDENHALL: Board Member Skillicorn? SKILLICORN: Aye. MENDENHALL: Board Member Toth? TOTH: Aye. MENDENHALL: Board Member Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Board Vice Chair McMahon? MCMAHON: Aye. MENDENHALL: Board Chairman Dickey? MAYOR DICKEY: Aye. Thank you. MENDENHALL: It passes. MAYOR DICKEY: Okay. So next we will have David explain to us what our next steps are on this. Thank you. POCK: Good evening, Board. So, yes, this is our first of three meetings for the Cottonwoods Maintenance District 4 fiscal year '24 budgeting purposes. This is a Tentative Budget. Right now, we have 14,768 scheduled for fiscal year '24, you can see the breakdown there among the different line items. 5,000 of that is contingency, not used unless needed. Tonight's resolution will direct staff to send out a public notice and that will be mailed as well as published in the Fountain Hill's Times. Any questions? FRIEDEL: Mayor and Aaron, I think last year when this came up, I had asked for the town's staff to take a look at to see if we can get out of this. I don't know why were involved on the town level for doing landscaping and maintenance for an HOA -- what could be an HOA area in this town. So I'm not convinced that we're not spending an inordinate amount of time doing landscaping for this area when, I think, they could probably find that on their own. So I'm wondering if there's something we can do to take another look at this to see what the numbers add up to for us. POCK: Sure. I'm sure that the town manager and I would be happy to revisit that issue. I recall that we circulated an email on it last year, explaining some of the pros and cons. TOWN OF FOUNTAIN HILLS Page 4 of 4 MAY 2, 2023 COTTONWOODS MAINTENANCE DISTRICT MEETING MINUTES Page 4 of 4 To the extent that's something council wants us to revisit, happy to – happy to do it. FRIEDEL: Thank you. MAYOR DICKEY: Thanks very much. So let's see – let me find the actual -- so is there a motion there? Where is that? Sorry, I'm scrolling through all of the minutes there. Okay. It's on page 6 of this particular agenda. Can I get a motion please? FRIEDEL: Move to approve the minutes – oh that's the minutes. MAYOR DICKEY: I know. It's page – page 6 is the move to adopt resolution CMD 2023-01. FRIEDEL: Move to adopt resolution CMD 2023-01. KALIVIANAKIS: Second. MAYOR DICKEY: Thank you. Roll call please? MENDENHALL: Board Member Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Board Member Fridel? FRIEDEL: Aye. MENDENHALL: Board Member Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Board Member Skillicorn? SKILLICORN: Aye. MENDENHALL: Board Member Toth? TOTH: Aye. MENDENHALL: Board Vice Chair McMahon? MCMAHON: Aye. MENDENHALL: Board Chairman Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes. MAYOR DICKEY: Thank you. So we will adjourn that one. Having no further business, Board Chairman Ginny Dickey adjourned the Regular Meeting of the Cottonwood Maintenance District Board held on May 2, 2023, at 5:29 p.m. COTTONWOOD MAINTENANCE DISTRICT BOARD _______________________ Ginny Dickey, 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 Cottonwood Maintenance District Board in the Town Hall Council Chambers on the 2nd day of May 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th Day of June 2023. _____________________________ Linda G. Mendenhall, District Clerk ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/06/2023 Meeting Type: Cottonwoods Maintenance District Agenda Type: Submitting Department: Administration Prepared by: David Pock, Finance Director Request to Cottonwoods Maintenance District (Agenda Language): PUBLIC HEARING, CONSIDERATION AND POSSIBLE ADOPTION: Resolution CMD 2023-02, approving the Final Budget for the Cottonwoods Maintenance District for the fiscal year beginning July 1, 2023 and ending June 30, 2024. Staff Summary (Background) The Tentative Budget for the Cottonwoods Maintenance District was approved by the Board of Directors on May 2, 2023. Approval of this Resolution will adopt the Tentative Budget as the Final Budget of the District for the fiscal year beginning July 1, 2023 and ending June 30, 2024. Related Ordinance, Policy or Guiding Principle A.R.S. § 48-574 and § 48-575 Risk Analysis If the Resolution is not approved, 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 approval of Resolution CMD 2023-02. SUGGESTED MOTION MOVE to adopt Resolution CMD 2023-02. Attachments RESCMD 2023-02 RESOLUTION CMD 2023-02 A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT, MARICOPA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2023 AND ENDING JUNE 30, 2024 RECITALS: WHEREAS, the provisions of ARIZ. REV. STAT. §§ 48-574 and 48-575 allow for the assessment of maintenance charges upon the lots and parcels within an improvement district and for such assessments to be collected in the manner and by the officers provided by law for the collection and enforcement of general taxes; and WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-574(E) and 48-575(E), on May 2, 2023, the Board of Directors of the Cottonwoods Maintenance District (the “Board”) approved Resolution CMD 2023-01, which (i) adopted the statements and schedules attached as Exhibit A and incorporated herein by this reference as the tentative budget for the Cottonwoods Maintenance District, Maricopa County, Arizona, (the “District”) for the fiscal year 2023-24 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 all persons owning real property within the District and (b) published in a manner prescribed by law, a notice that the Board would meet on June 6, 2023, 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 (i) publication in the Fountain Hills Times on May 10, 2023, and May 17, 2023, and (ii) first class mail to all persons owning real property in the District on May 3, 2023; and WHEREAS, on June 6, 2023, the Board held a public hearing to allow taxpayers of the District to voice their comments in favor of or against any proposed expenditures and assessments; and WHEREAS, any person owning real property affected by the assessment who had any objection to the legality of the assessment or to any of the previous proceedings connected therewith was given the opportunity to appear before the Board at the hearing to present any further objections. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COTTONWOODS MAINTENANCE 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. RESOLUTION 2023-02 PAGE 2 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 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 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. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, June 6, 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 2023-02 [Final Budget] 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