HomeMy WebLinkAboutAGENDApacket__06-20-23_0207_483
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 20, 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 OF Resolution CMD 2023-03 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, 2023 and ending June 30, 2024.
4.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: 06/20/2023 Meeting Type: Cottonwoods Maintenance District
Agenda Type: Submitting Department: Administration
Prepared by: David Pock, Finance Director
Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION OF
Resolution CMD 2023-03 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,
2023 and ending June 30, 2024.
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 FY23-24 is $168.42 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 Council adoption of Resolution CMD 2023-03.
SUGGESTED MOTION
MOVE to adopt Resolution CMD 2023-03
Attachments
RESCMD 2023-03
RESOLUTION CMD 2023-03
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, 2023, AND ENDING JUNE 30, 2024
RECITALS:
WHEREAS, in accordance with ARIZ. REV. STAT. §§ 48-574 and 48-575, and following published
notice, public hearings were conducted on May 2, 2023, and June 6, 2023, at which hearings any
taxpayer was permitted to appear and be heard regarding the 2023-24 annual budget for the
Cottonwoods Maintenance District, Maricopa County, Arizona (the “District”);
WHEREAS, on June 6, 2023 the District Board adopted Resolution CMD 2023-02, 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 2023-24 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 $9,768.36 for the purpose of providing maintenance
for certain pedestrian areas, parking and parkways for the fiscal year beginning July 1, 2023 and
ending June 30, 2024.
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 2023-03 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 20th day of June, 2023.
Ginny Dickey, District Chairperson
ATTEST:
Linda Mendenhall, District Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Pierce Coleman PLLC
District Counsel
RESOLUTION CMD 2023-03 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 2023-03 was duly passed by
the Chairperson and District Board of the Cottonwoods Maintenance District, at a regular meeting
held on June 20, 2023, 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 2023-03 PAGE 4
EXHIBIT A
TO
RESOLUTION CMD 2023-03
[Lot/Tax Parcel List; Levy Amount]
See following page.
RESOLUTION CMD 2023-03 PAGE 5
Lot No.Tax Parcel No.
Amount
to be
Levied*Lot No.Tax Parcel No.
Amount
to be
Levied*
1 176-03-923 168.42$ 42 176-03-964 168.42$
2 176-03-924 168.42$ 43 176-03-965 168.42$
3 176-03-925 168.42$ 44 176-03-966 168.42$
4 176-03-926 168.42$ 45 176-03-967 168.42$
5 176-03-927 168.42$ 46 176-03-968 168.42$
6 176-03-928 168.42$ 47 176-03-969 168.42$
7 176-03-929 168.42$ 48 176-03-970 168.42$
8 176-03-930 168.42$ 49 176-03-971 168.42$
9 176-03-931 168.42$ 50 176-03-972 168.42$
10 176-03-932 168.42$ 51 176-03-973 168.42$
11 176-03-933 168.42$ 52 176-03-974 168.42$
12 176-03-934 168.42$ 53 176-03-975 168.42$
13 176-03-935 168.42$ 54 176-03-976 168.42$
14 176-03-936 168.42$ 55 176-03-977 168.42$
15 176-03-937 168.42$ 56 176-03-978 168.42$
16 176-03-938 168.42$ 57 176-03-979 168.42$
17 176-03-939 168.42$ 58 176-03-980 168.42$
18 176-03-940 168.42$
19 176-03-941 168.42$
20 176-03-942 168.42$
21 176-03-943 168.42$
22 176-03-944 168.42$
23 176-03-945 168.42$
24 176-03-946 168.42$
25 176-03-947 168.42$
26 176-03-948 168.42$
27 176-03-949 168.42$
28 176-03-950 168.42$
29 176-03-951 168.42$
30 176-03-952 168.42$
31 176-03-953 168.42$
32 176-03-954 168.42$
33 176-03-955 168.42$
34 176-03-956 168.42$
35 176-03-957 168.42$
36 176-03-958 168.42$
37 176-03-959 168.42$
38 176-03-960 168.42$
39 176-03-961 168.42$
40 176-03-962 168.42$
41 176-03-963 168.42$
* such sum may be paid in two installments, along with such parcel's other taxes