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HomeMy WebLinkAbout160602CMDPz:\council packets\2016\r160602\cmd\160602cmda.docx Last printed 5/26/2016 9:48 AM NOTICE OF SPECIAL SESSION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, JUNE 2, 2016 TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE 6:25 PM EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD SPECIAL SESSION, AND PRIOR TO THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN COUNCIL WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwoods Maintenance District and to the general public that the District Board of the Cottonwoods Maintenance District will hold a special session open to the public, which will begin immediately after the adjournment of the 6:25 PM Eagle Mountain Facilities District Board Special Session and prior to the June 2, 2016 Fountain Hills Town Council meeting. Members of the Cottonwoods Maintenance District Board will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Board 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 of the District Board 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 District Clerk to such recording, 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 District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.” AGENDA  CALL TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh  CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The Directors will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the “Call to the Public”, individual Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 1. CONSIDERATION of approving the Cottonwoods Maintenance District Board MEETING MINUTES of May 5, 2016. 2. PUBLIC HEARING regarding RESOLUTION CMD 2016-02, approving the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1, 2016, and ending June 30, 2017. 3. CONSIDERATION of RESOLUTION CMD 2016-02, approving the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1, 2016, and ending June 30, 2017. 4. ADJOURNMENT. DATED this 26th day of May, 2016. Nancy Walter, Acting District Clerk The Cottonwoods Maintenance District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk ’s office and on the Town’s website [www.fh.az.gov]. z:\council packets\2016\r160602\cmd\160602cmda.docx Last printed 5/26/2016 9:48 AM NOTICE OF SPECIAL SESSION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, JUNE 2, 2016 TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE 6:25 PM EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD SPECIAL SESSION, AND PRIOR TO THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN COUNCIL WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwoods Maintenance District and to the general public that the District Board of the Cottonwoods Maintenance District will hold a special session open to the public, which will begin immediately after the adjournment of the 6:25 PM Eagle Mountain Facilities District Board Special Session and prior to the June 2, 2016 Fountain Hills Town Council meeting. Members of the Cottonwoods Maintenance District Board will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Board 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 of the District Board 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 District Clerk to such recording, 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 District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.” AGENDA  CALL TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh  CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The Directors will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the “Call to the Public”, individual Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 1. CONSIDERATION of approving the Cottonwoods Maintenance District Board MEETING MINUTES of May 5, 2016. 2. PUBLIC HEARING regarding RESOLUTION CMD 2016-02, approving the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1, 2016, and ending June 30, 2017. 3. CONSIDERATION of RESOLUTION CMD 2016-02, approving the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1, 2016, and ending June 30, 2017. 4. ADJOURNMENT. DATED this 26th day of May, 2016. Nancy Walter, Acting District Clerk The Cottonwoods Maintenance District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk ’s office and on the Town’s website [www.fh.az.gov]. 2674833.1 RESOLUTION CMD 2016-02 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, 2016 AND ENDING JUNE 30, 2017. 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 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 5, 2016, the Board of Directors of the Cottonwoods Maintenance District (the “Board”) approved Resolution CMD 2016-01, 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 2016-17 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 District Board would meet on June 2, 2016, 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 11, 2016, and May 18, 2016, and (ii) first class mail to all persons owning real property in the District on May 6, 2016; and WHEREAS, on June 2, 2016, 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. 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. 2674833.1 2 SECTION 3. The stateme nts and schedul es attached here to 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 Cottonwoods Maintenance District, Maricopa County, Arizona, for the fiscal year 2016-17. 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 a nd intent of thi s Resoluti on. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, June 2, 2016. Linda M. Kavanagh, District Chairperson ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 2674833.1 EXHIBIT A TO RESOLUTION CMD 2016-02 [Final Budget] See following page. 2674833.1 COTTONWOODS MAINTENANCE DISTRICT FINAL BUDGET FISCAL YEAR 2016-2017 For the Year Ended Revenues June 30, 2017 Tax Levy at $96.35 per Property Owner $5,588 TOTAL $5,588 Expenses Annual Landscape Maintenance Cost $4,015 Annual Reserve for Exterior Wall Maintenance 1,073 Reserve Fund 250 Postage 50 Advertising 200 TOTAL $5,588