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HomeMy WebLinkAbout180605CMDPNOTICE OF SPECIAL SESSION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD WHEN: TUESDAY, June 5, 2018 TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD SPECIAL SESSION, WHICH BEGINS AT 5:25 PM; 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 5:25 PM Eagle Mountain Facilities District Board Special Session and prior to the June 5, 2018, 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 1, 2018. 2. PUBLIC HEARING regarding RESOLUTION CMD 2018-02, approving the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019. 3. CONSIDERATION of RESOLUTION CMD 2018-02, approving the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019. 4. ADJOURNMENT. DATED this 24th day of May, 2018. Bevelyn J. Bender, 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\2018\r180605\cmd\packet\180605cmda.docx Last printed 5/22/20181:29 PM NOTICE OF SPECIAL SESSION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD WHEN: TUESDAY, June 5, 2018 TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD SPECIAL SESSION, WHICH BEGINS AT 5:25 PM; 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 5:25 PM Eagle Mountain Facilities District Board Special Session and prior to the June 5, 2018, 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 1, 2018. 2. PUBLIC HEARING regarding RESOLUTION CMD 2018-02, approving the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019. 3. CONSIDERATION of RESOLUTION CMD 2018-02, approving the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019. 4. ADJOURNMENT. DATED this 24th day of May, 2018. Bevelyn J. Bender, 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\2018\r180605\cmd\packet\180605cmda.docx Last printed 5/22/20181:29 PM Meeting Date: 6/5/2018 Meeting Type: Special Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, District Clerk, 480-816-5115, bbender@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the Cottonwoods Maintenance District board meeting MINUTES from May 1, 2018. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): The intent of approving meeting minutes is to ensure an accurate account of the discussion and action taken at that meeting for archival purposes. Approved minutes are placed on the Town's web site in compliance with state law. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation (s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve List Attachment(s): None SUGGESTED MOTION (for Council use): Move to approve the May 1, 2018 meeting minutes Page 1 of 2 Prepared by: Bevelyn Bender, District Clerk 4/26/2018 Director's Approval: Z-2, -\t;ady iller, Dis Mana r �426 18 Approved: ra filler, is ric nager 4/26/2018 Page 2 of 2 Meeting Date: 6/5/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS Cottonwoods Maintenance District AGENDA ACTION FORM Meeting Type: Special Session Submitting Department: Administration Staff Contact Information: Craig Rudolphy, District Finance Director; 480-816-5162; crudolphy@fh.az.gov REQUEST TO DISTRICT BOARD (Agenda Language): 1. PUBLIC HEARING regarding RESOLUTION CMD 2018-02 approving the Tentative Budget of the District as the Final Budget of the District for the fiscal year beginning July 1, 2018, and ending June 30, 2019. 2. CONSIDERATION of RESOLUTION CMD 2018-02 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, 2018, and ending June 30, 2019. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The tentative budget for the Cottonwoods Maintenance District was approved by the Board on May 1, 2018; approval of this Resolution will adopt the tentative budget as the final budget of the Distrcit for the fiscal year beginning July 1, 2018, and ending June 30, 2019. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $6,642 Budget Reference (page number): pp 322-323 Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Y ® N ❑ Staff Recommendation(s): Approve List Attachment(s): Resolution CMD 2018-02 SUGGESTED MOTION (for District Board use): Move to approve Resolution CMD 2018-02. Page 1 of 2 Prepared by: NA Click here to enter a date. Director's Approv Craig Rudol hy, District Finarfbe Dire for 5/22/2018 Approved: Grady E. Miller, rict anager 5/22/2018 Page 2 of 2 RESOLUTION CMD 2018-02 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, 2018, AND ENDING JUNE 3 0, 2019. 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 1, 2018, the Board of Directors of the Cottonwoods Maintenance District (the "Board") approved Resolution CMD 2018-01, 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 2018-19 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 5, 2018, 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 9, 2018, and May 16, 2018, and (ii) first class mail to all persons owning real property in the District on May 2, 2018; and WHEREAS, on June 5, 2018, 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. PHOENIX 77018-14662580 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 2018-19. 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 5, 2018. Linda M. Kavanagh, District Chairperson ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Mitesh V. Patel, Interim District Counsel Dickinson Wright PLLC 2 PHOENIX 77018-1 4662580 EXHIBIT A TO RESOLUTION CMD 2018-02 [Final Budget] See following page. PHOENIX 77018-1 4662581 COTTONWOODS MAINTENANCE DISTRICT FINAL BUDGET FISCAL YEAR 2018-19 R PxrPn» Pe Tax Levy at $114.52 per Property Owner TOTAL Expenses Annual Landscape Maintenance Cost Annual Reserve for Exterior Wall Maintenance Reserve Fund Postage Advertising TOTAL PHOENIX 77018-1 4662580 For the Year Ended June 30, 2019 $6,642 $4,851 991 500 50 ?Sn