REQUEST FOR MAIL BALLOT ELECTION 05-03-2015.PDF
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Lori Medaris COBX From: Wendy Wonderley <wendy.wonderley@gmail.com > Sent: Sunday, May 03, 2015 2:59 PM To: Lori Medaris - COBX Cc: David Grese; Martin Jones; Sunview Estates Subject: Request for Mail Ballot Only Election Attachments: May 2 2015 Draft Meeting Minutes SVEILIWDD.pdf Hi Lori - By means of this email, the Sun View Estates II Irrigation Water Delivery District No. 54 requests the Maricopa County Board of Supervisor's approval to hold this fall's election for the Board of Trustees as a mail ballot only election pursuant to ARS 16-558. We voted to do this in our meeting last night and I have attached the draft meeting minutes to this email. The relevant motion is on the lower half of page 5. Please let me know if you need anything else from me regarding this request. Thank you so much for helping us out with this (and many other issues). Wendy Wonderley, Secretary Sun View Estates II Irrigation Water Delivery District No. 54 602-319-7511 vIew ec -r,-(1-res5 II RRIGATION WATER DELIVERY DISTRICT c CALL OF ELECTION OF BOARD OF TRUSTEES OF Sun View Estates ll Irrigation and Water Delivery District No. 54 NOTICE IS HEREBY GIVEN to the Maricopa County Board of Supervisors and qualified electors of the above District that an election to fill three vacancies on the Board of Trustees created by the expiration of terms of Trustees will be held on the 18 1h day of November, 2015. This election will be conducted as a mail ballot election pursuant to A.R.S. 16-225 and 16-558. In order to vote in this election, a qualified elector must own real property located within the District's taxable boundaries at least 90 days prior to the election. Persons desiring to become candidates for positions may obtain nomination petitions and nominating papers from: N. 12th Avenue, Phoenix, AZ 85013 In order for a person's name to appear on the ballot, nomination petitions and nomination papers must be received at the address below no earlier than July 21, 2015 and no later than October 9, 2015. N. 12th Avenue, Phoenix, AZ 85013 Ballots will be sent out to all qualified electors no earlier than October 19, 2015 and no later than November 3, 2015, pursuant to A.R.S. 16-558.01. PLEASE NOTE THAT THIS WILL BE A MAIL BALLOT ELECTION. The election is being held by Sun View Estates ll Irrigation and Water Delivery District No. 54. SUN VIEW ESTATES II IRRIGATION WATER DELIVERY DISTRICT NO. 54 By: Wendy Wonderley Secretary of the Board of Trustees H ' MOP e., (,) T.- IC ,.) II IRRIGATION WATER DELIVERY DISTRICT NOTICE OF ELECTION OF BOARD OF TRUSTEES OF Sun View Estates ll Irrigation and Water Delivery District No. 54 NOTICE IS HEREBY GIVEN to the Maricopa County Board of Supervisors and qualified electors of the above District that an election to fill three vacancies on the Board of Trustees created by the expiration of terms of Trustees will be held on the 18 1h day of November, 2015. This election is for the term of January 1, 2016 to December 31, 2017. This election will be conducted as a mail ballot election pursuant to A.R.S. 16-225 and 16-558. In order to vote in this election, a qualified elector must own real property located within the District's taxable boundaries at least 90 days prior to the election and each one-fifth of an acre of land is entitled to one vote. The District is the organization responsible for maintaining the neighborhood flood irrigation system. The District sets a tax assessment rate for this purpose and the tax is collected from all property owners as part of their property tax bill, proportional to the amount of land they own. The District's Board of Trustees is comprised of three members, who serve two-year terms. District Board of Trustees members must be property owners within the District. A Call of Election was mailed to all District landowners on , 2015 which requested nominations. The nominated candidates and their qualifications are: Candidate #1 — Statement of qualifications. Candidate #2 — Statement of qualifications. Candidate #3 — Statement of qualifications. Candidate #4 — Statement of qualifications. Additional candidates may be written-in on the ballot as long as they own property within the District. Ballots will be sent out to all qualified electors no earlier than October 19, 2015 and no later than November 3, 2015, pursuant to A.R.S. 16-558.01. PLEASE NOTE THAT THIS IS A MAIL BALLOT ELECTION and no polling place will be provided. Ballots must be returned on or before 7:00 pm on November 18, 2015 at Page 1 of 2 N. 12th Avenue, Phoenix, AZ 85013 If a ballot is destroyed, lost, spoiled, or not received, an additional ballot may be obtained at: N. 12th Avenue, Phoenix, AZ 85013 The election is being held by Sun View Estates II Irrigation and Water Delivery District No. 54. SUN VIEW ESTATES II IRRIGATION WATER DELIVERY DISTRICT NO. 54 By: Wendy Wonderley Secretary of the Board of Trustees Page 2 of 2 IRRIGATION WATER DELIVERY DISTRICT t 4 Sun View Estates II Irrigation Water Delivery District No. 54 May 2, 2015 Meeting - 1251 W. Rancho Drive Sign In Sheet Na p , Email Address q,- . t,e,2 -2-ce 4 otdijimh-f (1 . • 4. . vi 8. , 1 • z,-t- ' t-L)c---g------Q-j , I,-"ek--(.- . 10. 4-' k ‘i. K-braWY; 11. 1 / 44 , 14/ 13. 14. 15. 16. 17. 18. 19, 20. view fca e 11 GATION WATER DELIVERY DISTRICT! Sun View Estates II Irrigation Water Delivery District No. 54 Meeting Minutes May 2, 2015 Starting at 6:45 pm 1251 W. Rancho Drive, Phoenix, AZ 85013 Meeting notices including the meeting time, place, and agenda were posted one week in advance at three locations within the District and on the District website (https://sites.cloogle.com/site/sunview2iwdd/) . Newsletters with the meeting information were distributed to all properties in the District. Call to Order The Sun View Estates II Irrigation Water Delivery District No 54 (District) meeting was called to order by David Grese at 645 pm with a quorum established by all three of the members of the board of trustees present (David Grese, Martin Jones, and Wendy Wonderley). The meeting sign- in sheet and agenda were circulated and are attached David welcomed everyone and gave background on the formation of the District. Financial Update Wendy noted that the District has a current balance of $21,134.27. Expenditures on irrigation system repairs have totaled $8,748.07 in 2015 and $12,453.93 in the current fiscal year (July 1, 2014 — June 30, 2015). Approval of Last Meeting's Minutes Wendy noted that the draft minutes from the October 11, 2014 meeting had been posted on the website since the Monday following the meeting. The meeting minutes were summarized by Wendy, No changes were recommended. Wendy motioned to accept the meeting minutes, David seconded the motion and it carried unanimously. Irrigation System Update Martin relayed that there had recently been repairs on Rancho that crossed the street. Holly Brauer noted that the repairs had cut their Cox cable and they had been without Cox cable or internet for a week. Martin said that the contractor would have contacted Blue Stake to locate underground utilities. Garvey Biggers inquired as to how contractors were selected. Martin said we used to use Economy Irrigation but they started performing poorly and so we switched to Premier Irrigation, who is more professional. Steve Woolston asked if bids we could get bids for larger jobs. Martin said yes, but what would we define as large and there is often a time-element involved when repairs need to be performed in between irrigation cycles. David said that we would 1 likely get quotes on large jobs such as entire line replacements. Wendy noted that Diane Dick of Sun View Estates I Irrigation Water Delivery District also uses Premier Irrigation and occasionally gets quotes from other contractors but so far Premier has always had the best quote. Board Elections Wendy provided some background that the District was only required to elect a secretary, which was done and is her, but it appears to be prudent to elect a Water Superintendent. The District's Water Superintendent has the authority to arrest people stealing water. Wendy motioned that the District elect Martin Jones as Water Superintendent and David Grese as President. David seconded the motion and it passed unanimously. Discuss Self Irrigator issues Wendy and David provided the background as to why the District had chosen to grandfather in the existing self irrigators and allow no new ones. Basically it is to reduce wear and tear on the irrigation system, in particular the valves which will keep repair costs down and keep everyone's tax bill as low as possible as well as operating the system efficiently and keeping water out of the streets. The eventual goal is to get to one irrigation run instead of the current two runs. The letter that the District sent out to the self irrigators was handed out Martin said that the majority of the self irrigators do a good job but some of them choose to call him instead of figuring out on their own (as they are supposed to do) where to send the water next when they are done with their irrigation. Irrigation water can come several hours early or late (and at any time of the day or night) and the self irrigators need to be prepared for those contingencies.. David suggested having a meeting with the self irrigators: Wendy suggested sending them another letter. Garvey wanted to know what the policy was regarding self irrigators. Wendy responded that the District would send a certified letter to them after each instance of not operating the system well After three such letters, the District would hold an open meeting to vote on rescinding their right to self irrigate. It was noted that this process would take multiple irrigation runs (and months) to accomplish. The merits of revising this policy were briefly discussed and it was decided to schedule another District board meeting to discuss and vote on revising the policy, possibly reducing the number of letters needing to be sent to one or two It was noted that the self irrigators who were having trouble operating the system could hire New Generation Services to operate the system for them and still receive irrigation water. David and .Martin agreed to try to talk to as many of the self irrigators as was possible about the issues. Garvey asked if the District could levy a fine. Wendy responded that the District could levy fines but had not yet chosen to implement such a program. Martin noted that several times the standbox on the NoeIke's property had overflowed into the NoeIke's shed because of poor self irrigator coordination. There was a discussion as to whether the District should raise the NoeIke's standbox but no decisions were made. Discussion of Tax Rate for the Next Tax Year The Tax Assessment Rate for the current tax year is $377.24 per acre, which is about $132.50 per average lot. The tax rate assessment for the coming tax year (starting on August 1) needs to be submitted to Maricopa County by July 1st. The tax assessment rate will be reviewed and potentially adjusted every year. Wendy explained the rate components. 2 Irrigation System Repairs This component was set at $90 per average lot and was based on the average of the irrigation system repair costs from 2005 to 2011. The most expensive year was 2007, in which the irrigation system repair costs were about $12,000. Administrative Costs Administrative costs will include the $100 per board member bond ($300 total), Xeroxing, mailing, and any other miscellaneous costs including the cost of administering the election this fall. The administrative costs rate component is $5 per average lot. Reserve The reserve is setting aside money with the intent of building .up a reserve to cover unanticipated expenses in the future. This rate component is $10 per average lot. While a target reserve amount for the District was not identified, it was noted that it would be appropriate and prudent to have a considerable 'reserve considering the age of the District's irrigation infrastructure. System Rehabilitation Costs Pro-active rehabilitation costs would cover the costs of replacing irrigation system components before they are actually failing. This could include, for example, replacing sections of the concrete pipe with PVC pipe. This rate component is $10 per average lot. Debt Service If the expenses exceed the funds at any point in time the District will have to borrow money. It is hoped that this will not have to happen, but a line item for it will be included in the budget. No rate component for debt service is included in this year's assessment. 15% for Delinquency The County will increase the District's proposed assessment by 15 percent to cover tax delinquencies. This is a statutory requirement. In summary: Summary of Tax Assessment Component $/Average Lot Repairs 90.00 Adminstrative 5.00 Reserve 10.00 System Rehabilitation 10.00 Debt Service 0.00 Total 115.00 Plus 15% for Delinquencies 17.25 Total Tax Assess. $ 132.25 It is noted that $132.25 per average lot equates to $377.24 per acre. 3 Set Tax Assessment Rate it was discussed that, as the tax assessment rate has not changed since the District started collecting it in August of 2012, and there is still some reserve in the account, and the District can borrow against the Property Owners Association with no interest, it was proposed to keep the tax assessment rate the same as it had been the previous year and there was general agreement to proceed with that proposal. A motion was made by Wendy to keep the tax assessment rate the same as for the previous tax years ($377.24 per acre), it was seconded by Martin and passed unanimously. Sun View Estates ll Irrigation Water Delivery District Elections Wendy relayed that 2015 is the year to hold elections for the 2016-2018 terms. She has received the official election schedule from Lori Medaris, who Is the person in the Maricopa County Board of Supervisors Office of the Clerk assigned to help the Special Districts. The District is required to hold an election for the three Board of Trustees positions every two years and that the second election will be this fall. The District must conduct the election using the election procedures in the Arizona Revised Statutes. A handout was provided with the overview of the election process. The basic process for a "Mail Ballot Only Election" is detailed in the Arizona Revised Statutes and is as follows, although the dates are approximate: • August 20, 2016 Last day to mail Call of Election The Call of Election must contain: 1. The purpose of the election. 2. The date of holding the election. 3. The last date and place for filing nomination petitions, if applicable, 4. The last date to register to vote in the election. 5. The name of the election district conducting the election. 6. The proposed boundaries of the election district, if for establishment or annexation. 7. If the election is a special district mail ballot election, the date the mail ballots will be mailed to qualified electors of the district. This mailing will also include thenominating petition. • October 9, 2016 Last day to accept write-in nomination papers from candidate • Mid to Late October 2015— Mail Notice of Election and Ballots. The Notice of Election, for a mail ballot election, must contain: 1. The date of the election. 2. The date ballots will be mailed. 3. The deadline and location for return of the ballots. 4. The method for obtaining a replacement if a ballot is destroyed, lost, spoiled or not received. 5. A statement that no polling place will be provided. 6. The name of the district that is conducting the election. 7. The qualifications of electors. 4 November 13, 2015 — Board of Trustees submits an affidavit certifying compliance with federal and state elections laws, which must be done no later than 5 days prior to the election. • November 18, 2015— Election day, polls open from 9:00 am to 4:00 pm. At the close of the polls, the Board of Election counts the votes and prepares certificates. • November 23, 2015 — Board of Trustees meets to canvass returns and declare results. Secretary makes out certificates of election and delivers to each person elected • January 1, 2016— Beginning of two-year term for newly elected Board of Trustees Wendy made a motion that the District approve "Calling the Election" and the general election process including all costs associated with producing the required documents and envelopes and mailings. David seconded the motion and it passed unanimously. Wendy presented the following election forms for approval, with relevant names and addresses to be filled in as available: Call of Election, Nominating Form, and the Notice of Election, Wendy made a motion that the District approve the form of the Call of Election, Nominating Form, and the Notice of Election. David seconded the motion and it passed unanimously. There was a discussion about the merits of providing notices and ballots using the newspaper versus by direct mailing. : The mail ballot only method was used in the 2013 election and worked well Because fewer people read the newspaper and the desire is for everyone to be as informed as possible, it was decided to use the option of direct mailings whenever it possible. Wendy made a motion that the District would use the option of a mail ballot only election as described in ARS 16-558. David seconded the motion and it passed unanimously. Wendy indicated that the District would need approval from the Maricopa County Board of Supervisors to conduct the entire election using the "mail ballot election option", as described in ARS 16-558 and this approval would need to be requested by June 9, 2015. Wendy made a motion that the District request the Maricopa County Board of Supervisors approve the Sun View Estates II irrigation and Water Delivery District No. 54 to conduct the election this fall, using the mail ballot election option as described in the Arizona Revised Statutes 16-558. David seconded the motion and it passed unanimously. Wendy indicated she would forward these meeting minutes to Lori for submittal to the Maricopa County Board of Supervisors for the purpose of receiving approval to conduct mail ballot elections. Wendy relayed that the District will request the current landowner list, with mailing addresses, from the County Assessor's office and use that as the list of registered voters. Each landowner shall be entitled to cast one vote for each one-fifth acre of land owned. 5 Wendy also said that a volunteer Board of Election would need to be formed to oversee the election and tally the results the evening of the election day (November 18, 2015). Steve Woolston, Garvey Biggers, and Wanda Bain volunteered to be on the Board of Election. Wendy made a motion that the District appoint the Board of Election for the November 18, 2015 election as follows: Garvey Biggers, Inspector; Wanda Bain, Clerk; and Steve Woolston, Judge and that the District use 5815 N. 12 th Avenue, Phoenix, AZ as the polling place. David seconded the motion and it passed unanimously. Call to the Public Garvey wanted to know how to find out when his property would get irrigation. Martin responded that he could check SRP's website or look at the irrigation board in the Sun View Estates I neighborhood, although his listed run time would be approxithate. Garvey brought a supply of several brochures from SRP on urban irrigation. Public comments were welcomed throughout the meeting. Next Steps • The next meeting will likely be in several months and will have an agenda item to discuss and possibly revise the self irrigator policy. A letter will be sent to the self irrigators informing them of the issues and this meeting. • A future meeting will be on September 26, in conjunction with the Sun View Estates I Irrigation Water Delivery District. • Wendy stated that she would post the draft meeting minutes on the website. Wendy made a motion to adjourn the meeting,. which was seconded by Martin, and carried unanimously The meeting was adjourned. These meeting. minutes were approved On , 2015. Respectfully submitted by, Wendy Wonderley David Grese Secretary and Member of the Board of Trustees Member of the Board of Trustees Sun View Estates II Irrigation Water Delivery District No. 54 6 Sun View Estates II POA & IWDD MEETING AGENDAS May 2, 2015, 5:30 p.m. 1251 W. Rancho Drive 7. Discussion of Tax Rate for Next Tax Year, Proposed Rate is the same as the past two years ($377.24 per acre): Property Owners Association $132.25 per average lot and is broken down 1. Call to order as follows: 2. Approval of last meeting's a) $90 for repairs minutes b) $5 for administration 3. Appoint Replacement Treasurer c) $10 for reserve and Vice President d) $10 for proactive rehabilitation 4. Financial Update e) $0 for debt service 5. Discussion of Neighborhood f) Plus mandatory 15% for delinquencies Issues 8. Set Proposed Tax Rate 6. Upcoming election for Board 9. SVEll IWDD Elections a) Election Process Overview A b) Vote on 1. Mail Ballot Only Election — Approve and Request Maricopa County Approval Irrigation Water Delivery District #54 2. Approve Call of Election Form & Mailing 1. Call to order 3. Approve Notice of Election 2. Approval of last meeting's Form & Mailing minutes 4. Approve Nominating Petition 3. Financial Update Form 4. Irrigation System Update 5. Accept Nominations for Board 5, Board Elections, Nominated: of Election (Inspector, Clerk, & a) President —David Grese b) Water Superintendent — Judge) 6. Approve Board of Election Martin Jones 6. Discuss Self Irrigator Issues 10.Call to the public 11.Next steps Get this agenda and other useful information at: httpS:ThiteS.google.com/site/sunview2iwdd/ VIE%) eA'T'ilTe, tü IGATION WA1 ER DELIVER Y Dri KRA Sun View Estates II Irrigation and Water Delivery District No. 54 Dear Self Irrigators, As your elected Board of Trustees for the Sun View Estates II Irrigation and Water Delivery District (District), we are responsible for operating and maintaining the irrigation system. We appreciate the majority of the time when the irrigation runs go smoothly and need to ensure that it continues that way. We have been made aware of several issues regarding the latest water run for self-irrigators in early November that contributed to a difficult irrigation run and water in the street. This is contrary to our goal of minimizing wear and tear on the irrigation infrastructure and keeping water out of the street, which could have resulted in SRP terminating the run early. As a reminder, the District voted this past summer to "grandfather" in the existing self irrigators but not to allow any new self irrigators. You are receiving this letter because your property is a grandfathered self irrigator, The District also detailed the responsibilities of the self irrigators and the criteria for losing the right to self- irrigate, although a property within the District will always have the right to receive irrigation using the professional irrigator, The Responsibilities of the Self Irrigator (Property owner) are as follows: 1. A self-irrigator is responsible for opening and closing their valves on their correct run time. 2. A self-irrigator is responsible for communicating with previous and subsequent irrigators, 3. A self-irrigator is responsible for their irrigation water and not allowing the water to run into the street. 4. It is the obligation of the self-irrigator to responsibly get water to their property, i.e. manage the ditch time (and any necessary valves and gates). 5. It is the responsibility of the self-irrigator to communicate any line/valve or any infrastructure problems to the District Board within 48 hours of the problem or prior to the professional irrigator's run. Criteria for Losing the Self- Irrigator Right In order to terminate the right of a property to self irrigate, the property owner (self-irrigator) will receive 3 letters. The first certified letter will describe the problem and the need to correct the problem, immediately. The second certified letter will describe the problem and state that this is their 2nd warning and advise the self-irrigator that if the problem is not corrected they could lose their right to self-irrigate. The third certified letter will be to notify them that their right to self irrigate will be confirmed or denied at the next board meeting. The final decision will be made in the board meeting if they are allowed to retain their self-irrigator rights. Sending a letter is in the discretion of any board member. A board member may send out a letter but must copy the other board members. So please make sure that you have the phone numbers of the properties scheduled to irrigate before and after yours. Also please be aware that the schedule is subject to change and so be able to accommodate that, Please be sure that you are thoroughly informed regarding how to operate the system, i.e. which valves and gates need to be opened and closed prior to and subsequent to your irrigation run. Please let your neighbor know when you are ready to shut down so they can open their valve before you close yours, Do not send water their way until you know that their valve is open and they are ready. A valve must be open on the system at all times when water is running! If you are unwilling or unable to responsibly self irrigate, please contact the professional irrigator, Dan Vidaurreta of New Generations at 602-430-8589. His email is danielgv@cox.net . All of this is to assist in reducing our repair costs and continue to preserve our irrigation lines for many more years of use keeping our neighborhoods green and beautiful. Thanks for your support and cooperation as we move forward! Sincerely, Martin Jones David Grese Wendy Wonderley (602) 696-4618 Board of Trustees, Sun View Estates II IWDD No. 54 https://sites „google.com/site/sunview2iwdd/home RRIGATION WATER DELIVERY DISTRIC1 Tax Assessment Rate - $377.24/acre ($132.25 zi---- per Average Lot) Administrative Costs $5 per average lot Includes bonding fees, mailings, etc. 1L11:11 'd ,WON To be set aside for future Unexpected repairs System Rehabilitation Costs $10 per average lot Mandatory 15% for Delinquencies $17.25 per average lot Mari copa County requires an additional 15% be added to compensate for unpaid property taxes Repair Costs Debt Service Costs $90 per average lot $0 per average lot For irrigation system repairs Amounts shown are on a per-average-lot basis. Actu al tax assessments will be on the lot size ($377.24/acre). Larger lots will pay more and smaller lots will pay less. This assessmentwill appear as a line item on the property tax bills starting on August 1, 2014. This chart and other useful information may be found at: https://sites.goggle.cornisiteisunview2iwcicli Sun View Estates II 1WDD No. 54 Revenues and Expenses Summary Fiscal Year Revenues Expenses Rev - Exp Balance FY 2012/2013 $11,467.92 $0.00 $11,467.92 $11,467.92 FY 2013/2014 $11,867.76 ($770.37) $11,097.39 $22,565.31 FY 2014/2015* $11,022.89 ($12,453.93) ($3,683.14) $18,882.17 * As of April 2015 Highest year expenses to-date was $13,437.15 in 2008. General IWDD Election Overview Call for Election - (no later than 120 days prior to election) Request Mail Ballot Election - Publish or mail Call for Election - (no later than 90 days prior to election) (approved prior to publishing Call of Election) SEP OCT Nt DEC JAN Appoint Board of Election - (prior to posting Notice of Election) Post & publish or mail Notice of Election - (10 days prior to election day) Submit Affidavit of Compliance - (5 days prior to election day) Election Day - (3rd Wednesday in November) - 1 Board canvasses election results - (6-20 days following election) -J January 1 - New 2-year terms start 1 1" Mtg. in Jan. - Board of Supervisors approves certified copy of canvass —