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Home My WebLink AboutAGENDApacket__06-15-21_1130_235 NOTICE OF MEETING REGULAR MEETING COTTONWOODS MAINTENANCE DISTRICT Board Chairman Ginny Dickey Board Vice Chairman David Spelich Board Member Gerry Friedel Board Member Sharron Grzybowski Board Member Alan Magazine Board Member Peggy McMahon Board Member Mike Scharnow TIME:5:25 P.M. – REGULAR MEETING - WHEN:TUESDAY, JUNE 15, 2021 WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Members of the Cottonwoods Maintenance District will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the 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 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 Town will assume that the rights afforded 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 and 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.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Board. REGULAR MEETING REGULAR MEETING 1.CALL TO ORDER 2.ROLL CALL 3.CONSIDERATION OF approving the minutes of the June 1, 2021, meeting of the Cottonwoods Maintenance District Board. 4.CONSIDERATION OF Resolution CMD 2021-03 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, 2021, and ending June 30, 2022. 5.ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Cottonwoods Maintenance District with the Town Clerk. Dated this ______ day of ____________________, 2021. _____________________________________________ Elizabeth A. Klein, MMC, District Clerk ITEM 3. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/15/2021 Meeting Type: Cottonwoods Maintenance District Agenda Type: Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION OF approving the minutes of the June 1, 2021, meeting of the Cottonwoods Maintenance District Board. 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 meeting of June 1, 2021. SUGGESTED MOTION MOVE to approve the minutes of the meeting of June 1, 2021. Attachments Minutes MINUTES OF THE REGULAR MEETING OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD HELD JUNE 1, 2021 1.CALL TO ORDER Chairman Dickey called the meeting of the Cottonwood Maintenance District Board held June 1, 2021, at 5:28 p.m. 2.ROLL CALL Present: Chairman Ginny Dickey; Vice Chairman David Spelich; Board Member Peggy McMahon; Board Member Gerry Friedel; Board Member Mike Scharnow; Board Member Alan Magazine; Board Member Sharron Grzybowski Staff Present: District Manager Grady E. Miller; District Attorney Aaron D. Arnson; District Clerk Elizabeth A. Klein 3.CONSIDERATION OF approving the minutes of the May 4, 2021, meeting of the Cottonwoods Maintenance District Board. MOVED BY Board Member Gerry Friedel, SECONDED BY Board Member Alan Magazine to approve the minutes of the May 4, 2021, Cottonwoods Maintenance District Board meeting. Vote: 7 - 0 - Unanimously 4.PUBLIC HEARING regarding Resolution CMD 2021-02, approving the Final Budget for the Cottonwoods Maintenance District for the fiscal year beginning July 1, 2021, and ending June 30, 2022. CONSIDERATION of Resolution CMD 2021-02 of the District Board of Directors of the Cottonwoods Maintenance District, approving the Final Budget for the Cottonwoods Maintenance District for the fiscal year beginning July 1, 2021, and ending June 30, 2022. Chairman Dickey opened the Public Hearing. Mr. Pock said that for the past ten years the district has been collecting reserves in order to paint the wall that surrounds their development, and this year is the year it will be painted, along with the usual landscaping contract. Board member Friedel asked why the Town is still involved with this ten years later. Mr. Miller gave some history, stating that the Town was given that option several years ago and chose not to. He said that this is a pass through. The Town levies the assessment and expends it on the district. He said that if the Board desired the Town could approach them again, but generally, they are satisfied. Board member Friedel asked how much staff time is spent on this. Mr. Miller said that staff will reach out to them, but they are not organized; they have no HOA or Board. He said that staff will report back to the Board on what their response is. Chairman Dickey closed the Public Hearing. MOVED BY Board Member Alan Magazine, SECONDED BY Board Member Gerry Friedel to adopt Resolution CMD2021-02. Vote: 7 - 0 - Unanimously Vote: 7 - 0 - Unanimously 5.CONSIDERATION OF approval of Professional Services Agreement 2021-051 with Elco Enterprises, Inc. for the painting of the Cottonwoods District perimeter wall. Mr. Weldy said that a part of the maintenance this year will be painting the wall. Staff reached out to three qualified vendors, each of which walked and measured the property. Three bids were received: A & H Painting at $18,400; Elco Enterprises at $11,500; and Gcon at $42,600. Based on the facts that they all had the same information staff is requesting that the project be awarded to Elco Enterprises. He said that they have done numerous enterprises for the Town and is a local business owner. Board member Scharnow said that this district goes back to the days of Nordin, and he agreed it was looking into. MOVED BY Board Member Mike Scharnow, SECONDED BY Board Member Peggy McMahon to approve Professional Services Agreement 2021-051 with Elco Enterprises, Inc. for the painting of the Cottonwoods District perimeter wall in the amount of $11,500.00. Vote: 7 - 0 - Unanimously 6.CONSIDERATION OF approval of Amendment No.1 to Professional Services Agreement 2020-079 with Verde Valley Landscaping. Mr. Weldy said that in conjunction with the above project, the vegetation and landscape material will be removed and pulled back. Staff contacted Verde Valley as they are local and working nearby. The gave a reasonable price to remove the vegetation on the wall and put the granite back up against the wall. MOVED BY Board Member Gerry Friedel, SECONDED BY Board Member Sharron Grzybowski to approve Amendment No.1 to Professional Services Agreement 2020-079 with Verde Valley Landscaping in the amount of $3,960.00. Vote: 7 - 0 - Unanimously 7.ADJOURNMENT The Regular Meeting of the Cottonwoods Maintenance District Board of Directors held June 1, 2021, adjourned at 5:35 p.m. COTTONWOODS MAINTENANCE DISTRICT: ____________________________________________ Ginny Dickey, Chairman ATTEST: ____________________________________________ Elizabeth A. Klein, District Clerk CMD Board Regular Meeting of June 1, 2021 2 of 2 ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/15/2021 Meeting Type: Cottonwoods Maintenance District Agenda Type: Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION OF Resolution CMD 2021-03 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, 2021, and ending June 30, 2022. 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 FY21-22 is $110.01 per property. The assessment includes the annual contract cost for landscaping, a reserve for future exterior wall maintenance, and an additional reserve for unplanned maintenance. 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 2021-03. SUGGESTED MOTION MOVE to adopt Resolution CMD 2021-03 Attachments RESCMD 2021.03 RESOLUTION CMD 2021-03 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, 2021, AND ENDING JUNE 30, 2022 RECITALS: WHEREAS, in accordance with ARIZ. REV. STAT. §§ 48-574 and 48-575, and following published notice, public hearings were conducted on May 4, 2021, and June 1, 2021, at which hearings any taxpayer was permitted to appear and be heard regarding the 2021-22 annual budget for the Cottonwoods Maintenance District, Maricopa County, Arizona (the “District”); WHEREAS, on June 1, 2021 the District Board adopted Resolution CMD 2021-02, 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 2021-22 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 $6,381 for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year beginning July 1, 2021 and ending June 30, 2022. 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 2021-03 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 15th day of June, 2021. Ginny Dickey, District Chairperson ATTEST: Elizabeth A. Klein, District Clerk APPROVED AS TO FORM: Aaron D. Arnson, Pierce Coleman PLLC District Counsel RESOLUTION CMD 2021-03 PAGE 3 CERTIFICATION I, Elizabeth A. Burke, the duly appointed Clerk of the Cottonwoods Maintenance District, do hereby certify that the above and foregoing Resolution No. CMD 2021-03 was duly passed by the Chairperson and District Board of the Cottonwoods Maintenance District, at a regular meeting held on June 15, 2021, and the roll call of the vote thereon was Ayes and Nays and that the Chairperson and board members were present thereat. ___________________________ Elizabeth A. Klein, District Clerk Cottonwoods Maintenance District RESOLUTION CMD 2021-03 PAGE 4 EXHIBIT A TO RESOLUTION CMD 2021-03 [Lot/Tax Parcel List; Levy Amount] See following page. RESOLUTION CMD 2021-03 PAGE 5 Lot No.Tax Parcel No. Amount to be Levied*Lot No.Tax Parcel No. Amount to be Levied* 1 176-03-923 110.01$ 42 176-03-964 110.01$ 2 176-03-924 110.01$ 43 176-03-965 110.01$ 3 176-03-925 110.01$ 44 176-03-966 110.01$ 4 176-03-926 110.01$ 45 176-03-967 110.01$ 5 176-03-927 110.01$ 46 176-03-968 110.01$ 6 176-03-928 110.01$ 47 176-03-969 110.01$ 7 176-03-929 110.01$ 48 176-03-970 110.01$ 8 176-03-930 110.01$ 49 176-03-971 110.01$ 9 176-03-931 110.01$ 50 176-03-972 110.01$ 10 176-03-932 110.01$ 51 176-03-973 110.01$ 11 176-03-933 110.01$ 52 176-03-974 110.01$ 12 176-03-934 110.01$ 53 176-03-975 110.01$ 13 176-03-935 110.01$ 54 176-03-976 110.01$ 14 176-03-936 110.01$ 55 176-03-977 110.01$ 15 176-03-937 110.01$ 56 176-03-978 110.01$ 16 176-03-938 110.01$ 57 176-03-979 110.01$ 17 176-03-939 110.01$ 58 176-03-980 110.01$ 18 176-03-940 110.01$ 19 176-03-941 110.01$ 20 176-03-942 110.01$ 21 176-03-943 110.01$ 22 176-03-944 110.01$ 23 176-03-945 110.01$ 24 176-03-946 110.01$ 25 176-03-947 110.01$ 26 176-03-948 110.01$ 27 176-03-949 110.01$ 28 176-03-950 110.01$ 29 176-03-951 110.01$ 30 176-03-952 110.01$ 31 176-03-953 110.01$ 32 176-03-954 110.01$ 33 176-03-955 110.01$ 34 176-03-956 110.01$ 35 176-03-957 110.01$ 36 176-03-958 110.01$ 37 176-03-959 110.01$ 38 176-03-960 110.01$ 39 176-03-961 110.01$ 40 176-03-962 110.01$ 41 176-03-963 110.01$ * such sum may be paid in two installments, along with such parcel's other taxes