HomeMy WebLinkAboutAGENDApacket__06-21-22_1049_361
NOTICE OF REGULAR MEETING
COTTONWOODS MAINTENANCE DISTRICT
Board Chairman Ginny Dickey
Board Vice Chairman Gerry Friedel
Board Member Sharron Grzybowski
Board Member Alan Magazine
Board Member Peggy McMahon
Board Member Mike Scharnow
Board Member David Spelich
TIME:5:25 P.M. – REGULAR MEETING
WHEN:TUESDAY, JUNE 21, 2022
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Board members of the Town of Fountain Hills 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 Council 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 Town Council 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 Board 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
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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.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.
MEETING AGENDA
1.CALL TO ORDER
2.ROLL CALL
3.CONSIDERATION AND POSSIBLE ACTION: Approval of minutes from the Regular Meeting of
June 7, 2022, of the Cottonwoods Maintenance District Board.
4.CONSIDERATION OF Resolution CMD 2022-03 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, 2022 and ending June 30, 2023.
6.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 Town Council with the Town Clerk.
Dated this______day of ______________,2022.
______________________________________
Linda G. Mendenhall, MMC, Town 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 Council with this agenda are available for
review in the Clerk's Office.
ITEM 3.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/21/2022 Meeting Type: Cottonwoods Maintenance District
Agenda Type: Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Staff Contact Information:
Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of minutes from the Regular Meeting of June 7, 2022, 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 approval of the minutes of the Regular Meeting of June 7, 2022, of the Cottonwoods
Maintenance District Board.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of June 7, 2022, of the Cottonwoods Maintenance
District Board.
Attachments
CMD2022.0607.Minutes
MINUTES OF THE REGULAR MEETING OF THE
COTTONWOODS MAINTENANCE DISTRICT BOARD
HELD JUNE 7, 2022
1.CALL TO ORDER
Chairman Dickey called the meeting of June 7, 2022, to order at 5:29 p.m.
2.ROLL CALL
Present: Chairman Ginny Dickey; Vice Chairman Gerry Friedel; Board Member Sharron Grzybowski; Board
Member Alan Magazine; Board Member Peggy McMahon; Board Member Mike Scharnow; Board
Member David Spelich
Staff
Present:
District Manager Grady E. Miller; District Attorney Aaron D. Arnson; District Clerk (outgoing)
Elizabeth A. Klein; District Clerk (incoming) Linda G. Mendenhall
3.CONSIDERATION AND POSSIBLE ACTION: Approval of minutes from the Regular Meeting of May 3, 2022, of
the Cottonwoods Maintenance District Board.
MOVED BY Board Member David Spelich, SECONDED BY Vice Chairman Gerry Friedel to approve the
minutes of the Regular Meeting of May 3, 2022, of the Cottonwoods Maintenance District Board.
4.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ADOPTION: Resolution CMD 2022-02, approving the
Final Budget for the Cottonwoods Maintenance District for the fiscal year beginning July 1, 2022, and ending
June 30, 2023.
Chairman Dickey opened the Public Hearing. Finance Director David Pock said that there were no changes
from the tentative budget adopted on May 3, 2022.
He said that the tax levy will be adopted at the June 21, 2022, Board Meeting and staff will send the file to the
Assessor's office for $149.46 per parcel within the district.
Vice Chairman Friedel said that he had previously asked for a report on the ability to dissolve the district and
have their HOA perform these duties. Mr. Miller said that the report is underway. He has received information
from the Town Attorney and Town Clerk on the reasoning behind the district, and they should be getting the
report out next week.
MOVED BY Vice Chairman Gerry Friedel, SECONDED BY Board Member Mike Scharnow to adopt Resolution
CMD 2022-02.
5.ADJOURNMENT
The Regular Meeting of the Cottonwoods Maintenance District Board held June 7, 2022, adjourned at 5:30 p.m.
COTTONWOODS MAINTENANCE DISTRICT BOARD
____________________________________________
Ginny Dickey, Chairman
ATTEST:
____________________________________________
Elizabeth A. Klein, District Clerk
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/21/2022 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 2022-03 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, 2022 and ending
June 30, 2023.
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 FY22-23 is $149.46 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 2022-03.
SUGGESTED MOTION
MOVE to adopt Resolution CMD 2022-03
Attachments
CMDRES 2022-03
RESOLUTION CMD 2022-03
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, 2022, AND ENDING JUNE 30, 2023
RECITALS:
WHEREAS, in accordance with ARIZ. REV. STAT. §§ 48-574 and 48-575, and following published
notice, public hearings were conducted on May 3, 2022, and June 7, 2022, at which hearings any
taxpayer was permitted to appear and be heard regarding the 2022-23 annual budget for the
Cottonwoods Maintenance District, Maricopa County, Arizona (the “District”);
WHEREAS, on June 7, 2022 the District Board adopted Resolution CMD 2022-02, 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 2022-23 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 $8,668.68 for the purpose of providing maintenance
for certain pedestrian areas, parking and parkways for the fiscal year beginning July 1, 2022 and
ending June 30, 2023.
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 2022-03 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 21ST day of June, 2022.
Ginny Dickey, District Chairperson
ATTEST:
Elizabeth A. Klein, District Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Pierce Coleman PLLC
District Counsel
RESOLUTION CMD 2022-03 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 2022-03 was duly passed by
the Chairperson and District Board of the Cottonwoods Maintenance District, at a regular meeting
held on June 21, 2022, 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 2022-03 PAGE 4
EXHIBIT A
TO
RESOLUTION CMD 2022-03
[Lot/Tax Parcel List; Levy Amount]
See following page.
RESOLUTION CMD 2022-03 PAGE 5
Lot No.Tax Parcel No.
Amount
to be
Levied*Lot No.Tax Parcel No.
Amount
to be
Levied*
1 176-03-923 149.46$ 42 176-03-964 149.46$
2 176-03-924 149.46$ 43 176-03-965 149.46$
3 176-03-925 149.46$ 44 176-03-966 149.46$
4 176-03-926 149.46$ 45 176-03-967 149.46$
5 176-03-927 149.46$ 46 176-03-968 149.46$
6 176-03-928 149.46$ 47 176-03-969 149.46$
7 176-03-929 149.46$ 48 176-03-970 149.46$
8 176-03-930 149.46$ 49 176-03-971 149.46$
9 176-03-931 149.46$ 50 176-03-972 149.46$
10 176-03-932 149.46$ 51 176-03-973 149.46$
11 176-03-933 149.46$ 52 176-03-974 149.46$
12 176-03-934 149.46$ 53 176-03-975 149.46$
13 176-03-935 149.46$ 54 176-03-976 149.46$
14 176-03-936 149.46$ 55 176-03-977 149.46$
15 176-03-937 149.46$ 56 176-03-978 149.46$
16 176-03-938 149.46$ 57 176-03-979 149.46$
17 176-03-939 149.46$ 58 176-03-980 149.46$
18 176-03-940 149.46$
19 176-03-941 149.46$
20 176-03-942 149.46$
21 176-03-943 149.46$
22 176-03-944 149.46$
23 176-03-945 149.46$
24 176-03-946 149.46$
25 176-03-947 149.46$
26 176-03-948 149.46$
27 176-03-949 149.46$
28 176-03-950 149.46$
29 176-03-951 149.46$
30 176-03-952 149.46$
31 176-03-953 149.46$
32 176-03-954 149.46$
33 176-03-955 149.46$
34 176-03-956 149.46$
35 176-03-957 149.46$
36 176-03-958 149.46$
37 176-03-959 149.46$
38 176-03-960 149.46$
39 176-03-961 149.46$
40 176-03-962 149.46$
41 176-03-963 149.46$
* such sum may be paid in two installments, along with such parcel's other taxes