HomeMy WebLinkAboutAGENDApacket__06-04-24_1015_607
NOTICE OF MEETING
REGULAR MEETING
EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT
Board Chairman Ginny Dickey
Board Vice Chairman Brenda J. Kalivianakis
Board Member Peggy McMahon
Board Member Hannah Toth
Board Member Gerry Friedel
Board Member Sharron Grzybowski
Board Member Allen Skillicorn
TIME:REGULAR MEETING - TO CONVENE IMMEDIATELY FOLLOWING THE COTTONWOOD
MAINTENANCE DISTRICT MEETING
WHEN:TUESDAY, JUNE 4, 2024
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Members of the Eagle Mountain Facilities District will attend either in person or by telephone conference
call; a quorum of the Towns' various Commission, Committee, or Board members may be in attendance
at this 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 recordings, 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 to 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 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.fountainhillsaz.gov/public comment and SUBMIT a Public Comment Card by 3:00
p.m. on the day of the meeting. These comments will be shared with the Board.
1.CALL TO ORDER
2.ROLL CALL
3.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Eagle
Mountain Community Facilities District Regular Meeting of May 7, 2024.
4.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Resolution EMCFD
2024-02, approving the Final Budget for the Eagle Mountain Community Facilities District for
the fiscal year beginning July 1, 2024 and ending June 30, 2025.
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 Eagle Mountain Community Facilities District with the Town Clerk.
Dated this ______ day of ____________________, 2024.
_____________________________________________
Linda G. Mendenhall, MMC, District 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 Board with this agenda are available for
review in the Clerk's Office.
ITEM 3.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Eagle Mountain CFD
Agenda Type: Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Eagle Mountain CFD (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of the minutes for the Eagle Mountain Community Facilities District Regular Meeting
of May 7, 2024.
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 Eagle Mountain Community Facilities District Regular
Meeting of May 7, 2024.
SUGGESTED MOTION
MOVE to approve the minutes of the Eagle Mountain Community Facilities District Regular Meeting of
May 7, 2024, as presented.
Attachments
Verbatim Transcript
MINUTES OF THE REGULAR MEETING OF THE
EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MAY 7, 2024
A Regular Meeting of the Eagle Mountain Community Facilities District Board was convened at 16705 E. Avenue of the Fountains in open and public session at 5:25 p.m.
Members Present: Board Chairman Ginny Dickey: Board Vice Chairman Brenda J. Kalivianakis; Board Member Gerry Friedel; Board Member Peggy McMahon; Board Member Sharron Grzybowski; Board Member Hannah Toth; Board Member Allen Skillicorn
Staff Present: District Manager Rachael Goodwin; District Attorney Aaron D. Arnson; District Clerk Linda Mendenhall Audience: Approximately forty-six members of the public were present.
TOWN OF FOUNTAIN HILLS
MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 1 of 7
Post-Production File
Town of Fountain Hills
Eagle Mountain Community Facilities District Meeting Minutes
May 7, 2024
Transcription Provided By:
eScribers, LLC
* * * * *
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record of the proceedings.
* * * * *
TOWN OF FOUNTAIN HILLS
MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 2 of 7
CHAIR DICKEY: And we'll move on to the Eagle Mountain, which is our community
facilities district. I guess we have to take a roll call.
MENDENHALL: Yes, we do. Okay. Board Chairman Dickey?
CHAIR DICKEY: Here.
MENDENHALL: Board Vice Chairman Kalivianakis?
KALIVIANAKIS: Here.
MENDENHALL: Board Member McMahon?
MCMAHON: Here.
MENDENHALL: Board Member Friedel?
FRIEDEL: Aye.
MENDENHALL: Board Member Grzybowski?
GRZYBOWSKI: Present.
MENDENHALL: Board Member Toth?
TOTH: Present.
MENDENHALL: Board Member Skillicorn?
SKILLICORN: Here.
CHAIR DICKEY: You can say aye, yes, I am here.
MENDENHALL: I was like, I don't know what the word is.
CHAIR DICKEY: Well, you could tell we only do this once a year. The first item is
approval of the minutes. Could I please get a motion?
KALIVIANAKIS: Motion to approve minutes.
MCMAHON: Second.
CHAIR DICKEY: Another roll call, please.
MENDENHALL: Board Member Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Board Member McMahon?
MCMAHON: Aye.
MENDENHALL: Board Member Toth?
TOTH: Aye.
TOWN OF FOUNTAIN HILLS
MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 3 of 7
MENDENHALL: Board Member Friedel?
FRIEDEL: Yes.
MENDENHALL: Board Member Skillicorn?
SKILLICORN: Yes.
MENDENHALL: Board Vice Chair Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Board Chairman Dickey?
CHAIR DICKEY: Aye. Thanks so much.
Our next item is to look at their tentative budget, and then we have an action item after
that. Paul?
SOLDINGER: All right. Chairman and Board, another short presentation for your
consideration. Eagle Mountain Community Facilities District has retired all of their
debts, so there will be no tax levy. The $19,500 tentative budget for fiscal year '25 is
essentially in place to spend down the entire fund balance for next year. And actually,
the public works director will also present on a potential option for using those monies
in the next item. The resolution would similarly adopt the budget and provide notice for
publication to the residents.
Any questions?
CHAIR DICKEY: Anybody have any questions on this? So after this is closed out, what
does that mean for next year?
SOLDINGER: There's a certain period -- I'd have to get back to you on that, Mayor -- that
you have to essentially wait until the fund balance is fully expended, and there's a
certain period after that that you'd have to wait before closing down the district. So I
could definitely get back to you on that with that answer.
CHAIR DICKEY: Thank you very much.
Oh, Aaron, sorry.
ARNSON: Five years. So we're in the middle of that waiting -- yeah, we're in the middle
of that waiting period. Yeah.
CHAIR DICKEY: Thank you. So could I get a motion, please, to approve the budget?
TOWN OF FOUNTAIN HILLS
MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 4 of 7
MCMAHON: So moved.
GRZYBOWSKI: Second.
CHAIR DICKEY: Roll call?
MENDENHALL: Board Member McMahon?
MCMAHON: Aye.
MENDENHALL: Board Member Toth?
TOTH: Aye.
MENDENHALL: Board Member Friedel?
FRIEDEL: Aye.
MENDENHALL: Board Member Skillicorn?
SKILLICORN: Yes.
MENDENHALL: Board Member Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Board Vice Chair Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Board Chairman Dickey?
CHAIR DICKEY: Aye. Thank you.
And Justin, I think you're going to give us this next item?
WELDY: Madam Chair, Vice Chair, Board Members, this one is a little more challenging.
The town staff, under direction from the town manager, has ben working with the Eagle
Mountain Homeowners Association and the general manager of the golf course
adjacent to this neighborhood. They had requested that we use, or allow them to use,
some of their unspent fund balance to put in an additional sidewalk for a short section
of Eagle Mountain just north of Summer Hill on the west side of the road. There was a
considerable amount of work on behalf of the town staff to prepare a plan and get it
approved by the pedestrian and traffic safety committee for a recommendation to
proceed. Shortly after that time frame, the public works director was in the intersection
judging things and looking things over to determine what the next steps were, when I
realized that I had made a very big mistake and missed a ramp on the east side of the
TOWN OF FOUNTAIN HILLS
MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 5 of 7
road that was primarily intended for maintenance vehicles that had been painted as a
crosswalk and created an unsafe walking area. Having said that, we went back and
redesigned it and changed the location of the crossing and put in the equivalent -- or we
are requesting to put in the equivalent of a mid-block crossing. So that's not quite at
the intersection, just north in the intersection.
The project, if approved, will include the elimination of that unsafe ramp and the
construction of a mid-block crossing and ramps on either side and some additional
sidewalk in that area.
As part of that, we have met with the homeowners association and the golf course
several times. We came back to the pedestrian and traffic safety committee with the
revisions, got their unanimous approval. Went back and met with the HO and the golf
course, and they have agreed to the plan.
Tonight I'm asking the board of directors to authorize the use of those funds to offset
some of the cost related to that project. A little caveat: at the next council meeting,
that sidewalk and those improvements will be discussed in much greater detail,
including the additional funding and possible funding opportunities to finish the project.
With that said, if you have any questions related to the use of the funds or the location
of the project or any questions related to the project, I'll do my best to answer them.
CHAIR DICKEY: Thank you.
Councilman?
SKILLICORN: Thank you, Madam Mayor.
Director, just out of curiosity, an area of the street you were talking about is actually
owned by the HOA; is that the case? Or the town?
WELDY: Madam Chair, Board Member, no. This is the town's. All of the improvements
will be constructed within the town's right-of-way on Eagle Mountain.
SKILLICORN: Okay. And do you have, like, an intersection, possibly? You said Summer
Hill.
WELDY: Summer Hill and Eagle Mountain.
SKILLICORN: And Eagle Mountain?
TOWN OF FOUNTAIN HILLS
MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 6 of 7
WELDY: The sidewalk would be in the northwest corner area, so between the exit
driveway of the club house and Summer Hill Boulevard.
SKILLICORN: And Madam Mayor, Director, where is this crosswalk going to?
WELDY: The crosswalk will direct pedestrians and other users to cross just north of
Summer Hill onto the sidewalk on Eagle Mountain that extends all the way up to Shea
Boulevard and ties into their activity trails for the golf course and the southern portion
of the Eagle Mountain community.
CHAIR DICKEY: Did we have any speaker cards on this one, Linda?
MENDENHALL: No, Mayor, we do not.
CHAIR DICKEY: Thank you.
Any other questions about it? And we'll find out more about our part of it at a future
meeting. Could I get a motion, please?
MCMAHON: Move to approve.
FRIEDEL: Second.
CHAIR DICKEY: Thank you. Roll call?
MENDENHALL: Board Member Toth?
TOTH: Aye.
MENDENHALL: Board Member Friedel?
FRIEDEL: Aye.
MENDENHALL: Board Member Skillicorn?
SKILLICORN: Yes.
MENDENHALL: Board Member Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Board Member McMahon?
MCMAHON: Aye.
MENDENHALL: Board Vice Chair Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Board Chairman Dickey?
CHAIR DICKEY: Aye.
TOWN OF FOUNTAIN HILLS
MAY 7, 2024 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 7 of 7
Thank you. Thanks very much.
WELDY: You're welcome.
CHAIR DICKEY: We are adjourned on those two meetings.
Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting
of the Eagle Mountain Community Facilities District held on May 7, 2024, at 5:33 p.m.
TOWN OF FOUNTAIN HILLS
_______________________
Ginny Dickey, Board Chairman
ATTEST AND PREPARED BY:
__________________________
Linda G. Mendenhall, District Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Regular Meeting held by the Eagle Mountain Community Facilities
District of Fountain Hills in the Town Hall Council Chambers on the 7th day of
May 2024. I further certify that the meeting was duly called and that a quorum
was present.
DATED this 4th Day of June 2024.
_____________________________
Linda G. Mendenhall, District Clerk
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Eagle Mountain CFD
Agenda Type: Submitting Department: Administration
Prepared by: Paul Soldinger, Chief Financial Officer
Request to Eagle Mountain CFD (Agenda Language): PUBLIC HEARING, CONSIDERATION AND
POSSIBLE ACTION: Resolution EMCFD 2024-02, approving the Final Budget for the Eagle Mountain
Community Facilities District for the fiscal year beginning July 1, 2024 and ending June 30, 2025.
Staff Summary (Background)
The Tentative Budget for the Eagle Mountain Community Facilities District was approved by the Board
of Directors on May 7, 2024. Approval of this Resolution will adopt the Final Budget of the District for
the fiscal year beginning July 1, 2024 and ending June 30, 2025.
Related Ordinance, Policy or Guiding Principle
A.R.S. § 48-715 and § 48-716
Risk Analysis
If the Resolution is not approved, the administrative costs for the Eagle Mountain Community Facilities
District will not be budgeted for the fiscal year.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Resolution EMCFD 2024-02.
SUGGESTED MOTION
MOVE to adopt Resolution EMCFD 2024-02.
Attachments
RESEMCFD2024-02
RESOLUTION EMCFD 2024-02
A RESOLUTION OF THE BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, MARICOPA COUNTY, ARIZONA, APPROVING THE
FINAL BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025 RECITALS: WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-715 and 48-716, on May 4, 2024, the Board of Directors of the Eagle Mountain Community Facilities District (the “Board”) approved Resolution EMCFD 2024-01, which (i) adopted statements and schedules attached as Exhibit A and incorporated herein by this reference as the tentative budget for the Eagle Mountain Community Facilities District, Maricopa County, Arizona, (the “District”) for the fiscal year 2024-25 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 (b) published in a manner prescribed by law, a notice that the Board would meet on June 4, 2024, 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 publication in the Fountain Hills Times on May 15, 2024, and May 22, 2024; and WHEREAS, in accordance with ARIZ. REV. STAT. § 48-716 and following published notice, a public hearing was conducted on June 4, 2024, at which hearing any taxpayer was permitted to appear
and be heard regarding the 2024-25 annual budget for the District. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE EAGLE
MOUNTAIN COMMUNITY FACILITIES 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.
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 2024-25. The statements and estimates of the operation and maintenance expenses 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.
RESOLUTION EMCFD 2024-02 PAGE 2
2
PASSED AND ADOPTED by the Board of Directors of the Eagle Mountain Community Facilities District, Maricopa County, Arizona, June 4, 2024.
Ginny Dickey, District Chairperson ATTEST: Linda Mendenhall, District Clerk APPROVED AS TO FORM:
Aaron D. Arnson, Pierce Coleman PLLC District Counsel
RESOLUTION EMCFD 2024-02 PAGE 3
EXHIBIT A TO
RESOLUTION EMCFD 2024-02 [Final Budget]