HomeMy WebLinkAboutCMD.2019.0618.Agenda NOTICE OF MEETING
SPECIAL MEETING
COTTONWOODS MAINTENANCE DISTRICT
District Board Chairman Ginny Dickey
Vice Chairman Art Tolis Director Alan Magazine
Director Dennis Brown Director Mike Scharnow
Director Sherry Leckrone Director David Spelich
TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT BOARD SPECIAL MEETING, WHICH
BEGINS AT 5:25 P.M.; AND PRIOR TO THE REGULAR MEETING OF THE TOWN
OF FOUNTAIN HILLS TOWN COUNCIL
WHEN: TUESDAY, JUNE 18, 2019
WHERE: FOUNTAIN HILLS TOWN HALL — COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Directors of the District Board 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 makes a video or audio recording of a minor child.
Meetings of the District Board of the Cottonwoods Maintenance District 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.
1. CALL TO ORDER— District Chairman Ginny Dickey
2. ROLL CALL— District Chairman Ginny Dickey
3. CONSIDERATION OF approving the Cottonwoods Maintenance District Board Meeting Minutes of May 7, 2019,
and June 4, 2019.
4. CONSIDERATION OF Resolution CMD 2019-03 assessing upon the individual lot 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, 2019, and
ending June 30, 2020.
5. ADJOURNMENT
DATED this/3 day of June, 2019.
lizab .h urke, MMC, T wn Clerk
COTTONWOODS MAINTENANCE DISTRICT
SPECIAL MEETING OF MAY 7, 2019
5:25 P.M.
FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS, ARIZONA
MINUTES
1. CALL TO ORDER— District Chairman Ginny Dickey
Chairman Dickey called the meeting to order at 5:32 p.m.
2. ROLL CALL — District Chairman Ginny Dickey
BOARD MEMBERS PRESENT: Chairman Ginny Dickey; Directors Mike Scharnow,
Dennis Brown, Alan Magazine, Sherry Leckrone and David Spelich.
BOARD MEMBERS ABSENT: Vice Chairman Art Tolis
STAFF PRESENT: District Manager Grady E. Miller; District Attorney Aaron D. Arnson;
and District Clerk Elizabeth A. Burke.
3. CONSIDERATION OF approving the Cottonwoods Maintenance District Board Meeting
Minutes of June 19, 2018.
N
Director Scharnow MOVED to approve the minutes of June 19, 2018; SECONDED by
s Director Brown; passed unanimously.
4. PUBLIC HEARING AND CONSIDERATION OF Resolution CMD 2019-01 approving the
Tentative Budget of the District for the Fiscal Year beginning July 1, 2019, and ending
June 30, 2020, and setting a hearing date for the budget and tax levy.
Chairman Dickey opened the Public Hearing.
Finance Director Craig Rudolphy said that this district was formed in June 1999 for the
purpose of maintaining common areas within the Cottonwoods development. The work is
done by the Town's Public Works Department through a contract with a local landscaping
company.
The reserve being accumulated is for a wall replacement as well as a ten-year painting of
the common area wall. All is assessed to the 60 residents of the development. Their
budget is $6,642.
Chairman Dickey closed the Public Hearing.
Director Brown MOVED to approve; SECONDED by Director Magazine; passed
unanimously.
COTTONWOODS MAINTENANCE DISTRICT
MEETING OF MAY 7, 2019-MINUTES PAGE 2
5. ADJOURNMENT
Director Scharnow MOVED to adjourn; SECONDED by Director Brown; passed
unanimously.
The Special Meeting of the Cottonwoods Maintenance District Board held May 7, 2019, adjourned
at 5:34 p.m.
District Chairman Ginny Dickey
ATTEST:
District Clerk Elizabeth A. Burke
COTTONWOODS MAINTENANCE DISTRICT
SPECIAL MEETING OF JUNE 4, 2019
5:29 P.M.
FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS, ARIZONA
MINUTES
1. CALL TO ORDER— District Chairman Ginny Dickey
Chairman Dickey called the meeting to order at 5:29 p.m.
2. ROLL CALL— District Chairman Ginny Dickey
BOARD MEMBERS PRESENT: Chairman Ginny Dickey; Vice Chairman Art Tolis
(electronically) Directors Mike Scharnow, Dennis Brown, Alan Magazine, Sherry Leckrone
and David Spelich.
BOARD MEMBERS ABSENT: None
STAFF PRESENT: District Manager Grady E. Miller; District Attorney Aaron D. Arnson;
and Acting District Clerk Angela Padgett-Espiritu.
3. CONSIDERATION OF approving the Cottonwoods Maintenance District Board Meeting
Minutes of May 7, 2019.
No discussion/action taken.
4. PUBLIC HEARING AND CONSIDERATION OF Resolution CMD 2019-02 approving the
Tentative Budget of the District as the Final Budget of the District for the Fiscal Year
beginning July 1, 2019, and ending June 30, 2020.
Chairman Dickey opened the Public Hearing.
Mr. Miller said that this district was formed years ago for the installation of landscaping
improvements and a wall for the Cottonwoods development. The total amount is
$6,642.00, which is annually assessed to the property owners within the development,
and staff recommended approval.
Chairman Dickey closed the Public Hearing.
Director Scharnow MOVED to adopt Resolution CMD 2019-02; SECONDED by Director
Magazine; passed unanimously.
5. ADJOURNMENT
Director Scharnow MOVED to adjourn; SECONDED by Director Brown; passed
unanimously.
COTTONWOODS MAINTENANCE DISTRICT
MEETING OF JUNE 4, 2019-MINUTES PAGE 2
The Special Meeting of the Cottonwoods Maintenance District Board held June 4, 2019,
adjourned at 5:31 p.m.
District Chairman Ginny Dickey
ATTEST:
District Clerk Elizabeth A. Burke
TOWN OF FOUNTAIN HILLS
't1NAIN. Cottonwoods Maintenance District
4Q dun
n AGENDA ACTION FORM
that is AP'
Meeting Date: 6/18/2019 Meeting Type: Special Session
Agenda Type: Regular Submitting Department: Administration
Staff Contact Information: David Pock, District Finance Director, 480-816-5162, dpock@th.az.gov
REQUEST TO DISTRICT BOARD (Agenda Language): CONSIDERATION of RESOLUTION CMD 2019-03
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 funds for maintenance of certain pedestrian areas,
parking and parkways, all for the fiscal year beginning July 1, 2019, and ending June 30, 2020.
Applicant:
Applicant Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary(background): The Cottonwoods Maintenance District 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 governing Board for the District. The Maintenance 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 of$114.52 per property owner levied by the Town and collected by
Maricopa County. The estimated levy includes the annual contract cost for landscaping as well as establishing a
reserve amount for future exterior wall maintenance and an additional reserve for unplanned maintenance.
Risk Analysis (options or alternatives with implications):
Fiscal Impact(initial and ongoing costs;budget status): $6,642
Budget Reference (page number): p 323-325
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 2019-03
SUGGESTED MOTION (for District Board use): Move to approve Resolution CMD 2019-03.
Page 1 of 2
Prepared by:
NA Click here to
enter a date.
Di or's Ap p......a
District fce Director 6/4/2019
Appr. ed:
Grady E. Miller,Distri. . ager 6/4/2019
Page 2 of 2
RESOLUTION CMD 2019-03
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, 2019, AND ENDING JUNE 30, 2020
RECITALS:
WHEREAS, in accordance with ARIz. REV. STAT. §§ 48-574 and 48-575, and following published
notice, public hearings were conducted on May 7, 2019, and June 4, 2019, at which hearings any
taxpayer was permitted to appear and be heard regarding the 2019-20 annual budget for the
Cottonwoods Maintenance District, Maricopa County, Arizona (the "District");
WHEREAS, on June 4, 2019 the District Board adopted Resolution CMD 2019-02, approving the
District's annual budget; and
WHEREAS, pursuant fo ARIz. REV. STAT. §§48-574 and 48-575, the District Board desires to levy
such amounts as necessary for the District's 2019-20 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 $6,642 for the purpose of providing maintenance for
certain pedestrian areas, parking and parkways for the fiscal year beginning July 1, 2019 and
ending June 30, 2020.
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 2019-03 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 18th day of June, 2019.
Ginny Dickey, District Chairperson
ATTEST:
Elizabeth A. Burke, District Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Pierce Coleman PLLC
District Counsel
CERTIFICATION
I, Elizabeth A. Burke, the duly appointed Clerk of the Cottonwoods Maintenance District,
do hereby certify that the above and foregoing Resolution No. 2019-03 was duly passed by the
Chairperson and District Board of the Cottonwoods Maintenance District, at a regular meeting
held on June 18, 2019, and the roll call of the vote thereon was Ayes and Nays and that
the Chairperson and board members were present thereat.
Elizabeth A. Burke, District Clerk
Cottonwoods Maintenance District
RESOLUTION CMD 2019-03 PAGE 4
EXHIBIT A
TO
RESOLUTION CMD 2019-03
[Lot/Tax Parcel List; Levy Amount]
See following page.
RESOLUTION CMD 2019-03 PAGE 5
Amount Amount
to be to be
Lot No. Tax Parcel No. Levied* Lot No. Tax Parcel No. Levied*
1 176-03-923 $114.52 42 176-03-964 $114.52
2 176-03-924 $114.52 43 176-03-965 $114.52
3 176-03-925 $114.52 44 176-03-966 $114.52
4 176-03-926 $114.52 45 176-03-967 $114.52
5 176-03-927 $114.52 46 176-03-968 $114.52
6 176-03-928 $114.52 47 176-03-969 $114.52
7 176-03-929 $114.52 48 176-03-970 $114.52
8 176-03-930 $114.52 49 176-03-971 $114.52
9 176-03-931 $114.52 50 176-03-972 $114.52
10 176-03-932 $114.52 51 176-03-973 $114.52
11 176-03-933 $114.52 52 176-03-974 $114.52
12 176-03-934 $114.52 53 176-03-975 $114.52
13 176-03-935 $114.52 54 176-03-976 $114.52
14 176-03-936 $114.52 55 176-03-977 $114.52
15 176-03-937 $114.52 56 176-03-978 $114.52
16 176-03-938 $114.52 57 176-03-979 $114.52
17 176-03-939 $114.52 58 176-03-980 $114.52
18 176-03-940 $114.52
19 176-03-941 $114.52
20 176-03-942 $114.52
21 176-03-943 $114.52
22 176-03-944 $114.52
23 176-03-945 $114.52
24 176-03-946 $114.52
25 176-03-947 $114.52
26 176-03-948 $114.52
27 176-03-949 $114.52
28 176-03-950 $114.52
29 176-03-951 $114.52
30 176-03-952 $114.52
31 176-03-953 $114.52
32 176-03-954 $114.52
33 176-03-955 $114.52
34 176-03-956 $114.52
35 176-03-957 $114.52
36 176-03-958 $114.52
37 176-03-959 $114.52
38 176-03-960 $114.52
39 176-03-961 $114.52
40 176-03-962 $114.52
41 176-03-963 $114.52
* such sum may be paid in two installments, along with such parcel's other taxes