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Home My WebLink About2022.0503.CMD.Packet 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 - IMMEDIATELY FOLLOWING THE MEETING OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD WHEN: TUESDAY, MAY 3, 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 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.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 15, 2021, of the Cottonwoods Maintenance District Board. 4.CONSIDERATION AND POSSIBLE ACTION: Resolution CMD 2022-01 by the Maintenance District Board approving the Tentative Budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, providing notification to property owners, and setting a hearing date for the budget and annual assessments. 5.CONSIDERATION AND POSSIBLE ACTION: Approval of Amendment No. 2 to Professional Services Agreement 2020-079 with Verde Valley Landscaping. 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. _____________________________________________ Elizabeth A. Klein, MMC, Town Clerk ITEM 3. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/03/2022 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 AND POSSIBLE ACTION: Approval of minutes from the Regular Meeting of June 15, 2021, 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 15, 2021, of the Cottonwoods Maintenance District Board. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of June 15, 2021, of the Cottonwoods Maintenance District Board. Attachments Minutes MINUTES OF THE REGULAR MEETING OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD HELD JUNE 15, 2021 1.CALL TO ORDER Chairman Dickey called the meeting of June 15, 2021, to order at 5:26 p.m. 2.ROLL CALL Present: Chairman Ginny Dickey; Vice Chairman David Spelich; Board Member Gerry Friedel; Board Member Sharron Grzybowski; Board Member Peggy McMahon; Board Member Alan Magazine; Board Member Mike Scharnow 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 June 1, 2021, meeting of the Cottonwoods Maintenance District Board. MOVED BY Board Member Mike Scharnow, SECONDED BY Vice Chairman David Spelich to approve the minutes of the June 1, 2021, Board meeting of the Cottonwoods Maintenance District Board. Vote: 7 - 0 - Unanimously 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. Finance Director David Pock said this is a tax levy that will be directed to the County Treasurer's Office. It is for 56 properties, at a cost of $110.01 each, which is $4.50 less than this year. MOVED BY Board Member Sharron Grzybowski, SECONDED BY Board Member Peggy McMahon to adopt Resolution CMD 2021-03. Vote: 7 - 0 - Unanimously 5.ADJOURNMENT The Regular Meeting of the Cottonwoods Maintenance District of June 15, 2021, adjourned at 5:29 p.m. COTTONWOODS MAINTENANCE DISTRICT: ____________________________________________ Ginny Dickey, Chairman ATTEST: ____________________________________________ Elizabeth A. Klein, District Clerk ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/03/2022 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 AND POSSIBLE ACTION: Resolution CMD 2022-01 by the Maintenance District Board approving the Tentative Budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, providing notification to property owners, and setting a hearing date for the budget and annual assessments. 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 Cottonwoods Maintenance District. The Maintenance District provides for the maintenance of the common area which includes landscaping and a wall. The annual cost is repaid through an annual property tax assessment of $149.46 per property owner, levied by the Town, and collected by Maricopa County. The estimated tax 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. Related Ordinance, Policy or Guiding Principle A.R.S. § 48-1210 Risk Analysis If not approved, the District will not be in compliance with State Statute. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution CMD 2022-01. SUGGESTED MOTION MOVE to adopt Resolution CMD 2021-01. Attachments CMDRES 2022-01 RESOLUTION CMD 2022-01 A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT, MARICOPA COUNTY, ARIZONA, APPROVING THE TENTATIVE BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2022, AND ENDING JUNE 30, 2023, AND SETTING A HEARING DATE FOR THE ANNUAL ASSESSMENTS AND BUDGET. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COTTONWOODS MAINTENANCE DISTRICT, as fo ll ows: SECTION 1. The statements and schedules attached as Exhibit A and incorporated herein by this reference are hereby approved for the purpose as hereinafter set forth as the tentative budget for the Cottonwoods Maintenance District, Maricopa County, Arizona (the “District”) for the fiscal year 2022-23. The statements and estimates of the operation and maintenance expenses of the District, the costs of capital improvements and other expenditures for public infrastructure of the District (collectively, the “District Expenditures”) are hereby filed with the District Clerk. SECTION 2. The District Clerk is hereby authorized and directed to cause to be (i) mailed to the governing body of the Town of Fountain Hills and all persons owning real property within the District and (ii) published in the manner prescribed by law, a notice in substantially the form attached hereto as Exhibit A, that the District Board will meet for the purpose of conducting a hearing for District taxpayers on the statements and estimates of District Expenditures filed with the District Clerk, including the annual assessments and on the adoption of the 2022-23 Annual Budget for the District; said hearing to be conducted on June 7, 2022, at 5:25 p.m. in the District offices (the Council Chambers at Fountain Hills Town Hall), 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268. At the conclusion of the hearing, the District Board shall pass upon any objections and shall adopt the Final Budget for the District; final approval of the Tax Levy for the District shall follow on June 21, 2022, at the same time and place. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District on May 3, 2022. Ginny Dickey, District Chairperson ATTEST: Elizabeth A. Klein, District Clerk APPROVED AS TO FORM: Aaron D. Arnson, Pierce Coleman PLLC District Counsel EXHIBIT A TO RESOLUTION CMD 2022-01 [Notice/Tentative Budget] See following page. NOTICE COTTONWOODS PROPERTY OWNERS The taxpayers of the Cottonwoods Maintenance District (the “District”) are hereby notified that the Board of Directors will hold a public meeting on June 7, 2022, at 5:25 p.m. at the District offices located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona (the Council Chambers at Fountain Hills Town Hall), when and where any taxpayers of the District will be heard in favor of, or against, any of the proposed expenditures for the District, after which the foregoing estimates as modified or as now existing, will be assessed by the Board of Directors as the basis for the fiscal year 2022-2023 budget. Taxpayers may file written objections at any time prior to the hearing, and the Board of Directors shall hear and pass upon any objections at the hearing. Copies of the tentative fiscal year 2022-2023 District budget may be viewed prior to the June 7, 2022, meeting at the District Clerk’s office, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, the Town of Fountain Hills website, www.fh.az.gov, and the Fountain Hills branch of the Maricopa County Library, 12901 N. La Montana Drive, Fountain Hills, Arizona 85268. For the Fiscal Year Ended Revenues June 30, 2023 Tax Levy at $149.46 per property owner 8,669$ TOTAL 8,669$ Expenses Annual Landscape Maintenance Cost 6,300$ Annual Reserve for Exterior Wall Maintenance 1,280 Reserve Fund - Postage 50 Advertising 250 Due to General Fund for FY22 landscape increase 460 Administrative Fee (10%)788 Contingency (from Reserve if needed)5,000 TOTAL 14,129$ PROPOSED BUDGET FISCAL YEAR 2022-2023 COTTONWOODS MAINTENANCE DISTRICT ITEM 5. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/03/2022 Meeting Type: Cottonwoods Maintenance District Agenda Type: Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of Amendment No. 2 to Professional Services Agreement 2020-079 with Verde Valley Landscaping. Staff Summary (Background) The Cottonwoods Improvement District was formed in 1998 for the purpose of constructing a masonry wall and completing landscape improvements along the frontage of Saguaro Blvd and Grande Blvd, with the Town Council serving as the Board of Directors to oversee District activities. In late 1999, improvements were completed, and the Improvement District was converted to a Maintenance District with the Town Council continuing to serve as the Board of Directors to oversee District activities, including the annual adoption of its budget and award of contracts. Each year, the property owners in the Cottonwoods Maintenance District are assessed a property tax to pay for landscape maintenance and a small reserve for the painting of the exterior wall around the subdivision every ten years. The Board of Directors approved the current contract for landscape maintenance on June 1, 2021, with Verde Valley Landscaping. However, due to ever-increasing operating costs, such as wage increases, insurance, etc., the vendor submitted a rate increase on December 16, 2021, requesting a monthly increase from $400.00 to $460.00. The vendor submitted a second request for a rate increase on April 14, 2022, from $460.00 to $520.00. Related Ordinance, Policy or Guiding Principle Ordinance 1998-08 which established the Cottonwoods Maintenance District. Risk Analysis Not proceeding with a contract amendment will delay landscape maintenance activities for the Cottonwoods District neighborhood. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends Council approval of Amendment No.2 to Professional Services Agreement 2020-079 with Verde Valley Landscaping. SUGGESTED MOTION MOVE to approve Amendment No.2 to Professional Services Agreement 2020-079 with Verde Valley Landscaping in the amount of $6,300.00. Attachments Professional Services Agreement Increase letter 2021 Increase letter 2022 Underlying Agreement 1 Contract No. 2020-079.2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND LALLA SALMA, LLC DBA VERDE VALLEY LANDSCAPING THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Second Amendment”) is entered into as of May 3, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Lalla Salma, LLC, D/B/A Verde Valley Landscaping, a(n) Arizona limited liability company (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated June 16, 2020, for the Consultant to provide Landscaping Services to the Cottonwoods Maintenance District (the “Services”). All capitalized terms not otherwise defined in this Second Amendment have the same meanings as contained in the Agreement. B. The Consultant’s fees have increased (Exhibit C-1) due to labor and equipment/supply costs. C. The Town and the Consultant desire to enter this Second Amendment to amend the Agreement to provide for compensation to the Consultant for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Compensation. The Town shall pay Consultant an aggregate amount not to exceed $35,000 for the Services. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 2. EXHIBIT C-1 (“fees”) as attached, replaces Exhibit C (“Fees”), and is hereby incorporated by this reference. 2 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. a. 4. Non-Default. By executing this Second Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 4. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 5. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] December 16, 2021 Attn: Justin Weldy Cottonwood Fountain Hills, AZ 85268 Re: Landscape Increase Letter First, we would like to thank you for choosing Verde Valley Landscaping for all your landscaping needs. Due to ever increasing operating costs, in which, we cannot control such as wage increase, insurance, etc., we will be having a price increase for this year. Your new service fee will be changed from $400.00 to $460.00 per month effective January 2022. These changes have been implemented to continue to provide the best service possible to our customers. We value you as a customer and hope to continue servicing your property. Please do not hesitate to call the office if you have any questions or any concerns. Best Regards Sandra Sixtos General Manager Verde Valley Landscaping 480-837-8131 April 14, 2022 Cottonwood Town of Fountain Hills Fountain Hills, AZ 85268 Re: Landscape Increase Letter Dear Town of Fountain Hills, First, we would like to thank you for choosing Verde Valley Landscaping for all your landscaping needs. Due to ever increasing operating costs, in which, we cannot control such as wage increase, insurance, etc., we will be having a price increase for this year. These changes have been implemented to continue to provide the best service possible to our custo mers. Rate will change from $460.00 to $525.00 effective July 1st 2022. We value you as a customer and hope to continue servicing your property. Please do not hesitate to call the office if you have any questions or any concerns. Best Regards, Sandra Sixtos Office Manager Verde Valley Landscaping 480-837-8131