HomeMy WebLinkAbout2022.06.07.CMD Packet
NOTICE OF MEETING
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, JUNE 7, 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.
Cottonwoods Maintenance District Board
Regular Meeting of June 7, 2022 2 of 2
MEETING AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. CONSIDERATION AND POSSIBLE ACTION: Approval of minutes from 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.
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.
e is Oc da of `'<W AB , 2022.
Li G. Mendenhall, MM , i rict 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: 06/07/2022 Meeting Type: Cottonwoods Maintenance District
Agenda Type: Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Cottonwoods Maintenance District (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of minutes from the Regular Meeting of May 3, 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 May 3, 2022, of the Cottonwoods
Maintenance District Board.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of May 3, 2022, of the Cottonwoods Maintenance
District Board.
Attachments
Minutes
MINUTES OF THE REGULAR MEETING OF THE
COTTONWOODS MAINTENANCE DISTRICT BOARD
HELD MAY 3, 2022
1.CALL TO ORDER
Chairman Dickey called the meeting of the Cottonwoods Maintenance District held May 3, 2022, to
order at 5:30 p.m.
2.ROLL CALL
Present: Chairman Ginny Dickey; Vice Chairman Gerry Friedel; Member Peggy McMahon;
Member Mike Scharnow; Member Alan Magazine; Member David Spelich; Member
Sharron Grzybowski
Staff
Present:
District Manager Grady E. Miller; District Attorney Aaron D. Arnson; District Clerk
Elizabeth A. Klein
3.CONSIDERATION AND POSSIBLE ACTION: Approval of minutes from the Regular Meeting of
June 15, 2021, of the Cottonwoods Maintenance District Board.
MOVED BY Member David Spelich, SECONDED BY Member Sharron Grzybowski to approve the
minutes of the Regular Meeting of June 15, 2021, of the Cottonwoods Maintenance District Board.
Vote: 7 - 0 - Unanimously
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.
Finance Director David Pock briefly reviewed the tentative budget.
Mr. Miller said that this time last year Vice Chairman Friedel asked staff if it was possible to revert to
having the homeowners association maintain this district. He said that staff did have discussions
with the homeowners, but some of them prefer to keep it this way. What is being proposed is a
middle point, where at least the Town will recuperate their administrative costs.
MOVED BY Member Alan Magazine, SECONDED BY Member Sharron Grzybowski to adopt
Resolution CMD 2021-01.
Vote: 7 - 0 - Unanimously
5.CONSIDERATION AND POSSIBLE ACTION: Approval of Amendment No. 2 to Professional
Services Agreement 2020-079 with Verde Valley Landscaping.
Public Works Director Justin Weldy said that 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.
MOVED BY Member Alan Magazine, SECONDED BY Member Sharron Grzybowski to approve
Amendment No.2 to Professional Services Agreement 2020-079 with Verde Valley Landscaping in
the amount of $6,300.00.
Vote: 7 - 0 - Unanimously
6.ADJOURNMENT
The Regular Meeting of the Cottonwoods Maintenance District held May 3, 2022, adjourned at 5:34
p.m.
COTTONWOODS MAINTENANCE DISTRICT BOARD
____________________________________________
Ginny Dickey, Chairman
ATTEST:
____________________________________________
Elizabeth A. Klein, District Clerk
Cottonwoods Maintenance District Board
Meeting of May 3, 2022 Page 2 of 2
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/07/2022 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): 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.
Staff Summary (Background)
The Tentative Budget for the Cottonwoods Maintenance District was approved by the Board of Directors
on May 3, 2022. Approval of this Resolution will adopt the Tentative Budget as the Final Budget of the
District for the fiscal year beginning July 1, 2022, and ending June 30, 2023.
Related Ordinance, Policy or Guiding Principle
A.R.S. § 48-574 and § 48-575
Risk Analysis
If the Resolution is not approved, 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 approval of Resolution CMD 2022-02.
SUGGESTED MOTION
MOVE to adopt Resolution CMD 2022-02.
Attachments
CMDRES 2022-02
RESOLUTION CMD 2022-02
A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE
DISTRICT, MARICOPA COUNTY, ARIZONA, APPROVING THE FINAL
BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1,
2022, AND ENDING JUNE 30, 2023
RECITALS:
WHEREAS, the provisions of ARIZ. REV. STAT. §§ 48-574 and 48-575 allow for the assessment
of maintenance charges upon the lots and parcels within an improvement district and for such
assessments to be collected in the manner and by the officers provided by law for the collection
and enforcement of general taxes; and
WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-574(E) and 48-575(E), on May 3, 2022, the
Board of Directors of the Cottonwoods Maintenance District (the “Board”) approved Resolution
CMD 2022-01, which (i) adopted the statements and schedules attached as Exhibit A and
incorporated herein by this reference as the tentative budget for the Cottonwoods Maintenance
District, Maricopa County, Arizona, (the “District”) for the fiscal year 2022-23 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 all persons owning real property within the District and (b) published in a
manner prescribed by law, a notice that the Board would meet on June 7 , 2022, 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 (i) publication in the Fountain Hills Times on May
1 1 , 2022, and May 1 8 , 2022, and (ii) first class mail to all persons owning real property in
the District on May 4, 2022; and
WHEREAS, on June 7, 2022, the Board held a public hearing to allow taxpayers of the District
to voice their comments in favor of or against any proposed expenditures and assessments; and
WHEREAS, any person owning real property affected by the assessment who had any
objection to the legality of the assessment or to any of the previous proceedings connected
therewith was given the opportunity to appear before the Board at the hearing to present
any further objections.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
COTTONWOODS MAINTENANCE 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.
RESOLUTION 2021-02 PAGE 2
SECTION 3. The stateme nts and schedul es attac hed here to 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 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 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 o ut the purpose a nd intent of this
Reso luti on.
PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District,
Maricopa County, Arizona, June 7, 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 2022-02
[Final Budget]
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$
FINAL BUDGET
FISCAL YEAR 2022-2023
COTTONWOODS MAINTENANCE DISTRICT