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HomeMy WebLinkAboutMMPC.2011.0728.Agenda TIT TIP WN OF FOUNTAIN HILLS AFFIDAVIT OF WEB POSTING OF THE POST MEETING ACTION NOTICE STATE OF ARIZONA } } ss COUNTY OF MARICOPA} The affiant, after first duly sworn deposes and says: That the Fountain Hills Town Clerk, personally posted or had posted a copy of the attached post meeting action notice(s) on the Town's website: ❑ Town Council Meeting Date of: ❑ Town Council Work Study Meeting Date of: ❑ Town Council Special Meeting Date of: jp Pt rn?e Commission Meeting Date of: C 1 // ❑ Other: The above referenced post meeting action notice was posted: , 20 /i at 4a-7--C✓p.m. (Fill i dat nd time) BY: 6f ilii&D SIGNATURE SUBSCRIBED AND SWORN to me this a-(C( day �(J , 20 1( . — (Yig-- Notary Public /J;v//QExpiraate ATTACH A COPY OF THE POST MEETING ACTION AGENDA NOTICE TO THIS AFFIDAVIT BEFORE FILING. \-. OFFICIAL SEAL M ,�`' 1.'T?.;., 0OMINICK LABATE rr ' Notary Public•State of Ari20M .i..-' MARICOPA COUNTY L :O . - n4 My comm,expires Jan,21,2012 C:\Documents and Settings\nwalter\Local Settings\Temporary Internet Files\Content.Outlook\7MON7ZDG\Affidavit of Web Posting the Post Meeting Action Notice-etc(2).doc 8/25/10 POST ACTION AGENDA NOTICE At"art NOTICE OF REGULAR MEETING 4 0: ' OF THE TOWN OF FOUNTAIN HILLS 3 MCDOWELL MOUNTAIN PRESERVATION COMMISSION 111 ._.✓' °P0 /hat is MVI. TIME: 5:30 P.M. WHEN: TUESDAY, JULY 26, 2011 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ A majority of the Council members may be in attendance. No official action will be taken. McDowell Mountain Preservation Commissioners will attend either in person or by telephone conference call. PROCEDURE FOR ADDRESSING THE COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Executive Assistant prior to Commission discussion of that Agenda item. Speaker Cards are located near the Executive Assistant's position at the table. Speakers will be called in the order in which the speaker cards were received either by the Executive Assistant or the Chairman. At that time, speakers should stand. Speakers are asked to state their names prior to commenting and to direct their comments to the Chairman and not to individual Commission Members. Speakers' statements should not be repetitive. In order to conduct an orderly business meeting, the Chairman shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commission members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If you do not comply with these rules,you will be asked to leave. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Director upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting. Notice is hereby given that pursuant to A.R.S. §I-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. The agenda for the meeting is as follows: 1)CALL TO ORDER and PLEDGE OF ALLEGIANCE @ 5:34 p.m. 2)ROLL CALL NO ACTION TAKEN 3)CALL to the PUBLIC NO ACTION TAKEN Pursuant to A.R.S. §38-431-01(G),public comment is permitted(not required)on matters not listed on the agenda.Any such comment(i)must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public"unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,individual Commissioner may(i)respond to criticism,(ii)ask staff to review a matter or(iii)ask that the matter he placed on a future Commission agenda. 4)CONSIDERATION of Approving the June 28,2011 Meeting Minutes APPROVED 5)UPDATE on Open Meeting Law Presentation NO ACTION TAKEN 6)REPORT on the status of the agreement with the Regional Park and FH regarding the Sonoran Trail NO ACTION TAKEN 7)UPDATE on status of directional signs to the Preserve NO ACTION TAKEN 8)REPORT on the MCO hiking agreement NO ACTION TAKEN 9)REPORT from the McDowell Mountain Month Workgroup NO ACTION TAKEN 10) REPORT from the Fountain Hills and Scottsdale Trail Connection Workgroup NO ACTION TAKEN 11) REPORT from the Preserve Marketing Workgroup NO ACTION TAKEN 12) REPORT from the Preserve Access Workgroup NO ACTION TAKEN 13) CONSIDERATION of Adjournment APPROVED @ 6:29 p.m. Dated this 14`h day of July 2011 By: 47 Nancy Walt ,Executive Assistant Pursuant to Title II of the American with Disabilities Act(ADA),McDowell Mountain Preservation Commission does not discriminate on the basis of a disability regarding admission to public meetings. Individuals with disabilities who require auxiliary aids or services for effective communication in this meeting may contact Nancy Walter at 480-816-5152(voice)or 1-800-367-8939(TDD),72 hours prior to the meeting start time. L L C INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS, ARIZONA THIS AGREEMENT is made and entered into between the County of Maricopa, a political subdivision of the State of Arizona, hereinafter referred to as the "COUNTY" and the Town of Fountain Hills, also a political subdivision of the State of Arizona, and hereinafter referred to as the"TOWN". WITNESSETH That WHEREAS, the COUNTY and the TOWN are authorized to enter into this Agreement pursuant to A.R.S. 11-952. WHEREAS, the COUNTY, through its Parks and Recreation Department provides recreational opportunities and educational programs to the public; and WHEREAS, the TOWN through its McDowell Mountain Preserve Commission provides programs, hiking and mountain biking opportunities in the McDowell Mountain Preserve to the public; and WHEREAS, the Maricopa County Parks and Recreation Department desires to provide access to the McDowell Mountain Preserve through McDowell Mountain Regional Park; and WHEREAS, the Town provides bicyclists, and hikers with a link through McDowell Mountain Regional Park to the Town of Fountain Hills McDowell Mountain Preserve; and Whereas,the County and Tow ould like to maintain a mutually beneficial relationship by which they may in the future work togethe o reach a common objectives without duplicating efforts and expense NOW THEREFORE, in consideration of the mutual promises an is of the parties herein, it is agreed as follows: GENERAL PROVISIONS DS 1. PURPOSE OF AGREEMENT The Maricopa County Parks and Recreation Department and the Town of Fountain Hills desire to work in harmony for the common purpose of maintaining, improving, and managing outdoor recreation opportunities and educating the public regarding the same. To jointly plan and develop trails mutually beneficial to the County and the Town. To provide legal access for the multi-use Sonoran trail that connects McDowell Mountain Regional Park and McDowell Mountain Preserve. To jointly plan,coordinate, and implement, special events, recreational and educational programs, mutually beneficial to the County and the Town. C a To share facilities, personnel, electronic resources and equipment when in the best interest of the parties to include training, resource management and development, task forces and public 0 meetings and events. 2. RESPONSIBILITIES It is agreed that the Maricopa County Parks and Recreation Department will provide the following: A. Seasonal maintenance of the Sonoran Trail from the intersection of the Dixie Mine Trail to the McDowell Mountain Preserve boundary to ensure that it meets the trails standards set by the Maricopa County Parks and Recreation Department for trails within the regional park system. B. Seasonal maintenance of the Dixie Mine Trail from the Trailhead to the Sonoran Trail to ensure that the public seeking access to the McDowell Mountain Preserve can do so using trails within the McDowell Mountain Regional Park. It is agreed that the Town of Fountain Hills will provide the following: A. Information to the public intending to access the McDowell Mountain Preserve using the trail system within McDowell Mountain Regional Park that the park is a fee based recreation area and that all members of the public entering the park are subject to paying the current entrance fee for hikers,bikers or equestrians. 0 B. Seasonal maintenance of the Sonoran Trail beginning at the north boundary of the preserve and extending into the preserve. Neither party is require ,,provide funding, labor or r mar tenance on the Sonoran Trail which is not on lands naged tt,each agency. 3. JOINT RESPONSIBILITIES litt A. To meet at least annually to discuss matters relating to trails,maintenance, special events, wildlife viewing, and outdoor education programs in or affecting McDowell Mountain Regional Park and/or McDowell Mountain Sonoran Preserve and to provide other meetings at various administrative levels as necessary. B. To cooperate in the conservation,restoration,and general management of the natural and cultural resources within McDowell Mountain Regional Park and McDowell Mountain Sonoran Preserve with proper land use programs. C. To cooperate in the development or construction of wildlife habitat improvements. D. To cooperate in the development or construction of wildlife viewing and education enhancements to include viewing blinds, signage,kiosks and exhibits. E. To cooperate in surveys of park users. F. To jointly plan and develop facilities mutually beneficial to the Parties. G. To jointly plan and implement recreation and education programs mutually beneficial to the Parties. 4111 H. To share facilities,personnel, electronic resources and equipment when in the best interest of the parties to include training,resource management and development,task forces and public meetings and events. I. To cooperate in joint marketing, social media and promotion campaigns when in the best interest of the parties J. When specific projects have been identified the partners will develop an action plan,master plan,MOU or similar document signed by the Directors from both parties that outline a timeline,procedures and budget for project completion. 4. GENERAL TERMS AND CONDITIONS A. By entering into this Agreement, each Party (as "indemnitor") agrees that to the extent permitted by law, to indemnify and save the other Party (as "Indemnitee") harmless, including any of the Parties' departments, agencies, officers, employees, elected officials or agents, from and against all loss, expense, damage or claim of any nature whatsoever ("Claims"), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct or other fault of the Indemnitor, its officers, officials, agents, employees or volunteers. B. This Agreement shall become effective as of the date it is executed by all the Parties. The term of this Agreement is five (5) years and may be renewed on agreement of the Parties for two (2) additional fiv year terms. Any Party may terminate this Agreement upon furnishing the other Party with 'tten notice at least thirty(30) days prior to the effective termination date. Upon termin on, q Parties shall incur no further obligation or liability under this Agreement other than for paytent of services rendered prior to the expiration of the Agreement. Any unexpended and obligated funds shall be returned to the Party providing the funds. 6. ASSIGNMENT AND DELEGATION DRA , Neither party may assign any rights hereunder without the express, written, prior consent of both parties. 7. DISPUTES This Agreement shall be subject to arbitration as may be required by A.R.S. 12-1518. 8. CONFLICT OF INTEREST The parties acknowledge that this Agreement is subject to cancellation provisions pursuant to A.R.S. 38-511,the provisions of which are incorporated herein and made a part hereof. 9. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties hereto. There are no representations or provisions other than those contained herein. This Agreement shall not be amended or modified, in any manner, except by an instrument in writing, signed by the parties 3 • hereto. Significant changes in the scope of work may be negotiated, subject to a fully executed contract amendment. 10. INVALIDITY OF PART OF THIS AGREEMENT The parties agree that should any part of this Agreement be held to be invalid or void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon the parties. 11. GOVERNING LAW This Agreement shall be construed under the laws of the State of Arizona and shall incorporate by reference, all laws governing the interagency agreements and mandatory contract provisions of state agencies required by statute or executive order. 12. NOTICES All notices under this Agreement, including request for reimbursement, and payments on such request shall be mailed or delivered to the party to receive such notice, and shall be in writing and shall be sent by U.S.Postal Service,Postage prepaid,and addressed to the following individuals: For the TOWN: Mr.Jay Schlum,Mayor Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,Arizona 85268 (480)816-5100 For COUNTY: Mr.R.J. Cardin,Direct• 11 Maricopa County Parks 'ecreation Department 234 N. Central Avenue, Suite 6400 Phoenix,AZ 85004 (602)506-2930 13. RESOLUTION Attached hereto is a resolution, evidence of the passage, and approval of the action authorizing the signing of this Agreement by the Mayor of the Town of Fountain Hills. 4 DATED this day of , 2003. MARICOPA COUNTY BOARD OF SUPERVISORS Fulton Brock, Chairman Jay Schlum,Mayor Town of Fountain Hills Attest: RECOMMENDED BY: Clerk of the Board4(t4ikAndrew Kuasek, Chair Maricopa County Board of Supervisors. Date: THIS AGREEMENT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY. Nod Deputy County Attorney : "' ' Town of Fountain Hills Counsel 6 o°��AIN.�rt� NOTICE OF REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS C MCDOWELL MOUNTAIN PRESERVATION COMMISSION W 90 . — %t is 01. TIME: 5:30 P.M. WHEN: TUESDAY,JULY 26,2011 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS,AZ A majority of the Council members may be in attendance. No official action will be taken. McDowell Mountain Preservation Commissioners will attend either in person or by telephone conference call. PROCEDURE FOR ADDRESSING THE COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Executive Assistant prior to Commission discussion of that Agenda item. Speaker Cards are located near the Executive Assistant's position at the table. Speakers will be called in the order in which the speaker cards were received either by the Executive Assistant or the Chairman. At that time, speakers should stand. Speakers are asked to state their names prior to commenting and to direct their comments to the Chairman and not to individual Commission Members. Speakers' statements should not be repetitive.In order to conduct an orderly business meeting, the Chairman shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commission members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If you do not comply with these rules,you will be asked to leave. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Director upon request by the speaker not less than 24 hours prior to a Meeting, (ii)consensus of the Commission at 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. The agenda for the meeting is as follows: 1)CALL TO ORDER and PLEDGE OF ALLEGIANCE 2)ROLL CALL 3)CALL to the PUBLIC Pursuant to A.R.S. §38-431-01(G),public comment is permitted(not required)on matters not listed on the agenda. Any such comment(i)must be within the jurisdiction of the Commission and(ii) is subject to reasonable time,place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public"unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,individual Commissioner may(i)respond to criticism,(ii)ask staff to review a matter or(iii)ask that the matter be placed on a future Commission agenda. 4)CONSIDERATION of Approving the June 28,2011 Meeting Minutes 5)UPDATE on Open Meeting Law Presentation 6)REPORT on the status of the agreement with the Regional Park and FH regarding the Sonoran Trail 7)UPDATE on status of directional signs to the Preserve 8)REPORT on the MCO hiking agreement 9)REPORT from the McDowell Mountain Month Workgroup 10) REPORT from the Fountain Hills and Scottsdale Trail Connection Workgroup 11) REPORT from the Preserve Marketing Workgroup 12) REPORT from the Preserve Access Workgroup 13) CONSIDERATION of Adjournment Dated this 14`h day of July 2011 By: (V7 Nancy Waxecutive Assistant Pursuant to Title II of the American with Disabilities Act(ADA),McDowell Mountain Preservation Commission does not discriminate on the basis of a disability regarding admission to public meetings. Individuals with disabilities who require auxiliary aids or services for effective communication in this meeting may contact Nancy Walter at 480-816-5152(voice)or 1-800-367-8939(TDD),72 hours prior to the meeting start time. • •