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HomeMy WebLinkAbout2002.0611.TCSEM.PacketNOTICE OF SPECIAL AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Beydler Councilman Melendez Vice Mayor Fraverd Councilman Archambault Councilwoman Nicola Councilman Kavanagh Councilwoman Ralphe WHEN: TUESDAY, JUNE 11, 2002 TIME: 9:00 A.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B PLEASE NOTE: (EXECUTIVE SESSION AND AGENDA ITEM #6 WILL TAKE PLACE IN THE TELECONFERENCE ROOM LOCATED IN BUILDING A) RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand, approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER AND PLEDGE — Mayor Beydler • ROLL CALL 1.) Consideration of the RENEWAL OF THE BID for the COMPASS and JUST 4 TEENS Publications - Bid #PR99-021. Town Council Meeting Agenda Special Session June 11, 2002 2.) Consideration of AWARDING THE BID for the Annual Landscaping Contract - Bid #02-01. 3.) Consideration of TOWN SUPPORT of July 4th Fireworks activities without fireworks. 4.) Pursuant to A.R.S. §38-431.03.A.4. AND A.R.S. §38-431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION FOR: purposes of obtaining legal advice from the Town Attorney regarding pending or contemplated litigation specifically: the Town of Fountain Hills vs. BNY and Merrill Lynch; AND discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting. (The Council will interview candidates for the magistrate judge position and receive an update on the availability of interim town manager candidates.). 5.) RETURN TO SPECIAL SESSION. 6.) DISCUSSION AND POSSIBLE ACTION regarding the appointment of an acting town manager. 7.) ADJOURNMENT. DATED this 10`' day of June, 2002. By: Cassie B. Hansen, Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800- 367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Town of Fountain Hills Page 2 of 2 Last printed 6/10/2002 8:00 AM MEMORANDUM TO: Honorable Mayor Beydler and Town Council FROM: Bev Bender, Executive Assistant to the Town Clerk ,'j DATE: June 19, 2002 SUBJECT: Council Meeting Minutes I have attached the minutes from the June 11 and 17, 2002 Town Council meetings for your review. The minutes are on the June 20, 2002 agenda for your approval. TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Mayor and ToN THROUGH: Roy Pederson, FROM: Mark C. Mayei Parks and Recreation Department DATE: May 23, 2002 RE: Renewal of the Compass and Just 4 Teens Newsletters (Bid #PR99-021) On July 27, 1999, the Council approved of a contract to print the COMPASS and JUST 4 TEENS newsletters ("Contract") that is renewable for a period of three (3) years. The current contract period is from July 1, 2001 through June 30, 2002, and FY 2002-2003 will be the last renewal year of the contract. The COMPASS newsletter saw several enhancements over the last several years, some of which were the increase in the number of pages from eight to 12, and going from a two-color process to (W a four-color process. Additionally, this fiscal year approximately 10,000 residents received the Compass newsletter and next fiscal year approximately 11,500 residents will receive the Compass newsletter. The only significant changes to the contract will be an increase in issues from 10,000 to 13,000, and presorting and mailing of the Compass newsletter will no longer be performed in-house, as Cereus Graphics will now perform it. The Town continues to receive many compliments on the Compass newsletter, so it seems to be well received in the community. The JUST 4 TEENS newsletter also saw several enhancements over the last sever years, some of which were an increase in size from 2-pages to 4-pages and increased distribution from 200 copies per issue to 500 copies per issue. The JUST 4 TEENS newsletter has become Parks and Recreation's most direct form of communication with the Town's youth and teens, and it is mailed monthly to teens listed on the Parks and Recreation database. There will be no significant changes to the Just 4 Teens newsletter next fiscal year. The Contract will increase 2.3% in accordance with the January U.S. Department of Labor — Consumer Price Index for West Urban Consumers, and Cereus Graphics has accepted this increase. FY 99-00 FY 00-01 Y 01-02 Y 02-03 No. of Pages Compass Just 4 Teens No. of Copies/issue Compass Just 4 Teens No. of Issues Compass Just 4 Teens Cost With Tax Compass Just 4 Teens 8 2 9,200 200 5 10 $18,138.24 $964.80 12 4 9,600 500 6 12 $34,089.60 $2,955.50 12 4 11,000 500 6 12 $37,038.04 $3,082.59 12 4 13,000 500 6 12 $45,092.51 $3,288.99 Page 1 of 2 RECOMMENDATION Staff recommends approval of renewing the COMPASS and JUST 4 TEENS newsletters Contract (Bid #PR99-021) for a period of one year (July 1, 2002 through June 30, 2003). CONTRACT BREAKDOWN COMPASS newsletter: $44,078.70 JUST 4 TEENS newsletter: $ 3,215.04 Subtotal: $47,293.74 CPI — 2.3%: $1,087.76 TOTAL $48,381.50 Page 2 of 2 TOWN OF FOUNTAIN HILLS MEMO To: Mayor Beydler and Town Council ^ From: Mark C. Mayer, Director Parks and Recreation De artment Tom Ward, Director Public Works Dep elo-, Date: May 30, 2002 for Council Meeting of June 6, 2002 Subj: Award of Annual Landscaping Contract Bid #02-01 1) ACTION REQUESTED: Approve the award of the annual landscaping contract(s) as recommended by staff. 2) BACKGROUND: The Town has utilized various contractors to perform annual landscaping tasks throughout the park system and on other public property. A number of years ago the contract was expanded to include Fountain Hills Unified School District #98. The contract is for one year and is renewable by mutual agreement between the Town and the contractors for up to four additional years. The contract upon renewal includes a provision for adjusting prices based on the Consumer Price Index inflation factor. The current contract is in the second year of renewal. Non -renewal of the contract requires a thirty -day notice. Rebidding the contract became necessary due to several factors. The School District will be adding substantially to its acreage to be maintained with the completion of the new Middle School. The Town has also added substantially to the acreage it maintains with the addition of the new Community Center, two fire department properties, North Heights Dam, and the acquisition of additional land at Four Peaks Park. Finally, Town staff wanted to change language in various sections of the document to clarify or to increase the accountability of the contractor. Advertisements for the bid were placed in the necessary publications to meet the legal requirements. The language in the Invitation to Bid document has been reviewed by Town and School District staff, the Town Attorney's Office, and by the Town's Risk Manager. Bidders had the option of bidding on any single section, a combination of sections, or an "all or nothing bid." An optional pre -bid meeting was also held on April 11, 2002. Bids were opened on May 22, 2002, at 2:00 p.m. A copy of the bid tab is attached. 7 r U 14 3) PRIMARY ISSUES AND ANALYSIS: The School Board reviewed and approved of the contract at its May 22, 2002 meeting. The bids recommended for award represent a $20,500 savings over the current annual cost of maintaining the parks, despite an increase in park acreage included in this contract. The recommended bids for award represent over $86,000 in savings over the current cost for items under Public Works. The lowest bidder under Section VII Crew Hours, Landworks, requested that their bid be withdrawn due to errors in their understanding of the specifications. The apparent second lowest bidder was an "all or nothing" bid and was not interested in performing only this service. Therefore, the final low bidder was Sage. The bids were separated into seven sections with the results as follows: Section Description of Services and/or Materials I Mowing and Landscape Maintenance II Irrigation Maintenance III Spraying IV Palm Tree Trimming V Tree Trimming VI Overseeding Low Bidder Bid TruGreen $151,549 Sage $42,300 TruGreen $21,573 TruGreen $11,880 Environmental Care $16,005 Sage $54,604.38 VII Crew Hours (Public Works) Sage $108,000 BID GRAND TOTAL $405,911.38 4) CONCLUSIONS AND RECOMMENDATIONS: Approve the contract(s) for BID #02-01, for the following Sections and amounts, as listed above and recommended by staff. Attachment — Bid Tab � o � = N IZ O U 0 � � N ca' m c�a V ' cn N � C �c C N J IZ N � O cm CU � m � Q L JJ (s)IJOmpue-j) o 0 0 0 0 0 0 0 (sMlo/N ailgnd) 0 0 0 0 0 Q'x0 0 0 0 0 0 Cr o m s.InOH m8JO 0 000 00 m o - IIA uoi}aas (adeOspue� O 0 N T O O O O O c) afies) � 00 o T co O o c� O 6a 6 00 00 r- 0 cti 4 0 d' N O cfl LO O 6uipaasaanO � _ (D C o - In uoi139s 6a (aaeO 0 0 0 0 0 0 0 0 0 IeIuauauOJIAu3) 0 oo 0 � 0 O 0 o0 O � o 0 6 O o Ln 0 � cO It 0 O r` G uullA wlJ T— rn 0 cD (0 � ' aaal -'A uOIIOas LC) C7 � N (a CO � T N CG 00 0000000 (uaajE)nal) r� o Sri o 0 6 0 0 0 6ulwwi.l1 aai o LO It oa 0000 000_ Va � d CO co T Cfl ualed - Al uoiIOas � � 6a � 0 0 O O o o O O m r- O O m 0 0 0 0 r- (Uaa.lOn ll) 0)- Oc0 o 0c r- BuiAejds 0 c? c 0 Oo r- U-) N o N - III uoi}aas � I � W- � `4 � (adeOspue-1 0c\l 0 0 0 0 0 0 0 a6es) 0 0 0 ca O0 0 0Va 0c0 o aaueualuien °! � o uoilefii laI � � � � � - II u0113as (uaaj!Dnal) 0 � 0 0 0 0 0 0 0 aOueua}uielN NCO N1 �LO0 ade3spue-1 "zl- rn I r- `O o o° '8 BUIMOIN LO - � n °' LO - I uOi}aas T c� N T T N T � 0 0 a� c - V c > > c O cz U cz U N m c° O U CTJ C= c) U O N a) -O c � C'3 C O) cz J U)U)U -0 U) -p O cz� c E cz (z c C 7 0 p C Q) N O j U)Q) O J U Z C � i (3 cz U i F- C= w IL n ClC'3 U) a� 0 U) a) cz U_ c TOWN OF FOUNTAIN HILLS PROJECT NO.: BID # 02-01 PROJECT NAME: Annual Landscaping Contract THIS CONTRACT, made and entered into this I" day of July, 2002, by and between Sage Landscape Contractors, hereinafter designated "Contractor" and the Town of Fountain Hills, County of Maricopa, and State of Arizona, a municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona, hereinafter designated "OWNER". WITNESSETH: That the said Contractor, for and in consideration of the sum to be paid him by the said Owner, in the manner and at the time hereinafter provided, and of the other covenants and agreements herein contained and under the penalties expressed in the bonds provided, hereby agrees, for himself, his heirs, executors, administrators, successors, and assigns as follows: ARTICLE I - SCOPE OF WORK: The Contractor shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities required to perform all work for Project No 02-01 Bid Sections II — Irrigation Maintenance, VI — OverseedinQ, and VII — Crew Hours, and to completely and totally construct the same and install the material therein for the Owner, in a good workmanlike and substantial manner to the satisfaction of the Owner and under the direction and supervision of the Owner, or other properly authorized agents and strictly pursuant to and in conformity with the Plans and Specifications prepared for the Owner, and with such modifications of the same and other documents that may be made by the Owner or other properly authorized agents, as provided herein. The Contractor agrees that this Contract, as awarded, is for Sections II — Irrigation Maintenance ($42,300.00), VI — Overseeding ($54,604.38), and VII — Crew Hours ($108,000.00) from BID # 02- 01 in the total amount of Two hundred four thousand nine hundred four dollars and 38/100 ($204,904.38), and understands that payment for the total work will be made on the basis of the indicated amount, as bid in the Bid Schedule. ARTICLE II - CONTRACT DOCUMENTS: Project Manuals, General and Special Provisions, Addenda, if any, and Contractor's Bid, as accepted by the Mayor and Council. Bid Bond, Performance Bond, Payment Bond, Certificates of Insurance, and Change Orders, if any, are by this reference made a part of this Contract to the same extent as if set forth herein in full. ARTICLE III - TIME OF COMPLETION: Contract period is from July 1, 2002 through June 30, 2003. This contract is renewable on a yearly basis, at the option of the Town of Fountain Hills and the Fountain Hills Unified School District #98 for up to four (4) additional years. ARTICLE IV - PAYMENTS: For and in consideration of the faithful performance of the work herein embraced as set forth in the Contract Documents, which are a part hereof and in accordance with the directions of the Owner, through its Contract Administrator or other properly authorized ALC-1 agent and to Owner's satisfaction, the Owner agrees to pay the said Contractor the amount earned, computed from actual quantities of work performed and accepted or materials furnished at the unit bid and/or lump sum price on the Bid Form made a part hereof. Any progress payments made shall be in accordance with the General Conditions as set forth in the Contract Documents which are a part hereof and final payment shall be made within forty (40) days after final inspection and acceptance of the work. ARTICLE V - CONTRACT ADMINISTRATOR: shall be Mark Mayer, Director of Parks and Recreation or designee. ARTICLE VI — LAWS: This agreement is governed by the laws of the State of Arizona and specifically A.R.S. §38-511. IN WITNESS WHEREOF, three (3) identical counterparts of this contract each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties herein above named, on the date and year first above written. ATTEST: Cassie Hansen, Town Clerk Contractor: Company �A24MLJ Name/title Signature TOWN OF FOUNTAIN HILLS Mark C. Mayer, Director Parks and Recreation Department William E. Farrell, Town Attorney ALC-2 TOWN OF FOUNTAIN HILLS PROJECT NO.: BID # 02-01 PROJECT NAME: Annual Landscaping_ Contract THIS CONTRACT, made and entered into this 0 day of July, 2002, by and between Environmental Care/Arbor Care, hereinafter designated "Contractor" and the Town of Fountain Hills, County of Maricopa, and State of Arizona, a municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona, hereinafter designated "OWNER". Wr'FNESSETH: That the said Contractor, for and in consideration of the sum to be paid him by the said Owner, in the manner and at the time hereinafter provided, and of the other covenants and agreements herein contained and under the penalties expressed in the bonds provided, hereby agrees, for himself, his heirs, executors, administrators, successors, and assigns as follows: ARTICLE I - SCOPE OF WORK: The Contractor shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities required to perform all work for Project No 02-01 Bid Section V — Tree Trimming, and to completely and totally construct the same and install the material therein for the Owner, in a good workmanlike and substantial manner to the satisfaction of the Owner and under the direction and supervision of the Owner, or other properly authorized agents and strictly pursuant to and in conformity with the Plans and Specifications prepared for the Owner, and with such modifications of the same and other documents that may be made by the Owner or other properly authorized agents, as provided herein. The Contractor agrees that this Contract, as awarded, is for Section V — Tree Trimming from BID # 02-01 in the total amount of Sixteen thousand five dollars and no/100 ($16,005.00), and understands that payment for the total work will be made on the basis of the indicated amount, as bid in the Bid Schedule. ARTICLE H - CONTRACT DOCUMENTS: Project Manuals, General and Special Provisions, Addenda, if any, and Contractor's Bid, as accepted by the Mayor and Council. Bid Bond, Performance Bond, Payment Bond, Certificates of Insurance, and Change Orders, if any, are by this reference made a part of this Contract to the same extent as if set forth herein in full. ARTICLE III - TIME OF COMPLETION: Contract period is from July 1, 2002 through June 30, 2003. This contract is renewable on a yearly basis, at the option of the Town of Fountain Hills and the Fountain Hills Unified School District #98 for up to four (4) additional years. ARTICLE IV - PAYMENTS: For and in consideration of the faithful performance of the work herein embraced as set forth in the Contract Documents, which are a part hereof and in accordance with the directions of the Owner, through its Contract Administrator or other properly authorized agent and to Owner's satisfaction, the Owner agrees to pay the said Contractor the amount earned, computed from actual quantities of work performed and accepted or materials furnished at the unit ALC-1 r bid and/or lump sum price on the Bid Form made a part hereof. Any progress payments made shall be in accordance with the General Conditions as set forth in the Contract Documents which are a part hereof and final payment shall be made within forty (40) days after final inspection and acceptance of the work. ARTICLE V - CONTRACT ADMINISTRATOR: shall be Mark Mayer, Director of Parks and Recreation or designee. ARTICLE VI — LAWS: This agreement is governed by the laws of the State of Arizona and specifically A.R.S. §38-511. IN WITNESS WHEREOF, three (3) identical counterparts of this contract each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties herein above named, on the date and year first above written. ATTEST: Cassie Hansen, Town Clerk Contractor: G rl Vj' 41oe% rn e V f u l Company ca -(-� —T A V eti Name/title Signature A TOWN OF FOUNTAIN IM Jon U Mark C. Mayer, Director Parks and Recreation Department William E. Farrell, Town Atto ey fanC4 ZadKG¢P✓ ALC-2 TOWN OF FOUNTAIN HILLS PROJECT NO.: BID # 02-01 PROJECT NAME: Annual Landscaping Contract THIS CONTRACT, made and entered into this I" day of July, 2002, by and between TruGreen LandCare, hereinafter designated "Contractor" and the Town of Fountain Hills, County of Maricopa, and State of Arizona, a municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona, hereinafter designated "OWNER". WITNESSETH: That the said Contractor, for and in consideration of the sum to be paid him by the said Owner, in the manner and at the time hereinafter provided, and of the other covenants and agreements herein contained and under the penalties expressed in the bonds provided, hereby agrees, for himself, his heirs, executors, administrators, successors, and assigns as follows: ARTICLE I - SCOPE OF WORK: The Contractor shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities required to perform all work for Project No. 02-01, Bid Sections I — Mowing and Landscape Maintenance, III — Sprang, and IV — Palm Tree Trimming, and to completely and totally construct the same and install the material therein for the Owner, in a good workmanlike and substantial manner to the satisfaction of the Owner and under the direction and supervision of the Owner, or other properly authorized agents and strictly pursuant to and in conformity with the Plans and Specifications prepared for the Owner, and with such modifications of the same and other documents that may be made by the Owner or other properly authorized agents, as provided herein. The Contractor agrees that this Contract, as awarded, is for Sections I — Mowing and Landscape Maintenance ($151,549.00), III — Spraying ($21,573.00), and IV — Palm Tree Trimming ($11,880.00) from BID # 02-01 in the total amount of One hundred eighty-five thousand and two dollars and no/100 ($185,002.00) and understands that payment for the total work will be made on the basis of the indicated amount, as bid in the Bid Schedule. ARTICLE II - CONTRACT DOCUMENTS: Project Manuals, General and Special Provisions, Addenda, if any, and Contractor's Bid, as accepted by the Mayor and Council. Bid Bond, Performance Bond, Payment Bond, Certificates of Insurance, and Change Orders, if any, are by this reference made a part of this Contract to the same extent as if set forth herein in full. ARTICLE III - TIME OF COMPLETION: Contract period is from July 1, 2002 through June 30, 2003. This contract is renewable on a yearly basis, at the option of the Town of Fountain Hills and the Fountain Hills Unified School District #98 for up to four (4) additional years. ARTICLE IV - PAYMENTS: For and in consideration of the faithful performance of the work herein embraced as set forth in the Contract Documents, which are a part hereof and in accordance with the directions of the Owner, through its Contract Administrator or other properly authorized ALC-1 b. agent and to Owner's satisfaction, the Owner agrees to pay the said Contractor the amount earned, computed from actual quantities of work performed and accepted or materials furnished at the unit bid and/or lump sum price on the Bid Form made a part hereof. Any progress payments made shall be in accordance with the General Conditions as set forth in the Contract Documents which are a part hereof and final payment shall be made within forty (40) days after final inspection and acceptance of the work. ARTICLE V - CONTRACT ADMINISTRATOR: shall be Mark Mayer, Director of Parks and Recreation or designee. ARTICLE VI — LAWS: This agreement is governed by the laws of the State of Arizona and specifically A.R.S. §38-511. IN WITNESS WHEREOF, three (3) identical counterparts of this contract each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties herein above named, on the date and year first above written. ATTEST: 1 Cassie Hansen, Town Clerk Contractor: !y1. tirez" un GaIt/ Com any T ie✓ Name/title �,i1 � v Signature TOWN OF FOUNT Mark C. Mayer, Director Parks and Recreation Department William E. Farrell, Town Attorney ALC-2 MEMORANDUM TO: Mayor Beydler and Common Council Town Attorney Town Clerk FROM: Councilwoman Kathleen Nicola DATE: June 11, 2002 RE: Judicial Selection Last week, I requested certain information be distributed to you regarding the operation of your town court. I apologize for not providing insight as to the direction I was heading with it. You may remember that I addressed the council months ago, urging you to reconsider the presiding judge position status as that of full-time one, with benefits. I am happy to discuss the reasoning, further supported by statistics provided by the court. I am attaching the court's June 2001 report, reflecting activity from July 1, 2000 — June 30, 2001 (prior to any change in law enforcement structure). Civil traffic hearings, juvenile hearings, pretrial conference hearings, and injunctive hearings totaled 981 for the year. These activities consist of as little as five minutes, and no more than 15 minutes of judicial time. The maximum time for those activities, assuming 15 minutes each, is 245.25 hours. There were 13 trials held that year. A trial may last as little as 15 minutes or as long as an hour on average. Assuming that they were two hours in length, it would represent 26 hours on the bench. This court has not had a jury trial in several years. Arraignments for criminal violations take about two minutes; the court saw between 1200 and 1500 persons during that time (609 criminal traffic and 833 criminal cases terminated- one defendant could be cited with several counts). The judge has other responsibilities, of course, but those are shared with a court administrator. As we head into another challenging fiscal year, with no budget yet to review, I would ask that you again consider the possibility of appointing a presiding judge to a part-time contract, either paid hourly or with a salary commensurate with the anticipated 20-30 hours necessary to maintain the integrity and efficiency of the court. I am available for any questions or comments. As to the information previously provided- please carefully review the Arizona Code of Judicial Administration Part 1, Chapter 3, Section 305. I submit to you that our court must follow these procedures for pro tem judges. Administrative Orders of the Supreme Court of Arizona are binding. It is clear that judicial appointments are not "indefinite". There should be an open process. There has been no public announcement for those 4W positions for several years. I will urge the next presiding judge to appoint based on these guidelines. Fountain Hills Town Code Section 5-2-2 states that "...pro ternjudges may serve for such salary or other compensation as the council may determine." It is, therefore, our job to determine compensation. Do we know what that compensation is? Judge Shoob called the Town of Paradise Valley's court a "complete disaster" because of the volunteer system of judges in place there. There is no basis for such a claim. FHTC Section 5-2-5 provides for the appointment of civil traffic hearing officers to hear traffic cases. I would suggest that the court's statistics support our consideration of appointing such hearing officers in the future. I look forward to discussing this and other matters involving the court with you and our future presiding judge. IM a v�uaNau aauas aaMua�.aY Na VVYa b 11VL{.�tl• 1\VIIVa {. ✓ 1 June 2001 CASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS Civil Traffic 393 4,368 0 7 219 167 0 Criminal Traffic 73 651 0 1 33 37 2 Misdemeanor 77 742 16 0 25 26 10 OOP/IPH 10 65 10 0 0 0 0 June 2001 553 5,826 26 8 277 230 12 June 2000 494 5,843 19 2 236 220 17 CASES TERMINATED MONTH FYTD Civil Traffic 417 4,652 Criminal Traffic 58 609 Misdemeanor 77 833 OOP/IPH 10 65 June 2001 562 6,159 June 2000 489 5,848 HEARINGS/TRIALS HELD MONTH FYTD Civil Traffic Hearings 4 226 Traffic / Criminal Trials 0 13 Juvenile Hearings 8 170 PTC/OSC/SR Hearings 44 573 OOP/IPH Hearings 0 12 June 2001 56 994 June 2000 109 1,266 June 2001 Revenue Received $ 50,914 00-01 Fiscal Year to Date $ 562,711 June 2000 Revenue Received $ 44,871 99-00 Fiscal Year to Date $ 502,000 2001 Outstanding Balance $ 376,474 2000 Outstanding Balance $326,017 Revenue Received amount does not include bond account activity. Fountain Hills :Municipal Court )VIonthly Report April 2002 CASES FILED MONTH FYTD COURT DPS MCSO FH`ID PROS �vil Traffic 156 2,289 0 1 122 33 0 Criminal Traffic 39 372 0 4 23 12 0 Misdemeanor 39 413 6 2 22 3 6 OOP/IPH 4 76 4 0 0 0 0 April 2002 238 3,150 10 7 167 48 6 April 2001 526 4,742 28 2 298 191 7 CASES TERMINATED MONTH FYTD Civil Traffic 194 2,678 Criminal Traffic 34 452 Misdemeanor 40 540 OOP/IPH 4 76 April 2002 274 3,746 Cril 2001 504 5,036 HEARINGS/TRIALS HELD MONTH FYTD Civil Traffic Hearings 8 77 Traffic / Criminal Trials 2 7 Juvenile Hearings 11 121 PTC/OSC/SR Hearings 36 435 OOP/IPH Hearings 1 14 April 2002 58 654 April 2001 55 839 April 2002 Revenue Received $34,309 01-02 Fiscal Year to Date $ 392,371 April 2001 Revenue Received $ 46,389 00-01 Fiscal Year to Date $ 462,370 2002 Outstanding Balance $369,986 001 Outstanding Balance S344,452 Revenue Received amount does not include bond account activity AZ ST S CT RULE 81 CJC Canon 2 TEXT 17A A.R.S. Sup.Ct.Rules, Rule 81, Code of Jud.Conduct, Canon 2 RULES OF THE SUPREME COURT OF ARIZONA VEST CNOLP VI. JUDICIAL ETHICS ATt* %AC0~ RULE 81. CODE OF JUDICIAL CONDUCT Copr. © West Group 2002. All rights reserved. Current with amendments received through 03/01/02 Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge's ActiNzties A. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. B. A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. A judge shall not testify voluntarily as a character witness. C. A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion or national origin. CREDIT CREDITS) 1997 Main Volume Added June 15, 1993, effective Sept. 1,1993• 17A A. R. S. Sup. Ct. Rules, Rule 81, Code of Jud. Conduct, Canon 2 AZ ST S CT RULE 81 CJC Canon 2 END OF DOCUMENT Copr. (C) West 2002 No Claim to Orig. U.S. Govt. Works AZ ST S CT RULE 81 CJC Canon 3 TEXT 17A A.R.S. Sup.Ct.Rules, Rule 81, Code of Jud.Conduct, Canon 3 RULES OF THE SUPREME COURT OF ARIZONA VI. JUDICIAL ETHICS RULE 81. CODE OF JUDICIAL CONDUCT Copr. © West Group 2002. All rights reserved. Current with amendments received through 03/01/02 Canon,-3. A Judge Shall Perform the Duties of Judicial Office Impartially- and Diligently A. Judicial Duties in General. The judicial duties of a judge take precedence over all the judge's other activities. The judge's judicial duties include all the duties of the judge's office prescribed by law. In the performance of these duties, the following standards apply. B. Adjudicative Responsibilities. (i) A judge shall hear and decide matters assigned to the judge except those in which disqualification is required. (2) A judge shall be faithful to the law and maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. (3) A judge shall require order and decorum in proceedings before the judge. (4) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control. (5) A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not permit staff, court officials and others subject to the judge's direction and control to do so. IL (6) A judge shall require lawyers in proceedings before the judge to refrain from manifesting, by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, against parties, witnesses, counsel or others. This § 3B(6) does not preclude legitimate advocacy when race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, or other similar factors, are issues in the proceeding. (7) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding except that: (a) Where circumstances require, ex parte communications for scheduling, administrative purposes or emergencies that do not deal with substantive matters or issues on the merits are authorized; provided: (i) the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and (ii) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication and allows an opportunity to respond. (b) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding. (c) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. (d) A judge may, with the consent of the parties, confer separately with the parties and their lawyers in an effort to mediate or settle matters pending before the judge. (e) A judge may initiate or consider any ex parte communications when expressly authorized by law to do so. (8) A judge shall dispose of all judicial matters promptly, efficiently and fairly. (9) A judge shall not, while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any nonpublic comment that might substantially interfere with a fair trial or hearing. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. This section does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. This section does not apply to proceedings in which the judge is a litigant in a personal capacity. (io) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community. (ii) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. (12) A judge shall participate actively in judicial education programs and shall complete mandatory judicial education requirements. C. Administrative Responsibilities. (i) A judge shall diligently discharge the judge's administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business. (2) A judge shall require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties. (3) A judge with supervisory responsibility for the judicial performance of other judges shall take reasonable measures to assure the prompt disposition of matters before them and the proper performance of their other judicial responsibilities. (4) A judge shall not make unnecessary appointments. A judge shall exercise the power of appointment impartially and on the basis of merit. A judge shall avoid nepotism and favoritism. A judge shall not approve compensation of appointees beyond the fair value of services rendered. (5) A judge shall require staff, court officials and others subject to the judge's direction and control to comply with the provisions of the code of conduct adopted for judicial employees by the supreme court. D. Disciplinary Responsibilities. (1) A judge who has knowledge or who receives reliable information that another judge has committed a violation of this code shall take or initiate appropriate action. A judge who has knowledge or who receives reliable information that another judge has committed a violation of this code that raises a substantial question as to the judge's honesty, trustworthiness or fitness as a judge in other respects shall inform the appropriate authority. (2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct should take appropriate action. A judge having knowledge that a lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the appropriate authority. (3) Acts of a judge, in the discharge of disciplinary responsibilities, required or permitted by §§ 31)(1) and 31)(2) are part of a judge's judicial duties and shall be absolutely privileged, and no civil action predicated thereon may be instituted against the judge. E. Disqualification. (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) the judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge practiced law within the preceding seven (7) years served during such association as a lawyer concerning the matter, or the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse, parent or child wherever residing, or any other member of the judge's family residing in the judge's household, has a financial interest in the subject matter in controversy or in a party to the proceeding or any other interest that could be substantially affected by the proceeding; (d) the judge or the judge's spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) is a party to the proceeding, or an officer, director or trustee of a party; REST G R 0 UP e 74AASON CO~ (ii) is acting as a lawyer in the proceeding; (iii) is known by the judge to have an interest that could be substantially affected by the 4L proceeding; (iv) is to the judge's knowledge likely to be a material witness in the proceeding. (2) A judge shall keep informed about the judge's personal and fiduciary financial interests, and make a reasonable effort to keep informed about the personal financial interests of the judge's spouse and minor children residing in the judge's household. F. Remittal of Disqualification. A judge disqualified by the terms of § 3E may, instead of withdrawing from the proceeding, disclose on the record the basis of the disqualification. If the parties and their lawyers after such disclosure and an opportunity to confer outside of the presence of the judge, all agree in writing or on the record that the judge should not be disqualified, and the judge is then willing to participate, the judge may participate in the proceedings. The agreement should be incorporated in the record of the proceeding. E H CREDIT CREDIT(S) 1997 Main Volume Added June 15,1993, effective Sept. 1, 1993• 20o2 Electronic Update Amended Feb. 22,1999, effective June 1,1999; April 14,1999, effective June 1,1999• 17A A. R. S. Sup. Ct. Rules, Rule 81, Code of Jud. Conduct, Canon 3 AZ ST S CT RULE 81 CJC Canon 3 END OF DOCUMENT Copr. (C) West 2002 No Claim to Orig. U.S. Govt. Works