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Joyce Clark Unfiltered

For "the rest of the story"

It has been 17 years and 291 days since the city’s pledge to build the West Branch Library.

In the October 15, 2015 edition of the Glendale Star there is an editorial encouraging the voters of the Sahuaro district to recall Councilmember Sherwood and to elect Ray Malnar as their new representative. Here is the link:  http://www.glendalestar.com/opinion/article_9ccc1730-6dff-11e5-90d8-63d62820f449.html .  One of the reasons offered for Sherwood’s removal in the editorial caught my attention.

It stated in part, “…neither Sherwood nor any member of Glendale City Council has any regulatory authority in either school district, nor any school district, for that matter. Sherwood’s campaign signs, however, would have voters believe that if you vote for Sherwood, you support education.” Unfortunately Sherwood believes many voters don’t know that. Sahuaro district voters are just not that dumb. Sherwood’s use of aligning himself with education is overtly cynical and disrespects his constituents.

It appears obvious to all that Sherwood is truly desperate. Be assured the fire union has done polling for Sherwood and their guy is losing at the rate of 3 votes against him for every vote for him. Desperate people often act questionably. Sherwood’s attempt to fool the Sahuaro voters into thinking he can affect the education of their children seems to be just such a questionable act. It’s not surprising in the light of his other actions such as ignoring traffic citations and pandering to big money stakeholders while ignoring his constituents on issues of importance to them.

However, what made the Glendale Star decry a councilmember’s ploy of tying himself to education this time? Councilmembers Chavira and Aldama have used the same tactic in their previous election campaigns. They, too, led their district voters to believe that they could affect local education in their campaign mailers and campaign flyers. In those instances the Glendale Star voiced not a peep about their use of the very same tactic as Sherwood has employed.

Let’s hope the Glendale Star will voice the same strong opinion on this unethical tactic when Chavira and Aldama run for their respective seats next time. If it does not adopt this same stance regarding other candidates, then its claim to unbiased coverage of the news will have been destroyed.

© Joyce Clark, 2015

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This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

It has been 17 years and 214 days since the city’s pledge to build the West Branch Library.

On July 24, 2015 at a special voting meeting the Glendale City Council unanimously passed Ordinance 2949 and the First Amendment to AMULA Final. With these actions the city and Ice Arizona agreed to dismiss all lawsuits and also settled the issue of the million dollars sitting around in a special escrow account as a result of the 2009 bankruptcy filing.

Before the Kumbaya vote Anthony LeBlanc, spokesperson for the ownership group said, “We’re not going to renegotiate…never, never, never.” Oops. The afternoon of the fateful vote in a radio interview with Roc & Manuch, LeBlanc was heard to say, “We haven’t been open with them (the city).”And, “We haven’t been good communicators.” And, “They’ve done well for the taxpayers. They’ve got a win.” When asked if Ice Arizona would consider buying the city’s arena, LeBlanc said about arena ownership, “That’s not the business we’re in.” Should we believe him in light of his long history of “erroneous” statements?

Councilmember Gary Sherwood, IceArizona’s staunch advocate, in an earlier, same day radio interview (July 24, 2015) with Roc & Manuch, said that he had publicly staked out a position that “he was not going to vote.” We can assume his action was to be a public display of disapproval for council’s treatment of his good friends, the IceArizona owners. In his traditional flip-flop fashion, he reversed himself with a little help from his friends. He revealed that the night before the vote “he had discussions with ownership” (presumably Anthony LeBlanc). His remark is interesting in and of itself for the only meeting council had prior to the vote was an executive session on July 20, 2015.  Did he share the conversations and results of that executive session with his good friend LeBlanc? Sherwood went on to say that “ownership wanted a 7-0 vote in support of the new deal.” Always willing to oblige his friends, Sherwood did a 180 and not only voted but voted in favor and made sure his pal, Councilmember Sammy Chavira did as well.

There has been considerable opining in the news media and on social media as to whether this is a good deal…for anybody. I contend that it is a good deal for Glendale if for no other reason than a $197 million dollar liability is gone…poof! That action should warm the hearts of the bond rating agencies. That figure represents the annual lease payments for the balance of the original lease management agreement.

The city gained in reducing the management fee to $6.5M from the original $15M annually. The actual language is: “10.1. Management Fee. Commencing on the Amendment Effective Date, and during the remainder of the Term, in consideration of the Arena Manager’s agreement to perform the management and other services set forth in this Agreement to pay all operating and maintenance costs associated with the Arena Facility (other than capital costs as provided herein), provided there is no breach by the Team Owner of the obligations under the Non-Relocation Agreement or a material breach by the Arena Manager of its obligations under this Agreement, the City shall pay to the Arena Manager, by wire transfer of immediately available funds to an account specified by the Arena Manager, the annual Management Fee in the amount of Six Million Five Hundred Thousand Dollars ($6, 500,000), paid in quarterly (on a three calendar month basis) installments in arrears on or before each October 1st, January 1st, April 1st and July 1st during the Term.” The city was losing an estimated $8+M a year under the original lease agreement even with the shared revenue it received. This management fee is budgeted within the city budget for Fiscal Year 2015-16.

The city also won two important concessions. It now has its own “out” clause with this agreement which ends in two years, in 2017 with recognition that “19. Termination Date means June 30, 2017.”  It now has the freedom to choose its own arena manager in a year’s time as stated, “46. Change of Manager. Notwithstanding what may otherwise be proved in this Agreement or in this Amendment, the City shall have the option to replace the Arena Manager at any time after June 30, 2016…” Everyone hopes the city will craft an RFP immediately and put it out on the street in a time frame appropriate to exercising that option.

The city achieved what can be considered as payback. IceArizona will no longer use former City Attorney Craig Tindall or former Assistant City Manager Julie Frisoni in any capacity including as a consultant. It is in #4 of the Settlement Agreement which states, “No Other City Employee Involved with Arena Agreement. The Parties represent and warrant that, as of the Effective Date, to the best of their individual and collective knowledge, information, and belief, no other former employees of the City, other than Craig Tindall or Julie Frisoni, have become consultants to or employees of IceArizona, in any capacity, since July 8, 2013. Ice Arizona represents and warrants that neither Tindall nor Frisoni has, in any way and to any extent, no matter how substantial or insubstantial, been involved in initiating, negotiating, creating, drafting, or securing the First Amendment. In reliance on these representations and warranties and those in Section 6, the City, City Council, City Manager, and City Attorney, collectively and individually, represent and warrant that they will never in the future seek to cancel or void the Arena Agreement of the First Amendment based o the involvement of Tindall or Frisoni, no matter how substantial or insubstantial, in initiating, negotiating, crating, drafting, or securing the Arena Agreement or the First Amendment on behalf of Glendale, so long as Tindall and Frisoni are not employed or retained as a consultant by IceArizona or any of its affiliates, divisions, parent entities, or subsidiaries.” The language is quite specific. That is just plain Karma for Tindall and Frisoni.

Did IceArizona get anything out of the deal? It stopped a lawsuit in which ultimately the city would have prevailed. Note that the new deal contains a lot of verbiage enjoining the city from suing IceArizona, ever, for any reason, regarding Tindall and Frisoni. The major gain was that it bought IceArizona time…time to decide its future. If the owners cannot put a decent team on the ice this year their future is bleak and they know it. It’s not a matter of distance that fans must travel to a game. That rationale has been over used. When teams win people will eagerly travel long distances to watch the winner. A team that is a contender also fills seats in suites and attracts more expensive advertising dollars…the lifeblood of any team. Each extra playoff game earns in the neighborhood of a million dollars and can spell the difference between a bottom line in the black and a bottom line in the red.

Another important issue finally resolved is that of distribution of the bankruptcy Operating Reserve Account as follows: “10. The Parties acknowledge and understand that in the Bankruptcy Settlement, subject to approval by the Court, the Bankruptcy Lawsuit (the “Bankruptcy Court”), the Operating Reserve Account shall be distributed as follows: $350,000 to the City, $10,000 to the David Reaves, Chapter 7 Trustee of the Arena Management Group, L.L.C., and $640,000 to Ice Arizona.”

In the same radio interviews, Sherwood stated that he wants “to see a new contract (with IceArizona) in 6 to 9 months, by April of 2016.”  LeBlanc stated IceArizona “wants a contract extension immediately” to bring “certainty.” Obviously it is an option both parties will need to pursue. Let us hope they can be successful in crafting a lease extension that is not build on the backs of Glendale’s taxpayers. No one can object to a lease agreement that is fair and equitable.

Be advised it doesn’t matter what the action or situation is, municipal governments do not move quickly. While an immediate contract extension is IceArizona’s goal, the caution is to not become frustrated if the action is not completed quickly. I learned this lesson the hard way. When I first joined city council I had ideas for projects in my district. I mistakenly thought they could be accomplished instantly. Not so. I became satisfied if a project could be completed within a year. It’s the very nature of government. All action is slow, overly deliberate, and far more complicated than it often needs to be.

Everyone appears to be relieved the issue is resolved for now. Let’s hope this positive action leads to further positive outcomes for both parties.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

It has been 17 years and 146 days since the city’s pledge to build the West Branch Library.

I salute the men and women of the Glendale Fire Department. You, time after time, demonstrate your compassion, professionalism and integrity every time you answer an emergency call. Your genuine care for the people you serve is evident…especially the children, the little ones. Thank you for your service. I and every Glendale citizen appreciate what you do.

You work hard but you are paid well for your knowledge and expertise. You probably think that it is not enough and perhaps it isn’t. Due to your schedule of one day on and two days off many of you have second jobs or are business owners. It is something that nearly every other employee working a traditional 5 day a week job does not have the luxury of doing.

As a former councilmember and now private citizen of Glendale whatever concerns I have had or do have about the policies of fire service delivery have never been about you but they have been about the union that represents you and some of the goals and the tactics the union uses.

 I go nuts when in reviewing fire’s pay for major events such as this past Super Bowl and I see some fire department employees earning $220 an hour in overtime pay. I’m sorry but I think that is outrageous. There are many other professions in which their members earn far less than $220 an hour in overtime pay. It breeds a lack of sympathy among the general public.

The Glendale fire union’s latest stunt was averted by councilmembers who realized the fragility of Glendale’s current budget situation at their city council meeting of May 26, 2015. Sherwood and Chavira pressed to use reserve funds but they did not prevail. Sherwood is supportive because he needs all the help he can get in facing his recall election. Chavira is a Phoenix firefighter and has an obligation to support anything the fire union wants.

When Glendale residents picked up the Glendale Republic of May 23, 2015 the headline screamed Fire department understaffing stirs concerns in an article by Matthew Casey. It reflected a deliberate strategy by Joe Hester, President of the Glendale chapter of the fire union, (who really runs the department) to use scare tactics to get additional revenue now…immediately…to expand the fire department. Hester said, “It seems pretty obvious there is a crisis by any way you measure it. Our folks are extremely disappointed in the budget process.” Here is the link: http://www.azcentral.com/story/news/local/glendale/2015/05/22/glendale-fire-department-understaffed/27713737/ .

The most telling statistic in the article was provided by Glendale Fire Chief Mark Burdick. He offered Glendale Fire Department response times for 90 percent of calls by year:

  • 2010 8 minutes 11 seconds
  • 2011 8 minutes 10 seconds
  • 2012 8 minutes 6 seconds
  • 2013 8 minutes 12 seconds
  • 2014 8 minutes 12 seconds

So where is the crisis? Today’s response time is the same response time as in the previous 5 years. Another fact often ignored is that Glendale is one of ten cities in the state accredited by the non-profit organization, The Center for Public Safety Excellence. Glendale would not have received its accreditation if its response times were not acceptable. This agency is responsible for accrediting individuals and agencies internationally. It is a much coveted accreditation and Glendale is proud to have measured up to its criteria. Do you really think Glendale would have received its accreditation if its response times were not acceptable?

The statistic Chief Burdick provided is telling for another reason. Now that he is soon-to-be retired as Fire Chief he has begun to tell it like it is. As a councilmember 5 or 6 years ago Chief Burdick and I had a conversation about the union and its influence within the department. There was much he wanted to say but he was obviously reluctant to speak freely about the union and its influence and he refrained. I could sense that he was embarrassed that he could not speak freely.

The purpose of this article released just before the council meeting was to pressure the city council to change its budget strategy and to use general fund contingency or unappropriated fund balance to purchase more equipment and to hire more personnel immediately.  Let’s look at some facts not clearly addressed in the article:

  • Fact #1 – Glendale is experiencing an increased call volume. Why? Glendale’s population has barely increased and in fact, Glendale is anticipated to lose state shared revenue because its population growth is low compared to other Valley cities. Much of its increased call volume are responses due to Automatic Aid.
  • Fact #2 – Glendale is a member of the Valley-wide automatic aid system. If the closest fire station is busy and Glendale is the next closest, Glendale is dispatched to handle the call out of its city. The Republic article acknowledged that “Glendale responded about 3,300 more times to calls in Phoenix and Peoria than those cities responded to Glendale combined.
  • Fact #3 – Glendale uses overtime to make up for its increased call volume. It is insane to send a large truck with 4 personnel to medical calls when 80% to 90% of its calls are medical. There are other strategies such as 2 person ambulances being employed right now, this very minute, to respond to emergency medical calls. It’s time for Glendale to adopt one of them.

Shame on the fire union for attempting to scare people into giving them the financial resources they want right now.  Shame on the fire union for attempting to expand its empire rather than looking at other strategies for response to medical calls.

No one asked the question: The fire department’s budget comes from the city’s general fund. It has been acknowledged that they want an additional $2 to $3 million and that does not include the additional monies needed to pay the salaries and benefits for more personnel annually. What department in the general fund do they want to cut by $2 to $3 million? What other city service are they willing to sacrifice to meet their needs right now?

In response over the next few months the council will take a measured look at the entire issue of adequate resources for public safety and that includes the police department. Five of the councilmembers did not rush to judgment as Sherwood and Chavira pressed them to do.  They realize that there is a problem but they were not ready to sacrifice other city services to give the fire union what it demanded. They also realize that there is no quick fix. It will take several years to implement a viable solution. The men and women of the Glendale fire department want what is best for their city. Too bad their union is not listening to them.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Foothills Library Update: All three commissions, Arts, Library and Parks & Recreation, having met this week have voted to disapprove the proposal to sell the Foothills Library. Their recommendations will be presented to the city council at the March 3, 2015 workshop.

It seems Councilmember Gary Sherwood requested formal meetings by going through the council office to set up appointments with Councilmember Lauren Tolmachoff and Councilmember Bart Turner. The upshot of each meeting was that Sherwood advised each of them that he would be monitoring their performance and would, at some future date, critique them. How’s that for chutzpah? Coming from a councilmember with two years of experience, under investigation by the Attorney General’s Office for alleged Open Meeting Law violations and now facing recall from office. From all accounts he did not meet in a “mentoring mode” but rather to put them on notice that he would be watching them. Are you astounded? I have never heard of such behavior. I expect each of them advised him to not let the door hit him on his way out.

Sherwood also announced at his district meeting held on February 26, 2015 that he would be meeting with Kathleen Goeppinger, head of Midwestern University to explore the idea of allowing Midwestern to build an addition to Foothills Library for Midwestern’s use. He couldn’t be offering this idea to gain support from Goeppinger for Becker billboards (or perhaps hit her up for a campaign donation to his recall campaign), could he? At the last billboard go-around Goeppinger was on record as being opposed. Sherwood’s habit and pattern seems to be to insert himself into situations, in an attempt to broker deals. Isn’t that an administrative function best left to Glendale staff? Aren’t his actions in trying to broker the arena management agreement enough of a warning that perhaps he shouldn’t participate in such activities? Mayor Weiers, representing all of Glendale or Cholla district Councilmember Tolmachoff where the library is located should be none too happy about Sherwood’s insertion of himself into the situation.

Councilmember Bart Turner had a turnout of about 100 people at his district meeting. Councilmember Sherwood had about 30 people. Some of the Sherwood attendees questioned his position on issues, commented on his non-responsiveness to his constituents’ concerns and infrequency of his district meetings (last one was about a year ago). Perhaps before Sherwood tells other councilmembers how to do their job, he should clean up his own act.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

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