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Joyce Clark Unfiltered

For "the rest of the story"

Apr 14

5

The casino, again…

Posted by Joyce Clark on April 5, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , , | 2 Comments

Recently the Arizona Republic started a new item, West Valley Sound Off. They are contacting West Valley elected to get their positions on issues of the day. Their first foray question was, “Do you support the development of this proposed casino? Why or why not?” Those from Avondale, Buckeye, Goodyear, El Mirage, Litchfield Park, Peoria, Surprise, Tolleson and Youngtown declined to answer. Not so with our brave, intrepid leaders in Glendale. Three of them did respond.

Councilmember Manny Martinez has consistently opposed the casino since it was first proposed in 2009. He gets it. He said, “I do not support the proposed Tohono O’odham reservation and casino. I am very concerned for Westgate’s well-being if the casino is opened. How do casinos attract customers? Cheap booze, cheap food, and the cost of rooms are minimal. At Westgate, we have hotels and restaurants that pay taxes and help us pay off our debts. If the reservation and casino come in, as a sovereign nation, they would pay no federal, state, county or city taxes. Governor William R. Rhodes of the Gila River Indian Community said, ‘We believe the Tohono O’odham Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, Glendale and every Arizonan.”

Then we have words, signifying nothing, from Councilmember Chavira. He doesn’t get it and he is not representing the majority sentiment of the residents of West Glendale and the Yucca district, who will feel the direct impacts of the proposed casino. He mimics the same, old, tired rhetoric that the Tohono O’odham have used ad nausea, “Yes, I do support the development of the proposed West Valley casino and resort. The benefits of the development will be significant not only for Glendale, but for the entire West Valley. Positive economic impacts such as job creation and an additional tourist attraction in our sports and entertainment district are among the benefits.” I’m sure he knows, uhmmm, well, perhaps he knows…that 25% of the jobs must be filled with Native Americans.

Lastly, Councilmember Sherwood responded. This is a guy who, less than two years ago, ran on a platform of opposition to the casino. Now, not so much. He did a flip-flop at a very recent council meeting voting with Councilmembers Hugh, Alvarez and Chavira to reject U.S. Representative Franks’ HB 1410 and to begin negotiations with the Tohono O’odham (TO). Many suspect his affirmative vote was pay back to Chavira for Chavira’s vote in support of the arena management deal. “Neither – I will support the project if the Tohono O’odham Nation can be treated as close to a private entity as possible and having some form of revenue stream into the city’s general fund. Additionally, infrastructure including any street improvements, public-safety agreements, et al. would have to be included and enforceable in federal courts. Thus far, in fact-finding sessions, the Nation appears to be very amenable to this. Businesses such as Westgate, Renaissance Hotel, Coyotes and Tanger Outlets, to name a few, are also in support of proposed project. The sports and entertainment district could very well capitalize on a project of this size if it meets the city’s criteria.” He appears to be back-pedaling as he straddles a very narrow  fence, by adding his list of caveats. His declaration that,” Westgate, Renaissance Hotel, Coyotes and Tanger Outlets…are also in support” is downright laughable. There has never been a declaration of public support for the proposed casino from these entities. Have you seen it? I haven’t. Remember when the possibility of losing the Coyotes as an anchor tenant at the arena loomed? Bar and restaurant owners were beside themselves and declared without 40 nights of hockey games they couldn’t make it. They are not going to support a casino that will draw customers away from them knowing that potential consumers will spend disposable income on gambling, subsidized meals and booze and cheap room rates. If they are so willing to commit financial suicide, let’s see them do it publicly. Not one representative of these entities went to the last council meeting when TO negotiations was on the agenda and expressed public support of the project. Sherwood had no public letters of support from these entities that he could read into the record that evening. It’s time for Sherwood to cease making declarations that may not be accurate. Just because he said it, doesn’t make it true.

© Joyce Clark, 2014

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Apr 14

2

April Fools’ Day

Posted by Joyce Clark on April 2, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , | No Comments yet, please leave one

The City Council Workshop occurred on April Fools’ Day. Councilmember Alvarez was not physically present but did participate telephonically. Does this signal another medical issue and another long period of absences? The 3 items up for discussion were: the Risk Management Trust Fund and Workers’ Compensation Trust Fund; Downtown Parking and the Procurement Process.

Upper management is recommending that the Risk Management Trust Fund and Workers’ Compensation Trust Fund be separated. It’s a rearrangement of the deck chairs which in this case does no harm. Many of the proposed changes had been recommended by the citizen Risk Management and Workers’ Compensation Trust Fund Board as a result of the audit and were made just before I retired and while I was still chairperson.

Downtown parking was up next. A survey had been distributed to the downtown merchants about the issue. The response was underwhelming. The conclusion by staff was that the 2 hour parking restriction at some locations is a non-issue and recommended no change to the current policy. Mayor Weiers and Councilmember Hugh, as a minority, expressed continued concern and believe that all 2 hour parking restrictions should be lifted.

The last item was a presentation by Tom Duensing, Executive Director of Finance and Michael Bailey, City Attorney, on the procurement process. There is no question that current policies are fuzzy, at best. It most certainly is time to tighten up policies in this area. However, the recommendations offered by staff still preserve a lot of discretion (read in staff terms, flexibility) for the City Manager. Not good enough. City council needs to be fully informed about every type of procurement which has not been a past practice. Practices that need reformation include the policy of not requiring bids or quotes on purchases less than $5,000. This is a practice that can bleed the city of dollars by a thousand paper cuts. These purchases are cumulative and can add up quickly. At the very least written memorialization of these purchases should be made and provided to council periodically even though no bids or quotes are required. Purchases between $5,000 and $10,000 allow the policy of verbal quotes. There should be no verbal quotes allowed.

There may be reason for an emergency purchase greater than $50,000. Currently the policy requires city manager approval and council confirmation after the fact.  This practice should be revised to inform the council (at the time of occurrence) of the city manager’s approval of such purchases. The city manager currently requires written determination from the materials manager justifying such purchases. The code should be revised to require the city manager to provide council with the determination the city manager receives from the materials manager.

Upper management continues to advocate for the provision allowing the city manager to allow exemptions and exceptions. It is time to end this practice. There should be no exemptions or exceptions for it can, and often does, lead to misinterpretation and misconception.

Under Council Special Items of Interest, Councilmember Alvarez asked for further clarification on city policy regarding irrigation. She also asked for a discussion on diversity. She was as clear as mud as to what about diversity she wanted discussed. The city already has very strong diversity policies. Councilmember Martinez requested that the issue of short term rentals be taken up. Councilmember Sherwood asked that the policy of traffic signals flashing at midnight be revised to begin at 10 PM. Vice Mayor Knaack asked that the city consider electronic voting for city council meetings.

It was another meeting short and sweet. So many questions to be asked and so few actually offered.

© Joyce Clark, 2014

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Mar 14

26

Billboards 0, casino 1…

Posted by Joyce Clark on March 26, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale zoning issues • Glendale's Fire Union  | Tagged With: , , , , , , , , , , , | 6 Comments

The Glendale City Council meeting of March 25, 2014 was reminiscent of many meetings I attended. It was one of those marathon sessions, lasting well over 4 hours, attracting many public speakers. The council approved a contingency fund transfer of over $6 million for the arena management fee and accepted staff’s recommendation that retirees will now pay the full liability for their medical insurance. Curiously current city personnel will remain heavily subsided by the city (read, you, the taxpayer).

However, the two big issues were billboards along the Loop 101 and Bell Road and the resolution to officially rescind city support for U.S. Representative Trent Franks’ legislation, HR 1410.

One could see a sea of yellow t-shirts in support of allowing billboards adjacent to the Loop 101 and Bell Road. Jordan Rose of the Rose Law Group delivered a strong, and very, very long presentation on behalf of Becker Boards. Yet speakers against the proposal outnumbered those supporting 2 to 1. It was assumed by many that it was a done deal and would win approval. After all, Councilmember Sherwood had publicly announced that he had the four votes needed for its passage. Can you say, “blind-sided?” The ultimate vote was 5 to 2 against. Only Councilmembers Sherwood and Alvarez voted in favor of Becker Billboards.

Sherwood’s advocacy for the billboards may be more easily understood as one of the speakers questioned his support in terms of the campaign contributions he had received from the stakeholders. A quick pass of his campaign finance reports reveals at least $1,960 received from members of the Rose Law Group and another $1,720 received from members of the Becker family. Approximately 1/5 of his total campaign contributions came from these two entities.  

As a side note, seeing the large campaign contributions from fire unions, fire PACs and union firefighters in Sherwood’s campaign filings has piqued my interest. Look for a future blog that details how much money these fire union entities poured into Glendale’s last election cycle in 2012 and to whom. I suspect it will surprise us all except for the fire unions who probably know to the penny.

Councilmember Alvarez, on the other hand, cast a spite vote in favor of the billboards. After all, if her district must suffer their blight, why shouldn’t North Glendale suffer too?

The other hot issue was a vote by a majority of council to reject Representative Trent Franks legislation (HB 1410) to prohibit casino construction in the Phoenix Metro area after August of 2013. Council’s vote on this issue was much closer this time, 4 to 3, with Councilmembers Alvarez, Hugh, Chavira and Sherwood (perhaps as payback to Chavira) voting in the affirmative. The result of this congressional bill would be to stop the Tohono O’odham in their tracks. You can be sure it will result in another court battle. In the meantime court decisions are not yet settled in the 9th Circuit Court and in the Supreme Court.

Plain and simple, the Glendale City Council should not have done this. It is a slap in the face of a supportive bipartisan congressional coalition made up of the likes of Franks (R), McCain (R), Pastor (D) and others—virtually the entire Arizona Congressional delegation is in support of Franks’ legislation. The State of Arizona has a law on the books—the voter approved Gaming Compact of 2002. Since when can a city council pick and choose which laws it will uphold? It is a premature action that can result in futility should the court cases be resolved against the Tohono O’odham or Franks’ bill become law.

Mayor Weiers read a letter from Representative Franks expressing his disappointment with this council’s action and his pledge to continue to move this legislation forward. The Mayor also expressed concern that should the Tohono O’odham prevail the State Legislature will move to allow gambling state-wide, no holds barred. Many neighborhoods, state-wide, not just in the Phoenix Metro area, may become victims of new casino construction, not just by state tribes but by gaming interests throughout the country.

I, the former Yucca district councilmember, along with many, many Glendale residents, especially in the district affected, the Yucca district, urge the Gila River Indian Community and the Salt River-Pima-Maricopa Indian Communities to stay the course. Continue to fight this deception perpetrated by the Tohono O’odham on you, its sister tribes.

I urge Representative Franks to also stay the course. The 4 current councilmembers who voted to pass this resolution do not represent the majority — Glendale residents opposed to this intrusion. They are misguided–swayed by the promises made to them by the Tohono O’odham. Yet how can we trust a tribe that used deception to buy the land and keep it a secret for 7 years? How can other tribes trust the tribe that used deception and secretly was planning to build a casino while advocating for a state compact that promised no new casinos in the Phoenix Metro area? Anyone who relies upon the Tohono O’odham’s word after having seen their deceptions is a fool. It looks like we’ve got at least 4 fools on the Glendale City Council. Sigh…

© Joyce Clark, 2014

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.

Mar 14

20

Taxes…are they worth it?

Posted by Joyce Clark on March 20, 2014
Posted in Camelback Ranch Spring Training Facility • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Jobing.com arena  | Tagged With: , , , , , , , | 4 Comments

As promised here is the rest of the story on the city council workshops held on March 18, 2014. The morning session was devoted to money – the budget, the medical benefits plan and an increase in fire staffing.

The General Fund budget discussion yielded some important gems of information. Staff, for the first time ever, used zero-based budgeting. It is a methodology for which I advocated for years. It’s about time.  There will be $15.5 million in expenditure reductions and revenue enhancements. Most of the reductions are of the smoke and mirror variety and reflect internal movement of monies. The only exception is that all departments will make cuts totaling $4.75 million. The lion’s share of those departmental cuts is the result of eliminating unfilled, vacant positions. This is a strategy that has been used before reluctantly.

When council got to departmental budget cuts Councilmembers Martinez and Knaack again asked the rest of council to return a portion of their council budgets to the General Fund as a signal that they were willing to absorb some of the same pain other departments were enduring. Vice Mayor Knaack again expressed her concern and displeasure about Councilmembers Alvarez’ and Hugh’s practice of giving the lion’s share of their council budgets to non-profits. Once again, Alvarez dug in her tiny toes and said she would give up nothing.

The big budget take away is this: Glendale residents will experience a 2% increase in their property tax rates and the temporary sales tax increase will now become permanent. For one reason only. As Tom Duensing, Executive Director of Finance said, “The level of contractual obligations (Jobing.com Arena and Camelback Ranch Ballpark) is unique to Glendale.” If not for these two major debt burdens, “Glendale’s financial picture would look very different.” He went on to say according to the major rating agencies a city’s debt burden should be under 10% and most are in the 8% range. Glendale’s debt service burden is in the 25% to 28% range. Translating it means that the reason your taxes are increasing or in the case of the temporary sales tax increase remaining, is because of the debt created by Jobing.com Arena and Camelback Ranch Ballpark. That has been the elephant in the room that no one wanted to acknowledge. Glendale staff finally has done so. When will your councilmembers finally admit that these two city-owned properties are the reason?

How did the council fall on this issue? Councilmembers Martinez, Knaack, Chavira and Sherwood (a majority) gave approval and direction to remove the sunset provision from the temporary sales tax increase thereby making it permanent and to increase Glendale’s portion of your property taxes by 2%. Councilmembers Alvarez and Hugh wanted the sales tax issue to go before Glendale voters and silently gave approval to the property tax increase. Mayor Weiers wanted an additional week to confer with major stakeholders in Glendale. He didn’t get it but we can presume that he supports the majority council action taken. The next budget workshops are scheduled for April 8 and April 10, 2014.

One perplexing comment made by Mr. Duensing was that WITHOUT the temporary sales tax increase the ending fund balance is ONLY a positive 10% in 2017. If this is correct, One would think a positive fund balance of 10% seems to negate the need to make the temporary sales tax permanent.

Another issue taken up was the medical benefits plan. Retirees can expect another substantial increase to their monthly medical insurance payments while current employees will see no increase. Jim Brown, Executive Director of Human Resources (weren’t they getting rid of “Executive Director” titles??), said there would be no increase to current employees but retirees are an unfunded liability causing the increase in their premiums.

The last issue was an increase in fire staffing of 15 fire fighters as a result of a SAFER grant. As with a COPS grant there is a sliding scale and the SAFER grant will cover the first two years of fire fighter salaries. After that, the city will absorb the costs. Chief Burdick said that with the addition of 15 fire fighter positions there should be a savings of an estimated $400,000 in overtime pay. Let’s hold him to his word.

Lesson learned is that taxes are remaining or increasing because of the debt burden created by the city-owned Jobing.com Arena and Camelback Ranch Ballpark. Are they worth it to Glendale residents?

© Joyce Clark, 2014

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.

Mar 14

19

Councilmember Gary Sherwood can’t have it both ways on the casino

Posted by Joyce Clark on March 19, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues  | Tagged With: , , , , , , , , , , , , | 1 Comment

March 18, 2014 was a “two-fer” in terms of council workshops. The morning session focused on the budget: General Fund budget balancing; Employee medical benefits; and fire staffing. The afternoon city council workshop also had 3 items of discussion: the Becker billboard request; a possible archery range at Heroes Park at 83rd and Bethany; and the Tohono O’odham casino.

I am going to discuss only one of those items here and now – the proposed Tohono O’odham (TO) casino. All of the other items will be covered in a subsequent blog.

In a prior meeting Vice Mayor Knaack requested an assessment of the impact of the proposed casino on the city and during the day’s discussion reminded staff of her original request that: staff (City Attorney Michael Bailey) bring back an assessment of the impact (fiscal and otherwise) of this proposed casino on Glendale; and that staff meet not only with the TO but with the tribes in opposition to the casino. Was Bailey too busy with his tablet and smart phone to pay attention because he fulfilled none of Vice Mayor Knaack’s request? He simply regurgitated former City Attorney Craig Tindall’s well-researched legal opinion on the matter. His actions could be construed as those of someone who is lazy and ill informed. He did not provide this council with Knaack’s original request: that of an assessment of the impact on the city.

Somehow or other the council discussion, at Councilmember Alvarez’ instigation (in person no less), moved to negotiating directly with the TO and opposing Franks’ bill. Chavira and Hugh immediately expressed their support. Mayor Weiers and Councilmembers Martinez and Knaack voiced their dissent. None of this was a vote, as council does not vote at workshop, but gives direction to staff through a majority support to move forward to investigate, plan and bring back information to be voted on in a council meeting.

Four councilmembers (a majority) gave direction to initiate negotiations with the TO and to express the city’s opposition to Congressional Representative Trent Franks’ bill, HR 1410. To what end no one knows because there are still lawsuits to be settled that will determine the proposed casino’s fate.

Councilmember Martinez, in opposition, quoted from a very eloquent article written by former Governor Rhodes of the Gila River Indian Community in the Arizona Republic on October 20, 2010.. The former Governor said, “There’s no literal translation in English that does justice to the tribal word, ‘himdag.’ As Governor of the Gila River Indian Community, himdag guides my every decision, my every action. Himdag, as passed down by our elders across hundreds of years, teaches us to respect for all things, including the value of a promise, abiding by the law and concern for the welfare of others.

Respect as a guiding principle feels old-fashioned in the 21st century, but it exists all the same – even when our community is compelled to sign its name to a lawsuit against the United States Department of the Interior.

You may have read about that lawsuit filed Spt. 16. You may have also read about Glendale’s lawsuit to stop the casino, filed this week. Out of respect, I believe that I must explain the reasons why my community to pointedly disagrees with Washington and with a southern Arizona sister tribe’s plan to build a casino on land they secretly bought in Glendale, 160 miles from their reservation headquarters.

My explanation can be summed up in a single sentence. We believe the TO Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, Glendale and every Arizonan.

At the crux of our lawsuit is clear evidence that the proper procedure for creating an Indian casino has been sidestepped. I’ll leave the legal wrangling to the lawyers, bit in the 21 months since our sister tribe surprised us with plans to build a casino on our aboriginal lands, our community has learned more than we would care to about legal loopholes, PR spin and shading the truth. The surprises have continues to come, and so have the disappointments especially where our sister tribe is concerned.

In the past, my community and the TO Nation have lived side by side and mutually benefited from our entwined cultures and interests. There’s no better example than the Indian gaming compacts ratified by Arizona voters in 2002. Proposition 202, supported by 17 tribes statewide, including the Gila River and TO communities, created a sound but delicate balance, a promise, that kept casinos out of urban neighborhoods, gave much needed revenue to the state and created an economic engine to lift every tribal community.

To see that balance upset and that promise broken – and to see one tribe use secrecy and legal maneuvering to benefit at the expense of every other tribe and our state – is difficult to comprehend, let alone stand for in silence.

Thus the Gila River Indian Community has taken our case to federal court. Our first goal is to force the federal government to apply federal gaming laws evenly. Never before has a tribe been allowed to “shop” for reservation land half a state away from its homeland, then open a casino on the newly created “pocket reservation.” That not only flies in the face of federal gaming law, but in the face of every Arizona’s vote for Proposition 202.

As for our sister tribe, I know our disagreement is temporary. Himdag has a place of supreme importance in their culture, too. I would like to believe that their leadership will rediscover their way soon enough. I believe we can achieve more together than apart and that greed should never be allowed to trump respect for all things.”

The deciding supporter of Alvarez’ plea was Councilmember Gary Sherwood. Mr. Sherwood can not have it both ways despite the rambling, confusing and often contradictory reasons for his decision. On one hand he says he still supports City Council Resolution 4246 that stated that the city is officially opposed to the TO casino.  It’s important to quote part of that resolution, “Whereas, the City believes that the Tohono O’odham Nation’s assertions and the basis upon which it makes these assertions are incorrect, poor public policy, in violation of the governmental rights, privileges, and authority of the State of Arizona, the County of Maricopa, and the City of Glendale, and are contrary to the best interests of the Citizens of the State of Arizona, the County of Maricopa, and the city of Glendale; and Whereas, the City of Glendale, consistent with the Indian tribes voicing opposition to the Tohono O’odham Nation’s application, opposes off-reservation gaming, including this current effort by the Tohono O’odham Nation to establish gaming on the Proposed Reservation Land, as contrary to the terms of Proposition 202 as presented to the people of the State of Arizona in 2002 and supported by, among other, the Tohono O’odham Nation.” Here is the link to Bailey’s (really Tindall’s legal opinion): http://www.glendaleaz.com/Clerk/agendasandminutes/Workshops/Agendas/031814-W03.pdf .

On the other hand, Sherwood then launched into a monologue stating, in essence, the TO casino will create “synergy” with Westgate and drive more business there. In a pig’s eye and he knows it. Subsidized food, drink and room rates at the TO proposed casino will undercut every restaurant, bar and hotel in the Westgate area. Despite his statement that he still supports opposition to the proposed casino and it will be “contrary to the best interest of the City of Glendale and of the citizens of the State of Arizona” he then supported moving forward with negotiations with the TO and opposition to Franks’ bill.  On one hand he says he opposes the casino because it earns not a penny of revenue for Glendale yet on the other, he is prepared to negotiate and facilitate their eventual presence.  His position is illogical yet he became the fourth councilmember needed to achieve consensus and direction.

Why? Sometimes things become clearer with perspective. Think back to the arena deal vote. Sherwood knew Weiers, Hugh and Alvarez were opposed to the arena deal and Martinez and Knaack already supported him and the deal. The vote was split, 3 to 3. He discovered those 5 members could not be dissuaded. Whether one agreed with or opposed their positions they had the principles of their conviction and could not be moved. He desperately needed that 4th vote of approval for the arena deal.

Who was left? Newly elected Sam Chavira — of course. Whispers of this scenario have circulated for months. If Chavira voted for the arena deal, in return Sherwood would support the casino. Is it true? I don’t know but it makes perfect sense and certainly seems to fit the known facts. Did each sell their souls? For what? Political back scratching? To be recognized in public hockey town halls as the saviors of the Coyotes? Reelection financial support from hockey and TO stakeholders with deep pockets?

But at whose expense? The citizens of Glendale locked into unsustainable arena debt of an estimated $27 million a year with a council unwilling to make the budget cuts that make the arena deal feasible? The Westgate area business owners who will suffer from unfair competition? The residents of West Glendale whose property values will decline with the advent of a casino while crime and traffic increases? The Westgate business owners who will suffer from unfair competition?  The Indian tribes who joined the State Compact in good faith? The voters of the State of Arizona presented with a plan to limit casino locations?

These politicians were just that –typical politicians, exemplifying the worst of the offices they hold. Sherwood delivered an irresponsible and dangerous signal to casino friends and foes alike. His flip flop on one of his campaign promises should be remembered when he runs for reelection. Given this, expect him flip flop again and to support the hated billboards proposed for North Glendale.  After all, he confessed that all of the fuss over the billboards was “baffling” to him and he was “pro-business.” There is no statesmanship here.

© Joyce Clark, 2014

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.

Mar 14

13

Connections…

Posted by Joyce Clark on March 13, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Jobing.com arena  | Tagged With: , , , | 9 Comments

In the March 13, 2014 edition of the Arizona Republic there is a story by Paul Giblin and Craig Harris entitled Contract violated Glendale Policies. Here is the link: http://www.azcentral.com/story/news/local/glendale/2014/03/13/contract-violated-glendale-policies/6359209/ .

It reports that former City Attorney Craig Tindall may have used his influence to award a no-bid contract for the city’s external audit to a friend, Jose de Jesus Rivera of the firm of Haralson, Miller, Pitt, Feldman and McAnally. Apparently Tindall was close enough and comfortable enough to Rivera to send an email on his city computer soliciting tax exempt tuition funding for his son.

Typically contracts over $50,000 are required by city policy to go out to bid as a Request for Proposal (RFP). As a professional services contract that requirement may not have been necessary but there remains a question of undue influence. Surely for a contract of this dollar amount, while not required to go to bid, it may have been prudent to do so. Members of the Glendale City Council seem to be shrugging their shoulders while kicking the can down the road and alluding to “that’s the way it has always been done.” They don’t want any part of this latest debacle.

By the end of the external audit the cost would be over half a million dollars, ten times the amount required for an RFP. Rivera thought there would be an RFP and asked Tindall via email about its timing and release. Instead Tindall submitted a memo to then Interim City Manager Horatio Skeete recommending the use of Rivera and his law firm. Skeete wanted to put the contract out for bid and to issue an RFP but for reasons unknown that did not occur. The result of the external audit was to place blame on Skeete and to completely exonerate Tindall. Could it have been that Rivera, as Tindall’s friend, was well aware of the bad blood between Tindall and Skeete? As friends it appears plausible they may have discussed it. Did that knowledge play any role in the final outcome of the external audit? It seems to be worth your consideration and your decision.

Was the external audit result payback to Skeete by Tindall for having lost his bid to become Interim City Manager? It there a connection between Tindall’s failed attempt to become Interim City Manager and the audit conclusions? You will have to decide. It was a bloody battle for the position of Interim City Manager. Tindall’s supporters on city staff lobbied me and I assume, the rest of council, disparaging Skeete. No such effort occurred on the part of Skeete or any supporters he had. During this period Tindall apparently stalled contracts and other documents on his desk seemingly in an effort to further bloody Skeete’s nose. Council was evenly split between the two candidates and it was Alvarez who broke the tie in favor of Skeete. It appears that Tindall wanted the position far more than he was willing to admit publicly and was disappointed that he did not prevail.

The Republic story goes on to say that Tindall is under on-going investigation by the state Attorney General’s regarding the issuance of this no-bid contract. He is also under an on-going investigation by the state bar as a result of a complaint filed by former Councilmember Phil Lieberman regarding a presumed conflict of interest. Lieberman’s complaint alleges Tindall was employed by the city while he also was general counsel to IceArizona, successful bidders on the Jobing.com Arena management contract, constituting a conflict of interest. I do remember a conversation had with Tindall during the period of the Jamison bid for the arena management contract and his assertion that he was talking to other “serious” bidders ready to come forward if the Jamison bid failed. Was Anthony LeBlanc, of IceArizona, one of those “serious” bidders? How much information about the Jamison bid was shared with these “serious” bidders? Skeete alleged to me, and presumably other councilmembers, that Tindall appeared to be holding up negotiations as the Jamison contracts sat on his desk for inordinately long periods of time. When Skeete was queried as to his awareness of the most recent Jamison contract amendments, his response was that Tindall still had them and he had not seen them. Were these actions by Tindall more payback to Skeete or even worse, was it an attempt to railroad the Jamison bid in favor of these other “serious” bidders? I don’t know and don’t know if we will ever find out. All we know is that there are connections – between Tindall and Rivera; Tindall and Skeete; and Tindall and “serious” bidders for the arena management contract.  What part these connections played in the outcomes is yet to be discovered.

© Joyce Clark, 2014

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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 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.

Mar 14

2

An idea whose time has come

Posted by Joyce Clark on March 2, 2014
Posted in Camelback Ranch Spring Training Facility • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Jobing.com arena  | Tagged With: , , , , , | 1 Comment

Glendale Mayor Jerry Weiers delivered his State of the City remarks to a packed audience at the annual Glendale Chamber of Commerce dinner at the Renaissance Hotel on Thursday, February 27, 2014. Although his news about Glendale’s finances was dire it was also a fair assessment. He is to be commended for his forthright speech. Here is a link to a recap: http://www.azcentral.com/community/glendale/articles/20140228glendale-arizona-state-of-the-city-mayor-financial-problems-real.html . Here is also a link to a Mayor Weiers You Tube video that visually explains Glendale’s debt and revenues: http://www.youtube.com/watch?v=s2nBWBojUh0&feature=em-share_video_user .

He didn’t remark on how Glendale got to where it is today financially but I will because I was one of the council that got us there. Although I approved the arena I did not approve of Ellman’s plans for his development of Westgate. His “vibrant” building colors look like WalMart on steroids and his billboards are monstrosities. He also would not dedicate an additional land to place another eastbound lane on Glendale Avenue. I was more reluctant about Camelback Ranch but the deal called for future reimbursement by the Arizona Sports and Tourism Authority (AZSTA). I agreed because there were development plans in place for the surrounding land and an AZSTA reimbursement on the horizon.

Council knew we would never be a Scottsdale, the west’s most western town; or a Tempe, a college town; or a Chandler and Gilbert, with their high tech manufacturing. We believed that these facilities would create a niche, a branding of Glendale and that they would help to grow Glendale.  After approval of Camelback Ranch the city began negotiation to place a USAA basketball training facility in the area. It looked as if we were about to add another major sporting facility. Glendale’s future looked bright.

There are two major contributors to Glendale’s current debt burden: Jobing.com Arena and Camelback Ranch Spring Training Facility. At the time of these facilities’ approval it was clear that Glendale could sustain the debt. Deals were in place to develop commercial and retail around both. They would generate new sales tax revenues to cover the expected construction debt. The arena did not have an annual management fee. Glendale’s economy was surging as was the national economy.

There was no hint of the Great Recession that would lay waste to so many of Glendale’s plans. Glendale’s sales tax and property tax revenues sunk like a stone as did its state shared revenue.  Developers and their plans dropped like flies as one after another went into bankruptcy.

Suddenly the city’s debt had become unsustainable.

What was council’s plan back in the day? It was three fold. Pass a temporary 5 year sales tax increase to provide much needed revenue while other strategies took hold; restructure our debt; and embark on a 5 year plan of targeted cuts to expenses while rebuilding the city’s contingency fund. It was even suggested, at the time, by Interim City Manager Skeete that the city sell the arena. I was shocked by the thought at the time but over time, it has become an idea that has a great deal of appeal.

It is no coincidence that Glendale’s future debt burden is about $30 million. That is very close to the city’s annual arena debt: $12-13 million in an annual construction debt payment; $500,000 to $1 million annual payment to a capital repair account; and $15 million in an annual management fee. The solution of selling the arena at fair market value is now very appealing. While the city loses money already invested in the facility the bleeding stops. Suddenly there would be no more construction debt; no more annual management fee and no capital repair account to maintain. It’s an idea whose time has come.

© Joyce Clark, 2014

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.

Mar 14

1

Billboard applicant pulls rabbit out of hat

Posted by Joyce Clark on March 1, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale zoning issues  | Tagged With: , , , , | 4 Comments

The Glendale City Council meeting of February 25, 2014 was contentious. Everything was truckin’ along until Item 19, the billboard issue. Whoa…not so fast! The council vote was tabled. It was widely assumed that Councilmember Sherwood had the votes to ram it through. It turns out that was not the case. Somewhere along the way he, Rose Law (applicant’s representative) and Becker (applicant) realized the votes were not there. Their fall back plan was to table, hopefully providing them more time to bring reluctant councilmembers into the fold. The vote to table and bring to a council workshop on March 18 and council meeting on March 25 was 5 to 2. Vice Mayor Knaack voted “No” and observed that this issue was “being pushed out until the answer changes.” Councilmember Martinez also voted “No” and said the move smacked of “desperate measures.” Weiers, Sherwood, Alvarez, Hugh and Chavira voted “Yes.”

There were at least a dozen or more citizens there to voice their opposition to the billboards. Sherwood, in the past, characterized the billboard opposition as “a minority.” Not so. It’s usually the case that every citizen that takes the time to get actively involved in an issue represents a large segment of silent citizens. 

Most of the public stayed until the end of the council meeting to express their dismay with council’s non-action. Michele Tennyson from the Cholla district expressed their collective sentiment quite well. Ms. Tennyson had served on a city council in Mill Creek, Washington and after locating to Glendale, served on various Glendale boards and commissions. She obviously knows how political games are played. She said she was “ashamed” by council’s conduct and decision to table the issue. She related the timeline and history of actions taken. She made it quite clear that there was no reason to delay an up or down vote. Ann Berman, a Sahuaro district resident, said “Sherwood seems to have made a decision” and alluded to the fact that it is not in the public’s favor. Others pointed out that the next scheduled council vote would occur during Spring Break when many people take the opportunity to go out-of-town. Clearly the residents of the Sahuaro and Cholla districts, directly affected by the erection of these billboards, do not want them.

During the council comment period at the end of the meeting those who spoke offered hints regarding their positions on the issue. Councilmember Sherwood attempted to explain why it was necessary to table the billboard issue. Councilmember Alvarez told the citizens that they need “to make the council accountable.”  Councilmember Martinez characterized council’s actions as “blatant” and “a slap in the face” to the decisions already made by the citizen Planning Commission and staff. Vice Mayor Knaack described it as “unforgiveable” to disregard the Planning Commission’s decision.

Others were silent about that issue but offered a wide range of comments on other topics. Sherwood, Chavira and Knaack voiced their opposition to SB 1062 (although Knaack cited the wrong bill number). Several thanked Executive Directors of Communication/Marketing and Transportation, Jerry McCoy and Jamsheed Mehta, for their service as they move to take positions with other cities. Mayor Weiers characterized it as a “brain drain.” That is exactly what it is. We continue to lose the best and brightest and their historical memory of previous city action. Jamsheed Mehta should have been appointed as an Assistant City Manager.  Councilmember Chavira, always reluctant to take a position on anything unless cleared by his handlers, thanked everyone for everything. During the Public Comment period Arthur Thruston spoke of Ken Jones’ contribution to Glendale via his activism on issues and asked for special council recognition for him.  Some of the councilmembers publicly thanked Ken Jones for his participation in Glendale’s civic life. Will he get a plaque for his activism? No. It would set a precedent and create untold controversy as to which citizens would merit such recognition.  I have never agreed with Mr. Jones’ positions on any Glendale issue but he has earned my respect and thanks for his avid activism. There should be more Ken Jones in Glendale, not necessarily sharing his point of view but willing to speak and stand for those things in which they believe. Thank you, Mr. Jones.

© Joyce Clark, 2014

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.

Feb 14

23

Citizens respected and valued?

Posted by Joyce Clark on February 23, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Jobing.com arena  | Tagged With: , , , , , , , , , , , | No Comments yet, please leave one

The Glendale City Council flirted with Public Comments occurring at the beginning of their meetings. It was a pilot project. After several months council voted to move Public Comments back to the end of the meeting citing that it got in the way and delayed council’s real business which is certainly not hearing from the public.

The biggest gorilla in the Valley, Phoenix, just had its council voting on February 5, 2014 to move its Citizen Comment Session to the beginning of their meeting. The move was in response to a citizen petition which claimed citizen input was not respected or valued.

It seems ironic that Phoenix has now done what Glendale rejected. If Glendale citizens submitted a petition to move the Public Comment period to the front of the meeting again would council acquiesce as Phoenix has done? What do you think? You can weigh in by voting in my informal poll to the left of this column.

A coalition on Glendale’s city council has emerged. Look for Knaack, Martinez, Sherwood and Chavira voting as a majority. That puts Weiers, Hugh and Alvarez on the losing side of most issues. I bet Alvarez rues the day she helped Chavira to get elected as he has voted in opposition to her positions since he started in office. The biggest issue was the vote on arena management and Alvarez may never forgive him for that one.

However, this November is election time in Glendale with 3 council seats up for grabs. This newly formed, rather fragile majority may not last long. Will Chavira, et.al, work behind the scenes to defeat Alvarez and get someone who is more simpatico? It would be a good move on his part as it would get rid of a problem before he stands for reelection in 2016. All he has to do is throw his support behind Jamie Aldama, Alvarez’s opponent.

Don’t forget, Knaack and Martinez are retiring. Martinez has anointed Robert Petrone but candidate Petrone’s past financial troubles may get in his way. Knaack appears ready to endorse Bill Toops, owner of the Glendale Star. Toops will have his own problems explaining how his ownership of the local paper does not conflict with serving on council. Look for more candidates to emerge as it gets closer to the end of May when nominating petitions are due. Historically in recent times there have never been less than 2 candidates for every open seat. It will be interesting to see how this election shakes out. Stay tuned…

© Joyce Clark, 2014

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.

Feb 14

20

Freightliner fire truck bid

Posted by Joyce Clark on February 20, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale finances  | Tagged With: , , , , | 3 Comments

Here is the letter Freightliner sent to Joe Hester, President of the Glendale Fire Union. Note that it was copied to the City Manager, the City Attorney, the Mayor and all Councilmembers and the Glendale Star. I apologize if the formatting is a little wonky. I am still not an expert on all things blog.

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February 17, 2014

Joe Hester
Captain, Glendale Fire Department
Vice President, United Phoenix Fire Fighters Association
Glendale, AZ 

 Dear Mr. Joe Hester.

I am shocked that you are attacking Freightliner Arizona with baseless facts and trying to characterize our organization as not wanting to support the safety of the Firefighters in Glendale.

In your opinion piece, “Fire Truck Manufacturers Should stick to the Facts”, you point out that Freightliner of Arizona was offering an inferior product that lacked the Extruded Body and Cab, the Telma Auxiliary Brake in our proposal.  Maybe you never got a chance to look at our proposal, but it included those items at a price of $422,838, plus tax.

We spent a great deal of time trying to get specific information in written form so we could verify we were providing exactly what Glendale Fire wanted.  What we received were a couple of verbal “Must Haves”: Extruded Body and Cab, Telma Brake and Electronic Valves.  These items were all supplied in our proposal.  We even went as far as going to a Glendale Fire Station to measure the body and compartment dimensions so we could have Rosenbauer duplicate them and draw up the apparatus to best match the equipment being used by the department today.

It is insulting that you or any Fire Fighter might feel that Freightliner of Arizona would condone providing inferior or unsafe Fire Apparatus to any community, least of all Glendale Fire.  We know that there are severe budget issues facing the community and some of the “must have options” are very expensive and not widely used throughout the industry. Freightliner of Arizona’s proposal included all of these items, but communicated to the Department that there were less expensive more widely used options that could be provided; Thus, saving the Department and Glendale money so that these funds could be used for other purposes in the Department.

You claim that all of the communities around Arizona have these options.  I would ask that you investigate this claim, because you will find that 80% do not have Extruded Bodies and that 90% do not have Telma  Brake and about 90% do not have electronic valves.  These items are available on Fire Trucks and fit certain purposes, but the cost versus the benefit has been reviewed by most of your fellow fire fighters and they chose not to have these items on their apparatus.  I am sure that you feel that these are needed in Glendale, but the majority of fire fighters do not. There is no data that would indicate that these items improve safety for a fire fighter. If there was, the National Fire Protection Association, which provides governance over Fire Fighter Safety, would require these devices on all fire apparatus.

Freightliner of Arizona has been providing Fire Apparatus and parts, service and warranty to Arizona Fire Departments since 1998, and did not just return to selling Fire Trucks as you said.  We have participated with most of the major Fire Departments in bids and RFP’s.  We have never had to approach a City Council about how we were treated in the procurement process.  We have never suggested that Fire Fighters should ever be put in unsafe apparatus or conditions.  We believe quite the opposite!  We understand, probably better then most, the importance of fire fighter safety and how vehicle specification and design can insure it.

Joe, it is extremely unfortunate that you have been misinformed about what we provided to the Glendale Fire.  I am providing you a copy of what we submitted to Glendale so you can confirm what I am telling you is the truth.  I hope you realize that our objection on the way the procurement process was handled was not an attack on Glendale Fire Fighters, but on the people who were responsible to conduct themselves as professionals and fiduciaries of the community. 

I think that when all the facts weigh in you will see that Freightliner of Arizona was mislead and provided inaccurate information on which we provided a proposal.  The apparatus our competitor proposed to Glendale Fire was not the same design and more expensive resulting in the Council being asked to approve $484,000 plus dollars instead of the $422,838 we bid.  With tax that only comes to $ 57,934.  That leaves over $26,000 unaccounted for!  Doesn’t that concern you?  It sure did us!  Especially when we knew we included the “Must Have” components and told that our bid was high bid!  It just doesn’t add up!

Freightliner of Arizona is not the enemy of Glendale Fire Fighters.  That is not why we brought this issue to the Council.  We did it because the procurement process to purchase this new Fire Truck was broken. We want to participate in a fair and transparent process where the most competitive and responsible bidder wins the award! We look forward to participating in the new RFP that Glendale Fire will be issuing.  We hope the process will be fair so if we can provide the best, safest and most competitive Fire Truck, we hope Glendale Fire will want to do business with us.

Respectfully,

Timothy Noeding
General Sales Manager
9899 W Roosevelt   St.
Tolleson,AZ85353                                                                                                                       
 
 
 
 
 
 
 
Cc: Mayor Jerry Weiers
Manny Martinez
Yvonne Knaack
Gary Sherwood
Sam Chavira
Ian Hugh
Norma Alvarez
Brenda Fischer
Michael Bailey
Glendale Star

Here is the Freightliner bid document. Freightliner represents Rosenbauer in Arizona:

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Bid Price and Delivery Schedule For 

************ City of Glendale ***********

 Rosenbauer America, LLC is pleased to provide this bid proposal. The proposed apparatus has been tailored around the requirements of the fire service industry and we are confident that our proposal will meet and exceed the needs of the department. The proposed apparatus will be constructed utilizing only the highest quality materials and workmanship available in the industry.  The apparatus will provide the upmost firefighter safety and efficiency on the fire ground along with extended life and lower maintenance cost throughout the life of the vehicle.

   [1] Rosenbauer Commander pumper w/EXT body:      $422,838.00 plus tax and HCAC fees

    * See page 2 for prepayment discounts and page 3 for additional options

The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and are provided such alterations do not materially affect the cost of the construction of the apparatus. 

The proposal for fire apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) guidelines for automotive fire apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above.

Contract Terms

Delivery:

The proposed truck will be completed in no more than:   330-360 Days ARO

Price Terms:

This offer shall remain valid for thirty, (30) calendar days from the quotation submittal date of November  22, 2013

Payment:

Contract payment of one-hundred percent (100%) of the purchase price shall be paid upon delivery and acceptance of the completed unit.

Prepayment options:

As an option Rosenbauer is offering a prepayment discount should the City wish to 100% prepay for the apparatus at the time of order. This option will include a 100% performance to guarantee the production of the unit. The prepayment discount would be $5,707.00 and would drop the sale price to $417,131.00 plus tax and HGAC fees. The tax rate would drop from 8.3% to 5.6%.

 Original price                    $422,828.00 + $35,096.00 (8.3%) = $457,934.00 plus HGAC fees

Prepayment price               $417,131.00 + $23,359.00 (5.6%) = $440,490.00 plus HGAC fees

The prepayment option would save the City over $17,000.00.

I want to thank the City of Glendale for the opportunity to serve the needs of the department.       

Sincerely,

Chad Horne
 
Rosenbauer America

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