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Joyce Clark Unfiltered

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It has been 18 years and 78 days since the city’s pledge to build the West Branch Library.

As I announced in my blog of March 3, 2016 I am in the process of deciding whether to run for my former Yucca district council seat. Today on the front page of the Arizona Republic is a major story by Paul Giblin on Councilmember Chavira’s use of his council discretionary funds for travel. Here is the link: http://www.azcentral.com/story/news/local/glendale/2016/03/04/glendale-councilman-sammy-chavira-charges-24k-trips-3-years-taxpayers/78857734/ . Thank you Paul Giblin for fleshing out with extensive research what I had discussed in my February 28, 2016 blog, Sammy the spendthrift. Giblin’s article is just one more reason to tip me toward serious consideration.

Here are some bullet points from the story by Giblin:

  • “Glendale Councilman Sammy Chavira expensed a trip to Washington to see U.S. Rep. Ruben Gallego sworn in.”
  • “He billed city taxpayers for another trip to Washington to see the pope.”
  • “Chavira has taken the most trips of any current council member.”

 

I am dismayed and disgusted by Sammy’s cavalier approach to spending your money, taxpayer dollars, and you should be as well. This much I can tell you. While there is no oversight (and there should be) of how a Glendale councilmember spends his or her discretionary funds. 95% of the time they are mindful of the fact that it is not their money and treat its use with respect.

As a former councilmember on the occasions that I took out-of-town trips to the National League of Cities Conventions and as a member of the League’s Public Safety Steering Committee, I turned in receipts for all of my expenditures. I often submitted Public Safety Steering Committee summary reports to senior staff and my fellow councilmembers. When I attended state League meetings sited, for example, in Scottsdale, I would not stay in a nearby hotel but rather traveled from my home to the meeting site daily. When the sites of state League meetings were too far away to accommodate this practice, such as Tucson, then I would stay in a hotel. During my entire tenure as a Glendale councilmember I never had your dollars pay for my cell phone or its monthly charges even though much of its use was city related. I never submitted monthly car mileage reimbursements. There were a handful of occasions, such as state League meetings, for which I did ask for mileage reimbursement. The point is that I was careful because it wasn’t “my” money. A majority of Glendale’s councilmembers are mindful of their council expenses. All it takes is one bad apple to destroy the people’s trust in how elected officials operate and act on their behalf.

Perhaps the most disturbing of all of Sammy’s D.C. trips was his expensing taxpayer dollars to spring for a dinner that included his bosses at the Phoenix Fire Department (Sammy is a Phoenix firefighter); now retired Glendale Fire Chief Mark Burdick; and Glendale firefighter and Phoenix Councilmember Danny Valenzuela. Oh, to be a fly on the wall. Clearly Chavira used that to self-aggrandize himself. I wonder if Phoenix Councilmember Danny Valenzuela expensed this D.C. trip to Phoenix taxpayers. I wonder if the attendees were informed of Burdick’s plans to retire as Glendale Fire Chief and subsequently run for the Glendale mayoral seat.

His trip to see the Pope and another trip to see his good friend Rueben Gallego’s inauguration are certainly questionable. No matter how he tries to spin these trips they were certainly not “city business.”

Giblin states that he set up at least three meetings with Sammy to hear his side of the story and all three meetings were cancelled. It’s reminiscent of the many meetings Sammy has scheduled with Glendale residents only to have them cancelled as well. Instead he sent an email to Giblin saying in part, “I made these trips on behalf of the city for legitimate purposes…”

Don’t forget there are other sketchy Chavira financial dealings. One was his and Councilmember Danny Valenzuela’s involvement in a Hispanic Firefighters Association event fundraiser that netted not one dime to the organization. In fact the organization lost money as it had to pay for the actions required to hold the event. How about his $8,000 sponsorship of the failed Glendale Watermelon Festival or his $2,500 sponsorship of the Glendale Dia del los Muertos, an event that allowed political activities favoring Democrat candidates for elected office.

Sammy has demonstrated a pattern of questionable financial decision making as a Glendale city councilmember. If he makes poor decisions with his council budget can you really trust him to make good decisions about the city’s budget?

© Joyce Clark, 2016

FAIR USE NOTICE

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 ‘fair use’ of any such material. 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 18 years and 75 days since the city’s pledge to build the West Branch Library.

On February 26, 2016 Arizona Sports ran a story on Anthony LeBlanc’s reaction to Mayor Jerry Weiers’ remarks at his State of the City address. Here is the link:  http://arizonasports.com/story/566510/arizona-coyotes-ceo-glendale-may-want-us-to-stay-but-not-being-realistic/ .

In his prepared remarks with reference to the Coyotes the Mayor said, “I need to be clear about this. I want the Coyotes to stay in Glendale. The city wants the Coyotes to remain in Glendale. We have, since day-one, invited them to remain engaged in this process.”  In his recent remarks Mr. LeBlanc said this about the Coyotes’ refusal to engage in the bid process to manage Glendale’s arena, “…the team did not submit a bid to manage the arena because it refused to participate in a ‘flawed process’.” LeBlanc did not elaborate on his characterization of a “flawed process.”

Mr. LeBlanc went on to say, “I think they do want us to stay, but I don’t think they’re looking through a realistic lens of what that means.” Translate this statement to read that in his view “a realistic lens of what that means” is the Coyotes would only stay if Glendale continues to subsidize a portion of their annual loss. LeBlanc, et. al., may have retired their Fortress loan by adding additional owners but don’t forget they still owe a boat load of money to the NHL for another loan that covered buying the team.

What governmental entity is not only going to build a new hockey arena but also subsidize the Coyotes’ annual loss? It’s Glendale all over again. Tempe? Scottsdale? Probably not. Phoenix? Perhaps it can bury its subsidization of the Coyotes within possible plans to build a new facility for joint use by the Suns and the Coyotes.

The Coyotes want to manage their own facility. Then they collect all of the revenue generated by non-hockey events and they can claim a management fee that not only covers their cost to manage but off-sets their annual loss.

LeBlanc praised a recently approved deal between Broward County, Florida and the NHL Florida Panthers. The deal allows the Panthers to get nearly all of the arena revenue and reduces any profit-sharing between the Panthers and the county. Since the Panthers first season in 1993-94 the Broward county’s public subsidy of the team has been $342 million (an estimated $14 million a year). It should be noted that the Panthers lost $36 million last year and another $27 million the previous year. Of course LeBlanc would think that’s a wonderful deal. Reality is that the majority of NHL teams can’t survive without public financial support. That has been the model for years but many governmental entities are under financial pressure and can no longer afford this type of model. It is a model destined to die in the future as the public clamors for sports franchises to pay their own way.

LeBlanc said three options are still being discussed. They are a shared arena with the Phoenix Suns in downtown, a partnership with Arizona State University or an arena in Scottsdale’s Loop 101 corridor. Hey, if the City of Phoenix wants to pony up and pay the Coyotes to play downtown, congratulations to all. Previously the Suns and the Coyotes shared an arena downtown and it was the fans who suffered with terrible sight lines while watching the games.

Is the Arizona State Legislature delusional? It has budget problems. Will it allow a portion of its allocation of state public money to be used to pay for a new hockey arena instead of educational purposes? It seems doubtful that Scottsdale will wish to pay the Coyotes to play in their town. It would be déjà vu as they refused to do so in 2001.

LeBlanc said if a new arena is built it will take at least three years. He went on to say they would “rather not move twice in five years.” Here is where the situation becomes problematical. Glendale and IceArizona currently have a two year agreement that allows IceArizona to manage the arena for $6 million per year. The first year of that agreement is nearly up leaving only one more year of IceArizona’s management. After that it is assumed AEG, the presumed new arena manager, and IceArizona will have to negotiate short-term tenancy for two more years. Will they be able to craft a mutually satisfactory tenancy arrangement? Then the question becomes if IceArizona can live with the deal for two years, why can’t it live with the deal permanently? Can LeBlanc and company afford to rebuild its fan base in another part of the Valley while it continues to rebuild the team?

No matter what the outcome I continue to have greatest respect and admiration for the players. They have endured a great deal since Jerry Moyes put the team into bankruptcy in 2009. They are a great group of men who certainly deserve more stability than they have had. They deserve better. Let’s see if cooler heads can prevail and a deal that benefits all entities can be achieved permanently. Isn’t it time?

© Joyce Clark, 2016

 FAIR USE NOTICE

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 ‘fair use’ of any such material. 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 18 years and 73 days since the city’s pledge to build the West Branch Library.

The Oxford dictionary definition of a spendthrift is, a person who spends money in an extravagant, irresponsible way.” Sammy certainly appears to be the embodiment of that definition. It seems as if Sammy likes to travel…on your dime.

Chavira took office in January of 2013. From that date through January of 2016, three years, he has spent $25,574.49 on travel. Here is how it breaks down by year:

  • 2013               $2,954.14
  • 2014               $5,297.56
  • 2015              $11,876.62
  • 2016               $5,446.17

He appears to really, really like to travel. Then again, he’s not spending his own money. He’s spending your money, taxpayer dollars. Many of his trips have been to National League of Cities meetings across the country. However, some of his trips may be questionable. It appears that he traveled to the East Coast when Pope Francis visited the United States. He needs to explain how this trip served the best interests of Glendale residents. It seems he also traveled back to Washington, D.C. when his mentor, Ruben Gallego, was inducted into the Congressional House of Representatives. How did this trip serve the best interests of Glendale residents?

Sammy also likes to eat…on your dime and he doesn’t seem to bat an eye when he picks up the tab for his guests. On one of his many trips to D.C. on October 13, 2014 he spent $419.76 at Johnny’s Half Shell restaurant. According to Glendale’s Follow Your Money in October of 2015 he spent $120.28 at Cuff restaurant and another $120.45 at the Yard House restaurant.

Sammy also fancies himself a promoter of festivals. Remember his dubious involvement in the Hispanic Firefighters Association event when the association not only lost money but had to pay security and other vendors? Shortly thereafter he was invited to leave the organization. Well, he’s still at it. On June 6, 2013 he donated $8,000 of taxpayer money to sponsor the Glendale Watermelon Festival. Were you even aware that there was a Watermelon Festival? Apparently no one else was aware either. At your local supermarket during the year you can see cardboard cartons filled with watermelons. Sammy had the bright idea to do the same and there were cardboard cartons filled with watermelons on nearly every street corner in downtown Glendale. The problem was after the festival was over, all of those filled cartons remained on every street corner in downtown Glendale. They were virtually a symbol of a festival that bombed and an embarrassment.

On October 20, 2015 Sammy donated another $2500 of your money to sponsor the Dia de Los Muertos Festival in downtown Glendale. So did Councilmember Aldama. This was another winner…not. An audit of this event has never been publicly released by the city. The producer of the event…you guessed it…is a friend of Chavira’s and Aldama’s. Democrat candidates set up booths at this event yet the city is strictly prohibited from sponsoring events that advocate for a particular political position or candidate.

Sammy the spendthrift has no problem spending over $35,000 of taxpayer money in three years on questionable trips and festivals. More definitively than anything else these actions demonstrate his lack of fiscal constraint and questionable decision making. Be concerned. His decisions about use of taxpayer money within his council budget reflect future decisions regarding the city’s budget which affects all of us.

© Joyce Clark, 2016

FAIR USE NOTICE

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 ‘fair use’ of any such material. 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 18 years and 71 days since the city’s pledge to build the West Branch Library.

The City of Glendale is hosting a meeting on Saturday, February 27, 2016 to receive citizen input on two proposals for a branch library serving west and south Glendale. Here is the link to the information about the meeting: http://www.glendaleaz.com/Library/WesternAreaBranchStudy.cfm . It will be an Open House at Desert Mirage Elementary School, 8500 W. Maryland Avenue, Glendale, AZ between 10 AM and Noon.

I am attending and I am telling them not just “no” but “hell no.” Why? For 18 years we, in west and south Glendale, have been promised not a make-shift facility but a full-fledged branch library. Senior staff and the city council would be off the hook by throwing us a bone– a make-shift facility. That removes the pressure on all of them to fulfill a long standing 18 year promise. What are we? Chopped liver? Is it only other areas of Glendale that receive the financial resources to provide high quality amenities for its citizens? By the way, have you checked out the ramadas at Heroes Park lately? They are really dirty and in need of major maintenance. But again…it’s west and south Glendale…not Arrowhead.

The most dismaying concern is that Assistant City Manager Tom Duensing was able to find General Fund debt capacity to cover a $32 million dollar bill for land and to develop parking adjacent to the University of Phoenix Stadium but he is reluctant (or stubborn?) to find General Fund debt capacity to fund the building of a west branch library promised over 18 years ago.

People are offended and angry. Some will say but this is better than nothing and we have had nothing for a very long time. What they do not realize is this token removes the pressure from staff and from council to ever build a permanent branch library. The next time a request is made for such a facility their rationalization will be but you do have a branch library. It’s not as if the need is pressing. There are other needs that take precedence.

I encourage people from the Yucca and Ocotillo districts to attend Saturday’s Open House and to tell staff that neither a token, symbolic library branch in the Media Center nor a small, modular building in Heroes Park fulfill Glendale’s promise to its residents. Let them know it’s time to fund the branch library promised over 18 years ago.

© Joyce Clark, 2016

FAIR USE NOTICE

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 ‘fair use’ of any such material. 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 18 years and 70 days since the city’s pledge to build the West Branch Library.

On Sunday morning, February 14, 2016, Fox 10 presented its weekly show Newsmaker Sunday. Here is the link: http://www.fox10phoenix.com/newsmaker-sunday . Guess who is one of the sponsors of this show? You would be correct if you said Desert Diamond Casino. So we already know how this show is going to go. John Hook is the moderator and his guests were none other than Councilmember Sammy Chavira and Trina Parvello, Director of Public Relations, Desert Diamond Casino. Hook, as will be seen, obviously had a difficult interview on his hands. Neither spokesperson appeared to be the brightest bulbs in the pack.

Hook asked Ms. Parvello how the Tohono O’odham Nation finally prevailed. Ms. Parvello attributed their success to “tribal leadership; the right to build a casino at that location and community support.” To many people it was tribal leadership based upon deceit; there was no “right” to build in Glendale under the state compact and majority community support came from Peoria and Avondale rather than Glendale.

Mr. Hook then asked Sammy if he supported the casino all along. Sammy said, “Oh yes sir. Even well before I was elected I supported the efforts of the Tohono O’odham Nation and uh…” Sammy certainly did support the TO and they repaid him with a boat load of campaign mailers.

When Hook asked Sammy how many jobs the casino created he said, I’m going to defer to my expert on that (referring to Ms. Parvello).”  Her response was, “…up to 600 jobs…”  

Hook asked Sammy what people in Glendale were worried about with reference to the casino. Sammy replied, “From my perspective it all started with misinformation. And it all, uh, started with, uh, the Nation not having their say, their time in the light to give their part of the story. And, uh, it wasn’t until, ah, 18 court cases later and I wish you were a baseball player because if you were you’d be batting a thousand. And the thing is, even with all that, you’re right. It was part of a bureaucracy. It was part of people thinking that, uh, that, uh, it wasn’t something that the Nation should do.” How’s that for being a responsive answer?

Chavira was asked what was the reason that all of those powerful politicians did not want a casino in Glendale. His response was, “Well, like I say, all of the above; politics, self interest. The longer a fight lasts the more billable hours you have depending on which side you’re on. But at the end of the day, the ones who suffered were the citizens. Ah, I mean just from jobs, from the economic impact we’re having not only in Glendale but in the whole West Valley. What people seem to forget is that the casino is already a sovereign nation and it’s on unincorporated land surrounded three sides by the City of Glendale and on the north side by the City of Peoria.” The mind freezes as one listens to him. I guess we can blame this entire issue on the lawyers. How Sammy can cite the great economic impact to Glendale now and later in the interview admit there is no way to gauge its impact is mind boggling.

Hook asked Sammy if the NFL was skittish about the casino and if the NFL supported it. Chavira responded, “I can tell you I heard nothing from the NFL on that issue. Me, personally, I didn’t hear anything. Trina, did you hear any concern from them?” Ms. Parvello neatly sidestepped the entire issue by saying, “…they are supportive of the community…” As for Sammy the NFL probably never even heard of him much less communicated anything to him.

Hook asked Chavira if people opposed the casino because it threatened the integrity of the neighborhood. Sammy responded, “Yes, it ran the gamut. It ran (sic) the integrity of the neighborhood, being across the school, uh, a street from the high school. Um, such things as it would bring crime, unsavory people and um…”

Hook asked Chavira if he had heard anything from his constituents. Sammy said, “Ok, well, I haven’t received anything negative from any of my constituents.” Could it be because Sammy has been unreachable and invisible to his constituency?

Hook asked Ms. Parvello if the Nation contributes to the larger community. She responded that the Nation has a strong responsibility to the community. However she failed to mention that it is mandated through the state compact that a percentage of their net must go to the non-profits and communities throughout the state. It is distributed through a grant application process.

Sammy was asked how much does Glendale benefit from having the casino in terms of dollars. He responded, “Well, right now because of the Nation being an entity that’s a sovereign nation, um, they don’t get taxed. But at the end of the day what happened, the agreement was to receive a payment from them annually. For how many years, Trina?”  She said, “Throughout the life of the compact.”  You would think Sammy would have prepared for this interview by obtaining some facts and figures instead of continually punting to Ms. Parvello.

Hook again asked for clarification about the financial benefit to Glendale and Sammy melts down by saying, “So what we’re doing now is that we’ve moved forward with our partnership. But at the end of the day, um, where we’re at today is…sorry, I lost my train of thought.”

Hook responds with that’s ok but will there be money going to the city? Sammy, in an attempt to recover says, “Oh. Absolutely. I’m, I’m, let me apologize for that. The money we will be receiving…Let me take you back to the liquor license. Liquor is, is, is taxed, is taxed by the state before it even goes to the, uh, store. Well, at the end of the day, now we’re having an opportunity. We’re avoiding an opportunity to make money by not letting us have that liquor license. So right there, we, I don’t think we’ll have a metric to measure the economic impact the casino is gonna have on the entire West Valley.” Can you figure out what Sammy said?

Ms. Parvello was asked how many jobs would be created at final build out and her answer was, “1500.”  Hmmm…that’s a far cry from the figure of 6,000 jobs the TO has used routinely.

Thank God this show runs at the ungodly hour of 5:30 AM on Sunday mornings. The viewership is probably 3 people. I bet John Hook wishes this is one of the interviews that could be erased forever. So much for the Fox slogan of “fair and unbiased.”

“At the end of the day,” sorry Sammy. We “lost our train of thought.”

© Joyce Clark, 2016

FAIR USE NOTICE

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 ‘fair use’ of any such material. 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 18 years and 68 days since the city’s pledge to build the West Branch Library.

City council held its first budget workshop on February 16, 2016. Here is the schedule of future budget workshops:

  • March 15, 2016             9 AM
  • April 5, 2016                 9 AM
  • April 19, 2016               9 AM
  • April 21, 2016               9 AM

This first budget workshop was a review of all budget components as of December 31, 2015 or the first two quarters of Fiscal Year 2016. The only item which required council consensus for direction was the issue of raising the Secondary Property Tax rate to the maximum of 2% as allowed by state law. Council consensus was…nothing. They gave no direction to staff. Look for the vote on acceptance of a property tax rate in June when council must publicly vote on the issue.

Senior staff’s presentation on the budget’s performance was pure “government speak.” Here’s a good example, “(General Fund) Revenues are $11.2 million or 11% higher than revenues at the same time last year.” Boy, that sounds really, really good. Wait a minute. Staff then said, “Out of the $11.2 million increase in revenues, $8.3 million is due to consolidation of the general fund sub-funds into the General Fund.”

In plain English what that statement means is this. General fund sub-funds are the Arena, Camelback Ranch, Zanjero, Civic Center and Stadium events. This is not a complete list but you get the idea. Prior to this Fiscal Year, 2015-16, the sub-funds stood separately. Staff had to report on the revenues received and expenditures of all sub-funds. This Fiscal year they were rolled into the General Fund for “accounting purposes.” No longer is there a separate accounting of the sub-funds’ performance. Hmmm.

Staff went on to say, “General Fund City Sales Tax collections are $48 million which is an increase of $7.3 million or 18% over the same time last year. Approximately $6.0 million of the increase is attributable to the consolidation the sub-funds into the general fund. Without including the sub-fund revenues, city sales tax increased by $1.3 million or 3%.” This 3% figure is in line with the federal GDP.

In terms of General Fund expenditures staff reported, “The actual (General Fund) expenditures increased by $15.4 million over the same time last year. This increase is primarily due to the consolidation of the general fund sub-funds into the General Fund ($9.7 million) and reclassification of Technology and Technology Projects ($5.0 million)…” Once again most of the expenditures are attributable to rolling the sub-funds into the General Fund.

The bottom line is this. Half way through Fiscal Year 2015-16 the General Fund has an excess of $8.3 million. It can be assumed that this excess is due in great measure to the $9.0 million reduction (from the previous figure of $15 million) in the arena management fee paid to IceArizona.

Tonight, February 23, 2016 city council will host its regular voting meeting. Guess who will be AWOL? Yep, Councilmember Sammy Chavira…once again. Be reassured. He will participate telephonically.

Three agenda items are worth following: Item 20 is Resolution 5071. It is an acceptance of a $49,000 grant from the Arizona Sports and Tourism Authority to be used to help develop an archery range at Heroes Park; Item 21 is acceptance of Ordinance 2975 reflecting rezoning request ZON15-10. This action will allow for development of the Westgate Healthcare Campus PAD at the northwest corner of 99th Avenue and Glendale Avenue. This is a very welcome project and provides a fantastic compliment to Dignity’s Westgate Hospital Campus just north of this proposed project; and lastly Item 22. Council will vote on the adoption of the Loop 101 Scenic Corridor in north Glendale. This is another very welcome development that warrants expansion of this designation all along the Loop 101 within Glendale with the only exception being a narrowly tailored Westgate area.

Stay tuned for more reports on Glendale’s budget as council meets in March and April of 2016.

Don’t forget…it’s budget season in Glendale.

© Joyce Clark, 2016

FAIR USE NOTICE

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 ‘fair use’ of any such material. 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 18 years and 63 days since the city’s pledge to build the West Branch Library.

Please Note: I have added a Contact form to my blog page. So far about a dozen readers have used the form. My apology to those of you who have used it. I am not deliberately ignoring you. I am taking it down until I get the bugs worked out. However, I am having problems with the app. It is not sending me your contact info or your message.

Councilmember Chavira when he first took office seemed bright-eyed and bushy tailed. How has his attendance at workshops, executive sessions and voting meetings been? I reviewed all of the city’s meeting minutes and it is possible that I could have missed some of his absences. Based upon a cursory review here are his absences since he took office:

2013

  • 4/9/2013       Special workshop followed by an executive session
  • 9/24/2013     Voting meeting
  • 9/24/2013     Special workshop followed by an executive session
  • 12/10/2013   Voting meeting

2014

  • 10/7/2014      Workshop followed by an executive session

2015

  • 2/24/2015      Voting meeting
  • 4/14/2015      Budget workshop followed by an executive session
  • 4/14/2015      Voting meeting
  • 7/20/2015      Special workshop followed by an executive session
  • 8/11/2015      Voting meeting
  • 8/13/2015      Special workshop followed by an executive session

2016

  • 1/28/2015     Special workshop followed by an executive session
  • 2/16/2016     Arrived late at 9:43 AM for a 9 AM meeting

There have been additional meetings, both workshop and voting, at which Sammy participated telephonically and was not physically present for the meeting. There is no way to determine an accurate count of his telephonic presence at meetings. These are more difficult to research by going through old council minutes.

Virtually every workshop is followed by an executive session. So not only has he missed workshops but at least 7 executive session meetings. Executive sessions provide information on contracts, land issues and personnel issues not available to the public. Keep in mind that a councilmember cannot and never participates in an executive session telephonically.

Over the course of the 3 years and 2 months of his term to date he has missed over a dozen meetings. In 16 years of service I probably missed less than a half dozen meetings. The councilmembers with whom I served also took their service very seriously and rarely, if ever, missed a meeting.

Every councilmember knows that it is critical to reserve every Tuesday for council business knowing that there will be a workshop meeting usually followed by an executive session or a voting meeting.

Is Sammy’s job conflicting with his ability to carry out his one major responsibility…his attendance at council meetings? Forget about participation and meaningful conversation. He is known widely for his habit of thanking people and not saying much else. If that is the case then he is doing a disservice to his constituency as well as all of the people of Glendale.

Sammy ran on a bogus platform of promises to the voters of his district…education, for which he had no policy making authority; his support of an out-of-state corporation’s successful bid to manage the city’s arena for $15 million dollars a year; his lack of representation of the people of his district and his failure to meaningfully reach out to his constituents; and his broken promise to not enter into sweetheart deals…unless it happens to be a quid pro quo with a fellow councilmember.

Sammy’s record of service as the Yucca district councilmember is a testament to his invisibility…at council workshop, executive sessions and voting meetings and in interacting with and representing the people of our district. The question is a valid one…Sammy, where are you?

© Joyce Clark, 2016

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It has been 18 years and 60 days since the city’s pledge to build the West Branch Library.

The general assumption is soon Councilmember Sammy Chavira of the Yucca district in Glendale will be running for his council seat. There are all kinds of theories floating out there as to why he hasn’t pulled a nomination packet already. One is that is he stalling to make his campaign season as short as possible. That leaves less time for voters to take a critical look at his record or lack thereof. The other is that he is going through the hiring process to obtain a lucrative paying job at the new Tohono O’odham casino in Glendale. Hmm…this could prove problematical for him. Remember his ouster from the National Hispanic Firefighters Association (NHFA)? One of the urban legends is that Sammy and his buddies drove around in a golf cart during the event collecting all of the event revenues for themselves. It is known that NHFA made no money on the event and had to cover event expenses in excess of $12,000.

It’s a good time to look at his campaign pledges and his record of delivery. Sammy ran on 4 central campaign promises revealed in an October, 2012 campaign mailer:

  • “Too many sweetheart arena deals for out-of-state corporations have left us deeply in debt. Sam will prioritize public safety, education and public libraries and isn’t afraid to say no to special interests.” 

Sammy was the deciding yes vote on the $15 million dollar a year arena management agreement with IceArizona. The irony is that yes, IceArizona is an out-of-state corporation but many of its owners are Canadian. In addition on June 11, 2015 Sammy and recalled Councilmember Sherwood were the only two votes against voiding the costly $15 million dollar arena management contract with IceArizona. It appears Sammy’s agenda was to support his good buddy Sherwood and IceArizona. It seems as if Sammy wasn’t afraid to say no to special interests but rather he supported them wholeheartedly.

  • “Sam understands that good jobs and good schools go hand in hand. He will fight to fully fund Head Start, support education tax credits for our local schools, and make after school programs more curriculum based.” 

This is the biggest lie of the century. Local city councils have no control over local education. That is the job of local school boards. The council can be supportive of local schools but it cannot create policy for any local school. So why did Sammy use this? Many voters, but not all, are unsophisticated. They are busy with their lives and don’t follow school or city issues unless it directly affects them and their families. Did he fight to “fully fund Head Start,” a federal program? No. Did he support “education tax credits for our local schools,” either state or federal? No. Did he “make after school programs more curriculum based?” No.

  • “Sam will go to the city council to represent the people, not a particular ideology, because he knows that results are what’s important.”

Has Sam represented you? Unless you are a political junkie you couldn’t pick him out of a line up. He’s had one…just one… district meeting back in 2013. The only other scheduled district meeting was cancelled at the last minute. Have you ever met him? Talked to him about issues that concern you? I think not. If he knows that “results are what’s important,” why hasn’t he delivered any to the people of his district?

  • “No more sweetheart deals. The city needs to be a tough negotiator, making smart planning decisions that preserve Glendale’s future.”

Sammy’s entire term of service seem to be based on sweetheart deals. Apparent deals with recalled Councilmember Sherwood; apparent deals with the Tohono O’odham, supporters of his campaign in return for his support of the casino; apparent deals with the fire union, supporters of his campaign in return for his support of their agenda. Deals in support of his constituency…not so much.

Sammy Chavira made a lot of promises to the voters of the Yucca district. He didn’t deliver. He made a lot of promises to special interests. He did deliver. He made a lot of campaign promises to the voters of the district and he broke them all.

© Joyce Clark, 2016

FAIR USE NOTICE

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 ‘fair use’ of any such material. 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 18 years and 49 days since the city’s pledge to build the West Branch Library.

The City of Glendale received 3 bids to manage its arena. The bids were from AEG Facilities, Comcast Spectacor and SMG. All are extremely reputable, large national companies, experienced in operating venues throughout the country. After senior management reviewed all 3 bids it recommended AEG to the city council. All of the discussion with council was done in executive session and the public is not privy to those discussions. On January 2, 2016 in its executive session council approved AEG and directed staff to negotiate a final contract over the next 60 days.

It is a very positive development. AEG can add another premier venue to its portfolio that is sure to benefit Glendale when AEG negotiates packages of venues with performers. It had previous experience operating the Gila River Arena from 2006 – 2009 and during that period it acquired some major performers: one that comes to mind is Bruce Springstein. It manages over 120 facilities worldwide and the majority is located in the United States.

What does that mean for the Coyotes? I, and many others, remain hopeful that AEG and IceArizona can negotiate a deal that benefits both. That still is the best option for all parties: the city, IceArizona and AEG. Anthony LeBlanc, an owner of IceArizona and its spokesperson, continues to play poker when discussing the situation with such recent comments as, “The good news is that all of the discussions we have had have been pretty open as have other organizations — be it the city of Phoenix or Tempe or Arizona State. Everybody has been pretty open that we have had discussions with and they have all been positive (www.arizonasports.com, Rodney Haas).” If this is his attempt to raise the ante with Glendale or AEG it doesn’t seem to be working. One has only to look back upon his previous history of blustery statements that were found to be less than forthcoming.

If the Coyotes are serious about moving there are still major hurdles to overcome. A new facility would not be available for at least 3 years. No matter whether is it Phoenix, Tempe or Timbuktu, pesky voters will have to be swayed to support the construction of yet another sports venue. Voters are becoming more discerning and will question the value of diverting precious tax revenue away from community needs and to another subsidized sports facility. In today’s day and age, it is not an easy sell as it once was.

Then there is the issue of location…location…location. Larry Feiner, a Coyotes fan, recently tweeted the results of an informal poll he did about the difficulty of the commute. His responses were split right down the middle, 50/50. Those fans who live in the east valley consider the commute to Glendale a hassle. Those fans who live in the west valley consider the commute to the east valley a hassle. The question for the Coyotes is will the ticket holders they pick up from the east valley offset the losses of west valley fans? All of the good will created among west valley fans could be lost. That is a question only the Coyotes will be able to answer. For the past 10 years the Coyotes have had a home in the west valley and it has served them and their fans well. It is a wonderful facility build exclusively for hockey. It is not to be dismissed lightly in a pique of anger because the city is no longer subsidizing losses to the tune of $15 million dollars a year.

I remain positive and believe that a successful accommodation can be achieved between all parties. Can the Coyotes?

©Joyce Clark,2016  

  FAIR USE NOTICE

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 ‘fair use’ of any such material. 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 18 years and 42 days since the city’s pledge to build the West Branch Library.

In reviewing documents related to the casino I came across an issue about which I had previously not paid much attention. In the transcript of the December 7, 2015 oral arguments before the U.S. Court of Appeals for the Ninth Circuit in the case of State of Arizona vs. Tohono O’odham Nation the judge asked both sides a series of questions. Here is the link:  http://cdn.ca9.uscourts.gov/datastore/media/2015/12/07/13-16517 .

At issue is the ability of the Tohono O’odham Nation (TON) to place all of its permitted casinos on unincorporated land (county islands) in Maricopa County. Pratik Shah, attorney for the Gila River Indian Community, said on page 4, “under their (TON) reading, they could simply move all four casinos to Phoenix because Phoenix is 50 miles outside of Tucson.”

On page 8 of the transcript Seth Waxman, attorney for the Tohono O’odham Nation (TON) stated, “Mr. Shah is quite correct that in general what the compact says is, the nation may game on any of its Indian lands including lands covered by Section 2719.”

Further evidence of the TO’s very likely intent to locate all of its casinos in the Phoenix Metropolitan Area can be found in the March 16, 2012 deposition of Daniel Quigley, a TON attorney who has represented either the TON or its entity, the Tohono O’odham Gaming Enterprise, almost continuously since 1993. His deposition was taken with regard to one of the numerous lawsuits. In this case, it was the State of Arizona vs. Tohono O’odham Nation.

A small tutorial on lawsuits is in order. Attorneys for either side can file motions asking that something be included or excluded or for a continuance. Prior to the actual trial there is a discovery phase. Each side can request documents and take preliminary testimony from potential witnesses in the form of a deposition. The attorney representing the side that requested the deposition does the questioning.

Mr. Quigley negotiated the state gaming compact on behalf of the TO. Since 2003 he has been general counsel of their gaming enterprise entity. When he joined the law firm of Rushing Lopez & Lizardi, PLLC., the TON followed him and is currently a client of this firm. He is also the attorney for Rainer Resources, a wholly owned TO entity. It was Rainer Resources which bought the land in Glendale in 2002 and held it until the TO made their 2009 public announcement of their plans to develop a casino in Glendale.

Mr. Quigley grudgingly gave up information and often claimed attorney-client privilege. However, some of his answers were very telling. On page 19 he is asked if the TON owns other properties. Based upon the following line of questions it appears that the TON already does own additional properties. The 64 dollar questions are where? On county islands? How many? That is information the TON did not and will not give up.

  1. Q. “Other than what I’ve already asked you about,  are there any other fee lands that the Nation has an interest in?”
  2. A. “Yes.”
  3. Q. “What are those?”
  4. A. “I am aware of the property that we’ve been referring to as the West Valley Resort property in this litigation.”
  5. Q. “Anything else?”
  6. A. “I’m sure there are, but I’m not familiar with them.”
  7. Q. “How can you be sure there are if you don’t know specifically what properties they are?”
  8. A. “My best guess is that the Nation owns additional real estate beyond those.”
  9. Q. “And what do you base that on?”
  10. A. “I believe in the past, I’ve seen records of fee ownership of land.”
  11. Q. “How many additional pieces of real estate, approximately, do you believe the Nation owns?”
  12. A. “I don’t know.”
  13. Q. “How many have you seen records of?”
  14. A. “I don’t know.”
  15. Q. “Can you give me an approximate number?”
  16. A. “A couple.”

Another line of questioning on page 65 deals with the Tohono O’odham never specifically mentioning the possibility of acquiring additional land in the Phoenix metro area to be put into trust for the purpose of gaming during the time that voter approval was sought for the state compact.

  1. Q. “Because everybody knew that casinos had to be located on the Indian lands of the tribe, and the tribe had specific Indian lands in the vicinity of Case Grande, Florence, and Gila Bend. And I’m asking you, when you referred to each of those three areas, did you mean to be referring specifically to Indian lands that the tribe already had in trust?”
  2. A. “No.”
  3. Q. “How would somebody involved in those conversations have known that you were referring to something more broadly than those specific lands that the Nation already had in trust?”
  4. A. “Because the vast majority of the people who were involved in those conversations would have understood the ability to acquire additional Indian lands.”
  5. Q. “And how would they have understood about the ability to acquire additional Indian lands?”
  6. A. “Most of them would have read the IGRA (federal Indian Gaming Regulatory Act).”
  7. Q. “But that doesn’t—the IGRA doesn’t give anybody any specific right to acquire additional Indian lands. Right?”
  8. A. “No, it does not.”

On pages 87-89 the line of questioning corroborates the TON’s belief that it can locate additional casinos in the Phoenix metro area. Mr. Quigley asserts the same belief that can be found in the above reference to the judge’s questioning of the TON’s attorney Seth Waxman in December of 2015.

  1. Q. “Is it correct that under the Nation’s interpretation of the Gila Bend Act (IGRA) and the compact, it could, if it so chose, and if this made economic sense, close all of its existing facilities and locate four casinos in the Phoenix market?”
  2. A. “With the exception of the limitation on a fourth facility, if the Nation operates four facilities, the compact has no limitations on where the Nation’s Indian lands it can place its facilities other than the mile-and-a-half restriction.”
  3. Q. “So if – if, for example, the Nation were to acquire under the Gila Bend Act (IGRA) and have taken into trust parcels of land that were – it’s understood if they were taken into trust, they would be on unincorporated land on county islands or directly across the municipal limits of Chandler, Mesa, Tempe, and Scottsdale, that would be acceptable under the Nation’s view of what the compact limitation are with respect to the location of facilities?”
  4. A. “What do you mean when you say ‘that would be acceptable’?”
  5. Q. That would be legally permissible. It’s the Nation’s position that that would be allowed by the compact?”
  6. A. “If the Nation acquired lands under the Gila Bend Act (IGRA) in the locations that you specified, and if those lands were taken into trust, and if those lands were eligible for gaming, then the compact, I believe would allow the Nation to conduct gaming on those lands, assuming they met the requirements of the mile and a half between facilities and the met the requirements for the fourth facility.”

Clearly both attorneys representing the Tohono O’odham Nation, Waxman and Quigley, hold the legal opinion and have counseled their client such that the TO can establish additional casinos in the Phoenix metro area. We know that the TO owns additional land in the area. We don’t know how much or where. It may just be a matter of time. If the TO prevail against the state in court and is granted a liquor license at the Glendale casino, katy bar the door…more casinos will come.

Did you know that there are approximately 200 parcels of unincorporated land (county islands) in the Phoenix metro area? The TO used a shell company to buy the land in Glendale and they could do the same to acquire additional parcels. Are you ready to have a casino near your neighborhood in Phoenix, Scottsdale, Tempe, Chandler, Gilbert or Mesa? It may happen.

The consequences of such action would be catastrophic. It would provide incentive needed by the state legislature to open gaming to non-Tribal entities. If they were to do so the state would receive sales tax, property tax, etc. from non-Tribal casinos. It makes the prospect very attractive at a time when revenues often times do not cover all of the state’s needs. Currently there is no tax per se paid by the Tribal casinos. Under the existent compact there is what is defined as “tribal contributions.” They are distributed as follows:

  • 12% distributed by the Tribes to the cities, towns and counties of their choosing for community services and public safety programs for local governments
  • The remaining 88% of the Tribes’ total annual contribution goes to the Arizona Benefits Fund on a quarterly basis and provides funding for the Arizona Department of Gaming and the Office of Problem Gambling. The remaining funds are distributed as follows:
  • 56% to instructional improvement for schools
  • 8% to trauma and emergency care
  • 8% to Arizona tourism
  • 8% to wildlife conservation

It would blow up the existent voter approved state Gaming Compact of 2002 and would make it very difficult to negotiate and to seek voter approval on a new compact as voters would be reluctant to rely on any public statements about its provisions. After all, it was sold to the voters with the promise that “there would be no new casinos in the Phoenix Metropolitan Area.” As Mr. Quigley stated on page 177 of his deposition, “I do not think it would be a fair statement to say that one could rely on any statements in there (referring to the 2002 voter information guide) as necessarily being correct.” If the TO has a bridge to sell, would you buy it?

© Joyce Clark, 2016

FAIR USE NOTICE

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 ‘fair use’ of any such material. 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.