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Joyce Clark Unfiltered

For "the rest of the story"

Feb 16

28

Sammy the spendthrift

Posted by Joyce Clark on February 28, 2016
Posted in City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , | 7 Comments

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.

Feb 16

26

Just say NO!!

Posted by Joyce Clark on February 26, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , , | 1 Comment

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.

Feb 16

25

Fox 10 Newsmaker Sunday…fair and unbiased?

Posted by Joyce Clark on February 25, 2016
Posted in Casino • City issue and actions • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , , | No Comments yet, please leave one

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.

Feb 16

23

It’s budget season in Glendale

Posted by Joyce Clark on February 23, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Gila River Arena • Glendale elected officials • Glendale finances • Glendale zoning issues • Westgate  | Tagged With: , , , , , , , , | No Comments yet, please leave one

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.

Feb 16

15

Chavira, promises made and promises broken

Posted by Joyce Clark on February 15, 2016
Posted in Arizona Coyotes • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • Glendale's Fire Union  | Tagged With: , , , , , , , , , , , , , , | 2 Comments

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.

Feb 16

4

Glendale chooses AEG to manage its arena

Posted by Joyce Clark on February 4, 2016
Posted in Arizona Coyotes • City Council Actions • City issue and actions • City of Glendale • Gila River Arena • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , | 3 Comments

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.

Feb 16

1

Jerry Moyes and money

Posted by Joyce Clark on February 1, 2016
Posted in Arizona Coyotes • City of Glendale • Glendale finances  | Tagged With: , , , , , , | 6 Comments

It has been 18 years and 47 days since the city’s pledge to build the West Branch Library.

On January 29, 2016 the Wall Street Journal (WSJ) ran a story about Jerry Moyes entitled When a CEO Borrows on his stock by Ted Mann, Robbie Whelan and Theo Francis. For those who don’t know or may have forgotten, Jerry Moyes is the founder, chairman and former CEO of Phoenix-based Swift Transportation, one of the largest trucking companies in the United States. Moyes is also owner of the charter airline Swift Air and a marina at Lake Powell. Moyes is the controlling owner of SME Steel Contractors Inc., a steel erector company based in Utah. He was a majority owner of the Phoenix Coyotes of the National Hockey League before he filed bankruptcy and the team was sold to the NHL in 2009, and the Arizona Sting of the National Lacrosse League. Moyes is also a limited partner in the Arizona Diamondbacks, and was once a minority owner of the Phoenix Suns.

Moyes is a Glendale resident best known for his bankruptcy filing of the NHL Coyotes in a failed attempt to sell the team to Jim Balsillie, one time CEO of Research in Motion (RIM), makers of the Blackberry cell phone. As a result of these manoeuvrings the team was eventually sold to the NHL and then the NHL sold the team to IceArizona resulting in a $15 million dollar a year management fee paid by the City of Glendale until recently.

The story relates the fact that Moyes has borrowed heavily against his shares of Swift Trucking. Demands for additional loan collateral were made and three times Swift’s board has taken action beneficial to Moyes in dealing with his loans. The board policy had been that senior directors could pledge no more than 20% of their stock for margin loans. In 2013, the cap was lowered to 15% as of July 2014 and then lowered once again to 10% as of July 2015.  The board then amended the 10% limit from taking effect until the end of 2016. In 2015 Swift stock lost 52% of its value and as the stock value he had pledged as collateral declined he needed to pledge even more of his stock as further collateral.

However, his use of his stock as collateral exceeded the board’s limits. Other investors including the Teamsters’ Union are concerned with the board’s actions and accused Mr. Moyes of, “using Swift as his personal bank.”

According to the WSJ, “Swifts’ board is unusually small, just six members. To analysts of corporate governance, boards size matters: While too-large boards can be unwieldy, too-small boards can turn into echo chambers and foster an eagerness among directors to get along in the face of tough decisions.” It goes on to say, “the Phoenix-based company has just four independent directors, as defined by New York Stock Exchange rules. And one of those deemed independent, Mr. Dozer, spent years helping run a business that was partly owned by Mr. Moyes, the Arizona Diamondbacks. Mr. Dozer was the baseball team’s president from 1995 until 2006, and Mr. Moyes was a minority owner from 1996 until last year.” Hmm…It looks as if you own a company you can use it as your personal bank just a long as your close friends on a very small board approve.

© 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.

Jan 16

29

Are there more Tohono O’odham casinos in the Valley’s future?

Posted by Joyce Clark on January 29, 2016
Posted in Casino • City issue and actions • City of Glendale • Gila River-Pima-Maricopa Indian Community • Glendale finances • Phoenix Metro issues  | Tagged With: , , , , , , | 4 Comments

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.

Jan 16

18

Is light rail coming to Glendale?

Posted by Joyce Clark on January 18, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , | 2 Comments

It has been 18 years and 32 days since the city’s pledge to build the West Branch Library.

Valley Metro has released its recommended route for light rail for West Phoenix/Central Glendale. It will be hosting two public information meetings this week. On Tuesday, January 19, 2016 from 6 PM to 8 PM there will be a meeting at the Washington Activity Center Multipurpose Room at 2240 W. Citrus Way, Phoenix and on Wednesday, January 20, 2016 there will be another meeting 6 PM to 8 PM at the Glendale Women’s Club, 7032 N. 56th Avenue, Glendale.

Here is their recommendation: West along Camelback Road from 19th Avenue to 43rd Avenue; North on 43rd Avenue to Glendale Avenue; West on Glendale Avenue; somewhere in the vicinity of 51st Avenue it will go north to Glenn Drive; West on Glenn Drive to 59th Avenue. There is no mention of whether the route would be light rail, express bus service or street car.

Recommended route

Recommended route

Funding would be:

  • Federal ………………………………………………………………………………. 50%
  • Regional sales taxes (Proposition 400) ……………………………..10-15%
  • Local sales taxes (Glendale GO transportation tax
  • and Phoenix Transportation 2050) ……………………………..35-40%

Should light rail or some form of express transportation come to Glendale? Without more information about its effects on Phoenix, Tempe and Mesa it’s difficult to make a decision. There are some factors that would seem to indicate that it’s time may have come. Glendale is the gateway to the rest of the West Valley. If Peoria and Surprise ever hope to have light rail in their communities it is only logical that it would have to route through Glendale. Westgate with the stadium and arena would most certainly benefit from light rail. Glendale is the 6th largest city in the state with 70-80% of its population commuting to work outside of Glendale.

Factors that work against it are its cost and the routing. Today the cost per mile is pegged at $70 million dollars. Federal funding would be about $35 million per mile. Regional sales tax would cover $7-$10.5 million per mile. Glendale through its Go Transportation Tax would have to pay $24.5-$28 million per mile. Since going northward on 43rd Avenue, a boundary street shared by Glendale and Phoenix, it is assumed that the two north 43rd miles would be a shared cost between the two cities. Glendale’s exclusive portion for which it would have to provide funding would be the two miles from 43rd Avenue west to 59th Avenue. That funding would presumably be funded by Glendale’s GO Transportation Tax.

In addition to sharing information about a possible route and the form of mass transportation it is incumbent upon the Glendale City Council to hold a workshop on exactly where the revenue would come from to support this project. Will it come to Glendale? Right now there is no definitive answer.

© 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.

Jan 16

13

Burdick’s agenda…pandering

Posted by Joyce Clark on January 13, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale's Fire Union  | Tagged With: , , , , , , , , , , | 6 Comments

It has been 18 years and 27 days since the city’s pledge to build the West Branch Library.

Not only are we entering the intense portion of the national political season with the election of a new President but Glendale politics will soon heat up. Several have taken out nomination petition packets which are due in the City Clerk’s office between May 2, 2016 and June 1, 2016.

Current Mayor Jerry Weiers and mayoral contender Mark Burdick have already taken out nomination petition packets as have Vice Mayor Ian Hugh (Cactus district) and current Councilmember Ray Malnar (Sahuaro district) who recently unseated Gary Sherwood in a Recall Election. Neither of these current councilmembers, as of this date, faces a challenger. In the Yucca district current Councilmember Sammy Chavira has not taken out a nomination petition packet. Nor has anyone else.

On January 8, 2016 KJJJ radio aired interviews centered on the topic, “Is Glendale Bouncing Back?” It was a strange exercise as apparently Burdick had been interviewed by the station before talking to senior staff and Mayor Weiers and Vice Mayor Hugh. The consensus of senior staff and the Mayor and Vice Mayor is that Glendale has recovered but not completely. All felt there was more work to be done to achieve the holy grail of complete financial stability for Glendale. All believe Glendale is well on its way to doing so.

It was what mayoral candidate Mark Burdick said in this story that will trouble many. “Burdick said the fire department needs more resources to reduce response times. The police department needs more detectives in north Glendale.” Despite the published fact that Fire Department response times have not increased in the past 5 years.

Everyone should be concerned that Burdick’s major agenda is throwing more money exclusively into the Fire Department. Burdick has acknowledged that the city is not in full financial recovery yet he is willing to take dollars…from somewhere…probably all other city departments…to throw to his favorite department…the Fire Department. What would one expect from a man who retired as Glendale’s Fire Chief? What else would one expect from a candidate who is counting on the tremendous financial and manpower support of the fire unions to try to capture the mayoral seat? He will owe them big time.

With regard to calling for more detectives in north Glendale Burdick is simply pandering to voter strength. It is no secret that the 3 north Glendale districts (Cholla, Sahuaro and Barrel) outvote the 3 south Glendale districts (Cactus, Ocotillo and Yucca) by a margin of 3 to 1. If he attempts to capture the majority of the voters in the 3 north Glendale districts he is going to have to promise them some goodies. Is it any wonder that he made a call for more detectives in north Glendale when more police personnel are needed throughout the city? It’s merely the first of what may be many goodies for north Glendale.

There is no doubt that every Glendale department is stretched thin as Glendale continues its path to full financial recovery. There is no doubt that every department has needs to be met. Allocating more money to the fire department must not occur at the expense of the many needs throughout Glendale.

The Fire Department and the Police Department must be thoroughly scrutinized under zero-based budgeting. Zero-based budgeting requires each department to begin with zero dollars and to justify the need for every dollar allocated to it. Explaining what dollars are needed and where they will be utilized provides openly transparent public knowledge to every Glendale taxpayer that must foot the bill.

Be careful of Burdick’s promises. His advisors, such as Julie Frisoni formerly embroiled in alleged shenanigans related to the $15 million dollar a year Coyotes contract, appear to be a very slick bunch not above promising those things that will garner him votes and using whatever dirty tricks are at their disposal. All signs point to a fierce fight for the mayoral seat and the fight has just begun…

© 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.

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