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Joyce Clark Unfiltered

For "the rest of the story"

It has been 17 years and 307 days since the city’s pledge to build the West Branch Library.

On November 3, 2015 the voters of the Sahuaro district dealt a political death blow to Councilmember Gary Sherwood by voting for Ray Malnar to replace him. The unofficial vote total has Ray Malnar winning with 53.61%. There is no doubt that Sherwood caused his own demise. How?

Sherwood was elected in November of 2012. For three years his actions and votes have raised questions. One of the major centerpieces of his campaign was his strong opposition to the Tohono O’odham casino in Glendale. As a result of his position the anti-casino forces paid for independent expenditures supporting his run. He also ran pledging fiscal conservatism in managing the city’s arena. It didn’t take him long to renege on both elements of his platform.

Within a year of his first term he reversed his position on the casino and became its strongest advocate. When asked why, his answers were consistently vague and seemed to center around learning “new information.” When queried on what information and from whom, he never offered a clear and convincing explanation. There was also the nagging assumption by many that he had swapped his positive vote of support for the casino with Councilmember Chavira’s positive vote of support for the IceArizona arena management deal.

Sherwood ran supporting his constituency’s opposition to continuing the practice of exorbitant financial payments to operate the city’s arena. Inexplicitly he advocated for the IceArizona management deal at a cost of $15 million a year. His actions in connection to this support gave rise to an alleged complaint (eventually dismissed) to the Arizona Attorney General’s office regarding his divulging of executive session information. He seemed to have developed a pattern of deliberately supporting big money interests over the voices of his constituents. It was a pattern soon to be repeated.

In the matter of Becker Billboards Sherwood was a prime advocate for their interests while he once again ignored his constituency. It left a bitter taste with his constituents and now they were becoming alarmed about his lack of support for their views. His failure to connect with his constituency became an issue of contention with the proposal to sell the Foothills Branch Library. He failed to notify them of meetings on the issue usually until the day before a scheduled public meeting. He bragged about a luncheon meeting he had arranged with the Kathleen Goeppinger, President of Midwestern University, proposed buyer of the library.

He seemed to be very proud when he declared in a council workshop meeting he had met privately with one candidate under consideration as Glendale’s new city manager, Brenda Fischer. Many people were astounded that he would have done such a thing. He was her strong advocate and after she was hired he seemed to receive preferential treatment not only from Fischer but from her inner circle, including soon-to-be Assistant City Manager Julie Frisoni. It was seemingly obvious that Sherwood and his coalition of councilmembers had the ear of Fischer and her inner circle while those who opposed Sherwood and his positions were frozen out.

Sherwood appeared to be needy…he wanted to be recognized as a “major player,” locally and regionally.  He seemed to revel in the attention he received from Anthony LeBlanc, et.al, when they were seeking approval of their arena contract. After the management contract was signed he was observed lurking about at Coyote Town Hall meetings trying to catch LeBlanc’s attention until he was recognized and praised. Did he know observers reported members of IceArizona not only ignored him after securing the contract but apparently they ridiculed him as well?

When it came to Becker billboards that stakeholder group had contributed significantly to Sherwood’s campaign and so, he seemed to reciprocate by advocating for them. Again, Sherwood seemed to ignore his constituency’s overwhelming opposition to the billboards in favor of those who generously contributed to his campaign coffers. Then there are the countless recitations by many on the 4th floor of city hall who heard Sherwood’s declarations that he was the “real” mayor of Glendale. Many city employees thought he was arrogant and dismissive of them.

The nail in the proverbial coffin was his apparent belief that he was above the law. He accumulated at least 6 driving citations in a relatively short time period and then failed to follow through in fulfilling his responsibilities for those actions eventually leading to a state-wide warrant for Failure to Appear. This issue was resolved only after it was publicly reported that he was caught with his hand in the proverbial cookie jar. In a recent press release he admitted to using city funds to rent a vehicle while driving on a suspended license and pledged to reimburse the city.

After all of his purported foibles, who wanted Sherwood to remain in office? The largest supporter of keeping Sherwood in office was Phoenix Firefighters Local 493 Fire PAC Committee (responding to the bidding of its sister Glendale union) having contributed $14,000 to an Independent PAC called Citizens for Safety and Education run by a long time fire union activist, Mike Colletto. Between October 2 and October 14, 2015 the independent committee spent $11,412.96 advocating for Sherwood’s retention. By the way, per usual, Sherwood was late in filing his latest campaign expense report. He raised nearly $40,000 ($39,810.30). Of note, that’s twice the amount that his opponent, Ray Malnar, raised ($18, 800). Sherwood’s big money contributors were: Mark Becker – $3,000 on 9/9/15; the Tohono O’odham – $6,250 on 10/8/15; Nick Wood (an attorney for IceArizona) – $1,500 on 10/8/15; Jason and Jordan Rose (Becker billboards was/is a client) – $1,000 on 10/17/15; and members of the Molera Alvarez political consulting group – $1,000 on 10/21/15 and 10/22/15. Let’s not forget PAC contributions, much of it union money, totaling $28,000:

  • Arizona Pipe Trades               $10,000                             9/11/15
  • IBEW Local 640                        1,000                              9/15/15
  • Republic Services, Inc.                 500                              9/15/15
  • Iron Workers Local 75               2,000                              9/16/15
  • Phoenix Firefighters
  • Local 493 Fire PAC                    1,000                               9/16/15
  • Surprise PRO Firefighters
  • PAC                                         2,000 (cumulative)            9/16/15
  • United West Valley
  • Firefighters                               2,500 (cumulative)           9/16/15
  • Pinnacle West PAC                        500                              9/21/15
  • Gilbert Firefighters                    4,000 (cumulative)           10/14/15
  • United Mesa
  • Firefighters                               4,500 (cumulative)           10/14/15

Why has Gary Sherwood become the first councilmember ever successfully recalled in Glendale’s history? Despite the tremendous fire union financial and manpower support as well as the financial support of “big money” interests, Sherwood ignored the voices of his constituency and demonstrated that he was apparently more willing to support the interests of those who contributed generously to his campaigns. You can be sure Sherwood will place the blame on “outside interests” such as casino opponents but Sherwood was the architect of his own political demise by making choices that seemingly benefitted him in the short term while ignoring long term consequences. He died politically by a thousand, tiny cuts self inflicted as he made choices that seemed to benefit only himself. Sherwood has no one to blame but Sherwood. He made his choices and has been made accountable for them by his district’s voters. In commenting on his loss Sherwood said he plans to run again in November of 2016. Albert Einstein once said, “Insanity is doing the same thing over and over again and expecting different results.”
Sometimes…every once in awhile…the good guys do win…

© Joyce Clark, 2015

FAIR USE NOTICE

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

 

It has been 17 years and 306 days since the city’s pledge to build the West Branch Library.

PLEASE NOTE: Today, November 3, 2015 the voters of the Sahuaro district will decide to retain or recall current Councilmember Gary Sherwood. They have already submitted their Early Ballots. If for some reason you still have your Early Ballot you can drop off your completed ballot at any Sahuaro polling location today. Sahuaro district voters do have a choice. They can keep the same representative or opt for change by voting for Ray Malnar. Mr. Malnar is a man of honesty and character whose agenda is to serve the residents of his district in a fiscally conservative and meaningful manner. If the poll to the left of this column is any indication tonight when the votes are tallied the people of the Sahuaro district will have a new councilmember. It may be premature but congratulations to our newest councilmember, Ray Malnar.

How come the city has the capacity to use General Obligation (GO) bond funding (paid by sales tax dollars that flow into the city’s General Fund) to cover $22.3 million dollars to buy 99 acres from the Pendergast family to be used, in part, to satisfy the Bidwill’s and Arizona Sports and Tourism Authority’s requirement for parking for football games yet has no money to construct a West Branch Library? According to Erik Strunk, Director of Parks, Recreation and Library Services, “There are currently no general fund monies available for enhanced library services in this area. Again, the only money we know of that’s available right now is the $2.5 million in development impacts fee money.”

Isn’t it amazing? The city has the opportunity to buy land and voila! There’s money to pay off those GO bonds but to build a library, there’s no money…that is a lot of b_ll s__t. Remember in 2006 a majority of city council stole $6 million earmarked for construction of the West Branch Library and diverted it to construction of the Public Safety Training Facility.

This is but one example of the city playing games with money slated for construction of the West Branch library.

  • Fact:  Glendale voters approved $9.7 million in March of 1987. There is still $1.7 million in library capacity from that approval.
  • Fact: Glendale voters approved $411 million in November of 1999. There is still $7.47 million in library capacity from that approval.
  • Fact: Glendale voters approved $270 million in May of 2007. There is still $12.37 million in library capacity from that approval.
  • Fact: Right now, this very minute, there is over $20 million in bond capacity to build a West Branch Library.

At the September 16, 2008 city council workshop meeting the scheduled completion of the library was 2009 and staff said, “by 2010 the West Branch Library will serve a population of approximately 50,000 in the western area of Glendale, and it is anticipated that more than 1,000 people per day will utilize the services of this branch.”

Residents of west Glendale need to thank Mayor Weiers for asking staff to “refocus” on the promises made regarding what is now called Heroes Park at the northeast corner of Bethany Home Road and 83rd Avenue. We residents appreciate his concern but after waiting 17 years to see this park developed the only action that will suffice is to see dollars being spent.

So they throw us a bone and think that will keep us quiet. Their sop is to install a prefab building, a glorified trailer of about 7,500 square feet in Heroes Park. It will be smaller than Velma Teague Library and smaller than Foothills Library. Gee, aren’t we lucky? Now we will be required to be appropriately grateful.

In the 1975 film classic Network the news anchor Howard Beale stridently bellowed, “I’m mad as hell and I’m not going to take it anymore.”

17 years is a long time to wait for this city make good on its promises. The residents of west Glendale are mad as hell and not going to take it anymore. If the mayor and certain councilmembers want our votes they are going to have to deliver.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 301 days since the city’s pledge to build the West Branch Library.

Once again the Glendale Star’s bias is showing. An October 23, 2015 story by Carolyn Dryer, editor, bemoans the fact that it looks like House Resolution 308, the Keep the Promise Act introduced by Representative Trent Franks, will soon come up for a successful vote in the Congressional House of Representatives. Here is the link: http://www.glendalestar.com/news/article_9a937bea-79d8-11e5-b35d-6b9c5634463d.html .

The House has essentially passed the same bill two times previously with bipartisan support.  It is said, “the third time’s a charm.” Let’s hope so. Once the House passes the bill it moves to the Senate. A Republican majority provides a strong chance that it will pass there as well.

One should note that the Glendale Star was obviously provided a copy of a letter by Representative Raul Grijalva, an opponent of the bill, sent to House Majority Whip Kevin McCarthy. Grijalva’s letter is quoted extensively as he requests procedures designed to delay or kill the bill.

The Star also attempted to gain an interview with the House Majority Leader and is quoted as saying, “I realize we are not a national network probing for the truth, but we are a media outlet that is trying to educate our readers.” Unfortunately, there are two glaring errors in their statement. The Star appears to be a long, long way from “probing for the truth.” Oh wait, it’s probably their version of the truth. They also represent themselves as “trying to educate our readers.” That, too, appears to be fudging. If there really was a genuine attempt to educate the reader, the article would have been more balanced with statements from casino opponents as well as proponents. Instead it’s just another vehicle of support for the Tohono O’odham.

Don’t you find it interesting that the Star wrote a blistering editorial condemning Councilmember Sherwood’s actions flaunting the law yet seems to look the other way when it comes to the Tohono O’odham’s flaunting of the law and their casino?

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 292 days since the city’s pledge to build the West Branch Library.

On October 8, 2015 Glendale released its analysis of the expenses incurred in hosting the Super Bowl. Here is the link to the full report: SuperBowlXLIXPostEventAnalysisFinal2015_10_08 . I don’t know why this report is not on the city’s website. It should be available to every Glendale resident. The report is comprehensive and offers, “The purpose of this report is to provide a comprehensive overview of the city’s obligations and how they were met, a summary of the ancillary events and activities that took place, an analysis of specific city services provided, an assessment of stakeholder impacts, and a comprehensive financial analysis (page 2, executive summary).” I do take issue with some elements of Glendale’s final report, namely, cost avoidance and the lack of tracking employee time.

As I have suggested innumerable times, the only way hosting the Super Bowl works for Glendale is if a reimbursement mechanism is created by the State Legislature or the Host Committee. Whether the loss is a half million dollars or two million dollars, it is not a cost the taxpayers of Glendale should bear to enrich the state or other Valley communities. Glendale noted, “Other communities around the country that host Super Bowl have established a state-level funding mechanism to cover costs to local communities, or in some cases, Host Committees reimburse cities for associated costs. As an example, the city of Santa Clara, California (host of the upcoming 2016 Super Bowl) entered into an agreement with their stadium and Host Committee wherein the Host Committee is responsible for reimbursing the city’s direct costs (actual costs incurred) for all planning and execution activities associated with providing governmental services inclusive of public safety, traffic management, planning, building inspection, and public right-of-way clean-up (page 2, executive summary).” Until such time as a reimbursement mechanism is created Glendale should not participate in hosting another Super Bowl.

The report emphasizes the issue of cost avoidance. What is cost avoidance? According to the report, “At the onset of planning, staff was tasked with identifying service delivery alternatives or creative innovations that could be implemented to reduce costs or engage community partnerships in support of the city’s planning and execution efforts associated with Super Bowl XLIX. As a result of the combined efforts of the city’s planning team, Glendale realized cost avoidance of approximately $672,781…(Page 15).” Cost avoidance is only legitimate when it absorbs costs to provide necessary services to plan or execute the Super Bowl event. There were 2 items that could be classified as true cost avoidance: Light towers provided by the Department of Homeland Security at a cost of $12,000; and the city’s successful negotiation to eliminate a shuttle obligation at a cost of $200,000. These 2 items totaled $212,000.

An item that should not be considered cost avoidance ($415,625) is Valley fire and police agencies contributing staff time at their own expense. It is generally understood and accepted by all that any host city (anywhere) is not capable of providing the total police and fire services required. Other agencies understand that they will provide staff time at no cost to the host city. This action occurs at all Super Bowls, not just here. Calling this item cost avoidance is no more than ginning up the cost avoidance numbers. Other items listed as cost avoidance such as the Visiting Public Safety Officials Program ($16,656) were not required or necessary to plan or execute the Super Bowl. True cost avoidance totaled $212,000, not the $672,781 touted by Glendale.

Another problematic area of the report deals with Glendale’s reluctance to and lack of tracking of employee time spent in preparation and execution of the Super Bowl. Glendale says, “Preparations and planning for Super Bowl XLIX began in August 2013 with the assignment of two project managers and a team of approximately 20 employees representing multiple disciplines over 12 departments. All participating members of the planning team took on the responsibility in addition to their regular duties. Planning activities included participation in the following activities: internal core team meetings/communications, budget development, regional public safety planning, Host Committee briefings, stakeholder engagement, transportation planning, NFL production team, vendor engagement and media interviews (Page 12).” This team consisted of primarily salaried employees (paid an annual wage and benefits no matter the number of hours worked) and included:
• Economic Development Officer Jean Moreno
• Development Services Director Sam McAllen
• Police Commander Richard Bradshaw
• Interim Public Works Director Cathy Colbath
• Building Safety Manager Justine Cornelius
• Assistant Fire Chief Chris DeChant
• Transportation Systems Manager Trevor Ebersole,
• Airport Administrator Walter Fix
• Planning Director Jon Froke
• Fire Inspector II Anthony Gavalyas
• Senior Marketing & Communications Manager Joe Hengenmuehler
• Licensing & Taxpayer Analyst Tammy Hicks
• Fire Marshall Charles Jenkins
• Assistant Police Chief Matt Lively
• Assistant Planning Director Tabitha Perry
• CVB Manager Lorraine Pino
• Economic Development Administrator Kristen Stephenson
• Intergovernmental Programs Director Brent Stoddard
• Communications Director Julie Watters

I can see it now. When one of these people had to meet regarding the Super Bowl, they designated an associate to be in charge of their regular duties. Their responsibilities transferred to someone else who had to pick up the slack. These are valuable employees whose time was taken away from administering their departments and providing service to every Glendale resident. How much time was diverted from providing service to you, me, all of us? 1,000 hours, 2,000 hours? Glendale may consider it inconsequential to track their time but we, the taxpayers of Glendale, would like to know how many hours and the value of their time was diverted as a result of the Super Bowl. It is a true cost that must be accounted for.

Add the cost of non-salaried employees (paid wages and benefits for a 40 hour work week) who were tasked with carrying out the plans of this committee. It constitutes a direct transference of service time belonging to Glendale residents and diverted to support the Super Bowl.

Glendale’s rationale for its failure to track employee time and consequently the value of that time as a direct cost occurrence is, “In conclusion, the determination was made that the task of serving as the host city for the Super Bowl was a service being provided as a result of Council direction (Page 13).” On the face of it, that is one of the most illogical statements ever. Glendale goes on to say, “More importantly, requiring employees to track time would not be an effective or efficient use of scarce resources and there was no monetary gain that could be accomplished by doing so (Page 13).” Really? True, no monetary gain would be achieved but thousands of employee hours at real cost as well as service delivery avoidance to Glendale residents should be accounted for. It is a true cost to the taxpayers of Glendale that to date has remained hidden.

Glendale goes on to say, “Setting aside cost avoidance, after accounting for Glendale’s direct costs and direct fee-based revenue, the result was a negative net financial impact of $578,965. It is important to note that this does not account for any costs associated with pre-planning activities (Page 2, executive summary).” If the costs of employee time were recognized in this report it is expected that the true cost, rather than the $578,965 acknowledged would double to over a million dollars.

It is to be expected that Glendale would put as much positive spin on its hosting costs as possible and goes to great lengths to point out that Glendale does not have enough hotel rooms or venues to gain financially as well as offset it costs to host a Super Bowl. The overarching issue remains that Glendale experiences a financial loss in hosting the Super Bowl. Until that is remedied Glendale should not be in the Super Bowl hosting business.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 287 days since the city’s pledge to build the West Branch Library.

On September 20, 2015 former Glendale Fire Chief Mark Burdick pulled a packet to begin the process to run for mayor of Glendale. That sparked many asking if I would run for mayor. The answer is “no.” I am really enjoying my retirement as well as my new found freedom to comment on Glendale’s issues.

Personally, Mr. Burdick is gregarious and affable. He is a nice man but I know a lot of nice people who do not possess the qualities one would expect of a mayor.

There are two major factors about Burdick that voters should consider a year from now when the election occurs. One is the history of his past associations. Burdick was in the Beasley/Fischer-Frisoni-Tindall inner circle.  Apparently Beasley left as city manager while he could for surely he would have been terminated for his alleged favoritism, i.e, allowing Alma Carmichel, former HR Director, to telecommute from Mississippi; and allowing Art Lynch, former Finance Director, to profit handsomely as a consultant after he left Glendale’s employ. Fischer left as city manager after her actions of publicly berating the Glendale Chamber of Commerce President and in a retaliatory move requested councilmember emails. Tindall and Frisoni were employees who allegedly used their positions to further the goals of the Coyotes ownership group in its dealings with the city. Also Burdick appears to support Councilmember Sherwood who is facing recall on November 3, 2015. Burdick continues to maintain a relationship with Frisoni for he hired her to design the marketing package for his brand new company. In fact, I still remember the evening at a function at Westgate when Burdick and Frisoni lobbied me to choose Tindall as Glendale’s Interim City Manager. There is an old adage that you are judged by the company you keep.

The other major issue is the question of the effectiveness of Burdick’s leadership while he was Glendale’s Fire Chief. It appears that Burdick ceded his vision and leadership to the Glendale Fire Union. Fire union employees are sprinkled throughout the organization in decision making positions and other positions of power. Burdick seemed powerless to rein in the fire union’s agenda and goals. He didn’t seem to have the backbone to stand up to them and to advance an agenda that was good for all of Glendale – not just the fire union. Burdick, as fire chief, would have occasional but regular lunch meetings with councilmembers. I always felt as if I were listening to the fire union’s emissary. Several times I suggested that Burdick had to gain control of his department and I would get silence and this seemingly “deer in the headlights” look from him. His leadership skills are in doubt.

Make no mistake; Burdick will enjoy the full force and resources of the fire union’s support in his quest for mayor. That means that every Valley fire union chapter (except Glendale for that would violate the federal Hatch Act) will donate to his campaign. All of these chapters will “volunteer” labor to put up his campaign signs (while helping opposing candidates’ signs to disappear or be vandalized) and droves of firefighters will walk the length and breadth of Glendale handing out pro-Burdick flyers. The big gorilla, the Phoenix chapter, will do the same in spades, in addition to making independent expenditures for campaign mailers. They want Burdick in as mayor…badly. Can you imagine the coup of having a former fire chief as the mayor of one of the largest cities in the state?

Again, Mr. Burdick is a nice man but you vote for him at your peril. Do you want a mayor who will advance the fire union’s agenda by pouring resources into the fire department at the expense of every other department in the city? The city only has so much money in its General Fund. Do you want your General Fund tax dollars being used for fire almost exclusively while ignoring libraries, parks, streets and a host of other essential needs?

Mayor Jerry Weiers will face a tough reelection. If he expects to prevail he had better get out into the community now. To this day many consider him invisible. He needs to up his public profile. Burdick is already hitting Weiers on the decision to cancel the Coyotes contract and to enter into a two year deal with them. That decision will play well with many voters because it reduced the burden on taxpayers considerably and they like that. Weiers still faces the possible specter of having Sherwood and/or Aldama run for mayor as well.

Burdick will receive a lot of help in his campaign. Don’t become mesmerized. He, like anyone else, has feet of clay. His associations with seemingly bad actors within Glendale government and his seeming inability to lead his own department are Burdick’s feet of clay.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 283 days since the city’s pledge to build the West Branch Library.

Two new items have been added to the city council agenda for Tuesday, October 13, 2015. They were added just before the close of business on Friday, October 9, 2015. They are agenda items 58 and 59. Both items are related to one another and call for city council approval the purchase of  99 acres at 91st Avenue and Bethany Home Road for $15,526,542.00 from the Pendergast family. The Pendergast family deserves the city’s thanks. They have lived in Glendale for generations and have roots here as well as a genuine love for the city. They have been involved in the life of Glendale for many years and have contributed their time, talent and money for the benefit of the city. I, for one, thank them.

I congratulate Interim City Manager Dick Bowers and the city council for this action. In this instance, the city has been proactive in solving a long standing problem, namely that of being required to build a city parking garage at Westgate for the benefit of the Bidwill family. The city is required to provide 6,000 parking spaces for football games as well as major events that occur at the University of Phoenix stadium. As land was consumed at Westgate for new development the proscription to provide those spaces became more and more difficult forcing council discussion to consider building the facility. With purchase of the Pendergast land there will now be more than enough land to satisfy that requirement without the need to build a garage.

That garage would have cost the city far north of the $50M acknowledged as the construction cost. Paying $15M for the land plus the cost of constructing a parking area on a portion of the land is far less costly than at least $50M for the garage. Voila! Suddenly there will be no need to build a Taj Mahal of a parking garage. The parking spaces will not consume the entire 99 acres. It is not known as of this date how much land would be required.

The balance of the undeveloped land provides the city an exciting opportunity to control a portion of its own destiny. With regard to the development of the portion unused for parking, the city might consider partnering with a Class A private developer. There are many advantages to doing so. Among others, it could mandate final approval for any development that might be proposed. If it is developed commercially I would suggest that with over 2,500 existent apartment units (with another 4,000 approved) and over 4,000 homes close by, the city should use its best efforts to create a neighborhood shopping district with a grocery store and dry cleaners. There is no grocery store in west Glendale and those sales tax dollars go to Phoenix and Peoria. The closest dry cleaners is minimally 4 miles away in other West Valley cities.

No matter what the future holds for this land, kudos to all those involved with a special and most warm thank you to the Pendergast family.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Go pound sand…

Posted by Joyce Clark on September 23, 2015
Posted in City issue and actionsCity of GlendaleGlendale finances  | Tagged With: , | 6 Comments

It has been 17 years and 265 days since the city’s pledge to build the West Branch Library.

There are scads of words in the English language with which to characterize Doug MacEachern’s editorial in the Republic on September 10, 2015. Here’s the link: http://www.azcentral.com/story/opinion/op-ed/dougmaceachern/2015/09/10/west-side-valley-economy/72034706/ .

Just a few that come to mind are: elitist, snobbish, snooty, snotty, arrogant, haughty, imperious, pompous, presumptuous, superior, conceited and smug.

I am not disputing MacEachern’s assessment of Glendale’s attempt to become a sports mecca. His attacks on Glendale and its citizens are unwarranted. He characterizes all of Glendale’s citizens as “of limited means.” Or how about his opinion that, “Glendale is still Glendale. Not especially upscale, even in its upscale neighborhoods. And quite a bit more dicey around the edges…”. He ends his editorial trash with, “There are many nice places in the West Valley for tourists to stay. But if they have their druthers they are going to go to where the parties are rocking. And that’s not Maryvale. And it’s not Glendale.”

Really, Mr. MacEachern? One would have thought that having risen to the vaunted position of “idiotorialist” for the Republic you would have grown past petty sniping. You haven’t been invited into Glendale’s upscale neighborhoods because they are gated and you don’t have the code for entry.

Your editorial opinion is currently being used as puppy potty training paper and lining bird cages in a few homes in the West Valley. It’s only a few homes because the Republic readership is no longer as it once was.

If you feel the urge to share your opinion with Mr. MacEachern, here is his Twitter handle (@MacEachernDoug) and his email address: dmaceachern@azrep.com .

Mr. MacEachern, your East Valley elitism, snobbishness, snottiness, pomposity, conceit, arrogance and smugness are showing. Go pound sand…

 © Joyce Clark, 2015     

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It has been 17 years and 263 days since the city’s pledge to build the West Branch Library.

At its annual August retreat, the Library Advisory Board supported the concept of a manufactured or modular library building at Heroes Park in the Yucca district (west Glendale). Bless their hearts for their moral compasses were in the right place with their recognition that the Yucca district is sadly lacking in amenities, such as a branch library, found in other areas of the city.

If you have noted at the beginning of every blog I announce how long it’s been since the city promised to build a west branch library in the Yucca district to serve west Glendale. The count as of today is 17 years and 263 days.

I am tamping down my anger at the concept of a glorified trailer as our west branch library. I understand the city is feeling guilt over never having built the west branch library but offeringfoothills a sop to the citizens of west Glendale is, in truth, insulting. Where, oh where, will we put the Dale Chihuly type art? Or the Magic Doors opening into the magical children’s reading room? Foothills library (Cholla district) patrons received a building replete with original art to enjoy during their visits. Oops, I forgot. Foothills Library is in former Mayor Elaine Scruggs’ district. Yucca district seems destined to remain bare bones. After all, that’s always been what the city has decided west Glendale merits. Except. Except… wait for it…an arena “destined “to propel former City Manager Ed Beasley and former Mayor Scruggs into the national limelight.

Otherwise when it comes to the Yucca district the city always falls back on the rationale that “there is no money.” That excuse only comes into play when a major city building for the use and enjoyment of its citizens is proposed for the westside of Glendale. It isn’t a consideration when approval is given to build a $50 million dollar plus parking garage at Westgate to satisfy the demands of the Bidwills.

The lack of amenities for westside Glendale residents is appalling and has been for many years. Of the 58 small and neighborhood parks (10 acres or less) owned by the city only 5 of them are in the Yucca district (the district’s east boundary is 75th Avenue and west boundary includes all incorporated west to Sarival Avenue; Northern Avenue on the north and Camelback Road on the south).

Of those 5 parks, 3 are joint city/school neighborhood parks with limited hours of access during the school year. They are: Desert Mirage Park at 87th Avenue and Maryland Avenue; Discovery Park at 79th Avenue and Maryland Avenue; and Orangewood Vista Park at 79th Avenue and Orangewood Avenue. Two neighborhood parks are entirely city owned: Pasadena Park at 87th Avenue and Pasadena Road and Sycamore Grove Park at 86th Lane and Emil Rovey Parkway.

What about Community Parks of 10 to 80 acres? Don’t look for any, for there are none in the Yucca district; in the only district that has large portions of vacant developable land.

Of the 6 Regional Parks in Glendale there are 2 listed Regional Parks in the Yucca district: the Grand Canal Linear Park and Heroes Park. Let’s take a closer look at both. The Grand Canal Linear Park was built with the city kicking and screaming all the way. It is part of the Maricopa County Flood Control District and the county district paid the lion’s share of its construction. If the County had not initiated the project there would be no linear park.

Heroes Park contains a splash pad, 4 basketball courts and rental ramadas…that’s it. The majority of the land in that park grows a wonderful annual crop of tumbleweeds. Forget the X Court (skateboard facility). It was closed years ago. Gone is the Master Plan that included baseball fields, a dog park, a west branch library, an urban fishing lake and a recreational center. None of those have been acknowledged for years. Look at the proposed temporary archery range. Have you seen it? I haven’t.

If for no other reason, the city should be providing amenities in west Glendale to encourage development in this slow economy. What employer wants to locate in an area where there are few, if any, amenities for its employees who wish to recreate close to where they live and work? An employer, in order to attract top quality employees, relies upon its location within a city and what a city offers in terms of recreational and cultural opportunities to potential employees/residents. The lack of amenities can be the deciding factor between Glendale and any other Valley city.

So what should be done? Build a glorified trailer in Heroes Park? I say no. What makes far

Courtesy City of Glendale

Courtesy City of Glendale

more sense is to utilize the mostly empty Glendale Media Center at Westgate. The first floor contains all of the city’s media facilities and equipment and should remain. But there is the second floor and third floor, underutilized, that could make one heck of a west branch library. It would be sited where it would enhance the existent surrounding development. How about parking you may ask? As for parking, there isn’t adequate parking at Foothills Library and it doesn’t appear to be a detriment. A west branch library facility could use the parking garage at Westgate by offering library patrons vouchers for parking. It is a city owned parking facility run by the Renaissance Hotel but it is our facility and we do set the rules for its use. This library site would require either an enclosed elevator or escalator on the outside of the building thereby removing the need for the general public to access the media facilities located on the first floor as well as preserving as much space as possible for library use. Certainly the  the retrofit would be on par for a “trailer” whose destiny is to morph into an insufficient library.

Libraries of the future will be different from those of the past. A west branch library at the Media Center should be heavy in two areas that reflect that: technology and lots of it (with media equipment on the first floor it seems that its fiber optics would be first rate); and the children’s area. Up to the minute technological access is critical. Libraries are our best and greatest system of introducing books and the habit of reading to our youngest little ones. It is a habit to be encouraged. Childhood literacy is the foundation of a well educated work force.

Then what about Heroes Park? Do we continue to allow it to languish and grow annual crops of tumbleweeds? No. Two major amenities must be built there and not in another 20 years. It is time for the city to commit its resources to this park. One is an Urban Fishing Lake. The other is a Performing Arts Center/Art Gallery/Art Center which would be within easy access of the Loop 101. A performing arts center/art gallery/art center is an amenity that Glendale has sadly lacked for many years. It is an amenity that helps to define the very character of a great city. It is an amenity that fosters “community.” It is an amenity that this council needs to plan for and build…now…not 20 years from now.

We’ve tried turning the city into a sports mecca and failed miserably. Why not focus our time, talents and resources into creating a point of pride that will be useable and available to all of Glendale’s residents? It’s time to turn Heroes Park from a dusty, woe begotten piece of derelict land into a site of cultural vitality for all of the people of Glendale. It’s time, long overdue, to mete out some justice and equity for the people of west Glendale.

© Joyce Clark, 2015

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It has been 17 years and 256 days since the city’s pledge to build the West Branch Library.

I spent some time reading the audit of the Coyotes released by the city on September 9, 2015. Here is the link: https://www.glendaleaz.com/auditor/documents/ArenaContractComplianceReview2015.pdf . The overall sense of the audit expresses the city’s deep frustration with IceArizona’s failure to provide all of the information required by the Professional Management Services and Arena Lease Agreement (PMSA).

Here are a few of the limitations utilized by IceArizona in responding to audit requests:

  • “City staff requested that the Arena Manager provide the City’s auditors and Consultant with a copy of the Team Owner’s financial statements. The Arena Manager denied this request.”
  • “The City’s auditors also requested an independent confirmation of the Team Owner’s 2013/2014 annual operating loss. The Arena Manager’s independent external auditors denied this request.”
  • “On March 13, 2015, the Team Owner issued a notice to the City of the Team Owner’s claimed operating loss for the ‘First Certification Period,’ as defined in the PMSA. The Team Owner provided no additional backup documentation, including Team Owner financial statements, for the city to verify the claimed operating loss.”

Much of the final audit findings are no longer applicable or relevant since the city council cancelled the original contract and negotiated an amended contract good for two years. The audit dealt with all of the revenue streams some of which are no longer applicable under the new temporary contract. However, there were quite a few potential non-compliance issues identified:

  • “Early Termination: The Team Owner’s June 30, 2014 financial statements were not provided to the City, prohibiting the City from verifying the Team Owner’s claimed operating loss. Additionally, the City’s estimate of the Team Owner’s 2013/2014 operating loss is greater than the Team Owner’s March 13, 2015 claimed operating loss based upon the information provided to the City and the Consultant by the Arena Manager. It appeared that the loss as reported to the City was not based upon the Team Owner’s financial results but was based upon the Partnership’s earnings before interest, taxes, depreciation and amortization from the consolidated audited financial statements.” The city had to subtract out the Arena Manager’s audited financial statements from the Partnership’s financial statements since they were not reported separately but all lumped together. The city calculated the Team Owner’s loss to be greater than what they reported to the city.
  • Naming Rights: The City was not paid their full share of naming rights under the 2006 Jobing.com Naming Rights Agreement, resulting in a potential underpayment.” Under the agreement the city was to receive 20% or $1.2 M a year ($60,000 a month). Instead the city received $55,540 for the year. Unilaterally IceArizona said if Jobing.com pays us less, the city gets less. They also independently revised the definition of what components made up the naming rights and told the city that it was not entitled to some of those revenue components.
  • “Qualified Tickets: The number of paid admissions reported by the Team Owner to the NHL was higher than the number of paid admissions reported to the City, resulting in potential surcharge and supplemental surcharge fees still due to the City estimated at $39,640.” The number of paid admissions reported to the city was 533,856; the number reported to the NHL was 542,665 ( a difference of 8,809). The number of complimentary tickets reported to the city was 43,762; the number reported to the NHL was 34,953. The city should have received an additional $39,640.50 for the unreported 8,809 tickets.
  • “Supplemental Surcharge Fees: The Arena Manager did not establish a Supplemental Surcharge Escrow Account in 2014/2014 and deposit funds into the account as required by the PMSA. The Arena Manager wired the entire amount of supplemental surcharge fees that were collected throughout the year to the City on July 9, 2014.” Again, because of the discrepancy in reported ticket sales the city did not receive all supplemental revenue to which it was entitled.
  • “Annual Financial Reports: The City did not receive the Arena Manager’s audited financial statements, which were due September 30, 2014, until February 25, 2015. The Team Owner’s annual financial statements were not reported to the city. The Arena Manager’s independent external auditors were unable to confirm the Arena Manager’s and Team Owner’s 2013/2014 revenues and expenses to the City.
  • “Sales Tax: The Arena Manager and the City have not clarified responsibilities regarding the collection and remittance of sales tax, potentially resulting in unremitted sales taxes on certain Arena revenues.”
  • “Annual Budget: The Arena Manager submitted the 2013/2014 annual budget to the City late on March 25, 2014. The budget was due within 30 days of the closing date of the PMSA.

What does all of this government-speak mean in plain English? The city was frustrated because IceArizona was very late in submitting their audit and IceArizona played games with the report they submitted. The city was put in the position of finding the hidden pea under three cups. The city was conned. IceArizona’s game playing shouldn’t come as any surprise. After all, look at with whom they surrounded themselves…Craig Tindall, Julie Frisoni and Gary Sherwood…who appear to be three little peas in an ethically challenged peapod.

The city didn’t care about the profit and loss statements of the IceArizona partnership. It wanted and didn’t get, two, separately and independently verified audits of IceArizona as the arena manager and IceArizona as the team owner. The city suspects that the annual loss was greater than IceArizona reported but without those two audits the city can surmise but not verify their suspicion. The city was underpaid on ticket sales and the related surcharges that flowed from the ticket sales. The city was underpaid on naming rights because IceArizona unilaterally changed the rules of the game. Finally, the city may also have been underpaid on sales tax revenues generated within the arena.

After having seen the results of the audit is it any wonder that a majority of council cancelled the original agreement? It also lends credence to council’s decision to move forward with putting the arena management contract out for bids. IceArizona has demonstrated an unwillingness to share crucial information, financial or otherwise. They have flexed their muscles as the “big boys” and have shown considerable distain for the city and the taxpayers whose dollars keep them alive.

IceArizona, just like any other entity, is free to submit a bid but based upon their past performance. They will have to clean up their act considerably to be considered seriously.

© Joyce Clark, 2015

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It has been 17 years and 246 days since the city’s pledge to build the West Branch Library.

In political terms the Sherwood recall election is coming very soon…November 3, 2015. On the ballot you will see no rebuttal statement by Sherwood because he filed his statement after the mandated deadline. His failure to interpret the fine print is a typical Sherwood failing. He has often had to amend his campaign filings for the very same reason and he has been fined by the City Clerk for filing required documents late.

Sherwood created the mess that he is in. He reneged on his campaign platform almost immediately. He appears to have cut a deal with Councilmember Chavira and so he voted for the casino and in turn, Chavira voted for the Coyotes. His public announcement of his private interview with former City Manager Brenda Fischer immediately raised eyebrows. Once Fischer was on board he aligned himself with her, Frisoni and Burdick. There were reports of his having lunch with them individually on a regular basis.

The office of councilmember beguiled Sherwood. Now he was somebody. He reveled in associating with the big dogs…Anthony LeBlanc, Michael Bidwill, Ned Norris, Jr. and Mark Becker. He not only advocated for their projects he was their biggest champion and constantly referred to his private conversations with them. He dropped names and made sure everyone knew he was their buddy.

After only a few weeks in office he began gunning for Mayor Weiers and brought topics to council workshop that he hoped would embarrass the mayor all the while proclaiming on city hall’s 4th floor that he was the “real” mayor of Glendale. Sherwood quickly became full of himself. He refused to listen to his constituency on issues such as Becker billboards and the library. When they spoke publicly he often denigrated and demeaned them. He failed to communicate on a regular basis with the people in his district. He failed to advise his constituents of important meeting dates on hot topics…such as the possible closure of the Foothills Library.

Sherwood dug his own hole with his seeming arrogance, cronyism and lust for power. If my unscientific poll on this blog is any indication, Mr. Ray Malnar, has an excellent chance of taking the Sahuaro district council seat. Right now there are 151 votes (74%) against Sherwood and only 54 (26%) for Sherwood. I suspect these results will be mirrored in the Recall Election on November 3, 2015.

Who is Ray Malnar, Sherwood’s opponent? I had an opportunity to sit down with Mr. Malnar over a cup of coffee (in my case, tea). He is a breath of fresh air and couldn’t be more different from Sherwood. Mr. Malnar is a man grounded by family, friends and his faith. He is a small business owner of All Stone Tile & Wood Restoration, a licensed and bonded company in business since 1995.

Mr. Malnar has not served on a Glendale Board or Commission but so what…neither did I when I ran for my council seat. Serving on a board or commission signals that a candidate may have been co-opted by the city and may have developed sympathies for city positions on issues. He has been involved in the life of our community in other, equally impressive ways. He currently serves as a Court Mediator and Court Hearing Officer for the Maricopa County Justice Court. He is a current board member of Choice Academies and the West-Mec School District. He was a Boy Scout leader for 15 years and has been involved in various church activities.

He is a graduate of the University of Utah and has a BS in finance, a BA in speech and communications and an MBA. His intellectual strengths are in finance, accounting, information systems, general business management and governmental affairs. He is not self-effacing but is quietly confident. He is eager to build relationships that foster trust and believes in empowering others. He is a gentleman and shows respect for all. He genuinely listens to those who wish to share their concerns or different points of view with him.

The voters of the Sahuaro district do have a choice on November 3, 2015. They can choose Sherwood and receive the same lack of representation, the same arrogance and the same distain for views he does not share. Or they can choose Ray Malnar, a man who has committed to representing his future constituents, who respects others and a man who has business and finance experience. Nationally we hear every day that the electorate is seeking change. Voters of the Sahuaro district have a rare opportunity to do the same by voting for Ray Malnar.

If you think it is time for a change in Sahuaro district representation please share this blog with family, friends and neighbors. Let them know they have a choice in November. Let them know they can vote for a good, solid candidate, Ray Malnar, who will do what Gary Sherwood failed to do…represent them.

© Joyce Clark, 2015

FAIR USE NOTICE

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