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Joyce Clark Unfiltered

For "the rest of the story"

It has been 17 years and 193 days since the city’s pledge to build the West Branch Library.

I am about to do a commercial. No, not for Willie Wonka but for John Oliver. Who is he, do you say? Don’t feel dumb. I didn’t know who he is either. He is a comedian on HBO with a show entitled “Last Week Tonight.” Here is the link to one of his latest efforts: Last Week Tonight with John Oliver: Stadiums (HBO) – YouTube .

I want to thank ‘Me’ and a friend, both of whom sent me the link to his monologue on sports stadiums. He cracked me up and if you watch you may share my opinion. I’m going to watch previous episodes and make sure I watch from now on.

He may be a comedian but he and his production team do a lot of research and interspersed among the jokes are big, fat, fact bombs. He described today’s stadiums as thFYHUH64Abeing designed by “a coked up Willy Wonka” as he pointed out that the Marlins have an aquarium behind home plate and Dallas has a suspended swimming pool within its stadium. He said that in the past 20 years $12 billion dollars has been spent on 51 stadiums in the United States. He alluded to the often used statement by team owners that they cannot afford to build a stadium on their dime. Yet they will not share their financial books to provide a modicum of truth to the statement. He went on to say that owners monetize every part of the stadium and do not revenue share with taxpayers who foot the bill for constructing these stadiums. These owners keep the revenue on such items as naming rights, concession sales tax and luxury suite sales.

John Oliver even introduced Glendale into the picture at the 13 minute, 59 second mark. He highlighted that Glendale had cancelled their arena contract and the mayor and councilmembers have been virtually pilloried for doing so by showing the segment where a Coyotes fan tazed the mayor for a charity event.

Oliver is funny and he manages to use his brand of comedy to teach some basic facts about his topic of choice. Please join me in giving this guy a spin, kick his tires and check under his hood. We might learn something new in the process.

 © Joyce Clark, 2015

 FAIR USE NOTICE

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

Tomorrow, July 13, 2015 the Glendale city council will meet in executive session at 11 AM. What is the topic? Your guess is as good as mine. No one is talking and how could they? Senior staff has decided (perhaps wisely) that council will not know the subject matter of the e session until the actual meeting. The only other period of time staff went to such lengths was when Phil Lieberman was on council. It was suspected but never proven that he leaked e session material on a regular basis to Canadian folk during previous Coyotes’ buyer negotiations. This time the alleged leaker(s) may be Councilmembers Sherwood and/or Chavira spilling all to the owners of the Coyotes.

It may be that senior Glendale staff will present a Coyotes offer to the city council. There are events that hint that this may be the topic. Several councilmembers were scheduled last week for depositions with regard to the Coyotes law suit. Abruptly those deposition sessions were cancelled. Was it because the city’s attorneys were in talks with the Coyotes’ attorneys? The Coyotes payment of $1M bond and the city quarterly arena management payment of $3.75M are linked together and are to be paid concurrently. Neither has been paid to date.

If this is indeed what occurs tomorrow council will have several options. They do not vote in workshops or e sessions but do provide direction for staff. They can provide direction to: 1. Accept the offer; 2. Reject the offer; or 3. Send the offer back to the Coyotes with a counter proposal.

If you look at the council e session agenda for this meeting it is rather specific:

“A. The City Council will meet with the City Attorney for legal advice, discussion and consultation regarding the city’s position in pending or contemplated litigation, including settlement discussions conducted in order to avoid or resolve litigation. (A.R.S. § 38-431.03(A)(3)(4))

“B. Council will meet to discuss and consider records exempt by law from public inspection and are specifically required to be maintained as confidential by state or federal law. (A.R.S. § 38-431.03(A)(4))”

A.R.S. § 38-431.03 (A)(3)(4) is also pretty specific:

“(iii) discussion or consultation for legal advice with the city’s attorneys (A.R.S. § 38-431.03(A)(3));

“(iv) discussion or consultation with the city’s attorneys regarding the city’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation (A.R.S. § 38-431.03(A)(4));”

It is possible that they will discuss the city’s current law suit with Vieste over recycling issues at the city landfill but it doesn’t seem probable based upon the events of this past week.

On another topic, the University of Phoenix Stadium hosted a soccer cup game today, July 12, 2015. A friend happened to have lunch at Westgate today. The friend related that the Westgate parking areas were jammed and they finally found a parking space literally in the “back forty” of one of the free lots. They almost decided to leave assuming that if the parking lots were filled, so were the Westgate restaurants. That was not the case. Their restaurant, as well as others, was nearly deserted. Who was parking in all of those free Westgate spaces? They learned it was the soccer game attendees at the University of Phoenix stadium.

The stadium has since its inception relied on Westgate parking spaces for football games and major events. Per the agreement with the Arizona Sports and Tourism Authority (AZSTA) the city is responsible for providing 6,000 parking spaces for the football games and major events such as the Super Bowl and Fiesta Bowl. The city has always fulfilled its commitment to do so. Now AZSTA and the Bidwills are pressuring the city to build a $46M parking garage and the city is acceding to that pressure. Last fall senior staff brought forward a new capital improvement project – the infamous and very expensive parking garage at Westgate. Instead of building a library or a swimming pool as a capital improvement project Glendale taxpayers will be footing the bill for a Taj Mahal of a parking garage. You can count on its cost mounting. Don’t be surprised if the final bill is way north of $50M.

Glendale’s taxpayers are not happy about this. They ask why AZSTA and the Bidwills don’t build their own parking garage. They are the ones who need it. They are aware that the Bidwills sought and gained city approval for the development of Sportsman’s Park East and West. Those development plans include approval for several parking garages. Why don’t the Bidwills invest in a parking garage to meet the demands of their patrons attending their football games? Is it because they don’t want to pay for it? Is there a trigger threshold or event that requires the city to build this parking garage? What is it and has it occurred? Does the parking garage have to be as large and grand as staff presented or can it be scaled down to meet a minimal requirement? Can we wait until Glendale’s financial picture is stronger and can absorb yet another debt payment? When is the city going to prioritize the needs of its citizens first? So many questions – met with…silence.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 191 days since the city’s pledge to build the West Branch Library.

A political committee, registered in Glendale, Glendale First! is sponsoring the recall of up to 4 June30-GlendaleFirst-Amendedcurrent Glendale city councilmembers: Vice Mayor Hugh, Councilmember Turner and Councilmember Tolmachoff (they have yet to pull a recall packet on Councilmember Aldama). These 4 councilmembers, along with Mayor Jerry Weiers, voted to cancel the Glendale arena’s lease management agreement with IceArizona.

On their website they say, “It is the opinion of Glendale First! that the recent actions of the Glendale City Council regarding their vote to cancel the arena management agreement with IceArizona (the Arizona Coyotes) was hasty, ill-conceived, politically motivated, and fiscally irresponsible.” They are angry about council’s action and for them it’s payback time. Revenge is a heck of a reason to mount recall elections. This is reason #1 and it is the major reason.

Obviously reason #1 for the recalls will not play well with Glendale’s residents and so, reason #2 is Glendale First’s accusation that these councilmembers did not support public safety. By public safety, don’t be confused – Glendale First! is referring exclusively to the Glendale Fire Department and more specifically the Glendale chapter of the fire union.

The Glendale police unions made it clear that they did not share Glendale First’s allegation. Justin Harris, president of the Glendale Law Enforcement Association, spoke at a recent city council meeting and recognized and thanked the city council for its continuing support of public safety. Then the Glendale Law Enforcement Association and the Glendale Fraternal Order of Police ran an ad publicly supporting the councilmembers under threat of Glendale First’s recall effort. As an aside, another ad was taken out by all of the opponents who ran against the sitting councilmembers in the last election. Their ad also supported these members of the city council and their vote to cancel the contract. Obviously the men and women of the Glendale Police Department did not support the allegations of Glendale First! – but the Glendale Fire Union did.

Make no mistake, the fire union wants more money and appears to have partnered with Glendale First! to try to make that happen. Their argument for more money rests on their claim of deteriorating fire department response times. Yet the former Glendale Fire Chief publicly stated the department’s response times have remained constant over the past five years. The fire department is accredited and their response time is one of the major criterions for successfully acquiring that accreditation.

The recent history of the fire department demonstrates the fire union’s tremenous influence within the department. During former Mayor Scruggs’ tenure she allied herself with John Holland, former president of the local fire union chapter. Because of her support of Holland and his union Glendale’s fire chiefs were reluctant to oppose the union’s desires and demands. The union grew in power and strength until today it virtually runs the fire department. It will be extremely difficult if not downright impossible for any Fire Chief, including Interim Fire Chief DeChant, to put the fire union genie back in the bottle. Yet that is what must be done to get the fire department back on track placing the needs of its citizens first.

So reason #2 of non support by council of public safety didn’t fly either. That led to reason #3 and their newest allegation, Glendale First! feels the City Council acted inappropriately when it reclassified the inter-fund advances used to fund payments to the NHL, essentially removing that nearly $40M liability from the City balance sheet with the stroke of a pen and a vote for the budget. In effect, what had been a loan from several enterprise funds was made to disappear with no requirement for repayment.”

Has that money and the promise to repay the Enterprise Funds disappeared as Glendale First! contends? No, it has not. Here is the real story as Paul Harvey would say. In 2011 and 2012 in an effort to keep the Coyotes in Glendale, city council agreed to the NHL demand of a payment of $25 million a year. Funds to make the NHL payments were borrowed from the Enterprise Funds and were recorded on Glendale’s ledger as long-term borrowing and became new debt owed to: Water & Sewer, Landfill and Sanitation. It added even more debt to Glendale’s bottom line and was recognized as such by the bond rating companies. They considered this debt as another long term liability for the city.

The action city council took was to approve renaming this debt from the term “inter-fund advance” to “inter–fund transfer.” It’s no more than an accounting trick. By renaming this debt it had the accounting effect of removing it as a debt (even though it still exists as a debt) which in turn, satisfied the bond rating companies and provided them with a rationale to raise Glendale’s bond rating profile. They did not dismiss their obligation to pay this debt.

Is the debt still there and is it being paid off? You bet it is. At a recent April, 2015 workshop Councilmember Tolmachoff asked to bring forward a resolution to make the General Fund FY 2015-16 Inter fund transfer July 11, 2015inter-fund transfers to the Enterprise Funds part of the budget process each year. It resulted in a City council approved Resolution 4943 New Series on May 26, 2015 making the inter-fund transfers to the Enterprise Funds permanent. Each year the city council will decide what the monetary amount of the inter-fund transfer to the Enterprise Funds will be. This Fiscal Year, 2015-16, the amount of the inter-fund transfer to the Enterprise Funds approved by the city council located on page iv within this year’s budget is in the amount of $600,000.

Glendale First’s reason #3 against these councilmembers which was that they had made the loan from the Enterprise Funds vanish is simply not accurate. The money did not disappear nor did the city’s commitment to repay the Enterprise Funds. It appears as if Glendale First! will have to get creative and come up with a new reason for recall of the councilmembers.

We can strike Glendale First’s reason #2 of council’s non support of public safety.

We can strike Glendale First’s reason #3 of council’s action to make money disappear.

That leaves Glendale First! with only publicly stated reason #1 left – the council cancelled the Coyotes contract.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Merged

It has been 17 years and 182 days since the city’s pledge to build the West Branch Library.

Is the current recall effort by Glendale First! justified? It depends. If you are an avid hockey fan it is. Glendale First! is sponsoring two recently formed political committees, Recall Bart Turner and Recall Lauren Tolmachoff. The Recall Lauren Tolmachoff Committee is being led by Bill and Jennifer Eikost, Cholla district residents. I know them personally. They are friends and remain as friends even though I vehemently disagree with their current action. The Recall Bart Turner Committee is being led by Ben Shroyer and Paul Miller, Barrell district residents. All of these folks are not only hockey fans but some of them are season ticket holders. There is nothing wrong with that. However their current actions need to be viewed in the context of keeping hockey in Glendale’s arena by any manner and at any cost.

Glendale First! has had little success so far seeking individuals from the Cactus and Ocotillo districts to form political committees to recall Vice Mayor Ian Hugh and Councilmember Aldama as well. These districts tend to have lower socio-economic demographics and Glendale service cuts are viewed as being caused by the expense of the hockey lease contract.

This avid hockey fan group is angry with a city council that voted 5-2 to cancel a contract that requires payment of $15M annually as part of a lease management agreement for Glendale’s arena with IceArizona. But mounting a recall because they are mad about the contract cancellation won’t get them very far in Glendale as a majority of Glendale’s residents support the action. Strategically they needed another reason for the recall. What better diversion than to conveniently claim mismanagement of Glendale’s revenues by the mayor and only the 4 councilmembers that voted to cancel the contract.

So what exactly is the basis for Glendale First’s! allegation of council fiscal mismanagement? We have to go back a bit. The state legislature passed SB 1609 which made substantial changes to the Public Safety Public Retirement System (PSPRS) as it went into effect in June of 2011. Subsequently SB 1609 was challenged in Superior Court with a ruling in January of 2015 rolling back specific provisions within SB1609. The result is that Glendale (as well as all other participating cities) can expect additional expense per year to the PSPRC of an estimated $4 million (amount varies by city) and it takes effect in Fiscal Year 2016-17.

There were two options available to the city to deal with the increased expense to the PSPRS. thNM5RBIVGOne option was to pay as little as possible into the fund initially but it would require higher contributions in future years. The other option was to bite the bullet, add an additional $3.5 million as Glendale’s payment in Fiscal Year 2015-16. This would allow Glendale to increase its fund status (put more money in its PSPRC bank) and result in lower annual contributions in future years. Council’s policy decision was to choose the option of putting $3.5 million into the fund now. It was a prudent decision. It resulted in $3.5 million of General Fund dollars going to shore up Glendale’s PSPRC account.

Glendale First!, aided and abetted by the Glendale fire union, then accused the city council of mismanagement by not using that $3.5M of General Fund revenues for public safety. Apparently they don’t care about the city’s bond ratings and the fact that the bond agencies base part of their ratings on the cushion (contingency) a city has in reserve.

The fire union was not happy with the council’s decision for it wanted the $3.5 million dollars allocated to the fire department now. Hence we saw the media stories planted by the fire union claiming that its response times were alarming and a threat to public safety equal to that of a nuclear bomb. Keep in mind fire response times according to newly retired Fire Chief Burdick have remained at the same level over the past 5 years. The unacknowledged part of Glendale fire’s problem is that it is responding to more uncompensated calls outside of the city than ever before due to automatic aid. Therefore the closer Glendale fire units are not available partly resulting in extended response times. ( See earlier Automatic Aid, Parts 1-3 blogs)

The fire union and Glendale First! seem to have joined forces once again. They have a history of having worked together on previous Glendale issues. They worked together to insure the passage and retention of the temporary sales tax (now permanent).

This is from a former edition of the Glendale First! website: “Glendale First! is a grassroots citizen action group that was originally formed in 2012 as a political action committee in opposition to a referendum (R-12-01) that would have resulted in the Phoenix Coyotes leaving Glendale.” It went on to say, “Now that a long term arena management agreement is in place and the future of Westgate and the Coyotes is assured, it’s time to expand our efforts in Glendale. One can clearly see that Glendale First’s! agenda is in keeping the Coyotes in Glendale.

The concerted efforts of Glendale First! were instrumental in defeating three referendums aimed at disallowing arena management use agreements between the City of Glendale and various parties. We were also deeply involved in opposition of the Proposition 457 ballot measure.”

The agenda of keeping hockey in Glendale cost money. It appears that Bea Wyatt and her partner, George Fallar, expended as much as $11,000 of their personal funds, over time, to keep hockey in Glendale.

Despite those who are on the paperwork for each recall committee the two most visible spokespersons for this effort have been Bea Wyatt and Larry Feiner. Both are principals in thethN2BQ31YA Glendale First! organization and in the Desert Hockey Development organization. Both have been quoted in the media and have participated in radio interviews. They are now public figures and as public figures if there are skeletons in either person’s closet they are sure to be discovered as in the case of Larry Feiner.

Mismanagement of Glendale’s money? I’m sure Mr. Feiner has heard the old adage, “people who live in glass houses shouldn’t throw stones.” Because when it comes to mismanagement of money I’m not certain he is a position to throw stones. Mr. Feiner’s financial track record isn’t one that any person or institution should emulate.

I received an email recently advising me to go to this site. To my surprise this is what I found following this link: http://recorder.maricopa.gov/recdocdata/GetRecDataPaging.aspx?biz1=&biz2=&fn1=Lawrence&mn1=&ln1=Feiner&fn2=&mn2=&ln2=&begdt=1/1/1947&enddt=6/30/2015&doc1=&doc2=&doc3=&doc4=&doc5=   Mr. Feiner owed property taxes for the years 2006 – 2010 in the amount of $11,041.54. Those taxes were recorded as paid by the Maricopa County Recorder and the property liens released on March 3, 2011.

It’s a little different with Mr. Feiner’s federal income taxes however. Apparently he owes Uncle Sam $169,072.70 and there is no record of payment filed as of this date available on the Maricopa County Recorder’s website. Perhaps Mr. Feiner was not Glendale First’s! finest choice as a spokesperson to allege mismanagement of money.

On the same former edition of Glendale First’s! website it goes on to say, “Glendale First! and it’s members remain extremely active in the community, including founding the Desert Hockey Development organization pledged to give back to Glendale while growing the sport of hockey.”

“We are planning a series of fundraising events to, hopefully, retire the debt the committee incurred during the successful opposition to all of the anti-Coyotes referendums. We are proud to be a partner of Desert hockey Development in their inaugural Grow The Game Classic golf tournament to be held June 14, in Glendale, at The Legend at Arrowhead.”

One may assume that the debt the committee incurred in opposition to anti-Coyote efforts thW4CCRYSMwas in part, an estimated $11,000 personally spent by Bea Wyatt and George Fallar. It may be fair to ask how much of the money raised from this golf tournament went to reimburse Fallar and Wyatt. If they did receive reimbursement from a golf tournament primarily publicized as a fund raising event for Desert Hockey Development didn’t they, in essence, do the very same thing that Bea Wyatt has accused the 2 councilmembers under threat of recall of doing? Instead of using all of the funds raised for Desert Hockey from the golf tournament was part of that money used to retire previous debts including that of George Fallar and Bea Wyatt? Are we witnesses of the case of the pots (Feiner and Wyatt) calling the kettle (councilmembers) black??

 

© Joyce Clark, 2015

FAIR USE NOTICE

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

If you are a Glendale resident who follows my blog and if you have family members, friends, acquaintances or neighbors who would benefit from knowing what is happening in our community please take a moment to send them a link to my site: https://joyceclarkunfiltered.com . Thank you.

The concept of automatic aid was discussed in Part 1 of this blog. In Part 2, reform issues related to automatic aid were identified. In this part, Part 3, we’ll look at the issue of ambulance service and the demands on public safety of further future annexations by Glendale.

Ambulance service is currently provided in Glendale by Southwest Ambulance (SW), a subsidiary of Rural Metro Corporation, a national company. Sterling Fluharty of the June 2, 2015 edition of the Glendale Star has a good explanation of the relationship between the city and SW Ambulance. Here is the link: http://www.glendalestar.com/news/article_2edd3a9e-098a-11e5-9695-a7b1941abca4.html . It’s a “he said, she said” kind of fight between the city and SW. Each claims the other owes it money. However, one has every right to wonder if the city is dragging its feet in the negotiation of a new contract with SW while it is at the same time securing its own Certificate of Necessity (CON) with the Arizona Health Department. A CON allows an entity to provide ambulance and associated medical services subject to the requirements imposed by the Arizona Health Department. There is another provider available, American Medical Response (AMR), who has just been awarded a Certificate of Necessity (CON) for all of Maricopa County by the Arizona Health Department.

Glendale Fire Chief Mark Burdick in a February 3, 2015 presentation to city council said, “In 2011, AMR proposed replacing the fire department as a primary emergency medical service provider in Dallas, Cincinnati, and Los Angeles, which forced city councils to choose between the fire department and AMR. Their proposal included removing paramedics from fire trucks while utilizing the fire department units to respond and deliver primary service including patient extrication, treatment, and packaging, while the ambulance would only transport and collect all revenue. This proposal places a majority of the cost on the local government, while allowing the ambulance company to collect all profit.” Since he made those remarks Dallas and Los Angeles have contracted with AMR and Cincinnati has not.

City council would be well served to start over and reissue a Request for Service for ambulance service provision.  It is expected that the city would receive bids from Southwest Ambulance, Rural Metro, Phoenix Medical Transport and American Medical Response. After the bids are received staff should present to council the cost implications of all bids to provide ambulance service as well as the investment and on-going costs associated with the city establishing its own ambulance service. The estimated initial start up costs for the city fire department to provide ambulance service would be approximately $1.6 million dollars to cover the purchase of 4 new ambulances at $210,000 each and $760,000 in personnel costs…and that’s just the first year. If staff claims that the cost of city provided ambulance service will pay for itself – council beware. If I had a dollar for every time I heard that claim from staff I would be very rich indeed. Council should then make the decision based upon what provider is both cost effective and efficient for the residents of Glendale. At least ambulance service is not covered by automatic aid so Glendale will not be sending its ambulance service out of town.

Annexation of land to the west of the Loop 101 presents another set of issues for the city regarding public safety. The city’s current annexation policy requires that the entity seeking annexation secure its own water and sewer service from local providers other than the city. The city does not have the necessary water and sewer infrastructure to accommodate new annexations. While that is an excellent solution for the utility issue provision, police and fire provision will be an issue – a costly issue.

There are 3 possible options for police service: 1. Traditional service which would include the capital cost of building a Westside substation; 2. Contract with the Maricopa County Sheriff’s Office which does not require any capital construction costs or 3. Contract with an alternative service provider which also does not require any capital construction costs.

There are 3 options for fire service as well: 1. Create a county island fire district; 2. Traditional service which would include the capital cost of building an additional fire station; or 3. Contract with an alternative service provider such as Rural Metro which does not require any capital construction costs. Perhaps, just perhaps, some of the inequity in fire emergency response (not ambulance service) would be mitigated if other, closer jurisdictions ended up responding to newly annexed areas. City council must consider the cost implications of annexing more land into Glendale until such time as Glendale’s finances can accommodate the additional costs.

The bottom line is these issues impact the public’s health and safety. Council is mandated to look at this issue very carefully while considering the cost to taxpayers. Sometimes we want a Cadillac when a Ford will do.

© Joyce Clark, 2015

FAIR USE NOTICE

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

If you are a Glendale resident who follows my blog and if you have family members, friends, acquaintances or neighbors who would benefit from knowing what is happening in our community please take a moment to send them a link to my site: http://joyceclarkunfiltered.com . Thank you.

The first part of this series on automatic aid explained the concept and how it is set up. This part will look at those components of the system in need of reform: reimbursement and staffing levels.

Section 9.L. of the automatic aid agreement states, “Participants agree that automatic aid is reciprocal. While automatic aid does not ensure that a community will receive the exact same amount of assistance as it gives, it does mean that all participants will provide assistance outside its jurisdictional boundaries and that the level of service delivered within the Automatic Aid System will be comparable.”

Section 11 says, “Except as specifically agreed to by both parties for a particular incident, neither party shall be reimbursed by the other party for any costs incurred pursuant to this agreement. In the event of Declared Disasters, participants may apply for reimbursements from County, State and Federal agencies.”

This agreement acknowledges that some governmental agencies will send more aid than will be received and mandates that the level of service provided will be comparable. There is no acknowledgement of reimbursement in the amount of service provided by one agency to another. It goes on to specifically mandate that there will be no reimbursement from one agency to another.

Here is the problem with those concepts. In information provided by Glendale Fire Department’s Assistant Chief DeChant (now Acting Chief) in 2014 for Fiscal Year 2012-13 Glendale provided automatic aid outside of Glendale for 5,583 calls. It received automatic aid within Glendale from other jurisdictions for 3,361 calls. Glendale answered 2,222 more calls for service outside of its city limits in FY 2012-13 than it received from other jurisdictions. Glendale per the automatic aid agreement was not reimbursed for any of those 2,222 calls representing an imbalance in reciprocity. According to a recent Arizona Republic story that number rose in FY 2014-15 to a disparity of 3,800 calls, unreciprocated, made by Glendale outside of its boundaries.

It is impossible to accurately determine the cost of sending a large engine or ladder truck to an emergency call. Internet researched numbers vary from a low of $400 to a high of $1200 per call. For purposes of this discussion I chose a number in the middle – $800 per call. This number would reflect the salaries and benefits of personnel, the use of a ladder truck or engine answering calls 90% of which are medical, the fuel cost and the maintenance cost of the vehicle.  If you multiply the excess number of calls made outside of its boundaries in FY 2012-13 which is 2,222 by $800 per call the total is $1,777,600 dollars. $1.7M is a fair estimate of the expense to Glendale taxpayers in FY 2012-13 to answer more calls outside of Glendale than are received inside of Glendale due to automatic aid. Does that seem equitable to you?

Apparently in 2013 when the Sun City West Fire District was attempting land annexation within the City of Peoria, Peoria’s Fire Chief Bobby Ruiz raised the very issue of equitable automatic aid service. A Peoria Times story in June, 2013, reported, “Peoria Fire Chief Bobby Ruiz was on the ground floor in the 1980s, when the fire departments of Glendale, Phoenix and Tempe came together to form the automatic aid system with Phoenix being central dispatch. Under that system, whichever fire engine or paramedic truck was closest to an incident, it would automatically respond first.”

“Then, it would eliminate building duplicate fire stations across the street from each other,” Ruiz said. “It’s always been the intent of cities to provide fire, life safety, and medical services within their own jurisdiction. So, being comparable, it would be equitable.”

“In Sun City West Fire District, in the last calendar year, we responded 62 times, they responded 32 times” to parcels in the SCWFD covered district, Ruiz said. “It’s still understood one jurisdiction should not benefit from another district.” Sun City West Fire District Assistant Fire Chief Mary Dalton responded to Ruiz by pointing out, “In 2012 alone, Peoria residents were the beneficiaries of more than 4,500 calls for 9-1-1 service answered by neighboring fire departments. However, Peoria emergency units only assisted their neighboring jurisdictions roughly 2,700 times.”

Here’s something else to think about. Automatic aid may be putting pressure on the response times of all jurisdictions. Let’s imagine that you live down the street from a fire station. It’s very comforting to think that should you need emergency medical service the response would be very fast, maybe 2 or 3 minutes from time of dispatch to your home. Not so fast. What if that station is answering another call…in Peoria or Phoenix? The next closest unit would be dispatched and it is possible that it would take the unit more time to arrive at your home. It’s an issue to think about if you are the one with the medical emergency.

In Section 3 of the automatic aid agreement it states, “It is agreed that the scope of this agreement includes automatic assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extrication situations and other types of emergency incidents that are within the standard scope of services provided by fire departments in the Automatic Aid System.” What type of vehicular equipment does the Glendale fire department utilize to answer medical emergencies? It uses large engine or ladder trucks with 4 personnel on board.

Section 9. I. of the agreement states, “System participants recognize the importance of service delivery and personnel safety issues. The minimum daily staffing level for engines and ladders shall be four members. Henceforth this will be referred to as full staffing. Engine and ladder staffing may be reduced to three trained personnel for short periods of time as established by the Life Safety Council throughout a 24 hour shift. Departments that enter the system with a staffing level of three members on each engine and/or ladder shall have an active plan to accomplish full staffing within one year of entry.”

Section 9. P. says, “System participants agree that full staffing as described in NFPA 1710 on engines and ladders provides the most efficient and effective personnel safety and service delivery to the public. Staffing engines and ladders with less than full staffing has financial implications to neighboring jurisdictions, the system as a whole, and the public. Before June 30, 2016, participants that reduce staffing below full staffing shall be subject to financial considerations intended to make the system whole. After June 30, 2016, participants that reduce staffing below full staffing shall no longer be members of the automatic aid system.”

The issue is not the use of a large truck with 4 personnel when responding to a fire. Even as a non fire call expert one recognizes the need and necessity for large equipment to respond to fires. No, the issue with automatic aid is the tremendous number of emergency medical calls.

An estimated 90% of all calls to which Glendale fire responds are medical emergencies. The following information was provided by Acting Chief Chris DeChant in 2014 (then Assistant Chief) in my request for information after attending the first public session of the department’s Customer Based Strategic Planning exercise: “In FY 2012-13 the total number of medical calls in Glendale was 23,824 and the total fire calls were 2,222.” Why is it necessary to send a large engine or ladder truck with 4 personnel to over 23,000 medical calls?

Just think of the costs involved. If I remember correctly these large vehicles get about 4 or 5 miles to the gallon. Think of the wear and tear sending these vehicles to thousands of medical emergencies annually and the maintenance costs associated along with the salaries and benefits paid for 4 personnel. Typically one or two personnel on these vehicles have either Advanced Life Support (ALS) or Basic Life Support (BLS) certification and the other two personnel do not.

How much money could a municipality save in using smaller vehicles with just 2 ALS or BLS paramedic personnel on board? Mesa is attempting to find out despite the threat of a hammer in Section 9.P of the automatic aid agreement. At the 2013 California Fire Chiefs Association Annual Conference Mesa Fire Chief Harry Beck and Mesa Medical Director Doctor Gary Smith presented The Horizon of Fire-Based EMS. Here is the link to their presentation: Mesa EMS costs .  It is interesting and well worth reading. In it Mesa outlines the current pressures on traditional fire-based medical service call delivery. Mesa is using 4 Transitional Response Vehicles (TRV) staffed with an EMT Captain and an Advanced Life Support (ALS) firefighter. It is a concept whose time has come and makes a great deal of sense in terms of cost savings to the community as well as providing efficient medical service delivery. Mesa’s concept flies in the face of the currently mandated stipulations within the automatic aid agreement that acknowledges the use of fire engines and ladders to respond to all calls, including medical calls. If you reread sections 9.I. and 9.P. cited above it appears to be a preemptive strike to prevent Mesa from moving forward with the concept.

After the council’s vacation this July Glendale staff will make a presentation on public safety needs. It would be wise if this council requested to hear a presentation from the Mesa Fire Department and its use of Transitional Response Vehicles (TRV) in responding to medical emergencies. If it has proven itself in Mesa perhaps it is time for Glendale to adopt Mesa’s model. Perhaps the $3M+ the Glendale Fire Department is seeking would be better spent in the development of an alternative medical emergency response approach. After its initial investment it would create cost savings for Glendale’s taxpayers with more effective service.

Then there is the question of lack of a reimbursement scheme within the current automatic aid agreement. It is not equitable that some jurisdictions, such as Glendale, require their taxpayers to subsidize thousands of emergency medical responses to its neighboring jurisdictions. The imbalance has become far too great and far too costly in a time when dollars are so important to every governmental agency. Council should direct staff to begin this conversation of reimbursement with other participating automatic aid agencies. It is an issue whose time has come.

Automatic aid is an essential component of fire delivery service in the Valley. It should not be scrapped but it can be made better. Participating jurisdictions have got to look at the imbalances and inequities within the system and address a means of restoring equity between agencies. They also must recognize that using large trucks with 4 personnel for a majority of calls that are medical is not cost efficient or effective and develop a new model to respond to those types of calls. A system created 40 years ago can certainly use some reform.

In Part 3, automatic aid gives rise to the questions surrounding ambulance service and annexation issues – related issues for your consideration.

© Joyce Clark, 2015

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If you are a Glendale resident who follows my blog and if you have family members, friends, acquaintances or neighbors who would benefit from knowing what is happening in our community please take a moment to send them a link to my site: http://joyceclarkunfiltered.com . Thank you.

Before I launch into telling you more than you probably want to know about Automatic Aid and its use in the Phoenix Metropolitan area there are some facts to be shared about the Glendale Fire Department’s response times.

Fact #1: In a recent news article Glendale Fire Chief Mark Burdick was asked about the response time of the department and he answered with the response time of the department for the last 5 years. The times you see below are either the average or median of all times. Not every call is answered in 8 minutes. Some are far less and some are far more. One would assume that multiple EMS calls coming into the dispatch center are prioritized by severity of the medical status. Burdick stated the Glendale Fire Department response times for 90 percent of calls by year:

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

Fact #2: Glendale is one of ten cities in the state accredited by the non-profit organization, The Center for Public Safety Excellence. This agency is responsible for accrediting individuals and agencies internationally. It is a much coveted accreditation and the men and women of the Glendale Fire Department are proud to have earned it. The agency recognized that the Glendale Fire Department meets its requirements in terms of response times.

Fact #3: A legal definition is “Automatic aid means contractual agreement between two agencies, communities or fire districts to assist the nearest available resource to the incident by disregarding the jurisdictional boundaries. It is usually established on a mutual use basis. It is dispatched without a formal request. It is usually the first type of mutual aid to arrive at an incident scene.” (http://definitions.uslegal.com/a/automatic-aid/).

Here is an example. An emergency call is received at a residence on the south side of Camelback Road (Glendale’s southern boundary) and 75th Avenue in Phoenix. The Phoenix fire station that typically would respond is out on another call. The next nearest fire station that can respond is in Glendale. The Glendale unit would be dispatched to the call. Or there is an emergency call at a Glendale residence at 59th Avenue and Northern Avenue. The nearest Glendale unit is in service. The nearest unit not in service is in Phoenix and would be dispatched to answer the Glendale call. In essence, when there is a call for service automatic aid allows the closest available fire unit to respond to the call ignoring municipal boundaries. It’s a great system because it insures that a person in distress will receive the quickest care available. So what’s the problem?

Automatic Aid began its use in the 1976 and was originally created between Phoenix, Glendale and Tempe. Today 23 Valley governmental agencies are participants in the Valley’s automatic aid system. They are: * Chandler Fire DepartmentDaisy Mountain Fire DepartmentGlendale Fire DepartmentMesa Fire DepartmentPhoenix Fire DepartmentScottsdale Fire DepartmentTempe Fire DepartmentAvondale Fire-RescueGilbert Fire DepartmentGuadalupe Fire DepartmentPeoria Fire DepartmentTolleson Fire DepartmentEl Mirage Fire DepartmentGoodyear Fire DepartmentQueen Creek Fire DepartmentSun City Fire DistrictApache Junction Fire DistrictBuckeye Fire DepartmentBuckeye Valley Fire DistrictMaricopa Fire DepartmentSun City West Fire DistrictSun Lakes Fire DistrictSurprise Fire Department.

Here is the document signed by the 23 participating agencies: AZ Automatic aid . I am not presenting the entire document within the body of this blog as it is 11 pages. Please go to the link I have provided to read the document. Its basic components include:

  • The closest, most appropriate, unit to an emergency responds regardless of the political jurisdiction of the incident or the responders.
  • All of the fire departments within automatic aid act as one large system. The system is seamless. There are no requirements for formally requesting aid.
  • The incident commander on the scene of the emergency calls for resources in a standard way and they are immediately dispatched.
  • Fire departments use the same dispatching, command, and tactical procedures. The dispatch system is capable of accommodating the needs of individual jurisdictions.
  • Automatic aid is a two-way street. Aid is given and received without a regular accounting of who goes where. Joint long-term planning solves coverage issues at borders.
  • Ambulance response is governed by the Certificate of Need issued by the State of Arizona.
  • No reimbursement for expenses incurred during a response except where agreed to by the parties. Specific disaster reimbursements are permitted.

Requirements of all participating agencies include:

  • Membership by the department’s fire chief or principle assistant in the Central Arizona Life Safety Response System Council.
  • All fire departments utilize the same tactical and command procedures. All battalion chiefs must attend a minimum of 9 monthly training sessions.
  • Radio coverage must be provided that allows portable radios to be heard by the dispatch center, including in-building coverage.
  • Fire companies, engines and ladders, must be staffed with a minimum of four firefighters on-duty.
  • Compatible equipment inventories and company functions. Apparatus numbering according to Valley-wide plan.
  • Mobile computers and automatic vehicle location equipment.
  • Standard dispatch assignments with the ability to tailor response to specific areas.

There is no doubt that automatic aid is a wonderful system and certainly is critical, very critical, to the Valley’s fire service delivery system. Although it may have been updated over the 40 years of its existence I could find nothing to substantiate it. Whether it has been updated previously or not it is time to not only update the agreement but to reform it. In Part 2 of this blog we will look at specific provisions of the agreement in need of reform that would be of benefit to the participating agencies and their taxpayers.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 171 days since the city’s pledge to build the West Branch Library.

I have not only read Glendale’s motion but printed it out. Here is the link if you wish to read the motion: City of Glendale motion June 18 2015 . I have read and reread the motion several times. I suggest that you pay particular attention to the footnotes. In some aspects they are as revelatory as the emails provided in the brief.

Glendale could not have chosen a better attorney to represent its interests in its decision to cancel its contract with IceArizona and subsequent litigation. Here is a link to Cynthia Ricketts’ biography: http://sacksrickettscase.com/our-team/cynthia-a-ricketts/ . She is well respected by her peers and has extensive expertise in the area of litigation that the city requires.

If you noted in state statute A.R.S. § 38-511 it refers to any person “significantly involved in initiating, negotiating, securing, drafting or creating of documents.” Many have focused on the word “negotiating” especially with reference to Julie Frisoni. Please go to Frisoni’s PR website (http://www.frisonipr.com/whoweare/). This is a direct quote from her site, “Crisis communications, including NHL Coyotes negotiations and the near bankruptcy of a city.” It appears that Ms. Frisoni can’t have it both ways. There seems to be a conflict (no pun intended) between her claim on her website citing experience in “NHL Coyotes negotiations” and her recent public denials that she was merely a Communications Director.

Based upon my personal experience as a councilmember from 2000 through 2012 Ms. Frisoni was a close confidant of Ed Beasley, former City Manager, and Craig Tindall, former City Attorney. I did not have a great deal of interaction with Ms. Frisoni for I lacked trust in her. While she may or may not have had a hand in direct, face-to-face negotiations of the currently cancelled contract it appears quite evident that she played an essential role in securing (and insuring) council approval of the contract.

Prior to the contract’s approval by city council, on June 26, 2013, she sent talking points in support of the contract to Councilmember Chavira. In fact, Councilmember Chavira, one of only 2 council votes (the other being Sherwood) that did not support the recent vote to cancel the contract, is using many of those same talking points in his current Glendale Today show on Glendale’s Channel 11. Frisoni also sent an email on June 30, 2013, to the four councilmembers in support of the contract with IceArizona: Councilmembers Sherwood, Chavira, Knaack and Martinez. She seems to have deliberately omitted those that did not support it. In that email she passes on Jeff Teetsel’s (Westgate manager) arguments supporting passage of the contract.

I am quite unhappy with the alleged actions of former city attorney Craig Tindall. When city council originally hired him I was quite pleased. He appeared to be competent and articulate. In 2011 I began to hear rumors that he was supportive of an outside group interested in buying the Coyotes. Back then no one could or would tell me who the group was. Reading the emails between him and Anthony LeBlanc, one of the current Coyotes owners, I was unaware of their obviously close relationship dating back to at least 2010.  Little did anyone know they were meeting at their “usual starbucks.” It is now very difficult to accept the current parsing of words in an effort to minimize Tindall’s involvement in negotiating the IceArizona contract. It appears he was involved up to his lips.

It made me recall an incident at the end of 2012. The city was in the process of negotiation with a Coyotes team purchaser, Greg Jamison. I called Mr. Tindall with some technical questions about the deal. Cryptically, at the end of our telephonic conversation he remarked that if the Jamison deal didn’t make there was another group waiting in the wings. When I asked who, he refused to respond. In hindsight it now makes perfect sense but it raises more questions for me. I remember Interim City Manager Horatio Skeete telling me that Tindall appeared to be stalling and would hold Jamison documents on his desk for days. Skeete would make repeated requests for them which eventually would be fulfilled. Did Tindall deliberately sabotage the Jamison deal in an attempt to make available the opportunity for LeBlanc, et. al.? I honestly don’t know. You will have to decide for yourselves.

Tindall’s seeming self dealing is quite disappointing. As far back as April of 2010 in an email exchange between Daryl Jones of Ice Edge (precursor to IceArizona) Jones says they enjoyed working with Tindall and Tindall responds with “Now that’s an offer.” Was that Tindall’s subtle signal that he was angling for a job with them? Who knows? You decide. Or what about Tindall’s March, 2011, email exchange with LeBlanc urging LeBlanc to take a look at investing in a local medical device company? That action would seem to reinforce the notion that they had a close relationship. Or how about LeBlanc’s asking Tindall in October of 2011 if it was time to have a “confidential chat with Ed” (Beasley) as well as an email exchange between Tindall and LeBlanc about LeBlanc’s May, 2010 meeting with Steve E(llman)? What were these all about? We now know that LeBlanc wanted to buy the Coyotes even before the Jamison offer. We now know through more emails of Tindall’s effort to break a roadblock on July 26, 2013 (after the contract is approved) regarding the city’s paying IceArizona’s lenders directly? He emailed the newly hired City Manager (now former City Manager) Brenda Fischer apparently asserting that it was a simple administrative matter and appears to be urging her to take action.

The email exchange between former Mayor Scruggs and former City Manager Beasley are revealing as well. It appears as if the mayor was determined to get LeBlanc’s Lakehead Yale Sports Holding LLC “Plan B” before the city council in March of 2012. Once again Tindall’s name comes up when she says, “I have checked with Craig Tindall and Mr. LeBlanc’s letter is eligible for discussion under the items as posted.” Tindall seemed to be advocating for any LeBlanc deal.

The emails provided in the city’s motion to modify the Temporary Restraining Order are troubling. They are facts. They are the words of the principals involved. They are damning and not easily explained away.

I end with excepts from an email memo to the entire city council dated June 25, 2013 (a few weeks before council approval) from then Interim City Manager Dick Bowers:

  • “Contrary to what might appear in the papers I don’t see this as a ‘done deal’. Far from it. Discussions continued over the weekend and we have come only slightly closer to comfortable than before. Gary B(irnbaum) has helped to illustrate to the Renaissance group’s (eventually IceArizona) attorney the concerns we have. I suspect this has given them a degree of discomfort.”
  • “Glendale cannot afford a failure. The potential of failure exists as a dark shadow in the absence of the investors standing by their own numbers with confidence enough to simply take them for themselves and do the deal for 6.5.”
  • “While there are many ways to describe the Renaissance’s reluctance I keep coming back to that same discomfort of Glendale having all the risk in this deal. My concerns could mean nothing or they could represent an existential question that must be considered. Will this work for the benefit of the City of Glendale and what makes us firmly believe that it will?”

Mr. Bowers’ crystal ball was certainly working that day yet a few weeks later, 4 councilmembers, Yvonne Knaack, Manny Martinez, Gary Sherwood and Sammy Chavira voted in favor of the IceArizona lease management deal. I can understand Sherwood and Chavira’s approval votes. They appear to have been blindly joined at the hip with each other as well as IceArizona. The pro votes of Knaack and Martinez are not so easily understood. Each cited the well being of Westgate as a motivator for their decisions. It is troubling that they appear to have put the well being of Westgate over the well being of the City of Glendale. Why did they not heed the words of Interim City Manager Bowers?

No matter. What’s done is done. The discovery of Tindall’s and Frisoni’s actions provide the city with an opportunity to rectify one source of its annual bleeding…whether one uses $15M or $8.7M a year as the loss figure for the city. Many point to the annual debt payment for the Camelback Ranch Spring Training Facility (CRSTF). They say why focus on the arena when CRSTF is just as much of a financial drain. It is. I suspect in due time that financial albatross will be addressed. Development that should have occurred surrounding this facility never materialized as a result of the national recession. Without any promise of current economic development it is an issue the city must address in light of the fact that this council continues to fail to rein in city expenditures.

The pity of it all is the devastation caused to the coaches and players of the Coyotes team. They have been through so much since Moyes declared bankruptcy in 2009. None of it was of their making. They have become undeserved collateral damage. I hope and pray that their futures will once again become whole and they can take pride in playing under the Coyotes banner.

© Joyce Clark, 2015

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

It has been 17 years and 167 days since the city’s pledge to build the West Branch Library. On June 17, 2015, Judge Dawn M. Bergin was presented the City of Glendale’s motion for modification of the Temporary Restraining Order in the City vs. Ice Arizona litigation. The city may  no longer be compelled to make its next quarterly payment of $3,750,000 to Ice Arizona on July 1, 2015.

Rather than comment at this time (that will come in a future blog) I have provided a link to the city’s motion and Exhibits A through Q as well as the  proposed judge’s ruling: City of Glendale motion June 18 2015 .

I would urge those of you interested in the latest events surrounding the city and Ice Arizona to read the motion in its entirety especially the emails provided as exhibits. I suspect that the email exhibits used for this motion to modify the Temporary Restraining Order are not the entirety of emails the city has in its possession. I assume that the city used a sampling necessary to substantiate their request for modification.

Question: What’s Ice Arizona’s next move? What will they do to cover the interest payments on their tremendous debt now that they might no longer have the city’s $15 million to use?

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 162 days since the city’s pledge to build the West Branch Library.

Unless you have been comatose by now you know that on June 10, 2015 the Glendale City Council voted 5 -2 to cancel its Lease Management Agreement with IceArizona for the city owned arena. Two days later, June 12, 2015 Ice Arizona successfully secured a Temporary Restraining Order (TRO).

Just think about it. The council vote was 5 -2 with Councilmember Jamie Aldama breaking ranks with Councilmembers Sherwood and Chavira. In his remarks he said that while he is pro business he felt compelled to uphold the integrity of the process.

Just think about it. The five councilmembers who voted to void the contract have divergent backgrounds in terms of educational levels, incomes, ethnicity, time served on city council yet collectively they found the facts available to them (and not to the public to date) compelling enough to move forward with voiding the contract.

Just think about it. This council has been characterized as being idiots, fools and all manner of the devil. They knew there would be an extraordinarily violent reaction yet they held fast and voted their consciences. Only senior management and the council know the facts relating to state statute § 38-511. They knew that IceArizona would sue; they knew there would be legal fees; they knew the fan base would come unglued; they knew the media, in its search for fresh red meat, would berate them. They knew…yet they still voted to cancel the contract. Didn’t any of these groups pause for just a nanosecond to consider that the city’s allegations could be quite legitimate?

Just think about it. The 5 members of city council that voted to cancel the contract must stay the course. They took an oath to uphold the law. They have a fiduciary responsibility to every Glendale taxpayer. If an opportunity for further dialogue with the Coyotes presents itself they should take advantage of that opportunity. If it brings no resolution then they must follow through on cancellation of the contract.

Just think about it. Many question why now? Quite frankly, it is irrelevant. The makeup of the city council changed with this past election. The original 4 councilmembers that approved the contract dwindled to 2 creating an environment that allowed the facts as known to the city to be considered and acted upon.

Just think about it. The greater question is what has happened to civil society?  America is great because one of its bedrock values is freedom of speech. Everyone, on either side of this issue, has the freedom to express an opinion but it should be tempered speech based on the facts. It is acknowledged that the Coyotes fans are stunned and angered by the recent city action. In their anger some have allowed emotion to override common decency.

Just think about it. One action that is stark in its viciousness was that of Ms. Rhonda Pierson on the night of the special voting meeting. Ms. Pierson expressed the beliefs of some Coyotes fans and she had the right to do so but the vindictiveness of her speech was out of bounds. Social media has turned her into a heroine of some sort despite the ugliness of her delivery. I didn’t catch it if she announced it but did she acknowledge that she was (or may still be) an employee of the Coyotes organization?

Just think about it. Then today, June 13, 2015, Mayor Weiers who had announced that he was willing to be tazed to raise money for the 100 Club (mission: support of law enforcement families) was tazed by Ms. Pierson. The event was intended to be a great gesture in support of law enforcement recently vilified nationwide. By choosing Ms. Pierson as the designated person to taze the mayor it turned into a distasteful event that made many people uncomfortable. It wasn’t done in the spirit in which it was originally intended but rather turned into a symbolic expression of vindictiveness for the city’s recent vote to void the contract. Those behind the choosing of Ms. Pierson to perform the act have sunk to a new low and are no better than those within the city they currently choose to hate. It was petty and mean spirited.

Just think about it. Social media is a platform that creates a herd mentality and its anoninimity emboldens some to exceed the bounds of common civility. It encourages an atmosphere that causes mass salivation of others’ perceived misfortunes or misdeeds and often reactions are based on raw emotion in the absence of any fact. The level of vituprativeness and ugliness of some folks’ speech has risen to an unprecented level not just locally but on issues throughout the country.

Just think about it. There are probably about 100 local fans that use social media on a regular basis. They have been whipped into frenzy, in part, by the comments made by Anthony LeBlanc as he recently made the media rounds. Did anyone bother to take note that he had to walk back some of his misstatements? Such as, they were never asked by the city to consider renegotiation or Tindall was the only former Glendale employee ever connected to the Coyotes.

Just think about it. There are about 239,000 residents of Glendale. The arena holds slightly north of 17,000. If everyone of the 17,000 was a Glendale resident that would be one twelfth of Glendale right now. In a survey done by one of the TV stations it was reported that 59% of the Glendale residents surveyed supported the cancelling of the IceArizona contract.

Just think about it. If some wish to boycott Glendale’s businesses in protest, that is their right. If some wish to mount recall petitions against every Glendale councilmember, that is their right but ugly expressions of anger directed to the city are not right if one respects the bounds of common decency.

Just think about it. The media has reported that in the next few days IceArizona and city personnel will meet. Let us hope that a long and costly court battle can be avoided. Let us hope that they can work out their differences regarding the contract. I really would like to see the Coyotes stay in Glendale but not at the current rate of taxpayer subsidization.

Just think about it. If nothing comes of their meeting I wish the Coyotes well, perhaps playing in Phoenix. The only nagging question that comes to mind is who is going to pay the Coyotes $15 million a year to play in their facility? The City of Phoenix? Or Robert Sarver?

© Joyce Clark, 2015

FAIR USE NOTICE

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