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Joyce Clark Unfiltered

For "the rest of the story"

Oct 15

12

How to avoid building a $50M parking garage

Posted by Joyce Clark on October 12, 2015
Posted in Arizona Cardinals • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • University of Phoenix Stadium  | Tagged With: , , , , , , | 13 Comments

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.

Oct 15

10

Just when you think there cannot be any more…

Posted by Joyce Clark on October 10, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , | 1 Comment

It has been 17 years and 282 days since the city’s pledge to build the West Branch Library.

Just when you think there is no more to the Sherwood saga, up pop new revelations and actions. The Glendale Star reported on October 8, 2015 that once again it is alleged Sherwood violated open meeting law by sharing confidential city council executive session information. Here is the link:

http://www.glendalestar.com/news/article_ad8a15fa-6dfe-11e5-bf3a-c3b5b770ad8c.html . Gary Hirsch, a long time Glendale activist, supported Sherwood in his first run for the Sahuaro city council seat because of Sherwood’s opposition to the casino, among other things. They became friends and met often, usually over breakfast. When Sherwood did his dramatic flip-flop on the casino issue, flipping from anti-casino to pro-casino, Sherwood and Hirsch had several conversations about the issue. In the email below (I have the full version of the email. However, I am only publishing the relevant part) Hirsch has, once again, asked Sherwood to explain why he changed his position. Sherwood then sent Hirsch yet another explanation for his abrupt about face on the casino issue. See below:

From: Gary Sherwood                                                                                                          Sent: Monday, November 25, 2013 5:21 PM                                                                           To: ‘GARY HIRSCH’                                                                                                          Subject: RE: TO                                                                                                           Sensitivity: Confidential

Please, please, please, keep this confidential between ourselves – not that I have to tell you that but I need to state it.

Gary –

“Michael Bailey asked the council in an e-session on September 10th for a confirmation that we continue the direction from the previous council – there was a lot of discussion but in the end, a majority of head nodding  (4-3) didn’t want to undo what had been previously been accomplished and this was at the recommendation of Mr. Bailey. This was needed because of recent rulings putting the one issue back to the 9th circuit court. When Michael’s letter came out on the 11th – it was by far stronger than what was discussed the day previous.”

Best, Gary

The first item that has got to grab your attention is the email is marked confidential and Sherwood requests that confidentiality be maintained (which Hirsch had done for 2 years). Why the need for confidentiality if everything Sherwood is saying is legally permissible? Perhaps because Sherwood knew it wasn’t and that he was violating executive session?? Haven’t we seen Sherwood do this before when he sent another email allegedly violating executive session with the admonition to former Councilmember Manny Martinez to delete the email after reading it? As Yogi Berra said, “déjà vu all over again.”

In the body of the email as Sherwood, in an effort to explain away his newly adopted pro-casino stance, reveals Michael Bailey’s (Glendale City Attorney) actions that occurred during that executive session. 

Sherwood knew better but it is just another example of his habit and pattern of ignoring the law. Don’t forget we saw this same behavior regarding his driver’s license suspensions and his Failure to Appear statewide warrant. If Sherwood has played fast and loose with executive session material and has ignored orders of the court, what other “omissions” of the law has he committed?

Aristotle once said, “At his best, man is the noblest of all animals; separated from law and justice he is the worst.” Sherwood seems to proven this adage over and over again for he appears to have been at his worst since his election to office.

Add to this latest revelation of yet another Sherwood allegation of wrong doing the fact that the city council called for an executive session at 11 AM on Friday, October 09, 2015. Here is the link:

https://glendale-az.legistar.com/MeetingDetail.aspx?ID=437640&GUID=5D630A2D-EE64-406C-BE23-10B067AE2DC0&Options=info&Search= . One of the agenda items is:

  1. PERSONNEL MATTERS
  2. In accordance with the City of Glendale City Council Guidelines, adopted February 24, 2015, the City Council will meet to review and discuss an alleged violation of the Guidelines by Councilmember Sherwood. (A.R.S. § 38-431.03 (A)(1)) .

What will come of this extraordinary agenda item? Will the council, as a body, finally be the ones to hold Sherwood accountable for his actions by censuring him? That is the worst punishment they can apply under the Council Guidelines. Do they have the will and backbone to do so? Can Sherwood weigh in on his own censure? I don’t know the answer to this question as it has never occurred before. What if Sherwood is prohibited from participating and the balance of council is split 3-3? In case of a tie it is considered defeated. We will have to wait and to see if it appears as an agenda item on an upcoming city council voting meeting. Don’t hold your breath on this one. I do not expect that enough of the councilmembers will actually have the intestinal fortitude to censure one of their own. From past experience it can be expected that Chavira and Aldama will support Sherwood. Which of the other 4 councilmembers will balk and refuse to censure him? Weiers? Hugh? Tolmachoff? Turner?

It appears everyone has had enough of the Sherwood “drama,” especially the Sahuaro district voters. It’s time to cut Sherwood loose and to send him back to the private sector where he can wreak his own apparent brand of havoc there. The prevalent sentiment of Sahuaro voters is that Sherwood, instead of representing their interests, has blatantly represented his own.

Stay tuned. Just when you think there can’t be any more…there is.

© 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.

Oct 15

9

Are Sherwood and the fire union desperate?

Posted by Joyce Clark on October 9, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , | 3 Comments

PLEASE NOTE: YOU WILL NOTE THAT I HAVE NOT PUBLISHED MANY BLOGS LATELY. I HAVE BEEN CONSUMED WITH A PERSONAL FAMILY ISSUE WITH MANY, MANY DOCUMENTS TO READ AND ABSORB. THE ISSUE SHOULD RESOLVE ITSELF BY THE END OF OCTOBER.

It has been 17 years and 281 days since the city’s pledge to build the West Branch Library.

It would appear so. Like a fall bonfire’s smoke, there is the smell of desperation in the air. His recall election is fast approaching and early ballots for Sahuaro district voters go out on Wednesday, October 7th. His campaign has been placing robo calls (one can assume the fire union is footing the bill) to voters in his district. In them, Sherwood apparently calls on voters not to believe all the lies being told about him and that they have been created by interests outside of Glendale. No one is buying his rhetoric. The “lies” Sherwood refers to are of his own making. He didn’t need help from interests outside of Glendale.

He had a district meeting (a rare event) on October 1, 2015. Isn’t it amazing that it was scheduled just before early ballots are mailed? There is something to be said for the power of an incumbent.  I know that when I ran for council there was a prohibition for councilmembers from using city resources for (if I remember correctly, for at least 60 days…it could have been longer). He has tried to explain away his lousy driving record with its array of suspensions and warrant for his arrest. His rationale? All those court documents he was receiving were just junk mail.

Sherwood’s history as the Sahuaro district councilmember is not a record of pride:

  • From the start of representation he has been arrogant about and dismissive of his constituents’ voices
  • He was frequently heard on the 4th floor of city hall crowing that he was the “real” mayor of Glendale
  • He followed his own agenda rather than that of his constituency
  • His extraordinary meeting with former City Manager Brenda Fischer and his advocacy for her hiring
  • His apparent alliance with Fischer and her inner circle, Frisoni, Tindall and Burdick leading to their favoritism and advocacy for his positions on issues such as the Coyotes deal
  • His rationalization for support for the casino seems to change on any given day but many continue to believe that he traded his vote of support for the casino with Councilmember Chavira’s vote of support for the Coyotes
  • His stance on Foothills Library closure and advocacy for Becker billboards was in direct opposition to the majority of his district residents’ wishes
  • As Vice Chair of the Valley Metro transit board he has, before hearing or considering the wishes of the people of Glendale, staked out a position not only in support of light rail in Glendale but that the route should be through its downtown
  • Lastly and perhaps most troubling, is his flaunting of the law. The most serious of which was his out-of-town car rental while his drivers license was suspended and he paid for the vehicle rental with a city ProCard. If there had been any kind of accident he would have subjected the city to tremendous liability. There is also the outstanding matter of Glendale taxpayers footing the bill for his illegal behavior

Unfortunately Sherwood has not lived up to his campaign billing, past, present and future. Sherwood’s and the fire union’s desperation are palpable. Apparently their polling is showing that Sherwood will lose his recall election by a vote of 3 to 1. So, they’ve put up campaign signs with every imaginable endorsement they can scrape up. For instance, now “education” supports Sherwood. Who in “education?” Do Sherwood and the fire union think voters are so dumb that they do not know that the city has no influence or control over local school districts? The city does not fund education in any way, shape or form. This is the same ploy both Chavira and Aldama used in their campaigns when they said they supported and were supported by “education.” It’s meaningless. Another favorite is Sherwood’s endorsement by “paramedics.” Which ones? Of course the firefighter paramedics are predominately union members and the fire union is underwriting the cost of Sherwood’s campaign.

Many voters in the Sahuaro district recognize that Sherwood has not been on their side. It seems he has supported powerful outside interests in return for future financial campaign reelection support. For that reason alone it appears that his constituency is prepared to reject him and to elect and “outsider.” Doesn’t that sound familiar? We see the same sentiment on a national level with voters prepared to vote for “outsiders” on both the Democratic and Republican sides of the aisle.

Voters in the Sahuaro district do have a choice. Ray Malnar is running against Sherwood in his recall election. In the past day or two, the following message from Ray Malnar was forwarded to me and I am sharing it with you, the Sahuaro district voters:

Dear friends,

Early Ballots began going out in the Sahuaro District yesterday. At the same time, messages are being distributed by my opponent and his supporters which do not address the issues. I want to continue to stay truthful and honorable. In this, the eleventh hour of the election cycle, I am asking that you help share the facts about my experience, ethics and position on key issues with people you know, especially those who live in the Sahuaro District.

Here’s a link to the  Ray Malnar for a Better Glendale website which will clarify who I am, what I stand for and why we are in this Recall Election. Please type in : https://www.raymalnar.com/   Please send this link out to everyone you know who might have a connection in Glendale.

Thank you,

 Ray Malnar, Candidate

Glendale City Council, Sahuaro District

602-869-1160

ray.malnar@cox.net

© 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.

 

Sep 15

21

Equity

Posted by Joyce Clark on September 21, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • West Branch Library  | Tagged With: , , , , , , , | 4 Comments

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

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.

Sep 15

19

Above the law?

Posted by Joyce Clark on September 19, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , | No Comments yet, please leave one

It has been 17 years and 261 days since the city’s pledge to build the West Branch Library.

On September 17, 2015, the Glendale Star essentially offered Gary Sherwood the opportunity to explain away his driving suspensions and the active warrant. Here is the link:  http://www.glendalestar.com/news/article_2cb3cc58-5d-11e5-a1bd-b777ff1c7d23e9.html . His attempts to explain his remedial actions do not make the facts disappear.

No one is above the law…not a politician, not a priest. We are all accountable for our actions and must take responsibility for them. Stubborn facts remain. On 8/12/2013 Mr. Sherwood attended meetings at city hall. His license was suspended and it appears that he drove himself to city hall. The following day, in the St. Paul/Minneapolis area, he rented a car and presumably drove it while his license was still suspended. To compound his actions he used a city ProCard to pay for the rental thereby exposing the city to potential liability.

The fact that he disobeyed driving laws six times in ten years, had his driving license suspended several times, failed to appear in court and failed to take timely action to resolve his citations demonstrates his apparent belief that he is above the law. In 6 weeks, on November 3, 2015, the voters of the Sahuaro district will have an opportunity to decide between Ray Milnar and Gary Sherwood. Mr. Milnar has a finance background that will certainly be an asset to the city council. His community activities show that he is a man of principle and strong character. Sherwood has shown the voters of the Sahuaro district his apparent lack of principle on many occasions: Foothills Library, Becker billboards and the casino – to name but a few.

Sophocles once said, “Nobody has a more sacred obligation to obey the law than those who make the law.”

© 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.

Sep 15

14

Coyotes audit

Posted by Joyce Clark on September 14, 2015
Posted in Arizona Coyotes • City Council Actions • City issue and actions • City of Glendale • Gila River Arena • Glendale elected officials • Glendale finances  | Tagged With: , , , | 4 Comments

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

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.

Sep 15

11

Malfeasance?? revisited

Posted by Joyce Clark on September 11, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , | 2 Comments

It has been 17 years and 253 days since the city’s pledge to build the West Branch Library.

As a former Glendale city councilmember I take no joy in writing about the seemingly endless misdeeds of sitting Glendale Councilmember Gary Sherwood. It reinforces the average citizen’s belief that all elected officials are corrupt or are not responsive to the electorate once they take office. Just as in other professions there are a few bad apples that can sully a profession’s reputation.

There are many people upset to learn about Sherwood’s situation and they are justified in their anger. They want to march down to City Hall and demand action. More about this later in this blog.

It appears in addition to the alleged license suspension for 8 days from 8/12/2014 to 8/20/2014, Sherwood’s license was also allegedly suspended from 6/26/2012 to 9/3/2013.

This is troubling on many levels. I attended at least two meetings during that time period, once at a restaurant in north Glendale and another time out at the Glendale Airport, and Sherwood was at both. He drove himself to those meetings…if the public records are correct… on a  suspended license.

The restaurant incident sticks in my mind to this day because after the meeting participants were out in the parking lot getting ready to leave, one of the comments made by Sherwood was that he had a “cop card.” I’ve never forgotten that and assumed that he was alleging that he had a card he could use if stopped for a traffic violation. Apparently it didn’t work very well. I have tried to verify that such a “cop card” exists and no one, especially in the local law enforcement community, has ever conceded they have heard of such a thing. It doesn’t seem to exist. Sherwood was probably bragging in an effort to enhance his reputation as “somebody” as his ego may be his biggest personal failing.

The point is that during that 15 month period it seems that Sherwood was driving on a suspended license. In addition, in the Sahuaro district’s portion of Follow Your Money, Sherwood submitted for mileage reimbursement on 3/1/13 for $64.41. This occurred during the 15 month alleged suspension. An elected official submits for mileage reimbursement when using one’s personal vehicle for city business. The very fact that he submitted for reimbursement seems to verify that Sherwood acknowledged he drove during the 15 month period in question.

During his campaign it seems he attended many campaign events and drove himself to them. There are probably many people who can confirm that. Sherwood was elected to office in November of 2012 and was seated as councilmember in January of 2013. He jumped right into office. He was at city hall nearly every day and probably drove himself there…on a suspended license.  He participated in many city events as well as regional events and probably drove himself there…on a suspended license.

There is nothing to be done about his alleged driving while suspended during that time period. One cannot go back retroactively and affect an arrest. It’s done…it’s finished…but this situation is concerning because the situation demonstrates Sherwood’s apparent habit and pattern for disregard for the law. If the alleged driving on a suspended license shows Sherwood’s propensity to disrespect the law, what other laws may he have disregarded?

I have it on good authority that Sherwood’s active warrant for Failure to Appear has been satisfied…very, very recently.  Apparently in the last day or two he paid the $1,500 bond.  It’s disconcerting that it took public revelation of the situation in my blog of September 8, 2015, to make him do what he should have done months ago.

The information about this issue remains interesting. Failure to Appear in Arizona Revised Statutes says under A.R.S. §13-2506, “A. A person commits failure to appear in the second degree if, having been required by law to appear in connection with any misdemeanor or petty offense, such person knowingly fails to appear as required, regardless of the disposition of the charge requiring the appearance.  1. Failure to appear in the second degree is a class 1 misdemeanor.”

I discovered that in Arizona misdemeanors are divided into 3 categories: Class 1, Class 2 and Class 3. Class 1 misdemeanors are the most serious. The maximum penalties are:

  • Class 1 misdemeanor: up to $2,500.00 fine and six months in jail;
  • Class 2 misdemeanor: up to $750.00 fine and four months in jail;
  • Class 3 misdemeanor: up to $500.00 fine and 30 days in jail.

Many citizens contacted me asking what could be done (this was before it was learned that the bond had been paid recently). The disturbing answer is absolutely nothing. Many wanted to put pressure on the city council to take some sort of action. According to the City Council Guidelines the most severe penalty available for a councilmember is, “(council will) determine what sanction is most appropriate; customarily, sanctions are limited to a letter of reprimand or censure.” Here is the link to City Council Guidelines: http://www.glendaleaz.com/CityCouncil/documents/C-Guidelinesamended2-24-2015CLEAN.pdf . There are no teeth within the City Council Guidelines and a legal issue could not be addressed by the city council.

I would suggest that it is time for city council to look at this issue. One cannot forget that at one time, 4 councilmembers were under indictment for backdating documents. The charges were eventually dismissed due to a technicality. As a result of council’s inability to address that issue, they remained seated during the legal process and even voted in the affirmative to make sure their legal fees were paid by the city. Perhaps the solution is to place the councilmember(s) on leave until the legal process resolves itself.

However, there is also the matter of the City Attorney. The City Attorney should be concerned about Sherwood’s use of a city ProCard to rent and park a vehicle during his St.Paul/Minneapolis trip on 8/13/2014 during another alleged license suspension. What if there had been an accident? The city surely would have been liable because of the use of its ProCard. It’s the stuff of which City Attorney nightmares are made. At the very least the City Attorney should require immediate reimbursement of the vehicle rental and parking fees. More importantly, perhaps this event warrants removing Sherwood’s ProCard use. Then there is the issue of Sherwood’s reimbursement for mileage during suspension. I would think that might be a legal can of worms as well. Again, at the very least it should require reimbursement to the city.

As for the Glendale Police Department’s arrest of Sherwood it becomes a moot point as he satisfied the bond associated with the warrant for his arrest since the publication of my recent blog.

Even if Sherwood has secured an attorney to deal with these allegations and they are adjucated, that does not mitigate his seeming disregard for the law. It speaks to his character…or lack thereof.

The voters of the Sahuaro district are the only ones who have the power in this situation as there is a Recall Election looming on November 3, 2015. Character is just one of the elements to consider in casting one’s vote. They have the power to decide if Sherwood’s character merits his removal as their councilmember. They do have a choice. Mr. Ray Malnar is running against Sherwood and I suspect his character is not in question.

© 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.

Sep 15

4

Sherwood recall election soon

Posted by Joyce Clark on September 4, 2015
Posted in Arizona Coyotes • Casino • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , | No Comments yet, please leave one

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.

Aug 15

22

Glendale’s perfect city manager

Posted by Joyce Clark on August 22, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , | 7 Comments

It has been 17 years and 233 days since the city’s pledge to build the West Branch Library.

Slavin Management Consultants, the firm hired for the city manager search, should be presenting its list of finalists to the city council at any time. What should the Glendale city council consider in choosing finalists?

During my 16 years on city council I worked with various interim and permanent city managers, Dr. Martin Vanacour, Ed Beasley, Horatio Skeete and Dick Bowers. I never worked with Brenda Fischer which was probably a good thing. I think we would have butted heads from day one and I quickly would have been at the top of her *hit list.

What qualities did these city managers possess that served them, the city council and the people of Glendale well? One major quality was that of responsiveness to anyone and everyone. Under Dr. Vanacour it didn’t matter if a citizen was a ditch digger or stock broker. If a citizen called his office, without fear or favor, every issue received a quick and efficient response. Sometimes an issue was resolved to the citizen’s satisfaction…sometimes not but every issue got an answer…not in weeks but in days. The same occurred with councilmember questions and requests.

Another quality that stood Dr. Vanacour, and now Dick Bowers, in good stead there was, and is, no favoritism shown toward any councilmember. All were, and are, treated equally and with respect. Information provided to one councilmember was also provided to the rest of the council. Neither had or has a reporting system where employees are required to report every interaction with a councilmember to the city manager’s office.

Council requires a city manager that shares information willingly and openly and in a timely manner with city council and citizens. Many of council’s previous decisions during the tenure of Ed Beasley were made in either a vacuum or with ginned up information designed to get council to approve a specific outcome. Dr. Vanacour practiced sharing complete information and Dick Bowers is doing the same. If Dick Bowers were willing, Glendale could not do better than to hire Dick Bowers on a permanent basis. However, Mr. Bowers is retired. He graciously agreed to serve short term in Glendale’s hour of need. He wants to be retired once again and to spend time with his family and friends. He’s earned it.

The next city manager must show that he or she truly respects and values all employees within the Glendale governmental family. For too long Glendale’s employees have experienced a work atmosphere based upon fear and favoritism. The city manager must show no bias toward any specific department and make financial resource decisions and recommendations to council based upon the most effective use of taxpayer dollars.

The city manager’s fiscal philosophy should be a conservative one. He or she should believe, as a core principle, that a government’s fiscal decisions are not based on tax increases or growing the size of government. Glendale has learned the hard way that it’s not the size of government that determines the quality of service to its citizens. It learned that the same superior service delivery can be accomplished despite the reduction in the number of employees delivering the service. It’s an individual’s commitment to excellence that counts…not the number of employees on the payroll.

Council should look for a city manager with extended experience, intelligence and adaptability. The last thing the city needs is someone who has been a department head or assistant somewhere. The city needs a city manager with city manager experience and knowledge. The candidate has to have the requisite knowledge and flexibility to hit the ground running.

Lastly, the new city manager must learn to love Glendale. Dr. Vanacour did and still does to this day. Mr. Bowers, retired city manager of Scottsdale, has always exhibited a love for and genuine concern for Glendale. That is obvious in his commitment to serve as its Interim City Manager. Glendale owes Dick Bowers a great deal.

I would strongly suggest that the citizens of Glendale are offered the public opportunity to “meet and greet” all of them before the final selection. This is so important for Glendale and gaining public support at the outset will help smooth the transition to a new city manager. A “meet and greet” not just for stakeholders such as Chamber of Commerce folk or college presidents but for ordinary citizens who take an active interest in and participate in their local government.

In summary, it is my hope that city council will weigh and measure these qualities of the city manager candidates very carefully:

  • Responsiveness to all
  • Respect for all
  • Practices open government
  • Respects and values all employees
  • Conservative fiscal philosophy
  • Previous city manager experience
  • Intelligence and adaptability
  • Willingness to embrace the entire community

© 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.

Aug 15

20

Glendale First! backs down

Posted by Joyce Clark on August 20, 2015
Posted in Arizona Coyotes • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , | 2 Comments

It has been 17 years and 230 days since the city’s pledge to build the West Branch Library.

NOTE: Many have taken the opportunity to email me and berate me because my blogs have not been as frequent as usual. Personal matters have had me traveling out of state on a regular basis and have not allowed me the opportunity to write about Glendale issues on my usual schedule. Hopefully the end of August will provide some relief and I will be able to resume my normal schedule of blogs.

On August 14, 2015, Glendale First! issued a press release saying in part, “Today Glendale First has officially abandoned and withdrawn our sponsorship of recall efforts against Glendale, AZ Councilmembers Hugh, Turner and Tomalchoff.

We are satisfied the city has endorsed a new short term relationship with the Arizona Coyotes that is currently in the best interest of all involved. We’re hoping sincere efforts result in a long term agreement being reached between the City and the Arizona Coyotes in the near future.

These recall efforts shined a bright light on actions by councilmembers that negatively impacted public safety budgets and that put at risk the City of Glendale’s relationship with the Arizona Coyotes. We applaud the unanimous action taken by City Council on July 24th. We thank both the Coyotes and the City for striking a suitable arrangement.

We hope the pledge of the City Council to examine the needs and deficiencies in the two public safely departments bears fruit in the form of reduced response times.”

I contend, as I did originally, that Glendale First! used a public safety issue as a smoke screen for their primary anger over the action taken by a majority of Glendale’s city council canceling the original lease agreement with the Coyotes’ ownership. If they were really concerned about public safety issues they would have continued their recall effort. In this press release their angst over public safety is almost an after thought, easily dismissed now that the Coyotes are staying for the next two years.

We can assume that the Coyotes’ ownership counseled Glendale First! to cut it out and to quit its puny attempt to unseat the existing councilmembers as ownership seeks to mend fences with the Glendale city council as it enters a period of renegotiation of a new, more permanent lease agreement.

The Glendale citizens who have contacted me via email, to a person, want the city to issue an RFP for the arena’s management. They believe the city may get a better deal. While they want the Coyotes as arena tenants in the light of past history, they are not convinced it is in the best interests of the city to use the Coyotes’ ownership group for the arena’s management. They want city council as President Reagan once said, “trust but verify.”

The best way to verify what is a fair market price for Glendale’s arena management is to solicit bids. If the Coyotes’ ownership wants to continue to manage the arena they can respond to the RFP just as any other company. Competition is good for a city’s soul and competition for securing an arena management company is a win proposition for the city and its taxpaying citizens.

© 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.

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