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Joyce Clark Unfiltered

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Apr 15

18

Where’s Waldo?

Posted by Joyce Clark on April 18, 2015
Posted in Arizona Coyotes • City issue and actions • City of Glendale • Gila River Arena • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , | 10 Comments

It has been 17 years and 107 days since the city’s pledge to build the West Branch Library.

USA Today photo

Andrew Barroway, Anthony LeBlanc Courtesy USA Today

On December 31, 2014 we were greeted with an announcement released by Coyotes Co-Owner, President and CEO Anthony LeBlanc, “Today is an exciting day for the Arizona Coyotes and our great fans. The addition of Andrew Barroway to our ownership group further solidifies the Coyotes long-term future in the Valley. Our entire ownership group is excited about this opportunity to work with Andrew in taking this franchise to the next level. It’s a great day for hockey in Arizona!” Here is the link: http://heatwaved.com/2014/12/31/andrew-barroway-approved-buy-arizona-coyotes/ .

We were told that Andrew Barroway’s purchase made him majority owner of the team holding 51%. The deal was praised as a means of creating financial stability for the team and some of the money would be used to raise payroll. Barroway said, “he and the nine minority owners were committed to infusing $30 million back into the team, with up to $9 million going directly to upgrading the on-ice product through trades and free agency.” As majority owner, Barroway would be the team governor, current governor George Gosbee would be alternate governor, and Anthony LeBlanc would remain as chief executive officer.

Two days later, on January 2, 2015 Craig Morgan of Fox Sports News interviewed Barroway. Here is the link: http://www.foxsports.com/arizona/story/q-a-with-coyotes-majority-owner-andrew-barroway-010215 . Morgan asked Barroway how active he would be as the new owner. Barroway indicated that he planned to be an active owner and would take part in all major decisions regarding the team. Morgan also asked if there would be any major changes and Barroway responded that he didn’t expect any.

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Where’s Waldo?

That was 4 months ago. So where’s Waldo? Er, Andrew Barroway? Sources inside Glendale City Hall indicate that Barroway, as the  majority owner of the team, has not signed the lease management contract. At the very least, that should have occurred after the Board of Governors approved the sale to Barroway on December 31, 2014. Does Barroway’s absence from the team scene and Gila River Arena plus a lease management contract without Barroway’s signature signal trouble with the deal? At the last game of the season the Coyotes distributed their annual book replete with statistics, photos and bios of everyone (except God) including the owners minus any mention or photo of Andrew Barroway. It makes you scratch your head and ask what’s going on.

thDYDNS84PThere’s another Where’s Waldo moment…the failure of the Coyotes to submit a certified financial team audit to the City of Glendale as stipulated in the lease management agreement. It was due September 30, 2014…7 months ago. In anticipation of receiving the audit the city hired Tony Tavares in December of 2014 to perform the city’s audit.

Peter Corbett of the Arizona Republic in an April 17, 2015 article offered some very interesting comments from principals involved. Here is the link: http://www.azcentral.com/story/news/local/glendale/2015/04/17/glendale-arizona-coyotes-first-season-audit-drags/25922095/ . He reported that:

  • “Coyotes officials said the reports were late because it was the organization’s first year of operations under the new deal and more complications surfaced when a new majority owner acquired the team at the end of last year.”
  • “The financial-reporting delay has created tensions with Glendale officials who are frustrated that the team has not closed the books on its first season even as the second season wrapped up April 11 on the ice at Gila River Arena.”
  • “Ian Hugh, Glendale vice mayor, said the Coyotes must be held accountable for the money the team is taking from taxpayers. ‘I expect both sides to live up to our agreement,’ he said. ‘Our auditor is still trying to get information from the Coyotes’.”
  • “Jeff Shumway, Coyotes CEO from 2006-09, said that during his tenure the team typically completed its audits by November. The audit reports were public documents that were available to anyone who made a records request to Glendale, he said.”
  • “The current Coyotes arena-management agreement includes language that requires the city to protect the team’s proprietary information.”

What’s so “proprietary” about an audited financial statement of profit and loss submitted to the City of Glendale that shouldn’t be a public record? After all, Glendale’s taxpayers are paying $15 million dollars a year. You would think we would be entitled.

The team’s financial audit wasn’t “proprietary” when Steve Ellman and/or Jerry Moyes owned the team. Did LeBlanc fudge in his public statements about the team’s losses? Who knows? Apparently we, the public, the taxpayers of Glendale and the fans supporting the team with ticket sales, will never know the truth. Former President Ronald Reagan said, “Trust but verify.” LeBlanc and company want all of us to trust but at the same time they don’t seem to want us to verify.

Questions remain unanswered…Where is Waldo? Where is Andrew Barroway and where is the certified team financial audit? There are answers but we are not getting them.

Post Script: Today is the NHL Draft Lottery. Coyotes placed third in lottery line up. Anthony LeBlanc tweeting a good face on the situation…but Where’s Waldo?

© 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.

Apr 15

11

Broken windows

Posted by Joyce Clark on April 11, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues  | Tagged With: , , , , , | 6 Comments

It has been 17 years and 100 days since the city’s pledge to build the West Branch Library.

shopping cart 2Broken windows remain a problem in so many Glendale neighborhoods, especially in south Glendale. There are many “Broken Window Neighborhoods” (BWN) in Glendale but they are especially prevalent in the Ocotillo, Cactus and Yucca council districts.

The Broken Window Theory (BTW) is a result of a 1982 article by criminologists James Q. Wilson and George Kelling. The Broken Window Theory states that signs of disorder, like graffiti, dirty streets, overgrown weeds, abandoned shopping carts, illegal dumping in vacant lots, etc., leads to social disorder…not just petty crimes but eventually more serious crimes such as robbery, burglary and murder. The authors of BTW offered that one unrepaired broken window is a signal that no one cares and ignoring little problems creates a sense of irreversible decline that leads people to abandon the community (neighborhood) or to stay away.

A case in point is a Broken Window Neighborhood in the Ocotillo district in the area of 70th Avenue and Sierra Vista Avenue. The people who care in that neighborhood are frustrated and angry beyond belief. Over 6 months ago they contacted their council representative, Jamie Aldama. His response was to send them thank you notes for their concern and a promise that he would take action.graffitti Since then the neighbors contend that he has been AWOL. Their contention to Aldama, in part, remains to this day, “Not only are things still not resolved, (some of them you claimed to already be working on prior to meeting with us), and some situations have become worse.  I have spoken with many City employees regarding the outreach you claimed to have been involved in to solve several of these issues.  No one has reported any interactions from you and/or representatives of your office.”

They feel it is almost a full time job for them to fight the City to take care of these issues. They recognize that city silence and its consequent inaction is acquiescence and they believe that is the root of the problems they have in their neighborhood.

This is an age old problem but perhaps it is time for this city council to take a fresh look at a cancer that can consume a neighborhood almost overnight.  Here are some initiatives that have been suggested over the years by neighborhood leaders fighting this persistent issue:

  • The action to save a neighborhood must involve all city departments, from the city attorney’s office to zoning. All departments must play a part in a concerted and targeted effort to revitalize a neighborhood.
  • For purposes of code compliance and action, legal or otherwise, a special zoning designation of “Broken Window Neighborhood” (BWN) must be created.
  • Within the BWN specific, targeted code enforcement and legal action will be allowed.
  • Any businesses within a BWN should be audited to make sure that they have a business license and are paying the required sales tax.
  • Multi-family within a BWN would be required to have its management take the city’s Crime Free program that targets apartment complexes.
  • Code compliance often falls back on rhetoric that they do not have the legal authority to enforce certain actions. It’s time they were tasked with creating innovative actions that would not only allow them to do so but would actively require such action.
  • City attorneys often do not take code infractions to court claiming that the case is not strong enough and therefore not winnable. It’s time that these attorneys worried less about their win-loss records in court and realized that making a bad actor go to court to defend irresponsible actions are in and of itself a deterrent to future bad actions.
  • Some specific codes will need review and reform. One that comes to mind is window coverage of a business. Have you ever seen a convenience store where nearly every inch of front window space is covered with ads? Not only is it a safety issue but it is one that contributes to visual blight. What about a business that puts 20 or 30 items out in front of its store? An example is a tire repair store with racks of tires in front of the business. More visual blight.
  • Codes relating to residences also need review but more importantly code compliance needs to be aggressively enforcing existent codes. If they achieve compliance without going to court, that is wonderful. But if the resident does not comply, the situation should not be allowed to fester for months and months.
  • While code compliance is working within the BWN, it requires the public works department to repair broken sidewalks, make sure all existent street lights are functioning properly, adding further lighting where necessary and applying resurfacing of streets where applicable. The fire department should be checking all fire hydrants in the BWN neighborhood and offering fire hazard education and smoke detectors. Even the police department has a role to play by intense patrolling of the BWN and enforcing even the most minor violation. Streets and transportation can check to see if there are streets that are more prone to speeding and following up with actions to decrease the activity. The water department can outreach neighbors whose yards are less than spectacular and work with them to install an irrigation system or to desert landscape. Sanitation can educate about the appropriate time to place trash receptacles on the street and can enforce existent law when some put out loose trash the day after it has been collected for the month. How about putting out a dumpster to encourage neighbors to clean up their properties and remove visual blight? What about using the Community Action Program to assist low income or seniors to get a house painted or a yard desert landscaped? When you start to think about it, there is so much that could be done that is not being done.
  • Other departments, such as media and communications need to join in the effort by preparing and distributing media that alert and educate a neighborhood to the action about to begin. The councilmember should hold a district meeting in the designated neighborhood to offer contact information and to educate. Even parks and recreation has a part to play by creating neighborhood activities for children that brings families together, introduces neighbor to neighbor and also becomes another catalyst for action and education. The point is, every city department has a role to play, working together to attack one BWN at a time.
  • All of the above should be applicable only within a specific, newly created zoning designation of Broken Window Neighborhood.

shopping cartThe first BWN should be small as a pilot project to see what works and what doesn’t work. Make no mistake, so many of these neighborhoods have been ignored for years. Attacking a long festering problem is like guerilla warfare. It’s tough, brutal and takes no prisoners but many of these neighborhoods need the city’s attention with new and innovative strategies. They need city departments that say “I can” rather than “I can’t because…”.

Wouldn’t it be wonderful if Glendale created a model program that is emulated by other cities? Wouldn’t it be wonderful if Glendale generated positive publicity about itself rather than having the world focus exclusively on its financial stresses? You bet it would.

© 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.

Apr 15

7

Poof! It’s gone.

Posted by Joyce Clark on April 7, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , | 21 Comments

It has been 17 years and 96 days since the city’s pledge to build the West Branch Library.

On March 25, 2015 the Glendale Star ran a story on the elimination of the city’s General Fund debt payable to the city’s Enterprise Funds (water, sewer, sanitation and landfill). Here is the link:  http://www.glendalestar.com/news/article_4fd7f4dc-d181-11e4-b56b-93c81bbb5cc5.html .

In an effort to buy additional time to secure a buyer for the NHL Coyotes who would pledge to keep the team at Glendale’s Gila River Arena, a previous city council approved borrowing $15 million from the city’s water and sewer funds, $40 million from its landfill fund and $5 million from its sanitation fund. The revenue was used to pay the NHL to manage the arena for two years while the process of finding a team buyer continued. At the time council also approved a repayment plan, using General Fund revenue to pay the Enterprise Funds back with interest. It was a solemn pledge and a commitment that the previous council never anticipated future councils would renege upon. The unthinkable is about to occur. At a recent workshop following the recommendation of Tom Duensing, Glendale’s Finance Director, a majority of council plans to do exactly that.

When Councilmember Tolmachoff asked what would be the consequences of such an action, Duensing replied, “You could do it a number of ways: you could do rate increases, you could defer maintenance, you could cut your operating costs.”

There were questions unasked that still demand answers:

  • While this action might make the general fund balance sheet look better, what impact does it have on the balance sheets of water and sewer, the landfill, and sanitation?
  • By recording the former “loan” to a fund transfer, doesn’t it reduce the assets on the balance sheets of those funds?
  • How does the reduction in financial assets impact the bond ratings of the water and sewer fund and the landfill fund?  While the proposed action may assist in the General Fund bond rating, doesn’t the converse action harm the Enterprise Funds ratings?
  • Doesn’t this action reduce the funds available to water and sewer for maintaining and upgrading the water and sewer systems? Duensing in his answer to Tolmachoff implies that it does.
  • If the Council approves this action, doesn’t that mean that a water and sewer rate increase will be necessary and supported by the Council? If a rate increase occurs, it looks like we can lay the evaporation of a pledge to repay the Enterprise Funds at the feet of retaining the hockey team as an anchor tenant at the city owned arena.

Duensing’s proposal is moving the pea underneath a different shell. It’s a magical, accounting trick designed to satisfy the rating agencies. The problem is that it sets precedent. Who, whether it’s a developer, a citizen or a company doing business with the city, will trust in the city’s word if it is willing to renege on paying a debt? If a water, sewer or landfill rate increase is proposed and adopted by this city council citizens will have every right to be angry for it will be driven by a broken promise to reimburse the Enterprise Funds. Glendale rate payers of the water, sewer, landfill and sanitation services will have every right to assume that any proposed rate increase is driven by money borrowed from these funds and paid to the NHL to run the arena for two years.

Duensing appears obsessed on building up the city’s reserve funds (contingency). While building the city’s reserve back up is necessary and critical his solutions are to keep the sales tax increase permanent and now, to raise Glendale’s property tax rate by 2%. He appears to have only two tricks in his bag.

Sterling Fluharty of the Glendale Star in writing an article entitled City decides not to cut taxes, in its online edition of April 6, 2015, reports, “Glendale City Council had few objections two weeks ago when the acting city manager and financial director announced they were abandoning plans to lower the sales tax rate and making preparations for raising property taxes.” Here is the link: http://www.glendalestar.com/news/article_b6c5e5e6-dc99-11e4-8961-4fb07a583a64.html#.VSNVhK1dGb8.twitter .

Last December Duensing was still pitching lowering the sales tax rate. Fluharty in his article states,  “Duensing published a five-year financial forecast that month (December, 2014) that assumed the council would approve annual reductions, making the sales tax rate 2.85 percent in 2015-16, 2.825 percent in 2016-17, 2.8 percent in 2017-18 and 2.775 percent in 2019-20.” What information does senior management and the council have (not shared publicly) to cause them to not only reject a reduction in the sales tax rate but now to increase the property tax rate?

Since the new council was seated in January, 2012, adopting Duensing’s recommendations it has:

  • Made the increase of 2.9% as a temporary sales tax increase permanent
  • Approved a management agreement paying IceArizona $15 million a year
  • Will approve construction of a parking garage at Westgate for $46 million + over 3 years
  • Will approve a 2% increase in property taxes

Where is the council commitment to cut expenses and to live within the city’s means? It seems their only solutions to solving the city’s ongoing financial problems is to keep the increased sales tax rate and now to raise the property tax rate.

Over the next 3 years the General Fund will have to absorb an additional $46 million plus as brand new debt. That figure does not include the ongoing debt for the baseball park, the Westgate Media Center and is parking garage, the Westgate Convention Center, the annual $15 million payment to IceArizona and the construction debt on the arena and the Public Safety Training Facility…as well as other debt I have failed to include.

During council’s discussion of a property tax increse while the sales tax increase does not diminish Mayor Weiers said, “At least we’re giving our citizens something, certainly in the right direction, anyway.” What exactly are the Mayor and council giving to its citizens? A screwing? It appears the right direction for Mayor Weiers and this city council is to raise yet another tax.

©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.

Apr 15

6

“Here to stay”…but in Glendale?

Posted by Joyce Clark on April 6, 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: , , , , , , , | 2 Comments

It has been 17 years and 95 days since the city’s pledge to build the West Branch Library.

For 4 years, from the time Jerry Moyes declared the team bankrupt in 2009 until the end of 2012, as a councilmember I was part of the high drama surrounding the Arizona Coyotes and the arena, a city owned facility. Suitors to buy the team came and went with regularity. The city paid the NHL $25 million a year to manage the arena while everyone desperately hunted for a new owner. In 2013 a new city council was seated and promptly approved the current management agreement of $15 million dollars paid annually to IceArizona, the new owners of the team. If truth be told that $15 million goes directly to Fortress Lending and the NHL as interest payments on the IceArizona’s purchase debt owed by LeBlanc, Gosbee, and et.al. If you remember the cash raised for the team purchase was approximately $45 million. The rest of the purchase price of $170 million was strictly debt. Today Andrew Barroway is the majority owner (51%) of the team.

A recent article on March 30, 2015, by Mike Sunnucks of the Phoenix Business Journal entitled Could the Phoenix Suns, city build a new arena at Phoenix Convention Center site? It is intriguing to say the least. Sunnucks reports on speculation about where the Phoenix Suns will be playing its games in the future, “ ‘US Airways Center is owned by the city of Phoenix and the Suns lease doesn’t expire until 2029’, according to city spokeswoman Deb Ostreicher. The Suns could look to the city for renovations of the downtown arena or could look for a new home.” Sunnucks goes on to say, “One scenario being talked about — at least in real estate and downtown Phoenix circles — is a new arena being built where the current South Building of the Phoenix Convention Center is on Jefferson and Third streets. That is the oldest convention center building and is a block away from the Suns’ current arena.”

Granted all of this is extremely speculative but there is the possibility of the Phoenix owned US Airways Center becoming vacant if Phoenix and the Suns decide to build a new arena at the site of the south building of the convention center. Take it a step further and it is not outside the realm of possibility that Phoenix would attempt to lure the Arizona Coyotes to a newly renovated and vacant US Airways Center with better sight lines for hockey patrons.

Think about it. Since purchasing the team two years ago IceArizona has consistently lost money due to many factors. One of those factors has always been fan complaints about trekking out to Glendale for the games. Many in the East Valley as well as from other locations such as Tucson simply choose not to make the trip. A more centrally located arena in downtown Phoenix has a certain appeal for many.

One wonders if it appeals to Barroway. Today, 2015, the Glendale arena is 12 years old, having opened in December of 2003. In another 3 years, by 2018, the arena will be 15 years old and the Coyotes will have the available option of moving due to the opt out clause any time thereafter. One of Barroway’s imperatives is to keep the team viable over the next 3 years until some major decisions are made.

In 8 years, by 2023, the arena will be 20 years old and in need of major renovation and upgrades. In the meantime, if Barroway and the City of Phoenix worked out a deal regarding US Airways it could solve one persistent fan complaint by relocating to a more convenient and centralized location. It would certainly fulfill the owners’ mantra of “here to stay”…just not in 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 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.

Mar 15

30

Does council’s word matter?

Posted by Joyce Clark on March 30, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues  | Tagged With: , , , , | 8 Comments

It has been 17 years and 88 days since the city’s pledge to build the West Branch Library.

Please note: Before discussing the city council workshop meeting of Tuesday, March 24, 2015 I wanted to alert you to a very important series of meetings.  The first was on Wednesday, March 25, 2015 at Glendale’s Civic Center. By law every ten years every city must revisit and update their General Plan. This effort is called Envision 2040. The city website says, “Every city and county in Arizona is required by state law to prepare and maintain a planning document called a general plan. A general plan is designed to serve as the jurisdiction’s ‘constitution’ or ‘blueprint’ for future decisions concerning land use and resource conservation. All specific plans, subdivisions, public works projects, and zoning decisions must be consistent with the City’s General Plan.” I encourage you to take the time to attend one of 6 district meetings that will be held on this topic and to offer your opinion on what Glendale should become in the future.

Now on to the workshop. Here is the link to the slides used during various staff presentations: Budget Workshop Powerpoint .

It was a full agenda: Budget strategy, property taxation, human resources (employee salaries and benefits); review of FY16-25 Capital Improvement Plan (CIP), review of General Fund Sub-Funds Restructure.

Since the last blog dealt with the Capital Improvement Plan, a follow up is in order. During the staff presentation Mr. Freidline, Public Works Director, stated the number of parking spaces planned is 4,000 at a cost of $14,000 to $16,000 per parking space. At $14,000 per space the bill is $56 million dollars. At the high end of $16,000 per space the bill is $64 million dollars. Who is smoking what when staff allocates $46 million dollars over three years in the CIP? Councilmember Bart Turner has proven himself to be the most effective of all councilmembers. He is articulate, asks the right questions and since the beginning of his service has proposed several very effective actions. The rest of council…not so much.

Mayor Weiers and Vice Mayor Hugh are generally silent; Councilmembers Aldama and Chavira are the Bobsey Twins of the “thank you;” Councilmember Sherwood only speaks when an item aligns with his personal agenda; and Councilmember Tolmachoff’s questions tend to be irrelevant. Keep an eye on Councilmember Turner. His reasoned approach to issues will serve him and the citizens of Glendale well.

In fact, it was Councilmember Turner who said, “The Westgate parking garage is the elephant in the room.” It is that and more. One item never mentioned during this discussion is the AZSTA/Cardinals/Glendale agreement and the stipulation that requires the city to build the parking garage and what exactly triggers that obligation. The public wants to know. It’s strange. The city website has posted all kinds of contracts online going back to at least 2000 but not this one from 2002. Why isn’t it available publicly?

Among other questions, Councilmember Turner asked if the city will build another Taj Mahal immediately or if the garage could be built in phases. He also asked for the number of spaces currently available to the city to meet its agreement requirement and also inquired as to how new development in the Westgate area will impact (and perhaps improve) parking availability. Good questions. They demand answers before this council approves the CIP with the Westgate parking garage for $46 million dollars.

Another CIP item to appear before council was an amount not to exceed $500,000 for an automated library book dispenser. It would be placed in Hero’s Park in the now abandoned skateboard concession stand. The funds would be used to purchase the dispenser, retrofit the concession area and add more of those pesky, costly parking spaces. Mr. Strunk, Director of Parks, Recreation and Library Services, stated that this dispenser is not intended to replace the over arching need for a library in West Glendale.  Clearly it is not. The largest dispenser available can only hold 3,800 books. Wasn’t there dismay in the library community when there was the possibility of downgrading Foothills library to a collection of 35,000 books? The dispenser will only accommodate 1/10 of a Foothills collection. Mr. Struck did not speak to the manpower that will be needed to service this dispenser. After all, someone will need to gather up the books and transport them to the dispenser as well as picking up returned books daily. As Mayor Weiers observed there is also the issue of security. The location is very dark and very lonely. Maybe they can install a half dozen strobe lights…Or a large, very tall, well lit digital billboard would work well too (courtesy of DM).

Why has the stop gap proposal of a library book dispenser popped up all of a sudden? Could it be the renewed request by West Glendale residents for the West Branch Library? Do not think that this action will diminish the need for and the growing demand for the West Branch Library.

Another item of interest on the agenda, especially for City of Glendale retirees, is the increasing cost of medical insurance premiums to that community. As an example, my monthly payment for medical insurance through the city for my husband and I is $1,117. As of July 1, 2015 that will increase to $1,280. That is a monthly premium increase of $163 or $1,956 a year. Yet the slide on premiums for retirees over 65 shows a monthly increase of $88 or $1056 a year. Hmmm…it looks like Jim Brown, Director of Human Resources, was only off by $900 a year. It’s almost to the point that retirees’ entire  monthly pension check will be used exclusively to pay medical premiums. Glendale retirees are worried. They took a big, big financial hit last year with a major increase in the premium and now it seems as if the plan is to continue, only incrementally.

Last, although not discussed at this workshop but a week earlier, is the council action to approve Finance Director Duensing’s plan to wipe out its debt repayments to the city’s Enterprise Funds. Glendale, in order to pay the NHL a management fee for the arena, borrowed $15 million from the water and sewer Enterprise Fund; $40 million from the landfill Enterprise Fund; and $5 million from the sanitation Enterprise Fund. When asked how the Enterprise Funds could make up for the loss, Mr. Duensing said, “you could do rate increases, you could defer maintenance, you could cut your operating losses.” Oh really, Mr. Duensing? The repayment to those Enterprise Funds was a firm pledge of a previous council. It was their solemn intent to repay those funds over time. To erase that debt in some kind of accounting trickery is beneath contempt. Is this Glendale’s future? To erode the intent and word of a council to the point where it becomes meaningless? At what point will we, the residents, no longer believe council’s word?

© 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.

Mar 15

28

Just for fun, #5

Posted by Joyce Clark on March 28, 2015
Posted in City of Glendale • Glendale elected officials  | Tagged With: , | No Comments yet, please leave one

  March 28, 2015….17 years and 86 days without a West Branch Library

It’s week five and once again you are asked to choose the photo of the correct councilmember. My readers are pretty sharp people who keep up with Glendale issues and events. So it stands to reason that you would have no trouble in selecting the correct photo. The mayoral selection that ran the first week was a roaring success with nearly everyone picking the right photo.

The choices for Councilmember Aldama were nearly as high. 82% or 40 votes were correct in choosing photo # 3. However,  16% or 8 votes were for # 2 and 2% or 1 vote for # 1.

Two weeks ago you were asked to pick out Councilmember Chavira. 92% or 33 votes were correct in choosing photo #1. There were 3 votes (8%) for #3.

Last week you picked out the correct photo, number 3, of Vice Mayor Hugh with 38 votes or 88%. There were 3 votes or 7% for number 3 and 5% or 2 votes for number 1.

This week you are asked to choose the correct photo of Councilmember Bart Turner. Here are your choices:

Number 1

Number 1

BartTurner 2

Number 2

Number 3

Number 3

© 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.

Mar 15

27

A late night follow up to Frisoni and a conflict of interest

Posted by Joyce Clark on March 27, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , , , | 7 Comments

Earlier today, March 27, 2015 I made a Public Records Request for information relating to an allegation that Assistant City Manager Julie Frisoni may have violated the state’s Conflict of Interest law. Before the close of business today I received the information I had requested. I want to publicly thank Darcie McCracken, Deputy City Clerk, for the excellent and immediate service I received.

The information I received begins with a letter dated February 11, 2014 sent by Frisoni to Michael Bailey, City Attorney and copied to Jim Brown, Director of Human Resources and to then City Manager Brenda Fischer. In her letter she stated that Councilmember Alvarez had been harassing her and creating a hostile work environment for a month. She stated, “This merchant (from Glendale) told our staff today that CM Alvarez told him that I was going to be fired because of my unethical dealings in relation to purchases from a company that my husband works for.” She went on to say, “My understanding is that she (Alvarez) is violating the council code of ethics, as well as the council code of conduct.” She asked for an immediate investigation to remedy the situation and to be advised of the next steps.

Two days later, February 13, 2014 Brenda Fischer sent an email to Frisoni and copied Jim Brown and Michael Bailey. Fischer indicated that after receiving a councilmember complaint she directed Bailey to “research this matter” and based upon Bailey’s review she considered the matter closed. She attached a memo from Bailey with his conclusions. Bailey’s February 13, 2014 memo said, in part, “From his (Shumway) job title, he does not appear to be involved with public sector sales. Based on this cursory review, I did not find any information to indicate that Mr. Shumway was involved with or benefitted from Glendale’s contracts with Insight Public Sector.” He went on to say, “We were not provided nor discovered any evidence suggesting a conflict of interest. Please note that this review was cursory in nature; a more formal review and opinion would require information that isn’t publicly available.”

Fischer’s and Bailey’s conclusions are troubling because of the perceived lack of due diligence by Bailey in investigating the allegation. He said, “On-line information indicates that Mr. Shumway is vice president, information systems-application development at Insight.” He stated, “Based on this cursory review, I did not find any information to indicate that Mr. Shumway was involved with or benefitted from Glendale’s contracts with Insight Public Sector.” As you can see, Bailey appeared to have done on-line research and used that as the basis of his legal opinion. There also seems to be a lot of CYA on Mr. Bailey’s part with words such as “my understanding is” and it “appears.” As any good “jail house attorney” knows, those are wiggle room words. However, a February 20, 2014 letter by Frisoni to Jim Brown and copied to Fischer and Bailey indicated that she was satisfied and stated, “I am satisfied with the current action that has been taken…”

Hold on…not quite so fast…On March 3, 2015, a year later, Councilmember Bart Turner sent an email to Mayor Jerry Weiers, Acting City Manager Dick Bowers, City Attorney Michael Bailey, Vice Mayor Ian Hugh and Finance Director Tom Duensing. Prior to voting on the issue of a payment increase in the Insight contract he asked for an explanation of, “it appears that the increase in the contract is significantly higher than the base ($138,000) without any explanation for what we receive for the additional expenditure.” He made clear that he was not accusing Frisoni of any conflict of interest. He then stated, “In reviewing the conflict of interest disclosure file at the City Clerk’s office I notice there is no non-conflict statement on file from Ms. Frisoni as there are for several other city employees who may have a perceived conflict of interest due to family or personal ties to city business.” There is the answer we were seeking. Ms. Frisoni did not file a Conflict of Interest Disclosure about her husband’s company bid on and securitization of a multi-million dollar contract from the city.

Three days later, on March 6, 2015, Frisoni asked for specific statements attesting to her non conflict of interest. Director of Finance, Tom Duensing specifically asked Chuck Murphy, Chief Information Officer if Frisoni improperly influenced the Insight Public Sector bid. Murphy attested to the fact that it did not occur. Duensing did not offer any assurance. Frisoni then sent their emails to the City Clerk’s office.

Apparently Bailey requested a statement from Frisoni. In response on March 11, 2015, she sent an email to Bailey. Her opening stated, “Pursuant to your request, I am providing information regarding my association with Insight…” It appeared that this email was requested by Bailey to tie up loose ends in an effort to counter and to satisfy Councilmember Turner’s observation that Frisoni never signed a Disclosure. As an addendum within Arizona Revised Statues, Chapter 8, Conflict of Interest there is a specific Disclosure form provided. To this day she has not signed one. She should have erred on the side of caution, given her position within the city’s senior management, of signing such a form. It’s a good thing that she didn’t sign one now and backdate it. We all remember a previous backdating by 4 councilmembers, Eggleston, Martinez, Frate and Goulet that resulted in indictments for them and City Clerk Pam Hanna…all of which were dismissed on a technicality.

Frisoni said over and over in her correspondence that she did not influence or interfere with the City’s bid process and that appears to be true. But it doesn’t answer the question of whether or not she gave advice on that specific bid process to her husband to be passed on to Insight’s bid team. That we will never know.

Frisoni, through her actions, probably earns a zero for ethics. Even though it seems apparent that neither she nor her husband immediately benefitted financially from a successful bid, that’s not the point. It’s a matter of doing the right thing even if no one notices or acknowledges it. In a situation offering even the slightest perception of conflict it would have been prudent of her to disclose that her husband works for a company involved in a very lucrative bid with the city. It would not have hurt anything and would have enhanced her ethical standing. Many people are of the opinion that’s just not her style.

© 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.

Mar 15

21

Just for fun…#4

Posted by Joyce Clark on March 21, 2015
Posted in City of Glendale • Glendale elected officials  | Tagged With: , | No Comments yet, please leave one

March 21, 2015….17 years and 80days without a West Branch Library

It’s week four and once again you are asked to choose the photo of the correct Vice Mayor. My readers are pretty sharp people who keep up with Glendale issues and events. So it stands to reason that you would have no trouble in selecting the correct photo. The mayoral selection that ran the first week was a roaring success with nearly everyone picking the right photo. The choices for Councilmember Aldama were nearly as high. 82% or 40 votes were correct in choosing photo # 3. However, this time 16% or 8 votes were for # 2 and 2% or 1 vote for # 1. Last week you were asked to pick out Councilmember Chavira. 92% or 33 votes were correct in choosing photo #1. There were 3 votes (8%) for #3.

This week (Saturday, March 21 to Saturday, March 28) you will pick out the correct photo of Vice Mayor Hugh:

Number 1

Number 1

Number 2

Number 2

Number 3

Number 3

 

© 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.

Mar 15

20

Glendale council special workshop meeting

Posted by Joyce Clark on March 20, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale's Fire Union  | Tagged With: , , , , , , , , , , , , , , | 3 Comments

On Monday, March 16, 2015 the Glendale city council held a special workshop meeting. The only agenda item was the Public Safety Personnel Retirement System (PSPRC). There were 4 presenters: Brian Jeffries, President of the Professional Firefighters of Arizona (PFFA); Scott McCarty, representing the Arizona League of Cities and Towns Pension Reform Task Force; Justin Harris, President of the Glendale Law Enforcement Association (GLEA) and Secretary of the Arizona Police Officers Association (APOA); and Julie Pendergast, President of the Glendale Chapter of the Arizona Fraternal Order of Police (Glendale FOP) and Co-Chair of the Glendale Law Enforcement Coalition (GLEA +GFOP).

Mr. Jeffries (PFFA) began with a 35 minute presentation of the history and background of the PSPRC; legal challenges as a result of SB 1609 passed by the Arizona Legislature in 2014; and the state fire union’s call for a constitutional amendment to the state constitution. Mr. Jeffries was articulate and offered a slick presentation. One can appreciate why he is the president of the state fire union.

He acknowledged as their partners in seeking a constitutional amendment several law firms hired by the union; TriAdvocates hired by the union as their communications arm; the Fire Chiefs Union and the Fire Districts Association; and last but not least, the Fraternal Order of Police, the Arizona Police Association and the Arizona Highway Patrol Association.

He did clarify at one point, that while law enforcement had attended fire’s meetings on the issue of pension reform it was there to observe rather than as an active participant.

In essence, Jeffries was asking for council to sign on as a supporter of their constitutional amendment proposal. Their fire referendum’s basic language states, “The benefits of the beneficiaries shall neither be diminished nor impaired except for the provisions on Bill xxxx (sic), as passed by the legislature in 2014.” I don’t pretend to be an expert on SB 1609 and its provisions but it appears as if the fire union really, really wants this bill – to the extent that they want it to be a constitutional amendment. They don’t appear to be interested in true pension reform.

There have been lawsuits filed against SB 1609 and in the Harris case, one provision relating to retiree benefits has been struck down successfully. Another case, the Hall case relating to active personnel benefits, looks like it, too, will be struck down successfully.

Despite those provisions being removed the fire union still wants this bill to remain in perpetuity. Jeffries threw down the gauntlet when he proclaimed that the fire union wanted action now and were prepared to mount a statewide referendum campaign to get it on the ballot this year. We should all be asking, why the rush? Next year, 2016, there will be a presidential election and it could be on the ballot at that time. Instead they are ready to fund it and run it as a full, political operation with TV advertising, direct mail and a statewide grassroots effort – now, right now. The question remains, why?

The next presenter, Scott McCarty represents the Arizona League of Cities and Towns. The league, last June, put together a task force on pension reform. The League is taking a measured approach and is currently preparing a Draft Yardstick of pension reform goals, measurements and outcomes. In May or June of this year, they will compare the fire union’s proposal against their Draft Yardstick and by August, 2015 they will present their proposal for pension reform along with their findings of the fire union proposal to all participating cities at their Annual League Meeting.

Last up were Justin Harris (GLEA) and Julie Pendergast (Glendale FOP). Mr. Harris spoke on behalf of both Glendale police unions. He disputed Jefferies’ assertions that the police were on board by unequivocally stating, “The police union is not working in ‘concert’ with the fire union.” He went on to say, “Currently the police union is at odds with the fire union over an agreeable solution.” He said, “The police union wants a plan that is legitimate, legal and long standing.” If Mr. Jeffries’ statements about police union support for this constitutional amendment were in fact, misstatements, what else in his presentation was a misstatement?

Mayor Weiers made some interesting comments. He explained that at the time SB 1069 was introduced, he was Chair of the House Rules Committee. Upon legal advice he came to the opinion that SB 1069 was unconstitutional and would face legal challenges. Kirk Adams was former House Speaker and fully supported SB 1069. In essence, Mayor Weiers said Adams threatened him with removal of his chairmanship if he did not pass SB 1069 out of committee. Weiers acceded.

Weiers also stated that Mike Colletto of the Professional Fire Fighters Association was opposed to the bill but eventually caved and joined in signing off on it. It just so happens that Kirk Adams is Chief of Staff for newly elected Governor Doug Ducey. So don’t be surprised if the fire union effort eventually receives an endorsement from the Governor’s office.

Mayor Weiers then asked Acting City Manager Dick Bowers if this agenda item was informational or required direction because…he and the rest of council had received an email from…you, guessed it…Councilmember Gary Sherwood…asking that council give direction to place this item on an evening voting meeting agenda so that council could support the fire union’s proposed statewide referendum. Doesn’t Sherwood ever quit?

Councilmember Chavira, a firefighter for Phoenix, just couldn’t stand Mayor Weiers’ characterization of his self proclaimed mentor, Mike Colletto and said, “I never saw Mike Colleto cave on anything.” After thanking Jeffries profusely for his “complete presentation” (he almost said “complex”) he then went on to chide the council by stating the need for “solidarity” between the two unions implying that shamefully the police unions were not standing toe to toe with their brother union.

The most important lesson coming out of this informational presentation is that cooler heads…a majority of them…prevail. Those cooler heads are willing to take the time necessary to come up with public safety pension reform, built on compromise, that will stand up to legal challenge and last over time. The fire union’s proposed constitutional amendment speaks to a hidden agenda…what do you think it 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 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.

Mar 15

19

Fischer’s departure

Posted by Joyce Clark on March 19, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials • Glendale's Fire Union  | Tagged With: , , , , , | 2 Comments

March 19, 2015….17 years and 78 days without a West Branch Library

Please note: From now on my header will contain the length of time West Glendale has been waiting for its long promised library.

It’s only been a few weeks since former City Manager Brenda Fischer resigned and her “publicists” remain hard at work. I have no doubt there will be more positive stories planted in the local media about the “great job” Fischer did in her 17 months in Glendale.

On March 13, 2015 Eric Jay Toll authored an article entitled “The two sides of the Fischer-Weiers split” in the Phoenix Business Journal. Unfortunately unless one has a paid subscription one cannot read the entire article as the website only posts a paragraph or two. As luck would have it, my neighbor does subscribe and gave me his copy.

There was one very notable quote in the article. “Brenda Fischer was good to employees, and she was good for business in the city,” said Glendale Firefighters Association President Joe Hester. “When she left, it was an extreme disappointment. I’ve worked with a number of city managers and she was the first one I’ve worked with who was fully transparent, operated with integrity and had a word that could be trusted.”

Is Joe Hester implying that Interim City Manager Dick Bowers is not “fully transparent,” does not “operate with integrity” and his word is not to “be trusted?” After all, Hester states categorically that she was the first city manger that he worked with who embodied those qualities. Dick Bowers, former City Manager of Scottsdale for many years, is a person with an impeccable reputation of the utmost integrity, transparency and trust. If I were Mr. Bowers I would be none too happy with Mr. Hester’s remarks.

Hester has only been President of the Glendale Firefighters Association for a few years. As president of the union he did not work with Dr. Martin Vanacour, Glendale’s City Manager from 1985 to 2001. If he worked with Glendale’s next City Manager from 2001 to 2012, Ed Beasley, it was for a very brief time prior to Beasley’s departure. So who did Hester work with? That leaves Horatio Skeete, City Manager for about 4 or 5 months in 2012; Dick Bowers for approximately 8 months in 2012 to 2013; Brenda Fischer for 17 months from 2013 to 2015; and now Dick Bowers again. It appears that the number of city managers with whom Hester has worked is three. His characterization of a “number of city managers” would lead one to believe that there have been scads of them. Hmmm.

Then again, of course Mr. Hester was delighted to have Fischer as Glendale’s city manager and why not? Ms. Fischer’s husband was, and may still be for all I know, a firefighter in Henderson, Nevada. It is understandable that Ms. Fischer’s natural bias would be in favor of the firefighters. Wouldn’t Hester feel he had a sympathetic ear when it came to firefighter goals and issues?

Mr. Hester also stated that Ms. Fischer was “good for business in the city.” Perhaps he should have checked with Robert Heidt Jr., President and CEO of the Glendale Chamber of Commerce. I don’t think anyone has forgotten Ms. Fischer’s temper tantrum directed at Mr. Heidt at the Yard House restaurant…a very public place.

Mr. Toll’s headline for his article, “The two sides of the Fischer-Weiers split” implies that Mayor Weiers was responsible for her leaving. Not so. Ms. Fischer was capable of causing it all on her own. Her actions including promoting Julie Frisoni as Assistant City Manager when she was unqualified for the position at the time; her very public berating of the Glendale Chamber President; her perceived advocacy for one councilmember’s (Gary Sherwood) agenda; and her brazen request for three sitting councilmember’s emails were more than enough to sour a majority of council on her leadership.

Many have come to the conclusion that Ms. Fischer orchestrated her own demise as Glendale’s city manager.

© 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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