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Joyce Clark Unfiltered

For "the rest of the story"

man moneyThere were several take-aways from the March 27, 2013 Glendale City Council budget workshop. Perhaps the most important was the Executive Director of Finance, Ms. Sherry Schurhammer’s quote of the day, “we have an ongoing operational deficit.” I’m not sure what about that statement some councilmembers refuse to understand. It’s really quite simple. The city spends more money than it takes in.  It’s almost as if members of this council expect manna from heaven or a sugar daddy to appear as a means of solving the city’s financial problems. Let’s hope this council grows a backbone and accepts that cost of service cuts are needed. The latest proposal from staff shows major cuts of $8M not now but in Fiscal Year 2014-15 and another round of cuts in Fiscal Year 2016-17. Quite clearly putting off the necessary cuts merely compounds the deficit and makes the future cuts to citizen services and quality of life more drastic and more painful.

Coyotes logoAnother interesting take away is the fact that staff is using $6M as a placeholder for an arena lease management fee. At least there was acknowledgement that this figure is merely a place holder. The final fee could be higher, lower or stay the same.  Or is that a place holder for the Phoenix Monarch Group, the good friends of Councilmembers Alvarez and Chavira? There remains a residual “blame the Coyotes” mentality. The first slide up presented by staff showed the city with a $3.4M deficit if it had had to pay the $17M arena lease management fee this year. I think that deficit blame deserves to be placed elsewhere. How about the $2.5M to repay the Water & Sewer Funds, and also used to make the Risk Management Fund and the Workman’s Compensation Fund whole? Or how about the $2.2M of newly created expenses: a $200K audit, a $100K Beacon contract, $1.2M additional to the Fire Department; an additional $370K in legal fees, an additional $370K in water costs in the Parks & Recreation Department or the unknown amount in salary and benefits for the newly hired Interim City Manager? These big ticket items come to nearly $5M in new costs that were unbudgeted when the current budget was approved and they will have to be absorbed this year.

hidden agendaAnother take away is there is certainly no doubt about at least one councilmember’s agenda. CM Chavira is “carrying the water for Public Safety.” It was obvious that his friends from inside those departments, especially Fire (don’t forget he’s a Phoenix firefighter), had prepared a series of questions for him to ask.  He read them quite nicely. Later when he was asked if he had more questions and apparently had used all of his prepared questions, he seemed to be at a loss for words. Chances are they will have prepared a new set of questions for him to read at the April 2, 2013 council workshop on Public Safety.

PolicemanWhile Interim Police Chief Black answered his questions directly and provided a realistic assessment based upon the city’s current fiscal condition, we didn’t see the same level of cooperation from Fire Chief Burdick. There definitely is a further agenda occurring on the Fire side. We heard the first salvo today when the Chief said calls for service had grown. Well, Glendale’s population has not grown per Mr. Craig Johnson, Director of Water Services, when he said new water hookups are flat. Those people leaving Glendale are replaced by others moving in but not in large enough numbers to create an explosion of growth in Glendale. The city is already planning for the fact that as Glendale’s population remains static, it will lose some of its state shared revenue to other, growing NW and W Valley cities.

Red Firetruck with Ladder ClipartSo where are the increased calls for fire/emergency service coming from? Have you heard of Automatic Aid? It’s a regional and cooperative program among most Valley Fire departments. If there is a call for fire service in Phoenix, Avondale, etc., and their nearest truck is busy on another call, the nearest adjoining city department will respond. I would certainly want to know the number of calls for fire service Glendale responds to outside the city versus the number of calls for service within the city. The increase in calls for fire service may well be attributable to population growth in cities surrounding Glendale.  If that is the case and the increase in calls is the result of an increased need to respond to Automatic Aid calls that is not a Glendale driven problem. We are not mandated to grow service or pay for it in Glendale to accommodate surrounding cities. While Automatic Aid is great in fostering regional cooperation in cases of extreme regional emergencies and for creating cost efficiencies in the use of specialized services such as water or mountain rescue, I am not convinced that it works in the best interest of a city with a stable population base whose resources are being used by surrounding cities with burgeoning populations.

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city hall 2

City Hall

On Tuesday, March 26, the Glendale City Council met in regular session. There were 29 agenda items. Based on previous meetings that I attended as a council member that is a pretty hefty agenda. Lo and behold! This council whipped through it in the record time of one hour! One could assume that it was because of their extreme efficiency but that would be an erroneous assumption. This is a council that questions nothing and comments even less. My first question would be, did any of them do their homework and actually read the material?

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City Council minus
Councilwoman Alvarez

For example, Item 20 was an agreement to rebuild two refuse trucks. Not sexy at all. But one replacement truck costs about $500K. For half that price, roughly $250K two trucks are being rebuilt. This is an action never before taken by our Public Works department. You would think some on council would have thanked Mr. Stuart Kent, Executive Director of Public Works, for taking this proactive and innovative approach to city equipment, saving the city easily a half million dollars. Not a peep from this council. Just…nothing. Amazing.

westgate 1There was approval of an agreement with the current Westgate owners for sidewalks, shade canopies, etc. between Tanger Outlet and the rest of Westgate. No one on council took the time to thank the owners for their efforts and financial participation in this public-private partnership. No one asked about implementation of a “HAWK” system for pedestrians trying to cross 95th Avenue to get to Westgate. There is a “HAWK” in use on Glendale Avenue at about 66th Avenue. It allows the pedestrian to push a button which causes a yellow light to flash followed by a red light to stop all vehicular traffic. It allows the pedestrian to cross a busy street safely by stopping all vehicular traffic in both directions. Wouldn’t this be a wonderful addition to move pedestrian traffic between Tanger and the rest of Westgate? Before I left council I was advocating such a strategy. Sadly, no one took up the cause.

There were four items that you would think would have engendered at least minimal questioning or comment.  Two were awards of contracts. One was Item #16 to Haralson, Miller, Pitt, Feldman & McAnally in the amount of $200,000 for an external city audit and the other was Item #21 to Beacon Sports in the amount of $100,000 for issuance of an RFP and handling of negotiations with possible arena managers. There was not one question. There was not one comment. There was no discussion whatsoever. Could ‘a been a day in the park. Not one word to the general public about either contract’s terms, scope, time frame, or justification for cost. Just…nothing.

Skeete

Horatio Skeete

Bowers

Dick Bowers

The other two items were just as astounding.  Item #26 was termination of Horatio Skeete as Interim City Manager and demotion back to Assistant City Manager. Not a “thank you.” Not a word of recognition for the good things he had done for the city. Not even a comment from Mayor Weiers saying “that council was moving in a new direction.” Just…nothing. In the next action, Item #27, council appointed Dick Bowers as Interim City Manager. Not a word about his background, expertise or experience. Just…nothing. Item #28 was tabled by staff and signals that council has not come to terms with Mr. Tindall on what he will receive financially upon his termination. That did not slow up this council for one minute as they approved Nick Dipiazza as Interim City Attorney in Item #29. Just…nothing.

Norma Alvarez

Norma Alvarez

Once again Councilmember Alvarez was AWOL. How many times has it been? Also worth noting (and I may have missed it as I watched dumbfounded by this council) was the lack of a vote by council to approve her absence.  Did she not want to be on record as a yea or nay vote on the Beacon Sports contract or has she injured herself again? For the third or fourth time? Her lack of representation of the interests of ALL (not just a selected demographic) of the people of her district is being noted by many.

Weiers

Mayor Weiers

Mayor Weiers “good ole boy” public persona is beginning to wear thin as he fancies himself a “deal maker” behind the scenes. Latest word on the street with regard to Coyotes ownership is that nobody is in charge (except for Beacon Sports as of today for a $100,000 fee). Possible owners are speaking directly to various councilmembers to encourage them to champion their proposal. What a way to set up internal warfare.

Of course, the carpetbaggers, Andrew and Darcy Marwick, residents of Phoenix were in attendance. Some people (not I) refer to them as “Dumb and Dumber.” Mr. Marwick took the occasion of approval of the agreement with the Westgate owners to once again denigrate the actions of the previous council in “propping up” a failed Westgate. I would imagine he could opine on any subject (as he often does) and claim its failure is due to the previous council.

Lastly, when was the last time there was no citizen comment at the end of a council meeting? I would venture to say,convention 2 probably 4 years. If the past council had voted to approve the Beacon Sports contract, I dare say Ken Jones and half dozen others would have been railing against such a vote. No Jones, no Thruston, no Dempskey- no usual cast of wacky characters- to accuse this council of throwing good money after bad by approving Beacon Sports. This time just…nothing.

transparentThe new buzz word in government is “transparency.” We all know what it means; the ability to see through something without any kind of blockage. Transparency has to do with disclosure. It means providing information about an issue, event, project, policy, program etc. and then providing a way for people to find and view that information. This council proved tonight that transparency is not a meaningful part of its agenda.

I prefer to call this council, the “Opaque Council” (The OC). Something is opaque when you cannot see through it. Theopaque action is characterized as hard to understand because it is not clear or is obscured by the deliberate misuse of language or inaction. It also has a secondary meaning, which is being dull, stupid or unintelligent. I leave it to you, dear reader, to choose which definition of opaque is more relevant and meaningful to you.

 

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External Audit coming…

auditAt the Tuesday, March 26, 2013 City Council meeting an agenda item will be a vote of approval to hire Haralson, Miller, Pitt, Feldman & McAnally (HMPM), P.I.C., a law firm, to perform the special external audit this council has been craving. It doesn’t come cheap. The cost of this contract is $200,000. HMPM will subcontract out some of the work to Butler, FFG, and ESI. It is not clear from the staff report what would be the scope or responsibility of any of these firms. It is also not clear what their specialties are.

The costs per hour range from a high of $400.00 per hour for a principal to $100.00 per hour for a paralegal/law clerk.  Simple math shows that the number of hours billable for this contract range from 500 hours (about 12 ½ weeks) to 2,000 hours (about 50 weeks). This exercise could be completed in 3 months to a year. I think we can expect it to be completed this summer.

This is not a budgeted item and is not included in the current Fiscal Year 2012-13 adopted budget. That means that the money will have to be allocated from somewhere in the budget. Look for the payment of this contract to come from the $17M set aside for an arena lease management agreement. By the time this council’s agenda is met we won’t see much of the $17M left to pay anyone to manage the arena.

Bowers

Dick Bowers
Courtesy of
Linked In

A new Acting City Manager…

Expect at this same council meeting the hiring of Mr. Richard Bowers, former Scottsdale City Manager, as Glendale’s Interim City Manager until the search and hiring of a permanent city manager is completed.

A new Acting City Attorney…

Expect the council to approve Mr. Nick Depiazza, current Chief Deputy City Attorney, as the Interim City Attorney, until a permanent City Attorney is found and hired.

Budget meetings slated for this coming week…

On Wednesday, March 27, 2013 and Thursday, March 28, 2013, council will participate in two budget workshopsbudget 3 starting at 9am each day. This year’s budget workshop book is a hefty 284 pages of reading guaranteed to entertain and delight. Just crank up your printer, go to the Glendale website, find the agendas under the City Clerk’s page and you can print your very own copy just as I did. If you know where to look you will be able to spot the shifts in policy based upon where this council allocates available resources.

coins 1Still looming is how this council will address the loss of $22M in revenue currently being earned by the sales tax increase slated to sunset in 2017. The general feeling among council is that the city will have recovered by then and will easily absorb the $22M loss in sales tax revenue. There appears to be no will to be fiscally prudent and continue with cuts in anticipation of that loss of revenue. If they do not have the will to make gradual cuts each year for the next four years, they will be forced by circumstance to make draconian cuts in 2017. It’s very simple; karma catches up to you every time.

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Today the city released as an agenda item for Tuesday, March 26, 2013 city council meeting. The council will be asked tocity hall 2 formally ratify a contract with Beacon Sports Capital Partners that has apparently been in effect since March 4, 2013. In fact, the City’s Communications Director, Julie Frisoni, denied as late as March 15, 2013, that there was any such contract.  An action George Fallar and I have speculated upon for the past month.

I suspect that the contract was vetted in a previous Executive session after a council workshop. Keep in mind, council may not vote in a workshop or Executive session but they can certainly come to consensus and give direction. When I served on council, a majority routinely gave direction in an Executive session. The council meeting on March 26 merely ratifies direction provided as a previous executive session. So much for a greater transparency embraced verbally by the new council and recently lamented as absent by the infamous Ken Jones in recent letter to the editor in the Glendale Star. The bloom may be off the rose for Mr. Jones and his love affair with the new council.

BeaconThe Beacon contract is short and sweet and takes only 4 pages. Glendale tasks Beacon with developing an RFP “process for the future lease and management of the Arena to prospective Venue Managers…” Its role is that of liaison for Glendale and it has no power to bind Glendale to any contract. Its duties consist of: reviewing all existing business contracts; preparing the RFP; soliciting interested parties and assisting them in their due diligence and review process; providing a recommendation to the city manager and council; developing the arena management agreement and sealing the deal between the venue manager and the city. We have to presume that the NHL approves of such an arrangement as they continue their silence (there is an occasional platitude signifying nothing).

This contract is in effect for 6 months (September 6, 2013) or if a venue manager is secured before the end of the statedcontract term, it will terminate earlier. When this agreement is ratified by council, presumably on March 26, Beacon will receive a $25,000 retainer. In addition to that retainer the city will pay $400 per hour for the services of 3 Beacon principals: Richard Billings, Jr., Gerald Sheehan and Christopher Billings. Oh, and by the way, these fine gentlemen will be reimbursed for any out-of-pocket expenses such as travel, lodging and meal expenses. The costs of this contract are not budgeted in the Fiscal Year 2012-13 budget. The funds will have to come from the “Unappropriated Contingency” Fund (read the $17M allocated in this year’s budget to pay for an arena manager).  Lastly, both sides in the contract recognize that this agreement is proprietary and confidential.

In a previous blog, “Ripples in a cornfield,” I related that a 2005 suit was filed against Beacon Sports, IFG and Michael Reinsdorf by West Coast Arena Ventures, LLC in the Superior Court of California. West Coast Arena Ventures sued because it alleged that its confidentiality was breached by Beacon, IFG and Michael Reinsdorf. I do not know the outcome of this suit.  It has been alleged previously that when IFG and Michael Reinsdorf had work they could not or chose not to take they passed it on to Beacon. A leopard doesn’t change its spots.leopard 2 It may very well come to pass that the Reinsdorf/Kaites group will have an inside track because of its relationship, perceived or real, to Beacon Sports.

The previous Reinsdorf deal for the purchase of the Coyotes insisted there be a 5 year opt-out clause. If they hold to the same line, the Coyotes could stay for an abbreviated period and then be moved to…Seattle?

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savingsIn my posting the other day, “Saving grace,” I talked about the $17M allocated and reserved in Glendale’s Fiscal Year 2013-14 Budget for Jobing.com Arena’s lease management agreement. I suggested that saving that $17M would be prudent by placing it in the city’s Unappropriated Contingency Fund. It should not be spent at this time. Then should there be a lease management agreement the first year’s funding would be available or if not used in that manner, it would fatten the city’s bottom line, an attractive strategy for lowering interest rates on the city’s bond indebtedness.

Well, apparently everyone – from city staff to the council – is already placing dibs on that money as evidenced by the March 19, 2013 City Council workshop.  Ms. Sherrybargaining 3 Schurhammer, Executive Director of Finance, offered many ways to spend it. Some of the expenditures include:

  1. Paying for the special, outside audit mandated by the new council.
  2. Paying for the consultant (read Beacon Sports and its special ties to the Reinsdorfs) to write and manage the RFP for the arena.
  3. Miscellaneous city department overages or unexpected expenses.
  4. Repaying loans made from the water and sewer funds.
  5. Paying for fund transfers to and from the Risk Management Trust Fund and the Workers’ Compensation Trust Fund.

Add to that staff wish list Mayor Weiers’ recent comment about raising employees’ salaries. Also add Councilmember Chavira’s plaintive call for a Special Council Workshop to consider the issue of Public Safety employees’ compensation and Councilmember Alvarez’ desire to restore or increase funding for youth and the poor.

If everyone’s desires are fulfilled, you can say good-bye to that $17M at the end of budget workshop discussions. Then where will the funding come from if (are you listening, God?) there ever is a successful contract for the arena and its management.

tax increaseI also heard the first tentative feelers being thrown out there publicly about Glendale’s property tax rates and the fact that revenues from that source continue to drop. Don’t be surprised if there is discussion (and possibly) adoption of higher property tax rates in Glendale.

 

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Note: I know I promised to relate the Council’s discussion of the casino next in Part II of What do these two things have in common? but this is such a timely issue and is now being reported widely I decided to post it before the casino issue.

On March 5, Paul Giblin of the Arizona Republic reported that, the Arizona Cardinals training camp would provide economic impact of $15.3 million, Glendale says. More business at Westgate City Center, Tanger Outlet mall.”

OK then. Joe Ferguson of the arizonadailysun.com on March 5, 2013, reported, The training camp is estimated to inject roughly $2.3 million into the Flagstaff economy annually, according to a study performed by the Arizona Rural Policy Institute at NAU — $1.6 million directly and $700,000 indirectly.

But those impacts, which are calculated according to a standardized economic model, might not be as great in practice. When the Cardinals went to Prescott in 2005 because of a virus outbreak at NAU, taxable tourist-related sales in Flagstaff showed no drop from 2004, nor were sales in 2006 much higher when the Cardinals returned.”

That’s quite a discrepancy between the $15.3 million Glendale says could be realized and the $2.3 million Flagstaff actually does realize. Who is right?  I don’t think anyone has a blinking clue but let’s take another look at the figures presented by Glendale City staffers to the councilmembers at their workshop meeting of March 5, 2013. Staffers said Applied Economics was retained to perform the study on economic impacts to Glendale if the training camp is located here.

westgate 1

Westgate

It reminds me of a City Council Meeting that occurred on November 27, 2001.  At that meeting council received information from the Arena Mixed-Use Development Agreement. Steve Ellman contractually agreed to this schedule for development of Westgate:

Deadline for Completion                        Cumulative Min. SF of Qualified Use Space

6 mos. after substantial

completion of arena                                800,000

 

30 mos. after substantial

completion of arena                                900,000

 

42 mos. after substantial

completion of arena                             1,100,000

 

54 mos. after substantial

completion of arena                             1,300,000

 

66 mos. after substantial

completion of arena                             1,450,000

 

78 mos. after substantial

completion of arena (by 2010)           1,600,000

 

Or this presented at the same council meeting, which was projected to produce these revenue figures for the city:

 

Tax Report Year    Qualified Tax Revenues     Min. SF Qualified Use SpaceBag of Money Clipart

 

1                                 $2,921,034                              800,000

2                                 $3,008,665                              800,000

3                                 $3,464,057                              900,000

4                                 $4,298,237                          1,100,000

5                                 $5,157,442                          1,300,000

6                                 $5,859,860                          1,450,000

7                                 $6,583,350                          1,600,000

 

It all looks so rosy, doesn’t it? Projections offered down to the dollar. Except it never materialized. Steve Ellman never met any of these development projections. In fact, if I remember correctly, today there is only about 600,000 SF of use space developed in Westgate.

Let this be a lesson. Projections and estimates can be anything and should not be relied upon as gospel. You know the old saying, “Fool me once, shame on you. Fool me twice, shame on me.”

The city is saying there “could be an economic impact of $15.3 million in 2013.” For whom? The region…the state? It football field 2then goes on to say, “total direct revenue for the City of Glendale is $509,000; including fan spending, hotels and utilities.” I thought part of the reason the Cardinals’ training camp is moving to the Valley is to accommodate the existing Valley fan base and to grow it. Hotel nights won’t be a big factor if most of the fans are living in the Valley. Joe Ferguson of the arizonadailysun.com, in the same article cited earlier in this post, reports, “In addition, local merchants report that many of the Cardinals fans are day-trippers from the Valley who pack picnic lunches and spend relatively little in Flagstaff.”

City staffers on March 5, 2013, provided council with a Youth Sports Complex Fee Comparison:

                                                                                    Global Spectrum      Rojo Management

Management Fees                                                      $216,000.00              $285,000.00

Utility Costs (Water & Electric)                                    106,000.00                  40,889.25

Total  Cost                                                                      322,000.00                325,889.25

Revenue to City                                                                   50%                          20% (after $150K)

Net Cost                                                                        $322,000.00              $325,889.25

 

There are lots of questions about this staff presentation that were not asked by councilmembers. Without context it’s like comparing apples to oranges.  Global Spectrum’s contract calls for managing and renting out the sports fields all year Boy Playing Soccer Clipartlong for $216,000. We must assume that Rojo’s contract would call for the same yet their management fee is $69,000 higher.  Why? Do they need more people to do the same job that Global does?  Do they pay higher salaries to their personnel than Global does? What is their rationale for a higher management fee?

There are many youth sports leagues that rely upon the use of and rent these fields all year long – from soccer to football leagues. There is a major discrepancy between both contracts relative to utility costs. The $40K figure that Rojo cites, by assumption, does not seem to reflect the fields’ usage all year long. Is it their intent to only reflect utility costs incurred during training camp? Or was it a low-ball figure designed to make Rojo’s bid more attractive? I don’t know but these are questions that should have been asked. Rojo, by the way, is a Bidwell subsidiary.

Ice Skating ClipartAnother question not asked is, what was the revenue generated by Global Spectrum last fiscal year? The city receives 50% of it from Global. Should we not know what that figure is? Rojo is proposing revenue share of only 20% and that is after the first $150,000 is generated. I am sure staff in preparation for this presentation should have been able to supply an estimate of revenue it expected to receive under the Rojo contract. Council should have asked about revenue projections or staff should have provided this information to council.

On the face of it when comparing these two costs for operating the youth sports fields there is only a $3,889.25 difference. (I always love it when they offer costs down to the penny. How can they be so accurate on the smaller items and often miss the big picture entirely?) Is the presentation designed to make you say, well there’s such a small difference between the two, why shouldn’t we enter into a contract with Rojo and reap the rewards of having the Cardinals’ training camp?

But until the questions I posed are answered, I’m not buying it and neither should you.

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Weiers

Mayor Weiers

On Wednesday, February 28, 2013, several Glendale elected officials made comments worthy of note. Mayor Jerry Weiers delivered his first State of City address at the Chamber of Commerce Annual Business Appreciation Dinner. His remarks were more notable not for what he said but for what he did not say.

He recognized the need for West Valley cities to cooperate with one another on regional issues and extended the proverbial “olive branch” to them. Since he was speaking before many business interests his announcement of a Mayor’s Business Advisory Council hit the right note with the group. He also indicated his desire to bring more major events to downtown Glendale.

The two most pressing issues facing this council – the budget and the Coyotes- were absent. His lack of commentary on the council’s upcoming budget setting for the next fiscal year was an elephant in the room ignored. I’m sure he has his own agenda regarding the city’s budget and his failure to speak publicly to the issue should be of concern.

Sherwood

Councilman Sherwood

The second veil of silence was placed over the Coyotes issue. On the same afternoon, hours before the Mayor’s speech, Councilmember Gary Sherwood was interviewed off-air by the principals of the Roc and Manuch radio show. He told them that they should expect the mayor to make a “positive announcement” about the Coyotes. Didn’t happen. Was Sherwood sandbagged by the mayor? Or did he assume the “positive announcement” was related to the Coyotes? Either way, it was the first step in the destruction of Sherwood’s credibility.

Has Beacon Sports been hired to negotiate with potential buyers of the Coyotes? We don’t know because the mayor was silent. Are there “mystery buyers” as the mayor has claimed? We don’t know because the mayor was silent. Does the mayor still want to issue 4 separate management contracts for the arena? We don’t know because the mayor was silent. Does the mayor want to keep the Coyotes in town? We don’t know because the mayor was silent. Is time of the essence to settle the Coyotes issue? We don’t know because the mayor was silent.

Knaack

Vice Mayor Knaack

Last, but certainly not least, was Vice Mayor Knaack’s reaction to the resignation of City Attorney Craig Tindall. Paul Giblin, in an Arizona Republic article, reported that Knaack said she had no warning of the impending action and was surprised. She felt Tindall was doing a good job and she was blind–sided by the mayor’s action. Giblin goes on to confirm what I had surmised – that this council is split right down the middle, 3 to 3. Look for polite warfare between Knaack-Sherwood-Martinez vs. Alvarez-Hugh-Chavira with Weiers playing both sides against one another to his delighted advantage.

Weiers Auction

Courtesy@pjbreenphoto

By the way, the mayor at the end of the evening auctioned off Coyotes items. Wonder what they sold for? Let’s hope this does not portend the future of the team in Glendale!

For political junkies such as myself the mayor’s speech sent signals reverberating throughout Glendale. My advice is hang on. It looks like it’s going to be a bumpy ride!

 

 

 

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