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Joyce Clark Unfiltered

For "the rest of the story"

Caitlin McGlade, a reporter for the Arizona Republic, has a story on June 4, 2014 regarding a debt that IceArizona allegedly owes to the PR firm of Rose+Moser+Allyn (RMA). Here is the link: http://www.azcentral.com/story/news/local/glendale/2014/06/03/coyotes-owner-sued-deal/9942991/ . The PR firm has filed suit in Maricopa County Superior Court,”arguing that the team stiffed them on nearly a quarter of a million dollars.”

It seems that in August of 2013 after IceArizona had successfully secured the $15 million annual management arena contract from Glendale, it wanted to forestall any type of Coyotes referendum effort that would lead to an election on the issue. IceArizona hired RMA and promised to pay a base fee of $25,000, provide two front row tickets to eight hockey games per season and pay $250,000 over five years as a sponsorship fee to the Scottsdale Polo Championships (an event owned by the PR firm). It appears that the IceArizona check for the base fee of $25,000 bounced. It also appears that IceArizona is not disputing the facts of the deal but rather is claiming that there was a caveat that the polo sponsorship was supposed to bring value to IceArizona and it has not done so. That appears to be the basis of their reasoning for reneging on the $250,000 sponsorship fee.

What is interesting is that this deal was a “handshake” deal agreed to by all parties verbally and in email exchanges. Don’t you think RMA’s first clue that there might be problems with IceArizona would have been the bounced $25,000 check?

Didn’t RMA realize that IceArizona’s modus operandi appeared to be reliance upon everyone else’s money but their own? After all, the IceArizona owners put comparatively little of their own money up to buy the team. Instead they took out huge loans from Fortress Investment Group and the National Hockey League. IceArizona is in debt up to its eyeballs and the interest on that debt is being covered by Glendale every year in the form of the $15 million payment for arena management. Glendale has been directed by IceArizona to send the money directly to its lenders.

This suit promises to be fascinating but ugly. Rose+Moser+Allyn is a smart and saavy PR firm that has the capability to do a lot of damage to IceArizona’s reputation (such as it is). You would think IceArizona would settle out of court. If that happens RMA would be well advised to get a Cashier’s check or better still, cash.

© Joyce Clark, 2014

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.

This is always a difficult subject because of all of the facts and figures that are presented. The numbers can be confusing to those readers who have not followed my other blogs on the monthly reports. Here is a link to the report:http://www.glendaleaz.com/finance/documents/FY14MonthlyArenaReport-20140430.pdf . Here is the report itself:

April 2014 MonthlyArenaReport 

This monthly report publicly released by Glendale will reflect the last of the hockey games for this season but does not capture the supplemental ticket surcharge which is due and payable 60 days after each fiscal year. The new fiscal year begins July 1, 2014 so this line item would not be paid to the city or reflected in this report until September 1, 2014.

The Interest Income-Escrow Account still sits at $4,620 and has not been updated since the first monthly report.

The agreement revenues to the city to date total $4,686,412 and reflect a prorated 11 month fiscal year begun on August 5, 2013. The total city expenditures to date are $10,252,055. In this first year all figures are prorated. The total management fee the city will pay is $13,750,000 and total capital improvement expenditures are $450,685.   The report reflects a loss to the city, to date, of $5,565,643.

For purposes of discussion let’s include as revenue the supplemental ticket surcharge. It comes in at $774,452. Let’s add that amount to the total qualified ticket revenue received by the city; and new ticket revenue figure is $2,323,357. The total management fee of $13,750,000 and capital expenditure requirement of $450,685 paid by the city this fiscal year is a total of $14,200,685. Subtract revenues received from fees paid and the loss to the City of Glendale in this fiscal year is the grand total of $11,877,328.

Consider this. Next fiscal year even if all 17,700 tickets per hockey game were qualified tickets the maximum amount the city would receive is $2,537,000 in qualified ticket revenue. For this exercise, let’s add to that figure another $1,268,500 in supplemental ticket surcharge. Add an additional million dollars more in parking revenues to the nearly $1 million generated this year and the maximum revenue 42/43 hockey games per season can generate is approximately $6 million.  

Global Spectrum and IceArizona would have to have approximately 100 revenue generating non-hockey events in order to earn an additional $9 million annually to be paid to the city to offset the $15,000,000 the city must pay as an annual management fee to IceArizona. They will be fortunate to host 25 non-hockey revenue generating events next year.

Some folks dismiss the $6 million portion of the annual management fee because it was already budgeted. It’s not to be dismissed because it’s in the budget. The money still comes from General Fund sales tax revenue. It still counts. It is still money the city has to receive from sales tax revenue to pay all required arena expenditures. 

I added the Supplemental Ticket surcharge to the total revenues to be received by the city. Even with that “enhanced revenue,” the fact remains that this year the city’s loss is $11.8 million dollars. There is no more money forthcoming to the city from any magical or secret source.

For purposes of this exercise, here is how this year and the next 4 fiscal years worth of loss to the city may very well pencil out. For this exercise I reduce the annual loss by an estimated $2 million a year by increasing revenue to the city by an equal amount annually:

  • This year, FY 13-14           loss of $11.8 million
  • Next year, FY 14-15          loss of $  9.8 million
  • Year 3, FY 15-16               loss of $  7.8 million
  • Year 4, FY 16-17               loss of $  5.8 million
  • Year 5, FY 17-18               loss of $  3.8 million
  • 5 Fiscal Years                   Total loss of $39 million

Add to the $39 million deficit in earned revenues approximately $12 million a year in construction bond debt for a total of $60 million. In five years I estimate the city will pay $99 million dollars between paying annual construction debt and covering annual revenue losses generated by the management fee.

My disclaimer is that these estimates are my best, educated guess based upon the numbers that are publicly available. The actual loss number for five years could be higher or lower than estimated.

What is ironic about this IceArizona contract is that the “enhanced revenues” (with the exception of naming rights and the supplemental ticket surcharge) are not really new revenue. Before IceArizona and the NHL’s two years of management, the city paid no annual management fee…none…nada. Yet it collected the very same revenues — a ticket surcharge and a parking surcharge. They were included in the price of every ticket. Those revenues: sales tax earned inside the arena and the ticket/parking surcharges were used to pay down the construction bond debt because the city didn’t have to also pay a management fee.

With this new deal the management fee consumes all of ticket/parking surcharge revenues (in addition to the other revenues like naming rights) the city was already getting and leaves the city struggling to cover some portion of the $15 million deficit every year. Oh, and don’t forget, IceArizona takes $20,000 off the top of parking fees for every game. That comes to $860,000 this year.

Another irony is that when IceArizona took over, it didn’t subtract the existent ticket and parking surcharges that were historically already included in the price of the ticket. Those charges were absorbed and became part of the base price of the new IceArizona tickets to which they added the new, qualified ticket surcharge. In essence, every fan’s ticket now includes the old ticket and parking surcharges within the base price and the new IceArizona ticket surcharge is then added.

The management agreement was and is good for IceArizona but it’s not so good for Glendale. Earned revenues once applied to the construction bond debt are now used to cover the $15 million annual management fee. Those earned revenues simply are not adequate to cover the management fee.

The argument for keeping the Coyotes as an anchor tenant was to benefit all of the surrounding businesses in Westgate. With the totality of Glendale’s excessive debt burden the question must be, is it worth it to keep the team and struggle to pay the annual management fee? Or is Glendale better off going back to accepting one of the Beacon bids solicited last year? You decide.

© Joyce Clark,

2014 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.

Caitlin McGlade had a story in the Arizona Republic of May 28, 2014 entitled Glendale to collect less than projected on Coyotes Accord. I found the spin by stakeholders fascinating. For instance, Monty Jones, of Global Spectrum and general manager of the arena, had the following to say about the non-hockey events booked into the arena this year, “it had a successful year.” Wow. They set the bar so low that no one can see it. Seven non-hockey, revenue earning events is embarrassing when the anticipated number of non-hockey, revenue producing events was in the 20’s. Jones went on to say, “The company hopes to book more events next year.” I hope to win the Pulitzer Prize next year but it isn’t going to happen. So far, it’s not looking so good for Mr. Jones, et.al., with 5 non-hockey, revenue producing events booked in the arena for next year.

Parking revenues continue to be a problem for IceArizona and the city with cheaper parking available at the Cardinals’ stadium and another 3,000 free spaces throughout Westgate. Who would have guessed? After all the ink on the management agreement was barely dry when  the Cardinals announced that they would undercut the Coyotes parking charge and the Westgate manager announced that there would be no change in their policy of keeping spaces free during hockey games.

The article went on to say Councilmember Sherwood’s solution was, “that the city consider blocking off a road to make it more difficult to access those lots (stadium lots) during arena events. Councilmember Martinez seemed to think it’s an idea worth considering and said of blocking access, “(it) probably crossed most of our minds.” Those minds would be the four councilmembers who voted for the arena management agreement: Sherwood, Knaack, Martinez and Chavira.

Sherwood’s cock-a-mammy idea of using governmental authority to directly impact a private business in competition with the city is akin to asking for a law suit. What are they thinking? Are they thinking?

© Joyce Clark, 2014

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.

This is the last blog in a six part series about Glendale’s debt. In previous blogs we explored the different kinds of debt, how those debts are paid and the purposes for which each debt was created. Some debt such as Enterprise Fund debt, Highway User Revenue Fund (HURF) debt, Transportation debt and a portion of the General Obligation (G.O.) debt are reasonable debt. A portion of the G.O debt could be characterized as imprudent and unnecessary debt. The Municipal Property Corporation debt, in hindsight, is unnecessary debt created to fulfill the commonly held vision of former Mayor Scruggs and former City Manager Beasley.  

The purpose of this exercise is to manage Glendale’s debt by paying it down or eliminating portions of it. Very simply the city’s expenses are greater than its revenues. The result has been to strip the city bare and reduce services to its residents (such as reduced library days and hours) because the debt is absorbing revenues that could be used for other purposes. When a mistake is made it is better to accept accountability, rectify it and move on. A city is required to do the same.  

A simple example might be that you decide you want a new car. You don’t need a new car. The old one is fine but you have decided you must have a new car. You buy a Tesla (extravagantly expensive) just because you want it. However, to make the payments you cut back on food, utility expenses and other necessities. You end up eating beans and rice every day, live without air conditioning and stop using doctors but, by God, you have the car of your dreams. You may be comfortable with your decision but the rest of your family may not be so happy especially if they are not allowed to weigh in on its purchase. One day your child is ill and the family learns that you stopped making medical insurance payments. If it is a decision that affects only you, fine, but it’s not right to obfuscate when that decision affects others without their buy-in. In Glendale’s case it is the residents of the city many of whom are not fine with past decisions that incurred tremendous debt and have resulted in a diminishment of their services.  

Before I go too much further I wanted to share a newspaper clipping that I received. A scant 11 years ago this is what the Arizona Republic reported about Glendale’s finances:  Gl finances 3

By September of 2003, former City Manager Dr. Martin Vanacour had resigned (that’s a whole ‘nuther story) and Ed Beasley had been appointed by City Council. Make no mistake, Fiscal Year 2003 was Vanacour’s budget and Beasley never attributed its success to Dr. Vanacour’s management.

I hope Dr. Vanacour will not take offense if I refer to him as Marty. I respected and admired Marty a great deal. He was and still is, highly respected by his peers. Marty was an excellent city manager and was also fiscally conservative. I genuinely liked Marty. He was approachable and respected confidences. Sometimes he reminded me of a Buddha or sphinx as he would sit stoically, listening to my latest series of questions, comments or rants. 

There were a few, alas an important few, who wanted new management. They wanted someone who would lead Glendale into becoming the “new” Glendale acknowledged by all as THE Sports and Entertainment city. That someone chosen to be the new City Manager was Ed Beasley. Between 2003 and 2009, on former Mayor Scruggs’ and former City Manager Beasley’s watch all of the current MPC debt was incurred.  

The MPC debt is killing Glendale financially. This debt is paid out of Glendale’s General Fund because MPC debt is paid from sales taxes. Sales tax monies are received and accounted for within the General Fund. It should be the prime imperative for the city council to reduce or remove MPC debt by any means possible as quickly as possible. The elimination of MPC debt frees up General Fund money for other purposes such as restoration of library hours or other basic services Glendale provides to its residents.  

What does Glendale do now? It must use a combination of strategies that will bring Glendale’s expenses in line with its revenues eliminating the need to extend the temporary sales tax increase beyond its 2017 sunset date.  

STRATEGY #1: Implementation of the sale of Glendale’s assets. I am pleased to see that Glendale staff has finally drawn up such a list and presented it to council at the workshop on May 20, 2014. Staff acknowledged that they omitted the two city owned golf courses: Desert Mirage and Glen Lakes and that they belong on the list. Here is a link to Glendale’s current assets: http://www.glendaleaz.com/Clerk/agendasandminutes/Workshops/Agendas/052014-W02.pdf.

Executive Director of Finance, Tom Duensing, said recently, “Selling city property is just ‘one-time money’.” I beg to differ. Not in all cases. If a city facility’s O&M is being subsidized by General Fund revenues or if it still has construction debt then the city gains in two ways. It brings in much needed one-time cash that can be used to pay down or off the construction debt but it also eliminates an on-going General Fund expense.

A case in point is the Civic Center.   The Civic Center was built as Pay-As-You-Go with cash from the General Fund. It has no construction debt. Did you know that since it opened the city has subsidized its operation and maintenance in some form or fashion? There was even aCivic Center period of years when all city departments were required to hold all of their events at the Civic Center. It was a way to subsidize the Civic Center without being readily transparent since department event expenses are a line item in a department’s budget and there is no explanation regarding those payments.  

No matter what is suggested as an asset to be sold someone’s ox will be gored. There are so many stakeholders each supports a different city asset. It will be a painful experience for everyone. However, there’s either a will to finally fix this problem or not.  

What should be sold? My list will be different from yours. I welcome all comments to this blog that argue for or against the sale of a particular asset. My list would include, but not be limited Jobingto, in the downtown area, the Civic Center, the downtown parking garage, the Bank of America building, the Sine building, the Thunderbird Lounge property, the Civic Center Annex, the St. Vincent De Paul property and the city court property. In north Glendale, I would sell the Foothills Recreation & Aquatic Center. In west Glendale the city should sell Jobing.com Arena, the Media Center and Parking garage, and the Convention Center. If a legal way can be found to sell Camelback Ranch, that would be on the list as well.  

STRATEGY #2:  No employee raises until the General Fund has enough of a surplus to accommodate it. The current City Manager Brenda Fischer has complained that there is a 17% turnover rate of employees in Glendale but she never compared that figure to other Valley cities. In this economy people are thankful to have a job and we should know what vacancies currently exist, how many people apply and how long does it take to fill a vacancy? In other words, more information than the public has received to date. In police and fire there are always tons of people who apply.  

STRATEGY #3: While we are on the subject of vacancies, it should be standard practice to eliminate all unfilled vacancies each budget cycle. This is an accounting trick that has been used for years. It has always been a fist-fight to get staff to remove unfilled vacancies once and for all.  

STRATEGY #4:  All departments would be required to live within their annual budget appropriation, with no exceptions. No more fire department requests for additional money to cover overtime. Council should require (not request yet another study that goes nowhere) the fire department to move immediately to implement 3 man staffing on trucks and to implement the use of small, 2 man vehicles to answer medical calls.  

STRATEGY #5:   No carry-over requests from year to year with one exception. A project currently under construction but not completed within the year should be allowed carry-over to complete the project. If it is a project not yet begun it should have to compete for the appropriation the next fiscal year.  

STRATEGY #6:  Each department’s “Professional & Contractual Expense” must only be used for specific essential expenses. Only a specialty’s required licensing and organization membership should be permitted. The city’s payment for publications should be eliminated. The city’s policy on car allowances and cell phone use should be reviewed and the usage monitored carefully monthly.  

STRATEGY #7:  Council’s will to live within its means must be implemented as well. A majority of council possesses the prevalent attitude that it can approve new expenses and somehow the staff will find a way to cover them.

This is a time in Glendale’s history that calls for austerity. Austerity begins with the policy makers. If they cannot demonstrate their willingness to practice what they preach it sends the wrong signal to the entire organization. Signals emanate from Glendale regularly and are usually just as clearly understood as the white smoke that signals the choosing of a new Roman Catholic Pope. One clear signal that we all have seen is that Glendale will not stop spending. It makes one think of the people who declares bankruptcy but not before maxing out every credit card they possess. They “get their stuff” and use it before the court steps in to stop them. Sadly the creditors end up getting mere pennies on the dollar when that inevitable day comes careening down the tracks. I hear warning sirens in the distance…  

© Joyce Clark,

2014  

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.  

 

The major categories of debt that Glendale carries have been identified in the bdu-4-pocket-khaki-tan-jacket-100-ripstop-cotton[1]previous 4 blogs. How the revenues are spent has also been explored.  The next question is…was the issuance of all Glendale debt prudent and necessary?

The issuance of Enterprise Fund debt, Highway User Revenue Fund (HURF) debt and Transportation debt has historically been reasonable and prudent. The debt associated with these three funds are for the “bricks and mortar” of the city. They fund projects for the construction of new infrastructure as Glendale grew and for the repair and maintenance of all city infrastructures. They were used on projects as diverse as new water treatment facilities to new traffic lights to Northern Parkway.

There is one form of debt that I have not covered previously and that is the Interfund Loan debt. The General Fund borrowed from the Water/Sewer, Landfill, Sanitation, Technology Replacement and Vehicle Replacement Funds to cover two annual $25 million management fee payments to the National Hockey League (NHL) for Jobing.com Arena during Fiscal Years 2011 and 2012. The first $25 million annual fee payment in 2011 came from the General Fund’s Contingency Fund and no Enterprise Funds were used.

The second $25 million annual fee payment in 2012 came from loans from the above mentioned funds with the lion’s share of $20 million borrowed from the Water/Sewer Enterprise Fund. We know from Ordinance 1451 that, “The sanitation fund shall be a separate and protected fund, to be used for no other purpose than expenses associated with sanitation services.” The other Enterprise Fund Ordinances carry the same caveat.

There are some who have heart burn over the concept of the city having borrowed money from these funds. What they fail to recognize is that over many years, General Fund dollars were used to support these funds by carrying some of the Enterprise Fund employees or by not receiving full compensation for the support functions performed by General Fund employees. Historically, over the years, the Enterprise Funds have been supported financially in some form or fashion by the General Fund. Under those circumstances borrowing from the Enterprise Funds is not as egregious as some think it to be. Here is just one example of the financial interrelationship between the General Fund and the Enterprise Funds occurring on January 8, 2013, This is a request for City Council to waive reading beyond the title and adopt an ordinance approving an operating cash transfer from the General Fund (GF) to the Water/Sewer Enterprise Fund; and the transfer of 3.5 Full Time Employees (FTEs), and the associated appropriation authority, from the Water/Sewer Enterprise Fund to the GF, both of which are within the Financial Services Department.”

The debt issuance decisions associated with the General Obligation (G.O.) bonds and the Municipal Property Corporation (MPC) bonds have not always been prudent or even necessary. As has been stated previously some of the council decisions were political. In the G.O. bond category just two examples are: the accelerated advancement of the Foothills Recreation & Aquatic Center which was politically motivated; as was the Capital Improvement Program (CIP) number 1 placement of the Public Safety & Training Facility (PSTF). The PSTF was funded with a combination of G.O. debt and MPC debt.

Was the need for either of these facilities critical? No. Those that get everything in north Glendale wanted more and in this case it was their own recreation and aquatic center so that they wouldn’t have to travel down “there.” The number of resident-owned swimming pools in north Glendale and especially the Cholla district is astronomical compared to any other region of Glendale. It’s ironic that this facility has become regional serving the interests of Peoria and Phoenix residents. Councilmember Martinez would be quick to point out that the facility earned revenues that just about cover the annual O&M facility costs but those revenues do not cover the debt issued to pay for its construction. That’s being paid off by every property owner in Glendale with their secondary property tax.

Was the need for a Public Safety Training Facility (PSTF) critical? Again, the answer is No. To this day new police recruits go to a regional police academy such as the Arizona Law Enforcement Training Academy (ALETA) for initial training. The PSTF is used by Glendale police for advanced training only, another function whose needs can be met elsewhere. The Glendale fire department just had to have this facility even though they have always been able to obtain training slots for new recruits at the regional facilities in Phoenix and Mesa. Training slots had never been an issue. Suddenly the dearth of slots became the rationale for Glendale’s very own training facility.

Lastly we arrive at the MPC Bond debt. Were the projects funded by MPC debt critical and necessary? The answer is No.  Decisions regarding MPC expenditures were often political. Former Mayor Scruggs always went ballistic when she heard references to Glendale as the town of “hicks and sticks, plows and cows.” She and former City Manager Ed Beasley shared a vision. Their vision was that Glendale would become an equal of the well known Valley cities who had developed a niche and a city brand for themselves. Tempe is known as a college town. Scottsdale has always been the “west’s most western town.” Chandler and Gilbert were becoming the technology towns. Glendale wanted to be the sports town.

The former mayor often had majority council support from Councilmembers Eggleston, Martinez, Frate and Goulet. All wanted Glendale to be a member of the “big boys’ club” that included cities like Phoenix, Scottsdale and Tempe. All had cache and Glendale had none. The road to acceptance meant Glendale’s branding as a sports and entertainment mecca and accepting the cost associated with making that a reality. As major developments appeared and wanted costly incentives to locate in and around the Westgate area, more and more MPC debt was issued.

Glendale has issued more MPC debt than it can sustain for such projects as Jobing.com Arena, Camelback Ranch, the Regional Public Safety Training Facility, Zanjero infrastructure and the Westgate parking garage, media center & convention center. All…very “big ticket” projects. These projects are the albatrosses hanging from Glendale’s neck.

The final blog in this series will explore any possible solutions to paying down or eliminating the MPC debt. Can it be done? Yes but it requires the will to do so.

© Joyce Clark, 2014

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.

The Glendale Monthly Arena Report for March, 2014 is now online at the city website. Here is the link: http://www.glendaleaz.com/finance/documents/FY14MonthlyArenaReport-20140331.pdf . It tracks similarly to the previous reports with qualified ticket sales (of 14,061) being up slightly. April’s report will have the figures from the last 5 games. That report, also, will look quite similar. Here is the March Report: Mo Arena Report Mar 2014

I have also prepared a Summary of the last 7 months’ worth of financial information. Here it is: Mo Arena Report Summary May 2014_Page_1Mo Arena Report Summary May 2014_Page_2Take aways from the Summary show that all “enhanced revenues”, and I included the Supplemental Qualified Ticket Surcharge of $1.50 per ticket, to date have totaled $3,641,547. The city’s expenditures to date total $6,502,055.

Note that some items are prorated. The Agreement start date was August 5, 2013. It is one month and 4 days shy of a full fiscal year. As a result, the Base Rent for the first year is not $500,000 but rather $326,712. The Safety & Security Fee is not $174,122 for the first year but rather $156.948. The big one is the Management Fee the city pays of $15 million a year. The first year it is $13,750,00.

The extreme right column labeled “FY Est.” is an educated guess, based upon 7 months of fiscal performance to date, of the final numbers for the Fiscal Year. I have relied upon publicly available figures. The Fiscal Year estimated revenues to the city are $5,523,000 and the expenditures are $14,200,68.

The city has $6 million budgeted leaving it with a deficit for the year of $8,677,685. Add to that figure an annual construction debt payment of about $12 million a year. This year’s loss on the arena will come in somewhere around the $20 million mark.

The city’s Contingency Fund sits at zero as it was used to pay a portion of the management fee. If there is an immediate crisis the city will have to reapportion some regular line item amount to cover it. I’m sorry but I don’t see how the new senior management has done any better at managing the city’s money than the old regime. No matter what, the current situation is…Unsustainable.

© Joyce Clark, 2014

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.

From the second I posted my last blog on the topic of the most recent Glendale Monthly Arena Management Report I have been inundated with Facebook private messages, emails and Twitter DMs asking so many questions I’ve decided to answer many of them here and now.

I’ve been asked how the Ice AZ deal is different than the Jamison deal I supported. Why was that more beneficial and why did I support it? I received a flurry of offended IceArizona supporters demanding I announce why Jamison’s deal failed, why I “pick,” “target,” “harass” the new owners. I am not at liberty to discuss why the Jamison deal did not succeed due to confidentiality issues. I can, however, compare the two deals – Jamison’s and IceArizona’s. My only agenda throughout the entire process was to get what would be, in my opinion, the best deal possible for Glendale within the context of the financial environment as it existed at that time. Each deal had its strengths and weaknesses vis a vis Glendale.

 Then there’s the “interested-in-Glendale” crowd who want to know why I continually berate the new Council and is it because I’m running again in the future? Again, I categorically state that I will not run for any office, now or in the future. I have seen some councilmembers who remained well into their 80’s. One could see the diminishment in their faculties and abilities. It is a disservice to the constituents they represent. Instead I appreciate the gift I have been given to opine on Glendale issues and events using the benefit of my 16 years of service to the city. I am enjoying my retirement immensely and writing about Glendale is just plain fun.

Some asked, did I think individual councilmembers or the mayor personally benefit from deals? Then there are the few accusations of “I bet you benefitted just like these lousy politicians” implying that somehow I would financially benefit from a successful Jamison deal. Jamison never, ever made any offer of compensation of any sort and if he had it would have resulted in personal insult at the thought and would have insured my “no” vote on his bid.

Now…for the rest of the story as Paul Harvey would say…Let’s begin with the unsuccessful Jamison bid.  In page citations references with regard to the Jamison bid are the City Council Voting Meeting Presentation of November 27, 2012 or the Substantial Final Draft of the Arena Management Agreement dated October, 2012.

  • It was a long-term deal of 20 years with a 5 year option to renew with no opt out clause by either party (Council meeting of November, 2012).
  • Base rent was in years 1 to 5, $500,000; years 6 to 12, $650,000; and years 13 to 22, $800,000; (Final Substantial Draft of Arena Management Agreement, page 24, Section 6. Leasehold Interest. 6.6. Base Rent).
  • Stipulation if full 40+ games were not played it would be arena manager’s responsibility to book other events to compensate for lost games (Arena Management Agreement, page 29, Section 8. Arena Management. 8.1.0).
  • Minimum of 40 games per year with additional 30 events per year. Management fee reduced by $25,000 for each non-hockey event below 30 minimum. Reduction of $60,000 per game below 40 minimum (Council meeting of November, 2012).
  • Parking Rights belonged to team owner/manager (page 30, Section 8.2).
  • Stipulation of 15% of the gross from naming rights would go to the city (page 35, Section 8.5).
  • City surcharge on qualified tickets was years 1 to 5, $2.75; and years 6 to 22, $3.00 (page 51, Section 9. Charges and Fees. 9.1. City Surcharge).
  • Arena Management Fee: In year 1, $11M; year 2, $14M; years 3 to 4, $15M; year 5, $16M; years 6 to 10, $18M; and year 11, $17M; years 12 to 15, $16m; year 16, $14M; and years 17 to 20, $13M (Council meeting of November, 2012).
  • Stipulation of 5 year option to purchase the arena (page 89, Section 23. Arena Purchase Option).
  • City offered a bonus incentive of $500,000 for every additional 20 events over 30 minimum required (Council meeting of November, 2012).

Was it a perfect deal? Of course not but I supported it for several reasons. Mr. Jamison continually demonstrated his willingness to compromise during the negotiations with the city. Every nuance of the Jamison deal was highly publicized.  There was no backroom negotiating amongst councilmembers.

A restructured arena management fee was crafted and the first year fee dropped from $17M to $11M. Penalties and bonuses were added — something not seen in any previous deals. The Five Year Scenario presented at the November, 2012 council meeting showed an ending City Fund Balance in 2017 of $63.2M if the team stayed and an ending Fund Balance in 2017 of $63.4M if the team left. The difference was negligible and seemed reasonable as both scenarios required General Fund expense reductions.

It was a deal that offered the city arena stability over 20 years and most importantly, there was an option to buy the arena in the first five years making the balance of the deal a moot point while relieving the city of further financial obligations. The “buy” option in the first five years would have removed the financial debt burden the city was facing at that time. Jamison provided a long term contractual commitment insuring an anchor tenant in the arena for 20 years. His deal was based upon having raised the necessary team purchase equity – no loans were involved.

Why didn’t it happen? Many of the reasons are not public and I am not at liberty to speak of them but I do know that at the eleventh hour the NHL demanded greater team purchase equity. Jamison was raising cash to purchase the team rather than relying upon loans. It was simply impossible to raise in two months the additional equity that the NHL suddenly required before the city’s imposed deadline of January 31, 2013. The originally requested equity amount had been raised but the new, last minute NHL demand was a deal killer. Why the sudden and unexpected requirement of more purchase equity? One would have to ask the NHL officers and they are not talking.

Now, let’s look at the IceArizona deal. Since it was the successful bid and of recent vintage, many of the deal points are already familiar to you. The IceArizona citations used are from the Professional Management Services and Arena Lease Agreement of June 28, 2013. The council approved the agreement on August 5, 2013.

  • The agreement is subject to an early termination right after 5 years (page 3, Arena Lease Agreement, Section 1. Statement of Intent. 1.1.1.)
  • Revenues to be received by the city include surcharge of $3 on qualified hockey tickets; a $5 surcharge on non-hockey qualified tickets; and a supplemental surcharge of $1.50 on every qualified ticket; parking revenues of $10 per vehicle for hockey events and $11.33 per vehicle for non-hockey events less $20,000.00 per event to the team owner; 20% of the sale of naming rights (page 4. Section 1. Statement of Intent. 1.1.5. a through j).
  • Arena Management Withdrawal grants the right of agreement default if there is an arena manager dissolution, bankruptcy or insolvency (page 7, Definitions. 1.2. a through e).
  • Definition of qualified ticket with a distribution limit of 1,000 per event (page 16. Section 1.)
  • Annual rent is in years 1 to 5, $500,000; years 6 to 12, $650,000; years 13 to 15, $800,000 (page 25. Section 6. Leasehold Interest. 6.6.1 to 6.6.3)
  • Penalty of $150,000 per hockey game less than the 40 games per year. There is no penalty for non-hockey events or any minimum of non-hockey events required (page 31. Section 8. Arena Management. 8.3. Event Requirements. 8.3.1. b and c).
  • Qualified hockey ticket surcharge based on attendance of less than 15,000 is $3 per ticket; 15,000 to 15,999 is $3.25 per ticket; 16,000 to 17,000 is $3.50 per ticket; more than 17,000 is $3.75. All non hockey events will be $3 per ticket regardless of attendance figures (page 49. Section 9. Charges and Fees. 9.1.2 a and b).
  • Supplemental ticket surcharge of $1.50 per qualified ticket imposed (page 49. Section 9. Charges and Fees. 9.1.3).
  • City receives 20% of arena naming rights (page 35. Section 8. Arena Management. 8.6.4.b.ii).

Is this a perfect deal? Of course not but it is one that is far more difficult to support. I cannot speak as to whether there was a spirit of compromise as I was not directly involved with the prospective team purchasers. There appeared to be “back room” negotiating amongst councilmembers in the search for the elusive 4th vote.  

Obviously there was no compromise on the annual management fee of $15M. There couldn’t be compromise because the team purchase relied heavily on loans from the Fortress Group and the NHL rather than on raising a large amount of purchase equity. I find it ironic that the NHL killed the Jamison deal by requesting even greater purchase equity than he has already acquired and now it is stuck with granting an $80M loan to the new owners. The $15M that the city pays for arena management is passed through by the team owners as interest payments on their loans. They quite simply must have that $15M for interest payments.

On the face of it the IceArizona deal speaks to a long-term commitment but that is not necessarily the case. There is an opt out clause after 5 years and that is extremely disturbing. It has been highly publicized that the opt-out trigger is losses aggregately of $50 million. Anyone who is under the assumption that the team owners will not suffer loss is dreaming. Business 101 classes teach that any new business venture can routinely expect losses in the first 2 to 3 years. The question becomes how much will the owners lose and how quickly will it reach the target of $50 million? Even though the city has and will exercise its right to audit at the end of every fiscal year that information will not be publicly available. P&L statements are usually proprietary. The public will not know until if and when the team owners choose to exercise their opt-out provision.

 The city could go through another exercise of crafting an agreement with another new owner but more likely, the team would be sold or relocated. There is also an Arena Manager Withdrawal clause that provides a default opportunity for sale or relocation.

Keep in mind in BOTH deals there are very few new revenue streams to the city. The city had been, in years previous, collecting all sales tax generated within and outside the arena. That is not new money. It also had been collecting a ticket surcharge on all events. That is not new money. These revenues were already going into the city’s General Fund and specifically used to pay the arena construction debt. In the IceArizona deal the revenues flow to the General Fund as well but there is no specific dedication of those revenues to fulfill the city’s arena debt obligations and may be used for any purpose.

In the Jamison deal the only new money was 15% of the revenue from naming rights. In the IceArizona deal the only new money is 20% of naming rights, the supplemental ticket surcharge and parking revenue. None of these revenues are predicted by the city’s Executive Finance Director as being substantial enough to recompense the annual $15M management fee.

In my judgment the better deal was the Jamison deal. He offered a long-term commitment to stay in Glendale with no opt out clause and an opportunity to buy the arena in the first five years. It would have relieved the city of the financial obligations of the arena. Not so with the IceArizona contract. While their advertising states, “Here to stay” there is always that pesky 5 year opt out clause lurking.

Because of the Jamison group’s purchase equity position there was flexibility in pegging the annual management fee to accommodate the city’s needs at the time. Make no mistake. Each deal placed a tremendous annual financial burden upon the city. Coupled with the Jamison deal staff recommended city expense reductions and instituted other strategies such as restructuring city debt that would have offset that burden.  With the IceArizona deal there is too much reliance upon promised revenues that may or may not be realized.  With so little owner equity, their reliance upon large loans and the 5 year opt out clause I wouldn’t take a bet about their future. Would you?

 I am sure that in expressing my POV on the two deals I will raise a great deal of protestation along with, “your facts are flawed” or “you have no faith” or “once again you have delivered an IceArizona hate piece.” There is no doubt that the subject is divisive and highly polarizing. Please remember that my conclusions are based upon publicly available information. It is my best attempt to share my reasoning regarding the many questions received. My initial vote to accept the Jamison deal while still on council resulted in leaving the door open for consideration of other bids resulting in IceArizona’s success. I have never been anti-Coyotes. I have always been pro-Glendale. My prism has always been the best interests of Glendale. It is fair to question whether accepting the IceArizona deal the best choice for Glendale. You decide.

© Joyce Clark, 2014

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The Glendale Monthly Arena Report for February, 2014 is now available. The $3 qualified ticket surcharge for hockey events is reported by IceArizona at $163,082. Divide that number by the $3 ticket surcharge and the qualified ticket attendance for the month is 54,360. The number of hockey events for the month was 4. Divide the 54,360 by 4 and the average qualified ticket attendance per game is 13,590. The publicly announced attendance figures are higher. If a game was sold out at 17,750 that means that approximately 4,000 tickets would be non-qualified, either comped or sold at a discounted price and the city does not receive the surcharge.

IceArizona, by comping and selling discounted tickets, is not generating the revenue it needs. Publicly they have announced that some of the games are the highest revenue generators to date. True enough but if they had sold more qualified tickets their bottom line would be stronger. How long before its losses reach the $50 million figure? Five years? Three years?

Let’s look at the non-hockey events. There were two in the month of February. The qualified ticket surcharge reported by IceArizona to the city is $59,884. Divide that figure by $5 per qualified ticket for a qualified ticket attendance of 11,976. Divide that figure by the 2 non-hockey events and there was an average of 5,988 of qualified ticket attendance per event. Again, the publicly announced attendance figures were higher but again, the balance of the tickets were either comped or sold at a discount, making them non-qualified ticket sales.

Parking figures are only reported by quarters of the year so the next parking revenue statement will be available at the end of April, 2014. The city continues to show a total loss of slightly over $3 million to date.

As has been reported, council budgeted $6 million in this Fiscal Year toward the payment of the $15 million annual management fee. The council meeting of March 25, 2014 will have council voting to transfer $6,680,160 from its Contingency account to cover the balance of the arena management fee due this year. The total management fee for this year is $13,551,370. It is not the full $15 million because the management deal did not become effective until August, 2013. The lower management fee for this year reflects the proration starting date in August. The city pays out $13.5 million and receives $3.2 million in “enhanced revenues” (that includes sales tax inside the arena) to date.  It looks like the city’s arena loss to date is about $10 million. This figure will drop with the reporting of revenues from the games played in March and April. Hopefully there will be some playoff game revenue as well. It is estimated that the city’s loss for the year will be in the $7 million range. Couple that with the $12 million annual arena construction debt payment. It isn’t a pretty picture, is it?

© Joyce Clark, 2014

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.

Today I received via snail mail an 8 1/2” X 11” mailer from the Arizona Free Enterprise Organization. Below are pictures of the front and back sides of the mailer.

AZ Free Enterprise and Chavira Mar 21 2014 jpg_Page_1AZ Free Enterprise and Chavira Mar 21 2014 jpg_Page_2

Presumably it was mailed to all registered voters in the Yucca district of Glendale. That is the district Councilmember Chavira represents. It also is the district that is home to Jobing.com Arena and the proposed Tohono O’odham casino, two perpetually hot topics. They sent a similar mailing on Councilmember Sherwood of the Sahuaro district. While councilmembers Martinez and Knaack are retiring and will not run again, Sherwood is up for reelection in 2016. This is the majority coalition these days.

Although Chavira does not stand for reelection until 2016 it looks like he is going to have a tough time politically for the next two years. It couldn’t happen to a nicer fella. Let’s hope he’s a one term councilmember. Chavira voted in favor of the arena management deal that requires the city to pay $15 million dollars annually. He also supports raising Glendale’s property tax rate by 2% and removing the sunset provision that would have ended the temporary sales tax increase in 2017. His decisions demonstrate that he is comfortable with raising taxes or keeping them high to satisfy the monetary needs of Jobing.com Arena at taxpayer expense. All of this from a guy who ran a campaign with considerable financial support from the fire unions and Councilmember Alvarez. I bet she’s biting nails because she supported him. To date he has not supported her on any major issue she espouses. He ran promising fiscal responsibility. That promise didn’t last long.

I really didn’t know anything about the Arizona Free Enterprise Club (AFEC) until I googled them.  I did know that they had joined with Arizona Secretary of State Ken Bennett in a suit about campaign funding. It went all the way to the Supreme Court which ruled in AFEC’s favor. Here’s the link if you are interested: http://www.azfree.org/ . They describe themselves as, “The Arizona Free Enterprise Club was founded in 2005 as a free market, pro-growth advocacy group dedicated to Arizona issues and politics.  Our mission is to promote policies and candidates that encourage economic prosperity and limited government for all businesses and taxpayers.  The Club is a 501(C)(4) and is not affiliated with any other group or organization.”

Stay tuned. It looks like the next several years are going to be very interesting in Glendale politically.

© Joyce Clark, 2014

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.

As promised here is the rest of the story on the city council workshops held on March 18, 2014. The morning session was devoted to money – the budget, the medical benefits plan and an increase in fire staffing.

The General Fund budget discussion yielded some important gems of information. Staff, for the first time ever, used zero-based budgeting. It is a methodology for which I advocated for years. It’s about time.  There will be $15.5 million in expenditure reductions and revenue enhancements. Most of the reductions are of the smoke and mirror variety and reflect internal movement of monies. The only exception is that all departments will make cuts totaling $4.75 million. The lion’s share of those departmental cuts is the result of eliminating unfilled, vacant positions. This is a strategy that has been used before reluctantly.

When council got to departmental budget cuts Councilmembers Martinez and Knaack again asked the rest of council to return a portion of their council budgets to the General Fund as a signal that they were willing to absorb some of the same pain other departments were enduring. Vice Mayor Knaack again expressed her concern and displeasure about Councilmembers Alvarez’ and Hugh’s practice of giving the lion’s share of their council budgets to non-profits. Once again, Alvarez dug in her tiny toes and said she would give up nothing.

The big budget take away is this: Glendale residents will experience a 2% increase in their property tax rates and the temporary sales tax increase will now become permanent. For one reason only. As Tom Duensing, Executive Director of Finance said, “The level of contractual obligations (Jobing.com Arena and Camelback Ranch Ballpark) is unique to Glendale.” If not for these two major debt burdens, “Glendale’s financial picture would look very different.” He went on to say according to the major rating agencies a city’s debt burden should be under 10% and most are in the 8% range. Glendale’s debt service burden is in the 25% to 28% range. Translating it means that the reason your taxes are increasing or in the case of the temporary sales tax increase remaining, is because of the debt created by Jobing.com Arena and Camelback Ranch Ballpark. That has been the elephant in the room that no one wanted to acknowledge. Glendale staff finally has done so. When will your councilmembers finally admit that these two city-owned properties are the reason?

How did the council fall on this issue? Councilmembers Martinez, Knaack, Chavira and Sherwood (a majority) gave approval and direction to remove the sunset provision from the temporary sales tax increase thereby making it permanent and to increase Glendale’s portion of your property taxes by 2%. Councilmembers Alvarez and Hugh wanted the sales tax issue to go before Glendale voters and silently gave approval to the property tax increase. Mayor Weiers wanted an additional week to confer with major stakeholders in Glendale. He didn’t get it but we can presume that he supports the majority council action taken. The next budget workshops are scheduled for April 8 and April 10, 2014.

One perplexing comment made by Mr. Duensing was that WITHOUT the temporary sales tax increase the ending fund balance is ONLY a positive 10% in 2017. If this is correct, One would think a positive fund balance of 10% seems to negate the need to make the temporary sales tax permanent.

Another issue taken up was the medical benefits plan. Retirees can expect another substantial increase to their monthly medical insurance payments while current employees will see no increase. Jim Brown, Executive Director of Human Resources (weren’t they getting rid of “Executive Director” titles??), said there would be no increase to current employees but retirees are an unfunded liability causing the increase in their premiums.

The last issue was an increase in fire staffing of 15 fire fighters as a result of a SAFER grant. As with a COPS grant there is a sliding scale and the SAFER grant will cover the first two years of fire fighter salaries. After that, the city will absorb the costs. Chief Burdick said that with the addition of 15 fire fighter positions there should be a savings of an estimated $400,000 in overtime pay. Let’s hold him to his word.

Lesson learned is that taxes are remaining or increasing because of the debt burden created by the city-owned Jobing.com Arena and Camelback Ranch Ballpark. Are they worth it to Glendale residents?

© Joyce Clark, 2014

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.