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Joyce Clark Unfiltered

For "the rest of the story"

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

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

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

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

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

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

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

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

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

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

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

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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

Dear John letter

Posted by Joyce Clark on July 4, 2015
Posted in BlogsCity issue and actionsCity of Glendale  | Tagged With: , , | 5 Comments

Merged

I rarely receive email criticism for something I have said in my blog. Usually criticisms come in the form of comments to my current blog post for all to see.  When I have received an email of this kind I do not respond to the content but instead thank the writer, delete and do not accept any future emails from that sender. This time, I decided to share the email I received and my response. Here’s a peek inside my world.

Subject:           your latest rant

Date:               7/3/2015 1:30:05 P.M. US Mountain Standard Time

From:              johnglenn

To:                  clarkjv@aol.com

Joyce,

I probably shouldn’t dignify your latest blog with a response, however I do feel compelled to point out a few things.

When your campaign, in 2012, was floundering and you were being railroaded by just about everybody else around town it was George, Bea, Darren, Larry et al that stepped up and supported you and gave hundreds of hours trying to help right the ship that was your sinking re-election campaign. They knocked hundreds and hundreds of doors, others help you put out your own mail pieces, stuffed envelopes and even make calls to prospective voters. They all did this at a time when no one else was helping you, not even yourself. I recall times when some of them would go out hitting doors and you were in your living room watching Cardinals football. I know for a fact that Bea & George’s business took a back seat to all the doings the summer / fall of 2012 including your campaign. Bea even was tailed by a nefarious individual that they can only guess was associated with your opponent. 

Everyone made these sacrifices, YES because of the hockey team but also they believed in you and that you were fighting for the best possible outcome for the city when faced with some bleak choices. The ship was sinking in Glendale and all your colleagues were getting off the boat; however you choose to stay on the boat and the group probably felt that was admirable. 

I just think you stepped way over a line by throwing them under the bus today and demonstrated a lack of class, I can’t help but think karma will come back on you somehow…maybe it already has… 

I can’t even surmise what your motivations were other than you’re desperate to stay relevant, at least that’s what it looks like from my vantage point. 

I’m sure your decades of public service has been beneficial to the City of Glendale, but to go out like this in such a classless manner probably taints all the good you have done for the city. 

You have successfully made me lose faith in the basic human dignity because each and every one of those people that you threw under the bus deserve your basic respect as they worked their asses off for you.  
John Glenn

My response:

John,

I’ll first observe that your subject title is tremendously prejudiced. It implies that you consider all of my blogs to be “rants.” Then you proceed to write your own “rant.”

Let me point out that insults are not facts. George, Bea, and others, quite simply used me to access Greg Jamison at a time when he appeared to be the ultimate purchaser of the team. It was quid pro quo. They used me and I used them. Most involved were happy to champion me because I was in line at the time with the others voting to keep the Coyotes but they knew nothing of what I stood for or believed in. You used me while helping my opponent.

It was a difficult election cycle as my knee was bad and my doc forbid me from walking door to door. Many helped with that for qualifying signatures. As soon as the referendum action began the only persons who helped me were Dawn and Darren. I am eternally grateful for their help.

No one made “sacrifices.” Everyone had a motive. Each motive was different. In many cases, it was to be an “insider” after the Jamison deal was consummated. I remember Dawn relating to me that she had questioned you (as an active insider in the Democrat party) the day we met. She asked you  about all the lies Alvarez and Chavira and the Democratic party were using against me and you replied, “that’s just politics.” I think your email to me is also your idea of politics.

You excoriate me for “crossing a line” so I assume you have taken the Coyotes group to task for their behavior too; those who regularly insult me, call me a raving lunatic and suggest they wish some kind of harm befall me, as you did in your comment about Karma – simply because of a disagreement of thought. My first and ultimate allegiance is to Glendale and keeping it a viable and vibrant community.

You are a very good Democrat, John. You know the strategy to malign and insult, call names and make outrageous statements like, “karma may have already gotten you” but perhaps not good enough to avoid being classless. Your obvious lack of respect for a female and one old enough to be your mother highlights you weren’t paying attention when your mother taught you manners.

Since this blog began the excoriation I’ve received because I have a different opinion has perplexed me. If people do not like what I am saying in my blog it’s really quite simple. They can acknowledge that I have changed my position; they don’t like it and are no longer going to read or follow me.

Larry Feiner’s and Bea Wyatt’s credibility as spokespersons for the current recall effort is a legitimate question for public consideration in the light of their own financial dealings. They willingly placed themselves there just as I have repeatedly done, and must now suffer the attention that comes with it.

Now, in the words of those you defend in calling me a “bitter, distraught woman,” you believe I have destroyed “your faith in human dignity.” I’m stunned that with your obvious lack of respect, you have bestowed me with the power to do something so dramatic. What a shame you laid that on me when you have so many other people from which to choose.  

Joyce

© Joyce Clark, 2015

FAIR USE NOTICE

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

Merged

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

© Joyce Clark, 2015

FAIR USE NOTICE

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

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

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

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

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

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

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

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

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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

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

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

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

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

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

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

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

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

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

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

Requirements of all participating agencies include:

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 175 days since the city’s pledge to build the West Branch Library.

Sometimes Glendale city council meetings can only be described as mind boggling and l-o-n-g. The June 23, 2015 meeting was nearly 5 hours in length. Here is the link: http://glendale-az.granicus.com/MediaPlayer.php?view_id=2&clip_id=2305 .

Public comment has once again has been placed at the front of the meeting. There were many citizen speakers that night. To a man/woman all spoke in support of the four city councilmembers who may face recall: Councilmembers Aldama, Hugh, Tolmachoff and Turner. Some of the speakers were notable and recounted below. 

It’s important to note there are two, distinctly separate recall efforts occurring in Glendale. One is the recall election of Councilmember Gary Sherwood with that election already scheduled for November 3, 2015 in the Sahuaro district only. The reasons for his recall are unrelated to the recent vote to cancel the Coyotes contract and are best summed up by the Recall Councilman Gary Sherwood Committee at this link: http://www.stopsherwood.com/index.html .

The most recent media reports of recalls center around the councilmembers who voted to cancel the arena lease management agreement with IceArizona, owners of the Coyotes. It’s a totally different situation and the two recall actions should not be confused or lumped together. Very recent recall packets have been taken out on 2 of the councilmembers thus far, Councilmember Tolmachoff and Councilmember Turner. The petition packets have not been turned into the city as the group has just begun its effort and have until October 7, 2015 to turn in recall petition signatures. Glendale First is the sponsoring organization cited on these two political committee filings. Larry Feiner, a Glendale resident of the Cholla district, is one of Glendale First’s spokespersons and he is also involved in Desert Hockey Development with Bea Wyatt and George Fallar. Mr. Feiner and Ms. Wyatt seem to be the two main spokespersons for this latest series of recalls. Even though the sponsoring organization is Glendale First, Glendale residents and hockey fans residing within specific districts filed the organizational political committee paperwork. In this case, Bill and Jennifer Eikost, residents of the Glendale Cholla district, filed as a political committee and pulled the recall packet on Tolmachoff. Ben Shroyer and Paul Miller, residents of the Sahuaro district, did the same on Turner. Make no mistake. These folks are integral members of an avid Coyote fan base and have been involved with Glendale First since its inception.

Glendale First, led by Bea Wyatt and George Fallar of Cave Creek, is angry because in a majority vote of 5 to 2 this council voted to cancel the annual $15M lease management contract with the Coyotes. It raises the possibility of the team’s possible relocation elsewhere after all litigation is resolved. Obviously Glendale First dare not use as its sole reason for recall its anger with this council vote when a recent poll showed that over 50% of Glendale’s residents support the council’s action. So they have manufactured another reason. Their smoke screen reason is that council did not reduce the amount of money going into the city’s unappropriated fund balance (rainy day fund). They contend the money should be used for public safety immediately.

By public safety let’s call it what it is…the fire union. Fire wants more money and lots of it. They point to slow emergency response times but fail to mention two very important facts: 1. The Glendale Fire Department is accredited and meets that accreditation agency’s standards for response times, and 2. Call volume has increased due to the Valley’s Automatic Aid system. Quite simply Glendale fire responds to more calls in neighboring cities such as Peoria and Phoenix than the number of times those cities respond to calls in Glendale. Automatic Aid is placing a strain on the Glendale Fire Department and is partially responsible for the unavailability of Glendale fire units to respond to its own residents in a timely manner.

One of the citizen speakers of note was Gary Hirsch, a Glendale resident and former candidate for city council. With regard to the possible 4 councilmember recall he referred to a special interest group, Glendale First, as the sponsoring organization of the effort but the majority of his remarks were directed to the issue of the first original recall effort against Councilmember

Gary Hirsch Glendale resident

Gary Hirsch
Glendale resident

Gary Sherwood. He said, “There are times that the official conduct of the councilmembers has proven to be so egregious that recall is not only appropriate but is necessary to restore honest representation. As a result the recall Gary Sherwood election has been approved and scheduled to take place on November 3rd, 2015.” He ended with this remark, “Always watch your wallet around Councilmember Sherwood.”Another speaker of note during the public comment period was Justin Harris. His remarks are below verbatim and were directed at the most recent issue of a second set of recalls of 2 (or 4) councilmembers sponsored by Glendale First:

“My name is Justin Harris. I am president of the Glendale Law Enforcement Association and co-chair of the Glendale Police Officer Coalition. I’m here tonight speaking on behalf of my members as well as Julie Pendergast. She could not be here tonight. She had personal matters to attend to. (Note: Julie Pendergast is president of the Glendale chapter of the Fraternal Order of Police and co-chair of the Glendale Police Officer Coalition).

“I find myself in an awkward position. Typically, we don’t come out speaking to the council regarding some of the events that have taken place. But I felt compelled to after some recent media events and some misinformation and misrepresentation of the facts that members of

Glendale First have shared with the public both in the paper and in the media. Recently I learned of the recall petitions that were pulled against Bart Turner. That was filed by Lawrence Feiner. The recall petition against Lauren Tolmachoff was pulled by Bill Eikost and Jennifer Eikost. I’m assuming they are husband and wife.

“What concerned me the most was part of the petition and the way it was worded. If they’ve got issues with what some of the councilmembers did regarding the Coyotes that’s their deal. But what I don’t appreciate is Glendale First coming in, misrepresenting facts saying that the mayor and certain councilmembers do not support public safety. In their filing they say that

Justin Harris President Glendale Law Enforcement Association

Justin Harris
President
Glendale Law Enforcement Association

you guys have diverted money earmarked for public safety and you placed that into a rainy day fund which has increased emergency response times. I’m not sure where they got their information but they sure didn’t come talk to me or my co-chair Julie Pendergast. Interesting enough, both Lawrence and Jennifer are listed as guests with Glendale First on a roster that attended a hockey game April 26th, 2013, at the Glendale arena in the city suite and the host of that event was Gary Sherwood – Councilmember Sherwood. (Please note: I, too, was in that suite on that date).

“Bea Wyatt, also with Glendale First, I listened to a radio talk show interview that she did on Friday, June 19th. She was talking about pulling recall petitions possibly on you, mayor and the other four councilmembers because they were not supportive of public safety. But then her comments bled into the Coyotes team. I don’t know why she was on sports radio talking about Councilmembers Turner and Tolmachoff not supporting public safety. I couldn’t tie the two together. Interesting enough the five councilmembers that voted to not renew the contract are the same councilmembers that this Glendale First is trying to attack and misrepresent facts about not supporting public safety.

“I’m here to tell the public today as being the person who represents the line level men and women who wear the badge. Mayor Weiers, Vice Mayor Hugh, Councilmember Tolmachoff, Councilmember Aldama, Councilmember Turner, you do support public safety. You made the tough decisions. There was a period of time prior to Proposition 457 when our members were giving concessions. We were understaffed to the tune of ten million dollars – understaffed, overworked. Our men and women went out there and did the job we took an oath to do. Meanwhile the city was forking over twenty five million dollars a year to a hockey team. Doesn’t make sense to me.

“So at this time I wanted to thank you Mayor, Vice Mayor Hugh, Councilmember Tolmachoff, Councilmember Aldama, Councilmember Turner for your unwavering support in making a very tough decision, finding the courage it takes to insure that you’re doing the right thing, not only for your constituents but also for your police department, the men and women who put our lives on the line every day to protect the public. Thank you for protecting us. I also wanted to thank each of you for upholding the state law and at least having the courage to have that law looked into to find out if there was in fact a conflict of interest at the time that the deal was done. It takes a lot of courage. You don’t see that too often. So, again, thank you.

“I’ve been sitting back like a lion in the tall grass, just waiting, watching and analyzing as these events have unfolded. But now I have come out to protect my members and to protect the city from a special interest groups that doesn’t care about public safety and they want to use public safety as a reason why they’re pulling this recall – or part of the reason they’re pulling this recall.

“I want each of you to be aware and the public to not support the recall against Councilmember Tolmachoff and Councilmember Turner because it’s misrepresentation of the facts. It’s half truths and they are flat out lies. We know that you are protecting public safety. We appreciate your service to the community and the commitment to your police department. Thank you.”

There were 86 items on that night’s agenda but the one that caused extraordinary public participation was Item # 83 Rezoning (ZON) application Zon 15-03 (ordinance): Palm Canyon Business Park Planned Area Development – 17750 N. 83rd Avenue – the Becker Billboard issue – again. A presentation was made by Mark Becker with the same arguments as when he was previously denied by this council. He added a few paid experts to speak about how innocuous billboards are.

There was one speaker, Glendale resident Connie Keiser, who nicely summed up the feelings of all of the citizenry that came out to speak against the billboards. She said, “Hello. I am Connie Keiser. I live in Glendale. I live in the Sahuaro district and I am impacted by these billboards. First off, I live in Hidden Manor and we were there long before Glendale because you annexed us. We are the subdivision directly north of Arrowhead Towne Center. We are the closest residential subdivision to those billboards.

“Digital billboards are the junk mail of the freeways. No one wants to be looking at a huge TV on a stick that distracts drivers and throws huge amounts of light into neighboring homes and

Connie Keiser Glendale resident

Connie Keiser
Glendale resident

the night sky. That’s the reason Scottsdale and Paradise Valley will not allow billboards. They consider them to be junk.

“Why does Mark Becker keep beating this dead horse? I am sorry that people made a bad, bad investment in that property. When they bought that land they had the mistaken belief that they could fly in under the radar and could get billboards approved before we knew what hit us. Not in our neighborhoods. You can’t, Mr. Becker. You woke several sleeping giants and not only in Glendale but in Peoria. You did not expect us to come together as a community like we have.

Mr. Becker had been told ‘no’ over and over again but he hasn’t caught on yet. Now I have, if you’ll remember in his little presentation that he used, ‘Scenic America’ is one example. But he forgot to tell you about the ‘drop down’ on billboards which I happened to point out today. And I’m just going to quote several little things they say (Scenic America) about billboards.

“‘Billboards endanger health and safety. While the industry would like you to think billboards are harmless, their negative effects on health and safety have been well documented. Billboards hamper economic growth. Billboards make a few people a lot of money. Unfortunately, however, they do serious economic harm to communities. Nature of the billboard industry – the billboard industry likes to proclaim its small, local nature.’ We heard Mr. Becker talk about how he’s just a small, local company. ‘When a state or local government considers enacting tougher billboard controls industry lawyers and lobbyists appear at hearings and speak long and loudly about how the government is threatening another small business with extinction.’ The reality, however, is quite different.

“We don’t need these billboards. I’ve been here, I think I told Planning and Zoning I got notified by Social Security I have a life expectancy of 20 years and I will keep coming back for those 20 years to fight this horrible, horrible idea. Please tell him ‘no’ unanimously just like Planning and Zoning has done. Thank you.”

After Becker’s presentation and the public hearing it was council’s turn and a theater of the absurd ensued. Mayor Weiers asked City Attorney Bailey and it was confirmed the order of proceeding would be amendments to the motion would be considered and voted upon first. That action would be followed by a consideration and a vote upon the applicant’s zoning request with any new amendments that council would have just approved.

Well, it didn’t go that way at all. Councilmember Chavira asked to make his motion first. Instead of offering the amendments only and exclusively, Sammy’s motion included approval of the applicant’s zoning request along with his self crafted 4 amendments. Aldama seconded the motion with amendments. The instruction for action that had just been outlined so carefully went completely out the window. It appears that Sammy is not always the brightest bulb in the pack.

Mayor Weiers asked if there were copies of the newly offered Chavira amendments available. City staff did not have any copies but immediately Mark Becker popped up and passed out copies of the Chavira amendments to staff for distribution to council. Wait, you ask, why does Mark Becker have copies of the Chavira amendments but city staff and the rest of council do not? Immediately the question comes to mind – who really wrote those amendments?

Councilmember Tolmachoff must have had the same thought for she asked who prepared the amendments – Mark Becker or Councilmember Chavira? Councilmember Chavira responded by saying it was his motion and he came up with the amendments that very same day. Why did he make sure Mark Becker got copies yet didn’t distribute them to staff and city council for their advance consideration prior to the meeting that evening? It makes no sense.

All of the councilmembers with the exception of Councilmember Sherwood and Vice Mayor Hugh commented prior to their votes. The most disturbing commentary to the anti-billboard people in attendance were the remarks made by Councilmember Turner. It seemed as if he was about to vote in favor of the billboard application and a majority of the audience was visibly shaken for it appeared as if he would become the fourth and majority vote granting the Becker billboard application. He said that the applicant’s request was similar to the billboards that had been approved for the Westgate area and since the Loop 101/Bell Road corridor was similar in commercial nature to the Westgate area it should be considered similarly in that context.

Mayor Weiers asked the city attorney again if Chavira’s motion including the amendments was valid. Mr. Bailey indicated it was a valid motion and recited for clarification what the motion included. Mayor Weiers proceeded with a roll call vote typically done in alphabetical order of councilmember surnames. Councilmember Aldama and Councilmember Chavira voted in favor of the billboard application. Councilmember Sherwood passed. Never, ever in my 16 years as a councilmember had any councilmember ever passed on a vote. Why did Sherwood do it? Why on this night? Think about it. Two councilmembers had voted in favor. Sherwood knew he could vote in favor as well but he needed to know what Councilmember Turner’s vote was before he voted for or against. If Turner voted in favor Sherwood would be the fourth and majority vote for passage of the billboard application. So he passed, waiting to hear what Turner’s vote would be. Councilmember Tolmachoff and Vice Mayor Hugh voted against the billboard application.

The vote was 2-2 and it was Turner’s turn. There was a moment of hesitation and then he voted against the billboard application. Weiers passed and went back to Sherwood for his vote. Sherwood voted against the billboard application and why not? He knew the motion was defeated and by flip flopping once again and voting against the billboards it might provide him some cover for his recall election. The last vote was cast by Mayor Weiers against the billboard application with the result being a 5-2 vote with only Aldama and Chavira supporting the request. Do you suppose they were blindsided by their buddy Sherwood? Do you think they will trust his word from now on?

City council vacates the month of July and will return to regular order in August. Many schedule vacations during July but they may find themselves called back to town to participate in depositions regarding the Coyote litigation. Glendale residents need a break from the ongoing political shenanigans too.

© Joyce Clark, 2015

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It has been 17 years and 174 days since the city’s pledge to build the West Branch Library.

Andre Anderson Courtesy CBS 5 News

Andre Anderson, Courtesy of CBS 5 News

Andre Anderson, a Glendale police department commander, may soon be heading to Ferguson, Missouri to join Ferguson’s new Interim City Manager Ed Beasley. He would become Interim Police Chief at the request of Beasley.

This is not the first time Anderson has sought the job of Police Chief. In February of 2013 he was one of two finalists for the position in Casa Grande, Arizona. Here is the link: http://www.trivalleycentral.com/casa_grande_dispatch/area_news/city-cuts-police-chief-fieldto/article_d157e5ea-80f1-11e2-8cda-001a4bcf887a.html .

To say that both face challenges would be an understatement. While the racial makeup of the town is 67% black only 3 police officers (6%) serving the city are black. The racial imbalance is stark. Here is the link: http://www.politifact.com/punditfact/statements/2014/aug/17/andrea-mitchell/ferguson-police-department-has-50-white-officers-t/ .  If Anderson joins his pal, Beasley, both will have to exhibit a level of sensitivity and maturity that neither may possess. Are they up to the task of restoring confidence among the officers who serve and protect that community?

Ferguson’s police department has been investigated by the U.S. Department of Justice that resulted in a long list of changes to be made. These changes will be costly. There are also a plethora of lawsuits to be settled. Ferguson’s 2015 annual budget issued in July, 2014 is $20,238,000 with a General Fund budget of $13,518,250. Here is the link: http://www.fergusoncity.com/DocumentCenter/View/1701 .

In the past Fiscal Year of 2014-15 the city’s Fund Balance dropped by $4,086,700 from approximately $15M to $11M. What will their Fiscal Year 2015-16 budget look like (beginning in July of 2015) in the light of the riots that occurred earlier this year? I suspect the city is insured to a certain extent. Some costs will be covered but it appears that new revenue streams will be needed. Let’s hope Beasley has learned his lesson and will not “rob Peter to pay Paul” as he did in Glendale to cover the annual $25M in extortion required by the NHL to keep the Coyotes in Glendale.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 173 days since the city’s pledge to build the West Branch Library.

Another blog milestone: 250,000 reads of my blog. My thanks to everyone who has taken the time to follow me. It is appreciated.

Ed Beasley, Courtesy City of Glendale

Ed Beasley, Courtesy City of Glendale

On June 9, 2015, the St. Louis Post Dispatch ran a story by Stephen Deere announcing that Glendale’s former City Manager Ed Beasley has been hired as Interim City Manager for 6 months in Ferguson, Missouri. The first reaction from many in Glendale has been absolute speechlessness followed by a stunned “Wow!” Here is the link:  http://m.stltoday.com/news/local/govt-and-politics/ferguson-about-to-hire-an-interim-city-manager-accused-of/article_399ec201-78c8-5acc-883b-d5ad6b21f718.html?mobile_touch=true .

I didn’t know much about Ferguson demographically although it is nationally known as the recent birthplace of Afro-American civil unrest characterized by the false chant of “Hands up…don’t shoot.” According to the census bureau (here is the link: http://quickfacts.census.gov/qfd/states/29/2923986.html) the comparisons of Ferguson and Glendale are stark:

  • Ferguson has a population of 21,111; Glendale has a population of 230,000.
  • Ferguson’s racial makeup is 67% black and 29% white; Glendale is 67% white and 6% black.
  • The median value of a home in Ferguson is $93,700; Glendale is $144,300.
  • Ferguson’s median household income is $38,685; Glendale’s is $47,474.

Ed Beasley had a long and storied 17 year career with the City of Glendale. He began his tenure in Glendale in 1998 as Assistant City Manager under Former City Manager Dr. Martin Vanacour. In 2002 Elaine Scruggs became the council appointed mayor after Mayor Quentin Tolby resigned. From the start of her tenure as mayor she seemed to butt heads with Vanacour and shortly thereafter he resigned and Beasley was appointed by the city council as the new Glendale City Manager. He served in that capacity for ten years until 2012. At the start of both their tenures in 2002, Scruggs supported Beasley during his DUI trouble. See link: Beasley DPS .   But as time passed, Beasley’s and Scruggs’ relationship became rocky as each vied to become the ultimate power broker in Glendale.  As their working relationship soured over the years she was never able to garner enough council support to have him removed.

Alma Carmicle Courtesy Glendale Star

Alma Carmicle, Courtesy Glendale Star

In 2012 he announced his retirement to city council and left. A year later information would become public that would tarnish his reputation. Beasley ran his administration with an “inner circle” of advisors from within Glendale’s ranks. He apparently was not shy about helping his friends, witness Glendale’s former HR Director Alma Carmicle’s job retention with her $140,000 salary despite her permanent move to

Art Lynch, Courtesy Glendale Star

Art Lynch, Courtesy Glendale Star

Mississippi and former Director of Finance Art Lynch’s overly generous $930,000 three year compensation as a consultant. Rumors also flew about Beasley’s attempt to secure the purchase of the Coyotes for John Kaites and Jerry Reinsdorf after Jerry Moyes declared the Coyotes bankrupt in 2009. See this link: http://www.phoenixnewtimes.com/news/something-smells-in-glendale-did-the-city-steer-the-phoenix-coyotes-franchise-to-an-insider-6430691 . Then there was Beasley’s choice of Andrew Kirkland as chief of police. In less than 5 months after his having been hired he was under investigation and resigned. See this link: http://www.bizjournals.com/phoenix/stories/2005/04/04/daily63.html .

Beasley seemed to surround himself with some seemingly ethically challenged employees. Those employees in upper management unafraid of pointing out that “the emperor had no clothes” soon recognized the futility of doing so and left city employ. It didn’t take them long to figure out the landscape as they became marginalized by Beasley and his friends.

Beasley was golden during Glendale’s run-up to become the sports mecca of the state. He was riding high as he was courted by some of the largest cities in the nation to become their city manager. Although he had left Glendale’s employ it wasn’t soon before a publicly released city audit revealed fiscal mismanagement of the Risk Management Trust Fund and the Workmen’s Compensation Trust Fund – all of which occurred on his watch. He was one of the most highly compensated city managers in the state earning a six figure salary as well as a generous benefit package. In May 2012, Beasley formed his own consulting business, Ed Beasley and Associates LLC. Less than a year later by February 2013, he became vice president of Colliers International Government Solutions division.

Ferguson’s hiring of Beasley as its Interim City Manager follows a steady stream of 3 other city managers in quick succession – in the span of 3 months. His contract amount is $84,500. That’s quite a come down and embarrassing. He had applied with other governmental jurisdictions but his services were declined. Ferguson has its own set of problems, a Department of Justice investigation whose findings demand compliance and a rising number of lawsuits. It’s make or break time for Beasley. Ferguson faces so many challenges. If Beasley demonstrates an inability to solve them his career as a city manager anywhere will die. Those are pretty high stakes for a man seeking rehabilitation. His seeming deal making, his reputed willingness to insure the financial futures of his friends and his questionable approval of irregular financial arrangements may or may not serve Ferguson’s interests well. Ferguson, heed these words, “Alas, poor Yorick, I knew him well.” (Hamlet Act 5 Scene 1). Glendale thought it knew Ed Beasley well.

© Joyce Clark, 2015

FAIR USE NOTICE

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