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Joyce Clark Unfiltered

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On November 9, 2013 I received the following letter from Glendale Mayor Jerry Weiers. The letter and the mailing were underwritten by Keeping the Promise: No Casinos in Neighborhoods. It is a coalition of Indian Tribes opposed to the proposed casino. You may have seen the TV ads this group is running. I’m glad to see that they have stepped up their efforts to educate the public about the negative impacts of a casino in Glendale.  Kudos to Mayor Weiers and Keeping the Promise for clarifying a majority of council’s latest directive. The public should know that Glendale has not capitulated and a majority of council has asked that the impacts of the proposed casino in Glendale be reviewed and that the results be made public.  This fact finding effort does not mean that Glendale supports the Tohono O’odham’s (TO) proposed casino. Over the past 10 months I have offered a great deal of information in refute of the TO’s claims about the positive impacts of a casino in Glendale. If you look through my blog archives you will find at least a dozen casino articles. In support of the Mayor’s and Keeping the Promise’s latest effort, I offer the entire letter for your information:

Dear Fellow Glendale Resident:

The City of Glendale means the world to me. It’s been home to my family for more than 14 years and I’m proud to serve you as your Mayor. I believe you elected me for one very simple reason: To do what’s right for our City. To me, doing what’s right for Glendale means acting without regard for politics or popularity and always keeping focused on our City’s economic well-being, the safety of our residents and the future of our children and families.

That’s why I oppose the off-reservation casino proposal put forward by the Tohono O’odham Nation.

The Nation’s proposal – to build a massive casino at 91st Avenue and Northern – is an issue I have been studying and dealing with since the Tribe unveiled its plan back in 2009. Then, I was in the Arizona Legislature, where I sponsored legislation meant to hold the Nation accountable to the gaming compacts approved by Arizona’s Tribes and voters back in 2002. Today, as your Mayor, I continue to receive input on this issue from neighbors and stakeholders that gives me pause about the impact of this Casino on our City.

What concerns me?

I fear that Tohono O’odham Nation’s revenue and job projection, which have been exposed as wildly optimistic by a number of analyses, will fall far short of reality, creating an unsuccessful “while elephant” that siphons off police, fire and other resources from a City that is already struggling to meet our public safety and infrastructure needs.

Just as importantly, I worry about the impact of the Casino and its accompanying resort and restaurants on the surrounding small businesses in  the area. Dollars spent on gambling or entertainment on the newly christened reservation generate no tax revenue for Glendale – and will inevitably come at the expense of Glendale businesses that have worked hard to make a go of it during a fierce economic downturn.

My other concern has to do with the Tribe itself – an entity that bought its land in secret and did nothing to inform or partner with the City on the Casino until after it was unveiled. In the years since, the Tribe has fought Glendale at every turn, costing our City more than $3 million in legal fees and thousands of man-hours as we have sought to protect our residents and businesses from the encroachment of a Casino located near schools, day care facilities, churches and homes.

Recently, you may have heard that the City Council has agreed to open a dialogue with the Nation. Let me be clear on the aim of this exchange of information. It does not represent support of the Tribe’s project. Instead, it’s a fact-finding conversation, one meant to ascertain the potential benefits and harms that come with having a casino on sovereign land located in this City we all call home. I see this conversation as a positive, since it will bring to the table all concerned for a settling of the facts – which have been sorely lacking during the years of hype and hyperbole.

Rest assured, I will report back to you as the facts come out, to let you know the truth about this controversial project.

In your service,

Jerry Weiers

Mayor, City of Glendale

© Joyce Clark, 2013

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As a councilmember one of the many skills I picked up quite quickly was Zoning and its methods, practices, implications and effects. Quite a few years ago, about 8 or 9 years ago, Jake Long and the Long’s attorney, Jim Miller, met with me as the councilmember representing the Yucca district. The Long family owns a substantial piece of property (384 acres) between 83rd Avenue and 91st Avenue, Grand Canal Linear Park south to Camelback Road. They shared their proposed development plan for that land. I can’t remember all of it but what did stick in my head was their desire to plant apartments directly south of the Grand Canal Linear Park. I made it clear that I would not support their plan and they went away — until now. Now that I am no longer representing the district their assumption must be that the atmosphere is more conducive to granting their zoning requests. I hope not as it would the lower property values and the quality of life of many residents of West Glendale.

I had long ago signed up with the city Planning Department’s “Interested Parties” notification list. Because I am on that list on November 8, 2013 I received a letter from Earl, Curley and LeGarde, P.C., attorneys representing the Long Trust on its latest zoning applications. Like a bad penny, the same zoning requests presented to me many years ago by the Long family (this time with disastrous modifications) has turned up once again.

The city’s General Plan for this parcel of 384 acres currently designates zoning of 2.5 to 3.5 homes to the acre and a limited amount of Commercial. That current designation yields 960 homes on the low end to 1344 homes on the high end. There are no multifamily residential (apartments) allowed.

These Long Family Trust zoning applications do not contain specificity for the entire parcel. They do state what they plan for 64 of the 384 acres: 27 acres of 5 to 8 dwelling units to the acre which yields a low of 135 units and a high of 216 units; 26 acres of 12 to 20 dwelling units to the acres which yields a low of 240 units and a high of 520 units; and 11 acres of planned Commercial. So we know from the proposal that there could be a low of 375 apartment units to a high of 736 units on 64 acres or 16% of the entire 384 acres. It is not clear where this 64 acre portion is located. South of the Grand Canal Linear Park? North of Camelback Road? Who knows? They’re not sayin’. They call this a Minor General Plan Amendment. Maybe it’s minor to them but it certainly is not minor to the thousands of Glendale residents who live in West Glendale and who do not want more apartments in the area…not 375 or 736 of them.

Their second application seeks to change the zoning designations of the entire 384 acres from R1-8 PRD (single family homes with a minimum lot size of 8,000 square feet; Commercial Office and General Commercial (remember there are no apartment units on the current zoning designations) to a PAD which is a Planned Area Development. Sounds Ok but it isn’t. A PAD grants generalities of a certain amount of acreage as single family density, multifamily density and commercial but allows the developer flexibility as to where these elements are placed. The Planning Department would approve the PAD through a Design Review Process but you and I would not know the particulars or what has been approved. Once the PAD zoning is approved we are excluded from the process.

The applicant is seeking an average of 4.63 dwelling units per acre on the 384 acres for a total of 1,777 units. Their projected population is 4,700 residents. I suspect that is a low ball figure. This proposal is far denser than any other subdivision in the nearby area.  Why seek that kind of density? When land is sold for development the price per acre is dependent on the zoning (and density) allowed on the land. The greater the entitled density the more expensive the land becomes and the more money the land owner makes. As a hypothetical, if the land were zoned for 3 homes per acre it might sell for $10,000 an acre. If the land were zoned for 20 units to the acre it might sell for $100,000 an acre. I am not opposed to the land owner making a profit when his land is sold but I am opposed to granting inappropriate densities that do harm to existent neighborhoods. That is exactly what the high densities that the applicant is seeking will do. The city has an obligation to protect existent neighborhoods and their quality of life and property values.

Interestingly enough, guess when the public meeting is scheduled? How about the Monday before Thanksgiving – you know that time of year when many people leave town to visit friends and family for the Thanksgiving holidays. Do you think this schedule was deliberate, designed to ensure that not many attend the public meeting? I do. By the way, the public meeting is:

Monday, November 25, 2013

6 PM

At Desert Mirage Elementary School Cafeteria

8605 W. Maryland Avenue

We need butts in seats for this meeting. We need to send a message, loud and clear that we do not support the applicant’s plans that directly affect our area. We also have petitions that you can circulate in your neighborhood. You do not have to be a registered voter to sign (these are not political petitions) and multiple persons from the same household may sign the petition. Email me at clarkjv@aol.com and I will email a petition to you. All petitions must be returned no later than Saturday, November 23, 2013.

Why is this a lousy plan for a great area in Glendale? Let me count the ways.

  1. There are many developments surrounding Westgate that have already been approved by the city (they are “entitled”). If I remember correctly those approved developments will yield another 4,000 apartment units. I am going to check with the Planning Department to corroborate this figure from my memory.
  2. North of Cabelas and in Westgate there are already nearly 2,000 apartment units combined. The Westgate units were approved as condos but when the economy went south they were redesignated and auctioned off – some for as little as $79,000 a unit. One of the multifamily complexes north of Cabelas was built as condo units and today they are apartments.
  3. The existing apartments plus the future apartments will allow for 6,000 units in West Glendale.  When is enough, enough? Now. It’s time to hold the line.
  4. Planting small homes (attached and detached) on small lots and dense apartment units will lower the property values and the quality of life in the surrounding neighborhoods – just to name a few, Camelback Park, Missouri Ranch and Missouri Estates.
  5. The 83rd Avenue corridor from Camelback Rd. to Northern Avenue has historically been the site of most of the large lot properties in West Glendale. There are streets north of Camelback Road like Orange, Montebello and Cavalier that have one acre, irrigated lots. Missouri Ranch and Missouri Estates subdivisions are large lot subdivisions. The Rovey Farm subdivision of 800+ homes was built with the smaller lots of 9,000 square feet on the 91st Avenue side and the large lot, gated communities on the 83rd Avenue side. South of Northern Avenue there is the Bonderosa enclave of large lot properties as well as  gated communities such as Casa de Esueno. The 83rd Avenue corridor is unique and should be preserved as it is the only such corridor in all of West Glendale.

Please send this blog link on to your friends and neighbors. Let them know how important this upcoming public meeting is for all of us. Let’s get butts in seats that night and petitions signed to send a strong signal to the city and the developer that this proposed development is not compatible with the surrounding area. Zoning at any price, especially a price too high to be paid by residents, is not the answer.

© Joyce Clark, 2013

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Recently I received the article below as an email. I had forgotten about it until reminded. I just couldn’t resist offering it to you. Insiders say nothing has changed since this award was presented to Glendale in 2003 by the Arizona Press Club. I do know the former City Manager and the former Mayor wanted publicity about Glendale only to be “good.” Negativism or possible bad press was met with resistance. Information would be slow to come forth under a Freedom of Information request. If a media outlet reported something negative the former Mayor would often call to complain. It seems the “Brick Wall” has become taller over the years.

City receives Brick Wall from Arizona Press Club

By Rebecca I Allen | Posted: Wednesday, April 16, 2003 11:00 pm

The City of Glendale has a new award to display in City Hall, and if officials can not find space for it in the trophy case, they could always use it in the construction of the Cardinals stadium.

The Arizona Press Club awarded a Brick Wall Award to the City of Glendale at the club’s 79th annual awards banquet Saturday.

The highly uncoveted award recognizes the person or public agency that “has done the most to obfuscate, obstruct, distort or otherwise stand in the way of reporting the news.”

Press Club President Dennis Joyce, assistant managing editor at the Arizona Daily Star in Tucson, speaking before a crowd of 277 journalists, said while the category is never short of contestants, the judges were unable to choose between two “richly deserving institutions,” so it took the unusual step of awarding two bricks this year. The second brick went to the City of Chandler.

The Press Club cited Glendale’s onerous public records policy as one reason the fourth-largest city in the state received the award.

Glendale requires reporters to fill out Freedom of Information Act (FOIAs) on the most routine documents despite the 102-year old Arizona Public Records Law: “Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.”

Glendale officials took 31 days to respond to a March 14 request to view 75 days worth of FOIAs and public records requests. Each time The Glendale Star inquired as to the status of viewing the information, the newspaper was told the request was in process.

Julie Frisoni, the City’s communications director, said the delays are because the City is “buried in public records requests.” She said all public records requests travel from the City Clerk’s office, to the department(s) that has the information, back to the City Clerk’s office, then the information is sent to the City Attorney’s office where a stockpile of filled requests wait for release. Public records requests from the media are also copied to Frisoni’s department.

“I understand it’s taking a little longer than the seven-day goal,” Frisoni, a former producer for Channel 12 who joined the City staff in August, said.

Most reporters acknowledge some extensive records requests take more time than others. In the eyes of the Press Club board members, seven business days for every public record request does not comply with “promptly” under Arizona law.

“The custodian of such records shall promptly furnish such copies, printouts or photographs” (ARS 39-121.03).

In December, The Glendale Star requested a copy of a one-page letter, sent from the City engineer to the contractor working on Foothills Park, from an engineering department employee who had the letter in their hand. The employee asked the reporter to put in a public records request with the City Clerk’s office. The reporter complied and it took four working days to have the letter released. Another request, filed March 31, asked for public records regarding the City’s response to complaints from JD Steel workers, a subcontractor of Coyotes Arena builder Perini. After 11 business days the information was made available.

Frisoni said the attorney’s office is taking each request as it comes in, so many requests that are filled and ready to be released linger in the stack until a more comprehensive request is filled. Frisoni said she has offered to help the City Attorney’s staff multi-task the requests.

While some requests lounge in limbo for his sign-off, others meet the white- out brush of City Attorney Rick Flaaen. Flaaen redacts all addresses, phone numbers and email addresses from public records, including sign-in sheets for public meetings and speaker cards filled out by citizens attending City Council meetings.

“People should not have to give up their privacy to participate in government,” Flaaen said.

Dan Barr, an attorney with Brown and Bain and the First Amendment Coalition of Arizona, disagrees and said the City should not remove information voluntarily given by citizens.

Other Valley cities, including Peoria and Phoenix, do not redact that information.

In February, Flaaen said he advised the planning department to redact the addresses and phone numbers of people who attend neighborhood meetings held by developers as part of the City’s required citizen participation plans, and the addresses of Glendale residents who received developers’ notices of those public meetings. So far, the planning department has continued to make these public records available in its planning packets.

The Press Club board also received an email forwarded from a reporter at the Arizona Republic. Frisoni inadvertently copied her instructions for responding to the reporter’s information request, to other public information officers, to the reporter. In the email she wrote:

“I think it’s fine to answer some specific questions ? but for the specifics, he should fill out a specific FOI. I can’t imagine this story will be positive…”

Frisoni told board member Tom Zoellner that she was “shocked” by the award and said “the City of Glendale does not block information of any kind and in fact, hired a former journalist to improve communications with the media.”

© Joyce Clark, 2013

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My goodness! My last two blogs, “Glendale Alert” and “Staying quiet in Glendale” raised a firestorm of emailed comments from past and current employees. Each has a story or an allegation to share but no one to date has been willing or able to offer concrete proof. Each says, “Please keep me out of it” or “Please don’t use my name.” So the allegations will continue to be the stuff of Glendale urban legend until there is verification.

Many have asked for my help by publicly relating the wrong doing that has or is occurring. I cannot help you unless you help me by providing the proof of your allegations.

I am reminded about Pastor Niemöller’s speech delivered on January 6, 1946,

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I wasn’t a Jew.

When they came for me,
there was no one left to speak out.

Surely there are some with a conscience of conviction.  If we didn’t know before we certainly know now that any whistle blowing can be done anonymously. After all, here’s what City Manager Brenda Fischer said before the Personnel Board’s review of Don Bolton’s termination, “Whether it’s going around the management, whether it’s going to the (Attorney General’s) Office anonymously. We had an ethics hotline. They could have anonymously informed the media, put some public pressure on it. They could have written letters to the editor. They could have — if they were uncomfortable being asked to do something inappropriate or illegal — they could have resigned from their employment.”

With those statements she has publicly encouraged each and every Glendale employee to report wrong doing anonymously. Her statement about resignation could be attributable her complete lack of compassion or understanding and might best be viewed as such. Resigning one’s job to make a point is an ultimate and senseless sacrifice.

I am concerned about Glendale future and its financial stability. If there are actions or decisions that are detrimental to Glendale’s welfare or how it operates they should be made public. I have volleyed over the net and it’s in your court now. I can be reached at clarkjv@aol.com . I am willing to report it and to be your voice. Are you willing to tell it and prove it?

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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 reaction to my blog on “Staying quiet in Glendale” hit a nerve with many readers. I received numerous emails from citizens and Glendale employees, past and present. Today’s a good day to round up all the speculative commentary received over the past few months and share.  There were several comments on Glendale’s current environment such as “’Being Quiet in Glendale’ hit the nail on the head!” or ”… not much had changed since Beasley has left….everyone still walking on eggshells and no trust…” Some commenters said the practice of reporting any interaction with councilmembers continues to this day. The general reaction was sympathetic to the four employees that either resigned or were terminated and that Mr. Bolton did not get a fair hearing. Many expressed the sentiment, if it is “so easy to get rid of the ‘good guys’ everyone’s in trouble.”

It also opened up much commentary on other Glendale related issues. Word is out there that we can expect Julie Frisoni’s appointment as Interim Assistant City Manager to become permanent any day.  Many of those commenting pointed out that Frisoni does not meet the minimum necessary qualifications for the position which mandate at least a Masters Degree in Business Administration or Public Administration. Another commenter shared that the very first action by the new City Manager Brenda Fischer was to have a video made about herself by…you guessed it…Julie Frisoni’s department. Several said Jamsheed Mehta is no longer an Interim Assistant City Manager and has been relegated back to his previous duties as Executive Director of Transportation. Hmmm…someone well qualified is shoved to the back of the bus.

Have you ever heard of a “cop card?” Me neither. Apparently it can be used to get out of a speeding ticket in Glendale. Rumor has it that one or two councilmembers could actually possess this “cop card.”

Did you know that City Manager Brenda Fischer’s husband was a firefighter in Henderson, Nevada (he may still hold that position)? Watch for Fischer to recommend making whole firefighters’ overtime pay – not straight time pay but overtime pay. FYI: while the Glendale Police Department has been cut by 16% over the past few years, the fire department’s cuts have come in at considerably less, only 8%.

Lastly, I was sent an article published by the Wall Street Journal on November 1, 2013 entitled Cities revival curbed by red-ink budgets by Jerry A. Dicolo and Cameron McWhirter. It said, in part, “New Orleans was one of five cities among the nation’s largest 250 that in 2012 faced a situation known in municipal finance as a ‘negative fund balance,’ according to data provided to the Wall Street Journal from Merritt Research Services, LLC. The others dealing with the issue, which means at the time the figure was reported, liabilities outweighed assets, were Allentown, PA, Providence, R.I., Glendale, AZ, and Detroit. Data on a few cities weren’t available as of August, 2013, when Merritt collected the information.Credit rating firms consider the metric a sign of a serious structural budget problem. In 2007, before the recession hit, Detroit was the only city with such an imbalance, the figures show. Glendale officials said a new sales tax is expected to generate more revenue and shore up its budget.” The Journal published a graph representing figures from August, 2013 depicting the 10 cities nationally with the lowest reserves (General Fund balance). Here they are in descending order:

  1. Detroit, Mich                     -27%  ( minus reflects negative fund balance to expenditures)
  2. Glendale, Ariz                   -21.2%
  3. Providence, R.I.                –  3.4%
  4. New Orleans, La               –   1.8%
  5. Allentown, Pa                   –  0.90%
  6. Paterson, N.J.                  +  0.07% (plus reflects positive fund balance to expenditures)
  7. New York, N.Y.                 + 0.72%
  8. New Haven, Conn             +   1.7%
  9. Bridgeport, Conn              +   2.4%
  10. Philadelphia, Pa                +   2.7%

In an article by the Arizona Republic dated October 31, 2013 entitled Challenges abound as cities climb out of financial holes by Parker Leavitt. It says, “Glendale’s general-fund reserves fell 143 percent over five years, ending fiscal 2012 with a $26.5 million negative balance, according to financial reports. Payments to the National Hockey League for Phoenix Coyotes operating losses led to significant declines in Glendale’s reserve funds in 2011 and 2012, according to a Moody’s credit report.” Obviously Glendale has significant financial problems. This council continues to spend money the city does not have.

Council has taken actions that were not budgeted in the current Fiscal Year 2013-14 budget: an external audit costing over a half million dollars; the Beacon Request for Proposal for the Arena (never used) costing over $100K; or the biggie, an additional $9M for the arena management fee (that will never be covered in total by the “enhanced revenue fees” promised by IceArizona); or the employee Christmas vacation time costing over $1M dollars. It adds up to approximately another $2M unbudgeted that will have to come from other departments…except for fire, I guess.

In upcoming budget workshops for Fiscal Year 2014-15 council must consider making substantial cuts of approximately $9M and additional cuts of about $5M a year for the next several years. The temporary sales tax increase is due to expire in 2017. There is already talk that the City Manager will recommend that the temporary sales tax increase become permanent. That is not what I, as a former councilmember, or the voters expect. The voter approved proposition mandates that it disappear in 2017 and that is what we demand. Every citizen should be on alert. If you have the time and inclination please watch when city council takes up the budget in March of 2014. I will be watching…will you?

© Joyce Clark, 2013

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As a result of an external audit that cost Glendale in excess of a half million dollars four city personnel either resigned or were terminated. Diane Goke, Budget Director and Sherry Schurhammer, Executive Director of Finance resigned. Horatio Skeete, Assistant City Manager (at the time in question he was a Deputy and Pam Kavanaugh was Assistant City Manager) and Don Bolton, Assistant Financial Officer were terminated by newly hired City Manager Brenda Fischer.

In an Arizona Republic article of October 21, 2013 entitled Appeals board: Staying quiet wasn’t option for ex-Glendale bookkeeper City Manager Brenda Fischer said, “City employees are duty bound to find a way to speak up when warranted.” Here is the link: http://www.azcentral.com/community/glendale/articles/20131018appeals-board-staying-quiet-wasnt-option-for-exglendale-bookkeeper.html . She goes on to say, “Whether it’s going around the management, whether it’s going to the (Attorney General’s) Office anonymously. We had an ethics hotline. They could have anonymously informed the media, put some public pressure on it. They could have written letters to the editor. They could have — if they were uncomfortable being asked to do something inappropriate or illegal — they could have resigned from their employment.” Uh, excuse me but rarely, if ever, are anonymous complaints considered legitimate by the media or Attorney General’s Office and followed up. Since when is a whistle blower required to resign to report wrong doing within the organization?

She must of course be referring to a world peopled by Mother Theresa. Not the real Glendale world as it existed four years ago. There is no such thing as a perfect world, not then and not now – the one that Fischer apparently believes existed at the time. Fischer acted upon her lack of knowledge and her inability to understand a Glendale ruled by City Manager Beasley. She came in as the new City Manager and felt that she needed to make a point.

It was a time of pervasive “Big Brotherism.” If any city personnel had any kind of interaction with a councilmember they were required to report it and its content. Former Councilmember Lieberman’s and my Council Assistant, Perry Baker (now deceased), was terminated because he refused to follow that City Manager directive. It was a time when the atmosphere was heavy with fear and intimidation for all personnel.

 Mr. Skeete and Mr. Bolton graciously shared their submitted correspondence to the city regarding this matter. Mr. Bolton, on page 5 of his correspondence stated, “At this time I would also like to point out that the CM (City Manager) and the executive management team controlled what items were placed on Council agenda’s (sic). The CM and executive management team also performed extensive reviews of all council reports and could slide presentations brought forward by any department. Therefore, all information regarding what to include or not include in any Council presentation had to be reviewed by the CM and executive management team before it could be presented to Council. These CM and executive management team reviews also include multiple ‘dry runs’ where presenters were asked to rehearse their verbal presentations of the content being present to a presenter’s planned ed. It was not uncommon for the CM and executive management team to request modifications verbal and/or slide presentations or the council reports.”

That comment leads to a question long unanswered. Why were these four people targeted exclusively? We know part of the answer. Beasley, Kavanaugh, Tindall, Lynch and Carmicle had left the employ of the city. But other executive management team members stayed and are still there to this day. On page 2 of Gallagher & Kennedy correspondence representing Mr. Skeete it says, “…the City Manager’s Executive Team, including the City Attorney, discussed the ERP (Early Retirement Program) on numerous occasions over the course of several months in 2008-09. Any notion that the staff supposedly tried to hide the ERP from the City Attorney is flatly incorrect.” On page 3 of Mr. Bolton’s correspondence he states, “My email on Exhibit 6 (dated December 15, 2008 used in the external audit) explicitly states…’Sherry, here is the file I received from Craig (Tindall) for the retirement incentive’.” It can be assumed that City Attorney Tindall as part of the Executive Management Team knew of the ERP and its implications. Yet he did not speak up in 2008-09. Why did he wait until 2012 when he was vying with Mr. Skeete for the job of Interim City Manager?

Who were the other members of the Executive Management Team, what did they know and when did they know it? Julie Frisoni as the City’s spokesperson was undoubtedly part of the Executive Management Team and there are emails in the external audit that reflect her knowledge of the Early Retirement Program. Her emails asking for clarification of the factual financial information to be publicly released indicate that she had knowledge of the ERP. Why did she not say anything? According to now City Manager Fischer, she had an obligation to report — to the press, the Attorney General’s Office or the employee hotline. Yeah, right. Keeping quiet got her an appointment by Fischer as an Interim Assistant City Manager, as unqualified as she may be.

The sad part of all of this is that those who appear to be primarily responsible remain unscathed and those who did their bidding at their direction took the pipe. Is life unfair? We all know that it can be but it hits home when it happens to people you know.

Staying quiet in Glendale was an employee’s only option then and guess what? It hasn’t changed. Staying quiet in Glendale is a smart employee option today unless you believe in Fairy Godmothers or Santa Claus.

© Joyce Clark, 2013

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This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.

Woo Hoo! Remember Councilmember Alvarez’ promise to resign after the external audit results were made public? Or remember her repeated assertions that she was finished…done…would not run for another term? How the worm turns!!

In the October 31, 2013 edition of the Glendale Star Jamie Aldama, an Ocotillo district resident, announced he is running for Norma’s seat. His experience to date in public service has been to serve on the Glendale Elementary School District Governing Board, past Commissioner on Glendale’s Parks and Recreation Advisory Board and current Glendale Planning and Zoning Commissioner. That’s more than enough service. I had none when I ran for my seat in 1992. I just happened to catch a Planning and Zoning Commission meeting not too long ago simply because it came on right after a council meeting. So I stayed tuned and watched. Remember Robert Petrone? He’s the guy from the Cholla district who announced his candidacy for the Cholla seat. He’s the one with decidedly questionable financial baggage endorsed by Manny Martinez. As Chairperson of the Planning Commission he was a study in pandering and positively oozed solicitousness. Creepy.

Jamie Aldama is a Chavira clone. Chavira habitually thanks everyone, from the Pope on down, before expressing his thoughts which tend to be light weight and signifying nothing. Aldama does the same…thanks everyone, especially staff, and then says…nothing of substance. How many intellectual light weights does council need? It’s already got Alvarez and Chavira.

As for Norma, say it ain’t so. She now says, “It’s so early, so many things happening in the city I don’t like. I’m so outspoken, I don’t think I’m being effective.” At least she got that right. She goes on to say, “…But I’m not sure yet. If I do, I’ll be deciding by January. There are a lot of things for taxpayers I want to get done.” Said like a true politician, Norma.  Sounds like she’s been co-opted by the perks and privileges of the office…especially the great medical benefits she used repeatedly during her first term. She has spent more time not attending council meetings than any councilmember in recent history. She is truly a Wonder Woman because after she has spoken everyone wonders what the heck she said.

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.

A word of advice. When you get older, say 70 on up, avoid getting sick at all costs. Wear a mask or go into isolation to save yourself. I speak from experience. Two weeks ago I caught a cold. You know how it goes. You begin to feel better, almost human, and you resume your schedule with gusto. Then you learn your lesson as it comes back, ten times worse. That is exactly what happened last week. Mercifully I was saved from an untimely death by my doctor’s prescription of a really heavy duty antibiotic.

There’s been a lot of activity regarding the Tohono O’odham’s (TO) proposed casino during the week of October 23, 2013. Where to begin? At the council workshop meeting of October 15, 2013 an agenda item was discussion of starting a dialogue with the TO. In a previous blog I described various councilmembers’ positions on the issue. They did not go as far as opening exclusive dialogue with the TO. Rather council majority asked for an assessment from staff of the consequences to Glendale IF the casino were to be built. This assessment was to include gathering factual information from the TO. Good luck to them on that action. Historically the TO have never been very forthright about their plans. A majority of council gave this direction despite newly hired City Attorney Michael Bailey’s admonition to wait until two outstanding casino issues were resolved.

Then at the regular council meeting of October 22, 2013 council passed as part of its Consent Agenda (no discussion occurred and all items were passed in a single vote) Item 14, a resolution of support to accept a $45,000 grant from the TO for use by the Glendale Youth Project. The Glendale Youth Project is a worthy cause and it is not the issue. The issue is the acceptance of any TO grant. How can this council legally or morally accept money from a group that it has opposed and litigated against and continues, as city policy, to oppose? It boggles the mind. Council is repeatedly and short sightedly sending the wrong signal to our friends and supporters – the State Legislature, our Congressional Delegation and all of the Arizona Tribes opposed to machinations of the TO’s gambit to build a casino in the Phoenix Metropolitan area.

On October 26, 2013 the Glendale Republic ran two viewpoint submissions. The pro-casino faction consisted of Bob Barrett, Mayor of Peoria; Adolfo Gamez, Mayor of Tolleson; and Sharon Wolcott, Mayor of Surprise. I find it ironic that not one of these three communities will host or have to pay a dime for the development of the TO casino and continue to believe the TO hype that somehow this project will benefit their communities.  They embarrassingly trotted out their “East Valley Envy” for all to see. The anti-casino viewpoint was signed by Jim Lane, Mayor of Scottsdale; Mark Mitchell, Mayor of Tempe; Jerry Weiers, Mayor of Glendale; Thomas L. Schoaf, Mayor of Litchfield Park; and John Lewis, Mayor of Gilbert. They get it. They understand the broader picture and the ramifications to the entire Valley should the TO succeed. It’s too bad that some of the West Valley cities are greedily willing to chase a mythical pot of gold at the expense of Glendale.

In the October 27, 2013 edition of the AzEconomy Section of the Republic there is an article about Steve Ellman’s Phoenix-like rise from financial death. Ellman was the former owner of Westgate (until 2011) and co-owner of the Phoenix Coyotes (until 2006).  Here is the link: http://www.azcentral.com/business/news/articles/20131026ellman-glendale-coyotes-tribe-deal.html . Part of the story recounted Ellman’s efforts back in 2009 to obtain a $100M investment from the TO. The major city players at that time would have been Ed Beasley, Julie Frisoni, Craig Tindall and Art Lynch. I had heard about such a proposal – not in detail — years ago but dismissed it for a variety of reasons. It was disturbing then and is disturbing now to read it. Ellman was lobbying for a deal that certainly would have benefitted him but not necessarily the City of Glendale. $10M a year for 10 years would have been invested by the TO in the arena AND Westgate. How much would have gone to the arena? Not much. A token amount would have gone toward naming rights but the lion’s share would have been used by Ellman for Westgate. In return for this largesse (read bribe) Glendale would have been required to support the TO’s plan for the casino. The article quotes Ellman as saying, “the deal between the tribe and Glendale ‘would have allowed ME (caps mine) to stay in (sic) the team…and stay in Westgate’.” This unsavory deal was always about Ellman.

The TO continue to press their plan for a casino and we can count on more pressure until the Secretary of the Interior makes his final determination about reservation status and until Representative Trent Franks’ bill is settled one way or another.

If you would like more information about the impact of a casino in Glendale please visit this site: www.keepingthepromiseaz.com . The site recently added information about available county islands within other Valley cities that could become targets for a casino if the TO prevail and break the state compact.

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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 City Council workshop meeting of October 15, 2013 had a little something for everyone. Since Mayor Weiers has been at the helm all of their meetings have been extraordinarily brief. Not so this time.

The first item was an informational presentation on light rail in Glendale by Steve Banta, CEO of Valley Metro. Keep in mind that even if all the stars aligned, Glendale still wouldn’t see light rail for a minimum of ten years. The corridors under study remain the same: Northern Avenue to Bethany Home Road; Camelback Road; and the Loop 101. The only strong sentiment was expressed by Vice Mayor Knaack whose business is located in downtown Glendale. She remains adamantly opposed to light rail being sited along Glendale Avenue. Ummm…I guess she didn’t get the memo about Mesa. They deliberately sited their light rail on their Main Street to spur redevelopment. Their experiment with light rail has been so successful that Mesa is paying for an additional 2 miles from a city fund dedicated to street improvements.

Council moved on to the next item, Councilmember Chavira’s plea to get more amenities in the Western Regional Park (now called Heroes Park) at 83rd and Bethany Home Road. He proposed as temporary, soccer fields; or the addition of sod to green the park; or an archery range. He needs to bring something home to his constituents before he runs for reelection. Poor Sammy, it won’t be park improvements. He ran into the same brick wall as I. Keep in mind that a majority of the former council diverted $6M earmarked for the park to the construction of the Public Safety Training Facility. It was a spite move orchestrated by the former Mayor because I refused to become a member of her team. Council has an obligation to restore that $6M deliberately and willfully taken from the park. Chavira heard a resounding “No” from his fellow councilmembers to his requests. Even Alvarez said “No” and called for prioritization of needs. They fell back on the council policy directive that mandates maintaining and improving the parks already in place. They grudgingly agreed to move forward on the concept of an archery range provided it “was at no cost to the city.” I have never seen a project come forward that didn’t involve some cost to the city. In addition when residents of the area publicly participated in the planning of the park there was not one request for an archery range. In all my years on Council I received one call from a father who wanted to establish an archery range in a nearby retention area for his son so that he could conveniently practice. As the Director of Parks and Recreation Erik Strunk stated, “There will be no available funds in the Parks and Recreation Capital Improvement Program until Fiscal Year 2018-19.” At that time all seven councilmembers will be vying for the use of those funds.

The Sister Cities Program was next on the agenda.  This item was Councilmember Sherwood’s request. His motive was to partner with Canadian cities that host hockey and perhaps to boost Canadian attendance at Coyotes hockey games. It was a subject that didn’t engender a lot of comment. However, Alvarez and Chavira broadened the concept to include Mexican cities. Council directed this initiative be shifted to the private sector for further exploration and called on the Civic Pride Ambassadors, the Chamber of Commerce and the Convention and Visitors Bureau to lead the effort.

Now we get to the meat and potatoes…er…steak and potatoes of the workshop…the Tohono O’odham and its proposed casino. The new City Attorney, Michael Bailey, presented information first. He said for 5 years the city’s position has been in opposition as expressed by various city council approved resolutions. Until council passes a new resolution expressing a new direction, the city will remain opposed to the proposed casino. He went on to say the city is no longer involved in any active litigation against the TO’s plan. Everyone is waiting for the results of two actions: U.S. Representative Trent Franks bill currently enjoying bipartisan support which has passed the House and moved on to the Senate; and the 9th Circuit’s Court mandate that the U.S. Department of Interior further clarify its justification for provisionally placing the land within Glendale in reservation status. He also expected that no matter what the Department of Interior’s decision, we can expect further litigation.  The City Attorney advised waiting until these issues were resolved before moving in any direction. He likened the current situation to council’s ordering and paying for a steak dinner and then just before it arrives, getting up and walking out of the restaurant. He alluded to the fact that entering into a dialogue with the TO could send the wrong signal to our friends and supporters – the other Tribes, the State Legislature and our Congressional delegation.

Despite his sage advice, here’s how the council lined up on the issue. Mayor Weiers and Councilmember Martinez remain firmly opposed and counseled waiting until the issues resolve. As expected Councilmembers Alvarez and Hugh are in the TO camp, breathlessly awaiting the casino’s arrival as if it is the cure for all of Glendale’s financial woes. Councilmember Chavira, in whose district the proposed casino would be located, has never been one to take a strong position on anything, maintained a fence sitting posture (painful to say the least). If he had a brain, he’d listen to and represent his constituents who will be dramatically affected and simply do not want the casino. Councilmember Sherwood after proclaiming that he was still opposed to the casino then trotted out a litany of reasons in its support. Vice Mayor Knaack, ever ready to appease everyone and anyone, listed the reasons why a casino was not in anyone’s best interest then flopped to supporting dialogue with the TO. Those who do not study history are doomed to repeat it. What happened when the European nations practiced appeasement?

The result of the long and sometimes contentious discussion was 5 of 7 councilmembers supported directing staff to fact find (including dialogue with the TO) to produce an assessment of the impacts of the proposed casino on Glendale. I find it amazing that 5 of them believe they will get specific facts from the TO. This is the same Tribe that hid its ownership of the land in question for years. This is the same Tribe, when asked by Glendale staff, for specifics regarding their proposed casino, offered only conceptual ideas, nothing concrete. This is the same Tribe that publicly stumped for the State Gaming Compact in 2002, knowing that they already had plans to violate the spirit of the compact. There is and should not be, justifiably, any trust regarding assertions that they make. What’s the old saying? Trust but verify?

Council’s reasons in support of dialogue were superficial and may have been motivated by the people who spoke at their last council meeting (by the way, many were not from Glendale). This council left their steak dinner on the table having already paid for it, unwilling to wait and to let the issues play out and knowing that possible further litigation will not see an end to this situation for several years.

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.

On Sunday, October 13, 2013 the Arizona Republic posted an editorial entitled City Finally Getting Clue on Super Bowl. Here is the link: http://www.azcentral.com/opinions/articles/20131007glendale-super-bowl-editorial.html . If I wanted a sermon I can always get one from my priest.

At least the editorial acknowledged the NFL’s heavy-handed demands with, “The NFL can be a demanding taskmaster when it comes to operating its big game. It wants to have things just so, and those things can be costly.” And that’s the point. The costs borne by the Host City far outweigh the revenue earned to cover those costs. Not so for Scottsdale, Phoenix, etc., who reap the revenues from major NFL events that earn enough to pay for their expenses. The editorial failed to acknowledge or even mention that other states, Texas and Florida, do pay Host Cities for their losses.

It goes on to say, “But, like it or not, if you want to continue playing host to the Super Bowl, you mostly have to play by NFL rules. That is just how it is.” There are two assumptions in that remark. There is an assumption that Glendale wants to continue to play host to the Super Bowl. I am sure every other Valley city most certainly wants to but is it in Glendale’s best financial interest? Not currently. Don’t be so quick to assume that Glendale should host future Super Bowls without recompense. The other assumption is that every Super Bowl Host City is held hostage by the NFL with their remark, “that is just how it is.” It’s time for potential Host Cities to form their own monopolistic league and negotiate terms with the NFL. It’s time when the NFL asks a Host City to jump, the Host City stops asking “How high?”

The article lays blame on Glendale, its usual modus operandi and its favorite city to bash, by saying, “…Glendale has been slow to grasp these essential details.” Oh really? Glendale successfully hosted a Super Bowl. It knew what to do and when to do it and performed at a very high level.  Glendale has proven its ability to host successfully. Glendale understands what is required of it and when but it is up to the Arizona Host Committee and the NFL to acknowledge Glendale as a full, participating partner. They have failed to do so to date.

Lastly, it says, “The Valley of the Sun has developed a strong reputation among those in college football and basketball and within the NFL who make the decision about where to host their marquee events.” Then it’s up to the member cities of the Valley of the Sun to create a mechanism that makes their sister city, Glendale, financially whole. Glendale was proud to host a Super Bowl and would be proud to host future ones but not by committing financial hari kari.

© Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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, democracy, 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 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.