Header image alt text

Joyce Clark Unfiltered

For "the rest of the story"

On August 21, 2013 at 1:18 PM I received the following email: “Since you were interviewed as part of the process, I wanted to let you know that the City-Council-directed-external-audit of the city’s finances is complete and is being released to the public and media today. The documents will be posted on the city’s home page and are available for you at this link: http://www.glendaleaz.com/documents/SpecialProject-SummaryofFindingsandConclusions.pdf    Julie Frisoni”

This short and not-so-sweet email went to people interviewed for the external audit (or declined the request for an interview) but are no longer working for the city. It would have included me, former Mayor Elaine Scruggs, former City Manager Ed Beasley, former Assistant City Manager Pam Kavanaugh, former Finance Director Ed Lynch, former Human Resources Director Alma Carmicle and former Risk Manager Jim Loeb. I assume another email went to currently employed city personnel who were interviewed.

I had not checked my email all day but I did so late in the evening. I immediately went to the link provided in the email (you can do so as well), downloaded and printed out the 250 plus page external audit produced at a cost of half a million dollars. Then I spent the next couple of hours reading and analyzing it.

Finally, finally, finally, the city has released the results of the external audit. This is an issue for discussion that is long overdue. To do it justice there will be this article to be followed by two more. This first section will flesh out the scope of the audit, the players and the atmosphere surrounding the actions that occurred. It’s time to set the record straight.

The firm hired to perform the external audit was Haralson, Miller, Pitt, Feldman & McAnally, PLC (HMPFM). They, in turn, subcontracted Fidelity Forensics Group, LLC., the Law Offices of A. Bates Butler and Evidence Solutions, Inc.

Their mandate was to investigate actions related to the Early Retirement Program (ERP); transfers between and out of the Risk Management Trust Fund (RMTF) and the Workmens Compensation Trust Fund (WCTF); look at any other cash transfers into the city’s General Fund; and evaluation of city management’s disclosure of these actions to the city council. They would also be charged with identifying any civil or criminal liability related to these actions. As they worked their way through these issues council approved enlarging their scope of investigation to include lack of city contributions to the trust funds; the city’s actions under the Federal Early Retirement Reimbursement Program (FERRP); Art Lynch’s employment arrangements after he retired as well as city action associated with his retirement; and Alma Carmicle’s work arrangement after she moved to Mississippi. In other words did anyone deliberately misdirect city funds or use them improperly, was improper direction given and did the city council know?

We know who was hired to do the work and what they were hired to investigate. To do their work they secured 19 workstations and/or computers and/or other devices such as tablets and phones. They reviewed nearly 75,000 documents but perhaps, most importantly, they performed 37 interviews. 27 people were interviewed (some more than once) as follows:

*    Norma Alvarez        *   Don Bolton             *   Jim Brown               *    Cathy Mcintyre        *   Ann Buchmeier       *   Nick DiPiazza             *   Julie Frisoni             *    Diane Goke           *   Horatio Skeete          *   Julianna Lloyd        *   Christina Parry       *   Craig Sullivan              *   Candace MacLeod   *   John Stern               *   Darcie McCracken       *   Raquel Montero        *   Joyce  Clark          *   Robert Steele           *   Elizabeth Smith        *   Andy Jennings         *   Elaine Scruggs         *   Shelly Kitts               *   Lupe Sierra         *   Craig Tindall                    *    Jill Shaw                *   Jim Summers        *   Michael Morrison              *   Sherry Schurhammer

More telling are those who were asked for interviews but declined them:

             *   Ed Beasley                  *   Art Lynch              

              *   Jim Loeb                     *   Pam Kavanaugh

             *   Alma Carmicle 

Now we have our cast of characters. What was the environment under former City Manager Ed Beasley’s tenure? It can be characterized in two words — very controlling. I used to joke and say that councilmembers were mushrooms. There’s an old country saying that mushrooms are grown in the dark and fed horse manure. It turns out to be more colorfully accurate than anyone imagined. Page 19 of the external audit says, “From the onset of the ERP, City Management and staff failed to keep the City Council appropriately informed, at times misled them and/or provided incorrect information. Under the previous administration, city staff was hindered and/or prohibited from providing valuable information to the City Council. Until recently City staff was hesitant to make independent decisions or communicate directly with the City Council due to a mandate by City Management that all Council communications be run through the City Manager’s office. The few times City staff was allowed to present to the City Council, they were required to do a dry run for City Management and only present that which was approved at that rehearsal. These acts could be most readily observed in official communications by City Management and staff with the City Council.” Finally here is formal vindication of my actions as Chairperson of the Trust Funds and as your councilmember despite the smear tactics used by my opponent in my recent reelection campaign.

In my conversations with various staff, there was confirmation that not only did every council communication have to flow through the city manager’s office but that staff was required to report any verbal communication had with councilmembers. They also, I kid you not, had various staff members act in the roles of individual councilmembers and then rehearse the proposed presentation to be made to council. It was a formidable and intimidating atmosphere in which Beasley expected results. Policy direction was his forte. Immersing himself in detail to achieve the objective was not. Question: Who exactly constituted “City Management” at that time? Or did Beasley instead rely upon his “inner circle” of trusted advisers?”

What occurred disturbs me – no, it’s worse than that. It makes me sick to my stomach. Management staff, almost universally belong to the International City/County Managers Association (ICMA). ICMA’s Code of Ethics can be seen at this link: http://icma.org/en/icma/ethics/code_of_ethics.

Tenet 3 of the Code is as follows, “Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public.” Staff members involved betrayed the trust we placed in them and treated us as mushrooms.

Next up — what did the investigation reveal?

©Joyce Clark, 2013

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

newsOn August 1, 2013 The Glendale Star’s editor, Carolyn Dryer, delivered a commentary entitled Stop the waste; let Nation build resort/casino. As commentary obviously this is her position as well as that of the Glendale Star. One would expect no other position by the Glendale Star and Ms. Dryer considering that she has advocated for the position of Councilmember Alvarez (an avid supporter of the Tohono O’odham [TO]). Ms. Dryer even attended a meeting on the subject (along with other supporters) hosted by Alvarez at her home. That same meeting had as an attendee a Tohono O’odham hired consultant. I’m not sure why Ms. Dryer simply didn’t let TO Chairman Ned Norris, Jr. write her commentary – after all it is the TO party line almost word for word. She questions the motives of the plaintiffs — the City of Glendale, the State of Arizona and the Gila River Indian Community and the Salt River Pima Maricopa Indian Community (supported by the way, by virtually every other Indian Nation in the state).  She implies that all of these parties are motivated by greed. Oh really? The City of Glendale seeks to maintain local control of its land (a county island within its municipal boundaries); the State seeks to maintain the integrity of states’ rights within its own borders; and the Indian tribes seek to protect the 2002 state-wide, voter approved State Gaming Act. Blatant greed falls on the shoulders of the Tohono O’odham. Their many deceptions give testimony to their willingness to sacrifice the Gaming Act to satisfy their desire for more revenue. gambling 3She then dismisses the risk to Indian gaming in this state if the Tohono O’odham prevails. It has been acknowledged by many over the years that if the TO succeed it destroys a carefully crafted state gaming compact and opens the flood gates for gaming to be sited anywhere — perhaps even near your neighborhood. Ms. Dryer then delivers what she believes is her coup de grace…job creation. Again, this is the TO party line. The Tohono O’odham have said repeatedly there will be 6,000 construction jobs. The Maryland Live! Casino is a 332,500 square foot facility (twice the size of the proposed TO casino) and anticipates creating 2,750 construction-related jobs (half that number would be approximately 1,400 jobs and reflects a much more realistic number for a TO facility much smaller). In an effort to “sell” the benefits of the TO casino the numbers have been inflated. It is a subtle form of deception, no doubt, but not unexpected. Problems throughout the country related to casino construction have surfaced. There is no guarantee by the TO that only local construction companies or workers will be used. Here is an example that demonstrates the out-of-state use of construction workers – a Press Release from a coalition of unions in California issued on January 15, 2013, “ROHNERT PARK, CA: Graton Rancheria’s (my note: a coalition of Indian tribes) promises to Sonoma County union workers have been dashed by lay-offs of local union members as out-of-area workers are being brought in to take their places. Sonoma County union construction workers report that workers are being brought in from “Nevada and the L.A. area” and even as far away as Alabama to work on the Graton Rancheria casino/hotel project in Rohnert Park. It is amazing that the supporters of the casino still don’t get it. In their lust for job creation they are willing to accept a host of problems that are the baggage that a casino brings to a community, especially one with 10,000 homes and apartments adjacent to it. The sacrifice of our community is not worth the promises made.

Fair Use and Copyright

Image2 Isbell Construction
Airport

Glendale has had more than one airport in its recent past. According to Ron Chavez’ book “The Valley Airports of the Past,” this airfield “began as the Isbell Construction Company Airfield, a privately-owned airstrip built in 1955 at 80th & Olive Avenues. The airport was used as an aerial crop seeding & spraying operation, had a dirt strip that measured 2,400′, and ran in a north/south direction (17/35) between Grand & Olive Avenues.”He goes on to say “After the closure of Paradise & Phoenix Airhaven Airports, the Isbell Construction Company Airfield became available for general public use and general aviation aircraft began using the airport in 1966.” At the same time its name was changed to Glendale Airhaven Airport.  But it was too small and buried within a corner of a block near Grand Avenue and Olive. Old abandoned urban area airfields often suffered the same fate and were plowed up, torn down and covered with homes and buildings but remnants of this airfield field remain. As of the late 1980’s one could still see the runway and hanger.

In the early 1980’s the city decided to build a new airport and close Glendale Airhaven. A citizen’s group was formed to decide on a location for a new airport to be known as the Glendale Municipal Airport. One of the members of this citizens’ group was – any guesses? – Why, former Mayor Elaine Scruggs. There were two final options for its location. One site was in undeveloped north Glendale and the other was its present location.  Urban legend has it that Scruggs pushed hard for its current location and prevailed despite the location’s many flaws.

photo 3By 1987 the 477 acre Glendale Municipal Airport opened and was ready for business. Its new single runway eventually grew to 7,150 feet and could accommodate small jets. Hangers were built on the south and north sides of the main terminal building. It became the new location of the Thunderbird Balloon Race. But there was trouble in this new, city paradise. The south hangers languished and were never even remotely fully occupied. The owner declared bankruptcy and the hangers were auctioned off. The city attempted to acquire them but its bid was rejected as too low and they were acquired by a private party. To this day while they are available for lease but they remain almost entirely vacant. The reasons are complicated.  By the mid-90’s the city discontinued hosting the balloon race as the number of spectators it drew overwhelmed airport facilities.

For the next dozen years the airport continued its slow but steady growth. The city hosted the Super Bowl. That event showed what its future held as many corporate jets landed there because of its close proximity to the University of Phoenix Stadium. Top name concert performers and their entourages would also use the airport because it was so conveniently close to their performance venue, Jobing.com Arena.

Then two major events occurred. The national economy suffered a deep recession and the nation’s climb out of it has been slow and painful; and the owner of the south hangers sued the city and lodged a complaint with the Federal Aviation Administration (FAA). He contended that the city allowed the owners of the north hangers more liberal use of their hangers that that with which he was allowed. He prevailed and won a substantial judgment and the FAA now had Glendale’s airport on its radar screen and mandated major changes.

In the next blog we’ll look at the airport today…its challenges and its potential.

copyright

AWARD WINNER FRUGAL SPENDERS…#6 MARTINEZ AND #7 KNAACK

Martinez photo

Manny Martinez

Knaack

Yvonne Knaack

Councilmember Martinez spent $7,117.47 in 6 months of expenditures and Vice Mayor Knaack spent $3,672.29. Both exhibited restraint in their spending with the exception of a few items. It would be appropriate to get an explanation from Councilmember Chavira on his expenditures that in 6 months that are 7 ½ times the amount of Vice Mayor Knaack.

It should be noted that Councilmember Martinez spent $4,126.97 (53% of his 6 months of expenditures) for its intended purpose — that of infrastructure improvements within his district. He, like other councilmembers, has cell phone charges of $411.13 and land line charges of $1,328.00. Otherwise his budget is clean and all of his expenditures are reflected in his infrastructure expenditures, phone charges and the state National League of Cities convention.

Vice Mayor Knaack has no phone charges and is to be highly commended for that practice. She did donate $609.62 to the Glendale Arizona Historical Society. I wonder if she was aware of the thousands of dollars this organization received from other councilmembers. She, too, attended the state National League of Cities convention, very frugally.

money 11Both of these councilmembers have repeatedly called for all councilmembers to reign in their spending and to return portions of their budgets back to the city’s General Fund. They are the only 2 councilmembers to consistently practice what they have preached. They get it. They understand that with Glendale’s financial constraints every penny and every dollar and how it is spent becomes important. Kudos to both.

copyright

MIDDLE OF THE ROADERS…#4 WEIERS AND #5 SHERWOOD

Weiers

Jerry Weiers

Sherwood

Gary Sherwood

There is no earth shaking surprise in either of these gentlemen’s budgetary expenditures. Certainly they have not adopted the philosophy or practice of giving your taxpayer dollars away as Chavira, Alvarez and Hugh have done. Mayor Weiers 6 months of expenditures comes in at $14,041.33 and Councilmember Sherwood is not far behind with expenditures of $11,516.37.

It’s common knowledge that they don’t like each other very much as each vies for the title of ultimate power broker in Glendale. They are discussed in unison because they share commonalities when it comes to spending. Both like to travel with each racking up substantial travel expenses and each spent about the same amount for the use of phones whether land line or cell.

money 3Mayor Weiers spent $4,729.15 (33% of his 6 months of expenditures) on travel for 3 trips. In March he and Councilmembers Sherwood and Chavira, staffed by Intergovernmental Director, Brent Stoddard, went to Washington, D.C. for the National League of Cities (NLC) Congressional City Conference. In April Weiers and Stoddard went to Washington, D.C. for the Greater Phoenix Economic Council (GPEC) Executive Mission. In May Weiers was back in D.C. with Stoddard. If Stoddard’s expenses to staff Weiers and others in D.C. are added those trips become pricier at $8,541.00.

money 5Sherwood spent $3,927.22 (34% of his 6 months of expenditures) on travel as well. If a quarter of Stoddard’s expenses (Stoddard staffed 3 elected officials on the March trip to D.C.) are added, Sherwood’s tab for travel cost the city $5,069.45 in direct and indirect costs. Stoddard typically pays for meals, especially dinners if the elected officials have not been invited by another party. He will pay cab fare and miscellaneous expenses on behalf of the elected officials.

Weiers’ phone bill comes in at $1,259.52 and Sherwood spent $449.10 for his cell and another $789.85 for his land line totaling $1,238.95. Their phone expenditures in 6 months are virtually the same. Is it appropriate to cover their phone expenses? That is a judgment call and something you must decide.The balance of their budgetary expenditures is ordinary and appropriate.

These trips were probably meaningful and were dedicated to lobbying for the city’s interests on issues such as the F-35 to be based at Luke and the casino issue. Everything in D.C. is pricey but we expect moderation. Their lodging and airfare are reasonable for a trip to D.C. but Stoddard’s expenditure of $1,284.52 for meals (dinners for 4) is on the high side.

In an era of frugality and tightened budgetary expenses in Glendale it is more important than ever before that our elected officials spend their travel dollars wisely. A reminder that these trips are funded with taxpayer dollars may encourage them to be more mindful.

copyright

THE TEASER

This, for those of you not in the media business, is called a “teaser.” Over the coming weeks each councilmember’s budgetary spending will be explored for the past 6 months, from January 15, 2013 when 4 new members took office, to June 30, 2013, the end of Fiscal Year 2013.

greed 1Here is the roster of spending from the highest to the lowest for the last 6 months of Fiscal Year 13:

  • Councilmember Chavira, Yucca district…….$27,748.18
  • Councilmember Alvarez, Ocotillo district ….$26,151.34
  • Councilmember Hugh, Cactus district………$19,711.12
  • Mayor Weiers…………………………………………….$14,041.33
  • Councilmember Sherwood, Sahuaro district..$11,516,89
  • Councilmember Martinez, Cholla district……$  7,717.47
  • Vice Mayor Knaack, Barrel district……………$  3,672.29

Why did Councilmember Chavira spend 7 ½ times the money spent by Vice Mayor Knaack? These are your taxpayer dollars. Is your district representative practicing fiscal restraint at a time when the city has fiscal problems?

Check back over the coming weeks as each councilmember’s budget is reviewed. The answers are revealing.

copyright

Note: I said that I was taking a hiatus for about a week but this blog begged to be written before my hiatus. It is timely now. See you back here after July 15th.)

Norma Alvarez

Norma Alvarez

There are two words that apparently are not in Councilmember Alvarez’ dictionary — grace and dignity. On July 3, 2013 the Glendale Star published a story entitled Alvarez sets deadline for departure by its Editor, Carolyn Dryer. Here is the link: http://www.glendalestar.com/news/headlines/article_d7f30530-e413-11e2-8882-0019bb2963f4.html.

Norma publicly exploded after the affirmative vote by a majority of council for the RSE arena management deal. She laid the blame for the lease management’s acceptance at the feet of the entire council by saying,“It’s our fault, letting them (Coyotes prospective owners) do what they want to do.”

The city paid approximately $500,000 for an external audit. In the minds of some councilmembers such as Alvarez, it’s purpose is to fix blame. In the story Alvarez claims the audit will reveal all kinds of dastardly deeds performed by ??? and she says, “I’m waiting for the audit. You’re going to be surprised.” She also hinted that she will resign after the results of the audit are made public and said further, “It’s going public. So, I’m going to wait for that.” She claimed that she told the auditors an ear-full and she probably did but how much was hearsay and how much had a factual basis? You can be sure the audit will be fact based and may not include all of Norma’s titillating tales. If that is the case, you may see a second eruption from Mount Norma.

Sherwood

Gary Sherwood

She then went on to trash her fellow councilmembers. She claimed discrimination by her peers because “I have never been included in this council from the first day I’ve been in. I’m not ‘one of the boys.’” She accused Councilmember Sherwood of usurping the Mayor’s role during the month-long Coyotes negotiation process with, “I’m tired of this person walking around and talking like he’s the mayor. Jerry (Mayor Jerry Weiers) has been courteous to him.” Sherwood did take the lead on the Coyotes negotiation and his rubbing elbows with the likes of NHL Commissioner Gary Bettman, Assistant NHL Commissioner Bill Daley, RSE’s Anthony LeBlanc and Daryl Jones and attorneys Grant Woods and Nick Wood (no relation) had to have made Sherwood feel warm and fuzzy all over. I’m sure his ego was stoked as all of these principals whispered sweet nothings.  She also accused Sherwood of inserting himself into the search for the City Manager process by “When Sherwood got the applications, he called her (new city manager hired Tuesday, Brenda Fischer),” Alvarez said. “We didn’t call anybody; that’s why we have HR. He (Sherwood) came back and told us this is the best person.” While not illegal, as far as I know, it is a highly unusual action by a councilmember.

Chavira photo

Sammy Chavira

There were no kind words for Councilmember Chavira either. A little past history is in order. When Sammy ran in 2012 Norma stood “toe to toe” with Sammy’s bid. She funneled money and workers to his campaign and did everything in her power to assure his election.  With regard to Sammy’s positive vote for the Coyotes’ deal she said, “But he’s a disappointment to the people of Glendale. I know people in Glendale who say they are going to make sure he never wins again.” (More about Sammy’s vote in a future blog.) I would think Norma feels betrayed by the very person she was instrumental in getting elected. If nothing else Norma has a long memory and the resources to make good on her promise about Sammy’s future.

There’s more but you will have to read the article for yourself to capture the full flavor of the outrage Norma expresses. Every councilmember, in any community, has at one time or another, experienced back stabbing, betrayal and countless other unpleasant actions from their peers. It’s not usually aired in public because most have a sense of grace and dignity and realize that it’s part of politics. Alas, they are not words in Norma’s vocabulary.

copyright

celebrate 1Congratulations to all who worked so hard to keep the Arizona Coyotes in Glendale. Your tremendous effort has been rewarded. Now the hard work begins…not for the fans but for the principals — RSE and the city — in the deal. I wish them much luck now and in the future. I respect the current council’s decision and can appreciate what it took for them and out of them to arrive at their decision-having been there several times previously.

This 4 year odyssey has taken its toll in friendships and relationships as nerves and tempers frayed. That is my only regret. Just as with many of you, it is time for a brief hiatus — time to recharge and renew. For the next week I will do exactly that and no blogs will appear. When I come back…roaring…there will still be many other Glendale issues — and the pond to write about.

See you back here in a week!

copyright

words 6bargaining 3I want to commend attorneys for both Glendale and RSE. When I received the original June 26th draft of the Agreement consisting of 93 pages it took me quite a few hours to review it line by line. I ended with 18 pages of notes and they have been quite handy and well worth my time. I had quite a few issues with the original document. In reviewing the latest version dated June 28th I am quite pleased to see that many – not all – but many of my issues have been addressed. One that made me laugh out loud was the provision that Glendale would receive 100% of the Naming Rights for a future theater/stage space to be constructed within the bowl. Further along in the original document it specified that Glendale must pay for its construction or the Arena Manager would receive the proceeds of Naming Rights and apply them as reimbursement for construction costs. That provision, thankfully, has been changed and it is no longer Glendale’s responsibility to fund its construction but it still has the right to receive 100% of the Naming Rights. It appears that cooperation and communication by both sides has gone a long way to resolve many of the issues.

contractHowever, there remain several major, outstanding issues. One of those issues is that of the Noncompetition/Non-Relocation Agreement. The original June 26th agreement refers often and specifically to the dual concepts of non-competition and non-relocation although the document was never provided publicly. So there was no companion document to review. This, in conjunction with the absence of any exhibits accompanying the release of the original version, is troubling but that is for another time. In the new version of the agreement reference is now made solely to a Non-Relocation Agreement. The concept of non-competition has been removed in its entirety. Is this positive or negative? There is no way of knowing since there is nothing with which to compare the current Non-Relocation Agreement.

threaten 1Another major shift from previous deals is the concept of mediation vs. arbitration. In previous deals arbitration was the “Dispute Remedy.” In all versions of the RSE Agreement mediation is the dispute resolution mechanism. There is a difference between the two procedures. In mediation a neutral third party acts as a facilitator but is not a decision maker. Neither party is required to complete the process nor is it legally binding. The mediation resolution can be appealed through the legal system. In arbitration the neutral party acts as judge and jury. The decision is generally binding and cannot be appealed, except under very special circumstances. Mediation can be more expensive because it allows for legal appeal as opposed to arbitration which is legally binding. So the question becomes why RSE’s insistence on mediation for it seems to be upon their insistence and not that of the city.

enter 3We now know that RSE used a figure of 23 non-hockey events with attendance of 15,000 per event. Those numbers are a component of their calculations in determining the revenues from the parking surcharge and ticket/supplemental surcharges. It appears to be over inflated but it is their number, not mine, not the city’s. That goal should be acknowledged within the Agreement by incorporating accompanying performance penalties and incentives. If RSE meets less than its self-proclaimed goal of 23 non-hockey events there should be a monetary penalty. It is a concept only used in the Agreement in conjunction with hockey games. If less than 41 games are played in the arena, there is a $150,000 penalty per game paid to the city. However, if RSE overachieves or underachieves in booking non-hockey events, it should be rewarded/penalized for doing so but there is no mention of such a concept within the Agreement. Fairness dictates that non-performance be penalized and success rewarded.

man moneyAnother interesting concept within the Agreement is language that exempts the Arena Manager from governmentally imposed lease taxes on the property. If, for some reason, the Arena Manager does have to pay them, that amount will be deducted from the City’s total annual revenue to be received. Hmmmm. Should there be lease property taxes imposed that have to be paid the city is required to pay them.

It also appears that instead of allowing the city’s contribution to the Capital Improvement Fund to accumulate year over year, the Capital Improvement Fund is set to “0” every year and the funds within it revert to the Renewal and Replacement Fund that is spent solely at the Arena Manager’s discretion.

The last major change to the document is the city addition of its own opt-out provision. The city views this action as entirely appropriate. Their assumption may be based on the notion that the city has more “skin in the game” than does RSE. $15M for each of 5 years equals $75M. It has been widely reported that RSE’s equity (or “skin”) is $45M. The proposal is that after 5 years, each side should have the option of deciding whether to continue, especially if one side or the other has accumulated over $50M in debt. That option, if it remains in the Agreement, would signal that RSE’s “enhanced revenue streams” did not perform as advertised. The city’s financial shortfall in this deal is of its own making. The current council will either be comfortable in its assumption that it can weather the effects of the shortfall or it will not. Continued insistence by the city on this provision destroys RSE’s ability to secure loans because it nullifies the very element they MUST have, which is a guaranteed $15M from the city.

agenda 1In my notes I have probably identified another two dozen minor issues that require further negotiation. Listing all would turn this blog into a book. I will not inflict that agony on you. It appears that with some further negotiation and communication this Agreement could work but it does not resolve Glendale’s fundamental issue of covering a monetary shortfall of $3M annually.

Many have asked me to reveal my position on this issue. That I will not do. I have provided you with financial information on the “enhanced revenue streams” as well as information on Glendale’s precarious financial position and Agreement points that need further resolution. Many of you reading this blog have expertise in business budgets and corporate negotiating. My role is to offer municipal expertise and to provide context to balance that.  It is up to you to decide if this is a good deal for Glendale.  This is exactly polling 1what every current councilmember is wrestling with. As leaders of this city they have the prime responsibility of insuring the continued financial health of the city. My feeling is that some are now struggling with recent decisions and recent votes and beginning to realize the effects of those decisions.

confusion 3Will this Agreement help or hinder Glendale’s continued financial health? Of course there is the overwhelming element of politics. Some councilmembers’ positions will be taken as a result of ego; others simply wouldn’t say ‘yes’ even if God invited them into the Pearly Gates; still others have only a partial grasp of the entirety of the deal. But it is not my call. I am no longer a sitting councilmember. Whatever their collective decision I will accept it and abide by it, as everyone should reasonably do.

Fasten your seat belts — if past history is any indication we are in for a bumpy ride. I hope that I am wrong but there may very well be challenges to this Agreement.

copyright

In my last blog $3,109,580 was identified as the shortage Glendale faces with acceptance of the Renaissance Sports and Entertainment (RSE) bid. This requires looking at the city’s overall financial health. A useful measurement is to look at the city’s General Fund “Ending Balance” (it may be called Contingency Fund or Rainy Day Fund). It will be helpful to refer to slides presented at the city council workshop of June 29, 2013. Here is the link:

http://www.glendaleaz.com/Clerk/agendasandminutes/documents/062813CoyotesandArenaMgt.pdf .

coins 1Some historical context is in order. In the early to mid 2000s Glendale’s economy, along with the rest of the nation’s, was robust. The arena had been built, Westgate was taking shape and growing, developers were buying land in the surrounding area and submitting development plans faster than they could be processed. When the national recession first took shape the city had General Fund revenues of $131,807,000 and maintained an Ending Balance of $49,338,000 (well over the city policy of 10%). All “expert” advice, at that time, projected a deep recession of 3-5 years and a slow recovery. Council had the choice of starting to make major budget cuts (including lay-offs) or using its Contingency Fund. It chose to use its Contingency Fund to avoid lay-offs and to weather the recession. Was it the correct decision? Obviously not, but “Hindsight is 20-20.” We now know that budgetary cuts should have been made then, just as municipalities all over the valley did, for cuts are cumulative and can help to alleviate the need for drastic cuts in the future. There were some budgetary cuts made at the time and employee furloughs were instituted but those strategies were not strong or deep enough and came too late to create the desired outcome. Those following the Coyotes saga no doubt recall former Mayor Scruggs complaining bitterly and saying that we were told that Glendale was different and no cuts were necessary. What was done was done but it set up the current fiscal crisis the city now faces. By the end of the decade with the national economy still in recession the previous council had learned a painful lesson and was committed to making budget cuts and began a plan to do so.

We come to the present. The city’s total General Fund revenues for Fiscal Year (FY) 14 are $161,500,000 and projected to increase by a mere $800,000 over the next 5 years (FY 18) to $162,300,000. In the intervening years there are General Fund revenue increases of nearly $18M but they are temporary increases based upon the raised sales tax due to sunset in 5 years. After the 5th year, FY 2018, the sales tax increase sunsets and the General Fund revenue will revert to the level of FY 14. The temporary sales tax increase was designed to do one thing only. That was to provide the city some breathing room while it continued to make budget cuts of $5M a year for 5 years totaling $25M over 5 years AND rebuild its Ending Balance to a minimum of 10% of its General Fund revenues. It WAS a sound plan and a plan that allowed for a hockey lease. It is not the plan of the newly elected council for there are only scheduled cuts of $4.8M in FY15 and $9.5M in FY18 for a total of $14.3M. That is $10M shy of the amount that is needed to replenish the General Fund and will present problems when the sales tax increase disappears—unless this council decides to continue the sales tax increase ad infinitum. I suspect that is exactly what will occur despite its sunset promise included to gain citizen voter support to ratify the increase.

Now add a couple of facts.  First, the Fire Department had a structural deficit of $3.5M this Fiscal Year, FY 14. It was fixed by budget amendments passed by council 6 weeks ago and on June 28th. It solved the problem—for this year only. Next year the Fire Department will face the same structural deficit of $3.5M with no direction given by this council as to where and how this money is to be found. Our contractsecond fact is at the June 25th voting meeting of Council a restructured contract with Southwest Ambulance was approved. (FYI: SW’s Martin Nowakowski, its Public Affairs Director, is a friend of Norma Alvarez and Sammy Chavira and supported both in their election bids) The old contract called for 2 ambulances that were in operation 5 days a week for 9 hours a day. The new contract calls for 3 ambulances in operation 7 days a week for 24 hours a day. It results in an increase of future expense to the city, in this contract of $1M. It is possible that SW may pick up $400,000 of the million dollars but there is still an increased contract cost of $600,000 that is a new city obligation. And it may interest you to know that city personnel assisting on these ambulances are paid overtime pay by Glendale. What a sweet deal. Council was briefed and was made fully aware of the increased cost to the city. Neither example of fact has corresponding cuts in other areas. In particular, the Southwest Ambulance vote passed without a single councilmember question regarding it. These two fiscal examples demonstrate that council still refuses to recognize the serious financial condition of the city.

The city’s Ending Balance for this Fiscal Year, FY 14, is $8M and equals only 5% of the General Fund revenues — not a good position in which the city finds itself. The good news, however, is that it does grow in the next 5 years and by FY 18 is $20.3M (or 12% of General Fund Revenues).

Why is the Ending Balance or Contingency so important? First, it is a measurement that bond raters look to in order to determine a city’s creditworthiness. It’s like an individual’s FICO score. The higher it is the lower the interest rate. It serves a second purpose in that it can be drawn upon in an emergency or when unexpected expenses occur. For instance, the $120,000 paid for a search of a new City Manager and the $500,000 for the audit as well as the Beacon consultancy contract were paid from Contingency as these were new, unbudgeted expenses. Contingency can be used to cover increases in the price of gas for city vehicles and it can be used to cover unplanned increases in medical premium costs. Right now, with only $8M in reserve, the city is living on the edge.

How does acceptance of the RSE bid affect the city’s Ending Balance (Contingency Fund)? Instead of $8M in reserve this year, it drops to $5.7M or 4% of the city’s revenues. By FY 18 instead of a healthy Contingency of $20M it is only $8.6M (in other words, in 5 years, it is exactly the same as today).

How does acceptance of the RSE bid affect the city’s budget? Its revenues do not change but its expenses have increased by $9M as the city goes from paying a $6M a year management fee to a $15M a year management fee. We must factor in the “enhanced revenue streams” and in doing so the city projects a $2.3M shortage for this budget year (FY 14). I have shown a figure of $3.1M which I believe to be more realistic. However, whichever figure is used, there is a shortage that has to be covered.

If the RSE bid is accepted there are only three ways that the shortage can be covered. Some explanation is required to better understand Option #3 offered below. The city established an escrow account by borrowing money from other funds, i.e., Sanitation, Vehicle Replacement, etc. It has $20M in it – not quite the full $25M owed to the NHL for the second year of arena management. If the RSE bid is accepted the NHL has publicly stated that they will accept payment of that $25M in installments of $5M a year for 5 years. The options are:

  1. question 3The city can make further budget cuts in FY 14 by reducing service levels to residents, cutting more employees or trying to find further efficiencies
  2. It can pay the shortage from the  Contingency Fund by drawing down the balance to $2 or $3M instead of the current $5.7
  3. It can use the $20M reserved in its escrow account, earmarked for the second NHL payment of $25M, and bring down the reserved escrow amount by paying the NHL $5M this year and covering only this year’s shortfall of $2-3M

Imagine yourselves as a current councilmember for just a moment—not a Coyotes fan or a Ken Jones aficionado—but as someone charged with sound financial decisions for the city. Would you accept or reject RSE’s bid? If you chose to accept RSE’s bid which of the 3 options would you choose? Would you reexamine this council’s current financial plan to make strategic cuts and perhaps save Westgate and its future or would you make a leap of faith and decide that an anchor tenant is not necessary? It’s in your hands. In my next installment I will review items within the RSE contract that remain problematical for the city and could be resolved with further negotiation.

copyright