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Joyce Clark Unfiltered

For "the rest of the story"

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

“It hasn’t been the easiest season for fans of the Arizona Coyotes. After poor on-ice performance, the departure of many beloved veterans, and the lingering sideshow of off-ice issues, the 2014-15 campaign has not been for the faint of heart.” This was written and published by Fiveforhowling.com three years ago during what was viewed as the coming “golden age” for the Coyotes under what was presumed to be a new era of stable leadership provided by IceArizona.

There is an old tale of an emperor in a parade. He was wearing no clothes. No one remarked upon this strange scene until the emperor passed in front of a young boy who blurted out, why is the emperor wearing no clothes? Suddenly it became acceptable for everyone to acknowledge that fact.

Under the ownership of IceArizona we experienced a similar situation with everyone fearful to state the obvious for fear of being ridiculed or worse. Glendale has pointed out that this emperor (IceArizona) is wearing no clothes and this concept is now acceptable to voice.

This is from a Dan Bickley Arizona Republic story(http://www.azcentral.com/story/sports/nhl/coyotes/2017/03/09/bickley-gary-bettmans-threats-backfiring-valley/98969022/ ) from 2 days ago, “But sports fans in the Valley are smarter than they look. The Coyotes have failed on their end of the bargain, running their franchise on the cheap while depending on handouts to survive. If this team had consistently exposed Arizonans to the majesty of playoff hockey over the past decade, this conversation would sound much different. Truth is, they haven’t done anything to warrant a second home on our dime.” He went on to say, “The Coyotes didn’t help matters in a press release blaming their current location for alienating their ‘premium ticketholders and ticket sponsors.’ What does that say to the people who currently show up to games with open minds and open hearts?” And open pocket books, I might add.

Even Craig Morgan, darling of the Coyotes organization and often perceived as its unofficial spokesperson, said this yesterday in his arizonasports.com article (http://arizonasports.com/story/1050773/morgan-coyotes-need-the-right-location-to-succeed-its-not-glendale/ ) “The hard truth for the team is that it has produced four winning seasons, three playoffs berths and two playoff series wins in 13 seasons in the West Valley location that welcomed it when nobody else would. Winning sells in any market, but it’s especially important in one as fickle as Phoenix. Repetitive losing is an unwise investment of fans’ dollars and emotions.” Morgan did acknowledge, “The Coyotes’ hirings, and their delay in releasing financial statements to Glendale per their agreement, raise questions about their commitment to the partnership…”

Craig Harris of the Arizona Republic in his story(http://www.azcentral.com/story/news/politics/legislature/2017/03/09/glendale-fires-back-arizona-coyotes-glendale-arena/98967020/?hootPostID=19ace9c56558711ce78486b73ec4649f ) from March 9, 2017 weighed in with this, “The new arena managers run the facility for one-third the cost. The team’s claims that it can’t be successful in Glendale came after the city in 2015 stopped subsidizing the Coyotes through a $15-million annual arena-management deal. “

The mainstream media has finally been willing to acknowledge that the emperor is not wearing any clothes. Certainly it appears that the Arizona legislature realizes that the emperor is wearing no clothes. Sadly, the fans, always the last to give up their allegiance to a team are also beginning to see an emperor with no clothes.

In 2013, everyone rejoiced in the prospect of a new era with IceArizona. Celebrations abounded among Bettman, the new team owners and the fans. Then no one, not Bettman, LeBlanc or the fans, rejected the Glendale/IceArizona deal with commentary that heck, Glendale was a lousy location. How soon we forget. They had a home that they welcomed then. They have a home now… if they only choose to bury the hatchet.

The fans are weary of an eight year drama with seemingly the only end in sight possibly being the relocation of the team outside of Arizona. They are weary of belief in anything the team spokesperson, Anthony LeBlanc, says after a series of incendiary and sometimes misleading public pronouncements. How will they feel if the coming season turns out to be the team’s last in Arizona? Will they bother to attend games? This coming year’s attendance could prove to be the worst one yet. Perhaps ownership will hold off on dropping the bomb until after the next season is completed. Who knows?

Two unanswered questions remain. Has the team paid off the $70 loan from the NHL? And where’s Waldo…er…Anthony LeBlanc?

It’s been a rough season for all…

© Joyce Clark, 2017               

FAIR USE NOTICE

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

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

In 2009 when Jerry Moyes put the Coyotes into bankruptcy NHL Commissioner Gary Bettman was desperate to save the situation. His worst nightmare would have come true if Moyes had succeeded in selling the team to Jim Balsille and the team was moved to Canada.

Then, as now, someone or something, had to be thrown under the bus…because, of course, it’s never the League’s fault or a team’s fault when a team goes south. Back then, Jerry Moyes went under the bus but deservedly so. Mr. Bettman said at the time, “The team hasn’t been particularly well run.” This time, Mr. Bettman, has no problem throwing Glendale under the bus, undeservedly.

What a difference a few years can make. A 2009 Financial Post story said, “There is a brand-new building in Phoenix,” Bettman said of the Jobing.com Arena, the Coyotes’ home in Glendale, a Phoenix suburb. “There are people that are supportive of the franchise and want to keep it there.” Here is the link: http://www.financialpost.com/m/bettman+coyotes+situation+phoenix+fixable/1617384/story.html .

Bettman also said at the time, “What you don’t do is just abandon places to go somewhere else because somehow you think you have a divine right to a franchise in a particular place.”  Doesn’t that beautifully sum up exactly what IceArizona has been doing? That certainly has been IceArizona’s attitude and why? Because LeBlanc, et.al., became angry and vengeful when Glendale pulled the plug on their annual $15 million dollar subsidy. It was not a “divine right.”

I’m not sure the general public knows where Glendale’s annual $15 million payment went. The ink was not even dry on the Glendale/IceArizona contract when IceArizona sent a letter to Glendale directing that the $15 million be sent directly to Fortress Investment Group, a major entity that loaned IceArizona money to buy the team. Did you know IceArizona’s owners put relatively little of their own cash up to buy the team? Between the 10 or so investors they managed to raise $45 million toward the purchase price of $170 million with the balance of the purchase funded by two loans–one from Fortress and one from the NHL.

It is finally beginning to dawn on everyone, including the media, where the real problems lie and it’s not the location of the team. It appears as if the management (owners) has literally been systematically raping the team of all of its talent. This is reflective of a string of poor management decisions occurring over the last several years creating a poor product on the ice. This is not to demean the players for there are some very talented men on Gila River ice. However, collectively, they don’t appear to “jell.”

Perhaps the last straw was the recent trade of Martin Hanzal. Martin Hanzal and Shane Doan were buddies…more than buddies, like brothers. They worked the same line on the ice for the team for years. They were a team and could read each other’s moves instinctually. Trading Hanzal had to have been a major shock and wake up call for Doan, indisputably the icon and unique symbol of this franchise. No wonder he is reported to have said that if the right offer were to be made, he would have to give it serious consideration. If and when Doan leaves or retires, his loss will cause many fans to abandon the team.

What about IceArizona’s marketing efforts? Do you remember when they first took over the franchise, there were major media buys and you couldn’t go through a day without seeing at least one Coyotes TV ad, and often more. Today, I bet most of us cannot remember the last time we saw a TV ad for the team. They’ve disappeared from the media market. It is simply a symbol of the lack of time, money and talent being employed to advertise the team and grow the fan base.

Bettman’s ultimatum sent shock waves throughout the Valley. He angered long-term, committed fans who are now voicing remarks like, “leave” or “bye-bye.” He has created enmity where there was none and the actions and comments of IceArizona have split the Valley apart. They have created a bitter pill that no one wants to swallow.

© Joyce Clark, 2017               

FAIR USE NOTICE

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

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

Has anyone else noticed that Anthony LeBlanc, presumably still CEO of the Coyotes, has been publicly missing in the latest Coyotes dust-up? Where is he? We’ve heard from the General Manager, the Public Relations people, even Gary Bettman and Andrew Barroway…but not a peep or sighting of LeBlanc? Has he been muzzled or given his walking papers? Hmmm…who knows?

NHL Commissioner Gary Bettman

It seems in the light of a new day NHL Commissioner Bettman is back peddling just a tad. Today, March 8, 2017 down in Florida he said the Phoenix area is a terrific hockey market. Yep, just follow the money, Mr. Bettman. Oh, again, by the way, has Ice Arizona paid the NHL the $70 million it borrowed to purchase the team, Mr. Bettman? Yet Glendale has proven its support with millions in cold, hard cash.

It seems you have drunk the IceArizona kool-aid and have joined in the mantra of blame Glendale for cancelling its long-term IceArizona arena management contract after 2 years. I guess you forgot about Craig Tindall and Julie Frisoni, City of Glendale employees who allegedly aided and abetted IceArizona while it was negotiating its management contract with the city. I guess you forgot that IceArizona allegedly represented that the city would recoup its $15 million a year payment by receiving “enhanced revenues” from parking fees, ticket surcharges, naming rights, etc.?

Did you know that IceArizona submitted its annual financial report to the city, kicking and screaming, at least 3 months after it was due? Did you know that while some of the financial numbers presented were audited numbers some of the critical revenue numbers the Coyotes claimed as proprietary and were not audited? Glendale was told trust us and don’t verify. As a result, each year of the 2 years the contract existed Glendale did not receive verifiable, audited numbers while it received revenues that never met the IceArizona representations…actually millions less than the represented numbers.

At what point did city council throw up its hands? After the alleged collusion between IceArizona and city employees? After it received revenues that in no way met the IceArizona representations? After the city’s inability to get verifiable, audited figures?

The city’s trust had been eroded by these alleged bad acts. Did you forget that these were the reasons why Glendale cancelled its contract with IceArizona? It’s so very convenient to point the finger at Glendale and say, it’s all your fault. You’re the bad guys because you cancelled the contract while conveniently ignoring or forgetting alleged prior bad faith acts on the part of IceArizona. And it’s so much easier to say that fans won’t come to games in Glendale.

How soon you forget. Remember the recent season the Coyotes made the play-offs? The arena was filled…it was magical…seas of white out shirts…fan excitement…distance to travel to a game didn’t matter to see a winning team. The real question to be asked by all is this…is this team now unprofitable because the product on the ice is bad and Valley fans are not motivated to go to the games anywhere they are held or is it, as you claim, because the East Valley will not travel to the West Valley to support hockey? I suspect it is the former reason.

Mr. Bettman, your ultimatum to the people of Arizona created a backlash that you cannot reverse or contain. You angered not just members of your fan base but the general taxpayer population as well. And guess what? You can’t put this genie back in the jar.

Here are just a few of the comments reported by the Arizona Republic’s Facebook page since Bettman and Barroway delivered their ultimatum of pay for a new arena or we leave:

  • ): “I have to say I am a huge coyotes fan. Every game I’m not at I’m watching. But I can tell you if you’re going to issue an ultimatum to the taxpayer to pay for your Stadium or you’re leaving. Then pack your bags and get out. You guys don’t put a winning product on the ice and you’re going to lose the face of the franchise as soon as you try to to trade him or he retires and that’s game over. So tired of sports teams thinking everything should be handed to them on a silver platter as if they provide some service to society that’s beneficial.”
  • “I’m a diehard hockey fan. However, I do not support tax payer funded playgrounds that billionaires benefit from. They make the money, we just pay for the playground and the. To also watch the games. There is not one instance where a publicly funded arena – for any sport – has left the municipality ahead. It is always to their detriment. Case in point Chase Field.”
  • “You might have a bargaining chip if you had a consistent winning team. People are drawn to winners. Start winning and more people will come. DO NOT blame your revenue problems on Glendale, when it is your own doing.”

Channel 12 TV news is running a current online poll with the question being, Has the time come to tell the Coyotes to leave Arizona?  Results as of this writing: Yes 67% and No 33%.

The Arizona Republic in a recent story cited the cost to taxpayers to have publicly funded the construction of sports venues in the Valley. The numbers are astounding and the total of $1.1 billion is just for the building of 4 existent sports venues:

  • Suns $90 M
  • Diamondbacks $354 M
  • Coyotes $220 M
  • Cardinals $455 M

The acknowledgement that IceArizona has lost millions annually does nothing, absolutely nothing, to convince taxpayers that IceArizona merits this kind of investment. Their losses do nothing to assure taxpayers that they can hold up their end of the bargain and will be able to invest $170 million of their own money, what money? into the deal.

To the team owners…it’s time for cooler, saner heads to prevail. Stop bad mouthing Glendale for your failures. Come back to the table. AEG stands ready to negotiate a mutually beneficial arrangement with you – one that is fair to all. That kind of arrangement will win the support of Glendale. It’s time to concentrate your energies on reviving superior management, a robust marketing strategy and a team that wins your fans back.

© Joyce Clark, 2017               

FAIR USE NOTICE

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

It has been 18 years and 116 days since the city’s pledge to build the West Branch Library.

I, as I suspect many other fans, was surprised and quite frankly shocked to learn of the firing of Coyotes General Manager, Don Maloney. Now, I am no more than a casual Coyotes fan, similar to many fans in the Valley. This season I watched games on TV and attended a few.

I have never been thrilled with LeBlanc and the current ownership group but what is, is. They are large and in charge – one adapts.

I first met Don Maloney when the NHL took over the team after Moyes’ declaration of bankruptcy. He impressed me then and he continues to do so. The NHL was never a hands-on manager and quite frankly, that allowed not only Maloney but Tippett as well, to fly…and they did. Sarah McLellan, sports reporter for the Arizona Republic, in an April 11, 2016 story, describes Maloney’s performance. Here is the link:

http://www.azcentral.com/story/sports/nhl/coyotes/2016/04/11/arizona-coyotes-seeking-new-leadership-gm-after-firing-don-maloney/82920744/ .

With him at the helm, the Coyotes went 326-291-87 and made three playoff appearances. The highlight came in 2012 as the team captured its first division title and advanced to the Western Conference finals for the first time in franchise history.

“After the 2009-10 season, Maloney was honored with the inaugural General Manager of the Year Award for assembling a team that achieved the organization’s most successful season to date. The Coyotes went 50-25-7 for 107 points and qualified for the playoffs for the first time since 2002.

“Actually, much of Maloney’s best work came after the team was dropped into bankruptcy in 2009 and managed by the NHL for the ensuing four seasons before the current ownership group purchased the club in 2013.

“Despite a hamstrung budget and limited resources, the Coyotes rattled off three consecutive seasons of at least 40 wins from 2009 to 2012.”

There is no doubt that Maloney is one of the best general managers in the business. From the outside, looking in, could it have been that Maloney had conveyed that he disagreed with the current direction and before he resigned, the owners fired him? Often these situations are handled more gracefully with a joint statement of a mutual parting of the ways.

Maloney got his direction and goals in running the organization from the franchise owners. Apparently when left to his own devices under the ownership of the NHL he succeeded. What direction did the new IceArizona owners give to him from 2013 onward that resulted in such a dismal performance?

LeBlanc, at a press conference announcing the firing said, “He absolutely has done a great job of laying the groundwork for the future. However, we believe a change in leadership is needed in order to move our franchise to the next level.” LeBlanc went on to say, “Ownership is completely committed to winning and winning long-term here in Arizona. Today was the first step in moving us to the next phase as an organization.” The question many fans are probably asking is what exactly is this next phase?

Maloney reacted to his firing with the following, “Ownership have (sic) the absolute right to hire the person they are most comfortable with to run their hockey organization. They felt a change was needed at this time. I have no hard feelings or regrets whatsoever.” There is no doubt that Don Maloney is a class act and a consummate gentleman. He is articulate and intelligent and worked miracles during the most turbulent times of the Coyotes’ history. From the outside looking in, the manner in which Maloney’s leaving was handled, was not a class act.

© Joyce Clark, 2016

FAIR USE NOTICE

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

It has been 18 years and 75 days since the city’s pledge to build the West Branch Library.

On February 26, 2016 Arizona Sports ran a story on Anthony LeBlanc’s reaction to Mayor Jerry Weiers’ remarks at his State of the City address. Here is the link:  http://arizonasports.com/story/566510/arizona-coyotes-ceo-glendale-may-want-us-to-stay-but-not-being-realistic/ .

In his prepared remarks with reference to the Coyotes the Mayor said, “I need to be clear about this. I want the Coyotes to stay in Glendale. The city wants the Coyotes to remain in Glendale. We have, since day-one, invited them to remain engaged in this process.”  In his recent remarks Mr. LeBlanc said this about the Coyotes’ refusal to engage in the bid process to manage Glendale’s arena, “…the team did not submit a bid to manage the arena because it refused to participate in a ‘flawed process’.” LeBlanc did not elaborate on his characterization of a “flawed process.”

Mr. LeBlanc went on to say, “I think they do want us to stay, but I don’t think they’re looking through a realistic lens of what that means.” Translate this statement to read that in his view “a realistic lens of what that means” is the Coyotes would only stay if Glendale continues to subsidize a portion of their annual loss. LeBlanc, et. al., may have retired their Fortress loan by adding additional owners but don’t forget they still owe a boat load of money to the NHL for another loan that covered buying the team.

What governmental entity is not only going to build a new hockey arena but also subsidize the Coyotes’ annual loss? It’s Glendale all over again. Tempe? Scottsdale? Probably not. Phoenix? Perhaps it can bury its subsidization of the Coyotes within possible plans to build a new facility for joint use by the Suns and the Coyotes.

The Coyotes want to manage their own facility. Then they collect all of the revenue generated by non-hockey events and they can claim a management fee that not only covers their cost to manage but off-sets their annual loss.

LeBlanc praised a recently approved deal between Broward County, Florida and the NHL Florida Panthers. The deal allows the Panthers to get nearly all of the arena revenue and reduces any profit-sharing between the Panthers and the county. Since the Panthers first season in 1993-94 the Broward county’s public subsidy of the team has been $342 million (an estimated $14 million a year). It should be noted that the Panthers lost $36 million last year and another $27 million the previous year. Of course LeBlanc would think that’s a wonderful deal. Reality is that the majority of NHL teams can’t survive without public financial support. That has been the model for years but many governmental entities are under financial pressure and can no longer afford this type of model. It is a model destined to die in the future as the public clamors for sports franchises to pay their own way.

LeBlanc said three options are still being discussed. They are a shared arena with the Phoenix Suns in downtown, a partnership with Arizona State University or an arena in Scottsdale’s Loop 101 corridor. Hey, if the City of Phoenix wants to pony up and pay the Coyotes to play downtown, congratulations to all. Previously the Suns and the Coyotes shared an arena downtown and it was the fans who suffered with terrible sight lines while watching the games.

Is the Arizona State Legislature delusional? It has budget problems. Will it allow a portion of its allocation of state public money to be used to pay for a new hockey arena instead of educational purposes? It seems doubtful that Scottsdale will wish to pay the Coyotes to play in their town. It would be déjà vu as they refused to do so in 2001.

LeBlanc said if a new arena is built it will take at least three years. He went on to say they would “rather not move twice in five years.” Here is where the situation becomes problematical. Glendale and IceArizona currently have a two year agreement that allows IceArizona to manage the arena for $6 million per year. The first year of that agreement is nearly up leaving only one more year of IceArizona’s management. After that it is assumed AEG, the presumed new arena manager, and IceArizona will have to negotiate short-term tenancy for two more years. Will they be able to craft a mutually satisfactory tenancy arrangement? Then the question becomes if IceArizona can live with the deal for two years, why can’t it live with the deal permanently? Can LeBlanc and company afford to rebuild its fan base in another part of the Valley while it continues to rebuild the team?

No matter what the outcome I continue to have greatest respect and admiration for the players. They have endured a great deal since Jerry Moyes put the team into bankruptcy in 2009. They are a great group of men who certainly deserve more stability than they have had. They deserve better. Let’s see if cooler heads can prevail and a deal that benefits all entities can be achieved permanently. Isn’t it time?

© Joyce Clark, 2016

 FAIR USE NOTICE

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

It has been 18 years and 49 days since the city’s pledge to build the West Branch Library.

The City of Glendale received 3 bids to manage its arena. The bids were from AEG Facilities, Comcast Spectacor and SMG. All are extremely reputable, large national companies, experienced in operating venues throughout the country. After senior management reviewed all 3 bids it recommended AEG to the city council. All of the discussion with council was done in executive session and the public is not privy to those discussions. On January 2, 2016 in its executive session council approved AEG and directed staff to negotiate a final contract over the next 60 days.

It is a very positive development. AEG can add another premier venue to its portfolio that is sure to benefit Glendale when AEG negotiates packages of venues with performers. It had previous experience operating the Gila River Arena from 2006 – 2009 and during that period it acquired some major performers: one that comes to mind is Bruce Springstein. It manages over 120 facilities worldwide and the majority is located in the United States.

What does that mean for the Coyotes? I, and many others, remain hopeful that AEG and IceArizona can negotiate a deal that benefits both. That still is the best option for all parties: the city, IceArizona and AEG. Anthony LeBlanc, an owner of IceArizona and its spokesperson, continues to play poker when discussing the situation with such recent comments as, “The good news is that all of the discussions we have had have been pretty open as have other organizations — be it the city of Phoenix or Tempe or Arizona State. Everybody has been pretty open that we have had discussions with and they have all been positive (www.arizonasports.com, Rodney Haas).” If this is his attempt to raise the ante with Glendale or AEG it doesn’t seem to be working. One has only to look back upon his previous history of blustery statements that were found to be less than forthcoming.

If the Coyotes are serious about moving there are still major hurdles to overcome. A new facility would not be available for at least 3 years. No matter whether is it Phoenix, Tempe or Timbuktu, pesky voters will have to be swayed to support the construction of yet another sports venue. Voters are becoming more discerning and will question the value of diverting precious tax revenue away from community needs and to another subsidized sports facility. In today’s day and age, it is not an easy sell as it once was.

Then there is the issue of location…location…location. Larry Feiner, a Coyotes fan, recently tweeted the results of an informal poll he did about the difficulty of the commute. His responses were split right down the middle, 50/50. Those fans who live in the east valley consider the commute to Glendale a hassle. Those fans who live in the west valley consider the commute to the east valley a hassle. The question for the Coyotes is will the ticket holders they pick up from the east valley offset the losses of west valley fans? All of the good will created among west valley fans could be lost. That is a question only the Coyotes will be able to answer. For the past 10 years the Coyotes have had a home in the west valley and it has served them and their fans well. It is a wonderful facility build exclusively for hockey. It is not to be dismissed lightly in a pique of anger because the city is no longer subsidizing losses to the tune of $15 million dollars a year.

I remain positive and believe that a successful accommodation can be achieved between all parties. Can the Coyotes?

©Joyce Clark,2016  

  FAIR USE NOTICE

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

It has been 17 years and 256 days since the city’s pledge to build the West Branch Library.

I spent some time reading the audit of the Coyotes released by the city on September 9, 2015. Here is the link: https://www.glendaleaz.com/auditor/documents/ArenaContractComplianceReview2015.pdf . The overall sense of the audit expresses the city’s deep frustration with IceArizona’s failure to provide all of the information required by the Professional Management Services and Arena Lease Agreement (PMSA).

Here are a few of the limitations utilized by IceArizona in responding to audit requests:

  • “City staff requested that the Arena Manager provide the City’s auditors and Consultant with a copy of the Team Owner’s financial statements. The Arena Manager denied this request.”
  • “The City’s auditors also requested an independent confirmation of the Team Owner’s 2013/2014 annual operating loss. The Arena Manager’s independent external auditors denied this request.”
  • “On March 13, 2015, the Team Owner issued a notice to the City of the Team Owner’s claimed operating loss for the ‘First Certification Period,’ as defined in the PMSA. The Team Owner provided no additional backup documentation, including Team Owner financial statements, for the city to verify the claimed operating loss.”

Much of the final audit findings are no longer applicable or relevant since the city council cancelled the original contract and negotiated an amended contract good for two years. The audit dealt with all of the revenue streams some of which are no longer applicable under the new temporary contract. However, there were quite a few potential non-compliance issues identified:

  • “Early Termination: The Team Owner’s June 30, 2014 financial statements were not provided to the City, prohibiting the City from verifying the Team Owner’s claimed operating loss. Additionally, the City’s estimate of the Team Owner’s 2013/2014 operating loss is greater than the Team Owner’s March 13, 2015 claimed operating loss based upon the information provided to the City and the Consultant by the Arena Manager. It appeared that the loss as reported to the City was not based upon the Team Owner’s financial results but was based upon the Partnership’s earnings before interest, taxes, depreciation and amortization from the consolidated audited financial statements.” The city had to subtract out the Arena Manager’s audited financial statements from the Partnership’s financial statements since they were not reported separately but all lumped together. The city calculated the Team Owner’s loss to be greater than what they reported to the city.
  • Naming Rights: The City was not paid their full share of naming rights under the 2006 Jobing.com Naming Rights Agreement, resulting in a potential underpayment.” Under the agreement the city was to receive 20% or $1.2 M a year ($60,000 a month). Instead the city received $55,540 for the year. Unilaterally IceArizona said if Jobing.com pays us less, the city gets less. They also independently revised the definition of what components made up the naming rights and told the city that it was not entitled to some of those revenue components.
  • “Qualified Tickets: The number of paid admissions reported by the Team Owner to the NHL was higher than the number of paid admissions reported to the City, resulting in potential surcharge and supplemental surcharge fees still due to the City estimated at $39,640.” The number of paid admissions reported to the city was 533,856; the number reported to the NHL was 542,665 ( a difference of 8,809). The number of complimentary tickets reported to the city was 43,762; the number reported to the NHL was 34,953. The city should have received an additional $39,640.50 for the unreported 8,809 tickets.
  • “Supplemental Surcharge Fees: The Arena Manager did not establish a Supplemental Surcharge Escrow Account in 2014/2014 and deposit funds into the account as required by the PMSA. The Arena Manager wired the entire amount of supplemental surcharge fees that were collected throughout the year to the City on July 9, 2014.” Again, because of the discrepancy in reported ticket sales the city did not receive all supplemental revenue to which it was entitled.
  • “Annual Financial Reports: The City did not receive the Arena Manager’s audited financial statements, which were due September 30, 2014, until February 25, 2015. The Team Owner’s annual financial statements were not reported to the city. The Arena Manager’s independent external auditors were unable to confirm the Arena Manager’s and Team Owner’s 2013/2014 revenues and expenses to the City.
  • “Sales Tax: The Arena Manager and the City have not clarified responsibilities regarding the collection and remittance of sales tax, potentially resulting in unremitted sales taxes on certain Arena revenues.”
  • “Annual Budget: The Arena Manager submitted the 2013/2014 annual budget to the City late on March 25, 2014. The budget was due within 30 days of the closing date of the PMSA.

What does all of this government-speak mean in plain English? The city was frustrated because IceArizona was very late in submitting their audit and IceArizona played games with the report they submitted. The city was put in the position of finding the hidden pea under three cups. The city was conned. IceArizona’s game playing shouldn’t come as any surprise. After all, look at with whom they surrounded themselves…Craig Tindall, Julie Frisoni and Gary Sherwood…who appear to be three little peas in an ethically challenged peapod.

The city didn’t care about the profit and loss statements of the IceArizona partnership. It wanted and didn’t get, two, separately and independently verified audits of IceArizona as the arena manager and IceArizona as the team owner. The city suspects that the annual loss was greater than IceArizona reported but without those two audits the city can surmise but not verify their suspicion. The city was underpaid on ticket sales and the related surcharges that flowed from the ticket sales. The city was underpaid on naming rights because IceArizona unilaterally changed the rules of the game. Finally, the city may also have been underpaid on sales tax revenues generated within the arena.

After having seen the results of the audit is it any wonder that a majority of council cancelled the original agreement? It also lends credence to council’s decision to move forward with putting the arena management contract out for bids. IceArizona has demonstrated an unwillingness to share crucial information, financial or otherwise. They have flexed their muscles as the “big boys” and have shown considerable distain for the city and the taxpayers whose dollars keep them alive.

IceArizona, just like any other entity, is free to submit a bid but based upon their past performance. They will have to clean up their act considerably to be considered seriously.

© Joyce Clark, 2015

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It has been 17 years and 235 days since the city’s pledge to build the West Branch Library.

On Tuesday, August 25, 2015 the Glendale city council will go into executive session. One of its topics is sure to be council’s setting of goals for and approval of a Request for Proposal (RFP) for future management of Glendale’s arena. It is a good move.

An RFP will provide information on what is the fair market value for management of its arena. The previous RFP yielded results that indicated that a fair management fee was in the $6 million dollars per year range. Those results can lead to a totally independent firm managing the arena and removing that responsibility from the Coyotes. It sets up a scenario that has the Coyotes as tenants only.

One area that will have to be resolved is that of the parking fees. Apparently under the temporary 2 year agreement the Coyotes continue to keep parking and ticket surcharge revenues. Why? These schemes…for that’s what they were…were created specifically to generate revenue for the city. They were designed to reimburse the city for the $15M a year it was paying as a management fee.

The  amount generated was approximately $8-$9M a year, not enough to cover the $15M annual management fee. Ticket surcharge revenues had always gone to the city even before the latest agreement with IceArizona. In all previous agreements there had been an escalator clause that incrementally raised the surcharge annually.

Whether the arena manager is a new entity or the Coyotes, it’s time to deal with these surcharges to the benefit of the city. Either parking is once again free as it had been before IceArizona or the parking revenue, if utilized, should go to the city. The same can be said of the ticket surcharge…either it goes away entirely or the revenue goes to the city. If the surcharges were to go to the city and the city continues to pay a $6M annual management fee it is possible that the city may actually cover that annual cost and perhaps generate some revenue to be used for the benefit of Glendale’s citizens. Now, that’s a nice thought, isn’t it? Glendale’s taxpayers have been subsidizing the arena for quite some time. It would be wonderful if the arena actually made some money. It’s time for the city to play hard ball and to stop giving away the farm.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 214 days since the city’s pledge to build the West Branch Library.

On July 24, 2015 at a special voting meeting the Glendale City Council unanimously passed Ordinance 2949 and the First Amendment to AMULA Final. With these actions the city and Ice Arizona agreed to dismiss all lawsuits and also settled the issue of the million dollars sitting around in a special escrow account as a result of the 2009 bankruptcy filing.

Before the Kumbaya vote Anthony LeBlanc, spokesperson for the ownership group said, “We’re not going to renegotiate…never, never, never.” Oops. The afternoon of the fateful vote in a radio interview with Roc & Manuch, LeBlanc was heard to say, “We haven’t been open with them (the city).”And, “We haven’t been good communicators.” And, “They’ve done well for the taxpayers. They’ve got a win.” When asked if Ice Arizona would consider buying the city’s arena, LeBlanc said about arena ownership, “That’s not the business we’re in.” Should we believe him in light of his long history of “erroneous” statements?

Councilmember Gary Sherwood, IceArizona’s staunch advocate, in an earlier, same day radio interview (July 24, 2015) with Roc & Manuch, said that he had publicly staked out a position that “he was not going to vote.” We can assume his action was to be a public display of disapproval for council’s treatment of his good friends, the IceArizona owners. In his traditional flip-flop fashion, he reversed himself with a little help from his friends. He revealed that the night before the vote “he had discussions with ownership” (presumably Anthony LeBlanc). His remark is interesting in and of itself for the only meeting council had prior to the vote was an executive session on July 20, 2015.  Did he share the conversations and results of that executive session with his good friend LeBlanc? Sherwood went on to say that “ownership wanted a 7-0 vote in support of the new deal.” Always willing to oblige his friends, Sherwood did a 180 and not only voted but voted in favor and made sure his pal, Councilmember Sammy Chavira did as well.

There has been considerable opining in the news media and on social media as to whether this is a good deal…for anybody. I contend that it is a good deal for Glendale if for no other reason than a $197 million dollar liability is gone…poof! That action should warm the hearts of the bond rating agencies. That figure represents the annual lease payments for the balance of the original lease management agreement.

The city gained in reducing the management fee to $6.5M from the original $15M annually. The actual language is: “10.1. Management Fee. Commencing on the Amendment Effective Date, and during the remainder of the Term, in consideration of the Arena Manager’s agreement to perform the management and other services set forth in this Agreement to pay all operating and maintenance costs associated with the Arena Facility (other than capital costs as provided herein), provided there is no breach by the Team Owner of the obligations under the Non-Relocation Agreement or a material breach by the Arena Manager of its obligations under this Agreement, the City shall pay to the Arena Manager, by wire transfer of immediately available funds to an account specified by the Arena Manager, the annual Management Fee in the amount of Six Million Five Hundred Thousand Dollars ($6, 500,000), paid in quarterly (on a three calendar month basis) installments in arrears on or before each October 1st, January 1st, April 1st and July 1st during the Term.” The city was losing an estimated $8+M a year under the original lease agreement even with the shared revenue it received. This management fee is budgeted within the city budget for Fiscal Year 2015-16.

The city also won two important concessions. It now has its own “out” clause with this agreement which ends in two years, in 2017 with recognition that “19. Termination Date means June 30, 2017.”  It now has the freedom to choose its own arena manager in a year’s time as stated, “46. Change of Manager. Notwithstanding what may otherwise be proved in this Agreement or in this Amendment, the City shall have the option to replace the Arena Manager at any time after June 30, 2016…” Everyone hopes the city will craft an RFP immediately and put it out on the street in a time frame appropriate to exercising that option.

The city achieved what can be considered as payback. IceArizona will no longer use former City Attorney Craig Tindall or former Assistant City Manager Julie Frisoni in any capacity including as a consultant. It is in #4 of the Settlement Agreement which states, “No Other City Employee Involved with Arena Agreement. The Parties represent and warrant that, as of the Effective Date, to the best of their individual and collective knowledge, information, and belief, no other former employees of the City, other than Craig Tindall or Julie Frisoni, have become consultants to or employees of IceArizona, in any capacity, since July 8, 2013. Ice Arizona represents and warrants that neither Tindall nor Frisoni has, in any way and to any extent, no matter how substantial or insubstantial, been involved in initiating, negotiating, creating, drafting, or securing the First Amendment. In reliance on these representations and warranties and those in Section 6, the City, City Council, City Manager, and City Attorney, collectively and individually, represent and warrant that they will never in the future seek to cancel or void the Arena Agreement of the First Amendment based o the involvement of Tindall or Frisoni, no matter how substantial or insubstantial, in initiating, negotiating, crating, drafting, or securing the Arena Agreement or the First Amendment on behalf of Glendale, so long as Tindall and Frisoni are not employed or retained as a consultant by IceArizona or any of its affiliates, divisions, parent entities, or subsidiaries.” The language is quite specific. That is just plain Karma for Tindall and Frisoni.

Did IceArizona get anything out of the deal? It stopped a lawsuit in which ultimately the city would have prevailed. Note that the new deal contains a lot of verbiage enjoining the city from suing IceArizona, ever, for any reason, regarding Tindall and Frisoni. The major gain was that it bought IceArizona time…time to decide its future. If the owners cannot put a decent team on the ice this year their future is bleak and they know it. It’s not a matter of distance that fans must travel to a game. That rationale has been over used. When teams win people will eagerly travel long distances to watch the winner. A team that is a contender also fills seats in suites and attracts more expensive advertising dollars…the lifeblood of any team. Each extra playoff game earns in the neighborhood of a million dollars and can spell the difference between a bottom line in the black and a bottom line in the red.

Another important issue finally resolved is that of distribution of the bankruptcy Operating Reserve Account as follows: “10. The Parties acknowledge and understand that in the Bankruptcy Settlement, subject to approval by the Court, the Bankruptcy Lawsuit (the “Bankruptcy Court”), the Operating Reserve Account shall be distributed as follows: $350,000 to the City, $10,000 to the David Reaves, Chapter 7 Trustee of the Arena Management Group, L.L.C., and $640,000 to Ice Arizona.”

In the same radio interviews, Sherwood stated that he wants “to see a new contract (with IceArizona) in 6 to 9 months, by April of 2016.”  LeBlanc stated IceArizona “wants a contract extension immediately” to bring “certainty.” Obviously it is an option both parties will need to pursue. Let us hope they can be successful in crafting a lease extension that is not build on the backs of Glendale’s taxpayers. No one can object to a lease agreement that is fair and equitable.

Be advised it doesn’t matter what the action or situation is, municipal governments do not move quickly. While an immediate contract extension is IceArizona’s goal, the caution is to not become frustrated if the action is not completed quickly. I learned this lesson the hard way. When I first joined city council I had ideas for projects in my district. I mistakenly thought they could be accomplished instantly. Not so. I became satisfied if a project could be completed within a year. It’s the very nature of government. All action is slow, overly deliberate, and far more complicated than it often needs to be.

Everyone appears to be relieved the issue is resolved for now. Let’s hope this positive action leads to further positive outcomes for both parties.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 201 days since the city’s pledge to build the West Branch Library.

A July 8, 2015 article in the Glendale Star by Darrell Jackson highlights “coincidences” between Councilmember Chavira’s actions and decisions as an elected official and campaign contributions he recently received. Here is the link:  http://www.glendalestar.com/news/article_85b74584-25a1-11e5-95e3-6f2610f801ba.html .

Before reviewing his recent bout of troubling “coincidences” it’s time for another history lesson. I admit to bias. In 2012 Chavira defeated me in the election for the Yucca district seat. He had a lot of support from the Maricopa County Democratic Party #1049 which donated $10,000 to his campaign. He had former Glendale Councilmember Norma Alvarez as well as that of Danny Valenzuela, a Glendale firefighter currently serving on the Phoenix City Council, to thank for the Dems support. Although I am sure Alvarez regrets her support of Chavira when he broke from her and voted against her positions on issues. As a Phoenix firefighter he received thousands of dollars from firefighter union chapters as well benefitting from their independent expenditures on mailers, flyers, signs and manpower. He also received tremendous support from the Hispanic community and used “dreamers” almost exclusively as his foot soldiers. He outspent me in the order of $5 to $1.

During that election cycle some elements of his questionable past actions became public. Just prior to the 2012 election Sammy and Danny were members of the National Association of Hispanic Firefighters (NAHF). Sammy was removed as a Vice President and both men resigned because they allegedly bore responsibility for loss of funds from an NAHF fund raising event. The event may have made money but not for the NAHF. All it received were the bills.

That specific NAHF event was produced by the Phoenix Monarch Group (PMG): Art Jimenez and Tony Herrera. Herrera, a firefighter, has his own business, One Consulting, and also had a  business relationship with Chavira’s wife (and Chavira). Sammy and Danny advocated for hiring them to run the event. Apparently a lot of “funny stuff” happened with scenes (ala the Mafia) of Sammy apparently riding around in a golf cart with Herrera collecting money from the vendors…money never seen again or accounted for to the NAHF.

The Phoenix Monarch Group’s history has a lot of its own question marks. Prior to IceArizona’s successful acquisition of the Arizona Coyotes PMG appears to have had former Mayor Scruggs and former Councilmember Alvarez as advocates as they attempted to secure a contract to manage Glendale’s arena. All of the relationships mentioned are entangled like a giant ball of snakes. It seems as if Sammy’s previous ethical “coincidences” turned out to be precursors’ of his current ethical “coincidences.”

Sammy received a contribution of $500 on February 2, 2015 from Nicholas Wood.  Wood is also one of IceArizona’s stable of legal counsels. On June 10, 2015 the city council voted 5-2 to cancel the IceArizona management contract for the arena. Sammy just happened to be one of two votes against cancellation. Hmmm…

Then on March 23, 2015 Michael Curley (recently deceased) who represented the Bidwills on many of their projects in Glendale, including Sportsmen’s Park East and West, donated $500 to Chavira. A day later, on March 24, 2015, the city council workshop included a discussion of the infamous, Taj Mahal Westgate parking garage. Chavira seemed to have no problem with sticking the cost of this over priced garage to Glendale taxpayers. Hmmm…

Here’s one to watch. Jacob Long, son of deceased John F. Long, is nearly ready to make application for rezoning of a large parcel of land south of the Grand Canal to Camelback Road, 83rd Avenue to 91st Avenue. Unless, there are some changes to the zoning plan by Long, neighbors will not be happy and can be expected to protest this one. On February 23, 2015, Long made an yet another contribution to Chavira of $500 bringing his cumulative total to date to $930. Hmmm…

Yet another example of a Chavira’s “coincidence” is recent contributions from firefighter unions. At the April 21, 2015 city council workshop Chavira read a prepared stump speech in support of the Glendale firefighter union request for more funding. A few days later, on April 23, 2015, Phoenix Fire Fighters Local 493 (Fire PAC) gave Sammy $1,000 followed by April 27, 2015, donations of $1,000 from the Peoria chapter and $1,000 from the Tempe chapter. You would think he bears a conflict of interest. Hmmm…

Does it seem that Sammy is ethically challenged? Does it seem to you that his relationships seem questionable? Does it seem that if you have enough money to play he will advocate for you? Does it seem that Sammy is not making decisions in the best interest of Glendale but rather in the best interest of his campaign contributors…Becker billboards…a flip-flop from his campaign platform of denial to approval of the IceArizona contract…no vote on IceArizona contract cancellation…advocacy for more money for firefighters with the use of scare tactics…making the temporary sales tax permanent? Hmmm…

© Joyce Clark, 2015

FAIR USE NOTICE

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