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Joyce Clark Unfiltered

For "the rest of the story"

It has been 17 years and 96 days since the city’s pledge to build the West Branch Library.

On March 25, 2015 the Glendale Star ran a story on the elimination of the city’s General Fund debt payable to the city’s Enterprise Funds (water, sewer, sanitation and landfill). Here is the link:  http://www.glendalestar.com/news/article_4fd7f4dc-d181-11e4-b56b-93c81bbb5cc5.html .

In an effort to buy additional time to secure a buyer for the NHL Coyotes who would pledge to keep the team at Glendale’s Gila River Arena, a previous city council approved borrowing $15 million from the city’s water and sewer funds, $40 million from its landfill fund and $5 million from its sanitation fund. The revenue was used to pay the NHL to manage the arena for two years while the process of finding a team buyer continued. At the time council also approved a repayment plan, using General Fund revenue to pay the Enterprise Funds back with interest. It was a solemn pledge and a commitment that the previous council never anticipated future councils would renege upon. The unthinkable is about to occur. At a recent workshop following the recommendation of Tom Duensing, Glendale’s Finance Director, a majority of council plans to do exactly that.

When Councilmember Tolmachoff asked what would be the consequences of such an action, Duensing replied, “You could do it a number of ways: you could do rate increases, you could defer maintenance, you could cut your operating costs.”

There were questions unasked that still demand answers:

  • While this action might make the general fund balance sheet look better, what impact does it have on the balance sheets of water and sewer, the landfill, and sanitation?
  • By recording the former “loan” to a fund transfer, doesn’t it reduce the assets on the balance sheets of those funds?
  • How does the reduction in financial assets impact the bond ratings of the water and sewer fund and the landfill fund?  While the proposed action may assist in the General Fund bond rating, doesn’t the converse action harm the Enterprise Funds ratings?
  • Doesn’t this action reduce the funds available to water and sewer for maintaining and upgrading the water and sewer systems? Duensing in his answer to Tolmachoff implies that it does.
  • If the Council approves this action, doesn’t that mean that a water and sewer rate increase will be necessary and supported by the Council? If a rate increase occurs, it looks like we can lay the evaporation of a pledge to repay the Enterprise Funds at the feet of retaining the hockey team as an anchor tenant at the city owned arena.

Duensing’s proposal is moving the pea underneath a different shell. It’s a magical, accounting trick designed to satisfy the rating agencies. The problem is that it sets precedent. Who, whether it’s a developer, a citizen or a company doing business with the city, will trust in the city’s word if it is willing to renege on paying a debt? If a water, sewer or landfill rate increase is proposed and adopted by this city council citizens will have every right to be angry for it will be driven by a broken promise to reimburse the Enterprise Funds. Glendale rate payers of the water, sewer, landfill and sanitation services will have every right to assume that any proposed rate increase is driven by money borrowed from these funds and paid to the NHL to run the arena for two years.

Duensing appears obsessed on building up the city’s reserve funds (contingency). While building the city’s reserve back up is necessary and critical his solutions are to keep the sales tax increase permanent and now, to raise Glendale’s property tax rate by 2%. He appears to have only two tricks in his bag.

Sterling Fluharty of the Glendale Star in writing an article entitled City decides not to cut taxes, in its online edition of April 6, 2015, reports, Glendale City Council had few objections two weeks ago when the acting city manager and financial director announced they were abandoning plans to lower the sales tax rate and making preparations for raising property taxes. Here is the link: http://www.glendalestar.com/news/article_b6c5e5e6-dc99-11e4-8961-4fb07a583a64.html#.VSNVhK1dGb8.twitter .

Last December Duensing was still pitching lowering the sales tax rate. Fluharty in his article states,  Duensing published a five-year financial forecast that month (December, 2014) that assumed the council would approve annual reductions, making the sales tax rate 2.85 percent in 2015-16, 2.825 percent in 2016-17, 2.8 percent in 2017-18 and 2.775 percent in 2019-20.” What information does senior management and the council have (not shared publicly) to cause them to not only reject a reduction in the sales tax rate but now to increase the property tax rate?

Since the new council was seated in January, 2012, adopting Duensing’s recommendations it has:

  • Made the increase of 2.9% as a temporary sales tax increase permanent
  • Approved a management agreement paying IceArizona $15 million a year
  • Will approve construction of a parking garage at Westgate for $46 million + over 3 years
  • Will approve a 2% increase in property taxes

Where is the council commitment to cut expenses and to live within the city’s means? It seems their only solutions to solving the city’s ongoing financial problems is to keep the increased sales tax rate and now to raise the property tax rate.

Over the next 3 years the General Fund will have to absorb an additional $46 million plus as brand new debt. That figure does not include the ongoing debt for the baseball park, the Westgate Media Center and is parking garage, the Westgate Convention Center, the annual $15 million payment to IceArizona and the construction debt on the arena and the Public Safety Training Facility…as well as other debt I have failed to include.

During council’s discussion of a property tax increse while the sales tax increase does not diminish Mayor Weiers said, “At least we’re giving our citizens something, certainly in the right direction, anyway.” What exactly are the Mayor and council giving to its citizens? A screwing? It appears the right direction for Mayor Weiers and this city council is to raise yet another tax.

©Joyce Clark, 2015

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Earlier today, March 27, 2015 I made a Public Records Request for information relating to an allegation that Assistant City Manager Julie Frisoni may have violated the state’s Conflict of Interest law. Before the close of business today I received the information I had requested. I want to publicly thank Darcie McCracken, Deputy City Clerk, for the excellent and immediate service I received.

The information I received begins with a letter dated February 11, 2014 sent by Frisoni to Michael Bailey, City Attorney and copied to Jim Brown, Director of Human Resources and to then City Manager Brenda Fischer. In her letter she stated that Councilmember Alvarez had been harassing her and creating a hostile work environment for a month. She stated, “This merchant (from Glendale) told our staff today that CM Alvarez told him that I was going to be fired because of my unethical dealings in relation to purchases from a company that my husband works for.” She went on to say, “My understanding is that she (Alvarez) is violating the council code of ethics, as well as the council code of conduct.” She asked for an immediate investigation to remedy the situation and to be advised of the next steps.

Two days later, February 13, 2014 Brenda Fischer sent an email to Frisoni and copied Jim Brown and Michael Bailey. Fischer indicated that after receiving a councilmember complaint she directed Bailey to “research this matter” and based upon Bailey’s review she considered the matter closed. She attached a memo from Bailey with his conclusions. Bailey’s February 13, 2014 memo said, in part, “From his (Shumway) job title, he does not appear to be involved with public sector sales. Based on this cursory review, I did not find any information to indicate that Mr. Shumway was involved with or benefitted from Glendale’s contracts with Insight Public Sector.” He went on to say, “We were not provided nor discovered any evidence suggesting a conflict of interest. Please note that this review was cursory in nature; a more formal review and opinion would require information that isn’t publicly available.”

Fischer’s and Bailey’s conclusions are troubling because of the perceived lack of due diligence by Bailey in investigating the allegation. He said, “On-line information indicates that Mr. Shumway is vice president, information systems-application development at Insight.” He stated, “Based on this cursory review, I did not find any information to indicate that Mr. Shumway was involved with or benefitted from Glendale’s contracts with Insight Public Sector.” As you can see, Bailey appeared to have done on-line research and used that as the basis of his legal opinion. There also seems to be a lot of CYA on Mr. Bailey’s part with words such as “my understanding is” and it “appears.” As any good “jail house attorney” knows, those are wiggle room words. However, a February 20, 2014 letter by Frisoni to Jim Brown and copied to Fischer and Bailey indicated that she was satisfied and stated, “I am satisfied with the current action that has been taken…”

Hold on…not quite so fast…On March 3, 2015, a year later, Councilmember Bart Turner sent an email to Mayor Jerry Weiers, Acting City Manager Dick Bowers, City Attorney Michael Bailey, Vice Mayor Ian Hugh and Finance Director Tom Duensing. Prior to voting on the issue of a payment increase in the Insight contract he asked for an explanation of, “it appears that the increase in the contract is significantly higher than the base ($138,000) without any explanation for what we receive for the additional expenditure.” He made clear that he was not accusing Frisoni of any conflict of interest. He then stated, “In reviewing the conflict of interest disclosure file at the City Clerk’s office I notice there is no non-conflict statement on file from Ms. Frisoni as there are for several other city employees who may have a perceived conflict of interest due to family or personal ties to city business.” There is the answer we were seeking. Ms. Frisoni did not file a Conflict of Interest Disclosure about her husband’s company bid on and securitization of a multi-million dollar contract from the city.

Three days later, on March 6, 2015, Frisoni asked for specific statements attesting to her non conflict of interest. Director of Finance, Tom Duensing specifically asked Chuck Murphy, Chief Information Officer if Frisoni improperly influenced the Insight Public Sector bid. Murphy attested to the fact that it did not occur. Duensing did not offer any assurance. Frisoni then sent their emails to the City Clerk’s office.

Apparently Bailey requested a statement from Frisoni. In response on March 11, 2015, she sent an email to Bailey. Her opening stated, “Pursuant to your request, I am providing information regarding my association with Insight…” It appeared that this email was requested by Bailey to tie up loose ends in an effort to counter and to satisfy Councilmember Turner’s observation that Frisoni never signed a Disclosure. As an addendum within Arizona Revised Statues, Chapter 8, Conflict of Interest there is a specific Disclosure form provided. To this day she has not signed one. She should have erred on the side of caution, given her position within the city’s senior management, of signing such a form. It’s a good thing that she didn’t sign one now and backdate it. We all remember a previous backdating by 4 councilmembers, Eggleston, Martinez, Frate and Goulet that resulted in indictments for them and City Clerk Pam Hanna…all of which were dismissed on a technicality.

Frisoni said over and over in her correspondence that she did not influence or interfere with the City’s bid process and that appears to be true. But it doesn’t answer the question of whether or not she gave advice on that specific bid process to her husband to be passed on to Insight’s bid team. That we will never know.

Frisoni, through her actions, probably earns a zero for ethics. Even though it seems apparent that neither she nor her husband immediately benefitted financially from a successful bid, that’s not the point. It’s a matter of doing the right thing even if no one notices or acknowledges it. In a situation offering even the slightest perception of conflict it would have been prudent of her to disclose that her husband works for a company involved in a very lucrative bid with the city. It would not have hurt anything and would have enhanced her ethical standing. Many people are of the opinion that’s just not her style.

© 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.

March 19, 2015….17 years and 78 days without a West Branch Library

Please note: From now on my header will contain the length of time West Glendale has been waiting for its long promised library.

It’s only been a few weeks since former City Manager Brenda Fischer resigned and her “publicists” remain hard at work. I have no doubt there will be more positive stories planted in the local media about the “great job” Fischer did in her 17 months in Glendale.

On March 13, 2015 Eric Jay Toll authored an article entitled “The two sides of the Fischer-Weiers split” in the Phoenix Business Journal. Unfortunately unless one has a paid subscription one cannot read the entire article as the website only posts a paragraph or two. As luck would have it, my neighbor does subscribe and gave me his copy.

There was one very notable quote in the article. “Brenda Fischer was good to employees, and she was good for business in the city,” said Glendale Firefighters Association President Joe Hester. “When she left, it was an extreme disappointment. I’ve worked with a number of city managers and she was the first one I’ve worked with who was fully transparent, operated with integrity and had a word that could be trusted.”

Is Joe Hester implying that Interim City Manager Dick Bowers is not “fully transparent,” does not “operate with integrity” and his word is not to “be trusted?” After all, Hester states categorically that she was the first city manger that he worked with who embodied those qualities. Dick Bowers, former City Manager of Scottsdale for many years, is a person with an impeccable reputation of the utmost integrity, transparency and trust. If I were Mr. Bowers I would be none too happy with Mr. Hester’s remarks.

Hester has only been President of the Glendale Firefighters Association for a few years. As president of the union he did not work with Dr. Martin Vanacour, Glendale’s City Manager from 1985 to 2001. If he worked with Glendale’s next City Manager from 2001 to 2012, Ed Beasley, it was for a very brief time prior to Beasley’s departure. So who did Hester work with? That leaves Horatio Skeete, City Manager for about 4 or 5 months in 2012; Dick Bowers for approximately 8 months in 2012 to 2013; Brenda Fischer for 17 months from 2013 to 2015; and now Dick Bowers again. It appears that the number of city managers with whom Hester has worked is three. His characterization of a “number of city managers” would lead one to believe that there have been scads of them. Hmmm.

Then again, of course Mr. Hester was delighted to have Fischer as Glendale’s city manager and why not? Ms. Fischer’s husband was, and may still be for all I know, a firefighter in Henderson, Nevada. It is understandable that Ms. Fischer’s natural bias would be in favor of the firefighters. Wouldn’t Hester feel he had a sympathetic ear when it came to firefighter goals and issues?

Mr. Hester also stated that Ms. Fischer was “good for business in the city.” Perhaps he should have checked with Robert Heidt Jr., President and CEO of the Glendale Chamber of Commerce. I don’t think anyone has forgotten Ms. Fischer’s temper tantrum directed at Mr. Heidt at the Yard House restaurant…a very public place.

Mr. Toll’s headline for his article, “The two sides of the Fischer-Weiers split” implies that Mayor Weiers was responsible for her leaving. Not so. Ms. Fischer was capable of causing it all on her own. Her actions including promoting Julie Frisoni as Assistant City Manager when she was unqualified for the position at the time; her very public berating of the Glendale Chamber President; her perceived advocacy for one councilmember’s (Gary Sherwood) agenda; and her brazen request for three sitting councilmember’s emails were more than enough to sour a majority of council on her leadership.

Many have come to the conclusion that Ms. Fischer orchestrated her own demise as Glendale’s city manager.

© 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.

There’s certainly been a lot of news concerning Glendale this week:

  • On February 20, 2015 the group led by Anna Lee filed the necessary paperwork once again to recall Councilmember Gary Sherwood of the Sahuaro district. The group’s first effort was denied by the city on various grounds. Consider their first effort a life’s lesson. They now know exactly what eyes to dot and tees to cross. Expect them to gather the necessary signatures to compel the city to call for a Sherwood recall election. If you would like to sign the petition (must live in the Sahuaro district)  and/or help gather signatures please call 602-657-0303 and your call will be returned.
  • The city council accepted former City Manager Brenda Fischer’s resignation effective April 3, 2015. Her request of the emails of only 3 councilmembers may have been the last straw for council.
  • The city council appointed former Scottsdale City Manager Dick Bowers as Glendale’s Interim City Manager. Mr. Bowers has filled this position before during the last search by council for a city manager. One of his first decisions was to retain the services of Jon Froke as the city’s Planning Director.
  • Mayor Jerry Weiers, on Friday, February 20, 2015 issued the following statement regarding the proposal to sell Foothills Library and relocate it to the Foothills Recreation and Aquatic Center:

“Over the past few weeks, the citizens of Glendale have voiced their opinion regarding the proposed relocation of the Foothills Branch Library. Their voice has been almost entirely united in opposition to the proposal. While I share their concerns and am personally opposed to the proposal, I await the recommendation of the Library Advisory Board, the Parks and Recreation Commission, and the Arts Commission. “I am glad that Glendale residents have taken such an active role on this issue. Ever since it was announced, I urged staff to seek the input of the public to ensure that our citizens were incluced an any propoal to alter the library. It is my sincere hope that Glendale residents will continue to actively participate in this and other important issues facing our great city. “I also thank Midwestern University for their long-term support of the Glendale community. In addition to producint hundreds of doctors, pharmacits, physician assistand, and many other types of medical professionals every year, Midwestern opens their campus to the community through clinics and other wonderful events. Our City is a better place because they are here.”             

  • Tony Tavares, the former president of Disney Enterprises and the Anaheim Ducks, will conduct an audit of the Arizona Coyotes’ financials for $45,000 (anything over the $50,000 cap would require council approval). The audit was supposed to have begun by the end of September. It has been delayed because IceArizona has taken over 5 months to perform its own audit and still is not finished. With this audit the city will be able to examine revenue sources related to the Coyotes and Gila River Arena. Tavares was involved with Jerry Reinsdorf, owner of the Chicago White Sox in a failed 2011 attempt to buy the Coyotes…hmmm.
  • In the Glendale Republic of February 21, 2015, under the title of West Valley Sound Off, elected officials were asked their thoughts on SB 1435 which would gut Arizona Open Meeting law. Mayor Kenn Weise of Avondale expressed opposition as did Councilman Roy Delgado of El Mirage and Councilman Jamie Aldama of Glendale. Not so with Councilman Gary Sherwood. Still smarting from an ongoing Attorney General’s Office into allegations of violation of the Open Meeting Law, he said, “I do believe that reform is needed to allow for additional dialogue amongst the council” and “On Glendale’s seven-member counci, it is difficult to speak to three other members without violating the law.” Well, if anyone should know, he should.
  • Each of the three citizen commissions who heard the presentations on selling the Foothills Library last week will be meeting again this coming week. Citizens are welcome to attend as they are public meetings BUT it will NOT be an opportunity for citizen comment but rather an opportunity for the commission members to have their questions answered by staff and then to decide on an advisory recommendation to the city council. The meeting dates are as follows:
  • Glendale Arts Commission at the Foothills Recreation Center on Monday, February 23, 2015, 6 PM
  • Library Advisory Board at the Foothills Library on Wednesday, February 25, 2015, 6 PM
  • Parks & Recreation Advisory Commission at the Adult Center on Thursday, February 26, 2015, 6 PM

© 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.

Yesterday, February 12, 2015 Glendale City Manager Brenda Fischer submitted her resignation. What happens now? Fischer and the city council will meet in Executive Session to negotiate a mutually agreeable date for her departure. City Council will then appoint an Acting City Manager while a search is done for a replacement.

It sounds simple, doesn’t it? A cut and dried process but when politics are involved things are never quite that simple. The city council is split with Hugh-Turner-Tolmachoff vs. Sherwood-Chavira-Aldama. Mayor Weiers is the deciding vote. There is a dearth of talent at city hall these days with many able administrators either having left or having been forced out. Why not think outside the proverbial box? Why not borrow a talented administrator from another Valley community? Glendale has done it before when it asked Dick Bowers, former Scottsdale City Manager, to assume the role of Acting City Manager. The first name that comes to mind is Charlie McClendon, former City Manager of Avondale. Charlie worked for Glendale many years ago, possesses Glendale historical memory and has an outstanding record as Avondale’s City Manager. I was gently reminded that Charlie is now in Cathedral City, California. Despite that I would still consider him.

Don’t expect council to appoint either Assistant City Managers Jennifer Campbell or Julie Frisoni as Acting City Manager. Rumor has it that Assistant City Manager Julie Frisoni may not be around much longer now that she has lost her protector and mentor, Fischer. The city Finance Director, Tom Duensing’s and the city Attorney, Michael Bailey’s, names are floating out there as possible choices for Acting City Manager. Each has baggage and is identified as part of the Fischer “team.”

Many were surprised to learn of Fischer’s resignation. They should not have been. Take a look at her work history. She worked in Henderson and North Las Vegas, Nevada for about 15 years primarily in media relations but not as a City Manager. When she rose to greater positions of authority as a Deputy City Manager in Glendora, California and City Manager in Maricopa, Arizona it appears that she never remained in those positions for more than 2 years.

An April 11, 2011 post was discovered commenting on her leaving Glendora from someone called “Mother-In-Law” (Brenda’s mother-in-law? Who knows?) saying, “Brenda and I talked about her problems with certain officals (sic) or a (sic) least that’s what they call themselves that, we concluded it was a dead end job in Glendora, Ca. city hall.” Fischer left after 2 years. In Maricopa, Arizona, Fischer initiated an investigation for alleged harassment against a Maricopa councilmember and left that employment within 2 years.

Issues seem to arise when she is employed in an upper management position. Will that be the case in Glendale?  As reported by Darrell Jackson in the Glendale Star of February 12, 2015 Fischer made a FOIA for all of the emails of three councilmembers: Hugh, Turner and Tolmachoff from November 5, 2014 to February 10, 2015. This is highly outrageous and exceedingly unusual. Fischer serves at the pleasure of the city council. She is appointed by them. Requesting the emails of one’s employers may have been the last straw. That should have been enough of a reason to cause her firing.

There appears to have been a slew of other “last straws” lately. Her performance as a leader of the City of Glendale was lacking when she displayed a temper tantrum at the CEO of the Glendale Chamber of Commerce publicly at the Yard House restaurant. She bears the responsibility for the “Library War” debacle. Even if she did not initiate the idea (the jury is still out) of a proposed sale of the library, she allowed it to move forward. Councilmember Gary Sherwood was largely responsible for her hire. He inserted himself into the hiring process by meeting privately with her and advocating for her at a council workshop. His current problems with an ongoing AG’s investigation about alleged Open Meeting Law violations and a renewed effort to recall him may have created difficulties for her.

Did she find something within her email request that spooked her or did council learn that she was looking for something to use against them? After all, she appears to have only requested emails from the three councilmembers she perceived as her enemies. Her annual performance review would have been in a few months. Was she concerned that she would be fired? Did Mayor Weiers drop a hint that he had the four votes necessary to cause her firing? Did she decide that resignation was face saving as opposed to firing?

This is a story unfinished. There is more to discover. You can bet that the media will continue to pursue the real reason for Fischer’s sudden but not surprising resignation.

© 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.

Before reviewing the Glendale City Council meeting of January 13, 2015 I wanted to share some information related to the events about to occur in Glendale. With the Direct TV Music Festival, the ProBowl and the Super Bowl fast approaching those residents who live in close proximity to the site of these events may have the need for further information about them or may need to lodge a complaint while the events are occurring.  Below are the Glendale numbers for your reference:

DirecTV Super Fan Festival Hotline

A special hotline has been established for the DirecTV Super Fan Festival.  The hotline number is 602-532-6250.

Neighborhood Protection (barricades)

The Neighborhood protection program is being enacted for the DirecTV Super Fan Festival, Fiesta Bowl, Pro Bowl and Super Bowl.

Electronic Link to Glendale’s Got Game Webpage

The information listed above and specific links are available through the City’s Glendale’s Got Game webpage: http://www.visitglendale.com/ZoneA/index.html

The January 13, 2015 Glendale city council meeting was typical of many council meetings. A proclamation recognizing Dr. Martin F. King Day and then an item packed Consent Agenda. The only interesting segment of the meeting was the choice of a Vice Mayor for this year.

Councilmember Bart Turner nominated and Councilmember Lauren Tolmachoff seconded the nomination of Councilmember Ian Hugh. A second nomination of Councilmember Gary Sherwood was offered by Councilmember Sammy Chavira and seconded by Councilmember Jamie Aldama. No surprises there. That left Mayor Weiers as the deciding vote. It was well played by Mayor Weiers. The Mayor offered Councilmember Hugh for a vote first, as it should have been, since Hugh’s nomination was offered first.

Votes were cast on the newest toy, the nearly $50,000 voting system and flashed on the large screen behind them. There were four votes (a majority) in favor of Hugh’s nomination: Mayor Weiers, Councilmembers Hugh, Turner and Tolmachoff. Since Councilmember Hugh’s nomination captured the majority of council votes there was no need to vote on the nomination of Councilmember Sherwood. Congratulations go to the newly elected Vice Mayor of Glendale, Ian Hugh.

We have seen the first vote of the new council majority of Weiers, Hugh, Turner and Tolmachoff. We’ll see how well Councilmember Sherwood plays in the sandbox now that his coalition is no longer in the majority.

A word that seems to aptly describe both Councilmembers Chavira’s and Aldama’s usual commentary during the course of council workshops and meetings is saccharin. According to Webster’s Dictionary saccharin is defined as “sweet or sentimental in a way that does not seem sincere or genuine.” If ever two people fit that bill it appears to be these two. Their greatest claim to fame is certainly not the offering of insightful comment but rather a litany of thank yous to everyone they can possibly think of. Perhaps the voters of their districts will thank them profusely as they wander out the door of Glendale politics.

© Joyce Clark, 2014

FAIR USE NOTICE

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

On April 22, 2014 on a vote of 16-10 HB 2547 was rejected in the Arizona Senate. It would have partially reimbursed Glendale for public safety expenditures related to hosting the upcoming Super Bowl in 2015. This is an event that generates large sales tax revenues all over the state and especially in the Phoenix Metro area.

Here are realities some Arizona senators conveniently ignored. The state, the county, the Arizona Sports and Tourism Authority (AZSTA), the Arizona Super Bowl Host Committee and the Bidwills all breathed a sigh of relief when Glendale stepped up to the tune of $35M for infrastructure improvements surrounding the stadium and accepted construction of the University of Phoenix Stadium in Glendale when no other city in the Phoenix Metropolitan area was willing to do so.  Glendale held its tongue when publicly slapped in the face by the naming of the stadium as the University of Phoenix Stadium.

Glendale looked forward to its first Super Bowl hosting experience and assumed that new sales tax revenues would cover the costs associated with being a host city. It was a pilot project and learning experience. Glendale did an outstanding job of hosting and has been praised as a model experience. Glendale spent $2.2M in 2008 as a host city. It earned sales tax revenue of $1M losing $1.2M in the process. It was an expensive lesson.

If anyone believes that public safety was the only cost to Glendale for hosting the 2008 Super Bowl, they are fools. Don’t forget at a minimum to include sanitation and transportation. Glendale sanitation had extra duties in assuring that the venue was clean and neat for a minimum of two weeks.. Glendale’s transportation staff coordinated all of the transportation logistics during the NFL Experience and on game day. Then there were the countless hours of Glendale staff time in preparation for the event and the countless meetings with NFL and Arizona Host Committee officials. Glendale put a lot of skin into the 2008 game yet it was cities like Scottsdale, Tempe and Phoenix that reaped gorilla sized sales tax revenues.

Some of these Arizona senators were lied to with impunity. They were told that Glendale made money on the 2008 Super Bowl. I was there. I was on the city council. I saw the figures. Glendale did not make money. I was one of only two councilmembers who voted against hosting it again in 2015 for the very reason that Glendale lost money. I said publicly at the time that without a reimbursement mechanism in place I could not support hosting it again.

If anyone believes that $2M will cover the costs of hosting the Super Bowl in 2015, next year, they, too, are fools. City Council intended to build up a fund of $4 to $6M over 6 years to cover the anticipated expenses. Everything from gas, to salaries, to vehicle use, to supplies has gone up. Then council became preoccupied with the Coyotes mess and was raped by the NHL to the tune of $25M a year for two years. The set aside fund never materialized.

Finally, this year Glendale crafted a bill to recapture its costs as a host city. The original figure requested was $4M and it watched as the bill was steadily watered down to $2M accepting that something was better than nothing.  In the meantime AZSTA, the Host Committee and the Bidwills came up with their own bill requesting $10M. It never made it to the Arizona House of Representatives’ floor for a vote. It died an ignominious death.

So where were they? Why didn’t AZSTA, the Host Committee and the Bidwills buck up and support Glendale? When their bill died did they just pick up their marbles and leave the fight? You bet they did. They view Glendale as a red-headed stepchild  – a child that doesn’t play well with others. After all, how dare Glendale not make its hotels bow to the pressure and cap their room rates? They blamed Glendale for not dictating terms to private hotel entities. They also claimed, falsely, that Glendale would not provide the necessary, stipulated parking needed for game day. Not true but in their view Glendale, quite simply, had become a pain in their butts.

Mayor Weiers and Vice Mayor Knaack publicly acknowledged at the April 22, 2014 council meeting that Glendale cannot continue to absorb the costs of hosting the Super Bowl without reimbursement. They made it quite clear that it is an unsustainable proposition. I applaud the fact that they have put everyone on notice and unless a reimbursement mechanism is created Glendale will not be in the business of hosting future Super Bowls. It’s about time. It’s nice to finally have some public company on this issue. Way to go Mayor Weiers and Vice Mayor Knaack. The ball is in AZSTA’s, the Host Committee’s and the Bidwill’s court. It’s their turn to play nicely and to acknowledge that Glendale is a valuable asset to them. After all, they can’t pick up their marbles (er, stadium) and go away, can they? Ironic, isn’t it? They may have cooked their golden goose.

© Joyce Clark, 2014

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March 18, 2014 was a “two-fer” in terms of council workshops. The morning session focused on the budget: General Fund budget balancing; Employee medical benefits; and fire staffing. The afternoon city council workshop also had 3 items of discussion: the Becker billboard request; a possible archery range at Heroes Park at 83rd and Bethany; and the Tohono O’odham casino.

I am going to discuss only one of those items here and now – the proposed Tohono O’odham (TO) casino. All of the other items will be covered in a subsequent blog.

In a prior meeting Vice Mayor Knaack requested an assessment of the impact of the proposed casino on the city and during the day’s discussion reminded staff of her original request that: staff (City Attorney Michael Bailey) bring back an assessment of the impact (fiscal and otherwise) of this proposed casino on Glendale; and that staff meet not only with the TO but with the tribes in opposition to the casino. Was Bailey too busy with his tablet and smart phone to pay attention because he fulfilled none of Vice Mayor Knaack’s request? He simply regurgitated former City Attorney Craig Tindall’s well-researched legal opinion on the matter. His actions could be construed as those of someone who is lazy and ill informed. He did not provide this council with Knaack’s original request: that of an assessment of the impact on the city.

Somehow or other the council discussion, at Councilmember Alvarez’ instigation (in person no less), moved to negotiating directly with the TO and opposing Franks’ bill. Chavira and Hugh immediately expressed their support. Mayor Weiers and Councilmembers Martinez and Knaack voiced their dissent. None of this was a vote, as council does not vote at workshop, but gives direction to staff through a majority support to move forward to investigate, plan and bring back information to be voted on in a council meeting.

Four councilmembers (a majority) gave direction to initiate negotiations with the TO and to express the city’s opposition to Congressional Representative Trent Franks’ bill, HR 1410. To what end no one knows because there are still lawsuits to be settled that will determine the proposed casino’s fate.

Councilmember Martinez, in opposition, quoted from a very eloquent article written by former Governor Rhodes of the Gila River Indian Community in the Arizona Republic on October 20, 2010.. The former Governor said, “There’s no literal translation in English that does justice to the tribal word, ‘himdag.’ As Governor of the Gila River Indian Community, himdag guides my every decision, my every action. Himdag, as passed down by our elders across hundreds of years, teaches us to respect for all things, including the value of a promise, abiding by the law and concern for the welfare of others.

Respect as a guiding principle feels old-fashioned in the 21st century, but it exists all the same – even when our community is compelled to sign its name to a lawsuit against the United States Department of the Interior.

You may have read about that lawsuit filed Spt. 16. You may have also read about Glendale’s lawsuit to stop the casino, filed this week. Out of respect, I believe that I must explain the reasons why my community to pointedly disagrees with Washington and with a southern Arizona sister tribe’s plan to build a casino on land they secretly bought in Glendale, 160 miles from their reservation headquarters.

My explanation can be summed up in a single sentence. We believe the TO Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, Glendale and every Arizonan.

At the crux of our lawsuit is clear evidence that the proper procedure for creating an Indian casino has been sidestepped. I’ll leave the legal wrangling to the lawyers, bit in the 21 months since our sister tribe surprised us with plans to build a casino on our aboriginal lands, our community has learned more than we would care to about legal loopholes, PR spin and shading the truth. The surprises have continues to come, and so have the disappointments especially where our sister tribe is concerned.

In the past, my community and the TO Nation have lived side by side and mutually benefited from our entwined cultures and interests. There’s no better example than the Indian gaming compacts ratified by Arizona voters in 2002. Proposition 202, supported by 17 tribes statewide, including the Gila River and TO communities, created a sound but delicate balance, a promise, that kept casinos out of urban neighborhoods, gave much needed revenue to the state and created an economic engine to lift every tribal community.

To see that balance upset and that promise broken – and to see one tribe use secrecy and legal maneuvering to benefit at the expense of every other tribe and our state – is difficult to comprehend, let alone stand for in silence.

Thus the Gila River Indian Community has taken our case to federal court. Our first goal is to force the federal government to apply federal gaming laws evenly. Never before has a tribe been allowed to “shop” for reservation land half a state away from its homeland, then open a casino on the newly created “pocket reservation.” That not only flies in the face of federal gaming law, but in the face of every Arizona’s vote for Proposition 202.

As for our sister tribe, I know our disagreement is temporary. Himdag has a place of supreme importance in their culture, too. I would like to believe that their leadership will rediscover their way soon enough. I believe we can achieve more together than apart and that greed should never be allowed to trump respect for all things.”

The deciding supporter of Alvarez’ plea was Councilmember Gary Sherwood. Mr. Sherwood can not have it both ways despite the rambling, confusing and often contradictory reasons for his decision. On one hand he says he still supports City Council Resolution 4246 that stated that the city is officially opposed to the TO casino.  It’s important to quote part of that resolution, “Whereas, the City believes that the Tohono O’odham Nation’s assertions and the basis upon which it makes these assertions are incorrect, poor public policy, in violation of the governmental rights, privileges, and authority of the State of Arizona, the County of Maricopa, and the City of Glendale, and are contrary to the best interests of the Citizens of the State of Arizona, the County of Maricopa, and the city of Glendale; and Whereas, the City of Glendale, consistent with the Indian tribes voicing opposition to the Tohono O’odham Nation’s application, opposes off-reservation gaming, including this current effort by the Tohono O’odham Nation to establish gaming on the Proposed Reservation Land, as contrary to the terms of Proposition 202 as presented to the people of the State of Arizona in 2002 and supported by, among other, the Tohono O’odham Nation.” Here is the link to Bailey’s (really Tindall’s legal opinion): http://www.glendaleaz.com/Clerk/agendasandminutes/Workshops/Agendas/031814-W03.pdf .

On the other hand, Sherwood then launched into a monologue stating, in essence, the TO casino will create “synergy” with Westgate and drive more business there. In a pig’s eye and he knows it. Subsidized food, drink and room rates at the TO proposed casino will undercut every restaurant, bar and hotel in the Westgate area. Despite his statement that he still supports opposition to the proposed casino and it will be “contrary to the best interest of the City of Glendale and of the citizens of the State of Arizona” he then supported moving forward with negotiations with the TO and opposition to Franks’ bill.  On one hand he says he opposes the casino because it earns not a penny of revenue for Glendale yet on the other, he is prepared to negotiate and facilitate their eventual presence.  His position is illogical yet he became the fourth councilmember needed to achieve consensus and direction.

Why? Sometimes things become clearer with perspective. Think back to the arena deal vote. Sherwood knew Weiers, Hugh and Alvarez were opposed to the arena deal and Martinez and Knaack already supported him and the deal. The vote was split, 3 to 3. He discovered those 5 members could not be dissuaded. Whether one agreed with or opposed their positions they had the principles of their conviction and could not be moved. He desperately needed that 4th vote of approval for the arena deal.

Who was left? Newly elected Sam Chavira — of course. Whispers of this scenario have circulated for months. If Chavira voted for the arena deal, in return Sherwood would support the casino. Is it true? I don’t know but it makes perfect sense and certainly seems to fit the known facts. Did each sell their souls? For what? Political back scratching? To be recognized in public hockey town halls as the saviors of the Coyotes? Reelection financial support from hockey and TO stakeholders with deep pockets?

But at whose expense? The citizens of Glendale locked into unsustainable arena debt of an estimated $27 million a year with a council unwilling to make the budget cuts that make the arena deal feasible? The Westgate area business owners who will suffer from unfair competition? The residents of West Glendale whose property values will decline with the advent of a casino while crime and traffic increases? The Westgate business owners who will suffer from unfair competition?  The Indian tribes who joined the State Compact in good faith? The voters of the State of Arizona presented with a plan to limit casino locations?

These politicians were just that –typical politicians, exemplifying the worst of the offices they hold. Sherwood delivered an irresponsible and dangerous signal to casino friends and foes alike. His flip flop on one of his campaign promises should be remembered when he runs for reelection. Given this, expect him flip flop again and to support the hated billboards proposed for North Glendale.  After all, he confessed that all of the fuss over the billboards was “baffling” to him and he was “pro-business.” There is no statesmanship here.

© Joyce Clark, 2014

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Glendale Mayor Jerry Weiers delivered his State of the City remarks to a packed audience at the annual Glendale Chamber of Commerce dinner at the Renaissance Hotel on Thursday, February 27, 2014. Although his news about Glendale’s finances was dire it was also a fair assessment. He is to be commended for his forthright speech. Here is a link to a recap: http://www.azcentral.com/community/glendale/articles/20140228glendale-arizona-state-of-the-city-mayor-financial-problems-real.html . Here is also a link to a Mayor Weiers You Tube video that visually explains Glendale’s debt and revenues: http://www.youtube.com/watch?v=s2nBWBojUh0&feature=em-share_video_user .

He didn’t remark on how Glendale got to where it is today financially but I will because I was one of the council that got us there. Although I approved the arena I did not approve of Ellman’s plans for his development of Westgate. His “vibrant” building colors look like WalMart on steroids and his billboards are monstrosities. He also would not dedicate an additional land to place another eastbound lane on Glendale Avenue. I was more reluctant about Camelback Ranch but the deal called for future reimbursement by the Arizona Sports and Tourism Authority (AZSTA). I agreed because there were development plans in place for the surrounding land and an AZSTA reimbursement on the horizon.

Council knew we would never be a Scottsdale, the west’s most western town; or a Tempe, a college town; or a Chandler and Gilbert, with their high tech manufacturing. We believed that these facilities would create a niche, a branding of Glendale and that they would help to grow Glendale.  After approval of Camelback Ranch the city began negotiation to place a USAA basketball training facility in the area. It looked as if we were about to add another major sporting facility. Glendale’s future looked bright.

There are two major contributors to Glendale’s current debt burden: Jobing.com Arena and Camelback Ranch Spring Training Facility. At the time of these facilities’ approval it was clear that Glendale could sustain the debt. Deals were in place to develop commercial and retail around both. They would generate new sales tax revenues to cover the expected construction debt. The arena did not have an annual management fee. Glendale’s economy was surging as was the national economy.

There was no hint of the Great Recession that would lay waste to so many of Glendale’s plans. Glendale’s sales tax and property tax revenues sunk like a stone as did its state shared revenue.  Developers and their plans dropped like flies as one after another went into bankruptcy.

Suddenly the city’s debt had become unsustainable.

What was council’s plan back in the day? It was three fold. Pass a temporary 5 year sales tax increase to provide much needed revenue while other strategies took hold; restructure our debt; and embark on a 5 year plan of targeted cuts to expenses while rebuilding the city’s contingency fund. It was even suggested, at the time, by Interim City Manager Skeete that the city sell the arena. I was shocked by the thought at the time but over time, it has become an idea that has a great deal of appeal.

It is no coincidence that Glendale’s future debt burden is about $30 million. That is very close to the city’s annual arena debt: $12-13 million in an annual construction debt payment; $500,000 to $1 million annual payment to a capital repair account; and $15 million in an annual management fee. The solution of selling the arena at fair market value is now very appealing. While the city loses money already invested in the facility the bleeding stops. Suddenly there would be no more construction debt; no more annual management fee and no capital repair account to maintain. It’s an idea whose time has come.

© Joyce Clark, 2014

FAIR USE NOTICE

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

Jamsheed Mehta, Executive Director of Transportation, and briefly Interim Assistant City Manager for the City of Glendale is leaving on March 12, 2014 to serve the City of Marana. Jamsheed has been with the city since 2005 and in that period his quiet intelligence and competence has served the city and him well. It is disappointing to see that he did not receive the appointment as Assistant City Manager.

His departure may very well be a precursor to the exodus of other talented employees who see the handwriting on the wall under the current regime. Many have indicated their concern as City Manager Brenda Fischer (from the Town of Maricopa) surrounds herself with Town of Maricopa cronies or Glendale employees with questionable resumes earned under the tutelage of former City Manager Ed Beasley.

There is now a readily identified coalition within councilmember ranks that form a majority on most issues. It consists of Vice Mayor Knaack and Councilmembers Sherwood, Martinez and Chavira. The minority is Mayor Weiers and Councilmembers Hugh and Alvarez.

It is not so surprising that Knaack and Martinez would join with Sherwood and Chavira. Some have speculated that both are tired, burnt out and so have opted for the path of least resistance. Both will not be running for reelection and have blessed others to take their places. Martinez has endorsed Robert Petrone, seemingly a man of questionable substance considering his financial past. Knaack is rumored to pass her legacy on to Bill Toops, owner/publisher of the Glendale Star. A man who could experience conflict from the very start, if he runs and is successful in getting elected, as he tries to serve two masters: the paper which provides him income and a city which in the past has often dismissed his paper’s relevance.

Weiers has got to find a way to raise his visibility as Glendale’s mayor in the community. It’s a problem that all mayors in Glendale have had. It used to drive former Mayor Scruggs nuts. In poll after poll, most respondents could not name her as mayor and when they did, they often mispronounced her name as Scaggs or Shruggs. Weiers may be taking actions that are good for Glendale but unfortunately no one knows what they are. He should be wary of Councilmember Sherwood’s ambition.

It is said that Sherwood is in his office in City Hall every day and has de facto assumed the role of Mayor. Why not? Sherwood has the ear of the City Manager. Sherwood is riding high these days with 3 other votes behind him but fortunes can change on a dime. One of his more questionable actions was to actively insert himself into the selection process for a new City Manager. It is said that he met privately, one-on-one, with Ms. Fischer during the process and then actively solicited support of the other councilmembers for her acceptance. There is nothing illegal about his action but ethically it is highly unorthodox. No other councilmember in memory has ever had a private, one-on one with a potential City Manager candidate and then actively lobbied for same.

Everyone acknowledges that Fischer owes Sherwood big time for her hiring. Also of note is Fischer’s spouse is either still a fire fighter in Henderson, NV or was a fire fighter there for years. Add to that Frisoni’s spouse is or was a police officer. Will these relationships color their actions toward public safety? We may have seen it already as one of Fischer’s first actions was to bring the fire department deficit before council allowing it to receive additional funding. No other department received that kind of consideration.

Chavira, on the other hand, appears to be silent, nearly invisible, merely along for the ride, cutting the best deals that he can for him and his fire department union buddies. That is not surprising either as we have seen questionable fire union actions involving his participation prior to his successful bid for a council seat. Alvarez’ past actions and record make her irrelevant. She has a record of contributing little or nothing to crafting solutions. Hugh, on the other hand, has an opportunity to break out. There have been a few flashes when he has spoken that give hint to a thoughtful man.

Based upon the current political landscape where is Glendale headed? Perhaps down the proverbial rabbit hole where “up “is “down” and “down” is “up.” Glendale appears to have two paths before it: Bankruptcy where city debt and rising O&M expenses are so high that no amount of palliative change orchestrated by Fischer, et.al., can save it; or a Glendale saved from falling over the cliff but divested of all that we love about it, lean and mean, soulless but saved.

© Joyce Clark, 2014

FAIR USE NOTICE

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