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Joyce Clark Unfiltered

For "the rest of the story"

prop 202A number of people have asked me (as a former councilmember) to weigh in, pro or con, regarding the Renaissance Sports and Entertainment bid. It may very well become a moot issue if RSE rejects the city’s latest proposal to have the same 5 year opt-out clause as RSE enjoys. Until now I have instead spent all of my time since the original bid was made public reviewing and analyzing it. Note that a revised version has since been made public. In the newest public version changes that had been discussed at the city council workshop of June 28, 2013 are incorporated. There is now a joint defense clause, removal of all “novation” provisions and the city receives all insurance proceeds in the Casualty and Condemnation provisions. These changes and others make it a better deal for the city. Council gave direction to continue negotiations up until the eleventh hour (Tuesday, July 2nd council meeting at 7 pm). We can hope that RSE and the city will continue in the spirit of cooperation.

numbers 2As for the deal itself let me share my analysis. Let’s look at the numbers. The first premise is that RSE MUST have $15M a year guaranteed by the city. Why? An assumption, that has never been refuted, is that RSE needs $15M a year guaranteed by the city to satisfy the lender’s (Fortress Investment) requirements. The city has an approved budget that allocates $6M a year thereby creating a $9M a year shortfall for the city. RSE has proposed to sweeten the pot and supplant that $9M a year by creating “enhanced revenue streams.” Some are revenue streams whose numbers can be accepted with some sense of surety. The hockey ticket surcharge is based on 41 games with an average attendance of 12, 630. Those are reasonable numbers based on past performance. You may think the average attendance figure is low but it is RSE’s number and to be applauded because of their conservative approach. The “enhanced revenue” produced from this calculation is $1,553,490. It is a number we can accept as valid.

The next number is the team rental of $500,000 a year. That is, of course, a reliable number. One obvious question is why does this number not increase over time? In previous deals the team rental charge escalated over time. Another fairly reliable number is the sales tax generated at hockey games. RSE pegs it at a little over $600,000 a year; the city uses a little over $400,000 a year. I am inclined to accept the RSE number for the sake of argument.

So far, so good. We know the city can rely on these “enhanced revenue streams” of Hockey ticket surcharge, team rental payment and sales taxes generated from hockey games. Those items total $2,690,420 and we can be confident in realizing that revenue.

numbers 1But a look at the rest of the estimated revenue numbers show they appear to be overinflated. Let’s take the easiest one first, Naming Rights for which the city will receive 20%. Typically this fee is paid in installments. For argument’s sake let’s peg the Naming Rights fee at $10M. Generally, this would be paid over a period of years and often it is a 10 year period. That payment would be approximately $1M a year and the city’s portion would be $200,000 a year for 10 years. So instead of the RSE Naming Rights figure of $671,600 a year, a more conservative and reasonable number is $200,000 a year. As a point of comparison, this is similar to the Naming Rights deal at Chase Field and it receives a payment of $1.1M a year.

The parking revenue figure is highly inflated. The presumption is that all 5,500 parking spaces will generate $10.00 a space at every hockey game. Did you know that there are an additional 9,500 parking spaces at Westgate not subject to this surcharge? Hockey fans can park at Tanger, behind the AMC Theater, etc. and it is a short walk to the arena. Sooner or later, the owners of these businesses will become very unhappy to see hockey fans occupying their customer parking and will begin to charge…$5 a car which will be reimbursed to their patrons. I have also been informed that should there be a new parking fee imposed by the city and the team the Cardinals will charge $5 a car for their 6,000 spaces on Maryland Avenue, across the street from Jobing.com arena. There is also a secondary, but an equally important issue, the number of hockey fans parking in the Desert Mirage neighborhood across the street from Jobing.com arena will most surely increase. It is a neighborhood of over 1,200 homes and some hockey fans (although a minimal number) already park in their neighborhood on hockey game days. The RSE number also includes parking for non-hockey events with 23 events a year and 15,000 attending each of those 23 events. In my estimation it is unrealistic. More about that when we review the $5 per ticket surcharge for non-hockey events. RSE, and the city accepts, a figure of over $2M for parking revenues. This is way too optimistic and a more conservative and realistic figure is half that, or about $1M for parking revenues.

The last number RSE offered was revenue generated per year of $1,725,000 for a non-hockey ticket surcharge of $5.00 per ticket for 23 events a year and attendance of 15,000 at each event. I dug out old material I had related to arena event and attendance figures and I also reached out to people knowledgeable in the concert venue business. From 2003 (the year the arena opened) until today the maximum number of events ever held at the arena in one year that generated an attendance of 15,000 or more has been 15 events. Did you know that throughout the entire Phoenix Metro area there are typically 25 major concerts (what is called in the business, Type “A,” such as a Justin Bieber) a year? 4 of them were held in Jobing.com Arena this year. RSE’s estimate of 23 such concerts drawing 15,000 or better is wishful thinking. A more realistic revenue number for the non-hockey ticket surcharge would be under $1M a year. For the sake of argument, we will use $1M a year. How do these numbers add up? $200,000 a year for Naming Rights; $1M a year for Parking Revenue; and $1M a year for the ticket surcharge for non-hockey events totaling $2,200,000.

question 3Let’s add our reliable, take-it-to-the bank number of $2,690,420 and our far more conservative number of $2,200,000. The total is $4,890,420 and the magic number in “enhanced revenue streams” that must be achieved to make the city whole is $9M. Oh wait, there’s still the Supplemental Ticket surcharge of $1.50 on every ticket. RSE’s number is $1,294,245. It is an overestimate because it is based on that same pesky non-hockey event estimate of 23 events with 15,000 or greater attendees. A more realistic estimate would be no more than $1M a year. So add another million dollars to our $4,890,420 and our final total of “enhanced revenue streams” is $5,890,420 – not the $6.7M used by the city or the $7.3 used by RSE.  Yet we need $9M a year. We are short $3,109,580. How can that shortage of a little over $3M a year be covered by the city? Where will the money come from? In my next blog we’ll look at the city’s budget and its overall financial health.

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A disclaimer is in order. I neither support nor reject the current RSE bid to manage Jobing.com Arena. I cannot make an informed decision until I have had the opportunity to review the proposed lease management agreement and that document is not yet publicly available.

Boy, thanks to SRP, leave a person without power…or the Internet…or air conditioning… for not just a day but 5 hours on the first day and 10 hours on the second day can make a person very grumpy and very testy. In an effort to play “catch-up” on today’s Coyotes’ news I was sent a link to KTAR radio’s Karie Dozer opinion piece entitled Final Word: Phoenix Coyotes aren’t the economic engine Glendale needs posted on June 25, 2013. Here’s the link: http://ktar.com/100/1644653/Final-Word-Phoenix-Coyotes-arent-the-economic-engine-Glendale-needs?fb_action_ids=566353163423827&fb_action_types=og.recommends&fb_source=other_multiline&action_object_map=%5B504510449622426%5D&action_type_map=%5B%22og.recommends%22%5D&action_ref_map=%5B%5D#

baseball 1hockey 1Dozer, Dozer, mmmm, that name sounds awfully familiar. Is Karie Dozer the wife of Rich Dozer, one of the Arizona Diamondbacks’ former Presidents?? I think so. I am sure Ms. Dozer is an expert on baseball, especially the Arizona Diamondbacks but an expert on anything hockey related?? I don’t think so. She made some amazing statements that certainly warrant comment. One was, “Look, I like hockey. What great fun, especially in Phoenix, IN JUNE, to go into an ice palace for sports. But I don’t like it enough to pay for it.” Of course she wouldn’t like hockey enough to pay for it. It is a sport in direct competition for your sports entertainment dollar with her husband’s business, the Arizona Diamondbacks.  If she were to attend any sports event you can bet it would be baseball. Does she get the best seats in the house? Are they free of charge? Could there be a conflict of interest on her part?

In an effort to show genuine concern for the residents of Glendale and her perception of the drastic loss of services because of hockey she goes on to say, “This in a city where 911 service was at risk last year.” What bunk. As a councilmember until January of 2013 I can tell you that the city’s 911 service has NEVER been at risk. Chief Black spoke at several council meetings in the past few months reassuring everyone that police service and most specifically, 911 service (especially Priority One calls involving imminent bodily danger or loss of life), would remain at the same level of service that Glendale’s residents have enjoyed for years.

She then opines, “I know, a lot of people’s jobs depend on the Coyotes. Shops at Westage (sic) and security jobs all could go away if the Coyotes leave.” First, it’s WESTGATE, not Westage. Second, how about a minimum of 1600 jobs in the immediate Westgate area (restaurants, hotels and retail)…and that does not include the almost 2,000 jobs at Tanger Outlet Mall, Cabela’s or Humana. Throwing 1600 jobs out the window doesn’t seem to bother her but what the heck, she’s got a radio hosting job.

Lastly, she said, “I think sports teams CAN be a great economic engine. This one just isn’t.” Really, Ms. Dozer? Of course she thinks sports teams are a “great economic engine.” She appears to enjoy the financial benefits of one of those “great economic engines.” To say that the Coyotes are not  shows her lack of history or knowledge about the Coyotes since they came to Glendale in 2003. For she would know that the team, through circumstances not of its own making, has never had the opportunity to demonstrate its ability to become a “great economic engine.” Stick to baseball, Ms. Dozer.

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Glendale Star…sad, sad, sad

Posted by Joyce Clark on June 26, 2013
Posted in Jobing.com arena  | Tagged With: , , | 2 Comments

newsIt is truly sad when a local newspaper such as the Glendale Star will report ridiculous stories simply to “gin” up its readership and that is exactly what they have done. In an “exclusive” article by Darrell Jackson, updated on June 25, 2013 entitled Proposal gives city option to purchase the Coyotes it is reported there is a company that had reached out to and would work with the city to buy the Coyotes ala the Greenbay Packers. Here is the link but please consider not going there. Reading this inane article will just warm the cockles of the editor’s heart and perhaps encourage more of this!

http://www.glendalestar.com/news/article_fa5c1c68-dab5-11e2-9599-001a4bcf887a.html

greed 1It is a travesty of journalistic reporting when if one had taken the time to fact check one can read the NHL By-Laws to find out that it is not possible. Add to that an NHL statement from a few years back, when the idea first surfaced and quickly died, that categorically denied the viability of that strategy.

We know the Glendale Star is trying to compete with the big boys but this reporting ranks right up there with their expectation of finding a pot of gold in City Hall as a by-product of the $500,000 city audit.

While there may have been an email proposing such a scheme it would have been rejected by the staff immediately knowing the NHL’s position on the issue. That’s why the mayor has said he has not seen such a proposal. Bringing it forward would have been a waste of time and resources.

Readers would like, although they often do not get, reporting that is fair, accurate, unbiased and based upon the facts not fantasy designed to titillate its readership.

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moyes

Jerry Moyes

It is time to review some previous ownership deal making history. Jerry Moyes threw the Coyotes into bankruptcy in late 2009. In 2010 Glendale and the NHL began to entertain offers for a buyer of the team. Everyone assumed that it would be a fairly quick process but that was not to be. One deal after another was rejected throughout 2010 and 2011. In order to continue the process the NHL held up the city to the tune of $25M a year. In 2012 Greg Jamison entered the picture and a majority of council (I being one of that majority) believed we had a solid deal that was in the best interest of the city.

In June 2012 a majority of council made two significant votes. One was to accept the Jamison deal after the management fee had been reduced and penalty/incentive clauses were added. During contentious council discussions Interim City Manager Skeete presented the council information about the financial impacts of keeping the Coyotes or losing them. One of the bullet points that I remember to this day stated that over the 20 year life of the deal Glendale was better off by some $20M by keeping the team. Skeete, at that time, had worked out a financial plan that called for budget cuts over 5 years. Many became confused and blamed those projected budget cuts on keeping the Coyotes. Not so. Those budget cuts were in anticipation of losing the sales tax increase in 5 years. His plan was solid, accommodated keeping the team and was in the best interest of the city.

That same month a majority of council voted to raise Glendale’s sales tax for a period of 5 years. A fire storm lasting 6 months erupted. Ken Jones, virtually single-handedly, although the Goldwater Institute was lurking about and seen helping Mr. Jones on occasion (later they would part ways), mounted a Referendum petition drive to reject council’s vote on the Coyote deal. He failed but it created unanticipated delay. Shortly on the heels of that effort another group began an Initiative petition drive to get rejection of the sales tax increase on the November, 2012 ballot. They were successful and the voters rejected their initiative in the November election. But it created further unanticipated delay. These folks were not working to further the best interest of the city.

Leblanc

Anthony LeBlanc

The city imposed a deadline of January 31, 2013 for Jamison. He failed to meet that deadline and that is a story for another time. In May of this year the NHL identified Renaissance Sports and Entertainment (RSE) as a buyer of the team and rejected the Pastor bid outright. Has it occurred to anyone that RSE is, in fact, the ONLY bidder the NHL has? To this day they have never made a formal announcement of RSE as the buyer. Is this deal in the best interest of the city?

There are some councilmembers who understand that keeping the team is vital to the city but they are having problems guaranteeing that $15M a year that RSE has said it must have. They are between “a rock and a hard place.” It reminds me of the original Ellman deal. At one point council was presented a “bucket list” graphically. One of the diagrams showed an enormous amount of revenue being literally poured into city buckets. Unfortunately those buckets filled with oodles of revenue to the city never materialized. “Fool me once, shame on you. Fool me twice, shame on me.” Now the current council is being presented with another version of a “bucket list.” This time RSE had identified additional revenue streams that will reimburse the city for its guaranteed pledge of $15M a year for a lease management fee. Some have asked why doesn’t the city just pay the $6M a year and RSE keeps ALL of the additional revenue streams itself. It accomplishes the same thing. The assumption is that to satisfy its lenders RSE must show that it has an annual guaranteed source of $15M. Who better to guarantee that amount than a city? The problem is, will those additional revenue stream buckets fill up as assumed? No one knows. Those additional revenue streams could bring $4M or $5M a year to the city or (hallelujah chorus) they could earn $11M a year. Yet the city will guarantee $15M a year. Why is it the city’s responsibility to assume this financial risk on behalf of RSE? Is it in the best interest of the city?

Let me be very, very clear. I want the team to remain in Glendale but not if it does further financial harm to a great city that I love. My frame of reference for any deal has been in terms of whether it meets the best interest of Glendale. I have demonstrated my commitment by voting in the affirmative for the Jamison deal and subsequently losing my council seat. If not for my vote and that of 3 others, there would be no RSE deal to consider today. I want a clean deal that the city can afford to pay and I suspect some councilmembers want that as well. Can they make that happen? We won’t know until the deal is made public. I, for one, will be reading every comma, period and paragraph. Only then will we truly know if this deal is in the best interest of Glendale.

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jobing.com arena

Jobing.com arena

To date the media and Glendale residents have been denied access to the four bids submitted to Beacon Sports, the city’s $100,000 consultant hired to accept and vet all bids to manage Jobing.com arena, a city-owned facility. Very recently the city finally released the names of the four bidders and it has been reported that R Entertainment and Phoenix Monarch Group (PMG) were rejected for not meeting minimum specifications. By the way, Art Jimenez, principal of PMG, publicly stated that he has formed a new group, PMG Management and Entertainment, LLC. As of this date it is not registered with the Arizona Corporation Commission and the name is still available, if anyone out there is interested.

There is no legal basis with which to deny the public access to the Beacon bids. We first go to the City Charter to see what it says about bids. In Article VIII, Section 2-Competitive Bidding it says, “The city council shall establish by ordinance formal guidelines regulating the purchase of goods and services by the city. Such ordinance shall specify the conditions pursuant to which formal competitive bidding shall be required, conditions pursuant to which informal competitive bidding shall be required and those conditions under which no bidding for city contracts shall be required.”  Last amended on 3-15-88.

This section authorized the city council to establish a formal bidding process. That formal process is outlined in Glendale’s Municipal Code, which was originally adopted and subsequently amended by city council vote as ordinances. An ordinance is a city law and can only be superseded by the Arizona Revised Statutes (established and passed by the Arizona Legislature).

scalesWe then go to Glendale’s Municipal Code, Section 2-145, Formal Purchase Procedure, (2) b, Sealed Bidding Procedure (IFB) which states, “Bids shall be opened publicly at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as may be specified by the materials manager, together with the name of each bidder shall be recorded as determined by the materials manager. This record shall be open to public inspection after the bid opening in a manner prescribed by the materials manager (bold mine). Except to the extent the bidder designates, and the city concurs, trade secrets or other proprietary data contained in the bid documents shall remain confidential.”

Then we have to check Arizona Revised Statutes to see if there is anything different from city code. For that information, we refer to Arizona Revised Statutes, Section 41-2533. Competitive Sealed Bidding. D. which states, Bids shall be opened publicly at the time and place designated in the invitation for bids.  The amount of each bid, and such other relevant information as may be specified by rule, together with the name of each bidder shall be recorded.  This record shall be open to public inspection at the bid opening in a manner prescribed by rule (bold mine).  The bids shall not be open for public inspection until after a contract is awarded.  To the extent the bidder designates and the state concurs, trade secrets or other proprietary data contained in the bid documents shall remain confidential in accordance with rules adopted by the director.”

Well, look at that, the Glendale Municipal Code and Arizona Revised Statutes (ARS) almost mirror one another on the language! Please take note of the sentence in the above cited ARS that says, “The bids shall not be open for public inspection until after a contract is awarded.” That prescription is lacking in Glendale’s Municipal Code. As it is not a prescription in Glendale’s Municipal Code it appears that Glendale is required to release the bid information after bid opening and I don’t think it means weeks later. Both bodies of law allow proprietary information to be redacted from any bid. And both codes allow public inspection after the bids are opened.

It would seem that Glendale has failed to follow its own Municipal Code process. It should release the results of the bidding process of all 4 bids NOW (in fact, it should already have done so) and redact only that information that is proprietary.  Just to be sure there is no confusion over what constitutes proprietary information; Webster’s defines it as, “possession, ownership or exclusive right.” It’s time for Glendale to cough it up.

There is no justifiable reason to discuss the Beacon bids in council Executive Session. They should have been publicly released by now. Those bids are what they are. The presentation on the bids should be in public workshop session. Council either accepts one or it rejects all but it would provide the public with an opportunity to discover just exactly how much two major companies, SMG World and Phoenix Arena Development think it’s worth to them to manage and operate Jobing.com.

There is also no reason why Councilmember Sherwood cannot discuss the worth of keeping the Coyotes in Glendale. After all, it’s not new information. During the Jamison negotiations, Interim City Manager Skeete publicly stated that keeping the Coyotes brings Glendale an approximate additional million dollars a year in revenue.

contractIt is justifiable and prudent that council discuss the RSE deal in Executive Session. They are in the midst of negotiations with the group. It provides the full council an opportunity to hear the terms of the deal and to offer any and all changes to those terms for further negotiation. It was no more than the former council did that resulted in a lower management fee and penalties and incentives for under/over performance. Once all terms are satisfactory to both sides, the deal terms should be released publicly and the vote scheduled for one week after release.

It has been widely reported that the Renaissance Entertainment’s management deal with Glendale may come before the council for a vote on June 25th, June 28th or as late as July 9th. When there was all of that furor over the Jamison ownership deal last acceptanceyear a court mandated that the deal be made public one week before any scheduled council vote on the issue. I suspect denialthat prescription still holds true. In that case, if the RSE deal is scheduled for a council vote on June 25th, it must be released to the public for its consideration one week before on June 19th. If the vote is June 28th, it must be publicly available on June 21st. If the vote is on July 9th, the public is entitled to review it on July 3rd. Come on, mayor and council, get your act together and practice the transparency that you love to preach.

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I wrote this blog on June 10, 2013 and have been sitting on it. Late this afternoon, June 13, 2013 Mike Sunnicks of the Phoenix Business Journal reported on Glendale’s concerns about the RSE bid. I share the city’s concerns. I see no reason to hold this back any longer.  Remember I am looking at the RSE deal having been a former councilmember. The fact that RSE is using borrowed money to finance this deal with very little of their own equity is disturbing. With such a small proportionality of investment it allows RSE a great deal of latitude to abandon Glendale and relocate in a few years.

I know how desperately fans want to keep the Coyotes here. I share that sentiment but not at any price. It’s time we all took an objective look at this deal before embracing it. There are those who will say if it’s not a Jamison deal I am against it. That is not true. If I were still on council I would have a fiduciary responsibility to make decisions that are in the best interest of Glendale based on the facts. Truthfully, if I were on council, I would not accept this deal based upon the facts that are publicly available about RSE’s deal at this time.

So please save your hate email and nasty tweets. I know that I have angered you but once you get past that initial anger, please take a hard look at this deal. Here goes what I wrote several days ago:

Everyone is well aware that the NHL blessed Renaissance Sports and Entertainment (RSE) as a legitimate contender for ownership of the Coyotes. They even chaperoned RSE’s first meeting with Glendale City officials. However, note that the NHL has NOT made a formal announcement to date stating that they are in fact, selling the team to RSE.

Coyotes logoMost of the Coyote fan base and the media seem enthralled with the news and are ready to embrace an NHL/RSE deal. But there are two factors that have so far been ignored. No one in the media has really “kicked the tires and looked under the hood” of this deal; and will Glendale be willing to pay a lease management fee greater than its budgeted and soon-to-be-approved $6M a year?

So why don’t you and I? Let’s take a closer look at this deal. RSE has raised $45M in equity ($10M coming from Gosbee). We will use these figures all of which have been widely publicized in the media and to date unquestioned by any journalist. RSE is getting $200M in loans. One loan from Fortress Investment Group is $120M. Sources say the interest rate is 8%. RSE is getting a loan from the NHL for another $80M. Sources say the interest rate is 5% and that payments start the first year – not in 5 years. The interest on these two debts could be as much as $13.6M a year. My goodness! $13.6M a year in interest! That’s WITHOUT any payment on the principle! Is it any wonder that RSE would like to get an annual lease management payment of $13M-$15M? This deal is heavily debt laden.

Let’s look at costs associated with Jobing.com. According to Coyotes Newco, LLC, the NHL entity that runs the arena, in their Annual Budget submission to the City of Glendale for Fiscal Year ending June 30, 2014, Total Annual Expenditures are projected at $12,468,912 and the Annual Net Cash Requirement as projected by the NHL is $9,088,193. Earned revenue from events will be in the $3.3M range. Based upon these figures submitted to the city by the NHL, the entity currently running the arena, RSE will spend a minimum of another $9M as a Net Cash Requirement. Who would know better what it costs than the NHL currently doing the job?

So we have $13.6M in annual interest payments and $9M in cash needed to operate the arena. Simple math says the minimum figure that RSE will spend every year is $22.6M. The $45M of equity that RSE raised will last almost two years. Where do they get the money to continue? Don’t say from the revenue generated by the arena events. That revenue will offset the total annual arena expenditures of $12M. Ok, tires kicked and the hood has been looked under.

Fortress is not in this deal out of the goodness of its heart. The reason Fortress has the option to purchase equity in the team is that they know darn good and well that when RSE flips the team, it will be much more profitable for them to be in the game and get their expansion check profits than just simply to be repaid at 8%. If RSE can get out of its lease in year 3 or 4 it’s a brilliant strategy. They will make a killing on expansion fees and will have essentially bought a team for only $45M in real equity.

Glendale City Council

Glendale City Council

That leads to the second question. Will Glendale be willing to pay a lease management fee greater than $6M a year? For the sake of argument let’s say Glendale is willing to go as high as $10M a year. How does it find the $4M it is short? Preliminary approval of the budget says monies within the budget may be reassigned to different departments/categories but overall budget expenditures are capped at the approved amount and may not be increased. One scenario could be that the NHL is willing to forgo the second $25M payment owed to it by the city. The city could then apply those funds and cover the $4M shortfall needed to pay a $10M annual lease management fee for 6 years. Or the city could ask for greater revenue sharing from the new owner in the form of a percentage of the concession revenue, a larger ticket surcharge, all of the naming rights revenue and have the team create a new revenue stream in the form of a parking charge. All seem counterproductive but could happen. Would it cover the $4M shortfall?  I am sure somebody somewhere will have created positive projections but there is no way to be sure until one sees the revenues generated in the first year of this scheme.

If the city were to agree to pay $10M a year that would cover RSE’s need for cash to operate the arena but obviously it does not cover RSE’s $13.6M (or thereabout) annual interest payment on their debt. It looks like RSE’s equity investment if used to cover only that debt would last about three years. Then what??

There are those who will be very unhappy reading this analysis because they will perceive the recitation of these facts based upon widely media reported numbers as “negative.” Why bother with facts and dash hopes of RSE becoming the new owner? These numbers are as reliable as possible using sources available. These concepts are known to the NHL and potential owners. Now the fan base should objectively analyze these numbers (or any other numbers revealed by the NHL, potential owners, the city or the media) as we hope and wait (not so patiently) for a final end to this misery of limbo regarding team ownership.

The obvious conclusion is that RSE will bleed money and that will be the rationale for their relocation of the team after a few, short years. Just the news no red-blooded Coyotes fan wants to hear.

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Below is a verbatim transcript of the Bettman press conference. I prefer to personally hear what is being said about important issues and to make my own verbatim transcript for reference. I did this often when I was on city council and made verbatim transcripts of the former mayor’s remarks as well as staffers and other councilmembers.

It begins with the end of Commissioner Bettman’s opening remarks. I have only transcribed those portions of the press conference relevant to the Coyotes issue but I have inserted time markers for unrelated reporters’ questions. The video is posted on many sites. I pulled it from the Coyotes team website.

Bettman

NHL Commissioner
Gary Bettman

Gary Bettman (GB): “Phoenix. No doubt we’ll get a question. Obviously, we’re getting to the point where some decisions are going to have to be made both by the City of Glendale and by us. I haven’t set a deadline but time is getting shorter. We’re looking forward to realignment for next season. We’re looking forward to the future. But as we look back on this season and take a deep breath before we look ahead to the Stanley Cup Final and then to next season, we find ourselves in a good, strong place. And we’re grateful to be there. And we’re grateful to be here with all of you. So, we’ll take your questions.”

4:55 Reporter question 1 (RQ 1):  What preparations for stormy weather in Chicago?

6:20 RQ 2: Why is Olympic process dragging on so long?

7:52 RQ 3: Question about realignment, names of conferences, etc.

RQ 4: “Bill, you mentioned that Phoenix somewhat impacts the schedule being released. Does that mean or suggest the team won’t be playing there next year?”

Daly

Deputy NHL Commissioner
Bill Daly

Bill Daly (BD): Yes. It’s certainly possible the team won’t play there next year. Look at the short strokes in Phoenix now. The ownership group we’ve negotiated a deal with has been negotiating with the City of Glendale. I think everybody knows kinda what’s on the table. I think the puck is pretty much in the City of Glendale’s end with respect to how they want to deal with that.”

RQ 5: “Just to go a little further on Phoenix. Time is short. How much time do you have left? Why not have a deadline at some point?”

GB: “No reason to. It’s been a complicated process. In our minds understand that we’re dealing with a time frame. But a specific day isn’t going to do it but time is getting short and as Bill said, this is really going to be a decision that the City of Glendale is going to have to make.”

9:27 RQ 6: Stanley Cup questions

RQ 7: “Bill or Gary, I’m sure you have a Plan B or even a Plan C for Phoenix. But if they’re not playing in Phoenix next year will Quebec City, might be a Plan B or Plan C for the league?”

GB: We’re still focused on making it work with the Coyotes staying in Arizona. I don’t wanna begin a process, particularly publicly, with, where there’s gonna be a lot of speculation where the team might go, if it moved because all that would do would be to unfairly raise expectation in places and I don’t want to do that to fans in these communities. So we’re just going to leave it that we’re still focused on the Coyotes in Arizona.”

10:52 RQ 8: how were revenue earnings in a shortened season?

11:21 RQ 9: officiating during the play offs

13:38 RQ 10: Original 6 final game?

14:42 RQ 11: despite loss of 42% of season is NHL impenetrable?

16:53 RQ 12: low scoring in playoff games

RQ 13: “Does the Phoenix issue affect realignment at all especially if they have to move somewhere?”

GB: “Since one’s hope is that they’re going to stay where they are it shouldn’t and if the team is forced to relocate then we’ll have a look at it and make a decision as to whether or not it is impacted.”

18:19 RQ 14: concessions

19:51 RQ 15: after lockout will there be better revenues in the future?

RQ 16: “Two questions on Phoenix that perhaps Bill could answer. If we understand that you’ve got an ownership in place who will only take control of the team once the city council of Glendale strikes a deal, it seems that we’re working off a timeline that is controlled by the city council of Glendale. Is that correct?”

GB: “No. I’ll answer the question. The answer is no. At some point we’re going to have to make a decision.”

BD: “In other words, delay could be a no decision. Or no decision could be a decision in this case. So they understand. There’s no misunderstanding with respect to when our time table is vis a vis the city of Glendale. They know what our decision time line is and what are the decisions we have to make. There’s no misunderstanding on the parties.”

RQ 17: “You’ve spoken of keeping the team there and relocation. Does a third option of having the franchise in hiatus exist?”

GB: “There are a myriad of options and we’re not prepared to engage in speculation as to what the optionality (sic) is. The focus, at least for the time being, remains on having the Coyotes in Arizona. Obviously, we’ll have lots of choices, options and decisions and at the time, if we get to that point, and hopefully we won’t, then we’ll focus on which one is the best.”

21:40 RQ 18:  has a series with two of original 6 teams been achieved?

22:44 RQ 19: results of investigation into deaths of 2 NHL players

RQ 20: “Do you need a decision on Phoenix by the Board of Governors’ meeting on June 27th?”

GB: “Maybe. Are you trying to get me to set a deadline?”

RQ 21: “I’m just curious.”

GB: Listen. There’s a Board of Governors meeting on the 27th. There’s a city council meeting on June 28th.”

BD: “June 25th.”

GB: “I’m sorry. June 25th. Stuff’s gonna happen.”

24:10 RQ 22: world cup hockey

RQ 23: “Gary, question #15 on the Coyotes, if I may. You mentioned that you don’t want to make expectations in other places. Are there that many markets out there available that you could turn around and go to?”

GB: “There are a number of markets that have been expressing an interest to us over the years and the phone keeps ringing more regularly the longer that the Coyotes situation stays unresolved and based on the dates we just happened to talk about with the previous question, it’s causing the phone to ring even more.”

26:01 RQ 24: will acrimony of lockout be present and will GB present Stanley Cup?

26:28 RQ 25: will players participate in future world championship?

RQ 26: “If the phone is ringing about interest from other markets why is Phoenix still the best option for the NHL and can the franchise not just survive but thrive with new ownership?”

nealy

Mike Nealy

Maloney

Don Maloney

GB: “That’s a great question. So let me answer it in two parts. The first is, we try to avoid franchise relocation. We try to do everything possible. We don’t think it’s fair to fans and we don’t think it’s fair unless you have to move, to do it to communities that build you buildings. And so we’re not going to get involved in a bake-off where we’re gonna say, you know, we’d rather be here than there. We’re gonna try to preserve what’s in place. That’s what we’ve always done even when it’s resulted previously in franchise relocation. That only happens when we’ve exhausted all possibilities. We’ve now operated this club for about three years indirectly. We’ve had ownership of it. We’ve had great support by the people on the ground doing there. Mike Nealy and Donny Maloney in particular, have done a particularly strong job. We actually believe that if you gave the community an owner, not the league, who said, I’m committed to being here, this franchise could actively be successful from a business standpoint. We’ve seen what the fan base will do with all the uncertainty. We understand the dynamics from the business community and the broadcasters and the media and the people who buy suites and naming rights and all that stuff. If there was certainty surrounding this franchise its fortunes would improve dramatically and immediately just by virtue of putting in a real owner.”

BD: “No matter how this plays out I don’t think anybody can accuse us of a kind of grass is greener type approach to this. We’ve been committed to this market. We’ve done everything humanly possible to make this franchise work in this market. And now’s the time we’re gonna find out if that works.”

Glendale City Council

Glendale City Council

GB: “And again, when the obligation that we take so seriously, it starts with the fans and the community but for those of you who have been to the arena in Glendale, you know, I worry about what’s gonna happen to the arena if the team isn’t there. I think it’s likely to get boarded up because they’re not gonna have enough events to sustain it. I worry about what happens to Westgate and all the businesses and people who are employed there. I worry about the impact it may have on the football stadium, having a situation on its front steps that may not be ideal anymore and so we’re taking, we’ve taken all of those things into account over the last three years as we’ve tried to make it work. That’s why ultimately it’s up to the City of Glendale to make the decision that they think is in the best interest of their constituents and whatever they decide, we’ll abide by but ultimately whether or not this team stays at this point is their call.”

END OF PRESS CONFERENCE

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Did you ever wonder?

Posted by Joyce Clark on June 5, 2013
Posted in City of Glendale  | Tagged With: , , | No Comments yet, please leave one

nealy

Mike Nealy

Did you ever wonder who the real heroes of this whole Coyotes mess are? Everyone has an urban legend about the CEO and an administrative assistant who really ran the company. While everyone is running around trying to figure out who the new owner will be there has been a largely unnoticed cadre of people who have kept the team and arena functioning – and even thriving. Those are the people who run the arena and manage the team.

Maloney

Don Maloney

Ever since 2009 when Jerry Moyes declared bankruptcy there have been about 135 people (not counting the vendors and their employees) who have seamlessly kept the arena operating under extremely difficult conditions. Leading that list is Mike Nealy, President, Chief Operating Officer and Alternate Governor (of NHL Board of Governors). Add to Nealy, Don Maloney, Executive Vice President, General Manager and Alternate Governor; Brad Treliving, Vice President of Hockey Operations and Assistant General Manager; Jim Foss, Senior Vice President and General Manager; Rich Nairn, Senior Director of Communications; and Chris Wojcik, Senior Manager of Media Relations. The entire organization of over 100 people is to be commended but listing them all would simply take too much time and space.

Mike Nealy is a first rate COO. Without a bona fide owner other than the NHL, this man of integrity, honesty and little to no ego has skillfully managed to grow attendance last year-over-this year by 13% (social media has pegged attendance increases anywhere from 10% to 16%; 13% is an extremely reliable figure) and grown revenues substantially (double digit % increase). This occurred in a market where no one knows if and when the team will remain in Glendale, much less Arizona.

Any new owner, if even half-way intelligent, would keep this team intact recognizing that Nealy and his team have already proven themselves by fire. I’ve often wondered why anyone who is interested in buying the team has not enlisted Nealy as part of his negotiating team with the city. To date Nealy is an untapped asset.

Don Maloney adds to the success the arena and team have enjoyed. The man is a genius of a hockey general manager. His cobbling together of a competitive team on a shoestring budget is legendary. Add to these two extremely talented men the likes of Foss, Nairn and Wojcik. All of these men have added to the organization not knowing if any particular day would be their last day serving an organization that they not only work for, but love.

Then there are all of the other employees who genuinely love working for this organization and it shows. It includes maintenance to ticket sales and everything in between. Can you imagine going to work every day, giving 100% and not knowing if you have a job tomorrow? Did you ever wonder if you could do that?

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Bettman

NHL Commissioner
Gary Bettman

Daly

NHL Deputy Commissioner
Bill Daly

On May 24 media sources announced that the NHL has chosen a bride-to-be owner of the Phoenix Coyotes – Renaissance Sports and Entertainment led by George Gosbee and Anthony LeBlanc. It was also widely reported that Commissioner Bettman and Deputy Commissioner Daly along with Gosbee/LeBlanc will do a “walk around” with the Mayor and City Council on Tuesday morning, May 28th. The term “walk around” is a slang expression. It means that meeting all seven of the council at one time would violate the Open Meeting Law unless they were making a presentation at a public council workshop or meeting. To avoid violation of the Open Meeting Law these gentlemen will meet in groups of no more than 3 councilmembers (4 councilmembers would trigger a violation).

Craig Morgan is accurate in his May 24th article for Fox Sports Arizona entitled Sources: Gosbee/LeBlanc group has agreement to purchase Coyotes when he says, “ Bettman, Daly and RSE will meet with Glendale Mayor Jerry Weiers and then will hold two separate meetings, each to be attended by three councilmembers.” Here is the link: http://www.foxsportsarizona.com/nhl/phoenix-coyotes/story/Sources-GosbeeLeBlanc-group-has-agreemen?blockID=905273&feedID=3702 .

Paul Giblin’s piece for the Arizona Republic of May 24th entitled NHL may lay out Coyotes ownership deal Tuesday, mayor says reports the same saying, “Bettman, Daly and RSE will meet with Glendale Mayor Jerry Weiers and then will hold two separate meetings, each to be attended by three councilmembers.” Here is the link: http://www.azcentral.com/community/glendale/articles/20130524nhl-expected-lay-out-coyotes-ownership-deal-tuesday-mayor-says.html .

So far, so good. They both report the very same fact. From here on in, read carefully, very carefully. Morgan, in his article says, “If RSE is not able to reach an agreement with Glendale, sources (my bold) have said that John Kaites’ group is still a possibility to purchase the team, as would be Greg Jamison’s group if it could gather the necessary investors. But multiple sources (my bold) have said that the NHL is no longer interested in dealing with Darin Pastor, whose bid was recently rejected by the league.” These sources with no attribution are dealing in speculation. Could be fact. Could be fiction.  Giblin, in his article, says, “Sherwood said he believes (my bold) any potential owners will want to be paid substantially more than $6 million a year, which is the figure that’s been earmarked in numerous proposed city budgets for the arena management fee.” One person’s belief, especially in this instance, is not fact when there are 6 other councilmembers who may, or may not share that belief.

board-gosbee

George Gosbee

Leblanc

Anthony LeBlanc

What have we learned that we did not already know?  Bettman, Daly, Gosbee and LeBlanc will meet the Glendale city council on Tuesday, May 28th. It appears that RSE will become the NHL’s choice as owner. That is an assumption until the NHL makes a formal announcement. Public release of the facts of the deal are essential. Questions need answers, such as:  Is there an opt-out or relocation clause? What is the time period for either? What is the ratio of equity to debt? Councilmember Sherwood stated publicly that we will hear the deal parameters at the council workshop on Tuesday, June 4, 2013.

There is another fact that is being ignored and perhaps it will be ignored permanently as the city has the discretion to ignore all or part of the Beacon RFP– and that is the Beacon Sports/City of Glendale RFP requirements on page 5:

Minimum Requirements/Qualifications for Managers.

In order to have its response evaluated, a Manager (or if an affiliate, its parent company) must demonstrate at least one of the following requirements:

i. Is a nationally or regionally recognized facility management company which manages publicly or privately-owned public assembly and/or sports and entertainment facilities;

ii. During the past three years, has successfully managed at least one NHL or National Basketball Association (“NBA”)/all-purpose arenas with a seating capacity of at least 10,000 persons; or;

iii. The Manager must have current experience in operating such a facility on behalf of a public entity, such as the City of Glendale;

The Renaissance Sports and Entertainment group was organized only recently for the express purpose of attempting to purchase the Coyotes. They have no demonstrable experience as a fledgling group in managing any sports or entertainment facilities, much less an NHL or NBA all-purpose arena.

Coalition 1 photo

Glendale City Council
CM Alvarez absent

I applaud Bettman and Daly having finally made a decision in terms of ownership but what were they thinking? The NHL must be ready to use its muscle with a “take it or leave it” strategy. Do they seriously think a MAJORITY of this council will accept as an arena manager a newly formed group with no track record in managing an arena? And do they think a MAJORITY of this council will expend more than the $6M budgeted in the soon-to-be-approved city’s Fiscal Year 2013-14 Budget? Councilmember Sherwood says he has a plan but will it turn out to be an acceptable one? Not unless this council is suddenly willing to listen to the likes of Ken Jones, Arthur Thruston and Andrew/Darcy Marwick berating them for subsidizing a sports team during the Public Comment period at every council meeting –forever.

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deadline 1True to form, a deadline in not really a deadline when it comes to the Coyotes saga. Every Coyotes fan, hanger-on or anyone associated  with the Coyotes is waiting anxiously for May 31,2013 as if it is magical. The deadline that everyone is awaiting is the May 31st deadline to respond to the Beacon Sports/City of Glendale RFP. It is arbitrary and irrelevant because it presupposes any and all bidders for the team will submit by that date. That will probably not happen as there may be one or two bidders (or re-bidders) that will not submit to the NHL until May 31st.

The city in an attempt to cover any possible contingency made sure it has an out-clause on page 7 of the RFP, “City reserves the right to amend, cancel or reissue the RFP at its sole discretion. This includes the right to change the Response Due Date and Contract Award Date.”

A scenario could develop whereby a bidder for the team submits after May 31st. If a bid submitted to the NHL after May 31st turns out to be the best bid it will not be influenced by the Beacon RFP deadline and the NHL will be bringing them in tow to meet with whomever in Glendale when they are ready to do so. The NHL certainly hasn’t set an arbitrary deadline of May 31st. Why should it?

Of course, there is the issue of the General Manager’s and Coach’s contracts but unfortunately, they will not be determinants.

approveNo one knows what the bidders’ deals look like except the NHL and no one knows what will be acceptable to it. Maybe the “Shadow knows” (those of you who remember radio shows before TV came along, will recognize the phrase). Without knowledge of the NHL criteria no one knows if there is even a would-be bride out there.

I would think any deal heavily debt-laden with very little equity would make the NHL very, very nervous. No one, least of all the NHL, wants to repeat this ordeal (for that is what it has become) for a very long time. A deal with a lot of debt opens the door for the possibility of a repeat performance.

So we wait. It will happen – or not – when it happens but don’t hang your hat on an arbitrary deadline. It’s like “where’s the pea?” The deadline can be under any of the shells and none of them may be labeled May 31st.

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