Archive for April 2009

Your Guaranteed Right to Speak and Discuss topics of interest

We all have the right to speak at meetings.  We all have the right offer discussion on comments made by our neighbors.  These are our rights and they cannot be denied or refused by anyone. 

We generally have three types of important meetings:  Meetings if Units’ Owners- also called Membership Meetings, Meetings of the Executive Board and Town Hall Meetings.  Every homeowner has the right to speak and discuss issues at all three types of meetings. 

Nevada law requires at least one meeting of units’ owners per year.  Here in Sun City Anthem such a meeting is typically held in November.   That same law requires a period of time devoted to comments by units’ owners and discussion of those comments. 

We all have the right to speak at Membership Meetings about anything we feel is important plus we all have the right to offer discussion on comments made by our neighbors. 

Separate Nevada law covers Meetings of the Executive Board.  Here in Sun City Anthem board meetings are typically held every month.  That law also requires a period of time devoted to comments by units’ owners and discussion of those comments. 

We all have the right to speak at Board Meetings about anything we feel is important plus we all have the right to offer discussion on comments made by our neighbors. 

Even though no action can be taken, a Town Hall Meeting is indeed a board meeting and typically held every month.   

We all have the right to speak at Town Hall Meetings about anything we feel is important plus we all have right to offer discussion on comments made by our neighbors. 

Discussion on comments made by others may be supportive or they may be in opposition or they may be an elaboration.   It is reasonable that any discussion we offer be polite, courteous and focused on the same topic raised by our neighbor who made the original comment. 

Certain unscrupulous SCA officers and directors have deliberately tried to prevent us from offering discussion on comments made by our neighbors.  Such actions are a violation of Nevada law and a violation of our rights.  We do not have to tolerate such gross misbehavior.

Updated BLM Guidance

George Meese has asked that the following be posted:
-----------
From: Shonna_Dooman@blm.gov [mailto:Shonna_Dooman@blm.gov]
Sent: Thursday, April 23, 2009 4:01 PM
To: George E Meese
Cc: sloanhillseis@blm.gov
Subject: Re: Cemex/Service Rock Project

Dear Mr. Meese,

Thank you for your interest in the Sloan Hills Competitive Mineral Material Sales
Environmental Impact Statement (EIS).  I appreciate your efforts to ensure letters
and comments are as easy as possibly to receive.

Since the scoping period that was open from June 11, 2007 through January 4, 2008,
the EIS has changed. We now anticipate that the Draft EIS will be available for
public comment beginning mid-October 2009 with public meetings held in November 2009.
Generally, the most effective times to comment are during the scoping period (in this
case June 11, 2007 through January 4, 2008) and the Draft EIS comment period (estimated
from mid-October through late December 2009.)  That being said, BLM will accept
comments at any point during the process.

No matter when comments are submitted, the following tips should help in providing
effective comments: To be most effective, comments should be specific and factual.
Comments should focus on the range of alternatives, including any recommended alternative,
resource or human communities most likely to be affected by the proposal and the kinds
of impacts to the environment that should be evaluated Sloan Hills Competitive Mineral
Material Sales Environmental Impact Statement.

Please note that petitions and form letters are only counted as one comment.

The format you choose is up to you. Comment forms are available, but not required. You
don’t need to type your comments as long as they are easy to read.

   • Be brief so the reviewer won’t miss the point of your comment.
   • Be specific so the reviewer clearly understands your concerns. Say, “I am concerned
     about how this will affect…” rather than just saying, “Don’t do this.”
   • Know your subject so that your comments are both focused and accurate.
   • State the facts and back them up where possible. Be sure to reveal your sources of
     information to help make your point.
   • Be honest and realistic. Distortions of facts or misstatements may cause the reviewer
     to question the accuracy of your other statements. Requests that are not legal or
     feasible also reduce the credibility of your comments.
   • Be polite. Even though you may be upset about a proposal, try to state your opinion
     objectively. Communication is increased by extending the same courtesies to agency
     staff that you expect from them.

* - If you provide written comments and wish to withhold your name or street address from
    public review or from disclosure under the Freedom of Information Act, you must state
    this prominently at the beginning of your written comment.  Such requests will be
    honored to the extent allowed by law.  All submissions from organizations and businesses
    and from individuals identifying themselves as representatives of officials of
    organizations will be available for public inspection in their entirety.  To ensure that
    comments get to the right place, I recommend addressing them this way:

Shonna Dooman
RE: Sloan Hills EIS
BLM Las Vegas Field Office
4701 North Torrey Pines
Las Vegas, Nevada  89130

The website for this project is up and running and it can be found by a link within the "In
the Spotlight Section" of the following page: www.nv.blm.gov/vegas. We've also set up an
e-mail address for comments, questions and concerns:  sloanhillseis@blm.gov.  I ask that
this email address be utilized as much as possible so that comments and questions regarding
this project do not get mixed up with emails concerning other aspects of my job. Hopefully
that will keep something from being lost.

Thank you again for your interest.

Shonna Dooman
BLM Las Vegas Field Offic

Trumpets: To Indemnify or to Survey?

Lest we forget, the critical issue with the restaurant lease is whether the board majority elects to:

1. Indemnify the lessee against customer complaints, or

2. Conduct a survey of members to find out if a majority of those responding agree with supporting the selected restaurant lessee in the future.

The first option is unprecedented. It would cost a great deal in both direct and indirect expenses. And, the resulting agreement could be used to charge the participating directors of willful violations of their fiduciary duties.

The second option could be done quickly and cheaply to resolve the dispute. It also could provide a golden opportunity to alert all SCA members as to what is planned, and when Trumpets will be re-opened.

Such a current survey about current restaurant matters could also be used to develop a mailing list of members who responded and who wanted to be kept updated on operating schedules, menus, and special events supported by the new lessee. What a gold mine of information that would be mutually beneficial for achieving success with a new lessee!

So, why is the board majority fighting so hard to keep from sending out the survey and eliminating the need for any more wasted efforts on this issue?

It is about their egos. Roz and her collaborators refuse to compromise–even when a great deal of association money, time and member convenience is being wasted.

The situation is shameful, but it clearly illustrates why there have been so many inexplicable disputes in the past couple of years.

Bob Frank
SCA Director

Restaurant Lease Update

Here are my responses to two recent posts by David Berman on his blog:

1.  David Berman added to his blog about the Trumpets Lease that says:

“Board member Bob Frank asked if the proposed minimum monthly rent of $6,500 would cover SCA’s costs. Both Forgeron and Board Treasurer Shirley Cheri said that Hernandez will also be responsible for payment of his utilities, and that the rent is at least enough to cover all of SCA’s expenses, including the amounts needed to fund the restaurant’s reserve accounts. Forgeron added that because of the resident interference, the proposed rental amount includes a concession of what had originally been sought.”

Translated = NO!  The proposed rental amount has been reduced. Current lease plans are for SCA homeowners to continue to LOSE MONEY! The “negotiating team” is planning to “indemnify” the lessee against losses, but NOT the SCA homeowners!

Do we now know why there has been much double-talk and secrecy, and why no deal has been announced before the board voting is over?

Is there anyone left who is confused about why I have questioned the common sense and ethics of the Board Presidents and Treasurers who have controlled the leasing of our extremely valuable restaurant facilities for the past four years?

———————

2.  There are too many deceptions and outright false statements in David Berman’s (DB) blog about yesterday’s discussions on the restaurant lease fiasco to deal with them all. But, here is one item that shows how easy it is to discredit DB’s spinning:

DB said: “Bob Frank, reminding the audience that he had opposed making the restaurant open to the public, said that residents should be surveyed on that subject.”

Berman’s statement is false. He took words out of context from my comments on multiple agenda items, and I have the recording to prove his deception. For example, concerning:

- PUBLIC ACCESS: My comments were made concerning Agenda Item XII.C.3 where the Finance Committee (FC) was recommending spending over $70,000 for replacing kitchen equipment–BEFORE we have finished negotiating a lease agreement!

This FC recommendation came:

(1) after the board had already spent $150,000 last Fall to repair and replace Trumpets furnishings and equipment for the New Years Eve party;

(2) after about $50,000 was spent over a year ago to clean, refurbish, and replace Trumpets premises and equipment; and

(3) without requiring a business case by RMI to show why the repair or refurbishment of existing equipment items would not be a much better SCA option than buying all new equipment for the next lessee.

I have said in the past (when it was still possible to have a members and guests only policy for Trumpets) that I could continue to support the developer’s “turn-key” approach to equipping and maintaining the restaurant premises and equipment.

But, once the board majority had established the policy for public access using a commercial lease, I could no longer support the past policies of fully equipping the kitchen.  SCA can no longer justify a policy of owning, maintaining and providing everything to a restaurant operator. Members should not be forced to continue to pay assessments to maintain such very expensive restaurant equipment used to produce external profits for a lessee.

- MEMBER SURVEY: My oft-repeated requests for a member survey about the Trumpets lease was made during discussions of Agenda Item XVI.A. They were proposed to resolve the year-long, highly contentious issue of whether, or not, the board has the unilateral authority to sign a long-term restaurant lease without member agreement. The issue is easily resolved, and the results would replace the obsolete restaurant survey data taken in 2007.

A current member survey about the proposed lessee and its food service offerings could be included at little to no cost in one of the routine mailings to members. It could be completed in less than 60 days. History proves that thousands of members might quickly respond to a trumpets survey. And, since trumpets is not projected to be in operational before October 2009 (2 years after the last lessee was removed), there is time to consult with our membership.

However, the board majority has refused to conduct such a survey, and the Board has produced no reasonable rational for refusing to take such a logical action. That kind of practical business/marketing approach could keep members informed and significantly increase the likelihood of future lease success. The results could also provide critical feedback on whether the proposed lessee is likely to get support from most members.

Both the Board and the lessee should be highly interested to know if a CURRENT survey of CURRENT members does or does not show high member interest and intended support of the proposed lease. The risks of failure to BOTH parties is very high if NO survey is conducted–while they continue to fly blind with insufficient and/or erroneous information.

Bob Frank
SCA Director

Cooperate to Protect Homeowner Rights - Good Idea

Here are the comments made by homeowner Tim Stebbins at the April 23, 2009 board meeting.  They have been included with the minutes of that meeting.

———————-

I would like to see the SCA board of directors operate in compliance with all laws, operate in the best interests of the Association and respect and honor the rights of SCA homeowners.

In just the past few months Nevada State investigators have found this current board guilty of violations of Nevada law at least three times.  In each case Nevada State officials issued disciplinary action against the board.  The common thread of the violations seems to be abuse of homeowner rights.

The CAM has told use there are many more complaints currently under investigation by the State. It may be the current SCA board is in more trouble than any other board in the history of Nevada.

To me this is not a healthy situation.  It is an embarrassment to our wonderful community.  It could scare off potential buyers and have a negative impact on home values.  Some corrective action seems warranted.

I suggest the board of directors hold a series of workshops or other sessions including homeowners with the goal to establish a professional cooperative environment where the board will indeed operate in compliance with all laws, operate in the best interests of the Association and respect and honor the rights of SCA homeownrs.

Are SCA Reserves “Audited”?

Concerning the old and very recent comments about whether the SCA Reserves are audited or not, here are my latest comments:

I recorded the 2009 board meeting being referenced on other blogs and during the campaign forums.  Mr. Lein clearly stated that he DID NOT/COULD NOT audit the reserves.  Mr. Lein does review the bank balances of the reserve accounts, but his company does not validate the data and the processes of calculations of reserve requirements.

The actions of some board members and candidates to try and deceive members on this key issue is strange. Why do it?  They know they are being deceptive. Do they really think so many of us are uninformed or unthinking?

It should also be mentioned that untrained and unqualified SCA members did the work to revise the so-called Reserves Study “Look-Back” project last year. In my view, this project created an illegal and improper modification to an already seriously flawed reserve study that had been previously submitted by the developer in 2005-2006.

The “Look-Back” project group significantly modified our reserves calculations on how much money should be in each reserve account. The project group also might have inadvertently established an excuse for the developer to try to avoid paying the hundreds of thousands owed on the reserves since 2005.

That Look-Back project was led by Jack Troia, Mike Dixon and Roz Berman–under the claimed oversight of the Finance Committee. The revised engineering data developed by Jack Troia’s project group was submitted to the association’s Reserves Study sub-contractor. The board majority approved the study group’s results without having a detailed review or audit of the recommended changes.

The licensed reserves contractor reported it inserted all of the submitted data into the SCA Reserves Study WITHOUT validating it. The results were major changes to the financial data calculated by the reserves study contractor. The new reserves results were used to adjust the SCA 2009 budget and assessments.

Since neither the reserves study contractor, nor the auditor validated the data modifications made by the Look-Back Project group, we have had no mechanism to verify the accuracy of our reserves computations.

That does not prove mistakes were made, but it does show why so many members are alarmed by the way SCA reserves are being managed. It also explains why so many, especially myself, are demanding that we have a forensic audit on the reserves program starting in 2004.

Since millions of dollars and the future health of our association are involved, not having an effective, third party way to validate this major element of our community’s financial program is a serious deficiency. Perhaps now you know why some individuals do not want members to look too close at how the SCA reserves are managed?

In case you missed it, below is the link to my official request of Auditor Gary Lein concerning my request for special audit issues for this year. No answer has been received, and I believe that Board President Roz Berman has directed him to ignore my letter. Again, why would she do that?

http://blog.anthemvoice.org/2009/02/19/special-audit-items-for-2009/

Bob Frank
SCA Director

A word to the Wise (and the Un-Wise)

If you are currently worried about the sinking value of your Las Vegas or
Henderson home, you might want to read the (very abbreviated), story in Today’s Review Journal (Page 3B under “Top News”).
 

The story reports that a new low water mark is expected this year that has not been seen in the last 44 years (How many homes and Mega Casinos were here 44 years ago?). 

By this coming July the reservoir is projected to be 13 feet lower THAN IT IS NOW. 

Wake up my friends. How much would some one offer to pay for YOUR home if the water rates were restricted to half what you consume today, and the rates were doubled or even tripled? 

We almost ALLWAYS seem to be behind the curve when it comes to the issues that impact our lifestyles and our wallets. Will this be yet another example? 

  

Passing the Buck is Cowardly

(This article in response to a vicious personal attack today on Ron Johnson’s bog.)

Thank you David Berman for that last attack. It shows your true colors.

For homeowners: Please note that key founders of the Unity Party (David and Roz Berman) have again demanded that I file a law suit against the association. Is this the “cooperation-not confrontation” policy claimed by the unity party? Is this the party of peace, harmony and team work? Or, is this just a clear sign of a phony mantra? Will we see any unity candidates, unity directors, or other members of the unity party disavowing the Berman misconduct?

In my various postings below and on the AV website, I explained why I am entitled by law to have my expenses reimbursed. David Berman’s serious conflicts of interest and his background of ethical misconduct and status as a suspended attorney makes his legal opinions worthless.

Filing a law suit to collect what is due me would have to be my last resort. As long as I am a member of the board, my fiduciary duty requires me to be concerned about the impacts of any law suit on our association. David and Roz Berman know that, and have used it against me.

Meanwhile, SCA homeowners deserve to be fully informed on the legal issues and the potential costs BEFORE the board decides to invite a law suit. Such a law suit could be very expensive and very damaging to the property values and lifestyles of the whole community. Members should also be allowed to express opinions before the board confirms it wants to go to court to directly challenge the distinguished Nevada Trial Lawyer Association President, Bob Maddox.

Of course, no one has the right to demand that I absorb a lawfully-authorized $30,000 legal defense bill. I was falsely and unjustly attacked through the State of Nevada by the SCA Board of Directors. And, after the Attorney General had reviewed the allegations and months of investigations, I was found innocent, and all charges were DROPPED. The association is obligated to pay for the board’s willful misconduct–one way or another.

In addition, before a final decision is made by the board, SCA homeowners should receive a written opinion from a totally independent attorney. There is no public written opinion from John Leach.  And, even if a Leach opinion was released, it would be of no value since he has such UNRESOLVABLE conflicts of interest on this matter.

Finally, it would be appropriate for the current board to pay this bill and not dump it on the next board.  Passing the buck would be cowardly.

Bob Frank
SCA Director

Answer to Law Suit Question

At the Town Hall last evening, once again, “unity party” dirty political tricks were apparent.  The attached file is posted in response to a (misinformed) member question:  “Why have I heard that you are always threatening to file law suits?”

The fact is, I have never filed a law suit, and have not threatened one.  Instead, for almost 18 months, the board officers have used legal actions to harass and retaliate against me for disagreeing with their covering up millions of dollars of past financial misconduct.

Led by the 2007 and 2008 board presidents (Mike Dixon and Roz Berman), and advised by the association attorney (John Leach), the other directors have systematically cooperated with efforts to try to personally destroy me through the Nevada Government Agencies. If I had been wrong about my claims of financial misconduct and/or fraud, they could have just ignored me since they had the majority votes to disregard my concerns.

But, the other directors have viciously attacked me through the State of Nevada since September 2007 and forced me to spend over $30,000 to defend myself against 110 pages of false allegations of law violations.  A few months ago, I was 100% cleared by the Attorney General and Real Estate Division, and the association has been required by law to fully reimburse my defense expenses.  But, the SCA board, led by Roz Berman, have violated the statutes and SCA by-laws and refused to pay.

See the attached file for more details on how others are commenting on Ron Johnson’s blog.   False political rumors by the unity machine are exactly the opposite of the truth.

Bob Frank
SCA Director
bobfrank@cox.net

RJ Blog Comments on Indemnification As Of 18apr09

Roz Berman’s “Car of Credibility” crashes into the “Wall of Distrust”

Last night at the Town Hall Meeting a very perturbed resident named Gerry was forced on the unsuspecting an uniformed audience by Roz Berman (our board President) to act as a “Facilitator”. Roz claims that the residents actually wanted MORE interference than they had in the past, and were subjected to more hoops to jump through like dogs in a circus ring. 

This was clearly done in retaliation for the embarrassment she has endured because the recent revelations of the secret meetings she (and other board members), conducted.  

My apologies to Gerry. You (along with the growing numbers of the angry members), were treated unfairly by some very mean spirited “Unity” board members who will do anything to avoid being criticized for their unprofessional conduct.

Ron Johnson Alleges Fraud

On his website, Ron Johnson has continued his multi-year disagreement with Roz Berman, Mike Dixon, Jack Troia and others on the board and finance committee concerning the neighborhood reserves issues.

For your convenience, here are two of his latest editorials:

Fraud Against Neighborhoods
Do Not Vote For Deceit

Roz Berman & Troia Roles in Trumpets Losses?

Bob Frank said:

Gordon Blugis was previously commenting (on Ron Johnson’s blog) about the 2006-2007 board actions to extend and sweeten the failed trumpets lease, and he asked: “Can anyone refresh my memory on the position taken that evening by Mr. Troia, currently candidate for the SCA Board?”

My response: The history of the events Gordon is trying to describe is more complex than he has reported. For example, the 2005-2006 Board and their Finance Committee (1) did not collect the hundreds of thousands of dollars in rent and revenues shares owed under the lease for a period of over 2 years, (2) wasted over 2 years “negotiating” a lease amendment that had absolutely no benefits to the community, and (3) wasted thousands of dollars on a survey and campaign that attempted to deceive SCA members into approving their bogus amendment. All of that happened well before the 2007 Board terminated the lease by moving to prevent an extension for another 5 years.

However, Gordon is 100% CORRECT about Jack Troia’s personal involvement in the failure to collect hundreds of thousands of association dollars from the lessee between 2005-2007. Jack Troia was the Finance Committee Chair from 2005 to 2007, and Jack Troia was a key member of the SCA financial management team that worked to create and sustain the trumpets lease fiasco during that time.

But, there is much more. It has been reported many times during the past two years by Ron Johnson, Norm McCullough, and others that Jack Troia and Roz Berman were the leading finance committee members that led to our failure to collect the hundreds of thousands of dollars owed in 2005 to our reserves by the developer. And, there are no acceptable excuses for that gross failure.

Jack Troia was also the Finance Committee Chair when Alan Socolik was “fired” from the Finance Committee in 2006 for daring to insist that the trumpets lease be handled according to generally accepted accounting practices. Imagine! A highly qualified volunteer was FIRED by Jack Troia for daring to insist that funds due from the trumpets lease be accounted for according to statute! As a result, the trumpets financial data was never accounted for within our financial system as it should have been. That proves to me, and many others that our trumpets lease records need to be reviewed by a forensic auditor.

Jack Troia was also the key finance committee member who directed the SCA income tax planning and execution that appears to have resulted in significant errors in SCA’s returns in 2005 through 2007. We are waiting for an IRS audit to find out the whole truth in that important tax matter.

Meanwhile, it is fair to say that Jack Troia and Roz Berman have been key members of the management team in power while SCA was suffering hundreds of thousands of dollars of losses since 2005.

Bob Frank
SCA Director

Dues Were Significantly Overcharged in Past Years

Below is my response to Al Glickman on Ron Johnson’s blog concerning dues/assessments :

——————-
Al Glickman said:

“I give up.

I guess it’s true that Roz Berman, Jack Troia and everyone else except Bob Frank who have had anything to do with running SCA or handling our finances over the past three years are just bad people. I’ll just forget the facts, such as that our dues are still rediculously low for everything that we have here in SCA and that despite the lousy economy and the puny investment return rates out there, SCA is still presently in excellent financial condition with substantial cash on hand and more than adequate reserves. It is far more important to concentrate on purging the board of those who have created such financial mismanagement.

Yes, SCA may have been shorted somewhat by the developer, but surely, given our current financial situation, this is making a mountain out of a molehill. The idea that everyone here has been screwed, blued and tattooed to a point where we have all been irrevocably hurt is just a bunch of hogwash.

I hope that Ron Johnson is correct when he states that the Attorney General’s office is completing an investigation on what happened during the transition period and that the results will be forthcoming soon. My question is that if such an investigation concludes that things were not quite as bad as some seem to think they are, will the crusade end at that time?”

———–

For Al:  Thank you for finally making your position clear. Your latest post can be of great service to the readers of this blog. I recommend that everyone read and analyze it carefully.

For readers: Please note that the law and income tax rates require that our assessments be set to cover our annual operating expenses and reserve requirements. Good financial management dictates that we collect what we NEED from members–not less and not more.

The Board is not legally allowed to arbitrarily set assessments based on the “prevailing rates” of other HOAs. If our community property management needs are actually less than other HOAs, so be it! There are good reasons for such lower operating costs, but that is a topic for another article. Meanwhile, the frequently heard argument that “SCA dues are low, so why worry?”, is both deceptive and legally indefensible.

In the 2007 budget, the Finance Committee and Board reported the association had accumulated over $3.7 million in “Surplus Assessments” since 2005. Those funds were designated as “surplus” because the cash was left over after all bills had been paid and SCA reserves had been funded to over 90%.

Surpluses continued to significantly increase in 2008–even though SCA expenditures significantly exceeded receipts. But, in the opinion of many members, if I and a few other members had not put so much public pressure on the unjustified assessment rates and the income tax discrepancies, you would not have seen a dues reduction in 2009 from $1,100 annually to $960. Facts indicate we could have another dues reduction in 2010–regardless of what you may have heard about the projected very high costs of opening and operating the 3rd recreation center.

So, when anyone says that SCA is in “excellent financial condition” it is primarily due to cash surpluses. It is not a result of “brilliant” financial management. Members have been significantly overcharged by the Boards for many years, and the multi-year surpluses have not been returned, not credited against future obligations and income taxes have not been paid on the “profits”.

Not only is over-charging and arbitrarily rolling over the profits without member approval against statutes and against tax law, it is just plain dishonest to claim that good financial management has created the surplus cash position that the association enjoys. We deserve much better board leadership, and much better financial management policies for the future.

In the meantime, I still remain hopeful that some of the financial management participants in the past will come forward and confirm most of the above. I know how difficult it is to openly oppose the powers that be; but, we all need to preserve and protect our self-respect and rights to make choices without fear of retaliations.

Bob Frank
SCA Director and candidate for re-election

Save Your Water Heater!

Some members have asked that more attention be given to the presentation by Gil Mars at AV’s Seminar on April 7, 2009.

If you follow Gil’s recommendations, you will save water heating costs and get more years of service from your water heater.

So, here is a PDF version of the slide show.  Write us if you have any difficulty in viewing the PDF file.

Water Heater Maintenance Slide Show

110+ Attend AV Seminar on April 7

An ANTHEM VOICE seminar attended by over 110 SCA homeowners was held in the Anthem Center on April 7 from 6:30—8:30 PM. It was arranged and hosted by Bob Frank, Ron Morse, Ken Anderson and Tim Stebbins.

This event covered a wide variety of issues of current concern to Sun City Anthem homeowners. The meeting room was rented by AV and made available free of charge to all SCA residents. AV seminars are offered so Sun City Anthem residents can have access to the latest information available on issues affecting their health, lifestyle, and home maintenance. Anthem Voice seminars draw upon the exceptional skills of SCA residents in combination with outside professionals. Invited professionals attend at no cost and no obligation. They are present to assist our SCA members with unique information. Useful handouts on most issues are made available to attendees.

After an introduction by Bob Frank, the 1st session focused on the Bureau of Land Management (BLM) open pit mining project planned for 3 miles south of the community. Bob had made the Anthem VOICE arrangements with BLM to make the presentation. George Meese, SCA’s volunteer Committee Chair to Oppose the Mine, served as session moderator.

After some introductory remarks, Mark Chatterton, Assistant Field Manager for Nonrenewable Resources for the Las Vegas BLM Field Office, answered resident questions and instructed them how to best make their voices heard on the issue. He emphasized the need for sending individual letters to BLM and senior government officials that focused on health, air quality, traffic, and the expected extremely high water consumption concerns versus personal financial impacts. It was generally agreed that the session was exceptionally useful, and that many more such events were urgently needed.

See the attached files for more project details and for government contact info.
blm-project-contacts.pdf
kill-mine-project.pdf
april09_lvv_pg3.pdf

Session 2 was moderated by SCA homeowner Ken Anderson. Mark Cook assisted. This session focused on SCA homeowner construction defects. Expert presentations included information on yellow brass plumbing failures in Kitec, Rehau and Wirsbo systems, floor tile cracking, slab cracks in Del Webb Phase 1 homes, patio/flat roof drainage problems in DW Phase 1 homes, and Pulte sewer backup valve problems.

Speakers included construction defects special attorney Troy Isaacson from Robert Maddox & Associates who provided up-dates on SCA home construction defects issues.  Mr. Isaacson also included details on why homeowners should immediately get involved with strongly opposing Senate Bills 349 and 337. These bills are intended to radically modify construction defects laws to the great advantage of developers and builders.  For example:

·    SB 349 would allow builders to violate building codes without penalty and take away homeowner rights to legal fees when they are sold a defective home.

·    SB 337 cuts in half the amount of time a homeowner has to hold a builder accountable for construction defects and puts limits on homeowner rights–even when one is the victim of a fraudulent builder.

·    Immediately contact Senate Judiciary Committee Chair Terry Care (775-684-6503) and Vice Chair Valerie Wiener (775-684-1422) to find out more details and to express your strong objection to such legislation.  See this file for more contact information:  condef_bills.pdf

Session 3 was led by Gil Mars (SCA Resident and long-time home plumbing maintenance volunteer). Gil gave an exceptionally valuable presentation with many photos of problems and on how to double water heater effective lives from an average of 4 years to more than 8 years.  Even those in the audience well versed in such matters were overheard to remark about how valuable Gil’s recommendations were. This topic will need to receive much wider exposure in the future. Every Southern Nevada homeowner could benefit from Gil’s expert advice.  See PDF version of the slide show:  Water Heater Maintenance Slide Show

Considering the big turnout for the evening with such highly focused questions for over 2 hours, it was obvious that SCA residents are starved for specific information on how to cope with constantly changing construction defects issues, and how to deal with Nevada’s water corrosion problems. New and complex issues are frequently popping up. The full information is almost never available, solutions are rarely obvious, and results are usually expensive.

Many residents asked for regular meetings on these issues. It was clear the Board of Directors should be sponsoring these events. At least the board should not be charging $100 per room for the opportunity to put them on. Please send email to anthemvoice@cox.net with your opinions.

Member Report on AV Seminar

I would like to be the first to compliment and send a sincere “Thank You” to the Anthem Voice members who sponsored the seminar last night in Anthem Center. What a great opportunity for the residents to get REAL information form REAL experts!

The time allotted to The BLM pit mine project, and the informative interaction with the BLM representative was greatly appreciated by all who attended. Your involvement is needed if we are to have an effective response to our health and safety. PLEASE become involved.

The Law firm representatives from The Maddox Law firm were there to explain in detail what SB 349 and SB 337 means and what effect it can have on the home owners living here in Sun City Anthem. If you could not attend last night, PLEASE take the time to learn the facts and tell the Senate Judiciary Committee Member to vote NO on both these bills. You can get the contact information from Anthem Voice.

Time allotted to the informative information about class action lawsuits was more appreciated and well received in my opinion, but is still not well defined, but none the less the information that was presented is more than we have received from any other source in recent months and was very much appreciated.

Also a very special “Thanks You” to speaker Gil Mars who presented information and answered questions about water heater maintenance and how to extend the life of that major appliance we all have in our homes. You did an EXCELLENT job Gil, and I’m sure that the members who attended all came away with more knowledge that they had before.

All in all it was a super performance. Thanks to all who put it together. To me it shows what neighbors can really do if they can just agree to help each other. Knowledge is the key, and last night Anthem Voice demonstrated they are concerned about EVERY ONE in the community.

Take a bow, Anthem Voice — The applause is well deserved.

AV Seminar Tonight @ 6:30

Reminder:  the Anthem VOICE seminar on construction defects and BLM open pit mining is from 6:30 to 8:30 PM tonight, Tuesday, April 7, in the Anthem Center.

Here is the flyer and the agenda for this seminar:

av-seminar-agenda.pdf
8-7apr09_av_seminar_flyer-final.pdf

Here is some BLM-related information provided by George Meese:
blm-resident-work-group-letter.pdf
blm-phone-directory-_small-type_.pdf
blm-phone-directory-small-type.doc
blm-resident-work-group-letter.doc

Seating is limited.  Those who have reservations will be guaranteed a seat.  Other SCA members are encourage to drop by and use any vacant positions available.

This will be a highy informative seminar–don’t miss it.  We may not host another one this year.

Norman McCullough apologizes to Barnett Sturm.

Yesterday, my wife and I along with some good friends attended the current events annual candidates forum. As always it was a great chance to meet and hear the candidates, and because the questions are not pre-screened, it often gives the members a chance to see the candidates reaction to a question they really didn’t want to hear. For me it was a real eye opener, and today I offer my sincere apology to Mr. Sturm.Mr. Sturm It’s no secret that I dislike David Berman, and I make no apology for that. When I read your statement on David’s BLOG, I reacted because I had convinced myself that you had relinquished your independence and joined the “UNITY” camp and were about to join the “lock step” society that has given this wonderful community a “distasteful” history. But - from what I heard yesterday, you have indeed changed my mind.

I have often been asked “Norm - Why do you still cause trouble and raise such a “fuss” about something that happened a long time ago?”. Recently I have asked myself that same question - many times. I guess the only answer I can give follows.

What happened to the residents in this community that purchased a Villa home was (to put it mildly), was unfair and unwarranted. I really don’t care if Mike Dixon or Roz Berman or Jack Troia or Favil West or Kay Dwyer can claim what they did was for “The good of the entire community”. In my humble opinion that’s only a “cop out” that leads to corruption.

One of the problems I have with politics is that some politicians really believe that a “majority” can NEVER be wrong. History has proven time after time that is not true, and if taken to the extreme it can result in entire countries being dragged into war just to satisfy the ego’s of a few people. That why this country is so great. We have (in America), devised a government of branches - one branch to counter balance the others. If one citizen (or a minority group of citizens), believe they have good cause to complain to the government, they can take their case “all the way to the top”, and they will receive justice. The Villa owners may be a “minority” in the eyes of the majority members now sitting on the current board of directors, but in my view I have every right to be vocal and complain about what happened in the past. What saddens me is the fact that many of residents who do not understand and who listen to people like David Berman who defends the transgressions of the past have joined hands.

Barney, your words yesterday convinced me I was wrong, and I now apologize. Your name is now on my ticket.

Similar to Sun City Summerlin?

I maintain personal relationships with leaders in many NV Homeowners Associations, and the following is a quote from a recent email from Sun City Summerlin member who was writing about SCS problems. For those who are NOT among the group who support the unity machine’s political policies of covering up past financial management and misconduct, this Sun City Summerlin member quote may be useful.

SCS is much larger than SCA, and it has been in operation for about a decade longer. And, because that community has not resolved its historic financial issues and undemocratic board management styles inherited from Del Webb, the community is still suffering. While many community factors are different, the history of financial mismanagement and chronic board misconduct are hauntingly similar. There are SCS lessons to be learned by SC Anthem.

This post is also a reminder that community peace and harmony depends upon implementing ethical financial management, open governance, and compassionate leadership by our board of directors. Despite the intense political spinning, most of us know we have a lot of work ahead of us. But, the journey will be worth the collective efforts. With better leadership, SCA can become the dream retirement community we all hoped for when we purchased our homes. In the meantime, there will continue to a growing number of SCA members who will not tolerate anything less than good governance.

QUOTE:    (I have replaced the SCS names with XXXX to protect them from personal attacks.)

XXXXX:
“You are much too kind. It is not selective memory, but Boards for years lying to the shareholders and cheating them out of information they need and deserve.

“You just happen to serve on a Board that has 8 Directors committed to the belief that a very small group of people in this community are the only ones who know what is best for all. Let’s see what happens with the Fire Station negotiations. If it is handled like the NEW OWNERS RESERVE ASSESSMENT (NORA) was this community is in for another failure, in a long line of failures, like XX XXXXXXXXXXX, etc.”

“Remember our leaders truly believe that it is better to waste millions each year then to have realistic dues. They have always claimed that it was worth it and needed to keep up home values. What a joke.”

“Businesses that could be made profitable, and still have lower dues, is what will help home values. I think by now even they and their Realtor and CAI friends realize that home values are what they are, and running an Association as a slush fund is not in the best interests of the homeowners.”

“The answer to all our problems, even with the constant perversion of NRS, is to have a Board that knows how to run a Corporation. Right now we have only you, and perhaps an Executive Director, who might be able to do the job with a knowledgeable Board. XXX XXXXXX

p.s. XXX it was great to see you on the chat line. Someday we should write a book about this place. We could call it “THE TRUE HISTORY OF SUN CITY SUMMERLIN.” There aren’t many of us old timers around any more.”

UNQUOTE

Refusing to look back to fully correct past failures is a recipe for stimulating more and more antagonism and disruption. It is similar to what happens when one ignores infections or cancer. The problems must be effectively resolved, or else.

Remember to Vote, and to vote smart in this board election. The future of our community is in the hands of those who vote.

Bob Frank
SCA Director and candidate for re-election

The Latest David Berman Lie

Disgraced blogger David Berman, who has had his head firmly up his own you-know-what ever since he began his political killing machine that he calls “Anthem Journal” is at it again.

He now complains that Ron Johnson’s truthful and incisive and factual articles are; (Quote from David);

“intended to damage my credibility, as well as the credibility of at least one Unity candidate”

Sorry David - you did that yourself years ago in a Boston court room. You destroyed your own self worth and your own “good” name and now you cower in a corner flailing at the world because the door of exposure was opened.

Now you want to divert attention from the disgraceful conduct of you and your past cohorts that allowed Del Webb to skip out on the State of Nevada requirement imposed on a developer at the time of transition when YOU served on the board. You and Roz, and Jack Troia are so afraid of a forensic audit you now want to “stack the deck” by once again “rigging the election” by promoting a majority of candidates that will “keep the lid on the past”.

You haven’t learned anything, nor have you repent from your past digressions, and your behavior towards female members of the community is the mark of a seriously disturbed individual.

Rant on David - I’m sure the community enjoys your cry baby pleas for attention and your whining about what is the truth being merely “unfair” tactics. You may even convince some that you had nothing to do with the recent disgraceful SCARF episode. But - you have about as much credibility as Mr. Maddoff who recently downsized his mansion for a “grey bar” suite.

When Mr. Johnson wrote;

“With such gross and flagrant misrepresentations of events and facts, one might get the impression that David is letting his past catch up with him.”

His remarks were “dead on and done right”. You are the one with the credibility problem of your own making.

Now you accuse Ron Johnson of being (Quote);

“a much greater threat to our community”

The only threat to our community David is the cover up you and Roz and Jack Troia are promoting. Roz has never answered 17 issues that she promised to answer on July 20, 2007, and Jack Troia STILL won’t answer how he managed to shrink a Villa. We don’t need magicians elected. ESPECIALLY WHEN THEY HANDLE OUR MONEY. There has been a lot of things swept under the rug by a lot of people, and now it’s time to do some house cleaning.

Instead of “little bitty” complaining why don’t you get Roz and Jack Troia to answer THIS question?

WHY DIDN’T THE BOARD OF DIRECTORS REJECT THE SECOND DEL WEBB RESERVE STUDY SINCE IT DID NOT COVER THE DATE OF TRANSITION, AND VIOLATED THE NRS STATUTES?

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