May 6, 2010 by THE VOICE.

By Kay and Bob Frank:

On May 1, 2010 Kay submitted the attached letter to the Sun City Anthem Board of Directors and the SCA Election Committee.    kf_ltr2bod_election_1may10.pdf

Regrettably, Kay did not receive a response.  So, we were forced to submit an Emergency Intervention Affidavit to the Nevada Real Estate Division to request action to investigate the legality of the current board election. This request has been accepted and a determination is expected before the end of next week.

If one or more of our many serious allegations of gross negligence and other statute violations are sustained, the Sun City Anthem Board may be directed to terminate the current election process, and to do it over–from the beginning.  On the other hand, if the unfair/illegal board election process is not stopped before it is completed, the community faces a long and nasty process to deal with the results.

Please read the following letter and attached documents and check out the statute references and allegations yourself.  An online version of the homeowner laws are found at the following links.  If you use your browser search tools when you get to a site, you can quickly find the referenced statute sections, read them, and make your own conclusions about what is right and what is wrong.
Homeowner Laws:     http://www.leg.state.nv.us/nrs/nrs-116.html
Homeowner Regulations:  http://www.leg.state.nv.us/nac/NAC-116.html
Nonprofit Corporation Law:  http://www.leg.state.nv.us/nrs/NRS-082.html

If you actually do the above, you will be doing more work to learn the truth than most of your current directors and candidates for the board.  Few invest any real effort into understanding the law they are required to implement.

Ask your directors and board candidates what they really think about the allegations of statute violations in this election, ask them to show you the paragraph in the statute that proves their opinion, and they are most likely unable to do so.  They are most likely to say they are depending entirely on the verbal advice of the association attorney. Even the lawyer/former judge on the board does not really know the appropriate statutes.  That is obvious since she does not question anything the board does that violates the statutes.

Considering the possible consequences to this community and to directors and committee members who refuse to know the truth about such allegations, you have the right to challenge their actions to deny the obvious.

We are a nation of laws, and our board does not have the right to flagrantly violate them.  So, why do some people prefer to look away and ignore the growing storm?

References:
1. This was the new flyer that the Board/Election Committee illegally refused to distribute with the new ballot package:
kay_frank_flyer_16apr2010.pdf

2.  Letter to the Board/Election Committee requesting to replace Kay’s flyer for the 2nd ballot package:
16april10_kayfrankltr2board.pdf

3. Kay’s proposed 1-page “Candidate Information Sheet” for inclusion in the 2nd ballot package as specifically allowed by the NV Statutes:
kf-ltr2members_16apr10.pdf

Posted in 2010 Campaign, kay_frank, Truth Squad, SCA Board, Laws & Rules, News! | Print | No Comments »

May 5, 2010 by THE VOICE.

George Meese’s exciting announcement of Senator Reid’s introduction of a bill to close the do-nut hole mining authorization near Anthem is GREAT news, indeed! By pulling together in a coordinated plan to put maximum pressure on all sides of the political process, we have achieved a critical milestone with this bill’s introduction.

Bob and Kay Frank

Attached are Senator Reid’s announcement and another article to remind us that Senator Reid is the mining industry’s best friend in Congress.  So, we must once again “trust, but verify!”

harryreid_announcement.pdf

Harry Reid–Mining’s Best Friend

Posted in kay_frank, 2010 Campaign, SCA Board, News! | Print | No Comments »

April 29, 2010 by admin.

We have been asked frequently, what can residents of the Anthem, 7 Hills, Inspirada, Southern Hills, etc. really do to help our communities and ourselves to permanently prevent mining in the do-nut hole site?  So, here is another shot at trying to explain this complex situation.  This not a repeat of other posts.  We have added some more details and suggestions not previously posted.

Last year, I teamed with mining project team leaders George Meese and Martin Charney to help on the effort to kill the do-nut hole mining threat. Marcia Kosterka was not involved in this initiative as she did not have the career experience, personal contacts, or skills to be helpful on that initiative.  At this time, everyone needs to focus more on pulling together to achieving the objective, and much less on who gets what credit.

The desired result of that initiative was to have a member of Congress insert a relatively minor amendment to a law to reverse the exception that permitted mining in that 1-square mile/do-nut hole area.  Since I had been serving as a member of Senator Ensign’s Veterans Advisory Group for a number of years, I was asked to see if Ensign’s staff could agree to help solve the problem.  Unfortunately, it soon became clear the desired action through Ensign’s staff was not likely at that time, and I reported this back to the project team.  So, the team proceeded to investigate other channels.

Since that time, we have all learned much more about the complexity of this project.   Kay and I and others have become firmly convinced that only Senator Reid can lead the effort to make this do-nut hole go away.  This 640-acre exception to the Sloan Canyon preservation area only exists because of Reid’s actions of many years ago before Anthem and Inspirada master plans were finalized. And, as long as Senator Reid is serving as Senate Majority Leader in Congress, only he can initiate the required action.  So, what must be done to stimulate Senator Reid to act now?

An important factor learned early in the process was that this particular mining site would not be easy to eliminate because it contained unusually high quality raw materials considered important to the types of high-stressed concrete needed for future high-rise construction (such as casinos and condos) in the Las Vegas areas.  While the future needs for such high-rise buildings are uncertain, to avoid a protracted power struggle with the mining and developer communities, an influential member of Congress and BLM representatives would have to meet with the mining industry representatives to negotiate a trade-off for removing the do-nut hole mine. If such an important (highly profitable) site is to be lost forever to the involved industries, they have reasonable expectations of seeing one or more other important NV mining sites being released as compensation.

In short, it will take a coordinated, bipartisan effort by Reid, Ensign, Titus and Heller to make this finally happen. This winds up being a major business decision facing these members of Congress.  It is not a simple matter of granting mercy to our seniors and other residents, and we all need to appreciate the issues and high stakes involved. 

Meanwhile, Kay and I and others believe that Senator Reid can be convinced it is in his best interests to lead the effort to do as we all have been requesting for two years.  He has had plenty of time to act, and it is reasonable to insist that he get on with doing his job as the NV and Senate Leader in Congress.

Senator Reid should be motivated during this hot re-election time to actually do things to protect the air quality over Sloan Canyon and other Southern Nevada areas, and to deal with major health and water conservation matters.  So, the question is what will it take to convince him to move now, rather than make more promises and wait until after the election? And, what will it take to get Senator Ensign and other Congressional Delegation members Titus, Berkley and Heller to cooperate and provide full bipartisan support to Reid to make this mining lease option get terminated in 2010?  We do not want to have a partisan stalemate. So, it worries Kay and I to hear Senator Reid’s staff is thinking about a new bill rather than to amend the old one.  A new bill takes a lot more time and effort, and it would doom the completed action for at least a year or two.

In addition, we need to convince our current members of Congress to write to BLM and advise them to take this lease option off the table.  BLM needs to be told that it is the intent of all members of the NV Congressional Delegation to quickly amend the legislation and terminate the do-nut hole leasing option.  That correspondence should work to kill the current EIS work and other unnecessary BLM activities on this particular leasing option.

In the meantime, none of us should place blind trust in Senator Reid, or any other member of our Congressional Delegation. Our position should be that this mine option simply must be killed before the November election.  If Reid and others of our Congressional Delegation are not around next year, whoever replaces them may find it very difficult to move quickly enough to terminate BLM’s leasing authority. And, the current members of our Congressional Delegation are more highly motivated to act decisively during the next 6 months than they have ever been–or ever will be.

Based on our extensive government contracting experiences, Kay and I believe that if a lease is ever granted, it is unlikely to get revoked.  So, we feel justified to open up the dialog to better inform our members on more of the specific details (instead of relying on secret backroom deals) so we all can act in our own best interests.  We are confident this highly focused effort on the NV Congressional Delegation during the next few months will greatly help to achieve the desired results.  It cannot hurt the project group’s work for individual voters to act in their best interests.

This is a high-stakes political activity.  If you truly care about the outcome, you cannot rest easy until it is truly “fixed”.  Your vote in November will never be more important that it is right now!  Get involved now with all of our Congressional Delegation, and stay involved till the BLM leasing authority for the do-nut hole is terminated!

Bob & Kay Frank

Posted in kay_frank, 2010 Campaign, SCA Board, Laws & Rules, Operations | Print | No Comments »

April 27, 2010 by admin.

 (The following is in response to some hateful, personal attacks on the SCA-HOA message board.)

Spinning the topic into personal attacks will not make the facts go away. Action by SCA members is needed-now. Everyone is entitled to their opinions, and to express them without receiving hateful, personal attacks.

Kay and Bob Frank

Posted in kay_frank, 2010 Campaign, SCA Board, Operations, News! | Print | 1 Comment »

April 25, 2010 by bobfrank.

Here is a digital audio clip from the April Board of Directors Emergency Meeting where Board President Jack Troia suffered a monumental meltdown.   troia_misconduct.mp3

Mr. Troia blew up when asked to acknowledge that the Board really did not have a written legal opinion (as he had previously claimed) to allow secret, exclusive, early voting for Unity Party friends.

Such a major change in the election rules are required by NV Statutes and SCA governing rules to be equitably implemented with reasonable notification of all SCA members before they could be implemented. Mr. Troia was denying those facts, and he can be heard becoming highly abusive when required to admit such an aggrevious violation of law.

This is a classic example of how Unity group members refuse to admit mistakes and get furious if anyone dares to challenge them when they are caught lying. 

Unity people believe they have been elected to a special, superior class of membership where they do not have to answer to anyone for anything they do with our hard-earned money.  We must elect independent board members in the future or suffer the consequences of the dictatorship Unity has implemented.

Posted in 2010 Campaign, Truth Squad, SCA Board, News! | Print | No Comments »

April 24, 2010 by kayfrank.

Could someone please summarize the results of the discussions with Senator Reid’s Sara Moffat when she visited SCA last week? I was away and could not attend.

If Senator Reid is unwilling to take this direct action for our Anthem communities, we will know that he has unresolvable conflicts of interest with the mining industry that are more important to him than (1) human health and safety, (2) massive/unacceptable consumption of underground water for 30 years, (3) decades of unacceptable degradation to the air quality in the Henderson and Las Vegas areas, (4) dust and noise contamination in the Sloan Canyon Preserve, and (5) seriously degraded personal and business property values within a 10-mile area.

Posted in 2010 Campaign, kay_frank, SCA Board, Community Affairs, Safety, News! | Print | No Comments »

April 23, 2010 by kayfrank.

Unfortunately, the Election Committee and Board has not yet responded to my respectful request to replace my candidate flyer with a revised version for the second ballot mailing. This is a very worrisome sign of bias against independent candidates. Here is one of the items of correspondence that I have submitted today for action.

—————-

(signed)
Kay Frank
SCA Board Candidate for 2010
702-280-2780 or 702-505-9959
kayfrank@cox.net
kay_frank_flyer_16apr2010.pdf

Posted in kay_frank, 2010 Campaign, Truth Squad, SCA Board, Operations | Print | No Comments »

April 23, 2010 by Norman McCullough.

David A. Berman (DAB) falsely reported the following on his BLOG site–regarding yesterdays (April 22)  BOD meeting;

So much for transparency — Is this going to be yet ANOTHER cover up by the “Unity” gang?

Norm McCullough

Posted in 2010 Campaign, SCA Board, Community Affairs, Operations | Print | No Comments »

April 21, 2010 by admin.

(Posted with permission from the SCA-HOA web site.)

“Date: 4/21/2010

To: SCA Board of Directors

From: Steve Shubitz – Former member of WAG

RE: Proposal to SCA by Rewards Marketing & Sales, LLC - Jim Kaufman - Managing Partner

Thank you all for your service to SCA. This proposal should have been declined at the Committee Level. Please reject this proposal for the following reasons:

1.     Engaging in a relationship with a Mom and Pop start up in the middle of the RECESSION which Nevada is experiencing is far too risky. Subject LLC was only formed a few months ago. Subject business uses a home in SCA for its business address which may violate our CC and Rs. Subject business has no salaried employees and no third parties/investors appear as partners in the LLC records which are held by the state of Nevada.

2.     ANY resident of SCA may go DIRECTLY to http://www.ebates.com/ and sign up for free. Subsequent purchases result in cash back of around 4% (average) directly to the SCA resident. Compare that to the unaudited 1% revenue share on the table. The price of the goods can even be reduced further via the use of third party coupon sites.

3.     The Henderson/Las Vegas area already has numerous discount coupons available to any resident. Some appear in the print media and some are sold in a coupon book. This market is already saturated and unlikely to engage a Mom and Pop start up doing business from their home.

4.     The revenue projections in the proposal are false and may best be described as pie in the sky. The SCA Web Site is only used by around 4% of our residents. The majority of our residents are best described as computer challenged and do not engage in the same level of online purchasing as those individuals in their 30s or 40s.

5.     The allegation that this relationship does not cost SCA any money is false. The ebates part of the deal cost every resident at least 3% (average) of the purchase price. Who will audit the rev share? That takes time and effort. WAG is acutely aware of better ways to monetize sca-hoa.org which basically involves the SALE of advertising space to Realtors and other target markets. This produces revenue at the front end which is easily traceable. Forming a quasi ‘partnership’ which implies an ‘endorsement’ of RMS has the potential to ‘taint’ every single SCA Communication channel in the event of the ‘failure’ of a Mom and Pop start up which is in fact highly likely in our current financial climate.

Respectfully submitted,

Steve Shubitz

NOTE: I probably can’t make the meeting on 4/22. Don’t hesitate to use my researched thoughts as a foundation for your own comments if you concur.”

Posted in 2010 Campaign, Truth Squad, SCA Board, Community Affairs, News! | Print | 3 Comments »

April 18, 2010 by admin.

If you read Jack Troia’s Board President’s Report in the April Spirit Magazine, you will see that he admits:

1.  He failed to get a WRITTEN legal opinion before deciding to sole-source the RMI contract,

2.  He wasted the year’s time needed to compete the contract, and the board wasted two years time by not making quarterly changes in the agreement when obvious mistakes were scattered throughout.  It is outrageous that they waited until the END of the agreement period to insert most of the changes that they “negotiated” to get cost reductions! What unprofessional behavior by both the board and RMI.  (We need to demand to see the legal opinion.)

3.  Claims to finally have a written legal opinion (but has refused to release it) that he claims gives the board full cover for its anti-competitive behavior.  It probably does not even provide a risk assessment on the possibility of litigation for failing to compete the agreement.

4.   Claims there are “savings” negotiated, but does not provide anything to indicate why the amounts of contract reductions would not have been many times more if  competitive processes were followed.

Note that once again, Attorney/Director Ann Small is silent on the legal aspects of sole source contracting.  What value is her legal training and election to the board if she does not help our community avoid such major mistakes?

See below:

“The Board of Directors at the February 25 meeting voted
to renew the management contract of RMI. Many rumors
and speculations were put forth in our Community when
the Board was considering renewal of the RMI contract. I
would like to report on the sequence of events that resulted
in the renewal of our contract with RMI.

The Board received an informal opinion on September 25,
2009, from legal counsel that renewal of the RMI contract
was possible without obtaining 3 bids. In the fall of 2009
the Board decided to start negotiations with RMI to see if
a renewal of the contract was feasible. If the preliminary
negotiations were not successful, the Association would
pursue other vendors. All Board members were provided
a copy of the original RMI contract and asked to submit
potential issues and concerns. The first such list compiled
was dated November 27 and was provided to RMI for
comment and consideration. A first draft of the renewal
contract was prepared by RMI in response to the Board’s
list of potential issues and concerns. Subsequently, this
process was repeated four times and resulted in the final
draft of the renewal contract being received by the Board on
February 22, 2010. A formal written opinion from our legal
counsel was obtained on December 2, which confirmed
the previous opinion that the renewal of the existing RMI
contract was within the spirit and intent of the law.

The final renewal contract provides for reduced
management fees of over 10% and a reduction in overhead
labor burden charges. These items will save the Association
approximately fifty (50) thousand dollars a year. The
Contract is for three (3) years effective January 1, 2010, can
be extended on a month to month basis after December 31,
2012 and can be terminated by either party with ninety (90)
days notice. Additionally, the contract has been enhanced
in many areas including indemnification and termination,
personnel matters and specific requirements for operating
policies and procedures.

By Jack Troia, SCA Board President”

Posted in 2010 Campaign, SCA Board, Laws & Rules, Operations | Print | No Comments »

April 16, 2010 by admin.

In case you have missed it, the hottest blog this year for board campaign topics is AnthemToday–operated by Rana Goodman and Dick Arendt.  It is really doing a great job of daily reporting on the news stories, board issues, and the candidate opinions.  Here are just a few interesting links:

http://www.anthemtoday.com/forum/viewtopic.php?f=21&t=1604&start=0

http://www.anthemtoday.com/forum/viewtopic.php?f=6&t=1603&start=0

http://www.anthemtoday.com/forum/viewtopic.php?f=8&t=1606&start=0

http://www.anthemtoday.com/forum/viewtopic.php?f=2&t=1605

http://www.anthemtoday.com/forum/viewtopic.php?f=23&t=1426

Posted in 2010 Campaign, SCA Board, Community Affairs, Lifestyle | Print | No Comments »

April 14, 2010 by admin.

We just received a phone call from RMI announcing an emergency Board Meeting today @ 5 PM, Wednesday, April 14, 2010, in the Anthem Center Greene Room.

No specific agenda was announced, but we believe it has to do with major problems concerning the integrity of the current voting under the SCA Board Election processes.

The ballot information sent to members in the past few days contained very serious errors.  It is clear that voting can not proceed without creating valid allegations of election fraud.

Today’s emergency board meeting will probably begin the process of dealing with the known ballot and candidate flyer corruption,  and other election errors.  It can not be fairly resolved through a dictated solution.

Since the election problems were caused by Board, RMI and Election Committee mistakes, the candidates and SCA members have the right to participate in the development of solutions and given the opportunity to agree on the appropriate set of remedies.

All SCA members are urged to attend!  This meeting promises to be historic.  Be there!

Posted in 2010 Campaign, Truth Squad, SCA Board, Operations | Print | No Comments »

April 9, 2010 by bobfrank.

Now that Tiro’s Bistro appears to be on the way out of SCA’s restaurant space, what is next?

I have been challenged to outline how I would approach the task of filling the restaurant space.  The following is what I have previously reported on other blogs, and it is posted here for AV blog readers.

Suggested SCA Restaurant Strategy Approach for 2010-2011:

1. Catering services to be offered in all SCA Centers to support SCA club events, board-sponsored special entertainment functions, and member-hosted private occasions like weddings, memorial services, etc. Non-member/public-sponsored services would not be allowed.

Catered events would be on a planned, reservation basis with menus set for the occasion by the sponsor. Catering would be allowed anywhere on or in SCA premises–including all three SCA Centers, outside pool and lawn areas, and in the SCA village areas (for block parties, etc). An approved list of catering vendors would be provided by SCA.

2. Full bar in Trumpets with coffee and tea services and bar-style food items (nachos, packaged snacks, desserts, etc.) available from about 10 AM to evening closing time. Additional beverage and snack services via mobile carts could be considered for Independence and Liberty Centers. SCA would obtain the beverage/alcohol license for serving members and their guests only, and contract for a bar service provider. Revenue from beverage sales could be used to offset overall facility operating costs. Gaming would not be installed in Anthem Center unless approved by the majority of SCA’s membership.

3. Buffets or table service could be offered to all members using a rotation of catering companies on Friday evenings, week-ends, holidays and/or special events. Profit/loss risks would be the responsibility of the catering companies, but SCA Spirit advertising for scheduled events open to all members could prove cost-effective for SCA. Caterers would pay fees for use of SCA property used in all 3 Centers.

4. Meals-on-wheels for home delivery and/or resident party catering by one or two vendors could be offered in the entire SCA area during announced days and hours. Revenue-sharing or sliding fees would help cover the costs of shared utilities and kitchen facilities. SCA would be indemnified from all risks offered by these mobile services.

5. Breakfast and lunch services would only be offered via the catering services.

6. As part of a member lifestyle program to encourage use of SCA food services and stimulate broader socialization among our thousands of homeowners, the Board could sponsor quarterly ‘member appreciation nights’ in the Centers (in conjunction with Town Hall meetings) where bar services and catered buffets would offer low-cost food and beverages. Beverages and food would be allowed to be served and consumed throughout the participating SCA facilities. Musical entertainment could be provided in Anthem Center and the sound piped into all participating facility areas.

After this sort of approach was tried for up to a year or so, one or more regular lease operators might become interested in offering regular restaurant table services in Trumpets, and they might possibly be interested in operating a sports bar arrangement in one or more of the multi-purpose rooms in Liberty Center. If approved by the members, a small, Liberty Center sports bar and gaming service might be installed/sub-contracted so that one or more of the multi-purpose rooms could be used for special events and parties. The outside entrances in that area of the Liberty Center could allow such an offering with extended hours.

The above flexible approach should be possible on a break-even basis, and it could give multiple vendors the chance to try out their services while building SCA customer loyalty. Once SCA members learn they can expect certain kinds of quality food and services from participating companies, members may develop eating habits that lay the foundation for longer-term/expanded food services. Or, it might turn out that the above approach is best for SCA for the long-run.

Meanwhile, our history has shown it would probably be a mistake to try and locate yet another regular restaurant lessee without finding out what SCA residents will actually patronize in our facilities.

Posted in 2010 Campaign, SCA Board, Clubs & SIGs, Operations | Print | No Comments »

April 6, 2010 by admin.

Is it time to shift strategies on how to oppose the open mining issue?

We believe the DOI/BLM authorities in Washington are deceiving and distracting us from the basic issues.

And we believe that the DOI/BLM folks in Washington have secretley decided to approve the leases-regardless of how many opposing signatures are submitted to them.

If true, then we need to shift our strategy and put all our attention on letters, email and voice calls to Senator Reid and Congresswoman Titus to submit a legislative amendment to remove BLM’s authority to grant mining leases at the site in question near Anthem and Inspirada.  As a reminder of the situation:

·         100% of NV Congressional Members Publicly Oppose the Mining Leases, But the Project Lives On.

Because thousands of personal objections were received in the past 2 years, ALL of Southern Nevada’s elected members of The Congress have written and spoken out in STRONG OPPOSITION to BLM plans to award 30-year mining leases for operating an open pit mine for building materials near I-15, Sloan Canyon, Anthem, and Inspirada.  This unique, 1-square-mile area of BLM land is on the proposed extension of Democracy Road–West of the Madeira Canyon development and near Las Vegas Boulevard.  It a really bad initiative that must be killed.  BLM should not waste any more money “studying” the idea, but BLM can not unilaterally kill the project.

But, even after 2 years of aggressive opposition by many thousands of Southern NV homeowners with all NV members of Congress, the BLM project continues to waste funds studying the impacts as the leases head towards a Washington DC decision.  The lack of a clear decision to terminate the lease suggests problems are ahead.

·         The Henderson City Council Has Serious Conflicts of Interest.

Strangely enough, the City of Henderson supports BLM’s plan for the mining leases.  A few years ago, the City secretly signed a long-term support agreement with certain mining and development companies.  The full facts behind this situation could become embarrassing for some past and present members of the Henderson City Council and Planning Commission.  While Henderson is unlikely to reverse its position, we can ask them to explain why it can not be absolutely neutral.

Common sense should have told those involved at all levels (especially in the City of Henderson) it was a really bad idea to agree to an open pit mine that was planned for:

(1) SOUTHWEST of the massive Anthem development projects with tens of thousands of upscale and/or senior residents,

(2) Immediately SOUTH of another massive housing development that was subsequently named Inspirada, and

(3) Surrounded by the long-range gaming/business development corridor extending for many miles along both sides of South Las Vegas Blvd. and South I-15.

·         BLM’s National Director is Bob Abbey (From Reno, NV)    See this link:
http://www.blm.gov/wo/st/en/info/newsroom/2009/august/NR_0807_2006.html

Director Abbey had to be well known and personally sponsored in 2009 by Senator Reid and Congresswoman Titus to be appointed to BLM by President Obama. From 1999 through 2005, Abbey was chairman of the Executive Committee for the implementation of the Southern Nevada Public Lands Management Act.  Prior to being selected for BLM Director, Bob Abbey served as a partner in a private consultant firm called Abbey, Stubbs, & Ford, LLC. with offices in Las Vegas and Reno Nevada.

Most importantly, Mr. Abbey had previously served for 8 years as Nevada State Director for the U. S. Bureau of Land Management.  He provided direction and oversight for 48 million acres of public land managed by BLM in Nevada.  It was during those Nevada years that a few legislative sentences were mysteriously inserted in the land management act to allow the unusual exception for the leases in question.  We should not expect Director Abbey to favor anything except to move ahead with approving the mining leases.

·         BLM Does Not Give Priority to Our NV Citizenry.

The Federal Government (BLM and other agencies) collect hundreds of millions of dollars from federal mining leases throughout Nevada, and other Western States, but NV does not receive those revenues.

BLM Director Abbey controls over 80% of the land in Nevada–vastly more than Nevada’s Governor.  But, Abbey is not accountable for his “land management” actions to our Nevada citizens.

And, while BLM employees in NV are required to follow certain procedures and make recommendations, they do not make the final decisions.  The final decisions are made by Washington DC politicians and lobbyists.  In the past, Washington has not demonstrated much interest in the needs and concerns of Nevada citizens.

·         It Therefore Appears Reasonable to Conclude That:

1. National BLM Director Bob Abbey has been personally aware of and quite involved in the NV BLM processes leading to the creation of the so-called “do-nut hole” exemption legislation,  and subsequent BLM mining leasing actions.  And, Abby and his BLM Washington DC committee structure are likely to be motivated to approve the granting of the mining leases—no matter how many letters of objection have been received by BLM.

2. Business and federal government interests have trumped citizen/homeowner interests on this matter from the start. No matter how many opposing letters are produced under the EIS, we should expect the Washington political power system to approve the mining leases, and provide empty words to deceive us in the meantime.

BLM can be expected to disregard the facts that the proposed mine is:
(a) in the middle of massive home development projects,
(b) immediately adjoining the Sloan Canyon National Preserve,
(c) planning to consume hundreds of millions of gallons of the critically-short ground water in the Las Vegas aquifer, and
(d) surrounded by the I-15 commercial development corridor along South Las Vegas Blvd.

3.  The legislative plans and BLM actions used to create this open pit mining fiasco and enable it to continue appears to be a deceptive, political process.  Citizens have been led to believe their voices can make a difference in the outcome, but that is extremely unlikely.  There appears to be serious conflicts of interests by BLM Director Bob Abbey, his former business partners, some Henderson officials, and the leading NV members of The Congress-especially those of Senator Reid and Congresswoman Titus. We can not trust the current BLM process to respect our urgent, medical and lifestyle needs.

Bottom Line:

1.      We appear to being treated by the national political system like old, ignorant fools.  The leasing project should have been terminated over a year ago.  It was not, so we have to believe the FIX is in, and the leases will be approved by Hqs. BLM–unless we follow a modified approach in the future that concentrates on modifying the law that allows BLM to lease the unacceptable mining area.

2.      BLM Director Abbey, Senator Reid, Congresswoman Titus, and other NV Congressional and their business associates have not initiated the critical actions needed to terminate the mining lease projects.  All they would have to do is use the political authority they have in this Administration to  insert just a few words into just about any House or Senate Bill, and the mining lease matter could be over.

3.      The decision to approve the leases is likely to be made without regard to how many citizens oppose the mining operations.  To avoid unnecessary expenses and efforts, we need to initiate much more aggressive actions and demand that the project be killed via legislative amendment–immediately.  Our focus should be on getting Reid and Titus to sponsor the amendment needed to remover BLM authority to lease the mining operations in the area of our concern.

When we think of the authority used by Senator Reid on his earmarks, and on the so-called “Cornhusker Kickback” and the “Louisiana Purchase” agreement, Senator Reid could have terminated this mining lease matter at any time during the past two years.  We need to focus on getting Senator Reid to do what only he can do–remove BLM’s authority to lease the mining area of concern.

Our Southern Nevada citizens need to insist that the thousands of signatures already gathered opposing the open pit mine are sufficient to justify that legislative action be taken immediately to terminate the mine leasing program in question. We urgently need to submit hundreds/thousands of more letters and emails and phone call to Sen Reid and Congresswoman Titus and insist they  submit modifications to the legislation that removes BLM’s authority to lease the properties.  Can you agree to help in this regard?

Robert and Kay Frank
Henderson, NV 89044
April 7, 2010

Posted in Truth Squad, 2010 Campaign, kay_frank, SCA Board, Community Affairs, Operations, Laws & Rules, Lifestyle | Print | No Comments »

March 30, 2010 by kayfrank.

Bob and I selected Sun City Anthem 5 years ago as our home because it perfectly fit our dreams for a wonderful retirement life. We sought warm weather without high humidity, a readily accessible airport, and un-crowded neighborhoods.

Del Webb’s one-story homes; with its generous room dimensions, affordable entertainment options in the local and state areas, and the style of luxurious community amenities designed for seniors was a perfect fit. Anthem offered so much more than the quality homes, golf courses, and club houses of so many other retirement communities.

Sun City Anthem also offered the unique benefits of being high up on Black Mountain where the views of the Strip are spectacular, the air is vastly superior to Las Vegas, the temperature is usually a few degrees cooler than the valley, and the din of “Sin City” is far enough away to be ignored. I say we live in a “cruise ship on the desert.”

This is a truly unique and wonderful place to spend the rest of our lives. Yes, the resort-style engineering, design, infrastructure and location are remarkable components of our special lifestyle in Sun City Anthem; but there is far more than that to make us so proud to live here.

We are part of a huge community that is exceptionally well-designed to be operated at low cost over its lifetime. With 7,144 homeowners paying assessments, the member assessments and other costs of living in Sun City Anthem should always be significantly lower than the typical upscale, age-restricted development in Nevada. What a bonus!

In addition, our three recreation centers are better designed than many of those found in other senior communities. We know that is true because we looked at so many others facilities before selecting SCA as our home.

Our Anthem setup allows for an amazing number of clubs and special interest groups (SIGs) to be operating simultaneously. We can participate in our hobbies, attend fitness center facilities specializing in senior programs, or just socialize throughout our vast community center facilities.

If you don’t find your hobbies served by the current clubs or SIGs, you can easily start your own. The community is large enough that groups and speakers are interested in coming to club and association programs. Even more importantly, our SCA members are typically selfless in their attitudes towards others.

Our many SCA clubs and groups are proven community leaders as they reach out to Henderson and Las Vegas by volunteering and donating time, talent and fund raising expertise.  Although the vast majority of SCA members moved here from other states or other nations, we have not forgotten we are of the American generation that volunteered for scout troops, food banks, schools, churches and charities– and we continue to volunteer. Our community has proved it is particularly unselfish and compassionate with regards to others.

So, while this community is the best senior community I have ever seen, it is not perfect. There are some important things needing to be done to put it on the path being considered a “paradise”.

That is why I am a candidate for the SCA board, and why I have offered my time and skills to working with others who share my enthusiasm for continuous improvements for the future.

Please elect me to the board and join our efforts.

Posted in kay_frank, 2010 Campaign | Print | No Comments »

March 21, 2010 by kayfrank.

I have received email and been asked to be more specific in my revised recommendations on the restaurant lease matter.

Here is today’s expanded update:
———-
My position is that the Board signed a lease with Tirzo’s shell company just a few months ago. He has been in default since the beginning quarter by failing to fully pay all obligations–on time.

This shows he may have falsely claimed to have the resources to operate for at least half a year without having to make a profit. There is no reason to allow him additional time to pay anything, nor should he be allowed to get behind at any time in the future–in the unlikely event he is allowed to continue.

Tirzo’s key problems are that he has:

(1) Shown he does not have access to the resources to operate the restaurant and catering operations without having to make a profit each month,

(2) Failed to deliver the quality of menus, food, and services required to attract the board’s business and the vast majority of SCA residents and clubs,

(3) Proven he knows virtually nothing about how to successfully market his products and services,

(4) Demonstrated he does not know how to hire experienced employees and/or train inexperienced individuals, and

(5) Demonstrated he does not know how to establish viable business plans, manage his cash flows, or attract investment capital.

I sincerely want a restaurant in Trumpets that consistently provides both quality table services and high quality catering services. But, it seems clear that the board knows Tirzo is not capable of doing the job. Fact: when given a choice of caterers to use for the opening event at Liberty Center, the board did not trust Tirzo.

The association should use professional business practices to obtain a successful operator of Trumpets for the benefit of the residents and clubs.

Kay Frank
Independent Candidate for SCA Director
kayfrank@cox.net

Posted in 2010 Campaign, kay_frank, SCA Board, Community Affairs, Laws & Rules, Operations | Print | 1 Comment »

March 18, 2010 by admin.

Independent Board Candidate and former SCA Board Member, Lyndall Ruiz, has asked a critical question concerning the integrity of our board election.

She has pointed out that Board Members have exempted themselves from the campaign code of conduct that they have imposed on Election Committee Members. This is in addition to exempting themselves about 18 months ago from being subject to “code of conduct” complaints from members.

Why do SCA members go along with such examples of abuse of authority by Directors?  Is this not yet another major example of the “entitlement and special favors” attitude by the unity party members?  They really do think they are better than everyone else and consider themselves empowered to do what ever they wish.

No matter how much “good” they claim to be doing for us, we need to throw the bums out on their disgraced cans!  Any honest community member could do a better job that these clowns.

Lyndall’s  blog posting on Anthem Today can be found at this link:

http://www.anthemtoday.com/forum/viewtopic.php?f=2&t=1531&sid=41092c3d400dd4f93058b338ec2f28ca

If you have problems with that link, her words are quoted below.  You comments should be placed on Anthem Today.

“Do you think that current or past board members should endorse candidates running for the Board?

THE ELECTION PROCESS MANUAL, given to all candidates at the initial mandatory meeting of the Election Committee on January 26, 2010 states:

” Members of the Election Committee MAY NOT engage in the following activities:

Campaign for or actively advocate, the election of any Candidate(s). ” . . . . . . . .

Please note that there is no stated prohibition regarding the activities of current or past board members.

Further, note that pursuant to THE ELECTION PROCESS MANUAL all candidate materials must be cleared by the Election Committee and the Editorial Content Committee for Election Committee supported mailings and for display or speeches at SCACAI facilities.

Consider the following:

Candidates were invited to speak at a breakfast meeting of a SCA Men’s group that met on Tuesday, March 16, 2010 at the Village Pub.

There were flyers distributed and on display at that event that contained endorsements by current and past board members for three specifically named candidates being promoted by a named group.

I pose the following questions to our community:

1. Should board members be held to the same standard of conduct as members of the Election Committee, or even a higher standard of impartiality during elections?

2. Do these endorsements violate the “spirit” and “intent” of the rules of the Election Committee Code of Conduct?

3. What do you perceive to be the motivation of individuals or groups of individuals in giving endorsements to candidates?

Lyndall Ruiz
Independent Candidate for the Board of Directors”

Posted in 2010 Campaign, Ann_Small, Truth Squad, SCA Board, Laws & Rules, News! | Print | No Comments »

March 17, 2010 by admin.

SCA members occasionally ask for a current list of unresolved Board issues.  And, now that the 2010 board campaign is in full swing, members are wondering:

“Why would anyone vote for a unity party board candidate when that group has stood for cover-ups of the past board misconduct and financial losses of millions of dollars?”

So, here is today’s (partial) list of “unresolved issues”:

1. Board failure to collect Co-Gen Funds of $1.4 Million plus interest owed to SCA by DW/Pulte since May 2005.  Follow the below link for viewing some history of this unresolved issue.
   http://www.anthemvoice.org/c-gen_issue.html
   
2. Apparent Board failure to properly file Federal Income Taxes for 2004-2008 and establishing the apparent risk of over $1 million back taxes plus penalties and interest if audited by the IRS.  This link has more details:
   http://www.anthemvoice.org/taxes_issue.html
3. Unjustified Board over-charging of assessments from 2005 to 2008 resulting in accumulating over $3.7 million of truly “surplus” funds by 2008.  The Board approved a resolution to return these surpluses to members instead of being required to pay income taxes on those “profits“, but the Board failed to credit the full surplus amount as required.  Follow these links for some history:
   http://www.anthemvoice.org/taxes_issue.html
   http://www.scaview.org/RevRul70-604.html
   
4. Board failure to conduct forensic audits during and after the 2005 Transition from Del Webb/Pulte controls when financial records showed a requirement for such special audits. Follow this link for more information:
   http://www.anthemvoice.org/audit_issue.html
   
5. Board failure to properly protect and make available ALL of our association financial records–as evidenced by the weather damage and rat feces found in outside storage of SCA records/documents in 2007-2008.
   
6. Board failure to ensure the $9 million-dollar Rec. Ctr. 3 “Liberty Center” was completed, fully equipped and opened for use by early 2008–as promised to home buyers in Black Mountain, Shadow Canyon and Desert Sky villages.
   
7. Board failure to pursue multi-million-dollar (expected to exceed $13 million) community property construction defects issues with Del Webb/Pulte until the 10-year statute of limitations was expiring.
   
8. Board failure to collect about $1 million unpaid rent, utility expenses, revenue shares and excessive property damage from the Trumpets Restaurant Lessee from 2005 to 2008.
   http://www.anthemvoice.org/trumpets.html
   
9. Board failure to collect about $800,000 of reserve funds plus interest owed by the developer since the 2005 transition point.
   
10. Board failure to negotiate a proper settlement with the developer on the Villas Neighborhood Reserve Fund shortages, and failure to investigate the possibility of board member fraud in that matter.  See this link for more information:
    http://www.scaview.org/TheConPart4.html
    
11.  Board willfully creating a major lawsuit liability by failing to comply with statutes indemnifying a director against all litigation and respondent legal expenses. (See NRS 116.31036.3 and this link for some details:
    http://www.anthemvoice.org/resources/6a_22jun08_legal-fees_reimbursement.pdf
    
12. Board failure to use competitive procurement practices for all major acquisitions when “practicable” as mandated by Nevada law.
    http://www.anthemtoday.com/forum/viewtopic.php?f=2&t=1473
    
13. Board failure to properly administer the Trumpets/Tirzo lease and allowing the lessee to accumulate tens of thousands of dollars of receivables before being notified of being in default of the contract.  See these links for a few details:
    http://www.scaview.org/my_first_website/welcome/2010/03/tirzos-bistro.html
    http://www.anthemtoday.com/forum/viewtopic.php?f=2&t=1522&start=0
    http://www.anthemtoday.com/forum/viewtopic.php?f=2&t=1495

While there are many, many more examples of board misconduct and possible corruption that could be added to this list, the reader should be able to easily validate all of the above and see why there is an urgent need to clean house of the self-serving  “unity” party directors, collaborators and apologists. 

How could all of this be ignored by so many, for so long? 

Members who fully research the facts have not been able to deny the conclusions.

Posted in 2010 Campaign, Ann_Small, Truth Squad, SCA Board, Community Affairs, Operations | Print | No Comments »

March 10, 2010 by admin.

Rana Goodman reports on her blog “AnthemToday.com” under the headline of

WOULD YOU FIX SOMETHING ON COMMON AREA?

that Director Ann Small has once again demonstrated her lack of knowledge of SCA’s CC&Rs, her unconcern for the plight of villas owners, her consistent refusal to accept the individual responsibilities of a SCA Director, and her basic lack of common sense.  Go to the following link for the details, or review the following copy.   Ann Small Shows Ignorance?

http://www.anthemtoday.com/forum/viewtopic.php?f=2&t=1515&sid=50fc086ba6c84217c9385d1a38d8b8bb

How could Attorney Ann Small not know that the villas have a CONTRACT with the Board to maintain all of the property outside of the homes?  And, why would a competent SCA director not move immediately to demand that RMI do its job and correct the reported failure?

Finally, she “assumes somebody will answer” the email, but she accepts NO personal responsibility to ensure that the accident risk is immediately resolved?  What a totally unprofessional response!

This is yet another example of why our community can not trust the judgment of the “unity party” cabal to sponsor truly qualified and trustworthy board candidates!

It is no wonder that SCA members can be heard saying “anybody but a unity party candidate!”

Posted in 2010 Campaign, Ann_Small, Truth Squad, SCA Board, Laws & Rules, Community Affairs, Operations | Print | No Comments »

March 9, 2010 by admin.

The pending decision on what to do about the failed status of Tirzo’s Bistro reminds us of the approach that Director Bob Frank submitted in writing (and was summarily rejected) by the Board majority in August 2008.  Trumpets Lease Proposal

Hindsight shows it deserved a much better reception.  There are many elements of that proposal that could be considered if the current lessee is placed in breach of contract.

Posted in 2010 Campaign, Ann_Small, Truth Squad, SCA Board, Community Affairs, Operations | Print | No Comments »

February 22, 2010 by admin.

Las Vegas attorney, Robert Sullivan, wrote the below (unsolicited) response to Ron Johnson’s investigative report posted at this link:

http://www.scaview.org/FalseReport.html

“Dear Mr. Johnson,

Just wanted to salute you:  Your “A False Report” is extremely well written – great analysis.   I think you could even have taken it one step further…

The charge against Bob Frank and Tim Stebbins was not simply that the police report they filed was false, in some existential sense.  The DA must be prepared to prove the mens rea element.  (mens rea means the intent or the guilty mind of the actor(s)). The DA has to show (beyond a reasonable doubt) that the purported falsity of the Frank-Stebbins report was deliberate.

As you made the point very well – we still don’t even know if their report was FALSE!
…and there is good reason to think their report is, in fact, TRUE.

But let’s assume – for the sake of argument – that Messrs Frank and Stebbins’ report was false (i.e., that it contained factually erroneous information).  Where is the Henderson police department’s evidence that it was false on purpose; that it was willfully false; that it was knowingly false; that it was malicious.

Where is the mens rea?

Because, legally speaking, if Mr. Stebbins and Mr. Frank filed the report in good faith, regardless of whether it turned out to be incorrect / false, they absolutely cannot be charged with filing a false report.  You cited the operative language in your “A False Report”:

NRS 207.280 False reporting of crimes unlawful. Every person who
deliberately reports to any police officer, sheriff, district attorney,
deputy sheriff, deputy district attorney or member of the
Department of Public Safety that a felony or misdemeanor has been
committed, which causes a law enforcement agency to conduct a
criminal or internal investigation, knowing such report to be false, is
guilty of a misdemeanor.

So, bottom line:  it’s not sufficient that the report is false – it must be intentionally false.

Have you EVER seen anyone arrested for filing a false police report?  I have NEVER seen it.  I am a former federal prosecutor (USAF JAG and Special Assistant US Attorney), and I have NEVER seen anyone arrested for filing a false report, even though there are many thousands of false charges filed every year in Henderson, Las Vegas, etc.

The charge of filing a false police report is a charge reserved for very few and very rare circumstances – like the high-profile Duke Lacrosse case, where the stripper falsely accused the players of raping her.

I had a case about 18 months ago where a woman cut herself and punched her own face and then dialed 9-1-1 and told the emergency operator that my client had assaulted (battered) her.  She then filed a police report and attempted to press charges.  My client was arrested, taken to jail for booking, and was charged with felony battery.  Fortunately, I tracked down several totally unbiased third-party witnesses who all corroborated my client’s version of the story 100%.  The accuser eventually admitted that she made the whole thing up.  That’s pretty serious stuff – my client was left with a *felony arrest record* that will never go away, even though she was totally exonerated and the other woman had falsified the whole thing, wasted police resources, etc.  So I asked DA David Roger’s office and Metro to charge the accuser under NRS §207.280.  They refused.  They did not dispute that it was an airtight case, but they said they just didn’t have the police or prosecutorial resources to go after the false-accuser.

My point is that what happened to Mr. Frank and Mr. Stebbins NEVER HAPPENS, even when there really is a false report.  So why did it happen to Frank & Stebbins?  (Particularly when, as you point out, it appears that their report was either TRUE or at the very least was reported in good faith).

The answer can only be that someone with political connections made it happen.  It smells really wrong.  And, frankly, I hope the city of Henderson is stupid enough to now press charges against Stebbins & Frank, because even a third-rate lawyer could rake them over the coals for this idiocy.  More than that, I’d like to see Frank and Stebbins file a §1983 action against the city in federal court and use the attending civil discovery process to smoke out who is really behind their arrest.

As a former prosecutor, I am very confident that this was not something that just happened in the ordinary course of a police investigation.  Someone well-connected obviously has it in for Frank/Stebbins and is sending a message to them to “back off.”

“All that is necessary for the triumph of evil is that good men do nothing.” (Edmund Burke)

Again, congratulations on a well-researched and interesting column.

Best regards,“

 (Robert Sullivan)

Posted in 2010 Campaign, Truth Squad, SCA Board, Laws & Rules | Print | No Comments »

February 16, 2010 by admin.

It is the annual SCA campaign season where some formerly disgraced attorneys like to play nasty political games of personal destruction against a variety of Anthem VOICE associates and some board candidates.  So, we are obligated to remind our good SCA members of the the nature of the law violators living amongst us and mention that they have no moral or ethical authority to be criticizing any of the candidates.

We suggest that no one should grant any credibility to the hateful words or opinions of such people.  For example:

1. David A Berman, spouse of director Roz Berman, is a “suspended” Boston attorney for self-admitting that he had forged a judge’s signature on tax documents.  He has been suspended for over two decades, but he pretended to be a “retired attorney” for many years until he was outed a couple of years ago.  See the following files:
berman_suspension_report.pdf
berman_full_report-5pgs-3.pdf

After reading the second file, one has to wonder how he was able to be employed for a decade by the Internal Revenue Service if this judgement was disclosed–as the IRS has normally required?

2. Al Tenner is a 3-time “disbarred” attorney from California.  The details on his disgraceful records are found in the following files:
tenner_1.pdf
tenner_2.pdf
tenner_3.pdf

Posted in 2010 Campaign, Truth Squad, SCA Board, Community Affairs, Operations | Print | No Comments »

February 11, 2010 by bobfrank.

In case readers have missed it, or have already forgotten it, Director, Attorney Ann Small has refused to publicly comment on why she has been voting in favor of sole source extending the RMI contract instead of putting the requirements up for public bidding as required by statute, and just common sense.

If you missed it, here are links to more details of the matter:
http://blog.anthemvoice.org/2010/01/15/directorjudge-ann-small-appears-to-violate-statutes/
http://blog.anthemvoice.org/__oneclick_uploads/2010/01/small_ignores_laws.pdf

So, why not let this one drop as Director Small wishes?  If we can not depend on a prior judge and active NV attorney (sponsored by the so-called “unity party”) to advise our members on why the board’s policies are legally proper or improper, who CAN we trust?

How hard would it be for her to publicly state WHY she is going along with what appears to be a really bad board policy?

If it is the right thing to do, why does she continue to remain silent? Perhaps sole sourcing on this agreement is truly indefensible?

Posted in 2010 Campaign, Ann_Small, Truth Squad, SCA Board, Laws & Rules, Community Affairs, Operations | Print | No Comments »

February 11, 2010 by bobfrank.

This is in response to what David Berman has initially reported on his blog article this morning about Tim Stebbins and I being arrested by the Henderson Police Department yesterday.

The SCA board and its attorney apparently have deceived Henderson Police Department Sgt Jeffery Farley and Chief Chambers into not only failing to find the truth in our well-documented request for an investigation, there appears to us there may have been political influence used to cause a complaint of suspected false police report against us honorable citizens. HPD is likely to learn all of the truth in the future and find it impossible to support its allegations against Tim and I. If HPD discovers it has been lied to and used by certain individuals, there might be severe, reverse consequences.

Tim and I were required by statute to report our concerns about apparent board criminal law violations, and HPD was required to investigate. We had been previously advised by other law enforcement officials that we were doing our civic duty to ask HPD to look into what appeared to us to be an important law violation. If HPD could not confirm our reported concerns, all it was obligated to do was dismiss the report as having insufficient evidence. But, by charging Tim and I of willfully filing a false police report, there appears to have been some retaliation instigated by certain board members with high-level influence in Henderson politics.

For example, after the HPD failed to substantiate our reported concerns, they had us arrested and processed through the jail for what is supposedly a “minor misdemeanor” allegation. But, instead of a traffic-ticket-like process, the HPD forced us to go through their “perp-walk” used for hardened criminals involved with murder, rape, drug-dealing and other very serious of crimes.

We were stripped down, forced to post a cash bond, fingerprinted, tightly handcuffed our hands behind our backs to benches in the jail, and forced to wait in such humiliating and degrading circumstances with hardened criminals for many hours.  Meanwhile, HPD processed many serious criminal violations ahead of us–while we were forced to watch and wait. We suspect our basic citizen rights were violated with this obvious over-reaction to our simple request for an investigation.

Unfortunately for those who have strongly opposed public exposure of internal SCA disputes, your SCA board has initiated the worst possible course of action. Now, instead of internally resolving the matter of promptly returning the many millions of accumulated surplus assessments back to the community (as required by laws/rules), Tim and I are being forced to publicly defend our actions of daring to question the board’s apparent law violations.

And, once again, the board’s law firm stands to reap windfall profits while defending the board against the consequences of following the law firm’s poor advice.

You can be certain we will defend our honor and ethics to the best of our abilities, and for as long as it takes.

Posted in Truth Squad, 2010 Campaign, SCA Board, Community Affairs, Operations, News! | Print | No Comments »

February 6, 2010 by kayfrank.

The following PDF file contains my 2010 Board Campaign Flyer.

kay_frank_flyer_5feb10.pdf

Please send questions or comments to kayfrank@cox.net

Posted in kay_frank, 2010 Campaign, SCA Board | Print | No Comments »