Archive for the 2011 Campaign Category
Why SCA Board Is In “HOA Hall of Shame”
May 19, 2011 by Norman McCullough.
Why Sun City Anthem was awarded Entry into “The Hall of Shame”
By Resident - Norman McCullough
Two days ago was my 78th birthday. All along my life’s journey, I have learned a great many “life lessons”. Some good – some bad – and some that disturb the soul because they involve man’s inhumanity to man (”Man” is used in the generic to include all humans).
The Board of Directors of Sun City Anthem from the first resident controlled by President David Weil (Treasure Favil West), until the last controlled by President Jack Troia has led us into this “Hall of Shame” by their arrogance and their refusal to recognize that all men and woman are created equally. Almost all who served on those Boards share the blame equally for the “The Hall of Shame” plaque that is forever nailed above the doors to the our facilities.
From 2005 to 2007 the SCA Villa residents were treated to a remarkable display of incompetence (OR WORSE), when the Association failed to fully collect an estimated $300,000 for the Neighborhoods. In fact it was so bad that Board President Favil West and Treasure Kay Dwyer were forced into a secret agreement with the developer that was based on fictitious (or a least unsubstantiated) numbers to prevent another massive increase in the Villas dues after a $500 increase that had already reduced the developers responsibilities. At the same time, every member of the Association was stabbed in the back when an estimated $800,000 in reserves (Source 2006 Reserve Study), was never collected from the developer (SCA version of the shell game – now you see it – now you don’t).
Later (2007 to 2009), Board President Mike Dixon and his Treasure Roz Berman, had to rely on magic to make it appear that the secret Villa agreement had adequately funded the Villas reserves. Even the Great Houdini would never had attempted to shrink the actual size of a Villa to make it appear that their reserves were funded adequately!
Still later and more recently, it appears that Some Board Members may be involved in a cover-up of sorts that benefited the developer regarding on-going Chapter 40 litigation by spending the Villas reserve funds to hide and conceal identified construction defects (REF: NRED case # CIS 10-12-03-060).
Also to be considered is the treatment of some of our senior citizens. Ex Board President Jack Troia’s behavior earned him a well deserved special nomination into “The Hall of Shame” on public television, and yet his cohorts just honored him when his last term was up!
If this newly elected Board is anything like the past we are headed for more of the same. We don’t need it. We’ve had enough thank you. It’s time to seriously considered why we still employ a law firm that has NEVER put the interests of the community first.
It’s also time to seriously consider why we employ a Management firm who employs community managers who lie and cover up for Association board members who also lie. It’s also time to seriously consider stopping the practice of letting a disgraced former Board member from making contacts with City Officials to promote his personal agenda of hate. We are good people with good intentions and we do not deserve to be denigrated by a “has been” lawyer.
It’s time to have compassion, and to listen to our seniors who have earned the right to live in peace without being threatened by fines (and worse). Sun City Anthem is a community of people who deserve better than the abuse that has been the hallmark of the past. If the newly elected Board members really meant what they said before they were elected, we may see some changes, if not we will all be witness to the next generation of “Hall of Shame” candidates.
Posted in Ann_Small, 2011 Campaign, Truth Squad, SCA Board, Operations, Community Affairs, Lifestyle | Print | No Comments »
1/3 of SCA Voters Made A Clear Statement
May 3, 2011 by bobfrank.
The SCA Community Manager has reported that 1/3 of Sun City Anthem homeowners voted for Bob Frank (854 out of 2,853) during the 2011 Board Election.
THANK YOU for your support, and please continue to stay active in community governance affairs in the future.
We can be certain you knew who you were voting for, and what values and principles you wanted implemented by the Sun City Anthem Board of Directors. You have made clear statements of your desires, and we can be conifident your voices will be heard in the future. Even though all of your choices were not elected to the board this year, some of the policy and procedural changes you have requested may become feasible.
Rest assured, Kay and I, and the many other SCA neighbors supporting AnthemVOICE programs will continue to pursue mutual goals to defend and protect our homeowner rights and property interests. With the sustained help from you and your friends, we will eventually persevere.
As we know from our national history, less than one-third of the American population was personally involved in winning the War of Independence from England. And, we can have confidence that eventually, the SCA Board of Directors will finally implement the necessary balance between quality management of our common property and protection of the individual rights and private property interests of each unit owner. Your sustained contributions and efforts will bring about those changes in this community.
Very Sincerely Yours,
Bob and Kay Frank
PS. For your reference: here are the results from SCA Board Elections since 2007:
2007-2011 Sun City Anthem Election Results
Posted in Bob Frank-2011, 2011 Campaign, SCA Board, Community Affairs, Operations | Print | No Comments »
False Arrest Case
May 1, 2011 by kayfrank.
David Berman has posted the following false claim:
“Commenting on the arrests of Bob Frank and Tim Stebbins on charges of filing a false police report, the newsletter says, “Imagine! Bob and Tim were arrested and jailed because the HOA board claimed they filed a false police report.” THAT, my friends, is a defamatory lie! Before, during and after the investigation that exonerated directors Roz Berman and Roger Cooper, no Board member took any steps to suggest to the police that they should arrest and charge Frank and Stebbins.”
“It was entirely the decision of the police to arrest and charge the two SCA residents. All the Board members told me they were surprised to learn of the arrests, as they all assumed the matter was over and done with upon receipt of the Police Chief’s exoneration letter. I defy any member of the Friedrich/Frank/Stebbins/Goodman crowd to prove otherwise. Posted by: David Berman | May 01, 2011 at 07:10 PM”
RESPONSE: The following shows that Berman is once again guilty of self-serving lying:
1. Berman is NOT a board member, and the newsletter is not close to being “defamatory”. He could not have witnessed many, if any, conversations by directors with Henderson City officials–except for his spouse who was suspected of committing forgery.
And, as a suspended attorney and self-acknowledged forger of a judge’s signature on official tax documents, he has been judged guilty of what in most areas of the Nation would be considered a felony criminal act of forgery. His opinion is truly worthless.
2. This “false arrest” case involved well-researched and well-documented support for allegations of suspected criminal violations by certain SCA Directors. Of course, the board’s position was that the allegations were not true.
To the contrary, the allegations were recently confirmed to be accurate by the IRS Tax Audit of the 2007 Return that showed SCA owed $1.345 million in back taxes and penalties for just that one year.
3. During the January 21, 2010 Board Meeting, a Henderson Police Chief letter was read that claimed the allegations were “unfounded”. Contrary to Berman’s false claim, the individuals were NOT “exonerated” or found “free of all blame”. The evidence seems clear that the Henderson Investigation Division rushed to judgment under heavy political pressure from the SCA Board and its friends and failed to complete its duty.
At the Board Meeting, Director/Attorney/Former Henderson City Attorney (and potential defendant) Ann Small announced there are consequences for filing a false police report. Small also said (in a very threatening manner) that as a judge, she knew “the court was not lenient”. Here is a transcript of her board statement: Ann Small’s Threatening Statement
Just a few days later the City of Henderson suddenly arrested Stebbins and Frank and charged them with “filing a false police report”–a criminal misdemeanor. And, the Henderson Judge’s arrest warrant included politically-charged statements and subjective allegations that could only have come from the SCA Board Members and its attorneys.
The City’s disgraceful treatment of these two, retired, elderly men may become yet another Henderson City nightmare when the public and courts finds out what The City did on this case. Tim Stebbins and Bob Frank were only trying find a way to require the board to comply with the law to refund over $4 million of illegally-held/unneeded dues surpluses owed to 7,144 homeowners.
These 70-something men were jailed, stripped, perp-walked and forced to be handcuffed behind their backs to a pole for over 4 hours while forced to wait to be the last prisoner of the day to be finger-printed. They were also forced to post over $600 cash bail before being released from jail and before being arraigned the following week.
Imagine such outrageous treatment for these seniors! In my opinion, this was City Hall’s political retaliation against Stebbins and Frank for daring to challenge the City’s friends on the SCA Board!
Meanwhile, no one can remember a prior case where Henderson has charged and arrested anyone for filing a false police report. And, it is not yet clear what happens when the case against Stebbins and Frank is dismissed. After it is clear the SCA Board lied to the Henderson Police (not Stebbins and Frank), will Henderson arrest the involved board members using the same procedures as above?
No one (not even Berman) could miss seeing the direct connections between the board’s claims of being falsely accused, Director Ann Small’s self-serving threats of possible consequences, and the subsequent (false) arrests.
4. A single Henderson Police Sergeant admitted he had failed to consult any tax experts when he decided to accept only the board’s excuses and then unilaterally decreed the Stebbins/Frank report to be “unfounded”.
The Sergeant claimed he had no business degrees, no accounting or CPA training, and that he had to spend hundreds of hours trying to understand the basic business issues. He admitted to being unqualified to investigate this income tax evasion/forgery case. But, he failed to seek qualified professional help from disinterested parties.
5. After well over a year of unreasonable court delays and wasted attorney fees being spent by Stebbins and Frank, the Henderson City Attorney and Municipal Judge recently had to admit they had irreconcilable, personal conflicts of interest with SCA Director/Attorney Ann Small.
After revealing such compelling evidence of conflicts of interests, the Henderson City participants recused themselves and hired a special prosecutor and special judge for this minor misdemeanor case.
In the future, it is possible evidence of inappropriate personal communications between Director/Attorney Small and certain Henderson officials will be revealed.
So, when Berman states “it was entirely the decision of the police to arrest and charge the two SCA residents” he is willfully lying.
The facts show Berman has no direct knowledge, and his claims contradict the facts in evidence.
The arrest of Stebbins and Frank appears to have been a “political” act requested by self-serving and DESPERATE SCA board members.
When the court hearing is finally held, the full truth will come out. Then we are likely to see the perpetrators of the real crimes having to face the justice system.
Posted in Ann_Small, 2011 Campaign, Bob Frank-2011, kay_frank, Truth Squad, Laws & Rules, Community Affairs, SCA Board, News! | Print | 1 Comment »
Roadmap To Solving SCA Board Misconduct?
April 27, 2011 by bobfrank.
This would be my roadmap to solving the SCA Board misconduct problems we have.
1. Practice the “golden rule” and implement community rules fairly, justly and humanely.
2. Resolve all disputes with members internally and avoid forcing them to go outside to seek justice.
3. Replace the discredited professionals and contractors who serve only their greed.
4. Stop the waste and abuse of our hard-earned savings and retirement incomes.
5. Assess dues for only what is needed to run the facilities at top levels, and always return the surpluses.
6. Require the developers to pay what they owe the community.
Imagine what joy we could have if those were the SCA board policies, and if our community refused to allow anyone to serve on the board unless they say what they mean, and do what they say concerning implementing those policies!
Posted in 2011 Campaign, Bob Frank-2011, Truth Squad, SCA Board, Community Affairs, Operations | Print | No Comments »
SCA Board Actions (Again) Condemned By Media!
April 26, 2011 by admin.
Check out the LV Review-Journal’s revealing articles about HOA Board abuse and how once again, Sun City Anthem’s board is used as one of the worst examples of Nevada board misconduct.
Here is today’s Review-Journal (R_J) View articles:
http://www.viewnews.com/2011/VIEW-Apr-26-Tue-2011/anthem/index.html
Here is the week-end R-J Business Section article about HOA Mismanagement:
http://www.lvrj.com/business/agency-governing-homeowners-groups-scrutinized-120534784.html
Here is the AnthemToday analysis of the situation:
http://www.anthemtoday.com/forum/viewtopic.php?f=21&t=2815
And, here you can see David’s Anthem Journal’s pathetic excuses to try to blame “unfair media” for the SCA Board misconduct:
http://anthemjournal.typepad.com/davids_anthem_journal/2011/04/the-latest-media-hatchet-job-on-sca.html
Notice that not one single director, David Berman or his associates have been willing to grant Doris “Penny” Vescio, 86, Shadow Canyon Village unit owner, a permanent variance for her wall extension to protect her small dogs from another coyote attack. Why is that?
And, why do they continue to offer the bogus excuse that they “can not comment” on the matter? Of course they will not comment–no one could come up with a valid excuse for their outrageous misconduct! Based on Penny’s extensive public statements, it is impossible for the directors to get away with claiming “privacy” considerations as the reason to refuse to comment.
If the board can grant a variance for 2 years, why does the majority of those directors not vote to grant Penny a PERMANENT variance? It is squarely in the board’s power to stop the madness. Penny is being forced to escalate the matter until justice is finally achieved.
Forget about Jack Troia and his proven lack of human compassion on so many matters. His time is way past.
But, what are those other 6 directors (and particularly those NOT up for re-election) thinking? Are they just robots or potted plants sitting around the board meetings with no mind, no compassion and no sense of responsibility of their own? How could they do such a thing?
And, how dare any of those directors claim they CANNOT comment on the case while at the same time complain about Penny’s dissatisfaction with their treating her so dishonestly and shamelessly?
In the independently published, March 28, 2011 HOA Gazette Newsletter, Johnathan Freidrich reported on false testimony by Celeste Bove, Roz Berman and Kay Dwyer to the Senate Judicary Committee on March 25, 2011.
He said: “Because in their vain arrogance they insist they are the only ones who are qualified to determine what is a “false or frivolous complaint”. They have determined all complaints by a petty, insignificant, worthless homeowner against the omnipotent board, by definition, must be false or frivolous because they, as board members, can do no wrong. One of those women is so conceited, she essentially said to a homeowner: I am a director, and if you don’t like it when I poke a stick in your eye, then you should move.” (HOA Gazette Source File)
It appears these people do not realize their names (along with Jack Troia) are candidates for being permanently enshrined in the Nevada HOA Hall of Shame? Their names might even make it into some future textbooks and business college case studies about “HOA Syndrome” and the kind of HOA board misconduct that can create litigation risks for the association.
Finally, how dare any of those 7 directors and RMI community managers expect to be respected or honored after so conclusively proving on this case (and the income taxes and other issues) that they are unworthy of community support or of future service?
Posted in Ann_Small, 2011 Campaign, Bob Frank-2011, Truth Squad, SCA Board, Operations, Community Affairs, News! | Print | No Comments »
Still True Today–After 4 Years!
April 25, 2011 by kayfrank.
Prophetic words that today I can still repeat—”will not cover up or tolerate illegal secrets.”
My prayer for each and every woman is that you, too have such a wonderful life partner.
Happy Easter to all. Christ is Risen, He is Risen, Indeed. Kay
———–
A google search for “bob frank nevada” found this link to Ron Johnson’s 2007 blog! You never know what will be found left around on the Internet….
http://www.scaview.org/anthem-view/2007/08/the-sun-city-anthem-board-and.html#comment-88
September 1, 2007 5:25 PM
kay frank said: My husband has never bullied anyone, including Roz Berman. Perhaps she mixes him up with her husband. Bob is firm but soft spoken and absolutely refuses to cover up misbehavior, or as Roz puts it “go along to get along”.
As his life partner of over forty years, we have disagreed often and I have always found him to be reasonable and flexible in looking at issues, but with the uncompromising bedrock of ethical behavior. Raised by a single mother and grandmother, Bob is always kind and courteous, and never patronizing to women. In expecting Roz and the others to live up to their campaign and moral duties, yes, he would be firm, adamant and courteous. Arthur, I think the judge found it easy to sign the notice to quit for S& D Cafe. What she probably found remarkable was that our association board was over two and one half years late. After not being paid rent for three years, evicting them made sense instead of treating them like a charity case for millionaires, and letting them stay until the end of the lease. Just the three years of expenses incurred in funding the utilities, insurance, etc. for those millionaires at S&D cafe who were stiffing us on the rent could have a significant impact on our dues increase. In the matter of secrecy, the Business Development Club, headed by Bob Frank, wrested the Trumpets contract out of illegal secrecy and shined the light on it. If Bob Frank had not done so,I believe that this spring the Trumpets amendment would have been signed in secret, sealed and delivered by the old board before the end of their term. We would now be stuck with ten more years of S&D cafe, with no assurance they would even pay their reduced rent, and with gambling in our recreation center. Is it any surprise that Bob Frank will not cover up or tolerate illegal secrets just because “one of the club” tells him it is secret? ————————-
Posted in 2011 Campaign, Bob Frank-2011, Truth Squad, SCA Board, Community Affairs, Operations | Print | No Comments »
NV HOA Commission Accused of Conflicts of Interest
April 25, 2011 by admin.
Two (2) Sun City Anthem unit owners, former Board President Favil West and Del Webb VP Randy Watkins, were among the 7 members of the Nevada Common Interest Communities (CIC) Commission accused of misconduct and serious conflicts of interest in the April 23, 2011 issue of the Review-Journal.
Two (2) Other CIC Commissioners with alleged irreconcilable conflicts of interest with Nevada homeowners (and in particular with SCA homeowners) were SCA Auditor/Tax Preparer Gary Lein and Attorney Michael Buckley (a member of the Jones-Vargus law firm involved in SCA HOA construction defects. Michael Buckley has been a decades-long friend and associate of SCA’s discredited attorney, John Leach.
See this link for details:
http://www.lvrj.com/business/agency-governing-homeowners-groups-scrutinized-120534784.html#blogcomments?submitted=y
Many SCA members will recall that Auditor/CPA Gary Lein is the man who was hired by Del Webb and Pulte a decade ago to provide SCA’s “expert” tax and audit advice. After recently receiving the IRS audit report that we owed $1.345 Million in back taxes and penalties for just 2007 alone, it appears that SCA is going to be needing a MUCH better auditor–really soon!
So, with 4 of the 7 CIC Commission members having irreconcilable conflicts of business interests in our association, we can see why no board complaint filed during the past 4 years has been reviewed at an open hearing of the CIC Commission and Deputy Attorney General. That fact alone is compelling evidence of some kind of misconduct or corruption in the system.
Here is are PDF files of the above link:
Basic Article
25apr11_comments_r-j_blog_cicc-conflicts.pdf
Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, Truth Squad, Community Affairs, SCA Board, Operations | Print | No Comments »
Unity Group: What About “SCA Election Security Holes”?
April 24, 2011 by bobfrank.
Since this is likely to be a controversial topic, private/confidential emails to me at bobfrank@cox.net would be helpful.
Board election irregularities, and even election fraud, are common in homeowner associations. After the FBI’s reports on HOA election fraud in other area HOAs, no one should be surprised that SCA needs to protect our community from such problems.
Note that nothing has (yet) been said on the berman journal blog. Since he used to be on the election committee, he is well aware of the weakness of the SCA system, and likely knows why they have been ignored. No doubt he will get highly defensive about the information being posted; but, do not expect him to favor spending any money to fix anything.
Also, if something is said on that blog, watch how it launches yet another of his dozens of bogus, personal attacks and works to try to change the subject.
He is likely to claim I have “smeared the reputations” of many directors and election committee members. But, that would be false.
All I have done is point out the obvious ways for fraud to occur in the SCA election system, and openly asked the questions on why such flagrant errors are allowed to exist–year-after-year?
In the past few years, I have privately asked these kinds of questions of directors and election committees, and my questions have been ignored and/or summarily dismissed.
Most candidates are afraid to challenge the election committee on such issues for fear of being sanctioned in some way. But, the election committee has no authority to sanction any member for anything.
Why would my trying to ensure we have a totally honest, fair and open election be considered unacceptable behavior by those in power?
But, maybe I will be wrong. Perhaps the Berman Blog will fully support my recommendations? ;-)
Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, Truth Squad, Community Affairs, SCA Board, Operations | Print | No Comments »
Can We Trust The SCA Election Results?
April 23, 2011 by bobfrank.
(Revised Version)
We all hope so, but at our ages and experience, we know there can be a few individuals involved in election management or facilities management who can be bribed or otherwise motivated to try to tamper with election outcomes.
Only well-implemented, trustworthy election systems and procedures can effectively block those who might want to tamper with the ballots.
For example, a list of the 27 alleged statute violations by the 2010 Board and Election Committee and currently under investigation by the State of Nevada (Case IS-10-2182) is found in this PDF file: List of Alleged 2010 SCA Election Violations
To answer the question for SCA in 2011, we need to list some basic features and characteristics of a “trusted” secret ballot process, and compare SCA’s current components to the desired criteria.
1. BALLOT: The ballot should contain the candidate names printed lightly on card stock so the printing and marked votes are not detectable when reversed and held up to strong light in a dark room.
The ballot should include unique, sequential serial numbers created for that particular election to deter the preparation and casting of counterfeit ballots.
2. INNER ENVELOPE: The inner envelope should be of the windowless type often used for mailing checks or other confidential material.
The inner envelope would contain internal tinting so the printing and writing on the ballots could not be detected without opening the envelope. The flaps should clearly indicate if there had been attempts to improperly open or tamper with the seals.
It should be impossible to detect anything printed or marked on the enclosed ballot.
3. OUTER ENVELOPE: The outer envelope should have inner tinting and tamper-resistant flap seals. It should be impossible to detect anything printed or marked on the enclosed inner envelope.
4. BALLOT “LOCK” BOX: The containers used to store the voted ballots in the Community Centers during the voting period should be “tamper-proof”.
The ballot “lock” box construction should use tamper-proof screws, tamper-proof door locks, and tamper-evident seals around the access door.
The ballots should not be able to be viewed, removed or accessed at any time of the day or night until counting time.
5. BALLOT HANDLING PROCEDURES: Ballots are either inserted directly by members into a Ballot Lock Box or sent via US Mail addressed to a reserved USPS mail box. Only the authorized voting member should be able to touch a ballot between the time it is completed and inserted into a Ballot Box.
6. BALLOT HANDLING PROCEDURES RECEIVED VIA US MAIL: A special USPS Mailbox should be rented for the sole purpose of receiving ballots during the voting period.
Only a limited number of background-cleared individuals should have key access to the USPS box during the voting period.
Ballots should not be removed from the USPS box before they can be taken directly to, and immediately inserted into one of the Ballot Lock Boxes in a Community Center.
7. BALLOT COUNTING PROCESS: The process of opening the ballot lock boxes and counting the votes should be in plain sight.
All members should be able to pass by and observe the activities from a distance–not to exceed 10 feet.
Once the outer envelopes had been validated as representing members entitled to vote and the ballot had been removed, the outer envelopes should be sorted in street address sequence and made available for inspection by members.
The outer envelopes should be permanently stored in case there was a question about the member validation process.
Board members and candidates should have priority access to reviewing the outer envelopes.
So, how does the SCA 2011 Ballot Handling Process measure up to the “trusted” criteria described above?
——————
IT FAILS! None of the SCA Election system components uses any of the trusted criteria.
For example:
1. SCA BALLOT PACKAGE IS VULNERABLE TO TAMPERING. The SCA ballot and envelopes use the cheapest materials available.
It appears possible to hold up completed/sealed ballots in front of a strong light in a dark room and detect the votes in most, if not all of the ballots.
It appears possible for someone having access to the ballots to destroy some of the ballots cast for certain candidates or groups of individuals.
The preferred candidates would be certain to win, and the opposed candidates would lose by “reasonable” margins.
The current SCA ballots and election procedures could not detect such tampering and fraud.
2. SCA BALLOT BOX IS VULNERABLE TO TAMPERING. The SCA ballot boxes are not tamper-resistant. The construction is of wood with normal screws.
The access door is locked by the cheap type of lock often seen in file cabinets and office desks.
Such locks can be easily picked by a non-expert using techniques readily found on the Internet.
No tamper-resistant/tamper-evident seals are used on the doors, other potential access points, and voting slots to detect unauthorized accesses during late nights and weekends.
No information is provided by the Board on who has restricted access to the ballot box keys or about what kind of 24/7 security/access-prevention is being provided for the ballot boxes.
There are no procedures for detecting and reporting on attempted accesses to the ballots.
After normal hours to avoid being detected, it would be easy for someone to move/wheel the ballot boxes to a more shielded area from the outside and/or remove and inspect ballots via the open slot on top.
3. SCA BALLOT HANDLING PROCESS IS VULNERABLE TO TAMPERING. Ballots cast via the US Mail appear to be mixed in with regular mail and processed without special handling.
It appears it would not be difficult for employees or volunteer members to gain unsupervised access to the ballots received by mail and to the “extra ballots” made available for members who might need them.
In addition, copies of extra or reproduced ballots can be voted by unauthorized individuals–with little chance of being detected.
An individual may also be able to (a) remove and destroy ballots from the ballot boxes, (b) to cast counterfeit ballots for likely non-voting units (such as rentals or units for sale or for rent), and/or to (c) tamper in other ways with the contents prior to placing seemingly valid ballots into a ballot lock box.
None of that kind of illegal activity is likely to be detected by the current SCA election procedures.
With so few effective security elements and procedures, how COULD the SCA election process be considered “trustworthy”?
The current SCA system is so loose it can not provide any hard evidence of ballot tampering, destruction, or counterfeit submissions, and the “certified” results can not be audited by a 3rd party individual.
So, we must argue it is important to recognize the serious weaknesses in the system and for members to demand they be corrected in the future.
We believe the SCA Board of Directors and Election Committee should care deeply about being vulnerable to suspicions and mistrust by candidates and community members.
Even if no one is discovered taking improper or unfair advantage of the election system, it must always be implemented so that it at least appears to be open, fair, secure and above reproach. Such capabilities are the foundations of our American Constitution and culture.
SCA Boards and EC members have done little in the past to try to protect the association from allegations of unfair elections.
And, the fact that the board’s preferred candidates have won every open seat for over 3 years is sufficient cause to worry about the integrity of our election system.
We believe a board majority that truly cared about election trustworthiness could repair all of the election system vulnerabilities in just a few short weeks, at low cost, and permanently ensure that everyone can have pride and high confidence in our election process.
Regardless of the 2011 election outcome, please help us to demand that board action be taken to provide SCA with “trustworthy” elections in the future.
Our future in hanging on providing open, honest and fair board elections in the future.
Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, Truth Squad, SCA Board, Operations | Print | No Comments »
Should You Call 911–If You Are Being Robbed?
April 22, 2011 by admin.
Is the SCA Board “robbing” the membership?
What do you think about just the following few items?
- Board retains almost $5 Million of “surplus member assessments” in a slush fund after claiming to the IRS such funds will be “returned” to avoid income taxes. But, it failed to do so, and is still failing to give that money back to the members. Instead, the board is spending hundreds of thousand of your dollars to buy time and to try to defend its indefensible acts. Meanwhile, the members get nothing returned. How is that different from being “robbed”?
- The Board has been raising annual assessments at the same time it has been accumulating gross quantities of surplus assessments while it was refusing to refund the previous surpluses. Meanwhile, the annual budgets have not reflected that the millions of surplus slush funds are on hand, but they are not being credited to the next year’s assessments. The 2009 tax return even admits that millions of surpluses are being “carried off line”. How is that different from being “robbed”?
- The directors have been accused of dozens of major law violations and instead of attempting to resolve such disputes internally, they have spent hundreds of thousands of dollars on attorneys to confuse and distract the authorities from the core issues. Meanwhile the boards get away with doing what ever they wish and with wasting hundreds of thousands of our dollars on useless lawyer fees. How is that different from being “robbed”?
There are major statute violations buried in the misconduct described above. The SCA boards have exploited our money to pay their attorneys to get away with abusing the trust and access we have given them to manage our resources.
Could your annual dues be cut by at least $200 each year! Absolutely! By the directors refusing to do that, could you consider that as being “robbed”?
The massive, $5 Million surplus accumulation of slush funds on top of the so-called major “dues holidays” prove that annual dues are grossly over-collected. Could you call that as being similar to being “robbed”?
Of course, there is no hope as long as the community keeps voting in people who favor the developer’s, and the developer-appointed professional’s interests over our unit owner interests.
We know the enemy–it is US. It is our voters who are too “busy” to vote, those who vote for the board-favored candidates each year, and those who will not favor a removal election for directors who have proven they can not be trusted.
Will change come this election cycle? It seems too close to call. But, it is not too late to vote and make a difference.
Posted in Ann_Small, 2011 Campaign, Truth Squad, SCA Board, Laws & Rules, News! | Print | No Comments »
Director’s GROSS Negligence? Are Golf Courses in Default?
April 10, 2011 by THE VOICE.
Last week, the board’s blog (normally called “David’s Anthem Journal”) announced that the golf course owners were in DEFAULT on their loans.
— But, we heard NOTHING from the unity directors.
Then, the board’s blog (and 8th board member) reported that things were much worse than originally reported–but not to worry.
— But, still NO WORD from the unity directors.
Few things could cut our property values and destroy our hoped-for lifestyles more than if the golf courses fail! Every SCA homeowner (and even all homes in the Anthem community) could be directly affected by the health and future of the SCA-adjoining golf courses.
All of our properties (not just those adjoining the courses) are significantly valued based on the open space and beauty of our resort-styled community designed around the two golf courses in the valleys.
Unity directors (particularly Ann Small and Jack Troia) have previously said that since the golf courses are not part of our common property, they have no board responsibilities, and have no direct interest or responsibilities for what happens to the golf courses that go through SCA.
Many members remember that 2 years ago, Dr. Ron Morse, PhD, alerted us to the impending financial problems with the golf courses when he was a board candidate. But, the “Great Oracle of All Things” (David Berman) and others in his unity group attacked Ron for daring to tell the truth, and most people ignored the obvious.
Worse than that, when a couple of board members tried to find ways to work with the course owners in 2008-2009 to help promote use of the golf courses, former director and Dell Webb/Pulte associate, Favil West, interfered with the action, and successfully blocked the initiatives.
So, why must our board and members insist on being involved in the future of the courses running amongst us? Some real estate professionals have said that if/when the golf courses go bankrupt, the most likely benefactor could be a developer. The developer would most likely pick up the property for peanuts and fill up the land with a few hundred low-cost/highly profitable homes. What could be worse for SCA?
The Board attitude is what we call GROSS NEGLIGENCE. It is legal EVIDENCE of DIRECTOR FAILURE to honor their fiduciary duties on behalf of our community association.
Failure of the golf courses would make previous board failures look small in comparison. The current Board’s actions to ignore this obvious disastrous problem for our community and lifestyle is reason alone to reject all carry-over directors and all candidates who show disdain and disregard for this major problem.
While solutions to this complex problem are not easy to formulate, FAILURE TO DO ANYTHING must be considered GROSS NEGLIGENCE by the unity crowd!
Posted in Ann_Small, 2011 Campaign, Truth Squad, SCA Board, Operations, Community Affairs, News! | Print | No Comments »
FBI Raids Another HOA! Who Is Next?
April 7, 2011 by admin.
Raid at Homeowners Association:
“LAS VEGAS — The Nevada Attorney General’s Office, with the assistance of
the FBI, served a warrant at the Paradise Spa Homeowners Association on
Las Vegas Boulevard South near Serene Avenue.
AG investigators were looking for records of the HOA. Residents allege HOA
board members have embezzled more than $1 million of their money. Many
of the people who live at Paradise Spa are elderly. They say they pay $160 a
month in HOA fees but there is nothing to show for it.
Several units were destroyed by two fires in 2009 and 2010 and the insurance
company paid $842,000 but nothing has been repaired.
Eighty-five-year-old Iris Hokanson wants to know what happened to that
money. “I heard it went to California, but it was not used on our building.
They have not rebuilt it, they have not done anything. Then they came and
stole all the guts out of the building,” she said.”
More details are found at this link for Channel 8:
http://www.8newsnow.com/story/14404196/breaking-news-raid-at-homeowners-association
Since so many HOA Boards have been accused of fraud andother kinds of
misconduct, it makes you wonder who is next?
Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, Truth Squad, Community Affairs, SCA Board, News! | Print | No Comments »
Sun City Anthen Board Says: “Attorney General Is Mistaken!” Really?
April 3, 2011 by admin.
It seems like everywhere one goes these days, members are asking about the “charges”, “indictment” or “allegations” of law violations formally filed by the Attorney General against the 2007 and 2008 Sun City Anthem (SCA) Directors.
What you hear from board members and their friends is that:
…it is just a big mistake by the Attorney General. No illegal changes were made to the SCA CC&Rs in 2008. It was just an “update”….
After 3 years of investigations by Real Estate Division professionals, and after extensive verifications by the Nevada Deputy Attorney General, the FORMAL CHARGES are considered by the SCA directors and their association attorney to be just a “mistake”? Really?
This is coming just a few weeks after the income tax fiasco where the board claimed that IRS made “mistakes” and SCA might be able to convince IRS to back off its demand for $1.345 Million in back taxes and penalties for 2007. Really?
If you were a betting person, would you make a bet that the SCA Directors, and its notorious attorneys are likely to be correct? Could both the IRS and Nevada Attorney General be wrong? We don’t think the chances are much above zero.
The question is, what’s next? It took about 3 years for the allegations to be investigated, validated, and charged by the State of Nevada against the 2007 and 2008 Boards.
So, what else is in that huge backlog of dozens of other law violations filed against the boards that could be coming out this Spring and Summer?
We wouldn’t want to be in former board Presidents Mike Dixon’s, Roz Berman’s or Jack Troia’s shoes!
– Relevant comments from Anthem Today Forum: ccrs_anthem-today.pdf
Posted in 2011 Campaign, Bob Frank-2011, Truth Squad, SCA Board, Community Affairs, News! | Print | No Comments »
Vegas Voice Ad Promotes Bob Frank For Director
April 2, 2011 by admin.
Your April issue of the Vegas Voice in the mail and at shopping centers contains an ad on page 21 sponsored by the “Sun City Anthem Homeowners Committee to Elect Bob Frank”.
This public exposure was necessary because the SCA Board refuses to allow board candidates to pay for ads in the Spirit magazine or Relay Newsletter–as the commercial vendors do. Does that make any sense to you?
The Homeowners Committee Ad says:
”April 8th to April 29th is when you cast ballots for the Sun City Anthem (SCA) Board of Directors. Our homeowner group asks you to vote for Retired Air Force Colonel Bob Frank because he has proven to be the kind of trustworthy director we need to defend our homeowner interests.
Bob’s strong, no nonsense leadership style has attracted some political attacks from directors and community members who favor business and personal interests over homeowners. But, we ask you to disregard those negative forces and concentrate on the positive truths about Bob Frank’s selfless and consistent record of honest service to homeowners.
In recent years, there have been dozens of community issues illustrating Bob Frank’s leadership skills, reliability, integrity and character. But we only have space to outline his top role—refunding surplus dues to avoid income taxes.
History shows Bob Frank was the only SCA director who opposed the gross over-charging of annual dues and who worked to avoid the $1.345 Million taxes revealed in January. Bob’s actions included:
1. Organized a SCA group of retired IRS specialists in 2008 to help the board avoid errors and omissions. But, the board threatened Bob with a law suit if he asked IRS for guidance without board approval.
2. Objected to the questionable tax policies at 2008 board meetings and voted NO on the 2008 budget that wrongly raised dues by $160.
3. Proved that instead of raising the dues for 2008, the rate should have been cut over 50% by refunding the over $3.7 Million of accumulated surpluses as directed by IRS rules.
4. After completing his board term, Bob helped to obtain a policy letter from the National IRS Expert that proved SCA had submitted false income tax returns—but the board ignored it.
5. Recently, Bob reported on a possible way to:
(a) avoid paying the $1.345 Million in taxes and penalties, and
(b) avoid wasting hundreds of thousands of dollars appealing a hopeless tax case.
Finally, to give your candidate(s) the best chance for election recommend only voting for truly trustworthy people. Eliminate errors by lining through names you do not wish to elect.
More information on Bob can be found at blog.anthemVOICE.org or from: bobfrank@cox.net”
Please remember to vote to return Bob Frank to the SCA Board.
Sponsored by Sun City Anthem Homeowners Committee to Elect Bob Frank
Posted in Bob Frank-2011, 2011 Campaign, SCA Board, Operations, News! | Print | No Comments »
Could Living in an HOA be Hazadorus to Your Health?
March 31, 2011 by admin.
Tenured psychology professor at the College of Southern Nevada, Dr. Gary Solomon, believes recent medical research proves that dictatorial HOA Board abuse against homeowners can create serious mental and stress illnesses–particularly among seniors.
And, the following snapshots of his signs, web sites, and local TV coverage shows he and a group of others with similar interests have set upon a path to do something about it.
Click here for a short article: HOA Syndrome
See the following websites for more information:
http://www.fox5vegas.com/news/27376288/detail.html
http://www.ktnv.com/story/13966867/hoa-hall-of-shame-sun-city-anthem#
No doubt many will consider this to be really bad news concerning the potential adverse affects on HOA homeowner property values where homeowners are making public complaints.
Developers, real estate brokers and some homeowners believe that all such bad news stories must be suppressed to protect community home values, but such self-centered, cover up attempts fail to solve any problems. They just put off the inevitable and create much worse problems.
The obvious solution is to remove abusive and incompetent board members and work to ensure that only trustworthy directors are elected in the future.
Resolving conflicts to mutual satisfaction WITHIN the community is the only way to achieve exceptional lifestyle opportunities, maintain outstanding community morale, and grow property values ahead of market averages.
Our Sun City Anthem homeowners need to wake up and recognize we have a very serious problem with board misconduct. Trying to keep a lid on the SCA board’s misconduct has proven to be unworkable.
A perfect example of what NOT to do is the current income tax fiasco. Consider the long-term impacts of a case like our Board’s attempting to spend hundreds of thousands of dollars of hard-earned dues money to try to bully the IRS into giving us a tax credit for their obvious mistakes. What an outrageous act of disrespect and dishonor to our homeowners!
At the rate the “unity boards” are going, Sun City Anthem in Henderson, NV will be long remembered for allowing its boards to do such really dumb things as to pay millions of dollars in taxes out of the many millions required to be refunded to members.
Excuse me? Give away taxes to the Government on money required to be REFUNDED each year to unit owners? Even the best of con men can not make any sense out of that garbage!
We have to wonder, will our community become so notorious that it is studied in future management schools and forever ridiculed for electing such dictatorial, insensitive people to the board, year-after-year-after-year?
The question will be: “Why did we tolerate such mismanagement?” Were we intimidated and bullied into submission as the HOA Syndrome seems to suggest?
It is common for abused people to continue to tolerate abuse until it gets so bad that some type of major blowup occurs. Let’s hope we can do better in this year’s election and avoid a blowup. Having to consider calling for a recall election to get the board focused on working for us homeowners is much more work than getting trustworthy people elected in the first place.
Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, Truth Squad, Community Affairs, SCA Board, Operations | Print | No Comments »
HOA Advocate Gazette Features SCA Stories
March 28, 2011 by admin.
Diane Gerber’s “HOA Advocate Gazette” has picked up on and featured the Henderson “false arrest” story about Tim Stebbins and Bob Frank.
It also highlights Johnathan Freiderick’s report on the “3 amigas”
Kay Dwyer, Celeste Bove and Roz Berman Testifying–photo by D. A. Berman
who showed up to reveal to the Senate Judiciary Committee and to the thousands watching via Internet streaming media as the hateful and self-centered people they are.
Their shockingly anti-homeowner and incompassionate attitudes were exposed in this highly public environment and has been recorded via the Internet. Such egotistic behavior is usually reserved for the home crowd attending board meetings, and when socializing among the community members who enjoy kowtowing to them.
Web Version: http://www.universitycresthoa.com/HOAadvocateGazette/Issue4.html
PDF File Version of the Gazette: HOA Advocate Gazette Volume 1, Issue 4
Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, SCA Board, Special Events, Community Affairs, Clubs & SIGs | Print | No Comments »
Attorney General to Prosecute SCA Boards on April 26, 2011
March 27, 2011 by bobfrank.
On March 24, 2011 the Nevada Real Estate Division notified the Sun City Anthem Community Association that the Attorney General would serve as the Prosecuting Attorney at a hearing of the Nevada Commission for Common Interest Communities and Condominiums on April 26, 2011.
The alleged violation by the two boards in 2008 was to twice vote to illegally modify the SCA CC&Rs. Board President was Roz Berman, and the basic work accused of violating statutes was performed by association attorney John Leach.
This is a historic event as this will be the first of close to 100 alleged SCA Board statute violations brought to trial/hearing before the CIC Commission. It has taken about 3 years to reach this point.
For members who are interested, I served on that board and vigorously objected to what I believed to be highly improper (if not illegal) changes to the CC&Rs being promoted by attorney Leach. I was the only director voting NO on both board votes. However, I had nothing to do with the filing of the case leading to this prosecution.
Since I will have to explain to the Commission my objections and NO vote against the board majority votes to approve the alleged violations, I must save those explanations until after the hearing.
Meanwhile, the hearing before the CIC Commission should be a very interesting situation. At least 4 of the Commissioners have potentially serious conflicts of interests with the other directors, and are likely to have to recuse themselves on this case.
At this time, only the basic affidavits have been scanned in and attached to this posting. The exhibits will be added as time permits.
Download: Attorney General Charges
Posted in Truth Squad, Ann_Small, 2011 Campaign, Bob Frank-2011, SCA Board, Community Affairs, Operations, Clubs & SIGs, Laws & Rules, News! | Print | No Comments »
Election Laws Violation–Filed Against SCA Board
March 27, 2011 by bobfrank.
The Board of Directors and Election Committee has been accused of knowingly and willfully violating NRS 116 laws governing board elections.
They have refused to send out candidate information sheets 30 days before the ballot packages are mailed. This failure not only violates the law, it is unfair to first-time candidates and candidates who are promoting platforms that oppose the board’s policies and practices.
Here are copies of the basic documents filed with the NV Real Estate Division:
Affidavit
a-26mar11_certified-letter-to-sca-board.pdf
b-nred_election_rules.pdf
c-sca-2011-community-election-calendar.pdf
d-sca-2011candidates-election-calendar.pdf
e-page-7-of-2011-sca-election-manual.pdf
f-page-16-of-2011-sca-election-manual.pdf
Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, Truth Squad, Laws & Rules, SCA Board, Operations | Print | No Comments »
What Does Duty, Honor, County Mean To You?
March 26, 2011 by bobfrank.
The below article was received from Davis Leonard. While all veterans and their direct family members are not able
to share the spirit, honor and traditions of the vast majority of USMC members and their families, we share a common
bond as fellow warriors who signed the “blank check to our Nation” by serving in combat.
This story deserves special mention at this time for the residents who continue to support those in our community
who truly understand the meaning of honor and prove it by doing what is right–regardless of the personal
sacrifices, humiliations and disrespect heaped on them for just telling the truth.
————–
Burial at Sea
by LtCol George Goodson, USMC (Ret)
In my 76th year, the events of my life appear to me, from time to time, as a series of vignettes.
Some were significant; most were trivial…
War is the seminal event in the life of everyone that has endured it. Though I fought in Korea
and the Dominican Republicand was wounded there, Vietnam was my war.
Now 42 years have passed and, thankfully, I rarely think of those days in Cambodia, Laos, and
the panhandle of North Vietnam where small teams of Americans and Montangards fought much
larger elements of the North Vietnamese Army. Instead I see vignettes: some exotic, some mundane:
*The smell of Nuc Mam.
*The heat, dust, and humidity.
*The blue exhaust of cycles clogging the streets.
*Elephants moving silently through the tall grass.
*Hard eyes behind the servile smiles of the villagers.
*Standing on a mountain in Laos and hearing a tiger roar.
*A young girl squeezing my hand as my medic delivered her baby.
*The flowing Ao Dais of the young women biking down Tran Hung Dao.
*My two years as Casualty Notification Officer in North Carolina, Virginia, and Maryland.
It was late 1967. I had just returned after 18 months in Vietnam. Casualties were increasing.
I moved my family from Indianapolis to Norfolk, rented a house, enrolled my children in their
fifth or sixth new school, and bought a second car.
A week later, I put on my uniform and drove 10 miles to Little Creek, Virginia. I hesitated
before entering my new office. Appearance is important to career Marines. I was no longer,
if ever, a poster Marine. I had returned from my third tour in Vietnam only 30 days before.
At 5′9″, I now weighed 128 pounds - 37 pounds below my normal weight. My uniforms fit
ludicrously, my skin was yellow from malaria medication, and I think I had a twitch or two.
I straightened my shoulders, walked into the office, looked at the nameplate on a Staff Sergeant’s
desk and said, “Sergeant Jolly, I’m Lieutenant Colonel Goodson. Here are my orders and my
Qualification Jacket.”
Sergeant Jolly stood, looked carefully at me, took my orders, stuck out his hand; we shook
and he asked, “How long were you there, Colonel?” I replied “18 months this time.” Jolly
breathed, you must be a slow learner Colonel.” I smiled.
Jolly said, “Colonel, I’ll show you to your office and bring in the Sergeant Major. I said, “No,
let’s just go straight to his office.” Jolly nodded, hesitated, and lowered his voice, “Colonel, the
Sergeant Major. He’s been in this job two years. He’s packed pretty tight. I’m worried about him.”
I nodded.
Jolly escorted me into the Sergeant Major’s office. “Sergeant Major, this is Colonel Goodson, the
new Commanding Office. The Sergeant Major stood, extended his hand and said, “Good to see
you again, Colonel.” I responded, “Hello Walt, how are you?” Jolly looked at me, raised an eyebrow,
walked out, and closed the door.
I sat down with the Sergeant Major. We had the obligatory cup of coffee and talked about mutual
acquaintances. Walt’s stress was palpable. Finally, I said, “Walt, what’s the h-ll’s wrong?” He turned
his chair, looked out the window and said, “George, you’re going to wish you were back in Nam before
you leave here. I’ve been in the Marine Corps since 1939. I was in the Pacific 36 months, Korea for
14 months, and Vietnam for 12 months… Now I come here to bury these kids. I’m putting my letter in.
I can’t take it anymore.” I said, “OK Walt. If that’s what you want, I’ll endorse your request for retirement
and do what I can to push it through Headquarters Marine Corps.”
Sergeant Major Walt Xxxxx retired 12 weeks later. He had been a good Marine for 28 years, but he had
seen too much death and too much suffering. He was used up.
Over the next 16 months, I made 28 death notifications, conducted 28 military funerals, and made 30
notifications to the families of Marines that were severely wounded or missing in action. Most of the
details of those casualty notifications have now, thankfully, faded from memory. Four, however, remain.
MY FIRST NOTIFICATION
My third or fourth day in Norfolk, I was notified of the death of a 19 year old Marine. This notification came
by telephone from Headquarters Marine Corps. The information detailed:
*Name, rank, and serial number.
*Name, address, and phone number of next of kin.
*Date of and limited details about the Marine’s death.
*Approximate date the body would arrive at the Norfolk Naval Air Station.
*A strong recommendation on whether the casket should be opened or closed.
The boy’s family lived over the border in North Carolina, about 60 miles away… I drove there in a
Marine Corps staff car. Crossing the state line into North Carolina, I stopped at a small country
store / service station / Post Office. I went in to ask directions.
Three people were in the store.. A man and woman approached the small Post Office window.
The man held a package. The Storeowner walked up and addressed them by name, “Hello John.
Good morning Mrs. Cooper.”
I was stunned. My casualty’s next-of-kin’s name was John Cooper!
I hesitated, then stepped forward and said, “I beg your pardon. Are you Mr. and Mrs. John Cooper
of (address.)
The father looked at me-I was in uniform - and then, shaking, bent at the waist, he vomited. His wife
looked horrified at him and then at me. Understanding came into her eyes and she collapsed in
slow motion. I think I caught her before she hit the floor.
The owner took a bottle of whiskey out of a drawer and handed it to Mr. Cooper who drank. I answered
their questions for a few minutes. Then I drove them home in my staff car. The storeowner locked the
store and followed in their truck. We stayed an hour or so until the family began arriving.
I returned the store owner to his business. He thanked me and said, “Mister, I wouldn’t have your job
for a million dollars.” I shook his hand and said; “Neither would I.”
I vaguely remember the drive back to Norfolk. Violating about five Marine Corps regulations, I drove the
staff car straight to my house. I sat with my family while they ate dinner, went into the den, closed the
door, and sat there all night, alone.
My Marines steered clear of me for days. I had made my first death notification.
THE FUNERALS
Weeks passed with more notifications and more funerals. I borrowed Marines from the local Marine
Corps Reserve and taught them to conduct a military funeral: how to carry a casket, how to fire the volleys
and how to fold the flag.
When I presented the flag to the mother, wife, or father, I always said, “All Marines share in your grief.”
I had been instructed to say, “On behalf of a grateful nation….” I didn’t think the nation was grateful, so I
didn’t say that.
Sometimes, my emotions got the best of me and I couldn’t speak. When that happened, I just handed
them the flag and touched a shoulder. They would look at me and nod. Once a mother said to me, “I’m
so sorry you have this terrible job.” My eyes filled with tears and I leaned over and kissed her.
ANOTHER NOTIFICATION
Six weeks after my first notification, I had another. This was a young PFC. I drove to his mother’s house.
As always, I was in uniform and driving a Marine Corps staff car. I parked in front of the house, took a
deep breath, and walked towards the house. Suddenly the door flew open, a middle-aged woman rushed
out. She looked at me and ran across the yard, screaming “NO! NO! NO! NO!”
I hesitated. Neighbors came out. I ran to her, grabbed her, and whispered stupid things to reassure her.
She collapsed. I picked her up and carried her into the house.. Eight or nine neighbors followed. Ten or
fifteen later, the father came in followed by ambulance personnel. I have no recollection of leaving.
The funeral took place about two weeks later. We went through the drill. The mother never looked at me.
The father looked at me once and shook his head sadly.
ANOTHER NOTIFICATION
One morning, as I walked in the office, the phone was ringing. Sergeant Jolly held the phone up
said, “You’ve got another one, Colonel.” I nodded, walked into my office, picked up the phone, took notes,
thanked the officer making the call, I have no idea why, and hung up. Jolly, who had listened, came in with
a special Telephone Directory that translates telephone numbers into the person’s address and place of
employment.
The father of this casualty was a Longshoreman. He lived a mile from my office. I called the
Union Office and asked for the Business Manager. He answered the phone, I told him who I was, and
asked for the father’s schedule.
The Business Manager asked, “Is it his son?” I said nothing. After a moment, he said, in a low voice,
“Tom is at home today.” I said, “Don’t call him. I’ll take care of that.” The Business Manager said, “Aye,
Aye Sir,” and then explained, “Tom and I were Marines in WWII.”
I got in my staff car and drove to the house. I was in uniform. I knocked and a woman in her early forties
answered the door. I saw instantly that she was clueless. I asked, “Is Mr. Smith home?” She smiled
pleasantly and responded, “Yes, but he’s eating breakfast now. Can you come back later?” I said, “I’m
sorry. It’s important. I need to see him now.”
She nodded, stepped back into the beach house and said, “Tom, it’s for you.”
A moment later, a ruddy man in his late forties, appeared at the door. He looked at me, turned absolutely
pale, steadied himself, and said, “Jesus Christ man, he’s only been there three weeks!”
Months passed. More notifications and more funerals. Then one day while I was running, Sergeant Jolly
stepped outside the building and gave a loud whistle, two fingers in his mouth… I never could do that and
held an imaginary phone to his ear.
Another call from Headquarters Marine Corps. I took notes, said, “Got it.” and hung up. I had stopped saying
“Thank You” long ago.
Jolly, “Where?”
Me, “Eastern Shore of Maryland. The father is a retired Chief Petty Officer. His brother will accompany the
body back from Vietnam…”
Jolly shook his head slowly, straightened, and then said, “This time of day, it’ll take three hours to get there and
back. I’ll call the Naval Air Station and borrow a helicopter. And I’ll have Captain Tolliver get one of his men to
meet you and drive you to the Chief’s home.”
He did, and 40 minutes later, I was knocking on the father’s door. He opened the door, looked at me, then
looked at the Marine standing at parade rest beside the car, and asked, “Which one of my boys was it, Colonel?”
I stayed a couple of hours, gave him all the information, my office and home phone number and told him to call
me, anytime.
He called me that evening about 2300 (11:00PM). “I’ve gone through my boy’s papers and found his will. He
asked to be buried at sea. Can you make that happen?” I said, “Yes I can, Chief. I can and I will.”
My wife who had been listening said, “Can you do that?” I told her, “I have no idea. But I’m going to break my
ass trying.”
I called Lieutenant General Alpha Bowser, Commanding General, Fleet Marine Force Atlantic, at home about
2330, explained the situation, and asked, “General, can you get me a quick appointment with the Admiral at
Atlantic Fleet Headquarters?” General Bowser said,” George, you be there tomorrow at 0900. He will see you.
I was and the Admiral did. He said coldly, “How can the Navy help the Marine Corps, Colonel.” I told him the story.
He turned to his Chief of Staff and said, “Which is the sharpest destroyer in port?” The Chief of Staff responded
with a name.
The Admiral called the ship, “Captain, you’re going to do a burial at sea. You’ll report to a Marine Lieutenant Colonel Goodson until this mission is completed…”
He hung up, looked at me, and said, “The next time you need a ship, Colonel, call me. You don’t have to sic Al Bowser
on my ass.” I responded, “Aye Aye, Sir” and got the h-ll out of his office.
I went to the ship and met with the Captain, Executive Officer, and the Senior Chief. Sergeant Jolly and I trained the
ship’s crew for four days. Then Jolly raised a question none of us had thought of. He said, “These government
caskets are air tight. How do we keep it from floating?”
All the high priced help including me sat there looking dumb. Then the Senior Chief stood and said, “Come on Jolly.
I know a bar where the retired guys from World War II hang out.”
They returned a couple of hours later, slightly the worst for wear, and said, “It’s simple; we cut four 12″ holes in the
outer shell of the casket on each side and insert 300 lbs of lead in the foot end of the casket. We can handle that, no sweat.”
The day arrived. The ship and the sailors looked razor sharp. General Bowser, the Admiral, a US Senator, and a
Navy Band were on board. The sealed casket was brought aboard and taken below for modification. The ship got
underway to the 12-fathom depth.
The sun was hot. The ocean flat. The casket was brought aft and placed on a catafalque. The Chaplin spoke. The
volleys were fired. The flag was removed, folded, and I gave it to the father. The band played “Eternal Father Strong
to Save.” The casket was raised slightly at the head and it slid into the sea.
The heavy casket plunged straight down about six feet. The incoming water collided with the air pockets in the outer shell. The casket stopped abruptly, rose straight out of the water about three feet, stopped, and slowly slipped back into the sea. The air bubbles rising from the sinking casket sparkled in the in the sunlight as the casket disappeared from sight forever….
The next morning I called a personal friend, Lieutenant General Oscar Peatross, at Headquarters Marine Corps and said, “General, get me out of here. I can’t take this anymore.” I was transferred two weeks later.
I was a good Marine but, after 17 years, I had seen too much death and too much suffering. I was used up.
Vacating the house, my family and I drove to the office in a two-car convoy. I said my goodbyes. Sergeant Jolly walked
out with me. He waved at my family, looked at me with tears in his eyes, came to attention, saluted, and said, “Well Done,
Colonel. Well Done.”
I felt as if I had received the Medal of Honor!
A veteran is someone who, at one point, wrote a blank check made payable to ‘The United States of America’ for an
amount of ‘up to and including their life.’
That is Honor, and there are way too many people in this country who no longer understand it. ”
———————
Posted in Bob Frank-2011, 2011 Campaign, Veterans Affairs, Truth Squad, SCA Board | Print | No Comments »
Who Tells The Truth?
March 20, 2011 by kayfrank.
David’s Anthem Journal said (in part) today:
“I am certainly not going to support a candidate who charged my wife with criminal acts before she was completely exonerated and who then was himself arrested and charged with filing a false police report.”
Posted by: David Berman | March 13, 2011 at 05:05 PM
Truth: Past Board President Roz Berman and Secretary Roger Cooper and other Board members have NOT been “completely exonerated” from wrong-doing concerning the 2007 SCA income tax disaster.
And, our disgraced “suspended attorney and self-acknowledged forger of a judge’s signature on tax records” has once again lied by writing “charged my wife with criminal acts”.
Bob Frank and Tim Stebbins only filed a well-researched, and thoroughly-documented report of suspected forgery in a possible violation of Nevada Revised Statutes 205. They only asked the Henderson Police Department to investigate their suspicions–as required of citizens when financial wrong-doing concerning other people’s money seems apparent. Even a suspended attorney knows that only the District Attorney can file “charges” on such a possible felony offense.
Truth: The IRS Audit Report notifying the SCA Board it owed $1.345 Million in back income taxes and penalties for 2007 has shown that Tim Stebbins and Bob Frank did NOT knowingly file a false police report.
So, the slow process of the City’s justice system seems certain to eventually “completely exonerate” Stebbins and Frank. And, once again the questions will be: were there State or Federal criminal violations involved with SCA’s 2007 incorrect Income Tax filings? And, who is responsible for the apparent mishandling of millions of dollars of surplus funds that were (falsely) claimed to have been “returned” to members?
The Board members and professional advisers who appear to have made, or went along with making false statements to the Henderson Police Department will be the ones found in the harsh glare of extensive law enforcement investigations and possible District Attorney charges in the future.
Truth: 2008 SCA Board President Roz Berman and directors Shirley Cheri, Roger Cooper, Mike Dixon and Carl Weinstein had the perfect opportunity in June 2008 to avoid all of the millions of income taxes and penalties as reflected in the following document.
SCA Board Rejects Opportunity in June 2008 to Avoid Income Tax Fiasco
Note that this opportunity to resolve the dispute on whether the income tax filings were correct or not was in June 2008. This was 4 months BEFORE the fateful 2007 Income Tax Return that contained apparently false statements.
This is only one of dozens of items of evidence that caused Tim Stebbins and Bob Frank to ask for law enforcement assistance on this matter involving many millions of dollars of SCA funds.
In other words, it is perfectly CLEAR that Tim Stebbins and Bob Frank have always been telling the whole truth, and nothing but the truth!
It also seems perfectly clear that current directors (Jack Troia, Roz Berman, Ann Small, Dan Forgeron, John Waterhouse, Celeste Bove and Jerry Gardberg) have viable options available to allow them to terminate the waste and abuse of SCA funds. But, they seem determined to condemn themselves to share the guilt of past directors and auditor while they help cover up the obvious income tax return mistakes.
Since Troia, Berman and Forgeron would have to recuse themselves (due to irreconcilable conflicts of interest on the tax issues) the remaining four directors could easily stop the madness.
That 4-member board majority could call an emergency board meeting and vote to hire their own 3rd party negotiator (with no conflicts of interest with the board, auditor, attorney or developers) to cut our losses to the bare minimum.
Will you join me in writing and asking for that alternate, smart course of action?
Kay Frank
Posted in Bob Frank-2011, 2011 Campaign, kay_frank, Truth Squad, SCA Board | Print | No Comments »
Responding To Tax Questions on AnthemToday Blog
March 19, 2011 by bobfrank.
There are a number of significant statements and questions posting on AnthemToday at this link:
http://www.anthemtoday.com/forum/viewtopic.php?f=2&t=2641
Here are my comments for Bob Miller and Nelson Orth: If the board was sincere about trying to avoid paying the $1.345 Million in income taxes, what would the odds of success be for the two following strategies?
1. The board’s current plan to pay previously involved “experts” to prove the IRS Revenue Agent is wrong,
versus
2. Admitting the error, refunding the $4+ Millions of accumulated surpluses to residents, asking for relief of paying taxes on the returned surpluses on behalf of our senior citizen owners, and offering to pay a modest penalty of $50,000 for the mistake and inconvenience to IRS.
Since no public evidence or court settlement exists showing that any corporation has defeated the IRS on Revenue Ruling 70-604 income exemption issue during its 40 years of existence, would you agree that option 2 has at least a thousand times better chance of success?
So, whose money is being wasted on the board’s losing bet, and why are they wanting to try to bully the IRS?
What should the penalties be for directors who agree to follow such apparent gross negligence?
Posted in Bob Frank-2011, 2011 Campaign, SCA Board | Print | No Comments »
Response to Braveheart’s 17Mar11 Question
March 19, 2011 by bobfrank.
“Braveheart” (R. B. Inglefield) said on Anthem Today on 17Mar11:
If I ask a question of the entire board, I would ask the president the question. If I want to ask a specific board member a question, it’s because I want to know how they feel as an individual on the question I asked them. In my opinion, we’ve suffered enough BOD “group speak” to last a lifetime. It’s time for SCA to enjoy the luxury of a BOD made up of individuals who vote their conscience, not the party line.
Response to Braveheart: I would like to concur with Braveheart that member questions to a director should be answered by the director.
While a director is obligated to research his/her opinion before sending it to ensure it fairly complies with the official policies or relevant rules, informal questions and answers among members and directors should be a routine matter.
All other directors should usually be cc: copied on the exchanges to allow other directors to comment if they wish. And, summaries of the appropriate exchanges could or should be posted on the SCA website under a “frequently asked questions” section.
If a director has previously disagreed on some policy or financial matter, and lost to the board majority, the director can say so, and inform the member of the rationale used by the majority to make their decision, and of the reasons why he/she could not agree.
It is unwise to want all directors to hide behind ego-based confidentiality when members are usually just wanting to know the truth about an issue.
If a member has identified something that should be placed on the board meeting or a committee meeting agenda for consideration of a change in policy or the budget, the director is obligated to follow through and see that it gets onto the proper agenda and honestly addressed.
Again, I believe Braveheart is correct. His question can provide an opportunity to encourage other candidates to comment. We can see that SCA’s environment has been poisoned by undesirable “group-think” behavior.
We need to elect directors who have the expertise, ethics and self-confidence to deal with members and each other in respectful, honest and compassionate ways.
Posted in Bob Frank-2011, 2011 Campaign, SCA Board | Print | No Comments »
Norm McCullough’s 19Mar11 Questions
March 19, 2011 by bobfrank.
I can fully understand why you refuse to use one of the local BLOGs to promote your candidacy for the coming election, but today I noticed your name is mentioned in a new editorial on his BLOG. The BLOG owner said this of all the other candidates; “Rather than living in the past, they are pledged to address current problems but are primarily looking toward the future in terms of what they are hoping to accomplish.“
I’m not aware of ANY pledge that has been made by ANY candidate to ignore the past illegal secret meetings, or the past financial misconduct that has plagued our community (To use your words). It’s been said that those who ignore the mistakes of the past are doomed to repeat them.
Will you pledge NOT to ignore the mistakes of the past, such as our Federal Income tax debacle, and the growing numbers of residents who have been fined and threatened by our current Law Firm?
My Responses to Norm McCullough:
It will be interesting to see if the candidates promoted on David’s Anthem Journal blog confirm that they ENDORSE the old Unity Mantra of “Rather than living in the past, they are pledged to address current problems but are primarily looking toward the future in terms of what they are hoping to accomplish.”
I doubt any of the candidates will agree with David trying to deceptively slip the discredited unity slogan into their campaigns. But, we should watch to see which ones openly reject it–as I do.
This action by David’s Journal shows that while the widely discredited Unity Party machine is working in stealth mode, it is clearly involved again this year, and some candidates may have made secret deals in return for unity support.
Of course, no competent board candidate could “live in the past” or only “hope” to accomplish something as a SCA director as claimed by David’s Journal. As George Santayana said in 1905, “Those who cannot remember the past are condemned to repeat it.”
The Unity Party political machine tactic used by David’s Anthem Journal is a good example why I refuse to have anything to do with his blog. That site uses and/or abuses people while helping directors deceive the community about the board’s past financial misconduct.
Unfortunately for us unit owners, the past financial misconduct has involved many more millions than the initially reported $1.345 Million owed in back taxes and penalties. That is just the tip of the iceberg.
Open financial issues always exist in multi-million-dollar corporations. They can not be effectively resolved in the future without fully understanding the past circumstances. If someone claims they will only look forward if elected, they should NOT be trusted to manage our money.
And, I believe that members should not allow a candidate to get away with promising to wait to “look into things AFTER they are elected.” There is plenty of time now to formulate valid opinions and make unambiguous commitments on the key issues facing our community. While serving as a director, one rarely gets more than a few days to research the background and formulate an opinion on a board agenda item.
And, despite the deceptive tactic used by most directors, the basic facts concerning SCA’s key policies and prior board decisions are NOT protected by any type of legitimate confidentiality.
Finally, if SCA members would like to stimulate some interesting discussions on the blogs, club forums, or at coffees, encourage candidates to explain why they agree with, disagree with, or prefer to restate my top 10 pledges (listed below).
While these pledges are not the only issues of high concern to our members, they could be used to form an initial framework of long-term policies for the 2011 Board to create the good governance practices that SCA members thought they were going to receive when they purchased their retirement homes.
1. Strictly comply with Nevada Statutes & SCA governing rules
2. Return surplus dues immediately to members to avoid income taxes
3. Honestly implement open & respectful communications with members
4. Fairly enforce community rules and quickly resolve member disputes
5. Ensure dues are cut to the minimum while maintaining quality facilities
6. Replace auditor & attorneys with ones not having conflicts of interest
7. Cut the costs of the community management contract
8. Improve our lifestyle with respectful treatment of all members
9. Require the restaurant facilities to operate on a break-even basis
10. Sponsor monthly surveys via Spirit mailings on member concerns
In addition, I hereby pledge to do everything in my power to stop the board
practice of improperly & illegally conducting unqualified secret board meetings.
Posted in Bob Frank-2011, 2011 Campaign, SCA Board | Print | No Comments »
Comments On Weinstein’s 18Mar11 Statement
March 19, 2011 by bobfrank.
Carl said at this link: http://www.anthemtoday.com/forum/viewtopic.php?f=9&t=2648&p=5091#p4961,
“I still believe that fliers should be distributed to all three centers. The value exceeds the risk!”
Carl is right. There can be no valid excuse by the Board or Election Committee to prohibit candidate information sheets being placed in all three centers. Imagine Election Committee Chair Mary Bruner’s thinking when she requires members to visit the Anthem Center to obtain candidate information because otherwise it inconveniences RMI and the EC.
This kind of unreasonable ruling is symptomatic of other arbitrary, unfair and improper Election Committee dictates. This and other EC policies clearly violate the rights of both SCA members and candidates. For example, Nevada Law NRS116.31034.12 says:
An association shall not adopt any rule or regulation that has the effect of prohibiting or unreasonably interfering with a candidate in the candidate’s campaign for election as a member of the executive board, except that the candidate’s campaign may be limited to 90 days before the date that ballots are required to be returned to the association.
But, it is up to the membership to demand respectful treatment by EC Chair Mary Bruner, RMI and the Directors. The candidates have little authority unless or until elected. If those who normally use the Independence Center and Liberty Center do not care if they are disadvantaged, then nothing will change.
Posted in Bob Frank-2011, 2011 Campaign, SCA Board | Print | No Comments »
Dick Arendt 18Mar11 Questions
March 19, 2011 by bobfrank.
There will be three remaining existing board members following this election, one of which, will be our current treasurer, DAN FORGERON.
Rumor has it that he has been “groomed’ to replace Jack Troia as the next president of our association. Mr. Forgeron was a member of the Finance Committee that unanimously approved the IRS 2007 IRS filing that resulted in our current audit whereby we have been assessed $1,345,000 in back federal income taxes, penalties, and interest.
In addition it has been VERIFIED that he, along with fellow directors Jack Troia & Roz Berman, WITHHELD integral background information from other board members, prior to voting acceptance of Audra Tubin for our restaurant ownership:
IF ELECTED to our board, and if Mr. Forgeron expresses interest in the presidency, WOULD YOU SUPPORT DAN FORGERON to be president of our association?
My Responses to Dick’s 18Mar11 Questions:
No. I do not see how anyone could support Mr. Forgeron for any board officer position. In fact, it is hard to envision how he can complete his 2011 term considering the very long list of serious mistakes in judgment he has amassed since his Finance Committee days in 2008.
I will leave up to others to list all of the many reasons why Dan Forgeron should not continue to be a board officer. Our main focus for now could be his personal roles since 2008 leading up to the $1.345 Million tax bill for 2007 and likely additional taxes and penalties for subsequent years.
The attached letters show that even as late as November 2009 he knew the board had failed to comply with Federal Tax Rules. But, as Treasurer and as a Director/leader on tax matters, he failed to act properly. Had he acted before the IRS Revenue Agent had arrived, we probably could have avoided the current fiasco.
With such clear evidence of his inability to be trusted, it is hard to understand how anyone would allow him to continue to have any authority over our community properties and finances.
Posted in Bob Frank-2011, 2011 Campaign, SCA Board | Print | No Comments »
