September 26, 2011 by kayfrank.

A Review Journal article dated September 25, 2011 reports that famous Southwest Defense Attorney Cal Potter recently won yet another large financial judgement for police abuse by Clark County law enforcement officials.

You probably are thinking, so what?

Well,  Defense Attorney Cal Potter is a legend in this Southwestern area for his many decades of winning large settlements and law suits from government agencies (and particularly from police departments) for abuse of authority and other law violations. 

Mr. Potter is the attorney of choice for attorneys, business owners and citizens who are wrongfully exploited by local, state and federal government officials.

You might still be thinking, so what?

Well, it happens that Mr. Cal Potter is the attorney representing my husband, Bob Frank, against Henderson’s unjustified criminal arrest for allegedly filing a willfully false police report against certain Sun City Anthem board members for failing to comply with NV forgery law and federal income tax laws. 

And, no one can recall the last time, if ever, that Henderson had filed such a criminal arrest warrant against ANYONE–much less against an honorable, retired Air Force Colonel with a perfect lifetime record of honor and service to this Nation.

Even after Henderson received hard evidence last year of my husband’s innocence when the Internal Revenue Service Audit of the Sun City Anthem Board’s 2007 tax return proved his allegations were true, the City has steadfastly refused to dismiss the false charges and delayed going to trial.

But, after almost a year and a half of delays, that bogus misdemeanor case is finally going before a special judge on October 27, 2011. 

Meanwhile, the legal expenses have piled up for such a high profile attorney.  And, Henderson City officials have recused themselves and contracted with a special prosecutor and special judge.   It was discovered that most of the Henderson City leadership had irreconcilable conflicts of interest with a Sun City Anthem Board Officer (a potential person of interest to the District Attorney) who had been a Henderson Assistant City Attorney and Judge Pro Tem for many years.  The whole matter smells to me like it could wind up being related to the FBI’s broader investigation into other NV HOA corruption.

If you are not familiar with this outrageous case of police abuse and political attacks against my husband, see these links for some details:

1.  http://www.scaview.org/my_first_website/welcome/2010/03/youre-under-arrest-board-politics-and-political-influence.html

2.  http://blog.anthemvoice.org/2011/05/01/false-arrest-case/

3.   http://www.anthemtoday.com/forum/viewtopic.php?f=8&t=2597#p4820

Kay Frank

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

June 23, 2011 by kayfrank.

(Revised)  Mr. David Berman appears to have made a really big mistake this time.

He commented about SCA’s apparent plan to go to tax court to appeal the IRS audit report:

“… I had significant exposure to this process during my years in the Exam
Division of the IRS, and if it comes to that, you and Mr. Johnson will be proven
wrong.  An appeal of an IRS decision through the Tax Court is simply not the
commencement of litigation or a “civil action.” It is a RESPONSE mechanism, not
that of a plaintiff commencing an action.”

Did David Berman not previously confirm he was convicted of forging a judge’s signature
on tax documents and lost his law license?  And, did he not previously claim to have gone
to work for the IRS as a low-level, UNIX minicomputer system administrator and trainer-
-but, not as an attorney?

If so, how could he now be claiming to have been working in the “Exam Division of the IRS”
as if he had been employed as a tax attorney?  It makes one wonder if he ever disclosed to
the IRS that he was suspended from practicing law after admitting to being a forger?

As a former IRS Auditor, I had to go through extensive personal checks prior to employment.
I  doubt the IRS would have hired him or allowed him to continue being employed if it had
known about his forgery conviction.

It is also unlikely the IRS would have allowed him to participate in legal discussions or have
access to taxpayer records if he had disclosed his forgery record.  And, why would the IRS have
allowed a self-acknowledged/convicted forger and disgraced/suspended attorney to have
access to private tax records for a decade before being allowed to retire?

When I worked for the IRS, any personal history data that was discovered to be missing or
deceptively  submitted could have resulted in termination and prosecution.

So, we need to ask, why should anyone believe anything this disgraced individual says?  Do
we believe he participated in tax law discussions while deceiving the IRS about his being a
forger and having lost his law license?  Or, did he fabricate a false and/or carefully deceptive
story?

———comments added on June 25, 2011———-

By the way, I believe Mr. Berman is dead wrong by saying “An appeal of an IRS decision
through the Tax Court is simply not the commencement of litigation or a “civil action.” 
The final ruling by the IRS appeal process is truly “final” from the IRS perspective.  

The United States Tax Court process is run by a totally different agency.  Going to US
Tax Court is a civil litigation action that NRS116 and our governing documents appear
to require unit owners to approve–in advance.   Ask any of our SCA retired IRS agent/
auditor members or a licensed tax authority for their opinions before accepting anything
that Mr. Berman is spinning.

In the meantime, many members believe that the board is obligated by law to fully inform
every unit owner via the “Spirit Magazine”, “Relay Newsletter” or by a special letter of the
full facts, costs of appeal, projected costs of ligation and projected “savings”.  

The board must also follow Generally Accepted Accounting Rules by establishing a special
reserve account in the 2012 budget in the event the Association has to pay the full costs of
losing the appeals and litigation actions and related court costs and lawyer fees. 

It seems obvious that the total costs of appealing the IRS audit report finding could far
exceed the initial amounts.  History shows that corporations who dare to challenge the IRS
through Tax Court have a disastrous track record (while the involved attorneys get wealthy).
For example, there is a notorious Canadian company that went to Tax Court with a $50
million liability, and emerged 10 years later with a Tax Court ruling of owing $500 Million!

Our members would be truly foolish to allow the board and its self-serving auditor and
attorneys to continue to follow the current path.   It is impossible for me to imagine a
favorable financial outcome for our unit owners.

Kay Frank

Posted in Truth Squad, kay_frank, SCA Board, Community Affairs, Operations, Laws & Rules, News! | Print | No Comments »

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 »

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 »

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 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 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 »

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 »