David's Anthem Journal

Welcome, Readers

Welcome to the Anthem Journal, a blog established by David Berman to provide Sun City Anthem residents with an independent, literate, responsible channel for sharing timely news and information about SCA and the immediate world around us. Here you can post your own comments and questions, and you are free to express your (respectful) opinions, whether you agree or disagree with what I or other readers have to say on a subject. If you like the Anthem Journal, consider using the box in the left sidebar to become a subscriber, which will allow you to receive e-mail notices when I've posted new content on the blog. Note: By subscribing to the Anthem Journal, you are agreeing to receive political content and understand that the blog will be used by its owner to express SCA-related political opinions from time to time. (Note: All posts by David to David's Anthem Journal are copyrighted (c) by David Berman and may not be used, in whole or in part, without his permission, except for material quoted from other sources)

Our New City Councilor: Debra March

At a special meeting of the Henderson City Council on July 8, the Council appointed Debra March as the new Councilor for Ward II, which includes Sun City Anthem.

March prevailed after ballots were cast by the three sitting councilmen and Mayor Andy Hafen.

The selection came after each of the 14 candidates for the seat stood facing the Council at a microphone and were given up to five minutes to state their qualifications and reasons for seeking the position.

Though several of the applicants –but not all- gave impressive presentations, March was the clear leader in my own ranking of the candidates after hearing them speak, a consensus shared by many of the audience members sitting near me before the selection was made. She is a Sun City Anthem neighbor, residing in Seven Hills.

Debra March brings impressive qualifications to the job. By her own description, her specialties include: economic development; redevelopment; community planning; workforce and affordable housing; business development; and sustainability.

She is a past Las Vegas Economic Development Marketing Director, and was City of Henderson Planning Commissioner for six years until 2008.

Councilor March is currently Executive Director of UNLV’s Lied Institute for Real Estate Studies, a position she has held for the past 13 years. In this post she is responsible for the programs and activities of the internationally recognized real-estate institute housed in the College of Business.

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Reporter’s Notes: The process followed by the City Council in choosing its new colleague was professional and efficient. After each candidate spoke and several responded to questions from the Council members, each councilor and Mayor Hafen completed a ballot listing his/her top two candidates in no particular order. Six names appeared on the combined lists, and these six were then each assigned a number representing the preference of the selectors. Debra March was the clear winner, receiving 16 points, while the two next-closest candidates received 11 points.

Two SCA residents were among the applicants. Favil West received one vote on the first pass, making him one of the six who went to stage two of the process. Though not on the final list, Richard Miller gave a cohesive, well-structured presentation that caused me to rank him fourth among the 14 candidates. Both of these gentlemen were good representatives for Sun City Anthem.

One of the applicants was especially puzzling to me. I doubt that he won anyone over by appearing in in casual slacks with an untucked shirt. After listing some extensive civic involvements in California, he was asked what he has done for community service in Henderson. His reply was that each June he participates in a program to teach children to fish. When asked if he has any other community-service credits on his local resume, he replied, “No.”

A Conversation With the Trumpets Partners

Reporter’s Note: The reopening of Trumpets within weeks made a major advance Tuesday evening (July 7) with the Henderson City Council consent-agenda approval of the business license for Tirzo’s Bistro & Catering. There are still some remaining approvals to be obtained, but the process seems to be going smoothly.

Now that the Trumpets lease has been signed by all parties, I felt it was time to do what some of the critics seem unable or unwilling to do, which was to sit down with the Trumpets partners, Tirzo Hernandez and Daniel Kamer, to learn about their general plans and to ask direct questions about concerns that have been raised in the community, particularly fears that the lease will allow the operators to bring gambling into Trumpets without the approval of the Association.

A summary of our discussion follows.

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When Trumpets reopens for business, patrons will immediately notice that Hernandez and Kamer are personable, enthusiastic and eager to please our residents. “We see this as a partnership between us and the community in every way imaginable,” Kamer stressed. “You will see both of us constantly engaged with our guests, asking them if they are satisfied and seeking their comments and suggestions. We will make extensive use of comment cards, and we will ask them to tell us what it takes to keep them coming back.”

The two showed me a draft of the expansive menu they are working on for their opening weeks. Kamer said he hopes to have a copy of the menu available for residents to see in the next week or so. “The reason the menu is so broad,” Hernandez said, “is that we want our guests to have the widest possible range of dishes to try, and then we may be able to shorten the menu after guests tell us through the dishes they order which items they most prefer. We will also offer many specials and themed dining events beyond what’s on the menu”

Kamer has a great deal of expertise in the field of information technology. “We plan to have our own website for the restaurant,” he told me, “and we also want to build a mailing list in order to keep our customers informed about menu changes, special events, and other developments of interest.”

While the two have specific plans for a semi-gourmet Sunday brunch, Hernandez said he would probably delay introduction of the brunch for several weeks after opening in order to be assured that normal restaurant operations are going smoothly. And breakfast will not be offered in the beginning so that the restaurant can be well-established first with its lunch and dinner offerings.

Hernandez said he has already ordered his menu covers, and he described a sophisticated point-of-service register system that will be going in. He has asked a friend in the entertainment business to serve as his entertainment director to arrange for live music to be brought back on selected days and times.

Finally, I asked Daniel Kamer point-blank about his position on gambling in Trumpets. “Gaming is the last thing on our minds,” he said. “We will have enough challenges just operating a successful restaurant and catering business. We know that a previous survey of your residents showed a substantial percentage opposed to gambling. We will not ask your Board to go against the wishes of the residents. As I said, we view this as a partnership with the community, and we will respect the wishes of the community”

 

A Celebration of Peace and Harmony

Town Hall Chat Wednesday Evening

Editor’s Note: I inadvertently omitted mention of the July 8 Town Hall Chat from this week’s preview of meetings and events. So rather than re-posting the preview with the additional information included, which many readers would miss seeing, I am featuring it in this dedicated post.

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The first Town Hall Chat was deemed a success by almost all who attended, attracting an audience equal in size to the audience for the June 25 Board of Directors meeting.

With one success under the belt, the second Town Hall Chat will be held as follows:

Date: Wednesday, July 8

Time: 6:30 to 8:00 p.m.

Place: Nelson/Penn Rooms, Independence Center

Board members Jack Troia and Shirley Cheri will be hosting this week’s chat.

The following topics will be addressed and will be open for questions and discussion:

• Purchasing
• Finances
• Budgets
• Investments

Other topics can be raised if time permits.

Coffee and a light dessert will be served.

Meetings & Events for Week of July 6

Here is a preview of some of the meetings and events that may interest SCA residents during the week of July 6, 2009. All listed meetings and events are open for anyone to attend.

 

 

 

Monday, July 6

The Plans & Processes Committee will meet at 2:00 p.m. in Anthem Center.

Tuesday, July 7

The Property & Grounds Committee will hold its regular monthly meeting at 10:00 a.m. in the Bristol Room at Anthem Center.

The Finance Committee will hold its regular monthly meeting 1:30 p.m. in the Arlington Room at Anthem Center.

For those interested in the status of the Trumpets permitting process, the business-license application of the designated Trumpets operator will come before the meeting of the Henderson City Council, at City Hall on Water Street, at 7:00 p.m. It is expected to be routinely approved, as the item appears as one of many on the consent agenda for this meeting.

Wednesday, July 8

Also at City Hall, the City Council will consider the applications of 16 citizens who have applied for appointment to the vacant Ward 2 Council seat resulting from the election of Andy Hafen as Mayor. The public meeting to consider the applications begins at 10: a.m. Two SCA residents, Richard Miller and Favil West, are among the applicants.

The Lifelong Learning Center will present Professor Joel Charon at 10:00 a.m. in the Delaware Room at Anthem Center. Professor Charon will speak on the subject: “Religion & Society: A Sociological View.”

A retired sociology professor and SCA resident, Charon is the primary founder of the Lifelong Learning Center and has presented several of its mini-classes.

Some of the questions to be explored in his presentation are: What is religion? What are its functions in society? What is its future?

Friday, July 10

The Lifestyle Committee will hold its regular monthly meeting at 9:00 a.m. in the Penn Room at Independence Center.

Happy Holiday!

 

Wishing all my readers a happy, healthy and safe Independence Day, 4th of July, 2009.

The image I’ve chosen this year seems especially appropriate, because the crown of the Statue of Liberty, closed to visitors since the terrorist attacks of September 11, 2001, will reopen on this day, July 4.

Guided by a National Park Service ranger, 10 people at a time will be allowed to climb the 168-step double-helix staircase to reach the crown.

It is fitting that this symbolic event occurs on the historic observance of our nation’s independence. Just as the Statue of Liberty commemorates the status of the United States as a beacon to generations of immigrants, the reopening of the crown also sends the the message that the light of freedom may sometimes flicker in many parts of the world, but it can never be extinguished as long as people hunger to be free.

 

 

Breaking News: Emergency Board Meeting Called For June 30

An emergency Board of Directors meeting has been called for Tuesday, June 30, 2009, at 1:30 p.m. in Freedom Hall.

The single New Business item appearing on the agenda, which is posted on the SCA community website, www.sac-hoa.org and presumably on the official bulletin board in the Anthem Center, reads as follows:

"Resolution Regarding Installation of Shutters and Related Materials in the Common Areas."

"Resolution detailing certain requirements prior to installation of shutters on common areas."

This meeting is most likely in response to the passage of Nevada Senate Bill 216, which reads, in part:

An association may not unreasonably restrict, prohibit or withhold approval for a unit's owner to add shutters to improve the security of a unit or to reduce costs of energy for the unit, including, without limitation, rolling shutters, that are attached to a portion of an interior or exterior window, interior or exterior door or interior or exterior wall which is not part of his unit and which is a common element or limited common element, ....

It would appear to this reporter that SB 216 should be of particular interest to owners of duplex (Villas) units.

 

 

Has the Board or its President Ever Been Sanctioned by the Ombudsman’s Office? The Answer is NO.

One of the claims made about the SCA Board of Directors and particularly Board President Roz Berman during the past Board election, and since that time, is that Roz and/or the Board have repeatedly run afoul of the Nevada homeowners association statute and have been “sanctioned” for their allegedly nefarious deeds or omissions.

One way to create the appearance of such misbehavior is to set up a straw man by filing complaints with the Nevada Real Estate Division’s Ombudsman’s office and then relying on the fact that complaints were filed to allege that the targets of the complaints are under “multiple investigations.”

As Community Manager Caren Carrero explained in her monthly report at the June 25th Board meeting, “NRS 116.765 Section 5 reads that ‘If, after investigation of the alleged violation, the Division determines that the allegations in the affidavits are not frivolous, false or fraudulent and that good cause exists to proceed with a hearing on the alleged violation, the Administrator shall file a formal complaint with the Commission and schedule a hearing on the complaint before the Commission or a hearing panel.’”

Carrero then noted the following: “Sun City Anthem has never had a hearing before the Commission (Commission for Common Interest Communities) or a hearing panel on complaints filed with the Division.”

In other words, no complaint has risen to the level of requiring such a hearing, and no sanctions against the Board or any Board member have been issued in the 2007-2009 period covered by Carrero’s report.

One legal definition of “sanction” is: “That part of a law which inflicts a penalty for its violation.” Another definition: “A penalty, or some coercive measure, intended to ensure compliance.”

The Ombudsman’s office HAS issued several “Letters of Instruction” in response to a small number of the many complaints that have been filed against the SCA Board or individual Board members. A Letter of Instruction is not a sanction and does not impose any penalties, but merely advises a Board of unacceptable practices or procedures and directs the Board or Board members to not engage in them. It is clearly in the nature of a slap on the wrist. It serves as guidance, and is not a sanction. It is educational and does not threaten penalties because the expectation is that the recipient(s) of the letter will comply with the guidance it contains.

There may be some in the community who dispute the statement of Community Manager Carrero that no official hearings have been held, but those folks may be confusing “hearings” with “mediation sessions.” Unless a complaint -usually in the form of an Ombudsman Intervention Affidavit- is dismissed as having no merit, the Ombudsman will invite the parties to attend a mediation meeting in an effort to arrive at a compromise or resolve their differences. These mediation sessions are completely voluntary and there is no penalty for refusing to participate in a mediation. But a mediation is NOT a hearing on the merits, serving only as a conciliatory effort to bring the parties together. If the mediation offer is refused or the mediation fails, the matter goes on for investigation.

Starting in 2007 until now, according to Carrero, 34 complaints against the Association have been filed with the Ombudsman’s office. Of these, 22 were closed with a finding that there was no NRS 116 violation, and an additional 3 were withdrawn by the complainant after filing. So 25 of the 34, amounting to more than 73 percent of the claims filed, were dismissed or withdrawn.

Of the 9 remaining complaints, 4 are still open and 5 resulted in a letter of instruction. Repeat: NO complaints have resulted in sanctions.

Carrero’s report, while not mentioning names, made it clear that a very small number of members are keeping staff busy with a disproportionate number of letters and document requests. This year alone, Carrero reported, 88 percent of the 78 document requests to date have come from 5 specific residents.

Even more strikingly, 99 percent of the letters, or 71 out of 72, have come from the same 5 residents.

Carrero also reported that the 78 document requests received through nearly the first 6 months of 2009 already exceed the number of requests for the entire year of 2008.

While no one disputes the legal right of members to request documents, it must be noted that most of our historical documents are stored off-site for safety and space reasons, and there can be considerable costs involved in bringing back voluminous quantities of documents.

Board President's June Report

Here is the June, 2009 report of Board of Directors President Roz Berman, which she delivered at the June 25 Board meeting. This report discusses: Liberty Center status; S&D Cafe Lawsuit; Anthem loop traffic status; Town Hall chats; Coyotes. 

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Pulte provided a Liberty Center status report for the month of June. Structural framing for solar thermal and photovoltaic arrays on the roof is near completion. Site subgrade preparation is underway for curbs and parking lot. Light pole bases will be complete late June. Mechanical ductwork and sprinkler piping is being installed throughout the building. Interior wall perimeter framing is ongoing. Exterior building canopies are being framed. Coordination between mechanical, electrical and photovoltaic trades for installation of components to monitor utilities on the Building Dashboard is ongoing. Electrical rough-in has started for light fixtures, speakers, switches, outlets, and other equipment. Site security is increasing due to the number of trades and amount of material on site. The construction project remains targeted for completion by the 4^thquarter of 2009. Once all construction is completed and Pulte turns the building over to SCA for occupancy, then SCA will begin the process for acceptance and the project to prepare the building for occupancy and an opening. This process may take at least one to two months.

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At the May 28 Executive Session, the Board approved that Attorney Sean Anderson, of Leach, Johnson, Song & Gruchow will continue as co-counsel through the trial on the S&D Café lawsuit.

An Order to continue the S&D Café lawsuit trial was made at the request of Del Webb’s counsel because the trial would likely conflict with on ongoing case Del Webb’s counsel is trying before a different judge. The judge for the S&D Café lawsuit issued an Order on June 9 to continue the trial to a five week stack of cases commencing September 8, 2009 rather than June 29, 2009.

Our lawyers filed a motion for reconsideration of the Summary Judgment seeking to dismiss the Plaintiff’s Complaint for its continuing failure to produce sufficient and competent evidence of its damages. The motion for reconsideration was heard before the Judge on June 18. The judge again denied the motion.

A motion in limine has been prepared by the Hall Jaffe Clayton firm (our insurance-appointed lawyers) to bar any attempt by plaintiff to introduce material that the judge already ordered could not be produced or relied upon by the plaintiff.  Our lawyers decided to make this motion to ensure that there will be no attempt to slip in documents that were not part of the original 15 boxes of documents that plaintiff was permitted to introduce.

Sun City's insurer, CNA, has asked our lawyers to explore the possibility of settlement with plaintiff's counsel. Our lawyers received an Offer of Judgment from plaintiff on June 18. The offer remains in effect until July 6, 2009.

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At the May 28 Executive Session, a motion was passed to grant a payment plan with no waivers; a motion was passed to reduce fines for an Age and Occupancy violation; and a motion was passed to have staff complete the gathering of information on apparent violations related to rented and leased property identified in the recent survey responses and notify all survey responders who are renting their units that they must provide required information.

At the June 11 Executive Session, a motion was passed to deny a requested payment plan with no waivers and to grant an alternate payment plan. The Board also discussed with legal counsel and took action on potential litigation alleged in letters from residents.

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Alyssa Reynolds of the Henderson Traffic Services Department provided a status report regarding the recommendations related to the study of the Anthem loop road. Del Webb and the Valley Crest landscaping company forwarded a plan for replanting some of the median locations with low growing ground cover.  Following the City’s review, these changes should be made in the near future. Periodic enforcement is still occurring on the loop road. Data collection at the intersections is complete.  The Traffic Services Department is currently processing the data, and will be meeting with Pulte and their engineer next week to discuss intersection control options. The Traffic Services Department anticipates presenting their final recommendations to City Council sometime this summer.

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Last Thursday night's Town Chat with just two Board members, Jack Troia and John Waterhouse, was very well received by the attendees at the session.  About 55 residents attended.  The session was focused on discussing five topics that relate to John and Jack’s respective Board responsibilities noted on the Board responsibilities chart. A little time was also left for open mike discussion. 

The Board will continue to build on this positive experience for the community.  The near term plan is to have a Town Chat about every three weeks and to have each of them be at 6:30 pm in the Penn or Nelson Room at Independence Center.  This direction supports the motion that was passed by the Board at the May 28 Board meeting.  At each session Vice President Jack Troia will continue to partner with one other Board member and the focus will be on the respective Board member’s responsibilities noted on the Board responsibilities chart. The plan for October 1 is to have an open mike session with all Board members. This particular session will be duly noticed so all Board members may be there.  In July there will be two Town Chat sessions. There will be one July 8 with Treasurer Shirley Cheri and another one July 30 with Secretary Roger Cooper. Shirley’s session will focus on the topics of purchasing, finances, budgets, and investments.  Roger’s session will focus on the topics of Trumpets restaurant and catering, Liberty Center, ARC Committee and Covenants Committee.

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The Board has not discussed at any Board meeting nor made any decisions regarding concerns related to coyotes in the community and possible remedies, such as removal in specific problem areas. The Board did bring in a representative from the U.S. Department of Agriculture at a Town Hall meeting in April of this year to give residents tips on dealing with the coyote population in our neighborhoods.

Roz Berman

Board President

“Anthem Alive” for Week of June 22

Here is a preview of the interesting programming featured in this week's edition of the video news magazine "Anthem Alive,"presented on our own television channel, Cox Cable Channel 99. "Anthem Alive" can be viewed on Channel 99 at three-hour intervals around the clock: noon, 3 pm, 6 pm, etc. It can also be seen over the Internet at www.suncityanthem99.com, via our community web site at www.sca-hoa.org, and by podcast on iTunes.

This week’s program is co-hosted by Connie Gallatin and Chuck Simmons, both well known for their contributions to the vibrancy of Sun City Anthem

 

 

 

The program opens with an interview of Attorney Bob Massi by Bill Campbell. Massi, a prominent attorney and television commentator with a national reputation, spoke recently at a well-attended meeting of the SCA Financial Club. Among other subjects, reporter Campbell talks with Massi about the current difficult economic climate and its implications for seniors.

 

We can always count on Channel 99’s Marie D’Angelo to give us a look at the seasonal displays in the Bellagio conservatory, and the current summer festival-themed display is clearly one of the best and most creative ever. In the photo at left, Marie stands beside the display’s 40-foot-high Ferris wheel, and there’s much more to see in this video essay.

 

 

The year 2006 marked the 50th anniversary of the Clark County School District. After the year-long observance was over, the many photos and items of memorabilia could have easily been disposed of, but instead writer-editor Jami Carpenter was commissioned to put together a book titled Education in the Neon Shadow. Reporter Jackie McRitchie interviews Carpenter, and in the course of their conversation we learn that the two were English-teacher colleagues in Clark County many years ago.

 

 

The weekly installments of the Internet Funnies are being received very well. This week’s edition will appeal especially to those viewers who like to fish, and it’s hilarious to see how, once in a while, the fish wins.

 

Activities Manager Greg Dreyer is back with his latest preview of upcoming events to thrill and amaze our residents ….and that’s just this week’s Board of Directors meeting! This photo shows a barbershop quartet to be featured in the City of Lights Chorus show, “Let Freedom Sing,” in Freedom Hall. Can you recognize anyone in the photo. Also, do you know who directs the City of Lights chorus? Watch carefully, for you will be tested.

The Buffet Boys, John Waterhouse and Carl Weinstein, are back at it, this time reviewing the Studio B Buffet at the M Resort. Did they like this buffet? Did Carl give it more than a one-fork rating? Tune in to find out. Warning: You can get agita just from listening to John describe the prodigious quantities of food he eats.

 

Lee Weiss has appeared previously on “Anthem Alive.” He is local chapter president of the Foundation Fighting Blindness. In this short segment, Weiss presents a few details about a June 27 seminar, not at SCA, to present information about some of the latest developments related to the treatment various eye diseases. This segment includes contact information if you are a low-vision or blind resident who needs transportation to and from the seminar.

 

 

Film critic Pat Rogers reviews the new flick Next Day Air. I’m not sure why Pat chose this film to review, especially after seeing her pan it roundly for its rough language and cultural themes that in general would not resonate with most of our community.

 

 

Dianne Davis returns to offer one of her Deals and Doings features, tipping you off to some entertainment options that might appeal to you.

 

 

 

Chef Stu Schweit is back in Chef Stu’s Kitchen, showing us how to whip up a quick, light, delicious summer dessert.

 

 

In her Fitness Tip of the Week feature last time, Fitness Manager Meg Poulson discussed issues that can cause us to lose concentration, especially significant as we age. Meg follows up this week with specific tips to help us with concentration.

 

Resident Philosopher Lois Krashin concludes this week’s program with some humorous comments by second-graders about their moms.

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