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  • #7368
    Nelson Orth
    Participant

    I have been tracking the status of the liquor license. To the best of my knowledge, it still remains in the City Attorney’s office. The normal process of when a liquor license is requested, it goes to the Business License Department (BLD). Once the BLD ensures that all of the paperwork is complete, it then goes to a select group of people in the Police Department. It then takes 6 to 8 weeks for this group to determine whether or not the license can be approved. It then goes to the Planning Commission for approval, and then to the City Council for final approval. It should be noted that at both the Planning Commission meeting and the City Council meeting, residents of the City of Henderson can speak on their inputs/opinions.

    I do not know why the liquor license request is being held in the City Attorney’s office, although I do have my opinion. Once I determine who signed the request, I will then have a better understanding of why the delay. I have a contact in the BLD, and once the request is posted on the COH website, we all can better understand the process.

    What is mystical to me is why the Western Hospitality Group is assisting the SCA Board of Directors. Why isn’t our lawyer involved?

    #7358
    Nelson Orth
    Participant

    Don’t forget the $10 to $15M (yes Million) commitment over ten years to Anthem Community Council. I will try to find out the plan of where that money is to be spent, but that may be difficult, if not impossible.

    #7330
    Nelson Orth
    Participant

    Mr. Stern,

    I have recently obtained two documents outlining the plans for the restaurants’s future. The first document is two pages titled, “General Restaurant Start-Up Consulting Agreement” signed by Paul Perlstein on May 10, 2022. It appears that this agreement becomes effect 90 days before the restaurant opens. The one sentence that caught my attention was “WHG (Western Hospitality Group) shall provide services at an hourly rate of $200.”

    The second document is 40 pages titled “Food And Beverage Management Services Agreement” signed by Paul Perlstein on May 10, 2022. It should be noted that a representative from WHG signed these two documents on May 23, 2022. It appears that this agreement begins when the restaurant opens. The one sentence in this document that caught my attention is on Page 11, “SCACAI will pay WHO $9,000.00 (“Basic Monthly Fee”) per month as compensation for WHO’s performance of its obligations pursuant to this Agreement”. This fee will increase by 3% each year beginning on January 1, 2024.

    I recommend that everyone who is interested in the future of this restaurant obtain a copy of these two documents. They can be obtained by filing the proper paper work from the front office, or I will be happy to let you copy my documents.

    #7239
    Nelson Orth
    Participant

    In these trying economic times for all of us, the SCA BOD has decided to increase our quarterly assessments by $32. That equates to an additional $914,432 for CY 2023. So why does this board need these additional dollars?

    There are two reasons. First is the approved $10 to $15M over a ten year period provided to the Anthem Community Council (ACC), by far the most corrupt external organization that SCA deals with. I cannot find or know of any documentation that ACC provides to SCA that explains or justifies the $633,000/year that we provide to ACC. That is in addition to the $10 to $15M listed above. I challenge anyone to attempt to ask ACC for any documentation on any subject. How about a copy of their federal income tax returns? Or where is the documentation on the rationale for the increase in our 2023 assessments?

    The second reason is the costs for the new restaurant. Keep in mind that the SCA BOD has admitted that for at least the first four years this restaurant will lose money, and we, the homeowners will be responsible for those losses.

    I just finished reading the two signed agreements between SCA and the Western Hospitality Group (WHG). The first agreement is two pages titled “General Restaurant Start-Up Consulting Agreement” dated May 23, 2022. The second agreement is 40 pages titled “Food and Beverage Management Services Agreement”, and it too is dated may 23, 2022. There are three items that caught my attention in this agreement.

    The first is on page 11. It states that “SCA will pay WHG $9,000 (Basic Monthly Fee) per month as compensation for WHG’s performance of its obligations pursuant to this agreement”.

    The second is on page 12. It states that “If the Restaurant generates an Annual Net Operating Income in excess of $48,000, SCACAI will pay WHO an annual incentive fee equal to fifty percent of the Annual Net Operating Income in excess of $48,000 (Annual Incentive Fee).

    The third is on page 14. It states that “SCACAI will be responsible for the funding of Payroll Costs”.

    The last item I would like to discuss is the liquor license. It is true that the SCA application for this liquor license is being reviewed by the Henderson City Attorney’s office. This is not the normal process. The normal process is for the application to go to the Business License Department, who forwards it to a group that vets the names of the applicant/s.

    This process normally takes 6 to 8 weeks to complete. If the vetting is satisfactory, then it goes to the Planning Commission for approval before the City Council makes the final decision. I suspect that the City Attorney is reviewing the application because there are few, if any, HOAs own their restaurant. I will be interested in seeing who the SCA BOD name/s are on this application.

    #7192
    Nelson Orth
    Participant

    Mr. Anderson:

    My first deployment to the Pacific was on the USS Yorktown (CVS-10). The “S” categorized the carrier as an Anti-Submarine Warfare carrier. We left in October 1962 and returned to San Diego in April 1963. My second deployment was on the USS Ticonderoga (CVA-14). The “A” categorizes this carrier as an Attack carrier. We deployed in April 1964 and returned in December 1964. We were delayed coming home due to the North Vietnamese attacking two US destroyers, the USS Turner Joy and USS Maddox, in early August 1964 in the Gulf of Tonkin. At the same time the USS Ticonderoga was also in the Gulf, and we made the first strike against North Vietnam in August. I was then assigned to NAS Pensacola as a flight instructor for three years. Then from 1968 to 1973 I was deployed to the Gulf of Tonkin on three different occasions. During those nine years I cannot ever remember reading where the USS Yorktown was deployed to the Gulf of Tonkin. And I certainly know that during my time in the Gulf, the USS Yorktown was never there.

    So, Mr. Anderson, I would appreciate it if you would provide me with the documentation you have that confirms that the USS Yorktown was deployed to the Gulf of Tonkin any time between August 1964 and April 1975.

     

    #7133
    Nelson Orth
    Participant

    There are a number of ways that the board can do to help the Villa owners. The first item that comes to my mind is to cancel the restaurant plan. Just by doing immediately saves the homeowners $300,000 which would be more than enough to assist the Villa homeowners. This restaurant project is a failure from the beginning, which is acknowledged by the board. They have stated that for the first four years after the opening, homeowners can expect the restaurant to lose money. Also, this board rejected to send all homeowners a survey in order to determine their input. Their rationale – it would save the board $5,000. The real answer is that the homeowners would vote to have a restaurant, but not have one dollar come from our pockets. And who in their right mind would knowingly open an establishment that is doomed to failure?

    #7008
    Nelson Orth
    Participant

    My reply to Mr. Anderson – I have never seen or read so many lies in one post as you did. I do not have the time to detail each of those lies, but let me inform your readers the most egregious one. Mr. Anderson suggests you read the ACC CC&Rs which are posted on their website. Please do. And if you do, you  will discover that the title of this document is “Declaration of Covenants and Easements for the Anthem Community”, and was written in 1998 by a law firm in Georgia strictly for the use by Del Webb. How do I know this? Because it is written in the upper left hand corner of the first page.

    Obviously Mr. Anderson and I have diverse opinions on this issue. So in order to solve this dissent, I challenge Mr. Anderson to debate me – one on one. Instead of having an open Town Hall, let’s have you and I present our cases, and then each counter with their comments. But ensure that sufficient time exists so that homeowners can question each of us. What say you Mr. Anderson?

    #7004
    Nelson Orth
    Participant

    Anyone who is thinking of voting for Steve Anderson needs to seriously rethink their vote. It was Mr. Anderson and this current board who voted to provide the Anthem Community Council (ACC) $15 to $20M over a ten year period of time for landscaping/maintenance improvements. Why did the board approve this massive expenditure? Because, according to Mr. Anderson, the ACC board voted to approve this expenditure. Has anyone ever heard of an outside organization dictating to a SCA BOD where to spend our money? Plus there is no plan on how or where this money is to be spent. We, as voters, need to ensure that Mr. Anderson is only elected for one year, and hopefully we will then vote him out of office, if he chooses, to run again in 2023.

    #6968
    Nelson Orth
    Participant

    Gary – Send me an email at nelsonorth@cox.net, and I will provide you with all of the information you are looking for. I have lived here since 2001.

    #6939
    Nelson Orth
    Participant

    Mr. Anderson:

    I am shocked and amazed at your response to my comments. You may not have realized it, but you have admitted that you are the leader of an oligarchy with no interest or consideration on the financial status of the SCA homeowners. You state that you do not want to spend $5,000 because, you believe, there are many residents who believe in your position of moving forward with a restaurant. Do you not know that January’s inflation rate was 7.5% which is the highest in the past four decades. And unless this countries energy polices change, that inflation rate will not fluctuate much. Yet you are willing to commit $200,000 to $300,000 to a restaurant project that, by your own admission, will be a losing proposition for at least the next four years. Assuming that is correct, and I believe it is, what additional funds must be committed to keep this restaurant afloat? $5,000 for a survey is a drop in the bucket considering our $9M budget. But as the leader of this oligarchy, you answer to no one, nor do you have to consider the financial status of the SCA homeowners. This project is doomed to failure, and I believe a survey will confirm my belief.

    Now to the Anthem Community Council. You state that SCA is “required” to pay our assessments to ACC. I challenge you to show me one law or one regulation, or one sentence that “requires” SCA to pay one dime to ACC, an organization that is not even recognized by the City of Henderson. And your statement that SCA has committed $15 to $20M because ACC voted on that proposal, and we were obligated to agree is absolutely insane. This is a classic example of the tail wagging the dog, and a distinction without a difference. The management company of ACC is FirstService Residential (FSR). Do you remember who our management company was before we went to our current management system. It was FSR. And why did we terminate their services? Because we found that FSR was using SCA funds to support other FSR contracted HOAs. Does this information, in any way, concern you? You have no clue where our $633,000/year that we send to ACC is spent. And where is the plan for how and where the $15M to $20M is going to be spent? We all know there is not one. But, as the head of our oligarchy, there is no concern on your part where our money goes or how it is spent.

    And finally, your statement “mandated City of Henderson directives” which ACC, according to them, must be followed. I suspect that I have read portions of the Henderson Municipal Codes (HMC), and the Henderson Master Plan more than most. These are the two documents (both of which are very lengthy) which we, as citizens of the COH, must follow. I cannot remember any mention of the term “Anthem Community Council”, and hence, I do not believe for one minute that the COH has any authority to direct any person or organization in the Anthem Community. But I have a name who supposedly provided these directives. It may take me awhile, but I will either confirm my belief or admit my error. And I promise to let you readers know.

     

    #6936
    Nelson Orth
    Participant

    Mr. Anderson:

    What happened to the restaurant survey that you promised during your election campaign? I suspect that the results would show that, yes, the vast majority of homeowners would like to have a restaurant, but that vast majority would not want for us homeowners to pay for it. But spending our money has never been a concern of yours, considering that you have committed $15 to $20M over ten years to the Anthem Community Council for increased landscaping and maintenance. How and where is the plan for the expenditures of this money?

    #6888
    Nelson Orth
    Participant

    Adding to Rana’s comments, I too wish to add my congratulations and appreciation to Steve. I met with Steve back in September, and voiced my concerns about both Anthem Council and the Audit Committee. Since that meeting, we have been in communication, and both of us have expressed our viewpoints. I was somewhat surprised, but absolutely delighted, with Steve’s comments. I am certain he knows my support for the necessary changes to both AC and the Audit Committee, and, like Rana, will do my best to attend the next AC meeting.

    #6862
    Nelson Orth
    Participant

    RESPONSE TO ANTHEM OPINIONS ENDORSEMENT TO REELECT RICHARD POPE

    On January 19, Anthem Opinions published an article endorsing Richard Pope to be reelected in our upcoming elections. I have a different opinion, and this article articulates my experiences with Mr. Pope, and outlines the facts that support my position. The January 19 article opens with a severe criticism of a SCA blogger.

    For the past 10 or 12 years, I have only agreed with the referenced blogger (everyone knows it is David Berman) five or six times. I have now added one item to that list. Under no circumstances would I ever vote for Richard Pope. To all of your readers, please take the time to read my rationale, and if any of you disagree with any of my points, would like additional information, or simply ask me a question, please contact me, and I will do my best to expand on my rationale.

    When Mr. Pope ran for election two years ago, I had numerous conversations with him, and at that time sincerely believed he would he would make an excellent board member. During those conversations, I expressed serious concerns about the oversight and accountability of the Anthem Community Council (ACC).

    Shortly after he was elected, I received a call from Mr. Pope. His goal was to try and convince me that ACC was a legitimate organization, and tried to convince me that I should reconsider my position. That conversation did not go well for Mr. Pope.

    I quickly learned that he could not accept facts. He continually referenced the ACC CC&Rs which are posted on the ACC website. But if you open those CC&Rs, you will discover that the title of that document is “Declaration of Covenants and Easements for the Anthem Community”.

    That document was written by a Georgia law firm in 1998, specifically for the use by Del Webb. How do I know that? Because that information is listed in the upper left hand corner of the first page. After reading that document, which I have done at least 15 times, anyone will understand that it was intended strictly for the use by Del Webb, and in no way applies to SCA or any other HOA in Anthem.

    ACC was founded in 1998, and was ruled by Del Webb until January of 2010, at which time it transitioned from developer control to the HOAs in Anthem. There are several important facts you all should be aware of. There are eight HOAs in Anthem, but during that transition Del Webb only included six.

    The new HOA board tried to convince the other two HOAs to pay their fair share, but they declined. So, for the past 11 years those six HOAs have paid the price for eight. Second, there was no audit done on the Del Webb books at the time of transition, even though Del Webb had collected assessments for 12 years on every house sold in Anthem.

    How much money was kept by Dell Webb, and owed to the new organization is something we will never know. Third, the Del Webb person in charge of ACC for 12 years was Randy Watkins, a SCA resident.

    At the first meeting of the new HOA board in January of 2010, Randy Watkins was appointed and elected as the first Community Manager. At that meeting in January of 2010, I knew that SCA had dug themselves a hole, and to this day, that hole has only gotten deeper.

    For 11 years I have tried to convince SCA boards to provide oversight over the funds we provide to ACC, insist that ACC be held accountable on how and what they spend the money they receive. I have been totally unsuccessful in that effort. As an aside, SCA provides 52% of ACC funding. During the past 10 years, SCA has provided over $6M to ACC. The SCA commitment to ACC in 2020 was over $633,000. That same figure applies to 2021.

    Now to today’s situation. Last year ACC requested that the HOAs commit $15 to $20M over a 10 year period of time for additional maintenance and landscaping. Let me repeat that number – $15 to $20M.

    Mr. Pope and the other members of the board agreed to fund that project. They also committed to pay $500,000 for their legal fees because of a legal incident that occurred here in Anthem. If you ever wondered why your quarterly dues increased for this year, now you know why.

    I had always thought that ACC had some legitimate role in the Anthem Community due to the fact that ACC was mentioned in the City of Henderson’s (COH) Master Plan. But in one of my frequent meetings with the staff of the COH, I discovered in March of 2020 that the Master Plan had deleted the ACC from the Master Plan, and as a result was now not officially recognized by the COH.

    This fact completely changed my mind set. I now believe that SCA and the other five HOAs should place the intended ACC funding for 2022 into escrow, meet with the president’s of the other five HOAs, agree to delete all ties with ACC, and split up any landscaping/maintenance responsibilities.

    If the other HOAs resist, then have SCA go alone. My case is strong that ACC is the most corrupt external organization that SCA deals with. We can only fix this problem by ensuring that Richard Pope, and the other incumbents running for reelection, be defeated.

    One final point. How many of you read the monthly Audit Committee report in the Spirit? How many of you have ever tried to attend an Audit Committee meeting? None of you have, including me. To the best of my knowledge, the Audit Committee is the only group not represented in the Spirit.

    They are a complete and total secret organization that sets their own rules, when and where the meetings are held, what is discussed in these meetings, and the direction given to, in the committee’s words, an independent auditor. In my opinion, our auditor is not independent. We pay the same auditor every year.

    That makes our auditor’s allegiance to the SCA Audit Committee, not the homeowners. The COH hires a different auditor each year, and places a new, independent CPA each year on their review board. That is what I consider independent. Our process is the same every year, every homeowner not knowing what is being said and directed in those meetings. And guess who is one of the members of the Audit Committee – Richard Pope. In my opinion, the Audit Committee is our most corrupt internal organization.

    So why does Mr. Pope want to be reelected? What is his agenda? I have no idea. But what I do know is that his agenda is not in the best interests of the homeowners of SCA.

    #6635
    Nelson Orth
    Participant

    It should be noted that Anthem Council is asking the six HOAs that comprise AC for $15 to $20M to complete this maintenance/repair project. Given that SCA provides 52% of AC’s budget, we, the homeowners, will have to pay between $7.5 and $10M. This is an outrageous sum of money for plants and bushes.

    I agree 100% with Peter’s comments, but this has been the standard operating procedure for the past 10 years, and will continue until we, the homeowners, make it perfectly clear to this board that we will no longer tolerate being puppets to the AC.

    As for Mr. Anderson’s comments, I have never seen or read such misguided and out of touch comments.  I will finish by simply saying that Del Webb has been out of the picture since January of 2010, and the City of Henderson has abdicated their responsibilities to AC. There is absolutely no  rule, law, or obligation for SCA to pay AC one penny. If AC wants SCA to pay, then let them sue us. If anyone would like additional information or ask me any question, please call or send me an email.

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