Friday, November 7, 2008

RE: Fire Station Ballot and Letter from the Association's Legal Counsel

r. S;

You make an excellent point, “the City of LV has the responsibility” however the Fire Station isn’t the main problem; it’s the hidden agenda of a few people. There are two things that protect the residents against self-appointed Royalty; 1) CC&Rs is the first line of defense, 2) a well informed electorate’s right to VOTE. The Home Owners must realize the importance of there CC&Rs and the best way to accomplish this is by broad casting the FACTS.

Thanks for spreading the word,

DAK

-----Original Message-----
From: Bernard Silver [mailto:silverinvegas@yahoo.com]
Sent: Friday, November 07, 2008 2:22 PM
To: Dwain Kramzar; Sun City Summerlin-Blog; ALLAN BAER; KEN CAROCCIA; RICHARD POST; BOB ROBEY; DAVID STEINMAN; RON WINKEL; BEN BENNET; TOM BRENNAN; PAUL CALLAGHAN; BILL CANTOR; ANNALOU CLIFTON; ELI CYNGISER; PATTY DAINO; DON GELBMAN; BILL GOSSMAN; SY & HERMAINE HINDEN; KAY HUNT; Marian Kennedy; SYBIL KOPP; BILL KRANE; BOB & CAROL KUGLER; ELLINORE McDONALD; BOB PASSMONICK; ROCHELLE PHILLIPS; NORMAN PRESS; LIZ ROBERTS; NADINE & WALT ROBETOR; GERALD ROTH; FRED SCHAEFER; BERNARD SILVER; EDMOND STEPHENSON; MURRAY WAKS; STORRS WARINER; SC-SCOOP
Cc: NEWSLETTER AHRC; PATRICK DOUGHERTY; JOY FOREMAN; SHERMAN FREDERICK; JONATHAN FREIDRICH; BRIAN GREENSPUN; JOHN HAMBRICK; JAMIE HELMICK; HERB JAFFE; TERRANCE KELLY; Ed & Edna McDaniel; THOMAS MITCHELL; JANE ANN MORRISON; SUMMERLIN NEWS; JEFF O'BRIEN; ADRIENNE PACKER; STEVE SEBELIUS; DIXIE TESTA; MONIKA WISE
Subject: Re: Fire Station Ballot and Letter from the Association's Legal Counsel

Dear Mr. Kramzar.

Thank you Sir for going to the trouble of obtaining written evidence on this flawed justification to amend the current Sun City CC&Rs.

It is still my opinion that because it is the responsibility of the LV City to provide to their taxpayers adequate Police, Fire & Rescue services in a timely manner, it is their written proposal that should have been received to initiate any further activity by our Board. Instead, it appears that one of our Board members, David Steinman, has been and still is the initiator and negotiator for this planned giveaway of our property without due consideration of the Association members.

I have attempted to communicate with Mayor Oscar Goodman on the matter of this unusual activity and while his secretary assured me that he was preparing a letter response, I have not received one.

We have been denied "full disclosure" and treated such that those who vote to disapprove this amendment to the CC&Rs will be guilty of other members being at risk. Nobody has yet presented ant facts regarding serious fires or health emergency results that would be different if the Fire Station had been where it is now planned to be.

I have suggested that we invite the Fire Dept to have one or more of their vehicles stationed on our Sun City property to overcome any delays because of distance. This is a common practice with privately owned Ambulance Servers.

Of course, there has been no response to this suggestion.

Similarly I have pointed out that the planned location does not provide coverage to many units in the western part of our community and in any negotiations we should be demanding that the original location for a Fire station at the southwest quadrant of the Lake Mead\CC215 intersection be restored, instead of being relocated 1.5 miles further west.

Thank you again and let us be hopeful that those who vote will understand the circumstances and that they are giving up their rights.

Bernard Silver

C. Mayor Oscar goodman

City Hall, Tenth Floor
400 Stewart Avenue
Las Vegas, NV 89101

====================================



Dwain Kramzar <dKramzar@embarqmail.com> wrote:

Sun City Summerlin/Home Owners;

In order to try to make an intelligent VOTE on the proposed CC&Rs Amendment I have requested a formal (written) proposal for this Fire Station from the City of Las Vegas to Sun City Summerlin Community Assn. that supports the need for this Proposed Amendment to CC&Rs only to find that none exist. FYI; the CC&Rs are the foundation of Sun City Community that provide protection of property values and life-style that attracted us all to this community. I have strung the e-mail correspondences to Mr. Winkel and the BoD for reference.

This proposal is flawed in many respects, I will list a few.

· The BoD of Sun City Summerlin Community Association has proposed that the owners approve an amendment to the CC&Rs before there is a written agreement with the City of Las Vegas. No written agreement, No need for the amendment.

· Never before have I needed an Attorney’s opinion or explanation in order to VOTE: Ref; Schulman letter/eight paragraphs and two pages.

· Minor change to the CC&Rs referenced in the Schulman letter is in fact over 600 words+ two Exhibits “A1 & A2”, this is unheard of on a YES/NO Ballot.

· No formal (written) proposal creating a need for a VOTE—the amendment if passed will empower the BoD to finalize details after the fact (VOTE) Ref; Winkle, Steinman

· With respect to the “Eligible Mortgage Holders” the Association does not need their approval of the proposed amendment. Ref; Schulman letter

· Mr. Schulman wrote “Generally, I do not like to amend CC&Rs for one possible transaction”

Being asked to approve this Amendment to CC&Rs is in effect asking you to sign a BLANK CONTRACT with the details to be filled in later by a handful of people; this would create a bad precedent. Remember the CC&Rs are for your protection, please pass this information on.

Dwain Kramzar

2624 High Range Dr

702.838.5049

-----Original Message-----
From: Ron Winkel [mailto:RonW@SUNCITYLV.COM]
Sent: Wednesday, November 05, 2008 3:11 PM
To: dKramzar@embarqmail.com
Cc: Board of Directors
Subject: FW: Fire Station Ballot and Letter from the Association's Legal Counsel

Dwain, there is nothing that I know of formally in writing from the city, and I don’t think there has to be. The City (Fire Chief, Larry Brown and others) came out several times. The Fire Chief met before the Board. The Board discussed it at length. The city knows exactly what is in our proposed amendment and agrees with it.

The amendment will empower the Board to finalize details, which is I believe the proper way to approach it. The ballot with the amendment was written by our attorney with unanimous board approval. I disagree that there is anything flawed as you state.

Sincerely,

Ron Winkel


From: David Steinman [mailto:dwsteinman@cox.net]
Sent: Tuesday, November 04, 2008 5:20 PM
To: Ron Winkel
Cc: Board of Directors
Subject: RE: Fire Station Ballot and Letter from the Association's Legal Counsel

Recall that our BOD approved the site subject to written conditions. The City will get approval from the City Council soon. Once we have our affirmative vote, we will reduce all of the negoiations to writing in a contract between SCSCAI and The City of Las Vegas.

David


From: Ron Winkel [mailto:RonW@SUNCITYLV.COM]
Sent: Tuesday, November 04, 2008 11:37 AM
To: David Steinman
Cc: Board of Directors
Subject: FW: Fire Station Ballot and Letter from the Association's Legal Counsel

David, did we ever get anything in writing formally from the City on the fire station? I don’t remember anything. Ron


From: Dwain Kramzar [mailto:dKramzar@embarqmail.com]
Sent: Tuesday, November 04, 2008 9:46 AM
To: Ron Winkel
Cc: 'Sun City Summerlin-Blog'; Allan Baer; Robert Robey; David Steinman; Kenneth Caroccia; Marilyn LeVasseur; Pat Cullen; Richard Post
Subject: RE: Fire Station Ballot and Letter from the Association's Legal Counsel

Mr. Winkel;

The problem that I have is I am being asked to vote for a change of the CC&Rs that incorporates a single issue (the Proposed Fire Station) that is not relevant to the CC&Rs. The details of this issue appear will be negotiated after the vote; obviously it would be a major error to support an amendment to the CC&Rs that included undefined and open-ended details. Hopefully the flawed wording of the Propose Amendment to CC&Rs is due to the lengthily 600+ wording of this Ballot. I have high-lighted my request, below, for a formal (written) proposal for this Fire Station from the City of Las Vegas to Sun City Summerlin Community Assn. that supports the need for this Proposed Amendment to CC&Rs.

Thanks again for you prompt attention in this matter,

Dwain Kramzar

702.838.5049

-----Original Message-----
From: Ron Winkel [mailto:RonW@SUNCITYLV.COM]
Sent: Tuesday, November 04, 2008 5:20 AM
To: Dwain Kramzar
Cc: Sun City Summerlin-Blog; Allan Baer; Robert Robey; David Steinman; Kenneth Caroccia; Marilyn LeVasseur; Pat Cullen; Richard Post
Subject: RE: Fire Station Ballot and Letter from the Association's Legal Counsel

Dwain, the Board discussed the fire station several times in board meetings. I remember at least one meeting where the city Fire Chief was at the meeting and talked to the Board. That portion would be in the minutes of that meeting. I could try and locate those minutes if that is what you are looking for. Please tell me.

David, do you remember anything more than that?

Ron Winkel


From: Dwain Kramzar [mailto:dKramzar@embarqmail.com]
Sent: Monday, November 03, 2008 10:10 PM
To: Ron Winkel
Cc: Sun City Summerlin-Blog; Allan Baer; Robert Robey; David Steinman; Ed Walterscheid; Kenneth Caroccia; Marilyn LeVasseur; Pat Cullen; Richard Post
Subject: Fire Station Ballot and Letter from the Association's Legal Counsel

Mr. Winkel;

After reading the two page letter from Mr. Michael Schulman (the association’s legal counsel) regarding some legal background information regarding change to the CC&Rs for the possible Fire Station I took considerable time reading through the BoD meeting minutes and I could not find reference to a formal proposal from the City of Las Vegas for the proposed Fire Station. I need this information in order to make an informed vote decision involving any amendment to Sun City’s CC&R; as you know the CC&Rs are the foundation of our community and provide protection of our property value. I would appreciate your prompt response in this matter.

Thanks,

Dwain Kramzar

2624 High Range Dr.

702.838.5049

******************************************************************************************
CONFIDENTIALITY NOTICE: This e-mail contains private, privileged and confidential information belonging to the sender. The information therein is solely for the use of the addressee. If your receipt of this transmission has occurred as the result of an error, in such circumstances, you are advised that you may not disclose, copy, distribute or take any other action in reliance on the information transmitted. Please notify the sender immediately by email and delete all copies of this e-mail, including all attachments, without reading them or saving them to your computer or any attached storage device. If you are the intended recipient, you will need to secure the contents conforming to all applicable state and/or federal requirements related to the privacy and confidentiality of such information, including the HIPAA Privacy guidelines.

******************************************************************************************




Bernard Silver

No comments: