Sun City Anthem eMail Bulletin - President's Report 4/23/2009 [sent by RMI 4/27/2009]
Liberty Center Status:
Recreation Center 3 is now known as Liberty Center. Out of a total of 696 survey votes, Liberty Center won with 55% of the votes. The runner-up had 21% of the votes.
Pulte provided a Liberty Center status report for the month of April. Structural steel has started arriving on site and steel erection has begun. Trash enclosure for the center is currently under construction. Trade contractors continue to submit shop drawings and product data for review by the architect. LEED material tracking sheets are being updated with regional material purchases for LEED credit. LEED tracking sheets for materials purchased with recycled content are being updated. LEED tracking sheets are being updated through trades who furnish low emitting materials. The first on-site dumpster for recycled construction waste was picked up this month with 91% of the material recycled. Several deferred submittals to the City of Henderson have been approved. The project remains targeted for completion by the 4th quarter of 2009.
S&D Café Lawsuit Status:
During the month our lawyers have been continuing preparations for bringing the S&D Café lawsuit matter for trial. At a hearing before Judge Gonzalez on April 4, 2009 Del Webb sought to sever its third party claim from the main action, because it had not had sufficient time to conduct its discovery of the claims against it since being served with our third party complaint. The judge ruled that she would not sever the Del Webb claim, but instead would continue the trial date to the next five week stack of cases beginning June 29, 2009 so that Del Webb could conduct some discovery in the interim. The judge also commented that she thought our prospects of getting heard in the stack of cases going forward this month would have been "less than 50%."
Our lawyers are working cooperatively with Del Webb and have been able to interview a number of its witnesses, including Bill Diveley and David Hicks. Recently our lawyers served a Motion for Summary Judgment, seeking to dismiss the Plaintiff's Complaint for its continuing failure to produce sufficient and competent evidence of its damages. That motion is set to be heard before the Judge on May 7, 2009. In the meantime, our lawyers are continuing to interview witnesses and to prepare for trial.
Letter of Instruction from the Real Estate Division:
The Board recently received a letter of instruction. The instructions are that any meeting to discuss association business, with a quorum of the Board, must be noticed, agendized and open to the members. This does not include social events. The agenda can be very simple, such as “Presentation of a topic and no action can be taken.”
Executive Sessions:
At the March 26 Executive Session, a motion was passed to extend the time for landscaping to be completed; a motion was passed to instruct Red Rock Financial to proceed in setting a foreclosure date and publishing said foreclosure notice for a property; and a motion was passed that a specific Real Estate Division Case be handled by coverage counsel.
At the April 9 Executive Session, a motion was passed to waive all Age and Occupancy fines and all interest charges, if all past due Assessments and Late Fees have been paid; and a motion was passed to grant a 60-day age and occupancy hardship exemption.
City of Henderson Citizens Traffic Advisory Board – Study of Anthem Loop Road:
I received a status report from Alyssa Reynolds of the Henderson Traffic Services Department regarding the recommendations related to the study of the Anthem loop road. The landscaping changes have been completed, and Alyssa reviewed the intersections with representatives from Pulte and the Del Webb Management Company. They found a few more plants that need to be moved, but mostly they identified places where smaller plants or decorative rock could be placed. Alyssa believes that the changes to the landscaping have made a significant difference in the ability so see from the side streets. Traffic Maintenance started installing the stop bars, and they should have most of them completed this month. There are a few locations where they will need to grind off old stop bars and/or crosswalks. Those locations will take a little more time. They have additional traffic counts scheduled for this month and next. These will be used to evaluate the intersections that still have visibility issues. The Traffic Services Department still anticipates presenting their final recommendations to City Council sometime this summer.
Shadow Canyon Access Point:
I received a status report from Mary Ellen Donner of the Henderson Parks and Recreation Department regarding the Shadow Canyon Access Point to the Anthem East trail. It is estimated that the Shadow Canyon access point is 95% complete. The overall project is expected to be completed in May.
BLM Mining Pit:
At the February Board meeting the Board approved that representatives from the Bureau of Land Management be invited to Sun City Anthem to meet with our residents and to discuss the proposed mining project and answer their questions. In addition, the Board approved to publicly oppose the application of business entities that file an application to operate an open pit mine within 3 to 5 miles of the Anthem area. Early this month, with the support of the resident work group, the Board signed letters of opposition to the proposed projects and sent them to specific elected officials (Senator Harry Reid, Senator John Ensign, Congresswoman Dina Titus, Congressman Dean Heller, Congresswoman Shelley Berkley, and Commissioner Steve Sisolak), and to a BLM representative, Shonna Dooman, as well as to neighboring Home Owners Associations’ Boards of Directors. The Board received acknowledgment letters from many of these elected officials. The Activities department arranged for a residents meeting, which was held this month. Residents supported the Activities department in the preparations for the meeting and in contacting elected officials and the BLM to solicit their attendance at the meeting. The meeting was very well attended in Freedom Hall and in the overflow Penn room. Important concerns were discussed by residents with the officials that attended the meeting.
Roz Berman
Board President