Sun City Anthem eMail Bulletin - President's Report 2/26/2009
Pulte provided a Recreation Center 3 status report for the month of February. The building slab was poured the last week in January. On site pole bases are being formed and poured. PVC pipe installation for water and electrical utilities continues. Building masonry walls are being constructed. Structural steel shop drawings have been submitted with steel starting late March. Sanitary sewer and underground plumbing are substantially complete. Indoor pool and warm water spa are dug and have rebar installed with pool piping in place. The Architect continues to finalize finishes on interior design drawings. The project remains targeted for completion by the 4th quarter of 2009.
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At the last S&D Café lawsuit status check before Judge Gonzalez on January 27th, the Judge determined that she would hold an evidentiary hearing before ruling on Plaintiff S&D Café’s Objections to the Discovery Commissioner's Report and Recommendation. The recommendation was for striking all the plaintiff's pleadings for failure to comply with discovery. The Plaintiff had not requested an evidentiary hearing and had not opposed our motion to strike the pleadings. Judge Gonzalez particularly wanted to hear evidence as to how the plaintiff had been prejudiced by the discovery delays and abuses. The evidentiary hearing was held on February 4. Our expert CPA testified that he had been unable to complete his calculations of damages sustained by Sun City because of plaintiff's failure to provide us with financial books and records. Plaintiff’s witness, a principal of S&D Café, testified that he believed the relevant financial data was on a computer with their bookkeeper, and that data was also with their accountants to prepare tax returns for the 5 years of the lease. After hearing the evidence, the judge ruled that she will not uphold the recommended dismissal as she believes lesser sanctions are warranted at this stage.
These are her sanctions, with current status:
1. Plaintiff cannot introduce into evidence any documentary or testimonial evidence that is not already included in the 15 bankers boxes that they already produced, along with the sales and use tax returns already produced.
2. Plaintiff must provide a copy of the data that it supplied to its accountant within 10 days. We, as the defendant, can use that information if we choose, but if we do not, plaintiffs cannot introduce it.
Note: CDs of the financial data that their accountant relied upon were provided, but the CDs were password-protected and efforts to obtain access to the data were not resolved until after the deadline date.
3. Plaintiff must provide us with the actual computer that the plaintiff's bookkeeper used. We and our expert can review the information on it and use it if we choose. However, plaintiff will not be able to introduce that information into evidence unless we introduce it first. The computer must be turned over within 10 days.
Note: The actual computer used will be available for our review next week, which is after the deadline date.
4. Plaintiff must provide us, within 7 days, a statement as to how they calculated their claimed $2,000,000 in damages.
Note: This statement was provided.
5. We can take the deposition of the bookkeeper and the principals of S&D Café. The plaintiff is not permitted to conduct any further discovery.
6. Our expert can supplement his report if necessary by March 30, 2009. Plaintiff cannot depose him.
7. If the plaintiff does not deliver the statement of its damages or turn over the computer within 10 days, the court will consider further evidentiary sanctions regarding our Counterclaim.
8. Plaintiff's claim for punitive damages is stricken because of its failure to answer interrogatories.
Our lawyers may bring a motion asking for sanctions in light of the further derelictions since the disks of data were initially not accessible and the computer had not been made available in the time specified in the Order.
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On December 1, 2008, Carmela Olvera filed a lawsuit against Sun City Anthem Community Association, Inc. in Department XVI of the Eighth Judicial Court of Nevada. This lawsuit pertains to personal injuries Ms. Olvera alleges to have sustained on April 4, 2008 while entering Anthem Center. It is very early in the litigation and discovery has not yet begun, and so little is known about Ms. Olvera’s claims in this lawsuit at this time.
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At the January 22 Executive Session, one motion was passed to put a temporary hold on fines, and one motion was passed to approve a final extended exemption period.
At the February 12 Executive Session, one motion was passed to deny waiver of charges; two motions were passed to waive charges; one motion was passed to conditionally suspend fines; one motion was passed to deny reconsideration of a payment plan; and one motion was passed to approve an extended payment plan. The Board approved that a demand letter, outlining monies owed to SCACAI by Del Webb/Pulte, be sent to our corporate counsel for processing. The demand items noted include shortfall in Association reserves funding at transition, reserve funding for leased fitness equipment at transition, and an unresolved Accounts Receivable balance due at transition.
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On February 10, Board members, the Trumpets lease negotiating team members and presidents of three clubs were invited to a menu tasting with the potential lessees of the Trumpets restaurant and some of their staff. The tasting was held in the Trumpets restaurant. Chef Tirzo Hernandez provided a food tasting of core menu items from his proposed Trumpets menu and presented his overall culinary philosophy. He discussed the style of foods to be offered and the respective prices. Everyone was provided with comment sheets. Overall the comments received were positive.
The Trumpets lease negotiating team met with legal counsel on February 5 to review a draft of the proposed lease. On February 12, a draft lease was provided by counsel for Board members to review and provide comments. The lease negotiating team met again with counsel on February 19 to discuss all the comments received from the Board members. The lease negotiating team also met with the potential lessees on February 23 to discuss highlights of some of the terms and conditions expected to be in the revised draft of the lease. No “deal breaker” issues were identified at this meeting. Counsel will deliver the revised lease next week for additional Board member review and also for review by the potential lessees with their respective legal counsel. The final version of the lease may be ready for approval by the Board at the March 26 regular Board meeting.
Unfortunately, two residents and an anonymous purported resident group have attempted to once again interfere with the Board’s ability to negotiate a lease. The potential lessees have received a letter from Tim Stebbins, from retired Senator John Briggs, and from an unauthorized group, using the Association’s official address and called “Protect Our Lifestyle SCA Committee of 5000.” Each of these letters was immediately brought to my attention by Tirzo Hernandez. I informed Tirzo that the allegations that the Association can not enter into a lease without a vote of the residents, have been previously reviewed by legal counsel when such letters were sent to Boulevard during our prior negotiation efforts, and the allegations have no merit. The letters have been turned over to legal counsel and have not affected Tirzo’s desire to open a restaurant at Trumpets.
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I received a status report from the Henderson Traffic Services Department and the Anthem Council regarding the recommendations related to the study of the Anthem loop road. Alyssa Reynolds, of the Traffic Services Department, visited each of the study intersections with representatives from Pulte, the Del Webb Management Company, and the landscape company for Anthem Council. They tagged plant material that needs to be trimmed or relocated because of presenting potential visibility issues. At the Anthem Council meeting last week a list was available detailing the number of plants and trees to be removed and other landscaping modifications to be done. The estimated cost for making the changes is pending.
The Traffic Services Department has initiated the traffic enforcement program. A public notice regarding the enforcement activities was distributed on January 27. Four speed feedback trailers were placed around the loop to let drivers know what speeds they were actually driving. Following both of these steps, officers monitored the loop and issued citations. Pulte is working with the City of Henderson to relocate specific stop signs, with blocked views, to an unobstructed location as well as providing additional stop bar pavement marking where beneficial. Installation of these improvements will begin in the next couple of months. The Traffic Services Department is continuing to collect data on intersection turning movements and side street volumes. This data will assist them in making further decisions about individual intersection controls. Pulte will work with the City on a case by case basis to reconstruct center islands, add pedestrian signalization or add full traffic signals, if determined necessary.
It is anticipated that final recommendations will be presented to the Henderson City Council sometime this summer.
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I received a status report from the Henderson Parks and Recreation Department regarding the Shadow Canyon Access Point to the Anthem East trail. What follows is in response to SCA resident concerns discussed at a meeting with various Henderson Department employees on February 11. The Parks & Recreation Department will look at appropriately placing boulders around the access point and the gate, after the construction is completed, to deter people from driving onto the trail. The shade structure will be flip flopped to the furthest pad area, a few feet further away from the homes, but still within the project boundaries. No “no trespassing” signs will be placed along the trail. The City does not post “no trespassing” signs on property the City does not own. The City will try to post trail boundary notices periodically along the trail to keep people on the trail and not on HOA land. At this point, the City will not address the parking issues. If, after 6 months, the sentiment remains regarding parking issues, the Citizens Traffic Advisory Board will need to hear the case from the residents and/or HOA Board. According to the Public Works Department, which is managing the Anthem East Trail project, the Shadow Canyon Access Point is approximately 50% complete. The overall project is expected to be completed by mid April.
The Traffic Department has agreed to place signs about not parking on the interior streets, per the master plan, at Lewiston and Orange Grove. The exact verbiage is spelled out on the master plan.
No horses, other than the police horses, will be allowed on the Anthem trail. Horses will be permitted on the Sloan Canyon trail, but that is quite far away over the mountain and is controlled by the Bureau of Land Management, not the City of Henderson.
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The Anthem Council met last week. The transition plan to resident control of the Anthem Council Board is on hold. Transition may not occur until possibly as late as the first quarter of 2010.
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The AB396 legislation contained many provisions that would have a negative impact on community associations. The Board recently sent letters to designated representatives and senators to request that the legislators vote to sustain the Governor's veto of AB 396. The legislature did vote to uphold the AB396 veto.
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The 2009 SCA Board of Directors candidate declaration deadline was January 30th. There are four open positions for the 2009 election year and seven candidates declared. The candidate names, in order of their respective ballot positions, are: Roz Berman, Barnett Sturm, Jack Troia, Bob Frank, Ann Small, John Waterhouse, and Ron Morse. Thanks to all of them for volunteering to help govern our community.
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Numerous volunteer positions are open on many of our Standing Committees.
The Finance Committee, Election Committee, Lifestyle Committee, Plans and Processes Committee, and Government Affairs Advisory Committee have open positions. Please submit your resume and/or background to the Community Association Manager, Caren Carrero. This may be done by e-mail or by hand delivery to Caren’s attention at the Administrative Offices in Anthem Center.
In addition, the Security Patrol is currently looking for volunteer residents interested in establishing Neighborhood Watch programs for every village in the community. These residents could add another layer of watchful eyes and ears in their respective villages.
Roz Berman
Board President