Sun City Anthem eMail Bulletin - President's Report 3/26/2009 [sent 3/30/2009]
Pulte provided a Recreation Center 3 status report for the month of March. Interior building concrete is complete. Structural building masonry walls, wall reinforcing and masonry block grouting is ongoing. Structural steel is in fabrication and will start arriving on site the end of March. Solar thermal and photovoltaic shop drawings are under review by the architect. Interior design drawings and elevations have been finalized for finishes and colors. Interpretive signage design for the display corridor is in the final stages. Coordination for low voltage monitoring points to the building Dashboard is ongoing. Indoor pool and warm water pool have been sprayed concrete and are awaiting tile. The project remains targeted for completion by the 4th quarter of 2009.
********************************************************
During the last month our lawyers have been preparing the S&D Café lawsuit matter for trial. In that regard they have been contacting various witnesses and obtaining their statements. Additionally, and pursuant to Judge Gonzalez's ruling on February 4th, they are now taking the depositions of the principals of S & D Café. They also took the deposition of their bookkeeper.
They have been working extensively with Mr. Doug Winters, the forensic auditor, to supplement his expert report, as the Court permitted, by March 20th. Mr. Winters was ably assisted by Board Treasurer, Shirley Cheri, in reviewing the financial records produced by S & D Café V. The report was timely served last Friday. Our expert elected not to use the material submitted belatedly by the plaintiff on its QuickBooks software, as it was inherently unreliable in Mr. Winters' view. As supplemented, Mr. Winters calculates Sun City's damages for unpaid rent, additional rent, late charges and interest to be in excess of $797,000.
So that we can keep to the trial date, April 20th, our lawyers suggested to Del Webb that they move to sever the third party claim from the trial of the main action. They have not yet filed that motion but it should be filed this week. Our lawyers served an offer of judgment in the amount of $250,000 pursuant to the Board's instructions March 12.
Our lawyers are very grateful for all of the input from various residents, Board members and staff about the background to this lawsuit. Their testimony will be vital to successfully defending this suit and prevailing on our counterclaim.
********************************************************
With respect to the lawsuit that Carmela Olvera filed against Sun City Anthem Community Association, Inc., an expert has conducted an inspection and testing of the subject revolving door. The expert was found to be very thorough and detail oriented and should make for a good witness. Discovery has just opened and may continue to be conducted until September, 2009.
********************************************************
At the February 26 Executive Session, one motion was passed to waive late fees and interest; and one motion was passed to waive a portion of fines.
At the March 12 Executive Session, one motion was passed to grant a hardship waiver for Age and Occupancy for a limited period of time. The Board approved that an offer of judgment in the amount of $250,000 be served to S&D Café.
********************************************************
Board members, Trumpets negotiating team members and the potential lessee negotiating team have a final draft of the proposed Trumpets lease for review and comments. An initial negotiating meeting, with respective legal counsel, was held in mid- March. A few revisions to the basic terms and conditions, which were previously approved by the Board in November and which are available on the community website or by request in the Administration office, may be recommended. A modification to one of the basic terms was approved by the Board in January and is noted in the Board meeting minutes. The SCA negotiating team has not yet received the final paperwork required which includes detailing the lessee negotiating team’s recommended changes to the lease. Thus the lease was not ready for Board approval at the March meeting.
********************************************************
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. Landscape changes have been initiated and are anticipated to be complete in the near future. The city placed traffic counters in two locations on the loop to measure speeds after the concentrated enforcement effort. They found that the police presence did bring more drivers into compliance with the speed limit. The police plan to continue monitoring the loop. The city is continuing to collect data on intersection turning movements and side street volumes. This data will assist the city in making further decisions about individual intersection controls. The Traffic Services Department still anticipates presenting their final recommendations to City Council sometime this summer.
The Board members received a message from two residents who wanted to thank the Board and Anthem Council for the landscaping changes to the area of Sun City Anthem Drive and Hayden Creek Terrace. They commented that the traffic sight lines are vastly improved and it is significantly easier and safer to enter Sun City Anthem Drive from the west side of Hayden Creek and that a side effect may be reduced water costs.
********************************************************
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. Since last month, the concrete masonry unit walls (the 3 footers) are being constructed. The benches, shade structure, and the kiosk are on order. The rock walls still need to be varnished. Planting will be installed once the amenities have been installed. Assessment for the placement of boulders will take place once the project is complete. It is estimated that the Shadow Canyon access point is 80% complete. The overall project is expected to be completed by mid April.
********************************************************
Five of the six members of the Government Affairs Advisory Committee resigned at their monthly meeting. Al Tenner did not resign and has continued to provide information to the Board regarding bills being presented in the current Legislative session. In view of the mass resignation of committee members, a decision regarding whether the Board wants to continue to have this committee support the Board, will be postponed until after the new Board members are seated in May.
********************************************************
After the new Board members are seated in May, a Board workshop will be held for the new Board members to review the plan details and start to work on finalizing the Sun City Anthem business goals for approval.
Roz Berman
Board President