May 22nd SOA BOD Meeting Recap

Following is a recap of issues discussed and/or approved at the May 22th Somersett Owners Association (SOA) Board of Directors (BOD) Meeting (i.e., as interpreted by SU). Related Agenda items are noted. The full meeting Agenda may be accessed via the following link:

May 22nd BOD Meeting Agenda

4. Committee Reports

4.a  Finance Committee  –  1) The SOA’s final 2018 Audit is expected to be completed for presentation to the Board by the June BOD Meeting. This will include a reclassification of all Rockery Wall expenses to be reported as a singular item within the Audit. 2) Recommended approval of the revised expense policy (see item 7.e below). 3) Recommended that SOA management review areas within the current budget that can be deferred or eliminated due to legal expenses incurred by the James/McCullough case (see Item 6.a below).

4.d  Communication Committee – 1) Recommended development of a procedure for Charitable Organizations wishing to use SOA communication media for solicitations. That is, must be Somersett based consisting primarily of Somersett residents. Such organizations to be approved in advance by the Board as a “Somersett Group”. Communication Committee to work with SOA Management staff on generation of a procedure and recommendations for BOD approval. 2) Recommended approval of the D4 SOA website proposal (see item 7.f below).

4.e  General Manager Report – The General Manager Report is a rather lengthy document summarizing the previous month Association activities as compiled by the SOA Management staff. It generally includes: 1) Aesthetic Guidelines Committee and Community Standards Committee applications and hearings data, 2) The Club at Town Center (TCTC) events, activities and usage data, 3) SOA Communication media data, 4) Updates on Common Area maintenance, TCTC maintenance and Special Projects, 5) Vendor activity reports (e.g., BrightView Landscaping, Reno Green Landscaping and Padovan Consulting) and 6) Specific General Manager (GM) activities. Of particular interest are the GM activity and Padovan Consulting reports, which may be accessed via the following links:

May GM Activity Report         Padovan Consulting LLC., SOA Engineering Update, May 2019.

For those interested in all the details, the total monthly report is always contained within the SOA Board Meeting Packet, which is generally issued a few days prior to the Board Meeting and accessible on the SOA website under the Committees and Meetings page. Also via the Somersett Happenings email distribution. If you do not have login access to the SOA website or receive the Somersett Happenings emails you are encouraged to do so.

6. Old Business

6.a  Legal Updates – The monthly SOA Attorney “Legal Disclosure” letter to the BOD contained the following updates: 1) The SOA Attorney has filed a non-opposition to the James and McCullough motions for recovery of legal fees. SOA liability amount was not disclosed. (SU Note: Given the SOA legal fees of $284K through March 1st, it is not unreasonable to predict the James/McCullough legal fees could be in the $100K range) 2) Somersett Development Company et. al. Rockery Wall Lawsuit – The scheduled trial date of February 3, 2020 has been vacated along with all pretrial dates and discovery deadlines. Reset of these dates are to be determined as agreed to by the parties. No reason given for the delay with no discussion by the BOD on either item.

6.b  Rockery Wall Update – Seth Padovan provided a verbal update on the Rockery Wall project in which he advised the Gypsy Hill Rockery Wall repair was nearing completion (i.e., within two weeks) with some cosmetic work and landscaping yet to be accomplished. Monitoring and evaluation of other rockery walls continue. No subsequent repair work has been specifically identified or scheduled. However, some repair work may be required on a wall in the Wisper Rock area.

6.c  Discussion on Ventana Ridge Access Easement – Ventana Point LLC. has an approved residential development (Ventana Ridge) of approximately 57 homesites, which borders Somersett property at the upper end of Painted River Trail. In this regard, the Developer is seeking a permanent “Access and Utility Easement” through a small portion of Somersett property. As such they have submitted a proposal to the SOA to accomplish same. The Ventana Point LLC. proposal may be accessed via the following link, which also depicts location of the proposed easement.

Ventana Ridge Easement Proposal

This proposal was discussed and voted upon (although the Meeting Agenda only identified a discussion topic, not a proposal to be approved, therefore some might question the validity of this action) with the following results:

1) The Developer proposed price of $53,352 ($28,352 for land value and $25,000 for administrative costs) for the easement was not accepted. A motion to accept the proposed easement at a 150% increase over the proposed price was subsequently approved on a 4:1 vote. The lone dissenter was Board Member Jason Roland, who felt the land value quoted by the developer was not properly evaluated and that both the proposed and counter offer prices were significantly below actual market value. Additionally, that Developer alternatives to the Somersett easement proposal would be many times more costly, if not prohibitive.

2) Following the price approval, a second motion to hold off on sending a response to Ventana Point LLC was also approved. Basis was unclear to SU, but being a request for a permanent easement, perhaps some other legal action or approvals may be required.

7. New Business

The following items were all approved by the Board:

7.a  A Padovan Consulting LLC. proposal ($1,900 fixed price + T&M at $130/hr not to exceed $6500) for survey , RFP preparation and construction management services related to repair of Split Rock Trail low spot issues.

7.b  A BrightView Landscaping proposal ($16,351) for Gypsy Hill Trail Rockery Wall landscaping.

7.c   A Wadsworth Engineering change order request ($13,614) for additional Gypsy Hill Rockery Wall anchors to supplement those that did not pass inspections.

7.d  Nothing to approve on the Gypsy Hill Trail fire hydrant relocation (Note: A proposal by Gradex for $6,916 was previously approved at the April BOD Meeting). Just a comment that there may be some additional issues to consider.

7.e  A revised SOA Expense Policy. The revised policy may be viewed via the following link:

SOA Expense Policy

7.f  A D4 Advanced Media proposal ($1,980) for continued maintenance of the SOA Website.

9. Homeowner Comments

Included the following:

1)  An agreement with Board Member Roland that the proposed and approved price for the Ventana Ridge easement was significantly undervalued.

2)  A concern that the hillside along the Parkway entrance to Somersett was not being properly maintained. That falling rocks captured by the retaining ditch were simply being placed on the ditch berm rather than being removed as was apparently required under the original maintenance contract.