June 26th SOA BOD Meeting Update

The previously published Agenda for the June 26th Somersett Owners Association (SOA) Board of Directors (BOD) Meeting has been updated to include additional items. The BOD Meeting Packet supporting the meeting is also now available on the SOA website at www.somersett.net under the SOA/Committees & Meetings tab. The revised meeting agenda may be accessed via the following link:

June 26th BOD Meeting Agenda – Final

Details associated with the meeting agenda items, as derived from the BOD Meeting Packet, follow:

SOA Committee Reports:

4.b. Strategic Planning/Facilities – Committee members met with NVEnergy to explore energy use reduction opportunities and leveraging monetary incentives. Recommended appointment of Jaime Villarino and Steve Cader as new Committee Members

4.e.  AD-HOC  Water Committee – New Committee entitled “SGCC and SOA Water Management Advisory Committee”. See Agenda item 7.e below.

4.f. General Manager Report – Of particular interest in the monthly GM Report is the following:

  1. Executive Session Summary (for those who were concerned about what this “emergency” session entailed). “During the June 14, 2019 Emergency Executive Session, the Board discussed a matter related to on-going litigation. At the June 26, 2019 Executive Session, the Board will review the AGC and CSC Committee meeting minutes, discuss legal matters, review delinquencies, collection matters, fine waiver requests, and conduct hearing appeals.”
  2. SOA Engineering Projects Update – Accessible via the following link:  June 2019 SOA Engineering Update

Old Business:

6.a.  Legal Updates – 1) See previous SU post of June 19th “Rockery Wall Litigation Update (5)” for current status of this lawsuit. 2) Now that the “Northgate Neighbors” lawsuit has been adjudicated, the only remaining open issue is the amount the SOA will be liable for reimbursement of the Plaintiffs (James and McCulloch) legal fees. Although not yet determined, SU has indications it will be in excess of $100K. 3) A homeowner complaint filed with the Court, alleging that the SOA acted improperly with regard to owner implemented architectural changes, is scheduled for trial on December 9, 2019. Case is being handled by the SOA’s Insurance carrier.

6.b.  Rockery Wall Update – See the Engineering report referenced to under Agends Item 4.f above. The SOA’s consulting engineer, Seth Padovan, will also give a verbal report.

6.c.  Finance & CSC Charters – Proposed revisions to the Finance & Budget Committee (committee membership clarifications) and the Community Standards Committee (also membership clarifications) Charters will be considered. Proposed revisions are available via the following links:

Finance & Budget Committee Charter                Community Standards Committee Charter

6.d  Easement Access Offer for Ventana Ridge – At the May 14th BOD Meeting, The Board approved (on a 4:1 vote) a counter offer to the Ventana Ridge proposal of $53,353 for some access rights through a small undeveloped portion of SOA property (see SU post of May 25th “May 22th BOD Meeting Recap”, Item 6.c for details). Apparently the BOD feels that some additional discussion on the counter offer amount is in order.

New Business:

7.a.  CartBarn Proposal to Repair or Replace Golf Cart – Two proposals under consideration: 1) A new cart at $8,740, or 2) A used cart at $5,019. Board Packet did not address intended use or condition of any existing cart(s).

7.b.  Brightview Proposal for Tree Replacement – Calls for replacement of 100 dead or “missing” trees, primarily along the Somersett Parkway, at a proposed price of $20,468.

7.c  EPS Proposal for Lower Parkway Shelf Clean Up – A $18,500 proposal for removal of accumulated and fallen rock twice per year including quarterly inspections.

Note:  With regard to Items 7.b and 7.c above, per a recently approved SOA Expense Policy: “Those items over $12,000 will generally be sent out to bid and reviewed by the Board of Directors for approval”. Will that be the case here?

7.d.  Kane Proposal for Crescent Point Rockery Wall & SBE Slope Stability Monitoring – Extends SOA rental of monitoring equipment for another year (June 2019 – June 2020) for a proposed price of $8,500. Includes system maintenance and a one time visit to insure proper equipment operation.

7.e  AD-HOC Water Committee Mission Statement and Goals – At the March 27th BOD Meeting, the Board approved the formation of an Ad-Hoc committee, consisting of Board members Tom Fitzgerald and Frank Leto, with an objective to meet with SGCC representatives and reach agreements on maintenance of the “Water Facilities” supplying water to the SGCC and Canyon9 Golf Courses. A “Mission Statement & Goals” document for this committee was prepared for discussion and approval, a copy of which is available via the following link:   SGCC and SOA Water Management Advisory Committee

Note: See SU Posts of March 12th entitled “SOA and SGCC Water Facilities Agreement” and March 11th entitled “Golf Course Water Supply System Report” for the details behind formation of this committee, which, perhaps, the SOA Board felt necessary to insure that the SGCC lives up to its responsibilities under the SOA/SGCC Water Facilities Agreement.

Rockery Wall Litigation Update (5)

Somersett United’s last update on the Rockery Wall Litigation was published on March 28th, 2019. So what has transpired since then? Basically the following: 1) A series of Summary Judgement Motions filed by the Defendants, 2) Oppositions to these Motions filed by the Somersett Owners Association (SOA), and 3) Defendant Responses to the SOA Oppositions.

What is a Summary Judgement? Per Merriam-Webster “a judgment that may be granted upon a party’s motion when the pleadings, discovery, and any affidavits show that there is no issue of material fact and that the party is entitled to judgment in its favor as a matter of law”.

The purpose of the summary judgment process is to cut down on unnecessary litigation by eliminating without trial one or more causes of action in a complaint. Matters of Law that have been stated by the Rockery Wall litigation defendants as providing the basis for a summary judgement in their favor include the following NRS Statutes:

  • NRS 11.202, which establishes a six year statute of limitations
  • NRS 40.668, which precludes actions against a master developer for defects in appurtenances constructed on their behalf by licensed contractors.
  • NRS 78.585, which establishes a three year limitation on actions against a dissolved corporation.

A reading of the above statutes may be accessed via the following link:   NRS Statutes 11.202, 40.668 & 78.585

With regard to the Summary Judgment Motions, on May 8th, 2019 a “Stipulation and Order to Vacate Trial Date and Case Deadlines” was filed and stipulated to by all parties, wherein it states: “THEREFORE, for purposes of efficient use of resources, the parties agree that good cause exists to vacate the trial date and all discovery deadlines until a ruling is made on the pending motions.” Also that “IT IS FURTHER ORDERED that the Parties are to meet and confer within ten (10) days of the Courts ruling on the aformentioned Motions in order to reset discovery and trial deadlines, and coordinate with the Court the resetting of the trial, if necessary”. No indication to date as to when the Court will rule on the Summary Judgement Motions. Note that the original trial date was scheduled for February 3, 2020.

A full reading of the aforementioned Stipulation may be accessed via the following link:   Stipulation and Order to Vacate Trial Date

A history of past events and related documents are available via the following previous posts:

In a related issue, also to be determined are future legal actions against the Somersett Golf & Country Club (SGCC) by the SOA for recovery of SOA funds spent for Rockery Wall failure repairs adjacent to the SGCC’s Hole 5. For expeditious reasons, required repairs were initiated and paid for by the SOA. However, the SOA contends that the SGCC is liable for these repairs under the 2014 Real Property Purchase Agreement’s Warranty and Property Maintenance Provisions. Although started, legal action was placed on hold until June 30th, 2019 by a mutually agreed upon “Tolling Agreement”. Given that June 30th is just a few days away, will the Tolling Agreement be extended, or will the SOA now proceed with legal action against the SGCC?

Perhaps both these issues will be discussed (doubtfully) in conjunction with the “Legal Update” agenda item for the June 26th open BOD Meeting.

June 26th SOA Board Meeting

The Somersett Owners Association (SOA) Board of Directors (BOD) open meeting is scheduled for Wednesday, June 26, 2019 at 5:30 PM at The Club at Town Center (TCTC) Sports Court. The Meeting Agenda may be accessed by clicking on the following link:

June 26th BOD Meeting Agenda (Draft)

This is a “Draft” agenda published by the SOA. When the final agenda is published along with the corresponding Board Meeting Packet, an update with additional details will be provided on this website.

Executive Session Comments and Posts

For his comment, thanks to Mr. Retter for clearing up what the “Emergency” Executive meeting was all about. Perhaps if the BOD had addressed in general the purpose of the meeting at the time of the announcement,  some of the negative speculations could have been avoided.

As for his determination that Mr. Bower has a “paranoid” attitude toward the SGCC, he like Mr. Bower is entitled to his opinion. However, it is evident that many Association member attitudes regarding the SGCC are based on past history, true that is now water under the bridge, but memories linger on.  Hence some concern over the ongoing issues with the SGCC related to Rockery Wall Failure and Water Supply System liabilities.

In response to Mr. Retter’s closing comment: “And the fact that Somersett United propagates these statements of misinformation makes me wonder about their objectives as well”, SU would like to remind Mr. Retter that this is a “Blog” site wherein Association members posts and comments are welcome and unedited regardless if SU agrees with them or not. As stated on the SU website “About” page:

Somersett Association Members who wish to submit an article for Posting may do so by emailing it to somersettunited@gmail.com. Submitted Posts should not be longer than 400 words (flexible), in good taste and without engaging in personal attacks or use of profane language. Articles submitted for Posting must contain a Title and the name of the Author. Article content should be limited to issues pertaining to Somersett Community affairs.

Reader comments on Blog Posts are also solicited. To leave a comment, simply click on the “leave a comment” or “comment” link at the end of each Post, fill out the “leave a reply” box and submit. All comments are subject to moderation before posting. That is, only to insure no libelous or profane content, if so, the commenter will be notified and asked to reword and resubmit. Commenters names are preferred. However, if confidentiality is desired for any reason, anonymous or pseudonyms may be used.

As also stated on the About page, SU’s objective is to:

    • Be proactive in supporting initiatives that we believe to be in the best interest of Somersett owners and residents.
    • Provide a place where important issues are posted and open for comment.
    • Establish an open forum for all Somersett owners to voice their opinions and become involved in community affairs.

EMERGENCY EXECUTIVE SESSION

The following article posted by Joe Bower, SC Owner & SOA Member:

What’s up Doc? Who knows? Something going on related to the private Somersett Golf and Country Club?

Homeowner associations are corporations. The homeowners/unit owners are the members of the corporation. The thrust of Chapter 116 of the Nevada Civil Code aka Nevada Revised Statues (NRS) which governs associations is to have business of the corporation conducted as openly as possible. Accordingly, most association business is conducted at open session board meetings to which members may attend.

NRS 116.31085 permits some association business to be conducted behind closed doors, i.e. in executive sessions, due to its sensitivity and to protect the individual privacy of association members. Routine executive sessions are held every month. Emergency executive sessions are seldom held.

To paraphrase NRS 116.31085 the ONLY topics allowed for executive sessions are:

(a) Consult with the attorney for the association on matters relating to proposed or pending litigation;

(b) Discuss the character, alleged misconduct, professional competence, or physical or mental health of a community manager or an employee of the association;

(c) Discuss a violation of the governing documents, including without limitation, the failure to pay an assessment;

(d) Discuss the alleged failure of a unit’s owner to adhere to certain schedules relating to the design, construction, occupancy or use of a unit or its improvement;

(e) Hold a hearing on an alleged violation of the governing documents unless the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted.

Which of these would any private golf club matter fit into. Maybe (a) or (c)???

Any matter discussed in executive session must be generally noted in the minutes of the open session. That means the topic excluding any names and addresses of persons involved. So Doc, we’ll wait and see.

SU Editorial Note: Mr. Bower seems to believe that the emergency session may relate to a Somersett Golf & Country Club issue. However, SU has no information in this regard. Perhaps something related to the Rockery Wall lawsuit, where motions by both plaintiffs and defendants for summary judgments have been recently filed with the Court.  Since the meeting announcement did not address any subject matter, only time will tell!

Somersett Golf & Country Club 2018 Financial Summary

The following table represents a summary of the Somersett Golf & Country Club’s (SGCC) revenue and expense data for the years following turnover from the Somersett Developer to its Equity Members. The table has been updated to include the 2018 financials. All financial data contained in the following table are derived from the SGCC’s IRS Form 990’s, which require submittal by May 15th of the following year and become available for public inspection. The SOA Revenue Column represent monies provided to the SGCC from Somersett Owners Association (SOA) funds as indicated by the corresponding “Notes”. Given the SOA’s investment and liabilities associated with the Real Property Purchase Agreement (see Note 5), the SGC’s financial health may be of interest to many Association members.

 

 

 

 

 

 

 

 

 

 

* Full proprietary membership with voting rights, does not include non-permanent provisional or preview memberships

Table Notes:

  1. In the Fall of 2010, the Somersett Development Company negotiated early turnover of the SGCC to its Equity Members via Member majority vote.
  2. First year in which the SGCC was run entirely by Equity Members.
  3. In late 2011, the Developer controlled SOA Board voted to divert $15/month of homeowner assessments to the SGCC via a “Lease Agreement” in exchange for some SGCC access amenities. Agreement was to run for three years starting in January 2012 with optional 3 and 4-year renewal periods. The obvious purpose being to offset SGCC operating losses.
  4. SOA Revenue column represents the revenue the SGCC derived in years 2012, 2013 and 2014 from the SOA under the Lease Agreement described in Note 3 above. 2014 was the last year under this agreement after being declared improper by the Nevada Real Estate Board.
  5. As a replacement for the aforementioned Lease Agreement, in late 2014, a SGCC Real Property Purchase Agreement was approved by SOA owner majority vote. Under this agreement, the SOA purchased the SGCC land and water rights for $2,750,000 with a subsequent leaseback of the land and water rights to the SGCC at a base rate of $1000/year (subject to escalation) plus a fixed rent amount of $1200/year. Lease term is for 50 years with two SGCC optional 20-year renewal periods. SOA purchase funds were obtained via bank loan paid for via homeowner assessments.
  6. The SGCC 2015 negative revenue less expense amount was primarily due to the $2,750.000 sale price income (see Note 5) minus a reported sales expense (asset loss) of $4,294,781.

For those interested in the details associated with the listed 2018 revenues and expenses, the SGCC’s complete 2018 Form 990 may be accessed via the following link:

SGCC 2018 Form 990

Comments:

  1. Although far short of the 450 equity member goal, the SGCC continues to increase its equity membership, which is now at 293 or up 37 from the previous year.
  2. The SunSett Grille appears to be doing much better as the SGCC’s Food & Beverage revenue is up $330K over 2017. If you haven’t already been there, give it a try.
  3. The SGCC’s $313K in revenue derived from the SOA via the Canyon9 maintenance contract was not in effect for 2018. The contract for 2018 and 2019 was awarded to Reno Green on a cost basis. It is unclear how this may have contributed to the increase in the 2018 negative revenue less expense amount.
  4. Yet to be determined is SGCC’s financial liability for the Rockery Wall failures on property leased from the SOA by the SGCC under the 2014 Real Property Purchase Agreement (i.e., the SGCC Hole 5 hillside failures). For expeditious reasons, required repairs were initiated and paid for by the SOA. However, the SOA contends that the SGCC is liable for these repairs under the Purchase Agreement’s Warranty and Property Maintenance Provisions. Although started, legal action was placed on hold until June 30th, 2019 by a mutually agreed upon “Tolling Agreement”, under which the SGCC is paying the SOA $500/month to help offset loan interest fees. It is assumed that the Tolling Agreement was put in place pending results of the ongoing Chapter 40 lawsuit against the Somersett Development Company et. al. However, given that June 30th is just around the corner, and the Chapter 40 lawsuit is still unresolved, will the Tolling Agreement be extended, or will the SOA now proceed with legal action against the SGCC?
  5. Also, to be determined is the SGCC’s future liabilities associated with required repair/replacement of the Canyon9 and SGCC Water Supply System components, which have been estimated as high as $700K over the next five years. The SGCC’s responsibilities in this area are fully defined under the Waiter Facilities Agreement between the SOA and the SGCC. Given that the vast majority of the total water supply is for SGCC course irrigation, the majority of the repair and replacement costs will become the responsibility of the SGCC. This issue is currently under discussion between the two parties regarding liabilities and repair timing.

Somersett West Park Contract Award

Item C.5 On the Reno City Council & Redevelopment Agency Board Meeting (Wednesday June 12th, 10:00 AM, Reno City Council Chamber) is quoted as follows:

C.5. Staff Report (For Possible Action): Award of Contract to Spanish Springs Construction for construction of Somersett West Park in the anount of $!,734,444. (RCT District 2 and Various Grant Funds)

a. Bid Opening and Award – STAFF REPORT
b. Vicinity Map

Regarding item a, bid details are available via the following link:   Bid Opening-Somersett West Park

This is obvious good news for Somersett residents (hopefully no obstacles will arise in contract award), who have long awaited construction of this park as required under the Somersett Planned Unit Development (PUD).

Funds for park construction come from the City of Reno (new construction revenue), organizational grants and private donations. Total budget for the park, as currently designed, has been estimated at $1,500,000. The City of Reno’s portion being approximately $850,000, which leaves the gap to be filled via grants and donations. Current grants include $200,000 from Nevada State Parks through the US Land & Water Conservation Fund, and $25,000 obtained by the Somersett Owners Association from the “Petsafe Bark for Your Park” program. For donations, the SOA has partnered with the Truckee Meadows Parks Foundation (TMPF) for support. Those wishing to donate may do so via the following TMPF website, which also contains a description of the park.

www.tmparksfoundation.org/somersett-west-park

Note that one has the option of donating to an overall General Park Fund or, if so desired, directly to a specific amenity (i.e., Park Equipment, Pavillion, Community Garden, Dog Park or a Memorial Paver). How much has been raised to date is not indicated on the referenced TMPF link. However, it has been previously reported that a shortfall still exists between the total project budget and currently available funds, therefore requiring a “phased” construction approach. Perhaps one of our readers (e.g., SOA Board Member, Management Staff ot Ex West Park Committee Member) can provide some additional input here.

Gypsy Hill Rockery Wall Photos

Per the SOA, the Gypsy Hill Trail Rockery Wall Repairs are now completed, except for landscaping the tiers.  Photos, from top to bottom, depict: 1) Shotcrete installation, 2) Wall anchor locations, 3) Completed wall with decorative overlay (not too bad looking by itself) and 4)  Repaired wall compared to original wall (what do you think?)