January 27th BOD Meeting Recap

Following is a recap of some of topics discussed and/or approved at the January 27th Somersett Owners Association (SOA) Board of Directors (Board) Meeting, held via a Zoom Video Conference with Association members. The reader is referred to SU’s Post of  January 23, “January 27th Board Meeting” for a copy of the Meeting Agenda and supporting information derived from the Board Meeting Packet. Agenda Items are noted.

2.  Homeowner Comments on Agenda Items (paraphrased, not directly quoted and apologies for any misrepresentations)

  • A suggestion that the Board consider re-instating the Community Standards Committee wherein aesthetics issues can be discussed and addressed outside the AGC.
  • A request that the Board make available the SOA Attorney’s written opinion (quoted by the Board president at the January 13th meeting) that it is OK to take actions in opposition to SOA Charters and Policies and change them later.
  • With regard to item 8.c. that turnover of parcels to the SOA should not be accepted without a full assessment of its impact on general common expenses.
  • A complaint that Board is taking actions on agenda items not in compliance with NRS 116.3108. That is “The agenda for a meeting of the units’ owners must consist of a clear and complete statement of the topics scheduled to be considered during the meeting”. This with resect to the changes made to the membership of the AGC.
  • A concern that the new Board members are in a rush to revamp the AGC after living here such a short time and blaming previous Board and Committee members for items they find fault with.

4.  Committee Reports

 4.a. Budget & Finance

  • The Board approved the Committee recommendation to transfer money to the reserve funds on a quarterly vs monthly basis.
  • The recommended appointment of Paul Taybi to the Committee was tabled due to the receipt of five additional applicants to serve. The committee will evaluate all applicants and make recommendations to the Board at the next Board meeting.

4..b  Communications

  • The Board approved the inclusion of advertising on the SOA website. Advertisers will be screened, limited to certain categories and required to sign contracts. Targeted advertisers will include those currently advertising in the Somersett Living Magazine.
  • A recommendation that the SOA staff look into (investigate) implementation of a key card access system for TCTC was approved.
  • Bill O’Donnell was appointed as a Board member liaison to the Committee.

4.  West Park Garden

  • West Park Garden representatives are meeting every two weeks on planning for the Spring planting.
  • There are 116 applicant for the 50 garden plots – no date yet on when the lottery will beheld.
  • The Garden representative reported that there are not enough funds to accomplish their goals and are investigating fund raising activities to be presented at the next Board Meeting. The Board advised they are scheduling a meeting with the City of Reno to discuss availability of grants and funds ($30,000) still left over on the project.
  • Jacob Williams was appointed as a Board liaison to the Committee. A motion to reestablish the full West Park committee was tabled to be added to the next Board meeting agenda.

 6.  Unfinished Business

 6.a.  Legal Updates

  • No update on the status to the Preston Homes (SOA defendant) or Rockery Wall (SOA plaintiff) lawsuits.

6.b. American Geotechnical Proposal

  • Proposal was disapproved on a 2:2 plus 1 abstention basis. Proposal was for an inspection of rock walls constructed by Ryder Homes prior to turnover to the SOA. It was noted that these walls were built several years ago and were previously inspected by the builder, and that given the turnover process, nothing would be gained by these inspections.

6.c.  Smoke Guard Proposal

  • The $5,705 proposal from Smoke Guard of California to replace a defective smoke curtain and associated components at the TCTC elevator was unanimously approved.

6.d.  FireFly Court

  • No progress on the status of the FireFly Court trail access issue was reported. Board does not want to take unilateral action on this issue until they can meet with the new Sierra Canyon Board to be installed after the February 9th elections.

8.  New Business

8.a.  Slurry Seal Proposals

  • Two sealed bid proposals for Slurry Sealing of SOA roadways was postponed until next Board meeting, as they could not be opened under the current Zoom format.

8.b.  Robinson Engineering Proposal

  • This $6,600 proposal to prepare architectural/structural plans for a storage building was rejected in favor of going out to bid for a building to be engineered and constructed by a single vendor.

8.c.  Acceptance of Parcel C in WinterCreek from Lennar

  • Turnover of this parcel of land to the SOA was accepted. It represents a 5,402 sq. ft. unirrigated native land parcel at the corner of Scott Valley Road and Chimney Rock trail of no particular value. Apparently turnover of the parcel was missed in previous transactions.

8.d.  Padovan Consulting Agreement

  • The Board accepted the Master Service Agreement proposal from Padovan Consulting LLC for engineering services at a billing rate of $140/hour, with material costs reimbursed at cost plus 10%.

8.e.  P-Card Resolution for Club manager

  • Authorization of  a US Bank Purchase Card for the Club Manager was tabled pending additional information regarding the establishment of limitations as to its use.

8.f.  Revised TCTC Rules and Regulations

  • It appears that many are abusing the amenity reservation process (especially at the lap pool) to the detriment of others. Hence the following suggested addition to the TCTC Rues and Regulations “Management reserves the right to issue a two-week suspension of amenity privileges for any resident who has no-call, no-showed for amenity reservations more than twice in a row”. After discussion it was determined to be to harsh to suspend all amenity privileges and the rule will be amended to address suspension (with prior notice) of reservation privileges only.

8.g. Formation of a Community Events Committee

  • The Board approved the formation of a “Community Events Committee” comprised of owners, to propose and promote some community wide events (e.g., Music on the Green, Farmers Market, etc.). This to supplement the event planning by FSR. A charter will be developed and approved at a subsequent Board meeting.

8.h.  Stage Remodel Change Order

  • The Board approved a $10,544 proposal to add rubber flooring and mirrors to the TCTC Gym Stage conversion. This was apparently previously approved but in an amount that forgot to include this addition.

8.i.  NRS 116.31087, Homeowner Complaint regarding Board actions

  • A revisit of the allegation that the Board did not proceed properly at the previous Board meeting and were not transparent as to their intentions by not providing “A clear and complete statement of the topics scheduled to be considered during the meeting” and “A list describing the items on which action may be taken and clearly denoting that action may be taken on those items”. Again with regard to the AGC membership changes. The Board President took exception to the allegation and restated his opinion that the agenda item description was adequate enough to support their actions.
  • The Board President affirmed the right of homeowners to have certain complaints placed on the agenda, associated with an allegation that the Board has violated one, or more, of the Associations governing documents, but they needed to be specific in what provision(s) have been violated.

9.  Board Member Comments (paraphrased, not directly quoted and apologies for any misrepresentations)

  • Board President Mark Capalongan commented: 1) that they will not be handling Board member Bill O’Donnell’s propositions regarding Aesthetic Guideline changes on a case by case basis, but rather would review Guidelines collectively and recommend changes, Board member Hanson will lead this effort; 2) that his previous proposition regarding the elimination of drive-by compliance inspections, which had been tabled at the December Board meeting, would not be acted upon; 3) defended the qualifications of the remaining two paid professionals on the AGC as meeting the CC&R requirements and stated it was a closed issue; and 4) asked owners (with regard to their comments and complaints) to allow the Board to conduct its business with minimal interference.
  • Jacob Williams addressed the issue of citations that were given to owners on the raising of concrete sidewalks, with apparently a 14 day notice to correct. He advised that these citations will be deferred to a later date. It appears most result from trees planted by developers and a discussion is needed by the Board to see what is fair and what is not fair in this circumstance.
  • Bill O’Donnell, while extolling the virtues of the Board, criticized homeowners for their “comments, complaints, roadblocks, abuse, creating havoc, wanting to make money off us, ignoring the facts, and that is wrong, so give us a chance”.
  • Simon Baker and Craig Hanson both seconded the concern raised by Jacob Williams on the concrete sidewalk issue.

10.  Homeowner Comments (paraphrased, not directly quoted and apologies for any misrepresentations)

  • A comment on implementation of the “Dark Sky” policy within Somersett. That bistro lights on patios or outside of homes are very bright and not in keeping with dark sky objectives. Also, that the SGCC should turn off their bistro lights no later than 9:30. In response, the Board president advised that the current policy would be looked at as part of the Aesthetic Guidelines review. Board member Williams questioned where the basis for Somersett’s dark sky designation came from, as apparently we are not listed as a Dark Sky Community anywhere.
  • A concern that the new Board Members were; 1) not properly researching past policies and why they were initially put in place, 2) their policy of a kinder approach to owners only applies to those who agree with them, 3) taking action on items not properly identified as an agenda item, and 4) showing preferential treatment to the $1M+ homeowners.
  • A comment on dogs running free destroying property and killing wildlife, especially in the Canyon9 areas where two black Labs killing ducks were witnessed. Complained that calls to the Association office accomplish nothing. Also, that some rental homes were not being properly maintained and that “compliance coordinators” needed to pay more attention to rental properties
  • With regard to the FireFly Court trail access, a comment that all the perinate controlling documents would require its re-opening and that it is simply a matter of enforcement.
  • A procedural comment on whether or not the Board could take action on a Committee recommendation that was not identified as an agenda item or previously identified within a Committee report contained in the Board Meeting Packet. An opinion that the Board was not consistent here, as some were acted on and some deferred until the next Board meeting. This in relation to other owner concerns about appropriate agenda item descriptions. This was followed by a response from Board member O’Donnell criticizing the commenter (in very ungracious terms) for being critical and to give the Board some latitude.

SU Editorial Comments:

  • SU does not question the new Boards motivation for change and that their objectives are less than honorable. However, they need to realize that not all will necessarily agree with their objectives, methods, or need for a change, and for a Board member to criticize and dismiss those that they believe are getting in their way is both disrespectful and disingenuous. Homeowners that follow Board meeting actions are generally in a group that are just as concerned about the health of the community as Board members (maybe more so) and will not be intimidated to not speak up in opposition to Board actions when felt necessary, or conversely to support Board actions as well.  It has always been that way!
  • For those interested in viewing and listening to all the proceeds of the January 27th Board meeting, a video recording is available on the SOA website, www.somersett.org, under the SOA Board and Committees/The Board of Directors tabs (log-in required)