May 12th SOA Board Meeting Recap

recap 1

Following is a recap of topics discussed and/or approved at the May 12th Somersett Owners Association (SOA) Board of Directors (Board) Meeting. Meeting was sparsely attended with only about eleven owners signing on for the zoom video conference.

The reader is referred to SU’s previous post of May 11th, 2021 “May 12th SOA Board Meeting” for a copy of the Meeting Agenda. A recap of items discussed with agenda items noted follow:

2. Homeowner Comments on Agenda Items (paraphrased with apologies for any misstatements)

The owner of property affected by Agenda item 6.b. “1880 Dove Mountain, Common Area Slope Repair” gave a scathing indictment on the manner in which the Board has handled this project. From the way they rejected the original bids (i.e., based on a perceived violation of the bidding process), to re-defining the scope of work, which is now (according to original vendor) insufficient to completely stabilize the slope, hence a no bid on their part. Also,  that the current Board has ‘blown up” the process resulting in unreasonable delays.

In an email to the Board read at the meeting, an owner expressed concerns and commented on the following items:

  • With regard to the internal management issue there are many questions that need to be addressed, but the Board appears to come to public meetings with a predetermined outcome in mind, representing a lack of transparency and non-engagement of owners in the process of moving forward to an internal management structure.
  • That all documents created in the internal management evaluation process be published for owner viewing and that the Management Consultant’s findings and recommendations be made public for 30 days before the Board votes for any changes.
  • The lack of information in the Board Meeting Packets on business items for owners to review and comment on.
  • The lack of multiple quotes (single sourcing) for capital upgrades, referenced the Management Consultant and Pool Spare Parts proposals as examples.

An owner questioned what constituted a quorum of the Board to conduct business in light of Board member Hanson’s resignation. The SOA’s Bylaws require 66% of Board members present at a meeting to constitute a quorum. Given that there are currently only four active Board members a quorum would require three members present. However, the SOA Board membership is currently established at five, therefore would a quorum of four be required?

SU Note: Subsequent to the meeting, the Board sought a legal opinion on the quorum requirements. It was determined by the SOA Attorney, and backed up by Nevada Real Estate Division opinion, that a quorum of members is determined by the actual number of Board members entitled to vote and not the number of seats available. Therefore with four sitting Board members a quorum, per SOA Bylaws, would be 66% of four (2.64) or three Board members.

3. April 28th, 2021 BOD Meeting Minutes

The minutes of the April 28th Board meeting were approved with no amendments. See SU Post of May 2nd, “April 28th SOA BOD Meeting Recap” for a summary of the April 28th meeting.

4. Committee Reports

4.a. Budget and Finance – No direct report from this Committee was submitted for discussion or action. However, the Board Treasurer (Simon Baker) summarized the March financials under this agenda item. Also, Board member O’Donnell commented that the published financial reports do not contain the level of detail necessary to view income/expenses related to specific TCTC activities (used Kids Movie Night as an example). Mr. Baker advised that this type of data was not appropriate for summary reports but could be made available to the Finance Committee if so requested.

4.b. Communication – Nothing new to report

4.c. Strategic & Facilities – No formal report from this Committee. However, Board member Williams summarized the status of a number of activities completed and/or underway by BrightView.

4.d. West Park Garden – Nothing new to report. However, the Community Garden officially opened on Saturday, May 15th. Somersett residents are encouraged to check it out.

4.e. Community Events – 1) Spring Social is sold out, 2) Due to the complexity and staffing requirements of the July 10th Car Show, the Board approved the formation of a sub-committee to specifically support this event, 3) Kathy Wild was approved as a member of the Committee, and 4) As a result of the owner survey results, six new events have been added to the Somersett Events calendar, which can be viewed on the SOA’s website (www.somersett.org) under the Events/Somersett Events page.

4.f. General Manager – 1) FirstService Residential (FSR) has hired a staff member to support AGC activities, and 2) It was announced that the FSR Assistant GM Herc Heinle will be leaving with his replacement yet to be determined.

5. Financials – The March financials were approved.

6. Unfinished Business

6.a Legal Updates – Nothing new to report on the Preston Homes lawsuit. On the Rockery Wall appeal, final oral arguments were presented by the parties to the Court on May 4th. A ruling on such is expected within in the 1 – 6 month time frame.

6.b. 1880 Dove Mountain, Common Area Slope Repair – The Board approved a bid from Parsons Walls in the amount of $7500 to repair/extend the Rockery Wall on the affected slope. Apparently this was the only vendor willing to bid on this project.

6.c. Snack Bar Update – Required equipment list to support the proposed  Snack Bar operations is still being finalized and where to purchase at the least cost. The Snack Bar equipment purchases along with facility repairs and upgrades is expected to come in well under budget.

SU Note: SU has obtained a copy of the Commercial Lease Agreement with the Peavine Tapehouse for operation of the Snack Bar, a copy of which may be viewed via the following link:  Peavine Taphouse Commercial Lease

Per the “Lease Payments” provision of the Agreement,, the SOA will derive no revenue from sales or property rental. Rather a single lease payment of $2,000 at the end of the season, but only if Snack Bar sales exceed $20,000.

6.d. Village at the Greens Common Area Turnover – Action from this item was deferred from the April 28th Board meeting to address some “punch list” concerns. Concerns were addressed positively and turnover of common area to the SOA was approved.

6.e. Pool Reserve Parts Inventory Purchase – Holdover item from previous Board meeting to allow time to explore options to the SOA purchasing spare parts directly from Pool vendor. Action again tabled pending additional information.

7. New Business

7.a Community Events Committee Request for Additional Funds – Th Board approved the addition of $15,000 to the Committees budget.

7.b. Approval for Gate Extension on Hole 18 Trail – It was not clear what street is at issue here, but apparently Somersett Country Club members wanting an alternate access to the clubhouse from the golf course are driving around a private street gate using the sidewalk and in the process intruding on owner property lawns. There was a request to extend the street gate to prevent access. However, as an option, the Board approved up to $4,000 for installation of a sidewalk barrier to prevent cart egress.

7.c. Update on Management Options Study (informational only) – The management consultant (Nancy Kerry) engaged by the Board at the April 14th Board meeting, summarized her first report to the Board, noting contacts she has had discussions with on SOA management options. . The total report is available via the following link:  Analysis of Management Options

7.d. Discussion on Resolving the Status of the Open Board Seat – After some discussion on the options for filling the open position on the Board (i.e., special election, appointment or leave vacant until the next Board election), the decision on how to proceed was tabled until the next Board Meeting. This pending a legal ruling on what constitutes a quorum if the position is left vacant.

7.e. Kids Club Program, costs and whether to make this for Somersett Residents Only – This question was apparently raised because of a concern that not enough Somersett residents were opting into participation in the Kids Club programs, especially the before and after school child care programs. This with the realization that revenue from these programs were also used for other TCTC events. There was a discussion on how the funds were handled on the individual programs and that each should be self supporting with regard to income and expenses. It was universally agreed upon that child care assessments should not be used to help fund other TCTC programs. Bottom line was that the revenue/expenses on the individual programs should be looked at individually for changes in the budgeting process for 2022. It was also reported that enough sign-ups for kids programs are now being acquired to preclude extension to non-Somersett residents. However, no motions or decisions in this regard were proposed.

7.f. Proposal to Purchase a Small Section of Artificial Turf of Sommer Events at the Town Center – A proposal from Artificial Grass Recyclers in the amount of $7106 for 6600 sq. ft. of Artificial turf to be installed on the SOA property (currently unused) adjacent to the Town Center commercial buildings. This to evaluate the use of artificial turf in general as a common area drought solution as well as use for community events and owner applications. However, in lieu of this proposal, Board member O’Donnell proposed acceptance of an offer from Top Tier Turf Co. for purchase of 6000 sq ft of upgraded turf at $1.49/ sq. ft. With a buy back option of $0.99/sq. ft. in the event the SOA was displeased with its use. Also with some promised community advertising benefits. Apparently BrightView will clear the brush from the determined 6000 sq. ft area at no cost to the SOA, but it was unclear who, or how much, it would cost to actually prepare the ground and lay the turf. The Board approved the Top Tier Turf purchase at $9,000 with a provision that the SOA will conduct an owner survey as to usage, including a revision of the Aesthetic Guidelines to permit front yard installation in lieu of sodded grass..

7.g. Board Appointment to Open Liaison Positions on Committees – Mark Capalongan was appointed as Board liaison to the Communications Committee and Bill O’Donnell as Board liaison to the Community Events Committee. Also, Rob Jordan was approved as a member of the Strategic & Facilities Committee.

9. Homeowner Comments (paraphrased with apologies for any misstatements)

A comment appreciating the Board looking at use of the common area adjacent to the commercial buildings for community events. However, being an unshaded area, artificial turf can become unbearably hot in the summer, making it unsuitable for community use. The Board needs to do its due diligence in this regard.

Melissa Loving addressed the open Board position by volunteering to serve in this capacity. But noted that this probably would not be accepted because the Board apparently does not want members with dissenting opinions. Whereas, Ms. Loving’s offer could not have been acted on at this time. it was essentially put aside without direct acknowledgement, except that she could always run for the Board in November.  Ms. Loving also voiced support for the Board’s actions with regard to the artificial turf issue.

SU Note: SU does not normally publish the names of Homeowners commenting on agenda items due to the  potential for mis-quoting, among other reasons. However, in this case, because of Ms. Loving’s offer to be appointed to serve on the vacated Board position, we felt it appropriate to identify her.

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