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HomeMy WebLinkAbout20260227Comments_1.pdf From: Cristina Jacuzzi To: secretary Cc: Dan Goodman; Dalila Martinez; Rachel Bonilla;Virginia Bradley Subject: Supplemental Timeline—Supplemental Timeline—Governance and Water System Record Clarification Date: Friday,February 27,2026 2:43:58 PM Attachments: Exhibit M Ryan resianation—July 18.2017 filina.Ddf Exhibit F3 Secretary of State amendment adding Ryan Martin to Southshore 2 Water comDanv..Ddf Exhibit L 2008 Email to DEO From Builder aivina Water riaht and Water System to HOA.Dna CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Dear Secretary, We are submitting the attached supplemental timeline and related exhibits to clearly outline the sequence of events concerning the Southshore Subdivision No. 2 water system. Our intention is to present the relevant governance transition, agency communications, water right transfers, and corporate filings in chronological order so the record may be reviewed in context. The attached timeline references previously submitted exhibits as well as newly provided documentation for ease of review. Please let us know if any additional information would be helpful. Sincerely, Cristina Jacuzzi Southshore Subdivision No. 2 HOA June 2008 — Builder Communication with DEQ (See Exhibit L — 2008 Email to DEQ From Builder) • Correspondence between the builder and the Idaho Department of Environmental Quality reflects that the builder considered operating the water system as a public water utility. • In that correspondence, the builder stated he did not intend to move forward with operating Southshore Water Company as a utility and indicated the water system would be given to the HOA rather than retained as a separate utility entity. 2013 — Public Water System Listing • The Public Water System was listed with DEQ as: • System Name: Southshore Water • Owner: Southshore 2 Water Company • At that time, the subdivision remained under developer control. March 2017 — Governance Transition • Declarant control ended. • First homeowner board meeting held. • Governance transitioned from developer control to homeowner control. • Ryan Martin was present at this meeting. • No documentation, discussion, or reference was presented at that meeting by Mr. Martin regarding the domestic water system, its ownership, conveyance, or separation. July 18, 2017 — Registered Agent Resignation (See Exhibit M— Ryan Resignation — July 18, 2017) • Ryan Martin filed a Statement of Resignation of Registered Agent for Southshore 2 Homeowners Association, Inc. • He ceased serving in an official registered agent capacity for the HOA. • He had served as HOA manager for the HOA for approximately four months. August 2017 — DEQ Public Water System Record Update (Exhibit L — DEQ Public Water System Record Update) • DEQ contacted Ryan Martin regarding updates to the Public Water System records. • At that time, homeowner governance was active and Ryan Martin was no longer serving in an official HOA capacity. • Ryan Martin requested that DEQ update the Public Water System records to list his business address as the system contact. • The HOA's governing address and board were not listed in the updated DEQ record. December 2017 — Water Right Transfers • In December 2017, Water Right No. 63-32259 was transferred from the lending bank to the builder. • In December 2017, the water right was subsequently transferred from the builder to Ryan Martin under the Southshore 2 Water Company structure. • These transfers occurred after homeowner governance had begun in March 2017. • The HOA was not notified of these transfers at the time they occurred. • No membership vote was conducted regarding separation of the water right from the subdivision. • No documentation has been located reflecting HOA approval of the transfer. January 2, 2018 • The December 2017 water right transfer was processed by the Idaho Department of Water Resources. May 7, 2018 — Registered Agent Change (Previously submitted as Exhibit F3— Secretary of State Amendment) • Registered Agent Change filed for Southshore 2 Water Company LLC. • Ryan Martin listed as registered agent. Property Record Observation • Recorded homeowner deeds reflect ownership of subdivision lots. • No recorded documentation has been located evidencing formal severance of the domestic water right from subdivision property prior to or at the time of the December 2017 transfers. Conclusions / Observations • Declarant control ended prior to the December 2017 water right transfers. • No documentation has been located showing formal conveyance of the domestic water system to the HOA at turnover. • No membership vote has been identified approving separation of the water system from HOA governance. • The water right transfers occurred after homeowner governance began. • The HOA was not notified of the transfers. • DEQ records in August 2017 were updated by Ryan Martin after he ceased serving in an official HOA capacity. • Recorded deeds do not reflect formal severance of domestic water rights from subdivision property. This supplemental timeline is provided to assist in evaluating whether regulatory records and authority alignment were consistent with the subdivision's governance transition. From: Cristina Jacuzzi To: secretary Cc: Dan Goodman; Dalila Martinez; Rachel Bonilla;Virginia Bradley Subject: Re:Supplemental Timeline—Supplemental Timeline—Governance and Water System Record Clarification Date: Friday,February 27,2026 2:49:36 PM CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Dear Secretary, Please note that the previously submitted supplemental timeline and exhibits are intended to be included in: Case Number: SSW-W-26-01 Southshore 2 Water Company LLC — Application for Certificate of Public Convenience and Necessity Thank you for adding this clarification to the record. Sincerely, Cristina Jacuzzi Southshore Subdivision No. 2 HOA On Fri, Feb 27, 2026 at 2:42 PM Cristina Jacuzzi<cristina-jacuzzi(a'gmail.com>wrote: Dear Secretary, We are submitting the attached supplemental timeline and related exhibits to clearly outline the sequence of events concerning the Southshore Subdivision No. 2 water system. Our intention is to present the relevant governance transition, agency communications, water right transfers, and corporate filings in chronological order so the record may be reviewed in context. The attached timeline references previously submitted exhibits as well as newly provided documentation for ease of review. Please let us know if any additional information would be helpful. Sincerely, Cristina Jacuzzi Southshore Subdivision No. 2 HOA June 2008 — Builder Communication with DEQ (See Exhibit L — 2008 Email to DEQ From Builder) • Correspondence between the builder and the Idaho Department of Environmental Quality reflects that the builder considered operating the water system as a public water utility. • In that correspondence, the builder stated he did not intend to move forward with operating Southshore Water Company as a utility and indicated the water system would be given to the HOA rather than retained as a separate utility entity. 2013 — Public Water System Listing • The Public Water System was listed with DEQ as: • System Name: Southshore Water • Owner: Southshore 2 Water Company • At that time, the subdivision remained under developer control. March 2017 — Governance Transition • Declarant control ended. • First homeowner board meeting held. • Governance transitioned from developer control to homeowner control. • Ryan Martin was present at this meeting. • No documentation, discussion, or reference was presented at that meeting by Mr. Martin regarding the domestic water system, its ownership, conveyance, or separation. July 18, 2017 — Registered Agent Resignation (See Exhibit M— Ryan Resignation — July 18, 2017) • Ryan Martin filed a Statement of Resignation of Registered Agent for Southshore 2 Homeowners Association, Inc. He ceased serving in an official registered agent capacity for the HOA. • He had served as HOA manager for the HOA for approximately four months. August 2017 — DEQ Public Water System Record Update (Exhibit L — DEQ Public Water System Record Update) • DEQ contacted Ryan Martin regarding updates to the Public Water System records. • At that time, homeowner governance was active and Ryan Martin was no longer serving in an official HOA capacity. • Ryan Martin requested that DEQ update the Public Water System records to list his business address as the system contact. • The HOA's governing address and board were not listed in the updated DEQ record. December 2017 — Water Right Transfers • In December 2017, Water Right No. 63-32259 was transferred from the lending bank to the builder. • In December 2017, the water right was subsequently transferred from the builder to Ryan Martin under the Southshore 2 Water Company structure. • These transfers occurred after homeowner governance had begun in March 2017. • The HOA was not notified of these transfers at the time they occurred. • No membership vote was conducted regarding separation of the water right from the subdivision. • No documentation has been located reflecting HOA approval of the transfer. January 2, 2018 • The December 2017 water right transfer was processed by the Idaho Department of Water Resources. May 7, 2018 — Registered Agent Change (Previously submitted as Exhibit F3— Secretary of State Amendment) • Registered Agent Change filed for Southshore 2 Water Company LLC. • Ryan Martin listed as registered agent. Property Record Observation • Recorded homeowner deeds reflect ownership of subdivision lots. • No recorded documentation has been located evidencing formal severance of the domestic water right from subdivision property prior to or at the time of the December 2017 transfers. Conclusions / Observations • Declarant control ended prior to the December 2017 water right transfers. • No documentation has been located showing formal conveyance of the domestic water system to the HOA at turnover. • No membership vote has been identified approving separation of the water system from HOA governance. • The water right transfers occurred after homeowner governance began. • The HOA was not notified of the transfers. • DEQ records in August 2017 were updated by Ryan Martin after he ceased serving in an official HOA capacity. • Recorded deeds do not reflect formal severance of domestic water rights from subdivision property. This supplemental timeline is provided to assist in evaluating whether regulatory records and authority alignment were consistent with the subdivision's governance transition. Exhibit L Koith Jacobs From: -FdHealleMd'�ahatld6rettOtiIDWreef.nrap 10: <kibchaal."efh q Idaho gov> (;c: `7Ce(th Jacdbe"-dtdsty),Wderphistsa.net- Sent: Monday.June 02 2000 328 PIA Subject: RE.SoiAiShofe Sub Ni Thee 1, i an responding to Itests 1 and 2 of your oinnents. Iteat 1: Because of the coeplications of trying to retain the water coepany, Hendershot construction will no longer retain SouthShorit Water Cc, but will turn it over to the hasuowners association. item 2: Hendershot construction has paid for all development costs is full qtp 44 dere. Ithe street paving, pressurized irrigation, landscaping, the well drillinc erd development of the well, etc.l The remaining costs, Ipusp building, pia® •quipsant) will be paid for from a cash account which I already have in place, the Money is in place ready to pay for the expenses I will Incur. Idaho Independent Bank Acet 0 460016736 "1.5/11/08 $73,414.48 Ed Hendershot Element 1:System Ownership arid kfanageme nt 1 It appetur that SoulhShore vrata Convany.LLC inlonda to wl+rn ow ierbbip and Lperaton of the water system Indr1frottsy,rattxu than tvn it ow.f to the homeowners Y that ei Nov intention.5o141�5ltom Ylator Company,I.LC web be operalnq as a public ttfily and wd1 need to obtain a CorfA.t_!rlirtn rd rubric C:onvononco aW NoresUy from the Idaho Puoic Unities C:omn4asion before the sytlent can bn camtructeLl. Gnnlact Jrc Leckie(334 0:1-401 a Randy Lobb(334 0350)NI the KJC for nhmnatnn Onto syslrm is k)be operated as is Wbtit:uttily,slAbnAldl al a ropy of the CxcuMd (:amftrahan o!PlA&fc Cdrym-n Nice and NecessiVy will be acvop(ad As m eating air requirements try cap„aI reserve,apdralinq budget and rate reformation 2. The nwner rmusl dornansUale the nbKty la pay Iv fire cost of tleei01194 livtndting.en(l construdritl all asi of the stLAwsion.Induding Ifle water system.A counfy or real estate assessment of the value of len4 and cvronl lmprovemia its cannot be used to nerr,onslratc the friancol abiity lu build Ile+(rplarf and asrr..oatad water syztrm. Thal Is bacause bts may or inmy not be saleable yr m LtAwtlt markol.In my ovont,ono vnbst of the wev 101 Is Irrelevant because the%)%teem uvirol be built f the 101 IS solo Confirmation of lkrnnciaf ability trnrel coma from lrqud assorts such as nosh.bank accounts,approved bank bans,and bras-ol-rrodd. The spreadsheets praAded in At irhmant III appear to show a conshuctivl coal for the water system atcnc of $1/4,357.50. it is not dear from the tkotdershol Construction,Inc.balanco shoots n Alarhinant III that liquid f urda or lines of credit are OBdicolod to the So ulhShn o II SulirliN non -----Original Message----- Iran: Mlchael.May@deq,idsho.gov (mailto:Nichael.Msyldeq_Idaho.gov) Sent: Thursday, May 29, 2008 1:22 PM Toe christyjalnterplus_nat Cc: YHendelshotllgwast.net 6/312009 PAP, Subject: Here is a courtesy PD/ copy of our consent letter, with original to follow by nei I. I an also attaching a copy of the 2006 Resign rile Note regarding TIT/ doauaants. Irate that the rule references in this DIN are outdated. Mike May Associate Engineer Idaho Dept. of Environmental Quality 14e5 North Orchard Street. Boise, Idaho 0I106 (2081 373-11S82 Exhibit M FILED EFFECTIVE STATEMENT OF 20 11 JUL 18 AM 8: 39 RESIGNATION OF REGISTERED AGWCkTARY OF STATE Title 30, Chapter 21 STATE OF IDAHO ouctwiric Pursuant to Section 30-21-410, Idaho Code, the undersigned submits for filing a Statement of Resignation of Registered Agent. 1. 1, Ryan Martin , submit my tname of registered agent) resignation as registered agent for the following entity on file with the Idaho Secretary of State. 2. The name of the entity is: Southshore 2 Homeowners Association, Inc. 3. 1 shall promptly furnish the represented entity written notice of the date on which my statement of resignation was filed. 4. The name and address of the person to which the notice will be sent is: Erik Sprengel 5460 W Franklin Rd, Suite B Boise, 1D 83705 Dated: J Signature: Printed Name: A VAA,) � Mail or deliver to: Secretary of State 450 N 411'Street PO Box 83720 Boise ID 83720-0080 FILE ONE COPY NO FEE REQUIRED g:lcorp4formslmiscformslresignation—registered—agent.pmd Rev.0912015 Exhibit F3 254 s AMENDMENT TO CERTIFICATE OF ORGANIZATION FILED EFFECTIVE N LIMITED LIABILITY COMPANY r$ Title 30, Chapters 21 and 25, Idaho Code 018JAN —3 AM 53 Base Filing fee: $30.00. Complete and submit the application in 1'cat SECRET/`iR' 03F S ATO p Pp Quy l 8 STATE OF ;D�a1HQ 1. The name of the limited liability company is: SouthShore 2 Water Company LLC 2. The date the certificate of organization was originally filed : 6/13/2012 3. The name of the limited liability company is amended to: N/A 4. The complete street and mailing addresses of the principal office is amended to: N/A i,ft�r=ilnc)n;;,,r�,r Itif ,^f_t;l? 5. The mailing address for future correspondence (annual reports) is amended to: NIA ` "Iti ef.s') 6. The name and address of the managers/members shall be amended as folloloi\ Add: Q Delete: ❑ Ryan Martin P.O. Box b ,r►�•�o,riq ID 836f:5-o Add: ❑ Delete: ® E. Don Hubble - 701 S. Allen St. #104, Meridian, ID 83646 Add: ❑ Delete: ❑ 7. Signature of a manager, member, or authorized person. Secretary of State use only Printed Name: E. Don Hubble Signature: �� 01_ Lt3;"2011.8 0-5; 00 Printed Name: Ryan Martin - Signature: Rev,0612016