Fossil Creek

Fossil Creek Board News

Revised Board Charter

Your previous board established a charter outlining our priorities in service to our community and determining how we would best interact with each other and the community at large. With the formation of a new board with new officers, your board revised that charter. Perhaps the largest change was the addition of our promise to work more closely with our neighbors to ensure all their voices are heard when the board acts on everybody's behalf. Following is the revised charter as adopted by your new board...

Board Purpose: Provide oversight management of the Fossil Creek development. Specific activities include, but are not limited to:

? Regular interaction with property owners to stay current with their views and needs.
? Represent property owners interests with state, county and city governments
? Set operating and capital reserve budgets. Monitor expenditures versus budget and set property owner assessment rates to support forecasted requirements.
? Maintain, interpret and enforce Fossil Creek Covenants.
? Select contractors and monitor their performance.
? Conduct periodic board and annual general meetings that provide a forum to discuss and resolve Fossil Creek issues.

Prepared by: Eric S. Johnson

Authorized By: Fossil Creek Bylaws and Covenants. Board membership is determined by direct election in a
quorum of property owners. Each member serves a three-year term.

Current Membership:
Eric Johnson, Board President – August 2003 to August 2006
Gary Ploetz, Secretary – January 2004 to August 2005
Susan Nelson, Treasurer – August 2003 to August 2005
Steve Alderman, Director – August 2004 to August 2007
Robert Sedillo, Director – August 2004 to August 2007

Board of Directors Objectives:

? Preserve the beauty and quality of life of Fossil Creek.
? Promote communication and goodwill among Fossil Creek property owners.
? Avoid financial shocks and minimize costs to the property owners through responsible financial management practices.


Estimated Cost/Resources:
Five Fossil Creek residents each voluntarily serve an average of five to ten hours per month. Property owners also serve in a voluntary capacity on permanent or temporary committees formed to address specific areas of interest.



Roles & Responsibilities:

President – Organizes and directs board meetings and annual general meetings, tie-breaking vote on issues, authorized to disburse funds, with board approval, to meet Fossil Creek obligations, spokesperson for the board in implementing board decisions.

Treasurer – Prepares annual budget for board approval, monitors actual expenditures versus the forecast, authorized to disburse funds, with board approval, to meet Fossil Creek obligations, accountable for maintenance of financial books and records. Monitors and publishes reports of actual expenditures compared to budget forecasts.

Secretary – Records and publishes minutes of board meetings, conducts board meetings in the absence of the board president, maintain board action item list, accountable for assembly and distribution of annual directory of property owners and activities.

Web Master – One director is accountable for maintaining the Fossil Creek website.

All Directors – Act as a conduit for information on resident concerns and desires to ensure the board is connected to its constituents, provide leadership to subcommittees working on special tasks, advise the board in areas where they have special expertise, vote on issues before board.

Key Deliverables:
? Operating and capital reserve budgets and record of expenditures
? Financial audit reports
? Minutes of board meetings
? Committee reports
? Annual directory of property owners, neighborhood social activities and events
? Fossil Creek website
? Determine scope of work for contractor activities

Parameters / Guiding Principles:
? Remain open to the thoughts and ideas of others
? Each person has the right to be heard, but not to dominate a meeting or forum
? Treat each other with mutual respect, focus on issues not personalities
? Have the courage to say what you honestly think during board meetings
? Visible and available to residents and board members
? We don’t air our differences outside the board
? Views and opinions of board members remain confidential
? Publicly support board decisions when they are finalized
? Practice effective and positive meeting behaviors
? We won’t use our position to work our personal agenda








Key Interfaces:
Management Professionals of Texas (MPOT)....Eric Johnson
Architectural Control Committee (ACC)....Eric Johnson
Fossil Creek Safety Committee (FCSC)....Robert Sedillo
Fossil Creek Website....Steve Alderman
Asphalt Paving Maintenance Committee....Steve Alderman
Auditors....Susan Nelson
Maldonado Landscape Company....Eric Johnson

Board Meeting, December 16, 2004

Location: Eric Johnson Residence, 22340 Old Fossil Road
Time: 7:00 PM
Present: Steve Alderman, Eric Johnson, Susan Nelson, and Robert Sedillo. Guest: Randy Gurley

Item 1. Secretaries’ Report: November meeting minutes were approved.

Item 2. HOA Resident Poll Results: Eric reviewed the results of the Fossil Creek Resident Survey. While we were disappointed by the response (only 36 responses excluding board members', some of them from the same household), the results were helpful in determining some improvements in the way we communicate with one another and what priorities the board can set for our neighborhood. Eric will forward the results to everybody in Fossil Creek. Steve will upload a synopsis of the results on the HOA website.

Item 3. Update on Annexation Legal Team Meeting: Eric discussed the legal/political strategy outlined by the coalition of neighborhoods formed to fight city annexation. Attendees at that recent meeting included representatives from Fossil Creek, Northwood Hills, Canyon Springs, and Summerglen subdivisions. Based in part on the results of the quick email poll Eric took, the board decided to support the coalition funding this effort; our share of the costs will be $10,000, a one-time fee for calendar year 2005. Per the deed restrictions, the board will schedule a special meeting of Fossil Creek residents (providing a minimum of 30 days' notice) to seek homeowner approval for a one-time special assessment of $125 per lot.

Item 4. Perimeter Fence Damage Caused by Recent Flooding: There's a stretch of Fossil Creek perimeter fencing along Evans Road damaged by the recent flooding. Article II, Section 11 of the Deed Restrictions requires the homeowner on whose property the fence sits to pay the costs of repairing/replacing any damaged fencing. However, since Denton repaired the fence after the last flooding--and since they did not bury the cedar posts deeply enough, Eric will approach Denton about bearing the entire cost of repairing the fence, as opposed to half of the costs as they have offered. Failing that, Eric will approach the homeowner with options.

Item 5. Proposed 2005 Budget: Susan presented the final draft budget to the board for review/approval. The board approved the budget with one minor change. As approved, the budget is balanced with a bit less set aside for the capital reserve than originally proposed. The board agreed to review the budget continuously for potential savings to support the capital reserve for future years' needs.

Item 6. Status of Deed Restriction Violations: The board reviewed the status of deed restriction violations. After approximately 2 years of trying to work with two homeowners on their violations--without any response from them--the board voted to take legal action against them with those particular homeowners (per our deed restrictions and Texas law) to pay for all legal fees. In addition, there were four homeowners either with unmowed drainage ditches or accumulated brush at the front of their properties. The board elected to send them second (in one case third) letters giving them one week from receipt to fix the problems or we would bring in a contractor and charge the particular homeowners for the service. As always, the board regrets having to take such action, but found it necessary in the absence of any response from those homeowners.

Item 7. Neighborhood Bulletin Boards: Based on input from some homeowners, Robert presented two ideas for posting notices of meetings and special events in the neighborhood. The purpose was to provide a relatively good looking means of notifying homeowners of these events without "dirtying up" the mailbox areas. The board opted for the less expensive option using real estate type signs with professionally made event announcements. Robert will investigate further to ensure we get full value for our money before final implementation. These signs will be administered by the board secretary.

Item 8. Evaluate Open Meeting Proposals: Due to the length of this board meeting, the board elected to table this agenda item until our next meeting, sometime in January.

There being no further business, the board adjourned approximately 9:30PM.

Suspense List:

1. Eric: Put out an email to all homeowners with the results of the HOA Resident Poll.

2. Steve: Put a synopsis of the poll results on the HOA website.

3. Steve: Contact both Waste Management and BFI to explore better options for garbage pickup...possibly to include recycling.

4. Eric: Get with Denton and the appropriate homeowner about options for fixing the perimeter fence.

5. Susan and Eric: Explore venues and timing for a special homeowners' meeting for anti-annexation legal expenses...shooting for the end of January 2005 if possible.

6. Steve: Contact MPOT to advise them of our deed restriction decisions and request they send the requisite letters.

7. Eric: Contact our HOA lawyer to initiate legal action against two homeowners.

8. Robert: Research best prices/options for the neighborhood "bulletin board."

Board Meeting, January 18, 2005

Location: Eric Johnson Residence, 22340 Old Fossil Road
Time: 7:00 PM
Present: Eric Johnson, Susan Nelson, Gary Ploetz, Steve Alderman and Robert Sedillo.

Item 1. Agenda was reviewed

Item 2. Minutes from the December 17, 2004 board meeting were approved.

Items 3. & 4. Annexation Update and Legal Expenses. Summer Glen and Canyon Springs have both decided not to participate in funding the Austin firm which was going to be engaged to represent the North side neighborhoods fighting annexation by the City of San Antonio. Instead, Summer Glen and Canyon Springs decided to file a separate suit based on the city’s failure to follow the statutory time limits for the annexation process.

In the next week, Eric Johnson will be meeting with representatives of the remaining neighborhood coalition to determine if the coalition will still pursue hiring the Austin firm. Since Summer Glen and Canyon Springs have decided not to participate, the current cost estimate may be cost prohibitive and require renegotiating a lower fee for the remaining neighborhoods. The board decided to continue with the planned February 9 meeting to discuss how to fund the 2005 legal fees associated with fighting the annexation plan. However, if a lower fee is not negotiated with the Austin firm, the plan to fund the firm may be terminated and the meeting will serve as an informational meeting for the neighborhood only.

Item 5. Review Draft of 2005 directory. The board reviewed and approved the new 2005 directory. The board discussed an unsolicited e-mail from and insurance company asking to advertise in the directory. The board voted to approve selling advertisements space on the back of the directory to defray the cost of producing and sending out the directory. The board approved selling a business card size advertisements for $25. Gary, Robert, and Steve agreed to solicit for advertising with the agreement that it would not delay the production of the directory. Steve agreed to collect the final proof copy from Kim Ploetz, have the copies made, and distribute them to the homeowners by mail.

Item 6. FC Drainage Issues. Robert called the office of Bexar County Commissioner Larson regarding the drainage problems in Fossil Creek (FC). He was directed to the county engineer, Les Lock, and finally to the county drainage engineer who told him that there is no money budgeted to fix the problem. The board discussed bringing the FC drainage problem to the annexation negotiations with the City of San Antonio, ask for a written acknowledgement of the problem, and their proposed solution.

Item 7. Review Second Draft of Covenant Enforcement Process.
The board reviewed and approved the Covenant Maintenance Process developed by Eric. Further, Eric agreed to develop several forms needed for the process such as the Variance Tracking List, Inspection Check List, and Covenant Violation Log.
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Item 8. Review deed restrictions violation. Review of new violations were tabled until the next board meeting due to the board not receiving the current management report from MPOT before the board meeting.

Eric presented the documents to be signed by the board members to begin legal actions against two Fossil Creek homeowners for failure to come into compliance with the deed restrictions. All the board members signed the documents and the documents were given to Gary, in his capacity as Secretary, to have the documents notarized.

Item 9. Discussion of Open Meeting Proposal. The board conducted an open discussion of ideas regarding an “open meeting policy.” The ideas suggested involved e-mailing out the date and agenda to members of the community, asking for RSVP from members of the community who would like to attend the meeting, inviting specific homeowners to attend on a rotating basis, and the amount of space needed. Eric agreed to create a proposal for the next meeting.

Action Items:

1. Eric will be meeting with representatives of the remaining neighborhood coalition.


2. Gary, Robert, and Steve agreed to solicit for advertising for the back of the directory.

3. Eric agreed to develop several forms needed for the process such as the Variance Tracking List, Inspection Check List, and Covenant Violation Log.

3. Gary will have the documents filling legal action against the Olivas at 3629 Fossil Creek and the Maldanados at 3842 Fossil Creek notarized.

4. Eric agreed to create a proposal for an “opens meeting” policy.

5. Gary agreed to update the ongoing action item list.