F.C.P.O.A., Inc.
Monthly Meeting
March 25, 1999

· Mrs. Flake called the meeting to order at 7:35 p.m.. All Board members, except Mr. Hovenkamp, were present.
· Mr. Safank read the minutes from the February 25, 1999 meeting. Mr. Harran motioned to accept them as read, Mr. Neiman seconded and the motion was unanimously approved.
· Treasurer's Report - Mr. Gary Price (CPA) reviewed the financial statements through February 1999. There were no questions and Mrs. Burrows motioned to accept them as read, Mr. Harran seconded and the motion was unanimously approved.
· City of Houston - Guest Speaker- Mr. George Bravenec (Sidewalk Program) - Mr. Bravenac gave us an overview of the three major sidewalk programs offered by the City of Houston:

1. Safe Schools - where children walk to school.

2. Major Thoroughfare Program.

3. Neighborhood Sidewalk Replacement Program.

He said each one requires evaluation and ruling by his department. Approved requests are all non-assessable for installation, and repairs to same are the homeowners' responsibility. Liability issues should be discussed with your lawyer/insurance company, even though the sidewalk belongs to the City of Houston. He estimated that with normal wear and tear, the sidewalks should last 20 to 30 years.

There were several questions from the audience and the Board relative to placement near drainage ditches, flooding problems and other issues.

· Deed Restrictions: Water Wells - (Note: there were over 100 people at this meeting, most of whom came for this topic.)

· Mrs. Flake opened the meeting to the floor.

· Mr. Grayson (Forest Cove resident) said he was asked by several residents who have or plan to have water well, to address the Board on their behalf. He made the following comments:

· They don't view either us or them to be wrong.

· Asked us to use "good judgment" and avoid a community conflict; as his contact with various board members and residents revealed no animosity.

· He recommended that the Board could "do nothing"; and to avoid any litigation.

· He hopes we can find some non-combative way to solve the issue.

An audience member asked Mr. Grayson why he and the people he is speaking for didn't come to the board before the deed restriction prohibiting water wells was violated. Mr. Grayson said, "I have no response to that".

· Mr. John Hoyt (longtime Forest Cove resident) stated he has trouble understanding the strict enforcement of the prohibition on wells, recognizing that since the annexation, water bills from the City of Houston are extremely high and installing wells will permit residents with large lots to improve their appearance and increase property values. He recommended that the Board remove and abandon the deed restrictions prohibiting water wells.

· Mr. Rick Butler (FCPOA attorney) told the audience that it's not a matter of the Board prohibiting wells, but rather, a matter of addressing deed restriction violations. He then reviewed four (4) possible solutions: 1) Pursue enforcement; 2) Amend restrictions; 3) Ignore restrictions; 4) Adopt a resolution to allow wells and that he felt that number 2 (amend restrictions) was the one to accept.

· There were then numerous (and at times just "calling out") questions from the audience relative to the need for permits; development of a resolution; does City of Houston rules override our deed restrictions; can an individual section modify their deed restrictions; do we have to consolidate all sections deed restrictions before addressing the water well issue; does waiving one restriction prevent enforcement of others; why doesn't someone on the board motion to drop the prohibition of wells - now; etc., etc., etc...

· At times, the comments/questions were loud and frequent.

· The audience did agree with Mr. Butler and Board members, that we're all neighbors and trying to do the right thing.

· Judge Don Jackson cautioned the audience that if every section tried to amend their individual restrictions, it would cause a problem for everyone and be very costly. He agrees that water wells enhance property values and we should come up with a resolution that would also cover the Board, e.g. drop the prohibition because we're going to revise the deed restrictions; and recognize the fact that the residents present at this meeting want the prohibition removed.

· Calls for a "straw vote" were unanimously for changing deed restrictions, no one opposed it.

· Two residents did chastise this large audience for not supporting the F.C.P.O.A., Inc. on a regular monthly basis and showing up only for a singular issue that affects them.

· Several people said they would be happy to assist in getting residential approval to revise our deed restrictions, and a list was passed around for them to sign up for same.

· Board member, Mr. Safarik, expressed concern for subsidence problems if wells were installed throughout Forest Cove. Mr. Hilarides volunteered to help the Board resolve subsidence issues.

· Board members also addressed the audience to assure them that we understand their concerns, can see the economics, and are not trying to be "bad guys"; we're all neighbors and don't want to create conflict. They must also recognize that the Board is charged with enforcing deed restriction violations and to do so in a way that the Board feels will be fair to all Forest Cove residents. We closed comments on this issue and assured the audience we would try to resolve this issue as soon as possible.

Community Building - no report/change.

Pool Report - Mr. Berry (Gator Pool Service) reported all is O.K.; see his monthly report for details.

Beacon - Mrs. Wray announced that March 26th was the cut off date for April publication.

Deed Restrictions - Dave Smithy C.A.M. - the Board will review recommended letters in executive session.

Burning Tree Fence - MS..R. Kelly of H.R.E. was assured the Board would meet with H.R.E. representatives at our Board meeting on 3-30-99.

F.C.B.C./N.E.C.A - Mr. Butler has been assured by N.E.C.A. 's attorney that they will not finalize the purchase ofF.C.B.C. property until they can satisfy the deed restrictions.

Adjourn - Mr. Hernandez motioned to adjourn, Mrs. Burrows seconded and the motion was unanimously approved at 9:30 p.m.