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1 Burnt Store Village Property Owner’s Association, Inc.

(BSVPOA)

Minutes of the BSVPOA Board of Directors monthly meeting November 14, 2018 at 7p.m.

Location: Meeting was scheduled to be held at Burnt Store Lakes Community Center, 16500 Burnt Store

Road Unit #102, Punta Gorda, FL. Due to a miscommunication by Burnt Store Lakes, the room was

occupied, and the meeting was moved to 16074 Overdale Court, Punta Gorda, FL. A notice stating the

change in location was posted on the Burnt Store Lakes Community Center door.

Present: Barry Herzberg, President; Betty Tull, Secretary/Treasurer; Directors, Tom Cartwright, Bill Harris

and Steve Schafer

Absent: Christopher MacDonald, Vice President

Guests: Janet Herzberg, Compliance Manager and Debbie Grimm.

Business Meeting: President Barry Herzberg called the meeting to order at 7:10 pm. He stated Dorothy

Webner was absent due to the death of her mother and asked members to extend their condolences. He

reminded all new Board members to sign the two pages in front of their Board book, complete the actions

required and return the forms immediately to Dorothy Webner.

President Herzberg polled the Board for changes to the agenda and none were presented.

Minutes of the October 18, 2018 Board meeting were approved 5:0. Minutes of the October 18, 2018

Annual Meeting were approved 5:0. The Board reviewed the proposed 2018-2019 meeting calendar.

President Herzberg recommended replacing the tentative January 23, 2019 and April 24, 2019 quarterly

meetings with a semi-annual Town Hall meeting on April 24, 2019 to give residents more time to present

suggestions or concerns. Dorothy will schedule the Lakes meeting room. Signs for the meeting will be

placed at all entrances a week before the meeting, it will be posted on the BSV website and Nextdoor,

and notices will be sent to residents via email.

Committee updates:

Financial: Treasurer Tull reported balances as of October 31, 2018 were: SunTrust Bank checking $110,084

- Achieva Credit Union $252,897 - Petty cash, $200 - Accounts Receivable $320,141 - total $683,322.

President Herzberg requested Treasurer Tull prepare a report on bank CD interest rates for the January

16, 2019 Board meeting.

Architectural Committee (ARC): Director Schafer reported he has one pending request for construction of

a home on Delgado Drive and is awaiting interior drawings.

Park & Front Entrance: Director Harris reported as follows:

• The Alcazar Drive entrance sign has no power. Director Harris will get quotes from electricians for

the January Board meeting.

• Received estimates from Harbor Landscaping for adding red mulch, trimming palms and

removing/replacing one dead Royal palm in the park. Prices were high; Director Harris is getting

additional bids.

• Seven solar lights on the park bridge are not working and others are missing. Director Harris will

replace all the lights.

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• Susan Forman had a discussion with Florida P & L for a light on the park power pole. The light

would be free if BSV pays the electric bill. Director Harris will prepare a proposal for the January

Board meeting.

• A security camera would cost $500, require a data plan, and need an internet line to be installed.

Action was tabled.

Communications: Director Tull reported 2018-2019 Board meeting dates have been posted on the BSV

website and the bulletin board in the park. She will discuss potential communication channels for

residents on the BSV website with the webmaster and report at the January Board meeting.

Grounds: In Director MacDonald’s absence, President Herzberg reported Beautiful Boundaries has

submitted a bid for $800 to mow the Zemel Ditch.

Events/Social Committee: Chairperson Janet Herzberg reported:

• During the past month, delivered 1 Welcome Packet and have 2 more to deliver. Kelly Strugala and Carlos Perez will be taking over delivering Welcome Packets.

• Janet will be resigning as Social Committee chairperson as of December 31, 2018. None of the Social Committee members have expressed interest in being chairperson.

• Need to finalize the 2018-2019 event calendar, pending recruitment of a new Social Committee chairperson.

• The Social Committee met on October 4, 2018 with 8 members present to evaluate the September 15 ice cream social, which had 31 adults and 11 children present. Also finished planning for the October 27 Halloween in the Village.

• The Social Committee met on November 8, 2018 with 9 members present to evaluate the October 27 Halloween in the Village event, which had 26 adults and 18 children in attendance. Finished planning the December 16, 2018 Holiday Decorating Contest and recommended the following:

• Go from 4 award categories to 3. People will have to register ahead but will not have to select a specific category.

• The 2017 first place winner in each category will not be eligible for awards for 2 years, to give everyone a chance to win and encourage more people to participate.

• Recruit 3 judges from outside Burnt Store Village and limit them to 2 consecutive terms. Director Harris made a motion that the number of Holiday Decorating Contest categories be reduced to 3, Contest judges be limited to a two-year term and all Contest winners remain eligible for awards every year. The motion was seconded by Director Cartwright and approved 5:0.

Deed Compliance: Compliance Manager Janet Herzberg reported:

• Compliance Committee met on 10-11-18 with chair and 4 members present

• Compliance Committee met on 11-1-18 with chair and 4 members present

• Purchased Kodak camera for use by Compliance Committee

• For the month of October 2018:

o 4 surveys were completed

o 93 violation letters were printed and mailed

▪ 4 of those letters were courtesy letters

▪ 45 of the violation letters were new for mailboxes/posts

▪ 44 violation letters were issued (for other than mailboxes); many were second

letters

o 31 Bravo letters were sent for completed work

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• From November 1, 2018 to present:

o 45 Bravo letters have been sent for completed work

o As of 11-14-18 there are a total of 73 active violations, plus one house that has an

additional 11 violations (not included in the 73)

• Other updates:

o House at 25756 Prada has been sold and repairs are to be made as part of Estoppel

agreement

o House at 25785 is in foreclosure due to death of owner and we are trying to get bank to

resolve violations.

o House at 25300 Estrada – owner died – status unknown

Open Forum: Debbie Grimm requested approval to organize a Christmas Parade with decorated golf

carts making a loop from the BSV park down Doredo Drive, right on Prada Drive and back to the park.

Participants would stop at homes along the way to sing Christmas carols. The Board determined this

could not be a BSVPOA-sponsored event, because BSV roads are county roads and Charlotte County

does not permit golf carts on county roads.

Unfinished Business:

• Zemel Road Ditch Mowing: President Herzberg reported part of Zemel Road, including the ditch,

is on BSV property and belongs to BSV, not Charlotte County, therefore the County is not mowing

it. Director Tull moved Beautiful Boundaries be hired to mow the Zemel Road Ditch from Burnt

Store Road to Juarez Circle at a cost of $800. Director Harris seconded the motion and it carried

5:0.

• County Mediation, Zemel Road and Badalona Ditch: President Herzberg stated the mediation

hearing to resolve drainage issues with Charlotte County has been postponed to December 12,

2018. BSVPOA is trying to get Charlotte County and Kimley-Horn to resolve this matter and

negotiate a settlement.

o Goal is to have County take BSV property along Zemel and maintain it, in addition to

paying BSV’s survey cost and legal fees.

New Business:

• BSV Park Asphalt: Director Schafer stated the asphalt path in the park needs to be repaired and

resealed. Director Harris will obtain bids, so it can be included in the budget.

• Hydrologic Trespass: President Herzberg stated Mr. Gibbs is draining his property on Zemel Road

into the BSV rim ditch. President Herzberg spoke with the BSV attorney and Southwest Florida

Water Management District (SWFWMD). SWFWMD inspected the ditches and advised Gibbs

does not have a permit to alter flow paths. President Herzberg requested a complete written

report from SWFWMD. President Herzberg also stated he has been unable to locate the rim ditch

survey done for BSV several years ago, despite contacting the surveyors (Phoenix and Ron

Strickland). Director Tull will try to find the bill for the BSV survey. Director Schafer stated it

appears dump trucks have been trespassing the property by the rim ditch. President Herzberg will

investigate.

• Stacy McMurray Resignation: President Herzberg stated Board Director Stacy McMurray has had

to resign due to a change in her job responsibilities. He requested Board members submit names

of potential candidates for the position to him, so they can be contacted privately.

• Social Committee Chairperson: President Barry Herzberg stated Janet Herzberg will be resigning

as Social Committee Chairperson as of December 31, 2018. He requested Board members submit

names of potential candidates for the chairperson position to him.

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• Deed Restrictions Clarification: President Herzberg stated the current BSV Declaration of

Restrictions (deed restrictions) are very vague and difficult to interpret. The Burnt Store Lakes

Board adopted numerous policies to explain and clarify their deed restrictions, which are the same

as the deed restrictions for BSV. Director Harris moved President Herzberg and Director

Cartwright be authorized to consult with the attorney and investigate the establishment of

policies to clarify the deed restrictions. Director Tull seconded the motion and it was approved

5:0.

• Trash Can Storage: President Herzberg stated a resident requested permission to install a 70 cu.

ft. freestanding fully enclosed container to store his trash cans. Director Schafer moved the

request be denied, because this type of structure would violate Section 17 of the deed

restrictions. Director Tull seconded the motion and it was carried 5:0.

• Lanai Storage Containers: President Herzberg stated a resident requested a decision on whether

large rectangular resin boxes can be placed on a lanai or in a back yard for storage of pool supplies,

etc. Director Schafer moved the request be approved. Director Tull seconded the motion and it

was carried 5:0. Guidelines will be developed on the size permitted.

• Youth Activities: President Herzberg stated residents suggested on Nextdoor that the Board add

more youth activities to the park. Suggestions included pickle ball courts, a swimming pool and a

clubhouse. Action was tabled pending gathering more information. Director Cartwright and

President Herzberg will get information on the possibility of converting the existing basketball

court into a dual court to include pickleball and basketball, since both courts are 20 ft. by 44 ft.

Director Cartwright will do a cost analysis for a clubhouse, using previous plans that Bob Mercier

has. Director Tull will find out the cost of the Ann Street Storage building. Director Schafer stated

there may be additional lots for sale next to the park if additional parking is needed.

• Bylaws: President Herzberg stated the BSV Bylaws need to be reviewed and possibly revised. Since

Bylaws copies that are in the file are not signed or notarized, he will attempt to get a copy of the

signed/notarized BSV Bylaws from the Charlotte County Clerk. Director Harris moved that

President Herzberg be authorized to obtain a new original of the same Bylaws from the attorney

if need be. The motion was seconded by Director Tull and carried 5:0.

• Deed Restriction Amendments: President Herzberg stated it appears a proposed amendment has

not yet been recorded with the Charlotte County Clerk. He will discuss this with the BSV attorney.

• HOA Leader.com: Director Herzberg stated a subscription was purchased to the HOAleader.com

website so all Board members can use it. Board members were asked to complete a form to

receive the information.

President’s Message: President Herzberg requested Board members advise him if they want to do more

or less on the Board or need help with their responsibilities. He reminded Board members that committee

members do not have to be Board members and encouraged Directors to recruit residents to serve on

their committees.

Next Meeting: The next Board meeting will be January 16, 2019 at 7:00 pm at the Burnt Store Lakes

Community Center.

Adjourned: Director Harris moved the meeting be adjourned. The motion was seconded by Director Tull

and carried 5:0 to adjourn at 9:06 pm.

Recorded by Barry Herzberg in Dorothy Webner’s absence.

1 Burnt Store Village Property Owner’s Association Minutes of Board of Directors Meeting

Location and Date: January 16th, 2019 at 7:00 pm Turtle Crossing 16500 Burnt Store Rd. Unit 101

Call to Order and Roll Call:

President Herzberg called the meeting to order at 7:14 pm. It was noted that the meeting notice was posted on

park bulletin board and on emails. Administrative Assistant Webner took roll call: Present were President Herzberg,

Vice President Chris MacDonald, Secretary/Treasurer Betty Tull, Directors Steve Schafer and Bill Harris. A quorum

was present. Director Tom Cartwright was absent. Director Schafer arrived after the financial report was given.

Guests:

Compliance Manager Janet Herzberg, New Chair of Events Committee JoAnn Burkhalter with Steve Burkhalter, and

past president Harold Sarver.

Review of Agenda:

President Herzberg asked if any changes were needed on agenda and none were presented.

Approval of Minutes:

Minutes of the November 14th, 2018 Board meeting were approved 4:0.

Financial:

Treasurer Tull reported balances as of December 31st, 2018 were: Sun Trust $285,575, Achieva Credit Union

$253,044, Petty cash $200, Assessments Receivable $103,992, total $642,811. Treasurer Tull gathered numerous

CD rates at local bank’s for review and gave all members the listing. Motion made to approve the financial report

approved 4:0

President’s Message:

President Herzberg briefly discussed his meeting with the new BSV attorney at Pavese law firm. He also discussed

the need for a fining committee and repeal of current fining polices. The attorney will provide a fining policy which

will comply with Florida Statutes.

Architectural Committee (ARC):

Director Schafer had nothing to report. President Herzberg reported denial of home build request from Cape

Signature Homes due to not meeting the POA specifications. Administrative Assistant Webner reported approvals

for ARC: pool and lanai at 16499 Becasse Dr.; screened patio with solid roof at 25462 Oresto Ct.; patio/screen

enclosure with concrete decking at 25584 Prada; metal rood at 25429 Oresto Ct.; solar heater for pool and fence

around garbage containers, extension of pool enclosure at 25355 Cadiz Dr.; paint approvals for: 16031 Juarez Cir.,

25460 Averio Ct., 25324 Lychee Ct., 25756 Prada Dr. 16141 Juarez Cir., 25123 Esmeralda Ct. for homes and 25462

Oresto Ct for door and driveway.

Events:

The new chair of Social Committee/Events was introduced, JoAnn Burkhalter, and Co-chair Steve Burkhalter. The

Teen event was cancelled due to lack of interest. Carlos Perez and Kelly Strugala, members of the committee will

be distributing Welcome packets. Events calendar changes were approved 5:0 to include the following changes; The

yard sale date was changed to March 2nd and will be from 9 am to 1 pm, Dogs and Pictures will be on February 16th

from 10 am to noon. Final changes and event schedule will be posted on the bulletin board in the park and on the

BSVPOA website.

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Park:

Director Harris reported he obtained a new bid of $1760.50 from B&C Trees. Following a brief discussion, the item

was tabled. Director MacDonald and Harold Sarver reported on bids to take several dead palm trees and other dead

trees down. After discussion, motion made to have Kinard’s Tree Service take down the dead trees that Director

MacDonald has on his list. This includes the removal of 3 dead pine trees along Prada, 3 dead pine trees on Juarez,

4 dead evergreens on Mintra, a dead palm tree on Delgado and the dead palm tree in the park. Motion approved

5:0 to remove dead trees not to exceed amount of $1975. Director Harris reported we need to purchase 30 solar

lights for bridge at park, motion was approved 5:0 for up to $100. Discussion also on removal of wood pile in park.

Pile will be taken to area by trash can for Waste Management pickup.

Communication: Director Tull reported two copies of the deed restrictions were mailed out to new residents.

Director Tull updated information on the website and spoke with the webmaster about having a bulletin board on

the website, this topic on hold for now pending additional research.

Grounds:

Director MacDonald reported we will be out of contract with Beautiful Boundaries, and he plans to get proposal on

new contract. The previous contract had included they were to pick up large objects that mower could not handle

but that has not been done. Director MacDonald will discuss brush cleanup with Beautiful Boundaries. Dan Riley

does quarterly clean up and plans to start again in February. Dan Riley will give us a bid on cost of spraying vine

areas after he cleans up areas. Zemel Road ditch on the Village side has been mowed which has made a significant

improvement in Village appearance.

Compliance:

Compliance Manager Janet Herzberg handed out her report which included a total of 83 active violations. The

Compliance Committee held a meeting on December 6th, 2018. She discussed with the Board some of the ongoing

violations and possible solutions. Compliance manager Herzberg stated she spoke with the owner of 16447 Minorca

about the Fish and Wildlife boat/boat trailer parked there and explained the extenuating circumstances requiring

them to be parked at the residence from November 1 through January 31 due to the officer’s job requirements.

Director MacDonald made a motion that “While employed by the Florida Fish and Wildlife Conservation

Department, the officer at 16447 Minorca Dr. is granted a temporary waiver, only during peak mullet season of

November 1 through January 31 each year, to park the Fish and Wildlife boat and boat trailer in his driveway as

needed.” The motion was seconded by Director Schafer and approved 5:0

Open Forum:

Harold Sarver was the only Village resident in attendance at this meeting other than committee chairpersons.

Enforcement:

Village by-Laws could not be found in the County clerk’s office. We will work with our attorney to update as

necessary to comply with Florida statutes. President Herzberg discussed the Deed Restriction enforcement and

fining policy. This will be reviewed by our attorney for revision and modification. On our attorney’s advice, the

fining policies currently in existence were repealed by the Board by a 5:0 vote.

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Clubhouse (Community Center):

President Herzberg reported in Director Cartwright’s absence that he had met with Director Cartwright and

discussed responsibilities. Director Cartwright expressed a desire to examine the possibility of having a Community

Center or clubhouse. President Herzberg appointed Director Cartwright the Community Projects Development

Chairman and Director Cartwright will examine costs, etcetera for a Community Center. Pickle ball court and horse

shoe pits at the park were also discussed.

New Business:

Harold Sarver presented proposals for replacement of mulch and plantings at the frontage area along Burnt Store

Road. It was decided to replace the Cypress mulch with Eucalyptus mulch as the Cypress mulch is not a renewable

resource. Motion made and approved 5:0 for Eucalyptus mulch at $3663 and plantings at $1900.

CAM Certification:

The Community Association Manager (CAM) licensure need was discussed and approval for Administrative Assistant

Webner to become CAM certified to fulfill job qualifications and satisfy Florida statute requirements. Motion

approved 5:0 for payment to Dorothy of up to $500 after successful completion of the course and licensure.

Wire Transfer Costs:

Discussion on how to add wire transfer and returned check costs onto the property owner’s annual billing. President

Herzberg will work with our accountant to include this fee in both the annual and 2nd billings, noting that wire fees

are the property owner’s responsibility. There was also a discussion to investigate use of credit cards with our

accounting firm for our annual assessments. Treasurer Tull and President Herzberg will follow up.

Adjournment:

Motion for meeting adjournment made by Director Harris and seconded by Director Tull. Meeting adjourned at

8:45 pm.

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Burnt Store Village Property Owner’s Association Minutes of Board of Director’s Meeting

Location and Date: February 20, 2019 at 7p.m. Turtle Crossing 16500 Burnt Store Road Unit 101


President Herzberg called the meeting to order at 7:00 p.m. Administrative Assistant Dorothy Webner

took roll call. Present were: President Herzberg, Vice President Chris MacDonald, Secretary/Treasurer

Betty Tull, Directors, Steve Schafer, Tom Cartwright, and Bill Harris. A quorum was present.

Guests: There were over 50 property owners in attendance. Those who signed in were Compliance

Manager Janet Herzberg, Chair of Events Committee JoAnn Burkhalter, Steve Burkhalter, Dave Servis,

Harold Sarver, Pat Sarver, Carol Anderson, Sam Hay, Lisa Guldan, Mike Guldan, Ken Maher, Jill Kendall,

Carl Grimm, Debbie Grimm, Nancy Allen, Neil Dodrill, Anthony Viviano, Scott Coffers, Kathy Shepard,

Charles Stevens, Donna Wieberg, Nancy Mitchell, Jack Forman, Paul Strong, Jessica Lawson, Robert

Troyer, Patrick McKibben, Carlos Perez, Dennis Colwell, John McGrath, Virginia Buchheit, Skip Powell, Vic

Sage, Nancy Ross, Sharon Tisherman, Linda Powers, Faith Carriere, Phyllis Wheaton, Debbie Garrigus,

Jacky Maxwell, Pam Mouradjian, Jan Musil, Karen Duncan, Cole Duncan, Billy Urquhart, Lisa Urquhart,

Mark Anderson, Linda Anderson, Bill Lux and Lee Kudaroski.

Proof of due notice: President Herzberg noted the meeting agenda was posted online on the BSV

website on 2/20/19 and at the kiosk in the BSV park. In addition, meeting notification signs were posted

at the BSV park and all five entrances into Burnt Store Village. Postings met the guidelines as set forth in

the BSVPOA By-Laws.

Review of Agenda: President Herzberg polled the Board for any changes to the agenda. Director Harris

moved to approve the February 20, 2019 agenda with Treasurer Tull seconding the motion. The motion

unanimously passed with Herzberg, MacDonald, Schafer, Tull, Harris and Cartwright voting aye.

Public Input: Questions were addressed on spending caps and answered that the Board has to approve

all spending. A question on the number of compliance violations in December 2018 was addressed.

Several property owners asked questions unrelated to the agenda and were told their questions would

be answered at a separate time after the Board meeting. President Herzberg stated he would stay after

the meeting to address all questions. Several of the questions were re-addressed during the meeting at

the time the agenda item was discussed.

Disposition of January 16, 2019 Board meeting minutes: President Herzberg stated the minutes of the

January 16, 2019 Board meeting were sent electronically to each Board member. He asked if there were

any additions or corrections to the minutes. There being no corrections to the minutes, Director Tull

moved to approve, with Director MacDonald seconding the motion. The motion unanimously passed

with Herzberg, MacDonald, Tull, Schafer, Cartwright and Harris voting aye.

Treasurer’s report: Treasurer Tull reported balances as of January 31, 2019 were: Sun Trust $284,367,

Achieva Credit Union $253,119, Petty Cash $200, assessments receivable $89,047, total $626,734. A

question on what is in our reserves account was asked and Treasurer Tull plans to contact owner with

that information. Director Schafer moved to approve, Director MacDonald seconded. Financials

unanimously approved with Herzberg, MacDonald, Tull, Schafer, Harris and Cartwright voting aye.

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Treasurer Tull reported on the possibility of changing banks; she has recently talked to 2 in the area.

There were discussions on possibly putting part of POA funds into a money market to earn interest.

President’s Message: President Herzberg explained how much our legal firm deals with in our POA. He

also discussed the need for improvement of our website and the need to create a chat-room. Wire fee

transfers were briefly discussed regarding the amount they are costing due to numerous out-of-country

owners. Consequently, BSV has implemented a built-in fee for wire transfers. Interest on unpaid

assessments at the rate of 1.5% per month was also implemented.

Committee Reports

ARC Committee: Director Schafer reported 4 new home builds and 2 fence projects are under review.

He just received the survey on one of the fences and does not have plans on the other.

Park/Front Entrance: Director Harris reported 3 varieties of lights for the park bridge are being

considered. He also gave an update on the proposal for an FPL light on the park pole. He handed out

sample and cost sheets for both projects, which will be discussed at the next Board meeting.

Communications Committee: Treasurer Tull reported 2 welcome letters were sent out. She also

reported sending out email communications on the upcoming 8th Annual Yard Sale on March 2, 2019

and the 2 President’s letters, which are also posted on the www.bsvpoa.us website.

Grounds Committee: Director MacDonald reported we plan to renew the contract with Beautiful

Boundaries at the end of this month for 1 year with an option to renew for another year. A vote on this

issue will be taken upon receipt of a quote from Beautiful Boundaries. A property owner asked if the

cost will remain at current cost for mowing and Director MacDonald replied he believed it would.

Paradise Lawn will begin weed and branch cleanup the first week in March. There have been several

complaints about a pile of junk on Cadiz Drive; Director MacDonald will have to contract to get the

clean-up done via dump truck. President Herzberg requested the truck also pick up the pile of wood in

the park. A question about the Alcazar ditch will be addressed under New Business on the agenda.

Social Committee: Debbie Grimm reported on the Dogs and Pics event. She stated the $135 in

donations collected was given to the Port Charlotte animal shelter on February 19, 2019. President

Herzberg stated he plans to send the photos out to dog owners next week. Joann Burkhalter reported

on the upcoming yard sale on March 2nd and has had a good response. Next event will be March 16th for

St. Patrick’s Day at the Park.

Compliance Committee: Compliance Manager Janet Herzberg stated the compliance report was sent to

all Board members electronically prior to the Board meeting for review. 57 violation letters were sent

out to 55 homes in January. The owner had a SWFWMD permit for the well that was installed at 25385

Durango but the well is in violation of Section 22 of the BSV deed restrictions because the owner did not

get approval from BSVPOA to install it. The Board agreed that this owner should receive a violation

letter. The sprinkler system on new home builds was briefly discussed in that it does not specify clearly if

it must be professionally installed versus using a hose and sprinklers.

Unfinished Business: Following numerous discussions with the BSV attorney, President Herzberg stated

that the 1,800 square foot minimum requirement posted back in 2010 on new home building is not legal

and will have to be repealed. We need a Board motion to repeal those documents. Motion made by

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Director MacDonald and seconded by Director Tull to repeal all documents that refer to 1,800 square

feet as a minimum. Motion passed unanimously with Herzberg, MacDonald, Tull, Schafer, Cartwright,

and Harris voting aye. At the March 20, 2019 meeting, the Board will repeal the amendment of May 21,

2010. A motion was made by Director Harris to have the BSV attorney send the demand letters for deed

violations. The motion was seconded by Director MacDonald and unanimously passed with Herzberg,

MacDonald, Tull, Schafer, Cartwright and Harris voting aye. The President mentioned the Compliance

Committee has gone out of their way to grant extensions, and if there is no attempt to correct a deed

violation, the attorney will be involved. The President confirmed we have a signed copy of the BSV By-

Laws on file.

BSV Clubhouse: Director Cartwright stated we will not conduct BSV business on the social Nextdoor

website. Director Cartwright is in the beginning stages of getting cost estimates to do a cost analysis on

the feasibility of renting or building a clubhouse. Nothing will be decided about the clubhouse without a

majority vote of the property owners. The changing of the basketball court going into a dual court was

briefly discussed and concerns were expressed about how noisy a pickleball court addition might be.

Director Cartwright stated he will look at other locations.

New Business:

Rim Ditch: There was discussion on getting quotes to mow or maintain the Rim ditch. Director

Cartwright moved to obtain quotes to mow and maintain the rim ditch. The motion was seconded by

Director Harris and passed unanimously with Herzberg, MacDonald, Schafer, Tull, Cartwright and Harris

voting aye. Past president Dave Servis stated it cost over $30,000 in 2008 to clean out only 75% of the

ditch.

Road Edge Maintenance: President Herzberg asked Harold Sarver to talk about the road edge

maintenance on Minorca. Sarver stated BSVPOA had the weeds sprayed once by Beautiful Boundaries.

Director MacDonald stated he called the County to have them spray the road edges, since they are

County roads. Dave Servis stated they tried that through the MSBU committee, and the county does not

have a facility to do it.

Proposed Increase in Cost of Compliance Letters: Due to changes in postage rates and the cost of printer

ink cartridges, Compliance Manager Janet Herzberg submitted a request for an increase in payment for

compliance letters. Director MacDonald moved the following payments be approved for compliance

letters: Black and white one-page letter increased from 72 cents to 77 cents. Color one-page letter

increased from 87 cents to $1.08. Additional postage for letters over one oz. decreased from 21 cents to

15 cents per additional ounce. Additional black and white pages remained at 14 cents per page and

additional color pages increased from 29 cents to 45 cents per page. Director Schafer seconded the

motion and it passed 5:0 with Directors MacDonald, Tull, Schafer, Harris, and Cartwright voting aye.

President Herzberg recused himself from the vote.

Review of 1,800 square feet for new construction: President Herzberg stated he discussed this topic

earlier and will discuss it further after the meeting. Dave Servis stated that back in 2010 the deed

restrictions stated 1,500 square feet minimum, but the Board had discretionary power and can

disapprove any home plan on aesthetic purposes, and they would not approve any new home plans

under 1,800 square feet. President Herzberg explained we are repealing the 1,800 square feet that was

an amendment to the restrictive covenants after obtaining advice from the attorney.

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Adjournment: A motion to adjourn was made by Director MacDonald, seconded by Director Tull and

carried unanimously. Meeting adjourned at 8:09 p.m.

An open forum was held after the meeting; President Herzberg and several Board members stayed to

answer questions.

Respectfully submitted,

Dorothy Webner, Administrative Assistant

To the Board of Directors

The next meeting of the Board of Directors will be held on Wednesday, March 20, 2019 at 7:00 pm in

the Burnt Store Lakes Conference Room, 16500 Burnt Store Road, Unit #101, Punta Gorda, FL 33955

(Turtle Crossing).

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Burnt Store Village Property Owner’s Association Minutes of Board of Director’s Meeting Location and Date: March 20, 2019 at 7 p.m., Turtle Crossing, 16500 Burnt Store Road Unit 101, Punta

Gorda, FL


President Herzberg called the meeting to order at 7:00 p.m. and started with the pledge of allegiance.

Administrative Assistant Dorothy Webner took roll call. Present were: President Herzberg, Vice

President Chris MacDonald, Directors Steve Schafer, Tom Cartwright, and Bill Harris. A quorum was

present. Secretary/Treasurer Betty Tull had an excused absence.

Guests: There were 14 property owners in attendance. Compliance Manager Janet Herzberg, MSBU

member Bob Mercier, Jonathan and Phyllis Wheaton, Linda Powers, Michele Strauss, Bill Lux, Jill Kendall,

Kathy Shepard, Gene Ryerson, John Ryerson, Devin Cline, Doug Bailey and Sharon Reid.


website. In addition, meeting notifications were posted at the BSV park and all five entrances into Burnt

Store Village. Postings met the guidelines as set forth in the BSVPOA By-Laws and Florida statutes.

Review of Agenda: President Herzberg polled the Board for any changes to the agenda. Director

MacDonald moved to approve the March 20, 2019 agenda with Director Harris seconding the motion.

The motion unanimously passed with Herzberg, MacDonald, Schafer, Harris and Cartwright voting aye.

Public Input: Questions were addressed on violation notices and others unrelated to the agenda were

told they would be addressed after the meeting.

Disposition of the February 20, 2019 Board meeting minutes: President Herzberg stated the minutes of

the February 20, 2019 Board meeting were hand delivered to each Board member and asked if there

were any additions or corrections. There being no corrections to the minutes, Director Schafer moved to

approve with Director Harris seconding the motion. The motion was unanimously passed with Herzberg,

MacDonald, Schafer, Cartwright and Harris voting aye.

Treasurer’s report: President Herzberg gave Betty Tull’s report on balances as of February 28, 2019 as

follows: SunTrust $292,269, Achieva Credit Union $253,187, Petty Cash $200, assessments receivable

$78,785, total of $624,441. Director Schafer moved to approve, Director MacDonald seconded and the

motion was unanimously approved with Herzberg, MacDonald, Schafer, Cartwright and Harris voting

aye.

Bank Survey: President Herzberg reported we are continuing to discuss changing to a different local

bank.

President’s Message: President Herzberg briefly spoke on getting the speed limit reduced from the

northeast corner of the Village along Zemel road to Burnt Store Road. This is due to excessive noise and

complaints from some residents on Alicante. He also mentioned obtaining a petition to get a sheriff

substation closer to BSV and creating a master map of the subdivision, size approximately 2 by 3 foot.

President Herzberg asked for volunteers to help in all areas.

Committee Reports:

ARC Committee report: Director Schafer reported there are 5 new home builds under evaluation by the

ARC. The ARC Committee recommended the homes at 16094 Ortega Drive, 16257 Juarez Circle, and

25471 Oresto Court be approved, pending submittal of additional documentation. Action was tabled,

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pending final document submission. President Herzberg noted the home at 16257 Juarez Circle will be of

the Insulated Concrete Form construction, the first ever of its type in the Village.

Park/Front Entrance: Director Harris reported on park projects. There are 3 small dead trees along the

path, and we’ll attempt to coordinate that with a vendor doing other work in the park. Director Harris

will get a quote from Kinard to remove the trees. He also reported that he will meet with Florida P&L

next week to further discuss the lighting on a park power pole. A new contract was presented from

Harbor Landscapes with a monthly increase from $850 to $1,000. A motion was made by Director Harris

to approve the Harbor Landscapes contract at $1,000. The motion was seconded by Director Schafer and

approved unanimously with Herzberg, MacDonald, Schafer, Cartwright and Harris voting aye.

Communications Committee: President Herzberg reported on behalf of Director Tull, there were 3

welcome letters sent out. Emails were sent out for social events.

Grounds Committee: Director MacDonald reported that Paradise Lawn has several jobs pending and is

trying to get a sub-contractor with a dump truck to clean up the wood pile in the park and the trash

dumped under a tree on an empty lot between Cadiz Drive and Alcira Circle. The road edge spraying

was tabled. Next week Director MacDonald plans to get the contract signed with Beautiful Boundaries

for the common area and vacant lot mowing. The Zemel ditch will be mowed on an as-needed basis by

Beautiful Boundaries. Regular mowing of empty lots will begin in April.

Social Committee: Director Harris reported for Joann Burkhalter and stated the St. Patrick event was

well attended. The Social Committee has both a Wine and Cheese event , an Easter egg hunt and a Cinco

de Mayo event upcoming.

Compliance Committee: Compliance Manager Janet Herzberg reported on deed restriction compliance

with 16 violation letters sent to 16 homes and 12 waivers granted on various requests for the month of

February. She reported the vacant home at 25785 Prada will be going to a County fining hearing in April.

The Board approved to renew the JanBar Services contract for March 1, 2019 through February 28, 2020

at $500 per month, with Director Schafer making the motion and Director MacDonald seconding. The

motion unanimously passed with MacDonald, Schafer, Harris and Cartwright voting aye. President

Herzberg recused himself from voting.

Compliance Manager Janet Herzberg asked the Board for a decision on whether to allow flyer boxes or

tubes for realtors to have informational flyers. Director Harris moved to approve one of either type on

terms that they are only on lots that have homes in place and must be removed within 30 days of

closing. The motion was seconded by Director Cartwright. The motion passed unanimously with

Herzberg, MacDonald, Schafer, Cartwright and Harris voting aye.

Deed Restrictions: President Herzberg discussed that last month we repealed the new home build

requirement of 1,800 square feet on the advice of our attorney. Motion to repeal the resolution of 2010

stating 1,800 square feet minimum made by Director Harris and seconded by Director Cartwright. The

motion unanimously passed with Herzberg, MacDonald, Schafer, Harris and Cartwright voting aye.

Community Projects: Director Cartwright reported he has 2 upcoming meetings with builders to obtain

information on building a clubhouse or pavilion. Storm shelters for the school bus stops were reported

to be at a cost of approximately $5,000 each uninstalled, because they have to be hurricane proof.

Decision on shelters tabled for now due to cost. Director Cartwright also looked into a tennis court,

pickleball court, and horseshoe pits and there was a brief discussion on the noise factor. Further

discussion tabled.

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New Business:

MSBU report: Bob Mercier reported we will be getting flashing speed limit signs; MSBU approved one

for Alcazar and one for Doredo. This will be paid for from MSBU monies. He also reported the plan to fix

the collapsed pipe on Badalona and 3 other pipes. A project of rejuvenation of our roads will be done by

the County in 2020. Since we have not had any service from MSBU since 2017, Mr. Mercier encouraged

everyone to contact Public Works and complain, with a copy to Chris Constance on all emails.

Sprinkler systems: President Herzberg asked the board’s opinion on hose and sprinkler versus

underground, installed sprinkler system for new home construction. A home owner asked how a

sprinkler system saves water use. The Board tabled the decision and will consider a recommendation on

the issue from the ARC Committee at the April Board meeting.

Storage area: President Herzberg discussed briefly why we cannot allow individual sheds. A storage area

within the Village was not suggested for approval due to cost and location problems.

Resident purchase of common areas: President Herzberg stated a resident wanted to purchase some of

the common area property, but we cannot sell any of the common areas.

Maintenance of ditches: Chris MacDonald is investigating the cost to mow other ditches, in addition to

the Zemel Road ditch.

Bahbouth tax deed sale: President Herzberg asked the Board if we should purchase the 3 lots on

Alicante/Juarez that are owned by Bahbouth and going to tax deed sale. Motion made to not purchase

the lots by Director Cartwright, seconded by Director Schafer. Motion unanimously carried, with

Herzberg, MacDonald, Schafer, Cartwright and Harris. Voting aye.

Proposed policies and forms: President Herzberg asked the Board for approval of several policies and

forms. He stated the policies and forms are clarifications and explanations of the deed restrictions, do

not change the deed restrictions and are not amendments to the deed restrictions. The policies and

forms presented included: the Request for Temporary Waiver of Deed Restrictions Policy and form;

Rental Policy and Rental Property Registration form; Architectural Review Policy; Requirements for New

Home Construction and/or Exterior Home Additions or Alterations Policy; New Home Construction

Application form; Application for “Other” Exterior Construction, Additions, Alterations form; Request for

Architectural Review form; Clean Site Policy; Landscaping Policy for New Construction; Pool Construction

Application form; Application Submittal Requirements form; and the Fence and Enclosure Shield Policy.

Director Harris moved to approve all aforementioned policies and forms. Director MacDonald seconded

the motion and it was unanimously approved with Herzberg, MacDonald, Schafer, Cartwright and Harris

voting aye.

Respectfully submitted by

Dorothy Webner

Administrative Assistant

1

Burnt Store Village Property Owner’s Association Minutes of Board of Director’s Meeting Location and Date: April 17, 2019 at 7 p.m., Turtle Crossing, 16500 Burnt Store Road Unit 101, Punta

Gorda, FL




President Chris MacDonald, Treasurer Betty Tull, Directors Tom Cartwright, and Bill Harris. A quorum

was present. Director Steve Schafer was absent.

Guests: There were 16 property owners present: Compliance Manager Janet Herzberg, Social

Committee chair JoAnn Burkhalter, Dave Servis, Bob Mercier, John McGrath, Susan Mantz, Valerie

DePalma, Nancy Mitchell, Don Young, Bob Troyer, Jill Kendall, Charles Stevens, Ernie Boss, Bruce

Lanterman, Neil Dodrill, and Jason McCard.





MacDonald moved to approve the April 17, 2019 agenda with Director Harris seconding the motion. The

motion unanimously passed with Herzberg, MacDonald, Tull, Harris, and Cartwright voting aye

Public Input- Agenda Items only: One property owner had a question concerning realtor boxes with

informational flyers on empty lots. President Herzberg stated he will address that topic when we reach

that agenda item.

Disposition of March 20, 2019 Board meeting minutes: There being no corrections to the minutes,

President Herzberg asked for a motion to approve the minutes. Director MacDonald moved to approve

the March 20, 2019 minutes and Director Harris seconded the motion. The motion was unanimously

passed with Herzberg, MacDonald, Tull, Cartwright, and Harris voting aye.

Treasurer’s report: Treasurer Tull reported on balances as of March 31, 2019 as follows: SunTrust

$294,593, Acheiva Credit Union $253,262, Petty cash $200, Assessments Receivable $66,100, total of

$614,155. Motion to approve by President Herzberg with Director MacDonald seconding the motion.

The motion was unanimously passed with Herzberg, MacDonald, Tull, Cartwright, and Harris voting aye

Presidents Message: President Herzberg referred to an email from a resident whose request to do

something was rejected. That resident responded that “it’s good to be king”, inferring that the Board

has all the power. President Herzberg clarified the Board does not have all the power, is here to serve

the community and relies on members’ input. However, the Board also has the responsibility to carry

out the duties assigned to it in the BSV Bylaws and other restrictive covenants such as the deed

restrictions.

Most of the people who are frequently complaining do not step up to help with things needed in their

own community. President Herzberg reminded residents that we need volunteers; we are still down one

Board member and still need a Neighborhood Watch chairperson, but nobody has come forth to

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volunteer. If nobody steps up to volunteer, the Board has no choice but to do what it feels is best to

meet the needs of the community. When you’re not part of the solution, you’re part of the problem.

Committee Reports

ARC Committee report: In Director Schafer’s absence, President Herzberg reported the final approval of

new construction at 16094 Ortega Dr., 16257 Juarez Cir. and 25471 Oresto Ct.

Park/Front Entrance Committee: Director Harris reported he meets with FPL next week for the park

outdoor lighting. He reported one-third of the solar lights on the park bridge are installed. He plans to

get the 4x4 boards repaired on the park sign.

Communications Committee: Director Tull reported that a copy of the welcome packets, updated

applications and policies are now on the BSVPOA website. Flyers were placed on the bulletin board at

the BSV park for Music in the Park and the unapproved March minutes. Emails were sent to residents

regarding the two April events and the President’s letter.

Grounds Committee: Director MacDonald stated he has the signed Beautiful Boundaries contract and

there was no price increase on the one-year renewable contract, nor was there a price increase for the

$800 mowing of the rim ditch. He reported that Paradise Lawn will start next week for vine quadrant

cleanup and they will communicate with Director MacDonald when starting.

Social Committee: Chairperson JoAnn Burkhalter reported there were 23 owners and guests attending

Music in the Park, but the St. Patrick’s event was not well attended. Director Tull suggested an earlier

communication posting for events. Director Harris asked to earmark the 50/50 funds for the Park; action

was tabled. President Herzberg reminded him that 50-50 funds are used to help pay for the Social

events.

Compliance Committee: Compliance Manager Janet Herzberg reported the compliance report was

distributed to the Board in advance of the meeting. She reported 52 violation letters were sent to 46

homes and 17 waivers were granted in March for various requests. President Herzberg asked Neil Dodrill

to speak on questions concerning realtor boxes with informational flyers on empty lots. Pictures were

presented to the Board and Mr. Dodrill questioned the flyer boxes, which he said are larger than our

deed restrictions allow. President Herzberg asked the compliance manager to investigate getting this

corrected and not to have real estate flyers or tubes placed on any of the vacant lots for sale. The sign

policy will be on the agenda for approval at the May 15 Board meeting. Janet Herzberg reported the

vacant home on Prada that is now owned by Freedom Mortgage is under a cease and desist order by

Charlotte County, with a County inspection to be conducted after 30 days. Homes with potential roof

violations will be discussed at the next ARC meeting.

Unfinished Business

Deed Restrictions and Bylaws: President Herzberg explained we do not have a term called Kaufman

language in the restrictive covenants. The Kaufman language states if there is a change in law, the

change will be incorporated into our documents. President Herzberg is discussing this with the attorney.

There are 1,400 lots in Burnt Store Village, with about 1,200 property owners having voting rights (some

own multiple lots). However, the Association only receives about 200 votes for any matters at the

annual meeting. That is far less than the 2/3 vote of the members required to approve anything. In

addition, most of those votes are empty lots and/or absentee owners. Consequently, we are working

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with our attorney investigating whether a change can be made for voting quorums at the annual

meeting, from requiring a majority of the POA voting members to needing 2/3 of the vote of the

members present, including votes by proxy.

BSV Clubhouse/Pavilion Cost analysis: Director Cartwright reported he had to reschedule the meetings

he had with people to get estimates to build a clubhouse. President Herzberg also asked him to look into

the cost of renting an office space. President Herzberg suggested forming a Community Projects

Committee, with Director Cartwright as chairman. Director MacDonald made a motion that a

Community Projects Committee be formed, and Director Harris seconded the motion. The motion was

approved with Herzberg, MacDonald, Cartwright, and Harris voting aye. Director Tull abstained.

President Herzberg appointed Tom Cartwright as chairman of the committee.

Hydrologic Trespass: President Herzberg reported that Gibbs, our neighbor to the East, has been

instructed by SWFWMD to plug the ditch that he dug on his property, because his ditch drains into the

BSV rim ditch.

Axiom update: President Herzberg spoke briefly on the Axiom collection agency that was hired years

ago. The BSV attorney is working with Axiom’s attorney on terminating the contract.

New Business:

Appointment of Fining and Suspension Committee: Five long-standing deed restriction violation cases

have been referred to the BSV attorney for resolution. The attorney recommends the Board appoint a

committee. President Herzberg asked for motion to appoint a Fining and Suspension Committee.

Director MacDonald made a motion to establish a standing Fining and Suspension Committee. Director

Cartwright seconded the motion and it was approved with Herzberg, MacDonald, Cartwright, and Harris

voting aye. Director Tull abstained.

Administrative Assistant Contract: A contract needs to be prepared for the Administrative Assistant. In

the interim, President Herzberg asked for a motion to pay the assistant on a month-to-month basis.

Director MacDonald made a motion that the administrative assistant be paid on a month-to-month basis

until a new contract is signed. Director Harris seconded the motion and it was unanimously carried with

Herzberg, MacDonald, Tull, Cartwright, and Harris voting aye.

Performance and Completion Bond for New Construction, Additions, Alterations, and Pool Construction:

Since performance and completion bonds are no longer available as required in Section 4 of the

Declaration of Restrictions, President Herzberg asked for a motion to accept a $2,500 refundable deposit

in lieu of a P&C bond as standard policy for all construction in BSV. Director MacDonald made a motion

that a $2,500 refundable deposit be accepted in lieu of a P&C bond as standard policy for all

construction. Director Cartwright seconded the motion and it was unanimously approved with Herzberg,

MacDonald, Tull, Cartwright, and Harris voting aye. The deposit check will be held in an escrow account

until completion and approval of work.

Special Event Insurance: President Herzberg reported to add special event insurance to the BSV policy

will cost about $100 per event. After discussion, the extra insurance amount was tabled. President

Herzberg plans to get a policy that covers all our needs.

Hot Tubs: President Herzberg reported a property owner requested approval for a hot tub on an

unenclosed patio. An opinion has been requested from the POA attorney. President Herzberg asked for

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a Board vote. Director MacDonald made a motion to deny the hot tub on an unenclosed patio.

Treasurer Tull seconded the motion and it was unanimously approved with Herzberg, MacDonald, Tull,

Cartwright, and Harris voting nay.

Property Owner Contact Information Changes form: President Herzberg reported a recommendation

has been made to include a Property Owner Contact Information/Changes form on the BSVPOA website.

Director MacDonald made a motion the form be added to the BSVPOA website. Director Cartwright

seconded the motion and it was unanimously approved with Herzberg, MacDonald, Cartwright, Tull, and

Harris voting aye.

Boat Parking

President Herzberg answered a property owner’s question on the 21-day per year allowance for

temporary waivers of the deed restriction for boat parking and stated the Board and Compliance

Committee will reconsider the restriction on boat parking.

Next Meeting

The next Board meeting is May 15, 2019 at 7:00 p.m.

Meeting adjournment: President Herzberg asked for a motion to adjourn the meeting. Director

MacDonald moved and Treasurer Tull seconded the motion to adjourn the meeting. The motion

unanimously passed with Herzberg, MacDonald, Tull, Harris, and Cartwright voting aye. The meeting

adjourned at 8:19 p.m.

Respectively submitted by Dorothy Webner Administrative Assistant

1

Burnt Store Village Property Owner’s Association Minutes of Board of Director’s Meeting Location and Date: May 15, 2019 at 7 p.m., Turtle Crossing, 16500 Burnt Store Road Unit 101, Punta

Gorda, FL




President Chris MacDonald, Treasurer Betty Tull, Directors, Steve Schafer and Bill Harris. A quorum was

present. Director Tom Cartwright notified President Herzberg he would be unable to attend.

Guests: There were 12 property owners present: Compliance manager Janet Herzberg, Debbie and Carl

Grimm, Jill Kendall, Neil Dodrill, Linda Powers, Peter Klaich, Krystal Hurd, Don Young, William Lux, and

Josephine Anzardi.





MacDonald moved to approve the May 15, 2019 agenda with Director Harris seconding the motion. The

motion unanimously passed with Herzberg, MacDonald, Tull, Harris, and Schafer voting aye.

Public Input- Agenda Items only: None

Disposition of April 17, 2019 Board meeting minutes: There being one correction to the unapproved

minutes, to change that only the Board minutes and upcoming events are posted on the Park bulletin

board, all other information is posted on the BSVPOA.us website. President Herzberg asked for a

motion to approve the minutes. Director MacDonald moved to approve the March 20, 2019 minutes and

Director Harris seconded the motion. The motion was unanimously passed with Herzberg, MacDonald,

Tull, Schafer, and Harris voting aye.

Treasurers report: Treasurer Tull reported on balances as of April 30, 2019 as follows: Sun Trust

$284.447, Achieva Credit Union $253,335, Petty Cash $200, A/R $59,194, Total of $597,175. Director

Schafer asked if our past dues are lower than last year at this time and it was confirmed we are over

$30,000 lower for debts this year.

Bank Surveys: President Herzberg gave an update on switching banks and stated we plan to change to

Regions Bank in the future.

President’s Message: President spoke briefly on a post on the Next Door website that inferred that

since the Marina had a special assessment, we would possibly have one in our association. In a followup

post by the same person, several disparaging remarks were made. Comments of this nature are hurtful,

not helpful. In addition, nothing posted on a social website becomes a matter of record for the POA.

However, emails to the President and his responses are part of the official records of the POA, as

required by law.

Committee Reports:

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ARC Committee report: Director Schafer recommended approval of a concrete-stamped driveway at

25430 Oresto Ct. and an underground irrigation system at 16074 Overdale Ct. President Herzberg

mentioned that ARC does not have authorization to approve but does make recommendations and the

Board has to vote on them. Director MacDonald moved to approve these projects and Director Tull

seconded the motion. The motion was unanimously approved with Herzberg, MacDonald, Tull, Schafer,

and Harris voting aye.

Park/Front Entrance Committee: Director Harris reported that FPL did not show up for the meeting to

bid on the light on the park power pole. He reported the solar lights are here and will be installed soon.

Director MacDonald will talk with some of our contractors about replacing some plants along the

walking path.

Communications Committee: Director Tull sent out deed restrictions to 3 people, placed fliers on the

Bulletin Board in the Park, sent emails for Cinco de Mayo and emailed residents on a Wildlife Advisory.

She also reported there were website postings for the May 15 agenda, the unapproved minutes from

April 17 and pictures of Cinco de Mayo.

Grounds Committee: Common area cleanup was done by Paradise lawn on Cadiz Drive and Maya Circle

for invasive vines, and on Delgado Drive for wood debris and invasive vines. There is a general mow in

progress and Zemel ditch was mowed again. Director MacDonald plans to get a price for mowing the rim

ditch.

Social Committee: Debbie Grimm reported that the Cinco de Mayo event had 25 people and water and

soda were supplied. Attendees brought Mexican-themed food. A 50/50 raffle was done and games were

played. Pictures were taken of the event.

Community Projects: President Herzberg reported Tom Cartwright is on an excused absence out of

state. No update report was given.

Compliance Committee: A compliance report for April was distributed and reviewed. It noted 24

violation letters were mailed and 4 new demand letters were sent by the attorney. Four requests for

ARC applications were processed. The vacant home at 25785 Prada Drive has been mowed and there

will be another inspection there by the County in August.

UNFINISHED BUSINESS

Deed Restrictions and Bylaws: President Herzberg explained that we are working with our attorney

investigating whether a change can be made for voting quorums at the annual meeting, from requiring a

majority of the POA voting members to needing 2/3 of the vote of the members present, including votes

by proxy, so homeowners are more adequately represented. At present, owners of empty lots far

outnumber homeowners.

Hydrologic Trespass: President Herzberg reported that the property owner to our East has been ordered

by SWFWMD to fill in the ditches he dug from his property our rim ditch.

Temporary Waiver for Boats: President Herzberg reported a request was made to extend the 21-day

maximum per year for parking boats overnight. Director MacDonald moved the 21-day maximum per

year for parking boats overnight on a property owner’s driveway not be changed and Director Schafer

seconded the motion. The motion was unanimously approved, with Herzberg, MacDonald, Schafer, Tull,

and Harris voting aye.

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BSVPOA Insurance: Director Herzberg reported the Administrative Assistant received a quote to cover

both liability and directors and officer’s insurance as well as social events for $2,800 but that quote does

not include bonding. Additional information will be presented at the next Board meeting. The other

quote was over $7,000.

Fining and Suspension Committee Job Description: President Herzberg stated a Fining and Suspension

Committee Job Description has been prepared for approval. Director MacDonald moved to approve the

job description as presented and Director Harris seconded the motion. The motion unanimously passed

with Herzberg, MacDonald, Tull, Harris, and Schafer voting aye.

Appointment of Fining and Suspension Committee members: President Herzberg reported that Tony

Viviano, Peter Klaich and James Hunt have volunteered to serve on the Fining Committee. Director

Harris moved to appoint those 3 individuals to the Fining and Suspension Committee and Director

Schafer seconded the motion. The motion unanimously passed with Herzberg, MacDonald, Tull, Harris,

and Schafer voting aye.

Administrative Assistant: President Herzberg reported that he and the administrative assistant need to

sit down and work out a contract.

Axiom Collection Agency: President Herzberg reports we are continuing to try to terminate the contract

with the collection agency hired in 2015. He reported Axiom wants $14,087 to terminate the contract.

The motion to allow $3,500 payment to Axiom as a buyout offer was made by Director MacDonald and

seconded by Director Schafer. The board unanimously approved the motion with Herzberg, MacDonald,

Schafer, Tull, and Harris voting aye. President Herzberg suggested the Board have the Pavese Law Firm

take over the collection of the axiom accounts, because the debtor would be responsible for paying the

attorney fees. Several Board members questioned if our attorney does not collect, do we still have to

pay him. President Herzberg will confirm with Pavese Law firm that we will not be charged for debts not

collected. The discussion was tabled.

NEW BUSINESS

Annual Assessment Letters: Tabled discussion

Bonding Administrative Assistant and Treasurer: President Herzberg reported we legally need to bond

the people who handle the POA funds. Bonding costs will be included in the new insurance changes.

Proposed Policies: President Herzberg stated several new policies have been proposed. A motion was

made by Director MacDonald to approve the Proposed Revisions to Existing Policies and Forms, the Tree

Removal/Trimming Policy, the Play Equipment Policy and the Burning Debris Policy. He also moved to

approve the Sign Policy, with the change that no flyer boxes will be permitted, and flyer tubes will only

be permitted on lots with homes for sale, but not on empty lots. The motions were seconded by

Director Schafer. The motions unanimously passed with Herzberg, MacDonald, Tull, Harris, and Schafer

voting aye.

Process for Levying Fines: President Herzberg reported the attorney outlined the process required by

the Florida statutes for levying fines for violations.

Levying Fines Against Faith Carriere for violations of the Association’s Governing Documents: President Herzberg reported many of the violations at 25422 Oresto Court go back to April 2018. Numerous requests were sent to Ms. Carriere to cure violations for visible trash cans and yard waste

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containers, numerous unsightly objects, and temporary structures. Updated pictures of the continued violations were taken today and distributed to the Board, along with a list of all violations. Director MacDonald moved to impose fines as follows, based on the demand letter sent by the attorney on March 27, 2019:

• Continuing violation of Section 16 of the Declaration: March 27, 2019 to May 14, 2019 at $100/day = $4,800* (*all fines are capped at $1,000 in the aggregate by the Florida Statutes)



• Total fine to be levied as an aggregate for all violations = $1,000

The motion was seconded by Director Schafer. The motion passed with Herzberg, MacDonald, Harris

and Schafer voting aye. Director Tull voted nay. A notice will be sent by the attorney that the matter will

now proceed to a Fining and Suspension Hearing.

Levying Fines Against Jean Robinson for violations of the Association’s Governing Documents:

Compliance Manager Herzberg reported the violations at 25136 Estrada Circle have been fixed and no

further action is needed by the Board.

Adjourn Meeting

Motion to adjourn at 7:47 p.m. The next meeting will be June 19, 2019 at 7 p.m.


Dorothy Webner Assistant to the Board of Directors

1

Burnt Store Village Property Owner’s Association, Minutes of Board of Director’s Meeting, June 19, 2019 at 7 p.m., Turtle Crossing, 16500 Burnt Store Road Unit 101, Punta Gorda, FL.




President Chris MacDonald, Treasurer Betty Tull, Directors Steve Schafer, Tom Cartwright and Bill Harris.

A quorum was present.

Guests: There were 14 property owners present: Compliance Manager Janet Herzberg, Debbie and Carl

Grimm, Jill Kendall, Charles Stevens, David Lockhart, Neil Dodrill, Linda Powers, Peter Klaich, Linda

Ryerson, Mike and Michelle Strauss, James Keefer, Nicole Sichak.





MacDonald moved to approve the June 19, 2019 agenda with Director Harris seconding the motion. The

motion unanimously passed with Herzberg, MacDonald, Tull, Harris, Cartwright and Schafer voting aye.

Public Input- Agenda Items only: There were two names on the sign-in sheet, David Lockhart and

Michelle Strauss.

Disposition of May 15, 2019 Board meeting minutes: There being no corrections to the unapproved

minutes, President Herzberg asked for a motion to approve the minutes. Director MacDonald moved to

approve the May 15, 2019 minutes and Director Cartwright seconded the motion. The motion was

unanimously passed with Herzberg, MacDonald, Tull, Schafer, Cartwright and Harris voting aye.

Treasurers report: Treasurer Tull reported on balances as of May 31, 2019 as follows: Sun Trust 267,740,

Achieva Credit Union M/M $253,410, Petty cash $200, Assessments Receivable $50,402 and a total of

$571,752. President Herzberg asked for a motion to approve. Director Cartwright moved to approve,

and Director MacDonald seconded the motion. The motion was unanimously passed with Herzberg,

MacDonald, Tull, Schafer, Cartwright and Harris voting aye.

President’s Message: President Herzberg announced the owners of 25904 Prada have filed chapter 7

bankruptcy. This means any debts owed us are cancelled and we are prohibited from contacting them

for billing.

Committee Reports:

ARC Committee: Director Schafer reported there are 5 homes under construction and the ARC

Committee is currently reviewing plans from Pelletier Builders.

Park/Front Entrance Committee: Director Harris reported trees along the walking path were trimmed

and the fountain is back on. The sprinklers were checked for time and operation and the park was

sprayed for ants in June. The solar bridge lights are almost completed but need anti-theft brackets. The

park sign is repaired and has been moved to its new position. He reported he will obtain quotes on

pressure washing the gazebo, garbage surround, and wooden posts, painting the gazebo, sealing the

walking path, removing dead trees along the walking path, and replacing 4 trees with native Florida

palms.

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Communications Committee: Director Tull reported she mailed out 3 deed restriction copies to

new owners. She also posted the President’s letter, unapproved May 15, 2019 Board minutes, and the

June 19, 2019 agenda on the website.

Grounds Committee: Director MacDonald reported he had a report from compliance that dumping has

been occurring on Estrada and clean up should be done next week. Beautiful Boundaries is in the

process of doing the general mowing. President Herzberg asked if the contractor is mowing prematurely

and discussion followed about the possibility of a late mowing again this year. Director MacDonald will

follow up on grassy cul-de-sac maintenance that is done by Beautiful Boundaries. Harold Sarver will

continue with the mulched cul-de-sac maintenance he is contracted for. We do not yet have a bid on

mowing the Alcazar ditch. We are obtaining a bid for a broken sewer pipe that was damaged by a

mower on a lot located at 25082 Esmeralda. President Herzberg asked for a motion to obtain a bid for

the repair. Director Harris made the motion to obtain a bid for repair and Director Schafer seconded the

motion. The motion was passed with Herzberg, Schafer, Cartwright and Harris voting aye; Directors

MacDonald and Tull voted nay.

Social Committee: There are no events scheduled for this summer.

Community Projects Committee: Director Cartwright reported he located a possible rental space if the

association decides to rent their own facility instead of paying for storage, a home office and a meeting

room. Turtle crossing is subdividing the space previously occupied by the bookstore. They are willing to

rent 1,500 square feet of that space to us for an office area, storage, bathrooms, a kitchen area and a

meeting room. Director Cartwright is waiting for their cost quote. The meeting room could be rented

out to other organizations as a source of income. He requested information on our financials to see

what we are currently paying for the meeting room and the storage unit. He also located a builder that

is interested in building a community center for our POA and will be meeting with them within the next

week to go over details. President Herzberg stated that with either of these possibilities, we are a long

way off on making a decision.

Compliance Committee: Compliance Manager Janet Herzberg stated the compliance report was

distributed to the Board in advance of the meeting. A Compliance Committee meeting was held on

June 3, 2019 with 4 members present, 27 violation letters were sent, and 8 waivers were granted. She

updated the Board that all violations at 25422 Oresto Court have been corrected and recommended the

$1,000 fine imposed by the Board on May 15, 2019 be repealed by the Board, since this is the first

demand letter sent by the attorney for this property. Ms. Herzberg further recommended that if Ms.

Carriere repeats any of the same violations, the Board reinstate the fine and schedule a fining hearing.


Deed Restrictions and Bylaws: President Herzberg reported that our attorney continues to investigate

if it will be possible to change from a voting quorum of owners to a quorum of owners who are at the

meeting. He added our documents are over 40 years old and need to be updated.

Hydrologic Trespass: SWFWMD instructed Gibbs to fill in the ditches draining into the BSVPOA rim ditch.

President Herzberg called SWFWMD again to let them know it is still not done. President Herzberg

stated he has contacted the governor’s office and the Army Corps of Engineers to report this incident.

Director Schafer mentioned there are cattle on the adjoining property that is dumping water into our

ditch.

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BSVPOA Insurance & Bonding of President, Treasurer and Administrative Assistant: President Herzberg

reported no bonding quote has yet been received. The Administrative Assistant plans to call and check

on the quote so the President, Treasurer, and Administrative Assistant will be bonded.

Administrative Assistant Agreement: A new agreement is being worked on. The Association will

continue to pay the Administrative Assistant month-to-month in the interim.

Axiom Collection Agency: President Herzberg reported the Axiom collection agency was hired over four

years ago and we are continuing to attempt to settle the Axiom termination. Our attorney asked Axiom

to turn over records and we are waiting to hear back from them.

Annual Assessment Letters: President Herzberg reported we are continuing our efforts to secure

payments owed. The Association will continue efforts to collect on delinquent accounts.

Bus Stop Benches: President Herzberg asked if we should consider purchasing benches for the school

bus stops. Director MacDonald made a motion to research bench types and cost. The motion was

seconded by Director Schafer and unanimously passed with Herzberg, MacDonald, Tull, Schafer,

Cartwright and Harris voting aye. President Herzberg will research benches.

Proposed Revisions to Policy 9, Temporary Waiver of Deed Restrictions: President Herzberg asked for a

motion to approve revisions on Policy 9. Director MacDonald moved to approve the revisions, Director

Schafer seconded the motion and it was unanimously passed with Herzberg, MacDonald, Tull, Schafer,

Cartwright and Harris voting aye

Levying Fines against Faith Carriere for Violations of the Association’s Governing Documents:

President Herzberg reported that all the violations have been corrected and the Compliance Manager

recommends repealing the $1,000 fine imposed on Ms. Carriere on May 15, 2019 but to proceed with

fining if any of the same violations are repeated in the future. Director MacDonald moved the $1,000

fine imposed on Faith Carriere of 25422 Oresto Court on May 15, 2019 be repealed, since she has cured

all violations, but to proceed with fining if she repeats any violations in the future. Director Tull

seconded the motion. The motion was unanimously passed with Herzberg, MacDonald, Tull, Schafer,

Cartwright and Harris voting aye.

Levying Fines Against Sharon Reid for Violations of the Association Governing Documents: President

Herzberg stated a first demand letter was sent by the attorney to Sharon Reid at 25046 Doredo Drive on

March 19, 2019 and she cleaned up all unsightly objects on her property. On several occasions after

that, Ms. Reid again placed numerous unsightly objects on her property. The attorney sent Sharon Reid

a second demand letter on June 12, 2019 advising her to remove all unsightly objects and stated the

Association will levy fines of $100 per day per violation for any future violations and/or issue a court

injunction. Ms. Reid has not complied. Updated pictures of the continued violations were taken today

and distributed to the Board, along with a list of all violations. In view of the ongoing violations,

President Herzberg recommended the Board consider levying fines against Sharon Reid for the period

June 12, 2019 through June 18, 2019 and that this fine not be repealed regardless of whether she fixes

the violations.

Director MacDonald moved to impose fines as follows, based on the demand letter sent to Ms. Reid by

the attorney on June 12, 2019:

• Continuing violation of Section 16 of the Declaration: June 12, 2019 thru June 18, 2019 = 7 days

at $100/day = $700 *

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• Continuing violation of Section 11 of the Declaration: June 12, 2019 thru June 18, 2019 = 7 days

at $100/day = $700 *

• Total fine to be levied as an aggregate for all violations = $1,000 *

(*all fines are capped at $1,000 in the aggregate by the Florida Statutes)

The motion was seconded by Director Schafer and unanimously passed with Herzberg, MacDonald, Tull,

Schafer, Cartwright and Harris voting aye. A notice will be sent by the attorney that the matter will now

proceed to a Fining and Suspension Hearing.

Director Harris asked why our association should have to pay attorney fees for the offenders. President

Herzberg explained the association is responsible to pay under Statue 720.

Levying Fines against Melissa Russell for Violations of the Associations Governing Documents:

President Herzberg stated Melissa Russell at 25306 Durango Court has had a pile of concrete pieces in

her back yard since January 8, 2019. Three violation notices were sent, and the attorney sent her a

demand letter on June 5, 2019 but she has not complied. Updated pictures of the continued violation

were taken today and distributed to the Board. President Herzberg recommended the Board consider

fining Ms. Russell.

Director Schafer moved to impose fines as follows, based on the demand letter sent to Ms. Reid by the

attorney on June 5, 2019:

• Continuing violation of Section 16 of the Declaration: June 5, 2019 to June 18, 2019 = 14 days at

$100/day = $1,400 *

• Total fine to be levied as an aggregate for all violations = $1,000 *

(*all fines are capped at $1,000 in the aggregate by the Florida Statutes)

Director MacDonald seconded the motion and it was unanimously passed with Herzberg, MacDonald,

Tull, Schafer, Cartwright and Harris voting aye. A notice will be sent by the attorney that the matter will

now proceed to a Fining and Suspension Hearing.

Harold Sarver request for increase

Harold Sarver requested a $100 increase monthly for landscaping work. Director Tull moved the request

be approved. The motion was seconded by Director MacDonald and unanimously passed with Herzberg,


Website

President Herzberg announced he would invite the Board members to have a look at a potential new

website in the next couple of weeks.

Next Meeting: The next Board meeting will be July 17, 2019 at 7:00 p.m. Director MacDonald moved to

adjourn the meeting, Director Tull seconded the motion and the motion unanimously passed. The

meeting adjourned at 7:30 p.m.


Dorothy Webner


1

Burnt Store Village Property Owner’s Association, Minutes of Board of Director’s Meeting, July 17, 2019 at 7 p.m., Turtle Crossing, 16500 Burnt Store Road Unit 101, Punta Gorda, FL.




President Chris MacDonald, Treasurer Betty Tull, Directors Steve Schafer. A quorum was present. Tom

Cartwright and Bill Harris had excused absences.

Guests: There were 7 property owners present: Compliance Manager Janet Herzberg, Debbie and Carl

Grimm, Linda Powers, Charles Stevens, Neil Dodrill, and Walt Webner.




Review of Agenda: President Herzberg polled the Board to approve to approve the agenda, with the

modification of removing the fining hearings. Director MacDonald moved to approve the July 18, 2019

agenda with Director Tull seconding the motion. The motion unanimously passed with Herzberg,

MacDonald, Tull, and Schafer voting aye.

Public Input- Agenda Items only: There was one name on the sign-in sheet, Linda Powers. A question

was answered related to bonding and President Herzberg explained this is a type of Insurance coverage

to protect against theft of funds.

Disposition of June 19, 2019 Board meeting minutes: There being no corrections to the unapproved


approve the June 19, 2019 minutes and Director Schafer seconded the motion. The motion was

unanimously passed with Herzberg, MacDonald, Tull and Schafer voting aye.

Treasurer’s report: Treasurer Tull reported on balances as of June 30, 2019 as follows: Sun Trust

$151,701, which includes a clean site deposit of $12,500. Director Tull added we opened a new checking

account at Regions Bank, which will be our operating checking account effective immediately. Regions

checking $105,000, Achieva Credit Union M/M $248,482, Petty cash $200, Assessments Receivable

$46,802 with a total of $539,686. Director MacDonald moved to approve and Director Schafer

seconded. The motion was unanimously passed with Herzberg, MacDonald, Tull, and Schafer voting aye.

Presidents Message: President Herzberg reported Harold Sarver has obtained a bid on re-sodding the

berm at our Burnt Store Road Frontage area for $8,800. The County had given us a bid of $35,000.

Director MacDonald made a motion to move $9,000 from the BSR Drainage and Reserve fund to pay for

this project. The motion was seconded by Director Schafer. The motion was unanimously passed with

Herzberg, MacDonald, Tull, and Schafer voting aye.

Committee Reports:

ARC Report: Director Schafer reported a set of home plans for 25347 Barque Point looked fine and will

go to ARC for final approval. There was a discussion on the home that had been approved at 16257

Juarez possibly not going forward.

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Park/Front Entrance: No report available due to absence of Director Harris.

Communications Committee: Director Tull reported one deed restriction sent to new owner at 25180

Cadiz, and approved May Board minutes were placed on Bulletin Board in the park. The President’s

letter was emailed to everyone on email list. Website posting included 2 policy updates, the last 6

President’s letters, unapproved minutes of June 2019 meeting and agenda for upcoming July 17th

meeting.

Grounds Committee: Director MacDonald reported he is waiting for a bid to remove two dead trees –

one on Dinal and one on Mintra. Beautiful Boundaries plans to start the general mowing tomorrow after

the tractor is repaired.

Social Committee: No summer events scheduled.

Community/ Projects Committee: No report given due to absence of Director Cartwright.

Compliance Committee: Compliance Manager Janet Herzberg reported the compliance report was

distributed to Board members in advance. A Compliance Committee meeting was held July 1, 2019 with

4 members present. For the month of June, 7 waiver requests were granted, 4 inspection surveys were

done; 5 Bravo letters and 35 violation letters were sent by compliance. Two demand letters and 2

notices of fining hearings were sent by the attorney. The property on Ortega fixed the violation in one

demand letter. Compliance also sent a violation letter to Epic Roofing for soliciting door-to-door and an

oversize sign posted on Estrada.


Deed Restrictions and Bylaws: President Herzberg reported this is an ongoing project that will take

quite some time.

Hydrologic Trespass: President Herzberg reported SWFWMD is taking Mr. Gibbs to court. He plans to

have Scoops fill in the section where the drainage from the Gibbs property is coming into the BSV rim

ditch.

BSVPOA Insurance and Bonding of President, Treasurer, Admin. Asst.: President Herzberg stated the

insurance is in place, but he is still waiting for additional information on bonding.

Axiom Collection Agency: Our attorney is still working on getting this collection agency terminated.

Annual Assessment Letters: We are continually working to collect on past due assessments.

Administrative Assistant Webner and Treasurer Tull sent out 58 certified letters the first week in July.

Bus Stop Benches: President Herzberg reported we are planning to have two 6-foot benches with

concrete underneath at school bus stops to aid with school children’s safety. Director MacDonald will

get the name of the company and the amount paid for the composite benches purchased in Lee County.

Director Schafer brought up the possibility of going with picnic tables versus benchesBarry will

investigate further.

New Business:

Review Proposed 2019-2020 Budget: President Herzberg reported he had completed the preliminary

budget and sent it out to all Board members for review. He asked if there were any questions and there

3

were none. We plan to meet with Webb- Lorah accounting soon for approval of the draft budget and to

help determine the formula for reserves and carry over funds.

There was an owner question on Charlotte County only picking up part of his tree debris. The resident

was instructed to call the County, and also ask his neighbors if they could help with distribution of the

materials to several houses for pick up.

Next meeting will be August 21, 2019. Director Schafer stated he may be on vacation. Director

MacDonald made a motion to adjourn, Director Tull seconded the motion and it was unanimously

carried.

Meeting adjourned at 7:38 P.M.

Respectfully submitted by Dorothy Webner

1

Burnt Store Village Property Owner’s Association, Minutes of Board of Director’s Meeting, August 21st, 2019 at 7 p.m., Turtle Crossing, 16500 Burnt Store Road Unit 101, Punta Gorda, FL.


President Barry Herzberg called the meeting to order at 7:00 p.m. and started with the pledge of

allegiance. Administrative Assistant Dorothy Webner, CAM, took roll call. Present were: President

Herzberg, Vice President Chris MacDonald, Treasurer Betty Tull, Directors Tom Cartwright and Bill Harris.

A quorum was present. Steve Schafer had an excused absence.

Guests: There were 12 property owners present: Compliance Manager Janet Herzberg, JoAnn

Burkhalter, Debbie and Carl Grimm, Krissy Hurd, Dennis Bacon, Jill Kendall, Charles Stevens, Leon

Luberacki, Neil Dodrill, Jason McCard, and Bruce Lanterman.

Proof of Due Notice: President Herzberg noted the meeting agenda was posted online on the BSV



Review of Agenda: President Herzberg polled the Board to approve the agenda. Director MacDonald

moved to approve the August 21, 2019 agenda, with Director Tull seconding the motion. The motion

unanimously passed with Herzberg, MacDonald, Tull, Cartwright and Harris voting aye.

Public Input- Agenda Items Only: No public input

Disposition of July 17, 2019 Board Meeting Minutes: There being no corrections to the unapproved


approve the July 17, 2019 minutes and Director Cartwright seconded the motion. The motion was

unanimously passed with Herzberg, MacDonald, Tull, Cartwright and Harris voting aye.

Treasurer’s report: Treasurer Tull reported on balances as of July 31, 2019 as follows: Sun Trust

$132,961, Clean Site collected $15,500, Regions Bank checking $107,487 Achieva Credit Union M/M

$248,556, Petty cash $200, Assessments Receivable $46,485 and a total of $520,190. President Herzberg

asked for a motion to approve. Director McDonald moved to approve the Treasurer’s report, and


Tull, Cartwright and Harris voting aye.

President’s Message: President Herzberg reported he had finished the budget. He also stated he has

one person who has expressed an interest in being on the Board and asked any other interested

residents to contact him as soon as possible, as the annual meeting will be held on October 17.

Committee Reports:

ARC Committee report: In Director Schafer’s absence, President Herzberg reported several new homes

are going up in BSV.

Park/Front Entrance Committee: Director Harris reported the front entrance fountain has been

repaired and asked what the cost was; Ms. Webner reported over $6,200. The POA kept the old motor

to possibly fix it for future issues. Director Harris reported he is continuing to set up a meeting with FPL

for the proposal of light on the park power pole.

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Communications Committee: Director Tull reported she mailed out deed restrictions to 25130 Alicante

Drive and 25306 Puerta Drive. She placed the approved June 19 Board minutes on the Park bulletin

board, sent President Herzberg’s letter to residents on the email distribution list, and posted on the

website bulletin board the unapproved minutes of the July 17 Board meeting, the agenda for the August

21st meeting, the agenda for the August 21st fining hearing, and the 8-15-19 President’s letter.

Grounds Committee: Director MacDonald reported Beautiful Boundaries is in the process of mowing

and cannot do certain areas due to extremely wet conditions. They are unable to mow the Zemel ditch

now due to rain. He is working to obtain a bid for mowing the Alcazar ditch. Paradise Lawn will begin

quadrant clean up again next week.

Social Committee: JoAnn Burkhalter reported they plan to move the ice cream social event back to

November 23rd due to the hot weather in September. In October, they plan to do face painting at the

Halloween party. The Committee is contemplating doing a parade at the park in conjunction with the

Holiday Lighting in December, possibly with cookies and juice. The yard sale will be held in February

2020. Jo Ann will present a finalized calendar to the Board for approval at the September meeting.

Community Projects Committee: Director Cartwright reported the office space is still available at Turtle

Crossing if BSVPOA decides to rent a space. He stated as far as the Community Center potentially being

built by the park, obtaining a survey will be the next step. President Herzberg plans to obtain the bid on

a survey for this project.

Compliance Committee: Compliance Manager Janet Herzberg distributed the compliance report via

email for the Board’s review. There were no questions from the Board. A Compliance Committee

meeting was held on August 5th with the chair and 2 members present. For the month of July, 15

violation letters were sent, and 10 waivers were granted.

Unfinished Business: President Herzberg reported the deed restrictions are continually a work in

progress.

Hydrologic Trespass: President Herzberg reported SWFWMD is taking Mr. Gibbs to court for doing work

on his property without a permit and it may be a long procedure.

BSVPOA Bonding of President, Treasurer, and Administrative Assistant: President Herzberg stated he

obtained a bonding quote of less than $1,000 per year and is in the process of obtaining more quotes.

We plan to keep our present liability and D & O insurance for now.

Axiom Collection Agency: President Herzberg reported there has been no cooperation from the Axiom

agency so we may have to go to the attorney general to get results.

Annual Assessment Letters: President Herzberg asked for a status report on collecting assessments. Ms.

Webner reported all assessment letters have been mailed, that we had response on half of the certified

letters that went out and liens will be placed on the properties of owners that did not respond.

Bus Stop Benches: President Herzberg stated we plan to purchase picnic tables or 6-8’ benches for 2 bus

stops. He will ask residents to give him input from school children on their preference.

New Business:

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Imposition of Fines Against Sharon Reid The Fining and Suspension Committee met at 6 p.m. and voted

to affirm the $1,000 fine for unsightly objects on Reid’s property. Director MacDonald moved to proceed

with imposing the $1,000 fine and Director Harris seconded the motion. The motion was unanimously

passed with Herzberg, MacDonald, Tull, Schafer, Cartwright and Harris voting aye. The BSV attorney will

send out the fining letter.

Imposition of Fines Against Melissa Russell: The Fining and Suspension Committee met at 6 p.m. and

voted to affirm the $1,000 fine for a pile of concrete pieces in the back yard since 1-8-19 on Russell’s

property. Director MacDonald moved to proceed with imposing the $1,000 fine and Director Harris


Cartwright and Harris voting aye. The BSV attorney will send out the fining letter.

Levying Fines Against Jean Robinson and her tenant for Violations of the Association’s Governing

Documents: President Herzberg presented information on outstanding violations by Jean Robinson and

her tenant for grass not mowed and the right house gable not being painted and asked for a motion to

impose fines. Since the lawn was recently mowed, the Board decided to table discussion for now.

Review 2019-2020 Budget: President Herzberg sent a draft budget to all Board members for review and

asked if there were any questions. Director Tull moved the draft budget be approved and Director

Cartwright seconded the motion. The motion was unanimously passed with Herzberg, MacDonald, Tull,


The next regular Board meeting will be September 18, 2019 at 7 p.m. at Turtle Crossing, 16500 Burnt

Store Road Unit 101, Punta Gorda, FL. The annual member’s meeting will be held on October 17, 2019 at

7:00 p.m. at the Burnt Store Presbyterian Church in lieu of the regular October Board meeting. Notices

will go out to all residents soon regarding the annual meeting.

Director Tull moved to adjourn the meeting and Director Harris seconded the motion. The motion was

unanimously passed with Herzberg, MacDonald, Tull, Cartwright and Harris voting aye. The meeting was

adjourned at 7:50 p.m.


Dorothy Webner

Community Association Manager

1

Burnt Store Village Property Owner’s Association, Minutes of Board of Director’s Meeting, September 18th, 2019 at 7 p.m., Turtle Crossing, 16500 Burnt Store Road Unit 101, Punta Gorda, FL.


President Barry Herzberg called the meeting to order at 7:00 p.m. and started with the pledge of

allegiance. Administrative Assistant Dorothy Webner, CAM, took roll call. Present were: President

Herzberg, Vice President Chris MacDonald, Treasurer Betty Tull, Directors Steve Schafer, Tom Cartwright

and Bill Harris. A quorum was present.

Guests: There were 11 property owners present: Compliance Manager Janet Herzberg, JoAnn

Burkhalter, Debbie and Carl Grimm, Dennis Bacon, Jill Kendall, Charles Stevens, John McGrath, Lee

Kudaroski, Linda Powers and Jack Forman.

Proof of Due Notice: President Herzberg noted the meeting agenda was posted online on the BSV



Review of Agenda: President Herzberg polled the Board to approve the agenda. Director MacDonald

moved to approve the August 21, 2019 agenda, with Director Harris seconding the motion. The motion

unanimously passed with Herzberg, MacDonald, Tull, Schafer, Cartwright and Harris voting aye.

Public Input- Agenda Items Only: There was no public input

Disposition of August 21, 2019 Board Meeting Minutes: There being one correction to the unapproved

minutes on the clean site fund and the total, President Herzberg asked for a motion to approve the

minutes as corrected prior to public posting. Director MacDonald moved to approve the August 21,

2019 minutes and Director Tull seconded the motion. The motion was unanimously passed with

Herzberg, MacDonald, Tull, Schafer, Cartwright and Harris voting aye.

Treasurer’s report: Treasurer Tull reported on balances as of August 31, 2019 as follows: Sun Trust

$132,961, Clean Site collected $15,000, Regions Bank checking $76,449, Achieva Credit Union M/M

$248,682, Petty Cash $200, Assessments Receivable $41,296 for a total of $484,589. President Herzberg

asked for a motion to approve. Director McDonald moved to approve the Treasurer’s report, and


Tull, Schafer, Cartwright and Harris voting aye.

Presidents message: President Herzberg had Jack Forman explain the need for new bike racks at both

bus stops; the cost is $179 each. Jack plans to put silicone at the base of the racks to prevent rusting.

Director MacDonald moved to approve the purchase and Director Harris seconded the motion. The

motion was unanimously passed with Herzberg, MacDonald, Tull, Schafer, Cartwright and Harris voting

aye.

Jack Forman also presented the idea of a picnic table at both bus stops; the price is $137.99 each, not

including installation or a concrete pad. The decision on a bench versus the picnic tables at each bus

stop was tabled until we get more input from the community.

President Herzberg talked about the need to replace the bulletin board at the park for display of the

required document postings. Director Harris moved to approve spending up to $500 for a 4 ft by 3 ft.

2

display case and Director Tull seconded the motion. The motion was unanimously passed with Herzberg,


Committee Reports:

ARC Committee Report: Director Schafer reported there are currently 5-6 homes in the process of being

built, including two homes each for Pelletier Homes and Sage Homes. ARC approved the plans for 25270

Cadiz and President Herzberg asked for a motion for Board approval. Director MacDonald moved and

Director Harris seconded the motion to approve the plans for 25270 Cadiz. The motion was unanimously

passed with Herzberg, MacDonald, Tull, Schafer, Cartwright and Harris voting aye.

Park and Front Entrance Committee: Director Harris reported the repair of the gazebo is done and the

work order for 2 new lights in the park is in process. He stated it will take 6-8 weeks for completion.

Communications Committee: Director Tull reported she sent one deed restriction copy to 25300

Estrada Circle. She placed the approved July 17, 2019 minutes of the meeting on the bulletin board at

the park. Both the unapproved minutes of the August 21st Board meeting and the Agenda for the

September 18, 2019 meeting were placed on the bulletin board and on our website, www.BSVPOA.us.

Grounds Committee: Director MacDonald reported Beautiful Boundaries cut the Zemel ditch and

completed the August cut. The general mowing started 2 days ago for this month. The clean up of fallen

trees and construction debris, along with other debris on 27 locations was completed. New quadrant

cleanup will start next week.

Social Committee: JoAnn Burkhalter gave a report of 4 new members on the Social Committee and

discussed various upcoming events, with the next event to be Saturday, October 26th from 4 to 6 p.m.

called Halloween in the Village.

Community Projects Committee: Director Tom Cartwright reported that the cost of a survey for the two

lots the POA owns to the east of the Park would be $650 and that two builders directed him to get a

survey prior to obtaining a bid for building a potential community center. Director MacDonald stated he

feels a community center will be a financial burden and is not needed in this community. Director

Schafer, chair of the ARC Committee, stated there is no reason we should need a survey to obtain a bid

on the idea of a community center. Director Cartwright will talk to two builders in the Village to obtain

bid proposals so he can do a cost/benefit analysis. President Herzberg would like the POA to eventually

get to electronic voting so we can poll everyone for their input on building a combined community

center, BSV office and meeting room in the future. Discussion is tabled for now.

Compliance Committee: Compliance Manager Janet Herzberg emailed compliance reports to the Board

prior to meeting for all to review. A compliance meeting was held September 2nd with 3 members

present. For the month of August 2019 there were 37 violations letters sent and 2 notices of fining

hearings. Ms. Herzberg briefly discussed the home at 25785 Prada Drive that is in foreclosure and stated

the violations were not corrected after the fining hearing held by Charlotte County. There were pictures

of proposed hang tags to be placed on property owners’ front doors if they were not compliant with

mowing their lawns. The Compliance Committee will determine which tag(s) to use after reviewing the

input from residents attending the board meeting.


Deed Restrictions and Bylaws: President Herzberg stated this will be an ongoing project.

3

Hydrologic Trespass: President Herzberg reported SWFWMD is taking Mr. Gibbs to court and it may be

a long procedure.

BSVPOA Bonding of President, Treasurer, and Administrative Assistant: President Herzberg stated he

obtained a bonding quote of $991 per year from Chapman Insurance Group, with coverage by

Philadelphia Insurance Company. Director Mac Donald moved to purchase a bonding policy, to include

the President, Treasurer and Administrative Assistant, at $991/year from Philadelphia Insurance

Company. The motion was seconded by Director Schafer and unanimously passed with Herzberg,

MacDonald, Tull, Schafer, Cartwright and Harris voting aye. We plan to keep our present liability and

D & O insurance.

Axiom Collection Agency: President Herzberg reported there has been no cooperation from the Axiom

agency, so we plan to go to the attorney general for results.

Annual Assessment Letters: President Herzberg asked for progress on collections. CAM Webner

reported that liens are in place on the properties for which the annual assessments were not paid.

Levying Fines Against Jean Robinson for Violation of the Association’s Governing Documents:

President Herzberg asked for a motion to implement fining, since there has been no response from the

property owner on violations discussed at the last Board meeting. Director MacDonald moved and

Director Cartwright seconded the motion to implement a $1,000 fine and schedule a fining hearing. The

motion was unanimously passed with Herzberg, MacDonald, Tull, Schafer, Cartwright and Harris voting

aye. The two property owners fined last month did pay their fines.

2019-2020 Budget: The proposed 2019-2020 budget was mailed out with the annual mailing for the

property owners to vote on.

New Business:

Revision of Policy #9 Temporary Waiver of Deed Restrictions: A proposed revision to Policy 9 to clarify

allowable trucks was distributed to the board members. President Herzberg asked for a motion. Director

MacDonald moved to approve the proposed revision to Policy 9 and Director Harris seconded the

motion. The motion was unanimously passed with Herzberg, MacDonald, Tull, Schafer, Cartwright and

Harris voting aye.

Safety and Emergency Preparedness Committee: President Herzberg discussed that it would be a good

idea to have an Emergency plan in place for BSV. The planning would include a list of all emergency

agencies such as FEMA, CERT, and local shelters. In response to a resident’s question, Director

MacDonald explained the importance of having a plan, a list of vendors and steps to take to ease the

handling of a potential emergency such as a hurricane. President Herzberg will obtain suggestions for a

volunteer to head the Emergency Preparedness Committee.

Action to be Taken When Requested Forms Are Not Returned: President Herzberg polled the board on

action to be taken when compliance and/or ARC forms are not returned after numerous requests.

Director MacDonald moved to treat these the same as deed restriction violations and Director Tull



Signs by Contractors on construction sites: President Herzberg asked the board to determine if

contractor and warning/no trespassing signs will be allowed at sites. The Board requested the

4

Compliance Manager check further regarding Charlotte County requirements before we proceed with a

decision.

Next Meeting: There will not be a regular board meeting in October due to the annual member’s

meeting, which will be held on Thursday, October 17, 2019 at 7 p.m. at Burnt Store Presbyterian Church.

The annual meeting notice has been mailed to all residents.

Adjournment: President Herzberg accepted a motion to adjourn by Director MacDonald and seconded

by Director Tull. The motion was unanimously passed with Herzberg, MacDonald, Tull, Schafer,

Cartwright and Harris voting aye. Meeting was adjourned at 8:19 p.m.


Dorothy Webner, CAM
