Barton Hills Village, Michigan

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April 18, 2005

April 18, 2005

The regular meeting of the Board of Trustees was called to order by President Wilkes at 5:47 PM at the Village Hall.

ROLL CALL     Present:  Trustees Al-Awar, Boddie , Hensinger, Laporte, Lindstrom, MacKrell and Wilkes;  Atty. Reading, Asst. Treas. Redies and Supt. Esch;  BHMC President Bultman and residents Elizabeth Ong and Maria Paluszny.    Absent:  Trustees Butterwick and Pickl.

Motion     Mr. Lindstrom moved that the minutes of the March 21, 2005 Trustee meeting be approved as printed.  Mr. Al-Awar seconded;  the motion carried.

President Wilkes noted that Trustee Pickl is seriously ill and not expected to return to his position on the Board.

FINANCE      Mrs. Redies read the cash balances as of April 18, 2005:

Cash Balances

    General Fund
        Checking Account             $    9,864
        Savings                              667,826
Total General Fund                    $  677,690

    Public Improvement Reserve Fund
        Savings                            $111,762

    Motor Vehicle Highway Fund
        Savings                            $  91,836

        Bank One Govt. Trust Account    $ 547,651
        Bank of Ann Arbor                       118,106
        Ann Arbor Commerce Bank CD        106,537
        United Bank & Trust Washtenaw      99,130
Total Savings                                   $ 871,424

Mrs. Redies distributed the Financial Statement dated April 18, 2005.  She noted that changes may be made prior to the final approval of the budget at the May 17, 2005 Annual Meeting.  Regarding the disbursements, $1,000 has been paid to Don Packard for tree removal, representing the first installment of the total $3,500 project from the Environmental Impact Committee budget.

Motion    Mrs. MacKrell moved that the 4th Quarter disbursements be approved as printed (Aux. Book V D).  Mrs. Laporte seconded;  the motion carried.

TRUSTEE RESOLUTION    The following resolution was read by Mr. Lindstrom:

    BE IT RESOLVED that since WILLIAM DAVIS has served as Village Trustee
for four years; and, whereas he has faithfully offered service and carried out the
assignments of this volunteer position for the good of Barton Hills Village during
those years, the members of the Board of Trustees wish to thank Mr. Davis for this
dedication and loyalty to the Village Trustees and the residents of Barton Hills and
express appreciation and extend their best wishes to him.

    BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of
    the Barton Hills Village Board of Trustees.
Motion     Mr. Al-Awar moved that the resolution honoring Mr. Davis be adopted as presented.  Mrs. MacKrell seconded;  the motion carried.

TABLED MOTIONS     Mr. Wilkes referred to the distributed copies of two motions that have been tabled for several months.

I.  Approval Process.  At the May 18, 2004 Board of Trustees meeting, there was considerable discussion concerning the memo from BHMC dated April 15, 2004 about the construction project approval process and stamp.  The minutes state:
    Motion     Mrs. MacKrell moved that the request from BHMC concerning
    the approval process as stated in their memo of April 15, 2004 be approved.
    Mr. Davis seconded.  Mrs. MacKrell moved to amend her motion to change
    the wording on the proposed stamp from "Not Approved" to "Denied" in the
    two places that wording appears.  Mr. Davis seconded;  the motion to amend
    passed.  Mr. Al-Awar moved to add another box under the BHMC section
    labeled "Does Not Apply";  the motion died for lack of a second.  Due to the
    shortness of time and the feeling that more discussion was necessary, Mrs.
    MacKrell moved to table her motion.  Mr. Butterwick seconded;  the motion
    to table carried.

Motion     Mrs. MacKrell moved to take the motion from May 18, 2004 from the table for consideration.  Mrs. Laporte seconded;  the motion carried.

Motion     Mrs. MacKrell moved that the motion from May 18, 2004 as presented be approved.  Mrs. Laporte seconded;  the motion was defeated by unanimous vote.

II.  Village Hall Landscaping.  At the July 19, 2004 Board of Trustees meeting, there was
considerable discussion concerning the Village Hall Project.  The minutes state:
    BUILDINGS     ůMr. Al-Awar asked about a landscape design for the
    Village Hall project.  Some investigation has been done but no funding
    has been designated.  Mrs. MacKrell moved that $5,000 be budgeted
    for landscape design, seconded by Mr. Pickl, but no action was taken on
    the motion.  Mr. Boddie felt that no more money should be allocated unless
    the Board was firm in its commitment to continue with the projectů

Motion     Mrs. MacKrell moved to take the motion from July 19, 2004 from the table for consideration.  Mr. Al-Awar seconded;  the motion carried.

Motion    Mrs. Laporte moved that the motion from July 19, 2004 as presented be approved.  Mrs. MacKrell seconded;  the motion was defeated by unanimous vote.

ZONING     Mr. Al-Awar stated there have been questions recently about Zoning Ordinance compliance.  He received permission from President Wilkes to consult with Atty. Reading, who drafted a proposed amendment (distributed to Trustees with the agenda).  Mr. Reading explained that the current ordinance only requires a site plan for special uses.  The proposed amendment sets forth specific elements of a site plan that would be required for any construction project that did not fall under the special uses category.  Mr. Reading noted minor typographical corrections in the document.

Discussion included:
--BHMC requires a detailed site plan for architectural review.  This amendment would require a site plan that is not as specific, but covers the basics needed for zoning compliance review.  If the zoning is not approved, the owner has not invested a great deal of money in plans.
--Projects should not be evaluated by size or cost;  the site plan requirements should be the same for any project.
--Zoning compliance review focuses on set backs, placement on the lot, etc. so detailed construction plans are not necessary at this point in the process.
--A site plan prepared by the owner rather than an architect is still a valid document and can be assumed to be accurate.  The proposed amendment is specific about being to scale, providing a legal description of the lot, etc.  It should be trustworthy.
--It is desirable that the process not be too complicated or demanding on the owner.  
--The proposed amendment seems to clearly set forth what is expected from the owner.
--The proposed amendment should require an engineered survey so there is no guesswork.
--The proposed amendment has a provision to request additional information that would cover any questions.

Motion     Mrs. Hensinger moved that the proposed amendment to Section 11.03 of the BHV Zoning Ordinance be approved as presented.  Mrs. MacKrell seconded.  The motion carried in a show of hands vote with Mrs. Laporte voting no.

Motion     Mr. Boddie moved that the application form distributed with the proposed zoning amendment be made part of the requirement for zoning compliance.  Mr. Al-Awar seconded;  the motion carried.                                                                                                               Mrs. Laporte left       

BUILDING CODE     Mr. Wilkes has received a letter concerning building code enforcement evaluation conducted by Insurance Services Office, Inc.  Representatives will be meeting with Ann Arbor Township Building Inspector Gary Dresselhouse, who  enforces codes in BHV.  Mr. Wilkes asked that the Zoning Committee follow up on this letter.

BUILDINGS     Mr. Wilkes referred to his letter of April 15, 2005 in which he explained the results of his discussions with the Trustees regarding the restructuring of the Village Hall Committee.  He has appointed Trustees Al-Awar, Butterwick and Lindstrom to the new committee, and will write a letter to BHMC asking them to appoint one representative from their Board.  Resident Sam Clark has agreed to serve on the committee since resident Maria Paluszny declined due to time constraints.  It was agreed that the goals of the committee as stated in the letter were acceptable.  There is no formal timetable but the committee was urged to meet soon.  Atty. Reading stated the committee did not need to post their meeting times because a quorum of the Trustees would not be in attendance.

ENVIRONMENTAL IMPACT     Mrs. Laporte has asked to be excused from chairing this committee.  Mr. Wilkes has received some calls about the damage to the fence on Barton Shore Drive near the Lower Gate.  Mr. Esch explained that a truck exiting from M-14 suffered a brake failure, and was able to steer through the stone pillars but went through the fence and knocked over a tree.  The trucker's company will pay for removing the damaged tree and planting a new, smaller tree of similar kind.  Differing opinions have been expressed on whether to repair the existing barbed wire fence, change the fence to some other type, or remove it altogether.

Motion     Mrs. Hensinger moved that the existing barbed wire fence along Barton Shore Drive be removed.  Mr. Lindstrom seconded.  Following discussion Mr. Al-Awar moved to table the motion until the June 20, 2005 Board of Trustees meeting;  further that residents be asked to voice their opinions concerning this issue at the Annual Meeting or directly to the Board in some other way.  Mrs. MacKrell seconded;  the motion to postpone carried with Mr. Boddie abstaining.

FINANCE     A letter has been received from BHMC requesting that the lease between BHV and BHMC be renegotiated with a raise in the amount from $4,000 to $12,000 per year above taxes.  When asked to justify this request, BHMC President Bultman explained that expenses have risen in the past few years that have used up reserve funds.  In particular legal expenses regarding the land transfer have been higher this past year, and BHMC anticipates a larger expense in the future as Mrs. Esch works on organizing the files.  Mr. Bultman referred to a financial comparison study prepared by Mrs. Redies, noting that the BHMC estimated budget and raise request were based on these figures.  He also noted that the Barton Boat Club lease has been significantly reduced, and that BHMC has no other sources of income.  The proposed BHMC budget is based on estimated expenses of:
    $  2,500    insurance
           300    professional services (Mrs. Redies)
        5,000      legal
        3,500    miscellaneous (Mrs. Esch/office expenses)

Mr. Boddie felt the legal expenses of last year were not an expected normal expense, and shouldn't be supported by the higher amount requested.  He asked Atty. Reading if there was anything that precluded BHV from making a one-time reimbursement for specific services rendered;  Mr. Reading replied there was not.  Mr. Boddie suggested that a one-time reimbursement might be considered, but was not supportive of a long term significant raise in the lease amount.  He recommended a three year average of the expenses to arrive at a more reasonable figure, adding that any large legal expenses due to unforeseen circumstances should be apparent in time to be dealt with appropriately.  It was noted that the lease amount was last negotiated ten years ago, and that there were advantages and disadvantages to both a five-year and one-year lease.

Mr. Lindstrom was authorized to negotiate with BHMC concerning this request so progress could be made before the next Trustee meeting.

LONG RANGE PLANNING     Mrs. MacKrell gave a brief update on the Continuity of Government, M-14/Barton Drive and Election Consolidation issues.

OTHER COMMITTEE REPORTS      Mrs. Esch will check on dates for the Village Picnic in June.  Mr. Wilkes distributed a written report from the Water Committee.  There were no other committee reports.

There being no further pressing business, the meeting adjourned at 7:41 PM.

Respectfully submitted,

Janice K. Esch
Assistant Clerk