Barton Hills Village, Michigan

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October 17, 2005

TRUSTEES OF BARTON HILLS VILLAGE                                         
October 17, 2005

The regular meeting of the Board of Trustees was called to order by President ProTem MacKrell at 6:03 PM at the Village Hall.

ROLL CALL     Present:  Trustees Al-Awar, Boddie, Bogat, Butterwick, Lindstrom,  MacKrell and Perry;  Atty. Reading, Asst. Treas. Redies and Supt. Esch;  BHMC President Bultman and residents Ross Hieber, Elizabeth Ong and Peter Scott.     Absent:  Trustees Laporte and Wilkes.

PUBLIC COMMENT    Mrs. MacKrell convened the Public Comment period for the purpose of receiving public input on the BHV Hazard Mitigation Plan which was adopted on October 19, 2004.  There being no public comments, the period was adjourned at 6:06 PM and the Trustees meeting convened.

HAZARD MITIGATION PLAN      Mrs. MacKrell called attention to the report on the BHV Hazard Mitigation Plan, which is to be reviewed annually.  There were no comments from the Trustees on the plan.

Motion    Mr. Lindstrom moved that the minutes of the September 19, 2005 Trustee meeting be approved as printed.  Mr. Boddie seconded;  the motion carried.

RESOLUTIONS     Mr. Butterwick read the following resolutions:

BE IT RESOLVED that since BARBARA HENSINGER has served as a member of the Barton Hills Village Board of Trustees for fifteen years,and whereas she has brought enthusiasm and energy as well as knowledge and determination to her position as Chairman of the Environmental Impact Committee and in other duties, the members of the Board of Trustees wish to thank Mrs. Hensinger wholeheartedly for her loyalty and dedication to Barton Hills.

BE IT FURTHER RESOLVED that this resolution be recorded in the minutes
of the Barton Hills Village Board of Trustees.    
Passed unanimously on October 17, 2005.

BE IT RESOLVED that since DORIS FOSS has served as Clerk of Barton Hills Village for twelve years,   and whereas she has enthusiastically and conscientiously carried out her duties, the members of the Board of Trustees wish to thank Mrs. Foss wholeheartedly for her loyalty and dedication to Barton Hills Village and its residents.

BE IT FURTHER RESOLVED that this resolution be recorded in the minutes
of the Barton Hills Village Board of Trustees.    
Passed unanimously on October 17, 2005.

Motion     Mr. Boddie moved that the resolutions honoring Mrs. Hensinger and Mrs. Foss be approved as read.  Mr. Al-Awar seconded;  the motion carried.

ORGANIZATION     Mrs. MacKrell asked if there were any corrections needed on the list of Committee Assignments or the Board Information list.  None were expressed.

In regard to the Open Meetings Act/Parlimentary Procedure report circulated by email, Mrs. MacKrell noted that abstention from voting can only be approved if announced in advance and the Trustee requesting such abstention should not take part in the discussion of the issue;  further that abstentions are usually only granted in cases of financial conflict of interest.  Mrs. Esch added that elected officials are expected to vote every time and cannot abstain just to avoid making a choice.  She also stated that according to the BHV Charter Trustee meetings are governed by Robert's Rules of Order.

Motion     Mr. Boddie moved to reschedule the Trustee meetings as follows due to the expected absence of some Trustees during the holidays (11/14/05):
    Monday, November 14, 2005 instead of Monday, November 21, 2005
    Monday, December 12, 2005 instead of Monday, December 19, 2005.
Both the November and December 2005 meetings will begin at 6:00 PM instead of
5:45 PM at the Village Hall.  Mr. Lindstrom seconded;  the motion carried.

ZONING ADMINISTRATOR     Atty. Reading was asked if the same person could be President and Zoning Administrator.  He replied that it was probably fine;  however, he changed his reply after hearing the actual wording of the BHV Zoning Ordinance.  Mrs. Esch read Section 11.01:
    The Village President shall appoint an officer to be known as the Zoning and Planning Administrator, subject to the approval of the Village Council.  The Administrator shall serve at the pleasure of the President.
Mr. Reading interpreted the sentence, "The Administrator shall serve at the pleasure of the President." to mean that the President has some authority over the Administrator, and that it would be improper for the two positions to be held by the same person.  It was therefore agreed that Mr. Al-Awar continues to be the Zoning and Planning Administrator.

Discussion then focused on the Certificate of Zoning Compliance issued by Mrs. Laporte to Louis Probst and Kathering Klein for their construction project at 280 Barton North Drive.  It was agreed that this certificate was issued in error and that the signed plans should be retrieved from Ann Arbor Township Building Inspector Gary Dresselhouse.  Further, it was made evident that Zoning Committee members Butterwick and Perry had not been given opportunity to review the construction plans, and that they had concerns about the height of the roof being greater than what is allowed in the BHV Zoning Ordinance.  Mr. Al-Awar stated that while the architect for the Probst/Klein project had submitted pertinent portions of zoning ordinances from other area jurisdictions indicating that roof height is determined by using a mid-point measurement in those townships/cities, that is not the method that he has used during his tenure as Zoning Administrator.  Section 5.03 of the BHV Zoning Ordinance states that residential homes may not exceed 35 feet or 2 1/2 stories in height, but does not explain how height should be measured.  Mr. Al-Awar stated that he has applied the ordinance by measuring from the ground level to the highest point of the roof consistently in all the construction plans he has reviewed as Zoning Administrator.   The Probst/Klein plans do not comply with the Zoning Ordinance when measured in this way.  Mr. Bultman stated that Barton Hills Maintenance Corporation approved the Probst/Klein plans in good faith, assuming that Mrs. Laporte had the authority to issue the Certificate of Zoning Compliance.  Mr. Al-Awar added that in the past, President Wilkes signed on his behalf when he (Mr. Al-Awar) was out of the country.

Motion     Mr. Lindstrom moved that future zoning applications be thoroughly reviewed by the Zoning Committee before the Zoning Administrator signs a Certificate of Zoning Compliance.  Mr. Butterwick seconded;  the motion carried.

Motion     Mr. Perry moved that Mr. Al-Awar contact Ann Arbor Township Building Inspector Gary Dresselhouse, architect Lincoln Poley and builder Christian Tennant by telephone to advise them that a letter would be faxed to them as soon as possible indicating that the Certificate of Zoning Compliance was not properly issued and would need to be returned.  Mr. Butterwick seconded;  the motion carried.

Mr. Bultman stated that if the Probst/Klein building plans were changed, they would need to be reapproved by BHMC.  It was noted that a variance could be applied for, although opinion was expressed that a variance would  be contrary to the intent of the ordinance to limit building height to 35 feet unless undue hardship or practical difficulties could be established.  Atty. Reading urged the Trustees to consider amending the BHV Zoning Ordinance to clarify how the height should be measured.  The Zoning Committee was asked to examine the BHV Zoning Ordinance and report back to the Board any amendments they felt were needed on the height issue, or any other part of the document.   

FINANCE     Mrs. Redies read the cash balances as of October 17, 2005:

Cash Balances
    General Fund
        Checking Account              $  10,501
        Savings                              927,754
Total General Fund                     $ 938,255
    Public Improvement Reserve Fund
        Savings                            $113,457
    Motor Vehicle Highway Fund
        Savings                            $  98,820
        Bank One Govt. Trust Account  $  813,004
        Bank of Ann Arbor                       119,425
        Ann Arbor Commerce Bank CD       107,907
        United Bank & Trust Washtenaw     99,695
Total Savings                                 $1,140,031
Mrs. Redies distributed the financial report dated September 30, 2005 which contained the Cash Disbursements listing that was distributed with the agenda.  She noted a check issued to Haul-All for downpayment towards the new garbage truck box and additional election expenses for compensation of election inspectors.

Motion     Mr. Boddie moved that the 2nd Quarter disbursements be approved as printed (see Aux. Book VII D).  Mr. Al-Awar seconded;  the motion carried.

Mrs. Redies read a resolution concerning Mr. Esch's retirement cost of living increase.  The premium cost to BHV would increase by $134.

Motion     Mr. Lindstrom moved that the resolution granting a 2% cost of living increase in retirement benefits through the Municipal Employees Retirement System for Walter Esch for 2006 be approved as read.  Mr. Al-Awar seconded;  the motion carried.

PERSONNEL     Mrs. Laporte was absent.

RECREATION     Ms. Bogat reported that plans were set for the Village Dinner on Wednesday, October 19, 2005, and that Mrs. Esch would be sending out notices for the Halloween Hayride next week.

ROADS     Mr. Al-Awar stated that road paving is expected to begin later in the week, with striping of the speed tables and lanes to follow.  The paving company has been working on the drain on the access road off Underdown Road.

SECURITY     Mr. Butterwick deferred to Mr. Esch who reported four false alarms during the past month, plus an incident where a resident tipped over a tractor and needed help getting the vehicle upright.  No one was injured in the mishap.  

Mr. Butterwick stated that dead trees are endangering the power lines near the corner of Underdown Road and Barton Shore Drive, suggesting that the owners be contacted and urged to remove the trees.  Mr. Al-Awar added that he had talked with Mrs. Cattell about installing a mirror near the end of her property by the intersection of Underdown Road and Barton Shore Drive;  she was not very receptive to the idea.  It was suggested that the vegetation at that intersection was also contributing to the limited sight problem.  Mrs. MacKrell will contact the new owners at 180 Underdown about these questions.  

Mr. Butterwick suggested distribution of a Disaster Preparedness brochure available from Washtenaw County.  He will also write a letter to Ann Arbor Township Supervisor Michael Moran concerning the Board's understanding of the inclusion of Barton Hills Village in Ann Arbor Township's plan for Washtenaw County  Sheriff's patrols.

Discussion focused on the deer management program and how best to alert residents to the activities of the management team.  Information on the program and how residents can let their wishes be known will be distributed soon.

ENVIRONMENTAL IMPACT     Mr. Butterwick had no report.

VEHICLES/EQUIPMENT     Mr. Al-Awar noted that the new garbage box for the truck has been ordered.

WATER     Mr. Wilkes was absent.

ZONING     Mr. Perry had no report, but did have a question concerning the requirements of the Open Meetings Act regarding committee meetings.  Mrs. Esch explained that committees were listed in the Act as groups whose meetings are open to the public.  Meeting dates and times should be posted on the Village Bulletin Board, and meetings held in the Village Hall.  Residents may attend such meetings and must have opportunity to provide input, although they may not interfere with the conducting of the meeting.  Atty. Reading was asked to investigate this question more thoroughly and report to the Trustees at the next meeting.  

BUILDINGS     Mr. Lindstrom stated there had been little response to the first VAC Newsletter that was distributed to residents.  The committee expects to have recommendations ready to present to the Board in the near future.  Mr. Bultman asked about the committee meetings, indicating that BHMC would like to appoint a new representative from the corporation to the committee since John MacKrell is no longer a BHMC Director.
FINANCE     Mr. Boddie reported that Atty. Reading had reviewed the contract between BHV and T-Mobile for telecommunication equipment installation on the water tower.  The contract will be up for renewal soon and T-Mobile is proposing a significantly lower rent.  It is the committee's recommendation that the proposal not be accepted, as there is no advantage to BHV to do so.                                   
                                                     Mr. Butterwick left

LONG RANGE PLANNING      Mrs. MacKrell described a new coalition spearheaded by Northfield Township that hopes to support efforts to widen US-23 north of Ann Arbor.  This may aid in the efforts to keep the M-14/Barton Drive intersection open.  Mrs. MacKrell suggested that BHV should consider contributing financially to the coalition.  Opinion was offered that widening US-23 may not be the best option and may lead to urban sprawl.  More information on the issue will be sought.

UNFINISHED BUSINESS     No further communication has been received from Mr. Yousseff regarding a fence on his property.   

NEW BUSINESS      Discussion focused on the speed limit, particularly along Underdown Road where there are more families with children.  Resident Peter Scott requested more intensive enforcement and any other efforts that would help to make the roads safer for pedestrians and bikers.                     
 Mr. Lindstrom left during the discussion  (11/14/05)       

The meeting was adjourned at 7:43 PM

Jan Esch, Assistant Clerk