Barton Hills Village, Michigan

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August 21, 2006

August 21, 2006

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

ROLL CALL     Present:  Trustees Al-Awar, Boddie, Bogat, Butterwick, Laporte, Lindstrom, MacKrell and Perry;  Atty. Reading, Asst. Treas. Redies and Supt. Esch;  BHMC President Bultman and guests James McFarland and Ken Cousino.  Absent: Trustee Wilkes.

PUBLIC COMMENT    BHMC President Bultman read a written statement relating to discussion from the August 2006 BHMC Board of Directors meeting.  Items included:
 --BHMC Atty. Lloyd advised that residential parking issues are a public safety matter (BHV responsibility) rather than a BHMC responsibility under the Deed Restrictions.             
--The VAC budget limit may be unrealistic, as BHMC Directors favored a range of $600,000-$700,000 as necessary to provide an appropriate building;  also, rented office space outside BHV was definitely not supported.                                        (Mr. Boddie arrived)
--BHMC requests soil testing for the pool site and review of insurance coverage that might be used to restore the site to original condition as required by the BHV/BHMC and BHV/BHSCC leases.
--BHMC supports the proposed Zoning Ordinance amendment concerning building height.
--BHMC Board of Directors will meet on the last Thursday of the month beginning in September 2006.
--BHMC By-Laws have been updated.
--Mr. Bultman urged inclusion of public comment during meetings so input could be considered with the discussion of issues and not be confined only to the beginning of the meeting.

MINUTES     Motion     Mr. Perry moved that the minutes of the July 17, 2006 Trustees meeting be approved as printed.  Mr. Al-Awar seconded;  the motion carried.

FINANCE     Mrs. Redies read the cash balances as of August 21, 2006:

Cash Balances
General Fund
        Checking Account              $  51,386
        Savings                              550,908

Total General Fund                    $  602,294

Public Improvement Reserve Fund
        Savings                            $ 140,763

Motor Vehicle Highway Fund
        Savings                            $ 111,433

        Bank One Govt. Trust Account    $ 270,986
        Bank One CD                              100,000
        Bank of Ann Arbor                       121,057
        Ann Arbor Commerce Bank CD        109,776
        United Bank & Trust Washtenaw     101,285
        Flagstar Bank CD                          100,000

Total Savings                                    $ 803,104      

Mrs. Redies distributed the comparison report, noting that the paving costs were not included in the report.

Roads   Mr. Al-Awar reported that paving has been completed, with speed table repainting and road striping in progress.  The paving bill has not been paid, pending receipt of a statement from Washtenaw County verifying that all has been completed to their satisfaction (a requirement of their permit to pave the county-owned portion of the road beyond the West Entrance gate.)   
Buildings    Mr. Lindstrom met with a provider of system-built structures to outline the requirements of the VAC project.  He estimated an expense of $200-400 for drawings from the company to verify information relayed;  the Trustees supported the expense.
There were no comments on the written report.
BHCC Liaison   No comment on written report. (See written reports attached)
Long Range Planning    No comment on written report.
Water    No comment on written report.
Zoning    No comment on written report.  
Environmental Impact   No report.
Finance   No report.
Personnel    No report.
Recreation    No report.
Security   No report.
Vehicles/Equipment   No report.

WIRELESS WASHTENAW      Mr. Perry introduced James McFarland from the Washtenaw County Information Technology Department who gave an update on Wireless Washtenaw (WW), including a hand-out describing the vision, goals and timetable of the project.  WW aims to make high-speed wireless service available to all residents of Washtenaw County.  A basic level of service (84 KB) will be provided at no cost, with the option to purchase upgrades at competitive prices.  Services are especially needed in the western portions of the county where technology providers are not available.  WW will benefit county residents, businesses, the mobile workforce, emergency providers and students and will attract more users to the area.  It is expected that the system will be fully functional by the end of 2007.  Several areas of concern were expressed by the Trustees:
--inflexibility of the Master Agreement.  Mr. McFarland noted that the Master Agreement is in its 5th version, having been adapted in response to community input.  Participating entities have significant control over placement of equipment and other arrangements.
--interference with existing telecommunication equipment.  Cell phones work on a different frequency, so there will be no interference with WW service.  Equipment currently installed at sites won't be effected and more could be added depending on available space.
--termination of the agreement.  The initial agreement term is 6 years, after which renewal is optional.  The municipality could terminate at any time if WW does not provide what is promised;  WW could also terminate if the agreement is not fulfilled as stated.  The benefit of a standard agreement is to streamline the process for the provider, allowing a lower cost for services.
--liability.  While participating entities will bear liability for their own assets involved in the project, the providers will sign performance agreements and WW will be watching closely to make sure agreements are kept.  
Mr. McFarland agreed to consult with WW legal counsel about the question of personal injury/damage due to faulty equipment or other provider issues.  He will also assure that Atty. Reading's office (Atty. Lillich) has the most recent Master Agreement to review.   

AT&T/CINGULAR       Atty. Reading presented a request from Cingular Wireless for a signed estoppel certificate to verify terms of the lease held by AT&T (and recently acquired by Cingular through acquisition of AT&T Wireless Services).  While he was confident that the items in question were satisfactory, Mr. Reading agreed to double-check, especially in regard to drawings of recent work done at the equipment site and current lease payment figures.  Discussion turned to complaints about the noise of a generator provided by Cingular at the water tower site during a recent power outage but left running for a considerable time after power was restored;  also about outdated contact phone numbers.  Mr. Reading will review the current lease and discuss these issues with the Cingular representative in light of what is required in the agreement.

Motion      Mrs. MacKrell moved that Atty. Reading be authorized to sign the estoppel agreement requested by Cingular Wireless once he has confirmed that all points of the agreement are in order.  Mr. Perry seconded;  the motion carried.

ESTATE SALE REQUEST     Mr. Perry referred to the document (sent with the agenda) explaining the request for an estate sale in BHV.  Such sales are not specifically prohibited by BHV Ordinance #12 (which only refers to "auctions") and Atty. Reading advised that an estate sale would be a permitted accessory use under the BHV Zoning Ordinance.  It was agreed that parking near the proposed location would create an unacceptable traffic hazard.  Mr. Boddie will contact the owner directly to discuss this issue.  The Zoning Committee will review the existing ordinance relating to estate sales;  Trustee comments on the ordinance should be directed to Mr. Perry.

COLT FARMS     Ms. Laporte summarized the history of the Colt Farms development, noting that it was first proposed in 2002 for the corner of Joy and Whitmore Lake Roads in Ann Arbor Township.  The community of a minimum of 1000 manufactured homes and an additional 320 traditional homes on the 300-acre site would be serviced by an on-site wastewater treatment system.  Discharge would effect the water quality of the Huron River and Barton Pond.  Water would also presumably be drawn from the aquifer on the property, which is the source of Barton Hills Village water and could have a severe negative impact on water availability to BHV.  A requested change in zoning from agriculture/preservation to residential was not granted in 2003;  however regulations now allow application for the wastewater system permit even though zoning has not changed.  The Michigan Department of Environmental Quality (MDEQ) has issued a notice of intent to grant the permit, and scheduled a public hearing on the application for September 5, 2006.  Ms. Laporte described the issue as the most important challenge facing BHV, with potential for enormous, long-term impact.  She introduced Ken Cousino, a civil engineer who has advised BHV on similar issues in the past, including the 2003 application from Colt Farms to MDEQ.

Mr. Cousino noted his experience in municipal water issues, stating he was familiar with the design and technology of wastewater treatments plants like the one proposed for Colt Farms.  He described the MDEQ permit process, adding that while there may be other factors involved in the Colt Farms proposal (zoning, traffic, noise, light pollution, etc.) it is the potential effect on water resources that should be the focus of BHV attention at this time.  Mr. Cousino also noted that legislation is being proposed that would require zoning approval prior to applying for water treatment permits, but that is not the current situation and it is important to focus on pertinent information at the September 5 public hearing.

Mr. Perry added that Ann Arbor Township has organized a group of consultants to help them present their position on this application.  Township officials feel that Colt Farms has not sufficiently supported their Antidegradation Demonstration--a compilation of information showing that the benefits provided by the proposed development outweigh the lowering of the water quality caused by adding treated water from the wastewater plant to the Huron River via the Welch Drain.  It was also emphasized that public attendance at the hearing is very important, and that MDEQ takes such input into consideration when deciding whether or not to approve the permit.  

Motion     Mr. Boddie moved that Ken Cousino be retained by Barton Hills Village, at a rate of $102/hour not to exceed $3,000, to prepare written documents and present  
information at the Public Hearing being conducted by the Michigan Department of Environmental Quality on September 5, 2006 regarding Permit No. MI0057163 (Colt Farms).  Mr. Al-Awar seconded;  the motion carried.  

Resolution     Continued discussion led to adoption by unanimous vote of the following resolution, offered by Mr. Perry and supported by Mr. Boddie.

Resolved, in light of the proposed degradation in water quality, the threat
to the aquifer that supplies a significant portion of Barton Hills Village's water,
the inconsistency of the proposal with Ann Arbor Township's general development plan, and the applicant's failure to provide an antidegradation demonstration sufficient to carry its burden of proof, the Board of Trustees of Barton Hills Village urges the Michigan Department of Environmental Quality to deny the application of Colt Farms Incorporated for a National Pollutant Discharge Elimination System Permit.

It was agreed that public participation is vital and that BHV should encourage all residents to make their opinions known to MDE    Q on this issue.  A public information meeting was suggested;  further it was noted that the time period prior to the September 5, 2006 Public Hearing is very short.  Copies of a New York Times article on the financial challenges of manufactured housing were distributed.

The meeting was adjourned at 7:42 PM.

Jan Esch, Assistant Clerk


Barton Hills Village Administration Center Review Committee
August 20, 2006

Committee Members Attending: Riad Al-Awar, Forrest Butterwick, Wayne Lindstrom, and Betsy Teeter.  Absent: Chuck Hescheles and John MacKrell.  Walter Esch attended the meeting.  The meeting started at 7:02 PM.

Review of May 18 Meeting Notes 
No changes.

Results of July 17 Meeting of BHV Trustees
There was a good exchange of comments and suggestions regarding the cost estimates that were developed by Dan Whisler of Penchansky-Whisler Architects.

Clearly, the Board believed that the estimated $806,000 cost was not affordable and agreed that it would no longer be pursued.

A motion was passed asking the Committee to provide proposal(s) though would accomplish the goals of the Admin Center project at a total cost of not more than $380,000.

The Committee believes that three alternatives should be pursued:
- Build a system-built structure.
- Utilize an office trailer
- Rent office and storage space on Plymouth Road

Summary of Building and Site Requirements
A one-page summary of previously discussed requirements was discussed and amended.  The amended version is an attachment to these meeting notes.

This Summary will be used to initiate discussions with Royall American Builders --- a system-built building contractor in Saline.  This is the same company that erected the house presently occupied by Chris Ward.

Next Steps
Wayne Lindstrom will contact Royall American Builders and request a cost estimate and preliminary design.

For the next meeting, Wayne Lindstrom will summarize the data we have related to: (1) office trailers and (2) office rentals.

Future Meetings 
The Committee will be poled to determine the best time for the next meeting --- September 10 or 12.

The meeting was adjourned at approximately 8:23 PM.

Prepared by Wayne Lindstrom
August 20, 2006

Barton Hills Village Administration Center

Building Requirements
Full, unfinished basement for utilities and non-record storage

Septic tank and field in accordance with County requirements

Roof --- shingled, pitched roof with character

Siding --- aluminum (also need of cost to upgrade siding to brick)

Formal entry way --- both interior and exterior

Full utilities
- Forced air heat and air conditioning
- Hot and cold water for bathrooms and utility room

Secure storage room with fire protection system for records
- Wire metal shelving to accommodate:
* 13 boxes for the Asst. Clerk (one box is 10” x 12’ x 16”)
* 8 boxes for the Maintenance Superintendent
* 30 boxes for the Asst. Treasurer
* 15 boxes for future requirements
* 1 large box of misc. items for Treasurer
- One large safe (3’4” H x 6’ W x 2’ D)
- One map file (5’ H x 4’ W x 3’ D)
- Three old computers

Secure offices for three employees.  Each office must contain space for:
- Each office must contain:
* Work surface
* Shelf space
* Personal computer & printer
* Space for up to five file cabinets (one file cabinet is four drawers high, 16” wide and 26” deep)
* One visitor’s chair
* Wiring for telephone, electrical, and broadband
* Door lock
* Window
- Maintenance Superintendent’s office should be placed so that it is relatively close to the door and has a view of the maintenance area

Meeting room to accommodate:
- 15 people sitting at a long rectangular table(s)
- 10 chairs for other attendees (e.g., meeting presenters, observers, etc.)
- Video presentations
- Tele-conferencing and video-conferencing
- Wiring (electrical, cable, computer, video, broadband) to accommodate alternative uses for the meeting space

Two barrier-free restrooms

Miscellaneous storage
- Tables and chairs
- Coats

Secure utility room (on the main floor) to accommodate:
- Copier, fax, and shredder
- Office supplies
- Small kitchen area (small refrigerator, microwave oven, sink with disposal) should be near by

Site Requirements
Utilities --- brought to building

Parking --- for at least ten cars

Access road --- between landmark tree and gas pump (avoiding negative impact on landmark tree)

Landscaping --- modest (open to discussion)

Barton Hills Maintenance Corporation met on August 9, 2006.  The following matters were addressed that are of particular concern to Barton Hills Village:

1. Village Administrative Center.  The directors discussed the report of committee chair Wayne Lindstrom and the actions of the village board at its July meeting.  Director felt that the Penchansky Whisler estimate had some merit and expressed dismay at the BHV Trustees’ decision to cap the total cost of the VAC project at $380,000.   Directors voiced support for quality construction that the community could be proud of rather than making a choice based primarily on cost, and offered encouragement to move ahead with the project.
2. Zoning Ordinance Revision.  The Maintenance Corporation board expressed their support for the proposed building height amendment to the zoning ordinance.
3. Barton Swim Club.  The directors discussed the current status and future of the pool and building.  A letter from Barton Hills Maintenance Corporation president, Charles Bultman is attached to this report.  Due to the press of business at the August meeting, this subject will be addressed at the September meeting of the village board.

Attachment:  Letter from Charles Bultman re: Barton Hills Swim Club facility

17 August 2006
Ms. Adele Laporte, President
BartonHills Village Board of Trustees
959 Forest Rd.
Ann Arbor, MI  48105
Re:  Barton Hills Swim Club Corporation--soil testing

Dear Adele,

At our regular meeting on Wednesday August 9th, the Directors had a discussion regarding the status of the Barton Hills Swim Club Corporation (BHSCC) and reviewed the current state of the swim club building and pool.  In light of the fact that this land is owned by the BHMC and is leased to BHV who, in turn, have chosen to sub-let the land to the BHSCC, we feel that it is in the best interest of the BHMC to make some requests of the village regarding this property.

Since it has been communicated to our board that the BHSCC has dissolved their corporation and that it has been made clear that BHV has no desire to operate a public pool, it is obvious that if there is to continue to be a pool in the village it will either have to be operated by the BHMC or another private corporation.  Since the status of this facility has been made known to the whole village, neither I (nor any of the other BHMC Board members) have been approached by residents who want to continue to have a pool;  if there is support for a pool, the supporters have not reached out to the BHMC.  Therefore the BHMC is looking to move to the next step, which is to see the existing pool and pool house removed.

We discussed that, according to the lease between BHV and BHSCC, the BHSCC is responsible to return this land to its original condition when that private corporation is done using the land.  (We also discussed that the requirement to return this land to its original condition is also a part of the lease agreement between BHV and BHMC.)  However since we have been told that the BHSCC has dissolved and has closed their bank account we are doubtful that it will be possible to hold the BHSCC to their agreement with the Village.  Unfortunately that means that the village as a whole will be burdened with the cost to have this private facility demolished.

In the course of our conversation we thought that it would be prudent to have the soil around this facility tested to determine if the operation of the pool for the last 35 years could have contaminated the soil there;  we understand that some of the pool equipment has been leaking for a number of years and we are unaware if the introduction of the pool's chemicals at these levels could have contaminated the soil such that it would require special handling during demolition.  Once the condition of the soil is known it will then be possible to make plans and schedule the removal of the facility.  The village should view this testing as preemptive, not as extraordinary.  In many jurisdictions it is a requriement to have a Hazardous Materials Report filed prior to being able to obtain a demolition permit.  It is also a measure which will serve to protect the Village as we would not want to subject a worker unknowingly to hazardous materials, such as lead or asbestos, both of which seem to have still been legal to use in this state into the 1970's.

Another thought that came out of our conversation was to inquire as to whether the insurance that the Village has for this property would cover the cost to remove this facility since the BHSCC defaulted on their lease agreement;  if so, this would protect the residents of the village, who did not benefit from the private club's facility, from having to pay for the removal of the structure now that it is a liability.  If you have information that there is a group willing to support, upgrade, and maintain a pool in the village we would be happy to pursue a different strategy;  however based on the information we currently have that does not seem to be the case.  Therefore we would like to see this facility dealt with as soon as possible.  Please advise us as to your progress and let me know if there is anything that the BHMC can do to help with this issue.  Thank you for your time and attention to this important matter.

Barton Hills Maintainance Corporation
Charles T. Bultman II, President
cc:  BHMC Directors, Jan Esch, Village Clerk, Joseph Lloyd, BHMC Attorney

Long Range Planning Committee Report (MacKrell)

I'm happy to say that, on 1 Aug. 2006, after a public hearing on the topic, the City Planning Commission voted to put forward the report of the Northeast Area Transportation WITHOUT THE RECOMMENDATION TO CLOSE THE BARTON DR./M-14 RAMP!!!  Though I was not confident of the outcome and thought the vote might be very close, it was 7-1, so it seems our consciousness-raising (lobbying) efforts paid off.  City Council still has to vote on this, but I feel hopeful they will do the same, putting an end to this agonizing and ludicrous process.

Also Thursday, 10 Aug. at 10 AM, I represented Ann Arbor Township and the Village at a ceremony at the rest stop on US-23 just north of here at which the state presented the local jursidictions, in the persons of our legislators, Liz Brater and Pam Byrnes, with a photogenic check for $500,000.00 toward the study of the US-23 corridor.  Everyone who spoke was for a multi-modal approach combining rail with a high-occupancy vehicle lane or two.  This action gets the study off the deferred list and begins the process of looking at all options and gathering input from stakeholders in anticipation of doing someting about the congestion plaguing us along this road.

Water Committee Report No. 123 (Wilkes)

A. Replacement for Well #1
All equipment for the replacement Well #1 is now in place, and—subject to final approval from MDEQ—is ready to be brought into operation.

B. Coliform Bacteria
Starting with a sample taken on 7 July, at least four water samples tested positive for coliform bacteria (many more than that number tested negative) and a warning was circulated to all residents on 12 July.  After further testing the warning was lifted on 21 July.  The event must be recorded in our next Consumer Confidence Report (for 2006).

C. Proposed Colts Farms Development
Several of us received notice from MDEQ in early August saying that they are holding a public hearing on 5 September, 7:00 PM, Forsythe Middle School, concerning a request by Colts Farms Inc. for a permit to discharge wastewater into the Welch Drain (to the west of BHV) from a proposed housing development.   The site consists of 363 acres (zoned A–1), planned for 323 single-family homes and 1,000 manufactured homes.

The proposal has many concerns for BHV, probably the most obvious being that the development would presumably draw water from one of the two aquifers that supplies BHV, probably at a rate of between five and ten times that used by BHV.  (The Colts Farms permit request appears to make no statement concerning the source of their water!)

To help coordinate a BHV response, Mr. Wilkes has contacted the following individuals, and made sure that they are aware of one another:

1. Mike Moran, Ann Arbor Township Supervisor, [email protected], 734–663–3418.
2. Ken Cousino, Engineering Technolgies Corporation (ETC), [email protected], 734–944–2020, 207 E. Michigan Ave., Saline, MI 48176.  Mr. Cousino is very familiar with the situation and has done previous work for BHV.  Mr. Cousino (“kooz-in-oh”) will attend the 21 August Board meeting.  Mr. Wilkes recommends that he be hired to represent us.
3. Jeremy Lopatin, [email protected], 734–662-2200, who works for Carlisle/Wortman, 605 S. Main Street, Suite 1, Ann Arbor, MI 48104, and is coordinating the response for Ann Arbor Township.

Four trustees (Laporte, MacKrell, Perry, Wilkes) are meeting on 16 August for a preliminary strategy session.

for Board Meeting held on August 21, 2006
(Information as of August 15, 2006)

Approved zoning permits:
1.    Barton Hills Country Club: Small gazebo to be erected at the tennis court/swimming pool complex.

2.    40 Barton North Drive (Donald and Donna Kelly): garage renovation, construction of passageway between garage and house, and re-siding.

3.    330 Barton Shore Drive (Brent and Sarah Gephardt): construction of free-standing, pre-fabricated greenhouse at the rear of their house.

Pending zoning permits:  None.

Approved building permits (per Gary Dresselhouse at Ann Arbor Township):

    1.    Barton Hills Country Club: gazebo.

    2.    144 Barton North Drive (George Nichols): re-roofing.