Barton Hills Village, Michigan

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September 19, 2006



September 18, 2006

The Organization meeting of the Board of Trustees was called to order by President Laporte at 7:34 PM at the Village Hall.

ROLL CALL Present: Trustees Al-Awar, Boddie, Bogat, Butterwick, Laporte, Lindstrom, MacKrell, Perry and Wilkes. Absent: None.

Others attending: Atty. Reading, Asst. Treas. Redies, Supt. Esch, BHMC President Bultman, resident Marta Dapena-Baron and landscape architect Russell Graham.

PUBLIC COMMENT Resident Marta Dapena-Baron, 180 Underdown Road, explained the situation of her landscaping/construction project, stating that she and her contractor didn't know permits were needed and apologizing for starting the work without them (submitted a letter of apology from Champion Pools). The project includes construction of a pool and terraces, and stone retaining walls to address the severe erosion in the back and side yards. She has talked to neighbors at 140 Underdown Road and 400 Barton Shore Drive, and Zoning and Planning Administrator Perry about the project. Her landscape architect Russell Graham stated that the stone deposited along the Barton Shore Drive side of the lot is to keep mud from equipment tires off the road during construction. Mr. Perry noted that he would address this project during his report later in the meeting.


President Mr. Perry nominated Adele Laporte for the office of President; seconded by Mr. Lindstrom. Mr. Butterwick nominated Mr. Lindstrom, who declined. Mr. Lindstrom moved that the nominations be closed and Ms. Laporte be elected President; seconded by Mr. Boddie and carried.

President Pro Tem Mr. Wilkes nominated Cheryl MacKrell for the office of President Pro Tem; seconded by Mr. Lindstrom. Mr. Perry moved that the nominations be closed and Mrs. MacKrell be elected President Pro Tem; seconded by Mr. Boddie and carried.

Clerk Mr. Perry nominated Forrest Butterwick for the office of Clerk, seconded by Ms. Bogat. Mr. Boddie moved that the nominations be closed and Mr. Butterwick be elected Clerk; seconded by Mr. Lindstrom and carried. Mr. Butterwick took the oath of office.

Appointments The following appointments were made by President Laporte:

Treasurer Will Boddie Assistant Treasurer Carolyn Redies

Attorney Mark Reading Assistant Clerk Jan Esch

Assessor Adele Laporte

In response to a question concerning appointment of the Assessor, it was noted that assessments are determined by the Ann Arbor Township assessor through an agreement between Barton Hills Village and Ann Arbor Township.

Committee Assignments Ms. Laporte asked that Trustees contact her if they wish to change their current Committee Assignments. She also requested input from the Board concerning goals for the coming year.

MINUTESMotion Mr. Al-Awar moved that the minutes of the August 21, 2006 Trustees meeting be approved as printed. Mr. Boddie seconded; the motion carried.

Motion Mr. Lindstrom moved that the minutes of the August 28, 2006 Special Trustees meeting be approved as printed. Mr. Wilkes seconded; the motion carried.

FINANCE Mrs. Redies read the cash balances as of September 18, 2006:

Cash Balances

General Fund

Checking Account $ 34,745

Savings 834,564

Total General Fund $869,309

Public Improvement Reserve Fund

Savings $140,763

Motor Vehicle Highway Fund

Savings $111,433


Bank One Govt. Trust Account $ 546,972

Bank One CD 100,000

Bank of Ann Arbor CD 124,056

Ann Arbor Commerce Bank CD 112,076

United Bank & Trust Washtenaw 101,504

Flagstar Bank CD 102,152

Total Savings $1,086,760

Mrs. Redies distributed the comparison report, noting that the Motor Vehicle Highway Funds arrived late, so there is no change in the current month/past month amount. In response to a question, Mrs. Redies stated that summer tax bills that are not paid have interest/penalty charges added. Residents have until February 28, 2007 to pay the bill before it is turned over to Washtenaw County. Additional interest/penalties are added and after two years the property is sold.


Environmental Impact Mr. Butterwick stated that a dog belonging to the Scott family on Underdown Road recently died of Lyme disease. Mr. Bultman added that the dog had been inoculated, and the veterinarian is investigating. Mr. Butterwick will research this further, and a letter of warning will be sent to all residents.

Recreation Ms. Bogat described plans for the Fall Social, which will be a cocktails and desserts extravaganza at Barton Hills Country Club on Wednesday, October 18, 2006 from 7-9 PM at a cost of $20/person. Invitations will be sent this week. The committee hopes that more people will attend since the format is less formal and the cost is lower than the previous dinners.

Roads Mr. Al-Awar reported that shoulders will be graveled along the new sections of paving, with striping done as soon as a satisfactory supplier can be retained. Work continues on painting of the speed tables. It was suggested that Underdown Road be considered for paving next year. Mrs. MacKrell arrived

Zoning Mr. Perry added to his written report that Ann Arbor Township has issued a building permit for the window replacement at 880 Colliston Road (Teeter). In regard to the situation at 180 Underdown Road, Mr. Perry explained that serious erosion and sedimentation problems led the homeowners to ask that they be permitted to resume the project as soon as possible; the project was suspended when they learned of the need for permits. A special meeting of the Board was requested and denied. Mr. Perry displayed the project plans, indicating construction of a pool and several stone retaining walls, adding that the BHV Zoning Ordinance specifically identifies walls and fences as structures requiring approval from the Board of Trustees. Also, one section of the retaining wall encroaches on the set back, which requires a variance. Discussion of the project was aided by comments from Mr. Graham. Trustee concerns included appearance of the stone walls (elevations requested), view from the neighbors/road, impact on the natural features and appearance of the pool fence. It was the consensus of the Board that the retaining wall is a structure requiring Board approval under the BHV Zoning Ordinance. New state legislation requires 15 days notice for public hearings related to zoning issues so the earliest date the Board could review this project would be October 3, 2006. Discussion focused on the timing of the meeting in view of the notice requirements and the need to provide adequate information so the meeting would be productive.

Motion Mr. Lindstrom moved that a special meeting be convened at the earliest possible date convenient to the Board of Trustees to review the fence/variance issues at 180 Underdown Road. Mrs. MacKrell seconded. The motion failed on a 5-4 vote (no--Boddie, Bogat, Laporte, Lindstrom, Wilkes; yes--Al-Awar, Butterwick, MacKrell, Perry).

Review of the project will take place at the October 16, 2006 Trustees meeting. Mr. Bultman noted that BHMC would review the project at its meeting on September 28, 2006. Final approval from BHMC would not be given prior to zoning approval from BHV, but a committee could be appointed so the process could proceed simultaneously.

Mr. Perry asked that any comments or questions from the Trustees be directed to him, adding that he will meet with the owners and the Zoning Committee to prepare for the October 16, 2006 meeting. Ms. Dapena-Baron gave permission for Trustees to visit the property.

Buildings Mr. Lindstrom added to his written report that he had met with architect Lincoln Poley, who provided an estimate for updating his previous drawings for the VAC building. The cost in architectural fees would be about half of what was proposed by Penchansky Whisler, but the cost estimates for construction were in the same range of $220-250/square foot. The committee is also investigating environment-friendly building practices through EnHouse on South Industrial Road (

Long Range Planning Mrs. MacKrell gave a report on the Ann Arbor City Council meeting she attended earlier in the evening, stating that the Council adopted the Northeast Area Transportation Plan in a manner that eliminated the proposal to close the M-14/Barton Drive interchange. The Trustees responded to this news with applause and appreciation for the many hours Mrs. MacKrell and others have spent on this issue. Mrs. MacKrell added that the LRP Committee will continue to work with the Michigan Department of Transportation to improve the safety of the interchange.

BHCC Liaison No comment on written report.

Water No comment on written report.

Finance No report.

Personnel No report.

Security No report.

Vehicles/Equipment No report.

AT&T/CINGULAR Atty. Reading confirmed that the estoppel request from Cingular was completed and signed, and that a letter was sent asking for emergency contact numbers and a quieter generator. Mr. Wilkes added that the noisy generator discussed previously was actually provided by VoiceStream/TMobile rather than Cingular. Mr. Reading will check the language in all of the telecommunications leases regarding noise levels and send letters regarding generators and emergency contact numbers.

COLT FARMS Appreciation was expressed for the great effort given by Trustees, residents and others in response to the Colt Farms permit application No. MI0057163. Ms. Laporte stated she had quite a collection of materials to submit to the Michigan Department of Environmental Quality on behalf of BHV, and felt the Public Hearing on September 5, 2006 went well. She referred to the many other groups and individuals that have also addressed this issue, and indicated that whether the permit is granted or not, the case will certainly continue in litigation and more BHV support will be required.

POOL BHMC has requested that BHV arrange for soil testing to determine if there is contamination prior to demolition of the pool. Mr. Bultman added that the pool is a liability as it is now, and should be dealt with in a timely manner. Investigating insurance coverage as suggested by BHMC was supported as the first step. Other costs should be explored to determine if it would be better to demolish the pool or fix it. It was agreed to make this an agenda item as soon as the insurance coverage question has been answered.

The meeting was adjourned at 9:29 PM.

Jan Esch, Assistant Clerk