Barton Hills Village, Michigan

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April 16, 2007



April 16, 2007

Trustee Boddie was chosen by motion (Lindstrom/Al-Awar/P) to serve in the absence of the President and President ProTem and called the regular meeting of the Board of Trustees to order at 6:03 PM at the Village Hall.

ROLL CALL Present: Trustees Al-Awar, Boddie, Bogat, Boyle, Butterwick, Lindstrom and MacKrell. Absent: Trustees Laporte and Wilkes.

Others attending: Atty. Reading, Asst. Treasurer Redies, Supt. Esch, BHMC President Bultman, BHMC Atty. Lloyd and resident Peter Scott.

Motion Mr. Al-Awar moved that the meeting be adjourned for the Board of Zoning Appeals meeting. Mr. Butterwick seconded; the motion carried. Motion Mr. Lindstrom moved that the regular meeting of the Board of Trustees be reconvened at 7:00 PM. Mr. Al-Awar seconded; the motion carried.

PUBLIC COMMENT Resident Peter Scott distributed information concerning traffic speeds on Underdown Road (and other locations in BHV), noting that there are six families with children in his neighborhood. He expressed concern that traffic averaging 30 mph (twice the posted limit) poses a danger to pedestrians and children riding bicycles and asked that a speed table be installed on Underdown Road

MINUTES  Motion Mrs. MacKrell moved that the minutes of the March 19, 2007 regular Trustees meeting and the minutes of the April 9, 2007 Special Trustees meeting be approved as printed. Mr. Al-Awar seconded; the motion carried.

FINANCE Mrs. Redies distributed the cash balances/comparison reports and the proposed budget with the cash disbursements listed. The following were discussed:

--$98,000 (Certificate of Deposit) and $2,000 (savings) were transferred to Fifth Third Bank so these funds can be covered by FDIC.

--Checks to Mrs. Redies for her professional services should be signed by Treasurer Boddie; President Laporte’s name should be added so she could sign in Mr. Boddie’s absence.

--The BHMC Directors object to the reduction in the lease amount, as they anticipate greater expenses for legal fees (relative to the Klingler proposal) and records maintenance in this fiscal year. The reduction in the budget was made because the surplus has been growing and BHV would prefer to pay for specific expenses as they occur rather than have funds build up. Mr. Boddie offered to discuss this further with BHMC.

Motion Mr. Al-Awar moved that the 4th Quarter disbursements be approved as printed (see Aux. Book XVI D). Mrs. MacKrell seconded; the motion carried.



Buildings Mr. Lindstrom reported that he, Mr. Hescheles and Mr. Esch met with the Ann Arbor Township Fire Chief regarding adequate access for emergency vehicles to the proposed VAC site. The chief thought the planned driveway was fine, and recommended locating a fire hydrant in the proposed parking area near the tin shed (the next closest hydrant is near the employee houses). A sprinkler system in the building is not required, but the chief gave some suggestions since the committee plans to include one. Mr. Lindstrom also met with architect Ed Wier for review of the style preferences that have been submitted and the objectives discussed at the April 9, 2007 Special Trustee meeting. Mr. Wier would like to do the work of moving towards a small number of style recommendations and estimated 20 hours in time (which would include three meetings but not original drawings). At $75/hour this would cost $1,500. After talking with Mr. Wier, Mr. Lindstrom felt that the cost estimates for the basement requested by the Trustees should be obtained from a builder, which may also involve a small cost.

Motion Mr. Lindstrom moved that the amount authorized for additional professional consultation regarding the Village Administration Center be increased from $1,000 [approved 3/12/07] to up to $2,000 to be used by the VAC Committee to work with an architect to help select style recommendations and to work with a builder to better understand the options for a basement/slab. Mr. Butterwick seconded; the motion carried.

Mr. Lindstrom estimated that Mr. Wier could be finished with his work the week of May 4, with the VAC Committee meeting the week of May 7, and a possible meeting with the BHV Trustees the week of May 14, indicating that there is not enough time to produce a rendering by the May 22, 2007 Annual Meeting. It was generally agreed that presenting a partially developed plan to the residents would not be helpful. It was suggested that support for the BHMC Shareholder’s vote should be based on the benefits of having BHV buildings on BHV land, and on the location, basic size and general elements of the VAC project that have been established; further that the residents would be invited to participate in an open forum on the design of the building during the process when the information is ready and before a final decision is made. BHMC President Bultman stated that BHMC intends to move ahead at their April 26, 2007 meeting with plans for the shareholder vote and asked if the BHV Trustees were still committed to the project. Response was that while reservations had been expressed on various aspects there had been no change in the action of the Trustees to support and continue forward to completion of the project. BHV Trustee Wilkes and BHMC Director Langford have agreed to coordinate the efforts of both boards to personally contact as many residents as possible to answer questions about the project and the voting process.   Mrs. MacKrell left

BHCC Liaison No report.

Environmental Impact No report

Finance No report.

Long RangePlanning No report.

Personnel No report

Recreation No report.

Roads No report.

Security No report.

Vehicles/Equipment No report.

Water No report.

Zoning No report.

UNFINISHED BUSINESS Mr. Al-Awar reported that a second bid was received for demolition of the pool in the amount of approximately $15,000, so the first bid for $10,000 will be accepted [as approved on 2/19/07].

Discussion of the recycling area focused on the need to continue reasonable maintenance. Motion Mr. Al-Awar moved that estimates be obtained for construction of a concrete pad and surrounding paving to accommodate the recycling bins. Mr. Lindstrom seconded; the motion carried.

Motion Mr. Al-Awar moved to take from the table the motion of April 9, 2007 regarding discussion of the proposed sales agreement offered to Barton Hills Maintenance Corporation. Mr. Lindstrom seconded; the motion carried.

Discussion between BHMC President Bultman and BHMC Atty. Lloyd, and the BHV Trustees included the following:

--Regarding the attachment of restrictive covenants (Deed Restrictions) to the property, the Trustees questioned the inclusion of the phrase on page 2, Section VII, paragraph 2, [“…and particularly those regarding review and approval of the plans for any building,…”] in addition to the previous sentence that clearly states the property is subject to the building and use restrictions (Deed Restrictions). They felt it implied some restriction beyond their understanding that the Deed Restrictions would apply and any buildings constructed would be subject to architectural review by BHMC. Mr. Lloyd replied that there was no special thinking implied, but that it would be clear that architectural review would not be circumvented because of the municipal identity of the buildings. There was agreement on this issue.

--Regarding the terms of purchase, there was discussion about the meaning of “$1 and other considerations” versus “$1 or other considerations”. The “other considerations” was understood to refer to the Rood property. BHMC would like to include an understanding regarding the allocation of space and resources in the future village building and their need for meeting space and storage of records important to the community. Lease of space and exchange of money was considered undesirable. It was noted that it is common and acceptable for municipalities to share space with non-municipal groups, and that it is appropriate for BHMC to have a presence in the building (as they do now). It was also determined that both groups see the exchange of land as desirable and the question was how to best accomplish this. Mr. Lloyd explained the process as an exchange of properties that are considered of equal value, with no change in tax consequences. It was suggested that the sense of the Board could be expressed without specifically encumbering the sales agreement.

Mr. Lindstrom called the question; seconded by Mr. Boyle and carried.

Motion Ms. Bogat moved that the understanding of the Board of Trustees be, in regard to the sales agreement offered to Barton Hills Maintenance Corporation, that the “or other considerations” following the dollar amount refers to transfer of the Rood property in exchange for the parcel containing the municipal buildings if there are no adverse tax consequences for BHMC. Mr. Lindstrom seconded; the motion carried with Mr. Butterwick voting no.

The meeting was adjourned at 8:20 PM.

Jan Esch, Deputy Clerk