MINUTES OF BOARD MEETING
TRUSTEES OF BARTON HILLS VILLAGE
November 12, 2007
The regular meeting of the Board of Trustees was called to order by President Laporte at 7:00 PM at the Village Hall.
ROLL CALL Present: Trustees Al-Awar, Boddie, Butterwick, Langford, Laporte, Lindstrom and Wilkes. Absent: Trustees Bogat and MacKrell.
Others attending: Atty. Reading, ZPA Perry, Asst. Treasurer Redies, Supt. Esch, BHMC President Bultman and resident Sharbyn Pleban.
ZONING AND PLANNING ADMINISTRATOR Project Review Process Mr. Perry referred to his written report and accompanying Project Review Process document. Discussion included:
-The purpose of the document is to provide an explanation to BHV residents about the various aspects of the review process, including the addition of the Ann Arbor Township Soil Erosion and Sedimentation Control (SESC) Ordinance.
--It is important to distinguish between zoning compliance (municipal function) and architectural review which is the function of a private corporation (BHMC) and not within the scope of municipal authority.
--Currently signatures from both BHV and BHMC are required before a building permit is issued. BHV has no authority to require residents to receive BHMC approval although it is strongly encouraged.
--Ninety-three percent of BHV residents are under the Deed Restrictions administered by BHMC, and the same people would pay for any lawsuit brought against either the village or the corporation.
--This document is confusing and implies that it is acceptable to ignore BHMC review, when for most residents it is not acceptable.
--This document attempts to explain things already set forth in the Zoning Ordinance, but doesn’t do it completely, i.e. the process is different for fences and walls, or non-residential projects.
--The portion describing the Ann Arbor Township SESC Ordinance is directly from the stated purpose of that ordinance but is not the way it is being applied by the Township and will probably be changed very soon. The recent question about soil disturbance at BHCC is a good example; that’s not a landscape project as described in the SESC quote.
--We can’t second guess the Township; when they change the ordinance we can change our document.
--The larger issue is the public/private distinction. BHV shouldn’t be in the business of enforcing or monitoring the Deed Restrictions.
--There is no question that legally the courts have upheld the principle at least three times that a municipality has no power to enforce private restrictions.
--It doesn’t seem accurate to describe the need for both signatures as enforcement. Building Inspector Dresselhouse does it all the time for other neighborhood associations and site condominiums.
--Building Inspector Dresselhouse issues the building permit as a representative of BHV under specific agreement, not as a representative of Ann Arbor Township.
--Has this caused a problem or lawsuit so far? We should leave it alone unless it happens. What action has the village taken that forces a homeowner to do the wrong thing? (Response) Our stamp and our instructions require two signatures—BHV and BHMC.
--If there was a disagreement between BHMC and a resident, BHV could be dragged into an improper enforcement situation.
--The document should say the deputy clerk “may” forward an application, not “will”.
--This document isn’t an ordinance. It was intended to be an informational piece to make it clearer to the residents what they need to do. Perhaps the first paragraph about being a policy should be changed.
--It’s obvious that people need something that explains the process. Maybe a listing or outline form would be more helpful.
Motion Mr. Boddie moved that the Project Review Process document be further reviewed and modified, and brought back for discussion at the December 10, 2007 Trustee meeting. Mr. Lindstrom seconded; the motion carried.
UNFINISHED BUSINESS Land Transfer [agreed to be taken out of order due to Mr. Lloyd’s presence] Ms. Laporte referred to Atty. Lloyd’s written report concerning the tax consequences of the land transfer (which are minimal). In response to a question about the reverter clause, Mr. Lloyd noted that the clause was in the original sales agreement that was the basis for the BHMC Shareholder vote. If BHV ceases to use the parcel for municipal purposes it reverts to BHMC; this clause is not attached to the parcel BHMC is receiving. In response to a question about why restrictions were not attached to the parcel BHMC is receiving, Mr. Lloyd and Mr. Bultman noted that BHMC is bound by its By-Laws to have approval by Shareholder vote before selling or subdividing the property so additional restrictions are unnecessary. It was also noted that the Deed Restrictions can only be amended by Shareholder vote. Concern was expressed that more funds not be expended on the VAC project until the land transfer is settled. Mr. Lindstrom called the question (Lindstrom/Boddie/P). Motion Mr. Boddie moved that the transfer of land between Barton Hills Villageand Barton Hills Maintenance Corporation be approved as presented with Ms. Laporte being authorized to sign the documents. Mr. Lindstrom seconded; the motion carried.
ZONING AND PLANNING ADMINISTRATOR Planning Commission Mr. Perry
explained that the new Michigan Zoning Enabling Act sets forth the process for amending a zoning ordinance by way of a planning commission, and that such a commission will be required under the Act by 2011. The commission would have 5 appointed members (one must be a Trustee, the rest community residents) and would provide recommendations to the Board of Trustees regarding zoning and master plan issues. A zoning commission may be established for a short time, with a planning commission eventually replacing it; the merits of doing this or starting with a planning commission were discussed. Mr. Perry recommended hiring a planning consultant to assist with the establishment of the commission and related issues. It was also suggested that the Michigan Municipal League be consulted for information, and that a master plan and amended zoning ordinance be developed simultaneously for consistency. Motion Mr. Lindstrom moved that Zoning and Planning Administrator Perry investigate the establishment of a planning commission as required by law, including solicitation of potential candidates to serve on the commission and determination of the cost of an appropriate consultant. Mr. Boddie seconded; the motion carried.
PUBLIC COMMENT The public was invited to comment on matters before the board, including review of the BHV Hazard Mitigation Plan. There were no comments.
MINUTESMotion Mr. Lindstrom moved that the minutes of the October 15, 2007Trustees meeting be approved as printed. Mr. Boddie seconded; the motion carried.
FINANCE Mrs. Redies distributed the cash balances comparison report. Mr. Boddie recommended approval of the annual increase for Mr. Esch’s retirement fund. Motion Mr. Boddie moved that a 2% increase in the Municipal Employees Retirement System be approved. Mr. Al-Awar seconded; the motion carried. Mr. Boddie also noted that the BHV Charter requires that the community be notified as to the availability of the annual audit. Motion Mr. Boddie moved that Deputy Clerk Jan Esch be authorized to publish notice every year informing the residents of Barton Hills Villagethat the annual village audit is available for public inspection. Mr. Wilkes seconded; the motion carried.
Long RangePlanning The Hazard Mitigation Plan Annual Review report for 2007 was approved as printed.
Roads/Vehicles Mr. Al-Awar reported that the roads have been striped and the speed tables will be repainted as needed.
Village Administration Center Mr. Lindstrom referred to his written report, explaining that the cost for the construction drawings provided by architect Ed Wier was higher than budgeted. Motion Mr. Lindstrom moved that the amount originally authorized [not more than $12,000; 8/20/07]for preparation of construction drawings for the Village Administration Centerproject be increased to not more than $14,500. Mr. Boddie seconded; the motion carried. Mr. Lindstrom also reported that the bid received from InSite Design for $12,300 was considered by the VAC Committee to be too expensive, and that further discussion with the company only resulted in a decrease to about $11,000. The Committee is investigating the use of civil engineering providers for the site work in a cost range of $6,000-8,000. The list of contractors who may be invited to bid and the need for a project supervisor were discussed. Mr. Reading was asked to research whether or not the village was obligated to post public notice of the bid.
Water Comments on Mr. Wilkes’ written report focused on the recent hydrant testing (final report not yet received) and leaks incurred during the testing. Mr. Wilkes stated that every precaution was taken during the testing, but the intense change in pressure when hydrants are opened and closed sometimes causes damage. It was noted that funds are set aside in a public improvement fund to address the needs of the water system. Mr. Wilkes hopes to study past activity/problems in relation to a long-range plan to upgrade the system.
BHMC Liaison No report.
Environmental No report.
Finance No report.
Maintenance Area/Buildings No report.
Ordinance Revision No report.
Personnel No report.
Recreation No report.
Security No report.
Zoning/ZO Revision No report.
UNFINISHED BUSINESS Open Meetings Act The written report was discussed, with Mr. Reading affirming that committees are addressed in the Open Meetings Act and the requirements of the Act listed in the report must be met. Mrs. Esch explained the procedure for notice/room set up currently being used successfully by the VAC Committee. Bicycle Race Concern was expressed for the difficulties associated with the bicycle race in terms of traffic safety and spectators. It was noted that Barton Hills Country Club should be fully informed about the event. Mr. Reading stated that the second sentence in Item 7 of the proposed agreement has been deleted; all parking will be outside the BHV limits. Motion Mr. Boddie moved that the agreements between Barton Hills Villageand the University of Michigan Cycling Clubfor the race to be held in Barton Hills Villageon Sunday, March 30, 2008 be approved. Mr. Lindstrom seconded; the motion carried with Mr. Al-Awar and Mrs. Langford voting no.
NEW BUSINESS None.
Mr. Boddie moved that the meeting be adjourned at 8:35 PM. Mr. Butterwick seconded; the motion carried.
Janice K. Esch, Deputy Clerk