Barton Hills Village, Michigan

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June 8, 2009



June 8, 2009

The regular meeting of the Board of Trustees was called to order by President Laporte at 6:19 PM at the Village Hall.

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

Others attending: Atty. Laidlaw, ZPA Perry, Asst. Treasurer Redies, Supt. Esch, BHMC President Bultman and resident Stewart Gordon.

FENCE APPLICATION Application has been received from Stewart Gordon and Sara Duvall to install a privacy fence between their home at 192 Barton Shore Drive and the neighboring home at 196 Barton Shore Drive owned by Walter Esch (occupied by a tenant). A zoning variance to construct the fence in the side set back has been approved by the BHV Board of Zoning Appeals. Mr. Gordon was present and summarized the project details listed in the application, noting that the final color would be dark brown stain or paint on both sides of the fence. Motion Mr. Boddie moved that the application to construct a privacy fence at 192 Barton Shore Drive be approved as described in the plans submitted by owners Stewart Gordon and Sara Duvall. Mrs. MacKrell seconded; the motion carried.


MINUTES Motion Mr. Wilkes moved that the minutes of the May 11, 2009 Trustees meeting be approved as printed. Mr. Boddie seconded; the motion carried.

FINANCE/FINANCE COMMITTEE Mr. Boddie noted that the Cash Balances report indicates more cash than the previous year due to a recent Motor Vehicle Highway Fund payment from the State of Michigan. Mrs. Redies noted a correction in the Cash Disbursements list (Checks 11021, 11022, 11023 and 11036 are duplicates and should be indicated as voided). Motion Mr. Boddie moved that the Cash Disbursements for May 2009 be approved as printed (see Aux. Book XXVI D(1)). Mrs. Langford seconded; the motion carried.

CHARTER AMENDMENT Atty. Laidlaw was commended for his tenacious efforts to work out the proposed resolution/ballot language with the state. Information will be printed in the Barton Bulletin educating the residents on the proposed amendments and the fact that the ballot questions all need to be marked separately at the September 15, 2009 election. Motion Mr. Boddie moved that the resolution concerning the proposed charter amendment and ballot questions be approved. Mrs. Langford seconded; the motion carried.

ORDINANCE REVISION COMMITTEE Ms. Laporte asked that the Trustees give thought to effective enforcement of BHV ordinances. Atty. Laidlaw added that there were two methods of enforcement: 1) submit a report to the village attorney who then submits a warrant to the court, or 2) a citation is issued by an authorized village official.

Following discussion the committee was asked to develop a multi-step procedure for addressing ordinance complaints that would begin with local contact and progress to legal action.


PLANNING COMMISSION Commissioner Ruthann Nichols has submitted her resignation. Ms. Laporte appointed Andre Zoldan to fill the position. Mr. Zoldan is an architect and newer resident of BHV who will complement the diversity of the commission. Motion Mr. Boddie moved to approve the appointment of Andre Zoldan to the Barton Hills Village Planning Commission. Mrs. Langford seconded; the motion carried.


Water Mr. Wilkes referred to his written report regarding the geothermal ordinance and hydrant replacement. He noted that the Skyline High School closed-loop geothermal system has an operating pressure of 25-27 psi, so the Board was wise to delete the minimum of 100 psi from the required tests in recently adopted Ordinance No. 29 governing these systems. He also requested advice from the Trustees regarding a leaking service line and who is responsible for the cost of repair. It was suggested that the water mains are a BHV responsibility and services lines (pipe servicing one residence) are a resident responsibility. However, some service lines are very long and not completely on the resident’s property which would increase the burden of some residents in comparison to most others. Motion Mr. Wilkes moved that the policy of Barton Hills Village concerning repairs to the water system be as follows:

--If the repair is in the service line on the property of a resident and does not involve a water main or hydrant, the resident is responsible for the cost of the repair.

--If the repair is in the main water system or is on property not owned by the resident being serviced, Barton Hills Village is responsible for the cost of the repair.

Mr. Al-Awar seconded; the motion carried with Mrs. MacKrell voting no.

Mr. Lindstrom asked about BHV membership in the Huron River Watershed Council (HRWC), stating that he was dismayed to see the recent article in the Ann Arbor News written by Laura Rubin as Executive Director of HRWC. He felt the article did not fairly present the issues regarding the Argo Dam question and contained many inaccuracies. He wondered if the HRWC membership was consulted before the article was submitted. While there have been numerous benefits to past BHV membership in HRWC, in this case the interests of the Village are not reflected. Motion Mr. Lindstrom moved that Barton Hills Village membership in the Huron River Watershed Council be renewed. Mr. Wilkes seconded. Mr. Lindstrom moved to amend the motion to add that the membership renewal be accompanied by a letter of reprimand regarding the ill-advised Argo Dam article. Mr. Boddie seconded; the amendment carried. Mr. Wilkes offered to investigate the circumstances within HRWC to see if the membership was involved in the development of the article. Motion Mrs. MacKrell moved to table action on the motion to the July 13, 2009 Board of Trustees meeting to allow for more information on the matter to be obtained. Mr. Boddie seconded; the motion carried.

Regarding the Argo Pond issue, a phone call was received from an adult representative of the Pioneer High School rowing team asking for opportunity to talk with BHV officials. Ms. Laporte responded briefly with a promise of further communication. Mrs. MacKrell will contact the person to ask that they send a letter to the Board stating the concerns they would like the Trustees to address.

BHMC Liaison Ms. Laporte raised the matter of the Deed Restrictions renewal process. Motion Mr. Lindstrom moved that President Laporte be authorized to sign the renewal of the restrictive covenants on behalf of any property owned by Barton Hills Village that is covered by the covenants. Mr. Boddie seconded; the motion carried with Trustee Al-Awar voting no.

Environmental Mrs. MacKrell expressed concern about the number of dead/dying trees that still pose a danger to BHV residents, suggesting that two avenues of action be considered: 1) BHV set an example by dealing with such trees on municipal property and 2) letters be sent to residents pointing out dangerous trees and strongly encouraging their removal. The Trustees felt an ordinance would provide a more uniform procedure for this on-going matter; Ms. Laporte and Mr. Laidlaw will work on development of an ordinance.

Mr. Lindstrom suggested that a letter be sent to DTE Energy regarding the improvement program they presented to the Board in April 2008. Two parts of the program have been completed but not the third (improvement of power lines between Spring Valley and Country Club Roads). Ms. Laporte and Mr. Lindstrom will compose the letter.

Roads/Vehicles The committee was asked to review the status of ditches along the roadside and wetland/drainage tile bordering 660 Barton Shore Drive.

Village Administration Center No report.

Long Range Planning No report.

Maintenance Area/Buildings No report.

Personnel No report.

Recreation No report.

Security No report.

Zoning/ZO Revision No report.



Red Flags Policy BHV is now required to have a policy in place regarding identity theft prevention relative to personal information used for water billing and other matters. No cost is involved in establishing/maintaining procedures that protect confidential information. Motion Mrs. MacKrell moved that the resolution to approve identity theft prevention policy be adopted. Mr. Lindstrom seconded; the motion carried.

Coalition on Remediation of Dioxane (CARD) Ms. Laporte referred to her written report, noting that there is no cost to join the coalition on this very important issue. Motion Mr. Boddie moved that Barton Hills Village become a member of the Coalition on Remediation of Dioxane; further that Adele Laporte be the authorized representative for Barton Hills Village in this organization. Mr. Lindstrom seconded; the motion carried.

Mr. Boddie moved the meeting be adjourned to closed session to review a confidential memo with the village attorney at 7:43 PM. Mr. Lindstrom seconded. Roll call vote:

Al-Awar—yes, Boddie—yes, Langford—yes, Laporte—yes, Lindstrom—yes, MacKrell—yes, Wilkes—yes. The motion carried. Atty. Laidlaw was appointed secretary for the closed session.

Janice K. Esch, Deputy Clerk