Barton Hills Village, Michigan

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July 13, 2009



July 13, 2009

The regular meeting of the Board of Trustees was called to order by President Laporte at 6:02 PM at the Village Hall.

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

Others attending: Atty. Laidlaw, ZPA Perry, Asst. Treasurer Redies, Priya King, Supt. Esch, BHMC President Bultman and two residents.


Speaker 1: Regarding the proposed BHV charter amendments, will there be a public education session so people can understand what they are voting on? Reply by Ms. Laporte: Nothing has been scheduled but that is a very good idea and the Trustees will consider it. Also, will there be opportunity to add/delete/change any of the proposed amendments? Reply by Ms. Laporte: No, the proposed amendments must be approved by the Governor by means of a lengthy process and there is no time before the election to make any changes. Regarding the discussion of the BHV/BHMC road lease that is listed on tonight’s agenda, why is so important an issue not being presented to the residents via the Barton Bulletin or other means? Why is it being rushed through in the summer right before the election? Will you be providing substantial explanation of your reasoning for making changes? If changes are to be made, what will be the impact and how will the transition be handled? I hope by open discussion with as many participants as possible. Reply by Ms. Laporte. This will be discussed by the Trustees later in the meeting and of course you’re welcome to stay and hear that discussion.

Speaker 2: Regarding the road issue, we have had this system for a very long time—over 30 years—and it has worked pretty well with the roads being owned by BHMC and leased to BHV. I’m concerned that if the roads become public, the residents will lose some of their land in necessary improvements to meet public standards. If they become totally private, the residents will have to pay a lot more to maintain them. In either case, I think individual residents have to be involved in this process.

MINUTES Motion Since there was a question raised by Mr. Al-Awar concerning the Roads/Vehicles portion of the minutes of the June 8, 2009 Trustees meeting, Mrs. MacKrell moved to table approval of the minutes until the point can be clarified from the tape recording. Mr. Lindstrom seconded; the motion carried.

FINANCE/FINANCE COMMITTEE Mr. Boddie introduced and welcomed new Assistant Treasurer Priya King who is succeeding the retiring Mrs. Redies. Appreciation and applause was given to Mrs. Redies for her many years of excellent service to the community, along with best wishes to her for the future.

Mr. Boddie noted on the Cash Balances report that revenues are about $10,000 less than at this time last year. This is the low point of the year, with taxes being paid in the next few weeks, and there are adequate reserves on hand. Regarding the Cash Disbursements, a question was raised about the Huron River Watershed Council annual dues (which have been paid). It was suggested that such items should be approved by the Board rather than through the budget. Concern was also expressed regarding the amount of the budgeted legal expenses that has already been used this early in the fiscal year. Motion Mr. Lindstrom moved that the Cash Disbursements for June 2009 be approved as printed (see Aux. Book XXVI D (2)). Mr. Wilkes seconded; the motion carried. President Laporte appointed Priya King as Assistant Treasurer, succeeding Mrs. Redies. Motion Mr. Lindstrom moved that the appointment of Priya King as Assistant Treasurer be approved. Mr. Boddie seconded; the motion carried.

ZONING AND PLANNING ADMINISTRATOR Mr. Perry reported one pending application for variance to construct an addition to 60 Underdown, which is a continuing non-conforming structure. The variance request will be heard by the Board of Zoning Appeals on August 10, 2009.

PLANNING COMMISSION Mr. Boddie had no report (no meeting).


Environmental Mrs. MacKrell referred to information regarding deer herd management distributed to the Trustees prior to the meeting. Discussion focused on gathering information, consideration of public sentiment and the best ways to proceed at this point. Mr. Lindstrom moved that USDA Wildlife Services representative Tim Wilson be invited to make a presentation to the Trustees in the near future. Mr. Wilkes seconded; the motion failed (yes—Langford, Laporte, Lindstrom, Wilkes; no—Al-Awar, Boddie, Bogat, Butterwick, MacKrell). Mrs. MacKrell also gave an update on the Argo Pond issue, including the Huron River Watershed Council position, which was followed by general discussion. Trustees Lindstrom and MacKrell will draft a letter relative to these concerns.

Roads/Vehicles Mr. Al-Awar reported that the new truck and snow plow have been ordered at a price below the amount budgeted. Three requests for bid were sent for road paving; two were returned ($27,775 and $16,060). The low bidder is K & B who has done work in BHV previously with good results. Atty. Laidlaw affirmed that a third bid is not required. Motion Mr. Boddie moved that the bid received from K & B Asphalt for road paving be accepted and the Roads Committee authorized to move ahead with the work. Mr. Lindstrom seconded; the motion carried. Mr. Al-Awar described erosion problems that developed in the recent heavy rainstorms and remediation work that was done to address the problems. There are other areas that also need maintenance relative to erosion/water drainage. Motion Mr. Boddie moved that up to $15,000 of the funds budgeted for the Roads Committee be authorized for use in addressing erosion issues. Mr. Lindstrom seconded; the motion carried. Mr. Al-Awar was commended for his timely attention to these matters. Further discussion focused on the new catch basin installed on the curve near 660 Barton Shore Drive, and the erosion difficulties in that area. The Roads Committee has discussed the situation with the property owners. Several possible remedies were suggested. Motion Mr. Wilkes moved that the owners of 660 Barton Shore Drive be asked to come up with a plan that will address the erosion problems on their property relative to the roadway. Mrs. MacKrell seconded; the motion carried with Trustees Al-Awar and Lindstrom opposed.

Village Administration Center Mr. Lindstrom reported that the final invoice has been received from Construction Solutions. The numbers are as expected and while there are a few minor issues outstanding there are no problems anticipated in completing the project. The ground water/sump pump situation was discussed. It was suggested that better drainage of water could be accomplished; Mr. Esch will investigate. Still to be completed by BHV are the fence around the gas pumps and the remaining landscape plantings. Mr. Boddie moved that the area under the oak tree be mowed. Mr. Al-Awar seconded. (Discussion/question called Lindstrom/Wilkes/P). The motion failed (yes—Al-Awar, Boddie; no—Bogat, Butterwick, Langford, Laporte, Lindstrom, MacKrell, Wilkes). A sprinkling system for the lawn was also suggested.

Water Mr. Wilkes referred to his written report regarding his communication to Laura Rubin of the Huron River Watershed Council and her reply, which he felt was unsatisfactory. There was little interest in having Ms. Rubin speak to the Board, and the larger issue of Argo Pond is being addressed by the Environmental Committee.

BHMC Liaison No report.

Long RangePlanning No report.

Maintenance Area/Buildings No report.

Personnel No report.

Recreation No report.

Security No report.

Zoning/ZO Revision No report.


BHV/BHMC Lease A meeting with representatives of BHV and BHMC is scheduled for July 23, 2009 to discuss the lease. Motion Mr. Boddie moved that consideration of the proposed resolution to terminate the lease be tabled. Mrs. Langford seconded; the motion carried. Mr. Lindstrom referred to the public comment at the beginning of the meeting, echoing the thought that much discussion on this issue is still needed, leading to a plan that makes sense to the community.

Firefighting Policy Discussion of the proposed resolution included:

--BHV employees are not trained as firefighters.

--BHV equipment is not currently state-certified, and may not be certifiable.

--Ann Arbor Township Fire Department has two stations and a paid on-call staff to service BHV.

--If BHV does not have the proper personnel or equipment, it should be clearly stated that there is not an official BHV Fire Department, which is the purpose of the resolution.

--The BHV Fire Department in past years has been effective in quickly responding to several fires. (Question called MacKrell/Wilkes/P).

Motion Mrs. MacKrell moved that the Resolution regarding Firefighting by Village Employees be approved as printed. Mrs. Langford seconded; the motion carried (yes— Langford, Laporte, Lindstrom, MacKrell, Wilkes; no—Al-Awar, Boddie, Bogat, Butterwick).

Power Outages Ms. Laporte requested a tally from Mrs. Esch of the number of power outages in BHV this year, which amounted to eleven including the most recent outage last weekend (caused by a failure at the Dhu Varren Road substation). A letter will be written to DTE indicating that while use of the PIN number for communications has been a significant improvement, other DTE efforts have not made much difference, resulting in a power delivery system that is still unreliable and unacceptable.

Charter Amendment Mr. Butterwick reported that a letter has been received from Governor Granholm indicating that the proposed charter amendments are consistent with applicable law and are approved to set before the voters.


Barton Shore DriveTrees Concern was expressed for the health of the hackberry trees along Barton Shore Drive near the Lower Gate, which appear to have a disease or infestation of some kind. This will be investigated.

Mr. Lindstrom moved the meeting be adjourned to closed session to review a confidential memo from the village attorney at 7:54 PM. Mr. Boddie seconded. Roll call vote: Al-Awar—yes, Boddie—yes, Bogat—yes, Butterwick—yes, Langford—yes, Laporte—yes, Lindstrom—yes, MacKrell—yes, Wilkes—yes. The motion carried. Atty. Laidlaw was appointed secretary for the closed session.

Mary Bennett for
Janice K. Esch, Deputy Clerk