MINUTES OF BOARD MEETING
TRUSTEES OF BARTON HILLS VILLAGE
December 13, 2021
The regular meeting of the Board of Trustees was called to order by President Benson at 6:00 PM via online video/phone conference due to the COVID-19 pandemic.
ROLL CALL Present: Trustees Al-Awar (Barton Hills Village, Washtenaw County, MI), Benson (Barton Hills Village, Washtenaw County, MI), Conlin (Barton Hills Village, Washtenaw County, MI), Darden (Ann Arbor, Washtenaw County, MI), Haitam (Paris, First Arrondissement, France), Hensinger (Barton Hills Village, Washtenaw County, MI), Holmes (Barton Hills Village, Washtenaw County, MI), Popp (Barton Hills Village, Washtenaw County, MI), and Smith (Barton Hills Village, Washtenaw County, MI).
Absent: None.
Others attending: ZA Perry, Asst. Treasurer Carey, Supt. Hnatow, ZH Malan, BHMC President David, two project representatives and ten residents.
ORGANIZATION
–Appointment of a new assessor will be taken up at the January 10, 2022 meeting.
–The open position of Zoning Administrator was noted in the Barton Bulletin. One resident expressed interest and was asked to send a written statement.
WALL PERMIT The permit to construct retaining walls at 859 Oakdale was approved at the November 8, 2021 Trustees meeting, contingent on the outcome of the engineering review as requested by the Zoning Administrator. ZA Perry moved forward with the engineering review to be provided by Stantec; however subsequent communication by President Benson to Mr. Perry regarding this contingency led Mr. Perry to suspend the review because Mrs. Benson had reservations about the contract and had not signed the contract. Mr. Perry also found a warning statement on materials on the stone vendor website indicating that the materials should not be used for retaining wall construction without professional engineering design services. Mr. Perry had no recommendation regarding this situation. Trustee discussion included:
–Contract concerns include potential liability to BHV, and whether this would be duplication of efforts/cost to homeowners who had already paid for professional services.
–Engineering oversight is not necessary for the driveway wall, but only for the septic walls. Countered by assertion that engineering oversight is necessary for all the walls.
–Professional services provided by the owner are fine, but BHV needs to have an independent engineering review.
–Stantec is no longer interested in having a general consulting services contract with BHV, so the engineering review that was started cannot be completed.
–The owners have building materials scheduled for delivery on 12-14-21, and are concerned about the dwindling number of days left for construction before winter sets in.
There is not time to find another engineer to design the driveway wall, have an independent engineer review the design, and then build the wall.
–The driveway wall needs to be constructed to allow access for equipment required to do further construction.
–The Trustees are not engineers; a professional review is required in this case.
Mr. Farrell (project architect) offered a way, not to sidestep the process, but to move forward in this instance. Mr. Perry agreed that it was a reasonable proposal for this specific situation, and would not set precedent because every project is decided on an individual basis, with the requirements applied to each unique property.
Motion A wall permit to construct the driveway wall as shown on the plans submitted by the owners of 859 Oakdale Road, was approved with the following conditions:
–geotechnical engineer Joel Rinkel of SME will be hired by the 859 Oakdale owners to prepare drawings and oversee construction of the driveway wall;
–Mr. Rinkel’s stamped/signed plans will include a notation that he is aware of the red letter warning on the stone material vendor’s website indicating that a professional engineer should be engaged for use of the material;
–the approval will be effective when ZA Perry receives Mr. Rinkel’s plans and deems them satisfactory; no further action is required of the Board of Trustees for this specific approval;
–the Barton Hills Village requirement of independent engineering review will be applicable to the septic walls, as originally indicated in the Trustees’ approval recorded in the minutes of their November 8, 2021 meeting. (Al-Awar/Popp/P with Benson abstain)
Regarding this situation, it was stated that President Benson exceeded the authority of her office, especially in reference to the Open Meetings Act, by communicating a change in the motion approved on November 8, 2021 without calling a special meeting of the Board to determine if that was indeed the decision of the Trustees. Mrs. Benson acknowledged that she was wrong in not honoring the specific motion until the Board could meet, but also felt there was good reason to revisit the decision about the level of requirements that may be asserted over property owners. While perhaps well-intentioned, it was emphasized that the Board is the public body of the municipality, governed by established law, and must conduct all business/decision-making in public.
PUBLIC COMMENT
–one speaker commented on recent Board of Trustees meetings/protocol
–one speaker commented on BHMC/BHV continuing good relationships
–one speaker commented not in favor of the proposed animal ordinance change
–one speaker commented in favor of the proposed animal ordinance change
MINUTES Minutes of the November 8, 2021 Trustees meeting were approved as printed. (Smith/Conlin/P) Holmes left
FINANCE/FINANCE COMMITTEE (Haitam/Carey) The November 2021 Budget to Actual and November 2021 Cash Balances reports were acknowledged. The Cash Disbursements for November 2021 were approved as printed (Aux. Book XIX F(10)). (Conlin/Smith/P) The Banking Resolution was approved as amended: Add to Item 3 after “…requirement for insurance, and in the best interests of the Village.”
(Smith/Conlin/P) Committee chairs were reminded to submit their 2022-23 budget requests to Treasurer Haitam.
STANDING REPORTS
Zoning Administrator (Perry) No report.
Planning Commission (Hensinger) No report.
COMMITTEE REPORTS
Environment (Hensinger)
–The Deer Management Plan application has been approved by the Department of Natural Resources for 100 deer as requested.
–A Recycling subcommittee is studying the BHV recycling program.
–The Climate Resilience subcommittee expects to have a demonstration on rain gardens, with information to be included in future Barton Bulletins. The committee also supports Supt. Hnatow’s choice of a live holiday evergreen tree that will be planted elsewhere when its seasonal presence on the Village Green is completed.
–The most recent meeting of the BHMC/BHV Barton Pond committee with EGLE was very discouraging; final outcome is still unknown.
–In an effort to encourage more non-motorized transportation, the committee requested purchase of a movable bicycle rack at a cost of no more than $1000, for placement at Esch Hall. No action was taken until the exact cost/available funding is determined.
Human Resources (Smith) Riad Al-Awar has joined the committee; a resident member will be added soon. The committee will be focusing on succession planning, housing and update of the Employee Manual. Employee Joe Hnatow’s communication to the Board was made at a time when the Human Resources Committee was not fully established, so Trustees Benson, Conlin and Holmes met with Joe, and also separately with Supt. Jeff Hnatow. Results of the meetings were very positive, with good ideas and plans moving forward. Future communications with employees will follow the protocol set forth in the Employee Manual.
Community Activities (Benson) While not a Committee-sponsored activity, the recent holiday caroling afternoon was greatly enjoyed by the families who met at the Village Green and walked to several nearby homes to serenade neighbors with holiday music.
Security (Holmes) No report.
Water (Popp) No report.
Roads (Al-Awar) A water main break on Spring Valley was repaired; the pavement will be repaired in the spring.
Long Range Planning (Darden) No report.
Zoning/Planning (Hensinger) No report.
UNFINISHED BUSINESS Discussion of the proposed Animal Ordinance amendment was tabled to the January 10, 2022 meeting. (Al-Awar/Darden//P with Al-Awar, Benson, Darden, Haitam and Popp voting yes; Conlin, Hensinger and Smith voting no)
NEW BUSINESS
–The new Infrastructure Investment & Jobs Acts of 2021 may be a source of funding for water and power utility improvements in the next few years. Details are not yet available.
–Half (just over $16,000) of the allotted $32,133 from the American Rescue Plan has been received. The funds will be used for water system improvements.
–The 2022 Board of Trustees meeting dates schedule was approved as presented. (Conlin/Haitam/P)
–Given the current COVID rates, the January 10, 2022 meeting will be held virtually unless circumstances change.
There being no further business or objections, the meeting was adjourned at 9:02 PM.
Janice K. Esch, Deputy Clerk Approved 2.14.22