1. Art and Diseño

Beverly Hills
Regular Village Council Meeting
Tuesday, February 3, 2015
Municipal Building
18500 W. 13 Mile Rd.
7:30 p.m.
AGENDA
Roll Call/Call to order
Pledge of Allegiance
Amendments to Agenda/Approve Agenda
Community Announcements
State Representative Jeremy Moss
Public Comments on items not on the published agenda
Consent Agenda
a. Review and consider approval of minutes of a special Council meeting held January 10, 2015.
b. Review and consider approval of minutes of a regular Council meeting held January 20, 2015.
c. Review and file bills recapped as of Monday, January 26, 2015.
d. Set public hearing date of March 3, 2015 on a request from Timothy Patrick Homes for qualification
and development plan for a cluster option development at 19600 W. 13 Mile Rd.
e. Set public hearing date of March 3, 2015 on a request from Mentag Development for a private road
at 31805 Evergreen Rd.
Business Agenda
a. Review and consider subcommittee’s recommendation to fill vacancies on the Zoning Board of
Appeals.
b. Review and consider approval of Hubbell, Roth & Clark invoices for the period ending December 27,
2014.
Public comments
Manager’s report
Council comments
The Village of Beverly Hills will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and
audiotapes of printed materials being considered at the meeting, to individuals with disabilities attending the meeting upon three
working days notice to the Village.
Individuals with disabilities requiring auxiliary aids or services should contact the Village by writing or calling Ellen Marshall, 18500 W.
Thirteen Mile, Beverly Hills, MI 48025 (248) 646-6404.
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 1
Present:
President Mooney; President Pro-Tem Peddie; Members: Abboud, Delaney,
Kelly, Mueller and Oen
Absent:
None
Also Present: Manager, Wilson
Assistant Manager/Clerk, Marshall
Public Safety Director, Torongeau
Village Attorney, Ryan
Finance Director, Wiszowaty
Public Services Director, Meszler
Former Village President, Rosanne Koss
Planning Commission chair, Ostrowski
Parks and Recreation Board chair, Kondak
Retirement Board chair, Maxwell
Birmingham Area Cable Board chair, McLain
Council President Mooney called the special Council meeting to order at 9:10 a.m. in the Village
of Beverly Hills municipal building at 18500 W. Thirteen Mile Road.
FINANCE
Budget Outlook 2015-2016 - Wilson reported that the Village is in good financial shape at this
time. A surplus in the General Fund is anticipated for next year of just over $100,000 and a
$134,000 surplus in the Public Safety Fund. These figures are based on a taxable value increase
of just under 3 percent for next year. An important change in the budget is that it will include
more money for roads in 2015-16. It is proposed to transfer $500,000 from the General Fund to
the Road Fund for road improvements. This money will go towards the Lahser Road
improvement project as well as asphalt paving in the Village.
At the conclusion of the next fiscal year, the General Fund balance is anticipated at $1.8 million
with an $800,000 surplus in the Public Safety fund. The Village is well on pace to establish a
20% fund balance for the Public Safety fund ($1 million) by the time the millage expires in
2021-22. The percentage of the General Fund balance is projected at 50.96% in June 30, 2015.
Wilson noted that the Village has liabilities with respect to road and sewer projects and pension
liabilities. The millage increase was designed as a ten-year period where the Village would bank
some cash in order to be prepared for the time when the current millage rate expires.
There will be discussion about how the Village will transition in the next five or six years for the
millage sunset when it reverts to 11 mills. Wiszowaty added that the voters were promised that
100% of the pension cost and OPEB (Other Post Employment Benefits) would be funded. The
Village is paying into its liabilities as promised.
Pension Status/OPEB status – It was explained that the Village pays an annual contribution to
the pension fund to ensure that pension costs for current employees will be met. The pension
fund through MERS is fully funded so that the Village can pay all of the retired employees and
potentially pay all retirees that will come out of this department. According to the actuarial
assessment, the Village has enough cash on hand today in its pension fund to meet past and
future obligations. The past and future liability amount required is approximately $21 million.
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 2
The Village is contractually obligated to pay benefits to current and future retirees. The actuaries
estimate the cost of future retiree benefits; the Village contributes to this cost amortized over a
30 year period. It is estimated that the Village’s OPEB liability in terms of employee health care
is $15 million. As of today, there is $4 million in assets in this fund; the Village is about 26%
funded. The Village is being aggressive in its annual payments for OPEB costs; it continues to
“pay as you go” for current retiree health care costs. Wilson highlighted future projections to
explain how the Village may be able to transition its retiree health care cost out of the budget to
the Health Care Fund. It is anticipated that the Health Care Fund will accumulate $10.6 million
by 20/21 by not using the Fund for health care payments.
Mooney summarized that, based on current fiscal policies, the Village is in good shape in terms
of the pension and OPEB funds. It is the recommendation of Council that the Village continue
along this path.
Dedicated Millage History and Expiration – Attorney Tom Ryan stated that the Village millage
rate will revert to 11 mills in 2021/22. Depending on the CPI (Consumer Price Index) in the
following years, that millage rate might be reduced further. The 12.9184 mills approved in 2010
included the following components specifically dedicated to the operation of the Village: 9.9
mills for public safety operations; 2.1 mills for general administration purposes; 0.9184 mills for
library purposes. The actual millage levied was slightly under the approved millage rates. Ryan
affirmed that the millage could continue to be divided three ways administratively at the end of
the sunset period. State Law allows for other millages that do not require a vote by the electorate
including up to 3 mils for rubbish and refuse collection and 1 mil for library services.
Wilson related that the total current levy for public safety, general fund and library is 12.5225
mills today. When the maximum millage rate reverts to 11 mills, it would be a reduction of 1.525
mills. One mill is currently equal to $516,000. The Village would have a loss of revenue of
$787,000.
Wilson talked about how to make up that lost revenue. He has indicated that retiree health care
costs could come out of the Health Care Fund ($670,000 savings). The State will have a ballot
question this year regarding road construction that would result in an increase of as much as 85%
in Act 51 money to the Village annually ($450,000). That would alleviate the contribution from
the General Fund for road construction. The Village currently levies a charge for rubbish
collection, which does not cover the entire cost of service. The Village subsidizes that cost from
the General Fund in the amount of $180,000. In addition, the State allows a municipality to levy
up to one mil administratively by a vote of Council for library services.
There was a consensus that the Village has a fiscally responsible course of action in place now
and that Council and administration should continue along that path in anticipation that the
Village will revert to 11 mills in FY 2021/22.
INFRASTRUCTURE
Road Repair Schedule – The road construction budget for the next fiscal year will be $500,000.
Wilson referred to a color-coded map of the Village to point out proposed road repairs for the
next year. Beverly Hills will be coordinating with an Oakland County project to improve Lahser
Road. The Village’s portion of the construction including curb work and sidewalk on the west
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 3
side of the road between 13 and 14 Mile Road will cost a little over $200,000; Beverly Hills will
use tri-county funding available for this project. The total cost will be about $117,000.
Wilson outlined the higher priority roads in need of repair this year. It is proposed to go out for
bids and start the work early this year. The work proposed will be asphalt construction. There
will be some concrete rehabilitation work done on the Riverside bridge.
Wilson mentioned another pressing road repair issue, which is a section of Evergreen up to
Beverly Road and going east on Beverly Road. This work will be delayed so as not to have
construction going on at the same time that Lahser Road is closed. Council members expressed
some concern with delaying this project due to the condition of the road.
Mooney remarked that Administration is moving forward with road repairs according to adopted
policy. Council asked that an item be placed on its agenda as soon as possible to authorize
Administration to solicit bids for these road projects. Mooney requested that Administration
prepare a report listing the priorities for local road construction over the next three years.
Sewer/Water Schedule of Repairs – Public Services Director Meszler reported that the Village is
actively working toward completion of its SAW (Stormwater, Asset Management, and
Wastewater) grant project. SAW legislation established a program for the planning, design and
construction of improvements for the collection and treatment of wastewater and/or stormwater
systems. The primary focus of the funding is to encourage developing asset management
programs that outline cost-effective improvements, operation and maintenance measures.
Meszler reported that he anticipates that it will be June or July before the work is completed.
Every sewer in the Village is being cleaned and inspected; there will be GPS locations on all
manholes. Contractors are running into root intrusion, which is slowing the project down. They
are finding areas that are in dire need of repair. In some instances, aging sewer lines are in
danger of collapsing.
Meszler indicated that preliminary plans are being prepared for these repair projects. Some will
be point repairs that need to be dug out and replaced; other portions will be relined only. He
clarified that all sewers needing repairs will be lined; 25% will be point repairs. In response to an
inquiry, Meszler estimated the cost of repairs to be approximately $500,000. Meszler suggested
that the work be done together to save on contractor costs. Meszler anticipated having a full
report on the sewer repairs within the next two weeks. Council members will receive and review
the report and decide whether it should be an agenda item.
Mooney asked if there were any water mains or other infrastructure that should be addressed
over the next five years. Wilson responded that there is a water main issue on the east side of the
Village. There are a few blocks of an old 4” water main, much of which runs through rear yards.
The area is basically bounded by Southfield, Greenfield, Beverly and 14 Mile Road. The mains
in that area are at least 50-60 years old. The houses are close together in this section of the
Village, and portions of mains are located under garages and trees. Meszler talked about how to
proceed with this project, noting that the cost of front yard hookup would be significant.
A recess was called at 10:05 a.m. The meeting reconvened at 10:14 a.m.
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 4
Sewer and Water Rates – Wilson said that everyone will hear a lot about water and sewer rates in
the next year or two. There has been discussion that DWSD (Detroit Water and Sewer
Department) usage has gone down because of population loss and loss of industrial use system
wide. Those factors do not apply to Beverly Hills, although water use in the Village has dropped
by 30% since 2001. As usage goes down, water rates increase. Wilson reviewed water and sewer
rate history since 1986.
The Great Lakes Water Authority was created in September as part of Detroit's bankruptcy and
marks a shift in control over the city water system. The city will still manage the pipes and
pumps within the city limits, but the suburban parts of the system and the plants used by
everyone, including the sewage treatment plant, will be managed by the Authority. Under the
agreement, Detroit will retain ownership of the area’s water and sewage system, but the suburbs
agreed to a 40-year, $50 million annual lease that gives them more of a stake in the operations.
There followed a lengthy discussion about fixed costs and the need for municipalities to get
away from charging for this utility based primarily on usage. In reality, the cost of water
production is minimal (taking the water out of the Detroit River and treating it). The cost to
pump water to houses and take it back to the sewer treatment plant is expensive. Much of the
cost is fixed into the water and sewer infrastructure, tanks, and plants. The cost of producing the
water is minimal. DWSD wants the municipalities to figure out a way to pass on fixed costs to
the end users.
Wilson suggested that the methodology of billing based on usage has driven usage down. This
has been a topic of discussion at SOCWA meetings where is was agreed that there is a need to
change the methodology to charge for fixed costs. How to arrive at a fixed cost component that is
equal for every house will be a challenge. There will be further discussion on water and sewer
rates and how to assess fixed charges.
Wilson mentioned that the SAW grant required that the community conduct a rate study.
Hubbell, Roth & Clark is currently examining the Village’s expenses and infrastructure needs in
order to make a recommendation on what the rate structure should be going forward. HRC will
probably recommend an increase in rates. The study will provide useful data, but the Village will
have to think about generating revenue in different ways. The Village needs to generate money
for maintaining the water and sewer system through water and sewer billings. Raising rates will
force use back down. There was discussion about the 15% deficit between revenue and expenses
in the Water & Sewer Department.
There will be a water and sewer rate increase for next year. Wilson said that consideration has to
be given to how the Village is billing for its fixed costs for delivery to each home. The Village
will need to reconfigure the way that it will charge for access to water and sewer in order to
collect a sufficient amount of money to maintain water and sewer service for the community.
This will involve restructuring of rates and a different mechanism of billing, possibly monthly
billing.
There was agreement among Council members that communicating the water and sewer rate
predicament to residents soon and often will be critical. There should be an established plan in
terms of including information in every newsletter to advise residents that the water and sewer
rate structure is a problem that the Village is investigating and that rates will increase.
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 5
Koss suggested that consideration be given to the rate plan in terms of the taxable value of
homes to determine a set fee. A person who lives in a smaller home will not be able to pay the
fee of someone who lives in a large home. Maxwell questioned whether the fixed cost could be
determined by a water availability factor based on the size of the water line going into a
residence. Meszler said that 70% of the homes in the Village have 1” services.
Mooney proposed establishing a subcommittee of Council to work with administration on
devising a water and sewer rate structure and work on a communication plan to inform the
residents of increased water rates from the DWSD. Council members Peddie, Mueller, and Kelly
volunteered to sit on this subcommittee.
PUBLIC SAFETY
Personnel Changes - There was a discussion of personnel changes in the Public Safety
Department due to the retirement of two lieutenants. The Department functions with four 12hour shifts, two daytime shifts and two night shifts. There are currently two lieutenants and three
sergeants. Manager Wilson and Chief Torongeau expressed their views on personnel changes.
One option would be to maintain two lieutenant positions and four sergeants, which would be a
reduction in the command structure. The other option is to function with two lieutenant positions,
four sergeants plus a sergeant designated to the Detective Bureau. The Department is required to
have a supervisor on shift all the time. How shift responsibilities would be handled under these
two options was addressed.
There are 23 public safety officers in the Department at this time. Torongeau would like to
maintain a four man minimum shift most of the time. He proposes hiring another PSO. It was
indicated that 26 officers, which includes the Director and the Captain, would be a full staff.
There were no objections from Council to hiring another public safety officer or structuring the
command structure to add a sergeant designated to the detective bureau. It was mentioned that
there was criticism from the public at the time of the millage vote that there were too many
command officers. Council asked that the chief prepare an organization chart for the Department.
Capital Expenditures – Chief Torongeau talked about capital needs for the Public Safety
Department including new garage doors and replacement of the generator. There is a need for a
pumper to replace a 25-year old pumper that recently went out of service. The other pumper is 16
years old.
Wilson reported that money is being set aside in the fire truck reserve fund. There will be about
$100,000 in the fund at the end of this year. The cost of a new pumper is $550,000-$650,000.
Council requested that Manager Wilson and Councilman Oen prepare a memo recommending
how to proceed with the purchase of new pumper.
The purchase and use of body cameras for public safety officers was explored. Mooney would
like to be advised if federal grants become available for this apparatus. Chief Torongeau related
that the patrol cars currently carry video recording devices, and the officers wear microphones.
Elaine McLain, chair of the Birmingham Area Cable Board, noted that grant funds are available
from the Cable Board for cable and Internet use by the member municipalities. She added that
the Village will be receiving its annual administrative grant in the amount of $45,000 from the
Cable Board.
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 6
Mooney related that there have been complaints received that the public safety building is not
accessible or well lit. There followed discussion on how people can safety access the building.
A five minute recess was called at 11:10 a.m.; the meeting reconvened at 11:15 a.m.
PLANNING
Master Plan – Chairperson Ostrowski reported that the Planning Commission has undertaken a
review and update of the Village Master Plan with the assistance of LSL Planning, Inc. The
intent is to conduct a long-range look at a master plan for the Village and produce a usable
document with more information and direction. The current Master Plan is more of an historic
document.
The Planning Commission held a public workshop on the Master Plan project, which was not
well attended. There will be a public hearing at the end of the process at the Council level.
Council will receive an update on the progress of this work at its joint meeting with the Planning
Commission scheduled for Wednesday, February 11, 2015.
Ostrowski talked about the differences proposed for the revised Master Plan document. The
Southfield Corridor Overlay District will be included in the plan. The Master Plan will allow the
Village to plan and recommend land use changes in the corridor. Revisions are proposed that will
make it an effective planning document that provides information on different forms of housing
and land use opportunities to accommodate the changing environment.
Other topics of discussion were the performance of LSL Planning, code enforcement, site plan
implementation, adoption of a tree protection ordinance, and an update on Southfield Road
reconstruction and boulevard. Mooney asked that the plans for Southfield Road improvements be
made available to Council.
Mooney summarized the suggested topics of discussion for the February 11 joint meeting
between the Council and Planning Commission. He asked Abboud and Kelly to work with the
Planning Commission chair on drafting the agenda. Items included: Discussion of the Master
Plan revision including cost and benefit; enforcement of ordinances and adopted site plans;
nonconforming sign ordinance issues; Southfield Road Corridor overlay district and
redevelopment plan; ideas for actively incentivizing and marketing the corridor as a
redevelopment opportunity; business license and zoning compliance requirements for new
businesses; sunset clause for nonconforming signs.
Attorney Ryan talked about recent sign ordinance enforcement activity relative to
nonconforming signs in the Village. He described a recent issue involving interpretation of the
sign ordinance with respect to whether a panel can be replaced on an existing nonconforming
multi-tenant sign. There has been discussion about how to eliminate nonconforming multi-tenant
signs without creating unintended consequences that are undesirable. There was concern about
how partially blank tenant signs would look over a period of time. It was the position of the
Village Attorney that the current sign ordinance language does not prohibit a tenant to replace a
sign panel.
The possibility of a sunset clause on nonconforming signs has been a topic of discussion of the
Planning Commission. The current sign ordinance would have to be taken out of the Zoning
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 7
Ordinance and moved to the Municipal Code in order to adopt a sunset clause. Ostrowski related
that Planning Commission members have given serious consideration to this idea even it if meant
subsidizing a portion of the cost of sign removal or replacement. The time period for a sunset
clause usually extends 5-10 years. This could be a topic of discussion at the joint meeting with
Council in February.
Peddie mentioned that the Planning Commission has discussed the adoption of an ordinance that
would require new businesses to be licensed, which would involve a zoning compliance process
before a new business can move into a site. The Village would inspect the site to determine
conformance with ordinances and regulations including the sign ordinance, parking, etc. This
will be an agenda item for the joint meeting.
Ryan related recent incidents where plot plans for residential developments have not been
interpreted appropriately. This appears to be an administrative issue that is being addressed by
the Village Manager, LSL Planning, and the Royal Oak building department.
ZONING AND BUILDING DEPARTMENT
Wilson proposed that the Village will ultimately need to employ a planning and zoning
administrator to oversee the functions of the Planning Commission and Zoning Board of
Appeals. The individual would not oversee building inspection permits, which is currently the
function of the Royal Oak Building Department. There is a significant and increasing amount of
work in the Village office in terms of site plan reviews, review for zoning compliance, and code
enforcement issues that are not adequately handled at this time. Wilson is not suggesting that
addition of a certified planner. He is looking for an individual who has the ability to understand
zoning law, administer the rental housing program, and administer a building license program for
the Village.
At the request of Council, Wilson outlined the functions performed by the City of Royal Oak
building department, LSL Planning, and Village office personnel. The Village is responsible for
all the Beverly Hills Zoning Ordinance aspects of site plans for residential and commercial plans.
Royal Oak building department will review site plans for state building code compliance and
they will issue all state building code permits (building, mechanical, plumbing and electrical).
Royal Oak is responsible for issuing permits for inspections and performing inspections.
Wilson said that the Village should continue to have responsibility for its zoning regulations,
signs, and code enforcement. When the Village verifies that a submittal meets all Beverly Hills
zoning regulations, Royal Oak will issue the appropriate permits and perform the inspections per
the state code.
Council comments and questions on this topic were addressed by Wilson. A concern was
expressed as to whether there would be enough work to justify the use of a planning and zoning
administrator position; Wilson affirmed that there would be. Council requested a written
proposal that includes what duties are being done in house and what is being done by the Royal
Oak building department along with an analysis of current market conditions that justify adding
this position. Members were interesting in receiving regular reports and the ability to track
Village activity from the Royal Oak building department.
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 8
A subcommittee of Council consisting of Oen and Mueller will consult with Manager Wilson on
drafting a proposal for the building and zoning administrator position. Council will consider a
proposal at its second meeting in February.
The role and efficiency of the code enforcement officer was discussed. Wilson related that the
code enforcement officer sends out at least 100 violation notifications per year. The law was
changed, which resulted in these violations being civil infractions versus misdemeanors. A
municipal civil infraction that is not addressed results in fines. The Village has no ability to take
action to address a problem and charge the property owner. Ryan stated that if a municipal civil
infraction is a chronic situation and it is brought to his attention, he can ask the judge to order
that person to abate the nuisance rather than issuing a fine.
PARK
Parks and Recreation Board chair Bill Kondak reported that the Board has had recent discussion
about park maintenance and capital improvement needs. Among the capital improvements
considered were handicap accessibility around the play structure, replacement of fencing at
Allerton, and new playground equipment. Maintenance needs include pavilion repair, play
structure maintenance and replacement of wood chips, disc golf repairs, fencing and entrance
along Beverly Road, picnic tables, grills, paved paths, sledding hill fence, ball diamonds, tennis,
volleyball and basketball courts, and the parking lot.
Mooney emphasized the need for Beverly Park to be maintained and look good. Council is
prepared to support Beverly Park. Mooney suggested that the Parks and Recreation Board
consider the type of maintenance efforts that should be undertaken on a regular basis. The
Beverly Hills Little League should be consulted about what additional contributions they would
make towards ball field improvements. The Parks and Recreation Board was asked to advise
Council of necessary maintenance and repair items as soon as possible before the budget process.
Capital improvements on a year by year basis should be addressed by the Board. Mooney
suggested that a Park Board member should be appointed to work with the Planning Commission
to provide input to the Master Plan relative to Village parks.
Ostrowski stated that the tree preservation ordinance contains a clause that states that, if a
developer cannot satisfy all requirements, they can pay into the tree preservation fund. Those
public dollars could be allocated for tree plantings in the park or public rights-of-way.
MISCELLANEOUS
Village Hall Renovations – Abboud thought that more pride should be taken in the appearance of
the Village offices and the first impression it makes on those who enter the building. He
highlighted his inspection and assessment of the Village municipal building and outlined basic
needs for the offices, lobby, council chamber and building signage that would make the structure
more presentable. He proposed drafting a list of these items and creating a priority improvement
projects for Council consideration. There were no objections from Council to proceed with this
program. Council will consider authorizing Administration at an upcoming meeting to solicit
quotes for professional design service and recommendations for improvements to the Village
municipal offices. Wilson mentioned security issues at the counters that are open to the public.
SPECIAL COUNCIL MEETING MINUTES – JANUARY 10, 2015 - PAGE 9
Mueller talked about the Beverly Hills logo and the need for rebranding. He volunteered to
prepare a report on rebranding the Village by the first Council meeting in March. Mooney asked
Abboud to consult with Administration about renovation of the building and security issues.
Charter Revisions – Mooney appointed Jim Delaney to work with Administration and Attorney
Ryan on preparing needed Charter Revisions that should be placed on the ballot and adopted. It
was noted that the next general Village election will be in November of 2016.
PUBLIC COMMENTS
None
COUNCIL COMMENTS
Mooney expressed his appreciation to everyone who attended today’s strategy meeting.
Motion by Oen, second by Delaney, to adjourn the meeting at 12:24 p.m.
Motion passed.
John Mooney
Council President
Ellen E. Marshall
Village Clerk
Susan Bernard
Recording Secretary
THESE MINUTES ARE NOT OFFICIAL. THEY HAVE NOT BEEN APPROVED BY THE VILLAGE
COUNCIL.
REGULAR COUNCIL MEETING MINUTES – JANUARY 20, 2015 - PAGE 1
Present:
President Mooney; President Pro-Tem Peddie; Members: Delaney, Kelly, Mueller
and Oen
Absent:
Abboud
Also Present: Manager, Wilson
Assistant Manager/Clerk, Marshall
Public Safety Director, Torongeau
Village Attorney, Ryan
Council President Mooney called the regular Council meeting to order at 7:30 p.m. in the Village
of Beverly Hills municipal building at 18500 W. Thirteen Mile Road. Those present recited the
Pledge of Allegiance
AMENDMENTS TO AGENDA/APPROVE AGENDA
Motion by Mueller, second by Kelly, to approve the agenda as published.
Motion passed.
COMMUNITY ANNOUNCEMENTS
Sharon Tischler, Southfield Township Clerk, announced that a state-wide election will be held
on May 5, 2015 to consider a ballot question regarding a gasoline tax. Persons wishing to request
an absent ballot may contact or visit the Township office.
PUBLIC COMMENTS ON ITEMS NOT ON THE PUBLISHED AGENDA
None
CONSENT AGENDA
Motion by Mueller, second by Delaney, to approve the consent agenda as follows:
a. Consider approval of minutes of a regular Council meeting held January 6, 2015.
b. Review and file bills recapped as of Monday, January 12, 2015.
c. Set public hearing date of February 17, 2015 to review and confirm 2014 Special
Assessment Roll for the Southfield Road Business Assessment District.
d. Review and consider seeking bids to hire a professional interior designer for the Village
Municipal Building.
e. Review and consider seeking bids for FY 2015/16 road projects.
f. Review and consider Fiscal Year 2014/15 budget transfer.
Motion passed.
BUSINESS AGENDA
REVIEW AND CONSIDER OUR LADY QUEEN OF MARTYRS REQUEST TO USE
VILLAGE STREETS AND SIDEWALKS FOR THEIR OKTOBERFEST 5K RACE ON
OCTOBER 3, 2015
Nareman Dietz on Beechwood was present requesting Council approval for Our Lady Queen of
Martyrs School to use Village sidewalks and streets on Saturday, October 3, 2015 for its third
annual Oktoberfest 5K Race.
REGULAR COUNCIL MEETING MINUTES – JANUARY 20, 2015 - PAGE 2
Motion by Mueller, second by Delaney, that the Beverly Hills Village Council approve
the request from Our Lady Queen of Martyrs School to hold their third annual
Oktoberfest 5K Race and use Village streets and sidewalks Saturday, October 3, 2015.
Upon approval of the Run, the School will submit the required Certificate of Insurance
naming the Village of Beverly as an additional insured with at least $1,000,000 of
liability coverage.
Motion passed (6 – 0).
REVIEW AND CONSIDER SUBCOMMITTEE’S RECOMMENDATION TO FILL
FULL MEMBER VACANCY ON THE ZONING BOARD OF APPEALS
A subcommittee of Council met at 7:15 pm prior to tonight’s meeting to review applications and
recommend the appointment of one candidate to fill a full member vacancy on the Zoning Board
of Appeals.
Motion by Oen, second by Peddie, to appoint Reanen Maxwell to the Zoning Board of
Appeals as a full member with a term to expire on June 30, 2016.
Motion passed.
SECOND ANNOUNCEMENT OF TWO ALTERNATE MEMBER VACANCIES ON
THE ZONING BOARD OF APPEALS
Due to Andrew Drummond’s appointment to the Planning Commission and Chris Crossen’s
appointment as a full member of the Zoning Board, there are two vacancies for alternate
members on the Zoning Board of Appeals. This constitutes the second announcement of both
vacancies, which have expiration dates of June 30, 2015.
Applications will be accepted for two vacancies for the position of alternate Zoning Board
members until January 28, 2015 at 4:30 pm. A subcommittee of Abboud as chairperson, Mueller
and Oen will meet on February 3, 2015 at 7:15 pm to review applications and make a
recommendation for appointment to the Village Council.
REVIEW AND CONSIDER ESTABLISHING SUBCOMMITTEE OF COUNCIL
MEMBERS KELLY, MUELLER AND PEDDIE TO REVIEW WATER AND SEWER
RATES
The initiative for creating this subcommittee was discussed at the strategy meeting of Council
held on January 10, 2015. Members Kelly, Mueller and Peddie volunteered to participate on this
subcommittee.
Motion by Oen, second by Delaney, to appoint Council members Kelly, Mueller and
Peddie to a subcommittee to review water and sewer rates and make a recommendation to
Council before or during upcoming budget deliberations.
Motion passed.
PUBLIC COMMENTS
None
REGULAR COUNCIL MEETING MINUTES – JANUARY 20, 2015 - PAGE 3
MANAGER’S REPORT
Joint Meeting with Planning Commission – The Annual joint meeting with the Planning
Commission is scheduled for Wednesday, February 11 at 7:30 pm. The Planning Commission is
preparing an agenda for this meeting. Council members should contact Wilson if they have items
to be included on the agenda.
Snow Emergency – As a reminder, the Village may declare a snow emergency when there is a
significant snowfall. In such instances, residents must refrain from parking vehicles on Village
streets until the street has been cleared of snow. Even without declaration of a snow emergency,
it is helpful to the Village and neighbors if residents remove vehicles from the roadway during
snow plowing. In addition, residents should be aware of plow trucks as they are driving. Plow
trucks, like other emergency vehicles, have the right of way at all times.
Winter Family Fun Day – The Annual Winter Family Fun Day will be held on Sunday, January
25 from 1-4 pm, weather permitting. Events this year will include, but are not limited to,
sledding, skating, snow golf, a snow cave, and a warming fire.
Attorney Ryan addressed questions from Council about the possibility of placing a Charter
amendment question on the ballot for the May 5, 2015 state-wide election. He related that there
is not enough time to complete the process to have ballot language ready for this special election.
Delaney recently observed that a large branch fell from a tree on Riverside. Wilson remarked
that Village staff inspects some areas and also follows up with resident complaints regarding
fallen branches. There have been a rash of problems with branches breaking off, particularly with
large Silver Maples. This issue could be addressed through a targeted tree program that includes
preventative trimming by J.H. Hart Forestry. Wilson mentioned that Silver Maples are not
allowed to be planted in Village rights-of-way for this reason.
COUNCIL COMMENTS
Mueller encouraged everyone to come out for the Winter Family Fun Day in Beverly Park on
Sunday, January 25, weather permitting. The Parks and Recreation Board is finalizing its
recommendations to Council for Beverly Park maintenance and capital improvements for
consideration in the upcoming budget.
Delaney thanked Mooney for organizing the special strategy meeting of Council on January 10.
It was a worthwhile session. Oen concurred that the Council discussion at the January 10
meeting was productive. Oen thanked Comeau Equipment Co. staff for keeping Village streets
plowed.
Peddie announced that the Baldwin Library Board will meet tomorrow, January 21, 2015. She
will have a report at the next Council meeting.
Mooney thanked Council and Administration for attending the January 10 special Council
meeting as well as the chairs of the Planning Commission and Parks and Recreation Board. The
purpose of the meeting was to plan for the future and provide direction and leadership. Mooney
recapped the following topics discussed at the Council strategy meeting:
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Public Safety Department and personnel changes;
REGULAR COUNCIL MEETING MINUTES – JANUARY 20, 2015 - PAGE 4
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Infrastructure needs:
Road repairs on Lahser Road, Beverly Road, and Riverside Drive
Sewer system repairs
Municipal building improvements;
Building Department operation and personnel changes;
Village Finances;
Retiree pension and post employment benefit obligations
Mooney commended the following members of Boy Scout Troop 1024 who will be awarded the
rank of Eagle Scout - Ethan Webster, Leonard Trotta and Clark Kingston. Mooney will be
presenting these young men with a proclamation in honor of their efforts on behalf of the Village
and the Council.
Motion by Delaney, second by Oen, to adjourn the meeting at 7:57 pm.
Motion passed.
John Mooney
Council President
Ellen E. Marshall
Village Clerk
Susan Bernard
Recording Secretary
THESE MINUTES ARE NOT OFFICIAL. THEY HAVE NOT BEEN APPROVED BY THE VILLAGE
COUNCIL.
MEMO
To:
Chris Wilson, Village Manager
Members of Village Council
From: Ellen Marshall, Assistant Manager
Re:
Set Public Hearing Date – 19600 W. 13 Mile Road
Date: January 30, 2015
At their regular meeting held January 28, 2015, the Planning Commission referred a request from
Timothy Patrick Homes to the Village Council for review and approval of a qualification and
development plan for a cluster option development at 19600 W. 13 Mile Road. At this time, a
public hearing needs to be set for March 3, 2015 for that review.
MEMO
To:
Chris Wilson, Village Manager
Members of Village Council
From: Ellen Marshall, Assistant Manager
Re:
Set Public Hearing Date – 31805 Evergreen
Date: January 30, 2015
At their regular meeting held January 28, 2015, the Planning Commission referred a request from
Mentag Development to the Village Council for review and approval of a private road at 31805
Evergreen Rd. At this time, a public hearing needs to be set for March 3, 2015 for that review.
MEMO
To:
Council members Abboud, Mueller and Oen
Village Manager Wilson
From: Ellen Marshall
Re:
Zoning Board Vacancies
Date: January 29, 2015
You were appointed as the committee to make recommendations to fill two alternate member
vacancies on the Zoning Board of Appeals. The terms for these vacancies expire June 30, 2015.
We have received one application from Karen Mitchell. Your committee will be meeting in the
Council Chamber at 7:15 p.m. on Tuesday, February 3rd prior to the Council meeting.
eem
MEMO
To:
Chris Wilson, Village Manager
Members of Village Council
From: Ellen Marshall, Assistant Manager
Re:
Hubbell, Roth & Clark Invoices
Date: January 22, 2015
Attached are three invoices from Hubbell, Roth & Clark for professional engineering services for
the period ending December 27, 2014.
Invoice #0133825
Saxon Combined Sewer Rehabilitation
Invoice #0133827
SAW Grant Study
Invoice #0133828
MS4 Permit Assistance
Total Invoices
$508.96
$14,445.87
$1,012.62
$15,967.45
Resolution
Be it resolved that the Village of Beverly Hills Council approve the invoices submitted by
Hubbell, Roth & Clark, Inc. for professional services in the amount of $15,967.45 for the period
ending December 27, 2014.
Village of Beverly Hills
Municipal Building
Regular Council Meeting
Tuesday, February 3, 2015
18500 W. 13 Mile Road
7:30 p.m.
INFORMATION ITEMS
a. Beverly Hills Public Safety Activity Report for period of January 15 – 29, 2015,
and Fire Prevention Bureau bi-weekly report for January 5 – 18, 2015.
b. Birmingham Area Cable Board monthly report for January 2015.
c. Minutes of regular Zoning Board of Appeals meeting held January 12, 2015
(unapproved).
d. Minutes of regular Parks & Recreation Board meeting held January 15, 2015
(unapproved).
e. Minutes of regular Birmingham Area Cable Board meeting held January 21,
2015 (unapproved).
f.
Updated rosters for Cable Board and Zoning Board of Appeals (Council only).
Beverly Hills Public Safety Activity Report
January 15 - 29, 2015
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1
The Beverly Hills Public Safety Department responded to an address on
Kirkshire to assist Troy City Police on a search warrant for that residence.
The alleged suspect, who lives on Kirkshire, was arrested for stealing
purses and items from cars while they were parked in the parking lots of
area schools. It is believed that the suspect would enter the unlocked
vehicles and steal all valuable contents in the car. Officers and Detectives
worked with the Troy Police in recovering the stolen items. Felony charges
are pending at this time for the suspect.
Facebook users to receive AMBER alerts in newsfeeds. The National
Center for Missing and Exploited Children announced their partnership
with Facebook this week. The AMBER Alert program is a voluntary
partnership between law enforcement agencies, broadcasters,
transportation agencies and the wireless industry, to activate an urgent
bulletin in the most serious child-abduction cases. The goal of an AMBER
alert is to instantly galvanize the entire community to assist in the search
for and the safe recovery of the child. Go to www.AMBERalerts.gov for
more information and to sign up for the alerts.
The three suspects that were arrested in December for home invasions all
pled guilty without going to trial and are now facing sentencing. Property is
being returned to our residents as well as other victims from other
jurisdictions. Officers did an outstanding job from the beginning of the
incident until the end.
The Beverly Hills Public Safety Department investigated an aggravated
stalking complaint last year and the long investigation was concluded with
the jury finding the suspect guilty of four counts of aggravated stalking
(Circuit Court) and was remanded into custody immediately. The trial was
one week long with 137 items of evidence.
The Beverly Hills Public Safety Department completed State and Federal
forms of forfeiture this week.
The Beverly Hills Public Safety Department completed and requested a
RAP grant (Risk Avoidance Program) from our Michigan Municipal Risk
Management Authority (MMRMA) in order to pay for half the cost of new
security cameras in and around the Public Safety Office. The MMRMA
pays for up to 50 percent of the cost and we should receive about $9,000
for this grant.
Beverly Hills Public Safety is investigating the "tagging" incidents at the
local school. "Tagging" is where people spray paint their "Tag" onto a
public place then take a picture of it and use it on Twitter. The suspects
are not juveniles but adults who believe they have an agenda or are just
being funny. It is unlawful to deface or maliciously destroy public and
private property. At this time the Detective Bureau along with other police
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agencies are looking into the recent destructions. Investigation continues
at this time. If anyone observes a subject spray painting public or private
property, please call the Public Safety Office 248-540-3400.
Officers were called to Huntley Square Apartments for a domestic
disturbance. Officers arrested a subject who assaulted his wife.
Officers were called by Huntington Woods Public Safety to pickup one of
our subjects on an outstanding warrant from the 46th District Court.
Officers responded to a Hospice death in the Village.
Officers made a traffic stop for equipment violation at 13 Mile and
Evergreen. The driver was arrested for operating while under the
influence of drugs or alcohol. A check of the vehicle revealed that the
driver was in possession of synthetic narcotics and paraphernalia with
marijuana. Subject had a search warrant drawn up for blood and was
lodged without incident.
Officers were contacted by an alleged victim of a domestic disturbance
which happened in a moving car on 14 Mile and Greenfield. Officers
arrived at the scene and the alleged victim refused to identify the boyfriend
who broke out her window after she kicked him out of the car.
Officers made a traffic stop on 13 Mile and Pierce for an equipment
violation. The driver was arrested for four traffic warrants out of several
municipalities.
Officers affected another traffic stop at 13 Mile and Greenfield for
equipment violation. The driver was arrested for driving while license
suspended twice and no insurance.
Officers stopped a car for speeding at 14 Mile and Southfield and arrested
the driver for drunk driving BAC .16 and .14. Subject was arrested without
incident.
Officers responded to Huntley Square Apartments on a family trouble call
and arrested a subject who had two outstanding warrants for his arrest.
Officers stopped a subject driving on Southfield and 13 Mile for an
equipment violation. The driver was arrested for driving while license
suspended three times, no insurance and equipment violation. The arrest
was without incident.
Officers and Detectives are investigating a larceny of an iPhone from the
Beverly Hills Club.
Officers were called to a missing street sign on Smallwood and
Plumbrook.
Operation medicine cabinet was used several times.
Officers responded to a property damage accident on Fairfax.
Officers were called to a reckless driver on 13 Mile and Southfield.
Officers were dispatched to breaking and entering alarm on Eastlady.
Officer Lee Davis attended the Groves boy's basketball game for security
and liaison reasons. There were no incidents to report.
Officers and fire trucks responded to Groves High School for a fire alarm
which turned out to be false.
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3
Officers assisted Wayne County Airport police by contacting a subject who
lived in the Village and needed to be given important information about a
family member.
Officers were called to an animal complaint on Fairfax.
Officers were dispatched to a solicitor complaint on Village Pines.
Officers responded to an alarm on Lincolnshire.
Officers responded to an alarm on Crossbow.
Officers were dispatched to a medical on Old Stage.
Officers responded to a property damage accident on Evergreen and
Beverly.
Officers were dispatched to an alarm on 14 Mile.
Officers were called to Huntley Square Apartments for an attempted
larceny of wheels.
Officers were called to a road hazard on Riverside. A large branch had to
be removed.
Officer responded with the fire truck on a fire alarm on 13 Mile.
Officers were dispatched to an animal on Leemoor.
Officers were called to a medical on Robinhood.
Officers responded to a car assist on 14 Mile and Southfield.
Officers were at the front desk and took a report for credit card fraud at
Georgetown sub.
Officers responded to a false alarm on Cline.
Officers went to a medical on Locherbie
Officers responded to a medical on Auburn.
Officers completed nightly check on all churches, businesses and
Southfield Twp. Offices.
Officers also completed vacation checks for some Village residents.
Officers were dispatched to a broken down car on 13 Mile.
Officers responded to an alarm at Groves High School.
Officers were dispatched to an alarm on Waltham.
Officers assisted Royal Oak Police on Greenfield on a bad accident.
Officers responded to a medical on Pierce.
Officers responded to a medical on Billington.
Officers were dispatched to a lift assist on Chelton.
Officers responded to a property damage accident on Beverly and
Southfield.
Officers were dispatched to a citizen assist on Churchill.
Officers responded to a private property accident at Detroit County Day
school.
Officers responded to assist a citizen at Huntley Square Apartments.
Officers were dispatched to a robbery alarm at KFC.
Officers responded to a car assist on 13 Mile & Greenfield and another on
13 Mile & Lahser.
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Officers transported several prisoners to the 46th District Court for
arraignment and prosecution.
Officers were dispatched to a parking complaint on Riverside.
Officers answered an alarm on Buckingham.
Officers performed crossing guard duties.
Officers were dispatched to a property damage accident at 13 Mile and
Evergreen.
Officers were dispatched to Old Post for a larceny of a bench.
Officers were called to Market Fresh for two disorderly subjects. Officers
arrested one of the subjects for three outstanding warrants. Both subjects
were told by the owner and the officers not to come back.
Officers were called to traffic lights issues at Southfield and Beverly Road.
Officers were called to alarms at Fairfax and Crossbow.
Officers took a complaint at the front desk for identity fraud on Robinhood.
Officers responded to a medical on Mayfair.
Officers investigated an illegal dumping complaint behind Market Fresh.
Officers were dispatched to Verona for an alarm.
Officers assisted Royal Oak Police at 14 Mile and Greenfield.
Officers responded to an alarm on 14 Mile.
Officers responded to an alarm at the Michigan Beer Growler.
Officers responded to an alarm on Bedford.
Officers were called to a lift assist on Camelot.
Officers responded to a carbon monoxide alarm on Kinross.
Officers were dispatched to a car assist on 14 Mile and Greenfield.
Officers responded to an alarm on Arlington.
Officers were dispatched to a medical on Wilshire.
Officers responded to a medical on Bellvine.
Officers were called to a local business where a new hire was smelling of
marijuana. The new employee admitted he was smoking marijuana but he
also possessed a marijuana card. Officers left the scene after talking with
the owner and calling a cab for the subject. The new hire left before the
cab could make the location and the new hire is history.
Officers were dispatched to a home on 13 Mile where a car was taken
without permission. The driver (parolee) was arrested in Detroit for
several charges and the car was located during the arrest. The owner
was notified of the circumstances.
Detective Activity and School Liaison
 Detectives closed out several cases which involved possession of cocaine
and operating while in impaired.
 Detectives investigated in custody domestic assault.
 Followed up on a road rage involving a possible gun. Suspect was
identified made some admissions and investigation continues.
4
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Followed up with vehicle taken without permission. Vehicle recovered by
Detroit Police. Patrol alert put out by Michigan Department of Correction,
suspect arrested.
Closed out domestic disturbance that allegedly occurred in vehicle. No
cooperation from alleged victim.
Followed up on credit card cloning.
Follow up on tagging investigation.
Attended trial for circuit court, suspect found guilty on four counts of
Aggravated Stalking.
Followed up on drunk driving II complaint. Defendant found in violation of
bond conditions, sentenced to five days in Oakland County Jail.
Domestic case defendant found in violation of bond conditions. Sentenced
to six days in Oakland County Jail.
Follow up on possible road rage/felonious assault.
Follow up on ID Theft cases.
Followed up on home invasions cases, working to return property.
Followed up on embezzlement case.
Recorded calls for service listed
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5
312 Service calls.
91 citations were issued.
Aggravated Stalking.
Felony arrest.
Arrests made 9.
Unarmed robbery.
Strong armed robbery.
Possession of cocaine/narcotic 2.
Violation of parole/probation.
Domestic disturbance 2.
Personal Protection Order arrest (PPO)1.
Assault.
Drunk driving 1.
Leaving the scene of an accident arrest.
Operating while in the presence of drugs 1.
Threats complaint.
Damage to private property.
House party.
Fleeing or eluding police.
Extradition felony warrant.
Trespassing 1.
License/title/registration.
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6
Driving while license suspended 3.
No operator's license acquired.
Retail fraud arrest.
Arrest Warrants 2.
UDAA (stolen car) attempt (recovered) 1.
Civil Friend of Court.
Intimidation complaint.
Reported home/business invasion.
Concealed pistol permit violation.
Minor in possession.
Entering School without permission.
Larceny from a vehicle/building/other 1.
Larceny from person.
Obstruct police.
Uttering and Publishing bad check.
Embezzlement.
Retail fraud, theft 3rd degree.
Retail Fraud.
Computer crime.
Marijuana arrest.
Repo (assist) vehicle.
Called for K-9 dog.
Harassing communications.
Malicious destruction of private property.
Family trouble 2.
Juvenile malicious mischief/recovered.
Reckless driving 1.
Public peace.
Carrying weapon in prohibited zone.
Misdemeanor traffic.
Disturbing the peace.
Personal injury traffic crash/death.
Death investigation.
Property damage traffic crash 9.
Private property traffic crash 2.
Private/Public property hit and run 2.
Sudden death.
Accidental property damage.
Attempt suicide.
Medical alarm.
Sick care for medical 13.
Mental.
Occupational injury.
Fraud.
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7
I.D. theft 2.
Found property 1.
Lost property.
Missing person/found.
Hospice death 1.
Welfare check.
Customer trouble.
Liquor inspection.
Neighborhood trouble.
Employee trouble.
Confiscated property 1.
Open building.
Suspicious circumstances 11.
Suspicious vehicles 6.
Telephone harassment.
Suspicious persons 2.
Intelligence information 3.
Assist other law enforcement agency 8.
Assist medical.
Assist motorist 5.
Assist other govt agency 3.
Assist citizen 7.
Sex offender home verification check.
Civil matter 1.
Miscellaneous other.
Traffic complaint road hazard 2.
Traffic complaint abandoned auto/impound.
Traffic complaint parking complaint 1.
Traffic complaint commercial vehicle inspection.
Traffic complaint miscellaneous 5.
Animal complaint 2.
Animal alive pickup.
Barking dog.
Animal bite.
Burglary alarm/robbery alarms 18.
Handicapped parking citation.
Gun permit1.
Public relations 1.
Operation Medicine Cabinet 5.
Adopt a Senior.
Loud party complaint.
Fingerprint check.
Housing other department prisoners 1.
Housing prisoner 9.
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8
PBT test 47.
Ordinance violation/calls 1.
911 Hang up 1.
Phone nuisance calls.
Scene supervision.
Traffic direction.
Motor carrier traffic stop.
Fire truck maintenance/Radio.
Multiple dwelling fire.
Fire dwelling single family.
Miscellaneous outside fires.
Fire alarm 4.
Vehicle fire.
Smoke investigation.
Wires down.
Fuel spill.
Outside fires garbage dumpster.
Hazardous materials.
Odor investigations.
Carbon monoxide detector 2.
Solicitor complaint 1.
Natural gas leak.
Fire inspection.
Lift assist 4.
Knox box.
Mutual aid to other department.
Follow-up inspection.
Radar enforcement 9.
Crossing Guard 2.
Parks and Recreation Area.
Crime prevention extra patrol 113.
Follow up/death message/criminal complaint.
Service request Road Commission.
Miscellaneous details 1.
Prisoner transport 2.
Police training/fire training 5.
School Liaison activity 1.
Selective enforcement.
Beverly Hills Public Safety Department
Fire Services Bureau
18600 West Thirteen Mile Road – Beverly Hills – MI – 48025
Phone: 248-540-3400 – Fax: 248-540-3437
Bi-Weekly Report
Time Period: 1/5/2015 – 1/18/2015
Administrative:
 OCMCA – Attended monthly meeting of the Professional Standards Review Organization
(MFR/BLS representative)
 Fire RMS – Completed annual Fire Records Management System audit.
 CLEMIS – Met w/Fire RMS administrator regarding dispatch coding.
REGULAR ZONING BOARD OF APPEALS MEETING MINUTES – JANUARY 12, 2015 - PAGE 1
Present:
Chairman Eifrid; Vice-Chair Tillman; Members: Crossen, Donnelly, Fox, Raeder
and Rass
Absent:
Verdi-Hus
Also Present: Village Manager, Chris Wilson
Council liaison, Abboud
Vice-Chairperson Tillman called the meeting to order at 7:30 p.m. in the Village municipal
building at 18500 W. Thirteen Mile Road.
APPROVE MINUTES OF ZONING BOARD MEETING HELD NOVEMBER 10, 2014
Motion by Raeder, second by Tillman, that the minutes of the regular Zoning Board of
Appeals meeting held on November 10, 2014 be approved as submitted.
Motion passed.
CASE NO. 1273
Petitioner:
Edward Paley
Property:
20120 Village Drive
Village Ordinance: Section 22.08.150 Section B2. Privacy Screens: Privacy screens that do
not exceed six feet in height above grade are permitted as follows:
a. In rear and side yards to enclose an area on up to three sides only that is located a minimum of
10 feet from any lot line and with a total horizontal length that does not exceed 25% of the lot
line portion of the rear yard.
Deviation requested: To erect a privacy fence closer than 10 feet from the lot line.
Manager Wilson said that this property at 20120 Village Drive is in an R-A zoning district. The
homes in Evergreen Village were developed similar to a cluster development; the setbacks do not
conform to a traditional R-A development. It is a large residential complex developed with park
area set aside. The fencing in question exceeds six feet in height and is not located 10 feet from
the rear lot line, which is required for a privacy screen.
Wilson stated that Village staff has dealt with this petitioner for some time concerning privacy
issues and the condition of the lot abutting his property. Village administration advised Mr. Paley
a few years ago to consider a living fence. The petitioner planted arbor vitae along the rear lot
line, which provided some relief to the problem. There was a section of evergreen trees that died
and were replaced twice. The contractor hired by the petitioner erected an approximately 9 ft
high wood panel along a portion of the rear lot line without seeking a fence permit. Wilson
displayed photographs of the front of the property and the wood panels in the rear yard located
close to an existing chain link fence on the lot line.
REGULAR ZONING BOARD OF APPEALS MEETING MINUTES – JANUARY 12, 2015 - PAGE 2
Board member Fox distributed copies of a plat of the Evergreen Village subdivision. She noted
that the length of the Paley’s rear yard is 141 ft. She estimated that the three panels in question
were about 24 ft. long. The problem with the screening fence is the height and proximity to the
existing fence (22 in.) on the lot line. Fox also said that the Paley’s have built up the grade along
the fence line.
Wilson mentioned that Board member Sharon Fox and her husband are the neighbors who abut
the applicant’s property. Sharon Fox recused herself from voting on Case 1273 for this reason.
She left her seat at the table and sat in the audience.
Edward Paley presented his case and described the existing hardships that warrant the granting of
this variance. Paley moved into his home 7½ years ago. He had a privacy and security panel
erected in the spring of 2014 after a group of arbor vitae that screened his lot from the abutting
yard died and were replaced twice. The applicant explained that there is a need for screening and
that he along with ten of his neighbors have complained about the unsightly condition of the
abutting property.
Paley said that he waited seven years to construct the panel thinking that existing conditions
would improve. He noted that his house is close to the lot line and he has a deck off the back of
his house. Paley related that there was a lantern attached to an out building located on the
abutting lot, which kept them awake at night. This light was removed after a court hearing. Paley
referred to two out buildings on the abutting property, a garage and a shed, and complained about
the colors they are painted. Paley displayed photos of items he referred to as “junk” on the
adjoining lot. He mentioned that the neighbor to the rear addressed him one time using swear
words.
Eifrid reminded the petitioner that the Board could consider only the hardships related to the case
and reasons why a variance from the ordinance should be granted for his particular property.
Wilson mentioned that the Evergreen Village development has smaller lots relative to the
surrounding R-A district area. The property in question has a small rear yard with less than 40 ft.
from the house to the lot line. These are incompatible uses with a fairly dense development
abutting a semi-rural subdivision. In answer to an inquiry from the Board, Wilson said that there
have been violation citations issued to the abutting property owners. It was more of a problem
several years ago with complaints received from neighboring properties regarding the condition
of the rear yard. There has been a history of complaints, citations given, and court action
regarding the light issue that was resolved.
Wilson explained further that the Village issues a field correction notice and delivers it to a
residence when there is an ordinance violation. There is a period of 30 days to resolve the
violation. Village staff often talks with the property owner about issues and tries to resolve the
situation to the satisfaction of both parties. In this situation, a living privacy screen was
attempted to screen the view of the neighbor’s back yard.
Board members discussed the request for variance. Members sympathized with the need for
screening and privacy on this property. Tillman reviewed that the Board has to be convinced that
REGULAR ZONING BOARD OF APPEALS MEETING MINUTES – JANUARY 12, 2015 - PAGE 3
enforcement of the ordinance would create an exceptional or undue hardship. It was noted 6 ft.
fences are not allowed in the Village. The petitioner would have been aware of the zoning laws if
a permit was pulled for the privacy screen. Board members encouraged the petitioner to consider
a lesser variance or other alternatives that would provide privacy. It was suggested that there are
other solutions.
Paley stated that he would lose valuable trees if he were to move the fence panels further away
from the lot line, and the privacy screen would be 12-15 feet from their deck. He added that none
of the neighbors in Evergreen Village have complained about the privacy screen. There was
some conversation by the Board relative to what type of tree would grow in the location near the
lot line and different options for a natural fence.
Council liaison Abboud said that he sympathized with both parties. He also questioned whether
there was a lesser variance that would accommodate the needs of the petitioner. He suggested
that the applicant consider an alternative.
Alan Fletcher of 20080 Village Drive, member of the Board of Evergreen Village Homeowners
Association, verified his support for Ed Paley. He said that this problem has been ongoing for
years with no resolution.
Leonard Terman of 20110 Village Drive said he lives next door to the Paleys and directly behind
the Fox residence. He commented on the debris in the rear yard of the abutting property. He
suggested that the neighbors should communicate and work out their issues.
Sharon Fox of 20605 Glenhill Court stated that five Evergreen Village subdivision lots abut the
east side of her 1-1/3 acre parcel. Her lot backs up to the Douglas Evans nature area; most of her
backyard remains natural woods. Fox mentioned that the outbuildings consisting of a garage and
a shed were permitted by the Village. She commented on issues with the abutting neighbor and
related what she believed to be the problematic intervention by the Village code enforcement
officer. Fox thought that the problem was that the Paleys do not like the way her back yard looks
compared to the landscaped look of Evergreen Village. She maintained that the screening fence
should go through the correct process; she would like to see a green fence.
It was noted that six affirmative votes are needed to grant a use variance. Six members of the
Zoning Board will vote on this case. The petitioner asked that his request for variance be
postponed until the next meeting of the ZBA.
Motion by Rass, second by Tillman, that Case No. 1273 be postponed until the next
Zoning Board meeting at the request of the petitioner.
Motion passed.
ZONING BOARD COMMENTS
None
REGULAR ZONING BOARD OF APPEALS MEETING MINUTES – JANUARY 12, 2015 - PAGE 4
ADMINISTRATION COMMENTS
Wilson stated that there is one vacant position on the Zoning Board and two vacancies for
alternate positions on the ZBA.
Motion by Crossen, second by Tillman, to adjourn the meeting at 8:56 p.m.
Motion passed.
David Eifrid, Chairperson
Zoning Board of Appeals
Ellen E. Marshall
Village Clerk
Susan Bernard
Recording Secretary
THESE MINUTES ARE NOT OFFICIAL. THEY HAVE NOT BEEN APPROVED BY THE ZONING
BOARD OF APPEALS.
PARKS & RECREATION BOARD MEETING MINUTES – JANUARY 15, 2015– PAGE 1
Present:
Chairperson Kondak; Vice-Chairperson Hausman; Members: Borgon, Davis,
Greening, Ruprich and Schmitt
Absent:
None
Also Present: Assistant Manager/Clerk, Marshall
Council Liaison, Mueller
Chairperson Kondak called the meeting to order at 7:30 p.m. in the Village municipal building at
18500 W. Thirteen Mile Road.
APPROVE MINUTES OF A REGULAR PARKS & RECREATION BOARD MEETING
HELD NOVEMBER 20, 2014
Motion by Schmitt, second by Ruprich, that the minutes of a regular Parks and
Recreation Board meeting held on November 20, 2014 be approved as submitted.
Motion passed.
PUBLIC COMMENTS
None
DISCUSS FINAL PREPARATIONS FOR WINTER FAMILY FUN DAY
Board members Hausman, Ruprich and Borgon are organizing this year’s Winter Family Fun
Day scheduled for Sunday, January 25 from 1–4 pm. Plans for the event were reviewed
including activities and games, refreshments and volunteers. The scouts will build a snow cave
on the Saturday before the event. Area schools have received the information flyer electronically.
REVIEW BEVERLY PARK PRIORITY LIST
At its November meeting, the Parks and Recreation Board discussed suggestions for
maintenance and capital improvements for Beverly Park. Assistant Manager Marshall drafted a
memo listing park priorities based on that discussion.
Kondak informed the Board that Council held a strategy meeting on Saturday, January 10 to talk
about planning for the next fiscal year and several years into the future. The importance of
properly maintaining Beverly Park was discussed as well as long and short-term capital
improvements. Council was open to providing funding to keep the park looking good. They
encouraged the Parks and Recreation Board to actively pursue priority park maintenance projects
as well as long-term maintenance and improvements. Mueller asked that the Board submit a list
of priority recommendations and cost estimates to Council prior to the upcoming budget
deliberations.
Board members reviewed and commented on items outlined in the memo from Marshall dated
January 5, 2015 regarding park priorities. The memo included information regarding state grant
money available for park improvements. Handicap access would be an eligible project. Proposals
are due by April 1. Marshall commented on opportunities for grants that require a 25% match.
PARKS & RECREATION BOARD MEETING MINUTES – JANUARY 15, 2015– PAGE 2
Pavilion repair and maintenance – The brick work around the grill needs attention as well as the
chimney. Marshall said that she is meeting with a mason tomorrow; he will inspect the grill area
and provide a quote for repairs. The grates are removable and should probably be removed
before people use the fire pit for a bonfire, which damages the grates.
The footings for the pillars and cracks in the floor of the pavilion require concrete repairs. The
repairs could possibly be tied into concrete road work in the Village. Caulking, wood
replacement and painting the pavilion is in the budget for this year; bids will be solicited. Future
planning will include pavilion roof replacement.
Disc Golf – There was conversation about replacing the tees with concrete pads in order to
provide a dry tee box.
Drainage improvements - The suggestion was made that the Village’s engineering consulting
firm take a look at drainage improvements in the park and provide cost estimates. Improved
drainage would keep the wood chip path and disc golf course in better condition most of the year
as well help with mosquito problems.
Woodchips in playground area- Marshall related that the project will be more expensive this year
because it will involve removing the existing woodchips from the playground area and replacing
them with new sterilized woodchips. The woodchips have composted over time and have
become ineffective.
Playground – It was noted that it is probably time to have the insurance company inspect the
playground equipment for safety issues and inform the Village of current trends. There was
agreement to add a handicap accessible swing to the playground.
Fence improvements and replacement– There was discussion on how to address unsightly areas
of the Allerton fence where trees and shrubs are growing through the fence. The Beverly Road
fence should also receive regular maintenance.
Picnic Tables – Marshall presented information she found on replacing or rehabilitating picnic
tables. Board members preferred the option of purchasing Barco Board retrofit kits to replace the
current wood boards with manmade material. The total cost for one table including shipping
would be $572, or $6,689 for 12 tables. The suggestion was made to research the cost of
composite boards at Home Depot, Lowes or a local lumber yard.
Glass/Plastic/Trash Recycle Receptacles – Ruprich researched recycle receptacles for Beverly
Park. She highlighted features of various options and displayed pictures of the receptacles in
order to receive input from the Board. Members discussed possible locations and types of
containers. There was agreement that this would be an asset to the park. Recycle receptacles will
be researched further and pursued.
Dugout – It was suggested that the new dugout constructed by the Beverly Hills Little League be
stained to match the other dugout. Marshall will contact Paul Turner about this.
PARKS & RECREATION BOARD MEETING MINUTES – JANUARY 15, 2015– PAGE 3
DISCUSS PREPARATIONS FOR MEMORIAL DAY PARADE AND CARNIVAL
The Memorial Day Parade and Carnival will be chaired this year by Hausman, Ruprich and
Borgon. The organizers will meet and start work on the carnival after the Winter Family Fun
Day event. Residents Kim and Mike Eberhart have volunteered again this year to organize the
Memorial Day Parade. Members were asked to think about who would be this year’s Grand
Marshal.
COUNCIL COMMENTS
Councilman Mueller recapped some of the discussion at the Council strategy meeting held on
Saturday, January 10. He highlighted some of the major items addressed at this meeting.
ADMINISTRATION COMMENTS
Marshall stated that the Village was given a number of sapling trees some years ago; they were
planted in an area by the sled hill. These trees have started to grow and are at a size where they
can be transplanted to other areas of the park this year.
Marshall mentioned that the Parks and Recreation Board was asked at the joint meeting with
Council last June for suggestions on how to improve the small park area at Beverly and
Greenfield Roads. The area is considered an entrance to the Village. Brush in this area was
removed by J.H. Hart Forestry. There is $5,000 budgeted for this project. Marshall asked if this
should be an agenda item for the Board.
BOARD COMMENTS
Members thanked Janice Hausman and her family for hosting a holiday party. Board members
were looking forward to an enjoyable Winter Family Fun Day.
In response to an inquiry, Marshall stated that she received nine orders for personalized paving
bricks to be laid in the flagpole area of Beverly Park. She will advertise the paving bricks in the
next Villager Newsletter.
The meeting was adjourned at 8:53 p.m.
BIRMINGHAM AREA CABLE BOARD MEETING MINUTES – JANUARY 21, 2015 – PAGE 1
Present:
Heldt, Kelly, McLain - Birmingham
Borgon, Heyman, Schneider – Beverly Hills
Ettenson – Bingham Farms
Stakhiv – Franklin
Absent:
McAlear - Birmingham
Verdi-Hus – Beverly Hills
Also Present: White - Executive Director
Currier - Attorney for Cable Board
Rota - Bloomfield Community Television
Galbraith – Birmingham Schools representative
Thomas – Birmingham staff representative
McLain called the meeting to order at 7:45 a.m. in the Village of Beverly Hills municipal
building at 18500 W. Thirteen Mile Road.
APPROVE MINUTES OF CABLE BOARD MEETING HELD DECEMBER 17, 2014
A change was made to correct the spelling of ‘Al Jazeera’ on page 4.
Motion by Borgon, second by Heldt, that the minutes of a regular Cable Board meeting
held on December 17, 2014 be approved as amended.
Motion passed.
PUBLIC COMMENTS
None
GRANT REQUEST – CITY OF BIRMINGHAM
Amanda Thomas, Management Analyst, presented a grant request for the 2014-15 fiscal year
from the City of Birmingham for cable and connectivity related services. The Board is in receipt
of a memo dated January 6, 2015 summarizing the services needed and expenses anticipated for
the Police Department, Historical Museum, Department of Public Services, and Information
Technology.
Motion by Borgon, second by Stakhiv, that the Birmingham Area Cable Board award a
grant in an amount not to exceed $29,815.00 to the City of Birmingham for cable and
Internet related services in the 2014-2015 fiscal year.
Ms. Thomas addressed questions from Board member Ettenson regarding connectivity charges
for increased speed and bandwidth to the Historical Museum and charges for cable service at the
Birmingham golf courses.
Roll Call Vote:
Heyman
- yes
Schneider
- yes
BIRMINGHAM AREA CABLE BOARD MEETING MINUTES – JANUARY 21, 2015 – PAGE 2
Stakhiv
Ettenson
Heldt
Kelly
McLain
Borgon
- yes
- no
- yes
- yes
- yes
- yes
Motion passed (7 – 1).
GRANT REQUEST – BALDWIN PUBLIC LIBRARY
Kathryn Bergeron, Associate Director of the Baldwin Public Library, was present requesting a
grant from the Birmingham Area Cable Board for assistance with the cost of redesigning the
library website. The current BPL website was developed in 2008 and has become outdated,
difficult to edit, and ill suited to mobile devices and social media integration.
The Library released a Request for Proposals for a complete redesign of its website in 2014.
Material submitted to the Cable Board included a breakdown of the bid proposals. Bergeron said
that the bids for this project came in higher than the budgeted amount. The bid was awarded to
GravityWorks Design & Development, the bidder with the lowest long-term costs. Baldwin
Library is requesting that consideration be given to a grant in the amount of $24,720 to offset the
first year costs of this project.
Motion by Borgon, second by Heldt, that the Birmingham Area Cable Board award a
grant in an amount not to exceed $24,720 to the Baldwin Public Library to offset the first
year cost for the complete redesign of its website.
Questions and comments from Board members on the proposal were addressed by Ms. Bergeron.
She stated that the BPL website will be a great benefit to its member communities, which is why
the Library Board has approached the BACB for assistance; parts of the Library’s mission and
the Cable Board’s mission overlap in terms of educational programming and BCTV viewership.
Bergeron recognized Library Director Doug Koschik in the audience and commended him for
working to keep the Baldwin Public Library fiscally responsible.
Roll Call Vote:
Motion passed (8 – 0).
Motion by Stakhiv, second by Schneider, to move agenda item #6, Closed Session, to the
end of the meeting.
Motion passed.
COMMITTEE REPORTS
Cable Action Committee
White reported that those present at the last Cable Action Committee meeting discussed the
Board’s fund balance policy and the calculation of administrative grants to the four communities.
BIRMINGHAM AREA CABLE BOARD MEETING MINUTES – JANUARY 21, 2015 – PAGE 3
The next meeting of the Cable Action Committee will be held on Thursday, February 5 at 5:30
pm at the Baldwin Public Library.
McLain reminded everyone that the February meeting of the BACB was moved to Wednesday,
February 25, 2015.
PEG Committee
Heldt mentioned that taping and broadcasts of high school sporting events is ongoing. There will
be no PEG Committee meeting following today’s Board meeting.
Borgon left the meeting at 8:04 a.m.
Personnel Committee
Stakhiv reported that the Personnel Committee met on January 14, 2015 to review the upcoming
performance appraisal of the Cable Board Executive Director. Stakhiv distributed an evaluation
form to Board members and requested that they fill it out and return it to her no later than
January 31.
TREASURER’S REPORT
Treasurer Heldt commented briefly on a recent report of the Board’s financial position from
Multi Bank Securities.
Heldt informed the Board that he discovered a flaw in the administrative grant policy adopted by
the Board last year. The policy states that the Cable Board will disperse 75% of excess franchise
fee income over franchise fee expense. The idea was that retaining 25% of that fund would give
the Cable Board a working capital reserve. An analysis of the administrative grant distribution
for the year ended June 30, 2014 revealed that retaining 25% of annual excess income would
result in a larger reserve than required once a working capital reserve level was established.
Heldt will bring a proposal before the Board for its consideration at next month’s meeting to
modify the administrative grant policy. Language should state that, within the limitations of
prudence, the Cable Board is prepared to return to the communities at least 90% of any excess
franchise income over franchise expense.
EXECUTIVE DIRECTOR’S REPORT
Executive Director White stated that the Administrative Grants have been calculated for FY
2013-14.
Motion by Heldt, second by Ettenson, that the Birmingham Area Cable Board authorize
the Executive Director to issue payment in these amounts to the four communities, which
funds constitute a return of franchise fees as of June 30, 2014.
Birmingham $111,600.00
Beverly Hills $45,000.00
Franklin $18,000.00
Bingham Farms $5,400.00
BIRMINGHAM AREA CABLE BOARD MEETING MINUTES – JANUARY 21, 2015 – PAGE 4
Roll Call Vote:
Motion passed (7 – 0).
CLOSED SESSION FOR AN ATTORNEY/CLIENT PRIVILEGED COMMUNICATION
PURSUANT TO SECTION 8(h) OF THE OPEN MEETINGS ACT
Motion by Heldt, second by Ettenson, to enter into closed session at 8:16 a.m. to receive
attorney/client privileged communication.
Roll Call Vote:
Motion passed (7 – 0).
Heldt left the meeting at 8:20 a.m.
The Board returned to open session at 8:22 a.m.
The meeting was adjourned at 8:22 a.m. without completing the agenda items due to the loss of a
quorum.
It was noted that the remaining items in the Executive Director’s report that were not covered in
the meeting as well as the BAPA/BAMA report are available for public review on the BACB
website under the link “Meeting Schedules/Agenda”. No one was present at this meeting
representing the cable providers.