Corrected
CITY OF SOUTH LYON
REGULAR CITY COUNCIL
MEETING
AUGUST 27, 2007
Mayor Doyle called
the meeting to order at 7:30 p.m.
Mayor Doyle led
those present in the Pledge of Allegiance to the Flag
PRESENT:
Mayor Doyle
Council Members: Kivell,
Maida, Morelli, Rodman and Wedell
Attorney Lee
Assistant Clerk/Treasurer Lynch
Department Heads: Collins, Martin & Renwick
Absent: City Manager Cook,
Council Member Kopkowski, Clerk/Treasurer Zemke
APPROVAL OF MINUTES:
Council Member Maida
asked if it should read termination instead of terminal in the bills section.
Councilman Kivell stated terminal is correct.
Council Member Maida also asked if the word should be changed to trying
as opposed to vying on page 3.
Councilman Kivell stated that it is correct as is.
Councilman Kivell
noted that on page 7 it states he asked if the maintenance on the existing truck
would continue, but he actually meant to ask if we would continue to use the
truck. Mayor Doyle stated that
Julie writes what we say, not what we mean to say.
Motion by Maida, supported by Morelli
To approve the minutes of the regular meeting of August 13, 2007.
VOTE:
MOTION CARRIED UNANIMOUSLY
Motion by Wedell, supported by Maida
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
Maxine Jackson of 1162 Corral Lane stated she doesn’t have a suggestion, but she does have a complaint regarding a very high water bill. It was higher than it has ever been. She spoke with Phyllis regarding the different reasons her water usage could be so high, and what could be done about it. She was under the impression she did not need to continue to call Phyllis. She stated that she did call Phyllis again a couple of weeks later, but it was after the water bill was due and she was charged late fees. She stated she has never been late on a water bill before, and she received a shut off notice. She further stated she was very upset about that as well. She is very upset and is asking Council to understand the situation she was in. She does not want it on their record that a bill was paid late. She further stated she did pay the bill, but did not pay the late fee.
Mayor Doyle stated
we have a few things in place, we have shut off notices that go out each billing
period, sometimes it is a long list, sometimes a short one, but that is not a
bad mark towards you, in terms of the late fees, we do have a policy in place
for a penalty for late payments as well.
We have to have some kind of system in place because it would be a
nightmare to track who has paid what and when.
Council Member Maida
asked if we could work with her because she was trying to work it out.
The question was asked what the amount due is.
Department Head Martin stated the late fee is $44.00, it is 10% of the
total bill. Some discussion was held regarding her past water bills and the
amounts. Department Head Martin
further stated that we have been checking the readings on her water bill for 3
weeks now, and their usage goes up and down, but the meter system is very
accurate so he can not say why their usage changes so much without checking into
it further. He then stated there
might have been a mis-communication between Phyllis and Mrs. Jackson because
when she did speak with Phyllis, she was told the bill still needed to be paid
by the end of the month. He further
stated after the day the bills are due, our computers print either a reminder
notice or a shut off notice.
Councilman Rodman asked what the difference is between the amount due for this
same time last year and this year.
Mayor Doyle stated we run into issues every billing and we just cannot go case
by case. We cannot do one thing for one customer, and something else for
another.
Councilman Kivell
asked if it is a concern that it will be reported to a credit agency, because it
will not be. Attorney Lee stated
that unless a person is substantially late, it is not reported to any credit
agency. Mrs. Jackson asked if she
is still responsible for the late fees even though she has an explanation. Mayor
Doyle stated that she is.
Department Head
Martin stated he has told Mrs. Jackson she can carry the late fee over to the
next billing.
Councilman Kivell
asked if there is a chance it could be a water department problem.
Department Head
Martin stated, it is not a water department problem, but we have been watching
it. Mrs. Jackson stated she has
been checking everything they can think of.
Department Head Martin stated he would be happy to come out to her house
and check to see if they can find a problem.
Mrs. Jackson agreed to that.
Some discussion was held regarding the water billing system and the rate
increase at the beginning of the year.
Paula Geiman of 616
E Lake stated she is here regarding the consent judgment for T Mobile.
Mayor Doyle asked
that she wait to discuss this when we get to that item on the agenda.
Mrs. Geiman asked if she would have time to be heard.
Mayor Doyle stated that everyone interested will have a chance to speak.
OLD BUSINESS:
1.
Selection of
Delegate & Alternate for MML Annual Convention
Mayor Doyle stated
that we need to make a selection for a Delegate and Alternate for the MML
Convention. Council Member Maida
stated she was the delegate last year, and wouldn’t mind doing it again.
Motion by Morelli, supported by Rodman
To select Council Member Maida as the Delegate for the MML Convention.
VOTE:
MOTION CARRIED UNANIMOUSLY
Motion by Wedell, supported by Maida
To select Councilman Rodman Morelli for alternate for the MML
Convention
VOTE:
MOTION CARRIED UNANIMOUSLY
Councilman Wedell
stated he would like to delay item 2 until after the new business has been
handled. Mayor Doyle stated we
could move the T Mobile after number 3 in New Business.
Motion by Wedell, supported by Rodman
Motion to amend agenda to move Old Business item #2 under New business
#4.
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
1.
Request to waive
permit fee for American Legion Flag Pole
Robert Russell Jr,
Vice Commander of Post 338 at 125 Mchattie, tenant of the VFW stated it is their
intent to put up a 2nd flag pole on the side of the building.
It will handle our standard flag and our
POW Flag. On the west side
is the American Flag. They are
newly formed and they are strapped for cash.
Councilman Kivell stated this is a common occurrence and he doesn’t see a
problem with it. Councilman Morelli
stated that as long as all the standards are followed he does not have a problem
with it. Councilman Wedell stated
he has discussed this with the City Manager and they are only asking to waive
the $60.00, cost of the permit, nothing else.
Motion by Wedell, supported by Morelli
To waive the permit fee of $60.00 for the installation of a new flagpole
at 125 Mchattie.
VOTE:
MOTION CARRIED UNANIMOUSLY
2.
South Lyon High
School Homecoming Parade October 12th 4:00 p.m.-5:00p.m.
Chief Collins stated
he would be delighted to assist the High School with its annual Homecoming
Parade. There will be a small brief
closure on Pontiac Trail while the parade enters the subdivision.
Motion by Rodman, supported by Maida
To approve permit request for South Lyon Homecoming Parade on October 12th
VOTE:
MOTION CARRIED UANIMSOUSLY
3.
Gallop/Saddle Block
party 9-1-07 from Noon to 9:00 p.m.
Chief Collins stated
this is their first attempt at a block party and no disruption is expected with
the road closures. Therefore he
would request Council’s approval.
CM 8-7-07- TO
APPROVE GALLOP/SADDLE BLOCK PARTY 9/1/07 NOON-9:00 P.M.
Motion by Maida, supported by Morelli
To approve the road closure for the Gallop/Saddle block party on
September 1, 2007
from 12
noon until 9:00 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
4.
Consent Judgment
T-Mobile vs. City of South Lyon
Mayor Doyle stated
that we need a motion to adjourn the regular meeting to go into the Executive
Session and asked everyone outside of Council to please step out.
Motion by Morelli, supported by Wedell
To adjourn the
regular City Council meeting at 7:55 p.m. for the purpose of entering into
Executive Session to discuss pending litigation.
VOTE:
MOTION CARRIED UNANIMOUSLY
CM 8-9-07- TO
RECONVENE THE REGULAR CITY COUNCIL MEETING 08-27-07
Motion by Rodman, supported by Morelli
To reconvene the regular City Council meeting at 8:27 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Attorney Lee stated
in the Executive Session he has outlined in more detail to Council the consent
judgment. He stated it is extremely
unlikely the City would prevail if we tried this case.
He stated he is very familiar with these cases; he has defended such
cases in federal court for the Township of Orion and Holly.
It is his recommendation to Council that they should accept the Consent
Judgment. If we do not, and we go
forward and try this case, we could be liable for anywhere from $200,000 to
$500,000 for attorney fees and any losses they sustain as a result.
Given the fact that our own ordinance says we must balance the
requirements of the FCC, The Public Service Commission and the public versus the
impact on the residents. It is his
recommendation that Council accept the Consent Judgment with the modifications
they have requested before August 31st to avoid more costs.
Paula Geiman of 616
E Lake Street stated we have talked about the water tower and she is asking if
there has been any cost analysis done or any documentation showing this has been
fully investigated as an option.
Given the beautification issue, effects to the condo owners, and those that live
on Lake Street, it would benefit everyone having it on the water tower and
earning money from that. We keep
hearing it has been looked at and that it will not work, but has it been looked
at and is there documentation showing so.
Mayor Doyle stated it has been looked at, and it has been investigated,
the issue is not on the City’s side, it is on the side of T-Mobile. They will
not indemnify the City in case someone gets hurt.
There is simply no room on top of the tower.
Mrs. Geiman asked if we could put it under the water tower, or would it
be possible to bring the water tower up to OSHA standards to handle that.
Attorney Lee stated it could not go underneath because it isn’t large
enough to put the cables in and have a worker climb up.
Attorney Lee further stated the City told T-Mobile to do it anyway, and
indemnify us from any lawsuits or damage.
They said they could not because it would be gross negligence.
They are unwilling to take that risk, and we are unwillingly to take that
risk. They cannot put it under the
bowl and run the cable outside of it, because the tower is not high enough to
get the 90 ft height they need to get the signal.
That was something else that the City proposed.
Paula Geiman stated she feels it is very
unfortunate this has transpired the way it has.
The citizens and the community did not get proper notification.
There has been some sloppy work done by the City that she has seen by
going into City Hall and looking at documents, she thinks Council needs to very
carefully look at what happened and see if this can be prevented in the future.
Rich Zecchini of 516
E Lake Street stated he has done research on the matter of legal obligations and
things of that nature, and he finds that the cities do have the final decision
and they are not held responsible for legal fees for providers that want to take
them to court. Attorney Lee stated
he read the summaries provided, and they are from cases where cities prevailed.
Mr.Zucchini stated he has documents that show the City has the final say
and they do not have to pay legal fees. He does not believe it is a factual
statement that the City would have to pay legal fees if they lose the case.
Councilman Kivell
stated we are all disappointed by the way this has turned out, if for no other
reason than for the fact we cannot control what is in our own back yard.
Councilman Kivell further stated the FCC is force-feeding this to us.
Council Member Maida
stated this decision is based on what is best for the City and for all the
residents, not just a few.
Paula Geiman stated
the City would have had options if this was handled correctly from the
beginning. If the community would
have understood what was happening and notification was given, or if there had
been an article done by the South Lyon Herald outlining the tower and where it
was going to be. There have been
many missteps by the City. It seems
this was something the City tried to get by quietly.
There are condo owners who will be living less than 300 feet from this
tower. It is going to affect many
people. Councilman Kivell stated
that this is a regular occurrence in today’s world.
This will not be the sole installation that will end up being that close
to a residence.
Mayor Doyle stated
when there was a public hearing, no one showed up.
It was advertised in the paper, on the door at city hall, and by mail.
He further stated there are only 3 people here for this issue now.
This was a deal made between a private landowner and T-Mobile.
Where we are today, we have to look out for the whole City, not just
those that are here now.
Attorney Lee stated
he has been dealing with the issue of cell towers for 17 years, and he has been
working on this for one for a year and a 1/2.
This is the first one in the City that will not be on City property.
We have had a very strict policy to force providers to locate towers onto
City properties where we can control it.
We would rather it be on City property where we can control it and
receive revenue for it. You make accusations that if the City would not have
screwed up, it would not be going in.
That is not true. We
exhausted every possible way to have this put on City property.
We investigated building a new cell water tower, but that would
cost between 1.2 and 1.3 million dollars.
To suggest we did not do everything in our power to put his somewhere
else is wrong. We cannot refute
their answer that they need to have this cell tower in the City and not outside
of it.
Rich Zecchini stated
if the City is not responsible, who is holding T Mobile responsible for the
sloppy handling of the way they made application.
They were suppose to notify SHIPO and all of the numbers on their
documents are inaccurate and they are going to more than ½ the 300 ft variance
cut in half. Something is wrong,
they have been allowed to come in and take over our City and our decision making
process.
Attorney Lee stated
T-Mobile has been very forthcoming.
Every suggestion or proposal we have given them, they explored and tested and
gave us a reason why they could not be used.
If we could find fault with them we would fight them.
If they had lied to us, or misrepresented or if we found they had not
exhausted every suggestion we made,
I would say lets fight them.
According to our own Zoning Code 102:102, the only real argument we had from a
small number of residents is that it is ugly and it interferes with the skyline,
and that is not a defense. More
discussion was held regarding the cell tower.
Rich Zecchini stated
he is and always has been concerned about the radiation from the cell tower and
the affect it could have on his family and neighbors, as well as property
values. Attorney Lee stated the FCC
has determined that you cannot use health concerns as a reason to deny a cell
tower. He suggests if that is a
concern, people should email their congressman and bring the issue up with them,
we have to abide by the FCC.
Councilman Morelli
stated he would like Attorney Lee to add to the consent judgment that T-Mobile
must put some kind of acceptable covering over the trail to protect it from
falling ice.
He also said he
would like it to state that if the cell tower becomes not necessary due to new
technology that that they would take it down.
Attorney Lee stated he does not see a problem with adding that to the
consent judgment.
CM 8-10-07- ACCEPT
CONSENT JUDGMENT WITH CHANGES
Motion by Morelli,
supported by Rodman
To accept the
consent judgment with T-Mobile on condition that coverage is made for the trail
for falling ice, and if technology changes, and the tower is not needed, it
would be taken down
VOTE:
MOTION CARRIED UNANIMOUSLY
Council Member Maida
stated she is against the tower, but we have to go forth and do what is best for
the City and all of the residents.
Councilman Wedell
stated he is also against it, but it is a financial decision that must be made
to protect the taxpayers of the City from unknown thousands of dollars in fees.
He further stated he drove down there and looked at the site and it is
not going to be pretty but it is a financial decision that must be made.
Councilman Morelli
stated he does not feel anyone on any of the boards is happy about it.
The FCC has forced it.
Councilman Rodman
stated that he has been following it, and it is not an appropriate place for the
tower, unfortunately the technology T-Mobile is trying to establish is with
coverage in the City for local residents not for broadcasting to any other area.
5. Purchase of pick
up truck
Department Head
Martin stated he is seeking approval for a new pickup truck for the Water
Department. He secured 4 different
bids, and the low bid is currently Hines Park Ford at $25,640.13.
We are down to 2 vehicles to pull 3 standby generators.
This vehicle will be replacing the vehicle that was given to the city
mechanic and it has been outfitted for mobile generator service, and for use in
all the city departments. This will
be the 4th vehicle we have purchased from Hines Park.
Some discussion was held on the other uses of the truck.
Council Member Maida
thanked Department Head Martin for the great job he has done with gathering all
the information for the purchase of the trucks.
Motion by Kivell, supported by Wedell
To approve the
purchase of a 4x4 pick up truck for the Water Department from Hines Park for
$25,640.13.
VOTE:
MOTION CARRIED UNANIMOUSLY
COUNCIL COMMENTS:
Councilman Kivell
stated that on the City’s website, 9 out of 10 agendas or minutes were
inaccessible, and one of them was editable.
That is very concerning, and the City needs to do a better job with the
web site.
Councilman Rodman
asked about the signs that need to be replaced entering the City.
Department Head Renwick stated we should be able to get to the one at the
north side at 11 mile this week.
Council Member Maida
asked about the date for the meeting between the Parks and Recreation and
Council. Some discussion was held
on coming up with a date.
Councilman Morelli
stated that in the packets over the last few meetings there has been information
regarding Comcast and AT&T and now this packet has information about a
Millennium Digital rate hike. He
asked what is going on with that and if eventually we will have 3 choices.
Attorney Lee stated
Comcast sent us a franchise agreement too.
To preserve our rights, we are not formally answering the franchise
agreement because we cannot change or negotiate anything so there is nothing to
be gained by trying to change it because it is dictated by the Public Service
Commission. We are letting them come into effect at our current franchise rate.
Then if the issue comes and we have someone draping 5 or 6 wires down a
street and we say we have had enough, we can attack on constitutional grounds
and not be hindered by the fact that we approved these additional franchises.
That is the position the City is taking.
Councilman Morelli
stated across the street from where he works, is a residential neighborhood,
they put in a 2 ½ foot wide x 8foot high box and they probably have 300 wires
coming from the pole down to the box. What is to prevent this from happening in
the City?
Councilman Kivell
stated this was discussed 10 years ago when cable service was really poor in
town, and we kept getting railed about needing competition.
At that time we were discussing if we could make them put the wires
underground, and everyone at the time did not think it would be an issue because
we were such a small town. Now here we are with 2 vendors that are going to end
up draping the City with wire.
Councilman Morelli
asked if there is anything the City can do to fine people that do not follow the
process for building projects. It
seems some people just go and do whatever they want to without getting approval
and permits, then pay $200 and show up at the ZBA and walk along their way
without really being fined. He
suggested maybe ½ the value of the project.
Attorney Lee stated according to the law a City can only charge a fine up
to $500.00. Councilman Kivell
stated if it does not meet the standards, they can always be made to tear it
down. Many people do feel they are above the law. Attorney Lee again stated that
$500 is the most a city can fine someone according to State Law, but you can
always take them to circuit court and have it torn down.
More discussion was held regarding the City Code and what fines the City
currently imposes. Mayor Doyle
requested the Assistant Clerk to make a note for the topic of fees and fines for
violating our Building Bode to be put onto the next meeting agenda.
Mayor Doyle invited
everyone to come out to the Bridge Walk on Monday morning at 9:00 a.m. at
McHattie Park. It is our annual
Labor Day walk. This is a virtual bridge walk that replicates the bridge walk
that is conducted on the Mackinaw Bridge.
There are two routes; one is a 5-mile and the other is a 2-½ mile.
It is a lot of fun and sponsored by the Parks and Recreation.
Mayor Doyle
announced the railroad tracks at Pontiac Trail would unfortunately be closed
from September 10th to the 22nd of September.
It is an inconvenience, but it must be done.
Mayor Doyle stated
he just found out before the meeting that sadly his grandmother passed away
today. She lived in Florida, from
Michigan originally. When she came
up here to visit, she loved coming to our meetings.
Motion by Morelli, supported by Kivell
To adjourn meeting at 9:15 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_________________________
__________________________
John Doyle, Jr.
Lisa Lynch
Mayor
Assistant
Clerk/Treasurer