South Lyon council approves EZ Fiber Metro Act right-of-way permit; moves into closed session on bargaining

The South Lyon City Council on Aug. 11 voted to approve a Metro Act right-of-way permit allowing EZ Fiber Texas LLC to place underground fiberoptic cable across the city, then later recessed into a closed session for collective-bargaining strategy.

Council member Rebecca Hanson moved to approve the EZ Fiber right-of-way permit; Council member Kibble seconded the motion. City Manager Paul Zelnick presented the application and said the company’s route map requests permission to place approximately 244,000 linear feet of underground fiber and cable “throughout the city as indicated.” The Metro Act requires municipalities to approve applications that are complete, Zelnick said. City Attorney Kristen (last name not given) and Zelnick were present to answer questions.

Council members raised multiple concerns during discussion. Council member Bogart asked how EZ Fiber would work on private drives; the city attorney said contractors would need easements from private associations unless existing public-utility easements already exist. Council member Kurzweil questioned a contract clause on “overlashing,” and Zelnick and the attorney explained overlashing language can appear in standard agreements to allow connections where overhead lines transition to underground runs.

Several council members pressed details about oversight, restoration and timing. Kurzweil noted that the permit term in the agreement is 15 years with three subsequent five-year renewals and called that “a long time.” Zelnick and the city attorney clarified that the Metro Act establishes the permit term and that the permit includes a construction-start limit: if construction has not started and been completed within two years after the effective date, the city may issue a notice of termination. Kurzweil and Bogart also asked whether the city should require a performance bond or letter of credit; the draft permit states the city “may require” a bond, and some council members urged the city to make bonding mandatory.

Concerns about contractor conduct were raised. Council members described problems reported in neighboring Lyon Township and on Princeton where previous utility work left yards unrestored for long periods and equipment parked on sidewalks. Kurzweil asked whether EZ Fiber provides a local contact; Zelnick said the permit lists the statutorily required contacts (including an out-of-state contact) but that the city anticipates a local representative will be identified for field coordination.

After discussion the council voted on the motion to approve the EZ Fiber right-of-way permit. City Clerk (called by the roll) read the roll-call votes: Moser — Yes; Bogart — Yes; Hansen — Yes; Kibble (read as “Tibble” on the roll) — Yes; Kurtzweil — No; Delk (read as “Dill” on the roll) — Yes. The mayor announced the motion passes.

Later in the meeting Council member Kurzweil moved and Council member Hansen seconded a motion to recess into closed session "for a strategy negotiation session connected with the negotiation of a collective bargaining agreement in accordance with MCL 15.268(1)(c)." The clerk conducted a roll-call vote for that motion; the record shows affirmative votes by Kurzweil, Hansen, (name read as) Chibbel — Yes, Moser — Yes, Guild — Yes, Bogart — Yes and Kennedy — Yes. The council recessed into closed session.

Why it matters: approval of the Metro Act permit allows a new provider to build fiber infrastructure in public rights-of-way across South Lyon; council debate focused on restoration, contractor oversight and the long permit term. The closed session vote means bargaining strategy will be discussed out of public view and any resulting decisions will be placed on the public record when the council returns to open session.

Votes at a glance

• EZ Fiber Metro Act right-of-way permit — Motion to approve made by Council member Rebecca Hanson; second by Council member Kibble. Roll-call votes (as read): Moser — Yes; Bogart — Yes; Hansen — Yes; Kibble (read as “Tibble”) — Yes; Kurtzweil — No; Delk (read as “Dill”) — Yes. Outcome: approved.

• Motion to recess to closed session for collective-bargaining strategy — Moved by Council member Kurzweil; second by Council member Hansen. Roll-call votes (as read): Kurzweil — Yes; Hansen — Yes; (name read as) Chibbel — Yes; Moser — Yes; Guild — Yes; Bogart — Yes; Kennedy — Yes. Outcome: approved; council recessed into closed session.

Provenance: City Manager Paul Zelnick introduced the permit and summarized the application; council discussion questioning overlashing, easements, bonding and restoration appears throughout the public record; the clerk recorded roll-call votes for the EZ Fiber motion and later for the closed-session motion.