Her approval is required by state law before the petition can be circulated. It was drawn up by resident-activist Ron Fenn, who also spearheaded the petition that brought a $3-million new police station to a special election. The people voted it down, forcing the city to abandon the project.
Fenn wants to circulate a petition that will place a 10-year moratorium on smart meters, forcing it to special election if the required 20-percent of voters sign.
On Aug. 27, the City Commission awarded a “Request for Proposals” to Landis+ Gyr, later followed up with a contract for nearly $1-million to provide smart meters and other equipment for the city-owned electric utility. There are about 4,000 TorC electric-utility customers who will pay for the smart meters out of their bill-paying revenue.
The city did not allow public comment, did not give sufficient information to inform the public a $1-million purchase was in the offing, did not provide any cost analysis and passed the measure by mere motion. The City Commission is not required to have public hearings or pass measures by ordinance if the revenue for such projects comes from “enterprise funds,” which are the trash pick-up, transfer station, water, sewer and electric departments’ funds.
According to City Commissioner George Szigeti, the city will also purchase smart meters for the water and sewer utilities as bill-paying revenue to buy them accrues. Therefore Fenn’s moratorium, if it is passed by the people, will prevent these smart-meter purchases as well. City Manager Morris Madrid recently said all the utility rates will soon be reviewed. If Fenn’s measure passes, utility rates may not go up, since millions of dollars for smart meters will not be needed. Currently the trash pick-up and sewer services go up 5 percent a year automatically, with no sunset.
Several people have protested the smart meters purchase in the few sessions allowing public comment since the decision was made. Harmful radiation and cost were the most cited reasons for not wanting the smart meters, as well as far more critical infrastructure needs left unaddressed.
Cantin, by state law, is only to approve the “form” of the petition, not whether she personally approves the action. The proper form requires three things. First, the heading must “clearly convey the purpose for signing the petition.” Second, the signature portion of the petition must also have a place for the date, printed name and address of the signer. Third, a statement must attend each page of the petition warning it is a fourth-degree felony to sign if one is not a qualified elector, to give false information and to forge a signature.
Cantin exceeded her authority by critiquing the ordinance, not just the petition. The ordinance, not the summary of the ordinance in the heading of the petition, will be brought forward when and if the petition garners 20 percent or 160 signatures, the number determined by how many voted in the last election. In addition, the signatures must be verified as belonging to qualified electors.
In a denial letter to Fenn, Cantin claims the ordinance would be “unenforceable,” that it lacks an enacting clause, does not define terms, “impairs the obligation of the current executed contract” for smart meters, and limits future-commission action. Fenn responded it is a petition, not an ordinance, which seeks to impair the contract and all ordinances go beyond current commissioners’ terms.
Cantin also exceeded her authority by claiming the petition must tell signers that if it succeeds the commission will be forced to act and the measure would go to a special election. Fenn responded by citing state law that limits a city clerk’s authority to approval of a petition’s form, which does not require what Cantin asserts.
Fenn handed out Cantin’s denial letter, his response to her assertions and the petition to City Commissioners before the Wednesday, Oct. 23 meeting. He asked they respond to Cantin’s denial of his statutory right to circulate a petition by 5 p.m. that day. If there was no response, Fenn said he would take the issue up with his lawyer.
According to Fenn, Mayor Sandra Whitehead told him later in the day the Commission was going to wait for City Manager Morris Madrid to return.
The Sierra County Sun asked where Madrid has gone. He has been absent since Friday, Oct. 18 and will return Monday, Oct. 28. Whitehead said she didn’t know where Madrid was at the Wednesday meeting. City Commissioner Rolf Hechler said he thought he might be in Nashville for a conference.
The Sun also asked each Commissioner to comment on Cantin’s denial of the petition. Only Mayor Pro-Tem Kathy Clark responded. She said she “didn’t understand” the issues entailed in denying a petition. She has requested smart meters be placed on the agenda for the single meeting scheduled in November on the 13th at 9 a.m.
“I don’t think we thought this through,” Clark said. “I’m not happy with this.”