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Brady Battle – Sheila Hemphill / 325-226-3683

Current:  At 7:30 AM on Monday, 12/10/12, Plaintiff’s Sheila Hemphill and Charlotte Harper are requesting a Temporary Restraining Order TRO with 198th District Judge, Rex Emerson in Kerrville to prevent the City of Brady from installing Smart Meters or filing with the FCC for their frequency license.

Please check back as all documentation and recordings of Council Meetings and interviews with expert witness Curtis Bennett with Thermographix Consulting Corporation will be forth coming.  Here is a very information video from Curtis Bennett -

http://www.youtube.com/watch?v=QbgWu_EkEwE

Latest:

December 11, 2012 – Special Session Agenda – the meeting was an Action Item request by Hemphill submitted to Council members Weatherman and Davis on 11/15/12 to have a special meeting dedicated to the Smart Meter issue due to the complex issues and to give the public the opportunity to be presented with the benefits of the Smart Meter technology and disclose the recognized health and safety concerns.   The following was an additional request as an action item on the 11/19/12 Agenda.

  1. Consider and commit that the City of Brady will not purchase nor commit to purchase any Advanced Meter Infrastructure aka Smart Meter Technology until adequate due diligence on the health and safety issues are acknowledged and determine the extent of the City of Brady’s  liability for resident’s health issues resulting from Smart Meter exposure can be established.

This request #1 was not on the 11/19/12 agenda because on a 12/04/12 press release from the City, it was revealed that the meters had already been ordered.  This was the first mention to the public that the meters had been ordered after 2 council meetings where the topic discussed.  At the conculsion of the 11/19/12 meeting, Council member Linda Lott, asked for clarification of the status of the purchase where she specifically inquired that the City had only secured the money and that the equipment had not been purchase to which Mayor Lohn confirmed with “That’s correct”.   On 12/04/12, Hemphill went to City Manager Brown to inquire about the status of purchase and he gave her a purchase order dated 10/17/12, with delivery date of 11/07/13 that was confirmed on 11/06/12, the day after Hemphill was given 10 minutes to speak from the Mayor and later granted another 10 minutes by the Council during the 11/05/12 City Council meeting.  Hemphill submitted the 11/05/12 Agenda Action Form but her request to be an action item on the agenda was denied and she was placed under Citizen Comments on the 11/05/12 Agenda to be followed by 2 Sales Reps for Sensus.  Hemphill also supplied the following links and resources that was emailed to the council as well.  11/05/12 Hemphill Smart Meter supporting documentation

December 6, 2012 – From the very beginning of the Public Hearing, the Mayor attested that each alleged non-compliance complaint in the Petition Letter was deemed as subjective and was prohibited from being discussed.  City officials felt this meeting warranted 5 uniformed police officers on overtime plus the Police Chief Charlie Derrick and Investigator Matt Andrews.  Hemphill/Harper attorney, Lara Silva left a courtesy voice mail to City Attorney Susan Horton.  A minutes before the hearing, Plaintiff’s Attorney Silva received a phone call from City Attorney’s Firm were on the line, Silva was able to make out 3 or 4 in additional attorneys to Susan Horton regarding a 14 day TRO for action that the City of Brady was not anticipating taking until after the first of the year anyway.  On Friday, when Silva had call with City Attorney, it was inquired that if they just went ahead and signed the TRO

On November 15 at 11:20, Hemphill had a personal meeting with Council members Davis and Weatherman to request a special meeting to be scheduled during the November 19th Council Meeting with intent of the meeting to present the benefits and concerns regarding the Smart Meter project.  Once again, the Mayor and I presume the Council continue to suppress health and safety disclosure to the public.  This December 11 meeting makes the 4th City Council meeting where Hemphill’s written requests were not included as an action item on the agenda.

Background:

10/15/12 - At a noon meeting 3 council members, Mary Bradshaw, Marilyn Gendusa, and Brendan Weather, the Mayor Gail Lohn and a few residents received a presentation from Sensus Manufacturer regarding Advanced Meter Infrastructure aka “Smart Meter” technology which indebted the City of Brady to $2.5 million over a ten year term of the loan which represents 10% of the annual budget for a population where 28.9% residents lives at or below poverty.  The very important decision was listed on the 10/15/12 Agenda as follows.  “A RESOLUTION REGARDING FOR THE PURPOSE OF PROCURING AN AUTOMATED METER READING SYSTEM”.  The Advanced Meter Infrastructure, aka Smart Meters, is very different technology than the Automated Meter Readers the agenda stated that the Council would be considering, residents had no clue that these meters would replace the electicity, water and gas meters on their homes as comments have been made by residents that they thought it was parking meters for the streets.  Per the Sensus website, Automated Meter Readers systems utilize hand held devices to gather electrical, water and gas meter usage similar to the technology the City of Brady currently utilizes.  The Flex Net system uses radio transmitter and receivers to remotely acquire utility usage data.

10/16/12 The following is a paraphrase of Sheila Hemphill’s recollection with her conversation with Mayor Gail Lohn in their mutual parking lot at work on 10/16/12.  Hemphill inquired of Mayor Lohn if she was aware of that the Lt. Governor of Texas had called for special hearings to study the potential health effects of Smart Meter exposure – to which the  Mayor did not believe there was scientific information to support that but that she would look at information given to her.  Also inquired of the Mayor was if she was aware of reports of the meters overheating and causes fires in the meter boxes and in some cases house fires.  She stated that they inquired of the Sensus Sales reps and they stated that only occurred if they were not installed correctly.  (Side note – upon listening to the 10/15/12 City Council meeting, there was an inquiry by the audience inquiring as to why PECO removed 190,000 of the Sensus meters.  The respresentatves stated that was stricly an installation issue and the council failed to receive caution and investigate the manufacturer and technology based upon removal of 190,000 meters.  When Mayor Lohn was asked if people could “Opt-Out” her response was “No, they want electricity don’t they”.  Mayor Lohn stated that the event was already done and there was not anything Hemphill could do about it to which Hemphill replied, “Oh yes I can, I can petition”.  Mayor Lohn commented that an election could not take place until May and Hemphill replied, “No problem”.

10/18/12, Hemphill email and written notice to City Manager Brown and Mayor Lohn the following:

Topic of Conversation:

  • Current hearings taking place at the Public Utility Commission in Austin
  • Health and safety issues regarding Smart Meters
  • Pending lawsuits regarding Smart Meter usage

10/18/12 Hemphill emailed notice of 190,000 Sensus meters being removed from the State of Pennsylvania to Mayor and City Manager.

10/29/12 – Mayor Lohn signs the Finance Agreement

The following is the documentation and efforts of Sheila Hemphill to be included during a City Council meeting as an Agenda Action Item such that open discussion regarding the health and safety issues can be presented and receive adequate time for discussion and allow for a question and answer session with the Council.  The 12/11/12 Special Session Meeting makes the 4th written attempt to be included as an action item on the City Agenda – all requests have been denied by Mayor Gail Lohn.

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12/06/12 We the People Public Hearing (Printable, Saveable PDF)

11/24/12 Petition Letter for Public Hearing

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