City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JANUARY 3, 2012 IN CITY HALL Mayor Richard J. Notte called the meeting to order at 7:30 p.m. Mayor Notte led the Pledge of Allegiance to the Flag and Walter C. Blessed, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Richard J. Notte, Joseph V. Romano, Maria G. Schmidt, Paul Smith, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Walter C. Blessed, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. Mayor Notte recognized Troy Mayor Janice Daniels in the audience. REPORT FROM CITY MANAGER Mr. Vanderpool reported on upcoming training sessions to be held on January 24, 2012 and January 30, 2012 through April 9, 2012 at Velocity in the Innovation Center located inside the building. Mr. Vanderpool announced the Macomb-OU INCubator (a Velocity partner) has been awarded a $500,000 grant through Ann Arbor SPARK from the Michigan Economic Development Corporation. Mr. Vanderpool highlighted the City’s Christmas tree recycling program, which extends through January 9, 2012. He stated this program allows the City to save valuable landfill space by turning the trees into wood chips and returning them to the earth in an environmentally friendly manner. Last holiday season, the Christmas trees collected through this program resulted in 3,080 chipped trees and they hope to exceed that amount this year. CONSENT AGENDA 1. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: Regular City Council Meeting Tuesday, January 3, 2012 Page 2 A. To approve the minutes of the Special Meeting of December 12, 2011 and Regular Meeting of December 20, 2011, as presented. B. To approve payment of the bills as presented: General Fund - $347,543.05, Water & Sewer Fund - $1,163,431.17, Other Funds - $831,575.80, Total Checks - $2,342,550.02. C. RESOLVED, to split the award of the bid for janitorial supplies between the following vendors based on the unit prices bid: • Section 1 – Trash Can Liners – to Interboro Packaging Corp., 114 Bracken Road, Montgomery, NY 12549; • Section 11 – Cleaning Products & Supplies – to Lobaido Cleaning Supply, 49136 Maplewood Lane, Macomb, MI 48044; • Section III – Fire Department Supplies – to Supply Den, 1837 Enterprise Drive, Rochester Hills, MI 48309; • Section IV – Paper Products & Rags – to HP Products, 4220 Saguaro Trail, Indianapolis, IN 46268 D. RESOLVED, to reject the bids received and authorize the Purchasing Manager to proceed with a re-bid for hauling and disposal of street sweepings. E. RESOLVED, to receive the lawsuit, Smedstad vs. City of Sterling Heights; Macomb County Circuit Court Case No. 11-5274-NO. F. RESOLVED, to receive the lawsuit, Michigan Association of Police vs. City of Sterling Heights; Macomb County Circuit Court Case No. 11-5404-CL. Yes: All. The motion carried. CONSIDERATION 2. Director of Government Affairs for DTE Energy Mike Chriss introduced Mr. Bob Sitkauskas, Manager of Advanced Metering Infrastructure for DTE Energy and Cindy Norland, Director of Renewable Energy. Mr. Bob Sitkauskas assured the City they have no plans to install any smart meters in Macomb County or the City of Sterling Heights until 2016. Their communication plan was not going to come before the City Council until much later, but they are doing it now by request. The Council was presented with a packet of information Regular City Council Meeting Tuesday, January 3, 2012 Page 3 and shown an actual smart meter. A video was presented of the Smart Currents Technology Program. Mayor Notte opened the discussion to the audience and the following persons spoke: Ms. Linda Godfrey expressed concerns with security, health risks and costs. She wanted a guarantee that the smart meters would not be installed on their homes. Mrs. Jennifer Abed questioned whether the smart meters are read in real time, what the on and off-peak times would be and the rates for the on and off-peak times. She questioned whether she would be punished in any way if she refused to have the smart meter installed on her home. Mr. Anthony Abed questioned how they would test the radio frequency in homes and if there was a cost involved. He was concerned about the number of jobs that would be lost after the smart meters are installed. Mr. Dan Medwick spoke against smart meters because of the health issues, long-term radio frequency exposure and security concerns. Mr. Medwick stated smart meters are a benefit to DTE and not a benefit to the citizens of Sterling Heights. Mrs. Annette Byrd questioned the smart grids and tiers. She questioned the benefit to the residents. Mrs. Byrd was also concerned about privacy issues and health risks. She urged City Council to do something like other cities to halt these smart meters in our city. Mr. Leo Gilhoule was concerned with the constant radiation from the smart meters since they never go off and with security. Ms. Genevieve Nolan is against smart meters. She stated it is important that people have a choice and DTE should provide an opt out program. Mr. Joseph Shawnee is happy with his present meter and inquired whether he would be forced to change to the smart meter. He questioned his rights to refuse it. Mr. David Wilson stated his wife has had cancer twice and they do not want a smart meter. Regular City Council Meeting Tuesday, January 3, 2012 Page 4 Ms. Carrie Wiegand discussed the effects of long-term exposure to radiation. She is also concerned with security and privacy. Ms. Wiegand stated there is no advantage to having smart meters and she wants the City Council to ask for a moratorium on this issue until more research could be done. Ms. Connie Coddle is not in favor of smart meters. She stated she has not heard anything about the safety of pets or animals exposed to the smart meters. Ms. Coddle suggested the existing meters be read every two or three months if the company is really interested in saving money by the meter readers coming monthly. Mr. Dennis Hoyer is against smart meters. He is a retired pharmacist and he knows the health concerns with these meters. Mr. Hoyer stated the presentation by DTE is full of misrepresentation and lies and blames the company. He asks the City Council, especially Councilman Taylor, to look into this issue more closely. He stated he sent a certified letter to DTE and read portions of that letter, which he said residents could obtain and send to DTE also. The letter is a notice of no consent to trespassing and surveillance. Mr. Terry Zenke inquired whether they had to wait fifteen to twenty years for DTE to tell the truth to the people about these smart meters. Mr. Geoff Gariepy stated the opposition is centered on health hazards that people fear as well as privacy and security issues. He stated it is important to understand a little bit about the science and technology being presented. Mr. Gariepy stated these are microwaves, not x-rays. They cannot penetrate your body. He stated a group of people (called the California Council on Science & Technology) were chartered by the government of the state of California and released a fifty-page report in April of 2011 regarding smart meters. They came to two conclusions: The FCC standard establishes safe levels of RF emissions from smart meters and other electronic devices and exposure levels are well below the threshold for such effects. The other conclusion is that there is no evidence that additional studies are needed to protect the Regular City Council Meeting Tuesday, January 3, 2012 Page 5 public from smart meters. Mr. Gariepy hopes the City Council would not authorize another study. Ms. Karen Springer of Warren thanks the people from Shelby Township for addressing this problem. She believes her constitutional rights (the fourth amendment) are being violated. Ms. Springer believes there is no history to prove the meters are safe. She inquired whether she would be given a consent form to sign, giving DTE permission to install the smart meter on her home. Mr. Joseph Hunt from the City of Warren believes DTE is installing smart meters there in 2013. He would like to see more information on the frequencies and health studies. Mrs. Sharon Schmidt of Clinton Township questioned how the new technology is being used and if it really benefits the human being. Mrs. Schmidt believes this is all about the money and there are a lot of unanswered questions. She wants to see more research done on this issue. Mr. Larry Day expressed concern for his health. Mr. George Renshaw prays this Council will look into everything this is necessary to keep the residents safe. He stated he has talked to people that have the smart meters and they report their bills have almost doubled. Dr. Daniel Gruber is a chiropractor in Clinton Township and his concern has been with health of his patients. He believes people deserve the right to opt out. He questioned radio frequency interference and excessive bills. He urges the City Council to at least research the issue and make an informed decision. Mr. George Parker stated he received information from a state representative in Lansing and several of the documents stated smart meters only function with smart appliances. He also addressed the fact that people in Santa Cruz, CA have reported their bills have tripled or even quadrupled with the new smart meters. Mr. Parker believes sooner or later we may have to have the smart meters, but people should be given a choice. Regular City Council Meeting Tuesday, January 3, 2012 Page 6 Mr. Harry Marchlones had a big problem with what was presented this evening by DTE and stated it was very informative as far as what they wanted to present. He stated there is a great deal of information missing and he wants to know the cost and possible health hazards. He stated he is against smart meters and hopes the Council would actually create a moratorium against them. Mrs. Pauline Holeton stated there is no mandate that requires people to have the smart meters and they don’t have to agree to them. She expressed concern with health, safety and privacy issues. Mr. James McDaniel stated DTE is not telling people they have a right to refuse these meters. He addressed the grid and inquired the amount of wattage needed to service 50,000 homes. He stated the fourth amendment gives people the right to privacy. Mr. Steve Lindsey of Shelby Township stated he doesn’t want a smart meter. He thanked the City Council for their time in researching this matter. He stated DTE has not advertised the smart meters and we don’t know enough about them. Mrs. Beverly Morocco stated the health reasons are very important and children would be subjected to these dangerous magnetic waves. She questioned why DTE would not allow people to opt out. Mr. John Holeton of 2392 Barclay Avenue, Shelby Township expressed concern with radiation to people from other people’s smart meters. He stated the Council needs to pass a moratorium to stop the smart meters and hold DTE accountable. Mr. Sitkauskas addressed some of the concerns of the public and asked the Council to review the data he presented on the radio frequencies for the smart meters. Mr. Sitkauskas stated he is being as open and honest as possible. Mayor Notte inquired of Mr. Sitkauskas whether DTE could give a written response to the resident’s questions to the City so the City could pass the information on to the community. Regular City Council Meeting Tuesday, January 3, 2012 Page 7 Mr. Sitkauskas responded they could provide that. Mayor Notte opened the discussion to the City Council. Councilman Taylor asked Mr. Sitkauskas to address the initial installation cost to install the smart meters and who will pay for them. Mr. Sitkauskas responded all of the installation costs and costs of the meters would be done by normal rate charges. There would be no surcharges. Councilman Taylor asked Mr. Sitkauskas to address whether he would have to pay more if he was not forced to buy smart appliances and whether residents would have to get up in the middle of the night to use their appliances in order to save money. Mr. Sitkauskas responded they are not forcing people on any sort of time rate. They are trying to help the customers find the most efficient way to use their products. He discussed the variation of rates. Councilman Taylor asked Mr. Sitkauskas to address double or triple bills once the smart meters are installed. Mr. Sitkauskas responded they have had very few complaints. Councilman Taylor questioned how often the meters would be emitting RF’s. Mr. Sitkauskas directed Council to information in their packet (item10) for I-Tron data. Councilman Taylor questioned whether the electromagnetic field is higher when it is transmitting and lower when it is not transmitting. Mr. Sitkauskas responded it is a little bit high duty cycle. Councilman Taylor questioned whether DTE, in the history of the company, has sold information regarding any of its customers to any third parties. Mr. Sitkauskas responded he is totally unaware of any. Councilman Taylor questioned whether DTE has been approached to share or sell information. Mr. Sitkauskas responded yes cities and Google have approached them and they have refused to sell the information. Councilman Taylor questioned the type of information a hacker could obtain from the smart meters. Regular City Council Meeting Tuesday, January 3, 2012 Page 8 Mr. Sitkauskas responded the data is encrypted, but a person might see total usage for that home. Councilman Taylor stated he would not ask Mr. Sitkauskas about any health concerns because he is not a medical person or scientist. Councilman Taylor questioned why DTE doesn’t offer an opt out provision. Mr. Sitkauskas responded he would take that question to upper management. Councilman Taylor stated in regard to the motion on the floor, there is a motion to ban smart meters. He questioned the impact to DTE if the Council passes a moratorium on smart meters. He inquired whether they would go through with the installation in 2016. Mr. Sitkauskas responded he couldn’t predict what would happen in the future. If the Council passed a resolution, it would be addressed by their organization. Councilman Taylor stated there are three main reasons to ban and not allow the installation of smart meters: health, privacy and cost. These meters emit RF’s that may or may not be harmful to humans. They might cause cancer or health consequences to people. Councilman Taylor has never seen a report from a medical professional or scientist that says RF’s at a level transmitted by smart meter devices are known to cause health problems in humans. He is more than willing to continue studying this issue during the period of time when there are no smart meters being installed. Councilman Taylor wants to see some medical or scientific evidence that these meters are causing health problems. In the meantime, he will keep an open mind on this issue. Councilwoman Koski questioned the risk to people with pacemakers. Mr. Sitkauskas responded there is a letter in the packet that addresses that concern and there is information on both sides. Councilwoman Koski asked Mr. Sitkauskas to take that to his supervisors as well. She addressed the turn on and turn off option and stated that would be very convenient with the sale of a home. She inquired whether there was any other reason, other than nonpayment, that DTE would turn off the service. Mr. Sitkauskas responded no. Regular City Council Meeting Tuesday, January 3, 2012 Page 9 Councilwoman Schmidt questioned testing and whether residents could request a test if they had a smart meter. Mr. Sitkauskas responded there would be no cost for testing. Councilwoman Schmidt questioned how a person could request a test. Mr. Sitkauskas responded they would have to send a letter to DTE. Councilwoman Schmidt questioned the difference between RF frequencies on her interruptible air-conditioning service. Mr. Sitkauskas responded that is a one-way communication. They would send a message to that particular meter and say not to turn on that one meter. Councilwoman Schmidt questioned why Mrs. Holeton was allowed to remove her smart meter. Mr. Sitkauskas responded it was a digital meter, not a smart meter. Councilwoman Schmidt wants to see an opt in or opt out for all residents. She stated the Council needs more information on the medical aspects and has four years to collect it. Councilwoman Schmidt questioned commercial water meters that are remotely read and whether they would be in violation of the proposed resolution. Mr. Bahorski stated the motion on the floor does not limit itself to residential so it might be a possibility. Councilwoman Schmidt stated she could not support the motion on the floor and she was satisfied with the resolution that Administration previously provided. Councilman Smith hopes this issue could be brought to a conclusion this evening. He stated the smart meters should not be installed in people’s homes against their will. This is a new and unique technology and he questioned why these meters are being manufactured and installed if there is not something in it for the company. He questioned why the installation of smart meters is being delayed until 2016. Mr. Sitkauskas responded capital funding. Councilman Smith asked Mr. Sitkauskas to put in writing that the installation of the smart meters would not occur until 2016 in Sterling Heights. Regular City Council Meeting Tuesday, January 3, 2012 Page 10 Mr. Sitkauskas responded the document they provided does not include Macomb County until that time. He can offer the City their communication plan and as they get near, he will come back and readdress the issue. Councilman Smith stated the City needs an ordinance to defend us from any installation of the meters. Mr. Chriss questioned the time frame for the Council to pass a resolution or any formal action and what the adequate notice would be. Councilman Smith responded the Council introduces the ordinance at one meeting and adopts it at the next meeting. Mr. Chriss stated they could give the City a letter that states the City would have one-year notice before any meter goes into Sterling Heights. Mayor Notte questioned whether DTE could provide their response for the next City Council meeting and Mr. Sitkauskas responded yes. Councilwoman Ziarko questioned whether the meters would go on the outside of the house and in the same place as the existing meter and Mr. Sitkauskas responded it would. Councilwoman Ziarko questioned the purpose of her existing meter and the purpose of the smart meter. Mr. Sitkauskas responded it would measure electricity and have other options. Councilwoman Ziarko questioned whether someone could borrow her electricity. Mr. Sitkauskas does not believe so. He stated theft is a major issue for them. Councilwoman Ziarko stated she is in favor of the opt out and wants to see a sample of a bill from someone in Grosse Ile. Mr. Sitkauskas stated it is the same bill. Councilwoman Ziarko authorized someone from the City to be in communication with the management in Harsens Island and Grosse Ile to give the City Council feedback on the smart meters in their community. Councilman Romano thanked the representatives from DTE for coming to the meeting. He stated it is hard to refute the information that has been presented tonight from the audience and he is not a medical person either. He stated it would only be Regular City Council Meeting Tuesday, January 3, 2012 Page 11 fair to allow DTE to go back and respond to some of the questions. He doesn’t want the City Council to take a vote this evening. Councilman Romano stated if DTE comes back and says there is no opt out program, he will vote to ban the smart meters. People deserve a choice. Mayor Notte stated there was a great deal of discussion this evening. He thanked DTE for their presentation and looks forward to their response. Mayor Notte believes the motion on the floor is premature and wants to see Councilman Smith take it off the floor to allow for further research from the medical association. Councilman Taylor withdrew his support for the motion on the floor and hoped to make an alternate motion. Councilman Smith moved to postpone his motion for two months pending written documentation from DTE as to their timetable for smart meters in Sterling Heights. His motion lost for lack of support. Roll call on the motion from November 15, 2011: Moved by Smith, seconded by Taylor, RESOLVED, utility meters in Sterling Heights, the following applies to all devices that measure the usage of water or energy delivered to customers in Sterling Heights via pipe or wire: Meters shall measure only total consumption and shall collect no other data. Meters shall display their measurements by mechanical dials visible to the customer. Meters shall not transmit readings or other data off the customer’s premises. There shall be no device that can shut off, turn on, throttle, or limit the flow to individual customers from a remote location. Dedicated air conditioning services installed at the customers request may operate on an area control basis that does not target individual customers. Utilities are government licensed monopolies and are therefore subject to a higher degree of regulation by the people. Yes: Smith. No: Taylor, Notte, Romano, Schmidt, Ziarko, Koski. The motion FAILED. Moved by Taylor, seconded by Romano, RESOLVED, to institute a moratorium on the installation of residential smart meters which shall include all meters installed by Regular City Council Meeting Tuesday, January 3, 2012 Page 12 DTE as part of its advanced metering infrastructure program in the City of Sterling Heights until such time as an option to refuse installation of such meter is given to all residents with or without cause for any reason whatsoever. Councilman Taylor stated his biggest concern is the inability to opt out. If residents can opt out, we can allow for the installation. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Ms. Mary Szostak, Emergency Dispatcher for the City of Sterling Heights – Consolidated dispatch center. Thomas - Consolidated dispatch center. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski or Mr. Vanderpool at this time. Councilman Smith addressed the dispatchers and stated a meeting is scheduled for next week and he is trying to do his homework on this issue. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:55 p.m. WALTER C. BLESSED, City Clerk