HomeMy WebLinkAboutBoard Water & Light January 23, 2024
Approved by the Board of Commissioners 03-26-24
MINUTES OF THE BOARD OF COMMISSIONERS MEETING
LANSING BOARD OF WATER AND LIGHT
_________________________________
January 23, 2024
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The Board of Commissioners met at the Lansing Board of Water and Light (BWL) Headquarters-
REO Town Depot located at 1201 S. Washington Ave., Lansing, MI, at 5:30 p.m. on Tuesday,
January 23, 2024.
Chairperson Semone James called the meeting to order at 5:30 p.m.
Corporate Secretary, LaVella Todd, called the roll.
Present: Commissioners Beth Graham, Semone James, DeShon Leek, Tony Mullen, David Price,
Dale Schrader, Tracy Thomas, and Sandra Zerkle. Non-Voting Commissioners present:
Commissioners Brian Pillar (Meridian Township), and Robert Worthy (Delta Township)
Absent: Commissioner J. R. Beauboeuf (East Lansing)
Corporate Secretary Todd declared a quorum.
Commissioner Tracy Thomas led the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner David Price, Seconded by Commissioner Sandra Zerkle, to approve the
Special Board Meeting Minutes of October 19, 2023.
Action: Motion Carried.
Motion by Commissioner James, Seconded by Commissioner David Price, to correct in the
minutes, the starting time of the November 14, 2023 Regular Board Meeting to 5:30 p.m.
Motion by Commissioner Tony Mullen, Seconded by Commissioner Beth Graham, to approve the
Board Meeting Minutes of November 14, 2023.
Action: Motion Carried.
PUBLIC COMMENTS ON AGENDA ITEMS
There were no public comments.
COMMUNICATIONS
Electronic mail received from Carla Hayward regarding instructions, dividends proceeds and
BWL bill scrutiny - Referred to Management. Received and Placed on File.
COMMITTEE REPORTS
Chairperson Semone James presented the Executive Committee Report:
EXECUTIVE COMMITTEE
Meeting Minutes
November 16, 2023
The Executive Committee of the Lansing Board of Water and Light (BWL) met at the BWL
Headquarters-REO Town Depot located at 1201 S. Washington Ave., Lansing, MI, on Thursday,
November 16, 2023.
Executive Committee Chairperson Semone James called the November 16, 2023 Executive
Committee meeting to order at 5:30 p.m. and asked the Corporate Secretary LaVella Todd to call
the roll.
Present: Commissioners Semone James, DeShon Leek, David Price and Sandra Zerkle; also
present: Internal Auditor, Elisha Franco; HR Executive Director, Michael Flowers and General
Counsel, Mark Matus.
Absent: None
The Corporate Secretary declared a quorum.
Public Comments
None.
Approval of Minutes
Motion by Commissioner Sandra Zerkle, Seconded by Commissioner DeShon Leek, to approve
the Executive Committee meeting minutes of March 3, 2022.
Action: Motion Carried.
Review of 360 Board Evaluation
The Executive Committee briefly discussed the 360 Board Self-Evaluation Questionnaire emailed
by the Corporate Secretary to the full Board on November 9, 2023 and the Board Self-Evaluation
Questionnaire: A Tool for Improving Governance Practice for Voluntary and Community
Organizations emailed by the Corporate Secretary to the full Board on November 6, 2023 which
HR Executive Director, Michael Flowers confirmed had been formatted to Survey Monkey in 2014
or 2015 or prior. The Each Executive Committee member shared comments and concerns
regarding both documents.
Commissioner Price suggested the Executive Committee consider using the survey contained in
the American Public Power Association (APPA) Governing for Excellence Book and followed on to
read aloud several sections of the online survey to the Committee members. Commissioner
Zerkle stated she had several issues with the 360 Self-Evaluation Questionnaire. Commissioner
Price stated one of the reasons we do these surveys is to evaluate ourselves and the fact that its
APPA gives it instant credibility. Commissioner Leek stated the APPA is the gold-standard and no
one should have issues with it. Commissioner Price asked how we could get access to the survey.
Commissioner James shared her approval to move forward with utilizing the APPA Governing for
Excellence Book’s Board Self-Evaluation Survey.
General Counsel, Mark Matus shared he thought the Governing for Excellence Book Board Self-
Evaluation Survey had been purchased for the Board of Commissioners by the former Corporate
Secretary and suggested purchasing the latest version of the Book Board Self-Evaluation Survey
to share with the full Board. Mr. Matus shared concern for following the Open Meetings Act and
encouraged the Executive Committee to follow through with presenting its decision to move
forward with the APPA Governing for Excellence Book Board Self-Evaluation Survey to the
Committee of the Whole in January. Chairperson James recalled she had a copy of the Governing
for Excellence Book and Board Self-Evaluation Survey in her possession and requested the
Corporate Secretary purchase the latest version of the Governing for Excellence Book and Board
Self-Evaluation Survey for to distribute the full Board.
Motion by Commissioner David Price, Seconded by Commissioner Semone James, to adopt the
APPA Governing for Excellence Book and Board Self-Evaluation Survey and forward the APPA
Governing for Excellence Book and Board Self-Evaluation Survey to the Committee of the Whole.
Action: Motion Carried.
HR Executive Director, Michael Flowers requested clarification on the next steps in the process
now that the tool has been selected: how the survey will be distributed and administered, and
how will the data be collected and shared. The Corporate Secretary was asked her opinion on
how the next steps should be administered. Corporate Secretary Todd responded the
responsibility of administering the Board Self-Evaluation Survey should go back to the HR
Department like it has in the past due to the HR Department’s experience in processing the Board
Self-Evaluations as the information provided is confidential and the Survey Monkey will capture
and tabulate the response data. Chairperson James requested a motion regarding the next steps
as shared by the Corporate Secretary.
Motion by Commissioner Semone James, Seconded by Commissioner DeShon Leek to direct the
Corporate Secretary to order the latest version of the APPA Governing for Excellence Book and
Board Self-Evaluation Survey, distribute the APPA Governing for Excellence Book and a PDF copy
of the APPA Governing for Excellence Board Self-Evaluation Survey to the full Board and HR
Executive Director, Michael Flowers in preparation for presentation at the January 2024
Committee of the Whole meeting, and then to have the APPA Governing for Excellence Board
Self-Evaluation Survey uploaded into Survey Monkey format and administered to the full Board
by HR Ex. Dire Michael Flowers, thereafter.
Action: Motion Carried.
Other
There was no other business.
Excused Absence
None.
Adjourn
Chairperson James adjourned the meeting adjourned at 6:01 p.m.
Respectfully submitted,
Semone James, Chairperson
Executive Committee
Vice-Chairperson David Price presented the Committee of the Whole Report:
COMMITTEE OF THE WHOLE
Meeting Minutes
January 16, 2024
The Committee of the Whole of the Lansing Board of Water and Light (BWL) met at the BWL
Headquarters-REO Town Depot located at 1201 S. Washington Ave., Lansing, MI, on Tuesday,
January 16, 2024.
Committee of the Whole Chairperson David Price called the meeting to order at 5:30 p.m. and
asked the Corporate Secretary to call the roll.
Present: Commissioners Semone James, DeShon Leek, Tony Mullen, David Price, Dale Schrader,
Tracy Thomas, and Sandra Zerkle; and Non-Voting Members J. R. Beauboeuf (East Lansing), Brian
Pillar (Meridian Township), and Robert Worthy (Delta Township)
Absent: Commissioner Beth Graham
The Corporate Secretary declared a quorum.
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Semone James, Seconded by Commissioner Tracy Thomas, to approve
the Committee of the Whole Meeting minutes of November 7, 2023.
Action: Motion carried. The minutes were approved.
Board Self-Evaluation Survey
Commissioner Semone James led the discussion on the governing Board self-evaluation survey
that was brought forward from the November 16, 2023 Executive Committee Meeting.
Chairperson Price commented that Human Resources Executive Director Michael Flowers would
collect the data for the survey and provide it to the Commissioners. Commissioners will be sent
the survey electronically within the next week and will have ten days to respond.
Motion by Commissioner Semone James, Seconded by Commissioner Tracy Thomas, to complete
the Board self-evaluation survey sent electronically by Mr. Flowers and return it to Mr. Flowers
within ten days of receipt upon which the data will be compiled and provided at the March 2024
Committee of the Whole Meeting for discussion.
Action: Motion Carried.
Board of Commissioners’ Roles & Responsibilities Handbook
Commissioner James led the discussion on the Board of Commissioners’ Roles & Responsibilities
Handbook. The BOC Handbook was well received with the suggestion of adding source reference
hyperlinks. Commissioner James thanked BWL staff, Associate Attorney II Marie Mireles,
Associate Attorney II Yolanda Bennet, Corporate Secretary LaVella Todd, and Administrative
Assistant Maria Koutsoukos, who participated in preparing the handbook. Commissioners were
asked to review the Roles & Responsibilities Handbook for further discussion at the March 2024
COW meeting.
Other
Motion by Commissioner Semone James, Seconded by Commissioner Sandra Zerkle for an
excused absence for Commissioner Beth Graham.
Action: Motion Carried.
Adjourn
Chairperson Price adjourned the meeting at 5:47 p.m.
Respectfully Submitted
David Price, Chairperson
Committee of the Whole
Finance Committee Chairperson Sandra Zerkle presented the Finance Committee Report:
FINANCE COMMITTEE
Meeting Minutes
January 16, 2024
Finance Committee: Sandra Zerkle, Committee Chairperson; Beth Graham; David Price; and
Dale Schrader; Alternates: Semone James, Tracy Thomas; Non-Voting: Commissioners J. R.
Beauboeuf, Brian Pillar, Robert Worthy.
The Finance Committee of the Board of Water and Light (BWL) met at the BWL Headquarters –
REO Town Depot, located at 1201 S. Washington Ave., Lansing, MI on Tuesday, January 16, 2024.
Finance Committee Chairperson Sandra Zerkle called the meeting to order at 6:00 p.m. and asked
the Corporate Secretary to call the roll.
Present: Commissioners David Price, Dale Schrader, and Sandra Zerkle; Alternates: Semone
James and Tracy Thomas
Absent: Commissioner Beth Graham
The Corporate Secretary declared a quorum.
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner David Price, Seconded by Commissioner Dale Schrader, to approve the
Finance Committee Meeting minutes of November 7, 2023.
Action: Motion Carried.
November YTD Financial Summary
CFO, Heather Shawa presented the November YTD Financial Summary.
Commissioner James asked why the Days Cash on Hand was in red even though it is in the
positive. CFO Shawa responded that the Days Cash on Hand is below the targeted amount.
Chairperson Zerkle asked whether after receiving the grant of $8 million for electric vehicle
charging stations in the Lansing area, BWL would be in charge of providing and repairing the
stations. CFO Shawa responded that grant was awarded to the city in a partnership, with BWL
making sure the infrastructure is to BWL specifications.
Commissioner James asked whether hydrogen was being considered for energy. Executive
Director of Operations, Dave Bolan responded that one of the pilot projects being worked on is
small hydrogen technology fuel cells.
Capital Project Exceedance Request – Eckert 13 & 15 Cutover Resolution
CFO Shawa requested approval of the Capital Project Exceedance for the Eckert 13 & 15 Cutover
which was due to an extended schedule resulting in higher material and labor costs.
Commissioner DeShon Leek asked for an explanation of 13 & 15 Cutover. CFO Shawa responded
that the numbers referred to circuits at the old John Beam building. Mr. Bolan added the circuits
are to service the additional load at the building.
Commissioner Schrader requested that plain language information be provided as to why there
is an exceedance when there is a request made. CFO Shawa responded that we can be sure to
provide additional information and added that this exceedance was primarily due to increased
labor costs.
Motion by Commissioner David Price, Seconded by Commissioner Dale Schrader, to forward the
Resolution for the Capital Exceedance Request Eckert 13 & 15 Cutover to the full Board for
consideration.
Action: Motion Carried.
Bond Update
CFO Shawa provided the clean energy bond issuance update. Closing is on January 31, 2024 and
proceeds will be received then. Savings of $4.7 Million are estimated to result from the partial
refinancing of the 2013A and 2019B bonds.
Retirement Plan Committee (RPC) and DB Plan Investment Policy Statement (IPS) Updates
Finance, Planning and Accounting Director, Scott Taylor presented the RPC updates. An asset
allocation to reduce risk for the Defined Benefit Plan assets was recommended by the RPC for
which there is a resolution requesting approval.
Commissioner Thomas commended the work on the Retirement Plan for the benefit of retirees.
Motion by Commissioner David Price, Seconded by Commissioner Dale Schrader, to forward the
Resolution for the DB Plan Investment Policy Statement Revision to the full Board for
consideration.
Action: Motion Carried.
Bi-Annual Internal Audit Open Management Response Updates
Internal Control Analyst, Cody Rochefort, presented the Bi-Annual Internal Audit Open
Management Response updates. The RPC is working on a formal Retirement Plan Committee
Charter and expects to complete it by June 2024.
FY24 Internal Audit Work Plan and Resolution
Director of Internal Audit Elisha Franco presented the FY24 Internal Audit Work Plan and
requested approval of the plan. The audit department will review the FY24 Rules & Regulations
with a focus on fees and charges; complete a follow-up audit to conclude if opting into PA-95 is
a benefit to BWL customers; and examine the payroll process and documentation with a focus
on FY24 3rd and 4th quarter transactions.
Commissioner James requested that Ms. Franco do a review of Commissioner resolutions that
have been passed to date for the Board of Commissioners Roles & Responsibilities Handbook
that is being created. Ms. Franco responded that she would conduct an informal audit and review
the resolutions for the handbook on behalf of the Board.
Commissioner Schrader asked what was being examined in the payroll process. Ms. Franco
responded that a new HRIS payroll system has been implemented, cash payroll is a high-risk area,
and a payroll management review has not been completed since 2017.
Motion by Commissioner David Price, Seconded by Commissioner Dale Schrader, to forward the
Resolution for the approval of the FY24 Internal Audit Work Plan to the full Board for
consideration.
Action: Motion Carried.
Review and Approval of Board of Commissioners Second Quarter Budget & Expense Report
Finance Committee Chairperson, Sandra Zerkle reported that P-Card reports and expense reports
have been approved by the Finance Committee Chairperson and Finance Committee Member,
David Price and have been sent to all Commissioners.
Other
Motion by Commissioner Sandra Zerkle, Seconded by Commissioner David Price for an excused
absence for Commissioner Beth Graham.
Action: Motion Carried.
Adjourn
Chairperson Sandra Zerkle adjourned the meeting at 6:44 p.m.
Respectfully submitted,
Sandra Zerkle, Chairperson
Finance Committee
MANAGER’S RECOMMENDATIONS
There were no Manager’s Recommendations.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
RESOLUTIONS/ACTION ITEMS
RESOLUTION 2024-01-01
Capital Project Exceedance: PE-20230 Eckert 13 & 15 Cutover
WHEREAS, Lansing Board of Water & Light’s (BWL) Policy F1-13, entitled Capital Project
Exceedance Approval, requires BWL Board of Commissioners approval for capital projects that
are expected to exceed their previously approved designed budget amount by both 15% and
$200,000 prior to completion of the project; and
WHEREAS, the previously approved budget for Capital Project PE-20230 Eckert 13 & 15 Cutover
was $1,882,818; and
WHEREAS, the projected final total cost for Capital Project PE-20230 Eckert 13 & 15 Cutover is
$2,180,905, should the project be completed; and
WHEREAS, BWL staff and management reviewed the project cost in detail, which includes but is
not limited to the rationale and circumstances for the increased budget projection; and
WHEREAS, BWL staff and management recommends that the Capital Project PE-20230 Eckert
13 & 15 Cutover projected spending be approved; and
RESOLVED, the BWL Board of Commissioners approve projected spending for Capital Project
PE-20230 Eckert 13 & 15 Cutover with a projected final total cost of $2,180,905.
Motion by Commissioner Tracy Thomas, Seconded by Commissioner David Price, to approve the
Resolution for the Capital Project Exceedance: PE-20230 Eckert 13 & 15 Cutover at a Board
meeting held on January 23, 2024.
Action: Motion Carried.
RESOLUTION 2024-01-02
Revised Defined Benefit Plan Statement of Investment Policies, Procedures and Objectives
WHEREAS, the Lansing Board of Water & Light (the “Sponsor”) sponsors the Lansing Board of
Water and Light Defined Benefit Plan and Trust for Employees’ Pensions (the “Defined Benefit
Plan”); and
WHEREAS, the Retirement Plan Committee, established by the Sponsor and delegated certain
duties by the Trustees related to the investment of Defined Benefit Plan assets, periodically
reviews the asset allocation of the plan and, as a result of its most recent review, recommends
the total target allocation to equity investments be reduced to 45% of the plan from the current
target allocation of 55% and the total target allocation to fixed income investments be
increased to 50% of the plan from the current target of 40%; and
WHEREAS, the Retirement Plan Committee along with the General Manager recommends the
Sponsor adopt the revisions which reflect these recommendations in the attached Lansing
Board of Water and Light Defined Benefit Plan and Trust for Employees’ Pensions Statement of
Investment Policies, Procedures and Objectives; and
WHEREAS, the Sponsor wants to adopt the revisions reflected in the attached Lansing Board of
Water and Light Defined Benefit Plan and Trust for Employees’ Pensions Statement of
Investment Policies, Procedures and Objectives;
THEREFORE, it is:
RESOLVED, that, after its review, and based on the recommendation from the Retirement Plan
Committee along with the General Manager, the Sponsor adopts and approves the attached
Lansing Board of Water and Light Defined Benefit Plan and Trust for Employees’ Pensions
Statement of Investment Policies, Procedures and Objectives.
Motion by Commissioner David Price, Seconded by Commissioner Sandra Zerkle to approve the
Resolution for Revised Defined Benefit Plan Investment Policy Statement at a Board meeting
held on January 23, 2024.
Action: Motion Carried.
RESOLUTION 2024-01-03
Internal Audit Plan for FY 2024
RESOLVED, That the Board of Commissioners hereby approves the Internal Audit Plan for FY
2024.
Motion by Commissioner David Price, Seconded by Commissioner Toy Mullen to approve the
Internal Audit Plan for FY 2024 at a Board meeting held on January 23, 2024.
Action: Motion Carried.
MANAGER’S REMARKS
General Manager Peffley reported on the following:
1. The BWL Sustainability Report for FY 2023 was provided to the Commissioners. The
report contains facts and figures for BWL’s utility services.
2. The 15th group of 1st STEP students were welcomed on Friday, January 20, 2024.
3. There were only 35 customers without power during the storm two weeks ago which is
a credit to the transmission and distribution system.
4. The BWL annual audit was presented at the Lansing City Council COW on January 22 and
the presentation went well.
5. Since opting into PA-95, which allows BWL to disconnect residential electric service in
the winter, BWL customers have received $532,855.48 in MDHHS utility payment
assistance. This is an increase of $429,004.75 compared to November and December
2022 MDHHS’ funding. These preliminary numbers indicate this program is working.
Customers age 65 and older are exempt from shut off (13,000 customers). Shut offs
were suspended for 6 days this month due to severe cold and were in line with the
Mayor’s activation of warming centers.
Commissioner Mullen asked how many Lansing public school students were in the 1st STEP
program and Executive Director of Human Resources Michael Flowers responded there are four
students in the program this year.
COMMISSIONERS’ REMARKS
Commissioner Zerkle commended BWL for a terrific year, for the work on the lead removal
project and for the $8 million grant received in participation with the city.
GM Peffley stated that a $12 million purchase for 700W solar panels would be delivered for
developing a Lansing footprint with seven projects in the Lansing area. BWL wasn’t eligible for
the 30% tax credit previously and partnered with another business with purchase power
agreements. For the first three projects, solar panels will be put at the landfill at Comfort Street,
at Lake Lansing, and at the Delta Energy Plant. The projects will help with the renewable portfolio
and the loads during the summer.
Commissioner Zerkle asked if the amount of renewables that would result from the solar panels
had been determined. GM Peffley stated that Kellee Christensen, Director of Strategic Planning
& Development, could provide the generation numbers to the Commissioners.
Commissioner Leek asked if the solar panels were stationary to one spot or rotate with the sun.
GM Peffley responded that the panels were stationary and the 2-3% of increase in the output of
energy in the tracking array is not worth the expense and maintenance costs. Commissioner Leek
also asked how snow is removed from the solar panels in the winter. GM Peffley responded that
mother nature removes it or the snow can be swept off.
Commissioner Thomas commended BWL on the communications received and commended Ben
McDonald for keeping the meeting technology working.
Chairperson James thanked GM Peffley and his staff, Associate Attorney Marie Mireles,
Corporate Secretary and her staff, for the help with Board of Commissioners Roles &
Responsibilities Handbook; and HR Executive Director Michael Flowers with the help with the
Board Self-Evaluation survey.
EXCUSED ABSENCE
Motion by Commissioner Tony Mullen, Seconded by Commissioner Beth Graham, to excuse
Commissioner J. R. Beauboeuf from tonight’s meeting.
Action: Motion Carried.
PUBLIC COMMENTS
There were no public comments.
ADJOURNMENT
Chairperson Semone James adjourned the meeting at 5:52 p.m.
LaVella J. Todd, Corporate Secretary
Preliminary Minutes filed (electronically) with Lansing City Clerk 01-25-24
Approved by the Board of Commissioners: 03-26-24
Official Minutes filed (electronically) with Lansing City Clerk: 03-27-24